City Council Business Meeting

City of Charlotte Charlotte-Mecklenburg Government Center 600 East 4th Street Charlotte, NC 28202 Meeting Agenda Monday, August 22, 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 August 22, 2016 CITY COUNCIL MEETING Monday, August 22, 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 58 Public Auction for Disposal of Surplus Equipment 59 Surplus Computer and Related Equipment Disposal Services 73 Property Transactions - Nelson Avenue 309, Parcel #2 74 Property Transactions - Nelson Avenue 309, Parcel #3 City of Charlotte Page 2 Printed on 8/19/2016 City Council Business Meeting Meeting Agenda August 22, 2016 5:00 P.M. DINNER BRIEFING, CHARLOTTE-MECKLENBURG GOVERNMENT CENTER, ROOM 267 1. Mayor and Council Consent Item Questions Staff Resource(s): Ann Wall, 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. City of Charlotte Page 3 Printed on 8/19/2016 City Council Business Meeting Meeting Agenda August 22, 2016 2. Fiscal Year 2017 Services Inventory Update Committee Chair: Council member Greg Phipps, Budget Committee Staff Resource(s): Kim Eagle, Management & Financial Services Time: 15 minutes Explanation § The purpose of this presentation is to begin the process of evaluating the inventory of services the City currently provides. This work will focus on the General Fund and will include a review of operating and capital costs, the policy or mandate underpinning each service, the results the City is currently achieving, and the identification of current and projected resource gaps. § The Services Review will accomplish the following: - Provide a common foundation of knowledge pertaining to current City service delivery and associated financial implications, - Create a framework for Fiscal Year 2018 budget development deliberations that begin in January, and - Provide a work plan to address two key strategic needs: § A plan to address structural budget challenges, such as growing public safety demands, unfunded infrastructure needs, and employee compensation and technology funding and, § The development of a long-term financial viability strategy to include the consideration of Charlotte’s projected growth, the appropriate balance of revenue sources, potential for alternative revenues, and the pursuit of related legislation. A citizen committee or other structure, as determined by the City Council, to begin work upon completion of the services review effort. Background § At the April 20, 2016, City Council Budget Workshop, staff presented information on current services including program summaries for each General Fund Department outlining Fiscal Year 2016 costs and number of positions and Fiscal Year 2017 budget requests associated with each program. § On June 13, 2016, City Council approved the Future Work Plan for Fiscal Year 2018 Budget Planning, including conducting a detailed review of all services provided by the City of Charlotte. The purpose of the review is to evaluate current services and the level of service provided. Future Action § In October 2016, staff will present the draft Fiscal Year 2017 Services Review update to the City Council Budget Committee for review and discussion. § At the November 10 and December 8 City Council Workshops, staff will present the Fiscal Year 2017 Services Inventory results by department for City Council discussion and feedback. City of Charlotte Page 4 Printed on 8/19/2016 City Council Business Meeting Meeting Agenda August 22, 2016 3. CityLYNX Gold Line Phase 2 Staff Resource(s): John Lewis, CATS Jeb Blackwell, Engineering & Property Management David McDonald, CATS Time: 45 minutes Explanation § The purpose of the presentation is to provide an update on the CityLYNX Gold Line Phase 2. § The presentation will include a project status update; in particular current activities, vehicle procurement, and construction bid process. Future Action § Staff anticipates bringing the following actions to the City Council Business agenda over the next four months: - A budget ordinance appropriating a federal grant (September), - Property acquisitions (September - December), - Contract for purchase of modern streetcar vehicles (November), and - Contract for construction (November). 4. Answers to Mayor and Council Consent Item Questions Staff Resource(s): Ann Wall, 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)(4) to go into closed session to discuss matters relating to the location of an industry or business in the City of Charlotte, including potential economic development incentives that may be offered in negotiations. City of Charlotte Page 5 Printed on 8/19/2016 City Council Business Meeting Meeting Agenda August 22, 2016 Call to Order Roll Call Introductions Invocation Pledge of Allegiance City of Charlotte Page 6 Printed on 8/19/2016 City Council Business Meeting Meeting Agenda August 22, 2016 6:30 P.M. AWARDS AND RECOGNITION AND CITIZENS' FORUM 6. National Sickle Cell Month Action: Mayor Roberts will read a proclamation recognizing the month of September as National Sickle Cell Month. City of Charlotte Page 7 Printed on 8/19/2016 City Council Business Meeting Meeting Agenda August 22, 2016 7. Consent agenda items 19 through 76 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 8 Printed on 8/19/2016 City Council Business Meeting Meeting Agenda August 22, 2016 ZONING 8. Rezoning Petition 2016-T001 Action: Render a decision on petition 2016-T001 by Engineering & Property Management and the Charlotte-Mecklenburg Planning Department - Text amendment to Sections 21-2, 21-95, and 21-96 of the Charlotte Tree Ordinance. Staff Resource(s): Shannon Frye, Planning Laurie Dukes, Engineering & Property Management Explanation § The public hearing on this text amendment was held on July 18, 2016. § The petition proposes to revise the Tree Ordinance to: - Clarify definition of single-family development, - Limit the applicability of the tree save incentives to single-family development sites that are subject to the subdivision ordinance, and - Require a perimeter tree save buffer for developments with greater than 25% tree save. § The Zoning Committee found the text amendment to be consistent with the Centers, Corridors and Wedges Growth Framework goal to maintain a healthy and flourishing tree canopy. Therefore, the text amendment was found to be reasonable and in the public interest based on the staff analysis and the public hearing. § The Zoning Committee voted 4 to 2 to recommend APPROVAL of this petition. § Staff agrees with the recommendation of the majority of the Zoning Committee. Attachment Zoning Committee Recommendation Staff Analysis Text Amendment Follow-up to Tree Ordinance Public Hearing Plats Tree Save Location Areas 2016-T001 - Zoning Committee Recommendation PLAN_Zone Petition 2016-T001_Staff Analysis_8-22-16_1 2016-T001 Text Amendment Followup to Tree Ordinance public hearing.8.19.16.docx Plats Tree Save Chart.8.19.16 City of Charlotte Page 9 Printed on 8/19/2016 City Council Business Meeting Meeting Agenda August 22, 2016 9. Rezoning Petition 2016-091 Action: Render a decision on petition 2016-091 by Saussy Burbank, LLC - From MUDD-O (mixed-use development, optional), and - To MUDD-O SPA (mixed-use development, optional, site plan amendment) with five-year vested rights. Staff Resource(s): Tammie Keplinger, Planning Explanation § The public hearing on this rezoning petition was held on July 18, 2016. § Approximately 1.4 acres located on the north side of North Davidson Street between East 33rd Street and North Brevard Street (Council District 1 - Kinsey). § The petition seeks a site plan amendment to construct up to 35 single-family attached units on two areas currently used as surface parking on the site of the existing Highland Mill No. 3 in the North Davidson neighborhood. The site and the mill are locally designated historic landmarks. § The Zoning Committee found the proposed land use to be consistent with the Blue Line Extension Transit Station Area Plan recommendation for transit supportive uses; however, the petition is inconsistent with the adopted streetscape recommendations for North Davidson Street and North Brevard Street and does not implement the active ground floor retail street elements along North Davidson Street within the plan. However, the petition was found to be reasonable and in the public interest based on the staff analysis and the public hearing. § The Zoning Committee voted 5 to 0 recommend APPROVAL of this petition with the noted modifications. § Staff agrees with the recommendation of the Zoning Committee. Attachment Zoning Committee Recommendation Staff Analysis Vicinity Map Locator Map Site Plan 2016-91_ZC Reco_072716 final 2016-091_staff_071816_final_final 2016-091 vicinity map 2016-091 rezoning map revised4 2016-091_RevSitePlan_07-21-2016 City of Charlotte Page 10 Printed on 8/19/2016 City Council Business Meeting Meeting Agenda August 22, 2016 PUBLIC HEARING City of Charlotte Page 11 Printed on 8/19/2016 City Council Business Meeting Meeting Agenda August 22, 2016 10. Public Hearing on a Resolution to Close a Portion of Tross Street Action: A. Conduct a public hearing to close a portion of Tross Street, and B. Adopt a resolution to close a portion of Tross 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 Tross Street is located in Council District 1. Petitioners Ms. Donnetta Collier - Self-Help Community Development Center Right-of-Way to be Abandoned A Portion of Tross Street is an unopened right-of-way located between Leroy Street and Stancill Place. Reason The petitioner intends to incorporate the right-of-way into the abutting land in order to accommodate a future affordable housing development. 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) Joeisha A. Collins - No objections Marvin E. Price & Jeanette Price - No objections Neighborhood/Business Association(s) Grier Heights Economic Foundation - 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. Attachment Map City of Charlotte Page 12 Printed on 8/19/2016 City Council Business Meeting Meeting Agenda August 22, 2016 Resolution City Council Map Tross Street Resolution to Close an a portion of Tross Street City of Charlotte Page 13 Printed on 8/19/2016 City Council Business Meeting Meeting Agenda August 22, 2016 11. Public Hearing on a Resolution to Close a Portion of an Alleyway between Brookshire Boulevard and Black Avenue Action: A. Conduct a public hearing to close a Portion of an alleyway between Brookshire Boulevard and Black Avenue, and B. Adopt a resolution to close a Portion of an alleyway between Brookshire Boulevard and Black Avenue. 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 between Brookshire Boulevard and Black Avenue is located in Council District 2. Petitioners Quik Trip Corporation - Judy Allie Right-of-Way to be Abandoned The portion an alleyway between Brookshire Boulevard and Black Avenue is bound by N. Hoskins Road, Black Avenue, N. Cloudman Street, and Brookshire Boulevard. Reason The petitioner intends to reassemble the abutting properties to include a portion of an alleyway between Brookshire Boulevard and Black Avenue. The assembly of this land is consistent with rezoning petition #2016-084 submitted by Quik Trip Corporation, and was approved by City Council on June 20, 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) Pert Investment, LLC - No objections Marilyn L London, Trustee: The Marilyn L. London Living Trust, dated June 29, 2007 - No objection Thanh Ta & Ha To Ta - No objections Encarnacion US Property1, LLC - No objections Neighborhood/Business Association(s) Hoskins Community - Notified/no comments Private Utility Companies - No objections City Departments Review by City departments identified no apparent reason this closing would: City of Charlotte Page 14 Printed on 8/19/2016 City Council Business Meeting Meeting Agenda August 22, 2016 § Be contrary to the public interest; § Deprive any individual(s) owning property in the vicinity of reasonable means of ingress and egress to his property as outlined in the statutes; and § Be contrary to the adopted policy to preserve existing rights-of-way for connectivity. Attachment Map Resolution CIty Council Map Alleyway between Brookshire and Black Avenue Resolution to Close a portion of an alleyway between Brookshire Boulevard and Black Avenue 12. Public Hearing on Voluntary Annexation Action: A. Hold a public hearing for the Robinson Church voluntary annexation, and B. Adopt an ordinance with an effective date of August 22, 2016, to extend the corporate limits to include this property and assign it to the adjacent City Council District 5. Staff Resource(s): Jonathan Wells, Planning Explanation § Public hearings to obtain community input are required prior to City Council taking action on annexation requests. § A petition has been received from the owners of this 266.73 acre property located in the 8800 block of Robinson Church Road in eastern Mecklenburg County. § The property is owned by LGI Homes. § The property is currently vacant and is zoned R-3 single-family residential. § The property is located within Charlotte’s extraterritorial jurisdiction and shares boundaries with current city limits. § Annexation of this property will allow for more orderly extension of City development review, City services and capital investments in the future. § The effective annexation date for this property is August 22, 2016. § The Annexation Ordinance assigns the annexed area to adjacent City Council District 5. Consistent with City Council Policies § The 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 unincorporated areas will be encompassed by new City limits. Attachment Map Annexation Ordinance Map - Voluntary Annexation Ordinance - Voluntary Annexation City of Charlotte Page 15 Printed on 8/19/2016 City Council Business Meeting Meeting Agenda August 22, 2016 POLICY 13. City Manager’s Report City of Charlotte Page 16 Printed on 8/19/2016 City Council Business Meeting Meeting Agenda August 22, 2016 BUSINESS 14. National Basketball Association All-Star Game Action: Approve a letter agreement among the National Basketball Association, the City of Charlotte, the Charlotte Regional Visitors Authority, Charlotte Arena Operations, LLC, and Hornets Basketball, LLC that, among other things, states that if the National Basketball Association decides to hold the 2019 All-Star Weekend in Charlotte, the material terms and conditions of the 2017 All-Star Weekend City Services Agreement shall apply in substantially similar force and effect with respect to the 2019 All-Star Weekend. Staff Resource(s): Ron Kimble, Interim City Manager Bob Hagemann, City Attorney’s Office Explanation § On July 27, 2015, the City Council approved a City Services Agreement that described specific services, event support, licensing, advertising, and permitting commitments with the National Basketball Association (NBA) for the 2017 All-Star Game in Charlotte. § Through an agreement with the Charlotte Regional Visitors Authority, the City’s contribution for the City services was capped at $600,000. § On July 21, 2016, the NBA announced that the 2017 All-Star Game would not be held in Charlotte, but left open the possibility of awarding the 2019 game to Charlotte. § In an effort to avoid having to negotiate various agreements, including the City Services Agreement, from scratch, the NBA, the Charlotte Regional Visitors Authority, the Hornets Basketball, LLC, and the City have developed a letter agreement that provides that the material terms and conditions of the agreements would apply in substantially similar force and effect with respect to the 2019 All-Star Game weekend should the NBA award the game to Charlotte. Attachment Letter Agreement City Services Agreement NBA All-Star Weekend- Letter Agreement - 8 10 2016 final NBA All-Star Game - City Services Agreement City of Charlotte Page 17 Printed on 8/19/2016 City Council Business Meeting Meeting Agenda August 22, 2016 15. Joint Communications Center Action A. Approve contract amendment #1 for $1,456,105 with Little Diversified Architectural Consulting Inc. for architectural and engineering services, B. Approve a contract in the amount of $53 million with Rodgers Leeper I (A Joint Venture between Rodgers Builders, Inc. and RJ Leeper Construction) for construction manager at risk services, and C. Adopt a budget ordinance appropriating an additional $8.3 million in Certificates of Participation Notes from unallocated debt capacity. Committee Chair: Council member Julie Eiselt, Community Safety Staff Resource(s): Jon Hannan, Fire Kerr Putney, Police William Haas, Engineering & Property Management Kim Eagle, Management & Financial Services Explanation § The Joint Communications Center will be constructed at 1222 Statesville Avenue and will provide space for the following: - Police and Fire 911 Communication Center, - Emergency Operation Center, and - CharMeck 311 Call Center. § The facility is designed to handle day-to-day emergency operations and serve as a central hub for emergency management. It will contain 82,914 square feet on four floors and accommodate capacity for further expansion. § At the April 6, 2016, Budget Workshop, the City Manager presented to the City Council the Fiscal Year 2017 Community Investment Plan requests. - As part of the presentation, the City Manager included a request for an additional $12.6 million in funding for the Joint Communication Center. - At that time, the City Council asked the Community Safety Committee to review the project and discuss the need for the additional funding. § At the April 13, 2016, Community Safety Committee meeting, staff presented an overview of the project and provided details on the $12.6 million budget request. - Following the presentation, the Committee requested follow-up information on the purpose of the project and had further discussion on the need for additional funding (attachment dated June 16, 2016 includes the Committee’s questions and staff responses). - The Committee asked about options to reduce the original $12.6 million request and not compromise the functionality of the facility. § At the June 16, 2016 Committee meeting, staff shared the responses to previous questions and presented a revised budget request of $8.3 million. § The $4.3 million reduction was derived by: - Removing the Real Time Crime Center from the project (maintaining its correct location at the Charlotte-Mecklenburg Police Department Headquarters), - Reducing the number of radio operator consoles in the building to the quantity needed on opening day. Additional radio operator consoles can be added in the future as the need arises. - Re-imagining the way the Emergency Operations Center functions, and - Reducing the amount of furniture purchased to the quantity needed on opening day. City of Charlotte Page 18 Printed on 8/19/2016 City Council Business Meeting Meeting Agenda August 22, 2016 § On June 16, 2016, the Committee voted unanimously (Eiselt, Austin, Fallon, Phipps, and Smith) to recommend to the full City Council to move forward with the project and approval of the additional funding. § On July 25, 2016, staff gave a dinner presentation to the full City Council on the project and described the need for additional funding. § On August 10, 2016, staff submitted additional information in a Council-Manager Memo. Action A § Contract amendment #1 for $1,456,105 is necessary because of scope changes associated with the: - Addition of a public street, - Site and building hardening of the facility for safety and security, - Redundant technology design for data rooms, racks, cabling, switches, etc., and - Redesign due to changes in the electrical code. § On January 13, 2014, the City Council approved a design contract for $4.9 million with Little Diversified Consulting Inc. § The total contract amount including this amendment will be $6,356,105. Action B § On April 14, 2014, the City selected Rodgers Leeper I (Rodgers) to be the project’s Construction Manager At Risk through the Council-approved selection process. § As the construction manager at risk, Rodgers will be responsible for: - Monitoring the design process for adherence to the project budget, - Scheduling and managing all phases of construction and the performance of all of its subcontractors in the construction of the project, - Pre-qualifying first tier sub-contractors as required by state statute and the City of Charlotte Prequalification Guidelines, - Organizing the work into bid packages, conducting a public bidding process for each subcontracting opportunity, and awarding each package to the lowest, responsive, responsible bidder, and - Managing construction to completion under state of North Carolina Construction Manager At Risk statute. § The contract will provide the funding for Rodgers to award the construction bid packages through an Initial Guaranteed Maximum Price. § After the construction bid packages have been awarded, the City and Rodgers will convert this contract to a Guaranteed Maximum Price at which point Rodgers will bear the risk to complete the project within the agreed upon schedule and budget as long as there are no owner requested changes. § It is anticipated that Rodgers will complete the building in the third quarter 2019. At that point, the technology can be installed in the building and fully tested before the building becomes operational in early 2020. Action C § Currently $46.2 million in unallocated debt capacity is placed in reserve and is available for programming. These funds are held in reserve for matching funds and unanticipated opportunities. The budget ordinance will appropriate $8.3 million of the $46.2 million in unallocated General debt capacity. Charlotte Business INClusion Action A All additional work involved in this amendment will be performed by the existing subconsultants. (Part D: Section 6 of the Charlotte Business INClusion Policy). Action B City of Charlotte Page 19 Printed on 8/19/2016 City Council Business Meeting Meeting Agenda August 22, 2016 The City has established an overall MSBE aggregate project goal of 18% including a 16% SBE goal and 13% MBE goal. Because this is a Construction Manager at Risk project, the Construction Manager has the opportunity to add on Small Business Enterprise (SBE) and Minority Business Enterprise (MBE) firms throughout the life of the project. Therefore, Engineering & Property Management will continue to work closely with Rodgers Leeper I throughout the life of this project to ensure that every effort is made by the contractor to maximize MSBE participation. Fiscal Note Funding: General Community Investment Plan Attachment Community Safety Committee Presentations: April 13, 2016, and June 16, 2016 Map Information sheet of Questions and Staff Responses dated June 16, 2016 Budget Ordinance JCC_4-13-16 ppt_7-25-16_attach pdf JCC_6-16-16 ppt_7-25-16_attach pdf Location Map - Joint Communications Center Architectural and Engineering Services Amendment JCC Memo aew.doc EPM ord 072516 JCC City of Charlotte Page 20 Printed on 8/19/2016 City Council Business Meeting Meeting Agenda August 22, 2016 16. Airport Concourse A Expansion - Construction Manager At Risk Action: A. Approve a contract in an amount up to $120,579,586 with Turner-Rodgers, A Joint Venture, for Construction Management At Risk services for the Concourse A Expansion Phase I, B. Approve a contract in the amount of $620,000 with Amec Foster Wheeler Environment & Infrastructure, Inc. for construction materials testing and special inspections, and C. Adopt a budget ordinance appropriating a total of $121,199,586 to the Aviation Community Investment Plan Fund: - $60,171,076 from the 2016 Bond Anticipation Notes proceeds, and - $61,028,510 from the Aviation Discretionary Fund. Staff Resource(s): Jack Christine, Aviation Explanation § Airlines currently operating at the Airport have requested additional passenger gates. In April 2015, the Airport relocated the rental car companies from its current facilities to a new facility on Wilkinson Boulevard and the new Hourly Parking Deck. The relocation of these facilities made room for a future concourse expansion. § On September 28, 2015, the City Council approved a contract with Perkins+Will North Carolina, Inc. in the amount of $7,835,982 for design services for the Concourse A Expansion Phase I. § Concourse A Expansion Phase I will expand the terminal facility by 211,000 square feet and include nine additional gates, a walkway connector to the existing Concourse A, concession space, and office space. Action A § As the Construction Manager At Risk, Turner-Rodgers is responsible for: - Monitoring the design process for adherence to the project budget, - Scheduling and managing all phases of construction and the performance of all of its subcontractors in the construction of the project, - Pre-qualifying first tier sub-contractors as required by state statute and City of Charlotte Prequalification Guidelines, - Organizing the work into bid packages, conducting a public bidding process for each subcontracting opportunity, and awarding each package to the lowest, responsive, responsible bidder, - Managing construction to completion under State of North Carolina Construction Manager at Risk statute. § On November 6, 2015, the Aviation Department issued a Request for Qualifications for general contracting firms to submit qualifications for Construction Manager At Risk for the Concourse A Expansion Phase I; four firms responded with qualifications. - A selection committee comprised of staff from Aviation, Engineering & Property Management, and an external Aviation professional selected the Joint Venture of Turner Construction and Rodgers Builders based on their related project experience of similar airport construction and their outreach program for subcontracting opportunities. § On May 9, 2016, the City Council approved a Preconstruction Agreement with Turner-Rodgers, A Joint Venture, in the amount of $695,000. City of Charlotte Page 21 Printed on 8/19/2016 City Council Business Meeting Meeting Agenda August 22, 2016 Action B § In accordance with North Carolina Building Code, special inspections are required for this project. § Amec Foster Wheeler Environment & Infrastructure, Inc. will provide special inspections to ensure the building meets code requirements. § On February 3, 2016, the Aviation Department issued a Request for Qualifications for Special Inspections for the Concourse A North Expansion project; 10 firms responded with qualifications. - A selection committee comprised of staff from Aviation selected Amec Foster Wheeler Environment & Infrastructure, Inc. based on their qualifications, experience, technical expertise, and ability to staff a project of this size. Charlotte Business INClusion Action A The City has established an overall project goal of 10% MBE and 6% SBE ($12,057,958.60 MBE and $7,234,775.16 SBE). Because this is a Construction Manager At Risk project, the Construction Manager has the opportunity to add on Small Business Enterprise (SBE) and Minority Business Enterprise (MBE) firms throughout the life of the project. Therefore, Aviation will not have a final calculation of MSBE achievement until the end of the project. However, Aviation will continue to work closely with Turner-Rodgers throughout the life of this project to ensure that every effort is made by the contractor to maximize MSBE participation. Action B The City negotiates subcontracting participation after the proposal selection process (Part C: Section 2.1(h) of the Charlotte Business INClusion Policy). AMEC Foster Wheeler has committed 9.35% ($58,000) of the total contract amount to the following certified firm: · Capstone Civil Group, PA (SBE, MBE) ($58,000) (supplemental materials testing) Fiscal Note Funding: Aviation Community Investment Plan Initial project funding is 2016 Bond Anticipation Notes. Aviation anticipates the ultimate funding sources will be a combination of Passenger Facility Charges funds and General Airport Revenue Bonds. Attachment Turner-Rodgers Charlotte Business INClusion Participation Plan Budget Ordinance Concourse A North Expansion Construction Phase MSBE Participation Plan 2016 Airport ORD082216 - Airport Concourse A Expansion - Construction Manager at Risk 17. City Attorney’s Compensation Action: Consider a 2016 Compensation Adjustment for the City Attorney Staff Resource(s): Cheryl Brown, Human Resources Explanation § On August 22, 2016, the Mayor and City Council met to conduct the City Attorney’s performance evaluation and discuss a potential compensation adjustment. § The Human Resources Director has assisted the Mayor and the City Council on the details associated with the City Attorney’s compensation. City of Charlotte Page 22 Printed on 8/19/2016 City Council Business Meeting Meeting Agenda August 22, 2016 18. Mayor and City Council Topics The City Council members may share information and raise topics for discussion. City of Charlotte Page 23 Printed on 8/19/2016 City Council Business Meeting Meeting Agenda August 22, 2016 CONSENT 19. Governor’s Highway Safety Program Grant Application for Driving While Impaired Task Force Action: A. Adopt a resolution authorizing the Charlotte-Mecklenburg Police Department to apply for fourth year funding in the amount of $359,847 from the Governor’s Highway Safety Program for a Driving While Impaired Task Force, and B. Adopt a budget ordinance appropriating $359,847 in grant funds and $359,847 in City matching funds contingent upon if Charlotte is the successful grant recipient. Staff Resource(s): Gerald Smith, Police David Sloan, Police Explanation § On October 28, 2013, the City Council authorized a grant acceptance from the Governor’s Highway Safety Program to fund a Driving While Impaired (DWI) Task Force to focus on mitigating DWI and informing the dangers associated with DWI. § The grant funds the salaries and benefits for six officers and one sergeant assigned to the DWI Task Force § The grant period is four years. The Governor’s Highway Safety Program requires a new application annually. § The Fiscal Year 2017 grant is for $359,847 and requires a City match of $359,847, which will be funded from Police’s operating budget. § The grant funded the DWI Task Force at 100% in Fiscal Year 2014, 85% in Fiscal Year 2015, 70% in Fiscal Year 2016, and will fund 50% in Fiscal Year 2017. § In Fiscal Year 2018, the City will assume the full cost of the task force, estimated at $507,127 plus future salary adjustments. § The grant offsets costs associated with salaries and benefits of the positions. Over the grant period of four years, the City anticipates a net savings of $385,186. § In the third year of operation, the DWI Task Force charged 601 drivers with DWI, issued 2,149 traffic citations, and charged over 34 individuals with drug-related offenses. § The Task Force also has participated in 10 seatbelt enforcement operations, 31 media events, and four community safety events. Fiscal Note Funding: Governor’s Highway Safety Program Grant and Police Operating Budget Attachment Governor’s Highway Safety Program DWI Task Force - Budget Chart Budget Ordinance Resolution GHSP Budget Chart CMPD_GovHighwaySafetyProg_Ord_DWI Task Force_8-22-16 DWI Resolution City of Charlotte Page 24 Printed on 8/19/2016 City Council Business Meeting Meeting Agenda August 22, 2016 20. Governor’s Highway Safety Program Grant Application for Traffic Safety Action: A. Adopt a resolution authorizing the Charlotte-Mecklenburg Police Department to apply for a $20,000 grant from the Governor’s Highway Safety Program, and B. Adopt a budget ordinance appropriating $20,000 in grant funds contingent upon if Charlotte is the successful grant recipient. Staff Resource(s): Gerald Smith, Police David Sloan, Police Explanation § The Charlotte-Mecklenburg Police Department (CMPD) has the opportunity to apply for $20,000 in grant funds from the Governor’s Highway Safety Program (GHSP). - $15,000 will be used to purchase six additional dual antenna radar units used in police vehicles to help enforce speed limit laws while the officer is driving or parked stationary. - $600 will be used for the data plan to cover the GHSP issued technology equipment. - $4,400 will be used by the sergeant serving as the Regional Law Enforcement Liaison for travel, training, and meetings: · Local traffic safety meetings coordinated by CMPD; · Meetings throughout North Carolina and out-of-state; and · Training for other departments in the region, and annual, national traffic safety enforcement conference. § GHSP requires that the City Council pass a resolution to authorize CMPD to apply for the grant funding. § The grant is for a period of one year and does not require matching funds from the City. Fiscal Note Funding: Governor’s Highway Safety Program Attachment Budget Ordinance Resolution CMPD_GovHighwaySafetyProg_Ord_Traffic Safety_8-22-16 Traffic Safety Resolution City of Charlotte Page 25 Printed on 8/19/2016 City Council Business Meeting Meeting Agenda August 22, 2016 21. Community Engagement and Diversity Education for the Charlotte-Mecklenburg Police Department Action: A. Approve a 10-month contract in the amount of $141,200 with Jennifer P. Davis & Associates for enhancing community engagement and developing diversity education for the Charlotte-Mecklenburg Police Department, and B. Authorize the City Manager to renew the contract for up to two additional, 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): Kellie High-Foster, Police Explanation § The Charlotte Mecklenburg Police Department (CMPD) has used the consulting services of Jennifer P. Davis & Associates, LLC on previous community engagement projects to include: - Working with CMPD External Advisory Committee members (American Civil Liberties Union, Lee Institute, Urban League of Central Carolinas), - Community engagement plans with recruits, and - Building Cultural Proficiency education for CMPD and including participation from all surrounding area law enforcement agencies. § Under the contract, Jennifer P. Davis & Associates, LLC agrees to provide CMPD consulting services for enhancing community engagement and developing diversity education in light of recent national tragic events. § The scope of work includes the following: - Generating a deeper understanding and awareness of implicit, suppressed, conditioned, and unconscious biases for individuals and groups, - Increasing engagement in at-risk and under resourced communities for the purpose of serving them and creating community advocates, supporters, and partners of law enforcement, - Achieving increased cultural proficiency by helping officers to better understand the culture and perceptions of those they encounter and not merely racial perceptions, - Establishing and fostering relationships across cultural and professional levels by defining how officers can build respectful relationships with all community members, and - Ensuring all work aligns with CMPD’s mission, values, and other organizational and professional objectives. § This contract is a component of the various current CMPD community engagement initiatives. § The contract is estimated at $141,200. § The contract term is September 1, 2016, through June 30, 2017. 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 26 Printed on 8/19/2016 City Council Business Meeting Meeting Agenda August 22, 2016 22. Electronic Monitoring Services Contract Amendment Action: Approve contract amendment #3 in the estimated amount of $244,640 to extend the Electronic Monitoring Services Contract with Omni Link Systems, Inc. for an additional six months. Staff Resource(s): Douglas Gallant, Police Crystal Cody, Police Explanation § The Charlotte Mecklenburg Police Department (CMPD) uses a third-party service provider to support electronic monitoring activities. § Omni Link Systems, Inc. provides equipment and a secure, online web monitoring portal, which CMPD uses in the efforts to reduce the number of suspects who re-offend while awaiting trial. On average, the City monitors 350+ offenders at any given time. § With ongoing technology advancements in the industry, CMPD is requesting a six month extension to the contract, allowing more time to complete a comprehensive solicitation and evaluation process for a new service provider. § Contract amendment #3 in the estimated amount of $244,640 would extend the existing agreement through March 31, 2017. § Contract expenditures for the six month extension is estimated to be $244,640, bringing the total value of the contract, including all extensions, to an estimated $2,511,290. Background § On September 20, 2011, the City Council approved a contract with OmniLink Systems, Inc. to provide electronic monitoring services for a term of three years. The contract also included a possible renewal of two additional, one-year terms. § On October 1, 2014, the City exercised the first one-year renewal, extending the term of the agreement until September 30, 2015. This is contract amendment #1. § On October 1, 2015, the City exercised the second one-year renewal, extending the term of the agreement until September 30, 2016. This is contract amendment #2. Fiscal Note Funding: Police Operating Budget City of Charlotte Page 27 Printed on 8/19/2016 City Council Business Meeting Meeting Agenda August 22, 2016 23. Police Security Equipment, Maintenance, and Support Services Action: A. Approve a one-year unit price contract with ADM Security to provide security system maintenance, equipment, and support services and for the purchase of new card readers and cameras at Charlotte-Mecklenburg Police Department facilities, and B. Authorize the City Manager to renew the contract for up to two, one-year renewal 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): Lisa Goelz, Police Explanation § The Charlotte-Mecklenburg Police Department (CMPD) has contracted with ADM Security to provide equipment, maintenance, and support services on access card readers, an access card reader control system, and security cameras at CMPD headquarters and 20 other CMPD facilities. § These security systems are critical to protecting public safety infrastructure from unauthorized individuals. § Currently, CMPD has over 250 access card readers installed at its facilities. § The contract with ADM Security allows CMPD to purchase new card readers and cameras for police facilities when the existing equipment can no longer be repaired. § The estimated contract expenditure is $51,048 annually. 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 28 Printed on 8/19/2016 City Council Business Meeting Meeting Agenda August 22, 2016 24. State Contract for Police Steel-Plated Body Armor Vests Action: A. Approve the purchase of Level III steel-plated body armor vests for all Charlotte-Mecklenburg Police Department patrol vehicles and Level IIIA helmets for all Charlotte-Mecklenburg Police Department patrol officers from state contracts as authorized by G.S. 143-129(e)(9), B. Approve a contract with Galls, Inc. for the purchase of Level III steel-plated body armor vests for all Charlotte-Mecklenburg Police Department patrol vehicles and Level IIIA helmets for all patrol officers for the term of one-year under statewide term Contract 680c-Body Armor, effective August 1, 2016, through March 15, 2018, and C. Authorize the City Manager to extend the contract for additional one-year terms as long as the state contract is in effect, at prices and terms that are the same or more favorable than those offered under the state contract. Staff Resource(s): Vicki Foster, Police Brian Russell, Police Joel McNelly, Police 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 § The light body armor worn on a daily basis by CMPD is a Level II ballistic material designed to stop most common handgun rounds. - Officers wear these vests due to the flexibility of the materials and the weight. - This is the preferred daily wear vest and is sufficient in handling the majority of the threats faced by police officers. § To stop most rifle rounds, Level III steel-plated body armor is necessary. - The lightest of the vests are in excess of eight pounds and range up to 15 or more pounds, making them too heavy for daily wear. - However, the vests are still feasible for single-use when responding to either an active shooter event or a 911 call where a person is reported to be armed with a rifle. - Protection of the head is also vital in these types of incidents. The only feasible option for ballistic helmets is a Level IIIA helmet. § CMPD is requesting to supply each patrol car with a universal fit Level III vest that can be put on quickly when situations dictate. - A total of 680 vests are being requested. § CMPD also is requesting that a Level IIIA helmet be issued to each patrol officer for the same purpose. - These helmets serve a dual purpose of being used during civil emergencies as riot helmets. - A total of 1,315 helmets are being requested. § Galls, Inc. is willing to provide Level III steel-plated body armor vests and Level IIIA helmets to the City at the same or better terms as are provided in its contract with the state of North Carolina. § The company will be paid according to the following unit price: - $359.50 per Level III steel-plated body armor vests, - $268 per Level IIIA helmets, and City of Charlotte Page 29 Printed on 8/19/2016 City Council Business Meeting Meeting Agenda August 22, 2016 - $3,500 for estimated shipping. § Total expenditures are estimated to be $600,380. 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: Asset Forfeiture Funds 25. Fire Station Alert System Maintenance and Support Action: A. Approve contract amendment#1 with US Digital Design, Inc. to provide station alerting system maintenance and support, B. Authorize the City Manager to purchase maintenance and support under the existing Fire Station Alert System contract for as long as the City uses the system, and C. Authorize the City Manager to purchase such additional software licenses, services, and hardware as needed from time to time to optimize the City’s use of the system, and to approve other amendments consistent with the City’s business needs and the purpose for which the contract was approved, including price adjustments. Staff Resource(s): Kevin Gordon, Fire Explanation § The Charlotte Fire Department uses the station alerting system to visually and audibly notify fire companies that they have a call. § In 2010, the City issued a Request for Proposal for a fire alerting system. The evaluation team recommended US Digital Design. § On November 8, 2010, the City Council approved a contract for installation and implementation of a new system. § The fire station alerting system go-live was August 2011. It is currently used in all 42 Fire Stations § The original contract included maintenance and support through July 31, 2016. § Staff is seeking City Council approval for the City Manager to purchase maintenance and support for as long as the City uses the software. § Contract expenditures for hardware, software, maintenance, and support are estimated at $112,000 for 2016 with a subsequent 5% increase in years 2017-2020. 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: Fire Department Operating Budget City of Charlotte Page 30 Printed on 8/19/2016 City Council Business Meeting Meeting Agenda August 22, 2016 26. Charlotte Fire Department Small Equipment Action: A. Award unit price contracts for the purchase of Small Equipment and Related Parts for an initial term of three years to the following lowest responsive bidders: - Interstate Supplies & Service, Inc. - Newton’s Fire & Safety Equipment, and B. Authorize the City Manager to renew the contracts for up to two additional, one-year terms with possible price adjustments and to amend the contracts consistent with the City’s business needs and the purpose for which the contract was approved. Staff Resource(s): Damian Owens, Fire Explanation § The Charlotte Fire Department requires specific pieces of small equipment for rescue and firefighting activities, as well as for maintenance of fire stations, such as gas powered saws, trimmers, blowers, and ventilation fans. § On May 11, 2016, Management & Financial Services issued an Invitation to Bid (ITB) for Small Equipment and Related Parts. In response to the ITB, the City received five bids from interested service providers. § Management & Financial Services and Charlotte Fire Department staff evaluated the bids and determined that the award be divided into two brand categories: - Gas-powered saw and trimming products were awarded to Interstate Supplies and Service, Inc., and - Ventilation products were awarded to Newton’s Fire & Safety Equipment. § The unit prices are set forth in the contract, and are available upon request. § Estimated contract expenditures are $300,000 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: Charlotte Fire Department Operating Budget City of Charlotte Page 31 Printed on 8/19/2016 City Council Business Meeting Meeting Agenda August 22, 2016 27. Developer Agreement with Hills Homes of North Carolina, LLC Action: A. Approve a Developer Agreement between the City of Charlotte and Hills Homes of North Carolina, LLC, and B. Adopt a budget ordinance appropriating $175,000 from Hills Homes of North Carolina, LLC to the Prosperity Village Northwest ARC Phase B project. Staff Resource(s): Dan Leaver, Engineering & Property Management Explanation § The Prosperity Village Northwest ARC Phase B project is an active roadway construction project. § Hills Homes of North Carolina, LLC (Developer) is currently planning construction of a multi-family residential development (Preserve at Prosperity Project) along Prosperity Village within the City’s project limits. § City development ordinances require the Developer to make improvements to the road, including turn lanes, curb and gutter, planting strips, and sidewalks. § The Developer’s roadway improvements would not be consistent with the City’s project and would need to be torn out and replaced. § In order to avoid additional costs and to reduce traffic impact to the community, the Developer has agreed to contribute funding and the needed land in exchange for relief of the developer’s responsibility for roadway improvements. § The $175,000 in private development funding will be applied towards the improvements within the project limits including: - Turn lanes, - curb and gutter, - Planting strips and - Sidewalks. § The City will construct the Developer improvements as part of the overall City project. § Construction is expected to be complete by fourth quarter of 2016. Fiscal Note Funding: Private Developer Contributions Attachment Developer Agreement Budget Ordinance Map Development Agreement_Signed by Hills.pdf EPM ord 082216 Developer Agreement Hill Homes Location Map - Developer Agreement with Hills Homes of North Carolina LLC City of Charlotte Page 32 Printed on 8/19/2016 City Council Business Meeting Meeting Agenda August 22, 2016 28. Graham Street Extension Traffic Signals Action: Award a contract in the amount of $1,085,996.75 to the lowest responsive bidder Whiting Construction Company, Inc. for the installation of traffic signals for the Graham Street Extension project. Staff Resource(s): Bill Greentaner, Transportation Explanation § On November 25, 2013, the City Council approved a Municipal Agreement with the North Carolina Department of Transportation (NCDOT), and a supplemental agreement on September 28, 2015, totaling $1,114,325 for traffic signals associated with an NCDOT road widening project. § The Graham Street Extension traffic signal project provides for the installation of traffic signals at the following intersections: - Sugar Creek Road and Graham Street (existing), - Graham Street and University City Boulevard (future), - Graham Street and Hubbard Road (future), - Graham Street and Nevin Road (future), - Graham Street and Morris Estates Drive and Mallard Creek Road (future), - Mallard Creek Road and Baucom Road (future), and - Mallard Creek Road and W.T. Harris Boulevard (existing). § The project scope also includes the installation of components necessary for traffic signal communications associated with NCDOT’s project to widen and realign Mallard Creek Road between Graham Street and West WT Harris Boulevard. § On May 11, 2016, the City issued an Invitation to Bid for the Graham Street Extension traffic signal project; only two bids were received from interested service providers. - In accordance to the 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 July 18, 2016, the City re-advertised the Invitation to Bid; two bids were received from interested service providers. § Whiting Construction Company, Inc. was selected as the lowest responsive, responsible bidder. § The project is anticipated to be complete by first quarter of 2018. Charlotte Business INClusion This is an Interlocal Agreement contract and is exempt (Part A: Appendix 1.27 of the Charlotte Business INClusion Policy). Fiscal Note Funding: Transportation Community Investment Plan and North Carolina Department of Transportation Attachment Map Traffic Signal Improvements 153345 City of Charlotte Page 33 Printed on 8/19/2016 City Council Business Meeting Meeting Agenda August 22, 2016 29. Private Developer Funds Appropriation Action: Adopt a budget ordinance appropriating $176,000 in private developer funds for the following: - Signal modifications from Bainbridge Communities Acquisition I, LMC New Bern Holdings, LLC, Publix North Carolina LP, Dominion Realty Partners, LLC, and - A new signal from Bissell Development, LLC. Staff Resource(s): Scott Putnam, Transportation Explanation § The $176,000 in private developer funding is for traffic signals/upgrades and related work associated with developer projects. The funding is restricted to these projects. § The following developers are fully funding traffic signal installations and improvements to mitigate traffic impacts around their respective development projects: - Bainbridge Communities Acquisition I contributed $18,000 for signal modifications at the intersection of Poindexter and South Boulevard. - LMC New Bern Holdings, LLC contributed $20,000 for signal modifications at the intersection of South Boulevard and New Bern Street. - Bissell Development, LLC contributed $94,000 for a new signal to be installed at N. Community House Road and Ballantyne Corporate Park. - Publix North Carolina LP contributed $40,000 for signal modifications at the intersection of Randolph Road and Greenwich Road. - Dominion Realty Partners, LLC contributed $4,000 for signal modification at the intersection of N. Irwin Avenue and W. Trade Street. § The above signals meet the same criteria as other traffic signals approved by the City. § Payments made by the developers are in response to estimates of work prepared by the Charlotte Department of Transportation (CDOT) and supplied to the developers. § Any funding contributed by developers for signal projects that is unused by the City will be refunded after project completion. § CDOT will be installing and operating these signals as part of the existing signal systems in the area. Fiscal Note Funding: Private Developer Contributions Attachment Map Budget Ordinance Traffic Signal Improvements 082016 CDOT ord 8-22-16 Developer Contributions City of Charlotte Page 34 Printed on 8/19/2016 City Council Business Meeting Meeting Agenda August 22, 2016 30. Kilborne Drive Streetscape Action: Approve a contract in the amount of $303,000 with DRMP, Inc. for sidewalk planning and design services. Staff Resource(s): Mark Grimshaw, Engineering & Property Management Explanation § The Kilborne Drive Streetscape Project is the first phase of the Old Potter Road Trail, identified during the Central/Albemarle/Shamrock Comprehensive Neighborhood Improvement Program (CNIP) Pre-Planning Process. § The Kilborne Drive Streetscape Project limits are along Kilborne Drive from Eastway Drive to Havenwood Road. The intent of the improvements will be to provide better pedestrian crossings, improved bicycle facilities, traffic calming, streetscape, and landscaping. § 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 February 24, 2016, the City issued a Request for Qualifications (RFQ) for Various Projects for the 2014 Comprehensive Neighborhood Improvement Plan. In response to the RFQ, the City received 20 proposals from interested professional service providers. § The Project Team, consisting of staff from the Engineering & Property Management and Neighborhood & Business Services, evaluated the proposals and determined that DRMP, Inc. is the best qualified firm to meet the City’s needs in terms of competence and professional services qualifications. § The project was approved as part of the 2014 Bond Referendum for Central/Albemarle/Shamrock CNIP projects. The City Council approved these projects as part of the City’s Fiscal Years 2014- 2018 General Community Investment Plan. 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). DRMP, Inc. has committed 15.65% ($47,420) of the total contract amount to the following certified firm: · Hinde Engineering (SBE) ($47,420) (utility design) Fiscal Note Funding: General Community Investment Plan Attachment Map Location Map - Kilborne Road Sidewalk City of Charlotte Page 35 Printed on 8/19/2016 City Council Business Meeting Meeting Agenda August 22, 2016 31. Eastway Drive Streetscape & Pedestrian Improvement Study Action: Approve a contract in the amount of $117,910 with Alta Planning + Design, Inc. for Eastway Drive Streetscape & Pedestrian Improvement Study. Staff Resource(s): Mark Grimshaw, Engineering & Property Management Explanation § The Streetscape and Pedestrian Study (Study) will identify and refine specific opportunities/locations to improve Eastway Drive between Sugar Creek Road and Independence Boulevard to make it more pedestrian and bicycle-friendly. § Improvements may include sidewalks, bike facilities, landscaping, and/or crossing opportunities at various locations. The Study will focus on improvements in areas with concentrations of pedestrians and commercial activity or at locations that would connect a broader bicycle/pedestrian network. § The Study will also consider ways to improve the east-west bicycle and pedestrian connections across the Eastway Drive corridor between the future Briar Creek Greenway/Merry Oaks Neighborhood and Kilborne Park. § The Eastway Drive Streetscape & Pedestrian Improvement Study was identified during the Central/Albemarle/Shamrock Comprehensive Neighborhood Improvement Program (CNIP) Public Engagement Process. The City Council approved these projects as part of the City’s Fiscal Years 2014-2018 General Community Investment Plan. § On February 24, 2016, the City issued a Request for Qualifications (RFQ) for Various Projects for the 2014 CNIP. In response to the RFQ, the City received 20 proposals from interested professional service providers. § The Project Team, consisting of staff from Engineering & Property Management and Neighborhood and Business Services, evaluated the proposals and determined that Alta Planning + Design, Inc. is the best qualified firm to meet the City’s needs in terms of competence and professional services qualifications. § The project was approved under the 2014 Bond package for Central/Albemarle/Shamrock CNIP projects. Charlotte Business INClusion City negotiates subcontracting participation after the proposal selection process (Part C: Section 2.1(h) of the Charlotte Business INClusion Policy). Alta Planning + Design has committed 9.97% (11,760) of the total contract amount to the following certified firm: · The Dodd Studio (SBE) ($11,760) (landscape architecture, public engagement) Fiscal Note Funding: General Community Investment Plan Attachment Map Location Map - Eastway Drive Streetscape and Pedestrian Improvement Study City of Charlotte Page 36 Printed on 8/19/2016 City Council Business Meeting Meeting Agenda August 22, 2016 32. McCullough Drive Streetscape Improvements Action: Approve a contract in the amount of $644,000 with STV, Inc. for engineering design services for the McCullough Drive Streetscape Improvements project. Staff Resource(s): Jim Keenan, Engineering & Property Management Explanation § The City Council approved the Northeast Corridor Infrastructure Improvement project as part of the City’s Fiscal Years 2014-2018 General Community Investment Plan. § On February 17, 2014, the City issued a request for Qualifications (RFQ) for Advance Preliminary Planning for the Northeast Corridor Infrastructure Improvement projects. In response to the RFQ, the City received 15 proposals from interested professional service providers. § On April 28, 2014, the City Council authorized the City Manager to negotiate and approve engineering planning services contracts with the consultants for the McCullough Drive Streetscape project. As part of the contract, the City included an option for STV, Inc. to provide engineering design services under a new contract as an incentive for good performance, including meeting the project schedule, fulfilling planning deliverables, and staying within the project budget. § Staff selected STV, Inc. for this project as best meeting the City’s needs in terms of qualifications and experience. § The contract will provide engineering design services, including: - Final construction drawings, - Real estate plats, - Permits, - Utility plans, - Traffic control plans, - Water quality plans, and - Continued public engagement. 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). STV has committed 12% ($77,220) of the total contract amount to the following certified firms: · Utility Coordination Consultants (SBE) ($38,600) (utility coordination) · Tomefog, Inc. (SBE) ($17,600) (engineering services) · Richa Graphics (SBE) ($4,900) (printing services) · Progressive Design Group ($16,120) (engineering services) Fiscal Note Funding: General Community Investment Plan Attachment Map Location Map - McCullough Dr Streetscape Improvements City of Charlotte Page 37 Printed on 8/19/2016 City Council Business Meeting Meeting Agenda August 22, 2016 33. Interlocal Agreement for the Briar Creek and Museum Tributary Water Quality Improvement Project Action: Adopt a resolution to execute an interlocal agreement with Mecklenburg County to allow the City to pay the County $550,000 to design and construct a portion of the Briar Creek and Museum Tributary Water Quality Improvement Project. Staff Resource(s): Daryl Hammock, Engineering & Property Management Explanation § On July 15, 2008, the City entered into a partnership with Mecklenburg County to initiate the Briar Creek and Museum Tributary Water Quality Improvement Project. To date, no comprehensive funding agreement between the City and County has been executed for this joint project. § As the project leader, Mecklenburg County has completed design of the project and is preparing to advertise and receive bids for construction. § The estimated design and construction costs for the City’s portion of the project total $550,000. The proposed interlocal agreement for funding will allow the City to pay the County for the City’s portion of the project. § The total project cost is estimated to be $3,070,103.32 and the County will fund the balance of the project. § The Mecklenburg County Board of County Commissioners will be asked to approve the interlocal agreement at their September 6, 2016 meeting. § Project construction is expected to start in December 2016 and conclude by December 2017. Background § The interlocal agreement outlines the City’s partnership with Mecklenburg County to construct the Briar Creek and Museum Tributary Water Quality Improvement Project. It describes cost-sharing and reimbursement specifics for construction activities, an easement agreement and maintenance responsibilities. § The project is located along a portion of Briar Creek that runs from Randolph Road to Providence Road. The City’s portion of the project is a tributary to Briar Creek located on County property adjacent to the Mint Museum. § The project area drains directly into Briar Creek, which is designated as impaired according to Clean Water Act standards. § The City and County are funding portions of the project that fulfill their individual responsibilities as defined in 1993 by the interlocal agreement that established the storm water utility. § The City’s portion of the project includes design and construction of 920 feet of stream restoration on the minor stream system. Based on current costs, this project is estimated to generate stream mitigation credits in the amount of $460,920 to fund future stream improvement projects within the City. § Mecklenburg County’s portion of the project includes design and construction of 6,700 feet of stream restoration on the major stream system. § Both the City and County benefit from co-locating the improvements and coordinating use of the same design team and construction contractor. Charlotte Business INClusion This is an interlocal agreement contract and is exempt (Part A: Appendix 1.27 of the Charlotte Business INClusion Policy). Fiscal Note Funding: Storm Water Services Community Investment Plan City of Charlotte Page 38 Printed on 8/19/2016 City Council Business Meeting Meeting Agenda August 22, 2016 Attachment Map Interlocal Agreement Resolution Location Map Interlocal Agreement Resolution 34. Landscape Installation Services Action: Approve landscape installation services contracts with each of the following firms: - Roundtree Companies, LLC, $125,000, - Champion Landscape, Inc., $125,000, and - Carolina Wetland Services, Inc., $75,000. Staff Resource(s): Quin Hall, Engineering & Property Management Explanation § These contracts provide continuous landscape installation services for City Right-of-Way in coordination with TreesCharlotte plantings in neighborhoods, schools and parks. Landscaping work includes but is not limited to plant material installation in the planting strip (between the curb and sidewalk), behind sidewalk and in medians. In addition, stump grinding/removal may be needed on certain projects where tree replacement is occurring. § On June 6, 2016, a Request for Proposal was advertised; three proposals were received from interested service providers for the Right-of-Way and TreesCharlotte projects. § The Evaluation Committee comprised of City staff from Engineering & Property Management and Landscape Management, selected the firms based on qualifications and experience of the firm in providing similar services for similar projects, qualifications and relevant experience of key team members, availability of team members, available equipment resources, price, and responsiveness of proposal package. § Total expenditures across all of the above contracts are estimated to be $325,000 in the aggregate over a one year term. § Work is anticipated to begin November 1, 2016, and be complete by April 2017. 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). However, two contracts will be awarded to the following certified firms, resulting in $200,000 (61.5%) total MWSBE utilization: · Roundtree Companies, LLC ($125,000) (SBE) · Carolina Wetland Services, Inc. ($75,000) (SBE, WBE) Fiscal Note Funding: Engineering & Property Management Operating Budget City of Charlotte Page 39 Printed on 8/19/2016 City Council Business Meeting Meeting Agenda August 22, 2016 35. National Flood Insurance Program Plan Submission Action: Adopt and approve submission of Public Information and Flood Response Plans to the National Flood Insurance Program. Staff Resource(s): Daryl Hammock, Engineering & Property Management Rich Granger, Fire Explanation § The National Flood Insurance Program's (NFIP) Community Rating System (CRS) is a voluntary incentive program that encourages floodplain management activities that exceed the minimum federal requirements. The NFIP is administered locally by Mecklenburg County on the City’s behalf. § Flood insurance rates are discounted in CRS-participating communities to reflect the reduced flood risk resulting from the community actions. § CRS currently benefits the 2,900 Charlotte residents who have flood insurance, saving approximately $400,000 in annual premiums. § The CRS consists of 19 creditable activities, including public outreach and flood response actions, many of which currently represent the policies of the Charlotte City Council and City administrative practices. Activities are reviewed for credit by CRS every three years. § CRS staff visited Charlotte in December and met with staff to review documentation and seek clarification on elements and activities. § Afterward CRS determined that these plans must be adopted by Council for activities related to flood communication and flood response to be credited under the current CRS program. § Staff has assembled Charlotte’s current public education and flood response related endeavors, budgets, policies and administrative practices for submittal to the CRS evaluators. § The action will certify these endeavors are those of the City, and will endorse staff’s submittal to the NFIP. § Once these plans are adopted and credited, Charlotte will either keep the current CRS class (which results in a 25% discount), or improve the class. Each improved (lowered) class reduces flood insurance rates by an additional 5% for residents. § The action does not commit Charlotte to additional activities, cause additional expenditures, or hinder future changes to policies, ordinances, or prevent administrative improvements that are warranted from time to time. § The NFIP’s decision on an award of additional points to Charlotte is expected to occur this fall. Attachment Public Information Plan Flood Warning and Response Plan NFIP Public Information Plan 2016 NFIP Flood Warning Plan 2016 City of Charlotte Page 40 Printed on 8/19/2016 City Council Business Meeting Meeting Agenda August 22, 2016 36. Various Stream Restoration Projects Contract Amendment Action: Approve contract amendment #1 for $540,000, with Stantec Consulting Services, Inc. for engineering services on stream restoration projects. Staff Resource(s): Doug Lozner, Engineering & Property Management Explanation § On June 28, 2010, the City Council approved a contract with Stantec Consulting Services, Inc. (Stantec) in the amount of $540,000 for engineering services for stream restoration projects. § The first project to be initiated under this contract was the Newell Stream Restoration project. - The Newell Stream Restoration project is a water quality project located in northeast Charlotte on a tributary of Toby Creek. - The project watershed is approximately 235 acres. § The Coulwood Branch Stream Restoration project is a water quality project located in northwest Charlotte on the Coulwood Branch Stream, a tributary to Gum Branch and Long Creek. The Coulwood project watershed is approximately 500 acres. § The consulting firm originally selected for the Coulwood project has ceased to exist, the contract closed, and the funds have been reimbursed to the Storm Water Community Investment Plan. The project team previously working on the Coulwood project has been hired by Stantec. § Stantec has been performing well on current contract tasks for the Newell project. § Amending the existing contract to include the completion of the Coulwood project will save the City time and the expense of getting another consulting firm up to speed on the project. § Remaining project tasks for the Coulwood project include the design phase and construction administration services. These tasks are estimated to be approximately $440,000. § Amending the existing contract will also allow Stantec to provide construction administration services for the Newell project, estimated to be approximately $100,000. § Contract amendment #1, in the amount of $540,000, will bring the total contract amount to $1,080,000 allowing for completion of all projects and tasks under this contract and is included in the program budget. Charlotte Business INClusion All additional work involved under this contract amendment will be performed by Stantec Consulting Services and its existing subconsultants (Part D: Section 6 of the Charlotte Business INClusion Policy). Fiscal Note Funding: Storm Water Services Community Investment Plan Attachment Map Location Map - Various Stream Restoration Projects Contract Amendment City of Charlotte Page 41 Printed on 8/19/2016 City Council Business Meeting Meeting Agenda August 22, 2016 37. Water Oak Storm Drainage Improvement Project Action: A. Approve $190,000 of the purchase price for 4751 Emory Lane (tax parcel identification 163-08-310) from Mecklenburg County, B. Approve a Memorandum of Agreement between the City of Charlotte and Mecklenburg County for Floodplain Acquisition and Stormwater Improvements at 4751 Emory Lane, and C. Authorize the City Manager to execute any and all documents necessary to comply with the terms of the purchase agreement. Staff Resource(s): Matthew Gustis, Engineering & Property Management Charles Anzalone, Engineering & Property Management Explanation § The Water Oak Storm Drainage Improvement Project (SDIP) is a flood control project bordered by Hartness Avenue to the north, Stafford Circle to the south, Walker Road to the east and Addison Drive to the west. The project drainage area is approximately 115 acres and it is located within the McMullen Creek watershed. § The parcel at 4751 Emory Lane is within the Water Oak SDIP. The residents have reported erosion of the stream and flooding of the house, which is located at this parcel. § Due to the location of the parcel within the FEMA Floodplain, the City inquired whether the County was interested in purchasing this parcel due to existing flooding concerns and construction constraints of the Water Oak SDIP. § Mecklenburg County expressed interest in acquiring the parcel as part of the County’s voluntary Floodplain Buyout Program. The County’s Risk Assessment/Risk Reduction Plan criteria determined a maximum of $140,000 be offered toward the purchase price, including the administrative costs to acquire the property and demolish the structure, estimated to be approximately $10,000. § The appraised value is $330,000. In order to acquire the property the City would contribute $190,000. The purchase of 4751 Emory Lane will result in a total project cost savings of $407,000, inclusive of the City’s expense to purchase the property, as it will: - Reduce the amount of box culvert installed; - Eliminate the need for foundation protection installation; - Remove the need to relocate existing utilities; - Reduce an existing jurisdictional stream impact; and - Provide a new open channel to improve water quality. § The Memorandum of Agreement outlines responsibilities of City and Mecklenburg County: - The City will pay $190,000 of the purchase price of 4751 Emory Lane. - Mecklenburg County will acquire, in fee simple, 4751 Emory Lane through a voluntary acquisition process. - Mecklenburg County will grant to the City, without any further compensation, those easements necessary on 4751 Emory Lane for construction of the Water Oak SDIP. Charlotte Business INClusion This is an Interlocal Agreement contract and is exempt (Part A: Appendix 1.27 of the Charlotte Business INClusion Policy). Fiscal Note Funding: Storm Water Community Investment Plan Attachment Map City of Charlotte Page 42 Printed on 8/19/2016 City Council Business Meeting Meeting Agenda August 22, 2016 Site Map Prelim Plat Memorandum of Agreement Location Map - Water Oak Storm Drainage Improvements WaterOakCulverts Selected Alt for MOA Exhibit A Draft Plat Memorandum of Agreement with City for 4751 Emory Lane FINAL 38. Airport Federal Aviation Administration Grants Acceptance Action: A. Adopt a resolution accepting a Federal Aviation Administration grant in the amount of $3,750,000, B. Adopt a resolution accepting a Federal Aviation Administration grant in the amount of $11,564,438, and C. Adopt a budget ordinance appropriating $15,314,438 of grant proceeds to the Aviation Community Investment Plan Fund. Staff Resource(s): Jack Christine, Aviation Background § Each year the Federal Aviation Administration (FAA) provides Airport Improvement Program entitlement grant funding based on the Airport’s number of boarded passengers and cargo. § The total amount of the entitlement funding for Fiscal Year 2016 is $15,314,438. Explanation Action A § The FFA grant for $3,750,000 will fund 75% of the costs associated with an Environmental Impact Statement for the Airport’s fourth parallel runway and other projects. Action B § The FAA grant for $11,564,438 will fund 75% of the costs associated with various airfield projects including the: - Airport Rescue and Firefighting Truck, - Taxiway C Rehabilitation, - Fixed Base Operator Ramp Rehabilitation, and - Pavement Management Program. Fiscal Note Funding: Aviation Community Investment Plan Passenger Facility Charges will pay for the remaining 25% of the project costs. Attachment Budget Ordinance Resolution Airport ORD082216 - Airport Federal Aviation Admin Grants Acceptance Resolution- Aviation FAA Grant Acceptance City of Charlotte Page 43 Printed on 8/19/2016 City Council Business Meeting Meeting Agenda August 22, 2016 39. Transportation Security Administration Canine Team Other Transaction Agreement Action: Adopt a resolution approving an Other Transaction Agreement from the Transportation Security Administration National Explosives Detection Canine Team Program for a term of four years. Staff Resource(s): Jack Christine, Aviation Explanation § The National Explosives Detection Canine Team Program, under the Transportation Security Administration (TSA), has awarded Charlotte Douglas International Airport an Other Transaction Agreement (OTA) to reimburse the Aviation Department expenses associated with the operation of seven TSA-certified canine teams at the Airport. § The Charlotte-Mecklenburg Police Department provides Aviation with canine teams to operate at the Airport on a regular and on-call basis. These teams are one part of the Airport’s Security Program, providing explosive detection around the Airport complex. § The OTA provides for reimbursement of $50,500 per team. § The total estimated value of the contract for four years is $1,414,000. Fiscal Note Funds: Funds received as the result of this OTA will be deposited into the Aviation Operating Fund Attachment Resolution Resolution - TSA Canine Team Grant Acceptance City of Charlotte Page 44 Printed on 8/19/2016 City Council Business Meeting Meeting Agenda August 22, 2016 40. Airport General Aviation Ramp Rehabilitation Action: A. Award a contract in the amount of $4,835,995 to the lowest responsive bidder Blythe Brothers Asphalt Co, for pavement rehabilitation of the General Aviation Ramp, and B. Adopt a budget ordinance appropriating $4,835,995 from the Aviation Excluded Discretionary Fund to the Aviation Community Investment Plan Fund. Staff Resource(s): Jack Christine, Aviation Explanation § The General Aviation Ramp is used for corporate and private aircraft operations. § The project scope includes construction of concrete aircraft parking positions, and the resurfacing of asphalt taxi lanes and aircraft parking positions to improve the condition of the ramp. § On May 23, 2016, the City issued an Invitation to Bid for construction; 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 July 1, 2016, the project was re-advertised; two bids were received from interested service providers. § Blythe Brothers Asphalt Co, was the lowest responsive, responsible bidder. § The Airport is seeking a grant from the Federal Aviation Administration for 75% reimbursement of eligible construction costs. Local funds will pay for the remaining 25%. Disadvantaged Business Enterprise Established DBE Goal: 8.00% Committed DBE Goal: 8.00% Blythe Brothers Asphalt Co. Inc. LLC, met the established subcontracting goal, and has committed 8.00% ($386,900) of the total contract amount to the following certified firms: • Express Logistics Services (DBE, SBE, MBE) ($352,775) (hauling) • Southeastern Public Safety Group (DBE, SBE) ($34,125) (security) Fiscal Note Funding: Aviation Community Investment Plan Attachment Budget Ordinance Airport ORD082216 - Airport General Aviation Ramp Rehabilitation City of Charlotte Page 45 Printed on 8/19/2016 City Council Business Meeting Meeting Agenda August 22, 2016 41. Airport Flight Tracking System Services Action: A. Approve a contract with Harris Corporation for flight tracking system 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 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): Jack Christine, Aviation Explanation § The Aviation Department has ongoing needs for Flight Tracking System (FTS) services for the purpose of tracking noise complaints and reviewing flight tracks. § The Harris Corporation will provide a company-hosted web-based solution, including all necessary software, training, and support services to deliver FTS services to the Airport. Harris Corporation will also provide two additional services: a public portal and a computer-based noise monitoring system that will allow the Aviation Department to deliver better reporting and public access to flight data. § These services will allow the Aviation Department to review details of flight tracks and its relative proximity to addresses, create custom reports as needed, and provide more timely information related to aircraft flight patterns to the public. § On May 11, 2016, the City issued a Request for Proposal (RFP) for FTS Services. In response to the RFP, the City received seven proposals from interested service providers. § Aviation staff evaluated the proposals and determined that Harris Corporation best meets the City’s needs in terms of experience, proposed solution, staffing, cost, and responsiveness to RFP requirements. § Estimated total expenditures for the contract, including the additional services, are $247,500. 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: Aviation Operating Budget City of Charlotte Page 46 Printed on 8/19/2016 City Council Business Meeting Meeting Agenda August 22, 2016 42. Airport Consolidated Rental Car Facility Car Wash Improvements Action: A. Award a contract in the amount of $635,525 to the lowest responsive bidder Encompass Building Group, Inc. for improvements to the existing Consolidated Rental Car Facility Car Wash and Detailing Areas, and B. Adopt a budget ordinance in the amount of $635,525 from the Aviation Contract Facility Charge Fund to the Aviation Community Investment Plan Fund. Staff Resource(s): Jack Christine, Aviation Explanation § The Consolidated Rental Car Facility (CONRAC) opened in 2015 and is located on the bottom three levels of the new Hourly Parking Deck. The CONRAC includes car wash and fueling facilities on the bottom level of the deck. § After operating for a full winter and summer season Aviation and the rental car companies have identified a need for a heating system and additional air circulation for improved moisture and temperature controls. § The project scope includes: - Electric infrared heaters and motorized overhead doors for the carwash bays to protect and prevent freezing of the equipment. - Installation of several commercial grade recirculation fans at the fueling and vacuuming areas to help reduce the moisture levels coming from the carwash bays. § On June 23, 2016, the City issued an Invitation to Bid for construction, and on July 14, 2016 two bids were received. - 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 July 14, 2016, the project was re-advertised; two bids were received from interested service providers. § Encompass Building Group Inc. was the lowest responsive, responsible bidder. § The project will be funded with Contract Facility Charge revenues that are generated by customers renting cars at the Airport. Charlotte Business INClusion Established SBE Goal: 4.00% Committed SBE Goal: 7.55% Encompass Building Group, Inc exceeded the established subcontracting goal, and has committed 7.55% ($48,000) of the total contract amount to the following certified firm (Part B: Section 3 of the Charlotte Business INClusion Policy): · All-Pro Builders and Restorations, LLC (SBE, MBE) ($48,000) (construction management services) Fiscal Note Funding: Aviation Community Investment Plan Attachment Budget Ordinance Airport ORD082216 - Airport Consolidated Rental Car Facility Car Wash Improvements City of Charlotte Page 47 Printed on 8/19/2016 City Council Business Meeting Meeting Agenda August 22, 2016 43. Airport Pavement Deicing Chemicals Action: A. Award a unit price contract to the lowest responsive bidder Nachurs Alpine Solutions Industrial for the purchase of airport liquid deicing chemicals for a three-year term, B. Award a unit price contract to the lowest responsive bidder LNT Solutions, Inc. for the purchase of Airport solid deicing chemicals for a three-year term, and C. Authorize the City Manager to renew the contracts for up to two additional, 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): Jack Christine, Aviation Explanation § During inclement winter weather events, the Airport supports aircraft and passenger operations with pavement chemicals. § Liquid and solid deicing chemicals are used throughout the facility to treat surfaces to minimize the formation of ice. § On June 20, 2016, Aviation issued an Invitation to Bid; five bids were received from interested service providers. § Nachurs Alpine Solutions Industrial (NASi) was selected as the lowest responsive, responsible bidder for liquid chemicals. § LNT Solutions, Inc. was selected as the lowest responsive, responsible bidder for solid chemicals (sodium formate). § Estimated annual expenditures are $180,000 for solid and $150,000 for liquid chemicals. 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: Aviation Operating Fund Attachment Summary of Bids Deicing Bid Opening Verification Tabulation City of Charlotte Page 48 Printed on 8/19/2016 City Council Business Meeting Meeting Agenda August 22, 2016 44. Airport Roof Replacements at Fire Station 17 and Piper Lane Properties Action: A. Award a contract in the amount of $278,197 to the lowest responsive bidder Johnson’s Roofing Service Inc. for the Fire Station 17 roof replacement project, B. Award a contract in the amount of $194,152.35 to the lowest responsive bidder Mecklenburg Roofing for the 3140 Piper Lane roof replacement project, C. Award a contract in the amount of $136,402.35 to the lowest responsive bidder Mecklenburg Roofing for the 3141 Piper Lane roof replacement project, and D. Adopt a budget ordinance appropriating $278,197 from the Aviation Discretionary Fund to the Aviation Community Investment Plan Fund. Staff Resource(s): Jack Christine, Aviation Explanation § The contract with Mecklenburg Roofing will replace aged and deteriorating roof systems, over 30 years old, at three Airport-owned buildings: - Fire Station 17, and - 3140 and 3141 Piper Lane, which are large warehouses. § On June 21, 2016, the City issued an Invitation to Bid for Fire Station 17; three bids were received from interested service providers. Johnson’s Roofing Service Inc. was selected as the lowest responsive, responsible bidder. § On July 13, 2016, the City issued an Invitation to Bid for 3140 and 3141 Piper Lane; four bids were received from interested service providers. § Mecklenburg Roofing was selected as the lowest responsive, responsible bidder for both. Charlotte Business INClusion Action A: 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). Action B: 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, Mecklenburg Roofing has committed 6.87% ($13,338) of the total contract amount to the following certified firm: · Berry’s Container Service, LLP (SBE) ($13,338) (dumpster rental) Action C: 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, Mecklenburg Roofing has committed 4.52% ($6,162) of the total contract amount to the following certified firm: · Berry’s Container Service, LLP (SBE) ($6,162) (dumpster rental) Fiscal Note Funding: Aviation Community Investment Plan City of Charlotte Page 49 Printed on 8/19/2016 City Council Business Meeting Meeting Agenda August 22, 2016 Attachment Budget Ordinance Airport ORD082216 - Airport Roof Replacements at Fire Station 17 & Piper Lane Properties 45. Airport Terminal Escalator Infrastructure Changes Action: A. Award a contract in the amount of $210,100 to the lowest responsive bidder The Bowers Group, LLC for infrastructure changes necessary for the replacement of escalators at Terminal B and C Checkpoints, and B. Adopt a budget ordinance in the amount of $210,100 from the Aviation Discretionary Fund to the Airport Community Investment Plan Fund. Staff Resource(s): Jack Christine, Aviation Explanation § In May 1982, the Terminal building opened and the existing escalators were put into service. After 34 years of service, these escalators are in need of replacement. § On January 26, 2015, City Council approved an amendment to the Schindler Elevator Corporation contract that includes the equipment necessary for the replacement of the escalators at B and C Checkpoints. § The contract with The Bowers Group, LLC provides changes to the infrastructure necessary to accommodate these new escalator units. § On June 29, 2016, the City issued an Invitation to Bid for Terminal B and C Checkpoints Escalator Replacement; two bids were received from interested service providers. § The Bowers Group, LLC was the lowest responsive, responsible bidder. § The project is anticipated to be complete by first quarter of 2017. 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: Aviation Community Investment Plan Attachment Budget Ordinance Airport ORD082216 - Airport Terminal Escalator Infrastructure Changes City of Charlotte Page 50 Printed on 8/19/2016 City Council Business Meeting Meeting Agenda August 22, 2016 46. Concourse E Employee Entrance Doors Action: A. Award a contract in the amount of $142,800 to the lowest responsive bidder The Bowers Group, LLC for general construction for the employee entrance doors on Concourse E, and B. Adopt a budget ordinance appropriating $142,800 from the Aviation Discretionary Fund to the Aviation Community Investment Plan Fund. Staff Resource(s): Jack Christine, Aviation Explanation § Since the opening of Concourse E, the amount of airline employees using the employee entrance doors has more than doubled in the last 10 years. § The project includes work necessary to provide changes to an existing security access door and to install an additional security access door to provide separate egress and ingress doors for employees on Concourse E. § On June 6, 2016, the City issued an Invitation to Bid for Employee Entrance Doors; one bid was received from an interested 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 July 12, 2016, the project was re-bid and two bids were received from interested service providers. § The Bowers group, LLC was the lowest responsive, responsible bidder. § The airlines will pay for the cost of this project through rates and charges. 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: Aviation Community Investment Plan Attachment Budget Ordinance Airport ORD082216 - Airport Employee Entrance Doors City of Charlotte Page 51 Printed on 8/19/2016 City Council Business Meeting Meeting Agenda August 22, 2016 47. Airport Redesign of Airfield Markings Action: Approve a contract in the amount of $267,560 with Delta Airport Consultants Inc. for redesign of airfield markings. Staff Resource(s): Jack Christine, Aviation Explanation § The Airport is in the process of removing and remarking all airfield paint markings, as part of maintaining Federal Aviation Administration compliance. § The professional services contract with Delta Airport Consultants Inc. includes surveying, construction inspection, engineering, and construction administration. § On April 14, 2014, the City issued a Request for Qualifications (RFQ) for general architectural and engineering services, including airfield engineering services. In response to the RFQ, the City received 14 proposals from interested professional service providers. § Aviation staff evaluated and determined that Delta Airport Consultants, Inc. is the best qualified firm to meet the City’s needs based on their experience with similar airfield projects. 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). Delta Airport Consultants, Inc. has committed 2.24% ($6,000) of the total contract amount to the following certified firm: · Accutech Surveying and Mapping (SBE) ($6,000) (design ground surveys) Fiscal Note Funding: Aviation Operating Fund City of Charlotte Page 52 Printed on 8/19/2016 City Council Business Meeting Meeting Agenda August 22, 2016 48. Airport Bulldozer Donation to North Carolina Transportation Museum Action: Adopt a resolution authorizing the donation of a bulldozer from Charlotte Douglas International Airport to North Carolina Transportation Museum Foundation. Staff Resource(s): Jack Christine, Aviation Explanation § North Carolina General Statute 160A-280 authorizes the donation of personal property from a city to a non-profit organization, or another governmental unit upon adoption of a resolution by the City Council. § The North Carolina Transportation Museum and Foundation, a registered 501(c)(3) non-profit organization, will use the Aviation equipment for a public purpose. Visitors will be able to experience and learn the history of North Carolina transportation, including how to operate restored transportation artifacts. § The equipment is a 1952 model D4 Caterpillar bulldozer valued at approximately $5,000. § The Aviation Department does not anticipate a need for the equipment, since it has reached its useful life. § The NC Transportation Museum will be solely responsible for all future maintenance cost associated with the bulldozer. Attachment Resolution Resolution document_bulldozer City of Charlotte Page 53 Printed on 8/19/2016 City Council Business Meeting Meeting Agenda August 22, 2016 49. Charlotte Water Community Investment Plan Amendment for the Little Sugar Creek Tributary to Fairview Road Sanitary Improvement Project Action: A. Amend Charlotte Water Community Investment Plan for Fiscal Years 2017-2021 in the amount of $1,750,000 to include the Little Sugar Creek Tributary to Fairview Road Sanitary Sewer Improvement project, B. Approve a five-year reimbursable contract with Liberty Healthcare Management in the amount of $1,750,000 to pay for the design and construction of the sanitary sewer capacity improvements for the Little Sugar Creek Tributary to Fairview Road Sanitary Sewer Improvements project, and C. Adopt a budget ordinance appropriating $350,000 from Liberty Healthcare for Fiscal Year 2017. Staff Resource(s): Carl Wilson, Charlotte Water Explanation § Charlotte Water monitors sewer capacity and needs on an on-going basis to meet regulatory requirements as the utility’s service area sees population increases, changes in land use, and changing land development intensity. § Part of this effort includes the Capacity Assurance Program, which requires most new developments to project sewer flows so that Charlotte Water can determine if the existing sewer lines have adequate capacity. § As part of the standard Capacity Assurance Program, a proposed infill project in the SouthPark area developed by Liberty Healthcare Management triggered the need to add sewer infrastructure. § The City’s Water and Sewer Extension Policy allows a contracting customer to accelerate a project in the Community Investment Plan in order to facilitate development in cases where there is not adequate water or sewer capacity. The customer funds the project and receives the reimbursement over a five-year period. § Liberty Healthcare Management has expressed desire to enter into a five year reimbursable contract, but in order to do so the project has to be added to the five-year Charlotte Water Community Investment Plan (CIP). § The estimated project cost is $1,750,000. Charlotte Water will appropriate $350,000 now, and the remaining amount in a subsequent year of the approved Community Investment Plan. Background § The current Charlotte Water five-year CIP for Fiscal Year 2017-2021 includes sanitary sewer projects totaling $384,115,500. - Charlotte Water currently owns and operates over 4,200 miles of sewer lines. Sewer lines are sized for future projected flows based upon the current and proposed zoning of the parcels within the service area. - The CIP includes several projects to increase the size and capacity of existing gravity sewer lines for service areas where additional sanitary sewer capacity is a projected need. Proposed Changes § The Little Sugar Creek Tributary to Fairview Road gravity sewer line parallels Tyvola Road and Fairview Road, on the south, from Piedmont Row Drive to the Lower Sugar Creek Gravity Sewer Outfall in Park Road Park. This gravity sewer line serves homes and businesses located in the SouthPark area of Charlotte. City of Charlotte Page 54 Printed on 8/19/2016 City Council Business Meeting Meeting Agenda August 22, 2016 § This gravity sewer line has seen a high rate of infill development and changes in land use since it was constructed in 1965. § The projected sewer flows from the proposed redevelopment of the Liberty Healthcare site indicates that additional sanitary sewer capacity is required in the Little Sugar Creek Tributary to Fairview Road gravity sewer line. § Approximately 6,000 linear feet of the Little Sugar Creek Tributary to Fairview Road gravity sewer line will need to be replaced to handle the projected sewer flows. § The proposed gravity sewer line will be sized to provide additional sanitary sewer capacity for the continued redevelopment of the service area. - The agreement with Liberty Healthcare Management includes the following: § The reimbursement is for eligible project costs § Liberty will receive the reimbursement in five equal annual payments, starting one year after completion of construction § Interest on funds is not eligible for reimbursement § Liberty Healthcare Management will pay an initial deposit of $350,000 to begin project work - A budget ordinance amending the Fiscal Year 2017 Adopted budget is required to accept the developer funds. Fiscal Note Funding: Charlotte Water Community Investment Plan Attachment Environment Community Investment Plan Program Schedule Map Budget Ordinance Environment Program Schedule RCA Map Budget Ordinance City of Charlotte Page 55 Printed on 8/19/2016 City Council Business Meeting Meeting Agenda August 22, 2016 50. Courier Services for Mail and Laboratory Samples Action: A. Approve a contract with Philman Glen Nichols (dba Help Service, LLC) to provide courier services for mail and laboratory samples for an initial term of one year, and B. Authorize the City Manager to renew the contract for up to two additional, one-year terms and to amend the contract consistent with the City’s business needs and the purpose for which the contract was approved. Staff Resource(s): Shawn Coffman, Charlotte Water Explanation § Charlotte Water uses a courier service to provide daily and expedited pickup and delivery of temperature and time-sensitive water samples and interoffice mail. - Water samples are transported from the treatment plants to the laboratory. At the laboratory, staff performs testing of the samples to ensure the quality of drinking water and treated wastewater, and to ensure compliance with state regulatory programs and federally-mandated water quality standards. - Mail services are provided to and from Charlotte Water’s multiple facilities within Mecklenburg County. § Charlotte Water uses a courier to provide redundancy and reliability of receiving timely mail and sample delivery. § On March 28, 2016, the City issued a Request for Proposal (RFP) for Laboratory Sample and Mail Courier Services. In response to the RFP, the City received three proposals from interested service providers. § Charlotte Water staff evaluated the proposals and determined that Philman Glen Nichols (dba Help Service, LLC) best meets the City’s needs in terms of qualifications, experience, cost, and responsiveness to RFP requirements. § The company will be paid the unit prices set forth in the contract. The contract gives the City the option to renew for two additional, one-year terms. § Estimated contract expenditures are $38,000 annually and $114,000 in the aggregate over a three-year term. 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: Charlotte Water Operating Budget City of Charlotte Page 56 Printed on 8/19/2016 City Council Business Meeting Meeting Agenda August 22, 2016 51. Small Diameter Water and Sewer Service Installations (Fiscal Year 2017) Action: A. Award a contract in the amount of $1,940,158 to the lowest responsive bidder State Utility Contractors, Inc. for the installation of small diameter water and sewer services (Fiscal Year 2017), and B. Authorize the City Manager to renew the contract for up to one additional term 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): Carl Wilson, Charlotte Water Explanation § Charlotte Water uses a third-party contractor for the majority of new residential and commercial water and sewer service installations. Customers pay connection fees for new services, which are based on costs incurred by Charlotte Water in these contracts. - Water service installations extend from the Charlotte Water line to the meter, including a meter box/vault and applicable valves/fittings. - Sewer service installations extend from the Charlotte Water sewer line to just outside the road right-of-way. § The majority of the work covered by State Utility Contractors, Inc. will be used for residential water and sewer service installations for approximately 875 service connections. Construction of commercial-sized services is performed under a separate contract. § On May 18, 2016, the City issued an Invitation to Bid for Small Diameter Water and Sewer Service Installations; three bids were received from interested service providers. § State Utility Contractors, Inc. was selected as the lowest responsive, responsible bidder. § The contract may be renewed for a one-year term at unit prices based on the Engineering News Record Construction Cost Index if agreeable by the City and State Utility Contractors, Inc. § Contracts in place prior to receiving service requests provides a shorter response time for service delivery. 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: Charlotte Water Community Investment Plan City of Charlotte Page 57 Printed on 8/19/2016 City Council Business Meeting Meeting Agenda August 22, 2016 52. Motor and Pump Repair Services for Water and Wastewater Facilities Action: A. Approve unit price contracts with the following companies to provide electrical motor and pump repair services at all Charlotte Water’s treatment and pumping facilities for an initial term of three years: - Purser Central Rewinding Co. Inc., - Dixie Electric Motor Services Inc., - Jenkins Electric Company, - Integrated Power Services, - American Rewinding of NC, Inc., - B&M Electric Motor Service, Inc., - Electric Motor Shop of Wake Forest Inc., and - Armor Electric Repair Services, Inc. B. Authorize the City Manager to renew the contracts for up to two additional, one-year terms with possible price adjustments and to amend the contracts consistent with the City’s business needs and the purpose for which the contracts were approved. Staff Resource(s): John Huber, Charlotte Water Explanation § Charlotte Water owns a large number of pumps and motors throughout its facilities that are used for all types of pumping and treatment equipment. That equipment requires a wide variety of repair services. These contracts will provide the technical expertise to provide those services. § On May 12, 2016, the City issued a Request for Proposal (RFP) for Motor and Pump Repair Services; eight proposals were received from interested service providers. § Charlotte Water staff evaluated the proposals and selected eight service providers based on specialization, experience, references, qualifications, and cost. § Services performed will be on an as-needed basis. The cost is based on the hourly or lump sum rates quoted for the various types of work. Hourly rates for all vendors are comparable. § The estimated combined annual expenditures are approximately $1,600,000. 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: Charlotte Water Operating Budget and Community Investment Plan City of Charlotte Page 58 Printed on 8/19/2016 City Council Business Meeting Meeting Agenda August 22, 2016 53. Stevens Creek Lift Station, Forcemain, and Gravity Sewer Design Modification Services Action: Approve a contract in the amount of $158,690 with LandDesign Inc. to provide engineering design services for modifications to the Stevens Creek Lift Station, Forcemain, and Gravity Sewer. Staff Resource(s): Carl Wilson, Charlotte Water Explanation § The Stevens Creek Lift Station will serve the Stevens Creek Drainage Basin and the Goose Creek Drainage Basin, including the proposed Bridges at Mint Hill mall development between Lawyers Road and Interstate-485. § The contract with LandDesign Inc. will include engineering design services required to modify the design of a proposed lift station, and the associated attachments, gravity sewer, and forcemain to a newly identified site on Stevens Creek. § On June 17, 2016, the City issued a Request for Qualifications (RFQ) for design services for Stevens Creek Lift Station, Forcemain, and Gravity Sewer. In response to the RFQ, the City received two proposals from interested service providers. § Charlotte Water staff evaluated the proposals and determined that LandDesign Inc. best meets the City’s needs in terms of qualifications and experience. 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). Land Design, Inc. has committed 34.40% ($54,590) of the total contract to the following certified firms: · LDSI, Inc. (SBE) ($43,240) (surveying and mapping) · Atlas Environmental, Inc. (WBE) ($6,350) (stream and wetland delineations) · K.M. Armstrong Associates, Inc. (SBE) ($5,000) (engineering) Fiscal Note Funding: Charlotte Water Community Investment Plan Attachment Map 08222016 StevensCreekMapversion2 City of Charlotte Page 59 Printed on 8/19/2016 City Council Business Meeting Meeting Agenda August 22, 2016 54. LYNX Blue Line Extension Design Services Contract Amendment Action: Approve contract amendment #6 for $1,900,000 with STV Inc. for design and construction administration services for the LYNX Blue Line Extension project. Staff Resource(s): John Lewis, CATS Jeb Blackwell, Engineering & Property Management Jill Brim, CATS Explanation § On March 26, 2012, the City Council approved up to $38,500,000 for a contract with STV Inc. for design services and construction management services during construction for the LYNX Blue Line Extension (BLE). - The contract was executed at the lower amount of $38,033,949 in order to begin the necessary work in some areas, while continuing to define the scope of work for other areas. - On November 1, 2013, staff executed contract amendment #1 in the amount of $439,379 to bring the total contract value to $38,473,328. The amendment was within the City Council’s original authorization and covered those work elements that had not been fully developed at the time the original contract was executed. § On May 27, 2014, the City Council authorized an additional $4,500,000 for the contract, bringing the total authorized to $43,000,000. - Contract amendment #2 was executed at $42,319,128, an amount lower than the City Council’s authorization. This amendment addressed the design and construction management costs of elements added to the project due to project budget savings. - On November 17, 2014, staff executed contract amendment #3 in the amount of $680,872 to bring the total contract value to $43,000,000. This amendment was within the City Council’s authorization and covered work elements that had not been fully developed at the time contract amendment #2 was executed. - On May 29, 2015, staff executed contract amendment #4, which involved no monetary change leaving the contract value at $43,000,000. This amendment updated construction design and management work elements that better aligned the services with actual project needs and deliverables. § On June 8, 2015, the City Council authorized contract amendment #5 in the amount of $2,200,000 to bring the total contract value to $45,200,000. This amendment was due to the acceleration of construction activity for schedule recovery and additional scope requiring additional design services. § Contract amendment #6 in the amount of $1,900,000 is needed to provide funds for additional design services due to design modifications in the Civil-Segment A, North Yard Building, Sugar Creek Parking Garage, and Station Finishes contracts; re-packaging the South Boulevard Light Rail Facility Upfit work for bidding as a result of terminating the previous contractor; and additional work related to the large number of contractor re-submittals, as well as schedule delays. § The amendment brings the new contract total to $47,100,000, which is within the current LYNX BLE project budget. Disadvantaged Business Enterprise (DBE) The work performed pursuant to this contract amendment will be held to the original contract DBE goal of 15.80%. Fiscal Note Funding: CATS Community Investment Plan City of Charlotte Page 60 Printed on 8/19/2016 City Council Business Meeting Meeting Agenda August 22, 2016 55. LYNX Blue Line Extension North Yard Building Change Order Action: Approve change order #8 for $1,500,000 to New Atlantic Contracting, Inc. for the LYNX Blue Line Extension North Yard Building project. Staff Resource(s): John Lewis, CATS Jeb Blackwell, Engineering & Property Management Jill Brim, CATS Explanation § The North Yard Building is located at 1911 North Brevard Street on the Blue Line Extension (BLE). § The project consists of two buildings: 1) the Operations Wing, and 2) the Services and Inspection Wing. - The Operations Wing consists of a training room, locker rooms, a break area, offices, and parts storage. - The Services and Inspection Wing consists of a mezzanine level, a first floor, and a second floor. § The first floor consists of a light rail vehicle repair area, tool storage, and service pit. § The second floor consists of parts storage, utility rooms, and a supervisor’s office. § On October 26, 2015, the City Council awarded a contract in the amount of $11,305,399.83 to New Atlantic Contracting, Inc. for the LYNX Blue Line Extension North Yard Building project. § Change orders #1-7 were authorized as part of the overall original contracting strategy. § Change order #8 in the amount of $1,500,000 will replenish contingency and provide funds for changes including: - The addition of a sprinkler system as recommended by the City’s insurer, - Phone and computer network cabling, and - Network switches. § The change brings the new contract total to $12,805,399.83, which is within the current LYNX BLE project budget. § The work is approximately 20% complete and this contract is expected to finish in first quarter of 2017. Disadvantaged Business Enterprise (DBE) The additional $1,500,000 in contract scope authorized by this change order will be held to the original contract DBE goal of 7.5%. Fiscal Note Funding: CATS Community Investment Plan City of Charlotte Page 61 Printed on 8/19/2016 City Council Business Meeting Meeting Agenda August 22, 2016 56. LYNX Blue Line Extension Sugar Creek Parking Garage Change Order Action: Approve change order #3 for $500,000 to Messer Construction Co. for the LYNX Blue Line Extension Sugar Creek Parking Garage project. Staff Resource(s): John Lewis, CATS Jeb Blackwell, Engineering & Property Management Jill Brim, CATS Explanation § The Sugar Creek Parking Garage is located on Raleigh Street at the Blue Line Extension (BLE) Sugar Creek Station. § The parking deck will have four levels with 630 parking spaces and will include: - Three bus bays adjacent to the parking garage, - A pedestrian bridge that will extend from the east end of the Sugar Creek Station platform, crossing over the North Carolina Rail Road right-of-way, and connecting to Bearwood Avenue, and - Elevators at both ends of the pedestrian bridge. § On September 28, 2015, the City Council awarded a contract in the amount of $23,346,850 to Messer Construction Co. for the LYNX Blue Line Extension Sugar Creek Parking Garage project. § Change orders #1 and 2 were authorized as part of the overall original contracting strategy. § Change order #3 in the amount of $500,000 will replenish contingency and provide funds for changes such as: - Phone and computer network cabling, - Network switches, - Console workstations, and - Facility telephones. § The change brings the new contract total to $23,846,850, which is within the current LYNX BLE project budget. § Work is approximately 50% complete and this contract is expected to finish by first quarter 2017. Disadvantaged Business Enterprise (DBE) The additional $500,000 in contract scope authorized by this change order will be held to the original contract DBE goal of 7.25%. Fiscal Note Funding: CATS Community Investment Plan City of Charlotte Page 62 Printed on 8/19/2016 City Council Business Meeting Meeting Agenda August 22, 2016 57. LYNX Blue Line Extension Station Finishes Change Order Action: Approve change order #8 for $1,200,000 to Edison Foard for the LYNX Blue Line Extension Station Finishes project. Staff Resource(s): John Lewis, CATS Jeb Blackwell, Engineering & Property Management Jill Brim, CATS Explanation § On January 26, 2015, the City Council awarded a contract in the amount of $20,177,750 to Edison Foard for construction of the LYNX Blue Line Extension (BLE) Station Finishes work. § The project includes the station platforms, canopies, benches, windscreens, lighting, and other passenger amenities. § Change orders #1-7 were authorized as part of the overall original contracting strategy. § Change order #8 for $1,200,000 will replenish contingency and fund changes needed for the project due to design modifications, unforeseen conditions, and mitigation of schedule delays. These design modifications include: - The addition of generators to the stations for emergency power, and - Changes due to the recent private development project at 36th Street. § The change order brings the new contract total to $21,377,750, which is within the current LYNX BLE project budget. § The work is approximately 35% complete and this contract expected to finish in April 2017. Disadvantage Business Enterprise (DBE) The work performed pursuant to this change order will be held to the original contract DBE goal of 7.3%. Fiscal Note Funding: CATS Community Investment Plan City of Charlotte Page 63 Printed on 8/19/2016 City Council Business Meeting Meeting Agenda August 22, 2016 58. Public Auction for Disposal of Surplus Equipment Action: A. Adopt a resolution declaring specific vehicles, equipment, and other miscellaneous items as surplus, and B. Authorize said items for sale by public auction on September 17, 2016. Staff Resource(s): Robert Campbell, Management & Financial Services Explanation § Pursuant to North Carolina General Statute 160A-270(b), approval is requested for a public auctions as follows: - On September 17, 2016, at 10:00 a.m. to dispose of City-owned property declared as surplus. § Each auction is conducted at the City’s Asset Recovery and Disposal facility located at 5550 Wilkinson Boulevard, Charlotte, North Carolina. § The City selected Rogers Realty and Auction Company, Inc. as the auction service provider through a competitive selection process. § The auction company will be compensated for the sale through auction proceeds in the following manner: - Rolling stock equipment - 8.50% of the total gross sale price, and - Miscellaneous items - 8.50% of the total gross sale price. § Proceeds from the auction will go back to the entity to which the equipment or vehicle was owned - the City’s General Fund, or the City’s Enterprise Funds (Aviation, Charlotte Water, and CATS). Background § Management & Financial Services provides asset recovery and disposal services to the City of Charlotte, Mecklenburg County, Emergency Management Services, and the Charlotte Housing Authority. § The Asset Recovery and Disposal program manages all used, seized, and surplus assets at the end of their useful life through final disposition via live and electronic auction activities. § Live auctions for rolling stock, equipment, and miscellaneous items are held at least twice a year, and electronic auctions are used throughout the year for disposal of a variety of assets. Attachment Property Lists (Exhibit A - City-owned Property) Delegation of Authority Resolution 20160822 - 01 Rolling Stock auction (Exhibit A) 20160822 - 03 Rolling stock auction - Delegation of Authority 20160822 - 02 Rolling stock auction - Resolution City of Charlotte Page 64 Printed on 8/19/2016 City Council Business Meeting Meeting Agenda August 22, 2016 59. Surplus Computer and Related Equipment Disposal Services Action: A. Approve a contract with Goodwill Industries of the Southern Piedmont for Surplus Computer and Related Equipment Disposal Services for an initial term of five years, and B. Authorize the City Manager to renew the contract for up to two additional, 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): Robert Campbell, Management & Financial Services Explanation § The waste stream for obsolete computers and related equipment is growing rapidly in volume and complexity. § Federal and state law requires specialized procedures for disposal of electronic assets for environmental and privacy reasons. § On May 10, 2016, the City issued a Request for Quotes (RFQ) for Electronic Waste Management Services. In response to the RFP, the City received seven proposals from interested service providers. § Management & Financial Services staff evaluated the proposals and determined that Goodwill Industries of the Southern Piedmont (Goodwill) best meets the City’s needs in terms of qualifications, experience, cost, and responsiveness to RFP requirements. § Goodwill is located less than a mile away from the City’s Asset, Recovery, and Disposal facility and offers all required services associated with e-waste management. § As the City’s computer and related equipment disposal service provider, the company will provide the following: - Proper disposal of unwanted computer and other related equipment, meeting all required security measures and managing risk to the City, - Reduced e-waste by refurbishing and reusing of the equipment, - Low-cost technology for the local community, and - Local job creation and skill training opportunities. § Goodwill will provide the services at no cost to the City, along with providing a revenue sharing program of 50% of the resale of computers and other related equipment. 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). City of Charlotte Page 65 Printed on 8/19/2016 City Council Business Meeting Meeting Agenda August 22, 2016 60. Mecklenburg County Tax Collector’s Settlement Statement for Fiscal Year 2016 Action: Receive as information and record in the minutes the Mecklenburg County Tax Collector’s Settlement Statement for Fiscal Year 2016. Staff Resource(s): Stephanie Kelly, City Clerk’s Office Robert Campbell, Management & Financial Services Explanation § According to North Carolina General Statute 105-373: - The Tax Collector must submit to the governing board an annual report of the amount collected on each year’s taxes with which he/she is charged, the amount remaining uncollected, and the steps being taken to encourage or enforce payment of uncollected taxes. - The Tax Collector’s Settlement Statement must be entered into the official record of the governing board. § The Tax Collector’s Settlement Statement is used to present the real estate and motor vehicle collection rates for the previous tax year and prior years. Attachment Tax Collector’s Settlement Statement Tax Collector's Settlement for Fiscal Year 2016 61. Meeting Minutes Action: Approve the titles, motions, and votes reflected in the Clerk’s record as the minutes of: - June 27, 2016, Business Meeting - July 18, 2016, Zoning Meeting - July 25, 2016, Business Meeting Staff Resource(s): Stephanie Kelly, City Clerk’s Office City of Charlotte Page 66 Printed on 8/19/2016 City Council Business Meeting Meeting Agenda August 22, 2016 PROPERTY TRANSACTIONS City of Charlotte Page 67 Printed on 8/19/2016 City Council Business Meeting Meeting Agenda August 22, 2016 62. Two Billboard Leases with Adams Outdoor Advertising Action: A. Approve Adams Outdoor Advertising lease for a five-year term, with two five year options to extend for an existing billboard located along Old Statesville Road (parcel identification number 043-088-14) for $12,000 per year or 20% of gross revenue, whichever is greater, B. Approve Adams Outdoor Advertising lease for a five-year term with two five year options to extend for an existing billboard located along South Boulevard (parcel identification number 205-211-11) for $3,900 per year or 20% of gross income, whichever is greater, and C. Adopt a resolution authorizing the City Manager to execute all necessary documents to complete the Agreements between the City of Charlotte and Adams Outdoor Advertising. Staff Resource(s): Tony Korolos, Engineering & Property Management Tim O’Brien, Engineering & Property Management Explanation § With the purchase of two parcels, the City assumed ownership of two advertising signs. The outdoor advertising leases transferred to the City when the parcels were purchased. After the original leases expired, staff leased the signs on an annual basis. - Parcel A: The land was purchased for the Old Statesville Road Widening Project in 2002. It is located at the southeast corner of Old Statesville Road and West W. T. Harris Boulevard. - Parcel B: The land was purchased for the South Corridor Light Rail Project in 2005. It is located along South Boulevard, approximately 850 feet south of Sharon Road West. § Staff recommends longer term leases that will assure a programmed income stream for the City. § The value of the billboards is based upon traffic counts which equates to advertising rates. § Research of the advertising industry found that the customary rental rate for sign sites is 20% of gross sales. However, sign companies deviate from this pricing guideline if there is difficulty in penetrating the market in that area. In the case of the two signs that the City inherited, staff continued with the same rate structure, with periodic rate increases. Consequently, Adams has only been able to make a modest profit from these signs. § Staff reviewed the financial history of both signs and confirmed the gross revenues received from the signs match the revenues received from advertisers. § The City will receive a minimum fixed rate for each sign. Should gross annual sales increase beyond the minimum rate, Adams will reimburse the City the difference within sixty days from the end of each lease term. - Parcel A: The double-faced static billboard (not zoned for digital signs) has a five-year average of $18,610 per year in gross revenue. The City will receive $12,000 as a minimum lease rate or 20% of the actual gross sales if revenues exceed the minimum rate. - Parcel B: This double-faced static billboard (not zoned for digital signs) has a lower traffic count, having a minimum base rent of $3,900 per year or 20% of the actual gross sales if revenues exceed the minimum rate. § Staff will perform an annual audit of Adams’ financial records to confirm the City receives the highest rate possible for both leases. § Adams’ accountant will submit financial records each year verifying gross income to confirm the City receives the highest rate possible for both leases. City is also permitted to audit the leases at any time and for any reason. § Only Parcel A has trees that block a sign face along West W. T. Harris Boulevard that are located on North Carolina Department of Transportation (NCDOT) right-of-way. Adams plans to remove the overgrown trees in the NCDOT’s road right-of-way and replace it with lower growing City of Charlotte Page 68 Printed on 8/19/2016 City Council Business Meeting Meeting Agenda August 22, 2016 ornamental trees that should not interfere with visibility of the sign face. No trees will be removed on the City-owned property. Fiscal Note Funding: Proceeds from the rent will be deposited in the City’s General Fund Attachment Maps Resolutions Map for Two Outdoor Advertising Billboards 5599 WT Harris Blvd Resolution 8812 South Blvd Resolution City of Charlotte Page 69 Printed on 8/19/2016 City Council Business Meeting Meeting Agenda August 22, 2016 63. Sale of Property: 6746 Glenmoor Drive Action: A. Adopt a resolution proposing to accept the offer from Alexis R. Riddle and Jayne M. Payne to purchase City-owned real property (parcel tax identification 055-155-47) located at 6746 Glenmoor Drive for $81,001, and B. Authorize the 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 Kristie Kennedy, Engineering & Property Management Explanation § The City acquired the property as part of the Pawtuckett Neighborhood Improvement project for $74,141. The City retained the single-family home on the R-4 zoned property and is now selling the parcel after the new storm water culvert was constructed along the side of the house. § The storm water culvert (80’ feet x 16’ feet) impacted the character of the property, such that it was better to purchase the property and perform the construction work before the property could be relisted for sale. The property now has a fair market value of $60,000. § The property is not a candidate for affordable housing. The City contacted several nonprofit organizations to determine if this property met their criteria for affordable housing, but none of the organizations were interested. § On May 9, 2016, the City Council approved the initial offer of sale to Jose Edgar Lazo subject to upset bid sale. § Three rounds of upset bids were completed with the highest qualifying offer presented by Alexis R. Riddle and Jayne M. Payne on June 13, 2016. The offer contains the following terms: - Purchase price of $81,001 ($21,001 over the listed price), - Earnest money deposit of $4,050.05, - Due diligence period of 30 days, and - Closing within 10 days after expiration of the due diligence period. Fiscal Note Funding: Proceeds of the sale will be deposited into the General Community Investment Plan Attachment Map Resolution E&PM_Sale of Prop_6746 Glenmoor Dr_Map_8-22-16 Resolution to High Bidder 8.22.16 City of Charlotte Page 70 Printed on 8/19/2016 City Council Business Meeting Meeting Agenda August 22, 2016 64. Sale of City Property: 8415 East W.T. Harris Boulevard Action: A. Adopt a resolution proposing to accept the initial offer subject to upset bid sale for $82,000 from JDSI, LLC to purchase City-owned real property (parcel tax identification 109-171-03) located at 8415 East W.T. Harris Boulevard, and B. Authorize the advertisement of the proposed sale for upset bids and authorize the 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 1.04 acres and is zoned R-17 multi-family. § An appraisal of the property established fair market value as $90,100. § The parcel is not a candidate for affordable housing. 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 July 11, 2016, JDSI, LLC presented the highest initial offer, and if approved, will be advertised for upset bid based on the following terms: - Purchase Price of $82,000, - Earnest money deposit of $4,100, - Due diligence period of 90 days, and - Closing within 14 days after expiration of the due diligence period. § Staff recommends accepting the offer to purchase because the City has received no interest in this property since it was initially listed more than 18 months ago. Fiscal Note Funding: Proceeds of the sale will be deposited into the City’s General Fund Attachment Map Resolution Map of 8415 E WT Harris Resolution for 8415 E WT Harris City of Charlotte Page 71 Printed on 8/19/2016 City Council Business Meeting Meeting Agenda August 22, 2016 65. In Rem Remedy: 104 Walnut 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: (104 Walnut Avenue) Action: Adopt an Ordinance authorizing the use of In Rem Remedy to demolish and remove the structure at (104 Walnut Avenue) (Neighborhood Profile Area 347). Attachment In Rem Packet for (104 Walnut Avenue) In Rem Remedy 104 Walnut Av.pdf City of Charlotte Page 72 Printed on 8/19/2016 City Council Business Meeting Meeting Agenda August 22, 2016 66. In Rem Remedy: 2517 Rozzelles Ferry 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. Public Safety: (2517 Rozzelles Ferry Road) Action: Adopt an Ordinance authorizing the use of In Rem Remedy to demolish and remove the structure at (2517 Rozzelles Ferry Road) (Neighborhood Profile Area 382). Attachment In Rem Packet for (2517 Rozzelles Ferry Road) In Rem Remedy 2517 Rozzelles Ferry Rd.pdf City of Charlotte Page 73 Printed on 8/19/2016 City Council Business Meeting Meeting Agenda August 22, 2016 67. In Rem Remedy: 7747 Pickering Drive 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: (7747 Pickering Drive) Action: Adopt an Ordinance authorizing the use of In Rem Remedy to demolish and remove the structure at (7747 Pickering Drive) (Neighborhood Profile Area 221). Attachment In Rem Packet for (7747 Pickering Drive) In Rem Remedy 7747 Pickering Dr.pdf City of Charlotte Page 74 Printed on 8/19/2016 City Council Business Meeting Meeting Agenda August 22, 2016 68. Aviation Property Transaction - 7620 C Steele Creek Road Action: Approve the following transaction. Project: Airport Environmental Impact Statement Mitigation Land Owner(s): Mai Vu Property Address: 7620 C Steele Creek Road Total Parcel Area: 1.012 acres Property to be acquired by Easements: N/A Structures/Improvements to be impacted: N/A Landscaping to be impacted: Trees and shrubs Zoned: R-3 Use: Vacant Tax Code: 141-261-01 Purchase Price: $44,500 and all relocation benefits in compliance with federal, state, or local regulations Council District: 3 69. Aviation Property Transactions - 9220 Dorcas Lane Action: Approve the following transaction. Project: Airport Environmental Impact Statement Mitigation Land Owner(s): Metrolina Land Co. Property Address: 9220 Dorcas Lane Total Parcel Area: .444 acre Property to be acquired by Easements: N/A Structures/Improvements to be impacted: N/A Landscaping to be impacted: Trees and shrubs Zoned: R-3 Use: Single-family Residential Tax Code: 141-261-79 Purchase Price: $169,850 and all relocation benefits in compliance with federal, state, or local regulations. Council District: 3 70. Aviation Property Transactions - 9233 Dorcas Lane Action: Approve the following transaction. Project: Airport Environmental Impact Statement Mitigation Land Owner(s): Metrolina Land Co Property Address: 9233 Dorcas Lane Total Parcel Area: 2.133 acres (.556 and 1.557 acres) Property to be acquired by Easements: N/A Structures/Improvements to be impacted: Single-family Home Landscaping to be impacted: Trees and shrubs Zoned: R-3 Use: Single-family Residential Tax Code: 141-261-55 and 141-261-86 Purchase Price: $214,000 and all relocation benefits in compliance with federal, state, or local regulations. Council District: 3 City of Charlotte Page 75 Printed on 8/19/2016 City Council Business Meeting Meeting Agenda August 22, 2016 71. Property Transactions - 25th Street Connection, Parcel #4 Action: Approve the following Acquisition: 25th Street Connection, Parcel #4 Project: 25th Street Connection, Parcel #4 Owner(s): Howard F. Starnes and Bennie S. Starnes Property Address: 417 East 25th Street Total Parcel Area: 20,151 sq. ft. (.463 ac.) Property to be acquired by Fee: 643 sq. ft. (.015 ac.) in Fee Simple Property to be acquired by Easements: 1,805 sq. ft. (.041 ac.) in Sidewalk and Utility Easement, plus 5,413 sq. ft. (.124 ac.) in Temporary Construction Easement Structures/Improvements to be impacted: None Landscaping to be impacted: None Zoned: I-2 Use: Industrial Tax Code: 083-053-12 Purchase Price: $221,543 Council District: 1 72. Property Transactions - Lilly Mill Drainage Improvements, Parcel #11 Action: Approve the following Acquisition: Lilly Mill Drainage Improvements, Parcel #11 Project: Lilly Mill Drainage Improvements, Parcel #11 Program: Flood Control Owner(s): Donald A. Young and Trudy M. Young Property Address: 2501 Merrywood Road Total Parcel Area: 21,448 sq. ft. (.492 ac.) Property to be acquired by Easements: 7,604 sq. ft. (.175 ac.) in Storm Drainage Easement, plus 1,575 sq. ft. (.036 ac.) in Sanitary Sewer Easement, plus 2,574 sq. ft. (.059 ac.) in Temporary Construction Easement Structures/Improvements to be impacted: None Landscaping to be impacted: Trees Zoned: R-3 Use: Single-family Residential Tax Code: 173-254-06 Purchase Price: $36,000 Council District: 6 City of Charlotte Page 76 Printed on 8/19/2016 City Council Business Meeting Meeting Agenda August 22, 2016 73. Property Transactions - Nelson Avenue 309, Parcel #2 Action: Approve the following Condemnation: Nelson Avenue 309, Parcel #2 Project: Nelson Avenue 309, Parcel #2 Owner(s): Laura Sutton Property Address: 301 Nelson Avenue Total Parcel Area: 7,444 sq. ft. (.171 ac.) Property to be acquired by Easements: 527 sq. ft. (.012 ac.) in Storm Drainage Easement, plus 1,994 sq. ft. (.046 ac.) in Temporary Construction Easement Structures/Improvements to be impacted: None Landscaping to be impacted: None Use: Flum/Swim Floodway (No Build Zone) Tax Code: 069-135-07 Appraised Value: $100 Outstanding Concerns: Property owner has not responded. 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 74. Property Transactions - Nelson Avenue 309, Parcel #3 Action: Approve the following Condemnation: Nelson Avenue 309, Parcel #3 Project: Nelson Avenue 309, Parcel #3 Owner(s): Nisbet Oil Company Property Address: 247 Alabama Avenue Total Parcel Area: 51,874 sq. ft. (1.191 ac.) Property to be acquired by Easements: .94 sq. ft. in Storm Drainage Easement, plus 917 sq. ft. (.021 ac.) in Temporary Construction Easement Structures/Improvements to be impacted: None Landscaping to be impacted: Trees and various plantings Zoned: R-17 Multi-family Use: Single-family Residential Tax Code: 069-136-05 Appraised Value: $250 Property Owner’s Concerns: The property owner is unwilling to grant the necessary easements for the project. 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 77 Printed on 8/19/2016 City Council Business Meeting Meeting Agenda August 22, 2016 75. Property Transactions - Tom Short Sidewalk, Parcel #3 Action: Approve the following Condemnation: Tom Short Sidewalk, Parcel #3 Project: Tom Short Sidewalk, Parcel #3 Owner(s): Franklin Morreale and Rose Marie Morreale Property Address: 6305 Horseplay Court Total Parcel Area: 13,731 sq. ft. (.315 ac.) Property to be acquired by Easements: 190 sq. ft. (.004 ac.) in Sidewalk and Utility Easement, plus 673 sq. ft. (.015 ac.) in Temporary Construction Easement Structures/Improvements to be impacted: None Landscaping to be impacted: None Zoned: R-9(CD) Use: Single-family Residential Tax Code: 229-363-42 Appraised Value: $425 Property Owner’s Counteroffer: $2,500 Property Owner’s Concerns: The property owner is concerned with the compensation amount that is being offered. City’s Response to Property Owner’s Concerns: Staff informed the property owner that they could obtain their own appraisal. 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: 7 76. Property Transactions - Tom Short Sidewalk, Parcel #6 Action: Approve the following Condemnation: Tom Short Sidewalk, Parcel #6 Project: Tom Short Sidewalk, Parcel #6 Owner(s): Equity Ventures, Inc. Property Address: 0 Tom Short Rd Total Parcel Area: 38,927 sq. ft. (.894 ac.) Property to be acquired by Easements: 86 sq. ft. (.002 ac.) in Storm Drainage Easement, plus 944 sq. ft. (.022 ac.) in Sidewalk and Utility Easement, plus 1,285 sq. ft. (.029 ac.) in Temporary Construction Easement, plus 21 sq. ft. ( ac.) in Sidewalk Utility Easement and Storm Drainage Easement Structures/Improvements to be impacted: None Landscaping to be impacted: None Zoned: R-9 (CD) Use: Single-family Residential Tax Code: 229-363-99 Appraised Value: $75 Property Owner’s Counteroffer: $8,000 Property Owner’s Concerns: The property owner is concerned with the compensation amount that is being offered. City’s Response to Property Owner’s Concerns: Staff informed the property owner that they could obtain their own appraisal. 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: 7 City of Charlotte Page 78 Printed on 8/19/2016 City Council Business Meeting Meeting Agenda August 22, 2016 REFERENCES City of Charlotte Page 79 Printed on 8/19/2016 City Council Business Meeting Meeting Agenda August 22, 2016 77. 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 80 Printed on 8/19/2016 City Council Business Meeting Meeting Agenda August 22, 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 81 Printed on 8/19/2016 City Council Business Meeting Meeting Agenda August 22, 2016 78. 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 82 Printed on 8/19/2016 City Council Business Meeting Meeting Agenda August 22, 2016 79. 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 83 Printed on 8/19/2016 City Council Business Meeting Meeting Agenda August 22, 2016 Adjournment City of Charlotte Page 84 Printed on 8/19/2016