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HomeMy WebLinkAboutSUB201400016 Agreements 2014-01-29 v,wr JOHN R.MACH,TRUSTEE Successor Trustee of the Collett M.Thach and Edith C.Thach Trusts 18 Mystic Lane Malvern,PA 19355 March 6,2014 Rivanna Water and Sewer Authority c/a Thomas Frederick 695 Moore's Creek Lane Charlottesville,VA 22902 In re: Collett M.Thach Trust and Edith C.Thach Trust(collectively,the "Trust")Property—Permission Letter for use of road on Albemarle County TMP 78-21B Dear Tom: On behalf of the Trust,we are agreeing to terms proposed by your attorney,Kurt Krueger,regarding the use of a portion of a private road sometimes referred to as"Pireus Row" on the Trust Property as follows: 1. The Trust would let RWSA use Pireus Row(as shown on the BLA plat of Draper Aden dated September 5,2013)for access the northern boundary of RWSA's plant until such time as 90 days'notice is given from the Trust to RWSA to cease using it;provided that such notice,if given during the Indiana bat nesting season,would be extended such that the 90 day period would begin at the end of the season(because we could not cut trees until the season is over and then our 90 days would begin to run),or would have to be given at least 45 days prior to the start of the season to allow us to mobilize and cut the trees before the season starts. Notice would not be given prior to October 1,2015. The season is April 1 to September 30. 2. RWSA would bush hog and"tine"and overseed with perennial grass seed the area between Pireus Row and its Access Easement bounded by the first four segments of its Access Easement from Broadway on the west and by Pireus Row on the east(the segments marked 62.64 ft.,92.98 ft.,67.28 ft.and 93.14 ft.). RWSA would also plant a single row of tree"whips"along the edge of the first two and the fourth segments (avoiding the City sewer easement under the third 67.28 ft.segment),with the species to be chosen by the Trust from a list of suitable species RWSA's landscaping contractor would provide and planted within a season for planting recommended by that contractor. The whips will be planted outside RWSA's Access Easement such that they when mature,would not overhang RWSA's easement and would require permission from the Trust to plant on its land adjacent to but,outside of,RWSA's Access Easement. The bush hoe.tine and seeding work will done in the early fail of 2014 or at a later time at the Trust's option. *me -.see' 3. Before its use begins,RWSA would fill the potholes on the portion of Pireus Row that it would use and would maintain the road per Item 7 on the contractor's spec.sheet,a copy of which is attached and incorporated herein by reference,during its use of the road. 4. At the end of its use of Pireus Row following the notice under Item 1,RWSA would pave the entire width the portion of the road it used with I i in.of asphalt and reseed any areas adjacent to the road dam:+ed by use or by the paving operations, The underlined Ianguage above denotes slight departures from the language crafted by Mr.Krueger. If you are in agreement with this letter,please have it signed below and return a copy to me. Sincerely, ,,,, f� ----- ohn R.Thach,Trustee The fo .:oin is agreed: RIV• 114A Wilt.'-, -R AUTHORITY r , B L t 4* Ti <. .�.:rAta' +lO.IM r Date: 3(711.4- Following the relocation of the ductbank, the force main bypass and waterline relocation work can begin. Demolition of the Chlorine Building must be completed prior to excavation. 2. The existing Chlorine Building generator, transfer switch, switchboard, diesel storage tank, batteries, battery charger, and all other accessories associated with the existing standby power generator shall be removed and returned to the Owner. The Contractor shall relocate all equipment to be returned to the Owner to the new location on the Moores Creek Advanced WWTP site as directed by the Owner. RWSA will remove any diesel from the tank prior to its salvage. 3. The Contractor is fully responsible for coordinating the installation of the new electric utility service transformer with Dominion Virginia Power (reference Specification 16000). The utility service transformer shall be located as shown on the Drawings. The utility service transformer shall be used to supply power to the Tunnel Boring Machine (TBM). The Contractor shall closely coordinate with Dominion Virginia Power to ensure the utility transformer is installed and operational before the tunneling process begins and as needed for the setup of the tunneling equipment. The Contractor shall furnish and install a temporary service entrance disconnect switch as shown on the drawings to supply power to the TBM. The Contractor will be required to pay for the power associated with the tunnel construction until substantial completion associated with Interim Completion Date No. 1 is achieved. The Contractor will not be responsible for fees from Dominion Virginia Power associated with establishing the connections. 4. No blasting shall be allowed while the TBM is in the tunnel. 5. The Contractor shall not be permitted to construct the pump station north of the construction joint identified in the Drawings until the tunnel and interceptor have been completed, grouted and tested and the waste from the tunnel portion of the project has been removed. 6. All waste from the tunneling portion of the project shall be removed in accordance with the Contract Documents. 7. The Contractor shall maintain the existing access through the project area on the Thach property north of the Rivanna Pump Station for the duration of the project. Access must include provisions for an 18 wheeler to navigate the access road. Contractor shall maintain the access in better or existing operating condition throughout the entire project. All potholes, pavement degradation, etc. shall be repaired throughout the project at the contractor's sole expense to the satisfaction of the Owner. 8. The Contractor is required to protect the interceptor and tunnel from flooding during the exit shaft construction, bypass pumping and demolition of the existing Rivanna Pump Station. 9. The new Rivanna Pump Station and Rivanna interceptor Tunnel shall be fully completed and tested prior to beginning bypass pumping. The new RPS and the and bypass pumping system shall have demonstrated continuous, trouble-free successful service for a minimum of seven (7) days before the demolition of the 39037-042/01520ADD1&3:02-19-94 01520_ADD1&3-8 RPS& RPS TUNNEL Conformed to Addendum No. 1 &3