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HomeMy Public PortalAbout2015_10_13_R117 MOA with Exeter HOA for Sinkhole repair The Town of Leesburg, Virginia PRESENTED October 13,2015 RESOLUTION NO. 2015-117 ADOPTED October 13,2015 A RESOLUTION: APPROVAL OF A MEMORANDUM OF AGREEMENT WITH THE EXETER HOMEOWNERS ASSOCIATION AND AWARD OF A CONSTRUCTION CONTRACT FOR THE PERMANENT REPAIR OF THE EXETER SINK HOLE. WHEREAS,the Exeter sink hole was an emergency repair that occurred on August 16, 2015; and WHEREAS,the sink hole occurred on private property within the Exeter Homeowners Association; and WHEREAS,the Town responded to the emergency situation on the same day, and was able to coordinate with Madigan Construction to arrive on site within 24 hours to begin excavating the site in order for the Town to complete temporary repairs to the water and sewer service lines; and WHEREAS, GeoConcepts was hired to provide a geotechnical investigation that included both non-invasive and invasive drilling; and WHEREAS,based on the geotechnical investigation,a repair solution was designed that was acceptable to both the Exeter Homeowner's Association and the Town of Leesburg; and WHERAS,the Exeter Homeowners Association President agreed to reimburse the Town of Leesburg for the costs associated with the temporary and permanent repairs; and WHEREAS,the Exeter Homeowners Association held a board meeting on August 27, 2015 and formally endorsed the emergency action that the Town and the HOA President had taken and agreed by that endorsement to cover the costs associated with the temporary repairs; and WHEREAS,the Exeter HOA held a board meeting on September 24, 2015 and voted to approve funding in an amount not to exceed$125,000 for the permanent repairs; and -2- A RESOLUTION: APPROVAL OF A MEMORANDUM OF AGREEMENT WITH THE EXETER HOMEOWNERS ASSOCIATION AND AWARD OF A CONSTRUCTION CONTRACT FOR THE PERMANENT REPAIR OF THE EXETER SINK HOLE. WHEREAS,the Town Attorney will prepare a Memorandum of Agreement for consideration by the Exeter Homeowner's Association Attorney prior to formal signature by the Town of Leesburg and the Exeter Homeowner's Association; and WHEREAS,Madigan Construction has a contract with Loudoun County as a Job Order Contract that is rideable by local jurisdictions; and WHEREAS,Madigan has provided a cost of$106,922.29 to repair the sink hole and to fully restore the water and sanitary sewer connections; and WHEREAS, GeoConcepts Engineering is a sub-contractor to civil engineering firms that are under our current continuing services contract; and WHEREAS,procurement requirements are met by the Job Order Contract through Loudoun County and the Continuing Services Civil Engineering Contract; and WHEREAS,the cost for the temporary repair is$40,766.46; and WHEREAS,the estimated cost for the final repair is$109,422.29 for Madigan Construction and the geotechnical engineer time for monitoring the site during excavation and backfill. THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia that: I. The Town Manager is authorized to execute a Memorandum of Agreement with the Exeter Homeowners Association stating the terms of reimbursement for the temporary and permanent repairs in an amount not to exceed$165,766.46(not to exceed amount of$125,000 for final repairs plus costs to date of$40,766.46), in a form approved by the Town Attorney. -3- A RESOLUTION: APPROVAL OF A MEMORANDUM OF AGREEMENT WITH THE EXETER HOMEOWNERS ASSOCIATION AND AWARD OF A CONSTRUCTION CONTRACT FOR THE PERMANENT REPAIR OF THE EXETER SINK HOLE. II. The Town Manager is authorized to execute a contract in a form approved by the Town Attorney with Madigan Construction in the amount of$106,922.29 for the repair of the Exeter sink hole. PASSED this 13th day of October, 2015. Kn7 C. U stattd,Mayor Town of Leesburg ATS 1 Clerk of Co P:\Resolutions\2015\1013 Approval of MOU and Constuction Contract for Exeter Sink Hole Repair.doc