VILLAGE OF MARVIN  100041 New Town Road Marvin, NCI 28173 Tel:( (704)843-1680 I Fax: (704)8 843-1660 www.marvinne.org  VILLAGE COUNCIL. MEETING MINUTES March 25, 2021 - am Village Hall, 10004 New Town Road Work Session (Virtual Meeting)  A. AGENDA ITEMS 1. Call to Order  Mayor Pollino called thei meeting to order at 9:06am and determined that a quorum was present.  Present: Mayor) Pollino, Councilman Lein, Councilman Wortman Present Virtually: Mayor Pro Tem Vandenberg, Councilman Marcolese Staff Present: Christina Amos, Austin W. Yow, Jamiel Privuznak Staff] Present Virtually: Rohit Ammanamanchi 2. Consider Allowing Councilmembers to Participate Remotely VOTE: Thei motion passed unanimously.  Absent: None  MOTION: Councilman Wortman moved to allow Councilmembers to participate remotely.  3. Adoption of the Agenda  Councilmembers requested to make the following changes:  Tablel Discussion of Gates and Privatel Roads Ordinance until the May Work Session meeting Add Item of Discussion- - Discussion and Consideration of] Resolution tol Reaffirm the Village of Marvin's Commitment to Contribute $220,000 to the Right of Way Acquisition and Construction ofNCDOT Project U-6088,a Roundabout tol be Constructed at the Intersection ofl New Town Road (SR 1315) and Marvin Road (SR 1312) Add Item of] Discussion - Discussion ofLocal Bill, an Act tol Extend NCGS 160A-167 - Defense of Employees and  Remove the Closed Session  Officers; Payment of. Judgements tol Persons Seeking Elected Office MOTION: Councilman Wortman moved to adopt the agenda as amended.  VOTE: Thei motion passed unanimously. B. PRESENTATIONS Noj presentations were, given. C.VILLAGE HALL TIME: STAMP: 5:50  1. Village Halll Design Finishes Subcommittee Update  Christina Amos, Village Manager, recappedi recent meetings of the Village Hall Design Finishes Subcommittee and stated that  the full Council will see samples oft the subcommittee'ss selections at ai future meeting.  D. ITEMS OF DISCUSSION TIMESTAMP 7:15  1. Consider Call for Public Hearing to be held at 6:30pm on April 13,2021 at Village Hall for Conditional Usel Permit #21- MOTION: Mayor Pro Tem Vandenberg moved to call for aj public hearing tol be held at 6:30pm on April 13, 2021 at Village Hall for Conditional Usel Permit #21-12608: 3315 Sandalwood Lane, Pool in Rear Yard that Abuts a Side Yard.  12608: 3315 Sandalwood Lane, Pool in Rear Yard that Abuts a Side Yard  VOTE: Thei motion passed unanimously. TIMESTAMP 7:50  2. Discuss and Consider Approval of Resolution of] Intent to Consider an Ordinance Amending the Charter of the Village of Marvin to Change thel Number of Council Members from Five (5) to Six (6): and Setting the Date foral Public Hearing to  be Held at 6:30pm on April 13,2 2021 at Village. Hall  Page18    Ms. Amos briefly explained that this resolution would call fora aj public hearing to allow the public to voice their support or  opposition tot the charter amendment being considered.  OF  RS-2021-xX-xX  ARESOLUTION OFI INTENTTOCONSIDER ANORDINANCEAMENDINGTHE: CHARTER OFTHE VILLAGE OFMARVINTOCHANGETHEI NUMBER OFCOUNCILMEMBERS FROM FIVE( (5)TOSIX (6) ANDSETTING WHEREAS, pursuant tol NCGS $160A-101 and 160A-102, thel Marvin Village Council may adopt an ordinance to amend the WHEREAS, NCGS $160A-102 requires that proposed Charter amendments first be: submitted to aj public hearing and that due  THEI DATEI FOR. AJ PUBLICHEARINGTHEREON  Village Charter toi implement any ofthe optional forms set outi inl NCGS $160A-101; and notice thereof bej published notl less than ten (10) days prior to the date fixed for thej public hearing;  NOW,THEREFORE, BEI ITI RESOLVED by thel Marvin Village Council that:  1. The Village Councill hereby intends to consider an ordinance amending the Village Charter, as set forth in Session Law 2007-269 oft the General Assembly ofl North Carolina, as amended, to change the number of Councilmembers from five 2. Aj public hearing on the proposed ordinance is hereby called for on Tuesday, April 13, 2021 at 6:30j pm at Village Hall. 3. Following thej public hearing called hereby, the Council shall consider passage of the ordinance at the regular meeting 4. The Village Clerk is hereby directed to cause to be published in thel Enquirer Journal aj proper notice of thej public  (5) to six (6), as authorized under NCGS $160A-101(5).  on May 11,2021 at 6:30 p.m.  hearing called, which shall contain a summary oft thej proposed Charter amendment.  Adopted this 251h day of March. 2021.  MOTION: Mayor Pro Tem Vandenberg moved to approve thel Resolution of Intent to Consider an Ordinance Amending the Charter oft the Village of Marvin to Change thel Number of Council Members from Five (5) to Six (6) and Set thel Date fora a  Public Hearing tol be Held at 6:30pm on April 13,2021 at Village Hall.  VOTE: The motion passed unanimously. TIME: STAMP 10:10  3. Discussion and Consideration of Entering Interlocal Agreement with' Town of Weddington for Solid Waste Service Ms. Amos explained that this draft agreement with the' Town of Weddington has been reviewed by the Village Attorney and that neither her nor the attorney have any concerns. (See attacheda agreement, whichi is included as ai reference in these minutes). MOTION: Mayor Pro Tem Vandenberg moved to enter into an Interlocal Agreement with Town of Weddington for Solid Waste Service Agreement and Authorize Manager tol Execute Agreement Contingent on Attorney Review  Agreement and Authorize Manager tol Execute. Agreement Contingent on Attorney Review  VOTE: The motion passed unanimously. TIME STAMP 12:25  4. Discussion and Consideration of Solid Waste Request for Proposals  Ms. Amos explained that this would be thel last chance for Council to alter the RFPI before the project goes out for bid. She reviewed the details oft thel RFP with Council. Councilmembers made changes and discussed thisi item in depth. Council agreed  that it would wise to schedule a joint meeting with the Weddington Town Council.  Page2/8    TIME: STAMP 45:15  5. Discussion and Consideration of Awarding Construction Bid to Lowest Responsive Bidder in Amount Not to Exceed TBD for the Construction of Sanitary Sewer to Serve Parcel 06225390A (Corner of New Town Road and Marvin School Ms. Amos informed the Council that one bid was received for the Sanitary Sewer project andt that the bid came ini much lower than expected. She explained that since the bidi is less than $90,000 that Council may choose to waive the Village's three-quote requirement policy and award the contract to Sonshine Construction. Thej project is slated for completion in three months. (See MOTION: Councilman Lein moved to award construction bid to lowest responsive bidder, Sonshine Construction Inc., in amount nott to exceed $78,957.20 with a contingency of$ $7,895.72 for the construction of Sanitary Sewer to serve Parcel 06225390A (Corner ofl New Town Road and Marvin School Road). AND authorize Manager to execute agreement contingent MOTION: Councilman Lein moved to waive thet three-bid requirement for the awarding of construction bidt tot the lowest  Road). AND Authorize Manager to Execute Agreement Contingent Upon Attorney Review  attached documents, which are included as references in these minutes).  upon attorney: review. VOTE: The motion passed unanimously. responsive bidder for Sanitary Sewer. VOTE: The motion passed unanimously. TIME STAMP 53:10  6. Affirm thel Design Review Board Approval oft the Village Hall Project located at the corner of New' Town Road and Marvin Schooll Road with any Recommendations for each the () Sitel Plans, (ii) Building Plans, and (ii) Landscape Plans Ms. Amos explained that the Design Review Board has approved the Village Hall Project with no added conditions and that Council simply needs to affirm thel Board'sa approval. (See attached documents, which are included as references in these minutes). MOTION: Councilman Wortman moved to affirm the findings of the Design Review Board and Approval oft the Village Hall  Project as reviewed. VOTE: The motion passed unanimously. TIME STAMP: 55:05 Attorney Review  7. Discussion and Consideration of Awarding Construction Bid to Lowest Responsive Bidder in Amount Not tol Exceed TBD for the Construction of Village Hall to be Located at 10006 Marvin School Road Allowing Manager tol Negotiate with Vendor to Reduce Overall Project Costs AND. Authorize Manager to Execute Agreement Contingent Upon Ms. Amos briefly recapped thel history oft the Village Hallj project from past years. She explained that the lowest responsive bidder, Randolph and Sons, came in at $1,435,000. She reminded Council that they needed to consider the cost oft furniture, AV, security, access control, landscaping, parking lot lighting, and a contingency that is noti included in this bid proposal. She added that she received documentation showing that Randolph and Sons made a good faith effortt toi increase their MBE. (See attached documents, which are included as references int these minutes). (MBE Documents are onj fle and may be viewed at Village Hall or provided MOTION: Councilman Wortman moved toi find that Randolph and Sons have submitted sufficient evidence that they have MOTION: Mayor Pro Tem Vandenberg moved to award the Construction Bid tol Lowest Responsive Bidder, which is Randolph and Sons, in Amount $1,435,000 with a contingency of$143,500 for the Construction at 100061 Marvin School Road Allowing Manager to Negotiate with Vendor to Reduce Overall Project Costs AND Authorize Manager tol Execute Agreement  electronically by request).  attempted to meet the MBE goal policy of the Village of Marvin.  VOTE: The motion passed unanimously.  Contingent Upon Attorney Review.  Councilmembers briefly discussed and agreed that the contingency funds should be increased to $200,000.  MOTION: Councilman Wortman moved to award the Construction Bid to Lowest Responsive Bidder, which is Randolph and Sons, in Amount $1,435,000 with a contingency of $200,000 for the Construction of Village Hall to bel Located at 100061 Marvin School Road Allowing Manager to Negotiate with Vendor tol Reduce Overall Project Costs. AND Authorize Manager to Execute Council discussed previous projects completed by Randolph and Sons, including thel Police and Firel Departments of Tega Cay, South Carolina. Council agreed that they should visit these sites soon to view the quality of Randolph and Sons' work.  Agreement Contingent Upon Attorney Review. VOTE: The motion passed unanimously.  Page3/8    TIME: STAMP 1:15:05  8. Discussion of Statement of] Economic Interest and Code of] Ethics Forms and ask them to encourage their board members to return their forms.  Austin W. Yow, Village Clerk & Assistant to thel Manager, explained that most board members have returned their completed statement of economic interest and code ofe ethics forms. Council directed Mr. Yow to reach out to the Chairman of each board  TIME STAMP 1:25:50  9. Discussion and Consideration of Candidate Questionnaire & Candidate Questionnaire Policy questions for the questionnaire to Mr. Yow before the April 13 regular meeting.  Mr. Yow asked the Council for feedback on the draft policy. Council discussed this item in depth and agreed to send draft  TIME: STAMP 1:48:45 10. Discussion of Noise Ordinance  Ms. Amos informed Council that a resident has requested to reduce the allowed decibels in the Village's noise ordinance.  Council discussed thisi in depth and agreed to not change the current ordinance.  Diseussion ofGates and Private Roads Ordimance-TABLED TOI MAY27 WORK: SESSION  TIME: STAMP 1:52:25 thel Public Facilities Manager  11. Consider. Approval of General Fund Budget Ordinance, Minor Correction/Revision to OR-2021-03-02 to Appropriate Excess Salary Dollars in the Amount of$23,000 in the Culture and Recreation Budget tol Increase thel Hour per Week for  EMl 1944.  OR-2021-xx-xX  CORRECTED VERSION OF OR-2021-03-U2  AN ORDINANCE/ AMENDINGTHE GENERAL FUND] BUDGET ORDINANCE  BEI IT ORDAINED by the Village Council of the Village of Marvin, North Carolina that the following amendment be made to the SECTION: 1. To amend the General Fund Budget, the revenues and appropriations are tol be changed as shown.  annual budget ordinance for the fiscal year ending June 30, 2021:  AMENDMENT AMOUNT ($23,000) $11,000 $12,000  TYPE Expense Expense Expense  BUDGET ACCOUNT Salaries - Culture and] Recreation (Park Maintenance Associates A/C6711) Salaries- Culture and Recreation (Public Facilities Manager - A/C6031) Park Operations - Culture and) Recreation (Park Projects A/C6 6765)  FROM $44,172 $31,537 $38,500  TO $21,172 $42,537 $50,500  Reason: Toappropriate $23,000: from Salaries in the Culture and Recreation budget toi increase thel hours per week for thel Public SECTION 2. Copies of this budget amendment shalll be furnished to the Clerk tot the Governing Board, and tot thel Budget Officer  Facilities Manager andt toj purchase and construct a golf disc course at] Marvin Efird Park.  and the Finance Officer fort their direction. Adopted this 25th day ofl March 2021.  Page4/8    MOTION: Mayor Pro Tem Vandenberg moved to adopt General Fund Budget Ordinance, Minor Correction/Revision to OR- 2021-03-02 to Appropriate Excess Salary Dollars ini the. Amount of $23,000: in the Culture and Recreation Budget to Increase the  Hour per Week fort the Public Facilities Manager. VOTE: The motion passed unanimously. TIME: STAMP 1:53:20  12. Consider. Adoption of General Fund Budget Ordinance to. Amend Various Operating Expense Lines in the General  Government and Planning and Zoning General Fund Budgets  A HCARO OR-2021-XX-xX  AN ORDINANCE. AMENDING THE GENERALFUND! BUDGETORDINANCE  BEIT ORDAINED by the Village Council oft the Village of] Marvin, North Carolina that the following amendment be made to the SECTION 1. To amend the General Fund Budget, the revenues and appropriations are tol be changed as shown.  annual budget ordinance for the fiscal year ending June 30, 2021:  AMENDMENT AMOUNT ($615) $615 ($200) ($400) $600 ($800) $800  TYPE Expense Expense Expense Expense Expense Expense Expense  BUDGET ACCOUNT Travel - General Government (A/C6402) Fellowship Hall - General Government (A/C4703) Gifts General Government (A/C4400) Mileage - General Government (A/C4806) Advertising - General Government (A/C4 4802) Travel -1 Planning and! Zoning (A/C 6402) Public) Hearing Notice- - Planning and Zoning (A/C6509)  FROM $5,000 $500 $900 $2,000 $600 $1,200 $1,500  TO $4,385 $1,115 $700 $1,600 $1,200 $400 $2,300  Reason: To reappropriate funds from various operating expense lines in the General Government and the Planning and Zoning budgets to rebalance the expense overages in thel Fellowship Hall, Advertising and] Public Hearing Notice line-items. SECTION2. Copies of this budget amendment shall be furnished to the Clerk to the Governing Board, and to the Budget Officer  and the Finance Officer for their direction. Adopted this 25th day ofl March 2021. VOTE: The motion passed unanimously.  MOTION: Mayor Pro' Tem Vandenberg moved to adopt General Fund Budget Ordinance to. Amend Various Operating Expense  Lines ini the General Government and Planning and Zoning General Fund Budgets.  Page518    TIME STAMP 1:53:50  13. Consider Approval of March 2021 Tax Refunds (See attached document, which is included as a refèrence in these minutes). Jamiel Privuznak, Finance Officer, distributed an updated document regarding thel March 2021 tax refunds. MOTION: Councilman Marcolese moved to approve thel March 2021 Tax Refunds.  VOTE: The motion passed unanimously. TIME: STAMP 1:54:55 14. Discussion of Marvin Heritage District Next Steps  Rohit Ammanamanchi, Planning and Zoning Administrator recapped previous Council discussions on this topic. He explained that by consensus Council agreed that the Village of Marvin should move: forward with the creation oft the zoning district for the Marvin Heritage District. He explained that based on recent feedback, he would present ai final draft oft the zoning district to the Council discussed this item in depth agreed that the Village should not] pay to complete renderings and allow the property owners to make proposals based on zoning district. Mr. Ammanamanchi clarified that after the Committee votes on the: zoning district that it will go! before the Planning Board. Council agreed by consensus to direct Mr. Ammanamanchi toj present the draft  Marvin Heritage District Strategic Plan Committee att their next meeting on April1.  zoning district to the Committee andt to send the draft to all Councilmembers. 15. Discussion and Consideration of Changing Village Hall Office Hours  TIME: STAMP2:05:05  Ms. Amos asked Council for their consent to change the Village Hall Office hours to 10am-2pm, Monday through Thursday. 16. Review of Council Meeting Minutes from 2/19/21 (Retreat), 2/25/21 (Work Session), 3/8/21 (Joint with Planning Board), 3/9/21 (Budget Work Session), 3/9/21 (Regular), 3/10/21 (Special), and 3/10/21 (Village Halll Design Finishes Council reviewed the draft minutes and made changes. Council directed Mr. Yow toj place the minutes ont the consent agenda for 17. Discussion and Consideration of Resolution tol Reaffirm the Village of Marvin's Commitment to Contribute $220,000 to the) Right of Way. Acquisition and Construction of NCDOT: Project U-6088, al Roundabout to be Constructed at the Ms. Amos explained that this resolution is an affirmation oft the Village's financial commitment to contribute $220,000 in total tol NCDOT for thel New Town Road/Marvin Road roundabout project. She explained that this resolution wasi requested by State  Council agreed by consensus tot this change. TIME STAMP2:06:15 Subcommittee)  the April 13 regular meeting as amended. TIME STAMP2:14:35  Intersection of New' Town Road (SR 1315) and Marvin Road (SR 1312) Representative David Willis to aid) him in securing additional funds for thej project.  E  RS-2021-XX-xX  Al RESOLUTIONTOREAFFIRMTHE VILLAGEOFI MAMVNSCOMNITMINTON CONTRIBUTE $220,000 TO THE. RIGHTOF WAY ACQUISITION. AND CONSTRUCTION OF NCDOTI PROJECTU-6088, Al ROUNDABOUTTOI BE CONSTRUCTEDATTIE WHEREAS the Village ofl Marvin and thel North Carolina Department ofTransportation (NCDOT) on 3/12/2018, entered into a certain Project. Agreement for the original scope: the conversion of the existing stop-controlled: intersection at New Town Road WHEREAS the Village ofl Marvin and NCDOT on 4/22/2020, entered into a Supplemental Agreement to return the Village's local participation in the construction phase of thej project due toi the delay in thel letting date oft thej project; and WHEREAS the Village of Marvin and) NCDOT on 2/11/2021, entered into a 2nd Supplemental Agreement to address the increase inj project costs andi revise thel localj participation int thel ROW and CON phases of thej project; and  INTERSECTION OF NEW TOWN) ROAD (SR 1315) AND MARVIN ROAD (SR1 1312)  (SR 1315) and Marvin Road (SR 1312)toaroundabout, programmed under Project U-6088; and  Page 618    WHEREAS the new estimated cost of thej project is $1,905,000 and costs that exceed the total estimated cost willl be shared WHEREAS the estimated local match for the Right of Way (ROW) phase is $120,000 of which $15,000 has previously been received by NCDOT and the Village of Marvin will make the remainder oft this] payment in accordance with the 2nd WHEREAS the estimated local match fort the Construction (CON) phase is $100,000 andt the Village of Marvin will make this WHEREAS upon completion oft thel Project, NCDOT will calculate the actual costs oft the work and willl bill the Village of Marvin for any excess project costs based on the above participation rates and the Village of Marvin will make this payment in NOW, THEREFORE, BE IT RESOLVED that thel Marvin Village Council hereby reaffirms its commitment to contribute funding ini thet total estimated amount of $220,000 towards the completion of] Project U-6088 and to make payments to NCDOT  equally between NCDOT (50%) and the Village ofl Marvin (50%) to allj phases oft the project.  Supplemental Agreement.  payment in accordance with the 2nd Supplemental Agreement. accordance with the 2nd Supplemental Agreement. in accordance with the 2nd Supplemental Agreement. Adopted. this 251h day of March 2021.  MOTION: Councilman Lein moved to approve the Resolution tol Reaffirm the Village ofl Marvin's Commitment to Contribute $220,0001 to thel Right of Way Acquisition and Construction OfNCDOTF Project U-6088, al Roundabout tol be Constructed at the  Intersection ofl New Town Road (SR 1315) and Marvin Road (SR 1312).  VOTE: The motion passed unanimously. TIME: STAMP 2:21:50  18. Discussion of Local Bill, an Act to Extend NCGS 160A-167 - Defense of Employees and Officers; Payment tofJudgements Ms. Amos asked Council for changes to the draft local bill. Council altered the wording ofand discussed the draft bill in depth. MOTION: Mayor Pro Tem Vandenberg moved to authorize thel Manager to submit a proposed local bill to amend GS 160A- 167: for Defense of] Employees and Officers; Payment of. Judgements tol Persons Seeking Elected Office as discussed and  tol Persons Seeking Elected Office (See attached document, which isi included as a reference in these mimutes).  amended at this meeting. VOTE: The motion passed unanimously.  E. OPEN TOPICS Not topics were discussed F. COMMUNICATIONS TIME STAMP2:32:30  1. Discussion and Consideration of Communication Topics for April 2021 communication topics for April 2021. Council added various topics to thel list.  Mr. Yow gave al brief update on the state oft the Village's communications. He then asked Council for feedback on  G.R REPORTS AND UPDATES TIME: STAMP: 2:42:00 1. Manager's) Report  Ms. Amos informed the Council that Marvin will receive $1,990,000 in COVID-19 relief funds from the American Rescue Plan. She notedt thats she is not yet familiar with restrictions that may exist on these funds, but will report back ata ai future meeting.  TIME: STAMP: 2:49:20 2. Planner's Report a. Annexation Update  Mr. Ammanamanchi informed Council that staffi has not received many annexation petitions, nor has staff! had much success with scheduling meetings with HOAs in Marvin's annexation area. He also stated that al local bill for the next legislative session to annex limited properties in the annexation area may be possible. Council discussed this idea ofa local bill in depth. Council agreed to discuss this item again at thel May 27 work session meeting.  Page 718    Mr. Yowi informed Council that one parcel owned by the Village adjacent tol Marvin Efird Park was never annexed. He asked Council for feedback and Council agreed tos reach out to former Village Administrator, Terri Patton fori more  information. Council agreed to discuss this item again att thel May 27 work session meeting. MOTION: Councilman Wortman moved to excuse. Mayor Pro Tem Vandenberg at 12:05pm.  VOTE: The motion passed unanimously. b. Gene Stowe- - Inherit the Land Documentary formed was formed tol help raise additional funds.  Mr. Ammanamanchi, informed Council that the filming of the documentary was recently completed and a non-profit  H. AGENDA ITEMS TIME STAMP3:07:45 1. Review of Action Items  Ms. Amos and Mr. Yow will arrange at trip to Tega Cay for Councilmembers to view projects completed by Randolph Ms. Amos will ask the Village Attorney about] how to enforce the SEI and COE: forms, and iff failure to sign can lead to Ms. Amos willi issue notices toj proceed and thes signt the contracts fort the Sanitary Sewer and Village Hall projects. Ms. Amos wills submit the local bill fort the defense of employees and officers tol Representative Willis. Ms. Amos and Mr. Yow will: schedule aj joint meeting with the Weddington Town Council. Ms. Amos will get more: information ont the American Rescue Fund and report back ata ai future meeting. Mr. Ammanamanchi willj present the draft zoning district tot thel MHD SP Committee on. Aprill 1. Mr. Ammanamanchi wills send the draft zoning district to all Councilmembers. Mr. Yow will add the annexation local and annexation ofp park property to the May 27 work session meeting agenda. Mr. Yow will add discussion of gates andj private roads to the May 27 work session meeting agenda.  and Sons.  removal of board members.  Ms. Amos wills send out thel RFP for solid waste.  Review of Ongoing Action Item List Council reviewed thel list but made no changes. TIME: STAMP: 3:11:00 2. Council Comments  Mayor Pollino: He thanked staff for their hard work. He thanked all whoj participated ini thel bids fort the Village Hall and Sanitary Sewer projects. He thanked State Representative David Willis for sponsoring the local bill.  Councilman Lein: He thanked staff for their hard work.  CLOSED SESSION No closed: session occurred. J. ADJOURNMENT  MOTION: Councilman Wortman moved to adjourn the meeting at 12:18pm.  VOTE: The motion passed unanimously.  4-13-2/ JGE OF MA SEAL N.C.  Adopted:  Josephl E.I PollinoJr, Mayor Villagec  Austin W. Yow Village of1 Marvin  uk  Village Clerk & Assistant to the Manager  Page8/8    Iten D.3.  STATE OF NORTH CAROLINA COUNTY OF UNION  INTERLOCAL AGREEMENT  THIS AGREEMENT is made and entered into this the day ofthe  2021, by and among, The Town of Weddington, NC and the Village of  Marvin, NC (hereinafter collectively referred to as the Parties").  WITNESSETHE  WHEREAS, pursuant to NCGS S 160A-327 Weddington and Marvin have notified the public oftheir intent to investigate the displacement of private solid waste service providers  within their respectivejunsdictions; and  WHEREAS, as part oft that investigation, the Parties have jointly determined to seek proposals from solid waste providers to determine ift those proposals result in financial, environmental and service improvements for the citizens of Weddington and Marvin; and WHEREAS, the Parties have determined that it is in the best interest of both to cooperate in this endeavor in that it offers potential savings in costs and staff time and allows an efficient  means for Proposer's to participate ini the RFP Process;  WHEREAS, the Parties, through their staff, will create and publish al Request for Proposals ("RFP") for solid waste services which will seek pricing and service levels commensurate with the requests and requirements oft the Parties; and  WHEREAS, the Parties, acknowledge that while working through development, publication and consideration oft the RFP and proposals received from potential service providers ("Proposer)", (the "RFP Process")i issues may arise that require cooperation between the  pParties; and  WHEREAS, the Parties desire to set: forth the following to provide guidance and  oversight to the RFP process; and  WHEREAS, this Agreement is made under the authority ofN.C. Gen. Stat. $ 160A-460 NOW, THEREFORE, for and in consideration of the mutual covenants and agreements hereinafter set forth, the parties hereto do each contract and agree with the other as follows: JuneAugust 15, 2021. This Agreement: may only be terminated upon expiration oft the aforementioned term without an amendment extending the term executed by both parties to this Agreement. Notwithstanding the foregoing, the Parties may, either by mutual written consent or at the convenience of either party, terminate this Agreement at any time and for any reason.  ets seq.  1.  The term ofthis Agreement shall begin on. March 1, 2021 and shall continue until  1of3    2.  The Parties agree that each will pay fori its own staff's contributions to the RFP  Process. The Parties further agree that each will be responsible for its own attorney' 's fees and for those other costs or expenses oft the RFP process that fall under that Party's control. Upon written consent ofboth Parties, the Parties may share equally in other costs or expenses  associated with the RFP Process.  3.  The Parties agree that the RFP will seek pricing for a variety of service levels and  that pricing shall be provided fori i) Weddington alone; ii) Marvin alone; and ifi) both Parties  should they both choose the same Proposer at the end oft the RFP Process.  4. with any Proposer. 5.  The Parties agree that each Party will enter into its own contract with that Party's  chosen Proposer. This Agreement does not obligate any oft the Parties to enter into a contract  Proposals responsive to the RFP shall be submitted sealed and sent to Marvin.  The Parties shall establish selection teams consisting of the respective Town Manager andTown Administrator, one elected official, and one citizen that resides in the respective jurisdiction (the Weddington Team" and the "Marvin Team" collectively, the "Team"). Representatives from Tthe Weddington Team and the Marvin Team shall be present at the opening ofs submitted proposals. The Team may agree to establish processes and procedures to facilitate the RFP Process including but not limited to i) standards for proposal review, i) the requirement of pre- bidi meetings, ini) methods by which Proposer questions may be submitted and answered and iv)  any other process that facilitates the RFP Process.  6.  The RFP shall require Proposers toj post bid security in the form of a bond, check  orl letter of credit. The bid security will be made payable to the "Town of Weddington or the Town ofl Marvin" and the security shall be submitted to and held by the Town of Weddington. The bid security shall be returned to Proposers when their bid has been rejected. The winning Proposer shall have its bid security returned upon submission ofa required performance bond. Failure by a Proposer to submit bid security disqualifies that Proposer from consideration. Marvin shall notify Weddington, in writing ofits decision to reject or accept each proposer within 24 hours ofs such decision in order to ensure prompt return ofbid security to all proposers. the RFP as appropriate to achieve the goals oft the Parties with respect to the RFP Process.  7. 8. 9.  By mutual written agreement of the Parties, the Parties may amend the scope of This Agreement may be amended by mutual, written consent ofthe parties. This Agreement may be signed in counterparts, each of which shall be an original,  with the same effect as ift the signatures thereto and hereto were upon the same instrument. The Parties hereto confirm that any facsimile copy or photocopy of another party's executed counterpart ofthis Agreement (ori its signature page thereof) will be deemed to be an executed original thereof. This Agreement may be supplemented, amended or revised only in writing by  agreement ofall the Parties to this Agreement.  2of3    IN WITNESS WHEREOF, the parties hereto have caused this instrument to be executed  the day and year above written. TOWN OF WEDDINGTON:  Attest:  By:  Town Administrator  This instrument has been pre-audited in the manner: required by the Local Government Budget  and Fiscal Control Act. Finance Director  VILLAGE OF MARVIN:  Attest:  By:  Town Administrator  This instrument has been pre-audited in the manner: required by the Local Government Budget  and Fiscal Control Act. Finance Director  3of3    I4om D.5.  VILLAGE OF MARVIN  10004 New Town Road I Marvin, NCI 28173 |Tel: (704) 843-1680 I Fax: (704) 843-1660 www.marvinnc.org  H CARO  TO: FROM: DATE: Background  Mayor and City Council Christina Amos, Village Manager  SUBJECT: Village Hall Bid Tabulation  March 24, 2021  Over the last several years, Council has explored various options the property owned by the Village at the corner ofNew Town Road and Marvin School Road which has included projects such as Village Hall, Amphitheatre, and/or a Farmer's Market. In addition, Council has been actively assessing the possibility ofa Municipal Heritage District at which this property would be within the defined perimeters. Upon enactment of  any of these uses, sanitary sewer would be needed at some point.  Current  Upon engineering estimates, this project was expected to come back over $100,000 which is why staff conducted a formal bid; however, when bids were submitted, they came back at $78,957.20 which is under the statutory formal bidding requirements. The Village purchasing policy (attached) does require 3 bids; however only 1bid was received. This RFP was sent to 25-30 vendors AND submitted to the North Carolina Department of Administration Historically Underutilized Businesses. Due to the high outreach efforts and likely the same response to be generated by a rebid, staffi is requesting Council to waive the three bid requirement and award the project to the lowest responsive bidder who actually came in under our engineered estimates.  Requested Action  Discussion and Consideration of Awarding Construction Bid to Lowest Responsive Bidder, Sonshine Construction, Inc. in Amount Not to Exceed $78,957.20 with a Contingency of $7,895.72 for the Construction of Sanitary Sewer to Serve Parcel 06225390A (Corner ofNew Town Road and Marvin School Road). AND  Authorize Manager tol Execute Agreement Contingent Upon Attorney Review.    Excerpt from Finance Policy  3.4Informal Bids: Construction or Repair Contracts between $30,000.00 and $499,999.99 Notwithstanding Section 4.2 and 4.6 oft this policy, purchases int this range must be obtained through informal bids per G.S. 143-131. Departments are: responsible for arranging ai request for quote (RFQ) and will allow vendors sufficient time to respond to the request based on its complexity. RFQs in the informal bid range may or may: not be advertised to the public in compliance with G.S. 143-129. A minimum oft three (3) vendors, if available, will receive the RFQ. A minimum number of three (3)quotes is required. Quotes in the informal bid range: may be submitted through U.S. Mail, email, fax, or hand delivery. Verbal quotes are unacceptable in the Purchases within this threshold must bel have prior budget authority AND selection oft the vendor must be approved by an action oft the governing board in an official public meeting before issuance of payment. In addition, in compliance with G.S. 143-128(a1), selection of construction: method for building projects over $300,000 must be authorized and approved by Village Council in an official public meeting. In order to meet the pre-audit requirements of G.S. 159-28, purchases between $30,000-$499,999.99 must comply with Section 2.4 ofthis policy. Purchases within this threshold require Village Administrator approval as part oft the Purchase Order/Quote Form authorization. Formal Historically Underutilized Business (HUB) requirements should be used for informally bid projects costing between $300,000 and $500,000 for Local Funded projects or $100,000 and above for State Funded projects in compliance with G.S. 143-128.2; in addition, projects costing $30,000 or above shall comply with informal HUB requirements as set forth in G.S. 143-131 (b) (see Exhibitl F  informal bid price range.  as attached herein).    INSTRUCTIONS TO BIDDERS  Page 2of3  All Bids shall be placed in a sealed envelope with the: following information printed on the outside of  the envelope: BID FOR: BIDDER'S. NAME: DO1 NOT OPEN UNTIL:  Marvin Town Sanitary Sewer Extension Project Name SONSHINE CONSTRUCTION, INC. Contractor's. Name March 23,202112:00 p.m. E.S.T Bid Opening Dute & Time  BIDIDI #1 1001  BID BOND: Each proposal must be accompanied by a Bid Deposit of cash, certified check or a fully executed Bid. Bond payable to the Village ofMarvin in an amount off five percent (5%) oft the gross amount of the base-bid proposal executed in accordance with and conditioned as prescribed by North BIDS. ARE FIRM OFFERS: All Bids shall be firm offers to contract for 120 days from the Bid Deadline. Unless forfeited, Bid Bonds shall be returned tol Bidders upon the earlier of Contract BID PHASE CONTACT: For questions regarding the Project or Instructions to Bidders, contact: Christina Alphin, Village Administrator. The Village will attempt to answer all questions in writing by addenda. THE VILLAGE WILL NOT MAKE ORAL REPRESENTATIONS AND BIDDERS ADDENDA: Addenda will be filed on Village's website and delivered by email to all persons who have requested Contract Documents. The Bidder shall be responsible for inquiring if Addenda have SELECTION CRITERIA: It is the intent of the Village to award a Contract to the lowest responsive, responsible Bidder provided the Bid has been submitted in accordance with the requirements of the Bidding Documents and does not exceed the funds available. However, the Village reserves the right to reject any and all bids. The Village reserves the sole right to waive informalities and irregularities in a Bid received and to accept the Bid which, in the Village's judgment, is in the Village's oWn best interests. Alternates will be reviewed in consideration of the overall project cost to determine feasibility within the project budget. The Village shall accept or reject any alternates in any order or combination. To determine the lowest bidder, the Village shall calculate the sum of the total base bid and/or the deduction or addition of the alternates, if accepted. Consideration will be given only to Bids from contractors who are properly licensed, bonded, experienced in the class of work proposed and who can refer to projects of similar magnitude and ONLY1BID PER ENTITY: No entity or person may submit or participate ini the submission of  Carolina General Statute 143-129 as amended.  Award or 180 days from the Bid Deadline.  MAY NOT RELY ON ORAL REPRESENTATIONS.  been issued.  character that have been completed by them.  more than one (1)) Bid.    INSTRUCTIONSTO BIDDERS  Page 3 of3  NEGOTIATIONS WITH APPARENT LOW BIDDER: The Village reserves the right to negotiate with the lowest responsive and responsible bidderi ift the bid exceeds estimated costs or available funds. Negotiations may include reduction in bid price, modification, and/or reduction in scopc ofthc work, substitution ofi matcrials, or any othcr altcrations to thc work, sO that thc low bid is reduced to within available funds, including a reasonable fund balance for contingency funds tol be CONTRACT AWARD: The Village will inform the Selected Bidder ofi its selection and request that the Selected Bidder submit the executed. Agreement plus insurance certificates and payment and performanco bonds. Thc Sclcctcd. Bidder: shall submit thc requcsted documents sO that thcy arc received by Village within 10 calendar days (ors such other time as designated by Village) from the date ofnotice ofs selection. The Selected Bidder's failure to do sO will result in forfeiture ofi its bid bond. The contract shall not be deemed awarded and this Agreement shall not be binding on the Village unless and until both the Selected Bidder and Village have both executed the Agreement.  available during the course ofc construction.  MBE Goal: The MBE participation goal for this contract is 10%.  Signed by:  Pine Mar feuk company representative)  Hhh  Contractor's Name: SosIE CodEnVErow INL,    BID PROPOSALFORM  Page 1 of2  PROJECT NAME: MARVIN VILLAGE HALL 10006 MARVIN SCHOOL ROAD MARVIRNCAIT-SANTAV SEWER LINE EXTENSION.  NAME OF BIDDER: Sonshine Construction, Inc.  The undersigned bidder hereby offers, ini the lump sum amount stated below, to furnish all labor, materials, tools, equipment, apparatus, facilities, transportation and permits for the construction oft the Village of] Marvin Village Hall at 10006 Marvin School Road, Marvin, NC, ifthis offer is accepted by  the Village.  TOTAL AMOUNT OF BASE: BID $78,957.20  LUMP SUM  (use figures only)  The base bid amount is to be stated in figures only and is the total amount bid for the entire contract work including all applicable allowances and taxes. Any alteration, erasure, or change must be clearly indicated and initialed by the bidder. The bidder agrees that ift there are any discrepancies or questions  in the figures, the Village will use the lower figure despite the bidder's intent. Additionally, provide the amounts for the following divisions: I Division 01 - General Requirement $5600 I Division 02 - Site Construction $73;357.20  - Division 03 - Concrete Division 04 - Masonry. Division 05 - Metals Division 06- - Wood and Plastics I Division 07 - Thermal and Moisture Protection Division 08 - Doors and Windows Division 09 - Finishes  ) Division 10 - Specialties (Signage, bathroom accessories, fire extinguishers, etc)$  Division 11 - Equipment (appliances) $  I Division 12 -1 Furnishings (window blinds, casework, etc.)  $  Division-13 Speeial-Censiuetien Dsion-4 Cenveying-Systems Division 15 - MechanicalPlambing Division 16- - Electrical    BID PROPOSAL FORM  Page 20 of2  ACKNOWLEDGEMENT Or ADDENDA:  The undersigned acknowledges receipt ofthe following addenda:  No.. 1 No. 2 No. 3  Dated: 3-1-21 Dated: 3-9-21 Dated: 3-16-21  No._4 No. No.  Dated: 3-22-21 Dated: Dated    MBE FORMS  (Attach appropriate forms to this sheet)    ATTACH7 TOBID ATTACHTOBID ATTACHTOBID ATTACHTOBID  Village ofMarvin "GOOD FAITH EFFORT"  COUNTY OF Meck  AFFIDAVIT OF Sonshine Construction,lnc.  (Name ofBidder)  Ihave a good faith effort to comply under the following areas checked:  (A minimum of 5 areas must be checked Yes in order to have achieved a "good faith effort")  (Y/N) Y_  (1) Contacting minority businesses that reasonably could havel been expected to submit a quote and that were known to the contractor or available on State or local government: maintained lists at least 10 days before the bid or proposal date and notifying them ofthe nature and scope oft the (2) Making the construction plans, specifications and requirements available for review by prospective minority businesses or providing these documents to them at least 10 days before the (3) Breaking down or combining elements of work into economically feasible units to facilitate (4) Working with minority trade, community, or contractor organizations identified by the Office of Historically Underutilized! Businesses and included ini the bid documents that provide assistance in  work tol be performed.  Y_  bid or proposals are due. minority participation.  recruitment ofr minority businesses.  (5) Attending any probed meetings scheduled by the public owner.  (6) Providing assistance in getting required bonding or insurance or providing alternatives to bonding (7) Negotiating in good faith with interested minority businesses and not rejecting them as unqualified without sound reasons based on their capabilities. Any rejection ofminority business based on lack ofqualification should have the reasons documented writing. (8) Providing assistance to an otherwise qualified minority business ini need of equipment, loan capital, lines of credit, or joint pay agreements to secure loans, supplies, or letters ofcredit, including waiving credit that is ordinarily is required. Assisting minority businesses in obtaining the same unit pricing with the bidder's suppliers in order to help minority businesses in  ori insurance for subcontractors.  _Y_  Y  establishing credit.  MBE Form 2    ATTACHTOBID ATTACHTOBID ATTACHTOBID ATTACHTOBID  Identification ofl Minority Business Participation  I, Sonshine Construction, Inc.  (Name of Bidder)  do hereby certify that on this project, we will use the following minority business enterprises as construction  subcontractors, vendors, suppliers or providers of professional services.  Firm Name, Address and Phone # Salas Carpentry 704-451-9087 Vanessa Funez  Work Type framing cleaning  *Minority Category H H  *Minority categories: Black, African American (B), Hispanic (H), Asian. American (A), American Indian (I), Female (F), Socially and Economically Disadvantaged (D)  The total value of minority business contracting will be ($)_47,955  MBE Form 1    Ttem D.6.  01  VILLAGE OF MARVIN  10004 New Town Road Marvin, NCI 28173 |Tel: (704) 843-1680 Fax: (704) 843-1660 www.marvinnc,org  H CARO  TO: FROM: DATE: Current  Mayor and City Council Christina Amos, Village Manager  SUBJECT: Village Hall Design Review Board Affirmation  March 17,2021  At the time oft this writing, the Design Review Board was set to meet to discuss and consider approval ofa all the plans as attached on 3/17/21 (later this afternoon at the time oft this writing). Iti is expected approval will be granted from all the documents attached. Staff will have ai report prepared before the Council meeting based off  the iscussion/approya. that will take place tonight.  Requested Action Landscape Plans.  Affirm the Design Review Board Approval oft the Village Hall Project located at the corner ofl New Town Road and Marvin School Road with any Recommendations for each the (i) Site Plans, (ii) Building Plans, and (ii)    avou SINEWNOOG! 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License Number Bidders Addendums/4) Experiencewith Executionof Bonding Forms RequiredMBEA Amount Actud'MBE Insurance E-Verify AWARD) (POST BASEBID TOTAL OFALL BIDDEPOSIT  UNSUITABLES Amount 2,350,000.00 87,450.00 5% 1,498,800.00 28,650.00 1,574,000.00 36,350.00 5% 1,435,000.00 20,450.00 59lowestBidder 1,552,355.28 1,838,000.00 91,150.00 1,770,000.00 57,875.00 1,549,000.00 91,823.00 1,629,000.00 17,589.50 1,592,761.00 65,100.00  C4Builders Hoss Contracting Carolina Contracting RandolphE Builders Sonshine Construction Edison Foard MCope Simon8 & Watson Southside Constructors KMD Construction  73522/yes 77611ves 73282/yes 21477/ves 21631_yes Yes 1685/yes 71908/yes 46690yes 45931yes 49998  SecondLowest Bidde  Semi yes  70426.45    Ten D.7.  INSTRUCTIONS TO BIDDERS  Page 1of 3  The Village of Marvin (hereafter, the Village" or "Owner") will receive sealed bids for the following  Project:  PROJECT NAME:  Marvin Village Hall  SCOPE OF WORK: The scope of work includes the labor, material and equipment for the construction ofar new 6,000 SF, one level wood framed structure with premium doors & windows which will be used for municipal and assembly use. Thel building is composed of general office and a 1-1/2 story central assembly space, core: restroom facilities, various sized conference/communiy rooms and associated storage. General finishes are specified in the contract documents; all earthwork, BIDDING SUBSTITUTION/PRIOR APPROVAL REQUESTS: Requests for changes in products, materials, equipment, and methods of construction from those indicated in the Bidding and Contracting Documents, submitted prior to receipt of bids. (See Attachments 1,2 and 3, hereby CONTRACT DOCUMENTS: The Contract Documents are this Project Manual (which contains the Invitation tol Bid, Instructions to Bidders, Bid Documents, Agreement, Forms, Supplementary General Conditions, MBE Guidelines, Dispute Resolution Requirements, and Specifications), the Plans & Drawings, and any addenda. Contractors shall adhere to the specifications in the project plans  paving and site utilities are included.  incorporated by reference.)  including but not limited to sheets SP1-SP3.  BID DEADLINE: All sealed bids must be submitted to the Village ofMarvin either in person or by mail to the attention ofVillage Manager, Christina Amos, or Village Clerk, Austin Yow by March 23, 2021 at 12:00 p.m. E.S.T. at 10004 New Town Road, Marvin, NC28173 at which time and location  all bids will be opened publicly and read aloud by the Project Architect.  TIMELINE:  Project Advertisement Bid Documents Available Pre-Bid Meeting at 10:00 AM: EST Bids due by 12:00 PM EST Village Council to Award Contract Completion of Project Instructions to Bidders Bid Proposal Form Representative Projects Form Execution ofBid Form Bid Bond MBE: Forms  Monday, February 22, 2021 Monday, February 22, 2021 Monday, February 22, 2021 Tuesday, March 23, 2021 Thursday, March 25, 2021 8n months from Notice to Proceed  CONTENT OF BID: Each Bid must contain the following fully-completed forms/documents:  Bidding Substitution Request Form    INSTRUCTIONS TO BIDDERS  Page 20 of3  All Bids shall be placed in a sealed envelope with the following information printed on the outside of  the envelope: BID FOR: BIDDER'SI NAME: DO NOT OPEN UNTIL:  Marvin Village Hall Project. Name Contractor's Name March 23, 2021 12:00 p.m. E.S.T Bid Opening Date & Time  BID ID # 1000  BID: BOND: Each proposal must be accompanied by a Bid Deposit of cash, certified check or a fully executed Bid Bond payable to the Village of Marvin in an amount of five percent (5%) ofthe gross amount of the base-bid proposal executed in accordance with and conditioned as prescribed by North BIDS ARE FIRM OFFERS: All Bids shall be firm offers to contract for 120 days from the Bid Deadline. Unless forfeited, Bid Bonds shall be returned to Bidders upon the earlier of Contract BID! PHASE CONTACT: For questions regarding the Project orl Instructions to. Bidders, contact: Christina Alphin, Village. Administrator. The Village will attempt to answer all questions in writing by addenda. THE VILLAGE WILL NOT MAKE ORAL REPRESENTATIONS AND BIDDERS ADDENDA: Addenda will be: filed on Village's website and delivered by email to all persons who have requested Contract Documents. The Bidder shall be responsible for inquiring if Addenda have SELECTION CRITERIA: It is the intent of the Village to award a Contract to the lowest responsive, responsible Bidder provided the Bid has been submitted in accordance with the requirements of the Bidding Documents and does not exceed the funds available. However, the Village reserves the right to reject any and all bids. The Village reserves the sole right to waive informalities and irregularities in a Bid received and to accept the Bid which, in the Village's judgment, is in the Village's own best interests. Alternates will be reviewed in consideration of the overall project cost to determine feasibility within the project budget. The Village shall accept or reject any alternates in any order or combination. To determine the lowest bidder, the Village shall calculate the sum of the total base bid and/or, the deduction. or addition of the alternates, if accepted. Consideration will be given only to Bids from contractors who are properly licensed, bonded, experienced in the class of work proposed and who can refer to projects of similar magnitude and ONLY1BID PER: ENTITY: No entity or person may submit or participate in the submission of  Carolina General Statute 143-129 as amended.  Award or 180 days from the Bid Deadline.  MAYNOT RELY ON ORAL REPRESENTATIONS.  been issued.  character that have been completed by them.  more than one (1) Bid.    III. PROSECUTION AND PROGRESS 3.1 NOTICE' TOPROCEED  The Owner shall deliver to Contractor a written Notice to Proceed stating the date on which it is expected the Contractor will begin the Work and from which date Contract Time will be charged. The Contractor shall begin the Work to be performed under the contract within ten (10) calendar days oft the date set in the Notice to Proceed, but in any event, the Contractor shall notify the Owner in writing at least 24 hours in advance of  the time actual construction operations will begin. 3.2 PROSECUTION AND PROGRESS  Unless otherwise specified, the Contractor shall submit his/her progress schedule for the Owner's approval within fourteen (14) work days after execution ofthis Agreement. The Contractor's progress schedule, when approved by the Owner, may be used to establish major construction operations and to check on the progress Ifth the Contractor falls significantly behind the submitted schedule, the Contractor shall, upon the Owner's request, submit ai revised schedule for completion oft the Work within the Contract Time and modify his/her operations toj provide such additional materials, equipment, and labor necessary to meet the revised schedule. Should the prosecution oft the Work be discontinued for any reason, the Contractor shall notify the Owner in The Contractor shall not commence any actual construction prior to the date set forth in the Notice to Proceed.  oft the Work.  writing at least 24 hours in advance ofresuming operations.  3.3 TEMPORARY SUSPENSION OF THE WORK  The Owner shall have the authority by written notice to the Contractor, to suspend the Work wholly, or in part, for such period or periods as the Owner may deem necessary, or for such time as is necessary due to the failure on the part oft the Contractor to carry out orders given or to perform any or all ofthe Contractor's other  duties under this Contract.  A. Ifthe Contractor is ordered by the Owner to suspend the Work under this Section due to an unforeseen cause not otherwise provided for in the other provisions oft this Contract and over which the Contractor has no control, the Contractor may bei reimbursed for actual money expended on the Work during the period of shutdown. No allowance will be made for anticipated profits. The period of shutdown shall be computed from the effective date of the Owner's order to suspend the Work to the effective date ofthe Owner's order to resume the Work. Claims for such compensation shall be filed with the Owner within the time period stated in the Owner's order to resume work. The Contractor shall submit with its claim  information substantiating the amount shown on1 the claim.  B. Ifthe Work is suspended under this Section for an indefinite period, the Contractor shall  perform the following duties:  1.  Suitably store all materials.  D 8    INSTRUCTIONS TO BIDDERS  Page 3 of3  NEGOTIATIONS WITH APPARENT LOW BIDDER: The Village reserves the right to negotiate with the lowest responsive and responsible bidder ift the bid exceeds estimated costs or available funds. Negotiations may include reduction in bid price, modification, and/or: reduction in scope oft the work, substitution of materials, or any other alterations to the work, SO that the low bidi is reduced to within available funds, including a reasonable fund balance for contingency funds to be CONTRACT AWARD: The Village will inform the Selected Bidder of its selection and request that the Selected Bidder submit the executed Agreement plus insurance certificates and payment and performance bonds. The Selected Bidder shall submit the: requested documents sO that they are received by Village within 10 calendar days (or such other time as designated by Village) from the date of notice of selection. The Selected Bidder's failure to do sO will: result in: forfeiture ofi its bid bond. The contract shall not be deemed awarded and this Agreement shall not be binding on the Village unless and until both the Selected Bidder and Village have both executed the Agreement.  available during the course of construction.  MBE Goal: The MBE participation goal for this contract is 10%.  Signed by:  Printed:  (Contractor'sa authorized company representative)  Contractor's Name:    OF  VILLAGE OF MARVIN  10004 New Town Road Marvin, NCI 28173 ITel.704)843-1680 Fax: (704)843-1660 www.marvinnc.org  To: From: Subject: Date:  Village of Marvin Council Jamie Privuznak, Tax Refund for Thursday, March: 25, 2021    Attached is ai tax refund of $362.001 for the month of March: 2021. All tax refunds must be approved by  the Village of Marvin Council per GS105-368.    Ttem D 13.  Property tax refunds 2020 Tax' Year- - March 2021  Type Real Real  date  Parcel #  Name  Address 2318 Beechwood 28173 Drive P.O. Box Waxhaw, $9.38 1050 9701 Saddle Avenue  Address Amount to Original Marvin, NC $239.64  ber refunded Payment/  Refund type check check  3/5/2021 06-210-041 Christopher or 3/19/2021 06-213-010 Mitchell Sales  Danielle Paul  NC 28173  Real  3/11/2021 '06-222-016 Ben Buchanan  Marvin, NC 112.98 28173  Credit card  OD  To62 =$362. JRS  SA3  UP P    Ttem D18.  GENERALASSEMELY OFI NORTHCAROLINA  SESSION2021  HOUSE, BILL.  Short Title: DEFENSE OF PERSONS SEEKING ELECTED OFFICE  Sponsors: Referred to:  A BILLTO: BE ENTITLED  AN ACTTOI EXTEND N.C.G.S.A. $ 160A-167- - DEFENSE OF EMPLOYEES AND OFFICERS; PAYMENT OF. JUDGMENTS TO PERSONS SEEKING ELECTED OFFICE.  The General Assembly ofNorth Carolina enacts: SECTION1 1. (a) G.S. 160A-167(a): reads as rewritten:  Upon request made by or in behalf of any member or former member or any person seeking elected office of the governing body of any authority, or any city, county, or authority employee or officer, or former employee or officer, any soil and water conservation supervisor or any local soil and water conservation employee, whether the employee is a district or county employee, or any member ofa volunteer fire department or rescue squad which receives public funds, any city, authority, county, soil and water conservation district, or county alcoholic beverage control board may provide for the defense of any civil or criminal action or proceeding brought against him either in his official or in his individual capacity, or both, on account of any act done or omission made, or any act allegedly done or omission allegedly made, in the scope and course of his employment or duty as an employee or officer or within the scope of such campaign of the city, authority, county or county alcoholic beverage control board. The defense may be provided by the city, authority, county or county alcoholic beverage control board by its own counsel, or by employing other counsel, or by purchasing insurance which requires that the insurer provide the defense. Providing for a defense pursuant to this section is hereby declared to be for aj public purpose, and the expenditure of funds therefor is hereby declared to be a necessary expense. Nothing in this section shall be deemed to require any city, authority, county or county alcoholic beverage control board to provide for the defense of any action  orp proceeding ofa any nature.  SECTION 1. (b) G.S. 160A-167(b) reads as rewritten:  Any city council or board of county commissioners may appropriate funds for the purpose of paying all or part of a claim made or any civil judgment entered against any of its members or former members or any persons seeking elected office of the governing body of any authority, or any city, county, or authority employees or officers, or former employees or officers, or any soil and water conservation supervisor or any local soil and water conservation employee, whether the employee isa district or county employee, when such claim is made or such judgment is rendered as damages on account of any act done or omission made, or any act allegedly done or omission allegedly made, in the scope and course of his employment or duty as a member or former member or persons seeking elected office of the governing body of any. authority, or any city, county, district, or authority employee or officer of the city, authority, district, or county; provided, however, that nothing in this section shall authorize any city, authority, district, or county to appropriate funds for the purpose of paying any claim made or civil judgment entered against any of its members or former members or  00142068.1    persons seeking elected office oft the governing body of any authority, or any city, county, district, or authority employees or officers or former employees or officers ift the city council or board of county commissioners finds that such members or former members or persons seeking elected office oft the governing body of any authority, or any city, county, or authority employee or officer acted or failed to act because of actual fraud, corruption or actual malice on his part. Any city, authority, or county may purchase insurance coverage for payment of claims or judgments pursuant to this section. Nothing in this section shall be deemed to require any city, authority, or county toj pay any claim or judgment referred to herein, and the purchase ofi insurance coverage for payment of any such claim or judgment shall not be deemed an assumption of any liability not covered by such insurance contract, and shall not be deemed an assumption ofl liability forj payment ofa any claim or judgment in excess of  the limits of coverage in such insurance contract. SECTION1. (c) G.S. 160A-167(C) reads as rewritten:  Subsection (b) shall not authorize any city, authority, or county to pay all or part ofa claim made or civil judgment entered unless (1) notice oft the claim or litigation is given to the city council, authority governing board, or board of county commissioners as the case may bej prior to the time that the claim iss settled or civil judgment is entered, and (2) the city council, authority governing board, or board of county commissioners as the case may be shall have adopted, and made available for public inspection, uniform standards under which claims made or civil judgments entered against members or former members or persons seeking elected officeoft the governing body of any authority, or any city, county, or authority employees or officers, or former employees or officers, shall be paid. For the purposes of this section, "persons seeking elected office" means a person actively campaigning for elective office of the governing body of any authority, city, county or district that  SECTION1. (d) G.S. 160A-167(e) is added as follows:  was properly registered with the governing board ofe elections. SECTION 1. (e) G.S. 160A-167(f) is added as follows:  For the purposes of this section, persons seeking elected office may seek reimbursement for costs and expenses paid prior to the effective date of the amendment allowing payment for such defense costs allowed under subsection (a) and any claim made or civil judgment entered allowed under subsection  (b): for aj period up to four (4): years priort tot the effective date oft the amendment.  SECTION1.( G.S. 160A-209()C10a) reads as rewritten:  Defense of Employees and Officers.--To provide for the defense of, and payment of civil judgments against, employees and officers or former employees and officers, or any person SECTION 2. The remaining provisions ofN.C.G.S.A. $ 160A-167 are reenacted and shall remain ini full  seeking elected office, as authorized by this Chapter. force and effect and are incorporated in this act by reference. SECTION 3. This act is effective when it becomes law.  00142068.1