Chapter Trans 206

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.

Trans 206.04(6)(c) (c) Prepare all documents necessary to letting the LRIP project to competitive bid.

Trans 206.04(6)(d) (d) Execute, no later than April 1 of each odd-numbered year, an approved project agreement for each MSI project.

Trans 206.04(6)(e) (e) 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(7) (7) Cities or villages in more than one county.

Trans 206.04(7)(a) (a)

Trans 206.04(7)(a)1. 1. Each city or village with a population of less than 20,000 and whose corporate limits extend into more than one county, shall select by September 1, 1992, which CMSIC it wishes to join. By September 1, 1992, the city or village shall notify, in writing, the secretary and all the affected CMSICs and county highway commissioners, which CMSIC it will join.

Trans 206.04(7)(a)2. 2. Any city or village with a population less than 20,000 not selecting a CMSIC by September 15, 1992, shall be assigned to a CMSIC by the secretary.

Trans 206.04(7)(b) (b)

Trans 206.04(7)(b)1. 1. Each city and village with a population of 20,000 or more and whose corporate limits extend into more than one county shall select by September 1, 1992, which county it wishes any of its uncommitted entitlement to be assigned. By September 1, 1992, the city or village shall notify, in writing, the secretary and all the affected county highway commissioners, which county it wishes to assign its uncommitted entitlement.

Trans 206.04(7)(b)2. 2. Any city or village with a population of 20,000 or more not selecting a county by September 15, 1992, shall be assigned to a county by the secretary.

Trans 206.04(8) (8) Duties of the county highway commissioner. Each county highway commissioner shall perform the following:

Trans 206.04(8)(a) (a) Convene and preside over the initial meeting of all the chief executives of villages and cities with populations of less than 20,000, to select the membership and chairperson of the CMSIC.

Trans 206.04(8)(b) (b) Conduct contract lettings for the city or village with municipal street improvement projects upon the request of the city or village.

Trans 206.04(9) (9) Standards. All municipal street improvement projects funded under this chapter shall be designed and constructed using the state standards as described in the department’s facility development manual procedure 11-20-1 except as provided in s. Trans 206.03 (13).

Trans 206.04 History History: Cr. Register, June, 1992, No. 438, eff. 7-1-92.

Trans 206.05 Trans 206.05 County highway improvement.

Trans 206.05(1) (1) Duties of the county executive. Each county executive or designee, or where there is no office of county executive, the county board chairperson or the chairperson’s designee shall perform the following:

Trans 206.05(1)(a) (a) Establish and maintain a 5-year program of county trunk improvement projects eligible to be funded from the county highway improvement entitlement of the local roads improvement program. It shall include a priority list of needs and a 5-year schedule of improvements.

Trans 206.05(1)(b) (b) Send, no later than January 15 of each even-numbered year, to the department the LRIP project application form listing the CHI projects planned in the current state biennium.

Trans 206.05(1)(c) (c) Execute, no later than April 1 of each odd-numbered year, an approved project agreement for each project that will be constructed in the current state biennium as a county highway improvement project.

Trans 206.05(1)(d) (d) Certify that the county trunk improvement projects selected meet the eligibility requirements of this chapter.

Trans 206.05(1)(e) (e) Determine in a case where a proposed project under agreement cannot be built in the specified time frame, whether a substitute project should be put under agreement.