Chapter Trans 28

Trans 28.08(2)(a) (a) Eligible applicant’s general grant administration costs;

Trans 28.08(2)(b) (b) Costs of acquiring permits or of preparing environmental documents, feasibility studies, conceptual project designs or design revisions; and

Trans 28.08(2)(c) (c) Interest on money borrowed by the eligible applicant or interest charged to the applicant for late payment of project costs.

Trans 28.08(3) (3) The maximum amount granted by the department shall be stated in the grant agreement for the project.

Trans 28.08(4) (4) The grant agreement shall require a grant recipient to:

Trans 28.08(4)(a) (a) Save and hold the department harmless from and against all liability, damage, loss, claims, demands and actions of any nature whatsoever related to the project; and provide, at its expense, a comprehensive general liability insurance policy, with per occurrence limits to be determined by the department, naming the department and its officers, employees and agents as additional insureds.

Trans 28.08(4)(b) (b) Provide evidence of performance and payment bonds, satisfying all applicable requirements of ss. 30.32 and 779.14, Stats., for the full amount of any and all construction contracts let by the eligible applicant in connection with the project.

Trans 28.08(4)(c) (c) Maintain project-related books and records as required by the department and make such records available to the department for audit purposes. In addition, grant recipients shall make periodic progress reports to the department. The content and timing of these reports shall be specified in the grant agreement.

Trans 28.08(5) (5) In the grant agreement, the department shall require repayment of grant funds advanced to an eligible applicant if:

Trans 28.08(5)(a) (a) The project for which the grant funds are awarded is not completed in accordance with all terms of the grant agreement, including required completion dates; or

Trans 28.08(5)(b) (b) Any commercial transportation facility for which the grant is awarded is converted during that time established in the grant agreement to a use inconsistent with the purposes of the harbor assistance program or inconsistent with the terms of the grant agreement or is converted during that period to a use not approved in writing by the department. Conversion to a use approved in writing by the department may, nonetheless, require repayment of all or a portion of the grant funds to the department.

Trans 28.08 History History: Cr. Register, February, 1985, No. 350, eff. 3-1-85; CR 05-019: am. (2) (intro.), (a), (c), (4) (b) and (5) (intro.) Register July 2005 No. 595, eff. 8-1-05.

Trans 28.09 Trans 28.09 Application process.

Trans 28.09(1) (1) Applications for harbor assistance program grants shall be submitted to the department in a manner and form prescribed by the department. Forms shall be available without charge.

Trans 28.09(2) (2) Each application shall include the following information:

Trans 28.09(2)(a) (a) A resolution officially adopted by the eligible applicant containing:

Trans 28.09(2)(a)1. 1. A formal request for assistance.

Trans 28.09(2)(a)2. 2. The name of the eligible applicant’s representative authorized to sign forms or claims. The representative shall be the applicant’s contact person for the project. If there are more than one, all their names shall be included in the application.

Trans 28.09(2)(a)3. 3. A statement that the eligible applicant will accept responsibility for operation and maintenance of the proposed project after completion of the work funded.

Trans 28.09(2)(a)4. 4. A statement that the proposed project is consistent with the harbor development plan or with the comprehensive plan of the local government if a plan or plans have been adopted. A copy of any plan shall be attached to the application.

Trans 28.09(2)(a)5. 5. A statement that the proposed project is consistent with the 3-year harbor development statement of intentions submitted by the eligible applicant as required by s. Trans 28.10.

Trans 28.09(2)(a)6. 6. A statement that the eligible applicant agrees to provide the department, in a timely manner, additional analysis or documentation supporting the application, whenever the department considers it necessary during the application review process.

Trans 28.09(2)(a)7. 7. A statement that the eligible applicant agrees to provide required matching funds up to a stated maximum at the time and in the manner specified in the grant agreement.

Trans 28.09(2)(b) (b) A narrative description of the project which, at a minimum, shall include:

Trans 28.09(2)(b)1. 1. A detailed description of the work to be performed including plans, drawings, sounding reports or other information necessary to fully describe the project.

Trans 28.09(2)(b)2. 2. A detailed description of the means by which the work is to be performed.

Trans 28.09(2)(b)3. 3. A statement of justification and reasons for accomplishing the project, including a discussion of possible alternatives in type and scope to the project.

Trans 28.09(2)(b)4. 4. A map, sketch, or other depiction of the project site.

Trans 28.09(2)(b)5. 5. A statement of current ownership of the project site and facilities and of the ownership proposed upon completion of the project.

Trans 28.09(2)(b)6. 6. A time schedule for performing major project tasks.

Trans 28.09(2)(c) (c) A detailed estimate of project cost, indicating the eligible applicant’s cost share, amount of state funding requested, other sources or potential sources of funds and full description of timetables and conditions affecting funds other than funds already budgeted by the applicant.

Trans 28.09(2)(d) (d) An estimate of project development costs, not included as estimated project costs, that are essential to the success of the project. This may include, for example, the value of existing land and facilities, the cost of additional site development and the cost of storage or transfer facilities.

Trans 28.09(2)(e) (e) An estimate of the eligible applicant’s annual revenues from the project if completed, or of revenues lost if the project is not completed, and an estimate of the annual costs necessary to maintain the project property.

Trans 28.09(2)(f) (f) An estimate of the number and type of jobs directly attributable to the proposed project, or of those jobs lost if the project is not completed. The estimates shall be supported by a description of the means by which the number of jobs is calculated.

Trans 28.09(2)(g) (g) A list of commodities and a disclosure of the tonnage of waterborne commerce using the project property and expected to use the project property if the project is completed, with origin and destination information.

Trans 28.09(2)(h) (h) A list of permits necessary for the project to proceed and, if the permits have not been obtained, a description of the actions taken or to be taken to obtain the permits.

Trans 28.09(2)(i) (i) A description of the probable environmental impact of the project. Copies of environmental reports, environmental screening worksheets, environmental assessments, and environmental impact statements shall be provided.

Trans 28.09(2)(j) (j) An estimated annual number of passengers that will be affected by the project.

Trans 28.09(3) (3) If an eligible applicant fails to supply required information or supplies erroneous information, the department may disapprove the application.

Trans 28.09(4) (4) The eligible applicant shall submit an application to the department by August 1 in order to receive primary consideration for funding during the following calendar year. If funds are available, applications may be submitted by March 15, 1985, and by February 1 of each year thereafter, for funding in the same calendar year. The department may waive the requirements in this subsection for emergency repair projects.

Trans 28.09 Note Note: Application forms for harbor assistance program grants may be obtained without charge from: Manager, Harbor Assistance Program, P.O. Box 7914, Madison, Wisconsin 53707-7914.

Trans 28.09 History History: Cr. Register, February, 1985, No. 350, eff. 3-1-85; correction in (2) (a) 5., made under s. 13.93 (2m) (b) 7., Stats., Register, December, 1987, No. 384; CR 01-117: am. (2) (a) 5. and cr. (2) (j) Register March 2002 No. 555, eff. 4-1-02; CR 05-019: am. (2) (a) 3., 6., 7., (e), (3) and (4) Register July 2005 No. 595, eff. 8-1-05.

Trans 28.10 Trans 28.10 Planning requirement. No grant may be made under s. 85.095, Stats., and this chapter, unless the eligible applicant provides the department a description of the harbor projects for which the applicant may request state assistance under s. 85.095, Stats., or federal aid, or both, during the next 3 years. The description shall be submitted prior to April 1 preceding the fiscal year in which the applicant seeks aid under this chapter. The department may waive this planning requirement.

Trans 28.10 History History: Cr. Register, February, 1985, No. 350, eff. 3-1-85; CR 05-019: am. Register July 2005 No. 595, eff. 8-1-05.