TC 02-26-18 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: February 26, 2018 Transportation Committee Meeting
DATE: February 21, 2018
The Frederick County Transportation Committee will be meeting at 8:30 a.m. on
Monday, February 26, 2018 in the first-floor conference room of the Frederick County
Administration Building, 107 North Kent Street, Winchester, Virginia.
AGENDA
1. Revenue Sharing Agreement – Northern Y
2. SmartScale Application Discussion
3. County Project Updates
4. Upcoming Agenda Items
5. Other
Please contact our department if you are unable to attend this meeting.
Attachments
JAB/pd
MEMORANDUM
Item 1: Revenue Sharing Agreement – Northern Y
Topic Synopsis
The County has been awarded revenue sharing funds for construction of the Tevis Street
Extension north from Airport Road Extension and roundabout to Route 522. In keeping
with the standard County procedure for proceeding with revenue sharing the County has
been working with a potential private partner for the project to provide the local match
for the revenue sharing funds. For Committee review and recommendation to the Board
of Supervisors, Staff has attached the draft revenue sharing agreement between the
County and Glaize for the Tevis Street Extension from the roundabout that will be
constructed as part of the Airport Road Extension and Bridge north to Route 522.
Analysis
Some key components of the agreement are as follows:
1. Glaize will fund half of a 30% design, in order to develop a strong cost estimate.
2. Glaize will provide up to $1.2 million toward construction of a $2.4 million roadway.
3. If the roadway is expected to cost in excess of $2.4 million, the County will have the
option of covering the shortfall or ending the project.
Recommended Action
Ratification of the agreement for the purposes of reaching 30%.
REVENUE SHARING AGREEMENT
THIS AGREEMENT, made and dated this day of , 2018, is made by and
between the COUNTY OF FREDERICK, VIRGINIA (the “County”), a political subdivision
of Virginia, and FLG RESIDUAL TRUST PROPERTIES, LLC (“FLG”) and CAMPFIELD
LLC (“Campfield”) (collectively, FLG and Campfield are referred to as “Glaize”), a Virginia
limited liability company.
RECITALS:
1. Glaize is the owner of tax parcel numbers 64-A-9 and 64B-A-73B (the “Property”).
2. The Virginia Department of Transportation (“VDOT”) administers the Revenue Sharing
Program (“Revenue Sharing Program”), in cooperation with participating localities,
under the authority of Section 33.2-357, effective Oct. 1, 2014, of the Code of Virginia.
3. The County and Glaize intend to fund the Project (defined below) using funds from
Glaize and matching revenue sharing funds that the County has obtained from the
Commonwealth’s Revenue Sharing Program.
4. The parties desire to arrange for the design and construction a street section as follows
(the “Project”):
Tevis Street Extension, as a segment from the shared property boundary with
parcel 64-A-10 to Route 522, relocation of the Elks lodge entrance, required
upgrades to Route 522 as needed to accommodate the new intersection, right of
way acquisition, VDOT approved entrance to the adjoining parcels with turn
lanes, bicycle and pedestrian accommodations consistent with County
requirements and within VDOT standards, required landscaping and streetlights
allowable within the scope of the Revenue Sharing Program, and any unforeseen
required items to implement the roadway. This segment shall be designed and
constructed in a form mutually agreed upon by the County and Glaize that meets
or exceeds VDOT standards that are in force at the time of final road design plan
approval.
5. The parties desire to finance the Project using funds of up to $1,200,000.00 Glaize will
provide which can be matched on a dollar for dollar basis with VDOT revenue sharing
funds (the “Matching Funds”) to be provided by VDOT within the rules and scope of the
VDOT Revenue Sharing Program. In addition, the County shall provide such additional
funds (the “County Funds”), which can be matched on a dollar for dollar basis by VDOT
revenue sharing funds as available, as may be necessary in the event costs for the Project
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exceed $2,400,000.00. Expenditure of the County Funds will become applicable only
after the Glaize Funds have been full y expended.
6. The Glaize Funds, County Funds, and the Matching Funds are collectively referred to
herein as the “Project Funds.”
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 herein by
reference as if set out in full.
2. THE PROJECT:
a. The Glaize Funds, County Funds, and the Matching Funds shall be applied and
expended in order to design and construct the Project described in the Recitals.
b. In the event that unforeseen design, engineering, right of way, environmental, and/or
construction issues are encountered that exceed a project budget of $2,400,000
($1,200,000 in Glaize funds and $1,200,000 in Matching funds), the County agrees to
expend such additional funds as are necessary in order to address such unforeseen
design, engineering, right of way, environmental, and/or construction issues.
3. COUNTY RESPONSIBILITIES:
a. The County shall act as fiscal agent and project manager for the Project. The
County’s responsibilities as fiscal agent and project manager shall include
management and oversight of all roadway design, approvals and permitting,
construction management, and right-of-way acquisition, as well as invoicing of
Project costs to VDOT and to Glaize.
b. The County shall give notice to Glaize of the intended commencement of
construction of the Project not less than fifteen (15) days prior to the commencement
of construction.
c. The County shall arrange for use of Matching Funds once the Glaize $1,200,000.00 is
expended and 100% of project funding after all available VDOT funds are expended.
d. Upon receipt of the bids for the Project, if the bids show that the Project cost will
exceed $2,400,000.00, the County may elect not to proceed with the Project, in which
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case this Agreement shall be deemed terminated and the parties shall have no further
obligations to each with respect to the subject matter of this Agreement.
e. The County may enter into agreements, if necessary, with utility companies, VDOT,
or unforeseen others as may be necessary in relation to the Project.
f. As project manager, the County shall supervise all aspects of the Project, which shall
be done in a good and workmanlike fashion in accordance with applicable VDOT
standards.
g. In the event that a mechanic’s lien or other claim is filed against the Property arising
from or in connection with the Project, the County agrees to promptly bond off any
such mechanic’s lien or claim with a portion of the Project Funds, to the extent
permissible under applicable law.
h. The County shall return all unspent Glaize Funds to Glaize at the conclusion of the
Project.
i. The County shall request the new roadway to be adopted into the State system within
30 days of receiving final paperwork and clearances required for adoption from
VDOT.
4. GLAIZE’S RESPONSIBILITIES:
a. Glaize shall provide all required right of way dedication of property it controls,
permanent grading and drainage easements, and temporary construction easements to
the County prior to County award of the construction contract. Costs for provision of
these items will be borne by Glaize and not be reimbursable with Matching Funds.
b. The County shall undergo the design process in two phases, with Phase I being
complete at the conclusion of approximately 60% of the design and associated
updated cost estimate. Phase II shall be the completion of the design and subsequent
bidding and construction of the project. The County will not proceed to Phase II
without prior written consent of Glaize. In the event that Glaize fails to authorize
Phase II within 45 days of County request, such lack of response shall be deemed a
denial to proceed and the County shall have the ability to cancel the Project.
c. Glaize’s contribution to the total amount of incurred for Phase I road design services
shall not exceed $70,000.00. Glaize will pay the County $35,000.00 toward Phase I
costs upon execution of this Agreement. In the event the Project does not proceed to
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Phase II, Glaize shall pay the County an additional $35,000.00 for a total payment of
$70,000.00 for Phase I costs, within 10 days of receipt of written notice terminating
this Agreement for failure to proceed to Phase II. Upon payment by Glaize in
response to such notice, this Agreement shall thereupon be terminated.
d. Upon issuing approval to proceed to Phase II of the project, Glaize shall provide to
the County a letter of credit payable to the County in the amount of $1,165,000.00 to
secure the payments due from Glaize under the terms of this Agreement. In no event
shall any institution issuing a letter of credit on behalf of Glaize be liable to the
County for any amount greater than the amount to which Glaize may be liable to the
County pursuant to the terms of this Agreement on the date the County makes claim
for payment under the terms of any such letter of credit. Upon payment in full of all
amounts due from Glaize under the terms of this Agreement the County consents to
the release of any such letter of credit without further action from the County.
e. Subject to the terms and conditions of this Agreement and so long as the County is
not in default, Glaize shall remit one-half of the total amounts properly incurred by
the County in the prior calendar month for the performance of services within the
project description outlined in the recitals of this Agreement, up to $1,200,000.00,
within 30 days of receipt of an invoice for the same.
f. Glaize shall provide full access to the Property for the purposes of construction,
surveys, geotechnical work, or any other tasks related to design, engineering,
environmental, and construction needs of the Project.
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, addressed respectively as follows:
County: Department of Planning and Development
107 North Kent Street, Suite 202
Winchester, VA 22601
Attn: John A. Bishop, AICP
With a copy to: Roderick Williams, Esquire
County Attorney
107 North Kent Street
Winchester, VA 22601
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Glaize: J.P. Carr, President
Glaize Developments, Incorporated
112 E. Piccadilly Street
Winchester, VA 22601
With a copy to:
Stephen L. Pettler, Jr.
Harrison and Johnston, PLC
21 South Loudoun Street
Winchester, VA 22601
6. ENTIRE AGREEMENT; AMENDMENTS; 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. 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.
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WITNESS the following signatures and seals:
COUNTY OF FREDERICK, VIRGINIA
By (SEAL)
FLG RESIDUAL TRUST PROPERTIES, LLC
By (SEAL)
CAMPFIELD LLC
By (SEAL)
Item 2: SmartScale Application Discussion
Topic Synopsis
At the January meeting of the Transportation Committee, Staff provided a draft potential
list of projects for consideration for SmartScale application process. Committee
members were asked to provide feedback to Staff regarding the projects they felt should
be promoted at this time in order to narrow the list to 6 projects which VDOT would
analyze to determine which 4 would be the most competitive. Projects not selected can
still be promoted for application through the MPO or Regional Commission. Staff will
be seeking a recommendation to the Board of Supervisors on which 4 projects Frederick
County should apply for as well as projects that should be promoted at the MPO and
Regional Commission level.
Analysis
Based upon Committee feedback the following 7 projects are being analyzed by VDOT
in the week leading up to the Transportation Committee meeting. While analyzing 6 had
been discussed at the meeting, VDOT agreed to look at 7. Projects are not listed in
priority order.
Potential Project Potential Application Source
Exit 307 Improvements Frederick County, MPO, RC
Improvements to the Exit 307 ramps (potential roundabouts) taking advantage of residual
study funds from the Exit 307 Interchange Modification Study to strengthen the
application
Exit 317 and Redbud Road Frederick County, MPO, RC
Realignment of the Exit 317 NB exit ramp to Route 11 and associated realignment of
Redbud Road. This was a previous unsuccessful application that would now be
strengthened due to funding allocated to Redbud Road and an improved cost estimate.
Route 11 North (4 lane widening) Frederick County, MPO
Widening of Route 11 to 4 lanes from Snowden Bridge Boulevard to Old Charlestown
Road. This was applied for last time as a 6 lane section. Scaling that down would
potentially make the application stronger.
Route 11 South (Shawnee Drive Area) Frederick County, MPO, Winchester
This potential application is also a scaled down version of a previous application that was
submitted through the MPO. Full project scope could vary but initial discussion was
based upon the widening of the bridge at the City/County line.
Route 37 (Lenoir Drive slip ramps) Frederick County, MPO
This potential new application would propose to implement the slip ramps from the end
of Lenoir Drive in Stonewall Industrial Park onto and off of Route 37 southbound and
has the potential to remove significant truck trips from the Route 11 North corridor.
Costello Drive/Route 522 Intersection Frederick County
This intersection is experiencing significant stacking for southbound lefts onto Costello
Drive. This project would look to help that situation through the implementation of
double lefts and perhaps additional improvements to channel trips destined for Costco
into their entrances.
Exit 317 – Northbound on ramp Frederick County, MPO
This entrance ramp onto Northbound I-81 from Martinsburg Pike (Route 11) currently
has a short merge area that is challenging for drivers entering the interstate. Increasing
the length of this area would improve safety and traffic flow in this area.
Below are projects that were not selected, but which should still be considered for
potential MPO or Regional Commission submission. (note: items from the above list that
are not selected for Frederick County application could be added here as well)
Potential Project Potential Application Source
Route 11 South (Stars Study Results) Frederick County, MPO, RC
Scope of an application here is yet to be determined as this study contracted for through
the MPO to develop applications along this corridor is currently underway.
Exit 313 Bridge Frederick County, MPO, RC
The Exit 313 bridge and its structurally deficient status continues to be an item of
significant concern. This was applied for previously, however, VDOT has since directed
design funding onto the bridge and made scope modifications which should make a new
application more competitive.
Below is the list of projects that were not selected and are not currently being
recommended for further promotion at this time.
Potential Project Potential Application Source
Route 277 (Sherando Park Entrance) Frederick County
Intersection improvements to the Sherando Park entrance in accordance with the
Comprehensive Plan and to address growing conflicts in this area.
Route 7 Frederick County
Staff and VDOT are reviewing potential small improvements to the Route 7 corridor that
could be competitive applications.
Inverlee Way Frederick County
This project would complete Inverlee way from it’s current terminus to Senseny Road,
providing a through connection between Route 50 and Senseny Road.
Recommended Action
Staff will be seeking a recommendation to the Board on which 4 projects Frederick
County should apply for and which projects to promote at the MPO and Regiona l
Commission level. Staff is not providing a recommendation at this time while VDOT
completes their analysis but will be providing a recommendation at the meeting.
Item 3: County Project Updates
Tevis Street Extension/Airport Road/I-81 Bridge:
Staff is in discussion with VDOT regarding roundabout design and expects to get
key guidance this week that will impact that portion of the project. Airport Road
design plans are moving forward from the 60% comments. Northern Y is
connected to this project and is on the earlier portion of the agenda.
Renaissance Drive:
Survey work on site is nearly complete and discussions are ongoing with First
Energy regarding powerline adjustments needed to accommodate the bridge.
Bridge designer has provided some preliminary options. Staff is awaiting
response from CSX regarding the design review agreement.
Coverstone Drive:
No activity at this time.
Jubal Early Drive Extension and Interchange with Route 37:
Staff has recently received phone calls from the private partner with questions on
details and timelines.
Item 4: Upcoming Agenda Items
March
MPO Route 11 South Stars Study
Oakdale Crossing Traffic Calming Study
April
Begin Interstate, Primary, and Secondary Plan updates (dependent on VDOT
projections becoming available)
Item 5: Other