Chapter Trans 206

Trans 206.03(3)(b) (b) No later than January 15 of each even-numbered year, the appropriate county highway commissioner shall send the department a copy of each LRIP project application submitted by each recipient in the county.

Trans 206.03(3)(c) (c) Upon the approval of each LRIP project application by the department, the estimated cost of the project listed on the LRIP project application form shall be considered committed, and entitlement funds shall be reserved for the political subdivision with an approved LRIP project. A project agreement for each LRIP project shall be executed and received by the department no later than April 1 of the next odd-numbered year. If an executed project agreement is not received by April 1 of the next odd-numbered year, the commitment of state funds shall be withdrawn.

Trans 206.03(4) (4) Uncommitted lrip entitlements.

Trans 206.03(4)(a) (a) Any entitlements not committed by the recipient by November 1 of each odd-numbered year shall be available for use by other recipients.

Trans 206.03(4)(b) (b) The first priority for uncommitted entitlements shall be for use by other recipients within the same county. The county highway commissioner of that county is responsible for determining if the uncommitted entitlement can be used within the county and which recipient will receive it.

Trans 206.03(4)(c) (c) The second priority for any uncommitted entitlement that cannot be used within the county shall be for use within the county highway improvement program district. The county highway improvement district committee shall be responsible for determining if uncommitted entitlement can be used within the district and which recipient will receive it.

Trans 206.03(4)(d) (d) On July 1 of each odd-numbered year, all uncommitted entitlements from the previous biennium shall be added to the LRIP appropriation for the current biennium and redistributed according to the distribution formula in s. Trans 206.03 (1).

Trans 206.03(5) (5) Payment of project costs.

Trans 206.03(5)(a) (a) The local roads improvement program is a reimbursement program. The political subdivision where the work is performed shall be responsible for payment of project costs. At the completion of the project, the political subdivision may apply to the department of transportation for reimbursement of eligible costs in accordance with the project agreement. Application for reimbursement shall be on forms prescribed by the department.

Trans 206.03(5)(b) (b) If a project is the result of an agreement among more than one recipient, the project agreement shall identify one political subdivision as responsible for initial funding of the project and to whom the state shall reimburse eligible costs.

Trans 206.03(6) (6) Eligible projects.

Trans 206.03(6)(a) (a) Any improvement to the county trunk, town road or city or village street system shall be eligible for funding under this chapter provided the political subdivision has complied with the provisions of this chapter.

Trans 206.03(6)(b) (b) The county, CTRIC or CMSIC, cities or villages with populations of 20,000 or more, or towns under the TRID, may enter into agreements with counties, other county MSI or TRI committees, other cities or villages with populations of 20,000 or more or towns under the TRID to participate in projects that meet the standards of the local roads improvement program.

Trans 206.03(7) (7) Duties of the county highway commissioner. The county highway commissioner shall perform the following:

Trans 206.03(7)(a) (a) Serve as the administrative contact between the department and all recipients in the county.

Trans 206.03(7)(b) (b) No later than January 15 of each even-numbered year, report to the secretary or the secretary’s designee, on the form in the manner prescribed by the department, the list of projects to be developed or constructed under the CHI, TRI, TRID and MSI components of the LRIP in the current state biennium.

Trans 206.03(7)(c) (c) Determine if uncommitted entitlements of a recipient in the county can be used by another recipient within the county.

Trans 206.03(8) (8) Reimbursement of counties for administrative costs related to the cmsic and the ctric.

Trans 206.03(8)(a) (a) Counties shall be reimbursed for the costs of the administrative services provided by the county highway department to that CTRIC and CMSIC.

Trans 206.03(8)(b) (b) For the years 1992 through 1995 of the local roads improvement program, 5% of each county’s MSI entitlement for cities and villages with a population of less than 20,000 and 5% of each county’s TRI entitlement shall be distributed to the county treasurer as reimbursement for the administrative costs of the MSI and TRI.

Trans 206.03(8)(c) (c) Beginning with 1996, the percentage of each county’s MSI entitlement for cities and villages with a population of less than 20,000 and county’s TRI entitlement to be distributed to the county for administrative costs related to the MSI and TRI shall be reviewed with the county highway commissioner and the chairpersons of the county TRI and the MSI committees to determine an appropriate level of reimbursement. The county highway commissioner shall notify the department what percent level of reimbursement was selected as a result of the review. Until such notification is received, the level of reimbursement shall continue at 5%.

Trans 206.03(9) (9) Eligible lrip project costs. Feasibility studies, design, right-of-way acquisition, any item which is an integral part of street and road construction, and related engineering costs are eligible costs. New installations or alterations of sanitary sewers and connections, water, gas, electric, telephone, police or fire alarm facilities, parking meters, street signs and similar utilities are not eligible costs. The cost to develop each county, municipality or town’s improvement plan is not an eligible cost.

Trans 206.03(10) (10) Contract administration.

Trans 206.03(10)(a) (a) The political subdivision with the eligible project shall be responsible for contract administration of the project. If an eligible project is located in more than one political subdivision, the project agreement shall specify the political subdivision responsible for contract administration.

Trans 206.03(10)(b) (b) The design and construction of all eligible projects with eligible costs totaling more than $50,000 under this chapter shall be certified by a registered professional engineer.

Trans 206.03(11) (11) Financial participation.

Trans 206.03(11)(a) (a) The state shall provide a maximum of 50% of the total eligible project cost up to the cost ceiling specified in the project agreement. The remainder of the cost shall be provided by the political subdivision where the work is performed.

Trans 206.03(11)(b) (b) The political subdivision’s share may be in the form of cash, engineering or right of way.

Trans 206.03(11)(c) (c) No entitlement shall be used as the local match for federal aid projects.

Trans 206.03(11)(d) (d) No federal aid funds shall be used as the local match for an eligible project.

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:

Trans 206.035(2)(a) (a) Use the allocation in the state fiscal year it is available.

Trans 206.035(2)(b) (b) Accrue the annual allocation until the second year of the state biennium rather than using it in the year it is available.

Trans 206.035(2)(c) (c) Request approval, on the LRIP project application form, from the department to use the entire biennial allocation in the first year of the biennium.

Trans 206.035(3) (3) Commitment of allocation.

Trans 206.035(3)(a) (a) No later than November 1 of each odd-numbered year, each applicant shall complete the LRIP project application form and send it to the appropriate county highway commissioner.

Trans 206.035(3)(b) (b) No later than January 15 of each even-numbered year, the appropriate county highway commissioner shall send the department a copy of each LRIP project application submitted by each applicant in the county.

Trans 206.035(3)(c) (c) Upon the approval of each LRIP project application by the department, the estimated cost of the project listed on the LRIP project application form shall be committed, and allocated funds shall be reserved for the political subdivision with an approved LRIP project. A project agreement for each LRIP project shall be executed and received by the department no later than April 1 of the next odd-numbered year. If an executed project agreement is not received by April 1 of the next odd-numbered year, the commitment of state funds shall be withdrawn.

Trans 206.035(4) (4) Uncommitted trid allocations. On July 1 of each odd-numbered year, all uncommitted allocations from the previous biennium shall be added to the TRID appropriation for the current biennium.

Trans 206.035 History History: Cr. Register, December, 1994, No. 468, eff. 1-1-95.

Trans 206.04 Trans 206.04 Municipal street improvement.

Trans 206.04(1) (1) Duties of all cities and villages. Each city and village shall establish and maintain a 5-year municipal street improvement plan which identifies projects eligible to be funded under the MSI entitlement. The plan shall be based on sound traffic and pavement management principles. It shall include a priority list of needs and a 5-year schedule of improvements.

Trans 206.04(2) (2) County municipal street improvement committees (cities and villages with populations of less than 20,000).

Trans 206.04(2)(a) (a) In each county there shall be a county municipal street improvement committee to select city and village street improvement projects for the municipal street improvement component of the local roads improvement program. The CMSIC shall consist of not more than 5 chief executives or designees of villages and cities in the county with populations of less than 20,000. The committee shall be selected by all the chief executives or designees of all the villages and cities in the county with a population of less than 20,000. The committee shall select a chairperson from its members.

Trans 206.04(2)(b) (b) The selection of the CMSIC shall occur biennially, in the odd-numbered years, not later than October 1. The term of office for each county municipal street improvement committee member shall be 2 years, and shall be from October 1 of the current odd-numbered year to September 30 of the next odd-numbered year.

Trans 206.04(2)(c) (c) In addition to the village or city chief executive committee members, each CMSIC may include as a non-voting member the county highway commissioner.

Trans 206.04(3) (3) Duties of the cmsic. Each CMSIC committee shall perform the following:

Trans 206.04(3)(a) (a) Send, no later than November 1 of each odd-numbered year, each LRIP project application form listing of all MSI projects planned for the current state biennium to the county highway commissioner.

Trans 206.04(3)(b) (b) Determine, in a case where a proposed project under agreement cannot be built within the specified time frame, whether a substitute project should be put under agreement.

Trans 206.04(3)(c) (c) Determine whether to enter into joint agreements with other recipients.

Trans 206.04(4) (4) Selection and duties of the chairperson of the cmsic. The chairperson of the CMSIC shall be selected by the members of the CMSIC no later than November 1 of each odd-numbered year. The duties of the chairperson shall include, but are not limited to, the following:

Trans 206.04(4)(a) (a) Inform, by November 1 of each odd-numbered year, the secretary, in writing, of the name of the chairperson of the CMSIC.

Trans 206.04(4)(b) (b) Convene the CMSIC when necessary.

Trans 206.04(4)(c) (c) Preside over meetings of the CMSIC and perform all administrative duties required of the chairperson.

Trans 206.04(5) (5) Duties of a city or village with a population of less than 20,000 with a msi project. Each city or village with a population of less than 20,000 with a MSI project shall perform the following:

Trans 206.04(5)(a) (a) Execute, no later than April 1 of each odd-numbered year, an approved project agreement for each MSI project awarded to the city or village.

Trans 206.04(5)(b) (b) Prepare all documents necessary to letting the LRIP project to competitive bid.

Trans 206.04(5)(c) (c) Certify through the city or village’s chief executive, at the time the city or village requests reimbursement, that the work funded under the municipal street improvement program entitlement was performed in accordance with all applicable federal, state and local laws, rules, ordinances and standards.

Trans 206.04(6) (6) Duties of cities or villages with a population of 20,000 or more. Each city or village with a population of 20,000 or more shall perform the following:

Trans 206.04(6)(a) (a) Administer the LRIP entitlement in accordance with this chapter.

Trans 206.04(6)(b) (b) Send, no later than November 1 of each odd-numbered year, the LRIP project application form, listing all MSI projects planned for the current state biennium to the county highway commissioner.