CCR1994044COMMON COUNCIL - CITY OF MUSKEG0
RESOLUTION #44-94
APPROVAL OF AGREEMENT WITH WIS. DOT FOR HIGHWAY L EXTENSION
MUSKEGO RECREATIONAL TRAIL PROJECT AND
AUTHORIZING THE EXPENDITURE OF PARK DEDICATION FUNDS
WHEREAS, the City of Muskego desires to extend the bicycle trail
located along Highway L near Lannon Drive and Parkland South
Drive; and
WHEREAS, the estimated cost of the project is $15,600; and
WHEREAS, federal and state funding is available through
the Statewide Transportation Enhancement Program administered by
the Wisconsin Department of Transportation which will pay for 50%
of the project; and
WHEREAS, the Parks & Recreation Board and Finance Committee have
Department of Transportation, and use of Park Dedication Funds
recommended approval of the Agreement with the Wisconsin
for the City's share, not to exceed $7,800.
NOW, THEREFORE, BE IT RESOLVED that the Common Council Of the
does hereby approve the attached Agreement with the Wisconsin
City of Muskego, upon the recommendation of Finance Commitee,
Department of Transportation to extend the Muskego Recreational
Trail on Highway L for the City to receive Enhancement Funds in
the amount of $7,800, which represent 50% of the estimated cost
of the project.
BE IT FURTHER RESOLVED that the use of Park Dedication Funds, not
to exceed $7,800, is hereby authorized.
BE IT FURTHER RESOLVED that the Mayor and Clerk are hereby
authorized to execute the necessary documents in the name of the
City.
DATED THIS 22ND DAY OF FEBRUARY , 1994.
SPONSORED BY:
FINANCE COMMITTEE
Ald. Patrick A. Patterson
Ald. Edwin P. Dumke
Ald. David 3. Sanders
This is to certify that this is a true and accurate copy of
Resolution #44-94 which was adopted by the Common Council of the
City of Muskego.
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Statewide Transportation Enhancement Program
Project Agreement Instructions
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1, Federal/State/Proiect Sponsor Agreement: ', \ \
0 This is the document that enables the authorization of expenditures of Federal
funds.
0 The chief executive or hislher designee must sign and date the agreement.
0 Accepted agreements will be signed by WisDOT and a fully executed and accepted
agreement will be returned to the Project Sponsor.
0 Agreements must be executed and returned to the appropriate Wisconsin
Department of Transportation (WisDOT) District Office no later than
February 28, 1994 or the project will lose approved status.
Terms and Conditions:
1.
2.
3.
4.
5.
6.
7.
8.
The initiation and accomplishment of the improvement will be subject to the
applicable State and Federal laws, rules, and regulations, as referenced in the "Public
Sponsor's Guide to the Statewide Transportation Enhancement Program."
The construction of the enhancement will be in accordance with the appropriate
standards unless an exception to standards is granted by the Federal Government or
WisDOT prior to construction. The entire cost of the construction project, not
constructed to standards, will be the responsibility of the project sponsor unless such
exception is granted.
The project sponsor will assume all responsibility for complying with germane
environmental requirements for the enhancement.
Where applicable, all contracts will be let by competitive bid and awarded to the
lowest responsible bidder.
The work eligible for Federal and State participation will be administered by the
Project Sponsor and/or WisDOT. The authority for the Federal Government and the
State to delegate this responsibility is described in ISTEA of 1991, P.L. 102-240.
The Project Sponsor will assume all responsibility for complying with the applicable
Disadvantaged Business Enterprise (DBE) goal assigned to this project. The DBE
goal is waived if the Project Sponsor constructs the project with its own permanent
staff and if the project is not subcontracted out.
The maximum participation of Federal financing will be limited to 50% of the actual
eligible project cost or the Total Cost Distribution of Enhancements Funds, as shown
on page 1 of this agreement, whichever is less.
The Project Sponsor will assume all responsibility for retaining a complete project file
that includes not only construction documentation but also copies of letting
documents, all local and WisDOT submittals and approvals contained in these
instructions and other pertinent documents to support project procurement,
development, implementation and cost and any other item required by 49 CFR part 18
and submitting such information, upon request, in order to receive reimbursement.
The Project Sponsor will keep all project records and have them available for
inspection by representatives of the Federal Government and WisDOT and will
furnish copies thereof when requested.
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9. Federal Single Audits of the Project Sponsor:
a) The Project Sponsor 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.)
b) This audit shall be performed in accordance with Federal Circular A-128
issued by the Federal Office of Management and Budget (OMB) and State
single audit guidelines issued by the Wisconsin Department of Administration
(DOA).
c) The Project Sponsor will keep records of costs of construction, inspection tests
and maintenance done by it to 'enable the federal government and the state to
review the amount and nature of the expenditure for those purposes. Such
accounting records and any other related records shall be subject to an audit as
directed by the Department within eight years.
10. State Disbursements:
a) Payment by WisDOT to the Project Sponsor shall be made on a quarterly basis
upon presentation of vouchers for expenditures incurred during prior quarterly
periods of the project duration subject to the allowable maximum payment, as
referenced above in Section 7.
b) A final adjustment of state payments will be made upon completion of
WisDOT's audit of the project. If WisDOT's audit establishes that WisDOT
paid more than its share of the eligible project costs, the Project sponsor shall
refund to WisDOT upon demand a sum equal to the overpayment.
11. The Project Sponsor will maintain, at its own costs and expense, all portions of the
project that lie within its jurisdiction.
12. In connection with the performance of work under this Project Agreement, the Project
Sponsor agrees not to discriminate against any employee or applicant for employment
because of age, race, religion, color, handicap, sex, physical condition;
developmental disability as define in S. 51.01(5), sexual orientation or national origin.
This provision shall include, but not be limited to, the follo'wing: employment,
upgrading, demotion or transfer, recruitment or recruitment advertising, layoff or
termination, rates of pay or other forms of compensation, and selection for training,
including apprenticeship. Except with respect to sexual orientation, the Project
Sponsor further agrees to take affirmative action to ensure equal employment
opportunities. The Project Sponsor agrees to post in conspicuous places, available for
employees and applicants for employment, notices to be provided by the employment
officer setting forth the provisions of the nondiscrimination clause.
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13.
14.
15.
The Project Sponsor shall protect, indemnify and hold harmless the State of
Wisconsin, WisDOT and all its officers, employees, and agents from and against any
and all suits, claims, demands, liability and expenses of whatever kind or nature
occurring in connection with or in any way incident to the Project Sponsor or its
operations or performance or lack of performance under this Project Agreement or in
any way connected with any acts or omissions of the Project Sponsor or its officers,
employees, agents or contractors.
No term or provision of the Project Agreement nor any of its attachments may be
changed, waived or terminated orally but only by an instrument in writing signed by
both parties to the Project Agreement.
The project must be completed within three years from the notification date of project
approval.
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Federal/State/Project Sponsor
Statewide Transportation
Enhancement Program
Project Agreement
Project ID: 272?)-0/-70 County: WaukeshaMunicipality: Muskego
Project Name: Highwav L Extension-Muskego Recreational Trail
Limits (if applicable): Bicycle trail located alonz - Highwav L near Lannon Drive and
Parkland South Drive. b
I The signatory Project Sponsor, through its undersigned duly authorized officers or officials,
and WisDOT enter into this agreement to accomplish the described project.
The authority for the Project Sponsor and WisDOT to enter into this agreement is provided
by the Section 86.25 of the Wisconsin State Statutes. to
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Needs and Estimate Summary:
Description of the project: Construct a Dortion of a trail in the citv of Muskeeo.
Estimated Cost
Total Enhancements Ti Project Ti
Estimated Cost Funds Sponsor Funds
Real Estate
Acquisition: $ -0- -0- -0- -0- -0-
Construction: $ 15,600 7,800 50 7,800 50
Other: $ -0- -0- -0- -0- -0-
Total Cost
Distribution: $ 15,600 7,800 50 7,800 50
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This request is subject to the terms and conditions that follow (see pages 3, 4 and 5) and is
made by the undersigned under proper authority to make such request for the designated
Project Sponsor and upon acceptance by WisDOT shall constitute agreement between the
Project Sponsor, WisDOT and the Federal Government.
This project is subject to a DBE goal assessment of 5%, $780 of the total project cost.
Signed for and in behalf of the Project Sponsor(s):Citv of Muskew
Name Title Date
Name Title Date
Name Title Date
Accepted for WisDOT by:
Name Title Date
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