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HomeMy WebLinkAbout10. 15-443OCTOBER 13, 2015 15-443 RESOLUTION (CARRIED___6-0___LOST________LAID OVER________WITHDRAWN________) PURPOSE: APPROVE INTERGOVERNMENTAL AGREEMENT BETWEEN WINNEBAGO COUNTY / WITTMAN REGIONAL AIRPORT & THE CITY OF OSHKOSH FOR INSTALLATION, MAINTENANCE & OPERATION OF A STORM SEWER INITIATED BY: DEPARTMENT OF PUBLIC WORKS BE IT RESOLVED by the Common Council of the City of Oshkosh that the Intergovernmental Agreement between Winnebago County for Wittman Regional Airport and the City of Oshkosh to permit the city to construct and maintain a storm sewer pipeline upon and beneath a portion of the northeast quadrant of the Airport is hereby approved and the proper City officials are hereby authorized to execute and deliver an appropriate 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. � O HKOlH oN THE wnTEa MEMORANDUM TO: Honorable Mayor and Members of the Co n Council FROM: James Rabe, Director of Public Works DATE: October 8, 2015 RE: Approve Intergovernmental Agreement between Winnebago County, for Wittman Regional Airport, and the City of Oshkosh for Installation, Maintenance, and Operation of a Storm Sewer BACKGROUND ANALYSIS The Glatz Creek Watershed has historically suffered severe flooding during moderate to severe rainfall events. 20th Avenue in the vicinity of Wittman Regional Airport has suffered significantly from these flooding events. In an effort to reduce the flooding in the Glatz Creek Watershed, the Department of Public Works contracted with McMahon Associates to perform a watershed-wide Storm Water Management Plan. Throughout the development of this plan, the Department of Public Works worked closely with major stakeholders, such as Wittman Regional Airport and Oshkosh Corporation. One recommendation of this study was the construction of a relief storm sewer to direct storm water to Lake Winnebago in a more efficient manner. The first phase of the relief storm sewer was constructed in 2013. Wittman Regional Airport, in conjunction with the Wisconsin Department of Transportation Bureau of Aeronautics, identified a taxiway relocation/reconstruction project for 2015-2017. The relocation of the taxiway provided a unique opportunity for Winnebago County and the City of Oshkosh to work together for the design and construction of the next phase of the Glatz Creek Relief Storm Sewer. Combining the design and construction of the projects into a single coordinated project provides for reduced overall cost to both entities. Wittman Regional Airport currently pays significant Storm Water Utility fees associated with the impervious surfaces present on the airport property. This agreement establishes an annual payment for allowing the City to route regional storm water through the airport property. The annual payment is a compromise of sorts, as the airport has sought Storm Water Utility fee exemptions for its runways, and the airport will also be foregoing lease revenue by granting this easement. This portion of the agreement functions materially the same as the City's agreements with the railroads for allowing utility crossings of railroad property. This agreement further defines mechanisms for each party to open the agreement for renegotiation. FISCAL IMPACT The 2013 Storm Sewer Section of the Capital Improvement Program (CIP) included $250,000 for the design of this section of the Glatz Creek Relief Storm Sewer. The 2014 Storm Sewer Section of the CIP included $2,500,000 for the construction of this section of the Glatz Creek Relief Storm Sewer. The construction within Wittman Regional Airport is being split into two phases in order to facilitate funding at the state and federal level. The second phase will be bid in 2016. The cost of construction, including engineering for this phase of the project, is $1,798,000. These costs break down as follows: Storm Sewer costs are $1,684,750; Sanitary Sewer costs are $23,860; and Water Main costs are $89,390. I:\Engineering�2015 CONTR.4CTS\15-10 Glatz Crk Relief Page 1 Of 2 Swr\Project_Information\Correspondence\Memo\15-10 Memo for Intergovernmental Agreement-Wittman Regional Airport_10�-15.docx Funding for this phase of construction is available in the Storm Sewer section of the CIP and in the Sanitary Sewer and Water Main sections of the CIP due to other projects coming in under budget. The costs for the annual payment portion of the agreement will be included in the Storm Water Utility Annual Operating Budget. The annual payment starts at $0.25 per square foot, which is less than the average of the lease rates charged by the airport. The initial annual cost for this easement is $38,700, with a 5% increase every five years. However, this payment will end once a permanent relief storm sewer is eventually installed along 20th Avenue, allowing for the removal of the storm sewer on the airport property. RECOMMENDATIONS I recommend approval of the intergovernmental agreement between Winnebago County, for Wittman Regional Airport, and the City of Oshkosh. Approved, , .,��-�: /7��� � Mark A. Rohloff City Manager J E R/tlt C\Engineering�2015 CONTRACTS\t5-10 Glatz Crk Relief Page 2 of 2 Swr\Project_Information\Correspondence\Memo\15-10 Memo for Intergovemmental Agreement-Wittman Regional Airport_10-8-15.docx INTERGOVERNMENTAL AGREEMENT BETWEEN WINNEBAGO COUNTY FOR WITTMAN REGIONAL AIRPORT AND CITY OF OSHKOSH This INTERGOVERNMENTAL AGREEMENT is made and entered into by and between Winnebago County as Owner of and the City RECITALS WHEREAS , the Winnebago County is the owner of Wittman Regional Airport, located partially within the City of Oshkosh; and WHEREAS , the Airport desires to permit the City to construct and maintain a storm sewer pipeline upon and beneath a portion of the northeast quadrant of the Airport, including manholes, surface grates, inlets or similar features at a location described on Exhibit A attached hereto and incorporated herein; and WHEREAS , sewer pipeline Glatz Creek Stormwater Management Plan as a city-funded project designed to reduce th flooding potential of 20 Avenue and businesses, hangars, and aircraft operational areas on th the Airport contiguous to 20 Avenue; and WHEREAS , it is in the best interest of the City and the Airport to prevent potential flooding events so as to protect Airport-owned, City-owned, and privately-owned property from damage and destruction; and WHEREAS , the City and Airport concurrently with this Agreement will enter into a easement allowing the installation, maintenance and operation of the storm sewer upon the Airport property; and WHEREAS , the installation and maintenance of a storm sewer pipeline on and under Airport property, and further pipeline with combined construction management will produce financial benefits to both City and Airport, and WHEREAS , Airport currently pays significant Storm Water fees associated with the impervious surfaces on the Airport property; and WHEREAS , the installation and maintenance by the City of a storm sewer pipeline on and under Airport property does not prohibit the Airport from applying for storm water credits from the City; and WHEREAS , City and Airport recognize that storm water needs and the structure of storm water fees may change over the term of this Agreement which may necessitate review of the Agreement from time to time. AGREEMENT NOW THEREFORE , in consideration of the foregoing, and subject to any conditions contained herein, Airport and City agree as follows: In consideration of Winnebago County as owner of Wittman Regional Airport granting to the City of Oshkosh a Conditional Limited Easement, the City of Oshkosh shall pay to Winnebago County a lump sum payment within 30 days upon the execution of this Agreement of Fifty Thousand Dollars ($50,000.00). In addition to this lump sum payment, each year for the next 50 years the City shall make an annual payment in the amount of $0.25 per square foot of the total square footage of the storm sewer pipeline easement (154,754 square feet). At each five-year anniversary of the commencement of this agreement, this fee shall increase five percent (5%). Payment shall be made on or before _____________________ each year. Each entity shall have the option to request renegotiation of the payment amount and/or terms of payment at each five (5) year anniversary of this Agreement. Requests shall be made in writing directed to the Director of the Airport or the City of Oshkosh Director of Public Works. The annual payment shall cease if Airport no longer pays storm water fees for airport runways or if the stormwater fee for the airport property is less than the annual payment as provided in this paragraph. The parties shall meet and renegotiate this payment if any portion of the airport property becomes exempt from storm water fees or the method of calculation of fees for the airport property is materially altered. The easement shall provide that the City of Oshkosh will be responsible for all maintenance on the storm water pipeline, except as damage may be caused by Airport, its employees, contractors, agents or assigns. The easement shall provide that City will provide reasonable notice to the Airport if it needs to access the Airport for maintenance of the pipeline, and will further coordinate with the Airport if it needs to work within runway or taxiway safety areas. If future airport development dictates the relocation of the storm sewer pipeline, the City will be responsible for the costs and work to relocate the pipeline to a location agreeable to both the City and the Airport. If such relocation is required, Airport and City will reopen this Agreement for the purpose of renegotiating the agreed upon payments to take into consideration these additional costs. Initial construction of the storm sewer pipeline will be completed as a part of the reconstruction and realignment of Taxiway B Project. OMNNI Associates has entered into an agreement with the State of Wisconsin Department of Transportation Bureau of sewer pipeline project ject. Vinton Construction Company will construct the project including the storm sewer pipe line. Winnebago County will enter into an intergovernmental agreement with the State of Wisconsin for this project to be completed in two phases. The City of Oshkosh will pay to Winnebago County one million seven hundred ninety-eight thousand dollars ($1,798,000.00) for Phase 1 of the storm sewer pipeline portion of this project within 30 days of the execution of this agreement. This payment is an estimated amount and the City will be billed any difference for the actual amount of the project costs if the projects costs are in excess of the $1,798,000.00. Winnebago County will refund to the City any amount less than the $1,798,000.00 if the actual project costs are less than this estimated amount. Any excess payment or refund shall be paid within 60 days of the calculation of the final payment amount. No City funds pipeline project. Notices: Any notices required by this Agreement shall be in writing and delivered via certified mail, return receipt requested, as follows. Changes to these addresses shall be in writing. In addition to formal notification, both parties agree to take reasonable measures to keep the other party informed of issues or questions regarding the Agreement. For: Winnebago County c/o Airport Director P.O. Box 2808 Oshkosh, WI 54901-2808 For: City of Oshkosh c/o Director of Public Works P.O. Box 1130 Oshkosh, WI 54903-1130 Termination: This Agreement may only be terminated by either or both party/parties under the following circumstances: i. By mutual agreement of the parties, at any time. ii. At the sole discretion of the City, if the storm water pipeline is abandoned, removed, or relocated to City right-of-way or other property. iii. At the sole discretion of the Airport, if the provisions of any existing or future agreements between Winnebago County and the United States or the State of Wisconsin relative to the operation of the airport require removal or relocation of the storm sewer outside of the Airport property or termination of this Agreement. iv. At the sole discretion of the Airport, if the City fails to perform any of the material obligations under the Agreement and such failure is not cured within a reasonable time after receipt of a written notice from the Airport. AUTHORITY: Airport affirms that all necessary boards and elected officials have approved the acceptance of this Agreement, and that the undersigned have the authority to sign this agreement on behalf of the Airport. City affirms that all necessary boards and elected officials have approved the acceptance of this Agreement, and that the undersigned have the authority to sign this agreement on behalf of the City. This agreement shall be subordinate to the provisions of any existing or future agreement between Winnebago County and the United States or the State of Wisconsin relative to the operation or maintenance of the airport, the execution of which has been or may be required as a condition precedent to the expenditure of federal or state funds for the development of the airport, Furthermore, this agreement may be amended to include provisions required by those agreements with the United State of the State of Wisconsin. SIGNATURE PAGE FOLLOWS: IN WITNESS WHEREOF the parties have caused this agreement to be executed by their proper officers thereunto duly authorized as of the day and year above written. Dated this ____ of ____________, 2015. WINNEBAGO COUNTY By: __________________________________ Mark L. Harris, County Executive By: __________________________________ Susan T. Ertmer, County Clerk Approved as to Form: By: __________________________________ John Bodnar, Corporation Counsel CITY OF OSHKOSH BY: _________________________________ Mark A. Rohloff, City Manager By: _________________________________ Pamela R. Ubrig, City Clerk By: _________________________________ Trena Larson, Finance Director Approved as to Form: By: __________________________________ Lynn A. Lorenson, City Attorney CONDITIONAL LIMITED EASEMENT - UTILITY Wisconsin Department of Transportation - Aeronautics Exempt from fee: s.77.25(12) Wis. Stats. BOA 6/27/2013 Ch. 114 Wis. Stats THIS EASEMENT, made by Winnebago County, Wisconsin, a municipal corporation on behalf of its Wittman Regional Airport, GRANTOR, conveys a conditional limited easement as described below to the City of Oshkosh, Wisconsin, a municipal corporation, GRANTEE, for the sum of Fifty Thousand and no/100 dollars ($50,000) and other good and valuable consideration for the purpose of installation of a storm sewer pipeline as part of its municipal storm water system. Specifically, Grantee will be installing an This space is reserved for recording data underground storm sewer main along with ancillary facilities and equipment, including manholes, surface grates, inlets City of Oshkosh or similar features on the surface and above ground. 215 Church Avenue P.O. Box 1130 Legal Description: Oshkosh, WI 54903-1130 A strip of land, 30 feet in width, being a part of the NE 1/4 of the NE 1/4 of Section 34 and part of the NW 1/4 of the Parcel Identification Number/Tax Key Number NE 1/4, the NE 1/4 of the NW 1/4, and the NW 1/4 of the 91323010000 & 91413530000 NW 1/4 of Section 35, Township 18 North, Range 16 East, City of Oshkosh, Winnebago County, Wisconsin, the centerline of said 30-foot wide strip being described as: Commencing at the Northeast corner of said Section 34; thence S00º 0 the NE 1/4 of said Section 34, 640.59 feet; thence N89º 50 Beginning of said easement centerline; thence S00º 56 3016.66 feet; 5 27 feet to the east line of the NW 1/4 of the NE 1/4 of said Section 35, said point also being on the west line of vacated Iowa Street, as shown on the South Side Auto Plat, said point also being the end of this easement centerline. THE CONDITIONS OF SAID EASEMENT OVER THE ABOVE DESCRIBED PARCEL ARE AS ARE ATTACHED HERETO AND MADE A PART HEREOF BY REFERENCE. THIS EASEMENT SHALL TERMINATE IF NO INTERGOVERNMENTAL AGREEMENT BETWEEN WINNEBAGO COUNTY FOR WITTMAN REGIONAL AIRPORT AND THE CITY OF OSHKOSH IS IN PLACE WHICH ALLOWS FOR THE INSTALLATION AND MAINTENANCE OF THE STORM SEWER. IF SAID EASMENT IS TERMINATED OR ABANDONED, THE STORM WATER INFRASTRUCTURE WILL BE REMOVED OR ABANDONED IN PLACE AND THE SITE RESTORED TO ITS PRE-EASEMENT CONDITION WITH THE CITY OF OSHKOSH RESPONSIBLE FOR THE ASSOCIATED COSTS AND WORK. SIGNATURE PAGE FOLLOWS Airport Wittman Regional Airport This instrument was drafted by Parcel No. n/a Project n/a Peter Moll, Winnebago County WI IN WITNESS WHEREOF, the parties hereto have caused these presents to be signed by their officers authorized to do so the day and year above written. Dated this ____ of ____________, 2015. WINNEBAGO COUNTY By: __________________________________ Mark L. Harris, County Executive By: __________________________________ Susan T. Ertmer, County Clerk Approved as to Form: By: __________________________________ John Bodnar, Corporation Counsel STATE OF WISCONSIN ) ) ss. WINNEBAGO COUNTY ) Personally came before me and acknowledged this ______ day of ______________, 2015, the above named Mark L. Harris, Susan T. Ertmer, and John Bodnar as representatives of Winnebago County, Wisconsin, to me known to be such persons who executed the foregoing instrument and acknowledged the same, for the purpose herein contained. _________________________________________ Notary Public, State of Wisconsin My Commission expires: _____________________ CITY OF OSHKOSH BY: _________________________________ Mark A. Rohloff, City Manager By: _________________________________ Pamela R. Ubrig, City Clerk Approved as to Form: By: __________________________________ Lynn A. Lorenson, City Attorney STATE OF WISCONSIN ) ) ss. WINNEBAGO COUNTY ) Personally came before me and acknowledged this ______ day of _______________, 2015, the above named Mark A. Rohloff, Pamela R. Ubrig and Lynn A. Lorenson as representatives of the City of Oshkosh, to me known to be such persons who executed the foregoing instrument and acknowledged the same, for the purpose herein contained. _________________________________________ Notary Public, Winnebago County, Wisconsin My Commission expires: _____________________ ADDENDUM A UTILITY EASEMENT CONDITIONS GRANTOR is the owner and operator of the Wittman Regional Airport, situated in the County of Winnebago, State of Wisconsin, and is obligated to meet standards established by the Federal Aviation Administration relating to airport safety and the protection of aircraft landing and taking off GRANTEE from said airport. In order to meet those standards, agrees to limit its easement rights on the easement areas hereinbefore referred to in the manner described below: 1. USE FOR STORM WATER DISTRIBUTION SYSTEM: Grantee intends to construct an underground storm sewer main along with above and below ground ancillary facilities as part of its storm water distribution system within the easement. Grantee shall have the right to access, survey, lay, construct, use, operate, maintain, repair, replace, relocate, and/or remove the storm sewer main and ancillary facilities. When such facilities are no longer necessary or operational in place by appropriate methods at that time. Grantee shall consult with Grantor regarding the methods and timing of removal or abandonment of the facilities. 2. MAINTENANCE: a. Grantee shall be responsible for maintaining its facilities, including the maintenance, repair, and replacement of such facilities, except where such maintenance, repair or replacement may be caused by Grantor, its agents, contractors or assigns. Initial of certain be completed by the contractor in After the initial construction and restoration, Grantee shall be responsible for repairing the surface of the easement property which is damaged by Grantproperty, or by Grant its facilities within the easement Property. b. Grantor shall be responsible for all ongoing maintenance and repairs of the property which are not caused by Grant limited to, grading, reseeding, and vegetation maintenance. Grantor shall be responsible for keeping the surface of the property clear of debris. Grantor shall notify Grantee and receive Grant or subsoil on the property. c. Granteeagrees not to bring any vehicle or other equipment into, nor conduct repairs, maintenance or other operations within the boundaries of the airport property, except at such times as may be designated for such purposes by the Grantor. The Grantorshall not unreasonably refuse to designate such times, and such times so designated shall be those reasonably related to the unobstructed taking off, landing and flight of the aircraft. Notwithstanding any other provision in this paragraph, however, the Granteemay upon , notification to the Grantor enter, bring any vehicle and equipment into and conduct repair, maintenance, and other operations within said easement area in the event of a break, leak or any other emergency situation arising with respect to said facility. Airport Operations: 3. Grantee expressly agrees for itself, its successors and assigns, to prevent any use of said easement lands which will interfere with or adversely affect the operation or maintenance of the airport. Aircraft Interference: 4. Grantee will not permit or suffer the use of said easement lands as to create any electrical or electronic interference with radio communications between any air navigational or aviation communications installation upon or in the vicinity of the airport property and aircraft, or as to make it difficult for an aircraft pilot to distinguish between airport lights and others, or as to otherwise impair an aircraft pilot's visual perception in the vicinity of the airport or as otherwise to endanger the landing, taking off, or maneuvering of aircraft in the vicinity of said airport property. Above Surface Objects: 4. Except for those surface structures installed as part of the initial construction of the storm water main project, Grantee agrees that so long as the underlying airport property is used for airport purposes, no poles, surface markers or surface structures of any kind shall be placed upon airport property, and the Grantee agrees to not replace or relocate any existing facilities within the easement area without the prior written approval of the Grantor, it being understood and agreed, however, that such approval shall not be unreasonably withheld. Equipment may not encroach into protected airspace except in emergencies. Relocation of Utilities: 5. Any improvements on said easement lands shall be constructed and maintained at no cost to the Grantor or the Federal Aviation Administration. Should the facility in said easement area require relocation or encasement, the same shall be done with no cost to the Grantor or the Federal Aviation Administration. New or replacement facilities shall not exceed the height of existing structures. Hold Harmless: 6. Grantee agrees to provide liability protection for its officers, employees and agents while acting within the scope of their employment. Subject to any limitations contained in Sec. 893.80 and any similar statute, of the Wisconsin Statutes, Grantee further agrees to hold Grantor harmless from any and all liability, including claims, demands, losses, costs, damages, and expenses of every kind and description (including death), or damages to person or property arising out of or in connection with or occurring during the course of this agreement where such liability is founded upon or grows out of the acts or omission of any of the officers, employees or agents of Grantor while acting within the scope of their employment. Municipal liability opportunity to rely upon the governmental limitations and immunities contained within Wisconsin law. Immunities and limitations include, but are not limited to, Sections 345.05, 893.80, and 893.83, Wisconsin Statutes. Such damage limits, caps and immunities are intended to be preserved and are incorporated into this agreement and shall govern all disputes, contractual or otherwise, as they apply to the governmental entities and its agents, officers, and employees. Agents or Grantee: 6. Grantor agrees that the Grantee may temporarily assign the construction and maintenance rights identified herein to any contractor, third party, or other person. Assignees must demonstrate to the Grantee that they have sufficient competence and must give adequate assurances that any work to be performed in or around the easement property shall easement property to the same extent as if the Grantee was itself performing the construction or maintenance. Authority: 7. Grantor affirms that all necessary boards and elected officials have approved the acceptance of this Easement, and that the undersigned have the authority to sign this easement on behalf of the Grantor. The Grantee affirms that all necessary boards and elected officials have approved the acceptance of this easement, and that the undersigned have the authority to sign this easement on behalf of the Grantee. Grant any additional easement or use of this easement property by third parties is granted. 8. It is understood and agreed that these covenants and agreements shall be binding upon the heirs, administrators, executors and assigns of the parties, that these covenants and agreements shall run with the land, and that for the purposes of this instrument, the real estate described in this easement and owned by the Grantor shall be the servient tenement, and the Grantee shall be dominant tenement.