2021-02-08 17 00-Russell BOS-Regular Meeting-Packet

2021-02-08 17 00-Russell BOS-Regular Meeting-Packet

Document Date: February 8, 2021 Document: 2021-02-08_17_00-Russell_BOS-Regular_Meeting-Packet.pdf

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Agenda Board of Supervisors February 8, 2021

Russell County Page 1

RUSSELL COUNTY

BOARD OF SUPERVISOR’S MEETING

AGENDA – FEBRUARY 8, 2021

BOS Board Room Regular Meeting 5:00 PM

Russell County Governmental Center

Lebanon, Virginia 24266

The Russell County Board of Supervisors Meetings will be held pursuant to the Russell County Emergency Ordinance of April 6, 2020 and amended on September 8, 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 & ROLL CALL – Clerk of the Board

EXECUTIVE SESSION (CLOSED) – Legal – Contractual & 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

NEW BUSINESS

First Amendment Sanctuary Resolution……………………………………………B-1
Approval of Minutes. Consider approval of the minutes of the
following meeting of the Russell County Board of Supervisors….……………B-2

a. Unapproved minutes of January 4, 2021

Approval of Expenditures. Consider approval of expenditures presented

for payment………………………………………………………………………………B-3

Agenda Board of Supervisors February 8, 2021

RUSSELL COUNTY

BOARD OF SUPERVISOR’S MEETING AGENDA - FEBRUARY 8, 2021

BOS Board Room Regular Meeting 5:00 PM

Russell County Governmental Center Lebanon, Virginia 24266

‘The Russell County Board of Supervisors Meetings will be held pursuant to the Russell County Emergency Ordinance of April 6, 2020 and amended on September 8, 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 & ROLL CALL - Clerk of the Board

EXECUTIVE SESSION (CLOSED) - Legal - Contractual & 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

NEW BUSINESS

First Amendment Sanctuary Resolution…
Approval of Minutes. Consider approval of the minutes of the following meeting of the Russell County Board of Supervisors.

a. Unapproved minutes of January 4, 2021

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

Russell County Page 1

Agenda Board of Supervisors February 8, 2021

Russell County Page 2

CITIZEN’S COMMENT PERIOD (Limited to 3 minutes)

CONSTITUTIONAL OFFICER REPORTS AND REQUESTS

COUNTY ATTORNEY REPORTS AND REQUESTS…………………………………………C-1

RC Courthouse Interim Agreement
PSA Rural Development (R&D) Capacity Agreement

COUNTY ADMINISTRATOR REPORTS AND REQUESTS

REPORTS

Virginia Telecommunication Initiative (VATI) Grant……………………………….D-1
VRA Energy Conservation Revenue Bond (VirginiaSAVES Program)…………D-2
VDOT Rte. 678 (Moll Creek) ICAM Permit Application…………………………….D-3
State and Local Economic Interests and Financial Disclosure Statements….D-4
Fiscal Year 21/22 Budget Meeting Schedule………….………………….…………D-5

REQUESTS

Belfast Waterline Extension Project, Phase III Notice…………………………….D-6
Dante Regional Sewer Line Extension Project Application………………………D-7
RC Sheriff Department Fleet Enterprise Proposal…………………………………D-8
VDOT Secondary Highway Six-Year Plan & Construction List.…………………D-9

MATTERS PRESENTED BY THE BOARD

ADJOURNMENT

COUNTY AGENCY / BOARD REPORTS:

• Treasurer’s Report ………………………………………………………………………E • RC IDA …………………………………………………………………………………….F • RC PSA …………………………………………………………………………………… G • Castlewood W&S …………………………………………………………………………H • RC Tourism……………………………………………………………………………….I

Agenda Board of Supervisors February 8, 2021

CITIZEN’S COMMENT PERIOD (Limited to 3 minutes) CONSTITUTIONAL OFFICER REPORTS AND REQUESTS

COUNTY ATTORNEY REPORTS AND REQUESTS…

RC Courthouse Interim Agreement
PSA Rural Development (R&D) Capacity Agreement COUNTY ADMINISTRATOR REPORTS AND REQUESTS

REPORTS

ja Telecommunication Init

Virgi ive (VATI) Grant.
VRA Energy Conservation Revenue Bond (VirginiaSAVES Program).
VDOT Rte. 678 (Moll Creek) ICAM Permit Application.
State and Local Economic Interests and Financial Disclosure Statements…D-4
Fiscal Year 21/22 Budget Meeting Schedule…

REQUESTS

Belfast Waterline Extension Project, Phase Ill Notice…
Dante Regional Sewer Line Extension Project Application…
RC Sheriff Department Fleet Enterprise Proposal.
VDOT Secondary Highway Six-Year Plan & Construction List.

MATTERS PRESENTED BY THE BOARD ADJOURNMENT COUNTY AGENCY / BOARD REPORTS:

Treasurer’s Report. RC IDA. RC PSA Castlewood W&S RC Tourism…

Russell County Page 2

Agenda Board of Supervisors February 8, 2021

Russell County Page 3

• RC Planning Commission ………………………………………………………………J • Conference Center………………………………………………………………………K • RC Fitness Center……………………………………………………………………….L • RC Transportation & Safety……………………………………………………………M • RC Cannery Reports…………………………………………………………………….N • RC Building Inspector……………………………………………………………………O • RC Disposal……………………………………………………………………………….P

Agenda Board of Supervisors February 8, 2021

RC Planning Commission … Conference Center. RC Fitness Cente! RC Transportation & Safety. RC Cannery Reports. RC Building Inspecto RC Disposal

wd K M N Oo P

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) – Legal Discussions concerning Personnel Matters and RC Courthouse Interim Agreement.

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) — Legal Discussions concerning Personnel Matters and RC Courthouse Interim Agreement.

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:

FIRST AMENDMENT SANCTUARY RESOLUTION
OF RUSSELL COUNTY BOARD OF SUPERVISORS

WHEREAS, the Constitution of Virginia Article 1, Section 1 states, “That all men are by nature equally free and independent and have certain inherent rights, of which, when they enter into a state of society, they cannot, by any compact, deprive or divest their posterity; namely, the enjoyment of life and liberty, with the means of acquiring and possessing property, and pursuing and obtaining happiness and safety;” and,

WHEREAS, the Constitution of Virginia Article 1 section 12 states, “That the freedoms of speech and of the press are among the great bulwarks of liberty, and can never be restrained except by despotic governments; that any citizen may freely speak, write, and publish his sentiments on all subjects, being responsible for the abuse of that right; that the General Assembly shall not pass any law abridging the freedom of speech or of the press, nor the right of the people peaceably to assemble, and to petition the government for the redress of grievances;” and,

WHEREAS, Governor Northam, through an unlegislated order, is prohibiting the gathering of more than 10 citizens at a single time; and,

WHEREAS the opinion of the Russell County Board of Supervisors is this order violates the Constitution of Virginia Article 1, sections 1 and 12; and,

WHEREAS, the Russell County Board of Supervisors disagrees that the Governor’s order complies with the requirements of the Constitution of Virginia, more specifically, Article 1 section 2 which states, “That all power is vested in, and consequently derived from, the people, that magistrates are their trustees and servants, and at all times amenable to them;” and,

WHEREAS, the Russell County Board of Supervisors wishes to express its deep commitment to the freedoms enumerated in the Bill of Rights; including the rights of all citizens of Russell County to peaceably assemble and to engage in commerce for the financial support of themselves and their families, and

WHEREAS, the Russell County Board of Supervisors wishes to express opposition to any order or law that would unconstitutionally restrict the rights of the citizens of Russell County, and

WHEREAS, the Russell County Board of Supervisors wishes to express its intent to stand as a Sanctuary County for the Bill of Rights and the First Amendment; and to oppose, within the limits of the Constitutions of the United States and the Commonwealth of Virginia, any efforts to unconstitutionally restrict such rights, and to use such legal means at its disposal to protect the rights of the citizens of Russell County to freely exercise their religion; to peaceable assemble; to freely engage in commerce; to free movement of persons; and any other individual liberty recognized as belonging to the People.

FIRST AMENDMENT SANCTUARY RESOLUTION OF RUSSELL COUNTY BOARD OF SUPERVISORS

WHEREAS, Governor Northam, through an unlegislated order, is prohibiting the gathering of more than 10 citizens at a single time; and,

WHEREAS the opinion of the Russell County Board of Supervisors is this order violates the Constitution of Virginia Article 1, sections 1 and 12; and,

WHEREAS, the Russell County Board of Supervisors wishes to express opposition to any order or law that would unconstitutionally restrict the rights of the citizens of Russell County, and

NOW, THEREFORE, BE IT RESOLVED by the Board of Supervisors of Russell County, Virginia:

The Russell County Board of Supervisors hereby declares Russell County, Virginia, as a “First Amendment Sanctuary” and expresses its intent to uphold the First Amendment and other clearly established rights of the People of Russell County, Virginia.
The Russell County Board of Supervisors hereby expresses its intent that no Russell County funds will be used to violate the First Amendment and other clearly established rights of the People of Russell County.
The Russell County Board of Supervisors hereby expresses its intent to pursue all legal avenues to protect the First Amendment and other clearly established rights of the People of Russell County.
The Russell County Board of Supervisors supports local law enforcement who support the clearly established rights of the People, and pledge to work in conjunction with the Sherriff to pursue all legal avenues to ensure the First Amendment and other clearly established rights of the People of Russell County are protected and preserved.

CERTIFICATION OF ADOPTION OF RESOLUTION The undersigned Clerk of the Board of Supervisors of the County of Russell, Virginia hereby certifies that the Resolution set forth above was adopted during an open meeting on January 4, 2021, by the Board of Supervisors with the following votes:

Aye:

Nay:

Signed this _____ day of_____________, 2021.

By: ______________________________________ Clerk, Board of Supervisors

NOW, THEREFORE, BE IT RESOLVED by the Board of Supervisors of Russell County, Virginia

The Russell County Board of Supervisors hereby declares Russell County, Virginia, as a “First Amendment Sanctuary” and expresses its intent to uphold the First Amendment and other clearly established rights of the People of Russell County, Virginia.
The Russell County Board of Supervisors hereby expresses its intent that no Russell County funds will be used to violate the First Amendment and other clearly established rights of the People of Russell County.
The Russell County Board of Supervisors hereby expresses its intent to pursue all legal avenues to protect the First Amendment and other clearly established rights of the People of Russell County.
The Russell County Board of Supervisors supports local law enforcement who support the clearly established rights of the People, and pledge to work in conjunction with the Sherriff to pursue all legal avenues to ensure the First Amendment and other clearly established rights of the People of Russell County are protected and preserved.

CERTIFICATION OF ADOPTION OF RESOLUTION

The undersigned Clerk of the Board of Supervisors of the County of Russell, Virginia hereby certifies that the Resolution set forth above was adopted during an open meeting on January 4, 2021, by the Board of Supervisors with the following votes:

Aye:

Nay:

Signed this, day of. 2021.

By:

Clerk, Board of Supervisors

 Board of Supervisors                       Action Item B-1

137 Highland Drive Presenter: Chairperson Lebanon, VA 24266

     Meeting: 2/8/21           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:

• January 4, 2021 Board Minutes

STAFF RECOMMENDATION(s): Board discretion

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

ATTACHMENTS:

• Board Minutes

Board of Supervisors Action Item B-1

137 Highland Drive Presenter: Chairperson Lebanon, VA 24266 Meeting: 28/21 6:00 PM

Approval of Minutes

Request approval of the minutes from the following meeting: « January 4, 2021 Board Minutes

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

January 04, 2021

A regular monthly meeting of the Russell County Board of Supervisors was held on Monday, January 04, 2021 at 6:00 pm at the Russell County Conference Center in Lebanon, Virginia.

The Clerk called the meeting to order.

Roll Call by the Clerk:

Present: Tim Lovelace Lou Wallace Carl Rhea (participated by phone due to COVID-19 quarantine) David Eaton Steve Breeding Rebecca Dye Oris Christian

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

Absent: None

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

APPROVAL OF THE AGENDA

Motion made Steve Breeding, second Lou Wallace and duly approved by the Board of Supervisors to approve the agenda as amended.

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

PUBLIC HEARING HELD ON THE VDOT SECONDARY SYSTEM (SIX YEAR PLAN)

Pursuant to being advertised in a local newspaper for (2) two consecutive weeks a public hearing was held on the VDOT Secondary System Construction Program (six-year plan).
The Chair opened the public hearing.

Jeff Buchanan, VDOT commented that no new projects were added. This will be a continuation of last year’s plan.

Hearing no other comments, the public hearing was closed.

January 04, 2021.

A regular monthly meeting of the Russell County Board of Supervisors was held on Monday, January 04, 2021 at 6:00 pm at the Russell County Conference Center in Lebanon, Virginia.

The Clerk called the meeting to order.

Roll Call by the Clerk:

Present:

Tim Lovelace

Lou Wallace

Carl Rhea (participated by phone due to COVID-19 quarantine) David Eaton

Steve Breeding

Rebecca Dye

Oris Christian

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

Absent: None

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

Motion made Steve Breeding, second Lou Wallace and duly approved by the Board of Supervisors to approve the agenda as amended,

The vote was:

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

PUBLIC HEARING HELD ON THE VDOT SECONDARY SYSTEM (SIX YEAR PLAN) Pursuant to being advertised in a local newspaper for (2) two consecutive weeks a public hearing was held on the VDOT Secondary System Construction Program (six-year plan).

The Chair opened the public hearing.

Jeff Buchanan, VDOT commented that no new projects were added. This will be a continuation of last year’s plan.

Hearing no other comments, the public hearing was closed.

PUBLIC HEARING HELD ON THE RUSSELL COUNTY COURTHOUSE CONSTRUCTION PROPOSALS

Pursuant to being advertised in a local newspaper for (2) two consecutive weeks, a public hearing was held on the Russell County Courthouse Construction Proposals.

The Chair opened the public hearing, hearing no comments the public hearing was closed.

Organizational Meeting

Chairperson Rebecca Dye relinquished the Chair to the Clerk of the Board. The Clerk took nominations for Chairperson for the 2021 calendar year.

REBECCA DYE ELECTED CHAIRPERSON

David Eaton nominated Steve Breeding Tim Lovelace nominated Rebecca Dye

The vote was: Rebecca Dye: (4) four votes - Tim Lovelace, Lou Wallace, Oris Christian and Rebecca Dye Steve Breeding: (3) three votes – Carl Rhea, David Eaton, and Steve Breeding

Rebecca Dye was elected Chairperson for calendar year 2021.

The Clerk relinquished the Chair back to Rebecca Dye

TIM LOVELACE ELECTED VICE-CHAIRMAN

David Eaton nominated Steve Breeding Lou Wallace nominated Tim Lovelace

The vote was: Tim Lovelace: (4) four votes - Lou Wallace, Oris Christian, Rebecca Dye and Tim Lovelace Steve Breeding: (3) three votes – David Eaton, Carl Rhea and Steve Breeding

Tim Lovelace was elected Vice-Chairman for the 2021 calendar year.

LONZO LESTER APPOINTED CLERK AND VICKI PORTER APPOINTED DEPUTY CLERK

Motion made by David Eaton, second Steve Breeding and duly approved by the Board of Supervisors to appoint Lonzo Lester as Clerk of the Board and Vicki Porter as Deputy Clerk for the 2021 calendar year.

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

PUBLIC HEARING HELD ON THE RUSSELL COUNTY COURTHOUSE CONSTRUCTION PROPOSALS

Pursuant to being advertised in a local newspaper for (2) two consecutive weeks, a public hearing was held on the Russell County Courthouse Construction Proposals.

The Chair opened the public hearing, hearing no comments the public hearing was closed.

Organizational Meeting

Chairperson Rebecca Dye relinquished the Chair to the Clerk of the Board. The Clerk took nominations for Chairperson for the 2021 calendar year.

REBECCA DYE ELECTED CHAIRPERSON

David Eaton nominated Steve Breeding Tim Lovelace nominated Rebecca Dye

The vote was:

Rebecca Dye: (4) four votes - Tim Lovelace, Lou Wallace, Oris Christian and Rebecca Dye Steve Breeding: (3) three votes ~ Carl Rhea, David Eaton, and Steve Breeding

Rebecca Dye was elected Chairperson for calendar year 2021.

The Clerk relinquished the Chair back to Rebecca Dye

‘TIM LOVELACE ELECTED VICE-CHAIRMAN

David Eaton nominated Steve Breeding Lou Wallace nominated Tim Lovelace

The vote was: Tim Lovelace: (4) four votes - Lou Wallace, Oris Christian, Rebecca Dye and Tim Lovelace Steve Breeding: (3) three votes - David Eaton, Carl Rhea and Steve Breeding

Tim Lovelace was elected Vice-Chairman for the 2021 calendar year.

LONZO LESTER APPOINTED CLERK AND VICK! PORTER APPOINTED DEPUTY CLERK

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

ROBERTS RULES OF ORDER ADOPTED BY THE BOARD

Motion made by Tim Lovelace, second Lou Wallace and duly approved by the Board of Supervisors to adopt Roberts Rules of Order for the 2021 calendar year.

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

RUSSELL COUNTY BY-LAWS ADOPTED BY THE BOARD

Motion made by David Eaton, second Lou Wallace and duly approved by the Board of Supervisors to adopt the Russell County Bylaws as presented.

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

APPROVAL OF THE BOS MEETING SCHEDULE FOR CALENDAR YEAR 2021

Motion made by David Eaton, second Carl Rhea and duly approved by the Board of Supervisors to set the meeting schedule for calendar year 2021 for the first Monday of each month beginning with Executive (closed) Session, if necessary, at 5:00 pm, followed by the regular meeting at 6:00 pm.

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

MOTION TO APPROVE THE 1ST AMENDMENT SANCTUARY COUNTY RESOLUTION

Motion made by Steve Breeding, second David Eaton to approve the 1st Amendment Sanctuary County resolution as presented.

SUBSIDIARY MOTION APPROVED TO POSTPONE THE VOTE ON THE 1ST AMENDMENT SANCTUARY COUNTY RESOLUTION

A subsidiary motion was made by Lou Wallace, second Tim Lovelace and duly approved by the Board of Supervisors to postpone the 1st Amendment Sanctuary County Resolution vote indefinitely.

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

APPROVAL OF THE DECEMBER 09, 2020 MINUTES

Motion made by Steve Breeding, second Tim Lovelace and duly approved by the Board of Supervisors to approve the December 09, 2020 minutes and dispense with the reading thereof.

ROBERTS RULES OF ORDER ADOPTED BY THE BOARD.

Motion made by Tim Lovelace, second Lou Wallace and duly approved by the Board of Supervisors to adopt Roberts Rules of Order for the 2021 calendar year.

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

RUSSELL COUNTY BY-LAWS ADOPTED BY THE BOARD

Motion made by David Eaton, second Lou Wallace and duly approved by the Board of Supervisors to adopt the Russell County Bylaws as presented.

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

Nay: None

APPROVAL OF THE BOS MEETING SCHEDULE FOR CALENDAR YEAR 2021.

Motion made by David Eaton, second Carl Rhea and duly approved by the Board of Supervisors to set ‘the meeting schedule for calendar year 2021 for the first Monday of each month beginning with Executive (closed) Session, if necessary, at 5:00 pm, followed by the regular meeting at 6:00 pm.

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

MOTION TO APPROVE THE 1°" AMENDMENT SANCTUARY COUNTY RESOLUTION

Motion made by Steve Breeding, second David Eaton to approve the 1* Amendment Sanctuary County resolution as presented.

SUBSIDIARY MOTION APPROVED TO POSTPONE THE VOTE ON THE 1°" AMENDMENT SANCTUARY COUNTY RESOLUTION

A subsidiary motion was made by Lou Wallace, second Tim Lovelace and duly approved by the Board of Supervisors to postpone the 1 Amendment Sanctuary County Resolution vote indefinitely.

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

‘APPROVAL OF THE DECEMBER 09, 2020 MINUTES

Motion made by Steve Breeding, second Tim Lovelace and duly approved by the Board of Supervisors to approve the December 09, 2020 minutes and dispense with the reading thereof.

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

APPROVAL OF GENERAL COUNTY INVOICES

Motion made by David Eaton, second Carl Rhea and duly approved by the Board of Supervisors to approve general county invoices in the amount of $649,933.63, including reoccurring and withholdings.

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

APPROVAL OF CALENDAR YEAR 2021 PRE-AUTHORIZED PAYMENTS LIST

Motion made by Tim Lovelace, second Lou Wallace and duly approved by the Board of Supervisors to approve the 2021 calendar year list of pre-authorized payments as presented.

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

The Chairperson appointed Tim Lovelace and Rebecca Dye to the Budget/Finance Committee for calendar year 2021. Steve Breeding and Tim Lovelace were appointed to the insurance committee.

KELSEY KING APPOINTED SPEARHEAD TRAILBLAZERS BOARD

Motion made by Lou Wallace, second Tim Lovelace and duly approved by the Board of Supervisors to appoint Kelsey King to the Spearhead Trailblazers Board for a (4) four-year term, said term ending January 04, 2024.

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

Citizens’ Comment

Michelle Vance, Lebanon stated that she was disappointed with the way the Board voted tonight on Chair and Vice-Chairman. She questioned the Emergency Management Coordinator’s job status and why he would be allowed to get overtime. She thinks that the Board does not support small business owners in the county since the 1st amendment resolution was not voted on tonight.

Kelly McBride Delph, RCPL thanked the BOS for the Imagination Library appropriation. She then commented (as a county resident) about the 1st Amendment Sanctuary Resolution’s language that could result in more money being spent, she thinks the county cannot afford to take that on.

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

APPROVAL OF GENERAL COUNTY INVOICES,

Motion made by David Eaton, second Carl Rhea and duly approved by the Board of Supervisors to approve general county invoices in the amount of $649,933.63, including reoccurring and withholdings.

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

APPROVAL OF CALENDAR YEAR 2021 PRE-AUTHORIZED PAYMENTS LIST

Motion made by Tim Lovelace, second Lou Wallace and duly approved by the Board of Super approve the 2021 calendar year list of pre-authorized payments as presented,

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

The Chairperson appointed Tim Lovelace and Rebecca Dye to the Budget/Finance Committee for calendar year 2021. Steve Breeding and Tim Lovelace were appointed to the insurance committee.

KELSEY KING APPOINTED SPEARHEAD TRAILBLAZERS BOARD

The vote was:

‘Aye: Tim Lovelace, Rebecca Dye, Lou Wallace, Carl Rhea and Oris Christian Nay: None Abstain: Da

Eaton and Steve Breeding Citizens’ Comment

Kelly McBride Delph, RCPL thanked the BOS for the Imagination Library appropriation. She then commented (as a county resident) about the 1 Amendment Sanctuary Resolution’s language that could result in more money being spent, she thinks the county cannot afford to take that on

Nate Kiser, Lebanon stated his disappointment with the vote on the 1st Amendment Sanctuary Resolution. Small business’ in the county are suffering and in his opinion the Board is not supporting them.

Shawn Vance, Lebanon stated his disappointment with the way the Board voted on Chair, Vice- Chair, and that the 1st amendment sanctuary resolution was not voted on.

Jess Powers, Emergency Management Coordinator asked the Board to consider hiring a part time coordinator in his department as opposed to the full-time position that was approved previously.
Adding that this would save money on benefits and the person would work as needed. He commented that if his job status changed to a salaried employee, the county may not be eligible to be reimbursed for his time when he has overtime.

Lynn Hess, Swords Creek says that he is disappointed in the way the Board voted tonight in the organizational part of the meeting. He also stated that the 1st Amendment Sanctuary should have been approved.

Larry Hughes, Lebanon commented that he is a small business owner, and he has suffered greatly over the last few months. He disagrees with the Board not voting on the resolution tonight.

The Chairperson closed citizens’ comment.

County Attorney Reports and Requests

Katie Patton, County Attorney asked that the Russell County Rural Development Capacity Agreement be approved.

APPROVAL OF THE RUSSELL COUNTY PSA RURAL DEVELOPMENT CAPICITY AGREEMENT

Motion made by Steve Breeding, second David Eaton and duly approved by the Board of Supervisors to approve the Russell County Public Service Authority Rural Development (R&D) Capacity Agreement subject to County Attorney approval.

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

County Administrator Reports and Requests

APPROVAL OF THE 2021/2022 BUDGET MEETING SCHEDULE

Motion made by Tim Lovelace, second Lou Wallace and duly approved by the Board of Supervisors to approve the 2021/2022 budget meeting schedule as presented.

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

Nate Kiser, Lebanon stated his disappointment with the vote on the 1* Amendment Sanctuary Resolution. Small business’ in the county are suffering and in his opinion the Board is not supporting them.

‘Shawn Vance, Lebanon stated his disappointment with the way the Board voted on Chi and that the 1 amendment sanctuary resolution was not voted on.

; Vice-Chair,

Jess Powers, Emergency Management Coordinator asked the Board to consider hiring a part time coordinator in his department as opposed to the full-time position that was approved previously. ‘Adding that this would save money on benefits and the person would work as needed. He commented that if his job status changed to a salaried employee, the county may not be eligible to be reimbursed for his time when he has overtime.

Lynn Hess, Swords Creek says that he is disappointed in the way the Board voted tonight in the organizational part of the meeting, He also stated that the 1 Amendment Sanctuary should have been approved.

Larry Hughes, Lebanon commented that he is a small business owner, and he has suffered greatly over the last few months. He disagrees with the Board not voting on the resolution tonight.

The Chairperson closed citizens’ comment.

County Attorney Reports and Requests

Katie Patton, County Attorney asked that the Russell County Rural Development Capacity Agreement be approved.

APPROVAL OF THE RUSSELL COUNTY PSA RURAL DEVELOPMENT CAPICITY AGREEMENT

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

County Administrator Reports and Requests APPROVAL OF THE 2021/2022 BUDGET MEETING SCHEDULE

Motion made by Tim Lovelace, second Lou Wallace and duly approved by the Board of Supervisors to approve the 2021/2022 budget meeting schedule as presented.

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

APPROVAL TO PURCHASE A DISPOSAL TRUCK FOR THE SOLID WASTE DEPARTMENT

Motion made by Tim Lovelace, second Carl Rhea and duly approved by the Board of Supervisors to approve the purchase of a disposal truck replacement for the Solid Waste Department.

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

APPROVAL OF A DCJS VIOLENCE AGAINST WOMEN GRANT IN THE AMOUNT OF $57,028

Motion made by David Eaton, second Steve Breeding and duly approved by the Board of Supervisors to accept and appropriate a DCJS Violence Against Women Act Grant in the amount of $57,028.

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

APPROVAL TO CANCEL THE JANUARY 13 BOS MEETING AND RESCHULE THE REGULAR MEETING FOR FEBRUARY 08, 2021

Motion made by Steve Breeding, second Tim Lovelace and duly approved by the Board of Supervisors to cancel the scheduled Board meeting that was to be held on January 13, 2020 and to move the regularly scheduled meeting from February 01 to February 08, 2021 beginning at 5:00 pm.

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

APPROVAL OF THE GEO TECHNICAL EVALUATION SERVICES

Motion made by Steve Breeding, David Eaton and duly approved by the Board of Supervisors to approve
Geo-Technical Evaluation Services for the Russell County Courthouse Project in the amount of $10,344.

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

APPROVAL TO PLACE THE 1ST AMENDMENT SANCTUARY RESOLUTION ON THE AGENDA FOR FEBRUARY 08, 2021

Motion made by Tim Lovelace, second Carl Rhea and duly approved by the Board of Supervisors to place the 1st Amendment Sanctuary Resolution on the February 08, 2021 meeting agenda.

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

APPROVAL TO PURCHASE A DISPOSAL TRUCK FOR THE SOLID WASTE DEPARTMENT

Motion made by Tim Lovelace, second Carl Rhea and duly approved by the Board of Supervisors to approve the purchase of a disposal truck replacement for the Solid Waste Department.

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

APPROVAL OF A DCIS VIOLENCE AGAINST WOMEN GRANT IN THE AMOUNT OF $57,028

Motion made by David Eaton, second Steve Breeding and duly approved by the Board of Supervisors to accept and appropriate a DCJS Violence Against Women Act Grant in the amount of $57,028.

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

APPROVAL TO CANCEL THE JANUARY 13 BOS MEETING AND RESCHULE THE REGULAR MEETING FOR FEBRUARY 08, 2021.

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

‘APPROVAL OF THE GEO TECHNICAL EVALUATION SERVICES

Motion made by Steve Breeding, David Eaton and duly approved by the Board of Supervisors to approve Geo-Technical Evaluation Services for the Russell County Courthouse Project in the amount of $10,344.

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

APPROVAL TO PLACE THE 1" AMENDMENT SANCTUARY RESOLUTION ON THE AGENDA FOR FEBRUARY 08, 2021.

Motion made by Tim Lovelace, second Car! Rhea and duly approved by the Board of Supervisors to place the 1 Amendment Sanctuary Resolution on the February 08, 2021 meeting agenda.

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

APPROVAL TO ADJOURN

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

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

Clerk of the Board Chairperson

APPROVAL TO ADJOURN

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

The vote was:

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

Clerk of the Board Chairperson

                                                  Board of Supervisors                         Action Item B-2

137 Highland Drive Presenter: Chairperson Lebanon, VA 24266

    Meeting: 2/8/21          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 January 2021 Monthly Expenditures:

STAFF RECOMMENDATION(s):
County’s January 2021 Monthly Expenditures are in compliance with budget and operational

services.

SUGGESTED MOTION(s): Motion to approve County’s January 2021 Monthly Expenditures.

ATTACHMENTS:

• January 2021 Monthly Expenditures

Board of Supervisors Action Item B-2

137 Highland Drive Presenter: Chairperson Lebanon, VA 24266 Meeting: 2/8/21 6:00 PM

Approval of Expenditures Request approval of the County’s January 2021 Monthly Expenditures:

STAFF RECOMMENDATION(s): County’s January 2021 Monthly Expenditures are in compliance with budget and operational

services.

SUGGESTED MOTION(s): Motion to approve County’s January 2021 Monthly Expenditures.

ATTACHMENTS:

January 2021 Monthly Expenditures

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

2/08/2021

2/08/2022 2/08/2022 2/08/2021 2jos/aeaa

2/08/2021 2/08/2021

2/08/2021, 2/08/2021

2/08/2023 2/08/2021 2/08/2021

2/08/2021 2/00/2021 2/08/2021 2/08/2021 2/08/2023 3708/2021 2/08/2021 2/08/2022 2/08/2023 2/08/2023 2/08/2021 2/08/2023 2708/2021 2/08/2021 2/08/2021 2706/2021 2/08/2024 2/06/2023 2/08/2023 2/08/2021 270

2/0/2021 2/09/2022 2/08/2021 2/08/2021 2/00/2022 2/08/2022

2/01/2022

weAg/2028

ayia/2en. afas2o21 33/10/2020 1/20/2022

12/17/2020 4709/2021

12/19/2020 3/15/2021

a/a2/20at 2/28/2021 3/23/2023

apna/2o22 8/20/2020 11/18/2020 tyoe/2021 2/07/2021 3703/2021 3709/2021 3/07/2024 3707/2021 3/14/2023 ipiey2o23 a/ne/z0a3 ayre/2021 a/hes202i 1/38/202 1/2isa0a1 2/21/2021 i/ay/a0ai 2/22/2021 3/23/2021 3/25/2021

2/02/2023 3/25/2021 113/202 3/39/2021 aya6/202

a/n4/2020

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A/P CASH REQUIREMENTS PRE-LIST COMPANY #-001

1ROR977965 303

Hs1670908 Hsievaese

560s oazezoa

foss2a7s36 foerzavaas ‘onis97662 fop2ea7686 fovaeareso So7gaa7i2 073069739 so73069759 093069822 ‘opa07e010 093252663 foraerssee So7se7eze7 doraereees forasce7ee

2012021 1001268 eoz229

2082021

Fompta100 cuass __onoss_awr ET AMOUNT G/L AccOUEE 25-00 35.00 #200-031020-5430- 25.00 25.00 + reeled e441 _4100-031020-5202- 11a 131146 "4100-o72010-3008- Ferered ailas « 30100 ‘30100 _4200-0:3010-7002~ 50.00 50.00 * 340-00, 140100 _«200-09¢020-8030- 20/00, 310.00 "¢100-c42020-5e23- 510.00, 310.00 _4100-oaz010-5e13- preaerd ‘Bae "4200-osz020-5e08- Fereer) foalzo ¢3007932020-sa05- 3elee aialse + 273139, 373139 _«100-012020-5413. i99"33 175.39 * f00"00 ‘490.00 _4100-013020-3002- 265/00, 365.00 4100-o1z010-5401- 38.33 38.93 <200-043020-3008- 27100 Gnlea 4200-0e3020-s008- 230.78 ‘{oo-oe3e20-3008- 38.93 ‘tee-eaaeze-3008- 35.58 ‘$100“o43020-3008- anize ‘oo-o43020-2008. ee9 ‘hoo o¢3020-301 $023, btl25 S200-0a3020-3008 235.78 238178 ¢1a0-043020- 3008. Bes ‘Bela 4200-0e3020-3008- 56.66 Seve <200-o43020-3008- Sele3 100-043020-3008- 35/8 4200-043020-2008- 240.0¢ 4100-043020-3008- Sels3 4200-0e3020-3008- Ge.92 d200-oa3020-3008 $4.29 200-ca3oz0-3008 $338 <100-oea020-s008 erie d1og-os3020-3008 253198 4100-oa30z0-3008- 3e93 s100-0e3020-3008- ae 1981183 © 337.67 _4300-023010-1008- 337.67 + '4200-032020-3005- iholaa © 200100 _4100-043020-s001- 2,650.00 2,680100 _4100-021050-3002- 39,512.49 59/$12/49 _4100-042020-3002- 59,512.49 59,512.43 + $45.00 $45.00 4100-051020-s40

p06 2/03/2023

DUE parE 2708/2021 2708/2021 2/08/2021

2/08/2022 2/08/2021 3708/2023 2/08/2021 2/00/2023, 2/08/2024 2/08/2021 2/08/2021 2/08/2021 2/08/2021 3708/2021 2/08/2021 2/08/2023 2/08/2023 2708/2021 2/08/2021 2708/2021 2/08/2021 2/08/2021 2/08/2021 2/08/2022 2/08/2021 2/08/2021 2/08/2021 2708/2022 2/08/2021 2/08/2021 2/08/2021 2/08/2021 2/00/2021 2/08/2021

2/08/2021, 2/08/2021, 2/08/2023 2/08/2021 2/oa/2023 2/08/2022 2/08/2023 2/08/2023 2/08/2021

2708/2021, 2/08/2023

2708/2021 2/08/2021, 2/08/2021, 2/08/2023 2/08/2023 2/08/2021

2708/2022

3708/2023

2/08/2023

ia/aisa0a0 2/35/2021 3/20/2021

32/22/2020 32/21/2020 32/21/2020 32/28/2020 32/28/2020 32/23/2020 32/23/2020 12/22/2020 1yoa/2021 iyoe/a0a1 2/03/2021 3/32/2021 S/any2021 3/36/2021 3/35/2021 3/15/2022 3/13/2023 2/39/2021 1/23/3021 1/22/2021 2/26/2021 2/26/2021 2/29/2021 3/05/2021 3/08/2021 3705/2021 3/07/2023 1708/2022 3/08/2021 ayaayzo2 tizy202 ayt3/a0at rasy2oa1 2/is/2021 3/6/3021 3/19/2021 3/39/2022 3/39/3022 3/22/2023 3/26/2021 3/38/2020 32/02/2020 12/01/2020 12/08/2020 12/09/2020 2/32/2021 3/15/202 3/26/2021 3/26/2023 3/26/2023 3/28/2023

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‘aootss DISCOUNT THRE C

600293,

p03 ponies 800398 ba0298 200138 00198 booise 000138 bo0398 bo0258 200298 so0ase priser] 0018 500138 ponies 500298 bonis 800298 00238 00238 200138 bo0298 bo0298 00198 9018 00138 bo0i38 bo0298 ba0298

biscousr DISCOUNT

oxeron Bowanzon orernron DonaxzOn DOMINION BoMINroH DOMINION Bownron BouratoN BowanzoN Dowenzon Domanzon DOMINION BoMINTON SoINTON Doutsron Boxrron Dosenon Domsnzon DOMINION oINroN BoMrszon DOMINION Bowne Bowratzon DomENZON Bonanzon DOMINION Bonaszon DONTNTON ourron BowanroN Douro DOMINION DonENZON Donanaon OMINTON SoMINTON DoraroN BOMENTON

THEE Time € THRE €

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A/P CASH REQUIREMENTS PRE-LIST

mivorce 5367

anaes 227569 327680 inners ease iar72 128200 320345, saeea2 Yass12 issn 128706 eva 337907 ise isoco isost 129206 iaea3e 326287 perry iaesre 1aees 326849 Fert 321286 perrrel 128693, eres

compay #00: FUNDe«100 pce 2 nos aM. __NET aNouNT Gf Accomm Pot 41-00 BHi.00 e1OD-OsT0m-sa08- = $30.30, Sselso ¢1ao-osz0z0-se08- == fos 38 23188 1o0-osi020-s408- 2,654.48, parreety Seals $08°39 a1o0-osz0s0-seox- == 1378 $3.78 iis ele a2oo-asz0so-saor- = ait isle Gioo-piaise-seor- > 109133, aogls3 4100-032330-seo- $3.63 {3iea (ios-oazore-seoa- > peers 22193 fido-ozio60-seor- == 86198 f4lg9 100-0320s0-se0- ts p23 dipo-oaiceo-seai- >= 83.00 83100 aLoo-casczo-saos- == 3138 3i38 4i00-o2i060-senr- == 200.00 200100 €i00-035050-sa0t- == pesery Yotleo ‘2o9-oa010-se02- 208.39 208.39 éigo-oszago-seon- >= Garis? iarisy ioo-eizaie-seor- => 219 17.29 aroo-caieo-seai- >= isa 45132 s100-o1z010-seot- == 33180 also dioa-oszese-saoi- == 38.38 3e.3 io0-o720i0-s408- 8132 3.92 sico-nla0u0-s402- =~ 295198 a9siaa €gcoaz020-seon- > fase ‘eles eied-o1z010-5403- islss 25133 foocozeiesann- == 107/38 sorias floo-oatozo-seol- > tees Seles sioo-osiezo-saoi- > 39130 39180 dioo-osioz0-sao1- = pereesd abiss ¢loo-oazoz0-s402- > 255.00 83.00 #100-032020-s402- test fersi 4100-osn0z0-s402- > 4502 45.1 iec-eaieze-seot- > iso i1’s0 41o0-osi0z0-sao1- == 35.38 35198 aioo-csioz0-saol- = pet) Sle sioocosioz0-seot- == 20a 20.48 G200-0sz0z0-saor- = iis {als Goo-esieze-seoz- >= 35150 35130 si0q-oai020-se02- == 53 6s Sries qioo-oaiea0-seaa- = 3385 B3lss ioo-osiez0-seot- = 67196 @7196 sio0-oaub20-san1- > 32.60 $2.0 azoe-esiez0-sani- == 36a 3el2 s200-012090-sa0z- == 168.99, 368/99 @i00-022090-s402– 499.93 499193 ¢ia0-022020-5e0n- == 26153, ‘2e.53 4100-012090-¢02- = 39.20 3rl20 ‘1e0-o120s0-secr- = 746100, 746100 flop-oaioie-seol- >> 232.42 2aale2 si00-o1z090-seor- = hae inlay dzoa-orsez0-sani- > aang 32713 €i00-o3s0s0-se0s- >> 23743 2274s f1a-o22020-se01- == 300739, 200199 tiao-oza020-s¢0- >

aposo 2/01/2021

“Broejz0ai 2/08/2021,

2/oe/202t 2/08/2022 2/09/2021 2yos/2021 2/08/2021

2/08/2021 2/08/2023 2/08/2021 2/08/2021 3/08/2023 2/08/2021 2/08/2021 2/08/2021 2705/2023

2/08/2021 2/00/2021 2/09/2021 2/08/2022

2/08/2021 2708/2021 2/08/2023, 2708/2021 2/08/2021 2708/2021 2/06/2021 2/08/2021 2/08/2021 2708/2022 2/08/2023 2/08/2021 2/08/2021 2/08/2021 2/08/2021,

2/08/2021 2/08/2022 2/06/2022

2/08/2021 2/08/2021

“URiz0at 1/29/2023

32/31/2020 2/08/2021 2/09/2021 1/07/2021 2/31/2023,

11/20/2023 12/28/2021 22/28/2021 32/30/2021 Syos/2021 3/08/2021 706/202 3/32/2021 i7is/202

ayoe/acaa 22/18/2021 3/05/2021 s/0r/2023

0/22/2020 1/22/2023 i7as/2022 1/22/2023 1/22/2021 1/96/2022 3/22/2021 2/06/2021 3/23/2021 3/21/2023 3722/2021 3/22/2021 723/223 3/21/2021 )22/2021

1/19/2021 2/26/2021 32/04/2021

asaz/2022 3/21/2023

|A/P CASH REQUIRENENTS PRE-LIST COMPANY #-001 FUND#AI00 pase 3 venpos mwvorce \gRoss ar. __NET AMOUNT G/z nccouse Pot Do01ss DOMINION OFFICE ize7«3 30-39, ‘3e-39 4100-072010-s40s- – 00188 Dowinion OFFICE 128858 221.58 gailss 4100-012090-se01- == 5,587/30 5,587.90 * 003938 DRAPER ADEN ASS 2020220576 2396.90 296.70 ¢100-082020-3090- ~~ 04666 ENTERPRISE FLEE 69787267 9,753.96 2,359.98 4100-032020-s408- =~ 8,753.36 5,753.96 + 04619 EQUATURE/DSS CO 23711 Si2i2.20 Si2i2i20 "4100-032050-3008- =~ 3/212 20 51212 (20 + 00235 FLOWER COUNTRY 002148 35.00, 35.00 4zo0-cuzo10-sexs- =~ 33.00 35.99 + vosez2 FRIENDLY TIRE 177302 iolat felai “axo0-osa0z0-seos- – Frets folai oovess cat’s, unc 26998383, 188195 188195 "4100-032020-se09- =~ Sooesé caui’s, ice 17280063, 3138 $1138 éeo-oaie20-seas- == Gooess GALL’S, Luc 17289678 26.12 ‘ella 4100-031020-5409- = Soossd Gate’s, ate 7a2az3, 46199 34199 dloo-oaz020-se09- = Sooase GALL’S, Lie 17346416 35.00 slo Sioo-osiezo-saos- = Booase Gates, tic 7aen772, preety {hlse dioc-canez0-seos- = booase GALLS, Cue 17377818 366-60 16.60 4200-031020-5¢09- => booasé eniz’s, ike 17380705, e292 salsa €igo-032020-5e09- == booess GALLS, Exe 27434276 36.00 Se.00 s1ce-oaioz0-se03- == 78 46 75.45 + 0023s Has-r7 anazao perers Sell “aroo-ozror0-2008- =~ 004627 HOLSTON MEDICAL 94850 75:00, 5100 “4200-092020-s408- =~ 35.00 3599 + 0664 HOME TOMY HARDW 22466 32.55 32iss eeo-o7a040-s607- =~ 900209 HONAKER FLORIST 2808 30:00 50.00 4z00-oi2010-se13- =~ vo2ags zxwovaTIVE TECH 2547 1,908/50 4,908.80 4z00-032300-3002- =~ bo386e INNOVATIVE TECH 2595 262.50 ‘2621s ¢100-072020-3009- == boseee INNOVATIVE Tec 2635 75.00 ‘Velo 200-03400-5402- 03866 TaNOVATIVE TECH 2637 92/80, seaise ¢igo-017300-3002- == Go3eee INNOVATIVE TecH 2639 3.262150 a,legiso s1o-12300-3002- >= Coase SHNOVATIVE TuCH 2641 is0"00, {60100 4loo-oe1os0-ao0e- == Soasee sNNovarive TECH 2642 32/80 $0 dloo-olasco-3002- == Soaese IHNOVATIVE TECH 2644 300.00 00.00 s:00-013020-3002- = Seasce smmovaTive TECH 2652 37/s0 S7iso 2og-o22010-sas- = boaees INNOVATIVE TECH 2658 22150, 112182 ¢ieo-oiz090-se01- boaace inNOvATIVE Tech 2566 300"00, 300.00 ¢ig0-031020-3005- == bo3e6s IuNovarive TecH 2668 ae7’s0 367.80 4100-093020-5407- == boseee INNOVATIVE Tec 2569 2,500.00 2,500,00 ¢loo-ou2300-3002- == 03866 IaNOVATIVE TaCH 2596 78.00 5.00 aL00-032020-3005- = Go3e66 INNOVATIVE TECH 2636 2,162.50 2.262150 $100-032020-3008- == 12/208.80 33/308"s0 + 004815 SACKIES SCREEN? 11088 63.13 2.23 $200-043020-5405- 63.13 @ia + (000350 KEENE CARPET IN 36656 956-00, 856100 4100-o71040-5607- = 000252 KEGLEY SERVICE 37447 20.00 20.00 4r00-032020-saos- = 20.00 20.00 003245 KENDALL BLECTAT $109902489.001 240108 240108 4100-063020-se07- == 003245 KENDALL ELECTRI $109902489. 002 2,258.83 2,258.83 d100-on3020-se07- ==

pose 2/02/2021

ue parE 2/06/2021 2/08/2021 2/08/2021 2/08/2021 2708/2021 2/08/2021 2708/2022 3708/2023 2/08/2021 2708/2021 2/08/2021 2/08/2023 2/08/2021 2/08/2021, 2/08/2023 2/08/2021 2708/2022 2/08/2023 2/08/2021 27/08/2021 2/08/2021

2/00/2021 2/00/2021 2/08/2022 2/08/2023

2/08/2021 2708/2021 2/00/2021 2/08/2021 2/08/2021 2/08/2021 27

2708/2021 3/08/2023 2/08/2023 2/08/2021 3/08/2023 2/08/2021 2/08/2023, 2/00/2023 2/08/2021 2/08/2021

2/08/2021 2/08/2021 2/08/2022

2/08/2021

sev. DATE Ta/ai/2020 32/01/2020 12/04/2020, 12/oa/2020 12/98/2020 22/10/2020 32/21/2020 32/21/2020 32/25/2020 32/27/2020 32/21/2020 33/39/2020 12/30/2020, 12/29/2020 1/07/2003, 32/21/2020 32/30/2020 706/202 3/32/202 ipnayaozi 3/27/2021

19/20/2021 2/08/2021 ayar/2o2 syae/20z0

8/05/2020 3/23/2020 5723/2021

30/01/2020

10/21/2023,

nyyiiy2cat

32/02/2020

32/09/2020

32/30/2020

32/28/2020

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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: 2/8/21         6:00 PM

County Attorney Reports

RC Courthouse Interim Agreement
PSA Rural Development (R&D) Capacity Agreement

Staff Recommendation:

Board Discretion.

Suggested Motion:

Motion Required.

ATTACHMENTS: • Various

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

2/8/21

Meetin:

County Attorney Reports

RC Courthouse Interim Agreement
PSA Rural Development (R&D) Capacity Agreement

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

INTERIM AGREEMENT

 This Interim Agreement, made this 8th day of February, 2021, by Russell County,

Virginia, a political subdivision of Commonwealth of Virginia, 137 Highland Drive
Lebanon, VA 24266 (hereinafter called the “Owner”), and J.A. Street & Associates of 245 Birch Street, P.O. Box 725, Blountville, TN 37617 (hereinafter called the “Design- Builder”). The term Design-Builder shall be synonymous with Private Entity or PPEA Firm or Contractor.

 WITNESSETH that the parties hereto agree as follows:

(A) THE DESIGN-BUILD DOCUMENTS

This Interim Agreement consists of this agreement between Owner and Design-Builder (hereinafter, the “Agreement”) and its attached Exhibits; Terms and Conditions included herein; the Project Criteria, including changes to the Project Criteria proposed by the Design-Builder and accepted by the Owner, if any; the Design-Builder’s Proposal and written modifications to the Proposal accepted by the Owner, if any; other documents listed in this Agreement; and Modifications issued after execution of this Agreement. The Design-Build Documents shall not be construed to create a contractual relationship of any kind (1) between the Architect and Owner, (2) between the Owner and a Contractor or Subcontractor, or (3) between any persons or entities other than the Owner and Design- Builder, including but not limited to any consultant retained by the Owner to prepare or review the Project Criteria

The Agreement represents the entire and integrated agreement between the parties hereto and supersedes prior negotiations, representations or agreements, either written or oral. The Agreement may be amended or modified only by a Modification. A Modification is a written amendment to the Agreement signed by both parties.

(B) SERVICES TO BE PERFORMED

The Design-Builder will perform the following services:

Design of an approximately 38,000 SF addition to the existing Russell County Courthouse and approximately 30,554 SF of renovations to the existing Russell County Courthouse along with associated parking and site improvements as well as demolition of existing facilities as noted in the Detailed Phase Proposal. Services shall also consist of design-build project management services including, but not limited to, those required to coordinate the efforts of the design-build team; budgeting and cost estimating involved with development of a Guaranteed Maximum Price (GMP), and scheduling. Design- Builder will commence work on January 12, 2020immediately and services will conclude with completion 100% design documents or written notice of termination of this

INTERIM AGREEMEN

This Interim Agreement, made this 8" day of February. 2021, by Russell County, Virginia, a political subdivision of Commonwealth of Virginia, 137 Highland Drive Lebanon, VA 24266 (hereinafter called the “Owner”), and J.A. Street & Associates of 245 Birch Street, P.O. Box 725, Blountville, TN 37617 (hereinafter called the “Design- Builder”). ‘The term Design-Builder shall be synonymous with Private Entity or PPEA Firm or Contractor.

WITNESSETH that the parties hereto agree as follows:

(A) THE DESIGN-BUILD DOCUMENTS

The Agreement represents the entire and integrated agreement between the parties hereto and supersedes prior negotiations, representations or agreements, either written or oral. ‘The Agreement may be amended or modified only by a Modification. A Modification is a written amendment to the Agreement signed by both parties.

(B) SERVICES TO BE PERFORMED The Design-Builder will perform the following services:

Design of an approximately 38,000 SF addition to the existing Russell County Courthouse and approximately 30,554 SF of renovations to the existing Russell County Courthouse along with associated parking and site improvements as well as demolition of existing facilities as noted in the Detailed Phase Proposal. Services shall also consist of design-build project management services including, but not limited to, those required to coordinate the efforts of the design-build team: budgeting and cost estimating involved with development of a Guaranteed Maximum Price (GMP), and scheduling. Design- Builder will commence work on-Januery-12-2020immediately and services will conclude with completion 100% design documents or written notice of termination of this

Agreement by Owner consistent with section 2.2 of the Terms and Conditions, whichever occurs first. No construction services are included within the scope of this contract.

The Owner will make payments as follows:

Services noted above shall be provided for a Not-to-Exceed (NTE) Budget of Six

Hundred Ninety Nine Thousand Nine Hundred Eighteen and 00/100 dollars

($699,918.00).

For NTE Budget for services provided under this Interim Agreement is as follows:

Schematic Design (35% Design Phase): $214,375 (Fixed Fee) Design Development (65% Design Phase): $183,750 (Fixed Fee)

    95%  Construction Documents Design Phase:               $183,750 (Fixed Fee) 
    100% Construction DocumentsDesign Phase:               $  30,625 (Fixed Fee) 
    Design-Build Preconstruction Services:   $  42,700 (Fixed Fee) 
    Owner Printing Allowance:                      $    2,000 (Reimbursable)

Design-Build Fee: $ 42,718 (Fixed) Total: $699,918

The NTE Budget above shall include costs for all required insurances.

FIXED FEES

The Owner shall pay Fixed Fees, which consist of the architecture and engineering fees and Design-Builder’s Preconstruction Services Fee and Fee (overhead and profit) for this phase of the project. The Design-Build Fixed Fee is intended to compensate the Design- Builder for home office support, overhead costs, and profit. The Fixed Fees noted above will not vary with either the estimated cost or actual cost of construction of the Project.

a. A-E Services for Design Phase Services: This component of the Fixed Fees covers the design and preparation of Construction Documents. The A-E will provide coordination with all jurisdictions, authorities, planning and zoning, and building officials to obtain all necessary input, approvals and permits. This Fixed Fee also includes the cost of professional liability insurance required to be carried by Design-Build team.

b. Contractor Fee during pre-construction: This component of the Fixed Fees covers all pre-construction services, including design reviews, cost estimates, preparation of a GMP, home office support (including project manager, project engineer, estimator, and purchasing agent) and overhead costs.

Agreement by Owner consistent with section 2.2 of the Terms and Conditions, whichever occurs first. No construction services are included within the scope of this contract.

The Owner will make payments as follows:

Services noted above shall be provided for a Not-to-Exceed (NTE) Budget of Six Hundred Ninety Nine Thousand Nine Hundred Eighteen and 00/100 dollars (699,918.00).

For NTE Budget for services provided under this Interim Agreement is as follows:

Schematic Design (35% Design Phase}: $214,375 (Fixed Fee) Design Development (65% Design Phase): $183,750 (Fixed Fee) 95% Construction Documents Design Phase: $183,750 (Fixed Fee) 100% Construction DocumentsDesign- Phase: $ 30,625 (Fixed Fee) Design-Build Preconstruction Servic $ 42,700 (Fixed Fee) Owner Printing Allowance: $ 2,000 (Reimbursable) Design-Build Fee: $ 42.718 (Fixed)

Total: $699,918 The NTE Budget above shall include costs for all required insurances. FIXED FEES

‘The Owner shall pay Fixed Fees, which consist of the architecture and engineering fees and Design-Builder’s Preconstruction Services Fee and Fee (overhead and profit) for this phase of the project. The Design-Build Fixed Fee is intended to compensate the Design- Builder for home office support, overhead costs, and profit. The Fixed Fees noted above will not vary with either the estimated cost or actual cost of construction of the Project.

a, AcE Services for Design Phase Services: This component of the Fixed Fees covers the design and preparation of Construction Documents. The A-E will provide coordination with all jurisdictions, authorities, planning and zoning, and building officials to obtain all necessary input, approvals and permits. This Fixed Fee also includes the cost of professional liability insurance required to be carried by Design-Build team.

b. Contractor Fee during pre-construction: This component of the Fixed Fees covers all pre-construction services, including design reviews, cost estimates,

preparation of a GMP, home office support (including project manager, project engineer, estimator, and purchasing agent) and overhead costs

REIMBURSABLE COSTS

The Owner will reimburse the Design-Builder for all the following costs:

Owner-requested printing of design documents for review.
Subcontractor costs for preparation of required submittals and shop drawings, but

not for construction services. 3. Other Project-related direct costs that shall be reimbursed include, but are not

limited to, the following: Contractor direct expenses, any insurances (including project specific insurance riders of any type) and accounting (project related), taxes, safety, and any expenses approved by Owner in writing prior to being incurred.

Reimbursable Costs shall be documented with vendor’s invoices to Design- Builder and other similar documentation. Reimbursable expenses shall not be marked-up by Design-Builder.

Owner will not reimburse Design-Builder for the following costs:

• Costs not associated with personnel assigned to the Project are considered to be indirect costs that are included as part of the Fixed Fees and are not Reimbursable Costs. Examples of indirect costs that are not Reimbursable Costs include, but are not limited to: bonuses to senior executives, travel by company executives or officers, and personnel whose services and/or responsibilities include multiple projects, e.g., accounting, home office estimating, and purchasing personnel; provided, however, that costs for such personnel on multiple projects may be reimbursed if the Design- Builder requires each of such personnel to maintain accurate timesheets of any time applicable to the Project, if such time allocated to the Project is reasonable, and if the Design-Builder makes such timesheets available to the Owner at any time and from time to time as requested by the Owner.

• Public relations and advertising, bad debts, contributions and donations, dividends or payments of profits, entertainment, fines or penalties, life insurance for officers, partners, or proprietors, interest on loans, lobbying, losses on other contracts, income taxes, proposal preparation costs except for proposals arising from change requests or direction from the Owner or Owner’s Representative, and legal costs involving disputes with the Owner.

ALLOWANCES

An Allowance has been established for printing of copies of sets of design documents for owner review. The Design-Builder will be responsible for managing the allowance to ensure the amount of the allowance is not exceeded without prior approval of the Owner.

REIMBURSABLE COSTS,

The Owner will reimburse the Design-Builder for all the following costs:

Owner-requested printing of design documents for review.

Subcontractor costs for preparation of required submittals and shop drawings, but not for construction services.

Other Project-related direct costs that shall be reimbursed include, but are not limited to, the following: Contractor direct expenses, any insurances (including project specific insurance riders of any type) and accounting (project related), taxes, safety, and any expenses approved by Owner in writing prior to being incurred.

Reimbursable Costs shall be documented with vendor’s invoices to Design- Builder and other similar documentation, Reimbursable expenses shall not be marked-up by Design-Builder.

Owner will not reimburse Design-Builder for the following costs:

Costs not associated with personnel assigned to the Project are considered to be indirect costs that are included as part of the Fixed Fees and are not Reimbursable Costs. Examples of indirect costs that are not Reimbursable Costs include, but are not limited to: bonuses to senior executives, travel by company executives or officers, and personnel whose services and/or responsibilities include multiple projects, e.g., accounting, home office estimating, and purchasing personnel; provided, however, that costs for such personnel on multiple projects may be reimbursed if the Design- Builder requires each of such personnel to maintain accurate timesheets of any time applicable to the Project, if such time allocated to the Project is reasonable, and if the Design-Builder makes such timesheets available to the Owner at any time and from time to time as requested by the Owner.

Public relations and advertising, bad debts, contributions and donations, dividends or payments of profits, entertainment, fines or penalties, life insurance for officers, partners, or proprietors, interest on loans, lobbying, losses on other contracts, income taxes, proposal preparation costs except for proposals arising from change requests or direction from the Owner or Owner’s Representative, and legal costs involving disputes with the Owner.

ALLOWANCES

Partial payments in the amount of 100% of the value of the services rendered will be made in monthly installments. The value of the services rendered shall be as estimated by the Design-Builder and approved by the Owner prior to payment. Upon acceptance by the Owner of all services required hereunder, and compliance by the Design-Builder with all terms and conditions of this contract, the amount due the Design-Builder will be paid. Payment will be made based on services rendered. No retainage will be withheld.

Provided that an Application for Payment, in the format approved by Owner, is received not later than the 25th day of month, the Owner shall make payment to the Design-Builder not later than the 25th day of the following month. If an Application for Payment is received by the Owner after the application date fixed above, payment shall be made by the Owner not later than thirty (30) days after the Owner receives the Application for Payment.

Payments due and unpaid under this Agreement shall bear interest from the date payment is due at the legal rate prevailing from time to time at the place where the Project is located, unless waived by both Parties.

(D) SCHEDULE AND DELIVERABLES

Below is the Design-Builder’s tentative schedule milestones and deliverables. These milestones are for planning purposes and should be adhered to as best as possible.

By mid-March 2021: Submission of Design Development Documents By end of March 2021: Submission of Design Development Cost Estimate By June 2021: Submission of Construction Documents By end of June 2021: Submission of GMP Pricing Proposal

Construction is anticipated for 22 months with potential phasing. The final construction schedule will be determined as part of GMP negotiations.

(E) DISPUTE RESOLUTION

If the parties cannot resolve any dispute through good-faith negotiations, the method of binding dispute resolution shall be the following:

[ ] Arbitration pursuant to American Arbitration Association procedures

[ X ] Litigation in a court of competent jurisdiction

[ ] Other (Specify)

Provided that an Application for Payment, in the format approved by Owner, is received not later than the 25!" day of month, the Owner shall make payment to the Design-Builder not later than the 25" day of the following month. If an Application for Payment is received by the Owner after the application date fixed above, payment shail be made by the Owner not later than thirty (30) days after the Owner receives the Application for Payment,

(D) SCHEDULE AND DELIVERABLES

Below is the Design-Builder’s tentative schedule milestones and deliverables. These milestones are for planning purposes and should be adhered to as best as possible.

By mid-March 2021: ion of Design Development Documents By end of March 2021: ission of Design Development Cost Estimate By June 2021: Submission of Construction Documents

By end of June 2021: Submission of GMP Pricing Proposal

Construction is anticipated for 22 months with potential phasing. The final construction schedule will be determined as part of GMP negotiations.

(E) DISPUTE RESOLUTION

If the parties cannot resolve any dispute through good-faith negotiations, the method of binding dispute resolution shall be the following:

[.] Arbitration pursuant to American Arbitration Association procedures [X] _ Litigation in a court of competent jurisdiction

[] Other (Specify)

This Agreement shall be construed and governed by the applicable laws of the Commonwealth of Virginia. Any disputes arising hereunder, resulting in litigation, shall be resolved by bench trial in the Circuit Court for Russell County, Virginia.

(F) MISCELLANEOUS

The Owner’s Designated Representative/Project Manager:

Curtis Elswick Sr. Vice President Skanska USA Building Inc. 4309 Emperor Blvd., Suite 200 Durham, NC 27703 Mobile: 540-423-2860 [email protected]

Design-Builder’s Designated Representative:

Jim Street CEO J.A. Street & Associates 245 Birch Street P.O. Box 725 Blountville, TN 37617 Direct: 423-323-8017 Mobile: 423-418-2760 [email protected]

The Design-Builder’s Designated Representative identified above shall be authorized to act on the Design-Builder’s behalf with respect to the Project. Neither the Owner’s nor the Design-Builder’s Designated Representative shall be changed without ten days written notice to the other party.

The Architect, other design professionals and consultants engaged by the Design-Builder shall be persons or entities duly licensed to practice their professions in the jurisdiction where the Project is located and are listed as follows:

Architect/Engineer of Record: Silling Associates, Inc. 405 Capital Street Upper Atrium Charleston, WV 25301 Contact: Tom Potts (license number: 0401012301)

Mechanical/Electrical/Plumbing/Structural Engineer: Thompson & Litton (license number(s): 0410000071/0410000060)

This Agreement shall be construed and governed by the applicable laws of the Commonwealth of Virginia, Any disputes arising hereunder, resulting in litigation, shall be resolved by bench trial in the Circuit Court for Russell County, Virginia.

(F) MISCELLANEOUS

The Owner’s Designated Representative/Project Manager:

Curtis Elswick

Sr. Vice President

Skanska USA Building Inc. 4309 Emperor Blvd., Suite 200 Durham, NC 27703

Design-Builder’s Designated Representative:

Jim Street

CEO

J.A. Street & Associates 245 Birch Street

P.O. Box 725 Blountville, TN 37617 Direct: 423-323-8017 Mobile: 423-418-2760 [email protected]

Architeet/Engineer of Record:

Silling Associates, Inc.

405 Capital Street

Upper Atrium

Charleston, WV 25301

Contact: Tom Potts (license number: 0401012301)

Mechanical/Electrical/Plumbing/Structural Engineer: Thompson & Litton (license number(s): 041000007 1/0410000060)

Civil Engineer: Appalachian Design Services (license number: 0407006042)

(G) EXHIBITS

Exhibit A, J.A. Street & Associates Detailed Phase PPEA Proposal dated November 13, 2020 (attached by reference)

Exhibit B, Clarifications and Additional Information dated December 2020

Exhibit C, Design Standards and Processes dated December 2020

Exhibit D, J.A. Street & Associates PPEA Conceptual Phase Proposal dated September 18, 2020 (attached by reference)

Exhibit E, Request for Proposals for Conceptual Phase Proposals dated August 12, 2020 (attached by reference)

Exhibit F, Virginia Courthouse Facility Guidelines latest edition as of date of this Agreement (attached by reference)

Exhibit G, Guidelines for Implementation of the Public-Private Education Facilities & Infrastructure Act of 2002 adopted by the Russell County Board of Supervisors - August 2019, as amended (attached by reference)

Exhibit H, J.A. Street Design-Build Outline Schedule

Exhibit I, Russell County, Virginia Standard Terms and Conditions

Civil Engineer: ‘Appalachian Design Services (license number: 0407006042) (G) EXHIBITS

Exhibit A, J.A. Street & Associates Detailed Phase PPEA Proposal dated November 13, 2020 (attached by reference)

Exhibit B, Clarifications and Additional Information dated December 2020 Exhibit C, Design Standards and Processes dated December 2020

Exhibit D, J.A. Street & Associates PPEA Conceptual Phase Proposal dated September 18, 2020 (attached by reference)

Exhibit E, Request for Proposals for Conceptual Phase Proposals dated August 12, 2020 (attached by reference)

Exhibit F, Virginia Courthouse Facility Guidelines latest edition as of date of this Agreement (attached by reference)

Exhibit G, Guidelines for Implementation of the Public-Private Education Facilities & Infrastructure Act of 2002 adopted by the Russell County Board of Supervisors - August. 2019, as amended (attached by reference)

Exhibit H, J.A. Street Design-Build Outline Schedule

Exhibit I, Russell County, Virginia Standard Terms and Conditions

IN WITNESS WHEREOF, the parties hereto have executed this contract as of the date first above written.

Design-Builder:

(Signature) (Date)

Printed Name: _____________________________________

Its: ______________________________________________

Owner:

(Signature) (Date)

Printed Name: _____________________________________

Its: ______________________________________________

IN WITNESS WHEREOF, the parties hereto have executed this contract as of the date first above written.

Design-Builder:

(Signature) (Date)

Printed Name:

Its:

Owner:

(Signature) (Date)

Printed Name:

Its:

TERMS AND CONDITIONS

GENERAL PROVISIONS

1.1 BASIC DEFINITIONS

1.1.1 THE DESIGN-BUILD DOCUMENTS

The Design-Build Documents are identified in Section (A) of the Agreement.

1.1.2 PROJECT CRITERIA

The Project Criteria are identified in Exhibit E and further defined in Exhibit A, Exhibit B, and Exhibit D attached to the Agreement and may describe the character, scope, relationships, forms, size and appearance of the Project, materials and systems and, in general, their quality levels, performance standards, requirements or criteria, and major equipment layouts.

1.1.3 ARCHITECT

The Architect is the person lawfully licensed to practice architecture or an entity lawfully practicing architecture identified as such in the Agreement and having a direct contract with the Design-Builder to perform design services for all or a portion of the Work, and is referred to throughout the Design-Build Documents as if singular in number. The term “Architect” means the Architect or the Architect’s authorized representative.

1.1.4 THE WORK

The term “Work” means the design and services required to complete the design documents, whether completed or partially completed, and may include review and approval of any submittals or shop drawings. The “Work” as it pertains to this Agreement shall mean design and design-build project management/project coordination services only, not actual construction work.

1.2 COMPLIANCE WITH APPLICABLE LAWS

1.2.1 If the Design-Builder believes that implementation of any instruction received from the Owner would cause a violation of any applicable law, statute, ordinance, building code, rule or regulation, the Design-Builder shall notify the Owner in writing. Neither the Design-Builder nor any Contractor or Architect shall be obligated to perform any act which they believe will violate any applicable law, ordinance, rule or regulation.

1.2.2 The Design-Builder shall be entitled to rely on the completeness and accuracy of the information contained in the Project Criteria, but not that such information complies with applicable laws, regulations and codes, which shall be the obligation of the Design-Builder to determine. In the event that a specific requirement of the Project Criteria conflicts with applicable laws, regulations and codes, the Design-Builder shall furnish Work which complies with such laws,

LAD

1.1.2

113

114

1.2

1.2.1

1.2.2

TERMS AND CONDITIONS. GENERAL PROVISIONS BASIC DEFINITIONS

THE DESIGN-BUILD DOCUMENTS The Design-Build Documents are identified in Section (A) of the Agreement.

PROJECT CRITERIA

ARCHITECT

THE WORK

COMPLIANCE WITH APPLICABLE LAWS

If the Design-Builder believes that implementation of any instruction received from the Owner would cause a violation of any applicable law, statute, ordinance, building code, rule or regulation, the Design-Builder shall notify the Owner in writing. Neither the Design-Builder nor any Contractor or Architect shall be obligated to perform any act which they believe will violate any applicable law, ordinance, rule or regulation.

The Design-Builder shall be entitled to rely on the completeness and accuracy of the information contained in the Project Criteria, but not that such information complies with applicable laws, regulations and codes, which shall be the obligation of the Design-Builder to determine. In the event that a specific requirement of the Project Criteria conflicts with applicable laws, regulations and codes, the Design-Builder shall furnish Work which complies with such laws,

regulations and codes. In such case, the Owner shall issue a Change Order to the Design-Builder unless the Design-Builder recognized such non-compliance prior to execution of this Agreement and failed to notify the Owner.

1.3 CAPITALIZATION

1.3.1 Terms capitalized in these Terms and Conditions include those which are (1) specifically defined or (2) the titles of numbered articles and identified references to sections in the document.

1.4 INTERPRETATION

1.4.1 In the interest of brevity, the Design-Build Documents frequently omit modifying words such as “all” and “any” and articles such as “the” and “an,” but the fact that a modifier or an article is absent from one statement and appears in another is not intended to affect the interpretation of either statement.

1.4.2 Unless otherwise stated in the Design-Build Documents, words which have well- known technical or construction industry meanings are used in the Design-Build Documents in accordance with such recognized meanings.

1.5 EXECUTION OF THE DESIGN-BUILD DOCUMENTS

1.5.1 The Design-Build Documents shall be signed by the Owner and Design-Builder.

1.5.2 Execution of the Design-Build Contract by the Design-Builder is a representation that the Design-Builder has visited the site, become generally familiar with local conditions under which the Work is to be performed and correlated personal observations with requirements of the Design-Build Documents.

1.6 OWNERSHIP AND USE OF DOCUMENTS AND ELECTRONIC DATA

1.6.1 Drawings, specifications, and other documents including those in electronic form, prepared by the Architect and furnished by the Design-Builder shall, upon payment for the associated services become the sole and exclusive property of Owner. Drawings, specifications, and other documents and materials and electronic data are furnished for use solely with respect to this Project by the Owner.

1.6.2 If this Agreement is terminated for any reason, upon payment for services rendered, each of the Design-Builder’s design professionals, including the Architect, shall be contractually required to convey to the Owner a non-exclusive license to use that design professional’s design documents for the completion and use of the Project.

13.1

1.4.1

1.4.2

1.5.1

15.2

1.6

1.6.1

1.6.2

CAPITALIZATION

Terms capitalized in these Terms and Conditions include those which are (1) specifically defined or (2) the titles of numbered articles and identified references to sections in the document.

INTERPRETATION

In the interest of brevity, the Design-Build Documents frequently omit modifying words such as “all” and “any” and articles such as “the” and “an,” but the fact that a modifier or an article is absent from one statement and appears in another is not intended to affect the interpretation of either statement.

Unless otherwise stated in the Design-Build Documents, words which have well- known technical or construction industry meanings are used in the Design-Build Documents in accordance with such recognized meanings

EXECUTION OF THE DESIGN-BUILD DOCUMENTS The Design-Build Documents shall be signed by the Owner and Design-Builder.

Execution of the Design-Build Contract by the Design-Builder is a representation that the Design-Builder has visited the site, become generally familiar with local conditions under which the Work is to be performed and correlated personal observations with requirements of the Design-Build Documents.

OWNERSHIP AND USE OF DOCUMENTS AND ELECTRONIC DATA.

Drawings, specifications, and other documents including those in electronic form, prepared by the Architect and furnished by the Design-Builder shall, upon payment for the associated services become the sole and exclusive property of Owner. Drawings, specifications, and other documents and materials and electronic data are furnished for use solely with respect to this Project by the Owner.

If this Agreement is terminated for any reason, upon payment for services rendered, each of the Design-Builder’s design professionals, including the ‘Architect, shall be contractually required to convey to the Owner a non-exclusive license to use that design professional’s design documents for the completion and use of the Project.

1.7 INDEMNIFICATION

1.7.1 To the fullest extent permitted by law, the Design-Builder shall indemnify and hold harmless the Owner, Owner’s consultants, and agents and employees of any of them from and against claims, damages, losses and expenses, including but not limited to attorneys’ fees, arising out of or resulting from performance of the Work, provided that such claim, damage, loss or expense is attributable to bodily injury, sickness, disease or death or to injury to or destruction of tangible property other than the Work itself, but only to the extent caused by the negligent acts or omissions of the Design-Builder, Architect, or anyone directly or indirectly employed by them or anyone for whose acts they may be liable, regardless of whether or not such claim, damage, loss or expense is caused in part by a party indemnified hereunder. Such obligation shall not be construed to negate, abridge or reduce other rights or obligations of indemnity that would otherwise exist as to a party or person described within herein.

1.7.2 In claims against any person or entity indemnified under this section of the Agreement by an employee of the Design-Builder, Architect, anyone directly or indirectly employed by them or anyone for whose acts they may be liable, the indemnification obligation shall not be limited by a limitation on amount or type of damages, compensation or benefits payable by or for the Design-Builder, the Architect under workers’ compensation acts, disability benefit acts or other employee benefit acts.

1.8 Claims for Consequential Damages. Design-Builder and Owner waive Claims against each other for consequential damages arising out of or relating to the Agreement . This mutual waiver includes:

.1 damages incurred by the Owner for rental expenses, for losses of use, income, profit, financing, business and reputation, and for loss of management or employee productivity or of the services of such persons; and

.2 damages incurred by the Design-Builder for principal office expenses including the compensation of personnel stationed there, for losses of financing, business and reputation, and for loss of profit except anticipated profit arising directly from the Work.

This mutual waiver is applicable, without limitation, to all consequential damages due to either party’s termination. Nothing contained in this section shall be deemed to preclude an award of liquidated direct damages, when applicable, in accordance with the requirements of the Design-Build Documents.

1.9 INSURANCE

The Design-Builder shall purchase and maintain such insurance as will protect it from claims which may arise out of, or result from, the Design-Builder’s execution of the work, whether such execution be by the Design-Builder, any

1.7.2

INDEMNIFICATION

To the fullest extent permitted by law, the Design-Builder shall indemnify and hold harmless the Owner, Owner’s consultants, and agents and employees of any of them from and against claims, damages, losses and expenses, including but not limited to attorneys” fees, arising out of ot resulting from performance of the Work, provided that such claim, damage, loss or expense is attributable to bodily injury, sickness, disease or death or to injury to or destruction of tangible property other than the Work itself, but only to the extent caused by the negligent acts or omissions of the Design-Builder, Architect, or anyone directly or indirectly ‘employed by them or anyone for whose acts they may be liable, regardless of whether or not such claim, damage, loss or expense is caused in part by a party indemnified hereunder. Such obligation shall not be construed to negate, abridge or reduce other rights or obligations of indemnity that would otherwise exist as to a party or person described within herein.

In claims against any person or entity indemnified under this section of the ‘Agreement by an employee of the Design-Builder, Architect, anyone directly or indirectly employed by them or anyone for whose acts they may be liable, the indemnification obligation shall not be limited by a limitation on amount or type of damages, compensation or benefits payable by or for the Design-Builder, the Architect under workers’ compensation acts, disability benefit acts or other employee benefit acts.

Claims for Consequential Damages. Design-Builder and Owner waive Claims against each other for consequential damages arising out of or relating to the ‘Agreement . This mutual waiver includes:

«1 damages incurred by the Owner for rental expenses, for losses of use, income, profit, financing, business and reputation, and for loss of management or employee productivity or of the services of such perso

.2 damages incurred by the Design-Builder for principal o! expenses including the compensation of personnel stationed there, for losses of financing, business and reputation, and for loss of profit except anticipated profit arising directly from the Work.

3; and

INSURANCE The Design-Builder shall purchase and maintain such insurance as will protect it

from claims which may arise out of, or result from, the Design-Builder’s execution of the work, whether such execution be by the Design-Builder, any

Subconsultant or Subcontractor, or by anyone directly or indirectly employed by any of them, or by anyone for whose acts any of them may be liable.

The insurance shall be written for not less than the following limits, or greater if required by law:

.1 Workers’ Compensation:

(a) State: Statutory (b) Applicable Federal Statutory (e.g. Longshoremen’s) © Employer’s Liability: $ 1,000,000 per Accident

 $ 1,000,000 Disease, Policy Limit 
 $ 1,000,000 Disease, Each Employee

.2 Comprehensive or Commercial General Liability (Including Premises- Operations; Independent Design/Builders’ Protective; Products and Completed Operations; Broad Form Property Damage):

(a) Bodily Injury: $ 1,000,000 Each Occurrence $ 2,000,000 Aggregate

(b) Property Damage $ 1,000,000 Each Occurrence $ 2,000,000 Aggregate

(d) Property Damaged Liability Insurance shall provide X, C and U coverage.

(e) Broad Form Property Damage Coverage shall include Completed Operations.

.3 Contractual Liability:

(a) Bodily Injury $ 1,000,000 Each Occurrence $ 2,000,000 Aggregate

(b) Property Damage $ 1,000,000 Each Occurrence $ 2,000,000 Aggregate

.4 Personal Injury, with Employment Exclusion deleted: $ 1,000,000 Aggregate

.5 Business Auto Liability (including owned, non-owned and hired vehicles):

(a) Bodily Injury $ Each Person $ Each Occurrence

(b) Property Damage $ Each Occurrence

Subconsultant or Subcontractor, or by anyone directly or indirectly employed by any of them, or by anyone for whose acts any of them may be liable.

The insurance shall be written for not less than the following limits, or greater if required by law:

1 Workers’ Compensation

(a) State: Statutory (b) Applicable Federal Statutory (e.g. Longshoremen’s) © _ Employer’s Liability: $ 1,000,000 per Accident $ 1,000,000 Disease, Policy Limit $ 1,000,000 Disease, Each Employee

.2. Comprehensive or Commercial General Liability (Including Premises- Operations; Independent Design/Builders’ Protective; Products and Completed Operations; Broad Form Property Damage):

(a) Bodily Injury: $ 1,000,000 Each Occurrence $ 2,000,000 Aggregate

(b) Property Damage $ 1,000,000 Each Occurrence $ 2,000,000 Aggregate

(d) Property Damaged Liability Insurance shall provide X, C and U coverage.

3 Contractual Liability:

(a) Bodily Injury $ 1,000,000 Each Occurrence $ 2,000,000 Aggregate

(b) Property Damage —_$ 1,000,000 Each Occurrence $ 2,000,000 Aggregate

A Personal Injury, with Employment Exclusion deleted: $ 1,000,000 Aggregate

.5 Business Auto Liability (including owned, non-owned and hired vehicles):

(a) Bodily Injury s Each Person s Each Occurrence (b) Property Damage s Each Occurrence

.6 If the General Liability Coverages are provided by a Commercial Liability policy, the:

(a) General Aggregate shall be not less than $2,000,000 and it shall apply, in total, to this Project only.

(b) Fire Damage Limit shall be not less than $1,000,000 on any one fire.

.7 Umbrella Excess Liability: $5,000,000 over primary insurance

$10,000 retention for self-insured hazards each occurrence.

.8 If an exposure exists, Aircraft Liability (owned and non-owned) and Watercraft Liability (owned and non-owned) with limits approved by the Owner shall be provided.

.9 The Contractor shall not commence Work under this Contract until he has obtained all the insurance required hereunder from an insurer authorized to do business in Virginia and such insurance has been approved by the Owner; nor shall the Contractor allow any Subcontractor to commence Work on his subcontract until the same types of insurance in an appropriate amount have been obtained by the Subcontractor and approved by the Contractor. Approval of insurance by the Owner shall not relieve or decrease the liability of the Contractor hereunder.

.10 The Contractor shall obtain and maintain in force during the contract period and for a period of 5 years after the final completion of the Work professional liability and errors and omission insurance in the amount of $3,000,000 per claim and $3,000,000 specific project excess limit.

2.0 WRITTEN NOTICE

2.1 Written notice shall be deemed to have been duly served if delivered in person to the individual or a member of the firm or entity or to an officer of the corporation for which it was intended, or if sent by registered or certified mail to the last business address known to the party giving notice.

2.2 TERMINATION OR SUSPENSION OF DESIGN/BUILD CONTRACT

2.3 TERMINATION BY THE DESIGN-BUILDER

2.3.1 The Design-Builder may terminate the Design-Build Contract if the Work is stopped for a period of 30 consecutive days through no act or fault of the Design- Builder or a Contractor, Subcontractor or their agents or employees or any other

2.0

241

2.3

2.3.1

6 Ifthe General Liability Coverages are provided by a Commercial Liability policy, the:

(a) General Aggregate shall be not less than $2,000,000 and it shall apply, in total, to this Project only. (b) Fire Damage Limit shall be not less than $1,000,000 on any one

fire. (©) Medical Expense Limit shall be not less than $5,000 on any one person 7 Umbrella Excess Liability: $5,000,000 over primary insurance

$10,000 retention for self-insured hazards each occurrence.

8 Ifan exposure exists, Aircraft Liability (owned and non-owned) and Watercraft Liability (owned and non-owned) with limits approved by the Owner shall be provided.

9 The Contractor shall not commence Work under this Contract until he has obtained all the insurance required hereunder from an insurer authorized to do business in Virginia and such insurance has been approved by the Owner; nor shall the Contractor allow any Subcontractor to commence Work on his subcontract until the same types of insurance in an appropriate amount have been obtained by the Subcontractor and approved by the Contractor. Approval of insurance by the Owner shall not relieve or decrease the liability of the Contractor hereunder.

The Contractor shall obtain and maintain in force during the contract period and for a period of 5 years after the final completion of the Work professional liability and errors and omission insurance in the amount of $3,000,000 per claim and $3,000,000 specific project excess limit.

WRITTEN NOTICE

Written notice shall be deemed to have been duly served if delivered in person to the individual or a member of the firm or entity or to an officer of the corporation for which it was intended, or if sent by registered or certified mail to the last business address known to the party giving notice.

TERMINATION OR SUSPENSION OF DESIGN/BUILD CONTRACT TERMINATION BY THE DESIGN-BUILDER The Design-Builder may terminate the Design-Build Contract if the Work is

stopped for a period of 30 consecutive days through no act or fault of the Design- Builder or a Contractor, Subcontractor or their agents or employees or any other

persons or entities performing portions of the Work under direct or indirect contract with the Design-Builder, for any of the following reasons: .1 issuance of an order of a court or other public authority having jurisdiction

which requires all Work to be stopped; .2 an act of government, such as a declaration of national emergency which

requires all Work to be stopped; .3 the Owner has failed to make payment to the Design-Builder in

accordance with the Design-Build Documents; or .4 the Owner has failed to furnish to the Design-Builder promptly, upon the

Design-Builder’s request, reasonable evidence as required herein.

2.3.2 If the Work is stopped for a period of 60 consecutive days through no act or fault of the Design-Builder or a Contractor or their agents or employees or any other persons performing portions of the Work under a direct or indirect contract with the Design-Builder because the Owner has persistently failed to fulfill the Owner’s obligations under the Design-Build Documents with respect to matters important to the progress of the Work, the Design-Builder may, upon seven additional days’ written notice to the Owner, terminate the Design-Build Contract and recover from the Owner as provided herein.

2.4 TERMINATION BY THE OWNER FOR CAUSE

2.4.1 The Owner may terminate the Design-Build Contract if the Design-Builder: .1 persistently or repeatedly refuses or fails to supply enough properly skilled

workers or proper materials; .2 fails to make payment to Contractors for services, materials or labor in

accordance with the respective agreements between the Design-Builder and the Architect and Contractors;

.3 persistently disregards laws, ordinances or rules, regulations or orders of a public authority having jurisdiction; or

.4 otherwise is guilty of substantial breach of a provision of the Design-Build Documents.

2.4.2 When any of the above reasons exist, the Owner may without prejudice to any

other rights or remedies of the Owner and after giving the Design-Builder and the Design-Builder’s surety, if any, seven days’ written notice, terminate employment of the Design-Builder and may, subject to any prior rights of the surety: .1 take possession of the site and of all materials, equipment, tools, and construction equipment and machinery thereon owned by the Design-Builder; .2 accept assignment of contracts; and .3 finish the Work by whatever reasonable method the Owner may deem expedient. Upon request of the Design-Builder, the Owner shall furnish to the Design-Builder a detailed accounting of the costs incurred by the Owner in finishing the Work.

2.3.2

241

2.4.2

persons or entities performing portions of the Work under direct or indirect contract with the Design-Builder, for any of the following reasons:

«1 issuance of an order of a court or other public authority having jurisdiction which requires all Work to be stopped; .2_anact of government, such as a declaration of national emergency which

requires all Work to be stopped;

.3 the Owner has failed to make payment to the Design-Builder in accordance with the Design-Build Documents; or

4 the Owner has failed to furnish to the Design-Builder promptly, upon the Design-Builder’s request, reasonable evidence as required herein.

If the Work is stopped for a period of 60 consecutive days through no act or fault of the Design-Builder or a Contractor or their agents or employees or any other persons performing portions of the Work under a direct or indirect contract with the Design-Builder because the Owner has persistently failed to fulfill the Owner’s obligations under the Design-Build Documents with respect to matters important to the progress of the Work, the Design-Builder may, upon seven additional days’ written notice to the Owner, terminate the Design-Build Contract and recover from the Owner as provided herein.

TERMINATION BY THE OWNER FOR CAUSE

‘The Owner may terminate the Design-Build Contract if the Design-Builder:

«1 persistently or repeatedly refuses or fails to supply enough properly skilled workers or proper materials;

.2 fails to make payment to Contractors for services, materials or labor in accordance with the respective agreements between the Design-Builder and the Architect and Contractors;

3 persistently disregards laws, ordinances or rules, regulations or orders of a public authority having jurisdiction; or

.4 otherwise is guilty of substantial breach of a provision of the Design-Build Documents.

When any of the above reasons exist, the Owner may without prejudice to any other rights or remedies of the Owner and after giving the Design-Builder and the Design-Builder’s surety, if any, seven days” written notice, terminate employment of the Design-Builder and may, subject to any prior rights of the surety:

«1 take possession of the site and of all materials, equipment, tools, and construction equipment and machinery thereon owned by the Design-Builder; 2 accept assignment of contracts; and

finish the Work by whatever reasonable method the Owner may deem expedient. Upon request of the Design-Builder, the Owner shall furnish to the Design-Builder a detailed accounting of the costs incurred by the Owner in finishing the Work.

2.4.3 When the Owner terminates the Design-Build Contract for one of the reasons stated above, the Design-Builder shall not be entitled to receive further payment until the Work is finished.

2.4.4 When the Owner terminates the Design-Build Contract for one of the reasons stated above and the costs and damages exceed the unpaid balance of the Contract, the Design-Builder shall pay the difference to the Owner.

2.5 SUSPENSION BY THE OWNER FOR CONVENIENCE

2.5.1 The Owner may, without cause, order the Design-Builder in writing to suspend, delay or interrupt the Work in whole or in part for such period of time as the Owner may determine.

2.5.2 The Contract Sum and Contract Time shall be adjusted for increases in the cost and time caused by suspension, delay or interruption as described herein. Adjustment of the Contract Sum shall include profit. No adjustment shall be made to the extent: .1 that performance is, was or would have been so suspended, delayed or

interrupted by another cause for which the Design-Builder is responsible; or

.2 that an equitable adjustment is made or denied under another provision of the Design-Build Contract.

2.6 TERMINATION BY THE OWNER FOR CONVENIENCE

2.6.1 The Owner may, at any time, terminate the Agreement for the Owner’s convenience and without cause.

2.6.2 Upon receipt of written notice from the Owner of such termination for the Owner’s convenience, the Design-Builder shall: .1 cease operations as directed by the Owner in the notice; .2 take actions necessary, or that the Owner may direct, for the protection

and preservation of the Work; and .3 except for Work directed to be performed prior to the effective date of

termination stated in the notice, terminate all existing contracts and purchase orders and enter into no further contracts and purchase orders.

2.6.3 In the event of termination for the Owner’s convenience prior to commencement

of construction, the Design-Builder shall be entitled to receive payment for design services performed, costs incurred by reason of such termination and reasonable overhead and profit on design services not completed. In case of termination for the Owner’s convenience after commencement of construction, the Design- Builder shall be entitled to receive payment for Work executed and costs incurred by reason of such termination, along with reasonable overhead and profit on the Work not executed.

2.4.3, When the Owner terminates the Design-Build Contract for one of the reasons stated above, the Design-Builder shall not be entitled to receive further payment until the Work is finished.

2.5 | SUSPENSION BY THE OWNER FOR CONVENIENCE

2.5.1 The Owner may, without cause, order the Design-Builder in writing to suspend, delay or interrupt the Work in whole or in part for such period of time as the ‘Owner may determine

2.5.2 The Contract Sum and Contract Time shall be adjusted for increases in the cost and time caused by suspension, delay or interruption as described herein. ‘Adjustment of the Contract Sum shall include profit. No adjustment shall be made to the extent:

«1 that performance is, was or would have been so suspended, delayed or interrupted by another cause for which the Design-Builder is responsible; or

2 that an equitable adjustment is made or denied under another provision of

the Design-Build Contract. 2.6 TERMINATION BY THE OWNER FOR CONVENIENCE

2.6.1 The Owner may, at any time, terminate the Agreement for the Owner’s convenience and without cause.

2.6.2. Upon receipt of written notice from the Owner of such termination for the Owner’s convenience, the Design-Builder shall:

<1 cease operations as directed by the Owner in the notice;

.2 take actions necessary, or that the Owner may direct, for the protection and preservation of the Work; and

3 except for Work directed to be performed prior to the effective date of

termination stated in the notice, terminate all existing contracts and purchase orders and enter into no further contracts and purchase orders.

2.6.3 In the event of termination for the Owner’s convenience prior to commencement of construction, the Design-Builder shall be entitled to receive payment for design services performed, costs incurred by reason of such termination and reasonable overhead and profit on design services not completed. In case of termination for the Owner’s convenience after commencement of construction, the Design- Builder shall be entitled to receive payment for Work executed and costs incurred by reason of such termination, along with reasonable overhead and profit on the Work not executed.

EXHIBIT B

CLARIFICATIONS AND ADDITIONAL INFORMATION

INTERIM AGREEMENT

BETWEEN

RUSSELL COUNTY, VIRGINIA

AND

J.A. STREET & ASSOCIATES

DECEMBER 2020

RUSSELL COUNTY COURTHOUSE RENOVATION & EXPANSION

LEBANON, VIRGINIA

EXHIBIT B

CLARIFICATIONS AND ADDITIONAL INFORMATION

INTERIM AGREEMENT BETWEEN RUSSELL COUNTY, VIRGINIA AND

J.A. STREET & ASSOCIATES

DECEMBER 2020

RUSSELL COUNTY COURTHOUSE RENOVATION & EXPANSION

LEBANON, VIRGINIA

The following Clarifications and Additional Information shall precede the Detailed Stage

Proposal submitted by J.A. Street & Associates dated November 19, 2020.

Owner and Design-Builder agree on a Contract Cost Limit (CCL) of $15,250,457

which includes the scope of work defined as new finish carpentry millwork,

wood trim, interior door replacement and interior glass at the existing building

as defined in the RFP and related correspondence.

Design-Builder shall include an alternate for handicap access ramp at front

entrance of the existing building.

Design-Builder to include an allowance of $458,310 ($15/SF) for finishes as the

scope of this work will be further defined as design progresses.

Design-Builder to include builder’s risk insurance for value of their contract.

Owner to maintain property insurance on existing building structure.

No allowances for unsuitable materials, rock or special foundations are included

in the CCL. Any unsuitable materials, rock, or special foundations will be

identified following a geotechnical investigation and/or during construction.

Design-Builder to provide topographic survey and hazardous materials surveys

as part of services under Interim Agreement.

Owner to provide court relocation services (if required), utility usage fees for

temporary water and electricity during construction (except for temporary

utilities for jobsite trailer), loose FF&E, surveillance cameras and security

equipment such as X-ray and magnetometer as well as courtroom technology.

Design-Builder to provide all necessary rough-ins.

Owner intends to pursue an Owner Direct Purchase (ODP) Process and will

provide specifications language and assist Design-Builder with the ODP Process.

Design-Builder agrees to reasonably participate in process to identify project

cost savings.

Owner and Design-Builder agree to damages for delay in the form of liquidated

damages in the amount of $1,000 per day for each day in delay in achieving

Substantial Completion and $250 per day for each day in delay in achieving Final

Completion. Final schedule will be determined at time of GMP negotiations.

END

The following Clarifications and Additional Information shall precede the Detailed Stage Proposal submitted by J.A. Street & Associates dated November 19, 2020.

Owner and Design-Builder agree on a Contract Cost Limit (CCL) of $15,250,457 which includes the scope of work defined as new finish carpentry millwork, wood trim, interior door replacement and interior glass at the existing building as defined in the RFP and related correspondence.
Design-Builder shall include an alternate for handicap access ramp at front entrance of the existing building.
Design-Builder to include an allowance of $458,310 ($15/SF) for finishes as the scope of this work will be further defined as design progresses.
Design-Builder to include builder’s risk insurance for value of their contract. Owner to maintain property insurance on existing building structure.
No allowances for unsuitable materials, rock or special foundations are included in the CCL. Any unsuitable materials, rock, or special foundations will be identified following a geotechnical investigation and/or during construction.
Design-Builder to provide topographic survey and hazardous materials surveys as part of services under Interim Agreement.
Owner to provide court relocation services (if required), utility usage fees for temporary water and electricity during construction (except for temporary Utilities for jobsite trailer), loose FF&E, surveillance cameras and security equipment such as X-ray and magnetometer as well as courtroom technology. Design-Builder to provide all necessary rough-ins.
Owner intends to pursue an Owner Direct Purchase (ODP) Process and will provide specifications language and assist Design-Builder with the ODP Process. Design-Builder agrees to reasonably participate in process to identify project cost savings.
Owner and Design-Builder agree to damages for delay in the form of liquidated damages in the amount of $1,000 per day for each day in delay in achieving Substantial Completion and $250 per day for each day in delay in achieving Final Completion. Final schedule will be determined at time of GMP negotiations.

END

EXHIBIT C

DESIGN STANDARDS AND PROCESSES

INTERIM COMPREHENSIVE AGREEMENT

BETWEEN

RUSSELL COUNTY, VIRGINIA

AND

J.A. STREET & ASSOCIATES

DECEMBER 2020

RUSSELL COUNTY COURTHOUSE RENOVATION & EXPANSION

LEBANON, VIRGINIA

EXHIBIT C

DESIGN STANDARDS AND PROCESSES

INTERIM COMPREHENSIVE AGREEMENT BETWEEN RUSSELL COUNTY, VIRGINIA AND

J.A. STREET & ASSOCIATES

DECEMBER 2020

RUSSELL COUNTY COURTHOUSE RENOVATION & EXPANSION

LEBANON, VIRGINIA

TABLE OF CONTENTS

INTRODUCTION ………………………………………………………………………………………………………………… 3

1.1. General ……………………………………………………………………………………………………………… 3

1.2. Planning and Design Services ……………………………………………………………………………… 3

1.3. Construction Administration ……………………………………………………………………………… 5

PROJECT PROCEDURES FOR A-E ………………………………………………………………………………….…… 5

2.1. General Project Procedures ……………………………………………………………………….……… 5

2.1.1. Reproduction, Design Reviews and Value Engineering………………………… 6

2.2. Procedures for Individual Phases of the Work ……………………………………………………. 7

2.2.1. Schematic Design (SD) (35%) …………………………………………………….….……… 7

2.2.2. Design Development (DD) (65%) …………………………………………………………… 7

2.2.3. Construction Documents (CD) (95%) ……………………………………………………. 17

2.2.4. Construction Documents (CD) (100%) …………………………………………………… 25

TABLE OF CONTENTS

INTRODUCTION

1.1. General …

1.2. Planning and Design Services

1.3. Construction Administration …

PROJECT PROCEDURES FOR A-E …

2.1. General Project Procedures …

2.1.1. Reproduction, Design Reviews and Value Engineering.

2.2. Procedures for Individual Phases of the Work…

2.2.1. Schematic Design (SD) (35%)

2.2.2, Design Development (DD) (65%)

2.2.3. Construction Documents (CD) (95%)

2.2.4, Construction Documents (CD) (100%) …

INTRODUCTION

1.1. General

These Design Standards and Processes provide guidance and standards for Design-

Build architecture and engineering (“A-E”) services that are being provided by the

Design-Builder for the Russell County Courthouse Renovation and Expansion

project. The Design-Builder shall be responsible for ensuring that the A-E follows

the guidance and standards. The Design-Builder shall be liable to Russell County,

Virginia (“Owner”) if the A-E or those providing design services through the A-E fails

to follow the guidance and standards, except as otherwise approved by the Owner.

Wherever in this Exhibit C there is any requirement imposed on the A-E or any

design professional, this shall be interpreted to mean that the Design-Builder shall

cause the A-E or design professional to meet such requirement. Nothing in this

Exhibit C shall be interpreted to create any privity of contract between the Owner

and A-E, to create any warranty by Owner to Design-Builder, express or implied,

regarding any of the design services, or to create any responsibility by the Owner or

any acts or omissions by the A-E or those providing services through the A-E.

This Exhibit C is intended to assist the Design-Builder’s A-E and Owner and its

Owner Representative by setting forth some of the general procedures to be

followed for all of the Services to be provided by or through the A-E. This exhibit is

not designed to be an exhaustive description of the work on the project, but rather

to assist design professionals in understanding some of the details of the general

requirements for A-E services for the project and describe the major deliverable

submissions for interaction and approval by the Owner. This exhibit is intended to

complement and supplement the Agreement, not to replace any of the terms of

such documents.

The Owner will identify an Owner’s Representative and an Owner’s Review

Committee who would be the key individuals to meet with the Design-Builder and

A-E to develop, review and approve the design submissions. The Design-Builder

shall coordinate through the Owner’s Representative as described in the

Agreement.

1.2. Planning and Design Services

Documents to assist with the planning and design of the Russell County Courthouse

Renovation and Expansion project include:

INTRODUCTION 1.1. General

These Design Standards and Processes provide guidance and standards for Design- Build architecture and engineering (“A-E”) services that are being provided by the Design-Builder for the Russell County Courthouse Renovation and Expansion project. The Design-Builder shall be responsible for ensuring that the A-E follows the guidance and standards. The Design-Builder shall be liable to Russell County, Virginia (“Owner”) if the A-E or those providing design services through the A-E fails to follow the guidance and standards, except as otherwise approved by the Owner. Wherever in this Exhibit C there is any requirement imposed on the A-E or any design professional, this shall be interpreted to mean that the Design-Builder shall cause the A-E or design professional to meet such requirement. Nothing in this Exhibit C shall be interpreted to create any privity of contract between the Owner and A-E, to create any warranty by Owner to Design-Builder, express or implied, regarding any of the design services, or to create any responsibility by the Owner or any acts or omissions by the A-E or those providing services through the A-E.

This Exhibit Cis intended to assist the Design-Builder’s A-E and Owner and its Owner Representative by setting forth some of the general procedures to be followed for all of the Services to be provided by or through the A-E. This exhibit is not designed to be an exhaustive description of the work on the project, but rather to assist design professionals in understanding some of the details of the general requirements for A-E services for the project and describe the major deliverable submissions for interaction and approval by the Owner. This exhibit is intended to complement and supplement the Agreement, not to replace any of the terms of such documents.

The Owner will identify an Owner’s Representative and an Owner’s Review Committee who would be the key individuals to meet with the Design-Builder and A-E to develop, review and approve the design submissions. The Design-Builder shall coordinate through the Owner’s Representative as described in the Agreement.

1.2. Planning and Design Services

Documents to assist with the planning and design of the Russell County Courthouse Renovation and Expansion project include:

• Virginia Courthouse Facility Guidelines, latest edition

• Clarifications and Additional Information (Exhibit B)

• Design Standards and Processes (this Exhibit C)

Any deviations from these documents must be approved by the Owner in

writing.

Design services include all services by design professionals provided by Design-

Builder pursuant to the Agreement and this Exhibit C hereto required to provide

the final Construction Drawings and Specifications for the project and for any

changes thereto and any construction administration services by design

professionals. Design Services may include assisting Owner’s Review Committee

in the preparation of the Design Development and Construction Documents for

the Russell County Courthouse Renovations and Addition project. References to

“complete and accurate” drawings and specifications and such similar language,

as used in this document and the Agreement, shall mean those documents will

be prepared to a Professional Standard of Care. All design services shall meet

the National, State, Russell County, and Town of Lebanon, VA Building Codes and

Regulations and shall meet the Professional Standard of Care (“Standard of

Care”), which shall be defined as the standard of performance for all design and

construction administration services (“Design Services”) under the Agreement

and shall be the same professional standard of care and of quality as is ordinarily

exercised under similar circumstances by design professionals providing similar

services in similar projects in Virginia. The A-E shall devote its resources to the

performance of the design services during the term of the Agreement in

accordance with the Professional Standard of Care.

The design work shall include all necessary subcontractor and consultant design

professionals, including, but not limited to, civil engineer (including all utility

analysis, analysis for storm water, sanitary, water service, gas service, electrical

power, telephone/data/communications, and geotechnical engineering (not

already provided by Owner)), environmental consultant, traffic engineer, site

lighting, architectural, landscaping, mechanical, electrical, plumbing, acoustical,

structural, and security design services necessary for a complete and accurate

set of final Construction Documents (drawings and specifications).

During design phase reviews, Design-Builder will provide for all printing and

electronic copies of drawings and specifications necessary for review of the work

product by the Owner’s Representative and Review Committee. Electronic

copies shall be made available through an accessible electronic platform. Costs

Virginia Courthouse Facility Guidelines, latest edition

Clarifications and Additional Information (Exhibit B)
Design Standards and Processes (this Exhibit C)

Any deviations from these documents must be approved by the Owner in writing.

Design services include all services by design professionals provided by Design- Builder pursuant to the Agreement and this Exhibit C hereto required to provide the final Construction Drawings and Specifications for the project and for any changes thereto and any construction administration services by design professionals. Design Services may include assisting Owner’s Review Committee in the preparation of the Design Development and Construction Documents for the Russell County Courthouse Renovations and Addition project. References to “complete and accurate” drawings and specifications and such similar language, as used in this document and the Agreement, shall mean those documents will be prepared to a Professional Standard of Care. All design services shall meet the National, State, Russell County, and Town of Lebanon, VA Building Codes and Regulations and shall meet the Professional Standard of Care (“Standard of Care”), which shall be defined as the standard of performance for all design and construction administration services (“Design Services”) under the Agreement and shall be the same professional standard of care and of quality as is ordinarily exercised under similar circumstances by design professionals providing similar services in similar projects in Virginia, The A-E shall devote its resources to the performance of the design services during the term of the Agreement in accordance with the Professional Standard of Care.

The design work shall include all necessary subcontractor and consultant design professionals, including, but not limited to, civil engineer (including all utility analysis, analysis for storm water, sanitary, water service, gas service, electrical power, telephone/data/communications, and geotechnical engineering (not already provided by Owner)), environmental consultant, traffic engineer, site lighting, architectural, landscaping, mechanical, electrical, plumbing, acoustical, structural, and security design services necessary for a complete and accurate set of final Construction Documents (drawings and specifications).

During design phase reviews, Design-Builder will provide for all printing and electronic copies of drawings and specifications necessary for review of the work product by the Owner’s Representative and Review Committee. Electronic copies shall be made available through an accessible electronic platform. Costs

for printing of drawings and specifications shall be paid through a printing

allowance included within the Not-to-Exceed Budget included within the Interim

Agreement. Design-Builder’s A-E will provide for design review and coordination

meetings necessary to review project design documents. Meetings will be

scheduled with the Owner’s Representative to approve the design work product

for compliance with this Exhibit C.

1.3. Construction Administration

Construction administration services shall be provided by Design-Builder through

its A-E and will only consist of review and approval of any submittals and shop

drawings submitted prior to execution of the final Comprehensive Agreement or

initiation of actual construction work.

Project Procedures for A-E

2.1. General Project Procedures

The Design-Builder and Design-Builder’s A-E shall attend a “kick-off” meeting

with the Owner’s Representative and Review Committee to discuss procedures

to be followed for the project and to review the scope of work and the A-E’s

services to be provided.

The Owner has reviewed the Conceptual Design documents included as Exhibit A

to the Agreement and the Owner shall provide comments and changes to the

proposed design and the Design-Builder will incorporate these comments into a

Schematic Design (35%) submission in accordance with this Exhibit C and the

requirements of the Agreement assuming the comments are considered

reasonable.

The A-E, with any subcontractors, engineers, or consultants, will then begin the

Schematic Design process. The following procedures are required, along with

the specifics outlined elsewhere in this and other Contract Documents. This

introductory list is intended to assist the A-E in knowing what is required by

highlighting some of the Owner’s requirements, but is not intended to be an

exhaustive or exclusive list of project procedures. Other requirements and

procedures will be provided by Owner or Owner’s Representative for the design

process and review.

for printing of drawings and specifications shall be paid through a printing allowance included within the Not-to-Exceed Budget included within the Interim Agreement. Design-Builder’s A-E will provide for design review and coordination meetings necessary to review project design documents. Meetings will be scheduled with the Owner’s Representative to approve the design work product for compliance with this Exhibit C.

1.3. Construction Administration

Construction administration services shall be provided by Design-Builder through its A-E and will only consist of review and approval of any submittals and shop drawings submitted prior to execution of the final Comprehensive Agreement or initiation of actual construction work.

Project Procedures for A-E 2.1, General Project Procedures

The Design-Builder and Design-Builder’s A-E shall attend a “kick-off” meeting with the Owner’s Representative and Review Committee to discuss procedures to be followed for the project and to review the scope of work and the A-E’s services to be provided.

The Owner has reviewed the Conceptual Design documents included as Exhibit A to the Agreement and the Owner shall provide comments and changes to the proposed design and the Design-Builder will incorporate these comments into a Schematic Design (35%) submission in accordance with this Exhibit C and the requirements of the Agreement assuming the comments are considered reasonable.

The A-E, with any subcontractors, engineers, or consultants, will then begin the ‘Schematic Design process. The following procedures are required, along with the specifics outlined elsewhere in this and other Contract Documents. This introductory list is intended to assist the A-E in knowing what is required by highlighting some of the Owner’s requirements, but is not intended to be an exhaustive or exclusive list of project procedures. Other requirements and procedures will be provided by Owner or Owner’s Representative for the design process and review.

All project documentation involving the A-E, including but not limited to meeting

minutes, design review comments, correspondence, invoices, code enforcement

comments, RFI’s, supplemental instructions, formal sketches, site visit reports,

and requests for proposals, must be documented by the A-E with copies

provided promptly to the Owner and Owner’s Representative.

At each phase of the design process, the A-E shall respond in writing to any

Owner comments as soon as possible and address Owner comments in the

subsequent design phase documents. Design-Builder shall update the project

progress schedule at each phase of the design process.

If requested, the A-E shall record and submit to the Owner for comment and

revision (before distribution to all parties), all meeting minutes, including but not

limited to Owner’s Review Committee meetings, code review meetings with

Russell County and/or the Town of Lebanon, and submittal review meetings. AE

shall address all Owner comments before distributing such documents.

Design reviews will take place after submission of each design phase with the

Owner’s Review Committee.

Any material deviations from the Design Standards and Processes must be

provided to the Owner in writing under separate cover.

2.1.1. Reproduction, Design Reviews and Value Engineering

Provide the Owner with at least four (4) sets of all Plans, Specifications, and

calculations at each stage of the design which shall include one (1) full-size and

three (3) half-size sets of plans. Deliver or ship these documents overnight as

directed by the Owner’s Representative. The cost of printing and shipping shall

be paid out of the printing allowance included in the CCL or GMP. Materials shall

also be made available electronically in pdf format and in CAD or Revit (3-D) if

requested. The reimbursable costs shall be for reproduction costs only including

file management, paper, bindings, and other material supplies, direct labor

involved in printing and delivery charges.

Design reviews will take place at submission of each design phase: Schematic

Design (35%), Design Development (65%) and Construction Documents (95%)

with the Owner. These design reviews will also consider value engineering

suggestions. Percentages refer to the percent of total design completion, not a

All project documentation involving the A-€, including but not limited to meeting minutes, design review comments, correspondence, invoices, code enforcement comments, RFl’s, supplemental instructions, formal sketches, site visit reports, and requests for proposals, must be documented by the A-E with copies provided promptly to the Owner and Owner’s Representative.

At each phase of the design process, the A-E shall respond in writing to any Owner comments as soon as possible and address Owner comments in the subsequent design phase documents. Design-Builder shall update the project progress schedule at each phase of the design process.

If requested, the A-E shall record and submit to the Owner for comment and revision (before distribution to all parties), all meeting minutes, including but not limited to Owner’s Review Committee meetings, code review meetings with Russell County and/or the Town of Lebanon, and submittal review meetings. AE shall address all Owner comments before distributing such documents.

Design reviews will take place after submission of each design phase with the Owner’s Review Committee.

Any material deviations from the Design Standards and Processes must be provided to the Owner in writing under separate cover.

2.1.1. Reproduction, Design Reviews and Value Engineering

Provide the Owner with at least four (4) sets of all Plans, Specifications, and calculations at each stage of the design which shall include one (1) full-size and three (3) half-size sets of plans. Deliver or ship these documents overnight as directed by the Owner’s Representative. The cost of printing and shipping shall be paid out of the printing allowance included in the CCL or GMP. Materials shall also be made available electronically in pdf format and in CAD or Revit (3-D) if requested. The reimbursable costs shall be for reproduction costs only including file management, paper, bindings, and other material supplies, direct labor involved in printing and delivery charges.

Design reviews will take place at submission of each design phase: Schematic Design (35%), Design Development (65%) and Construction Documents (95%) with the Owner. These design reviews will also consider value engineering suggestions. Percentages refer to the percent of total design completion, not a

percent of each individual phase. A brief review will also be completed by the

Owner’s Representative at 100% design to ensure that all previous comments

have been considered and incorporated. A presentation of the design

documents shall be made by the Design-Builder prior to distribution of design

documents for review at each stage.

The Owner’s Representative and Review Committee shall have two (2) weeks to

complete their review at each of the design phase submissions. The Design-

Builder shall have one (1) week to review comments from the Owner’s

Representative and Review Committee and must provide a written response to

each comment within one (1) week of the submission of review comments to the

Owner’s Representative. A formal reconciliation meeting shall be held to review

each comment and response in an effort to close out each design review

comment prior to the design progressing into the next phase. Design-Builder

shall issue a “For Construction” set prior to start of construction work.

2.2. Procedures for Individual Phases of the Work

2.2.1. Schematic Design (35%) Submission

During the Schematic Design Phase, the A-E shall refine the design and

produce construction documents and specifications that are at

approximately 35% of the total design completion level which will enable

accurate and efficient construction of the project.

2.2.1.1. General Requirement – Schematic Design (SD) 35% Submission

During the SD phase, the A-E shall produce 35% complete construction

documents that enable the Design-Builder to produce a detailed estimate of

cost for construction that is equal to or less than the Contract Cost Limit

(CCL) established as part of this Interim Agreement.

The Schematic Design submission shall include, at a minimum, site plan, floor

plans, exterior elevations, and narrative describing proposed materials and

systems.

2.2.2. Design Development (65%) Submission

During this phase, the A-E shall further refine the design and produce

construction documents and specifications that are at approximately 65% of

the total design completion level which will enable accurate and efficient

construction of the project. The Design-Builder may provide the Owner with

percent of each individual phase. A brief review will also be completed by the Owner’s Representative at 100% design to ensure that all previous comments have been considered and incorporated. A presentation of the design documents shall be made by the Design-Builder prior to distribution of design documents for review at each stage.

The Owner’s Representative and Review Committee shall have two (2) weeks to. complete their review at each of the design phase submissions. The Design- Builder shall have one (1) week to review comments from the Owner’s Representative and Review Committee and must provide a written response to each comment within one (1) week of the submission of review comments to the Owner’s Representative. A formal reconciliation meeting shall be held to review each comment and response in an effort to close out each design review comment prior to the design progressing into the next phase. Design-Builder shall issue a “For Construction” set prior to start of construction work.

2.2. Procedures for Individual Phases of the Work 2.2.1, Schematic Design (35%) Submission

During the Schematic Design Phase, the A-E shall refine the design and produce construction documents and specifications that are at approximately 35% of the total design completion level which will enable accurate and efficient construction of the project.

2.2.1.1. General Requirement — Schematic Design (SD) 35% Submission

During the SD phase, the A-E shall produce 35% complete construction documents that enable the Design-Builder to produce a detailed estimate of cost for construction that is equal to or less than the Contract Cost Limit (CCL) established as part of this Interim Agreement.

The Schematic Design submission shall include, at a minimum, site plan, floor plans, exterior elevations, and narrative describing proposed materials and systems.

2.2.2. Design Development (65%) Submis:

During this phase, the A-E shall further refine the design and produce construction documents and specifications that are at approximately 65% of the total design completion level which will enable accurate and efficient construction of the project. The Design-Builder may provide the Owner with

a GMP at this stage of the project with detailed backup information as

required in the Design-Build Agreement.

2.2.2.1 General Requirement – Design Development (DD) 65% Submission

During the DD phase, the A-E shall produce 65% complete construction

documents that enable the Design-Builder to produce an accurate estimate

of cost that can be presented as a Contract Cost Limit (CCL) or Guaranteed

Maximum Price (GMP) with detailed backup.

Architectural – DD (65%)

The following elements, by way of illustration and not limitation, shall be

included in the drawings prepared during the Design Development phase:

• Perspectives (2 views minimum):

Color perspective drawings to illustrate the exterior design
Electronic file of the renderings
Two renderings (14” X 24” minimum) on foam boards

• Life Safety Plan showing a minimum:

Travel distances
Occupancy loads showing loads allowable and loads required

by program requirement

Fire area tabulations
Area limitations
Fire wall and fire separation locations
Egress capacities of stairs and doorways
Rated assemblies, including wall, floor and ceiling assemblies

• Architectural Standards: The drawings and supporting materials

produced in this phase of the work shall be consistent with a 65%

level of design completion and include the elements listed below at

the minimum scales shown:

1/8” = 1’0” (minimum) Floor plans and notes
1/8” = 1’0” (minimum) Elevations from all directions
1/8” = 1’0” (minimum) Cross sections and details
3/4” = 1’0” (minimum) Wall sections/details
1/8” = 1’0” (minimum) Roof plan
1/8” = 1’0” (minimum) Structural Framing and Foundation

Plans

1/8” = 1’0” (minimum) Structural Details

a GMP at this stage of the project with detailed backup information as required in the Design-Build Agreement.

2.2.2.1 General Requirement — Design Development (DD) 65% Submission

During the DD phase, the A-E shall produce 65% complete construction documents that enable the Design-Builder to produce an accurate estimate of cost that can be presented as a Contract Cost Limit (CCL) or Guaranteed Maximum Price (GMP) with detailed backup.

Architectural — DD (65%)

The following elements, by way of illustration and not limitation, shall be included in the drawings prepared during the Design Development phase:

Perspectives (2 views minimum):

Color perspective drawings to illustrate the exterior design Electronic file of the renderings Two renderings (14” X 24” minimum) on foam boards

Life Safety Plan showing a minimum:

Travel distances

Occupancy loads showing loads allowable and loads required by program requirement

Fire area tabulations

Area limitations

Fire wall and fire separation locations

Egress capacities of stairs and doorways

Rated assemblies, including wall, floor and ceiling assemblies

Architectural Standards: The drawings and supporting materials produced in this phase of the work shall be consistent with a 65% level of design completion and include the elements listed below at the minimum scales shown:

1/8” = 1’0” (minimum) Floor plans and notes

= 1/0" (minimum) Elevations from all directions

’0" (minimum) Cross sections and details

3/4” = 1’0" (minimum) Wall sections/details

1/8” = 1’0" (minimum) Roof plan

1/8” = 1’0" (minimum) Structural Framing and Foundation Plans

1/8” = 1’0" (minimum) Structural Details

1 ½” = 1’0” (minimum) Architectural Details

• Architectural Drawings: The A-E shall develop CAD plans that are fully

scaled. The drawings shall include:

Cover Sheet: Including drawing index and area tabulations of

all programmed spaces listing square footages.

Door, window, and hardware schedules: The A-E shall prepare

the preliminary door and window schedule information that

will, at a minimum, indicate new doors, windows and frames

and labeled door assemblies. Also provide a preliminary

hardware schedule.

Finish Schedule: The A-E will prepare preliminary finish

schedules that include, at a minimum, the following

information: finish types for walls, floors and ceilings, special

finishes required for specialized areas including the

courtrooms and judges’ chambers. All finishes included shall

be “basis of design” for construction. Final Owner approval of

finishes will be required once actual suppliers have been

identified.

Reference/overall plan(s) at 1/8” minimum scale outlining

scope and including room names, occupancy loads, and

building and site handicap accessibility features, such as

elevators, lifts, ramps, and toilet facilities.

Show proposed locations for coordination of MEP items

including roof drain piping and lower ceilings due to HVAC,

structural or plumbing coordination issues.

Equipment and Furnishing Floor Plans: Include programmed

room names and preliminary equipment layouts for

specialized spaces. Owner approval of these specialized

spaces will be required before commencement of the

subsequent design phase.

Elevations clearly demonstrating the scope of work. At a

minimum the elevations will indicate major design features

and general types of materials to be used in order to

demonstrate design integrity and will show overall vertical

dimensions.

Sections: The A-E will provide typical building sections and

wall sections to illustrate proposed building materials,

methods, dimensions, and insulation values.

= 1%" = 1/0" (minimum) Architectural Details

Architectural Drawings: The A-E shall develop CAD plans that are fully scaled. The drawings shall include:

Cover Sheet: Including drawing index and area tabulations of all programmed spaces listing square footages.
Door, window, and hardware schedules: The A-€ shall prepare the preliminary door and window schedule information that will, at a minimum, indicate new doors, windows and frames and labeled door assemblies. Also provide a preliminary hardware schedule.
Finish Schedule: The A-E will prepare preliminary finish schedules that include, at a minimum, the following information: finish types for walls, floors and ceilings, special finishes required for specialized areas including the courtrooms and judges’ chambers. All finishes included shall be “basis of design” for construction. Final Owner approval of finishes will be required once actual suppliers have been identified.
Reference/overall plan(s) at 1/8” minimum scale outlining scope and including room names, occupancy loads, and building and site handicap accessibility features, such as elevators, lifts, ramps, and toilet facilities.

= Show proposed locations for coordination of MEP items including roof drain piping and lower ceilings due to HVAC, structural or plumbing coordination issues.

= Equipment and Furnishing Floor Plans: Include programmed room names and preliminary equipment layouts for specialized spaces. Owner approval of these specialized spaces will be required before commencement of the subsequent design phase.

~ Elevations clearly demonstrating the scope of work. Ata minimum the elevations will indicate major design features and general types of materials to be used in order to demonstrate design integrity and will show overall vertical dimensions.

= Sections: The A-E will provide typical building sections and wall sections to illustrate proposed building materials, methods, dimensions, and insulation values.

Details: The A-E will prepare architectural details which show,

at a minimum, preliminary cross sections (1/4” = 1’0” and wall

sections (3/4” = 1’0”) showing major construction features

and material.

Roof Plan showing major rooftop equipment, roof membrane

system, and drainage. Show location of roof drains and

vertical piping on all plans so that they may be properly

enclosed by architectural detailing.

Fireproofing coordination with structural. All fireproofing in

completed building should be concealed from view. Only

properly sized exposed steel painted with fire-rated

intumescent paints may be left exposed.

• Architectural Specifications: A-E will provide a draft copy of the fully

developed specifications.

Mechanical Systems – DD (65%) Submission

• General Requirements

Commissioning process to be integrated with plan

reviews and specifications. Owner’s commissioning

agent (CxA) will provide A-E with commissioning

specifications.

Provide index for Specifications including all sections that

will be a part of the final mechanical system construction

documents.

Provide heating and cooling block and room loads for

entire building.

Provide control sequences and strategies for the

operation of the building HVAC system.

Provide a copy of preliminary natural gas load letter as

submitted to the natural gas utility.

Provide a formal response to any design review

comments from the Owner’s Representative or Review

Committee made prior to submission of DD (65%)

documents.

• Drawing Requirements

Details: The A-E will prepare architectural details which show, at a minimum, preliminary cross sections (1/4” = 1’0” and wall sections (3/4” = 1’0") showing major construction features and material.
Roof Plan showing major rooftop equipment, roof membrane system, and drainage. Show location of roof drains and vertical piping on all plans so that they may be properly enclosed by architectural detailing.
Fireproofing coordination with structural. All fireproofing in completed building should be concealed from view. Only properly sized exposed steel painted with fire-rated intumescent paints may be left exposed.

Architectural Specifications: A-E will provide a draft copy of the fully developed specifications.

Mechanical Systems — DD (65%) Submission

: General Requirements

Commissioning process to be integrated with plan reviews and specifications. Owner’s commissioning agent (CxA) will provide A-E with commissioning specifications.
Provide index for Specifications including all sections that will be a part of the final mechanical system construction documents.
Provide heating and cooling block and room loads for entire building.
Provide control sequences and strategies for the operation of the building HVAC system.

x Provide a copy of preliminary natural gas load letter as submitted to the natural gas utility.

Provide a formal response to any design review comments from the Owner’s Representative or Review Committee made prior to submission of DD (65%) documents.

. Drawing Requirements

Provide cover sheet with symbols list, notes, and air

handling zone designations.

Provide separate drawings showing all floor plans with

temperature control zones and panel locations.

Provide room names on all floor plans.
Provide floor plans showing equipment locations, piping,

and ductwork. Identify all pieces of equipment, size of

piping and ductwork.

Provide mechanical room layouts. Show sections of all

mechanical rooms and provide finalized sections through

any bulkheads. Show approximate

locations/tonnage/capacities of mechanical equipment.

Provide finalized boiler room plan showing equipment

layout.

Provide air handling zone air balance diagrams, including

supply air to room and exhaust air.

Provide coordination of phasing requirements.
Begin equipment schedules and detail sheets.

Electrical Systems – DD (65%) Submission

The design of the electrical system, unless the A-E is otherwise directed, shall

include the following elements:

• General Requirements:

Provide an index for Specifications indicating all sections

that will be a part of the final electrical system

construction documents.

Provide a written description of the proposed new

lighting system for each type of space.

Provide a written description of the proposed new

electrical power distribution system identifying major

items of equipment and their proposed locations.

Include the electrical service characteristics and generally

identify what items are to be fed at what voltage. This

description should include the new emergency power

system (if required).

Provide a brief written description of each new proposed

special system (fire alarm, security, sound and

Provide cover sheet with symbols list, notes, and air handling zone designations.
Provide separate drawings showing all floor plans with temperature control zones and panel locations.
Provide room names on all floor plans.
Provide floor plans showing equipment locations, piping, and ductwork. Identify all pieces of equipment, size of piping and ductwork.
Provide mechanical room layouts. Show sections of all mechanical rooms and provide finalized sections through any bulkheads. Show approximate locations/tonnage/capacities of mechanical equipment.
Provide finalized boiler room plan showing equipment layout.
Provide air handling zone air balance diagrams, including supply air to room and exhaust air.
Provide coordination of phasing requirements.
Begin equipment schedules and detail sheets.

Electrical Systems — DD (65%) Submission

The design of the electrical system, unless the A-E is otherwise directed, shall include the following elements:

: General Requirements:

Provide an index for Specifications indicating all sections that will be a part of the final electrical system construction documents.
Provide a written description of the proposed new lighting system for each type of space.
Provide a written description of the proposed new electrical power distribution system identifying major items of equipment and their proposed locations.

Include the electrical service characteristics and generally identify what items are to be fed at what voltage. This description should include the new emergency power system (if required).

Provide a brief written description of each new proposed special system (fire alarm, security, sound and

intercommunications, master clock, auxiliary sound

system, telecommunications, lightning protection, etc.).

Identify major items of new equipment and their

proposed locations.

Provide a copy of the foot-candle level calculation for

each room. One calculation may be used for any room of

the same use group that is the same size.

Provide cut sheets of proposed lighting fixtures.
Provide the names and addresses of the power company,

cable television, and telephone company contacts for the

project.

Provide a copy of the preliminary electrical load letter as

submitted to the electrical utility company.

Provide a formal response to any design review

comments from the Owner’s Representative or Review

Committee made prior to submission of DD (65%)

documents.

• Drawing Requirements:

Provide a cover sheet to include at least the symbols list,

abbreviations list, and list of drawings.

Provide an updated computer generated photometric

site lighting plan indicating the point-by point maintained

foot-candle levels. This plan must correspond with and

accompany the lighting layout shown on the electrical

site plan.

Provide an electrical site plan indicating the following:
Proposed site lighting
Proposed plan for site temporary electrical power

during construction

Location of the main electrical equipment room
Proposed power company transformer location
Generator and fuel tank
Property lines
All existing utility and lighting poles
All existing overhead and/or underground electrical

utilities (power, telecommunications)

North arrow.

intercommunications, master clock, auxiliary sound system, telecommunications, lightning protection, etc. Identify major items of new equipment and their proposed locations.

Provide a copy of the foot-candle level calculation for each room. One calculation may be used for any room of the same use group that is the same size.

Provide cut sheets of proposed lighting fixtures.

Provide the names and addresses of the power company, cable television, and telephone company contacts for the project.

Provide a copy of the preliminary electrical load letter as submitted to the electrical utility company.

Provide a formal response to any design review comments from the Owner’s Representative or Review Committee made prior to submission of DD (65%) documents.

Drawing Requirements: Provide a cover sheet to include at least the symbols list, abbreviations list, and list of drawings.

Provide an updated computer generated photometric

site lighting plan indicating the point-by point maintained

foot-candle levels. This plan must correspond with and

accompany the lighting layout shown on the electrical

site plan.

Provide an electrical site plan indicating the following:

= Proposed site lighting

= Proposed plan for site temporary electrical power during construction

= Location of the main electrical equipment room

= Proposed power company transformer location

= Generator and fuel tank

= Property lines

Allexisting utility and lighting poles

= All existing overhead and/or underground electrical utilities (power, telecommunications)

North arrow.

Provide an overall floor plan for each level showing a

proposed power layout with locations of power

receptacles. This plan shall also include:

Proposed locations and layouts of all electrical

equipment rooms, communications rooms, kitchen

and boiler rooms (if applicable) indicating the

location and identification of each piece of

equipment including the major normal and

emergency electrical service and distribution

equipment.

Indicate the major normal and emergency

electrical service and distribution equipment.

Include the proposed electrical (primary and

secondary), telephone, and cable television service

entrance.

Indicate all new and existing underground and

overhead utility lines (gas and water, etc.) that may

affect the electrical work.

Include any site lighting and electrical utilities and

any applicable electrical site plan details, such as

poles base secondary electrical service entrance

ductbank, main grounding, etc.

Provide room names and numbers on all plans.
Show the required power connections to

architectural, mechanical, plumbing, and kitchen

equipment including disconnects and control

devices.

Provide floor plans for each level indicating the new

lighting layout in each space. Where no lighting can be

shown at this time due to ongoing design coordination

with other disciplines, provide a detailed written

description of the final layout and type of lighting fixtures

to be used. These plans shall also show:

Branch circuit connections to branch panel circuit

boards.

All illuminated exit signs.
Emergency lighting fixtures and circuits.
The method of lighting control for each space.

Provide an overall floor plan for each level showing a proposed power layout with locations of power receptacles. This plan shall also include:

= Proposed locations and layouts of all electrical equipment rooms, communications rooms, kitchen and boiler rooms (if applicable) indicating the location and identification of each piece of equipment including the major normal and emergency electrical service and distribution equipment.

= Indicate the major normal and emergency electrical service and distribution equipment.

= Include the proposed electrical (primary and secondary), telephone, and cable television service entrance.

= Indicate all new and existing underground and overhead utility lines (gas and water, etc.) that may affect the electrical work.

= Include any site lighting and electrical utilities and any applicable electrical site plan details, such as poles base secondary electrical service entrance ductbank, main grounding, etc.

= Provide room names and numbers on all plans.

Show the required power connections to architectural, mechanical, plumbing, and kitchen equipment including disconnects and control devices.

Provide floor plans for each level indicating the new

lighting layout in each space. Where no lighting can be

shown at this time due to ongoing design coordination with other disciplines, provide a detailed written description of the final layout and type of lighting fixtures to be used. These plans shall also show:

= Branch circuit connections to branch panel circuit boards

= Allilluminated exit signs.

Emergency lighting fixtures and circuits.

= The method of lighting control for each space.

Lighting fixture type designations.
Room names and numbers.
Foot-candle level designations.
Provide electrical panel schedules including load

summary and space capacity.

Notes referenced on these plans shall be shown on the

same plan as the reference.

Provide floor plans for each level indicating the locations

of all applicable systems that may include fire alarm,

master program clock, PA system, telecommunications

system and CATV system equipment and devices, and

building security system equipment and devices including

their interconnections. Indicate the location and

identification of each item of control and enunciator

panels and equipment, and the building security. The

plan shall also include the location of the separate

enunciator panel for the emergency generator (if

required), which should be shown next to the fire alarm

enunciator. The plan shall also include the proposed fire

alarm and building security zones.

Provide a detail of the fire alarm graphic enunciator

panel faceplate. All notes referenced on these plans shall

be shown on the same plan as the reference.

Provide drawings for the main distribution switchboard,

panel board, transformer, and lighting fixture schedules

and a power system load tabulation schedule.

Provide a power riser diagram showing electrical service

entrance and distribution equipment, emergency service

equipment, grounding system, and their associated

interconnections. Label each item of equipment. Also

provide an isometric elevation and one-line diagram of

the main distribution switchboard.

Diagram technology distribution and points.

Plumbing Systems – DD (65%) Submission

• General Requirements:

= Lighting fixture type designations. = Room names and numbers.

Foot-candle level designations.
Provide electrical panel schedules including load summary and space capacity.
Notes referenced on these plans shall be shown on the same plan as the reference.
Provide floor plans for each level indicating the locations of all applicable systems that may include fire alarm, master program clock, PA system, telecommunications system and CATV system equipment and devices, and building security system equipment and devices including their interconnections. Indicate the location and identification of each item of control and enunciator panels and equipment, and the building security. The plan shall also include the location of the separate enunciator panel for the emergency generator (if required), which should be shown next to the fire alarm enunciator. The plan shall also include the proposed fire alarm and building security zones.
Provide a detail of the fire alarm graphic enunciator panel faceplate. All notes referenced on these plans shall be shown on the same plan as the reference.
Provide drawings for the main distribution switchboard, panel board, transformer, and lighting fixture schedules and a power system load tabulation schedule.
Provide a power riser diagram showing electrical service entrance and distribution equipment, emergency service equipment, grounding system, and their associated interconnections. Label each item of equipment. Also provide an isometric elevation and one-line diagram of the main distribution switchboard.
Diagram technology distribution and points.

Plumbing Systems — DD (65%) Submission

. General Requirements:

Provide an index for Specifications indicating all sections

that will be a part of the final construction documents.

Provide completed Town of Lebanon and/or Russell

County department of public works form requirements

(if applicable).

Provide a copy of the letter as submitted to the utility

company(s).

Provide a formal response to any design review

comments from the Owner’s Representative or Review

Committee made prior to submission of DD (65%)

documents.

• Drawing Requirements:

Provide a cover sheet to include symbols list, sprinkler

service detail, fixture connection schedule with mounting

heights. Provide schedule showing overall drainage

fixture units. Allow additional space for notes and other

details.

Provide separate drawings for all floor plans showing the

following:

Show appropriate locations of new water, sanitary,

storm and gas piping mains on overall new work

plan. Show locations of all rain leaders on all floor

plans and roof level.

Identify all handicap fixtures (water closets,

lavatories, and water coolers).

Coordinate gas meter location (if applicable).
Show utility entrances, water heaters, and phasing

requirements. Provide notes and details.

Provide room names on all floor plans.

Sprinkler Systems – DD (65%) Submission

• General Requirements:

Obtain hydrant information from water authority.

Indicate on drawings and specifications that the sprinkler

system is shown for guidance or intent only, and the

contractor is required to design the system, obtain

Provide an index for Specifications indicating all sections that will be a part of the final construction documents.
Provide completed Town of Lebanon and/or Russell County department of public works form requirements (if applicable).
Provide a copy of the letter as submitted to the utility company(s).
Provide a formal response to any design review comments from the Owner’s Representative or Review Committee made prior to submission of DD (65%) documents.

. Drawing Requirements:

Provide a cover sheet to include symbols list, sprinkler service detail, fixture connection schedule with mounting heights. Provide schedule showing overall drainage fixture units. Allow additional space for notes and other details.
Provide separate drawings for all floor plans showing the following:
Show appropriate locations of new water, sanitary, storm and gas piping mains on overall new work plan. Show locations of all rain leaders on all floor plans and roof level.
Identify all handicap fixtures (water closets, lavatories, and water coolers).

= Coordinate gas meter location (if applicable).

Show utility entrances, water heaters, and phasing requirements. Provide notes and details.

= Provide room names on all floor plans.

Sprinkler Systems ~ DD (65%) Submi

. General Requirements:

Obtain hydrant information from water authority. Indicate on drawings and specifications that the sprinkler system is shown for guidance or intent only, and the contractor is required to design the system, obtain

permits, obtain Fire Marshal approval, provide, and

install the system.

Designate where sprinkler system is dry pipe and where

it is wet pipe.

Verify whether adequate street pressure exists for

sprinkler system. Provide index for specifications

indicating all sections that will be a part of the final

sprinkler system construction documents.

The Design-Builder is responsible to provide any fire

pump or water pressure booster pumps required for the

project.

Provide a formal response to any design review

comments from the Owner’s Representative or Review

Committee made prior to submission of DD (65%)

documents.

• Drawing Requirements:

Provide overall plan showing proposed zoning of

sprinkler system and NFPA hazard classification. Each

floor shall be zoned separately. Coordinate zones with

fire alarm zones (each sprinkler zone shall be subdivided

into multiple fire alarm zones).

Coordinate and finalize sprinkler zones for fire protection

system. Provide overall plan scaled at 1/8” (minimum)

showing approximate locations of sprinkler mains in

building, Siamese connection, and the sprinkler service

entrance and building exterior hydrant coverage.

Shall all main piping routing, service entrance, manifold

system, zone valves, inspector test valve locations,

phasing requirements and details such as service

manifold system, hangers, and branch over details, etc.

Civil and Structural – DD (65%) Submission

• General Requirements:

Provide structural calculations for work reflected in

drawings and specifications.

permits, obtain Fire Marshal approval, provide, and install the system.

Designate where sprinkler system is dry pipe and where it is wet pipe.
Verify whether adequate street pressure exists for sprinkler system. Provide index for specifications indicating all sections that will be a part of the final sprinkler system construction documents.
The Design-Builder is responsible to provide any fire pump or water pressure booster pumps required for the project.
Provide a formal response to any design review comments from the Owner’s Representative or Review Committee made prior to submission of DD (65%) documents.

. Drawing Requirements:

Provide overall plan showing proposed zoning of sprinkler system and NFPA hazard classification. Each floor shall be zoned separately. Coordinate zones with fire alarm zones (each sprinkler zone shall be subdivided into multiple fire alarm zones).
Coordinate and finalize sprinkler zones for fire protection system, Provide overall plan scaled at 1/8” (minimum) showing approximate locations of sprinkler mains in building, Siamese connection, and the sprinkler service entrance and building exterior hydrant coverage.
Shall all main piping routing, service entrance, manifold system, zone valves, inspector test valve locations, phasing requirements and details such as service manifold system, hangers, and branch over details, etc.

Civil and Structural - DD (65%) Submission . General Requirements:

Provide structural calculations for work reflected in drawings and specifications.

Provide a formal response to any design review

comments from the Owner’s Representative or Review

Committee made prior to submission of DD (65%)

documents.

Cost Estimate – DD (65%) Submission

Provide cost estimate based upon market feedback for work not self-

performed by the Design-Builder.

For cost estimate of work self-performed by the Design-Builder, or

performed by the designed MEP design-build subcontractor (if

applicable), provide a detailed labor and material type cost estimate

consistent with Advancement of Cost Engineering (AACE) practices.

Organize by CSI division listing all materials, equipment, and systems

necessary to construct the facility.

Once the 65% drawings and other work performed in the Design

Development phase are accepted by the Owner (after reconciliation of

design review comments and evaluation of the cost estimate), the

Design-Builder shall obtain an approval letter for this phase of the work

and this letter will incorporate permission to proceed to the

Construction Documents phase.

2.2.3. Construction Documents (CD) (95%) Submission

2.2.3.1 Architectural – CD (95%) Submission

General Requirements:

• The A-E shall prepare the 95% Construction Documents, including

plans, drawings, details, and final draft specifications and submit

them to the Owner at least one week prior to the 95% review

meeting. At the review meeting, the Design-Builder and A-E will

present the 95% Construction Document, and will respond to

questions and comments on the design. The Design-Builder shall

ensure that sufficient persons, including subcontractors and

Provide a formal response to any design review comments from the Owner’s Representative or Review Committee made prior to submission of DD (65%) documents.

Cost Estimate — DD (65%) Submission

Provide cost estimate based upon market feedback for work not self- performed by the Design-Builder.

For cost estimate of work self-performed by the Design-Builder, or performed by the designed MEP design-build subcontractor (if applicable), provide a detailed labor and material type cost estimate consistent with Advancement of Cost Engineering (AACE) practices. Organize by CSI division listing all materials, equipment, and systems necessary to construct the facility.

Once the 65% drawings and other work performed in the Design Development phase are accepted by the Owner (after reconciliation of design review comments and evaluation of the cost estimate), the Design-Builder shall obtain an approval letter for this phase of the work and this letter will incorporate permission to proceed to the Construction Documents phase.

2.2.3. Construction Documents (CD) (95%) Submission

2.2.3.1 Architectural — CD (95%) Submission

General Requirements:

The A-E shall prepare the 95% Construction Documents, including plans, drawings, details, and final draft specifications and submit them to the Owner at least one week prior to the 95% review meeting. At the review meeting, the Design-Builder and A-E will present the 95% Construction Document, and will respond to questions and comments on the design. The Design-Builder shall ensure that sufficient persons, including subcontractors and

consultants, attend the review meeting so that responses can be

provided.

• Subsequent to the 95% review meeting with Owner, the A-E shall:

Incorporate all comments or requirements relating and

resulting from the review meeting into the Construction

Documents.

Respond to all previous comments from Owner or Owner’s

Review Committee on the design.

Lack of inter-discipline coordination, incompleteness in

design of structural or MEP systems, or overall lack of

drawing completeness at this phase may result in

additional review session(s) which shall be provided at no

additional cost to the Owner. Completeness of submitted

documents to avoid disruptions of schedule is essential.

Submit plans to Russell County and/or the Town of

Lebanon and other agencies having jurisdiction for

building permit and approvals.

Drawing Requirements:

The A-E shall develop and submit the following documents in the

Construction Documents phase:

• Provide “letters of agreement” sheet showing any additional

documentation of code meetings subsequent to Construction

Documents phase. The A-E shall continue to be responsible for

preparing letters to the code official, with copies to the Owner,

documenting any agreements on compliance with code

requirements.

• Finalized overall Life Safety Plan showing, at a minimum, code

data travel distances, occupancy loads, and fire area tabulations.

• The drawings and supporting materials produced in this phase of

the project shall include the elements listed below at the

minimum scales shown:

Cover Sheet: Including drawing index and area tabulations

of all programmed spaces.

Door, window, and hardware schedules: The A-E will

prepare the final door and window schedule information

consultants, attend the review meeting so that responses can be provided.

Subsequent to the 95% review meeting with Owner, the A-E shall:

Incorporate all comments or requirements relating and resulting from the review meeting into the Construction Documents.

= Respond to all previous comments from Owner or Owner’s Review Committee on the design.

Lack of inter-discipline coordination, incompleteness in design of structural or MEP systems, or overall lack of drawing completeness at this phase may result in additional review session(s) which shall be provided at no additional cost to the Owner. Completeness of submitted documents to avoid disruptions of schedule is essential.

= Submit plans to Russell County and/or the Town of Lebanon and other agencies having jurisdiction for building permit and approvals.

Drawing Requirements:

The A-E shall develop and submit the following documents in the Construction Documents phase:

Provide “letters of agreement” sheet showing any additional documentation of code meetings subsequent to Construction Documents phase. The A-E shall continue to be responsible for preparing letters to the code official, with copies to the Owner, documenting any agreements on compliance with code requirements.
Finalized overall Life Safety Plan showing, at a minimum, code data travel distances, occupancy loads, and fire area tabulations.
The drawings and supporting materials produced in this phase of the project shall include the elements listed below at the minimum scales shown:

= Cover Sheet: Including drawing index and area tabulations of all programmed spaces.

Door, window, and hardware schedules: The A-E will prepare the final door and window schedule information

that will indicate new doors, windows and frames and

labeled door assemblies. Provide hardware schedule on

the same sheet.

Finish Schedule: The A-E will prepare final finish schedules

that include the following information: finish types for

walls, floors and ceilings, special finishes required for

specialized areas including the courtrooms and judges’

chambers.

Equipment and Fixture Schedules outlining all Contractor

supplied items.

Reference/overall plan(s) at 1/8” minimum scale outlining

scope and including room names, occupancy loads, and

building and site handicap accessibility features, such as

elevators, lifts, ramps, and toilet facilities. Plans should be

fully coordinated with MEP and Structural Drawings.

Equipment and Furnishings Plans 1/8” = 1’-0” minimum

(showing equipment and furnishings to be provided by

Design-Builder. Include programmed room names, final

equipment layouts for specialized spaces such as

courtrooms and judges’ chambers.

Elevations clearly demonstrating the scope of work

including rooms listed in Equipment and Furnishings Plans.

The elevations will define major design features,

dimensions and materials to be used. 1/8” = 1’-

0”minimum.

Sections: The A-E will provide typical building sections and

wall sections to illustrate proposed building materials,

methods, dimensions, and insulation values. 1/8” = 1’-0”

minimum.

Details: The A-E will prepare architectural details which

show cross sections (1/8” = 1’-0”) and wall sections (3/4” =

1’0”) showing major construction features and material.

Roof Plan showing major rooftop equipment, roof

membrane system, and drainage. 1/8” = 1’-0” minimum.

• The Owner’s Representative and Review Committee will review

the 95% CD submittal. The A-E shall review and respond to all

review comments and incorporate comments into the 100%

Construction Documents.

that will indicate new doors, windows and frames and labeled door assemblies. Provide hardware schedule on the same sheet.

Finish Schedule: The A-E will prepare final finish schedules

that include the following information:

inish types for walls, floors and ceilings, special finishes required for specialized areas including the courtrooms and judges’ chambers.

Equipment and Fixture Schedules outlining all Contractor supplied items.

Reference/overall plan(s) at 1/8” minimum scale outlining scope and including room names, occupancy loads, and building and site handicap accessibility features, such as elevators, lifts, ramps, and toilet facilities. Plans should be fully coordinated with MEP and Structural Drawings. Equipment and Furnishings Plans 1/8” = 1’-0” minimum. (showing equipment and furnishings to be provided by Design-Builder. Include programmed room names, final equipment layouts for specialized spaces such as courtrooms and judges’ chambers.

Elevations clearly demonstrating the scope of work including rooms listed in Equipment and Furnishings Plans. The elevations will define major design features, dimensions and materials to be used. 1/8” = 1’- 0”minimum.

Sections: The A-E will provide typical building sections and wall sections to illustrate proposed building materials, methods, dimensions, and insulation values. 1/8” = 1’-0" minimum.

Details: The A-E will prepare architectural details which show cross sections (1/8” = 1’-0”) and wall sections (3/4” = 1/0”) showing major construction features and material.

Roof Plan showing major rooftop equipment, roof membrane system, and drainage. 1/8”

’.0” minimum.

The Owner’s Representative and Review Committee will review the 95% CD submittal. The A-E shall review and respond to all review comments and incorporate comments into the 100%

Construction Documents.

Mechanical Systems – CD (95%) Submission

The design of the mechanical system, unless the A-E is otherwise

directed, shall include the following elements:

• General Requirements

Provide complete specifications including index all sections

that will be a part of the final contract documents.

Answer and respond to all intermediate submission

comments.

• Drawing Requirements

Commissioning process to be integrated with plan reviews

and specifications.

Complete the mechanical cover sheet with symbols list,

notes and temperature control zone diagram. Provide

code and energy analysis, titles, and complete floor plans.

Complete equipment schedules and detail sheets.
Provide separate drawings showing all floor plans. Provide

floor plans showing equipment locations, piping, and

ductwork. Identify all pieces of equipment, size of piping

and ductwork. Provide mechanical room layouts. Show

sections of all mechanical rooms and provide finalized

sections through any bulkheads. Provide finalized boiler

room plan.

Coordinate floor plans with other disciplines.
Provide room names and numbers on all floor plans.
Check that all title block information has been completed

on each drawing and that each drawing contains a key

plan (where applicable).

Electrical Systems – CD (95%) Submission

The design of the electrical system, unless the A-E is otherwise directed,

shall include the following elements:

• General Requirements:

Mechanical Systems — CD (95%) Submission

The design of the mechanical system, unless the A-E is otherwise

directed, shall include the following element

General Requirements

Provide complete specifications including index all sections that will be a part of the final contract documents.

Answer and respond to all intermediate submission comments.

Drawing Requirements

Commissioning process to be integrated with plan reviews and specifications.

Complete the mechanical cover sheet with symbols list, notes and temperature control zone diagram. Provide code and energy analysis, titles, and complete floor plans. Complete equipment schedules and detail sheets.

Provide separate drawings showing all floor plans. Provide floor plans showing equipment locations, piping, and ductwork. Identify all pieces of equipment, size of piping and ductwork. Provide mechanical room layouts. Show sections of all mechanical rooms and provide finalized sections through any bulkheads. Provide finalized boiler room plan.

Coordinate floor plans with other disciplines.

Provide room names and numbers on all floor plans. Check that all title block information has been completed on each drawing and that each drawing contains a key plan (where applicable).

4, Electrical Systems — CD (95%) Submission

The design of the electrical system, unless the A-E is otherwise directed, shall include the following elements:

General Requirements:

Provide a copy of the completed electrical specification

including a table of contents listing each electrical

specification section to be used for the project.

Provide a copy of the final electrical load letter sent to the

electrical utility company.

Provide copies of the transmittals for information sent to

the telephone and cable television companies.

Provide the names and addresses of the power company,

cable television, and telephone company contacts for this

project.

• Drawing Requirements:

Complete the electrical cover sheet. Insure that all

symbols and abbreviations used on this project are

included as well as the list of drawings.

Complete the electrical site plan including all new and

existing utility information and site lighting branch circuit

wiring. Add proposed electrical (primary and secondary),

telephone, and cable television service entrance. Indicate

all new and/or existing underground and overhead utility

lines (gas and water, etc.) that may affect the electrical

work. Add any existing site lighting and electrical utilities

that are to be removed. Add any applicable electrical site

plan details (pole base secondary electrical service

entrance duct back, main grounding, etc.).

Provide an updated computer generated photometric site

lighting plan indicating the point-by point maintained foot-

candle levels. This plan must correspond with and

accompany the lighting layout shown on the electrical site

plan.

Provide floor plans indicating the new lighting layout in

each space. These plans shall also show branch circuit

connections to corridor junction boxes, all illuminated exit

signs, which lighting fixtures are to be connected to

emergency lighting circuits, the method of lighting control

for each space, lighting fixture type designations, room

names and numbers, and foot-candle level designations.

Room names, numbers, and foot-candle levels may be

Provide a copy of the completed electrical specification including a table of contents listing each electrical specification section to be used for the project.

= Provide a copy of the final electrical load letter sent to the electrical utility company.

Provide copies of the transmittals for information sent to the telephone and cable television companies.
Provide the names and addresses of the power company, cable television, and telephone company contacts for this project.

Drawing Requirements:

Complete the electrical cover sheet. Insure that all symbols and abbreviations used on this project are included as well as the list of drawings.
Complete the electrical site plan including all new and existing utility information and site lighting branch circuit wiring. Add proposed electrical (primary and secondary), telephone, and cable television service entrance. Indicate all new and/or existing underground and overhead utility lines (gas and water, etc.) that may affect the electrical work. Add any existing site lighting and electrical utilities that are to be removed. Add any applicable electrical site plan details (pole base secondary electrical service entrance duct back, main grounding, etc.).
Provide an updated computer generated photometric site lighting plan indicating the point-by point maintained foot- candle levels. This plan must correspond with and accompany the lighting layout shown on the electrical site plan.
Provide floor plans indicating the new lighting layout in each space. These plans shall also show branch circuit connections to corridor junction boxes, all illuminated exit signs, which lighting fixtures are to be connected to emergency lighting circuits, the method of lighting control for each space, lighting fixture type designations, room names and numbers, and foot-candle level designations. Room names, numbers, and foot-candle levels may be

scheduled on each floor plan. The locations of all lighting

branch circuit panelboards shall be shown on these plans.

All notes referenced on these plans shall be shown on the

same plan as the reference.

Provide floor plans indicating the power receptacles and

CATV outlets and their branch circuit connection to

corridor junction boxes. These plans shall also show the

required power connections to all architectural,

mechanical, plumbing, and kitchen equipment including

disconnects and control devices. Show a plan for the Main

Communications Room and each

electrical/communications equipment room, kitchen and

boiler rooms if applicable indicating the location and

identification of each piece of equipment. All notes

referenced on these plans shall be on the same plan as the

reference.

Complete the lighting plans including all branch circuit

wiring and identification of equipment. Identification shall

include electrical characteristics for each item of

equipment.

Complete the fire alarm, master program clock, and

building security system plans including all interconnection

wiring and security zone indications. Indicate the location

and identification of each item of control and annunciation

equipment, and the building security sub-distribution

equipment locations. Provide a detail of the fire alarm

graphic annunciator panel faceplate. All notes referenced

on these plans shall be shown on the same plan as the

reference.

Provide drawings for the main distribution switchboard,

panelboard, transformer, and lighting fixture schedules

and a power system load tabulation schedule.

Complete the sound and intercommunications system,

auxiliary sound systems, telecommunications system,

CATV system plans including all interconnection wiring,

speaker zone indications, and telecommunications outlet

identification numbers.

scheduled on each floor plan. The locations of all lighting branch circuit panelboards shall be shown on these plans. All notes referenced on these plans shall be shown on the same plan as the reference.

Provide floor plans indicating the power receptacles and CATV outlets and their branch circuit connection to corridor junction boxes. These plans shall also show the required power connections to all architectural, mechanical, plumbing, and kitchen equipment including disconnects and control devices. Show a plan for the Main Communications Room and each electrical/communications equipment room, kitchen and boiler rooms if applicable indicating the location and identification of each piece of equipment. All notes referenced on these plans shall be on the same plan as the reference.

Complete the lighting plans including all branch circuit wiring and identification of equipment. Identification shall include electrical characteristics for each item of equipment.

Complete the fire alarm, master program clock, and building security system plans including all interconnection wiring and security zone indications. Indicate the location and identification of each item of control and annunciation equipment, and the building security sub-distribution equipment locations. Provide a detail of the fire alarm graphic annunciator panel faceplate. All notes referenced on these plans shall be shown on the same plan as the reference.

Provide drawings for the main distribution switchboard, panelboard, transformer, and lighting fixture schedules and a power system load tabulation schedule.

Complete the sound and intercommunications system, auxiliary sound systems, telecommunications system, CATV system plans including all interconnection wiring, speaker zone indications, and telecommunications outlet identification numbers.

Provide a power riser diagram showing all electrical service

entrance and distribution equipment, emergency service

equipment, grounding system, and their associated

interconnections. Label each item of equipment. Also

provide an isometric elevation and a one-line diagram of

the main distribution switchboard.

Coordinate floor plans with other disciplines.
Check that all title block information has been completed

on each drawing and that each drawing contains a key

plan (where applicable).

Plumbing Systems – CD (95%) Submission

The design of the plumbing system, unless the A-E is otherwise directed,

shall include the following elements:

• General Requirements:

Complete all sections of the specifications. Provide an

index for specifications indicating all sections that will be a

part of the final construction documents.

• Drawing Requirements:

Complete cover sheet with symbols list, sprinkler service

detail, fixture connection schedule with mounting heights.

Provide schedule showing overall drainage fixture units.

Allow additional space for notes and other details. Add

titles.

Provide complete riser diagrams for all piping systems,

including pipe sizes.

Complete floor plans, details, and schedules. Provide floor

plans showing all fixtures, utility entrances, water heaters.

Provide notes and details.

Coordinate floor plans with other disciplines and

coordinate phasing requirements.

Provide room names on all floor plans.
Provide domestic hot water calculations on cover sheet.
Provide drainage fixture unit schedules on cover sheet

showing types of fixtures removed and added for project.

Provide a power riser diagram showing all electrical service entrance and distribution equipment, emergency service equipment, grounding system, and their associated interconnections. Label each item of equipment. Also provide an isometric elevation and a one-line diagram of the main distribution switchboard

Coordinate floor plans with other disciplines.

Check that all title block information has been completed on each drawing and that each drawing contains a key plan (where applicable).

Plumbing Systems — CD (95%) Submission

The design of the plumbing system, unless the A-E is otherwise directed, shall include the following elements:

General Requirements:

Complete all sections of the specifications. Provide an index for specifications indicating all sections that will be a part of the final construction documents.

Drawing Requirements:

Complete cover sheet with symbols list, sprinkler service detail, fixture connection schedule with mounting heights. Provide schedule showing overall drainage fixture units. Allow additional space for notes and other details. Add titles.

Provide complete riser diagrams for all piping systems, including pipe sizes.

Complete floor plans, details, and schedules. Provide floor plans showing all fixtures, utility entrances, water heaters. Provide notes and details.

Coordinate floor plans with other disciplines and coordinate phasing requirements.

Provide room names on all floor plans.

Provide domestic hot water calculations on cover sheet. Provide drainage fixture unit schedules on cover sheet showing types of fixtures removed and added for project.

Check that all title block information has been completed

on each drawing and that each drawing contains a key

plan (where applicable).

Sprinkler Systems – CD (95%) Submission

• General Requirements:

The A-E will provide a Final Performance specification for

the sprinkler system.

• Drawing Requirements:

Complete all details.
Show all main piping routing, service entrance, manifold

system, zone valves, inspector test valve locations, phasing

requirements and details such as service manifold system,

hangers, and branch over details, etc.

Provide final phasing coordination.
Provide sections of sprinkler piping located in tight areas,

where any question may arise as to the implementation of

piping requirements.

Coordinate floor plans with other disciplines and

coordinate phasing requirements.

Provide room names, NFPA hazard classification, and

numbers on all floor plans.

Check that all title block information has been completed

on each drawing and that each drawing contains a key

plan (if applicable).

Civil and Structural – CD (95%) Submission

Provide final structural calculations with a table of

contents and clear relationships to drawings and

specifications.

Cost Estimate – CD (95%) Submission

Check that all title block information has been completed on each drawing and that each drawing contains a key plan (where applicable).

Sprinkler Systems - CD (95%) Submission

General Requirements:

The A-E will provide a Final Performance specification for the sprinkler system

Drawing Requirements:

Complete all details.

Show all main piping routing, service entrance, manifold system, zone valves, inspector test valve locations, phasing requirements and details such as service manifold system, hangers, and branch over details, etc.

Provide final phasing coordination.

Provide sections of sprinkler piping located in tight areas, where any question may arise as to the implementation of piping requirements.

Coordinate floor plans with other disciplines and coordinate phasing requirements.

Provide room names, NFPA hazard classification, and numbers on all floor plans.

Check that all title block information has been completed on each drawing and that each drawing contains a key plan (if applicable).

I and Structural - CD (95%) Submission

Provide final structural calculations with a table of contents and clear relationships to drawings and specifications

Cost Estimate — CD (95%) Submission

Provide an updated cost estimate based upon market feedback. Provide

a detailed labor and material type cost estimate and organize by CSI

division.

2.2.4 A-E Construction Documents (100%)

• General (100%) Requirements

The A-E will prepare the 100% Construction Documents,

including drawings, details, and specifications and submit

them to the Owner at least one week prior to the 100%

review meeting. At the review meeting, the Design-

Builder and A-E will present the 100% Construction

Documents and will respond to questions and comments

to the design in writing (can be in the form of meeting

minutes). The Design-Builder will ensure that sufficient

persons, including subcontractors and consultants, attend

the review meeting so that responses can be provided.

The A-E will develop and provide the following during the

100% Construction Documents phase:

Complete construction Specifications
Complete civil, architectural, MEP, sprinkler, and structural

drawings

Construction documents that comply with all

requirements for final Russell County and/or Town of

Lebanon or other agency submission, if applicable.

Provide responses to all previous comments received

during design review not previously responded to.

Incorporate all comments resulting from building permit

applications.

Prepare final set of documents for use for construction.
Lack of inter-discipline coordination, incompleteness in

design of structural or MEP systems, or overall lack of

drawing completeness at this phase may result in

additional review session(s) beyond the final meeting,

which shall be provided at no additional cost to the

Owner. Completeness of submitted documents to avoid

disruptions of schedule is essential.

Provide an updated cost estimate based upon market feedback. Provide a detailed labor and material type cost estimate and organize by CSI

division.

2.2.4 A-E Construction Documents (100%)

General (100%) Requirements

The A-E will prepare the 100% Construction Documents, including drawings, details, and specifications and submit them to the Owner at least one week prior to the 100% review meeting. At the review meeting, the Design- Builder and A-E will present the 100% Construction Documents and will respond to questions and comments to the design in writing (can be in the form of meeting minutes). The Design-Builder will ensure that sufficient persons, including subcontractors and consultants, attend the review meeting so that responses can be provided. The A-E will develop and provide the following during the 100% Construction Documents phase:

Complete construction Specifications

Complete civil, architectural, MEP, sprinkler, and structural drawings

Construction documents that comply with all requirements for final Russell County and/or Town of Lebanon or other agency submission, if applicable. Provide responses to all previous comments received during design review not previously responded to. Incorporate all comments resulting from building permit applications.

Prepare final set of documents for use for construction. Lack of inter-discipline coordination, incompleteness in design of structural or MEP systems, or overall lack of drawing completeness at this phase may result in additional review session(s) beyond the final meeting, which shall be provided at no additional cost to the Owner. Completeness of submitted documents to avoid disruptions of schedule is essential.

Once all adjustments and corrections are made to the

100% Construction Documents, the A-E will present them

to the Owner for approval of the final design.

Subsequent to the 100% review meeting with Owner, the

A-E shall accomplish the following:

Incorporate all comments or requirements relating to

compliance with the Specifications and resulting from the

review meeting into the Construction Documents.

If required, send one (1) complete, signed and sealed set

of Construction Documents (drawings) and Specifications

(or as many as they require) with the required signed

design statement by the architect or engineer to Russell

County and/or the Town of Lebanon for their record.

2.2.5 Construction Phase

The A-E shall expeditiously and so as not to delay the progress of the

work, review and take action on shop drawings, samples and other

submittals of the Design-Builder for conformance with the design

concept of the project and for compliance with information given in the

Construction Documents. The Design-Builder shall obtain the approval

of the Owner’s Representative prior to approving any items that do not

conform to the requirements of the approved Construction Documents.

END

= Once all adjustments and corrections are made to the 100% Construction Documents, the A-E will present them to the Owner for approval of the final design.

= Subsequent to the 100% review meeting with Owner, the AE shall accomplish the following:

Incorporate all comments or requirements relating to compliance with the Specifications and resulting from the review meeting into the Construction Documents.
If required, send one (1) complete, signed and sealed set of Construction Documents (drawings) and Specifications (or as many as they require) with the required signed design statement by the architect or engineer to Russell County and/or the Town of Lebanon for their record.

2.2.5 Construction Phase

END

The A-E shall expeditiously and so as not to delay the progress of the work, review and take action on shop drawings, samples and other submittals of the Design-Builder for conformance with the design concept of the project and for compliance with information given in the Construction Documents. The Design-Builder shall obtain the approval of the Owner’s Representative prior to approving any items that do not conform to the requirements of the approved Construction Documents.

curtis.elswick Text Box EXHIBIT H - J.A. Street Outline Schedule

RUSSELL COUNTY COURTHOUSE DESIGN-BUILD OUTLINE SCHEDULE

DESIGN OUTLINE SCHEDULE DURATION OAC Pre-Construction Kickoff 1 weeks Schematic Design Drawings 6 weeks Owner Review and Approval of Schematic Design 2 weeks Design Development Drawings (Phased Construction Start) 4 weeks Design Development Budgeting 2 weeks Complete Construction Documents for GMP Pricing 8 weeks Generate GMP Pricing Proposal 4 weeks DESIGN DELIVERY DURATION TOTAL 27 weeks ‘CONSTRUCTION SCHEDULE 22 months

Construction Schedule Can Vary by Scope, Occupancy and Phasing Requirements Design and Construction Schedule Can Overlap with Phased Delivery Agreement

TARGET START

TARGET FINISH

12/14/20 12/20/20

12/21/20 2/a/2u 2/15/21 3/15/21 3/29/21 5/24/21

1/31/21 2/14/21 3/14/21 3/28/21 5/23/21 6/20/21 6/21/21

EXHIBIT H - J.A. Street Outline Schedule

EXHIBIT I

RUSSELL COUNTY VIRGINIA

REQUIRED GENERAL TERMS AND CONDITIONS

A. VENDORS MANUAL: This solicitation is subject to the provisions of the Commonwealth of Virginia

Vendors Manual and any changes or revisions thereto, which are hereby incorporated into this contract in their entirety.

B. APPLICABLE LAWS AND COURTS: This solicitation and any resulting contract shall be governed in all

respects by the laws of the Commonwealth of Virginia, without regard to its choice of law provisions, and any litigation with respect thereto shall be brought in the County’s Circuit Court. The County and the contractor are encouraged to resolve any issues in controversy arising from the award of the contract or any contractual dispute using Alternative Dispute Resolution (ADR) procedures (Code of Virginia, § 2.2- 4366). ADR procedures are described in Chapter 9 of the Vendors Manual. The contractor shall comply with all applicable federal, state, and local laws, rules, and regulations.

C. ANTI-DISCRIMINATION: By submitting their (bids/proposals), (bidders/offerors) certify to the that they will

conform to the provisions of the Federal Civil Rights Act of 1964, as amended, as well as the Virginia Fair Employment Contracting Act of 1975, as amended, where applicable, the Virginians With Disabilities Act, the Americans With Disabilities Act and § 2.2-4311 of the Virginia Public Procurement Act (VPPA). If the award is made to a faith-based organization, the organization shall not discriminate against any recipient of goods, services, or disbursements made pursuant to the contract on the basis of the recipient’s religion, religious belief, refusal to participate in a religious practice, or on the basis of race, age, color, gender sexual orientation, gender identity, or national origin and shall be subject to the same rules as other organizations that contract with public bodies to account for the use of the funds provided; however, if the faith-based organization segregates public funds into separate accounts, only the accounts and programs funded with public funds shall be subject to audit by the public body. (Code of Virginia, § 2.2-4343.1E).

In every contract over $10,000 the provisions in 1. and 2. below apply:

During the performance of this contract, the contractor agrees as follows:

a. The contractor will not discriminate against any employee or applicant for employment because of race, religion, color, sex, sexual orientation, gender identity, national origin, age, disability, or any 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.

d. If the contractor employs more than five employees, the contractor shall (i) provide annual training

on the contractor’s sexual harassment policy to all supervisors and employees.

e. The requirements of these provisions 1. and 2. are a material part of the contract. If the Contractor

violates one of these provisions, the County may terminate the affected part of this contract for

EXHIBIT |

RUSSELL COUNTY VIRGINIA REQUIRED GENERAL TERMS AND CONDITIONS

VENDORS MANUAL: This solicitation is subject to the provisions of the Commonwealth of Virginia Vendors Manual and any changes or revisions thereto, which are hereby incorporated into this contract in their entirety.

APPLICABLE LAWS AND COURTS: This solicitation and any resulting contract shall be governed in all respects by the laws of the Commonwealth of Virginia, without regard to its choice of law provisions, and any litigation with respect thereto shall be brought in the County’s Circuit Court. The County and the contractor are encouraged to resolve any issues in controversy arising from the award of the contract or any contractual dispute using Alternative Dispute Resolution (ADR) procedures (Code of Virginia, § 2.2- 4366). ADR procedures are described in Chapter 9 of the Vendors Manual. The contractor shall comply with all applicable federal, state, and local laws, rules, and regulations.

ANTI-DISCRIMINATION: By submitting their (bids/proposals), (bidders/offerors) certify to the that they will conform to the provisions of the Federal Civil Rights Act of 1964, as amended, as well as the Virginia Fair Employment Contracting Act of 1975, as amended, where applicable, the Virginians With Disabilities Act, the Americans With Disabilities Act and § 2.2-4311 of the Virginia Public Procurement Act (VPPA). If the award is made to a faith-based organization, the organization shall not discriminate against any recipient of goods, services, or disbursements made pursuant to the contract on the basis of the recipient’s religion, religious belief, refusal to participate in a religious practice, or on the basis of race, age, color, gender sexual orientation, gender identity, or national origin and shall be subject to the same rules as other organizations that contract with public bodies to account for the use of the funds provided; however, if the faith-based organization segregates public funds into separate accounts, only the accounts and programs funded with public funds shall be subject to audit by the public body. (Code of Virginia, § 2.2-4343.1E),

In every contract over $10,000 the provisions in 1. and 2. below apply:

During the performance of this contract, the contractor agrees as follows:

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.

d. Ifthe contractor employs more than five employees, the contractor shall (i) provide annual training on the contractor’s sexual harassment policy to all supervisors and employees.

e. The requirements of these provisions 1. and 2. are a material part of the contract. If the Contractor violates one of these provisions, the County may terminate the affected part of this contract for

breach, or at its option, the whole contract. Violation of one of these provisions may also result in debarment from State contracting regardless of whether the specific contract is terminated.

f. In accordance with Executive Order 61 (2017), a prohibition on discrimination by the contractor,

in its employment practices, subcontracting practices, and delivery of goods or services, on the basis of race, sex, color, national origin, religion, sexual orientation, gender identity, age, political affiliation, disability, or veteran status, is hereby incorporated in this contract.

The contractor will include the provisions of 1. above in every subcontract or purchase order over

$10,000, so that the provisions will be binding upon each subcontractor or vendor.

D. ETHICS IN PUBLIC CONTRACTING: By submitting their (bids/proposals), (bidders/offerors) certify that their (bids/proposals) are made without collusion or fraud and that they have not offered or received any kickbacks or inducements from any other (bidder/offeror), supplier, manufacturer, or subcontractor in connection with their (bid/proposal), and that they have not conferred on any public employee having official responsibility for this procurement transaction any payment, loan, subscription, advance, deposit of money, services or anything of more than nominal value, present or promised, unless consideration of substantially equal or greater value was exchanged.

E. IMMIGRATION REFORM AND CONTROL ACT OF 1986: Applicable for all contracts over $10,000:
By entering into a written contract with the County, the Contractor certifies that the Contractor does not, and

shall not during the performance of the contract for goods and services, knowingly employ an unauthorized alien as defined in the federal Immigration Reform and Control Act of 1986.

F. DEBARMENT STATUS: By participating in this procurement, the vendor certifies that they are not currently

debarred by the Commonwealth of Virginia from submitting a response for the type of goods and/or services covered by this solicitation. Vendor further certifies that they are not debarred from filling any order or accepting any resulting order, or that they are an agent of any person or entity that is currently debarred by the Commonwealth of Virginia.

If a vendor is created or used for the purpose of circumventing a debarment decision against another

vendor, the non-debarred vendor will be debarred for the same time-period as the debarred vendor.

G. ANTITRUST: By entering into a contract, the contractor conveys, sells, assigns, and transfers to the County

all rights, title and interest in and to all causes of action it may now have or hereafter acquire under the antitrust laws of the United States and the Commonwealth of Virginia, relating to the particular goods or services purchased or acquired by the County under said contract.

H. CLARIFICATION OF TERMS: If any prospective (bidder/offeror) has questions about the specifications or

other solicitation documents, the prospective (bidder/offeror) should contact the County or County Agent whose name appears on the face of the solicitation no later than five working days before the due date.
Any revisions to the solicitation will be made only by addendum issued by the buyer.

I. PAYMENT:

To Prime Contractor:

a. Invoices for items ordered, delivered and accepted shall be submitted by the contractor directly to the payment address shown on the purchase order/contract. All invoices shall show the contract number and/or purchase order number; social security number (for individual contractors) or the federal employer identification number (for proprietorships, partnerships, and corporations).

b. Any payment terms requiring payment in less than 30 days will be regarded as requiring payment

30 days after invoice or delivery, whichever occurs last. This shall not affect offers of discounts for payment in less than 30 days, however.

breach, or at its option, the whole contract. Violation of one of these provisions may also result in debarment from State contracting regardless of whether the specific contract is terminated

f. In accordance with Executive Order 61 (2017), a prohibition on discrimination by the contractor, in its employment practices, subcontracting practices, and delivery of goods or services, on the basis of race, sex, color, national origin, religion, sexual orientation, gender identity, age, political affiliation, disability, or veteran status, is hereby incorporated in this contract.

The contractor will include the provisions of 1. above in every subcontract or purchase order over $10,000, so that the provisions will be binding upon each subcontractor or vendor.

ETHICS IN PUBLIC CONTRACTING: By submitting their (bids/proposals), (bidders/oferors) certify that their (bids/proposals) are made without collusion or fraud and that they have not offered or received any kickbacks or inducements from any other (bidderiofferor), supplier, manufacturer, or subcontractor in ‘connection with their (bid/proposal), and that they have not conferred on any public employee having official responsibility for this procurement transaction any payment, loan, subscription, advance, deposit of money, services or anything of more than nominal value, present or promised, unless consideration of substantially ‘equal or greater value was exchanged

IMMIGRATION REFORM AND CONTROL ACT OF 1986: Applicable for all contracts over $10,000:

By entering into a written contract with the County, the Contractor certifies that the Contractor does not, and shall not during the performance of the contract for goods and services, knowingly employ an unauthorized alien as defined in the federal Immigration Reform and Control Act of 1986.

DEBARMENT STATUS: By participating in this procurement, the vendor certifies that they are not currently debarred by the Commonwealth of Virginia from submitting a response for the type of goods and/or services covered by this solicitation. Vendor further certifies that they are not debarred from filling any order or accepting any resulting order, or that they are an agent of any person or entity that is currently debarred by the Commonwealth of Virginia.

If a vendor is created or used for the purpose of circumventing a debarment decision against another vendor, the non-debarred vendor will be debarred for the same time-period as the debarred vendor.

ANTITRUST: By entering into a contract, the contractor conveys, sells, assigns, and transfers to the County all rights, title and interest in and to all causes of action it may now have or hereafter acquire under the antitrust laws of the United States and the Commonwealth of Virginia, relating to the particular goods or services purchased or acquired by the County under said contract.

CLARIFICATION OF TERMS: If any prospective (bidder/offeror) has questions about the specifications or other solicitation documents, the prospective (bidderlofferor) should contact the County or County Agent whose name appears on the face of the solicitation no later than five working days before the due date. Any revisions to the solicitation will be made only by addendum issued by the buyer.

PAYMENT:

4, To Prime Contract

b. Any payment terms requiring payment in less than 30 days will be regarded as requiring payment, 30 days after invoice or delivery, whichever occurs last. This shall not affect offers of discounts for payment in less than 30 days, however.

c. All goods or services provided under this contract or purchase order, that are to be paid for with public funds, shall be billed by the contractor at the contract price.

d. The following shall be deemed to be the date of payment: the date of postmark in all cases where

payment is made by mail, or when offset proceedings have been instituted as authorized under the Virginia Debt Collection Act.

e. Unreasonable Charges. Under certain emergency procurements and for most time and material

purchases, final job costs cannot be accurately determined at the time orders are placed. In such cases, contractors should be put on notice that final payment in full is contingent on a determination of reasonableness with respect to all invoiced charges. Charges which appear to be unreasonable will be resolved in accordance with Code of Virginia, § 2.2-4363 and -4364.
Upon determining that invoiced charges are not reasonable, the County shall notify the contractor of defects or improprieties in invoices within fifteen (15) days as required in Code of Virginia, § 2.2-4351.,. The provisions of this section do not relieve the County of its prompt payment obligations with respect to those charges which are not in dispute (Code of Virginia, § 2.2-4363).

To Subcontractors:

a. Within seven (7) days of the contractor’s receipt of payment, a contractor awarded a contract

under this solicitation is hereby obligated:

(1) To pay the subcontractor(s) for the proportionate share of the payment received for work performed by the subcontractor(s) under the contract; or

(2) To notify the County and the subcontractor(s), in writing, of the contractor’s intention to

withhold payment and the reason.

Each prime contractor who wins an award in which provision of a SWaM procurement plan is a condition to the award, shall deliver to the contracting County, on or before request for final payment, evidence, and certification of compliance (subject only to insubstantial shortfalls and to shortfalls arising from subcontractor default) with the SWaM procurement plan. Final payment under the contract in question may be withheld until such certification is delivered and, if necessary, confirmed by the County or institution, or other appropriate penalties may be assessed in lieu of withholding such payment.

J. PRECEDENCE OF TERMS: The following General Terms and Conditions VENDORS MANUAL,

APPLICABLE LAWS AND COURTS, ANTI-DISCRIMINATION, ETHICS IN PUBLIC CONTRACTING, IMMIGRATION REFORM AND CONTROL ACT OF 1986, DEBARMENT STATUS, ANTITRUST, MANDATORY USE OF STATE FORM AND TERMS AND CONDITIONS, CLARIFICATION OF TERMS, PAYMENT shall apply in all instances. In the event there is a conflict between any of the other General Terms and Conditions and any Special Terms and Conditions in this solicitation, the Special Terms and Conditions shall apply.

K. QUALIFICATIONS OF (BIDDERS/OFFERORS): The County may make such reasonable investigations

as deemed proper and necessary to determine the ability of the (bidder/offeror) to perform the services/furnish the goods and the (bidder/offeror) shall furnish to the County all such information and data for this purpose as may be requested. The County reserves the right to inspect (bidder’s/offeror’s) physical facilities prior to award to satisfy questions regarding the (bidder’s/offeror’s) capabilities. The County further reserves the right to reject any (bid/proposal) if the evidence submitted by, or investigations of, such (bidder/offeror) fails to satisfy the County that such (bidder/offeror) is properly qualified to carry out the obligations of the contract and to provide the services and/or furnish the goods contemplated therein.

L. TESTING AND INSPECTION: The County reserves the right to conduct any test/inspection it may deem

advisable to assure goods and services conform to the specifications.

©. All goods or services provided under this contract or purchase order, that are to be paid for with public funds, shall be billed by the contractor at the contract price

The following shalll be deemed to be the date of payment: the date of postmark in all cases where payment is made by mail, or when offset proceedings have been instituted as authorized under the Virginia Debt Collection Act.

e. Unreasonable Charges. Under certain emergency procurements and for most time and material purchases, final job costs cannot be accurately determined at the time orders are placed. In such ‘cases, contractors should be put on notice that final payment in full is contingent on a determination of reasonableness with respect to all invoiced charges. Charges which appear to be unreasonable will be resolved in accordance with Code of Virginia, § 2.2-4363 and -4364. Upon determining that invoiced charges are not reasonable, the County shall notify the contractor of defects or improprieties in invoices within fifteen (15) days as required in Code of Virginia, § 2.2-4351.,… The provisions of this section do not relieve the County of its prompt payment obligations with respect to those charges which are not in dispute (Code of Virginia, § 2.2-4363).

To Subcontractors:

a. Within seven (7) days of the contractor’s receipt of payment, a contractor awarded a contract under this solicitation is hereby obligated:

(1) To pay the subcontractor(s) for the proportionate share of the payment received for work performed by the subcontractor(s) under the contract; or

(2) To notify the County and the subcontractor(s), in writing, of the contractor’s intention to withhold payment and the reason.

Each prime contractor who wins an award in which provision of a SWaM procurement plan is a condition to the award, shall deliver to the contracting County, on or before request for final payment, evidence, and certification of compliance (subject only to insubstantial shortfalls and to shortfalls arising from subcontractor default) with the SWaM procurement plan. Final payment under the contract in question may be withheld until such certification is delivered and, if necessary, confirmed by the County or institution, or other appropriate penalties may be assessed in lieu of withholding such payment.

PRECEDENCE OF TERMS: The following General Terms and Conditions VENDORS MANUAL, APPLICABLE LAWS AND COURTS, ANTI-DISCRIMINATION, ETHICS IN PUBLIC CONTRACTING, IMMIGRATION REFORM AND CONTROL ACT OF 1986, DEBARMENT STATUS, ANTITRUST, MANDATORY USE OF STATE FORM AND TERMS AND CONDITIONS, CLARIFICATION OF TERMS, PAYMENT shall apply in all instances. In the event there is a conflict between any of the other General Terms and Conditions and any Special Terms and Conditions in this solicitation, the Special Terms and Conditions shall apply.

QUALIFICATIONS OF (BIDDERS/OFFERORS): The County may make such reasonable investigations as deemed proper and necessary to determine the ability of the (bidder/offeror) to perform the services/furnish the goods and the (bidder/offeror) shall furnish to the County all such information and data for this purpose as may be requested. The County reserves the right to inspect (bidder’s/offeror’s) physical facilities prior to award to satisfy questions regarding the (bidder’s/offeror’s) capabilities. The County further reserves the right to reject any (bid/proposal) if the evidence submitted by, or investigations of, such (bidderlofferor) fails to satisfy the County that such (bidderofferor) is properly qualified to carry out the obligations of the contract and to provide the services and/or furnish the goods contemplated therein.

TESTING AND INSPECTION: The County reserves the right to conduct any test/inspection it may deem ‘advisable to assure goods and services conform to the specifications.

M. ASSIGNMENT OF CONTRACT: A contract shall not be assignable by the contractor in whole or in part without the written consent of the County.

N. CHANGES TO THE CONTRACT: Changes can be made to the contract in any of the following ways:

The parties may agree in writing to modify the terms, conditions, or scope of the contract. Any additional goods or services to be provided shall be of a sort that is ancillary to the contract goods or services, or within the same broad product or service categories as were included in the contract award. Any increase or decrease in the price of the contract resulting from such modification shall be agreed to by the parties as a part of their written agreement to modify the scope of the contract.
The County may order changes within the general scope of the contract at any time by written notice

to the contractor. Changes within the scope of the contract include, but are not limited to, things such as services to be performed, the method of packing or shipment, and the place of delivery or installation. The contractor shall comply with the notice upon receipt, unless the contractor intends to claim an adjustment to compensation, schedule, or other contractual impact that would be caused by complying with such notice, in which case the contractor shall, in writing, promptly notify the County of the adjustment to be sought, and before proceeding to comply with the notice, shall await the County’s written decision affirming, modifying, or revoking the prior written notice. If the County decides to issue a notice that requires an adjustment to compensation, the contractor shall be compensated for any additional costs incurred as the result of such order and shall give the County a credit for any savings.
Said compensation shall be determined by one of the following methods:

a. By mutual agreement between the parties in writing; or

b. By agreeing upon a unit price or using a unit price set forth in the contract, if the work to be done

can be expressed in units, and the contractor accounts for the number of units of work performed, subject to the County’s right to audit the contractor’s records and/or to determine the correct number of units independently.

O. DEFAULT: In case of failure to deliver goods or services in accordance with the contract terms and

conditions, the County, after due oral or written notice, may procure them from other sources and hold the contractor responsible for any resulting additional purchase and administrative costs. This remedy shall be in addition to any other remedies which the County may have.

P. TAXES: Sales to the County are normally exempt from State sales tax. State sales and use tax certificates

of exemption will be issued upon request. Deliveries against this contract shall usually be free of Federal excise and transportation taxes.

Q. USE OF BRAND NAMES: Unless otherwise provided in this solicitation, the name of a certain brand, make

or manufacturer does not restrict (bidders/offerors) to the specific brand, make or manufacturer named, but conveys the general style, type, character, and quality of the article desired. Any article which the public body, in its sole discretion, determines to be the equivalent of that specified, considering quality, workmanship, economy of operation, and suitability for the purpose intended, shall be accepted. The (bidder/offeror) is responsible to clearly and specifically identify the product being offered and to provide sufficient descriptive literature, catalog cuts and technical detail to enable the Commonwealth to determine if the product offered meets the requirements of the solicitation. This is required even if offering the exact brand, make or manufacturer specified. Normally in competitive sealed bidding only the information furnished with the bid will be considered in the evaluation. Failure to furnish adequate data for evaluation purposes may result in declaring a bid nonresponsive. Unless the (bidder/offeror) clearly indicates in its (bid/proposal) that the product offered is an equivalent product, such (bid/proposal) will be considered to offer the brand name product referenced in the solicitation.

R. TRANSPORTATION AND PACKAGING: By submitting their (bids/proposals), all (bidders/offerors) certify

and warrant that the price offered for FOB destination includes only the actual freight rate costs at the lowest and best rate and is based upon the actual weight of the goods to be shipped. Except as otherwise specified

M. ASSIGNMENT OF CONTRACT: A contract shall not be assignable by the contractor in whole or in part without the written consent of the County.

N. CHANGES TO THE CONTRACT: Changes can be made to the contract in any of the following ways:

The parties may agree in writing to modify the terms, conditions, or scope of the contract. Any additional goods or services to be provided shall be of a sort that is ancillary to the contract goods or services, or within the same broad product or service categories as were included in the contract award. Any increase or decrease in the price of the contract resulting from such modification shall be agreed to by the parties as a part of their written agreement to modify the scope of the contract.
The County may order changes within the general scope of the contract at any time by written notice to the contractor. Changes within the scope of the contract include, but are not limited to, things such as services to be performed, the method of packing or shipment, and the place of delivery or installation. The contractor shall comply with the notice upon receipt, unless the contractor intends to claim an adjustment to compensation, schedule, or other contractual impact that would be caused by ‘complying with such notice, in which case the contractor shall, in writing, promptly notify the County of the adjustment to be sought, and before proceeding to comply with the notice, shall await the County’s written decision affirming, modifying, or revoking the prior written notice. If the County decides to issue notice that requires an adjustment to compensation, the contractor shall be compensated for any additional costs incurred as the result of such order and shall give the County a credit for any savings. Said compensation shall be determined by one of the following methods:

a. By mutual agreement between the parties in writing; or

b. By agreeing upon a unit price or using a unit price set forth in the contract, if the work to be done ‘can be expressed in units, and the contractor accounts for the number of units of work performed, subject to the County’s right to audit the contractor’s records and/or to determine the correct number of units independently.

DEFAULT: In case of failure to deliver goods or services in accordance with the contract terms and ‘conditions, the County, after due oral or written notice, may procure them from other sources and hold the contractor responsible for any resulting additional purchase and administrative costs. This remedy shall be in addition to any other remedies which the County may have.

P. TAXES: Sales to the County are normally exempt from State sales tax. State sales and use tax certificates of exemption will be issued upon request. Deliveries against this contract shall usually be free of Federal ‘excise and transportation taxes.

Q. USE OF BRAND NAMES: Unless otherwise provided in this solicitation, the name of a certain brand, make or manufacturer does not restrict (bidders/offerors) to the specific brand, make or manufacturer named, but conveys the general style, type, character, and quality of the article desired. Any article which the public body, in its sole discretion, determines to be the equivalent of that specified, considering quality, workmanship, economy of operation, and suitability for the purpose intended, shall be accepted. The (bidder/offeror) is responsible to clearly and specifically identify the product being offered and to provide sufficient descriptive literature, catalog cuts and technical detail to enable the Commonwealth to determine if the product offered meets the requirements of the solicitation. This is required even if offering the exact brand, make or manufacturer specified. Normally in competitive sealed bidding only the information furnished with the bid will be considered in the evaluation. Failure to furnish adequate data for evaluation purposes may result in declaring a bid nonresponsive. Unless the (bidder/offeror) clearly indicates in its (bid/proposal) that the product offered is an equivalent product, such (bid/proposal) will be considered to offer the brand name product referenced in the solicitation.

R. TRANSPORTATION AND PACKAGING: By submitting their (bids/proposals), all (bidders/offerors) certify ‘and warrant that the price offered for FOB destination includes only the actual freight rate costs at the lowest and best rate and is based upon the actual weight of the goods to be shipped. Except as otherwise specified

herein, standard commercial packaging, packing, and shipping containers shall be used. All shipping containers shall be legibly marked or labeled on the outside with purchase order number, commodity description, and quantity.

S. INSURANCE: By signing and submitting a bid or proposal under this solicitation, the bidder or offeror

certifies that if awarded the contract, it will have the following insurance coverage at the time the contract is awarded. For construction contracts, if any subcontractors are involved, the subcontractor will have workers’ compensation insurance in accordance with §§ 2.2-4332 and 65.2-800 et seq. of the Code of Virginia. The bidder or offeror further certifies that the contractor and any subcontractors will maintain these insurance coverages during the entire term of the contract and that all insurance coverage will be provided by insurance companies authorized to sell insurance in Virginia by the Virginia State Corporation Commission.

MINIMUM INSURANCE COVERAGES AND LIMITS:

Workers’ Compensation - Statutory requirements and benefits. Coverage is compulsory for employers

of three or more employees, to include the employer. Contractors who fail to notify the County of increases in the number of employees that change their workers’ compensation requirements under the Code of Virginia during the course of the contract shall be in noncompliance with the contract.

Employer’s Liability - $100,000.
Commercial General Liability - $1,000,000 per occurrence and $2,000,000 in the aggregate.

Commercial General Liability is to include bodily injury and property damage, personal injury and advertising injury, products and completed operations coverage. The Commonwealth of Virginia shall be added as an additional insured to the policy by an endorsement.

Automobile Liability - $1,000,000 combined single limit. (Required only if a motor vehicle not owned by

the Commonwealth is to be used in the contract. Contractor must assure that the required coverage is maintained by the Contractor (or third-party owner of such motor vehicle.)

Profession/Service Limits Architecture $2,000,000 per occurrence, $6,000,000 aggregate Asbestos Design, Inspection Contractors $1,000,000 per occurrence, $3,000,000 aggregate Landscape/Architecture $1,000,000 per occurrence, $1,000,000 aggregate Professional Engineer $2,000,000 per occurrence, $6,000,000 aggregate Surveying $1,000,000 per occurrence, $1,000,000 aggregate

T. ANNOUNCEMENT OF AWARD: Upon the award or the announcement of the decision to award a contract

as a result of this solicitation, the County will publicly post such notice on the DGS/DPS eVA VBO (www.eva.virginia.gov) for a minimum of 10 days.

U. DRUG-FREE WORKPLACE: Applicable for all contracts over $10,000:

During the performance of this contract, the contractor agrees to (i) provide a drug-free workplace for the contractor’s employees; (ii) post in conspicuous places, available to employees and applicants for employment, a statement notifying employees that the unlawful manufacture, sale, distribution, dispensation, possession, or use of a controlled substance or marijuana is prohibited in the contractor’s workplace and specifying the actions that will be taken against employees for violations of such prohibition; (iii) state in all solicitations or advertisements for employees placed by or on behalf of the contractor that the contractor maintains a drug-free workplace; and (iv) include the provisions of the foregoing clauses in every subcontract or purchase order of over $10,000, so that the provisions will be binding upon each subcontractor or vendor.

For the purposes of this section, “drug-free workplace” means a site for the performance of work done in

connection with a specific contract awarded to a contractor, the employees of whom are prohibited from

INSURANCE: By signing and submitting a bid or proposal under this solicitation, the bidder or offeror certifies that if awarded the contract, it will have the following insurance coverage at the time the contract is awarded. For construction contracts, if any subcontractors are involved, the subcontractor will have workers’ compensation insurance in accordance with §§ 2.2-4332 and 65.2-800 et seq. of the Code of Virginia. The bidder or offeror further certifies that the contractor and any subcontractors will maintain these insurance coverages during the entire term of the contract and that all insurance coverage will be provided by insurance companies authorized to sell insurance in Virginia by the Virginia State Corporation Commission.

MINIMUM INSURANCE COVERAGES AND LIMITS:

Workers’ Compensation - Statutory requirements and benefits. Coverage is compulsory for employers of three or more employees, to include the employer. Contractors who fail to notify the County of increases in the number of employees that change their workers’ compensation requirements under the Code of Virainia during the course of the contract shall be in noncompliance with the contract.
Employer’s Liability - $100,000,
Commercial General Liability - $1,000,000 per occurrence and $2,000,000 in the aggregate. Commercial General Liability is to include bodily injury and property damage, personal injury and advertising injury, products and completed operations coverage. The Commonwealth of Virginia shall be added as an additional insured to the policy by an endorsement.

4, Automobile Liability - $1,000,000 combined single limit. (Required only if a motor vehicle not owned by the Commonwealth is to be used in the contract. Contractor must assure that the required coverage is maintained by the Contractor (or third-party owner of such motor vehicle.)

Profession/Service Limits

Architecture $2,000,000 per occurrence, $6,000,000 aggregate Asbestos Design, Inspection Contractors $1,000,000 per occurrence, $3,000,000 aggregate Landscape/Architecture $1,000,000 per occurrence, $1,000,000 aggregate Professional Engineer $2,000,000 per occurrence, $6,000,000 aggregate Surveying $1,000,000 per occurrence, $1,000,000 aggregate

ANNOUNCEMENT OF AWARD: Upon the award or the announcement of the decision to award a contract as a result of this solicitation, the County will publicly post such notice on the DGS/DPS eVA VBO (www.eva.virginia.gov) for a minimum of 10 days.

DRUG-FREE WORKPLAC

pplicable for all contracts over $10,000:

During the performance of this contract, the contractor agrees to (i) provide a drug-free workplace for the contractor’s employees; (ii) post in conspicuous places, available to employees and applicants for employment, a statement notifying employees that the unlawful manufacture, sale, distribution, dispensation, possession, or use of a controlled substance or marijuana is prohibited in the contractor’s, workplace and specifying the actions that will be taken against employees for violations of such prohibition; (ii) state in all solicitations or advertisements for employees placed by or on behalf of the contractor that the contractor maintains a drug-free workplace; and (iv) include the provisions of the foregoing clauses in every subcontract or purchase order of over $10,000, so that the provisions will be binding upon each subcontractor or vendor.

For the purposes of this section, “drug-free workplace” means a site for the performance of work done in connection with a specific contract awarded to a contractor, the employees of whom are prohibited from

engaging in the unlawful manufacture, sale, distribution, dispensation, possession or use of any controlled substance or marijuana during the performance of the contract.

V. NONDISCRIMINATION OF CONTRACTORS: A bidder, offeror, or contractor shall not be discriminated

against in the solicitation or award of this contract because of race, religion, color, sex, sexual orientation, gender identity, national origin, age, disability, faith-based organizational status, any other basis prohibited by state law relating to discrimination in employment or because the bidder or offeror employs ex-offenders unless the state agency, department or institution has made a written determination that employing ex- offenders on the specific contract is not in its best interest. If the award of this contract is made to a faith- based organization and an individual, who applies for or receives goods, services, or disbursements provided pursuant to this contract objects to the religious character of the faith-based organization from which the individual receives or would receive the goods, services, or disbursements, the public body shall offer the individual, within a reasonable period of time after the date of his objection, access to equivalent goods, services, or disbursements from an alternative provider.

W. eVA BUSINESS-TO-GOVERNMENT VENDOR REGISTRATION, CONTRACTS, AND ORDERS:

The eVA Internet electronic procurement solution, web site portal www.eVA.virginia.gov, streamlines and automates government purchasing activities in the Commonwealth. The eVA portal is the gateway for vendors to conduct business with state agencies and public bodies. All vendors desiring to provide goods and/or services to the County shall participate in the eVA Internet e-procurement solution by completing the free eVA Vendor Registration. All bidders or offerors must register in eVA and pay the Vendor Transaction Fees specified below; failure to register will result in the bid/proposal being rejected.

Vendor transaction fees are determined by the date the original purchase order is issued and the current

fees are as follows:

a. For orders issued July 1, 2014, and after, the Vendor Transaction Fee is:

(i) DSBSD-certified Small Businesses: 1%, capped at $500 per order. (ii) Businesses that are not DSBSD-certified Small Businesses: 1%, capped at $1,500 per

order.

b. Refer to Special Term and Condition “eVA Orders and Contracts” to identify the number of purchase orders that will be issued as a result of this solicitation/contract with the eVA transaction fee specified above assessed for each order.

The specified vendor transaction fee will be invoiced, by the Commonwealth of Virginia Department of General Services, typically within 60 days of the order issue date. Any adjustments (increases/decreases) will be handled through purchase order changes.

X. SET-ASIDES IN ACCORDANCE WITH THE SMALL BUSINESS ENHANCEMENT AWARD PRIORITY:

This solicitation is set-aside for award priority to DSBSD-certified micro businesses or small businesses when designated as “Micro Business Set-Aside Award Priority” or “Small Business Set-Aside Award Priority” accordingly in the solicitation. DSBSD-certified micro businesses or small businesses also includes DSBSD-certified women-owned and minority-owned businesses when they have received the DSBSD small business certification. For purposes of award, bidders/offerors shall be deemed micro businesses or small businesses if and only if they are certified as such by DSBSD on the due date for receipt of bids/proposals.

Z. BID PRICE CURRENCY: Unless stated otherwise in the solicitation, bidders/offerors shall state bid/offer

prices in US dollars.

AA. AUTHORIZATION TO CONDUCT BUSINESS IN THE COMMONWEALTH: A contractor organized as

a stock or nonstock corporation, limited liability company, business trust, or limited partnership or registered as a registered limited liability partnership 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 of the Code

‘engaging in the unlawful manufacture, sale, distribution, dispensation, possession or use of any controlled ‘substance or marijuana during the performance of the contract.

NONDISCRIMINATION OF CONTRACTORS: A bidder, offeror, or contractor shall not be discriminated against in the solicitation or award of this contract because of race, religion, color, sex, sexual orientation, gender identity, national origin, age, disability, faith-based organizational status, any other basis prohibited by state law relating to discrimination in employment or because the bidder or offeror employs ex-offenders unless the state agency, department or institution has made a written determination that employing ex- offenders on the specific contract is not in its best interest. If the award of this contract is made to a faith- based organization and an individual, who applies for or receives goods, services, or disbursements provided pursuant to this contract objects to the religious character of the faith-based organization from which the individual receives or would receive the goods, services, or disbursements, the public body shall offer the individual, within a reasonable period of time after the date of his objection, access to equivalent goods, services, or disbursements from an alternative provider.

eVA BUSINESS-TO-GOVERNMENT VENDOR REGISTRATION, CONTRACTS, AND ORDERS:

Vendor transaction fees are determined by the date the original purchase order is issued and the current fees are as follows:

a. For orders issued July 1, 2014, and after, the Vendor Transaction Fee is:

(i) DSBSD-certified Small Businesses: 1%, capped at $500 per order.

(i) Businesses that are not DSBSD-certified Small Businesses: 1%, capped at $1,500 per order.

SET-ASIDES IN ACCORDANCE WITH THE SMALL BUSINESS ENHANCEMENT AWARD PRIORITY: This solicitation is set-aside for award priority to DSBSD-certified micro businesses or small businesses when designated as “Micro Business Set-Aside Award Priority” or “Small Business Set-Aside Award Priority" accordingly in the solicitation. DSBSD-certified micro businesses or small businesses also includes DSBSD-certified women-owned and minority-owned businesses when they have received the DSBSD small business certification. For purposes of award, bidders/offerors shall be deemed micro businesses or small businesses if and only if they are certified as such by DSBSD on the due date for receipt of bids/proposals.

BID PRICE CURRENCY: Unless stated otherwise in the solicitation, bidders/offerors shall state bid/offer prices in US dollars.

AUTHORIZATION TO CONDUCT BUSINESS IN THE COMMONWEALTH: A contractor organized as ‘a stock or nonstock corporation, limited liability company, business trust, or limited partnership or registered as a registered limited liability partnership shail 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 of the Code

of Virginia or as otherwise required by law. Any business entity described above that enters into a contract with a public body pursuant to the Virginia Public Procurement Act shall not allow its existence to lapse or its certificate of authority or registration to transact business in the Commonwealth, if so, required under Title 13.1 or Title 50, to be revoked or cancelled at any time during the term of the contract. A public body may void any contract with a business entity if the business entity fails to remain in compliance with the provisions of this section.

BB. CIVILITY IN STATE WORKPLACES: The contractor shall take all reasonable steps to ensure that no

individual, while performing work on behalf of the contractor or any subcontractor in connection with this agreement (each, a “Contract Worker”), shall engage in 1) harassment (including sexual harassment), bullying, cyber-bullying, or threatening or violent conduct, or 2) discriminatory behavior on the basis of race, sex, color, national origin, religious belief, sexual orientation, gender identity or expression, age, political affiliation, veteran status, or disability.

The contractor shall provide each Contract Worker with a copy of this Section and will require Contract Workers to participate in County training on civility in the State workplace if contractor’s (and any subcontractor’s) regular mandatory training programs do not already encompass equivalent or greater expectations. Upon request, the contractor shall provide documentation that each Contract Worker has received such training.

For purposes of this Section, “State workplace” includes any location, permanent or temporary, where a Commonwealth employee performs any work-related duty or is representing his or her agency, as well as surrounding perimeters, parking lots, outside meeting locations, and means of travel to and from these locations. Communications are deemed to occur in a State workplace if the Contract Worker reasonably should know that the phone number, email, or other method of communication is associated with a State workplace or is associated with a person who is a State employee.

The County may require, at its sole discretion, the removal and replacement of any Contract Worker who the County reasonably believes to have violated this Section.

This Section creates obligations solely on the part of the contractor. Employees or other third parties may benefit incidentally from this Section and from training materials or other communications distributed on this topic, but the Parties to this agreement intend this Section to be enforceable solely by the Commonwealth and not by employees or other third parties.

BB.

of Virginia or as otherwise required by law. Any business entity described above that enters into a contract with a public body pursuant to the Virginia Public Procurement Act shall not allow its existence to lapse or its certificate of authority or registration to transact business in the Commonwealth, if so, required under Title 13.1 of Title 50, to be revoked or cancelled at any time during the term of the contract. A public body may void any contract with a business entity if the business entity fails to remain in compliance with the provisions of this section.

CIVILITY IN STATE WORKPLACES: The contractor shall take all reasonable steps to ensure that no individual, while performing work on behalf of the contractor or any subcontractor in connection with this agreement (each, a “Contract Worker’), shall engage in 1) harassment (including sexual harassment), bullying, cyber-bullying, or threatening or violent conduct, or 2) discriminatory behavior on the basis of race, sex, color, national origin, religious belief, sexual orientation, gender identity or expression, age, political affiliation, veteran status, or disability

The County may require, at its sole discretion, the removal and replacement of any Contract Worker who the County reasonably believes to have violated this Section.

RUSSELL COUNTY COURTHOUSE NEW ADDITION AND RENOVATIONS

SCHEMATIC DESIGN PHASE SPACE PLANNING REVIEW

GENERAL DISTRICT COURT JUVENILE AND DOMESTIC RELATIONS COURT

January 29. 2021

RUSSELL COUNTY COURTHOUSE NEW ADDITION AND RENOVATIONS

SCHEMATIC DESIGN PHASE SPACE PLANNING REVIEW

GENERAL DISTRICT COURT JUVENILE AND DOMESTIC RELATIONS COURT January 29. 2021

ADA Public Parking

Gen District Records

EXISTING COURTHOUSE BASEMENT FLOOR PLAN

ADDITION FIRST FLOOR PLAN

GENERAL DISTRICT COURT

JUVENILE AND DOMESTIC RELATIONS COURT

Gen District Records ADA

GENERAL DISTRICT COURT

EXISTING COURTHOUSE BASEMENT FLOOR PLAN

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FIRST FLOOR PLAN

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FIRST FLOOR PLAN FIRST FLOOR PLAN

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FIRST FLOOR PLAN

ADDITION SECOND FLOOR PLAN EXISTING COURTHOUSE 1ST FLOOR PLAN

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EXISTING COURTHOUSE

45° FLOOR PLAN ADDITION SECOND FLOOR PLAN

BASEMENT FLOOR PLAN

GEOTECHNICAL EXPLORATION REPORT

RUSSELL COUNTY COURTHOUSE PROPOSED EXPANSION LEBANON, VIRGINIA

CLIENT: RUSSELL COUNTY, VIRGINIA REPORT DATE: JANUARY 28, 2021 FSE PROJECT NUMBER: 221104

= Foundation Systems = Engineering, P.C. =a

Geotechnical Engineering and Consulting

lS_Foundation Systems Engineering, P.C.

Geotechnical Engineering and Consulting

January 28, 2021

Mr. Curtis Elswick, Senior Vice President Skanska USA Building Inc.

clo

Mr. Lonzo Lester

County Administrator

Russell County, Virginia

137 Highland Drive

Lebanon, Virginia 24266

RE: GEOTECHNICAL EXPLORATION REPORT RUSSELL COUNTY COURTHOUSE PROPOSED EXPANSION MAIN STREET LEBANON, VIRGINIA FSE FILE NO.: 221104

Dear Mr. Lester:

Per your authorization of FSE Proposal 21.101, we have completed a geotechnical exploration of the above referenced site. The purpose of the exploration was to gather site and subsurface information from which to provide engineering recommendations conceming site preparation methods, foundation design, and other construction considerations. The following report presents our findings and recommendations. Our services have been provided using the firms of Foundation Systems Engineering, P.C. (FSE) and Construction Materials Laboratory (CML).

We have appreciated the opportunity to provide our geotechnical engineering and testing services. If you have any questions regarding the information within this report, please contact us at your convenience.

Sincerely, Foundation Systems Engineering, P.C.

Z2<— poo D

Nick Cross, P.E. George R. Cross, P.E.

Geotechnical Engineer Senior Geotechnical Engineer GEORGE R. CROSS Virginia No.: 34415 Lic. No. 34415 i, 0102612021 & ou, oe GRCINGCikec YON ALE.

PO Box 1394 = Johnson City, Tennessee, 37605 = www.fsepc.com * 423.239.9226

Geotechnical Exploration Report Russell County Courthouse Proposed Expansion

Main Street - Lebanon, Virginia

TABLE OF CONTENTS

EXECUTIVE SUMMARY … SCOPE OF SERVICES… PROJECT DESCRIPTION SITE DESCRIPTION… SUBSURFACE DESCRIPTION LABORATORY TESTING Natural Moisture Content… Atterberg Limits. Soil Gradation … Standard Proctor Laboratory Testing Summary RECOMMENDATIONS… Geotechnical Considerations Karst Terrain and Sinkhole Considerations Soil Fill… esse : . Building Pad Preparation - Earth Raft Method (Option 1) 19 Deep Foundation Recommendations - Micropiles (Option 2)… — sevens 20 Seismic Classification Foundation Excavation - Observation/Testing Slab on Grade… Shallow Foundations. Pavement Recommendations… Asphalt Pavement Concrete Pavement Below Grade Design Construction Considerations… GENERAL QUALIFICATIONS APPENDICES…

Boring Location Plan Boring Records

Area Topographic Map Area Geology Map Laboratory Data

Test Descriptions General Notes

Tracy Highlight

Geotechnical Exploration Report Russell County Courthouse Proposed Expansion

Main Street - Lebanon, Virginia

EXECUTIVE SUMMARY

‘The proposed project includes the construction of a new building addition for the Russell County Courthouse on Main Street in Lebanon, Virginia.

FSE

A summary of our findings and recommendations is listed below.

The subsurface conditions on the site were explored with the use of eleven (11) soil test borings and two (2) auger borings. At the test locations, the soil borings encountered fill, alluvial and residual soil, and weathered bedrock.

Fill (man-made) soil was encountered at two (2) of the soil test boring locations, B-4 and -5. The fill soil encountered was generally characterized as a tan, brown and red, silt and clay with some sand and limestone gravel. The fill soil was encountered with generally a soft to medium consistency and a very moist to wet water content at depths up to approximately 4 feet below the existing ground surface at these test locations. Additionally, gravel ground cover was encountered in the parking areas. This gravel extended up to approximately 2.5 feet below the existing ground surface at test location B-6.

Alluvial (native) soil was encountered at one (1) of the soil test boring locations, B-4. The alluvial soil encountered was characterized as brown, red and tan, silt and clay. The alluvial soil was encountered with a soft to medium consistency and a wet water content. At this location, the alluvial soil was interpreted as extending to the top of weathered bedrock at approximately 9.5 feet below existing ground surface.
Residual (native) soil was encountered at ten (10) of the soil test boring locations, all locations with the exception of B-4. The residual soil encountered generally was characterized as a tan, brown, red, high plasticity, silt and clay with some sand. The residual soil was encountered with medium to stiff consistency and a very moist to wet water content and extended in depth to the top of weathered bedrock
Auger refusal occurred at all the drilled locations at depths ranging from approximately 1 to 18 feet below the existing ground surface. The auger refusal occurred at elevations which varied

from approximately 2027.5 to 2059 feet above msl, based on provided site topographic mapping. At all test locations the refusal material was interpreted as weathered dolomite bedrock. The

bedrock material was not sampled.

At the time of driling, groundwater was not encountered at the boring locations. Changes in groundwater elevations will occur during wet weather periods

. , that with owner consideration given to the development risk factors, that the ‘he tisk factors of primary concem Include the

possibility of differential settlement resulting from non-uniform soil to bedrock depth conditions, shallow bedrock, the presence of soils with variable consistency, and construction over karst geology.

. We of wo methods othe foundational support fhe proposed tutu. The first option includes the structure being supported on shallow foundations over an improved reinforced

soil raft building pad. Tre QED includes a portion of the structure being supported ‘on shallow foundations bearing directly on native bedrock and a portion of the proposed

structure being supported on deep foundation micropiles, which transfer the foundation loads

to the underlying bedrock.

Tracy Highlight

Geotechnical Exploration Report Russell County Courthouse

Proposed Expansion ae LL Main Street - Lebanon, Virginia

OPTION 1: Due to the site subsurface conditions, the building pad area should be prepared by constructing a reinforced earth raft over a portion of the proposed footprint. This site

preparation method provides increased strength and unifon support of shallow foundations to limit total and differential building settlement.

. The site preparation method for the building area should include construction of a compacted, reinforced soil raft where bedrock is not

encountered above a specified elevation. The prepared area should include 10 feet outside of the building perimeter and to variable depths based on existing topography.

The earth raft will include two (2) layers of a type II biaxial geogrid (Tensar BX1200 or engineer approved equivalent). The first layer will be placed over the ground surface after clearing, grubbing and removal of old fill soil and prior to new fill soil placement. The placement elevation of this first layer of geogrid will vary from approximately elevation 2040 to 2034 feet. The second layer will be placed at approximately elevation 2040 feet or approximately 6 foot below planned subgrade elevation. Where native, bedrock is encountered above elevation 2040, placement of geogrid will not be required. All fll soil placement shall conform to the Recommendations section of this report.

Prior to placement of the first layer of geogrid and new fill material, the ground surface should be proofrolled to identify areas of soft soils and evaluated by the geotechnical engineer. All identified softfill soil should be over excavated to suitable soil conditions.

The construction of the described earth raft is anticipated to take place over the middle and eastem area of the proposed structure. Over the western area of the proposed structure shallow bedrock above elevation 2040 feet is expected.

Shallow foundations are recommended for the support of the structure with this site preparation method,

‘A figure illustrating this typical method is included in this report.

This method of foundation support of the structure consists of a combination of both shallow and deep foundations.

Where soil overburden depths prevent the foundational support of shallow foundations on bedrock (or stone fill over the bedrock), the foundations should be supported using micropiles as deep foundation support elements that transfer the load into the underlying bedrock. Building column and wall foundation loads are transferred to the piles with pile caps and grade beams. In order to provide micropile design information, additional geotechnical evaluation will be required.

Shallow Bedrock - Shallow rock was encountered at the soil test locations, above the planned FFE. Rock removal methods will be required during site grading, foundation construction, and utility installation where bedrock is encountered. The condition of the bedrock was not evaluated for this report

Where bedrock exists at the foundation bearing elevation, the rock should be over excavated to 1 foot below the bottom of the foundation elevation and backfilled with a suitable select compacted stone fill material. Consideration should be given to over excavating rock from the building areas for foundation and utility construction.

Sinkole activity is presentin the area, New sinkhole activity canbe induced by grading into existing features, poor drainage conditions, poor utility trench backfill methods, use of open

Tracy Highlight

Geotechnical Exploration Report Russell County Courthouse Proposed Expansion

Main Street - Lebanon, Virginia

ire

graded gravel in utility line bedding, loss of seal around subsurface storm drain lines, or from leaking pipes, etc.

of damage Practices to reduce risk can be implemented, but risk cannot e eliminate

© The A suitable, offsite fil soil should be approved by the project geotechnical engine! The site grading and foundation construction should be performed under the observation of a geniecical ere to assist with continued evaluation of soil conditions during the istructi

This summary should be used in conjunction with the entire report for design purposes. Details were not included or fully developed in this section, and the report must be read in its entirety for a comprehensive understanding of the items contained herein. The section titled General Qualifications should be read for an understanding of the report limitations.

Geotechnical Exploration Report Russell County Courthouse Proposed Expansion

FSE

Main Street - Lebanon, Virginia

SCOPE OF SERVICES

Item

Description

Information Reviewed

USGS Topographic Mapping, Lebanon, VA Quadrangle (1992)
Geologic Mapping of Southwest Virginia “Virginia Division of Mineral Resources, 1993”
2015 International Building Code
Historical Satellite Mapping of Abingdon (dated 1998 to 2019)
Proposed Site Plan with existing topographic mapping

by: Appalachia Design Services and dated: January 21, 2019

Site Recon Observations for:

Topographic features

Drainage patterns
Ground surface cover
Surface improvements
Exposed rock
Ground instability

Karst features

Eleven (11) soil test borings advanced to auger refusal or predetermined depths with a CME 75 drill rig
Standard Penetration Testing (SPT), 4 tests in upper 10 feet, 1 every 5 feet thereafter

Soil Test Borings ‘* Observation of soil for type, consistency, and moisture content © Backfilled each boring location with soil cuttings

Soil test borings were located in the field by FSE using the site drawing provided
Two (2) auger borings advanced to auger refusal with a CME 75 drill rig Auger * Backfilled each boring location with soil cuttings Borings * Soil test borings were located in the field by FSE using the site drawing provided
Thirty (30) Natural Moisture Contents Laboratory» Two (2) Atterberg Limits Determinations Testing * Two (2) Soil Particle Size Gradations
One (1) Standard Proctor Gounewater Groundwater measurements made at the time of drilling.

Geotechnical Exploration Report Russell County Courthouse Proposed Expansion

FSE

Main Street - Lebanon, Virginia

PROJECT DESCRIPTION

Item Description Main Street Project Lebanon, Virginia Location The project site exists on the sloped parking area to the east of the existing Russell County Courthouse building. General - Construction of a new building at the Russell County Courthouse property Structure (provided) - Two-story building with a basement on a concrete slab ‘on grade, below grade walls, and associated pavement areas. Structure (assumed) - Load bearing steel columns, load bearing walls, reinforced conerete slab on grade. Building Finish Floor Elevation - 2046.68 (Basement) Project 2062.68 (First Floor) Information 2076.68 (Second Floor)

Foundation Loads (Assumed) - Max Column Load = 150 kips (assumed) Max Wall Load = 3 kips/ft (assumed)

Soil and Rock Excavation - Yes, up to approx. 17 feet

Soil Fill Placement - Yes, up to approx. 12 feet

Soil Embankments - Possible

Below Grade and Retaining Walls - Yes

Pavement - Light and heavy duty asphalt and concrete

SITE DESCRIPTION

Item

Description

Current! Past Site Use

Ground Cover - Gravel, grassed yard, asphalt pavement, an existing building, and conorete sidewalks

Drainage Patterns - The site is situated on the side of a hill with a fall in elevation occurring in a west to east direction. There are areas to the west that are upgradient to the project site that will contribute to offsite surface runoff entering the site. The surface runoff from the project site will flow in a west to east direction. A drainage ditch borders the site on its north side that transports water from upgradient areas to the west. A blue line feature is mapped to the east of the project site.

Exposed Bedrock - None observed, shallow bedrock encountered at the test locations.

Geotechnical Exploration Report Russell County Courthouse

Proposed Expansion ae LL Main Street - Lebanon, Virginia

Karst Activity - None observed, the under lying geology is susceptible to karst activity. Numerous sinkholes are mapped in the areas surrounding the project site

Existing Use - The site is primarily used as parking space. Benches have been created using cut and fill grading methods to create level space. At the southeast corner of the site there is an existing structure, used as government office space.

Past Use - From the review of the project Phase 1 ESA, the project site has been used as the site of a courthouse for Russell County going back to approximately 1874. Prior to this site was undeveloped.

Topography

USGS Mapping - The general topography throughout the area consists of alternating valleys and ridges. USGS mapping shows ground contour lines at a 40-foot interval. The project site is mapped approximately between the 2000- and 2080 -foot contour lines. The 2040-foot contour lines traverses the project site in a north-south direction. Topographic relief occurs in a west to east direction over the property. In unnamed blue line feature is mapped to the east of the project site along the bottom of natural, drainage conveyance.

Site Topography provided - The provided site topographic mapping shows the project site to be mapped between the 2030- and 2063- foot ground contour lines. Topographic relief occurs in a west to east direction. Three benches with a roughly level ground surface have been built into the hill side. The top bench ground surface varies from approximately 2060- and 2063-foot ground contours. A retaining wall exists between the top bench and the middle bench that is up to approximately 10 feet in height. The middle bench ground surface varies from approximately 2050- to 2055-foot ground contours with a slight south to north fall. A slope exists between the middle bench and the bottom bench with a slope height of up to approximately 10 foot. The bottom bench is mapped from approximately 2045- to 2038-foot ground contours with a slight south to north fall. A slope exists between the bottom bench and Mill Street to the east of the site. This slope has a height of up to approximately 10 feet. The bottom of the slope at Mill Street is mapped at approximately the 2030-foot ground contour.

Site Observations - The project site has been modified by past activity. The roughly level benches have been built into the hill using cut and fill grading methods.

Karst Activity - Indication of karst activity was not observed at the project site.

Geology

The project site is located in the Valley and Ridge physiographic province of Southwest Virginia. A review of published geologic mapping indicates that the subject site is located over sedimentary bedrock of the Nolichucky and Honaker

formations.

The Nolichucky and Honaker formations are described as dolomitic shale and dolomite.

Geotechnical Exploration Report = Russell County Courthouse —_— Proposed Expansion = Main Street - Lebanon, Virginia

FSE

Localized concentration of bedding planes; fractures and other discontinuities often result in weathering and decomposition extending to greater depths into the subsurface profile. Ridges or lenses of weathering resistant rock form pinnacles and ledges of unweathered rock extending nearly to the ground surface. The localized greater depths of decomposition, solution cavities and rock pinnacles all combine to form what is a highly irregular rock surface profile.

Karst Considerations Sedimentary bedrock containing dolomite and limestone material is subject to

karst activity or the formation of closed ground depressions known as sinkholes.

A review of USGS topographic and site mapping provided do not map sinkhole formations on the project site. However, there are sinkhole formations in the near vicinity.

Structures supported on soil overlying soluble carbonate rock units are at risk of damage resulting from sinkhole activity. Practices to reduce risk can be implemented, but risk cannot be eliminated.

Geotechnical Exploration Report Russell County Courthouse Proposed Expansion

Main Street - Lebanon, Virginia

SUBSURFACE DESCRIPTION

FSE

The following is a brief summary of the soils encountered at the soil boring locations. Additional subsurface details may be seen on the attached Boring Records. Subsurface stratification indicated on the boring records is approximate and represents our interpretation of the soils encountered at the Standard Penetration testing intervals.

Strata Description

Topsoil & Gravel = 6 to 30 inches Ground Asphalt & Base Stone = 8 to 9 inches ‘over Comments - Variation in the ground cover will exists across the site

Origin - Manmade, deposited by past construction and site use activities Test Locations - B-4 and B-5

Description - Tan brown and red, silty clay with some sand and limestone gravel Consistency - Soft to medium

Moisture Conditions - Very Moist to wet

Depth - Up to approximately 4 feet in depth, below existing ground surface

Fill Soil

Origin - Native, water deposited by past water flow over the site Test Locations - B-4 . Description - Brown red and tan, silt and clay Alluvial Soil Consistency - Soft to medium Moisture Conditions - Wet

Depth - Up to approximately 9.5 feet, below existing ground surface (extending to the top of bedrock at this location)

Origin - Native, derived from the weathering of the underlying bedrock material Test Locations - All test locations, except B-4 Residual Description - Tan brown and red, high-plasticity, silt and clay with some sand Soil Consistency - Medium to stiff Moisture Conditions - Very Moist to Wet Depth - Extending to the top of bedrock

Auger Refusal - All test locations Bedrock/ Auger refusal occurred at depths ranging from 1 foot to 18.5 feet below the Refusal) _ existing ground surface. The refusal occurred at approximate elevations which Termination ranged from 2027.5 to 2059 feet above msl

The refusal material was interpreted as weathered dolomite bedrock Sampling

of the rock material was not performed

Ground- At the time of drilling, groundwater was not encountered at the boring locations. water Comments - Changes in groundwater elevations will occur with wet weather.

Geotechnical Exploration Report Russell County Courthouse Proposed Expansion

Main Street - Lebanon, Virginia

FSE

Boring Summary Table

‘Auger Refusal

Boring Gro eX ce Depth of Approx. Refusal Elevation Location — Erovinion’ (racy Boring (feet) Elevation* (ms!) Relative 7 SGE?

Bt" 2050 18.5 2031.5 14.5 B2* 2062 35 2058.5 125 B3 2051 3 2048 42

Bs 2038 10.5 2027.5 “18.5 BS 2052 12 2040 6

BS 2063 95 2053.5 475 B7 2046 75 2038.5 15 BS 2043 12.5 2030.5 “155 Bo" 2062 5 2057 +

B-10 2058 1 2057 +

Bett 2048 75 2040.5 55 B-12 2062 3 2059 +13 B-13 2052 75 2044.5 AS

Elevations interpreted from provided site mapping. Should be considered approximate.
SGE = subgrade elevation. Subgrade elevation assumed to be 2046 feet based on provided project information,

Boring not placed within proposed building footprint.

Geotechnical Exploration Report Russell County Courthouse Proposed Expansion

Main Street - Lebanon, Virginia

LABORATORY TESTING

FSE

NATURAL MoisTURE CONTENT

The Natural Moisture Content tests provide data that assist in evaluating the onsite soil moisture for engineering properties and the amount of moisture conditioning that may be anticipated in order to dry the onsite soils for use as structural fil

Natural Moisture Content Data Summary

Natural Natural Boring Depth , Boring ,

Location (Feet) ment) Location Depth (Feet) Penny BA 15-30 32.6 BG 15-30 46.5 Ba 3.5-5.0 43.7 BG 3.5-5.0 49.3 Ba 6.0-7.5 47.2 BG 6.0-7.5 7.0 Ba 8.5-10.0 42.7 B-7 1.5-3.0 425 B-t 13.5-15.0 46.1 B-7 3.5-5.0 a5 B-2 15-30 43.5 B-7 6.0-7.5 444 B-3 15-30 30.4 BB 1.5-3.0 27.0 B-4 15-30 315 BB 3.5-5.0 30.5 Bs 3.5-5.0 33.7 BB 6.0-7.5 448 Bs 6.0-7.5 36.0 BB 8.5-10.0 455 B-4 8.5-10.0 79 B-9 1.5-3.0 42.2 BS 1.6-3.0 29.9 B-9 3.5-5.0 32.0 BS 3.5-5.0 33.7 B-1 15-30 50.8 BS 6.0-7.5 44.7 B-1 3.5-5.0 26.3 BS 8.5-10.0 11.0 Bett 6.0-7.5 38

ATTERBERG LIMITS

The Atterberg Limits Determination provides the Liquid and Plastic limits for soil classification purposes and to assist in evaluating the soil for engineering properties.

The following table summarizes the Atterberg Limits Determination Testing

ATTERBERG LIMITS DATA SUMMARY

Sample Natural Liquid Plastic

Boring ", P *, Plasticity USCS Soil 4 Depth Moisture Limit |_—_Limit ‘Ficati Location (Feet) Content (%) _(%) (%) Index Classification B-4 6.0-7.5 36.0 62 27 35 CH Proctor NA 45.0 64 36 28 MH

Geotechnical Exploration Report Russell County Courthouse Proposed Expansion

Main Street - Lebanon, Virginia

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SOIL GRADATION

The soil gradation test is performed to determine the grain size distribution of a soil type. The soil is passed through a set of sieves and separated into three groups by size. Particles larger than a #4 sieve are classified as gravel, those smaller than a #4 but larger than a #200 sieve are sands and particles less than a #200 sieve are classified as fines. This information is used to assist in soil classification

The following table summarizes the results of the gradation test:

Soil Gradation Data Summary

Boring Sample Depth

Location (Feet) % Gravel % Sand % Fines B-4 6.0-7.5 08 14 87.8 Proctor NA o4 45 os

STANDARD PROCTOR

The Standard Proctor Determination provides the moisture-density relationship of the soil for use in evaluating the suitability and compaction characteristics of fill soils.

The results of the Standard Proctor Density testing are summarized on the following table.

Standard Proctor Data Summary

sample Sample Natural Optimum Maximum Dry Depth Moisture Moisture

Location (Feet) Content (%) Content (%) Density (pcf)

Proctor NA 45.0 33.6 85.6

LABORATORY TESTING SUMMARY

The soils present on the site are classified as high-plasticity silts and clays based on the USCS soil classification system. This soil type is given the soil symbol MH and CH. These soils have a generally medium to high potential for volume change due to changing moisture contents and

loading conditions.

Such soils have poor to fair compaction characteristics with compaction typically achieved using a vibratory sheepsfoot roller. Moisture conditioning (drying) will be required to achieve specified compaction density. The onsite soil will generally exist at a moisture content that is 5% to 20% above the optimum moisture as determined by laboratory testing.

The proctor sample included auger cuttings from borings locations B-6 and B-9 in upper 9 feet.

The excavated onsite soil is not recommended for use as a structural fil material. A suitable, offsite fill soil should be approved by the project geotechnical engineer.

Geotechnical Exploration Report Russell County Courthouse Proposed Expansion

Main Street - Lebanon, Virginia

RECOMMENDATIONS

FSE

GEOTECHNICAL CONSIDERATIONS

Itis our opinion, that with owner consideration given to the development risk factors, that the site could be developed for the intended use. The risk factors of primary concem include the possibility of differential settlement resulting from non-uniform soil to bedrock depth conditions, shallow bedrock, the presence of soils with variable consistency, and construction over karst geology.
We offer two methods for the foundational support of the proposed structure. The first option includes the structure being supported on shallow foundations over an improved reinforced soil raft building pad. The second option includes a portion of the structure being supported on shallow foundations bearing directly of native bedrock and a portion of the proposed structure being supported on deep foundation micropiles, which transfer the foundation loads to the underlying bedrock.
OPTION 1: Due to the site subsurface conditions, the building pad area should be prepared by constructing a reinforced earth raft over a portion of the proposed footprint. This site preparation method provides increased strength and uniformity for support of shallow foundations to limit total and differential building settlement. This option is considered less conversative than option 2

Earth Raft Support of Shallow Foundations: The site preparation method for the building area should include construction of a compacted, reinforced soil raft where bedrock is not encountered above a specified elevation. The prepared area should include 10 feet outside of the building perimeter and to variable depths based on existing topography.

The earth raft will include two (2) layers of a type Il biaxial geogrid (Tensar BX1200 or engineer approved equivalent). The first layer will be placed over the ground surface after clearing, grubbing and removal of old fill soil and prior to new fill soil placement. The placement elevation of this first layer of geogrid will vary from approximately elevation 2040 to 2034 feet. The second layer will be placed at approximately elevation 2040 feet or approximately 6 foot below planned subgrade elevation. Where native bedrock is encountered above elevation 2040, placement of geogrid will not be required. All fill soil placement shall conform to the Recommendations section of this report.

Prior to placement of the first layer of geogrid and new fill material, the ground surface should be proofrolled to identify areas of soft soils and evaluated by the geotechnical engineer. All identified soft/fill soil should be over excavated to suitable soil conditions.

The construction of the described earth raft is anticipated to take place over the middle and eastern area of the proposed structure. Over the western area of the proposed structure shallow bedrock above elevation 2040 feet is expected.

Shallow foundations are recommended for the support of the structure with this site preparation method.

‘A figure illustrating this typical method is included in this report.

OPTION 2: This method of foundation support of the structure consists of a combination of both shallow and deep foundations. Additional geotechnical evaluation will be required to provide rock parameters for design of the deep foundations.

Geotechnical Exploration Report Russell County Courthouse Proposed Expansion ae LL Main Street - Lebanon, Virginia

Deep Foundation-Micropile Support: Where soil overburden depths prevent the foundational support of shallow foundations on bedrock (or stone fill over the bedrock), the foundations should be supported using micropiles as deep foundation support elements that transfer the load into the underlying bedrock. Building column and wall foundation loads are transferred to the piles with pile caps and grade beams. In order to provide micropile design information, additional geotechnical evaluation will be required.
Shallow Bedrock - Shallow rock was encountered at the soil test locations, above the planned FFE. Rock removal methods will be required during site grading, foundation construction, and utility installation where bedrock is encountered. The condition of the bedrock was not evaluated for this report.

Where bedrock exists at the foundation bearing elevation, the rock should be over excavated to 1 foot below the bottom of foundation and backfilled with a suitable select compacted stone fill material. Consideration should be given to over excavating rock from the building areas for foundation and utility construction.

Sinkhole activity is present in the area. New sinkhole activity can be induced by grading into existing features, poor drainage conditions, poor utility trench backfill methods, use of open graded gravel in utility line bedding, loss of seal around subsurface storm drain lines, or from leaking pipes, etc.
Structures supported on soil overlying soluble carbonate rock units are at risk of damage resulting from sinkhole activity. Practices to reduce risk can be implemented, but risk cannot be eliminated.
The excavated onsite soil is not recommended for use as a structural fill material. A suitable, offsite fil soil should be approved by the project geotechnical engineer.

The site grading and foundation construction should be performed under the observation of a geotechnical engineer to assist with continued evaluation of soil conditions during the construction process.

Geotechnical Exploration Report = Russell County Courthouse —_— Proposed Expansion = Main Street - Lebanon, Virginia

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KARST TERRAIN AND SINKHOLE CONSIDERATIONS

This development site is located within the geologic setting of the Nolichucky and Honaker formations. The Honaker formation consist of dolomite bedrock, a carbonate rock type.

There is inherent risk associated with building on any site underlain by carbonate rock. By employing construction methods that take the potential for sinkhole activity into consideration, this risk can be reduced, but not eliminated.

On a site located within carbonate rock geology, sinkhole activity is most likely to occur in areas of excavation, as the removal of the surface soils exposes subsurface soil fissures to rainfall and runoff.

The cause of sinkhole activity is water passing through natural fissures in the soil structure. As water passes through these fissures it erodes the sides of the fissures causing soil loss and voids in the soil structure. As such, the contractor should continually review the site for positive drainage.

Areas where the surface soils are disturbed are of concern as the upper soil layers provide a natural seal over the subsurface cracking. When this protective layer is removed, the fissures in the soil structure are exposed to rainfall and surface water, thus increasing the potential for sinkhole activity.

We recommend that the following construction practices be adopted for sites underlain by carbonate rock:

Always maintain positive drainage throughout the site. Avoid creating localized low spots that allow water to pond.

= Backfill utility trenches with compacted crushed stone or soil. We do not recommend the use of open graded aggregate such as No. 57 stone as backfill material on sites with an elevated risk of sinkhole activity.

Upon reaching the subgrade elevation in excavated areas, we recommend that the upper twelve inches of soil be scarified and recompacted to remold the subgrade and provide a seal over the subsurface soils.
If sinkhole activity is observed during construction, the contractor should notify the engineer immediately so that the sinkhole can be evaluated and an appropriate method of repair can be determined.

Geotechnical Exploration Report Russell County Courthouse = Proposed Expansion = Main Street - Lebanon, Virginia

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Soit Fite

Engineer Fill Description and Recommended Uses

‘Acceptable Location for

7 13 fcati Fill Type’ USCS Classification Placement

Soil Various (PI<30) All Locations and elevations Well graded granular cw All Locations and elevations

Controlled, compacted fill should consist of approved materials that are free of organic matter, debris, particles greater than 4 inches. Frozen material should not be used and fill should not be placed on a frozen subgrade. Minimum Standard Proctor (ASTM D-698) dry unit weight 95 pcf. Each soil type should be submitted to the geotechnical engineer for evaluation
Similar to VDOT 21 AJB crushed limestone aggregate, limestone screenings, or such as well graded gravel or crushed stone. The use of open graded stone or soil fil is not recommended.

Item Description

8 inches or less in loose thickness when heavy, self-propelled compaction equipment is used

Fill Lift Thickness 4 to 6 inches in loose thickness when hand guided equipment

(i.e. jumping jack or plate compactor) is used

Compaction At least 98% of the materials Standard Proctor maximum dry density (Building Areas) __ (ASTM D698) Compaction

At least 98% of the materials Standard Proctor maximum dry density

(Drive/Parking Areas - upper 2ft) _ (ASTM D 698)

Compaction 9

(DriverParking At least 95% of the materials Standard Proctor maximum dry density

Areas - below 2 ft) _ (ASTM D 698)

Compaction Compaction all fil soil plus 5 feet beyond the perimeter in locations (General) supporting structures and drive areas Compaction

(Trench Lines) Per the above depending upon location/elevation

Within the range of 2% below to 2% above the optimum moisture content value as determined by the standard Proctor test at the time of placement and compaction

Moisture Content Cohesive Soil

Testing Frequency 1 test per 5000 square feet or less of fill area for each soil fill lift.

A qualified soil technician, under the direction of a geotechnical

Testing Personnel engineer, should perform the soil density testing.

For building pad soil subgrade preparation, the upper 1 foot should be scarified and recompacted to 98% of its Standard Proctor density. All prepared subgrades should pass proofroll testing.

Building Pad Subgrade

Prior to fill placement, the soil subgrade should be proofrolled under the observation of a geotechnical engineer for approval to begin fill placement.

Soil Subgrade Approval

Geotechnical Exploration Report Russell County Courthouse Proposed Expansion

Main Street - Lebanon, Virginia

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BuILDING PAD PREPARATION - EARTH RAFT METHOD (OPTION 1)

The site preparation method for the building area should include construction of a compacted, reinforced soil raft where bedrock is not encountered above a specified elevation. The prepared area should include 10 feet outside of the building perimeter and to variable depths based on existing topography.

The earth raft will include two (2) layers of a type II biaxial geogrid (Tensar BX1200 or engineer approved equivalent). The first layer will be placed over the ground surface after clearing, grubbing and removal of old fil soil and prior to new fill soil placement. The placement elevation of this first layer of geogrid will vary from approximately elevation 2040 to 2034 feet. The second layer will be placed at approximately elevation 2040 feet or approximately 6 foot below planned subgrade elevation. Where native, bedrock is encountered above elevation 2040, placement of geogrid will not be required. All fill soil placement shall conform to the Recommendations section of this report.

The construction of the described earth raft is anticipated to take place over the middle and easter area of the proposed structure. Over the westem area of the proposed structure shallow bedrock above elevation 2040 feet is expected.

A figure illustrating this typical method is included.

For the figure below: W = 10 feet D1 = Varies, estimated elevation 2040 to 2035 feet, approximately 6 to 12

feet below subgrade elevation D2 = Elevation 2040 feet, approximately 6 feet below subgrade elevation

The areas should be backfilled with soil and compacted to the finished subgrade per the specifications. Final site grading/landscaping should be performed to ensure that positive drainage is maintained away from these areas.

Actual soil subsurface conditions and extents of the earth raft should be determined in the field under the direction of the project geotechnical engineer. Modification of the general method provided may be required.

Geotechnical Exploration Report = Russell County Courthouse —_— Proposed Expansion = Main Street - Lebanon, Virginia

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BELOWGRADE J WALL w

A rN

EXISTING GROUND — |. ‘SURFACE (VARIES)

FOUNDATION —7 OVER EXCAVATION

BEDROCK

/ TYPE Il EXISTING ~/ _ stRUcTURAL BIAXIAL SOIL, FLL GEOGRID

Option 4: Typical Earth Raft Method (for general information)

DEEP FOUNDATION RECOMMENDATIONS - MICROPILES (OPTION 2)

Micropiles can consist of either a single element (such as a grouted casing) or they can be a composite micropiles (such as a bar installed and grouted inside of a casing). Micropiles provide support in a primarily axial direction, with the applied loads being distributed through a bond zone between the micropile and the load-supporting soil or bedrock. If lateral support is required, micropiles can be installed on a batter angle. Building column and wall loads should be transferred to the piles,

We recommend that a composite micropile system consisting of an internal bar and steel casing be used for this project. The micropiles shall be designed to meet the specific loading conditions, as shown on the plans and approved working drawings. Design the micropiles and pile top to footing connections using the Service Load Design (SLD) procedures contained in the FHWA “Micropile Design and Construction Guidelines Manual’, Report No. FHWA-SA-97-070.

These micropiles should be used to support the proposed structure where overburden depths are prohibitive to over excavating the foundations to bedrock. This will be the eastern area of the building footprint.

In order to provide micropile design information, additional geotechnical evaluation will be required

Geotechnical Exploration Report Russell County Courthouse = Proposed Expansion = Main Street - Lebanon, Virginia

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SEISMIC CLASSIFICATION

Code Used Site Classification 2015 International Code (IBC)! ed

Ingeneral accordance with the 2015 International Building Code, Section 1613.3.2.
The 2015 Intemational Building Code (IBC) requires a site soil profile determination extending a depth of 100 feet for seismic site classification. This seismic class definition considers that the subsurface soil and rock conditions encountered at the boring locations are representative for this entire depth.

FOUNDATION EXCAVATION - OBSERVATION/TESTING

Foundation construction should begin as soon as possible after foundation excavations are performed. A geotechnical engineer should observe all foundation excavations at the time of construction to confirm that the soil conditions are suitable for the recommended design parameters. Dynamic Cone Penetrometer (DCP) testing should be performed in foundation ‘excavations to verify that the specified bearing capacity exists in the foundation excavations.

Soil that is encountered with less than a stiff consistency as revealed by DCP testing should be evaluated by the geotechnical engineer. Undercutting to a depth determined in the field based on the local soil data obtained may be recommended. Undercut depths are related to the soil strength and foundation size. Typical depths range from ¥% to 1 times the foundation width.

In undercut locations, flowable fill concrete or select crushed stone backfill should be used as backfill. Select crushed stone should be placed in loose horizontal lifts not to exceed 6 inches in thickness. Compaction of the stone should be performed until at least 95% of its Standard Proctor Density is achieved

In foundation support option 1, where bedrock exists at the foundation bearing elevation, the rock should be over excavated to 1 foot below the bottom of foundation and backfilled with a

suitable select compacted stone fill material.

CONCRETE FOOTING:

esich L FOOTING ELEVATION

SELECT STRUCTURAL elt FILL RECOMMENDED I OR

unbercuT s\evaTiON 7] LEAN CONCRETE

TYPICAL UNDERCUT DETAIL

NOTE: Excavations in sketch shown vertical for convenience, Excavations should be sloped as necessary for safety.

Geotechnical Exploration Report Russell County Courthouse = Proposed Expansion = Main Street - Lebanon, Virginia

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SLAB ON GRADE

Item Description Floor slab support’ Compacted soil passing density/proofroll testing Modulus of subgrade reaction 125 psilin for point loading conditions.

Aggregate base course/capillary break* 4 inches of free draining material

Vapor Barrier Project Specific

All floor slab subgrade areas should be moisture conditioned and properly compacted to the recommendations in this report immediately prior to placement of the stone base and concrete.

The floor slab design should include a capillary break, comprised of free-draining, compacted, 2. granular material, at least 4 inches thick. Free-draining granular material should have less than 5 percent fines (material passing the #200 sieve).

SHALLOW FOUNDATIONS

Description Recommendation Feecommendation Net allowable bearing pressure’ 2500 pst 3000 psf

Minimum dimensions 24 inches 24 inches Minimum embedment below finished grade 94 inches 24 inches

for frost protection?

Approximate total / differential settlement ®* 1 inch/ 1 inch <1 inch / <1/2 inch

The net allowable bearing pressure is the pressure in excess of the minimum overburden pressure at the footing base elevation. Assumes that foundation subgrade testing and preparation is performed per the recommendations provided in this report. All foundations should bear on approved fill materials.
_ For perimeter footing and footings beneath unheated areas. Also to reduce the effects of seasonal moisture variations in the subgrade soils.
The foundation settlement will depend upon the variations within the subsurface soil profile, the structural loading conditions, the embedment depth of the footings, the thickness of compacted fill, the quality of the earthwork operations and the variability of the subsurface conditions… Significant variations in the subsurface conditions on this site are present.
Does not include effects to the subsurface due to karst activity.

Geotechnical Exploration Report = Russell County Courthouse —_— Proposed Expansion = Main Street - Lebanon, Virginia

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PAVEMENT RECOMMENDATIONS

Itis common for site grading to be completed for some time prior to placing aggregate base and asphalt paving material. During this period, it is possible to have softening of the upper surface subgrade material due to inclement weather as well as other construction related activities. We strongly recommend that just prior to placement of the aggregate base course the subgrade be proofrolled as outlined above. This will allow any softened and/or disturbed areas to be identified and properly reworked and recompacted

We recommend that the asphalt pavement section consist of the following minimum compacted thickness of aggregate base and asphalt. A California Bearing Ratio (CBR) value of 4% has been assumed for the soil types present on the site.

ASPHALT PAVEMENT

Pavement Course! Thickness, inches

Light Duty Heavy Duty Asphalt Surface Course - VDOT SM - 9.5A’ 1.25 1.5, Asphalt Base Course - VDOT BM-25.0" 2.0 35 ‘Aggregate Base - VDOT 21 A? 6.0 8.0

The materials and placement method for the aggregate base and asphaltic surface and base courses should meet the specifications of the Virginia Department of Transportation (VDOT) Road and Bridge Specifications.
The aggregate base should consist of a crushed limestone meeting the requirements of the VDOT specification for aggregate base course, Section 309, Type | aggregate, utilizing aggregate gradation for Section 208 (VDOT). The aggregate base should be compacted to a minimum of 100% of its maximum dry density, as determined by Standard Proctor Test, ASTM D-698. The asphalt courses should meet the specifications of requirements for VDOT, Section 315, for Asphalt Concrete Pavement

CONCRETE PAVEMENT

Rigid pavements are assumed to be planned for the loading dock and dumpster pad areas. The concrete should have a minimum compressive strength of 4500 psi at 28 days. A minimum conerete thickness of 6 inches is recommended. The concrete should, at a minimum, be reinforced with 6”x6” W2.1x8 GA. wire reinforcement. We recommend a minimum of 4 inches of compacted crushed stone underlie the concrete pavement. Materials and construction methods should conform to the (VDOT) Virginia Department of Transportation Road and Bridge Specifications.

Geotechnical Exploration Report eu) Russell County Courthouse "0 Proposed Expansion ae uw Main Street - Lebanon, Virginia BELow GRADE DESIGN Compacted . A Compacted In-Situ, Native Material Type 2 Crushed ‘te’ Saal? No. 57 Stone’ Aggregate? Site Soil Angle of Friction, degrees 36 36 20 Cohesion, pef 0 0 500 At Rest Pressure Coefficient, Ko 0.41 0.41 0.66 Active Pressure Coefficient, Ka 0.26 0.26 0.49 Passive Pressure Coefficient, Kp NA NA NA Unit Weight of Material, pof 110 140 125 Friction Factor (concrete over soil subgrade) NA 0.35 0.35 Friction Factor (concrete over rock NA 0.45 NA subgrade) Allowable Soil Bearing Capacity, psf 2000 (retaining wall over soil) (on approved subgrades) 3000 (basement wall over rock)

The values are based on level, drained backfill conditions. If the backfill is not drained (positive drainage is not provided) then hydrostatic pressures should be used. At least one foot of No. 57 gravel should be placed behind below grade walls with soil backfill to maintain drained conditions. Additional surcharge loading, such as vehicle or adjacent building foundation loads, should be considered in the wall design.
If No. 57 stone is used as backfill material behind below grade walls, the stone fill width should be at least 75% of the wall height. A perforated foundation drain should be placed and graded to drain away from the foundations. The stone fill should be placed in maximum 8-inch lifts to 2 feet below finished subgrade elevation and consolidated to 92% of relative density. The top 2 feet of material should consist of an approved fill soil or compacted crusher run stone. The ground surface should be sloped to provide positive surface drainage away from the backfill area. Open graded stone material should not be placed below the wall drain elevations.
For the planned below grade walls, the on-site fil soil containing organics, particle sizes greater than 4 inches or medium to high plasticity soil (PI greater than 30%) are not recommended for use as backfil within the reinforced zone. An open graded gravel should be used as drainage material directly behind the wall. The soil fill should be placed in lifts and compacted to 98% of its Standard Proctor density.

Geotechnical Exploration Report Russell County Courthouse Proposed Expansion

Main Street - Lebanon, Virginia

FSE

CONSTRUCTION CONSIDERATIONS

Site Subgrade Preparation - The area to be developed should be stripped of any organic soil

The soil subgrade should be proofrolled with a fully loaded dump truck (minimum load of 20 tons) in a slow crossing pattern across the site. A minimum of four passes should be used to evaluate the soil subgrade. Proofroll testing should be performed under the observation of a geotechnical engineer to evaluate the subgrade and provide recommendations for any unsuitable areas encountered.

Soft or wet soil conditions revealed by proofroll testing or other methods should be evaluated by the geotechnical engineer and stabilized accordingly. The best method of subgrade stabilization can be performed in the field at the time of the proofroll evaluation.

Moisture Sensitive Soil - Unstable subgrade conditions could develop during general construction operations, particularly if the soils are wetted and/or subjected to repetitive construction traffic. Should unstable subgrade conditions develop stabilization measures will need to be employed.

Upon completion of filling and grading, care should be taken to maintain the subgrade moisture content prior to construction of floor slabs and pavements. Construction traffic over the completed subgrade should be avoided to the extent practical. The site should also be graded to prevent ponding of surface water on the prepared subgrades or in excavations. If the subgrade should become frozen, desiccated, saturated, or disturbed, the affected material should be removed or these materials should be scarified, moisture conditioned, and recompacted prior to floor slab and pavement construction.

Excavations - Temporary excavations will be required during grading operations. The grading contractor, by his contract, is usually responsible for designing and constructing stable, temporary excavations and should shore, slope or bench the sides of the excavations as required, to maintain stability of both the excavation sides and bottom. All excavations should be sloped or braced to comply with applicable local, state and federal safety regulations, including the current OSHA Excavation and Trench Safety Standards.

The existing soil on the site should be classified as a Class C soil type.

Permanently excavated slopes in soil should not exceed a slope geometry of 2.5H:1V up to a maximum height of 20 feet. Additional evaluation should be performed for a slope of greater height. For permanently maintained grass or lawn areas, the excavated slopes should not exceed a geometry of 3H:1V.

Fill Slopes - All fill embankments less than 15 feet in height should be constructed with a slope geometry of no steeper than 2.5H:1V. All fill embankments greater than 15 feet in height should be evaluated for stability. For fill embankments that will be permanently maintained as grassed or lawn areas, the embankments should not exceed a slope geometry of 3H:1V.

Fill placed in sloping areas should use a series of horizontal benches or terraces to tie the existing soil and proposed new fill together. The benching operation should begin at the toe of the slope. Benches should be placed as required to ensure that no fill is placed on sloping surfaces. Benched areas should be stripped of organics and soft or wet soil conditions.

Geotechnical Exploration Report Russell County Courthouse Proposed Expansion ae LL Main Street - Lebanon, Virginia

Bedrock Excavations - Shallow bedrock was encountered at the soil test locations, above the planned FFE. Rock removal methods will be required during site grading, foundation construction, and utility installation where bedrock is encountered. The condition of the bedrock was not evaluated for this report.

Shallow Groundwater - The groundwater elevations will vary depending on wet weather conditions. Shallow groundwater conditions will be encountered. Pumping or other methods of dewatering excavation should be anticipated.

Site Drainage - Drainage should be controlled during construction and once the site is completed to prevent ponding of surface water. If necessary, pumps, ditches or other grading methods should be used to prevent ponding surface water. Roof water should be collected into piping and conducted away from the building areas to prevent moisture related soil movements.

Karst (sinkhole) Activity - Past experience has found that sites where grading/construction activities remove all or a portion of the stiff upper crust of soil overburden are at a higher risk of sinkhole activity (dropouts) than sites where no such excavation is made. Similarly, sinkholes may be induced by ponding water or from leaking pipes, etc.

Soil supported foundations overlying rock units that are susceptible to solutioning and sinkhole development are at risk of damage from sinkhole activity

During grading activities, the ground surface should be observed for indications of subsurface sinkhole activity. These indications could include areas of excessively soft or wet soil or sudden changes in coloration.

Care should be taken to avoid creating localized low areas where surface water could pond. Provide positive drainage at all times. If rain is anticipated, use a smooth drum roller to seal the ‘exposed ground surface to prevent water infiltration

Utility trenches should not be backfilled with open graded gravel to limit subsurface lateral water movement on the site. We recommend the use of compacted, select crushed gravel with fines, (VDOT 21A/B) and/or fined grained soil for backfill material.

Structures supported on soil overlying soluble carbonate rock units are at risk of damage resulting from sinkhole activity. Even though the risk can be minimized, it can rarely be eliminated.

Construction Observation - The site grading and foundation construction should be performed under the observation of a geotechnical engineer and/or their representative to assist with continued evaluation of soil and bedrock conditions during the construction process.

Geotechnical Exploration Report = Russell County Courthouse —_— Proposed Expansion = Main Street - Lebanon, Virginia

FSE

GENERAL QUALIFICATIONS

This report has been prepared for the exclusive use of SKANSKA and Russell County, Virginia for the construction of the planned expansion located on the Russell County Courthouse property in Lebanon, Virginia. This report has been prepared in accordance with generally accepted geotechnical engineering practice for specific application to this project. The conclusions contained in this report are based upon applicable standards of our practice in this geographic area at the time this report was prepared. No other warranty, expressed or implied, is made.

Foundation Systems Engineering, P.C., is not responsible for any claims, damages, or liability associated with any other party’s interpretation of this report’s subsurface data or reuse of this report’s subsurface data or engineering analysis without our express written authorization.

The analyses and professional opinions submitted herein are based, in part, upon the data obtained from the subsurface evaluation. The nature and extent of subsurface variations between the test locations will not become evident until construction.

We strongly recommend that the services of a geotechnical engineer be obtained for the construction phase of the project to provide engineering evaluation and testing services

APPENDICES

Boring Location Plan Boring Records

‘Area Topographic Map Area Geology Map Laboratory Data

Test Descriptions General Notes

‘www.fsepe.com

P.O. BOX 1394 JOHNSON CITY, TN 37605

423-239-9226

Foundation Sy

oundation S

Engineering, P.C.

stems

Geotechnical Engineering and Consulting

SOIL BORING LOCATION

PROJ#: 221104 ISCALE: NONE

DATE: 1/21/2021

DWG #: BLP

[DRAWN BY: NGC | NOTES:

TEST LOCATIONS ARE. APPROXIMATE

FOR:

PROPOSED EXPANSION LEBANON, VIRGINIA

BORING LOCATION PLAN RUSSELL COUNTY COURTHOUSE RUSSELL COUNTY, VIRGINIA

Project: Russell County Courthouse - Proposed Expansion Project Location: Main Street, Lebanon, Virgin

Client Russell County, Virginia

Sheet 1 of 1

Log of Boring B-1

Bae) 442.2021 Dring Coacor Canstrtion Materials Test rie umber 221104 Pao Hollow Stem Rotary Logged By Eric Mullins ooehag 18.5 ft Dal ip Grooms ‘Approximate aR CME 75 Checked By Nick Cross, PE Aooroxinate | 2050 ft Borehole ack Sol Cuttings| Samping Method Split Spoon/SPT Serene wa = \¥ é {8 g = |p fe | 8 2 € Ie e2 |e] *] #2] REMARKS AND. & lal 83 = d rio MATERIAL DESCRIPTION OTHER TESTS ° exe Asphalt J “Aggregate Base Stone N RESIDUAL, Medium/Stiff, Very Moist/Wet, J Tan Brown Red, Silty Clay J 4 6 32.6 4 NY 4 J J 2| 12 |4s7 20455 5 r 7 1 Ne} eo [ve J NI a] 6 |aa7 2040-4] 10: + 4 ] 5 5 46.1 ] 2035] 15: L 4 J ‘Ruger Refusal at 185 Feet 1 20304 20.

Project: Russell County Courthouse - Proposed Expansion

Project Location: Main Street, Lebanon, Virgin Client Russell County, Virginia

Sheet 1 of 1

Log of Boring B-2

Dattsy voaoy Construction Materials , Bel) 4.43.2021 biting Coneacter Construct SE Fle Number 221104 Dang Tail Depth Dslna Hollow Stem Rotary Looged By Erie Mullins Toa De 9.5 Dal ip Grooms Appraise aR CME 75 Checked By Nick Cross, PE Aooroxinate | 2062 ft ‘Groundwater Borehole ack Sol Cuttings| Samping Method Split Spoon/SPT Sena a = \¥ é {8 g = |p fe | 8 2 a (8 ee |s|*]«/s REMARKS ANO é [4 63 |s[alz}o MATERIAL DESCRIPTION OTHER TESTS ° ‘Asphalt 4 RESIDUAL, Stif, Very Moist, Tan Brown N Red, Silty Clay 4 | Weathered ‘ 10 43.5 Rock Observed 4 NY in Split Spoon Tip.

‘Weathered Bedrock

‘Auger Refusal at 3.5 Feet 4

2052-4 104 b

2042 20:

Project: Russell County Courthouse - Proposed Expansion Project Location: Main Street, Lebanon, Virgi

Client Russell County, Virginia

Log of Boring B-3 Sheet 1 of 1

Batets) 443.2021

“Construction Materials

Ding Contractor

FE Fle Number 221104

Dried Laboratory Dang Tail Depth Dslna Hollow Stem Rotary Looged By Erie Mullins Teel Dee 9 Dal ip Grooms Appraise aR CME 75 Checked By Nick Cro Aooroxinate | 2051 ft ‘ ‘Groundwater Borehole ack Sol Cuttings| Samping Method Split Spoon/SPT Sena a s| ea |# gidele fe 8 2 i) a] 2 8 2 elje| 22 |z}*| «8 REMARKS AND 6 [ao] 63 |e] a] alo MATERIAL DESCRIPTION OTHER TESTS ° ‘eq Gravel J RESIDUAL, Sif, Very Moist, Brown Red, | Silty Clay 4 N 1 | 10-50=6" | 30.4 N Weathered Bedrock

‘Auger Refusal at 3 Feet

2041-4 104 b 4 2036] 154 r 4 2031 20:

Project: Russell County Courthouse - Proposed Expansion Project Location: Main Street, Lebanon, Virgin

Client Russell County, Virginia

Sheet 1 of 1

Log of Boring B-4

Batets) 4-42-2021

Ding Contractor

Construction Materials | ese Fie Number 221104

Sed Laboratory Natta Hollow Stem Rotary Looged By Erie Mullins Trberenoig 10-5 ft Dal ip Grooms Poorest aR CME 75 Checked By Nick Cross, PE Aoeroerat 2038 ft Borehole Backs Soll Cuttings Samping Method Split Spoon/SPT Serene wa = \¥ é {8 g = |p fe | 8 2 a (8 ee |s|*]«/s REMARKS ANO é [4 63 |s[alz}o MATERIAL DESCRIPTION OTHER TESTS ° ‘Topsoil and Gravel 4 eet FILL, Soft/Medium, Wet, Red Brown, Clayey N S31 Silt with Trace Sand and Limestone Gravel 1 1 4 [315 we | 4 NY eset 4 J se 2 6 33.7 ALLUVIAL, Soft/Medium, Wet, Tan Brown 2033-] 5 |_Red, Silty Clay 4 1 Ne} 2 |e J NI 1 Ns 79 J o020-| 10-4 | Weathered Bedrock q J ‘Ruger Refusal at 10.5 Feet 1 20234] 15 F 4

2018 20:

Project: Russell County Courthouse - Proposed Expansion Log of Boring B-5

Project Location: Main Street, Lebanon, Virgini " 9 Sheet 1 of 1 Client Russell County, Virginia Bae) 442.2021 Dnting Convacter Construction Materials Tse rie number 221104 Natta Hollow Stem Rotary Looged By Erie Mullins Tiberenoie 12 ft aR CME 75 ‘Checked By Nick Cross, PE Aooroxinate | 2082 ft ‘Groundwater Borehole ack Sol Cuttings| Samping Method Split Spoon/SPT Sena a & |e = \¥ é {8 g = |p fe | 8 Fy € Ie e2 |e] *] #2] REMARKS AND. é [4 63 |s[alz}o MATERIAL DESCRIPTION OTHER TESTS ° ‘Topsoil and Gravel J SEL FILL, Medium, Very Mois, Brown Tan Red, | S81 Clay and Silt J oe J 1 8 |299 eet 4 NY RESIDUAL, MediunvSiff, Very Most to Wel | Tan Red, Silty Clay ] 2| 7 |sa7 20474 5: F 4 1 Ne} oe [wr J NI 4 NY 4 | 12.5026") 110 j 042] 10-4 Sr Weathored Bedrock q I 4 =a 4 oy ] ‘Auger Refusal at 12 Feet 20374] 15 F 4

2032 20:

Project: Russell County Courthouse - Proposed Expansion Project Location: Main Street, Lebanon, Virgin

Client Russell County, Virginia

Sheet 1 of 1

Log of Boring B-6

Batets) 4-42-2021

“Construction Materials

Ding Contractor FE Fle Number 221104

Dried Laboratory Dang Tail Depth Dslna Hollow Stem Rotary Looged By Erie Mullins Toa D2 9.5 Dal ip Grooms Appraise aR CME 75 Checked By Nick Cross, PE ‘Aooroxinate 2063 ft Borehole ack Sol Cuttings| Samping Method Split Spoon/SPT Serene wa = \¥ é {8 g = |p fe | 8 Fy a (8 ee |s|*]«/s REMARKS ANO é [4 63 |s[alz}o MATERIAL DESCRIPTION OTHER TESTS ° “Sq Gravel 4 oy 4 Ee J ba J J RESIDUAL, Slifto Medium, Very Motto] Wet, Tan Brown Red, Sily Clay J J 2| 13° |46s 20584 5S r 4 1 Ne} oe |e J 4 NY 4 |rrso-a”] 70 T= Weathered Bedrock 205344 104 | Auger Refusal at 9.5 Feet | 2048] 15 F 4

20434 20:

Project: Russell County Courthouse - Proposed Expansion Project Location: Main Street, Lebanon, Virgi

Client Russell County, Virginia

Log of Boring B-7 Sheet 1 of 1

Batets) 4-42-2021

Dang Gonvacor Construction Materials

FE Fle Number 221104

Dried Laboratory Dain Tail Depth Drill Hollow Stem Rotary Legged By Erie Mullins Tol Dept 7.5 Dal ip Grooms ‘Approximate aR CME 75 Checked By Nick Cro Aooroxinate | 2046 ft ‘ ‘Groundwater Borehole ack Sol Cuttings| Samping Method Split Spoon/SPT Sena a glael| é 5 g 2 i) a] 2 8 3 elje| 22 |z}*| «8 REMARKS AND 6 [oo] 63 |e] a] alo MATERIAL DESCRIPTION OTHER TESTS ° ‘Topsoil and Gravel J RESIDUAL, Medium, Wel, Tan Red, Sily Clay with some Sand J J 1} 7 jas 4 NY 4 J J 2| 6 Jats 20414 5: F 4 N 2 |2.50-0°] 44.1 J oN T= Weathered Bedrock 4 Auger Refusal at 7.5 Feet 4 2036] 10-4 a 4 20314] 154 F 4 20264 20.

Project: Russell County Courthouse - Proposed Expansion Project Location: Main Street, Lebanon, Virgin Client Russell County, Virginia

Log of Boring B-8 Sheet 1 of 1

Batets) 4-42-2021

Dang Gonvacor Construction Materials

FE Fle Number 221104

Sed Laboratory Natta Hollow Stem Rotary Looged By Erie Mullins Tibwenoig 12:5 ft Dal ip Grooms Poorest aR CME 75 Checked By Nick Cross, PE Aoeroemat 2048 ft ‘Groundwater Borehole Backs Soll Cuttings Samping Method Split Spoon/SPT Sena a = \¥ é {8 g = |p fe | 8 2 a (8 ee |s|*]«/s REMARKS ANO é [4 63 |s[alz}o MATERIAL DESCRIPTION OTHER TESTS ° ‘eq Gravel J RESIDUAL, MedumiSiff, Vary Moss, Brown R Tan Red, Silty Clay with some Sand | 4 9 27.0 ] 4 NY 4 J J 2| 7 |s0s 20384 5S r 4 1 Ne] [ae J NI 4] 6 |ass 2033] 10 a 4 J ‘ager Refusal at 12.5 Feet 1 2028-4] 15] F 4

20234 20:

Project: Russell County Courthouse - Proposed Expansion Project Location: Main Street, Lebanon, Virgin

Client Russell County, Virginia

Log of Boring B-9 Sheet 1 of 1

Batets) 443.2021

Dang Gonvacor Construction Materials

FE Fle Number 221104

Dried Laboratory Dang Tail Depth Dslna Hollow Stem Rotary Looged By Erie Mullins Teel De 5 Dal ip Grooms Poorest aR CME 75 Checked By Nick Cross, PE Aooroxinate | 2062 ft ‘Groundwater Borehole ack Sol Cuttings| Samping Method Split Spoon/SPT Sena a = \¥ é {8 g = |p fe | 8 Fy a (8 ee |s|*]«/s REMARKS ANO é [4 63 |s[alz}o MATERIAL DESCRIPTION OTHER TESTS ° PR Asphatt J ‘Aggregate Base Course N RESIDUAL, Stiff, Very Moist, Brown Tan J Red, Silly Clay J +] oat faze 4 NY 4 WN | 2 |14-50=3"|320 | IN 2057) ‘Auger Refusal at 5 Feet 2052] 10-] a 4 20874] 154 F 4 20424 20.

Project: Russell County Courthouse - Proposed Expansion Project Location: Main Street, Lebanon, Virgi

Client Russell County, Virginia

Log of Boring B-10 Sheet 1 of 1

Batets) 443.2021

Dang Gonvacor Construction Materials

FE Fle Number 221104

Dried Laboratory Dang Tail Depth Drill Hollow Stem Rotary Legged By Erie Mullins Teel De Dal ip Grooms ‘Approximate aR CME 75 Checked By Nick Cro Aooroxinate 2058 ft ‘ ‘Groundwater Borehole ack Sol Cuttings| Samping Method Split Spoon/SPT Sena a gles] 2 5 g Ebje| eg. [6 ri elje| 22 |z}*| «8 REMARKS AND 6 [oo] 63 |e] a] alo MATERIAL DESCRIPTION OTHER TESTS 0

104

‘Topsoil and Gravel

AI RESIDUAL, Brown Red, Silty Clay A

‘Auger Refusal at 1 Foot,

2038 20:

Project: Russell County Courthouse - Proposed Expansion Project Location: Main Street, Lebanon, Virgin

Client Russell County, Virginia

Log of Boring B-11 Sheet 1 of 1

Batets) 4-42-2021

Ding Contractor

“Construction Materials

FE Fle Number 221104

Dried Laboratory Natta Hollow Stem Rotary Looged By Erie Mullins Tibwehoie 75 ft aR CME 75 Checked By Nick Cross, PE Aooroxinate | 2048 ft ‘Groundwater Borehole ack Sol Cuttings| Samping Method Split Spoon/SPT Sena a = \¥ é {8 g = |p fe | 8 2 € Ie e2 |e] *] #2] REMARKS AND. é [4 63 |s[alz}o MATERIAL DESCRIPTION OTHER TESTS ° ‘Topsoil and Gravel J “RESIDUAL, Medium, Wet, Tan Red, Silty | Clay with some Sand 4 N 4 6 50.8 4 NY J N 2 9 26.3 RESIDUAL, Loose to Very Dense, Very | {Moist to Moist, Brown Gray, Gravel and 2043: 5 ‘Sand ] (Completely to Highly Weathered Bedrock) 1 Ne} & Joe J ‘ager Refusal at 7.5 Feet 2038] 10-4 a 20334] 15 F

2028-1 20:

Project: Russell County Courthouse - Proposed Expansion Project Location: Main Street, Lebanon, Virgi

Client Russell County, Virginia

Log of Boring B-12 Sheet 1 of 1

Batets) 443.2021

Dang Gonvacor Construction Materials

FE Fle Number 221104

Dried Laboratory Dang Tail Depth Drill Hollow Stem Rotary Legged By Erie Mullins Total Depth 5 Dal ip Grooms ‘Approximate aR CME 75 Checked By Nick Cro Aooroxinate | 2062 ft ‘ ‘Groundwater Borehole ack Sol Cuttings| Samping Method Split Spoon/SPT Sena a gles] 2 5 g Ebje| eg. [6 ri elje| 22 |z}*| «8 REMARKS AND 6 [ao] 63 |e] a] alo MATERIAL DESCRIPTION OTHER TESTS ° ‘eq Gravel 4 Soll Overburden 1 (Auger Boring)

104

‘Auger Refusal at 3 Feet

2042 20:

Project: Russell County Courthouse - Proposed Expansion Project Location: Main Street, Lebanon, Virgi

Client Russell County, Virginia

Log of Boring B-13 Sheet 1 of 1

Batets) 443.2021

Dang Gonvacor Construction Materials

FE Fle Number 221104

Dried Laboratory Dang Tail Depth Drill Hollow Stem Rotary Legged By Erie Mullins Tol Dept 7.5 Dal ip Grooms ‘Approximate aR CME 75 Checked By Nick Cro Aooroxinate | 2082 ft ‘ ‘Groundwater Borehole ack Sol Cuttings| Samping Method Split Spoon/SPT Sena a gles] 2 5 g Ebje| eg. [6 ri elje| 22 |z}*| «8 REMARKS AND 6 [ao] 63 |e] a] alo MATERIAL DESCRIPTION OTHER TESTS ° ‘eq Gravel 4 Soll Overburden 1 (Auger Boring)

104

‘Auger Refusal at 7.5 Feet

2032 20:

Project: Russell County Courthouse - Proposed Expansion

Project Location: Main Street, Lebanon, Virginia

Key to Log of Boring

Sheet 1 of 1

Client Russell County, Virginia

& - la e] & & 2

s | 2 tye] fe | 8 3

s |eft2| ee [sla] «|é REMARKS AND a 3 a} s| 88 2|id}|al6 MATERIAL DESCRIPTION OTHER TESTS mw 2 ee 1) HW i) i) COLUMN DESCRIPTIONS

Elevation (feet: Elevation (MSL, feet). Depth (feet): Depth in feet below the ground surface.

‘Sample Type: Type of soil sample collected at the depth interval

shown, ‘Sample Number: Sample identification number.

‘Sampling Resistance, blowsit: Number of blows to advance driven

‘sampler one foot (or distance shown) beyond seating interval Using the hammer identified on the boring log,

[BJ Water Content, %: Water content ofthe soll sample, expressed as

Percentage of dry weight of sample.

FIELD AND LABORATORY TEST ABBREVIATIONS

NMC: Natural Moisture Content, percent LL: Liquid Limit, percent

MATERIAL GRAPHIC SYMBOLS

Bremen emcee none B cats

a ae

H ocman Bem omees

omen ff creme noma cn A) Faciay. CLAY wsAnD, SANDY CLAY (CH) IE Say GRAVEL (Gt, arcana 1B Samatncanomm onc B msvasraceumsrserss fl wow noma

By Seems Fe Eicon sm anor

2 sem c.avPEAT (CLOW)

LL, %: Liguid Limit expressed asa water content.

[8] PI, %: Plasticity Index, expressed as a water content.

[a] Graphic Log: Graph depiction ofthe subsurface material encountered

{1 MATERIAL DESCRIPTION: Description of material encountered May include consistency, moistie, color, and other descriptive toxt

{E REMARKS AND OTHER TESTS: Comments and observations regarding dling or sampling made by dle or field personne.

PI: Plasticity Index, percent SA: Sieve analysis (percent passing No, 200 Sieve) UC: Unconfined compressive strength test, Qu, in kst

Blom 8 coy smoiser

B oon Wf com su0 wamtycLav co ot ond oRAVEL CH E, com smo say cur acer

Sj vatqnswonnec sin sacowcan Fou

Tlomeee Bon

FR atest BH sm smo

I] str. s1r sso, oy sur eas [[] sur Sermo, earov str 0a) TI] sr sera sino, sor ser ae

HH sy sno sia str uary fi] ssw sary su 58) Hi smwciney 00 350)

5 ron in Sa Cy) FR Poor anssano we smi

rb sosen anc soit oes ane smaoue & 2inch-00 unlined spiit 7 Water evel (ater waa) Bulk Sample Grab Sample NZiner Minor change in materia properties win a & NN spoon (SPT) ¥ stratum

GENERAL NOTES

2 Querie contact between stata

Sol lassifeatons are based on the Unifled Sol Ciassfication System, Descriptions and stratum lines are interpretive, and actual ithologle changes may be gradual. Feld descriptions may have been moses to reflect results of ab tests

2: Descriptions on thes logs apply only at the speci boring lations and at the time the borings were advanced. They are not warranted tobe representative ‘of subsurface conditions at other locations or times.

USS _ foundation Systems =a) Engineering, P.C.

Geotechnical Engineering and Consulting P.O. BOX 1394

AREA TOPOGRAPHIC MAP. RUSSELL COUNTY COURTHOUSE

PROPOSED EXPANSION LEBANON, VIRGINIA

FOR:

RUSSELL COUNTY, VIRGINIA

JOHNSON CITY, TN 37605

www.fsepe.com

423-239-9226

DRAWN BY: NGC NOTES:

PROJ#: 221104

SCALE: NONE — | DATE: 1/21/2021

DWG #: TOPO

ADAPTED FROM USGS MAPPING

“€nhk: NOLICHUCKY AND HONAKER FORMATIONS

1] Dolomitic shale; dolomite and minor chert

&® Foundation Systems Engineering, P.C.

Geotechnical Engineering and Consulting

AREA GEOLOGY MAP RUSSELL COUNTY COURTHOUSE

PROPOSED EXPANSION LEBANON, VIRGINIA

RUSSELL COUNTY, VIRGINIA

FOR: P.0. BOX 1394 soa.zse.0008 DRAWN BY: NGC [NOTES: JOHNSON CITY, TN 37605 PROJ#: 221104 ADAPTED FROM VA GEOLOGY MAP. www.fsepe.com SCALE: NONE _|DATE: 1/21/2021 _ |DWG#: GEO

Llewellyn & Associates, Inc. dba Since 1943

onstruction |Vlaterials Laboratory

‘Material Testing / Subaurtace Exploration

Client Foundation Systems Engineering CML File #: 721009 Sample ID Proctor Sample Project: Russell County Courthouse From: Lebanon, Virginia Project Sample Dates: __|January 13, 2021 Location: __|Lebanon, VA Report Date: January 20, 2021 ASTM Specs __|D-4318 & D-422 (Moisture Content (2%): 45.0 Total Sample Weight (grams): _ [500 GRADATION Cumlative | Percent Sieve Size Percent P Passing Retained (%) | Retained (%) % 3 0.0 0.0 100.0 34" 0.0 0.0 100.0 No.4 on 04 99.9 No. 10 09 1.0 99.0 No. 40 24 34 96.9 No. 200 15 46 95.4 Pan 95.4 100.0 0.0 ATTERBERG 'S Liquid Limit 64 Plastic Limit 36 Plasticity Index 28 USCS Classification MH Notes: 1. Testing Performed by Mr. Jeff Dorton and Mr. Garry Higgins of CML.

Classification based off both soil gradation and atterberg limit analysis

Reviewed By: Allen Browning, MS, PE

P.O. Box 5186 - Johnson City, TN 37602 - Phone: (423) 926-0762, Fax : (423) 926-0558

onstruction

Llewellyn & Associates, Inc. dba

Since 1943

aterials Laboratory

‘Material Testing / Subaurtace Exploration

Client [Foundation Systems Engineering CML File #: 721009 Sample ID B-4 (6.0 - 7.5) Project: [Russell County Courthouse From: Lebanon, Virginia Project Sample Dates: _|January 13, 2021 Location: __|Lebanon, VA Report Date: January 20, 2021 ASTM Specs —|D-4316 & D-422 (Moisture Content (%): 36.0 Total Sample Weight (grams): _ [500 GRADATION Cumlative Percent Sieve Size Percent P Passing Retained (%) | Retained (%) % 3 0.0 100.0 3/4" 0.0 100.0 No. 4 0.8 99.2 No. 10 0.4 98.8 No. 40 34 43 95.7 No. 200 79 122 87.8 Pan 87.8 100.0 0.0 ATTERBERG 'S Liquid Limit 62 Plastic Limit 27 Plasticity Index 35 USCS Classification CH

Notes:

Testing Performed by Mr. Jeff Dorton and Mr. Garry Higgins of CML.
Classification based off both soil gradation and atterberg limit analysis

Reviewed By: Allen Browning, MS, PE

P.O. Box 5186 - Johnson City, TN 37602 - Phone: (423) 926-0762, Fax : (423) 926-0558

Llewellyn & Associates, Inc. dba Since 1943

onstruction |Viaterials Laboratéry

‘Materials Tasing / Subourfase Exporation

CML PROJECT NO: 721009 PROJECT NAME: RUSSELL COUNTY COURTHOUSE PROJECT LOCATION: LEBANON, VIRGINIA.

DATE: 1/19/21 Page 1of1 SOIL DATA SUMMARY Boring Moisture Liquid Plastic | Plasticity Number hy Limit Limit Index | Classification

B-1 32.6 B-1 43.7 B-1 47.2 B-1 8.5-10.0 42.7 B-1 13.5-15.0 46.1 B-2 43.5 B3 30.4 B4 31.5 B4 33.7 B-4 36.0 B4 79

BS 29.9 BS 33.7 55 447 BS 11.0 B6 46.5 B-6 49.3 B4 7.0

B7 42.5 B-7 41.5 B-7 44.4 Bs 27.0 BB 30.5 BS 44.8 Bs 45.5 B-9 42.2 B-9 32.0 B-11 50.8 B14 26.3 B-11 3.8

PO Box 5186 - Johnson City, Tennessee, 37602 « www. http://constructionmaterialslaboratory.com 423-926-0762(p}/423-926-0558(f)

Llewellyn & Associates, Inc. dba

onstruction

Since 1043

aterials Laboratéry

‘Matar Tesing / Subauface Bsoraion

Analysis of Moisture/Density Relationship of Soil

Test Method: — ASTM-D-698-A CML File # 721009 Client Foundation Systems Engineering Project: Russell County Courthouse Sample # 1 From: On-Site Date: January 20, 2021 Description: Dark Red Silty CLAY |Trial No. 1 2 3 4 5 6 |Water Content, % 30.2 31.5 33.3 177 |Wet Density, pcf 105.6 109.2 114.0 123.3 Dry Density, pef 814 83.0 855 102.2

Natural Moisture Content, % 45.0

Maximum Density, Dry Soil, pof 85.6

{Optimum Moisture Content, % 33.6

PROCTOR CURVE 86.0

z z 3 a0 3

82.0

Density of Dry

80.0 28.0

30.0

32.0 34.0 Moisture Content, Percent

36.0 38.0

P.O. Box 5186 - Johnson City, TN 37602 - Ph: (423) 926 - 0762, Fax: (423) 926 - 0558

TEST DESCRIPTIONS

ATTERBERG LIMITS ASTM D4318-10

The objective of the Atterberg limits test is to obtain basic index information about the soil used to estimate strength and settlement characteristics. It is the primary form of classification for cohesive soils.

Fine-grained soil is tested to determine the liquid and plastic limits, which are moisture contents that define boundaries between material consistency states. These standardized tests produce comparable numbers used for soil identification, classification and correlations to strength.

The liquid (LL) and plastic (PL) limits define the water content boundaries between non- plastic, plastic and viscous fluid states. The plasticity index (Pl) defines the complete range of plastic state. Figure 1 illustrates it nicely.

Figure 1: Atterberg limits illustration.

— pi non-plastic plastic viscous fluid

PL LL Water covtent (w%)

Liquid Limit (LL)

The liquid limit defines the boundary between plastic and viscous fluid states. It is determined using a standard “Liquid Limit Device,” which drops a shallow cupfull of soil 1 cm consistently. When a groove cut through the sample closes 1/2", the number of drops is recorded and a moisture content sample processed.

Repeating the procedure for a total of four drop-count ranges provides enough data to plot on a semi-log scale. From the plot, the moisture content at 25 drops defines the Liquid Limit.

Plastic Limit (PL)

The plastic limit defines the boundary between non-plastic and plastic states. It is determined simply by rolling a thread of soil and adjusting the moisture content until it breaks at 1/8 inch diameter.

FSE

TEST DESCRIPTIONS

STANDARD PENETRATION TEST (SPT) ASTM D1586-11

This test uses a thick-walled sample tube, with an outside diameter of 2 inches, an inside diameter of 1 3/8 inches, and a length of around 32 inches. This tube is driven into the ground at the bottom of a borehole by blows from a slide hammer with a weight of 140 Ib falling through a distance of 30 in. The sample tube is driven into the ground and then the number of blows needed for the tube to penetrate each 6 inch increment up to a depth of 18 inches is recorded. The sum of the number of blows required for the second and third 6 inches of penetration is termed the "standard penetration resistance” or the “N-value”,

In cases where 50 blows are insufficient to advance it through a 6 inch interval the penetration after 50 blows is recorded. The blow count provides an indication of the soil consistency and can be correlated to the bearing capacity of the soil

UNIFIED SOIL CLASSIFICATION System (USCS) ASTM D2487

The Unified Soil Classification System (USCS) is a nationally recognized standard for classifying soils in accordance with their engineering properties. The parameters considered in this system are:

Particle Size
Water Holding and Plasticity
Organic Content

The system identifies three major soil divisions; coarse-grained soils, fine-grained soils, and highly organic soils. These three divisions are further subdivided into a total of 15 basic soil groups. Based on the results of visual observations and prescribed laboratory tests, the soil is cataloged into basic soil groups, which include variations of gravel, sands, silty, clays and highly organic soils.

FSE

GENERAL NOTES

FSE

WATER LEVEL MEASUREMENT:

Water levels indicated on the boring logs are the levels measured in the borings at the times indicated. Groundwater levels at other times and other locations across the site could vary. In pervious soils, the indicated levels may reflect the location of groundwater. In low permeability soil, the accurate determination of groundwater levels may not be suitable with only short-term observations.

DESCRIPTIVE SOIL CLASSIFICATION:

Soil classification is based on the Unified Soil Classification System. Coarse Grained Soils have more than 50% of their dry weight retained on a #200 sieve; their principal descriptors are: boulders, cobbles, gravel or sand. Fine Grained Soils have less than 50% of their dry weight retained on a #200 sieve; they are principally described as clays if they are plastic and silts if they are slightly plastic or non-plastic. Major constituents may be added as modifiers and minor constituents may be added according to the relative proportions based on grain size. In addition to gradation, coarse-grained soils are defined on the basis of their in-place relative density and fine grained soils on the basis of their consistency.

CONSISTENCY OF FINE.GRAINED SOILS RELATIVE DENSITY OF COARSE-GRAINED SOILS Seudard Penacation Standard Penetration Compressive or N-value (55) Consistency ‘or N-value(SS) Relative Density Strength. Qu, psf Blows/Ft. Blows/Ft. <500 0-1 Very Sot 0-3 Very Loose 500-1,000 24 ‘Saft 4-9 Loose 4,000 -2,000 4-8 Medumstit 10-29 Medium Dense 2.000 -4,000 8-15 ‘st -50 Dense ‘4,000 -8,000 16-20 Very Sift 350 Very Dense 8000+ a Hard RELATIVE PROPORTIONS OF SAND AND GRAVEL GRAIN_SZE TERMINOLOGY Descriptive Termis) Percent of Major Component ticle Si ofother constituents, Dry Weight ‘of Sample Particle Size Trace <15 Boulders ‘Over 12 in, @00mm) wih 6-2 Cobbles 42in to 3in (00MM to 7S Modifier 20 Gavel in. to #4 sieve (75mm to 4:75am) Sand #4 t0 #200 sieve (4.75 to 0.076mm) Sit or Clay Passing #200 Sieve (0.075) RELATIVE PROPORTION SOF FINES PLASTICITY DE SCRIPTION Descriptive Terms! Percentof ‘of other constituents tem Trace Non-plastic with Low Modiier Medum

Board of Supervisors Action Item D-1 – D-9 137 Highland Drive Presenter: Administrator Lebanon, VA 24266

                      Meeting: 2/8/21             6:00 PM

County Administrator Reports & Requests The County Administrator Reports & Request for February 2021:

REPORTS

Virginia Telecommunication Initiative (VATI) Grant……………………………….D-1
VRA Energy Conservation Revenue Bond (VirginiaSAVES Program)…………D-2
VDOT Rte. 678 (Moll Creek) ICAM Permit Application…………………………….D-3
State and Local Economic Interests and Financial Disclosure Statements….D-4
Fiscal Year 21/22 Budget Meeting Schedule………….………………….…………D-5

REQUESTS

Belfast Waterline Extension Project, Phase III Notice…………………………….D-6
Dante Regional Sewer Line Extension Project Application………………………D-7
RC Sheriff Department Fleet Enterprise Proposal…………………………………D-8
VDOT Secondary Highway Six-Year Plan & Construction List.…………………D-9

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 D-1 - D-9

137 Highland Drive Presenter: Administrator Lebanon, VA 24266

Meeting: 2/8/21 6:00 PM

County Administrator Reports & Requests The County Administrator Reports & Request for February 2021

REPORTS

Virginia Telecommunication Initiative (VATI) Grant.
VRA Energy Conservation Revenue Bond (VirginiaSAVES Program).
VDOT Rte. 678 (Moll Creek) ICAM Permit Application.
State and Local Economic Interests and Financial Disclosure Statements…D-4
Fiscal Year 21/22 Budget Meeting Schedul REQUESTS
Belfast Waterline Extension Project, Phase Ill Notice
Dante Regional Sewer Line Extension Project Application.
RC Sheriff Department Fleet Enterprise Proposal.
VDOT Secondary Highway Six-Year Plan & Construction Lis

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

January 27, 2021

James A. Baldwin

Executive Director

Cumberland Plateau PDC

P.O. Box 548

224 Clydesway Drive

Lebanon, VA 24266

RE: 2021 Virginia Telecommunication Initiative

       Grant Offer

Dear Mr. Baldwin:

On behalf of Governor Northam, it gives me great pleasure to inform you the

Cumberland Plateau Planning District Commission has been offered a -Virginia

Telecommunication Initiative Grant (VATI) in the amount of $16,285,217 in support of the

region’s partnership with Point Broadband. This funding is offered from the 2021 VATI

competitive round.

Tammy Breski, Telecommunication and Broadband Project Manager in the Department

of Housing and Community Development’s Office of Broadband, will contact you to schedule a

contract negotiation meeting and discuss next steps. We are pleased to be of assistance to the

Cumberland Plateau Planning District Commission in expanding broadband service to unserved

areas of the region.

  Sincerely, 







  Erik C. Johnston 

  Director

c: Robert C. Horn, Buchanan County

Larry Barton, Dickenson County

Lonzo Lester, Russell County

C. Eric Young, Tazewell County

  Tamarah Holmes, Ph.D., DHCD

Tammy Breski, DHCD

Ralph S. Northam Governor

R. Brian Ball

COMMONWEALTH of VIRGINIA aad

Commerce and Trade DEPARTMENT OF Housine AND Community DEVELOPMENT

January 27, 2021

James A. Baldwin Executive Director Cumberland Plateau PDC P.O. Box 548 224 Clydesway Drive Lebanon, VA 24266 RE: 2021 Virginia Telecommunication Initiative Grant Offer

Dear Mr. Baldwi

On behalf of Governor Northam, it gives me great pleasure to inform you the Cumberland Plateau Planning District Commission has been offered a -Virginia Telecommunication Initiative Grant (VATI) in the amount of $16,285,217 in support of the region’s partnership with Point Broadband, This funding is offered from the 2021 VATI competitive round.

Tammy Breski, Telecommunication and Broadband Project Manager in the Department of Housing and Community Development’s Office of Broadband, will contact you to schedule a contract negotiation meeting and discuss next steps. We are pleased to be of assistance to the Cumberland Plateau Planning District Commission in expanding broadband service to unserved areas of the region.

Sincerely, GA © Date Erik C. Johnston Director

c: Robert C. Hom, Buchanan County Larry Barton, Dickenson County Lonzo Lester, Russell County C. Erie Young, Tazewell County Tamarah Holmes, Ph.D., DHCD Tammy Breski, DHCD

fonco

Virginia Governor Ralph Northam - January

https://www.governor.virginia.gov/newsroom/all-releases/2021/january/headline-891658-en.html[1/26/2021 3:46:59 PM]

A Commonwealth of Virginia Website Virginia.gov Find an Agency

VIRGINIA GOVERNOR

Ralph S. Northam

ABOUT THE GOVERNOR THE ADMINISTRATION CONSTITUENT SERVICES

NEWSROOM EXECUTIVE ACTIONS

Home / Newsroom / News Releases / 2021 / Governor Northam Announces More Than $29.6 Million to Expand Broadband Access

CORONAVIRUS (COVID-19) RESPONSE • Have you downloaded COVIDWISE, Virginia’s COVID-19 exposure notification app? Add your phone to the fight here. For up-to-date information, assistance, and resources from across state government, click here.

For Immediate Release: January 26, 2021 Contacts: Office of the Governor: Alena Yarmosky, [email protected] | Virginia Department of Housing and Community Development: Amanda Love, [email protected]

Governor Northam Announces More Than $29.6 Million to Expand Broadband Access

Five projects across 11 localities awarded Virginia Telecommunications Initiative grants to help connect over 11,700 homes, businesses, and

community institutions

RICHMOND—Governor Ralph Northam today announced that Virginians living and working in 11 localities will gain access high-speed internet thanks to more than $29.6 million in grants awarded through the Virginia Telecommunication Initiative (VATI). The funding will support five projects, connecting more than 11,700 households, businesses, and anchor institutions to broadband service, and leveraging over $34 million in private and local investments.

Administered by the Department of Housing and Community Development (DHCD), VATI provides targeted financial assistance to extend broadband service to areas that are currently unserved by a provider. In his 2020 budget, Governor Northam made an historic investment of nearly $50 million in VATI funding. His proposed budget invests an additional $15 million in fiscal year 2022 to maintain this significant level of funding.



Tracy Highlight

Virginia Governor Ralph Northam - January

ABOUT THE GOVERNOR ¥ — THE ADMINISTRATION ¥ CONSTITUENT SERVICES ¥

NEWSROOM ¥ EXECUTIVE ACTIONS

Home | Newsroom | News Releases | 2021 Governor Northam Announces More Than $29.6 Million to Expand Broadband Access

AVIRUS (COVID-19) RESPONSE + H: d COVIDWISE, Virginia’s COVID-19

ur phone to the fight here. For up-to: >rmation, assistanc

For Immediate Release: January 26, 2021 Contacts: Office of the Governor: Alena Yarmosky, Alena. [email protected] | Virginia Department of Housing and Community Development: Amanda Love, [email protected] gov

Governor Northam Announces More Than $29.6 Million to Expand Broadband Access

Five projects across 11 localities awarded Virginia Telecommunications Initiative grants to help connect over 11,700 homes, businesses, and community institutions

htps:!/www.governor. virginia. gov/newstoonvall-releases/202 1 /january/headline-891658-en.html[ 1/26/2021 3:46:59 PM)

Virginia Governor Ralph Northam - January

https://www.governor.virginia.gov/newsroom/all-releases/2021/january/headline-891658-en.html[1/26/2021 3:46:59 PM]

“Now more than ever, we must ensure that Virginians in every part of our Commonwealth have access to reliable, high-speed internet,” said Governor Northam. “With these grants, we will help bridge the digital divide in unserved communities and provide thousands of households and businesses with the connections they need to work, learn, and thrive.”

“Since day one of the Northam Administration, broadband expansion has been a key priority to connect our unserved Virginians,” said Secretary of Commerce and Trade Brian Ball. “These grants will connect more than 11,000 households, businesses and community anchors to high-speed internet, allowing them important opportunities in education, work, and healthcare.”

Projects were selected through a competitive process that evaluated each project for demonstrated need and benefit for the community, applicant readiness and capacity, and the cost and leverage of the proposed project. The level of funding awarded is based on the infrastructure needs in the project area.

In this application year, VATI received 45 applications from 53 units of local government that partnered with 26 internet service providers, requesting more than $105 million in funding. The five projects announced today are the first round of high-ranked projects. These projects are either unaffected by the recently announced Federal Communications Commission’s Phase I of Rural Digital Opportunity Fund (RDOF) preliminary awards or have already been re-scoped by the applicant to remove overlap with RDOF funded areas. A second round of awards of the remaining high-ranked projects, including those that have been re- scoped and re-evaluated due to the impact of RDOF will be announced utilizing the remaining available funds in the coming months. Additional information on VATI is available here.

The following projects will be awarded in round one of the 2021 VATI grants:

Botetourt County and Lumos $1,364,337 Botetourt County, through a partnership with internet service provider Lumos, will extend its broadband network in the county. The project will bring broadband access to 548 serviceable units, including 30 businesses, through the construction of 59 miles of fiber-optic cable.

Cumberland Plateau Planning District Commission and Point Broadband $16,285,217
Cumberland Plateau Planning District Commission will construct 1,312 miles of fiber through a partnership with Point Broadband. The project includes the counties of Buchanan, Dickenson, Russell, and Tazewell and will provide access to 8,335 serviceable units, including 82 businesses.

LENOWISCO Planning District Commission and Scott County Telephone Cooperative $1,230,563 LENOWISCO Planning District Commission, in partnership with Scott County Telephone Cooperative, will construct 73 miles of fiber at gigabit speeds in Lee County, and provide access to 679 total serviceable units.

Mecklenburg County and EMPOWER Broadband $449,381 Mecklenburg County will construct over 22 miles of fiber in partnership with EMPOWER Broadband. The project will connect 414 serviceable units to broadband at gigabit speeds, including 12 businesses.

Northern Neck Planning District Commission and All Points Broadband

https://www.dhcd.virginia.gov/vati Tracy Highlight

Virginia Governor Ralph Northam - January

In this application year, VATI received 45 applications from 53 units of local government that partnered with 26 internet service providers, requesting more than $105 million in funding. The five projects announced today are the first round of high-ranked projects. These projects are either unaffected by the recently announced Federal Communications Commission’s Phase I of Rural Digital Opportunity Fund (RDOF) preliminary awards or have already been re-scoped by the applicant to remove overlap with RDOF funded areas, A second round of awards of the remaining high-ranked projects, including those that have been re- scoped and re-evaluated due to the impact of RDOF will be announced utilizing the remaining available funds in the coming months. Additional information on VATI is available here.

The following projects will be awarded in round one of the 2021 VATI grants:

Botetourt County and Lumos $1,364,337

Botetourt County, through a partnership with internet service provider Lumos, will extend its broadband network in the county. The project will bring broadband access to 548 serviceable units, including 30 businesses, through the construction of 59 miles of fiber-optic cable.

LENOWISCO Planning District Commission and Scott County Telephone Cooperative $1,230,563

LENOWISCO Planning District Commission, in partnership with Scott County Telephone Cooperative, will construct 73 miles of fiber at gigabit speeds in Lee County, and provide access to 679 total serviceable units.

Mecklenburg County and EMPOWER Broadband

$449,381

Mecklenburg County will construct over 22 miles of fiber in partnership with EMPOWER Broadband. The project will connect 414 serviceable units to broadband at gigabit speeds, including 12 businesses.

Northern Neck Planning District Commission and All Points Broadband

-https://www. governor. virginia. gov/newstoom/all-releases!2021 /january/headline-891658-en.html[1/26/2021 3:46:59 PM)

Notes to Servicing Records (1) Credit payments acknowledged by IRS & received in Custodial Account. Red indicates not yet rec’d

5,588,478.16$ 266,118.01$ 4.36% (2) Sequestration set for FY9/30/21 at 5.70%

1 2,895,313.31$ 4/17/2017 (3) Before impact of Sequestration 21 10/1/2036 1,920,977.44$

4.60% 517,058.88$

838,420.77$

360

Interest Calculated Calculated

Pmts Date Balance Principal Interest Using the Credit Rate Credit Payment* Date Amount Amount (2) Date Amount

*At 70% of Credit Rate

0 4/19/2017 5,588,478.16$

1 10/1/2017 5,365,990.84$ 222,487.32$ 115,681.50$ 109,645.94$ 76,752.16$ 7/27/2017 76,752.16$ 71,456.26$ 9/20/2017 71,456.25$ 6.9%

2 5/21/2018 5,349,932.49$ 16,058.35$ -$ -$ -$ -$ -$

3 10/1/2018 5,176,161.76$ 173,770.73$ 246,096.89$ 233,257.06$ 163,279.94$ 7/27/2018 163,279.94$ 152,503.46$ 9/4/2018 152,503.46 6.6%

4 10/1/2019 4,990,498.17$ 185,663.59$ 238,103.44$ 225,680.65$ 157,976.46$ 7/26/2019 157,976.46$ 148,181.92$ 9/10/2019 148,181.91 6.2%

5 10/1/2020 4,792,450.42$ 198,047.75$ 229,562.92$ 217,585.72$ 152,310.00$ 7/24/2020 152,310.00$ 143,628.33$ 12/8/2020 144,917.26 5.7%

*Lesser of interest or calc CP

FIXED RATE BOND - DEBT SERVICE SCHEDULE

Payments/Year Total Payments

QECB Credit Payment Calculation

Total Interest Maturity

Amount

Amount of Credit Payment

Submitted to IRS on Form 8038-

CP*

Actual Credit Payment Received

Virginia Resources Authority Taxable Qualified Energy Conservation Revenue Bond, (VirginiaSAVES Green Community Program - Russell County Projects) Series 2017 (Direct

Debt Service Schedule

Applicable Credit Rate

Annual Rate

Published Total Projected Credit Payment (3)

For Servicing Period Ending 12/31/2020

Actual

Sequestration

Rate

Average Principal Payment

Scheduled Debt Payments

Projected Credit Payment Remaining (3)

Actual Credit Payment Received by

Russell into Custody Account

Projected Credit Payment

Recv’d by Russell in

Custody Acct

Tracy Highlight

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(1) Credit payments acknowledged by IRS & received in Custodial Account. Red indicates not yet rec’d

(3) Assigned to Banc of America and payments made directly by Russell County (4) Payments under the Lease are credited against the Note.

Date Pmt # Transaction Amount Principal Interest Balance Date Pmt # Transaction Amount Principal Interest Balance

4/19/2017 Funding 5,588,478.16$ 5,588,478.16$ 4/19/2017 Funding 5,588,478.16$ 5,588,478.16$

10/1/2017 1 Payment 338,168.82$ 222,487.32$ 115,681.50$ 5,365,990.84$ 10/1/2017 1 Payment 338,168.82$ 222,487.32$ 115,681.50$ 5,365,990.84$

5/21/2018 2 Principal 16,058.35$ 16,058.35$ -$ 5,349,932.49$ 5/21/2018 2 Principal 16,058.35$ 16,058.35$ -$ 5,349,932.49$

10/1/2018 3 Payment 419,867.62$ 173,770.73$ 246,096.89$ 5,176,161.76$ 10/1/2018 3 Payment 419,867.62$ 173,770.73$ 246,096.89$ 5,176,161.76$

10/1/2019 4 Payment 423,767.03$ 185,663.59$ 238,103.44$ 4,990,498.17$ 10/1/2019 4 Payment 423,767.03$ 185,663.59$ 238,103.44$ 4,990,498.17$

10/1/2020 5 Payment 427,610.67$ 198,047.75$ 229,562.92$ 4,792,450.42$ 10/1/2020 5 Payment 427,610.67$ 198,047.75$ 229,562.92$ 4,792,450.42$

Actual Debt PaymentsActual Debt Payments

Financing Lease (“Lease”)(1)

Virginia Resources Authority Taxable Qualified Energy Conservation Revenue Bond, (VirginiaSAVES Green

Community Program - Russell County Projects) Series 2017 (Direct Pay)

Virginia Resources Authority Taxable Qualified Energy Conservation Revenue Bond, (VirginiaSAVES Green

Community Program - Russell County Projects) Series 2017 (Direct Pay)

VRA Bond

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Virginia Department of Transportation

INTER-AGENCY COORDINATION MEETING Joint Permit Application

DEQ COE VMRC

I. VDOT PROJECT INFORMATION

Route: 678 UPC#: VDOT Project Number: 00678-083-23806022 USGS Quadrangle: Moll Creek City/County: Russell VDOT City/County Code: 083 Contract Type: Maintenance - State Forces Project Charge: 11163550-11047-72746-167-16502 Estimated Begin Date: 11/16/2020 Designer: Hurt, Robert E

II. TYPE OF SCOPING/COORDINATION: Permit Coordination

Permits Required: COE Reporting RP11/NW18; VMRC VGP-1

III. VDOT CONTACTS

Permit Coordinator

(VDOT District Contact) District Environmental Manager

(Authorized Agent) VDOT (Applicant)

Name: Dennis A. Sanders Name: George B Young Name: Jeffrey B Powell Address: 870 Bonham Road

Bristol, VA 24201 Address: 870 Bonham Road

Bristol, VA 24201 Phone #: (276) 696-3299 Phone #: (276) 696-3302 Phone #: (276) 696-3389

IV. PERMITTED ACTIVITY

This project will do repairs to Bridge #6248, located on Rt. 678, along Moll Creek in Russell County. The repairs will consist of reconstructing a wingwall on the downstream side of Abutment B. The existing wingwall has failed and will removed from the channel. Repairs to Abutment A will be 10 feet of scour repairs along the downstream wingwall. Non-erodible cofferdams will be placed around both work areas and flowing water will not be allow to come in contact with concrete until it has hardened. 25 feet of Class II riprap will be placed along the stream bank on the upstream side of Abutment B to prevent the stream from cutting behind the existing wingwall. No instream work will occur from 4/1 to 9/30 of any year to protect the Yellowfin Madtom and Slippershell Mussel. The project will require 1.3 cubic yards & 36 square feet of excavation, along with 3.2 cubic yards & 86 square feet of permanent fill below OHW. The cofferdams will require 2.9 cubic yards & 80 square feet of temporary fill below OHW. All temporary fill will be removed from the stream once repairs are complete. All work will be done from the roadway. A mussel survey/relocation will be done by VA Tech before… See Attachment A.

V. ENVIRONMENTAL ASSESSMENT(Avoidance and Impacts are described in greater detail in section VI and VII.)

Present Impacts Present Impacts Federal Threatened/Endangered Species Yes * Water of the U.S Yes Yes State Threatened/Endangered Species Yes * Wetlands No No Anadromous fish No No Riffle Pool Complexes No No Trout No No Other Special Aquatic Sites No No Shellfish No No 100 Year Floodplain Yes No Public Water Supply No No Historic/Archeological Resources No No Scenic Rivers No No Air Quality Nonattainment Area No No Navigable Waters No No Tidal Waters/Wetlands: No No Open Water > 1.0 Acre No No

*Please refer to the T&E Report for T&E Species Impacts

IACM DATE: 11/10/2020
VDOT PROJECT #: 00678-083-23806022
PERMIT #: 20-4143 PRE-APP#:

Page 1 of 6IACM Coordination Form 7/1/2017

JACM DATE: 11/10/2020 VDOT PROJECT #: 00678-083-23806022 PERMIT #: 20-4143 PRE-APP#:

Virginia Department of Transportation INTER-AGENCY COORDINATION MEETING Joint Permit Application DEQ COE VMRC

VDOT PROJECT INFORM. ION Route: 678 UPC¢: VDOT Project Number: 00678-083-23806022 USGS Quadrangle: Moll Creek City/County: Russell VDOT City/County Code: 083 Contract Type: Maintenance - State Forces Project Charge: 11163550-11047-72746-167-16502 Estimated Begin Date: 11/16/2020 Designer: Hurt, Robert E TI. TYPE OF SCOPING/COORDINATION: Permit Coordination

Permits Required: COE Reporting RP11/NW18; VMRC VGP-1

I. VDOT CONTACTS

Permit Coordinator District Environmental Manager VDOT (Applicant) (VDOT District Contact) (Authorized Agent) Name: Dennis A. Sanders Name: George B Young Name: Jeffrey B Powell Address: 870 Bonham Road Address: 870 Bonham Road Address: 870 Bonham Road Bristol, VA 24201 Bristol, VA 24201 Bristol, VA 24201 Phone #: (276) 696-3299 Phone #: (276) 696-3302 Phone #: (276) 696-3389

IV, PERMITTED ACTIVITY

This project will do repairs to Bridge #6248, located on Rt. 678, along Moll Creek in Russell County. The repairs [will consist of reconstructing a wingwall on the downstream side of Abutment B. The existing wingwall has failed and will removed from the channel. Repairs to Abutment A will be 10 feet of scour repairs along the Jdownstream wingwall. Non-erodible cofferdams will be placed around both work areas and flowing water will not be allow to come in contact with concrete until it has hardened. 25 feet of Class II riprap will be placed along the stream bank on the upstream side of Abutment B to prevent the stream from cutting behind the existing wingwall. [No instream work will occur from 4/1 to 9/30 of any year to protect the Yellowfin Madtom and Slippershell Mussel. ‘The project will require 1.3 cubic yards & 36 square feet of excavation, along with 3.2 cubic yards & 86 square feet of permanent fill below OHW. The cofferdams will require 2.9 cubic yards & 80 square feet of temporary fill below OHW. All temporary fill will be removed from the stream once repairs are complete. All [work will be done from the roadway. A mussel survey/relocation will be done by VA Tech before… See Attachment A.

V. ENVIRONMENTAL ASSESSMENT (Avoidance and Impacts are described in greater detail in section Vand VIL)

Open Water > 1.0 Acre No No

Please refer to the TRE Report for TRE Species Impacts

IACM Coordination Form 7/1/2017 Page | of 6

VI. SUMMARY OF DETAILED ENVIRONMENTAL IMPACT INFORMATION This project has one jurisdictional crossing.

General: Latitude: 36°45’57" Longitude: 82°19’43" FEMA FIRM number: 51167C0340C Nearest Community: Little Duck, VA Surrounding Land Use: Forest Basin: Tennessee and Big Sandy River Sub-basin: 6B. Clinch River Sub-basin Hydrologic Unit Code: 06010205

Engineering data for impacts to Waters of the US:

OHW elevation (feet): 1783 Dredging/Excavation Filling (Permanent): Filling (Temporary):

MLW elevation (feet): N/A Streams Open Water

Wetlands Streams Open Water

Wetlands

Area (feet2) 36 0 0 86 0 0 80 0 0

Quantity (yd3) below OHW 1.3 0 0 3.2 0 0 2.9 0 0

Quantity (yd3) below MLW 0 0 0 0 0 0 0 0 0

Construction Method MECHANICAL MECHANICAL MANUAL

Stream Information:

Stream Name(s): Moll Creek Drainage Area (miles2): 9.1

Pool/Riffle/Flat ratio: 00/100/00 Average Depth (feet): 1

Substrate: bedrock Average Width (feet): 15

OHWM Indicator(s): Break in slope

DGIF Classification: Other (N/A) Cowardin Classification: R2RS

DEQ Classification: IV. Mountainous Zone Waters Section #: 2 Special Standards: x

Linear Feet of Permanent Stream Impacts:

Perennial- 35 Intermittent- 0 Ephemeral- 0 Riffle/Pool- 0

Conceptual Stream Mitigation: None Proposed

IACM DATE: 11/10/2020
VDOT PROJECT #: 00678-083-23806022
PERMIT #: 20-4143 PRE-APP#:

Page 2 of 6IACM Coordination Form 7/1/2017

JACM DATE: 11/10/2020 VDOT PROJECT #: 00678-083-23806022 PERMIT #: 20-4143 PRE-APP#:

Vi.

General:

Latitude: 36°45’57" Longitude: 82°19’43" Nearest Community: Little Duck, VA.

Basin: Tennessee and Big Sandy River Hydrologic Unit Code: 06010205

SUMMARY OF DETAILED ENVIRONMENTAL IMPACT INFORMATION This project has one jurisdictional cros

ig.

FEMA FIRM number: 51167C0340C Surrounding Land Use: Forest Sub-basin; 6B. Clinch River Sub-basin

Engineering data for impacts to Waters of the US:

OHIW elevation (feet): 1783 Dredging/Exeay: Filling (Permanent): | Filling (Temporary): MLW elevation (feet): N/A Streams [ Open [Wetlands] Streams | Open J Wetlands] Streams [ Open | Wetlands Water Water Water Area (feet?) 36 o| o| 86 0 0 80) 0 0 Quantity (yd") below OHW 13 o| of 32 0 of 2.9) 0 0 Quantity (yd") below MLW | | | | 0 0 0 0 0 Construction Method MECHANICAL MECHANICAL MANUAL

Stream Information:

Stream Name(s): Moll Creek

Pool/Riffle/Flat ratio: 00/100/00

Substrate: bedrock

OHWM Indicator(s): Break in slope

DGIF Classification: Other (N/A)

DEQ Classification: IV. Mountainous Zone Waters

Linear Feet of Permanent Stream Impacts Perennial- 35 Intermittent 0

Conceptual Stream Mitigation: None Proposed

Drainage Area (miles*): 9.1 Average Depth (feet): Average Width (feet): 15

Cowardin Classification: R2RS Section #: 2 Special Standards: x

Ephemeral- 0 Riffle/Pool- 0

IACM Coordination Form 7/1/2017

Page 2 of 6

Wetland Information: N/A

Species identified:

Cowardin Classification(s):

Amount Disturbed(area -feet2)

Emergent Scrub/Shrub Forested Totals

Non-Tidal Tidal Non-Tidal Tidal Non-Tidal Tidal Non-Tidal Tidal

Primary 0 0 0 0 0 0 0 0

Secondary 0 0 0 0 0 0 0 0

Temporary 0 0 0 0 0 0 0 0

Conceptual Wetland Mitigation: None Proposed

Other Natural Resource Information: N/A

Cowardin Classification(s):

Amount of Impacts

L.F S.F

Non-Tidal Tidal Non-Tidal Tidal

Permanent 0 0 0 0

Temporary 0 0 0 0

Conceptual Other Mitigation: None Proposed

IACM DATE: 11/10/2020
VDOT PROJECT #: 00678-083-23806022
PERMIT #: 20-4143 PRE-APP#:

Page 3 of 6IACM Coordination Form 7/1/2017

JACM DATE: 11/10/2020 VDOT PROJECT #: 00678-083-23806022 PERMIT #: 20-4143 PRE-APP#:

Wetland Information: N/A Species identified: Cowardin Classification(s):

Amount Disturbed(area -feet”)

Permanent 0 0 0 0

Temporary 0 0 0 0 Conceptual Other Mitigation: None Proposed

IACM Coordination Form 7/1/2017

Page 3 06

VII. PROJECT NARRATIVE: Project purpose, need, and description: Purpose of this project is repair the existing bridge on Rte. 678 over Moll Creek in Russell County.

Proposed construction schedule: Repairs will begin as soon as permits are cleared and mussel work is complete this fall. Project should take roughly two weeks to complete.

Project impacts (include a description of all impacts, permanent and temporary): Impacts to this project will be a new wing wall, 10 feet of scour repairs and 25 feet of riprap. These repairs will require 1.3 cy & 36 sf of excavation, 3.2 cy & 86 sf of permanent fill. Cofferdams will require 2.9 cy & 80 sf of temporary fill.

T&E Species (See Attachment F for additional documentation): A time of year restriction from 4/1 to 9/30 for instream work will be applied to these repairs. A mussel survey/relocation will be done by VA Tech before repairs begin and VDOT biologist will check and remove all fish from the cofferdams before they are dewatered per DWR approval. No mussels were found on 10/15/2020 survey. No tree removal will be required.

Cultural Resources (See Attachment E for additional documentation): VDOT Effect Determination: NO EFFECT. Project effects limited to (1) a bridge determined not individually eligible for the NRHP pursuant to the September 2017 Bridge MOA between VDOT and VDHR (as amended in June 2018) and not located within an historic district recorded in V-CRIS, and (2) existing right of way, which has been previously disturbed and does not contain… See Attachment A.

VIII. PROJECT MITIGATION: Project mitigation efforts including AVOIDANCE, MINIMIZATION, AND COMPENSATION: Avoidance: All fish and mussels will be removed from the work area before repairs begin by VDOT biologist.

Minimization: All work will be done in the dry by using non-erodible cofferdams.

Compensation (include functional assessment when applicable): No required

IACM DATE: 11/10/2020
VDOT PROJECT #: 00678-083-23806022
PERMIT #: 20-4143 PRE-APP#:

Page 4 of 6IACM Coordination Form 7/1/2017

JACM DATE: 11/10/2020 VDOT PROJECT #: 00678-083-23806022 PERMIT #: 20-4143 PRE-APP#:

VII. PROJECT NARRATIVE: Project purpose, need, and description: Purpose of this project is repair the existing bridge on Rte. 678 over Moll Creek in Rus

ell County.

Proposed construction schedule: Repairs will begin as soon as permits are cleared and mussel work is complete this fall. Project should take roughly two weeks to complete,

Project impacts (include a description of all impacts, permanent and temporary):

Impacts to this project will be a new wing wall, 10 feet of scour repairs and 25 feet of riprap. These repairs will require 1.3 cy & 36 sf of excavation, 3.2 ey & 86 sf of permanent fill. Cofferdams will require 2.9 cy & 80 sf of temporary fill.

T&E Species (See Attachment F for additional documentation):

A time of year restriction from 4/1 to 9/30 for instream work will be applied to these repairs. A mussel survey/relocation will be done by VA Tech before repairs begin and VDOT biologist will check and remove all fish from the cofferdams before they are dewatered per DWR approval. No mussels were found on 10/15/2020 survey. No tree removal will be required,

Cultural Resources (See Attachment E for additional documentation):

VDOT Effect Determination: NO EFFECT. Project effects limited to (1) a bridge determined not individually eligible for the NRHP pursuant to the September 2017 Bridge MOA between VDOT and VDHR (as amended in June 2018) and not located within an historic district recorded in V-CRIS, and (2) existing right of way, which has been previously disturbed and does not contain… See Attachment A.

VII. PROJECT MITIGATIO!

Project mitigation efforts including AVOIDANCE, MINIMIZATION, AND COMPENSATION: Avoidance:

‘All fish and mussels will be removed from the work area before repairs begin by VDOT biologist. Minimization: All work will be done in the dry by using non-crodible cofferdams.

Compensation (include functional assessment when applicable): No required

TACM Coordination Form 7/1/2017 Page 4 of 6

IX. EROSION AND SEDIMENT CONTROLS: An erosion and sediment control plan will be prepared and implemented in compliance with the Erosion and Sediment Control Law, the Erosion and Sediment Control Regulations, and the annual erosion and sediment control standards and specifications approved by the Department of Conservation and Recreation.

X. STORMWATER MANAGEMENT STATEMENT: Design of this project will be in compliance with the Stormwater Management Act, the Stormwater Management Regulations, and the annual stormwater management standards, and specifications approved by the Department of Conservation and Recreation.

XI. MATERIALS ASSESSMENT: All fill material shall be clean and free of contaminants in toxic concentrations or amounts in accordance with all applicable laws and regulations.

XII. FEMA STATEMENT: The design of this project will be in compliance with all applicable FEMA-approved state or local floodplain management requirements.

XIII. DREDGE MATERIAL MANAGEMENT PLAN: All dredge material will be removed to an approved, contained, upland location. The disposal area will be of sufficient size and capacity to properly contain the dredge material, to allow for adequate dewatering and settling out of sediment, and to prevent overtopping. The disposal area will be properly stabilized prior to placement of dredge material.

XIV. NEPA DOCUMENTATION: Not Required Document type: Date:

XV. CERTIFICATION (for SPGP/VWPP only):

“I certify under penalty of law that this document and all attachments were prepared under my direction or supervision in accordance with a system designed to assure that qualified personnel properly gather and evaluate the information submitted. Based on my inquiry of the person or persons who manage the system or those persons directly responsible for gathering the information, the information submitted is to the best of my knowledge and belief true, accurate, and complete. I am aware that there are significant penalties for submitting false information including the possibility of fine and imprisonment for knowing violations.”

Applicant Signature:

Name of person signing above: (print or type)

Title: Date:

Authorized Agent Signature:

Name of person signing above: (print or type)

Title: Date:

IACM DATE: 11/10/2020
VDOT PROJECT #: 00678-083-23806022
PERMIT #: 20-4143 PRE-APP#:

Page 5 of 6IACM Coordination Form 7/1/2017

JACM DATE: 11/10/2020 VDOT PROJECT #: 00678-083-23806022 PERMIT #: 20-4143 PRE-APP#:

X. _ STORMWATER MANAGEMENT STATEMENT: Design of this project will be in compliance with the Stormwater Management Act, the Stormwater Management Regulations, and the annual stormwater management standards, and specifications approved by the Department of Conservation and Recreation.

XI. MATERIALS ASSESSMENT: ‘Al fill material shall be clean and free of contaminants in toxic concentrations or amounts in accordance with all applicable laws and regulations

XI FEMA STATEMENT: The design of this project will be in compliance with all applicable FEMA-approved state or local floodplain management requirements,

XII. DREDGE MATERIAL MANAGEMENT PLAN: All dredge material will be removed to an approved, contained, upland location. The disposal area will be of sufficient size and capacity to properly contain the dredge material, to allow for adequate dewatering and settling out of sediment, and to prevent overtopping. The disposal area will be properly stabilized prior to placement of dredge material.

jot Required

XV. CERTIFICATION (for SPGP/VWPP only):

“I certify under penalty of law that this document and all attachments were prepared under my direction or supervision in accordance with a system designed to assure that qualified personnel properly gather and evaluate the information submitted. Based on my inquiry of the person or persons who manage the system or those persons| directly responsible for gathering the information, the information submitted is to the best of my knowledge and belief true, accurate, and complete. I am aware that there are significant penalties for submitting false information including the possibility of fine and imprisonment for knowing s.”

Applicant Signature:

Name of person signing above: (print or type)

Title: Date:

Authorized Agent Signature:

Name of person signing above:

(print or type)

Title: Date:

TACM Coordination Form 7/1/2017 Page 5 0f 6

XVI. ATTACHMENTS (Include all that apply):

[ X ]

Narratives Continuation (See Attachment A)

[ X ] Project Maps [Vicinity, Topo, and FEMA Maps]

[ X ] Permit Sketches (Plan views, section views including temporary and permanent impacts)

[ X ] Hydraulic Commentary

[ X ] Cultural Resources Information

[ X ] Threatened and Endangered Species Information (including VDOT T&E Report)

[ X ] Photographs

[ ] Jurisdictional Determination Form

[ ] Signed Certification Statement

[ ] SPGP Check List

IACM DATE: 11/10/2020
VDOT PROJECT #: 00678-083-23806022
PERMIT #: 20-4143 PRE-APP#:

Page 6 of 6IACM Coordination Form 7/1/2017

JACM DATE: 11/10/2020 VDOT PROJECT #: 00678-083-23806022 PERMIT #: 20-4143 PRE-APP#:

XVI. ATTACHMENTS (Include all that apply): [X] Narratives Continuation (See Attachment A) [X] Project Maps [Vicinity, Topo, and FEMA Maps]

[X] Permit Sketches (Plan views,

-ction views including temporary and permanent impacts) [X] Hydraulic Commentary

[X] Cultural Resources Information

[X] Threatened and Endangered Species Information (including VDOT T&E Report)

[X] Photographs

[ ] Jurisdictional Determination Form

[ ] Signed Certification Statement

[ ] SPGP Check List

TACM Coordination Form 7/1/2017 Page 6 of 6

Attachment A

Narratives Continuation

Attachment A

Narratives Continuation

Attachment A - CONTINUATION:

Permitted Activity:

the repairs and all fish will be removed from within the cofferdams by VDOT biologist after they have been installed.

Cultural Resources:

any archaeological sites or battlefields recorded in V-CRIS. Final Effect Determination: NO EFFECT. Stip. 2 Determination Date: 04/04/2019.

Attachment A - CONTINUATION:

Permitted Activity the repairs and all fish will be removed from within the cofferdams by VDOT biologist after they have been installed.

Cultural Resources: any archaeological sites or battlefields recorded in V-CRIS. Determination Date: 04/04/2019.

Attachment B

Project Maps Vicinity, Topo, and FEMA Maps

Attachment B

Project Maps Vicinity, Topo, and FEMA Maps

0678-083-23806022 Permit # 20-4143 Russell County
Moll Creek

Project Location

dennis.sanders Oval

dennis.sanders Line

Dennis.Sanders Line

VIRGINIA “The Old Dominion”

0678-083-23806022 Permit # 20-4143 Russell County Moll Creek

jejareseey

Jamestown Colony — Four

Statehood — June 25, 1788 Lowest Elevation — Sea Le

Highest Elevation — Moun State Flower — Dogwood State Bird — Cardinal Population — 8,185,867

Dennis.Sanders Oval

Dennis.Sanders Callout Project Location

Dennis.Sanders Typewritten Text 0678-083-23806022 Permit # 20-4143 Russell County Moll Creek

Dennis.Sanders Typewritten Text Moll Creek Quad.

Moll Creek Quad.

0678-083-23806022 Permit # 20-4143 Russell County

Moll Creek

Dennis.Sanders Callout Project Location

Dennis.Sanders Typewritten Text 0678-083-23806022 Permit # 20-4143 Russell County Moll Creek

National Flood Hazard Layer FIRMette

3674612300

OTHER AREAS OF FLOOD HAZARD

[SERGE] Area of Minimal Flood Hazard ( Brtectve tomes OTHER AREAS ‘rea of Undetermined Food Hazard

Channel, culvert, oF Storm Sewer

No Digtat Data Ay

(MAP PANELS

Seas a348N

Attachment C

Permit Sketches

Attachment C

Permit Sketches

Moll Creek Abutment A

Abutment B

Over sized footer

Failed Wingwall

Proposed 8 ft wingwall

Scour Repairs along Wingwall - 10 ft

Str. 6248

Existing & Proposed

17 feet long x 15 feet wide

Non-erodible

Cofferdam

Summary of Impacts

Excavation Perm FillTemp Fill

SQ FT

Linear Feet of Stream Impacts = 35

Cubic Yards Fill / Linear Foot =

1.3

3.2

2.9

0.09

0678-083-23806022

Permit # 20-4143

Russell County Moll Creek

Not to Scale

Vertical Datum=NAD27

Sheet 1 of 2

Date:10/22/20

All concrete work must be done in the dry.

Cofferdams to remain in place until all concrete has hardened

O.H.W. = 1783

O.H.W. O.H.W.

O.H.W.

30 ft Prescriptive ROW

No Utility Work on Project

15 feet wide

25 feet Class II Riprap

Proposed & ff wingwal

Falled Wingwall

ae Abutment A

Non-erod/ble Cofferdam

All concrete work must be done in the dry. Cofferdams to remain in place until all concrete has hardened

Non-erod/ble Cofferdam

O.AW.

Scour Repairs along Wingwall - lO fT

Over sized footer

Str. 6248

Existing & Proposed If feet long x 15 feet wide

ROCA

Abutment 6

30 ff Prescriptive ROW

25 feet Class |! Riprap

a OW = 1783

Moll Creek 15 feet wide

Se OH.

No Utility Work on Pro fect

Summary of Impacts

Excavation| Perm Fill |Temp Fill 0678-08 3-2 3806022 Permit * 20-4/43 ~ oe Russell County SQ FI} 36 86 80 Moll Creek Linear Feet of Stream Impacts = 35 Not to Scale

Cuble Yards Fill / Linear Foot -0,09| Vertical Datum-NADzr

Sheet / of 2

Date!O/ 22/20

Abutment B Wingwall

Existing

Abutment B Wingwall

Proposed

=Concrete Scour Repairs

Stream Bed

Scour

Excavation Perm FillTemp Fill

SQ FT

Linear Feet of Stream Impacts = 35

Cubic Yards Fill / Linear Foot =

1.3

3.2

2.9

0.09

0678-083-23806022

Permit # 20-4143

Russell County Moll Creek

Not to Scale

Vertical Datum=NAD27

Sheet 2 of 2

Date:10/22/20

Non-erodible

Cofferdam

O.H.W. = 1783

Stream Bed

Existing

Proposed

O.H.W. = 1783

25 feet of Riprap

Abutment B Wingwall Repairs

A b u te

m n t A

Proposed Wingwall

O.H.W. = 1783

Stream Bed

Non-erodible Cofferdam

8 feet long

10 feet long

Abutment A Wingwall Replacement

Class II Riprap

Abutment A Wingwall Replacement

Non-erodible . a

Cofferdam Proposed Wingwal/ 6 feet long OAW.= 1783 ><) a Stream Bed 25 feet of Riprap Abutment B Wingwall Repairs Existing Existing Abutment B Wingwall Be OHW.= 1783 (O feetlong = |. OHW.= 1783 Stream Bed Soaur Stream Bed Proposed =Concrete Scour Repairs Proposed Non-erodible Class |/ Riprap Abutment B Wingwall Cofferdam a O.HW.= 1783 (O feet long _ bana Ba Ont 1763 oirea Bea Stream Bed Excavation| Perm Fill\Temp Fill 0678-08 3-2 35806022 Permit * 20-443 cy 13 3.2 29 Russell County SQ FI} 36 86 80 Moll Creek

Linear Feet of Stream Impacts = 35 Not fo Seale

: . : - Vertical Datum=-NAD2Z/ Cubic Yards Fill 7 Linear Foot = 0.09 Sheet 2 of 2

DateIO/22/20

Attachment D

Hydraulic Commentary

Attachment D

Hydraulic Commentary

LD-293 Page 1 of 1

(3-14-19)

VIRGINIA DEPARTMENT OF TRANSPORTATION

LOCATION AND DESIGN

LOCATION HYDRAULIC STUDY

Project Information

UPC N/A State Project Number 0678-083-23806022

City/County Russell County Route 678

Waterbody Moll Creek

Study Information

Project Type Maintenance

Description of proposed actions within the Base Flood Plain

Repairs to Bridge #6248 will consist of two phases. Phase I will consist of undermining repair along Abutment B by forming and pouring concrete under the existing footer for the entire length of Abutment B measuring 15’ in length. In addition, the downstream wing wall will be formed and poured with concrete for approx. 8’ in length. To replace the existing one that collapsed. On the upstream side of Abutment B, Class II riprap will be installed for approx. 25’ for the purpose of protecting the wing wall. Phase II will consist of repairing undermining along the downstream wing wall of Abutment A. The area will be formed and poured with concrete for approx. 10’.

Drainage Area 9.1 sq. mi.

Roadway Classification Local Design Storm 10-year

Panel Number Zone* BFE Floodway Encroachment

Notation

51167C0340C A N/A N/A

Only note if in a Zone A, AE, V, or VE area

Engineers Assessment Concrete repair work is minimal and placement of stone is to replace material lost due to erosion/scour to protect the wing wall.

Conclusion

Further study required None

Personal Information

Completed By Ernest Blankenship, Jr., P.E.

With VDOT, Bristol District Hydraulic Section

Phone 276-696-3277 Email [email protected]

mailto:[email protected] LD-293 Page | of 1 (3-14-19)

VIRGINIA DEPARTMENT OF TRANSPORTATION,

LOCATION AND DESIGN LOCATION HYDRAULIC STUDY UPC N/A State Project Number | 0678-083-23806022 City/County Russell County Route 678

Waterbody Moll Creek

Study Information

Project Type Maintenance

Description of proposed _| Repairs to Bridge #6248 will consist of two phases. Phase | will consist of actions within the Base undermining repair along Abutment B by forming and pouring concrete under Flood Plain the existing footer for the entire length of Abutment B measuring 15" in length. In addition, the downstream wing wall will be formed and poured with concrete for approx. 8’in length. To replace the existing one that collapsed. On the upstream side of Abutment B, Class Il riprap will be installed for approx. 25! for the purpose of protecting the wing wall. Phase II will consist of repairing undermining along the downstream wing wall of Abutment A. The area will be formed and poured with concrete for approx. 10’.

Drainage Area 9.15q. mi.

Roadway Classification _—_Local Design Storm | 10-year

Panel Number Zone* BFE Floodway Notation Encroachment

51167C0340C A N/A N/A

Only note if in a Zone A, AE, V, or VE area

Engineers Assessment Concrete repair work is minimal and placement of stone is to replace material lost due to erosion/scour to protect the wing wall.

Further study required None

Personal Information

Completed By Ernest Blankenship, Jr., P.E.

With VDOT, Bristol District Hydraulic Section

Phone 276-696-3277 Email ernie.blankenship@ vdot.virginia.gov

FIRM

FLOOD INSURANCE RATE MAP

RUSSELL COUNTY,

INIA AND PORATED AREAS

PANEL 340 OF 450

see FOR FIRM PANEL LAYOUT)

Attachment E

Cultural Resources Information

Attachment E

Cultural Resources Information

VDOT Cultural Resources Summary Documentation for Interagency Permit Application

Project Number: 00678-083-23806022 UPC: Project Name: RBC-0678-083-364557-821944-Bridge #6248 VDHR File No. - Funding Source: State District: Bristol Primary Jurisdiction: Russell Cultural Resources Manager: Lucas, Kalli S. Report Generated: 10/27/2020

The following determinations have been made by VDOT Cultural Resources staff for this VDOT project as a whole in consultation with the State Historic Preservation Officer in Virginia (Director of Virginia Department of Historic Resources) in conformance with the requirements of Section 106 of the National Historic Preservation Act (54 U.S.C. 306108) and its implementing regulations, 36 CFR Part 800. The Area of Potential Effects (APE) for the USACOE’s undertaking subject to Section 106 may be smaller than the APE defined for the project as a whole.

Designated Lead Federal Agency for Section 106: USACE

Does the project have the potential to affect historic properties, should they be present? Yes

Description of Area of Potential Effects (APE):

Are there previously recorded architectural resources within the APE?

Notes: Date:

Are there previously recorded archaeological resources within the APE?

Notes: Date:

Are historic properties present in the Area of Potential Effects? No

Effects Matrix: Not applicable Explanation of Effect Determination: Project effects limited to (1) a bridge determined not individually eligible for the NRHP pursuant to the September 2017 Bridge MOA between VDOT and VDHR (as amended in June 2018) and not located within an historic district recorded in V-CRIS, and (2) existing right of way, which has been previously disturbed and does not contain any archaeological sites or battlefields recorded in V-CRIS.

Determination of No Effect made 04/04/2019 and reported to the SHPO in accordance with Stipulation II.A of the Programmatic Agreement among the Federal Highway Administration, the U.S. Army Corps of Engineers, Norfolk District, the Tennessee Valley Authority, the Advisory Council on Historic Preservation, the Virginia State Historic Preservation Officer, and the Virginia Department of Transportation Regarding Transportation Undertakings Subject to Section 106 of the National Historic Preservation Act of 1966 (executed August 2, 2016).

Effect Determination (non-“Stip.II.A”): NO EFFECT VDHR Concurrence Date:

If Adverse Effect, MOA Execution Date:

IACM DATE: 11/10/2020
VDOT PROJECT #: 00678-083-23806022
PERMIT #: 20-4143 PRE-APP#:

JACM DATE: 11/10/2020 VDOT PROJECT #: 00678-083-23806022 PERMIT #: 20-4143 PRE-APP#:

VDOT Cultural Resources Summary Documentation for Interagency Permit Application

Project Number: 00678-083-23806022 upc: Project Name: RBC-0678-083-364557-821944-Bridge #6248

VDHR File No. - Funding Source: State District: Bristol Primary Jurisdiction: Russell

Cultural Resources Manager: Lucas, Kalli S. Report Generated: 10/27/2020

The following determinations have been made by VDOT Cultural Resources staff for this VDOT project as a whole in consultation with the State Historic Preservation Officer in Virginia (Director of Virginia Department of Historic Resources) in conformance with the requirements of Section 106 of the National Historie Preservation Act (54 U.S.C. 306108) and its implementing regulations, 36 CFR Part 800. The Area of Potential Effects (APE) for the USACOE’s undertaking subject to Section 106 may be smaller than the APE defined for the project as a whole.

Designated Lead Federal Agency for Section 106: USACE Does the project have the potential to affect historic properties, should they be present? Yes

Description of Area of Potential Effects (APE):

the APE?

Are there previo Notes: Date:

ly recorded architectural resources

Are there previo Notes: Date:

ly recorded archaeological resources within the APE?

present in the Area of Potential Effects? No

(Determination of No Effect made 04/04/2019 and reported to the SHPO in accordance with Stipulation ILA of the Programmatic Agreement among the Federal Highway Administration, the U.S. Army Corps of Engineers, Norfolk District, the Tennessee Valley Authority, the Advisory Council on Historic Preservation, the Virginia State Historic Preservation Officer, and the Virginia Department of Transportation Regarding Transportation Undertakings Subject to ‘Section 106 of the National Historic Preservation Act of 1966 (executed August 2, 2016).

ILA"): NO EFFECT VDHR Concurrence Date:

If Adverse Effect, MOA Execution Date:

Attachment F

Threatened & Endangered Species Information

Attachment F

Threatened & Endangered Species Information

T&E CLEARANCE

Project Name: RBC-0678-083-364557-821944-Bridge #6248 Project Type: Maintenance Project Number: 00678-083-23806022 Charge Number: 11163550-11047-72746-

167-16502 UPC: Route Type: Secondary Route Number: 678 District: City/County: Residency: Bristol Russell Lebanon From: Route 678 To: Route 678 Project Description: Additional Project Description:

The Russell County Bridge Crew plans two phases of repairs to Bridge #6248, located on Rt. 678, along Moll Creek. Phase I will consist of: along Abutment B, several locations of undermining will be repaired by forming and pouring concrete under the existing footer for the entire length of Abutment of B measuring 15’ in length. In addition, on Abutment B the downstream wing wall need to be replaced. The wall will be formed and poured with concrete for approx. 8’ in length. To conduct this work in the dry, the entire area along Abutment B will be coffered dam with sandbags for approx. 40’. Any water seeping behind the cofferdam will be pumped into a filter bag prior to discharge. On the upstream side of Abutment B, Class II riprap will be installed by placing the rock only for approx. 25’ for the purpose of protecting the wing wall located on the upstream side of Abutment B. Phase II will consist of: on the downstream side of Abutment A, repair work will need to be completed along the wing wall that has undermining occurring. The area will be formed and poured with concrete for approx. 10’. To conduct this work in the dry, the work area along the wing wall located on the A Abutment will be coffered dam with sandbags for approx. 20’. Any water seeping behind the cofferdam will be pumped into a filter bag prior to discharge. No tree removal required. Project located in the Moll Creek Quad.

T&E Project Description: Quadrangle: MOLL CREEK SERP Exempt?: Yes Latitude: 36°45’57" Permit Required?: Yes Longitude: -82°19’44"

IACM DATE: 11/10/2020
VDOT PROJECT #: 00678-083-23806022
PERMIT #: 20-4143 PRE-APP#:

JACM DATE: 11/10/2020 VDOT PROJECT #: 00678-083-23806022 PERMIT #: 20-4143 PRE-APP#:

T&E CLEARANCE

Project Name: Project Number:

UPC:

Route Number: District: Bristol

From:

To:

Project Description: Additional Project Description:

T&E Project Description:

Quadrangle: Latitude: Longitude:

RBC-0678-083-364557-821944-Bridge #6248 Project Type: Maintenance 00678-083-23806022 Charge Number: 11163550-11047-72746- 167-16502 Route Type: Secondary 678 City/County: Residency: Russell Lebanon Route 678 Route 678

The Russell County Bridge Crew plans two phases of repairs to Bridge #6248, located on Rt. 678, along Moll Creek. Phase I will consist of: along Abutment B, several locations of undermining will be repaired by forming and pouring concrete under the existing footer for the entire length of Abutment of B measuring 15’ in length. In addition, on Abutment B the downstream wing wall need to be replaced. The wall will be formed and poured with concrete for approx. 8’ in length. To conduct this work in the dry, the entire area along Abutment B will be coffered dam with sandbags for approx. 40’. Any water seeping behind the cofferdam will be pumped into @ filter bag prior to discharge. On the upstream side of Abutment B, Class IT riprap will be installed by placing the rock only for approx. 25’ for the purpose of protecting the wing wall located on the upstream side of Abutment B. Phase II will consist of: on the downstream side of Abutment A, repair work will need to be completed along the wing wall that has undermining occurring. The area will be formed and poured with concrete for approx. 10’. To conduct this work in the dry, the work area along the wing wall located on the ‘A Abutment will be coffered dam with sandbags for approx. 20". Any water seeping behind the cofferdam will be pumped into a filter bag prior to discharge. No tree removal required. Project located in the Moll Creek Quad.

MOLL CREEK SERP Exempt?: Yes 36°45’57" Permit Required?: Yes -82°19’44"

SUMMARY:

[ ] The activity falls within a list of activities that have been determined to have No Effect on Fish, Plant and Wildlife Resources. No additional review required.

No federal nexus, SERP or state water quality permits required [ ] The activity is completely within developed ROW and a Screening Review was conducted. [ ] The activity is on undeveloped ROW and the Project Limits were evaluated using an Abbreviated

Review.

Federal nexus, SERP or state water quality permits required [ ] SERP required. A Full Review was conducted. [ ] Federal nexus and activities occur within developed ROW. Activities have not been determined to have

No Effect. A Screening Review was conducted. [X] All other activities. A Full Review was conducted.

DATE: REVIEWER:

[X] Based upon a review of the appropriate data sources, T&E Resources are known or suspected to be a concern for this project and additional review is required.

06/05/2020 M Short

[ ] Based on a review of the appropriate data sources, No T&E resources are documented or are suspected to be a concern for this project.

[X] PROJECT PHASE PERMITTING REVIEW COMPLETE

10/27/2020 D Sanders

CLEARANCE HISTORY: DATE STAFF CONTACT PROJECT PHASE HYPERLINK 10/27/2020 Sanders, Dennis A. PERMITTING T&EClearance_10-27-2020T07:06:30.pdf 10/23/2020 Sanders, Dennis A. PERMITTING T&EClearance_10-23-2020T09:13:06.pdf 08/12/2020 Short, Margaret R PERMITTING T&EClearance_08-12-2020T11:09:02.pdf 07/20/2020 Short, Margaret R PERMITTING T&EClearance_07-20-2020T10:23:21.pdf

SPECIES: Species/Status Effect

Determination TOYR

Begin TOYR

End Data Source Comments

Northern Long-Eared Bat (Myotis septentrionalis)/ Federal:FT State:ST

May affect, Not Likely to adversely Effect

IPaC OSL No tree removal is necessary to complete this project. There are no known hibernacula located within 5 miles of the project. A bridge assessment was performed on 3/27/2019. No indicators of bat usage were observed.

IACM DATE: 11/10/2020
VDOT PROJECT #: 00678-083-23806022
PERMIT #: 20-4143 PRE-APP#:

http://cedar:80/main/servlet/DMS/FILE?WhichMethod=single&dmsID=2396409&saveas=false http://cedar:80/main/servlet/DMS/FILE?WhichMethod=single&dmsID=2395400&saveas=false http://cedar:80/main/servlet/DMS/FILE?WhichMethod=single&dmsID=2360063&saveas=false http://cedar:80/main/servlet/DMS/FILE?WhichMethod=single&dmsID=2347351&saveas=false JACM DATE: 11/10/2020 VDOT PROJECT #: 00678-083-23806022 PERMIT #: 20-4143 PRE-APP#:

[ ] The activity falls within a list of activities that have been determined to have No Effect on Fish, Plant and Wildlife Resources. No additional review required.

No federal nexus, SERP or state water quality permits required [ ] The activity is completely within developed ROW and a Screening Review was conducted.

[ ] The activity is on undeveloped ROW and the Project Limits were evaluated using an Abbreviated Review.

Federal nexus, SERP or state water quality permits required

[ ] SERP required. A Full Review was conducted,

[ ] Federal nexus and activities occur within developed ROW. Activities have not been determined to have No Effect. A Screening Review was conducted.

[X] All other activities. A Full Review was conducted.

DATE: REVIEWER:

[X] Based upon a review of the appropriate data sources, 06/05/2020 M Short T&E Resources are known or suspected to be a concern for this project and additional review is required. [ ] Based on a review of the appropriate data sources, No T&E resources are documented or are suspected to be a concern for this project.

[X] PROJECT PHASE PERMITTING REVIEW 10/27/2020 _D Sanders

COMPLETE

CLEARANCE HISTORY:

DATE STAFF CONTACT PROJECT PHASE HYPERLINK 10/27/2020 __ Sanders, Dennis A. PERMITTING T learance_10-27-2020T07:06:30.pdf_ 10/23/2020 Sanders, Dennis A. PERMITTING T&EClearance_10-23-2020T09:13:06.pdF 08/12/2020 Short, Margaret R__ PERMITTING ‘T&EClearance_08-12-2020711:09:02.pdF 07/20/2020 Short, Margaret R__ PERMITTING T&EClearance_07-20-2020T10:23:21.pdf Species/Status Effect TOYR TOYR Data Source ‘Comments Determination Begin End Northern Long-Eared May affect, Not IPaC OSL No tree removal is Bat (Myotis Likely to necessary to complete this septentrionalis)/ _adversely Effect project. ‘There are no Federal:FT State:ST known hibernacula located

within 5 miles of the project. A bridge assessment was performed on 3/27/2019. No indicators of bat usage were observed.

Yellowfin Madtom (Noturus flavipinnis)/ Federal:FT State:ST

May affect, Not Likely to adversely Effect

4/1 8/31 T&E Database Review,IPaC OSL

This project is located on Moll Creek and is approximately 34.5 meters from the confluence with Copper Creek, where this species is known to occur and is listed for CH for this species. Moll Creek is approximately 20-25 feet wide at the project location. Due to the close proximity to Copper Creek, an instream TOYR restriction for work will be assumed from April 1 - August 31 of any year. All instream work will be completed in the dry behind non-erodible cofferdams. The cofferdams will be cleared of fish and mussels prior to dewatering by approved surveyors, as required by USFWS and DGIF. Any water within the work area will be pumped and filtered prior to discharge. All applicable E&S control requirements will be observed.

Slippershell Mussel (Alasmidonta viridis)/ State:SE

May affect, Not Likely to adversely Effect

4/15 6/15 T&E Database Review This project is located on Moll Creek and is approximately 34.5 meters from the confluence with Copper Creek, where this species has been known to occur. Moll Creek is approximately 20-25 feet wide at the project location. Per discussions with DGIF and USFWS and due to the close proximity to Copper Creek, an instream TOYR restriction for work will be assumed for the protection of the state listed slippershell mussel from April 15 - June 15 and August 15 - September 30 of any year. All instream work will be completed in the dry behind non- erodible cofferdams. The cofferdams will be cleared of fish and mussels prior to dewatering by approved surveyors, as required by

IACM DATE: 11/10/2020
VDOT PROJECT #: 00678-083-23806022
PERMIT #: 20-4143 PRE-APP#:

Yellowfin Madtom

May affect, Not 4/1

(Noturus flavipinnisy/ Likely to Federal:FT State:ST adversely Effect

8/31

JACM DATE: 11/10/2020

VDOT PROJECT #: 00678-083-23806022

PERMIT #: 20-4143 PRE-APP#:

T&E Database Review,IPaC OSL

This project is located on Moll Creek and is approximately 34.5 meters from the confluence with Copper Creek, where this, species is known to occur and is listed for CH for this species. Moll Creek is approximately 20-25 feet wide at the project location. Due to the close proximity to Copper Creek, an instream TOYR restriction for work will be assumed from April | - ‘August 31 of any year. All instream work will be completed in the dry behind non-erodible cofferdams. The cofferdams will be cleared of fish and mussels prior to dewatering by approved surveyors, as required by USFWS and DGIF. Any water within the work area will be pumped and filtered prior to Mlischarge. All All applicable E&S control requirements will be observed.

Slippershell Mussel (Alasmidonta viridis)/ State:SE

May affect, Not 4/15 Likely to adversely Effect

6/15

T&E Database Review

This project is located on Moll Creek and is approximately 34.5 meters from the confluence with Copper Creek, where this species has been known to occur, Moll Creek is approximately 20-25 feet wide at the project location, Per discussions with DGIF and USFWS and due to the close proximity to Copper Creek, an instream TOYR restriction for work will be assumed for the protection of the state listed slippershell mussel from. ‘April 15 - June 15 and ‘August 15 - September 30 of any year. All instream work will be completed in the dry behind non- erodible cofferdams. The cofferdams will be cleared of fish and mussels prior to dewatering by approved surveyors, as required by

USFWS and DGIF. Any water within the work area will be pumped and filtered prior to discharge. All applicable E&S control requirements will be observed. A survey/relocation will be performed 10 meters upstream and then downstream to the confluence of Copper Creek (about 34.5 meters).

Indiana Bat (Myotis sodalis)/ Federal:FE State:SE

May affect, Not Likely to adversely Effect

T&E Database Review,IPaC OSL

No tree removal is necessary to complete this project. There are no known hibernacula located within 5 miles of the project. A bridge assessment was performed on 3/27/2019. No indicators of bat usage were observed.

Gray Bat (Myotis grisescens)/ Federal:FE State:SE

May affect, Not Likely to adversely Effect

T&E Database Review,IPaC OSL

All E & S requirements will be observed. No caves will be directly impacted by the project. This project is not located within a half mile of any known gray bat use cave buffers. A bridge assessment was performed on 3/27/2019. No indicators of bat usage were observed.

Little Brown Bat (Myotis lucifugus lucifugus )/ Federal:SOC State:SE

May affect, Not Likely to adversely Effect

T&E Database Review No tree removal is necessary to complete this project. There are no known hibernacula located within 5 miles of the project. Abiding by the VDOT Statewide Conservation Plan for this species.

Tri-colored Bat (Perimyotis subflavus )/ Federal:SOC State:SE

May affect, Not Likely to adversely Effect

Slippershell Mussel (Alasmidonta viridis)/ State:SE

May affect, Not Likely to adversely Effect

8/15 9/30 T&E Database Review This project is located on Moll Creek and is approximately 34.5 meters from the confluence with Copper Creek, where this species has been known to

IACM DATE: 11/10/2020
VDOT PROJECT #: 00678-083-23806022
PERMIT #: 20-4143 PRE-APP#:

Indiana Bat (Myot sodalis)/ Federal: State:SE

May affect, Not Likely to adversely Effect

JACM DATE: 11/10/2020 VDOT PROJECT #: 00678-083-23806022 PERMIT #: 20-4143 PRE-APP#:

T&E Database Review,IPaC OSL

USFWS and DGIF. Any water within the work area will be pumped and filtered prior to lischarge. All All applicable E&S control requirements will be observed. A survey/relocation will be performed 10 meters upstream and then’ downstream to the confluence of Copper

Creek (about 34.5 meters).

No tree removal is necessary to complete this project. There are no known hibernacula located within 5 miles of the project. A bridge assessment was performed on 3/27/2019, No indicators of bat usage were observed.

Gray Bat (Myotis grisescens)/ Federal: FE State:SE

May affect, Not Likely to adversely Effect

T&E Database Review,PaC OSL

AILE & S requirements will be observed. No caves will be directly impacted by the project. This project is not located within a half mile of any known gray bat use cave buffers. A bridge assessment was performed on 3/27/2019. No indicators of bat usage were observed.

Little Brown Bat

(Myotis lucifugus lucifugus y Federal:SOC State:SE

May affect, Not Likely to adversely Effect

T&E Database Review

No tree removal is necessary to complete this project. There are no known hibernacula located within 5 miles of the project. Abiding by the VDOT Statewide Conservation Plan for this species.

Tri-colored Bat May affect, Not (Perimyotis subflavus Likely to

y adversely Effect Federal:SOC State:SE

T&E Database Review

No tree removal is necessary to complete this project. There are no known hibernacula located within 5 miles of the project. Abiding by the VDOT Statewide Conservation Plan for this species.

Slippershell Mussel 9/30 (Alasmidonta

viridis)/ State:SE

May affect, Not 8/15 Likely to adversely Effect

T&E Database Review

This project is located on Moll Creek and is approximately 34.5 meters from the confluence with Copper Creek, where this species has been known to

occur. Moll Creek is approximately 20-25 feet wide at the project location. Per discussions with DGIF and USFWS and due to the close proximity to Copper Creek, an instream TOYR restriction for work will be assumed for the protection of the state listed slippershell mussel from April 15 - June 15 and August 15 - September 30 of any year. All instream work will be completed in the dry behind non- erodible cofferdams. The cofferdams will be cleared of fish and mussels prior to dewatering by approved surveyors, as required by USFWS and DGIF. Any water within the work area will be pumped and filtered prior to discharge. All applicable E&S control requirements will be observed. A survey/relocation will be performed 10 meters upstream and then downstream to the confluence of Copper Creek (about 34.5 meters).

MUSSELS - GENERAL ()

May affect, Not Likely to adversely Effect

T&E Database Review,IPaC OSL

See IPaC and GIS Integrator Report for a complete list of mussels. This project is 34.5 meters from the confluence with Copper Creek, where many of these species occur. Moll Creek is approximately 20-25 feet wide at the project location. Per discussions with DGIF and USFWS, an instream TOYR restriction for work will be assumed for the protection of the slippershell mussel from April 15-June 15 and August 15-September 30 of any year. This will also afford protection to other mussel species present downstream. All instream work will be completed in the dry behind non-

IACM DATE: 11/10/2020
VDOT PROJECT #: 00678-083-23806022
PERMIT #: 20-4143 PRE-APP#:

MUSSELS - GENERAL ()

May affect, Not Likely to adversely Effect

JACM DATE: 11/10/2020

VDOT PROJECT #: 00678-083-23806022

PERMIT #: 20-4143 PRE-APP#:

T&E Database Review,[PaC OSL

occur. Moll Creek is approximately 20-25 feet wide at the project location, Per discussions with DGIF and USFWS and due to the close proximity to Copper Creek, an instream TOYR restriction for work will be assumed for the protection of the state listed slippershell mussel from April 15 - June 15 and August 15 - September 30 of any year. All instream work will be completed in the dry behind non- erodible cofferdams. The cofferdams will be cleared of fish and mussels prior to dewatering by approved surveyors, as required by USFWS and DGIF. Any water within the work area will be pumped and filtered prior to discharge. All applicable E&S control requirements will be observed. A survey/relocation will be performed 10 meters upstream and then downstream to the confluence of Copper

Creek (about 34.5 meters).

erodible cofferdams. The cofferdams will be cleared of fish and mussels prior to dewatering by approved surveyors, as required by USFWS and DGIF. Any water within the work area will be pumped and filtered prior to discharge. All applicable E&S control requirements will be observed. A mussel survey/relocation will be performed 10 meters upstream and then downstream to the confluence of Copper Creek (about 34.5 meters).

T&E WATERS () May affect, Not Likely to adversely Effect

T&E Database Review The project does not occur in the Big Moccasin Creek drainage. Multiple state and federal T&E species are listed for Copper Creek. This project is located approximately 34.5 meters from the confluence with Copper Creek. All instream work will be completed in the dry behind non-erodible cofferdams. The cofferdams will be cleared of fish and mussels prior to dewatering by approved surveyors, as required by USFWS and DGIF. Any water within the work area will be pumped and filtered prior to discharge. All applicable E&S control requirements will be observed.

AGENCY COMMENT: AGENCY DATE COMMENTS

IACM DATE: 11/10/2020
VDOT PROJECT #: 00678-083-23806022
PERMIT #: 20-4143 PRE-APP#:

T&E WATERS ()

JACM DATE: 11/10/2020 VDOT PROJECT #: 00678-083-23806022 PERMIT #: 20-4143 PRE-APP#:

May affect, Not T&E Database Review The project does not occur Likely to in the Big Moccasin Creek adversely Effect drainage. Multiple state

and federal T&E species are listed for Copper Creek. This project is located approximately 34.5 meters from the confluence with Copper Creek. All instream work will be completed in the dry behind non-erodible cofferdams. The cofferdams will be cleared of fish and mussels prior to dewatering by approved surveyors, as required by USFWS and DGIF. Any water within the work area will be pumped and filtered prior to discharge. All applicable E&S control requirements will be observed.

DATE COMMENTS,

DNH 06/25/2020 Strict E&S. We recommend coordination with FWS. We recommend coordination with DWR. Furthermore, DCR recommends allowing the concrete to dry before removing the cofferdams. DCR supports the use of cofferdams and a pump and filter to conduct all work in the dry. To minimize impacts to karst resources, DCRrecommends the stabilization of the soil around the site be prioritized during all the phases of the project and all standard erosion control measures that are appropriate for the site be used. If karst features such as sinkholes, caves, disappearing streams, and large springs are encountered during the project, please coordinate with Wil Orndorff 540-230-5960, [email protected]. To minimize the potential for invasive species infestation, projectsshould be conducted to minimize the area of disturbance, and disturbed sites should be revegetated with desirable species at the earliest opportunity following disturbance.

FWS 07/10/2020 Per email from USFWS biologist Rose Agbalog dated 7/10/2020: Thanks for the information. I spoke with Mike Pinder and we won’t require that an approved surveyor is present to clear the cofferdams. I don’t have any additional recommendations but I’d like to see the results of the relocation effort, and if T&E species are detected I ask that you please notify me.

DGIF 07/13/2020 Per email from DWR biologist Ernie Aschenbach dated 7/13/2020: Provided all work adheres to our standard recommendations for instream work, the proposed combined TOYR (from April 1 through September 30 of any given year) protective if the SE slippershell and the FESE yellowfin madtom, all work is performed in the dry, all concrete is allowed to harden prior to coming in contact with the water, and all mussels and fish are relocated from the cofferdam areas prior to dewatering by qualified professional in accordance with https://dwr.virginia.gov/wp-content/uploads/mussel-guidelines-11- 2018.pdf and https://dwr.virginia.gov/wp- content/uploads/media/Fish-Relocation-Best-Practices.pdf, we support the proposed work plan. Per our phone discussion today, we understand that VDOT will have Dr. Neves perform mussel survey/relocation. According to VDOT, Mike Pinder has agreed that VDOT environmental staff are allowed to relocate fish from the cofferdam areas. We are distributing these recommendations to Brian Watson, DWR Malacologist; and Mike Pinder, DWR Fisheries Biologist for their concurrence. We support any additional recommendations & clarification they may provide. We recommend contacting the USFWS regarding all federally listed species known from the region. We recommend contacting DCR-DNH regarding resources under their purview known from the region. Please provide any updated info, as it becomes available. Thank you.

DGIF 07/17/2020 Per email from DWR fisheries biologist Mike Pinder on 7/17/2020 regarding VDOT moving fish from cofferdams: Yes but identify and photograph each species. Use a view box so you can get side photographs of each species. Sent me a short write up and photos when you’re done. Mike

DGIF 10/26/2020 Time of year restriction on instream work. A species survey was conducted. No T&E species were observed.

AGENCY COORDINATION RECORD: AGENCY NAME AGENCY TRACKING

NUMBER DATE SUBMITTED

DATE DUE DATE OF LAST REVIEW

DGIF ESS Log 40750 06/05/2020 07/06/2020 07/13/2020 DNH Number 00678-083-23806022 06/05/2020 07/06/2020 06/25/2020

IACM DATE: 11/10/2020
VDOT PROJECT #: 00678-083-23806022
PERMIT #: 20-4143 PRE-APP#:

DNH

06/25/2020

JACM DATE: 11/10/2020 VDOT PROJECT #: 00678-083-23806022 PERMIT #: 20-4143 PRE-APP#:

Strict E&S, We recommend coordination with FWS. We recommend coordination with DWR. Furthermore, DCR recommends allowing the concrete to dry before removing the cofferdams. DCR supports the use of cofferdams and a pump and filter to conduct all work in the dry. To minimize impacts to karst resources, DCRrecommends the stabilization of the soil around the site be prioritized during all the phases of the project and all standard erosion control measures that are appropriate for the site be used. If karst features such as sinkholes, caves, disappearing streams, and large springs are encountered during the project, please coordinate with Wil Orndorff 540-230-5960, Wil.Omdorff@dcr. virginia. To minimize the potential for invasive species infestation, projectsshould be conducted to minimize the area of disturbance, and disturbed sites should be revegetated with desirable species at the earliest opportunity following disturbance.

FWS,

07/10/2020

Per email from USFWS biologist Rose Agbalog dated 7/10/2020: Thanks for the information. I spoke with Mike Pinder and we won’t require that an approved surveyor is present to clear the cofferdams. I don’t have any additional recommendations but I’d like to see the results of the relocation effort, and if T&E species are detected I ask that you please notify me.

DGIF

07/13/2020

Per email from DWR biologist Ernie Aschenbach dated 7/13/2020: Provided all work adheres to our standard recommendations for instream work, the proposed combined TOYR (from April | through September 30 of any given year) protective if the SE slippershell and the FESE yellowfin madtom, all work is performed in the dry, all concrete is allowed to harden prior to coming in contact with the water, and all mussels and fish are relocated from the cofferdam areas prior to dewatering by qualified professional in accordance with https://dwr.virginia.gov/wp-content/uploads/mussel-guidelines- | l- 2018:pdf and hitps://dwr. virginia. gov/wp- content/uploads/media/Fish-Relocation-Best-Practices.pdf, we support the proposed work plan. Per our phone discussion today, we understand that VDOT will have Dr. Neves perform mussel survey/relocation. According to VDOT, Mike Pinder has agreed that VDOT environmental staff are allowed to relocate fish from the cofferdam areas. We are distributing these recommendations to Brian Watson, DWR Malacologist; and Mike Pinder, DWR Fisheries Biologist for their concurrence. We support any additional recommendations & clarification they may provide. We recommend contacting the USFWS regarding all federally listed species known from the region. We recommend contacting DCR-DNH regarding resources under their purview known from the region. Please provide any updated info, as it becomes available. Thank you.

DGIF

07/17/2020

Per email from DWR fisheries biologist Mike Pinder on 7/17/2020 regarding VDOT moving fish from cofferdams: Yes but identify and photograph each species. Use a view box so you can get side photographs of each species. Sent me a short write up and photos When you’re done. Mike

DGIF

10/26/2020

Time of year restriction on instream work. A species survey was conducted. No T&E species were observed.

AGENCY NAME

DGIF ESS Log

AGENCY NUMBER

40750

TRACKIN DATE DATE DUE DATE OF SUBMITTED LAST

REVIEW

06/05/2020 07/06/2020 07/13/2020

DNH Number

00678-083-23806022 06/05/2020 07/06/2020 06/25/2020

FWS Consultation Code 05E2VA00-2020-SLI-3630 06/05/2020 07/06/2020 07/10/2020

C.O. COMMENT: REVIEW SPECIES DATE COMMENTS OTHER REVIEW

COMMENTS

SURVEY(S) REQUESTED: SCOPE TYPE REQUEST

DATE SPECIES SURVEY

STATUS RECOMMENDATIONS

Relocation Mussel 08/12/2020 MUSSELS - GENERAL ()

COMPLETE The first mussel relocation survey was conducted on 10/15/2020. Within a reach about 40m downstream to 10m upstream from the project site, no mussels were found. Only a fragment of a Villosa iris shell was seen. The instream habitat has been impacted by surrounding landuse practices.

RISK ASSESSMENT: If a federally listed species has been identified in the database search, the Risk Assessment must not be used for any species. Review and coordination with state and federal agencies must follow current guidance. Project Type: [ ] Maintenance [X] Construction

Resources Present: [ ] Aquatic [ ] Terrestrial

IACM DATE: 11/10/2020
VDOT PROJECT #: 00678-083-23806022
PERMIT #: 20-4143 PRE-APP#:

JACM DATE: 11/10/2020 VDOT PROJECT #: 00678-083-23806022 PERMIT #: 20-4143 PRE-APP#:

FWS Consultation Code __ 05E2VA00-2020-SLI-3630___06/05/2020 07/06/2020 07/10/2020

REVIEW SPECIES. = DATE COMMENTS OTHER REVIEW COMMENTS

SURVEY(S) REQUESTED: SCOPE TYPE REQUEST SPECIES SURVEY RECOMMENDATIONS

DATE STATUS Relocation Mussel 08/12/2020 MUSSELS - COMPLETE The first mussel relocation GENERAL () survey was conducted on

10/15/2020, Within a reach about 40m downstream to

10m upstream from the project site, no mussels were found. Only a fragment of a Villosa iris shell was seen. The instream habitat has been impacted by surrounding landuse practices.

RISK ASSESSMENT:

If a federally listed species has been identified in the database search, the Risk Assessment must not be

used for any species. Review and coordi with state and federal agencies must follow current guidance.

Project Type: [ ] Maintenance [X] Construction Resources Present [ ] Aquatic [ ] Terrestrial

Final Report

Mussel Survey and Relocation at the Route 678 Crossing of Moll Creek, Russell County,

Virginia

VDOT Project # 00678-083-23806022

Prepared by

Richard J. Neves and William F. Henley

Department of Fish and Wildlife Conservation

Virginia Tech

Blacksburg, Virginia 24061-0321

for

Virginia Department of Transportation

1401 East Broad Street

Richmond, Virginia 23219-2000

October 2020

Final Report

Mussel Survey and Relocation at the Route 678 Crossing of Moll Creek, Russell County, Virginia

VDOT Project # 00678-083-23806022

Prepared by

Richard J. Neves and William F. Henley Department of Fish and Wildlife Conservation Virginia Tech Blacksburg, Virginia 24061-0321

for

Virginia Department of Transportation 1401 East Broad Street Richmond, Virginia 23219-2000

October 2020

                                                          Introduction

VDOT will repair the existing Route 678 bridge over Moll Creek, Russell County, Virginia

in two phases, affecting both abutments and requiring coffer dams (Figs. 1, 2, and 3). This reach

of the stream is approximately 40 m from the confluence with Copper Creek, where the

occurrence of the state-listed Slippershell (Alasmidonta viridis) has been documented to occur.

Therefore, the VDWR and USFWS recommended a mussel relocation survey (50 m), from 40 m

downstream to 10 m upstream of the bridge, to be conducted before commencement of in-stream

work. Because of the proximity to Copper Creek, a time-of-year-restriction (TOYR) on

construction was imposed from April 15 to June 15 and August 15 to September 30 for the

proposed work. This relocation survey was conducted to meet TOYR and follow VDWR

guidelines.

Methods and Materials

The stream reach extending from 40 m downstream to 10 m upstream of the Route 678 bridge

over Moll Creek was visually searched for mussels in an upstream direction on October 15, 2020

(Figs. 1 through 5). The survey was conducted by Dick Neves and Bill Henley, Department of Fish

& Wildlife Conservation, Virginia Tech, Blacksburg, Virginia. Google Earth was used to geo-

reference the boundaries of the surveyed reach (Fig. 1). The relocation survey consisted of two

passes in an upstream direction. The creek substratum in the 50 m reach was visually searched for

live mussels and shells, with the intent to relocate any observed mussels. Deeper areas were

searched by snorkeling (Neves), and shallow areas by viewscope (Henley). We spent a total of 2.8

person-hours of in-creek survey time to search for mussels during the two passes.

Results

Water level was normal, with water depth ranging from approximately 0.1 to 0.8 m. Water

was clear, and water velocity was swift throughout much of the surveyed reach. Weather was

Introduction

VDOT will repair the existing Route 678 bridge over Moll Creek, Russell County, Virginia in two phases, affecting both abutments and requiring coffer dams (Figs. 1, 2, and 3). This reach of the stream is approximately 40 m from the confluence with Copper Creek, where the occurrence of the state-listed Slippershell (Alasmidonta viridis) has been documented to occur. ‘Therefore, the VDWR and USFWS recommended a mussel relocation survey (50 m), from 40 m downstream to 10 m upstream of the bridge, to be conducted before commencement of in-stream work, Because of the proximity to Copper Creek, a time-of-year-restriction (TOYR) on construction was imposed from April 15 to June 15 and August 15 to September 30 for the proposed work. This relocation survey was conducted to meet TOYR and follow VDWR. guidelines. Methods and Materials

The stream reach extending from 40 m downstream to 10 m upstream of the Route 678 bridge over Moll Creek was visually searched for mussels in an upstream direction on October 15, 2020 (Figs. | through 5). The survey was conducted by Dick Neves and Bill Henley, Department of Fish & Wildlife Conservation, Virginia Tech, Blacksburg, Virginia. Google Earth was used to geo- reference the boundaries of the surveyed reach (Fig. 1). The relocation survey consisted of two passes in an upstream direction. The creek substratum in the 50 m reach was visually searched for live mussels and shells, with the intent to relocate any observed mussels. Deeper areas were searched by snorkeling (Neves), and shallow areas by viewscope (Henley). We spent a total of 2.8 person-hours of in-creek survey time to search for mussels during the two passes.

Results Water level was normal, with water depth ranging from approximately 0.1 to 0.8 m, Water

was clear, and water velocity was swift throughout much of the surveyed reach. Weather was

partly cloudy to sunny, with an air temperature of approximately 13 C, and water temperature of

12.6⁰ C.

                                                                  Habitat

The survey area contained mostly riffles and a pool. The 10 m upstream of the bridge contained

only one rather high-gradient riffle (Fig. 2), and the 40 m downstream contained one pool just

downstream of the bridge, then a riffle and run at the confluence with Copper Creek (Figs. 5 and

6). Upstream of the bridge, banks were approximately 0.5 m in height, and the riparian zones on

both banks contained grass, shrubs, and trees; no evidence of bank erosion was observed upstream

of the bridge (Fig. 3). Downstream of the bridge, banks were approximately 0.5 to 1.0 m in height,

and riparian zones on both banks contained pasture grass, with few shrubs and scattered trees (Figs.

5 and 6). Cattle had open access downstream of the bridge; numerous fresh hoof prints were

evident, with obvious bank erosion (Fig. 5).

Substratum in the creek was variable. Bedrock outcrops occurred from approximately 10 m

downstream of the bridge to 5 m upstream. Upstream of this bedrock, substratum consisted of

loose unconsolidated gravel, sand, and silt. Downstream of the outcrops, substratum also consisted

of very loose unconsolidated gravel, sand, and silt. A delta of loose gravel from this creek was

evident at the confluence with Copper Creek (Fig. 6). No woody debris was observed in the creek.

                                                        Mussel Survey

No mussels were observed during a total of 2.8 person-hours of time during the two survey

passes. Only one old fragment of the shell of a rainbow mussel (Villosa iris) was collected. We

observed no live specimens or shells of Asian clams (Corbicula fluminea); snails were

uncommon, and crayfish were rare. Observed fish included cyprinid minnows (common), darters

(common), and sculpin (rare).

partly cloudy to sunny, with an air temperature of approximately 13 C, and water temperature of 12.6°C. Habitat

‘The survey area contained mostly riffles and a pool. The 10 m upstream of the bridge contained only one rather high-gradient riffle (Fig. 2), and the 40 m downstream contained one pool just downstream of the bridge, then a riffle and run at the confluence with Copper Creek (Figs. 5 and 6). Upstream of the bridge, banks were approximately 0.5 m in height, and the riparian zones on both banks contained grass, shrubs, and trees; no evidence of bank erosion was observed upstream of the bridge (Fig. 3). Downstream of the bridge, banks were approximately 0.5 to 1.0 min height, and riparian zones on both banks contained pasture grass, with few shrubs and scattered trees (Figs. 5 and 6). Cattle had open access downstream of the bridge; numerous fresh hoof prints were evident, with obvious bank erosion (Fig. 5).

Substratum in the creek was variable, Bedrock outcrops occurred from approximately 10 m downstream of the bridge to 5 m upstream. Upstream of this bedrock, substratum consisted of loose unconsolidated gravel, sand, and silt, Downstream of the outcrops, substratum also consisted of very loose unconsolidated gravel, sand, and silt. A delta of loose gravel from this creek was evident at the confluence with Copper Creek (Fig. 6). No woody debris was observed in the creek.

Mussel Survey

No mussels were observed during a total of 2.8 person-hours of time during the two survey passes. Only one old fragment of the shell of a rainbow mussel (Villosa iris) was collected. We observed no live specimens or shells of Asian clams (Corbicula fluminea); snails were uncommon, and crayfish were rare. Observed fish included cyprinid minnows (common), darters

(common), and sculpin (rare).

                                                            Conclusion

Habitat in this 50 m survey section of Moll Creek is unsuitable for freshwater mussels, due to

the high gradient, unstable and unconsolidated substratum, and ongoing effects of cattle access to

this section of the creek. It appears that mussels have not resided in lower Moll Creek for many

years.

Conclusion Habitat in this 50 m survey section of Moll Creek is unsuitable for freshwater mussels, due to

the high gradient, unstable and unconsolidated substratum, and ongoing effects of cattle access to

this section of the creek. It appears that mussels have not resided in lower Moll Creek for many

years.

VDOT Survey Collection Record

VDOT Project Name: RBC-0678-083-364557-821944-Bridge # 6248 (Mussel Survey and Relocation at the Route

678 Crossing of Moll Creek, Russell County, Virginia)

VDOT Project Number: 00678-083-23806022

Project Description: Repair the existing Route 678 bridge over Moll Creek in two phases, affecting both abutments

and requiring coffer dams

Survey Type: Mussel survey and relocation (40 m downstream to 10 m upstream of bridge)

Stream Waterbody: Moll Creek

County: Russell County

Drainage: Copper Creek

Bridge Coordinates: Lat: 36.766019 Long: -82.328953

GPS Projection: WGS84 GPS Accuracy: 5 m

Survey Date(s): 10/15/20

Weather: Partly cloudy/Sunny Water Clarity: Excellent Water Temperature: 12.6 C

Personnel: Virginia Tech: Dick Neves and Bill Henley from Virginia Tech

Species Observed (Counts): Zero

Total Number of Mussels Observed: Zero

Survey Effort: 2.8 person-hours

Total Catch-Per-Unit-Effort: 0.0 mussels/h

Other Mollusks: Corbicula fluminea absent; snails - uncommon

Comments: Viewscope (Henley) and snorkel (Neves). No muskrat middens. Crayfish-rare; fish- darters (common),

cyprinid minnows (common), and sculpin (rare). Water depth- 0.1 to 0.8 m. Right descending bank: upstream of

bridge – riparian vegetation included grass, shrubs and trees; bank – 0.5 m, with no erosion; downstream of bridge –

pasture grass, with few trees and shrubs; active cattle access, with hoof prints; bank – 0.5 to 1.0 m, with evidence of

erosion. Left descending bank: upstream of bridge – same as right descending bank; downstream of bridge – same as

right descending bank. Substrate: high gradient creek with riffle upstream and a pool then riffles downstream of

bridge; depth ranged from 0.1 m in riffles to 0.8 m is some areas of downstream pool. Only one relic shell of Villosa

iris collected downstream of bridge.

VDOT Survey Collection Record

VDOT Project Name: RBC-0678-083-364557-821944-Bridge # 6248 (Mussel Survey and Relocation at the Route 678 Crossing of Moll Creek, Russell County, Virginia)

VDOT Project Number: 00678-083-23806022

Project Description: Repair the ex and requiring coffer dams

1g Route 678 bridge over Moll Creek in two phases, affecting both abutments

Survey Type: Mussel survey and relocation (40 m downstream to 10 m upstream of bridge) Stream Waterbody: Moll Creek

County: Russell County

Drainage: Copper Creek

Bridge Coordinates: Lat: 36.766019 Long: -82.328953

GPS Projection: WGS84_—_ GPS Accuracy: 5 m

Survey Date(s): 10/15/20

Weather: Partly cloudy/Sunny Water Clarity: Excellent Water Temperature: 12.6 C Personnel: Virginia Tech: Dick Neves and Bill Henley from Virginia Tech

Species Observed (Counts): Zero

Total Number of Mussels Observed: Zero

Survey Effort: 2.8 person-hours

Total Catch-Per-Unit-Effort: 0.0 mussels/h

Other Mollusks: Corbicula fluminea absent; snails - uncommon ‘Comments: Viewscope (Henley) and snorkel (Neves). No muskrat middens. Crayfish-rare; fish- darters (common), cyprinid minnows (common), and sculpin (rare). Water depth- 0.1 to 0.8 m, Right descending bank: upstream of

bridge — riparian vegetation included grass, shrubs and trees; bank — 0.5 m, with no erosion; downstream of bridge —

pasture grass, with few trees and shrubs; active cattle access, with hoof prints; bank — 0.5 to 1.0.m, with evidence of erosion, Left descending bank: upstream of bridge — same as right descending bank; downstream of bridge ~ same as,

right descending bank. Substrate: high gradient creek with riffle upstream and a poo! then riffles downstream of

bridge; depth ranged from 0.1 m in rifles to 0.8 m is some areas of downstream pool. Only one relic shell of Villosa

iris collected downstream of bridge.

Figure 1. Overhead photo of the Route 678 bridge crossing of Moll Creek, Russell County, Virginia. Note the downstream boundary of the survey area at the

confluence of Moll and Copper creeks (40 m downstream of bridge), the bridge position, and upstream survey boundary (10 m upstream of bridge).

ure 1, Overhead photo of the Route 678 bridge crossing of Moll Creek, Russell County, confluence of Moll and Copper creeks (40 m downstream of bridge), the bridge position, and upstream survey boundary (10 m upstream of brid

irginia, Note the downstream boundary of the survey area at the

a Bindge 46 766010

sey Start 36

Google Earth

Figure 2. Looking downstream at the Route 678 bridge crossing of Moll Creek, Russell County, Virginia.

Figure 2. Looking downstream at the Route 678 bridge crossing of Moll Creek, Russell County, Virginia

Figure 3. Looking upstream at the Route 678 bridge crossing of Moll Creek, Russell County, Virginia.

Figure 4. The 10 m survey section upstream of the Route 678 bridge crossing of Moll Creek, Russell County,

Virginia.

Figure 4. The 10 m survey section upstream of the Route 678 bridge crossing of Moll Creek, Russell County, Virginia,

Figure 5. The 40 m survey section downstream of the Route 678 bridge crossing of Moll Creek, Russell County,

Virginia.

Figure 5. The 40 m survey section downstream of the Route 678 bridge crossing of Moll Creek, Russell County, Virginia,

Figure 6. The confluence of Moll Creek and Copper Creek in the lower-most section, showing the mouth of Moll

Creek.

Figure 6. The confluence of Moll Creek and Copper Creek in the lower-most section, showing the mouth of Moll Creek.

7/10/2020 Commonwealth of Virginia Mail - Re: [EXTERNAL] 00678-083-23806022; FWS Consult Code 05E2VA00-2020-SLI-3630; Review Reque…

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Short, Margaret [email protected]

Re: [EXTERNAL] 00678-083-23806022; FWS Consult Code 05E2VA00-2020-SLI-3630; Review Request; VDOT AGENCY COORDINATION; NOT FEDERALLY ELIGIBLE, State Funded, USACE lead 1 message

Agbalog, Rose E [email protected] Fri, Jul 10, 2020 at 11:36 AM To: “Short, Margaret” [email protected]

Hi Meg,

Thanks for the informa�on. I spoke with Mike Pinder and we won’t require that an approved surveyor is present to clear the cofferdams. I don’t have any addi�onal recommenda�ons but I’d like to see the results of the reloca�on effort, and if T&E species are detected I ask that you please no�fy me.

Rose Agbalog U.S. Fish and Wildlife Service 330 Cummings St. Suite C, Abingdon, VA 24210 276-623-1233 x 25 [email protected]

From: Short, Margaret [email protected] Sent: Friday, July 10, 2020 7:30 AM To: Agbalog, Rose E [email protected] Subject: Re: [EXTERNAL] 00678-083-23806022; FWS Consult Code 05E2VA00-2020-SLI-3630; Review Request; VDOT AGENCY COORDINATION; NOT FEDERALLY ELIGIBLE, State Funded, USACE lead

Hi Rose,

The project is expected to begin in the fall of 2020 with a duration of 2 weeks.

Let me know if you have more questions.

Thanks, Meg

On Thu, Jul 9, 2020 at 1:40 PM Agbalog, Rose E [email protected] wrote: Hey Meg,

Just ge�ng to this project. When are you all proposing to do the actual work and how long will it take?

Rose Agbalog U.S. Fish and Wildlife Service 330 Cummings St. Suite C, Abingdon, VA 24210 276-623-1233 x 25 [email protected]

https://www.google.com/maps/search/330+Cummings+St.+Suite+C,+Abingdon,+VA+24210?entry=gmail&source=g mailto:[email protected] mailto:[email protected] mailto:[email protected] mailto:[email protected] https://www.google.com/maps/search/330+Cummings+St.+Suite+C,+Abingdon,+VA+24210?entry=gmail&source=g mailto:[email protected] ‘7M1012020 Commonwealth of Virginia Mail - Re: [EXTERNAL] 00678-083-28806022; FW’S Consult Code 05E2VA00-2020-SLI-3630; Review Reque.

Commonwealth of 7 3 Virginia Short, Margaret [email protected]

Re: [EXTERNAL] 00678-083-23806022; FWS Consult Code 05E2VA00-2020-SLI-3630; Review Request; VDOT AGENCY COORDINATION; NOT FEDERALLY ELIGIBLE, State Funded, USACE lead

1 message

Agbalog, Rose E [email protected] Fri, Jul 10, 2020 at 11:36 AM To: "Short, Margaret” < margaret. short@vdot virginia. gov>

Hi Meg,

Thanks for the information. | spoke with Mike Pinder and we won’t require that an approved surveyor is present to clear the cofferdams. | don’t have any additional recommendations but I’d like to see the results of the relocation effort, and if TRE species are detected | ask that you please notify me.

Rose Agbalog

U.S. Fish and Wildlife Service

330 Cummings St. Suite C, Abingdon, VA 24210 276-623-1233 x 25

[email protected]

From: Short, Margaret < margaret. short@vdot. virginia. gov> Sent: Friday, July 10, 2020 7:30 AM

To: Agbalog, Rose E [email protected]

Subject: Re: [EXTERNAL] 00678-083-23806022; FWS Consult Code 05E2VA00-2020-SLI-3630; Review Request; VDOT ‘AGENCY COORDINATION; NOT FEDERALLY ELIGIBLE, State Funded, USACE lead

Hi Rose, The project is expected to begin in the fall of 2020 with a duration of 2 weeks. Let me know if you have more questions.

Thanks, Meg

(On Thu, Jul 9, 2020 at 1:40 PM Agbalog, Rose E [email protected] wrote: Hey Meg,

Just getting to this project. When are you all proposing to do the actual work and how long will it take?

Rose Agbalog

U.S. Fish and Wildlife Service

330 Cummings St. Suite C, Abingdon, VA 24210 276-623-1233 x 25

[email protected]

https:/mail google. com/maillu’07ik=bbd35c279c8 view=pt&search=all& permthid=thread-a%3Ar-4 198093 163784885873%7Cmsg-!%3A167 184471740.

413

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From: Agbalog, Rose E [email protected] on behalf of Southwest Virginia FO, FW5 [email protected] Sent: Wednesday, July 8, 2020 12:26 PM To: Agbalog, Rose E [email protected] Subject: Fw: [EXTERNAL] 00678-083-23806022; FWS Consult Code 05E2VA00-2020-SLI-3630; Review Request; VDOT AGENCY COORDINATION; NOT FEDERALLY ELIGIBLE, State Funded, USACE lead

From: Case, Rachel L [email protected] on behalf of Virginia Field Office, FW5 [email protected] Sent: Tuesday, June 9, 2020 3:08 AM To: Southwest Virginia FO, FW5 [email protected] Subject: Fw: [EXTERNAL] 00678-083-23806022; FWS Consult Code 05E2VA00-2020-SLI-3630; Review Request; VDOT AGENCY COORDINATION; NOT FEDERALLY ELIGIBLE, State Funded, USACE lead

From: Short, Margaret [email protected] Sent: Friday, June 5, 2020 2:36 PM To: Virginia Field Office, FW5 [email protected]; rr ProjectReview (DGIF) [email protected]; Watson, Brian (DGIF) [email protected] Subject: [EXTERNAL] 00678-083-23806022; FWS Consult Code 05E2VA00-2020-SLI-3630; Review Request; VDOT AGENCY COORDINATION; NOT FEDERALLY ELIGIBLE, State Funded, USACE lead

00678-083-23806022; FWS Consult Code 05E2VA00-2020-SLI-3630; Review Request; VDOT AGENCY COORDINATION; NOT FEDERALLY ELIGIBLE, State Funded, USACE lead

☐ This is an updated review.

☒ The VDOT project is a NEW project and the project package is submi�ed for review and concurrence with our effect determina�ons. The VDOT project number and FWS Consulta�on Code are referenced above in subject line.

☒By copy of this email, we are reques�ng comment from (check all that apply):

☒FWS The referenced project was reviewed on 5/6/2020 using the Virginia Field Office’s online project review process, in accordance with all guidance and instruc�ons.

☐DNH (This project has not been submi�ed through Natural Heritage Data Explorer. SHAPEFILE INCLUDED)

☒DGIF:

List Species Here: slippershell mussel, Copper Creek (T&E stream)

PROJECT DESCRIPTION

This is a state funded project with associated USACE water quality permits. This project consists of a phased repair to the Route 678 Bridge (Fed ID No. 016502) located over Moll Creek in Russell County, Virginia. Phase I will consist of repairing the undermining of the en�re length of Abutment B by forming and pouring concrete under the exis�ng footer. In addi�on, the downstream wingwall of Abutment B will be replaced. The wingwall will be formed and poured with concrete for approximately 8 feet in length. To conduct this work in the dry, a sandbag cofferdam will be installed for the en�re area along Abutment B (approximately 40 feet in length). Any water seeping behind the cofferdam will be pumped into a filter bag prior to discharge. On the upstream side of Abutment B, Class II

mailto:[email protected] mailto:[email protected] mailto:[email protected] mailto:[email protected] mailto:[email protected] mailto:[email protected] mailto:[email protected] mailto:[email protected] mailto:[email protected] mailto:[email protected] ‘7M1012020 Commonwealth of Virginia Mail - Re: [EXTERNALJ 00678-083-23806022; FW’S Consult Code 05E2VA00-2020-SL-3630; Review Reque.

From: Agbalog, Rose E [email protected] on behalf of Southwest Virginia FO, FWS [email protected] Sent: Wednesday, July 8, 2020 12:26 PM

To: Agbalog, Rose E [email protected]

‘Subject: Fw: [EXTERNAL] 00678-083-23806022; FWS Consult Code 05E2VA00-2020-SLI-3630; Review Request; VDOT AGENCY COORDINATION; NOT FEDERALLY ELIGIBLE, State Funded, USACE lead

From: Case, Rachel L [email protected] on behalf of Virginia Field Office, FWS [email protected]

Sent: Tuesday, June 9, 2020 3:08 AM

To: Southwest Virginia FO, FWS [email protected]

‘Subject: Fw: [EXTERNAL] 00678-083-23806022; FWS Consult Code 0SE2VA00-2020-SLI-3630; Review Request; VDOT AGENCY COORDINATION; NOT FEDERALLY ELIGIBLE, State Funded, USACE lead

From: Short, Margaret < margaret short@vdot virginia. gov> Sent: Friday, June 5, 2020 2:36 PM

To: Virginia Field Office, FWS <virginiafieldoffice @fws.gov>; rr ProjectReview (DGIF) <ProjectReview@dgif virginia. gov>; Watson, Brian (DGIF) <brian.watson@daif virginia. gov>

Subject: [EXTERNAL] 00678-083-23806022; FWS Consult Code 0SE2VA00-2020-SLI-3630; Review Request; VDOT AGENCY COORDINATION; NOT FEDERALLY ELIGIBLE, State Funded, USACE lead

00678-083-23806022; FWS Consult Code 05E2VA00-2020-SLI-3630; Review Request; VDOT AGENCY COORDINATION; NOT FEDERALLY ELIGIBLE, State Funded, USACE lead

OO This is an updated review. 5 The VDOT project is a NEW project and the project package is submitted for review and concurrence with our effect determinations. The VDOT project number and FWS Consultation Code are referenced above in subject line.

5d By copy of this email, we are requesting comment from (check all that apply):

FWS The referenced project was reviewed on 5/6/2020 using the Virginia Field Office’s online project review process, in accordance with all guidance and instructions.

CIDNH (This project has not been submitted through Natural Heritage Data Explorer. SHAPEFILE INCLUDED)

Boelr: List Species Here: slippershell mussel, Copper Creek (TRE stream)

PROJECT DESCRIPTION

This is a state funded project with associated USACE water quality permits. This project consists of a phased repair to the Route 678 Bridge (Fed ID No, 016502) located over Moll Creek in Russell County, Virginia. Phase | will consist of repairing the undermining of the entire length of Abutment B by forming and pouring concrete under the existing footer. In addition, the downstream wingwall of Abutment B will be replaced. The wingwall will be formed. and poured with concrete for approximately 8 feet in length. To conduct this work in the dry, a sandbag cofferdam will be installed for the entire area along Abutment B (approximately 40 feet in length). Any water seeping behind the cofferdam will be pumped into a filter bag prior to discharge. On the upstream side of Abutment B, Class II

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riprap will be installed for approximately 25 feet. Phase II will consist of repair work to undermining of the downstream wing wall of Abutment A. The area will be formed and poured with concrete for approximately 10 feet. To conduct this work in the dry, a sandbag cofferdam will be installed for approximately 20 feet. Any water seeping behind the cofferdam will be pumped into a filter bag prior to discharge. No tree removal is required to complete the project.

This project review is requested to be conducted in conjunc�on with the Virginia Department of Game and Inland Fisheries in order to determine the correct instream �me-of-year restric�on (TOYR) for work and mussel survey/reloca�on requirements. VDOT will assume a combined TOYR for instream work from April 1 – September 30 for the federally listed yellowfin madtom (Noturus flavipinnis) and the state listed slippershell mussel (Alasmidonta viridis). Is this assumed TOYR sufficient, or are there any other species that need to be considered at this loca�on? Will an approved surveyor for yellowfin madtom need to be present to clear cofferdam areas prior to work? Addi�onally, VDOT proposes to assume presence of state listed mussel species and conduct a survey/reloca�on 10 meters upstream and then downstream to the confluence of Copper Creek (~34.5 meters). Is this approach feasible or would it be more prudent to conduct a survey in order to determine presence/absence of federally listed species?

FEDERAL NEXUS This project review IS needed for a water quality permit from the Army Corps of Engineers for impacts to jurisdic�onal waters.

The project IS NOT eligible for federal funding.

The project IS NOT located on federal lands.

The lead agency is USACOE.

For addi�onal informa�on, please contact me at the email listed above.

ENCLOSURES ☒ DGIF Coordina�on Package ☒ FWS Coordina�on Package

Thank you,

– Meg Short Threatened and Endangered Species Specialist VDOT Bristol District 276.591.0244 cell 276.696.3446 office

–

Meg Short

Threatened and Endangered Species Specialist

VDOT Bristol District

276.591.0244 cell

276.696.3446 office

‘7M1012020

riprap will be installed for approximately 25 feet. Phase 1! will consist of repair work to undermining of the downstream wing wall of Abutment A. The area will be formed and poured with concrete for approximately 10 feet. To conduct this work in the dry, a sandbag cofferdam will be installed for approximately 20 feet. Any water seeping behind the cofferdam will be pumped into a filter bag prior to discharge. No tree removal is required to complete the project.

This project review is requested to be conducted in conjunction with the Virginia Department of Game and Inland Fisheries in order to determine the correct instream time-of-year restriction (TOYR) for work and mussel survey/relocation requirements. VDOT will assume a combined TOYR for instream work from April 1 - September 30 for the federally listed yellowfin madtom (Noturus flavipinnis) and the state listed slippershell mussel (Alasmidonta viridis). Is this assumed TOYR sufficient, or are there any other species that need to be considered at this location? Will an approved surveyor for yellowfin madtom need to be present to clear cofferdam areas prior to work? Additionally, VDOT proposes to assume presence of state listed mussel species and conduct a survey/relocation 10 meters upstream and then downstream to the confluence of Copper Creek (~34.5 meters). Is this approach feasible or would it be more prudent to conduct a survey in order to determine presence/absence of federally listed species?

FEDERAL NEXUS This project review IS needed for a water quality permit from the Army Corps of Engineers for impacts to jurisdictional waters,

‘The project IS NOT eligible for federal funding. The project IS NOT located on federal lands.

The lead agency is USACOE.

For additional information, please contact me at the email listed above.

ENCLOSURES & DGIF Coordination Package © FWS Coordination Package

Thank you,

Meg Short

Threatened and Endangered Species Specialist VDOT Bristol District

276.591.0244 cell

276.696.3446 office

Meg Short

Threatened and Endangered Species Specialist VDOT Bristol District

276.591.0244 cell

276.696.3446 office

https:/mail google. com/mailu’07ik=bbd35c279c8 view=pt&search=all& permthid=thread-a%3Ar-4 198093 163784885873%7Cmsg-!%3A167 184471740.

Commonwealth of Virginia Mail - Re: [EXTERNALJ 00678-083-23806022; FW’S Consult Code 05E2VA00-2020-SL-3630; Review Reque.

313

From: Meg Short

Virginia Department of Transportation

870 Bonham Road

Bristol, VA 24201

[email protected]

276-591-0244

To: U.S. Fish and Wildlife Service

Virginia Field Office

6669 Short Lane

Gloucester, Virginia 23061

June 5, 2020

Re: Project Review Request, 00678-083-23806022, Consult Code: 05E2VA00-2020-SLI-

3630, Russell County, Virginia

We have reviewed the referenced project using the Virginia Field Office’s online project review

process and have followed all guidance and instructions in completing the review. We completed

our review on June 5, 2020 and are submitting our project review package in accordance with the

instructions for further review.

The project consists of a phased repair to the Route 678 Bridge (Fed ID No. 016502) located

over Moll Creek in Russell County, Virginia. Phase I will consist of repairing the undermining of

the entire length of Abutment B by forming and pouring concrete under the existing footer. In

addition, the downstream wingwall of Abutment B will be replaced. The wingwall will be

formed and poured with concrete for approximately 8 feet in length. To conduct this work in the

dry, a sandbag cofferdam will be installed for the entire area along Abutment B (approximately

40 feet in length). Any water seeping behind the cofferdam will be pumped into a filter bag prior

to discharge. On the upstream side of Abutment B, Class II riprap will be installed for

approximately 25 feet. Phase II will consist of repair work to undermining of the downstream

wingwall of Abutment A. The area will be formed and poured with concrete for approximately

10 feet. To conduct this work in the dry, a sandbag cofferdam will be installed for approximately

20 feet. Any water seeping behind the cofferdam will be pumped into a filter bag prior to

discharge. Please see the attached sketches and photos for reference.

The project is located at the following coordinates: 36° 45’ 57.607’‘N, 82° 19’ 44.229’'W. The

location of the project and the action area are also included in the enclosed IPaC package.

The project is expected to be begin in the fall of 2020 with a duration of 2 weeks.

This is a state funded project with associated USACE water quality permits. This project review

is requested to be conducted in conjunction with the Virginia Department of Game and Inland

Fisheries in order to determine the correct instream time-of-year restriction (TOYR) for work

mailto:[email protected] From: Meg Short Virginia Department of Transportation 870 Bonham Road Bristol, VA 24201 margaret, short@vd 276-591-0244

irginia. gov

To: U.S. Fish and Wildlife Service Virginia Field Office 6669 Short Lane Gloucester, Virginia 23061

June 5, 2020

Re: Project Review Request, 00678-083-23806022, Consult Code: 05E2VA00-2020-SLI- 3630, Russell County, Virginia

We have reviewed the referenced project using the Virginia Field Office’s online project review process and have followed all guidance and instructions in completing the review. We completed our review on June 5, 2020 and are submitting our project review package in accordance with the instructions for further review.

The project consists of a phased repair to the Route 678 Bridge (Fed ID No. 016502) located over Moll Creek in Russell County, Virginia. Phase I will consist of repairing the undermining of the entire length of Abutment B by forming and pouring concrete under the existing footer. In addition, the downstream wingwall of Abutment B will be replaced. The wingwall will be formed and poured with concrete for approximately 8 feet in length. To conduct this work in the dry, a sandbag cofferdam will be installed for the entire area along Abutment B (approximately 40 feet in length). Any water seeping behind the cofferdam will be pumped into a filter bag prior to discharge. On the upstream side of Abutment B, Class II riprap will be installed for approximately 25 feet. Phase II will consist of repair work to undermining of the downstream wingwall of Abutment A. The area will be formed and poured with concrete for approximately 10 feet. To conduct this work in the dry, a sandbag cofferdam will be installed for approximately 20 feet. Any water seeping behind the cofferdam will be pumped into a filter bag prior to discharge. Please see the attached sketches and photos for reference.

The project is located at the following coordinates: 36° 45! 57.607"N, 82° 19! 44.229"W. The location of the project and the action area are also included in the enclosed IPaC package.

The project is expected to be begin in the fall of 2020 with a duration of 2 weeks. This is a state funded project with associated USACE water quality permits. This project review

is requested to be conducted in conjunction with the Virginia Department of Game and Inland Fisheries in order to determine the correct instream time-of-year restriction (TOYR) for work

and mussel survey/relocation requirements. VDOT will assume a combined TOYR for instream

work from April 1 – September 30 for the federally listed yellowfin madtom (Noturus

flavipinnis) and the state listed slippershell mussel (Alasmidonta viridis). Is this assumed TOYR

sufficient, or are there any other species that need to be considered at this location? Will an

approved surveyor for yellowfin madtom need to be present to clear cofferdam areas prior to

work? Additionally, VDOT proposes to assume presence of state listed mussel species and

conduct a survey/relocation 10 meters upstream and then downstream to the confluence of

Copper Creek (~34.5 meters). Is this approach feasible or would it be more prudent to conduct a

survey in order to determine presence/absence of federally listed species?

The enclosed project review package provides the information about the species and critical

habitat considered in our review, and the species conclusions table included in the package

identifies our determinations for the resources that may be affected by the project.

For additional information, please contact Meg Short at the address listed above.

   Sincerely, 



   Meg Short 


   Meg Short  

   Threatened and Endang. Species Specialist

Enclosures:

ENTIRE PROJECT REVIEW PACKAGE

and mussel survey/relocation requirements. VDOT will assume a combined TOYR for instream work from April 1 — September 30 for the federally listed yellowfin madtom (Noturus flavipinnis) and the state listed slippershell mussel (Alasmidonta viridis). Is this assumed TOYR sufficient, or are there any other species that need to be considered at this location? Will an approved surveyor for yellowfin madtom need to be present to clear cofferdam areas prior to work? Additionally, VDOT proposes to assume presence of state listed mussel species and conduct a survey/relocation 10 meters upstream and then downstream to the confluence of Copper Creek (~34.5 meters). Is this approach feasible or would it be more prudent to conduct a survey in order to determine presence/absence of federally listed species?

‘The enclosed project review package provides the information about the species and critical habitat considered in our review, and the species conclusions table included in the package identifies our determinations for the resources that may be affected by the project.

For additional information, please contact Meg Short at the address listed above.

Sincerely, Weg Shot

Meg Short Threatened and Endang. Species Specialist

Enclosures:

ENTIRE PROJECT REVIEW PACKAGE

May 06, 2020

United States Department of the Interior FISH AND WILDLIFE SERVICE Virginia Ecological Services Field Office

6669 Short Lane Gloucester, VA 23061-4410

Phone: (804) 693-6694 Fax: (804) 693-9032 http://www.fws.gov/northeast/virginiafield/

In Reply Refer To: Consultation Code: 05E2VA00-2020-SLI-3630 Event Code: 05E2VA00-2020-E-10237
Project Name: 00678-083-23806022

Subject: List of threatened and endangered species that may occur in your proposed project

location, and/or may be affected by your proposed project

To Whom It May Concern:

The enclosed species list identifies threatened, endangered, proposed and candidate species, as well as proposed and final designated critical habitat, that may occur within the boundary of your proposed project and/or may be affected by your proposed project. The species list fulfills the requirements of the U.S. Fish and Wildlife Service (Service) under section 7© of the Endangered Species Act (Act) of 1973, as amended (16 U.S.C. 1531 et seq.). Any activity proposed on National Wildlife Refuge lands must undergo a ‘Compatibility Determination’ conducted by the Refuge. Please contact the individual Refuges to discuss any questions or concerns.

New information based on updated surveys, changes in the abundance and distribution of species, changed habitat conditions, or other factors could change this list. Please feel free to contact us if you need more current information or assistance regarding the potential impacts to federally proposed, listed, and candidate species and federally designated and proposed critical habitat. Please note that under 50 CFR 402.12(e) of the regulations implementing section 7 of the Act, the accuracy of this species list should be verified after 90 days. This verification can be completed formally or informally as desired. The Service recommends that verification be completed by visiting the ECOS-IPaC website at regular intervals during project planning and implementation for updates to species lists and information. An updated list may be requested through the ECOS-IPaC system by completing the same process used to receive the enclosed list.

The purpose of the Act is to provide a means whereby threatened and endangered species and the ecosystems upon which they depend may be conserved. Under sections 7(a)(1) and 7(a)(2) of the Act and its implementing regulations (50 CFR 402 et seq.), Federal agencies are required to utilize their authorities to carry out programs for the conservation of threatened and endangered

http://www.fws.gov/northeast/virginiafield/ United States Department of the Interior

FISH AND WILDLIFE SERVICE Virginia Ecological Services Field Office 6669 Short Lane Gloucester, VA 23061-4410 Phone: (804) 693-6694 Fax: (804) 693-9032 hutp//www.fws.gov/northeast/virginiafield/

In Reply Refer To: May 06, 2020 Consultation Code: 0SE2VA00-2020-SLI-3630

Event Code: 0SE2VA00-2020-E-10237

Project Name: 00678-083-23806022

Subject: List of threatened and endangered species that may occur in your proposed project, location, and/or may be affected by your proposed project

‘To Whom It May Concer:

05/06/2020 Event Code: 05E2VA00-2020-E-10237 2

▪ ▪

species and to determine whether projects may affect threatened and endangered species and/or designated critical habitat.

A Biological Assessment is required for construction projects (or other undertakings having similar physical impacts) that are major Federal actions significantly affecting the quality of the human environment as defined in the National Environmental Policy Act (42 U.S.C. 4332(2) ©). For projects other than major construction activities, the Service suggests that a biological evaluation similar to a Biological Assessment be prepared to determine whether the project may affect listed or proposed species and/or designated or proposed critical habitat. Recommended contents of a Biological Assessment are described at 50 CFR 402.12.

If a Federal agency determines, based on the Biological Assessment or biological evaluation, that listed species and/or designated critical habitat may be affected by the proposed project, the agency is required to consult with the Service pursuant to 50 CFR 402. In addition, the Service recommends that candidate species, proposed species and proposed critical habitat be addressed within the consultation. More information on the regulations and procedures for section 7 consultation, including the role of permit or license applicants, can be found in the “Endangered Species Consultation Handbook” at:

http://www.fws.gov/endangered/esa-library/pdf/TOC-GLOS.PDF

Please be aware that bald and golden eagles are protected under the Bald and Golden Eagle Protection Act (16 U.S.C. 668 et seq.), and projects affecting these species may require development of an eagle conservation plan (http://www.fws.gov/windenergy/ eagle_guidance.html). Additionally, wind energy projects should follow the wind energy guidelines (http://www.fws.gov/windenergy/) for minimizing impacts to migratory birds and bats.

Guidance for minimizing impacts to migratory birds for projects including communications towers (e.g., cellular, digital television, radio, and emergency broadcast) can be found at: http:// www.fws.gov/migratorybirds/CurrentBirdIssues/Hazards/towers/towers.htm; http:// www.towerkill.com; and http://www.fws.gov/migratorybirds/CurrentBirdIssues/Hazards/towers/ comtow.html.

We appreciate your concern for threatened and endangered species. The Service encourages Federal agencies to include conservation of threatened and endangered species into their project planning to further the purposes of the Act. Please include the Consultation Tracking Number in the header of this letter with any request for consultation or correspondence about your project that you submit to our office.

Attachment(s):

Official Species List USFWS National Wildlife Refuges and Fish Hatcheries

05/06/2020 Ev 1020-E-10237

species and to determine whether projects may affect threatened and endangered species and/or designated critical habitat.

A Biological Assessment is required for construction projects (or other undertakings having similar physical impacts) that are major Federal actions significantly affecting the quality of the human environment as defined in the National Environmental Policy Act (42 U.S.C. 4332(2) (0). For projects other than major construction activities, the Service suggests that a biological evaluation similar to a Biological Assessment be prepared to determine whether the project may affect listed or proposed species and/or designated or proposed critical habitat. Recommended contents of a Biological Assessment are described at 50 CFR 402.12.

hitp://www.fws.gov/endangered/esa-library/pdf/TOC-GLOS.PDF

Guidance for minimizing impacts to migratory birds for projects including communications towers (e.g., cellular, digital television, radio, and emergency broadcast) can be found at: http:// www.fws.gov/migratorybirds/CurrentBirdlssues/Hazards/towers/towers.htm; http:// www.towerkill.com; and http://www. fws.gov/migratorybirds/CurrentBirdlssues/Hazards/towers/ comtow.html.

We appreciate your concer for threatened and endangered species. The Service encourages Federal agencies to include conservation of threatened and endangered species into their project planning to further the purposes of the Act. Please include the Consultation Tracking Number in the header of this letter with any request for consultation or correspondence about your project that you submit to our office.

Attachment(s):

Official Species List

USFWS National Wildlife Refuges and Fish Hatcheries

05/06/2020 Event Code: 05E2VA00-2020-E-10237 1

Official Species List This list is provided pursuant to Section 7 of the Endangered Species Act, and fulfills the requirement for Federal agencies to “request of the Secretary of the Interior information whether any species which is listed or proposed to be listed may be present in the area of a proposed action”.

This species list is provided by:

Virginia Ecological Services Field Office 6669 Short Lane Gloucester, VA 23061-4410 (804) 693-6694

05/06/2020

028

Official Species List

This list is provided pursuant to Section 7 of the Endangered Species Act, and fulfills the requirement for Federal agencies to "request of the Secretary of the Interior information whether

any species which is listed or proposed to be listed may be present in the area of a proposed action".

This species list is provided by:

Virginia Ecological Services Field Office 6669 Short Lane

Gloucester, VA 23061-4410

(804) 693-6694

05/06/2020 Event Code: 05E2VA00-2020-E-10237 2

Project Summary Consultation Code: 05E2VA00-2020-SLI-3630

Event Code: 05E2VA00-2020-E-10237

Project Name: 00678-083-23806022

Project Type: BRIDGE CONSTRUCTION / MAINTENANCE

Project Description: This is a state funded project with associated USACE water quality permits. This project consists of a phased repair to the Route 678 Bridge (Fed ID No. 016502) located over Moll Creek in Russell County, Virginia. Phase I will consist of repairing the undermining of the entire length of Abutment B by forming and pouring concrete under the existing footer. In addition, the downstream wingwall of Abutment B will be replaced. The wingwall will be formed and poured with concrete for approximately 8 feet in length. To conduct this work in the dry, a sandbag cofferdam will be installed for the entire area along Abutment B (approximately 40 feet in length). Any water seeping behind the cofferdam will be pumped into a filter bag prior to discharge. On the upstream side of Abutment B, Class II riprap will be installed for approximately 25 feet. Phase II will consist of repair work to undermining of the downstream wingwall of Abutment A. The area will be formed and poured with concrete for approximately 10 feet. To conduct this work in the dry, a sandbag cofferdam will be installed for approximately 20 feet. Any water seeping behind the cofferdam will be pumped into a filter bag prior to discharge. No tree removal is required to complete the project.

Project Location: Approximate location of the project can be viewed in Google Maps: https:// www.google.com/maps/place/36.76594275590774N82.3289537017782W

https://www.google.com/maps/place/36.76594275590774N82.3289537017782W https://www.google.com/maps/place/36.76594275590774N82.3289537017782W 06/2020 Event Code: 05E2VA00-2020-E-10237

Project Summary Consultation Code: +05E2VA00-2020-SLI-3630

Event Code: 0SE2VA00-2020-E-10237 Project Name: 00678-083-23806022 Project Type: BRIDGE CONSTRUCTION / MAINTENANCE

Project Description: This is a state funded project with associated USACE water quality permits. This project consists of a phased repair to the Route 678 Bridge (Fed ID No. 016502) located over Moll Creek in Russell County, Virginia. Phase I will consist of repairing the undermining of the entire length of Abutment B by forming and pouring concrete under the existing footer. In addition, the downstream wingwall of Abutment B will be replaced. The wingwall will be formed and poured with concrete for approximately 8 feet in length. To conduct this work in the dry, a sandbag cofferdam will be installed for the entire area along Abutment B (approximately 40 feet in length). Any water seeping behind the cofferdam will be pumped into a filter bag prior to discharge. On the upstream side of Abutment B, Class IL riprap will be installed for approximately 25 feet. Phase II will consist of repair work to undermining of the downstream wingwall of Abutment A. The area will be formed and poured with concrete for approximately 10 feet. To conduct this work in the dry, a sandbag cofferdam will be installed for approximately 20 feet. Any water seeping behind the cofferdam will be pumped into a filter bag prior to discharge. No tree removal is required to complete the project.

Project Location: ‘Approximate location of the project can be viewed in Google Maps: https://

05/06/2020 Event Code: 05E2VA00-2020-E-10237 3

Counties: Russell, VA

05/06/2020 Event Code: 05E2VA00-2020-€-10237

Counties: Russell, VA

05/06/2020 Event Code: 05E2VA00-2020-E-10237 4

Endangered Species Act Species There is a total of 22 threatened, endangered, or candidate species on this species list.

Species on this list should be considered in an effects analysis for your project and could include species that exist in another geographic area. For example, certain fish may appear on the species list because a project could affect downstream species.

IPaC does not display listed species or critical habitats under the sole jurisdiction of NOAA Fisheries , as USFWS does not have the authority to speak on behalf of NOAA and the Department of Commerce.

See the “Critical habitats” section below for those critical habitats that lie wholly or partially within your project area under this office’s jurisdiction. Please contact the designated FWS office if you have questions.

NOAA Fisheries, also known as the National Marine Fisheries Service (NMFS), is an office of the National Oceanic and Atmospheric Administration within the Department of Commerce.

Mammals NAME STATUS

Gray Bat Myotis grisescens No critical habitat has been designated for this species. Species profile: https://ecos.fws.gov/ecp/species/6329

Endangered

Indiana Bat Myotis sodalis There is final critical habitat for this species. Your location is outside the critical habitat. Species profile: https://ecos.fws.gov/ecp/species/5949

Endangered

Northern Long-eared Bat Myotis septentrionalis No critical habitat has been designated for this species. Species profile: https://ecos.fws.gov/ecp/species/9045

Threatened

Fishes NAME STATUS

Yellowfin Madtom Noturus flavipinnis Population: Wherever found, except where listed as an experimental population There is final critical habitat for this species. Your location is outside the critical habitat. Species profile: https://ecos.fws.gov/ecp/species/8565

Threatened

https://www.fisheries.noaa.gov/ https://ecos.fws.gov/ecp/species/6329 https://ecos.fws.gov/ecp/species/5949 https://ecos.fws.gov/ecp/species/9045 https://ecos.fws.gov/ecp/species/8565 05/06/2020 Event Code: 052

Endangered Species Act Species

There is a total of 22 threatened, endangered, or candidate species on this species list.

IPaC does not display listed species or critical habitats under the sole jurisdiction of NOAA Fisheries!, as USFWS does not have the authority to speak on behalf of NOAA and the Department of Commerce.

See the “Critical habitats” section below for those critical habitats that lie wholly or partially within your project area under this office’s jurisdiction, Please contact the designated FWS office if you have questions.

NOAA Fisheries, also known as the National Marine Fisheries Service (NMFS), is an office of the National Oceanic and Atmospheric Administration within the Department of

Commerce. Mammals NAME STATUS Gray Bat Myotis grisescens Endangered No critical habitat has been designated for this species. Species profile: hupsi//ecos,fws,gov/ecpispecies/6329 Indiana Bat Myotis sodalis Endangered

‘There is final critical habitat for this species. Your location is outside the critical habitat Species profile: hutps:/lecos.fws.gov/ecp/species/5949

Northern Long-eared Bat Myotis septentrionalis Threatened No critical habitat has been designated for this species. Species profile: hups://ecos.fws.gov/ecp/species/9045

Fishes NAME STATUS Yellowfin Madtom Noturus flavipinnis Threatened

Population: Wherever found, except where listed as an experimental population ‘There is final critical habitat for this species. Your location is outside the critical habitat Species profile: hups:/lecos.fws.gov/ecp/species/8565

05/06/2020 Event Code: 05E2VA00-2020-E-10237 5

Clams NAME STATUS

Appalachian Monkeyface (pearlymussel) Quadrula sparsa No critical habitat has been designated for this species. Species profile: https://ecos.fws.gov/ecp/species/7154

Endangered

Birdwing Pearlymussel Lemiox rimosus Population: Wherever found; Except where listed as Experimental Populations No critical habitat has been designated for this species. Species profile: https://ecos.fws.gov/ecp/species/6636

Endangered

Cracking Pearlymussel Hemistena lata Population: Wherever found; Except where listed as Experimental Populations No critical habitat has been designated for this species. Species profile: https://ecos.fws.gov/ecp/species/4130

Endangered

Cumberland Bean (pearlymussel) Villosa trabalis Population: Wherever found; Except where listed as Experimental Populations No critical habitat has been designated for this species. Species profile: https://ecos.fws.gov/ecp/species/6061

Endangered

Cumberland Monkeyface (pearlymussel) Quadrula intermedia Population: Wherever found; Except where listed as Experimental Populations No critical habitat has been designated for this species. Species profile: https://ecos.fws.gov/ecp/species/6999

Endangered

Cumberlandian Combshell Epioblasma brevidens Population: Wherever found; Except where listed as Experimental Populations There is final critical habitat for this species. Your location is outside the critical habitat. Species profile: https://ecos.fws.gov/ecp/species/3119

Endangered

Finerayed Pigtoe Fusconaia cuneolus Population: Wherever found; Except where listed as Experimental Populations No critical habitat has been designated for this species. Species profile: https://ecos.fws.gov/ecp/species/3038

Endangered

Fluted Kidneyshell Ptychobranchus subtentum There is final critical habitat for this species. Your location is outside the critical habitat. Species profile: https://ecos.fws.gov/ecp/species/1397

Endangered

Littlewing Pearlymussel Pegias fabula No critical habitat has been designated for this species. Species profile: https://ecos.fws.gov/ecp/species/2572

Endangered

Oyster Mussel Epioblasma capsaeformis Population: Wherever found; Except where listed as Experimental Populations There is final critical habitat for this species. Your location is outside the critical habitat. Species profile: https://ecos.fws.gov/ecp/species/2099

Endangered

https://ecos.fws.gov/ecp/species/7154 https://ecos.fws.gov/ecp/species/6636 https://ecos.fws.gov/ecp/species/4130 https://ecos.fws.gov/ecp/species/6061 https://ecos.fws.gov/ecp/species/6999 https://ecos.fws.gov/ecp/species/3119 https://ecos.fws.gov/ecp/species/3038 https://ecos.fws.gov/ecp/species/1397 https://ecos.fws.gov/ecp/species/2572 https://ecos.fws.gov/ecp/species/2099 05/06/2020 Event Code: 0SE2VA\

2020-E-10237

Clams NAME

Appalachian Monkeyface (pearlymussel) Quadrula sparsa No critical habitat has been designated for this species. Species profile: htps://ecos.fws.gov/ecpispecies/7154

Cracking Pearlymussel Hemistena lata Population: Wherever found; Except where listed as Experimental Populations No critical habitat has been designated for this species.

Species profile: huipsi//ecos,fws,gov/ecp/species/4130

Cumberlandian Combshell Epioblasma brevidens Population: Wherever found; Except where listed as Experimental Populations ‘There is final critical habitat for this species. Your location is outside the critical habitat

Species profile: hitps:/ecos.fws.gav/ecpispecies/3119

Fluted Kidneyshell Ptychobranchus subtentum

‘There is final critical habitat for this species. Your location is outside the critical habitat,

Species profile: hupsi//ecos.fws.gov/ecp/species/1397,

Littlewing Pearlymussel Pegias fabula No critical habitat has been designated for this species. Species profile: hups://ecos.fws.gov/ecp/species/2572

Oyster Mussel Epioblasma capsaeformis Population: Wherever found; Except where listed as Experimental Populations ‘There is final critical habitat for this species. Your location is outside the critical habitat.

Species profile: hupsi//ecos.fws,gov/ecpispecies/2099

STATUS Endangered

Endangered

05/06/2020 Event Code: 05E2VA00-2020-E-10237 6

NAME STATUS

Purple Bean Villosa perpurpurea There is final critical habitat for this species. Your location is outside the critical habitat. Species profile: https://ecos.fws.gov/ecp/species/4125

Endangered

Rough Rabbitsfoot Quadrula cylindrica strigillata There is final critical habitat for this species. Your location is outside the critical habitat. Species profile: https://ecos.fws.gov/ecp/species/5629

Endangered

Sheepnose Mussel Plethobasus cyphyus No critical habitat has been designated for this species. Species profile: https://ecos.fws.gov/ecp/species/6903

Endangered

Shiny Pigtoe Fusconaia cor Population: Wherever found; Except where listed as Experimental Populations No critical habitat has been designated for this species. Species profile: https://ecos.fws.gov/ecp/species/2573

Endangered

Slabside Pearlymussel Pleuronaia dolabelloides There is final critical habitat for this species. Your location is outside the critical habitat. Species profile: https://ecos.fws.gov/ecp/species/1518

Endangered

Snuffbox Mussel Epioblasma triquetra No critical habitat has been designated for this species. Species profile: https://ecos.fws.gov/ecp/species/4135

Endangered

Spectaclecase (mussel) Cumberlandia monodonta No critical habitat has been designated for this species. Species profile: https://ecos.fws.gov/ecp/species/7867

Endangered

Tan Riffleshell Epioblasma florentina walkeri (=E. walkeri) No critical habitat has been designated for this species. Species profile: https://ecos.fws.gov/ecp/species/1247

Endangered

Critical habitats THERE ARE NO CRITICAL HABITATS WITHIN YOUR PROJECT AREA UNDER THIS OFFICE’S JURISDICTION.

https://ecos.fws.gov/ecp/species/4125 https://ecos.fws.gov/ecp/species/5629 https://ecos.fws.gov/ecp/species/6903 https://ecos.fws.gov/ecp/species/2573 https://ecos.fws.gov/ecp/species/1518 https://ecos.fws.gov/ecp/species/4135 https://ecos.fws.gov/ecp/species/7867 https://ecos.fws.gov/ecp/species/1247 05/06/2020 Event Code: 05E2VA00-2020-E-10237

NAME

Purple Bean Villosa perpurpurea ‘There is final critical habitat for this species. Your location is outside the critical habitat.

Species profile: htips://ecos.fws.gowecp/species/4125

Rough Rabbitsfoot Quadrula cylindrica strigillata ‘There is final critical habitat for this species. Your location is outside the critical habitat.

Species profile: hutps:/lecos.fws.gov/ecp/species/5629

Sheepnose Mussel Plethobasus cyphyus No critical habitat has been designated for this species.

Species profile: htips://ecos,fws,gov/ecp/species/6903

Shiny Pigtoe Fusconaia cor Population: Wherever found; Except where listed as Experimental Populations

No critical habitat has been designated for this species.

Species profile: hutps:/lecos.fws.gov/ecp/species/2573

Slabside Pearlymussel Pleuronaia dolabelloides ‘There is final critical habitat for this species. Your location is outside the critical habitat.

Species profile: htips://ecos,fws,gov/ecp/species/1518

Snuffbox Mussel Epioblasma triquetra No critical habitat has been designated for this species,

Species profile: htips://ecos.fws.gowecp/species/4135

Spectaclecase (mussel) Cumberlandia monodonta No critical habitat has been designated for this species.

Species profile: hutps://ecos.fws.gov/ecp/species/7867 Tan Riffleshell Epioblasma florentina walkeri (=E. walkeri)

No critical habitat has been designated for this species.

Species profile: htips://ecos,fws,gov/ecp/species/1247

Critical habitats

STATUS

Endangered

THERE ARE NO CRITICAL HABITATS WITHIN YOUR PROJECT AREA UNDER THIS OFFICE’S

JURISDICTION.

05/06/2020 Event Code: 05E2VA00-2020-E-10237 1

USFWS National Wildlife Refuge Lands And Fish Hatcheries Any activity proposed on lands managed by the National Wildlife Refuge system must undergo a ‘Compatibility Determination’ conducted by the Refuge. Please contact the individual Refuges to discuss any questions or concerns.

THERE ARE NO REFUGE LANDS OR FISH HATCHERIES WITHIN YOUR PROJECT AREA.

http://www.fws.gov/refuges/ 05/06/2020 Event Code: 0:

USFWS National Wildlife Refuge Lands And Fish

Hatcheries

Any activity proposed on lands managed by the National Wildlife Refuge system must undergo a ‘Compatibility Determination’ conducted by the Refuge. Please contact the individual Refuges to

discuss any questions or concerns.

VITHIN YOUR PROJECT AREA

THERE ARE NO REFUGE LANDS OR FISH HATCHERIES

Species Conclusions Table

Name: 00678-083-23806022, Consultation Code: 05E2VA00-2020-SLI-3630

Date: June 5, 2020

Species / Resource Name Conclusion ESA Section 7 / Eagle Act Determination Notes / Documentation

Gray bat - Myotis grisescens Suitable habitat present, species not

present

Not likely to adversely affect With rare exceptions, lives in caves year-round. In winter hibernates in deep vertical caves

& in summer roost in caves scattered along rivers. All E & S requirements will be

observed. No caves will be directly impacted by the project. This project is not

located within a half mile of any known gray bat use cave buffers. A bridge

assessment was performed on 3/27/2019. No indicators of bat usage were observed.

Indiana bat - Myotis sodalis Suitable habitat present, species not

present

Not likely to adversely affect Uses cave/ occasionally abandoned mine hibernacula. Summer habitat is wooded areas,

usually roost under loose tree bark on dead or dying trees. No tree removal is necessary

to complete this project. There are no known hibernacula located within 5 miles of

the project. A bridge assessment was performed on 3/27/2019. No indicators of bat

usage were observed.

Northern long-eared bat - Myotis septentrionalis Suitable habitat present, species not

present

Not likely to adversely affect Hibernates in caves and mines with large openings and spaces with high humidity and no

air movement. Can be found in cracks and crevices with only its nose and ears exposed.

Roosts under bark and in cracks and cavities of live and dead trees. Has been known to

roost in barns and sheds. No tree removal is necessary to complete this project. There

are no known hibernacula located within 5 miles of the project. A bridge assessment

was performed on 3/27/2019. No indicators of bat usage were observed.

Yellowfin madtom - Noturus flavipinnis Species (listed/proposed) present Not likely to adversely affect Occurs in unpolluted medium-sized to large creeks to small rivers with moderate to gentle

gradient. This project is located on Moll Creek and is approximately 34.5 meters from

the confluence with Copper Creek, where this species is known to occur. Moll Creek

is approximately 20-25 feet wide at the project location. See attached photos for

reference. Due to the close proximity to Copper Creek, an instream TOYR restriction

for work will be assumed from April 1 - August 31 of any year. All instream work will

be completed in the dry behind non-erodible cofferdams. The cofferdams will be

cleared of fish and mussels prior to dewatering by approved surveyors, as required

by USFWS and DGIF. Any water within the work area will be pumped and filtered

prior to discharge. All applicable E&S control requirements will be observed.

‘Species Conclusions Table

"Name 00678-083-23806022, Consitaton Code 5 2VAD0-2020-SL-3690 Date: June 5, 2020 [species Resource Name (concusion

‘Gray at - Myotis gcoscons| present

] Sublet presont specs not]

[ESA Section 7 Eagle Act Determination Nat aly tater aft

Notes Documentation Wah are excopons,vesin caves yar-seund. a war ibemales dea vrcal caves I insunmes oot in caves scattered log rivers. IIE & § requirements ill be [observed No caves willbe direct impacted by the project. This project is not cated within aha mile of any known gray bat use cave butlers. ridge lseeesment was prformed on 1272019, No indicators of bat usage war observed

Tela bal yos sodas ‘se halal pase, spaces ve

resent

Tata wade ae

Uses cave’ ocasnaly abandoned rine Rowan Sunmar Fabia s wooded eas, sal roost under ios toe bark on dado yng tes. Notre removal Is necessary to complete this project Thee ae no known iberacula located within Smiles of| the pret A ridge assessment was performed on 3272018, No indcators of bat sage were observed

Tren ong-eareibat- Wye sparen | Suite Fala presen, pecs rer

present

Tama waders wee

Fibersis ir caves and mies wile openings and spaces wih igh Turi and leavers. Can be ound in cracks and cee with ny is rae an ears xpos Roost under bark ad in cracks and caves oe ard dead wes. Has been aun o [cost bas and shes, Notre removals necessary to complet this project. There aren known hiberacul located within Smiles of the project. A bridge assessment (was performed on 92772018, Noinators of at usage wore observed.

"atovin madam Nts Yaveinne Spaces (seropsed)ereseré

Tama wade wee

[Sccasinunpaied nedun sede lage cea smal vers wih modes gota aston. This project located on Ml Creek ands approximately 34.5 meters rom Ine contuence with Copper Creek, where this species skrown to occur. Mall Grek approximately 20.25 fet wide atthe project locaton, See attached photos for reference. Dust the close proximity to Copper Creek, an instream TOYR restriction {or work wil be assumed from Api 1» August 3 of any year. Al insteam werk wil le completed inthe dry behind non-erodbecoferdams. The cofferdams willbe cleared of sh and mussels pir to dewatering by approved surveyors, required lb USFWS and DGIF. Any water within the work re willbe pumped and fired prior to discharge. Al aplicable E&S contol requirements willbe obseve.

Appalachian monkeyface - Quadrula sparsa Potential habitat present and no current

survey conducted

Not likely to adversely affect Occurs in shallow fast-water riffles and runs, resides in stable, silt-free areas with substrata

of mixed sized ranging from sand to cobble. This project is located on Moll Creek and is

approximately 34.5 meters from the confluence with Copper Creek, where this

species has been known to occur. Moll Creek is approximately 20-25 feet wide at the

project location. See attached photos for reference. Due to the close proximity to

Copper Creek, an instream TOYR restriction for work will be assumed for the

protection of the state listed slippershell mussel (Alasmidonta viridis ) from April 15 -

June 15 and August 15 - September 30 of any year. This will also afford protection to

any federally listed mussels that may occur downstream. All instream work will be

completed in the dry behind non-erodible cofferdams. The cofferdams will be cleared

of fish and mussels prior to dewatering by approved surveyors, as required by

USFWS and DGIF. Any water within the work area will be pumped and filtered prior to

discharge. All applicable E&S control requirements will be observed.

Birdwing pearlymussel - Lemiox rimosus Potential habitat present and no current

survey conducted

Not likely to adversely affect Riffle-dwelling usually occurs in moderate to fast-flowing water of shallow to moderate

depth (2.0m). Resides in stable, silt-free substrata of mixed particle sizes ranging from

sand to cobble. This project is located on Moll Creek and is approximately 34.5

meters from the confluence with Copper Creek, where this species has been known

to occur. Moll Creek is approximately 20-25 feet wide at the project location. See

attached photos for reference. Due to the close proximity to Copper Creek, an

instream TOYR restriction for work will be assumed for the protection of the state

listed slippershell mussel (Alasmidonta viridis) from April 15 - June 15 and August 15

September 30 of any year. This will also afford protection to any federally listed

mussels that may occur downstream. All instream work will be completed in the dry

behind non-erodible cofferdams. The cofferdams will be cleared of fish and mussels

prior to dewatering by approved surveyors, as required by USFWS and DGIF. Any

water within the work area will be pumped and filtered prior to discharge. All

applicable E&S control requirements will be observed.

Crackling pearlymussel - Hemistena lata Potential habitat present and no current

survey conducted

Not likely to adversely affect Occurs at fords & shoals with sand & gravel substrata and moderate current velocities.

This project is located on Moll Creek and is approximately 34.5 meters from the

confluence with Copper Creek, where this species has been known to occur. Moll

Creek is approximately 20-25 feet wide at the project location. See attached photos

for reference. Due to the close proximity to Copper Creek, an instream TOYR

restriction for work will be assumed for the protection of the state listed slippershell

mussel (Alasmidonta viridis) from April 15 - June 15 and August 15 - September 30 of

any year. This will also afford protection to any federally listed mussels that may

occur downstream. All instream work will be completed in the dry behind non-

erodible cofferdams. The cofferdams will be cleared of fish and mussels prior to

dewatering by approved surveyors, as required by USFWS and DGIF. Any water

within the work area will be pumped and filtered prior to discharge. All applicable

E&S control requirements will be observed.

Tepaaciainotayon- Ont ae

otal haba asa and bo Gent survey conducted

Taal adie wee

[Occar naa estar os ad ars reales heal ac ea aaa wih aaa tmx sz ranging fom sae cota. This projects ecated on Wl Creek ands ‘approximately 34 meters from the confluence with Copper Crek, wher thie species hasbeen known to occur all rec s approximately 20-25 feet wide a the [rject location. Se atachod photos fr reference. Due tothe clos proximity to (Copper Creek, an instream TOYR retin for wok wil be assumed forthe [rtection ofthe tt listed slippershell mussel (Alasmidonta vir) from Apt 15 Lune 5 and August 15- September 30 of any yea. This wil lo afford protection to any federal listed mussels that may occur downsteam. Allinteam werk wil be [completed in the dry behind non-erolbecoferdams. The cofferdams willbe cleared lottish and mussels roe to dewatering by approved surveyors, a required by USFWS and DG, Any wate within the work are wil be pumped and tered pir to (discharge, Al applicable ERS contol requirements willbe observed.

Bian perusal -Lenion was

oral baba eset and no ent survey conducted

Nara waders ae

File ntng usualy ooo amare Tat omg water Salon Yo moderate (ep (20m). Rese in stable, it roe eubetata of mses parle ies rng om santo oboe. This projects located on Moll reek ans approximately 34.5 meters fromthe confuence with Copper rook, where his species hasbeen known to occur Moll Creek is approximately 20-25 fet wide atthe projet location. See tached photos for reference. Due othe close proximity to Copper Crack, an inseam TOYRretesion for work wl be assumed fr the protection ofthe state listed sippersell mussel Alasmidnta vis rm Apri 15-une 15 and August 15

September 30 of any yea. This wl also aod protection to any federally sted mussels that may occur downetream.Allnsream work willbe completed inthe ry behind noneroiblecofterdams. The cotferdams willbe cleared of fsh and mussels [prior to dewatering by approved surveyors, as required by USFWS and DGF. Any wate within the work are wl be purped and ftered pir to discharge, Al applicable ERS contol requirements willbe observed.

racking perianal Rania aa

otal habia preset ano rent survey conducted

Tah waders ae

[Seca a rs & shoals wih sad roel substan and madera cure vas. his projects located on Mol Crook ands approximately 345 meters rom the Ionfuene wth Copper Creek, where this species has been known o occu. Moll [crooks approximatly 20-25 fot wide a the project location, Se attached photos {or reference. Due tothe close proximity to Copper Crek, an instream TOYR restriction fr work willbe assumed forth protection of tho sao listdsipershll mussel (Alasmidonta iil) from Apri 18-June 15 and August 15 September 30 f| any yer. This wil alo afford protection to any federal listed mussls that may lccur downstream. Allinstream work wil be completed in the dry bend non- lerdiblecofferdams. The coffrdams wil be cleared of ieh and mussels prior to (dewatering by approved surveyors, as required by USFWS and DGIF- Any water within the wor re willbe pumped an fitre prior to eischare. Al applicable IE&S conto requirement wil be observed

Cumberland bean - Villosa trabalis Potential habitat present and no current

survey conducted

Not likely to adversely affect Inhabits small rivers & streams in fast riffles with gravel or sand & gravel substrate. This

project is located on Moll Creek and is approximately 34.5 meters from the