Wis. Admin. Code Department of Transportation Trans 28.08 - Grant agreement
(1) Harbor assistance projects for which
grants are approved shall be formally implemented through grant agreements
between the department and the eligible applicant. If the eligible applicant is
unable or unwilling to enter into a grant agreement with the department in the
calendar year for which the applicant's project is approved, the applicant
shall resubmit another application for the project before the department shall
again consider it for funding.
(2)
The types and amounts of costs eligible for state assistance shall be
negotiated in developing a grant agreement. Eligible costs may include final
engineering, construction, and dredging costs and other costs agreed to by the
department and the eligible applicant. The following items, however, are not
eligible for reimbursement:
(a) Eligible
applicant's general grant administration costs;
(b) Costs of acquiring permits or of
preparing environmental documents, feasibility studies, conceptual project
designs or design revisions; and
(c) Interest on money borrowed by the
eligible applicant or interest charged to the applicant for late payment of
project costs.
(3) The
maximum amount granted by the department shall be stated in the grant agreement
for the project.
(4) The grant
agreement shall require a grant recipient to:
(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.
(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.
(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.
(5) In the
grant agreement, the department shall require repayment of grant funds advanced
to an eligible applicant if:
(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
(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.
Notes
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