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HomeMy WebLinkAboutIntergovernmental Agreement between Winnebago County and City of Oshkosh 14691 INTERGOVERNMENTAL AGREEMENT BETWEEN WINNEBAGO COUNTY AND CITY OF OSHKOSH 1. PARTIES: This Intergovernmental Agreement is made and entered into by and between Winnebago County and the City of Oshkosh. 2. PURPOSE: The County is undertaking at its expense some shoreline rehabilitation at the end of the Broad Street right-of-way. The City has future plans to construct a storm water outfall pipe in the same shoreline area that the County will be rehabilitating. The parties have agreed that it would be beneficial to both for the County's engineering consultant that is designing the shoreline rehabilitation to also review and incorporate the City's future outfall design plans into the County's shoreline plans. The County and City wish to make it clear that the additional amounts the County is billed by its engineering consultant for work related to the City's future outfall project will be reimbursed by the City. 3. LOCATION: The location of the shoreline rehabilitation project is at the end of and within the Broad Street public right-of-way at the shoreline of the Fox River. The County's shoreline rehabilitation project is adjacent to and nearby a boathouse that has been used by the County Sheriff's Department for Decades. Ownership of the boathouse was conveyed from the City to the County through a Bill of Sale signed on June 02, 2021. The area in the right-of-way underneath that boathouse was leased by the City to the County through a long term lease. The Lease allows the County to perform certain shoreline work necessary to protect and enhance the boathouse structure. 4. PROJECT: The City has consulted with both the County and the County's engineering consultant regarding the City's engineering and design needs. The County's consultant, MartinRiley, has provided a proposal that encompasses the City's project needs. The proposal is attached to this Agreement as Exhibit A. 5. PAYMENT: MartinRiley will bill the County for, among other costs, the amount identified in Exhibit A. The County will pay MartinRiley for these expenses. The City, in return, promises and agrees to promptly reimburse the County for the costs that it has paid MartinRiley that are related to the work described in Exhibit A that benefits the City. The MartinRiley costs to be reimbursed by the City will be strictly pass through costs, and there shall be no administrative, handling, or other fees or costs added to the reimbursement requests. Reimbursements to the County is expected within thirty (30) days after the City receives the reimbursement request. October 14, 2021 1 6. CHANGES: In the event changes are made to the work described in Exhibit A, the City similarly agrees to reimburse the County for those additional costs as long as the City has been notified of and approved those changes in writing,in advance. 7. FUTURE AGREEMENTS: This purpose of this intergovernmental agreement is solely related to design elements of the project and explicitly does not include reimbursement for any construction work. It is anticipated that after the project design is complete and the project is bid out, a second Intergovernmental Agreement will be entered into between the County and City related to reimbursement and other matters related to that phase of the overall project. 8. NOTICES: It is expected that both parties will work together in good faith during this project, with each promptly responding to informal questions or requests. Formal notices or requests are expected to be sent in writing either through hand delivery, or through USPS certified mail, return receipt requested, to the following addresses: a. For the County: Winnebago County c/o Director of Facilities 1221 Knapp Street Oshkosh,WI 54902 b. For the City City of Oshkosh c/o Director of Public Works PO Box 1130 Oshkosh, WI 54903-1130 9. TERMINATION: This Agreement may be terminated with or without cause by either party after thirty (30) day notice. However, costs incurred related to the City's part of the project that have been incurred by MartinRiley and/or the County through the date of termination shall be reimbursed by the City. 10. AUTHORITY: Both parties agree and acknowledge that all of the necessary boards, committees, and elected officials have approved and authorized this Agreement. SIGNATURE PAGE FOLLOWS October 14,2021 2 Dated: a VA / 9)1 ?O? ) CITY OF OSHKOSH: By: a--,(- 1- / Mark A. Rohloff, City Manager By: __ fluM Pamela R. Ubrig, City Clerk App7ved as to form: I Lynn A. orenson, torney WIN A O COUN By: I an oemel, County Executive By: 2,49 t Sue Ertmer, County Clerk Ap to for . Mary A r9 M lie , orl ounsel October 14, 2021 3 MARTINRILEY arohlt.ecto-engtnsars Approval of Additional Fee PROJECT: Winnebago County Sheriff's Boathouse MARTINRILEY PROJECT NUMBER: 021062 WINNEBAGO COUNTY: RFP#SH05-01 WINNEBAGO COUNTY PURCHASE ORDER: 20210405 REASON FOR AND DESCRIPTION OF ADDITIONAL FEE: Additional Design and Engineering Services of MartinRiley and its consultant, Larson Engineering to coordinate and incorporate into the boathouse bid documents the installation of the City of Oshkosh's planned storm sewer from the river to the first existing manhole (approximately 75-100 linear feet). New outfall for the City of Oshkosh is to be located directly east of the Winnebago County Sheriff's boathouse making its incorporation into the boathouse project necessary and desired by both the City of Oshkosh and Winnebago County. City to reimburse County for amount listed. SCOPE OF WORK MartinRiley through its consultant shall: • Coordinate with the City of Oshkosh the inclusion of the City's proposed new storm sewer outfall in the construction documents for the Sheriff's boathouse. • The City of Oshkosh is responsible for the design of the new outfall including: pipe sizing, invert elevation at the river, pipe slope, and all pertinent design calculations needed for permitting. • MartinRiley/Larson Engineering will discuss with the DNR the inclusion of the outfall in the permitting for the boathouse, if the DNR will allow the permit to include the outfall. ADDITIONAL FEE: Four thousand one hundred and forty and no hundredths ($4,140) I hereby approve the expenditure listed above as an additional reimbursable expense for this project. Mike Elder Date Director of Facilities a Property Management Winnebago County Z:12021 Projects1021062 Winnebago Co Sheriffs Boathouse\AIA Documents\Agreements\LARSON\SheriffsBoathouse- StormSewerOutfaU.doc 404 N. Main Street, Suite 601, Oshkosh, WI 54901 1920.267,3600 I www.martin-riley.com EXHIBIT A (1 of 1)