Trans 206.03(12) (12) Project agreement.

Trans 206.03(12)(a) (a) Each eligible project which is funded under this chapter shall be the subject of a formal agreement between the political subdivision and the department. The secretary or the secretary’s designee shall sign the project agreement for the department. The secretary or the secretary designee’s signature on the project agreement shall be the official acceptance of the terms of the agreement. When the project agreement is between the state and a county, the county executive or designee, or when there is no office of county executive, the county board chairperson or designee shall sign the project agreement for the county. When the project agreement is between the state and a town, village or city, the chief executive or designee of the political subdivision shall sign the project agreement for the political subdivision.

Trans 206.03(12)(b) (b) Each project agreement must be signed by the department no later than April 1 of each odd-numbered year.

Trans 206.03(12)(c) (c) The project agreement shall include, but is not limited to, the following items of information:

Trans 206.03(12)(c)1. 1. Name of the signatory political subdivision or, in the case of a joint project, the project agreement shall include the names of all the political subdivisions and county MSI or TRI committees participating in the project.

Trans 206.03(12)(c)2. 2. Statement of need for the project.

Trans 206.03(12)(c)3. 3. Description of the proposed work as approved by the CTRIC, STRIDC or CMSIC where appropriate and the intended construction year.

Trans 206.03(12)(c)4. 4. Cost estimate of the work.

Trans 206.03(12)(c)5. 5. Description of the cost participation of each party to the agreement, including the amount of the cost ceiling for preliminary engineering, real estate acquisition and construction.

Trans 206.03(12)(c)6. 6. Description of all special provisions and considerations that apply to the proposed project.

Trans 206.03(12)(c)7. 7. Signed statement by the county executive or designee, or when there is no office of county executive, the county board chairperson or designee, town, city or village’s chief executive or designee certifying that the work will be done in accordance with all federal, state and local laws, rules, ordinances and standards.

Trans 206.03(12)(c)8. 8. A statement that the department will only participate in eligible construction projects which are actually constructed to the appropriate standards described in this chapter. The entire cost of construction projects not constructed, or not constructed to standards, is the responsibility of the political subdivision.

Trans 206.03(12)(c)9. 9. A statement that the political subdivision with the eligible project assumes all responsibility for complying with all germane environmental requirements for the improvement, and certifies that an environmental analysis was completed and that all applicable environmental laws were followed.

Trans 206.03(13) (13) Exception to standards.

Trans 206.03(13)(a) (a) The secretary or the secretary’s designee may authorize deviation from the standards in special cases in which strict application of the standards is impractical and deviation is not contrary to the public interest and safety, and in the case of eligible county projects is not contrary to the intent of s. 84.01 (9) (b), Stats.

Trans 206.03(13)(b) (b) Any deviation in the standards shall be approved in writing by the secretary or the secretary’s designee before any reimbursement payments are made.

Trans 206.03(14) (14) Project substitution. When a recipient informs the department that an eligible project for which a CHI, TRI or MSI project agreement has been executed cannot be built, that recipient shall have the option of substituting another eligible project that can be constructed in the same time period. The parties shall then void the original project agreement and execute a new project agreement for the substitute project. This subsection does not apply to recipients of TRID allocations.

Trans 206.03(15) (15) Duties of dot. The department shall perform the following:

Trans 206.03(15)(a) (a) Compute the annual and biennial entitlement for each county, each CMSIC and CTRIC and for each city or village with a population of 20,000 or more.

Trans 206.03(15)(b) (b) Inform, by September 1 of each odd-numbered year, each county, each CTRIC and CMSIC, and the chief executive of each city or village with a population of 20,000 or more of their biennial entitlement by state fiscal year for the current state biennium.

Trans 206.03(15)(c) (c) Maintain a financial record of each project agreement and any other information the department deems necessary.

Trans 206.03(15)(d) (d) Review a sufficient number of projects to ensure that the program is functioning according to applicable state laws and rules.

Trans 206.03(15)(e) (e) Encumber state funds for all approved project agreements.

Trans 206.03(15)(f) (f) Prepare, by June 30 of each odd-numbered year, a report listing all completed projects under the local roads improvement program.

Trans 206.03(15)(g) (g) Determine if proposed projects meet the criteria of this chapter.

Trans 206.03 History History: Cr. Register, June, 1992, No. 438, eff. 7-1-92; am. (6) (b), (7) (b) and (14), Register, December, 1994, No. 468, eff. 1-1-95; the correction in (12) (c) 8. made under s. 13.93 (2m) (b) 12., Stats., Register, August, 1996, No. 488; am. (12) (c) 3., Register, October, 1997, No. 502, eff. 11-1-97.

Trans 206.035 Trans 206.035 Town road improvement discretionary provisions.

Trans 206.035(1) (1) Allocation. The TRID is an annual allocation for improvements to town roads in excess of $100,000 total project cost. Biennially, selected allocations shall be made to towns. Allocations to the recipient shall be recommended by the STRIDC and approved by the secretary.

Trans 206.035(2) (2) Option to accumulate allocation until the second year of the biennium. To permit maximum flexibility in the use of allocations and use all allocations in the biennium appropriated, a recipient may: