HomeMy WebLinkAboutSafe Routes to Schools Program CITY OF OSHKOSH
LEGAL DEPARTMENT
215 CHURCH AVENUE, P.O. BOX 1130, OSHKOSH, WI 54903-1130
PHONE: (920)236-5115 FAX(920) 236-5106
LETTER OF TRANSMITTAL
To: Safe Routes to School Date: September 27, 2011
WisDOT Project: 1009-00-42
PO Box 7913 From: Carol Marchant
Madison, WI 53707 Re: Safe Routes to School
Attn: Renee Callaway
Please find: ® Attached ❑ Under Separate Cover
❑ Copy of Letter ® Contracts ❑ Amendment ❑ Report ❑ Agenda
❑ Meeting Notes ❑ Photos ❑ Mylars ❑ Change Order ❑ Plans
❑ Specifications El Estimates El Diskette ❑ Zip Disk ❑ Other
Quantity Description
3 Signed Agreements for Safe Routes to School Program
These are being transmitted as indicated below:
❑ For Approval El For Your Use ® As Requested ❑ For Review&Comment
Remarks:
Signed: 60,y ,,` )') _4„ ,, Yzet,
cc: Pam Ubrig, City Clerk (original)
Chris Strong, Director of Transportation (copy)
File Copy(copy)
I:\Attorney\FORMS-Office forms\Transmittal Form-WisDOT.doc
Federal/State/Project Sponsor
Safe Routes to School (SRTS) Program
Project Agreement
Project ID: 1009-00-42 County: Winnebago Municipality: City of Oshkosh
Project Name: SRTS Non-Infrastructure Programming and Bike Racks
Limits (if applicable):
The signatory Project Sponsor, through its undersigned duly authorized officers or officials, and
WisDOT enter into this agreement to accomplish the described project.
The authority for the Project Sponsor and WisDOT to enter into this agreement is provided by
Wis. Stats. 66.0301 and 86.25.
The payment period for each project phase (e.g., design, real estate, construction) shall begin
with written authorization by WisDOT to the Project Sponsor.
Needs and Estimate Summary:
Description of the project: Encouragement and Education programming, enforcement, part-time
coordinator and bike racks.
Estimated Cost
Total Safe Routes to School
Estimated Funds
Cost
Design: $
Construction: $
Other: $
Safety Patrol Supplies $1,175 $1,175 100%
Encouragement $5,000 $5,000 100%
Education $2,000 $2,000 100%
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Enforcement $7,060 $7,060 100%
Coordinator $13,000 $13,000 100%
Bike Racks $4,000 $4,000 100%
Total Cost $32,235 $32,235 100%
Distribution: $
This request is subject to the terms and conditions that follow (see pages 3-6) and is made by the
undersigned under proper authority to make such request for the designated Project Sponsor and
upon acceptance by WisDOT shall constitute agreement between the Project Sponsor and
WisDOT.
This project is subject to a DBE goal of 0% of the project cost. [Under Section § 1404(j) of P.L.
109-59,Act Aug. 10, 2005, SAFETEA-LU, all Safe Routes to Schools projects "shall be treated
as projects on a Federal-aid system under chapter 1 of title 23, United States Code. Section 1404
is included in Title I of SAFETEA-LU and is therefore subject to the federal Disadvantaged
Business Enterprise program authorized by Section 1101(b)(2) of SAFETEA-LU.]
The Catalogue of Federal Domestic Assistance (CFDA) number for this project is 20.205 —
Highway Planning and Construction.
Signed for and in behalf of the Project Sponsor(s):
Ohl f a n a j r o /2-1 i I
ame Title Date
IIiJJ
Name Title t Date
�'►.i .. �a .r_'_..� ( i t—y A-f ro rh e gill/ I)
Name Title I Date
Signed on behalf of WisDOT by:
Chief, WisDOT Local Transportation Programs &Finance
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Terms and Conditions:
1. The initiation and accomplishment of the improvement will be subject to the applicable
State and Federal laws, rules, and regulations, as referenced in the document A Sponsor's
Guide to Non-Traditional Transportation Project Implementation.
2. The construction of the project will be in accordance with the appropriate standards
unless an exception to standards is granted by the Federal Government or WisDOT prior
to construction. The entire cost of the construction project, not constructed to standards,
will be the responsibility of the project sponsor unless such exception is granted.
3. The project sponsor will assume all responsibility for complying with germane
environmental requirements for the project.
4. Where applicable, all contracts will be let by competitive bid and awarded to the lowest
responsible bidder. All contracts for design related services shall be awarded and
administered in accordance with the requirements of 23 CFR 172 and procedures
published in the Wisconsin Department of Transportation Facilities Development Manual
(FDM), Chapter 8, Consulting Services.
5. The work that is eligible for funding under this project grant agreement will be contracted
for and administered by the Project Sponsor. The Project Sponsor is an eligible recipient
of these grant funds pursuant to Section 1404(e) of SAFETEA-LU.
6. The Project Sponsor will assume all responsibility for complying with the applicable
Disadvantaged Business Enterprise(DBE) goal assigned to this project. The DBE goal is
waived if the Project Sponsor constructs the project with its own permanent staff and if
the project is not subcontracted out.
7. The maximum participation of Federal financing will be limited to 100% of the actual
eligible project cost or the Total Cost Distribution of Safe Routes to School Funds, as
shown on page 1 of this agreement,whichever is less.
8. The Project Sponsor will maintain, at its own costs and expense, all portions of the
project that lie within its jurisdiction. The Project Sponsor will ensure that facilities are
available in all weather conditions including clearing snow from sidewalks and multi-use
trails if applicable.
9. The Project Sponsor is required to conduct pre and post project/activity surveys using the
SRTS Parent Survey and Student Tally Sheets. The results will be provided to WisDOT
at the conclusion of the project.
10. The Project Sponsor will assume all responsibility for retaining a complete project file
that includes not only construction documentation but also copies of letting documents,
all local and WisDOT submittals and approvals contained in these instructions and other
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pertinent documents to support project procurement, development, implementation and
cost and any other item required by 49 CFR part 18 and submitting such information,
upon request, in order to receive reimbursement. The Project Sponsor will keep all
project records and have them available for inspection by representatives of the Federal
Government and WisDOT and will furnish copies thereof when requested.
11. Federal Single Audits of the Project Sponsor:
a) The Project Sponsor shall have a single organization audit performed by a
qualified independent auditor if required to do so under Federal law and
regulations. (See federal Office of Management and Budget (OMB) Circular No.
A-133.)
b) This audit shall be performed in accordance with federal OMB Circular No. A-
133 and State single audit guidelines issued by the Wisconsin Department of
Administration(DOA).
c) The Project Sponsor will keep records of costs of construction, inspection tests
and maintenance done by it to enable the federal government and the state to
review the amount and nature of the expenditure for those purposes. Such
accounting records and any other related records shall be retained for three years
from the date of final payment. If any litigation, claim, or audits are started
before the expiration of the three-year period, the records shall be retained until
all litigations, claims or audit findings involving the records have been resolved.
12. State Disbursements:
a) Payment by WisDOT to the Project Sponsor shall be made on a quarterly basis
upon presentation of vouchers for expenditures incurred during prior quarterly
periods of the project duration subject to the allowable maximum payment, as
referenced above in Section 7.
b) A final adjustment of state payments will be made upon completion of WisDOT's
audit of the project. If WisDOT's audit establishes that WisDOT paid more than
its share of the eligible project costs, the Project sponsor shall refund to WisDOT
upon demand a sum equal to the overpayment.
13. In connection with the performance of work under this Project Agreement, the Project
Sponsor agrees not to discriminate against any employee or applicant for employment
because of age, race, religion, color, handicap, sex, physical condition, developmental
disability as define in S. 51.01(5), sexual orientation or national origin. This provision
shall include, but not be limited to, the following: employment, upgrading, demotion or
transfer, recruitment or recruitment advertising, layoff or termination, rates of pay or
other forms of compensation, and selection for training, including apprenticeship. Except
with respect to sexual orientation, the Project Sponsor further agrees to take affirmative
action to ensure equal employment opportunities. The Project Sponsor agrees to post in
conspicuous places, available for employees and applicants for employment,notices to be
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provided by the employment officer setting forth the provisions of the nondiscrimination
clause.
14. Responsibility for Damage and Tort Claims: The Project Sponsor and the Project
Sponsor's surety shall indemnify and save harmless the State, its officers and employees,
from all suits, actions or claims of any character brought because of any injuries or
damages received or sustained by any person, persons or property on account of the
operations of the Project Sponsor; or on account of or in consequence of any neglect in
safeguarding the work; or because of any act or omission, neglect or misconduct of the
Project Sponsor; or because of any claims or amounts recovered for any infringement by
the Project Sponsor of patent, trademark or copyright; or from any claims or amounts
arising or recovered under the Worker's Compensation Act, relating to the Project
Sponsor's employees; or any other law, ordinance, order or decree relating to the Project
Sponsor's operations. So much of the money due the Project Sponsor under and by virtue
of the contract as shall be considered necessary by the Department for such purposes,
may be retained for the use of the State; or, in case no money or insufficient money is
retained, the Project Sponsor's surety may be held until such suit or suits, action or
actions, claim or claims for injuries or damages as aforesaid shall have been settled and
suitable evidence to that effect furnished to the Depai tiuent; except that money due the
Project Sponsor will not be withheld when the Project Sponsor produces satisfactory
evidence that the Project Sponsor is adequately protected by public liability and property
damage insurance. The Project Sponsor also shall comply with all of the above
requirements indemnifying and saving harmless the county, town, or municipality in
which the improvement is made and each of them separately or jointly and officers and
employees.
The State shall not be liable to the Project Sponsor for damages or delays resulting from
work by third parties. The State also shall be exempt from liability to the Project Sponsor
for damages or delays resulting from injunctions or other restraining orders obtained by
third parties except where the damage or delay is a direct result of an injunction or
restraining order obtained by a citizen's action alleging violations of 42 U.S.C. 4331 -
4332, 23 U.S.C. 138 or Public Law 91-646.
It shall be the Project Sponsor's responsibility to see that all of the contract operations
incident to the completion of the contract are covered by public liability and property
damage liability insurance so the general public or any representative of the contracting
authority may have recourse against a responsible party for injuries or damages sustained
as a result of the contract operations This requirement shall apply with equal force,
whether the work is performed by the Project Sponsor, by a subcontractor or by anyone
directly or indirectly employed by either of them.
a) The word, "surety" in the above paragraphs refers to the issuer of a payment and
performance bond under section 779.14 Wis. Stats. (1997 - 98).
b) Nothing in this section should be construed as a waiver of any statutory defenses
that may be available to any governmental party.
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15. No term or provision of neither the Project Agreement nor any of its attachments may be
changed, waived or terminated orally but only by an instrument in writing signed by both
parties to the Project Agreement.
16. The project must be completed within three years from the acceptance date of the Project
Agreement by WisDOT central office. Extensions are available upon approval of a
written request by the Project Sponsor to WisDOT. The written request shall explain the
reasons for project implementation delay and revised timeline for project completion.
17. The Project Sponsor, also known as the primary participant, as that term is defined in 49
CFR Part 29, certifies to the best of its knowledge and belief, that it and its principals, as
that term is defined in 49 CFR Part 29:
a) Are not presently debarred, suspended, proposed for debarment, declared
ineligible or voluntarily excluded by any State of Wisconsin or Federal
department or agency;
b) Have not, within a three year period preceding this agreement, been convicted of
or had a civil judgment rendered against them for commission of fraud or a
criminal offense in connection with obtaining, attempting to obtain or performing
a public (Federal, State or Local) transaction or contract under a public
transaction; violation of Federal or State antitrust statutes or commission of
embezzlement, theft, forgery, bribery, falsification or destruction of records,
making false statements, or receiving stolen property;
c) Are not presently indicted for or otherwise criminally or civilly charged by a
governmental entity (Federal, State or local) with commission of any of the
offenses enumerated above;
d) Have not within a three-year period preceding this agreement had one or
more public transactions (Federal, State or local) terminated for cause or default;
and
e) That all grantees, contractors, and suppliers, including what is also known as
lower tier participants as that term is used in 49 CFR Part 29 and the Appendix to
Part 29 -- Covered Transactions, have certified in writing that neither they or their
principals are presently debarred, suspended, proposed for debarment or
suspension,have been declared ineligible, or have voluntarily been excluded from
participating in this or any other Federal, state or local transaction by any Federal,
State or local department, agency or official."
Revised by WisDOT: August 2007
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