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HomeMy Public PortalAbout1999_05_11_R132 - Agreement with VDOT for Highway Signalization ProjectThe Town of Leesburg, Virginia PRESENTED May 11, 1999 RESOLUTION NO. 99 132 ADOPTED May 11, 1999 A RESOLUTION: AUTHORIZING AN AGREEMENT WITH THE VIRGINIA DEPARTMENT OF TRANSPORTATION FOR DEVELOPMENT AND ADMINISTRATION OF HIGHWAY SIGNALIZATION PROJECT WHEREAS, the Virginia Department of Transportation (VDOT) Six Year Improvement Program for Fiscal Year 1993 -1994 through 1998 -1999 for urban highways includes an allocation of Regional Surface Transportation (RSTP) funds for the development and administration of highways signalization funds identified as Projects (NFO) 0015- 253 -102, PE101, C501; and WHEREAS the town and VDOT desire to construct the project as expeditiously as possible; and WHEREAS, the town and VDOT desire to have the town administer and manage the project; and WHEREAS, VDOT requires the execution of an agreement between the town and VDOT for project administration and management; and WHEREAS, the agreement proposed by VDOT has been reviewed by the Deputy Town Attorney; and WHEREAS, the town has received RSTP funding which will be used to pay costs for design and the construction; and WHEREAS, administration and management of the signalization project by the town will be more efficient since these roads are operated and maintained by the town and the overall scope of the work is uncomplicated. A RESOLUTION: AUTHORIZING AN AGREEMENT WITH THE VIRGINIA DEPARTMENT OF TRANSPORTATION FOR DEVELOPMENT AND ADMINISTRATION OF HIGHWAY SIGNALIZATION PROJECT THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia as follows: The Acting Town Manager is authorized to sign the agreement with VDOT in a form approved by the Deputy Town Attorney for the development and administration of highway signalization project as identified above. PASSED this 11"' day of May, 1999. ATTEST: Clerk of Council R:signlprj -2- es E. Clem, Mayor Town of Leesburg THIS AGREEMENT, made and executed in triplicate as of this '136 day of 114i 1999, between the COMMONWEALTH OF VIRGINIA, DEPARTMENT OF TRANSPORTATION, hereinafter called the "Department" and the TOWN OF LEESBURG, a municipal corporation of the Commonwealth of Virginia, hereinafter called the "Town AGREEMENT FOR THE DEVELOPMENT AND ADMINISTRATION OF HIGHWAY SIGNALIZATION PROJECT BY THE TOWN OF LEESBURG W 1INE SEIH: WHEREAS, the Department has adopted a Six Year Improvement Program for Fiscal Years 1993 -94 through 1998 -99 for urban highways, which includes an allocation of funds to coordinate seven (7) traffic signals within the Town, Project 0015 253 -102, PE -101, C -501, as identified in the Six Year Improvement Program, and referred to hereinafter as the "Project"; and WHEREAS, the estimated cost is $10,000.00 for preliminary engineering and $130,000.00 for construction; for a total of $140,000.00; and WHEREAS, the Department and the Town desire to construct the Project as expeditiously as possible and the Town agrees to have the Project completed within the time frame indicated in the Department's Six Year Improvement Program; NOW, THEREFORE, for and in consideration of the premises and mutual covenants and agreements contained herein, the parties hereto agree as follows: 1. The Town shall consult with, and act as the agent of, the Department in performing the preliminary engineering and construction phases of the Project, specifically including the following: a. Perform or contract with a consultant to perform the preliminary engineering design and plan development necessary to award a contract for the construction; and the administration, supervision and inspection of the construction of the Project through final acceptance, in accordance with Department procedures and policies, including settlement of any claims and disputes arising from the Project. The consultant will be subject to a pre -award audit by the Department. b. Submit each phase of the work to the Department for review and approval as the project develops; allow Department personnel to inspect all phases of the project at all times. c. Prepare plans for the Project, including such items as general notes, references to specifications and standards, typical sections, 2 drainage plans, erosion and sediment control methods, profiles, cross sections, summaries, and the like. Plans may be prepared in accordance with Town of Leesburg standards and format, provided the standards meet or exceed Department standards or are approved by the Department. d. Post a "notice of willingness to hold a public hearing" on the Project, conduct such a hearing, if necessary, in accordance with Department requirements and coordinate the Project with property owners in the Project area. e. Obtain any necessary permits for the Project. f. Coordinate and authorize utility relocations. g. Procure a contractor to construct the Project, in conformance with applicable provisions of the Virginia Public Procurement Act. The Town agrees not to award a construction contract to any bidder unless its bid is within seven percent (7 of the Town's cost estimate, which is approved by the Department. The Town agrees not to award such contract until the 3 Commonwealth Transportation Board has accepted and approved the bid and the contractor, and until a standard Municipal -State agreement is executed. h. Submit any change orders to the construction contract to the Department's Assistant Resident Engineer for approval. i. Receive Department approval of any claims prior to settlement. j. Maintain accurate records of the Project and documentation of all expenses for which reimbursement will be requested, and make such records available for inspection and /or audit by the Department at any time. k. Submit to the Department's Assistant Resident Engineer on a monthly basis a certification of all project expenses incurred and paid during the preceding month for all preliminary engineering or construction. All preliminary engineering charges shall cease on the date the construction contract is awarded. The final billing shall be made on the basis of final actual 4 costs, reconciling any difference with previously billed amounts. Interim and final billings shall be submitted on the Department's Form FD-AP- 01. I. Agree to reimburse the Department 100% of all expenditures by the Department in the event the project is cancelled by the Town during any phase of work, or 100% of any expenditures by the Department rejected by the Federal Highway Administration due to the Town's failure to follow proper federal guidelines in the development of the project or monitoring of the construction of the project, or 100% of any expenditures incurred exceeding the total amount of Regional Surface Transportation Program funds allocated in the Six Year Improvement Program. 2. The Department will coordinate with, cooperate with, and assist the Town in implementing the Project, and specifically agrees to: a. Review each phase of the Project and respond in an expeditious manner to requests from the 5 Town for assistance. b. Coordinate the Project through the State Environmental Review Process and carry out the functions necessary to clear the Project environmentally. However, should the Project be classified as a major action and scoping meeting become necessary, the Town may be required to participate in reviewing the Project with the state resource agencies to ensure coordination of plan and environmental development. c. Provide reimbursement of actual Project expenditures for the previous month or for the final billing, within thirty (30) days of receiving from the Town an acceptable invoice of the expenses. d. Audit all Project costs and records as may be required or appropriate. e. Provide funding for the Project pursuant to the Department's Six Year Improvement Program. 3. Nothing herein shall be construed as creating any personal liability on the part of any officer, employee, or agent of the 6 parties, nor shall it be construed as giving any rights or benefits to anyone other than the parties hereto. 4. This Agreement shall be binding upon the parties hereto, and their respective successors and assigns. 5. Upon the execution of this Agreement by both parties, the Town is hereby authorized to commence with the Project. 6. This agreement may be modified with the mutual consent of the Department and the Town provided that such modification is in writing and signed by persons duly authorized to bind the Department and Town. IN WITNESSETH WHEREOF, the parties hereto have caused this Agreement to be executed by their duly authorized officers. ATTEST: TOWN OF LEESBURG r,A4 1 4c,(CL /2 TOWN CLERK APPROVED AS TO FORM: BY: 4 l 1 1` OWN ATTORNEY L. WITNESS: COMMONWEALTH OF VIRGINIA, DEPARTMENT OF TRANSPORTATION BY: 8 dley N MANAGER COMMISSIONER