1-ATTACHMENT A ARLE Grant Agreement with SWT.pdf

ATTACHMENT A

AUTOMATED RED LIGHT ENFORCEMENT GRANT PROGRAM AND

AUTOMATED SPEED ENFORCEMENT PROJECT FUNDING AGREEMENT —

INDIVIDUAL PROJECTS

This Automated Red Light Enforcement Grant Program/Automated Speed

Enforcement Project Funding Agreement is between the Commonwealth of Pennsylvania

(“ Commonwealth” ), Department of Transportation (“ PennDOT” ), and the South

Whitehall Township, a political subdivision duly and properly formed under the laws of the Commonwealth of Pennsylvania, acting through its proper officials (“ Sponsor” ).

This agreement is pursuant to 75 Pa. C.S. § 3116, relating to automated red light enforcement systems in first class cities, and 75 Pa. C.S. § 3370, relating to a pilot program for automated speed enforcement system on a designated highway. The fines imposed for violation of these sections, after deduction of operation and maintenance costs, shall be remitted to PennDOT for deposit into a restricted receipts fund in the Motor License

Fund. Section 3116(l)(2) of the Vehicle Code provides that PennDOT shall use the fines to develop, by regulation, a Transportation Enhancements Grant Program, and Section

3370(m)(2) of the Vehicle Code provides further that PennDOT shall use the fines under this section for the Transportation Enhancements Grant Program established by Section

3116 (collectively “ Program” ).

PennDOT regulations setting forth the requirements, criteria, and procedures applicable to projects funded through the Program are under 67 Pa. Code Chapter 233.

The Program is 100% state-funded from a separate restricted account (Appropriation 244)

Agreement No..: C920003073

Project Title: Hamilton Blvd. (SR 222) and Lincoln Ave. Intersection Improvements

SAP Vendor No..: 138792

County: Lehigh MPMS No.: 121208

Total Grant Amount Not to Exceed:

$554,855.31

Funding Source: ARLE within the Motor License Fund and is distinct and separate from the federally-funded

Transportation Enhancements Program administered by PennDOT. Local governments, planning organizations and Commonwealth agencies are eligible to serve as sponsors for projects funded through the Program. The projects eligible for funding are those that improve highway safety and mobility and reduce congestion. PennDOT may or may not fully fund the entire cost of a project approved for participation in the Program. Even though matching funds are not required, the Sponsor will be financially responsible for any costs not covered by state funding.

The parties, intending to be legally bound, agree as follows:

1. GENERAL PROVISIONS

(a) Project Defined. PennDOT, following review of the Sponsor's application, has selected its project, more fully described below, for participation in the

Program and has extended an offer of funding to it. The Sponsor has signified its willingness to participate in the Program in accordance with the terms, conditions and provisions set forth below, by accepting the offer and entering into this agreement. The Project consists of the Scope of Work attached as Exhibit A. The Project was competitively selected, and therefore

PennDOT shall not allow substantial scope changes or substitute projects after an award is made.

(b) Scope of Project. The Sponsor shall complete the preliminary engineering, including environmental studies, final design, utility relocation, right-of-way acquisition, construction, and construction inspection, as outlined in this agreement, and the Scope of Work, attached as Exhibit A, for the Project undertaken in accordance with policies, procedures and specifications prepared or approved by PennDOT and the conditions of this agreement.

(c) Order of Precedence. If there is ambiguity or inconsistency between the agreement and the attached exhibits, the terms and conditions in this agreement shall have precedence to the extent of the ambiguity or inconsistency.

2. PROJECT COST ESTIMATE.

PennDOT is awarding, and the Sponsor is accepting, a grant in the amount of $554,855.31. The Project Cost Estimate, attached as Exhibit B, sets forth the total estimated cost of the Project.

(a) Maximum Amount of Reimbursement. The maximum amount of reimbursement to the Sponsor is $ 554,855.31 , or 93.10% of the actual

Project cost, whichever is less. The Sponsor is responsible for all Project costs exceeding the grant amount.

(b) Fully Executed Amendment. All changes to terms and conditions of this agreement, with the exception of Sections 3 and 24, must be in the form of a fully executed amendment signed by the same entities that executed the original agreement.

3. TERM AND TERMINATION

(a) Effective Date. The Effective Date will be the date that this agreement is fully executed by the Sponsor and PennDOT and all approvals required by

Commonwealth contracting procedures have been obtained, as indicated by the date of the last Commonwealth signature. Following full execution, the Effective Date will be included on the e-signature page which will be attached below.

(b) Milestones. The Project funding begins on the Effective Date and ends on the Agreement Expiration Date shown below.

(i) Pre-construction. Pre-construction activities (preliminary engineering, final design, right-of-way acquisition, and utility work; collectively “ Final Plans” ) may begin on the Effective Date.

PennDOT will notify the Sponsor of the Effective Date, which shall serve as notice to proceed with pre-construction activities.

(ii) Construction. Construction activities shall not begin until

PennDOT approves the Final Plans and gives the Sponsor written authorization to proceed. The Sponsor shall complete all physical work under this agreement no later than three years from the

Effective Date defined in Section 3(a) above, unless extended by a letter at PennDOT’ s discretion prior to the required completion date.

(iii) Agreement Expiration Date. The agreement will expire upon payment of the Final Invoice as defined in Section 10(i) below, or

42 months from the Effective Date defined in Section 3(a) above, whichever occurs first.

(c) Extensions. The Project completion date may be extended by letter of adjustment at PennDOT’ s discretion before the Agreement Expiration

Date. If PennDOT determines that the Project completion date and

Agreement Expiration Date should be extended, PennDOT will extend such dates by sending the Sponsor notification via a letter of adjustment.

A sample Letter of Adjustment is attached as Exhibit C. The letter of adjustment is not effective until duly authorized representatives of

PennDOT, the Grantee, and the Office of Comptroller Operations sign and date the letter of adjustment. If a deadline is not met or extended, PennDOT may (i) suspend payment of the grant funds until the

Completion of Construction is achieved or (ii) terminate this agreement in accordance with Subsection (g) below.

(d) Prompt Completion. PennDOT will not make any payments after the

Agreement Expiration Date.

(e) Termination of Convenience. Either party has the right to terminate this agreement for convenience prior to the start of Pre-construction

Activities, and not after, by providing written notice to the other party.

(f) Termination for Lack of Funds. PennDOT may terminate this agreement if it does not receive the necessary state funds allocated for the Project. PennDOT will provide the Sponsor written notice of the termination and state the Effective Date of the termination. PennDOT will reimburse the Sponsor for all eligible work performed under this agreement up to the date of termination. The Sponsor shall submit invoices for work completed prior to the termination date within 30 days after the termination date.

(g) Termination for Cause. PennDOT may terminate this agreement if the

Sponsor materially breaches this agreement and the breach is not cured within 15 days after written notice was provided to the Sponsor.

Termination will be effective at the end of the 15-day period unless the

Sponsor cures the breach (or, in the case of a breach incapable of cure within that period, the Sponsor provided a written plan to cure the breach as soon as practicable, together with an undertaking to carry out the plan). If this agreement is terminated for cause before the Project is completed, PennDOT, at its discretion, may reimburse the Sponsor for any incurred costs. Sponsor shall reimburse PennDOT, if requested, for costs incurred by PennDOT for the Project up until the date of termination of this agreement.

(h) Abandonment or Postponement of Project. If the Sponsor abandons or indefinitely postpones the Project, the Sponsor may terminate this agreement by sending PennDOT a 30-day written notice of termination.

If the Sponsor terminates the agreement, the Sponsor shall reimburse

PennDOT for all costs incurred by PennDOT for the Project up until the date of termination. PennDOT may consider lack of activity on the

Project by the Sponsor or failure to pay its contractor(s) or consultant(s) as reason for it to terminate for cause under Subsection (g).

(i) Accrued Rights and Obligations. Termination shall not release either party from liability which has already accrued to the other party at the time of termination or which is attributable to a period before termination, nor preclude either party from pursuing rights and remedies it may have with respect to any breach of this agreement.

Exhibit F (relating to indemnification) shall survive the expiration or termination of this agreement for any reason.

4. DESIGN

(a) Sponsor’ s Responsibility for Design. The Sponsor, with its own forces or by contract, shall design the Project. The design shall be in accordance with

67 Pa. Code § 233.10 and such other standards, criteria, policies, and procedures as PennDOT may issue from time to time relating to projects funded by the Program.

(b) Design Approval. The Sponsor shall secure all necessary approvals, permits and licenses from all other governmental agencies, as may be required to complete the Project. This obligation includes, where necessary, preparing or revising environmental reports or other documents required by law, environmental litigation, or both; and the defense of environmental litigation resulting from the planning, design, or construction of the Project.

At PennDOT’ s request, the Sponsor, prior to advertising and letting the

Project, shall furnish PennDOT with evidence of the approvals and permits, licenses and, where necessary, approved environmental documents.

5. UTILITY, RIGHT-OF-WAY AND PUC MATTERS

If the Project involves utility relocation, right-of-way acquisition or application to the Pennsylvania Public Utility Commission (“ PUC” ), the Sponsor shall proceed in accordance with the standards and criteria contained in Publication 740 and any

PennDOT policies, publications, manuals, or other documents applicable to these matters.

6. AVAILABILITY OF MUNICIPAL FUNDS

(a) Availability of Sponsor’ s Funds. The Sponsor, by executing this agreement, certifies that it has on hand, or will obtain over the life of the

Project, sufficient funds to meet all of its obligations under the terms of this agreement. Further, the Sponsor, and not PennDOT, shall provide all funds needed to pay any costs incurred in excess of those costs eligible for state assistance and shall bear such excess costs. The Sponsor is solely responsible for 100% of this portion of the total Project costs. The Sponsor may use any combination of funds from its own budget, outside sources, or both, whether public or private.

(b) Liquid Fuels Tax Fund Account. The Sponsor may use moneys from its

Liquid Fuels Tax Fund account for payments to contractor(s), consultant(s) or vendor(s) (collectively, “ Project subcontractors” ) prior to seeking reimbursement from PennDOT, subject to the following conditions:

(i) The activity or item shall be otherwise eligible as a Liquid Fuels Tax

Fund expenditure, in accordance with the relevant statutes governing allocations to and expenditures from the Liquid Fuels Tax

Fund account; 67 Pa. Code Chapter 449, relating to Liquid Fuels Tax

Funds; and Publication 9; and

(ii) Following reimbursement by PennDOT, the Sponsor shall promptly repay its Liquid Fuels Tax Fund account in an amount equal to the amount of Liquid Fuels Tax Fund moneys expended and shall provide PennDOT with documentation evidencing the repayment.

7. CONTRACT DEVELOPMENT

(a) Bid Package. The Sponsor, by contract or with its own forces, is responsible for all work involved with contract development, including preparation of all plans, specifications, estimates (“ PS&E” ) and bid proposal documents required to bid the Project. Exhibit D, attached to and made a part of this agreement, lists the documents that may be required for the bid proposal.

All work shall conform with applicable state laws and requirements including, but not limited to, those outlined in the most current version of

Publication 9.

(b) Bid Package Review and Approval. The Sponsor, upon completion, shall submit all required bid documents to PennDOT for review and approval.

PennDOT will issue an authorization to advertise for bids, upon:

(i) Approval of a right-of-way certification (if applicable);

(ii) Approval of a Utility Clearance Assurance Statement (if applicable);

(iii) Completion of the PS&E review; and

(iv) Satisfactory resolution of any comments.

(c) Addenda. PennDOT, prior to issuance to prospective bidders, will review and approve any addenda to the approved bid documents.

(d) Prequalification. All bid documents must require that the contractor be prequalified by PennDOT pursuant to 67 Pa. Code Chapter 457, Prequalification of Bidders, and that the contractor use only PennDOT-certified materials.

(e) Additional Insured. All bid documents must require that the prospective bidders name the Sponsor as an additional insured on the certificate of insurance.

8. CONSTRUCTION LETTING AND AWARD

The Sponsor shall advertise for bids, open bids, and award the construction contract in its own name, in accordance with applicable federal and state laws, PennDOT policies and requirements applicable to projects not administered in PennDOT’ s

Engineering and Construction Management System (“ ECMS” ). The Sponsor shall execute the contract and issue the notice to proceed.

9. CONSTRUCTION INSPECTION

(a) Inspection Responsibilities. The Sponsor, with its own forces or by contract, shall provide staff to inspect and supervise adequately all construction work in accordance with the approved plans and specifications, including, but not limited to, the most current version of

PennDOT Publication No. 408, Specifications, and its amendments and supplements. The Sponsor shall provide the proper supervision and construction inspection to ensure that all work is in accordance with the most current version of Publication 9. PennDOT, based on requirements of the most current version of PennDOT Publication 740, will determine the level of inspection and the number of inspectors required for each project, as well as the qualifications required for the Sponsor’ s inspectors. Normally at least one full-time inspector is required for each project. PennDOT will oversee the Project but will not provide these inspection services, except for inspection of work performed on state highways, which PennDOT will conduct with its own forces or by contract.

(b) PennDOT’ s Right to Inspection. In addition to the inspection services that the Sponsor shall provide pursuant to Subsection (a) above, PennDOT, another agency of the Commonwealth, or both, or a person designated or authorized by PennDOT shall have the absolute right to conduct, without notice, inspections related to the Project in accordance with 67 Pa. Code §

233.12, relating to inspections. Furthermore, PennDOT has the right to conduct additional Project-related inspections and testing as otherwise provided in the regulations.

10. PAYMENT PROCEDURES AND RESPONSIBILITIES

(a) Payment. Subject to the terms set forth in this agreement and the requirements of 67 Pa. Code § 233.13, relating to payment procedures, and in conformance with the policies adopted by PennDOT, PennDOT, from funds allocated by the General Assembly for the Program, will make payment to Sponsor for the allowable costs of the Project. Exhibit A sets forth the Project estimated costs and the amount of financial assistance being provided under the Program. As provided in 67 Pa. Code § 233.9(c), relating to grant conditions, the assistance provided may or may not fully fund the entire costs of the Project.

(b) Payment Requests. The Sponsor shall submit to PennDOT payment requests for the following items:

(i) Allowable costs for work performed by the Sponsor’ s forces on the

Project;

(ii) Work performed on the Project by the Sponsor’ s contractor(s) or consultant(s);

(iii) Materials, supplies and equipment provided for the Project by vendors; and

(iv) Allowable costs incurred in the acquisition of right-of-way, utility relocations or both, if the Project involves these activities and

Program funding assistance is being made available for them.

(c) Invoice Documentation. Payment requests shall be limited to one request per month. Sponsor shall submit itemized invoices and include actual cost documentation, consisting of approved contract estimates of work-in-place, approved invoices or other evidence of incurred costs, satisfactory to

PennDOT. Payment requests must be submitted using the forms, systems, and procedures identified on the PennDOT Traffic Signal Portal

(www.dot.state.pa.us/signals).

(d) Project Subcontractors Invoices. The Sponsor is obligated to submit to

PennDOT invoices from its Project subcontractors as it receives them, in accordance with the submission schedule set forth above, to assure prompt payment of the Project subcontractors for work performed and materials supplied to date. The Sponsor shall, within ten calendar days of receipt of funds from PennDOT, make payments to Project subcontractors for services and materials properly invoiced under the Project. The Sponsor shall provide to PennDOT, within 30 calendar days of receipt of award fund, by way of supporting documentation, verification of payment of Project subcontractors by means of a copy of the cancelled check or a certified letter from Project subcontractors acknowledging payment.

http://www.dot.state.pa.us/signals)

(e) PennDOT’ s Share of Project Costs. Following review and approval of the payment request, PennDOT will pay the Sponsor for PennDOT’ s share of allowable Project costs.

(f) Sponsor’ s Share of Project Costs. The Sponsor shall pay PennDOT’ s share and, to the extent that PennDOT is not fully funding the entire costs of either the Project itself or a particular phase of the Project, the Sponsor’ s share of these costs to its Project subcontractors within ten calendar days from receipt of PennDOT’ s payment; but the final ten percent of the total payment shall not be paid by the Sponsor until final inspection and approval of the Project. The Sponsor, as part of its record-keeping obligation, shall maintain records of receipt and payment of such funds.

Failure to comply with this Subsection or the requirements of Section 10, shall constitute a default. If the Sponsor is a political subdivision, PennDOT has the additional right to invoke Section 16 below, relating to withholding of Liquid Fuels Funds.

(g) Excess Costs. The Sponsor is responsible for all costs not paid for or reimbursed by PennDOT with Program funds, including, but not limited to the following:

(i) Any costs relating to or resulting from changes made to the approved plans or specifications;

(ii) Time delays and extensions of time or termination of construction work;

(iii) Interest for late payments;

(iv) Interest incurred by borrowing money;

(v) Unforeseen right-of-way and other property damages and costs resulting from the acquisition or condemnation, or both, of lands for the Project or the construction of the improvements;

(vi) Unforeseen utility relocation costs;

(vii) Unforeseen costs for environmental litigation and reports; and

(viii) All other unforeseen costs and expenses not included in the estimates of preliminary engineering, final design, utility relocation, right-of-way acquisition and construction costs, but which are directly related to or caused by the planning, design or construction of the Project.

This provision shall not preclude the Sponsor from modifying the scope of the Project, with the approval of PennDOT, in the event that the costs exceed the available funds.

(h) Additional or Extra Work. PennDOT will not reimburse the Sponsor for additional or extra work done or materials furnished if not specifically provided for in the approved plans and specifications, unless PennDOT has issued prior written approval of the additional or extra work or materials.

If the Sponsor performs any work or furnishes any materials without

PennDOT’ s prior written approval, the Sponsor does so at its own risk, cost and expense. The Sponsor shall not interpret PennDOT’ s approval as authority to increase the maximum amount of state assistance in Section

2(a) above.

(i) Final Invoice. The Sponsor shall submit its final invoices for reimbursement, of the items set forth in Subsection (b) above to PennDOT within six months of the completion of all physical work as referenced in

Section 3, unless extended by letter at PennDOT’ s discretion prior to the end of the six-month period. If the Sponsor fails to submit its final invoices within this six-month period, it forfeits the right to all remaining state financial participation in the Project. After payment of the final invoices submitted for reimbursement, PennDOT will send a notification to the

Sponsor and liquidate any remaining grant funds, and Sponsor shall not be able to request additional reimbursement.

(j) PennDOT Right to Validate Disbursement of Funds. Prior to the disbursement of funds, PennDOT may conduct inspections, testing, review or audit records of accounts to validate, to the satisfaction of PennDOT, that the disbursement of funds is warranted.

11. RECORDS AND AUDIT REQUIREMENTS

The Sponsor shall comply with the recordkeeping and audit requirements prescribed by 67 Pa. Code § 233.11 and shall allow PennDOT or any other authorized representatives of the Commonwealth access to its books, documents, papers and records pertinent to this Project for purposes of audit and examination during the Project construction period and thereafter for the period specified by the regulation. Time records for personnel performing any work shall account for direct labor performed on the Project as well as the time of any personnel included in the computation of overhead costs. In addition, the Sponsor shall keep, and shall require its contractor(s), to keep, a complete record of time for personnel assigned part-time to the Project. A record of time limited to only their work on this Project will not be acceptable. The Sponsor shall include in any contract into which it enters with respect to the Project a clause allowing PennDOT or any other authorized representatives of the Commonwealth access to the records of the Sponsor’ s contractor or vendor for purposes of accounting and audit.

12. ABANDONMENT OR POSTPONEMENT OF PROJECT

If the Sponsor abandons or indefinitely postpones the Project, it may terminate this agreement by sending PennDOT a 30-day written notice of termination, with the understanding that, since PennDOT will not participate in any costs of a Project that is not completed and since PennDOT must be reimbursed for all costs incurred by it for the

Project, the Sponsor must reimburse PennDOT accordingly. Furthermore, PennDOT itself may consider the Project to be abandoned because of lack of activity on the Project by the

Sponsor or failure to pay its contractor(s) or consultant(s). In either case, the Sponsor shall reimburse PennDOT, within 30 days of receipt of a statement from PennDOT, in an amount equal to the sum of (i) all state funds received by the Sponsor for redeposit into

Appropriation 244 of the Motor License Fund and (ii) all costs incurred by PennDOT under this agreement prior to receipt of notice of termination that have not been reimbursed by the Sponsor.

13. MAINTENANCE AND OPERATION OF IMPROVEMENTS

A. Maintenance and Operation Requirements. For improvements situated within local roads and rights-of-way, the following requirements apply:

(1) Sponsor’ s Responsibilities. The Sponsor, at its sole cost and expense, shall operate and maintain all of the completed improvements financed under this agreement. The Sponsor shall establish a formalized maintenance program to ensure an acceptable level of physical integrity and operation consistent with original design standards. The Sponsor certifies that it shall make available sufficient funds to provide for the described maintenance program. This maintenance program shall include, but not be limited to, the following activities:

(a) Periodic inspections;

(b) Functional review of traffic operations;

(c) Appropriate preventative maintenance, which shall include, where applicable, cleaning, lubricating and refurbishing of electrical equipment;

(d) A systematic record-keeping system; and

(e) A means to handle the notification and implementation of emergency repairs.

As part of this required maintenance program, the Sponsor shall establish or maintain, if it is not doing so already, a functional traffic engineering unit in conformity to Exhibit E, attached to and made a part of this agreement.

As used in this exhibit, the term “ MUNICIPALITY” refers to the Sponsor.

(2) No Exemption from Compliance. The existence of functioning maintenance and operation services shall not exempt the Sponsor from complying with the provisions of the Vehicle Code (75 Pa. C.S. § 101 et seq.), as amended, pertaining to traffic control devices, or with applicable provisions of the State Highway Law (36 P.S. § 670-101 et seq.), as amended.

(3) Enforcement of Statutes, Regulations or Ordinances. Each party shall administer, enforce, and maintain any statutes, regulations or ordinances within its jurisdiction necessary for the operation of the improvements, including parking regulations and traffic controls as necessary. The enforcement obligations relating to the regulations are governed by the statutes of the Commonwealth of Pennsylvania, and more particularly by those statutes relating to municipalities; the Vehicle Code, as amended; and the State Highway Law of 1945, as amended, as well as those ordinances, rules and regulations issued by appropriate governmental agencies in implementation of these statutes.

(4) Failure to Maintain. The Sponsor acknowledges that PennDOT may disqualify the Sponsor from future state participation on Sponsor-maintained projects if the Sponsor fails to:

(a) Provide for the proper maintenance and operation of the completed improvements; or

(b) Maintain and enforce compliance with any statutes, regulations or ordinances under its jurisdiction necessary for the operation of the improvements.

(5) Withholding State Funds. PennDOT shall withhold state funds until one or both of the following (as applicable) have taken place:

(a) The Sponsor has corrected the maintenance and operation services to a condition of maintenance and operation satisfactory to

PennDOT.

(b) The Sponsor has brought the traffic operations on the improvements, including enforcement of statutes, regulations or ordinances, up to a level satisfactory to PennDOT.

(6) Reimbursement from Railroad or Other Party. This agreement is without prejudice to the right of the Sponsor to receive reimbursement for maintenance costs from any railroad or party other than PennDOT, if so ordered by the PUC, where a rail-highway crossing bridge is under the jurisdiction of the PUC.

B. Improvements Situated Within PennDOT Roads and Right-of-Way. For improvements situated within PennDOT roads and rights-of-way, PennDOT, as the entity exercising authority and jurisdiction over those roads and rights-of-way, will operate and maintain all of the completed improvements financed with Program funds as part of the state highway system, consistent with the requirements of the Vehicle Code, as amended; the State Highway Law of 1945, as amended; and Commonwealth regulations; provided, however, that the following requirements shall apply to the following specific types of improvements:

(1) Signalization. All traffic signals shall be operated by the Sponsor, pursuant to a separate traffic signal maintenance agreement between PennDOT and the Sponsor and a traffic signal permit issued by the PennDOT to the

Sponsor. If there are official traffic-control devices other than traffic signals, the Sponsor shall operate them in accordance with the approvals or authorizations issued by PennDOT to the Sponsor.

(2) Curbing, Sidewalk, and Other Improvements. Maintenance responsibility for curbing, sidewalks and other improvements situated beyond the curb face or curb lines shall be in accordance with the current version of

PennDOT Publication No. 23, Maintenance Manual.

(3) Drainage Improvements. Maintenance responsibility for drainage improvements shall be in accordance with the current version of PennDOT

Publication No. 23, Maintenance Manual.

(4) Crosswalks. The Sponsor shall be responsible for maintenance of crosswalks. In addition, the Sponsor shall be responsible for maintenance of PennDOT’ s roadway on either side of the crosswalk for such distance as

PennDOT shall prescribe.

14. COMPLIANCE WITH LEGISLATION, REGULATIONS, AND POLICIES.

The Sponsor shall comply with all laws, regulations, and applicable policies when undertaking the Project, including the following:

(a) Federal Statutes and Regulations. The Manual on Uniform Traffic Control

Devices (MUTCD), approved by the Federal Highway Administrator as the

National Standard in accordance with Title 23 U.S. Code, Sections 109(d), 114(a), 217, 315, and 402(a), 23 CFR 655, and 49 CFR 1.48(b)(8), 1.48(b)(33), and

1.48(c)(2);

(b) Pennsylvania Statutes and Regulations. The Pennsylvania Vehicle Code (75

Pa. C.S. §§ 3111 – 3115 and §§ 6101 – 6129), PennDOT Regulations (67 Pa. Code

§§ 205 and 212), and the Pennsylvania Prevailing Wage Act (43 P. S. §§ 165.1 —

165.17);

(c) Steel Products. Steel products used in the Project must comply with the Steel

Products Procurement Act (73 P. S. §§ 1881 — 1887); and

(d) PennDOT Policy.

(i) PennDOT Publication 13M (Design Manual 2: Highway Design);

(ii) PennDOT Publication 35 (Bulletin 15 - Approved Construction

Materials);

(iii) PennDOT Publication 46 (Traffic Engineering Manual);

(iv) PennDOT Publication 72M (Roadway Construction Standards);

(v) PennDOT Publication 111 (Traffic Control Pavement Marking and

Signing Standards);

(vi) PennDOT Publication 148 (Traffic Standards [TC-8800 Series]

Signals);

(vii) PennDOT Publication 149 (Traffic Signal Design Handbook);

(viii) PennDOT Publication 191 (Traffic Signal Maintenance Manual);

(ix) PennDOT Publication 213 (Temporary Traffic Control Guidelines);

(x) PennDOT Publication 236 (Handbook of Approved Signs);

(xi) PennDOT Publication 408 (Highway Specifications);

(xii) PennDOT Publication 669 (Traffic Signal Inspection Pocket Guide);

(xiii) PennDOT Traffic Engineering Forms; and

(xiv) All active PennDOT Strike-Off Letters.

15. DIVERSE BUSINESS PARTICIPATION FOR NON-FEDERAL-FUNDED

PROJECTS.

If the Sponsor is a local transportation organization (as defined pursuant to 74

Pa.C.S. § 303(b), which includes, but is not limited to municipalities functioning as transit providers), the Sponsor shall comply with Section 303 of Title 74 of Pennsylvania Statutes, 74 Pa. C.S. § 303 (diverse business participation).

16. WITHHOLDING OF LIQUID FUELS FUNDS (POLITICAL SUBDIVISIONS

ONLY)

If the Sponsor is a political subdivision and it fails to perform any of the terms, conditions or provisions of this agreement, including, but not limited to, any default of payment for a period of 30 days, the Sponsor authorizes PennDOT to withhold so much of the Sponsor’ s Liquid Fuels Tax Fund allocation as may be necessary to complete the

Project or reimburse PennDOT in full for all costs due under this agreement; and the

Sponsor authorizes PennDOT to withhold such amount and to apply such funds, or portion of those funds, to remedy such default.

17. REPORTING REQUIREMENTS – TRAFFIC SIGNALS

The Sponsor shall comply with the reporting requirements contained in PennDOT

Publication 191 (Traffic Signal Maintenance Manual) for the life of traffic signal equipment installed by the Project. At the completion of the Project, Sponsor shall update

PennDOT's Traffic Signal Asset Management System (TSAMS) to indicate any traffic signal work was completed in accordance with this agreement.

18. REQUIRED COMMONWEALTH PROVISIONS

The Sponsor shall comply with the Commonwealth Standard Terms and

Conditions (Grant Version), which are attached as Exhibit F and includes the following required Commonwealth Provisions. As used in these provisions, the terms “ Contractor” and “ Grantee” mean the Sponsor:

a. Indemnification;

b. Nondiscrimination/Sexual Harassment;

c. Grantee Integrity;

d. Contractor Responsibility;

e. Americans with Disabilities Act;

f. Applicable Law and Forum;

g. Right-to-Know Law;

h. Offset;

i. Automated Clearing House (ACH) Payments; and

j. Worker Protection and Investment.

19. SEVERABILITY

The provisions of this agreement are severable. If any phrase, clause, sentence or provision of this agreement is declared to be contrary to the Constitution of Pennsylvania or of the United States or of the laws of the Commonwealth and its applicability to any government, agency, person or circumstance is held invalid, the validity of the remainder of this agreement and its applicability to any government, agency, person or circumstance will not be affected.

20. NO WAIVER

Either party may elect not to enforce its rights and remedies under this agreement in the event of a breach by other parties of any term or condition of this agreement. In any event, the failure by either party to enforce its rights and remedies under this agreement may not be construed as a waiver of any subsequent breach of the same or any other term or condition of this agreement.

21. INDEPENDENCE OF THE PARTIES

Nothing contained in this agreement is intended or may be construed to, in any respect, create or establish the relationship of partners between the Sponsor and

PennDOT, or as constituting PennDOT as the representative or general agent of the

Sponsor.

22. ASSIGNMENT

This agreement may not be assigned, either in whole or in part, without

PennDOT’ s written consent.

23. NO THIRD-PARTY BENEFICIARYRIGHTS

The parties to this agreement understand that this agreement does not create or intend to confer any rights in or on persons or entities not a party to this agreement.

24. NOTICES

All notices and reports arising out of, or from, the provisions of this agreement must be in writing and given to the parties at the address provided under this agreement, either by regular mail, e-mail, or delivery in person:

If to PennDOT:

Steve Gault, P.E.,PTOE Chief, TSMO Arterial & Planning Section Bureau of Operations, Department of Transportation 400 North Street, 6th Floor Harrisburg, PA 17120-0064 ARLE@pa.gov

If to Sponsor:

Thomas Petrucci South Whitehall Township 4444 Walbert Avenue Allentown, PA 18104 petruccit@southwhitehall.com

(610) 398-0401 or to such other person or address as the parties may provide to each other in writing.

mailto:ARLE@pa.gov mailto:petruccit@southwhitehall.com

25. FORCE MAJEURE

Neither party will be liable for failure to perform under this agreement if a failure to perform arises out of causes beyond the control and without the fault or negligence of the nonperforming party. Causes may include, but are not limited to, acts of God or the public enemy, fires, floods, epidemics, quarantine restrictions, freight embargoes, and unusually severe weather. This provision will become effective only if the party failing to perform immediately notifies the other party of the extent and nature of the problem, limits delay in performance to that required by the event, and takes all appropriate steps to minimize delays. This provision will not be effective unless the failure to perform is beyond the control and without the fault or negligence of the nonperforming party.

26. INTEGRATION AND MERGER

The parties intend this statement of their agreement to constitute the complete, exclusive, and fully integrated statement of their agreement. As such, it is the sole expression of their agreement, and they are not bound by any other agreements of whatsoever kind or nature. The parties also intend that this agreement may not be supplemented, explained, or interpreted by any evidence of trade usage or course of dealing. In entering this agreement, the parties did not rely upon oral or written statements or representations not contained within the document itself.

27. COUNTERPARTS PROVISION

This agreement may be executed in counterparts, each of which is deemed an original and has the full force and effect as an original, but all of which constitute one and the same instrument.

[The remainder of this page is intentionally left blank.]

The parties have executed this agreement to be effective as of the date of the last signature affixed below.

ATTEST: SPONSOR

Signature Affixed Electronically – see last page Signature Affixed Electronically – see last page

Title: Date Title: Date

DO NOT WRITE BELOW THIS LINE – FOR COMMONWEALTH USE ONLY

COMMONWEALTH OF PENNSYLVANIA

DEPARTMENT OF TRANSPORTATION

Signature Affixed Electronically – see last page

BY

Division Chief Date

APPROVED AS TO LEGALITY

AND FORM:

Signature Affixed Electronically – see last page

BY

for Chief Counsel Date

Signature Affixed Electronically – see last page Signature Affixed Electronically – see last page

BY BY

Deputy General Counsel Date for Comptroller Operations Date

Signature Affixed Electronically – see last page

BY

Deputy Attorney General Date

AT-89.9

Exhibit A

Project Description

South Whitehall Township is applying for funding through the ARLE program to improve pedestrian and vehicular safety at the intersection of Hamilton Boulevard (SR 222) and Lincoln Avenue. This intersection is located along a recognized high crash corridor located in between the entrance/exit ramps of Interstate 78/State Route 309 and the entrance to Dorney Park & Wildwater Kingdom Theme Park.

The proximity of these nearby entrance points contributes to increased traffic volumes at various times depending on the season. Even though Hamilton Boulevard (SR 222) is classified as a principal arterial road with a speed limit of 45 mph, there is a significant amount of pedestrian traffic during the summer months related to the theme park. Park employees and visitors frequently cross Hamilton Boulevard to enter and leave the park, often attempting to access Lehigh and Northampton Transit Authority

(LANTA) bus stops. The regional draw of Dorney Park & Wildwater Kingdom also attracts many out-of-state tourists who are unfamiliar with the local traffic patterns and roadways. Improvements to this intersection will greatly improve traffic congestion, Township maintenance and operations, and reduce the risk of both vehicular and pedestrian collisions. 70 collisions have been documented at this intersection between 2015 and 2021, while many others are anticipated to be unreported.

The improvements proposed as part of this grant will include modernization of the existing traffic signals and control unit, upgrading the traffic control system phasing, and installing all new traffic signal infrastructure to accommodate these improvements (i.e. new mast arms, signal heads, poles, junction boxes, and video/radar detection systems). To optimize traffic control phasing, the Township will use funding from this grant to integrate this traffic signal into PennDOTs Intelight Maxview ATMS. This will allow South Whitehall to establish predefined action sets which can be triggered remotely to help mitigate traffic congestions during special events, nearby incidents, and peak seasonal hours for the theme park. The Township anticipates needing to establish multiple action sets for this intersection. This grant will support the purchase of necessary software and infrastructure for the Township to connect to

Maxview.

The Township will also utilize funding from this grant to address major pedestrian/transit-user safety concerns at this intersection. As part of this scope, existing pedestrian crosswalks will be repainted with new paint and a design to increase visibility. LED pedestrian signals and push buttons will be installed at crosswalks and the median safety island. New ADA curb ramps will be installed at all crosswalk locations and sidewalks will be extended along Hamilton Boulevard to the east of Lincoln Avenue. These sidewalks will include accommodations for new LANTA bus stop landing pads.

Project Safety Features

The features and improvements proposed in this grant application will improve both pedestrian and vehicular safety through better traffic management, more pedestrian accommodations, and better control of pedestrian movement. The upgraded phasing plan with predefined action sets will help to move traffic through this intersection more efficiently during high-volume times, when drivers are more likely to jump the light. This will greatly improve the Townships management of traffic at this intersection during the summer months when traffic increases from theme park traffic. Beyond better traffic management, the Township will also look at the most effective signal phasing to safely move large numbers of pedestrians through this intersection during special events at Dorney Park.

The pedestrian improvements proposed in this grant will improve both mobility and safety by providing better visibility for crossing pedestrians, more appropriate infrastructure for pedestrians with disabilities, and better management of pedestrian/vehicular flow during high-volume times. Transit uses

PROJECT SCOPE OF WORK

Exhibit A are the most vulnerable pedestrians along this corridor and the integration of new bus pad locations will help direct users to safer locations, while also setting the foundation for future pedestrian/transit improvements along Hamilton Boulevard.

Project Cost Effectiveness

This project will introduce new and integrated technology at this intersection that will greatly reduce both maintenance and ongoing management costs for the Township. This intersection typically requires continuous onsite police or public works involvement during the summer months to assist with traffic management. Once the Township establishes appropriate predefined action sets, it should reduce the frequency of onsite traffic management needed on a regular basis. Upgrading the entire intersection with new infrastructure and technology will also reduce maintenance costs on older equipment.

Project Schedule

The anticipated project schedule (if awarded) will start with Preliminary Design in January and prepare action sets for Maxview integration. Traffic counts will be conducted over a minimum 68-month period in order to understand the seasonal variability and peak event times for Dorney Park & Wildwater

Kingdom. Once traffic counts have been completed, this information will be used to program a series of action sets.

Bidding will occur at the end of 2024, with an anticipated contract award in early 2025. Equipment procurement will occur in the spring of 2025 and construction will occur in late spring/early summer

2025. The Township will work to complete construction in early summer before the peak season for

Dorney Park & Wildwater Kingdom. All documentation and reimbursement forms will be submitted in the second half of 2025.

Site Information: 1

Address:

State:

County:

PA House:

Full-time Jobs

Created:

Intersection of Hamilton Boulevard and Lincoln Avenue

PA

Lehigh

H132

City: Allentown

Zip: 18104

Municipality:

South Whitehall Township

PA Senate: S016

Current Number of Full-time Jobs:

PROJECT SITE LOCATIONS(S)

PROJECT ESTIMATED COSTS

Grant Amount Sponsor Match Subtotals

Total Project Estimate $554,855.31 $41,100.39 $595,955.70

Sponsor Match 6.90%

COUNTY: Lehigh

SPONSOR: South Whitehall Township

PROJECT TITLE: Hamilton Blvd. (SR 222) and Lincoln Ave. Intersection Improvements

Project Agreement. No.: C920003073

Exhibit B

Exhibit C

LETTER OF ADJUSTMENT

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Click or tap here to enter text.

Click or tap here to enter text.

Click or tap here to enter text.

Click or tap here to enter text. PA Click or tap here to enter text.

Re: Click or tap here to enter text.

Click or tap here to enter text.

Dear Sponsor(s):

Per the terms of the subject agreement, PennDOT is extending the Construction Completion Date to Click or tap here to enter text. and the Agreement Expiration Date to Click or tap here to enter text..

We are requesting your concurrence as to the adjustment of the above-referenced agreement. If you agree to the adjustment, please execute this letter.

Your response is required no later than Click or tap here to enter text..

All terms and conditions about the agreement and its amendments (if any) not affected by this Letter of Adjustment remain in full force and effect.

This Letter of Adjustment is not effective until all required signatures are affixed to the e-signature page which will be attached below.

Sincerely, Click or tap here to enter text., Click or tap here to enter text.

Highway Safety & Traffic Operations Division Bureau of Operations

Exhibit C

On behalf of the above-named Sponsor, I agree to the adjustment of the above-referenced agreement. I agree to all terms and conditions included in the subject agreement and all previous amendments, if any.

Signature: [Signature Affixed Electronically – see last page]

Title Date

DO NOT WRITE BELOW THIS LINE--FOR COMMONWEALTH USE ONLY

BY [Signature Affixed Electronically – see last page] for Comptroller Operations Date

Exhibit D

PLANS, SPECIFICATIONS, ESTIMATES AND BID PROPOSAL PACKAGE

A. Plans and Estimates

All Original Plan Sheets

Engineer’ s Pre-Bid Construction Cost Estimate

B. Bid Proposal and Specifications (to prospective bidders)

Standard Proposal/Contract Documents

Proposal Cover Sheet

Bidder’ s Understanding of Conditions Applicable to Proposal

Bid Proposal Guaranty Bond

Bidder Certification of Prequalification, Classification and Work Capacity

List of Subcontractors Signatures (Three (3) Pages)

Special Provisions

Pre-Bid Conference (if any)

Award of Contract

Anticipated Notice to Proceed Date

Sworn Affidavit Act 287 Act 247

Air Pollution Control

Utilities

Specifications General Contract Conditions

Attachments to Bid Proposal and Specifications

Pre-bid Construction Schedule

Notice Prevailing Minimum Wage

Special Supplement—Anti-Pollution Measures

Commonwealth Nondiscrimination/Sexual Harassment Clause

Exhibit E

GUIDELINES TO PREPARING

MUNICIPAL METHOD OF

MAINTENANCE OPERATION AND SERVICES

1. The MUNICIPALITY must provide for the proper maintenance of all completed project(s) under its jurisdiction. To comply with this federal requirement, the MUNICIPALITY shall establish or maintain a functional traffic engineering unit throughout the design life of all projects.

2. A functional traffic engineering unit consists of, at a minimum:

(a) A competent and qualified traffic engineer; and

(b) A maintenance staff with at least one licensed electrician skilled in the operation and repair of traffic signal equipment.

3. To be considered capable of effectively maintaining completed projects, the municipal maintenance staff must be provided with the proper equipment and materials necessary, at a minimum, to:

(a) Repair and replace worn out or damaged signal equipment;

(b) Install new and replace damaged or obsolete traffic signs; and

(c) Install or replace paint and thermoplastic pavement markings.

4. The MUNICIPALITY should evaluate its present and proposed organizational charts to determine if the MUNICIPALITY is capable of providing a functional traffic engineering unit within its government. Guidelines for considering the inclusion of a functional traffic engineering unit have been published by the Institute of Traffic Engineers (“ ITE” ), and should be reviewed by MUNICIPALITY in evaluating their organizational chart. The ITE guidelines make reference to the Model Traffic Ordinance (Uniform Vehicle Code and

Model Traffic Ordinance, published by the National Committee on Uniform Traffic Laws and Ordinances) as being the best method of providing the legal basis for establishing a traffic engineering function.

5. If the MUNICIPALITY is unwilling or unable to provide the traffic engineering function from within its organization, the MUNICIPALITY has the option of contracting with an outside agent or agency for the required traffic engineering expertise and maintenance.

6. Functional Traffic Engineering Unit Method.

(a) In preparing to comply with this Exhibit, the MUNICIPALITY must select one of the following methods for providing a functional traffic engineering unit:

(i) Municipal Traffic Engineer and Municipal Maintenance Staff;

(ii) Contractual Traffic Engineer and Municipal Maintenance Staff;

(iii) Contractual Traffic Engineer and Contractual Maintenance Staff; or

(iv) Municipal Traffic Engineer and Contractual Maintenance Staff.

(b) Depending on which method is chosen, the guidelines for the functional traffic engineering unit shall include, but not be limited to, the following:

(i) Municipal Traffic Engineer:

(1) A brief description of educational background and work experience, including length of employment as Municipal Traffic Engineer;

(2) A description of duties assigned and powers delegated to the

Municipal Traffic Engineer under municipal ordinance; and

(3) A municipal organizational chart showing the Traffic Engineer’ s position in the hierarchy of municipal government.

(ii) Municipal Maintenance Staff:

(1) The number of employees permanently assigned to this function and the number which may be assigned on a temporary basis;

(2) A brief description of the organization of the staff, including the length of time that it has been in existence; and

(3) A clear demonstration of the maintenance staff’ s ability to properly…