HomeMy WebLinkAbout06. 21-58FEBRUARY 9, 2021 21-58 RESOLUTION
PURPOSE: APPROVE INTERGOVERNMENTAL AGREEMENT WITH THE
TOWN OF ALGOMA FOR RECONSTRUCTION OF OMRO ROAD
INITIATED BY: DEPARTMENT OF PUBLIC WORKS
WHEREAS, the City of Oshkosh and the Town of Algoma are part of the Oshkosh
Area Metropolitan Planning Organization (MPO); and
WHEREAS, MPO’s recommend eligible roadway projects for program funding
that qualify for the Surface Transportation Program – Urban (STP-U); and
WHEREAS, the Oshkosh Area MPO recommended the Omro Road reconstruction
project for the 2018 – 2022 round of STP-U funding, with construction planned for 2021;
and
NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of
Oshkosh that an Intergovernmental Agreement between the City of Oshkosh and the
Town of Algoma outlining the responsibilities for the City and the Town of Algoma as
they relate to the cost sharing of the local match for the reconstruction of Omro Road
under the STP-U program is hereby approved. The proper City officials are hereby
authorized to execute and deliver the agreement in substantially the same form as
attached hereto, any changes in the execution copy being deemed approved by their
respective signatures, and said City officials are authorized and directed to take those
steps necessary to implement the terms and conditions of the Agreement.
Money for this purpose is hereby appropriated from:
Acct. No. 03210410-6801-04101 Contract Control-Paving-21-01
Omro Rd Reconst
03210410-6806-04101 Contract Control-Sidewalk-21-01
Omro Rd Reconst
(CARRIED__7-0______LOST________LAID OVER________WITHDRAWN________)
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TO: Honorable Mayor and Members of the Common Council
FROM: James Rabe, Director of Public Works
DATE: February 4, 2021
RE: Approve Intergovernmental Agreement with the Town of Algoma for
Reconstruction of Omro Road
BACKGROUND
The Surface Transportation Program – Urban (STP-U) allocates federal funds to complete
a variety of improvements to federal aid eligible roadways in urban areas. The objective
of the program is to improve the quality of roadways that are federal aid eligible within
the urban areas. Communities are eligible for funding on roadways that are functionally
classified as a collector or higher. Funding is allocated to urban area Metropolitan
Planning Organizations (MPO’s). The MPO’s then have the responsibility t o recommend
roadways projects for program funding. The Oshkosh Area MPO includes the following
entities: City of Oshkosh, Winnebago County, Town of Algoma, Town of Black Wolf,
Town of Nekimi, Town of Oshkosh, and Town of Vinland.
ANALYSIS
The Oshkosh Area MPO had recommended the Omro Road Project for the 2018 – 2022
round of STP-U funding, with construction planned for 2021.
Approximately 8.9% of the Project frontage is located with the City of Oshkosh. The
“local share” of the street reconstruction project will be shared 90 -10 between the Town
of Algoma and the City of Oshkosh, with the exception of any necessary right -of-way
acquisition, which will be the responsibility of the Town of Algoma.
£ _'A· gr Oshkosh
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FISCAL IMPACT
The fiscal impact of this agreement is expected not to exceed $2,822,929. The City’s share
of street costs is $282,292.90. Funds for the City of Oshkosh portion of the street
reconstruction project is budgeted for in the Street and Sidewalk sections of the 2021
Capital Improvement Program (Account #03210410-6801-04101/Contract Control-
Paving-21-01 Omro Rd Reconst and #03210410-6806-04101/Contract Control-Sidewalk-
21-01 Omro Rd Reconst).
RECOMMENDATIONS
Staff recommends approval of the intergovernmental agreement with the Town of
Algoma for the reconstruction of Omro Road.
Approved,
Mark A. Rohloff
City Manager
JER/tlt
Final Draft: January 19, 2021 Page 1 of 3
INTERGOVERNMENTAL AGREEMENT BETWEEN
THE TOWN OF ALGOMA AND THE CITY OF OSHKOSH
REGARDING OMRO ROAD
Intergovernmental Agreement (“Agreement”) between the Town of Algoma, Wisconsin, a Wisconsin
town (“Town”) and the City of Oshkosh, Wisconsin, a Wisconsin municipality (“City”).
RECITALS
A. The Town and the City each have real estate with frontage along Omro Road, between Leonard
Point Road and Brooks Lane in Sections 16 and 17, T18N, R16E, Winnebago County, Wisconsin
(“Road”).
B. The Wisconsin Department of Transportation (“WisDOT”) provides funding through the
Surface Transportation Urban Program (“STP-U”). The Oshkosh Area Metropolitan Planning
Organization (MPO) reviews projects and makes recommendations for projects to improve
transportation on Wisconsin’s federal-aid-eligible roads and streets in urban areas. The STP-U
provides funding for roads functionally classified as urban “collector” or higher. The Town is a
part of the Oshkosh Area MPO Urbanized Area and is eligible for funding under the STP-U
Program. As set forth in the State/Municipal Agreement between WisDOT and the Town
attached hereto as Exhibit A, the program provides up to fifty percent (50%) reimbursement of
participating costs, with the Town providing the remainder of the funding (the “Local Share”).
The Local Share includes the Town’s portion of the participating costs as well as one hundred
percent (100%) of those costs listed in Paragraph 7(a-k) of the SMA that are the responsibility of
the Town.
C. For the Road, approximately 8.9 percent of the project frontage is located within the City.
D. The Town and City are willing to participate in the major repair of this street since funding has
been secured through the STP-U Program.
E. The Town and the City are entering into this Agreement pursuant to Wis. Stat., § 66.0301. This
Agreement is intended to be binding upon future Town Boards and City Common Councils in
accordance with its terms.
In consideration of the above recitals, and other good and valuable consideration mutually
acknowledged by the parties, it is agreed as follows:
1. WisDOT Agreement: The Town has executed the State/Municipal Agreement (SMA).
2. Construction Contract: WisDOT shall advertise for bids in accordance with the requirements of
the STP-U Program and the executed SMA. WisDOT shall enter into a contract with the
winning Contractors and make payments to the Contractors in accordance with the contract.
WisDOT shall invoice the Town for construction costs. The Town will invoice the City for their
Final Draft: January 19, 2021 Page 2 of 3
share of the costs. WisDOT shall be in charge of construction and will be handling any change
orders and all project records.
3. Participation Levels: The Town shall provide 90% of the Local Share as required by the SMA.
The City shall provide 10% of the Local Share. The Town shall invoice the City for its portion of
the Local Share upon receipt of invoices from WisDOT. The City will pay the invoice within
thirty days of receipt. The Town and City will review the final project costs at contract closeout.
Any payments due at contract closeout shall be invoiced and paid within thirty days of invoice.
4. Project Record Keeping: WisDOT shall keep all records as required by the STP-U Program and
the executed SMA. The City shall have the right to inspect the project records. Town and City
agree that any inspection will be scheduled during normal business hours of M-F 8:00 a.m. to
4:30 p.m.
5. Special Assessments: The Town and the City reserve all rights to specially assess the benefitting
properties pursuant to Wis. Stat., § 66.0703, together with such other statutory authority as may
be permitted by any provision of the Wisconsin Statutes.
6. Other Agreements: Unless specifically modified by the Agreement, the Town and the City
acknowledge that nothing herein is intended to amend, modify or supersede other
intergovernmental agreements previously executed by the parties.
7. Binding Effect: This Agreement shall bind and accrue to the benefit of the parties and their
successors. This Agreement is for the exclusive benefit of the parties and shall not be deemed to
give any legal or equitable right, remedy, or claim to any other person or entity.
8. Authority: Each party represents that it has the authority to enter into this Agreement and that
all necessary procedures have been followed to authorize this Agreement. Further, each person
signing this Agreement represents and warrants that he or she has been authorized to do so by
their respective principals.
9. Dispute Resolution: Disputes relating to the interpretation or the enforcement of this
Agreement shall be resolved through the Alternative Dispute Resolution procedures
administered by the State of Wisconsin – Department of Administration, Division of
Intergovernmental Relations – Municipal Boundary Review office, unless such other dispute
resolution administration agency is mutually agreed upon by the parties.
Miscellaneous: This Agreement shall be liberally construed to accomplish its intended
purposes. The parties acknowledge that the language contained in this Agreement is the
product of various individuals representing various interests. Therefore, ambiguities shall not
be construed against the drafter of this document. This Agreement may be executed in one or
more counterparts, each of which shall constitutes an original. Facsimile, or other electronic
forms of signatures shall be deemed the same as original signatures.
This Agreement shall take effect upon the last date of execution below, and shall expire two years from
the date of Substantial Completion of this project that has received STP-U funding.
Final Draft: January 19, 2021 Page 3 of 3
TOWN OF ALGOMA
By: Date:
Joel Rasmussen, Town Chairperson
Attest: Date:
Deborah Stark, Town Clerk
CITY OF OSHKOSH
By: Date:
City Manager
By: Date:
City Clerk
By: Date:
Finance Director
By: Date:
City Attorney
1st REVISION Revised Date: JANUARY 30, 2019 -�· STATE/MUNICIPAL AGREEMENT Date: APRIL 27, 2017 8 % FOR A STATE- LET URBANIZED 1.D.: 6436-00-00 2 E AREA STP.URBAN PROJECT # Road Name: OMRO ROAD oi" This agreement supersedes the Limits: LEONARD POINT RD - BROOKS LANE agreement signed by the Municipality on May 9, 2017 and signed by State on May County: WINNEBAGO 16, 2017. Roadway Length: 1.8 MILES RECEIVED Program Name: STP-URBAN Functional Classification: COTON Ol&RK'S OFFIC Population Group: 50,000 -- 200,000 Project Sponsor. TOWN ALG0Mg 15 2019 Sub-program #: 206 Urbanized Area: OSHKOSH MPO .... .. GO COUNTY The signatory, Town of Algoma, hereinafter called the Municipality, through its undersigned duly authorized officers or officials, hereby requests the State of Wisconsin Department of Transportation, hereinafter called the State, to initiate and effect the highway or street improvement hereinafter described. The authority for the Municipality to enter into this agreement with the State is provided by Sections 86.25(1 ), (2), and (3) and Section 66.0301 of the Statutes. NEEDS AND ESTIMATE SUMMARY: All components of the project must be defined in the environmental document if any portion of the project is federally funded. The Municipality agrees to complete all participating and any non-participating work included in this improvement consistent with the environmental document. No work on final engineering and design may occur prior to approval of the environmental document. Existing Facility - Describe and give reason for request: The last improvements for this section of Omro Road was an asphaltic overlay in 2001. The road consists of a rural cross section with 2 lanes of asphalt pavement and 6' wide shoulders. The pavement has a rating of 4 and has transverse and longitudinal cracking with slight raveling and rutting. There are no existing sidewalks. Existing structure B-70.-0100 is within the project limits. Proposed Improvement - Nature of work: The proposed improvement is a roadway reconstruction to an urban cross section. The proposed cross section will be 36 feet face of curb to face of curb. There will be on pavement bicycle accommodations. 5' sidewalk will be constructed on each side of the roadway. Structure B-70-0100 will be extended to accommodate the proposed roadway width. Beam guard and lighting are anticipated. There will be moderate grading and strip right of way and temporary limited easements are anticipated. Describe non-participating work included in the project and other work necessary to completely finish the project that will be undertaken independently by the Municipality. Please note that non-participating components of a project/contract are considered part of the overall project and will be subject to applicable federal requirements: Sanitary sewer and watermain. The Municipality agrees to the following 2018-2022 Urbanized Area project funding conditions: Project construction costs are funded with up to 50% federal/state/earmark funding up to a funding limit of $2,510,072. The Municipality agrees to provide the remaining 50% and any funds in excess of the $2,510,072 federal/state funding limit. Design costs are funded 100% bv the Municipality. Non-participatina costs are N:\spo\programming\SMA\Winnebago Page 1 of 7 ID 6436-00-00/71-- NE Region
100% the responsibility of the Municipality. Any work performed by the Municipality prior to federal authorization is not eligible for federal funding. The Municipality will be notified by the State that the project is authorized and available for charging. This project is currently scheduled in State Fiscal Year 2021. In accordance with the State's sunset policy for STP-Urban projects, the subject 2018-2022 STP-Urban improvement must be constructed and in final acceptance within six years from the start of State Fiscal Year 2019, or by June 30, 2024. Extensions may be available upon approval of a written request by or on behalf of the Municipality to State. The written request shall explain the reasons for project implementation delay and revised timeline for project completion. The dollar amounts shown in the Summary of Costs Table below are estimates. The final Municipal share is dependent on the final federal participation, and actual costs will be used in the final division of cost for billing and reimbursement. In no event shall federal or State funding exceed the estimate of $2,510,072 in the Summary of Costs Table, unless such increase is approved in writing by the State through the State's Change Management Policy prior to the Municipality incurring the increased costs. SUMMARY OF COSTS Federal Municipal PHASE Total Est. Cost Funds % Funds % ID 6436-00-00 Design $94,000 $0 0% $94,000 100% State Review $94,000 $0 0% $94,000 100% ID 6436-00-71 Participating Construction $4,760,000 $2,387,204 50% $2,372,796 50%+ BAL Non-Participating Construction $140,000 $0 0% $140,000 100% State Review $245,000 $122,868 50% $122,133 50% + BAL Total Est. Cost Distribution $5,333,000 $2,510,072 NIA $2,822,929 N/A Construction ID# 6436-00-71 federal funding is limited to $2,510,072. This request is subject to the terms and conditions that follow (pages 3-7) and is made by the undersigned under proper authority to make such request for the designated Municipality and upon signature by the State and delivery to the Municipality shall constitute agreement between the Municipality and the State. No term or provision of neither the State/Municipal Agreement nor any of its attachments may be changed, waived or terminated orally but only by an instrument in writing executed by both parties to the State/Municipal Agreement. Date o2-25-2o19 Tiu% 'To lprnsrRnr% Name Signatures certify the content has not been altered by the municipality. Signed for and in behalf of: Town of Algoma (please sign in blue ink.) � Date 3 0 D 6436-00-00/71 - NE Region 7%annll Page 2 of7 N:\spo\programming\SMA\Winnebago sane tor and in beha of te9a" Name 5 7./me de
GENERAL TERMS AND CONDITIONS: 1. All projects must be in an approved Transportation Improvement Program (TIP) or State Transportation Improvement Program (STIP) prior to requesting authorization. 2. Work prior to federal authorization is ineligible for federal funding. 3. The Municipality, throughout the entire project, commits to comply with and promote all applicable federal and state laws and regulations that include, but are not limited to, the following: a. Environmental requirements, including but not limited to those set forth in the 23 U.S.C. 139 and National Environmental Policy Act (42 U.S.C. 4321 et seq.) b. Equal protection guaranteed under the U.S. Constitution, WI Constitution, Title VI of the Civil Rights Act and Wis. Stat. 16.765. The municipality agrees to comply with and promote applicable Federal and State laws, Executive Orders, regulations, and implementing requirements intended to provide for the fair and equitable treatment of individuals and the fair and equitable delivery of services to the public. In addition the Municipality agrees not to engage in any illegal discrimination in violation of applicable Federal or State laws and regulations. This includes but is not limited to Title VI of the Civil Rights Act of 1964 which provides that "no person in the United States shall, on the ground of race, color, or national origin, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity receiving Federal financial assistance." The Municipality agrees that public funds, which are collected in a nondiscriminatory manner, should not be used in ways that subsidize, promote, or perpetuate illegal discrimination based on prohibited factors such as race, color, national origin, sex, age, physical or mental disability, sexual orientation, or retaliation. c. Prevailing wage requirements, including but not limited to 23 US.C 113. d. Buy America Provision and its equivalent state statutes, set forth in 23 U.S.C. 313 and Wis. Stat. 16.754. e. Competitive bidding requirements set forth in 23 U.S.C 112 and Wis. Stat. 84.06. f. All applicable Disadvantaged Business Enterprise (DBE) requirements that the State specifies. g. Federal statutes that govern the Surface Transportation Program {STP), including but not limited to 23 U.S.C. 133. h. General requirements for administering federal and state aid set forth in Wis. Stat. 84.03. STATE RESPONSIBILITIES AND REQUIREMENTS: 4. Funding of each project phase is subject to inclusion in Wisconsin's approved 2018-2022 Urbanized Area STP-Urban program. Federal funding will be limited to participation in the costs of the following items, as applicable to the project: a. The grading, base, pavement, and curb and gutter, sidewalk, and replacement of disturbed driveways in kind. b. The substructure, superstructure, grading, base, pavement, and other related bridge and approach items. c. Storm sewer mains necessary for the surface water drainage. d. Catch basins and inlets for surface water drainage of the improvement, with connections to the storm sewer main. e. Construction engineering incident to inspection and supervision of actual construction work (except for inspection, staking, and testing of sanitary sewer and water main). N:\spo\programming\SMA\Winnebago Page 3 of 7 ID 6436-00-00/71 -- NE Region
f. Signing and pavement marking. g. New installations or alteration of street lighting and traffic signals or devices. h. Landscaping. i. Management consultant and state review services for construction. 5. The work will be administered by the State and may include items not eligible for federal participation. 6. As the work progresses, the State will bill the Municipality for work completed which is not chargeable to federal funds. Upon completion of the project, a final audit will be made to determine the final division of costs subject to project funding limits in the Summary of Costs Table. If reviews or audits show any of the work to be ineligible for federal funding, the Municipality will be responsible for any withdrawn costs associated with the ineligible work. MUNICIPAL RESPONSIBILITIES AND REQUIREMENTS: 7. Work necessary to complete the 2018-2022 Urbanized Area STP-Urban improvement project to be financed entirely by the Municipality or other utility or facility owner includes the items listed below. a. New installations of or alteration of sanitary sewers and connections, water, gas, electric, telephone, telegraph, fire or police alarm facilities, parking meters, and similar utilities. b. Damages to abutting property after project completion due to change in street or sidewalk widths, grades or drainage. c. Detour routes and haul roads. The municipality is responsible for determining the detour route. d. Conditioning, if required and maintenance of detour routes. e. Repair of damages to roads or streets caused by reason of their use in hauling materials incident to the improvement. f. All work related to underground storage tanks and contaminated soils. g. Street and bridge width in excess of standards, in accordance with the current WisDOT Facilities Development Manual. h. Real estate for the improvement i. Preliminary engineering and design. j. Management consultant and state review services for design. k. Other 100% Municipality funded items: sanitary sewer and watermain construction. 8. The construction of the subject improvement will be in accordance with the appropriate standards unless an exception to standards is granted by State prior to construction. The entire cost of the construction project, not constructed to standards, will be the responsibility of the Municipality unless such exception is granted. 9. Work to be performed by the Municipality without federal funding participation necessary to ensure a complete improvement acceptable to the Federal Highway Administration andlor the State may be done in a manner at the election of the Municipality but must be coordinated with all other work undertaken during construction. N:\spo\programming\SMA\Winnebago Page 4 of 7 ID 6436-00-00/71 -- NE Region
10. The Municipality is responsible for financing administrative expenses related to Municipal project responsibilities. 11. The Municipality will include in all contracts executed by them a provision obligating the contractor not to discriminate against any employee or applicant for employment because of age, race, religion, color, handicap, sex, physical condition, developmental disability as defined in Wis. Stat.51.01 (5), sexual orientation as defined in Wis. Stat. 111.32 (13m), or national origin. 12. The Municipality will pay to the State all costs incurred by the State in connection with the improvement that exceed federal financing commitments or are ineligible for federal financing. To guarantee the Municipality's foregoing agreements to pay the State, the Municipality, through its above duly authorized officers or officials, agrees and authorizes the State to set off and withhold the required reimbursement amount as determined by the State from any moneys otherwise due and payable by the State to the Municipality. 13. In accordance with the State's sunset policy for Urbanized Area STP-Urban projects, the subject 2018-2022 Urbanized Area STP-Urban improvement must be constructed and in final acceptance within six years from the start of State Fiscal Year 2019, or by June 30, 2024. Extensions may be available upon approval of a written request by or on behalf of the Municipality to State. The written request shall explain the reasons for project implementation delay and revised timeline for project completion. 14. If the Municipality should withdraw the project, it will reimburse the State for any costs incurred by the State on behalf of the project. 15. The Municipality will at its own cost and expense: a. Maintain all portions of the project that lie within its jurisdiction (to include, but not limited to, cleaning storm sewers, removing debris from sumps or inlets, and regular maintenance of the catch basins, curb and gutter, sidewalks and parking lanes [including snow and ice removal]) for such maintenance through statutory requirements in a manner satisfactory to the State, and will make ample provision for such maintenance each year. b. Regulate [or prohibit] parking at all times in the vicinity of the proposed improvements during construction. c. Regulate [or prohibit] all parking at locations where and when the pavement area usually occupied by parked vehicles will be needed to carry active traffic in the street. d. Assume general responsibility for all public information and public relations for the project and to make fitting announcement to the press and such outlets as would generally alert the affected property owners and the community of the nature, extent, and timing of the project and arrangements for handling traffic within and around the project. e. Provide complete plans, specifications, and estimates to State upon request. f. Provide relocation orders and real estate plats to State upon request. g. Use the WsDOT Utility Accommodation Policy unless it adopts a policy, which has equal or more restrictive controls. h. Provide maintenance and energy for lighting. i. Provide proper care and maintenance of all landscaping elements of the project including replacement of any plant materials damaged by disease, drought, vandalism or other cause. 16. It is further agreed by the Municipality that: a. The Municipality assumes full responsibility for the design, installation, testing and operation of any sanitary sewer and water main infrastructure within the improvement project and relieves the state N:\spo\programming\SMA\Winnebago Page 5 of 7 ID 6436-00-00/71 -- NE Region
and all of its employees from liability for all suits, actions, or claims resulting from the sanitary sewer and water main construction under this agreement. b. The Municipality assumes full responsibility for the plans and special provisions provided by their designer or anyone hired, contracted or otherwise engaged by the Municipality. The Municipality is responsible for any expense or cost resulting from any error or omission in such plans or special provisions. The Municipality will reimburse State if State incurs any cost or expense in order to correct or otherwise remedy such error or omission or consequences of such error or omission. c. The Municipality will be 100% responsible for all costs associated with utility issues involving the contractor, including costs related to utility delays. d. All signs and traffic control devices and other protective structures erected on or in connection with the project including such of these as are installed at the sole cost and expense of the Municipality or by others, will be in conformity with such Manual of Uniform Traffic Control Devices as may be adopted by the American Association of State Highway and Transportation Officials, approved by the State, and concurred with by the Federal Highway Administration. e. The right-of-way available or provided for the project will be held and maintained inviolate for public highway or street purposes. Those signs prohibited under federal aid highway regulations, posters, billboards, roadside stands, or other private installations prohibited by Federal or State highway regulations will not be permitted within the right-of-way limits of the project. The Municipality, within its jurisdictional limits, will remove or cause to be removed from the right-of-way of the project all private installations of whatever nature which may be or cause an obstruction or interfere with the free flow of traffic, or which may be or cause a hazard to traffic, or which impair the usefulness of the project and all other encroachments which may be required to be removed by the State at its own election or at the request of the Federal Highway Administration, and that no such installations will be permitted to be erected or maintained in the future. f. The Municipality is responsible for any damage caused by legally hauled loads, including permitted oversize and overweight loads. The contractor is responsible for any damage caused to haul roads if they do not obey size and weight laws, use properly equipped and maintained vehicles, and do not prevent spilling of materials onto the haul road (WisDOT Standard Specifications 618.1, 108. 7, 107.8). The local maintaining authority can impose special or seasonal weight limitations as defined in Wis. Stat, 349.16, but this should not be used for the sole purpose of preventing hauling on the road. The bid item 618.0100 Maintenance and Repair of Haul Roads (project) is ineligible for federal funding on local program projects as per the State/Municipal Agreement. The repair of damages as a result of hauling materials for the project is the responsibility of the Municipality as specified in the State/Municipal Agreement Terms and Conditions under Municipal Responsibilities and Requirements. LEGAL RELATIONSHIPS: 17. The State shall not be liable to the Municipality for damages or delays resulting from work by third parties. The State also shall be exempt from liability to the Municipality for damages or delays resulting from injunctions or other restraining orders obtained by third parties. 18. The State will not be liable to any third party for injuries or damages resulting from work under or for the Project. The Municipality and the Municipality's surety shall indemnify and save harmless the State, its officers and employees, from all suits, actions or claims of any character brought because of any injuries or damages received or sustained by any person, persons or property on account of the operations of the Municipality and its sureties; or on account of or in consequence of any neglect in safeguarding the work; or because of any act or omission, neglect or misconduct of the Municipality or its sureties; or because of any claims or amounts recovered for any infringement by the Municipality and its sureties of patent, trademark or copyright; or from any claims or amounts arising or recovered under the Worker's Compensation Act, relating to the employees of the Municipality and its sureties; or any other law, ordinance, order or decree relating to the Municipality's operations. N:\spo\programming\SMA\Winnebago Page6 of? ID 6436-00-00/71 -- NE Region
19. Contract modification: This State/Municipal Agreement can only modified by written instruments duly executed by both parties. No term or provision of either this State/Municipal Agreement or any of its attachments may be changed, waived or terminated orally. 20. Binding effects: All terms of this State/Municipal Agreement shall be binding upon and inure to the benefits of the legal representatives, successors and executors. No rights under this State/Municipal Agreement may be transferred to a third party. This State/Municipal Agreement creates no third-party enforcement rights. 21. Choice of law and forum: This State/Municipal Agreement shall be interpreted and enforced in accordance with the laws of the State of Wisconsin. The Parties hereby expressly agree that the terms contained herein and in any deed executed pursuant to this State/Municipal Agreement are enforceable by an action in the Circuit Court of Dane County, Wisconsin. PROJECT FUNDING CONDITIONS 22. Non-appropriation of funds: With respect to any payment required to be made by the State under this State/Municipal Agreement, the parties acknowledge the State's authority to make such payment is contingent upon appropriation of funds and required legislative approval sufficient for such purpose by the Legislature. If such funds are not so appropriated, either the Municipality or the State may terminate this State/Municipal Agreement after providing written notice not less than thirty (30) days before termination. 23. Maintenance of Records: During the term of performance of this State/Municipal Agreement, and for a period not less than three years from the date of final payment to the Municipality, records and accounts pertaining to the performance of this State/Municipal Agreement are to be kept available for inspection and audit by representatives of the Department. The Department reserves the right to audit and inspect such records and accounts at any time. The Municipality shall provide appropriate accommodations for such audit and inspection. In the event that any litigation, claim or audit is initiated prior to the expiration of said records maintenance period, the records shall be retained until such litigation, claim or audit involving the records is complete. 24. The Municipality agrees to the following 2018-2022 Urbanized Area STP-Urban project funding conditions: a, ID 6436-00-00: Design is funded 100% by the Municipality. This phase includes plan development, management consultant review, and state review. The work includes project review, approval of required reports and documents and processing the final Plan, Specification & Estimate (PS&E) document for award of the contract. Costs for this phase include an estimated amount for state review activities to be funded 100% by the Municipality. b. 1ID 6436-00-71: Construction: i. Costs for construction are funded with 50% federal/earmark funding when the municipality agrees to provide the remaining 50%. ii. Non-participating costs for sanitary sewer and watermain construction are funded 100% by the Municipality. Costs include construction delivery. iii. Costs for this phase include an estimated amount for state review activities, to be funded 50% with federal funding and 50% by the Municipality. [End of Document] N:lspo\programming\SMA\Winnebago Page 7 of? ID 6436-00-00/71 -- NE Region