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2022_11_15_Council_Agenda_Packet_REVISED
TOWN OF LEESBURG Town Hall, 25 West Market Street AGENDA Town Council Meeting November 15, 2022 7:00 PM Council Chamber 1. CALL TO ORDER 2. INVOCATION a. Council Member Steinberg 3. SALUTE TO THE FLAG a. Vice Mayor Martinez 4. ROLL CALL 5. MINUTES a. Regular Session Minutes of October 25, 2022 (Council Member Bagdasarian Absent) 6. ADOPTING THE MEETING AGENDA (AMENDMENTS AND DELETIONS) 7. CERTIFICATES OF RECOGNITION 8. PROCLAMATIONS a. Boy Scouts Troop 982 40th Anniversary (Boy Scouts Troop 982) b. National Veterans and Military Families Month (Ray Delpesche) c. National Diabetes Awareness Month (Amish Gandhi) d. Small Business Saturday (Tara Flynn, Deborah Morbeto, Tammy Krohn, Dana Green, Tatiana McKenzie, Godfrey McKenzie, and Paige Lobuts) e. Battery Warehouse 30th Anniversary (Oleg Tatchin) f. RJ's Deli 35th Anniversary Proclamation (Sponsor: Council Member Fox) MOTION I move to approve the Proclamation for RJ's Deli 35th Anniversary to be proclaimed at the November 29, 2022, Town Council Meeting. g. In Memory of Robert C. Wright (Sponsor: Mayor Burk) MOTION I move to approve the Proclamation In Memory of Robert C. Wright to be proclaimed at the November 29, 2022, Town Council Meeting. REVISED 1 -2- 9. PRESENTATIONS 10. REGIONAL COMMISSION REPORTS 11. PETITIONERS 12. APPROVAL OF THE CONSENT AGENDA a. Annual Pool Chemical Contract Award for Ida Lee Park RESOLUTION Awarding the Annual Pool Chemicals Contract for Ida Lee Park to Amato Industries in the amount of $57,721.50 b. Fueling Contract with GPM Empire, LLC RESOLUTION Authorization to Enter into a Cooperative Agreement with GPM Empire, LLC, (Formerly Quarles Petroleum) for Fueling Services c. Rehabilitation Project at the Water Pollution Control Facility - Primary Clarifiers and Gravity Thickeners RESOLUTION Awarding the Construction Contract for the Primary Clarifiers and Gravity Thickeners Rehabilitation Project at the Water Pollution Control Facility to CPP Construction Company, Inc. in the amount of $2,194,500 d. Odor and Grease Elimination for Wastewater Collection Systems RESOLUTION Award a Contract for Odor and Grease Elimination Services for Town Wastewater Collection Systems to Eco Global Sales e. Appointment to the Board of Architectural Review ORDINANCE Appointing Robert Nichols to the Board of Architectural Review f. Appointment to the Commission on Public Art RESOLUTION Appointing Rebecca Takemoto to the Commission on Public Art g. Appointment to the Planning Commission RESOLUTION Appointing Jennifer Canton to the Planning Commission 2 -3- h. Battlefield Parkway and Route 15 Bypass Interchange Project – Preferred Alternative RESOLUTION Endorsement of the Preferred Alternative for the Interchange Access Report for the Battlefield Parkway and Route 15 Bypass Interchange Project i. Tourism and Technology Zones - REVISED RESOLUTION Authorizing the Development of a Draft Local Incentive Initiative to Include the Creation of a Tourism Zone and a Technology Zone for Future Council Consideration j. Supplemental Appropriation for Compass Creek Annexation RESOLUTION Approving a Supplemental Appropriation for the Compass Creek Annexation 13. RESOLUTIONS / ORDINANCES / MOTIONS a. Initiation of Zoning Ordinance Batch Amendments RESOLUTION Initiating Zoning Ordinance Batch Amendments b. Aesthetics of Temporary Outdoor Dining Structures in the Downtown RESOLUTION Amending the Zoning Ordinance to Increase Design Control and/or Discretionary Review for Temporary Tents and Shade Structures in the B-1 and H-1 Zoning Districts b. 2023 Town Calendar RESOLUTION Approval of 2023 Town Calendar c. Motion to Rescind Resolution 2022-123 MOTION I move to rescind Resolution 2022-123 - Authorizing Funds up to $5,000 for an Interpretive Exhibit for the Black History Mural Project adopted on September 27, 2022. d. Board of Zoning Appeals Appointee to the Circuit Court RESOLUTION Extension of Board of Zoning Appeals Appointee to the Circuit Court 3 -4- 14. PUBLIC HEARINGS a. Renewal of License Agreement with Lumos Networks, Inc. - Installation of Telecommunications Facilities within Town Rights-of-Way RESOLUTION Authorizing Renewal of a License Agreement between the Town of Leesburg and Lumos Networks, Inc. for Telecommunications Facilities within Town Rights-of-Way 15. UNFINISHED BUSINESS 16. NEW BUSINESS 17. COUNCIL DISCLOSURES AND COMMENTS / ADDITIONS TO FUTURE MEETINGS a. Future Council Meetings and Agenda Topics 18. MAYOR DISCLOSURES AND COMMENTS / ADDITIONS TO FUTURE MEETINGS 19. TOWN MANAGER COMMENTS 20. CLOSED SESSION 21. ADJOURNMENT ASSISTIVE LISTENING SYSTEM Qualified individuals with a disability who require a reasonable accommodation to attend and/or participate in this meeting should contact the Clerk of Council at eboeing@leesburgva.gov or 703-771-2733 to request the accommodation. Three days advance notice is requested. Meetings are broadcast live on the Town’s local government access cable TV channel (Comcast 67 and Verizon 35) and streamed live on the website at www.leesburgva.gov/webcasts. All Town Council, Board and Commission meetings are recorded and can be found on the Town’s Web site at www.leesburgva.gov. 4 -5- REGULARLY SCHEDULED COUNCIL MEETINGS Citizens are invited to attend and participate in Town Council meetings. The petitioner’s portion of the meeting and scheduled public hearings offer the public two opportunities to present its views to the Council during its meeting. Petitioners The petitioners’ portion of the Council agenda is the first item addressed by the Council following proclamations, certificates of appreciation, regional commission reports and presentations. This part of the meeting gives individuals the opportunity to address the Council on any matter not scheduled for a public hearing. Prior to the meeting, citizens wishing to speak should sign up on the Town’s Web site at https://www.leesburgva.gov/government/mayor- council/current-council-agenda by 4:00 p.m. the day of the meeting or on the signup sheet in the hallway outside of the Council Chamber the night of the meeting. The Mayor will give anyone the opportunity to speak that did not get a chance to sign up. Petitioners’ comments are limited to between three and five minutes at the Mayor’s discretion. Public Hearings Certain Town business items can only be conducted after the Town Council holds an advertised public hearing. Certain major issues affecting the Town’s government can also be scheduled for public hearing at Council’s discretion. Adoption of the Town budget, rezonings, special exceptions and amendments to the Town’s subdivision and zoning ordinances all require a public hearing. Prior to the meeting, citizens wishing to speak at a public hearing may sign up on the Town’s Web site at https://www.leesburgva.gov/government/mayor-council/current-council-agenda by 4:00 p.m. the day of the meeting or on the signup sheet in the hallway outside of the Council Chamber the night of the meeting. The Mayor will give anyone the opportunity to speak who did not get a chance to sign up. Public hearing comments should be limited to the topic of the public hearing and speakers will be given between three and five minutes at the Mayor’s discretion. If you wish to speak at more than one public hearing, you must sign up for each hearing separately. Decorum A person addressing the Council as a petitioner, or during a public hearing, should advance to the podium when recognized by the Mayor and state and spell his or her name for the purpose of closed captioning. If comfortable doing so, speakers should provide their address for the record. Persons should also indicate whether they are representing anyone other than themselves. Decorum will be maintained. Statements, which are demeaning or defamatory to members of the public, the staff or the Council, are inappropriate and out of order. OTHER COUNCIL MEETINGS Work Sessions Council meets twice per month, or more often as necessary, to discuss items that are placed on the agenda at the desire of the majority of Council present. Items are typically discussed at a meeting at least two weeks into the future but items may be added in a shorter time frame in accordance with Council’s adopted rules and procedures. Closed Sessions Under certain circumstances, the Virginia Freedom of Information Act permits the Town Council to meet in a session where the public is excluded. This may be a discussion of personnel matters, legal matters, the acquisition or sale of property and other selected topics. The Council can only go into closed session to discuss topics specifically exempted from the open meeting requirements and all closed sessions must be properly noticed and appropriate Code sections cited as to the specific statutory authority to go into closed session. The notice must also include the general topics to be discussed. Only those matters in the adopted motion to go into closed session can be discussed and members in attendance must certify that only those topics were discussed when they return to an open session. TOWN COUNCIL AGENDA MATERIALS Council agenda materials are available to citizens by end of day Wednesday immediately preceding the set of Council Meetings. Council agenda materials are posted to the Town Web site at https://www.leesburgva.gov/government/mayor-council/current-council-agenda. Meeting agenda packets are available for public inspection in the lobby of Town Hall on Wednesdays prior to the scheduled meeting. Council agendas can also be viewed on the Town’s Web site at https://www.leesburgva.gov/government/mayor- council/current-council-agenda. 5 COUNCIL MEETING October 25, 2022 1 | P a g e Council Chamber, 25 West Market Street, Leesburg, Virginia, 7:00 p.m. Mayor Kelly Burk presiding. Council Members Present: Zach Cummings, Suzanne Fox, Vice Mayor Marty Martinez, Kari Nacy, Neil Steinberg, and Mayor Kelly Burk. Council Members Absent: Ara Bagdasarian. Staff Present: Town Manager Kaj Dentler, Town Attorney Christopher Spera, Deputy Town Manager Keith Markel, Public Works and Capital Projects Director Renee LaFollette, Transportation Engineer Calvin Grow, and Clerk of Council Eileen Boeing. AGENDA ITEMS 1. CALL TO ORDER 2. INVOCATION was given by Council Member Nacy. 3. SALUTE TO THE FLAG was led by Council Member Steinberg. 4. ROLL CALL 5. MINUTES a. Regular Session Minutes of October 11, 2022 MOTION 2022-192 On a motion by Council Member Steinberg, seconded by Council Member Cummings, the minutes of the Regular Session of October 11, 2022, were moved for approval. Council Member Nacy was absent at the October 11, 2022, meeting and abstained from the vote. The motion was approved by the following vote: Aye: Cummings, Fox, Vice Mayor Martinez, Steinberg and Mayor Burk Nay: None Vote: 5-0-1-1 (Nacy abstain, Bagdasarian absent) 6. ADOPTING THE MEETING AGENDA MOTION 2022-193 On a motion by Council Member Fox, seconded by Council Member Cummings, the meeting agenda was moved for approval. The motion was approved by the following vote: Aye: Cummings, Fox, Vice Mayor Martinez, Nacy, Steinberg and Mayor Burk Nay: None Vote: 6-0-1 (Bagdasarian absent) 6 Item a. COUNCIL MEETING October 25, 2022 2 | P a g e 7. CERTIFICATES OF RECOGNITION a. None. 8. PRESENTATION OF PROCLAMATIONS a. National American Indian Heritage Month Mayor Burk read the National American Indian Heritage Month proclamation and presented it to Mary Hemings Bell Chapter of the Daughters of the American Revolution representative Anne Ballenger who made a few remarks. b. Boy Scouts Troop 982 40th Anniversary Proclamation MOTION 2022-194 On a motion by Mayor Burk, seconded by Council Member Cummings, the following was proposed: I move to approve the Proclamation for the Boy Scouts Troop 982 40th Anniversary to be proclaimed at the November 15, 2022, Town Council Meeting. The motion was approved by the following vote: Aye: Cummings, Fox, Vice Mayor Martinez, Nacy, Steinberg and Mayor Burk Nay: None Vote: 6-0-1 (Bagdasarian absent) c. Battery Warehouse 30th Anniversary Proclamation MOTION 2022-195 On a motion by Council Member Fox, seconded by Council Member Cummings, the following was proposed: I move to approve the Proclamation for the Battery Warehouse 30th Anniversary to be proclaimed at the November 15, 2022, Town Council Meeting. The motion was approved by the following vote: Aye: Cummings, Fox, Vice Mayor Martinez, Nacy, Steinberg and Mayor Burk Nay: None Vote: 6-0-1 (Bagdasarian absent) 9. PRESENTATIONS a. None. 10. REGIONAL COMMISSION REPORTS a. None. 11. PETITIONERS The Petitioner's Section was opened at 7:43 p.m. 7 Item a. COUNCIL MEETING October 25, 2022 3 | P a g e Sarah Richardson, 349 Shenandoah Street SE. Spoke to Council requesting assistance regarding the maintenance of streetlights in the Virginia Knolls community. The Petitioner's Section was closed at 7:43 p.m. 12. APPROVAL OF THE CONSENT AGENDA MOTION 2022-196 On a motion by Council Member Cummings, seconded by Council Member Fox, the following Consent Agenda was proposed: a. Loudoun County Affordable Housing Task Force RESOLUTION 2022-128 Endorsing Town Staff Participation on the Loudoun County Affordable Housing Task Force and Supporting Further Collaboration with the County on Strategies and Actions That Work Towards Common Housing Affordability Goals b. Amendment to Right of Way License Agreement with Lumos Networks RESOLUTION 2022-129 Authorizing a Fourth Amendment to License Agreement with Lumos Networks, Inc. for Telecommunications Facilities within Town Rights-of-Way c. Appointment to the Diversity Commission RESOLUTION 2022-130 Appointing Edgard Segura to the Diversity Commission d. Appointment to the Diversity Commission RESOLUTION 2022-131 Appointing Christine Kopp to the Diversity Commission The Consent Agenda was approved by the following vote: Aye: Cummings, Fox, Vice Mayor Martinez, Nacy, Steinberg and Mayor Burk Nay: None Vote: 6-0-1 (Bagdasarian absent) 13. RESOLUTIONS /ORDINANCES / MOTIONS a. None. 14. PUBLIC HEARINGS a. None. 8 Item a. COUNCIL MEETING October 25, 2022 4 | P a g e 15. UNFINISHED BUSINESS a. None. 16. NEW BUSINESS a. None. 17. DISCUSSION a. Intersection of Battlefield Parkway and Catoctin Circle Mr. Calvin Grow gave a presentation on the Battlefield Parkway and Catoctin Circle intersection, which included information on traffic volumes, speed data, and crash data. Mr. Grow shared improvements made to the intersection in recent months including trimming trees and removing shrubbery. Council and staff discussed the item. It was the consensus of Council to discuss and consider proposed improvements during the Capital Improvement Projects discussion during the Fiscal Year 2024 budget cycle. It was the consensus of Council to authorize staff and the Residential Traffic Commission to proceed with installation of driver feedback signs in the area. b. Intersection of Catoctin Circle and West Market Street Mr. Calvin Grow gave a presentation on the Catoctin Circle and West Market Street intersection where Council asked staff to consider a right turn lane for northbound Catoctin Circle onto West Market Street. Mr. Grow’s presentation included traffic volume data, crash data, and staff’s recommendations for the site. Council and staff discussed the item. It was the consensus of Council to discuss and consider proposed improvements during the Capital Improvement Projects discussion during the Fiscal Year 2024 budget cycle. 18. COUNCIL DISCLOSURES AND COMMENTS / ADDITIONS TO FUTURE MEETINGS Vice Mayor Martinez requested a motion be added to the November 15, 2022, meeting agenda to approve rescinding Resolution 2022-123 – Interpretive Exhibit for the Black History Mural Project. The motion will be added to the agenda. Mr. Dentler added that Ms. Felder also requested to independently write the narrative. Council Member Fox requested a proclamation for RJ’s Deli who is celebrating 35 years of being in business. It was the consensus of Council to present a proclamation to RJ’s Deli at a future meeting. 9 Item a. COUNCIL MEETING October 25, 2022 5 | P a g e 19. MAYOR DISCLOSURES AND COMMENTS / ADDITIONS TO FUTURE MEETINGS Mayor Burk thanked the League of Women Voters for hosting a candidate forum. Mayor Burk stated that she and Vice Mayor Martinez attended the Federal Asian and Pacific Islanders Committee e luncheon noting the organization helps Federal employees of Asian descent hone their work skills and make them more productive and desirable employees and leaders. Mayor Burk thanked Timo and Nicole Winkel for allowing her to celebrate Oktoberfest by tapping the keg at the Döner Bistro. Mayor Burk noted she met new Chief Fire Marshal Micah Kiger and that he is enthusiastic to be a partner with the Town. Mayor Burk said she had a great meeting with the Boy Scout Troop 992 and they held a mock Council Meeting. Mayor Burk disclosed she met with Russ Forno and staff to discuss the Hyundai dealership. Mayor Burk welcomed daycare facility La Petite Academy to Leesburg. Mayor Burk thanked Heritage High School for inviting her to do a ribbon cutting on their new pride patio which holds the names of all the athletes that have received awards and recognition through their 20 years at the school. Mayor Burk congratulated the NAACP on their elegant gala. Mayor Burk said the Latino Festival held at the Shenandoah Building was great fun and she was honored to attend. Mayor Burk thanked Roy Rogers for allowing her to have a Meet the Mayor event at their restaurant. Mayor Burk shared that Market Street Animal Clinic recently renovated and made improvements to their building. Mayor Burk asked for a proclamation in remembrance for Bob Wright who ran the Kiwanis Halloween Parade for 20 years but suddenly passed away this summer. It was the consensus of Council to present a proclamation in remembrance for Bob Wright at a future Council meeting. 20. TOWN MANAGER COMMENTS a. None. 21. CLOSED SESSION a. None. 22. ADJOURNMENT On a motion by Vice Mayor Martinez, seconded by Council Member Fox, the meeting was adjourned at 7:42 p.m. __________________________ Kelly Burk, Mayor Town of Leesburg ATTEST: _______________________ Clerk of Council 2022_tcmin1025 10 Item a. Page 1| October 25, 20221 October 25, 2022 – Town Council Meeting (Note: This is a transcript prepared by a Town contractor based on the video of the meeting. It may not be entirely accurate. For greater accuracy, we encourage you to review the video of the meeting that is on the Town’s Web site – www.leesburgva.gov or refer to the approved Council meeting minutes. Council meeting videos are retained for three calendar years after a meeting per Library of Virginia Records Retention guidelines.) Mayor Kelly Burk: I would like to call to order today's October 25th, 2022, meeting of the Leesburg Town Council. If anyone in the room needs hearing assistance, please see the Clerk. Council Member Nacy will be giving the invocation tonight, followed by Council Member Steinberg doing a salute to the flag. Council Member Nacy. Council Member Kari Nacy: Heavenly Father, we come to you today asking for your guidance, wisdom, and support as we begin this meeting, please help us engage in meaningful discussion. Allow us to go closer as a community and nurture the bonds of our community. Thank you. Mayor Burk: Mr. Steinberg. Please stand. Council Member Neil Steinberg: I pledge allegiance- [silence] All: -liberty and justice for all. Mayor Burk: Okay, now [unintelligible]. Okay. Let the record reflect that all members of Council are present with the exception of Mr. Bagdasarian. He's not doing it electronically, Eileen, correct? Okay. We have one set of minutes and the regular session minutes of October 11th, 2022. Do I have a motion? Council Member Zach Cummings: So moved. Mayor Burk: So moved by Council Member Cummings. Second. Council Member Steinberg: Second. Mayor Burk: Second by Council Member Steinberg. All in favor with the exception of Ms. Nacy? Council Member Nacy: Abstain. Mayor Burk: All in favor indicate by saying, Aye. Members: Aye. Mayor Burk: Opposed. Abstain. All right. That's 6-0-1. All right. Christopher Spera: 5-0-1-1. Mayor Burk: Oh, that's right. He's not here. Thank you. 5-0-1-1. Okay. Regular minutes. Okay, we did that. Adoption of the minutes, of the meeting agenda. Do I have a motion? Vice Mayor Fernando “Marty” Martinez: So moved. Mayor Burk: Vice Mayor Martinez, second Council Member Fox. Are there any additions or deletions? All in favor indicate by saying, Aye. Members: Aye. Mayor Burk: Opposed? That's 6-0-1. Okay. So today we have one proclamation that we are presenting today, and that is the National American Indian Heritage Month. I will read it into the record and it says, 11 Item a. Page 2| October 25, 20222 National American Indian Heritage Month, November 2022. Whereas the history and the culture of our great nation has been significantly influenced by the American Indians and the indigenous people, and whereas the contributions of the American Indians have enhanced the freedom, prosperity, and greatness of America today, whereas their customs and traditions are respected and celebrated as part of a rich legacy throughout the United States. Whereas, the Native American Awareness week began in 1976 and recognition was expanded by Congress and approved by President George Bush on August 1990, designating the month of November as National American Indian Heritage Month. Whereas in honor of the National American Indian Heritage Month, community celebrations, as well as numerous cultural, artistic, educational, and historic activities have been planned, and whereas we welcome Anne Ballenger of the Mary Hemings Bell Chapter of the Daughters of the American Revolution to accept this proclamation on behalf of the Town of Leesburg's community. Therefore proclaimed that the Mayor and the Council of the Town of Leesburg in Virginia do hereby recognize November as National American Indian Heritage Month and urge all our citizens to observe this month with appropriate programs, ceremonies and activities. Proclaimed this 25th day. I'm going to ask you for two motions for the others. We will present those at the next meeting, and then I will take this down and present it to Ms. Ballenger. So Boy Scout Troop 982, 40th Anniversary proclamation. I make that motion. Is there a second? Council Member Steinberg: Second. Mayor Burk: Council Member Steinberg. All in favor, indicate by saying, Aye. Members: Aye. Mayor Burk: Opposed? That's 6-0-1 and the Battery Warehouse 30th-Anniversary proclamation, I believe Ms. Fox made that motion. Is there a second? Council Member Nacy: Second. Mayor Burk: Second by Council Member Nacy. All in favor indicate by saying, Aye. Members: Aye. Mayor Burk: Opposed. That's 6-0-1. All right. Then let me take this down to Ms. Ballenger. Well, welcome, and good evening. Come on over here and we can be seen better by the TV over here. So Ms. Ballenger, if you would like to-- Yes, this is great. We are very excited to be able to present this to you. Would you mind explaining to us what is the Mary Hemings Bell Chapter of the Daughters of the American Revolution. Anne Ballenger: We were founded using the name of Mary Hemings Bell, the oldest sister of Sally Hemings. While Jefferson was in Paris, she went to work for a man named Mr. Bell, who was a widower, and they fell madly in love. When Jefferson came back from Paris, they went over together and said we wanted to get married. Of course, they couldn't, but they wanted to be-- they lived the rest of their lives as Mr. and Mrs. Bell. She was a prisoner of war for two years, held by Benedict Arnold. We are thrilled and proud to carry on information about Mrs. Bell. Mayor Burk: Mrs. Bell was originally enslaved. Anne Ballenger: Yes. Mayor Burk: Oh, I see. Wow. Was she ever freed? Anne Ballenger: She couldn't be freed, because she'd have to leave Virginia, and she had a husband. Mayor Burk: Oh, I see. 12 Item a. Page 3| October 25, 20223 Anne Ballenger: Jefferson made some kind of deal. Mayor Burk: Oh, I see. Anne Ballenger: She went over and negotiated the deal herself. Mayor Burk: Good for her. Anne Ballenger: We're proud of [crosstalk]-- Mayor Burk: Yes. [laughs] Are there many members of this particular chapter? Anne Ballenger: We're a very small chapter. We were formed during the pandemic. We're at 20 members, but we make a lot of noise. Mayor Burk: Wonderful. Thank you very much. We really appreciate that. Anne Ballenger: We appreciate your giving us the proclamation. Mayor Burk: Okay, thank you. Thank you very much. [laughs] [applause] All right. We are now at our petitioner section. Eileen Boeing: Regional commission reports? Mayor Burk: Oh, regional commissions. Oh, yes. Anybody have any regional commissions at this point? No. Seeing no one, as petitioners, one of the first orders of business is to hear from the public. All members of the public are welcome to address the Council on any item matter or issue. Please identify yourself, and if comfortable, give your address for the taped record. Every public speaker will be requested to state their name and spell it for the purpose of closed captioning. In the interest of fairness, we ask that you observed the three-minute time limit. The green light on the timer will turn yellow when you have one minute remaining. At that time, we would appreciate your summing up, and yielding the floor when the bell indicates your time is expired. Under the rules of order adopted by this Council, the time limit applies to all. The first person we have signed up is Sarah Richardson. Ms. Richardson, welcome. Sarah Richardson: Good evening, Mayor, and Town Council. Thank you for this opportunity. My name is Sarah Richardson, and my address is 349 Shenandoah Street here in Leesburg. I am here to bring to your attention two problems facing our community. During the Tuscarora Creek project, one of our parking lot lights was moved and reinstalled, and it has never worked properly since. Over the past several months, VKCA has had two different electrical companies examine the light to see if it was a simple repair. Both could not get it to work for more than a week, and were somewhat, mystified by its condition. I followed up with the Town staff and was told on July 28th, this summer, that they would look into getting quotes for repair, but I haven't heard anything. I'm here to ask for a repair of this light, and the days are getting darker, or the night, they're certainly getting shorter. I feel like this is a safety issue, and we did not create this problem, it should not be our problem to fix. The second problem concerns the street light poles in our community, and they're badly rusted. You may have seen the photos I sent. I obtained a copy of the contract regarding Dominion's obligations, and it is a one-paragraph petition by Mr. John Whipple Jr., presented to, and adopted by the Town Council in February of 1891. It's really quite extraordinary. The first sentence reads, "I respectfully ask the privilege and right to place an electric light plant within your corporate limits and to erect, and maintain poles, and wires in the streets of your city." 13 Item a. Page 4| October 25, 20224 Please note the word maintain. At my request, the Town contacted Dominion, and was told Dominion would not do anything regarding the polls. Instead, this public utility, Dominion, would grant permission to VKCA, my association to paint the poles. No other light poles in Leesburg look this bad, and one pole has a gaping hole on the side that looks potentially hazardous. These defects are a blight on the community and this Town, that should be addressed, if not by Dominion, then by the general fund of the Town of Leesburg. We look forward to solutions to these problems. Thank you for your attention. Mayor Burk: Thank you, Mr. Richardson. Know that we will definitely be looking into it. Thank you. Carmen Felder. Carmen Felder: Hello. Carmen Felder. C-A-R-M-E-N, Felder, F-E-L-D-E-R. I don't have any complaints, just happiness and joy, and love, and thank you for allowing us to do the Black History Mural. I'm the president of 89 Ways to Give founded by Santana Moss, and I'm sure you all have seen the outcome of the mural that's on the Loudoun Museum. I want to thank you all for that. I have no complaints, however, I know you all funded and I appreciate the funding of the narrative and we're thrilled to complete that on our own. I know we have put it in our project that we had the funding and that we would complete it. I just wanted to request that we complete the project as stated in our project proposal, and you'll rescind the request to have it done by the Town. Mayor Burk: May I have one clarification? Are you asking that we remove the $5,000 from the motion and that you will take over the $5,000 to--? Carmen Felder: Yes. It's already in our budget. Mayor Burk: Okay, so you've already raised money for it. Okay. Carmen Felder: Even though I'm so sorry you all, whoever denies money from the Town? We did, but I'm sure it can go to another amazing cause and we truly appreciate it, but we did have it funded already. Mayor Burk: All right. Thank you very much. Carmen Felder: Thank you. Mayor Burk: I'm sure we will be addressing that one too. There is nobody else who has signed up to speak. Is there anybody in the audience that would like to speak that has-- I think somebody's trying to convince you to get up and speak? Well, thank you for coming. All right. There be no more petitioners. I will close this petitioner section. We have yes, sir. Vice Mayor Martinez: Excuse me. Mayor Burk: Just one second. What? Vice Mayor Martinez: Thank you. May I ask that we suspend the rules to address Carmen Felder's request to return the money from our budget? Mayor Burk: All right. I'm going to ask the Town Attorney if that is the correct procedure at this point. Christopher Spera: What you would do is you could put with four head nods in the work session portion of the evening you could add that to your next agenda. It would be a motion to rescind that previous resolution. Vice Mayor Martinez: That's what I want to do then. Mayor Burk: Okay. Mr. Martinez would like to rescind the motion that we had that the Town put $5,000 towards an interpretive sign. Ms. Felder is asking that they'd be allowed to continue to finish it. They have already raised the money for it and have it in their budget. If there are four people that would-- Yes. 14 Item a. Page 5| October 25, 20225 Council Member Suzanne Fox: I have a question about recission. Did we decide this last meeting? I just was trying to figure out if this was in proper order. That's all. Mayor Burk: Was it at the last meeting? I believe it was at the last meeting, but I don't remember right off. Christopher Spera: I think it was two meetings ago, but it's you couldn't do it at this meeting unless you suspended the rules but you could add it to the next agenda without, and in fact, because I think because it doesn't require any substantial amount of work from staff, it can just be added on Mr. Martinez's motion. You wouldn't actually need for head nods, but it would, it's something that would be done more properly at a work session. Adding to the agenda, I know this is a combined session. I think it's within the Chair's discretion when we accept those types of, I mean, it might be better to do it at the end when you ask everyone if they have anything to add to a subsequent agenda. That would be my suggestion Council Member Fox: Is a rescission the right way to go or is there something else? Christopher Spera: Yes. Correct. Mayor Burk: Mr. Martinez actually made the motion to suspend the rules, so he is taking that back. Christopher Spera: Okay. You don't need to make motions to suspend the rules because this is a combined session. When you, Madam Mayor, when you ask for any additions to future agendas, this could come up, and any other Council Member obviously would be free to go through that same process. Mayor Burk: Okay, so you'll bring it up later. Vice Mayor Martinez: I will bring it up. Mayor Burk: Thank you. All right. That takes us to our approval of the consent agenda. I will ask for a motion and a second and then read them, and then if anybody wants anything removed, I will do so. Can I have a motion to approve the consent agenda? Vice Mayor Martinez. Council Member Cummings: Second. Mayor Burk: Seconded by Council Member Cummings. The items are Loudon County Affordable Housing Task Force. This is to appoint James David to the Loudoun County Affordable Housing Task Force. B is the Amendment to the Right-of-way License Agreement with Lumos Networks. C is the Appointment to the Diversity Commission of Edgard Segura and Appointment to the Diversity Commission of Christine Kopp not Cynthia Kopp. Are there anything that anybody would like taken or removed from this? All right. All in favor then indicate by saying aye. Members: Aye. Mayor Burk: Opposed? That's 6-0-1. We have no resolutions, that takes us down to discussion, the intersection of Battlefield Parkway and Catoctin Circle. This is the work session discussion at this point. [unintelligible] Calvin Grow: Madam Mayor, members of Council. I am here tonight to talk about Battlefield Parkway and Catoctin Circle. The Council requested a discussion regarding Catoctin Circle and Battlefield several months ago. The Council also requested this item be taken to the Residential Traffic Commission. This is the intersection that we're talking about here tonight at Battlefield and Catoctin Circle. Traffic volumes on Catoctin Circle, about 2,000 vehicles a day, and there's about 4,000 vehicles a day on Battlefield at this point. There was also a speed study done, it revealed that the 85th percentile was 36 miles an hour going eastbound and 38 going westbound. The current speed limit is 35 miles an hour on Battlefield Parkway and 25 on Catoctin Circle. There's been five accidents at this location in the last seven years. In 2022, there was two accidents. One of those accidents, I believe, was the one that happened in June, was the one that the Council 15 Item a. Page 6| October 25, 20226 wanted to-- why this intersection was brought up, and said it was a high accident location, but really there's not a lot of accidents here. Five accidents in seven years, an unsignalized intersection with about this amount of volume, the Police Department said that's about it's probably under average compared to the traffic volumes at this intersection. Also, in 2020, there was one accident and then between 2016-2019, there was no accidents at this location. I guess as volumes increasing in we're getting-- starting to get accidents at this location. The Traffic Commission looked at this intersection, they went out and actually looked at it. They recommended that there's some scrubs that needed to be removed and tree limbs to improve site distance at this location. The HOA has removed those tree limbs and bush and I'll show a picture of that later on. Also, they recommended with the Council approval to add an additional driver feedback sign on Battlefield based on the speeds. There's a current budget in the Commission's budget to fund this driver feedback sign, which is about $11,500. This is an aerial view of the intersection of the area where the shrubs and the tree limbs were removed and also, it's showing a site distance here. Then also the-- if you look to the west of the intersection it also shows the location of a new driver feedback sign approved by Council. Staff recommendations, we agree with the, of course, the removal of the trees and shrubs. We agree the additional driver feedback sign would be important for Battlefield Parkway and also in the future, look at some pedestrian refuge island to improve safety. There are some examples of that. This is a four-lane roadway here and then also what we have is what we could do is maybe there's 12-foot lanes on Battlefield Parkway. We could make it 11-foot lanes, which could largely median island, and make it an area where pedestrians could refuge in the middle before they cross the intersection. The minimum distance for refuge island is 6 foot. That would give us-- There's 2-foot out there now. If we took some of the lane widths and made those more narrow, then we could get that 6-foot in there to do that and that’s something that staff will look at in the future. I'd be glad to answer any questions you have regarding the intersection. Mayor Burk: Do you have any questions, Mr. Vice Mayor? Vice Mayor Martinez: When was the signal installed at Plaza and Battlefield? Calvin Grow: I have to [crosstalk]-- Vice Mayor Martinez: I was just curious if the signal has helped with the traffic. Calvin Grow: I know that we closed the tunnel at the same time we put the signal in. I know that but I'm not sure exactly when that was at. Mayor Burk: Mr. Cummings. Council Member Cummings: Yes, thanks. Obviously, we study the traffic. Do we study pedestrian crossing at all? Do we ever try to get a count of how many pedestrians cross at a certain intersection in the town? Calvin Grow: Absolutely. We do try to do that to try to get to a good count. You see, usually, we're looking for about 10 pedestrians an hour. Usually when we look at-- the Commission looks at like the painted crosswalk they look at-- That's usually the warrant that they use as the VDOT warrant that they use about 10 pedestrians an hour. Council Member Cummings: Because I think obviously the concern is the pedestrians and the island from where I know that engineering-wise that seems to be a good-- The Island Refuge is maybe a good but it makes me concerned to be standing in the middle of the road when the cars are coming 36 or 38 miles per hour. I don't know if we as the Town have a thought on what is the number of pedestrians that are crossing an intersection to warrant something a bigger structure to get pedestrians over a four-lane road than just the island kind of approach? 16 Item a. Page 7| October 25, 20227 Calvin Grow: Again, that's what the committee's done, the Traffic Commission has done in the past is they've looked at if there's usually about 10 an hour they'll usually look at maybe putting in some kind of flashing light or something like that. It depends on the location. Council Member Cummings: I don't know if there's anything-- my last comment. We obviously have a median running through Battlefield, which is good and that will hopefully slow cars down. I don't if there's anything else we can do structurally on the road to slow cars down, even below that 35 or 36 mile per hour in that area just because I think having driven there and been there and walked through that area, cars-- it's they may be going 36 or 38 but it sure feels like they're going a lot faster as you're trying to get out into that intersection. Thank you. Mayor Burk: Mr. Steinberg. Council Member Steinberg: Thanks. Let me continue with Councilman Cummings's questioning. Given the degree of evaluation we've already put into this intersection to come up with this presentation, what further evaluation is required? In other words, what does it take for us to actually get to this pedestrian refuge in the end other than time and money? Calvin Grow: Staff will look at that because it will take some engineering and also some money to do that to be able to restripe everything out there and also put in some kind of refuge on it. There would be some money involved, so staff would have to do an estimate regarding that. That's what we do. Council Member Steinberg: Even if at some future point there is that intersection becomes signalized, it's hard to say, would the pedestrian refuge still be desirable in that case, anyway? Calvin Grow: Absolutely. You would put probably pedestrian signals in the middle, so if someone did get caught in the middle out there they would be able to- Council Member Steinberg: Exactly. Calvin Grow: -activate the signal. Council Member Steinberg: It might not be question of if but when at some point as we try to work it into a budget. All right and one other thing, you mentioned 2,000 cars per day and 4,000 cars per day on the two roads. Is that the entire length of the roadway as opposed to just this intersection? Calvin Grow: Just this intersection, yes. Council Member Steinberg: Just this intersection. Calvin Grow: Just this intersection, yes. Council Member Steinberg: Okay, thanks. Mayor Burk: Ms. Fox. Council Member Fox: Thanks. The speed study. It reveals that everybody westbound and eastbound are going pretty much the speed limit. If that's the case, why would we put speed reminders on there? Calvin Grow: This was something the committee looked at. They knew it was from the Council and they knew they had a budget to put some driver feedback signs out there, they recommended that I bring it forward to you. Council Member Fox: What's your recommendation? Calvin Grow: I think as staff, I think it's a good idea. We've had some good luck with the driver feedback signs in Town to remind people of the speed limit. We think it's a good idea to add one out there. Again, we rotate these around. They don't necessarily stay here. We have other locations that we can move it 17 Item a. Page 8| October 25, 20228 to. We can keep it here for a while and then we can move it to another location. It's not going to be permanent at this location. Council Member Fox: Okay. Thanks. Mayor Burk: I've got a couple of questions for you. I noticed that all the information centers around cars and you had two accidents in 2022 and two in 2021. At what point were the shrubs and tree limbs removed to improve the driver's visibility? What year was that? Calvin Grow: Well, it was just recently that they did that. Mayor Burk: It's very recent. Calvin Grow: Yes, the last two months, they just removed those. Mayor Burk: And the HOA removing the obstructions. Calvin Grow: Yes. Mayor Burk: That was also new? Calvin Grow: Yes ma'am. We do have a site distance easement out there on their property, and those trees were obstructing the site distance easement so they did cut those back. Mayor Burk: Well, have there been any accidents with pedestrians being hit at this intersection? Calvin Grow: No, ma'am. Mayor Burk: Not that we need to wait until there's an accident, but I'm just curious as to if there's been any accident at this point. You made some improvements. I look at the refuge island, this one that to me looks horrifying. I don't know that that is the other ones make sense to me with the break in the median, but this one you're standing out in the middle of the road. Would there be any bollards or anything? Calvin Grow: Well, that is just an example, basically-- Mayor Burk: That's an example I don't like. Calvin Grow: If you look at that intersection on that one that's more like a Catoctin Circle where you have the suicide lane in the middle. Mayor Burk: I would caution you to maybe not consider this one. Calvin Grow: Yes, absolutely. It's just an example. [laughter] Mayor Burk: Most certainly this has been one of those things that we've looked at repeatedly and thank heavens no one has been hurt substantially being hit but I think the more we continue to look at these intersections and this traffic, we need to be considering pedestrians much more strongly. I think we kind of overlook it and look at the cars and what's going on in regard to the cars and the accidents and that sort of thing but I think we need to start really thinking about the pedestrians and how are they getting across and what's the impact to the pedestrians because I think that's something that's increasing every single day we have more people walking around. Calvin Grow: Yes, ma'am. Mayor Burk: You don't need any action on this. This is just that you can-- I think the majority of us-- are there four people that feel like he should move forward on this? 18 Item a. Page 9| October 25, 20229 Calvin Grow: Yes, the driver feedback sign, if Council's okay with that, we'll go ahead and get that ordered and get that installed. Mayor Burk: Are there four people that are willing to do that? I think that's everybody. Okay, does that help? Do you understand? Is there anything else you want us to opine upon that to give you direction? Aren't you impressed that I used opine? No, okay? That then takes us to the next one, which is the intersection of Catoctin Circle at West Market Street. Calvin Grow: There was a request from Council to look at this intersection, there was a request for consideration of a right turn lane for northbound Catoctin Circle at West Market Street. This item was not referred to the Traffic Commission because it's not a residential area. This is the intersection here at this intersection there is-- as you can see on Catoctin Circle, it was basically two lanes on Catoctin Circle going north and southbound at West Market Street. There was a request from Council to look at a right-turn lane at this intersection. Based on the volumes, current volumes as you can see, if you look at the Northbound Catoctin Circle volumes there's about 204 vehicles making a left turn from 4:45 to 5:45 in the afternoon, 20 vehicles going through the intersection, about 69, making a right turn. Accidents at this location, during 2019, '22, there were no accidents, there were two accidents in 2018 at this location, and typically a traffic signal you see that there's usually rear-end accidents and we've had a few rear-end accidents here at this location. There are three in 2017, again, we've had some other rear-end accidents, and also there was somebody turning left and there was a head-on accident there in 2017 at that point. Staff recommends that we put in a northbound left turn here at this intersection, not a right turn because based on the warrants, based on the traffic volumes, higher traffic volumes making a left turn, this would help the intersection for level service wise, would make the intersection level service from D to a C for that approach. This could be included as a capital project for the Council's consideration, and this year's capital project we could bring that forward to install a left turn lane at this location versus a right turn lane. This is what it would look like. There would be a separate left turn lane at this location about 100-foot left turn lane with a 200-foot taper. The Lutheran Church several years ago did a design for a traffic signal at this location as part of their expansion of their synagogue or the church. They looked at the Right-of-way dedication to the Town as part of that future project for a left turn and also for a trail along their sidewalk along their frontage. They did a traffic signal design as part of that, so what we could do is we could update that design, and that could move forward in the CIP, and again, we could bring that forward to the Council for your consideration. I'd be glad to answer any questions you have regarding that. Mayor Burk: I have a couple of questions on this one. You said there were two accidents in '18, Eastbound Market, West Market, rear-end, Eastbound West Market, Southbound Fairview Street. The next ones are Westbound Market rear-end, Westbound Market, Southbound Fairview Street, Westbound Market, Eastbound, and West Market Street head-on accident. None of these involve Catoctin Circle, so why are we looking at improving Catoctin Circle, why aren't we looking at approving Fairview? They had two accidents and all of them are on Market Street. Calvin Grow: Again, this is the signalized intersection and you typically get accidents at the signalized intersection, but again, the accident is really low at this intersection. I think most of the accidents here were for people that we have their permissive left turns at this location, and I think some people misjudge the left turns and, for instance, the one that we had that was the head-on. Somebody was actually turning left and somebody hit them head-on or whatever at that point, but did I answer your question? Mayor Burk: No, I just don't understand why we're looking at Catoctin Circle, because it doesn't seem like Catoctin Circle is the problem. It seems like Fairview is the problem, and Market Street, but anything that improves the intersection I'm sure is a good thing, but it escapes me why we're doing Catoctin. Calvin Grow: That's something as traffic engineers we look at, it's one of the main things we look at as accidents and that's why we brought it forward to show you what the accidents were out there, so you get a feel of that. 19 Item a. Page 10| October 25, 202210 Mayor Burk: Again, you have pedestrians crossing there frequently, and I don't know of any accident that's been there involving a pedestrian. Calvin Grow: No, there hasn't been, and we do have a signalized intersection like I said, at that intersection, and also it's a pedestrian actuated, so I know that-- I've seen a lot of people going through their jogging and stuff and they always seem to use the pedestrian signal to get through the intersection. Mayor Burk: I don't know, I guess I look at this as a problem that's not being solved, but anyway, anybody else has any questions on this, Ms. Fox? Council Member Fox: Yes, thanks, I look at this and you say it's not in a residential area, and I understand it doesn't go through an HOA neighborhood, but why is this not considered a residential area? Calvin Grow: I think that I was trying to-- I went back and listened to the Council when you first brought this forward and listening to the Council was at the time was, it wasn't going to go to the Residential Traffic Committee because it wasn't residential. Council Member Fox: I'd argue that but okay, [laughs] I took a look at Battlefield and it pretty much goes through too, and all the houses are off on side streets as well, so to me it's about the same thing, but I see Mayor's point, but I think the reason I actually brought this up was more for traffic flow. Of course, you did all the crash things, and this came up now, but it was more about traffic flow. I agree that if we put in the left-hand signal, that would probably help traffic flow. When we get a lot of traffic coming from downtown to go home, that's where it gets backed up there. I think people try to make that right so they don't have to sit in it anymore. If we could mitigate it in a different way, that would be great. Thanks. That's it. Mayor Burk: Do you need any action from us on this? Calvin Grow: No. We bring forth a CIP project in the fall and have you review it. We're done here. Mayor Burk: All right. Thank you. Future Council topics. Mr. Vice Mayor. Mr. Martinez would like to have a discussion. Does that have to go to work session or it could just go on the agenda? Christopher Spera: You can put it on the agenda. Mayor Burk: Did you want it on the agenda? Vice Mayor Martinez: Yes. Mayor Burk: The agenda to rescind the $5,000 for the interpretive map or-- Christopher Spera: Madam Mayor, thanks to the quick work of our Clerk, that is resolution 2022-123, that was adopted by the Council on September 27th. Mayor Burk: You're asking for item 2052-123? Christopher Spera: 2022-123. Mayor Burk: Oh, yes, it's not '52 yet. Christopher Spera: Not yet. Mayor Burk: 2022-123. It was on 27th of September. You're asking for that to be rescinded? Are there four people that would want to put that on the agenda? Council Member Fox: Would we be able to discuss it at the time? Mayor Burk: Yes, we would discuss it at the time. 20 Item a. Page 11| October 25, 202211 Neil Steinberg: I don't think we need the four, I think you can just put it on the agenda. Christopher Spera: We don't need the four because there's no staff work associated with this, so the Vice Mayor can add it on his own. Mayor Burk: All right, fair enough. No staff? Okay. It'll be on the agenda. Kaj Dentler: Madam Mayor, on that note, I did talk to Ms. Felder, and she said that not only rescinding the amount, the resolution for the amount, and the funding, but it would also stop the staff narratives. Mayor Burk: From doing the work? Kaj Dentler: Ms. Felder will write the narrative. We'll help her find the exhibit that she wants, but staffs' efforts to write the narrative with the various stakeholders will stop, and she will then take care of it. Just to clarify. Mayor Burk: We will have that discussion. That will come up on the next meeting. Mr. Cummings? Council Member Cummings: Just one disclosure. I had a meeting with Mr. Greg Wigfield on his Greenway Manor project on Friday, October 21st. Mayor Burk: Mr. Steinberg, No? Ms. Fox. Council Member Fox: Just one thing. There came to my attention another business that I thought was here for 30 years, but they're actually here for 35 years, and that was RJ's Deli, and I'd like to get them a recognition as well. Mayor Burk: All right, RJ is 35 years. I remember when it was downtown. All in favor? Not all in favor, excuse me, four people who would be interested in doing a proclamation for RJ's Deli, I think that's everybody. RJ’s. Yes, you bring some stuff along. I would like to thank the League of Women Voters for holding their candidate forum. It was most certainly very informative for me as a candidate to hear what the other candidates had to say, and this was the only group that did that. Thank you very much. I want to thank the Federal Asian and Pacific Islanders Committee for a wonderfully informative luncheon. Vice Mayor and I attended this, it's an organization that does training that helps Federal employees of Asian descent hone their work skills and make them more productive and desirable employees and leaders. Thank you very much for inviting us to that. I want to thank Timo and Nicole for allowing me to celebrate Oktoberfest by tapping the keg. The Mayor of Munich does this every year. It's a tradition. Timo and Nicole who own the Doener Bistro, make sure to invite the Mayor of Leesburg so that Munich does not outclass us so the Mayor does the tapping. October 17th, I met with a new Fire Chief Micah Kiger. He admits that he's new to this and he's got lots to learn, but he's very enthusiastic and wants to be a partner with the Town. That was wonderful to hear. I had a great meeting with the Boy Scout Troop 992. They held a mock Town Council meeting, and thanks to their troop leader for bringing them in, they had a wonderful time they were up here. They took your places, and they voted to take 10 acres and make half of it a park and half of it a ballfield. It was quite a discussion and very interesting, but I think it was very insightful for them. On October 20th, I met with Russ Forno and some of his people from his staff about the Hyundai dealership. I want to welcome La Petite Academy. It is a daycare facility. That building has been there so long that actually, my children went there. It was at that point, another name I can't remember the name of it now. Anyway, I want to thank the Heritage High School for inviting me to do a ribbon cutting on their new pride patio. The bricks and the patio hold the name of all the athletes that have received awards and recognition through their 20 years at the school. It's a lovely patio. It's a lovely addition to the athletic complex. I was very pleased and honored to be there. I'm going to congratulate the NAACP on their elegant gala that they had. There were so many people in attendance. 21 Item a. Page 12| October 25, 202212 The Latino Festival was another really-- this is I think the second or third year they've done it at the Shenandoah Building. It was fascinating. It was great fun. I was very honored to be there. I want to thank Roy Rogers for allowing me to have a Meet the Mayor last Saturday. Welcome to Market Street Animal Clinic for their new renovations and their improvements to their building. Ironically, I used to take my cats there. I could not help but think about the fact that both Market Street Clinic where I would take my kitties and La Petite were where I would take my kids. Hopefully, I never confused them. Both locations modernized, but both were using the building in their original building as their original business. It was great to see that they both invested in Leesburg and modernized and used these buildings to continue their businesses. Then I would like to ask if we would do a proclamation for Bob Wright. Bob Wright ran the Kiwanis Parade, Halloween Parade for 20 years, and he suddenly passed away this summer. I would like to recognize him with all the work that he did for all those years. Are there four people that would be willing to do that. That would go forward too. Mr. Town Manager. Kaj Dentler: No comments. Mayor Burk: Motion to adjourn. Moved by Mr. Martinez, second by Wright. I looked down and said Wright. Ms. Fox, all in favor. Members: Aye. Mayor Burk: Opposed. I think you can say that this will probably be our last short meeting. 22 Item a. ____________________________________ Kelly Burk, Mayor ____________________________________ Fernando “Marty” Martinez, Vice Mayor ____________________________________ Ara H. Bagdasarian ____________________________________ Suzanne D. Fox ____________________________________ Zach Cummings ____________________________________ Kari Nacy ____________________________________ Neil Steinberg PROCLAMATION Boy Scouts Troop 982 Celebrating 40 Years WHEREAS, Troop 982 is a Scouts BSA troop in Leesburg, VA that was founded in 1982; and WHEREAS, this year marks the 40th anniversary of Leesburg’s Scout Troop 982; and WHEREAS, Leesburg’s Scout Troop 982 has produced over 157 Eagle Scouts, the highest rank attainable in the Scouts; and WHEREAS, Leesburg’s Scout Troop 982 has proven to be a high adventure troop, sending scouts in the last several years, to four different states; and WHEREAS, Leesburg’s Scout Troop 982 take part in scouting programs like wilderness survival, swimming, shooting sports, and other skills needed to earn the roughly 60 merit badges offered; and WHEREAS, since June 2022 the Leesburg Moose Lodge has been the Chartering Organization of the Troop. THEREFORE, PROCLAIMED, that the Mayor and Council of the Town of Leesburg in Virginia congratulate Leesburg’s Scout Troop 982 on their 40th anniversary, and extend gratitude for their continued service to our community. PROCLAIMED this 15th day of November, 2022. 23 Item a. PROCLAMATION National Veterans and Military Families Month November 2022 WHEREAS, November is National Veterans and Military Families Month; and WHEREAS, we recognize and honor the veterans and military families who support our armed forces, as they protect our nation from harm; and WHEREAS, we respect and acknowledge the sacrifices veterans and military families make on a daily basis; and WHEREAS, throughout November, we show our appreciation to the spouses, partners, children, caregivers, and survivors of our service members and veterans for their selfless sacrifice; and WHEREAS, we welcome Ray Delpesche to accept the proclamation on behalf of National Veterans and Military Families Month. THEREFORE, PROCLAIMED, that the Mayor and Council of the Town of Leesburg in Virginia do hereby recognize November 2022 as National Veterans and Military Families Month, and call this observance to the attention of all Leesburg residents. PROCLAIMED this 15th day of November, 2022. ____________________________________ Kelly Burk, Mayor ____________________________________ Fernando “Marty” Martinez, Vice Mayor ____________________________________ Ara H. Bagdasarian ____________________________________ Suzanne D. Fox ____________________________________ Zach Cummings ____________________________________ Kari Nacy ____________________________________ Neil Steinberg 24 Item b. PROCLAMATION National Diabetes Awareness Month November 2022 WHEREAS, November is National Diabetes Awareness Month, and an opportunity for local and regional advocates to team up and work with partners across the Nation to raise awareness to the illness; and WHEREAS, during National Diabetes Awareness Month, we draw attention to all forms of this dangerous condition including Type 1, Type 2, gestational diabetes, and prediabetes, and recommit ourselves to finding a cure; and WHEREAS, diabetes strikes both children and adults at any age; it comes on suddenly, causes dependence on injected or pumped insulin, and carries that constant threat of devastating complications; and WHEREAS, over the last year and a half, people living with diabetes have faced heighted risks to their health, as their illness makes them more vulnerable to the worst effects of COVID-19; and WHEREAS, we call upon all residents, government agencies, nonprofit organizations, health care providers, research institutions, and school systems to join in activities that raise diabetes awareness and help prevent, treat, and manage the disease. THEREFORE, PROCLAIMED, that the Mayor and Council of the Town of Leesburg in Virginia hereby acknowledge November 2022 as National Diabetes Awareness Month and recognize Inova Loudoun Hospital as Loudoun’s non-profit community hospital and Dr. Amish Gandhi for his dedication towards improving patient health outcomes. PROCLAIMED this 15th day of November, 2022. ____________________________________ Kelly Burk, Mayor ____________________________________ Fernando “Marty” Martinez, Vice Mayor ____________________________________ Ara H. Bagdasarian ____________________________________ Suzanne D. Fox ____________________________________ Zach Cummings ____________________________________ Kari Nacy ____________________________________ Neil Steinberg 25 Item c. PROCLAMATION Small Business Saturday November 26, 2022 WHEREAS, the Town of Leesburg celebrates its local small businesses and the contributions they make to the local economy and community; and WHEREAS, advocacy groups, as well as public and private organizations, across the country have endorsed the Saturday after Thanksgiving as Small Business Saturday; and WHEREAS, 96% of consumers who shopped on Small Business Saturday® agree that shopping at small, independently-owned businesses supports their commitment to making purchases that have a positive social, economic, and environmental impact, and 97% of consumers who shopped on Small Business Saturday agree that small businesses are essential to their community; and WHEREAS, Council recognizes Tyra Flynn, owner of the Global Local, Deborah Morbeto, owner of A Delightfully Different Gallery, and Tammy Krohn, owner of 529 Consignment. These organizations collectively represent the West End Boutiques, a growing retail location on West Loudoun Street; and WHEREAS, Council recognizes Dana Green, owner of Restocked Sneakers, a business providing highly sought-after designer sneakers to its patrons from its Crescent Place location; and WHEREAS, Council recognizes Tatiana and Godfrey McKenzie, owners of Dolce & Ciabatta, a European Style Bakery Café that recently opened its second location in Fort Evans Plaza II. WHEREAS, Council recognizes Paige Lobuts, owner of Sienna Sky Boutique, a clothing store in the Village at Leesburg, that offers feminine, modern, and minimalist clothing for women; and THEREFORE, PROCLAIMED, that the Mayor and Council of the Town of Leesburg in Virginia recognize November 26, 2022 as Small Business Saturday, and urge the residents of our community and communities across the country to support small businesses and merchants on Small Business Saturday and throughout the year. PROCLAIMED this 15th day of November, 2022. ____________________________________ Kelly Burk, Mayor ____________________________________ Fernando “Marty” Martinez, Vice Mayor ____________________________________ Ara H. Bagdasarian ____________________________________ Suzanne D. Fox ____________________________________ Zach Cummings ____________________________________ Kari Nacy ____________________________________ Neil Steinberg 26 Item d. ____________________________________ Kelly Burk, Mayor ____________________________________ Fernando “Marty” Martinez, Vice Mayor ____________________________________ Ara H. Bagdasarian ____________________________________ Suzanne D. Fox ____________________________________ Zach Cummings ____________________________________ Kari Nacy ____________________________________ Neil Steinberg PROCLAMATION Battery Warehouse 30th Anniversary WHEREAS, the Battery Warehouse has been operating in Leesburg, Virginia since 1992; and WHEREAS, this year marks 30 years of serving the community by providing an extensive selection of batteries; and WHEREAS, the Battery Warehouse is a one-stop shop where one can find batteries for the automotive, motorcycle, heavy equipment, and marine industry; and WHEREAS, services at the Battery Warehouse include Smartphone battery replacement, tool pack battery rebuild, watch and key fob battery replacement; and WHEREAS, the Battery Warehouse has also served the community by offering free battery health checks, charge system tests and starter tests; and WHEREAS, the Battery Warehouse has specialists with extensive background in electrical engineering and plumbing who enjoy interacting and serving the Town’s residents. THEREFORE, PROCLAIMED, that the Mayor and Council of the Town of Leesburg in Virginia congratulate the Battery Warehouse on its 30th anniversary and recognize its continued service to the Leesburg community. PROCLAIMED this 15th day of November, 2022. 27 Item e. PROCLAMATION RJ’s Deli 35th Anniversary WHEREAS, Maya and David Popat came to the United States in 1982, landing in Queens, New York; and WHEREAS, after visiting family many times in Virginia, Maya and David decided to move to the area in the early 1980s; and WHEREAS, in 1988 Maya’s favorite Uncle J started and established RJ’s Deli with Maya working at the family business through the years; and WHEREAS, Maya eventually bought RJ’s from her uncle and fulfilled her dream of becoming an entrepreneur; and WHEREAS, along with her husband David, Maya has been serving the Loudoun County community for 35 years; and WHEREAS, RJ’s is known for serving the freshest deli meats and sandwiches with an emphasis on quality and flavor; and WHEREAS, RJ’s also offers catering services and a wide variety of imported Italian meats and desserts. THEREFORE, PROCLAIMED, that the Mayor and Council of the Town of Leesburg in Virginia congratulate Maya and David Popat on RJ’s Deli’s 35th Anniversary and recognize their contributions to the community by continuously offering great quality food and outstanding service to two generations of Leesburg customers. PROCLAIMED this 29th day of November, 2022. 28 Item f. PROCLAMATION In Memory of Robert C. Wright WHEREAS, Robert C. Wright was a talented musician who entertained many with his musical skills; and WHEREAS, Mr. Wright moved to Leesburg after retiring from his post in Germany; and WHEREAS, during his time in Leesburg he was a member of the St. John the Apostle Church choir; and WHEREAS, he was also a devoted and dedicated Kiwanis club member who served in various capacities with unwavering enthusiasm; and WHEREAS, his invaluable dedication to the Kiwanis community, over the years, touched the lives of many children in need; and WHEREAS, he always stepped up to lead when asked and wholeheartedly kept the Kiwanis mission at the top of his priorities; and WHEREAS, Mr. Wright led the annual Kiwanis Halloween parade in Leesburg for the past 20 years and loved watching young and old enjoy the event; and THEREFORE, PROCLAIMED, that the Mayor and Council hereby recognize Mr. Robert C. Wright’s lifetime achievements and his dedication to the Kiwanis Halloween parade during all these years. PROCLAIMED this 15th day of November, 2022. 2022/07 29 Item g. Council Meeting Date: November 15, 2022 TOWN OF LEESBURG TOWN COUNCIL MEETING Subject: Annual Pool Chemical Contract Award for Ida Lee Park Staff Contact: Rich Williams, Director of Parks and Recreation Octavia Andrew, Chief Procurement Officer, Finance and Administrative Services Council Action Requested: Award the annual Pool Chemicals contract for Ida Lee Park Recreation Center and AV Symington Aquatic Center to Amato Industries, Inc., of Silver Spring, MD in the amount of $57,721.50 for the Parks and Recreation Department. Staff Recommendation: Award the annual Pool Chemicals contract for Ida Lee Park Recreation Center and AV Symington Aquatic Center contract to Amato Industries, Inc., of Silver Spring, MD in the amount of $57,721.50 for the Parks and Recreation Department. Amato Industries, Inc., is a supplier and authorized class B hazmat carrier, located in Silver Spring, MD. Commission Recommendation: Not applicable. Fiscal Impact: No additional funding is needed. The cost of the pool chemicals will be funded within the Department of Parks and Recreation operating budget. The contract to be awarded is in the amount of $57,721.50. Work Plan Impact: None. Town Plan Impact: None. Executive Summary: The Department of Parks and Recreation operates two indoor pools, one outdoor pool, and a spa. Various pool chemicals are vital in the operation of public swimming pools to maintain a safe swimming environment. Bids were solicited and received for the following pool chemicals; sodium hypochlorite, sodium thiosulfate, and muriatic acid with the lowest most responsive and responsible bidder being Amato Industries, Inc., in the amount of $57,721.50 annually, with four additional annual renewals. Since the total contract value over five years exceeds $200,000, Town Council approval is required to award the contract. Background: The Department of Parks and Recreation operates two indoor pools, one outdoor pool, and a spa. Various pool chemicals are vital in the operation of public swimming pools to maintain a safe swimming environment. 30 Item a. Annual Pool Chemical Contract for Ida Lee Recreation Center and AV Symington Aquatic Center Contract Award November 15, 2022 Page 2 In response to a public solicitation, the Town received two bids for sodium hypochlorite, sodium thiosulfate, and muriatic acid on October 12, 2022, with Amato Industries, Inc., being determined as the lowest responsive and responsible bidder. The bids were evaluated by the Chief Procurement Officer and Buyer II in accordance with the Town’s Procurement Policy. Amato Industries, Inc., of Silver Spring MD was determined to be the lowest responsive and responsible bidder with an annual bid of $57,721.50. The project was bid with an initial contract term of one year, with four additional one-year renewal terms. This contract can be renewed for up to four additional consecutive one-year periods in the amount of $57,721.50. If all renewal periods are executed, the total value of this contract is $288,607.50. Proposed Legislation: RESOLUTION Awarding the Annual Pool Chemicals Contract for Ida Lee Park to Amato Industries in the amount of $57,721.50 Draft Motions: 1. I move to approve the proposed Resolution to award the Pool Chemicals for Ida Lee Park Recreation Center and AV Symington Aquatic Center contract to Amato Industries, Inc., of Silver Spring, MD in the amount of $57,721.50 for the Parks and Recreation Department. OR 2. I move to deny the proposed Resolution. OR 3. I move an alternate motion. Attachment: Draft resolution 2022/03 31 Item a. PRESENTED: November 15, 2022 RESOLUTION NO. 2022- ADOPTED: _________________ A RESOLUTION : AWARDING THE ANNUAL POOL CHEMICALS CONTRACT FOR IDA LEE PARK TO AMATO INDUSTRIES IN THE AMOUNT OF $57,721.50 WHEREAS, pool chemicals are vital in the operation of public pools in order to maintain a safe swimming environment; and WHEREAS, in response to a public solicitation for Pool Chemicals for Ida Lee Park Recreation Center and AV Symington Aquatic Center contract, the Town received two bids on October 12, 2022 from the following firms: Amato Industries, Inc. $57,721.50 Harper and Company, Inc. $664.00 WHEREAS, the bids were evaluated by the Finance Department’s Chief Procurement Officer and Buyer II in accordance with the Town’s Procurement Policy; and WHEREAS, Amato Industries, Inc., of Silver Spring MD was determined to be the lowest responsive and responsible bidder with a bid of $57,721.50 annually; and WHEREAS, pool chemicals are funded as part of the Fiscal Year 2023 operating budget for the Department of Parks and Recreation; and WHEREAS, the terms of this contract are for twelve months in the amount of $57,721.50, with the option to renew four additional consecutive one-year periods in the amount of $57,721.50 per year; and WHEREAS, if all renewal periods are executed, the total value of this contract is $288,607.50; and 32 Item a. A RESOLUTION: AWARDING THE ANNUAL POOL CHEMICALS CONTRACT FOR IDA LEE PARK TO AMATO INDUSTRIES IN THE AMOUNT OF $57,721.50 -2- 2022/01 WHEREAS, the Director of Parks and Recreation recommends award of the Pool Chemicals for Ida Lee Park Recreation Center and AV Symington Aquatic Center contract to Amato Industries, Inc. THEREFORE, RESOLVED, by the Council of the Town of Leesburg in Virginia as follows: 1. The Town Manager is authorized to execute a contract with Amato Industries, Inc., in the amount of $57,721.50 for Pool Chemicals for Ida Lee Park Recreation Center and AV Symington Aquatic Center. PASSED this 15th day of November, 2022. ______________________________ Kelly Burk, Mayor Town of Leesburg ATTEST: ______________________________ Clerk of Council 33 Item a. Council Meeting Date: November 15, 2022 TOWN OF LEESBURG TOWN COUNCIL WORK SESSION Subject: Fueling Contract with GPM Empire, LLC Staff Contact: Renée M. LaFollette, P.E., Director, Public Works & Capital Projects Christopher Kohr., P.E., Assistant Director of Operations, Public Works & Capital Projects Octavia Andrew, Chief Procurement Officer, Department of Finance & Administrative Services Council Action Requested: Authorize the Town Manager to enter into a cooperative agreement with GPM Empire, LLC (formerly Quarles Petroleum) using Loudoun County Public Schools (LCPS) Contract Number R22287 for fueling services. Staff Recommendation: Authorize the Town Manager to enter into a cooperative agreement with GPM Empire, LLC to secure annual fueling services for Town vehicles and equipment. Commission Recommendation: Not applicable. Fiscal Impact: No additional funding is requested at this time. Fueling services are funded as part of the Adopted Fiscal Year 2023 operating budget. Work Plan Impact: Fueling services are part of the Department of Public Works and Capital Projects work plan and are required for the operation of all Town vehicles and equipment. Town Plan Impact: The use of cooperative contracts, such as the one with GPM Empire, LLC, leverages larger contracting mechanisms to purchase fuel at a lower cost. This approach saves tax dollars on a product necessary for the various departments to provide their services to the residents and businesses. Executive Summary: The Town uses gasoline, diesel fuel, and diesel exhaust fluid to operate Town vehicles and equipment in execution of routine and emergency work. Fuel purchase cards are used to track and control fueling of Town vehicles and equipment. A fueling services contract is needed to procure these services and allow filling of bulk fuel tanks located at the Town Shop. Background: Fueling services were previously provided using a cooperative Loudoun County Public Schools (LCPS) contract number 16095 with Quarles Petroleum which expired August 31, 2022. A solicitation was advertised by LCPS on May 6, 2022 and a new fueling services contract was awarded to GPM Empire, LLC (formally Quarles Petroleum) effective August 31st, 2022. The contract is for an initial period of three years, renewable for up to two additional consecutive periods of one year each. The cumulative value of the potential five-year contract is greater than $200,000 requiring Town Council approval since the amount exceeds the signature authority of the Town 34 Item b. Fueling Contract with GPM Empire, LLC November 15, 2022 Page 2 Manager. The cooperative contract allows the Town to take advantage of a larger contract with lower pricing than we would be able to obtain with our own contract due to the volume based pricing. Proposed Legislation: RESOLUTION Authorization to Enter into a Cooperative Agreement with GPM Empire, LLC, (Formerly Quarles Petroleum) for Fueling Services Draft Motions: 1. I move to approve the proposed resolution authorizing the Town Manager to enter into a Cooperative Agreement with GPM Empire, LLC (formerly Quarles Petroleum) for fueling services. 2. I move to deny the proposed resolution authorizing the Town Manager to enter into a Cooperative Agreement with GPM Empire, LLC (formerly Quarles Petroleum) for fueling services. 3. I move an alternate motion. Attachments: 1. Draft Resolution 2. Loudoun County Public Schools RFP No. R22287: Fuel Services 3. Loudoun County Contract No. R22287 and associated Exhibits 2022/03 35 Item b. PRESENTED: November 15, 2022 RESOLUTION NO. 2022- ADOPTED: _________________ A RESOLUTION : AUTHORIZATION TO ENTER INTO A COOPERATIVE AGREEMENT WITH GPM EMPIRE, LLC, (FORMERLY QUARLES PETROLEUM) FOR FUELING SERVICES WHEREAS, the Town of Leesburg has in the past utilized a cooperative contract to procure fuel services necessary for Town operations; and WHEREAS, the previous Loudoun County Public Schools contract with Quarles Petroleum expired August 31, 2022; and WHEREAS, Loudoun County Public Schools advertised an RFP for fueling services on May 6, 2022 and has entered into an agreement with GPM Empire, LLC to provide fueling services on August 31, 2022; and WHEREAS, Loudoun County Public Schools contract will be for an initial period of three (3) years, and renewable for up to two (2) additional consecutive periods of one (1) year; and WHEREAS, Council approval of the contract is necessary as the cumulative value of the potential five year contract exceeds the Town Manager’s signing authority of $200,000; and WHEREAS, funding is available within the Department of Public Works and Capital Projects budget for fueling services; and WHEREAS, the Chief Procurement Officer and the Director of Public Works and Capital Projects recommends entering into a cooperative agreement with GPM Empire, LLC. THEREFORE, RESOLVED, by the Council of the Town of Leesburg in Virginia as follows: 1. The Town Manager is authorized to enter into a cooperative agreement with GPM Empire, LLC for fueling services for Town vehicles and equipment. 36 Item b. A RESOLUTION: AUTHORIZATION TO ENTER INTO A COOPERATIVE AGREEMENT WITH GPM EMPIRE, LLC, (FORMERLY QUARLES PETROLEUM) FOR FUELING SERVICES 2022/01 PASSED this 15th day of November, 2022. ______________________________ Kelly Burk, Mayor Town of Leesburg ATTEST: ______________________________ Clerk of Council 37 Item b. Loudoun County Public Schools Procurement and Risk Management Services 21000 Education Court, Suite 301 Ashburn, Virginia 20148 Telephone: 571-252-1270/Fax: 571-252-1432 RFP #R22287 FUEL SERVICES ISSUE DATE: May 6, 2022 ACCEPTANCE DATE: May 18, 2022 ACCEPTANCE TIME: 2:00 PM Local Prevailing Time PROCUREMENT SPECIALIST: Hind Zegoud Procurement Supervisor Hind.zegoud@lcps.org LCPS COMMODITY CODE: Fuel Services Pursuant to and in compliance with this document and its enclosures hereinafter referred to as the Contract Documents for RFP #R22287 Fuel Services, the Offeror, having become thoroughly familiar with the terms and conditions of this document and with the local conditions which may affect performance and costs, hereby proposes and agrees to furnish all labor and/or materials hereinafter specified, and to fulfill the intent of this agreement in accordance with this document as interpreted by Loudoun County Public Schools. NOTE: RESPONSES TO THIS RFP MUST BE SUBMITTED ELECTRONICALLY THROUGH THE LCPS ELECTRONIC BIDDING SYSTEM. 1 RFP #R22287 Fuel Services 38 Item b. GENERAL SPECIFICATIONS 1.PURPOSE 1.1. The purpose of this Request for Proposal (RFP) is to solicit sealed proposals to establish contracts through competitive negotiations with qualified source(s) to provide a turnkey fuels operation for Loudoun County Public Schools (herein referred to as “LCPS”) and Loudoun County Government (herein referred to as “LCG”). 2.SUBMISSION OF BIDS 2.1 Each Offeror shall respond to this solicitation using the LCPS Electronic Bidding System by Wednesday, May 18, 2022 at 2:00 PM Eastern Time. Different forms of the proposal will NOT be accepted. NO FAXED, MAILED OR E-MAILED PROPOSALS WILL BE ACCEPTED. 2.2 A ‘How-To Guide’ for step-by-step instructions on how to respond to this solicitation can be found on the login page of the LCPS Electronic Bidding System via the following link: LCPS Electronic Bidding System 2.3 After your successful submission, the system will display ‘Response Submitted’ followed by the date and time stamp in the ‘Response Status’ field. It is the sole responsibility of the Offeror to ensure that their proposal is submitted by the designated date and time stated. An incomplete submission will NOT be considered. 2.4 The digital signature must be signed by a person authorized to represent and bind your company. 2.5 Requests for additional information or clarification of specifications must be sent via the LCPS Electronic Bidding System under the ‘Questions’ section. Requests for information must be received before question cutoff date and time posted under the ‘Event Details’ tab. 2.6 Offeror will receive a system generated email notification if an addendum has been issued. 2.7 SITE VISIT: Fuel sites will be available for inspection May 9 through May 13, 2022 during normal business hours. Site visits shall be coordinated through the LCPS Technical Point-of Contact (TPOC) Mark Maggitti, Fleet Manager, at 571-252-1711. All Offerors are encouraged to inspect the fuel sites to become familiar with the existing locations and site conditions. Failure to visit the sites will not prohibit the Offeror from submitting a proposal. Site visits shall be completed no later than 5:00 PM May 13, 2022. 3.CONTRACT AWARD 3.1 It is the intent of Loudoun County Public Schools to award this contract to a single vendor, however we reserve the right to award to multiple vendors in order to provide access to fuel in all areas of Loudoun County. 3.2 This contract may be awarded to a Primary and Secondary Contractor. The Secondary Contractor may be used if the Primary Contractor is unable to cope with demand or should lead times or standards of performance become unacceptable to LCPS requirements, or if the contract is terminated for cause or convenience. LCPS reserves the right to make an award either in whole or in part for Fuel Delivery, Fuel Site Repair Services and Fuel Storage Tank Cleaning as indicated in the Pricing Schedule, Section 13, whichever is deemed to be in the best interest of LCPS. 3.2 Loudoun County Public Schools reserves the right to reject any or all proposals, in whole or in part, and to waive minor informalities, technical defects, irregularities, and omissions if in its judgment the best interest of LCPS will be served. 2 RFP #R22287 Fuel Services 39 Item b. 3.3 Loudoun County Public Schools does not discriminate against faith-based organizations. 3.4 A notice of award will be posted on the LCPS website under “Award Notices” upon approval of the award by the Loudoun County School Board. 3.5 This contract is a joint contract with LCPS and LCG which will require split billing between the two entities. 4. CONTRACTOR PERFORMANCE 4.1. If the contractor fails to either perform within the time specified, or within a reasonable time, or fails to perform satisfactorily in accordance with the specifications, the Loudoun County Public Schools may take appropriate action to satisfy the contract. Any additional cost incurred in excess of the contract amount may be back charged to the original contractor. Should the difference be less, the original contractor shall have no claim to the difference. Additionally, the original contractor may be prohibited from bidding for a period of one year. 4.2. All firms doing business in Loudoun County are required to be licensed in accordance with the County "Business, Professional, and Occupational Licensing (BPOL) Tax" Ordinance. Wholesale and retail merchants without a business location in Loudoun County are exempt from this requirement. Questions concerning the BPOL Tax should be directed to the Office of Commissioner of Revenue, telephone (703) 777-0260. 4.3. During the performance of the contract, the contractor agrees to (i) provide a drug-free workplace for the contractor's employees; (ii) post in conspicuous places, available to employees and applicants for employment, a statement notifying employees that the unlawful manufacture, sale, distribution, dispensation, possession, or use of a controlled substance or marijuana is prohibited in the contractor's workplace and specifying the actions that will be taken against employees for violations of such prohibition; (iii) state in all solicitations or advertisements for employees placed by or on behalf of the contractor that the contractor maintains a drug-free workplace; and (iv) include the provisions of the foregoing clauses in every subcontract or purchase order of over $10,000, so that the provisions will be binding upon each subcontractor or vendor. 4.4. The contractor shall be responsible for meeting all Federal, State, and local codes pertaining to this contract. 4.5. The contractor agrees that the pricing offered is equal to or less than prices offered on other contracts with similar terms and conditions. 4.6. At the conclusion of this contract, Contractor agrees to cooperate with any incoming vendor on a transition plan to ensure an orderly changeover of responsibilities, equipment, and procedures. Transition period shall not exceed sixty (60) calendar days. 5. INSURANCE REQUIREMENTS & INDEMNIFICATION 5.1 Contractor shall be responsible for its work, services, and products and every part thereof, and for all materials, tools, equipment, appliances, and property of any and all description in connection therewith. Contractor assumes all risks for direct and indirect damage or injury to the property or persons used or employed in connection with the work, services, and products, and for damage or injury to property or persons, wherever located, resulting from any action, omission, commission or operation connected in any way whatsoever with Contractor’s work, services, and products. 3 RFP #R22287 Fuel Services 40 Item b. 5.2 Contractor agrees to maintain, on a primary basis and at its sole expense, at all times during the provision of work, services, and products, the insurance coverages, limits, and endorsements described hereunder. Required insurance coverages must be acquired from insurers with an A.M. Best Rating of A- or better, licensed to conduct business in the Commonwealth of Virginia, and acceptable to LCPS. 5.3 Subcontractors’ and Suppliers’ Liability Insurance—Contractor’s provision of work, services, and products shall not be construed as creating any contractual relationship between any subcontractors or suppliers and LCPS. Contractor shall be as fully responsible to LCPS for the work, services, and products of its subcontractors and suppliers and persons employed by subcontractors and suppliers as it is for acts and omissions of persons directly employed by Contractor. 5.4 Certificates of Insurance—Contractor shall provide these insurance requirements to their insurance agent/broker for review and processing of an original, signed Certificate of Insurance showing evidence of coverages and that Loudoun County Public Schools is the Certificate Holder. Emailed electronic scans of the original certificate from Contractor’s insurance representative will be accepted. The certificate shall be filed with the LCPS Procurement Office, 21000 Education Court, Ashburn, VA 20148 prior to the provision of work, services, and products. NOTE: Certificates of insurance shall comply with the provisions of Section 38.2-518 of the Code of Virginia, 1950 as amended. New Virginia code impacting the issuance of certificates of insurance went into effect July 1, 2012. On request, Contractor will provide certified copies of all required insurance coverages within ten (10) business days of request by LCPS. The certified copies shall be sent to LCPS from Contractor’s insurance representative. Any request made under this provision shall be deemed confidential and proprietary. 5.5 The certificates shall provide evidence that the following minimum insurance coverages, limits, and endorsements required herein are in full force and effect. Contractor’s insurance agents/brokers shall provide insurance policy endorsements for those coverages below requiring Loudoun County Public Schools as an Additional Insured on Contractor’s liability coverages. Workers’ Compensation Insurance—Virginia Statutory Benefits Employers’ Liability Insurance—$1,000,000 each accident and each employee Commercial General Liability Insurance—$1,000,000 each Legal Liability of $100,000 per occurrence for comprehensive and collision/upset causes of loss, with “on hook” or similar coverage if towing on behalf of LCPS. Loudoun County Public Schools shall be named as an Additional Insured/Loss Payee. Installation Floater—special form property or inland marine insurance coverage in an amount equal to the contract cost, protecting the interests of LCPS, Contractor, sub-contractors, and including property in transit and property on or off-premises which shall become part of the work. Loudoun County Public Schools shall be named as an Additional Insured/Loss Payee. Third Party Commercial Fidelity Bond for Employee Dishonesty on a Blanket Basis with a minimum limit of $100,000. The bond shall be endorsed to cover “Third Party” liability including a third-party beneficiary clause in favor of Loudoun County Public Schools. The bond shall include a minimum twelve (12) month “Discovery Period” when written on a loss sustained basis. 4 RFP #R22287 Fuel Services 41 Item b. Environmental or Pollution Legal Liability Insurance—$10,000,000 each occurrence providing coverage for asbestos or other hazardous substance removal, transportation, disposal, and sudden and accidental damages for, but not limited to, third-party liability, clean up, and corrective action including assessment, remediation, and defense costs. Coverage may be provided on a stand-alone policy or by way of endorsement to the Commercial General Liability policy. Policy shall include a discovery (tail) reporting period and a retroactive date that equals or precedes the effective date of Contractor’s performance of work hereunder. Coverage may be provided on a per project basis. Loudoun County Public Schools shall be named as an Additional Insured. Professional (Errors and Omissions) Liability Insurance with a minimum limit of $1,000,000 per claim to cover the negligence, wrongful acts, errors, or omissions for Contractor’s professional services and legal liability. It is preferred that the coverage be on an occurrence basis. Examples of Contractor’s professional services include, but are not limited to, those with specialized knowledge or skills and those required to be licensed or certified to perform the required scope of work or services. occurrence and on an annual aggregate “per project” basis. Coverage shall name Loudoun County Public Schools as an Additional Insured and shall include coverages, not limited to, Products/Completed Operations, Independent Contractors, Contractual Liability, and Cross Liability. Explosion, Collapse, and Underground (XCU) coverage shall be provided as applicable to the scope of work. Business Automobile Liability Insurance—$1,000,000 combined single limit each occurrence. Coverage shall include liability for Owned, Non-Owned, and Hired vehicles. In the event Contractor does not own vehicles, Contractor agrees to maintain coverage for Hired and Non-Owned Automobile Liability which may be satisfied by way of endorsement to the Commercial General Liability policy or separate Business Automobile Liability policy. Commercial Umbrella/Excess Liability Insurance—$5,000,000 each occurrence, naming Loudoun County Public Schools as an Additional Insured, unless the coverage is on a pure/true follow form basis. Garage Liability Insurance—the Garage Liability coverage form may satisfy the same requirement as maintaining Commercial General Liability and Business Auto Liability insurance. Garagekeeper’s “Claims-Made” Insurance Policies—Contractor agrees to maintain a Retroactive Date prior to or equal to the effective date of providing work and services. Coverage Retroactive Date shall be maintained for at least three (3) years beyond the expiration date of the policy in force at the time of this contract award. In the event the policy is cancelled, non-renewed, switched to an Occurrence Form, retroactive date advanced, or any other event triggering the right to purchase a Supplemental Extended Reporting Period (SERP) during the provision of work, services, and products, Contractor agrees to purchase a SERP with a minimum reporting period not less than three (3) years. The requirement to purchase a SERP shall not relieve Contractor of the obligation to provide replacement coverage. 5.6 Additional Insured Status—Contractor agrees the liability insurance coverages as specified herein for Contractor’s work, services, and products shall be endorsed to include LCPS as an Additional Insured. The Additional Insured status shall be provided with endorsements providing equal or broader coverage for Designated Person or Organization; Owners, Lessees, or Contractors; and Contractor’s Products-Completed Operations (your work) whether required by, or in the absence of, a written contract. Coverage shall be primary and non-contributory with any other insurance and self-insurance. The Additional Insured shall read “Loudoun County Public Schools, its officers and employees.” 5.7 Waiver of Subrogation—Contractor agrees to a Waiver of Subrogation for each required policy herein. When required by the insurer, or should a policy condition not permit Contractor to enter into a pre-loss agreement to waive subrogation without an endorsement, then Contractor agrees to notify the insurer and request the policy be endorsed with a Waiver of Transfer or Rights of Recovery Against Others, or its equivalent. This Wavier of Subrogation requirement shall not apply to any policy, which includes a 5 RFP #R22287 Fuel Services 42 Item b. condition specifically prohibiting such an endorsement, or voids coverage should Contractor enter into such an agreement on a pre-loss basis. 5.8 Deductibles, Self-Insured Retentions, Coverage Limitations and Exclusions—Contractor agrees to be fully and solely responsible for any costs, expenses, or losses not covered as a result of policy deductibles, coinsurance penalties, self-insured retentions, and coverage limitations and exclusions. When a deductible or self-insured retention exceeds $25,000, LCPS reserves the right, but not the obligation, to request a copy of and review Contractor’s most recent annual report or audited financial statement. For deductible and self-insured retention amounts that exceed acceptability to LCPS, Contractor agrees, when requested by LCPS, to maintain a Commercial Surety Bond in an amount equal to said deductible amount. 5.9 Insured Losses—Contractor agrees that insured losses are to be adjusted with LCPS and made payable to LCPS as trustee or loss payee where applicable. 5.10 Notice of Cancellation, Non-Renewal, or Material Change in Coverage— Contractor shall provide a new certificate prior to any change, renewal, or cancellation date. There shall be no cancellation, non-renewal, material change, or potential exhaustion of aggregate limits of insurance coverages without forty-five (45) days written notice by Contractor or its insurer. LCPS shall have the right, but not the obligation, of prohibiting Contractor from providing work, services, and products until a new Certificate of Insurance evidencing the replacement coverage is provided to LCPS. Contractor agrees LCPS reserves the right to withhold payment to Contractor until evidence of reinstated or replacement coverage is provided to LCPS. If Contractor fails to maintain the insurance as set forth herein, Contractor agrees LCPS shall have the right, but not the obligation, to purchase replacement insurance, which Contractor agrees to reimburse any premiums or expenses incurred by LCPS. 5.11 Right to Revise or Reject—LCPS reserves the right, but not the obligation, to revise any insurance requirement, not limited to limits, coverages and endorsements, based on the insurance market conditions affecting the availability or affordability of coverage, or changes in the scope of work/specifications affecting the applicability of coverage, or to reject any insurance policies which fail to meet the criteria stated herein. Additionally, LCPS reserves the right, but not the obligation, to review and reject Contractor’s insurer due to its poor financial condition or failure to operate legally in the Commonwealth of Virginia. In such events, LCPS shall provide Contractor written notice of such revisions or rejections. 5.12 No Representation of Coverage Adequacy. The coverages, limits, or endorsements required herein protect the primary interests of LCPS, and Contractor agrees in no way shall these required coverages be relied upon when assessing the extent or determining appropriate types and limits of insurance coverage to protect Contractor against any loss or risk exposures herein or otherwise. 5.13 Safety and Health Regulations—Contractor and all subcontractors shall comply with the Occupational Safety and Health Act of 1970, Public Law 91-956, and with all Occupational Safety and Health Administration (OSHA), State and County Safety and Occupational Health Standards and any other applicable rules and regulations as they may apply to the requested work, services, and products. Also, all Contractors and subcontractors shall be held responsible for the safety of their employees and any unsafe acts or conditions that may cause injury or death to any persons and/or damage to any property. 5.14 Contract Control of All Tasks—Contractual and other liability insurance shall not contain a supervision or inspection exclusion that would preclude LCPS from supervising and/or inspecting the work, services, and products provided. Contractor shall assume all on-the-job responsibilities as to the control of persons directly employed by it and of the subcontractors and any persons employed by the subcontractors. 5.15 Indemnification—To the fullest extent permitted by law, Contractor agrees to save, defend, keep harmless and indemnify Loudoun County Public Schools and all of its officials, agents, volunteers, and employees from and against any and all claims, lawsuits, liabilities, loss, damage, injury, costs (specifically including reasonable litigation costs, attorney’s fees and defense costs of third party claims), charges, liability, and exposure, caused in whole or in part by the negligent acts, errors, omissions, or breach of the applicable standard of care resulting from or arising out of, or in any way connected with, the provision of work, services, and products required herein by Contractor, Supplier, Contractor’s subcontractor(s), or anyone 6 RFP #R22287 Fuel Services 43 Item b. directly or indirectly employed or hired by Contractor or anyone for whose acts Contractor may be liable. LCPS reserves the right, but not the obligation, to participate in defense without relieving Contractor of any obligation hereunder. Contractor agrees this indemnity obligation shall continue in full force and effect until Contractor completes the provision of the required work, services, and products, except that indemnification shall continue for all products or completed operations after final acceptance of the work, services, and products by LCPS. Contractor agrees that this indemnification and hold harmless shall include claims involving infringement of patent or copyright. This section shall survive Contractor’s provision of work, services, and products, and the purchase of insurance by Contractor shall in no event be construed as a fulfillment or discharge of the obligations set forth in this section. LCPS is prohibited from indemnifying and holding harmless Contractor and/or any third parties. Nothing herein shall be construed as a waiver of LCPS’ sovereign immunity under law. 6. PERIOD OF CONTRACT 6.1 The period of the contract will be three (3) years from the date of award, with the option to renew for two (2) additional two-year periods, assuming satisfactory vendor performance and successful fulfillment of the contract requirements. Loudoun County Public Schools and the contractor must mutually agree on the renewal of the contract after the initial three-year term. 6.2 Upon mutual agreement with the contractor, LCPS may exercise the option to extend this contract for a period not to exceed up to one (1) additional contract year beyond the renewals provided in the original contract. 7. SUBCONTRACTING 7.1 No portion of the contract shall be subcontracted or otherwise performed by a party not an employee of the contractor, except with the prior consent of the Loudoun County Public Schools. In the event that the Contractor desires to subcontract some part of the work specified herein, the Contractor shall furnish the procurement office the names, qualifications and experience of their proposed subcontractors. The Contractor shall, however, remain fully liable and responsible for the work to be done by its subcontractor(s) and shall assure compliance with all requirements of the contract. 8. COMPETITION INTENDED 8.1 Nothing herein is intended to exclude any responsible firm or in any way restrain or restrict competition. On the contrary, all responsible firms are encouraged to submit proposals. 8.2 In signing their proposals, Offerors are certifying that their proposal is made without any previous understanding, agreement, or connection with any person, firm, or corporation making a proposal for the same materials supplies, equipment and/or services, and is in all respects fair and without collusion or fraud. 9. VIRGINIA STATE CORPORATION COMMISSION COMPLIANCE 9.1 Effective July 1, 2010, the Code of Virginia was amended to require that a offeror organized or authorized to transact business in the Commonwealth of Virginia pursuant to Title 13.1 or Title 50 of the Code of Virginia, as amended or otherwise required by law, shall include in its proposal the Identification Number issued to such offeror by the Virginia State Corporation Commission (SCC) Furthermore, any offeror that is not required to be authorized to transact business in the Commonwealth of Virginia as a domestic or foreign business entity under Title 13.1 or Title 50 or as otherwise required by law, shall include in its proposal a statement describing why the offeror is not required to be so authorized. 7 RFP #R22287 Fuel Services 44 Item b. An Attribute verifying compliance with this Virginia State Corporation Commission regulation must be submitted with the proposal response. Refer to the ‘Attributes Section’ of the LCPS Electronic Bidding System to select the following options: A. Offeror is a corporation or other business entity with a Virginia SCC identification number. If Offeror chooses option A from the dropdown in the above attribute ‘VA SCC Compliance’ then the Offeror needs to enter in the provided text field their VA SCC member number. B. Offeror is not a corporation, limited liability company, limited partnership, registered limited liability partnership, or business trust. C. Offeror is an out-of-state business entity that does not regularly and continuously maintain as part of its ordinary and customary business any employees, agents, offices, facilities, or inventories in Virginia (not counting any employees or agents in Virginia who merely solicit orders that require acceptance outside Virginia before they become contracts, and not counting any incidental presence of the Offeror in Virginia that is needed in order to assemble, maintain, and repair goods in accordance with the contracts by which such goods were sold and shipped into Virginia from Offeror’s out-of-state location). D. Offeror is an out-of-state entity that is including with this proposal an opinion of legal counsel which accurately and completely discloses the undersigned Offeror’s current contacts with Virginia and describes why those contacts do not constitute the transaction of business in Virginia within the meaning of §13.1-757 or other similar provisions in Titles 13.1 or 50 of the Code of Virginia. E. Offeror has not completed any of the foregoing options but currently has pending before the VA SCC an application for authority to transact business in the Commonwealth of Virginia and wish to be considered for a waiver to allow you to submit the SCC identification number after the due date for proposals (LCPS reserves the right to determine in its sole discretion whether to allow such waiver). Provide proof of application. For more information on this requirement, vendors should consult with their attorney and/or contact the Virginia State Corporation Commission at (804) 371-9967; or email at sccinfo@scc.virginia.gov. Their website is: www.scc.virginia.gov/index.aspx. THE AMERICANS WITH DISABILITIES ACT IF, DUE TO A DISABILITY, YOU NEED ASSISTANCE TO ENABLE YOU TO PARTICIPATE MEANINGFULLY IN THE RFP PROCESS, PLEASE CONTACT ANDREA PHILYAW, AT 571- 252-1270, AT LEAST FIVE (5) WORKING DAYS PRIOR TO THE PROPOSAL DUE DATE. 8 RFP #R22287 Fuel Services 45 Item b. TECHNICAL SPECIFICATIONS 1. GENERAL SPECIFICATION: The purpose of this Request for Proposal is to obtain a qualified source(s) to provide LCPS a firm fixed cost differential rate per gallon and automatic delivery of diesel fuel, unleaded gasoline, and diesel exhaust fluid to LCPS-owned fuel sites; firm fixed cost differential rates per gallon for Retail Purchases of gasoline and diesel fuels; Diesel Exhausted Fluid, liquid propane, firm fixed hourly rates for the repair of existing and/or future fuel storage and dispensing equipment; a fixed monthly price to conduct monthly inspections of Central Garage and VSC Fuel Facilities in accordance with DEQ and EPA requirements; a fixed annual price to provide an annually updated Spill Prevention, Control, and Countermeasure Plan for LCPS Fuel Facilities, and firm fixed pricing for fuel storage tank cleaning for LCPS owned fuel sites, in accordance with the specifications, terms and conditions stated herein. Repair of existing equipment, and Tank Cleaning may be subcontracted in accordance with paragraph 7.1 of Fuel Specifications. 1. BACKGROUND: Loudoun County is located 40 miles northwest of Washington, D.C. and 35 miles east of Winchester, Virginia. The county encompasses 521 square miles and stretches from Dulles International Airport in the east to the Potomac River in the north and the West Virginia state line toward the northwest. Loudoun County Public Schools is the third largest school division in the Commonwealth of Virginia. Established in 1870, LCPS is located in the rapidly growing Washington metro-area. Each year, approximately 2,500 new students enroll in our schools, and one to three new school facilities are opened to accommodate them. LCPS serves more than 80,000 students in 97 facilities: 18 high schools, 17 middle schools, 60 elementary schools and two county-wide instructional programs (Academies of Loudoun and North Star School). LCPS currently owns approximately 800 school buses and 550 various other types of vehicles which are fueled at two (2) separate locations in the county. LCPS Fuel Sites are also utilized by the Loudoun County Government which includes Police, Fire and Rescue, and General County Government vehicles. Total vehicle population between the two entities is approximately 2500 vehicles and equipment. LCPS estimates annual usage of on-road diesel fuel to be approximately 2,100,000 gallons and the annual usage of unleaded gasoline to be approximately 950,000 gallons. Depending on needs, quantity of vehicle fuels may increase or decrease during the contract period. 3. SCOPE OF CONTRACT: a. Contractor shall provide all necessary labor, supervision, tools, parts, materials, and bulk Diesel Exhaust Fluid, transportation and resources as may be required to provide both diesel and gasoline fuels to include delivery on an “automatic fill” and on an “as-needed” basis into above and below ground storage tanks based on firm fixed cost differential rates plus current Oil Price Information Service (herein referred to as OPIS) pricing at LCPS owned sites (listed in Attachment A) and contractor owned or operated sites, retail locations, throughout Loudoun County; hourly repair rates for on-site fuel equipment repairs at LCPS sites and fixed pricing for storage tank cleaning services, in accordance with the specifications and terms and conditions stated herein. In addition, the Contractor shall submit a Transition Plan and Supporting Network Description with their proposal, transition plans shall not exceed 60 days in length. b. Contractor shall provide monthly inspections of LCPS-owned Facilities as identified in Attachment A in accordance with Virginia Department of Environmental Quality and U.S. Environmental Protection Agency requirements. c. Contractor shall provide an annually updated Spill Prevention, Control, and Countermeasure Plan for LCPS-owned Fuel dispensing facilities identified in Attachment A. 4. OIL PRICE INFORMATION SERVICE: The OPIS line item pricing shall be taken from the current OPIS Fairfax, VA, unbranded rack average price for each fuel type. Fuel prices shall be taken from the Weekly Pricing as read on the close of business on each Thursday of each week and a full OPIS report supplied to the LCPS 9 RFP #R22287 Fuel Services 46 Item b. Technical Point of Contact (TPOC) on each Friday by 10:00 a.m. via email. For bid purposes, the OPIS pricings for each type of fuel indicated in the Pricing Schedule, Section 18 shall be the price taken Thursday evening on May 12, 2022 at 5:00 p.m. EDT. Offeror shall include a copy of the OPIS report with their bid submittal indicating the line items being read for the OPIS pricing. 4.1 BID PRICE: Bid price shall be in the form of a firm fixed delivered Cost Differential Rate per gallon and shall include pricing for fuels that will increase or decrease in a like amount with the increases or decreases in the OPIS weekly price reporting all charges that may be imposed in fulfilling the terms of this contract. Pricing will be in dollars and cents per gallon and vendor pricing shall be limited to four digits past the decimal point, (e.g. $x.xxxx). Hourly rates are also included for any necessary repairs of on-site equipment. Firm fixed unit prices for fuel storage tank cleanings are also required. 4.1.1 The Cost Differential Rate(s) shall be for the complete delivery to LCPS to include all necessary treatments and additives. No additional charge or surcharge is permissible. However, “across the board” price decreases are subject to implementation at any time and shall be immediately conveyed to LCPS. 4.1.2 Cost Differential Rate(s) must be net and exclusive of “all” taxes including Gross Receipts tax. 4.1.3 Cost Differential Rate, hourly rates and firm fixed unit prices shall include all direct and indirect costs such as travel, insurance, profit and overhead, supervision, etc. 4.1.4 The Contractor shall provide a percentage discount off manufacturer’s list prices for repair parts for the manufacturer indicated in the Pricing Schedule, Section 13. 4.1.5 The Contractor shall provide vendor invoices when requested by the LCPS TPOC, as back-up for any miscellaneous parts and materials associated with the assigned project to substantiate any cost to the Contractor. 4.1.6 The bid prices shall be for the complete delivery, ready for LCPS use, and shall include all applicable freight charges; extra charges will not be allowed for shipment to multiple locations. Extra charges will not be allowed for New or replacement cards, card holders, reports, and required or requested fuel transaction files. 4.1.7 The Contractor shall provide one (1) copy of the manufacturer’s current published price list with proposal for the manufacturer identified in Section 13, Pricing Schedule. Failure to submit price list may result in eliminating the Bidder from further consideration for award. Bidders are recommended to provide alternatives, if any, in obtaining price lists other than hard copy format, e.g., Electronic Data Interchange, CD Rom, Flash Drive, et cetera. 5. SOFTWARE REQUIREMENTS: 5.1 The Contractor shall be required to provide transactional information described in Section 8 (Reports) for any authorized fuel transaction that occurs regardless of the method or location of procurement. 5.2 Data Conversion: Contractor shall take daily data from each fuel site and configure the data to interface with the LCPS Maintenance Information System software, CCG Systems, Inc. dba Faster Asset Solutions (herein referred to as CCG/Faster). Contractor shall work directly with CCG/Faster (800.753.2783) for them to provide the Contractor with the data conversion (script) required so that LCPS will have the capability to download the data with no additional effort by LCPS staff. 5.2.1 Fuel Cards: Contractor shall provide to LCPS, if necessary, fuel management cards which shall be coded to interact with existing E-Fueling site equipment to the LCPS Technical Point of Contact. Two (2) cards shall be supplied for each authorized vehicle under the control of LCPS fuel 10 RFP #R22287 Fuel Services 47 Item b. management system. For security reasons, the second card shall have a unique card number, not a copy of the primary card. All such secondary cards maintained by LCPS shall be preauthorized by the Contractor for immediate use by the Customer. 5.2.1.1 Fuel cards shall be provided to LCPS no later than two (2) weeks prior to contract take over. New and replacement cards shall be delivered within 5 business days of request. Costs for these cards and any future need of cards shall be factored into the bid differential amounts. 5.2.1.2 Contractor shall have the capability to limit the mileage entered by the card holder. The mileage entered shall be limited to 900 miles from the last fueling and the mileage cannot be less than the mileage from the previous fueling for two (2) attempts. On the third attempt, the fueling transaction shall be allowed to continue regardless of the mileage entered. 5.2.1.3 Contractor shall have the capability to limit fuel amounts, type of fuel used and transactions per day at LCPS and vendor owned/operated sites, and the ability to toggle “on and off” access to retail fuel sites, for the specific vehicle being fueled by each card. 5.2.1.4 It is required that retail sites accept the cards and PINs that will be used for LCPS sites and contractor owned or operated fuel sites. 6. EXISTING FUEL PURCHASE: The awarded Contractor will pay LCPS’ current Contractor (Quarles Petroleum, Inc.) for all existing fuel currently stored in each LCPS owned tank at the most current Thursday evening OPIS prices as outlined in Oil Price Information Service, Section 4, established by this contract as part of a final invoice. (This will not be necessary if the awarded Contractor is the incumbent.). This date will be the official notice to proceed to Contractor. 7. FUEL SPECIFICATIONS: The contractor shall provide all fuel at LCPS sites. (See Attachment A for tank sizes and locations.) Fuel provided will be No. 2-D S15 Ultra Low Sulfur Diesel and a reformulated unleaded regular- grade gasoline with an octane rating of no less than 87. Fuel will remain the property of the vendor until it is pumped into a vehicle owned by the School System, the County of Loudoun, or any County supported organization that may be authorized by LCPS to be added to the account in the future. Fuels will meet the following specifications: 7.1 Diesel Fuel: Diesel fuel shall be S-15 Ultra Low Sulfur Diesel Fuel, No. 2 Diesel conforming to the respective detailed requirements as listed in ASTM Standard D-975 or latest edition for #2-D S-15 in the United States, with a minimum cetane index rating of 45. Cetane rating will be computed using the ASTM D-976 method. Lubricity, using ASTM D6079-02 or latest HFRR test method at a temperature of 60°C, maximum wear scar diameter shall not exceed 460 micrometers. 7.2 The calculated cetane method will be used to determine cetane rating of fuel delivered. Please refer to ASTM D-976 latest edition for test method to ensure a minimum cetane index rating of 45 is being delivered. Only Ultra Low Sulfur Diesel with a maximum sulfur content of 15 ppm will be accepted. 7.3 Unleaded Gasoline: Unleaded Gasoline shall conform to the respective detailed requirements as listed in ASTM Standard D4814 or latest addition as it relates to unleaded gasoline. Regular grade gasoline shall have a minimum 87 octane rating, and conform to the current RFG requirements in effect, but shall not exceed a blend of E10, or 10% ethanol. All gasoline shall have an additive package which contains a high detergent additive, a fuel injector cleaner, anti-knock compound and current commercial additives normally added to gasoline blended for resale to the public. Additives will be injected at the loading rack and will 11 RFP #R22287 Fuel Services 48 Item b. meet regional, State, Federal and specifically Loudoun County, VA’s requirements for reed vapor pressure. Additive package will be equal to or exceed specifications of Lubrizol 8192P. 7.4 Diesel Fuel Blending: During the colder months of November - March, diesel fuel will be treated with a winter treatment and during all other months, diesel fuel will be treated with a summer treatment to the following specifications: 7.4.1 Winter Treatment: 7.4.1.1 Fuel shall be pre-treated, injection method at the rack. 7.4.1.2 Treatment ratio maximum required by type of treatment used. 7.4.1.3 Treatment shall disperse moisture to prevent filter icing with the minimum dispersing capabilities of 125 PPM. 7.4.1.4 Treatment shall lower CFPP on a broad spectrum of fuels to at least 0° Fahrenheit. 7.4.1.5 Treatment shall lower Pour Point a minimum of -20°Fahrenheit on a broad spectrum of fuels. 7.4.1.6 Treatment shall contain a cetane improver. 7.4.1.7 Treatment shall contain an injector cleaner. 7.4.1.8 Treatment shall be able to reduce exhaust smoke and maintain low emission level standards of 55% or less. 7.4.1.9 Treatment shall include a lubricity package. 7.4.1.10 Treatment shall contain a fuel-dispersing package to enhance the fuel combustion process. 7.4.1.11 Fuel shall meet all Federal and State regulations for sale as an over the road No. 2 Diesel fuel. 7.4.2 Summer Treatment: 7.4.2.1 During all other months (April – November), diesel will be blended with a summer treatment to a minimum of the following specifications. 7.4.2.2 Fuel shall be pre-treated, injection method at the rack. 7.4.2.3 Treatment ratio will not be less than the minimum requirement of the product used. 7.4.2.4 Treatment shall have moisture dispersing capabilities of not less than 150 ppm. 7.4.2.5 Treatment shall have a cetane improver. 7.4.2.6 Treatment shall contain a fuel stabilizer. 7.4.2.7 Treatment shall contain an injector cleaner. 7.4.2.8 Treatment shall contain a fuel-dispersing package to enhance the fuel combustion process. 7.4.2.9 Treatment will contain a lubricity package. 7.4.2.10 Treatment shall be able to reduce exhaust smoke and maintain low emission level standards of 55% or less. 7.4.2.11 Fuel shall meet all Federal and state regulations for sale as an over the road No. 2 Diesel fuel. 12 RFP #R22287 Fuel Services 49 Item b. 7.5 Fuel Delivery/Time of Performance: The Contractor shall be required to have readily accessible for delivery, sufficient quantities of fuel to ensure prompt delivery. The Contractor shall inspect the tank fill systems with the LCPS TPOC, or his designee, to confirm current status and operational abilities of the tank fill systems prior to making the initial product deliveries. 7.5.1 All delivery personnel must be properly trained and deliveries must be completed in a safe and professional manner. 7.5.1.1 Delivery driver shall measure tank level with a stick, whenever possible, prior to unloading product to assure tank overfill will not occur. 7.5.1.2 Delivery driver shall use, whenever possible, vapor recovery lines on all deliveries. 7.5.1.3 Delivery drivers must remain in attendance outside of truck, within 10 feet and in control of nozzle, shut off valve, pump or other emergency operating device at all times while unloading product. 7.5.1.4 Smoking is strictly prohibited while on County or School owned property. 7.5.2 Deliveries: 7.5.2.1 Deliveries shall be made on an automatic basis and determined by use of “Veeder Root” systems installed at each LCPS location. Contractor shall have the Automated Remote capability of reading tank levels to determine when refills are required. Fuel tanks shall not be allowed to fall below 40% capacity. 7.5.2.2 With the exception of emergencies, deliveries shall be made to LCPS fuel sites between the hours of 6:00 p.m. and 5:00 a.m. on regular LCPS business days. There will be no time restriction for holiday or weekend deliveries. Where required, a key will be provided to the awarded Contractor for access to the fueling sites. 7.5.2.3 Emergency Delivery: In the event of an emergency as determined by LCPS, the Contractor shall be required to provide a call back to the LCPS TPOC, or his designee, within one (1) hour of the emergency service request by LCPS. The Contractor shall be required to provide the emergency product supply within four (4) hours upon a verbal request from LCPS, seven (7) days per week, twenty-four (24) hours per day. 7.5.2.4 Guaranteed Deliveries: LCPS refueling sites will be guaranteed deliveries to the extent that they are a top priority for the Contractor. During any fuel shortages, natural disasters, inclement weather, or for any other reasons which fuel may become a national or local delivery problem, the Contractor agrees to deliver to these LCPS sites prior to servicing other customers to include Contractor owned stations. 7.5.2.5 Contractor shall provide a customer service staff available to LCPS at a toll-free telephone number providing twenty-four (24) hour a day, seven (7) days a week services to respond to emergency and exceptional fuel or service requests. This customer service person shall allow manually authorized transactions and immediately lock out PINs or cards as requested by the LCPS TPOC or designee. 7.5.3 Fuel Testing Services: At no additional cost to LCPS, Contractor shall have an ongoing testing/cleaning support program that will identify the following: Sulfur, API Fuel Gravity, Cloud Point, Pour Point, CFPP, IBP & EP, Recovery Rate and Water content. With the first loads of fuel, samples shall be pulled and tested and copies of those tests will be provided to the LCPS TPOC within twenty (20) calendar days of samples being pulled. This will be used for benchmarking future tests. However, this ongoing testing of the above shall be conducted at a minimum of two times annually (April and November). Contractor shall routinely inspect for, remove and properly 13 RFP #R22287 Fuel Services 50 Item b. dispose of water from LCPS tanks in the event of a high water alarm or at 1/2 inch in depth, whichever occurs first. 7.5.4 Spillage: 7.5.4.1 The Contractor shall be responsible for complying with all federal, state and local environmental regulations relating to transportation, handling, storage, spillage and any other aspect of providing services, as applicable. 7.5.4.2 The Contactor shall be responsible for the spill containment, and prompt, thorough clean-up of all spillage caused by the Contractor, in accordance with Environmental Protection Agency (EPA), Virginia Department of Environmental Quality (DEQ), and Occupational Safety and Health Administration (OSHA) specifications. The Contractor shall assume any and all liability for the cost of the cleanup and any additional incurred fee associated with the spill due to Federal, State or local regulations. 7.5.5 Upon award of contract, the Contractor shall submit Material Safety Data Sheets (MSDS) for the product; spill response plan; draft spill notification to be submitted to regulatory agencies and a list of Emergency Response Contractors that will be contacted to complete remedial action for the Contractor. This documentation shall be provided to the LCPS TPOC within ten (10) business days after notification of award. This documentation can be sent via email to the LCPS TPOC. 8. REPORTS: Contractor shall provide by email or make available online the following reports to the LCPS TPOC or designee. Reports shall be in an easy to read format so as to reduce the amount of time and effort required to identify problems and/or exceptions. At a minimum, all reports shall be able to accept date or date range, account, and card or vehicle number criteria. 8.1 Daily: By 10 a.m. each business day, export of prior days transactions which shall include information listed below and transaction count and gallon totals. (Refer to section 5.2, Data Conversion). Also, a download report or online access reporting where Vehicle or Card Number will report transaction details including the following data: 8.1.1 Transaction ID 8.1.2 Vehicle or Card & Account 8.1.3 Odometer Reading 8.1.4 Fuel Site & Pump/Hose 8.1.5 Quantity 8.1.6 Unit Cost 8.1.7 Total Cost 8.1.8 Transaction Date and Time 8.1.9 Driver ID or PIN 8.1.10 Product Type 8.2 Daily: By 4:00 p.m. down load report or online access reporting which identifies specific exceptions to include but not limited to the following circumstances: 14 RFP #R22287 Fuel Services 51 Item b. 8.2.1 Locked cards 8.2.2 Mileage/odometer override or errors 8.2.3 Duplicated transactions 8.2.4 Off hours fueling 8.2.5 Weekend Fueling 8.2.6 Fuel issues exceeding vehicle tank capacity 8.2.7 Wrong product type 8.2.8 Mid or High grade fuels (gas or diesel) 8.2.9 Aviation or Gaseous Fuels 8.2.10 Multiple fueling transactions for the same vehicle 8.2.11 Emergency PIN used 8.3 Weekly: On Mondays and by 4:00 p.m. down load report or online access reporting which enables LCPS to obtain the following: 8.3.1 Cost and Quantity summaries by fuel type or location 8.3.2 Transaction Exceptions by Vehicle and Date Range 8.3.3 Billing by Product and Date Range 8.3.4 Report of on-site fuel deliveries including; amount delivered and date of delivery by product and Date Range. 8.4 All necessary compliance reports required, to include leak detection, other compliance reports and reconciliation for Federal, State and Local agencies. Copies of any reports generated to these agencies shall be sent to the LCPS TPOC. Copies shall be forwarded within two (2) business days after receipt and/or submission. 9. INVOICES: LCPS shall not be invoiced for any fuel until it is dispensed into an authorized vehicle. Fuel pricing will be based on the bidder’s differential(s) quoted in this solicitation for the entire contract period. Contract pricing for fuels will increase or decrease in a like amount with the increases or decreases in the OPIS weekly price reporting. All LCPS transactions shall be invoiced weekly. Invoices may be submitted electronically via email to the LCPS TPOC or designee in an Excel spreadsheet. The Contractor shall provide information and assistance as needed to enable LCPS to reconcile vendor billing to transactions imported by LCPS into Faster maintenance information system. Invoices shall include the following information at a minimum: 9.1 Fuel Purchased (by type) 9.2 Total Gallons of fuel(s) dispensed to two (2) decimal places 9.3 Account & Card Number(s) 9.4 Vehicle Number(s) 9.5 Date(s) of purchase 9.6 OPIS Price with cost differential included 15 RFP #R22287 Fuel Services 52 Item b. 9.7 Site(s) at which fuel was purchased 9.8 A summary sheet shall be included listing the following for each account; each type of fuel, total gallons dispensed per fuel type for the billing period, the total cost per fuel type for the billing period and the grand total amount. 9.9 Invoices will be paid by LCPS as they are received and approved. 9.10 LCPS invoices shall be sent to: LCPS Central Vehicle Maintenance 42000 Loudoun Center Place Leesburg, VA 20175 Attn: JoLeni Wince, JoLeni.Wince@lcps.org 10. REPAIR SERVICES: Upon execution of the contract, Contractor shall provide repair services in order to keep the site(s) operational on a twenty-four (24) daily basis. This would include but is not limited to site controllers, fuel island terminals, monitoring devices, tanks, pumps, lines, dispensers, hoses, nozzles, card readers, modems, cables, wires, etc. 10.1 All repair services shall be performed and billed at the hourly rates and any pricing of parts and materials shall be based on the percentage off discount indicated in the Pricing Schedule, Section 13. 10.2 LCPS currently has eFueling Technologies components installed at the fuel site locations and as indicated in Attachment A. 10.3 Phase 2 Vapor Recovery: This equipment shall be maintained and tested by the Contractor in a manner that meets all Federal, State, Regional and Local laws, mandates and regulations. 10.4 Repair Certifications: The Contractor shall provide qualification certificates and/or resumes for employees working on LCPS fuel sites covered by this contract. Contractor is required to submit manufacturer certifications of technicians repairing various systems deployed at LCPS fuel sites; e.g. Veeder Root tank monitoring systems, Gasboy dispensers, eFueling Technologies site controllers and card readers, and Red Jacket submersible pumps. Only employees certified on the specific systems being maintained will be authorized to perform repairs. If manufacturer certifications are unavailable, technicians must have a minimum five years’ experience in repairing various fuel dispensing and control systems. 10.5 Pump and Dispenser Calibration: 10.5.1 All LCPS sites use submersible pumps. Replacement of any pumps during the course of this contract will be made with submersible pumps that meet or exceed specifications of current pumps while incorporating the latest technology available, such as variable displacement. 10.5.2 Contractor shall provide bi-annual testing, certification, and calibration for fuel dispensers located at all LCPS locations. Certifications at a minimum shall consist of metered flow rate, measurement of ‘metered amount’ to ‘dispensed amount’ into certified containers, and dispenser leak detection results. Copies of test results and certifications shall be provided to the LCPS TPOC for review and filing at the Central LCPS location. Initial calibrations shall be performed within 60 days of contract start and costs shall be billed at the hourly repair rates indicated in the Pricing Schedule, Section 13. 10.6 Repair Work Hours: 10.6.1 Routine repair services shall be performed Monday through Friday from 7:00 a.m. to 4:00 p.m. 16 RFP #R22287 Fuel Services 53 Item b. 10.6.2 Any service requests that are made or work required between the hours 4:00 p.m. and 7:00 a.m., Monday through Friday, LCPS observed holidays and/or weekends shall be considered as overtime. 10.6.3 Bidders shall indicate, on the Pricing Schedule, a contact person’s name and telephone number for working hours, 7:00 a.m. – 4:00 p.m., Monday through Friday. Answering machines are unacceptable as a point of contact. For emergency calls, outside normal School working hours, nights and weekends, the bidder shall list on the Pricing Schedule a contact person and telephone number or answering service. 10.7 Repair Services Response Time Requirements: The Contractor shall respond to site problems as required below. 11.7.1 Immediate Notifications 11.7.1.1 LCPS TPOC shall be immediately notified of any fire, safety, and health problems found at LCPS fuel sites. 11.7.1.2 LCPS TPOC shall be notified immediately of any tank monitoring system alarms at LCPS fuel sites, this includes but is not limited to; low fuel, leak detection and high water alarms. 11.7.1.3 LCPS TPOC shall be notified immediately when it is anticipated that a fuel site will be out of service for more than 4 hours. 11.7.1.4 LCPS TPOC shall be notified immediately of any and all unsafe conditions found by the Contractor at LCPS owned fuel sites. 11.7.2 Maximum 30- minute response time required for: 11.7.2.1 Fuel spills caused by the Contractor at any site. (See Section 7.5.4.) 11.7.2.2 Site service problems that can be corrected by computer and modem inputs from a remote location. 11.7.2.3 Customer authorization lockouts (lock PINs or Cards) 11.7.2.4 Resetting or unlocking of PINs or Cards 11.7.2.5 Card or PIN deletions 11.7.3 Maximum 2-hour response time required for: 11.7.3.1 Site service problems that cannot be corrected by computer and modem input from a remote location. 11.7.3.2 Any regulatory non-compliance issues possessing the potential for environmental risk and exposure. 11.7.3.3 Nozzle, hose, pump (if greater than 25% of pumping capacity per product is down), hardware or software replacement or repair. 11.7.3.4 Add customer authorizations (PINs) 11.7.3.5 System troubleshooting and repair. 17 RFP #R22287 Fuel Services 54 Item b. 11.7.3.6 Repair of tank monitoring system failures including but not limited to; low fuel, leak detection and high water alarms. LCPS TPOC shall be notified immediately of any such tank monitoring system failures at LCPS fuel sites. 11.7.4 Four (4) hour on-site response time required for all other service requirements not identified above. 11.7.5 Downtime Limitations: 11.7.5.1 No site shall be out of operation for more than four (4) hours. The only time a site shall be down for longer than this period will be for obtaining and delivery of necessary parts. 11.7.5.2 The Contractor must notify the LCPS TPOC immediately when it is anticipated that a site will be down for parts. 11.7.5.3 At the direction of the LCPS TPOC, a site may be required to be operated manually. Should that occur, the Contractor shall have capabilities to dispense the required types of fuels on-site and shall man the site and maintain written or electronic records, which shall be forwarded on a daily basis to the LCPS TPOC. 11.7.5.4 Hours of operation for the refueling sites in these situations shall be 6:00 a.m. to 8:00 p.m. daily, as required by LCPS TPOC. The contractor will be compensated at the hourly rate(s) indicated in the Pricing Schedule, Section 13. 11.7.5.5 Fuel supplied to fleet vehicles during a site outage will be priced at the on-site contract rates regardless of the dispensing method used. 11.8 Warranty: Except as otherwise specified, all materials and equipment shall be fully guaranteed against defects in material and workmanship for any equipment repairs for a period of one year or manufacturer’s warranty (whichever is greater) following date of repair(s). Should any defect be noted by LCPS, the LCPS TPOC will notify the Contractor of such defect or nonconformance. Notification will state either (1) that the Contractor shall replace or correct, or (2) the owner does not require replacement or correction, but an equitable adjustment to the contract price will be negotiated. If the Contractor is required to correct or replace, it shall be at no cost to LCPS and shall be subject to all provisions of this clause to the same extent as materials initially delivered. If the Contractor fails or refuses to replace or correct the deficiency, the office issuing the purchase order may have the materials corrected or replaced with similar items and charge the Contractor the cost occasioned thereby or obtain an equitable adjustment in the contract price. 12. STORAGE TANKS: Upon Notice of Intent to Award, the Contractor shall within five (5) days conduct fuel site inspections with the LCPS TPOC at all sites. At that time, at Contractor’s cost, the Contractor will ascertain the integrity of all fuel tanks. Any issues or problems with tanks shall be provided to the LCPS TPOC in writing within five (5) days after site inspections. Once the inspections are completed and the LCPS TPOC has been notified, the Contractor shall accept in writing to the LCPS TPOC no later than the Notice to Proceed date, the tanks as fully operational. 12.1 The Contractor, during the term of this contract shall monitor all tanks for leakage. 12.2 The Contractor must provide a written description of the process used to monitor inventory levels and schedule fuel deliveries in order to maintain specified minimum levels. This document shall include vendor’s methodology for preventing product outages in the event of a tank monitoring system failure. 12.3 Tank tightness testing and leak detection shall be the responsibility of the Contractor to ensure tanks meet all Local, State, Regional and Federal laws and regulations. 18 RFP #R22287 Fuel Services 55 Item b. 12.4 Tank Maintenance: LCPS shall be responsible for maintenance of tanks owned by LCPS. 12.4.1 Any and all unsafe conditions found by the Contractor on LCPS owned tanks shall be immediately reported to the LCPS TPOC or his designee. Contractor shall provide repair services as necessary and as indicated in the hourly rates of the Pricing Schedule, Section 13. 12.4.2 All costs incurred to repair LCPS owned tanks shall be borne by LCPS. 12.5 Fuel Tank Cleaning: Fuel tank cleaning will be required on an as needed basis based on results of both scheduled and random tank testing. 12.5.1 Fuel tank cleanings shall be conducted at the firm fixed unit prices for both above and below ground tank sizes as indicated in the Pricing Schedule, Section 13. 12.5.2 Contractor shall ensure that fuel tank cleaning process is completed in accordance with Federal, State and local laws and regulations (as applicable). 12.5.3 All tanks requiring cleaning will have proper accessibility to be provided by LCPS. 12.5.4 The opening of the fuel storage tanks is the responsibility of the Contractor. Extreme care must be taken in the removal of covers, piping or other features in gaining access to the tank. Damage to any aspect of the tank shall be the responsibility of the Contractor to make necessary repairs. 12.5.5 The demarcation between the contaminated and uncontaminated fuels shall be agreed upon by the Contractor and the LCPS TPOC, on site and prior to beginning of cleaning work. 12.5.6 Uncontaminated fuel shall be pumped into a holding tank provided by the Contractor. Once the cleaning process has been completed, the fuel is to be pumped back into the storage tank. 12.5.7 After removal of the uncontaminated fuel, Contractor shall pump out all contaminated fuel and dispose of it in accordance with all Federal, State, and local laws and regulations to include environmental contamination preclusion measures. 12.5.8 Separate transports shall be used for the handling of uncontaminated fuels. These transports shall not be ones used for the removing and transporting of water, sludge or waste contaminated fuels. 12.5.9 Tanks shall be scrubbed to remove all oil, scale and sediment with all contaminants suctioned out. 12.5.10 Tanks are to be inspected for any potential leaks and/or bad joints or welds and the LCPS TPOC shall be notified of any defects found before the tank is refilled. Contractor shall correct any defects after approval of the LCPS TPOC at the hourly repair rates indicated in the Pricing Schedule, Section 13. 12.5.11 All fuel lines between the storage tank and filtration point(s) are to be back flushed and cleaned. Fill and vent lines shall be mechanically or chemically cleaned. 12.5.12 After cleaning completion, the tank shall be inspected by the LCPS TPOC or designee. No cleaned tank shall be sealed closed until the LCPS inspection has been completed. 12.5.13 Once the tank has passed LCPS inspection; the Contractor shall tighten down and properly seal the covers with new gaskets and bolts to prevent potential leakage. Secured covers shall be water tight. 12.5.14 Sealed tanks shall then be refilled with the uncontaminated fuel from the holding tank. Under no circumstances will the cleaned tanks be left in an empty, un-ballasted condition. Tanks are to be refilled with sufficient quantity of uncontaminated fuel to preclude uplift. 12.5.15 It is the responsibility of the Contractor to keep the property clean at all times and to leave the job site free of debris and fuel deposits 19 RFP #R22287 Fuel Services 56 Item b. 13. PRICING SCHEDULE: (Reference “Exhibit A: Fuel Services_Pricing Schedule” (excel sheet)) Offeror shall provide a firm fixed delivered Cost Differential Rate per gallon to deliver diesel fuel, unleaded gasoline and diesel exhaust fluids – diesel and unleaded gasoline to include additives for; LCPS sites and Contractor owned or operated sites, and retail sites; firm fixed hourly rates for fuel site repair services, and firm fixed unit prices for fuel storage tank cleaning in accordance with the specifications and terms and conditions identified herein. Prices shall be inclusive of all necessary taxes and fees. Cost Differential Rates, Hourly Rates and Unit Prices shall include all direct and indirect costs such as travel, insurance, permits, profit and overhead, supervision, etc. Offeror shall indicate a percentage discount off manufacturer’s list price. Fixed Price Contract (FPC) for a portion of LCPS fuel purchases: The fuel availability lifting rate will be defined for each month of the FPC in the quote provided by Contractor and no FPC price will apply until the fuel availability lifting rate is mutually agreed upon. a. The FPC will be effective at all LCPS facilities and Contractor owned and operated cardlock facilities in the Commonwealth of Virginia. b. After the agreed upon FPC gallons are purchased the rate for additional gallons purchased during each month will default to the Pricing Schedule rates currently in place under the Contract R22286. c. Establishment and locking In the FPC price. d. The Contractor shall provide LCPS a primary point of contact that Is responsible for providing price quotes for the FPC price. This point of contact will be provided upon the execution of this contract. e. LCPS shall provide the Contractor a primary point of contact who is authorized to approve or decline any quote provided to lock In an FPC price. This point of contact will be provided upon the execution of this Contract. f. Upon a request from LCPS the Contractor primary point of contact will be responsible to provide LCPS the quotes for all FPC prices. Part1: SECTION 1 - FUEL DELIVERY– VENDOR SITES Description Unit of Issue Estimated Annual Quantity OPIS - Fairfax, VA Weekly Pricing Fixed Cost Differential Federal and Virginia Spill & Storage Fees Total Fixed Cost differential Total Amount Diesel Fuel – Ultra Low Sulfur Gallon 1,630,000 $ $ $ Unleaded Fuel – 87 Octane Gallon 905,000 $ $ $ Unleaded Fuel - Retail Gallon 45,000 $ $ $ Diesel Fuel – Retail Gallon 20,000 $ $ $ Liquid Propane Gallon Diesel Exhaust Fluid Gallon TOTAL AMOUNT – FUEL DELIVERY $ 20 RFP #R22287 Fuel Services 57 Item b. SECTION 1 - FUEL DELIVERY– LCPS OWENED SITES Description Unit of Issue Estimated Annual Quantity OPIS - Fairfax, VA Weekly Pricing Fixed Cost Differential Federal and Virginia Spill & Storage Fees Total Fixed Cost differential Total Amount On Road Diesel Fuel – Ultra Low Sulfur Gallon 1,630,000 $ $ $ Unleaded Fuel – 87 Octane Gallon 905,000 $ $ $ On Road Diesel Fuel - Ultra Low Sulfur non-transport Gallon 45,000 $ $ $ Unleaded Fuel – 87Octane non-transport Gallon 20,000 $ $ $ Liquid Propane Gallon Diesel Exhaust Fluid Gallon TOTAL AMOUNT – FUEL DELIVERY $ Diesel Exhaust Fluid price shall be based on the month over month change as listed in the NOLA Index under the average price for Urea as published In the Bloomberg Green Markets Report. Price changes shall be reflected in a per gallon amount and shall be effective on the first day of the month following the NOLA index publishing. Liquid Propane price will be calculated using the AePEX average plus the fixed cost differential. 21 RFP #R22287 Fuel Services 58 Item b. SECTION 1 - FUEL DELIVERY– LCG FUEL REQUIREMENTS Description Unit of Issue Estimated Estimated Annual Quantity OPIS - Fairfax, VA Weekly Pricing Fixed Cost Differential Federal and Virginia Spill & Storage Fees Total Fixed Cost differential Total Amount On Road Diesel Fuel – Ultra Low Sulfur Gallon 379,864 $ $ $ Unleaded Fuel – 87 Octane Gallon 1,000,000 $ $ $ On Road Diesel Fuel - Ultra Low Sulfur non-transport Gallon 73,972 $ $ $ Unleaded Fuel – 87Octane non-transport Gallon 210,000 $ $ $ Premium Unleaded non transport Gallon 6,900 Liquid Propane Gallon Diesel Exhaust Fluid Gallon 8,250 TOTAL AMOUNT – FUEL DELIVERY $ Part 2: Prices shall be inclusive of all necessary taxes and fees. Hourly Rates shall include all direct and indirect costs such as travel, insurance, administrative cost, supervision, etc Labor Rates – Regular Time – 7:00 a.m. to 4:00 p.m. Monday through Friday Labor Rates – Overtime – 4:00 p.m. to 7:00 a.m. Monday through Friday, Weekends and Holidays. All overtime rates shall not exceed time and half. Offeror indicating anything over time and a half will be declared non-responsive SECTION 2 - FUEL SITE REPAIR SERVICES – See paragraph 1, Purpose, Subcontractors Description Unit of Measure Est. Annual Qty Firm Fixed Hourly Price Total Amount Technician – Regular Time Hour 25 $ $ Technician – Overtime Hour 10 $ $ TOTAL AMOUNT – FUEL SITE REPAIR SERVICES $ Percentage Discount Off Manufacturer’s List Price: eFueling Technologies ____________% Price List Dated_______________ 22 RFP #R22287 Fuel Services 59 Item b. Part 3: SECTION 3 - FUEL STORAGE TANK CLEANING Description Unit of Measure Qty. Unit Price Total Amount Fuel Storage Tank Cleaning – 6,000 gallon – Above Ground Each 1 $ $ Fuel Storage Tank Cleaning – 9,000 gallon – Above Ground Each 1 $ $ Fuel Storage Tank Cleaning – 20,000 gallon – Below Ground Each 2 $ $ TOTAL AMOUNT – FUEL STORAGE TANK CLEANING $ Part 4: SECTION 4 - FUEL SITE INSPECTION Description Unit of Measure Qty. Unit Price Total Amount Central Fueling Facility Month 12 $ $ Valley Service Center Month 12 $ $ TOTAL AMOUNT – FUEL SITE INSPECTION $ Part 5: The plan for the SPCC maintenance must meet all DEQ and EPA requirements. Please visit https://www.epa.gov/oil-spills-prevention-and-preparedness-regulations/spill-prevention-control-and- countermeasure-19 and https://www.epa.gov/sites/default/files/documents/spccbluebroch.pdf for more details. SECTION 4 - SPCC PLAN Description Unit of Measure Qty. Unit Price Total Amount Central Fueling Facility Annual 1 $ $ Valley Service Center Annual 1 $ $ TOTAL AMOUNT –SPCC PLAN $ 23 RFP #R22287 Fuel Services 60 Item b. Contact Information Answering machines are unacceptable as a point of contact. Offerors shall indicate a contact person and the toll free telephone number for normal working hours as specified in section 7.5.2.5. For emergency calls, nights and weekends, the Offeror shall list a contact person and telephone. Offerors using a voice mail system or answering service shall be required to initiate a call back to sender within fifteen (15) minutes. Contact Person (Normal Hours): _______________________________________ Toll Free Office Telephone Number: ___________________________________ Cell Number: _____________________________________________________ Normal Working Hours: ______________________________________________ Contact Person (Emergency Hours): ____________________________________ Cell Number: ______________________________________________________ 24 RFP #R22287 Fuel Services 61 Item b. ATTACHMENT A - FUEL SITE LOCATIONS AND TANK SIZES 1. Central Fueling Facility, 42000 Loudoun Center Place, Leesburg, Va. 20175 # Of Hoses: 12 hoses (six gasoline, six diesel) Tanks: UST 1 capacity: 20,000 gallons, Fiberglass reinforced plastic – Double-wall, installed June 1991, Diesel, Red Jacket Submersible Pump. UST 2 capacity: 20,000 gallons, Fiberglass reinforced plastic – Double-wall, installed June 1991, Gasoline, Red Jacket Submersible Pump. Phase 2: Yes Tank Monitoring: Yes Pumps: Red Jacket Submersible Pump 2. Valley Service Center, 38159 West Colonial Highway, Hamilton, VA 20158 # Of Hoses: 4 hoses (two gasoline, two diesel) Tank: AST capacity: 15,000 gallons (9,000 Diesel / 6,000 Gasoline), double wall steel, installed January 2003, Red Jacket Submersible Pump. Phase 2: No Tank Monitoring: Yes Pumps: Red Jacket Submersible Pump 25 RFP #R22287 Fuel Services 62 Item b. REQUIRED SUBMITTALS 1. Evidence of the offeror’s experience and abilities in the specified area and other disciplines directly related to the proposed work. 2. The methodology proposed to provide the scope of the service 3. Profiles and resumes of the staff to be assigned to the project. 4. Names, addresses and telephone numbers of persons who may be contacted for reference. We would be especially interested in references from schools and/or governments for which you have performed similar fuel services. (Reference Attachment B) 5. Attachment C completed 6. Contact Information 7. Pricing Schedules (Exhibit A: excel sheet to be completed as a separate attachment). 8. Written description of the process used to monitor inventory levels and schedule fuel deliveries in order to maintain specified minimum levels. This document shall include vendor’s methodology for preventing product outages in the event of a tank monitoring system failure. 9. Transition Plan and Network description 10. OPIS Report for 5/12/22 11. Sample reports, as described in Sections 8.1, 8.2, and 8.3 of Technical Specifications 12. Manufacturers Price List 13. A current Certificate of Insurance, in compliance with all requirements in Section 5 of General Specifications. SELECTION CRITERIA A selection committee will review and evaluate all proposals and identify firms that may be invited to submit more detailed proposals, conduct oral presentations, or both. The selection committee will rely primarily on the proposals submitted in selection of finalists. Therefore, vendors must emphasize specific information considered pertinent to the project and submit all information requested. The following criteria will be considered in selecting a firm to provide a turnkey fuels operation: 1. The extent to which the proposal meets the requirements of this solicitation and the extent to which the vendor is likely to be able to achieve the desired results. (20 points) 2. Experience and history of the vendor in the particular services covered by the solicitation – references may be considered. (20 points) 3. Capability of software to generate reports as defined in Section 8 of Technical Specifications. (10 points) 4. The methodology proposed for processes to monitor tanks and schedule fuel deliveries. (15 points) 5. Cost of the services to be provided. (35 points) 26 RFP #R22287 Fuel Services 63 Item b. ATTACHMENT B: VENDOR DATA SHEET 1. Qualification: The vendor must have the capability and capacity in all respects to satisfy fully all of the contractual requirements. 2. Vendor’s Primary Contact for Awarded Contract: Name: Title: Phone: email: 3. Vendor’s Account Manager Contact: Name: Title: Phone: email: 4. Vendor’s Emergency Contact: Name: Title: Phone: email: Toll-Free: 5. Years in Business: Indicate the length of time you have been in business providing this type of good or service: Years Months 6. Indicate below a listing of at least three (3) current school, local government, or similar entity, that your company is servicing, has serviced, or has provided similar goods/services. Include the length of service and the name, address, and telephone number of the point of contact. In addition to this section, please submit a more detailed list of references including description of the scope of services provided and email address of the contact person. A. Entity: Contact: Phone :( ) Fax: ( ) Email: Project: Services Performed: Dates of Service: $ Value: B. Entity: Contact: Phone :( ) Fax: ( ) Email: Project: Services Performed: Dates of Service: $ Value: C. Entity: Contact: Phone :( ) Fax: ( ) Email: Project: Services Performed: Dates of Service: $ Value: I certify the accuracy of this information. Signed: Title: Date: 27 RFP #R22287 Fuel Services 64 Item b. ATTACHMENT C: PROPRIETARY CONFIDENTIAL INFORMATION IDENTIFICATION Trade secrets or proprietary information submitted by an offeror shall not be subject to public disclosure under the Virginia Freedom of Information Act; however, the offeror must invoke the protections of § 2.2- 4342F of the Code of Virginia, in writing, either before or at the time the data or other material is submitted. The written notice must specifically identify the data or materials to be protected including the section of the proposal in which it is contained and the page numbers and state the reasons why protection is necessary. The proprietary or trade secret material submitted must be identified by some distinct method such as highlighting or underlining and must indicate only the specific words, figures, or paragraphs that constitute trade secret or proprietary information. In addition, a summary of proprietary information submitted shall be submitted on this form. The classification of an entire proposal document, line item prices, and/or total proposal prices as proprietary or trade secrets is not acceptable. If, after being given reasonable time, the offeror refuses to withdraw such a classification designation, the proposal will be rejected. Name of Firm/Offeror: , invokes the protections of § 2.2-4342F of the Code of Virginia for the following portions of my proposal submitted on (Date). Signature: Title: DATA/MATERIAL TO BE PROTECTED SECTION NO., & PAGE NO. REASON WHY PROTECTION IS NECESSARY 28 RFP #R22287 Fuel Services 65 Item b. Loudoun County Public Schools ASHBURN, VIRGINIA GENERAL CONDITIONS AND INSTRUCTIONS TO OFFERORS (Vendor: The General Conditions and Instructions to Offerors that follow apply to all purchases by Loudoun County Public Schools (LCPS), through the Procurement Division and become a definite part of each formal solicitation, purchase order, or other award issued by the Procurement Division, unless otherwise specified. Offerors and/or their authorized representatives are expected to fully inform themselves as to the conditions, requirements, and specifications before submitting an offer. Failure to do so will be at the offeror’s own risk, and an offeror cannot secure relief from the conditions on the plea of error.) Subject to all applicable laws, ordinances, policies, resolutions, regulations, and all limitations imposed thereby, offers on all solicitations issued by the Procurement Division will bind offerors to the conditions and instructions herein set forth unless otherwise specified in the solicitation. 1. AUTHORITY-The Purchasing Agent shall serve as the principal purchasing official for LCPS and shall be responsible for the procurement of goods and services, with the exception of construction, the responsibility for which shall reside with the Assistant Superintendent for Support Services. The Purchasing Agent shall be appointed, supervised and subject to the direction of the Division Superintendent or his/her designee. Bids, proposals, and purchase orders for Loudoun County Public Schools are pursuant to School Board Policy which is in compliance with the Virginia Public Procurement Act, Va. Code §2.2-4300, et. seq. In the discharge of these responsibilities, the Purchasing Agent may be assisted by other staff. Any purchase order or contract made contrary to these provisions and authorities shall be of no effect and void, and the School Board and Loudoun County Public Schools shall not be bound thereby. All contacts between offerors or prospective offerors shall be only with the Purchasing Agent or other designated employee of the Loudoun County School Board. No offeror or potential offeror shall initiate or engage in any discussions with any other employee of the School Board or any member of the School Board while a solicitation is outstanding concerning the contents of such solicitation or with the intent to influence or interfere with the contract award authorized by and described in such solicitation. A violation hereof may result in a disqualification of such offeror. SPECIFICATIONS 2. QUESTIONS OR COMMENTS-Any substantive information a prospective offeror desires concerning a solicitation beyond what is contained in the solicitation, including without limitation, questions about specifications and requirements, shall be requested of the Purchasing Agent, in writing, at least five days before the opening date of bids or proposals. Requests not received within five days of the opening date need not be considered unless the Purchasing Agent, in his or her sole discretion, deems it in LCPS interest to do so. Any material interpretation made to prospective offerors will be expressed in the form of a written addendum to the solicitation which shall be posted on the LCPS website. It shall be the offeror’s responsibility to monitor the website for changes. Addenda will be posted no later than three days before the opening date. Oral answers shall not be authoritative and shall not provide any basis for reliance by an offeror. Offerors shall acknowledge receipt of any addenda with their offer. Failure to do so may cause the offer to be rejected as nonresponsive. 3. a) BRAND NAME OR EQUAL ITEMS-Unless otherwise provided in the Invitation to Bid (IFB) or Request for Proposal (RFP), the name of a certain brand, make or manufacturer does not restrict offerors to the specific brand, make, or manufacturer named. Such a brand name conveys the general style, type, character and quality of the article desired, and any article which LCPS, in its sole discretion, determines to be the equal of that specified, considering quality, workmanship, economy of operation, and suitability for the purpose intended shall be accepted. 29 RFP #R22287 Fuel Services 66 Item b. b) SECRETS OR PROPRIETARY INFORMATON- Trade secrets or proprietary information submitted by a bidder, offeror or contractor in connection with a procurement transaction or prequalification application submitted pursuant to subsection B of § 2.2-4317 shall not be subject to the Virginia Freedom of Information Act (§ 2.2-3700 et seq.); however, the bidder, offeror or contractor shall (i) invoke the protections of this section prior to or upon submission of the data or other materials, (ii) identify the data or other materials to be protected, and (iii) state the reasons why protection is necessary. 4. FORMAL SPECIFICATIONS-When an IFB or RFP indicates that it is a "formal specification" (no substitute), or otherwise states that the article specified, and no other, shall be provided, then the offeror shall furnish the article in strict conformity with the specification and may not offer a purported equal or substitute. The offeror shall abide by and comply with the true intent of the specifications and not take advantage of any unintentional error or omission. The offer shall fully complete every part as the true intent and meaning of the specifications and drawings. Whenever a specification requires articles, materials, or workmanship to conform to laws, ordinances, regulations, building codes, underwriter laboratory standards, ASTM standards, or similar law or standards, the specification shall be construed to require at least the minimum acceptable standard allowed by the cited law or standard under the circumstances unless otherwise indicated. BID PROCESS 5. TIME FOR RECEIVING BIDS-Bids received prior to the time of opening will be securely kept unopened. The Purchasing Agent or a representative whose duty it is to open them will decide when the specified time has arrived, and no bid in a procurement by competitive sealed bidding received thereafter will be considered, unless the Purchasing Agent determines, in his or her sole discretion, that delay in receipt of the bid until after the specified time was the fault of LCPS, the bidder could not have obtained any undue advantage because of the delay, and consideration of the bid would not compromise the integrity of the bid system. No responsibility will be attached to the Purchasing Agent or representative for the premature opening of a bid not properly addressed, received, and identified. 6. BIDDERS PRESENT-In procurements by competitive sealed biding, at the time fixed for the opening of sealed bids, their contents will be made public for the information of bidders and other interested parties, who may be present either in person or by representative. All bids will be opened at the time and place specified and read publicly and remain available for inspection in the Office of the Purchasing Agent during regular business hours by bidders prior to award (unless a determination is made not to make an award) and by the general public after an award is made. The Purchasing Division will provide each bidder a notification of award. PLEASE NOTE: Proposals submitted in response to Requests for Proposal are not opened publicly and are negotiated contracts. The Purchasing Division will release the names of those submitting proposals after the time for receipt of proposals has passed. 7. OMISSIONS AND DISCREPANCIES-Unless otherwise indicated, any specification for an item of equipment shall be interpreted to include not only the item of equipment specified, but also those parts, items, appurtenances and accessories reasonably necessary to make the equipment complete and working. 8. WITHDRAWAL OF BIDS-A bidder may withdraw his/her bid from consideration if the price bid was substantially lower than the other bids due solely to a mistake therein, provided the bid was submitted in good faith, and the mistake was a clerical mistake, as opposed to a judgment mistake, and was actually due to an unintentional arithmetic error or an unintentional omission of a quantity of work, labor or material made directly in the compilation of a bid, which can be clearly shown by objective evidence drawn from inspection of original working papers, documents and materials used in the preparation of the bid sought to be withdrawn. The following procedure shall be used to request withdrawal of a bid, other than for a public construction contract: (a) Requests shall be submitted and delivered to the Purchasing Agent or his/her representative in writing. 30 RFP #R22287 Fuel Services 67 Item b. (b) A bidder shall give notice in writing of his/her claim of right to withdraw his/her bid within ten business after notice of intent to award or notice of award, whichever occurs first. (c) Requests shall include all objective evidence as to why the bidder contends his/her bid meets the above criteria for withdrawal due to mistake, including without limitation, originals of work papers. (d) The Superintendent shall decide whether the bid may be withdrawn on contracts of less than $100,000. On contracts of $100,000 or more the School Board will make the determination. A decision denying withdrawal of a bid shall be final and conclusive unless the bidder appeals the decision within ten days after receipt of the decision by instituting legal action as provided in Section 2.2-4364B of the Code of Virginia. (e) If a bid is withdrawn under the authority of this section and the solicitation is not cancelled, the lowest responsive and responsible remaining bid shall be deemed to be the low bid. No bidder who is permitted to withdraw a bid shall, for compensation, supply any materials or labor to or perform any contract or other work agreement for the person or firm to whom the contract is awarded or otherwise benefit, directly or indirectly, from the performance of the project for which the withdrawn bid was submitted. 9. ERRORS IN BID-When an error is made in extending the total prices, the unit bid price will govern. Erasures on hardcopy bids must be initialed by the bidder. Carelessness in quoting prices or in preparation of the bid otherwise will not relieve the bidder. Bidders are cautioned to recheck their bids for possible errors. Errors discovered after public opening cannot be corrected, and the bidder will be required to perform if his bid is accepted, unless the bidder successfully withdraws its bid in accordance with paragraph 8, Withdrawal of Bids. 10. BIDDERS INTERESTED IN MORE THAN ONE BID-If more than one bid is offered by any one person, by or in the name of their clerk, partner, firm, or corporation, all such bids may be rejected. A contractor who has quoted prices on work or supplies to a bidder is not thereby disqualified from quoting prices to other bidders or firms submitting a bid directly for the work, material or supplies. 11. TAX EXEMPTION-LCPS is exempt from the payment of any federal excise or Virginia sales tax. The price bid must be net, exclusive of taxes. When under established trade practice, any federal excise tax is included in the list price; bidder may quote the list price and shall show separately the amount of federal excise tax, either as a flat sum or as a percentage of the list price, which shall be deducted by LCPS. All offerors, however, shall assure that all their real and personal property taxes owed to the County of Loudoun are paid prior to submitting an offer. AWARD 12. RESPONSIBLE BIDDER-In determining the responsibility of a bidder, the following criteria will be considered: (a) The ability, capacity and skill of the bidder to perform the contract or provide the services required: whether they can perform the contract or provide the service promptly, or within the time specified, without delay or interference. (b) The character, integrity, reliability, reputation, judgment, experience and efficiency of the bidder. (c) The quality of performance on previous contracts. (d) The previous and existing compliance by the bidder with laws and ordinances relating to the contract or services. (e) The sufficiency of the financial resources and ability of the bidder to perform the contract or provide the service. (f) The quality, availability, and adaptability of the goods or services to the particular use required. 31 RFP #R22287 Fuel Services 68 Item b. (g) The ability of the bidder to provide future maintenance and service for the use of the subject of the contract. (h) The number and scope of the conditions attached to the bid. (i) Whether the bidder is in arrears on a debt or contract or is in default on a security to LCPS or whether the bidder's county taxes or assessments are delinquent. (j) Such other information as may be secured by the Purchasing Agent having a bearing on the decision to award the contract. (k) If the bid from the lowest responsible, responsive bidder exceeds available funding, negotiations may be conducted with the apparent low bidder to obtain a contract price within available funds. 13. NOTICE OF AWARD/CONTRACT DOCUMENTS-A written award furnished to the successful bidder shall be deemed to result in a contract binding on the bidder. To the extent they are included in or incorporated by the solicitation, the following documents are hereby incorporated in and shall form a part of the resulting contract: (a) LCPS Solicitation, Award Notice, and other documents which may be incorporated by reference, if applicable. (b) General Conditions and Instructions to Offerors. (c) Special Provisions. (d) Pricing Schedule. (e) Any Addenda/Amendments. (f) Purchase Order. (g) No awardee of any Loudoun County Public School’s contract shall issue a press release or in any other way advertise their contract with Loudoun County Public Schools without the express written permission of Loudoun County Public Schools. 14. TIE BIDS-In case of a tie bid, preference shall be given to County and State bidders in that order; otherwise the tie shall be decided by lot. Please note: Consistent and continued tie offerings could cause rejection of offers by LCPS and/or investigation for Anti- Trust violations. 15. PROMPT PAYMENT DISCOUNT-For purposes of entitlement to any prompt payment discount offered by a bidder: (a) The date from which LCPS has to pay will be upon delivery to LCPS, inspection, and acceptance by LCPS, or receipt of a correct invoice by the office specified by LCPS. (b) If the bidder does not specify a time within which payment is to be made for its prompt payment discount to apply, then the time shall be thirty (30) days. (c) Payment shall be deemed made as of the date of mailing of the LCPS check to the vendor. 32 RFP #R22287 Fuel Services 69 Item b. 16. INSPECTION-ACCEPTANCE-For determining acceptance of supplies in accordance with the provisions of the Prompt Payment Discount paragraph, inspection and acceptance shall be accomplished only after examination (including testing) of supplies and services to determine whether the supplies and services conform to the contract requirements. CONTRACT PROVISIONS Cooperative Procurement: As authorized in Section 2.2-4304 of the Code of Virginia, if applicable, this procurement is being conducted on behalf of and may be used by public bodies, agencies, institutions, and localities of the several states, territories of the United States, and the District of Columbia with the consent of the contractor. Upon notification of award, vendors will be issued a rider clause that is to be completed by the contractor and returned within ten days of notification of award. 17. TERMINATION OF CONTRACTS-Contracts will remain in force for full periods specified and/or until all articles ordered before date of termination shall have been satisfactorily delivered and accepted and thereafter until all requirements and conditions shall have been met unless: (a) Terminated prior to expiration date by satisfactory deliveries of entire contract requirements, or upon termination by the School Board for convenience or cause, or upon termination by Contractor for material breach by LCPS. (b) Extended upon written authorization of the Purchasing Agent and accepted by Contractor, to permit ordering of unordered balances or additional quantities at contract prices and in accordance with contract terms. 18. TERMINATION FOR CONVENIENCE-A contract may be terminated by the School Board in accordance with this clause in whole or in part whenever the Purchasing Agent shall determine that such a termination is in the best interests of LCPS. Any such termination shall be effected by delivery to the Contractor at least (5) working days prior to the termination date of a Notice of Termination specifying the extent to which performance shall be terminated and date upon which such termination becomes effective. An adjustment in the contract price shall be made to compensate the contractor for his/her actual costs incurred in performance prior to termination that, as determined in the School Board’s discretion, are reasonable, allocable, and allowable, plus a reasonable amount of profit on such costs. In no event shall the LCPS or the School Board be liable to the contractor for anticipated profits for unperformed work or undelivered goods or for any consequential, special, incidental, or punitive damages of any kind. In no event shall LCPS be liable for any amount over the contract price. 19. TERMINATION OF CONTRACT FOR CAUSE- (a) The School Board may, by written notice of termination to the Contractor specifying a termination date at least five days thereafter, terminate this contract for cause in whole or in part if the Contractor (1) fails to deliver the goods or perform the services this contract requires within the time this contract specifies, or (2) fails to perform any of its other obligations under this contract or violates any provision of this contract. (b) If this contract is terminated for cause, the Purchasing Agent may require the Contractor to transfer title and deliver to LCPS, as directed by the Purchasing Agent, any completed or partially completed goods and documents, data, studies, surveys, drawings, maps, models and reports ("deliverables") prepared by the Contractor under the contract. LCPS shall pay the contract price for such completed goods and deliverables. The Contractor and Purchasing Agent shall agree on the amount of payment for partially-completed goods and deliverables the School Board requires the Contractor to transfer and deliver to it. If the parties fail to agree, then the Contractor may present a claim to LCPS for its reasonable costs for the partially-completed goods and deliverables. Costs recoverable shall be limited to those that, as determined in LCPS discretion, are reasonable, allocable, and allowable. Such costs in no event shall exceed the contract price for the goods and deliverables if completed. 33 RFP #R22287 Fuel Services 70 Item b. (c) Notwithstanding the above, the Contractor shall not be relieved of liability to LCPS for damages sustained by LCPS by virtue of any breach of contract by the Contractor for the purpose of setoff until such time as the exact amount of damages due to LCPS from the Contractor is determined. (d) If the School Board terminates this contract for cause when cause, in fact, does not exist, then the termination shall for all purposes be deemed a termination for convenience under this contract, and the termination for convenience clause shall apply for all purposes. (e) If Contractor properly terminates this contract for material breach by LCPS, Contractor’s damages shall be limited to the amounts recoverable by Contractor for a termination for convenience. 20. CONTRACT MODIFICATIONS-No modifications in the terms of a contract shall be valid or binding upon LCPS unless made in writing, signed, and duly authorized by LCPS. 21. FUNDING-A contract shall be deemed binding only to the extent of appropriations available to LCPS for the purchase of such articles. 22. NEW GOODS/FRESH STOCK-Unless otherwise specifically stated, the Contractor shall provide new rather than used goods, fresh stock, and the latest model, version, design or pack of any item specified. 23. NONDISCRIMINATION-During the performance of this contract the Contractor agrees as follows: (a) The Contractor will not discriminate against any employee or applicant for employment because of race, religion, color, sex, national origin, age, disability or other basis prohibited by state law relating to discrimination in employment except where there is a bona fide occupational qualification reasonably necessary to the normal operation of the Contractor. The Contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices setting forth the provisions of this non-discrimination clause. (b) The Contractor, in all solicitations or advertisements for employees placed by or on behalf of the Contractor, will state that such Contractor is an Equal Opportunity Employer. (c) Notices, advertisements and solicitations placed in accordance with federal law, rule or regulation shall be deemed sufficient for the purpose of meeting the requirements of this section. (d) The Contractor will include the provisions of the foregoing paragraphs a, b, and c above in every subcontract or purchase order of over ten thousand dollars so that the provisions will be binding upon each subcontractor or vendor. 24. SMALL BUSINESS AND MINORITY BUSINESS ENTERPRISES- (a) It is the policy of LCPS to undertake every effort to increase opportunity for utilization of small businesses and minority businesses in all aspects of procurement to the maximum extent feasible. (b) In connection with the performance of this contract, the Contractor agrees to use his/her best effort to carry out this policy and ensure that Small Businesses and Minority Businesses shall have the maximum practicable opportunity to compete for subcontract work under this contract consistent with the efficient performance of this contract. (c) As used in this contract, the term "Small Business" means a business concern which, regardless of ownership or control, (l) does not exceed fifty (50) employees, (2) gross annual income does not exceed two (2) million dollars, (3) is independently owned and operated (not subsidiary of another firm), and (4) is not dominant in its field of operation. (d) As used in this contract, the term "Minority Business" means a business concern which is operated and controlled by a minority. The term "operated and controlled" shall mean that the managerial staff of the business concern is comprised 34 RFP #R22287 Fuel Services 71 Item b. of minority persons, sufficient in ratio and gross earnings to demonstrate that the business transactions are, in fact, controlled by minority persons; and that the primary power, directly or indirectly, to influence the management of this business concern shall rest with minority persons or a corporation, partnership or sole proprietorship in which minority persons collectively own, operate, control and share in earnings of fifty one (51) percent or more of such an enterprise. (e) As used in this contract, the term "Minority person" means Black, Hispanic, Asian or Pacific Islanders; American Indians or Alaskan Natives; and women, regardless of race or ethnicity. (f) Contractors may rely on oral or written representation by subcontractors regarding their status as small and/or minority business enterprises in lieu of independent investigation. (g) Where federal grants or monies are involved, it is the policy of LCPS through its agents and employees to comply with the requirements set forth - Standards Governing State and Local Grantee Procurement - of the U.S. Office of Management and Budget Circular N. A102, Uniform Administrative Requirements for Grants-in-Aid to State and Local Governments, as they pertain to small and minority business utilization. 25. GUARANTEES & WARRANTIES-Unless otherwise specifically indicated in the solicitation, by entering into the contract, the Contractor itself warrants and guarantees all goods and services furnished (1) in accordance with the General Guaranty and Service Contract Guaranty paragraphs herein, and (2) in accordance with the provisions of the Uniform Commercial Code. In addition, the Contractor shall properly transfer to LCPS all standard warranties given by the manufacturer(s) of any goods furnished. The Contractor shall deliver all manufacturers' warranties to the Purchasing Agent before final payment on the contract. 26. PRICE REDUCTION-If at any time after the date of the bid the Contractor makes a general price reduction in the comparable price of any material covered by the contract to customers generally, an equivalent price reduction based on similar quantities and/or considerations shall apply to the contract for the duration of the contract period (or until the price is further reduced). Such price reduction shall be effective at the same time and in the same manner as the reduction in the price to customers generally. For purpose of this provision, a "general price reduction" shall mean any horizontal reduction in the price of an article or service offered (l) to contractor's wholesalers, jobbers, retailers, etc., which was used as the basis for bidding on this solicitation. An occasional sale at a lower price, or sale of distressed merchandise at a lower price, would not be considered a "general price reduction" under this provision. The Contractor shall submit invoices at such reduced prices indicating on the invoice that the reduction is pursuant to the "Price Reduction" provision of the contract documents. The Contractor in addition will, within ten (10) days of any general price reduction, notify the Purchasing Agent of such reduction by letter. FAILURE TO DO SO WILL BE A BREACH OF THE CONTRACT AND MAY REQUIRE TERMINATION OF THE CONTRACT. Upon receipt of any such notice of a general price reduction, all ordering offices will be duly notified by the Purchasing Agent. 27. CHANGES- (a) The Purchasing Agent may, at any time, without notice to any sureties, by written order indicated to be a change order, and signed by him or her, make changes within the general scope of the contract, including without limitation, changes in (1) specifications (including drawings and designs), (2) method of packing and shipment, (3) method or manner of performance, (4) place of delivery, and (5) time for performance and completion. (b) Within fifteen (15) days of receipt of a change order, the Contractor shall submit a written proposal to the Purchasing Agent for any equitable adjustment to the contract price, delivery schedule, or both, that should in fairness be made due to the change order. The parties shall then agree to and sign a modification to the contract that makes an equitable adjustment to the contract price, delivery schedule, or both. (c) If the parties cannot agree to a modification to the contract, then the Purchasing Agent may either (1) cancel the change order at no expense to LCPS, or (2) order in writing that the Contractor proceed with the change order. 35 RFP #R22287 Fuel Services 72 Item b. (d) If the Purchasing Agent orders in writing that the Contractor proceed with the change order and no adjustment is agreed upon, then the Contractor or Purchasing Agent may submit a claim to LCPS for an equitable adjustment to the contract price, delivery schedule, or both, due to the change order. Any equitable adjustment as to contract price shall be limited to the increase or decrease in cost reasonably attributable to the change order that, as determined in LCPS discretion, is reasonable, allocable, and allowable. Any equitable adjustment as to delivery schedule shall be limited to an increase or decrease in schedule reasonably attributable to the change order. (e) Nothing shall excuse the Contractor from proceeding with the contract as changed by written change order. (f) No payment shall be made to the Contractor for any extra material or services or for any greater amount of money than the written contract stipulates unless the procedures of this clause have been strictly followed. 28. PLACING OF ORDERS-Orders against contracts will be placed with the Contractors on a Purchase Order executed and released by the Purchasing Agent. The Purchase Order must bear the appropriate contract number and date. Where Blanket Purchase Agreements (BPAs) have been executed and a Purchase Order has been released by the Purchasing Agent, telephonic orders may be placed directly with the Contractor by the ordering office. Such agreements (BPA) are normally reserved for the purchase of highly repetitive items on a day-to-day basis. Orders may be made by use of a LCPS purchase card. DELIVERY PROVISIONS 29. SHIPPING INSTRUCTIONS-CONSIGNMENT-Unless otherwise specified in the solicitation, each case, crate, barrel, package, etc., delivered under the contract must be plainly stenciled or securely tagged, stating the Contractor's name, purchase order number, and delivery address as indicated in the order. Where shipping containers are to be used, each container must be marked with the purchase order number, contract number, name of the Contractor, the name of the item, the item number, and quantity contained therein. In case of carload lots, the Contractor shall tag the car, stating Contractor's name and purchase order number. Any failure to mark items as required by the instructions will cause the Contractor to bear the risk of any resulting loss of or damage to material, or late delivery or misdelivery of material and any damages resulting therefrom. Deliveries must be made during LCPS normal business day to a “badge identified” LCPS employee, (Monday to Friday, except holidays, from 8:00 A.M. to 3:30 P.M.) and sufficiently before closing time to permit unloading, inspection, and storage, unless specific arrangements have previously been agreed upon at the delivery point. The Contractor shall ensure compliance with these instructions for items that are drop-shipped. Unless otherwise specified in the solicitation all pricing shall be F.O. B. Destination. 30. RESPONSIBILITY FOR SUPPLIES TENDERED-The Contractor shall be responsible for the materials or supplies covered by the contract until they are delivered at the designated point, but the Contractor shall bear all risk on rejected materials or supplies after notice of rejection. Rejected materials or supplies must be removed by and at the expense of the Contractor promptly after notification of rejection, unless public health and safety require immediate destruction or other disposal of rejected delivery. If rejected materials are not removed by the contractor within ten (10) days after date of notification, the LCPS may return the rejected materials or supplies to the Contractor at Contractor’s risk and expense or dispose of them as its own property. 31. INSPECTIONS-Inspection and acceptance of materials or supplies will be made after delivery at destination herein specified unless otherwise stated. If inspection is made after delivery at destination herein specified, LCPS will bear the expense of inspection except for the value of samples used in case of rejection. Final inspection shall be conclusive except 36 RFP #R22287 Fuel Services 73 Item b. in regards to latent defects, fraud, or such gross mistakes as amount to fraud. Final inspection and acceptance or rejection of the materials or supplies will be made as promptly as practicable, but failure to inspect and accept or reject materials or supplies shall not impose liability on LCPS for such materials or supplies as are not in accordance with the specifications. 32. COMPLIANCE-Delivery must be made as ordered and in accordance with the solicitation or as directed by the Purchasing Agent when not in conflict with the bid. The decision of the Purchasing Agent as to reasonable compliance with delivery terms shall be final. Burden of proof of delivery in receipt of goods by the purchaser shall rest with the Contractor. Any request for extension of time of delivery from that specified must be approved by the Purchasing Agent, such extension applying only to the particular item or shipment affected. 33. DELAY-Should the Contractor be delayed by LCPS, there shall be added to the time of completion a time equal to the period of such delay caused by LCPS. However, the Contractor shall not be entitled to claim damages or extra compensation for such delay or suspension. This provision does not apply to public construction contracts. 34. METHOD AND CONTAINERS-Unless otherwise specified, goods shall be delivered in commercial packages in standard commercial containers, so constructed as to ensure acceptance by common or other carrier for safe transportation to the point of delivery. Containers become property of LCPS unless otherwise specified by bidder. 35. REPLACEMENT-Materials or components that have been rejected by the Purchasing Agent in accordance with the terms of this contract shall be promptly replaced by the Contractor at no cost to LCPS. 36. PACKING SLIPS OR DELIVERY TICKETS-All shipments shall be accompanied by Packing Slips or Delivery Tickets, and shall contain the following information for each item delivered: (1) The Purchase Order Number (2) The Name of the Article and Supplier's Stock Number (3) The Quantity Ordered (4) The Quantity Shipped (5) The Quantity Back Ordered (6) The Name of the Contractor Bidders are cautioned that failure to comply with these conditions shall be considered sufficient reason for refusal to accept the goods. PAYMENTS 37. PAYMENT-Payment shall be made after satisfactory performance of the contract, in accordance with all of the provisions thereof, and upon receipt of a properly completed invoice. LCPS reserves the right to withhold any or all payments or portions thereof for Contractor's failure to perform in accordance with the provisions of the contract or any modifications thereof. 38. PARTIAL PAYMENTS-Unless otherwise specified, partial payments will be made upon acceptance of materials or services so invoiced if in accordance with completion date. However, ten percent (10%) of the value of the entire order may be retained until the completion of the contract. 39. PAYMENTS FOR EQUIPMENT, INSTALLATION, AND TESTING-When equipment involves installation (which shall also be interpreted to mean erection and/or setting upon or placing in position, service or use) and test, and where such installation or testing is delayed, payment may be made on the basis of fifty percent (50%) of the contract price when such equipment is delivered on the site. A further allowance of twenty five percent (25%) may be made when the equipment is installed and ready for test. The balance shall be paid after the equipment is tested and found to be satisfactory. If the equipment must be tested, but installation is not required to be made by the Contractor or if the equipment must be 37 RFP #R22287 Fuel Services 74 Item b. installed but testing is not required, payment may be made on the basis of seventy five percent (75%) at the time of delivery and the balance shall be paid after satisfactory test or installation is completed. 40. PAYMENTS TO SUBCONTRACTORS-Within seven (7) days after receipt of amounts paid to the Contractor by LCPS for work performed by subcontractor under that contract, the Contractor shall either (a) pay the subcontractor for the proportionate share of the total payment received from LCPS attributable to the work performed by the subcontractor under that contract; or (b) notify LCPS and subcontractor, in writing, of Contractor's intention to withhold all or a part of the subcontractor's payment with the reason for nonpayment. The Contractor must pay interest at the rate of one percent per month unless provided otherwise to the subcontractor on all amounts owed by the Contractor that remain unpaid after seven days following receipt by the Contractor of payment from LCPS for work performed by the subcontractor under that contract, except for amounts withheld as allowed in (b) above. The Contractor's obligation to pay an interest charge to a subcontractor may not be construed to be an obligation of LCPS or the School Board. In order to receive payment, individual Contractors must provide their social security numbers; and proprietorships, partnerships, limited liability companies, and corporations must provide their federal employer identification numbers. GENERAL 41. GENERAL GUARANTY-Contractor agrees to: (a) Indemnify and save LCPS, the School Board, its agents, and employees harmless from any claim or liability of any nature or kind for unauthorized use of any copyrighted or uncopyrighted compositions, secret process, patented or unpatented invention, article or appliance furnished or used in the performance of the contract. (b) Protect LCPS against latent defective materials or workmanship and to repair or replace any damages or marring occasioned in transit or delivery. (c) Furnish adequate protection against damage to all work and to repair damages of any kind, to the building or equipment, to his/her own work or to the work of other contractors, for which his/her workers or those providing work through Contractor are responsible. (d) Pay for all permits, licenses and fees and give all notices and comply with all laws, ordinances, rules and regulations of the United States, State, County, and City. (e) Protect LCPS from loss or damage to LCPS-owned property while it is in the custody or control of the Contractor. 42. SERVICE CONTRACT GUARANTY-Contractor agrees: (a) To furnish services described in the solicitation at the times and places and in the manner and subject to conditions therein set forth, provided, however, that LCPS may reduce the said service at any time. (b) To enter upon the performance of services with all due diligence and dispatch; assiduously press to its complete performance and exercise therein the highest degree of skill and competence. (c) All work performed and services rendered shall strictly conform to all laws, statutes, regulations, and ordinances and the applicable rules, regulations, methods and procedures of all government boards, bureaus, offices, and other agencies. (d) Said services may be inspected by an employee of LCPS at any reasonable time and place selected by LCPS. LCPS shall be under no obligation to compensate Contractor for any services not rendered in strict conformity with the contract. 38 RFP #R22287 Fuel Services 75 Item b. (e) The presence of a LCPS/County/State Inspector shall not lessen the obligation of the Contractor for performance in accordance with the contract requirements or be deemed a defense on the part of the Contractor for infraction thereof. The Inspector is not authorized to revoke, alter, enlarge, relax, or release any of the requirements of the contract documents. Any omission or failure on the part of the Inspector to disapprove or reject any work or material shall not be construed to be an acceptance of any such defective work or material. 43. INDEMNIFICATION-Contractor shall indemnify, keep and save harmless LCPS, the School Board, its agents, officials, employees, and volunteers against all injuries, death, loss, damage, claims, patent claims, suits, liabilities, judgments, costs and expenses, (collectively "Losses") which may or otherwise accrue against LCPS in consequence of the granting of a contract or which may or otherwise result there from, if it shall be determined that the Loss was caused through negligence or omission by the Contractor or its employees, of any subcontractor of Contractor or its employees, if any, or providing goods or services through Contractor, and the Contractor shall, at his/her own expense, appear, defend and pay all charges of attorneys and all costs and other expenses arising there from or incurred in connection therewith. If any judgment shall be rendered against LCPS in any such action, the Contractor shall at his/her own expense, satisfy and discharge the same. Contractor expressly understands and agrees that any performance bond or insurance protection required by this contract, or otherwise provided by Contractor, shall in no way limit the Contractor's responsibility to indemnify, keep and save harmless and defend LCPS as herein provided. 44. ETHICS IN PUBLIC CONTRACTING (a) Each offeror shall certify, upon signing a bid or proposal, that to the best of his/her knowledge no LCPS official or employee having official responsibility for the procurement transaction, or member of his or her immediate family, has received or will receive any financial benefit of more than nominal or minimal value relating to the award of this contract. If such a benefit has been received or will be received, this fact shall be disclosed with the bid or proposal or as soon thereafter as it appears that such a benefit will be received. Failure to disclose the information prescribed above may result in suspension or debarment or rescission of the contract made, or could affect payment pursuant to the terms of the contract. (b) Whenever there is reason to believe that benefit of the sort described in paragraph “a” has been or will be received in connection with a bid, proposal, or contract, and that the Contractor has failed to disclose such benefit or has inadequately disclosed it, LCPS, as a prerequisite to payment pursuant to the Contractor, or at any time, may require the Contractor to furnish, under oath, answers to any questions related to such possible benefit. (c) In the event the offeror has knowledge of benefits as outlined above, this information should be submitted with its bid or proposal. If the above does not apply at time of award of contract and becomes known after inception of a contract, the offeror shall address the disclosure of such facts to: Purchasing Agent, LCPS. The relevant IFB/RFP Number (see cover sheet) should be referenced in the disclosure. (d) By submitting their proposals, offerors certify that their proposals are made without collusion or fraud and that they have not offered of received any kickbacks or inducements from any other offeror, supplier, manufacturer or subcontractor in connection with their offer, and that they have not conferred on any public employee having official responsibility for this procurement transaction any payment, loan, subscription, advance, deposit of money, services or anything of more than nominal value, present or promised, unless consideration of substantially equal or greater value was exchanged. 45. COUNTY LICENSE-All firms doing business in Loudoun County are required to be licensed in accordance with the County's Business, Professional, and Occupational Licensing Tax Ordinance. Wholesale and retail merchants without a business location in Loudoun County are exempt from this requirement. Questions concerning the BPOL tax should be directed to the Office of the Commissioner of Revenue, phone: 703-777-0260. 39 RFP #R22287 Fuel Services 76 Item b. 46 REGISTERING OF CORPORATIONS-In accordance with the Code of Virginia, any foreign corporation, partnership or limited liability company transacting business in Virginia is required to secure a certificate of authority from the Virginia State Corporation Commission. Contractor shall ensure it is duly registered in Virginia. 47. COVENANT AGAINST CONTINGENT FEES-The Contractor warrants that no person or selling agent has been employed or retained to solicit or secure this contract upon an agreement or understanding for a commission, percentage, brokerage, or contingent fee, except bona fide employees or bona fide established commercial or selling agencies maintained by the contractor for the purpose of securing business. For violation of this warranty, LCPS shall have the right to terminate or suspend this contract without liability to LCPS, or in its discretion, to deduct from the contract price or consideration, or otherwise recover, the full amount of such commission percentage, brokerage, or contingent fee. 48. VIRGINIA FREEDOM OF INFORMATION ACT-All proceedings, records, contacts and other public records relating to procurement transactions shall be open to inspection in accordance with the Virginia Freedom of Information Act, except as provided in Virginia Code § 2.2-4342. Nothing contained in this section shall be construed to require LCPS, when procuring by "competitive negotiation" (Request for Proposal), to furnish a statement of the reasons why a particular proposal was not deemed to be the most advantageous to LCPS. 49. Notice of Required Disabilities Legislation Compliance-Loudoun County Public Schools is required to comply with state and federal disability legislation: The Rehabilitation Act of 1993, Section 504, The Americans with Disabilities Act (ADA) for 1990 Title II and The Virginias with Disabilities Act of 1990. Specifically, Loudoun County Public Schools, may not, through its contractual and/or financial arrangements, directly or indirectly avoid compliance with Title II, of the American with Disabilities Act, Public Law 101-336, which prohibits discrimination by public entities on the basis of disability. Subtitle A protects qualified individuals with disabilities from discrimination on the basis of disability in the services, programs, or activities of all State and local governments. It extends the prohibition of discrimination in federally assisted programs established by the Rehabilitation Act of 1973 Section 504 to all activities of State and local governments, including those that do not receive Federal financial assistance and incorporates specific prohibitions of discrimination on the basis of disability in Titles I, II, and V of Americans with Disabilities Act. The Virginians with Disabilities Act of 1990 follows the Rehabilitation Act of 1973 Section. 504. 50. THE AMERICANS WITH DISABILITIES ACT-If, due to a disability, you need assistance to enable you to participate meaningfully in this process, please contact the Purchasing Division at 571-252-1270 at least five (5) working days prior to the opening date of this offer. 51. FAITH-BASED ORGANIZATIONS-Loudoun County Public Schools does not discriminate against faith-based organizations. 52. FEDERAL IMMIGRATION LAW- The contractor does not, and shall not during the performance of the contract for goods and services in the Commonwealth, knowingly employ an unauthorized alien as defined in the federal Immigration Reform and Control Act of 1986. CONTRACT REMEDIES 53. APPEAL OF DETERMINATION OF NON-RESPONSIBILITY-See Loudoun County School Board Policy. 54. PROTEST OF AWARD OR DECISION TO AWARD- See Loudoun County School Board Policy. 55. CONTRACTUAL CLAIMS AND DISPUTES-Any dispute concerning a question of fact including claims for money or other relief as the result of a contract with the School Board which is not disposed of by agreement shall be declared by the Superintendent, who shall reduce his decision to writing and forward a copy thereof to the Contractor 40 RFP #R22287 Fuel Services 77 Item b. within (10) ten days. The decision of the Superintendent shall be final and conclusive unless within (10) ten days of receipt of the written decision the Contractor institutes legal action as provided in Sec. 2.2-4363 of the Code of Virginia. Contractual Claims, whether for money or other relief, shall be submitted in writing no later than sixty (60) days after final payment or as specified by the contract, whichever comes first; however, written notice of the Contractor’s intention to file such a claim shall have been given at the time of the occurrence or beginning of the work upon which the claim is based. Pendency of claims shall delay payment of amounts agreed due in the final payment. 56. EXHAUSTION OF ADMINISTRATIVE REMEDIES-No offeror, potential offeror, or Contractor shall institute any legal action against LCPS until all administrative remedies available under the above paragraphs have been exhausted and until all requirements of School Board Policy, and, to the extent applicable, the Virginia Public Procurement Act, have been met. 57. INSPECTION AND REVIEW OF RECORDS-LCPS reserves the right to perform or have performed inspections and reviews of the records of the Contractor for any service contract with LCPS and to have copies made of such records. Contractor shall maintain and preserve all such records, at its own expense, during contract performance and for a period of at least three years after the contract has terminated. At LCPS request at any time during contract performance or within a period of three years after the contract has terminated, the Contractor shall promptly make all records available, at a location within the LCPS, to LCPS, or those retained by LCPS, for inspection, review and copying. 58. COMPETITION INTENDED-Nothing herein is intended to exclude any responsible firm or in any way restrain or restrict competition. On the contrary, all responsible firms are encouraged to submit offers. 59. DEBARMENT STATUS-By submitting their offers, offerors certify that they are not currently debarred by the Commonwealth of Virginia or the federal government from submitting bids or proposals on contracts for the type of goods and/or services covered by this solicitation, nor are they an agent of any person or entity that is currently so debarred HEALTH AND SAFETY 60. DRUG FREE WORKPLACE-During the performance of the contract, the vendor agrees to (i) provide a drug-free workplace for the vendor's employees; (ii) post in conspicuous places, available to employees and applicants for employment, a statement notifying employees that the unlawful manufacture, sale, distribution, dispensation, possession, or use of a controlled substance or marijuana is prohibited in the vendor’s workplace and specifying the actions that will be taken against employees for violations of such prohibition; (iii) state in all solicitations or advertisements for employees placed by or on behalf of the vendor that the vendor maintains a drug-free workplace; and (iv) include the provisions of the foregoing clauses in every subcontract or purchase order of over $10,000, so that the provisions will be binding upon each subcontractor. 61. SAFETY AND HEALTH ISSUES-The vendor shall be responsible for meeting all Federal, State, and local codes pertaining to this contract. No contractor’s employee who has been convicted of a sexually violent offense may be assigned to any work on Loudoun County Public School property. 62. MATERIAL SAFETY DATA SHEETS AND AP APPROVED INSTRUCTIONAL ITEMS-By law, Loudoun County Public Schools will not receive any materials, products, or chemicals which may be hazardous to an employee’s or student’s health unless accompanied by a Material Data Sheet when received. Individual schools will not receive any instructional items that are not AP approved and denoted as such. NOTICE TO ALL BIDDERS 41 RFP #R22287 Fuel Services 78 Item b. LCPS occasionally experiences problems with vendors who, after being awarded a contract, indicate they have made an error or have some other difficulty and do not intend to honor their bid. For this reason, we want all bidders to be fully aware of the LCPS position with regard to the bidding process and the honoring of bids. Commonwealth of Virginia statutes require that LCPS go through a prescribed bidding process on all purchases over defined dollar limits. LCPS takes the bidding process seriously, and its intent is to solicit bids that are accurate and that each bidder intends to honor. As a bidder, you are expected to submit bids that are accurate, complete, and contain all terms and conditions which you feel are necessary. If you find changes to your bid are necessary after you have submitted it to LCPS, the following guidelines will control: I. Bids may be changed in any way or withdrawn any time UP TO the time of bid opening. II. AFTER BID OPENING, bids cannot be changed. If accepted, the bid is considered to be a binding contract that you, as the bidder, will be expected to honor. If for any reason you do not perform the contract, LCPS can be expected to take whatever action it feels is appropriate to either require performance or to recover any losses or increased costs incurred by LCPS as a result of failure to honor the bid. 42 RFP #R22287 Fuel Services 79 Item b. 80 Item b. Form W-9 (Rev. October 2018) Department of the Treasury Internal Revenue Service Request for Taxpayer Identification Number and Certification a Go to www.irs.gov/FormW9 for instructions and the latest information. Give Form to the requester. Do not send to the IRS. Pr i n t o r t y p e . Se e Sp e c i f i c I n s t r u c t i o n s on p a g e 3 . 1 Name (as shown on your income tax return). Name is required on this line; do not leave this line blank. 2 Business name/disregarded entity name, if different from above 3 Check appropriate box for federal tax classification of the person whose name is entered on line 1. Check only one of the following seven boxes. Individual/sole proprietor or single-member LLC C Corporation S Corporation Partnership Trust/estate Limited liability company. Enter the tax classification (C=C corporation, S=S corporation, P=Partnership) a Note: Check the appropriate box in the line above for the tax classification of the single-member owner. Do not check LLC if the LLC is classified as a single-member LLC that is disregarded from the owner unless the owner of the LLC is another LLC that is not disregarded from the owner for U.S. federal tax purposes. Otherwise, a single-member LLC that is disregarded from the owner should check the appropriate box for the tax classification of its owner. Other (see instructions) a 4 Exemptions (codes apply only to certain entities, not individuals; see instructions on page 3): Exempt payee code (if any) Exemption from FATCA reporting code (if any) (Applies to accounts maintained outside the U.S.) 5 Address (number, street, and apt. or suite no.) See instructions. 6 City, state, and ZIP code Requester’s name and address (optional) 7 List account number(s) here (optional) Part I Taxpayer Identification Number (TIN) Enter your TIN in the appropriate box. The TIN provided must match the name given on line 1 to avoid backup withholding. For individuals, this is generally your social security number (SSN). However, for a resident alien, sole proprietor, or disregarded entity, see the instructions for Part I, later. For other entities, it is your employer identification number (EIN). If you do not have a number, see How to get a TIN, later. Note: If the account is in more than one name, see the instructions for line 1. Also see What Name and Number To Give the Requester for guidelines on whose number to enter. Social security number – – or Employer identification number – Part II Certification Under penalties of perjury, I certify that: 1. The number shown on this form is my correct taxpayer identification number (or I am waiting for a number to be issued to me); and 2. I am not subject to backup withholding because: (a) I am exempt from backup withholding, or (b) I have not been notified by the Internal Revenue Service (IRS) that I am subject to backup withholding as a result of a failure to report all interest or dividends, or (c) the IRS has notified me that I am no longer subject to backup withholding; and 3. I am a U.S. citizen or other U.S. person (defined below); and 4. The FATCA code(s) entered on this form (if any) indicating that I am exempt from FATCA reporting is correct. Certification instructions. You must cross out item 2 above if you have been notified by the IRS that you are currently subject to backup withholding because you have failed to report all interest and dividends on your tax return. For real estate transactions, item 2 does not apply. For mortgage interest paid, acquisition or abandonment of secured property, cancellation of debt, contributions to an individual retirement arrangement (IRA), and generally, payments other than interest and dividends, you are not required to sign the certification, but you must provide your correct TIN. See the instructions for Part II, later. Sign Here Signature of U.S. person a Date a General Instructions Section references are to the Internal Revenue Code unless otherwise noted. Future developments. For the latest information about developments related to Form W-9 and its instructions, such as legislation enacted after they were published, go to www.irs.gov/FormW9. Purpose of Form An individual or entity (Form W-9 requester) who is required to file an information return with the IRS must obtain your correct taxpayer identification number (TIN) which may be your social security number (SSN), individual taxpayer identification number (ITIN), adoption taxpayer identification number (ATIN), or employer identification number (EIN), to report on an information return the amount paid to you, or other amount reportable on an information return. Examples of information returns include, but are not limited to, the following. • Form 1099-INT (interest earned or paid) • Form 1099-DIV (dividends, including those from stocks or mutual funds) • Form 1099-MISC (various types of income, prizes, awards, or gross proceeds) • Form 1099-B (stock or mutual fund sales and certain other transactions by brokers) • Form 1099-S (proceeds from real estate transactions) • Form 1099-K (merchant card and third party network transactions) • Form 1098 (home mortgage interest), 1098-E (student loan interest), 1098-T (tuition) • Form 1099-C (canceled debt) • Form 1099-A (acquisition or abandonment of secured property) Use Form W-9 only if you are a U.S. person (including a resident alien), to provide your correct TIN. If you do not return Form W-9 to the requester with a TIN, you might be subject to backup withholding. See What is backup withholding, later. Cat. No. 10231X Form W-9 (Rev. 10-2018) Arko Convenience Stores, LLC Quarles Petroleum; Watchcard - both operating divisions of GPM Empire, LLC (EIN: 84-4117531) ✔C 8565 Magellan Parkway, Suite 400 Richmond, VA 23227 4 5 3 2 4 9 7 4 8 8/1/2022 81 Item b. GPM Investments, LLC 8565 Magellan Parkway, Suite 400 Richmond, VA 23227 August 1, 2022 Re: GPM Empire, LLC EIN#: 84-4117531 To Whom It May Concern: The above-referenced entity is a single member limited liability company, 100% owned and operated by GPM Investments, LLC, which in turn is a single member limited liability company 100% owned by Arko Convenience Stores, LLC. Therefore, the above-referenced entity is considered a disregarded entity for federal income tax purposes. The Federal Form W-9, Request for Taxpayer Identification Number and Certification, has been accurately completed based on the instructions provided by the Internal Revenue Service as defined below: Line 1 (e): Disregarded entity. For U.S. federal tax purposes, an entity that is disregarded as an entity separate from its owner is treated as a “disregarded entity.” See Regulations section 301.7701- 2(c)(2)(iii). Enter the owner's name on line 1. The name of the entity entered on line 1 should never be a disregarded entity. The name on line 1 should be the name shown on the income tax return on which the income should be reported. Line 2: If you have a business name, trade name, DBA name, or disregarded entity name, you may enter it on line 2. Part 1: If you are a single-member LLC that is disregarded as an entity separate from its owner, enter the owner’s SSN (or EIN, if the owner has one). Do not enter the disregarded entity’s EIN. If the LLC is classified as a corporation or partnership, enter the entity’s EIN. Prior to August 1, 2022, GPM Investments, LLC was taxed as a partnership and its EIN was listed on the W-9 for the above-referenced entity. Due to a change in entity tax status, GPM Investments, LLC is now considered a disregarded entity for federal income tax purposes. For this reason, GPM Investments, LLC can no longer be reported on Line 1 or provide its EIN for Part 1 of Federal Form W-9. If you have any questions concerning the foregoing, please contact me at (804) 730-1568 x3451 or khigh@gpminvestments.com. Kristy High Vice President – Corporate Tax Attachments 82 Item b. 83 Item b. Director, Procurement/Risk Management 10/10/2022 84 Item b. 85 Item b. Council Meeting Date: November 15, 2022 TOWN OF LEESBURG TOWN COUNCIL MEETING Subject: Rehabilitation Project at the Water Pollution Control Facility - Primary Clarifiers and Gravity Thickeners Staff Contact: Amy Wyks, P.E., Director of Utilities Octavia Andrew, Chief Procurement Officer, Finance & Administrative Services Council Action Requested: Award the construction contract for the Primary Clarifiers and Gravity Thickeners Rehabilitation Project at the Water Pollution Control Facility to CPP Construction Company, Inc. in the amount of $2,194,500. Staff Recommendation: Award the construction contract for the Primary Clarifiers and Gravity Thickeners Rehabilitation Project at the Water Pollution Control Facility (WPCF) to CPP Construction Company, Inc. in the amount of $2,194,500. CPP Construction Company Inc. (CPP) was founded in 2008 with headquarters in Gaithersburg, Maryland. CPP is a heavy construction contractor that specializes in water and wastewater treatment plant construction and rehabilitation. CPP is a Class A licensed contractor authorized to transact business in the Commonwealth of Virginia. CPP Has performed other projects for the Town including the WPCF Aeration System Replacement project. Commission Recommendation: Not applicable. Fiscal Impact: No additional appropriation is needed. The Water Pollution Control Facility Storage Tanks – Recoating & Rehabilitation project (18002) is an approved and funded project in the Capital Improvements Program for Fiscal Year 2023. Work Plan Impact: This project is part of the current work plan in the Fiscal Year 2023 Capital Improvement Plan for the Department of Utilities. Town Plan Impact: This project meets the goals and objectives of Strategy 2.4.2 of the Town Plan by proactively rehabilitating the primary clarifiers and gravity thickeners and ensuring efficient operation of the Water Pollution Control Facility. Executive Summary: The project includes rehabilitation of the primary clarifiers and gravity thickeners at the water pollution control facility. This project will improve the plant’s operational performance and prolong the life of these facilities. Primary clarifiers are structures in the wastewater treatment process that remove suspended solids (TSS), oil and grease. Gravity thickening is a step in the treatment process that increases the solids concentration by allowing the particles to settle to the base of the structure. Background: The rehabilitation of primary clarifiers and gravity thickeners at the Water Pollution Control Facility was identified as a need during routine operational and preventive maintenance 86 Item c. Rehabilitation Project at the Water Pollution Control Facility - Primary Clarifiers and Gravity Thickeners November 15, 2022 Page 2 inspections of the facility. This project is an approved and adopted project in the Town’s Capital Improvement Program. See Attachment #2. In response to a public solicitation for the Water Pollution Control Facility Primary Clarifiers and Gravity Thickeners Rehabilitation project, the Town received two bids on October 12, 2022, as follows: CPP Construction Company, Inc. $2,194,500 W.M. Schlosser Company, Inc. $2,833,000 The bids were evaluated by the Director of the Department of Utilities and the Chief Procurement Officer in accordance with the Town’s Procurement Policy. CPP Construction Company, Inc. of Gaithersburg, MD was determined to be the lowest responsive and responsible bidder. The contract is a lump sum contract with allowances and provisions for quantity adjustments via pre-established unit prices. Construction is anticipated to commence in Spring 2023 and to be completed by Fall 2023. Proposed Legislation: RESOLUTION Awarding the Construction Contract for the Primary Clarifiers and Gravity Thickeners Rehabilitation Project at the Water Pollution Control Facility to CPP Construction Company, Inc. in the amount of $2,194,500 Draft Motions: 1. I move to approve the proposed Resolution to award the construction contract for the Primary Clarifiers and Gravity Thickeners Rehabilitation Project to CPP Construction Company, Inc. in the amount of $2,194,500. 2. I move to deny the proposed Resolution to award the construction contract for the Primary Clarifiers and Gravity Thickeners Rehabilitation Project to CPP Construction Company, Inc. in the amount of $2,194,500. OR 3. I move an alternate motion. Attachments: 1. Draft Resolution 2. Capital Improvement Program (CIP) Project Page 87 Item c. PRESENTED: November 15, 2022 RESOLUTION NO. 2022- ADOPTED: _________________ A RESOLUTION : AWARDING THE CONSTRUCTION CONTRACT FOR THE PRIMARY CLARIFIERS AND GRAVITY THICKENERS REHABILITATION PROJECT AT THE WATER POLLUTION CONTROL FACILITY TO CPP CONSTRUCTION COMPANY, INC. IN THE AMOUNT OF $2,194,500 WHEREAS, the Town of Leesburg (“the Town”) owns and operates a wastewater treatment plant known as the Water Pollution Control Facility (WPCF); and WHEREAS, the primary clarifiers and gravity thickeners at the WPCF have been in service for many years and these facilities are in need of rehabilitation; and WHEREAS, the Water Pollution Control Facility Storage Tanks – Recoating & Rehabilitation project (18002) is an approved and funded project in the Capital Improvements Program for Fiscal Year 2023; and WHEREAS, staff had identified the rehabilitation work in the project known as the WPCF Primary Clarifiers and Gravity Thickeners Rehabilitation Project, which was publicly solicited for construction bids on September 19, 2022; and WHEREAS, in response to the public solicitation for construction bids for the WPCF Primary Clarifiers and Gravity Thickeners Rehabilitation Project, the Town received two bids on October 12, 2022, as follows: CPP Construction Company, Inc. $2,194,500 W.M. Schlosser Company, Inc. $2,833,000 WHEREAS, the bids were evaluated by the Director of the Department of Utilities and the Chief Procurement Officer in accordance with the Town’s Procurement Policy; and 88 Item c. A RESOLUTION: AWARDING THE CONSTRUCTION CONTRACT FOR THE PRIMARY CLARIFIERS AND GRAVITY THICKENERS REHABILITATION PROJECT AT THE WATER POLLUTION CONTROL FACILITY TO CPP CONSTRUCTION COMPANY, INC. IN THE AMOUNT OF $2,194,500 -2- 2022/01 WHEREAS, CPP Construction Company, Inc. of Gaithersburg, MD was determined to be the lowest responsive and responsible bidder; and WHEREAS, the contract is a lump sum contract with allowances and provisions for quantity adjustments via pre-established unit price; and WHEREAS, change order procedures are detailed in the construction contract documents; and WHEREAS no additional funding is needed to award this contract. THEREFORE, RESOLVED, by the Council of the Town of Leesburg in Virginia as follows: 1. The Town Manager is authorized to execute a contract, in a form approved by the Town Attorney, with CPP Construction Company, Inc. in the amount of $2,194,500 for the Primary Clarifiers and Gravity Thickeners Rehabilitation Project at the WPCF. PASSED this 15th day of November, 2022. ______________________________ Kelly Burk, Mayor Town of Leesburg ATTEST: ______________________________ Clerk of Council 89 Item c. 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G G G G #<1>-@5:3 9<-/@ #<1>-@5:3 !-5:@1:-:/1 ) G G G G G G (;@-8 9<-/@ G G G G G G )@585@51? -<5@-8 9<>;B191:@?$>;3>-9 /CKBC:'99G6IF; 1 !3 8CDH98 I8;9H 90 Item c. Council Meeting Date: November 15, 2022 TOWN OF LEESBURG TOWN COUNCIL MEETING Subject: Odor and Grease Elimination for Wastewater Collection Systems Staff Contact: Amy Wyks, P.E., Director of Utilities Octavia Andrew, Chief Procurement Officer, Finance & Administrative Services Council Action Requested: Award a contract to Eco Global Sales Group for odor and grease elimination services in the amount of $90,000 for a one-year contract term. Upon mutual agreement of both parties, this contract may be renewed for four additional one-year terms, which will not require Council approval. Staff Recommendation: Award a contract to Eco Global Sales Group for odor and grease elimination services in the amount of $90,000 for a one-year contract term. Upon mutual agreement of both parties, this contract may be renewed for four (4) additional one-year terms. Eco Global Sales Group is a Sunrise, Florida-based corporation that manufactures and distributes Eco Tabs bioremediation products. Commission Recommendation: Not applicable. Fiscal Impact: No additional funding is required. The Adopted Fiscal Year 2023 operating budget for the Utilities Fund includes $90,000 for odor and grease elimination services at various sanitary sewer pump stations. Work Plan Impact: The impact is minimal and Utilities staff will oversee the contract as part of daily operations. Town Plan Impact: None. Executive Summary: The Town intends to obtain services and products to reduce and/or eliminate odors (e.g., hydrogen sulfide and mercaptans) and enable better management and conveyance of fats, oil, and grease (FOG) at five sanitary sewer pump stations. Eco Global Sales Group will perform all work associated with the odor and grease control system, including designing the system, setting feed rates, and delivering the product. Background: The Town has used odor control products from Eco Global in the past. The Town identified the need to continue using and odor control and a FOG management product (or service) at five wastewater pump stations in the Town’s wastewater collection system. In response to a public request for proposals (RFP), the Town received four proposals for a term contract to provide odor and grease elimination services on August 23, 2022, as follows: 91 Item d. Odor and Grease Elimination for Wastewater Collection Systems November 15, 2022 Page 2 Eco Global Sales Group $ 90,000 Aulick Chemical Solutions $194,355 Abel Recon, LLC $241,295 Sherwood Logan & Associates $945,650 The proposals were evaluated by a pre-selected technical evaluation committee of Utilities and Procurement staff, in accordance with the Town’s Procurement Policy. Eco Global Sales Group of Sunrise, FL was determined to be the offeror that best met the terms of the RFP. Proposed Legislation: RESOLUTION Award a Contract for Odor and Grease Elimination Services for Town Wastewater Collection Systems to Eco Global Sales Draft Motions: 1. I move to approve the proposed Resolution to award a contract for Odor and Grease Elimination Services for Town Wastewater Collection Systems to Eco Global Sales. 2. I move to deny the proposed Resolution to award a contract for Odor and Grease Elimination Services for Town Wastewater Collection Systems to Eco Global Sales. OR 3. I move an alternate motion. Attachment: Draft Resolution 2022/03 92 Item d. PRESENTED: November 15, 2022 RESOLUTION NO. 2022- ADOPTED: ________________ A RESOLUTION : AWARD A CONTRACT FOR ODOR AND GREASE ELIMINATION SERVICES FOR TOWN WASTEWATER COLLECTION SYSTEMS TO ECO GLOBAL SALES WHEREAS, the Town of Leesburg (“the Town”) owns and operates a sanitary sewer collection and treatment system; and WHEREAS, in response to a public solicitation for continuing services for odor and grease elimination at five sewer pump stations operated and maintained by the Department of Utilities, four (4) proposals were received on August 23, 2022 from the following firms: Abel Recon, LLC Aulick Chemical Solutions, Inc. Eco Global Sales Group, Inc. Sherwood Logan & Associates WHEREAS, the proposals were evaluated by an evaluation committee in accordance with the Town’s Procurement Policy and the requirements of the Request for Proposal; and WHEREAS, the selection committee selected Eco Global Sales Group, Inc.; and WHEREAS, the contract for Odor and Grease Elimination Services will be for an initial period of one (1) year and renewable for up to four (4) additional consecutive periods of one (1) year; and WHEREAS, Council approval of the contract is necessary as the cumulative value of the potential five year contract exceeds the Town Manager’s signing authority of $200,000; and 93 Item d. A RESOLUTION: AWARD A CONTRACT FOR ODOR AND GREASE ELIMINATION SERVICES FOR TOWN WASTEWATER COLLECTION SYSTEMS TO ECO GLOBAL SALES -2- 2022/01 WHEREAS, the Director of Utilities and Chief Procurement Officer recommend award of a contract for Odor and Grease Elimination Services to Eco Global Sales Group, Inc. WHEREAS, odor and grease elimination services is funded in the Fiscal Year 2023 Department of Utilities budget. THEREFORE, RESOLVED, by the Council of the Town of Leesburg in Virginia as follows: 1. The Town Manager is authorized to execute a contract, in a form approved by the Town Attorney, with Eco Glogal Sales Group for Odor and Grease Elimination Services PASSED this 15th day of November, 2022. ______________________________ Kelly Burk, Mayor Town of Leesburg ATTEST: ______________________________ Clerk of Council 94 Item d. Council Meeting Date: November 15, 2022 TOWN OF LEESBURG TOWN COUNCIL MEETING Subject: Appointment to the Board of Architectural Review Staff Contact: Eileen M. Boeing, CMC, Clerk of Council Council Action Requested: Consideration of an appointment for Robert Nichols to the Board of Architectural Review. Staff Recommendation: Not applicable. Commission Recommendation: Not applicable. Fiscal Impact: Section 2-197 of the Town Code provides for annual compensation of $3,750 for the Chair of the Board of Architectural Review and $3,600 for Board of Architectural Review members. Funds are available within the current Fiscal Year 2023 general fund budget. Work Plan Impact: None. Town Plan Impact: None. Executive Summary: Two vacancies currently exist on the Board of Architectural Review. This appointment belongs to Council Member Zach Cummings Background: The terms of office for Board members correspond to the term of the council member who appointed them. The appointment of Robert Nichols is effective through December 2024. Membership on the Board of Architectural Review shall consist of nine members including seven voting members and two non-voting members. One non-voting member shall be a Town Council member appointed by the Town Council and one non-voting member shall be a Planning Commission member appointed by the Planning Commission. Members shall demonstrate a qualified interest in historic preservation, and a majority of Board of Architectural Review members shall have professional training or equivalent experience in history, architectural history, archaeology, or planning. At least one member of the Board of Architectural Review shall be an architect. All persons appointed to the Board of Architectural Review shall be bona fide residents of the Town of Leesburg and shall have a demonstrated interest in and knowledge of the history of the community. Mr. Nichols is a Town resident and has extensive preservation experience. Proposed Legislation: ORDINANCE Appointing Robert Nichols to the Board of Architectural Review 95 Item e. Appointment to the Board of Architectural Review November 15, 2022 Page 2 Draft Motions: 1. I move to approve the proposed Ordinance. 2. I move to deny the proposed Ordinance. OR 3. I move an alternate motion. Attachments: 1. Draft Resolution 2. Preservation History – R. Nichols 2022/03 96 Item e. PRESENTED: November 15, 2022 ORDINANCE NO. 2022- ADOPTED: _________________ AN ORDINANCE : APPOINTING ROBERT NICHOLS TO THE BOARD OF ARCHITECTURAL REVIEW WHEREAS, participation by public-spirited citizens on town boards, commissions and committees is vital to the success of town government and the democratic process; and WHEREAS, boards, commissions and committees serve an indispensable role in providing recommendations concerning town policy and programs; and WHEREAS, Council desires to appoint effective individuals to serve on these advisory boards; and WHEREAS, terms of Boards and Commissions members correspond to the term of the council member that nominated them, and WHEREAS, membership on the Board of Architectural Review shall meet the criteria listed in the Zoning Ordinance and Town Code and shall consist of town residents or town business owners, with the exception that one member of the Board may, at the discretion of the Town Council, be appointed to the Board as a non-resident property owner provided that said member owns at least a parcel of land in the H-1 Old and Historic Overlay District; and WHEREAS, Mr. Nichols’ qualifications and residency were reviewed for compliance with applicable sections of the Zoning Ordinance and Town Code; and WHEREAS, Town Code Section 7A-2 requires members of the Board of Architectural Review be appointed by Ordinance. 97 Item e. AN ORDINANCE: APPOINTING ROBERT NICHOLS TO THE BOARD OF ARCHITECTURAL REVIEW -2- 2022/01 THEREFORE, ORDAINED, that the Council of the Town of Leesburg in Virginia hereby appoints Robert Nichols to the Board of Architectural Review to a term ending December 31, 2024. This ordinance shall be in effect upon its passage. PASSED this 15th day of November, 2022. ______________________________ Kelly Burk, Mayor Town of Leesburg ATTEST: ______________________________ Clerk of Council 98 Item e. Robert A Nichols Preservation Experience Belmont Manor House (also known as Belmont Plantation) This historic property was purchased by Toll Brothers in 1995. The Dietze Construction Group was contracted to build a new country club clubhouse and connect it to the original Manor House. The Manor house was built in 1799 The preservation efforts that were needed were to underpin the Manor House to dig out the stone foundation and install a new concrete foundation with proper drainage. Other stabilization and remodeling scopes of work were completed to not only preserve the integrity of the structure, but to also bring it back to life as an amenity for the local Belmont Community. This project won a National Association Builders and Contractors award for salvage of a Historical Structure Clyde’s Willow Creek Farm Built in 2006 by The Dietze Construction Group, This 28,000 SF restaurant was built on 7 acres of land. This project had two types of historic preservation aspects to it. First, the actual restaurant was built by combining several 1800 buildings to incorporate into the entire restaurant structure. Part of the Loudoun County permit included the preservation of other structures on the old farm. Two barns and a few other structures had to be 99 Item e. stabilized and renovated for safety and for use of the restaurant. The Potomac Club at Lansdowne on the Potomac This 30,000+ Amenity facility, right next to Lansdowne Resort was created by stabilizing, renovating and adding onto a historic Barn and silo on the property. The silo, became part of the new structure as a spiral staircase so stabilizing and beefing up that part of the structure was the critical and most difficult part of the buildout. This project was built / constructed by The Dietze Construction Group, while I was President. I personally sat in on and attended meetings with the county regarding the historical preservation components of the extend of the Building Permit. 1331 G St NW DC Building The Dietz Construction Group renovated this 131 year old building back in 1999. Th building was purchased by the American Immigration Lawyers Association. The renovation included major façade shoring and restoration. It included shoring the roof to reframe and stabilize the roof system. It included taking very old open cage elevators and restoring those elevators back into working order again. Modern Fire Alarm and Sprinkler systems were incorporated into the buildout / renovation. 100 Item e. Not a historic designated structure, but a challenge none the less. 101 Item e. Council Meeting Date: November 15, 2022 TOWN OF LEESBURG TOWN COUNCIL MEETING Subject: Appointment to the Commission on Public Art Staff Contact: Eileen M. Boeing, CMC, Clerk of Council Council Action Requested: Consideration of Rebecca Takemoto to the Commission on Public Art. Staff Recommendation: Not applicable. Commission Recommendation: Not applicable. Fiscal Impact: Section 2-197 of the Town Code provides for annual compensation of $1,350 for the Chair of the Commission on Public Art and $1,200 for Commission on Public Art members. Funds are available within the current Fiscal Year 2023 general fund budget. Work Plan Impact: None. Town Plan Impact: None. Executive Summary: Two vacancies currently exist on the Commission on Public Art. This appointment belongs to Council Member Zach Cummings. Background: The terms of office for Commissioners correspond to the term of the council member who appointed them. The appointment of Rebecca Takemoto is effective through December 2024. Membership on the Commission on Public Art may consist of town residents or town business owners and at least four members shall be town residents. Ms. Takemoto is a town resident and business owner. Proposed Legislation: RESOLUTION Appointing Rebecca Takemoto to the Commission on Public Art Draft Motions: 1. I move to approve the proposed Resolution. 2. I move to deny the proposed Resolution. OR 3. I move an alternate motion. Attachments: 1. Draft Resolution 2. Letter of Interest – R. Takemoto 3. Resume – R. Takemoto 102 Item f. 2022/01 PRESENTED: November 15, 2022 RESOLUTION NO. 2022- ADOPTED: ________________ A RESOLUTION : APPOINTING REBECCA TAKEMOTO TO THE COMMISSION ON PUBLIC ART WHEREAS, participation by public-spirited citizens on town boards, commissions and committees is vital to the success of town government and the democratic process; and WHEREAS, boards, commissions and committees serve an indispensable role in providing recommendations concerning town policy and programs; and WHEREAS, Council desires to appoint effective individuals to serve at its will and pleasure on these advisory boards; and WHEREAS, terms of Boards and Commissions members correspond to the term of the Council Member that nominated them, and WHEREAS, membership on the Commission on Public Art shall consist of town residents or town business owners, but at least four must be residents of the town. Ms. Takemoto is a town resident and business owner. THEREFORE, RESOLVED, that the Council of the Town of Leesburg in Virginia hereby appoints Rebecca Takemoto to the Commission on Public Art to a term ending December 31, 2024. PASSED this 15th day of November, 2022. ______________________________ Kelly Burk, Mayor Town of Leesburg ATTEST: ______________________________ Clerk of Council 103 Item f. November 4, 2022 Zach Cummings Council Member Town of Leesburg Dear Mr Cummings: I am writing to express my interest in the Commission on Public Arts for the town of Leesburg. As both a resident and a business owner in the town, I am very interested in serving in this capacity. I have attached my resume, for your consideration. Please don’t hesitate to contact me with any questions. Thank you for this opportunity. Sincerely, Rebecca Takemoto 101 Allman Way SW Leesburg, VA 20175 Enclosure 104 Item f. Site Selection Venue Contracting Meeting Theme Design Marketing Speaker Selection Registration Entertainment Food & Beverage Audio/Visual Stage Design Exhibit Sales Sponsorship Sales Budget Management Attendee Materials Continuing Education Event Decoration Graphic Design Web Design On-Site Management Strategic Planning Leadership Training Digital Event Production SELECTED EVENT DESCRIPTIONS 105 Item f. • • • • • • • • • • • • • • • Ms. Takemoto and her excellent staff have managed our professional association’s annual continuing education conference and trade show for at least two decades- and that says everything about the reliably high-quality performance we can count on from Rebecca and her team. Through the years our association with Syncopate made us ever better; her input was always effective and innovative; she kept us abreast of rapidly changing communication technology, managed disparate reporting requirements from multiple licensing authorities and just generally exhibited extraordinary acumen at herding the cats who hired her, inevitably to a fulfilling annual outcome. The staff and volunteers she manage are consistently professional in their presentation and behavior. They always seem happy and we have come to enjoy a rather sweet mutually supportive collegiality that is rare and satisfying. Trustworthy, creative, with a replete toolbox, Rebecca Takemoto can be relied on as a contributing collaborator to any endeavor that interests her.” Nan Dunne Byington, RN, MA, ND 106 Item f. Council Meeting Date: November 15, 2022 TOWN OF LEESBURG TOWN COUNCIL MEETING Subject: Appointment to the Planning Commission Staff Contact: Eileen M. Boeing, CMC, Clerk of Council Council Action Requested: Consideration of Jennifer Canton to the Planning Commission. Staff Recommendation: Not applicable. Commission Recommendation: Not applicable. Fiscal Impact: Section 2-197 of the Town Code provides for annual compensation of $3,750 for the Chair of the Planning Commission and $3,600 for Planning Commission members. Funds are available within the current Fiscal Year 2023 general fund budget. Work Plan Impact: None. Town Plan Impact: None. Executive Summary: Two vacancies currently exist on the Planning Commission. This appointment belongs to Council Member Kari Nacy. Background: The terms of office for Commission members correspond to the term of the council member who nominated them. As per Section 2-226(c) of the Town Code, all members of the Leesburg Planning Commission shall be residents of the town with the majority being property owners. The Code of Virginia requires that all Planning Commission members be residents of the locality. Ms. Canton is a Town resident and property owner. Proposed Legislation: RESOLUTION Appointing Jennifer Canton to the Planning Commission Draft Motions: 1. I move to approve the proposed Resolution. 2. I move to deny the proposed Resolution. OR 3. I move an alternate motion. Attachments: 1. Draft Resolution 2. Resume – J. Canton 107 Item g. 2022/11 PRESENTED: November 15, 2022 RESOLUTION NO. 2022- ADOPTED: ________________ A RESOLUTION : APPOINTING JENNIFER CANTON TO THE PLANNING COMMISSION WHEREAS, participation by public-spirited citizens on town boards, commissions and committees is vital to the success of town government and the democratic process; and WHEREAS, boards, commissions and committees serve an indispensable role in providing recommendations concerning town policy and programs; and WHEREAS, terms of Boards and Commissions members correspond to the term of the Council Member that nominated them, and WHEREAS, membership on the Planning Commission shall be residents of the town with the majority being property owners. The Code of Virginia requires that all Planning Commission members be residents of the locality. THEREFORE, RESOLVED, that the Council of the Town of Leesburg in Virginia hereby Jennifer Canton to the Planning Commission to a term ending on December 31, 2024. PASSED this 15th day of November 2022. ______________________________ Kelly Burk, Mayor Town of Leesburg ATTEST: ______________________________ Clerk of Council 108 Item g. Page 1 of 3 318 Baish Drive SE Leesburg, VA 20175 559.940.1934 Jlecanton@gmail.com JENNIFER L. CANTON Multifaceted Principal Supply Chain Planning Specialist and Technical Trainer SUMMARY OF QUALIFICATIONS Over 20 years of successful military management, training, logistical support, and leadership Over 10 years of experience successfully educating a diverse range of K-12 and adult students Well-versed in curriculum design, special education, learning theory, and child psychology Computer savvy; subject-matter expert with web-enabled and PC educational programs Diplomatic demeanor, builds solid relationships with students/teachers/administration Excellent multi-tasking abilities; prioritize and balance workloads efficiently Proactive, contributing in any capacity to further educational goals PROFESSIONAL EXPERIENCE NORTHOUP GRUMMAN MISSION SYSTEMS, Sterling VA 2019 - Current Principal Supply Chain Planning Specialist Principal Technical Trainer Provides on-site training, applying tested instructional design theories, practice and methods on US Government computer systems to the Department of the Army • Works independently to develop, organize, and deliver technical training and related materials in support of the mission of the Department of the Army • Conduct instruction of academic and training device sessions and development of criteria for evaluating effectiveness of training activities. Ensure course material reflects current product features and instructs participants in both classroom lectures. Continually works with subject matter experts to identify target audience’s training needs • Works with end users, developers, and other parties to support software products throughout the product’s lifecycle GENERAL DYNAMICS MISSION SYSTEMS, Fairfax, VA 2019 Technical Trainer, Fusion Center Provides on-site training, applying tested instructional design theories, practice and methods on US Government computer systems to local, county, state, federal, and international law enforcement Agencies • Works independently to develop, organize, and deliver technical training and related materials in support of the Fusion Center mission • Ensures course material reflects current product features and instructs participants in both classroom lectures and laboratory sessions. Works with subject matter experts to identify target audience’s training needs • Performs software testing and documents testing results. Works with end users, developers, and other parties to support software products throughout the product’s lifecycle GOVERNMENT TACTICAL SOLUTIONS, Sterling, VA and Worldwide 2017 - 2018 Deployment Specialist Provides on-site training and deployment support on US Department of State Consular computer systems to designated customer and staff members • Works independently and within small teams to develop, organize, and deliver technical training and related materials in support of the Consulate mission • Assists with the installation and support of workstation hardware in central and field locations worldwide 109 Item g. Jennifer L. Canton (559) 940-1934 Page 2 of 3 • Performs software testing and documents testing results. Works with end users, developers, and other parties to support software products throughout the product’s lifecycle WESTFIELD WASHINGTON SCHOOLS, Westfield, IN 2012 – 2014 Substitute Teacher ANDERSON PREPARATORY ACADEMY, Anderson, IN 2011 – 2012 Secondary Teacher, Aerospace Education Developed curriculum and taught Aerospace Education and Civil Air Patrol to diverse 6-12 student base in inclusive classrooms for low-income, high risk charter K-12 school. Served as Deputy Commander for Cadets (all students in school). Additionally served as Cross Country Coach • Utilized data-driven and differentiated educational methodologies to optimize student interest and learning for up to 20 students in each of seven classes daily • Developed and monitored Individual Education Plans (IEP) • Collaborated with other teachers, JROTC staff, and administrators to develop and implement long- term, process-based curriculum and program goals • Identified and created individual, large-group and small-group enrichment activities involving tactile learning processes to reinforce educational goals MILITARY EXPERIENCE UNITED STATES AIR FORCE RESERVES/CALIFORNIA ANG 1997 – 2020 Education and Training Manager/Medical Unit Manager As the Education Training Manager for the Logistics Readiness Squadron and Aerial Port Squadron, schedule training classes, serve as liaison with senior training office, and maintain all unit training records. Teach Air Force Training Course. As Medical Unit Manager, provide executive administrative assistance to Director, overseeing calendar, agenda and leadership program • Assess and identify morale and welfare areas in need of re-organization and / or process improvement; expediently implement solutions to enhance operations • Deployed to Saudi Arabia and Iraq, served as liaison with three joint services missions to provide continuity in joint forces operations - primary point of contact • Served as adjunct Professional Military Education Instructor at the Air National Guard Airman Leadership School. Integral member of the Health Services Inspection Preparation Team (HSI) directly impacting individual medical readiness and deployability MILITARY AWARDS: Meritorious Service Medal (2), Air Force Commendation Medal, Air Force Achievement Medal (4), Air Reserve Forces Meritorious Service Medal (7), National Defense Service Medal, Iraq Campaign Medal (2), Global War on Terrorism Expeditionary Medal, Global War on Terrorism Service Medal, Armed Forces Reserve Medal EDUCATION CALIFORNIA STATE UNIVERSITY, Fresno, CA Teacher Single Subject Credential-Social Science, 2005 CALIFORNIA STATE UNIVERSITY, Hayward, CA Bachelor of Arts in History, Minor: Political Science, 2003 COMMUNITY COLLEGE OF THE AIR FORCE, Maxwell AFB, AL Associate of Arts in Education and Training, 2006 Associate of Arts in Instructor Technology, 2004 110 Item g. Jennifer L. Canton (559) 940-1934 Page 3 of 3 TECHNICAL SKILLS Word Processing: Microsoft Word/Excel/PowerPoint, Video Database: Microsoft Access proprietary educational data management systems Email: Microsoft Outlook VOLUNTEER ACTIVITIES Various Positions including Chapter Advisor: Alpha Phi International Fraternity, 1998 – Present Various Positions including Commander: Civil Air Patrol, USAF Auxiliary; 2011 – Present Member: Mentoring Team for 144th Fighter Wing; 2002 – 2006 Advisor: Explorer Post 2406, Contra Costa County Sheriff’s Office, 2002 – 2003 Counselor: Summer camp, Mt. Diablo Family YMCA, 07/2000 Member: Alumnae Board, Carondelet High School, 1999 – 2001 Retreat Leader: Carondelet High School, 1994 – 1999 111 Item g. Council Meeting Date: November 14, 2022 TOWN OF LEESBURG TOWN COUNCIL WORK SESSION Subject: Battlefield Parkway and Route 15 Bypass Interchange Project – Preferred Alternative Staff Contact: Karin Franklin, Senior Project Engineer, Capital Projects Calvin Grow, Transportation Engineer, Public Works & Capital Projects Renée M. LaFollette, Director, Public Works & Capital Projects Council Action Requested: Adopt a resolution endorsing the preferred alternative for the Battlefield Parkway and Route 15 Bypass Interchange as part of the Interchange Access Report. Staff Recommendation: Endorse Alternative A - Option 1: Double Roundabout with At-grade Pedestrian Crossings as the preferred alternative for the proposed interchange for the Battlefield Parkway and Route 15 Bypass intersection. This recommendation is based on the concepts presented by the Town at the April 28, 2022 and September 21, 2022 public information meetings. Staff recommends that Town Council endorse Alternative A – Double Roundabout with at-grade Pedestrian Crossings as the preferred option for a grade-separated interchange at the Route 15 Bypass / Battlefield Parkway Interchange. This alternative is consistent with the Town Plan and is felt to best address the project goals and objectives as summarized below. Meets the project’s purpose and need to reduce congestion and vehicle delay and provide safe pedestrian and bicycle facilities to cross Route 15 Bypass. Improves traffic safety and flow along Battlefield Parkway due to slower speeds associated with the roundabouts. Improves pedestrian safety with increased reaction times for users and drivers due to slower speeds at the roundabouts and by providing shorter crossing distances and refuge islands at crossing locations. Improves traffic operations along Battlefield Parkway based on the design year traffic models indicating reduced congestion on Battlefield Parkway despite anticipated regional growth. Provides a direct pedestrian and bicycle route crossing Route 15 Bypass. Maximizes the distance of interchange ramps from adjacent neighborhoods and minimizes the interchange footprint. Received the most positive public feedback of all the interchange alternatives. Council endorsement of a preferred alternative will enable completion of the IAR. This process will include an additional public information and input meeting and a follow-up meeting with Town Council to endorse the completed IAR before final submission to the Virginia Department of Transportation in the fall/winter of 2023/2024. 112 Item h. Battlefield Parkway and Route 15 Bypass Interchange Project – Preferred Alternative November 14, 2022 Page 2 The initiation of the detailed design for this project will likely not occur for at least five to ten years, however, completion and approval of the IAR will facilitate future applications for funding. This is because the other proposed interchange on Route 15 Bypass at Edwards Ferry Road and Fort Evans Road remains as the Town’s highest transportation priority and will be designed and constructed prior to this proposed interchange at Battlefield Parkway. Commission Recommendation: Not applicable. Fiscal Impact: No additional appropriation is needed for the preparation of the Interchange Access Report (IAR) portion of the project. The Battlefield Parkway and Route 15 Bypass Interchange Project is an approved project in the current Fiscal Year 2023-2028 Capital Improvements Program and funding for the initial study phase of the project is through a capital contribution from the Northern Virginia Transportation Authority (NVTA) 70% regional funding in the amount of $2 million. This IAR evaluates interchange options, recommends a preferred alternative, and establishes a budget for the project to aid in applying for design and construction funding for the project. Substantial additional funding will be required to complete the detailed design and construction of the interchange. Once the IAR is completed, the Town will begin applying for project funding sources including Virginia Department of Transportation (VDOT) Smart Scale, NVTA regional funding, and other potential smaller funding programs. Work Plan Impact: Completion of the Interchange Access Report is the initial task in the development of the interchange and is part of the current work plan for the Department of Public Works and Capital Projects. Town Plan Impact: The Battlefield Parkway and Route 15 Bypass Interchange project will meet multiple principals and goals in the Legacy Leesburg Plan through the following strategies: (1) The Battlefield Parkway and Route 15 Bypass Interchange project is a programmed project in the Legacy Leesburg Transportation Improvement Plan dated March 3, 2022, which promotes Strategy 4.3.1 to implement and maintain the Transportation Improvement Plan. (2) A shared use path on one side of Battlefield Parkway and a sidewalk on the opposite side will be included as part of the interchange and will promote Strategy 4.2.2 to improve bicycle and pedestrian infrastructure and Strategy 4.4.2 to prioritize pedestrian and bicycle safety and comfort. (3) The interchange will reduce congestion along the Route 15 Bypass corridor and Battlefield Parkway, and therefore promotes Strategy 4.3.2 to manage traffic and congestion. Executive Summary: The existing signalized at-grade intersection between Battlefield Parkway and the Route 15 Bypass is one of the higher accident locations in Leesburg, routinely experiences significant congestion, and acts as a barrier to pedestrians and bicycles crossing between residential neighborhoods. Since the mid-1980s, the Town Plan and various traffic studies have 113 Item h. Battlefield Parkway and Route 15 Bypass Interchange Project – Preferred Alternative November 14, 2022 Page 3 proposed that the intersection be replaced with a grade-separated interchange to improve traffic congestion and safety. Virginia Department of Transportation (VDOT) and Federal Highway Administration (FHWA) regulations require the completion of an Interchange Access Report (IAR) as the first step of development of a new interchange. The IAR evaluates the project need and compares alternatives with respect to effectiveness in meeting the project goals. When completed, the IAR will be used to establish a project budget and to apply for outside funding for final design and construction. The Town initiated the IAR in 2020 using funding provided by the Northern Virginia Transportation Authority. Work completed on the IAR to date includes development of alternatives, preparing concepts for the alternatives that appear to be most favorable at meeting the project goals, evaluating the advantages and disadvantages of those alternatives, and obtaining public input. The alternatives were also presented at two public meetings and individually to the Exeter and Potomac Crossing Homeowner Association (HOA) boards to answer questions and receive their input and feedback. At this point in the IAR process, it is necessary to select a preferred alternative. Next, more detailed studies and evaluations will be completed on this preferred alternative to complete the IAR and then Town Council will be required to endorse the findings and recommendations of the IAR. Based on the analyses performed on the various alternatives including traffic studies, safety evaluation, and public input, Alternative A - Option 1: Double Roundabout with At-Grade Pedestrian Crossings is recommended as the preferred alternative. Background: Description and Purpose of Project Even before construction began on Battlefield Parkway in the late 1980s, a grade-separated interchange between the Route 15 Leesburg Bypass and Battlefield Parkway had been proposed. The interchange was shown in the 1986 Town Plan and continues to be included in the 2022 Legacy Leesburg Town Plan and the Transportation Improvement Plan. The goals and purpose of the project are to: Reduce Congestion: The existing intersection routinely experiences significant delays for both Route 15 through-traffic and local traffic using Battlefield Parkway. The proposed interchange will separate the local traffic from the higher-volume Route 15 traffic which will enable local traffic to flow more efficiently. Also, elimination of the traffic signal will improve traffic flow on the Bypass and will reduce the incentive for drivers to use local streets such as Battlefield Parkway as a cut-through route to avoid Route 15 congestion. 114 Item h. Battlefield Parkway and Route 15 Bypass Interchange Project – Preferred Alternative November 14, 2022 Page 4 Improve Pedestrian and Bicycle Access: The proposed interchange will allow pedestrians and bicycles to travel across the Bypass between residential areas, schools, churches, and businesses without having to interface with the high-speed, high-volume Bypass traffic which currently acts as a barrier for some users. Improve Safety for All Modes of Travel: The grade-separated interchange will be designed to enhance safety for motorized vehicles, pedestrians, and bicyclists at this high crash location in Leesburg. As of October 1, 2022, there have been 16 crashes (none of which involved pedestrians) at this intersection in the year 2022, making it the seventh highest crash location in Town. Complete the Conversion of the Bypass to a Limited Access Facility: A Virginia Department of Transportation (VDOT) study in the 1980s recommended that the Bypass be converted to a limited access highway to improve traffic flow and safety. After completion of the planned interchange on the Bypass at Edwards Ferry Road and Fort Evans Road, the only at grade connections to the Bypass will be the Battlefield Parkway intersection and a currently unused intersection at Dry Hollow Road and Old Balls Bluff Road. This project would eliminate those access points as identified in the 2022 Leesburg Legacy Plan. Interchange Access Report Process In accordance with VDOT and Federal Highway Administration (FHWA) regulations, the first phase of any new interchange project consists of the development and approval of a comprehensive operational and safety analysis report also referred to as an Interchange Access Report (IAR). Development of the IAR involves considering various alternatives, and identifying a preferred alternative based on engineering analyses and public input. Initially, a wide range of interchange types were considered. Through coordination with various stakeholders (such as VDOT, Loudoun County, Leesburg Police, and others), the options were narrowed to the three most favorable types of interchanges. More detailed analysis and concept designs were developed for these alternatives including two pedestrian options for Alternative A, and those alternatives were presented to the public. The current step in the IAR process is for Town Council to endorse a preferred alternative. The preferred alternative will then undergo design refinement and the IAR will be drafted. After the more detailed evaluation and IAR is completed, Town Council will be requested to endorse the study. This local endorsement is a requirement for VDOT approval of the IAR. The results of the IAR will include a refined design concept for the improvements and a budget- level estimate of project costs. Using this information, the Town will be able to establish project schedules and apply for outside funding for final design and construction. Alternatives As required by the regulations governing the development of an IAR, this study considered various interchange types as well as a “No-Build” option. After an initial screening of all available 115 Item h. Battlefield Parkway and Route 15 Bypass Interchange Project – Preferred Alternative November 14, 2022 Page 5 interchange types, and narrowing the options to the most favorable, the alternatives evaluated in the study are: No Build (No change to the existing signalized at-grade Intersection); or Alternative A – Option 1: Double Roundabout Interchange with At-grade Pedestrian Crossings; or Alternative A – Option 2: Double Roundabout Interchange with Grade-separated (Tunnel) Pedestrian Crossings; or Alternative B – Traditional Diamond Interchange; or Alternative C – Diverging Diamond Interchange; or Public Involvement As an integral part of the IAR process, a considerable effort has been made to reach out to the public to inform them of the project, respond to questions, and to receive feedback on preferences and concerns. The major efforts included: Virtual Public Meeting on April 28, 2022 – The purpose of this meeting was to inform the public of the project and to present the alternatives that are being studied. Over 2,000 postcard notices were mailed to encourage attendance, as well as press releases, social media notices, and message board signs at the intersection. Over 140 stakeholders attended the meeting. On-Line Survey – Immediately following the April meeting, an on-line survey was conducted which offered stakeholders an opportunity to ask questions and offer opinions. This survey was promoted at the meeting, on the Town website, through a press release, and via a geo-fenced digital display campaign. Approximately 450 surveys were received. The purpose of the survey was to assess the public’s opinion on the need for the project, how they use the intersection (mode of travel, frequency of use, etc.), and which of the alternatives they preferred. The survey also offered many opportunities to provide written input about the project and the alternatives. Question Responses – Over 150 questions were submitted during the April 28, 2022 meeting. All the questions and answers were then posted on the project web page. HOA Briefings: Individual meetings were held with the two residential community HOAs located on Battlefield Parkway on either side of the Bypass (Exeter and Potomac Crossing). Frequently Asked Questions (FAQ) – The Town summarized the answers to the questions that seemed to be of the most importance to stakeholders and posted that FAQ list to the project web page. See Attachment #2. In-Person Public information Meeting on September 21, 2022 – This meeting provided an in-person opportunity for stakeholders to review exhibits, ask questions, and discuss the project with the project team. 56 stakeholders attended the meeting, and a total of 58 persons submitted written input and comments. The results of the April on-line survey showed that most of the respondents feel that improvements are needed at the intersection – no matter whether they live in the neighboring communities or live elsewhere (see Figure 1 below). 116 Item h. Battlefield Parkway and Route 15 Bypass Interchange Project – Preferred Alternative November 14, 2022 Page 6 Figure 1. Percent of Respondents From the May 2022 Survey Who Think the Interchange is Needed. The most common concerns identified by the public were related to the following items: Property/Land Impacts and proximity of homes to the ramps. Bicycle and pedestrian safety. Traffic Congestion and concerns on North 15 and the need to address those first. Traffic Impacts on Battlefield Parkway. Noise Impacts. When asked in the April on-line survey to rate the various build alternatives on a scale of one to five (with five as the best), the stakeholders generally preferred Alternative A – Option 1 (Double Roundabout with At-Grade Pedestrian Crossings). Alternative A – Option 2 (Double Roundabout with Grade-Separated Pedestrian Crossings) and Alternative B – Traditional Diamond had similar ratings by the stakeholders, and Alternative C – Diverging Diamond was the stakeholders’ least preferred option. Results from stakeholders living in adjacent neighborhoods were very similar to the results from all stakeholders. Table 1 provides the average scores for all the alternatives. Details of the survey results and comments from the April on-line survey are posted to the project webpage at www.leesburgva.gov/Battlefield-Rte15. Table 1: Average Scores for Each Alternative Alternative Score 1-5 (5 is the best score) All Respondents (450) Adjacent Neighborhoods* (223) 117 Item h. Battlefield Parkway and Route 15 Bypass Interchange Project – Preferred Alternative November 14, 2022 Page 7 Alt A – Option 1: Double Roundabout w/ At-grade Pedestrian Crossings 3.3 3.4 Alt A – Option 2: Double Roundabout w/Grade-separated Pedestrian Crossings 2.6 2.5 Alt B – Traditional Diamond 2.7 2.5 Alt C – Diverging Diamond 1.8 1.7 *Neighboring communities include Exeter, Potomac Crossing, The Point, Edwards Landing, Fox Chase at Exeter, Exeter Hills, and other subdivisions and individual houses in the area. A Feedback Form provided at the September public meeting also requested preferences for the Build and No-build Alternatives. Forty-seven percent (47%) indicated they preferred the No-build Alternative (Keep Existing Intersection) and fifty-three percent (53%) identified an interchange alternative. The alternative order of preference was similar to the April survey, with Alternative A- Option 1 preferred by the largest portion of the respondents, and Alternative B ranked second (see Figure 2). Comments from the September Feedback Forms are posted to the project webpage at www.leesburgva.gov/Battlefield-Rte15. Figure 2. Breakdown of Alternative Interchange Preference Comparison of Alternatives A criteria matrix was developed to help compare and evaluate the alternatives considered. A table showing the alternatives and their criteria scores is included. See Attachment #3. The criteria 7% 21% 6% 15% 2% 47% 2% Which Interchange Option Do You Prefer? Support Interchange (No Specific Alternative) Double Roundabout w/ At- grade Pedestrian Crossings Double Roundabout w/ Grade- separated Pedestrian Crossings Traditional Diamond Diverging Diamond Keep Existing Intersection No Answer 118 Item h. Battlefield Parkway and Route 15 Bypass Interchange Project – Preferred Alternative November 14, 2022 Page 8 include traffic operations, pedestrian and bicycle safety and convenience, traffic safety, community support, right of way impacts, project costs, and more. Each alternative is unique in how well it addresses the goals and purpose of the project. All the alternatives are similar in providing traffic congestion improvements, right of way and environmental impacts, and all will require the intersection to become “limited access,” requiring the closure of the Old Balls Bluff Road and Dry Hollow Road connections to Route 15 Bypass. The main differences between the alternatives involve pedestrian and bicycle safety and convenience, traffic flow, intersection spacing for future signals, and incident management. Major advantages and disadvantages for each alternative are discussed in more detail in Tables 2 through 6 below. Table 2. No Build Alternative: Keep Existing At-Grade Intersection Advantages Disadvantages Least expensive No impact to adjoining properties Direct pedestrian/bicycle crossing No alternative access is required for Old Balls Bluff Road or Old Dry Hollow Road Congestion at intersection will continue, affecting local traffic on Battlefield Parkway Does not meet Town Plan goal of prioritizing pedestrian and bicycle safety and comfort. At-grade pedestrian/bicycle crossing may feel unsafe, and defer use for some people Intersection does not meet Town Plan goal to make Route 15 Bypass limited access More serious accidents are possible with interaction of high-speed Route 15 traffic with lower-speed Battlefield Parkway traffic 119 Item h. Battlefield Parkway and Route 15 Bypass Interchange Project – Preferred Alternative November 14, 2022 Page 9 Table 3. Alternative A – Option 1: Double Roundabout w/ At-grade Pedestrian Crossings Advantages Disadvantages Meets the goals to reduce congestion and improve pedestrian safety Meets Town Plan goal to make Route 15 Bypass limited access Highest ranking alternative in public survey Roundabouts encourage lower vehicle speeds and act as natural traffic calming Promotes a steadier traffic flow with no new traffic signals needed Provides separation to allow adding traffic signals at Fieldstone Drive and/or Balls Bluff Road if warranted in the future Reduces number and severity of vehicle crashes Uncontrolled pedestrian crossings require pedestrians to monitor traffic and find a break in the traffic to cross safely Incident management may require roundabouts to be closed and traffic for accidents and maintenance Less familiar interchange type may cause more confusion for motorists Right lane of Battlefield Parkway becomes the on-ramp to the Bypass, which may cause drive confusion Table 4. Alternative A – Option 2: Double Roundabout w/ Grade-separated Pedestrian Crossings (Tunnels) Advantages Disadvantages Meets the goals to reduce congestion and improve pedestrian safety Meets Town Plan goal to make Route 15 Bypass limited access Safest for pedestrians and bicycles, with separation from motor vehicles at crossing locations Promotes a steadier traffic flow with no new traffic signals needed Provides separation to allow adding traffic signals at Fieldstone Drive and/or Balls Bluff Road if they are warranted in the future Reduces number and severity of vehicle crashes Less convenient for pedestrians due to indirect route which may lead to shortcutting across the at-grade intersections PD identified safety and security concerns for pedestrian and bicycles using the tunnels Increased costs due to tunnels and longer pedestrian route Incident management may require roundabouts to be closed for accidents and maintenance Less familiar interchange type may cause more confusion for motorists Right lane of Battlefield Parkway becomes the on-ramp to the Bypass, which may cause driver confusion Of the four Build Alternatives, ranked third most preferred by the public. 120 Item h. Battlefield Parkway and Route 15 Bypass Interchange Project – Preferred Alternative November 14, 2022 Page 10 Based on the comparison of the Alternatives and feedback from the public, Alternative C: Diverging Diamond and Alternative A – Option 2: Double Roundabout with Grade-Separated Pedestrian Crossings were dismissed from further consideration. Major concerns about the remaining alternatives and how these issues can be mitigated are discussed below. Concerns with Alternative A – Option 1: Double Roundabout with At-grade Pedestrian Crossings Pedestrian Safety at Roundabouts vs. Signalized Intersections Concern: This Alternative includes pedestrian crossings of the interchange ramps and Battlefield Parkway at locations that are not controlled by traffic signals. The Police Department has Table 5. Alternative B: Traditional Diamond Advantages Disadvantages Meets the goals for the project to reduce congestion and improve pedestrian safety Meets Town Plan goal to make Route 15 Bypass limited access Of the four Build Alternatives, ranked second most preferred by the public Most familiar interchange type will cause less confusion for motorists Direct pedestrian crossing route Pedestrian/bicycle crossings controlled by traffic signal More easily accommodates incident management as the road is more likely to remain partially open during accidents or maintenance Lower traffic safety because interchange has more vehicular conflict points compared to other alternatives Less ability to control speeds and promote traffic calming Substandard separation between the adjoining intersections of Fieldstone Drive and Balls Bluff Road if traffic signal installations are warranted in the future Wider bridge to accommodate four lanes of travel and left turn lanes Pedestrians/bicyclists cross free right turn lane that is not controlled by the signal Table 6. Alternative C: Diverging Diamond Advantages Disadvantages Meets the goals to reduce congestion and improve pedestrian safety Meets Town Plan goal to make Route 15 Bypass limited access Reduces traffic congestion and improves pedestrian safety Requires 2 bridges, which increases project costs and future maintenance Non-traditional lane configurations can be confusing for motorists Has a much larger footprint resulting in ramps closest to homes Of the four Build Alternatives, ranked least preferred by the public 121 Item h. Battlefield Parkway and Route 15 Bypass Interchange Project – Preferred Alternative November 14, 2022 Page 11 expressed concerns that this may result in reduced pedestrian safety because motorists travelling into and through the roundabouts may be focused on monitoring the traffic through the roundabout and therefore may be less likely to notice pedestrians. Mitigation: Traffic speed through the roundabouts will naturally be lower, which will help provide more time for motorists to see pedestrians in the crosswalks and will also help pedestrians to find an available gap between cars to safely cross. Pedestrians will only need to cross one lane of traffic at a time. Therefore, the crosswalk distances are relatively short and the pedestrian is only required to monitor one lane of traffic to find an open window to cross. By comparison, crosswalk distances for the Alternative B - Traditional Diamond will involve pedestrians crossing 4 to 6 lanes of traffic. And although through traffic at the crossing is controlled by a signal, right turns on red (if permitted) could still be considered an uncontrolled crossing. Additional signage and pavement markings can be added to improve motorist awareness that pedestrians are crossing. Driver Confusion due to Lane Drop Concern: This Alternative narrows Battlefield Parkway from two through-lanes to one through- lane as it approaches the interchange in each direction with the right lane becoming the entrance ramp to the Bypass. This provides single lane roundabouts which tend to be easier for drivers to traverse, and a narrower bridge which will reduce project costs; however, it is possible that motorists could get stuck in the right lane and be forced to enter onto Route 15 Bypass. Mitigation: In most cases, motorists in the right lane who wish to travel straight are expected to have sufficient time to move into the left lane before being forced to turn onto the ramps to the Bypass. Signage will help provide early notification to motorists which is expected to reduce the number of vehicles who inadvertently take the ramps to the Route 15 Bypass. Since most motorists using Battlefield Parkway are expected to be regular users, they will grow accustomed to using the roundabouts and will know to move over earlier. Incident Management Concern: Because Alternative A is designed with single lane roundabouts, Public Works and Police Department staff have expressed concern that during traffic incidents and road maintenance it is more likely that full road closures may be required. By comparison, the other alternatives (Traditional Diamond and Diverging Diamond) have more paved area with two lanes in each direction (plus turn lanes) which can be temporarily used for traffic management during incidents. 122 Item h. Battlefield Parkway and Route 15 Bypass Interchange Project – Preferred Alternative November 14, 2022 Page 12 Mitigation: The lane width in the roundabouts is designed to be 18 feet instead of the typical 12 feet and there is an additional 15 feet of raised concrete apron inside the lane that can be used as travel way in an emergency. Based on Federal Highway Administration (FHWA) research, the number of crashes at roundabout-type interchanges is anticipated to be less frequent and less severe at roundabout-type interchanges compared to other interchange types. An FHWA and Transportation Research Board study entitled “Safety Effect of Roundabout Conversions in the United States: Empirical Bayes Observational Before-After Study” concludes that roundabouts improve safety by reducing fatalities by more than 90%. In addition, the National Cooperative Highway Research Program (NCHRP) Report 572: Roundabouts in the United States determined that roundabouts result in a 35% reduction in all crashes and a 76% reduction in injuries. Therefore, road closures may not cause more closures that other alternatives. Concerns with Alternative B: Traditional Diamond Substandard Traffic Signal Spacing Concern: Roadway design standards recommend minimum spacing between traffic signals to optimize operations and efficiency. Alternative B - Traditional Diamond includes two new traffic signals on Battlefield Parkway at the entrance/exit ramps to Route 15 Bypass. The resulting separation between these new signals and the intersections at Fieldstone Lane and Balls Bluff Road is insufficient to meet these standards if traffic signals were to be warranted for Fieldstone Lane or Balls Bluff Road sometime in the future. Mitigation: Although the spacing is substandard and operations will not be optimal, the separation available between the new interchange signals and future signals at the adjacent intersections will result in sufficient function of the interchange signal light operations most of the time. Traffic Flow Disruptions on Battlefield Parkway Concern: The addition of two new traffic signals with Alternative B – Traditional Diamond may cause more disruption of traffic flow along Battlefield Parkway and increase congestion. Mitigation: Traffic signal timing will be optimized to ensure as little delay as possible. 123 Item h. Battlefield Parkway and Route 15 Bypass Interchange Project – Preferred Alternative November 14, 2022 Page 13 Concerns with the No Build Alternative: Keep Existing At-grade Intersection Inability to Meet Project Goals Concern: The No Build alternative (keeping the existing intersection) does not meet the Town Plan goal to make Route 15 Bypass limited access. Mitigation: If making Route 15 Bypass limited access is no longer a goal for the Town, the Town Plan could be revised to eliminate the requirement for Route 15 Bypass to be limited access. Proposed Legislation: RESOLUTION Endorsement of the Preferred Alternative for the Interchange Access Report for the Battlefield Parkway and Route 15 Bypass Interchange Project Draft Motions: 1. I move to approve the proposed resolution to: Endorse Alternative A – Option 1: Double Roundabout with At-grade Pedestrian Crossings for the Battlefield Parkway and Route 15 Bypass Interchange project in order to complete the Interchange Access Report and other related studies and design. 2. I move to deny the proposed Resolution. OR 3. I move to revise the proposed resolution to: Endorse Alternative ______________ for the Battlefield Parkway and Route 15 Bypass Interchange project as the preferred alternative in order to complete the Interchange Access Report and other related studies and design. Attachments: 1. Draft Resolution 2. Battlefield Parkway and Route 15 Bypass Interchange Study Frequently Asked Questions 3. Battlefield Parkway and Route 15 Bypass Interchange Study Alternatives Screening Criteria Matrix 4. Map of Intersection of Battlefield Parkway and Route 15 North Bypass 124 Item h. PRESENTED: November 15, 2022 RESOLUTION NO. 2022- ADOPTED: _______________ A RESOLUTION : ENDORSEMENT OF THE PREFERRED ALTERNATIVE FOR THE INTERCHANGE ACCESS REPORT FOR THE BATTLEFIELD PARKWAY AND ROUTE 15 BYPASS INTERCHANGE PROJECT WHEREAS, the Interchange Access Report for Battlefield Parkway and Route 15 Bypass Interchange Project is an identified capital project in the Town’s Fiscal Year 2023- 2027 Capital Improvement Program and is listed as a Programmed Project in the Legacy Leesburg Improvement Plan; and WHEREAS, the goals of the project are to reduce congestion and vehicle delays at the Route 15 Bypass and Battlefield Parkway intersection and provide safe access across Route 15 Bypass for pedestrians; and WHEREAS, the Town has received funding from the Northern Virginia Transportation Authority for the initial required studies, including preparation of an Interchange Access Report; and WHEREAS, the Town has developed alternative designs for the proposed interchange that were presented to the public during a virtual Public Information Meeting held on April 28, 2022 and a live Public Information Meeting held on September 21, 2022; and WHEREAS, an online survey was held after the April 28, 2022 meeting and input was received by 450 respondents, and WHEREAS, feedback forms were received from 30 individuals following a live meeting held on September 21, 2022, and WHEREAS, additional input from the public was received via email; and 125 Item h. A RESOLUTION: ENDORSEMENT OF THE PREFERRED ALTERNATIVE FOR THE INTERCHANGE ACCESS REPORT FOR THE BATTLEFIELD PARKWAY AND ROUTE 15 BYPASS INTERCHANGE PROJECT -2- 2022/01 WHEREAS, all input and feedback has been compiled, and presented to Town Council; and WHEREAS, Town staff has reviewed the public survey results and input, and has reviewed the advantages and disadvantages of each of the Alternatives; and WHEREAS, the Town staff recommends Alternative A – Option 1: Double Roundabout with At-grade Pedestrian Crossings as providing the most benefits at this location; and WHEREAS, an alternative must be selected and refined in order to complete the Interchange Access Report to complete this project. THEREFORE, RESOLVED, by the Council of the Town of Leesburg in Virginia as follows: 1. Town Council endorse Alternative A – Option 1: Double Roundabout with At-grade Pedestrian Crossings (as presented at the November 14, 2022 Town Council work session) as the preferred alternative for the Battlefield Parkway and Route 15 Bypass Interchange Project in order to complete the Interchange Access Report and other related studies and design. PASSED this 15th day of November, 2022. ______________________________ Kelly Burk, Mayor Town of Leesburg ATTEST: ______________________________ Clerk of Council 126 Item h. Page 1 Route 15 Bypass / Battlefield Parkway Interchange FAQs – 9/20/22 Battlefield Parkway and Route 15 Bypass Interchange Study Frequently Asked Questions What is the Battlefield Parkway / Route 15 Bypass Interchange Project and why is it happening? In accordance with the objectives set forth in the new Legacy Leesburg Transportation Improvement Plan, this project will remove the last at grade and signalized intersection on the Route 15 Leesburg Bypass by adding a grade-separated interchange (overpass) for Battlefield Parkway with ramps to access Route 15 Bypass. The project will include a 10-foot shared use path along the north side of Battlefield Parkway and a 5-foot sidewalk along the south side of Battlefield Parkway. Construction of this interchange will address the following project goals: 1) Reduce congestion at the existing at-grade signalized intersection: Drivers through this intersection routinely experience significant congestion. This congestion not only impacts vehicles using Route 15, but also impacts the residents in subdivisions adjacent to Battlefield Parkway and their ability to cross the Bypass during certain peak hours of the day. The traffic analysis for this project indicates that traffic volumes on Battlefield Parkway are expected to be reduced once delays on the Route 15 Bypass are eliminated with the removal of the traffic signal. Currently, vehicles sometimes utilize Battlefield Parkway and other local streets as a short cut to avoid congestion at intersections on the Route 15 Bypass. With reduction in congestion on the Bypass, there will be less incentive for through-traffic to utilize these local streets. 2) Improve pedestrian and bicycle access crossing the Bypass: The grade-separated crossing will allow pedestrians and bicyclists to cross without interacting with the higher speed, higher volume Route 15 Bypass traffic. The Leesburg Police Department has identified the Route 15 Bypass as one of the most dangerous corridors for pedestrians in Leesburg. How can I find out more about this project and receive updates? Information will be posted on the Battlefield Parkway / Route 15 Bypass Interchange Project webpage at www.leesburgva.gov/ Battlefield-Rte15. You will find presentation materials and recordings from previously held Neighborhood meetings, and a place to sign up for email updates concerning the project. In addition, you may contact Karin Franklin, the Town’s Project Manager, directly at 703-771-6674 or kfranklin@leesburgva.gov. The project’s first neighborhood meeting was held virtually on April 28, 2022, where three alternative interchange configurations were presented. A survey was conducted after that meeting for the public to provide input on the alternatives under consideration. A presentation to Leesburg Town Council is scheduled for fall 2022 to present the alternatives under consideration, the results of the public survey, and hold a public hearing to obtain additional input from interested parties so that Town Council can endorse their preferred alternative to study further. A second neighborhood 127 Item h. Page 2 Route 15 Bypass / Battlefield Parkway Interchange FAQs – 9/20/22 meeting was held in-person on September 21, 2022 at the Ida Lee Park Recreation Center. A third public meeting will be held in spring/summer of 2023 to present a refinement of the Town Council endorsed alternative. Who is paying for this project? The Northern Virginia Transportation Authority (otherwise known as NVTA) has provided $2M to fund the first phase of this multi-year project to complete the Interchange Access Report (IAR). Additional steps for the project including detailed design, land acquisition, utility relocation, and construction are not yet funded. Completion of the IAR will provide order of magnitude costs for the planned interchange which will be used to apply for the funding needed to move forward with this project. Funding will likely come from multiple sources and may include Town of Leesburg, Loudoun County, Virginia Department of Transportation, Northern Virginia Transportation Authority, Federal Highway Administration, and others. When is this project scheduled to be constructed? Currently there is no schedule established for construction. The Interchange Access Report (IAR) is only the first phase of design for this project. After approval of the IAR, the Town will work toward obtaining project funding to move forward with detailed design, environmental studies, right-of-way and easement acquisition, and utility relocation, all of which must be completed before construction can begin. Construction of a proposed interchange on the Route 15 Bypass at Edwards Ferry Road and Fort Evans Road has been identified as a higher priority project to complete and has received sufficient funding to move forward with completion of detailed design. It is anticipated that the proposed Route 15 Bypass/Battlefield Parkway interchange will not begin until after completion of that other adjacent project. Some of the traffic issues at this intersection are caused by other congestion issues on Route 15 north of Leesburg. Will this project be needed once these other congestion issues are resolved? The improvements to Route 15 north of Leesburg currently under design by Loudoun County is expected to significantly improve traffic congestion on the Route 15 Leesburg Bypass. Traffic studies indicate that the project will eliminate the northbound traffic queues that regularly occur as far south as Battlefield Parkway. However, the Route 15 North improvements will not address other pedestrian and access issues that currently exist at the Battlefield Parkway intersection. The proposed grade-separated interchange will improve safety by allowing pedestrians and bicycles to cross the bypass without interfacing with the high-speed, high-volume Route 15 traffic. The proposed interchange at Battlefield Parkway will remove the last remaining traffic signal on the Route 15 Bypass (if the proposed interchange on Route 15 at Edwards Ferry Road and Fort Evans Road has been constructed) and eliminate a choke point on Route 15. Removing the signal is consistent with the Town Plan goal of converting the Route 15 Bypass into a full limited access highway. Will this project result in more speeding? How will safety be addressed on this project? The reduction of congestion on the Route 15 Bypass could result in higher speeds on that roadway. However, overall safety will be improved for vehicles, pedestrians, and bicycles. Elimination of the signalized intersection will eliminate conflicts between the higher speed Route 15 traffic and the lower speed Bypass traffic. The interchange bridge will allow pedestrians and bicycles to cross Route 15 without crossing the higher speed, high volume bypass traffic. The pedestrian/bicycle crossings will be limited to crossing the interchange ramps. 128 Item h. Page 3 Route 15 Bypass / Battlefield Parkway Interchange FAQs – 9/20/22 Some of the alternatives being considered include traffic calming provisions intended to reduce speeds on Battlefield Parkway. One goal of the Legacy Leesburg Town Plan adopted March 22, 2022 is to design public streets to accommodate a mix of pedestrians, bikes, transit, traditional vehicles and other forms of mobility. Strategy 4.4.2 of the plan states that the design of streets should prioritize pedestrian and bicycle safety and comfort in addition to moving cars efficiently. Each alternative for the interchange includes provisions to improve access for pedestrian and bicycles on Battlefield Parkway crossing the Route 15 Bypass. In addition to the Town Plan goals and strategies, the Town has worked jointly with Bike Loudoun over the past several years to improve the bicycle route network. By improving the Route 15 crossing for bicycles, the project will enhance connectivity between the "Blue Trail" in the Leesburg Bike Trail network and the designated bike lanes on Plaza Street. Why can’t we just have an overpass at this location with no traffic from Battlefield accessing Route 15 Bypass? The purpose of the interchange as it relates to the Town Transportation Plan is to provide a system that does not put all the traffic into one location to access Route 15 Bypass. An interchange with full access has been included in the Leesburg Town Plan since 1986 and continues to be included in the most recent Town Plan update which was adopted on March 22, 2022. When traffic movements are prohibited, a more circuitous (indirect) travel pattern is created that can take longer and can cause congestion in other locations. If the access to the Route 15 Bypass from Battlefield Parkway was removed, traffic would be forced to use other access points (Edwards Ferry Road, Fort Evans Road, or Route 15 Business) to access the Route 15 Bypass. This would exacerbate the existing congestion at the Edwards Ferry Road and Fort Evans Road intersections, that is already significant. In addition, there is more potential for U-turn activity in other areas, that were not designed for this vehicle movement, which reduces safety. Making Route 15 Bypass a limited access corridor will help to keep traffic on the bypass rather than cutting through neighborhoods along Battlefield and therefore is expected to improve safety on Battlefield Parkway. Why not just build a separate pedestrian bridge/walkway over 15? Pedestrian and bicycle safety is one of several goals for the project. Other goals include reducing congestion at the intersection and converting the Bypass into a full limited access highway by eliminating the final traffic signal. Construction of a pedestrian bridge could satisfy the goal of improving pedestrian safety but would not address the other goals. In the past, the Town has performed studies and obtained public feedback on the potential of constructing pedestrian/bicycle bridges across the Bypass at other locations (near the Edwards Ferry Road and Fort Evans Road intersections, and near the South King Street intersection). Public feedback of those proposed pedestrian/bicycle bridges included concerns that due to the additional length required to meet ADA requirements, there could be a tendency for pedestrians and bicyclists to avoid the bridge and cross the Bypass at the existing intersection, which would be less safe. Given these previous concerns and considering the estimated cost of a pedestrian/bicycle bridge that would not address some of the goals of the project, this was not considered to be an economically feasible alternative. Will new traffic signals be added at Fieldstone Drive and/or Balls Bluff Road? At the intersections of Battlefield Parkway with Fieldstone Drive and Balls Bluff Road, traffic counts were obtained in mid-April 2022 and the Town is conducting a study to determine if traffic signals 129 Item h. Page 4 Route 15 Bypass / Battlefield Parkway Interchange FAQs – 9/20/22 are warranted at either of these intersections. This analysis will be completed for current conditions, interchange completion conditions and future interchange conditions. The study will review traffic volumes, crash data, pedestrian volumes, travel speeds, safety conditions, and other factors that would contribute to the need for a traffic signal. These factors are evaluated to determine if they meet the federal criteria in the Manual on Uniform Traffic Control Devices (MUTCD) to warrant a traffic signal. In addition, both intersections are being included in the modeling analysis to identify whether any of the alternatives would make it easier or more difficult to cross Battlefield Parkway at Fieldstone Drive or Balls Bluff Road. If a traffic signal is warranted at either of the intersections, pedestrian signals would be included to allow pedestrians to cross Battlefield Parkway and the side streets. How will my property or HOA property be impacted? Pre-planning for this interchange project provided the opportunity for the Town to receive substantial right of way during the development of the Exeter and Potomac Crossing developments on either side of Route 15 on Battlefield Parkway. The design will strive to keep all alternatives within the existing right of way wherever possible. It is anticipated that potentially some grading easements and possibly of a small strip of right of way for the sidewalk/trails in some areas may be required. Will studies be done to analyze the need for sound barriers at this interchange? The Interchange Access Report (IAR) completed during this initial phase will have a high-level review and summary of the potential need for sound barriers. A formal noise analysis will be completed during the detailed design phase of the project as part of the environmental document. The noise analysis will be developed following all federal and VDOT requirements. All of the alternatives are expected to have a similar level of potential noise impact. Potential sound barriers would only be constructed as part of the proposed future interchange project. How much tree loss is anticipated? The project will attempt to limit the impact to existing trees as much as possible, however, it is expected that some existing trees will need to be removed. For capital improvement projects such as this one, the Town Zoning Ordinance states that “in no case shall there be a net loss in the number of trees in the area improved’. A tree inventory will be developed to identify the existing trees expected to be lost and the number of replacement trees needed. The project will include a landscape plan and will try to include all the replacement trees needed within the project footprint. If this is not possible, the project will make a monetary contribution to the Town’s tree bank, which provides money to the Town’s Urban Forester to plant trees in other areas of the Town to maintain the Town’s tree canopy. Do all alternatives result in elimination of the Exeter and/or Potomac Crossing monuments/signs? It is likely that the community monuments (signs) on both sides of the Route 15 Bypass near the intersection will be impacted by the construction and will require removal or relocation. The Town typically will coordinate with the Homeowners’ Associations (HOA) in the removal or relocation of the monuments. However, the relocated monument may not have the same landscaping or footprint as the original based on the space available and would continue to be the responsibility of the HOA to maintain. 130 Item h. Screening Criteria No Build (“Do Nothing”) Alternative A Double Roundabout Option 1 Alternative A Double Roundabout Option 2 Alternative B Traditional Diamond Alternative C Diverging Diamond Traffic Operations along Route 15 Bypass ●●●●● Traffic Operations along Battlefield Parkway ○○○○○ Pedestrian and bicycle convenience ○○○○○ Pedestrian and bicycle safety ○○●○○ Traffic Safety ○●●○○ Intersection spacing along Battlefield Parkway ○○○○○ Community Support ○○○○● Right of Way Impacts ●○○○○ Project Cost N/A ○○○○ Environmental Impacts ○○○○○ Legend ●○○○● Excellent Favorable Fair Unfavorable Poor Interchange Access Report for Battlefield Parkway / Route 15 Bypass Interchange Project –Screening Criteria Matrix 131 Item h. Balls Bluff Battlefield Regional Park Smart’s Mill Middle School Battlefield Project Location Ro u t e 1 5 B y p a s s Tuscarora High School Francis Hazel Reid Elementary School Loudoun County Town of Leesburg Leesburg Elementary School N Location Map –Intersection of Battlefield Parkway and Route 15 North Bypass 132 Item h. Council Meeting Date: November 14, 2022 TOWN OF LEESBURG TOWN COUNCIL WORK SESSION Subject: Tourism and Technology Zones Staff Contact: Russell Seymour, Director, Department of Economic Development Council Action Requested: Work Session as requested by Council to discuss the potential establishment of a Tourism Zone and a Technology Zone as business incentive programs. Staff Recommendation: Since Tourism and Technology Zones are business incentive programs, staff is supportive of their development. Should Council be interested in moving forward with either of these programs, staff recommends a follow up discussion item by Council in February 2023 after further analysis by staff and the Economic Development Commission. Commission Recommendation: While there is no formal recommendation at this time, the Economic Development Commission has previously discussed the potential for Tourism and Technology Zones. Fiscal Impact: Dependent upon Council direction and the types of incentives selected. Financial incentives typically are provided in the form of a grant based upon a percentage of revenue to the Town generated by the business on an annual basis via a rebate program. Work Plan Impact: Staff time would be involved in both establishing the Zone(s) and then in managing the program(s). Should any incentives be developed that include an Expediated Review Process or Targeted Industry Program, staff from other Town Departments would also be involved. Town Plan Impact: Establishing incentive programs is consistent with Goals 2.1 – Leverage the Town’s Unique Character to Attract High Quality Jobs and Investment and 2.2 – Use Economic Growth to Expand Economic Opportunity of the Legacy Leesburg Town Plan. Executive Summary: Tourism and Technology Zones are two types of incentive programs available to localities to promote business growth and job creation. Programs would be developed, and once approved by Town Council, managed through the Department of Economic Development in collaboration with other Town Departments. Background: The Code of Virginia allows localities to create Tourism and Technology Zones as a means for providing tax incentives and regulatory flexibility to promote business growth and job creation. Both Zones are established and maintained at the local level. Each locality is responsible for the development of all program guidelines and business requirements for each zone. Tourism Zones were established in 2006 (Code of Virginia – SS58.1-3851) to allow businesses to take advantage of state and local incentives not available to businesses elsewhere. The purpose of the REVISED 133 Item i. Tourism and Technology Zones November 14, 2022 Page 2 Tourism Zone Program is to create the opportunity for localities to establish designated areas in which they may provide these incentives to stimulate business attraction, growth, and increased employment opportunities. Each locality may grant tax incentives and may provide certain regulatory flexibility within an established tourism zone. Incentives may be provided for up to 20 years and typically follow a declining scale. In Virginia, any city, county, or town may establish, by ordinance, one or more Tourism Zones. Localities are responsible for defining the boundary area, which may include the entire jurisdiction, of each zone. Currently, there are approximately 75 Tourism Zones located in 47 different localities across the state. As a part of developing a Tourism Zone, in addition to defining a target area, a locality must also develop all qualifications and available incentives. This includes defining what a Tourism business is, setting the minimum criteria for eligibility of a business and providing the incentives available for business that meet those criteria. In comparing current Tourism Zone programs, eligibility requirements and incentive options typically include the following: Eligibility Requirements o Minimum Capital Investment Amount - $2,000 - $500,000 o Minimum Job Creation Number 1 FTE – 25 FTE o Can be different for new vs existing business Incentive Options - Local incentives can include, but are not limited to hiring credits, sales & use tax incentives, expense and interest deductions, discounted utilities hook-up and payment plans, sewer facility hookup payment plans and reduced parking requirements. Incentives can be general in nature or specific to a particular business’s needs. o Samples from other areas BPOL or Business License Tax Incentive/Waiver Machinery and Tool Tax Incentive/Waiver Business Tangible Personal Property Tax Incentive/Waiver Targeted Industry Status – Expediated Review Water/Sewer Connection Fee Reductions/Waivers Sales, Meals or Lodging Tax Incentives 2018 Incentive Breakdown from existing Zones 53% BPOL Incentive 43% Fee Reductions/Waivers 20% Expediated Review In addition to locally developed incentives, the Virginia Tourism Corporation (VTC) also offers incentive opportunities at the state level. It is important to note, however, that while state initiatives such as the Tourism Development Financing Program (TDFP), require a locality to have an established Tourism Zone, state programs are separate initiatives and are not guaranteed. 134 Item i. Tourism and Technology Zones November 14, 2022 Page 3 Technology Zones were established in 1995 (Code of Virginia – SS58.1-3850) to allow businesses to take advantage of state and local incentives not available to businesses elsewhere. Like the Tourism Zone, the Technology Zone Program was developed to create the opportunity for localities to establish designated areas in which they may provide incentives to stimulate business attraction, growth, and increased employment opportunities. Each locality may grant tax incentives and may provide certain regulatory flexibility within an established technology zone. Incentives may be provided for up to 10 years and typically follow a declining scale. In Virginia, any city, county, or town may establish, by ordinance, one or more Technology Zones. Localities are responsible for defining the boundary area, which may include the entire jurisdiction, of each zone. Currently, 39 localities in Virginia have established Technology Zones. In comparing current Technology Zone programs, eligibility requirements and incentive options typically include the following: Eligibility Requirements o Minimum Capital Investment Amount - $75,000 - $1,000,000. o Minimum Job Creation Number. Salary requirements are typically set 20% above the locality’s current average annual salary. o Minimum amount of square footage obtained o Eligibility requirements are typically lower for existing businesses. Incentive Options - Local incentives can include, but are not limited to hiring credits, sales & use tax incentives, expense and interest deductions, discounted utilities hook-up and payment plans, sewer facility hookup payment plans and reduced parking requirements. Incentives can be general in nature or specific to a particular business’s needs. o Samples from other areas BPOL or Business License Tax Incentive/Waiver Machinery and Tool Tax Incentive/Waiver Business Tangible Personal Property Tax Incentive/Waiver Targeted Industry Status – Expediated Review Water/Sewer Connection Fee Reductions/Waivers One area where the Town of Leesburg would be limited in developing either zone is in the number of optional incentives available. Since the Town and County share several tax categories, this would limit financial incentives to those based upon the Business Professional and Occupational License Tax (BPOL) and Town charged fees. The primary incentive that could be made available to businesses in either zone would be an Expediated Review process. Proposed Legislation: RESOLUTION Authorizing the Development of a Draft Local Incentive Initiative to Include the Creation of a Tourism Zone and a Technology Zone for Future Town Council Consideration 135 Item i. Tourism and Technology Zones November 14, 2022 Page 4 Draft Motions: 1. I move to approve the proposed Resolution 2. I move to deny the proposed Resolution. OR 3. I move an alternate motion. Attachments: 1. Draft Resolution 2. Code of Virginia 58.1-3851 3. Code of Virginia 58.1-3850 4. Tourism Zone Overview 5. Technology Zones in Virginia 2022/03 136 Item i. PRESENTED: November 15, 2022 RESOLUTION NO. 2022- ADOPTED: ________________ A RESOLUTION : AUTHORIZING THE DEVELOPMENT OF A DRAFT LOCAL INCENTIVE INITIATIVE TO INCLUDE THE CREATION OF A TOURISM ZONE AND A TECHNOLOGY ZONE FOR FUTURE TOWN COUNCIL CONSIDERATION WHEREAS, the Town of Leesburg remains committed to the promotion of business growth and job creation; and WHEREAS, businesses are focusing more closely now on incentive and assistance opportunities provided by localities in making their location and expansion decisions; and WHEREAS, understanding this, localities are becoming more competitive in providing incentive options to targeted business sectors; and WHEREAS, the Code of Virginia allows localities to establish, by ordinance, Tourism and Technology Zones; and WHEREAS, these Zones, developed and managed by the locality, allow the locality to provide certain tax incentives and regulatory flexibility in promoting business growth and job creation; and WHEREAS, both Tourism and Technology are targeted sectors for the Town of Leesburg, representing both a strong existing base and opportunities for future growth; and THEREFORE, RESOLVED, by the Council of the Town of Leesburg in Virginia as follows: 1. Staff is directed to develop a Tourism Zone Incentive Program and present it to the Council no later than the end of February 2023. 2. Staff is directed to develop a Technology Zone Incentive Program and present it to the Council no later than the end of February 2023. REVISED 137 Item i. A RESOLUTION: AUTHORIZING THE DEVELOPMENT OF A DRAFT LOCAL INCENTIVE INITIATIVE TO INCLUDE THE CREATION OF A TOURISM ZONE AND A TECHNOLOGY ZONE FOR FUTURE TOWN COUNCIL CONSIDERATION -2- 2022/01 PASSED this 15th day of November 2022. ______________________________ Kelly Burk, Mayor Town of Leesburg ATTEST: ______________________________ Clerk of Council 138 Item i. Code of Virginia Title 58.1. Taxation Subtitle III. Local Taxes Chapter 38. Miscellaneous Taxes Article 10. Local Tourism Zone § 58.1-3851. Creation of local tourism zones A. Any city, county, or town may establish, by ordinance, one or more tourism zones. Each locality may grant tax incentives and provide certain regulatory flexibility in a tourism zone. B. The tax incentives may be provided for up to 20 years and may include, but not be limited to (i) reduction of permit fees, (ii) reduction of user fees, and (iii) reduction of any type of gross receipts tax. The extent and duration of such incentive proposals shall conform to the requirements of the Constitutions of Virginia and of the United States. C. The governing body may also provide for regulatory flexibility in such zone that may include, but not be limited to (i) special zoning for the district, (ii) permit process reform, (iii) exemption from ordinances, excluding ordinances or provisions of ordinances adopted pursuant to the requirements of the Chesapeake Bay Preservation Act (§ 62.1-44.15:67 et seq.), the Erosion and Sediment Control Law (§ 62.1-44.15:51 et seq.), or the Virginia Stormwater Management Act (§ 62.1-44.15:24 et seq.), and (iv) any other incentive adopted by ordinance, which shall be binding upon the locality for a period of up to 10 years. D. The establishment of a tourism zone shall not preclude the area from also being designated as an enterprise zone. 2006, c. 642;2008, c. 462;2013, cc. 756, 793. The chapters of the acts of assembly referenced in the historical citation at the end of this section(s) may not constitute a comprehensive list of such chapters and may exclude chapters whose provisions have expired. 1 11/2/2022 12:00:00 AM139 Item i. Code of Virginia Title 58.1. Taxation Subtitle III. Local Taxes Chapter 38. Miscellaneous Taxes Article 9. Local Technology Zone § 58.1-3850. Creation of local technology zones A. Any city, county or town may establish, by ordinance, one or more technology zones. Each locality may grant tax incentives and provide certain regulatory flexibility in a technology zone. B. The tax incentives may be provided for up to ten years and may include, but not be limited to: (i) reduction of permit fees; (ii) reduction of user fees; and (iii) reduction of any type of gross receipts tax. The extent and duration of such incentive proposals shall conform to the requirements of the Constitutions of Virginia and of the United States. C. The governing body may also provide for regulatory flexibility in such zone which may include, but not be limited to: (i) special zoning for the district; (ii) permit process reform; (iii) exemption from ordinances; and (iv) any other incentive adopted by ordinance, which shall be binding upon the locality for a period of up to ten years. D. Each locality establishing a technology zone pursuant to this section may also adopt a local enterprise zone development taxation program for the technology zone as provided in § 58.1- 3245.12. E. The establishment of a technology zone shall not preclude the area from also being designated as an enterprise zone. 1995, c. 397;1996, c. 830;1997, c. 168;2002, c. 449. The chapters of the acts of assembly referenced in the historical citation at the end of this section(s) may not constitute a comprehensive list of such chapters and may exclude chapters whose provisions have expired. 1 11/2/2022 12:00:00 AM140 Item i. Tourism Zones Found online at ›› http://www.vatc.org/tourismzoneszones ≡ Virginia localities may establish a Tourism Zone without state oversight ≡ Tourism Zones are passed by local ordinance and contain both requirements and benefits for existing and new tourism businesses, including lodging, dining, retail, meeting and sports facilities, Outdoor recreation areas, theme parks and event venues. ≡ Localities can create a new Tourism Zone during the TDFP application process if one does not exist WHAT is a Tourism Zone? Much like traditional business enterprise zone, a tourism zone allows businesses to take advantage of state and local tax incentives not available to businesses elsewhere. The goal of these incentives is to stimulate business attraction, growth, and increased employment opportunities within certain areas of a locality. This can include, but is not limited: hiring credits, sales & use tax incentives, expense and interest deductions, discount utilities hook-up and payment plans, sewer facility hookup payment plans and reduced parking requirements. Any city, county, or town may establish, by ordinance, one or more tourism zones. Each locality may grant tax incentives and provide certain regulatory flexibility in a tourism zone. In Virginia, tax incentives may be provided for up to 20 years and may include, but are not be limited to ≡ Reduction of permit fees ≡ Reduction of user fees ≡ Reduction of any type of gross receipts tax ≡ The extent and duration of such incentive proposals shall conform to the requirements of the Constitutions of Virginia and of the United States A governing body may also provide for regulatory flexibility in such zone that may include, but not be limited to: ≡ Special zoning for the district ≡ Permit process reform ≡ Exemption from some ordinances, excluding ordinances or provisions adopted pursuant to the Chesapeake Bay Preservation Act, Erosion & Sediment Control Law and the VA Storm water Management Act ≡ Other incentive adopted by ordinance, which shall be binding upon the locality for a period of up to 10 years TOURISM ZONES In the Commonwealth of Virginia 141 Item i. Tourism Zones in the Commonwealth of Virginia Tourism Zones in the Commonwealth of Virginia page │ 2 Tourism Zone Considerations Factors when considering the opportunity and impact of tourism zones ≡ Pre-existing enterprise or business development zones ≡ The level and nature of adjoining developments ≡ Any relevant local planning policy, legislation, state planning policies and development control regulations ≡ Preparation, advertising, adoption and implementation tourism zones, in relation to local community and business development plans ≡ Any tourism development zone fundamentals including the use of land, including the extent of preservation, further development, land use Factors and Changes to Consider with Establishing a Tourism Zone ≡ Density or proximity of any residential developments within a tourism zone ≡ Tourist center and locality-wide services and operations ≡ Any new types or quantities of merchandise or goods to be stored, processed, produced or sold ≡ Personal safety and security in streets and around buildings or new business development ≡ Strategic importance for the tourist industry is for local residence and out-of-town tourists ≡ Balance with local transportation without restricting access and use of tourist attractions ≡ Tourists visit places for a variety of purposes which do not include work or a permanent home ≡ Effectiveness of travel, retail and hospitality signage ≡ Control the service of alcohol so as not to adversely impact on residents or the community ≡ Storm water drainage details including design levels and erosion control at outlets ≡ Access to non-emergency and emergency health care needs of visitors ≡ Diverse lodging development and needs, in relations to residential nearby Establishing a Tourism Zone Localities interested in pursuing the Commonwealth of Virginia Tourism Development Financing Program will need to have a defined tourism zone(s) within which the proposed project is contained. Virginia cities, counties, or towns can currently establish such tourism zones as allowed for in the Code of Virginia. Interested localities are encouraged to begin development of the required tourism zones. 2006 Virginia Code § 58.1-3851 - Creation of local tourism zones. § 58.1-3851. Creation of local tourism zones A. Any city, county, or town may establish, by ordinance, one or more tourism zones. Each locality may grant tax incentives and provide certain regulatory flexibility in a tourism zone. B. The tax incentives may be provided for up to 20 years and may include, but not be limited to (i) reduction of permit fees, (ii) reduction of user fees, and (iii) reduction of any type of gross receipts tax. The extent and duration of such incentive proposals shall conform to the requirements of the Constitutions of Virginia and of the United States. C. The governing body may also provide for regulatory flexibility in such zone that may include, but not be limited to (i) special zoning for the district, (ii) permit process reform, (iii) exemption from ordinances, excluding ordinances or provisions of ordinances adopted pursuant to the requirements of the Chesapeake Bay Preservation Act (§ 10.1-2100 et seq.), the Erosion and Sediment Control Law (§ 10.1-560 et seq.), or the Virginia Stormwater Management Act (§ 10.1-603.1 et seq.), and (iv) any other incentive adopted by ordinance, which shall be binding upon the locality for a period of up to 10 years. D. The establishment of a tourism zone shall not preclude the area from also being designated as an enterprise zone. 142 Item i. Tourism Zones in the Commonwealth of Virginia Tourism Zones in the Commonwealth of Virginia page │ 3 (2006, c. 642; 2008, c. 462.) The level of incentives is determined based on the size of the capital investment, the number of jobs created and how the project meets the following areas of interest to the City of Fredericksburg. ─ Increase in local sales tax generation ─ BPOL tax generation ─ Location within a priority area, as defined in the JumpStart! Plan and 2007 Comp Plan ─ Connection to the City’s Pathways Plan ─ Incorporation of public art into the project ─ Use of the Economic Development Authority in financing the project ─ Environmental Innovation ─ Historic Preservation ─ Benefits to new, expanding and existing businesses New │ Expanding │ Existing Eagle Village + Celebrate Virginia South-Central Park ─ Minimum $500,000 capital investment ─ create at least 25 jobs New │ Expanding Existing Downtown - Princess Anne Street ─ Minimum $250,000 capital investment ─ create at least 10 jobs ─ Minimum $125,000 capital investment ─ create at least 5 jobs 143 Item i. Tourism Zones in the Commonwealth of Virginia Tourism Zones in the Commonwealth of Virginia page │ 4 144 Item i. Tourism Zones in the Commonwealth of Virginia Tourism Zones in the Commonwealth of Virginia page │ 5 145 Item i. Tourism Zones in the Commonwealth of Virginia Tourism Zones in the Commonwealth of Virginia page │ 6 Tourism Zones in Virginia Contacts for tourism zone communities City of Fredericksburg https://www.fredericksburgva.com/171/Tourism-Zone- Incentive CONTACT Bill Freehling Director Dept. of Econ Dev. & Tourism City of Fredericksburg 540 372 1216 bfreehling@fredericksburgva.gov City of Virginia Beach https://www.municode.com/library/va/virginia_beach/cod es/code_of_ordinances?nodeId=CO_CH35.4TOZO CONTACT Zoning Administration 757 385 8074 zoning@vbgov.com City of Newport News https://www.nngov.com/2325/Tourism-Zones CONTACT Carol U. Meredith Assistant Director - Dept. of Development City of Newport News 757 926 3797 cmeredith@nngov.com City of Norfolk https://www.norfolkdevelopment.com/business- resources/business-incentives/tourism-zones CONTACT Jared Chalk Interim Economic Development Director City of Norfolk | Economic Development 757 664 4338 jared.chalk@norfolk.gov Virginia municipalities with Tourism Zones + Links Blacksburg – Town Bristol – City Carroll – County Farmville – Town Fauquier – County Fredericksburg – City Front Royal – Town James City – County Hillsville – Town Lynchburg – City Newport News – City Norfolk – City Pocahontas – Town Prince Edward – County Rockbridge – County South Boston – Town Spotsylvania – County Virginia Beach – City Waynesboro – City For more information, contact: Wirt Confroy Director of Business Development Virginia Tourism Corporation 901 East Cary Street, Suite 900, Richmond, VA 23219 804 545 5552 | wconfroy@virginia.org Tyler Carroll Business Development Specialist Virginia Tourism Corporation 901 East Cary Street, Suite 900, Richmond, VA 23219 804 545 5551 | tcarroll@virginia.org 146 Item i. 147 Item i. Council Meeting Date: November 15, 2022 TOWN OF LEESBURG TOWN COUNCIL MEETING Subject: Supplemental Appropriation for Compass Creek Annexation Staff Contact: Christopher Spera, Town Attorney Cole Fazenbaker, Management and Budget Officer Council Action Requested: A supplemental appropriation of approximately $120,000 from the Unassigned Fund Balance. The supplemental appropriation is required to pay the anticipated costs associated with the proceedings before the Virginia Commission on Local Government and subsequent court proceedings related to the Compass Creek Annexation and to otherwise provide additional funds for the Town Attorney’s operating budget in Fiscal Year 2023. Staff Recommendation: Approve a supplemental appropriation to the Town Attorney’s Office in the amount of $120,000 for the Fiscal Year 2023 operating budget to cover costs related to the Compass Creek Annexation. Commission Recommendation: Not applicable. Fiscal Impact: The supplemental appropriation of $120,000 would be funded from the Unassigned Fund Balance. The Town has spent $511,501 to bring the matter to the point of filing the extensive petition to annex Compass Creek. Work Plan Impact: None. This project is part of the current work plan for the Town Attorney’s Office. Town Plan Impact: None. Executive Summary: A supplemental appropriation of $120,000 to the Town Attorney’s Fiscal Year 2023 operating budget is requested to continue the work necessary to take the Compass Creek Annexation to completion. The amounts previously budgeted were sufficient to cover the costs of preparing and filing the annexation petition, including the work of outside counsel and the various experts retained to satisfy the elements of the annexation petition. The supplemental appropriation will cover the legal and expert costs of the proceedings before the Virginia Commission on Local Government and subsequent court proceedings and allow the Town to continue the annexation process. Background: Council approved Resolution No. 2018-117, as amended through October 15, 2019, initiating a Boundary Line Agreement (BLA) for Area 1A of the Town’s Joint Land Management Area (JLMA) called Compass Creek. Pursuant to Resolution 2021-156, dated October 12, 2021, Council approved a second boundary adjustment. On April 13, 2022, the Loudoun County Board of Supervisors approved the second 148 Item j. Supplemental Appropriation for Compass Creek Annexation November 15, 2022 Page 2 boundary adjustment. However, the Town and the County have been unable to arrive at an agreement related to the continued expansion of the Town' s corporate limits. On September 13, 2022, by Resolution No. 2022-113, Council approved a plan for annexation of the remaining parts of Compass Creek that are not already within the Town boundary. Proposed Legislation: RESOLUTION Approving a Supplemental Appropriation for the Compass Creek Annexation Draft Motions: 1. I move to approve the proposed Resolution Approving a Supplemental Appropriation for the Compass Creek Annexation. 2. I move to deny the proposed Resolution Approving a Supplemental Appropriation for the Compass Creek Annexation. OR 3. I move an alternate motion. Attachment: Draft Resolution 2022/03 149 Item j. PRESENTED: November 15, 2022 RESOLUTION NO. 2022- ADOPTED: ________________ A RESOLUTION : APPROVING A SUPPLEMENTAL APPROPRIATION FOR THE COMPASS CREEK ANNEXATION WHEREAS, the Circuit Court of Loudoun County, by Order dated April 28, 2020, approved a boundary adjustment that brought a portion of Compass Creek into the Town' s corporate limits; and WHEREAS, on September 13, 2022, by Resolution No. 2022-113, Council approved a plan for annexation of the remaining parts of Compass Creek that are not already within the Town boundary; and WHEREAS, the Town Attorney’s office has expended the amount budgeted for the Fiscal Year 2023 budget to prepare and file the annexation petition and requires additional amounts to cover the costs associated with the proceedings before the Virginia Commission on Local Government and subsequent court proceedings; and WHEREAS, a supplemental appropriation of $120,000 is required to pay the anticipated costs associated with the proceedings before the Virginia Commission on Local Government and subsequent court proceedings related to the Compass Creek Annexation petition and to otherwise provide additional funds for the Town Attorney’s operating budget for Fiscal Year 2023; and WHEREAS, the supplemental appropriation will cover the costs of the legal services and allow the Town to continue the annexation process; and THEREFORE, RESOLVED, by the Council of the Town of Leesburg in Virginia that a supplemental appropriation from the Unassigned Fund Balance is made in the amount of $120,000 to the Town Attorney’s Office operating budget for the fiscal year beginning July 1, 150 Item j. A RESOLUTION: APPROVING A SUPPLEMENTAL APPROPRIATION FOR THE COMPASS CREEK ANNEXATION -2- 2022/01 2022 and ending June 30, 2023. All unused appropriation may be carried over to subsequent fiscal years. PASSED this 15th day of November, 2022. ______________________________ Kelly Burk, Mayor Town of Leesburg ATTEST: ______________________________ Clerk of Council 151 Item j. Council Meeting Date: November 15, 2022 TOWN OF LEESBURG TOWN COUNCIL MEETING Subject: Initiation of Zoning Ordinance Batch Amendments Staff Contact: Shelby Miller, Planner Michael Watkins, Zoning Administrator James David, Director of Planning and Zoning Council Action Requested: Initiation of minor Zoning Ordinance text amendments. Staff Recommendation: Initiate Zoning Ordinance batch text amendments to align with State code, clarify process, update some uses and related standards, strengthen certain sign criteria, and incorporate new airport noise data. Commission Recommendation: Not applicable at this time. The Planning Commission will review the proposed zoning ordinance amendments and hold the duly required public hearing before issuing recommendations. Fiscal Impact: Not applicable. Work Plan Impact: Processing zoning ordinance amendments is part of the core functions of the Department of Planning and Zoning. Currently, the department is processing seven active zoning ordinance text amendments. Town Plan Impact: Legacy Leesburg Town Plan Strategy 1.1.6 calls for supporting regulatory documents to be regularly updated to reflect best practices, trends, and technologies. The proposed batch amendments update and clarify the Zoning Ordinance which is the primary supporting regulatory document for the Town Plan. Executive Summary: The Department of Planning and Zoning has maintained a semi-regular process and schedule for maintaining the Town’s Zoning Ordinance through annual Zoning Ordinance batch amendments. The purpose of the annual batch amendments is to make minor updates to the Zoning Ordinance to reflect any state mandated changes, or to correct errors, inconsistencies or problems discovered in the day-to-day administration of the Zoning Ordinance. The batch amendments update many different sections of the Zoning Ordinance to clarify process, update uses and related standards, strengthen sign criteria, and incorporate new airport noise data. Background: The Zoning Ordinance batch amendment process is not intended for major overhauls of the Zoning Ordinance or to respond to Council-initiated changes that require in-depth research, processing, and public involvement. Instead, the annual batch amendments are meant to make 152 Item a. Initiation of Zoning Ordinance Batch Amendments November 15, 2022 Page 2 relatively minor changes to meet state mandated changes, and to improve the Zoning Ordinance to make it easier for the public to understand and for Town staff to administer. The proposed Zoning Ordinance batch amendments are included in the table below. Item Description of Proposed Amendment Process Amendments 1 Clarify the Minor Special Exception process; explain the difference from the Special Exception process. 2 Add expiration date for Certificate of Appropriateness and Town Plan Amendment applications that have sat idle for a specified period of time due to applicant inactivity. 3 Revise foundation wall survey requirements to add finished floor elevation and spot shots. This assists developers in identifying potential grading issues that may require significant alterations after occupancy is granted to the homeowner. 4 Clarify lot consolidation and boundary lot adjustments to align the Zoning Ordinance with State Code. Use and Standards Updates 5 Add “Family Medical Housing Unit” to align Zoning Ordinance with State Code. 6 Expand allowable districts for “Trade/General Contractor” use consistent with existing zoning practice. 7 Collapse “transient housing” use into “Homestays.” 8 Add "Recovery Residence” to align Zoning Ordinance with State Code. 9 Clarify pool/hot tub cover standards to align with options in the Building Code. 10 Revise formatting of use standards for “Service Stations” to ensure distancing requirement for underground tanks from schools, residential areas, and other sensitive uses is not overlooked. Sign Criteria 153 Item a. Initiation of Zoning Ordinance Batch Amendments November 15, 2022 Page 3 11 Revise “Temporary Signs” to add a size limitation. 12 Add electronic vehicle charging station sign limitations. Airport Noise Data 13 Update Airport Impact Overlay District map. The Metropolitan Washington Airports Authority updated the noise exposure maps for Dulles Airport in 2019. Proposed Legislation: RESOLUTION Initiating Zoning Ordinance Batch Amendments Draft Motions: 1. I move to approve the proposed Resolution, dated November 15, 2022, and included as Attachment 1, which initiates a batch of minor amendments to the Zoning Ordinance. OR 2. I move to deny the proposed Resolution and direct staff to roll the Zoning Ordinance batch amendments into the pending comprehensive Zoning Ordinance Rewrite. OR 3. I move an alternate motion. Attachment: Draft Resolution /03 154 Item a. PRESENTED: November 15, 2022 RESOLUTION NO. 2022- ADOPTED: _________________ A RESOLUTION : INITIATING ZONING ORDINANCE BATCH AMENDMENTS WHEREAS, the Department of Planning and Zoning has developed a regular process for maintaining the Town’s Zoning Ordinance through annual batch amendments; and WHEREAS, the Zoning Ordinance batch amendment process began in 2011 and has been completed on an annual basis; and WHEREAS, the Town Plan calls for supporting regulatory documents such as the Zoning Ordinance to be regularly updated to reflect best practices, trends, and technologies; and WHEREAS, the purpose of the Zoning Ordinance batch amendment process is to implement Town Plan goals and objectives, integrate state mandated legislative changes, apply determinations made by the Zoning Administrator, correct errors and omissions, and respond to modern trends in zoning practice; and WHEREAS, the batch amendments update many different sections of the Zoning Ordinance to clarify process, update uses and related standards, strengthen sign criteria, and incorporate new airport noise data; and WHEREAS, the Council is of the opinion that public necessity, convenience, general welfare, and good zoning practice warrant the consideration of the proposed Winter 2022 batch amendments. THEREFORE, RESOLVED, by the Council of the Town of Leesburg in Virginia as follows: 155 Item a. A RESOLUTION: INITIATING ZONING ORDINANCE BATCH AMENDMENTS -2- 1. The batch amendments to the Zoning Ordiance are hereby initiated, and recommended to the Planning Commission to amend the Zoning Ordinance as follows: a. Process Amendments i. Clarify the Minor Special Exception process. ii. Add expiration date for Certificate of Appropriateness and Town Plan Amendment applications that have sat idle for a specified period of time due to applicant inactivity. iii. Revise foundation wall survey requirements; add finished floor elevation and spot shots. iv. Clarify lot consolidation and boundary lot adjustments to align the Zoning Ordinance with State Code. b. Use and Standards Updates i. Add “Family Medical Housing Unit” to align with State Code. ii. Expand allowable districts for “Trade/General Contractor” use. iii. Collapse “transient housing” use into “Homestays.” iv. Add "Recovery Residence” to align Zoning Ordinance with State Code. v. Clarify pool/hot tub cover standards to align with options in the Building Code. vi. Revise formatting of use standards for “Service Stations” to ensure distancing requirement for underground tanks from schools, residential areas, and other sensitive uses is not overlooked. 156 Item a. A RESOLUTION: INITIATING ZONING ORDINANCE BATCH AMENDMENTS -3- 2022/01 c. Sign Criteria i. Revise “Temporary Signs” to add a size limitation. ii. Add electronic vehicle charging station sign limitations. d. Airport Noise Data i. Update Airport Impact Overlay District map. 2. The Planning Commission shall hold a public hearing to consider these amendments to the Zoning Ordiance and report its recommendations to the Town Council pursuant to Chapter 22, Title 15.2-2204 of the 1950 Code of Virginia, as amended. PASSED this 15th day of November, 2022. ______________________________ Kelly Burk, Mayor Town of Leesburg ATTEST: ______________________________ Clerk of Council 157 Item a. Council Meeting Date: November 15, 2022 TOWN OF LEESBURG TOWN COUNCIL MEETING Subject: 2023 Town Calendar Staff Contact: Leah Kosin, Staff Liaison, Commission on Public Art Council Action Requested: Approve the 2023 Town calendar which includes 13 images as proposed by the Commission on Public Art. Staff Recommendation: Approve the 2023 Town calendar which includes 13 images as proposed by the Commission on Public Art (COPA). In September 2022, the Town Manager authorized COPA to proceed after hearing no objections from Council. Commission Recommendation: The Commission on Public Art endorses the 2023 Town calendar, which includes 13 Leesburg-related images submitted by the public. Fiscal Impact: No additional funding is necessary. The estimated budget for printing is $3,000 which is currently available in the Adopted Fiscal Year 2023 budget for the Commission on Public Art. Work Plan Impact: Minimal. Staff will compile a list of Town holidays, closures, special events, and scheduled meetings, which will be provided to the Commission on Public Art for inclusion in the 2023 Town Calendar. Executive Summary: In August 2022, the Commission on Public Art (COPA) proposed a new project to develop a Town calendar for 2023 using their existing funds. Upon hearing no objections from Council, the Town Manager authorized COPA to proceed with the project in September 2022. COPA intends to print 500 copies that will be available to the public on a first come, first served based at Town facilities including the Airport, Ida Lee, Balch Library, and Town Hall. If the project is well received by the public, COPA intends to increase the quantity in calendar year 2024. This idea spawned from the Town of Herndon who has done a similar project in the past. Background: The Commission on Public Art (COPA) will design the calendar in-house in coordination with the Public Information Office. COPA’s process to develop the calendar included a “Call to Artists”, in September 2022, asking for images of Leesburg that included, but were not limited to Town parks, the W&OD Trail, a Town streetscape, historic district homes, etc. COPA, along with an art advisory panel, selected their top 13 images in November, which will be featured in the calendar. The calendar will also include public information such as Town holidays, 158 Item b. 2023 Town Calendar November 15, 2022 Page 2 office closures, special events such as Flower & Garden, Independence Day, etc., and other important dates to remember. Proposed Legislation: RESOLUTION Approval of 2023 Town Calendar Draft Motions: 1. I move to approve the proposed Resolution approving the 2023 Town calendar. 2. I move to deny the proposed Resolution approving the 2023 Town calendar. OR 3. I move an alternate motion. Attachments: 1. Draft Resolution 2. Artwork Submissions 2022/01 159 Item b. 2022/01 PRESENTED: November 15, 2022 RESOLUTION NO. 2022- ADOPTED: ________________ A RESOLUTION : APPROVAL OF 2023 TOWN CALENDAR WHEREAS, the Leesburg Town Council supports the Commission on Public Art, established in 2006 (COPA Article XII Section 2-100 of the Leesburg Town Code); and WHEREAS, the work of the Commission on Public Art encourages and supports art to enhance Leesburg’s identity as a community and to demonstrate that Leesburg values art and creativity within the community; and WHEREAS, the Commission on Public Art proposes a 2023 Town calendar that will include 13 images and public information such as Town holidays, closures, and special events. THEREFORE RESOLVED by the Council of the Town of Leesburg in Virginia that the 2023 Town of Leesburg calendar project is approved. PASSED this 15th day of November, 2022. ______________________________ Kelly Burk, Mayor Town of Leesburg ATTEST: ______________________________ Clerk of Council 160 Item b. Calendar Cover – Lori Goll January 2023 – Kathleen Doran 161 Item b. February 2023 – Nathan Francis March 2023 – Dasha Geronimo 162 Item b. April 2023 – Donald Burns May 2023 – Alison Thompson 163 Item b. June 2023 - Diego Rosales July 2023 - Leesburg Police Department 164 Item b. August 2023 – Leah Kosin September 2023 – Buzz Baker 165 Item b. October 2023 – Leesburg Police Department November 2023 – Steve Krizay 166 Item b. December 2023 – Samantha Eisenhower 167 Item b. Council Meeting Date: November 15, 2022 TOWN OF LEESBURG TOWN COUNCIL MEETING Subject: Board of Zoning Appeals Appointee to the Circuit Court Staff Contact: Michael Watkins, Zoning Administrator Council Action Requested: Recommend to the Circuit Court the appointment of Martha Mason Semmes to the Board of Zoning Appeals. Staff Recommendation: Reappoint Martha Mason Semmes to the Board of Zoning Appeals. Based on Ms. Semmes’ resume and her depth of experience, staff believes she is a well-qualified candidate. Commission Recommendation: Not applicable. Fiscal Impact: Section 2-231 of the Town Code provides for compensation of $100 per meeting attended. Funds are appropriated in the Fiscal Year 2023 general fund budget. Work Plan Impact: Not applicable. Town Plan Impact: Not applicable. Executive Summary: The Circuit Court requests a recommendation from Council prior to making its final decision regarding appointments to the Board of Zoning Appeals. Background: Section 15.2-2308 of the Code of Virginia states that Boards of Zoning Appeals may consist of five or seven members of the locality appointed by the circuit court for the locality. The Town of Leesburg’s Board of Zoning Appeals consists of five (5) members. Martha Mason Semmes was appointed to fill the vacancy of Chance Harrison whose term ended on April 29, 2017. Ms. Semmes’ term ends December 31, 2022, creating a new vacancy. The Clerk of Council has advertised the vacancy in Loudoun Now. Since the advertisement, Ms. Semmes’ Letter of Interest is the only request for appointment received by staff. During her term, Ms. Semmes’ regularly attended scheduled meetings of the Board of Zoning Appeals. Proposed Legislation: RESOLUTION Extension of Board of Zoning Appeals Appointee to the Circuit Court 168 Item d. Board of Zoning Appeals Appointee to the Circuit Court November 15, 2022 Page 2 Draft Motions: 1. I move to approve the proposed Resolution, dated November 15, 2022, and included as attachment 1, which recommends the appointment of Martha Mason Semmes to the Board of Zoning Appeals. 2. I move to deny the proposed Resolution and not recommend appointment of Martha Mason Semmes to the Board of Zoning Appeals. OR 3. I move an alternate motion. Attachments: 1. Draft Resolution 2. Letter of Interest 2022/03 169 Item d. 2022/01 PRESENTED: November 15, 2022 RESOLUTION NO. 2022- ADOPTED: _______________ A RESOLUTION : EXTENSION OF BOARD OF ZONING APPEALS APPOINTEE TO THE CIRCUIT COURT WHEREAS, members of the Board of Zoning Appeals are appointed by the Chief Judge of the Circuit Court pursuant to Code of Virginia § 15.2-2308; and WHEREAS, the term of Marth Mason Semmes to the Board of Zoning Appeals expires on December 31, 2022; and WHEREAS, a notice of vacancy seeking candidates to the Board of Zoning Appeals was advertised in Loudoun Now; and WHEREAS, Martha Mason Semmes has submitted a Letter of interest and resume requesting reappointment to the Board of Zoning Appeals. THEREFORE, RESOLVED, by the Council of the Town of Leesburg in Virginia as follows: 1. Council recommends that Martha Mason Semmes be reappointed to the Board of Zoning Appeals for the term to expire December 31, 2027. 1. The Town Attorney is directed to send Council’s recommendation to the Chief Judge of the Circuit Court. PASSED this 15th day of November, 2022. ______________________________ Kelly Burk, Mayor Town of Leesburg ATTEST: ______________________________ Clerk of Council 170 Item d. 171 Item d. MARTHA MASON SEMMES, FAICP 125 Chesterfield Pl SW, Leesburg VA 20175 540-454-1635 mmasonsemmes@gmail.com Education BS, Environmental Studies Magna Cum Laude, Duke University, 1975 MRP, City & Regional Planning University of North Carolina-Chapel Hill, 1977 Professional Experience Planning & Zoning Specialist, Town of Round Hill (April 2019 – Present) Part-time planning and zoning staff; Assist Town Administrator with zoning administration, development review, comprehensive planning; town management. Zoning Administrator, Town of Hamilton, VA (Feb. 2019 – Present; Contract staff) Part-time administrator of zoning ordinance, site plan and subdivision regulations; Enforce Town Code violations; Provide planning services. Principal, MMS Planning & Management, LLC (Jan. 2019 – Present) Urban planning & management consultant specializing in municipal management, planning and zoning. Expert witness services. Most recent work on zoning ordinance amendments and Town Code utility amendments for Town of Hillsboro, Virginia. Town Administrator, Town of Middleburg, VA. (Nov. 2010 – Jan. 2019) Chief administrative officer for historic small town in Northern Virginia region; Managed staff of 12; Reported to Mayor and 7-member Town Council; Oversaw planning & zoning, economic development, police, water and sewer services, maintenance and capital projects, and solid waste management; Prepared and managed annual budget totaling over $3.9 million; Deputy Zoning Administrator. Director of Planning & Zoning, Town of Purcellville, VA (Nov. 2004-Oct. 2010) Managed staff providing full range of planning and zoning services, including comprehensive planning; historic preservation; and land use application processing, including subdivisions, site plans, rezoning and special use permit requests; Provided staff support to Town Council, Planning Commission, Board of Zoning Appeals, Board of Architectural Review, and Committee on the Environment. Community Development Specialist/Main Street Coordinator, Loudoun County, VA, Department of Economic Development (2003-2004) Town Planner/Zoning Administrator, Town of Middleburg, VA (1995- 2003) Consultant, Urban and Environmental Planning (1988- 2004) Planning, Zoning & Development Director, Town of Leesburg, VA, (1984-88); Principal Planner (1983-84) Planning Project Manager, Kamstra, Dickerson & Associates, Reston, VA (1980-82) Chief, Physical Planning Division, Northern Virginia Planning District Commission, (1978-80); Impact Assessment Planner (1977-78) 172 Item d. Resume – Martha Mason Semmes Page 2 of 2 Professional Associations and Certifications International City Managers Association, Dec. 2010 – Present Virginia Local Government Managers Association, Jan. 2011 – Present; Strategic Planning Committee, 2012-2018 American Planning Association, Charter Member (Va. Bd. of Directors 1980-82) Fellow, American Institute of Certified Planners (FAICP) Member since 1982 Virginia Association of Zoning Officials (VAZO) (Newsletter Editor, 1999-2000; Secretary, 2000-2002; Education Committee, 2003-2006); VAZO Zoning Administrator of the Year Award-1999 Professional Service Member, Leesburg Board of Zoning Appeals, 2018 - Present Member, Loudoun County Design Cabinet, 2006 – Present Vice President-Programs, Virginia Downtown Development Association, 2014-15, Co-Chair of Programs, 2013-14, Board of Directors, 2011-2016 Member, Host Committee, APA Virginia 2013 Annual Conference Member, Virginia Tech Urban Affairs & Planning Technical Review Committee, 2009, 2010 and 2013. Member, Loudoun County Vision Task Force (1989) Member, Loudoun County Open Space Plan Task Force (1994-95) Educational Contributions Panelist, American Planning Association Audio/Web Conferences, Informed Decisions, 2-18-09 and Introduction to the Planning Commission: Part 2, 3-22-06 Speaker at numerous professional conferences. Sample listing: “Loudoun County Design Cabinet”, APA Virginia Annual Conference, March 2008, with Larry Rosenstrauch, Milton Herd and Alan Hansen “Loudoun County Design Cabinet”, AIA Architecture Exchange East 2007. Nov. 2007, Richmond, VA, with Larry Rosenstrauch and Alan Hansen “Planning with the People We Serve: A Review of Tools & Techniques”, APA Virginia Annual Conference, Oct. 2004, with Milton Herd and Terry Harrington “Drafting Effective Zoning Ordinances, Amendments & Proffers”, APA Virginia Annual Conference, April 2003, with Lorene Payne “Economic Development in the Potomac Region: From Golden Leaf to Silicon Chip”, Northern Virginia Studies Conference, Northern Virginia Community College, October 2003 “Outdoor Lighting Regulations”, Virginia Association of Zoning Officials Annual Conference, Fall 2001, Session developer and moderator Guest lecturer, various college and graduate level planning & public policy courses. Examples: University of Virginia School of Architecture & Environmental Planning (Historic Preservation, Nov. 2003) and Virginia Tech Certificate in Public Management Program (Local Economic Development Planning, Fall 2014-Spring 2018) Lecturer, 1998 Virginia Institute for Planning Commissioners Member, Adjunct Faculty, Northern Virginia Campus, University of Virginia, Dept. of Urban & Environmental Planning (1979-81), Taught Impact Assessment and Regional Land Use Planning courses 173 Item d. Council Meeting Date: November 15, 2022 TOWN OF LEESBURG TOWN COUNCIL MEETING Subject: Renewal of License Agreement with Lumos Networks, Inc. - Installation of Telecommunications Facilities within Town Rights-of-Way Staff Contact: Calvin Grow, Transportation Engineer, Department of Public Works Christine Newton, Deputy Town Attorney Council Action Requested: Approval of a proposed License Agreement between the Town of Leesburg and Lumos Networks, Inc. (dba SEGRA) for telecommunications facilities in the Town rights-of-way. Staff Recommendation: Authorize Lumos Networks, Inc. to continue to operate its existing telecommunications facilities within the Town rights-of-way with a new license agreement. Commission Recommendation: None. Fiscal Impact: Under applicable state code provisions, the Town receives, and will continue to receive, revenue from the fiber provider based on number of voice access lines within the town. That revenue is approximately $2,400 annually to the General Fund. Work Plan Impact: Inspection for right-of-way permits is a part of the work plan for the inspectors within the Department of Public Works and Capital Projects. Town Plan Impact: None. Executive Summary: Lumos Networks, Inc. has installed certain telecommunications facilities within the Town rights-of-way under a 2017 license agreement for service to Loudoun County Public Schools and Loudoun County Government facilities. The current license agreement will expire on November 16, 2022, and Lumos seeks a renewal license agreement to continue to install, maintain and operate its facilities in their existing and previously approved locations. Background: The Town requires a License Agreement to permit outside entities to install, operate, and maintain facilities within the Town’s right-of-way. The Town entered into a license agreement with Lumos Networks Inc. which authorized the use of the Town right of way for a term of five years. The Town’s current License Agreement with Lumos, dated November 17, 2017, and set to expire on November 16, 2022, permits the installation of telecommunications facilities within certain defined portions of the Town’s rights-of-way. The License Agreement prohibits Lumos from expanding or extending its telecommunications facilities “without approval from the Town Transportation Engineer and a written amendment to this License Agreement signed by the Town Manager and an authorized agent of Lumos.” The existing agreement has previously been amended four times to add fiber to the approved map. 174 Item a. Renewal of License Agreement with Lumos Networks, Inc. - Installation of Telecommunications Facilities within Town Rights-of-Way November 15, 2022 Page 2 In accordance with applicable law and the License Agreement, a statutory Public Rights-of-Way Use Fee, pursuant to Virginia Code § 56-468.1, applies to the existing Lumos cable serving customers within the Town. The Public Rights-of-Way Use Fee structure is based on the number of voice access lines used by Lumos customers within the Town, and state code does not permit charges based on volume of fiber. The Public Rights-of-Way Use Fee structure is set by Virginia Code § 56-468.1; the rate in any given year is computed by VDOT based on a compilation of access line data; and the fees are paid either directly to the locality (as in this case) or through VDOT. Since Lumos serves customers within the Town, rather than simply running cable through the Town for service to customers located outside the Town limits, this agreement is not subject to the “pass-through” fees imposed by Town Code § 30-138. The Town is prohibited from requiring as a condition of this license either the use of the cable to be installed for Loudoun County Government or the installation of additional cable for the Town’s benefit. As a result of the interplay between Virginia Code and incorporated provisions of federal law, interpreted by the Federal Communications Commission, the Town is not able to require in-kind services or physical assets as a condition of consent to the use of the Town’s rights-of-way, or in lieu of the Public Rights-of- Way Use Fee. The proposed License Agreement is necessary to allow Lumos Networks, Inc to continue to install, maintain and operate its facilities in their existing and previously approved locations following the expiration of the original license agreement. Proposed Legislation: RESOLUTION Authorizing Renewal of a License Agreement between the Town of Leesburg and Lumos Networks, Inc. for Telecommunications Facilities within Town Rights-of-Way Draft Motions: 1. I move to approve the proposed resolution 2. I move to deny the proposed resolution OR 3. I move an alternate motion. Attachments: 1. Draft Resolution 2. Proposed License Agreement between the Town of Leesburg and Lumos Networks, Inc. 3. Exhibit A (“Route Map”) 4. License Agreement between the Town of Leesburg and Lumos Networks, Inc. dated November 17, 2017 (with four previous Amendments) 2022/03 175 Item a. PRESENTED: November 15, 2022 RESOLUTION NO. 2022- ADOPTED: ________________ A RESOLUTION : AUTHORIZING RENEWAL OF A LICENSE AGREEMENT BETWEEN THE TOWN OF LEESBURG AND LUMOS NETWORKS, INC. FOR TELECOMMUNICATIONS FACILITIES WITHIN TOWN RIGHTS-OF-WAY WHEREAS, a license agreement is necessary to allow the operation and maintenance of telecommunications facilities within the Town’s rights-of-way; and WHEREAS, the Town has previously entered into a License Agreement with Lumos Networks, Inc., dated November 17, 2017, and set to expire on November 16, 2022, permitting the use of certain defined areas of the Town’s rights-of-way for the installation, operation, and maintenance of telecommunications facilities, for a term of five (5) years; and WHEREAS, Lumos Networks, Inc. seeks to renew the current license; and WHEREAS, a License Agreement is necessary to allow Lumos Networks, Inc. to continue to install, operate and maintain its telecommunications facilities in their existing and previously approved locations; and WHEREAS, the Town Attorney’s Office and counsel for Lumos Networks, Inc. have prepared an appropriate renewal License Agreement; and WHEREAS, the proposed License Agreement includes an acknowledgement by Lumos Networks, Inc. that the primary use of the Town’s rights-of-way is for street purposes, and that the construction and operation of the telecommunications facilities shall not adversely affect such property’s primary use for street purposes; and WHEREAS, a license agreement will protect the Town’s interests by requiring safe practices, insurance, and indemnification by Lumos Networks, Inc.; and 176 Item a. A RESOLUTION: AUTHORIZING RENEWAL OF A LICENSE AGREEMENT BETWEEN THE TOWN OF LEESBURG AND LUMOS NETWORKS, INC. FOR TELECOMMUNICATIONS FACILITIES WITHIN TOWN RIGHTS-OF-WAY -2- WHEREAS, the term of the proposed License Agreement will be five (5) years; and WHEREAS, the terms of the proposed License Agreement are reasonable and equitable. THEREFORE, RESOLVED, by the Council of the Town of Leesburg in Virginia that the Town Manager is authorized to execute a License Agreement with Lumos Networks, Inc. in a form approved by the Town Attorney. PASSED this 15th day of November 2022. ______________________________ Kelly Burk, Mayor Town of Leesburg ATTEST: ______________________________ Clerk of Council 177 Item a. 1 RENEWAL OF LICENSE AGREEMENT FOR TELECOMMUNICATIONS FACILITIES THIS LICENSE AGREEMENT (“Agreement”), made and entered into this 17th day of November, 2022, by and between LUMOS NETWORKS, INC. (the “Provider”), a Virginia corporation having a place of business at 524 West Broad Street, Waynesboro, VA 22980, and the TOWN OF LEESBURG, VIRGINIA, a municipal corporation (“Town”), (the Provider and the Town each a “Party” and collectively the “Parties”). WITNESSETH WHEREAS, the Town has previously entered into a License Agreement dated November 17, 2017 (together with amendments dated November 20, 2019, February 17, 2021, January 21, 2022, and October 25, 2022, the “Original License”), which authorized the Provider to use certain Town Rights-of-Way and publicly owned property for telecommunications purposes and to install, operate and maintain a fiber optic cable system (the “Existing Facilities”) that use the public streets within the Town to a certain extent and under certain terms and conditions, all as set forth in the Original License and Exhibit A (Route Map) thereto; and WHEREAS, the Provider has requested that the Town authorize the Provider to continue to use such Town Rights-of-Way and publicly owned property for telecommunications purposes, and to operate and maintain its Existing Facilities in their current locations; and WHEREAS, the general location and description of all of the telecommunications facilities to be installed, operated and maintained within the Town’s Rights-of-Way shall be in accordance with certain drawings approved by the Town and attached hereto as Exhibit A (the “Route Map”); and WHEREAS, the Provider acknowledges that the primary use of the Town’s Rights-of-Way is for street purposes and that the installation, operation and maintenance of the Facilities shall not adversely affect such property’s primary use for street purposes; and WHEREAS, the Town is willing to allow the Provider to use certain Town Rights-of-Way and public owned property subject to the terms and conditions set forth herein. NOW, THEREFORE, the Town and Provider, for and in consideration of the mutual promises and covenants hereinafter contained, hereby agree and the Town hereby grants unto the Provider for the term and upon the conditions, covenants and agreements hereinafter set forth, permission to use the subject Rights-of-Way for the purpose of installing, operating, and maintaining the Facilities. A. Conditions. The Facilities shall be, at all times, maintained, operated and repaired by the Provider as provided herein in a safe manner satisfactory to the Town. 178 Item a. 2 The rights and privileges herein granted to the Provider shall be subject to the rights or interests held by others, if any, in and to the subject Rights-of-Way as of the date of this Agreement. The Town makes no representations or warranties, express or implied, concerning the extent of such rights held by others and shall have no responsibility for conflicts with others as a result of this Agreement. The Town makes no warranties with respect to the subject Rights-of- Way but gives the Provider permission to use such rights as are herein provided. B. Term/Termination. Unless terminated in accordance with the provisions herein, the term of the Agreement shall be five (5) years from the date hereof. If the Parties do not enter into a new agreement, the Provider shall commence activities to remove its Facilities within thirty (30) days after expiration of the Agreement at its own cost and complete removal of its Facilities within one- hundred twenty (120) days after expiration of the Agreement. If the Provider fails to remove its Facilities within such 120 days, the Town may undertake such removal and submit an invoice to the Provider for removal completed by the Town. Said invoice shall be due and payable by the Provider within ninety (90) days of the Provider’s receipt of said invoice. Notwithstanding the foregoing, the Parties may agree to allow the Provider to abandon some or all of the Facilities to a third party or to the Town without being required to remove such Facilities. Should the Provider abandon or remove the Facilities without an intention to resume use thereof for a six (6) month period of time, this Agreement shall terminate forthwith at the election of the Town. If the Provider fails to remove its Facilities, the Town may undertake such removal and submit an invoice to the Provider for removal completed by the Town. Said invoice shall be due and payable by the Provider within ninety (90) days of the Provider’s receipt of said invoice. The Town may unilaterally terminate the Agreement upon one hundred twenty (120) days’ notice in the event the Town determines, in the exercise of its reasonable good faith judgment, that the maintenance and/or operation of the Facilities and the continuation of the license granted herein shall adversely affect the health, safety, and welfare of the Town. In such an event, the Town agrees to cooperate with the Provider to attempt to find other suitable space in the public Rights- of-Way of the Town for placement of the Facilities. The Provider agrees in such cases to relocate its Facilities at its own expense unless otherwise provided by applicable law of the Commonwealth of Virginia and/or by an ordinance of the Town. Termination of this Agreement shall not relieve or release the Provider or the Town from any liability or obligation, which may have been incurred or assumed by the Provider or the Town hereunder prior to termination. C. Right-of-Way Application and Permit. The Provider shall pay the Town a Right-of- Way Permit Application fee at the time it files its plans with the Town. The Right-of-Way Permit Application fee paid pursuant to Sec. 30-2 of the Town Code shall be in addition to the other fees required hereunder. Additionally, prior to the commencement of any construction, the Provider, if required by the Town, shall deposit with the Town an irrevocable, unconditional letter of credit and/or surety bond equal to 10% of the anticipated construction costs of the Provider’s facilities in the Rights-of-Way or public owned property or such other amount determined by the Town. Upon completion of construction, and thereafter until the Provider’s facilities have been removed from the Rights-of-Way or public owned property, and for one hundred twenty (120) days thereafter, 179 Item a. 3 (unless the Town notifies the Provider that a reasonably longer period shall apply), Provider shall deposit with the Town and maintain an irrevocable, unconditional letter of credit or a bond in an amount reasonably determined by the Town. The construction bond and removal bond shall serve as security for: 1. The faithful performance by the Provider of all terms, conditions and obligations imposed under this Agreement, including the restoration of the Right-of-Way or public owned property; 2. Any expenditure, damage, or loss incurred by the Town occasioned by the Provider’s breach of this Agreement or its failure to comply with all rules, regulations, orders, permits and other directives of the Town; 3. Payment of all compensation due to the Town, including Permit and Application Fees; 4. The payment of premiums for the liability insurance required pursuant to this Agreement. D. Public Right-of-Way Use Fee. The Provider shall pay to the Town the right-of-way use fee in accordance with Section 56-468.1 of the Code of Virginia. E. Construction Plans and Specifications. Construction of the Facilities shall be performed in accordance with the approved construction plans approved in connection with the Right-of-Way permit. F. Confining Construction Activity. During construction, Provider and its contractors and subcontractors shall confine all construction activity, including access and storage, within the applicable areas specified on the approved Plans. The Provider hereby agrees that the roadway and/or vehicular traffic shall not be significantly hindered or disturbed during installation, maintenance or operation of the facilities. Prior to construction or repair, other than “Routine Maintenance” as defined below or emergency maintenance activities, the Provider shall notify the Town, obtain a Right-of-Way Application and Permit, and, if necessary, proper traffic controls approved by the Town shall be installed. Except in an emergency, the Provider shall notify all residents affected by proposed work prior to the commencement of such work by: 1. Mailing written notice of the Provider’s intent to commence work in the area to each address affected by the proposed work; or 2. Hanging door placards on the doors of all affected residences and businesses at least seven (7) days prior to commencement of such work and posting additional notices in conspicuous places in the area of the proposed work as required to provide reasonable notice to affected residences and business of the proposed work. The Provider shall perform the work authorized in such Permit in accordance with all requirements of the Town Code, and any subsequent ordinances or regulations currently in force or that may be adopted by the Town in the future regarding excavation work. 180 Item a. 4 G. Excavation. Provider shall not make or begin any excavation or other subsurface activity within the subject Rights-of-Way without first obtaining a Right-of-Way Permit and information concerning the possible location of any underground facility from each and every public utility, municipal corporation, or other person having the right to bury underground facilities. H. Inspection of Construction. The construction of the Facilities is subject to the Town’s inspection at all places and all reasonable times to ensure strict compliance with the terms of this Agreement. Such inspections shall be performed in a timely manner so as not to delay the installation of the Facilities. I. Maintenance and Operation. Routine maintenance shall be defined as any work which can be accomplished utilizing mechanical equipment and/or vehicles operated from a location which is entirely behind the back of curb and in such a manner as to not encroach into the traffic lanes or disrupt traffic flow. Prior to commencement of any maintenance that is more extensive than routine maintenance, except for emergency maintenance, Provider shall submit a proposed maintenance plan and schedule to the Town for approval. The plan and schedule, at a minimum, shall provide a description of work to be performed, a description of equipment, vehicles, work techniques and methods to be used in connection with the maintenance or operation activity, a schedule of when maintenance or operation work will occur with an estimate as to the length of time required to perform the work, and such other information as the Town may need to order to evaluate the proposed maintenance or operation activity. For emergency maintenance, Provider shall notify the Town immediately and coordinate its activities with the Town to the extent reasonably possible under the emergency circumstances. Provider shall confine all such extensive maintenance and operation activities, including access and storage, within the applicable areas specified in the approved maintenance and operation plans. J. Restoration. Provider shall, as soon as practicable after the completion of any extensive maintenance activities, restore all areas disturbed during such activities. These areas shall be restored in kind to a condition substantially the same as that which existed prior to Provider performing such maintenance activities, and shall be restored to the reasonable satisfaction of the Town. K. General Responsibilities of Provider. 1. Compliance with Applicable Laws and Regulations. Provider shall construct, operate, and maintain its Facilities and improvements to those Facilities in accordance with all applicable federal, state, county and Town laws, orders, rules and regulations existing on the date of this Agreement or enacted thereafter, affecting the installation, maintenance and use of the Facilities, including any necessary Federal Aviation Administration (“FAA”) approval for land located within the Town’s airport, if applicable. 181 Item a. 5 2. Indemnification. Provider agrees to indemnify and hold the Town, its officers, agents, and employees, harmless from and against all claims, losses, expenses, or suits for injuries, death, or damages to real and/or tangible personal property caused by the acts or omissions of Provider, its officers, agent or employees, including the cost of actual reasonable attorney’s fees and other costs. Notwithstanding the provisions of this clause, Provider shall not be liable for nor shall it indemnify the Town for property damage or personal injuries caused by the acts of any third parties over which the Provider has no control, or acts of the Town, its authorized officers, agents, and employees. The Town shall not be liable for damage to the Facilities caused by future road improvements except where the damage to the Facilities is caused by the negligence, gross negligence, or willful misconduct of the Town. 3. Disclaimer of Consequential Damages. Notwithstanding any other provision of this Agreement, in no event shall either party be liable for consequential, incidental, punitive, exemplary, or similar damages under this Agreement. 4. Relocation of Facilities. Whenever the Town shall determine that it is necessary in connection with the repair, relocation, or improvement of the public Rights-of-Way, the Town may require by written notification that any properties or facilities of the Provider be removed or relocated. This provision also shall apply to instances where Provider has not obtained necessary FAA approval. Within sixty (60) days after receipt of notification, unless the Town extends such period for good cause shown, the Provider shall remove or relocate its facilities to such place and under such terms and conditions as specified by the Town. The Provider shall bear all costs and expenses associated with the removal and relocation of its Facilities except that the Town will issue, without charge to the Provider, whatever local permits are required for the relocation of the Provider’s Facilities. If the Provider does not complete its removal or relocation within sixty (60) days or such other period as authorized by the Town, the Town may take such actions as necessary to effect such removal or relocation at the Provider’s expense. Further, the Provider will be responsible for any additional costs and expenses incurred by the Town as a result of the Provider’s failure to remove or relocate its Facilities as required herein. 5. Title VI Compliance. (a) Provider, for itself and its successors in interest, and assigns, as a part of the consideration hereof, does hereby covenant and agree that (1) no person on the ground of race, color, or national origin, will be excluded from participation in, denied the benefits of, or be otherwise subjected to discrimination in the use of said Facilities, (2) that in the construction of any improvements on, over, or under the Town rights of way, and the furnishing of services thereon, no person on the ground of race, color, or national origin, will be excluded from participation in, denied the benefits of, or otherwise be subjected to discrimination, (3) that the Provider will use the premises in compliance with all other requirements imposed by or pursuant to the following federal laws and regulations: Title VI of the Civil Rights Act of 1964 (42 U.S.C. § 2000d et seq., 78 stat. 252); 49 C.F.R. Part 21 (entitled Nondiscrimination In Federally-Assisted Programs Of The Department Of Transportation – Effectuation of Title VI Of The Civil 182 Item a. 6 Rights Act Of 1964); and 28 C.F.R. section 50.3 (U.S. Department of Justice Guidelines for Enforcement of Title VI of the Civil Rights Act of 1964). (b) In the event of breach of any of the above Nondiscrimination covenants, the Town will have the right to terminate the license granted herein. L. Insurance. Provider shall maintain general liability insurance in the amount of Two Million Dollars ($2,000,000) and shall provide to the Town simultaneously with the execution hereof, a certificate of insurance for such policy, which shall name the Town as an additional insured thereon. M. Notices. Notices under the Agreement shall be deemed to be properly served if delivered in person or in writing by certified mail, with return receipt requested, to the following addresses or such other places as the parties reasonably designate: To the Town: Director of Public Works & Capital Projects The Town of Leesburg 25 W. Market St. Leesburg, Virginia 20176 With a copy to: Town Manager Town of Leesburg 25 W. Market St. Leesburg, VA 20176 To Licensee: Chief Legal Officer Lumos Networks Inc. 11215 N. Community House Road, 10th Floor Charlotte, NC 28277 With a copy to: Morgan Brown Director, OSP Fiber Construction One Lumos Plaza Waynesboro, VA 22980 In addition to the foregoing, Provider will provide the name and contact person and an emergency telephone number for maintenance of the Facilities. As of the date this Agreement is 183 Item a. 7 executed, the Provider’s emergency contact number is 1-800-277-4105, which may be amended by Provider from time-to-time upon written notice. O. No Waiver. Nothing contained in the Agreement shall be deemed to waive the requirement of the various codes, regulations, resolutions, and statutes regarding permits, fees to be paid, or manner of construction, operation, or maintenance, including without limitation, the Town’s Right-of-Way permit requirements to work within the Right-of-Way. P. Assignment. No assignment of this Agreement or any rights hereunder shall be made without the prior written consent of the Town. However, the Town shall not unreasonably delay, condition, or refuse its consent to any such assignment by the Provider, upon written request by the Provider. Q. Entire License. This Agreement (and Exhibit A incorporated herein) embodies the entire agreement between the Town and the Provider with respect to the subject matter hereof. It is not to be modified or terminated except as provided herein or by any written agreements signed by the authorized representatives of both parties. If any provision herein is invalid it shall be considered deleted and shall not invalidate the remaining provisions. R. Amendment of Agreement; Changes to Facilities. The Provider shall not expand or extend or change the location of any portion of its Facilities without approval from the Town Transportation Engineer and a written amendment to this License signed by both Parties. S. Applicable Law. The parties agree that this Agreement will be governed by the laws of the Commonwealth of Virginia and shall be binding upon the parties and their respective-successors and/or assigns. [Signatures appear on the following page] 184 Item a. 8 IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the date and year first written above. LUMOS NETWORKS, INC. By_________________________________ BILLY SOLOMON VP, OPERATIONS SOUTHEAST Date________________________________ THE TOWN OF LEESBURG By_________________________________ Kaj Dentler Town Manager Date________________________________ APPROVED AS TO FORM __________________________ Christopher P. Spera, Town Attorney 185 Item a. EXHIBIT A 186 Item a. LICENSE AGREEMENT THIS LICENSE AGREEMENT, made and entered into this /tcjf; day of N O~tmbw" , 2017, by and between LUMOS NETWORKS, INC., (the "Provider"), having an office at 524 West Broad Street, Waynesboro, VA 22980 and the TOWN OF LEESBURG, VIRGINIA, a municipal corporation ("Town"), (the Provider and the Town being collectively referred to as the "Parties"). WITNESSETH WHEREAS, the Provider, licensed to do business in the Commonwealth of Virginia, has requested that the Town authorize the Provider to use Town Rights-of-Way and public owned property for telecommunications purposes and to install, operate and maintain a fiber optic cable system (the "Facilities") that will use the public streets within the Town to a certain extent; and WHEREAS, the general location and description of the telecommunications facilities to be installed within the Town's rights-of-way (the "Facilities") shall be in accordance with certain drawings approved by the Town and attached hereto as Exhibit A (the "Route Map") and, WHEREAS, the Provider acknowledges that the primary use of the Town's Rights-of-Way is for street purposes and that the construction and operation of the Facilities shall not adversely affect such property's primary use for street purposes; and WHEREAS, the Town is willing to allow the Provider to use certain Town Rights-of-Way and public owned property subject to the terms and conditions set forth herein. NOW, THEREFORE, the Town and Provider, for and in consideration of the mutual promises and covenants hereinafter contained, hereby agree and the Town hereby grants unto the Provider for the term and upon the conditions, covenants and agreements hereinafter set forth, permission to use the subject Rights-of-Way for the purpose of installing, operating, and maintaining the Facilities. A. Conditions. The Facilities shall be, at all times, maintained, operated and repaired by the Provider as provided herein in a safe manner satisfactory to the Town. The rights and privileges herein granted to the Provider shall be subject to the rights or interests held by others, if any, in and to the subject Rights-of-Way as of the date of this Agreement. The Town makes no representations or warranties, express or implied, concerning the extent of such rights held by others and shall have no responsibility for conflicts with others as a result of this Agreement. The Town makes no warranties with respect to the subject Rights-of way but gives the Provider permission to use such rights as are herein provided. B. Term/Termination. Unless terminated in accordance with the provisions herein, the term of the Agreement shall be five (5) years from the date hereof. If the Parties do not enter into a new Agreement, the Provider shall remove its Facilities within 30 days after expiration of the Agreement at its own cost. If the Provider fails to remove its Facilities within such 30 days, the 187 Item a. License Agreement LUMOS NETWORKS, INC. November 2, 2017 Page 2 Town may undertake such removal and submit an invoice to the Provider for removal completed by the Town. Said invoice shall be due and payable by the Provider within 90 days of the Provider's receipt of said invoice. Should the Provider abandon or remove the Facilities without an intention to resume use thereof for a six ( 6) month period of time, this Agreement shall terminate forthwith at the election of the Town. If the Provider fails to remove its Facilities, the Town may undertake such removal and submit an invoice to the Provider for removal co111pleted by the Town. Said invoice shall be due and payable by the Provider within 90 days of the Provider's receipt of said invoice. The Town may unilaterally terminate the Agreement upon one hundred twenty (120) days' notice in the event the Town determines, in the exercise of its reasonable good faith judgment, that the maintenance and/or operation of the Facilities and the continuation of such License shall adversely affect the health, safety, and welfare of the Town. In such an event, the Town agrees to cooperate with the Provider to attempt to find other suitable space in the public Rights of Way of the Town for placement of the Facilities. The Provider agrees, in such cases to relocate its Facilities at its own expense unless otherwise provided by applicable law of the Commonwealth of Virginia and/or by an ordinance of the Town. Termination of this Agreement shall not relieve or release the Provider or the Town from any liability or obligation, which may have been incurred or assumed by the Provider or the Town hereunder prior to termination. C. Right-of-Way Application and Permit. The Provider shall pay the Town a Right-of Way Permit Application fee at the time it files its plans with the Town. The Right-of Way Permit Application fee paid pursuant to Sec. 30-2 of the Town Code shall be in addition to the other fees required hereunder. Additionally, prior to the commencement of any construction, the Provider, if required by the Town, shall deposit with the Town an irrevocable, unconditional letter of credit and/or surety bond equal to 10% of the anticipated construction costs of the Provider's Facilities in the Rights-of-Way or public owned property or such other amount determined by the Town. Upon completion of construction, and thereafter until the Provider's Facilities have been removed from the Rights-of-Way or public owned property, and for one hundred twenty (120) days thereafter, (unless the Town notifies the Provider that a reasonably longer period shall apply), the Provider shall deposit with the Town and maintain an irrevocable, unconditional letter of credit or a bond in an amount determined by the Town. The construction bond and removal bond shall serve as security for: 1. The faithful performance by the Provider of all terms, conditions and obligations including the restoration of the Rights-of-Way or public owned property of this License, 2. Any expenditure, damage, or loss incurred by the Town occasioned by the Provider's breach of this License or its failure to comply with all rules, regulations, orders, permits and other directives of the Town; 3. Payment of all compensation due to the Town, including Permit and Application Fees; 188 Item a. License Agreement LUMOS NETWORKS, INC. November 2, 2017 Page 3 4. The payment of premiums for the liability insurance required pursuant to this License. D. Right-of-Way Use Fee. The Provider shall pay to the Town the right-of-way use fee in accordance with Section 56-468.1 of the Code of Virginia. E. Construction Plans and Specifications. Construction of the Facilities shall be performed in accordance with the approved construction plans approved in connection with the right-of-way permit. F. Confining Construction Activity. During construction, Provider and its contractors and subcontractors shall confine all construction activity, including access and storage, within the applicable areas specified on the approved Plans. The Provider hereby agrees that the roadway or vehicular traffic shall not be significantly hindered or disturbed during installation, maintenance or operation of the facilities. Prior to construction or repair, other than "Routine Maintenance" as defined below, the Provider shall notify the Town, obtain a Right-of-Way Application and Permit, and, if necessary, proper traffic controls approved by the Town shall be installed. Except in an emergency, the Provider shall notify all residents affected by proposed work prior to the commencement of such work by: 1. Mailing written notice of the Provider's intent to commence work in the area to each address affected by the proposed work; or 2. Hanging door placards on the doors of all affected residences and businesses at least seven (7) days prior to commencement of such work and posting additional notices in conspicuous places in the area of the proposed work as required to provide reasonable notice to affected residences and business of the proposed work. The Provider shall perform the work authorized in such Permit in accordance with all requirements of the Town Code, and any subsequent ordinances or regulations currently in force or that may be adopted by the Town regarding excavation work. G. Excavation. Provider shall not make or begin any excavation or other subsurface activity within the subject Rights-of-Way without first obtaining a Right-of-Way Permit and information concerning the possible location of any underground facility from each and every public utility, municipal corporation, or other person having the right to bury underground facilities. H. Inspection of Construction. The construction ofthe Facilities is subject to the Town's inspection at all places and all reasonable times to ensure strict compliance with the terms of this Agreement. Such inspections shall be performed in a timely manner so as not to delay the installation of the Facilities. 189 Item a. License Agreement LUMOS NETWORKS, INC. November 2, 2017 Page 4 I. Maintenance and Operation. Routine maintenance shall be defined as any work which can be accomplished utilizing mechanical equipment and/or vehicles operated from a location which is entirely behind the back of curb and in such a manner as to not encroach into the traffic lanes or disrupt traffic flow. Prior to commencement of any maintenance that is more extensive than routine maintenance, Provider shall submit a proposed maintenance plan and schedule to the Town for approval. The plan and schedule, at a minimum, shall provide a description of work to be performed, a description of equipment, vehicles, work t~chniques and methods to be used in connection with the maintenance or operation activity, a schedule of when maintenance or operation work will occur with an estimated as to the length of time required to perform the work, and such other information as the Town may need to order to evaluate the proposed maintenance or operation activity. Provider shall confine all such extensive maintenance and operation activities, including access and storage, within the applicable areas specified in the approved maintenance and operation plans. J. Restoration. Provider shall, as soon as practicable after the completion of any extensive maintenance activities, restore all areas disturbed during such activities. These areas shall be restored in kind to a condition substantially the same as that which existed prior to Provider performing such maintenance activities, and shall be restored to the reasonable satisfaction of the Town. K. General Responsibilities of Licensee. 1. Compliance with Applicable Laws and Regulations. Provider shall construct, operate, and maintain its facilities and improvements in accordance with all applicable federal, state, county and Town laws, orders, rules and regulations existing on the date of this Agreement or enacted thereafter, affecting the installation, maintenance and use of the Facilities, including any necessary Federal Aviation Administration ("FAA") approval for land located within the Town's airport, if applicable. 2. Indemnification. Provider agrees to indemnify and hold the Town, its officers, agents, and employees, harmless from 'and against all claims, losses, expenses, or suits for injuries, death, or damages to real and/or tangible personal property caused by the acts or omissions of Provider, its officers, agent or employees, including the cost of actual reasonable attorney's fees and other costs. Notwithstanding the provisions of this clause, Provider shall not be liable for nor shall it indemnify the Town for property damage or personal injuries caused by the acts of any third parties over which the Provider has no control, or acts of the Town, its authorized officers, agents, and employees. The Town shall not be liable for damage to the Facilities caused by future road improvements except where the damage to the Facilities is caused by the negligence, gross negligence, or willful misconduct of the Town. 190 Item a. License Agreement LUMOS NETWORKS, INC. November 2, 2017 Page 5 3. Disclaimer of Consequential Damages. Notwithstanding any other provision of this Agreement, in no event shall either party be liable for consequential, incidental, punitive, exemplary, or similar damages under this Agreement. 4. Relocation of Facilities. Whenever the Town shall determine that it is necessary in connection with the repair, relocation, or improvement of the public Rights-of-Way, the Town may require by written notification that any properties or facilities of the Provider be removed or relocated. This provision also shall apply to instances where Provider has not obtained necessary FAA approval. Within sixty (60) days after receipt of notification, unless the Town extends such period for good cause shown, the Provider shall remove or relocate its facilities to such place and under such terms and conditions as specified by the Town. The Provider shall bear all expenses associated with the removal and relocation except that the Town will issue, without charge to the Provider, whatever local permits are required for the relocation of the Provider's facilities. If the Provider does not complete its removal or relocation within sixty (60) days or such other period as authorized by the Town, the Town may take such actions as necessary to effect such removal or relocation at the Provider's expense. Further, the Provider will be responsible for any additional costs and expenses incurred by the Town as a result of the Provider's failure to remove or relocate its facilities in a timely manner. L. Insurance. Provider shall maintain general liability insurance in the amount of Two Million Dollars ($2,000,000) and shall provide to the Town simultaneously with the execution hereof, a certificate of insurance for such policy, which shall name the Town as an additional insured thereon. M. Notices. Notices under the Agreement shall be deemed to be properly served if delivered in person or in writing by certified mail, with return receipt requested, to the following addresses or such other places as the parties reasonably designate : To the Town: Director of Public Works & Capital Projects The Town of Leesburg 25 W. Market Street Leesburg, Virginia 20176 With a copy to: Town Manager Town of Leesburg 25 W. Market Street Leesburg, VA 20176 191 Item a. License Agreement LUMOS NETWORKS, INC. November 2, 2017 Page 6 To Licensee: Sr. Vice President, Legal & Regulatory Affairs Lumos Networks Inc. One Lumos Plaza Waynesboro, VA 22980 With a copy to: Robert Wallace Utility Relations & Special Contracts 524 W Broad Street Waynesboro, Virginia 22980 In addition to the foregoing, Provider will provide the name and contact person and an emergency telephone number for maintenance of the Facilities. N. No Waiver. Nothing contained in the Agreement shall be deemed to waive the requirement of the various codes, regulations, resolutions, and statutes regarding permits, fees to be paid, or manner of construction, operation, or maintenance, including without limitation, the Town's right-of-way permit requirements to work within the right-of-way. 0 . Assignment. No assignment of this Agreement or any rights hereunder shall be made without the prior written consent of the Town. However, the Town shall not unreasonably delay, condition, or refuse its consent to any such assignment by the Provider, upon written request by the Provider. P. Entire License. This License Agreement (and the Exhibits) embodies the entire agreement between the Town and the Provider. It is not to be modified or terminated except as provided herein or by any written agreements signed by the authorized representatives of both parties. If any provision herein is invalid it shall be considered deleted and shall not invalidate the remaining provisions. The Provider shall not expand or extend its Facilities without approval from the Town Transportation Engin~er and a written amendment to this License signed by the Town Manager and authorized agent of the Provider. Q. Applicable Law. The parties agree that this License Agreement will be governed by the laws of the Commonwealth of Virginia and shall be binding upon the parties and their respective-successors and/or assigns. [SIGNATURE PAGE TO FOLLOW] 192 Item a. License Agreement LUMOS NETWORKS, INC. November 2, 2017 Page 7 IN WITNESS WHEREOF, the parties hereto have executed this License Agreement as of the date and year first written above. LUMOS NETWORKS INC. THE TOWN OF LEESBURG .. ,. By ~ KaJ H. Dentler Town Manager Date i/{17/,l 193 Item a. Exhibit A Legend 2011 License Agreement 2014 Amendment-Inova Hospital 2017 Amendment-Summit Bank 1 mi N ➤➤ N © 2017 Google © 2017 Google © 2017 Google 194 Item a. FIRST AMENDMENT TO LICENSE AGREEMENT LUMOS NETWORKS INC. (the "Provider"), a corporation authorized to do business in the Commonwealth of Virginia and having a principal place of business at 524 West Broad Street, Waynesboro , VA 22980 and THE TOWN OF LEESBURG, VIRGINIA, a municipal corporation of the Commonwealth of Virginia ("Town"), (the Provider and the Town being collectively referred to as the "Parties " or each individually as a "Party") entered into a License Agreement on November 17 , 2017 ("License Agreement"). The Parties wish to amend the License Agreement as of this ~ay of November 2019 ("Amendment"). WHEREAS , Article P of the License Agreement requires that the Town Transportation Engineer approve extensions of the Provider's Facilities in the Town and that the Parties enter into a written amendment to the License Agreement signed by the Town Manager depicting such extensions; and WHEREAS, the Provider desires to extend its Facilities as depicted on the attached "Exhibit Al"; NOW, THEREFORE , the Provider and the Town hereby modify the provisions of the License Agreement as follows: 1. The License Agreement is hereby modified to incorporate the additional Facilities to be installed within the Town 's rights-of-way as depicted in the attached "Exhibit A I", so long as all payments due the Town under Code of Virginia § 56-468.1 have been paid to the Town. 2 . As a re sult of the additional Facilities installed in the Town 's rights-of-way as depicted on Exhibit Al , the Provider will pay additional compensation to the Town as required under Code of Virginia § 56-468.1. Except as expressly modified by this Amendment, all terms , conditions and provisions of the License Agreement shall continue in full force and effect. This First Amendment to License Agreement may be signed in two or more identical counterparts each of which will be deemed to be an original and all of which together will constitute one and the same instrument. Capitalized terms used herein shall , unless a specific meaning is stated herein, have the respective meanings ascribed to them in the License Agreement. Signatures on Following Page] 195 Item a. I N W I T N E S S W H E R E O F t h e p a r t i e s h a v e c a u s e d t h i s F i r s t A m e n d m e n t t o t h e 196 Item a. SECOND AMENDMENT TO LICENSE AGREEMENT C i,-]'~!s Second Amendment to License Agreement is made and entered into this LiJtay of 1LV'f lltl(,~ , 2021, by and between LUMOS NETWORKS INC. (the "Provider"), a Virginia sto~orporation having a place of business at 524 West Broad Street, Waynesboro, VA 22980 and THE TOWN OF LEESBURG, VIRGINIA, a municipal corporation of the Commonwealth of Virginia ("Town"), (the Provider and the Town being collectively referred to as the "Parties" or each individually as a "Party"). WHEREAS, the Parties entered into a License Agreement on November 17, 2017 ("License Agreement") and a First Amendment to License Agreement on November 20, 2019 (the "First Amendment"); and WHEREAS, the Provider desires to extend its Facilities as depicted on "Exhibit A2" attached hereto; and WHEREAS, Article P of the License Agreement requires that the Town Transportation Engineer approve extensions of the Provider's Facilities within the Town and that the Parties enter into a written amendment to the License Agreement signed by the Town Manager depicting such extensions; and WHEREAS, the Parties now wish to further amend the License Agreement by entering into this Second Amendment to License Agreement ("Second Amendment") to permit the extension of Provider's Facilities on the terms set forth h~rein. NOW, THEREFORE, the Provider and the Town hereby modify the provisions of the License Agreement as follows: 1. ·The License Agreement is hereby modified to incorporate the additional Facilities to be installed within the Town's rights-of-way as depicted in the attached "Exhibit A2," so long as all payments due the Town under Code of Virginia§ 56-468.l have been paid to the Town. 2. As a result of the additional Facilities installed in the Town's rights-of-way as depicted on Exhibit A2, the Provider will pay additional compensation to the Town as required under Code of Virginia§ 56-468.1. Except as expressly modified by this Second Amendment, all terms, conditions and provisions of the License Agreement (as modified by the First Amendment) shall continue in full force and effect. This Second Amendment to License Agreement may be signed in two or more identical counterparts each of which will be deemed to be an original and all of which together will constitute one and the same instrument. 1 197 Item a. Capitalized terms used herein shall, unless a specific meaning is stated herein, have the respective meanings ascribed to them in the License Agreement. [Signatures on Following Page] 2 198 Item a. IN WITNESS WHEREOF the parties have caused this Second Amendment to the License Agreement be executed as of the day and year first above written. PROVIDER: Lumas Networks Inc. 3 TOWN: THE TOWN OF LEESBURG, VIRGINIA, a municipal corporation of the Commonwealth Name: Kaj Dentler Title: Town Manager APPROVED AS TO FORM: 199 Item a. THIRD AMENDMENT TO LICENSE AGREEMENT s Third Amendment toJt;i£i~se Agreement is made and entered into this ~) ~ day of o...,,p......,.__.~~1---' J.02"f, ~y and between LUMOS NETWORKS INC. (the "Provider"), a Virginia sto k corporation having a place ofbusiness at 524 West Broad Street, Waynesboro , VA 22980 and THE TOWN OF LEESBURG , VIRGINIA, a municipal corporation of the Commonwealth of Virginia ("Town"), (the Provider and the Town being collectively referred to as the "Parties" or each individually as a "Party"). WHEREAS , the Parties entered into a License Agreement on November 17 , 2017 ("License Agreement"), a First Amendment to License Agreement on November 20 , 2019 (the "First Amendment"), and a Second Amendment to License Agreement on February 17 , 2021; and WHEREAS , the Provider desires to extend its Facilities as depicted on "Exhibit A3" attached hereto; and WHEREAS , Article P ofthe License Agreement requires that the Town Transportation Engineer approve extensions of the Provider's Facilities within the Town and that the Parties enter into a written amendment to the License Agreement signed by the Town Manager depicting such extensions; and WHEREAS , the Parties now wish to further amend the License Agreement by entering into this Third Amendment to License Agreement ("Third Amendment") to permit the extension of Provider's Facilities on the terms set forth herein. NOW, THEREFORE, the Provider and the Town hereby modify the provisions of the License Agreement as follows: 1. The License Agreement is hereby modified to incorporate the additional Facilities to be installed within the Town's rights-of-way as depicted in the attached "Exhibit A3," so long as all payments due the Town under Code ofVirginia § 56-468.l have been paid to the Town. 2 . As a result ofthe additional Facilities installed in the Town's rights-of-way as depicted on Exhibit A3, the Provider will pay additional compensation to the Town as required under Code ofVirginia§ 56-468 .1. Except as expressly modified by this Third Amendment, all terms, conditions and provisions of the License Agreement (as modified by the First Amendment and Second Amendment) shall continue in full force and effect. This Third Amendment to License Agreement may be signed in two or more identical counterparts each ofwhich will be deemed to be an original and all ofwhich together will constitute one and the same instrument. Capitalized terms used herein shall , unless a specific meaning is stated herein, have the respective meanings ascribed to them in the License Agreement. Signatur es on Following Page} Page 1of4 200 Item a. IN WITNESS WHEREOF , the parties have caused this Third Amendment to the License Agreement to be executed as ofthe day and year first above written. PROVIDER: Lumas Networks Inc. h6M-Dl.UW-8>£- By: ___________ _ Name: Robin Dunson Title: Chief Legal Officer TOWN : THE TOWN OF LEESBURG, VIRGINIA a municipal corporation ofthe mmo;~a Name: Kaj H. Dentler Title: Town Manager APPROVED AS TO FORM: Christopher P. S Page 2 of 4 201 Item a. FOURTH AMENDMENT TO LICENSE AGREEMENT ,1i:'h This Fourth Amendment to License Agreement is made and entered into this ~day of October, 2022, by and between LUM OS NETWORKS INC. (the "Provider"), a Virginia corporation having a place of business at 524 West Broad Street, Waynesboro, VA 22980 and THE TOWN OF LEESBURG, VIRGINIA, a municipal corporation of the Commonwealth of Virginia ("Town"), (the Provider and the Town being collectively referred to as the "Parties" or each individually as a "Party"). WHEREAS, the Parties entered into a License Agreement on November 17, 2017 ("License Agreement"), a First Amendment to License Agreement on November 20, 20 I 9 (the "First Amendment"), a Second Amendment to License Agreement on February 17, 2021 (the "Second Amendment"); and a Third Amendment to License Agreement on January 21, 2022 (the "Third Amendment"); and WHEREAS, the Provider desires to extend its Facilities as depicted on "Exhibit A-4" attached hereto; and WHEREAS, Article P of the License Agreement requires that the Town Transportation Engineer approve extensions of the Provider's Facilities within the Town and that the Parties enter into a written amendment to the License Agreement signed by the Town Manager depicting such extensions; and WHEREAS, the Parties now wish to further amend the License Agreement by entering into this Fourth Amendment to License Agreement ("Fourth Amendment") to permit the extension of Provider's Facilities on the terms set forth herein. NOW, THEREFORE, the Provider and the Town hereby modify the provisions of the License Agreement as follows: I. The License Agreement is hereby modified to incorporate the additional Facilities to be installed within the Town's rights-of-way as depicted in the attached "Exhibit A-4," so long as all payments due the Town under Code of Virginia§ 56-468.l have been paid to the Town. 2. As a result of the additional Facilities installed in the Town's rights-of-way as depicted on Exhibit A-4, the Provider will pay additional compensation to the Town as required under Code of Virginia§ 56-468.1 . Except as expressly modified by this Fourth Amendment, all terms, conditions and provisions of the License Agreement (as modified by the First Amendment, Second Amendment, and Third Amendment) shall continue in full force and effect. This Fourth Amendment to License Agreement may be signed in two or more identical counterparts each of which will be deemed to be an original and all of which together will constitute one and the same instrument. Capitalized terms used herein shall, unless a specific meaning is stated herein, have the respective meanings ascribed to them in the License Agreement. 202 Item a. IN WITNESS WHEREOF, the parties have caused this Fourth Amendment to the License Agreement to be executed as of the day and year first above written. PROVIDER: Lumos Networks Inc. Name: Billy Solomon Title: VP, Operations Southeast TOWN: THE TOWN OF LEESBURG, VIRGINIA a municipal corporation of the Commonwealth of Virginia By:_f9_· ~--- Name: Kaj H. Dentler Title: Town Manager APPROVED AS TO FORM: 203 Item a. COUNCIL ACTIONS CALENDAR Tentative/Subject to Change MeetingDate MeetingType Name SubmittedBy 11/14/2022 Town Council Work Session CLOSED SESSION: Joint Land Management Area (JLMA)Boeing, Eileen DISCUSSION: Tourism and Technology Zones (P)Seymour, Russell DISCUSSION: Battlefield Parkway / Route 15 Bypass Interchange - Design Alternatives Evaluation and Selection (P)Southerland, Danielle DISCUSSION: Tents and Shade Structures in Historic District (P)Cicalese, Karen INFORMATION MEMO- Quarterly Parking Update Schellhase, Holland INFORMATION MEMO: Parks and Recreation Advisory Commission Annual Report Eagle, Tabitha 11/15/2022 Town Council Meeting CONSENT: Appointment to the Board of Architectural Review (Council Member Cummings) (NP)Boeing, Eileen CONSENT: Appointment to the Commission on Public Art (Council Member Cummings)Boeing, Eileen CONSENT: Award Contract for Odor & Grease Elimination Services (NP)Wyks, Amy CONSENT: Award Contract for Pool Chemical Supplies Eagle, Tabitha CONSENT: Award Contract for Water Pollution Control Facility Structures Rehabilitation (NP)Wyks, Amy CONSENT: Executing a Fueling Contract with GPM Investments, LLC (NP)Southerland, Danielle MOTION: Bob Wright Kiwanis Halloween Parade Alvarez, Corina MOTION: Proclamation RJ's Deli 35th Anniversary Alvarez, Corina MOTION: Rescinding Resolution 2022-123 - Funding for Black History Mural Exhibit Belote, Tara PROCLAMATION: Small Business Saturday Turney, Elaine PROCLAMATION: Battery Warehouse 30th Anniversary Alvarez, Corina PROCLAMATION: Boy Scouts Troop 982 Celebrating 40 Years Berrios, Sandra PROCLAMATION: Diabetes Awareness Month Belote, Tara PROCLAMATION: National Veterans and Military Families Month Belote, Tara PUBLIC HEARING: Lumos Networks Inc. - ROW License Agreement Renewal (NP)Southerland, Danielle RESOLUTION: Battlefield Parkway / Route 15 Bypass Interchange - Design Alternatives Evaluation and Selection (P)Boeing, Eileen RESOLUTION: Council Recommendation for Appointment to the BZA (NP) - 5-Year Appt Boeing, Eileen RESOLUTION: Tourism and Technology Zones (P)Boeing, Eileen RESOLUTION: 2023 Town Calendar and Images (COPA)Kosin, Leah RESOLUTION: Initiation of Year End Zoning Ordinance Batch Amendments (P)Cicalese, Karen RESOLUTION: Supplemental Appropriation for Compass Creek Annexation (P)Smith, Carmen RESOLUTION: Tents and Shade Structures in Historic District (P)Boeing, Eileen 11/9/20222:17 PM 204 Item a. COUNCIL ACTIONS CALENDAR Tentative/Subject to Change MeetingDate MeetingType Name SubmittedBy 11/28/2022 Town Council Work Session DISCUSSION: Hybrid Electric Fleet Vehicles (P)Southerland, Danielle DISCUSSION: Recycling Program (P)Southerland, Danielle DISCUSSION: Town Employee Bonus (NP)Didawick, Josh DISCUSSION: Town Shop Mural (P)Kosin, Leah INFORMATION MEMO- Quarterly Budget Update Schellhase, Holland INFORMATION MEMO: Monthly Board and Commission Report - Activity and Attendance Boeing, Eileen INFORMATION MEMO: Visit Loudoun Monthly Report Turney, Elaine 11/29/2022 Town Council Meeting CLOSED SESSION: Town Attorney's Performance Review Belote, Tara CLOSED SESSION: Town Manager’s Performance Review Belote, Tara CONSENT: Appointment to the Commission on Public Art (Council Member Fox) (NP) - Tentative Boeing, Eileen CONSENT: Appointment to the Diversity Commission (Council Member Fox) (NP) - Tentative Boeing, Eileen CONSENT: Appointment to the Diversity Commission (Council Member Nacy) (NP) - Tentative Boeing, Eileen CONSENT: Appointment to the Environmental Advisory Commission (Council Member Steinberg) (NP) - Tentative Boeing, Eileen CONSENT: Appointment to the Planning Commission (Council Member Nacy) (NP) - Tentative Boeing, Eileen CONSENT: Appointment to the Planning Commission (Council Member Steinberg) (NP) - Tent.Boeing, Eileen CONSENT: Northern Virginia Transportation Authority Six-Year Program Fiscal Years 2023-2028 (NP)Southerland, Danielle CONSENT: Supplemental Appropriation and Contract Award for Phone System Migration Carlson, Annie ORDINANCE: Appointment to the Board of Architectural Review (Council) (NP) - Tentative Boeing, Eileen PROCLAMATION: Bob Wright Kiwanis Halloween Parade (Sponsor: Mayor Burk)Alvarez, Corina PROCLAMATION: RJ Deli 35th Anniversary (Sponsor: CM Fox)Alvarez, Corina PUBLIC HEARING TLSE-2022-0007 Old Mill Veterinary Hospital Expansion Murphy, Christopher PUBLIC HEARING: TLOA-2021-0012 Homestay Regulations (P)Cicalese, Karen PUBLIC HEARING: TLOA-2022-0002 Accessory Dwellings (P)Cicalese, Karen RESOLUTION: Public Art Guidelines – Proposed Revisions (P)Smith, Carmen RESOLUTION: Town Council Meeting Calendar for Year 2023 Boeing, Eileen RESOLUTION: Town Shop Mural (P) Tentative Kosin, Leah 11/9/20222:17 PM 205 Item a. COUNCIL ACTIONS CALENDAR Tentative/Subject to Change MeetingDate MeetingType Name SubmittedBy 12/12/2022 Town Council Work Session DISCUSSION: Outdoor Performance Stage/Space at Ida Lee Park (P)Eagle, Tabitha DISCUSSION: Downtown Speed Limit Study and Recommendation (P)Southerland, Danielle INFORMATION MEMO: 2022 Economic Development Commission Annual Report Turney, Elaine INFORMATION MEMO: Monthly Board and Commission Report - Activity and Attendance Boeing, Eileen INFORMATION MEMO: 2022 Diversity Commission Annual Report Rodriguez, Kara INFORMATION MEMO: Quarterly Progress Report on Council Retreat Workplan Items Belote, Tara INFORMATION MEMO: Residential Traffic Commission Annual Report 2022 (NP)Southerland, Danielle INFORMATION MEMO: Visit Loudoun Monthly Report Turney, Elaine 12/13/2022 Town Council Meeting CONSENT: Northern Virginia Regional Hazard Mitigation Plan Dame, Joe MOTION: Town Attorney's Compensation - Performance Review Belote, Tara MOTION: Town Manager’s Compensation – Performance Review Belote, Tara PRESENTATIONS: Trophy Presentation for Best Float in the Holiday Parade Boeing, Eileen PRESENTATIONS: Annual Comprehensive Financial Report - FY22 Starkey, Diane PUBLIC HEARING: TLZM-2021-0002 and TLSE-2021-0002 Meadowbrook Neighborhood Center (P)Cicalese, Karen PUBLIC HEARING: Town Code Amendments Smith, Carmen RESOLUTION: Council Recommendation for Vacancy Appointment to the BZA (Term Exp. 2023) - Tent Boeing, Eileen RESOLUTION: Approval of December 23, 2022 as a Town Holiday Belote, Tara 11/9/20222:17 PM 206 Item a. COUNCIL ACTIONS CALENDAR Tentative/Subject to Change MeetingDate MeetingType Name SubmittedBy 01/09/2023 Town Council Work Session DISCUSSION: Main Street (P)Turney, Elaine DISCUSSION: Town Facility Security Enhancements (P)Belote, Tara 01/10/2023 Town Council Meeting CONSENT: Requesting the Virginia Department of Transportation to Accept Certain Streets (NP)Southerland, Danielle MOTION: Appointment of Vice Mayor Boeing, Eileen RESOLUTION: Making Councilmanic Appointments Boeing, Eileen RESOLUTION: Title VI Policy Schellhase, Holland 01/23/2023 Town Council Work Session DISCUSSION: Green Infrastructure (P)Southerland, Danielle DISCUSSION: Legacy Leesburg Annual Report (Placeholder) (P)Cicalese, Karen DISCUSSION: Liberty Lot - Remediation Study (P)Belote, Tara PRESENTATION: Financial Report by Davenport Schellhase, Holland 01/24/2023 Town Council Meeting CONSENT: Contract Award for Asset Management Plan for Utilities (NP)McClaughry, Lesley RESOLUTION: Award of Contract - Development of Capital Intensity Factors Consulting Services Arnett, Betsy RESOLUTION: Award of Contract - Zoning Ordinance Rewrite Consulting Services Arnett, Betsy 02/13/2023 Town Council Work Session DISCUSSION: Reevaluation of Donation Boxes (P)Cicalese, Karen 02/14/2023 Town Council Meeting PRESENTATION: Proposed FY 2024 Budget Schellhase, Holland RESOLUTION: Adopting the Fiscal Year 2024 Budget Review and Schedule Schellhase, Holland RESOLUTION: Traffic Study Areas - Award of Contract (P)Southerland, Danielle 02/27/2023 Town Council Work Session DISCUSSION: Key Enhancements and Capital Projects Schellhase, Holland INFORMATION MEMO: Utilities Semi Annual Plant Update McClaughry, Lesley 02/28/2023 Town Council Meeting RESOLUTION: Approval for Phase I Compass Creek Extension of Services (P)Wyks, Amy 03/13/2023 Town Council Work Session DISCUSSION: Re-evaluate Private Property Mural Guidelines Kosin, Leah DISCUSSION: Utilities, Boards & Commissions, Initial Mark-Up of FY 2024 Budget Schellhase, Holland 03/14/2023 Town Council Meeting PUBLIC HEARING: FY 2024 Proposed Budget Public Hearing (P)Schellhase, Holland PUBLIC HEARING: FY 2024 Budget Schellhase, Holland 03/27/2023 Town Council Work Session DISCUSSION: Final Mark-Up of FY 2024 Budget Schellhase, Holland 03/28/2023 Town Council Meeting PUBLIC HEARING: Final Mark-Up of FY 2024 Budget Schellhase, Holland RESOLUTION: Adoption of Taxes and Fees and Fiscal Year 2024 Budget Schellhase, Holland 05/08/2023 Town Council Work Session INFORMATION MEMO: Status Report on Effectiveness of Clutter Ordinance Cicalese, Karen 11/9/20222:18 PM 207 Item a.