CCR2022.001-Agreement-IGAIntergovernmental Cooperation Agreement
between the
Milwaukee Metropolitan Sewerage District
and the
City of Muskego
For Franklin-Muskego Force Main Rehabilitation
1. Parties
This Intergovernmental Cooperation Agreement (Agreement) is made between the Milwaukee
Metropolitan Sewerage District (District), acting through its Executive Director, and the City of
Muskego (City), acting through its Mayor.
2. Purpose
The purpose of this Agreement is to establish responsibilities for coordinating construction work
on the Franklin-Muskego Force Main Sewer (Force Main), including conducting repairs and pipe
segment removals and replacements to ensure it remains in serviceable condition.
3. Basis for this Agreement
(A) The Force Main is located in Muskego and Franklin. The McShane Drive Pump Station
(Pump Station) is at N139 S7536 Bluhm Drive, Muskego, and is the upstream terminus
of the Force Main. Figure 1 shows the Pump Station and the Force Main.
(B) The City owns and operates the Pump Station and the upstream McShane In -line Storage
Facility (In -line Storage Facility) capable of storing approximately 1.7 million gallons of
flows during Pump Station service outages. Figure 1 shows the In -Line Storage Facility.
(C) The City owns the portion of the Force Main in Muskego. The District owns the portion
of the Force Main in Franklin.
(D) The District constructed the Force Main in the 1984 utilizing ductile iron. This type of
pipe has the potential to corrode, causing weakness that could lead to failure, leading to a
sanitary sewer overflow.
(E) The District conducted non-destructive inspections in 2014 and 2015 and condition
assessment of the Force Main in 2016 to determine its structural integrity.
(F) The 2014 and 2015 inspections and 2016 condition assessment determined the Force
Main was in serviceable condition; however, pipe wall thickness anomalies were found
at various points along the length of the Force Main, which increase the likelihood of
failure.
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Franklin-Muskego Force Main Condition Rehabilitation
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(G) To reduce such a risk, the District must excavate, repair or remove and replace segments
of the Force Main and further investigate the root cause of the anomalies through testing
of the in -place and removed segments of pipe (Project).
(H) As part of that work, the Force Main will need to be taken out of service, and wastewater
flows temporarily rerouted pursuant to an agreed upon Flow Control Plan (Flow Control
Plan).
4. Effective Dates
This Agreement becomes effective on the date when signed by both parties and terminates on
December 31, 2022.
5. District Responsibilities
The District will:
(A) contract for the design and construction to complete excavations for the non-destructive
testing and repair of Force Main segment 847;
(B) contract for the design and construction to complete excavations for the destructive
testing and removal and replacement of Force Main segment 429;
(C) include a preliminary flow control strategy in construction bid documents and review and
approve a final Flow Control Plan submitted by the contractor at least 21 days prior to its
implementation;
(D) provide the City an opportunity to review and comment on the preliminary flow control
strategy, final Flow Control Plan and tentative construction schedule for the Force Main
excavations, testing, repairs and replacements described above;
(E) coordinate with the City to select construction times during low flow periods that
minimize disruption of Pump Station operations and the risk of basement backups for
City residents, including:
a. notifying the City of each proposed construction date at least 72 hours in advance;
b. making a Go/No Go decision 24 hours in advance of each proposed construction
date in consultation with the City;
c. coordinating construction with operation of the Pump Station and In -line Storage
Facility;
(F) fund all work necessary to complete construction and subsequent analyses of the Force
Main pipe segments;
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Franklin-Muskego Force Main Condition Rehabilitation
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(G) provide project management, resident inspection and construction management services
during construction;
(H) share the results of the analysis of the Force Main pipe segments with City, as well as
any recommendations regarding future repairs or replacement alternatives to
rehabilitating the remainder of the Force Main, as they become available.
(I) coordinate with the City immediately upon occurrence of an emergency situation
connected to the Project. The District shall be solely responsible for mitigation measures
related to the emergency situation connected to the Project, which may include directing
the flow of wastewater into a creek to prevent sewage backups into City resident's
homes. All costs associated with said mitigation are to be borne by the District.
(J) require its contractor to be liable for its own negligent acts, errors and omissions, and the
acts, errors and omissions of its subcontractors while performing work on the Project.
(K) ensure that all contractors performing work on its behalf under this Agreement provide
proof of insurance for Comprehensive General Liability, Worker's Compensation, Motor
Vehicle Liability, Contractor's Pollution Liability, Umbrella/Excess Liability and
Builder's Risk; the District shall ensure that the City is added as an additional insured
whenever the District is added as an additional insured on all such contractors' insurance
policies. The coverage shall include separate written endorsements for the additional
insured, waiver of subrogation and primary and non-contributory provisions.
(L) In the event that work on the Force Main by the District or its contractors results, in
whole or in part, in a commercial or residential sewer back up, the District shall assume
responsibility for resulting damages and shall indemnify the City of all costs, charges,
fees, settlement amounts and judgments, including reasonable attorney's fees in defense
thereof, for each said claim that results in a recovery or is dismissed by a court of law.
All such claims shall be tendered to the District immediately upon receipt by the City.
6. City Responsibilities
The City will:
(A) review and provide comments on the preliminary flow control strategy, final Flow
Control Plan and tentative construction schedule for the Force Main excavations, testing,
repairs and replacements within 10 business days of receipt from the District;
(B) shut down the Pump Station for approximately six, 12-hour outages to accommodate
construction on the Force Main throughout the term of this Agreement;
(C) divert flows from the City's 12" dual force mains to the Ryan Creek interceptor in
advance of each construction date;
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Franklin-Muskego Force Main Condition Rehabilitation
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(D) coordinate with the District to select construction times during low flow periods that
minimizes disruption of Pump Station operations and the risk of basement backups for
City residents, including:
a. consulting with the District on a Go/No Go decision 24 hours in advance of each
proposed construction date;
b. operating the Pump Station and In -line Storage Facility as needed to
accommodate construction of the Project;
c. monitoring levels in the In -line Storage Facility during each Pump Station outage;
d. monitoring flow rates and levels in specific City -owned sewers during each Pump
Station outage;
e. notifying the District resident engineer during construction when the In -line
Storage Facility reaches approximately 50%, 70%, and 85% capacity.
(E) provide all personnel and equipment necessary to operate the Pump Station, In -line
Storage Facility and monitor flow rates as required during each construction date at no
cost to the District.
(F) coordinate with the District immediately upon the occurrence of an emergency situation
connected to the Project.
(G) immediately tender any claim the City receives to the District relating to a commercial or
resident basement sewer back up caused by the District or its contractors resulting from
work on the Force Main.
7. Modifying this Agreement
Any modification to this Agreement will be in writing and signed by both Parties.
8. Severability
If a court finds any part of this Agreement unenforceable, then the remainder of this Agreement
continues in effect.
9. Applicable Law
The laws of the State of Wisconsin apply to this Agreement.
10. Resolving Disputes
If a dispute arises under this Agreement, then the Parties will try to resolve it with the help of a
mutually acceptable mediator in Waukesha County. The Parties will equally share any costs and
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Franklin-Muskego Force Main Condition Rehabilitation
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fees associated with the mediation, other than attorney fees. If the dispute is not resolved within
30 days after the Parties refer it to a mediator, then either Party may take the matter to court.
Venue in any action brought under this Contract is proper only in either the Circuit Court for
Waukesha County or the Federal District Court for Eastern Wisconsin.
11. Notices
(A) The District will send notices to:
Scott Kroeger, P.E., PLS, ENV SP, MBA, Public Works and Development Director
City of Muskego
W182 S8200 Racine Avenue
Muskego, Wisconsin 53150
SKroeger@cityofmuskego.org
(B) The City will send notices to:
Tony Jazdzyk, Senior Project Manager
Milwaukee Metropolitan Sewerage District
260 West Seeboth Street
Milwaukee, Wisconsin 53204-1446
ajazdzyk@mmsd.com
12. Conflict of Interest
If an officer, employee, or agent of the District or the City exercises any function or
responsibility in connection the services required by this Agreement, then this officer, employee,
or agent may not have any direct or indirect interest in this Agreement.
13. Termination
Either Party may terminate this Agreement at any time. To terminate this Agreement, a Party
will provide written notice to the other Party. This notice will indicate the effective date of
termination and the reasons for termination.
14. Independence of the Parties
This Agreement does not create a partnership. Neither Party may enter into contracts on behalf
of the other Party.
15. Authority of Signatories
Each person signing this agreement certifies that the person is properly authorized by the Party's
governing body to execute this Agreement.
16. Indemnification
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Franklin-Muskego Force Main Condition Rehabilitation
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Nothing herein waives or compromises the parties' respective rights under Wis. Stat. 893.80.
MILWAUKEE METROPOLITAN
SEWERAGE DISTRICT
Kevin L. Shafer, P.E.
Executive Director
Date:
Approved as to form
Attorney for the District
CITY OF MUSKEGO
By:
Rick Petfalski
Mayor
Date:
Approved as to Form
Attorney for the City
Figure 1
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Franklin-Muskego Force Main Condition Rehabilitation
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W College Ave
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Franklin-Muskego Force Main Condition Rehabilitation
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