HomeMy WebLinkAbout2021-02Resolution 2021-02
Resolution Authorizing the Town Manager to Execute a Project Administration
Agreement with VDOT for Main Street Improvements -North
WHEREAS, the Town of Pulaski has reached agreement with the Virginia Department of
Transportation concerning pedestrian improvements to the north side of West Main Street,
referenced as Project Number EN20-125-133; and,
WHEREAS, execution of the project administration agreement requires the Town Council to
designate a representative from the Town duly authorized to sign and execute the agreement;
NOW, THEREFORE be it RESOLVED by the Town Council of the Town of Pulaski, Virginia
sitting in regular session this 16th day of February 2021, that the Town Manager, Darlene L.
Burcham, is hereby duly authorized to sign and execute the project administration agreement on
behalf of the Town of Pulaski with the Virginia Department of Transportation in reference to
Project Number EN20-125-133.
This resolution is effective upon adoption and is hereby adopted this 16th day of February 2021
by the duly recorded vote of the Town Council of the Town of Pulaski, Virginia as follows:
Lane R. Penn
Brooks R. Dawson
Gregory C. East
ATTEST:
h, - 4, ,, 2::
David N. Quesenberry
Clerk of Council
-Aye James A. Radcliffe -Aye
-Aye G. Tyler Clontz -Aye
-Aye Michael P. Reis -Aye
THE TOWN OF PULASKI, VIRGINIA
BY: �'/_
W. Shannon Collins
Mayor
STANDARD PROJECT ADMINISTRATION AGREEMENT
Federal -aid Projects
Project Number
UPC
Local Government
EN20-125-133
117993
Town of Pulaski
THIS AGREEMENT, is hereby made and executed the date of the last signature
set forth below, by and between the TOWN OF PULASKI, VIRGINIA, hereinafter
referred to as the LOCALITY and the Commonwealth of Virginia, Department of
Transportation, hereinafter referred to as the DEPARTMENT. The DEPARTMENT and
the LOCALITY are collectively referred to as the "Parties".
WHEREAS, the LOCALITY has expressed its desire to administer the work
described in Appendix A, and such work for each improvement shown is hereinafter
referred to as the Project; and
WHEREAS, the funds shown in Appendix A have been allocated to finance each
Project; and
WHEREAS, the LOCALITY is committed to the development and delivery of
each Project described in Appendix A in an expeditious manner; and;
WHEREAS, both parties have concurred in the LOCALITY's administration of
the phase(s) of work for the respective Project(s) listed in Appendix A in accordance with
applicable federal, state, and local law and regulations.
NOW THEREFORE, in consideration of the mutual premises contained herein,
the parties hereto agree as follows:
I. The LOCALITY shall:
a. Be responsible for all activities necessary to complete the noted phase(s) of each
Project shown in Appendix A, except for activities, decisions, and approvals
which are the responsibility of the DEPARTMENT, as required by federal or
state laws and regulations or as otherwise agreed to, in writing, between the
parties. Each Project will be designed and constructed to meet or exceed current
American Association of State Highway and Transportation Officials standards
or supplementary standards approved by the DEPARTMENT
b. Meet all funding obligation and expenditure timeline requirements in
accordance with all applicable federal and state laws and regulations, and
Commonwealth Transportation Board and DEPARTMENT policies and as
identified in Appendix A to this Agreement. Noncompliance with this
requirement can result in deallocation of the funding, rescinding of state
funding match, termination of this Agreement, or DEPARTMENT denial of
future requests to administer projects by the LOCALITY.
UPC 117993 Project: EN20-125-133
Locality: Town of Pulaski
c. Receive prior written authorization from the DEPARTMENT to proceed with
preliminary engineering, right-of-way acquisition and utility relocation, and
construction phases of each Project:
d. Administer the project(s) in accordance with guidelines applicable to Locally
Administered Projects as published by the DEPARTMENT.
e. Maintain accurate and complete records of each Project's development and
documentation of all expenditures and make such information available for
inspection or auditing by the DEPARTMENT. Records and documentation for
items for which reimbursement will be requested shall be maintained for no less
than three (3) years following acceptance of the final voucher on each Project.
f. No more frequently than monthly, submit invoices with supporting
documentation to the DEPARTMENT in the form prescribed by the
DEPARTMENT. The supporting documentation shall include copies of related
vendor invoices paid by the LOCALITY and an up-to-date project summary
and schedule tracking payment requests and adjustments. A request for
reimbursement shall be made within 90 days after any eligible project expenses
are incurred by the LOCALITY. For federally funded projects and pursuant to
2 CFR 200.338, Remedies for Noncompliance, violations of the provision may
result in the imposition of sanctions including but not limited to possible denial
or delay of payment of all or a part of the costs associated with the activity or
action not in compliance.
g. Reimburse the DEPARTMENT all Project expenses incurred by the
DEPARTMENT if, due to action or inaction solely by the LOCALITY,
federally funded Project expenditures incurred are not reimbursed by the
Federal Highway Administration (FHWA), or reimbursements are required to
be returned to the FHWA, or in the event the reimbursement provisions of
Section 33.2-214 or Section 33.2-331 of the Code of Virginia, 1950, as
amended, or other applicable provisions of federal, state, or local law or
regulations require such reimbursement.
h. On Projects that the LOCALITY is providing the required match to state or
federal funds, pay the DEPARTMENT the LOCALITY's match for eligible
Project expenses incurred by the DEPARTMENT in the performance of
activities set forth in paragraph 2.a.
i. Administer the Project in accordance with all applicable federal, state, or local
laws and regulations. Failure to fulfill legal obligations associated with the
project may result in forfeiture of federal or state -aid reimbursements
j. Provide certification by a LOCALITY official that all LOCALITY
administered Project activities have been performed in accordance with all
federal, state, and local laws and regulations. If the LOCALITY expends over
OAG Approved 6/18/2012; Revised 2/5/2015 2
UPC 117993 Project: EN20-125-133
Locality: Town of Pulaski
$750,000 annually in federal funding, such certification shall include a copy of
the LOCALITY's single program audit in accordance with 2 CFR 200.501,
Audit Requirements.
k. If legal services other than that provided by staff counsel are required in
connection with condemnation proceedings associated with the acquisition of
Right -of -Way, the LOCALITY will consult the DEPARTMENT to obtain an
attorney from the list of outside counsel approved by the Office of the Attorney
General. Costs associated with outside counsel services shall be reimbursable
expenses of the project.
For Projects on facilities not maintained by the DEPARTMENT, provide, or
have others provide, maintenance of the Project upon completion, unless
otherwise agreed to by the DEPARTMENT.
in. Ensure compliance with the provisions of Title VI of the Civil Rights Act of
1964, regulations of the United States Department of Transportation (USDOT),
Presidential Executive Orders and the Code of Virginia relative to
nondiscrimination; and as a sub -recipient of federal funds, adopt and operate
under the DEPARTMENT's FHWA-approved Disadvantaged Business
Enterprise (DBE) Program Plan in accordance with 49 CFR Part 26.
2. The DEPARTMENT shall:
a. Perform any actions and provide any decisions and approvals which are the
responsibility of the DEPARTMENT, as required by federal and state laws and
regulations or as otherwise agreed to, in writing, between the parties and
provide necessary coordination with the FHWA as determined to be necessary
by the DEPARTMENT.
b. Upon receipt of the LOCALITY's invoices pursuant to paragraph I.f.,
reimburse the LOCALITY the cost of eligible Project expenses, as described in
Appendix A. Such reimbursements shall be payable by the DEPARTMENT
within 30 days of an acceptable submission by the LOCALITY.
c. If appropriate, submit invoices to the LOCALITY for the LOCALITY's share
of eligible project expenses incurred by the DEPARTMENT in the performance
of activities pursuant to paragraph 2.a.
d. Audit the LOCALITY's Project records and documentation as may be required
to verify LOCALITY compliance with federal and state laws and regulations.
Make available to the LOCALITY guidelines to assist the parties in carrying
out responsibilities under this Agreement.
OAG Approved 6/18/2012; Revised 2/5/2015
UPC 117993 Project: EN20-125-133
Locality: Town of Pulaski
3. Appendix A identifies the funding sources for the project, phases of work to be
administered by the LOCALITY, and additional project -specific requirements
agreed to by the parties. There may be additional elements that, once identified,
shall be addressed by the parties hereto in writing, which may require an
amendment to this Agreement.
4. If designated by the DEPARTMENT, the LOCALITY is authorized to act as the
DEPARTMENT's agent for the purpose of conducting survey work pursuant to
Section 33.2-1011 of the Code of Virginia, 1950, as amended.
5. Nothing in this Agreement shall obligate the parties hereto to expend or provide
any funds in excess of funds agreed upon in this Agreement or as shall have been
included in an annual or other lawful appropriation. In the event the cost of a
Project is anticipated to exceed the allocation shown for such respective Project on
Appendix A, both parties agree to cooperate in providing additional funding for the
Project or to terminate the Project before its costs exceed the allocated amount,
however the DEPARTMENT and the LOCALITY shall not be obligated to provide
additional funds beyond those appropriated pursuant to an annual or other lawful
appropriation.
Nothing in this Agreement shall be construed as a waiver of the LOCALITY's or
the Commonwealth of Virginia's sovereign immunity.
7. The Parties mutually agree and acknowledge, in entering this Agreement, that the
individuals acting on behalf of the Parties are acting within the scope of their
official authority and the Parties agree that neither Party will bring a suit or assert
a claim against any official, officer, or employee of either party, in their individual
or personal capacity for a breach or violation of the terms of this Agreement or to
otherwise enforce the terms and conditions of this Agreement. The foregoing
notwithstanding, nothing in this subparagraph shall prevent the enforcement of the
terms and conditions of this Agreement by or against either Party in a competent
court of law.
8. The Parties mutually agree that no provision of this Agreement shall create in the
public, or in any person or entity other than the Parties, rights as a third party
beneficiary hereunder, or authorize any person or entity, not a party hereto, to
maintain any action for, without limitation, personal injury, property damage,
breach of contract, or return of money, or property, deposit(s), cancellation or
forfeiture of bonds, financial instruments, pursuant to the terms of this Agreement
or otherwise. Notwithstanding any other provision of this Agreement to the
contrary, unless otherwise provided, the Parties .agree that the LOCALITY or the
DEPARTMENT shall not be bound by any agreements between either party and
other persons or entities concerning any matter which is the subject of this
Agreement, unless and until the LOCALITY or the DEPARTMENT has, in
writing, received a true copy of such agreement(s) and has affirmatively agreed, in
writing, to be bound by such Agreement.
OAG Approved 6/18/2012; Revised 2/5/2015 4
UPC 117993 Project: EN20-125-133
Locality: Town of Pulaski
This Agreement may be terminated by either party upon 30 days advance written
notice. Eligible Project expenses incurred through the date of termination shall be
reimbursed in accordance with paragraphs Lf, I.g., and 2.b, subject to the
limitations established in this Agreement and Appendix A. Upon termination, the
DEPARTMENT shall retain ownership of plans, specifications, and right of way,
unless all state and federal funds provided for the Project have been reimbursed to
the DEPARTMENT by the LOCALITY, in which case the LOCALITY will have
ownership of the plans, specifications, and right of way, unless otherwise mutually
agreed upon in writing.
10. Prior to any action pursuant to paragraphs Lb or I.g of this Agreement, the
DEPARTMENT shall provide notice to the LOCALITY with a specific description
of the breach of agreement provisions. Upon receipt of a notice of breach, the
LOCALITY will be provided the opportunity to cure such breach or to provide a
plan to cure to the satisfaction to the DEPARTMENT. If, within sixty (60) days
after receipt of the written notice of breach, the LOCALITY has neither cured the
breach, nor is diligently pursuing a cure of the breach to the satisfaction of the
DEPARTMENT, then upon receipt by the LOCALITY of a written notice from the
DEPARTMENT stating that the breach has neither been cured, nor is the
LOCALITY diligently pursuing a cure, the DEPARTMENT may exercise any
remedies it may have under this Agreement.
THE LOCALITY and DEPARTMENT acknowledge and agree that this
Agreement has been prepared jointly by the parties and shall be construed simply and in
accordance with its fair meaning and not strictly for or against any party.
THIS AGREEMENT, when properly executed, shall be binding upon both parties,
their successors, and assigns.
THIS AGREEMENT may be modified in writing by mutual agreement of both
parties.
OAG Approved 6/18/2012; Revised 2/5/2015
UPC 117993 Project: EN20-125-133
Locality: Town of Pulaski
IN WITNESS WHEREOF, each party hereto has caused this Agreement to be
executed by their duly authorized signatures below, acknowledging and agreeing that any
digital signature affixed hereto shall be considered as an original signature for all purposes
and shall have the same force and effect as an original signature.
TOWN OF PULASKI, VIRGINIA:
Darlene Burcham
Typed or printed name of signatory
Town Manager Date 1/28/21
Title
Rick Tawney
Signature of Witness
1/28/21
Date
NOTE: The official signing for the LOCALITY must attach a certified copy of his or her
authority to execute this Agreement.
COMMONWEALTH OF VIRGINIA, DEPARTMENT OF
TRANSPORTATION:
Chief of Policy Date
Commonwealth of Virginia
Department of Transportation
Signature of Witness
Attachments
Appendix A (UPC 117993)
OAG Approved 6/18/2012; Revised 2/5/2015 6
Date
Appendix A ORIGINAL
PROJECT ID: EN20-125-133 UPC: 117993
Date: 1/20/2021
CFDA # 20.205 Locality: Town of Pulaski
Project Location ZIP +4: 24301-5001
Locality DUNS# 074760851
Locality Address (incl ZIP+4):
42 1st St, NW
Pulaski VA 24301-5602
Project Narrative
Work W. Main Pedestrian Improvements North - Pulaski - Rehabilitation of sidewalks, ADA ramps, crosswalks and other pedestrian improvements along W. Main Street from
Description: Washington Avenue to Jefferson Ave.
From: Jefferson Avenue
To: Washington Avenue
Locality Project Manager Contact info: Bill Pedigo - 540-9948616 ; bpedigo@pulaskilown.org
Department Project Coordinator Contact Info: Adam Czesnowski - 540-541-1216; Adam.Czesnowski@vdotvirginia.gov
II Total Maximum Reimbursement by VDOT to Locality (Less Local Share) 1 $462.28111
11 Estimated Total Reimbursement by VDOT to Locality (Less Local Share and VDOT Expenses) 1 $442,28111
Project Financing
Transportation Alternatives Local Match Aggregate Allocations
$462,281 $115,570
Project Cost and Reimbursement
$577,851
Estimated
Fund Source
Local %Participation for
Maximum Reimbursement
Reimbursement to
Phase
Estimated Project Costs
Local Share Amount
(Estimated Cost - Local
Locality (Max.
(Choose (corn drop down box)
Funds Type
Share)
Reimbursement - Est.
VOOT Expenses)
Preliminary Engineering
$107,209
TransportationAltematives
20%
$21,442
$85,767
Total PE
$107,209
$21,442
$85,767
$75,767
Right of Way & Utilities
Total RW
$0
Construction
$470,642
Transportation Alternatives
20%
$94,128
$376,514
Total CN
$470,642
$94,128
$376,514
$366,514
Total Estimated Cost
$577,851
$115,570
$462,281
5442,281
II Total Maximum Reimbursement by VDOT to Locality (Less Local Share) 1 $462.28111
11 Estimated Total Reimbursement by VDOT to Locality (Less Local Share and VDOT Expenses) 1 $442,28111
Project Financing
Transportation Alternatives Local Match Aggregate Allocations
$462,281 $115,570
$577,851
and
In accordance with Chapter 12.1.3 (Scoping Process Requirements) of the LAP Manual, the locality shall complete project scoping on or before 03/09/2022.
This is a limited funds project. The LOCALITY shall be responsible for any additional funding in excess of $462,281
Reimbursement for eligible expenditures shall not exceed funds allocated each year by the Commonwealth Transportation Board in the Six Year Improvement Program.
All local funds included on this appendix have been formally committed by the local government's board or council resolution subject to appropriation.
Eligible VOOT Project expenses will be recovered as follows: 80% will be deducted from the federal allocation and 20% will be deducted from reimbursement requests.
The DEPARTMENT will conduct all environmental studies necessary to complete an environmental document in compliance with the National Environmental PolicyAct including, but not limited to, basic
)ordination for cultural resources, basic clearances for threatened and endangered species, and any necessary certifications, recertificetions, and/or reevaluations. The LOCALITY is responsible for tracking,
iplementing, and completing all environmental commitments associated with the project. In addition, the LOCALITY is responsible for obtaining any water quality permits, submitting a signed EQ -555 for natural
sources due diligence, conducting any required hazardous materials efforts, and submitting a signed EQ -121 for hazardous materials due diligence (all submittals are to be in accordance with the LAP
anual). VDOTs estimated cost for preparing the environmental document and necessary supporting studies, including certifications, recertifications and/or reevaluations, will be provided to the LOCALITY and
For Transportation Alternatives (TA) Projects, the LOCALITY shall maintain the Projector have it maintained in a manner satisfactory to the DEPARTMENT for its useful life and make ample provisions each
car for such maintenance unless otherwise agreed to by the DEPARTMENT. Failure to do so, or the sale of a TA funded improvement prior to the expectations as identified in the TA Guide, may require
oavment of federal funds.
In accordance with CTB policy, the Project must be under construction by 11/01/2024 or the federal Transportation Alternatives (TA) funding may be subject to de -allocation.
Any ineligible items identified throughout Project development will not be reimbursable.
The LOCALITY WII continue to operate and maintain the facility as constructed. Should the design features of the Project be altered by the LOCALITY subsequent to Project completion without approval of the
pa Azle- gazciuurL 1/28/2021
Authorized Locality Official Date
Darlene Burcham
Typed or printed name of person signing
Revised: 2020
Authorized VDOT Official Date
Jay Guy, Salem District Programming Section Manager