COUNTY OF ALBEMARLE
Lewis and Clark Enhancement Project
Resolution to Authorize the County Executive to sign the VDOT Project Administration Agreement and the Pass-Through Agreement with the Lewis and Clark Exploratory Center
Messrs. Tucker, Foley, Davis, Letteri, B.
LEGAL REVIEW: Yes
June 4, 2008
ACTION: X INFORMATION:
The Lewis and Clark Exploratory Center of Virginia (“LCEC”) applied for a $300,000.00 Transportation Enhancement Funds grant from the Virginia Department of Transportation (“VDOT Enhancement Program”) which was proposed to be combined with other grant funds to construct a 2,500 square foot visitor’s center, develop a system of interpretive hiking trails, and create a ferry boat crossing to allow pedestrian passage across the Rivanna River to the greenbelt trails in Pen Park (the “Project”). LCEC’s application for the VDOT Enhancement Program required the County to be responsible for accepting the grant from VDOT. Additionally, the County had to assure VDOT that a 20 percent match would be paid, that the Project would meet all VDOT requirements, and that the County would reimburse VDOT for any costs expended by VDOT if the Project was not completed. On January 10, 2007 the Board of Supervisors adopted a resolution supporting LCEC’s application for the VDOT Enhancement Program and providing the necessary assurances required by VDOT for approval of the VDOT Enhancement Program (Attachment B).
The LCEC’s application has been approved by VDOT, and $150,000 will be allocated to the Project. As a condition of the funds being allocated for the Project, VDOT requires the County to enter into an agreement with VDOT, known as the Project Administration Agreement (“Project Agreement”) (Attachment C), making the assurances legally binding. In turn, the County requires a separate agreement between LCEC and the County, which sets forth LCEC’s agreement to assume all of the County’s responsibilities under the VDOT Enhancement Program and hold the County harmless from any liabilities created by the County’s acceptance of the VDOT Enhancement Program (“Pass-Through Agreement”) (Attachment D).
Goal 1: Enhance the quality of life for all Albemarle County residents.
Goal 2: Protect the County’s natural resources.
Goal 3: Develop policies and infrastructure improvements to address the County’s growing needs.
VDOT requires the Project Agreement to be signed by the County to satisfy the VDOT Enhancement Program requirements necessary for funding eligibility. The Project has three phases: preliminary engineering, right-of-way and utilities, and construction, which estimated costs are attached to the Project Agreement as Appendix A (See Attachment C). Pursuant to the Project Agreement, the Project must be completed by March 11, 2012 or the Project may be subject to de-allocation.
In turn, the County requires execution of the Pass-Through Agreement which outlines the LCEC’s assumption of the County’s obligations and responsibilities for the Project as detailed in the Project Agreement. Pursuant to the Pass-Through Agreement the LCEC is responsible for completing the Project by March 11, 2012 with little County oversight or involvement.
The County’s Office of Facilities Development will monitor this project to assure the County’s obligations to VDOT are met.
There may be some costs associated with administering the Pass-Through Agreement between the County and the LCEC.
Staff recommends adopting the attached Resolution (Attachment E), which authorizes the County Executive to sign both the Project Agreement and Pass-Through Agreement in furtherance of the County’s support for the Project and the VDOT Enhancement Program.
A – January 10, 2007 Executive Summary
B – Certified Resolution adopted by the Board on January 10, 2007
C – VDOT Project Administration Agreement
D – County/LCEC Pass-Through Agreement
E – Resolution
Return to consent agenda
Return to regular agenda