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HomeMy WebLinkAbout064-25 (AuthorizeCountyAdminExecuteRoute7SafetyUpgradesAgreement) CO RESOLUTION w "t GRANTING SIGNATORY AUTHORITY TO THE COUNTY ADMINISTRATOR 1739 The Board of Supervisors of Frederick County, in a regular meeting on the 1 la'day of June 2025, adopted the following: WHEREAS, Frederick County has received a request from Virginia Department of Transportation for signatory authority granted by the Board of Supervisors to the individual signing when executing agreements with outside agencies; and WHEREAS, the County will be engaging in a number of County managed projects, VDOT managed projects, and various VDOT agreements related to these projects, thus leading to more agreements with VDOT or other outside agencies; and NOW, THEREFORE,BE IT RESOLVED that the Board of Supervisors of Frederick County, Virginia, grants authority for Frederick County Administrator Michael Bollhoefer to execute project administration agreements with outside agencies. This authority shall be in effect on the day of adoption. Passed this 11th day of June 2025 by the following recorded vote: Josh Ludwig, Chairman Aye John Jewell Aye Robert W. Wells Aye Robert Liero Aye Heather H. Lockridge Aye Judith McCann-Slaughter Aye Blaine P. Dunn Aye A COPY ATTEST Michael Bollhoef Frederick Count Administrator No. 064-25 TRANSPORTATION COMMITTEE REPORT to the BOARD OF SUPERVISORS Monday, May 12, 2025 8:30 a.m. 107 NORTH KENT STREET, WINCHESTER, VIRGINIA ATTENDEES: Committee Members Present: Josh Ludwig Chair (Voting), Heather Lockridge (Voting), Brandon Monk(Voting), Mollie Brannon (Voting), Robert Liero (Voting) and Donald Capps (Voting). Committee Members Absent: None Staff Present:John Bishop,Assistant Director and Kathy Smith ITEMS REQUIRING ACTION BY BOARD OF SUPERVISORS: Route 7 Safety Upgrades Agreement: Upon a motion made by Heather Lockridge, seconded by Brandon Monk the Committee recommends Staff to execute the Route 7 Safety Upgrades Agreement as presented.Staff gave an overview of the agreement that will allow Frederick County to move forward with safety upgrades to Route 7 at its interchange with Exit 315 and the intersection with Valley Mill Road. This project will extend turning lanes that access the 1-81 Northbound ramps and Valley Mill Road. These lanes regularly experience spillovers which adds to capacity restrictions on Eastbound Route 7. This project will be funded by County safety funds previously budgeted and utilizing VDOT forces. In addition, this project will be done in sequence with another VDOT funded safety project at the intersection of Valley Mill Road and its eastern Intersection with Route 7. That project will also improve turning safety for vehicles accessing Valley Mill Road and restrict left turns from Valley Mill to westbound Route 7. Rail Access Grant Endorsement: Upon a motion made by Heather Lockridge, seconded by Robert Liero the Committee recommends for the Board of Supervisor adopt the Resolution endorsing the Rail Access Grant application to the Department of Rail and Public Transit. Staff presented materials and a draft Resolution for consideration in offering the endorsement of a Rail Access Grant application to the Department of Rail and Public Transit for improvements associated with a rail spur to the Winchester and Western Railroad from a scrap metal recycling facility on Ebert Road. This will require no County funds. ITEMS FOR INFORMATION ONLY: Interstate, Primary and Secondary Road Plan Update: Staff presented the draft Interstate, Primary and Secondary with only a few minor updates from last year. Staff started with the Interstate Road Plan with the removal of the paragraph under the 1-81 Improvements that were related to the language for Eastern Route 37 study. It was suggested to update the language for the"potential for rail transportation as a component of the Interstate 81 corridor improvements" Staff are in support of the rail transportation as more of a focus on getting freight trucks off the corridor. The Primary Road Plan only revisions are additions for clarity. Staff continued with the Secondary Road Improvement Plan overview with the major road improvement projects that will have minor changes. It was suggested to consider adding Vaucluse Road to the unscheduled no- hard surface Road improvement projects because of the recent Conditional Use Permit that had been approved by the Board of Supervisors earlier in the year. After much discussion, it was suggested not to be added at this time. Upon a motion made by Heather Lockridge, seconded by Brandon Monk the Committee recommends that the Board of Supervisors approve the 2025-2026 Interstate, Primary and Secondary Improvement with revisions. Pre-Applications Update for Revenue Sharing and Transportation Alternatives:Staff updated the Committee on the progress of the Pre-Applications that have been submitted. This is the Pre- Application phase and will continue through the summer until the final deadline in the fall with the Board of Supervisors adoption. County Project Updates: Renaissance Drive: CSX has been on site and actively installing their portion of the rail crossing. VDOT is in the process of scheduling upgrades to the signal equipment that was installed in Phase I of the Renaissance Drive project under their maintenance contracts. At this point all work is expected to be completed by late summer. Other: Upcoming CTB meeting is on May 15. Staff will be attending, and the Committee is welcome. VDOT Updates: VDOT Staff gave an update to the Committee on the request for potentially lowering the speed limit to 45 mph on Route 277,the most recent safety analysis had no changes from the previous data.A section of Armel Road recently got a speed deduction to 45 mph. Item 4: Route 7 Safety Upgrades Agreement Topic Synopsis The attached agreement will allow Frederick County to move forward with safety upgrades to Route 7 at its interchange with Exit 315 and the intersection with Valley Mill Road. This project will extend turning lanes that access the I-81 NB ramps and Valley Mill Road. These lanes regularly experience spillovers which adds to capacity restrictions on Eastbound Route 7. This project will be funded by County safety funds previously budgeted and utilizing VDOT forces. In addition,this project will be done in sequence with another VDOT funded safety project at the intersection of Valley Mill Road and its eastern Intersection with Route 7. That project will also improve turning safety for vehicles accessing Valley Mill Road and restrict left turns from Valley Mill to westbound Route 7. Recommended Action Staff is seeking a recommendation to the Board to authorize staff to execute the agreement. VDOT ADMINISTERED PROJECT ADMINISTRATION AGREEMENT Project Number UPC Local Government 0007-034-971 126749 Frederick County THIS AGREEMENT, is hereby made and effective the date of the last(latest) signature set forth below,by and between the COUNTY OF FREDERICK, VIRGINIA, hereinafter referred to as the LOCALITY and the Commonwealth of Virginia, Department of Transportation, hereinafter referred to as the DEPARTMENT. The DEPARTMENT and the LOCALITY are collectively referred to as the"Parties." WITNESSETH WHEREAS,the LOCALITY has expressed its desire to have the DEPARTMENT administer the work required to construct certain improvements within the Locality as described in Appendix C (the "Project") and has agreed to fully or partially fund the Project as set forth in this Agreement; and WHEREAS, the funds as shown in Appendix A have all been allocated to pay the costs of the Project; and WHEREAS, the Parties have concurred with administering the Project in accordance with the program specific requirements shown in Appendix B, based on the allocated funding for the Project as shown in the Appendix A; and WHEREAS, the LOCALITY has requested that the DEPARTMENT design and construct the Project in accordance with the scope of work described in Appendix C, and the DEPARTMENT has agreed to perform such work; and WHEREAS, the Parties have concurred in the DEPARTMENT's administration of the Project identified in this Agreement, including Appendices A, B, and C, and in accordance with applicable federal, state, and local law and regulations; and WHEREAS,the LOCALITY's governing body has, by resolution,which is attached hereto, authorized its designee to execute this Agreement and has demonstrated the LOCALITY'S commitment to providing local funding for the Project. NOW THEREFORE, in consideration of the premises and mutual covenants and agreements contained herein, the parties hereto agree as follows: A. The representations, covenants, and recitations set forth in the foregoing recitals are material to this Agreement and are hereby incorporated into and made a part of this Agreement as though they were fully set forth in this Section A. B. The DEPARTMENT shall: VDOT Administered Project Administration Agreement Locality:Frederick County Project Number:0007-034-971,UPC 126749 1. Complete the work of the Project as identified in Appendix C, advancing such diligently as all weather, local, and other conditions reasonably permit, and in conformance to the schedule established by the Parties,which schedule shall be adjusted as needed to address impacts to the performance of the work beyond the control of the DEPARTMENT. 2. Perform or have performed, and remit all payments for, all preliminary engineering (PE), right-of-way acquisition (Right of Way), construction, contract administration, and inspection services activities for the Project as required. 3. Provide the LOCALITY a payment schedule for the LOCALITY's share of estimated Project costs for PE, Right of Way, and construction, in accordance with the tabulation provided in Appendix A. 4. Remit invoices to the LOCALITY for sums owed by LOCALITY to the DEPARTMENT in accordance with the amounts and schedule set forth in Appendix A. 5. Provide the LOCALITY with a summary of Project expenditures. 6. Notify the LOCALITY of additional Project expenses resulting from unanticipated circumstances and provide detailed estimates of additional costs associated with those circumstances. The DEPARTMENT will make all efforts to contact the LOCALITY prior to performing activities associated with those unanticipated circumstances. 7. Upon completion of the Project, reconcile LOCALITY payments (based on LOCALITY's estimated share of costs) against actual Project costs allocable to the LOCALITY, and reimburse the LOCALITY for any overpayments by the LOCALITY or remit an invoice to LOCALITY for any underpayment or amounts still owed by the LOCALITY. C. The LOCALITY shall: 1. Remit payments to the DEPARTMENT in accordance with the amounts and schedule provided in Appendix A, or within 30 days of receipt of an invoice issued by the DEPARTMENT, as applicable. D. Nothing in this Agreement shall obligate the Parties hereto to expend or provide any funds in excess of funds agreed upon in this Agreement or as shall have been included in an annual or other lawful appropriation. State and federal Project funding is limited to those identified in the Appendix A of this Agreement and is allocable only upon LOCALITY'S compliance with all requirements of this Agreement. hi the event the cost of all or part of the Project is anticipated to exceed the allocation shown on Appendix A, the Parties agree to cooperate in seeking additional funding for the OAG reviewed 7/28/2022 2 VDOT Administered Project Administration Agreement Locality:Frederick County Project Number:0007-034-971,UPC 126749 Project or to terminate the Project before Project costs exceed the allocated amount. Any requested increase in federal or state funding is subject to DEPARTMENT policy and procedures applicable to the funding source and is not guaranteed. E. The Parties mutually agree and acknowledge, in entering this Agreement, that the individuals acting on behalf of the Parties are acting within the scope of their official authority and capacity and the Parties agree that neither Party will bring a suit or assert a claim against any official, officer, or employee of either parry, in their individual or personal capacity for a breach or violation of the terms of this Agreement or to otherwise enforce the terms and conditions of this Agreement The foregoing notwithstanding, nothing in this subparagraph shall prevent the enforcement of the terms and conditions of this Agreement by or against either Parry in a competent court of law. F. The Parties mutually agree that no provision of this Agreement shall create in the public, or in any person or entity other than the Parties, rights as a third party beneficiary hereunder, or authorize any person or entity, not a party hereto, to maintain any action for,without limitation,personal injury,property damage, breach of contract, or return of money, or property, deposit(s), cancellation or forfeiture of bonds, financial instruments, pursuant to the terms of this Agreement or otherwise. Notwithstanding any other provision of this Agreement to the contrary, unless otherwise provided, the Parties agree that the LOCALITY or the DEPARTMENT shall not be bound by any agreements between either party and other persons or entities concerning any matter which is the subject of this Agreement,unless and until the LOCALITY or the DEPARTMENT has, in writing, received a true copy of such agreement(s) and has affirmatively agreed, in writing, to be bound by such Agreement. G. Nothing in this Agreement shall be construed as a waiver of the LOCALITY's or the Commonwealth of Virginia's sovereign immunity. H. Should the project be cancelled due to action or inaction by the LOCALITY, the LOCALITY shall be responsible for reimbursement of all funds in accordance with § 33.2-214 of the Code of Virginia (1950), as amended. The LOCALITY will also be responsible for any costs associated with claims and liabilities associated with the early termination of any construction contract(s) or improvement(s) issued pursuant to this Agreement and shall promptly reimburse the DEPARTMENT for all costs incurred or expended by it in connection with the Project. L This Agreement may be terminated by either Party upon 60 days advance written notice to the other Party. Eligible expenses incurred through the date of termination shall be reimbursed to the DEPARTMENT within 60 days subject to the limitations established in this Agreement. J. THE LOCALITY and DEPARTMENT acknowledge and agree that this Agreement has been prepared jointly by the Parties and shall be construed simply and in accordance with its fair meaning and not strictly for or against any Parry. OAG reviewed 7/28/2022 3 VDOT Administered Project Administration Agreement Locality:Frederick County Project Number:0007-034-971,UPC 126749 K. THIS AGREEMENT, when properly executed, shall be binding upon both Parties, their successors and assigns. L. THIS AGREEMENT may be modified in writing only upon mutual agreement of the Parties. The remainder of this page is BLANK OAG reviewed 7/28/2022 4 VDOT Administered Project Administration Agreement Locality:Frederick County Project Number:0007-034-971,UPC 126749 IN WITNESS WHEREOF, each Party hereto has caused this Agreement to be executed by their duly authorized representatives, acknowledging and agreeing that any digital signature affixed hereto shall be considered as an original signature for all purposes and shall have the same force and effect as an original signature. COUNTY OF FREDERICK,VIRGINIA: Signature Date Title NOTE: The official signing for the LOCALITY must attach a certified copy of his or her authority to execute this Agreement. COMMONWEALTH OF VIRGINIA, DEPARTMENT OF TRANSPORTATION: Signature Date Chief of Policy, Commonwealth of Virginia, Department of Transportation Attachments Appendix A Appendix B Appendix C OAG reviewed 7/28/2022 5 Appendix A-VDOT Administered Version: Original Prepared Date: 1/30/2025 Project Details UPC:1126749 State Project#: 0007-034-971 CFDA#: N/A Locality UEI#:IVRF4GXZ4GTH1 Locality:ICOUNTY OF FREDERICK I Address: 107 North Kent St.,Winchester,VA 22601-5039 ROUTE 7 RIGHT&LEFT TURN LANE EXT ONTO ROUTE 659& I-81 NB❑ Work Description: Route 7 Right Turn Lane Extension onto Route 659(Valley Mill Road)&Route 7 Left Project Location 22602-6229 Turn Lane Extension onto I-81 Northbound onramp. Project will add approximately 250' (Zip+4) of additional Right Turn Lane and 250'Left Turn Lane Storage. Project Points of Contact Locality Project Manager VDOT Project Manager Name: John Bishop Name: Matthew Smith Phone: 540-665-5651 Phone: 540-534-3210 Email: jbishop@fcva.us Email: Matthew.Smith@vdot.virginia.gov Project Financing Project Estimate Allocated Funds Type Allocated Funds Local% Local Share Total Phase Cost Amount Participation Local Funds $365,000 100% $365,000 Preliminary Engineering $ $0 Right of Way and Utilities $ $0 Construction 365,000 $0 ITotal Estimate $ 365,000 $0 $0 $0 $0 $0 $0 $0 Funding Totals $365,000 $365,000 Note-The funds order is not indicative of the actual spend order of funds on the project. Payment Schedule FY25 Total Payment $ 365,000W $ 365,000.00 Payment Terms •At Construction Advertisement,VDOT will invoice the LOCALITY for their share of the project costs.The LOCALITY shall make one lump sum payment in the amount of$365,000,to VDOT,no later than 30 days after receipt of VDOT's invoice,and prior to the occurence of any Construction work. •All local funds included on this appendix have been formally committed by the localgovernment's board or council resolution subject to appropriation. This Appendix A supersedes all previous versions signed by VDOT and the LOCALITY for the Project. Authorized Locality Official Date Authorized VDOT Official Date Title of Locality Official Title of VDOT Official This attachment is certified and made an official attachment to this document by the Parties to this Agreement. VDOT Administered Agreement Appendix B—Special Funding Program Conditions and Requirements Project Number UPC Local Government 0007-034-971 126749 Frederick County SMART SCALE Administration of this Project, including but not limited to Project estimate, schedule and commitment to funding, is subject to the requirements established in the Commonwealth Transportation Board's (CTB's)most current Policy for Implementation of the SMART SCALE Project Prioritization Process, the applicable requirements of the Code of Virginia, and VDOT's applicable Instructional and Informational Memoranda. Without limiting the foregoing, this Project has been selected through the Smart Scale (HB2) application and selection process and will remain in the Six-Year Improvement Plan as a funding priority unless certain conditions set forth in the CTB's most current Policy for Implementation of a Project Prioritization Process arise. Pursuant to the CTB's Policy for Implementation of a Project Prioritization Process, this Project will be re-scored and/or the funding decision re- evaluated if any of the following conditions apply: a change in the scope, an estimate increase, or a reduction in the locally/regionally leveraged funds. Applications may not be submitted in a subsequent SMART SCALE prioritization cycle to account for a cost increase on a previously selected project. This Project shall be initiated and at least a portion of the Projects programmed funds expended within one year of the budgeted year of allocation or funding may be subject to reprogramming to other projects selected through the prioritization process. In the event the Project is not advanced to the next phase of construction when requested by the CTB,the LOCALITY or the localities within the metropolitan planning organization may be required,pursuant to § 33.2-214 of the Code of Virginia, to reimburse the DEPARTMENT for all state and federal funds expended on the Project. Revenue Sharing This Project shall be administered in accordance with VDOT's most current Revenue Sharing Program Guidelines. Without limiting the foregoing, the Project shall be initiated such that at least a portion of the Revenue Sharing Funds are expended within one year of allocation. For any project that has not been initiated within one year, the CTB has the discretion to defer consideration of future allocations until the project moves forward. Further, if the Project has not been initiated within two fiscal years subsequent to the allocation of Revenue Sharing Funds, the Revenue Sharing Funds for the Project may be subject to deallocation from the Project at the discretion of the CTB. OAG Reviewed 7/28/2022 1 State of Good Repair (SGR)Paving Project estimate, schedule, and commitment to funding are subject to the requirements established in the CTB's State of Good Repair Program Prioritization Process Methodology, the Code of Virginia, and VDOT's Instructional and Informational Memoranda. Projects receiving funding under this program must be advertised within twelve months of award funding or be subject to deallocation. In the event the Project is not advanced to the next phase of construction,the LOCALITY may be required, pursuant to § 33.2-214 of the Code of Virginia, to reimburse the Department for all state funds expended on the Project. This Project has been selected through the State of Good Repair application and selection process and will remain in the SYIP as a funding priority. Pursuant to the CTB's State of Good Repair Program Prioritization Process Methodology, this Project will be re-scored and/or the funding decision re-evaluated if any of the following conditions apply: a change in the scope, an estimate increase, or a reduction in the locally/regionally leveraged funds. Applications may not be submitted in a subsequent annual State of Good Repair prioritization cycle for the same roadway segment to account for a cost increase on a previously selected Project. Economic Access This Project shall be administered in accordance with VDOT's most current Economic Development Access Program Guide. Airport Access This Project shall be administered in accordance with VDOT's most current Airport Access Program Guide. Recreational Access This Project shall be administered in accordance with VDOT's most current Recreational Access Program Guide. Local Funds All local funds included in Appendix A have been formally committed by the LOCALITY board or council, subject to appropriation. Authorized Locality Official Signature and Date OAG Reviewed 7/28/2022 2 VDOT Administered Projects Appendix C-Detailed Scope of Services Project Number UPC Local Government 0007-034-971 126749 Frederick County 7 1 - Detailed Project Scoj2e of Services VDOT will perform all of the necessary work to construct with State Forces/Hired Equipment. Including, but not limited to design, environmental work, geotechnical, traffic analysis and construction oversight. Authorized Locality Official Signature and Date Authorized VDOT Official Signature and Date Printed Name of Locality Official Printed Name of VDOT Official Title of Locality-Official Title of VDOT Official RESOLUTION AFFIRMING COMM ITM ENT TO FUND THE LOCALITY SHARE OF PROJECTS UNDER AGREEMENT WITH THE VIRGINIA DEPARTMENT OF TRANSPORTATION AND PROVIDE SIGNATURE AUTHORITY WHEREAS, the County of Frederick is a recipient of Virginia Department of Transportation funds under various grant programs for transportation-related projects; and WHEREAS, the Virginia Department of Transportation requires each locality, by resolution, to provide assurance of its commitment to funding its local share; THEREFORE, BE IT HEREBY RESOLVED that the Board of Supervisors of the County of Frederick hereby commits to fund its local share of preliminary engineering, right-of-way, and construction (as applicable) of the project(s) under agreement with the Virginia Department of Transportation in accordance with the project financial document(s); and BE IT FURTHER RESOLVED that the County Administrator and/or his/her designees are authorized to execute all agreements and/or addendums for any approved projects with the Virginia Department of Transportation. Adopted this 10th day of April 2024 on the following recorded vote: Josh Ludwig, Chairman Aye John Jewell Aye Heather H. Lockridge Aye Robert W. Wells Aye Blaine P. Dunn Aye Robert Liero Aye Judith McCann-Slaughter Aye A COPY ATTEST j{ Michael"Bollhoe� Frederick Court' Administrator (locality seal) Res. No. 060-24 PDRes#24-24