Trans 510.08(1)(1)
The scheduling of an approved transportation facility improvement and the obligation of state funds shall occur only after the eligible applicant, the department, and any applicable third parties execute a formal project agreement, setting forth specific terms, conditions and responsibilities of the parties. The secretary or the secretary's designee shall execute the agreement on behalf of the department. Responsibilities for scheduling and monitoring an approved transportation facility improvement shall be determined cooperatively by the department, the applicant and the governmental entity in which the transportation facility improvement is primarily located. The contract entered into by a grant or loan recipient is subject to the following requirements:
Trans 510.08(1)(a)
(a) Each grant or loan recipient shall submit a report to the department. Each contract shall specify the frequency and format of the report to be submitted to the department and the performance measures to be included in the report.
Trans 510.08(1)(b)
(b) For recipients of a grant or a loan of at least $100,000, a verified statement shall be submitted to the department that shall include the following:
Trans 510.08(1)(b)1.
1. A reporting of the number of jobs associated with the grant or loan and other performance measures as required by the department. The department may determine the format, content and frequency of the verified statement, and may require that the verified statement include wage reports or similar documents filed with the department of workforce development.
Trans 510.08(1)(b)2.
2. Signature by both an independent certified public accountant licensed or certified under ch.
442, Stats., and the director or principal officer of the recipient to attest to the accuracy of the verified statement. The recipient shall make available for inspection the documents supporting the verified statement.
Trans 510.08(2)
(2) A jobs guarantee with the local governing body shall be part of the project agreement when deemed necessary by the department in order to protect the public interest. The local governing body shall, in turn, be encouraged to develop a similar agreement with the economic development project. The jobs guarantee shall obligate the local governing body to reimburse the department for up to the full amount of the grant if either of the following occurs:
Trans 510.08(2)(a)
(a) The guaranteed number of direct jobs associated with the economic development project do not result within 3 years of the date the project agreement is executed.
Trans 510.08(2)(b)
(b) The guaranteed number of direct jobs associated with the economic development project do not exist 7 years after the date the project agreement is executed. The base number of jobs to be used for comparison shall be established on the date funds are awarded. Verification of the number of direct jobs associated with the economic development project shall be made utilizing information available from the department of workforce development and other sources.
Trans 510.08(3)
(3) In order to ensure compliance with the terms of the project agreement under sub.
(1), the department may perform audits and inspections of the applicant's and third parties' records related to the transportation facility improvement. The applicant shall, on request, provide the department with information necessary to document whether the jobs guarantee has been satisfied. If the applicant submits false or misleading information to the department, or fails to comply with the terms of the contract entered into with the department and fails to provide to the satisfaction of the department an explanation for the noncompliance, then the department may do any of the following:
Trans 510.08(3)(c)1.
1. The department shall use its discretion in determining the amount of the forfeiture, with consideration given to the integrity and responsibility of the recipient and the effect that the recipient's actions had on the public. Under no circumstances shall the forfeiture exceed 50% of the grant or loan. General transportation aids or other monies payable to the applicant may be withheld in the amount of the forfeiture.
Trans 510.08(3)(c)2.
2. The recipient may submit information and arguments in opposition to a proposed forfeiture and request an informal meeting with the department. If the department determines that the recipient's opposition raises a genuine dispute over facts relevant to the proposed forfeiture, it will designate a hearing examiner and conduct a fact-finding hearing where the recipient may appear with counsel, present witnesses, and confront and cross-examine any person the department presents. The department's decision to impose a forfeiture shall be made based upon the information in the administrative record or, if a fact-finding hearing was conducted, the written findings of fact prepared by the department's designated hearing examiner.
Trans 510.08(3)(c)3.
3. Until the forfeiture is paid in full, the department may consider the recipient ineligible for any further grants or loans under chs.
Trans 510 and
512.
Trans 510.08 History
History: Cr.
Register, February, 1990, No. 410, eff. 3-1-90;
CR 09-049: renum. (1) and (3) to be (1) (intro.) and (3) (intro.) and am., cr. (1) (a), (b) and (3) (a) to (c), am. (2) (b)
Register November 2009 No. 647, eff. 12-1-09;
CR 22-048: am. (1) (intro.) Register July 2023 No. 811, eff. 8-1-23.
Trans 510.09(1)(1)
Administrative review. The department shall review all applications in order to determine the extent to which the transportation facility improvement shall comply with the department's facility development process under sub.
(2). When the department has determined that it will not delegate responsibility for any portion of the facility development process, the department shall sign a project agreement only after all the steps in sub.
(2) are completed. When the department chooses to delegate some responsibility for the facility development process, the conditions in sub.
(3) shall apply.
Trans 510.09(2)
(2)
Facility development process. The department's facility development process includes the following steps:
Trans 510.09(2)(a)
(a) Departmental approval of a complete environmental analysis appropriate for the level of the transportation facility improvement.
Trans 510.09(2)(b)
(b) Departmental approval of a final design study report for highway and road improvements or an equivalent document for airport, rail and harbor improvements.
Trans 510.09(2)(c)
(c) Acquisition of necessary rights-of-way using departmental procedures.
Trans 510.09(2)(d)
(d) Departmental approval and processing of the plans, specifications, and estimates for letting.
Trans 510.09(3)
(3)
Delegation of responsibility for the facilities development process. When the department has determined that it is appropriate, the department may choose to delegate responsibility for approving plans, enforcing department standards, acquiring necessary rights-of-way, and letting bids to the local jurisdiction which is responsible for project management. The following conditions shall be applied:
Trans 510.09(3)(a)
(a) Highway, road, and airport improvements must employ the services of a registered professional engineer to be responsible for design and construction.
Trans 510.09(3)(b)
(b) The applicant must assume all responsibility for complying with all germane environmental requirements for the transportation facility improvement, and certify that an environmental analysis was completed and that all applicable environmental laws were followed.
Trans 510.09(3)(c)
(c) A design study report for highway and road improvements or an equivalent document for airport, rail and harbor improvements must be submitted to the department for approval prior to preparing final plans.
Trans 510.09(3)(d)
(d) A copy of the plans and specifications containing the engineer's seal as prepared for bidding purposes must be provided to the department prior to the start of construction.
Trans 510.09(3)(e)1.1. Except as noted in subd.
2., all contracts shall be let to competitive bid and contracts awarded to the lowest responsible bidder. The applicant shall submit copies of bid advertisements and a certification of the date bids were taken listing all bidders and bid amounts. A written explanation shall accompany any certification where the contract is awarded to someone other than the low bidder.
Trans 510.09(3)(e)2.
2. Upon written determination by the local jurisdiction responsible for project management of the necessity to let a contract for construction of all or part of a rail improvement on railroad owned or controlled land, and with the written concurrence of the department in this determination, a contract for construction at cost may be let to the railroad without competitive bid.
Trans 510.09(3)(f)
(f) All real estate acquisition and required relocation of persons, families, businesses, or farms must be accomplished in accordance with existing state law. A written certification from the applicant to this effect shall be required after the real estate is acquired.
Trans 510.09(3)(g)
(g) State payments will be made after the improvement is complete and sufficient proof of cost is sent to the department. On improvements where the reviewed transportation facility improvement cost is over $100,000, the department may pay on the basis of actual costs, but no more than monthly.
Trans 510.09 History
History: Cr.
Register, February, 1990, No. 410, eff. 3-1-90;
CR 06-036: am. (3) (e) 1.
Register August 2006 No. 608, eff. 9-1-06.
