City Council Business Meeting

City of Charlotte Charlotte-Mecklenburg Government Center 600 East 4th Street Charlotte, NC 28202 Meeting Agenda Monday, July 25, 2016 Council Chambers City Council Business Meeting Mayor Jennifer W. Roberts Mayor Pro Tem Vi Lyles Council Member Al Austin Council Member John Autry Council Member Ed Driggs Council Member Julie Eiselt Council Member Claire Fallon Council Member Patsy Kinsey Council Member LaWana Mayfield Council Member James Mitchell Council Member Greg Phipps Council Member Kenny Smith City Council Business Meeting Meeting Agenda July 25, 2016 CITY COUNCIL MEETING Monday, July 25, 2016 In addition to the previously advertised public hearing items, Departments have asked that the time sensitive items listed below not be deferred. Item# Title 13 Public Hearing on General Obligation Bond Referendum 21 Police Body Amor Vests 22 Police DNA Equipment and Supplies 55 Mail Remittance Services City of Charlotte Page 2 Printed on 7/20/2016 City Council Business Meeting Meeting Agenda July 25, 2016 5:00 P.M. DINNER BRIEFING, CHARLOTTE-MECKLENBURG GOVERNMENT CENTER, ROOM 267 1. Mayor and Council Consent Item Questions Staff Resource(s): Katie McCoy, City Manager’s Office Time: 5 minutes Synopsis: Mayor and Council may ask questions about Consent agenda items. Staff will address questions at the end of the dinner meeting. 2. City Council Nomination and Appointment Process Committee Chair: Council member Kenny Smith Staff Resource(s): Stephanie Kelly, City Clerk’s Office Time: 20 minutes Explanation § At the March 28th City Council Business Meeting, Council member Autry requested a referral to the Committee to review and make recommendations on improvements to the process of nominations and appointments to the City Council’s advisory boards and commissions. § The current policies and practices, as well as potential options, were reviewed by the Committee at their April 25th and June 27th meetings. § The Committee has requested a status update be presented to the full City Council for their feedback. § The City Clerk’s Office will give an overview of the current process, provide staff and Committee recommendations, and seek City Council input and guidance on any desired changes. Future Action § City Council will be asked to consider changes to the process at their Business Meeting on August 22, 2016. City of Charlotte Page 3 Printed on 7/20/2016 City Council Business Meeting Meeting Agenda July 25, 2016 3. Joint Communications Center Committee Chair: Council member Julie Eiselt Staff Resource(s): Jon Hannan, Fire Katrina Graue, Police Time: 30 minutes Explanation § The purpose of this presentation is to provide an overview of the Joint Communications Center project, including scope of project, building components and budget options that were presented to the Community Safety Committee (Committee) on June 16, 2016. § On April 13, 2016, staff presented the Joint Communications Center to the Committee and provided information on scope of project, building components and funding requirement. The Committee asked staff to provide additional information including options to reduce the amount of funding requested. § On June 16, 2016, staff presented additional information on the building and options for the Committee to consider. The Committee voted unanimously (Eiselt, Austin, Fallon, Phipps, and Smith) to recommend to the full City Council an additional $8.3 million appropriation to the budget. Future Action § On August 22, 2016, the City Council will be asked to consider the following actions for the Joint Communications Center: - Appropriating an additional $8.3 million in funding, - Approve a $1.457 million design amendment with Little Diversified Architectural Consulting, and - Award a $53 million construction manager at risk contract to Rodgers Leeper. 4. Answers to Mayor and Council Consent Item Questions Staff Resource(s): Katie McCoy, City Manager’s Office Time: 10 minutes Synopsis Staff responses to questions from the beginning of the dinner meeting. 5. Closed Session Action: Adopt a motion pursuant to North Carolina General Statute 143-318.11(a)(3) to go into closed session to consult with attorneys employed or retained by the City in order to preserve the attorney-client privilege and to consider and give instructions to the attorneys concerning the handling or settlement of a claim and City of Charlotte v. BWN Investments, 13-CVS-10766 and 13-CVS-13163. City of Charlotte Page 4 Printed on 7/20/2016 City Council Business Meeting Meeting Agenda July 25, 2016 Call to Order Roll Call Introductions Invocation Pledge of Allegiance City of Charlotte Page 5 Printed on 7/20/2016 City Council Business Meeting Meeting Agenda July 25, 2016 6. Consent agenda items 19 through 80 may be considered in one motion except for those items removed by a Council member. Items are removed by notifying the City Clerk. Consideration of Consent Items shall occur in the following order: A. Items that have not been pulled, and B. Items with citizens signed up to speak to the item. City of Charlotte Page 6 Printed on 7/20/2016 City Council Business Meeting Meeting Agenda July 25, 2016 6:30 P.M. AWARDS & RECOGNITIONS AND CITIZENS' FORUM 7. 2016 City of Charlotte and Mecklenburg County recognize the Americans with Disabilities Act with a Proclamation Action: Mayor Roberts will read a proclamation reaffirming the continued work of the City of Charlotte and Mecklenburg County to be in full compliance with the Americans with Disabilities Act. 8. Recognition of Carolina Juniors Volleyball Club Action: Mayor Roberts will read a proclamation recognizing the Carolina Juniors Volleyball Club for earning a bid to the USA Volleyball National Tournament in Indianapolis. This is the first time a volleyball club in the metro Charlotte region has qualified for the tournament. 9. Presentation by Mrs. Nina Johnson, Mrs. North Carolina 2016 Action: Mayor Roberts will introduce Mrs. Johnson who will provide a brief presentation regarding her reign as Mrs. North Carolina. 10. The Crown Tree Award Winners Action: Mayor Roberts will recognize the winners of the Charlotte Tree Advisory Commission’s Crown Tree Awards. These individuals provide outstanding projects, and have a positive impact on the Queen City’s tree canopy. City of Charlotte Page 7 Printed on 7/20/2016 City Council Business Meeting Meeting Agenda July 25, 2016 PUBLIC HEARING City of Charlotte Page 8 Printed on 7/20/2016 City Council Business Meeting Meeting Agenda July 25, 2016 11. Public Hearing on a Resolution to Close a Portion of an Alleyway off of E. 10th Street Action: A. Conduct a public hearing to close a portion of an alleyway off of E. 10th Street, and B. Adopt a resolution to close a portion of an alleyway off of E. 10th Street. Staff Resource(s): Jeff Boenisch, Transportation Explanation § North Carolina General Statute 160A-299 outlines the procedures for permanently closing streets and alleys. § The Charlotte Department of Transportation received a petition to abandon public right-of-way and requests this City Council action in accordance with the statute. § The action removes land from public right-of-way status and attaches it to the adjacent property. The attached resolution refers to exhibits and metes and bounds descriptions that are available in the City Clerk’s Office. § A portion of an alleyway off of E. 10th Street is located in Council District 1. Petitioners Pamlico Investments, Inc. - Joshua Davis Right-of-Way to be Abandoned The portion of an alleyway off of E. 10th Street is located between E. 12th Street and Seigle Avenue. Reason To abandon right-of-way so that land may be reassembled to accommodate an approved mixed-use development. This request is consistent with rezoning petition #2016-045, which was approved by City Council on May 16, 2016. Notification As part of the City’s notification process, and in compliance with North Carolina General Statute 160A-299, the Charlotte Department of Transportation submitted this abandonment petition for review by the public and City Departments. Adjoining property owner(s) Mr. Phillip Reiss - No objections Mr. Shaun Kennedy - No objections Mr. Fesseha Zeru - No objections Mr. Jay Yon - No objections Ms. Robin Branstrom - No objections Neighborhood/Business Association(s) Belmont Community Association - Notified/no comments Private Utility Companies - No objections City Departments Review by City departments identified no apparent reason this closing would: § Be contrary to the public interest; § Deprive any individual(s) owning property in the vicinity of reasonable means of ingress and egress to their property as outlined in the statutes; and City of Charlotte Page 9 Printed on 7/20/2016 City Council Business Meeting Meeting Agenda July 25, 2016 § Be contrary to the adopted policy to preserve existing rights-of-way for connectivity. Attachment Map Resolution Council Map Alleyway off of 10th Street Resolution to Close a portion of an alleyway off of E. 10th Street City of Charlotte Page 10 Printed on 7/20/2016 City Council Business Meeting Meeting Agenda July 25, 2016 12. Public Hearing on a Resolution to Close a Portion of Greenwood Cliff Action: Continue a public hearing to close a portion of Greenwood Cliff to September 26, 2016. The Pearl Park Tax Increment Grant was considered by the following: - Mecklenburg County Economic Development Committee: June 8, 2016, - Mecklenburg Board of County Commissioners: June 21, 2016. Staff Resource(s): Jeff Boenisch, Transportation Explanation § North Carolina General Statute 160A-299 outlines the procedures for permanently closing streets and alleys. § The Charlotte Department of Transportation received a petition to abandon public right-of-way and requests this City Council action in accordance with the statute. § The action removes land from public right-of-way status and attaches it to the adjacent property. § The abandonment of Greenwood Cliff would allow for an extension of the existing Pearl Park Way (Pearl Park Project). § There are three primary actions necessary for the Pearl Park Project to move forward: - Approval of a proposed Text Amendment, accomplished on February 15, 2016, - Decision on the Pearl Park Way Extension Tax Increment Grant (September 26, 2016), and - Closing of a portion of Greenwood Cliff (September 26, 2016). § The resolution to close this portion of Greenwood Cliff contains a contingency statement that requires the construction of Pearl Park Way Extension and Berkley Place Extension to be completed within five years of this action. § The City intends to keep Greenwood Cliff open to the public until the conditions outlined in the contingency statement are met. § Greenwood Cliff is located in City Council District 1. Petitioners Midtown Partners II, LLC Right-of-Way to be Abandoned Greenwood Cliff is located northwest of Kenilworth Avenue, neighboring the Pearl Street Neighborhood Park. Reason The closing of a portion of Greenwood Cliff will occur in exchange for the construction of the new Pearl Park Way extension. This first phase of this street connection will occur between Kenilworth Avenue and the remaining portion of Greenwood Cliff. In addition, this street closing will allow a number of abutting properties to be recombined in order to accommodate a new development consisting of mixed housing, office, and commercial uses. The proposed development is consistent with the Midtown-Morehead-Cherry Area Plan. Notification As part of the City’s notification process, and in compliance with North Carolina General Statute 160A-299, the Charlotte Department of Transportation submitted this abandonment petition for review by the public and City Departments. Adjoining property owner(s) Mr. Alan Mayfield - Notified/no response City of Charlotte Page 11 Printed on 7/20/2016 City Council Business Meeting Meeting Agenda July 25, 2016 Mr. James Keenan - Has concerns that the proposed project design will not adversely impact remaining properties. Mr. David Earnhardt - Notified/no response Mr. Allen James - Notified/no response Mr. William Turner - No objections Mr. Chester Helt - Has concerns, which he and the petitioner are working to resolve. D&R Properties of Charlotte, LLC - Notified/no response Amy ENT, LLC - Notified/no response ODOM Family, LLC - Notified/no response Nameste Properties No. 1, LLC - Notified/no response Liberty Greenwood Cliff, LLC - Notified/no response Neighborhood/Business Association(s) Charlotte Regional Realtor® Association - No objections Private Utility Companies - No objections City Departments Review by City departments identified no apparent reason this closing would: § Be contrary to the public interest; § Deprive any individual(s) owning property in the vicinity of reasonable means of ingress and egress to their property as outlined in the statutes; and § Be contrary to the adopted policy to preserve existing rights-of-way for connectivity. City of Charlotte Page 12 Printed on 7/20/2016 City Council Business Meeting Meeting Agenda July 25, 2016 13. Public Hearing on General Obligation Bond Referendum Action: A. Conduct a public hearing on the bond orders, which would be authorized by the General Obligation Bond Referendum to be set for November 8, 2016, B. Adopt bond orders introduced for $148,440,000 in Transportation Bonds, $55,000,000 in Neighborhood Improvement Bonds, and $15,000,000 in Housing Bonds, and C. Adopt a resolution setting the General Obligation Bond Referendum for November 8, 2016. Staff Resource(s): Randy Harrington, Management & Financial Services Robert Campbell, Management & Financial Services Explanation § On June 13, 2016, the City Council adopted the Fiscal Year 2017 Operating Budget and Fiscal Years 2017-2021 Community Investment Plan, which included a $218,440,000 bond referendum in 2016. City Council also approved resolutions authorizing staff to proceed with the actions necessary to conduct a general obligation bond referendum. § On June 27, 2016, the City Council introduced the bonds orders and set a public hearing on each of the bond orders for July 25, 2016. § The current action is the third of four City Council actions. This action will specifically: - Hold a public hearing on each bond order; - Adopt bond orders for $148,440,000 of Transportation Bonds, $55,000,000 of Neighborhood Improvement Bonds and $15,000,000 of Housing Bonds; and - Approve a resolution setting the bond referendum for November 8, 2016, and direct staff to publish notice of the referendum. § The Local Government Commission is scheduled to consider the referendum for approval at its September meeting. § The referendum approval process must be completed by the City Council and delivered to the Mecklenburg County Elections Director by the week of August 8, 2016. Next Steps § After November 8, 2016, the City Council will be asked to adopt a resolution certifying and declaring the results of the special bond referendum. This action will occur after the Mecklenburg County Board of Elections certifies the results of the vote. Fiscal Note Funding Municipal Debt Service Fund Attachment Bond Orders (3) Bond Referendum Notice Resolution Minutes of the public hearings and adoption of the Bond Orders Notices of the Bond Orders and the Referendum Resolution Setting the Referendum - Charlotte 2016 Referendum City of Charlotte Page 13 Printed on 7/20/2016 City Council Business Meeting Meeting Agenda July 25, 2016 POLICY 14. City Manager’s Report City of Charlotte Page 14 Printed on 7/20/2016 City Council Business Meeting Meeting Agenda July 25, 2016 15. Charlotte Business INClusion Policy Amendments Action: Approve the Economic Development & Global Competitiveness Committee’s recommendation to adopt the amended Charlotte Business INClusion Policy. Committee Chair: Council member James Mitchell Staff Resource(s): Randy Harrington, Management & Financial Services Eric Nelson, Management & Financial Services Explanation § Based on feedback from the community and the Economic Development & Global Competiveness Committee (Committee), staff is recommending revisions to the 2013 Charlotte Business INClusion Policy (Policy) to increase small business enterprises utilization in City contracting. § The proposed Policy will help the Charlotte Business INClusion Office (CBI) achieve the goal of enhancing competition in City contracting and promote economic growth and development in the City of Charlotte. Recommended Changes to the CBI Policy § The proposed amendments include: - The Elimination of the requirement for headquarters within the Charlotte Statistical Area (CSA) and now allowing Minority Women Small Business Enterprises (MWSBE) firms with an office (physical location, not a post office box) in the CSA to participate. - Removal of “actively in business” eligibility requirement for SBE certification to allow for newly established businesses to participate. - Allow MWSBE Primes to count work towards MWSBE subcontracting goals within the following thresholds: § Construction contracts under $500,000, and § Services contracts under $200,000. - Expedite the appeal process by removing the Department Director level hearing and sending appeals directly to the City Manager’s Office for improved customer service. - Incorporate Payment Affidavit Policy into the Policy to ensure consistent citywide tracking and reporting of subcontractor payments. - Adding language to clarify requirements for quick pay commitments and instituting liquidated damages for violations. - Additional non-material technical edits to clean-up and/or clarify policy language. Economic Development & Global Competitiveness Committee Discussion § On May 26, 2016, CBI staff presented several proposed Policy amendments to the City Council Economic Development & Global Competitiveness Committee. § The Committee voted unanimously to endorse the adoption of the proposed amendments to the Policy (Mitchell, Eiselt, and Mayfield; Lyles and Driggs were not present). § Amendments to the Policy were also endorsed by the CBI Advisory Council, Metrolina Minority Contractors Association, and the Hispanic Contractors Association of the Carolinas. Attachment Charlotte Business INClusion Presentation to the Committee on May 26, 2016 CBI Revised Policy CBI Policy Amendments_Ppt_7-25-16 CBI Revised Policy City of Charlotte Page 15 Printed on 7/20/2016 City Council Business Meeting Meeting Agenda July 25, 2016 BUSINESS City of Charlotte Page 16 Printed on 7/20/2016 City Council Business Meeting Meeting Agenda July 25, 2016 16. Unified Development Ordinance Contract Amendment Action: A. Approve contract amendment #1 for $650,000 with Camiros, LTD for consulting services to develop a Unified Development Ordinance, and B. Authorize the City Manager to approve additional amendments consistent with the City’s business needs and the purpose for which the contract was approved, including price adjustments. Staff Resource(s): Laura Harmon, Planning Explanation § The Planning Department completed an assessment of the City’s zoning and development ordinances in 2013. This assessment recommended that the City conduct a comprehensive update of its zoning and development ordinances in order to align our regulations to better implement adopted plans and polices for the City’s growth and create an ordinance that is clear and understandable for all users. § In collaboration with Camiros, LTD (Camiros), a consulting firm, the Charlotte Planning Department is currently leading a multi-department/agency effort to update the City’s Zoning Ordinance and combine it with other City development ordinances to create a Unified Development Ordinance (UDO). § Contract amendment #1 for $650,000 incorporates the consultant scope of work to develop the UDO with public and stakeholder engagement through drafting and adoption. § Key elements of this scope of work includes: Public and Stakeholder Engagement: Facilitating a wide range of engagement activities throughout the ordinance development, review and adoption process. - Engaging the Charlotte-Mecklenburg Planning Commission and other development related boards and commissions. - Facilitating an Advisory Committee to provide technical review and guidance throughout the process. - Public engagement through a series of community meetings, open houses, workshops, stakeholder interviews, and topic-specific forums. - Regular City Council and Transportation and Planning Committee updates and discussions. - Maintaining and updating an interactive website for information sharing and public comment. Ordinance Drafting and Development: Drafting, revising, and editing all technical documents in the development of a final UDO. - Developing an Annotated Outline of the UDO that lays out the structure, organization, and key issues to be addressed. - Drafting, reviewing, and editing a series of UDO drafts for public review and comment. - Preparing a final UDO for City Council review and adoption. Ordinance Adoption and Implementation: Providing technical support throughout the review and adoption process. - Creating a Unified Development Ordinance User Guide (for both the public and City staff). - Conducting training sessions for staff, officials and the public to orient them to the newly adopted UDO. Background § In Fiscal Year 2015, the City Council approved $1.1 million to implement the recommendations from the 2013 Assessment Report. This funding included resources for a temporary staff position and additional consultant support. § The City issued a Request for Qualifications (RFQ) to select a consultant team to assist with the City of Charlotte Page 17 Printed on 7/20/2016 City Council Business Meeting Meeting Agenda July 25, 2016 development ordinance update. § A multi-departmental selection team was established, including representatives of the City Manager’s Office, City Attorney’s Office, Planning Department, Charlotte Department of Transportation, Neighborhood & Business Services, and Engineering & Property Management. § The selection team selected Camiros as best meeting the City’s needs in terms of comparable national experience and demonstrated success implementing similar development ordinances. § In December 2015, the City entered into a contract with Camiros to conduct an initial phase of work that included a detailed review of existing ordinances, multi-departmental interviews and work sessions, and discussions with the Planning Commission and City Council Transportation & Planning Committee. This initial phase of work has established an approach and detailed scope of work that defines the process and services to be provided through the development and adoption of a Unified Development Ordinance. § City Council received a presentation on the UDO at the Zoning Meeting on July 18, 2016. Charlotte Business INClusion No subcontracting goal was established because there are no subcontracting opportunities (Part C: Section 2.1(a) of the Charlotte Business INClusion Policy). Fiscal Note Funding: General Community Investment Plan Attachment Zoning Meeting Presentation on July 18, 2016 Unified Dev Ord Contract Amend_Ppt_7-25-16 City of Charlotte Page 18 Printed on 7/20/2016 City Council Business Meeting Meeting Agenda July 25, 2016 17. Charlotte Gateway Station Municipal Agreement Addendum and Property Acquisition Action: A. Authorize the City Manager to negotiate and execute addendum #1 to the Municipal Agreement between the City and the North Carolina Department of Transportation for the Charlotte Gateway Station project, B. Approve the purchase of 2.9 acres of Uptown property in the amount of $11,841,625 comprised of 12 individual parcels from the North Carolina Department of Transportation for the Charlotte Gateway Station project, and C. Authorize the City Manager to execute all documents necessary to complete the acquisition of the property. Staff Resource(s): John Lewis, CATS John Muth, CATS Tina Votaw, CATS Explanation § The Charlotte Gateway Station (Project) will be the primary multi-modal transportation hub for Uptown Charlotte. The Project will include the design and construction of track, bridges, supporting infrastructure and a station facility (building) with modes that include: - Inter-city Passenger Rail (Amtrak/North Carolina Department of Transportation), - Inter-city Bus (Greyhound/Other inter-city carriers), - Commuter Rail (CATS Red Line), - Modern Streetcar (CityLYNX Gold Line), and - Regional, Express, and Local Bus (CATS). § In October 2015, the Project was approved for a $25 million TIGER 2015 grant by the U.S. Department of Transportation through the Federal Railroad Administration. - This grant will pay for a portion of the cost to construct the first phase of the Project, referred to as the Track, Structures & Signals (TS&S) Phase. - In order to sign the grant agreement, the City must demonstrate that it has completed the required preconstruction activities, such as completion of right-of-way acquisition and completion of construction drawings of the TS&S infrastructure. It is anticipated that the grant agreement will be signed by September 2017. § Due to funding availability, the Project may be completed in phases, using grant funding as much as possible to offset costs. Action A § On May 21, 2009, the City and the North Carolina Department of Transportation (NCDOT) executed a Municipal Agreement (Agreement) to partner on the design, construction, and implementation of the Project. § On May 27, 2015, the parties executed a revised Municipal Agreement to clarify roles and responsibilities. The Agreement is intended to be a living document that will be amended as needed to implement the Project. § NCDOT and the City have prepared a first addendum to the existing Agreement, which sets forth the actions necessary to complete the preconstruction activities. § NCDOT is responsible for selection of engineering and architectural services needed in order to complete the TS&S construction plans and has selected a team led by HNTB (engineering) and Wagner-Murray (architectural). § The proceeds received from the sale of property to the City (Action B) will be used by NCDOT to purchase the remaining right-of-way needed for the Project and to pay for the TS&S Phase City of Charlotte Page 19 Printed on 7/20/2016 City Council Business Meeting Meeting Agenda July 25, 2016 engineering and architectural services. Action B § NCDOT currently owns 12 contiguous parcels totaling 2.9 acres in Uptown Charlotte. § These parcels will be the site of the future permanent CGS station building, located between West Trade, West 4th, and South Graham streets. § The property has been appraised several times over the years with the market value ranging from approximately $9,700,000 to approximately $12,700,000. § The City and NCDOT most recently obtained an appraisal that concluded the property at a net value of $11,841,625 and $11,968,625, respectively. - The primary difference between the two appraisals is that NCDOT did not deduct the cost of environmental cleanup, which the City estimates at $127,000. However, NCDOT has since agreed to acknowledge this cost and accept the $11,841,625 offered by the City. § The City previously obtained earmarked grants from the Federal Transit Administration (FTA) that must be specifically used for property acquisition and for construction of the future CATS bus component within the permanent station. - FTA funding will pay for 80% of the cost to acquire the property. - The City (through CATS) and the state of North Carolina will provide a 20% match of the federal funds. § A portion of the property will be needed for construction of the TS&S Phase. The property is currently under a month-to-month lease between NCDOT and Preferred Parking. To move forward with construction, the following will occur: - The City will purchase the property subject to the existing lease. - Preferred Parking will continue to operate on that portion of the property not needed for construction. - The City will offer the opportunity to operate the property as parking to all vendors that may be interested as soon as practicable. § Pursuant to FTA grant rules, revenues received from parking lot operations will be deposited into CATS’ Community Investment Plan Fund. § Acquisition of the subject property will occur after all approvals have been obtained. § Council members have been invited to attend the station area plan workshop (and two open house forums) scheduled for August 1 - 3, 2016. Fiscal Note Funding: Transit Community Investment Plan and FTA Grant Attachment Charlotte Gateway Station Municipal Agreement Addendum Current Draft of Addendum No. 1 dated 4.12.16 18. Mayor and City Council Topics The City Council members may share information and raise topics for discussion. City of Charlotte Page 20 Printed on 7/20/2016 City Council Business Meeting Meeting Agenda July 25, 2016 CONSENT 19. Voluntary Annexation Public Hearing Date Action: Adopt a resolution setting a public hearing for August 22, 2016, for a voluntary annexation petition. Staff Resource(s): Jonathan Wells, Planning Explanation § The City has received a petition for voluntary annexation of private property. § The 266.73-acre “Robinson Church” site is on the north side of the 8800 block of Robinson Church Road in east Mecklenburg County. - The property is currently vacant. - The intended buyer of the property has plans to develop property with 635 single-family homes. - The property is zoned R-3 single-family residential. § The property is located immediately adjacent to City Council District 5. § Public hearings are required prior to City Council action on annexation requests. § The property is located within Charlotte’s extraterritorial jurisdiction. § Area proposed for annexation shares boundaries with current city limits. § Annexation of this area at this time will allow for more orderly land development review, extension of City services, capital investments, and future annexation processes. Consistency with City Council Policies § The “Robinson Church” annexation is consistent with City voluntary annexation policies approved by the City Council on March 24, 2003; more specifically this annexation: - Will not adversely affect the City’s ability to undertake future annexations; - Will not have undue negative impact on City finances or services; and - Will not result in a situation where an unincorporated area will be encompassed by new City limits. Public Hearing Date The resolution sets August 22, 2016, for the public hearing. Attachment Map Resolution Map for RCA Resolution setting hearing City of Charlotte Page 21 Printed on 7/20/2016 City Council Business Meeting Meeting Agenda July 25, 2016 20. Habitat for Humanity of Charlotte Funding Allocation Action: Approve a Community Development Block Grant allocation in the amount of $375,000 to Habitat for Humanity of Charlotte for single-family rehabilitation. Staff Resource(s): Pamela Wideman, Neighborhood & Business Services Warren Wooten, Neighborhood & Business Services Explanation § Habitat for Humanity of Charlotte is requesting $375,000 of Community Development Block Grant (CDBG) funding to continue partnering with the City to rehabilitate homes of low and moderate-income families through their Critical Home Repair Program. § Approval of this funding is recommended as it meets the City’s housing program’s goals including: - Preserving the existing affordable housing stock - Preventing displacement of homeowners - Allowing homeowners to age in place by creating a suitable living environment § City Council’s approval of this request will allow Habitat for Humanity to rehabilitate 33 homes throughout Charlotte using CDBG funding. Background § On May 9, 2016, the City Council adopted the U.S Department of Housing and Urban Development (HUD) Annual Action Plan (Plan). § The Plan: - Identifies the need for affordable, safe, and decent housing for low and moderate-income families - Reaffirms three basic goals of the City’s Housing Policy: § Preserve the existing housing stock, § Expand the supply of affordable housing, and § Support family self-sufficiency initiatives. § The CDBG program supports the Plan and provides resources to address the community’s housing needs, provide a suitable living environment, and expand economic opportunities for low and moderate-income persons. § The primary CDBG program goal is to increase the stock and quality of affordable housing units serving households earning 80% ($53,600) of the Area Median Income (AMI) or below. § Since 2010, Habitat for Humanity has partnered with the City to rehabilitate more than 135 homes owned by low and moderate-income families. Charlotte Business INClusion Community Development Block Grant funds are awarded through the HUD Program and therefore are exempt (Part A: Appendix 1.27 of the Charlotte Business INClusion Policy). Fiscal Note Funding: Community Development Block Grant Attachment Fiscal Year 2017 Annual Action Plan Housing Action Plan FY17 City of Charlotte Page 22 Printed on 7/20/2016 City Council Business Meeting Meeting Agenda July 25, 2016 21. Police Body Armor Vests Action: A. Award a unit price contract to the lowest, responsive bidder Galls, Inc. for the purchase of police body armor vests for the term of three years, and B. Authorize the City Manager to renew the contract for up to two, one year terms with possible price adjustments and to amend the contract consistent with the City’s business needs and the purpose for which the contract was approved. Staff Resource(s): Brian Russell, Police Joel McNelly, Police Explanation § Annually, the Charlotte-Mecklenburg Police Department (CMPD) purchases approximately 300 to 400 body armor vests for new recruits and to replace expired vests. - An officer’s vest requires replacement every five years for optimal safety. § On February 5, 2016, Management & Financial Services issued a two-step Invitation to Bid: - Phase I entailed testing and evaluating products submitted by bidders. - Phase II requested the bidders submit pricing on all products that were approved for use. § During Phase I, six vendors supplied a total of 10 body armor vests and carriers for evaluation: - Carolina Equipment submitted two vests, - S&K Concepts submitted two vests, - Galls submitted two vests, - Lawmens submitted two vests, - KDH Defense Systems submitted one vest, and - Bob Barker submitted one vest. § At the conclusion of Phase I, CMPD had conducted a thorough evaluation of the body armor vests, including a 10-week wear test to evaluate uniform samples for durability, fit, and comfort. § During Phase II, bids were received for the top five evaluated vests. § Galls, Inc. was selected as the lowest responsive bidder. § The company will be paid the unit prices set forth in the contract, a copy of which is available upon request. § Estimated annual expenditures are $220,000. Charlotte Business INClusion No subcontracting goal was established because there are no subcontracting opportunities (Part C: Section 2.1(a) of the Charlotte Business INClusion Policy). Fiscal Note Funding: Police Operating Budget City of Charlotte Page 23 Printed on 7/20/2016 City Council Business Meeting Meeting Agenda July 25, 2016 22. Police DNA Equipment and Supplies Action: A. Approve the purchase of DNA software upgrades and supplies authorized by the sole source exemption of G.S. 143-129 (e)(6), and B. Approve a three-year contract with Life Technologies Corporation for the purchase of DNA testing software upgrades and supplies. Staff Resource(s): Matthew Mathis, Police Sheree Enfinger, Police Sole Source Exemption § G.S. 143-129 (e) (6) provides that formal bidding requirements do not apply when: - Performance or price competition are not available; - A needed product is available from only one source or supply; or - Standardization or compatibility is the overriding consideration. § Sole sourcing is necessary because Life Technologies Corporation is the only vendor capable of supplying DNA testing kits, consumables, and software that are compatible with the DNA testing equipment currently used by Charlotte-Mecklenburg Police Department’s (CMPD) crime lab. § The software and supplies provided by Life Technologies Corporation have been validated through an extensive testing process required for the crime lab’s accreditation and for coordination with the Federal Bureau of Investigation’s national DNA database. Explanation § Life Technologies Corporation is the current vendor for CMPD. § Crime lab purchases include the following: - Upgraded software and licenses for crime lab DNA analysts in the estimated amount of $80,000, - DNA testing equipment in the estimated amount of $120,000, and - DNA testing supplies in the estimated amount of $450,000. § The three year contract is estimated at $650,000. Charlotte Business INClusion This is a sole source contract and is exempt (Part A: Appendix 27 of the Charlotte Business INClusion Policy). Fiscal Note Funding: Police Operating Budget City of Charlotte Page 24 Printed on 7/20/2016 City Council Business Meeting Meeting Agenda July 25, 2016 23. Police Lieutenant and Captain Promotional Assessment Center Services Action: A. Approve a contract in the amount of $70,917 with Developmental Associates to design and implement a lieutenant and captain promotional assessment center for the Charlotte-Mecklenburg Police Department, and B. Authorize the City Manager to approve price adjustments and further amend the contract consistent with the City’s business needs and the purpose for which the contract was awarded. Staff Resource(s): Kellie High-Foster, Police Eugene Trombini, Police Explanation § The Charlotte-Mecklenburg Police Department (CPMD) holds promotional processes annually, using an assessment center to ensure a fair and high-quality process for candidates. § Over the past several years, CMPD has redesigned the promotion process, partnering with Developmental Associates to provide the department with a consistent approach for promotion. § At this time, CMPD seeks to continue working with Developmental Associates to complete all major redesigns and implement a promotional assessment center for the CMPD’s lieutenant and captain promotional processes. The contract would include the design of assessment exercises and training of assessors. § A RFP process for the current promotional processes would not have been feasible due to the following: - This is the last round of promotional processes in which major redesigns are taking place. - The movement of the promotional process to earlier in the calendar year will prevent a full and thorough RFP process. § In Fiscal Year 2016, CMPD spent $74,244.43 in a one-year contract with Developmental Associates. § The proposed contract would end November 18, 2016. At that time, CMPD will conduct a Request for Proposals to solicit these services in the future. Charlotte Business INClusion No subcontracting goal was established because there are no subcontracting opportunities (Part C: Section 2.1(a) of the Charlotte Business INClusion Policy). Fiscal Note Funding: Police Operating Budget City of Charlotte Page 25 Printed on 7/20/2016 City Council Business Meeting Meeting Agenda July 25, 2016 24. Discovery Place Renovations Action: Award a contract in the amount of $1,400,000 to the lowest responsive bidder Shiel-Sexton Company, Inc. for the Discovery Place Renovation project. Staff Resource(s): Kathleen Cishek, Engineering & Property Management Joanie Phillip, Discovery Place Explanation § The contract with Shiel-Sexton Company, Inc. will renovate existing exhibit areas on the second and third floors to provide shell space for the two new labs, including: - Demolition of the existing space, - Additional heating, ventilation, and air-conditioning equipment on the roof, - Providing electrical and data cabling, - Constructing drywall and glass partition walls, - Digital signage, and - Installing carpet, paint, and cabinets. § These lab spaces will provide visitors with educational opportunities in the health sciences field and hands-on activities in other science-related fields. § During construction, Discovery Place will remain open. The contractor will construct temporary walls to limit the noise and dust from reaching other parts of the building. § On June 10, 2016, the City issued an Invitation to Bid for Discovery Place Renovations; three bids were received from interested service providers. § Shiel-Sexton Company, Inc. was selected as the lowest responsive, responsible bidder. § The renovation project is anticipated to be complete in fourth quarter 2016. § Discovery Place will install new exhibit pieces in these spaces when construction is complete. Background § Discovery Place is a science museum that opened in 1981 with significant renovations occurring in 2010. § The City owns the building and Discovery Place operates the museum. § To keep pace with technology and current innovations in the fields of science and engineering, Discovery Place desires to renovate/modify three existing spaces in the museum to accommodate new exhibits and two lab areas. § Discovery Place also plans to upgrade the technology in the 3-D theater to create a more flexible theater space for live theatrical shows, speakers, demonstrations, and community conversations. § Discovery Place will celebrate 35 years at the North Tryon Street location in late 2016 and would like to unveil these new spaces in its anniversary year. § As part of the Fiscal Year 2016 Community Investment Plan, the City Council approved $3.5 million in Tourism Capital funding to complete these renovations. - $1.75 million to Discovery Place for lab content and exhibits, - $1.4 million for renovations to construct the lab and exhibit spaces, and - $350,000 for architectural design services and miscellaneous project costs. § On March 14, 2016, the City Council approved an agreement with Discovery Place for $1.75 million that provided funding for the design, development, and fabrication of exhibit content for these spaces. Charlotte Business INClusion Established SBE Goal: 12.00% Committed SBE Goal: 14.10% Shiel-Sexton Company Inc. exceeded the established SBE subcontracting goal, and has committed 14.10% ($225,537) of the total contract amount to the following certified SBE firms (Part B: Section 3 of City of Charlotte Page 26 Printed on 7/20/2016 City Council Business Meeting Meeting Agenda July 25, 2016 the Charlotte Business INClusion Policy): · TEC Electric, LLC (SBE, MBE) ($225,537) (electrical) Established MBE Goal: 5.00% Committed MBE Goal: 14.10% Shiel-Sexton Company Inc exceeded the established subcontracting goal, and has committed 14.10% ($225,537) of the total contract amount to the following certified MBE firms (Part B: Section 3 of the Charlotte Business INClusion Policy): · TEC Electric, LLC (SBE, MBE) ($225,537) (electrical) Fiscal Note Funding: Tourism Capital Projects Fund Attachment Map Location Map -Discovery Place Renovation 2016 City of Charlotte Page 27 Printed on 7/20/2016 City Council Business Meeting Meeting Agenda July 25, 2016 25. Charlotte-Mecklenburg Government Center Building Sealant Replacement Action: Award a contract in the amount of $1,214,009.07 to the lowest responsive bidder Western Waterproofing of America for the CMGC Building Sealant Replacement project. Staff Resource(s): Dianne Frederick, Engineering & Property Management Explanation § The Charlotte-Mecklenburg Government Center (CMGC) opened in 1988. § The exterior sealant (caulking) is original to the building and typically has a 20-year life span. At this time, the caulk has deteriorated and needs to be replaced. - The caulking, along with the windows and the stone, reduce the water and air into the building. - The joint between the plaza and the building facade must also be replaced to reduce the leaks into the basement and loading dock. § The work in this contract will include: - Removing over 19 miles of caulk between the stone wall panels, windows, etc. - Replacing with new silicone caulk, - Fabricating and installing new stone wall panels to replace existing damaged panels, - Repairing minor cracks to existing stone wall panels, - Replacing damaged exterior glass with new matching glass, and - Repairing the joint between the building facade, plaza, and the 3rd Street steps. § After the caulk is removed, the contractor must grind the stone to create a clean surface to bond the new material. § There will be noise associated with this work; staff will be notified when work is scheduled in their area. § In accordance with the City and Mecklenburg County CMGC Agreement, Mecklenburg County will reimburse the City 19% of this cost based on building occupancy. § On June 3, 2016, Engineering & Property Management issued an Invitation to Bid; seven bids were received. § Western Waterproofing of America was selected as the lowest responsive, responsible bidder. § The project is anticipated to be complete by fourth quarter 2017. Charlotte Business INClusion Western Waterproofing of America has elected to self-perform 100% of the work on this contract by submitting a Self-Performance Affidavit with their Bid. The Self- Performance Affidavit mandates that the Bidder shall perform all labor with its own workforce, subcontracting for any labor is not permissible (Part B: Section 2.2 of the Charlotte Business INClusion Policy). Fiscal Note Funding: General Facilities Community Investment Plan City of Charlotte Page 28 Printed on 7/20/2016 City Council Business Meeting Meeting Agenda July 25, 2016 26. LED Traffic Signs Action: A. Award a unit price contract to the lowest responsive bidder, Rosenblatt and Associates, for the purchase of LED traffic signs and related equipment for the term of three years, and B. Authorize the City Manager to renew the contract for up to two, one-year terms with possible price adjustments and to amend the contract consistent with the City’s business needs and the purpose for which the contract was approved. Staff Resource(s): Charles Abel, Transportation Explanation § These Light Emitting Diode (LED) signs are permanently installed electronic traffic control signs, which can be turned on and off based on the need to provide instruction to drivers (e.g. no left turn while train crosses). § On January 12, 2016, Management & Financial Services issued an Invitation to Bid (ITB); five sample signs were received from interested service providers on April 12, 2016. - Samples were tested and evaluated based on daytime and nighttime performance in the field, internal and external inspections, ease of installation, weight, and overall appearance of signs when illuminated. § The City selected Rosenblatt and Associates as best meeting the City’s needs based on the evaluation criteria and ITB specifications. § The company will be paid the unit prices set forth in the contract, a copy of which is available upon request. § Staff anticipates renewing the contract for up to two additional, one-year terms at prices to be negotiated based on market conditions. § Estimated annual expenditures are $200,000. Charlotte Business INClusion No subcontracting goal is established because there are no subcontracting opportunities (Part B: Section 2.3 of the Charlotte Business INClusion Policy). Fiscal Note Funding: Transportation Community Investment Plan Attachment Photo of LED Traffic Signal Photo - LED Traffic Sign City of Charlotte Page 29 Printed on 7/20/2016 City Council Business Meeting Meeting Agenda July 25, 2016 27. Traffic Data Collection Equipment and Processing Services Action: A. Approve a contract for up to $750,000 with Miovision Technologies, Inc. for traffic data collection equipment and processing services for the City and the Charlotte Regional Transportation Planning Organization for a five-year term, B. Approve a contract for up to $500,000 with Quality Counts, LLC for traffic data collection and processing services within the Charlotte Regional Transportation Planning Organization Region for a five-year term, and C. Authorize the City Manager to amend the contract consistent with the City’s business needs and the purpose for which the contract was approved. Staff Resource(s): Felix Obregon, Transportation Candice Leonard, Charlotte Regional Transportation Planning Organization Explanation § The City is combining efforts with the Charlotte Regional Transportation Planning Organization (CRTPO) to collect, analyze, review, and process traffic data to calibrate the Regional Travel Demand Model. § The City is the lead planning agency for the CRTPO, providing complex, multi-dimensional activities covering a range of transportation planning and engineering needs. § The City gathers intersection count data (vehicle, vehicle classification, pedestrian, and bicyclist) using Charlotte Department of Transportation (CDOT) video cameras. - CDOT uses this data, as part of its operational process, to ensure efficient traffic movement along the roadways. - CRTPO gathers similar data throughout the region to satisfy federal and state planning requirements. § Two contracts are being awarded to cover similar services both within the city limits and throughout the region to save money. § In accordance with the City’s CRTPO membership cost share matrix, some of the expenses, services, and data collected will be shared between the entities. § Each contract is for a five-year term. § On May 31, 2016, the City issued a Request for Proposal (RFP) for Traffic Data Program. In response to the RFP, the City received five proposals from interested service providers. § The Project Team, consisting of staff from CDOT, CRTPO, and Town of Mooresville evaluated the proposals and determined that Miovision Technologies, Inc. and Quality Counts, LLC best meets the City’s needs in terms of qualifications, experience, cost, data accuracy, and responsiveness to RFP requirements. Action A § The contract with Miovision will provide counts at intersections (turning movement counts) by processing CDOT’s video recordings. The data is needed for a variety of municipal and regional functions, including: - Re-timing traffic signals to achieve greater efficiency, - Data input for the analysis and design of Community Investment Plan projects, and - Validating the Metrolina Regional Travel Demand Model used by both the City and CRTPO. Action B § The contract with Quality Counts, LLC will provide traffic count data collection outside the city limits within the CRTPO region. § The data (vehicle, vehicle classification, pedestrian, and bicyclist) is used for CRTPO planning City of Charlotte Page 30 Printed on 7/20/2016 City Council Business Meeting Meeting Agenda July 25, 2016 purposes and for validating the CRTPO Metrolina Regional Travel Demand Model. Small Professional Services Firm (SPSF) Opportunity No subcontracting goal was established for this contract because there are no opportunities. Fiscal Note Funding: CRTPO Grant Funds and CDOT Operating Budget 28. Johnston Oehler Road Farm-to-Market Change Order Action: Approve change order # 1 for $213,890.46 to Ferebee Corporation for Johnston-Oehler Road Farm-to-Market project. Staff Resource(s): Bryan Tarlton, Engineering & Property Management Explanation § The Johnston Oehler Road Farm-to-Market project includes: - Two-lane roadway with median/turn lane, - Bicycle lanes, - Sidewalk, - Curb and gutter, - Storm drainage, - Planting strips, - Islands, - Roundabouts, - Retaining walls, and - Street lighting. § On June 23, 2014, the City Council awarded the original contract in the amount of $7,684,005.73 to Ferebee Corporation. § Change order #1 in the amount of $213,890.46 will provide funds to accommodate the following overruns in contract items: - Substantial increases in the amount of excavation to correct unsuitable sub-grades. - There was an unanticipated amount of roadway base repair needed. These repairs were made to ensure future work will have a solid structure to support it. § The total value of the contract including this change order is $7,897,896.19. Funding is within the project’s budget. § The project will be completed by fourth quarter 2016. Charlotte Business INClusion All additional work involved in this change order will be performed by Ferebee Corporation and their existing subcontractors (Part D: Section 6 of the Charlotte Business INClusion Policy). Fiscal Note Funding: Transportation Community Investment Plan Attachment Map Location Map -Johnston-Oehler FTM Rd Improvements City of Charlotte Page 31 Printed on 7/20/2016 City Council Business Meeting Meeting Agenda July 25, 2016 29. Resurfacing Contract Action: A. Award a unit price contract to the lowest responsive bidder, Blythe Brothers Asphalts Co., LLC, for the Resurfacing Fiscal Year 2016-A project, and B. Authorize the City Manager to approve up to two renewals and to amend the contract consistent with the City’s business needs and the purpose for which the contracts were approved. C. ..Bod Staff Resource(s): Charles Jones, Transportation Bryan Tarlton, Engineering & Property Management Explanation § The 2016 resurfacing contract will pave an estimated 87.94 lane miles throughout the city. § The total mileage to be paved is dependent on asphalt price stability throughout the contract. Asphalt prices are updated monthly by the State of North Carolina. The cost per ton of liquid asphalt is based on the price of oil. Lower asphalt prices result in savings and the ability to complete additional resurfacing mileage while higher prices result in less resurfacing mileage completed. § The contract work includes: - Traffic control, - Asphalt and concrete pavement milling, - Base failure repair, - Asphalt surface treatment, - Utility adjustments, - Manhole frame and cover replacements, - Wheelchair ramp construction and repair, - Sidewalk repair and maintenance, - Asphalt paving, and - Pavement marking. § On April 29, 2016, the City issued an Invitation to Bid for Resurfacing FY2016-A; four bids were received from interested service providers. § Blythe Brothers Asphalt Co., LLC was selected as the lowest responsive, responsible bidder. § Street resurfacing for 2016 is scheduled to be completed by mid-October, 2016, depending on weather conditions. § The contract amount will not exceed $4,930,731.55. Background § Resurfacing is the most effective treatment to preserve and maintain the condition of streets within the City of Charlotte. § Timely resurfacing of streets improves ride quality, reduces the occurrence of potholes, and reduces the need for more costly repairs in the future. § Streets are selected for repaving based on a pavement condition rating and recommendations from a pavement analysis system, which uses formulas based on the budget, pavement life expectancy, and overall pavement condition impacts. § Staff also evaluates streets for distresses and other conditions that may benefit from resurfacing as well as review documented resident and business concerns. § Coordination with other City projects occurs to provide economies of scale on cost for project-level resurfacing. § Notice of resurfacing is provided to motorists, property owners and residents by the contractor through the use of highly visible signs placed on the street at least two weeks prior to the start of any construction activities. City of Charlotte Page 32 Printed on 7/20/2016 City Council Business Meeting Meeting Agenda July 25, 2016 Charlotte Business INClusion Established SBE Goal: 18.00% Committed SBE Goal: 18.00% Blythe Brothers Asphalt Co., L.L.C. met the established SBE subcontracting goal, and has committed 18.00% ($888,000) of the total contract amount to the following certified SBE firms (Part B: Section 3 of the Charlotte Business INClusion Policy): · Dot Construction, Inc. (SBE) ($444,000) (concrete) · Express Logistics Services, Inc. (SBE, MBE) ($444,000) (hauling) Established MBE Goal: 9.00% Committed MBE Goal: 9.00% Blythe Brothers Asphalt Co., L.L.C. met the established subcontracting goal, and has committed 9.00% ($444,000) of the total contract amount to the following certified MBE firms (Part B: Section 3 of the Charlotte Business INClusion Policy): · Express Logistics Services, Inc. (SBE, MBE) ($444,000) (hauling) Fiscal Note Funding: Powell Bill and Charlotte Water Community Investment Plan Attachment List of Streets 2016 Resurfacing RCA_7-25-16 City of Charlotte Page 33 Printed on 7/20/2016 City Council Business Meeting Meeting Agenda July 25, 2016 30. Sidewalk Planning and Design Services Action: A. Approve contracts for sidewalk planning and design services with the following firms: - CALYX Engineers and Consultants, Inc. - $350,000, - DRMP, Inc. - $200,000, - HNTB North Carolina, P.C., - $350,000, and - SEPI Engineering & Construction, Inc. - $200,000, and B. Authorize the City Manager to approve one renewal for each contract and to amend the contract consistent with the City’s business needs and the purpose for which the contracts were approved. Staff Resource(s): Bette Frederick, Engineering & Property Management Explanation § As part of the City’s Community Investment Plan, $7.5 million is allocated on a yearly basis to build sidewalks in Charlotte. § Sidewalks are prioritized and constructed based on the City Council’s Sidewalk Retrofit Policy, which was adopted in 2011. The criteria includes: proximity to schools, parks, greenways, evidence of pedestrian activity, access to transit, and traffic volume. § These planning and design contracts allow for projects that have been highly ranked to move forward with planning and design. § Planning and design services will include but are not limited to: - Public involvement, - Alternative analysis, - Permitting, - Right-of-way plans, - Traffic control plans, - Structure design, - Erosion control plans, - Cost estimates, and - Final design plans for construction. § On March 4, 2016, the City issued a Request for Qualifications (RFQ) for Sidewalk Planning and Design Services. In response to the RFQ, the City received 16 proposals from qualified, interested service providers. § The Project Team, consisting of staff from the Charlotte Department of Transportation and Engineering & Property Management evaluated the proposals and determined that these four firms are the best qualified firms to meet the City’s needs in terms of competence and professional services qualifications. § Estimated contract expenditures for all contracts are $2,200,000 including renewals. Charlotte Business INClusion The City negotiates subcontracting participation after the proposal selection process (Part C: Section 2.1 (h) of the Charlotte Business INClusion Policy). Each of the Prime firms listed has identified MWSBEs on its project team to participate as project scopes are defined, and committed 10% of the total contract amount to the following certified firms: CALYX Engineers and Consultants · CMW Design Strategies (SBE) (landscape architecture) · Carolina Wetland Services (SBE, WBE) (environmental) · Hinde Engineering (SBE) (utility coordination) City of Charlotte Page 34 Printed on 7/20/2016 City Council Business Meeting Meeting Agenda July 25, 2016 · Joel E. Wood & Associates (SBE) (geotechnical) · Avioimage Mapping Services (SBE) (aerial photography) · Brand Equity Marketing (SBE) (community engagement) DRMP, Inc. · CMW Design Strategies (SBE) (landscape architecture) · Carolina Wetland Services (SBE, WBE) (environmental) · Hinde Engineering (SBE) (utility coordination) · Joel E. Wood & Associates (SBE) (geotechnical) · Richa Graphics (SBE, MBE) (copying services) HNTB Corporation · Barry D. Davis Surveying, LLC (SBE) (surveying) · Carolina Wetland Services (SBE, WBE) (environmental) · Hinde Engineering (SBE) (utility coordination) SEPI Engineering & Construction · LDSI, Inc. (SBE) (surveying) · Schumacher Urban Projects, PLLC (SBE) (urban planning) · Hinde Engineering (SBE) (utility coordination) Fiscal Note Funding: Transportation Community Investment Plan City of Charlotte Page 35 Printed on 7/20/2016 City Council Business Meeting Meeting Agenda July 25, 2016 31. Specialized Roadway Construction Services Action: A. Award a unit price contract in an amount not-to-exceed $499,950 to the lowest responsive bidder B&N Grading, Inc. for Specialized Roadway Construction Services (Fiscal Year 2017), and B. Authorize the City Manager to approve up to two renewals and to amend the contract consistent with the City’s business needs and the purpose for which the contracts were approved. Staff Resource(s): Bryan Tarlton, Engineering & Property Management Explanation § The purpose of this contract is to provide specialized roadway construction services on an as-needed basis for roadway needs that may require additional resources from a contractor. § The work could include: - Traffic control, - Erosion control, - Clearing and grading, - Asphalt paving, - Pavement markings, - Concrete curb, - Sidewalk, - Driveways, - Wheelchair ramps, and - Utility adjustments. § The contract amount is based on the unit prices competitively bid for items typically used during construction for the services listed above. § On May 25, 2016, the City issued an Invitation to Bid; three bids were received from interested service providers. § B&N Grading, Inc. was selected as the lowest responsive, responsible bidder. § The contract is ongoing and will be funded through various projects budgets. § The City Council will be asked to approve additional specialized roadway construction services contracts at future Business Meetings. Charlotte Business INClusion Established SBE Goal: 12.00% Committed SBE Goal: 18.00% B&N Grading, Inc. exceeded the established subcontracting goal, and has committed 18.00% ($90,000) of the total contract amount to the following certified firms (Part D: Section 3 of the Charlotte Business INClusion Policy): · Jones Grading & Fencing, Inc. (SBE, MBE) ($70,000) (grading, hauling) · R.R.C. Concrete Inc. (SBE) ($20,000) (concrete) Established MBE Goal: 6.00% Committed MBE Goal: 14.00% B&N Grading, Inc. exceeded the established subcontracting goal, and has committed 14.00% ($70,000) of the total contract amount to the following certified firms (Part D: Section 3 of the Charlotte Business INClusion Policy): · Jones Grading & Fencing, Inc. (SBE, MBE) ($70,000) (grading, hauling) B&N Grading, Inc. is a certified SBE. City of Charlotte Page 36 Printed on 7/20/2016 City Council Business Meeting Meeting Agenda July 25, 2016 Fiscal Note Funding: Transportation Community Investment Plan City of Charlotte Page 37 Printed on 7/20/2016 City Council Business Meeting Meeting Agenda July 25, 2016 32. DeArmon Road Improvements Engineering Services Action: Approve a contract in the amount of $361,500 with Woolpert North Carolina, PLLC to provide engineering planning services for the DeArmon Road Improvements project. Staff Resource(s): Kristie Kennedy, Engineering & Property Management Explanation § The project was identified in the Prosperity Village Comprehensive Neighborhood Improvement Project (CNIP) with the goal to improve traffic flow and enhance mobility and safety for vehicles, pedestrians, and bicyclists. § The project limits are along DeArmon Road from Browne Road to Benfield Road. § Improvements may include: - Widening DeArmon Road, - Bicycle lanes, - Curb and gutter, - Sidewalk, and - Adding a pedestrian crossing under DeArmon Road, for a future extension of Clark’s Creek greenway. § On March 18, 2014, the City issued a Request for Qualifications (RFQ) for Advance Planning for five CNIP areas. In response to the RFQ, the City received six proposals from interested professional service providers. § The Project Team, consisting of City staff from Transportation, Engineering & Property Management, Planning, and Neighborhood & Business Services evaluated the proposals and determined that Woolpert North Carolina, PLLC was the best qualified firm to meet the City’s needs in terms of competence and professional services qualifications. § On April 28, 2014, City Council approved a contract in the amount of $179,000 with Woolpert North Carolina, PLLC for pre-planning services for the Prosperity Village CNIP. - Pre-planning services included extensive community engagement to identify and prioritize projects for the area including the DeArmon Road Improvements. - As part of the contract, the City included an option to continue services with the selected consultant as an incentive for good performance. § Planning phase services for this contract will include, but are not limited to: - Public meetings and outreach, - Coordination between City, North Carolina Department of Transportation, and County staff, - Conceptual plans, and - Field surveys and mapping. § The contract will provide planning phase services, which includes public participation to identify alternates and study impacts of the planned improvements. - The deliverable for this contract will be a final concept plan of improvements to take forward to design and construction. - Completion of the planning work is anticipated during the first quarter of 2018. § Upon completion of the planning phase, a separate contract for design phase services will be presented to the City Council for approval. As an incentive for good performance during the planning phase services, Woolpert North Carolina, PLLC could be offered this contract for design phase services. Background § In November 2014, voters approved a Transportation Bond Referendum for $20 million to begin work on five CNIP areas. § After bond approval and also in November 2014, Woolpert North Carolina, PLLC was given Notice to Proceed on a contract for pre-planning and public involvement in the Prosperity Village Area to City of Charlotte Page 38 Printed on 7/20/2016 City Council Business Meeting Meeting Agenda July 25, 2016 select improvements to fit within the allocated $20 million CNIP budget. § Based on the results of the pre-planning work, four projects in the Prosperity Village area have currently been selected for detailed planning. - Woolpert North Carolina, PLLC will be performing planning phase services on the Craven Thomas Road/Robert Helms Road Streetscape Improvements project and the DeArmon Road Improvements project. - Engineering & Property Management In-house design staff will perform planning and design phase services on Jimmy Oehler Road Sidewalk and Prosperity Church Road Pedestrian Crossings. - Additional projects may be identified as a result of future development in the area. Charlotte Business INClusion The City negotiates subcontracting participation after the proposal selection process (Part C: Section 2.1 (h) of the Charlotte Business INClusion Policy). Woolpert North Carolina, PLLC has committed 17.16% ($62,039) of the total contract amount to the following certified firms: · Hinde Engineering (SBE) ($30,620) (utility coordination) · Schumacher Urban Projects (SBE) ($11,285) (community outreach) · Boyle Consulting Engineering (SBE) ($10,768) (geotechnical) · Sweetwater Utility Exploration (SBE) ($5,060) (utility location) · Carolina Wetland Services (SBE, WBE) ($4,306) (environmental & ecological) Fiscal Note Funding: General Community Investment Plan Attachment Map Location Map -DeArmon Road Complete Street Improvements City of Charlotte Page 39 Printed on 7/20/2016 City Council Business Meeting Meeting Agenda July 25, 2016 33. Grounds Maintenance and Property Security Services Action: Approve contracts for grounds maintenance and property securing services with the following firms: - Carolina Commercial Landscaping, LLC, $332,640, - Carolina Property Preservation Specialist, $248,990, - Roundtree Companies, LLC, $120,000, and - Sho-Off Lawn Care, $240,516. Staff Resource(s): Tony Korolos, Engineering & Property Management Explanation § Approximately 200 City-owned properties require grounds and property security maintenance for compliance with City Ordinances. § Services include: - Installing fences, gates and barring access points, - Boarding windows and doors, - Changing locks, padlocking, - Removal of trash and dumping, and - Mowing and vegetation control. § On March 31, 2016, a Request for Proposals was advertised; seven proposals were received. § E&PM staff evaluated the proposals and determined that these firms in the action above best meet the City’s needs in terms of experience and qualifications, in addition to providing the most competitive prices. § Properties will be assigned to firms on a work-order basis using contract unit prices. § Funds are available from various departments and divisions including: - Charlotte Department of Transportation, - Charlotte Water, - Engineering & Property Management (Storm Water, Real Estate, and Community Investment projects), - Neighborhood & Business Services (Housing and Economic Development Divisions), - Charlotte Fire Department, and - Charlotte-Mecklenburg Police Department. § Estimated contract expenditures for all contracts are $942,146 in the aggregate for fiscal years 2017-2020. Charlotte Business INClusion No SBE goals were set for these service contracts because there are no subcontracting opportunities (Part C: Section 2.1(a) of the Charlotte Business INClusion Policy). However, all four firms are City certified SBEs. Fiscal Note Various Departments’ Operating Budgets City of Charlotte Page 40 Printed on 7/20/2016 City Council Business Meeting Meeting Agenda July 25, 2016 34. Airport Baggage Screening System Contract Amendments Action: A. Approve contract amendment #2 in the amount of $500,000 with Siemens Postal, Parcel & Airport Logistics, LLC for supplemental time and material actions required to complete the In-Line Baggage Screening System, and B. Approve a contract amendment #2 in the amount of $248,500 with BNP Associates Inc. for additional construction administration. Staff Resource(s): Jack Christine, Aviation Explanation § On May 24, 2010, the City Council approved a grant from the Transportation Security Administration (TSA) to fund 90% of the cost of an automated baggage screening system. The new Checked Baggage In-Line System adds 12,000 feet of new conveyor and 11 new screening machines. § On June 25, 2012, City Council approved a contract with Pteris Global (USA) in the amount of $25,384,571 for construction of the baggage screening system. § The project commenced in January 2013, with major portions of the system in operation by spring 2016. § A few project elements, including replacement of defective equipment and safety components, remain incomplete. § Additional construction administration services are required for the additional time needed to complete this project. Action A § On June 23, 2014, City Council approved a contract with Siemens Postal, Parcel & Airport Logistic, LLC (Siemens) to provide operating and maintenance services for the Checked Baggage In-Line System. § On March 14, 2016, the City Council approved contract amendment #1 in the estimated amount of $255,034.40 with Siemens for additional staffing needs for the Checked Baggage In-Line System. § In order to meet TSA grant funding deadlines, Siemens is being requested to supplement the efforts of Pteris Global Inc. in completion of the project. § The new total value of the Siemens contract including contract amendments is estimated at $4,096,240.40. § Funds expended on a time and material basis by Siemens will be deducted from the current contract value of Pteris Global upon completion of the project. § In the coming months, Aviation intends to bring a future action to City Council for a contract with Siemens for ongoing software maintenance of the Checked Baggage In-Line System. Action B § On June 25, 2012, City Council approved a contract with BNP Associates, Inc. in the amount of $1,737,500 for construction administration services. § On November 9, 2015, City Council approved contract amendment #1 for BNP Associates Inc. in the amount of $291,975 for additional construction administration for the extended project period approved by the TSA to meet the latest version of TSA Project Guidelines Design Standards. § Contract Amendment #2 in the amount of $248,500 will provide construction administration services for the additional time needed to complete this project. § The new total value of the BNP Associates contract is $2,277,975. City of Charlotte Page 41 Printed on 7/20/2016 City Council Business Meeting Meeting Agenda July 25, 2016 Disadvantaged Business Enterprise Actions A and B: No subcontracting goal was established for this amendment because there are no subcontracting opportunities. Fiscal Note Funding: Aviation Community Investment Plan .Attachments 35. Airport Long Term Parking Lot Improvements Change Order Action: Approve change order #1 for $952,000 to Blythe Development Company for Long Term Parking Lot Improvements. Staff Resource(s): Jack Christine, Aviation Explanation § Airport parking demand has grown with increased passenger traffic, necessitating the expansion of the Airport’s parking lots. § On April 28, 2014, the City Council approved a contract in the amount of $4,903,370.85 for long term parking lot improvements in Long Term 1 and Long Term 2 parking lots. § Excess fill material is being generated by the Concourse A Ramp Expansion Project currently under construction. § Change order #1 in the amount of $952,000 provides an opportunity for the Airport to accelerate the project by using the excess fill material to complete grading of the Long Term 2 Parking lot expansion. As a result, Aviation anticipates a savings of approximately $500,000 in materials hauling and placement. § The project will add approximately 1,700 paved spaces. § The new value of the contract is $5,855,370.85 and is within the project budget. Charlotte Business INClusion Blythe Development Co. has committed 3.10% ($29,488) of the total contract amendment amount to the following certified firms: · P&TL (SBE) ($26,255) (erosion control) · Express Logistics Services (SBE, MBE) ($3,233) (hauling) Fiscal Note Funding: Aviation Community Investment Plan City of Charlotte Page 42 Printed on 7/20/2016 City Council Business Meeting Meeting Agenda July 25, 2016 36. Airport Long Term 4 Parking Lot Improvements Action: A. Award a contract in the amount of $2,057,625.62 to the lowest responsive bidder Showalter Construction Co. for Long Term 4 Parking Lot Improvements, B. Approve a contract in the amount of $32,205 with Froehling & Robertson, Inc. for quality assurance testing, and C. Adopt a budget ordinance appropriating $2,089,830.62 from the Aviation Discretionary Fund to the Aviation Community Investment Plan Fund. Staff Resource(s): Jack Christine, Aviation Explanation § The Airport Long Term 4 Parking Lot Improvements project will improve bus, pedestrian, and vehicular movement and safety. Action A § The project scope includes: - Removal and replacement of damaged heavy duty travel lanes, - Patching of utility trenches throughout the parking lot, - Installing asphalt paving in a portion of the parking lot currently covered in temporary gravel, - Replacing an existing temporary gravel turnaround with a permanent asphalt, - Adding a concrete roundabout on Old Dowd Road, and - Providing infrastructure for future camera and emergency phone systems. § On May 23, 2016, the Aviation issued an Invitation to Bid for construction services; the bid opening was held on June 23, 2016; and three bids were submitted by interested service providers. § Showalter Construction Co. was selected as the lowest responsive responsible bidder. Action B § The contract will provide quality assurance through the testing of subgrade, asphalt, and various concrete materials placed on the project. § On February 3, 2014, the City issued a Request for Qualifications to use construction and materials testing firms for various Airport projects; 11 firms submitted proposals. § Aviation evaluated the proposals and selected seven firms, including Froehling & Robertson, Inc. § Aviation selected Froehling & Robertson, Inc. for this project based on its experience with similar parking lot projects. Charlotte Business INClusion Action A: Established SBE Goal: 13.00% Committed SBE Goal: 13.27% Showalter Construction Co. exceeded the established subcontracting goal, and has committed 13.27% ($273,000) of the total contract amount to the following certified firms (Part B: Section 3 of the Charlotte Business INClusion Policy): · Tarpon Construction (SBE) ($168,00) (milling and paving) · BKP Trucking (SBE, MBE) ($100,000) (hauling) · Spot’em Inc (SBE,MBE) ($5,000) (utility locating) Established MBE Goal: 7.00% City of Charlotte Page 43 Printed on 7/20/2016 City Council Business Meeting Meeting Agenda July 25, 2016 Committed MBE Goal: 11.86% Showalter Construction Co. exceeded the established subcontracting goal, and has committed 11.86% ($244,000) of the total contract amount to the following certified firms (Part B: Section 3 of the Charlotte Business INClusion Policy): · Besco Electric (MBE) ($139,000) (electrical) · BKP Trucking (MBE, SBE) ($100,000) (hauling) · Spot’em Inc (MBE, SBE) ($5,000) (utility locating) Action B: No subcontracting goal was established because there are no subcontracting opportunities (Part C: Section 2.1(a) of the Charlotte Business INClusion Policy). Fiscal Note Funding: Aviation Community Investment Plan Attachment Budget Ordinance Airport ORD072516- Airport Long Term 4 Parking Lot Improvements City of Charlotte Page 44 Printed on 7/20/2016 City Council Business Meeting Meeting Agenda July 25, 2016 37. Airport New Entrance Road Landscape Action: A. Approve a three-year contract with Carolina Wetland Services for installation and maintenance services of the Airport’s new main entrance road landscape, B. Authorize the City Manager to amend the contract consistent with the City’s business needs and the purpose for which the contract was approved, and C. Adopt a budget ordinance appropriating $648,568.49 from the Aviation Discretionary Fund to the Aviation Community Investment Plan Fund. Staff Resource(s): Jack Christine, Aviation Explanation § The contract with Carolina Wetland Services will provide landscaping along the Airport’s new main entrance road. § On June 9, 2016, the City issued a Request for Proposal (RFP) for Main Roadways New Landscape Services. In response to the RFP, the City received two proposals from interested service providers. § Aviation staff evaluated the proposals and determined that Carolina Wetland Services best meets the City’s needs in terms of qualifications, experience, cost, and responsiveness to RFP requirements. § The budget ordinance will appropriate $648,568.49 in funds to cover capital needs; the remaining costs are considered operations and maintenance and will be covered from Aviation’s Operating Budget. § The estimated total value of this contract is $1,060,000. Charlotte Business INClusion No subcontracting goal was established because there are no subcontracting opportunities (Part C: Section 2.1 (a) of the Charlotte Business INClusion Policy). Carolina Wetland Services, Inc. is a certified WSBE. Fiscal Note Funding: Aviation Community Investment Plan Fund and Aviation Operating Budget Attachment Budget Ordinance Airport ORD072516- Airport New Entrance Road Landscape City of Charlotte Page 45 Printed on 7/20/2016 City Council Business Meeting Meeting Agenda July 25, 2016 38. Airport Terminal Ramp Improvements Action: Award a contract in the amount of $1,781,875.00 to the lowest responsive bidder Hi Way Paving, Inc. for the airport terminal ramp repairs project. Staff Resource(s): Jack Christine, Aviation Explanation § The contract with Hi Way Paving is for the replacement of selected concrete slabs on the Terminal ramp, as part of the Airport’s on-going maintenance program. § These slabs have deteriorated and must be replaced in order to maintain a safe operating environment for taxiing aircraft. § On March 3, 2016, Aviation issued an Invitation to Bid for airport terminal ramp improvements; one bid was received from an interested service provider. - In accordance to North Carolina General Statute 143-132, if three bids are not received from reputable and qualified contractors, then the project must be re-advertised. During the re-advertisement, the contract may be awarded to the lowest responsible bidder even if only one bid is received from an interested service provider. - On May 12, 2016, Aviation re-advertised an Invitation to Bid; one bid was received from an interested service provider. § Hi Way Paving, Inc. was selected as the lowest responsive, responsible bidder. Disadvantaged Business Enterprise Established DBE Goal: 3.00% Committed DBE Goal: 3.03% Hi-Way Paving exceeded the established subcontracting goal and has committed 3.03% ($54,000) of the bid amount to the following certified firm: · DM Conlon Inc. dba Dan-Kel Concrete Cutting (DBE) ($54,000) (concrete cutting, full depth sawing) Fiscal Note Funding: Aviation Community Investment Plan Fund The Aviation Department will seek reimbursement for this project from the Passenger Facility Charge Fund upon Federal Aviation Administration approval. City of Charlotte Page 46 Printed on 7/20/2016 City Council Business Meeting Meeting Agenda July 25, 2016 39. American Airlines Line Maintenance Hangar Renovations Design Services Action: Approve a contract in the amount of $229,256 to Michael Baker International dba Baker LPA Architects, PC for architectural and civil design services to renovate an existing maintenance hangar. Staff Resource(s): Jack Christine, Aviation Explanation § In 1999, the Aviation Department constructed an aircraft maintenance hangar using Special Facility Revenue Bonds. The hangar is currently leased to American Airlines for line maintenance activities. Line maintenance is the routine daily maintenance of aircraft. § At this time, American Airlines has requested additional space due to the staffing increase at its maintenance hangar. § On February 3, 2014, the Aviation Department issued a Request for Qualifications for architectural and engineering design services; 29 proposals were received from interested service providers and 22 firms were selected for future architectural and engineering design. § The Aviation Department selected Baker LPA Architects, PC for this project based on the vendor’s previous experience with hangar design and rapid delivery of the remote rental car site package, both important considerations for this project. § The Airport has an agreement with American Airlines to be reimbursed for all fees incurred for the design services for this project. Charlotte Business INClusion The City negotiates subcontracting participation after the proposal selection process (Part C: Section 2.1 (h) of the Charlotte Business INClusion Policy). Michael Baker International dba Baker LPA Architects has committed 12.23% ($28,040) of the total contract amount to the following certified firms: · On-Spec Engineering, PC (SBE) ($19,440) (geotechnical investigation) · Sikes Design (SBE) ($5,000)(landscape architecture) · CES Group Engineers, LLP (SBE, WBE) ($3,600) (field topographical surveys) Fiscal Note Funding: Aviation Community Investment Plan Fund City of Charlotte Page 47 Printed on 7/20/2016 City Council Business Meeting Meeting Agenda July 25, 2016 40. Delta Airlines, Inc. Ground Service Equipment Facility Lease Action: A. Approve a five-year lease with Delta Airlines, Inc. for service equipment storage and office space, and B. Authorize the City Manager to execute one additional, five-year renewal option. Staff Resource(s): Brent Cagle, Aviation Explanation § In the last three years, Delta Airlines, Inc. has experienced a 22% increase in passengers and related flights. § The increased passenger and flight activity has generated the need for additional operational support, including permanent space to house and maintain Delta’s Ground Service Equipment. § The lease will include 2,148 square feet for office space and 6,305 square feet for warehouse space. § The lease rate is $45,126.90 annually for the initial five-year term. § For the additional renewal option, rent will be adjusted based on the Consumer Price Index. Fiscal Note Funding: Revenue received from this lease will be deposited into the Aviation Operating Fund. City of Charlotte Page 48 Printed on 7/20/2016 City Council Business Meeting Meeting Agenda July 25, 2016 41. CATS Shuttle Bus Service Agreement Action: A. Adopt a resolution approving the Interlocal Shuttle Bus Service Agreement with Mecklenburg County to operate weekend and holiday service throughout the summer to the public swimming beach at Ramsey Creek Park, and B. Authorize the City Manager to renew the agreement for up to two additional one-year terms and to amend the agreement consistent with the City’s business needs and the purposes for which the agreement was approved. Staff Resource(s): Larry Kopf, CATS Explanation § On May 28, 2016, Mecklenburg County Parks and Recreation opened its first public swimming beach since the 1970s. The swimming beach is located in Ramsey Creek Park in Cornelius. § The beach quickly became very popular. An estimated 8,000 people came to enjoy the beach on the first Saturday that it was open. § To mitigate neighborhood traffic issues, Mecklenburg County approached CATS to provide a fare-free shuttle service. Mecklenburg County agreed to fund 100% of the operating costs. § On June 21, 2016, the Board of County Commissioners adopted a resolution to approve entering into the agreement with CATS. § City Council was informed of the Ramsey Creek Park Shuttle Service in the Council-Manager Memo on June 17, 2016. § CATS initiated a pilot program for the swim park shuttle that has been in operation since June 17, 2016. The results have been excellent through the first three weekends with ridership averaging over 500 riders per day. § CATS seeks to enter into an interlocal agreement with Mecklenburg County to provide the shuttle service for the remainder of the season this year. The interlocal agreement also includes up to two annual renewals for service. § The shuttle will continue to operate every 15 minutes (between 9:00 a.m. and 8:00 p.m.) on weekends and holidays up to and including Labor Day, which will be the last day that the shuttle service will run each year. § Buses will pick-up riders from the CATS Northcross Park and Ride in Huntersville and drop-off near the swimming beach in Ramsey Creek Park. § The seasonal operating cost for service is $46,598. Charlotte Business INClusion This is an interlocal agreement and is exempt (part A: Appendix 1.27 of the Charlotte Business INClusion policy) Fiscal Note Funding: Direct payment from Mecklenburg County to the CATS Operating budget Attachment Resolution Resolution-County beach shuttle City of Charlotte Page 49 Printed on 7/20/2016 City Council Business Meeting Meeting Agenda July 25, 2016 42. CATS Bus Maintenance Supplies Action: A. Award a unit price contract to the lowest responsive bidder Northeast Lubricants, Ltd. for the purchase of bus maintenance greases, oil and lubricants for a term of one year, and B. Authorize the City Manager to renew the contract for up to two, one-year terms with possible price adjustments and to amend the contract consistent with the City’s business needs and the purpose for which the contract was approved. Staff Resource(s): Larry Kopf, CATS Edward Pullan, CATS Explanation § This contract with Northeast Lubricants, Ltd. will provide a variety of greases, oils and lubricants for the on-going maintenance of CATS bus fleet and Special Transportation Services vehicles. § On June 9, 2016, CATS issued an Invitation to Bid; six bids were received from interested providers. § Northeast Lubricants Ltd. was selected as the lowest responsive, responsible bidder. The company will be paid the unit prices set forth in the contract, a copy of which is available upon request. § Staff anticipates renewing the contract for up to two additional, one-year terms at prices to be negotiated based on market conditions. § The annual expenditures are estimated to be $430,000. Charlotte Business INClusion No subcontracting goal was established because there are no subcontracting opportunities (Part B: Section 2.3 of the Charlotte Business INClusion Policy). Fiscal Note Funding: CATS Operating Budget City of Charlotte Page 50 Printed on 7/20/2016 City Council Business Meeting Meeting Agenda July 25, 2016 43. CATS Advertising Revenue Program Action: A. Approve a revenue contract with a three-year minimum revenue guarantee of $4,495,000 plus a percentage share of revenue for advertising services with Direct Media, Inc., and B. Authorize the City Manager to renew the contract for up to two, one-year terms with possible revenue increases and to amend the contract consistent with the City’s business needs and the purpose for which the contract was approved. Staff Resource(s): Olaf Kinard, CATS Edward Pullan, CATS Explanation § Since 2011 CATS has engaged a contractor to broker, print, install, and remove advertisements on CATS assets to generate auxiliary revenue. § Over the past five years, CATS has received $5,619,378 from this program - this is more than 10% above the guaranteed minimum for that contract. § These revenues have helped to defray operating costs and lessen the amount of fare increases. Selection Process § On March 14, 2016, the City issued a Request for Proposal (RFP) for the Advertising Revenue Program; five proposals were received from interested service providers. § CATS staff reviewed and evaluated the proposals based on established criteria outlined in the RFP. The three highest rated firms were invited to present and answer questions from the selection committee. § CATS selected Direct Media, Inc.’s proposal based on the highest overall rating along with the best value for the City. § The three-year minimum revenue guarantee is $4,495,000 plus a percentage share of revenue over the minimum revenue guarantee. If the City were to exercise both of its renewal options, the total guaranteed revenue for the entire five years is $7,801,800. The guaranteed yearly minimum revenue and CATS percentage share of any income over the minimum is: - Year 1: $1,087,500 / 60% share of any additional income - Year 2: $1,862,500 / 60% share of any additional income - Year 3: $1,545,000 / 60% share of any additional income - Year 4: (renewal) $1,606,800 / 63% share of any additional income - Year 5: (renewal) $1,700,000 / 63% share of any additional income Contract Terms § The vendor will manage and administer the sale, production, installation, and removal of advertisements on CATS assets, including the interior and exterior of bus and rail vehicles, ticket stock, printed schedules, and other assets as they become available. § The contract will provide for a three-year term with two, one-year renewals. Each term year will have a predetermined minimum revenue guarantee in addition to a percentage share of revenue above the minimum guarantee. § The vendor is required to ensure that all advertisements comply with the Metropolitan Transit Commission Advertising policy. City staff will monitor the vendor’s performance and assist with advertising reviews when necessary or appropriate. Fiscal Note Funding: CATS Operating Budget City of Charlotte Page 51 Printed on 7/20/2016 City Council Business Meeting Meeting Agenda July 25, 2016 Disadvantaged Business Enterprise Opportunity (DBE) Federal law and guidance does not set DBE participation goals for contracts which use a federally funded asset(s) as a revenue-enhancing source. However, those contracts are required to be competitively awarded in order to give all businesses an opportunity to participate. This contract was procured through a public formal advertisement open to all firms. The Request for Proposal included as part of the evaluation criteria a scoring enhancement for the utilization of certified DBEs for any subcontracting of services included in the proposal. City of Charlotte Page 52 Printed on 7/20/2016 City Council Business Meeting Meeting Agenda July 25, 2016 44. CATS Bus Route Planning Software Services Action: Approve a five-year contract in the amount of $305,000 with Remix Software, Inc. to provide software service tools for CATS bus route planning activities. Staff Resource(s): Larry Kopf, CATS Explanation § The Charlotte Area Transit System (CATS) reviews bus route performance on a regular basis and changes bus routes when necessary to accommodate the growing Mecklenburg County service area. § Beginning in late 2016 CATS will undertake a comprehensive operational analysis (COA) of its bus network. With shifting demographics and ongoing population growth CATS has the opportunity to redesign the bus network so that citizens continue to receive the best transit options for overall mobility. § Remix Software, Inc. will deliver a software as a service model: users receive access to an easy-to-use online platform without the worry of maintenance, hosting, or software updates. Remix Software, Inc. hosts and maintains the technology infrastructure and enhances the Remix product over time. Users log into the technology which is offered as a service. § Remix software will simplify the planning process. Whereas transit planning often requires a time-intensive, multi-step process with many disparate tools, the Remix technology enables planners to understand the impact of multiple planning options (i.e., different route proposal scenarios) all in one visual, easy to use interface. § Features of the user-friendly Remix software include: - Route design tools, including drag and drop functionality to plot a conceptual route along the map; - Title VI equity analysis which brings in demographic information such as minority population, senior population, and low-income population within proximity of the proposed bus route, and an analysis of impact to these populations; - An “isochrone” feature, which is a visualization tool that permits the user to model how far a virtual rider can travel in the transit network within an hour (or any time frame as set by the user); - Cost analysis that permits the user to extend a proposed route, or cut the route short, and quickly determine the impact on operating cost. § A waiver of competitive solicitation was granted for the procurement of Remix software because Remix Software, Inc. is the only company that can provide this agile way to visually sketch transit scenarios, design new routes, modify existing routes, provide cost analysis, compare different scenarios, and model travel potential. § Remix software as a service will greatly decrease the amount of time necessary to complete the COA, and it will assist staff to consider multiple scenarios so that the best possible transit network can be developed. Remix software as a service will provide ongoing benefits to the transit planning team as additional rapid transit projects come on line. Charlotte Business INClusion No subcontracting goal was established because there are no subcontracting opportunities (Part C: Section 2.1(a) of the Charlotte Business INClusion Policy). Fiscal Note Funding: CATS Community Investment Plan City of Charlotte Page 53 Printed on 7/20/2016 City Council Business Meeting Meeting Agenda July 25, 2016 45. Federal Transit Administration Enhanced Mobility of Seniors and Individuals with Disabilities Grants and Contracts Action: A. Authorize the City Manager to negotiate and execute contracts with the following organizations as sub-recipients for Federal Transit Administration Section 5310 grant projects: 1. Iredell County in an amount not to exceed $57,801, 2. Union County in an amount not to exceed $51,776, 3. Mecklenburg County (capital) in an amount not to exceed $280,000, 4. Mecklenburg County (operating) in an amount not to exceed $150,000, 5. Disabilities Rights and Resources in an amount not to exceed $92,496, 6. Centralina Council of Governments in an amount not to exceed $96,000, and 7. Metrolina Association for the Blind in an amount not to exceed $13,000, and B. Adopt a budget ordinance appropriating $778,869 to the CATS Community Investment Plan Fund, which will be used in accordance with Federal Transit Administration guidelines for the grant projects listed above and CATS administrative expenses. Staff Resource(s): Larry Kopf, CATS Dee Pereira, CATS Explanation § The Federal Transit Administration Section 5310 Program (FTA Program) is designed to award grants to improve transportation service to elderly persons and persons with disabilities. § CATS is the designated recipient of FTA Program funds for the urbanized area. The designated recipient has responsibility to act as administrator of funds for appropriate sub-recipient projects. § Federal grants pay a percentage of the total project cost: - Up to 50% for operating projects, - Up to 80% for capital projects, - Up to 80% for projects that coordinate available transportation services, - Up to 80% for projects that provide information and assistance to elderly persons and persons with disabilities regarding the use of public transit services. § The appropriation of $741,073 consists of FTA Program funds, which will be matched by the sub-recipients, as described below: - Iredell County: this project provides demand-response transportation services to elderly persons and persons with disabilities. It is a 50/50 grant project that will be matched by Iredell County funds. - Union County: this project provides senior transportation services. It is a 50/50 grant project that will be matched by Union County funds. - Mecklenburg County (capital): this project entails the purchase and implementation of a new scheduling software system for purposes of improving transportation for elderly persons and persons with disabilities. It is an 80/20 grant project that will be matched by Mecklenburg County funds. - Mecklenburg County (operating): this project provides demand-response transportation services to elderly persons and persons with disabilities. It is a 50/50 grant project that will be matched by Mecklenburg County funds. - Disabilities Rights and Resources: this project provides information, assistance, and travel training to elderly persons and individuals with disabilities, and sensitivity training to service providers. It is an 80/20 grant project that will be matched by Disabilities Rights and Resources funds. City of Charlotte Page 54 Printed on 7/20/2016 City Council Business Meeting Meeting Agenda July 25, 2016 - Centralina Council of Governments: this project is designed to enhance coordination between service providers to improve transportation services for elderly persons and persons with disabilities. It is an 80/20 grant project that will be matched by Centralina Council of Governments funds. - Metrolina Association for the Blind: this project funds an additional driver and fuel costs to transport individuals with visual disabilities. It is a 50/50 grant project that will be matched by Metrolina Association for the Blind funds. § As authorized by FTA regulations, $37,796 will be earmarked to fund CATS administration of the grants associated with the sub-recipient programs described. Fiscal Note Funding: Federal Transit Administration Grant to include matching funds from six agencies, and the CATS Community Investment Plan Attachment Budget Ordinance Budget Ordinance - FTA Enhanced Mobility of Seniors and Individuals with Disabilities Grant City of Charlotte Page 55 Printed on 7/20/2016 City Council Business Meeting Meeting Agenda July 25, 2016 46. Exchange of Right-of-Way along the LYNX Light Rail Corridor - Lennar Multifamily Communities Action: A. Adopt a resolution authorizing an exchange of right-of-way between the City of Charlotte and Lennar Multifamily Communities or its successors and assigns (Property Owner) involving Tax Identification #14701709, and B. Authorize the City Manager to execute all documents necessary to complete the exchange of right-of-way between the City of Charlotte and Property Owner. Staff Resource(s): Tina M. Votaw, CATS Tim O’Brien, Engineering & Property Management Explanation § The Property Owner proposes to build a mixed-use development consisting of approximately 430 apartment units and approximately 26,000 square feet of retail space at the corner of New Bern Street and South Boulevard, adjacent to the New Bern Light Rail Station. The development site was previously utilized as the Pepsi Bottling Plant. § In order to construct the mixed-use development, the Property Owner requires use of some of the City’s excess LYNX right-of-way. The City’s ownership of the LYNX right-of-way between Scaleybark and Uptown is a “charter” right-of-way that the City originally purchased from the Norfolk Southern Railroad. § The City’s right-of-way is approximately 130 feet wide, which is wider than necessary for the use and development of the LYNX and the Rail Trail. Therefore, per the City’s Administrative Policy, the City generally retains approximately 70 feet in width while allowing the excess right-of-way of approximately 30 feet on either side to be used by the adjacent Property Owner in order to facilitate transit supportive redevelopment. § The Property Owner will exchange property rights with the City for full and fair consideration as required by law. Fair consideration can be any combination of cash, real, or personal property and other benefits. § The exchange is recommended for the following reasons: - The Property Owner will convey approximately 22,100 square feet of property underlying that portion of the rail corridor used by LYNX and the Rail Trail to the City and will be required to reconstruct and maintain the City’s Rail Trail. As part of the Rail Trail, additional decorative fencing and public art will be installed by the Property Owner. The property, improvements and maintenance obligation have a combined value of approximately $391,330. - The City will release approximately 12,250 square feet of excess right-of-way, valued at approximately $386,000, to the Property Owner. Additionally, the City will execute an Easement Agreement with the Property Owner that requires the Property Owner to construct and maintain the Rail Trail as described above. Background § The Council-adopted Transit Station Area Plans define development standards for property adjacent to the rail corridor and envision that excess right-of-way will be incorporated into adjacent transit supportive development. Alternatively, the excess right-of-way may be retained by the City as buffer if needed. Attachment Map Resolution City of Charlotte Page 56 Printed on 7/20/2016 City Council Business Meeting Meeting Agenda July 25, 2016 Map Exchange with Lennar Council Resolution.doc City of Charlotte Page 57 Printed on 7/20/2016 City Council Business Meeting Meeting Agenda July 25, 2016 47. Exchange of Right-of-Way along the LYNX Light Rail Corridor - The Bainbridge Companies Action: A. Adopt a resolution authorizing an exchange of right-of-way between the City of Charlotte and The Bainbridge Companies or its successors and assigns (Property Owner) involving Tax Identification Parcel numbers 14701711 and 14701712, and B. Authorize the City Manager to execute all documents necessary to complete the exchange of right-of-way between the City of Charlotte and Property Owner. Staff Resource(s): Tina M. Votaw, CATS Tim O’Brien, Engineering & Property Management Explanation § The Property Owner proposes to build approximately 200 apartment units at South Boulevard and Poindexter Street, between the LYNX East/West Station and the New Bern Station. § In order to construct the apartment development, the Property Owner requires use of some of the City’s excess LYNX right-of-way. The City’s ownership of the LYNX right-of-way between Scaleybark and Uptown is a “charter” right-of-way that the City originally purchased from Norfolk Southern Railroad. § The City’s right-of-way is approximately 130 feet wide, which is wider than necessary for our use and development of the LYNX and the Rail Trail. Therefore, per the City’s Administrative Policy, the City generally retains approximately 70 feet in width while allowing the excess right-of-way of approximately 30 feet on either side to be used by the adjacent Property Owner in order to facilitate transit supportive redevelopment. § The Property Owner will exchange property rights with the City for full and fair consideration as required by law. Fair consideration can be any combination of cash, real, or personal property and other benefits. § The exchange is recommended for the following reasons: - The Property Owner will convey approximately 6,615 square feet of property that portion of the rail corridor used by LYNX and the Rail Trail to the City and will be required to reconstruct and maintain the City’s Rail Trail. As part of the Rail Trail, additional decorative fencing and public art will be installed by the Property Owner. The property improvements and maintenance obligation have a combined value of approximately $171,000. - The City will release approximately 6,100 square feet of excess right-of-way, valued at approximately $174,000, to the Property Owner. Additionally, the City will execute an Easement Agreement with the Property Owner that requires the Property Owner to construct and maintain the Rail Trail as described above. Background § The Council-adopted Transit Station Area Plans define development standards for property adjacent to the rail corridor and envision that excess right-of-way will be incorporated into adjacent transit supportive development. Alternatively, the excess right of way may be retained by the City as buffer if needed. Attachment Map Resolution Map Exchange with Bainbridge Companies Council Resolution- Bainbridge City of Charlotte Page 58 Printed on 7/20/2016 City Council Business Meeting Meeting Agenda July 25, 2016 48. Storm Water Services Channel Maintenance Action: A. Award a unit price contract in an amount not to exceed $434,319 to the lowest responsive bidder United of Carolinas, Inc. for the Storm Water Incidental Construction Channel Maintenance Fiscal Year 2017 project, and B. Authorize the City Manager to approve up to two renewals and to amend the contract consistent with the City’s business needs and the purpose for which the contracts were approved. Staff Resource(s): Kate Labadorf, Engineering & Property Management Explanation § The Storm Water Incidental Construction Channel Maintenance contract will be used to construct projects across the City, in response to citizen requests for service. § Work involves repairing/restoring urban storm water channels, ditches or streams including re-alignment, bank stabilization, in-stream structures, grade control and erosion control matting. Projects may also include curb and gutter, sidewalks, driveways, and fencing. § The necessary repairs for each project are designed and a work order is prepared including an estimated list of quantities. § The contract amount is based on the unit prices competitively bid for items typically used during construction of channels, ditches, or streams. § On June 7, 2016, the City issued an Invitation to Bid; four bids were received from interested service providers. § United of Carolinas, Inc. was selected as the lowest responsive, responsible bidder. § The projects are anticipated to be complete in third quarter 2017. Charlotte Business INClusion Established SBE Goal: 10.00% Committed SBE Goal: 14.62% United of Carolinas, Inc. exceeded the established subcontracting goal, and has committed 14.62% ($63,500) of the total contract amount to the following certified firms (Part D: Section 3 of the Charlotte Business INClusion Policy): · Barton Contracting Corporation (SBE) ($25,000) (hauling) · Streeter Trucking Company, Inc. (SBE, MBE) ($17,500) (hauling) · JV Trucking, LLC (SBE) ($15,000) (hauling) · R.R.C. Concrete Inc (SBE) ($6,000) (concrete) Established MBE Goal: 4.00% Committed MBE Goal: 4.03% United of Carolinas, Inc. exceeded the established subcontracting goal, and has committed 4.03% ($17,500) of the total contract amount to the following certified firms (Part D: Section 3 of the Charlotte Business INClusion Policy): · Streeter Trucking Company, Inc. (SBE, MBE) ($17,500) (hauling) Fiscal Note Funding: Storm Water Community Investment Plan City of Charlotte Page 59 Printed on 7/20/2016 City Council Business Meeting Meeting Agenda July 25, 2016 49. Water and Sewer Extensions/Replacements (Fiscal Year 2016 - Contract #5) Action: Award a unit price contract in the amount of $2,472,455.80 to the lowest responsive bidder R.H. Price, Inc. for the new construction or replacement of water and sewer mains throughout the Charlotte Water service area. Staff Resource(s): Carl Wilson, Charlotte Water Explanation § Charlotte Water uses private construction companies to both replace water and sewer mains as well as build new water and sewer lines to customers that request service. This contract will provide both of those services. § The Street Main Extensions Program provides services to residential customers within 1,000 feet of an existing water or sewer main. Each extension is provided at the request of the property owner with the property owner paying for the water or sewer connection. § The Water and Sewer Replacement Program replaces water distribution and sewer collection infrastructure as needed. § For the 2015 calendar year, approximately 24,330 linear feet of water main and 28,420 linear feet of sewer main were replaced. Fifteen water services and 71 sewer services were installed. § Additional contracts were bid throughout the fiscal year to meet responsiveness goals. § Bids are unit price and based on estimated quantities for items needed for this type of work. § On May 12, 2016, the City issued an Invitation to Bid for Water and Sewer Extensions/Replacements; one bid was received from an interested service provider. - In accordance to North Carolina General Statute 143-132, if three bids are not received from reputable and qualified contractors, then the project must be re-advertised. During the re-advertisement, the contract may be awarded to the lowest responsible bidder even if only one bid is received from an interested service provider. - On June 9, 2016, the City re-issued the Invitation to Bid; three bids were received from interested service providers. § R.H. Price, Inc. was selected as the lowest responsive, responsible bidder. Charlotte Business INClusion Established SBE Goal: 6% Committed SBE Goal: 6.07% R.H. Price, Inc. met the established subcontracting goal and has committed 6.07% ($150,000) of the total contract amount to the following certified firms (Part B: Section 3 of the Charlotte Business INClusion Policy): · C and D Utility (SBE) ($55,000) (pipeline installation) · Wallace Brothers Construction, Inc. (SBE) ($55,000) (pipeline installation) · RAM Pavement Services, Inc. (SBE) ($30,000) (paving) · Fernandez Construction Corporation (SBE) ($10,000) (concrete) Fiscal Note Funding: Charlotte Water Community Investment Plan City of Charlotte Page 60 Printed on 7/20/2016 City Council Business Meeting Meeting Agenda July 25, 2016 50. Water Line Repair Payment Action: Approve a payment in the amount of $149,270.07 to Sanders Utility Construction Company, Inc. for the repair of a 54-inch water line. Staff Resource(s): Carl Wilson, Charlotte Water Explanation § On Friday, May 13, 2016, a horizontal directional drilling contractor bored a hole in the 54-inch water transmission main in the intersection of Tuckaseegee Road, Thrift Road, and Berryhill Road. - The 54-inch water transmission main was constructed in 1986 and the pipe material is prestressed concrete cylinder pipe. § The City Manager signed a Waiver of Solicitation Requirements Emergency Exception memo on Friday, May 13, 2016. § Charlotte Water selected Sanders Utility Construction Company, Inc. to repair the water line. The company is a local contractor with significant experience repairing large diameter water lines. § Once the road was closed and the water line had been shut down, excavation for the repair began on Saturday, May 14, 2016. It took two weeks to repair the pipe, backfill the excavation, and patch the road. § It took an additional two weeks to refill, sterilize, and place the water back into service. Final restoration of the pavement was completed the week of June 20, 2016. § Sanders Utility Construction Company, Inc. prepared a final invoice for the repair costs based on labor, equipment, and material costs. § Charlotte Water is seeking reimbursement from the horizontal directional drilling contractor. Charlotte Business INClusion Construction contracts estimated to be less than $300,000 are informal and exempt from the goal setting process (Part A: Section 3.1 of the Charlotte Business INClusion Policy). However, Sanders Utility Construction., Inc. committed 4.86% 9$7,248) of the total payment amount to the following certified firms: · Jim Bob’s Grading & Paving, Inc. (SBE) ($6,488) (paving) · All Points Trucking, Inc. (SBE, WBE) ($760) (hauling) Fiscal Note Funding: Charlotte Water Community Investment Plan Attachment Map 54-inch Watermain Repair - MAP City of Charlotte Page 61 Printed on 7/20/2016 City Council Business Meeting Meeting Agenda July 25, 2016 51. Charlotte Water Engineering Services Action: Approve not-to-exceed contracts with the following firms for engineering services: - Hazen and Sawyer ($900,000), - Black & Veatch International Company ($800,000), - Brown and Caldwell ($700,000), - CDM Smith Inc. ($700,000), - HDR Engineering, Inc. of the Carolinas ($700,000), - WK Dickson & Co., Inc. ($150,000), and - Stantec Consulting Services Inc. ($150,000). Staff Resource(s): Carl Wilson, Charlotte Water Explanation § Charlotte Water staff requires specialized technical assistance from outside engineering firms to support maintenance and upgrades at water and wastewater treatment plants as well as the collection and distribution systems. § These on-call professional services contracts are for engineering services such as: - Planning, design, and construction management for water and wastewater treatment plant and pipeline projects, - Structural analysis, - Regulatory process control, and - Hydraulic modeling. § On May 4, 2016, the City issued a Request for Qualifications (RFQ) for Miscellaneous Engineering Services. In response to the RFQ, the City received 15 proposals from interested professional service providers. § Charlotte Water staff evaluated the proposals and determined that the above firms are the best qualified firms to meet the City’s needs on the basis of demonstrated competence and qualification of professional services in response to the RFQ requirements. § The amounts awarded to each firm are based on their qualifications. § It is anticipated the contracts will cover work to be completed throughout Fiscal Year 2017. § The total amount of these contracts is $4.1 million. Charlotte Business INClusion The City negotiates subcontracting participation after the proposal selection process (Part C: Section 2.1(h) of the Charlotte Business INClusion Policy). The specific tasks and subcontracting opportunities associated with this contract are undefined; however, each Prime consultant has identified certified firms to be utilized as the contract evolves and the scopes of work are defined: Hazen & Sawyer · Avioimage Mapping Services, Inc. (SBE) (aerial mapping) · Hinde Engineering, Inc. (SBE) (traffic control plans) · Mid-Carolina Reprographics (SBE, WBE) (printing) · Southeastern Consulting Engineers, Inc. (SBE) (electrical engineering services) · Survey & Mapping Control, Inc. (SBE) (field surveying) Black & Veatch International Company · Avioimage Mapping Services, Inc. (SBE) (digital and aerial mapping) · Capstone Civil Group (SBE, MBE) (geotechnical and inspections) · Carolina Wetland Services, Inc. (SBE, WBE) (environmental services) · CES Group Engineers, LLP (SBE, WBE) (subsurface utility location and field surveying) City of Charlotte Page 62 Printed on 7/20/2016 City Council Business Meeting Meeting Agenda July 25, 2016 · CITI, LLC (MBE) (system integration) Brown & Caldwell · C Design, Inc. (SBE) (architectural support) · Capstone Civil Group, P.A. (SBE, MBE) (geotechnical) · LDSI, Inc. (SBE) (surveying) CDM Smith Inc. · Barry D. Davis Surveying, PLLC (SBE) (surveying) · CITI, LLC (MBE) (system instrumentation and integration) · Richa Graphics (SBE) (printing) · Southeastern Consulting Engineers, Inc. (SBE) (electrical engineering services) · Sweetwater Utility Exploration (SBE) (utility locating) HDR Inc. of the Carolinas · CITI, LLC (SBE) (system integration) · Gavel & Dorn Engineering, PLLC (SBE) (inspections) · Joel E. Wood & Associates, PLLC (SBE) (geotechnical) · R. Joe Harris & Associates, (SBE) (surveying) · Richa Graphics (SBE) (printing) WK Dickson & Co., Inc. · Capstone Civil Engineering, Inc. (SBE, MBE) (geotechnical engineering) · CES Group Engineers, LLP (SBE, WBE) (surveying) · Southeastern Consulting Engineers, Inc. (SBE) (electrical engineering services) · Southeast Geomatics Group (SBE) (scope of work) Stantec Consulting Services, Inc. · Avioimage Mapping Services, Inc. (SBE) (aerial survey) · Capstone Civil Group, P.A. (SBE, MBE) (geotechnical) · Carolina Wetland Services, Inc. (SBE, WBE) (environmental services) · Gavel & Dorn Engineering, PLLC (SBE) (inspections) Fiscal Note Funding: Charlotte Water Community Investment Plan City of Charlotte Page 63 Printed on 7/20/2016 City Council Business Meeting Meeting Agenda July 25, 2016 52. Charlotte Water - Horizontal Directional Drilling Bid and Construction-Related Professional Services Action: Approve a contract for up to $308,150 with McKim and Creed, Inc. for horizontal directional drilling bid and construction related professional services. Staff Resource(s): Carl Wilson, Charlotte Water Explanation § Horizontal directional drilling is a construction method that is used to reduce disturbance of ground features by drilling underground from the surface, going horizontally for a distance, and coming back to the surface. This construction method is extensively used in the telecommunications industry. It also allows alternative options to the more traditional open-cut construction method. § In the past, Charlotte Water has used this construction method on a small number of projects. Moving forward, the approach is to continue using this method on more projects, such as potable water installations and sanitary sewer lines. Specific projects for this contract include the Stowe Creek Force Main Replacement, Huntingtowne Farms Lane, and the Starbrook Drive Water Main Crossing of Little Sugar Creek. § On September 9, 2015, the City issued a Request for Qualifications (RFQ) for Horizontal Directional Drilling Bidding and Construction Phase Services. In response to the RFQ, the City received three proposals from interested professional service providers. § The Charlotte Water Project Team evaluated the proposals and determined that McKim and Creed, Inc. is the best qualified firm to meet the City’s needs on the basis of demonstrated competence and qualification of professional services in response to the RFQ requirements. Charlotte Business INClusion The City negotiates subcontracting participation after the proposal selection process (Part C: Section 2.1(h) of the Charlotte Business INClusion Policy). McKim and Creed, Inc. have committed 5.03% ($15,500) of the total contract amount to the following certified firm: · Gavel and Dorn Engineering, PLLC (SBE) ($15,500) (construction inspection, materials testing) Fiscal Note Funding: Charlotte Water Community Investment Plan City of Charlotte Page 64 Printed on 7/20/2016 City Council Business Meeting Meeting Agenda July 25, 2016 53. Ramah Creek Trunk Sewer Project Construction Change Order Action: Approve change order #1 for $399,975 to R.H. Price, Inc.’s construction contract for the Ramah Creek Trunk Sewer project. Staff Resource(s): Carl Wilson, Charlotte Water Explanation § On April 13, 2015, the City Council awarded the Ramah Creek Trunk Sewer construction contract with R.H. Price in the amount of $6,696,424.50. § The Ramah Creek Trunk Sewer project will install approximately 27,000 linear feet of 18-inch through 30-inch trunk sewer along Ramah Creek, beginning near the confluence of Clarke Creek and Ramah Creek and extending upstream along Ramah Creek to the north side of NC 73/Sam Furr Road in eastern Huntersville, NC. § The gravity sewer is below the creek bottom in order to serve both sides of the creek without aerial sewers. With a deep excavation, solid rock is frequently encountered, requiring drill and blast techniques to remove the rock in the pipe trench. § On the Ramah Creek Trunk project, prior to construction, the amount of rock excavation was estimated to be 3,200 cubic yards based upon the information gathered during the design process. In accordance to the project contract, contractors are paid by the cubic yard for rock excavation. § The project is about 50% complete, and at this time, the bid quantity of 3,200 cubic yards has been used for the project. The contractor has done test drilling along the pipeline for the rest of the length of the project, and the engineer has determined there is significant more rock to be removed on the project. The estimated quantity of additional rock excavation is approximately 5,333 cubic yards. § The contractor will be paid $75.00 per cubic yard of rock excavation, which is the same price as was in the original contract. § There have been no previous change orders on this Ramah Creek Trunk Sewer construction contract. § The new total value of the contract is $7,096,399.50. Charlotte Business INClusion All additional work involved in this Change Order will be performed by R.H. Price, Inc. and their existing subcontractors (Part D: Section 6 of the Charlotte Business INClusion Policy). Fiscal Note Funding: Charlotte Water Community Investment Plan Attachment Map Construction Change Order for Ramah Creek Interceptor Sewer Project - MAP City of Charlotte Page 65 Printed on 7/20/2016 City Council Business Meeting Meeting Agenda July 25, 2016 54. McMullen Creek Basin Sanitary Sewer Improvements Action: Approve a contract with Brown and Caldwell, in the amount of $690,210, for the McMullen Creek Basin Sanitary Sewer Improvements Project - Phase I. Staff Resource(s): Carl Wilson, Charlotte Water Explanation § The McMullen Creek Basin Wastewater Collection System encompasses south Mecklenburg County and covers an area of approximately 9,700 acres. § The Basin consists of nearly 185 miles of sewer collection mains and is a tributary to the McAlpine Creek Wastewater Treatment Plant. § The Basin has little undeveloped coverage, with the developed areas mostly comprising of residential buildings and commercial areas such as Carmel Commons and parts of Carolina Place. South Park borders the Basin, lying just outside the basin limits. Neighborhoods in this service area include Cotswold, Sherwood Forest, Providence Park, Foxcroft, Governor’s Square, Sharon Woods, Mountainbrook, and Kingswood. § The purpose of this project is to identify improvements needed to the sanitary sewer system to minimize mainline blockages and sanitary sewer overflows caused by aged and failing mains, and to provide adequate capacity to meet service level demands. § This project is comprised of two main phases. Phase I will include model related basic services covering flow monitoring, hydraulic modeling/analysis, condition assessment and Community Improvement Project (CIP) development for the McMullen Creek Basin. Phase II will include engineering services for the design and implementation of projects identified as high priority CIP projects under Phase I. § On April 14, 2016, the City issued a Request for Qualifications (RFQ) for the McMullen Basin Interceptor Improvements. In response to the RFQ, the City received five proposals from interested professional service providers. § The Charlotte Water Project Team evaluated the proposals and determined that Brown and Caldwell is the best qualified firm to meet the City’s needs on the basis of demonstrated competence and qualification of professional services in response to the RFQ requirements. § Two separate contracts will be issued, one for each phase of the Project. A second contract will be awarded to Brown and Caldwell for Phase II depending on their overall performance of Phase I. Charlotte Business INClusion The City negotiates subcontracting participation after the proposal selection process (Part C: Section 2.1(h) of the Charlotte Business INClusion Policy). Brown and Caldwell has committed 16.79% ($115,906) of the total contract amount to the following certified firm: · JAAMCO Drain Cleaning & Video Inspection, Inc. (SBE) ($115,906) (CCTV inspections) Fiscal Note Funding: Charlotte Water Community Investment Plan Attachment Map McMullen Sewer Basin Map City of Charlotte Page 66 Printed on 7/20/2016 City Council Business Meeting Meeting Agenda July 25, 2016 55. Mail Remittance Services Action: A. Authorize the City Manager to negotiate and approve a unit price contract with BB&T for Mail Remittance Services for an initial term of three years, and B. Authorize the City Manager to renew the contract for up to two additional, one-year renewal terms. Staff Resource(s): Susan Walker, Management & Financial Services Explanation § Revenue is responsible for managing mail remittance processing functions for water, sewer, and storm water services. § On March 24, 2016, the City issued a Request for Proposal (RFP) for Mail Remittance Services, including payment processing, depositing, image archival, a client dashboard for exceptions, and reporting services. Also in the RFP were courier services, including all personnel, equipment, facility space, and transportation for pickup and delivery. In response to the RFP, the City received five proposals from interested service providers. § The Project Team, consisting of staff from Management & Financial Services, Charlotte Water, and Mecklenburg County evaluated the proposals and determined that BB&T best meets the City’s needs in terms of qualifications, experience, cost, and responsiveness to RFP requirements. § Staff anticipates renewing the contract for up to two additional, one-year terms. § The company will be paid the unit prices set forth in the contract, a copy of which is available upon request. § Estimated contract expenditures are $220,000 annually. Charlotte Business INClusion No subcontracting goal was established on this contract because there are no opportunities (Part D: Section 6 of the Charlotte Business INClusion Policy). Fiscal Note Funding: Management & Financial Services Operating Budget City of Charlotte Page 67 Printed on 7/20/2016 City Council Business Meeting Meeting Agenda July 25, 2016 56. Architectural Services for Fleet Maintenance Facilities Master Plan Action: Approve a contract in the amount of $239,500 with Bergmann Associates, Architects, Engineers, P.C. for architectural services for the Equipment Maintenance Facilities Master Plan Study. Staff Resource(s): Chris Trull, Management & Financial Services Jonathan Sossamon, Engineering & Property Management Explanation § Fleet Management, a division of Management & Financial Services currently maintains approximately 6,500 pieces of equipment in six facilities located throughout the City and Mecklenburg County. These facility locations are not currently based on departmental equipment maintenance needs or their departmental service locations. Fleet Management provides equipment maintenance services to 14 City departments and Mecklenburg County. § The Vehicle Maintenance Facilities Master Plan was last updated in August 2004. § This study will: - Review Fleet Management’s current service delivery model, - Recommend locations of maintenance facilities that best serve departments business models, current and future, by meeting with departments and staff, - Recommend the size, type and number of service bays at each location to provide appropriate service delivery, and - Develop conceptual cost estimates for capital planning. § On March 16, 2016, the City issued a Request for Qualifications (RFQ) for Architectural Services for an Equipment Maintenance Study. In response to the RFQ, the City received three proposals from interested professional service providers. § The Project Team, consisting of staff from Engineering & Property Management, Solid Waste Services, Charlotte Department of Transportation, Charlotte-Mecklenburg Police Department, and Management & Financial Services, evaluated the proposals and determined that Bergmann Associates, Architects, Engineers, P.C. is the best qualified firm to meet the City’s needs on the basis of demonstrated competence and qualification of professional services in response to the RFQ requirements. § The Facilities Master Plan study is expected to be completed in mid-2017. Charlotte Business INClusion The City negotiates subcontracting participation after the proposal selection process (Part C: Section 2.1 (h) of the Charlotte Business INClusion Policy). Bergmann Associates, Architects, Engineers, P.C. has committed 7.10% ($17,000) of the total contract amount to the following certified firms: · Bloc Design (SBE) ($12,000) (civil consultant) · R.M. Rutherford (SBE) ($5,000) (cost estimating) Fiscal Note Funding: General Facilities Community Investment Plan City of Charlotte Page 68 Printed on 7/20/2016 City Council Business Meeting Meeting Agenda July 25, 2016 57. Vehicle and Equipment Purchases from Cooperative Contracts Action: A. Approve the purchase of vehicles and fleet equipment from cooperative purchasing contracts as authorized by G.S. 143-129(e)(3), and B. Approve a contract with the following vendors for the purchase of vehicles and equipment for a one-year term under North Carolina Sheriff’s Association contracts 15-01-0611, 16-02-0929, and 17-01-0617, Houston-Galveston Area Council Buy contracts CM02-15, EM06-15, HT06-16, and SC01-15, and National Joint Powers Alliance contracts 042815-CEC, 022014-SCA, and 031014-ALT: - Altec Industries, Inc., - Amick Equipment Co, Inc., - Aries Industries, - ASC Construction, - Asheville Ford Lincoln, - Bobcat Company, - Excel Truck Group, - Houston Freightliner, - One Source Equipment, - Rodders and Jets Supply Co., - Sewer Equipment Company of America, - Sir Walter Chevrolet, - Southern Truck Service, and - Young’s Truck Center. Staff Resource(s): Chris Trull, Management & Financial Services Cooperative Purchasing Exemption NC S.L. 2001-328, effective January 1, 2002, authorizes competitive group purchasing. Explanation § Management & Financial Services collaborates with other City departments on an annual basis to assess vehicles and equipment in determining replacement needs based on a rating of vehicle usage, age, maintenance costs, and condition. § Cooperative purchasing contracts aggregate purchasing power at a regional or national level to provide goods to public agencies at best value. § The vendors above have contracts awarded through North Carolina Sheriff’s Association that offer competitively obtained contracts to public agencies for public works vehicles and equipment. § The unit prices, set forth in the proposed contracts, are available upon request. § Fiscal Year 2017 expenditures are estimated to be $10,651,200. Charlotte Business INClusion These are cooperative purchasing contracts and are exempt (Part A: Appendix 27 of the Charlotte Business INClusion Policy). Fiscal Note Funding: General and Enterprise Capital Equipment Replacement Funds City of Charlotte Page 69 Printed on 7/20/2016 City Council Business Meeting Meeting Agenda July 25, 2016 58. Vehicle and Equipment Purchases from State Contracts Action: A. Approve the purchase of vehicles and fleet equipment from state contracts as authorized by G.S. 143-129(e)(9), and B. Approve contracts with Godwin Manufacturing, Knapheide, Piedmont Truck Center, and RS Braswell for the purchase of vehicles and equipment for the term of one-year under North Carolina state contract numbers 065A, 065C, 070A, and 760H. Staff Resource(s): Chris Trull, Management & Financial Services State Contract Exemption G.S. 143-129(e)(9) allows local government to purchase from state contracts if the contractor is willing to extend the same or more favorable prices, terms, and conditions as those established under the state contract. Explanation § Management & Financial Services collaborates with other City departments on an annual basis to assess vehicles and equipment in determining replacement needs based on a rating of vehicle usage, age, maintenance costs, and condition. § State contracts aggregate purchasing power statewide to provide goods to public agencies at the best value. § The vendors above are willing to provide vehicles and equipment to the City at the same or better terms as are provided in the contracts with the state of North Carolina. § The unit prices set forth in the proposed contracts is available upon request. § Annual expenditures are estimated to be $631,500. Charlotte Business INClusion This contract is purchased off a State contract and is exempt (Part A: Appendix 27 of the Charlotte Business INClusion Policy). Fiscal Note Funding: General and Enterprise Capital Equipment Replacement Funds City of Charlotte Page 70 Printed on 7/20/2016 City Council Business Meeting Meeting Agenda July 25, 2016 59. Detroit Diesel Parts and Services Action: A. Approve a contract with Clarke Power Services for Detroit Diesel Service and Parts for an initial term of three years, and B. Authorize the City Manager to renew the contract for up to two, one-year terms with possible price adjustments and to amend the contract consistent with the City’s business needs and the purpose for which the contract was approved. Staff Resource(s): Chris Trull, Management & Financial Services Explanation § The City requires qualified service providers to work in conjunction with the Management & Financial Services Department to perform complete turnkey repairs and related services on Detroit Diesel engines in the City’s fleet. § Repairs may include, but are not restricted to, complete engine replacement or overhaul, cooling systems and lines, engine components, and all related parts, repairs, or replacement. § On May 20, 2016, the City issued a Request for Proposal (RFP) for Detroit Diesel parts and repair services. In response to the RFP, the City received one proposal from an interested service provider. § Management & Financial Services staff evaluated the proposal and determined that the service provider meets the City’s needs in terms of qualifications, experience, cost, and responsiveness to RFP requirements. § Staff anticipates renewing the contract for up to two additional, one-year terms at prices to be negotiated based on market conditions. § The service provider will be paid the unit prices set forth in the contract, which is available upon request. § Estimated contract expenditures are $250,000 annually. Charlotte Business INClusion No subcontracting goals were established because there are no subcontracting opportunities (Part C: Section 2.1(a) of the Charlotte Business INClusion Policy). Fiscal Note Funding: Management & Financial Services Operating Budget City of Charlotte Page 71 Printed on 7/20/2016 City Council Business Meeting Meeting Agenda July 25, 2016 60. Order of Collection for Tax Year 2016 Action: Adopt an Order of Collection, as per North Carolina General Statute 105-321(b) authorizing the Tax Collector of Mecklenburg County to collect the taxes set forth in settlement statement for tax year 2016. Staff Resource(s): Stephanie Kelly, City Clerk’s Office Explanation § According to North Carolina General Statute 105-321(b), an order directing the Tax Collector to collect the taxes charged in the tax records and receipts must be entered into the official record of the governing board. § The Tax Collector’s Office issued an Order of Collection to authorize the collection of real estate and motor vehicle taxes for tax year 2016. § The Order of Collection must be ratified and returned to the Mecklenburg County, Office of the Tax Collector, by September 1, 2016. Attachment Order of Collection Tax Year 2016 Order of Collection Tax Year 2016 61. Refund of Property Taxes Action: Adopt a resolution authorizing the refund of property taxes assessed through clerical or assessor error in the amount of $27,896.09. Staff Resource(s): Robert Campbell, Management & Financial Services Explanation § Notification of Property Tax refunds due to clerical or assessor error are provided to the City by Mecklenburg County. Pearson Review Update § In accordance with the ordinance approved by the City Council on August 25, 2014, and North Carolina law, a list of refunds, which have been paid since the last City Council Business Meeting as a result of the Pearson Review, is available at the City Clerk’s Office. § The amount of Pearson Review refunds paid since the last City Council Business Agenda Meeting on June 27, 2016, totaled $58,802.50. Attachment List of Taxpayers and Refunds Requested Resolution Property Tax Refunds List of Taxpayers and Refunds Requested Resolution City of Charlotte Page 72 Printed on 7/20/2016 City Council Business Meeting Meeting Agenda July 25, 2016 62. Resolution of Intent to Abandon a Portion of an Alleyway between Brookshire Boulevard and Black Avenue Action: A. Adopt a Resolution of Intent to abandon a portion of an alleyway between Brookshire Boulevard and Black Avenue, and B. Set a public hearing for August 22, 2016. Staff Resource(s): Jeff Boenisch, Transportation Explanation § A portion of an alleyway between Brookshire Boulevard and Black Avenue is located in Council District 2. Attachment Map Resolution CIty Council Map Alleyway between Brookshire and Black Avenue Resolution of Intent to Close a portion of an alleyway between Brookshire Boulevard and Black Avenue 63. Resolution of Intent to Abandon a Portion of Tross Street Action: A. Adopt a Resolution of Intent to abandon a portion of Tross Street, and B. Set a public hearing for August 22, 2016. Staff Resource(s): Jeff Boenisch, Transportation Explanation § A portion Tross Street is located in Council District 1. Attachment Map Resolution City Council Map Tross Street Resolution of Intent to Close a portion of Tross Street 64. Meeting Minutes Action: Approve the titles, motions, and votes reflected in the Clerk’s record as the minutes of: - June 06, 2016, Council Workshop - June 13, 2016, Business Meeting and Budget Adoption - June 20, 2016, Zoning Meeting Staff Resource(s): Stephanie Kelly, City Clerk’s Office City of Charlotte Page 73 Printed on 7/20/2016 City Council Business Meeting Meeting Agenda July 25, 2016 PROPERTY TRANSACTIONS 65. Sale of Property: 8429 East W.T. Harris Boulevard Action: A. Adopt a resolution proposing to accept the offer for $116,000 from Sam’s Investment II, LLC to purchase City-owned real property (parcel tax identification #109-171-04) located at 8429 East W.T. Harris Boulevard, and B. Authorize the advertisement of the proposed sale for upset bids and authorize City Manager to execute all documents necessary to complete the sale of the property in accordance with the Resolution. Staff Resource(s): Tony Korolos, Engineering & Property Management Explanation § The property is a vacant parcel near the intersection of Albemarle Road and East W.T. Harris Boulevard, behind the CATS Park and Ride lot. The property is 1.6 acres and is zoned R-17MF. § An appraisal of the property established fair market value as $116,000. § The parcel is not a candidate for an Affordable Housing Program. The site is not large enough for a typical multi-family housing development in this area. In addition, the site is bound on two sides with roadways resulting in few options for lot assembly. § On April 11, 2016, Sam’s Investments II, LLC presented the highest initial offer, and if approved, will be advertised for upset bid based on the following terms: - Purchase Price of $116,000 (same as the listed price), - Earnest money deposit of $5,800, - Due diligence period of 60 days, and - Closing within 30 days after expiration of the due diligence period. Fiscal Note Funding: Proceeds of the sale will be deposited in the City’s General Fund Attachment Map Resolution Location Map - Sale of Property - 8429 East W.T. Harris Boulevard Resolution for 8429 E WT Harris City of Charlotte Page 74 Printed on 7/20/2016 City Council Business Meeting Meeting Agenda July 25, 2016 66. In Rem Remedy: 908 Matheson Avenue For In Rem Remedy, the public purpose and policy are outlined here. Public Purpose: § Eliminate a blighting influence; § Reduce the proportion of substandard housing; § Increase tax value of property by making land available for potential infill housing development; and § Support public safety initiatives. Policy: § Housing & Neighborhood Development and Community Safety The In Rem Remedy items were initiated from 3 categories: 1. Public Safety - Police and/or Fire Departments 2. Complaint - petition by citizens, tenant complaint, or public agency referral 3. Field Observation - concentrated code enforcement program The In Rem Remedy item is listed below by category identifying the street address and neighborhood. Complaint: (908 Matheson Avenue) Action: Adopt an Ordinance authorizing the use of In Rem Remedy to demolish and remove the structure at (908 Matheson Avenue) (Neighborhood Profile Area 386). Attachment In Rem Packet for (908 Matheson Avenue) In Rem Remedy 908 Matheson Av.pdf City of Charlotte Page 75 Printed on 7/20/2016 City Council Business Meeting Meeting Agenda July 25, 2016 67. In Rem Remedy: 2224 West Boulevard For In Rem Remedy, the public purpose and policy are outlined here. Public Purpose: § Eliminate a blighting influence; § Reduce the proportion of substandard housing; § Increase tax value of property by making land available for potential infill housing development; and § Support public safety initiatives. Policy: § Housing & Neighborhood Development and Community Safety The In Rem Remedy items were initiated from 3 categories: 1. Public Safety - Police and/or Fire Departments 2. Complaint - petition by citizens, tenant complaint, or public agency referral 3. Field Observation - concentrated code enforcement program The In Rem Remedy item is listed below by category identifying the street address and neighborhood. Field Observation: (2224 West Boulevard) Action: Adopt an Ordinance authorizing the use of In Rem Remedy to demolish and remove the structure at (2224 West Boulevard) (Neighborhood Profile Area 120). Attachment In Rem Packet for (2224 West Boulevard) In Rem Remedy 2224 West Bv.pdf City of Charlotte Page 76 Printed on 7/20/2016 City Council Business Meeting Meeting Agenda July 25, 2016 68. In Rem Remedy: 2228 Sanders Avenue For In Rem Remedy, the public purpose and policy are outlined here. Public Purpose: § Eliminate a blighting influence; § Reduce the proportion of substandard housing; § Increase tax value of property by making land available for potential infill housing development; and § Support public safety initiatives. Policy: § Housing & Neighborhood Development and Community Safety The In Rem Remedy items were initiated from 3 categories: 1. Public Safety - Police and/or Fire Departments 2. Complaint - petition by citizens, tenant complaint, or public agency referral 3. Field Observation - concentrated code enforcement program The In Rem Remedy item is listed below by category identifying the street address and neighborhood. Complaint: (2228 Sanders Avenue) Action: Adopt an Ordinance authorizing the use of In Rem Remedy to demolish and remove the structure at (2228 Sanders Avenue) (Neighborhood Profile Area 85). Attachment In Rem Packet for (2228 Sanders Avenue) In Rem Remedy 2228 Sanders Av.pdf City of Charlotte Page 77 Printed on 7/20/2016 City Council Business Meeting Meeting Agenda July 25, 2016 69. In Rem Remedy: 4812 Shaffhausen Place For In Rem Remedy, the public purpose and policy are outlined here. Public Purpose: § Eliminate a blighting influence; § Reduce the proportion of substandard housing; § Increase tax value of property by making land available for potential infill housing development; and § Support public safety initiatives. Policy: § Housing & Neighborhood Development and Community Safety The In Rem Remedy items were initiated from 3 categories: 1. Public Safety - Police and/or Fire Departments 2. Complaint - petition by citizens, tenant complaint, or public agency referral 3. Field Observation - concentrated code enforcement program The In Rem Remedy item is listed below by category identifying the street address and neighborhood. Public Safety: (4812 Shaffhausen Place) Action: Adopt an Ordinance authorizing the use of In Rem Remedy to demolish and remove the structure at (4812 Shaffhausen Place) (Neighborhood Profile Area 144). Attachment In Rem Packet for (4812 Shaffhausen Place) In Rem Remedy 4812 Shaffhausen Pl.pdf City of Charlotte Page 78 Printed on 7/20/2016 City Council Business Meeting Meeting Agenda July 25, 2016 70. In Rem Remedy: 4223 East End Street For In Rem Remedy, the public purpose and policy are outlined here. Public Purpose: § Eliminate a blighting influence; § Reduce the proportion of substandard housing; § Increase tax value of property by making land available for potential infill housing development; and § Support public safety initiatives. Policy: § Housing & Neighborhood Development and Community Safety The In Rem Remedy items were initiated from 3 categories: 1. Public Safety - Police and/or Fire Departments 2. Complaint - petition by citizens, tenant complaint, or public agency referral 3. Field Observation - concentrated code enforcement program The In Rem Remedy item is listed below by category identifying the street address and neighborhood. Public Safety: (4223 East End Street) Action: Adopt an Ordinance authorizing the use of In Rem Remedy to demolish and remove the structure at (4223 East End Street) (Neighborhood Profile Area 385). Attachment In Rem Packet for (4223 East End Street) In Rem Remedy 4223 East End St.pdf City of Charlotte Page 79 Printed on 7/20/2016 City Council Business Meeting Meeting Agenda July 25, 2016 71. In Rem Remedy: 7330 Walterboro Road For In Rem Remedy, the public purpose and policy are outlined here. Public Purpose: § Eliminate a blighting influence; § Reduce the proportion of substandard housing; § Increase tax value of property by making land available for potential infill housing development; and § Support public safety initiatives. Policy: § Housing & Neighborhood Development and Community Safety The In Rem Remedy items were initiated from 3 categories: 1. Public Safety - Police and/or Fire Departments 2. Complaint - petition by citizens, tenant complaint, or public agency referral 3. Field Observation - concentrated code enforcement program The In Rem Remedy item is listed below by category identifying the street address and neighborhood. Complaint: (7330 Walterboro Road) Action: Adopt an Ordinance authorizing the use of In Rem Remedy to demolish and remove the structure at (7330 Walterboro Road) (Neighborhood Profile Area 91). Attachment In Rem Packet for (7330 Walterboro Road) In Rem Remedy 7330 Walterboro Rd.pdf City of Charlotte Page 80 Printed on 7/20/2016 City Council Business Meeting Meeting Agenda July 25, 2016 72. Aviation Property Transactions - 4837 Morris Field Drive Action: Approve the following property transaction. Project: Airport Master Plan Land Owner(s): Morrison Building, LLC Property Address: 4837 Morris Field Drive Total Parcel Area: 15.326 acres Property to be acquired by Easements: N/A Structures/Improvements to be impacted: None Landscaping to be impacted: Tress and shrubs Zoned: B-1 (CD) & B-D (CD) Use: Commercial - Vacant Tax Code: 115-073-01 & 115-073-05 Purchase Price: $3,275,000 Council District: 3 73. Aviation Property Transaction - 6125 Wilkinson Boulevard Action: Approve the following property transaction. Project: Airport Master Plan Land Owner(s): Homestead Lodge LTD Partnership 32 #2 Property Address: 6125 Wilkinson Boulevard Total Parcel Area: 2.13 acres Property to be acquired by Easements: N/A Structures/Improvements to be impacted: Commercial Structures Landscaping to be impacted: Trees and shrubs Zoned: I-2 Use: Industrial Tax Code: 113-012-15 Purchase Price: $4,200,000 and all relocation benefits in compliance with federal, state, and local regulations. Council District: 3 City of Charlotte Page 81 Printed on 7/20/2016 City Council Business Meeting Meeting Agenda July 25, 2016 74. Property Transactions - Briar Creek Relief Sewer Phase III, Parcel #119.1 Action: Approve the following Condemnation: Briar Creek Relief Sewer Phase III, Parcel #119.1 Project: Briar Creek Relief Sewer Phase III, Parcel #119.1 Owner(s): Jonl R.Summers-Ruston Property Address: 6701 Somersworth Drive Total Parcel Area: 15,894 sq. ft. (.365 ac.) Property to be acquired by Easements: 244 sq. ft. (.006 ac.) in Utility Easement Structures/Improvements to be impacted: None Landscaping to be impacted: None Zoned: R-4 Use: Single-family Residential Tax Code: 097-051-12 Appraised Value: $150 Outstanding Concerns: The property owner is non-responsive. Recommendation: To avoid delay in the project schedule, staff recommends proceeding to condemnation during which time negotiations can continue, mediation is available and if necessary, just compensation can be determined by the court. Council District: 5 75. Property Transactions - Briar Creek Relief Sewer Phase III, Parcel #124 Action: Approve the following Condemnation: Briar Creek Relief Sewer Phase III, Parcel #124 Project: Briar Creek Relief Sewer Phase III, Parcel #124 Owner(s): Roberta B. Kincaid Property Address: 6815 Somersworth Dr Total Parcel Area: 26,386 sq. ft. (.606 ac.) Property to be acquired by Easements: 1,093 sq. ft. (.025 ac.) in Utility Easement Structures/Improvements to be impacted: None Landscaping to be impacted: Trees and various plantings Zoned: R-4 Use: Single-family Residential Tax Code: 097-044-04 Appraised Value: $950 Outstanding Concerns: The property owner is non-responsive. Recommendation: To avoid delay in the project schedule, staff recommends proceeding to condemnation during which time negotiations can continue, mediation is available and if necessary, just compensation can be determined by the court. Council District: 5 City of Charlotte Page 82 Printed on 7/20/2016 City Council Business Meeting Meeting Agenda July 25, 2016 76. Property Transactions - Frazier Avenue Realignment, Parcel #69.1 Action: Approve the following Condemnation: Frazier Avenue Realignment, Parcel #69.1 Project: Frazier Avenue Realignment, Parcel #69.1 Owner(s): 1500 West Trade, LLC Property Address: 1500 West Trade Street Total Parcel Area: 10,248 sq. ft. (.235 ac.) Property to be acquired by Fee: 4,504 sq. ft. (.103 ac.) in Fee Simple Property to be acquired by Easements: 1,660 sq. ft. (.038 ac.) in Sidewalk and Utility Easement, plus 4,084 sq. ft. (.094 ac.) in Temporary Construction Easement Structures/Improvements to be impacted: None Landscaping to be impacted: None Zoned: B-1 Use: Commercial Tax Code: 078-181-08 Appraised Value: $125,175 Property Owner’s Concerns: The property owner is concerned with the compensation amount. City’s Response to Property Owner’s Concerns: Staff informed the property owner that due to the business being dissolved, condemnation was needed in order to obtain clear title. Recommendation: To obtain clear title and avoid delay in the project schedule, staff recommends proceeding to condemnation. Council District: 2 77. Property Transactions - Frazier Avenue Realignment, Parcels #65.1 and 67.1 Action: Approve the following Condemnation: Frazier Avenue Realignment, Parcels #65.1 and 67.1 Project: Frazier Avenue Realignment, Parcels #65.1 and 67.1 Owner(s): TA&S Enterprise of NC, Inc. Property Address: 1512 and 1520 West Trade Street Total Parcel Area: 44,626 sq. ft. (1.024 acres) Property to be acquired by Fee: 1,670 sq. ft. (.038 ac.) in Fee Simple Property to be acquired by Easements: 1,812 sq. ft. (.042 ac.) in Sidewalk and Utility Easement, plus 5,403 sq. ft. (.124 ac.) in Temporary Construction Easement Structures/Improvements to be impacted: None Landscaping to be impacted: None Zoned: B-1 Use: Commercial Tax Code: 078-181-06, 078-181-07 Appraised Value: $52,025 Property Owner’s Concerns: The property owner is concerned with the compensation offer. City’s Response to Property Owner’s Concerns: Staff informed the property owner that they could obtain an appraisal to support their counter offer. Recommendation: To avoid delay in the project schedule, staff recommends proceeding to condemnation during which time negotiations can continue, mediation is available and if necessary, just compensation can be determined by the court. Council District: 2 City of Charlotte Page 83 Printed on 7/20/2016 City Council Business Meeting Meeting Agenda July 25, 2016 78. Property Transactions - Lyon Court Storm Drainage Improvement Project, Parcel #138 Action: Approve the following Condemnation: Lyon Court Storm Drainage Improvement Project, Parcel #138 Project: Lyon Court Storm Drainage Improvement Project, Parcel #138 Program: Flood Control Owner(s): Lucianne Cronin and Danna Ray Property Address: 1645 Nassau Boulevard Total Parcel Area: 14,052 sq. ft. (.323 ac.) Property to be acquired by Easements: 1,985 sq. ft. (.046 ac.) in Storm Drainage Easement, plus 1,111 sq. ft. (.026 ac.) in Temporary Construction Easement Structures/Improvements to be impacted: None Landscaping to be impacted: Trees and various plantings Zoned: R-5 Use: Single-family Residential Tax Code: 095-079-37 Appraised Value: $38,550 Property Owner’s Counteroffer: $90,000 Property Owner’s Concerns: The property owner disagrees with the design and the compensation amount. City’s Response to Property Owner’s Concerns: Staff explained that the current design is the most appropriate design. It was also suggested for the property owner to obtain their own appraisal from an MAI certified appraiser. Recommendation: To avoid delay in the project schedule, staff recommends proceeding to condemnation during which time negotiations can continue, mediation is available and if necessary, just compensation can be determined by the court. Council District: 1 79. Property Transactions - Elizabeth Phase 1 Connectivity, Parcel #2 Action: Approve the following Acquisition: Elizabeth Phase 1 Connectivity, Parcel #2 Project: Elizabeth Phase 1 Connectivity, Parcel #2 Owner(s): Spencer Douglas Michael Property Address: 417 Bascom Street Total Parcel Area: 15,116 sq. ft. (.347 ac.) Property to be acquired by Fee: 15,116 sq. ft. (.347 ac.) in Fee Simple Structures/Improvements to be impacted: None Landscaping to be impacted: None Use: Single-family Residential Tax Code: 127-093-07 Purchase Price: $147,000 Council District: 1 City of Charlotte Page 84 Printed on 7/20/2016 City Council Business Meeting Meeting Agenda July 25, 2016 80. Property Transactions - Lyon Court Storm Drainage Improvement Project, Parcel #75 Action: Approve the following Acquisition: Lyon Court Storm Drainage Improvement Project, Parcel #75 Project: Lyon Court Storm Drainage Improvement Project, Parcel #75 Program: Flood Control Owner(s): BellSouth Telecommunications, LLC Property Address: 1533 Iris Drive Total Parcel Area: 10,000 sq. ft. (.230 ac.) Property to be acquired by Easements: 1,276 sq. ft. (.029 ac.) in Storm Drainage Easement, plus 1,494 sq. ft. (.034 ac.) in Access Easement, plus 3,086 sq. ft. (.071 ac.) in Temporary Construction Easement Structures/Improvements to be impacted: None Landscaping to be impacted: Trees Zoned: B-1 Use: Commercial Tax Code: 129-021-07 Purchase Price: $32,800 Council District: 1 City of Charlotte Page 85 Printed on 7/20/2016 City Council Business Meeting Meeting Agenda July 25, 2016 REFERENCES City of Charlotte Page 86 Printed on 7/20/2016 City Council Business Meeting Meeting Agenda July 25, 2016 81. Reference - Charlotte Business INClusion Policy The following excerpts from the City’s Charlotte Business INClusion Policy are intended to provide further explanation for those agenda items which reference the Charlotte Business INClusion Policy in the business meeting agenda. Part A: Administration & Enforcement Appendix Section 20: Contract: For the purposes of establishing an MWSBE subcontracting goal on a Contract, the following are examples of contract types: § Any agreement through which the City procures services from a Business Enterprise, other than Exempt Contracts. § Contracts include agreements and purchase orders for (a) construction, re-construction, alteration and remodeling; (b) architectural work, engineering, surveying, testing, construction management and other professional services related to construction; and (c) services of any nature (including but not limited to general consulting and technology-related services) , and (d) apparatus, supplies, goods or equipment. § The term “Contract” shall also include Exempt Contracts for which an SBE, MBE or WBE Goal has been set. § Financial Partner Agreements, Development Agreements, and Construction Manager-at-Risk Agreements shall also be deemed “Contracts,” but shall be subject to the provisions referenced in the respective Parts of the Charlotte Business INClusion Program Policy. Appendix Section 27: Exempt Contracts: Contracts that fall within one or more of the following categories shall be “Exempt Contracts” from all aspects of the Charlotte Business INClusion Policy, unless the Department responsible for procuring the Contract decides otherwise: No Competitive Process Contracts: Contracts or purchase orders that are entered into without a competitive process, or entered into based on a competitive process administered by an entity other than the City shall be Exempt Contracts, including but not limited to contracts that are entered into by sole sourcing, piggybacking, buying off the North Carolina State contract, buying from a competitive bidding group purchasing program as allowed under G.S. 143-129(e)(3), or using the emergency procurement procedures established by the North Carolina General Statutes. Managed Competition Contracts: Managed competition contracts pursuant to which a City Department or division competes with Business Enterprises to perform a City function shall be Exempt Contracts. Real Estate Leasing and Acquisition Contracts: Contracts for the acquisition or lease of real estate shall be Exempt Contracts. Federal Contracts Subject to DBE Requirements: Contracts that are subject to the U.S. Department of Transportation Disadvantaged Business Enterprise Program as set forth in 49 CFR Part 26 or any successor legislation shall be Exempt Contracts. State Contracts Subject to MWBE Requirements: Contracts for which a minority and women business participation goal is set pursuant to G.S. 143-128.2(a) due to a building project receiving funding from the State of North Carolina shall be Exempt Contracts. Financial Partner Agreements with DBE or MWBE Requirements: Contracts that are subject to a disadvantaged business development program or minority and women business development program maintained by a Financial Partner shall be Exempt Contracts. Interlocal Agreements: Contracts with other units of federal, state, or local government shall be Exempt Contracts. Contracts for Legal Services: Contracts for legal services shall be Exempt Contracts, unless otherwise indicated by the City Attorney. Contracts with Waivers: Contracts for which the SBO Program Manager or the City Manager waives the SBO Program requirements shall be Exempt Contracts (such as when there are no SBE subcontracting City of Charlotte Page 87 Printed on 7/20/2016 City Council Business Meeting Meeting Agenda July 25, 2016 opportunities on a Contract). Special Exemptions: Contracts where the Department and the Program Manager agree that the Department had no discretion to hire an SBE (e.g., emergency contracts or contracts for banking or insurance services) shall be Exempt Contracts. Appendix Section 35: Informal Contracts: Contracts and purchase orders through which the City procures services from a Business Enterprise that fall within one of the following two categories: Construction Contracts Less Than or Equal To $500,000: Service and Commodities Contracts That Are Less Than or Equal To $100,000: Part B: Formal Construction Bidding Part B: Section 2.1: When the City Solicitation Documents for a Construction Contract contain an MWSBE Goal, each Bidder must either: (a) meet the MWSBE Goal, or (b) comply with the Good Faith Negotiation and Good Faith Efforts requirements. Failure to do so constitutes grounds for rejection of the Bid. The City Solicitation Documents will contain certain forms that Bidders must complete to document having met these requirements. Part B: Section 2.3: No Goals When There Are No Subcontracting Opportunities. The City shall not establish Subcontracting Goals for Contracts where: a) there are no subcontracting opportunities identified for the Contract; or b) there are no SBEs, MBEs or WBEs (as applicable) to perform scopes of work or provide products or services that the City regards as realistic opportunities for subcontracting. Part C: Services Procurement Part C: Section 2.1: When the City Solicitation Documents for a Service Contract do not contain an SBE Goal, each Proposer must negotiate in good faith with each MWSBE that responds to the Proposer’s solicitations and each MWSBE that contacts the Proposer on its own accord. Additionally, the City may negotiate a Committed SBE Goal with the successful Proposer after the Proposal Opening. Part C: Section 2.1: No Goal When There Are No MWSBE Subcontracting Opportunities. The City shall not establish an MWSBE Goal for Service Contracts where there are no MWSBEs certified to perform the scopes of work that the City regards as realistic opportunities for subcontracting. Part D: Post Contract Award Requirements Part D: Section 6: New Subcontractor Opportunities/Additions to Scope, Contract Amendments If a Contractor elects to subcontract any portion of a Contract that the Contractor did not previously identify to the City as a subcontracting opportunity, or if the scope of work on a Contract increases for any reason in a manner that creates a new MWSBE subcontracting opportunity, the City shall either: § Notify the Contractor that there will be no Supplemental MWSBE Goal for the new work; or § Establish and notify the Contractor of a Supplemental MWSBE Goal for the new work. City of Charlotte Page 88 Printed on 7/20/2016 City Council Business Meeting Meeting Agenda July 25, 2016 82. Reference - Property Transaction Process Property Transaction Process Following Council Approval for Condemnation The following overview is intended to provide further explanation for the process of property transactions that are approved by City Council for condemnation. Approximately six weeks of preparatory work is required before the condemnation lawsuit is filed. During this time, City staff continues to negotiate with the property owner in an effort to reach a mutual settlement. § If a settlement is reached, the condemnation process is stopped, and the property transaction proceeds to a real estate closing. § If a settlement cannot be reached, the condemnation lawsuit is filed. Even after filing, negotiations continue between the property owner and the City’s legal representative. Filing of the condemnation documents allows: - The City to gain access and title to the subject property so the capital project can proceed on schedule. - The City to deposit the appraised value of the property in an escrow account with the Clerk of Court. These funds may be withdrawn by the property owner immediately upon filing, and at any time thereafter, with the understanding that additional funds transfer may be required at the time of final settlement or at the conclusion of litigation. § If a condemnation lawsuit is filed, the final trial may not occur for 18 to 24 months; however, a vast majority of the cases settle prior to final trial. The City’s condemnation attorney remains actively engaged with the property owner to continue negotiations throughout litigation. - North Carolina law requires that all condemnation cases go through formal non-binding mediation, at which an independent certified mediator attempts to facilitate a successful settlement. For the minority of cases that do not settle, the property owner has the right to a trial by judge or jury in order to determine the amount of compensation the property owner will receive. City of Charlotte Page 89 Printed on 7/20/2016 City Council Business Meeting Meeting Agenda July 25, 2016 83. Reference - Property Acquisitions and Condemnations § The City has negotiated in good faith to acquire the properties set forth below § For acquisitions, the property owner and staff have agreed on a price based on appraisals and/or estimates. § In the case of condemnations, the value was established by an independent, certified appraisal followed by a third-party appraisal review. § Real Estate staff diligently attempts to contact all property owners by: - Sending introductory letters via regular and certified mail, - Making several site visits, - Leaving door hangers and business cards, - Seeking information from neighbors, - Searching the internet, - Obtaining title abstracts, and - Leave voice messages. § For most condemnation cases, City staff and the property owner(s) have been unable to reach a settlement. In some cases, condemnation is necessary to ensure a clear title to the property. § If the City Council approves the resolutions, the City Attorney’s office will initiate condemnation proceedings. As part of the condemnation process, real estate staff and the City Attorney’s Office will continue to negotiate, including court-mandated mediation, in an attempt to resolve the matter. Most condemnation cases are settled by the parties prior to going to court. § If a settlement cannot be reached, the case will proceed to a trial before a judge or jury to determine “just compensation.” § Full text of each resolution is on file with the City Clerk’s Office. § The definition of easement is a right created by grant, reservation, agreement, prescription, or necessary implication, which one has in the land of another, it is either for the benefit of land, such as right to cross A to get to B, or “in gross,” such as public utility easement. § The definition of fee simple is an estate under which the owner is entitled to unrestricted powers to dispose of the property, and which can be left by will or inherited, commonly, synonym for ownership. City of Charlotte Page 90 Printed on 7/20/2016 City Council Business Meeting Meeting Agenda July 25, 2016 Adjournment City of Charlotte Page 91 Printed on 7/20/2016