Lewisville Town Council Regular Meeting Agenda October 12, :30 p.m. Town Hall Shallowford Road - Room 110

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1 Lewisville Town Council Regular Meeting Agenda October 12, :30 p.m. Town Hall Shallowford Road - Room Call to Order a. Invocation: Bowen Houff b. Pledge of Allegiance: Ken Sadler c. Roll Call d. Adoption of Agenda 2. Consent Agenda a. Consent Items for Approval i. Resolution Acceptance and Approval of Monthly Financials for August, 2017 ii. Approval of Council Briefing and Action Minutes -Septe;mber 7, 2017 iii. Approval of Council Meeting Minutes - September 14, 2017 iv. Resolution accepting the removal of Matt Warlick from the Lewisville Beautification Committee 3. Introductions, Presentations, Recognitions and/or Proclamations a. Fire Chief Darin Needham b. Lewisville Historical Society - Nissen House Project c. Staff presentation 4. Public Forum a. Citizens should register with the Town Clerk and limit their comments to three (3) minutes. b. Written comment forms are also available. 5. Public Hearings a. None 6. New Business a. Ordinance accepting approved ordinances into the Lewisville Town Code b. Resolution accepting the amended Traffic Mediation Policy c. Ordinance an ordinance to consider changing the time on alcohol sales from 12 noon on Sunday to 10:00 am on Sunday as provided by Session Law d. Request for annexation of property along Glad Acres Drive i. Certificate of Sufficiency and supporting information ii. Resolution fixing the date of public hearing for November 9, 2017 on iii. the question of annexation pursuant to G. S. 160A-31 for 5940 Glad Acres Drive Ordinance amending Budget Ordinance in the amount of $1, to place the required legal advertising in association with the Glad Acres Annexation request e. Resolution awarding contract to Yadkin Valley Paving in the amount of $213, for full depth patch and/or single surface treatment of various roads: Pineola Lane, Nix Drive, Marshall Road (from Twilight Court to Wellesley Place Drive and an area at the intersection of Marshall Road and Pineola Lane), Spainhour Farm Road, Sunset Ridge Drive and Hilary Court Page 1 of 2

2 Lewisville Town Council Regular Meeting Agenda October 12, :30 p.m. Town Hall Shallowford Road - Room Unfinished Business a. None 8. Administrative Reports a. Upcoming Events at Shallowford Square and Town Holidays b. The Lewisville Civic Club will hold its Candidates Forum on Wednesday, October 18, 2017 at 6:30 pm at the G. Galloway Reynolds Community Center, 131 Lucy Lane for interested citizens. c. There is one seat available for the Planning Board and two seats for the Utility Committee. Applications are available from the Town s web site and are due no later than October 27 th. d. Election Day - Tuesday, November 7, Polls open at 6:30 am and close at 7:30 pm. Direct any questions to the Forsyth County Board of Elections. e. Approvals at the Briefing and Action Meeting on October 5, 2017 i. Ordinance amending Budget Ordinance in the amount of $2, to pay for a 1-year subscription for web streaming services from Leightronix to stream the Council meetings ii. Resolution directing the Clerk to investigate an annexation petition received under G. S. 160A-31 for Glad Acres 9. For the Good of the Order: a. Public Comments i. Citizens should limit their comments to three (3) minutes. ii. Written comment forms are also available. b. Council Comments c. Adjournment Page 2 of 2

3 RESOLUTION OF THE LEWISVILLE TOWN COUNCIL PERTAINING TO ACCEPTANCE AND APPROVAL OF MONTHLY DISBURSEMENTS WHEREAS, the Finance Officer has presented the Town Council with the preliminary Revenue Statement Summary and the Encumbrances and Expenditure Statement Summary of figures for the month ending August 31, 2017; and WHEREAS, the Finance Officer did not report any unusual expenditures. NOW, THEREFORE, BE IT RESOLVED THAT THE LEWISVILLE TOWN COUNCIL accepts the preliminary monthly Revenue Statement Summary and the Encumbrances and Expenditure Statement Summary dated October 4, 2017 and incorporated herein. Resolved and effective upon adoption, this the 12 th Day of October, 2017 by the Lewisville Town Council. Mike Horn, Mayor ATTEST: Joyce C. McWilliams Walker Town Clerk 1

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8 DRAFT Lewisville Town Council Briefing and Action Meeting Minutes September 7, :00 p.m. Conference Room Lewisville Town Hall Shallowford Road 1. Call to Order: a. Mayor Mike Horn called the meeting to order at 6:00 p.m. Council Members present were Fred Franklin, Robert Greene, Sandra Mock, Ken Sadler, Ed Smith and Jeff Zenger. Also present were Town Manager Hank Perkins, Attorney Bo Houff, Finance Officer Pam Orrell, Planner Josh Harrold, Public Works Director George Hauser and Town Clerk Joyce Walker. Also present was Intern John Henry Jackson. b. Adoption of Agenda i. Council Member Zenger moved to approve the agenda. The motion was seconded by Council Member Smaith and approved unanimously. 2. Guests, Introductions and Presentations for September 7, 2017 a. Susan Linker, member of the Lewisville Beautification Committee and Lewisville Historical Society, was present. 3. Items That Require Council Direction a. Request from Lowes Foods and others to consider changing the time on alcohol sales from 12 noon on Sunday to 10:00 am on Sunday as provided by Session Law i. Council members discussed the request and asked staff to provide more information and clarification on the definition of on-premises vs. off-premises. ii. Staff is to bring information to the October meeting. b. Alcohol policy i. Council members reviewed the policy for allowing alcohol to be consumed on town property. ii. Staff is to prepare a resolution to adopt the policy for the meeting on the 14 th. c. Request to allow beer and wine to be sold at the Bluegrass Festival i. After discussion, Council decided not to have beer and wine sold at the Bluegrass Festival. d. MOU (Memorandum of Understanding) for Tomahawk Creek i. Mr. Perkins provided and update on where the Tomahawk Creek MOU stands. (1) The size of the sewer line needs to be determined for the new school and the upsizing being requested by the Town. (2) The MOU will be between CCUC, Lewisville and the Winston-Salem/ Forsyth County Schools. (a) This document will identify the responsibilities of the units involved in the project and cost sharing between the groups involved. (b) CCUC has estimates; however, actual costs will not be known until (c) engineering is complete. The Town would like the size to accommodate Tomahawk as well as adjacent basins. (3) Mr. Perkins advised that the legislature has made changes to the impact fees which may impact this project. (4) CCUC will be using the Sewer Master Plan of Municipal Engineering as Page 1 of 4

9 DRAFT Lewisville Town Council Briefing and Action Meeting Minutes September 7, :00 p.m. Conference Room Lewisville Town Hall Shallowford Road a tool in determining the adequacy and size of the line. (5) There was discussion on the structure of how the Town is being asked to pay amounts over the cap ($275, ) previously noted by Council. e. Appointments to boards and committees i. There is one person resigning from Planning Board (Paul Hari). The resolution to accept his resignation is on the agenda for the 14 th. ii. Mr. Perkins advised that two people are resigning from Utilities (John Lipka and Curtis LeMay). (1) Resolutions of acceptance will be prepared so that all positions can be advertised. 4. Items Requiring Action at Briefing a. Ordinance amending Budget Ordinance in the amount of $1, to pay property taxes owed on the Fred Moser House for 2016 i. Council Member Mock moved to approve Ordinance The motion was seconded by Council Member Smith and approved unanimously. Ordinance is herein incorporated by reference into the minutes. 5. Unfinished Business: a. None 6. Administrative Reports: a. Manager s Report i. Mr. Perkins updated Council on the Great Wagon Road (GWR) project. (1) There has been engineering change and staff has met with the new person. (2) The environmental document is close to being completed. (3) There is still one more public input session to be scheduled after which it will be brought to Council. ii. The Benwicke Drive traffic problem was given to the PSAC. Their suggestion was to make the location a 3-way stop. (1) To date, no formal request has been received from the homeowners in the subdivision. (2) An old study was found and at that time there was nothing to be done on Benwicke. (3) Council agreed to place the 3-way stop at the second road. iii. Bridge medallions have been placed and completed. b. Staff Reports i. Public Works (1) Mr. Hauser reported on his fall paving. Roads to be paved are: (a) Pineola Road; (b) Nix Road; (c) Marshall Road between Starlight and Wellesley; (d) Spainour Farm Road; (e) Sunset Ridge; and Page 2 of 4

10 DRAFT Lewisville Town Council Briefing and Action Meeting Minutes September 7, :00 p.m. Conference Room Lewisville Town Hall Shallowford Road ii. iii. (f) Other patching work. (2) These items will be coming to Council at the October meeting. Planning Clerk (1) Reminder: NCLM Annual Conference - September 20, September 23, 2017 (Business meeting on Friday, September 22, 2017, 3:00 p.m.). Mayor Mike Horn was selected as the delegate and Town Manager Hank Perkins is the alternate. Also attending will be Public Works Director George Hauser. (2) The Library has notified staff that there are new hours that become effective September 5, (3) The Lewisville Civic Club will hold its Candidates Forum on Wednesday, October 18, 2017 at 6:30 pm at the G. Galloway Reynolds Community Center, 131 Lucy Lane. (4) Report from State Demographer: Preliminary as of July 1, ,120 (5) Planner Josh Harrold has been appointed by the County Commissioners as Review Officer for Forsyth County as provided by GS For the Good of the Order: a. Council Discussion i. Council Member Franklin suggested that the July 13, 2017 minutes be removed from the consent agenda because of the magnitude (68 pages) and take as a separate item. There were also a few items he would like to change. ii. Mr. Franklin also suggested that the seal in the conference room be placed downstairs in Council chambers. iii. Agenda Items for Regular Meeting on September 14, 2017 (1) Consent Agenda (a) Resolution Acceptance and Approval of Monthly Financials for July, 2017 (b) Approval of Council Meeting Minutes - July 13, 2017 (c) Approval of Council Briefing and Action Minutes -August 3, 2017 (d) Approval of Council Meeting Minutes - August 10, 2017 (e) (f) Resolution accepting the resignation of Olivia Mock from the Student Leadership Committee Resolution accepting the resignation of Paul Hari from the Lewisville Planning Board (2) Introductions, Presentations and/or Proclamations iv. Approval of tentative agenda for regular meeting on September 14, 2017 (1) Council Member Zenger moved to approve the agenda with additions as discussed above. The motion was seconded by Council Member Greene and approved unanimously. v. Council Member Smith asked about next steps for the Conrad Farm subdivision. Page 3 of 4

11 DRAFT Lewisville Town Council Briefing and Action Meeting Minutes September 7, :00 p.m. Conference Room Lewisville Town Hall Shallowford Road vi. (1) There is no other involvement by Council until the subdivision comes back to Council for compliance. Adjournment (1) Having no other business to discuss, Council Member Zenger moved to adjourn the meeting at 7:10 p.m. The motion was seconded by Council Member Franklin and approved unanimously. ATTEST: Mike Horn, Mayor Joyce C. McWilliams Walker, Town Clerk Page 4 of 4

12 DRAFT Lewisville Town Council Regular Meeting Minutes September 14, :30 p.m. Town Hall Shallowford Road - Room Call to Order a. Mayor Pro Tem Sandra Mock called the meeting to order at 7:32 p.m. Council Members present were Fred Franklin, Robert Greene, Ken Sadler, Ed Smith and Jeff Zenger. Mayor Horn was out of town. Also present were Town Manager Hank Perkins, Attorney Bo Houff, Finance Officer Pam Orrell, Public Works Director George Hauser, Intern John Henry Jackson and Town Clerk Joyce Walker. b. Invocation was provided by Pastor Joshua Boles, Temple Baptist Church, and the Pledge of Allegiance by the Boy Scout Troop 712 from Piney Grove United Methodist Church. c. Adoption of Agenda i. Council Member Franklin moved to approve the agenda. The motion was seconded by Council Member Zenger and approved unanimously. 2. Consent Agenda a. Consent Items for Approval i. Council Member Franklin asked that the minutes of July 13 th be removed from the Consent Agenda and instead approved separately. He wanted to acknowledge the magnitude of involvement in preparing the verbatim minutes of a hearing. ii. Resolution Acceptance and Approval of Monthly Financials for July, 2017 iii. Approval of Council Briefing and Action Minutes -August 3, 2017 iv. Approval of Council Meeting Minutes - August 10, 2017 v. Resolution accepting the resignation of Olivia Mock from the Student Leadership Committee vi. vii. viii. Resolution accepting the resignation of Paul Hari from the Lewisville Planning Board Resolution accepting the resignation of Curtis LeMay from the Lewisville Utilities Committee Resolution accepting the resignation John Lipka from the Lewisville Utilities Committee b. Council Member Franklin moved to approve the Consent Agenda as amended. The motion was seconded by Council Member Zenger and approved unanimously. Resolutions , , , and are herein incorporated by reference into the minutes. 3. Approval of Council Meeting Minutes - July 13, 2017 a. Council Member Franklin advised everyone that there were 68 pages contained in the minutes of the hearing on July 13 th. b. Council Member Franklin moved to approve the July 13, 2017 minutes. The motion was seconded by Council Member Zenger and approved unanimously. 4. Introductions, Presentations, Recognitions and/or Proclamations a. None Page 1 of 3

13 DRAFT Lewisville Town Council Regular Meeting Minutes September 14, :30 p.m. Town Hall Shallowford Road - Room Public Forum a. The Public Forum was opened at 7:39 p.m. b. Having no speakers, the Public Forum was closed at 7:40 p.m. 6. Public Hearings a. None 7. New Business a. Resolution approving policy for use and consumption of alcohol on Town property as allowed by Town Code Chapter 16 i. This policy allows conditions and procedures for staff. (1) Risk Management had suggested the addition of liability insurance to the policy. ii. Council Member Franklin moved to approve Resolution The motion was seconded by Council Member Smith and approved unanimously. 8. Unfinished Business a. None 9. Administrative Reports a. Upcoming Events at Shallowford Square and Town Holidays were reviewed. b. NCLM 2017 City Vision Annual Conference will be held in Greenville, NC - September 20 th - 23 rd. Mayor Horn, Town Manager Hank Perkins and Public Works Director George Hauser will be attending. c. The staff was notified that the library has new hours that became effective September 5 th. Those hours are Monday through Wednesday 9a to 8p; Thursday and Friday 9a to 6 pm; and Saturday 10a to 5p. They are closed on Sunday. d. The Lewisville Civic Club will hold its Candidates Forum on Wednesday, October 18, 2017 at 6:30 pm at the G. Galloway Reynolds Community Center, 131 Lucy Lane for interested citizens. e. The State Demographer s Preliminary report on population as of July 1, 2016 is 13,120. f. Planner Josh Harrold has been appointed by the County Commissioners as Review Officer for Forsyth County as provided by GS g. Approvals at the Briefing and Action Meeting on September 7, 2017 i. Ordinance amending Budget Ordinance in the amount of $1, to pay property taxes owed on the Fred Moser House for For the Good of the Order: a. Public Comments i. The floor was opened for Public Comments at 7:50 p.m. ii. Having no speakers, Public Comments were closed at 7:51 p.m. b. Council Comments i. Students from Reagan High School were present. Council Member Sadler asked Page 2 of 3

14 DRAFT Lewisville Town Council Regular Meeting Minutes September 14, :30 p.m. Town Hall Shallowford Road - Room 110 if anyone would like to make any comments on the meeting. No one wished to speak. c. Adjournment i. Having no other business to discuss, Council Member Smith moved to adjourn the meeting at 7:52 p.m. The motion was seconded by Council Member Zenger and approved unanimously. ATTEST: Mike Horn, Mayor Joyce C. McWilliams Walker, Town Clerk Page 3 of 3

15 RESOLUTION OF THE LEWISVILLE TOWN COUNCIL ACCEPTING THE REMOVAL OF MATT WARLICK FROM THE LEWISVILLE BEAUTIFICATION COMMITTEE WHEREAS, the Town of Lewisville has received notification by chair Yvonne Hall of nonattendance to meetings of the Committee by member Matt kwarlick; and WHEREAS, the Lewisville Beautification Committee has an attendance policy in its charter; and WHEREAS, Matt Warlick no longer resides in the Town of Lewisville. NOW, THEREFORE, BE IT RESOLVED THAT THE LEWISVILLE TOWN COUNCIL accepts the removal of Matt Warlick from the Lewisville Beautification Committee. Adopted this the 12 th Day of October, 2017 by the Lewisville Town Council. ATTEST: Mike Horn, Mayor Joyce C. McWilliams Walker Town Clerk 1

16 ORDINANCE OF THE LEWISVILLE TOWN COUNCIL UPDATING THE LEWISVILLE TOWN CODE WHEREAS, the proposed updates for the Lewisville Town Code have been presented to the Lewisville Town Council for consideration, adoption, and enactment; and WHEREAS, these approved amendments were placed on the Lewisville American Legal web site link for access; and WHEREAS, it is prudent to update the loose leaf copies of the Town Code in compliance with 160A-77. NOW, THEREFORE, BE IT ORDAINED BY THE LEWISVILLE TOWN COUNCIL that the Lewisville Town Code is hereby updated to include the following updates in Supplement 11: Section 1. Ordinance Amending Chapter 22-4 E Forsyth County Services - Setting the filing fee for elections. Section 2. Ordinance Order to collect 2017 taxes; approved Section 3. Ordinance Order to collect 2016 and previous years taxes; approved Adopted this 14 th day of September, 2017 by the Lewisville Town Council. ATTEST: Mike Horn, Mayor Joyce C. McWilliams Walker Town Clerk Page 1 of 1

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28 TOWN OF LEWISVILLE ORDINANCE AN ORDINANCE TO ALLOW THE SALE OF ALCOHOLIC BEVERAGES BEFORE NOON ON SUNDAYS AT LICENSED PREMISES WHEREAS, on June 29, 2017, the North Carolina General Assembly enacted Senate Bill 155, entitled "An Act to Make Various Changes to the Alcoholic Beverage Control Commission Laws"; and WHEREAS, Section 4 of Ratified Senate Bill 155 authorizes city and county governments to adopt an ordinance to allow alcohol sales beginning at 10 am on Sundays; and WHEREAS, Ratified Senate Bill 155 was signed into law by Governor Roy Cooper on the 30th day of June, 2017 and became effective on that date (Session Law 2017, Chapter 87); and WHEREAS, by enacting Senate Bill 155, North Carolina joins 47 other States in allowing alcohol service before noon on Sunday; and WHEREAS, Sunday morning alcohol service will allow the hospitality community and retail merchants in our community to meet the needs of their customers; and WHEREAS, Sunday morning alcohol service will benefit our small business community and generate increased tax revenues; and WHEREAS, our community has a diverse and growing population with different religious beliefs, each of which has various times and multiple days for worship; NOW, THEREFORE, BE IT ORDAINED by the Town Council of Town of Lewisville, North Carolina that: Section 1. Section 2. Section 3. Pursuant to the authority granted by S.L any establishment located in the corporate limits of Town of Lewisville and holding an ABC permit issued pursuant to G. S. 18B is permitted to sell beverages allowed by its permit beginning at 10 A.M. on Sundays. All laws and clauses of law in conflict herewith are repealed to the extent of any such conflict. This ordinance becomes effective on the day of adoption. Adopted this 12 th day of October, 2017 by the Lewisville Town Council. ATTEST: Mike Horn, Mayor Joyce C. McWilliams Walker, Town Clerk

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54 RESOLUTION OF THE LEWISVILLE TOWN COUNCIL FIXING DATE OF PUBLIC HEARING ON QUESTION OF ANNEXATION PURSUANT TO G. S. 160A-31 WHEREAS, a petition requesting annexation of the area described herein has been received; and WHEREAS, the Lewisville Town Council has by resolution directed the Town Clerk to investigate the sufficiency of the petition; and WHEREAS, certification of the Town Clerk as to the sufficiency of the petition has been made; NOW, THEREFORE, BE IT RESOLVED by the Town Council of the Town of Lewisville, North Carolina, that: Section 1. Section 2. A public hearing on the question of annexation of the area described herein will be held at the Lewisville Town Hall, 6510 Shallowford Road, Lewisville, NC 7:30 p.m. on Thursday, November 9, The area proposed for annexation is described as follows: 5940 Glad Acres Road, PIN , Block 4619, Lot 003P Metes and Bounds BEGINNING at an existing 7/8 iron in the southern margin of Robinhood Road having North Carolina Grid Coordinates of North 865,738.46; East 1,590, being the northeastern corner of Lot 58 of Cutter s Creek Section 2 as shown on Plat Book 29, Page 172 and also being the northwestern corner of the herein described tract, PIN as recorded in Deed Book 565, Page 376; thence with said southern margin the following three (3) courses and distances: 1) North East feet to an existing 5/8 iron; thence 2) South East feet to an existing 5/8 iron; thence 3) North East feet to a new 7/8 iron placed, the northeastern corner of the herein described tract and the northwestern corner of PIN# as recorded in Deed Book 3256, Page 1497; thence with the western line of said PIN# , being the eastern line to the herein described tract South East feet to an existing 7/8 iron, the northwestern corner of Tract A as shown on Plat Book 62, Page 139; thence with the western line of said Tract A and falling in with the western line of Tracts B and C of said Plat Book 62, Page 139 the following two (2) courses and distances: 1) South East feet to an existing 7/8 iron; thence 2) South West feet to an existing axle in the northern line of PIN# as recorded in Deed Book 3151, Page 712 and being the southwestern corner of said Tract C and the southeastern corner of the herein described tract; thence with said northern line of said PIN# , being the southern line of the herein described tract South West feet to an existing axle, the northwestern corner of said PIN# and the northeastern corner of PIN# as recorded in Deed Book 2010, Page 2411; thence continuing with said southern line, being the northern line of said PIN# and falling in with the northern line of PIN# as recorded in Deed Book 1792, Page 2763 North West feet to an existing 1¼ iron, the southeastern corner of PIN# as recorded in Deed Book 1846, Page 1556 and being the southwestern corner of the herein described tract; thence with the eastern line of said PIN# , being the western line of the herein described tract and falling in with the eastern line of PIN# Page 1 of 2

55 as recorded in Deed Book 2178, Page 1 North East feet to a point in a creek, the southwestern corner of PIN# as recorded in Deed Book 2001, Page 2906, said point being located South West feet from an existing 1¼ iron; thence with the southern and eastern lines of said PIN# the following two (2) courses and distances: 1) with the center of the creek South East feet to a point in the center of the creek; thence 2) leaving said creek North East, crossing an existing 1¼ iron at feet and continuing feet for a total distance of feet to an existing nail, the northeastern corner of said PIN# and the southeastern corner of PIN# as recorded in Deed Book 1807, Page 903; thence with the eastern line of said PIN# , being the western line of the herein described tract North East feet to an existing 7/8 iron, the southwestern corner of PIN# as recorded in Deed Book 3247, Page 537; thence with the southern and eastern lines of said PIN# the following two (2) courses and distances: 1) South East feet to an existing 7/8 iron; thence 2) North East feet to a 7/8 iron placed, the northeastern corner of said PIN# and the southeastern corner of Lot 54 of said Cutter s Creek Section 2, as referenced above; thence with the western line of Lots 54, 55, 56, 57 and 58 of said Cutter s Creek Section 2, being the western line of the herein described tract the following three (3) courses and distances: 1) North East feet to an existing 1¾ iron; thence 2) North East feet to an existing 1¼ iron; thence 3) North East feet to the Beginning and containing acres more or less and being shown on a survey by Brady Surveying Company, P.A. dated August 18, 2017 and last revised August 21, 2017 and bearing drawing number Section 3. Notice of the public hearing shall be published in the Winston-Salem Journal, a newspaper having general circulation in the Town of Lewisville, at least ten (10) days prior to the date of the public hearing. Adopted this 12 th Day of October, 2017 by the Lewisville Town Council. APPROVED: Mike Horn, Mayor ATTEST: Joyce C. McWilliams Walker, Town Clerk Page 2 of 2

56 Town of Lewisville Budget Amendment Ordinance Amending Budget Ordinance Finance Department Use Only Budget Amendment Number: # 6 Finance Officer: PAM ORRELL DEBIT CREDIT CODE ACCOUNT DESCRIPTION AMOUNT CODE ACCOUNT DESCRIPTION AMOUNT General Fund General Fund Governing Body -Advertising $1, Fund Balance Appropriated $1, Required legal advertising in association with Glad Acres Annexation request RECOMMENDED By: Pam Orrell Town Finance Officer Approved and effective upon adoption, this the 12 th day of October, 2017 by the Lewisville Town Council. APPROVED: Mike Horn, Mayor ATTEST: Joyce C. McWilliams Walker, Town Clerk

57 RESOLUTION OF THE LEWISVILLE TOWN COUNCIL AWARDING CONTRACT FOR FULL DEPTH PATCH AND/OR SINGLE SURFACE TREATMENT OF VARIOUS ROADS WHEREAS, Town of Lewisville had a pavement condition survey completed on all roads in the town in August 2003 by US Infrastructure of Carolina, Incorporated, Consulting Engineers; and WHEREAS, US Infrastructure has provided an update to the 2003 report; and WHEREAS, This survey determined which roads need to have paving attention by ranking; and WHEREAS, This survey has been reviewed in-house for additional considerations; and WHEREAS, It has been determined that Pineola Lane, Nix Drive, Marshall Road (from Twilight Court to Wellesley Place Drive and an area at the intersection of Marshall Road and Pineola Lane), Spainhour Farm Road, Sunset Ridge Drive and Hilary Court need immediate attention; and WHEREAS, Using the information from bid sheets, it has been determined that resurfacing these streets will cost $213, (Two hundred thirteen thousand three hundred seventy one dollars and twenty-five cents); and WHEREAS, the funds to complete this project have been appropriated in the Annual Budget Ordinance; and WHEREAS, Yadkin Valley Paving, Inc. of Winston-Salem has bid the best price for this project. NOW, THEREFORE, BE IT RESOLVED BY THE LEWISVILLE TOWN COUNCIL that the Town Manager is authorized to award a contract for resurfacing to Yadkin Valley Paving, Inc., 121 Cloverleaf Drive of Winston-Salem for an amount not to exceed $213, (Two hundred thirteen thousand three hundred seventy one dollars and twenty-five cents) for the various streets noted above. Resolved, approved and effective upon adoption, this the 12 th day of October, 2017 by the Lewisville Town Council. ATTEST: Mike Horn, Mayor Joyce C. McWilliams Walker Town Clerk

58 TOWN OF LEWISVILLE CONTRACT FALL PAVING CONTRACT - OCTOBER Contractor Billing Name and Address: Yadkin Valley Paving, Inc. 121 Cloverleaf Drive Winston-Salem, NC Scope of Work: 2.1 Asphalt Roadway Repairs for the following streets: Pineola Lane, Nix Drive, Marshall Road, Spainhour Farm Road, Sunset Ridge Drive, and Hillary Court. 2.2 Contractor shall perform Single Surface Treatment per bid specs and specifications below. 2.3 Contractor shall install where called for, 1.5 inch and 2 inch 9.5B hot asphalt mix overlay per bid specs and specifications below. 2.4 Inform residents of major repair work to be done at least two days prior to start of work. 2.5 Traffic to be maintained at all times and is not to be interfered with during peak hour traffic flow, generally considered to be between 7:00 a.m. to 9:00 a.m. & 4:00 p.m. to 6:00 p.m. All traffic control devices are to be in accordance with the latest edition of The Manual on Uniform Traffic Control Devices. 2.6 Location of underground utilities is the responsibility of the contractor All asphalt placement shall be done to NCDOT standards Backfill shoulders with topsoil as necessary, dress, seed and mulch Dispose of all excess materials and debris off site 3 Specifications: 3.1 The Contractor will submit an approved mix design for 9.5B hot asphalt. 3.2 The depth of the asphalt on roll gutter will be the same depth of asphalt required on the street. 3.3 Square valve boxes will be placed parallel to the street being paved. 3.4 Bricks placed below manhole rings will not be staggered. A complete circle of brick will be placed with mortar joints 3/8-inch in width. All debris from structure adjustment will be cleaned up the same day. 3.5 All structures will be set to a grade of 1/8-inch/l0-feet. 3.6 All concrete used to secure structures will be 3,000 psi. 3.7 A minimum of a l2-inch vertical cut will be made around all structures that are to be adjusted. 3.8 Prior to paving, the Contractor will be responsible for cleaning all excess stone, dirt, leaves, and grass from the street. 3.9 All existing asphalt on structures to be adjusted will be removed by the Contractor before the structure is set to grade After the street is paved the Contractor will clean excess asphalt and stone from the street and sidewalk area or shoulder area and backfill shoulders with topsoil. Grade and seed shoulders as necessary. Clean up will be completed no later than one week after the street is resurfaced Use a rubber tire roller when applying seal and on resurfacing between lead roller and finish roller Begin resurfacing a street within one week of cold milling it The Contractor will be responsible for all private company structures such as gas, telephone and power Contractor is to include pricing for adjusting water valve boxes and other structures as needed The riser provider will measure each structure to ensure that all risers will be the correct height, If Contractor does not match the riser when the street is resurfaced, the Contractor will be responsible for adjusting the structure to match the new road surface No work will be allowed on holidays observed by the Town unless authorized by the Town Manager. The City observes the following holidays: New Year's Day, Martin Luther King's Birthday, Good Friday, Memorial Day, Page 1 of 7

59 TOWN OF LEWISVILLE CONTRACT FALL PAVING CONTRACT - OCTOBER 2017 Independence Day, Labor Day, Veteran s Day, Thanksgiving Day, Day following Thanksgiving Day and Christmas Day. 4 Specifications for Surface Treatments The following materials shall be used in the quantities specified as directed by the Town's Public Works Director or his designated representative prior to all streets being resurfaced. The surface treatment shall be placed a minimum of 48 hours prior to the hot plant mix overlay and SHALL NOT be placed more than 10 calendar days prior to the overlay. All clean up of the stone aggregate whipped off by street traffic whether in excess on the pavement or thrown to the shoulder of the road shall be the responsibility of the contractor. Price for each treatment shall be clearly indicated in the Proposal Section of this bid and will be for the benefit of the Town in determining the cost of each individual treatment. SINGLE SURFACE TREATMENT 1/4" maximum aggregate size (No. 14 stone) at a rate of 15 to 20 lbs. of aggregate per square yard placed over 0.15 to 0.30 gallons of CRS-2P asphalt per square yard. DOUBLE SURFACE TREATMENT The first course shall have an aggregate size not to exceed 1/2" (No. 78 stone) at the rate of 25 to 30 lbs. of aggregate per square yard placed over 0.25 to 0.30 gallons of CRS-2P asphalt per square yard. The second course shall be as specified for the Single Surface Treatment. 5 Independent Contractor: 5.1 The Contractor agrees that he/she is an Independent Contractor not under the control or supervision of the Town and therefore not eligible for Worker's Compensation or other Town Employee benefits. The Contractor does not make this agreement under any duress. 6 Insurance: 6.1 The Contractor shall maintain in full force and effect throughout the term of this Contract and throughout any extension or renewal thereof the following types of insurance in at least the limits specified below: Workman's Compensation at or above the Statutory Minimum Employer's Liability at or above $500,000 (Five hundred thousand dollars) General Liability at or above $1,000,000 (One million dollars) Automobile Liability Combined Single Limit at or above $1,000,000 (One million dollars) Products/Completed Operations (Each Occurrence/Aggregate) $2,000,000/$2,000,000 (Two million dollars) Excess Umbrella Liability is not required. 6.2 Employer's Liability Coverage will be required of the Contractor and any sub-contractor where any class of employee engaged in work under this Contract is not protected under the Workmen's Compensation Statute. 6.3 All insurance will be by insurers acceptable to the Town and authorized to do business in the State of North Carolina. Prior to the commencement of work the Contractor shall furnish the Town with certificates of insurance or other satisfactory evidence that such insurance has been produced and in force. Said policies shall not thereafter be cancelled, permitted to expire, or be changed without thirty (30) days advance written notice to the Town. 6.4 To the extent permitted by law, all or any part of required insurance coverage(s) may be provided under a plan of self-insurance (acceptable to the Town in its reasonable discretion). Page 2 of 7

60 TOWN OF LEWISVILLE CONTRACT FALL PAVING CONTRACT - OCTOBER Indemnity: 7.1 The Contractor will indemnify and save harmless the Town, its officers, agents, servants, and employees from and against any and all suits, actions, legal proceedings, claims, demands, damages, costs, expenses, and attorneys' fees resulting from a willful or negligent act or omission of the Contractor, its officers, agents, servants and employees in the performance of this Contract; provided, however, that the Contractor shall not be liable for any suits, actions, legal proceedings, claims, demands, damages, costs, expenses and attorneys' fees arising out of the award of this Agreement or a willful or negligent act or omission of the Town, its officers, agents, servants and employees. 8 Scope of Contract: 8.1 Effective Date - This Contract shall become effective on the day of execution. Contractor shall begin the specified work as set out by this agreement as indicated in the term, and continue without interruption until work is complete. 8.2 Term - The term of this contract shall begin upon execution and end on November 20, Contract Extension - The parties agree that by mutual consent, each expressed in writing and received at least ten (10) days before the termination contract period, that this Contract may be extended for an additional ten (10) days upon the same terms and conditions as set forth in this Contract. 8.4 Exclusive Right - The Town, as grantor, does not grant the Contractor, as grantee, the exclusive right during the term of this Contract to be the Town's Contractor to perform street and roadway repairs and renovations. 8.5 Compliance with Applicable Laws - The parties to this Contract agree that the laws of the State of North Carolina shall govern the validity, construction, interpretation, and effect of this contract. The Contractor shall conduct the specified renovation as provided for by this Contract in compliance with all applicable federal, state and local regulations and laws including the OSHA standards set and enforced by the Department of Labor. This Contract and the work to be done as described herein is also subject to the provisions of all pertinent municipal ordinances which are hereby made a part hereof with the same force and effect as if specifically set out herein. 8.6 Bankruptcy - "Insolvent" for the purposes of this clause shall mean the party's inability to pay its debts as they mature The party's insolvency, or voluntary or involuntary bankruptcy, shall not constitute prospective unwillingness and/or inability to perform nor a repudiation of this agreement unless the party fails to give a timely and adequate assurance of its ability to perform. Until such assurances are received, the demanding party may suspend, if commercially reasonable, any performance due upon its part unless already paid for. If a party is unable to give adequate assurance, the other party may terminate the Contact with ten (10) days written notice. Assumption of this Contract by a bankrupt debtor's trustee shall initially give rise only to a reasonable sense of insecurity and shall not operate as an automatic repudiation, prospective unwillingness to perform, or a breach of the Contract where the Contractor is in the process of voluntary or involuntary bankruptcy The Town shall not be bound to the contract by an insolvent Contractor's trustee or receiver In the event of the Contractor's bankruptcy, the Town will have the same remedies as provided for Breach of Contract. 8.7 Breach of Contract - If the Contractor fails to comply with applicable Federal, State, or Local Laws or regulations the Contractor will be in default and the Town may immediately terminate the Contract without notice. The Town may seek any or all remedies available at law or in equity. If the Contractor fails to perform, or fails to perform in a satisfactory manner, or to perform in accordance with applicable ordinances, its obligations hereunder, the Town shall have the right to demand in writing adequate assurance from the Contractor that steps have been or are being taken to rectify the situation. Within ten (10) days of receipt of such demand, the Contractor must return to the Town a written statement that explains reasons for nonperformance, or delayed, partial or substandard performance during that period and any continuation thereof. Upon receipt of the Contractor's statement or the failure of the Contractor to submit one, the Town may, except Page 3 of 7

61 TOWN OF LEWISVILLE CONTRACT FALL PAVING CONTRACT - OCTOBER 2017 under conditions of Force Majeure, terminate this Contract and, shall have any and all remedies available at law or in equity. 8.8 Force Majeure Neither the Contractor nor the Town shall be liable for the failure to perform their duties nor for any resultant damage, loss, etc., if such failure is caused by a catastrophe, riot, war, governmental order or regulation, strike, fine, accident, act of God or other similar contingency beyond the reasonable control of the Contractor or Town If such circumstances persist for more than ten (10) days or if after their cessation the Contractor is unable to render full or substantial performance for a period of ten (10) days, he or the Town may terminate this Contract upon giving not less than twenty (20) days written notice to the Town. 8.9 Arbitration and Award - Any controversy or claim arising out of or relating to this agreement, or breach thereof, shall be settled by arbitration in accordance with the rules of the American Arbitration Association by arbitration in Forsyth County, North Carolina. Judgment upon the award rendered by the arbitrators may be entered in any court having jurisdiction thereof Assignment of Contract - No assignment of this Contract or any right accruing under this Contract shall be made in whole or in part by the Contractor, directly or indirectly by sale of stock of the Contractor to an entity unrelated to the Contractor, or other device, without the express written consent of the Town, which consent shall not be unreasonably withheld. The delegation of any Contract duties will require the written consent of the Surety as such a delegation will not relieve the Contractor or his Surety of any liability and/or obligation to perform. In the event of any delegation of duty, the delegate shall assume full responsibility and liability for performance of that duty without affecting the Contractor's liability Change of Ownership - In the event that the Contractor's business assets are sold, without the written consent of the Town, the Town maintains the right, to terminate this agreement and, to hold the original owner solely liable. If, however, the Town determines, in its sole discretion, that the new ownership can adequately and faithfully render the services called for in this Contract for the remaining term of the Contract, then the Town may elect to execute a novation, allowing the new ownership to assume the rights and duties of this Contract and releasing the previous ownership of all obligation and liability. The new ownership would then be solely liable for any work and/or claims attendant to this agreement Waivers: A waiver by either party of any breach of any provisions hereof shall not be taken or held to be a waiver of any succeeding breach of such provision or as a waiver of any provision itself. No payment or acceptance of compensation for any period subsequent to any breach shall be deemed a waiver of any right or acceptance of defective performance Where the condition to be waived is a material part of the Contract such that its waiver would affect the essential bargains of the parties, the waiver must be supported by consideration and take the form of a Contract modification as provided for elsewhere in this section Illegal and Invalid Provisions - Should any term, provision or other part of this Contract be declared illegal it shall be excised and modified to conform to the appropriate laws or regulations. Should any term, provision or other part of this contract be held to be inoperative, invalid or unenforceable, then such provision or portion thereof shall be reformed in accordance with applicable laws or regulations. In both cases of illegal and invalid provisions, the remainder of the Contract shall not be affected but shall remain in full force and effect Joint and Several Liability - If the Contractor is comprised of more than one individual, corporation or other entity, each of the entities comprising the Contractor shall be jointly and severally liable Binding Effect - The provisions, covenants, and conditions in this Contract apply to bind the parties, their legal heirs, representative, successors, and assigns Amendment of the Contract - No modification or amendment of the terms hereof shall be effective unless written and signed by the authorized representatives of all parties entitled to receive a right or obligated to perform a duty under this Contract. A signed original is to be fastened to the original Contract with signed copies retained by all the parties Merger Clause: Previous Agreements Suspended - This agreement constitutes the final and complete agreement and understanding between the parties. All prior and contemporaneous agreements and understandings, whether Page 4 of 7

62 TOWN OF LEWISVILLE CONTRACT FALL PAVING CONTRACT - OCTOBER 2017 oral or written, are to be without effect in the construction of any provision or term of this Contract if they alter, vary or contradict this agreement. 9 Safety of Workers and Accident Exposure: 9.1 The Contractor is expected to comply with OSHA standards as they may apply to the Contractor's execution of the requirements of this Contract. 9.2 The Contractor shall provide to the town a copy of employee safety policies and procedures. 9.3 The Contractor's employee safety policies and procedures must provide for adequate protection of all employees performing duties as a part of this Contract and adequate safety of other individuals at or near the work area. 9.4 The Contractor shall conduct its own frequent and regular inspections at the job site for compliance with its safety program and pertinent OSHA regulations. 9.5 The Contractor shall provide in all subcontracts that each subcontractor and their subcontractors strictly adhere to all safety standards, rules, and OSHA regulations pertinent to the type of work being performed. 9.6 The Contractor shall provide in all subcontracts that each subcontractor and their subcontractors develop a safety program for work covered by the subcontract. 9.7 The Contractor shall provide in all subcontracts that each subcontractor and their subcontractors conduct their own frequent and regular inspections at the job site for compliance with its safety program and all pertinent OSHA regulations. 9.8 The Contractor shall include the following statement in subcontracts: Subcontractor shall, at its own expense, strictly adhere to all pertinent safety standards, rules and OSHA regulations required or recommended by governmental or quasi-governmental authorities having jurisdiction. The Subcontractor hereby acknowledges that it has its own safety program for all work covered by or performed under this Subcontract. The Subcontractor agrees to conduct its own frequent and regular inspections of all work covered by or performed under this Subcontract at the project site to verify compliance with the Subcontractor s safety program and all applicable safety standards, rules and OSHA regulations. The Subcontractor and Contractor acknowledge and agree that the Contractor has no control, responsibility or authority over the Subcontractor or the Subcontractor s employees or subcontractors with regard to the safety and health conditions relating to or arising out of the Subcontractor s work or the performance of any work covered by this Subcontract. The Subcontractor has the sole responsibility and authority for ensuring that any and all hazardous conditions relating to or arising out of the Subcontractor s work are corrected. With regard to the Subcontractor s work or any work covered by or performed under this Subcontract, the Contractor is not the controlling employer or controlling entity for the purpose of detecting hazardous conditions or ensuring that hazardous conditions are corrected. 10 Nondiscrimination: 10.1 Neither the Contractor nor any sub-contractor nor any Person(s) acting on his behalf shall discriminate against any person because of race, sex, age, creed, color, religion, national origin, or disability. Page 5 of 7

63 TOWN OF LEWISVILLE CONTRACT FALL PAVING CONTRACT - OCTOBER Warranty: 11.1 The Contractor shall warranty all workmanship and materials for up to one year after completion of the project Any materials, equipment, or workmanship discovered to be inferior or fails to perform as reasonably expected shall be repaired or replaced by the Contractor, at the Contractor's expense, within thirty (30) days of being notified of such discovery. 12 E-Verify 12.1 The provider and its subcontractors shall comply with Article 2 of Chapter 64 of the North Carolina General Statutes relating to the required use of the federal E-Verify program to verify the work authorization of new hired employees. Failure of the provider to comply with this provision or failure of its subcontractors to comply could render this contract void under North Carolina law. It is the expectation of The Town of Lewisville that the provider will comply with all applicable federal immigration laws in its hiring and contracting practices relating to the services covered by this contract involving Town funds Page 6 of 7

64 TOWN OF LEWISVILLE CONTRACT FALL PAVING CONTRACT - OCTOBER Contractor's Performance and Payment: 13.1 Contractor shall perform all work described in the Scope of Work for a fixed fee of $213, (Two hundred thirteen thousand, three hundred seventy-one and 25/100 dollars) After an inspection and a determination of satisfactory completion of all work as described in the Scope of Work within in the term as described in the Scope of the Contract, the Town will pay the contractor the sum of $213, (Two hundred thirteen thousand, three hundred seventy-one and 25/100 dollars). 14 Notice: 14.1 A letter properly addressed and sent by mail, certified mail, or registered mail to any party at the addresses provided below shall constitute sufficient notice whenever written notice is required for any purpose of this agreement. Notice will be considered sent either when received at the appropriate address or deposited in the United States mail Address for notices to the Town: Town of Lewisville Attention: Town Manager Post Office Box 547 Signature Date Lewisville, North Carolina William H. Perkins, Jr., Town Manager Telephone: Address for notices to Contractor: Yadkin Valley Paving, Inc. 121 Cloverleaf Drive Winston-Salem, NC Signature Date Federal Tax Identification Number This instrument has been pre-audited in the Manner required by the Local Government Budget and Fiscal Control Act. Pam Orrell, Finance Officer Page 7 of 7