HomeMy Public PortalAbout1994_02_08_R025 - Agreement with VDOT for Construction of Two ProjectsThe Town of
Leesburg,
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�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
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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