HomeMy WebLinkAboutSafe Routes to School Division of Trans ortation
4, Scott Walker, Governor
* ‘sCOrvs,N Mark Gottlieb, P.E.,Secretary
System Development p Internet: www.dot.wisconsin.gov
(t)h- F Northeast Regional Office
944 Vanderperren Way Telephone: (920)492-5643
Green Bay,WI 54304 Facsimile(FAX): (920)492-5640
OFT
E-mail: greenbay.dtsd( dot.wi.00v
March 23, 2012
ATTN PAMALA UBRIG
CITY CLERK
215 CHURCH AVE
PO BOX 1130
OSHKOSH WI 54903-1130
Subject:Approved New Project State/Municipal Agreement
Dear Project Sponsor:
Attached is a copy of the approve State/Municipal Agreement(SMA)for the following project(s):
Project ID Number Project Title Project Limits Improvement Type
4994-06-00/71 Oshkosh Safe Crosswalks City of Oshkosh Design/Construction
This information has been provided for your files,a copy of the approved SMA has been sent to the Regional Management
Consultant(MC).
• No work can begin on the project until a notice to proceed letter has been received.
• Costs incurred prior to federal authorization are not reimbursable.
If you have not already done so,please contact the Regional Management Consultant,Jeff Saxby with SEH at 920-380-2805
to begin the design delivery process for construction bid letting.
If you have any specific program related questions,please feel free to contact the Regional Local Program Managers,Glenn
Landis at 920-492-4110 or Kathy Drews at 920-492-5704.
Sincerely,
Glenn Landis
Kathy Drews
Local Program Managers
NE Region—Green Bay Office
Cc: Jeff Saxby, SEH
Brian Edwards,DOT
State of Wisconsin
CORRESPONDENCE/MEMORANDUM
PROJECT AGREEMENT ACCEPTANCE
DATE: March 19, 2012
SUBJECT: Project Agreement:
4994-06-00/71
Oshkosh Safe Crosswalks
City of Oshkosh, Winnebago County
The Attached Agreement Is Recommended For Approval:
PROGRAM: Safe Routes to School
CONCEPTS COVERED by this AGREEMENT: Installation of ladder-style crosswalks, solar
powered feedback/school zone signs and rapid rectangular flashing beacon in 4 school zones.
ESTIMATED COST: $82,400
PARTICIPATION: 100% Federal to a limit of$82,400
EXECUTED BY: City of Oshkosh DATE: 05-1$-11
LETTING DATE: 11/12 .
Notes:
.--Approv aved
Chief, L. al Transportation Programs & Finance
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STATE/MUNICIPAL AGREEMENT
Scons,„ FOR A LOCAL LET SAFE Date: April 26,2011
ROUTES TO SCHOOL I.D.: 4994-06-00/71
a PROJECT Project Title:Oshkosh Safe Crosswalks
N'opTR `' Location/Limits(as applicable): City of Oshkosh
Subprogram#:217 Project Length(if applicable):
Program Name: Safe Routes to School Project Sponsor: City of Oshkosh
County:Winnebago
MPO Area: Oshkosh
The signatory, City of Oshkosh, hereinafter called the Project Sponsor, through its undersigned duly authorized
officers or officials, hereby requests the State of Wisconsin Department of Transportation, hereinafter called the
State,to initiate and effect the transportation project hereinafter described.
Wisconsin Statute 85.029 authorizes the State to administer a program to award grants of assistance to any
political subdivision or state agency for infrastructure related projects and to any state agency, county, local
government unit, Indian tribe or private non-profit organization for non-infrastructure-related activities, consistent
with federal law promulgated under PL 109-59, section 1404.
The authority for the Project Sponsor to enter into this agreement with the State is provided by Sections 86.25(1),
(2), and (3)and Section 66.0301 of the Statutes.
NEEDS AND ESTIMATE SUMMARY:
All components of the project must be defined in the environmental document if any portion of the project is
federally funded. The Project Sponsor agrees to complete all participating and any non-participating work
included in this improvement consistent with the environmental document. No work on final engineering and
design may occur prior to approval of the environmental document.
Proposed Project- Nature of work: Installation of ladder-style painted crosswalks,solar powered
feedback/school zone signs,and rapid rectangular flashing beacons (RRFB) in 4 school zones.
Need for or Benefits of Project—summarize reasons for request: Signing and crosswalks will aid drivers to
the visibility of pedestrian right of ways.
Describe non-participating work included in the project and other work necessary to completely finish the project
that will be undertaken independently by the Project Sponsor. Please note that non-participating components of a
project/contract are considered part of the overall project and will be subject to applicable federal requirements:
n/a
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The Project Sponsor agrees to the following Fiscal Year 2011 - 2012 Safe Routes to School Program project
funding conditions:
The subject project is funded with 100% federal funding up to a maximum of $82,400 for all federally-funded
project phases when the Project Sponsor agrees to provide funds in excess of the $82,400federal funding
maximum, in accordance with Safe Routes to School program guidelines. Design has been 100% locally
funded. Non-participating costs are 100% the responsibility of the Project Sponsor. Any work performed by the
Project Sponsor prior to federal authorization is not eligible for federal funding. The Project Sponsor will be
notified by the State when each project phase or ID is authorized and available for charging.
DBE goal is discretionary.The DBE goal is waived if the Project Sponsor constructs the project under an
approved Local Force Account(LFA)Agreement.
The Catalogue of Federal Domestic Assistance(CDFA)number for this project is 20.205—Highway Planning
and Construction.
In the summary funding table below,the federal share of the total estimated cost distribution indicates the
maximum amount of federal funding available to the project, to be distributed across federally-funded project
phases. The final Project Sponsor share is dependent on the final federal participation,and the actual costs will
be used in the final division of costs for billing and reimbursement.
SUMMARY OF COSTS
Project
Total Est. Federal Sponsor
PHASE Cost Funds % Funds
ID 4994-06-00
Design 100%
Design Review# $4,500 $4,500 100%` $0 BAL'
ID 4994-06-71
Participating Construction $70,400 $70,400 100%* $0 BAL*
Participating Construction Review# $7,500 $7,500 100%* $0 BAL'
Non-Participating Construction $0 0% 100%
Total Est.Cost Distribution $82,400 $82,400 MAX N/A
'This project has a Safe Routes to School Program federal funding maximum of$82,400.This
maximum is cumulative for all federally funded project phases.
#Review costs are administered and paid for by Ws DOT. The Project Sponsor will be billed for any required
local match and for costs beyond the cumulative federal or state funding.
This request is subject to the terms and conditions that follow (pages #-- #) and is made by the undersigned
under proper authority to make such request for the designated Project Sponsor and upon signature by the State
shall constitute agreement between the Project Sponsor and the State. No term or provision of neither this
State/Municipal Agreement nor any of its attachments may be changed, waived or terminated orally but only by
an instrument in writing duly executed by both parties to this State/Municipal Agreement.
Signed for and in behalf of: City of Oshkosh(please sign in blue ink.)
Name .r / 44444- Title City Manager Date 1f,4j
Signed for nd in behal • the St• e: q /2r
N- - 1; Title t Date
pOlt
Name _djobtfl Approved by: +I ri-
same a ' . it.ri g, 1 ' er �(T' . orenso' ' i ty I orney •
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SRTS Local Let Template
GENERAL TERMS AND CONDITIONS:
1. All projects must be in an approved Transportation Improvement Program (TIP) or State Transportation
Improvement Program (STIP) prior to requesting authorization.
2. Work prior to federal authorization is ineligible for federal funding. The Project Sponsor will be notified by the
State when each project phase or ID is authorized and available for charging.
3. The initiation and accomplishment of the project will be subject to the applicable federal and state
regulations, as referenced in the document A Sponsor's Guide to Non-Traditional Project implementation.
The Project Sponsor, throughout the entire project, commits to comply with and promote all applicable
federal and state laws and regulations that include, but are not limited to, the following:
a. Environmental requirements, including but not limited to those set forth in 23 U.S.C. 139 and the
National Environmental Policy Act(42 U.S.C. 4321 et seq.).
b. Equal protection guaranteed under the U.S. Constitution, WI Constitution,Title VI of the Civil Rights
Act and Wis. Stat. 16.765. The Project Sponsor agrees to comply with and promote applicable
Federal and State laws, Executive Orders, regulations, and implementing requirements intended to
provide for the fair and equitable treatment of individuals and the fair and equitable delivery of
services to the public. In addition the Project Sponsor agrees not to engage in any illegal
discrimination in violation of applicable Federal or State laws and regulations. This includes but is
not limited to Title VI of the Civil Rights Act of 1964 which provides that "no person in the United
States shall, on the ground of race, color, or national origin, be excluded from participation in, be
denied the benefits of, or be subjected to discrimination under any program or activity receiving
Federal financial assistance." The Project Sponsor agrees that public funds, which are collected in
a nondiscriminatory manner, should not be used in ways that subsidize, promote, or perpetuate
illegal discrimination based on prohibited factors such as race, color, national origin, sex, age,
physical or mental disability, sexual orientation,or retaliation.
c. All DBE requirements that the State specifies.
d. Federal and state statutes that govern the Safe Routes to School Program, including but not limited
to PL 109-59 and Wis. Stat. 85.029.
4. Additional applicable state and federal requirements may include, but are not limited to, the following:
a. Prevailing wage requirements, including but not limited to 23 U.S.C. 113 and Wis. Stat. 103.50.
b. Buy America Provision and its equivalent state statutes, set forth in 23 U.S.C. 313 and Wis. Stat.
16.754.
c. Competitive bidding requirements set forth in 23 U.S.C. 112 and Wis. Stat. 84.06.
STATE RESPONSIBILITIES AND REQUIREMENTS:
5. Funding for the project is subject to inclusion in Wisconsin's approved Safe Routes to School program.
Federal funding will be limited to participation in the costs of the following items,as applicable to the project:
a. The grading, base, pavement, and curb and gutter, sidewalk, and replacement of disturbed
driveways in kind.
b. Storm sewer mains necessary for the surface water drainage.
c. Catch basins and inlets for surface water drainage of the improvement, with connections to the
storm sewer main.
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d. Construction engineering incident to inspection and supervision of actual construction work(except
for inspection, staking, and testing of sanitary sewer and water main).
e. Signing and pavement marking, including marking of detour routes. Detour routes and haul roads
are not eligible on local projects.
f. New installations or alteration of street lighting and traffic signals or devices.
g. Landscaping.
h. Management Consultant and State Review Services.
6. Project items purchased with federal funding are for the primary use of the Safe Routes to School program.
7. State Disbursements:
a. Payment by the State to the Project Sponsor shall be made on a regular basis upon presentation of
vouchers for expenditures incurred during prior periods of the project duration subject to the
allowable maximum payment. Exceptions to this schedule will be made as appropriate. In general,
State reimbursements will be made after sufficient proof of payment is sent to the state.
b. A final adjustment of state payments will be made upon completion of the State's audit of the
project. If the State's audit establishes that the State paid more than its share of the eligible project
costs, the Project Sponsor shall refund to the State upon demand a sum equal to the overpayment.
PROJECT SPONSOR RESPONSIBILITIES AND REQUIREMENTS:
8. Work necessary to complete the Safe Routes to School Program project to be financed entirely by the
Project Sponsor or other utility or facility owner includes the items listed below, when applicable to the
project.
a. New installations of or alteration of sanitary sewers and connections, water, gas, electric, telephone,
telegraph, fire or police alarm facilities, parking meters, and similar utilities.
b. Damages to abutting property after project completion due to change in street or sidewalk widths,
grades or drainage.
c. Detour routes and haul roads. The Project Sponsor is responsible for determining the detour route.
d. Conditioning, if required and maintenance of detour routes.
e. Repair of damages to roads or streets caused by reason of their use in hauling materials incident to the
improvement.
f. All work related to underground storage tanks and contaminated soils.
g. Street and bridge width in excess of standards, in accordance with the current WisDOT Facilities
Development Manual(FDM).
h. : Preliminary Engineering:
9. The work eligible for federal and state participation will be administered by the Project Sponsor. The project
sponsor is an eligible recipient of these grant funds pursuant to Section 1404(e)of SAFETEA-LU.
10. Where applicable, all contracts will be let by competitive bid and awarded to the lowest responsible bidder in
accordance with the requirements set forth in 23 U.S.C. 112 and Wis. Stat. 84.06. Where applicable, all
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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.
11. The Project Sponsor must receive, read, and agree to meet the requirements outlined in the Sponsor's
Guide to Non-Traditional Transportation Project Implementation. The Project Sponsor must indicate this
understanding and agreement by submitting the Sponsor's Guide Acknowledgement Form, which must be
accepted by the State before approval of this State/Municipal Agreement shall be granted.
12. The Project Sponsor must complete and submit Certification for Non-Traditional Project Administration and
Delivery documentation, and this documentation must be accepted by the State, before approval of this
State/Municipal Agreement shall be granted. The Project Sponsor, and all consultants and other entities
working on behalf of the Project Sponsor, are required to comply with the federal and state rules and
requirements for projects being administered through a local letting process.
13. The project, in accordance with its scope, must employ the services of a registered professional engineer,
architect or landscape architect, to be responsible for design and construction engineering and related
activities.
14. A copy of the plans, specifications, and estimates containing the engineer's, architect's, or landscape
architect's seal as prepared for bidding purposes(in accordance with project scope) must be provided to the
State for approval prior to advertising the project for bids.
15. The improvement will take place in accordance with the appropriate standards unless an exception to
standards is granted by the State 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.
16. Work to be performed by the Project Sponsor without Federal funding participation, necessary to ensure a
complete improvement acceptable to the Federal Highway Administration and/or the State may be done in a
manner at the election of the Project Sponsor but must be coordinated with all other work undertaken during
construction.
• 17. The Project Sponsor is responsible for financing administrative expenses related to Project Sponsor
responsibilities.
18. 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 1 of SAFETEA-LU and is therefore subject to the Federal Disadvantaged Business
Enterprise program authorized by Section 1101(b)(2)of SAFETEA-LU. The Project Sponsor will assume all
responsibility for complying with the applicable Disadvantaged Business Enterprise(DBE) goal assigned to
this project. This project is subject to a DBE goal is discretionary. The DBE goal is waived if the Project
Sponsor constructs the project under an approved Local Force Account(LFA)Agreement.
19. The Project Sponsor will not proceed with any contract revisions without first receiving prior approval from
the State. A contract change order must be executed for revisions to the contract prior to the Project
Sponsor's request for reimbursement for the revisions.
20. If reviews or audits show any of the work to be ineligible for Federal funding, the Project Sponsor will be
responsible for any withdrawn costs associated with the ineligible work.
21. If the Project Sponsor should withdraw the project, it will reimburse the State for any costs incurred by the
State on behalf of the project.
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22. 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 the State at the conclusion of the project.
23. 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 State submittals and
approvals contained in these instructions, and other 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 the State
and will furnish copies thereof when requested.
24. 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.
25. In connection with the performance of work under this State/Municipal 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 defined 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 provided by the employment officer setting forth the provisions of
the nondiscrimination clause.
26. The Project Sponsor will include in all contracts executed by them a provision obligating the contractor not to
discriminate against any employee or applicant for employment because of age, race, religion, color,
handicap, sex, physical condition, developmental disability as defined in s. 51.01 (5), sexual orientation as
defined in s. 111.32 (13m), or national origin.
27. When applicable to the project,the Project Sponsor will at its own cost and expense:
a. Maintain all portions of the project that lie within its jurisdiction (to include, but not limited to,
cleaning storm sewers, removing debris from sumps or inlets, and regular maintenance of the
catch basins, curb and gutter, parking lanes, bicycle lanes, trails, and other facilities, sidewalks and
other pedestrian facilities, and other project infrastructure) for such maintenance through statutory
requirements in a manner satisfactory to the State, and will make ample provision for such
maintenance each year. The Project Sponsor will ensure that facilities are available in all weather
conditions, including clearing snow from sidewalks and multi-use trails.
b. Regulate [or prohibit] parking at all times in the vicinity of the proposed improvements during their
construction.
c. Regulate [or prohibit]all parking at locations where and when the pavement area usually occupied
by parked vehicles will be needed to carry active traffic in the street.
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d. Assume general responsibility for all public information and public relations for the project and to
make fitting announcement to the press and such outlets as would generally alert the affected
property owners and the community of the nature, extent, and timing of the project and
arrangements for handling traffic within and around the projects.
e. Provide relocation orders and real estate plats and easements, as required by the project.
f. Use the WisDOT Utility Accommodation Policy unless it adopts a policy,which has equal or more
restrictive controls.
g. Provide maintenance and energy for lighting.
h. Provide proper care and maintenance of all landscaping elements of the project including
replacement of any plant materials damaged by disease,drought,vandalism or other cause.
28. It is further agreed by the Project Sponsor that:
a. The Project Sponsor assumes full responsibility for the design, installation, testing and operation of
any sanitary sewer and water main infrastructure within the improvement project and relieves the
State and all of its employees from liability for all suits,actions,or claims resulting from the sanitary
sewer and water main construction under this State/Municipal Agreement.
b. The Project Sponsor assumes full responsibility for the plans and special provisions provided by
their designer or anyone hired, contracted or otherwise engaged by the Project Sponsor. The
Project Sponsor is responsible for any expense or cost resulting from any error or omission in such
plans or special provisions. The Project Sponsor will reimburse the State if the State incurs any
cost or expense in order to correct or otherwise remedy such error or omission or consequences of
such error or omission.
c. The Project Sponsor will be 100% responsible for all costs associated with utility issues involving
the Contractor, including costs related to utility delays.
d. All signs and traffic control devices and other protective structures erected on or in connection with
the project including such of these as are installed at the sole cost and expense of the Project
Sponsor or by others, will be in conformity with such "Manual on Uniform Traffic Control Devices"
as may be adopted by the American Association of State Highway and Transportation Officials,
approved by the State, and concurred in by the Federal Highway Administration.
29. The project must be authorized for construction within three years from the date of approval of the State/
Municipal Agreement by the State. Extensions are available upon the State's approval of a written request
made by the Project Sponsor. The written request shall explain the reasons for project implementation
delay and revised timeline for project completion.
LEGAL RELATIONSHIPS:
30. 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 State 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
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have been settled and suitable evidence to that effect furnished to the State; 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.
It is the express intent of this provision that a Project Sponsor that is a county, town or municipality may and
should contractually pass on this entire Responsibility for Damage and Tort Claims provision to any public
and private entities with which it may subcontract any of the work covered by this agreement.
a. The word, "surety" in the above paragraphs refers to the issuer of a payment and performance
bond under section 779.14 Wis. Stets. (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.
31. 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 State/Municipal 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.
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32. Contract Modification: This State/Municipal Agreement can only be modified by written instruments duly
executed by both parties. No term or provision of neither this State/Municipal Agreement nor any of its
attachments may be changed,waived or terminated orally.
33. Binding Effects: All terms of this State/Municipal Agreement shall be binding upon and inure to the benefits
of the legal representatives, successors and executors. No rights under this State/Municipal Agreement
may be transferred to a third party. This State/Municipal Agreement creates no third-party beneficiary rights
to be held by any person or entity who is not a party to this State/Municipal Agreement. Nor does it accord
on any non-party the right of enforcement.
34. Choice of Law and Forum:This State/Municipal Agreement shall be interpreted and enforced in accordance
with the laws of the State of Wisconsin. The Parties hereby expressly agree that the terms contained herein
and in any deed executed pursuant to this State/Municipal Agreement are enforceable by an action in the
Circuit Court of Dane County, Wisconsin.
35. Nothing in this State/Municipal Agreement shall be construed as a waiver of the State's sovereign immunity.
PROJECT FUNDING CONDITIONS
36. The Project Sponsor agrees to the following Fiscal Year 2011 -2012 Safe Routes to School program project
funding conditions:
a. ID 4994-06-00: Design costs are funded with 100%by the Project Sponsor. Related review costs by the
Management Consultant Review and State Review are funded with 100%federal funding.These costs
are subject to the cumulative project federal funding cap. This includes Management Consultant Review
and State Review.The work includes project review,approval of required reports and documents and
processing the final PS&E document for award of the contract.
b. Real estate and any related review costs are funded 100% by the Project Sponsor. Real estate
acquisition is 100%the responsibility of the Project Sponsor.
c. ID 4994-06-71: Construction:
i. Costs for crosswalks and signing and any related review costs: are funded with 100%federal/
funding,when the Project Sponsor agrees to provide the remaining costs above the capped amount.
d. The maximum participation of federal funding will be limited to 100%of the actual eligible project cost or
the total cost distribution of Transportation Safe Routes to School program funds shown on page 2 of
this State/Municipal Agreement,whichever is less.The project federal funding maximum of$82,400 is
cumulative for all federal funded project phases.
[End of Document]
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