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HomeMy WebLinkAbout8/16/2022 - Regular1 Vinton Town Council Regular Meeting Council Chambers 311 South Pollard Street Tuesday, August 16, 2022 AGENDA Consideration of: A. 6:00 p.m. - ROLL CALL AND ESTABLISHMENT OF A QUORUM B. MOMENT OF SILENCE C. PLEDGE OF ALLEGIANCE TO THE U. S. FLAG D. UPCOMING COMMUNITY EVENTS/ANNOUNCEMENTS E. REQUESTS TO POSTPONE, ADD TO OR CHANGE THE ORDER OF AGENDA ITEMS F. CONSENT AGENDA 1. Consider approval of the minutes of the Regular Meeting of July 19, 2022 G. AWARDS, INTRODUCTIONS, PRESENTATIONS, PROCLAMATIONS 1. Recognition of Promotions in the Police Department – Chief Drumond 2. Recognition of Town Staff who assisted in the D&R Music Fire – Town Manager H. CITIZENS’ COMMENTS AND PETITIONS - This section is reserved for comments and questions for issues not listed on the agenda. I. PUBLIC HEARING 1. Consideration of public comments concerning the proposed amendment to the Town of Vinton’s FY 2022-2023 budget to appropriate funding for milling and paving, pavement striping and marking, the Walnut Avenue Bike/Pedestrian Accommodations Project from 5th Street to the Town’s West Limits, ARPA funds, Garthright Bridge improvements, Greenway Project and Gish Mill Redevelopment Project in the total amount of $5,531,134.80 in the General Fund, Grant Fund, Capital Fund and Stormwater Fund. Sabrina M. McCarty, Vice Mayor Keith N. Liles, Council Member Laurie J. Mullins, Council Member Michael W. Stovall, Council Member Vinton Municipal Building 311 South Pollard Street Vinton, VA 24179 (540) 983-0607 2 a. Open Public Hearing • Report from Staff – Cody Sexton • Receive public comments • Council discussion and questions b. Close Public Hearing c. Consider adoption of a Resolution J. TOWN ATTORNEY K. TOWN MANAGER 1. BRIEFINGS a. Update on Capital Improvement Projects – Jamie Hurt 2. ITEMS REQUIRING ACTION 1. Consider adoption of a Resolution awarding a construction bid and authorizing the Town Manager to execute a contract with Jones Road & Bridge, Inc. (formerly Boring Contractors, Inc.), in the amount of $1,456,207.41 for the construction of the Walnut Avenue Bike/Pedestrian Accommodations Project from 5th Street to the Town’s West Limits – Anita McMillan 2. Consider adoption of a Resolution awarding a Professional Engineering, Construction Engineering, Management, and Inspection Services Contract and authorizing the Town Manager to execute the contract with Wetland Studies and Solutions, Inc. (WSSI), for the Woodland Place Stream Restoration Project – Anita McMillan 3. Consider adoption of a Resolution accepting the Assignments of Rights of the following real estate Tax Parcel Nos. 060.15-07-17.00-0000, 060.15- 07-52.00-0000, and 060.15-06-06.00-0000, located in the Town of Vinton, and authorizing the exercise of the Assignments and closing on the necessary portions of the properties along Walnut Avenue for the Walnut Avenue Bicycle and Pedestrian Accommodations Project from 1st Street to W. Lee Avenue – Anita McMillan 4. Consider adoption of a Resolution awarding a bid and authorizing the Town Manager to execute a contract with Burleigh Construction Co, Inc. in the amount of $421,065.00 for the Bridge Rehabilitation - Garthright Bridge (Gus Nicks Blvd) over NS Railroad – Bo Herndon 5. Consider adoption of a Resolution appointing Andrew Keen, Finance Director as the new Deputy Town Treasurer – Cody Sexton 6. Consider approval of the May 31, 2022 Financial Report – Andrew Keen/ Cody Sexton 3. PROJECT UPDATES/COMMENTS L. REPORTS FROM COMMITTEES 1. Public Works Committee – Bo Herndon 3 M. COUNCIL N. MAYOR O. ADJOURNMENT NEXT COMMITTEE/TOWN COUNCIL MEETINGS: September 6, 2022 – 6:00 p.m. – Regular Council Meeting – Council Chambers September 14, 2022 – 2:00 p.m. – Finance Committee Meeting – TOV Conference Room NOTICE OF INTENT TO COMPLY WITH THE AMERICANS WITH DISABILITIES ACT. efforts will be made to provide assistance or special arrangements to qualified individuals with disabilities in order to participate in or attend Town Council meetings. Please call (540) 983-0607 at least 48 hours prior to the meeting date so that proper arrangements may be made. Meeting Date August 16, 2022 Department Town Clerk Issue Consider approval of the minutes of the Regular Meeting of July 19, 2022 Summary None Attachments July 19, 2022 minutes Recommendations Motion to approve minutes Town Council Agenda Summary 1 MINUTES OF A REGULAR MEETING OF VINTON TOWN COUNCIL HELD AT 6:00 P.M. ON TUESDAY, JULY 19, 2022, IN THE COUNCIL CHAMBERS OF THE VINTON MUNICIPAL BUILDING LOCATED AT 311 SOUTH POLLARD STREET, VINTON, VIRGINIA MEMBERS PRESENT: Bradley E. Grose, Mayor Sabrina McCarty, Vice Mayor Keith N. Liles Laurie J. Mullins Michael W. Stovall STAFF PRESENT: Cody Sexton, Assistant Town Manager Susan N. Johnson, Executive Assistant/Town Clerk Jeremy Carroll, Town Attorney Fabricio Drumond, Police Chief Andrew Keen, Finance Director Nathan McClung, Assistant Planning & Zoning Director The Mayor called the meeting to order at 6:00 p.m. The Town Clerk called the roll with Council Member Liles, Member Stovall, Vice Mayor McCarty Grose present. Roll call After a Moment of Silence, Council Member Liles led the Pledge of Allegiance to the U.S. Flag. Under upcoming community events/ announcements, Vice Mayor McCarty announced the following: July 23 - 5:30 p.m. - Market with Low-Low Chariot and Adam Rutledge – Farmers’ Market; July 28 – 8:00-10:00 a.m. – Pancakes with Police – Our Daily Bread; August 2 – 6:00 p.m. - National Night Out - Community Center; August 6 – 10:00 a.m. – 2:00 p.m. – Open House - Vinton History Museum; August 6 – 9:00 a.m. – 1:00 p.m. – arts, crafts and local entertainment – Farmers’ Market; August 11 – back to school for Roanoke County; August 13 – 7:00 p.m. – Mingle at the Market with 5 Dollar Shake – Farmers’ Market. Getters” will meet every 2nd Saturday and 4th Southampton Neighborhood. Council Member Mullins made a motion to approve the motion was seconded by Council Member Liles and voting: Vote 5-0; Yeas (5) – Liles, Mullins, Stovall, McCarty, Grose; Nays (0) – None. Approved minutes of the Meeting of June 7, 2022, Regular Meeting of June 7, 2022 and June 21, 2022 Under awards, introductions, presentations proclamations, Cody Sexton made brief comments 2 and introduced Andrew Keen, the new Finance Director. After comments from Mr. Keen, the Mayor and Council welcomed him to the Town. The next item on the agenda was an update the Vinton First Aid Crew. Chief Chris Sayre gave through June of 2022 as follows: truck mark-up-329 during volunteer hours (6:00 p.m.-6:00 a.m. – Monday through Friday and all day on Saturday and Sunday); responded to 478 calls for 58% and handled 418 for 51%. Depending on what the call is, either they make take the patient to the hospital or the career staff. Chief Sayre next commented the Crew handled 347 calls that were dispatched during volunteer hours for a total of 7,534 man hours compared to last year of 5,103. The fractile response time is defined as the ability of the department to respond within a given time 90% of the time. The Crew’s goal is 9 minutes, 33 seconds and their current average is 5 minutes and 33 seconds, which is measured from the time a call is dispatched to the time a unit marks on scene. They had an ALS marked up 21% of the time and a BLS unit marked up 59% of the time. Chief Sayre next commented recruitment of the Crew including visits to the high schools. Currently three people are application process and two of them are expected to joint the crew within the next month. Two members have upgraded Paramedic, which is the top level of certification you advanced EMTs, two paramedics and a few uncertified members who are in the process of trying to get into a class for their EMTs. In response to a question from the Mayor concerning commented that if they are not available, the call will they Roanoke and Bedford County. With regard to a question from the Mayor concerning Crew, Ch minimum of 24 hours a month which is two 12-hour shifts and they let you pick the days you would like 3 have to be an EMT to be a member, but will have to be certified as an EMT within 18 months of joining the organization. The next item on the agenda was a briefing on the Town of Vinton’s 2022 Annual Progress Report adopted 2019 Roanoke Valley- Hazard Mitigation Plan that was adopted on October 15, 2019, by the Vinton Town Council. Nathan McClung enables Town residents with flood insurance policies to receive a 10% reduction in their premium because the Town does certain tasks every year and gets re- certified every five years. commented on the projects highlighted in blue on the agenda package. In response to a question from the Mayor, Mr. McClung responded the 10% reduction is not automatic and they would need to talk with their insurance agent that writes their policy. Also, even if you are outside the special flood hazard area, you can get some form of reduction, which is less than the 10%. The next item on the agenda was to consider SMART SCALE funds for the Roundabout Project at Hardy Road/Bypass Road (Rt. 24) and Hardy Road (Rt. 634). Nathan McClung first commented this is Round 5 of this grant program and the deadline for the application is August 1, 2022. This project has been in the pipeline and has been referenced in the former long- Region. The project signalized intersection and convert it into a two-lane signalization and allow for traffic flow both eastward and westward through different configurations. This is an early conceptual rendering prepared by RK&K VDOT with oversight by the Town and the estimated budget is $4,097,000. There is minimal right-of-way acquired would become future stormwater basins in private property owners. 4 The project prioritization pipeline is a new VDOT program for localities and they hired RK&K to develop this concept and a solid cost estimate for us. The Resolution tonight is in support of the application itself. Between August 1, 2022 and January 1, 2023, applications and then will make a recommendation June of 2023, we should know which projects will be funded going forward. Since this is a six- SCALE 2024 application, we would not be looking at construction until at least 2028. We could start the preliminary engineering phase by 2025 a right-of- earlier timeframe. This is a very long-term plan just work on of this magnitude. Council Member Li seen a traffic light so close to a roundabout like the Clearview light. Mr. McClung commented that there intersection with its proximity to the roundabout. An planning continues, the Clearview light would have same function as it does now. Council Member Liles SMART SCALE in 2024, we are going to be in 2035 before we get the Washington/Bypass intersecti Washington/Bypass roundabout is a top priority, we could apply in the next grant cycle or explore other project timeline, priority for this grant cycle. Council Member Mullins asked if we get the grant the expressed concerns about the project and people going through Dillon Woods and taking the short cut to Clearview to come out at the light and avoid the roundabout. 5 After additional comments, Council Member Stovall made a motion to adopt the Resolution as presented; the motion was seconded by Council Member Liles and carried by the following roll call vote, with all members voting: Vote 5-0; Yeas (5) – Liles, Mullins, Stovall, McCarty, Grose; Nays (0) – None. Mr. McClung further commented that this is an early concept and when we actually get to the preliminary engineering stage, it is subject to change to a more robust study. Adopted Resolution No. 2504 authorizing the Town Manager to file an application for the funds for the Roundabout Project at Hardy Road (Rt. 634) Cody Sexton expressed appreciation to Chief Drumond, Bo Herndon, Chewning with the Chamber for their assistance with at the D&R Music fire on July 2nd working with Roanoke County to have a recognition event the first week of August for everyone involved and more information will be forthcoming. Mr. notice that our second deposit of the ARPA funds is on the way and the State has assured us they have received the funds and will be distributing them within 30 days of June 28th. Comments from Council: Council Member Mullins commented that the Mingle at the Market on July 23rd is Byrd High School Classes of 1989-1991 and there is an all class reunion scheduled at the Vinton Moose Lodge in August; Vice Mayor McCarty’s restaurant shout-outs for Bob’s Restaurant and R&D Coffee and Council Member Liles as well as other Council Members commented on the July 4th event and the tragic D&R Music fire. the Four on the 4th cutting at Henritze Dental Group in Vinton. Council Member Mullins made a motion to adjourn the meeting; the motion was seconded by Vice Mayor McCarty vote, with all members voting: Vote 5-0; Yeas (5) – Liles, Mullins, Stovall, McCarty, Grose; Nays (0) – 6 APPROVED: _________________________________ Bradley E. Grose, Mayor ATTEST: _________________________________ Susan N. Johnson, CMC, Town Clerk Meeting Date August 16, 2022 Department Police Issue Recognition of Promotions in the Police Department Summary Chief Drumond will announce the following Police Department Promotions: Sergeant – Brandon Alterio Sergeant – Andrew O’Connor Sergeant – Jeremy Shrewsbury Corporal – Christopher Shively Detective Corporal – Silas Chapman Detective – Justin Baker Star City Drug and Violent Crime Task Force Detective – Andrew DiCarlo Community Resource Officer – William Holland Attachments None Recommendations No action required Town Council Agenda Summary Meeting Date August 16, 2022 Department Administration Issue Recognition of Town Staff who assisted in the D&R Music Fire Summary Council will recognize the following Town Staff who assisted in the D&R Music Fire on July 2, 2022: Administration: Cody Sexton, Donna Collins Community Programs: Chasity Barbour Police: Chief Drumond, Detective Corporal Silas Chapman, Sergeant Andrew O’Conner, Officer Brandon Settles Public Works: Bo Herndon, Jason Davison, Jimmy Brown, Banks Bradford, Kevin Orange Attachments None Recommendations No action required Town Council Agenda Summary 1 Meeting Date August 16, 2022 Department Finance/Treasurer Issue Consideration of public comments concerning the proposed amendment to the Town of Vinton’s FY 2022-2023 budget to appropriate funding for milling and paving, pavement striping and marking, new street signals, the Walnut Avenue Bike/Pedestrian Accommodations Project from 5th Street to the Town’s West Limits, American Rescue Plan Act (ARPA) funds, Garthright Bridge improvements, Phase 2B of the Glade Creek Greenway, the Gish Mill Redevelopment Project, and a stormwater improvement project in the total amount of $5,531,134.80 in the General Fund, Grant Fund, Capital Fund and Stormwater Fund. Summary As of June 30, 2022, a number of large capital and maintenance projects had been planned but not completed when the fiscal year ended. As a result, the appropriations for those projects expired and needed to be rolled forward into fiscal year 2022-2023 in order to move forward with those projects. These projects included pavement striping and marking, the Walnut Avenue Bike/Pedestrian Accommodations Project from 5th Street to the Town’s West Limits, the Garthright Bridge improvements, Phase 2B of the Glade Creek Greenway, the Gish Mill Redevelopment Project, and the stormwater project behind the Woodland Place off of Niagara Road. All of these projects were funded in the previous fiscal year and are proposed to have their funding roll forward into the current fiscal year for completion. Moreover, some projects scheduled for completion in the current fiscal year had their funding split across fiscal years. Part of the funding for these projects was in fiscal year 2021-2022, and the remaining funding was included in the fiscal year 2022-2023 budget. As a result, the funding for the projects in the previous fiscal year needs to be rolled forward into the current fiscal year in order to make those project budgets whole. These projects include the annual milling and paving, the payments of ARPA money to the Western Virginia Water Authority (WVWA) for projects in the Town’s utility service area, and the replacement of three signals along Hardy Road. The paving and signal projects will be completed within the next month, and the payments to the WVWA will conclude in November 2022. No new projects are included for funding in this resolution. Town Council Agenda Summary 2 Section 15.2-2507 of the 1950 Code of Virginia, as amended, requires any locality to hold a Public Hearing in order to amend its budget when any such amendment exceeds one percent (1%) of the total expenditures show in the currently adopted budget. The Notice of this Public Hearing was advertised in The Roanoke Times on August 8, 2022. Attachments Resolution Recommendations Conduct Public Hearing Motion to adopt Resolution RESOLUTION NO. AT A REGULAR MEETING OF THE VINTON TOWN COUNCIL, HELD ON TUESDAY, AUGUST 16, 2022, AT 6:00 P.M., IN THE COUNCIL CHAMBERS OF THE VINTON MUNICIPAL BUILDING, 311 SOUTH POLLARD STREET, VINTON, VIRGINIA 24179. WHEREAS, as of June 30, 2022, several large capital and maintenance projects were funded in FY2021-2022 that had been planned, but not completed and appropriations for those projects expired and need to be rolled forward into FY2022-2023 in order to move forward with those projects; and WHEREAS, several projects scheduled for completion in FY2022-2023 had their funding split across FY2021-2022 and FY2022-2023 and appropriations for those projects in FY2021-2022 need to be rolled forward in order to make those project budgets whole; and WHEREAS, Section 15.2-2507 of the 1950 Code of Virginia, as amended, requires any locality to hold a Public Hearing in order to amend its budget when any such amendment exceeds one percent (1%) of the total expenditures show in the currently adopted budget; and WHEREAS, the Notice of this Public Hearing was advertised in The Roanoke Times on August 8, 2022. NOW, THEREFORE, BE IT RESOLVED that the Vinton Town Council does hereby approve the transfers as shown on the attached. This Resolution adopted on motion made by Council Member______ , seconded by Council Member ___________________, with the following votes recorded: AYES: NAYS: APPROVED: Bradley E. Grose, Mayor ATTEST: ______________________________________ Susan N. Johnson, CMC, Town Clerk GENERAL LEDGER GL Account Description Debit Credit 200.25100 Appropriations 996,065.00 200.25000 Estimated Revenue 996,065.00 MOVE FUNDS TO: GL Account Description 200.1203.717 Milling and Paving 800,000.00 200.4101.719 Pavement Striping and Marking 75,000.00 200.9950.905 Transfer to Capital Fund 121,065.00 MOVE FUNDS FROM: GL Account Description 200.1899.008 Re-Appropriated Fund Balance 996,065.00 GENERAL LEDGER GL Account Description Debit Credit 250.25100 Appropriations 3,398,552.00 250.25000 Estimated Revenue 3,398,552.00 MOVE FUNDS TO: GL Account Description 250.1070.553 Walnut Ave 5th West Materials 1,902,569.00 250.1150.799 WVWA ARPA Transfer 1,495,983.00 MOVE FUNDS FROM: GL Account Description 250.1070.001 Walnut Ave 5th West Revenue 1,902,569.00 250.1150.001 ARPA CSLFRF NEU REVENUE 1,495,983.00 GENERAL LEDGER GL Account Description Debit Credit 400.25100 Appropriations 851,644.00 400.25000 Estimated Revenue 851,644.00 MOVE FUNDS TO: GL Account Description 400.4101.372 Garthright Bridge Improvements 421,065.00 400.4108.302 Contractual Services 71,337.00 400.8101.545 Greenway Expenditures Match 80,000.00 400.8150.724 Gish Mill Delivery 279,242.00 MOVE FUNDS FROM: GL Account Description 400.1899.010 Re-Appropriated Fund Balance 430,579.00 400.4105.001 Transfer from General Fund 121,065.00 400.4101.799 Capital Outlay 300,000.00 GENERAL LEDGER GL Account Description Debit Credit 600.25100 Appropriations 284,873.80 600.25000 Estimated Revenue 284,873.80 MOVE FUNDS TO: GL Account Description 600.6205.799 Capital Outlay - Grant Match 284,873.80 MOVE FUNDS FROM: GL Account Description 600.1899.010 Re-Appropriated Fund Balance 284,873.80 STORMWATER FUND BUDGET TRANSFERS - COUNCIL ACTION ITEM - AUGUST 16, 2022 Revised GENERAL FUND GRANT FUND CAPITAL FUND Meeting Date August 16, 2022 Department Administration Issue Update on Capital Improvement Projects Summary Jamie Hurt, Capital Projects Manager, will provide a progress briefing on the following projects: • Walnut Ave Parking Lot Project • Community Park Development at the former pool site • War Memorial Facility Assessment & Evaluation Attachments None Recommendations No action required Town Council Agenda Summary Meeting Date August 16, 2022 Department Planning and Zoning Issue Consider adoption of a Resolution awarding a construction bid and authorizing the Town Manager to execute a contract with Jones Road & Bridge, Inc. (formerly Boring Contractors, Inc.), in the amount of $1,456,207.41 for the construction of the Walnut Avenue Bike/Pedestrian Accommodations Project from 5th Street to the Town’s West Limits. Summary The Invitations to Bid (ITB) were advertised twice; first on April 8, 2022, with a due date of May 5, 2022, and again on June 16, 2022, with a due date of July 14, 2022, respectively. The Town only received one bid for the first ITB, from Virginia Infrastructure, in the amount of $2,067,508.00. The bid had to be rejected since the bid amount exceeded the funds available. After the Project’s second ITB, two bids were received: Contractor’s Name Total 1. Combs Land Solutions, LLC, DBA Summit Contracting $1,800,000.00 2. Boring Contractors, Inc. $1,456,183.85 Jones Road & Bridge, Inc. (formerly Boring Contractors, Inc.) has been deemed to be the apparent lowest responsible and responsive bidder by the Town’s engineering consultant, Mattern & Craig, Inc. As noted by Mattern & Craig’s engineer, both bids contained minor errors, but they did not change the apparent low bidder. On July 19, 2022, a letter with supporting documents requesting VDOT’s authorization to award the construction project to Jones Road & Bridge, Inc. (formerly Boring Contractors, Inc.), were submitted to VDOT Salem District Locally Administered Project Coordinator for VDOT’s review and approval. Authorization from VDOT to award the construction contract was received via email on July 28, 2022. The awarded contract price is $1,456,207.41, with the unit price work as shown in the bid tab. Attachments Bid Tab for the ITB TOV PZ-2022-008 WA5thTWL Resolution Recommendations Motion to adopt Resolution Town Council Agenda Summary I:\4022 - Vinton - Walnut Avenue\Clerical\04 - Bid Documents\Re-bid\04 - Bids_Bid Tab\Walnut Ave Bid Summary (4022).docx MATTERN & CRAIG, INC. CONSULTING ENGINEERS • SURVEYORS 701 FIRST STREET, S.W. ROANOKE, VIRGINIA 24016 (540) 345-9342 (540) 345-7691 BID TABULATION WALNUT AVENUE BICYCLE AND PEDESTRIAN ACCOMMODATIONS 5TH STREET TO TOWN WEST LIMITS VDOT PROJECT NO.: RSTP-149-250, UPC # 111649 BID DATE: JULY 14, 2022 @ 3:00 P.M. COMMISSION NO: 4022 CONTRACTOR BID BOND BASE BID AMOUNT BID ITEM A AMOUNT BID ITEM B AMOUNT TOTAL BID AMOUNT Summit Contracting  1,505,158.00 260,488.00 34,354.00 1,800,000.00 Boring Contractors  1,184,435.73 156,055.00 115,743.13 1,456,183.85 Bid Item No. A: Concrete Sidewalk (North Side of Walnut Avenue) Bid Item No. B: Landscaping EXPANDED BID TABULATION (7/14/2022) Walnut Avenue Bicycle Pedestrian Accommodations - 5th Street to Town’s West Limits ITB #: TOV-2022-008-PZ WA5THTWL VDOT Project No.: RSTP-149-250, UPC # 111649 1 OF 2 1 General Conditions / Up-front Requirements: Sub-total = $290,000.00 $481,146.00 $142,500.00 -$147,500.00 -51% 2 Demolition & Removal: Sub-total = $82,650.00 $45,000.00 $65,000.00 -$17,650.00 -21% 3 Site Preparation: Sub-total = $90,103.00 $119,090.00 $113,600.00 $23,497.00 26% 4 Roadway Improvements / Paving / Paving Markings: Sub-total = $610,867.00 $626,272.00 $607,986.00 -$2,881.00 -0.47% 5 Utilities (Water & Sewer): Bid Item No.Description Unit Estimated Quantity Engineer Summit Contracting Boring Contractors Unit Price Price Bid Unit Price Bid Price Difference (Dollar) Difference (Percent) Bid Unit Price Bid Price Difference (Dollar) Difference (Percent) EXPANDED BID TABULATION (7/14/2022) Walnut Avenue Bicycle Pedestrian Accommodations - 5th Street to Town’s West Limits ITB #: TOV-2022-008-PZ WA5THTWL VDOT Project No.: RSTP-149-250, UPC # 111649 2 OF 2 Sub-total = $47,050.00 $69,410.00 $81,250.00 $34,200.00 73% 6 Storm Drainage: Sub-total = $120,760.00 $164,160.00 $174,095.00 $53,335.00 44% TOTAL BASE BID = $1,241,430.00 $1,505,078.00 $1,184,431.00 -5% BID ITEM A: Concrete Sidewalk (North Side of Walnut Avenue) TOTAL BID ITEM A = $121,299.50 $260,488.00 $139,188.50 115%$156,005.00 $34,705.50 29% BID ITEM B: Landscaping TOTAL BID ITEM B = $77,676.50 $34,354.00 -$43,322.50 -56%$115,771.41 $38,094.91 49% TOTAL BID (BASE BID + BID ITEM A + BID ITEM B) = $1,440,406.00 $1,799,920.00 $359,514.00 24.96%$1,456,207.41 $15,801.41 1.10% Bid Item No.Description Unit Estimated Quantity Engineer Summit Contracting Boring Contractors Unit Price Price Bid Unit Price Bid Price Difference (Dollar) Difference (Percent) Bid Unit Price Bid Price Difference (Dollar) Difference (Percent) RESOLUTION NO. AT A REGULAR MEETING OF THE VINTON TOWN COUNCIL, HELD ON TUESDAY, AUGUST 16, 2022, AT 6:00 P.M., IN THE COUNCIL CHAMBERS OF THE VINTON MUNICIPAL BUILDING, 311 SOUTH POLLARD STREET, VINTON, VIRGINIA. WALNUT AVENUE BICYCLE AND PEDESTRIAN ACCOMMODATIONS PROJECT- 5TH STREET TO THE TOWN’S WEST CORPORATE LIMIT WHEREAS, the Invitations to Bid (ITB) were advertised twice; on April 8, and June 16, 2022, respectively, for the construction of the Project, and WHEREAS, on July 14, 2022, the due date of the second Invitations to Bid (ITB), the Town received two (2) ITB, and Boring Contractors, Inc., was the lowest responsible and responsive bidder, and a letter was sent to Virginia Department of Transportation (VDOT) Salem District requesting authorization to award the construction project to Boring Contractors, Inc., and WHEREAS, on July 28, 2022, VDOT’s approval was received for the Town to award the construction contract to Jones Road & Bridge, Inc. (formerly Boring Contractors, Inc.), in the amount of $1,456,207.41, for the Walnut Avenue Bicycle and Pedestrian Accommodations Project – 5th Street to Town’s West Limits; and WHEREAS, the Project construction bid needs to be awarded and a contract executed for the construction of Walnut Avenue Bicycle and Pedestrian Project. NOW, THEREFORE, BE IT RESOLVED, that the Vinton Town Council does hereby award the bid and authorizes the Town Manager to execute a contract with Boring Contractors, Inc., in an amount of $1,456,207.41, for the construction of the Walnut Avenue Bicycle and Pedestrian Accommodations Project – 5th Street to Town’s West Limits. This Resolution adopted on motion made by Council Member _____________, seconded by Council Member ________________, with the following votes recorded: AYES: NAYS: APPROVED: ___________________________________ Bradley E. Grose, Mayor ATTEST: _____________________________ Susan N. Johnson, Town Clerk Meeting Date August 16, 2022 Department Planning and Zoning Issue Consider adoption of a Resolution awarding a Professional Engineering, Construction Engineering, Management, and Inspection Services Contract and authorizing the Town Manager to execute the contract with Wetland Studies and Solutions, Inc. (WSSI), for the Woodland Place Stream Restoration Project. Summary The Project is to be funded through the Virginia Stormwater Local Assistance Fund (SLAF) and the Town’s stormwater fund. A Request for Proposals to provide the professional engineering, construction engineering, management, and inspection services was issued on January 28, 2022, with a due date of March 3, 2022. The Town received five (5) proposals, and four (4) firms were interviewed on May 4, and 5, 2022. Based on the selection committee’s rankings of the proposals and interviews, a Notice of Intent to Award was issued to WSSI on June 7, 2022. Discussion about the scope of work and fee took place beginning in mid-June 2022, with the final agreement reached on July 25, 2022. The Town’s RFP, WSSI’s RFP submittal, scope of services and fees proposal were submitted to the Town Attorney for his review and approval. Attachments 1. Town of Vinton and WSSI Professional Engineering, Construction Engineering, Management, and Inspection Services Contract for Woodland Place Stream Restoration Project. 2. WSSI Scope of Services and Fees Proposal 3. Resolution Recommendations Motion to adopt the Resolution Town Council Agenda Summary TOV-2022-006-PZ _Woodland Place Stream Project: TOV and WSSI Contract: Page 1 of 15 TOWN OF VINTON, VIRGINIA PROFESSIONAL ENGINEERING, CONSTRUCTION ENGINEERING, MANAGEMENT, AND INSPECTION SERVICES CONTRACT Contract Number: TOV-2022-006-PZ Woodland Place Stream Restoration Project THIS CONTRACT, made the day of , by and between the Town of Vinton, Virginia, hereinafter referred to as "the Town", and Wetland Studies and Solutions, Inc. (WSSI), 5450 Peters Creek Road, Suite 110, Roanoke, VA 24019, hereinafter referred to as "the Consultant". WHEREAS, the Town requires professional engineering, construction engineering, management, and inspection services for the Woodland Place Stream Restoration Project; hereinafter referred to as a “PROJECT” and, WHEREAS, a PROJECT may be funded wholly or in part by the Virginia Department of Environmental Quality (VDEQ) Stormwater Local Assistance Fund (SLAF) and the Town Stormwater Fund. The Project is being administered locally by the Town; and, WHEREAS, the Consultant desires to provide the professional engineering, construction engineering, management, and inspection services for the PROJECT as requested by the Town; and, WHEREAS, this Contract shall be in effect until the completion of the PROJECT including the VDEQ final review and approval of the PROJECT’s construction documentation; and, WHEREAS, this Contract states the duties and responsibilities of the Town and of the Consultant related to the providing of such professional engineering, construction engineering, management, and inspection services to the Town. WITNESSETH that the Town and Consultant, in consideration of the mutual covenants, promises, and agreements contained herein, agree as follows: SCOPE OF SERVICES: The Consultant shall provide the professional engineering, construction engineering, management, and inspection services to the Town as set forth in Town of Vinton TOV-2022-006-PZ Request for Proposal (RFP) attached hereto as Exhibit A; the Consultant’s Proposal attached hereto as Exhibit B; and the Consultant’s Scope of Services and Fees Proposal/Letter of Agreement, dated June 15, 2022 and revised July 25, 2022, including Attachments A and B, which is attached hereto as Exhibit C. TOV-2022-006-PZ _Woodland Place Stream Project: TOV and WSSI Contract: Page 2 of 15 CONTRACT PERIOD: The Contract Period shall commence from the date this Contract is signed by the Town and Consultant and be in force until the Project is complete and accepted by the Town and Virginia Department of Environmental Quality (VDEQ). CONTRACT DOCUMENTS: The Contract Documents shall consist of this signed Contract and all exhibits, written amendments, and/or addenda including: • Town’s Request for Proposal (RFP) dated January 28 2022, attached as Exhibit A; • Consultant’s Proposal dated March 3, 2022, attached as Exhibit B; • Consultant’s Scope of Services and Fees Proposal/Letter of Agreement, dated June 15, 2022 and revised July 25, 2022, attached as Exhibit C; • Any subsequent written amendments executed by the parties. In the event of a conflict among these Contract Documents, this Contract shall control over the Town’s RFP, which shall control over the Scope of Services and Fee Proposal, which shall control over the Consultant’s Proposal. ARTICLE I THE CONSULTANT'S RESPONSIBILITIES 1.1 The Consultant shall: a. Furnish all labor, materials, equipment, technical and professional services required to perform the Professional Construction Engineering, Management, and Inspection Services for the PROJECT. b. Perform all Professional Engineering, Construction Engineering, Management, and Inspection Services in accordance with generally accepted professional standards. The Consultant shall comply with all laws, ordinances, rules, regulations and other requirements of the Town of Vinton, the Commonwealth of Virginia, and Federal governmental agencies and authorities that are applicable to the PROJECT. c. Provide additional services that are not within the Scope of Services contained in Exhibits A, B, and C, as requested and approved in writing by the To wn. The cost of the additional services shall be submitted to the Town by the Consultant for review and approval prior to additional services being performed. Additional fees shall be based on either a lump sum or hourly not-to-exceed fee. The Parties shall utilize the hourly rates contained in Attachment A to Exhibit C to establish an hourly not-to-exceed fee for additional services and for additional reimbursable expenses. Additional services shall be authorized only if approved in advance, in writing by the Town. TOV-2022-006-PZ _Woodland Place Stream Project: TOV and WSSI Contract: Page 3 of 15 ARTICLE II TOWN'S RESPONSIBILITIES 2.1 The Town shall: a. Provide to the Consultant all information in possession of the Town which relates to the Town's requirements for the PROJECT or which, in the opinion of the Town, is relevant to the Consultant’s services to be provided on the P ROJECT . b. Review all preliminary drawings and estimates of construction costs; all final construction drawings, easement plats, and contract documents (if needed); all revised estimates of construction costs; and other documents presented by the Consultant. c. Make all reasonable efforts to provide access for the Consultant to enter upon public and private property as required for the Consultant to perform the services required under this Contract. d. Designate a person to act as the Town's representative with the Consultant with respect to the services to be performed. Such person shall have the authority to transmit instructions, receive information, interpret and define the Town's policies and decisions with respect to materials, equipment, elements, and systems pertinent to the Consultant's services. ARTICLE III COMPENSATIONAND METHOD OF PAYMENT 3.1 The Town of Vinton shall pay the Consultant a fixed fee of one hundred twelve thousand two hundred dollars and zero cents ($112,200.00) for all the Professional Engineering, Construction Engineering, Management, and Inspection Services to the provided by Consultant on the PROJECT under this Contract (“Contract Sum”), included herein as Exhibit C. No increase in the Contract Sum shall be made except by a written Change Order, Change Directive, or Modification executed by an authorized Town representative. 3.2 As stated in Exhibit C, all expenses are included in the fixed price fee. Reimbursable expenses for additional services not included in Exhibits A, B, and C, shall be submitted to the Town by the Consultant for review and approval prior to being incurred. Additional reimbursable expenses shall be based on the fee schedule contained in Attachment A to Exhibit C for additional reimbursable expenses. 3.3 The Consultant shall submit invoices to the Town on a monthly basis for progress payments for the PROJECT, accompanied by a brief narrative outlining the services provided and justifying the invoiced amount. After acceptance by the TOV-2022-006-PZ _Woodland Place Stream Project: TOV and WSSI Contract: Page 4 of 15 Town of that portion of the services to which the invoice charges relate, the Town shall pay the amount of invoice within thirty (30) days. Prior to being required to accept any invoice, the Town shall have the right to expend a reasonable time to verify information contained on any invoice and to correct any errors found. Invoices shall be mailed, emailed or delivered to: Anita J. McMillan Planning and Zoning Director/Project Manager 311 S. Pollard Street, Room 105 Vinton, VA 24179 3.4 Payments made to the Consultant shall not be considered as evidence of satisfactory performance, either in whole or in part, of the services provided by the Consultant or as acceptance of any portion of the PROJECT. ARTICLE IV PERFORMANCE SCHEDULE 4.1 The Consultant shall perform the services with such qualified personnel in sufficient numbers to complete the services according to the performance schedule included in Exhibit C. 4.2 The Consultant shall not be in default for delay in performance if the cause of such delay is beyond its control despite its good faith diligence in attempting to timely perform. Such causes may include, but are not restricted to, acts of God or the public enemy, fires, flood, epidemics, quarantine restrictions, government administration, strikes, freight embargoes, and unusually severe weather, but in every case the failure to perform must be beyond the Consultant’s control despite its good faith diligence in attempting to timely perform. ARTICLE V GENERAL PROVISIONS 5.1 In the event that the Consultant fails to perform the services within the time provided and within the terms of the Proposal, the Town may, at its sole option, terminate the services of the Consultant. The Town shall send a written termination notice either by hand delivery or certified mail to the Consultant of such termination. Termination shall be effective ten (10) days after the date of mailing or when received by the Consultant, whichever is sooner. The Town shall not be required to honor requests for payment submitted for services initiated after the effective date of written termination. Upon written application by the Consultant prior to the actual date of termination, the Town may, at its discretion, expressly grant an extension of time to the Consultant to perform the services or cure any breach of the TOV-2022-006-PZ _Woodland Place Stream Project: TOV and WSSI Contract: Page 5 of 15 terms of the Proposal. 5.2 The Town and the Consultant bind themselves and any successors and assigns to this Contract. The Consultant shall not assign, sublet, or transfer its obligations pursuant to this Contract to any third party without the prior written consent of the Town. Nothing hereinafter mentioned shall be construed as creating any personal liability on the part of any officer, agent or employee of the Town. This Contract shall not be construed as conferring benefits upon any person or entity other than to the Town and the Consultant. 5.3 The Consultant agrees to indemnify and hold harmless the Town, its elected officials, officers, and employees from losses and damages occurring or resulting to any and all persons, firms or corporations, furnishing work, services, materials, or supplies to the extent caused by the Consultant's negligence, failure to perform in accordance with the standard of care set forth in Article 1.1, or intentional wrong doing by the Consultant or any of its agents. This indemnification and hold harmless provision applies to all claims and losses resulting to any person, firm, or corporation who may be injured or damaged by the Consultant in the performance of this Contract. Consultant’s indemnity, defense, and hold harmless obligations will not extend to any claim or liability that is caused by the negligence or willful misconduct of the indemnified party or other third party not controlled by consultant; rather, such indemnification claims will be administered based upon a determination of the degree of comparative fault of each party. Notwithstanding anything to the contrary, in no event will Consultant be liable for any consequential, indirect, incidental, special, exemplary, punitive, or enhanced damages, and in no event will Consultant’s aggregate liability arising out of this Agreement, or the services performed exceed the amount of the applicable insurance limits set forth in the Agreement. 5.4 The parties hereto agree that the Consultant and any agents, or employees of the Consultant, in the performance of this Contract, act in an independent capacity and not as officers, employees or agents of the Town. 5.5 During the performance of this Contract, the Consultant agrees as follows: a. COMPLIANCE WITH LAWS AND REGULATIONS: The Consultant shall keep fully informed of all federal, state, and local laws, ordinances, and regulations, and all orders and decrees of bodies or tribunals having any jurisdiction or authority, which in any manner affect those engaged or employed on this Contract, or which in any way affect the conduct of the services provided by the Consultant. It shall at all times observe and exercise professional care to comply with, and shall cause its agents, subcontractors and employees to observe and comply with all such laws, ordinances, regulations, orders, and decrees; and shall protect and indemnify the Town and its employees and appointees against any liability to the extent caused by the violation of any such law, ordinance, regulation, order, or decree, whether by itself or its agents, subcontractors or employees. If any discrepancy or inconsistency TOV-2022-006-PZ _Woodland Place Stream Project: TOV and WSSI Contract: Page 6 of 15 is discovered between this Contract and any such law, ordinance, regulation, order, or decree, the Consultant shall immediately report the same to the Town in writing. b. VIRGINIA PROHIBITED EMPLOYMENT DISCRIMINATION: The Consultant, its agents, employees, assigns or successors, and any person, firm, or agency of whatever nature with whom it may contract or make an agreement, shall comply with the provisions of the Section 2.2-4311 of the Code of Virginia (1950), as amended. During the performance of this Contract, the Consultant agrees as follows: 1. The Consultant 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 Consultant. The Consultant agrees to post in conspicuous places, available to employees and applicants for employment, notices setting forth the provisions of this nondiscrimination clause. 2. The Consultant, in all solicitations or advertisements for employees placed by or on behalf of the Consultant, will state that the Consultant is an equal opportunity employer. 3. 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 Consultant will include the provisions of the foregoing paragraphs “1”, “2” and “3” in every subcontract or purchase order of over ten thousand dollars, so that such provisions will be binding upon each subcontractor or vendor. c. NON-DISCRIMINATION PROVISION: The Consultant agrees to abide by the provisions of Title VI and Title VII of the Civil Rights Act of 1964 (42 USC 2000e), which prohibits discrimination against any employee or applicant for employment, or any applicant or recipient of services, on the basis of race, religion, color, sex or national origin; and further agrees to abide by Executive Order No. 11246 entitled “Equal Employment Opportunity,” as amended by Executive Order No. 11375 and as supplemented in the Department of Labor Regulations (41 CFR Part 60), which prohibit discrimination on the basis of age. Section 49 CFR 21 is incorporated by reference in all contracts and subcontracts funded in whole or in part with federal funds. The Consultant shall comply with the Americans with Disabilities Act (ADA), and with the provisions of the Virginians with Disabilities Act, Sections 51.5 40 through 51.5 46 of the Code of Virginia (1950), as amended, the terms of which are incorporated herein by reference. In the event of the Consultant’s noncompliance with the nondiscrimination provisions of this Contract, the Town shall impose such contract sanctions as it or TOV-2022-006-PZ _Woodland Place Stream Project: TOV and WSSI Contract: Page 7 of 15 the Federal Highway Administration may determine to be appropriate, including but not limited to: 1. Withholding of payments to the Consultant under this Contract until the Consultant complies; and/or 2. Cancellation, termination or suspension of this Contract, in whole or in part. d. TITLE VI OF THE CIVIL RIGHTS ACT OF 1964: During the performance of this Contract, the Consultant, for itself, its assignees and successors in interest (herein referred to as “the Consultant”), agrees as follows: 1. Compliance with Regulations: The Consultant will comply with the Regulations of the U.S. Department of Transportation relative to nondiscrimination in Federally assisted programs of the U.S. Department of Transportation (Title 49), Code of Federal Regulations, Part 21, (hereinafter referred to as the Regulations), which are herein incorporated by reference and made a part of this Contract. 2. Nondiscrimination: The Consultant, with regard to the services provided by it after award and prior to completion of this Contract, will not discriminate on the grounds of race, religion, color, sex, national origin, age or handicap in the selection and retention of sub consultants, including procurements of materials and leases of equipment. The Consultant will not participate either directly or indirectly in the discrimination prohibited by Section 21.5 of the Regulations, including employment practices when the services cover a program set forth in Appendix B of the Regulations. 3. Solicitations for Subconsultants: In all solicitations, either by competitive bidding or negotiation made by the Consultant for work to be performed under a subcontract, including procurements of materials or equipment, each potential subcontractor or supplier shall be notified by the Consultant of the Consultant’s obligations under this Contract. 4. Information and Reports: The Consultant will provide all information and reports required by the Regulations, or orders and instructions issued pursuant thereto, and will permit access to its books, records, accounts, other sources of information, and its facilities as may be determined by the Town or the Federal Highway Administration to be pertinent to ascertain compliance with such Regulations, orders and instructions. Where any information required of the Consultant is in the exclusive possession of another who fails or refuses to furnish this information, the Consultant shall so certify to the Town, or the Federal Highway Administration as appropriate, and shall set forth what efforts it has made to obtain the information. Consultants and subconsultants with fifteen (15) or more employees will submit an updated Title VI Evaluation Report (EEO-D2) annually as long as the Consultant or subconsultant is performing in accordance with this Contract. 5. Sanctions for Noncompliance: In the event of the Consultant’s noncompliance with the nondiscrimination provisions of this Contract, the TOV-2022-006-PZ _Woodland Place Stream Project: TOV and WSSI Contract: Page 8 of 15 Town shall impose such contract sanctions as it or the Federal Highway Administration may determine to be appropriate, including but not limited to: withholding of payments to the Consultant under this Contract until the Consultant complies, and/or cancellation, termination or suspension of this Contract, in whole or in part. Incorporation of Provisions: The Consultant will include the provisions of paragraphs “1” through “5” in every subcontract of $10,000 or more, including procurements of materials and leases of equipment, unless exempt by the Regulations, order or instructions issued pursuant thereto. The Consultant will take such action with respect to any subcontractor or procurement as the Town or the Federal Highway Administration may direct as a means of enforcing such provisions including sanctions for noncompliance: Provided, however, in the event the Consultant becomes involved in, or is threatened with, litigation with a subcontractor or supplier as a result of such direction, the Consultant may request the Town to enter into such litigation to protect the interests of the Town and, in addition, the Consultant may request the United States to enter into such litigation to protect the interests of the United States. e. CERTIFICATION REGARDING NON-SEGREGATED FACILITIES: By the execution of this Contract, the Consultant certifies that it does not maintain or provide for its employees any segregated facilities at any of its establishments, and that it does not permit its employees to perform their services at any location, under its control, where segregated facilities are maintained. It certifies further that it will not maintain or provide for its employees any segregated facilities at any of its establishments, and that it will not permit its employees to perform their services at any location under its control, where segregated facilities are maintained. The Consultant further certifies that no employee will be denied access to adequate facilities on the basis of sex or disability. As used in this certification, the term “segregated facilities” means any waiting rooms, work areas, restrooms and washrooms, restaurants and other eating areas, time clocks, locker rooms and other storage or dressing areas, parking lots, drinking fountains, recreation or entertainment areas, transportation, and housing facilities provided for employees which are segregated by explicit directive or are in fact segregated on the basis of race, creed, color, national origin, age or handicap, because of habit, local custom or otherwise. It agrees that, except where it has obtained identical certification from proposed subcontractors and material suppliers for specific time periods, it will obtain identical certification from proposed subcontractors or material suppliers prior to the award of subcontracts or the consummation of material supply Contracts exceeding ten thousand dollars, and that it will retain such certifications in its files. f. DISADVANTAGED BUSINESS ENTERPRISES/SMALL, WOMAN AND MINORITY BUSINESS: The Contractor, its agents, employees, assigns, or successors, and any person, firm or agency of whatever nature with whom it may contract or make an agreement, shall comply with the provisions of 49 CFR Part 26, TOV-2022-006-PZ _Woodland Place Stream Project: TOV and WSSI Contract: Page 9 of 15 as amended, which is hereby made part of this Contract by reference. The Consultant shall take all necessary and reasonable steps in accordance with 49 CFR Part 26, as amended, to ensure that DBE firms have the maximum opportunity to compete for and perform contracts and subcontracts under this Contract. Subpart A of 49 CFR 26, Section 26.13 requires that each contract signed with a contractor (and that each subcontract the prime contractor signs with a subcontractor) must include the following assurance: g. TDD/TTY EQUIPMENT FOR THE DEAF: When seeking public participation through the maintenance of a toll-free hot line number and/or publishing project-related materials, the Consultant agrees to ensure that all citizens have equally effective communication. The Consultant agrees to provide or identify a telecommunications device for the deaf/teletypewriter (TDD/TTY) or acceptable means of telephone access for individuals with impaired speech or hearing. The Consultant will provide notice of a TDD/TTY number whenever a standard telephone number is provided. h. IMMIGRATION REFORM AND CONTROL ACT OF 1986: By signing this Contract, the Consultant certifies that it does not and will not during the performance of this Contract violate the provisions of the Federal Immigration Reform and Control Act of 1986, which prohibits employment of illegal aliens. i. OCCUPATIONAL SAFETY AND HEALTH STANDARDS: The Consultant shall not require any individual employed in the performance of this Contract to work in surroundings or under working conditions which are unsanitary, hazardous, or dangerous to health or safety as determined under the Occupational Safety and Health Standards promulgated by the United States Secretary of Labor. This provision shall be made a condition of any subcontract entered into pursuant to this Contract. In addition, the Consultant shall abide by the Virginia Occupational Safety and Health Standards adopted under Section 40.1 22 of the Code of Virginia (1950), as amended, and will fulfill the duties imposed under Section 40.1 51.1 of the Code of Virginia. Any violation of the aforementioned requirements or duties which is brought to the attention of the Consultant by any person shall be immediately abated. j. CERTIFICATION REGARDING DEBARMENT: By the execution of this Contract, the Consultant certifies to the best of its knowledge and belief, that it and its principals: 1. Are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from covered transactions by any Federal department or agency; 2. Have not within a three-year period preceding this proposal been convicted of or had a civil judgment rendered against them for commission of fraud or TOV-2022-006-PZ _Woodland Place Stream Project: TOV and WSSI Contract: Page 10 of 15 a criminal offense in connection with obtaining, attempting to obtain, or performing a public (Federal, State or local) transaction or contract under a public transaction; and have not been convicted of any violations of Federal or State antitrust statutes or commission of embezzlement, theft, forgery, bribery, falsification, or destruction of records, making false statements, or receiving stolen property; 3. Are not presently indicted for or otherwise criminally or civilly charged by a governmental entity (Federal, State or local) with commission of any of the offenses enumerated in paragraph (b) of this certification; and 4. Have not within a three (3) year period preceding this application/proposal had one or more public transactions (Federal, State or local) terminated for cause or default. k. CORRECTION OF ERRORS: The Consultant shall check for accuracy any reports, and the design, drafting and details of final plans prior to submission. The Consultant will be required, without additional compensation, to correct any errors, including but not limited to omissions, discrepancies and ambiguities, in any services performed in fulfillment of the obligations of this Contract, and shall also reimburse the Town for any costs incurred to the extent caused by Consultant’s errors, provided, however, the consultant shall not be liable for errors that result solely from Town-furnished information. Acceptance of the plans or reports by the Town shall not relieve the Consultant of the responsibility of subsequent correction of errors. Costs incurred by the Consultant in correcting errors in the plans or reports and reimbursing the Town for costs incurred by the Town as a result of such error shall be maintained in a separate account. Such account shall be clearly coded and identified, and shall be subject to audit by the Town. Such costs shall not be billed to the Town as a direct charge or an overhead item. l. PAYMENT TO SUBCONTRACTORS: In accordance with Article 4 of the Virginia Public Procurement Act (Sections 2.2-4347 through 2.2-4356 of the Code of Virginia (1950), as amended), the Consultant shall make payment to all subcontractors within seven (7) days after receipt of payment from the Town, or shall notify the Town and subcontractor in writing of the intention to withhold all or a part of the amount due along with the reason for nonpayment. In the event payment is not made as noted, the Consultant shall pay interest at the rate of one percent per month to the subcontractor, unless otherwise provided in this Contract, on all amounts that remain unpaid after seven (7) days except for the amounts withheld according to this Contract. The Town does not require retainage to be withheld by the Consultant on any subcontracts. If the Consultant elects to withhold retainage on subcontracts, prompt payment of the retainage shall be made to the subcontractors within the later of 60 days after the final billing is received by the Consultant from the TOV-2022-006-PZ _Woodland Place Stream Project: TOV and WSSI Contract: Page 11 of 15 subcontractor or the satisfactory acceptance of the services by the Town. The Town will notify the Consultant and the subcontractor in writing when the services have been satisfactorily accepted. If the retainage is not promptly paid, the Consultant shall notify the Town and the subcontractor in writing as to the reasons for not making payment. These same requirements shall be included in each subcontractor Contract and shall be applicable to each lower tier subcontractor. m. COMPLIANCE WITH LOBBYING RESTRICTIONS (This section only applies to contract using federal funds.): By signing this Contract, the Consultant certifies that: 1. Since promulgation of the federal requirements implementing Section 1352 of Title 31, U.S.C. (PL 101-121, Section 319) entitled “Limitation on use of appropriated funds to influence certain Federal contracting and financial transactions.”, no federal appropriated funds have been paid and none will be paid, by or on behalf of the Consultant, to any person for influencing or attempting to influence an officer or employee of any federal agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of a federal contract, the making of any Federal grant, the making of any federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any federal contract, grant, loan, or cooperative agreement; 2. If any funds other than federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any federal agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this federal contract, grant, loan, or cooperative agreement, the Consultant shall complete and submit Standard Form LLL, “Disclosure Form to Report Lobbying,” in accordance with its instructions; and 3. The Consultant shall require that the language of this certification be included in all subcontracts at all tiers, and that all subcontractors shall certify and disclose accordingly. n. RECORDS: The Consultant and subcontractors shall retain all books, documents, papers, accounting records and other evidence supporting the costs incurred, for three (3) years after payment of the final estimate or final audit, whichever is later. Such evidence shall be made available at the Consultant’s offices at all reasonable times and will be subject to audit and inspection by the Town, VDOT or any authorized representatives of the Federal Government. Evidence of costs incurred by a subcontractor shall be made available at its office at all reasonable times during the contract period between the Consultant and the subcontractor and for three years after written acceptance by the Consultant, for audit and inspection by the Town, VDOT or any authorized representatives of the TOV-2022-006-PZ _Woodland Place Stream Project: TOV and WSSI Contract: Page 12 of 15 Federal Government. It shall be the Consultant’s responsibility to notify the Town, in writing, of the completion of that subcontractor’s portion of the services so that the records of the subcontractor can be audited within the three-year retention period. Failure to do so may result in the Consultant’s liability for any costs not supported by the proper documentation for the subcontractor’s phase of the services. Final payment for the subcontractor’s phase of the services will be made after total costs are determined by the final audit of the subcontractor. o. DRUG-FREE WORKPLACE: During the performance of this contract, the ENGINEER agrees to: 1. Provide a drug-free workplace for the Consultant’s employees; 2. 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 Consultant’s workplace and specifying the actions that will be taken against employees for violations of such prohibition; 3. State in all solicitations or advertisements for employees placed by or on behalf of the Consultant that the Consultant maintains a drug-free workplace; and 4. 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. 5. For the purpose of this section, “drug-free workplace” means a site for the performance of work done in connection with a specific contract awarded to a consultant, 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. 5.6 The Consultant shall carry Public Liability Insurance in the amounts specified, including the contractual liability assumed by the Consultant: a. Workman’s Compensation and Employer’s Liability Coverage A – Statutory Requirements Coverage B - $100,000 Per Occurrence Coverage C - $100,000/$100,000 Accident and/or Disease b. Automobile Liability, including Owned, Non-Owned, and Hired Coverage Limits of Liability: Bodily Injury $1,000,000 each occurrence Property Damage $1,000,000 each occurrence OR Single Limit $2,000,000 each occurrence Bodily Injury Property Damage TOV-2022-006-PZ _Woodland Place Stream Project: TOV and WSSI Contract: Page 13 of 15 c. Comprehensive General Liability Limits of Liability: $1,000,000 each occurrence Bodily Injury $1,000,000 each occurrence Property Damage OR Single Limit $2,000,000 each occurrence Bodily Injury Property Damage 1. Completed Operation/Products 2. Contractual Liability for Specified Contract 3. Personal Injury 4. Medical Malpractice d. Professional Liability Aggregate $1,000,000 e. Excess Liability Umbrella Form Bodily Injury and Property Damage Combined (See Note 1) Note 1 – The intent of this insurance specification is to provide the coverage required and the limits expected for each type of coverage. With regard to the Automobile Liability and Comprehensive General Liability, the total amount of coverage can be accomplished through any combination of primary and excess umbrella insurance. However, the total insurance protection provided for Comprehensive General Liability protection or for Automobile Liability protection, either individually or in combination with Excess Liability Umbrella must total $2,000,000 per occurrence. Prior to commencing services under this Contract, the Consultant shall furnish the Town with certificates of insurance which indicate the required coverage and that the Town has been named as an additional insured with regard to the automobile and comprehensive general liability insurance policies. No cancellation of the insurance coverage mentioned herein shall be made without thirty (30) days prior written notice to the Town. 5.7 The Town reserves the right to terminate this Contract in whole or in part at any time, for any reason and without penalty, by ten (10) days prior written notice delivered either by hand or certified mail to the Consultant. At the end of such period, the Consultant shall have discontinued all work and services and shall have delivered to TOV-2022-006-PZ _Woodland Place Stream Project: TOV and WSSI Contract: Page 14 of 15 the Town all records, drawings, field notes, plans, or other data completed or partially completed. These documents shall become and remain the property of the Town upon receipt of payment by the Consultant. Upon such termination, the Consultant shall be entitled to compensation only per the terms of this Contract, and only through the date of termination or date of receipt of notice, whichever is sooner. 5.8 The parties agree that all survey notebooks, reports, plans, drawings, studies, specifications, memoranda, estimates, and computations prepared by and for the Consultant in the performance under this Contract, shall be and remain the property of the Town. Upon termination of this Contract or completion of the services, the Town shall have the right to such documents upon payment of due compensation to the Consultant. Such documents shall be promptly delivered by the Consultant to the Town upon demand. The Consultant shall not be responsible to the Town for liabilities resulting from the reuse of such documents for other sites, projects, or applications not related to this specific site. 5.9 All notifications made by the parties pursuant to this Contract, except in those instances where certified mail is required, shall be sent by first class mail, postage prepaid or hand delivered. All notifications, whether by certified mail or registered U.S. Mail, shall be sent, as the case may be, to the following: Town of Vinton Wetland Studies and Solutions, Inc. Anita J. McMillan Nathan A. Staley, PE Project Manager Project Manager 311 S. Pollard Street, Room 105 5450 Peters Creek Road, Suite 110 Vinton, VA 24179 Roanoke, VA 24019 5.10 This Contract and all Proposals constitute the entire Contract and understanding between the Town and the Consultant. This Contract shall not be modified or altered, changed, or amended in any respect unless in writing and signed by the parties hereto. 5.11 Services contracted during any part of a term will continue through completion of the services without regard to the end of the term and without obligation by the Town to renew this Contract. 5.12 Contractual claims and dispute resolution shall be conducted in accordance with the Town’s Purchasing Manual's procedures. 5.13 In no event will Town be liable for any consequential, indirect, incidental, special, exemplary, punitive, or enhanced damages, under this Contract. 5.14 This Contract is made and entered into in the Town of Vinton, Virginia, and shall be governed by the law of the Commonwealth of Virginia and all disputes shall be initiated and litigated only in the Circuit Court of the County of Roanoke, Virginia. TOV-2022-006-PZ _Woodland Place Stream Project: TOV and WSSI Contract: Page 15 of 15 5.15 SIGNATURES: The parties hereto agree to abide by all the provisions of this Contract. IN WITNESS THEREOF, duly authorized representatives of the Town and the Consultant executed this Contract on the date set forth above. Town of Vinton: Wetland Studies and Solutions, Inc.: By: By: Signature of Responsible Party Signature of Responsible Party Richard W. Peters, Jr. Printed Name Printed Name Town Manager Title Title Date: Date: APPROVED AS TO FORM: By: Jeremy Carroll, Town Attorney June 15, 2022 (rev. July 25, 2022) Town of Vinton C.O. Anita McMillan, MURP Planning and Zoning Director 311 S. Pollard Street Vinton, VA 24179 VIA E-MAIL: amcmillan@vintonva.gov Re: Woodland Place Stream Restoration Design Services Vinton, VA WSSI Proposal #P19965B WSSI Project #TBD Dear Ms. McMillan: Wetland Studies and Solutions, Inc. (WSSI) is pleased to submit this revised task order proposal for services related to the development of final design plans for the Woodland Place Stream Restoration project under contract number TOV-2022-006-PZ. Revisions have been made based on Town comments provided in an email received June 21, 2022. This proposal includes easement acquisition/plat preparation support, delineation, survey, design, permitting, and construction phase services as outlined below. The resulting scope of services and fees are: Task A EASEMENT ACQUISITION SUPPORT WSSI engineering staff will aid the Client in the easement acquisition process through: A.1 Client/Landowner meeting attendance and discussion support. This may include, but is not limited to, conveying information or answering questions relating to the previously prepared preliminary design plans. A.2 WSSI will assist in preparation of up to two (2) steam restoration easement plats for the Woodland Place Stream Restoration Project. WSSI will reference our existing site control, used in the existing conditions survey, referenced to the Virginia State Plane Coordinate System of 1983, South Zone with values expressed in U.S. Feet. Control was established using Real-Time Network (RTN) GPS. WSSI will use the data collected (ie. Boundary Monumentation) during the existing conditions survey (Task C) to establish the location of the record boundary for use in the creation of the plat and legal description. The client will research county real estate records, subdivision plats, and Circuit Court land records to acquire available deed boundary and existing easement information for the aforementioned project and supply it to WSSI. It is also assumed that the client will supply WSSI with property Title Report. WSSI will use the record boundary information and the stream restoration plans to place the proposed stream restoration easement. This shall not constitute a Boundary Survey as defined by the Virginia Board for Architects, Professional Engineers, Land Surveyors, Certified Interior Designers, & Landscape Architects. Town of Vinton June 15, 2022 (revised July 25, 2022) WSSI Proposal #P19965B Page 2 of 12 Please note, it is assumed that the Client’s land use attorney will prepare the required deed of easement and will record the prepared plat and deed of easement legal description among the land records of Roanoke County. A.3 Provide Town staff with example deed language from similar efforts. This work will be performed on an hourly not to exceed basis up to the established limit. Should extended negotiations or effort associated with plat preparation exceed the established fee cap a change order will be necessary to cover the additional effort. Task B WOTUS BOUNDARY DELINEATION/STREAM ASSESSMENT/SURVEY If landowners express continued support and willingness to grant easements, WSSI staff will begin collecting detailed, site-specific information. This will include Waters of the United States (WOTUS) delineation. Delineation will include: B.1 WSSI will conduct a field delineation of the jurisdictional wetlands, streams and other Waters of the U.S. (WOTUS) and summarize the results in a report with a map depicting these resources. Delineation flagging will be survey-located to allow accurate depiction of on-site WOTUS features. B.2 Streams on the site will be evaluated to determine whether the streams are ephemeral, intermittent, or perennial and for the purpose of Clean Water Act Section 404/401 and Virginia Water Protection Permit Program permitting. B.3 Approved Jurisdictional Determination: WSSI will submit a copy of the delineation report to the COE concurrently with delivery to the client, along with the completed Approved Jurisdictional Determination Form (“JD form) and request a site visit with the COE to obtain an Approved JD. There is potential that the COE will only issue a Preliminary JD due to workload. Task C EXISTING CONDITIONS SURVEY (INCLUDING TOPOGRAPHY, TREE, & VISIBLE UTILITIES) WSSI staff will perform a topographic survey of the project area to develop a Survey Base to be used as a basis for the design plans. This survey will be horizontally referenced to Virginia Coordinate System of 1983, South Zone and vertically to North American Vertical Datum of 1988 (NAVD 1988) based on Real Time Network GPS. The survey will be conducted in accordance with the attached Technical Specifications. The site survey will include the following: i. Topography – six (6) inch contour interval Unmanned Aerial System (UAS) topography from the top of bank on each side of the channel to a minimum of approximately 75 feet landward or to at least the 100-year floodplain elevation (if present). Town of Vinton June 15, 2022 (revised July 25, 2022) WSSI Proposal #P19965B Page 3 of 12 The topography will be acquired using a fully integrated UAS mounted with Light Detection and Ranging (LIDAR) in conjunction with established survey grade ground control points. WSSI will provide (i) an unmanned aircraft (Freefly Alta X quadcopter or an alternative payload carrying UAS); (ii) flight crew (if required); (iii) appropriate LIDAR sensor and cameras capable of collecting the necessary data and imagery; (iv) appropriate flight waivers (if required); (v) all equipment or other personnel such as visual observers necessary to safely provide the services in accordance with all applicable laws and regulations. WSSI will follow all laws and Federal Regulations to fly the (UAS) safely. If a portion of the mission cannot be flown safely and in accordance with the law, then it shall not be flown. Although not anticipated, if the work is delayed due to weather or restricted flight conditions, the operator will notify the client as soon as practical. WSSI will conduct low altitude flights within the area of interest to acquire six (6) inch-contour interval topography utilizing LIDAR. The flight pattern and LIDAR data will be acquired with at least 40% front and side overlap. Ground control points (GCPs) will be set and located using survey-grade instruments and procedures. The trajectory and data will be post-processed with Phoenix’s LiDARMill and Spatial Explorer software to generate a point cloud. WSSI will then virtually survey the site within Leica’s Cyclone software to quality check and extract relevant data. Data will be extracted as necessary to produce topography and locations of visible planimetric features. WSSI operates Freefly Alta X, a Department of Defense (DOD) approved ‘Blue’ UAS, which is authorized for government work. If airspace or field conditions are not conducive to a UAS aerial survey, then it will be field run. ii. For the channel from the top of bank inward, WSSI will perform a field run thalweg survey and collect sufficient shots to provide the channel shape. Note that the survey information inside the top of bank does not necessarily conform to national map accuracy standards for providing 6- inch topography but will provide enough detail for design purposes and will be used to supplement 6-inch topography. iii. Trees within the stream corridor having a diameter at breast height (DBH) of 18” or greater or high value/significance (based on species, location, and safety) will be identified by species, tagged, and survey located. Survey will include documentation on existing tree health to further aid in design decision making. Town of Vinton June 15, 2022 (revised July 25, 2022) WSSI Proposal #P19965B Page 4 of 12 iv. Prior to field survey WSSI will contact Miss Utility to have utilities marked within the anticipated project area. WSSI staff will survey locate all visible utilities and existing infrastructure within the corridor, such as stormwater outfalls, sanitary manholes, exposed laterals, and exposed wires, etc. that must be considered in the design of the channel. (The design will rely on Town/County data for subsurface utility information. However, any Miss Utility marking information will be located for reference in design as a supplement to readily available digital data.) Sanitary manhole covers will be pulled to obtain pipe invert elevations for manholes within the project area. v. Any property boundary monumentation seen during the field survey will be located and incorporated into design plans. WSSI will Identify/depict property lines, ownership and ex. easements (based on County GIS Digital Data). Should a complete property boundary survey be necessary, such services will be subject to an additional services contract. Exclusions: Services not specifically identified above are not included in the Scope of Services under this Agreement. WSSI will not perform confined space entry, if it becomes necessary then a change order will be required. The conceptual design strategy previously outlined specifies elevating the existing channel bottom. Therefore, no formal survey of underground utilities is proposed, and such survey is excluded from this proposal. (Note: Prior to construction, the construction contractor will need to submit to Miss Utility.) Task D CULTURAL RESOURCE AND ENDANGERED AND THREATENED SPECIES (ETS) RESOURCE ASSESSMENTS To assist you in determining whether this site will achieve a high probability in facing cultural resource or ETS issues during the Clean Water Act permitting process, WSSI will: D.1 Coordinate with the Virginia Department of Conservation and Recreation (DCR), the Virginia Department of Wildlife Resources (DWR), and the U.S. Fish & Wildlife Service (USFWS) using their Information, Planning, and Conservation System (IPaC) regarding any documented endangered or threatened species (ETS), or non-listed species or communities considered rare by DCR, DWR, or USFWS, on or near this site. WSSI will summarize the results of this coordination in a letter to Client. D.2 Review the topography, USGS maps, and Virginia Department of Historic Resources (DHR) V-CRIS (Virginia Cultural Resources Information System) to determine if historic sites are documented on this site or Town of Vinton June 15, 2022 (revised July 25, 2022) WSSI Proposal #P19965B Page 5 of 12 adjacent to it and the likelihood that a Phase I Cultural Resources survey will be recommended by DHR during the Clean Water Act process. Task E 65% CONCEPTUAL DESIGN PLANS E.1 STREAM RESTORATION DESIGN BASIS AND ASSESSMENT The restoration design will be based upon the following information: i. Stream Reach Location - The stream reaches associated with the Woodland Place restoration include the main channel and overland drainage swales along the northern boundary of the Woodland Place property, west of Niagara Road, down to the confluence point with the adjacent tributary to the south. The total length for assessment is ±700 lf of main channel. ii. 6-inch contour interval topography, tree, and utility survey compiled by WSSI. (Contour display interval may be adjusted during plan set preparation to improve plan clarity.) iii. Stream site visit. To include photographic documentation and stream condition assessment, as previously outlined in existing Task B. iv. Natural Channel Design Concepts per §10.1-560 and §10.1-561 of the Code of Virginia. v. The regional regression curves published in ‘Bankfull Discharge and Channel Characteristics of Streams in the Ridge and Valley Physiographic Region’, by the U.S. Fish & Wildlife Service. Consideration and adjustment of the regional curve for impervious area will be based on research published by the Center for Watershed Protection on the effects of urbanization on channel size. vi. Results of a hydrologic model of the contributing watershed, for comparison with regional curve analysis. vii. Anticipated conditions of COE and DEQ permits for this project. viii. County/Town Design Handbook, to the extent that it applies. ix. The Virginia Erosion & Sediment Control Handbook. E.2 CONCEPTUAL DESIGN WSSI will prepare a 65% Concept Plans based on information developed during the SLAF grant application process, site-specific data, and feedback from the property owner(s). It is anticipated that the Concept Plan will include the following: i. Cover Sheet ii. Existing Condition Plan (delineation information, topography, utilities, GIS parcels, notable trees, etc.) Town of Vinton June 15, 2022 (revised July 25, 2022) WSSI Proposal #P19965B Page 6 of 12 iii. Project Hydrology (watershed analysis, channel sizing) iv. Design Narrative v. Conceptual Grading Plan (grading, structure placement, limits of disturbance, etc) vi. Conceptual Profile (including existing profile superimposed and utility locations) vii. Typical Structure Details viii. Proposed Site Access and Staging ix. Limits of Disturbance x. Conceptual Cost Estimate WSSI will submit an electronic copy to the Client for review and a meeting/site visit will be scheduled. E.3 65% CONCEPT PLAN MEETING After submission of the Concept Plan to the Client, a site visit/plan review meeting will be arranged with the design team, appropriate local officials, and landowners/stakeholders to walk the stream and review the proposed Concept Plans. Participation in one (1) public/team meeting is included in the proposed fee estimate for this task. Task F 100% FINAL DESIGN PLAN & SPECIFICATIONS Based on feedback, comments, and discussion from the Concept Plan review/field walk, WSSI will prepare the Final Design Plans and Specifications for the project. WSSI will submit a digital copy of the Final Design and Specifications to the Client for review. (If hard copies are requested, they will be billed to reimbursables, per established rates.) It is anticipated the Final Plan will include the following: i. Cover Sheet ii. Grading Plan and Profile iii. Planform Geometry Tables iv. Structure Stakeout Plan v. Construction Details, Narrative, and Sequence vi. Erosion & Sediment Control Plan vii. Planting Plan, Specifications, and Details viii. Vegetation Schedule ix. Design Narrative with Hydrologic and Hydraulic Analysis x. Sediment Sizing and Shear Stress Analysis xi. Specifications Document xii. Updated Cost Estimate Town of Vinton June 15, 2022 (revised July 25, 2022) WSSI Proposal #P19965B Page 7 of 12 Note: Due to the highly confined nature of the project reach and limited contributing drainage area, no formal floodplain modeling or submissions are proposed as part of this proposal. Final Design Plan Approvals: WSSI will submit the Final Design Plans to and gain approval from other entities including: • U.S. Army Corps of Engineers (NWP #27) • Virginia Marine Resources Permit (confirmation of no permit required) • Virginia Department of Environmental Quality (confirmation that the project meets DEQ’s 401 certification for NWP #27). A completed Best Management Practice Design Certification will be submitted with final plans in conformance with SLAF grant requirements. • Roanoke County Department of Development Services After submission of the Final Design Plan to the Client, a site visit/plan review meeting will be arranged with the design team, appropriate local officials, and landowners/stakeholders to walk the stream and review the proposed plans. Participation in one (1) team/public meeting is included in the proposed fee estimate for this task. Task G CLEAN WATER ACT PERMITTING G.1 The scope of work described by this proposal requires a Nationwide Permit (NWP) #27 (Stream and Wetland Restoration Activities) issued by the COE. WSSI shall request confirmation from the COE that NWP #27 is applicable to this project and that no mitigation is required for the proposed impacts. WSSI shall prepare and submit a PCN and supporting documentation to the COE and VMRC requesting authorization of the project under NWPs #27 from the COE and a waiver from the VMRC. A change order may be required if a more complex permitting strategy (Joint Permit Application, etc) is required by agency staff. G.2 Any additional permit coordination or meetings requested by the Client, the Client’s Representative, or agency staff necessary for the purpose of gaining approval of any related permits shall be provided on an hourly not to exceed basis. Task H MEETINGS, COORDINATION, BID SUPPORT, AND AGENCY RESPONSES Coordination or meetings requested by the Client or the Client’s Representative involving project scoping beyond that outlined above, local stakeholder outreach and initial easement acquisition correspondence (if exceeding allocations for Task A), and bid phase support (including response to bidder inquiries and bid review) Town of Vinton June 15, 2022 (revised July 25, 2022) WSSI Proposal #P19965B Page 8 of 12 shall be provided on an hourly, not to exceed basis, up to the established task cap. This task will also include other work necessary to address either unforeseen circumstances not specifically outlined in this contract and/or to respond to client requests. Should additional meetings or coordination beyond the established task fee become necessary such overages shall be subject to a change order. Task I VIRGINIA STORMWATER MANAGEMENT PROGRAM (VSMP) PERMITTING AND STORMWATER POLLUTION PREVENTION PLAN (SWPPP) PREPARATION WSSI will complete a Registration Statement for a General VPDES Permit for Discharges of Stormwater from Construction Activities (Construction General Permit or CGP) and request a Virginia Stormwater Management Program (VSMP) permit on behalf of client for the reference project. Additionally, based on the approved construction drawings for the subject project, WSSI will prepare the applicable SWPPP prior to the submission of the Registration Statement and in accordance with VSMP permitting regulations. Upon completion, the SWPPP will be delivered to client for client’s use. The fee for filing the VSMP permit application (registration statement) is not included within the Reimbursable Estimate, Task M. It is assumed that the Town will handle the permit application fee(s) directly. Task J CONSTRUCTION OVERSIGHT AND INSPECTIONS WSSI personnel will perform weekly site inspections to coordinate with the construction contractor and assist with implementation of planned restoration measures. This task includes attendance at one (1) on-site preconstruction meeting. Following construction Notice to Proceed and subsequent mobilization, weekly on-site construction meetings will be scheduled to review progress and discuss activities for the next week to provide any necessary clarification or answer construction related questions. Additional, as needed inspections will be provided at the Client or contractor’s request. A summary report of observations and meeting discussions will be written for each site visit and conveyed to the Client for use in documenting construction and for inclusion in the on-site SWPPP. Inspection reports may include recommendations or corrective action requests, however final direction of the contractor will remain the Client’s responsibility. This task provides for up to 60 hours of construction-phase monitoring and inspections. Should additional construction inspection support be necessary beyond the allocated fee, an additional services contract will be required. Task K CONSTRUCTION STAKEOUT WSSI survey staff will compute requisite points and prepare field drawings to be used for stakeout of the limits of disturbance, in-stream structures, and major Town of Vinton June 15, 2022 (revised July 25, 2022) WSSI Proposal #P19965B Page 9 of 12 grading features (walls, slopes, etc.). Benchmarks will be established and clearly indicated to allow for use by the contractor in establishing vertical control of plan elements. Survey staff will perform a one-time-only stakeout of the stream centerline and structure locations. The contractor will be responsible for maintaining survey control during construction. Task L AS-BUILT SURVEY Following substantial completion of construction (as determined by Town staff), WSSI survey staff will perform a one-time-only as-built survey of installed plan measures. Staff will prepare and provide the Client with a certified copy of the as-built survey, including the location of all in-stream structures, grading features, and a longitudinal profile of the channel invert. The as-built survey shall include photographs at each structure location and other information, as necessary to fully document construction activities and in conformance with SLAF grant program requirements. Task M REIMBURSABLES Milage, lodging, printing, postage/courier services, field supplies, etc. These items will be billed on a Not to Exceed basis, per Attachment A. 2.0 ASSUMPTIONS, MATERIALS TO BE SUPPLIED BY CLIENT, AND EXCLUSIONS 2.1 This proposal assumes efforts will build on prior work and project scoping information previously developed in support of the Town’s successful SLAF application. 2.2 The Client shall coordinate and provide any permits, easements, letters of permission, or documents required for property access to facilitate site study and design. 2.3 Structure details and other information relating to the existing roadway and upstream drainage network design – specifically, hydrologic and hydraulic information pertaining to culvert sizing, as is available. Town of Vinton June 15, 2022 (revised July 25, 2022) WSSI Proposal #P19965B Page 10 of 12 3.0 COMPENSATION 3.1 Basic compensation for the above scope of services as described, not including reimbursable expenses, shall be fixed fee or hourly as indicated below. Total fees shall not exceed $112,200 without written permission. Task Fee A. Easement Acquisition Support (Hourly, NTE) $ 9,900 B. WOTUS Delineation, Stream Assessment, & Survey (Fixed Fee) $ 6,200 C. Existing Conditions Survey (Hourly, NTE) $ 19,500 D. Cultural Resource and ETS Assessments (Fixed Fee) $ 2,200 E. 65% Concept Design Plan (Fixed Fee) $ 17,500 F. 100% Final Design Plan (Fixed Fee) $ 15,000 G. Clean Water Act Permitting (Hourly, NTE) $ 7,200 H. Meetings and Coordination (Hourly, NTE) $ 6,700 I. VSMP Permitting and SWPPP (Hourly, NTE) $ 1,800 J. Construction Oversight & Insp. (Hourly, NTE) $ 7,500 K. Construction Stakeout (Hourly, NTE) $ 8,200 L. As-built Survey (Hourly, NTE) $ 8,200 M. Reimbursable Estimate (NTE, per Attachment A) $ 2,300 3.2 The price is only fixed for thirty (30) days from the date of this proposal. 3.3 For additional services requested by, or agreed to in advance by the Client, compensation shall be computed on an hourly basis per Attachment A. EXCLUSIONS 1. Site-specific ETS or archeological investigations. Such investigations (e.g. bat surveys) may be recommended by regulatory staff during permit review and authorization. Task B will form the basis for the permit application effort and on site studies, should they be required. 2. Geotechnical investigations or recommendations. This proposal assumes WSSI will use standard practices and strategies for stream restoration. Should geotechnical investigations of the existing parking lot or other areas be deemed necessary, such studies shall be subject to a change order and involve participation by a subcontractor. 3. Structural design of site features (trails, roads, bridges, etc.). 4. Performing a formal floodplain study or submissions to FEMA. Town of Vinton June 15, 2022 (revised July 25, 2022) WSSI Proposal #P19965B Page 11 of 12 4.0 SCHEDULE Upon approval of this task order, WSSI anticipates initial coordination with Town staff to procure necessary easements. Though the timeline for easement acquisition is beyond WSSI control, given that initial contact has been made and landowners have shown support, WSSI staff anticipates an easement acquisition period of approximately three (3) months. Easement acquisition may be concurrent with site survey and design, if deemed appropriate by the Client. When authorized by Town staff, WSSI will schedule on-site survey. We anticipate delineation and survey field work will be conducted within four (4) weeks of the Town’s request. Site specific data will be processed, and the conceptual design (65%) plan submitted for review and approval within 10-12 weeks following completion of field work. WSSI recommends submission of 65% plans to DEQ for review and approval. This allows for incorporation of design modifications and comments during final design development. DEQ review is anticipated to take 4-6 weeks. Following review and discussion of conceptual plans, WSSI will integrate comments based on feedback and prepare final plans and specifications within 6-8 weeks of receipt of conceptual plan comments. Clean Water Act permitting will be initiated during final plan development. The permitting effort is expected to take 2-4 weeks for preparation and submission, with agency reviewed expected to take 3-4 months prior to approval. Assuming a Notice to Proceed on this task order by mid-August 2022, WSSI anticipates final design development by early 2023, with permitting review and approvals occurring February-April 2023. Bidding would then occur in late spring with construction occurring during the summer of 2023, unless otherwise agreed upon during negotiations with landowners. Town of Vinton June 15, 2022 (revised July 25, 2022) WSSI Proposal #P19965B Page 12 of 12 We trust that this proposal is responsive to your requirements, however, please do not hesitate to call if you have any questions. Your return of an executed copy of this task order, along with the items specified in Section 2.0, will serve as our notice to proceed. We sincerely appreciate your confidence in WSSI and look forward to working with you. Sincerely, WETLAND STUDIES AND SOLUTIONS, INC. Nathan A. Staley, PE, CFM, LEED® AP Manager - Engineering Enclosures CLIENT OR CLIENT'S AGENT ACCEPTANCE OF THIS PROPOSAL AND ENCLOSED GENERAL CONDITIONS: By signing below, you are creating a legal obligation between the client listed on this proposal and Wetland Studies and Solutions, Inc. (WSSI). This obligation cannot be transferred to a third party without prior written consent from both WSSI and the third party: _____________________________ ___________________ Signature Date Accepted By (print name): _____________________________ Client Name: _____________________________ CLIENT’S PREFERRED METHOD OF INVOICE SUBMISSION How would you like to receive invoices for this project?  Mail: Invoice(s) will be mailed to the address listed on this proposal.  E-mail: Invoice(s) will be emailed to _________________________  Other: Please provide instructions below: _________________________________________________ _________________________________________________ _________________________________________________ L:\Proposals\2022\SW VA\Town of Vinton_Woodland Place\Task Order\07252022P19965B.docx Wetland Studies and Solutions, Inc. Central & Southwest VA L:\Proposals\Proposal Attachments\Current Versions as docx\RATES_June 2022_Central & SW VA.docx June 2022 Attachment A The following is a listing of the Wetland Studies and Solutions, Inc. (WSSI) rates for professional and reprographic services for central and southwestern Virginia. These rates will remain in effect through December 31, 2022, after which time they may be adjusted to reflect our current labor and overhead costs. PROFESSIONAL SERVICES Operations Manager $260.00 Director III $235.00 Director II $215.00 Director I $180.00 Principal III $225.00 Principal II $155.00 Principal I $130.00 Consultant V $190.00 Consultant IV $170.00 TYPICAL REIMBURSABLE COSTS In-house Reprographic Services 1 Rate/Square Foot Rate/Sheet Paper Cad plots (B&W) $0.35 B&W Xerox (8.5x11) $0.10 Paper Cad plots (Color) $0.75 Color Xerox (8.5x11) $0.85 Mylar Cad plots $2.00 Color Cad plots – Photo quality $4.00 Standard Report Supplies minimum $6.00/rpt GIS and CAD system charges are included in billable rates. Reimbursable expenses shall include the following: 2 2 2 Commercial Grade Tablet GPS Unit (≥3 meters 2 Differential Grade GPS Unit (≤1 meter) @ $118 per day The following expenses shall be charged at cost plus a 20% administrative processing fee: Permit and review fees, public notice advertisements; Air travel, rental vehicles, lodging and meals for sites not within commuting distance from local WSSI office; Third party vendor photocopying or reproduction of drawings or documents as requested by Owner or consultants; Postage and expedited delivery services requested by Owner or consultants; Artifact Archival Storage Fees; and, Third party consulting services, as authorized by Client, for services such as surveying, archeology, endangered species searches, geotechnical surveys, septic field-testing, permeability tests, etc. 1 WSSI maintains hard copy files and report copies for our records, regardless of Client deliverables. These in-house copies will be billed in accordance with the listed reprographic pricing. 2 Excluding operator; mobilization included in hourly, daily, weekly, or monthly rate. Consultant III $150.00 Consultant II $135.00 Consultant I $115.00 Technician III $90.00 Technician II $80.00 Technician I $70.00 Assistant $55.00 Admin. Assistant $60.00 Intern $27.00 October 2019 Attachment B WETLAND STUDIES AND SOLUTIONS, INC. TECHNICAL SPECIAL CONDITIONS 1. Waters of the U.S. Delineation Method as defined in the Corps of Engineers Wetlands Delineation Manual, Technical Report Y-87-1 (1987 Manual) and subsequent guidance, and modified by the appropriate Regional Supplement such as the Regional Supplement to the Corps of Engineers Wetland Delineation Manual: Atlantic and Gulf Coastal Plain Region, Version 2.0 dated November 2010 or Regional Supplement to the Corps of Engineers Wetland Delineation Manual: Eastern Mountains and Piedmont Region (Version 2.0) dated April 2012. that qualify as Waters of the U.S. Delineation (WOTUS) as defined in Section 328.3 (a) of Final Rule for Regulatory Programs of the U.S. Army Corps of Engineers (Federal Register Vol. 51, No. 219, November 13, 1986). 2. Stream Assessments For Resource Protection Area purposes and for the purpose of Clean Water Act Section 404/401 and Virginia Water Protection Permit Program permitting, streams will be assessed using both the Fairfax County Perennial Stream Field Identification Protocol (May 2003) and the North Carolina Division of Water Quality, Methodology for Identification of Intermittent and Perennial Streams and their Origins, Version 4.11 (2010) to determine whether streams are intermittent or perennial (the North Carolina method also distinguishes ephemeral streams). 3. Survey Control control will be established using a Real Time Network GPS. All surveys will be referenced horizontally to the local state plane coordinate system and vertically to NAVD 88, except where the client or local regulations require otherwise (e.g., Fairfax County, Virginia requires the vertical datum – NGVD 29). 4. Land Survey Location conventional survey techniques (total station) or Survey Grade GPS (1 centimeter (cm) accuracy), depending upon field conditions. Additionally, WSSI field wetland delineation location surveys can be used to satisfy Table A item #18 in the New ALTA Minimum Standards (Effective 2/23/16). 5. Mapping Grade GPS and are depicted for a graphical representation only. This does NOT constitute a survey. The locations should be used for informational purposes only; the accuracy provided by Mapping Grade GPS units precludes their use for design purposes. 6. Bathymetric Survey forth in the U.S. Army Corps of Engineers (COE) Manual No. EM- 1110-2-1003, Engineering and Design, Hydrographic Surveying WETLAND STUDIES AND SOLUTIONS TECHNICAL SPECIAL CONDITIONS Page 2 of 2 October 2019 pole), and/or Chapter 4 (sonar -- single beam acoustic depth measurement). 7. Military Site Survey sampling strategy will be employed for the excavation of identified positive metal strikes, which will vary based on the density of positive contacts identified within a 25-foot by 25-foot square area: •Where the density of positive contacts is ≤ two per ±625 square feet (sq ft), all contacts will be excavated. •Where the density of positive contacts ranges from three to eight per ±625 sq ft, a ±50% sample of contacts will be excavated. •Where the density of positive contacts ranges from nine to twenty per ±625 square feet, a 20% -50% sample of contacts, as determined by the Principal Archeologist, will be excavated •Where the density of positive contacts exceeds twenty per ±625 sq ft, a ±10% -20% sample of contacts, as determined by the Principal Archeologist, will be excavated. 8. Phase I ESA conformance with the protocol set forth in the American Society for Testing and Materials (ASTM) E 1527-13, Standard Practice for Environmental Site Assessments: Phase I Environmental Site Assessment Process, Fifth Edition. 9. Zoning Amendment, Special Exception, or Special Use Permit Requests the necessary studies for approval. For example: •Prince William County: Reference Manual for Rezoning, Special Use Permit, and Proffer Amendment Applications •Loudoun County: L:\Proposals\templates\Attachment C_Technical Special Conditions.docx 1 RESOLUTION NO. AT A REGULAR MEETING OF THE VINTON TOWN COUNCIL HELD ON TUESDAY, AUGUST 16, 2022, AT 6:00 P.M., IN THE COUNCIL CHAMBERS OF THE VINTON MUNICIPAL BUILDING LOCATED AT 311 SOUTH POLLARD STREET, VINTON, VIRGINIA THE WOODLAND PLACE STREAM RESTORATION PROJECT WHEREAS, on July 20, 2021, Town Council adopted Resolution No. 2446, authorizing the Town Manager to file a grant application for the allocation of funds from the FY21 Virginia Stormwater Local Assistance Fund (SLAF) for The Woodland Place Stream Restoration Project that will allow the removal of pollutants (sediment, phosphorus, nitrogen, and suspended solids) in order to meet the Virginia Department of Environmental Quality (DEQ) Municipal Separate Stormwater Sewer System (MS4) Permit requirements; and WHEREAS, on December 22, 2022, staff was notified that the SLAF matching grant funds for the Project have been authorized by the DEQ; and WHEREAS, the authorization is contingent upon compliance with all program requirements, and the actual grant award will not occur until DEQ receives construction bids for the Project and approves the final Project budget based on those bids; and WHEREAS, the Town agrees to provide the administrative services to manage the grant through the completion of the Project; and WHEREAS, the estimated total cost for the Woodland Place Stream Restoration Project is $570,000.00, for which matching funding has been secured through the FY21 Virginia Stormwater Local Assistance Fund (SLAF) grant funds; and WHEREAS, this is a reimbursable grant program; therefore, Town Council will have to authorize the monies be appropriated from the general revenue fund to the general expense fund for the engineering services, construction and related expenses; and WHEREAS, on January 28, 2022, the Town issued a Request for Proposals (RFPs) for the professional engineering, construction engineering, management, and inspection services for the Project, and WHEREAS, on February 1, 2022, Town Council adopted Resolution 2473, authorizing the monies to be appropriated for the professional engineering services, construction and related expenses of the Woodland Place Stream Restoration Project; and WHEREAS, by March 3, 2022, the date of closing of the RFPs, the Town received five (5) sealed Proposals from qualified consulting engineering firms to provide the said services; 2 and each Proposal was given to the five voting members of the Selection Committee to be reviewed and scored; and WHEREAS, on May 4, and 5, 2022, each of the four engineering firms were invited to give technical presentations to and be interviewed by the Committee; and at the conclusion of the interviews, the Committee discussed the strengths and weaknesses of each firm, and the firms were ranked; and WHEREAS, Staff contacted the listed references as submitted by the top-ranked firm, and the Committee was briefed regarding the positive outcome of the reference checks; and WHEREAS, A Notice of Intent to Award was issued to Wetland Studies and Solutions, Inc. (WSSI), on June 7, 2022; and WHEREAS, beginning in mid-June 2022, Staff has been in discussions with WSSI personnel regarding their scope of services and fees proposal; and the said Proposal was forwarded to the Town Attorney, for his review and approval; and WHEREAS, the scope of services and fees proposal submitted by WSSI needs to be accepted, and a contract needs to be executed for the professional engineering, construction engineering, management, and inspection services for the Project. NOW, THEREFORE, BE IT RESOLVED, that the Vinton Town Council does hereby accept the proposal and authorizes the Town Manager to execute a contract with WSSI, for the professional engineering, construction engineering, management, and inspection services for the Woodland Place Stream Restoration Project. This Resolution adopted on motion made by Council Member _____________ and seconded by Council Member ________________, with the following votes recorded: AYES: NAYS: APPROVED: ___________________________________ Bradley E. Grose, Mayor ATTEST: _____________________________ Susan N. Johnson, CMC, Town Clerk Meeting Date August 16, 2022 Department Planning and Zoning Issue Consider adoption of a Resolution accepting the Assignments of Rights of the following real estate Tax Parcel Nos. 060.15-07-17.00-0000, 060.15-07-52.00-0000, and 060.15-06-06.00-0000, located in the Town of Vinton, and authorizing the exercise of the Assignments and closing on the necessary portions of the properties along Walnut Avenue for the Walnut Avenue Bicycle and Pedestrian Accommodations Project from 1st Street to W. Lee Avenue. Summary In order to construct the proposed bicycle and pedestrian accommodations along Walnut Avenue, additional right-of-way and temporary construction easements are needed involving three properties. The project will significantly improve pedestrian access and safety along Walnut Avenue and provide safer bicycle accommodations. The construction project is funded by the Virginia Department of Transportation (VDOT) Surface Transportation Block Grant (STBG) funds. The construction bid is scheduled to be advertised by end of September 2022. There are three properties involved: • David S. McClung, 7 Walnut Avenue, Tax Parcel Number 060.15-07-17.00. • Reed Street Baptist Church, 30 Walnut Avenue, Tax Parcel Number 060.15-07-52.00. • Gene West, 101 Walnut Avenue, Tax Parcel Number 060.15-06-06.00 Attachments Property Plats Showing the Needed Right-of-way and/or Easement. Resolution Recommendations Motion to adopt Resolution Town Council Agenda Summary 1 RESOLUTION NO. AT A REGULAR MEETING OF THE VINTON TOWN COUNCIL, HELD ON TUESDAY, AUGUST 16, 2022, AT 6:00 P.M., IN THE COUNCIL CHAMBERS OF THE VINTON MUNICIPAL BUILDING, LOCATED AT 3ll S. POLLARD STREET, VINTON, VIRGINIA A RESOLUTION ACCEPTING THE ASSIGNMENTS OF RIGHTS TO PURCHASE PORTIONS OF CERTAIN REAL ESTATE TAX PARCEL NOS. 060.15-07-17.00-0000, 060.15-07-52.00-0000, AND 060.15-06-06.00- 0000, (COLLECTIVELY REFERRED TO AS THE “PROPERTY”) LOCATED IN THE TOWN OF VINTON, AND AUTHORIZING THE EXERCISE OF THE ASSIGNMENTS AND A CLOSING ON THE PROPERTY. WHEREAS, on September 21, 2017, staff submitted the Roanoke Valley Transportation Planning Organization’s (RVTPO) Regional Surface Transportation Program (RSTP)/Surface Transportation Block Grant (STBG) grant application for the Walnut Avenue Bicycle and Pedestrian Accommodations Project: W. Lee Avenue to 1st Street; and WHEREAS, on March 22, 2018, the Project was one of the listed projects that RVTPO approved and endorsed for the FY 19-24 RSTP Six-Year Financial Plan for inclusion in the Virginia Commonwealth Transportation Board (CTB) Six-Year Improvement Program; and WHEREAS, in order to construct the proposed improvements, additional right-of-way and temporary construction easements are needed that will involve three properties; and WHEREAS, the project will significantly improve pedestrian access and safety along Walnut Avenue and provide safer bicycle accommodations; and WHEREAS, the property owners have been made aware of the Project beginning in October 2021 and have been in conversations with Town personnel and the Town’s consultant since May 2022, respectively; and WHEREAS, Council finds it to be in the best interest of the Town of Vinton to accept the Assignments of Rights and the Purchase Agreements attached hereto and purchase the Property upon the terms and conditions stated therein; and NOW THEREFORE, BE IT RESOLVED that the Vinton Town Council does hereby approve the following: 1. The Town accepts the Assignments of Rights to purchase the Property and agrees to each and all of the covenants and conditions in the Purchase Agreements. 2 2. The Mayor and/or Town Manager is hereby authorized to execute all documents necessary to purchase the Property, with the assistance of the Town Attorney, and to arrange and consummate a closing in accordance with the terms and conditions of the Purchase Agreements. This Resolution adopted on motion made by __________________, seconded by ______________, with the following votes recorded: AYES: NAYS: APPROVED: ____________________________________ Bradley E. Grose, Mayor ATTEST: ______________________________________ Susan N. Johnson, CMC, Town Clerk 1 Meeting Date August 16, 2022 Department Public Works Issue Consider adoption of a Resolution awarding a bid and authorizing the Town Manager to execute a contract with Burleigh Construction Co, Inc. in the amount of $421,065.00 for the Rehabilitation of the Garthright Bridge (Gus Nicks Blvd) over NS Railway. Summary The Town contracted with Mattern & Craig, Inc. to assist with coordination of the bid process and oversight of the rehabilitation of the Garthright Bridge (Gus W. Nicks Blvd) over the NS Railway. The Notice of Invitation for Sealed Bids was advertised in The Roanoke Times on June 16, 2022, and directly distributed to various interested parties on June 22, 2022. A pre-bid meeting was held on June 22, 2022, and the due date for the sealed bids was July 15, 2022. At the public bid opening on July 15th, the town received two bids for the project, and the breakdown is as follows: Contractor’s Name Total 1. Burleigh Construction Company, Inc $495,565.00 2. Titan Industrial Services, Inc. $682,650.00 Due to both bids being in excess of the amount that the Town had budgeted for the project, the Town negotiated the traffic control portion of the bid with Burleigh Construction, which resulted in a lower bid of $421,065.00. In consultation with Mattern & Craig, Inc., Staff recommends that Council accept the bid from Burleigh Construction Company, Inc. for the rehabilitation of the Garthright Bridge (Gus Nicks Blvd) over NS Railway. Attachments Resolution Recommendations Motion to adopt Resolution Town Council Agenda Summary RESOLUTION NO. AT A REGULAR MEETING OF THE VINTON TOWN COUNCIL HELD ON TUESDAY, AUGUST 16, 2022 AT 6:00 P.M. IN THE COUNCIL CHAMBERS OF THE VINTON MUNICIPAL BUILDING, 311 SOUTH POLLARD STREET, VINTON, VIRGINIA. WHEREAS, the Town contracted with Mattern & Craig, Inc. to assist with coordination of the bid process and oversight of the rehabilitation of the Garthright Bridge (Gus W. Nicks Blvd) over the NS Railway; and WHEREAS, the Notice of Invitation for Sealed Bids was advertised in The Roanoke Times on June 16, 2022, and a pre-bid meeting was held on June 22, 2022; and WHEREAS, at a public bid opening on July 15, 2022, Burleigh Construction Co., Inc. met the bidding specifications and had the lowest bid in the amount of $495,565.00; and WHEREAS, due to the bid being in excess of the amount that the Town had budgeted for the project, the Town negotiated the traffic control portion of the bid, which resulted in a lower bid of $421,065.00; and WHEREAS, the bid needs to be awarded and a contract needs to be executed for the construction. NOW THEREFORE, BE IT RESOLVED, that the Vinton Town Council does hereby award the bid and authorizes the Town Manager to execute a contract with Burleigh Construction Co., Inc. in the amount of $421,065.00 for the rehabilitation of the Garthright Bridge (Gus Nicks Blvd) over NS Railway. This Resolution adopted on motion made by Council Member _____________, seconded by Council Member ______________, with the following votes recorded: AYES: NAYS: APPROVED: ___________________________________ Bradley E. Grose, Mayor ATTEST: ________________________________ Susan N. Johnson, CMC, Town Clerk Meeting Date August 16, 2022 Department Council Issue Consider adoption of a Resolution appointing Andrew Keen, Finance Director, as Deputy Town Treasurer Summary Lydia Verdillo, the current Deputy Town Treasurer is retiring from the Town effective August 31, 2022. To maintain adequate redundancy for absences and vacations, staff recommends Council appointing Andrew Keen, Finance Director, as the new Deputy Town Treasurer effective September 1, 2022. Attachments Resolution Recommendations Motion to adopt Resolution Town Council Agenda Summary 1 RESOLUTION NO. AT A REGULAR MEETING OF THE VINTON TOWN COUNCIL HELD ON TUESDAY, AUGUST 16, 2022 AT 6:00 PM IN THE COUNCIL CHAMBERS OF THE VINTON MUNICIPAL BUILDING, 311 SOUTH POLLARD STREET, VINTON, VIRGINIA 24179. WHEREAS, Lydia Verdillo, Deputy Town Treasurer, is retiring from the Town effective August 31, 2022; and WHEREAS, Andrew Keen, Finance Director, is eligible and willing to serve as the new Deputy Town Treasurer effective September 1, 2022, in order to maintain continuity of services in the absence of the Town Treasurer. NOW, THEREFORE, BE IT RESOLVED that Vinton Town Council does hereby appoint Andrew Keen, Finance Director, as the Deputy Town Treasurer in the Town of Vinton effective September 1, 2022. This Resolution was adopted on motion made by ___________________, seconded by ______________, with the following votes recorded: AYES: NAYS: APPROVED: ____________________________________ Bradley E. Grose, Mayor ATTEST: _________________________________________ Susan N. Johnson, CMC, Town Clerk Meeting Date August 16, 2022 Department Finance/Treasurer Issue Consider approval of the May 31, 2022 Financial Report Summary Andrew Keen and Cody Sexton will present the May 31, 2022 Financial Report for approval by Council. Attachments May 31, 2022 Financial Report Summary Recommendations Motion to approve May 2022 Financial Report Town Council Agenda Summary Financial Report Summary May 31, 2022 Adopted Revised YTD MTD YTD Remaining % Budget Budget Posted Posted Balance YTD Revenues 8,032,258 7,360,031 1,360,906 8,140,032 780,000 111% Expenditures 8,032,258 8,020,460 786,498 7,092,119 (928,341) 88% Revenues over/(under) Expenditures (660,429) 574,408 1,047,913 Revenues 384,800 8,772,845 46,628 4,565,514 (4,207,331) 52% Expenditures 384,800 8,763,166 102,943 692,544 (8,070,622) 8% Revenues over/(under) Expenditures 9,679 (56,315) 3,872,970 Revenues 4,513,595 3,913,558 736,903 4,388,725 475,167 112% Expenditures 4,513,595 4,142,805 180,429 4,435,482 292,677 107% Revenues over/(under) Expenditures (229,247) 556,474 (46,756) Revenues 835,000 1,830,350 45,833 504,167 (1,326,183) 28% Expenditures 835,000 1,864,573 100,698 697,257 (1,167,316) 37% Revenues over/(under) Expenditures (34,223) (54,864) (193,090) Revenues 414,328 928,423 276,966 768,575 (159,848) 83% Expenditures 414,328 914,070 19,596 596,426 (317,644) 65% Revenues over/(under) Expenditures 14,353 257,370 172,149 Revenues 14,179,981 22,805,208 2,467,237 18,367,013 (4,438,195) 81% Expenditures 14,179,981 23,705,074 1,190,164 13,513,829 (10,191,246) 57% Revenues over/(under) Expenditures (899,866) 1,277,073 4,853,184 Date07/19/22 TOWN OF VINTON, VIRGINIA CASH AND INVESTMENT REPORT Month Ending 31May2022 BAL FWD ACT HIST END BAL 01Jul2021 01Jul2021 31May2022 31May2022 General Fund General Fund Cash General Checking Account 2,369,351.52 1,167,751.43 3,537,102.95 Treasurer - Petty Cash 100.00 100.00 Treasurer - Change Fund 1,100.00 1,100.00 Treasurer - Swimming Pool Treasurer - Farmer's Mkt 50.00 50.00 Treasurer - Investigative FD 1,000.00 1,000.00 DCJS - Operating Cash ------------ ------------ ------------ Total General Fund Cash 2,371,601.52 1,167,751.43 3,539,352.95 General Fund Investments Pinnacle Bank Money Market 591,697.44 739.64 592,437.08 Bank of Botetourt CD 1,697,551.15 1,697,551.15 L.G.I.P 109.81 .04 109.85 Vinyard Flower Fund Irr Trst 20,875.00 34.38 20,909.38 Police Evidence/Found Fund 26,708.13 (1,499.00) 25,209.13 ------------ ------------ ------------ Total General Fund Investments 2,363,649.66 (2,223.94) 2,361,425.72 Total General Fund 4,708,543.05 1,167,026.49 5,875,569.54 ============ ============ ============ Grant Fund Grant Fund Cash ARPA Cash Account 4,053,297.66 4,053,297.66 General Checking Account 3,980,961.97 (4,161,248.48) (180,286.51) ------------ ------------ ------------ Total Grant Fund Cash 3,980,961.97 (107,950.82) 3,873,011.15 Total Grant Fund 3,980,961.97 (107,950.82) 3,873,011.15 ============ ============ ============ Utility Fund Utility Fund Cash General Checking Account 1,719,181.19 550,681.00 2,269,862.19 Utility Deposits 45,300.00 (45,200.00) 100.00 ------------ ------------ ------------ Total Utility Fund Cash 1,764,481.19 505,481.00 2,269,962.19 Utility Fund Investments Pinnacle Bank Money Market 982,264.51 1,227.84 983,492.35 ------------ ------------ ------------ Date07/19/22 TOWN OF VINTON, VIRGINIA CASH AND INVESTMENT REPORT Month Ending 31May2022 BAL FWD ACT HIST END BAL 01Jul2021 01Jul2021 31May2022 31May2022 Total Utility Fund Investments 982,264.51 1,227.84 983,492.35 Total Utility Fund 2,746,745.70 506,708.84 3,253,454.54 Capital Fund Capital Fund Cash General Checking Account 1,391,774.21 (218,667.80) 1,173,106.41 ------------ ------------ ------------ Total Capital Fund 1,391,774.21 (218,667.80) 1,173,106.41 ============ ============ ============ Stormwater Fund Stormwater Fund Cash General Checking Account 304,355.13 144,983.28 449,338.41 ------------ ------------ ------------ Total Stormwater Fund Cash 304,355.13 144,983.28 449,338.41 ------------ ------------ ------------ Cash All Funds Total General Fund Cash 2,371,601.52 1,167,751.43 3,539,352.95 Total Grant Fund Cash 3,980,961.97 (107,950.82) 3,873,011.15 Total Utility Fund Cash 1,764,481.19 505,481.00 2,269,962.19 Total Capital Fund Cash 1,391,774.21 (218,667.80) 1,173,106.41 Total Stormwater Fund Cash 304,355.13 144,983.28 449,338.41 ------------ ------------ ------------ Total Cash All Funds 9,813,174.02 1,491,597.09 11,304,771.11 Investments All Funds Total General Fund Investments 2,336,941.53 (724.94) 2,336,216.59 Total Utility Fund Investments 982,264.51 1,227.84 983,492.35 ------------ ------------ ------------ Total Investment All Funds 3,319,206.04 502.90 3,319,708.94 Total Cash & Investment All Funds 13,132,380.06 1,492,099.99 14,624,480.05 ============ ============ ============ Restricted Funds DCJS Forfeitures Fund 23,517.89 (13,673.40) 9,844.49 Police Donations 9,390.33 2,414.00 11,804.33 ATF Forfeitures Fund 347,123.09 (74,154.60) 272,968.49 Flex Benefit Spending Fund 1,376.34 1,376.34 CDBG Loan Program 62,883.81 10,054.33 72,938.14 Police Community Grant 9,390.33 2,414.00 11,804.33 Senior Program Fund 574.43 574.43 Date07/19/22 TOWN OF VINTON, VIRGINIA CASH AND INVESTMENT REPORT Month Ending 31May2022 BAL FWD ACT HIST END BAL 01Jul2021 01Jul2021 31May2022 31May2022 Veteran's Monument Fund 19,818.71 231.00 20,049.71 Utility Deposit Account 45,300.00 (45,200.00) 100.00 ARPA SLFRF Fund 4,053,297.66 4,053,297.66 ------------ ------------ ------------ Total Restricted Funds 509,984.60 3,932,968.99 4,442,953.59 ============ ============ ============ Meeting Date August 16, 2022 Department Public Works Issue Public Works Committee Summary The Public Works Committee met on July 27, 2022 and the following items were discussed at the meeting: • Chicken Ordinance Discussion • Right of Way Mowing Ordinance Discussion • Signal Update • Hardy Road Street Light Update • Paving Update • Striping • Mountain View Road Update • Garthright Bridge Update • Utility Transition Update Attachments None Recommendations No action required Town Council Agenda Summary