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HomeMy Public PortalAbout1995_04_11_R073 - East Market Street WideningThe Town of Leesburg, Virginia PRESENTED April 11, 1995 RESOLUTION NO. 95 73 ADOPTED April 11, 1995 A RESOLUTION: EAST MARKET STREET WIDENING PROJECT PROGRAMMING RESOLUTION WHEREAS, the Virginia Department of Transportation (VDOT) Six Year Improvement Program for Fiscal Years 1994 -1995 through 1999 -2000 for urban highways includes the allocation of STP funds for design improvement project in the Town of Leesburg known as East Market Street Widening; and WHEREAS, VDOT requires a resolution from the town which states that if the town elected to cancel this project, the town agrees to reimburse VDOT the cost; and WHEREAS, East Market Street from Sycolin Road to Loudoun Street should be widened a distance of approximately 2,000' including new pavement, sidewalk, curb, gutter, storm drainage and modification to traffic signal at East Market Street and Catoctin Circle; and WHEREAS, the project will be funded by Regional Surface Transportation (STP) Funds which will be used to pay design, right -of -way and construction costs; and WHEREAS, administration and management of the East Market Street Project 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: If the Town Council elects to stop or cancel this project, the town hereby agrees to reimburse VDOT for the total amount of the costs for preliminary engineering, right -of -way and construction expended by VDOT through the date VDOT is notified of such suspension or cancellation. PASSED this llth day of April 1995. ,,pper� m es E. Clem, Mayor Town of Leesburg Clerk of Council R:widening.ems AGREEMENT FOR THE DEVELOPMENT AND ADMINISTRATION OF EAST MARKET STREET IMPROVEMENTS BY TOWN OF LEESBURG THIS AGREEMENT, made and executed in triplicate as of this 199 between the COMMONWEALTH OF VIRGINIA, DEPARTMENT OF TRANSPORTATION, hereinafter called the "Department" and the TOWN OF LEESBURG, a municipal corporation of the Commonwealth of Virginia, hereinafter called the 'Town WITNESSETH: day of WHEREAS, the Department has adopted a Six Year Improvement Program for Fiscal Years 1994 -95 through 1999 -2000 for urban highways, which includes an allocation of funds for an improvement project in the Town, known as East Market Street widening from Sycolin Road to Loudoun Street including northbound left turn lane on Catoctin at East Market Street, Project: U000-253-V08, PE -101, RW -201, C- 501 and referred to hereinafter as the "Project"; and WHEREAS, the estimated cost is $200,000 for preliminary engineering, $50,000 for right -of -way acquisition and utility relocations and $750,000 for construction; for a total of $1,000,000; 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 preliminary engineering, right- of-way and construction phases of the Project, specifically including the following: a. Contract with a consultant to perform the preliminary engineering, design and plan development necessary to award a contract for the construction; 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. The consultant will be subject to a pre -award audit by the Department. b. Submit each phase of the work to the Department for review and approval as the project develops; allow Department personnel to inspect all phases of the project at all times. -2- 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 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 -3- 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, 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. h. Abide by Titles 25 and 33 of the 1950 Code of Virginia, as amended, in the acquisition of rights -of -way for this Project and follow the policy and procedures outlined in Section 702.02 of the Department's Right of Way -4- Manual, which are incorporated by reference. i. Provide relocation assistance to those whose property is acquired for the Project in conformance with the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, as amended. (49 CRF Part 24) Maintain all appraisals, negotiation reports, relocation assistance files, closing statements, eminent domain records and the like for a period of three (3) years after completion of the Project. k. Coordinate and authorize utility relocations. 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 -5- such contract until the Commonwealth Transportation Board has accepted and approved the bid and the contractor, and until a standard Municipal -State agreement provided by the Department is executed. The Town agrees to bear their share of the cost of the Project. Department policy will govern the rate of participation for utility relocations and storm sewers. m. Submit any change orders to the construction contract to the Department's Resident Engineer for approval. n. Receive Department approval of any claims prior to settlement. o. 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 reasonable time. -6- P. q. 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 preliminary engineering, right -of -way or construction. All preliminary engineering charges shall cease on the date the construction contract is awarded. The final billing shall be made on the basis of final actual costs, reconciling any difference with previously billed amounts. Agree to reimburse the Department 100% of all costs expended in the event the project is terminated during any phase of work, expenditures incurred are not reimbursed by the Federal Highway Administration due to the Town's failure to follow proper federal guidelines and /or the expenditures are found to be federally non participating items, or expenditures incurred exceed the total amount allocated in the Six Year Improvement Program. -7- 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. 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. -8- -9- 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. 4. This Agreement shall be binding upon the parties hereto, and their respective successors and assigns. 5. Upon the execution of this Agreement by both parties, the Town is hereby authorized to commence with the Project. 6. This agreement may be modified with the mutual written consent of the Department and the Town. IN WITNESSETH WHEREOF, the parties hereto have caused this Agreement to be executed by their duly authorized officers. ATTEST: TOWN OF LEESBURG A hut sQ APPROVED AS TO FORM: BY: OWN ATTORNEY -10- TOWN CLERK TOWN MANAGER WITNESS: COMMONWEALTH OF VIRGINIA, DEPARTMENT OF TRANSPORTATION 51,;,„vv„„) BY: 43r t- COMMISSIONER