Loading...
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