COUNTY OF ALBEMARLE
Thomas Jefferson Parkway Agreements
Approval of Agreement between County and VDOT and Agreement between County and Thomas Jefferson Foundation, Inc. for construction and funding of Thomas Jefferson Parkway Project
Messrs. Tucker, Foley, Davis
LEGAL REVIEW: Yes
July 7, 2004
ACTION: X INFORMATION:
In March of 1997 the Board of Supervisors authorized the County to enter into Agreements with VDOT and the Thomas Jefferson Memorial Foundation, Inc. (Foundation) to secure ISTEA Enhancement funding for the Thomas Jefferson Parkway Project. The Project at that time included Phases I, II and III with the project cost estimated at $4,625,000 of which $3,000,000 was Enhancement Program funded and the balance funded by the Foundation.
In 1998, the Board approved an additional ISTEA Enhancement Program application for Phase IV of the Thomas Jefferson Parkway Project. VDOT approved this application for Enhancement funding for a total project (Phases I, II, III and IV) cost estimated at $6,781,014 of which $3,400,000 will be Enhancement Program funded and the balance funded by the Foundation.
4.2 Fund County services in a fair, efficient manner and provide needed public facilities and infrastructure.
The current Project (Phases I, II and III) and the proposed Phase IV are proceeding with the commitment from the Foundation that it will be responsible for administering the Project. VDOT requires an Agreement with the County (Attachment A) to satisfy the Enhancement Program requirements necessary for funding eligibility. The County requires an Agreement with the Foundation (Attachment B) to pass through to the Foundation the County’s obligations and responsibilities for the Project placed on it by the County’s agreement with VDOT.
The Agreements cover the entire Project (Phases I, II, III and IV) and supersede the prior Agreements for Phases I, II and III. The County/Foundation Agreement makes the Foundation responsible for completing the Project with little County oversight or involvement. The Agreement requires the Foundation to post a bond with the County to assure that the requirements for the Enhancement funding are met by the Foundation, or if not, to provide the funds necessary for the County to reimburse any amount required to be repaid to VDOT for failure to meet the Enhancement Program mandates. Based on the actual work remaining to be completed, the Foundation has posted a $400,000 bond.
Due to miscommunication between the Foundation and VDOT, much of the work for Phase IV has been funded and completed without the necessary Agreements. However, the Agreements must be executed to properly close out this project.
The County Attorney’s Office has approved the Agreements as to form and staff recommends that the Board authorize the County Executive to execute the Agreement for the Development and Administration of the Thomas Jefferson Parkway between the County and VDOT and the corresponding pass-through Agreement between the Foundation and the County. The pass-through Agreement will not be executed until the VDOT Agreement has been executed by VDOT.
View Attachment A
View Attachment B
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