10-19-2021 Finance Committee Agenda Packet
CALL TO ORDER
ROLL CALL
AGENDA ITEMS TO BE ADDED
APPROVAL OF AGENDA
NEW BUSINESS
a. Health Department Refund Request (Staff Contact: Kimberly G. Van Der Hyde)
b. WIB Audit Update (Staff Contact: Kimberly G. Van Der Hyde)
c. Salary Increases-Sheriff's Deputies (Staff Contact: Kimberly G. Van Der Hyde)
d. Staunton River Plastics; Testing and Inspection Services (Staff Contact: Kimberly G.
Van Der Hyde)
e. Approval of Engineering Agreement for Rage Plastics Pump Station (Staff Contact:
Christopher Adcock)
f. Authorization to Execute On Call Engineering Agreements (Staff Contact: Richard
N. Hicks)
g. Horseshoe Road Waterline Extension Engineering Proposal Approval (Staff Contact:
Chris Adcock)
h. FRC's ARPA Funds Utilization Process Recommendation (Staff Contact:
Christopher C. Slemp)
i. FEMA Mitigation Grant Application Approval (Staff Contact: Christopher C. Slemp)
MATTERS FROM COMMITTEE MEMBERS
ADJOURNMENT
FINANCE COMMITTEE
MEETING
Tuesday, October 19, 2021 – 3:30 PM
Main Conference Room
County Administration Building, 1 Center Street
Chatham, Virginia 24531
AGENDA
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Finance Committee
EXECUTIVE SUMMARY
ACTION ITEM
Agenda Title: Health Department Refund Request (Staff Contact: Kimberly G. Van Der
Hyde)
Staff Contact(s): Kimberly G. Van Der Hyde
Agenda Date: October 19, 2021 Item Number: 5.a
Attachment(s): Health Dept 2022 Request
Reviewed By:
SUMMARY:
The County’s Finance Department recently received the attached request from the Health
Department to retain unmatched local funds in the amount of $93,786 to provide shingles
vaccines to approximately three hundred (300) health department clients. This request is the
same as the requests made by the Health Department in the last few years. The Board has
declined these requests the last 2 (two) years.
FINANCIAL IMPACT AND FUNDING SOURCE:
The Health Department does not currently have any funding to provide shingles vaccinations in
the FY2022 Budget. Funds for these types of vaccines are only made possible with the use of
turnover vacancies (TOVs), or with the approval to use unmatched local funds. The Health
Department does not expect to have any TOVs for Chatham this year, and unless the Board
approves its request to use unmatched local funds, no shingles vaccines will be purchased for
FY2022. Ms. Hansen, Health Department Accountant, stated that there is a high demand for
these vaccines, and she hopes that the use of unmatched funds will help to serve those wishing to
receive the shingles vaccine this year.
RECOMMENDATION:
For the Committee’s review and consideration.
MOTION:
For the Committee’s review and consideration.
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1
Kim Van Der Hyde
From:Hansen, Tina <tina.hansen@vdh.virginia.gov>
Sent:Wednesday, September 15, 2021 10:07 AM
To:Kim Van Der Hyde
Subject:FY22 Current Year Unmatched Funds
CAUTION: This email originated from outside of the organization. Do not click links or open attachments
unless you recognize the sender and know the content is safe.
Kim,
The Chatham Health Department would like to request to keep $93,786 from the current year (FY22) budget that cannot
be matched with state allocations.
If approved, we could provide approximately 300 clients with the shingles vaccine.
Thank you in advance for this consideration.
--
Tina Hansen
Accountant
Pittsylvania/Danville & Southside Health Districts
434-766-9810
tina.hansen@vdh.virginia.gov
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Packet Pg. 4 Attachment: Health Dept 2022 Request (2805 : Health Department Refund Request (Staff Contact: Kimberly G. Van Der Hyde))
Finance Committee
EXECUTIVE SUMMARY
ACTION ITEM
Agenda Title: WIB Audit Update (Staff Contact: Kimberly G. Van Der Hyde)
Staff Contact(s): Kimberly G. Van Der Hyde
Agenda Date: October 19, 2021 Item Number: 5.b
Attachment(s):
Reviewed By:
SUMMARY:
In FY2021, a new governmental standard was recently implemented, GASB 84. This standard
was issued to improve financial reporting by properly identifying all government fiduciary
activities. It basically narrows the existing definition of a fiduciary fund and clarifies how these
Funds should be treated in the financial statements.
During the County’s Annual Audit, each Fund was reviewed to determine if all Funds handled
by the County should be reported in the County’s financials. It was determined during this
review that the County was administering several Grants for the Workforce Investment Board
(“WIB”) that did not name the County as the recipient and, as such, should not be reported in the
County’s Financial Statements. A discussion is currently being had with the WIB to rectify this
situation.
A statement by Scott Wickham with RFC is below:
“In evaluation of the funds for GASB 84 and in auditing revenues in relation to the County’s
SEFA we noted this year that some of the revenues in the County’s WIA fund were not County
grants. Because the County is listed as the grant recipient for the main VCCS grant it would be
considered County revenue as it is passed through to the WIA Board. The other grants should be
included in the other entities SEFA as pass through to the WIA Board and reported in the WIA
Board’s separate financial statements. Those funds should not be reported as County revenue
since they are only processed in a fiduciary capacity. My solution would be to separate that fund
into 2 funds and proceed as normal or they could take the non-County funds and process the
accounts payable themselves. With either of those solutions, I believe the WIA Board nonprofit
should have a separate audit.”
FINANCIAL IMPACT AND FUNDING SOURCE:
None.
RECOMMENDATION:
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None. For informational purposes only.
MOTION
None. For informational purposes only.
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Finance Committee
EXECUTIVE SUMMARY
ACTION ITEM
Agenda Title: Salary Increases-Sheriff's Deputies (Staff Contact: Kimberly G. Van Der
Hyde)
Staff Contact(s):
Agenda Date: October 19, 2021 Item Number: 5.c
Attachment(s):
Reviewed By:
SUMMARY:
A request has been made to discuss County Sheriff’s Deputies’ salaries to ensure the same aligns
with neighboring localities. Kimberley G. Van Der Hyde, Finance Director, will lead discussion
on this matter.
FINANCIAL IMPACT AND FUNDING SOURCE:
Unknown currently.
RECOMMENDATION:
For the Board’s review and consideration.
MOTION:
For the Board’s review and consideration.
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Finance Committee
EXECUTIVE SUMMARY
ACTION ITEM
Agenda Title: Staunton River Plastics; Testing and Inspection Services (Staff Contact:
Kimberly G. Van Der Hyde)
Staff Contact(s): Kimberly G. Van Der Hyde
Agenda Date: October 19, 2021 Item Number: 5.d
Attachment(s): FR Agreement Signed
Reviewed By:
SUMMARY:
The Pittsylvania County Industrial Development Authority (“IDA”) recently met and approved a
contract with Froehling & Robertson, Inc., to provide construction materials testing and special
inspection services for the Staunton River Plastics Project. A copy of the signed proposal is
attached for the Board’s review.
FINANCIAL IMPACT AND FUNDING SOURCE:
There is no financial impact to the County’s budget. The IDA is providing funding for these
services, totaling $85,130.50.
RECOMMENDATION:
None. For informational purposes only.
MOTION:
None. For informational purposes only.
5.d
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5.d.a
Packet Pg. 9 Attachment: FR Agreement Signed (2808 : Staunton River Plastics; Testing and Inspection Services (Staff Contact: Kimberly G. Van Der Hyde))
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Packet Pg. 10 Attachment: FR Agreement Signed (2808 : Staunton River Plastics; Testing and Inspection Services (Staff Contact: Kimberly G. Van Der Hyde))
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Packet Pg. 11 Attachment: FR Agreement Signed (2808 : Staunton River Plastics; Testing and Inspection Services (Staff Contact: Kimberly G. Van Der Hyde))
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Packet Pg. 12 Attachment: FR Agreement Signed (2808 : Staunton River Plastics; Testing and Inspection Services (Staff Contact: Kimberly G. Van Der Hyde))
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Packet Pg. 13 Attachment: FR Agreement Signed (2808 : Staunton River Plastics; Testing and Inspection Services (Staff Contact: Kimberly G. Van Der Hyde))
5.d.a
Packet Pg. 14 Attachment: FR Agreement Signed (2808 : Staunton River Plastics; Testing and Inspection Services (Staff Contact: Kimberly G. Van Der Hyde))
5.d.a
Packet Pg. 15 Attachment: FR Agreement Signed (2808 : Staunton River Plastics; Testing and Inspection Services (Staff Contact: Kimberly G. Van Der Hyde))
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Packet Pg. 16 Attachment: FR Agreement Signed (2808 : Staunton River Plastics; Testing and Inspection Services (Staff Contact: Kimberly G. Van Der Hyde))
Finance Committee
EXECUTIVE SUMMARY
ACTION ITEM
Agenda Title: Approval of Engineering Agreement for Rage Plastics Pump Station (Staff
Contact: Christopher Adcock)
Staff Contact(s): Richard N. Hicks
Agenda Date: October 19, 2021 Item Number: 5.e
Attachment(s): SRRIFA Sewer Pump Station Proposal Letter.2021.08.24
Reviewed By:
SUMMARY:
Construction has begun for the Rage Plastics Facility in Hurt, and the County and the Town of
Hurt will jointly proceed with the installation of a sewer line and pump station to serve the new
Facility (“Project”). In this partnership, the County will cover sixty percent (60%) of the cost,
and the Town of Hurt will cover forty percent (40%) of the cost. The same percentages will
apply to the revenues generated by the Project. The County currently has an on-call agreement
with several engineering firms. County Staff is recommending that the work be performed by
Dewberry, due to its extensive knowledge of the Southern Virginia Multimodal Park and existing
utilities. For the Committee’s review and consideration, the Dewberry’s Proposal for
Professional Engineering Services (“Agreement”) for the Project is attached. The total cost for
the scope of services of Dewberry’s Agreement is $51,000.
FINANCIAL IMPACT AND FUNDING SOURCE:
Funds for this Project would come from the County’s Water and Sewer Fund, as well as a
contribution from the Town of Hurt for its share of the Project. A Budget Amendment for the
Project’s engineering fees and eventual construction costs will be submitted for Board approval
later.
RECOMMENDATION:
County Staff recommends that the Finance Committee make a recommendation to the Board for
approval of the attached Dewberry Agreement for the Project.
MOTION:
“I make a Motion recommending the Board approve and authorize the County Administrator to
execute the attached Dewberry Agreement for the Project.”
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I DewberryA Dewberry Engineers Inc. 434.797.4497
551 Piney Forest Road 434.797.4341 fax
Danville, VA 24540 www.dewberry.com
August 24,2021
Staunton River Regional Industrial Facility Authority (SRRIFA) c/o: Mr. David Smitherman County Administrator Pittsylvania County
Mr. Ken Larking City Manager City of Danville P.O. Box 3300 Danville, VA 24543 1 Center Street Chatham, VA 24531
Re: Proposal for Professional Engineering Services: Sewer Pump Station and Forcemain (Project) Southern Virginia Multimodal Park (Site) Hurt,VA
Dear Gentlemen:
Dewberry Engineers Inc. (Dewberry) appreciates the opportunity to submit herein our proposal for professional engineering services.
UNDERSTANDING OF THE PROJECT
The Southern Virginia Multimodal Park (SVMP) is an 850 acre± business industrial park located at the former Burlington lndustries-Klopman Mills site in Hurt, VA. SRRIFA has been proactively working in collaboration with the Site's owner (SVMP, LLC) to market the Site to prospective industries. Bulk utility
infrastructure and rail exists to serve development of the Site. There has been recent prospect interest in the Staunton River Plastics, LLC building, and an extension of sewer to serve the site is required. There is a 4" forcemain that terminates at the abandoned wastewater treatment plant (WWTP). A small pump station at the site and forcemain extension to the WWTP will be required. Dewberry will provide the required design, plans and specifications required for construction.
SCOPE OF SERVICES
Dewberry proposes to perform the following Scope of Services:
1.Design•Coordinate with ARCO Design Build Team to develop a preliminary layout of approximately200 LF of gravity sewer, a duplex submersible pump station and 2000 LF± of forcemain.Utilize this to direct SUE investigative work noted below.•Prepare construction drawings for the pump station including all mechanical and electricalfeatures necessary for connection to existing infrastructure.•Prepare details with consideration of industrial site operations.•Prepare specifications for equipment, materials, and sequencing to complete the constructionproject.•Attend one meeting with SRRIFA to review and discuss design documents. Comments fromSRRIFA will be used to develop a final set of plans and specifications for bid.
2.Subsurface Utility Engineering (SUE) & Survey•Dewberry will provide additional SUE utility locations within the corridor of the pump stationand along the proposed 2000 LF of forcemain. Utility location will be performed using
Page 1 of 3
5.e.a
Packet Pg. 18 Attachment: SRRIFA Sewer Pump Station Proposal Letter.2021.08.24 (2813 : Approval of Engineering Agreement for Rage Plastics Pump
Mr. David Smitherman Mr. Ken Larking August24,2021
FEE Dewberry proposes to perform the Scope of Services listed above for the following fee:
Task Descrietion Fee Basis of Fee 1 Design $27,000 Lump Sum 2 SUE & Survey $7,000 Lump Sum 3 Permitting $3,500 Lump Sum 4 CONA & Inspection $13,500 Lump Sum Total $51,000 Lump Sum
Once authorized by signature below, Dewberry will begin work immediately. This proposal is subject to our Standard Terms and Conditions included herewith as Attachment A. The return of an executed copy of this proposal will serve as our authorization to begin work. Please do not hesitate to call if you have any questions or wish to discuss the proposal. We look forward to working with SRRIFA on this important project.
Sincerely,
R.Scott Ehrhardt, PE
� \(.
Senior Associat�I oject Manager
U�n K� Bradner, E Vice President I Branch Manager
Attachment A- Standard Terms & Conditions (10/2020)
R:\Proposal Letters\Engineering\2021.8.19. -Southern Virginia Mullimodal Park Sewer Pump Station.docx
The foregoing proposal of Dewberry Engineers Inc. is accepted:
Print (Type) Individual, Firm, or Corporate Name
Signature of Authorized Representative Date
Print (Type) Name of Authorized Representative and Title
This proposal includes information that shall not be disclosed outside of the CLIENT and shall not be duplicated, used, or disclosed, in whole or in part, for any purpose other than to evaluate this proposal. If,
however, a contract is awarded to this offeror as a result of, or in connection with, the submission of this information, CLIENT shall have the right to duplicate, use, or disclose the information to the extent provided in the resulting contract. This restriction does not limit CLIENT's right to use information contained in this information if it is obtained from another source without restriction.
I Dewberry· Page 3 of 3
5.e.a
Packet Pg. 19 Attachment: SRRIFA Sewer Pump Station Proposal Letter.2021.08.24 (2813 : Approval of Engineering Agreement for Rage Plastics Pump
I Dewberry· ATTACHMENT A STANDARD TERMS AND CONDITIONS
These Standard Tenns and Conditions ('STCs') are incorporated by reference into the foregoing agreement or proposal, along with any future modifications or amendments thereto made in accordance with Paragraph 23 below (the 'Agreemenr) between Dewberry ('we' or ·us· or 'our') and its dient ('you' or 'your") for the performance of services as defined in our
proposal ('Services'). These STCs are fully binding upon you, just as if they were fully set forth in the body of the Agreement, and shall supersede any term or provision elsewhere in the Agreement in conflict with these STCs. I.Period of Offer. Unless we decide, in writing, to extend the period for acceptance by you of our proposal, you have 90 days from our proposal date to accept our proposal. We have the
right to withdraw the proposal at any time before you accept Delivery of a signed proposai-hether original or copy-to us constitutes your acceptance of the proposal, including attachments expressly incorporated into the proposal by reference. The proposal and incorporated attachments shall constitute the entire Agreement between you and us. If you requestus to render Services before you deliver a signed proposal to us, and we render Services in accordance with the proposal, you agree that the proposal and these STCs constitute the
Agreement between you and us even if you fail to return a signed proposal to us.2. Scope of Services. For the fee set forth in the Agreement you agree that we shall only be obligated to render the Services expressly desaibed in the Agreement Our Services shall notbe construed as providing legal, accounting, or insurance services. Unless the Agreement expressly requires, in no event do we have any obligation or responsibility for:
a.The correctness or completeness of any document which was prepared by another entity.b.The correctness or completeness of any drawing prepared by us, unless It was property signed and sealed by a registered professional on our behalf.
c.Favorable or timely comment or action by any governmental entity on the submission of any construction documents, land use or feasibility studies, appeals, petitions for exceptions or waivers, or other requests or documents of any nature whatsoever.d.Taking into account off-site circumstances other than those clearly visible and actually known to us from on-site work.e. The actual location (or characteristics) of any portion of a utility which is not entirely visible from the surface.
f.Site safety or construction quality, means, methods, or sequences.g. The correctness of any geotechnical services performed by others, whether or not performed as our subcontractor.h.The accuracy of earth work estimates and quantity take-offs, or the balance of earthwork cut and fill.i. The accuracy of any opinions of construction cost, financial analyses, economic feasibility projections or schedules for the Project.Should shop drawing review be incorporated into the Services, we shall pass on the shop drawings with reasonable promptness. Our review of shop drawings will be general, for conformance with the design concept of the Project to which this Agreement relates ('Projecf) and compliance with the information given in the construction documents, and will not
include quantities, detailed dimensions, nor adjustments of dimensions to actual field conditions. Our review shall not be construed as permitting any departure from contract requirements nor as relieving your contractor of the sole and final responsibility for any error in details, dimensions or otherwise that may exist
3. Your Oral Decisions. You, or any of your directors, officers, partners, members, managers, employees or agents having apparent authority from you, may orally: (a) makedecisions relating to Services or the Agreement (b) request a change in the scope of Services under the Agreement or (c) request us to render additional Services under theAgreement subject to our right to require you to submit the request in writing before your decision or request shall be considered to have been effectively made. You may, at any time, limlt the authority of any or all persons to act orally on your behalf under this Paragraph 3, by giving us seven 7 days advance written notice. 4. Proprietary Rights. The drawings, specifications and other documents prepared by us under this Agreement are instruments of our service for use solely for the Project and,unless otherwise provided, we shall be deemed the author of these documents and shall retain all common law, statutory, and other reserved rights, induding the copyright and
rights to any Dewberry trademarks. Upon payment in ful for our Services, you shall be permitted to retain copies, induding reproducible copies of our instruments of service forinformation and reference for the Project Our instruments of service shal not be used by you or others on other projects for any reason or for completion or modification of this Project by other professionals, unless you enter into a written agreement with us allowing for such use. Submission or distribution of documents to meet official regulatory requirements or for similar purposes in connection with the Project is not to be construed as publication inconsistent with our reserved rights. You shall defend, indemnify and hold us harmless, and
release us, from any and an liability, loss, damages, claims and demands for loss, damages, property damages or bodily injury, arising out of any use (induding, without limitation, the means or media of transfer, possession, use, or alteration) of our instruments of service by (i) you, if such use is inconsistent with our reserved rights or this Paragraph 4, or (ii) any third party, regardless of the manner of use, if such third party received our instruments of service directly or indirectly from you (including if we or others have transmitted such
instruments of service to the third party at your request or direction, for your benefit or, and without limiting the foregoing, pursuant to a contractual obligation that is directly or indirectlyderived (or flowed down) from a contract to which you have privily).
s. Fees and Compensation. If you request us to render services not speciflcally described in the Agreement or, if we or anyone in our employ, is called upon to be deposed or to testify in a matter in which we are not a named party, that relates to the Project, you agree to compensate us for such services in accordance with the hourty rates as set forth on Attachment A of this Agreement or in any subsequently effective schedule, unless otherwise agreed in writing. If no compensation rate is set forth on Attachment A, or throughwritten agreement between you and us, we shall be compensated for such services at our then current hourty rates. We may unilaterally increase our lump sum or unit billing rates
on each anniversary of your acceptance of this Agreement by as much as five percent or the percentage increase in the CPI-W (U.S. Department of Labor Consumer Price IndexWashington), whichever is greater. Hourty rates are subject to periodic revision at our discretion.6. Period of Service. The provisions of this Agreement and the compensation provided for under the Agreement have been established in anticipation of the orderly and continuous
progress of the Project. Our obligation to render the Services will extend only for that period which may reasonably be required to complete the Services in an orderly and continuousmanner, and we may then, at our sole option, terminate the Agreement7. Reimbursable Expenses. Unless the Agreement otherwise provides, you shall reimburse us, or our affiliates, for all expenses we incur to render the Services for you under this
Agreement plus fifteen percent. We may submit invoices for reimbursable expenses separately from invoices for Services. 8.Payment Terms. We may submit invoices at any time to you for Services and for reimbursable expenses incurred. Invoices are payable within 30 days of the invoice date, and you
agree to pay a finance charge of 1 ½% per month on any unpaid balance not received by us within 30 days of the invoice date. if you require payment via credit card, Dewberry will
assess a 3% processing fee on the total amount invoiced. Invoices may be based either upon our estimate of the proportion of the total Services actually completed at the time of billingfor lump sum or fixed fee services, or in the case of hourty services, upon rendering of the Services. If any invoice is not paid within 30 days of the invoice date, we shall have the righteither to suspend the performance of our Services until all invoices more than 30 days past due are fully paid or to terminate the agreement and to initiate proceedings to recover
amounts owed by you. Additionally, we shall have the right to withhold from you the possession or use of any drawings or documents prepared by us for you under this or any otheragreement with you until all delinquent invoices are paid in full. You shall not offset payments of our invoices by any amounts due or claimed to be due for any reason.
If you do not give us written notice disputing an invoice within 20 days of the invoice date, the invoice shall condusively be deemed correct All payments made by you should specifythe invoice numbers being paid. if we receive payments that do not specify the invoices being paid, you agree that we may apply payments in our sole discretion. Time is of the essence of your payment obligations; and your failure to make full and timely payment shall be deemed a material breach.
9. lnfonnation from You and Public Sources. You shall furnish us all plans, drawings, surveys, deeds and other documents in your possession, or that come into your possession,which may be related to the Services, and shall inform us in writing about all special criteria or requirements related to the Services (together, 'Information'). We may obtain deeds, plats,maps and any other information filed with or published by any governmental or quasi-governmental entity (together, 'Public Information'). Unless we are engaged in writing as an additional service to independently verify such, we may rely upon Information and Public Information in rendering Services. We shall not be responsible for errors or omissions or
additional costs arising out of our reliance on Information or Public Information. You agree to give prompt notice to us of any development or occurrence that affects the scope or timing of Services, or any defect in the final work submitted by us, or errors or omissions of others as they are discovered. We shall not be responsible for any adverse consequence arising inwhole or in part from your failure to provide accurate or timely information, approvals and decisions, as required for the orderly progress of the Services.
Io. Plan Processing. We may submit plans and related, or other, documents to public agencies for approval. However, it may be necessary, in order to serve your interests and needs, for us to perform special processing, such as attending meetings and conferences with different agencies, hand carrying plans or other documents from agency to agency, and other special services. These special services are not induded in the basic fee and shall be performed as additional services on an hourty fee basis in accordance Paragraph 5 above.
Attachment A I Rev. 10.2020 I Page 1
5.e.a
Packet Pg. 20 Attachment: SRRIFA Sewer Pump Station Proposal Letter.2021.08.24 (2813 : Approval of Engineering Agreement for Rage Plastics Pump
I Dewberry· 11. Meetings and Conferences. To the extent the Agreement provides, we will attend meetings and conferences that you, or your representatives, reasonably require. Furthermore,we will meet on an as-needed basis with public agencies that might be in\/Olved in the Project Because we cannot forecast the scope and nature of these meetings and
conferences, we will perform meeting and conference services on an hourly fee basis in accordance with our applicable hourly rate schedule. 12.Your Claims. You release us from, and waive, all claims of any nature for any and all errors or omissions by us related to our performance under this Agreement, or in theperformance of any supplementary services related to this Agreement, unless you have strictly complied with all of the following procedures for asserting a claim, as to which
procedures time is of the essence:a.You shall give us written notice within 10 days of the date that you discover, or should, in the exercise of ordinary care, have discovered that you have, or may have, aclaim against us. If you fail to give us written notice within such 10 days, then such claim shall forever be barred and extinguished.
b.If we accept the claim, we shall have a reasonable time to cure any error or omission and any damage. This shall be your sole remedy, and you must not have caused theerror or omission, or any damage resulting from the error or omission, to be cured, if we are ready, willing and able to do so.c.If we reject the claim, we shall give you written notice of our rejection within 30 days of our receipt of your notice of claim. You shall then have 60 days to give us an opinion
from a recognized expert in the appropriate discipline, corroborating your claim that we committed an error or omission, and establishing that the error or omission arosefrom our failure to use the degree of care ordinarily used by professionals in that discipline in the jurisdiction local to the Project. If you fail to give us such an opinion from a recognized expert within 60 days from the date we send you notice of our rejection of the claim, then such claim shall forever be barred and extinguished.d.We shall have 60 days from receipt of your expert's written opinion to reevaluate any claim asserted by you. If we again reject such claim, or if the 60-day periodfrom receipt of the written opinion of your expert elapses without action by us, then you may have recourse to such other remedies as may be provided under thisAgreement.
13. Hazardous or Toxic Wastes or Substances, Pollution or Contamination. You acknowledge that Services rendered under this Agreement may be affected by hazardous or toxicwastes or substances, or pollution or contamination due to the presence of hazardous or toxic wastes or substances. To induce us to enter into this Agreement, you agree to indemnify,defend and hold us harmless from and against any and all liability, loss, damages, claims and demands for loss, damages, property damages or bodily injury, that relate, in any way, toboth (a) hazardous or toxic wastes or substances, or pollution or contamination due to the presence of hazardous or toxic wastes or substances, and (b) the performance by us of our
obligations under the Agreement, whether or not such performance by us is claimed to have been, or was, or may have been, negligent. Unless otherwise expressly set forth in thisAgreement, we shall have no responsibility for searching for, or identifying, any hazardous or toxic wastes or substances, or pollution or contamination due to the presence of hazardousor toxic wastes or substances; but if we discover or suspect the presence of any such wastes, substances, pollution or contamination due to the presence of hazardous or toxic wastes or substances, then we, in our sole disaetion, and at any time, may stop work under, or terminate, this Agreement. in which event we wiM have no further liability to you for performanceunder this Agreement, and you shall make the payments to us required by Paragraph 14 of the STCs.14. Termination. Either party may terminate the Agreement if the other party materially breaches the Agreement and does not cure the breach within 7 days after receMng notice of
the breach from the non-breaching party. You shall immediately pay us for our Services rendered and expenses incurred through the termination date, including fees andexpenses that we incur as a result of the termination. 15.Payment of Other Professionals. If this Agreement includes continuation of services begun by other architects, engineers, planners, surveyors, or other professionals, we may suspend our Services until you make arrangements satisfactory to such other professionals for payment. If satisfactory arrangements have not been made within a time determined by us
to be reasonable, then we may in our sole discretion terminate this Agreement16.Assignment and Third.Party Beneficiaries. Neither party shall assign or transfer any rights, interests or claims arising under this Agreement without the written consent of the
other, provided, however, that we are permitted to 0) employ independent consultants, associates, and subcontractors as we may deem necessary to render the Services, (ii) assignour right to receive compensation under this Agreement, and (iii) transfer the Agreement to an affiliate of ours, in our sole discretion, with written notice to you (an affiliate for purposesof this Paragraph 16 is defined as any other business entity that directly or indirectly, through one or more intermediaries, controls, is controlled by, or is under common control with,
us). This Agreement does not confer any benefit or right upon any person or entity other than the parties, except that our partners, members, managers, directors, officers,employees, agents and subcontractors shall have and be entitled to the protection afforded us under Paragraphs 9, 12, 13, 16, 20 and 22 of this Agreement17. Applicable Law and Forum Selection. The Commonwealth of Virginia's laws shall govern this Agreement in all respects, including matters of construction, validity, and
performance. Except as provided in Paragraph 18, the parties agree that the courts of Fairfax County, Virginia, and the Federal District Court, Eastern District of Virginia, AlexandriaDivision, (together, 'Courts') shall have exclusive jurisdiction over any controversy, including matters of construction, validity, and performance, arising out of this Agreement. The parties consent to the jurisdiction of the Courts and waive any objection either party might otherwise be entiUed to assert regarding jurisdiction. The parties irrevocably waive all right to
trial by jury in any action, proceeding, or counterclaim arising out of or related to this Agreement 18.Arbitration of Our Claims for Compensation. Instead of proceeding in court, we, in our sole and absolute discretion, may submit any claim for compensation due us under thisAgreement to arbitration in Fairfax County, Virginia in accordance with the Construction Industry Arbitration Rules of the American Arbitration Association, and judgment upon the
arbitration award may be entered in any court having jurisdiction. You agree not to assert any counterclaim or any defense by way of set-off in such arbitration, and thatthe arbitrator orpanel shall have no authority to consider, or to render, an award based upon any such counterclaim or defense by way of set-off. We shall have the right to withdraw our demand forarbitration at any time before the arbitration hearing starts by gMng written notice to the arbitrator or panel and you; and upon the giving of such notice by us, the arbitration shall
terminate, no award shall be rendered, and we may then pursue our remedies in accordance with Paragraph 17 above.19. Severability. If any part, term, or provision of this Agreement is held to be Hlegal or unenforceable, the validity and enforceability of the remaining parts, terms, and provisions of thisAgreement shall not be affected, and each party's rights shall be construed and enforced as if the Agreement did not contain the illegal or unenforceable part, term, or provision.
20.Limitations on Liability. In recognition of the relative risks and benefits of the Project to you and us, you agree, that our liability for aiy loss, damages, property damages or bodilyinjury of or to you caused in whole or in part by us in the perfonnance of this Agreement or any supplementary services in any way related to this Agreement, shall be limited in theaggregate to the amount of fees that you have paid to us for the Services. The parties intend that the foregoing limitation on liability shall apply to all claims, whether sounding in tort,
contract, warranty, or otherwise. You release, waive, and shall not seek contribution from, or indemnification by, us for any claims of any nature made against you by any other person
who may suffer any loss, danages, property damages or bodily injury in any manner associated with our services, or any supplementary services in any way related to this AgreementNotwithstanding anything to the contrary elsewhere in the Agreement, we shall not be liable to you, in any event or for any amount, for delays; or for consequential, special or incidental
damages; or for punitive or exemplary damages; or for the cost to add an item or component that we omitted from the instruments of service due to our negligence, to the extent that item or component would have otherwise been necessary, or adds value or betterment to the Project Should you find the terms of this Paragraph 20 unacceptable, we are prepared tonegotiate a modification in consideration of an equitable surcharge to pay our additional insurance premiums and risk. 21.Payment of Attorney's Fees. The losing party shall pay the winning party's reasonable attorney's fees and expenses for the prosecution or defense of any cause of action, claim
or demand arising under this Agreement in any court or in arbitration.22.Indemnification. You agree to indemnify, defend and hold us harmless from and against any and all liability, loss, damages, claims and demands for loss, damages, property damagesor bodily injury, arising out of ads or omissklns by you, or your contractor, subcontractor or other independent company or consultant employed by you to work on the Project, or their
respective partners, members, managers, directors, officers, employees, agents or assigns; or arising out of any other operation, no matter by whom committed or omitted, for and onbehalf of you, or such contractor, subcontractor or other independent company or consultant whether or not due in part to errors or omissions by us in the perfonnance of this Agreement, or in the performance of any supplementary service in any way related to this Agreement provided that you are not required to indemnify and hold us harmless under this
Paragraph 22 in the event of our sole negligence. 23. Integration Clause. The Agreement represents the entire agreement of the parties. No prior representations, statements, or inducements made by either us, you, or therespective agents of either, that is not contained in the Agreement shall enlarge, modify, alter, or otherwise vary the written terms of the Agreement unless they are made in writing
and made a part of the Agreement by attachment, incorporated by reference in the Agreement or signed or initialed on behaH of both parties.24. Notice. Any notices issued to us shall be sent to our project manager with a copy sent via email to Notices@dewberry.com or mailed to 8401 Arlington Blvd, Fairfax VA220131, Attn: Legal Department.
Attachment A I Rev 10.2020 I Page 2
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Packet Pg. 21 Attachment: SRRIFA Sewer Pump Station Proposal Letter.2021.08.24 (2813 : Approval of Engineering Agreement for Rage Plastics Pump
Finance Committee
EXECUTIVE SUMMARY
ACTION ITEM
Agenda Title: Authorization to Execute On Call Engineering Agreements (Staff Contact:
Richard N. Hicks)
Staff Contact(s): Richard N. Hicks
Agenda Date: October 19, 2021 Item Number: 5.f
Attachment(s):
Reviewed By:
SUMMARY:
The former Pittsylvania County Service Authority had existing agreements with three (3)
engineering firms for on call services for professional services related to water and sewer
infrastructure needs. Those contracts will soon expire and, since the County is now responsible
for the utility system, County Staff advertised for proposals from qualified firms to
furnish/provide and establish one (1) or more contracts through competitive negotiations for
engineering services. On September 23, 2021, the County received eight (8) proposals. Each
proposal was independently evaluated and scored by County Staff. After tabulating the scores
for all proposals, the reviewers all agreed on the top four (4) firms and recommends that the
Board authorize the County Administrator to execute agreements with the four (4) firms for on
call engineering services. The four (4) firms recommended are as follows:
• Dewberry;
• Freese and Nichols (Currently working on long range water and sewer plan);
• McGill (Staff of 140 with offices in North Carolina and Virginia); and
• AECOM (Staff of 1,000 with five (5) offices in Virginia)
Each firm has a wide range of experience and each one offers some unique qualifications that the
County can draw on for future projects.
FINANCIAL IMPACT AND FUNDING SOURCE:
Budgets will be developed and presented to the Board as various capital projects materialize and
move forward.
RECOMMENDATION:
County Staff recommends the Board approve authorization for the County Administrator to enter
in on-call agreements with the four (4) engineering firms listed above.
MOTION:
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“I make a Motion authorizing the County Administrator to execute on-call agreements for
engineering services with the four (4) engineering firms listed above.”
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Finance Committee
EXECUTIVE SUMMARY
ACTION ITEM
Agenda Title: Horseshoe Road Waterline Extension Engineering Proposal Approval
(Staff Contact: Chris Adcock)
Staff Contact(s): Chris Adcock
Agenda Date: October 19, 2021 Item Number: 5.g
Attachment(s): 2021.10.14 - Pittsylvania County Public Works Horseshoe Road
Waterline
Reviewed By:
SUMMARY:
At the September 21, 2021, Finance Committee Meeting, the Committee approved utilizing
some of the County’s American Rescue Plan Act (“ARPA”) funding allocation for a water
system extension along Horseshoe Road. The initial extension considered, based on a citizen
petition, stopped near the intersection of Horseshoe Road and Ed Hardy Road. After that
discussion, it was requested by Supervisor Scearce to investigate continuing the extension back
around to Highway 58, which would complete the loop.
County Public Works Staff reached out to Dewberry for a proposal to complete the engineering
design, bidding, and construction administration for the Project. Dewberry provided two (2)
options, one (1) for the initially proposed extension, and one (1) for the complete loop. For the
Finance Committee’s review and consideration, Dewberry’s proposal is attached.
Due to economic uncertainty and other supply issues related to the Covid-19 Pandemic,
Dewberry’s construction cost estimate is higher than what was originally discussed. Those
estimates, for Option #1 and Option # 2, are also attached for the Finance Committee’s review
and consideration.
FINANCIAL IMPACT AND FUNDING SOURCE:
Funds will be used from the County’s American Rescue Plan Act (“ARPA”) funding allocation.
RECOMMENDATION:
For the Committee’s review and consideration.
MOTION:
For the Committee’s review and consideration.
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Page 1 of 3
October 14, 2021 Mr. Chris Adcock, PE Public Works Director Pittsylvania County 405 R and L Smith Road Danville, VA 24540 Re: Horseshoe Road Waterline Extension Dear Mr. Adcock, Dewberry Engineers Inc. (Dewberry) is pleased to present herein our proposal for professional
engineering services to provide design documents and construction administration services for a waterline extension along Horseshoe Road in Pittsylvania County. UNDERSTANDING OF THE PROJECT Pittsylvania County (County) recently received federal stimulus funds to support infrastructure improvements. Horseshoe Road is located west of Danville and has been a high priority for extension of water service to the community for many years. Waterline currently exists from US 58 to Hyler Farm Lane (0.5 mile). Twenty-two residents on Horseshoe Road signed a petition in 2017 requesting to extend water to this neighborhood in response to poor well water quality and well performance in the area. To serve existing residents and to prepare for future growth, the County desires to consider two (2) options: 1. Waterline extension along Horseshoe Road from Hyler Farm Lane to Ed Hardy Road (2.3 miles); 2. Waterline loop along Horseshoe Road from Hyler Farm Lane to US 58 (4.3 miles). The anticipated construction cost for option 1 is estimated to be $1.0 - $1.5 million, and option 2 is estimated to be $1.5 - $2.0 million. SCOPE OF SERVICES 1. Survey
• Call in a Miss Utility ticket to mark all known utilities in the project area.
• Perform feature and topographic survey from US 58 along Horseshoe Road to Ed Hardy Road (Option 1, ±12,400 LF). If desired, the whole loop along Horseshoe Road to reconnect to US 58 is 22,710 LF (Option 2).
• Survey ditchlines, culvert pipe, top of curbs, bottom of curbs, centerline of road, existing marked utilities within the road, and utilities at cross streets 40’ up into the cross street.
• Reduce all field data for preparation of base drawings. 2. Design
• Obtain available record information from the County of existing conditions.
• Obtain standard design details and specifications from the County.
• Obtain any ARPA construction contract requirements to be implemented in the design or specifications.
• Notify VDH of the project and identify any up-front concerns to implement into the design. Hold a pre-design meeting if VDH wishes to participate.
• Coordinate preliminary design with VDOT regarding work to be performed within the right-of-way.
• Coordinate with power, gas, and telecommunication companies as necessary for approval of design.
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Mr. Chris Adcock, PE October 14, 2021
Page 2 of 3
• Consider existing water usage, resiliency, and potential growth for sizing new waterline.
• Develop a preliminary set of construction drawings and specifications for distribution to regulatory agencies.
• Prepare the required permit applications and respond to up to two (2) rounds of comments.
Required changes to the plans and specifications will be made to meet regulatory requirements. Expected permits are:
o DEQ General Construction Permit o Pittsylvania County Land Disturbance Permit
o VDOT Land Use Permit o VDH General Construction Permit
• Prepare 90% specifications and drawings for County review and comment.
• Provide a refined cost estimate at 90% design for funding purposes.
• Prepare 100% specifications and drawings for bidding. 3. Construction Administration
• Prepare an advertisement to be used for advertising project.
• Provide notification to at least four (4) general contractors with the capability to perform work.
• Distribute construction documents to prospective bidders and to the successful bidder for
construction purposes.
• Provide bid documents to at least two (2) plan rooms.
• Conduct a pre-bid meeting.
• Field contractor questions and issue addenda.
• Conduct bid opening.
• Assist in review and award of bids.
• Prepare Agreement between Contractor and Owner.
• Conduct a pre-construction meeting.
• Review and approve shop drawings.
• Answer Contractor RFIs.
• Approve pay requests.
• Execute change orders.
• Provide up to six (6) site visits for inspection following progress meetings. Two (2) virtual
progress meeting will be held for progress meetings not requiring a visit to the site.
a. Two (2) additional meetings will be held for the full loop option.
• Provide up to four (4) additional inspection site visits as needed to resolve field conflicts.
• Prepare a record set of documents for distribution. CLARIFICATIONS
1. The County may be required to abide by federal funding guidelines for distribution of ARPA funds, including but not limited to Davis Bacon Act and American Iron and Steel. Dewberry will review shop
drawing certifications for AIS, however, Davis Bacon interviews and required paperwork will be performed by others. 2. Fees for permits are not included. Anticipated permit fees can be paid by the contractor (i.e. VDOT, local land disturbance). There is no fee associated with a VDH construction permit.
3. Disturbance is anticipated to be over one (1) acre and a DEQ General Construction Permit is expected. This permit fee is based on total disturbance and is anticipated to be $2,700 with
disturbance under 5 acres. 4. The County will mark all water and sewer utilities ahead of the survey crew.
5. It is assumed the waterline can be constructed within the existing VDOT right-of-way and no easements will be obtained for this project.
6. Geotechnical and environmental investigations are not anticipated and not included in the scope of services.
7. Full time resident inspection services will be provided by others.
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Mr. Chris Adcock, PE October 14, 2021
Page 3 of 3
8. The County shall provide required GIS waterline information for basic hydraulic modeling necessary for VDH approval. FEES Dewberry proposes to complete the above Scope of Services for the following two (2) options:
Option 1: Hyler Farm Lane to Ed Hardy Road (2.3 miles)
LI Task Lump Sum Fee
1 Survey $24,300
2 Design $64,400
3 Construction Administration $27,500
Option 1 Lump Sum Fee $116,200
Option 2: Waterline Loop from Hyler Farm Lane to US 58 (4.3 miles)
LI Task Lump Sum Fee
1 Survey $45,400
2 Design $98,000
3 Construction Administration $41,900
Option 2 Lump Sum Fee $185,300
This proposal is subject to our Standard Terms & Conditions included in our on-call contract with the Pittsylvania County Public Works. The receipt of an executed copy of this proposal will serve as our authorization to proceed. We appreciate the opportunity to present this proposal and look forward to working with Pittsylvania County on this project.
Sincerely,
R. Scott Ehrhardt, PE Brian K. Bradner, PE
Senior Associate | Project Manager Vice President | Branch Manager
R:\Proposal Letters\Engineering\2021.10.13 - Pittsylvania County Public Works Horseshoe Road Waterline.docx The foregoing proposal of Dewberry Engineers Inc. is accepted:
Print (Type) Individual, Firm, or Corporate Name Signature of Authorized Representative Date
Print (Type) Name of Authorized Representative and Title
This proposal includes information that shall not be disclosed outside of the CLIENT and shall not be
duplicated, used, or disclosed, in whole or in part, for any purpose other than to evaluate this proposal. If,
however, a contract is awarded to this offeror as a result of, or in connection with, the submission of this
information, CLIENT shall have the right to duplicate, use, or disclose the information to the extent
provided in the resulting contract. This restriction does not limit CLIENT’s right to use information
contained in this information if it is obtained from another source without restriction.
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Finance Committee
EXECUTIVE SUMMARY
ACTION ITEM
Agenda Title: FRC's ARPA Funds Utilization Process Recommendation (Staff Contact:
Christopher C. Slemp)
Staff Contact(s): Christopher C. Slemp
Agenda Date: October 19, 2021 Item Number: 5.h
Attachment(s):
Reviewed By:
SUMMARY:
At the August Fire and Rescue Commission’s (“FRC”) August Meeting, the FRC heard from the
FRC’s Ad Hoc Committee, appointed to develop how the ARPA money should be allocated
among the County’s Fire and Rescue Agencies. The Ad Hoc Committee suggested that the funds
be divided and allow each Volunteer Fire and Rescue Agency to apply for up to a maximum of
$43,000. Moreover, the Ad Hoc Committee further suggested that an Agency can apply to use their
funds for more than one (1) project, but they may not exceed $43,000 total funding. Per direction
from the full FRC, an application packet is being developed by the Ad Hoc Committee that will be
distributed among the Agencies. The FRC plans to start accepting applications on November 1,
2021, with a deadline to apply by March 31,2021.
When necessary, the Ad Hoc Committee will review, grade, and make recommendations back to the
full FRC as to funding recommendations. Once an award is made, the Agency will have up to twelve
(12) months to complete its project(s). As the legal usage of ARPA funds are rather restrictive,
federal purchasing guidelines will need to be followed. Some suggested uses are SCBA replacement,
improvements to Agency stations (such as HVAC, ventilation improvements, touchless fixtures, and
switches, improving sleeping quarters, other general station improvements), and air cleansing
systems for both stations and ambulances.
The FRC unanimously recommended sending the above-proposed ARPA funds cultivation process to
the Finance Committee for review and a recommendation to the full Board for potential approval.
FINANCIAL IMPACT AND FUNDING SOURCE:
ARPA funds.
RECOMMENDATION:
County Staff recommends the Finance Committee recommend the approval of the FRC’s ARPA
above-funds utilization process to the full Board for potential approval at its October Business
Meeting.
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MOTION:
“I make a Motion to recommending the approval of the FRC’s ARPA above-funds utilization
process to the full Board for potential approval at its October Business Meeting.”
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Finance Committee
EXECUTIVE SUMMARY
ACTION ITEM
Agenda Title: FEMA Mitigation Grant Application Approval (Staff Contact:
Christopher C. Slemp)
Staff Contact(s): Christopher C. Slemp
Agenda Date: October 19, 2021 Item Number: 5.i
Attachment(s):
Reviewed By:
SUMMARY:
The County can apply for a FEMA Mitigation Grant to add generators to critical infrastructure
facilities (“Project”). The County will be responsible for a maximum twenty-five percent (25%)
of the total cost of the Project. FEMA will cover seventy-five percent (75%) of the Project and
historically the State will fund fifteen to eighteen percent (15 - 18%). The State’s cost share is
not known until the Grants are awarded. It is recommended that the County pursue generators
for the following locations:
• County Administration (upgrade to proper size);
• Old 640 Rescue Squad Building;
• New Hurt EMS Station;
• Public Safety Administration; and
• Hancock Building
County Public Safety Staff is applying for a total cost of $246,000 for the Project. A maximum
of twenty-five percent (25%) of that cost would be $61,500. These Grants are usually awarded
in Spring and have historically been a two (2)-year period to expend the funding. Historically,
the County has had to cover less than ten percent (10%) of the cost after the State does cost
sharing.
FINANCIAL IMPACT AND FUNDING SOURCE:
The maximum cost to the County would be $61,500.
RECOMMENDATION:
County Public Safety Staff recommends the Finance Committee recommend to the full Board to
authorize it to pursue the FEMA Grant for the Project as presented.
MOTION:
“I make a Motion to recommend to the full Board to authorize County Public Safety Staff to
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pursue the FEMA Grant for the Project as presented.”
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