HomeMy WebLinkAbout35304 / 89-579 April 6, 1989 k 579 RESOLUTION
(CARRIE� LOST LAID OVER WITHDRAWh )
PURPOSE: APPROVE REIMBURSEMENT AGREEMENT WITH TOWIJ OF
BLACK WOLF SANITARY DISTRICT #1
INITIATE� BY: CITY ADMINISTRATION
8E IT RESOLVED by the Common Council of the City of Oshkosh that
the attached agreement with the Town of Black Wolf Sanitary District ki is
approved and lhe proper City officials are authorized and directed to enter
into same.
Money for this purpose is appropriated from:
Acco�nt No. 339-982 -- SpeciaL Assessments - Sewers, and
Account No. 919-191 — Sewer �tility - Construction in Progress.
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REVISED Res. #579
REIMBURSEMENT AGREEMENT
BETWEEN THE
CITY OF OSHKOSH
AND THE
BLACK WOLF SANITAAY DISTAICT N0 . 1
WHEAEAS� the City of Oshkosh (CITY) and the Town ot Black Wolf
SanStary District No. 1 (DISTRICT) have previously entered into an
agreement whereby the City shall accept for treatment Lhe wastewater
and sanitary sewage generated within the District; and
WHEREAS� In order to accomDlish delivery of the uastewater to
the City's sanitary sewer system, it is necessary for the District to
construct the necessary transportatlon facilities withln the
District ; and
WHEREAS, the District has applied for and received a grant from
the State of WSSCOns1n which provides state reimbursement to the
Dlstrict in an amount equal to approximately Fifty-five percent
� 553 ) of Lhe cost of construction and related construction phase
services for the interceptor portion of the system; and
WHEREAS, because constructio❑ of the ❑ecessary transportation
Fac111ties , given the present corporate limits of the City , will
occur partially within City llmits , it is ❑ecessary to allocate
certain construction costs betwee❑ the City and the District takir.g
into consideration the State grant ;
NOW , THEREFOflE , the City and the District agree as follows :
1 . The City will reimburse to the District , upon presentation
of certified invoice , for the costs of constructing that portion of
the sanitary sewer which will lie within the City's corporate lic�its
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Res. #579
as follows: All costs associated with the deaign and constructlon
of the sanitary sewer, including engineering , construction, antl
inspection. From this amount due will be deducted any grant monies
received for the costs associated with the sanitary sewer that is
subject to thls agreement. (It Ss understood that Che grant awarded
to the Distrlet may be a reimbursement type award and the D1strlct
may not receive reimburaement for a period of time after completlon
of construction and payment of all associated costs. In that event ,
the City would be subject to costs of financing the grant funded
po�tion of the seuer up io tne time of the receipt of grant payments
by the District.)
2. In areas where the City is served on both sides of the
sewer, or the City is the only party being served by the sewer, the
City will reimburse the Distriet for 100$ of the costs as set forth
in Item 1 above .
3• In areas where the City is served on one side of the sewer
and the Diatrict is served on the other side of Lhe sewer, the costs
as set forth in Item 1 shall be split equally between the City and
the District whether the sewer is actually located in the City of
the District .
L'. Attached to and incorporated intc this Agreement is ExF.ibit
"A^ whleh is a detailed map of the ConstruCtlon proJect and which
shows areas outlined in red , where it is anticipated that grant
reimbursement shall apply and the City shall be responsible for the
non-grant funded cost of the pro,ject. Areas outllned lined in greer.
are anticipated to be elSgible for grant funding , but the non-grant
funded portion of the pro,{ect shall be shared equally by the City
and the District. Areas outlined in blue are not anticipated to be
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Res. k579
eligible for grant funding and the CiEy shall be responsible for the
full cost of the proJect. Areas outlined in yellow are not
anticipated to be eligible for grant funding and the City and the
Dlstrict shall share the pro3ect cost equally .
5• The District shall take bids by unit costs and shall award
contracts pursuant to the appropriate statutes. The allocation of
costs sub,�ect to Clty reimbursement share be 6ased on these unit
costs. The Distrlct shall be solely responsible for full payment of
all construction and related costs , subject only to reimbursement by
the City as outlined above .
6. The Dlstrict understands that the City , by entering into
this agreement� does not intend that the City Decomes 1❑ any uay
financially responsible to the Distrlet's contractors. The District
further agrees to protect and hold the CSty harmless against all
actions , claims and demands of any kind or character whSch may
result from the activities contemplated by this Agreement except
those claims which are attributed solely to the City's negligence.
The District recognizes that the City is a third party beneficiary
to the District ' s contracts contemplated by this Agreement .
7. The City anticipates that its share of the costs shall come
from its 1989 bond issue which Ss contemplated for tinal action by
the Oshkosh Common Council on April 20 � 1989 . �
8. All disputes which cannot be resolved by the parties
relating to the application or interpretatlo❑ of this Agreement
shall be submitted for binding arbitration under the usual rules and
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• RES. #579
procedures of the American Arbitratlon Association and any award
thereunder may be entered as a judgment in any court having
jurlsdiction .
Executed at Oshkosh , Wis . this _____ day of ____________, 1989 .
TOWN OF HLACK WOLF CITY OF OSHKOSH
SANITARY DISTAICT N0. 1
BY ' ____________
___________________________ William D . Frueh , City Manager
Chalrman
And : ____________________________
____________________________ Donna C . Serwas , City Clerk
Secretary
Approved :
_________________________________
City Attorney
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