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,
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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
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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
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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
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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
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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