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HomeMy Public PortalAbout1963_05_11 289 MINUTES OF REGULAR MEETING OF LEESBURG TOWN COUNCIL, MAY 11, 1964. A regular meeting of the Leesburg Town Council was held in the Council Chambers, Leesburg, Virginia on May 11, 1964. The meeting was called to order by the Mayor, with Councilman Cole leading the group in prayer. Those present were Councilmen C. A. English Cole , C. Grey Dodd, C. Maloy Fishback, Maurice R. Lowenbach, Jr. , Robert A. Orr and John W. Pumphrey. Also present were Town Manager James W. Ritter, Jr. and Town Attorney George M. Martin. The minutes of the regular meeting of April 27, 1964 were unanimously ap- proved by Council. Mayor Rollins commented on the good job done on rebuilding South Street and also on the job done in cleaning off a vacant lot in the Town. Upon motion of Councilman Pumphrey, seconded by Councilman Orr , the fol- lowing resolution was unanimously adopted : BE IT RESOLVED by the Town Council of the Town of Leesburg, that $500.00 be appropriated to "Vehicle Maintenance" for the Police Department and an amount of $100.00 be appropriated to "Fuel" for Utility Fund. 00 Upon motion of Councilman Pumphrey, seconded by Councilman Dodd, the fol- N' lowing resolution was unanimously adopted : r. C BE IT RESOLVED by the Town Council of the Town of Leesburg, that CC Johnson and Williams be authorized to proceed with survey and plans for a new sewer line extending from at or near a point on Dry Mill Road to the Sewer Plant. Upon motion of Councilman Orr, seconded by Councilman Cole, the follow- ing resolution was unanimously adopted by roll call vote : . BE IT RESOLVED by the Town Council of the Town of Leesburg, that the attached proposal from Walter L. Phillips for engineering services on - Storm Drainage work dated April 1 , 1964 be accepted : April 1, 1964 Town of Leesburg Leesburg, Virginia • Attention: Mr. James W. Ritter, Town Manager Gentlemen: We are pleased to submit for your consideration our -proposal for the payment of engineering services required for the preparation of the plans and specifications necessary for the construction of storm sewers in the Woodberry Road to Route 7 and Route 15 to Town Branch drainage areas. The professional services to be ren- dered and the payment for the same are as follows. A. Design: The following services are included in the scheduled fees: • 1. Consultation with the client to discuss scope and nature of the project. • • 2. Assembly and evaluation of all available data, determina- tion of system capacities and collection of samples and interpretation of results and preparation of preliminary studies. 3. Preparation of all necessary design calculations. 4. Preparation of working drawings. 5. Preparation of detailed specifications as required to . complete these specific projects. Y49 (). Minutes of May 11, 1964 Meeting. 6. Consultation on the selection of bidders, preparation of any required addendum, assistance in the analysis of proposals received, and advice on awarding of con- tracts. • 7. Checking of shop drawings and details. • 8. Consultation relative to interpretation of contract documents. • 9. General supervision of the installation by periodic inspections of the work as it progresses. 10. Preparation of any supplementary drawings required during the course of construction. 11. Review and certification of estimates prepared by Contractors for partial payments as the work progresses and for final payments. 12. During the supervision of the installation, the Engi- neer will endeavor to guard the Client against defects and deficiencies in the work of the Contractor within the limitations of periodic inspections, but he will not guarantee the Contractor 's performance. • B. Additional Services: The following services are covered in • the agreement between an Engineer and the Client as being separate work efforts with separate compensation to the En- gineer: 1. Factory or laboratory inspection of materials and equip- ment. 2. Test borings and other. subsurface exploration. 3. The services of a resident engineer, inspectors, or clerk-of-the-works for continuous on-the-site inspec- tion of construction. 4. Witness in litigation with third parties. 5. Travel expense between the home office of the Engineer and points other than the site of the project or the headquarters of the Client. 6. Land surveys and mapping. 7. Land acquisition drawings and negotiations. 8. Reproductions of drawings and documents in large quanti- ties. 9. Engineer agrees to furnish the Town of Leesburg as-built • drawings of the storm sewer work upon completion of the project. • C. Cost of Project : For fee payment purposes the cost of the proj- ect is defined as the acceptable low bid on the complete project, in place .including all utilities and abandoned alternates. The cost of work is further defined as: ' 1. Constituting the actual cost to the Owner of the work in place including labor , materials, equipment , etc. as well as such costs as tests, general contractor 's handling charges for subcontractors, performance bonds, insurance, construc- tion offices, cleaning up, etc. Further the cost shall in- clude all contractors and/or subcontractors for the entire work planned and specified by the Engineer. Also, in the event alternate designs are prepared, bids should be taken 0 291. Minutes of May 11, 1964 Meeting. on said alternates and the Engineer shall be paid for any and all alternates whether or not they are accepted by the Owner. From the cost of work there is ordinarily excluded the Engineer 's fee, cost of financing, commissions, cost of real estate, legal, and other similar expense. 2. The above cost of work to the Owner is based upon all new materials and/or equipment installed by reputable contractors. If the Owner furnishes material or labor, the cost of such items shall be added to the cost of the .work at the price for which they would be furnished by a reputable contractor ; and if used building materials, equipment and machinery are furnished and installed, the current price of equivalent new materials shall be used in determining the cost of work. D. Fees : The fees for Engineering Services rendered directly to the Owner are as follows: Cost 96 Under 875,000 Negotiated Lump Sum or Cost Plus CO 100,000 7.00 (.:1] 200,000 6.30 CL 300,00o 5.91 Cd 400,000 5.64 500,000 5.42 These schedules are for complete services. For intermediate points a straight line graduation between adjacent points shall be used. Fees for Services other than outlined above: Surveys - not less than 2.0 times nor more than 2.5 times actual hourly rate paid, plus travel expense and subsistence allowance if required, plus cost of stakes and monuments. Office - not less than 2.5 times nor more than 3.0 times actual hourly rate paid. As of this date our bill for professional services rendered for the Subject Project amounts to $4000.00 (April 1, 1964) , which includes some additional work on the Woodberry Road to Route 7 Drainage Project but does not include the bill in the amount of $2,080.00 which has been rendered and paid. In the event you de- cide to go ahead with final plans and specifications we will allow you a credit of 86 ,080.00 for the work performed to date. Very truly yours, Walter L. Phillips Accepted by Date : Upon motion of Councilman Fishback, seconded by Councilman Dodd, the fol- lowing resolution was unanimously adopted by roll call vote : BE IT RESOLVED by the Town Council of the Town of Leesburg, that the bid of Tri-County Refuse Co. for the collection of refuse in the amount of 815,360.00 dated May 7, 1964 be accepted, and BE IT FURTHER RESOLVED, that an agreement be entered into between Tri-County Refuse and the Town of Leesburg in accordance with the contract shown below: 292 Minutes of May 11, 1964 Meeting. CONTRACT FOR THE COLLECTION AND DISPOSAL OF GARBAGE AND REFUSE COLLECTED IN THE TOWN OF LEESBURG This contract, made and entered into this day of , 1964, by and tetween the Town of Leesburg, Virginia, a municipal corporation, hereinafter referred to as the "Town" and William W. Denlinger , doing business as Tri- County Refuse Service Co. , an individual , hereinafter referred to as the "Contractor. " WITNESSETH: WHEREAS, pursuant to and in accordance with the provisions of the Code of the Town of Leesburg, Virginia, and its Charter does hereby authorize the Contractor to collect and transport refuse and garbage produced, kept and/or accumulated in the Town of Leesburg; and WHEREAS, the Council of the Town of Leesburg has found and determined that the public peace, health and safety in the Town of Leesburg will be preserved and promoted by the execution of such contract, subject to and in accordance with applicable laws and ordinances; NOW, THEREFORE, for and in consideration of the payments set forth, covenants, promises, undertakings and obligations herein granted, made and assumed by the parties hereto, each to the other , the parties hereto agree as follows : 1. Term of Contract, The Town grants to the Contractor for a period of one (1) year, commencing July 1 , 1964 and ending 30 June 19651except as herein otherwise provided, the exclusive contract, right and privilege to collect and dispose of all refuse and garbage as herein defined, produced, kept and/or accumulated in the Town. 2. Definition 111 The terms "garbage", "refuse" and "rubbage" shall be con- strued to have the same meaning. The word "Town" as used in this contract shall mean and in- clude all the territory lying within the municipal boundaries of • the Town of Leesburg. The term "place or premises" shall be taken to mean every residence, house or living unit within the Town of Leesburg. The "Town Manager" shall mean the duly appointed Town Manager of the Town of Leesburg, State of Virginia. Whenever the word "Contractor" is used herein, it shall be and is mutually understood to refer to the party or parties con- tracting to perform the work under this contract or the legal • -representatives of such party or parties. 3. Work to be Done The work to be done under this contract shall consist of furnishing personnel , labor and equipment required for the col- lection and removal to the Town's disposal area on Catoctin Cir- cle of refuse accumulated within the corporate limits of Lees- burg and the attached specifications set forth in the bid propo- sal are herewith made a part of this contract. The Contractor shall at all times provide sufficient men and motor vehicles necessary to perform the work in a manner satisfactory to the • Town Manager. 293 Minutes of May 11, 1964 Meeting. 4. Assignments The Contractor shall not assign this contract, or any inter- est therein, or any privilege or right granted therein without the consent of the Council of the Town of Leesburg first had and obtained , and then only to a person or persons approved by the said Council, and subject to such terms and conditions as such Council may require. A consent to one assignment shall not be determined to be a consent of any subsequent assignment. Any assignment without such consent of the Council , and approval, shall be void and shall at the option of the Town terminate this contract and the privileges granted therein. 5. Subcontractor The Contractor shall not subcontract all or any portion of the work or business which he has contracted to perform without the written consent of the Town Manager. 6. Litigation In the event of any litigation arising out of a breach of Cr:00 said contract in which the Town of Leesburg is the successful t, party, the Contractor shall pay to the Town any and all costs C.7 and expenses in connection with such litigation, together with CC any and all attorney fees which the Town may be required to pay 00 in connection with such litigation. 7. Payments to the Contractor The Town shall pay to the Contractor on or before the 10th day of each month 1/12 of the total yearly contract. 8. Performance a Condition This contract and privileges herein granted to the Contractor is and are conditioned upon the faithful performance by the Con- tractor and by each and every one of his subcontractors, if any, of each and all of the covenants and provisions herein agreed to be performed by the Contractor or required to be performed by his subcontractors, and the payment of all license fees and other monies herein agreed to be paid by the Contractor. 9. Termination of Contract In the event the Contractor defaults in the performance of any of the covenants or agreements to be kept , done or performed by it underthe terms of said contract, the Town shall give said Contractor ten (10) days written notice by mail, setting forth the default and if said Contractor fails , neglects or refuses for a period of more than ten days thereafter to make good or perform the default, then the Town, without further notice and without suit or other proceedings, may cancel and annul the rights and privileges granted in this contract. 10. Heirs, Successors, etc. The terms, covenants and conditions of this agreement shall apply to and shall bind the heirs, successors, executors, ad- ministrators, assigns and subcontractors of the Contractor. 11. Faithful Performance Bond Upon execution of this contract , Contractor shall furnish to the Town and shall file with the Town Manager of the Town a corporate surety bond approved by the Town Manager , and ap- proved as to form by the Town Attorney of. the Town, executed by the Contractor as principal and by a corporate surety as surety, in the sum of 100% of the bid, conditioned upon the faithful performance by Contractor and his subcontractors, if any, of this contract. In lieu of such bond, Contractor may provide the Town with such other security for faithful per- formance as may be approved by the Town Manager. 294 Minutes of May 11, 1964 Meeting. 12. Workmen 's Compensation Insurance Contractor and his subcontractors, if any, shall obtain and maintain in full force and effect throughout the entire term of this contract full workmen's compensation insurance in accord- ance with the provisions and laws of the Commonwealth of Vir- ginia. Contractor shall immediately inform the Town of any cancellation, withdrawal or change of any such insurance. 13. Public Liability Insurance Contractor and his subcontractors, if any, shall at their ex- pense obtain and maintain in full force and effect throughout the entire term of this contract public liability insurance approved by the Town Manager and approved as to form by the Town Attorney, policy or policies to insure said contractor and his subcontractors and the Town, its officers, agents and employees, and each of them against liability for bodily injury or death of any person or per- sons and for any property damage arising or resulting from the operation of the Contractor or his subcontractors. Minimum bodily injury or death coverage provided by said insurance shall be $100,000 bodily injury or death,-each person, and $300,000 bodily injury or death of two or more persons, per each occurrence. Property dam • • - age shall be a minimum of $50,000 for each occurrence. Policies shall be filed with the Town Manager of said Town within five days after the date of this contract. The policy of insurance shall contain a provision stating that said insurance is primary coverage and will not be cancelled by the insurer except after filing with the Town Manager of the Town twenty (20) days written notice of any cancellation so proposed. 14. Contractor to Indemnify and Hold Harmless the Town Contractor shall indemnify and save harmless the Town, its • officers, agents and employees, for and from any and all loss, liability, claims, demands, actions, or suits , of any and every kind and description, arising or resulting from or in any way connected with any operations of the Contractor or his subcon- tractors in exercising any license or privilege granted to him by this contract by the Town, or arising or resulting from the failure of the Contractor or his subcontractors to comply in all respects with the provisions or requirements of this contract. Contractor shall, upon demand of the Town, at his sole cost and expense, defend and provide attorneys to defend the Town, its of- ficers, agents and employees against any and all claims, actions or suits brought against the Town, its officers, agents and em- ployees, arising or resulting from or in any way connected with the above-mentioned operations of the Contractor or his subcon- tractors or his subcontractor 's failure to comply with this con- tract. IN WITNESS WHEREOF, Town and Contractor have executed this contract by their officers first thereunto duly authorized the day and year first written above. TOWN OF LEESBURG, VIRGINIA Attest : • Town Manager Town Clerk • TRI-COUNTY; REFUSE SERVICE CO. Approved as to Form: ' BY Town Attorney 9.5 Minutes of May 11, 1964 Meeting. d The proposed Budget for the fiscal year 1964-65 was presented to Council by Town Manager Ritter. Discussion followed on various items in this Budget. Mayor Rollins reminded Council that this Budget will go to the Finance Committee for study, then to the Council in an executive meeting for discussion, then back to the regular meeting of May 25 for final approval by Council. The tax rate will be set at the meeting to be held on June 10 and Public Hearing on the Tax Rate and the Budget will be held on June 22nd. Appropriations from this Budget will be made on June 29, 1964. There being no further business, the meeting adjourned with general con- sent at 8 :20 P.M. j---e------2---Tfk etk- Mayor ea,<„: 71,,J • • Clerk of e Council GO MINUTES OF REGULAR MEETING OF LEESBURG TOWN COUNCIL, MAY 25, 1964. Cr.: ^, A regular meeting of the Leesburg Town Council was held in the Council = Chambers, Leesburg, Virginia on May 25, 1964. The meeting was called to order CC by the Mayor, with Councilman Fishback leading the group in prayer. Those present were Councilmen C. A. English Cole, C. Grey Dodd, C. Maloy Fishback, Maurice R. Lowenbach, Jr. , Robert • A. Orr and John W. Pumphrey. Also present were Town Manager James W. Ritter, Jr. and Town Attorney George M. Martin. The minutes of the regular meeting of May 11, 1964 were unanimously ap- proved by Council. Upon motion of Councilman Pumphrey, seconded by Councilman Lowenbach, Mr. Dick Olson's request to waive the amusement license fee and to block off i Harrison Street between Loudoun and Market Streets during the week of May 25th for the Little League Carnival was approved. Mr. George Hammerly, Chairman of the Airport Commission, gave a report on the new Airport , stating that the Commission now has on hand the sum of $124,746.74 in the Bank and $4,372.50 enroute from the FAA, making a -total of $129,119.24. He said that footings were under way and that it is expected that the office building will be under roof by the endo£ this week. They plan to lay rock this week and the runway is about 40% towards finished grade. The con- tractor has lost 44 days due to bad weather and the contract has been extended for that length of time. It is expected that the new Airport will be ready for opera- tion about the middle of August. He asked that Council give their approval to go ahead with the well and sewage, stating that 'the Commission had two bids on the well, one -from Mr. Herman L. Singhas and one from Mr. Harvey W. Lawson, and that the Commission was in favor of accepting Mr. Singhas ' bid of between $4.00 and $5.00 per foot, depending on the formation encountered. Mayor Rollins asked that the Commission have a contract with Mr. Singhas drawn up and the Council would then confirm it. Prices are to be secured by the Commission for the sep- tic tank at the Airport. Mr. Hammerly also stated that the present Airport is operating at a slight gain, with expenses amounting to approximately $585.00 per month and income amounting to approximately $600.00. Mr. Ray Davis, a resident of Prospect Town Houses, appeared before Council asking that some action be taken to correct the stagnant water lying behind the Town Houses presently being constructed, stating that this is a health hazard and is breeding mosquitoes. The Mayor instructed the Town Manager to see that something is done about this situation within a week. Mr. Carleton Penn appeared before Council on several matters, the first be- ing a request to change plans on the land abutting Lot 16 in Exeter Hills in order that the purchaser of this lot might buy another 40 feet of land, which would incur another 40 feet for street and a change in the cul-de-sac. Mayor Rollins referred this matter to the Planning Commission, to be taken up at its next meeting.