City Council

SHOWN LIVE ON NEWPORT NEWS TELEVISION COX CHANNEL 48 VERIZON CHANNEL 19 www.nnva.gov AGENDA NEWPORT NEWS CITY COUNCIL REGULAR CITY COUNCIL MEETING JANUARY 8, 2019 City Council Chambers 7:00 p.m. A. Call to Order B. Invocation • Rev. Peggy Langille, Warwick Memorial United Methodist Church C. Pledge of Allegiance to the Flag of the United States of America D. Presentations - None E. Public Hearings 1. None Advertised F. Consent Agenda 1. Minutes of the Special Meeting of December 11, 2018 2. Minutes of the Work Session of December 11, 2018 3. Minutes of the Regular Meeting of December 11, 2018 4. Resolution of Recognition: The Apprentice School of Newport News Shipbuilding (A Division of Huntington Ingalls Industries) - 100th Anniversary 5. Ordinance Amending and Reordaining, City Code, Chapter 26., Motor Vehicles and Traffic; by Repealing Article II., Transportation Safety Commission G. Other City Council Actions 1. Resolution Authorizing Jurisdictional Approval for the Newport News Redevelopment and Housing Authority (NNRHA) Issuance of Multi-  Family Housing Revenue Bonds, in an Amount Not to Exceed $18 Million, for the Benefit of Harbour-Newport News Limited Partnership and the Newport Harbour Apartments Project 2. Resolution Authorizing the Formation of the Choice Neighborhood I LLC and the Choice Neighborhood I Development Corporation by Newport News Redevelopment and Housing Authority (NNRHA) 3. Ordinance to Allow a Fence Encroachment into the Public Right-of-Way at 5905 Madison Avenue 4. Resolution Authorizing and Directing the City Manager to Execute an Agreement for Cost Sharing of the Hampton Roads Sanitation Department (HRSD) Huxley Place to Middle Ground Boulevard Interceptor Force Main Extension (JR012100) and City of Newport News Huxley Place Sanitary Sewer Rehabilitation and Replacement ("Agreement") H. Appropriations 1. None Submitted I. Citizen Comments on Matters Germane to the Business of City Council J. *Old Business, New Business and Councilmember Comments 1. Motion to Reconsider Resolution in Support of General Assembly Ratification of the Equal Rights Amendment (ERA) 2. City Manager 3. City Clerk 4. City Attorney 5. Jenkins 6. Price 7. Scott 8. Vick 9. Woodbury 10. Cherry 11. Harris K. Adjourn *THE BUSINESS PORTION OF THE MEETING WILL BE CONCLUDED NO LATER THAN 10:00 P.M. TO ALLOW PERSONS TO ADDRESS CITY COUNCIL UNDER "CITIZEN COMMENTS ON MATTERS GERMANE TO THE BUSINESS OF CITY COUNCIL." A. Call to Order B. Invocation – Rev. Peggy Langille, Warwick Memorial United Methodist Church C. Pledge of Allegiance to the Flag of the United States of America D. Presentations E. Public Hearings 1. None Advertised F. Consent Agenda 1. Minutes of the Special Meeting of December 11, 2018 ACTION: N/A BACKGROUND: N/A FISCAL IMPACT: N/A ATTACHMENTS: Description Minutes of Special Meeting for December 11, 2018 F. Consent Agenda 2. Minutes of the Work Session of December 11, 2018 ACTION: N/A BACKGROUND: N/A FISCAL IMPACT: N/A ATTACHMENTS: Description Minutes of Work Session for December 11, 2018 F. Consent Agenda 3. Minutes of the Regular Meeting of December 11, 2018 ACTION: N/A BACKGROUND: N/A FISCAL IMPACT: N/A ATTACHMENTS: Description Minutes of Regular Meeting for December 11, 2018 F. Consent Agenda 4. Resolution of Recognition: The Apprentice School of Newport News Shipbuilding (A Division of Huntington Ingalls Industries) - 100th Anniversary ACTION: A REQUEST TO APPROVE A RESOLUTION OF RECOGNITION FOR THE APPRENTICE SCHOOL OF NEWPORT NEWS SHIPBUILDING (A DIVISION OF HUNTINGTON INGALLS INDUSTRIES) ON ITS 100TH ANNIVERSARY. BACKGROUND: The Apprentice School at Newport News Shipbuilding celebrates its 100th anniversary on July 1, 2019. The Apprentice School graduated its first apprentice on April 4, 1894 and was formalized in 1919. The apprenticeship has developed from an informal method of learning to a highly effective, structured, instructional system for apprentices, combining essential academic education and skills training, while earning compensation for on-the-job training experience. Approximately 800 young men and women are currently enrolled in 28 different, four-, five-, and eight-year apprenticeships provided by The Apprentice School. The Apprentice School has contributed significantly to Newport News Shipbuilding's reputation, tradition, and success, graduating more than 10,800 apprentices in its history. In 2013, a new facility for The Apprentice School was opened, with a mission focused on craftsmanship, scholarship, and leadership. The Apprentice School will celebrate throughout 2019 with various announcements, events, and activities. This Resolution of Recognition recognizes and celebrates the Apprentice School at Newport News Shipbuilding on its 100th anniversary in the City of Newport News.  The City Manager recommends approval. FISCAL IMPACT: N/A ATTACHMENTS: Description sdm16665 Recognition re The Apprentice School (100th Anniversary) sdm16665 RESOLUTION NO. _______________ RESOLUTION OF RECOGNITION WHEREAS, The Apprentice School at Newport News Shipbuilding celebrates its 100th anniversary on July 1, 2019; and WHEREAS, the first Newport News Shipbuilding apprentice-Norwood Jones- graduated on April 4, 1894 and The Apprentice School was formalized in 1919; and WHEREAS, the apprenticeship has developed from an informal method of learning to a highly effective, structured, instructional system for apprentices, combining essential academic education and skills training to succeed in demanding careers, while earning compensation for on- the-job training experience; and WHEREAS, The Apprentice School’s academic curriculum includes studies in Mathematics, Physics, Strength of Materials, Drafting, Marine Engineering, Shipbuilding Operations, and Technical Communications, among other disciplines, leading to a strong technical education foundation; and WHEREAS, approximately 800 young men and women are currently enrolled in 28 different, four-, five-, and eight-year apprenticeships provided by The Apprentice School; and WHEREAS, The Apprentice School has contributed significantly to Newport News Shipbuilding’s reputation, tradition, and success, producing complex sea-faring vessels and passenger ships to nuclear submarines and aircraft carriers with the craftsmanship of highly skilled graduates; and WHEREAS, The Apprentice School at Newport News Shipbuilding has graduated more than 10,800 apprentices in its history; and WHEREAS, in 2013, a new facility for The Apprentice School was opened. The 90,000 square foot building includes eight computer labs, two video conferencing classrooms, a physics lab and a 600-seat gymnasium; and WHEREAS, The Apprentice School has an athletic program consisting of six teams known as The Apprentice Builders; and WHEREAS, with a mission focused on craftsmanship, scholarship, and leadership, The Apprentice School is helping to shape future leaders of Newport News Shipbuilding and the shipbuilding industry; and WHEREAS, the 100th anniversary of The Apprentice School at Newport News Shipbuilding will be celebrated throughout calendar year 2019 with various announcements, events, and activities.  NOW THEREFORE, BE IT RESOLVED by the Council of the City of Newport News, Virginia: 1. That is hereby recognizes and celebrates The Apprentice School at Newport News Shipbuilding for its 100th anniversary in the City of Newport News, Virginia. 2. That is congratulates the faculty, staff, and graduates of The Apprentice School at Newport News Shipbuilding for their dedicated service to the City of Newport News and its citizens, and extends its best wishes for continued success and development. 3. That a copy of this resolution be spread upon the records of this body and that a copy be presented to The Apprentice School at Newport News Shipbuilding. 4. That this resolution shall be in effect on and after the date of its adoption, Jaanuary 8, 2019. F. Consent Agenda 5. Ordinance Amending and Reordaining, City Code, Chapter 26., Motor Vehicles and Traffic; by Repealing Article II., Transportation Safety Commission ACTION: A REQUEST TO ADOPT AN ORDINANCE AMENDING AND REORDAINING CITY CODE, CHAPTER 26., MOTOR VEHICLES AND TRAFFIC; BY REPEALING ARTICLE II., TRANSPORTATION SAFETY COMMISSION. BACKGROUND: The State Code that required a local Transportation Safety Commission was rescinded approximately 10 years ago, and its funding and safety responsibilities were reassigned to Planning, Engineering, and Public Works. Newport News is the only Hampton Roads City still maintaining such a Commission. City management, along with the Engineering Department will consider an advisory group on transportation issues that would be part of the Engineering Department. The City Manager recommends approval. FISCAL IMPACT: N/A ATTACHMENTS: Description Repealing Transportation Safety Commission Memo Attachment Transportation Safety Commission sdm16690 Repealing Article II, Transportation Safety Commission, of Chapter 26  CITY OF NEWPORT NEWS OFFICE OF THE CITY MANAGER January 2, 2019 TO: The Honorable City Council FROM: City Manager SUBJECT: Repeal of the Ordinance Establishing the Transportation Safety Commission The State Code provision that required a local Transportation Safety Commission was rescinded at least 10 years ago. The action was taken because grant funds are no longer passed through the local Commissions, and responsibility for transportation safety planning was reassigned to VDOT, the Planning District Commissions and the localities. In Newport News, Engineering, Planning and Public Works employees are charged with and perform the transportation safety roles formerly performed by the Commission. Due to the number of vacancies on the Commission and the lack of a clear mission, function and duties, it is recommended that Council dissolve the Commission and rescind the Code Sections that establish and guide the Commission as its current Charter is obsolete. Over the course of the next several months, staff will work with the citizens that have expressed an interest in continuing to be involved to establish and implement a Citizen’s Advisory Group that would work directly with the Engineering Department on transportation issues. The focus would be to review and provide citizen input and expertise on specific issues and special projects as necessary. Establishment of such a group to work directly with Engineering would be a good opportunity to be able to engage and take advantage of citizens’ knowledge and expertise. I recommend approval of the ordinance. _________________________________ Cynthia D. Rohlf CDR:EPS:plw Attachment cc: Everett Skipper, Director, Department of Engineering G:\Cindy Rohlf\1 CM CORRESPONDENCE\Correspondence\2019\1January\Memo to HCC re Repeal Transporatation Safety Commission 1 2 19.docx sdm16690 ORDINANCE NO. ____________ AN ORDINANCE TO AMEND AND REORDAIN CHAPTER 26, MOTOR VEHICLES AND TRAFFIC, OF THE CODE OF THE CITY OF NEWPORT NEWS, VIRGINIA, BY REPEALING ARTICLE II, TRANSPORTATION SAFETY COMMISSION. WHEREAS, the Transportation Safety Commission has served the City for over forty years; and WHEREAS, changes in state law and the administration of transportation grant funds have rendered the stated function of the Transportation Safety Commission obsolete; and WHEREAS, the City Manager has recommended that the Transportation Safety Commission be eliminated and the City Council concurs with that recommendation. NOW, THEREFORE, BE IT ORDAINED by the Council of the City of Newport News: 1. That Chapter 26, Motor Vehicles and Traffic, of the Code of the City of Newport News, Virginia, is hereby amended and reordained by repealing Article II, Transportation Safety Commission. 2. That this Council thanks all present and past members of the Transportation Safety Commission for their service to the City. 3. That this ordinance shall be in effect on and after the date of its adoption, January 8, 2019. G. Other City Council Actions 1. Resolution Authorizing Jurisdictional Approval for the Newport News Redevelopment and Housing Authority (NNRHA) Issuance of Multi-Family Housing Revenue Bonds, in an Amount Not to Exceed $18 Million, for the Benefit of Harbour-Newport News Limited Partnership and the Newport Harbour Apartments Project ACTION: A REQUEST TO APPROVE A RESOLUTION AUTHORIZING JURISDICTIONAL APPROVAL FOR THE ISSUANCE OF MULTI-FAMILY HOUSING REVENUE BONDS BY THE NEWPORT NEWS REDEVELOPMENT AND HOUSING AUTHORITY (NNRHA), IN AN AMOUNT NOT TO EXCEED $18 MILLION, FOR THE BENEFIT OF HARBOUR-NEWPORT NEWS LIMITED PARTNERSHIP AND THE NEWPORT HARBOUR APARTMENTS PROJECT. BACKGROUND: Harbour-Newport News Limited Partnership desires to finance or refinance the acquisition, renovation and equipping of an existing apartment complex consisting of 200 units known as Newport Harbour Apartments located at 2301 Madison Avenue. In order to assist with the financing of the project, Harbour- Newport News Limited Partnership sought NNRHA's issuance of Multi-Family Housing Revenue Bonds in an amount not to exceed $18 million. NNRHA approved a Resolution at its December 18, 2018 Board meeting for issuance of the bonds and held the required public hearing. NNRHA recommends that City Council approve the issuance of the bonds as required by the statute and the Internal Revenue Code. The City Manager recommends approval. FISCAL IMPACT: N/A ATTACHMENTS: Description NNRHA Issuance of Rev Bonds Memo Attachment 1 Attachment 2 Attachment 3 Attachment 4 Attachment 5 Attachment 6 sdm16700 Approving NNRHA Issuance of Revenue Bonds Newport Harbour Apartments Project 2301 Madison Avenue sdm16700 RESOLUTION NO. _____________ A RESOLUTION OF THE COUNCIL OF THE CITY OF NEWPORT NEWS, VIRGINIA, APPROVING THE ISSUANCE BY THE NEWPORT NEWS REDEVELOPMENT AND HOUSING AUTHORITY OF ITS MULTIFAMILY HOUSING REVENUE BONDS FOR THE ACQUISITION, CONSTRUCTION, RENOVATION, REHABILITATION AND EQUIPPING OF THE NEWPORT HARBOUR APARTMENTS MULTIFAMILY HOUSING FACILITY LOCATED IN THE CITY OF NEWPORT NEWS, VIRGINIA. WHEREAS, the Newport News Redevelopment and Housing Authority (the “Authority”) is authorized to advertise and hold public hearings relative to the issuance of private activity bonds; and WHEREAS, the Authority has considered the application of Harbour-Newport News Limited Partnership, a Virginia limited partnership (the “Borrower”), requesting that the Authority issue up to $18,000,000 of its revenue bonds (the “Bonds”) to assist the Borrower in financing or refinancing (1) a portion of the cost of acquiring, constructing, renovating, rehabilitating and equipping a multifamily residential rental housing project consisting of 31 two-story buildings containing approximately 200 units, a one-story common laundry building and a one-story community and leasing office building, to be known as Newport Harbour Apartments, located at 2300-2382 Madison Avenue in the City of Newport News, Virginia (the “Project”) and (2) the costs of issuance incurred in connection with the issuance of the Bonds (collectively (1) and (2), the “Plan of Finance”) and has held a public hearing in connection therewith on December 18, 2018 (the “Public Hearing”); and WHEREAS, Section 147(f) of the Internal Revenue Code of 1986, as amended (the “Code”), provides that (1) the applicable elected representatives of the governmental unit having jurisdiction over the issuer of private activity bonds and over the area in which any facility financed with the proceeds of private activity bonds is located must approve the issuance of such bonds, and (2) if a governmental unit has no applicable elected representatives, the bond issuance must be approved by the next higher governmental unit with such a representative and from which the authority of the governmental unit without such a representative is derived; and WHEREAS, the Authority was activated by and derives its authority from the City of Newport News, Virginia (the “City”) and the Project is located in the City; and WHEREAS, the Authority, as the issuing governmental unit with respect to the Bonds, has no applicable elected representative, the City constitutes the next highest governmental unit with such a representative, and the members of the City Council of the City (the “Council”) constitute the applicable elected representatives of the City; and WHEREAS, the Authority has recommended that the Council approve the issuance of the Bonds; and WHEREAS, a copy of the Authority’s resolution authorizing the issuance of the Bonds, a certificate of the Public Hearing, a summary of the statements expressed at the Public Hearing and the fiscal impact statement concerning the Plan of Finance have been filed with the Council.  NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF NEWPORT NEWS, VIRGINIA: 1. The Council approves the issuance of the Bonds by the Authority for the benefit of the Borrower, as required by Section 147(f) of the Code, Section l5.2-4906, as applicable to housing authorities, of the Code of Virginia of 1950, as amended (the “Virginia Code”) and Section 36-19(9) of the Virginia Code to permit the Authority to assist in the financing or refinancing of the Plan of Finance. 2. The approval of the issuance of the Bonds does not constitute an endorsement to a prospective purchaser of the Bonds of the creditworthiness of the Project, the Plan of Finance, or the Borrower. 3. The Bonds shall provide that neither the City nor the Authority shall be obligated to pay the Bonds or the interest thereon or other costs incident thereto except from the revenues and monies pledged thereto and that neither the faith and credit nor the taxing power of the City or the Authority is pledged to the payment of the principal of the Bonds or the interest thereon or other costs incident thereto. 4. In adopting this resolution, the City, including its elected representatives, officers, employees and agents, shall not be liable for, and hereby disclaim all liability for, any damages to any person, direct or consequential, resulting from the Authority’s failure to issue the Bonds for any reason. 5. This resolution shall be in effect on and after the date of its adoption, January 8, 2019. 2  CERTIFICATE Record of the roll-call vote by the City Council of the City of Newport News, Virginia, upon reading on a resolution titled “A RESOLUTION OF THE COUNCIL OF THE CITY OF NEWPORT NEWS, VIRGINIA, APPROVING THE ISSUANCE BY THE NEWPORT NEWS REDEVELOPMENT AND HOUSING AUTHORITY OF ITS MULTIFAMILY HOUSING REVENUE BONDS FOR THE ACQUISITION, CONSTRUCTION, RENOVATION, REHABILITATION AND EQUIPPING OF THE NEWPORT HARBOUR APARTMENTS MULTIFAMILY HOUSING FACILITY LOCATED IN THE CITY OF NEWPORT NEWS, VIRGINIA,” taken at a meeting of the City Council held on January 8, 2019: AYE NAY ABSTAIN ABSENT McKinley L. Price, DDS, Mayor Tina L. Vick Vice Mayor Marcellus L. Harris, III Sharon P. Scott David H. Jenkins Saundra Nelson Cherry, D. Min. Dr. Patricia P. Woodbury Dated: January 8, 2019 [SEAL] City Council of the City of Newport News, Virginia ATTEST: Clerk, City Council of the City of Newport News, Virginia The undersigned Clerk of the City Council of the City of Newport News, Virginia, hereby certifies that the foregoing is a true, correct, and complete copy of a resolution adopted by the City Council at its meeting duly called and held on January 8, 2019, in accordance with law, and that such resolution has not been repealed, revoked, rescinded, or amended, but is in full force and effect as of the date hereof. WITNESS my hand and the seal of the City of Newport News, Virginia this 8th day of January, 2019. [SEAL] Clerk, City Council of the City of Newport News, Virginia 3 G. Other City Council Actions 2. Resolution Authorizing the Formation of the Choice Neighborhood I LLC and the Choice Neighborhood I Development Corporation by Newport News Redevelopment and Housing Authority (NNRHA) ACTION: A REQUEST TO APPROVE A RESOLUTION AUTHORIZING THE FORMATION OF THE CHOICE NEIGHBORHOOD I LLC AND THE CHOICE NEIGHBORHOOD I DEVELOPMENT CORPORATION BY THE NEWPORT NEWS REDEVELOPMENT AND HOUSING AUTHORITY (NNRHA). BACKGROUND: The City and NNRHA submitted and had accepted by HUD, a Choice Neighborhoods Initiative (CNI) Transformation Plan which outlines steps to the redevelopment of the Ridley Circle public housing complex. In order to initiate the first phase of residential development for CNI, which will be in the 2800 block of Jefferson Avenue, NNRHA has partnered with Pennrose LLC, a private developer. In order to help finance the first phase of residential development of the CNI Transformation Plan, NNRHA plans to utilize federal low income housing tax credits (LIHTC). To take advantage of and accept the LIHTCs, a separate development corporation and a limited liability company must be established, which serves to limit any liability specific to the project and protect other NNRHA assets, and for tax purposes. To comply with Title 36 of the Code of Virginia, which enumerates the activities of redevelopment and housing authorities, it is necessary that City Council approve the formation of the proposed development entities. The City Manager recommends approval. FISCAL IMPACT: N/A ATTACHMENTS: Description Formation of CNI Memo Attachment 1 - NNRHA Resolution Attachment 2 - Extract of NNRHA Board minutes sdm16699 Formation of CNI I LLC & CNI I Development Corp by NNRHA sdm16699 RESOLUTION NO. ____________________ A RESOLUTION OF THE COUNCIL OF THE CITY OF NEWPORT NEWS, VIRGINIA, AUTHORIZING THE FORMATION OF THE CHOICE NEIGHBORHOOD I LLC AND THE CHOICE NEIGHBORHOOD I DEVELOPMENT CORPORATION BY THE NEWPORT NEWS REDEVELOPMENT AND HOUSING AUTHORITY. WHEREAS, the Choice Neighborhood Initiative (“CNI”) Transformation Plan jointly prepared by the City of Newport News, Virginia (“City”) and the Newport News Redevelopment and Housing Authority (“NNRHA”) was accepted by the U.S. Department of Housing and Urban Development in June 2018; and WHEREAS, the CNI Transformation Plan for Ridley Circle involves the development of new housing along lower Jefferson Avenue; and WHEREAS, redevelopment of NNRHA owned properties is part of the essential mission of NNRHA of providing decent and affordable housing; and WHEREAS, the Federal Low Income Housing Tax Credit (“LIHTC”) Program and proceeds from the sale of these LIHTCs can be used to support this project; and WHEREAS, participation in the LIHTC Program requires the formation of legal entities to enable NNRHA to accept and utilize LIHTCs to undertake this redevelopment; and WHEREAS, NNRHA has successfully utilized LIHTCs in combination with other funds to accomplish the goal of affordable housing; and WHEREAS, NNRHA has selected Pennrose, LLC as its development partner for the CNI Transformation Plan and they are to assist in the development of a LIHTC application to be submitted to the Virginia Housing Development Authority in March 2019 for NNRHA owned property; and WHEREAS, on October 16, 2018, the NNRHA Board of Commissioners approved a resolution authorizing the formation of the Choice Neighborhood I LLC and the Choice Neighborhood I Development Corporation and has requested that the Newport News City Council approve such action in accordance with Section 36-19 (12) of the Code of Virginia; and WHEREAS, the Council finds that it is in the best interest of the City to approve the formation of the aforementioned entities. NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Newport News, Virginia: 1. That it hereby approves the formation by NNRHA of the Choice Neighborhood I LLC and the Choice Neighborhood I Development Corporation.  2. That this resolution shall be in effect on and after the date of its adoption, January 8, 2019. 2 G. Other City Council Actions 3. Ordinance to Allow a Fence Encroachment into the Public Right-of-Way at 5905 Madison Avenue ACTION: A REQUEST TO ADOPT AN ORDINANCE TO ALLOW A FENCE ENCROACHMENT INTO THE SEVENTY-SIX FOOT RIGHT-OF-WAY AT 5905 MADISON AVENUE. BACKGROUND: An existing wooden fence currently encroaches into the seventy-six foot right-of-way. The existing fence is in disrepair and the owner would like to repair or replace the fence. The City Manager recommends approval. FISCAL IMPACT: N/A ATTACHMENTS: Description Ord Fence Encroachment Memo sdm16674 Authorizing Encroachment Agmt between City and Quinton and Daffie Branch Attachment Location Map 5905 Madison Avenue  CITY OF NEWPORT NEWS OFFICE OF THE CITY MANAGER January 2, 2019 TO: The Honorable City Council FROM: City Manager SUBJECT: Ordinance to Allow a Fence Encroachment into the 76ft Right-of-Way City Council is requested to adopt an Ordinance to allow a fence encroachment into the 76-foot right-of-way located at 5905 Madison Avenue. An existing wooden fence currently encroaches into the right-of-way. The existing fence is in disrepair and the owner would like to repair or replace portions of the fence. I recommend approval. _________________________________ Cynthia D. Rohlf CDR:MLS:plw Attachment cc: Everett Skipper, Director, Department of Engineering G:\Cindy Rohlf\1 CM CORRESPONDENCE\Correspondence\2019\1January\Memo to HCC re Encroachment on Property Located at 5905 Madison Ave 1 2 19.docx  Hi g h la nd Ct Project Site Ma e Av on dis d Rd r fi el i a Br CITY OF NEWPORT NEWS, VIRGINIA µ 59 0 5 Ma d iso n Ave n u e G. Other City Council Actions 4. Resolution Authorizing and Directing the City Manager to Execute an Agreement for Cost Sharing of the Hampton Roads Sanitation District (HRSD) Huxley Place to Middle Ground Boulevard Interceptor Force Main Extension (JR012100) and City of Newport News Huxley Place Sanitary Sewer Rehabilitation and Replacement ("Agreement") ACTION: A REQUEST TO APPROVE A RESOLUTION AUTHORIZING AND DIRECTING THE CITY MANAGER TO EXECUTE AN AGREEMENT FOR COST SHARING OF THE HAMPTON ROADS SANITATION DISTRICT (HRSD) HUXLEY PLACE TO MIDDLE GROUND BOULEVARD INTERCEPTOR FORCE MAIN EXTENSION (JR012100) AND CITY OF NEWPORT NEWS HUXLEY PLACE SANITARY SEWER REHABILITATION AND REPLACMENT ("AGREEMENT"). BACKGROUND: The HRSD Huxley to Middle Ground Boulevard Interceptor Force Main Extension project includes the installation of 2,250 linear feet of 36-inch force main from the intersection of Maxwell Lane and Warwick Boulevard, to the intersection of Huxley Place and Carnegie Drive. The existing City owned 8-inch sanitary sewer mains within HRSD’s projects limits have reached the end of their service life and will be replaced as part of the HRSD project. FISCAL IMPACT: The total project cost is $3,286,000 of which the City's portion is $605,000. Funding is available from the FY 2018 Bond Authorization, Sanitary Sewer Rehabilitation Category. The City Manager recommends approval. ATTACHMENTS: Description HRSD Cost Sharing - Huxley Pl Memo Attch 1 of 2-Agmt-HRSD Cost Sharing Agmt for Huxley Place Attch 2 of 2-Location Map-HRSD Cost Sharing Agmt for Huxley Place sdm16700 Authorizing Agreement for Cost Sharing-HRSD (Huxley Place  CITY OF NEWPORT NEWS OFFICE OF THE CITY MANAGER January 2, 2019 TO: The Honorable City Council FROM: City Manager SUBJECT: Hampton Roads Sanitation District (HRSD) Cost Sharing Agreement – Huxley Place City Council is requested to approve a resolution authorizing the City Manager to execute a Cost Sharing Agreement with Hampton Roads Sanitation District (HRSD) for the construction of Huxley Place to Middle Ground Boulevard Interceptor Force Main Extension Project (JR012100). The project includes installation of approximately 2,250 feet of 36-inch HRSD gravity sanitary sewer main. Also included is the replacement and rehabilitation of approximately 2,000 feet of City owned 8-inch gravity sanitary main and sewer laterals along Huxley Place, between Maxwell Lane and Carnegie Drive. The improvements to the City sewer will reduce infiltration into the sanitary system, reduce preventative maintenance, and improve sewage flows. The City will also realize a cost savings by incorporating the City’s sanitary improvements with the HRSD project. The total project cost is $3,286,000 of which the City’s portion is $605,000. These funds are available from previously appropriated FY2018 Sewer Rehabilitation funds. I recommend approval. ________________________________ Cynthia D. Rohlf CDR:KBS:wjr Attachments (2) cc: Everett Skipper, Director, Department of Engineering G:\Cindy Rohlf\1 CM CORRESPONDENCE\Correspondence\2019\1January\Memo to HCC re HRSD Cost Sharing Agreement - Huxley Place 1 2 19.docx  AGREEMENT FOR COST SHARING OF THE HAMPTON ROADS SANITATION DISTRICT HUXLEY PLACE TO MIDDLE GROUND BOULEVARD INTERCEPTOR FORCE MAIN EXTENSION (JR012100) AND CITY OF NEWPORT NEWS HUXLEY PLACE SANITARY REHABILITATION AND REPLACEMENT THIS AGREEMENT FOR COST SHARING (the “Agreement”), between the CITY OF NEWPORT NEWS (“CITY”) and the HAMPTON ROADS SANITATION DISTRICT (“HRSD”), is entered into this day of _________, 2018 (the “Effective Date”). RECITALS R:1. HRSD is constructing its Huxley Place to Middle Ground Boulevard Interceptor Force Main Project as shown on Exhibit 1 (the “HRSD Facilities”); and R:2. The CITY is constructing its Huxley Place Sanitary Rehabilitation and Replacement Project as shown on Exhibit 2 (the “CITY Facilities”) as part of the City of Newport News Capital Improvement Program; and R:3. The construction of the HRSD Facilities and the CITY Facilities (collectively referred to as the “Improvements”) will necessitate the construction, installation of force main, realignment, rehabilitation, bypassing, replacement of existing gravity sewers and laterals, and abandonment of existing force main; and R:4. HRSD and the CITY agree that it is in the best interest of the parties to have the Improvements constructed together; and R:5. HRSD agrees to include the construction of the CITY Facilities as part of the construction of the HRSD Facilities, in accordance with the approved plans and specifications; and R:6. The CITY agrees to reimburse HRSD for that portion of the costs of the construction of the Improvements attributable to the CITY Facilities under the terms and conditions set forth herein. TERMS NOW THEREFORE, in consideration of the above provisions and agreements  Agreement for Cost Sharing of the HRSD Huxley Place to Middle Ground Boulevard Interceptor Force Main Extension (JR012100) and City of Newport News Huxley Place Sanitary Rehabilitation & Replacement set forth herein, and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the parties agree as follows: I. DESIGN OF IMPROVEMENTS A. Plans and Specifications 1. HRSD will employ Rummel, Klepper, and Kahl, LLP (“ENGINEER”), to prepare plans and specifications for the HRSD Facilities. A location map of the HRSD Facilities is included as Exhibit 1. 2. CITY will employ Rummel, Klepper, and Kahl, LLP (“ENGINEER”), to prepare plans and specifications for the CITY Facilities. A location map of the CITY Facilities is included as Exhibit 2. 3. ENGINEER, along with HRSD and the CITY, will meet to coordinate, review, and approve a set of construction documents (the “Final Plans and Specifications”) for the Improvements. B. Payment of the Design Costs 1. HRSD will compensate the ENGINEER for all engineering design costs and any amendments related to the HRSD Facilities. 2. CITY will compensate the ENGINEER for all engineering design costs and any amendments related to the CITY Facilities. C. Compliance All design work shall comply with HRSD Standards for use in Engineered Construction Projects, latest edition, and the Hampton Roads Planning District Commission Regional Construction Standards, latest edition and the City of Newport News Construction Standards and Special Provisions, latest edition. Any changes to the Final Plans and Specifications shall be approved by HRSD and the CITY. II. CONSTRUCTION OF IMPROVEMENTS A. Cost of Construction: 1. The total cost of the Improvements, as more particularly defined by Page 2 of 14 Agreement for Cost Sharing of the HRSD Huxley Place to Middle Ground Boulevard Interceptor Force Main Extension (JR012100) and City of Newport News Huxley Place Sanitary Rehabilitation & Replacement the Final Plans and Specifications, prepared by the ENGINEER for HRSD and the CITY (the “Improvements Costs”) shall include: a. Cost of construction of the Improvements; b. Cost of advertising for bids; c. Cost of permits required for the construction of the Improvements; d. Costs for construction contract administration (CA) and construction inspection (CI); e. Any related miscellaneous essential expenses. 2. The current estimated cost of the construction of the HRSD Facilities is $2,681,000 and the estimated cost of the construction of the CITY Facilities is $605,000. B. Approval of Final Plans and Specifications; Contractors; Change Orders 1. HRSD and the CITY agree that before any construction work is to begin under this Agreement, HRSD and the CITY will jointly review and approve the Final Plans and Specifications. This approval shall be in writing, and once approved, the approval as well as the Final Plans and Specifications shall be appended as an addendum to this Agreement.. 2. HRSD and the CITY shall review and agree upon the qualifications of the contractor’s and subcontractors employed for the Improvements (the “Contractor(s)”) prior to award of the construction contract. 3. Contractors shall be responsible for all necessary permits and approvals necessary for the Improvements. 4. HRSD will review and approve change orders related to the HRSD Facilities. 5. CITY will review and approve change orders related to the CITY Facilities. Page 3 of 14 Agreement for Cost Sharing of the HRSD Huxley Place to Middle Ground Boulevard Interceptor Force Main Extension (JR012100) and City of Newport News Huxley Place Sanitary Rehabilitation & Replacement 6. CITY will review and approve scope of work and fee for the construction contract administration and inspections related to the CITY Facilities. C. Payment of Improvement Costs 1. The Improvements Costs shall be apportioned among the parties as follows: a. HRSD will administer and be responsible for bearing one hundred percent (100%) of the cost of the HRSD Facilities. b. The CITY will administer and be responsible for bearing one hundred percent (100%) of the cost of the CITY Facilities. c. Costs associated with any change to the initial construction cost (“Change Order”) shall be as follows: i. HRSD shall be solely responsible for costs due to a Change Order requested by HRSD; and ii. The CITY shall be responsible for costs due to a Change Order requested by the CITY. 2. During the course of construction, HRSD shall compensate the Contractors and other individuals and entities providing materials and/or services related to the Improvements for all Improvement Costs, including those for which the CITY is responsible. The CITY shall reimburse HRSD for all such payments made on its behalf. The CITY shall pay its share of the Improvements Costs to HRSD in one lump sum payment upon completion of construction (as determined by HRSD). HRSD shall provide the CITY with an invoice detailing the CITY’s share of the Improvement Costs. Within thirty (30) days of its receipt of such invoice, the CITY shall reimburse HRSD for the CITY’s share of the Improvement Costs as detailed in the invoice. 3. The CITY’s CA cost will be equal to the final City Facilities Cost when compared to the total project Improvement Cost multiplied by the total CA cost. a. City Facilities Costs / Total Improvement Costs X Total CA Costs = CITY CA Cost Page 4 of 14  Agreement for Cost Sharing of the HRSD Huxley Place to Middle Ground Boulevard Interceptor Force Main Extension (JR012100) and City of Newport News Huxley Place Sanitary Rehabilitation & Replacement 4. The CITY’s CI cost will be equal to the final City Facilities Cost when compared to the total project Improvement cost multiplied by the total CI cost. a. City Facilities Costs / Total Improvement Costs X Total CI Costs = CITY CI Cost . D. Operation and Maintenance of the Improvements during and after Construction 1. HRSD shall be responsible for operation and maintenance of the HRSD Facilities during and after construction. 2. CITY shall be responsible for operation and maintenance of the CITY Facilities during and after construction. 3. HRSD and the CITY agree to cooperate and coordinate for the operations and maintenance of any interconnections between the HRSD Facilities and CITY Facilities. III. SCHEDULE The construction is anticipated to begin by June 1, 2019 and be complete by June 1, 2020. If the construction dates listed herein are substantially delayed, HRSD reserves the right to terminate this Agreement. III. OBLIGATIONS OF HRSD AND THE CITY A. Public Hearing HRSD and the CITY will be responsible for holding a public hearing if required. The CITY will coordinate and reserve the location, and assist HRSD in such public hearing. B. Bidding of the Improvements 1. HRSD agrees to issue bidding documents for construction of the Improvements. The CITY agrees to provide administrative support during the bidding phase. In particular the CITY shall: a. Attend the preconstruction meeting. b. Provide timely responses to the ENGINEER for any Page 5 of 14 Agreement for Cost Sharing of the HRSD Huxley Place to Middle Ground Boulevard Interceptor Force Main Extension (JR012100) and City of Newport News Huxley Place Sanitary Rehabilitation & Replacement questions, requests for clarification, or addenda during the biding phase. c. Provide miscellaneous support to HRSD as required during the bidding phase. 2. HRSD will receive bids for construction of the Improvements. All bids received will be reviewed and approved by the CITY and HRSD prior to award of the construction contract. The CITY and HRSD shall negotiate in good faith to resolve financial matters with regards to bidding the Improvements. The bidding procedures shall be conducted in accordance with the Virginia Public Procurement Act and the HRSD Procurement Policy. C. Administration HRSD shall provide contract administration of the Improvements. The CITY shall reimburse HRSD for the contract administration cost of the CITY Facilities. D. Inspection HRSD shall provide full-time inspection of the Improvements. The CITY shall reimburse HRSD for the inspection costs of the CITY Facilities. The inspector(s) shall have the authority to assure the Improvements are constructed in accordance with the Final Plans and Specifications. E. Deeds and Easements 1. HRSD shall obtain any and all necessary fee simple deeds and/or deeds of easement needed for the HRSD Facilities. 2. CITY shall obtain any and all necessary fee simple deeds and/or deeds of easements for the CITY Facilities. F. Correction of Construction Defects in the Improvements HRSD shall require the Contractors to provide a performance and payment bond for the full amount of the construction of the Improvements. The construction contract shall also provide for a warranty of the Contractor’s work against construction defects in the Improvements and shall require the Contractor to correct such defects that are reported by Page 6 of 14  Agreement for Cost Sharing of the HRSD Huxley Place to Middle Ground Boulevard Interceptor Force Main Extension (JR012100) and City of Newport News Huxley Place Sanitary Rehabilitation & Replacement HRSD or the CITY within one (1) year of the final acceptance of the Improvements. G. Construction Record Drawings ENGINEER shall provide HRSD and the CITY approved construction record drawings in accordance with HRSD Standards for use in Engineered Construction Projects and the City of Newport News Construction Standards and Special Provisions, latest edition. IV. GOVERNING LAW This Agreement shall be deemed to be a Virginia contract and shall be governed as to all matters whether of validity, interpretations, obligations, performance or otherwise exclusively by the laws of the Commonwealth of Virginia, and all questions arising with respect thereto shall be determined in accordance with such laws. Regardless of where actually delivered and accepted, this contract shall be deemed to have been delivered and accepted by the parties in the Commonwealth of Virginia. V. TERMINATION Anything herein or elsewhere to the contrary notwithstanding, this Agreement and the obligations of the parties hereunder may be terminated by the CITY or HRSD in the event that the other party breaches or violates any material provision of this Agreement or fails to perform any material covenant or agreement to be performed by either party under the terms of this Agreement and such breach, violation or failure is not cured within sixty (60) days of the defaulting party’s receipt of written notice of such breach from the non-defaulting party; or by mutual agreement of the CITY and HRSD. VI. NOTICE Any notice, communication or request under this Agreement shall be provided in writing by either (a) certified mail, return receipt requested, postage prepaid, or (b) a nationally recognized overnight delivery service (next business day service), or (c) hand-delivery, if the receipt of the same is evidenced by the signature of the addressee or authorized agent, and addressed to the following: For: HRSD By U.S. Postal Service By Overnight Mail: Page 7 of 14  Agreement for Cost Sharing of the HRSD Huxley Place to Middle Ground Boulevard Interceptor Force Main Extension (JR012100) and City of Newport News Huxley Place Sanitary Rehabilitation & Replacement General Manager General Manager P. O. Box 5911 1434 Air Rail Avenue Virginia Beach, VA 23471-0911 Virginia Beach, VA 23455 Telephone: (757) 460-4242 With Copy to: Conway H. Shield, III Jones, Blechman, Woltz and Kelly 701 Town Center Drive, Suite 200 Newport News, VA 23606 For: City of Newport News Cynthia D. Rohlf, City Manager City of Newport News, Virginia 2400 Washington Avenue Newport News, VA 23607 Telephone: (757) 727-6392 Facsimile: (757) 926-3505 With Copy to: City Attorney 2400 Washington Avenue Ninth Floor City Hall Newport News, VA 23607 VII. ASSIGNMENT No party may assign its rights in this Agreement without the prior written consent of the other party. VIII. AMENDMENT This Agreement may be amended only by a written instrument duly executed by the parties. IX. SEVERABILITY If any provision of this Agreement or the application thereof to any circumstance shall be determined to be invalid, illegal or unenforceable to any extent, the remainder of this Agreement and the application thereof shall not be affected and shall continue to be valid, in effect and enforceable to the fullest extent permitted by law. Page 8 of 14  Agreement for Cost Sharing of the HRSD Huxley Place to Middle Ground Boulevard Interceptor Force Main Extension (JR012100) and City of Newport News Huxley Place Sanitary Rehabilitation & Replacement X. DAMAGES If by omission that constitutes negligence or willful misconduct or failure to abide by engineering standards or failure to abide by the Final Plans and Specifications described herein, the negligent party shall be responsible for the payments for damages to any other party to this Agreement to the extent of applicable law. XI. INSURANCE HRSD and the CITY have the right to review and approve insurance coverage in the various insurance categories that HRSD and the CITY deem necessary to be carried by the Contractor or any other parties to this Agreement. Proof of insurance shall be provided at the request of HRSD or the CITY and the insurance coverage shall be maintained during the term of this Agreement. XII. TERM OF AGREEMENT The term of the Agreement will commence on the date the Agreement is entered into and be completed when each party has completely performed its obligations hereunder. XIII. FORCE MAJEURE In the event of enforced delay in the performance of such obligations due to unforeseeable causes beyond the control of the CITY or HRSD or the Contractor and without their fault or negligence, including, but not restricted to, acts of God or of the public enemy, acts of the government, fires, floods, epidemics, quarantine restrictions, strikes, freight embargos, and unusually severe weather or delays of subcontractors due to such causes; it being the purpose and intent of this provision that in the event of the occurrence of any such enforced delay, the time or times for performance of the obligations of the parties shall be extended for the period of the enforced delay. XIV. INDEPENDENT CONTRACTOR If the Contractor(s) hire subcontractors or independent contractors, HRSD and the CITY have the right to approve them by reviewing their requisite experience and knowledge to complete the work assigned. Page 9 of 14  Agreement for Cost Sharing of the HRSD Huxley Place to Middle Ground Boulevard Interceptor Force Main Extension (JR012100) and City of Newport News Huxley Place Sanitary Rehabilitation & Replacement XV. SUBCONTRACTOR If any Contractors or subcontractors are selected by any party to this Agreement for completion of the work contemplated herein, HRSD has the right to approve the same. XVI. WAIVER No waiver of the breach of any term or provision of this Agreement shall be construed to be, or shall constitute, a waiver of any other breach of this Agreement. No waiver shall be binding unless in writing and signed by the parties waiving the breach. The failure of any party to seek redress for violation of or to insist upon the strict performance of any covenant or condition of this Agreement shall not prevent a subsequent act, which would have originally constituted a violation, from having the effect of an original violation. The rights and remedies provided by this Agreement are cumulative and the use of any one right or remedy by any party shall not preclude or waive the right to use any or all other remedies. Such rights and remedies are given in addition to any other rights the parties may have by law, statute, ordinance or otherwise. XVII. INTEGRATION This Agreement constitutes the entire understanding among the parties. No provision of this Agreement may be waived, modified or amended except by an instrument signed by the party against whom the enforcement of such waiver, modification or amendment is sought. No waiver by either party of any failure or refusal by the other party to comply with its obligations hereunder shall be deemed a waiver of any other or subsequent failure or refusal to comply. Page 10 of 14  Agreement for Cost Sharing of the HRSD Huxley Place to Middle Ground Boulevard Interceptor Force Main Extension (JR012100) and City of Newport News Huxley Place Sanitary Rehabilitation & Replacement IN WITNESS WHEREOF, the Hampton Roads Sanitation District Commission (HRSD) has caused this Agreement to be signed on its behalf by its General Manager in accordance with authorization granted at its regular meeting held on _______________, 2018. HAMPTON ROADS SANITATION DISTRICT By___________________________________ Edward G. Henifin, P.E., General Manager COMMONWEALTH OF VIRGINIA, CITY OF VIRGINIA BEACH, to-wit: The foregoing agreement was acknowledged before me this day of ________________, 2018, by Edward G. Henifin, P.E., General Manager, Hampton Roads Sanitation District. Notary Public My commission expires: Registration No.: Page 11 of 14  Agreement for Cost Sharing of the HRSD Huxley Place to Middle Ground Boulevard Interceptor Force Main Extension (JR012100) and City of Newport News Huxley Place Sanitary Rehabilitation & Replacement IN WITNESS WHEREOF, the City of Newport News (CITY) has caused this Agreement to be signed by the City Manager on its behalf pursuant to Resolution adopted by the City Council on _______________, 201_, CITY OF NEWPORT NEWS By___________________________________ Cynthia D. Rohlf, City Manager ATTEST: ____________________________ City Clerk COMMONWEALTH OF VIRGINIA, CITY OF NEWPORT NEWS, to-wit: The foregoing Agreement was acknowledged before me this day of ________________, 201_, by Cynthia D. Rohlf, City Manager, City of Newport News, Virginia. ____________________________________ Notary Public My commission expires: Registration No.: Approved as to Form and Correctness: Approved as to Content: _______________________________ _________________________ Deputy City Attorney Director of Utilities Page 12 of 14 Agreement for Cost Sharing of the HRSD Huxley Place to Middle Ground Boulevard Interceptor Force Main Extension (JR012100) and City of Newport News Huxley Place Sanitary Rehabilitation & Replacement Exhibit 1 HRSD Facilities Location Map Page 13 of 14 Agreement for Cost Sharing of the HRSD Huxley Place to Middle Ground Boulevard Interceptor Force Main Extension (JR012100) and City of Newport News Huxley Place Sanitary Rehabilitation & Replacement Exhibit 2 City Facilities Location Map Page 14 of 14  CIT Y CENT ER BLVD BR YAN CT ST TH TT NA O TH PROPOSED PR ILI HRSD FORCE MAIN PH AS UR OM NE WO RB LF D LV ES N T N SQ Y RO ST SU M M ME L LI A RD R WI HE AN RM ME S IL N SQ LV RO DR LE ST Y W M RO E IA AV LL IT AR WI M WH LT VE WA AN A CITY OF NEWPORT NEWS SANITARY SEWER TO BE PROJECT REHABILITATED/REPLACED M LOCATION W INT ERHA V EN DR ALP INE ST CARN EGIE MEL LO N DR S T Y LN R ST MASS E HU C E N TE XL EDMO EY ND M OLIN PL WHITE E DR S LN DR µ CITY OF NEWPORT NEWS, VIRGINIA HUXLEY PLACE SANITARY SEWER REHABILITATION H. Appropriations ACTION: A REQUEST FOR A MOTION OF CITY COUNCIL TO APPROVE AS A BLOCK THE FOLLOWING APPROPRIATIONS. 1. None Submitted *I. Citizen Comments on Matters Germane to the Business of City Council J. Old Business, New Business and Councilmember Comments 1. Motion to Reconsider Resolution in Support of General Assembly Ratification of the Equal Rights Amendment (ERA) City Manager City Attorney City Clerk Jenkins Price Scott Vick Woodbury Cherry Harris K. Adjourn *THE BUSINESS PORTION OF THE MEETING WILL BE CONCLUDED NO LATER THAN 10:00 P.M. TO ALLOW PERSONS TO ADDRESS CITY COUNCIL UNDER “CITIZEN COMMENTS ON MATTERS GERMANE TO THE BUSINESS OF CITY COUNCIL.”