2020-05-04 17 00-Russell BOS-Regular Meeting-Packet

2020-05-04 17 00-Russell BOS-Regular Meeting-Packet

Document Date: May 4, 2020 Document: 2020-05-04_17_00-Russell_BOS-Regular_Meeting-Packet.pdf

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Agenda Board of Supervisors May 4, 2020

Russell County Page 1

RUSSELL COUNTY

BOARD OF SUPERVISOR’S MEETING

AGENDA – MAY 4, 2020

Board Room Regular Meeting 5:00 PM

Russell County Governmental Center

Lebanon, Virginia 24266

The Russell County Board of Supervisors Meetings will be held pursuit to the Russell County Emergency Ordinance of April 6, 2020 to allow for the Continuity of Government Operations During the Pandemic, including Altering the Process for Conducting Public Meetings; Restricting the Use of Public Buildings or Facilities; Providing Additional Powers to the Director of Emergency Management to Incur Costs, Waive Procedures, and Take Other Temporary Actions; and Suspending Deadlines and Procedures.

CALL TO ORDER – Clerk of the Board

ROLL CALL – Clerk of the Board

EXECUTIVE SESSION (CLOSED) – Legal & Personnel Matters
(SCHEDULED ONE HOUR BEFORE REGULAR BOS MEETING - - REGULAR BOS MEETING BEGINS AT 6 P.M.)

INVOCATION – Chairperson

PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA

APPROVAL OF AGENDA

PUBLIC HEARING

Russell County Fiscal-Year 2020/2021 Budget Public Hearing

NEW BUSINESS

Approval of Minutes. Consider approval of the minutes of the
following meeting of the Russell County Board of Supervisors………………A-1

Agenda Board of Supervisors May 4, 2020

RUSSELL COUNTY

BOARD OF SUPERVISOR’S MEETING AGENDA - MAY 4, 2020

Board Room Regular Meeting 5:00 PM

Russell County Governmental Center Lebanon, Virginia 24266

The Russell County Board of Supervisors Meetings will be held pursuit to the Russell County Emergency Ordinance of April 6, 2020 to allow for the Con of Government Oj , including Altering, the Process for Conducting Public Meetings; Restricting the Use of Public Buildings or Facilities; Providing Additional Powers to the Director of Emergency Management to Incur Costs, Waive Procedures, and Take Other Temporary Actions; and Suspending Deadlines and Procedures.

CALL TO ORDER - Clerk of the Board ROLL CALL - Clerk of the Board

EXECUTIVE SESSION (CLOSED) - Legal & Personnel Matters (SCHEDULED ONE HOUR BEFORE REGULAR BOS MEETING - - REGULAR BOS MEETING BEGINS AT 6 P.M.)

INVOCATION — Chairperson PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA APPROVAL OF AGENDA PUBLIC HEARING

Russell County Fiscal-Year 2020/2021 Budget Public Hearing NEW BUSINESS
Approval of Minutes. Consider approval of the minutes of the following meeting of the Russell County Board of Supervisors…

Russell County Page 1

Agenda Board of Supervisors May 4, 2020

Russell County Page 2

a. Unapproved minutes of April 6, 2020 b. Unapproved minutes of April 28, 2020

Approval of Expenditures. Consider approval of expenditures presented

for payment………………………………………………………………………………A-2

CITIZEN’S COMMENT PERIOD

• Russell County Residents can participate in citizen’s comment by phone.
(Limited to 3 minutes).

United States: +1 (872) 240-3212
Access Code: 837-470-693#

• Board of Supervisor’s Lobby. Due to Coronavirus (COVID-19) - Citizen Comment Period will be guided by Executive Order Fifty-Three Restrictions issued on March 23, 2020 concerning community spread and person-to-person interactions will be limited to the Ten (10) Person Only Ban though Video/Audio/ Electronic Methods and limited to 3 minutes per person.

CONSTITUTIONAL OFFICER REPORTS AND REQUESTS

COUNTY ATTORNEY REPORTS AND REQUESTS

Continuity of Government Emergency Ordinance…………………………………B-1
Courthouse Project Management Services Contract………………………………B-2
CPWMA User Agreement……………………………………………………………….B-3
Personnel Policy Update……………………………………………………………….B-4

COUNTY ADMINISTRATOR REPORTS AND REQUESTS

REPORTS

RC Landfill 258 & 515 Groundwater/Gas Closures…………………………………C-1

REQUESTS

CDBG Planning Grant – Cleveland Sewer Treatment Plant Upgrade…….……C-2
VT CDAC Letter of Confirmation for U.S. Environmental Protection

Agency’s (EPA) Brownfields Assessment Grant……………………………………C-3

Russell County Sheriff & Washington County Sheriff Mutual Aid and
Cooperation Agreement for Law Enforcement Services (2020-2023)………….C-4

Agenda Board of Supervisors May 4, 2020 a. Unapproved minutes of April 6, 2020 b. Unapproved minutes of April 28, 2020

Approval of Expenditures. Consider approval of expenditures presented for payment…

CITIZEN’S COMMENT PERIOD

Russell County Residents can participate in (Limited to 3 minutes).

itizen’s comment by phone.

United States: +1 (872) 240-3212 Access Code: 837-470-693#

«Board of Supervisor’s Lobby. Due to Coronavirus (COVID-19) - Citizen Comment Period will be guided by Executive Order Fifty-Three ns issued on March 23, 2020 concerning community spread and person-to-person interactions 3d to the Ten (10) Person Only Ban though Video/Audio/ Electronic Methods and minutes per person.

CONSTITUTIONAL OFFICER REPORTS AND REQUESTS COUNTY ATTORNEY REPORTS AND REQUESTS

Continuity of Government Emergency Ordinance.
Courthouse Project Management Services Contract.
CPWMA User Agreement…
Personnel Policy Update… COUNTY ADMINISTRATOR REPORTS AND REQUESTS

REPORTS

RC Landfill 258 & 515 Groundwater/Gas Closures.

REQUESTS

CDBG Planning Grant - Cleveland Sewer Treatment Plant Upgrade…
VT CDAC Letter of Confirmation for U.S. Environmental Protection Agency’s (EPA) Brownfields Assessment Grant.
Russell County Sheriff & Washington County Sheriff Mutual Aid and Cooperation Agreement for Law Enforcement Services (2020-2023)…

Russell County

Agenda Board of Supervisors May 4, 2020

Russell County Page 3

Russell County Sheriff & Buchanan County Sheriff Mutual Aid and

Cooperation Agreement for Law Enforcement Services (2020-2023)………….C-5

CPRHA Five-Year Action Plan & Annual Environmental Review Plan…………C-6
Lebanon Elementary School Wall Repair Contract .………………………………C-7
Honaker School Property Transfer Public Hearing…………………………………C-8

MATTERS PRESENTED BY THE BOARD

ADJOURNMENT

COUNTY AGENCY / BOARD REPORTS:

• Treasurer’s Report ………………………………………………………………………D • RC IDA …………………………………………………………………………………….E • RC PSA …………………………………………………………………………………… F • RC Tourism……………………………………………………………………………….G • RC Planning Commission ………………………………………………………………H • Conference Center………………………………………………………………………I • RC Fitness Center……………………………………………………………………….J • RC Transportation & Safety……………………………………………………………K • RC Cannery Reports…………………………………………………………………….L • RC Building Inspector……………………………………………………………………M • RC Litter Report………………………………………………………………………….N

Agenda Board of Supervisors

Russell County Sheriff & Buchanan County Sheriff Mutual Aid and Cooperation Agreement for Law Enforcement Services (2020-2023).
CPRHA Five-Year Action Plan & Annual Environmental Review Plan…
Lebanon Elementary School Wall Repair Contract …
Honaker School Property Transfer Public Hearing…

MATTERS PRESENTED BY THE BOARD

ADJOURNMENT

COUNTY AGENCY / BOARD REPORTS:

Treasurer’s Report. RC IDA. RC PSA RC Tourism. RC Planning Commission . Conference Center. RC Fitness Center. RC Transportation & Safety. RC Cannery Reports… RC Building Inspector. RC Litter Report…

May 4, 2020

Russell County

Page 3

CLOSED SESSION

Motion made by , second by and duly approved by the Board of Supervisors enter into closed session to discuss Legal Matters pursuant to Section 2.2-3711(A) (1), (7), (8).

The vote was: Aye:
Nay:

CERTIFICATION OF CLOSED SESSION

Pursuant to §2.2-3712 (D) of the Code of Virginia 1950, as amended, each member of the Board of Supervisors upon the Roll Call certifies that to the best of their knowledge (i) only public business matters lawfully exempted from the open meeting requirements under the Virginia Freedom of Information Act and (ii) only such public business matters that were identified in the motion(s) by which the closed meeting was convened were heard, discussed or considered in the meeting by the Board of Supervisors.

Any member of the Board of Supervisors who believes that there was a departure from the requirements of clauses (i) and (ii) above shall so state prior to the vote, indicating the substance of the departure that, in his or her judgment, has taken place.

Are there any Supervisors who believe a departure has taken place?

Seeing none, if you agree that the matters heard, discussed or considered during the closed meeting were pursuant only to the motion(s) by which the closed meeting was convened, please signify by saying aye or yes.

Tim Lovelace -

Lou Ann Wallace -

Carl Rhea -

Steve Breeding -

David Eaton -

Rebecca Dye -

Oris Christian -

APPROVAL TO RETURN TO REGULAR SESSION

Motion made by , second by and duly approved by the Board of Supervisors to return to regular session.

The vote was: Aye:
Nay:

CLOSED SESSION

Motion made by. , second by, and duly approved by the Board of Supervisors enter into closed session to discuss Legal Matters pursuant to Section 2.2-3711(A) (1), (7), (8).

The vote was: Aye Nay:

CERTIFICATION OF CLOSED SESSION

Pursuant to §2.2-3712 (D) of the Code of Virginia 1950, as amended, each member of the Board of Supervisors upon the Roll Call certifies that to the best of their knowledge (i) only public business matters lawfully exempted from the open meeting requirements under the inia Freedom of Information Act and (ii) only such public business matters that were identified in the motion(s) by which the closed meeting was convened were heard, discussed or considered in the meeting by the Board of Supervisors.

Are there any Supervisors who believe a departure has taken place?

Tim Lovelace - Lou Ann Wallace - Carl Rhea - Steve Breeding - David Eaton - Rebecca Dye - Oris Christian - APPROVAL TO RETURN TO REGULAR SESSION

Motion made by. , second by. and duly approved by the Board of Supervisors to return to regular session.

The vote was: Aye: Nay:

Russell County Government Center

137 Highland Drive · Lebanon, Virginia 24266 · (276) 889-8000 · Fax (276) 889-8011 www.russellcountyva.us

Board of Supervisors Action Item

137 Highland Drive Presenters - Chairperson Lebanon, VA 24266

     Meeting: 5/4/20     6:00 PM

Public Hearing

Russell County Fiscal-Year 2020/2021 Budget Public Hearing

Staff Recommendation:

Board Discretion.

Suggested Motion:

Board Discretion.

ATTACHMENTS: • FY 20/21 Proposed County Budget

Board of Supervisors Action Item 137 Highland Drive Presenters - Chairperson Lebanon, VA 24266

Meeting: 5/4/20 6:00 PM

Public Hearing

Russell County Fiscal-Year 2020/2021 Budget Public Hearing

Staff Recommendation: Board Discretion. Suggested Motion: Board Discretion.

ATTACHMENTS:

FY 20/21 Proposed County Budget

Russell County Government Center 137 Highland Drive - Lebanon, Virginia 24266 - (276) 889-8000 - Fax (276) 889-8011 www.russellcountyva.us

 Board of Supervisors                       Action Item A-1

137 Highland Drive Presenter: Chairperson Lebanon, VA 24266

    Meeting: 5/4/20       6:00 PM

Russell County Government Center

137 Highland Drive · Lebanon, Virginia 24266 · (276) 889-8000 · Fax (276) 889-8011 www.russellcountyva.us

Approval of Minutes

Request approval of the minutes from the following meeting:

• Unapproved minutes of April 6, 2020 • Unapproved minutes of April 28, 2020

STAFF RECOMMENDATION(s): Board discretion

SUGGESTED MOTION(s): Motion to approve Board Minutes.

ATTACHMENTS:

• Board Minutes

Board of Supervisors Action Item A-1

137 Highland Drive Presenter: Chairperson Lebanon, VA 24266

Meeting: 5/4/20 6:00 PM

Approval of Minutes

Request approval of the minutes from the following meeting: ‘+ Unapproved minutes of April 6, 2020

Unapproved minutes of April 28, 2020

STAFF RECOMMENDATION(s): Board discretion

SUGGESTED MOTION(s): Motion to approve Board Minutes.

ATTACHMENTS:

Board Minutes

Russell County Government Center 137 Highland Drive - Lebanon, Virginia 24266 - (276) 889-8000 - Fax (276) 889-8011 www.russellcountyva.us

April 06, 2020

A regular monthly meeting of the Russell County Board of Supervisors was held on Monday, April 06, 2020 at 6:00 pm at the Russell County Government Center in Lebanon, Virginia.

The Clerk called the meeting to order.

Roll Call by the Clerk:

Present:

Tim Lovelace Lou Wallace Carl Rhea David Eaton Steve Breeding Oris Christian Rebecca Dye

Lonzo Lester, Clerk Vicki Porter, Deputy Clerk Katie Patton, County Attorney

Absent: None

Invocation by the Chairperson, followed by the Pledge of Allegiance to the Flag.

APPROVAL OF THE AGENDA

Motion made by David Eaton, second Steve Breeding and duly approved by the Board of Supervisors to approve the agenda as presented.

The vote was: Aye: David Eaton, Steve Breeding, Tim Lovelace, Lou Wallace, Carl Rhea, Rebecca Dye and Oris Christian Nay: None

County Attorney Reports and Requests

The County Attorney asked that the Board to approve an Ordinance to allow for the continuation of government during the Corona Virus pandemic.

APPROVAL OF AN ORDINANCE FOR THE CONTINUITY OF GOVERNMENT OPERATIONS

Motion made by David Eaton, second Steve Breeding and duly approved by the Board of Supervisors to approve an Ordinance for the Continuity of Government Operations during the Corona Virus pandemic.

The vote was: Aye: David Eaton, Steve Breeding, Lou Wallace, Tim Lovelace, Carl Rhea, Rebecca Dye and Oris Christian Nay: None

April 06, 2020

A regular monthly meeting of the Russell County Board of Supervisors was held on Monday, April 06, 2020 at 6:00 pm at the Russell County Government Center in Lebanon, Virginia.

The Clerk called the meeting to order. Roll Call by the Clerk: Present:

Tim Lovelace Lou Wallace Carl Rhea David Eaton Steve Breeding Oris Christian Rebecca Dye

Lonzo Lester, Clerk Vicki Porter, Deputy Clerk Katie Patton, County Attorney ‘Absent: None

Invocation by the Chairperson, followed by the Pledge of Allegiance to the Flag

APPROVAL OF THE AGENDA

Motion made by David Eaton, second Steve Breeding and duly approved by the Board of Supervisors to approve the agenda as presented.

The vote was:

Aye: David Eaton, Steve Breeding, Tim Lovelace, Lou Wallace, Carl Rhea, Rebecca Dye and Oris Christian Nay: None

County Attorney Reports and Requests

The County Attorney asked that the Board to approve an Ordinance to allow for the continuation of government during the Corona Virus pandemic.

‘APPROVAL OF AN ORDINANCE FOR THE CONTINUITY OF GOVERNMENT OPERATIONS

Motion made by David Eaton, second Steve Breeding and duly approved by the Board of Supervisors to approve an Ordinance for the Continuity of Government Operations during the Corona Virus pandemic.

The vote was: ‘Aye: David Eaton, Steve Breeding, Lou Wallace, Tim Lovelace, Carl Rhea, Rebecca Dye and Oris Christian Nay: None

New Business

APPROVAL OF THE MARCH 02, 2020 MINUTES

Motion made by David Eaton, second Steve Breeding and duly approved by the Board of Supervisors to approve the March 02, 2020 minutes and dispense with the reading thereof.

The vote was: Aye: David Eaton, Steve Breeding, Tim Lovelace, Lou Wallace, Carl Rhea, Rebecca Dye and Oris Christian Nay: None

APPROVAL OF THE MARCH 17, 2020 MINUTES

Motion made by Steve Breeding, second Lou Wallace and duly approved by the Board of Supervisors to approve the March 17, 2020 minutes and dispense with the reading thereof.

The vote was: Aye: Steve Breeding, Lou Wallace, Tim Lovelace, Carl Rhea, David Eaton, Rebecca Dye and Oris Christian Nay: None

APPROVAL OF GENERAL COUNTY INVOICES

Motion made by David Eaton, second Steve Breeding and duly approved by the Board of Supervisors to approve general county invoices in the amount of $586,343.05, including reoccurring and withholdings.

The vote was: Aye: David Eaton, Steve Breeding, Tim Lovelace, Lou Wallace, Carl Rhea, Rebecca Dye and Oris Christian Nay: None

The Chair opened citizens comment period, hearing none it was closed.

County Administrator Reports and Requests

APPROVAL OF AN ADDITIONAL $24,107.30 FOR THE CSA

Motion made by David Eaton, second Carl Rhea and duly approved by the Board of Supervisors to approve an additional allocation of $24,107.30 for the CSA.

The vote was: Aye: David Eaton, Carl Rhea, Tim Lovelace, Lou Wallace, Steve Breeding, Rebecca Dye and Oris Christian Nay: None

APPROVAL TO INTERVIEW CONTRACTORS FOR THE LEBANON ELEMENTARY SCHOOL PROJECT

Motion made by Steve Breeding, second Lou Wallace and duly approved by the Board of Supervisors to move forward with interviews for the Lebanon Elementary School Project contract.

New Business APPROVAL OF THE MARCH 02, 2020 MINUTES

Motion made by David Eaton, second Steve Breeding and duly approved by the Board of Supervisors to approve the March 02, 2020 minutes and dispense with the reading thereof,

The vote was: ‘Aye: David Eaton, Steve Breeding, Tim Lovelace, Lou Wallace, Carl Rhea, Rebecca Dye and Oris Christian Nay: None

‘APPROVAL OF THE MARCH 17, 2020 MINUTES

Motion made by Steve Breeding, second Lou Wallace and duly approved by the Board of Supervisors to approve the March 17, 2020 minutes and dispense with the reading thereof.

The vote was: ‘Aye: Steve Breeding, Lou Wallace, Tim Lovelace, Carl Rhea, David Eaton, Rebecca Dye and Oris Christian Nay: None

APPROVAL OF GENERAL COUNTY INVOICES

The vote was: ‘Aye: David Eaton, Steve Breeding, Tim Lovelace, Lou Wallace, Carl Rhea, Rebecca Dye and Oris Christian Nay: None The Chair opened citizens comment period, hearing none it was closed. County Administrator Reports and Requests APPROVAL OF AN ADDITIONAL $24,107.30 FOR THE CSA

Motion made by David Eaton, second Carl Rhea and duly approved by the Board of Supervisors to approve an additional allocation of $24,107.30 for the CSA.

The vote was: ‘Aye: David Eaton, Carl Rhea, Tim Lovelace, Lou Wallace, Steve Breeding, Rebecca Dye and Oris Christian Nay: None

APPROVAL TO INTERVIEW CONTRACTORS FOR THE LEBANON ELEMENTARY SCHOOL PROJECT

Motion made by Steve Breeding, second Lou Wallace and duly approved by the Board of Supervisors to move forward with interviews for the Lebanon Elementary School Project contract.

The vote was: Aye: Steve Breeding, Lou Wallace, Tim Lovelace, Carl Rhea, David Eaton, Rebecca Dye and Oris Christian Nay: None

PUBLIC HEARING TO BE HELD ON THE FY 2020/2021 BUDGET

Motion made by Steve Breeding, second Lou Wallace and duly approved by the Board of Supervisors to hold a public hearing on the FY 2020/2021 Budget on May 04, 2020 at 6:00 pm.

The vote was: Aye: Steve Breeding, David Eaton, Lou Wallace, Tim Lovelace, Carl Rhea, Rebecca Dye and Oris Christian Nay: None

APPROVAL TO ADJOURN

Motion made by David Eaton, second Steve Breeding and duly approved by the Board of Supervisors to adjourn.

The vote was: Aye: David Eaton, Steve Breeding, Carl Rhea, Lou Wallace, Tim Lovelace, Rebecca Dye and Oris Christian Nay: None

Clerk of the Board Chairperson

The vote was: ‘Aye: Steve Breeding, Lou Wallace, Tim Lovelace, Carl Rhea, David Eaton, Rebecca Dye and Oris Christian Nay: None

PUBLIC HEARING TO BE HELD ON THE FY 2020/2021 BUDGET

Motion made by Steve Breeding, second Lou Wallace and duly approved by the Board of Supervisors to hold a public hearing on the FY 2020/2021 Budget on May 04, 2020 at 6:00 pm.

The vote was: ‘Aye: Steve Breeding, David Eaton, Lou Wallace, Tim Lovelace, Carl Rhea, Rebecca Dye and Oris Christian Nay: None

APPROVAL TO ADJOURN

Motion made by David Eaton, second Steve Breeding and duly approved by the Board of Supervisors to adjourn.

The vote was:

‘Aye: David Eaton, Steve Breeding, Carl Rhea, Lou Wallace, Tim Lovelace, Rebecca Dye and Oris Christian Nay: None

Clerk of the Board Chairperson

April 28, 2020

A special called meeting of the Russell County Board of Supervisors was held on Tuesday, April 28, 2020 at 6:00 pm at the Russell County Government Center in Lebanon, Virginia.

The Clerk called the meeting to order.

Roll Call by the Clerk:

Present (GoToMeeting):

Tim Lovelace Lou Wallace Carl Rhea David Eaton Steve Breeding, Vice Chairman
Rebecca Dye, Chairperson
Oris Christian

Lonzo Lester, Clerk
Vicki Porter, Deputy Clerk Katie Patton, County Attorney

Absent:
None

Invocation by Chairperson Rebecca Dye, followed by the Pledge of Allegiance to the Flag.

APPROVAL OF THE AGENDA

Motion made by Lou Wallace, second Oris Christian and duly approved by the Board of Supervisors to approve the agenda as presented.

The vote was: Aye: Lou Wallace, Oris Christian, Tim Lovelace, Carl Rhea, David Eaton, Steve Breeding and Rebecca Dye Nay: None

New Business

APPROVAL OF A 21ST CENTURY GRANT FOR LEBANON HIGH SCHOOL

Motion made by Steve Breeding, second Carl Rhea and duly approved by the Board of Supervisors to approve a 21st Century After School Program Grant in the amount of $140,500 for Lebanon High School.

The vote was: Aye: Steve Breeding, Carl Rhea, Tim Lovelace, Lou Wallace, David Eaton, Rebecca Dye and Oris Christian Nay: None

April 28, 2020

A special called meeting of the Russell County Board of Supervisors was held on Tuesday, April 28, 2020 at 6:00 pm at the Russell County Government Center in Lebanon, Virginia.

The Clerk called the meeting to order. Roll Call by the Clerk: Present (GoToMeeting):

Tim Lovelace Lou Wallace

Carl Rhea

David Eaton

‘Steve Breeding, Vice Chairman Rebecca Dye, Chairperson Oris Christian

Lonzo Lester, Clerk Vicki Porter, Deputy Clerk Katie Patton, County Attorney

Absent: None

Invocation by Chairperson Rebecca Dye, followed by the Pledge of Allegiance to the Flag. APPROVAL OF THE AGENDA

Motion made by Lou Wallace, second Oris Christian and duly approved by the Board of Supervisors to approve the agenda as presented.

The vote was: ‘Aye: Lou Wallace, Oris Christian, Tim Lovelace, Carl Rhea, David Eaton, Steve Breeding and Rebecca Dye Nay: None

New Business APPROVAL OF A 21°" CENTURY GRANT FOR LEBANON HIGH SCHOOL

Motion made by Steve Breeding, second Carl Rhea and duly approved by the Board of Supervisors to approve a 21* Century After School Program Grant in the amount of $140,500 for Lebanon High School.

The vote was: ‘Aye: Steve Breeding, Carl Rhea, Tim Lovelace, Lou Wallace, David Eaton, Rebecca Dye and Oris Christian Nay: None

APPROVAL OF A 21ST CENTURY GRANT FOR CASTLEWOOD HIGH SCHOOL

Motion made by Steve Breeding, second Carl Rhea and duly approved by the Board of Supervisors to approve a 21st Century After School Program Grant in the amount of $139,000 for Castlewood High School.

The vote was: Aye: Steve Breeding, Carl Rhea, Tim Lovelace, David Eaton, Lou Wallace, Rebecca Dye and Oris Christian Nay: None

APPROVAL TO ADJOURN

Motion made by David Eaton, second Oris Christian and duly approved by the Board of Supervisors to adjourn.

The vote was: Aye: David Eaton, Oris Christian, Lou Wallace, Tim Lovelace, Carl Rhea, Rebecca Dye and Steve Breeding Nay: None

Clerk of the Board Chairperson

APPROVAL OF A 21°" CENTURY GRANT FOR CASTLEWOOD HIGH SCHOOL

Motion made by Steve Breeding, second Carl Rhea and duly approved by the Board of Supervisors to approve a 21" Century After School Program Grant in the amount of $139,000 for Castlewood High School.

The vote was: ‘Aye: Steve Breeding, Carl Rhea, Tim Lovelace, David Eaton, Lou Wallace, Rebecca Dye and Oris Christian

Nay: None

APPROVAL TO ADJOURN

Motion made by David Eaton, second Oris Christian and duly approved by the Board of Supervisors to adjourn.

The vote was: Aye: David Eaton, Oris Christian, Lou Wallace, Tim Lovelace, Carl Rhea, Rebecca Dye and Steve Breeding

Nay: None

Clerk of the Board Chairperson

                                                  Board of Supervisors                         Action Item A-2

137 Highland Drive Presenter: Chairperson Lebanon, VA 24266

   Meeting: 5/4/20      6:00 PM

Russell County Government Center

137 Highland Drive · Lebanon, Virginia 24266 · (276) 889-8000 · Fax (276) 889-8011 www.russellcountyva.us

Approval of Expenditures

Request approval of the County’s April 2020 Monthly Expenditures:

STAFF RECOMMENDATION(s):
County’s April 2020 Monthly Expenditures are in compliance with budget and operational

services.

SUGGESTED MOTION(s): Motion to approve County’s April 2020 Monthly Expenditures.

ATTACHMENTS:

• April 2020 Monthly Expenditures

Board of Supervisors Action Item A-2 137 Highland Drive Presenter: Chairperson Lebanon, VA 24266

Meeting: 5/4/20 6:00 PM

Approval of Expenditures Request approval of the County’s April 2020 Monthly Expenditures: STAFF RECOMMENDATION(s):

County’s April 2020 Monthly Expenditures are in compliance with budget and operational

services.

SUGGESTED MOTION(s): Motion to approve County’s April 2020 Monthly Expenditures.

ATTACHMENTS:

April 2020 Monthly Expenditures

Russell County Government Center 137 Highland Drive - Lebanon, Virginia 24266 - (276) 889-8000 - Fax (276) 889-8011 www.russellcountyva.us

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4/06/2020 6708/2020

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$708 /2025 5/04/2020 5704/2020 3/04/2020, 5/04/2020 5/04/2020 5704/2020 5/04/2020 5/08/2020 3/04/2020, 5/04/2020 5/oa/z0z0 5/04/2020 5/04/2020 5704/2020 §704/2020 5704/2020 5/04/2020 5704/2020 5704/2020 5/oa/z020 5704/2020 5704/2020 5/04/2020 5704/2020 5704/2020 5704/2020

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4/09/2020 70572020

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3/23/2020 3/33/2029, a/6/2029 a7r2020 4/6/2020 3/05/2020 3/32/2020

‘4708/2020 £703/2020 4/13/2020 5/27/2020 3730/2020 72472020

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Russell County Government Center

137 Highland Drive · Lebanon, Virginia 24266 · (276) 889-8000 · Fax (276) 889-8011 www.russellcountyva.us

Board of Supervisors   Action Item

137 Highland Drive Presenters - Attorney Lebanon, VA 24266

      Meeting: 5/4/20        6:00 PM

County Attorney Reports

Continuity of Government Emergency Ordinance…………………………………B-1
Courthouse Project Management Services Contract………………………………B-2
CPWMA User Agreement……………………………………………………………….B-3
Personnel Policy Update……………………………………………………………….B-4

Staff Recommendation:

Board Discretion.

Suggested Motion:

Motion Required.

ATTACHMENTS: • Various

Board of Supervisors Action Item 137 Highland Drive Presenters - Attorney Lebanon, VA 24266

5/4/20 6:00 PM

Meetin:

County Attorney Reports

Continuity of Government Emergency Ordinanc
Courthouse Project Management Services Contract.
CPWMA User Agreement.
Personnel Policy Update.

Staff Recommendation: Board Discretion. Suggested Motion: Motion Required.

ATTACHMENTS:

Various

Russell County Government Center 137 Highland Drive - Lebanon, Virginia 24266 - (276) 889-8000 - Fax (276) 889-8011 www.russellcountyva.us

Emergency Ordinance to Allow for the Continuity of Government Operations During the Pandemic, including Altering the Process for Conducting Public Meetings; Restricting the Use of Public Buildings or Facilities; Providing Additional Powers to the Director of Emergency Management to Incur Costs, Waive Procedures, and Take Other Temporary Actions; and Suspending Deadlines and Procedures

WHEREAS, on January 31, 2020, the U.S. Secretary of Health and Human Services declared a public health emergency in response to the spread of the novel coronavirus (COVID- 19); and

WHEREAS, on March 12, 2020, the Governor, in Executive Order Fifty-One, declared a state of emergency in the Commonwealth of Virginia, acknowledging the spread of COVID-19 as a disaster as defined in Virginia Code § 44-146.16; and

WHEREAS, Executive Order Fifty-One authorized local governments to render appropriate assistance and to alleviate conditions, as appropriate, to prepare for and mitigate the effects of the virus; and

WHEREAS, on March 13, 2020, the President of the United States found and declared the outbreak of COVID-19 to constitute a national emergency, beginning March 1, 2020; and

WHEREAS, on March 17 and 23, the Governor requested and then directed Virginians to avoid non-essential gatherings of more than 10 people; and

WHEREAS, the Russell County Board of Supervisors held a special called meeting on March 17, 2020 Board determined that COVID-19 constituted a “disaster” as contemplated in section 15.2-1413 of the Code of Virginia of 1950, as amended and pursuant to Virginia Code § 44-146.21, declared a local state of emergency in Russell County; and

WHEREAS, the Board of Supervisors has determined that COVID-19 constitutes a communicable disease of public health threat which has caused a disaster as those terms are defined in Virginia Code § 44-146.16; and

WHEREAS, while the Board of Supervisors values transparency in government and public engagement, it also finds that emergency measures are necessary to mitigate the spread of COVID-19 and to protect the health, safety, and welfare of residents and employees, while still providing for government operations to continue during this state of emergency; and

WHEREAS, Virginia Code § 15.2-1413 provides that the Board of Supervisors, notwithstanding any contrary provision of law, may adopt an ordinance to assure the continuity of government operations during this disaster and for up to six months; and.

WHEREAS, Virginia Code § 44-146.21 further provides that a local director of emergency management or any member of a governing body in his absence may upon the declaration of a local emergency proceed without regard to time-consuming procedures and formalities prescribed by law, except for mandatory constitutional requirements; and

WHEREAS, on January 31, 2020, the U.S. Secretary of Health and Human Services declared a public health emergency in response to the spread of the novel coronavirus (COVID- 19); and

WHEREAS, Executive Order Fifty-One authorized local governments to render appropriate assistance and to alleviate conditions, as appropriate, to prepare for and mitigate the effects of the virus; and

WHEREAS, on March 13, 2020, the President of the United States found and declared the outbreak of COVID-19 to constitute a national emergency, beginning March 1, 2020; and

WHEREAS, on March 17 and 23, the Governor requested and then directed Virginians to avoid non-essential gatherings of more than 10 people; and

WHEREAS, Virginia Code § 15.2-1200 provides the county with authority to adopt necessary regulations to prevent the spread of contagious diseases among its residents; and

WHEREAS, the Board of Supervisors also has the inherent authority to vary the county’s policies, procedures, and practices to assure the continuity of government operations; and

WHEREAS, government operations includes the work of the Board of Supervisors and other local public bodies, and the personnel who work for or on behalf of local public bodies; and

WHEREAS, Virginia Code § 2.2-3708.2(A)(3) allows, under certain procedural

requirements including public notice and access, that members of the Board of Superviosrs may convene solely by electronic mean “to address the emergency;” And

WHEREAS, the open public meeting requirements of the Virginia Freedom of

Information Act (“FOIA”) are limited only by a properly claimed exemption provided under that Act or “any other statute;” and

WHEREAS, the Attorney General of Virginia issued an opinion dated March 20, 2020

stating that localities have the authority during disasters to adopt ordinances to ensure the continuity of the government; and

WHEREAS, this emergency ordinance in response to the disaster caused by the COVID-

19 pandemic promotes the public health, safety, and welfare, and its adoption is consistent with the law of the Commonwealth of Virginia, the Virginia Constitution and the United States Constitution.

NOW, THEREFORE, BE IT ORDAINED, that this uncodified ordinance is hereby enacted as follows:

An Emergency Ordinance Allowing for the Continuity of Government Operations During the Pandemic

Sec. 1. Purpose; Effective Date; Expiration

This ordinance allows for variances from state laws and county ordinances in order to protect the health, safety, and welfare of residents and employees from the spread of COVID-19 while still providing for government operations to continue during this state of emergency.

The operation of government includes management of all county facilities, management of the school system, and the work of all local boards, including the Board of Supervisors, the Russell County School Board, the Russell County Industrial Development Authority, the Russell County Public Service Authority, the Russell County Department of Social Services, and any other local or regional board, commission, committee, or authority created by the board of supervisors or to which the board of supervisors appoints or recommends for appointment all or a portion of its members (collectively “Public Bodies” and individually “Public Body”), including employees

WHEREAS, Virginia Code § 15.2-1200 provides the county with authority to adopt necessary regulations to prevent the spread of contagious diseases among its residents; and

WHEREAS, the Board of Supervisors also has the inherent authority to vary the county’s policies, procedures, and practices to assure the continuity of government operations; and

WHEREAS, government operations includes the work of the Board of Supervisors and other local public bodies, and the personnel who work for or on behalf of local public bodies; and

WHEREAS, Virginia Code § 2.2-3708.2(A)(3) allows, under certain procedural requirements including public notice and access, that members of the Board of Superviosts may convene solely by electronic mean “to address the emergency;” And

WHEREAS, the open public meeting requirements of the Virginia Freedom of Information Act (“FOIA”) are limited only by a properly claimed exemption provided under that Act or “any other statute;” and

WHEREAS, the Attorney General of Virginia issued an opinion dated March 20, 2020 stating that localities have the authority during disasters to adopt ordinances to ensure the continuity of the government; and

WHEREAS, this emergency ordinance in response to the disaster caused by the COVID- 19 pandemic promotes the public health, safety, and welfare, and its adoption is consistent with the law of the Commonwealth of Virginia, the Virginia Constitution and the United States Constitution,

NOW, THEREFORE, BE IT ORDAINED, that this uncodified ordinance is hereby enacted as follows:

An Emergency Ordinance Allowing for the Continuity of Government Operations During the Pandemic

Sec. 1. Purpose: Effective Date: Expiration

who work for or on behalf of any Public Body. Accordingly, the provisions of this emergency ordinance applies to all such “Public Bodies”.

At this time, public health experts recommend against assembling groups of people in confined spaces. Accordingly, this ordinance contains modifications for public meetings which should be followed while it is deemed unwise or unsafe to gather in one location a quorum for any Public Bodies, or to invite members of the public to physically gather together for public meetings.

Moreover, the spread of COVID-19 may make it impossible or impractical for government operations to meet all normally imposed deadlines, regulations, and time frames, or to comport, in some instances, with lengthy procedures and processes such as procurement or employment processes.

This emergency ordinance is effective immediately and will remain in effect for 60 days unless amended, rescinded, or readopted in conformity with the notice provisions of Virginia Code § 15.2-1427; however, in no event will the ordinance be effective for more than six months from the effective date of this ordinance. At the end of the six months, if a state of emergency still exists then this ordinance may be renewed the same way it was originally enacted. Upon repeal or expiration of this ordinance, normal government operations will resume.

Sec. 2. Public Meetings and Public Hearings

A. Any regularly scheduled or regular meeting of any Public Body may be canceled by the chair if there is no essential business that needs to occur or if conditions otherwise make it impractical to meet. Notice of the cancellation must be provided to the Public Body members and the public as soon as practicable.

B. In the alternative, any regularly scheduled or regular meeting of any Public Body may
be held by solely electronic or telephonic means without a quorum of members physically present and without members of the public physically present, provided the following occurs:

Any such electronic meeting of the Public Entities shall be open to electronic participation by the public and closed to in-person participation by the public. The meeting is accessible to the public through live audio or video on the County’s or Public Body’s website, a dial-in telephone number, or a social media platform.
The agenda and public notice for the meeting must:

a) include a statement that the meeting is being held using electronic means under this ordinance;

b) contain specific information about how members of the public can access the meeting; and

c) if there are any public hearing or public comment items, specifically identify how members of the public can provide comment, including one or more of the following: by e-mail, in writing, by telephone, through a social media platform, or via other electronic means.

who work for or on behalf of any Public Body. Accordingly, the provisions of this emergency ordinance applies to all such “Public Bodies”.

‘At this time, public health experts recommend against assembling groups of people in confined spaces. Accordingly, this ordinance contains modifications for public meetings which should be followed while it is deemed unwise or unsafe to gather in one location a quorum for any Public Bodies, or to invite members of the public to physically gather together for public meetings.

This emergency ordinance is effective immediately and will remain in effect for 60 days unless amended, rescinded, or readopted in conformity with the notice provisions of Virginia Code § 15.2-1427; however, in no event will the ordinance be effective for more than six months from the effective date of this ordinance. At the end of the six months, ifa state of emergency still exists then this ordinance may be renewed the same way it was originally enacted, Upon repeal or expiration of this ordinance, normal government operations will resume.

Ses s and Public Hearings

Pul

leetii

B. _ Inthe alternative, any regularly scheduled or regular meeting of any Public Body may be held by solely electronic or telephonic means without a quorum of members physically present and without members of the public physically present, provided the following occurs:

Any such electronic meeting of the Public Entities shall be open to electronic participation by the public and closed to in-person participation by the public. The meeting is accessible to the public through live audio or video on the County’s or Public Body’s website, a dial-in telephone number, or a social media platform.
The agenda and public notice for the meeting must:

a) include a statement that the meeting is being held using electronic means under this, ordinance;

b) contain specific information about how members of the public can access the meeting; and

©) if there are any public hearing or public comment items, specifically identify how members of the public can provide comment, including one or more of the following: by e-mail, in writing, by telephone, through a social media platform, or via other electronic means.

The agenda is posted on the County’s or Public Body’s website at least three days prior to the meeting. Other materials associated with the meeting, if any, must be made available to the public at the same time they are provided to the Public Body members.
For public hearings and any items for which public comment is permitted, the following rules apply:

a) Normal rules of order apply with respect to requiring the name and home address of the commenter, that comments relate to the hearing or comment topic, that appropriate limits on the number of comments per person per item apply, and that comments be of reasonable length.

b) Public Bodies may allow public comments to be submitted via phone call, e-mail, or in writing, up until a reasonable time before the start of the meeting so long as those comments are provided to the Public Body members prior to any decision on an item.

c) If available, members of the public may provide comments through leaving a voicemail on a dedicated phone number up until a reasonable time before the start of the meeting so long as those comments are then provided to the Public Body members prior to any decision on an item.

d) If available, members of the public may provide comments through telephonic or interactive electronic means (call-in meeting access, social media platform) during the meeting so long as those comments are received by or provided to the Public Body members prior to any decision on an item.

e) The Public Body may choose to receive additional comments through any means for a period of time after the public hearing or public meeting, so long as it announces and publicizes that opportunity and those comments are provided to the Public Body members prior to any decision on an item.

f) All public comments must be made a part of the record of the Public Body either by being summarized in or included with the meeting minutes.

Any votes taken during the meeting must be taken by roll call, individually recording each member’s name and vote.
The minutes of any meeting under this ordinance must conform to the requirements of law, including identifying the forms of electronic communication used, the members participating and the means by which they participated, the opportunities for public access or participation, a summary of the public comments, if any, and the actions taken at the meeting. The Public Entities may approve minutes of an electronic meeting at a subsequent electronic meeting and shall later approve all such minutes at a regular or special meeting after the emergency and disaster has ended.

C. Public Bodies may hold special meetings consistent with the provisions in (B) except that notice of the special meeting need only be provided at least three working days prior to the meeting, and the agenda and associated materials, if any, need to be made available to the public at the same time as they are made available to the Public Body members.

The agenda is posted on the County’s or Public Body’s website at least three days prior tothe meeting. Other materials associated with the meeting, if any, must be made available to the public at the same time they are provided to the Public Body members.
For public hearings and any items for which public comment is permitted, the following rules apply:

©) If available, members of the public may provide comments through leaving a voicemail on a dedicated phone number up until a reasonable time before the start of the meeting so long as those comments are then provided to the Public Body members prior to any decision on an item.

f) All public comments must be made a part of the record of the Public Body either by being summarized in or included with the meeting minutes.

Any votes taken during the meeting must be taken by roll call, individually recording each member’s name and vote.
The minutes of any meeting under this ordinance must conform to the requirements of law, including identifying the forms of electronic communication used, the members participating and the means by which they participated, the opportunities for public access or participation, a summary of the public comments, if any, and the actions taken at the meeting. The Public Entities may approve minutes of an electronic meeting at a subsequent electronic meeting and shall later approve all such minutes at a regular or special meeting after the emergency and disaster has ended.

D. Public Bodies may hold emergency meetings consistent with Virginia Code § 2.2-3708.

E. Any item on an agenda for a regularly scheduled, regular, special, or emergency meeting held hereunder may be continued to a later date or time for the purpose of reviewing and considering comments from the public.

F. Non-emergency public hearings and action items of Public Bodies may be postponed to a date certain provided that public notice is given so that the public are aware of how and when to present their views.

G. Nothing in this Emergency Ordinance shall prohibit Public Bodies from holding in- person public meetings provided that public health and safety measures as well as social distancing are taken into consideration.

Sec. 3. Public Buildings, Facilities, Real Property and Events

The director of emergency management is empowered to restrict members of the public from entering or congregating around county-owned buildings, facilities, and real property as is reasonably necessary to ensure the health, safety, and welfare of the public or county staff. Moreover, the director of emergency management may cancel, postpone, or reschedule any events scheduled for any county-owned building, facility or property as necessary to ensure the health, safety, and welfare of the public or county staff.

Sec. 4. Additional powers of director of emergency management

A. Funding and Contracts. To the extent of unobligated funds available in excess of appropriations in the approved budget, the director of emergency management may enter into contracts and incur obligations necessary to protect the health and safety of persons and property, and to provide emergency assistance to persons affected by this disaster.

B. Procedures. The director of emergency management may proceed without regard to time- consuming procedures and formalities prescribed by law (except mandatory constitutional requirements) pertaining to the performance of public work, entering into contracts, incurring obligations, employing workers, renting equipment, purchasing supplies and materials, and other expenditures of public funds.

C. Other Temporary Actions. The director of emergency management may temporarily take any of the following actions: waive or reduce fees imposed by county ordinance; waive enforcement, in whole or in part, of any county ordinance; and modify, limit, waive, suspend, or amend any county program, service, function, process, or procedure. The director must apply the action uniformly for similar situations and not on a case-by-case basis. The director’s actions will only be effective until the next regular meeting of the board of supervisors. The board of supervisors may ratify and extend the time for which the director’s action remains in effect.

D. Public Bodies may hold emergency meetings consistent with Virginia Code § 2.2-3708.

Sec. 3. Public Buildings, Facilities, Real Property and Events

Sec. 4._Additional powers of director of emergency management

‘A. Funding and Contracts. To the extent of unobligated funds available in excess of appropriations in the approved budget, the director of emergency management may enter into contracts and incur obligations necessary to protect the health and safety of persons and property, and to provide emergency assistance to persons affected by this disaster.

©. Other Temporary Actions. The director of emergency management may temporarily take any of the following actions: waive or reduce fees imposed by county ordinance; waive enforcement, in whole or in part, of any county ordinance; and modify, limit, waive, suspend, or amend any county program, service, function, process, or procedure. The director must apply the action uniformly for similar situations and not on a case-by-case basis. The director’s actions will only be effective until the next regular meeting of the board of supervisors. The board of supervisors may ratify and extend the time for which the director’s action remains in effect.

Sec. 5. Suspension of Deadlines, Time Frames, and Procedures

County personnel are encouraged to take action as is practical and appropriate to meet deadlines or time frames established under state law or county ordinances, however, notwithstanding any provision of law, regulation, or policy to the contrary, any deadlines requiring action by the county, any Public Body, or county employees are suspended. Time frames for review or expedited reviews are also suspended. Failure to meet any deadline or time frame will not constitute a default, violation, approval, ratification, or recommendation. Any policies or procedures inconsistent with this ordinance are hereby suspended.

Sec. 6 Adoption by Incorporated Towns within the Boundaries of Russell County

Each incorporated town within the boundaries of Russell County are encouraged,

authorized and/or directed to declare its own state of local emergency and disaster or incorporate by reference the County’s local state of emergency and disaster and to adopt an ordinance for the continuity of town government.

Sec. 7 Validity and Duration of Ordinance and Resumption of Normal Governmental Authority

The provisions herein are presumptively valid, however in the event that any provision of this ordinance is declared to be invalid by a court of competent jurisdiction all remaining provisions shall not be invalidated and remain in full force and effect. The provisions of this Emergency Ordinance shall remain in full force and effect for a period of 60 days, unless amended, rescinded or readopted by the Russell County Board of Supervisors in conformity with the notice provisions set forth in Virginia Code §15.2-1427 but in no event shall such ordinance be effective for more than 6 months after the conclusion of the disaster. Upon rescission by the Russell County Board of Supervisors or automatic expiration as described herein, this emergency ordinance shall terminate and normal practices and procedures of government shall resume.

This ordinance shall be effective upon adoption.

ADOPTED by the Russell County Board of Supervisors.

    APPROVED 


    ______________________________ 
    Rebecca Dye 
    Chairperson

Sec. 5._ Suspension of Deadlines, Time Frames, and Procedures

Sec. 6 Adoption by Incorporated Towns within the Boundaries of Russell County

Each incorporated town within the boundaries of Russell County are encouraged, authorized and/or directed to declare its own state of local emergency and disaster or incorporate by reference the County’s local state of emergency and disaster and to adopt an ordinance for the continuity of town government.

Sec. 7_ Validity and Duration of Ordinance and Resumption of Normal Governmental Authority

This ordinance shall be effective upon adoption, ADOPTED by the Russell County Board of Supervisors.

APPROVED

Rebecea Dye Chairperson

ATTEST:

Lonzo Lester County Administrator

APPROVED AS TO FORM:

M. Katherine Patton County Attorney

ATTEST:

Lonzo Lester County Administrator

APPROVED AS TO FORM:

M. Katherine Patton County Attorney

Curtis Elswick, CCM, LEED® AP Sr. Vice President/Regional Executive

Skanska USA Building Inc. Integrated Solutions

Phone: 540-423-2860

Email: [email protected]

February 21, 2020

Mr. Lonzo Lester, VCO

County Administrator

Russell County, Virginia

137 Highland Drive

P.O. Box 1208

Lebanon, VA 24266

Re: Terms of Engagement

Term Contract for Project Management Services

Courthouse Renovation & Expansion Project

Dear Mr. Lester:

Thank you for retaining Skanska USA Building Inc. to provide Project Management Services

on a term contract basis as specified in the Request for Proposals issued by Russell County,

Virginia (the “County”) on October 24, 2019. We understand the County would like to proceed

with Skanska serving as Project Manager for the Courthouse Renovation & Expansion project

under the PPEA process. The purpose of this letter is to confirm the scope of the services we

will provide on the Courthouse Renovation & Expansion project, our compensation, and the

terms and conditions that will govern our relationship. The following documents are attached to

this letter:

Attachment A – Scope and Time of Services;

Attachment B – Compensation Terms;

Attachment C – General Terms of Engagement for Consulting Services;

Attachment D – Request for Proposals dated October 24, 2019

With respect to terminology, generally any definition provided in one attachment applies to all

of them, as well as this letter. Specifically, the term “Client” as used in the attachments refers

to your company and the term “Consultant” refers to ours.

SKANSKA

Curtis Elswick, CCM, LeeD® a Sr. Vice President Regional Executive

‘Skanska USA Building Inc. Integrated Solutions

Phone: 540-423-2860 malt cuts elswikaskanska comm

February 21, 2020

Mr. Lonzo Lester, VCO County Administrator Russell County, Virginia 137 Highland Drive

P.O. Box 1208

Lebanon, VA 24266

Re: Terms of Engagement Term Contract for Project Management Services Courthouse Renovation & Expansion Project

Dear Mr. Lester:

Thank you for retaining Skanska USA Building Inc. to provide Project Management Services on a term contract basis as specified in the Request for Proposals issued by Russell County, Virginia (the “County”) on October 24, 2019. We understand the County would like to proceed with Skanska serving as Project Manager for the Courthouse Renovation & Expansion project under the PPEA process. The purpose of this letter is to confirm the scope of the services we will provide on the Courthouse Renovation & Expansion project, our compensation, and the terms and conditions that will govern our relationship. The following documents are attached to this letter:

Attachment A — Scope and Time of Services; Attachment B — Compensation Terms;

Attachment C — General Terms of Engagement for Consulting Services; Attachment D — Request for Proposals dated October 24, 2019

With respect to terminology, generally any definition provided in one attachment applies to all of them, as well as this letter. Specifically, the term “Client” as used in the attachments refers to your company and the term “Consultant” refers to ours.

February 21, 2020

Page 2

Please review this letter and its attachments and let me know if you have any questions. If any

of the terms and conditions is unacceptable to you, please advise me, so that we can resolve any

differences and proceed with a clear, complete, and consistent understanding of the relationship.

I am very excited about the opportunity to work with Russell County throughout the life of this

term contract as well as the Courthouse Renovation & Expansion project.

Very truly yours,

Curtis Elswick, CCM, LEED AP

Sr. Vice President/Regional Executive

Attachments

(404) 885-6717

Agreed:

By:

Print Name: ________________________________

Date: _____________________________________

February 21, 2020 Page 2

Please review this letter and its attachments and let me know if you have any questions. If any of the terms and conditions is unacceptable to you, please advise me, so that we can resolve any differences and proceed with a clear, complete, and consistent understanding of the relationship.

Tam very excited about the opportunity to work with Russell County throughout the life of this, term contract as well as the Courthouse Renovation & Expansion project.

Very truly yours,

ula

Curtis Elswick, CCM, LEED AP Sr. Vice President/Regional Executive

Attachments

Agreed:

By:

Print Name:

Date:

Page 1 of 3

(08/2010 ed.)

Attachment A

SKANSKA USA BUILDING INC.

SCOPE AND TIME OF SERVICES

A. SCOPE OF SERVICES:

It is our understanding that the County is seeking assistance with implementing the design and construction

of the Courthouse Renovation & Expansion project under the PPEA process.

General Project Information

The current Russell County Courthouse is a two and three-story building of roughly 44,000 SF to include

courthouse, jail, addition and miscellaneous space. The size of the building needs to be verified. The

original section was a two-story building constructed in 1874. Later additions include a significant three-

story jail addition to the northwest of the original section and a three-story addition to the east.

Russell County Courthouse – 53 East Main Street, Lebanon, Virginia 24266 Bing Aerial Image

It is our understanding that current issues with the existing courthouse include:

• Space needs and security concerns as well as needed upgrades to the facility.

• Restroom facilities outside combined courtroom are inadequate.

• Additional private hearing space is needed.

• General District Court is held five days per week in one courtroom.

• Waiting areas are needed as currently the hallway outside of the courtrooms is beings used as a

waiting area and is not a good situation.

Attachment A

SKANSKA USA BUILDING INC. ‘SCOPE AND TIME OF SERVICES

A. SCOPE OF SERVICES:

It is our understanding that the County is seeking assistance with implementing the design and construction of the Courthouse Renovation & Expansion project under the PPEA process.

General Project Information The current Russell County Courthouse is a two and three-story building of roughly 44,000 SF to include courthouse, jail, addition and miscellaneous space. The size of the building needs to be verified. The original section was a two-story building constructed in 1874. Later additions include a significant three- story jail addition to the northwest of the original section and a three-story addition to the east.

Russell County Courthouse — 53 East Main Street, Lebanon, Virginia 24266 Bing Aerial Image It is our understanding that current issues with the existing courthouse include:

Space needs and security concerns as well as needed upgrades to the facility.
Restroom facilities outside combined courtroom are inadequate.
Additional private hearing space is needed.
General District Court is held five days per week in one courtroom.
Waiting areas are needed as currently the hallway outside of the courtrooms is beings used as a

waiting area and is not a good situation.

Page | of 3 (08/2010 ed.)

Page 2 of 3

(08/2010 ed.)

• The alley adjacent to the courthouse is a security concern. There is no secure parking, no sally port,

so separate stairs or elevators for judges, etc. Inmates/detainees from the regional jail are brought

to the courthouse via a van which is parked outside the courthouse and then escorted across the

alley into the building.

• Front doors of courthouse remain locked as there are ADA issues (no way for someone in

wheelchair to access the front door).

• Adequate parking.

• The jail (which is a part of the courthouse building) is empty and not being used.

• A facility condition assessment has not been completed nor has a HAZMAT survey.

Based upon our understanding of the issues and needs as well as our understanding of the PPEA process

and recent experience managing similar courthouse renovation and expansion projects, we would

recommend that our services initially consist of assisting with initial planning and procurement of a design-

build team under the PPEA process as follows.

Once a PPEA entity is selected, we would provide the County with a proposal to continue our project

management services through remaining design GMP contract negotiations, construction and closeout

phases of the project.

• Review existing information provided by the County to include security evaluation report, existing

building drawings, and other relevant information.

• Develop a milestone project schedule and management of the schedule to ensure all parties are

meeting deadlines in order to maintain progress.

• Assist with procurement of any other services required during this phase of the project which may

include geotechnical engineering, HAZMAT surveys or other specialty services required to develop a

RFP for PPEA design-build services.

• Assist the County with development of a PPEA solicitation for design-build services. This would

include overseeing the development of a program document and conceptual floor plans &

elevations that would be incorporated into the PPEA solicitation. We recently helped nearby

Buchanan County, VA and Dickenson County, VA with development of PPEA procurement

documentation, evaluation of PPEA proposals, contract negotiations, and overall project

management through the design, construction and closeout phases of their new Judicial Center.

This experience will be of significant value to the County in terms of time and money as we can help

implement a process that has already proven to be successful and alleviate any additional burden

on the County’s resources.

• Establish and manage the overall project budget on your behalf and alert the County of any issues

that may have a positive or negative impact on the budget during this phase of the project.

• Develop a job cost accounting process for the County so that all invoices are accounted for and paid

in a timely manner and a monthly reconciliation process is implemented.

• Issue monthly progress report to the County and presentations to the Board of Supervisors or other

stakeholders as required.

• Overall leadership of the project working under the direction of the County including facilitation of

meetings and decisions necessary to maintain progress.

The alley adjacent to the courthouse is a security concern. There is no secure parking, no sally port, so separate stairs or elevators for judges, etc. Inmates/detainees from the regional jail are brought to the courthouse via a van which is parked outside the courthouse and then escorted across the alley into the building.
Front doors of courthouse remain locked as there are ADA issues (no way for someone in wheelchair to access the front door).

Adequate parking.

The jail (which is a part of the courthouse building) is empty and not being used.
Afacility condition assessment has not been completed nor has a HAZMAT survey.

Based upon our understanding of the issues and needs as well as our understanding of the PPEA process and recent experience managing similar courthouse renovation and expansion projects, we would recommend that our services initially consist of assisting with initial planning and procurement of a design- build team under the PPEA process as follows.

Once a PPEA entity is selected, we would provide the County with a proposal to continue our project management services through remaining design GMP contract negotiations, construction and closeout phases of the project.

Review existing information provided by the County to include security evaluation report, existing building drawings, and other relevant information
Develop a milestone project schedule and management of the schedule to ensure all parties are meeting deadlines in order to maintain progress.
Assist with procurement of any other services required during this phase of the project which may include geotechnical engineering, HAZMAT surveys or other specialty services required to develop a RFP for PPEA design-build services.
Assist the County with development of a PPEA solicitation for design-build services. This would include overseeing the development of a program document and conceptual floor plans & elevations that would be incorporated into the PPEA solicitation. We recently helped nearby Buchanan County, VA and Dickenson County, VA with development of PPEA procurement documentation, evaluation of PPEA proposals, contract negotiations, and overall project management through the design, construction and closeout phases of their new Judicial Center. This experience will be of significant value to the County in terms of time and money as we can help implement a process that has already proven to be successful and alleviate any additional burden on the County’s resources.
Establish and manage the overall project budget on your behalf and alert the County of any issues that may have a positive or negative impact on the budget during this phase of the project.
Develop a job cost accounting process for the County so that all invoices are accounted for and paid ina timely manner and a monthly reconciliation process is implemented
Issue monthly progress report to the County and presentations to the Board of Supervisors or other stakeholders as required,
Overall leadership of the project working under the direction of the County including facilitation of meetings and decisions necessary to maintain progress.

Page 2 of 3 (08/2010 ed.)

Page 3 of 3

(08/2010 ed.)

B. SERVICES SCHEDULE:

It is anticipated that our services will start in February 2020 and will be needed through the time

that an interim agreement is negotiated with the successful PPEA design-build team.

C. DELIVERABLES

As described above in Summary of Services.

D. CHANGES

The Parties may mutually agree from time to time to modify the Services or the schedule for their

performance by written agreement (“Change Order”) executed by both Parties.

E. CLIENT SUPPLIED DOCUMENTS

Consultant’s commitments are premised on the receipt of all relevant information that will assist

Consultant in providing the services noted above. This includes any geotechnical reports, HAZMAT

survey reports, utility surveys, and conceptual design information.

B. SERVICES SCHEDULE:

Itis anticipated that our services will start in February 2020 and will be needed through the time that an interim agreement is negotiated with the successful PPEA design-build team.

©. DELIVERABLES

As described above in Summary of Services.

D. CHANGES:

The Parties may mutually agree from time to time to modify the Services or the schedule for their performance by written agreement (“Change Order”) executed by both Parties.

E, CLIENT SUPPLIED DOCUMENTS

Consultant’s commitments are premised on the receipt of all relevant information that will assist Consultant in providing the services noted above. This includes any geotechnical reports, HAZMAT survey reports, utility surveys, and conceptual design information.

Page 3 of 3 (08/2010 ed.)

Page 1 of 1

(08/2010 ed.)

Attachment B

SKANSKA USA BUILDING INC.

COMPENSATION TERMS

We propose providing the initial above scope of services for a Lump Sum Fee of $60,000. This Lump Sum

Fee is inclusive of all expenses related to our services with the exception of any printing of any special

presentation materials or printing of documents larger than 11” X 17” in size. Our services will be billed on

a monthly basis based upon services rendered.

Attachment B

SKANSKA USA BUILDING INC. COMPENSATION TERMS

‘We propose providing the initial above scope of services for a Lump Sum Fee of $60,000. This Lump Sum Fee is inclusive of all expenses related to our services with the exception of any printing of any special

presentation materials or printing of documents larger than 11” X 17” in size. Our services will be billed on a monthly basis based upon services rendered,

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Attachment C

SKANSKA USA BUILDING INC.

GENERAL TERMS OF ENGAGEMENT FOR CONSULTING SERVICES

This statement sets forth the standard terms of our engagement as your Consultant. Unless modified in

writing by mutual agreement, these terms will be an integral part of our agreement with you. Therefore, we

ask that you review this statement carefully and contact us before you sign the letter transmitting it to you if

you have any questions.

CONSULTANT’S WARRANTY TO

CLIENT

(a) Consultant warrants that it will perform the Services in a professional and workmanlike manner and that the work product set forth in the Deliverables will reflect Consultant’s reasonable professional judgment. Consultant may rely upon information supplied to it by Client without independent verification.

(b) Client shall advise Consultant in writing within thirty (30) days of its receipt of a Deliverable if Client believes that the work product in the Deliverable does not reflect Consultant’s reasonable professional judgment. Consultant shall promptly revise any aspect of the Deliverable that does not reflect Consultant’s reasonable professional judgment or is otherwise defective and resubmit it to Client at no additional charge.

© The only warranties made by Consultant in connection with the Services and Deliverables are those set forth in Section 1(a). Those warranties are exclusive and in lieu of all other warranties, whether statutory, express or implied, including warranties of fitness for particular purpose and those arising from course of dealing and usage of trade. Client’s sole and exclusive remedy for warranty nonconformities or other defects in the Services or Deliverables shall be for Consultant to revise and resubmit the Deliverable at no additional charge as provided in Section 1(b). This limited remedy shall apply notwithstanding any failure of essential purpose.

CONSULTANT’S INDEMNITY TO

CLIENT

Consultant shall indemnify, defend and hold Client, its officers, directors, employees and affiliates harmless from any loss, cost or expense claimed by third parties for property damage and/or bodily injury, including death (and reasonable attorney’s fees and court costs incurred in connection therewith), to the proportionate extent such loss, cost or expense arose from the negligence or willful

misconduct of Consultant or its employees in connection with this Agreement.

CLIENT’S OWNERSHIP AND USE OF

DELIVERABLES

Consultant grants to Client a transferable, irrevocable and perpetual royalty-free license to retain, copy and use the Deliverables in connection with this Agreement in exchange for Client’s payment to Consultant as required under the Agreement. Client may use the Deliverables for other purposes with Consultant’s written consent. Client agrees that it shall not at any time for any purpose disclose the Deliverables to any of Consultant’s competitors.

CLIENT’S TERMINATION AND

SUSPENSION RIGHTS

(a) Client shall have the right to terminate the Agreement for its convenience at any time and for any reason prior to Consultant’s completion of the Services on five (5) days prior written notice to that effect. Client shall pay Consultant a termination payment composed of amounts due for performance of Services through the date of termination and Consultant’s reasonable costs of complying with such termination, including termination payments to any sub-consultants which shall in no event exceed, in the aggregate, the stipulated sum under Attachment B. Client’s sole and exclusive right to terminate Consultant’s performance of the Services is as provided in this Section 4(a) and Consultant’s sole and exclusive remedy for such termination shall be Client’s payment of the termination payment as provided in this Section 4(a). The termination
payment will be invoiced and processed by the Parties as set forth in Section 5.

(b) Client may suspend performance of all or any part of the Services and thereafter request Consultant to resume performance of suspended Services, in each case by giving Consultant five (5) days prior written notice specifying the date for the suspension or resumption of Services. If Client has not requested Consultant to resume performance of suspended

Attachment C

SKANSKA USA BUILDING INC. GENERAL TERMS OF ENGAGEMENT FOR CONSULTING SERVICES,

‘This statement sets forth the standard terms of our engagement as your Consultant. Unless modified in writing by mutual agreement, these terms will be an integral part of our agreement with you. Therefore, we ask that you review this statement carefully and contact us before you sign the letter transmitting it to you if

‘you have any questions.

CONSULTANT’S CLIENT

/ARRANTY TO

(a) Consultant warrants that it will perform the Services in a professional and workmanlike manner and that the work product set forth in the Deliverables will reflect Consultant’s reasonable professional judgment, Consultant may rely upon information ‘supplied to it by Client without independent verification.

(©) The only warranties made by Consultant in connection with the Services and Deliverables are those set forth in Section 1(a). Those warranties are exclusive and in lieu of all other warranties, whether statutory, express or implied, including warranties of fitness for particular purpose and those arising from course of dealing and usage of trade, Client’s sole and exclusive remedy for warranty nonconformities, or other defects in the Services or Deliverables shall be for Consultant to revise and resubmit the Deliverable at no additional charge as provided in Section 1(b). This limited remedy shall apply notwithstanding any failure of essential purpose.

CONSULTANT’S INDEMNITY TO. CLIENT

misconduct of Consultant or its employees. in connection with this Agreement.

CLIENT’S OWNERSHIP AND USE OF DELIVERABLES

4, CLIENT’S TERMINATION AND. SUSPENSION RIGHTS

(a) Client shall have the right to terminate the Agreement for its convenience at any time and for any reason prior to Consultant’s completion of the Services on five (5) days prior written notice to that effect. Client shall pay Consultant a termination payment composed of amounts due for performance of Services through the date of termination and Consultant’s reasonable costs of complying with such termination, including termination payments to any sub-consultants which shall in no event exceed, in the aggregate, the stipulated sum under Attachment B. Client’s sole and exclusive right to terminate Consultant’s performance of the Services is as provided in this Section 4(a) and Consultant’s sole and exclusive remedy for such termination shall be Client’s payment of the termination payment as provided in this Section 4(a). The termination payment will be invoiced and processed by the Parties as set forth in Section 5,

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Services within thirty (30) days of the suspension date, Consultant may thereafter terminate the Agreement on written notice to Client and such termination will be treated as a termination for Client’s convenience under Section 4(a). If Consultant has suffered any adverse cost, schedule or other adverse impacts to its performance as a result of Client’s suspension of Services, Consultant shall not be required to resume performance unless the Parties have executed a written amendment that equitably adjusts Consultant’s rights and obligations under the Agreement as necessary to compensate Consultant for such impacts.

PAYMENT FOR SERVICES

(a) Client shall pay Consultant for the performance of the Services as provided in Attachment B.
Consultant shall be responsible for all reporting and payment obligations with respect to Consultant’s personnel relating to worker’s compensation insurance, Social Security, state and federal unemployment insurance, medical-hospital insurance, salary continuation insurance, pension plan costs and other employee benefit programs. If the compensation option selected in Attachment B calls for the reimbursement of costs, the Client may audit such costs in three-month intervals. Rates, multipliers and other fixed percentages, and stipulated sums that Client has agreed Consultant may charge for its Services are not subject to audit except to confirm that Consultant has applied the agreed rates, multipliers and other fixed percentages, and stipulated sums.

(b) Consultant shall invoice Client in full for the Services upon delivery of a final report. Payment terms will be 100% net thirty (30) days on all invoiced amounts. Client shall notify Consultant within five (5) business days after receipt of an invoice if it disputes all or some portion of the invoice. Client and Consultant shall promptly attempt to resolve any dispute concerning payment.
Client may withhold payment of only that portion of an invoice disputed by Client in good faith until the dispute has been resolved and shall pay the undisputed portion of any invoice net thirty (30) days. All late payments shall be subject to interest at a rate of one percent per month or the maximum legal rate, whichever is less.

© Consultant may suspend its performance of the Services on five (5) days written notice to Client if Client fails to pay Consultant all invoiced amounts when due. Consultant shall not be required to resume performance of suspended Services until all past due

amounts have been paid by Client and, if Consultant has suffered any adverse cost, schedule or other adverse impacts to its performance as a result of the suspension, the Parties have executed a written amendment that equitably adjusts Consultant’s rights and obligations under the Agreement as necessary to compensate Consultant for such impacts.

(d) In the event Consultant has not received payment of an amount due from Client within thirty (30) days of its due date, Consultant may terminate the Agreement on written notice to Client. The termination will be treated as a termination for Client’s convenience under Section 4(a) and Consultant may proceed immediately to recover all amounts due from Client.

INSURANCE

Consultant shall maintain the following insurance coverages in connection with this Agreement:

(a) Workers’ Compensation for statutory limits in

compliance with the applicable state and federal laws, and Employer’s Liability with a limit of $1,000,000;

(b) Professional Liability - $1,000,000 - Insurance Coverage for Errors and Omissions on Claims Made Basis

combined single limit of $1,000,000 per occurrence and in the aggregate; and

(d) Automobile Liability Insurance with a combined

single limit of $1,000,000 for bodily injury and property damage with respect to vehicles either owned, non-owned, and leased by Consultant.

CONFIDENTIALITY

(a) Consultant shall not disclose Client’s Confidential Information to any third party other than its sub- consultants if required for the performance of the Services. Client shall not disclose Consultant’s Confidential Information to any third party other than Client’s prospective lenders and legal counsel.
“Confidential Information” means a Party’s confidential and proprietary business information disclosed to the other Party in connection with this Agreement that is marked “confidential” or “proprietary” at the time of disclosure, but does not include information that: (i) is generally available to the public at the time of disclosure by a Party, or becomes generally available to the public other than

PAYMENT FOR SERVICES

(a) Client shall pay Consultant for the performance of the Services as provided in Attachment B. Consultant shall be responsible for all reporting and payment obligations with respect to Consultant’s personnel relating to workers compensation insurance, Social Security, state and federal unemployment insurance, medical-hospital insurance, salary continuation insurance, pension plan costs and other employee benefit programs. Ifthe compensation option selected in Attachment B calls for the reimbursement of costs, the Client may audit such costs in three-month intervals. Rates, multipliers and other fixed percentages, and stipulated sums that Client has agreed Consultant may charge for its Services are not subject to audit except to confirm that Consultant has applied the agreed rates, multipliers and other fixed percentages, and stipulated sums.

(b) Consultant shall invoice Client in full for the Services upon delivery of a final report. Payment terms will be 100% net thirty (30) days on all invoiced amounts, Client shall notify Consultant within five (5) business days after receipt of an invoice if it disputes all or some portion of the invoice. Client and Consultant shall promptly attempt to resolve any dispute concerning payment. Client may withhold payment of only that portion of an invoice disputed by Client in good faith until the dispute has been resolved and shall pay the undisputed portion of any invoice net thirty (30) days, All late payments shall be subject to interest at arate of one percent per month or the maximum legal rate, whichever is less.

(©) Consultant may suspend its performance of the Services on five (5) days written notice to Client if Client fails to pay Consultant all invoiced amounts when due. Consultant shall not be required to resume performance of suspended Services until all past due

amounts have been paid by Client and, if Consultant hhas suffered any adverse cost, schedule or other adverse impacts to its performance as a result of the suspension, the Parties have executed a written amendment that equitably adjusts Consultant’s rights, and obligations under the Agreement as necessary to ‘compensate Consultant for such impacts.

(@) In the event Consultant has not received payment of an amount due from Client within thirty (30) days of its due date, Consultant may terminate the Agreement on written notice to Client. The termination will be treated as a termination for Client’s convenience under Section 4(a) and Consultant may proceed immediately to recover all amounts due from Client.

INSURANCE

Consultant shall maintain the following insurance coverages in connection with this Agreement

(a) Workers’ Compensation for statutory limits in compliance with the applicable state and federal laws, and Employer’s Liability with a limit of $1,000,000;

(b) Professional Liability - $1,000,000 - Insurance Coverage for Errors and Omissions on Claims Made Basis

(©) Comprehensive General Liability with a combined single limit of $1,000,000 per ‘occurrence and in the aggregate; and

(4) Automobile Liability Insurance with a combined single limit of $1,000,000 for bodily injury and property damage with respect to vehicles either ‘owned, non-owned, and leased by Consultant.

CONFIDENTIALITY

(a) Consultant shall not disclose Client’s Confidential Information to any third party other than its sub- consultants if required for the performance of the Services. Client shall not disclose Consultant’s Confidential Information to any third party other than Client’s prospective lenders and legal counsel. “Confidential Information” means a_ Party’s confidential and proprietary business information disclosed to the other Party in connection with this Agreement that is marked “confidential” or “proprietary” at the time of disclosure, but does not include information that: (i) is generally available to the public at the time of disclosure by a Party, or becomes generally available to the public other than

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as a result of the receiving Party’s violation of this Section 7(a); (ii) was in the receiving Party’s possession prior to its disclosure hereunder by the other Party; (iii) is received by a Party at any time from a third party without any confidentiality or other restrictions with respect to its use thereof; or (iv) is independently developed by the receiving Party. The non-disclosure obligations under this Section 7(a) shall expire two (2) years from the date of a Party’s first disclosure of Confidential Information to the other Party, and shall not apply to restrict a Party from disclosing the other Party’s Confidential Information if the Party is compelled to do so by law or legal process.

(b) Each Party acknowledges that its disclosure of the other Party’s Confidential Information in violation of Section 7(a) will cause irreparable damage and injury to the Party and that the extent and amount of such damage and injury may be impossible to ascertain.
Accordingly, each Party agrees that the other Party shall be entitled to seek and obtain injunctive relief on short notice from any court of competent jurisdiction to immediately restrain and thereafter permanently enjoin the other Party from any threatened or actual disclosure of Confidential Information in violation of Section 7(a).

© Client agrees that its disclosure of a Deliverable to a competitor of Consultant in violation of Section 3 shall be treated as a breach of Client’s non-disclosure obligation under Section 7(a) for which Consultant shall be entitled to obtain injunctive relief under Section 7(b).

LIABILITY LIMITATIONS

(a) Neither Party shall be liable under or in connection with this Agreement for any consequential, special, incidental, indirect, punitive or exemplary damages, or damages arising from or in connection with loss of use, loss of revenue, loss of actual or anticipated profit, loss by reason of delay, increased cost of construction or cost of capital, whether based on delay, contract, tort, negligence, strict liability, warranty, indemnity, error and omission or otherwise, and each Party hereby releases the other from any such liability. Nothing in this Section 8(a) shall limit Client’s payment obligations under the Agreement.

(b) In no event shall Consultant’s liability arising out of or in connection with the performance or nonperformance of any or all Services or other obligations under the Agreement exceed the amount paid Consultant under the Agreement, whether based

on delay, contract, tort, negligence, strict liability, warranty, indemnity, error and omission or otherwise.

© The recommendations, advice, budgetary information and schedules to be furnished by Seller under this Agreement shall not be deemed to be representations, warranties, or guarantees or constitute the performance of licensed professional services. Consultant shall not be required to provide professional services that constitute the practice of architecture or engineering. Consultant shall cause any such services to be provided by a properly licensed design professional. Any claim by Client for damage, loss, or expense, based directly or indirectly upon acts, errors, or omissions of any architect, engineer, or other design professional who Consultant is required to engage in connection with this Agreement shall be made by Client against said design professional and its insurer(s) only, and Consultant shall have no liability of any kind, direct or indirect, for the professional negligence of said design professional under this Agreement or otherwise.

(d) No general or limited partner, stockholder, officer, director, joint venture, beneficiary, trustee, employee, or other principals, agents or representatives (whether disclosed or undisclosed) of the Consultant shall be personally liable to the Client for the Consultant’s obligations or otherwise, the Client hereby agreeing to look solely to the assets of the Consultant for the satisfaction of any liability of the Consultant hereunder.

DISPUTE RESOLUTION

(a) Claims, disputes or other matters in question between the parties to this Agreement arising out of or relating to this Agreement or breach thereof shall be subject to and decided by arbitration in accordance with the Construction Industry Arbitration Rules of the American Arbitration Association currently in effect unless the parties mutually agree otherwise.

(b) A demand for arbitration shall be made within a reasonable time after the claim, dispute or other matter in question has arisen. In no event shall the demand for arbitration be made after the date when institution of legal or equitable proceedings based on such claim, dispute or other matter in question would be barred by the applicable statutes of limitations.

(b) Each Party acknowledges that its disclosure of the other Party’s Confidential Information in violation of Section 7(a) will cause irreparable damage and injury to the Party and that the extent and amount of such damage and injury may be impossible to ascertain. Accordingly, each Party agrees that the other Party shall be entitled to seek and obtain injunctive relief fon short notice from any court of competent jurisdiction to immediately restrain and thereafter permanently enjoin the other Party from any threatened or actual disclosure of Confidential Information in violation of Section 7(a).

© Client agrees that its disclosure of a Deliverable to 4 competitor of Consultant in violation of Section 3 shall be treated as a breach of Client’s non-disclosure obligation under Section 7(a) for which Consultant shall be entitled to obtain injunctive relief under Section 7(b).

8 LIABILITY LIMITATIONS

(a) Neither Party shall be liable under or in connection with this Agreement for any consequential, special, incidental, indirect, punitive ‘or exemplary damages, or damages arising from or in connection with loss of use, loss of revenue, loss of actual or anticipated profit, loss by reason of delay, increased cost of construction of cost of capital, whether based on delay, contract, tort, negligence, strict liability, warranty, indemnity, error and omission or otherwise, and each Party hereby releases the other from any such liability. Nothing in this Section 8(a) shall limit Client’s payment obligations under the Agreement.

‘on delay, contract, tort, negligence, strict liability, ‘warranty, indemnity, error and omission or otherwise.

(©) The recommendations, advice, budgetary information and schedules to be furnished by Seller under this Agreement shall not be deemed to be representations, warranties, or guarantees or constitute the performance of licensed professional services. Consultant shall not be required to provide professional services that constitute the practice of architecture or engineering. Consultant shall cause any such services to be provided by a properly licensed design professional. Any claim by Client for damage, loss, or expense, based directly or indirectly upon acts, errors, or omissions of any architect, engineer, or other design professional who Consultant is required to engage in connection with this Agreement shall be made by Client against said design professional and its insurer(s) only, and Consultant shall have no liability of any kind, direct or indirect, for the professional negligence of said design professional under this Agreement or otherwise.

(@) No general or limited partner, stockholder, officer, director, joint venture, beneficiary, trustee, employee, or other principals, agents or representatives (whether disclosed or undisclosed) of the Consultant shall be personally liable to the Client for the Consultant’s obligations or otherwise, the Client hereby agreeing to look solely to the assets of the Consultant for the satisfaction of any liability of the Consultant hereunder.

9, DISPUTE RESOLUTION

(a) Claims, disputes or other matters in question between the parties to this Agreement arising out of or relating to this Agreement or breach thereof shall bbe subject to and decided by arbitration in accordance with the Construction Industry Arbitration Rules of the American Arbitration Association currently in effect unless the parties mutually agree otherwise.

(©) The award rendered by the arbitrator or arbitrators shall be final, and judgment may be entered upon it in accordance with applicable law in any court having jurisdiction thereof,

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GENERAL

(a) The Client shall furnish required information as expeditiously as necessary for the orderly progress of the Consultant’s Services, and the Consultant shall be entitled to rely on the accuracy and completeness thereof.

(b) The Client shall designate a representative duly authorized to act on the Client’s behalf with respect to this Agreement. The Client or such authorized individual shall render decisions in a timely manner.

© Each Party represents and warrants that this Agreement has been duly authorized, executed and delivered and constitutes a binding agreement enforceable against it. The Parties agree that this Agreement supersedes all prior oral and written communications and/or agreements that may have been made or entered into between them regarding the subject matter hereof, including but not limited to any proposals, and constitutes the entire agreement between them with respect to the subject matter hereof.

(d) Neither Party may assign this Agreement, including by operation of law, without the other Party’s prior written consent and any non-authorized assignment shall be null and void and of no force or effect.

(e) Client acknowledges that Consultant is not under this Agreement providing or agreeing to provide to any person or entity, including Client or its lenders, any financial, engineering, architectural, legal or other opinions or guarantees regarding the commercial or technical performance of any process, product or system.

(f) Consultant is an independent contractor. Neither Consultant, nor any of its employees, agents or sub- consultants is or shall be deemed to be an agent or employee of Client. Consultant has sole authority and responsibility to employ, discharge or otherwise control its employees agents and sub-consultants.

(g) Notices shall be effective hereunder as follows only if in writing and addressed to the person designated in this provision: (1) upon delivery, if delivered personally to the person; (2) upon transmission, if transmitted to the facsimile number of the person; and (3) upon posting, if by first class or overnight mail (postage prepaid). Unless otherwise

agreed in writing, notices to Consultant shall be delivered to the author of the letter agreement executed by the Client, and notices to the Client shall be delivered to the recipient of that letter.

(h) If the Services are to be provided in connection with a project or facility located in a particular state, then this Agreement shall be governed by and construed in accordance with the laws of that state, excluding any choice of law rules of such state that would require application of the laws of another state.
Otherwise, this Agreement shall be governed by and construed in accordance with the laws of the State of New Jersey, excluding any choice of law rules of such state that would require application of the laws of another state.

(i) The terms and conditions of this Agreement shall prevail, notwithstanding any variance with any purchase order or other similar written instrument submitted by Client to Consultant in connection with the Services whether formally rejected by Consultant or not. This Agreement may be modified only by a written amendment executed by both Parties. In the event that any term or condition of this Agreement is found to be illegal or unenforceable, the term or condition shall be deemed stricken to the extent and in the jurisdictions necessary for compliance with applicable law and modified only to the extent necessary to comply with applicable law and the remaining terms and conditions shall remain in full force and effect.

(j) Nothing in this Agreement gives any rights or benefits to any person or entity other than the Parties.

(k) The section headings in this Agreement are for convenience only and shall not affect the interpretation hereof.

(l) The provisions herein shall survive termination of the Agreement and/or completion of the Services.

(m) It is understood and agreed that any delay, waiver or omission by a Party to exercise any right or power arising from any breach or default by the other Party of any of term or condition of this Agreement shall not be construed to be a waiver by that Party of any subsequent breach or default by the other Party of the same or other terms or conditions of this Agreement.

End of Attachment C

GENERAL

(b) The Client shall designate a representative duly ‘authorized to act on the Client’s behalf with respect to this Agreement, The Client or such authorized individual shall render decisions in a timely manner,

(©) Each Party represents and warrants that this Agreement has been duly authorized, executed and delivered and constitutes a binding agreement enforceable against it. The Parties agree that this Agreement supersedes all prior oral and written communications and/or agreements that may have been made or entered into between them regarding the subject matter hereof, including but not limited to any proposals, and constitutes the entire agreement between them with respect to the subject matter hereof.

(@) Neither Party may assign this Agreement, including by operation of law, without the other Party’s prior written consent and any non-authorized assignment shall be null and void and of no force or effect,

(©) Client acknowledges that Consultant is not under this Agreement providing or agreeing to provide to any person or entity, including Client or its lenders, any financial, engineering, architectural, legal or other opinions or guarantees regarding the ‘commercial or technical performance of any process, product or system.

agreed in writing, notices to Consultant shall be delivered to the author of the letter agreement executed by the Client, and notices to the Client shall be delivered to the recipient of that letter.

(h) If the Services are to be provided in connection with a project or facility located in a particular state, then this Agreement ‘shall be governed by and construed in accordance with the laws of that state, excluding any choice of law rules of such state that ‘would require application of the laws of another state. Otherwise, this Agreement shall be governed by and construed in accordance with the laws of the State of New Jersey, excluding any choice of law rules of such state that would require application of the laws of another stat.

(i) The terms and conditions of this Agreement shall prevail, notwithstanding any variance with any purchase order or other similar written instrument submitted by Client to Consultant in connection with, the Services whether formally rejected by Consultant or not. This Agreement may be modified only by a written amendment executed by both Parties. In the event that any term or condition of this Agreement is found to be illegal or unenforceable, the term or condition shall be deemed stricken to the extent and in the jurisdictions necessary for compliance with applicable law and modified only to the extent necessary to comply with applicable law and the remaining terms and conditions shall remain in full force and effect.

(i) Nothing in this Agreement gives any rights or benefits to any person or entity other than the Patties

(k) The section headings in this Agreement are for convenience only and shall not affect the interpretation hereof.

(1) The provisions herein shall survive termination of the Agreement and/or completion of the Services.

(m) It is understood and agreed that any delay, ‘waiver or omission by a Party to exercise any right or power arising from any breach or default by the other Party of any of term or condition of this Agreement shall not be construed to be a waiver by that Party of ‘any subsequent breach or default by the other Party of the same or other terms or conditions of this Agreement.

End of Attachment C

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RUSSELL COUNTY, VIRGINIA

REQUEST FOR PROPOSALS (RFP) PROJECT MANAGEMENT SERVICES

Russell County, Virginia will accept proposals until Thursday, November 20, 2019 at 2:00 p.m., from qualified firms (“Offerors”) to provide professional services for the provision of Project Management Services.

To Provide Project Management Services for all phases of construction and construction related projects under the Public Private Education Facilities Infrastructure Act (PPEA).

Russell County intends to select one firm to provide these services using the competitive negotiation procedure for professional services as defined in Section 2.2-4301 of the Virginia Public Procurement Act.

Full copies of the Request for Proposals (RFP) may be requested by contacting Mr. Lonzo Lester, County Administrator, at (276) 889-8000, or by email at
[email protected].

RUSSELL COUNTY, VIRGINIA REQUEST FOR PROPOSALS (RFP) PROJECT MANAGEMENT SERVICES

To Provide Project Management Services for all phases of construction and construction related projects under the Public Private Education Facilities Infrastructure Act (PPEA).

Full copies of the Request for Proposals (RFP) may be requested by contacting Mr. Lonzo Lester, County Administrator, at (276) 889-8000, or by email at [email protected].

Page 1 of 13

RUSSELL COUNTY, VIRGINIA

REQUEST FOR PROPOSALS (RFP)

FOR

THE PROVISION OF

PROJECT MANAGEMENT SERVICES

PREPARED BY:

RUSSELL COUNTY BOARD OF SUPERVISORS

PROPOSAL ISSUING DATE: OCTOBER 24, 2019

PROPOSAL CLOSING DATE: 2:00 P.M., NOVEMBER 20, 2019

RUSSELL COUNTY, VIRGINIA

REQUEST FOR PROPOSALS (RFP)

FOR THE PROVISION OF

PROJECT MANAGEMENT SERVICES

PREPARED BY:

RUSSELL COUNTY BOARD OF SUPERVISORS

PROPOSAL ISSUING DATE: OCTOBER 24, 2019

PROPOSAL CLOSING DATE: 2:00 P.M., NOVEMBER 20, 2019

Page 1 of 13,

Page 2 of 13

INDEX

SECTION PAGE

1.0 PURPOSE … 3.

2.0 SCOPE OF SERVICES … 3…

3.0 CONTACT PERSON(S) … 5

4.0 PROPOSAL ISSUING AND CLOSING … 5

5.0 PROPOSAL SUBMISSION … 6.

6.0 GENERAL CONDITIONS … 6.

7.0 CONTRACT TERM AND CONDITIONS … 10

8.0 INSURANCE … 11

9.0 PAYMENT TERMS … 12

10.0 COOPERATIVE PROCUREMENT … 12

11.0 PROPOSAL CONTENT … 12

12.0 PROPOSAL SELECTION PROCESS … 13

13.0 PROPOSAL EVALUATIONS … 13

1.0

2.0

3.0

4.0

5.0

6.0

7.0

8.0

9.0

10.0

11.0

12.0

13.0

INDEX SECTION PAGE

PURPOSE

SCOPE OF SERVICES …

CONTACT PERSON(S)…

PROPOSAL ISSUING AND CLOSING

PROPOSAL SUBMISSION…

GENERAL CONDITIONS …

CONTRACT TERM AND CONDITIONS…

INSURANCE…

PAYMENT TERMS…

COOPERATIVE PROCUREMENT…

PROPOSAL CONTENT.

PROPOSAL SELECTION PROCESS …

PROPOSAL EVALUATIONS …

Page 2 of 13

Page 3 of 13

Russell County will accept sealed proposals until, but no later than 2:00 p.m., November 20, 2019 for the provision of Project Management Services.

1.0 PURPOSE

It is Russell County’s desire to establish a term contract with a qualified project management/construction management firm/firms on an hourly rate basis.

2.0 SCOPE OF SERVICES

The successful proposer may be requested to provide any combination of services listed below.

2.1 Provide Project Management Services for all phases of construction and

construction related projects under the Public Private Education Facilities Infrastructure Act (PPEA) and local promulgated guidelines, including:

A. Evaluation of the most advantageous procurement method to be used for

specific, proposed construction projects.

B. Evaluation of unsolicited bids or proposals.

C. Presentations to relevant committees and boards.

D. Development of project requests for bids or proposals.

E. Evaluation of proposals for proposed construction projects.

F. Coordination with County staff and committees for complete construction management services.

2.2 Provide Project Management services for Design-Build Construction projects in

compliance with the Virginia Public Procurement Act.

2.3 Project management services for other type projects that may include the following as requested by the County;

A. Provide preliminary services to develop the concept and scope of work for a

construction or development related project.

B. Provide general oversight, monitor, and inspect critical construction activities for project construction.

C. Provide quality control and ensure that the project meets the technical

specifications as prescribed by the project manual.

Russell County will accept sealed proposals until, but no later than 2:00 p.m., November 20, 2019 for the provision of Project Management Services.

1.0

2.0

PURPOSE.

It is Russell County’s desire to establish a term contract with a qualified project management/construction management firm/firms on an hourly rate basis.

SCOPE OF SERVICES

The successfill proposer may be requested to provide any combination of services listed below.

2.1 Provide Project Management Services for all phases of construction and

2.2

construction related projects under the Public Private Education Facilities Infrastructure Act (PPEA) and local promulgated guidelines, including:

Evaluation of the most advantageous procurement method to be used for specific, proposed construction projects.

B. Evaluation of unsolicited bids or proposals.

Presentations to relevant committees and boards. D. Development of project requests for bids or proposals. E, Evaluation of proposals for proposed construction projects.

Coordination with County staff and committees for complete construction management services.

Provide Project Management services for Design-Build Construction projects in compliance with the Virginia Public Procurement Act.

Project management services for other type projects that may include the following as requested by the County;

A. Provide preliminary services to develop the concept and scope of work for a construction or development related project

B. Provide general oversight, monitor, and inspect critical construction activities

for project construction

C. Provide quality control and ensure that the project meets the technical specifications as prescribed by the project manual.

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D. Serve as a member of the construction team consisting of representatives from the owner, architect/engineer, and contractor.

E. Set up project records management system, maintain reports of the

construction activity and monitor project schedules.

F. Review and provide recommendations to the owner for monthly progress payments/change orders and monitor the financial health of the project.

G. Review shop drawings monitor Request for Information (RFI), and track

submittal approval process.

H. Provide timely responses to in the field engineering/construction issues that may arise.

I. Represent the County in resolving questions with the architect, the contractor,

and subcontractors about the project such as RFI’s, potential change orders, submittals, shop drawing approvals, and architectural/engineering addendums.

J. Insures third party testing of construction materials and building code

compliance.

K. Maintain activities log that would summarize the daily activities of the construction progress and track milestones and deliverables.

L. Regularly monitors of " As Built" record drawings and changes to the original

set of architectural drawings.

M. Secure & review O&M manuals for submission to the owner at completion of project and insure adequate training of maintenance staff.

N. Prepare final punch list inspection reports and coordinate the final acceptance

of the project with the owner and architect.

When required, lead negotiations in coordination with Owners Construction Management Representative, construction inspector and architect with the contractor regarding potential change orders or other changes in the scope of work.

P. Identify, resolve issues, and conflicts within the project team

2.4 Other duties as may be required by the owner that require the same skills to

provide the services as listed above on the management of another activity as determined by the County.

. Regularly monitors of" As Built”

Serve as a member of the construction team consisting of representatives from the owner, architect/engineer, and contractor

. Set up project records management system, maintain reports ofthe

construction activity and monitor project schedules.

Review and provide recommendations to the owner for monthly progress payments/change orders and monitor the financial health of the project.

… Review shop drawings monitor Request for Information (RFI), and track

submittal approval process.

Provide timely responses to in the field engineering/construction issues that

may arise.

Represent the County in resolving questions with the architect, the contractor, and subcontractors about the project such as RFI’s, potential change orders, submittals, shop drawing approvals, and architectural/engineering addendums.

Insures third party testing of construction materials and building code compliance.

. Maintain activities log that would summarize the daily activities of the

construction progress and track milestones and deliverables.

ecord drawings and changes to the original set of architectural drawings.

|. Secure & review O&M manuals forsubmission to the owner at completion of

project and insure adequate training of maintenance staff.

. Prepare final punch list inspection reports and coordinate the final acceptance

of the project with the owner andarchitect.

When required, lead negotiations in coordination with Owners Construction

Management Representative, construction inspector and architect with the contractor regarding potential change orders or other changes in the scope of work.

P, Identify, resolve issues, and conflicts within the project team

Other duties as may be required by the owner that require the same skills to provide the services as listed above on the management of another activity as determined by the County.

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A. Provide services to work with outside agencies or other government entities to negotiate contracts or obtain permits.

B. Assist with start-up of or manage special projects as needed.

C. Manage operations of units within the local government for a limited time

until permanent arrangement can be made.

D. Serve as the County’s agent/representative in negotiations with both public and private entities in the acquisition of properties, leases, and agreements necessary for the completion of County sponsored projects.

2.5 The County desires to establish a contract for an hourly rate with the successful

proposer. It is anticipated that the hourly rate would become the basis for establishing fixed or not to exceed price agreements for identified projects, whose scope can be generally defined.

2.6 The County anticipates that services of the successful proposer would be utilized

for any projects as determined in the final authorized scope of work; however, it retains the option of seeking competitive arrangements for any such project or phase thereof.

2.7 It is anticipated that price agreements for specific projects would include all costs

of labor, services, office expenses, phone calls and local travel. Costs for extended travel, printing and advertising may be negotiated separately.

3.0 CONTACT PERSON(S)

Questions regarding this Request for Proposals should be directed to:

        Lonzo Lester

Russell County 137 Highlands Drive P.O. Box 1208 Lebanon, VA 24266 Phone: 276-889-8000 E-mail: [email protected]

4.0 PROPOSAL ISSUING AND CLOSING

4.1 Proposal Issuing Date: October 24, 2019

4.2 Proposal Closing Date: 2:00 PM, November 20, 2019

A. Provide services to work with outside agencies or other government entities to negotiate contracts or obtain permits.

B, Assist with start-up of or manage special projects asneeded.

C. Manage operations of units within the local government for a limited time until permanent arrangement can be made.

2.5 The County desires to establish a contract for an hourly rate with the successful proposer. It is anticipated that the hourly rate would become the basis for establishing fixed or not to exceed price agreements for identified projects, whose scope can be generally defined.

2.6 The County anticipates that services of the successfull proposer would be utilized for any projects as determined in the final authorized scope of work; however, it retains the option of seeking competitive arrangements for any such project or phase thereof.

2.7 It is anticipated that price agreements for specific projects would include all costs of labor, services, office expenses, phone calls and local travel. Costs for extended travel, printing and advertising may be negotiated separately.

3.0 CONTACT PERSON(S)

Questions regarding this Request for Proposals should be directed to:

Lonzo Lester

Russell County

137 Highlands Drive

P.O. Box 1208

Lebanon, VA 24266

Phone: 276-889-8000

E-mail: [email protected]

4.0 PROPOSAL ISSUING AND CLOSING 4.1 Proposal Issuing Date: October 24,2019

4.2 Proposal Closing Date: 2:00 PM, November 20,2019

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5.0 PROPOSAL SUBMISSION

5.1 Three (3) copies of each proposal must be submitted to the Russell County Administrator’s Office, 137 Highland Drive, P.O. Box 1208, Lebanon, Virginia 24266, in a sealed envelope and marked: SEALED REQUEST FOR PROPOSAL (RFP-002), DO NOT OPEN. Proposals must be submitted no later than 2:00 PM, November 20, 2019.

5.2 No proposals will be accepted after the proposal closing date. The date of postmark

will not be considered.

5.3 Proposals may be withdrawn by written request from the proposer to the County Administrator prior to the proposal closing date.

5.4 All proposals must be signed by an individual authorized to bind the proposer

company.

5.5 All proposals become the property of Russell County.

6.0 GENERAL CONDITIONS

6.1 It is the responsibility of the proposer to inquire about and clarify any requirements

of this Request for Proposals that is not understood.

6.2 Any information relative to interpretation of these specifications shall be requested in writing to the Russell County Administrator within five (5) working days of the date set for the opening of proposals.

6.3 No protest regarding the validity or appropriateness of the specifications will be

considered, unless the protest is filed in writing with the County Purchasing Agent prior to the closing date for proposals.

6.4 Each proposal is received with the understanding that the acceptance in writing by

Russell County of the offeror to furnish any or all of the services described therein shall constitute a binding agreement which shall bind the proposer to furnish and/or deliver the services quoted at the price stated and in accordance with all conditions of said accepted proposal. Russell County, on its part is to order from successful proposer, except for causes beyond reasonable control, and pay for at the agreed prices goods and services specified and delivered.

6.5 Russell County reserves the right to reject any and/or all proposals received.

6.6 Termination for Convenience

This Agreement may be terminated by Russell County upon not less than thirty days’ written notice to the contractor for the County’s Convenience and without

5.0

6.0

PROPOSAL SUBMISSIO!

5.1

5.5

‘Three (3) copies of each proposal must be submitted to the Russell County Administrator’s Office, 137 Highland Drive, P.O. Box 1208, Lebanon, Virginia 24266, in a sealed envelope and marked: SEALED REQUEST FOR PROPOSAL (RFP-002), DO NOT OPEN. Proposals must be submitted no later than 2:00 PM, November 20, 2019.

No proposals will be accepted after the proposal closing date. The date of postmark will not be considered.

Proposals may be withdrawn by written request from the proposer to the County Administrator prior to the proposal closing date.

All proposals must be signed by an individual authorized to bind the proposer company.

All proposals become the property of Russell County.

GENERAL CONDITIONS

6.1

6.2

6.6

It is the responsibility of the proposer to inquire about and clarify any requirements of this Request for Proposals that is not understood

Any information relative to interpretation of these specifications shall be requested in writing to the Russell County Administrator within five (5) working days of the date set for the opening of proposals,

No protest regarding the validity or appropriateness of the specifications will be considered, unless the protest is filed in writing with the County Purchasing Agent prior to the closing date for proposals.

Each proposal is received with the understanding that the acceptance in writing by Russell County of the offeror to furnish any or all of the services described therein shall constitute a binding agreement which shall bind the proposer to furnish and/or deliver the services quoted at the price stated and in accordance with all conditions of said accepted proposal. Russell County, on its part is to order from successful proposer, except for causes beyond reasonable control, and pay for at the agreed prices goods and services specified and delivered.

Russell County reserves the right to reject any and/or all proposals received.

Termination for Convenience

This Agreement may be terminated by Russell County upon not less than thirty days’ written notice to the contractor for the County’s Convenience and without

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cause. In the event of such termination, the Contractor shall be compensated for authorized services performed prior to termination.

6.7 Prospective proposers acknowledge, by submission of a proposal, they have had the

opportunity prior to submitting their proposal, to raise any questions which they might have had about the solicitation.

6.8 The successful proposer will be required to provide evidence of an applicable

current business license.

6.9 The Contractor shall provide a drug-free workplace for Contractor’s employees. Contractor shall post in conspicuous places, available to employees and applicants for employment, a statement notifying employees that the unlawful manufacturer, sale, distribution, dispensation, possession, or use of a controlled substance or marijuana is prohibited in Contractor’s workplace and specifying the actions that will be taken against employees for violations of such prohibition. Contractor shall state in all solicitations or advertisements for employees placed by or on behalf of Contractor that Contractor maintains a drug-free workplace. Contractor shall include these provisions in every subcontract or purchase order of over $10,000 so that these requirements are binding upon each subcontractor or vendor.

(Virginia Code §2.2-4312)

6.10 During the performance of this Agreement, the Contractor agrees as follows:

A. The Contractor will not discriminate against any employee or applicant for

employment because of race, religion, color, sex, national origin, age, disability, or other basis prohibited by state law relating to discrimination in employment, except where there is a bona fide occupational qualification reasonably necessary to the normal operation of the contractor. The Contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices setting forth the provisions of this nondiscrimination clause.

B. The Contractor, in all solicitations or advertisements for employees placed

by or on behalf of the Contractor, will state that such contractor is an equal opportunity employer.

C. Notices, advertisements and solicitations placed in accordance with federal

law, rule or regulation shall be deemed sufficient for the purpose of meeting the requirements of this section.

The contractor will include the provisions of the foregoing paragraphs A, B, and C in every subcontract or purchase order of over $10,000, so that the provisions will be binding upon each subcontractor or vendor.

6.7

6.9

6.10

cause. In the event of such termination, the Contractor shall be compensated for authorized services performed prior to termination.

Prospective proposers acknowledge, by submission of a proposal, they have had the opportunity prior to submitting their proposal, to raise any questions which they might have had about the solicitation.

The successful proposer will be required to provide evidence of an applicable current business license.

The Contractor shall provide a drug-free workplace for Contractor’s employees. Contractor shall post in conspicuous places, available to employees and applicants for employment, a statement notifying employees that the unlawful manufacturer, sale, distribution, dispensation, possession, or use of a controlled substance or ana is prohibited in Contractor’s workplace and specifying the actions that will be taken against employees for violations of such prohibition, Contractor shall state in all solicitations or advertisements for employees placed by or on behalf of Contractor that Contractor maintains a drug-free workplace. Contractor shall include these provisions in every subcontract or purchase order of over

$10,000 so that these requirements are binding upon each subcontractor or vendor.

(Virginia Code §2.2-4312) During the performance of this Agreement, the Contractor agrees as follows:

A. The Contractor will not discriminate against any employee or applicant for employment because of race, religion, color, sex, national origin, age, disability, or other basis prohibited by state law relating to discrimination in employment, except where there is a bona fide occupational qualification reasonably necessary to the normal operation of the contractor. The Contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices setting forth the provisions of this nondiscrimination clause.

B, The Contractor, in all solicitations or advertisements for employees placed by or on behalf of the Contractor, will state that such contractor is an equal opportunity employer.

Cc. Notices, advertisements and solicitations placed in accordance with federal law, rule or regulation shall be deemed sufficient for the purpose of meeting the requirements of this section.

The contractor will include the provisions of the foregoing paragraphs A, B, and C

in every subcontract or purchase order of over $10,000, so that the provisions will be binding upon each subcontractor or vendor.

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(Virginia Code §2.2-4311)

6.11 The Contractor does not, and shall not during the performance of this Agreement, knowingly employ an unauthorized alien as defined in the federal Immigration Reform and Control Act of 1986.

(Virginia Code §2.2-4311.1)

6.12 If the Contractor is organized as a stock or nonstock corporation, limited liability

company, business trust, or limited partnership or registered as a registered limited liability partnership, he shall be authorized to transact business in the Commonwealth as a domestic or foreign business entity if so, required by Title 13.1 or Title 50 or as otherwise required by law. Contractor shall not allow its existence to lapse or its certificate of authority or registration to transact business in the Commonwealth to be revoked or cancelled at any time during the term of this Agreement.

6.13 PAYMENT CLAUSES

A. The Contractor shall take one of the two following actions within seven

days after receipt of amounts paid to him by the County for work performed by a subcontractor under the Agreement:

Pay the subcontractor for the proportionate share of the total

payment received from the County attributable to the work performed by the subcontractor under the Agreement; or

Notify the County and subcontractor, in writing, of his intention to

withhold all or a part of the subcontractor’s payment and the reason for nonpayment.

B. The Contractor shall pay interest to the subcontractor on all amounts owed

by the Contractor that remain unpaid after seven days following receipt by the Contractor of payment from the County for work performed by the subcontractor under the Agreement, except for amounts withheld as allowed in subsection A.

C. Unless otherwise provided under the terms of this Agreement, interest shall

accrue at the rate of one percent per month.

D. The Contractor shall include in each of its subcontracts a provision requiring each subcontractor to include or otherwise be subject to the same payment and interest requirements with respect to each lower-tier subcontractor.

6.1L

6.12

(Virginia Code §2.2-4311)

The Contractor does not, and shall not during the performance of this Agreement, knowingly employ an unauthorized alien as defined in the federal Immigration Reform and Control Act of 1986.

(Virginia Code §2.2-4311.1)

If the Contractor is organized as a stock or nonstock corporation, limited liability company, business trust, or limited partnership or registered as a registered limited liability partnership, he shall be authorized to transact business in the Commonwealth as a domestic or foreign business entity if so, required by Title 13.1 or Title 50 or as otherwise required by law. Contractor shall not allow its existence to lapse or its certificate of authority or registration to transact business in the Commonwealth to be revoked or cancelled at any time during the term of this Agreement.

PAYMENT CLAUSES

A. The Contractor shall take one of the two following actions within seven days after receipt of amounts paid to him by the County for work performed by a subcontractor under the Agreement:

Pay the subcontractor for the proportionate share of the total payment received from the County attributable to the work performed by the subcontractor under the Agreement; or
Notify the County and subcontractor, in writing, of his intention to withhold all or a part of the subcontractor’s payment and the reason for nonpayment.

B. The Contractor shall pay interest to the subcontractor on all amountsowed by the Contractor that remain unpaid after seven days following receipt by the Contractor of payment from the County for work performed by the subcontractor under the Agreement, except for amounts withheld as allowed in subsection A.

C. Unless otherwise provided under the terms of this Agreement, interest shall accrue at the rate of one percent permonth.

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E. The Contractor’s obligation to pay an interest charge to a subcontractor pursuant to the payment clause in this section shall not be construed to be an obligation of the state agency or agency of local government. No modification to this Agreement shall be made for the purpose of providing reimbursement for the interest charge. A cost reimbursement claim shall not include any amount for reimbursement for the interest charge.

F. The Contractor shall provide to the County (i) his social security number if

an individual, or (ii) the federal employer identification number if a proprietorship, partnership, or corporation.

(Virginia Code §2.2-4354)

6.14 The Contractor shall indemnify and hold harmless County and its officers, agents,

volunteers, and employees against any and all liability, losses, damages, claims, causes of action, suits of any nature, costs, and expenses, including reasonable attorney’ s fees, resulting from or arising out of Contractor’s or its agent’s or subcontractor’s negligent activities or omissions on or near any of the County’s property or easements, or arising out of or resulting from Contractor’s negligence in providing any of the services under this Agreement, including, without limitation, fines and penalties, violations of federal, state, or local laws, or regulations promulgated thereunder, or any personal injury, wrongful death, or property damage claims of any type.

6.15 No payment, final or otherwise, nor partial or entire use or acceptance of

Contractor’s work by the County shall constitute acceptance of any professional services not in accordance with the Agreement, nor shall the same relieve the Contractor of any responsibility for any errors or omissions in connection with the Project or operate to release the Contractor from any obligation under the Agreement.

6.16 The Contractor shall comply with all applicable federal, state, and local laws, codes

and regulations currently in force or subsequently adopted, including terms and provisions of all Russell County Ordinances.

6.17 The claims procedure established pursuant to Virginia Code §2.2-4363 shall apply

to any contractual disputes arising under this Agreement.

6.18 In the event that any provision of this Agreement is adjudged or decreed to be invalid , such ruling shall not invalidate the entire Agreement but shall pertain only to the provision in question and the remaining provisions shall continue to be valid, binding, and in full force and effect.

6.19 The County does not discriminate against faith-based organizations, and enters

contracts described in this sub-paragraph on the same basis as any other nongovernmental source without impairing the religious character of such

6.14

6.15

6.16

6.17

6.18

6.19

The Contractor’s obligation to pay an interest charge to a subcontractor pursuant to the payment clause in this section shall not be construed to be an obligation of the state agency or agency of local government. No modification to this Agreement shall be made for the purpose of providing reimbursement for the interest charge. A cost reimbursement claim shall not include any amount for reimbursement for the interest charge.

The Contractor shall provide to the County (i) his social security numbei an individual, or (ii) the federal employer identification number if a proprietorship, partnership, or corporation.

(Virginia Code §2.2-4354)

‘The Contractor shall indemnify and hold harmless County and its officers, agents, volunteers, and employees against any and all liability, losses, damages, claims, causes of action, suits of any nature, costs, and expenses, including reasonable attorney’ s fees, resulting from or arising out of Contractor’s or its agent’s or subcontractor’s negligent act issions on or near any of the County’s property or easements, or arising out of or resulting from Contractor’s negligence in providing any of the services under this Agreement, including, without limitation, fines and penalties, violations of federal, state, or local laws, or regulations promulgated thereunder, or any personal injury, wrongful death, or property damage claims of any type.

No payment, final or otherwise, nor partial or entire use or acceptance of Contractor’s work by the County shall constitute acceptance of any professional services not in accordance with the Agreement, nor shall the same relieve the Contractor of any responsibility for any errors or omissions in connection with the Project or operate to release the Contractor from any obligation under the Agreement.

The Contractor shall comply with all applicable federal, state, and local laws, codes and regulations currently in force or subsequently adopted, including terms and provisions of all Russell County Ordinances.

The claims procedure established pursuant to Virginia Code §2.2-4363 shall apply to any contractual disputes arising under this Agreement.

In the event that any provision of this Agreement is adjudged or decreed to be invalid , such ruling shall not invalidate the entire Agreement but shall pertain only to the provision in question and the remaining provisions shall continueto be valid, binding, and in full force and effect.

The County does not discriminate against faith-based organizations, and enters contracts described in this sub-paragraph on the same basis as any other nongovernmental source without impairing the religious character of such

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organization, and without diminishing the religious freedom of the beneficiaries of assistance provided under this section.

A. " Faith-based Organization" means a religious organization that is or applies to

be a Vendor to provide goods or services for programs funded by the block grant provided pursuant to the Personal Responsibility and Work Opportunity Reconciliation Act of 1996, P.L. 104-193, as amended.

B. If a Vendor is a faith-based organization, then the Vendor must give to each

individual who applies for or receives goods, services, or disbursements provided pursuant to this Agreement the following notice in bold-faced type:

NOTICE:

Neither the County’s selection of a charitable or faith-based provider of services nor the expenditure of funds under this contract is an endorsement of the provider’s charitable or religious character, practices, or expression. No provider of services may discriminate against you based on religion, a religious belief, or your refusal to actively participate in a religious practice. If you object to a particular provider because of its religious character, you may request assignment to a different provider. If you believe that your rights have been violated, please discuss the complaint with your provider or notify the appropriate person as indicated in this form.

6.20 Contractor shall, at the County’s request, provide documentation of their authority to

transact business in the Commonwealth of Virginia.

7.0 CONTRACT TERM AND CONDITIONS

7.1 The initial term of this contract agreement shall commence January 1, 2020 and

extend through December 31, 2020. Russell County at its option may extend the initial term for up to four (4) additional, one (1) year periods, to be mutually negotiated at a reasonable time prior to the annual expiration date of December 31 of the respective year. Depending upon proposals received, the County may determine that it is in their best interest to contract with more than one firm.

7.2 It is understood that the basis for contract pricing is an hourly rate structure,

however the County may request a total not to exceed price for specific projects, based upon a scope of work provided. Terms, conditions and pricing of this contractual arrangement may be extended to the Russell County School Board, Russell County Public Service Authority and the Industrial Development Authority of Russell County, when so requested and at the discretion of the County.

7.3 A. This contract may be terminated by Russell County upon not less than thirty

(30) days written notice to the contractor for the County’ s convenience and without cause. In the event of such termination, the

7.0

organization, and without diminishing the religious freedom of the beneficiaries of assistance provided under this section.

A. "Faith-based Organization” means a religious organization that is or applies to be a Vendor to provide goods or services for programs funded by the block grant provided pursuant to the Personal Responsibility and Work Opportunity Reconciliation Act of 1996, P.L. 104-193, as amended.

B. Ifa Vendor isa faith-based organization, then the Vendor must give to each individual who applies for or receives goods, services, or disbursements provided pursuant to this Agreement the following notice in bold-faced

type:

NOTICE:

6.20

Neither the County’s selection of a charitable or faith-based provider of services nor the expenditure of funds under this contract is an endorsement of the provider’s charitable or religious character, practices, or expression. No provider of services may inate against you based on religion, ar belief, or your refusal to actively participate in a religious practice. If you object to a particular provider because of its religious character, you may request assignment to a different provider. If you believe that your rights have been violated, please discuss the complaint with your provider or notify the appropriate person as indicated in this form.

Contractor shall, at the County’s request, provide documentation of their authority to transact business in the Commonwealth of Virginia.

CONTRACT TERM AND CONDITIONS

‘The initial term of this contract agreement shall commence January 1, 2020 and extend through December 31, 2020. Russell County at its option may extend the initial term for up to four (4) additional, one (1) year periods, to be mutually negotiated at a reasonable time prior to the annual expiration date of December 31 of the respective year. Depending upon proposals received, the County may determine that it is in their best interest to contract with more than one firm.

It is understood that the basis for contract pricing is an hourly rate structure, however the County may request a total not to exceed price for specific projects, based upon a scope of work provided. Terms, conditions and pricing of this contractual arrangement may be extended to the Russell County School Board, Russell County Public Service Authority and the Industrial Development Authority of Russell County, when so requested and at the discretion of the County.

A. This contract may be terminated by Russell County upon not less than thirty (30) days written notice to the contractor for the County’ s convenience and without cause. In the event of such termination, the

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contractor shall be compensated for satisfactory services performed prior to termination.

B. Any sub-agreement for services to be provided for specific projects as

authorized under this contract, whether by Russell County or other eligible cooperative purchasing public body, may be terminated upon a thirty (30) day written notice to the contractor. In the event of such termination, the contractor shall be compensated for satisfactory services performed prior to termination.

7.4 The anticipated form of a resulting contract shall include a narrative description of

negotiated terms, conditions and cost; the original Request for Proposals, Addenda information and proposal response.

8.0 INSURANCE

8.1 The Contractor shall procure, maintain, and provide proof of insurance coverage

for injuries to persons and/or property damage as may arise from or in connection with the work performed on behalf of Russell County by the Contractor, his agents, representatives, employees or sub-contractors. Such coverage shall be maintained by the Contractor for the duration of the contract period.

Minimum Coverage and Limits:

General Liability $2,000,000 combined single limit s per occurrence.
Worker’ s Compensation: As required by the Worker’s Compensation Act

of Virginia.

Automobile Liability: $1,000,000 per occurrence.

8.2 All Coverage

A. The insurer shall agree to waive all rights of subrogation against Amherst County, its officers/officials, agents, employees and volunteers for losses arising from work performed by the Contractor.

B. The insurer shall provide 30 days written notice to Russell County before

any cancellation, suspension or void of any coverage in whole or part where such provision is reasonable.

8.3 Verification of Coverage

The contractor shall furnish Russell County certificates of insurance with endorsements affecting coverage. The certificates and endorsements are to be signed by a person authorized by the insurance company to bind coverage on its

contractor shall be compensated for satisfactory services performed prior to termination.

B. Any sub-agreement for services to be provided for specific projects as authorized under this contract, whether by Russell County or other eligible cooperative purchasing public body, may be terminated upon a thirty (30) day written notice to the contractor. In the event of such termination, the contractor shall be compensated for satisfactory services performed prior to termination.

The anticipated form of a resulting contract shall include a narrative description of negotiated terms, conditions and cost; the original Request for Proposals, Addenda information and proposal response.

8.0 INSURANCE

8.1

8.2

8.3

‘The Contractor shall procure, m: surance coverage for injuries to persons and/or property damage as may arise from or in connection with the work performed on behalf of Russell County by the Contractor, his agents, representatives, employees or sub-contractors. Such coverage shall be maintained by the Contractor for the duration of the contract period.

Minimum Coverage and Limits: 1, General Liability $2,000,000 combined single limits per occurrence.

Worker! s Compensation: As required by the Worker’s Compensation Act of Virginia.
Automobile Liability: $1,000,000 per occurrence.

All Coverage

B. The insurer shall provide 30 days written notice to Russell County before any cancellation, suspension or void of any coverage in whole or part where such provision is reasonable.

Verification of Coverage

The contractor shall furnish Russell County certificates of insurance with

endorsements affecting coverage. The certificates and endorsements are to be signed by a person authorized by the insurance company to bind coverage on its

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behalf. The certificates and endorsements are to be received and approved by the County before commencement of work by the contractor.

8.4 Sub-Contractors

All coverage for sub-contractors of the Contractor shall be subject to all the requirements stated herein.

9.0 PAYMENT TERMS

Russell County will make payment in full within 30 days of submission of an itemized invoice, and acceptance of work by the County. Invoice(s) should be submitted on a no more frequent than monthly basis.

10.0 COOPERATIVE PROCUREMENT

10.1 Pursuant to the Code of Virginia, §2.2-4304 “Cooperative Procurement”, and

Russell County’s Request for Proposals Number 3354, this agreement is available for use by all “public bodies” as defined by §2.2-4301 and referenced by §2.2-4304 of the Code of Virginia.

10.2 Any public body desiring to utilize services described in this Request for Proposals

must notify the Russell County Purchasing Department of their intentions to do so. Russell County shall have no responsibilities for cooperative procurement contract agreements for public bodies other than themselves.

11.0 PROPOSAL CONTENT

Proposers should address, but need not be limited to, all requirements listed herein, with a written proposal and should not assume that an opportunity will exist to add such matters after the proposal is submitted.

11.1 Provide all contact information and brief background of your firm and its capabilities.

Please sate the location of your firm’s headquarters and any branch offices.

11.2 Identify the primary officers of your firm and describe credentials and experience of employees who would be assigned to the proposed project. Please state the number of persons employed by your firm with required training and qualifications relative to the Scope of Service requested in this Request for Proposals.

11.3 List at least three (3) references with contact information (include telephone

number) for which your firm has provided similar services to those requested in the previous three (3) years.

9.0

10.0

11.0

8.4

behalf. The certificates and endorsements are to be received and approved by the County before commencement of work by the contractor.

Sub-Contractors,

All coverage for sub-contractors of the Contractor shall be subject to all the requirements stated herein,

PAYMENT TERMS

COOPERATIVE PROCUREMENT

10.1

10.2

Pursuant to the Code of Virginia, §2.2-4304 "Cooperative Procureme Russell County’s Request for Proposals Number 3354, this agreement is available for use by all "public bodies” as defined by §2.2-4301 and referenced by §2.2-4304 of the Code of Virginia.

Any public body desiring to utilize services described in this Request for Propo: must notify the Russell County Purchasing Department of their intentions to do so. Russell County shall have no responsibilities for cooperative procurement contract agreements for public bodies other than themselves,

PROPOSAL CONTENT

11.1 Provide all contact information and brief background of your firm and its capabilities.

11.2

113

Please sate the location of your firm’s headquarters and any branch offices.

Identify the primary officers of your firm and describe credentials and experience of employees who would be assigned to the proposed project. Please state the number of persons employed by your firm with required training and qualifications relative to the Scope of Service requested in this Request for Proposals.

List at least three (3) references with contact information (include telephone

number) for which your firm has provided similar services to those requested in the previous three (3) years.

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Page 13 of 13

11.4 Provide evidence of your ability to provide minimum insurance coverage requirements as specified in Section 8.0 of this document.

11.5 Please provide a brief narrative description of your understanding of the contractual

cost arrangement requested. Provide your proposed hourly rate(s) for the discipline or disciplines proposed to meet the requirements of this Request for Proposals.

12.0 PROPOSAL SELECTION PROCESS

12.1 This Request for Proposals is part of a competitive procurement process which

helps to serve the best interest of Russell County. It also provides firms with a fair opportunity for their services to be considered. The process of competitive negotiation being used in this case should not be confused with the different process of “competitive sealed bidding”. The latter process is usually used where goods and/or services being purchased can be precisely described and price is usually the sole determining factor. With competitive negotiation on the other hand, price is not required to be the sole determining factor, although it may be, and Russell County has the flexibility that it needs to negotiate with one or more firms to arrive at a mutually agreeable relationship. Offeror’s are to make written proposals which present the offeror’s qualifications and understanding of the work to be performed. Offeror’s are asked to address each evaluation criterion and to be specific in presenting their qualifications. Your proposal should provide all the information which you consider pertinent to your qualifications for the project.

12.2 Selection shall be made of two (2) or more offerors deemed to be fully qualified

and best suited among those submitting proposals, based on the factors involved in the Request for Proposals. Negotiations shall then be conducted with each of the offerors so selected. Price shall be considered but need not be the sole determining factor. After negotiations have been conducted with each offeror so selected, Russell County shall select the offeror which, in its option, has made the best proposal and shall award the contract to that offeror.

13.0 PROPOSAL EVALUATIONS

13.1 All proposals submitted will be reviewed and evaluated by a representative

committee for the Russell County Board of Supervisors. 13.2 Following is the specific evaluation criteria to be used for judging proposals and

the total possible point value to be assigned to each evaluation factor. The maximum poss1’ble score that a proposal could receive is 100 points.

EVALUATION CRITERIA POINTS A. Firms’ qualifications to provide the required services. 35 B. Experience. 30 C References. 10 D. Cost. 25

12.0

13.0

Provide evidence of your ability to provide minimum insurance coverage requirements as specified in Section 8.0 of this document.

Please provide a brief narrative description of your understanding of the contractual cost arrangement requested. Provide your proposed hourly rate(s) for the discipline or disciplines proposed to meet the requirements of this Request for Proposals.

PROPOSAL SELECTION PROCESS

12.1

12.2

This Request for Proposals is part of a competitive procurement process which helps to serve the best interest of Russell County. It also provides firms with a fair opportunity for their services to be considered. The process of competitive negotiation being used in this case should not be confused with the different process of "competitive sealed bidding”. The latter process is usually used where goods and/or services being purchased can be precisely described and price is usually the sole determining factor. With competitive negotiation on the other hand, price is not required to be the sole determining factor, although it may be, and Russell County has the flexibility that it needs to negotiate with one or more firms to arrive at a mutually agreeable relationship. Offeror’s are to make written proposals which present the offeror’s qualifications and understanding of the work to be performed. Offeror’s are asked to address each evaluation criterion and to be specific in presenting their qualifications. Your proposal should provide all the information which you consider pertinent to your qualifications for the project.

Selection shall be made of two (2) or more offerors deemed to be fully qualified and best suited among those submitting proposals, based on the factors involved in the Request for Proposals. Negotiations shall then be conducted with each of the offerors so selected. Price shall be considered but need not be the sole determining factor. After negotiations have been conducted with each offeror so selected, rausel County shall select the offeror which, in its option, has made the best proposal and shall award the contract to that offeror.

PROPOSAL EVALUATIONS,

13.1

13.2

All proposals submitted will be reviewed and evaluated by a representative committee for the Russell County Board of Supervisors.

Following is the specific evaluation criteria to be used for judging proposals and the total possible point value to be assigned to each evaluation factor. The maximum posslble score that a proposal could receive is 100 points,

EVALUATION CRITERIA POINT: ‘A.___ Firms’ qualifications to provide the required services. 35 B. Experience. 30 C___ References. 10 D. Cost. 25

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USER AGREEMENT
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USER AGREEMENT FOR

SOLID WASTE DISPOSAL

THIS AGREEMENT, made and executed this the day of , 2020

by and between the COUNTY OF RUSSELL, Virginia, hereinafter referred to as “User”, and the

CUMBERLAND PLATEAU WASTE MANAGEMENT AUTHORITY, an Authority created

pursuant to the Virginia Water and Sewer Authorities Act, hereinafter referred to as “Authority”.

ARTICLE I – BASIC INTENT AND PURPOSE

This Agreement is entered into pursuant to the authorization and mandate of the

Virginia Water and Sewer Authorities Act (hereinafter the “Act”).

The Authority has all the powers, rights and duties as described in the Act that are

specified in its Articles of Incorporation and may exercise the same in the

performance of its functions as set out in the Act.

The purposes for which the Authority was created are to acquire, purchase, lease as

lessee, construct, reconstruct, improve, extend, operate, maintain and finance a

Garbage and Refuse Collection and Disposal System, as that term is defined in the

Act, within, without, or partly within and partly without the Counties of Buchanan,

Dickenson and Russell, Virginia.

The Authority, subject to the terms and conditions hereinafter set out, desires to

maintain a safe, sanitary and environmentally sound Disposal System (hereinafter

defined) and for and by such Disposal System to accept and dispose of the

Disposable Solid Waste (as the term is defined herein, and hereinafter referred to

as DSW) of the User subsequent to the start up of such Disposal System.

The User, subject to the terms and conditions hereinafter set out, desires to use and

support the Authority’s Disposal System by ensuring the disposal by means of the

Disposal System of the DSW generated within, collected by, or otherwise under the

control of the User.

The Disposal System shall be established, operated and maintained in accordance

with the Authority’s Plan of Operation, attached hereto and incorporated herein,

which is intended to be effective upon start up of the Disposal System, and which

may be amended by the Authority from time to time.

USER AGREEMENT FOR SOLID WASTE DISPOSAL

THIS AGREEMENT, made and executed this the dayof,_ 2020

by and between the COUNTY OF RUSSELL, Virginia, hereinafter referred to as “User”, and the CUMBERLAND PLATEAU WASTE MANAGEMENT AUTHORITY, an Authority created

pursuant to the Virginia Water and Sewer Authorities Act, hereinafter referred to as “Authority”. ARTICLE I - BASIC INTENT AND PURPOSE

This Agreement is entered into pursuant to the authorization and mandate of the Virginia Water and Sewer Authorities Act (hereinafter the “Act”).
The Authority has all the powers, rights and duties as described in the Act that are specified in its Articles of Incorporation and may exercise the same in the performance of its functions as set out in the Act.
The purposes for which the Authority was created are to acquire, purchase, lease as lessee, construct, reconstruct, improve, extend, operate, maintain and finance a Garbage and Refuse Collection and Disposal System, as that term is defined in the Act, within, without, or partly within and partly without the Counties of Buchanan, Dickenson and Russell, Virginia.
The Authority, subject to the terms and conditions hereinafter set out, desires to maintain a safe, sanitary and environmentally sound Disposal System (hereinafter defined) and for and by such Disposal System to accept and dispose of the Disposable Solid Waste (as the term is defined herein, and hereinafter referred to as DSW) of the User subsequent to the start up of such Disposal System.
The User, subject to the terms and conditions hereinafter set out, desires to use and support the Authority’s Disposal System by ensuring the disposal by means of the Disposal System of the DSW generated within, collected by, or otherwise under the control of the User.
The Disposal System shall be established, operated and maintained in accordance with the Authority’s Plan of Operation, attached hereto and incorporated herein, which is intended to be effective upon start up of the Disposal System, and which

may be amended by the Authority from time to time.

USER AGREEMENT Page | 1

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ARTICLES II – DEFINITIONS

Disposable Solid Waste (hereinafter DSW) – Any Solid Waste other than

Hazardous Waste, specifically including Processible Solid Waste, Special Waste

(approved, as set forth in the Plan of Operation) and Non-Processible Solid Waste

(as such terms are defined in the Plan of Operation).

Disposable System – All those plans and facilities owned, leased or operated by

the Authority designed to collect, manage and/or dispose of Solid Waste and those

designed to accomplish recycling and/or volume waste reduction by other methods

from DSW; and the land, structures, vehicles and equipment for us in connection

therewith.

Hazardous Waste – a Solid Waste or combination of Solid Waste which, because

of its quantity, concentration or physical, chemical or infectious characteristics

may: (a) cause or significantly contribute to an increase in mortality or an increase

in serious irreversible, or incapacitating reversible, illness; or (b) pose a substantial

present or potential hazard to human health, the Disposal System, or the

environment when improperly treated, stored, transported, disposed of or otherwise

managed. The foregoing definition is intended to include any waste now or

hereafter designated as “hazardous” by State or Federal agencies (including the

United States Environmental Protection Agency) with jurisdiction and authority

and authority to promulgate and enforce rules and regulations for the handling and

disposal of hazardous and other wastes.

Non-Conforming Waste – (a) Any waste excluded from the definition of Solid

Waste and (b) Special Waste (as defined in the Plan of Operation) which has not

been approved by the Authority.

Phase I Stat Up Date – The date on which Phase I of the Disposal System, as

described in the Plan of Operation, is ready to commence full operations.

Phase II – Start Up Date – The date on which the Authority’s Recycling Facility is

ready to commence full operations for the disposal of PSW.

Plan of Operation – A plan adopted by the Authority, as amended or supplemented,

setting forth the types of material acceptable to the Authority for disposal, the times

and places where material will be received by the Authority, the methods of

ARTICLES I — DEFINITIONS

Disposable Solid Waste (hereinafter DSW) - Any Solid Waste other than Hazardous Waste, specifically including Processible Solid Waste, Special Waste (approved, as set forth in the Plan of Operation) and Non-Processible Solid Waste (as such terms are defined in the Plan of Operation).
Disposable System — All those plans and facilities owned, leased or operated by the Authority designed to collect, manage and/or dispose of Solid Waste and those designed to accomplish recycling and/or volume waste reduction by other methods from DSW; and the land, structures, vehicles and equipment for us in connection therewith.
Hazardous Waste — a Solid Waste or combination of Solid Waste which, because of its quantity, concentration or physical, chemical or infectious characteristics may: (a) cause or significantly contribute to an increase in mortality or an increase in serious irreversible, or incapacitating reversible, illness; or (b) pose a substantial present or potential hazard to human health, the Disposal System, or the environment when improperly treated, stored, transported, disposed of or otherwise managed. The foregoing definition is intended to include any waste now or hereafter designated as “hazardous” by State or Federal agencies (including the United States Environmental Protection Agency) with jurisdiction and authority and authority to promulgate and enforce rules and regulations for the handling and disposal of hazardous and other wastes,

4, Non-Conforming Waste — (a) Any waste excluded from the definition of Solid Waste and (b) Special Waste (a

s defined in the Plan of Operation) which has not been approved by the Authority.

Phase I Stat Up Date ~ The date on which Phase I of the Disposal System, as described in the Plan of Operation, is ready to commence full operations.
Phase II - Start Up Date — The date on which the Authority’s Recycling Facility is ready to commence full operations for the disposal of PSW.
Plan of Operation — A plan adopted by the Authority, as amended or supplemented, setting forth the types of material acceptable to the Authority for disposal, the times and places where material will be received by the Authority, the methods of

USER AGREEMENT Page | 2

USER AGREEMENT
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collecting fees charged by the Authority for disposal service, and such other

information as will describe operations procedures, control use of the Disposal

System and provide instruction and guidelines to users of the Disposal System. The

Plan of Operation is attached hereto and made a part hereof but may be amended

or supplemented by the Authority in its sole discretion from time to time.

Solid Waste – Any garbage, trash, brush, refuse, sludge (as defined in the Plan of

Operation) and other discarded material, including solid, liquid, semi-solid or

contained gaseous material, resulting from industrial, commercial, mining and

agricultural operations and from community activities and residences, but does not

include (i) solid and dissolved materials in domestic sewage, (ii) solid or dissolved

material in irrigation return flows or in industrial discharges which are sources

subject to permit from the State Water Control board, (iii) source, special nuclear,

or by-product material as defined by the Federal Atomic Energy Act of 1954, as

amended, (iv) to the extent such Solid Waste is transported from the Transfer

Stations to any landfill operated by an entity other than the Authority, and other

materials not allowed under the permits, licenses and approvals relating to such

landfill, or (v) asbestos.

Tipping Fee – The charge made by the Authority for the disposal of DSW (as set

forth in the Plan of Operation). The Tipping Fee shall be calculated by determining

the total of (a) the disposal fee charged by any landfill operator with whom the

Authority may contract for the ultimate disposal of any Solid Waste delivered

hereunder; (b) the transportation costs incurred in the transport of DSW from the

Authority’s Transfer Stations to any such landfill, © the amount of principal

premium, if any, and interest or any other amounts due, or to become due, with

respect to any indebtedness of the Authority or required to avoid a default with

respect to such indebtedness, and (d) all expenses of the Authority relating to the

operation and maintenance of the Disposal System, including any required reserves.

This amount shall be divided by the tonnage projected to be received to derive and

cost per ton to be charged for use of the Disposal System. These charges may be

amended pursuant to the terms and conditions contained herein.

collecting fees charged by the Authority for disposal service, and such other information as will describe operations procedures, control use of the Disposal System and provide instruction and guidelines to users of the Disposal System. The Plan of Operation is attached hereto and made a part hereof but may be amended or supplemented by the Authority in its sole discretion from time to time.

Solid Waste — Any garbage, trash, brush, refuse, sludge (as defined in the Plan of Operation) and other discarded material, including solid, liquid, semi-solid or contained gaseous material, resulting from industrial, commercial, mining and agricultural operations and from community activities and residences, but does not include (i) solid and dissolved materials in domestic sewage, (ii) solid or dissolved material in irrigation return flows or in industrial discharges which are sources subject to permit from the State Water Control board, (iii) source, special nuclear, or by-product material as defined by the Federal Atomic Energy Act of 1954, as amended, (iv) to the extent such Solid Waste is transported from the Transfer Stations to any landfill operated by an entity other than the Authority, and other materials not allowed under the permits, licenses and approvals relating to such landfill, or (v) asbestos.

Tipping Fee — The charge made by the Authority for the disposal of DSW (as set forth in the Plan of Operation). The Tipping Fee shall be calculated by determining the total of (a) the disposal fee charged by any landfill operator with whom the Authority may contract for the ultimate disposal of any Solid Waste delivered hereunder; (b) the transportation costs incurred in the transport of DSW from the Authority’s Transfer Stations to any such landfill, © the amount of principal premium, if any, and interest or any other amounts due, or to become due, with respect to any indebtedness of the Authority or required to avoid a default with respect to such indebtedness, and (d) all expenses of the Authority relating to the operation and maintenance of the Disposal System, including any required reserves. This amount shall be divided by the tonnage projected to be received to derive and cost per ton to be charged for use of the Disposal System. These charges may be

amended pursuant to the terms and conditions contained herein.

USER AGREEMENT Page | 3

USER AGREEMENT
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ARTICLE III – TERM OF AGREEMENT

This Agreement shall become effective and operations hereunder shall commence

on or about June 1, 2020 or the date on which, in the opinion of the Authority, Phase

I of the Disposal System of the Authority as described in the Plan of Operation is

ready to begin full and continuous handling of the DSW of the User, whichever

first occurs. The Authority shall give the User as much advance notice of the date

on which such operations are to commence as is practicable under the

circumstances. This Agreement shall be binding upon the parties, commencing

upon the execution hereof, and extending for a period of five (5) years, or until such

time as the Authority has defeased or paid the debt incurred in the financing of its

Disposal System, whichever occurs later, Unless written notice of termination is

sent to the other parties to this Agreement not less than 120 days before the

expiration of the initial term hereof, this Agreement shall automatically be extended

upon the same terms and conditions (fees to be adjusted as described in the Plan of

Operation), without further action by the parties, upon the expiration of the initial

term as described hereinabove, for a five (5) year renewal term. In the event this

Agreement is extended for such five (5) year renewal term, the term of this

Agreement may also be extended upon the expiration of such second renewal term

for up to two (2) consecutive five (5) year renewal terms, upon terms and conditions

mutually acceptable to the User and the Authority.

ARTICLE IV – DELIVERY CONDITIONS

The User hereby agrees to deliver or cause to be delivered to the Disposal System

in accordance with the Plan of Operation, substantially all (at least 95 percent per

year) of the DSW which is generated or collected by or within or under the control

of the User from the after the Phase I Start Up Date and throughout the remaining

term of this Agreement. The User will also use its best efforts to enter into

contractual agreements with each locality, generator and commercial hauler of

DSW for their use of the Disposal System.

Subject to the terms and conditions of this Agreement and the Plan of Operation,

the Authority hereby agrees to receive and accept all DSW delivered to the Disposal

ARTICLE Il - TERM OF AGREEMENT

This Agreement shall become effective and operations hereunder shall commence ‘on or about June 1, 2020 or the date on which, in the opinion of the Authority, Phase 1 of the Disposal System of the Authority as described in the Plan of Operation is ready to begin full and continuous handling of the DSW of the User, whichever first occurs. The Authority shall give the User as much advance notice of the date ‘on which such operations are to commence as is practicable under the circumstances. This Agreement shall be binding upon the parties, commencing upon the execution hereof, and extending for a period of five (5) years, or until such. time as the Authority has defeased or paid the debt incurred in the financing of its Disposal System, whichever occurs later, Unless written notice of termination is sent to the other parties to this Agreement not less than 120 days before the expiration of the initial term hereof, this Agreement shall automatically be extended upon the same terms and conditions (fees to be adjusted as described in the Plan of Operation), without further action by the parties, upon the expiration of the initial term as described hereinabove, for a five (5) year renewal term. In the event this Agreement is extended for such five (5) year renewal term, the term of this ‘Agreement may also be extended upon the expiration of such second renewal term for up to two (2) consecutive five (5) year renewal terms, upon terms and conditions

mutually acceptable to the User and the Authority. ARTICLE IV — DELIVERY CONDITIONS

The User hereby agrees to deliver or cause to be delivered to the Disposal System in accordance with the Plan of Operation, substantially all (at least 95 percent per year) of the DSW which is generated or collected by or within or under the control of the User from the after the Phase I Start Up Date and throughout the remaining term of this Agreement. The User will also use its best efforts to enter into contractual agreements with each locality, generator and commercial hauler of DSW for their use of the Disposal System.

Subject to the terms and conditions of this Agreement and the Plan of Operation,

the Authority hereby agrees to receive and accept all DSW delivered to the Disposal

USER AGREEMENT Page | 4

USER AGREEMENT
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System by the User after the Phase I Start Up Date and throughout the remaining

term of this Agreement.

The Authority shall provide one or more Transfer Stations to the User for the

disposal of DSW. The location of all Transfer Stations shall be specified in the Plan

of Operation. The Authority shall have the right to designate a separate point or

points of delivery for any grades or categories of DSW which in its opinion require

special handling or methods of disposal.

The User hereby agrees not build or allow to be built any facilities that would

compete with the Disposal System during the duration of the term of this

Agreement.

ARTICLE V – CHARGES AND FEES FOR USE OF AUTHORUTY DISPOSAL

SYSTEM

The User agrees to pay to the Authority fees as established under fee schedules

adopted by the Authority in accordance with the Act, for the disposal of DSW

delivered to the Disposal System by the User. The Authority may, but is not

obligated to, establish individual fee schedules for various types of users and grades

or categories of DSW which require special handling or methods of disposal. It is

understood between the parties that the Authority may establish a special schedule

of fees, at its sole discretion, for individuals who may deliver Household DSW (as

defined in the Plan of Operation) to the Authority for disposal in a privately owned

automobile or a low side pickup.

The Authority shall invoice the User for the Tipping Fees on a monthly basis

(within them (10) days after the end of the month). Such invoices will show the

total tonnage received by the Authority attributable to the User during the billing

period of all DSW. Such invoices shall be due and payable without offset on the

last day of the billing period following the billing period covered by the invoice.

The DSW delivered to the Disposal System will be weighed for the purpose of

determining the actual tonnage received. Fractions of tons actually received shall

be invoiced on an accumulated basis each month. In the event of inoperation of the

Authority’s weighing scales or other measuring device, an estimate of the amount

System by the User after the Phase I Start Up Date and throughout the remaining term of this Agreement.

The Authority shall provide one or more Transfer Stations to the User for the disposal of DSW. The location of all Transfer Stations shall be specified in the Plan of Operation. The Authority shall have the right to designate a separate point or points of delivery for any grades or categories of DSW which in its opinion require

special handling or methods of disposal.

The User hereby agrees not build or allow to be built any facilities that would compete with the Disposal System during the duration of the term of this

Agreement.

ARTICLE V —- CHARGES AND FEES FOR USE OF AUTHORUTY DISPOSAL.

SYSTEM

‘The User agrees to pay to the Authority fees as established under fee schedules adopted by the Authority in accordance with the Act, for the disposal of DSW delivered to the Disposal System by the User. The Authority may, but is not obligated to, establish individual fee schedules for various types of users and grades or categories of DSW which require special handling or methods of disposal. It is understood between the parties that the Authority may establish a special schedule of fees, at its sole discretion, for individuals who may deliver Household DSW (as defined in the Plan of Operation) to the Authority for disposal in a privately owned automobile or a low side pickup.

The Authority shall invoice the User for the Tipping Fees on a monthly basis (within them (10) days after the end of the month). Such invoices will show the total tonnage received by the Authority attributable to the User during the billing period of all DSW. Such invoices shall be due and payable without offset on the last day of the billing period following the billing period covered by the invoice. The DSW delivered to the Disposal System will be weighed for the purpose of determining the actual tonnage received. Fractions of tons actually received shall be invoiced on an accumulated basis each month. In the event of inoperation of the

Authority’s weighing scales or other measuring device, an estimate of the amount

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of DSW received will be computed based on the average amount received per

vehicle, when dumping records for such vehicle for he sixe (6) months immediately

preceding are available, or when such records are not available, will be computed

based on the average amount received per vehicle of like size and/or compaction

ratio.

The Authority shall determine its fees for any given operating year based on the

factors specified in the Act together with the Authority’s projection and total

tonnage. Such fees so determined shall be modified (1) to correct a material error

in calculation or projections, (2) to prevent a default in the payment of the principal

or the premium, if any, or interest on or any other amounts due, or be become due,

with respect to any indebtedness of the Authority, or (3) to prevent a default under

any resolution, trust indenture, trust agreement or other agreement authorizing or

securing indebtedness of the Authority. Such fees may be modified to provide for

an alternative landfill site or to correct a non-material error in calculation or

projections. In addition, notwithstanding any contrary provision of this Agreement,

the Authority shall revise its charges as often as may be necessary so as to produce

revenues sufficient at all times to ensure timely payment of the cost of operation

and maintenance of the Disposal System, and debt service on its indebtedness.

In the event the total tons of DSW delivered to the Authority’s disposal System

during any operating period do not meet its projections or fess and income to the

Authority are insufficient to meet its budgetary and financial requirements,

including payment of all amounts due under or compliance with any terms of any

resolution, trust indenture, trust agreement or other agreement authorizing or

securing indebtedness of the Authority, and obligations, or to prevent a default

thereon, the Authority shall compute the sums per ton required to make up the

deficit or comply with such terms, and the User shall be assessed the amount so

determined for each ton of DSW delivered thereafter to the Authority for disposal.

ARTICLE VI – TITLE TO SOLID WASTE; LIABILITY FOR SOLID WASTE

Title to all DSW delivered to the Disposal System by the User shall pass to the

Authority when recorded by the Authority’s weighing scales or other measuring

devices at the Authority’s facilities, EXCEPT that title to Hazardous Waste and

of DSW received will be computed based on the average amount received per vehicle, when dumping records for such vehicle for he sixe (6) months immediately preceding are available, or when such records are not available, will be computed based on the average amount received per vehicle of like size and/or compaction ratio.

The Authority shall determine its fees for any given operating year based on the factors specified in the Act together with the Authority’s projection and total tonnage. Such fees so determined shall be modified (1) to correct a material error in calculation or projections, (2) to prevent a default in the payment of the principal or the premium, if any, or interest on or any other amounts due, or be become due, with respect to any indebtedness of the Authority, or (3) to prevent a default under any resolution, trust indenture, trust agreement or other agreement authorizing or securing indebtedness of the Authority. Such fees may be modified to provide for an alternative landfill site or to correct a non-material error in calculation or projections. In addition, notwithstanding any contrary provision of this Agreement, the Authority shall revise its charges as often as may be necessary so as to produce revenues sufficient at all times to ensure timely payment of the cost of operation and maintenance of the Disposal System, and debt service on its indebtedness.
In the event the total tons of DSW delivered to the Authority’s disposal System during any operating period do not meet its projections or fess and income to the Authority are insufficient to meet its budgetary and financial requirements, including payment of all amounts due under or compliance with any terms of any resolution, trust indenture, trust agreement or other agreement authorizing or securing indebtedness of the Authority, and obligations, or to prevent a default thereon, the Authority shall compute the sums per ton required to make up the deficit or comply with such terms, and the User shall be assessed the amount so

determined for each ton of DSW delivered thereafter to the Authority for disposal. ARTICLE VI - TITLE TO SOLID WASTE; LIABILITY FOR SOLID WASTE

Title to all DSW delivered to the Disposal System by the User shall pass to the ‘Authority when recorded by the Authority’s weighing scales or other measuring devices at the Authority’s facilities, EXCEPT that title to Hazardous Waste and

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Non-Conforming Waste shall not vest or pass to the Authority even if Hazardous

Waste and Non-Conforming Waste is delivered to and unknowingly accepted by

the Authority. Inoperability or unavailability of the Authority’s measuring devices

shall not alter the transfer of title to DSW delivered to and accepted by the

Authority. The User further agrees to join with the Authority in defense of any

adverse claim to ownership of DSW.

In the event that Hazardous Waste is inadvertently or unknowingly delivered to

and/or accepted by the Authority, it is understood and agreed between the parties

that liability for any environmental contamination, adverse affects, penalties or

damages resulting from, and necessary costs of correction, shall be imposed upon

the User. To the extent permitted by law the Authority shall be indemnified and

save harmless by the User from and against liability with results from said

Hazardous Waste delivery and acceptance.

To the extent permitted by law the Authority will indemnify and save harmless the

User from and against any and all suits, actions, legal proceedings, claims,

demands, damages, costs, expenses, and reasonable attorney’s fees incurred by the

User to the extent that such result from (a) any breach by the Authority of any of

its agreements hereunder, and (b) any negligent act or omission of the Authority,

its employees or agents in the performance of services under this Agreement;

provided, however, that the Authority shall not be so obligated to the extent that

such result from any negligent or intentional act or omission of the User or of any

of its officers, agents, servants, employees, or contractors or to the extent that such

results from any breach by the User of its agreements hereunder.

To the extent permitted by law the User will indemnify and save harmless the

Authority from and against any and all suits, actions, legal proceedings, claims,

demands, damages, costs, expenses, and reasonable attorney’s fees incurred by the

Authority to the extent that such result from (a) any breach by the User of any of

its agreements hereunder, and (b) any negligent act or omission of the User, its

employees or agents in the performance of services under this Agreement;

provided, however, that the User shall not be so obligated to the extent that such

result from any negligent or intentional act or omission of the Authority or of any

Non-Conforming Waste shall not vest or pass to the Authority even if Hazardous Waste and Non-Conforming Waste is delivered to and unknowingly accepted by the Authority. Inoperability or unavailability of the Authority’s measuring devices shall not alter the transfer of title to DSW delivered to and accepted by the Authority. The User further agrees to join with the Authority in defense of any adverse claim to ownership of DSW.

In the event that Hazardous Waste is inadvertently or unknowingly delivered to and/or accepted by the Authority, it is understood and agreed between the parties that liability for any environmental contamination, adverse affects, penalties or damages resulting from, and necessary costs of correction, shall be imposed upon the User. To the extent permitted by law the Authority shall be indemnified and save harmless by the User from and against liability with results from said Hazardous Waste delivery and acceptance.

To the extent permitted by law the Authority will indemnify and save harmless the User from and against any and all suits, actions, legal proceedings, claims, demands, damages, costs, expenses, and reasonable attorney’s fees incurred by the User to the extent that such result from (a) any breach by the Authority of any of its agreements hereunder, and (b) any negligent act or omission of the Authority, its employees or agents in the performance of services under this Agreement; provided, however, that the Authority shall not be so obligated to the extent that such result from any negligent or intentional act or omission of the User or of any of its officers, agents, servants, employees, or contractors or to the extent that such results from any breach by the User of its agreements hereunder.

To the extent permitted by law the User will indemnify and save harmless the Authority from and against any and all suits, actions, legal proceedings, claims, demands, damages, costs, expenses, and reasonable attorney’s fees incurred by the ‘Authority to the extent that such result from (a) any breach by the User of any of its agreements hereunder, and (b) any negligent act or omission of the User, its employees or agents in the performance of services under this Agreement; provided, however, that the User shall not be so obligated to the extent that such

result from any negligent or intentional act or omission of the Authority or of any

USER AGREEMENT Page | 7

USER AGREEMENT
Page | 8

of its officers, agents, servants, employees or contractors or to the extent that such

results from any breach by the Authority of its agreements hereunder.

ARTICLE VII – DEFAULT

In the event of default, hereunder, the nondefaulting party shall have the right, but

not the obligation, to cure such default and to charge the defaulting party for the

cost of curing said default, and to obtain reimbursement thereof.

Upon the occurrence of a default by the Authority hereunder, any User, after giving

notice of such default to all parties, may bring suit by mandamus or other

appropriate proceeding to require the Authority to perform its duties under the Act

and this Agreement or to enjoin any acts in violation of the Act or this Agreement.

Upon the occurrence of a default by a User, the Authority, after giving notice of

such default to all parties, may bring suite by mandamus or other appropriate

proceeding to require the User to perform its duties under the Act and this

Agreement or to enjoin any acts in violation of the Act or this Agreement.

No remedy in this Agreement conferred upon or reserved to the parties is intended

to be exclusive or any other remedy, and each remedy is cumulative and in addition

to every other remedy given under this Agreement or now or hereafter existing at

law, in equity or by stature.

ARTICLE VIII – NO PARTNERSHIP

Nothing herein shall be construed to constitute a joint venture between the

Authority and the User or the formation of a partnership.

ARTICLE IX – FORCE MAJEURE

Failure of any party to perform hereunder, including failure of the User to deliver

or cause to be delivered DSW, and inability of the Authority to accept DSW, by

reason of Force Majeure (as defined in the Plan of Operation) shall not constitute a

default or be cause for termination of this Agreement. However, the party so failing

to perform shall immediately notify the other party of the failure, including reasons

thereof, and shall make reasonable efforts to correct such failure to perform at the

earliest possible date.

of its officers, agents, servants, employees or contractors or to the extent that such

results from any breach by the Authority of its agreements hereunder. ARTICLE VII - DEFAULT

In the event of default, hereunder, the nondefaulting party shall have the right, but not the obligation, to cure such default and to charge the defaulting party for the cost of curing said default, and to obtain reimbursement thereof.

Upon the occurrence of a default by the Authority hereunder, any User, after giving notice of such default to all parties, may bring suit by mandamus or other appropriate proceeding to require the Authority to perform its duties under the Act and this Agreement or to enjoin any acts in violation of the Act or this Agreement.

Upon the occurrence of a default by a User, the Authority, after giving notice of such default to all parties, may bring suite by mandamus or other appropriate proceeding to require the User to perform its duties under the Act and this Agreement or to enjoin any acts in violation of the Act or this Agreement.

No remedy in this Agreement conferred upon or reserved to the parties is intended to be exclusive or any other remedy, and each remedy is cumulative and in addition to every other remedy given under this Agreement or now or hereafter existing at

law, in equity or by stature. ARTICLE VIII —- NO PARTNERSHIP

Nothing herein shall be construed to constitute a joint venture between the

Authority and the User or the formation of a partnership. ARTICLE IX — FORCE MAJEURE

Failure of any party to perform hereunder, including failure of the User to deliver or cause to be delivered DSW, and inability of the Authority to accept DSW, by reason of Force Majeure (as defined in the Plan of Operation) shall not constitute a default or be cause for termination of this Agreement. However, the party so failing to perform shall immediately notify the other party of the failure, including reasons thereof, and shall make reasonable efforts to correct such failure to perform at the

earliest possible date.

USER AGREEMENT Page | 8

USER AGREEMENT
Page | 9

If, by reason of Force Majeure, the Authority cannot accept DSW at the Transfer

Station located within the User’s region, the Authority shall immediately provide

for and notify the User of an alternate delivery points(s).

Solely in the event that no facilities of the Authority are available for disposal of

DSW the User shall have the right, but not the obligation, to dispose of or cause to

be disposed of DSW at locations other than the Transfer Station located within the

User’s region until the cause of the Authority’s inability to accept he User’s DSW

is cured, but not thereafter.

ARTICLE X – EXTENT OF AGREEMENT

This Agreement, together with the Plan of Operation, represents the entire

agreement between the parties hereto and supersedes all prior negotiations,

representations or agreements, either written or oral. This Agreement shall not be

modified, altered or amended unless in writing and signed by the parties.

ARTICLE XI – ARBITRATION

All claims, disputes and other matters in question relating to this Agreement or the

breach thereof shall be decided by arbitration in Russell County, Virginia or at such

other place as the parties agree, in accordance with the rules of the American

Arbitration Association then obtaining. This agreement to arbitrate shall be

specifically enforceable under prevailing arbitration law.

Notice of the demand for arbitration shall be filed in writing with the other party to

this Agreement and with the American Arbitration Association. The demand shall

be made within a reasonable time after the claim, dispute, or other matter in

question has arisen. In no event shall a demand for arbitration be made after the

applicable statute of limitations would bar institution of legal or equitable

proceedings based on such claim, dispute or other matter in question.

The award at such arbitration shall be final, and judgement may be entered thereon

by a court of competent jurisdiction.

If, by reason of Force Majeure, the Authority cannot accept DSW at the Transfer Station located within the User’s region, the Authority shall immediately provide for and notify the User of an alternate delivery points(s).

Solely in the event that no facilities of the Authority are available for disposal of DSW the User shall have the right, but not the obligation, to dispose of or cause to be disposed of DSW at locations other than the Transfer Station located within the User’s region until the cause of the Authority’s inability to accept he User’s DSW

is cured, but not thereafter. ARTICLE X - EXTENT OF AGREEMENT

This Agreement, together with the Plan of Operation, represents the entire agreement between the parties hereto and supersedes all prior negotiations, representations or agreements, either written or oral. This Agreement shall not be

modified, altered or amended unless in writing and signed by the parties. ARTICLE XI - ARBITRATION

All claims, disputes and other matters in question relating to this Agreement or the breach thereof shall be decided by arbitration in Russell County, Virginia or at such other place as the parties agree, in accordance with the rules of the American Arbitration Association then obtaining, This agreement to arbitrate shall be specifically enforceable under prevailing arbitration law.

Notice of the demand for arbitration shall be filed in writing with the other party to this Agreement and with the American Arbitration Association. The demand shall be made within a reasonable time after the claim, dispute, or other matter in question has arisen, In no event shall a demand for arbitration be made after the applicable statute of limitations would bar institution of legal or equitable proceedings based on such claim, dispute or other matter in question.

‘The award at such arbitration shall be final, and judgement may be entered thereon

by a court of competent jurisdiction.

USER AGREEMENT Page | 9

USER AGREEMENT
Page | 10

ARTICLE XII – GENERAL

In the event that any provisions of this Agreement shall be held to be invalid, the

remaining provisions shall be valid and binding upon the parties.

One or more waivers by either party hereto of performance of any obligation and/or

covenant hereunder shall not be construed as a waiver of subsequent breach of any

obligation and/or covenant.

Neither the User nor the Authority shall delegate or assign its duties under this

Agreement without the written consent of the other.

The construction and performance of this Agreement shall be in accordance with

the laws of the Commonwealth of Virginia.

Any notices hereunder shall be in writing addressed to the party as set forth below

or at such other address as may be designated in writing to the other parties hereto.

IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be properly

executed and attested by duly authorized officials as of this the day of , 2020.

Cumberland Plateau Regional Waste Management Authority

By (SEAL) CPRWMA Chairman,
P.O. Box 386 Lebanon, Virginia 24266 Telephone: (276) 883-5403

ATTEST:

       (SEAL)

CPRWMA Secretary, Earl Rife

ARTICLE XII —GENERAL

In the event that any provisions of this Agreement shall be held to be invalid, the remaining provisions shalll be valid and binding upon the parties.

One or more waivers by either party hereto of performance of any obligation and/or covenant hereunder shall not be construed as a waiver of subsequent breach of any

obligation and/or covenant.

. Neither the User nor the Authority shall delegate or assign its duties under this

Agreement without the written consent of the other.

The construction and performance of this Agreement shall be in accordance with

the laws of the Commonwealth of Virg Any notices hereunder shall be in writing addressed to the party as set forth below

or at such other address as may be designated in writing to the other parties hereto.

IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be properly

executed and attested by duly authorized officials as of this the dayof_____, 2020.

ATTEST:

Cumberland Plateau Regional Waste Management Authority

By, (SEAL) ‘CPRWMA Chairman, P.O. Box 386 Lebanon, Virginia 24266 Telephone: (276) 883-5403

(SEAL)

CPRWMA Secretary, Earl Rife

USER AGREEMENT Page | 10

USER AGREEMENT
Page | 11

County of Russell County, Virginia

By         (SEAL) 
  Chairman, Russell County Board of Supervisors 
      137 Highland Drive 
      Lebanon, Virginia 24266

Telephone: (276) 889-8000 Fax: (276) 889-8011

ATTEST:

     (SEAL)

County Administrator, Russell County Board of Supervisors

ATTEST:

     (SEAL)

County Attorney, Russell County Board of Supervisors

Subscribed and acknowledged to before me by Chairman of Cumberland Plateau Regional

Waste Management Authority this the ____________day of ____________, 2020.

My Commission expires: __________________________.

My Registration number:__________________________.

NOTARY PUBLIC

STATE OF VIRGINIA, AT LARGE, to-wit:

Subscribed and acknowledged to before me by the Chairman of the Russell County

Board of Supervisors this the _____________ day of _____________, 2020.

My Commission expires: __________________________.

My Registration number:__________________________.

   ________________________

County of Russell County, Virginia

By (SEAL)

Chairman, Russell County Board of Supervisors 137 Highland Drive Lebanon, Virginia 24266 Telephone: (276) 889-8000 Fax: (276) 889-8011

ATTEST:

(SEAL)

County Administrator, Russell County Board of Supervisors

ATTEST: (SEAL)

County Attorney, Russell County Board of Supervisors

Subscribed and acknowledged to before me by Chairman of Cumberland Plateau Regional

‘Waste Management Authority this the day of , 2020.

My Commission expires:

My Registration number:

NOTARY PUBLIC

STATE OF VIRGINIA, AT LARGE, to-wit:

Subscribed and acknowledged to before me by the Chairman of the Russell County

Board of Supervisors this the day of 2020.

My Commission expires:

My Registration number:

USER AGREEMENT Page | 11

USER AGREEMENT
Page | 12

   NOTARY PUBLIC

STATE OF VIRGINIA, AT LARGE, to-wit:

Subscribed and acknowledged to before me by the County Administrator for

Russell County, Virginia, this the day of,__ , 2020.

My Commission expires:__________________________.

My Registration number:__________________________.

   __________________________ 

   NOTARY PUBLIC

STATE OF VIRGINIA, AT LARGE, to-wit:

Subscribed and acknowledged to before me by the Deputy County Attorney

for Russell County, Virginia, this __________day of , 2020.

My Commission expires:__________________________.

My Registration number:__________________________.

  ______________________________ 

   NOTARY PUBLIC

NOTARY PUBLIC

STATE OF VIRGINIA, AT LARGE, to-wit:

Subscribed and acknowledged to before me by the County Administrator for Russell County, Virginia, this the day of, 2020.

My Commission expires:

My Registration number:

NOTARY PUBLIC

STATE OF VIRGINIA, AT LARGE, to-wit:

Subscribed and acknowledged to before me by the Deputy County Attorney for Russell County, Virginia, this day of 2020.

My Commission expires:

My Registration number:

NOTARY PUBLIC

USER AGREEMENT Page | 12

Board of Supervisors Action Item C-1 – C-8 137 Highland Drive Presenter: Administrator

Lebanon, VA 24266

               Meeting: 5/4/20         6:00 PM

County Administrator Reports & Requests The County Administrator Reports & Request for May 2020:

REPORTS

RC Landfill 258 & 515 Groundwater/Gas Closures…………………………………C-1

REQUESTS

CDBG Planning Grant – Cleveland Sewer Treatment Plant Upgrade…….……C-2
VT CDAC Letter of Confirmation for U.S. Environmental Protection

Agency’s (EPA) Brownfields Assessment Grant……………………………………C-3

Russell County Sheriff & Washington County Sheriff Mutual Aid and
Cooperation Agreement for Law Enforcement Services (2020-2023)………….C-4
Russell County Sheriff & Buchanan County Sheriff Mutual Aid and

Cooperation Agreement for Law Enforcement Services (2020-2023)………….C-5

CPRHA Five-Year Action Plan & Annual Environmental Review Plan…………C-6
Lebanon Elementary School Wall Repair Contract .………………………………C-7
Honaker School Property Transfer Public Hearing…………………………………C-8

STAFF RECOMMENDATION(s): Board Discretion.

SUGGESTED MOTION(s): Board Discretion.

ATTACHMENTS:

• Various

Russell County Government Center 137 Highland Drive · Lebanon, Virginia 24266 · (276) 889-8000 · Fax (276) 889-8011

www.russellcountyva.us

http://www.russellcountyva.us/ http://www.russellcountyva.us/ Board of Supervisors Action Item C-1 - C-8

137 Highland Drive Presenter: Administrator Lebanon, VA 24266

Meeting: 5/4/20 6:00 PM

County Administrator Reports & Requests

The County Administrator Reports & Request for May 2020:

REPORTS

RC Landfill 258 & 515 Groundwater/Gas Closures.

REQUESTS

CDBG Planning Grant - Cleveland Sewer Treatment Plant Upgrade…
VT CDAC Letter of Confirmation for U.S. Environmental Protection Agency’s (EPA) Brownfields Assessment Grant.
Russell County Sheriff & Washington County Sheriff Mutual Aid and Cooperation Agreement for Law Enforcement Services (2020-2023).
Russell County Sheriff & Buchanan County Sheriff Mutual Aid and Cooperation Agreement for Law Enforcement Services (2020-2023).
CPRHA Five-Year Action Plan & Annual Environmental Review Plan
Lebanon Elementary School Wall Repair Contract …
Honaker School Property Transfer Public Hearing.

STAFF RECOMMENDATION(s): Board Discretion,

SUGGESTED MOTION(s): Board Discretion.

ATTACHMENTS:

Various

Russell County Government Center 137 Highland Drive - Lebanon, Virginia 24266 - (276) 889-8000 - Fax (276) 889-8011 www. russellcountyva.us

BUCHANAN COUNTY:

Mr. Earl Rife Mr. Trey Adkins.

CUMBERLAND PLATEAU RWMA: Mr. Andrew Chafin, RWMA Representative

Mr. Toby F. Edwards, Director of Waste Management Services

CUMBERLAND PLATEAU

DICKENSON COUNTY:

Mr. Damon Rasnick Mr. Ronald Peters.

RUSSELL COUNTY:

Mr, David Eaton Mr. Tim Lovelace

March 26, 2020

Mr. John D. Surber, Jr. Groundwater Remediation Specialist

Virginia Department of Environmental Quality Southwest Regional Office 355 Deadmore Street

P.O. Box 1688

Abingdon, Virginia 24212

Re: Russell County Closed Landfill 258 and 515 Groundwater/Gas Closure

Dear Mr. Surber:

On November 20, 2019 I notified Mr. Daniel P. Scott that Russell County would be closing the DEQ approved gas and groundwater monitoring wells as the Closed 258 and 515 Landfills. To give you some background, in 2014 VA DEQ approved Russell County with a partial termination on both their 258 and 515 landfills. To assist Russell County, the Cumberland Plateau Regional Waste Management Authority contracted with Barton Well Drilling to perform the well abandonments. On December 19-20, 2019 Barton’s Well Drilling conducted the well closures. Russell County’s Engineering firm of Draper Aden Associates assisted us during the closure and prepared a report-see attached report. Barton’s Well Drilling used a cement grout containing 3% bentonite mixture for sealing the monitoring wells. In addition to Draper Aden Associates staff being present during the event, Mr. Brian Ferguson (Russell County Solid Waste Director) and me were onsite.

On behalf of the Cumberland Plateau Regional Waste Management Authority I want to personally thank you and Mr. Dan Scott for the assistants during this process. As you know, this partial closure will save Russell County thousands of dollars in post closure care monitoring. Mr. Scott, in my opinion went above and beyond to help both me and the county’s engineers during

this process-in both 2013 and 2020. Mr, Scott should be commended for his due diligence and 137 Highland Drive / P.O. Box 386 Lebanon, VA 24266

Phone 276-698-9414 FAX 276-889-8011 www.cprwma.com

his desire to help us with completing our Post Closure Care Termination.

Again, I want to thank you and Mr. Dan Scott for the assistance with our request for Post Closure Care Termination in Russell County. If you have any questions please feel free to call me, Mr. Brian Ferguson 276-889-8000 or Mr. Will Mason-Deese 540-552-0444.

Sincerely, )

Toby F. Edwakds, Executive Director CPRWMA

Ce: Mr. Daniel P. Scott, VA DEQ

Ce: Mr. Brian Ferguson, Russell County Solid Waste Director Cc: Mr. Lonzo Lester, Russell County Administrator

Ce: Mr. Damon Rasnick, CPRWMA Chairman

Ce: Mr. Will Mason-Deese, Draper Aden Associates

a Draper Aden Associates

SP Heinering « Survesing + Environmental Services

2206 South Main Steet Blacksburg, Virginia 24060 540.552.0444 www.daa.com

Well Abandonment Report

DATE: March 24, 2020 To: John Surber, VDEQ-SWRO ce: Lonzo Lester, County Administrator, Russell County

Brian Ferguson, Russell County Toby Edwards, Director of Waste Management Services, CPPDC Sri Nathella, P.E., DAA Dan Manweiler, Groundwater Manager, VDEQ-SWRO

FROM: Will Mason-Deese, Project Geologist, Draper Aden Associates

LOCATION: Closed Russell County Landfill, Permit Nos. 258 and 515

SUBJECT: Notification of Groundwater Well and Gas Probe Abandonment Draper Aden Associates Project No. B13159B-01

Driller Performing abandonment: _ Barton Drilling and Pump Service, Lebanon, Virginia

Well Abandonment Comments:

‘On December 19-20, 2019, Russell County completed their planned abandonment of monitoring wells MW-2 and MW-3 and abandonment of gas boundary probes BP-1 through BP-4 at the Closed Russell County Landfill, Permit No. 515, as well as, abandonment of gas boundary probes BP-5 through BP-9 at the Closed Russell County Landfill, Permit No. 258.

The Permit No. 515 landfill received approval from Virginia Department of Environmental Quality (VDEQ) to terminate post-closure care activities, including groundwater and gas monitoring, in December 2014. The Permit No. 258 landfill received approval from VDEQ to terminate post-closure care gas monitoring in 2014

Russell County had previously notified VDEQ of their intent to abandon monitoring wells MW-2 and MW-3 and gas boundary probes BP-1 through BP-9 in correspondence with VDEQ. The monitoring wells and gas boundary probes were subsequently abandoned in accordance with applicable VDEQ/Virginia Department of Health guidelines (12VAC-630-450).

Barton Drilling and Well Service personnel performed the well abandonment field procedures, (On behalf of Russell County, Draper Aden Associates (DAA) personnel coordinated, observed and documented the well abandonment.

Blackshurg + Charlottesville + Manassas + Newport News + Rickmoud + Virginia Beach Fayetteville » Raleigh

Attachment 1 Field Notes

PHOTOGRAPH 2. View of groundwater monitoring well MW-3 with cement surface plug,

Draper Aden Associates

Engineering u Surveying 0 Environmental Services

a —4

Closed Russell County Landfill Permit Nos. 258 &

Russell County, Virginia Draper Aden Associates JN: B13159B-01

PHOTOGRAPH 5. View of gas boundary probe BP-1 with surface completion removed. Concrete pad was removed and steel riser and probe casing cut at the surface. Representative of

abandonment procedures at all gas boundary probes.

PHOTOGRAPH 6, View of gas boundary probe BP-1 with cement surface plug. Representative of abandonment procedures at all gas boundary probes.

Closed Russell County Landfill Draper Aden Associates Permit Nos. 258 & 515

Engineeting 6 Surveying a Environmental Services Russell County, Virginia Draper Aden Associates JN: B13159B-01

7 1

MONITORING WELL/PIEZOMETER CONSTRUCTION SCHEMATIC

141.4"

SAND BACKFILL ——}ii==

20.0!

SCREEN ___H (@.01" stor size)

CLIENT: RUSSELL COUNTY SANITARY LANDFILL LOCATION:, SEE SITE MAP B-@ PROJ. No.z 155 TD No.3 MW-2 DIAL: 2" I.p, DEPTH: 141.4! STEEL CASING_____J WOH. 2398.02 2.40 GROUND EL. 2395.62 CEMENT GROUT fy] SOIL & VOLCLAY GROUT _packrri, —| (TYPE) 112.5! BENTONITE SEAL Tot

jowny eo jl! s= Gee mwee E br CLAY en | bs | | | [ “| 48.5] ———-+ | r Brown CLAY wigh manganese & chert, | S50} moist | oe Le 53.5 | Brownish-red CLAY with chert & som FB 55.0 | —2=2i=}3_| sand, wee E 58.5 : H Le 3315 Stopped] Brown CLAY with chert; wet; oe es) os Hf NOTE: Augers leading off | NE 63.5 65} 65.0 Ditto. ie 68.5 |———_} a mie 2 Se11-20 [Brown CLAY with quartz fragments, Re tees 70.0 | 20 | || i) - 73.5 |—-~-~-“Io recovery; Auger Refusal @ 78.0”, Bb 75.0 set casing to 77.0’, Begin coring ¢ g . 77.6" d 5 77.6 : r Pia Light gray DOLOMITE, moderately fre eof boosted a‘ r=9,2" fured, slightly weathered Fr ReB.6" F 170.6! A ast , fa 86.9 5 Joitto 90h 89.6 F | L H = z pitto : i Peers a 94.2 gi pitto g CLAY can PES Re1.9’ [Dolomite 98,5’ - 98, 109" + (continued) 5 2 R=1,6" I-0.3|Clay 98.8" - 100.4! No, of Blows Required to Din 0.0. 1375"1.0, Sampler 6” TERROCK CORPORATION Using 1404p. Harmer, 30" Fal : mer

core Recover Pera a angio Ori Rn Nakngdon, Virginia

—

MONTTORING WELL/PIEZOMETER CONSTRUCTION SCHEMATIC

CLIENT: RUSSELL COUNTY SANITARY LANDFILL LOCATION: SEE SITE MAP PROJ. No.t 155 1D Now: B=3/Mil=-3_ DIA.: 2" Tp. DEPTH: 6." Toc , STEEL CASING, 2367.44 1,239 GROUND EL, 2366.21! CEMENT GROUT 2,5! CEMENT GROUT BACKFILL ————_1,. (TYPE) 63.8"

BENTONITE SEAL

SAND BACKFILL ——

SCREEN —_| (0.01" sor size)

10.0"

powiiet see as oy [Deon Stratum Deterlption ‘Benth [ covrRecvery* | WWW="<__ Serote Description a ; ; >

As above : 5 49,0]! Brown sandy CLAY with sand: BO 50.0]—HOP | chert fragitente, saturated ©"? FE $4/o[HOEL—] pitto, sone rock fragnents 55— Pe) Oe + me

[etal tant tate jetctatar

Gray LIMESTONE, top is …” severely fractured, becomes sourider with depth

rs Tota alae

59.0

60.0|——2-2

64.5 65.0

67.3

75.8

988

RD = 80%

86.0

Boring terminated @ 86.0 ft

pater

Brown & black sandy CLAY, saturat

Brown CLAY, saturated/Dark gray I

Be weathered, lg Beverely red, fractu

Set casing to 66.7’, tri-coned to 67.3%, Started MW obring 6 Gea

Gray LIMESTONE, fine grained, mod ately hard to herds ‘obversly’ free ured 67,3" - 69,5’‘& 73,5! = 75,8 moderately ‘fractured 69,5’ = 73.5 high angle joint, some dron-stain silt-coated about 71.1" Block = water return complete run No water return on re-entering

Gray LIMESTONE as above, slightly fractured, chert nodules @ 76’t) near horizontal bedding, weathere: bedding planes; occasional high ai Joint; zone of clasts from 83,2" 84.1", several caloite-headed frac eet water back to 1’ below top ¢ 81,0!

“wor - Height of tools

‘Using 1404b, Harmer, 30" Fall

ora Recovery as Percent of Langth of Ocil Run.

“No, of Blows Required to Driva 2” 0.0, 1475" 1.D, Sampler 6”

RL Sutherland, jr. RLS

GEOTECHNICAL ENGINEER

LeGeNo

wh?

ews

aire

ome

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‘SITE PLAN

RUSSELL COUNTY LANDFILL RUSSELL COUNTY. VIRGINIA

SCALE: 1-500"

PLAN NO. B131508.0%

FIGURE

From: Jim Baldwin To: [email protected] Cc: “Jennifer Chumbley”; “Debbie Milton” Subject: FW: Date: Friday, May 1, 2020 11:10:54 AM Attachments: 20200430144738518.pdf

Lonzo- I haven’t gotten any feedback on the Planning Grant application, so I think it’s good to put before your Board on Monday. Call if you have any questions. Jim

From: Jim Baldwin [mailto:[email protected]] Sent: Thursday, April 30, 2020 2:55 PM To: ‘Jennifer Chumbley’ [email protected]; ‘[email protected]’ [email protected]; ‘Weaver, Matt’ [email protected]; ‘Blevins, Joe’ [email protected]; ‘Keene, Willard’ [email protected]; ‘Spencer, William’ [email protected]; ‘Jeffrey Hurst’ [email protected]; ‘Katie Patton’ [email protected]; ‘Debbie Milton’ [email protected]; ‘[email protected]’ [email protected] Cc: ‘rebecca.dye’ [email protected]; ‘steve.breeding’ [email protected] Subject: FW:

All- Here is the revised CDBG Planning grant application that the Russell County BofS will consider at their meeting this coming Monday evening. If you have any changes or suggestions, let me know asap and I’ll get them to Lonzo.

For Brian’s information, it was decided that an Urgent Need CDBG application was not the best route to go, so the Declaration from the State Health Commissioner is not needed. Also, it is hoped that other sources of funding for the immediate need for pump and haul will be identified. Bill Spencer is tracking down some possibilities.

Let me know if there is anything we can do to assist you in this effort.

Jim

mailto:[email protected] mailto:[email protected] mailto:[email protected] mailto:[email protected]

Application to DHCD Submitted through CAMS

County of Russell, Virginia Cleveland Sewer System PER

Application ID: 72604242020092716 Application Status: Incomplete Program Name: CDBG Planning Grants - 2020

Organization Name: County of Russell, Virginia

Organization Address: 137 Highland Dr. Lebanon, VA 24266-7169

Profile Manager Name: Vicki Porter Profile Manager Phone: (276) 889-8000 Profile Manager Email: [email protected]

Project Name: Cleveland Sewer System PER Project Contact Name: Lonzo Lester

Project Contact Phone: (276) 889-8000

Project Contact Email: [email protected]

Project Locati 137 Highlands Drive

Lebanon, VA 24266-7169

Project Service Area: Russell County, Cleveland Town

Total Requested Amount:

Required Annual Audit Status: Accepted

4/30/2020 2:08:55 PM Pages: 1

Application to DHCD Submitted through CAMS

County of Russell, Virginia

Cleveland Sewer System PER

Budget Information:

Cost/Activity Category DHCD Request Other Funding Tot: Planning Grant Activities $0.00 $0.00 $0.4 Other $0.00 $0.00 $0.0 Total: $0.00 $0.00 $0.0 Budget Narrative

Questions and Responses:

‘The information below only refers to the narrative requirements for a proposal Please refer to the CDBG Program Design for further information on Virginia’s overall program objectives policies and priorities, overarching requirements, program specific requirements, and CDBG National objectives and requirements. Contact DHCD with any questions.

A locality interested in obtaining Planning Grant assistance must submit a pre-planning application providing a brief description of the project area and the community development needs in this area, a discussion of the locality’s and project area’s readiness and capacity t proceed with a participatory planning process, and some justification for why Planning Grant funding is needed. DHCD will review the locality’s response to the pre-planning application questions and if no additional information is required will assigned initial activities which must be completed in order for planning grant funds to be awarded.

DHCD will generally respond in writing within 30 calendar days and authorize up to 10% in funding to cover expenses incurred during

the pre-planning process. ‘These expenses are reimbursable upon execution of the planning grant contract. In the event, the planning gra initial activities are completed and the planning process does not progress any further, the locality is still eligible to received up to 10% 1 reimbursable expenses incurred.

NEEDS AND OPPORTUNITIES

Describe the needs and opportunities that the locality intends to address with CDBG Planning Grant funding. How does the locality know about this need? Include as much detail as is currently known (prior to examining this need further using Planning Grant funding)

Answer:

This CDBG Planning Grant will address the need for a Preliminary Engineering Report (PER) to determine t] long-term solution for providing an adequate sewage treatment system for the Town of Cleveland. The Town’sS1 was the victim of a catastrophic event on April 6, 2020, which literally lifted the plant out of the ground causing : imminent threat of raw sewage emptying into the nearby Clinch River. The Virginia Department of Health (VDI and the Department of Environmental Quality (DEQ) have been working with the Town, Russell County and # Cumberland Plateau Planning District Commission to provide limited emergency funding for either a “quick fi at the plant or for pump and haul services to prevent an environmental disaster.

Subsequent recent heavy rains have further damaged the STP, practically ruling out the “quick fix” option. T need for a PER for a long term regional fix is now paramount and necessary for the eventual CDBG application f construction funding that could fall under CDBG’s Regional Water/Wastewater project type

4/30/2020 2:41:14 PM Pages: 2

Application to DHCD Submitted through CAMS

County of Russell, Virginia Cleveland Sewer System PER

NEEDS AND OPPORTUNITIES

Is there a lack of or gap in the availability of one or more basic community attributes or services found in comparable communities? Does the missing attribute or service directly affect low- and moderate-income persons? Does the missing attribute relate to blighting conditions?

Answer:

The Town of Cleveland is an LMI Community and is unable to address this critical need due to lack of financi resources. The Russell County Board of Supervisors has agreed to be the fiduciary for the CDBG application f the project, but is likewise unable to fund it. Russell County is an At-Risk County in the ARC Program.

3, NEEDS AND OPPORTUNITIES

3, Is there a certain condition in place that if addressed, will provide an opportunity for growth, revitalization, or economic restructuring?

Answer:

The proposed PER will look at a long-term fix to Cleveland’s sewer system to include their STP and thc collection system. The current situation provides an opportunity to look at a regional approach with the County.

For Cleveland to be able to reverse a decline in population and economic vitality, it has adopted an econo: restructuring strategy that focuses on the Clinch River, the most biodiverse river in North America. The new Clin: River State Park provides a real opportunity for economic growth, especially in light of the recently complet: downtown project which removed blighting conditions in the Town and developed a modern campground, tra and a pedestrian bridge linked to Downtown Cleveland. However, for the Town to benefit, adequate sewa; treatment facilities must be in place. Russell County stands to benefit greatly from the development of the Clin: River State Park. It has the most river miles in the Park and Cleveland will be the County’s main destination for tl Park,

4, TIMELINESS

4, Describe why these needs must be addressed now. Answer:

The need to address the STP collapse is urgent and immediate to prevent an environmental catastrophe. The PE and subsequent CDBG construction application will provide the long-term fix while other emergency funding freed to address the immediate threat of raw sewage entering the Clinch River.

TIMELINESS

4/30/2020 2:08:55 PM Pages: 3

Application to DHCD Submitted through CAMS

County of Russell, Virginia Cleveland Sewer System PER

Has an unforeseen action occurred that threatens the health or safety of the community? Has an opportunity arisen which the community can use to its advantage? Have potential beneficiaries been mobilized or otherwise communicated their intentions to address community needs? Has the community developed a strategic or action plan that includes project priorities and is the community ready to address the highest priority item?

Answer:

The catastrophic events leading up to the collapse of the Town’s STP were unforeseen and further complicated | recent flooding events. The silver lining, if it could be called that, is the opportunity offered Cleveland and Russ: County to address a long-term solution to the Town’s aging sewer system. As a main destination of the Clin: River State Park, Cleveland must be able to provide a sewage treatment and collection system to protect wat quality in the river and the freshwater mussel nursery just below the Town. The Town and County leaders, ste regulatory agencies, environmental groups and cognizant state agencies are supporting the effort to quick mobilize available resources.

READINESS
Describe how ready the community residents and local government are to complete planning and implement a project to meet the perceived needs. What steps have been taken to get the community and local government reac to proceed?

Answer:

The Town of Cleveland, Russell County and the Cumberland Plateau are working together with other agencies a1 organizations to complete a planning and implementation effort to meet the need for a PER and eventu

construction project. The County has agreed to be the applicant for these projects and the PDC will provide gra management services as requested.

7, READINESS

What evidence is there that both the community and local government have the energy and will to make progress on this project? Is the local government supportive of the project? Is there community support and consensus regarding the perceived needs? Have real community sparkplugs been identified?

Answer:

The catastrophic damage to the Town’s sewage treatment plant has created a sense of urgency that has mobiliz all parties to work together on both short-term and long-term solutions to the problem. Several conference cal necessitated by the current State of Emergency declaration, have been hosted by DEQ and included the loc governments and other agencies. A consensus on the approach to address the need is in place.

READINESS
Include status of other planning grant application(s) and state whether or not your ability to complete the CDB( 4/30/2020 2:08:55 PM Pages: 4

Application to DHCD Submitted through CAMS

County of Russell, Virginia Cleveland Sewer System PER

planning grant is contingent on receiving funds from other sources. Please provide a list of other organizations ot agencies that you have submitted planning grants applications. Provide a copy of the award letter(s) for funding commitment(s) and date of funding availability

Answer:

No other planning grant funding is being sought. The CDBG funding requested is sufficient to complete the PER.

4/30/2020 2:08:55 PM Pages: 5

tim Baldwin Jonzo [email protected] ‘Jennifer Chumbiey"; "Debbi Pw:

Friday, May 1, 2020 11:10:54 AM

Lonzo-| haven’t gotten any feedback on the Planning Grant application, so | think it’s good to put before your Board on Monday. Call if you have any questions. Jim

From: Jim Baldwin (mailto:[email protected]] Sent: Thursday, April 30, 2020 2:55 PM

To: ‘Jennifer Chumbley’ [email protected]; ‘[email protected]’ [email protected]; ‘Weaver, Matt! <matthew.weaver @dhcd.virginia.gov>; ‘Blevins, Joe! <joe.blevins@dhed. virginia.gov>; ‘Keene, Willard’ [email protected]; ‘Spencer, William’ [email protected]; ‘Jeffrey Hurst! [email protected]; ‘Katie Patton’ [email protected]; ‘Debbie Milton’ [email protected]; ‘[email protected]’ <brian,stanley@ vdh virginia. gov> Ce: ‘rebecca.dye’ [email protected]; ‘steve breeding! [email protected]

Subject: FW:

Let me know if there is anything we can do to assist you in this effort.

Jim

Application to DHCD Submitted through CAMS

County of Russell, Virginia Cleveland Sewer System PER

Application ID: 72604242020092716 Application Status: Incomplete Program Name: CDBG Planning Grants - 2020

Organization Name: County of Russell, Virginia

Organization Address: 137 Highland Dr. Lebanon, VA 24266-7169

Profile Manager Name: Vicki Porter Profile Manager Phone: (276) 889-8000 Profile Manager Email: [email protected]

Project Name: Cleveland Sewer System PER Project Contact Name: Lonzo Lester

Project Contact Phone: (276) 889-8000

Project Contact Email: [email protected]

Project Locati 137 Highlands Drive

Lebanon, VA 24266-7169

Project Service Area: Russell County, Cleveland Town

Total Requested Amount:

Required Annual Audit Status: Accepted

4/30/2020 2:08:55 PM Pages: 1

Application to DHCD Submitted through CAMS

County of Russell, Virginia

Cleveland Sewer System PER

Budget Information:

Cost/Activity Category DHCD Request Other Funding Tot: Planning Grant Activities $0.00 $0.00 $0.4 Other $0.00 $0.00 $0.0 Total: $0.00 $0.00 $0.0 Budget Narrative

Questions and Responses:

‘The information below only refers to the narrative requirements for a proposal Please refer to the CDBG Program Design for further information on Virginia’s overall program objectives policies and priorities, overarching requirements, program specific requirements, and CDBG National objectives and requirements. Contact DHCD with any questions.

DHCD will generally respond in writing within 30 calendar days and authorize up to 10% in funding to cover expenses incurred during

NEEDS AND OPPORTUNITIES

Describe the needs and opportunities that the locality intends to address with CDBG Planning Grant funding. How does the locality know about this need? Include as much detail as is currently known (prior to examining this need further using Planning Grant funding)

Answer:

4/30/2020 2:41:14 PM Pages: 2

Application to DHCD Submitted through CAMS

County of Russell, Virginia Cleveland Sewer System PER

NEEDS AND OPPORTUNITIES

Is there a lack of or gap in the availability of one or more basic community attributes or services found in comparable communities? Does the missing attribute or service directly affect low- and moderate-income persons? Does the missing attribute relate to blighting conditions?

Answer:

3, NEEDS AND OPPORTUNITIES

3, Is there a certain condition in place that if addressed, will provide an opportunity for growth, revitalization, or economic restructuring?

Answer:

4, TIMELINESS

4, Describe why these needs must be addressed now. Answer:

TIMELINESS

4/30/2020 2:08:55 PM Pages: 3

Application to DHCD Submitted through CAMS

County of Russell, Virginia Cleveland Sewer System PER

Has an unforeseen action occurred that threatens the health or safety of the community? Has an opportunity arisen which the community can use to its advantage? Have potential beneficiaries been mobilized or otherwise communicated their intentions to address community needs? Has the community developed a strategic or action plan that includes project priorities and is the community ready to address the highest priority item?

Answer:

READINESS
Describe how ready the community residents and local government are to complete planning and implement a project to meet the perceived needs. What steps have been taken to get the community and local government reac to proceed?

Answer:

construction project. The County has agreed to be the applicant for these projects and the PDC will provide gra management services as requested.

7, READINESS

What evidence is there that both the community and local government have the energy and will to make progress on this project? Is the local government supportive of the project? Is there community support and consensus regarding the perceived needs? Have real community sparkplugs been identified?

Answer:

READINESS
Include status of other planning grant application(s) and state whether or not your ability to complete the CDB( 4/30/2020 2:08:55 PM Pages: 4

Application to DHCD Submitted through CAMS

County of Russell, Virginia Cleveland Sewer System PER

Answer:

No other planning grant funding is being sought. The CDBG funding requested is sufficient to complete the PER.

4/30/2020 2:08:55 PM Pages: 5

Russell County Virginia “The Heart of Southwest Virginia”

Oris Christian Carl Rhea At-Large District 3

Tim Lovelace Rebecca Dye, Chairperson David Eaton District 1 District 6 District 4

Lou Ann Wallace Steve Breeding, Vice-Chairman Lonzo Lester District 2 District 5 County Administrator

Russell County Government Center 137 Highland Drive · Lebanon, Virginia 24266 · (276) 889-8000 · Fax (276) 889-8011

www.russellcountyva.us

May 4, 2020

Elizabeth Gilboy, Director Community Design Assistance Center/Virginia Tech 101 S Main St (0450) Blacksburg, VA 24060

Dear Ms. Gilboy,

Please accept this letter as confirmation that Russell County Board of Supervisors understands that the Community Design Assistance Center (CDAC) at Virginia Tech received a grant from the U. S. Environmental Protection Agency’s (EPA) Brownfields Assessment grant program to assist communities in southwest Virginia assess and develop conceptual designs for the redevelopment of potentially contaminated sites.

As a community selected to receive CDAC’s services, we understand that there is no charge for the services and no cash or in-kind match requirement on the part of Russell County Board of Supervisors. We also understand that our obligation will be to establish a Stakeholders Committee comprised of the appropriate officials that will provide input to help develop the design concept and that serve as the voice of the community. The list of those on the Stakeholders Committee will be sent to CDAC prior to the start of any work. We will also identify a point of contact who will serve as the main point of contact for both CDAC and Cardno.

Russell County Board of Supervisors accepts the services of CDAC (no cost) and Cardno (no cost).

Sincerely,

Rebecca Dye Chairperson County of Russell Virginia

Russell County Virginia

“The Heart of Southwest Virginia” Oris Christian Cart Rhea AtLarge District 3 Tim Lovelace Rebecca Dye, Chairperson David Eaton District 1 District 6 District 4 Lou Ann Wallace Steve Breeding, Vice-Chairman Lonzo Lester District 2 District 5 County Administrator May 4, 2020

Elizabeth Gilboy, Director

Community Design Assistance Center/Virginia Tech 101 S Main St (0450)

Blacksburg, VA 24060

Dear Ms. Gilboy,

‘As a community selected to receive CDAC’s services, we understand that there is no charge for the services and no cash or in-kind match requirement on the part of Russell County Board of Supervisors. We also understand that our obligation will be to establish a Stakeholders Committee comprised of the appropriate officials that will provide input to help develop the design concept and that serve as the voice of the community. The list of those on the Stakeholders Committee will be sent to CDAC prior to the start of any work. We will also identify a point of contact who will serve as the main point of contact for both CDAC and Cardno.

Russell County Board of Supervisors accepts the services of CDAC (no cost) and Cardno (no cost).

Sincerely,

Rebecca Dye Chairperson County of Russell Virginia

Russell County Government Center 137 Highland Drive - Lebanon, Virginia 24266 - (276) 889-8000 - Fax (276) 889-8011 www.russellcountyva.us

From: Elizabeth Gilboy To: lonzo.lester Cc: Lou Wallace; Nick Proctor; [email protected] Subject: Conceptual Redevelopment Plan for the former Sun Motors Property Date: Wednesday, April 22, 2020 9:55:43 AM Attachments: EPA Sun Cover Letter_200421.pdf

EPA Sun Transfer Station Conceptual Design PRO_200421.pdf LetterofCommitmentSample_180627.docx

Dear Mr. Lester,

The Community Design Assistance Center (CDAC) of Virginia Tech received a U.S. Environmental Protection Agency (EPA) Brownfields Assessment grant to assess potentially contaminated sites in southwest Virginia communities and help these communities develop conceptual redevelopment plans for the properties. The EPA Assessment Grant provides funding for CDAC to help communities determine if a site might be contaminated and then to plan for the possible redevelopment of that site through conceptual design development. EPA does not require or commit communities to any cleanup if the community participates in this process.

Attached is a proposal for creating a conceptual redevelopment plan for the former Sun Motors property and conducting a Phase I Environmental Site Assessment (ESA) for that property. CDAC will work with a stakeholders committee to create a conceptual design for redeveloping the Sun Motors property as a solid waste transfer station for Russell County. Simultaneously, a Phase I Environmental Site Assessment (ESA) will be conducted for the Sun Motors property. The Phase I ESA involves a review of records, a site inspection, and interviews with owners, occupants, neighbors and local government officials. This will be conducted by Cardno, the environmental consultant working with CDAC. Phase II sampling and laboratory analysis will not be conducted during this project. If additional environmental assessment assistance is needed, Cardno may be able to assist and provide guidance on next steps.

The services that would be provided by CDAC for the conceptual redevelopment plan and Cardno, the environmental consultant preparing the Phase I ESA, are valued at $14,075. The services described in the attached proposal would be covered by CDAC’s EPA Brownfields Assessment grant and provided at no-cost to Russell County. The proposed project timeline is from 5/4/20 – 8/28/20. No cash or in- kind match is required. However, it is still important for the County to track stakeholder participation (such as through sign-in sheets at meetings) because documented community input can be very important for future grant applications.

The grant requires that a stakeholders committee be set up for the project comprised of key parties. Examples for this project include the property owner, representative(s) from the Russell County Board of Supervisors, the County’s solid waste collection representative(s), and the Virginia Department of Transportation. One person must serve as the main point of contact for the project.

Attached is a proposal that outlines the scope of work, the timeline, and value of the services. If Russell County would like to accept the proposal and proceed with this

mailto:[email protected] mailto:[email protected] mailto:[email protected] mailto:[email protected] mailto:[email protected]

COLLEGE OF ARCHITECTURE Community Design Assistance Center ‘AND URBAN STUDIES 101 South Main Street, Suite 2 VIRGINIA TECH

Blacksburg, Virginia 24061 P: (540) 231-5644 ‘pti 24, 2020 F: (540) 231-6089

Mr. Lonzo Lester, County Administrator Russell County

137 Highland Drive

Lebanon, VA 24266

RE: Conceptual Redevelopment Plan for the Former Sun Motors Property Dear Mr. Lester,

‘The Community Design Assistance Center (CDAC) of Virginia Tech received a U.S. Environmental Protection Agency (EPA) Brownfields Assessment grant to assess and help communities develop conceptual redevelopment plans for potentially contaminated sites in southwest Virginia communities. The EPA Assessment Grant provides funding for CDAC to help ‘communities determine if a site might be contaminated and then to plan for the possible redevelopment of that site ‘through conceptual design development. EPA does not require or commit communities to any cleanup if the community participates in this process.

Enclosed is a proposal for a conceptual redevelopment plan for the former Sun Motors property and a Phase | Environmental Site Assessment (ESA). The EPA Brownfields Assessment grant will provide CDAC with the opportunity to work with a stakeholders committee to create a conceptual design for redeveloping the Sun Motors property as a solid ‘waste transfer station for Russell County.

Simultaneously, a Phase | Environmental Site Assessment (ESA) will be conducted for the Sun Motors property. The Phase | ESA involves a review of records, a site inspection, and interviews with owners, occupants, neighbors and local government officials. This will be conducted by Cardno, the environmental consultant working with COAC. Phase Il sampling and laboratory analysis will not be conducted during this project. If additional environmental assessment assistance is needed, Cardno may be able to assist and provide guidance on next steps.

‘The services that would be provided by CDAC for the conceptual redevelopment plan and Cardno, the environmental consultant preparing the Phase | ESA, are valued at $14,075. The services described in the enclosed proposal would be covered by CDAC’s EPA Brownfields Assessment grant and provided at no-cost to Russell County. The proposed project timeline is from 5/4/20 ~ 8/28/20. No cash or in-kind match is required. However, it is still important for the County to

track stakeholder participation (such as through sign-in sheets at meetings) because documented community input can be very important for future grant applications.

‘The grant requires that a stakeholders committee be set up for the project comprised of key parties. Examples for this project include the property owner, representative(s) from the Russell County Board of Supervisors, the County’s solid waste collection representative(s}, and the Virginia Department of Transportation. One person must serve as the main point of contact for the project.

Attached is a proposal that outlines the scope of work, the timeline, and value of the services. If Russell County would like to accept the proposal and proceed with this project, please send a Letter of Commitment accepting the assistance of CDAC and Cardno through the EPA Brownfields Assessment grant at your earliest convenience. Attached is a sample Letter of Commitment that can be used as a template on the appropriate organization letterhead.

(On behalf of CDAC and the Cardno team, we laak forward to working with you! Sincerely,

a be 7 / iéteg

aBeth Gilboy, Di

VIRGINIA POLYTECHNIC INSTITUTE AND STATE UNIVERSITY ‘An equal opportunity, affirmative action institution

Sun, VA: Conceptual Redevelopment Plan for the

Former Sun Motors Property

Submitted to: Lonzo Lester, County Administrator

Russell County

137 Highland Drive
Lebanon, VA 24266

Phone: (276) 889-8000

Fax: (276) 889-8011 E-Mail: [email protected]

April 21, 2020

Submitted by: Elizabeth Gilboy, Director

Nick Proctor, Project Manager Community Design Assistance Center

101 South Main Street Suite 2, Blacksburg, VA 24061 P: 540-231-5644 F: 540-231-6089

E: [email protected]/[email protected]

Sun, VA: Conceptual Redevelopment Plan for the Former Sun Motors Property

Submitted to: Lonzo Lester, County Administrator Russell County

137 Highland Drive Lebanon, VA 24266

Phone: (276) 889-8000 Fax: (276) 889-8011 E-Mail: [email protected]

April 21, 2020

Submitted by: Elizabeth Gilboy, Director Nick Proctor, Project Manager Community Design Assistance Center

101 South Main Street Suite 2, Blacksburg, VA 24061 P: 540-231-5644 F: 540-231-6089

E: [email protected]/[email protected]

Introduction

The Community Design Assistance Center (CDAC) of Virginia Tech received a U.S. Environmental Protection Agency (EPA) Brownfields Assessment grant to assess and help communities develop conceptual redevelopment plans for potentially contaminated sites in southwest Virginia communities.

The EPA Assessment Grant provides funding for CDAC to help communities determine if a site is contaminated (and if so, with what), and then to plan for the possible redevelopment of that site through conceptual design development. EPA does not require or commit communities to any cleanup if the community participates in this process.

EPA’s goals are to:

protect human health and the environment
sustain reuse
promote partnerships, and
strengthen the marketplace

The EPA describes Brownfields as:

“A brownfield is a property, the expansion, redevelopment, or reuse of which may be complicated by the presence or potential presence of a hazardous substance, pollutant, or contaminant.”

The purpose of this project is to work with a Stakeholders Committee to create a conceptual redevelopment plan for former Sun Motors property.

A Phase I Environmental Site Assessment (ESA) will be conducted for this project which involves a review of records, a site inspection, and interviews with owners, occupants, neighbors and local government officials. Phase II sampling and laboratory analysis will not be conducted during this project.

The grant requires that a Stakeholders Committee be set up for the project comprised of key parties. The CDAC strongly suggests involving the property owner, key individuals from the Russell County Board of Supervisors, the County’s solid waste collection department, and the Virginia Department of Transportation (VDOT). One person must serve as the main point of contact for the project.

Introduction

EPA’s goals are to: ~ protect human health and the environment

sustain reuse
promote partnerships, and
strengthen the marketplace

The EPA describes Brownfields as: “A brownfield is a property, the expansion, redevelopment, or reuse of which may be complicated by the presence or potential presence of a hazardous substance, pollutant, or contaminant.”

The purpose of this project is to work with a Stakeholders Committee to create a conceptual redevelopment plan for former Sun Motors property.

‘A Phase | Environmental Site Assessment (ESA) will be conducted for this project which involves a review of records, a site inspection, and interviews with owners, occupants, neighbors and local government officials. Phase Il sampling and laboratory analysis will not be conducted during this project.

Project Overview

The Community Design Assistance Center will work with a stakeholders committee to create a conceptual redevelopment plan for the former Sun Motors auto repair property, located in Sun, VA. Sun is an unincorporated community in southwest Virginia along Route 63 between St Paul and Dante in Russell County. The conceptual redevelopment plan will primarily focus on redeveloping the property into a County-operated solid waste transfer station. The solid waste transfer station will provide collection facilities for solid waste, household trash, and recycling.

Following is a list of initial design ideas/needs for the transfer station:

 Attendant building

o Single indoor room with climate control

o Hand tool storage

o Restroom

 Parking for attendant’s personal vehicle

 Access gate and perimeter fencing

 Paved surfaces throughout portion of the site where vehicles/dumpsters are

expected

 Raised platform or lowered “pit” for trash collection bin so that patrons can

dispose trash easier

 Recycling bin

 Trash compactor (will need high power input; potentially 3-phase)

 Cardboard recycling receptacle

 Hazardous material receptacle; waste oil, anti-freeze

 Appropriate site ingress/egress from Route 63, developed in consultation with

VDOT

 Stream bank restoration; potential partners include:

o The Nature Conservancy (TNC)

o Appalachian Sustainable Development (ASD)

o Clinch Valley Soil and Water Conservation District (Lebanon, VA)

o Canaan Valley Institute

Design Process

Following is a list of anticipated steps for this project based on past experience with similar projects.

Following is a list of general, anticipated steps CDAC envisions for this project.

Project Start-up/ Information Gathering:

The design team will gather GIS/mapping information about site. The CDAC

team will need GIS information to create the maps from which to work. Geo-data

(GIS shape files) needed include: most recent aerials, contours/topo (2-5’

intervals preferred), building footprints, parcels (ownership, private vs. public),

Project Overview

Following is a list of initial design ideas/needs for the transfer station:

Attendant building © Single indoor room with climate control © Hand tool storage © Restroom
Parking for attendant’s personal vehicle
Access gate and perimeter fencing
Paved surfaces throughout portion of the site where vehicles/dumpsters are ‘expected
Raised platform or lowered “pit” for trash collection bin so that patrons can dispose trash easier
Recycling bin

Trash compactor (will need high power input; potentially 3-phase)

Cardboard recycling receptacle
Hazardous material receptacle; waste oil, anti-freeze
Appropriate site ingress/egress from Route 63, developed in consultation with VDOT
Stream bank restoration; potential partners include: © The Nature Conservancy (TNC) © Appalachian Sustainable Development (ASD) © Clinch Valley Soil and Water Conservation District (Lebanon, VA) © Canaan Valley Institute

Design Process

Following is a list of anticipated steps for this project based on past experience with similar projects

Following is a list of general, anticipated steps CDAC envisions for this project.

Project Start-up/ Information Gathering: The design team will gather GIS/mapping information about site. The CDAC

roads, sidewalks, hydrology, flood data, utilities, soil data, easements, wetlands,

watersheds, karst, zoning, future land use, etc.

Cardno, Virginia Tech’s environmental consultant working on the project, will take

drone aerials and photos of the site, adjacent areas, and vehicular approaches

from the north and south on Route 63.

Develop base map(s).

Stakeholder Input:

The CDAC team will meet digitally via Zoom® with the Stakeholders Committee

to hear about the project goals and ideas for the transfer station. The CDAC uses

Zoom®, an online presentation platform with screen-share capabilities, for digital

presentations. A computer with internet access, microphone, and speakers is

required. It is recommended that the Stakeholders Committee include at least

one person who has hands-on experience with day-today operations of transfer

stations in Russell County as well as a representative from VDOT to provide

input on the appropriate ingress/egress location(s) to the site.

Develop Preliminary Conceptual Redevelopment Plans for the Former Sun

Motors Property:

The CDAC team will develop two preliminary conceptual redevelopment plan

alternatives for the former Sun Motors property that indicates the locations of

elements such as the entrance/exit, drop off areas, attendant building, etc.

Virtual Presentation of Preliminary Conceptual Redevelopment Alternatives

with the Stakeholders Committee:

The CDAC team will virtually present the preliminary conceptual redevelopment

plans to the Stakeholders Committee for feedback. The CDAC uses Zoom®, an

online presentation platform with screen-share capabilities, for digital

presentations. A computer with internet access, microphone, and speakers is

required.

Finalize Conceptual Redevelopment Plan:

Based on feedback, the CDAC team will revise the preliminary conceptual

redevelopment plans into a final conceptual redevelopment plan and prepare

supporting drawings to help portray the essence and character of the transfer

station area.

Virtual Presentation of Final Conceptual Redevelopment Plan with the

Stakeholders Committee:

The CDAC team will present the final conceptual redevelopment plan and

supporting drawings to the Stakeholders Committee. The CDAC uses Zoom®, an

online presentation platform with screen-share capabilities, for digital

presentations. A computer with internet access, microphone, and speakers is

required.

Cardno, Virginia Tech’s environmental consultant working on the project, will take drone aerials and photos of the site, adjacent areas, and vehicular approaches from the north and south on Route 63.

Develop base map(s).

. Stakeholder Inpi The CDAC team will meet digitally via Zoom® with the Stakeholders Committee to hear about the project goals and ideas for the transfer station. The CDAC uses Zoom®, an online presentation platform with screen-share capabilities, for digital presentations. A computer with internet access, microphone, and speakers is required. It is recommended that the Stakeholders Committee include at least ‘one person who has hands-on experience with day-today operations of transfer stations in Russell County as well as a representative from VDOT to provide input on the appropriate ingress/egress location(s) to the site.

. Develop Preliminary Conceptual Redevelopment Plans for the Former Sun Motors Property: The CDAC team will develop two preliminary conceptual redevelopment plan alternatives for the former Sun Motors property that indicates the locations of elements such as the entrance/exit, drop off areas, attendant building, etc.

… Virtual Presentation of Preliminary Conceptual Redevelopment Alternatives with the Stakeholders Committee: The CDAC team will virtually present the preliminary conceptual redevelopment plans to the Stakeholders Committee for feedback. The CDAC uses Zoom®, an online presentation platform with screen-share capabilities, for digital presentations. A computer with internet access, microphone, and speakers is required.

. Finalize Conceptual Redevelopment Plan: Based on feedback, the CDAC team will revise the preliminary conceptual redevelopment plans into a final conceptual redevelopment plan and prepare supporting drawings to help portray the essence and character of the transfer station area.

. Virtual Presentation of Final Conceptual Redevelopment Plan with the Stakeholders Committee: The CDAC team will present the final conceptual redevelopment plan and supporting drawings to the Stakeholders Committee. The CDAC uses Zoom®, an online presentation platform with screen-share capabilities, for digital presentations. A computer with internet access, microphone, and speakers is required.

Final Products1

The Community Design Assistance Center will work with a Stakeholders Committee to develop the following deliverables:

Conceptual Redevelopment Plan for the Sun Transfer Station The conceptual redevelopment plan will indicate generally what uses are happening where on the site.
Supporting sketches: Up to Two Supporting sketches will help depict the proposed conceptual design and may include, in part, cross-sections, perspectives, and elevations.
Final Report The final report will describe the design work and include reductions of designs. a) Final Report hard copies (3) b) Link to digital version of the report
Phase I Environmental Assessment Executive Summary (provided by Cardno)
Phase I Environmental Assessment (provided by Cardno)

Estimated Tasks and Timeline2: 5/4/20 – 7/31/20; 13 weeks + 4 weeks no-cost time buffer = 8/31/20)

Date Trip Tasks

5/4/20 – 5/22 (3 wks) Gather base map materials from Russell County,

and/or other sources.3

Cardno coordinates drone aerials and photos of the

site.

Digital meeting with Stakeholders Committee via

Zoom® to discuss project goals/ideas for the transfer

station and look at aerial images.

Note existing conditions and opportunities and

constraints.

Prepare base map.

1 This work will be conceptual in nature and will not include any construction drawings or cost estimates.

Products are to be used as a guide when working with the appropriate professional(s). The CDAC cannot be held responsible for inappropriate use of design work.

2 Timeline is dependent on student availability and timely receipt of Letter of Commitment (LOC). Project will not begin until a qualified student team is hired for the project. Uncontrollable delays due to COVID- 19, weather, student team formation, receipt of LOC, or adjustments to the timeline may require an adjustment to the project start and/or end dates.

3 Topographic information at 2-5’ contour intervals must be available through the Town, County, or other sources in order for the Design Center to carry out work as described in this proposal.

Final Products*

The Community Design Assistance Center will work with a Stakeholders Committee to develop the following deliverables:

Conceptual Redevelopment Plan for the Sun Transfer Station The conceptual redevelopment plan will indicate generally what uses are happening where on the site.

Supporting sketches: Up to Two Supporting sketches will help depict the proposed conceptual design and may include, in part, cross-sections, perspectives, and elevations.

Final Report

The final report will describe the design work and include reductions of designs. a) Final Report hard copies (3)

b) Link to digital version of the report

Phase | Environmental Assessment Executive Summary (provided by Cardno)

Phase | Environmental Assessment (provided by Cardno)

Estimated Tasks and Timeline’: 5/4/20 - 7/31/20; 13 weeks + 4 weeks no-cost time buffer = 8/31/20)

Date

Trip Tasks

514/20 — 5/22 (3 wks) Gather base map materials from Russell County,

and/or other sources.”

Cardno coordinates drone aerials and photos of the site.

Digital meeting with Stakeholders Committee via Zoom® to discuss project goals/ideas for the transfer

station and look at aerial images.

Note existing conditions and opportunities and constraints.

Prepare base map,

This work will be conceptual in nature and will not include any construction drawings or cost estimates. Products are to be used as a guide when working with the appropriate professional(s). The CDAC cannot be held responsible for inappropriate use of design work.

adjustment to the on start and/or end dates.

5/25 – 6/19 (4 wks) Develop two preliminary conceptual plan alternatives

for the transfer station.

Digitally present the preliminary conceptual

redevelopment plan alternatives to the Stakeholders

Committee via Zoom® for feedback.

6/22 – 7/17 (4 wks) Incorporate comments and refine conceptual

redevelopment.

Digitally present final conceptual redevelopment to

the Stakeholders Committee via Zoom® for

feedback.

7/20 – 7/31 (2 wks) Make any final minor revisions to any products.

Mail drawing(s), final report, and Phase I

Environmental Site Assessment and email links to digitals of all final products to Lonzo Lester, Russell County Administrator and Lou Wallace, Russell County Board of Supervisors.

8/3 – 8/28 (4 wks) No-cost time buffer to allow for scheduling changes.

Total value of design services covered by the EPA Brownfields $9,075 Assessment Grant through the Community Design Assistance Center at Virginia Tech.

Phase I Assessment costs for Cardno’s work are also covered
under the EPA Assessment grant and are valued at $5,000 $5,000 Total Value of Services: $14,075*

*The services described in this proposal will be provided at no cost to Russell County. The Community Design Assistance Center at Virginia Tech received an Environmental Protection Agency (EPA) Brownfields Assessment grant to assess and help communities in southwest Virginia develop conceptual redevelopment plans for potentially contaminated sites.

5/25 — 6/19 (4 wks) Develop two preliminary conceptual plan alternatives for the transfer station.

Digitally present the preliminary conceptual redevelopment plan alternatives to the Stakeholders Committee via Zoom® for feedback.

6/22 - 7/17 (4 wks) Incorporate comments and refine conceptual redevelopment

Digitally present final conceptual redevelopment to the Stakeholders Committee via Zoom® for feedback

7/20 — 7/31 (2 wks) Make any final minor revisions to any products.

Mail drawing(s), final report, and Phase | Environmental Site Assessment and email links to digitals of all final products to Lonzo Lester, Russell County Administrator and Lou Wallace, Russell County Board of Supervisors.

8/3 — 8/28 (4 wks) No-cost time buffer to allow for scheduling changes.

Total value of design services covered by the EPA Brownfields $9,075 Assessment Grant through the Community Design Assistance Center at Virginia Tech.

Phase | Assessment costs for Cardno’s work are also covered under the EPA Assessment grant and are valued at $5,000 $5,000 Total Value of Services: $14,075"

From: ‘Elzabeth Gboy

To: Jonzo.lester ce: Lou Wallace: Nick Proctor: joe morici@cardno com Subject: Conceptual Redevelopment Pian for the former Sun Motors Property Date: Wednesday, Apri 22, 2020 9:55:43 AM Attachments: EPA Sun Cover Latter 200424.oaf EPA Sun Transfer Station Concaptual Design PRO_200421 pa ‘LetterfCommitmentSampie 180827 docx

Dear Mr. Lester,

The Community Design Assistance Center (CDAC) of Virginia Tech received a U.S. Environmental Protection Agency (EPA) Brownfields Assessment grant to

assess potentially contaminated sites in southwest Virginia communities and help these communities develop conceptual redevelopment plans for the properties. The EPA Assessment Grant provides funding for CDAC to help communities determine if a site might be contaminated and then to plan for the possible redevelopment of that site through conceptual design development. EPA does not require or commit communities to any cleanup if the community participates in this process.

Attached is a proposal for creating a conceptual redevelopment plan for the former Sun Motors property and conducting a Phase | Environmental Site Assessment (ESA) for that property. CDAC will work with a stakeholders committee to create a conceptual design for redeveloping the Sun Motors property as a solid waste transfer station for Russell County. Simultaneously, a Phase | Environmental Site Assessment (ESA) will be conducted for the Sun Motors property. The Phase | ESA involves a review of records, a site inspection, and interviews with owners, occupants, neighbors and local government officials. This will be conducted by Cardno, the environmental consultant working with CDAC. Phase Il sampling and laboratory analysis will not be conducted during this project. If additional environmental assessment assistance is needed, Cardno may be able to assist and provide guidance on next steps.

The services that would be provided by CDAC for the conceptual redevelopment plan and Cardno, the environmental consultant preparing the Phase | ESA, are valued at $14,075. The services described in the attached proposal would be covered by CDAC’s EPA Brownfields Assessment grant and provided at no-cost to Russell County. The proposed project timeline is from 5/4/20 — 8/28/20. No cash or in- kind match is required. However, itis still important for the County to track stakeholder participation (such as through sign-in sheets at meetings) because documented community input can be very important for future grant applications.

Attached is a proposal that outlines the scope of work, the timeline, and value of the services. If Russell County would like to accept the proposal and proceed with this

project:

Send a Letter of Commitment accepting the assistance of CDAC and Cardno through the EPA Brownfields Assessment grant at your earliest convenience. Attached is a sample Letter of Commitment that can be used as a template on the appropriate organization letterhead.
Let me know who will serve as the main point of contact in Russell County for the project.

On behalf of CDAC and the Cardno team, we look forward to working with you!

Elizabeth

Elizabeth Gilboy, Director Community Design Assistance Center/Virginia Tech 101 S. Main St (0450) Blacksburg, VA 24060 540-231-5644 (p) 540-231-6089 (f)

project:

Send a Letter of Commitment accepting the assistance of CDAC and Cardno through the EPA Brownfields Assessment grant at your earliest convenience. Attached is a sample Letter of Commitment that can be used as a template on the appropriate organization letterhead.
Let me know who will serve as the main point of contact in Russell County for the project.

On behalf of CDAC and the Cardno team, we look forward to working with you! Elizabeth

Elizabeth Gilboy, Director

Community Design Assistance Center/Virginia Tech 101 S. Main St (0450)

Blacksburg, VA 24060

540-231-5644 (p)

540-231-6089 (f)

COLLEGE OF ARCHITECTURE Community Design Assistance Center ‘AND URBAN STUDIES 101 South Main Street, Suite 2 VIRGINIA TECH

Blacksburg, Virginia 24061 P: (540) 231-5644 ‘pti 24, 2020 F: (540) 231-6089

Mr. Lonzo Lester, County Administrator Russell County

137 Highland Drive

Lebanon, VA 24266

RE: Conceptual Redevelopment Plan for the Former Sun Motors Property Dear Mr. Lester,

track stakeholder participation (such as through sign-in sheets at meetings) because documented community input can be very important for future grant applications.

(On behalf of CDAC and the Cardno team, we laak forward to working with you! Sincerely,

a be 7 / iéteg

aBeth Gilboy, Di

VIRGINIA POLYTECHNIC INSTITUTE AND STATE UNIVERSITY ‘An equal opportunity, affirmative action institution

Sun, VA: Conceptual Redevelopment Plan for the
Former Sun Motors Property

Submitted to: Lonzo Lester, County Administrator

Russell County

137 Highland Drive
Lebanon, VA 24266

Phone: (276) 889-8000

Fax: (276) 889-8011 E-Mail: [email protected]

April 21, 2020

Submitted by: Elizabeth Gilboy, Director

Nick Proctor, Project Manager Community Design Assistance Center

101 South Main Street Suite 2, Blacksburg, VA 24061 P: 540-231-5644 F: 540-231-6089

E: [email protected]/[email protected]

Sun, VA: Conceptual Redevelopment Plan for the Former Sun Motors Property

Submitted to: Lonzo Lester, County Administrator Russell County

137 Highland Drive Lebanon, VA 24266

Phone: (276) 889-8000 Fax: (276) 889-8011 E-Mail: [email protected]

April 21, 2020

Submitted by: Elizabeth Gilboy, Director Nick Proctor, Project Manager Community Design Assistance Center

101 South Main Street Suite 2, Blacksburg, VA 24061 P: 540-231-5644 F: 540-231-6089

E: [email protected]/[email protected]

Introduction

EPA’s goals are to:

protect human health and the environment
sustain reuse
promote partnerships, and
strengthen the marketplace

The EPA describes Brownfields as:

“A brownfield is a property, the expansion, redevelopment, or reuse of which may be complicated by the presence or potential presence of a hazardous substance, pollutant, or contaminant.”

The purpose of this project is to work with a Stakeholders Committee to create a conceptual redevelopment plan for former Sun Motors property.

Introduction

EPA’s goals are to: ~ protect human health and the environment

sustain reuse
promote partnerships, and
strengthen the marketplace

The purpose of this project is to work with a Stakeholders Committee to create a conceptual redevelopment plan for former Sun Motors property.

Project Overview

Following is a list of initial design ideas/needs for the transfer station:

 Attendant building o Single indoor room with climate control o Hand tool storage o Restroom

 Parking for attendant’s personal vehicle  Access gate and perimeter fencing  Paved surfaces throughout portion of the site where vehicles/dumpsters are

expected  Raised platform or lowered “pit” for trash collection bin so that patrons can

dispose trash easier  Recycling bin  Trash compactor (will need high power input; potentially 3-phase)  Cardboard recycling receptacle  Hazardous material receptacle; waste oil, anti-freeze  Appropriate site ingress/egress from Route 63, developed in consultation with

VDOT  Stream bank restoration; potential partners include:

o The Nature Conservancy (TNC) o Appalachian Sustainable Development (ASD) o Clinch Valley Soil and Water Conservation District (Lebanon, VA) o Canaan Valley Institute

Design Process

Following is a list of anticipated steps for this project based on past experience with similar projects.

Following is a list of general, anticipated steps CDAC envisions for this project.

Project Start-up/ Information Gathering:
The design team will gather GIS/mapping information about site. The CDAC team will need GIS information to create the maps from which to work. Geo-data (GIS shape files) needed include: most recent aerials, contours/topo (2-5’ intervals preferred), building footprints, parcels (ownership, private vs. public),

Project Overview

Following is a list of initial design ideas/needs for the transfer station:

Parking for attendant’s personal vehicle
Access gate and perimeter fencing
Paved surfaces throughout portion of the site where vehicles/dumpsters are ‘expected
Raised platform or lowered “pit” for trash collection bin so that patrons can dispose trash easier
Recycling bin

Trash compactor (will need high power input; potentially 3-phase)

Cardboard recycling receptacle
Hazardous material receptacle; waste oil, anti-freeze
Appropriate site ingress/egress from Route 63, developed in consultation with VDOT
Stream bank restoration; potential partners include: © The Nature Conservancy (TNC) © Appalachian Sustainable Development (ASD) © Clinch Valley Soil and Water Conservation District (Lebanon, VA) © Canaan Valley Institute

Design Process

Following is a list of anticipated steps for this project based on past experience with similar projects

Following is a list of general, anticipated steps CDAC envisions for this project.

Project Start-up/ Information Gathering: The design team will gather GIS/mapping information about site. The CDAC

roads, sidewalks, hydrology, flood data, utilities, soil data, easements, wetlands, watersheds, karst, zoning, future land use, etc.

Develop base map(s).

Stakeholder Input:

The CDAC team will meet digitally via Zoom® with the Stakeholders Committee to hear about the project goals and ideas for the transfer station. The CDAC uses Zoom®, an online presentation platform with screen-share capabilities, for digital presentations. A computer with internet access, microphone, and speakers is required. It is recommended that the Stakeholders Committee include at least one person who has hands-on experience with day-today operations of transfer stations in Russell County as well as a representative from VDOT to provide input on the appropriate ingress/egress location(s) to the site.

Develop Preliminary Conceptual Redevelopment Plans for the Former Sun Motors Property: The CDAC team will develop two preliminary conceptual redevelopment plan alternatives for the former Sun Motors property that indicates the locations of elements such as the entrance/exit, drop off areas, attendant building, etc.
Virtual Presentation of Preliminary Conceptual Redevelopment Alternatives with the Stakeholders Committee:
The CDAC team will virtually present the preliminary conceptual redevelopment plans to the Stakeholders Committee for feedback. The CDAC uses Zoom®, an online presentation platform with screen-share capabilities, for digital presentations. A computer with internet access, microphone, and speakers is required.
Finalize Conceptual Redevelopment Plan:

Based on feedback, the CDAC team will revise the preliminary conceptual redevelopment plans into a final conceptual redevelopment plan and prepare supporting drawings to help portray the essence and character of the transfer station area.

Virtual Presentation of Final Conceptual Redevelopment Plan with the

Stakeholders Committee:
The CDAC team will present the final conceptual redevelopment plan and supporting drawings to the Stakeholders Committee. The CDAC uses Zoom®, an online presentation platform with screen-share capabilities, for digital presentations. A computer with internet access, microphone, and speakers is required.

Develop base map(s).

Final Products1

The Community Design Assistance Center will work with a Stakeholders Committee to develop the following deliverables:

Conceptual Redevelopment Plan for the Sun Transfer Station The conceptual redevelopment plan will indicate generally what uses are happening where on the site.
Supporting sketches: Up to Two Supporting sketches will help depict the proposed conceptual design and may include, in part, cross-sections, perspectives, and elevations.
Final Report The final report will describe the design work and include reductions of designs. a) Final Report hard copies (3) b) Link to digital version of the report
Phase I Environmental Assessment Executive Summary (provided by Cardno)
Phase I Environmental Assessment (provided by Cardno)

Estimated Tasks and Timeline2: 5/4/20 – 7/31/20; 13 weeks + 4 weeks no-cost time buffer = 8/31/20)

Date Trip Tasks 5/4/20 – 5/22 (3 wks) Gather base map materials from Russell County,

and/or other sources.3

Cardno coordinates drone aerials and photos of the

site.

Digital meeting with Stakeholders Committee via

Zoom® to discuss project goals/ideas for the transfer station and look at aerial images.

Note existing conditions and opportunities and

constraints.

Prepare base map.

1 This work will be conceptual in nature and will not include any construction drawings or cost estimates.

Products are to be used as a guide when working with the appropriate professional(s). The CDAC cannot be held responsible for inappropriate use of design work.

3 Topographic information at 2-5’ contour intervals must be available through the Town, County, or other sources in order for the Design Center to carry out work as described in this proposal.

Final Products*

The Community Design Assistance Center will work with a Stakeholders Committee to develop the following deliverables:

Conceptual Redevelopment Plan for the Sun Transfer Station The conceptual redevelopment plan will indicate generally what uses are happening where on the site.

Supporting sketches: Up to Two Supporting sketches will help depict the proposed conceptual design and may include, in part, cross-sections, perspectives, and elevations.

Final Report

The final report will describe the design work and include reductions of designs. a) Final Report hard copies (3)

b) Link to digital version of the report

Phase | Environmental Assessment Executive Summary (provided by Cardno)

Phase | Environmental Assessment (provided by Cardno)

Estimated Tasks and Timeline’: 5/4/20 - 7/31/20; 13 weeks + 4 weeks no-cost time buffer = 8/31/20)

Date

Trip Tasks

514/20 — 5/22 (3 wks) Gather base map materials from Russell County,

and/or other sources.”

Cardno coordinates drone aerials and photos of the site.

Digital meeting with Stakeholders Committee via Zoom® to discuss project goals/ideas for the transfer

station and look at aerial images.

Note existing conditions and opportunities and constraints.

Prepare base map,

This work will be conceptual in nature and will not include any construction drawings or cost estimates. Products are to be used as a guide when working with the appropriate professional(s). The CDAC cannot be held responsible for inappropriate use of design work.

adjustment to the on start and/or end dates.

5/25 – 6/19 (4 wks) Develop two preliminary conceptual plan alternatives

for the transfer station.

Digitally present the preliminary conceptual

redevelopment plan alternatives to the Stakeholders Committee via Zoom® for feedback.

6/22 – 7/17 (4 wks) Incorporate comments and refine conceptual

redevelopment.

Digitally present final conceptual redevelopment to

the Stakeholders Committee via Zoom® for feedback.