HomeMy WebLinkAboutIntergovernmental Agreement Town of Algoma and City of Oshkosh - Regarding Omro Road 1 3 GIs4
DocuSign Envelope ID:IC774C27-AADB-42A5-96BD-0CC777653E90 �-
RECEIVED
INTERGOVERNMENTAL AGREEMENT BETWEEN MAR 1 1 2021
THE TOWN OF ALGOMA AND THE CITY OF OSHKOSH
REGARDING OMRO ROAD DEFT OF pU$LIC WOEIT►S
OSIpS SCONS
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 1 of 3
DocuSign,Envelope ID: 1C774C27-AADB-42A5-96BD-0CC777653E90
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 2 of 3
DocuSign Envelope ID: 1C774C27-AADB-42A5-96BD-0CC777653E90
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TOWN OF ALGOMA
By: Date: 03/09/2021
oe1 Rasmussen, Town Chairperson
Attest: /4 -4-j -- Date: 03/04/2021
Deborah Stark,Town Clerk
CITY OF OSHKOSH
By: 1DocuSigned by:
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City Manager
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City Clerk
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Finance Director
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City Attorney
Final Draft:January 19,2021 Page 3 of 3