TC 09-25-17 Meeting AgendaCOUNTY of FREDERICK
Department of Planning and Development
540/ 665-5651
Fax: 540/ 665-6395
107 North Kent Street, Suite 202 • Winchester, Virginia 22601-5000
TO: Frederick County Transportation Committee
FROM: John A. Bishop, AICP, Assistant Director - Transportation
RE: September 25, 2017 Transportation Committee Meeting
DATE: September 21, 2017
The Frederick County Transportation Committee will be meeting at 8:30 a.m. on
Monday, September 25, 2017 in the first floor conference room of the Frederick
County Administration Building, 107 North Kent Street, Winchester, Virginia.
AGENDA
1. Kernstown Limited Access Break
a. Request for Support
b. Request for Revenue Sharing
2. SmartScale Program Update
3. VACO Transportation Legislative Priorities
4. Transportation Partnership Opportunity Fund – Agreement Execution
5. Transportation Partnership Opportunity Fund – Application
6. Request for 4 way Stop at the Intersection of Dragonfly Way and Eleven Moons
Place
7. Fall Transportation Forum Discussion
8. VTRANS 2040
9. Valley Mill Road Revenue Sharing Fund Transfer
10. County Project Updates
11. Upcoming Agenda Items
12. Other
MEMORANDUM
-2-
Please contact our department if you are unable to attend this meeting.
Attachments
JAB/dw
Item 1: Kernstown Limited Access Break
Attachments are applicable to both portions of this item.
A: Request for Limited Access Break
The owner of the subject property, which is located on the northeast quadrant of the Interchange
between Route 37 and Route 11 in Kernstown, is seeking a break in the VDOT limited access
line immediately across from the interchange ramps. A traffic impact analysis has been
completed and determined that, given the parameters of the study, the break would offer positive
benefits to the transportation network, as long as the prescribed improvements are put in place.
Those improvements include improvement of the existing signal to add a 4th leg of the
intersection, additional capacity on the ramp, and additional capacity on Route 11 as outlined in
the attachments. Limited access breaks are granted by the Commonwealth Transportation Board
dependent upon recommendations of VDOT, agreements developed between VDOT and the
applicant, and concurrence from the locality. Staff is seeking a recommendation to the Board of
Supervisors.
B: Request for Revenue Sharing
Included in the above request is a request from the Applicant for the County to apply for
Revenue Sharing on their behalf. The draft revenue sharing agreement is being reviewed by the
County Attorney, but that review is not yet complete. Additionally, the draft agreement notes
amounts, however, staff would seek for the cost estimate to be provided by VDOT, due to the
fact that this would be a VDOT managed project. Staff is seeking a recommendation to the
Board of Supervisors on whether to apply for revenue sharing funds on behalf of the Applicant
pending the completion of a VDOT cost estimate and completion of the revenue sharing
agreement.
Item 2: SmartScale Program Update
Attached, please find the most recent VDOT recommendations for update to the SmartScale
application process. This item was presented to the CTB at their workshop on September 19th.
For review and discussion.
1
SMART SCALE Updates
Nick Donohue
Deputy Secretary of Transportation
September 19, 2017
222
Updates
• Recap of proposed Round 3 changes
• Follow-up items from June meeting
– Economic Development Measure
▪ Cap on Square Footage
▪ Distressed Communities
– Congestion Measures
▪ Current day demand versus forecasted demand 10 years in future
▪ Scaling Throughput
• Summary of Feedback Received
333
Proposed Changes to Process
Recap
3
Biennial Schedule
• Begin application
intake March 1st
2018
• June 1
st deadline
for creation of an
application
• August 1
st
submission deadlinesubmission deadline
444
Application Limits
• Establish 2 tiers based on population
Tier Localities MPOs/PDCs/Transit
Agencies
Maximum Number of
Applications
1 Less than 200K Less than 500K
4
2
Greater than
200K Greater than 500K 8
Proposed Changes to Policy
Recap
555
Project Readiness
•Formalize and strengthen policy on required level of project planning
•New interchange on limited access facility
• IJR with preferred alternative
•Grade separation of at-grade intersection
• At-grade improvement options have been assessed
•New signal
• Signal warrants have been met and signal justified
•Major widening
• Corridor optimization and alternatives to new lanes have been
evaluated
•Demonstrate that a project has public support, requiring resolution of
support from governing body and in MPO areas a resolution of support from
the regional entity
Proposed Changes to Policy
Recap
666
Project Eligibility
• Clarify the ineligibility of maintenance and State of Good
Repair (SGR) projects
• If project scope is mostly the repair or replacement of existing
assets then it is not eligible for SMART SCALE Examples
include:
•Signal system replacement (mast arms, signal heads)
•Bridge replacement with wider lane widths and/or ped
accommodations
Proposed Changes to Policy
Recap
777
•Full Funding Policy
• Program not intended to replace committed local/regional funding
sources, proffers, and/or other committed state/federal funding sources
• If $ request is to add components to existing fully funded project then
requested components will be analyzed independently
•Relationship of Major Project Elements
• Add guidance that project elements must be associated (contiguous or
same improvement type)
Proposed Changes to Policy
Recap
888
Proposed Changes to Measures
Recap
Congestion
▪Person throughput – scale based on length
Safety
▪ Remove DUI crashes and use blended rate for fatal and severe
injury crashes
Accessibility – A.1 and A.2 - Access to Jobs
▪ Eliminate the 45 and 60 minute cap for auto and transit job
access respectively
Land Use
▪ More specific definitions of mixed-use development
▪ New methodology - Accessibility to key non-work destinations
such as grocery, healthcare, education, etc.
Accessibility – A.1 and A.2 - Access to Jobs
999
Proposed Changes to Measures
Update
Congestion - Person Throughput – scale based on length
• SMART SCALE team has been working on various methods to
better scale throughput based on the size of the project
• Challenges remain and center around the different approaches to
calculating throughput - modeled vs non-modeled projects
• Additional time, research and development is needed
Moving Forward
• Team will continue to work on items to address between now and
October meeting
101010
Proposed Changes to Measures
Update
Congestion - Current Day Demand vs. Forecasted Demand
•Pros
– Would focus on areas that are a problem today - as opposed to
something that may be problem in the future
– Eliminates projections and forecasting, simplifies congestion
analysis
•Cons
– Accounting for committed projects in SYIP for modeled
improvement - non-standard methodology
– High growth areas would not be reflected in analysis and limits
ability to pro-actively address problems
111111
Proposed Changes to Measures
Recap
Economic Development - ED.1 - Site Development
• Remove 0.5 points for consistent with local and regional plans - project
specifically referenced in local comp plan or regional economic development
strategy = 0.5 points
•Project in areas with economic needs get up to 0.5 points
• Zoned properties must get primary/direct access from project
• Conceptual (0.5, 1) vs detailed site plans (2, 4 points) – points based on
whether submitted or approved
• Reduce buffer to max of 3 miles
•Considering establishment of maximum square footage based on
project type and based on current level of development - cannot
exceed x% of total current square footage in jurisdiction(s)
Economic Development - ED.2 - Intermodal Access
• Scale freight tonnage-based measure by the length of the improvement
121212
Proposed Changes to Measures
Update
Economic Development - ED.1 - Site Development
• Project in areas with greater economic needs get up to 0.5 points
Recommendation:
• Utilize data from Economic Innovation Group, data is zip code based
• Values ranges from 100 to 0, with 100 being the most distressed
• Propose calculating points by multiply distress value (as a percentage) by
0.5 points
131313
Proposed Changes to Measures
Update
Economic Development - ED.1 - Site Development
• Considering establishment of maximum square footage based on project
type and based on current level of development - cannot exceed x% of total
current square footage in jurisdiction(s)
•Research and feedback have demonstrated this may not be the
best approach
Recommendation Approach
• Establish statewide limit on amount of square footage, additional
documentation required for anything above that amount
–Conducted review of outliers from previous two rounds
–10,000,000 square foot cap appears reasonable, addresses main outliers,
and limit impacts
141414
Input Received
Draft Technical Guide made publicly available on August 20, 2017
Application Limits
• Concerns raised on whether the two tier approach provides
advantage/disadvantage to populated areas
• Concerns that limit could encourage applicants to submit maximum
• Effect of limits to smaller unincorporated towns - county unwilling to sponsor
Project Eligibility
• Concerns with proposal that proffered improvements not be eligible
Project Readiness
• Requested documentation (IJR, signal warrants, major widening) could be
dated by the time funding is available - clarify level of documentation
• Suggestion for templates to document project readiness and alternative
evaluation
151515
Input Received
Measures/Methods
•Congestion
– Include weekend analysis
– Include current year in congestion analysis
• Safety
– Points for preventative treatments
• Accessibility
– Support and Opposition to removing 45/60 minute caps on access to jobs
•Economic Development
– Increase buffer area for larger capacity projects
– Higher weighting for Intermodal Access and Travel Time Reliability when
competing for High Priority Program
– Clarify definition of “primary access” for zoned only properties
•Land Use
– Larger buffer for larger projects
– More information on ‘non-work’ accessibility measure
161616
Schedule and Next Steps
September – October - Fall Transportation Meetings
• Training and Outreach on proposed changes
• Receive public comment on proposed changes
October 20, 2017 - Deadline to submit comments on Draft
SMART SCALE Technical Guide
October CTB Meeting
• Adopt Revised CTB Policy and Policy/Technical Guides
Item 3: VACO Legislative Priorities
At the August 28, 2017 Transportation Committee meeting, Staff reviewed the attached VACO
Transportation Subcommittee legislative priorities with the Committee. No further comments
have been received from committee members to date. Staff is seeking whether the Committee
has any feedback on the legislative priorities.
Item 4: Transportation Partnership Opportunity Fund – Agreement
Execution
Attached please find the draft agreement for the Transportation Partnership Opportunity fund
award that was granted to the County for use on the Renaissance Drive Project. The award
amount is $2,000,000.00. Staff is prepared to review the agreement with the Committee and is
seeking a recommendation to the Board of Supervisors regarding final execution of the
agreement.
TRANSPORTATION PARTNERSHIP OPPORTUNITY FUND
DRAFT AWARD AGREEMENT
This Award Agreement (this “Agreement”) is made and entered into as of May
XX, 2017, by and among the Virginia Department of Transportation (“VDOT” or the
“Department”), an agency of the Commonwealth of Virginia (the “Commonwealth”) and
the County of Frederick, Virginia (the “Recipient” or the “County”).
Explanatory Statement
A. The Transportation Partnership Opportunity Fund (“TPOF” or the “Fund”) was
created under Section §33.2-1529.1 of the Code of Virginia (the “Code”) to provide
funds to address transportation aspects of economic development opportunities.
B. The Governor is authorized to award assistance from the Fund in various forms
to an agency or political subdivision of the Commonwealth.
C. The Recipient is a duly created and validly existing political subdivision of the
Commonwealth and is eligible to receive financial assistance from the Fund.
D. The Recipient submitted an application requesting one million, nine hundred,
ninety-five thousand, six hundred eighty-two dollars ($1,995,682.00) in the form of a
grant from the Fund to assist in the Renaissance Drive Extension project as defined in
Exhibit A (the “Project Description” or the “Project”). The Project facilitates an
economic development opportunity for the Commonwealth, thereby meeting the
Transportation Evaluation Criteria established for the Fund, and will be administered by
the Recipient. The projected costs of the Project are identified in Exhibit B (the “Project
Budget and Sources of Funds”) to this Agreement.
E. The TPOF Advisory Panel (the “Panel”) has evaluated the application and has
found that it meets the requirements of the Code and the Transportation Evaluation
Criteria established in the Fund’s Guidelines and Criteria, dated January 2016. The Panel
recommended on October 27, 2016 to the Secretary of Transportation and the Secretary
of Commerce and Trade, an award by the Governor of a one million, nine hundred,
ninety-five thousand, six hundred eighty-two dollars ($1,995,682.00) grant, subject to
certain conditions.
F. On March 1, 2017 the Governor approved the award of the one million, nine
hundred, ninety-five thousand, six hundred eighty-two dollars ($1,995,682.00) grant
(the “Grant”) to the Recipient. A copy of the Decision Brief signed by the Governor is
provided as Exhibit C.
G. Sufficient monies exist in the Fund to consider the recipient’s request for
financial assistance.
Commented [UM1]: Changed from 33.2-1529.11 to 33.2-1529.1
NOW, THEREFORE, in consideration of the foregoing and other good and valuable
consideration, the receipt and sufficiency of which are acknowledged by the parties, the
parties agree as follows:
1. Purpose of Agreement. The purpose of this Agreement is to provide for the terms
and conditions required for making the grant, the disbursement and application or use of
the proceeds of the Grant and other matters related thereto.
2. Disbursement Authorization and Application and Use of TPOF Grant Proceeds.
(a) Requisition. In order to requisition disbursement of the Grant proceeds, the
Recipient shall submit to VDOT, a completed requisition for disbursement of the Grant
proceeds signed by an authorized representative of the Recipient. The requisition will
contain all information called for by, and otherwise be substantially in the form of
Exhibit D (the “Requisition For Disbursement”) to this Agreement.
(b) Disbursement. Disbursement of the grant proceeds will begin after all other
monies awarded to the locality for this project are exhausted and will be on a
reimbursable basis, with a frequency of no more than one (1) requisition for
disbursement per month.
(c) Application and Use of Grant Proceeds. The Grant proceeds shall be used for
the sole purpose of funding the cost and expenses of the activities and tasks undertaken
by the Recipient in the development and procurement of the Project as generally
summarized in the Project Budget and described in more detail in the Recipient’s TPOF
application (the “Work” or “Work Product”). Project expenditures, will be composed of
but not limited to right-of-way acquisition, professional and inspection services,
construction contractor payments and a contingency. The Grant will be limited to one
million, nine hundred, ninety-five thousand, six hundred eighty-two dollars
($1,995,682.00) and along with the other identified monies, is expected to be adequate to
fully fund the tasks identified in the Project Budget. Any Project cost exceeding the
amount of the Grant shall be paid for by the Recipient using its own monies.
(d) Performance Date. Means March 1, 2020. If the Recipient, in cooperation with
VDOT, deems that full faith and reasonable efforts have been made and are being made
by the Recipient to achieve the Targets, VDOT may extend the Performance Date by Six
(6) Months. If the Performance date is extended, this new Performance Date will for the
purpose of this agreement will be the Performance Date.
The performance date shall only be extended twice during the life of the project.
(e) Targets. The Recipient agrees that the capital investment will be $30,000,000
and the number of jobs created/retained will be 55. These amounts will be achieved on
or prior to the Performance date and shall be maintained for a total of thirty-six (36)
months after the Performance Date.
The average annual wage of new jobs will be $50,000.
The capital investment is limited to the capital investment specific for this grant.
(f) Reporting Period. The reporting period is from the date of this Agreement to
thirty-six (36) months after the Performance Date.
3. Project Schedule.
Every good faith effort shall be made by the Recipient to cause the completion of
components of the Work no later July 31, 2019.
4. Reports and Records.
(a) Maintenance Requirements. Full and detailed accounts and records shall be
maintained, as appropriate, by the Recipient for the Project and the Grant and such
controls shall be exercised as may be necessary for proper financial management, using
accounting and control systems in accordance with generally accepted accounting
principles and standards, so as to provide complete records to fully support the use of the
Grant proceeds to pay any cost and/or expense charged to the Work. During the
performance of the Work, access shall be afforded by the parties to each other and their
representatives and agents to the records, books, correspondence, receipts, subcontracts,
purchase orders, vouchers, memoranda and other data, including but not limited to
electronic schedules and other electronic data (all collectively referred to as the “Books
and Records”) relating to the Work. Such Books and Records shall be maintained at the
[Insert: Recipient’s address]
(b) Periodic Reports. On April 1 and October 1 of each year until the End of the
Reporting Period, the Recipient shall provide to VDOT’s Chief Financial Officer a
summary outlining the use of the TPOF monies and the status of the Project. This report
should also provide an update on all progress made in order to achieve the projects
investment and employment targets. In addition, the Recipient shall promptly notify
VDOT of any material events that could affect the Recipient’s ability to meets its
financial obligations toward the Project.
5. Extension in the Performance Date If the Recipient has not achieved at least 90%
of its new jobs and capital investment targets by the Performance Date set forth in this
agreement, an extension may be granted, as long as the Recipient can provide sufficient
evidence to VDOT that a full faith effort is underway in achieving its Targets. Generally,
an extension will be granted only in circumstances under which it is reasonable to believe
that the Recipient is likely to make significant progress toward meeting its performance
targets by the extension date.
6. Failure of Compliance: If Targets criteria are not met, the Recipient will be
issued a Notice of Failure and will be held responsible for any repayments as calculated
by VDOT. The recipient will have a period of Thirty (30) days to respond to a failure and
repayment notice, after which time the Recipient will be required and responsible for
returning the grant monies to the Commonwealth within ninety (90) days of the Notice of
Failure.
7. Repayment Obligation. Repayment obligations will be assessed based on an equal
weighting of the targets. In the event that the project covers Jobs and Investment, e ach
Target is weighted at 50% and the repayment obligation will be based on the combined
level of failure of the Targets. For projects that only have a single Target, this target will
be the only calculation for repayment obligation.
The formula for calculating the failure for Job Targets
Target Jobs less Actual Jobs
Target Jobs
The formula for calculating the failure in Capital Investment Targets
Target Capital Investment less Actual Capital Investment
Target Capital Investment
A 100% claw back may be required if at any time VDOT concludes that the Recipient
will be unable to meet its new jobs and capital investment targets by the Performance
Date OR a failure of reaching Targets is equal or greater than 75% of the combined target
failures.
8. Representations. The Recipient further represents, covenants and agrees as
follows:
(a) The Recipient has full right, power and authority to execute and deliver this
Agreement, to perform its obligations under the Agreement and to carry out the tasks
associated with the Work and the Project.
(b) Any of the transportation improvements completed with TPOF funds shall be
accomplished using applicable industry standards and specifications.
(c) To the best of the Recipient’s knowledge, there are no pending or threatened
suits or actions of any nature that may have an adverse effect on the Recipient’s condition
(financial or otherwise) or its ability to perform under the Agreement and there has been
no material adverse change in the financial condition of the Recipient as indicated in the
information furnished to VDOT.
(d) The Recipient shall be responsible for all activities necessary to complete the
Project and shall coordinate with Department staff for all reviews, approvals and
necessary oversight as required.
9. Public Property. The Work Product shall not become private property, but shall
become or remain public property following completion.
10. Amendment. The provisions of this Agreement may be amended, modified or
waived only by written instrument executed by both parties.
11. Applicable Law. This Agreement shall be governed by and construed under the
laws of the Commonwealth of Virginia.
12. Permits. The Recipient shall obtain all necessary permits for all Work associated
with the Project.
13. Notices. All notices, approvals, consents, requests and other communications
under this Agreement shall be in writing and shall be deemed to have been given when
delivered in person, or when sent by Federal Express or a comparable express courier
service, or when mailed by registered or certified mail, postage prepaid, addressed to the
parties at the following addresses or such other addresses as a party may designate by
prior written notice to the other:
(a) if to VDOT:
Virginia Department of Transportation
1401 East Broad Street
Richmond, Virginia 23219
Attn: Chief Financial Officer
with a copy to:
Virginia Department of Transportation
1401 East Broad Street
Richmond, Virginia 23219
Attn: Director, Financial Planning Division
and
Office of the Attorney General
900 East Main Street
Richmond, Virginia 23219
Attn: Senior Assistant Attorney General, Chief - Transportation Section
(b) if to the Recipient:
14. Entire Agreement. This Agreement, together with the Exhibits, constitutes the
entire agreement of the parties with respect to its subject matter and supersedes all prior
or contemporaneous, oral or written agreements or understanding with respect to such
subject matter.
15. Counterparts. This Agreement may be executed in counterparts, each of which
shall be deemed to be an original, but of which together shall constitute one and the same
agreement.
IN WITNESS WHEREOF, the parties, intending to be legally bound, have
executed this Agreement on the date first written above.
VIRGINIA DEPARTMENT OF TRANSPORTATION
By: ________________________________________
Name: Charles A. Kilpatrick, P.E.
Title: Commissioner of Highways
Recipient
By: _________________________________________
Name:
Title:
EXHIBIT A
PROJECT DESCRIPTION
Renaissance Drive Extension - American Woodmark Relocation
The TPOF funds will be used to assist in providing key network connectivity including a
rail bridge crossing between Route 11 and Shady Elm Drive in support of the American
Woodmark relocation. The infrastructure improvements will consist of constructing three
lanes from the existing intersection of Renaissance Drive and Prosperity Drive. It will
proceed to the west across CSX railroad which is planned to be a bridge crossing. After
the crossing, the road will taper to a two lane rural cross section and conclude with an
intersection at Shady Elm Drive (Route 651).The project is identified in the County
Comprehensive Plan, MPO Long Range Plan and services existing and emerging activit y
centers identified in the VTRANS 2040 needs analysis.
Formatted: Font: Bold
Formatted: Centered
Formatted: Font: Bold
EXHIBIT B
PROJECT BUDGET
AND SOURCES OF FUNDS
Renaissance Drive Extension – American Woodmark Relocation
TPOF Project Budget
Task Estimated Cost
Road and Bridge Design $825,000
Bidding, Utilities, CSX Cost 425,000
Construction (10% contingency included) 4,015,000
Total $5,265,000
Sources of Funds
Source Amount
Revenue Sharing $1,634,659
Local Match 1,634,659
Transportation Partnership Opportunity Fund 1,995,682
Total $5,265,000
Formatted: Font: Bold
EXHIBIT C
EXECUTED DECISION BRIEF
EXHIBIT D
REQUISITION FOR DISBURSEMENT
[ON RECIPIENT LETTERHEAD]
[Date]
Mrs. Laura A. Farmer, Director
Financial Planning Division
Virginia Department of Transportation
1401 East Broad Street
Old Highway Building – 4th Floor
Richmond, Virginia 23219
Re: Transportation Partnership Opportunity Fund
Dear Mrs. Farmer:
This requisition, Number ____, is submitted in connection with the Grant Agreement
dated as of ________(the “Agreement”), between the Virginia Department of
Transportation and __________________________________________ (the
“Recipient”).
The undersigned authorized representative of the Recipient hereby requests disbursement
of proceeds under the Agreement in the amount of $______________, for the purposes of
payment of project costs as set forth in Schedule 1 attached hereto.
Attached hereto are the invoices relating to the items for which payment is requested and
that have been approved by the Recipient.
The undersigned certifies that i) the amounts requested by the requisition will be applied
solely and exclusively to the payment, or to the reimbursement of the Recipient for the
payment of project costs, and ii) any materials, supplies or equipment covered by this
requisition are not subject to any lien or security interest or such lien or security interest
will be released upon payment of the requisition.
This requisition includes an accompanying Certificate of the Project Manager/Project
Engineer as to the performance of work.
Sincerely,
Recipient’s Authorized Representative
Title
Attachments
SCHEDULE 1
TRANSPORTATION PARTNERSHIP OPPORTUNITY FUND
FORM TO ACCOMPANY REQUEST FOR DISBURSEMENT
REQUISITION NUMBER: _______
RECIPIENT:
PROJECT NAME:
CERTIFYING SIGNATURE: __________________________________
TITLE: _____________________________
Cost Category Amount Budgeted
Previous
Disbursements
Expenditures
This Period Total Expenditures To Date
Net Balance
Available
TOTALS
Total Amount of Assistance
Previous Disbursements
Balance
This Request
Proceeds Remaining
TRANSPORTATION PARTNERSHIP OPPORTUNITY FUND
CERTIFICATE OF THE PROJECT MANAGER/PROJECT ENGINEER
FORM TO ACCOMPANY REQUEST FOR DISBURSEMENT
This Certificate is being executed and delivered in connection with Requisition Number
__, dated _______________, 20__, submitted by the
______________________________________________ (the “Recipient”), pursuant to
the Grant Agreement dated _________, between the Virginia Department of
Transportation and the Recipient.
The undersigned consulting engineer for the Recipient hereby certifies that, insofar as the
amounts covered by this requisition include payments for labor or to contractors, builders
or materialmen, i) such work was actually performed or such materials, supplies and/or
equipment were actually furnished to or installed in the construction portion of the
Transportation Partnership Opportunity Fund project and ii) expenditures for such work
have not been submitted as a part of a previous requisition.
_____________________________________
[Project Manager/Project Engineer Firm]
By: _____________________________________
Date: _______________________, 20____
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Parcels
Future Rt 37 Bypass
Eastern Road Plan
New Major Arterial
Improved Major Arterial
New Minor Arterial
Improved Minor Arterial
New Major Collector
Improved Major Collector
New Minor Collector
Improved Minor Collector
Ramp
Roundabout
IMap Produced by Frederick County Planning and Development Dept.
May 26, 2016
Exhibit A
0 0.15 0.30.075 Miles
APPLE VALLEY RD
§¨¦81
§¨¦81
§¨¦81
§¨¦81
0137
American Woodmark
Item 5: Transportation Partnership Opportunity Fund - Application
VDOT and staff have been working closely with Navy Federal Credit Union regarding desired
upgrades to the intersection of Route 50 and Independence Drive. Upon an inquiry by Navy
Federal Credit Union (NFCU) the Governor’s office has advised NFCU to coordinate with the
County on a TPOF application. To date, multiple coordination meetings have been held and a
traffic impact analysis (TIA) has been completed which VDOT is reviewing and using to
develop alternatives and cost estimates. While specific improvements are pending the project is
expected to include signalization and turn lane upgrades sufficient to accommodate the NFCU
expansion and the FBI facility. In addition, a draft ‘backstop’ agreement has been developed to
protect the County from any potential financial liability on the project. Staff is seeking a
recommendation to the Board of Supervisors on whether to authorize staff to apply for funding
under the TPOF program.
Agreement Regarding Transportation Partnership Opportunity Fund Grant
To Frederick County for Intersection Improvements
At US Route 50/17 and Independence Drive (Route 1092)
Related to Navy Federal Credit Union Facility Expansion
THIS AGREEMENT, made and dated this day of _____, 2017, is made by and
between the COUNTY OF FREDERICK, VIRGINIA (the “County”), a political subdivision
of Virginia, and NAVY FEDERAL CREDIT UNION (“NFCU”), a federally chartered credit
union.
RECITALS:
WHEREAS, NFCU has previously announced its intention to expand, equip, improve,
and operate its support and service operations center located in Frederick County (the “Facility”),
making a new capital investment of $100,000,000 in Frederick County and creating and
maintaining 1,400 new jobs in Frederick County, all as of December 31, 2022 (the “Expansion”);
and
WHEREAS, NFCU anticipates receiving various state-level and local-level incentives for
the Expansion, including, from the Commonwealth of Virginia, from the Commonwealth’s
Development Opportunity Fund, from the Virginia Jobs Investment Program, and from a
Virginia Economic Development Incentive Grant, and, from the County, through the County’s
Economic Development Authority, a Local Economic Development Incentive Grant; and
WHEREAS, the Expansion will result in increased traffic to and from the Facility,
including impacts to the intersection of US Route 50/17 and Independence Drive (Route 1092)
(the “Intersection”); and
WHEREAS, to mitigate such impacts, various improvements, generally identified on the
attached Exhibit A (Intersection Improvements Exhibit, August 22, 2017, prepared by Greenway
Engineering), to the Intersection (the “Road Improvements Project”) are appropriate; and
WHEREAS, the County anticipates applying for a Transportation Partnership
Opportunity Fund (“TPOF”) Grant (the “TPOF Grant”), TPOF existing pursuant to the
provisions of Section 33.2-1529.1 of the Code of Virginia to provide funds to government
entities to address the transportation aspects of economic development opportunities, the purpose
of the application being in order to obtain funding for all or a portion of the construction and
construction management of the Road Improvements (the construction and construction
management of the Road Improvements being the “Road Improvements Project”); and
WHEREAS, as the TPOF Grant would be to the County, with the Virginia Department of
Transportation (“VDOT”) administering the Road Improvements Project and the County
arranging for all funding for completion of the Road Improvements Project, including to the
extent that any and all costs of the Road Improvements Project, including any County project
management and/or consultant costs, incurred by the County, exceed the amount of the TPOF
Grant; and
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WHEREAS, the guidelines and criteria for TPOF require that a locality receiving TPOF
grant funds enter into a TPOF agreement with VDOT governing the use of the TPOF grant funds
and that such agreement provide that, among other things, in the event an economic development
project for which a TPOF grant is awarded does not meet the job creation/retention and capital
investment levels by the performance date and maintain those levels throughout a thirty-six
month period following such date, the government entity receiving funds from TPOF must repay
a specified amount to TPOF; and
WHEREAS, the parties desire to provide a means by which NFCU is to reimburse the
County (i) for any and all costs of the Road Improvements Project that may be incurred by the
County, including any County project management and/or consultant costs, to the extent any and
all costs exceed the amount of the TPOF Grant, and (ii) for any repayment the County must
make to TPOF in the event NFCU fails to meet specified job creation/retention and capital
investment levels by a specified performance date and maintain those levels throughout a thirty-
six month period following such date.
NOW, THEREFORE, WITNESSETH: That for and in consideration of the sum of
Ten Dollars, ($10.00), cash in hand paid by each of the parties hereto unto the other, the receipt
and sufficiency of which is hereby acknowledged, the parties do agree as follows:
1. RECITALS: The Recitals are made a material part hereof and incorporated herei n by
reference as if set out in full.
2. THE PERFORMANCE AGREEMENT: NFCU and the County will enter into
Commonwealth’s Development Opportunity Fund Performance Agreement, for NFCU to
receive various state-level and local-level incentives for the Expansion, including, from the
Commonwealth of Virginia, from the Commonwealth’s Development Opportunity Fund,
from the Virginia Jobs Investment Program, and from a Virginia Economic Development
Incentive Grant, and, from the County, through the County’s Economic Development
Authority, a Local Economic Development Incentive Grant. In the event, however, that
NFCU and the County do not enter into such an agreement, then the parties shall have no
further obligations to each other under this Agreement, including any obligation by the
County to apply for the TPOF Grant and/or to enter into a TPOF agreement with VDOT, and
this Agreement shall be otherwise null and void.
3. THE TPOF APPLICATION: The County will apply for the TPOF Grant and, if the
application is approved, the County may, in its reasonable discretion, enter in to a TPOF
agreement (the “TPOF Agreement”) with VDOT. In the event, however, that the County
does not apply for the TPOF Grant, in the event the County does not enter into the TPOF
Agreement, or in the event that the County does not receive any TPOF Grant funds, then the
parties shall have no further obligations to each other under this Agreement and this
Agreement shall be otherwise null and void.
4. NFCU’S PAYMENT OBLIGATIONS:
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a. To the extent that any and all costs of the Road Improvements Project, including any
County project management and/or consultant costs, incurred by the County, exceed
the amount of the TPOF Grant, NFCU shall pay to the County such excess costs,
within 30 days of receiving an invoice from the County for the same. Once the
County incurs such excess costs, the County may invoice NFCU on a monthly basis,
as to previously unpaid excess costs and as to new incurred excess costs.
b. In the event that NFCU fails to meet the following job creation/retention and capital
investment levels and, to the extent that VDOT requires from the County the
repayment of any or all of the TPOF Grant, on a pro rata basis based on the extent to
which NFCU fails to meet the following job creation/retention and capital investment
levels, as a result, then, upon 30 days written notice of the same from the County to
NFCU, NFCU shall pay to the County an amount equal to the repayment VDOT
requires from the County:
i. New capital investment of $100,000,000 in Frederick County by not later than
December 31, 2022; and
ii. Creating and maintaining 1,400 new jobs in Frederick County, as of
December 31, 2022; and
iii. Maintaining the levels in (i) and (ii) through and including December 31,
2025.
5. NOTICES: All notices, demands, or other communications that may be necessary or proper
hereunder shall be deemed duly given if personally delivered, or when deposited in the
United States mail, postage prepaid, first class, registered or certified, return receipt
requested, or when sent via a nationally recognized overnight courier, addressed respectively
as follows:
County: County of Frederick
Department of Planning and Development
107 N. Kent Street
Winchester, VA 22601
Attn: John A. Bishop
With a copy to: County of Frederick
County Attorney
107 North Kent Street
Winchester, VA 22601
Attn: Roderick B. Williams
NFCU: Navy Federal Credit Union
141 Security Drive
Winchester, VA 22602
Attn: __________________
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With a copy to: Navy Federal Credit Union
820 Follin Lane
Vienna, VA 22180
Attn: __________________
6. ENTIRE AGREEMENT; AMENDMENTS; TERM OF AGREEMENT; TIME:
a. This Agreement constitutes the entire agreement of the parties and supersedes any
prior understandings, whether oral or written, of the parties regarding the subject
matter of the Agreement and no amendment to this Agreement shall be effective
unless made in writing and signed by both parties.
b. Time is of the essence with respect to all matters set forth in this Agreement.
c. The provisions of this Agreement shall extend to the later of completion of
construction of the Road Improvements Project or the date for completion of all of
NFCU’s obligations under section 4 of this Agreement.
d. This Agreement shall be binding upon and the obligations and benefits hereof shall
accrue to the parties hereto and their successors and assigns.
7. GOVERNING LAW; VENUE: This Agreement shall be governed by and interpreted
according to the laws of the Commonwealth of Virginia and any dispute hereunder shall be
heard only in the Circuit Court of Frederick County, Virginia.
WITNESS the following signatures and seals:
COUNTY OF FREDERICK, VIRGINIA
By (SEAL)
NAVY FEDERAL CREDIT UNION
(SEAL)
(SEAL)
0150
NAVY FEDERALCREDIT UNION
EFG LC
PHELPSPROPERTIESLLC
WASHINGTONCHARLES H
HONESTYDONALDETALS
HONESTYDONALD
HONESTYWILLIAM E
EUGENE FGROVE LLC
UNITEDSTATES OFAMERICA
SAIPROPERTIESLLC
BRADDOCK STREETPROPERTIES LLC MYERSJAMES E
EFG LLC
JOBALIELLC
EFG LC
PERRYPROPERTIES
VICTORY ROADPROPERTIES LLC
MOULDENDONALDW SR MOULDENDONALDW SR
VICTORYAUTOWORKS LTD
ALLIEDSYSTEMS REALESTATE LLC
MOULDENDONALD W SR
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Future Rt 37 Bypass
IMap Produced by Frederick County Planning and Development Dept.
September 20, 2017
Route 50 and Independence Dr
0 0.055 0.110.0275 Miles
0150
Item 6: Request for 4 way Stop at the Intersection of Dragonfly Way
and Eleven Moons Place
Chairman Lofton recently received the attached citizen concern requesting upgrade of the
intersection of Dragonfly Way and Eleven Moons Place from a 2 way to a 4 way stop controlled
intersection. Staff would recommend forwarding a request to VDOT to have traffic engineer ing
review the request and is prepared to do so upon the Committee’s endorsement.
SCOTHORNGARY L &STEPHEN P
MEADOWS EDGEHOMEOWNERSASSOCIATION
MEADOWS EDGEHOMEOWNERSASSOCIATION
FAZZINIANTHONY M
BOCKEYCHARLESE III
BAKERBRENDAMICHELLE
RINEHARTDONALD
BARTLEYANGELAMEREDITH
GRIFFITHSAMUEL R
FORDHAMROBIN R
FASENMYERTED CHARLES
BISHOPDAVID A
SANCHEZJUANMANUEL A
MERRYBRANDON
MOFFETTJOHN H
NOORDHOFFDAVID J
NELSONCORY
MARQUESSJEFFREY W
PURTLEBAUGHCASALYN
RYKERKEITH E
MACIELROMULO O GARCIAMARCELO R
HENDERSONKENNETH W
MACCLAINERIK BURDICKJAREDDAVID
MILLEREILEEN LTRUSTEE
WRIGHTMATTHEW B
CHASTEENMELTON D MEDINATRAVIS J
LELLOCKBELINDA A THORNTONMATTHEW M CHESKITHOMAS W
CARTERTANESSA L
THOMASPATRICK A
TREJO DAVIDERNESTOESTRADA TRUSTEE
MALINA-JONESDANIELLE
LANGLEY-OBAUGHCHRISTINE M
GLOVEREDWARDT III
MARTINDORIS I
TSCHAPPATWILLIAMMICHAEL KOEHLERROBERTG III
ELSEACLINT D
NATARAJMAHALAKSHMI REEDFRANKH JR MILLERJEREMY L
SAKAIRYAN S MATTHEWSJEROMEEMORY III MOODYJENNIFER L
SHARPSDAVID A
ANDERSONMICHAEL A
RAMIREZOMAYRA G
SIROVYCHRISTINA L
JEWELLSHANE R
BONILLAHENRY JLOPEZ
GAITHERJASON S
BRIGGSTIMOTHY L
CENTEXHOMES
WALTONFRANKA SR ANDREWSJOHN H
LEFTWICHTENNIA A BARAHONANOLASCONEHEMIAS
PARRILLMICHAELD JR
BAILEYCHRISTOPHER J FOXJOSHUA L
WALTERSTERRENCE
PITT JOHN G& EDNA D GONZALEZNIXON M SR
SMITHRICHARD JR YAZONNUMERIANO A FURMANAARON F
SEALDREMA S
MCARTHURCHARLES D
HARRISROBERTE JR
BENSONPHILIP A SMIRCICHTHOMAS CTRUSTEE
DANTEJUSTINJ SR VO NGANG
SIMPSONMATTHEW S
CENTEXHOMESLINHARTLEE C
PRICEJEREMY M
YOCCAJOEL NOAHMICHAEL B
BRISCOEJAMESWALTER JR
REDDINGARTHURPHILIP
HUNTSBERRYJOSHUADAVID NUARLUKE F
BREWERAARON D &ANDREA W MICHAELSSARAH E
THORPECOLEBY J CLARKWILLIAM E
ZARGERDENNIS J
BROTHERSROBERT E BENITEZEDWIN JVEL
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IMap Produced by Frederick County Planning and Development Dept.
September 20, 2017
Dragonfly Way and Eleven Moons Place
0 0.02 0.040.01 Miles
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Item 7: Fall Transportation Forum Discussion
Staff is seeking committee guidance on central themes for the Fall Transportation Forum.
Discussions to date have included transportation funding and I-81, which are also both part of the
Board of Supervisor’s legislative agenda. If the Committee has no additional items to add, staff
will proceed with forum planning with those items as central themes and the County’s other
transportation planning items and products as supporting material.
Item 8: VTRANS 2040
Attached, please find the draft element of VDOT’s VTRANS 2040 plan for which they are
seeking comment by October 17. These items were distributed on September 13, 2017 and staff
has not yet completed review, but will be able to discuss with recommended comments at the
meeting.
Item 9: Valley Mill Road Revenue Sharing Fund Transfer
The County’s private partner on the Valley Mill Road realignment has indicated they are unable
to continue the project beyond its current phase of preliminary engineering. In order to preserve
the funds and meet the needs of future projects, staff is seeking authorization to transfer the
funds to the projects associated with the Russell 150 road improvements. Specifically, to the
Bridge construction and Airport Road extension. The total amount of VDOT funds to be
transferred is $3,559,814.32. Staff is seeking a recommendation to the Board of Supervisors.
Item 10: County Project Updates
Snowden Bridge Boulevard:
The roadway is open to traffic and staff is beginning project final close out.
Tevis Street Extension/Airport Road/I-81 Bridge:
Bridge design is ongoing and draft environmental documents for VDOT have been
received. Bridge design has exceeded 90% and is expected to be approved by early
November, while 60% roundabout plans have been submitted for review.
Renaissance Drive:
TPOF agreements have been received from VDOT. Staff is seeking authorization to
execute the TPOF agreements. Completing new project documentation for CSX through
the County Attorney. The pending Carbaugh rezoning application also has potential to
impact this project with matching funds for revenue sharing. Initial proffers have been
reviewed and commented on and staff is awaiting a new draft.
Valley Mill Road Realignment:
Private partner has reiterated a desire not to continue the project. Staff is looking into
opportunities to transfer funds. This would come to the TC and Board for action. Item
submitted earlier in this agenda
Coverstone Drive:
No activity at this time.
Jubal Early Drive Extension and Interchange with Route 37:
Communication was sent to the Applicant noting that the County could make no further
moves forward on the project until a revenue sharing agreement is in place. Following
that a meeting was held at which the agreement was discussed and staff is awaiting
feedback from the Applicant. No new action as of this agenda.
Item 11: Upcoming Agenda Items
October/November
Eastern Road Plan Update
Secondary Fund Allocation Discussion
CTB Fall Public Meeting
November/Decenter
Oakdale Crossing Traffic Calming Study
Freight Panel
Item 12: Other