BRISTOL VIRGINIA CITY COUNCIL 300 Lee Street Bristol, Virginia March 24, :00 p.m.

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1 City Council Catherine D. Brillhart, Mayor Archie Hubbard, III, Vice Mayor Bill Hartley, Council Member Guy P. Odum, Council Member Jim Steele, Council Member BRISTOL VIRGINIA CITY COUNCIL 300 Lee Street Bristol, Virginia March 24, :00 p.m. Call to Order Invocation Pledge of Allegiance 1) Matters to be presented by Members of the Public. 2) Mayor s Minute and Council Comments. - Recognition of Casey Barnes for Being the 2014 Golf Professional of the Year Winner for the Tri- Cities Chapter of the Tennessee Section. AGENDA: 3) Consider a Proclamation to Recognize April 1 through 7, 2015, as Local Government Education Week. 4) Consider a Contract between W-L Construction and the City of Bristol, Virginia, to Widen Lee Highway from Island Road to Blevins Boulevard. 5) Presentations by Outside Agencies Regarding Budget Funding Requests. 6) Adjournment.

2 BRISTOL, VIRGINIA CITY COUNCIL AGENDA ITEM SUMMARY Meeting Date: March 24, 2015 Department: PIO Bulk Item: Yes No _X Staff Contact: Jennifer M. Wilson AGENDA ITEM WORDING: Consider a Proclamation to Recognize April 1 through 7, 2015, as Local Government Education Week. ITEM BACKGROUND: In 2012, the General Assembly adopted House Joint Resolution #93 proclaiming the first week of April as Local Government Education week in honor of the formation of the Council-Manager form of government in the City of Staunton, VA. The VLGMA Civic Engagement Committee has been developing tools to help spread the word of this honor in order to acknowledge good community building work, educate on all local government services provided at the local level, and to increase students awareness of career opportunities in local government. This will help us strengthen interest in local government management/public service as a viable career. As part of this effort VLGMA asks each locality's governing body to adopt a proclamation honoring this week. PREVIOUS RELEVANT ACTION: None. Staff Recommendations: That Council approve the resolution. DOCUMENTATION: Included X Not Required MOTION: AGENDA ITEM # Revised 03/10

3 PROCLAMATION TO RECOGNIZE April 1 7, 2015 as LOCAL GOVERNMENT EDUCATION WEEK WHEREAS, since the colonial period, the Commonwealth of Virginia has closely held the institutions of local government; and WHEREAS, local governments throughout the Commonwealth provide valuable services to the citizens of the communities they serve; and WHEREAS, citizen services such as law enforcement, public health and safety, recreational opportunities and educating local children are most often delivered at the local level; and WHEREAS, in recognition of the work performed by local governments, the Virginia General Assembly, on February 29, 2012, designated the first week in April as Local Government Education Week in Virginia; and WHEREAS, April 2, 1908 was the creation of the Council-Manager form of government in the City of Staunton thereby making the first week in April appropriate for this designation. NOW, THEREFORE, BE IT PROCLAIMED, by the City Council of Bristol, Virginia, that April 1-7, 2015 is hereby designated as Local Government Education Week; and BE IT FURTHER PROCLAIMED, that the City Council of Bristol, Virginia, and the Bristol, Virginia, Public Schools system will partner to promote civic education and engagement in an effort to educate citizens about their local government, strengthen the sense of community, and engage the next generation of local government managers. In witness thereof, I, Mayor Catherine Brillhart, hereunto set my hand and caused the seal of the City of Bristol Virginia to be affixed this 24th day of March, 2015, in an effort to educate citizens about their local government, strengthen the sense of community, and engage the next generation of local government managers. Mayor Catherine Brillhart Vice Mayor, Archie Hubbard, III Guy P. Odum, Councilman Jim Steele, Councilman Bill Hartley, Councilman Pamela Venable, Clerk of Council

4 BRISTOL, VIRGINIA CITY COUNCIL AGENDA ITEM SUMMARY Meeting Date: Tuesday, March 24, 2015 Department: Public Works Bulk Item: Yes No _X Staff Contact: Tabitha Crowder AGENDA ITEM WORDING: Consider a Contract between W-L Construction and the City of Bristol, Virginia to Widen Lee Highway from Island Road to Blevins Boulevard. ITEM BACKGROUND: City staff have locally administered a project widening Lee Highway from Island Road to Blevins Boulevard. Project funding is 50% from VDOT and 50% from the City. This project includes the signalized intersection with Cabelas Drive. Bids were opened on March 11, 2015 with W-L Construction the low bidder at $2,923, In order to have the signalized intersection of Cabelas Drive operational for the Cabelas opening in August, this contract must be executed immediately. As this funding was not included in the FY15 budget, staff is asking for your authorization for the City Manager to enter into the contract with W-L Construction on the City s behalf. Since the project s inception, the plan was to fund it with General Obligation Bonds. The first invoice will be funded using the residual funds from the sale of surplus property on the Lee Highway Exit 7 project. In April, staff will bring the Resolution to proceed with the General Obligation Bonds. PREVIOUS RELEVANT ACTION: On July 24, 2012, City Council approved a Resolution for Improvements to Lee Highway (Route 11) from Exit 5 to Alexis Drive. Staff Recommendations: Authorize City Manager to enter into agreement. DOCUMENTATION: Included X Not Required MOTION: AGENDA ITEM # Revised 03/10

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6 EXHIBIT I (7 pages) AGREEMENT THIS CONTRACT, made and entered into this day of, 2015, between the CITY OF BRISTOL, VIRGINIA, a municipal corporation organized under the laws of the Commonwealth of Virginia (hereinafter City ) and (hereinafter Contractor ). PREMISES The City intends to widening Lee Highway near Exit 5 to a six lanes divided highway urban section from about Island Road to Blevins Boulevard as described in the construction plans, the project will include new or upgraded signals at each intersection with new storm drainage systems, provision of conduits and the relocation of existing utilities A request for sealed bids for the construction project above described was advertised. Contractor was the lowest responsible bidder. Whereupon, the parties in consideration of the mutual benefits to be derived from this agreement, Ten ($10.00) Dollars cash paid by each of these parties to the other and all other considerations exchanged by the parties, promises to the other as follows: THE CONSTRUCTION PROJECT Contractor will widen Lee Highway in conformity with the Contract Documents which consist of (1) this Agreement; (2) with City of Bristol Virginia plans for Capital Project No , Lee Highway Widening Exit 5 Phase 1A, to include all notes and specifications contained therein; (3) the Bid Documents, (4) the current edition of the Virginia Department of Transportation Road and Bridge Specifications; (5) the current edition of Virginia Department of Transportation Road and Bridge Standards; (6) the Bristol Virginia Utilities Board Specifications for Design of Water Distribution Facilities and Water Distribution Lines Technical Specifications; (7) the Bristol Virginia Utilities Board Standard Specifications for the Design and Construction of Sanitary Sewerage Facilities; and (8) Addenda No. through No. which are applicable to this project and incorporated in this Agreement by reference as though included verbatim. 1

7 BONDS Contractor with this contract tenders a performance bond on a form approved by City with corporate surety in the amount of one hundred percent (100%) of the contract price. Additionally, Contractor tenders with this contract a payment bond guaranteeing payment to all subcontractors, materialmen and any other supplying material or labor to the construction project in the amount of one hundred percent (100%) of the contract price. INSURANCE Contractor shall have in place a liability policy commensurate with the requirements of Section INSURANCE REQUIREMENTS of the INVITATION TO BID in a minimum amount of ONE MILLION ($1,000,000.00) DOLLARS insuring against the liabilities of Contractor and City for any claim or injury to property or person arising from the construction project. City shall be named as an additional insured and certificate holder in said policy. City shall have no liability for payment of any premium. Contractor shall also provide Worker s Compensation covering all employees and all other employees of materialmen or Subcontractors or other worker involved with this construction project. EMPLOYMENT DISCRIMINATION In accordance with the Code of Virginia, section , 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 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 nondiscrimination 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. The contractor will include the provisions of the foregoing paragraphs a, b and c in every subcontract or purchase order of over $10,000, so that the provisions will be binding upon each subcontractor or vendor. 2

8 DRUG-FREE WORKPLACE In accordance with the Code of Virginia, section , during the performance of this 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. For purposes of this section, drug-free workplace means a site for the performance of work done in connection with a specific contract awarded to a contractor in accordance with this chapter, the employees of whom are prohibited from engaging in the unlawful manufacture, sale, distribution, dispensation, possession or use of any controlled substance or marijuana during the performance of the contract. IMMIGRATION LAWS During the performance of this contract, the Contractor shall not knowingly employ an unauthorized alien as defined in the Federal Immigration Reform Act of WORK SCHEDULE Contractor shall commence construction in accordance with a written Notice to Proceed to be issued by City. Contractor shall complete total construction of the project by September 18, Contractor shall include time within the work schedule to allow for coordination of noted utility relocations and/or possible utility infrastructure emergencies to be performed by others. Times for completion may be extended for delays caused by acts of God which prevents the prosecution of any work on the project, if Contractor requests an extension of time within ten (10) calendar days of the delaying event and City approves an extension of time in writing. City s approval shall not be unreasonably withheld. DILIGENCE Contractor shall at all times maintain sufficient personnel, material and equipment, including necessary subcontractors, on the project to prosecute the work on every day that weather permits except for Sundays and authorized holidays observed by City unless otherwise approved by City. Contractor s failure to prosecute the work as set forth herein 3

9 may be cause for City to close the project and keep the project closed until Contractor has provided adequate assurances that sufficient personnel, material and equipment will be present on the project at all times in the future. Additionally, Contractor shall provide a full time Project Superintendent who shall be present on the project at all times work is in progress. In instances of the Project Superintendent s necessary absence, Contractor shall designate another qualified person to assume the responsibilities of Project Superintendent until the return of the Project Superintendent and shall make said person s identity known to City s agent on the project prior to Project Superintendent leaving the project. Failure by the Contractor or Project Superintendent to comply with this provision may result in City s closure of the project until Contractor has provided sufficient assurance that qualified supervisory personnel will be present at all times in the future. Delays caused by a shut down shall not be cause for an extension of the contract time. The contract price payable by City shall be reduced by SEVEN HUNDRED FIFTY DOLLARS ($750.00) per day as liquidated damages to compensate City for each day the project is delayed beyond the contract completion times and unless such additional days are an approved extension of time. CONTRACT PRICE City shall pay to Contractor the sum of Dollars and Cents ($ ), subject to additions and deletions as provided in the Contract Documents, for all work necessary for the proper completion of the construction project. Contractor shall complete all such work for the contract price agreed upon as set forth herinabove. There shall be no addition(s) or deletion(s) to the contract price without the prior written approval of a Change Order by City. SCHEDULE OF PROGRESS PAYMENTS City shall, by the tenth of each month, pay to Contractor all amounts for completed work billed to City by the twentieth of each preceding month, subject to the following reductions: 1. Contractor shall submit a monthly bill to City. Failure of Contractor to submit any monthly billing shall not be cause for City paying more than a single thirty (30) day billing at any time during the course of the project except as provided hereafter. 2. City shall hold five percent (5%) of all amounts billed until work on the project is ninety-eight percent (98%) completed. Upon verification of completion of ninetyeight percent (98%) of the project, City shall pay to the Contractor all retainage except for two percent (2%) of all amounts paid to date. Upon completion and 4

10 acceptance of the project by City, City shall pay all amounts due pursuant to the contract which remain unpaid, including any retainage still held. 3. If at any time total billings by Contractor to City as a percentage of the total contract price exceed the total of construction work done as a percentage of the total project to be completed, City shall retain the difference from all amounts which would otherwise be payable pursuant to this provision until the amounts billed and work completed as percentages are equal again. MISCELLANEOUS 1. This Agreement will be governed by the law of the Commonwealth of Virginia. 2. Each of the provisions and subprovisions of the Agreement are declared by the parties to be severable. If any provision and subprovision of this Agreement is declared to be invalid, all other provisions and subprovisions of this Agreement shall remain in full force and effect. 3. Contractor shall not assign any rights or obligations it has in this Agreement without prior written consent of the City. 4. Contractor shall submit to City, prior to commencement of construction, a list of subcontractors and materialmen whom Contractor proposes to involve in the construction project, said subcontractors or materialmen shall be subject to approval by City. If City objects to any Subcontractor or materialman, the basis for such objection shall be provided to the Contractor in writing. 5. No modification of this Agreement shall be effective unless the same shall be reduced to writing and executed by both parties to this Agreement. 6. Notices and all other writings given to City pursuant to this Agreement shall be made to G. Wallace McCulloch, P.E., City Engineer, 300 Lee Street, Bristol, Virginia , and to Contractor at Witness the signatures and seals of the parties the day, month and year first above written. THE CITY OF BRISTOL VIRGINIA 5

11 BY: Tabitha H. Crowder, City Manager ATTEST: Pam Venable, City Clerk STATE OF VIRGINIA CITY OF BRISTOL The foregoing instrument was acknowledged before me this day of, 2015, by Tabitha H. Crowder, City Manager on behalf of the City of Bristol, Virginia, a Virginia Municipal Corporation. Notary Public My Commission Expires 6

12 CONTRACTOR BY: (Title) ATTEST: (Title) STATE OF VIRGINIA CITY/COUNTY OF The foregoing instrument was acknowledged before me this day of, 2015, by on behalf of. Notary Public My Commission Expires 7

13 BRISTOL, VIRGINIA CITY COUNCIL AGENDA ITEM SUMMARY Meeting Date: March 24, 2015 Department: City Manager/Finance Bulk Item: Yes _ No _X Staff Contact: Tabitha Crowder/Kim Orfield AGENDA ITEM WORDING: Presentations by Outside Agencies. ITEM BACKGROUND: For Fiscal Year , outside agencies can present their funding requests directly to Council and Staff at this Regular City Council Meeting. PREVIOUS RELEVANT ACTION: February 10, 2015 Budget Calendar Discussion March 10, 2015 Presentation of Initial Draft Budget Staff Recommendations: No action is required. DOCUMENTATION: Included Not Required X MOTION: AGENDA ITEM # Revised 03/10