CCR19930330 COMMON COUNCIL - CITY OF MUSKEG0
RESOLUTION #33-93
AUTHORIZATION FOR MAYOR TO EXECUTE STATE/MUNICIPAL AGREEMENT
FOR A TRANSPORTATION ECONOMIC ASSISTANCE (T.E.A.) GRANT
WHEREAS, Resolution #212-92 adopted August 25, 1992 authorized
Economic Assistance and Development (T.E.A.) Grant for
the City of Muskego to apply for Transportation Facilities
Enterprise Extension; and
WHEREAS, the Agreement has been received; and
WHEREAS, the Mayor and Plan Director have reviewed with the City
Attorney; and
WHEREAS, the following amendments to #4 and #8 in the General
Conditions have been recommended prior to signing:
#4. The Municipality will guarantee payment of 100% of
all costs incurred in connection with the improvement
which exceed State financing commitments under the TEA
Grant or are ineligible for State and/or Federal
financing; the Wisconsin Department of Transportation
(DOT) understands that the City is obtaining part of the
funds from other sources.
0 #8. If the Municipality should withdraw the project, after
such time as any contracts are let, it will
reimburse the State for any costs incurred by the State
in behalf of the project. The City has no obligation to
make any reimbursement to the State before any contracts
are let.
NOW, THEREFORE, BE IT RESOLVED that the Common Council of the
City of Muskego does hereby authorize the Mayor and City Clerk
to Execute Agreement for a Transportation Economic Assistance
(T.E.A.) Grant subject to the above amendments.
DATED THIS 9TH DAY OF FEBRUARY , 1993.
SPONSORED BY:
Wayne G. Salentine, Mayor
This is to certify that this is a true and accurate copy of
Resolution #R33-93 which was adopted by the Common Council of
the City of Muskego.
a 2/93jmb
STATE/MUNICIPAL AGREEMENT Date: 2/4/93
FOR A I.D.: 2779-04-70
.TRANSPORTATION ECONOMIC ASSISTANCE GRANT Description: MuskegofQMC Inc.
(T.E.A. GRANT) Waukesha County
City of Muskego
The State of Wisconsin, Department of Transportation, hereinafter called
the State, hereby delegates to the signatory City of Muskego hereinafter
called the Municipality, and to the Municipality's undersigned duly
authorized officers or officials, the responsibility for the facilities
development process for the street construction hereinafter described.
The authority for the State of Wisconsin to delegate this responsibility to
the Municipality is described in the proposed rule to create Chapter Trans.
510, Wisconsin Administrative Code, relating to the Transportation
Facilities Economic Assistance and Development Program. The authority is
described specifically in Trans. 510.09.2. The proposed rule, in a final
draft form, is operating under an emergency statues.
The following conditions will, however, be applied:
1. General Conditions
a.
b.
C.
d.
e.
Highway improvements must employ the services of a registered
professional engineer to be responsible for design and
construction engineering.
The applicant must assume all responsibility for complying with
all germane environmental requirements for a transportation
analysis was done and that all applicable environmental laws were
improvement of its type, and certify that the environmental
followed.
A design study report for highway and road improvements must be
submitted to the department for approval prior to preparing final
plans.
A copy of the plans and specifications for Charter T.E.A.
containing the engineer's seal as prepared for bidding purposes
must be provided to the department for approval prior to the start
of construction.
All contracts must be let to competitive bid with contracts
awarded to the "lowest responsible bidder". Applicant must submit
a certification of the date bids taken, listing all bidders and
bid amounts. A written explanations must accompany any
certification of the date bids taken, listing all bidders and bid
amounts. A written explanation must accompany any certification
where the contract is awarded to someone other than the low
bidder.
1
All real estate acquisition and required relocation of persons,
with existing state law. A written certification from the
families, businesses, or farms must be accomplished in accordance
applicant to this effect will be required after the real estate is
acquired.
In general, state payments will be made after the improvement is
On the more costly improvements, the Department will pay on the
complete and sufficient l'proof of cost" is sent to the department.
basis of actual costs, quarterly or monthly.
0 f.
9.
2. The initiation and accomplishment of the improvements will
to the applicable Federal and State regulations.
be subject
3. State highway fund financing will be limited to 50 percent
participation to a maximum of $47,500 under the TEA grant
construction costs of the following items:
(%I in the
a. The grading, base, pavement, and curb and gutter.
b. Catch basins and inlets for surface water drainage of the
improvement.
c. construction engineering incidental to inspection and supervision
of actual construction work.
d. Other: Portion of preliminary engineering, signage, stripping,
topsoil and seeding, as shown on the plans. 0
4. The Municipality will pay 100% of all costs incurred in connection
with the improvement which exceed State financing commitments under
the TEA Grant or are ineligible for State and/or Federal financing.
5. Work necessary to complete the improvement to be financed entirely by
the Municipality or other utility or facility owner includes the
following items:
a. New installation of or alternation 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 due to change in street or sidewalk
widths, grades or drainage.
c. Conditioning, if required and maintenance of detour routes.
d. Repair of damages to roads or streets caused by reason of their
use in hauling materials incident to the improvement.
6. The State will, at its cost:
a. Finance State expenses of purely an administrative nature.
2
8.
9.
10.
As the work progresses, the Municipality shall submit to the State
complete and sufficient "proof of costs", in order to receive
will be made to determine the final division of costs.
supplemental payments. Upon completion of the project, a final audit
If the Municipality should withdraw the project, it will reimburse the
State for any costs incurred by the State in behalf of the project.
The work eligible for State participation will be administered by the
Municipality and under its supervision. Such work may also include
items not eligible for State participation which are considered
necessary to complete the project.
Work to be performed by the Municipality without State highway fund
participation, necessary to insure a complete improvement acceptable
to the Federal Highway Administration and/or the State, may be done in
with all other work undertaken during construction. It is further
a manner at the election of thee Municipality but must be coordinated
agreed by the Municipality that:
a.
b.
C.
It will maintain, at its own cost and expense, all portions of the
project that lie within its jurisdiction for such maintenance
through statutory requirements, in a manner satisfactory to the
State or the Federal Highway Administration or both, or their
authorized representatives, and will make ample provision for such
maintenance each year.
It will keep records of cost of construction, inspection, tests,
and maintenance done by it to enable the State to review the
amount and nature of the expenditure for these purposes; that the
accounts and records of such expenditures, together with all
supporting document, will be kept open at all times to inspection
by authorized representative of the State; and that will furnish
copies thereof when requested.
Federal Single Audits of Local Government Units:
1.
2.
3.
The municipality shall have a single organization audit
performed by a qualified independent auditor if required to do
so under federal law and regulations. (See Federal Circular
No. A-128, Section 4.)
This audit shall be performed in accordance with federal
Budget (OMB) and state single audit guidelines issued by the
Circular A-128 issued by the Federal Office of Management and
Wisconsin Department of Administration (DOA).
The municipality will keep records of costs of construction,
inspection tests and maintenance done by it to enable the
State to review the amount and nature of the expenditure for
those purposes. Such accounting records and any other related
3
records shall be subject to an audit as directed by the
Department.
The municipality will remove or cause to be removed from the right
of way of the project all 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.
It will prohibit all on-street parking.
It will 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
handling traffic within and around the projects.
nature, extent, and timing of the project and arrangements for
and estimates.
It will provide complete plans, specifications, real estate plat
d.
e.
f.
9.
h.
i
j.
Funding of project phases is subject to inclusion in an approved
program. 0
Municipality agrees to comply with the criteria established in the
part of this overall Project Agreement.
District Jobs Guarantee, attached hereto as Attachment 1 made a
Transportation’s standard street width for this class of facility
Street width in excess of the Wisconsin Department of
shall be the responsibility of the Municipality.
These specific items are as defined in the State of Wisconsin
Department of Transportation‘s I’Standard Specifications for Road and
Bridge Construction”, 1989 edition.
4
JOB GUMUNTEE
WAYXE G. S.U.E.NTTL?E
hlAYOR
CITY OF MTSKEGO 53150-0903
Municipalitv Countv HiqhwavILimits
eity of Muskego Waukesha Local Street
Existinq Facilitv - Describe and give reason for request:
currently exist.
Lenqth
Road does not
ProDosed ImDrovement - Nature of Work: Design and construct a new public
road as an extension of an existing industrial park road.
The following is an estimate of the total project cost. The project may be
broken down into separate contracts or stages with the state contributing
up to 50% of the project. However, the total State participation cannot
exceed $47,000 (max). The balance is 100% funded by the City of Muskego.
PHASE ESTIMATED COST
Total TEA/
Esti. Cost State Funds - Municipal
% Funds - %
Preliminary Engineering:
Plan Development 10,000 5,000 50 5,000 50
6;s:r;ction:
Participating Road 74,000 37,000 50 37,000 50
11,000 5,500 50 5,500 50
Total Cost Distribution 95,000 47,500 47,500
This agreement is made by the undersigned under proper authority to make such
agreements for the above designated Municipality as evidenced by the attached
resolution, and upon acceptance by the State shall constitute agreement between
the Municipality and the State.
signed for and in behalf of the City of Muskego.
Title Date
0 5