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Arlington County, Virginia

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Arlington County, Virginia ARLINGTON COUNTY, VIRGINIA County Board Agenda Item Meeting of February 12, 2005 DATE: February 2, 2005. SUBJECT: Acceptance of a Deed of Easement from the Department of the Army, a Right-of-Way Permit from the National Park Service, and approval of a Construction Agreement among the Federal Highway Administration and National Park Service for the Potomac Interceptor Sanitary Sewer Project running from Rosslyn through Arlington National Cemetery to Columbia Pike, and appropriation of funds therefor. C. M. RECOMMENDATIONS: Adopt the Motions, attached as Exhibit”4”, to authorize: 1. Acceptance of a Deed of Easement (“Deed”) from the Department of the Army (“Army”) for the Potomac Interceptor Sanitary Sewer Project; 2. Acceptance of a Right-of-Way Permit (“Permit”) from the National Park Service (“NPS”) for the Potomac Interceptor Sanitary Sewer Project; 3. Acceptance of a Construction Agreement (“Agreement”) with Federal Highway Administration (“FHWA”) and the National Park Service (“NPS”) for the Memorial Avenue crossing portion of the Potomac Interceptor Sanitary Sewer Project; 4. The Appropriation of Funds for the Construction Agreement among the FHWA, NPS and the County; and 5. The Engineering Bureau Chief, Engineering and Capital Projects Division, Department of Environmental Services, to execute, on behalf of the County the attached Deed of Easement, Right-of-Way Permit and Construction Agreement, subject to approval, as to form, thereof by the County Attorney. ISSUES: None County Manager: _____________ County Attorney: _____________ Staff: Alan Soon, DES, Right-of-Way Section SUMMARY: The Potomac Interceptor is a major sanitary sewer which serves the east-central portions of Arlington County (“County”), including the Ballston-Courthouse-Rosslyn Metro Corridor. The Potomac Interceptor Sanitary Sewer System (“PI Project”) is designed to construct a parallel 48-inch sanitary sewer to increase the carrying capacity of the portion of the existing sanitary sewer from Rosslyn to Columbia Pike in order to eliminate surcharging and overflows which have occurred in this portion of the system and provide capacity for anticipated build out conditions. Most of the existing sanitary sewer was constructed in the mid-1930's primarily in the then existing County rights-of-way of Arlington Ridge Road. Since that time, with the expansion of Arlington National Cemetery (“ANC”), the Pentagon Road Network and the Marine Corp War Memorial (“Iwo Jima Memorial”), the County has relinquished its’ former right-of-way. An easement will be required from the underlying land owners of River Place and the River Place Cooperative Association. In order to construct the parallel sanitary sewer, an easement is required from ANC and a permit from the Virginia Department of Transportation (“VDOT”). In addition, a right-of-way permit is required from the National Park Service (“NPS”) for the PI Project across and through Iwo Jima Memorial and under and through Memorial Avenue. The NPS has contracted with FHWA to rehabilitate and reconstruct Memorial Avenue. The proposed motions are for the approval of a Deed of Easement from ANC, a Right-of-Way Permit from NPS for portions of the PI project, a Construction Agreement with FHWA and NPS to construct a portion of the PI Project under and through Memorial Avenue, and the appropriation of funds therefor. Adoption of these motions will allow and FHWA to construct a portion of the PI Project once bids have been solicited and the contract is awarded by FHWA. In addition, the County can proceed with final design and construction for the portion of the project from Arlington Boulevard to Columbia Pike. It is anticipated that future Board actions will be required to approve or authorize: 1. a Memorandum of Agreement among NPS, ANC, the County and the Virginia State Historic Preservation Office (“SHPO”) regarding the PI Project submitted to the Advisory Council on Historic Preservation pursuant to 36 CFR 800.6(b); 2. a Deed of Easement from Arland , LLC, Monument Associates and the River Place Cooperative Board of Directors for a public sanitary sewer easement and related structures ; 3. an amendment of a contract between the County Board and Camp, Dresser & McKee, Inc. (“CDM”) for construction services, and; 4. a construction contract award or awards by the County for the PI Project depending on construction phasing. BACKGROUND: The PI Project is in the final design stages, however, the timing to complete and execute the Deed, Permit and Agreement (Exhibits “1”, “2” and “3”) for a portion of the PI Project has been accelerated at the request of FHWA and the NPS due to the planned rehabilitation and redesign of Memorial Avenue (“Project”) between Arlington National Cemetery and the Arlington Memorial Bridge by NPS and FHWA, which should begin in the spring or summer 2005. NPS, FHWA and the County anticipate that the improvements Adopt a Motion Approving a Deed of Easement, - 2 - 1/27/2005 a Right-of-Way Permit and a Construction Agreement undertaken pursuant to the Project will be completed prior to the County’s final design and construction of the PI Project, which would include installation of a portion of the PI Project under and across Memorial Avenue. Since the PI Project will cross under and through Memorial Avenue, this is an opportune time to construct the Memorial Avenue portion of the PI Project, in accordance with the Memorial Avenue Crossing plans prepared by CDM in January 2005, concurrently with the reconstruction of Memorial Avenue. To ensure that the County’s PI Project will not destroy or damage the completed Project, and to make the most efficient use of time required to close Memorial Avenue during the Project, FHWA proposes to install the portion of the PI Project that will be built under and through Memorial Avenue. The work undertaken pursuant to NPS and FHWA project PRA-GWMP-P11(2) for the completion of all construction rehabilitation work on Memorial Avenue (“Project”) will include paving the roadway, constructing concrete sidewalks and upgrading storm sewer pipes and new drainage inlets. The PI Project portion of the work will be completed, at the County’s expense, for that portion of the proposed 48” gravity sanitary sewer line under and through Memorial Avenue, along with design and construction for the relocation of a portion of an existing NPS 24” storm sewer in conflict with the proposed 48” gravity sanitary sewer line. DISCUSSION: The Deed of Easement is for a term of fifty (50) years. The easement runs through the ANC running north to south, primarily along Eisenhower Avenue terminating at Columbia Pike. The Deed contains a relocation clause permitting the United States to require Arlington County to relocate the installed sanitary sewer elsewhere on ANC property at the County’s expense. We are advised by the Army that the relocation provision in the Deed is a standard provision required by the Army and its policies. The Right-of-Way Permit is for a term of ten (10) years. The Permit allows construction and maintenance of the PI Project on NPS parklands across and through a portion of the Iwo Jima Memorial property and across and through Memorial Avenue. The Right-of-Way Permit is a license, which may be terminated upon breach of the conditions or at the discretion (revocable at will) of the NPS Regional Director. Prior to NPS issuing the Right-of-Way Permit, NPS will require acceptance of a SHPO Memorandum Of Agreement among NPS, ANC, the County and The Virginia State Historic Preservation Office regarding the PI Project submitted to the Advisory Council on historic preservation pursuant to 36 CFR 800.6(b). The Agreement authorizes the County Board of Arlington County, Virginia to enter into a construction agreement with NPS and FHWA to construct a portion of the PI Project under and across Memorial Avenue with an anticipated construction period of ninety (90) to one hundred twenty (120) days. FHWA policy requires payment of the funds in advance. The Agreement provides that if the PI Project across and through Memorial Avenue has not been completed by December 31, 2006, all County funds will be returned by FHWA to the County within ninety (90) days. When the PI Project across and through Memorial Avenue is completed then FHWA will return any unused funds will be returned to the County. In addition to authorizing acceptance of the Agreement, the County Board, by the attached motion, will appropriate funds in the amount of Three Hundred Seventy Five Thousand Dollars and No Cents ($375,000.00) to fund construction of the Memorial Avenue crossing, which amount includes FHWA construction oversight charges and administrative charges as well as reimbursement for design work provided by FHWA to be paid to FHWA in advance for the Agreement. Adopt a Motion Approving a Deed of Easement, - 3 - 1/27/2005 a Right-of-Way Permit and a Construction Agreement The attached vicinity map (Exhibit “5”) shows the location of the property interests for the PI Project through River Place Cooperative, across Arlington Boulevard and Columbia Pike on VDOT property and both the NPS property and the ANC property. The locations, real property code, type of deed, project number, the area to which the easement(s) and right-of-way permit apply are more fully shown on the Plans. FISCAL IMPACT: Because the Deed and the Permit will be conveyed to the County Board for nominal consideration, no significant fiscal impact related to the acquisition of the Deed or the Permit is expected. The Agreement has an estimated cost of at Three Hundred Seventy Five Thousand Dollars and No Cents ($375,000.00). Funds are available in the Utility Fund (019FI), Pay-As-You-Go budget for sanitary sewer system improvements program in Account #019.339/SA20. Adopt a Motion Approving a Deed of Easement, - 4 - 1/27/2005 a Right-of-Way Permit and a Construction Agreement Exhibit “4 MOTIONS I move that the County Board of Arlington County, Virginia: 1.
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