CCR2019042-AttachmentBay Lane Drive
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Green Solutions Funding Agreement G98005P34
Bay Lane Drive
1. The Parties
This Agreement is between the Milwaukee Metropolitan Sewerage District (District), 260 West
Seeboth Street, Milwaukee, Wisconsin 53204-1446, and the City of Muskego (Muskego), W182
S8200 Racine Avenue, Muskego, Wisconsin 53150.
2. Basis for this Agreement
A. Wisconsin law authorizes any municipality to establish an intergovernmental cooperation
agreement with another municipality for the furnishing of services (Wis. Stat. sec. 66.0301).
B. The District is responsible for collecting and treating wastewater from locally-owned
sewerage systems in the District’s service area.
C. During wet weather, stormwater enters the sewerage system, increasing the volume of
wastewater the District must collect and treat.
D. During wet weather, stormwater directly enters surface water, increasing pollution levels in
those waterways and increasing the risk of flooding.
E. Green infrastructure, such as constructed wetlands, rain gardens, green roofs, bioswales, and
porous pavement, reduces the volume of stormwater in the sewerage system and the amount
of pollutants discharged to surface waters.
F. The District’s WPDES permit includes a goal of 50 million gallons of green infrastructure
detention capacity.
G. The District wants to expedite the amount of green infrastructure installed in its service area.
H. Muskego plans to install green infrastructure that supports the District’s green infrastructure
goals.
3. Date of Agreement
This Agreement becomes effective immediately upon signature by both parties and ends when
Muskego receives final payment from the District or when the parties terminate this Agreement
according to sec. 14 of this Agreement.
4. District Funding
The District will reimburse Muskego for the cost of the project described in the attached project
description (project), up to $225,325. The District will provide funding after the District
receives the Baseline Report and the Conservation Easement.
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5. Location of Project
The project will be between on Lot 2 CSM 9957, on the northeast corner of Bay Lane Drive and
Woods Road intersection.
6. Baseline Report
After completion of the project, Muskego will provide a Baseline Report using forms provided
or approved by the District. The Baseline Report will include:
A. a site drawing, showing the project as completed;
B. a topographic map of the project site;
C. design specifications for the project, including rainwater capture capacity (maximum per
storm) and other information regarding runoff rate reduction or pollutant capture;
D. a tabulation of the bids received, including bidder name and price;
E. a copy of the executed construction contract;
F. a legal description of the property where the project is located, including parcel identification
numbers, if a conservation easement is required;
G. photographs of the completed project;
H. a maintenance plan;
I. an outreach and education strategy, including a description of events or activities completed or
planned;
J. an itemization of all construction costs, with supporting documentation;
K. a W-9 Tax Identification Number form;
L. a Small, Veterans, Women, and Minority Business Enterprise Report; and
M. an Economic Impact Report, showing the total number of people and the estimated number of
hours worked on design and construction of the Project by Muskego’s employees, contractors,
consultants, and volunteers.
7. Procedure for Payment
Muskego will submit an invoice to the District for the amount to be reimbursed. The invoice
will document all costs to be reimbursed. Invoices from consultants will provide: their hourly
billing rates, if applicable; the hours worked, by individual; and a summary of the tasks
accomplished.
Muskego will send the Baseline Report and the invoice to:
Andrew Kaminski, Project Manager
Milwaukee Metropolitan Sewerage District
260 West Seeboth Street
Milwaukee, Wisconsin 53204-1446
The District will not provide reimbursement until the Project is complete and the District has
received all required deliverables.
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8. Changes in the Project and Modifications to the Agreement
Any changes to the Project must be approved by the District in writing in advance. The District
will not reimburse for work that is not described in the original project description unless
Muskego obtains prior written approval from the District.
9. Modifications to this Agreement
Any modifications to this Agreement will be in writing and signed by both parties.
10. Project Maintenance
Muskego will maintain the Project for at least ten years. If the Project fails to perform as
anticipated or if maintaining the Project is not feasible, then Muskego will provide a report to the
District explaining the failure of the Project or why maintenance is not feasible. Failure to
maintain the Project will make Muskego ineligible for future District funding until Muskego
corrects maintenance problems.
11. Permits, Certificates, and Licenses
The Muskego is solely responsible for compliance with all federal, state, and local laws and any
required permits, certificates, or licenses.
12. Procurement
Muskego must select professional service providers according to the ordinances and policies of
Muskego. Muskego must procure all non-professional services, such as construction, sewer
inspection, and post-construction restoration, according to State of Wisconsin statutes and
regulations and the ordinances and policies of Muskego. Whenever work valued over $25,000 is
procured without the use of a public sealed bidding process, the District may request and
Muskego must provide an opinion from a licensed attorney representing Muskego explaining
why the procurement complies with State of Wisconsin law and the ordinances of Muskego.
13. Responsibility for Work, Insurance, and Indemnification
Muskego is solely responsible for planning, design, construction, and maintenance of the Project,
including the selection of and payment for consultants, contractors, and materials.
The District will not provide any insurance coverage of any kind for the Project or the Muskego.
Muskego will defend, indemnify, and hold harmless the District and its Commissioners,
employees, and agents against all damages, costs, liability, and expenses, including attorney’s
fees and related disbursements, arising from or connected with the planning, design,
construction, operation, or maintenance of the Project.
14. Terminating this Agreement
The District may terminate this Agreement at any time before the commencement of
construction. After the commencement of construction, the District may terminate this
Agreement only for good cause, including, but not limited to, breach of this Agreement by
Muskego. Muskego may terminate this Agreement at any time, but Muskego will not receive
any payment from the District if Muskego does not complete the Project.
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15. Conservation Easement
After the completion of construction, the District must receive a Conservation Easement from
Muskego. The Conservation Easement will be limited to the Project. The term of the
Conservation Easement will be ten years. Muskego will cooperate with the District to prepare
the Conservation Easement.
16. Exclusive Agreement
This Agreement is the entire agreement between Muskego and the District for the project.
17. Severability
If a court holds any part of this Agreement unenforceable, then the remainder of the Agreement
will continue in effect.
18. Applicable Law
The laws of the State of Wisconsin apply to this Agreement.
19. Resolving Disputes
If a dispute arises under this Agreement, then the parties will try to resolve the dispute with the
help of a mutually agreed-upon mediator in Waukesha County. The parties will equally share
the costs and fees associated with the mediation, other than attorney’s fees. If the dispute is not
resolved within 30 days after mediation, then either party may take the matter to court.
20. Notices
All notices and other communications related to this Agreement will be in writing and will be
considered given as follows:
A. when delivered personally to the recipient's address as stated in this Agreement; or
B. three days after being deposited in the United States mail, with postage prepaid to the
recipient's address as stated in this Agreement.
21. Independence of the Parties
This Agreement does not create a partnership. Muskego does not have authority to make
promises binding upon the District or otherwise have authority to contract on the District's
behalf.
22. Assignment
Muskego may not assign any rights or obligations under this Agreement without the District's
prior written approval.
23. Public Records
Muskego will produce any records in the possession of Muskego that are subject to disclosure by
the District pursuant to the State of Wisconsin’s Open Records Law, Wis. Stats. secs. 19.31 to
19.39. Muskego will indemnify the District against all claims, demands, or causes of action
resulting from the failure to comply with this requirement.
Signatures on Next Page
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MILWAUKEE METROPOLITAN
SEWERAGE DISTRICT
CITY OF MUSKEGO
By: ____________________________ By:
Kevin L. Shafer. P.E.
Executive Director
Kathy Chiaverotti
Mayor
Date: ___________________________ Date: ______________________________
Approved as to Form
By: __________________________
Attorney for the District
By:
Sharon Mueller
Clerk-Treasurer
Date: ______________________________
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Green Solutions Funding Agreement G98005P34
Bay Lane Drive
Project Description
Muskego will create a green space at the downstream end of a storm sewer network to comply
with stormwater quality and quantity regulations using a meandering grass swale, native
landscaping, and a detention pond, as shown in Figure 1. Approximately, 7,766 square feet of
flood plain seed mix will be used, along with 12,934 square feet of shortgrass prairie seed mix.
The green infrastructure will be on Lot 2 CSM 9957, on the northeast corner of the Bay Lane
Drive and Woods Road intersection.
Schedule
Bid opening occurred on April 4, 2019. Muskego will award the contract and work will start in
May 2019. The Contractor will complete the project in October 2019.
Budget
Item Description Qty. Unit Unit Price Total
Earthwork (green detention area only) 1 LS $58,537.19 $58,537.19
4" Topsoil, Flood Plain Seed Mix, Fertilizer 863 SY $1.74 $1,501.62
4" Topsoil, Short Grass Prairie Seed Mix, Fertilizer 1437 SY $2.21 $3,175.77
GI88 Erosion Mat, Class 1 Urban Type A 1402 SY $1.25 $1,752.50
GI89 Erosion Mat, Class 1 Urban Type B 912 SY $1.25 $1,140.00
Total $66,107.08
• Purchase of Property for Green Infrastructure improvements = $100,000
• Engineering design time = $5,717.50
• Construction Contingency for Green Infrastructure = $8,500
• Construction inspection time = $20,000
• City of Muskego Staff time = $20,000
• Signage =$5,000
Outreach and Education
Muskego will post educational signage at the Project site. This signage will acknowledge
District funding for the Project. In addition, Muskego will describe the Project and its benefits in
a community newsletter or web page.
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Figure 1
Bay Lane Drive