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HomeMy Public PortalAbout1994_02_08_R025 - Agreement with VDOT for Construction of Two ProjectsThe Town of Leesburg, ir QQ 11 vv�� �KE1OLZTTION NO. A RESOLUTION: AUTHORIZING AN AGREEMENT WITH THE VIRGINIA DEPARTMENTOF TRANSPORTATION FOR CONSTRUCTION OF TWO IMPROVEMENT PROJECTS IN THE TOWN OF LEESBURG KNOWN AS RIGHT TURN LANE ON ROUTE 621 EVERGREEN MILLS ROAD AT ROUTE 15 AND RIGHT TURN LANE ON CARDINAL PARK DRIVE AT ROUTE 7 WHEREAS, the Virginia Department of Transportation (VDOT) Six Year Improvement Program for Fiscal Years 1993 -1994 through 1998 -1999 for urban highways includes an allocation of funds for construction of two improvement projects in the Town of Leesburg, known as right turn lane on Route 621 Evergreen Mills Road at Route 15 Aldie Pike and right turn lane on Cardinal Park Drive at Route 7 Leesburg Pike and identified as Project U000- 253 -V06, C -501 and U000- 253 -V07, C -501, respectively; and WHEREAS, VDOT and the town desire to construct the projects as expeditiously as possible; and WHEREAS, the town has received Loudoun County Gas Tax funds for the turn lanes which will be used to pay design costs and easements; and WHEREAS, VDOT has prepared an agreement titled "Agreement for the Development and Administration of Two Intersection Improvements by the Town of Leesburg"; and WHEREAS, the proposed agreement has been reviewed by the Deputy Town Attorney; and WHEREAS, administration and management of the turn lane projects by the town will be more efficient since these roads are operated and maintained by the town and the overall scope of the work is uncomplicated. THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia as follows: The Town Manager is authorized to sign the agreement with VDOT in a form approved by the Deputy Town Attorney for the construction of the turn lanes at Cardinal Park Drive and Evergreen Mills Road. PASSED this 8th day of February, 1994. d ames E. Clem, Mayor ST: Town of Leesburg Clerk of Counci R:vdot PRESENTED February 8, 1994 94 -25 ADOPTED February 8, 1994 RAY D. PETHTEL COMMISSIONER /afd attachment MAR 3 199 Dept f1`r,' Fro, And Public W°. 4s Dear Mr. Mason: COMMONWEALTH of VIRGINIA DEPARTMENT OF TRANSPORTATION 1401 EAST BROAD STREET RICHMOND, 23219 February 28, 1994 Mr. Thomas A. Mason Director of Engineering and Public Works Municipal Building 25 West Market Street P. 0. Box 88 Leesburg, Virginia 22075 Route 621 Evergreen Mill Road Cardinal Park Drive Projects: U000- 253 -V06, C -501 U000- 253 -V07, C -501 Right Turn Lane at Route 15 Aldie Pike Right Turn Lane at Route 7 Leesburg Pike Town of Leesburg We are sending herewith one original copy of the fully executed Project Administration Agreement on the above designated project for your files. Thank you for your cooperation in concluding this necessary detail. Sincerely, TRANSPORTATION FOR THE 21ST CENTURY f H. sley, J r Urban Programs Engineer M.S. HOLLIS STATE URBAN ENGINEER AGREEMENT FOR THE DEVELOPMENT AND ADMINISTRATION OF TWO INTERSECTIONS IMPROVEMENTS BY THE TOWN OF LEESBURG WITNESSETH: THIS AGREEMENT, made and executed in duplicate as of this oh day of I J )LHc1JJ 199 4 1 between the COMMONWEALTH OF VIRGINIA, DEPARTMENT OF TRANgPORTATION, hereinafter called the "Department" and the TOWN OF LEESBURG, a municipal corporation of the Commonwealth of Virginia, hereinafter called the "Town WHEREAS, the Department has adopted a Six Year Improvement Program for Fiscal Years 1993 -94 through 1998 -99 for urban highways, which includes an allocation of funds for two improvement projects in the Town, knows as right turn lane on Route 621 Evergreen Mills Road Route 15 Aldie Pike and right turn lane on Cardinal Park Drive Route 7 Leesburg Pike and identified as Project U000-253-V06, C -501 and 0000 -253- V07, C -501, respectively and referred to hereinafter as the "Project and WHEREAS, the estimated cost is $76,000 for construction; and WHEREAS, the Department and the Town desire to construct the Project as expeditiously as possible and the Town agrees to have the Project completed within the time frame indicated in the Department's Six Year Improvement Program; NOW, THEREFORE, for and in consideration of the premises and mutual covenants and agreements contained herein, the parties hereto agree as follows: 1. The Town shall consult with, and act as the agent of, the Department in performing the construction phase of the Project, specifically including the following: a. Perform the preliminary engineering, design and plan development necessary to award a contract for the construction, all at no expense to the Department; and the administration, supervision and inspection of the construction of the Project through final acceptance, in accordance with Department procedures and policies, including settlement of any claims and disputes arising from the Project. b. Submit each phase of the work to the Department for review and approval within 30 days as the project develops; allow Department personnel to inspect all phases of the project at all times. c. Prepare plans for the Project, including such items as general notes, references to specifications and standards, typical sections, drainage plans, erosion and sediment control methods, profiles, cross sections, summaries, and the like. Plans may be prepared in -2- accordance with Town of Leesburg standards and format, provided the standards meet or exceed Department standards or are approved by the Department. d. Locate potential contaminated and /or hazardous waste sites during the survey or early plan development stage. Be prepared to discuss the presence of these sites and design alternatives at the preliminary field inspection. Once contamination is determined to exist, whether obvious or established through testing, the Town shall notify the appropriate regulatory agency. With Department approval, conduct detailed studies such as site characterization to determine the length of time required for clean- up and potential financial liability for the Town and Department if it is decided to purchase the property. The first option, however, is to pursue remediation by the property owner(s) through the appropriate agencies. e. Post a "notice of willingness to hold a public hearing" on the Project, conduct such a hearing, -3- if necessary, in accordance with Department requirements and coordinate the Project with property owners in the Project area. f. Obtain any necessary permits for the Project. g. Prepare right -of -way plans for the Project and acquire title to all right -of -way needed for the Project in the name of the Town by purchase or by eminent domain, if necessary, all at no expense to the Department. h. Coordinate and authorize utility relocations, all at no expense to the Department. i. Procure a contractor to construct the Project, in conformance with applicable provisions of the Virginia Public Procurement Act. The Town agrees not to award a construction contract to any bidder unless its bid is within seven percent (7 of the Town's cost estimate, or which is approved by the Department. The Town agrees not to award such contract until the Commonwealth Transportation Board has accepted and approved the bid and the contractor, and until a standard Municipal -State -4- agreement is executed. j. Submit any change orders to the construction contract to the Department's Resident Engineer for approval. k. Receive Department approval of any claims prior to settlement. I. Maintain accurate records of the Project and documentation of all expenses for which reimbursement will be requested, and make such records available for inspection and /or audit by the Department at any time. m. Submit to the Department's Resident Engineer on a monthly basis a certification of all project expenses incurred and paid during the preceding month for all construction. The final billing shall be made on the basis of final actual costs, reconciling any difference with previously billed amounts. Interim and final billings shall be submitted on the Department's Form AS -5. n. Agree to reimburse the Department 100% of all expenditures by the Department in the event the project is cancelled during any phase of work, -5- or 100% of any expenditures by the Department rejected by the Federal Highway Administration due to the Town's failure to follow applicable federal guidelines in the construction of the project. 2. The Department will coordinate with, cooperate with, and assist the Town in implementing the Project, and specifically agrees to: a. Review each phase of the Project and respond in an expeditious manner to requests from the Town for assistance. b. Coordinate the project through the State Environmental Review Process and carry out the functions necessary to clear the Project environmentally. However, should the Project be classified as a major action and scoping meeting become necessary, the Town may be required to participate in reviewing the Project with the state resource agencies to ensure coordination of plan and environmental development. -6- c. Provide reimbursement of actual Project expenditures for the previous month or for the final billing, within thirty (30) days of receiving from the Town an acceptable invoice of the expenses. d. Audit all Project costs and records as may be required or appropriate. e. Provide funding for the Project pursuant to the Department's Six Year Improvement Program. 3. Nothing herein shall be construed as creating any personal liability on the part of any officer, employee, or agent of the parties, nor shall it be construed as giving any rights or benefits to anyone other than the parties hereto. 5. This Agreement shall be binding upon the parties hereto, and their respective successors and assigns. 6. Upon the execution of this Agreement by both parties, the Town is hereby authorized to commence with the Project. 7. This agreement may be modified with the mutual written consent of the Department and the Town. -7- IN WITNESSETH WHEREOF, the parties hereto have caused this Agreement to be executed by their duly authorized officers. ATTEST: L7/411) A TOWN CLERK �u TO MANAGER APPROVED AS TO FORM: BY: DEPUTY TOWN ATTORNEY WITNESS: COMMONWEALTH OF VIRGINIA, DEPARTMENT OF TRANSPORTATION 04`14.444,:pt.a) By: TOWN OF LEESBURG -8- The Town of Leesburg, Vir SOLUTION NO. 94-25 A RESOLUTION: AUTHORIZING AN AGREEMENT WITH THE VIRGINIA DEPARTMENTOF'" TRANSPORTATION FOR CONSTRUCTION OF TWO IMPROVEMENT PROJECTS IN THE TOWN OF LEESBURG KNOWN AS RIGHT TURN LANE ON ROUTE 621 EVERGREEN MILLS ROAD AT ROUTE 15 AND RIGHT TURN LANE ON CARDINAL PARK DRIVE AT ROUTE 7 WHEREAS, the Virginia Department of Transportation (VDOT) Six Year Improvement Program for Fiscal Years 1993 -1994 through 1998 -1999 for urban highways includes an allocation of funds for construction of two improvement projects in the Town of Leesburg, known as right turn lane on Route 621 Evergreen Mills Road at Route 15 Aldie Pike and right turn lane on Cardinal Park Drive at Route 7 Leesburg Pike and identified as Project U000- 253 -V06, C -501 and U000- 253 -V07, C -501, respectively; and WHEREAS, VDOT and the town desire to construct the projects as expeditiously as possible; and WHEREAS, the town has received Loudoun County Gas Tax funds for the turn lane which will be used to pay design costs and easements; and WHEREAS, VDOT has prepared an agreement titled "Agreement for the Development and Administration of Two Intersection Improvements by the Town of Leesburg"; and WHEREAS, the proposed agreement has been reviewed by the Deputy Town Attorney; and WHEREAS, administration and management of the turn lane projects by the town will be more efficient since these roads are operated and maintained by the town and the overall scope of the work is uncomplicated. THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia as follows: The Town Manager is authorized to sign the agreement with VDOT in a form approved by the Deputy Town Attorney for the construction of the turn lanes at Cardinal Park Drive and Evergreen Mills Road. Clerk of Counci R:vdot PASSED this 8th day of February, 1994. PRESENTED February 8, 1994 ADOPTED Februa 8, 1994 g ames E. Clem, Mayor Town of Leesburg