CCR2022.015-Agreement-MMSD_with SignaturesFunding Agreement M10005MU01
Private Property Infiltration and Inflow Reduction Agreement
This Agreement is made between the Milwaukee Metropolitan Sewerage District
(District) with its principal place of business at 260 West Seeboth Street, Milwaukee, Wisconsin
53204-1446 and the City of Muskego (Municipality) with its municipal offices at W182 58200
Racine Ave, Muskego, Wisconsin, 53150.
WHEREAS, Wisconsin law, through Section 66.0301 Stats., authorizes any municipality
to enter into an intergovernmental cooperation agreement with another municipality for the
furnishing of services; and
WHEREAS, the District is responsible for collecting and treating wastewater from the
Municipality's locally owned collection system; and
WHEREAS, the Municipality's sewers collect wastewater from lateral sewers located on
private property and owned by private property owners; and
WHEREAS, during wet weather events stormwater enters lateral sewers through
defective pipes and leaky joints and connections ("infiltration) and stormwater also enters lateral
sewers from foundation drains, improper connections and other sources ("inflow"); and
WHEREAS, infiltration and inflow increase the amount of wastewater that the District
must collect and treat; and
WHEREAS, during wet weather events infiltration and inflow ("I/I") into privately
owned sewers contributes to the risk of sewer overflows; and
WHEREAS, the District has established the Private Property Infiltration and Inflow
Reduction Program (Program) to provide guidelines, requirements, and a funding structure for
municipalities to complete I/I reduction work on private property through the District Private
Property Infiltration and Inflow Policy (Policy); and
WHEREAS, the Municipality wishes to participate in the Program;
NOW, THEREFORE, in consideration of the mutual promises made by the parties to
this Agreement, the parties agree as follows:
1. Term of Agreement
This Agreement becomes effective immediately upon signature by both parties and shall
remain in effect until the earliest of (1) the Municipality receiving final payment from the
District, (2) January 31, 2024, or (3) termination of this Agreement as otherwise set forth herein.
2. District Funding
The District shall reimburse the Municipality in an amount not to exceed $725,000 for
approved private property I/I costs incurred through the work described in Attachment A ("the
Work"). Provided the Municipality is in compliance with the terms of this Agreement, the
District funding shall be provided on a reimbursement basis in accordance with Section 8 below.
No reimbursement will be made for costs incurred prior to the effective date of this Agreement
or for costs that are not supported by documentation as outlined by this Agreement.
City of Muskego M10005MU01 Funding Agreement
Private Property Infiltration and Inflow Control
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3. Program Publicity and Outreach Requirements
a. The Municipality shall identify the District as a funder in informational literature and
signage relating to the Work. Samples of all public involvement/public education
documents shall be provided to the District for review at least two (2) weeks prior to
being distributed to the public.
b. A minimum of a one (1) week notice of any public meetings shall be provided to the
District. In the event the District is unable to attend and participate, detailed meeting
minutes shall be provided within five (5) days of the meeting.
4. Selection of Professional Service Providers by Municipality
The selection of professional service providers to perform Work funded by this
Agreement shall be in accordance with the Municipality's ordinances and policies.
5. Selection of Non -Professional Service Providers by Municipality
Pursuant to a public Request for Qualifications process, the District has developed an
Approved Contractors List, organized by work type to ensure all Work funded by the District
maintains specific quality standards. Those Approved Contractors and their suppliers can submit
products they intend to utilize for inclusion in the District's Approved Products List. The
appropriate subset of the Approved Contractor List and the Approved Products List shall be
utilized as part of Municipality's bidding process for contracts to perform Work funded by this
Agreement.
In addition to the above, all non-professional service providers to perform Work funded
by this Agreement shall be procured in accordance with both State of Wisconsin statutes and
regulations and the Municipality's ordinances and policies. Whenever Work valued over $25,000
is procured without the use of a public seated bidding process, the District may request, and the
Municipality must provide an opinion from a licensed attorney representing the Municipality
stating that the procurement is in compliance with State of Wisconsin law and Municipal
ordinances.
In addition:
a. The Municipality shall provide the District with the opportunity to review and
comment on the complete set of bidding documents prior to solicitation of bids,
quotes or proposals as set forth in Attachment B;
b. Municipality shall provide the District with all bids and proposals for review prior
to the award of the contract, as set forth in Attachment B. The District reserves
the right to revoke funding based on project award to contractors who are not on
the District's list of Authorized Contractors.
6. Non-professional Service Contract Terms and Conditions
The Municipality agrees to include Attachment C in all non-professional service
contracts relating the Work. Failure to include Attachment C in the non-professional service
contracts will constitute a material breach of this Agreement.
7. Contractor Pay Applications
Prior to the Municipality paying contractors for Work funded by this Agreement, the
District shall be provided an opportunity to review and endorse the contractor pay applications.
City of Muskego M10005MU01 Funding Agreement
Private Property Infiltration and Inflow Control
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The Municipality shall submit contractor pay applications for review through a Comment Form
in the District's online application, eBuilder. All contractor pay applications shall include
supporting documentation certifying that the Municipality has received and reviewed a
proportionate amount of contract deliverables for which the Contractor is responsible.
The District shall review pay applications within seven (7) calendar days of submission.
If the Municipality does not receive a response from the District within seven (7) calendar days,
the application shall be considered approved.
S. Procedure for Reimbursement
The Municipality shall submit reimbursement requests to the District a minimum of three
(3) times throughout this Agreement.
Each reimbursement request shall include:
An invoice from the Municipality clearly stating the requested reimbursement amount;
All consultant invoices, approved contractor pay applications, and other expense
invoices;
All deliverables listed in Attachment B, proportionate and applicable to the Work
completed as related to the request.
Invoices from consultants shall provide the hourly billing rates, the hours worked by
individuals, and a summary of the tasks completed.
Reimbursement requests should be submitted within a reasonable period of time of the
costs being incurred. The initial reimbursement request shall be submitted prior to thirty-five
percent (35%) of the value of the Work being completed. The final reimbursement request shall
be submitted upon completion of all Work. All reimbursement requests must be received prior to
expiration of this Agreement.
Reimbursement requests, the supporting documentation of costs shall be submitted
through eBuilder. The corresponding deliverables shall be submitted as set forth in Attachment
B. Questions should be directed to the District Senior Project Manager (SPM):
Rebecca Specht, RE
Senior Project Manager
Milwaukee Metropolitan Sewerage District
260 West Seeboth Street
Milwaukee, WI 53204 — 1446
Final payment will not be provided until the Work is complete and all deliverables set
forth in Attachment B have been received.
9. Changes in Work and Modifications to the Agreement
Any proposed changes to the Work must be submitted to the District, in writing, in
advance of the Work being completed. The District will not reimburse for Work that is not
included in Attachment A (including all professional services and non-professional services
contracts procured through the Work outlined in Attachment A) unless prior written approval has
been requested from the District and approval has been obtained through the eBuilder change
process.
This Agreement may be modified only in writing signed by both parties or through the
eBuilder change process.
City of Muskego M10005MU01 Funding Agreement
Private Property Infiltration and Inflow Control
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10. Responsibility for Work
The Municipality is responsible for overseeing construction and shall provide fiill time
construction inspection for all Work. Each inspector shall be experienced, qualified, and
certified for the scope of the Work.
11. Post -Construction Verification
The Municipality and its contractor(s), if applicable, shall report to the District any
problems that arise with or related to the completed Work, whether discovered through
inspection or through complaints from homeowners, for a period of ten (10) years following
substantial completion. The Municipality shall also report any actions taken to investigate the
complaint, and if within the warranty period, to resolve the issue.
The Municipality shall be responsible for reporting post -workflow monitoring data and or
other data related to identified measures of success for at least five (5) years post -work
completion or as long as data is available, whichever period is longer.
All warranty inspection costs incurred by the District due to Municipality's failure to
enforce the warranty inspection requirement in its construction contract(s) shall either be: (1)
deducted from Municipality's Program account; or (2) invoiced to Municipality.
The terms of this Section 11 shall survive termination of this Agreement.
12. Permits, Certificates and Licenses
The Municipality is solely responsible for ensuring compliance with all federal, state and
local laws requiring permits, certificates and licenses required to implement the Work.
13. Insurance
The District shall not provide any insurance coverage of any kind for the Work or for the
Municipality. Municipality shall ensure that each contractor and subcontractor have adequate
insurance to perform the Work and names the Municipality as an additional insured on its
Commercial General Liability Insurance policies.
14. Terminating the Agreement
The District may terminate this Agreement at any time prior to commencement of the
Work. After the Work has commenced, the District may terminate the Agreement only for good
cause, such as, but not limited to, breach of agreement by the Municipality. The Municipality
may terminate the Agreement at any time but will not receive any payment from the District if
the Work is not completed.
15. Exclusive Agreement
This is the entire Agreement between the Municipality and the District regarding
reimbursement for Work.
16. Severability
If any part of this Agreement is held unenforceable, the rest of the Agreement will
continue in effect.
17. Applicable Law
This Agreement is governed by the laws of the State of Wisconsin.
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Private Property Infiltration and Inflow Control
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18. Resolving Disputes
If a dispute arises under this Agreement, the parties agree to first try to resolve the
dispute with the help of a mutually agreed -upon mediator in Waukesha County. Any costs and
fees other than attorney fees associated with the mediation shall be shared equally by the parties.
If the dispute is not resolved within thirty (30) days after it is referred to the mediator, either
party may take the matter to court.
19. Notices
Unless otherwise set forth herein, all notices and other communications in connection
with this Agreement shall be in writing and shall be considered given as follows:
• when delivered personally to the recipient's address as stated on this Agreement;
or
• three (3) days after being deposited in the United States mail, with postage
prepaid to the recipient's address as stated on this Agreement.
20. No Partnership
This Agreement does not create a partnership relationship nor give the Municipality the
apparent authority to make promises binding upon the District. The Municipality does not have
authority to enter into contracts on the District's behalf.
21. Assignment
The Municipality may not assign any rights or obligations under this Agreement without
the District's prior written approval.
22. Public Records
The Municipality agrees to cooperate and assist the District in the production of any
records in the possession of the Municipality that are subject to disclosure by the District
pursuant to the State of Wisconsin's Open Records Law, §§ 19.31-19.39, Wis. Stats. The
Municipality agrees to indemnify the District against any and all claims, demands, and causes of
action resulting from the Municipality's failure to comply with this requirement.
City of Muskego M10005MU01 Funding Agreement
Private Property Infiltration and Inflow Control
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MILWAUKEE METROPOLITAN CITY/CITY OF MUSKEGO
SEWERAGE DISTRICT
By: By:
Kevin L. Shafer, P.E., Executive Director Rick Petfalski, or
Date:
Approved as to form:
Attorney for the District
Date: "I P12 -;C?,
n _______-3 r_-.
City of Muskego M10005MU01 Funding Agreement
Private Property Infiltration and Inflow Control
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10
MILWAUKEE METROPOLITAN
SEWERAGE DISTRICT
CITY/CITY OF MUSKEGO
By: By:
Kevin L. Shafer, P.E., Executive Director Rick Petfalski, Mayor
Date:
Approved as to form:
Attorney for the District
Date: A'Aa ^��
Approved as to form:
Attorney r the uxu ipality
City of Muskego M10005MUOI Funding Agreement
Private Property Infiltration and Inflow Control
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COMMON COUNCIL - CITY OF MUSKEGO
RESOLUTION #015-2022
APPROVAL OF PRIVATE PROPERTY INFILTRATION &
INFLOW REDUCTION AGREEMENT WITH
MILWAUKEE METROPOLITAN SEWERAGE DISTRICT
WHEREAS, Wisconsin law, through Section 66.0301 Stats., authorizes any municipality
to enter into an intergovernmental cooperation agreement with another municipality for
the furnishing of services; and
WHEREAS, the Milwaukee Metropolitan Sewerage District (MMSD) is responsible for
collecting and treating wastewater from the Municipality's locally owned collection
system; and
WHEREAS, during wet weather events stormwater enters lateral sewers through
defective pipes and leaky joints and connections ("infiltration) and stormwater also
enters lateral sewers from foundation drains, improper connections and other sources
("inflow"); and
WHEREAS, infiltration and inflow increase the amount of wastewater that the MMSD
must collect and treat; and
WHEREAS, the MMSD has established the Private Property Infiltration and Inflow
Reduction Program (Program) to provide guidelines, requirements, and a funding
structure for municipalities to complete 1/1 reduction work on private property through the
District Private Property Infiltration and Inflow Policy (Policy); and
WHEREAS, the City of Muskego wishes to participate in the Program by entering into
an Agreement with MMSD; and
WHEREAS, the area that was chosen for this project is due to high groundwater and
proximity of the sewers to Little Muskego Lake as camera inspection showed clearwater
entering the mainline through laterals and data showed an increase in pump times
during wet weather events; and
WHEREAS, the work includes the replacement of the sanitary sewer from the mainline
to the house; that the method will be open cut allowing for full lateral replacement which
should result in low risk follow up maintenance activities in the future; and
WHEREAS, pursuant to the Agreement, MMSD will reimburse the City of Muskego for
the full cost of the project in an amount not to exceed $725,000.00; and
WHEREAS, The Finance Committee has reviewed the Agreement and has
recommended approval to the Common Council.
NOW, THEREFORE, BE IT RESOLVED That the Common Council of the City of
Muskego, upon the recommendation of the Finance Committee, does hereby approve
the attached Private Property Infiltration and Inflow Reduction Agreement with MMSD
for the Little Muskego Lake area project.
Res. #015-2022
BE IT FURTHER RESOLVED That the Mayor and Clerk -Treasurer are authorized to
sign the Agreement and the City Attorney is authorized to make substantive changes as
may be necessary in order to preserve the general intent thereof.
DATED THIS 22nd DAY OF FEBRUARY 2022.
SPONSORED BY
gIffi1►[yaftf]
This is to certify that this is a true and accurate copy of Resolution #015-2022, which
was adopted by the Common Council of the City of Muskego.
Clerk -Treasurer
2/22cmc