Title: Memorandum of agreement no. DTFH71-04-X-00017 between the government of the United States Virgin Islands and the Federal Highway Administration
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 Material Information
Title: Memorandum of agreement no. DTFH71-04-X-00017 between the government of the United States Virgin Islands and the Federal Highway Administration
Physical Description: Book
Language: English
Creator: United States. Federal Highway Administration.
Virgin Islands of the United States ( Contributor )
Publisher: United States. Federal Highway Administration.
Publication Date: 2004
 Subjects
Subject: Caribbean   ( lcsh )
Spatial Coverage: North America -- United States Virgin Islands
Caribbean
 Record Information
Bibliographic ID: CA01300644
Volume ID: VID00001
Source Institution: University of Florida
Holding Location: University of Florida
Rights Management: All rights reserved by the source institution and holding location.

Full Text


MEMORANDUM OF AGREEMENT
No. DTFH71-04-X-00017
BETWEEN
THE GOVERNMENT OF THE U.S. VIRGIN ISLANDS
AND THE
FEDERAL HIGHWAY ADMINISTRATION

The purpose of this Mmorandum Agreement (Agreement) made this ay ofiy o / 2004,is to
establish the roles, responsibili i es, and procedures under which work shall be performed for e apartment of
Public Works (DPW) of the Government of the Virgin Islands by the Federal Highway Administration
(FHWA) for engineering and construction services for Federal-aid highway and bridge projects on the islands
of St Thomas, St. Croix, and St John, U.S. Virgin Islands.

WHEREAS, the Government of the Virgin Islands has the jurisdiction and maintenance responsibilities for
the.Territoial Highway System routes in the U.S. Virgin Islands, which are eli gile for funding under FHWA
Federal-aid programs for which non-maintenance capital improvements are eligible for funding and

WHEREAS, the FHWA, Puerto Rico Division (FHWA-PR) is the Federal agency with administrative,
financial, and project implementation and management oversight of the Goverment of the Virgin Island's
Federal-aid Highway Program; and

WHEREAS, 23 USC 308(a) autorizes the FHWA to perform engineering and other services in connection
with the survey, design, construction, and improvement of mad projects for other Government or State
cooperating agencies; and

WHEREAS, the DPW has requested assistance from the Eastern Federal Lands Highway Division (EFLHD),
of the FHWA, to provide engineering andor construction services for various projects as detetined by the
Commissioerof Public Works.

NOW THEREFORE, the DPW and the FHWA do hereby mutually agree as follows:

1. DPW RESPONSIBILITIES: The DPW shall be the lead agency for project development, and shall (a)
develop the Territorial Transportation Improvement Program (TTIP) of projects (b) approve the final
design standards for the projects; (c) administer the activities ncessryto provide all required pmnits
and clearances, including environmental clearances fom the Government ofthe Virgin Islands and
Federal agencies, and coordination of the entire project (d) participate in all of the design field
reviews; (e) acquire necessary right-of-way and coordinate utility agreements to provide timely
relocations; (f) approve the final plans, specifications, and estimate for construction; and (g)
participate in the final construction inspection.

2. FHWA-PR RESPONSIBILITIES: The FHWA-PR shall be the lead Federal agency for project
development and shall (a) provide the Federal funding for the projects; (b) be responsible for the
approval of the environmental document required by the National Environmental Poicy Act, as
amended, and 23 CFR 771, including the Environmental Impact Statement/Record of Decision,
Categorical Exclusion, Environmental Assessment/Finding of No Significant Impact, and 4(f)
Statement, and the coordination and approval of Section 106 in accordance with the National Historic
Preservation Act; (c) approve the right-of-way plans and administratively review the right-of-way
acquisition and utility relocation activities; (d) approve statement of work and concur in award of any
consultant design contracts; (e) approve- the final plans, specifications, and estimates for
advertisement; (f) participate in the final acceptance of the project; and (g) accept the completed
project as being in conformance with the approved design package. Some of the above functions
could be delegated to the DPW as provided for







in the "Memorandum of Agreement Oversight and Administation of Federal-aid Highway Projects,"
dated August 7, 2002, incorporatedd by reference) entered into between theFHWA-PR and the DPW.

3. EFLHD RESPONSIBILITIES: The EFLHD shall be a coopering agency for project development,
and shall (a) coordinate and develop the individual project scope; (b) procure and administer any
consultant assistance contracts deemed necessary; (c) administer all surveying and mapping necessary
for final design activities and for support in issuing right-of-way certificates; (d) administer all
subsurface investigations; (e) provide assistance in the preparation of environmental documents and
permits when requested and incorporate all environmental conmmitmens into the design; (f) prepare
preliminary plans for review and approval; (g) prepare right-of-way and utility plans; (h) develop and
administer utility agreements as per the Virgin Islands Code; (h) prepare the final plans, specifications,
and estimate for review and approval; (i) advertise and award the construction contract; (j) administer
the construction contact, including necessary construction inspections; () process payments to design
consultants, construction contractors and utility companies as applicable () conduct a final inspection
of the project; and (m) provide quarterly status reports on project development and project
expenditures.

4. STANDARDS: The design shall be in accordance with the applicable AASHTO standards and
guides. The EFLHD shall use the 'Standard Specificatons for construction ofRoads and Bridnes on
Federal Highway Projects" for the work. New projects will be designed in English units. Projects that
are currently under design or construction in metric units will be completed in those units.

5- CONTRACT ADMINISTRATION: Procurment of any contacts under this Agreement by the
EFLHD will be conducted in accordance with the Federal Acquisition Regulations (FAR), and 23
CFR 172 for design activities and 23 CFR 635 for destruction contracts to the extent feasible. The
solicitation for bids and award of contract wi be coordinated with the DPW and FHWA-PR The
EFLHD shall be the contracting office The EFL1D will copy various information to other
Government of the U.S. Virgin Islands agencies (including the Department of Public Works,
Department of Finance, and the Burean of Internal Revenue) to make them aware of EFLHD's
contacting activities as requested by the DPW. Whenever possible, consuants needed for design or
construction assistance on any project will be selected from available and qualified consultants
lionused in the Virgin Islands. DPW personnel willbe represented n consultant section paels. For
construction inspectors, the EFLHD is responsible far providing appropriate staff however any local
hiring will be coordinated with the DPW.

6. DISADVANTAGED BUSINESS ENTERPRISE (DBE): DBE Program requirements, where not in
conflict with The FAR, will be incorporated into construction contracts trough the Special Contract
Requirements. The EFLHD will be responsible for contract administration and will (1) collect
.subcontract information from the prime contractor using Forms SF 1413 and FHWA 1775; and (2)
provide the information to the DPW's DBE Liaison Officer. The DPW's DBE Liaison Officer will be
responsible for overall administration of the Virgin Islands DBE program, and will (1) determine DBE
goals on a project-by-project basis where appropriate; (2) participate at the reconstruction conference
relative to the prime contract's responsibilities under the DBE Program; and (3) perform monitoring
activities as done for any other DPW project.

7. PROJECT COMPLETION: Upon successful completion of any project in accordance with the
approved-plans and specifications, and all approved contract modifications, the DPW will accept the
completed project for maintenance and jurisdiction. The EFLHD shall provide one hard copy of the
final as-consucted plans and a compact disc of the plan files to the DPW.

8. COMMUNICATION: Throghout the project development and construction, EFLHD is responsible







for continual communication with the Commissioner or'appointed designee and the FHWA-PR which
will include various status reports as identified by the DPW and FHWA-PR.

9. APPROVAL ITEMS: The EFLHD shall request written comments and/or concurrence from the
FHWA-PR and the DPW for the following activities with specific response timeframes identified:
a. Project scope, including modificaons;
b. Preliminary plans, including alternatives;
b. Right-of-way plans, based on 35 percent design;
c. Pla-in-hand plans (70 percent plans);
d. Final plans, specifications, and estimate (95 percent plans);
e. Contract award;
f. Construction contract modifications; and
g. Completed construction project

10. FINANCES; Funding for the projects will be provided in accordance with the provisions of23 US.C.
308. The EFLHD will forward funding requests (identifying the specific project and activity) for
EFLHD proj ect development and construction activities to the DPW for review and approval by both
the DPW and the FHWA-PR For each project, the DPW will enter project data into FMIS for the
FHWA-PR's review and approval. Once the FHWA-PR authorizes the project and enters into the
project agreement, the DPW will submit to the FHWA-PR a PR-20 within 30 calendar days after it is
entered into agreement, along with a cover letter requesting that payments be directed to the EFLHD.
The DPW will base the amount on the PR-20 on estimated contract cost as calculatedby the FLHD.
The EFLID will not initiate any work until payment has been received In the event ath actual
project costs are less than the original cost under agreement, the EPLHD will request FHWA
Headquarters to process a credit to the project The DPW will enter and the FHWA-PR wil process
in FMIS a modification to the agreement amount to make appropriate adjustments to the Virgin
Islands Federal-aid Highway fund-balance and payments previouslymadelto the EFLHD.

Some projects may be funded from speci appropriations and authorizations Funds for these projects
shall be separately tracked because the funds are authorized for specific projects only. The DPW shall
identify these projects and special funds when authorization is provided. The EFLED will maintain
separate financial records for these projects and funds.

11. DPW DEVELOPMENT OPPORTUNITIES: A training plan will be developed by the DPW and
FHWA-PR. At the request of the FHWA-PR, the EFLHD will (1) provide training to DPW
employees in highway design and construction contract administration to assist in redeveloping the
DPW's capability to manage the Federal-aid Highway Design and Construction Program and/or (2)
provide assignments for Coop Students. Lengths of assignments and individual work plans will be
tailored to the skills and abilities of the individualsreciving the training. O r technical assignments
of varying length in all areas ofhighway planing, design, and construction can also be provided at the
request of the DPW. Attached to this Agreement is an outline of the key training available in design
and construction. The FHWA-PR will determine the appropriate fading mechanism for this training

12. ACCESS RIGHTS: All parties to the Agrement will be afforded the opportunity to inspect, at any
time, work in progress, the financial records, and any other supporting documentation; and to
participate in all meetings, field reviews, bid openings, pr-construction conferences, and periodic and
final construction infection

13. ANTI-DEFICIENCY: Nothing in this Agreement shall be construed as limiting or affecting the legal
authorities of the DPW or the FHWA, or as requiring the parties to perform beyond their respective
authorities. The Parties agree that no funds will be expended in excess of available appropriations.




- I I1 U I -11


gromuds of race, creE color sx, or national origin, and shall observe ail of the provisios of Titl VI o
thc Civil Rights Actof 1964 (7B StaL 252; 42 USC 2000(d) et se.) and Title Oofdt Virgin islands
Code. Theparis sll tak positive acionto ensure thall appica sfor e=mpltr or tiipatin
in ny activities pursaant to tis Agreemen shall be employed or involved without regard to race, cd,
color, sex, or nation onl rigi

15. INTEREST OF MEMBERS OF CONGRESS: No member of or delegate to Congress, or Resident
Commissioner or elected offcil of the Government of the Virgin Islands sha be admitted to ay share
or part of this Agre~wa or o any benefit that may arise thefrom

16. LOBBY PROHIBITION: The parties wilt abide by the provisins of Section 1913 (Lobbyig with
Appropriatd Monies) of Tle 18, Under States Cod which states:

No part of the money apprriated by anh acment of Cnc ess sha in the absence of exp
authorzation by Cagress, be used directly or indirectly to pay Er any personal service, advcrtisweut,
tdelgr, tichone, letr, priced or writn matter, or other devis intended or designd to irnln in
any manner a Member of Cuoess to fvor or oppose; by vote or othr-wise, any U mislatiw or
appropriation by Conges, whefer before the introduction of any bin or resolution proposing such
legislaon or appropriation but his shall nt prevt off rs or plays of the United States or its
deprtmmts r agei frima ia nin gto M nbms ofCongrasanrtherotfayMembasof
Congress, through te proper official chapels, request for egislaion or ppfopmtims whic tey
dean ne~ ary for th efficiwt ciadct ofpublib business

This bAgrenen, replacingthe Agra t of JuS 27,1997, and succeding m dmrne shallbecane f et
p the approval of the Goernor, ad shall reIain i eaect until such date which may be agreed to by written
cos of a the pardiessbsnm t to the date of dhis Agremn T hw Agreenn t may be modified also by
writ= coasant of all the pamrtie to movr any questis mhich may arie subsequent to the dat o thispA
Th Agma t ay be t stinated milaiquily by my aoft fi siia g p rm wpnity 30) das writmmato )
all te other parties. At that ti, he EFLHD is responsible for c plating that.phas (di or asnctin) of
wok courready f-nded aid alerway nlies some Other agrment is reached.






IN WITNESS THEREOF, the pearics have caused this Agrement to be exmuted by their duly authorized


Way%3 D. CalRtod, Commissione
Dqparumnt of Public Works
Govermnst o flhc U.S. Vrgin J


~Lt4J~


Lubin Quinoncas V
FHWA TDvision Administralor
Puerto Rico.Divison


Md6 L Ridkor
FHWA Divisin Enginer
Easten Fedal Lands Highway Division


APPROVED:

2" risen
'5L l 4 r 1


Charles W.,Turabul
Goror, Gonramt of the U.S. Virgin lands

Rviewd bythe Departmetm of Jtia firl l Suffiiency


ALachment (Poesible Devopmental Opportuaitics)


Date. 4/ z3-





Date: ^-^-i r






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Dte: LJl


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POSSIBLE DEVELOPMENTAL OPPORTUNITIES
Attachment


Design Eaginr/Tecch ician: This ouline is designed to develop Highway Eungmrs and Civil Engineering
Techicians in the general are of highway design and design contract administration. TheDPW emplyes will
lean the following:

1. Geomtric Design This consists of applying the primary concepts of geometric design of
highway facilities, including huiontal and vertical alignmet, cross-section elements,
intsecton design, sigh distance, clear z~e airia, design excpt nd mmdtin of
pedestrians, bicycles, and the handcappe Iterpret and use the AASHTO Green Book,
Roadsid Design Guide, MUTCD, and Highway Capacity Manual.

2. Drainage Desiga This casists of applg and interpreting the concerts of the Highway
Drainage Design Manls (EC-1, HEC-2, et.) to calklfate drainage areas and determining
design flows to size culvcris and chatmns.

3. PS&E Peparation This cinsiss of evaluating and developing plans, spcifica s and
estimates (PS&E) packages to debmin if all required ememts a.eprded asm ar curately
presented, including giral sit requirements, typical section, plans and profiles, cross
sections, speal fiurCes, specification ad cost estimates.

4. Conracting Offiers Tcd icu .Rprsc~tative (COTR) This mist of formal dasroom
training in the duties esaspsibihitiis, and mthtity of a COTR wth respect to the design
contracL

5. Eavirom tal Campiance This trsists of an i roductioa to the National Envirommntal
Policy Act,Hs ~P~ee Act, EAdanusd Specis Act Clea Air Act CknWatrAP
and Section 4(1) and th review and impklntat of the different classilications of
_irv meta! docments.

6. Cuomnper Appiicatios -This consists of on the job training to u CADD and oth cmpter
applications for PS&E development.

Construction Prqjea Engianesffedwniciman This outli is deigned to develop Highway Engirs and Civil
Egineeing Tech icians in the general area of highway ccusttio~ contract administration. The DPW
employees will learn the following:

1. Cotracting Offica's Tcdmial Reprsesaaive (COTR) This sis of formal classroom
gaining in tb dartis, rcspoasibilitis, and aihoy of a COTR withrespect to tdie astu m
contract (Contrat Plans, Specifications, and Spcial Contract Requirement~),

2. Project Reon Keeping This consists of hands on trading relative to keeping proper prjct
records (nspectr's Daily Reports, Prject Diaries, Maarial Quantity Records, and progress
estimates).

3. Matrals Testing ad Sampling This cnsit of o the job training in t propw methods of
material sampling, frequency of sample, and material pay facts based on the quality and
consistncy oftyhemateralbeing tested The trading will cove how to kee proper materials








re-sters, material certicationos, and conduct material testing.


4. Ptject Traffic Safay This wonigs of both on he job and posibly deassrom trading in ihe
proper methods of tolling project traffic relative to setting up ane closures, shoulder
closes, and flagging traffic

5. Asphalt Ccrt-le Pavewat This consists of botb on fte job and possibly dassrHom tmra g in
the mix design and p oannt of asphat m tte pavement. The training wil cover the popr
mix material proprtis, he methods of placement required to achieve a qualiyproduct (proper
paving machine and roller aoprmions).

6. Pomrland Ccal Concrt This casts of both mn thjob and possibly classrm racing in
th mi design and placement of pottand camit conrete. The training will cover the pmper
mix mateia properties (inchding adnixsts), the ntods ofpant adcuing rir d to
achieve a quty produce This training wi include structural canreaan paep n, nd
ainor crncrewt smructtms.




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