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.
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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
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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
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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
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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.
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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.
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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.
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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
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TOWN CLERK TOWN MANAGER
WITNESS: COMMONWEALTH OF VIRGINIA,
DEPARTMENT OF TRANSPORTATION
51,;,„vv„„) BY: 43r t-
COMMISSIONER