HomeMy Public PortalAbout1997_09_09_R218 - Agreement with VDOT for Design S King St from Evergreen Mill to LimitThe Town of
Leesburg,
Virginia
PRESENTED September 9, 1997
RESOLUTION NO. 97-218 ADOPTED September 9, 1997
A RESOLUTION: PROJECT PROGRAMMING RESOLUTION AND AUTHORIZING AN
AGREEMENT WITH THE VIRGINIA DEPARTMENT OF TRANSPORTATION
FOR DESIGN ADMINISTRATION MANAGEMENT OF THE SOUTH KING
STREET PROJECT IN THE TOWN OF LEESBURG FROM EVERGREEN MILL
ROAD TO SOUTH CORPORATE LIMIT.
WHEREAS, the Virginia Department of Transportation (VDOT) Six Year Improvement Program for
Fiscal Year 1997 1998 through 2002 2003 for urban highways includes an allocation of STP Regional funds
for design of the South King Street project in the Town of Leesburg and identified as Projects (FO) 0015 -253-
101, PE -101, RW -201, C -501; and
WHEREAS, VDOT needs a resolution from the town which states that if the town elected to cancel this
project, the town agrees to reimburse VDOT all incurred costs; and
WHEREAS, the town and VDOT desire to construct the projects as expeditiously as possible; and
WHEREAS, the town and VDOT desire to have the town administer and manage the design phase of
the project; and
WHEREAS, the agreement proposed by VDOT has been approved by the Deputy Town Attorney; and
WHEREAS, administration and management of the South King 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:
SECTION I. The Town Manager is authorized to sign an agreement with VDOT in a form approved by
the Deputy Town Attorney for the design administration and management of the South King Street project as
identified above.
ATTEST:
Attu 6.1'v a
Clerk of Council
R:001
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A RESOLUTION: AUTHORIZING AN AGREEMENT WITH THE VIRGINIA DEPARTMENT OF
TRANSPORTATION SOUTH KING STREET PROJECT
SECTION II. 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 9th day of September, 1997.
J es E. Clem, Mayor
own of Leesburg
AGREEMENT FOR THE DEVELOPMENT AND ADMINISTRATION
OF SOUTH KING STREET IMPROVEMENTS BY TOWN OF LEESBURG
WITNESSETH:
THIS AGREEMENT, made and executed in triplicate as of this 18 day of
December, 1997, 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
WHEREAS, the Department has adopted a Six Year Improvement Program for
Fiscal Years 1997 -98 through 2002 -2003 for urban highways, which includes an
allocation of funds for an improvement project in the Town, known as South King Street
widening from Evergreen Mill Road to South Corporate Limits, Project: (FO)0015 -253-
101, PE -101, RW -201, C -501, and referred to hereinafter as the "Project and
WHEREAS, the estimated cost is $300,000 for preliminary engineering, $800,000
for right -of -way acquisition and utility relocations and $2,500,000 for construction; for a
total of $3,600,00; 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;
time necessary to accomplish the preliminary engineering, right -of -way acquisition and
construction identified by the bar graph 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.
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
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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 an/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, 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.
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h. Abide by Titles 25 and 33 of the 1950 Code of Virginia, as
amended, in the acquisition o rights -of -way for this Project and
follow the policy and procedures outlived in Section 702.02 of
the Department's Right of Way 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)
j. 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.
1. 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
agreement prepared by Department is executed. The Town
agrees to bear their share of the cost of the Project. Department
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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.
p. 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.
q. 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 such as priority items, insufficient
specifications or numbers of manufacturers for an item,
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environmental documents, procurements, 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.
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 a prompt and
efficient 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 a scoping meeting becomes 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 and may be called upon to
provide information, design alternatives and participate in the
review process.
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.
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 Clerk
APPROVED AS TO FORM:
By: C
T wn Attorney (D
WITNESS: COMMONWEALTH OF VIRGINIA,
DEPARTMENT OF TRANSPORTATION
IL :1M 21.4114,11,41)
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TOWN OFA ESBURG
Town
By:
Commissioner