Project Number


Local Designation



County of Albemarle






            THIS AGREEMENT, made and executed this ____ day of _______________, 2006, by and between the County of Albemarle, Virginia, hereinafter referred to as the LOCALITY and the Commonwealth of Virginia, Department of Transportation, hereinafter referred to as the DEPARTMENT.


            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 a Project; and


            WHEREAS, the funds shown in Appendix A have been allocated to finance each Project; and


            WHEREAS, the LOCALITY will progress with the development of each Project so that any federal funds allocated to each Project may be obligated within three years of allocation to each Project in accordance with the current Statewide Transportation Improvement Program, unless otherwise specified in writing by the Department; and


            WHEREAS, both parties have concurred in the LOCALITY's general 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:

1.      The LOCALITY shall:


a.       Be responsible for all activities necessary to complete the noted phase of each Project shown in Appendix A, except the performance of the State Environmental Review Process (SERP), and coordinate with the DEPARTMENT for all reviews, approvals, and environmental actions and decisions, as required.  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.       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.


c.       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, or all such records and documentation may be turned over to the DEPARTMENT in a manner acceptable to the DEPARTMENT.


d.       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 a to-date project summary schedule tracking payment requests and adjustments.


e.   Subject to appropriation, 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 33.1-44 or Section 33.1-70.01 of the Code of Virginia, 1950, as amended, or other applicable provisions of federal, state, or local law or regulations require such reimbursement.


f.    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.


g.   Administer the Project in accordance with all applicable federal, state, or local laws and regulations.


h.   Provide certification by a LOCALITY official that all LOCALITY administered Project activities have been performed in accordance with all federal, state, or local laws and regulations.  If the locality expends over $500,000 annually in federal funding, such certification shall include a copy of the LOCALITY’s single program audit in accordance with Office of Management and Budget Circular A-133.


i.    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.


2.      The DEPARTMENT shall:


a.       Perform the SERP and provide guidance relative to the coordination of environmental commitments that result from the SERP, provide necessary coordination with the FHWA, and approve plans, specifications, advertisement documents, and contract awards as determined to be necessary by the DEPARTMENT.


b.       Upon receipt of the LOCALITY's invoices pursuant to paragraph 1.d, 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.

e.       Make available to the LOCALITY guidelines to assist the parties in carrying out responsibilities under this Agreement.


3.   Appendix A outlines the phases of work and general items to be administered by the LOCALITY.  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 33.1-94 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 appropriated.  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 and allocated.  


6.   Nothing in this agreement shall be construed as a waiver of the LOCALITY’s or the Commonwealth of Virginia’s sovereign immunity.


7.   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 1.e, 1.f, 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.


            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.



            IN WITNESS WHEREOF, each party hereto has caused this Agreement to be executed as of the day, month, and year first herein written.




___________________________________               __________________________


___________________________________               __________________________

Signature of Witness                                                      Date


NOTE: The official signing for the LOCALITY must attach a certified copy of his or her authority to execute this agreement.



___________________________________                   __________________________

Commonwealth Transportation Commissioner                   Date

Commonwealth of Virginia

Department of Transportation

___________________________________                   __________________________

Signature of Witness                                                      Date



Appendix A Project #1427-002-S74   UPC 71722

Appendix A

Project Number: 1427-002-S74, P101, M501  UPC 71722

Locality:  Albemarle County

Project Narrative

Scope :

Safety Improvements


Rio Road  (Route 631)


Greenbrier Drive (Route 866)

·      Construct raised median crosswalks at JABA, Squire Hill, Food Lion, Senior Center, and Branchlands Blvd.

·      Restripe travel lanes for purpose of traffic calming.

·      Construct sidewalks between Branchlands Blvd and Mall Drive, and between Pepsi Place to Hillsdale Drive to serve transit stop.

·      Install lighting at raised medians and along sidewalks for nighttime and inclement weather pedestrian safety.

·      Project to be constructed in existing right of way with no Right of Way phase required.


Locality Project Manager Contact Info: Juan Wade 434-296-5823 ext. 3368

Department Project Coordinator Contact Info: Greg Krystyniak 540-829-7785





Project Costs and Reimbursement


Estimated Project Costs

Estimated Eligible Project Costs

Estimated Eligible VDOT Project Expenses

Estimated Reimbursement to Locality

Preliminary Engineering





Right-of-Way & Utilities










Total Estimated Cost







Total Maximum Reimbursement by Locality to VDOT


Total Maximum Reimbursement by VDOT to Locality



Project Financing






Federal  Safety HES funds

State Secondary system (10% match + VDOT oversight)

County CIP line item funds (local tax revenue)

<fund source>

Aggregate Allocations









Program and Project Specific Funding Requirements

This project will be administered in accordance with the “Guide For Local Administration of Virginia Department of Transportation Projects.”


The County has been awarded Federal Safety money through VDOT in FY 04/05. The County has allocated funding in its Capital Improvement Plan (CIP) to fund the PE costs and the balance of the estimated construction costs. The Federal funds will be allocated to the construction costs only.

VDOT project expenses will be paid from the Secondary System allocation.

This attachment is certified and made an official attachment to this document by the parties of this agreement




Authorized Locality Official and date


Residency Administrator’s/Urban Program Manager’s Recommendation and date



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