City Council Business Meeting

City of Charlotte Charlotte-Mecklenburg Government Center 600 East 4th Street Charlotte, NC 28202 Meeting Agenda Monday, November 14, 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 November 14, 2016 5:00 P.M. DINNER BRIEFING, CHARLOTTE-MECKLENBURG GOVERNMENT CENTER, ROOM 267 CITY COUNCIL MEETING Monday, November 14, 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 18 Charlotte-Mecklenburg Police Department - New Police Officers Grant Acceptance 30 2016 Assistance to Firefighters Grant Application 33 Solid Waste Services Compressed Natural Gas Refuse Vehicles Grant 86 Property Transactions - CityLYNX Gold Line Streetcar Phase 2, Parcels #59 and #61 87 Property Transactions - CityLYNX Gold Line Streetcar Phase 2, Parcel #212 88 Property Transactions - CityLYNX Gold Line Streetcar Phase 2, Parcel #235 89 Property Transactions - CityLYNX Gold Line Streetcar Phase 2, Parcel #303 1. Mayor and Council Consent Item Questions Staff Resource(s): Katie McCoy, City Manager’s Office Time: 5 minutes Synopsis: Mayor and Council may ask questions about Consent agenda items. Staff will address questions at the end of the dinner meeting. City of Charlotte Page 2 Printed on 11/14/2016 City Council Business Meeting Meeting Agenda November 14, 2016 2. 2016 Fall Federal Legislative Update Staff Resource(s): Dana Fenton, City Manager’s Office Rich Gold, Holland & Knight Time: 20 minutes Explanation § The City’s federal lobbyist, Holland & Knight will brief Mayor and City Council on the status of the City’s 2016 Federal Legislative Agenda that includes the following: - Airport Control Tower, - 2030 Transit Plan, - Doppler Weather Radar, - North End Smart District, - Community Development Block Grant funding, and - Urban Areas Security Initiative funding. § Holland & Knight will also address the issues that remain for the US Congress to consider as it reconvenes for its upcoming post-election session, and the issues that the incoming Administration and Congress will face in 2017. Future Action The presentation is for information purposes only. 3. North Carolina Department of Transportation Projects Update Staff Resource(s): Danny Pleasant, Transportation Warren Cooksey, NCDOT Division 10 Jean Leier and David Hannon, I-77 Mobility Partners Time: 25 minutes Explanation § The North Carolina Department of Transportation (NCDOT) has numerous projects under construction and in development in the Charlotte area. § The presentation will provide an update on NCDOT-led projects within the Charlotte region. § The primary project to be reviewed will be the I-77 Express Lanes, which is managed by I-77 Mobility Partners. § Other projects to be addressed will include Independence Boulevard, I-485, the Piedmont Improvement Program for railway projects, and the Sugar Creek Road grade separation. Future Action The presentation is for information purposes only. City of Charlotte Page 3 Printed on 11/14/2016 City Council Business Meeting Meeting Agenda November 14, 2016 4. Proposed 2017-2018 Federal and State Legislative Agendas Committee Chair: Council member Ed Driggs Staff Resource(s): Hyong Yi, City Manager’s Office Dana Fenton, City Manager’s Office Time: 20 minutes Explanation § Annually, the City Council prepares legislative agendas to communicate its policy preferences to the US Congress and the North Carolina General Assembly. The next sessions of the US Congress and North Carolina General Assembly start in January 2017. § The Intergovernmental Relations Committee (Committee) met in September and October to discuss state and federal issues likely to be considered in the next sessions, which are of interest to the City, and the issues proposed for inclusion in the agendas. § On October 17, 2016, the Committee voted 5-0 (Driggs, Mitchell, Eiselt, Fallon, and Smith) that the attached federal and state issues be presented to the City Council for information purposes on November 14, 2016 prior to a vote of adoption by the City Council on November 28, 2016. Future Action § The Committee is scheduled to meet next on November 21, 2016. § The City Council will be requested to approve the proposed agenda at its Business Meeting on November 28, 2016. § The approved 2017-2018 State Legislative Agenda will be presented to the Mecklenburg Delegation at a future State Legislative Briefing. § The approved 2017-2018 Federal Legislative Agenda will be presented to the Congressional Delegation during the National League of Cities Congressional City Conference which is scheduled for March 11 - 17, 2017. Attachment Proposed 2017-2018 Federal Legislative Agenda Proposed 2017-2018 State Legislative Agenda 2017-2018 Federal Legislative Agenda REVISED 2 2017-2018 state legislative agenda Revised 3 City of Charlotte Page 4 Printed on 11/14/2016 City Council Business Meeting Meeting Agenda November 14, 2016 5. CityLYNX Gold Line Phase 2 Staff Resource(s): John Lewis, CATS Jeb Blackwell, Engineering & Property Management David McDonald, CATS Time: 25 minutes Explanation § The purpose of the presentation is to provide an update on the CityLYNX Gold Line Phase II project. § The presentation will include an overall project status update; in particular the result of construction re-bid and the recommendation on the streetcar vehicle and manufacturer. Future Action § Staff anticipates requesting Council action at the November 28, 2016 Council Business Meeting for the following items: - Award Contract for CityLYNX Gold Line Phase II Construction, - Award Contract to Purchase Modern Streetcar Vehicles and Spare Parts, and - Award Contracts for Construction Support Services during construction. 6. Answers to Mayor and Council Consent Item Questions Staff Resource(s): Katie McCoy, City Manager’s Office Time: 10 minutes Synopsis Staff responses to questions from the beginning of the dinner meeting. City of Charlotte Page 5 Printed on 11/14/2016 City Council Business Meeting Meeting Agenda November 14, 2016 Call to Order Roll Call Introductions Invocation Pledge of Allegiance City of Charlotte Page 6 Printed on 11/14/2016 City Council Business Meeting Meeting Agenda November 14, 2016 7:00 P.M. AWARDS AND RECOGNITIONS 7. World Pancreatic Cancer Day Proclamation Mayor Roberts will read a proclamation recognizing November 17, 2016, as World Pancreatic Cancer Day. 8. Day of Healing and Reconciliation in Charlotte Council member Greg Phipps will read a proclamation recognizing December 9, 2016, as One City In Love; A Day of Healing and Reconciliation in Charlotte. 9. Diwali Festival Recognition and Proclamation Mayor Roberts will read a proclamation recognizing the celebration of the Diwali Festival. 10. 2016 Neighborhood Exchange and Leadership Awards Mayor Roberts will recognize organizations that are undertaking efforts to improve the quality of life in Charlotte’s neighborhoods and throughout the community overall. 11. Homelessness Awareness Month Proclamation Mayor Roberts will read a proclamation recognizing the month of November 2016 as Homelessness Awareness Month. City of Charlotte Page 7 Printed on 11/14/2016 City Council Business Meeting Meeting Agenda November 14, 2016 12. Consent agenda items 28 through 89 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 11/14/2016 City Council Business Meeting Meeting Agenda November 14, 2016 PUBLIC HEARING 13. Public Hearing on Voluntary Annexation Action: A. Hold a public hearing for the Cresswind Charlotte 1 voluntary annexation, and B. Adopt an annexation ordinance with an effective date of November 14, 2016, to extend the corporate limits to include this property and assign it to the adjacent 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 the 258.96 acre property located on the north side of Albemarle Road in the 12400 block of Albemarle Road in eastern Mecklenburg County. § The property is owned by KH Mint Hill LLLP. § The property is currently vacant and is zoned MX-1(Innov) Mixed Use Innovative. § The property is located within Charlotte’s extraterritorial jurisdiction and shares boundaries with current City limits. § Intent of the annexation is to enable the internal street network in the proposed 502-unit age-restricted residential community to be designed and constructed to City of Charlotte street design and maintenance standards. § The effective annexation date for this property is November 14, 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 for RCA Ordinance City of Charlotte Page 9 Printed on 11/14/2016 City Council Business Meeting Meeting Agenda November 14, 2016 14. Public Comment on the North Tryon Vision Plan Action: Receive public comments on the North Tryon Vision Plan. Committee Chair: Vi Lyles, Transportation & Planning Staff Resource(s): Ed McKinney, Planning Grant Meacci, Planning Explanation § The 2020 Center City Vision Plan, adopted by City Council in 2011, identified the North Tryon Street area of Uptown Charlotte as a target area for further planning and development. § The resulting North Tryon Vision Plan (Plan) encompasses approximately 50 square blocks in an area bounded by 6th Street, Church Street, Caldwell Street and 11th Street. It establishes a vision to catalyze and sustain growth, development and urban design in this area of Charlotte’s uptown. § The planning process was guided by a steering committee of over 18 civic, business and government institutions, led by a management team comprised of Charlotte Center City Partners, the City of Charlotte Planning Department and the Foundation for the Carolinas. The committee included representation from the arts, science and learning institutions on North Tryon Street, property owners, business leaders, real estate professionals, developers, community advocates and faith-based leadership. § The Plan was adopted by the Mecklenburg County Board of County Commissioners in September 2016. Community Input § The planning process began in late summer of 2014 and concluded in fall of 2015. § The broader community was engaged through multiple well-attended symposiums, public workshops, focus groups, and public comment forums. Plan Recommendations § The North Tryon Vision Plan recommendations center on creating a district that will attract, retain and strengthen creative industries, innovative arts, and cultural and educational institutions. It primarily accomplishes this by focusing specific recommendations in six key elements: - A diversity of land uses, building heights and massing, - The role of streets to connect people and places, - A hierarchy of well-programmed and activated public spaces, - Pedestrian linkages via promenades, paseos, and alleys, - Destination and locally-serving retail, - Providing a diversity of housing opportunities, and - Shared and coordinated parking. Charlotte-Mecklenburg Planning Commission (Planning Committee) § On September 20, 2016, staff and Center City Partners presented an overview of the Plan development process and policy recommendations to the Planning Committee. § On October 18, 2016, the Planning Committee received public comment on the Plan - no one from the public requested to speak. § On November 15, 2016, the Planning Committee is scheduled to make a recommendation on the Plan. Transportation & Planning Committee § On October 10, 2016, the Transportation & Planning Committee reviewed the draft Plan during its City of Charlotte Page 10 Printed on 11/14/2016 City Council Business Meeting Meeting Agenda November 14, 2016 regular meeting. - During the meeting, staff provided information about the Plan development process, policies, and implementation strategies. § The Committee voted unanimously (Autry, Kinsey, Phipps, and Smith; Lyles was not present) to forward the Plan to the City Council for public comment. Next Steps § The Transportation & Planning Committee is anticipated to make a recommendation on the Plan in December. § The City Council will be asked to consider adopting the vision and recommendations in the North Tryon Plan in January, 2017. Attachment The North Tryon Vision Plan can be found at <http://www.northtryon.org/north-tryon-vision-plan>. City of Charlotte Page 11 Printed on 11/14/2016 City Council Business Meeting Meeting Agenda November 14, 2016 15. Public Hearing on a Resolution to Close a Portion of Greenwood Cliff Action: A. Conduct a public hearing to Close a portion of Greenwood Cliff, and B. Adopt a resolution to close. Staff Resource(s): Jeff Boenisch, Transportation Explanation § North Carolina General Statute 160A-299 outlines the procedures for permanently closing streets and alleys. § The Charlotte Department of Transportation received a petition to abandon public right-of-way and requests this City Council action in accordance with the statute. § The action removes land from public right-of-way status and attaches it to the adjacent property. § The abandonment of Greenwood Cliff would allow for an extension of the existing Pearl Park Way (Pearl Park Project). § There are three primary actions necessary for the Pearl Park Project to move forward: - Approval of a proposed Text Amendment, accomplished on February 15, 2016, - Approval of the real property transactions with Pappas Properties - Terwilliger Pappas (November 14), and - Decision on the Pearl Park Way Extension Tax Increment Grant (November 14, 2016) § The resolution to close this portion of Greenwood Cliff contains a contingency statement that requires the construction of Pearl Park Way Extension and Berkley Place Extension to be completed within five years of this action. § The City intends to keep Greenwood Cliff open to the public until the conditions outlined in the contingency statement are met. § Greenwood Cliff is located in City Council District 1. Petitioners Midtown Partners II, LLC Right-of-Way to be Abandoned Greenwood Cliff is located northwest of Kenilworth Avenue, neighboring the Pearl Street Neighborhood Park. Reason The closing of a portion of Greenwood Cliff will occur in exchange for the construction of the new Pearl Park Way extension. This first phase of this street connection will occur between Kenilworth Avenue and the remaining portion of Greenwood Cliff. In addition, this street closing will allow a number of abutting properties to be recombined in order to accommodate a new development consisting of mixed housing, office, and commercial uses. The proposed development is consistent with the Midtown-Morehead-Cherry Area Plan. Notification As part of the City’s notification process, and in compliance with North Carolina General Statute 160A-299, the Charlotte Department of Transportation submitted this abandonment petition for review by the public and City Departments. Adjoining property owner(s) Mr. Alan Mayfield - Notified/no response Mr. James Keenan - Has concerns that the proposed project design will adversely impact remaining City of Charlotte Page 12 Printed on 11/14/2016 City Council Business Meeting Meeting Agenda November 14, 2016 properties. Mr. David Earnhardt - Notified/no response Mr. Allen James - Notified/no response Mr. William Turner - No objections Mr. Chester Helt - Has concerns, which he and the petitioner are working to resolve. D&R Properties of Charlotte, LLC - Notified/no response Amy ENT, LLC - Notified/no response ODOM Family, LLC - Notified/no response Nameste Properties No. 1, LLC - Notified/no response Liberty Greenwood Cliff, LLC - Notified/no response Neighborhood/Business Association(s) Charlotte Regional Realtor® Association - No objections Private Utility Companies - No objections City Departments Review by City departments identified no apparent reason this closing would: § Be contrary to the public interest; § Deprive any individual(s) owning property in the vicinity of reasonable means of ingress and egress to 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 Greenwood Cliff Resolution to Close a Portion of Greenwood Cliff City of Charlotte Page 13 Printed on 11/14/2016 City Council Business Meeting Meeting Agenda November 14, 2016 POLICY 16. City Manager’s Report City of Charlotte Page 14 Printed on 11/14/2016 City Council Business Meeting Meeting Agenda November 14, 2016 17. Midtown/Pearl Park Redevelopment Project Action: Approve the Economic Development and Global Competitiveness Committee recommendation to: A. Approve the real property transactions and the Infrastructure Reimbursement Agreement with Pappas Properties - Terwilliger Pappas, consistent with the terms in the Term Sheet for the Midtown/Pearl Park redevelopment, B. Adopt Resolutions: - Approving the private sale of property to Pappas Properties - Terwilliger Pappas, and - Approving the Interlocal Agreement with Mecklenburg County, and C. Authorize the Manager or his designee to negotiate and execute all documents necessary to complete the transactions as they are described in the Term Sheet. Committee Chair: James Mitchell, Economic Development & Global Competitiveness Committee Staff Resource(s): Patrick Mumford, Neighborhood & Business Services Todd DeLong, Neighborhood & Business Services Tony Korolos, Engineering & Property Management Explanation § Pappas Properties - Terwilliger Pappas (Pappas) has proposed to redevelop a portion of property generally located at the intersection of Kenilworth Avenue and Pearl Park Way, adjacent to the existing Pearl Street Park. § The redevelopment, as proposed by Pappas, will be planned with street level retail, office, housing, and a hotel that promotes the pedestrian oriented, urban environment described for the area by the Midtown-Morehead-Cherry Area Plan. § Pappas, Mecklenburg County, Charlotte Housing Authority, and the City of Charlotte have developed an agreement to include the construction of new public infrastructure concurrently with the redevelopment. § Pearl Park Way extension is consistent with the City’s adopted policy goals to increased street connectivity citywide, and is a recommendation of the adopted Midtown / Morehead / Cherry Area Plan. § Once complete, Pearl Park Way will provide more route choices in the area and will be an important link for cyclists to connect between the Irwin and Little Sugar Creek greenways. § Real Estate Transactions: - The City of Charlotte will remove property use restrictions on parcels 3, 3.1, 4, 7, and 8, on the map in the attached Term Sheet. - The City of Charlotte will transfer the following remnant parcels to Mecklenburg County for inclusion in the expanded Pearl Street Park, using the Real Estate Ledger to account for their values: § Parcel 1 (tax parcel identification number 125-201-56) on the attached map is approximately 0.14 acres and is valued at $286,254. § Parcel 6 on the attached map is the existing cul-de-sac portion of Baxter Street, which will no longer be needed after construction of the Pearl Park Way extension. Its area is approximately 0.91 acres and its value is $1,982,050. City of Charlotte Page 15 Printed on 11/14/2016 City Council Business Meeting Meeting Agenda November 14, 2016 - Mecklenburg County will transfer the following remnant parcels to the City of Charlotte to be used for the Pearl Park Way extension, using the Real Estate Ledger to account for their values: § Parcels 2 (portion of tax parcel identification number 125-201-48) and 2.1 (portion of tax parcel identification number 125-201-47) on the attached map total approximately 0.72 acres and are valued at $2,273,184. § Parcel 11 (portion of tax parcel identification number 125-201-56) on the attached map is approximately 0.03 acres and is valued at $68,913. § Parcel 9 (portion of tax parcel identification number 125-201-52) on the attached map is approximately 0.63 acres and is valued at $1,270,799. - The City of Charlotte will remove existing park use restrictions and sell the following remnant parcels, received from the County, to Pappas Properties and Terwilliger Pappas, with sale proceeds going to Mecklenburg County: § Parcels 3 (portion of tax parcel identification number 125-201-48) and 3.1 (portion of tax parcel identification number 125-201-47) on the attached map total approximately 0.07 acres and are valued at $221,226. § Parcel 4 (portion of tax parcel identification number 125-201-48) on the attached map is approximately 0.31 acres and is valued at $983,268. - Pappas Properties and Terwilliger Pappas will donate remnant parcels 5 (portion of tax parcel identification number 125-201-41) and 5.1 (portion of tax parcel identification number 125-201-43) to the City of Charlotte to be utilized for the Pearl Park Way extension right-of-way. These two remnant parcels total approximately 0.02 acres. - Pappas Properties and Terwilliger Pappas will sell parcel 12 (tax parcel identification number 125-201-34) on the attached map to the City of Charlotte for a future road connection between Greenwood Cliff and Pearl Park Way extension. Parcel 12 is approximately 0.10 acres and is valued at $313,192. § Infrastructure Reimbursement Agreement: - Pappas has requested reimbursement of approximately $4.417 million in public infrastructure improvements. - Per Council policy, the project qualifies for a 10-year, 45% Tax Increment Grant (TIG) in the form of an Infrastructure Reimbursement Agreement (Agreement). - The Public Improvements to be reimbursed under the terms of the Agreement include: § Extension of Pearl Park Way § Extension of Berkeley Avenue between Greenwood Cliff and Pearl Park Way Extension § Extension of water and sanitary sewer mains from the remainder of Greenwood Cliff to Kenilworth Avenue via Berkeley Avenue and Pearl Park Way § Reimbursement to Pappas for the value of a portion of property (Parcel #12) to be designated as street right-of-way § Extension of Pearl Park Way to Baxter Street § Replacement of parking spaces on Charlotte Housing Authority property - Under the terms of the Agreement, Pappas would build the Public Improvements and will be reimbursed through 45% of the incremental City and County property taxes from a designated area over 10 years. - Additional provisions of the Agreement include: § $4.417 million in reimbursed infrastructure cost with a 6% interest cost of carry § Pappas must request first grant payment within four years after the completion of Phase 1 Public Infrastructure Improvements, but not before the beginning of the construction of Phase 2 Public Infrastructure Improvements. § TIG term ends at 10 years, or when the grant payments equal a present value equal to $4.417 million, whichever is sooner. § Pappas has agreed to work with the City to incorporate a MWSBE Plan approved by the City’s Business INClusion Program. § Interlocal Agreement Resolution: City of Charlotte Page 16 Printed on 11/14/2016 City Council Business Meeting Meeting Agenda November 14, 2016 - The reimbursement arrangement requires the City and County to execute an Interlocal Agreement, which obligates the County to pay 45% of the incremental County property taxes from the designated area to the City during the term of the agreement. The City will remit such payment annually to Pappas. Background § The redevelopment is anticipated to include the following uses: - Office - 36,000 square feet for the Charlotte Regional Realtors Association - Office - 168,000 square feet - Hotel - 150 rooms - Residential - 195 units - Retail - 25,000 square feet - Structured parking - 1,250 spaces § Total estimated private investment equals approximately $204 million. § This redevelopment was referred by the City Manager on October 8, 2015 to the Economic Development and Global Competitiveness Committee for review and recommendation. § This redevelopment was presented to the Economic and Global Competitiveness Committee on the following dates: - October 15, 2015 - April 14, 2016 - September 19, 2016 - October 13, 2016 - October 27, 2016 § The Midtown/Pearl Park Way redevelopment was presented during the City Council Dinner Briefing on October 10, 2016. § The Board of County Commissioners unanimously approved its portion of the agreement on October 4, 2016. Committee Discussion On October 27, 2016, the Economic Development and Global Competitiveness Committee voted unanimously (Mitchell, Driggs, Eiselt, Lyles and Mayfield) to recommend to the City Council approval of the Infrastructure Reimbursement Agreement with Pappas. The agreement is consistent with terms within the Term Sheet and authorizes the City Manager to negotiate and execute all documents necessary to complete the transactions as they are described in the Term Sheet. Charlotte Business INClusion Prior to the City Manager executing the infrastructure reimbursement agreement, the CBI Office will negotiate at least a 10% MSBE subcontracting goal on all work tied to this agreement (Part G, Section 2.7 of the Charlotte Business INClusion Policy). Fiscal Note Funding: Tax Increment Grant .Attachments Attachment City Council Dinner Briefing Presentation on October 10, 2016 Term Sheet Tentative Project Schedule Interlocal Agreement Resolutions City of Charlotte Page 17 Printed on 11/14/2016 City Council Business Meeting Meeting Agenda November 14, 2016 City Council Dinner Briefing - Pearl Park 10-10-16_Final Term Sheet_Midtown_Pearl Park_Redev Project_11-14-16 Tentative project schedule Pearl Park Interlocal Agreement Resolution Pearl Park Interlocal Agreement Resolution City of Charlotte Page 18 Printed on 11/14/2016 City Council Business Meeting Meeting Agenda November 14, 2016 BUSINESS City of Charlotte Page 19 Printed on 11/14/2016 City Council Business Meeting Meeting Agenda November 14, 2016 18. Charlotte-Mecklenburg Police Department - New Police Officers Grant Acceptance Action: A. Authorize the City Manager to accept a grant in the amount of $1,875,000 from the U.S. Department of Justice over three years to fund 15 new police officer positions, and B. Adopt a budget ordinance appropriating $1,875,000 over three years from the U.S. Department of Justice. Staff Resource(s): Jeff Estes, Police Pamela Hamilton, Police Explanation § The Community Oriented Policing Services (COPS) Hiring Program offers $137 million to law enforcement agencies to hire new officers, rehire officers who were laid off, or retain officers who are about to be laid off. § On June 13, 2016, City Council approved the Charlotte-Mecklenburg Police Department’s (CMPD), request to submit the COPS Hiring Program grant application to fund 15 new police officer positions, which is the maximum number allowed for agencies serving populations under 1,000,000. § The officer positions would increase the capacity of CMPD to implement community policing strategies that strengthen partnerships for safer Charlotte neighborhoods and enhance CMPD’s capacity to prevent, solve, and control crime. § CMPD received official notification from the U.S. Department of Justice COPS Office of the grant award on October 3, 2016. - CMPD anticipates hiring the 15 new police officers by September 2017 (Fiscal Year 2018). - It takes CMPD approximately six months to manage the vetting process of police officer applicants for the identification and selection of 15 new police officers. § Per grant requirements, grant proceeds cannot be used to cover previously funded positions. Grant Provisions § The COPS grant funds salaries and benefits for new officers for three years. § The COPS grant will cover up to 75% of the entry-level salary and fringe benefits of each newly hired full-time sworn officer over the three-year award period, with a minimum 25% local cash match requirement of $924,218, and maximum federal share of $125,000 per officer position. § The City must also fund equipment and training for the new officers. § The City must agree to retain all positions that are added as a result of the grant for a minimum of one year after the grant funding ends. - The retention period for each position is based upon the actual hire date. § At the end of the grant period, the City’s number of police officer allocations must remain at the increased level after the addition of the 15 new officers. Fiscal Note Funding: COPS Grant and Police Operating Budget § The total cost for the new officers from Fiscal Year 2018 through Fiscal Year 2020 is estimated to be $3,031,338. § The Federal share is $1,875,000. § In the grant period, the City share of personnel and operating costs will be approximately $924,218: - Fiscal Year 2018: $231,055 - Fiscal Year 2019: $277,265 City of Charlotte Page 20 Printed on 11/14/2016 City Council Business Meeting Meeting Agenda November 14, 2016 - Fiscal Year 2020: $415,898 - Fiscal Year 2021: ongoing annual total personnel and operating costs are estimated to be $1,149,055 per year. § In addition, the City will fund capital cost (vehicles) in the fiscal years the positions are hired for a total of $232,120. § The grant expires after three years. § CMPD will assess its resource needs as part of the FY2018 budget process. Attachment Budget Ordinance CMPD_DOJ_COPS Hiring Grant_Ord_11-14-16 19. Nomination to the Bicycle Advisory Committee Action: Nominate citizens to serve as specified. Staff Resource(s): Stephanie Kelly, City Clerk’s Office Explanation § One appointment for a three-year term beginning January 1, 2016 and ending December 31, 2019. - Martin Zimmerman is eligible and interested in being reappointed. Attachment Bicycle Advisory Committee Applicants 20. Nomination to the Business Advisory Committee Action: Nominate citizens to serve as specified. Staff Resource(s): Stephanie Kelly, City Clerk’s Office Explanation § One recommendation by the Charlotte Chamber of Commerce for appointment by City Council for an unexpired term beginning immediately and ending April 28, 2018. - Robert Grajewski moved his residence outside of Mecklenburg County. - The Charlotte Chamber of Commerce has recommended Sonja Nichols. - The letter of recommendation follows her application. Attachment Business Advisory Committee Applicants City of Charlotte Page 21 Printed on 11/14/2016 City Council Business Meeting Meeting Agenda November 14, 2016 21. Nomination to the Charlotte Housing Authority Action: Nominate a citizen to serve as specified. Staff Resource(s): Stephanie Kelly, City Clerk’s Office Explanation § One appointment for a term beginning December 18, 2016, and ending December 17, 2019. - Dimple Ajmera is eligible and interested in being reappointed. Attachment Charlotte Housing Authority Applicants 22. Nominations to the Charlotte International Cabinet Action: Nominate citizens to serve as specified. Staff Resource(s): Stephanie Kelly, City Clerk’s Office Explanation § One recommendation by the Charlotte Regional Partnership for a term beginning immediately and ending June 30, 2019. - The vacancy is from Cabinet restructuring. - The Charlotte Regional Partnership has recommended Vanessa Goeschl. - The letter of recommendation follows her application. § One recommendation by the Charlotte Regional Visitor’s Authority for a term beginning immediately and ending June 30, 2019. - The vacancy is from the Cabinet restructuring. - No recommendation has been forthcoming from the Charlotte Regional Visitor’s Authority. Attachment Charlotte International Cabinet Applicants 23. Nomination to the Charlotte Tree Advisory Commission Action: Nominate a citizen to serve as specified. Staff Resource(s): Stephanie Kelly, City Clerk’s Office Explanation § One appointment for a three-year term beginning December 18, 2016, and ending December 17, 2019. - Alexander Vuchnich is eligible and interested in being reappointed. Attachment Charlotte Tree Advisory Commission Applicants City of Charlotte Page 22 Printed on 11/14/2016 City Council Business Meeting Meeting Agenda November 14, 2016 24. Nomination to the Historic Landmarks Commission Action: Nominate a citizen to serve as specified. Staff Resource(s): Stephanie Kelly, City Clerk’s Office Explanation § One appointment for an unexpired term beginning immediately and ending July 16, 2018. - Sy’Donia Williams did not meet attendance requirements. Attachment Historic Landmarks Commission Applicants 25. Nominations to Keep Charlotte Beautiful Action: Nominate citizens to serve as specified. Staff Resource(s): Stephanie Kelly, City Clerk’s Office Explanation § One appointment for an unexpired term beginning immediately and ending June 30, 2017. - Russell Adams has resigned. § One appointment for an unexpired term beginning immediately and ending June 30, 2018. - Christina Tierce did not meet attendance requirements. § Two appointments for unexpired terms beginning immediately and ending June 30, 2019. - Kelley Hyland did not meet attendance requirements. - Dave Petine has resigned. Attachment Keep Charlotte Beautiful Applicants 26. Nominations to the Privatization/Competition Advisory Committee Action: Nominate citizens to serve as specified. Staff Resource(s): Stephanie Kelly, City Clerk’s Office Explanation § One appointment to an unexpired term beginning immediately and ending March 1, 2017. - Katherine Stefan did not meet attendance requirements. § One appointment to an unexpired term beginning immediately and ending March 1, 2018. - Emmanuel Reid resigned. Attachment Privatization/Competition Advisory Board Applicants City of Charlotte Page 23 Printed on 11/14/2016 City Council Business Meeting Meeting Agenda November 14, 2016 27. Mayor and City Council Topics The City Council members may share information and raise topics for discussion. City of Charlotte Page 24 Printed on 11/14/2016 City Council Business Meeting Meeting Agenda November 14, 2016 CONSENT City of Charlotte Page 25 Printed on 11/14/2016 City Council Business Meeting Meeting Agenda November 14, 2016 28. Police Foundation Consulting Services Action: A. Approve a contract in the amount of $379,504 with the Police Foundation for consulting services focused on reviewing the Charlotte-Mecklenburg Police Department’s policies, procedures, and its relationship with the community, and B. Authorize the City Manager to approve price adjustments and amend the contract consistent with the City’s business needs and the purpose for which the contract was awarded. Staff Resource(s): Chief Kerr Putney, Police Ann Wall, City Manager’s Office Explanation § The Police Foundation is an independent, non-governmental, research organization based in Washington, D.C. - Incorporated in 1970, the Police Foundation is the oldest nationally known, non-profit, non-partisan, and non-membership driven organization dedicated to improving policing in America. - Their mission is to advance policing through innovation and science. - The Police Foundation has extensive experience in the assessment and evaluation of law enforcement response to critical incidents: § U.S. Department of Justice Collaborative Reform Initiative: An Assessment of St. Louis County Police Department by Cooperative Agreement by the Office of Community Oriented Policing, U.S. Department of Justice, § U.S. Department of Justice Collaborative Reform Initiative: An Assessment of the North Charleston Police Department by Cooperative Agreement by the Office of Community Oriented Policing, U.S. Department of Justice, § Critical incident review and after action assessment of law enforcement response to the San Bernardino Terrorist Shooting, and § Critical incident review and after action assessment of the law enforcement response to the Orlando Pulse nightclub shooting. - The Police Foundation has assembled a highly qualified team with extensive expertise and experience in police-community relations; critical incident review, best practice in policing and law enforcement operations, use of force, implicit bias, and specialized police responses to people with mental illness; problem-oriented policing and internal investigations. § The Police Foundation will conduct an independent assessment of the Charlotte-Mecklenburg Police Department’s (CMPD) policies, procedures, relationship with the community, and CMPD’s work following the September 20, 2016 officer-involved shooting incident. § The assessment will include input from a diverse group of community members and will result in recommendations. § The Police Foundation will work closely with the community, as well as share all deliverables to the community such as compiled reports, recommendations, and communication strategies. § The scope of work will include three phases: - Phase 1 - Development of the Community Advisory Board and Project Strategy: The Police Foundation will develop a Community Advisory Board of key Charlotte stakeholders to include government, business, and community leaders. - Phase 2 - Community Dialogue and Input: The Police Foundation will organize structured listening sessions with members and leaders of the community in conjunction with CMPD, city leaders, and Advisory Board members. - Phase 3 - Critical Incident Review of CMPD’s Response to Protests and Demonstration: The Police Foundation will use its proven model of critical incident review and technical City of Charlotte Page 26 Printed on 11/14/2016 City Council Business Meeting Meeting Agenda November 14, 2016 assistance to review CMPD’s response to protests and demonstrations with a focus on rebuilding relationships between the community and the police. § CMPD will strategically implement both short and long term recommendations and demands in response to The Police Foundation, The President’s Task Force on 21st Century Policing, and Community Activist Groups. § Contract expenditures are $379,504. Fiscal Note Funding: General Capital Reserves City of Charlotte Page 27 Printed on 11/14/2016 City Council Business Meeting Meeting Agenda November 14, 2016 29. Charlotte-Mecklenburg Police Department Hickory Grove Division Office Design Services Action: Approve a contract in the amount of $602,700 with Little Diversified Architectural Consulting, Inc. for architectural services for the Charlotte-Mecklenburg Police Department Hickory Grove Division Office. Staff Resource(s): William Haas, Engineering & Property Management Jeff Estes, Police Explanation § The contract with Little Diversified Architectural Consulting, Inc. will provide architectural design services for a new 13,000-square-foot facility located on City-owned property at 7035 Albemarle Road for the Charlotte-Mecklenburg Police Department (CMPD) Hickory Grove Patrol Division. § CMPD currently leases a facility located at 5727 North Sharon Amity Road. The facility does not meet CMPD’s current or future needs because it has limited public access and exposure, and is not centrally located within the Hickory Grove Division boundaries. § The contract will provide architectural design services, including but not limited to: - Site and building planning design, - Construction documents, - Project administration/programming phasing, and - Construction administration. § On March 22, 2016, a Request for Qualifications (RFQ) was advertised for architectural services. In response to the RFQ, the City received 15 proposals from interested professional service providers. § The project team, consisting of staff from Engineering & Property Management and CMPD, evaluated the proposals and determined Little Diversified Architectural Consulting, Inc. is best qualified to meet the City’s needs in terms of qualifications, experience, cost and responsiveness to RFQ requirements. § It is anticipated this facility will achieve at least the base level LEED version 4 certification as required by the City’s Sustainable Facilities Policy adopted by the City Council in May 2016. § Comparisons of the 13 CMPD division stations show that the LEED certified facilities are 20% more energy efficient than the non-LEED certified facilities. § The project is funded through the Fiscal Year 2017 Community Investment Plan. § Staff will ask the City Council to consider awarding a construction contract in late 2017. Charlotte Business INClusion The City negotiates subcontracting participation after the proposal selection process (Part C: Section 2.1 (h) of the Charlotte Business INClusion Policy). Little Diversified Architectural Consulting, Inc. has committed 23.08% ($139,100) of the total contract amount to the following certified firms: · AME Consulting Engineers, Inc. (SBE) ($126,200) (mechanical, electrical and plumbing design services/fire protection design services) · R.M. Rutherford and Associates, Inc. (SBE) ($12,900) (cost estimation services) Fiscal Note Funding: General Community Investment Plan Attachment Map Location Map - Hickory Grove Division Station Design Services City of Charlotte Page 28 Printed on 11/14/2016 City Council Business Meeting Meeting Agenda November 14, 2016 30. 2016 Assistance to Firefighters Grant Application Action: A. Authorize the Charlotte Fire Department to apply for a grant for the 2016 Assistance to Firefighters local grant program in the amount of $1,000,000 for thermal imaging cameras and fire bailout equipment, and B. Authorize the Charlotte Fire Department to apply for the 2016 Assistance to Firefighters regional grant program in the amount of $3,000,000 to enhance regional radio communications. Staff Resource(s): Kevin Gordon, Fire Rich Granger, Fire Explanation § The Assistance to Firefighters Grant is a competitive federal grant program that the Charlotte Fire Department (CFD) applies for annually. § Under the Assistance to Firefighters grant program, awards are granted at both the local and regional level. For calendar year 2017, CFD will apply for both the local and regional awards. § A future City Council action will be requested to accept the grant awards if awarded. Action A - 2016 Assistance to Firefighters Local Grant § The 2016 Assistance to Firefighters local grant program allows fire and emergency medical service departments to apply for matching grants for equipment and protective gear. § Fire would use the local grant program funding to purchase the following: - 42 new thermal imaging cameras, which can detect or “see” emitted heat energy through filters including smoke and dust. The cameras can assist with locating people and/or detecting localized fire hotspots. This equipment can sense energy emitted through walls and doors, which indicates heat. - 1,050 sets of fire escape/bailout equipment, which is utilized to get firefighters out of harm’s way when a ladder/stairs are not available. § The grant is 90% federal share and 10% local match. - The 90% federal share is $900,000. - The 10% local match is $100,000 which will come from funds already appropriated in CFD’s Miscellaneous Equipment budget. Action B - 2016 Assistance to Firefighters Regional Grant § The 2016 Assistance to Firefighters regional grant program allows fire and emergency medical service departments to apply for matching grants for regional projects. § CFD will serve as the host applicant agency for a regional grant to enhance radio communications. § Grant funds will be applied toward the purchase of new digital equipment that will: - Improve the coverage and resiliency of the emergency radio system throughout the region, and - Provide a redundant digital route for radio communication across cities and several counties (Cabarrus, Mecklenburg, Union, and Stanly) to the Urban Areas Security Initiative regional master site, enhancing the safety of first responders. § The grant is 90% federal share and 10% local match. - The federal 90% share is $2,700,000. - The local 10% match is $300,000, which is funded by Innovation and Technology’s Operating and Capital Budget. Fiscal Note Funding: 2016 Assistance to Firefighters Grant and General Community Investment Plan City of Charlotte Page 29 Printed on 11/14/2016 City Council Business Meeting Meeting Agenda November 14, 2016 31. One North Carolina Fund Contract for YG-1 Tool Company Action: Approve a contract in the amount of $135,000 with the North Carolina Department of Commerce and YG-1 Tool Company for job creation and investment. Staff Resource(s): Kevin Dick, Neighborhood & Business Services Explanation § This action is a technical correction authorizing the City to enter into an agreement with the North Carolina Department of Commerce and YG-1 to expend the grant funds. - On June 23, 2014, the City Council approved a Business Investment Grant with YG-1 Tool Company to open a new manufacturing plant and technology center in Southwest Charlotte. The YG-1 Tool Company committed to creating 38 new jobs and investing $10.8 million of taxable investment in the project over a three-year period. - As part of the June 23rd action, staff inadvertently omitted language to appropriate both the grant and award the contract. Background § The One North Carolina Fund is a grant that matches local government grants within North Carolina to secure commitments for the recruitment, expansion, or retention of new or existing businesses. Fiscal Note Funding: One North Carolina Fund 32. One North Carolina Fund Contract for Republic Services Action: Approve a contract in the amount of $216,000 with the North Carolina Department of Commerce and Republic Services for job creation and investment. Staff Resource(s): Kevin Dick, Neighborhood & Business Services Explanation § This action is a technical correction authorizing the City to enter into an agreement with the North Carolina Department of Commerce and Republic Services to expend the grant funds. - On March 14, 2016, the City Council approved a Business Investment Grant to Republic Services to open a new waste management customer service operation in the University City area. Republic has committed to creating 350 new jobs and investing $6.8 million of taxable investment in the project. - As part of the March 14th action, staff inadvertently omitted language to appropriate both the grant and award the contract. Background § The One North Carolina Fund is a grant fund available to match local government grants to make funding available within North Carolina to secure commitments for the recruitment, expansion, or retention of new or existing businesses. Fiscal Note Funding: One North Carolina Fund City of Charlotte Page 30 Printed on 11/14/2016 City Council Business Meeting Meeting Agenda November 14, 2016 33. Solid Waste Services Compressed Natural Gas Refuse Vehicles Grant Action: A. Authorize the City Manager to accept an award of $253,197 for the 2016 Clean Fuel Advanced Technology Grant, and B. Adopt a budget ordinance appropriating $253,197 from North Carolina State University’s North Carolina Clean Energy Technology Center. Staff Resource(s): Victoria Johnson, Solid Waste Services Chris Trull, Management & Financial Services Explanation § The Clean Fuel Advanced Technology project is focused on reducing transportation related emissions in North Carolina counties that have air quality concerns. North Carolina State University’s North Carolina Clean Energy Technology Center is the facilitator for this project. The project is funded by the North Carolina Department of Transportation. § Compressed natural gas refuse trucks burn cleaner fuel, produce fewer carbon dioxide emissions, and cost 50% less to operate than diesel fuel trucks. § This is the third time the City has been awarded the Clean Fuel Advanced Technology Grant: - On November 25, 2013, the City Council authorized the City Manager to accept the 2013 Clean Fuel Advanced Technology Grant award in the amount of $168,400. - On September 28, 2015, the City Council authorized the City Manager to accept the 2015 Clean Fuel Advanced Technology Grant award in the amount of $169,008. - Solid Waste Services (SWS) was notified of an additional grant award of $253,197 in October 2016. Accepting the grant requires the City to match 20%, or $63,299, which will be funded out of the existing General Capital Equipment Replacement Fund for SWS. § The grant and City matching funds will cover the incremental cost difference between eight diesel and Compressed Natural Gas (CNG) cab/chassis. The current incremental difference is $39,562 per vehicle. § The eight CNG refuse truck cab/chassis are to be purchased through a cooperative purchasing contract with the North Carolina Sheriff’s Association approved by City Council on July 25, 2016. § The additional CNG vehicles will not expand the overall SWS fleet but will replace eight diesel vehicles scheduled for replacement through the City’s approved Fiscal Year 2017 General Capital Equipment list. § The CNG trucks will begin fueling on-site at the SWS facility’s CNG fueling station to be installed and operated by Piedmont Natural Gas by spring 2017. - On March 28, 2016, the City Council awarded a unit price contract for a pilot project station with Piedmont Natural Gas for the purchase of compressed natural gas for five years. § The project supports the Environmental Focus Area Plan’s commitment to sound environmental practices in City facilities and operations. The purchase of the eight CNG vehicles will increase the CNG refuse truck fleet to 28 and achieve SWS’ goal of a 50% alternative fleet of automated refuse trucks. Fiscal Note Funding: 2016 Clean Fuel Advanced Technology Grant and the General Capital Equipment Replacement Fund Attachment Budget Ordinance Budget Ordinance on CNG_11.14.2016 Agenda City of Charlotte Page 31 Printed on 11/14/2016 City Council Business Meeting Meeting Agenda November 14, 2016 34. Landfill Gas Migration Control System Action: Award a contract in the amount of $263,912 to the lowest responsive bidder Stearns, Conrad and Schmidt, Consulting Engineers, Inc. dba SCS Field Services, Inc. for the Landfill Gas Migration Control System project. Staff Resource(s): Douglas Pierotti, Engineering & Property Management Explanation § The former York Road landfill operated as a solid waste landfill from 1968 to 1986 and was permanently closed in 1987 in accordance with regulatory rules. § Landfill gas (methane) is a by-product of trash decomposition and is regulated by the North Carolina Department of Environmental Quality (NCDEQ). § Testing of monitoring wells indicates landfill gas near one of the property boundaries. NCDEQ regulations require control systems to prevent landfill gas from leaving the property. The migration control system is a low-vacuum pump and series of connected wells. This new system will supplement previously installed control methods. § On September 23, 2016, the City issued an Invitation to Bid for the Landfill Gas Migration Control System installation; five bids were received from interested service providers. § SCS Field Services, Inc. was selected as the lowest responsive, responsible bidder. § The project is anticipated to be complete by second quarter 2017. Charlotte Business INClusion Construction contracts estimated to be less than $300,000 are informal and exempt from the goal setting process (Part A: Section 3.1 of the Charlotte Business INClusion Policy). However, SCS Field Services, Inc. has committed 26.16% ($69,030) of the total contract amount to the following certified firms: · Enviro Equipment, Inc., SBE, ($61,165) (blower installation) · A & W Electric, Inc., SBE, ($6,050) (electrical) · R. Joe Harris & Associates, Inc., SBE, ($1,815) (surveying) Fiscal Note Funding: General Community Investment Plan City of Charlotte Page 32 Printed on 11/14/2016 City Council Business Meeting Meeting Agenda November 14, 2016 35. Reedy Creek Monitoring Study Amendment Phase 2 Action: Approve contract amendment #1 for $326,000 to the Reedy Creek Monitoring Study to continue water quality and aquatic life monitoring. Staff Resource(s): Marc Recktenwald, Engineering & Property Management Explanation § The Reedy Creek Stream Restoration Project is the City’s first design-build stream restoration project. It will provide 25,000 feet of mitigation credits for the City’s Stream and Wetland Mitigation Bank to offset the impacts of other City infrastructure projects on local streams. § As part of this project, Engineering & Property Management (E&PM) engaged University of North Carolina at Charlotte (UNCC) to do a baseline assessment on wildlife in Reedy Creek. § This multi-phase study will help determine the most cost effective water quality improvement approaches necessary to meet federal and state stream water quality requirements. § On December 10, 2012, City Council approved a four-year contract with UNCC in the amount of $380,000 for the Reedy Creek Monitoring Study - Phase 1. § Phase 1 of the study, pre-construction monitoring, was conducted by UNCC in Reedy Creek as part of the original contract. § Amending the contract will allow UNCC to complete Phase 2 of the Reedy Creek Monitoring Study. The purpose of Phase 2 is to evaluate the impact of stream restoration construction and the recovery rate of the water quality standards the City is held accountable for under state and federal laws. § In addition, UNCC has the resources to conduct pre-construction monitoring for the Toby Creek Stream Restoration Post Construction Stormwater Ordinance (PCSO) pilot project. This amendment includes initial work on Toby Creek as part of the Stormwater Control Measure Pilot Program. - UNCC is planning to implement a stream restoration project as part of its PCSO compliance requirement. Stream restoration is currently not listed as an option for PCSO compliance. This pilot will allow E&PM to test another stormwater control measure. - The Stormwater Control Measure Pilot Program allows public and private developers to propose alternative PCSO compliance options for study within the program. - If a study results in successful pollution removal rates, then the stormwater control measure is added as a PCSO compliance option for everyone. § Contract amendment #1, in the amount of $326,000, will bring the total contract amount to $706,000, allowing for continuation of the multi-phase Reedy Creek Monitoring Study and the initiation of the Toby Creek Stream Restoration PCSO pilot project over the next three years. § Staff may return to City Council to request an amendment for further study, Phase 3, provided this phase is completed successfully and sufficient funding is available. Fiscal Note Funding: Storm Water Services Operating Budget Attachment Map Location Map - Reedy Creek Monitoring Study Amendment City of Charlotte Page 33 Printed on 11/14/2016 City Council Business Meeting Meeting Agenda November 14, 2016 36. Geotechnical and Construction Materials Testing Services for Various Projects Action: A. Approve a unit price contract with the following companies for Engineering Division Construction services for a term of three years: - ESP Associates, PA, - Froehling & Robertson, Inc., - S&ME, Inc., - Summit Design and Engineering Services, PLLC, and - Terracon Consultants, Inc., B. Approve a unit price contract with the following companies for Storm Water Construction services for a term of three years: - AMEC Foster Wheeler Environment & Infrastructure, Inc., - ECS Carolinas, LLP, - ESP Associates, PA, - Froehling & Robertson, Inc., - S&ME, Inc., and - Terracon Consultants, Inc., and C. Approve a unit price contract with the following companies for Storm Water Design services for a term of three years: - ESP Associates, PA - Terracon Consultants, Inc. D. Approve a unit price contract with Terracon Consultant, Inc. for Charlotte Department of Transportation Maintenance services for a term of three years. Staff Resource(s): Bryan Tarlton, Engineering & Property Management Susan Tolan, Engineering & Property Management Explanation § The contracts will provide geotechnical and construction materials testing, such as soil sampling and laboratory services for various construction projects within the City of Charlotte. § Geotechnical and construction materials testing are necessary to ensure projects meet construction plans and specifications requirements. § On March 21, 2016, the City issued a Request for Qualification for Geotechnical and Construction Materials Testing Services. In response to the RFQ, the City received 15 proposals from interested professional service providers. § Consultants were selected pursuant to the City Council-approved, qualifications-based, selection process in accordance with North Carolina General Statutes. Action A Total expenditures for each contract are estimated to be $750,000 over the three-year term, for an aggregate total of $3,750,000. Action B Total expenditures for all contracts are estimated to be $3,500,000 in the aggregate over the three-year City of Charlotte Page 34 Printed on 11/14/2016 City Council Business Meeting Meeting Agenda November 14, 2016 term. § AMEC Foster Wheeler Environment & Infrastructure, Inc.: $500,000, § ECS Carolinas, LLP: $500,000, § ESP Associates, PA: $500,000, § Froehling & Robertson, Inc.: $500,000, § S&ME, Inc.: $750,000, and § Terracon Consultants, Inc.: $750,000. Action C Total expenditures for each contract are estimated to be $300,000 over the three-year term, for an aggregate total of $600,000. Action D Total expenditures for the contract are estimated to be $675,000 over the three-year term. Charlotte Business INClusion The City negotiates subcontracting participation after the proposal selection process (Part C: Section 2.1(h) of the Charlotte Business INClusion Policy). Each of the Prime firms listed has identified MSBE firms to participate as project scopes are defined, and committed 10% of the total contract amount to the following certified firms: AMEC Foster Wheeler Environment & Infrastructure, Inc. · Capstone Civil Group, P.A. (SBE, MBE) (engineering services) · Joel E. Woods Associates (SBE) (geotechnical) ECS Carolinas, LLP · AmeriDrill Corporation (SBE) (drilling) ESP Associates, PA · Ameridrill Corporation (SBE) (drilling) · Capstone Civil Engineering, Inc. (SBE, MBE) (engineering services) Froehling & Robertson, Inc. · Capstone Civil Engineering, Inc. (SBE, MBE) (engineering services) S&ME, Inc. · Capstone Civil Engineering, Inc. (SBE, MBE) (engineering services) Summit Design and Engineering Services, PLLC · Capstone Civil Engineering, Inc. (SBE, MBE) (engineering services) Terracon Consultants, Inc. · Joel E. Woods Associates (SBE) (geotechnical) · CWI Services (SBE) (inspection services) Fiscal Note Funding: Engineering & Property Management Operating Budget City of Charlotte Page 35 Printed on 11/14/2016 City Council Business Meeting Meeting Agenda November 14, 2016 37. South Tryon Street Sidewalk Project Action: Award a contract in the amount of $1,292,362.60 to the lowest responsive bidder Little Mountain Builders of Catawba, Inc. for the South Tryon Street Sidewalk Improvements Project. Staff Resource(s): Bette Frederick, Engineering & Property Management Explanation § The South Tryon Street Sidewalk Improvements project supports the City’s Sidewalk Program to enhance connectivity, offer transportation choices and improve pedestrian safety. § The project will install sidewalk along the south side of South Tryon Street from Tyvola Road to Nations Ford Road (approximately 1.0 miles). § On August 29, 2016, the City issued an Invitation to Bid; six bids were received from interested service providers. § Little Mountain Builders, Inc. was selected as the lowest responsive, responsible bidder. § The project is eligible for reimbursement of up to 50% through the Federal Congestion Mitigation and Air Quality Improvement Program. The remaining 50% will be paid by the City. § Construction is expected to be completed by June 2017. Reject Low-Bid Explanation § The bid received from B&N Grading, Inc. in an amount of $1,176,600.50 was found non-responsive as a result of not complying with contract requirements. Disadvantaged Business Enterprise Established DBE Goal: 2% Committed DBE Goal: 5.42% Little Mountain Builders exceeded the established subcontracting goal and has committed 5.42% ($70,000) of the total contract amount to the following DBE certified firm: · RRC Concrete (DBE) ($70,000) (retaining wall) Fiscal Note Funding: General Community Investment Plan Attachment Map Location Map - South Tryon Street Sidewalk Project City of Charlotte Page 36 Printed on 11/14/2016 City Council Business Meeting Meeting Agenda November 14, 2016 38. Community House Road Farm-to-Market - Phase I & Phase II Landscaping Action: Award a contract in the amount of $322,204.85 to the lowest responsive bidder Champion Landscapes Inc. for landscaping services to the Community House Road Farm-to-Market Road Improvements project. Staff Resource(s): Tim Greene, Engineering & Property Management Derrel Poole, Engineering & Property Management Explanation § The work will include the installation of trees and shrubs along Community House Road from the Ardrey Kell Road intersection north to the Paradise Ridge Road intersection. § On October 26, 2015, the City Council awarded a contract for the construction of the Community House Road Farm-to-Market Road Improvement project, a 2008 and 2010 Bond project, currently nearing completion. § The Community House Road Farm-to-Market project included: - Roadway widening, - A single lane roundabout at the intersection of Willow Rock Road, - A double lane roundabout at the Bryant Farms Road intersection, - Bicycle lanes, - Lighting, - Curb and gutter, and - Planting strips. § On October 4, 2016, the City issued an Invitation to Bid for the project; one bid was received from an interested service provider. § Champion Landscapes Inc. was selected as the lowest responsive, responsible bidder. § The bid was deemed competitive as prices are comparable to other projects with similar scope. § Landscaping is anticipated to be complete by April 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), however several MWSBE’s were directly solicited during the invitation to bid. The City hosts an annual Landscape Contractor’s Outreach session to encourage contractor participation. This year’s outreach session was held September 21, 2016. Fiscal Note Funding: General Transportation Community Investment Plan Attachment Map Location Map - Community House Road Farm to Market - Phase I and II (Landscaping) City of Charlotte Page 37 Printed on 11/14/2016 City Council Business Meeting Meeting Agenda November 14, 2016 39. Johnston Oehler Road Farm-to-Market Landscaping Services Action: Award a contract in the amount of $215,272.31 to the lowest responsive bidder, Johnathan Pratt Landscaping Service, for the Johnston Oehler Road Farm-to-Market project. Staff Resource(s): Leslie Bing, Engineering & Property Management Explanation § The work will include the installation of large and small trees, shrubs and ground cover plants within the medians and planting strips along Johnston Oehler Road from west of Prosperity Ridge Road to Mallard Creek Road. § On June 23, 2014, the City Council approved project improvements, including a two-lane roadway with a center turn lane, bike lanes, curb and gutter, planting strips, sidewalks, street trees, and lighting. § On October 4, 2016, Engineering & Property Management issued an Invitation to Bid; four bids were received from interested service providers. § Johnathan Pratt Landscaping Service was selected as the lowest responsive, responsible bidder. § Installation is expected to be complete by April 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), however several MWSBE’s were directly solicited during the invitation to bid. The City hosts an annual Landscape Contractor’s Outreach session to encourage contractor participation. This year’s outreach session was held September 21, 2016. Fiscal Note Funding: General Transportation Community Investment Plan Attachment Map Location Map - Johnston Oehler Road Farm to Market (Landscaping) City of Charlotte Page 38 Printed on 11/14/2016 City Council Business Meeting Meeting Agenda November 14, 2016 40. Brevard Street Improvements Design Services Action: A. Approve a contract in the amount of $397,948 with Kimley-Horn and Associates, Inc. for the Brevard Street Improvements, and B. Adopt a budget ordinance appropriating $500,000 from the sale of the parcels for the I-277 NASCAR Hall of Fame Roadway Improvements. Staff Resource(s): Bette Frederick, Engineering & Property Management Explanation § Kimley-Horn & Associates, Inc. completed 70% design for the Brevard Street Improvements in 2011. Shortly thereafter, the project was placed on hold. § Due to increased development along the corridor, funds for this project are being allocated from proceeds of the sale of the I-277 NASCAR Hall of Fame Roadway Improvements. § The Brevard Street project is a vital link between Trade Street at the Spectrum Center and Martin Luther King Boulevard at the NASCAR Hall of Fame. It is intended to create a street that will easily accommodate large amounts of pedestrians and festival activities. § The contract will provide engineering design services, including but not limited to: - Public involvement, - Developer coordination, - Permitting, - Cost estimates, - Utility coordination, - Storm drainage analysis, and - Traffic analysis. § On February 12, 2009, the City advertised the original Request for Qualifications (RFQ) for planning and design on the Brevard Street Improvements. In response to the RFQ, the City received 15 proposals from interested professional services providers. § The Project Team, consisting of staff from Planning, Engineering & Property Management, and the Charlotte Department of Transportation, evaluated the proposals and determined Kimley-Horn and Associates, Inc., is the best qualified firm to meet the City’s needs in terms of competence and professional services qualifications. § The budget ordinance exceeds the design contract in order to cover ongoing costs for staff, coordination with developers, geotechnical and survey costs. § Future real estate and construction funding will need to be identified. 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). Kimley-Horn has committed 9.46% ($37,650) of the total contract amount to the following certified firm: · Hinde Engineering (SBE) ($37,650) (utility coordination) Fiscal Note Funding: General Community Investment Plan Attachment Map Budget Ordinance Location Map - Design Services for Brevard Street Improvements EPM ord 111416 HOF Roadway Improvements City of Charlotte Page 39 Printed on 11/14/2016 City Council Business Meeting Meeting Agenda November 14, 2016 41. Private Developer Funds for Traffic Signal Equipment Relocation Action: Adopt a budget ordinance appropriating $9,000 in private developer funds for traffic signal equipment relocation from the QuikTrip Corporation. Staff Resource(s): Scott Putnam, Transportation Explanation § The QuikTrip Corporation is funding the relocation of existing traffic signal equipment to accommodate the development project at the intersection of The Plaza and WT Harris Boulevard. § The cost for the relocation of traffic signal equipment and related work associated with the developer’s project is $9,000, with funding restricted to this project. § Payments made by the developer are in response to estimates of work prepared by the Charlotte Department of Transportation (CDOT) and supplied to the developer. § The signal meets the same criteria as other traffic signals approved by the City. § 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 the signal as part of the existing signal systems in the area. Fiscal Note Funding: Private Developer Contributions Attachment Map Budget Ordinance Traffic Signal Improvements 112016 CDOT ord 11-14-16 Developer Contributions City of Charlotte Page 40 Printed on 11/14/2016 City Council Business Meeting Meeting Agenda November 14, 2016 42. CATS Vehicles Purchase Action: A. Award a unit price contract to the lowest responsive bidders for the purchase of vehicles for an initial term of one year: - Ben Mynatt Chevrolet, - Performance Dodge, - Piedmont Truck, and - Tindol Ford B. Authorize the City Manager to renew the contracts for up to four 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 Muth, CATS Explanation § The Charlotte Area Transit System (CATS) uses several types of vehicles for response and management needs including sedans, sport utility vehicles, trucks, and vans. These vehicles do not transport the public and are not used for revenue services. § The vehicles are used for a variety of tasks including, but not limited to: - On-scene supervisory response to incidents, - Transport of necessary employees and equipment to CATS facilities, and - Transport of construction management personnel to inspect work-sites. § On August 8, 2016, CATS issued an Invitation to Bid; seven bids were received from interested service providers. § The companies listed above were selected as the lowest responsive, responsible bidder on one or more required vehicle types. § Staff anticipates renewing the contracts for up to four additional, one-year terms at prices to be negotiated based on market conditions at the time of renewal. § Estimated annual expenditures for each contract are: - Ben Mynatt Chevrolet - $600,000, - Performance Dodge - $600,000, - Piedmont Truck - $200,000, and - Tindol Ford - $600,000. Charlotte Business INClusion No subcontracting goals were established because there are no opportunities (Part B: Section 2.3 of the Charlotte Business INClusion Policy). Disadvantage Business Enterprise Opportunity (DBE) Pursuant to the Department of Transportation DBE program, subpart C, no DBE utilization goal was set for this solicitation and resultant because there will be no subcontracting opportunities. Fiscal Note Funding: CATS Community Investment Plan City of Charlotte Page 41 Printed on 11/14/2016 City Council Business Meeting Meeting Agenda November 14, 2016 43. CATS Transit Bus Stop Improvements Action: A. Award a contract in the amount of $89,538.75 to the lowest responsive bidder M.H. Graves Construction Co. for the CATS Transit Bus Stop Improvements project, and B. Authorize the City Manager to approve up to two renewals each in an amount up to the original contract amount, and to amend the contract consistent with the City’s business needs and the purpose for which the contract was approved. Staff Resource(s): Steve Warren, CATS Becky Chambers, Engineering & Property Management Explanation § The project will construct improvements to transit bus stops at various locations throughout the City. Improvements will include concrete waiting pads that will be a minimum of 5x8-feet in size in order to ensure compliance with the American with Disabilities Act. § On September 20, 2016, the City issued an Invitation to Bid for CATS Transit Bus Stop Improvements for Fiscal Year 2017; two bids were received from interested service providers. § M.H. Graves Construction Co. was selected as the lowest responsive, responsible bidder. § The renewals are an incentive to the contractor for good performance and quality work. Disadvantaged Business Enterprise Established DBE Goal: 10.5% Committed DBE Goal: 12.3% M.H. Graves Construction exceeded the established DBE subcontracting goal and has committed 12.3% ($11,000) of the total contract amount to the following firm: · Miles Freight Solutions (DBE) ($11,000) (hauling, material disposal) Fiscal Note Funding: Transit Community Investment Plan Attachment Map BusStops2017 - MAP with council districts City of Charlotte Page 42 Printed on 11/14/2016 City Council Business Meeting Meeting Agenda November 14, 2016 44. LYNX Blue Line Extension Station Finishes Contract Amendment Action: Approve contract amendment #2 for $380,000 with Edison Foard for the Blue Line Extension Station Finishes project. Staff Resource(s): John Lewis, CATS 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 for all of the 11 stations on the alignment. § Contract amendment #2 is needed to settle all contractor claims to date, including issues related to schedule delays, re-sequencing of work, and to accelerate the remaining work to meet completion dates required for follow-on contracts. - The schedule delays are related to the following: § Major revision to the electrical design which impacted the completion of electrical work at all stations and the installation of the electrical cabinet, § Survey issues and delays on completion of the station foundations, and § Weather related delays. § Contract amendment #1 modified the payment provisions of the contract and was executed on October 12, 2016. Contract amendment #1 did not change the contract amount. § Contract amendment #2 brings the new contract total to $21,757,750, which is within the current BLE project budget. § The work is approximately 60% complete and is expected to be completed in March 2017. Disadvantaged 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: Transit Community Investment Plan City of Charlotte Page 43 Printed on 11/14/2016 City Council Business Meeting Meeting Agenda November 14, 2016 45. Blue Line Extension Freight Track Relocation Reimbursement Action: Approve contract amendment #1 for $2,000,000 to reimburse Norfolk Southern Railway Company for the costs incurred for the freight track relocation work necessary for the construction of the LYNX Blue Line Extension project. Staff Resource(s): John Lewis, CATS Jill Brim, CATS Explanation § The construction of the LYNX Blue Line Extension (BLE) requires that approximately one mile of freight and intercity railroad tracks be relocated within the railroad corridor from approximately 30th Street to Craighead Road. § The BLE Civil Segment A contractor is responsible for the civil component of the freight track relocation, including: - Grading, - Drainage, - Utility relocation, - Structures, and - Sub-ballast. § Norfolk-Southern Railway Company (NS) is responsible for the remainder of the freight track relocation work, including: - Track, ballast, and tie construction, - Signal and communication work, - Engineering review of both Civil A and NS contracted work, - Construction inspection of both Civil A and NS contracted work, and - Flagging services. § On March 26, 2012, the City Council authorized the City Manager to negotiate and execute a construction agreement with NS for the relocation of freight and intercity rail tracks to accommodate the LYNX Blue Line Extension. - Negotiations with NS were completed and the actual construction agreement was executed on May 4, 2012. § On April 28, 2014, the City Council authorized up to $12 million for the City to reimburse NS for all costs associated with the relocation of the freight and intercity tracks. § Contract amendment #1 for $2,000,000 is needed due to the following: - Significantly longer construction period for the Civil A work than originally identified, - Additional engineering review of design changes, - Work requiring additional plan and submittal review and inspection, and - Additional flagging, including flagging at overtime rates. § The new authorized reimbursement amount will be $14 million, which is within the current BLE project budget. Fiscal Note Funding: CATS Community Investment Plan City of Charlotte Page 44 Printed on 11/14/2016 City Council Business Meeting Meeting Agenda November 14, 2016 46. Airport Employee Security Background Check Services Contract Extension Action: A. Approve a one-year contract extension with Transportation Security Clearinghouse for criminal history records checks and security threat assessment services, and B. Authorize the City Manager to renew the contract for up to one additional, one-year 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): Jack Christine, Aviation Explanation § On December 9, 2013, the City Council approved a three-year contract with Transportation Security Clearinghouse to provide criminal history records and security threat assessment checks services for the Airport. - The original contract was written to include two, one-year term extensions, which was not included in the Request for Council Action on December 9, 2013. - Following a favorable experience with Transportation Security Clearinghouse, Aviation is requesting that City Council approve the first one-year extension as written in the original contract. § Security threat assessments and criminal history record checks are prerequisite requirements for employees working at the Airport in order to gain access to secured areas. § There is approximately 16,000 staff, including contractor employees, tenant employees, and Aviation Department employees in the badging database. Employees receive criminal history records checks upon initial application and recurring every two years. Employees receive a security threat assessment upon enrollment in the badging system. § On October 24, 2013, the Aviation Department issued a Request for Proposal; three proposals were received from interested service providers. § Aviation staff evaluated the proposals and selected the Transportation Security Clearinghouse based on the depth and breadth of its experience, and the ability to provide the proposed services. § The Aviation Department is reimbursed for the costs of the badging fees for Airport tenants during the badge application process. § The estimated annual cost of the contract is $215,000. Charlotte Business INClusion No subcontracting goal was established for this extension because there are no subcontracting opportunities (Part D: Section 6 of the Charlotte Business INClusion Policy). Fiscal Note Funding: Aviation Operating Budget City of Charlotte Page 45 Printed on 11/14/2016 City Council Business Meeting Meeting Agenda November 14, 2016 47. Airport Debt Management Consulting Services Action: A. Approve a contract with Frasca and Associates, LLC for debt management consulting services for an initial term of three years, and B. Authorize the City Manager to renew the contract for two additional, one-year terms consistent with the City’s business needs and the purpose for which the contract was approved. Staff Resource(s): Michael Hill, Aviation Explanation § The Aviation Department requires specialized professional assistance in managing the financing and implementation of the Aviation Community Investment Plan, maintaining the Airport’s credit rating, and preparing financial statements and other required financial documents. § Aviation works closely with the City’s Management & Financial Services Department on all matters related to the financing and development of the Aviation Community Investment Plan. § On November 25, 2013, the City Council approved a contract with Frasca and Associates, LLC for financial consultant services. § For the past three years, Frasca and Associates, LLC has served as a financial consultant to the Airport on financial matters including the issuance of airport revenue bonds, development of a capital funding strategy, maintenance of the Airport’s credit rating, negotiations of the airline use agreement, and other financial-related activities. § A waiver of competitive solicitation was granted for the current contract due to Frasca and Associates, LLC successful past performance and intimate familiarity with the Airport’s financial position. § Estimated contract expenditures are $300,000 annually. 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). Frasca and Associates, LLC has committed 10.00% of the total contract amount to the following certified firm: · Charles Simmons, Certified Public Accountant (MBE) (financial analysis services) Fiscal Note Funding: Aviation Operating Budget City of Charlotte Page 46 Printed on 11/14/2016 City Council Business Meeting Meeting Agenda November 14, 2016 48. Airport Vehicle Repair Parts Action: A. Approve the purchase of Thermo King heating, ventilation and air conditioning parts, and technical support for airport vehicles as authorized by the sole source exemption of G.S. 143-129 (e)(6), B. Approve a contract with Thermo King Central Carolinas, LLC. for the purchase of parts and technical support for the term of three years, and C. 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 Sole Source Exemption § G.S. 143-129 (e) (6) provides that formal bidding requirements do not apply when: - Performance or price competition are not available; - A needed product is available from only one source or supply; or - Standardization or compatibility is the overriding consideration. § Sole sourcing is necessary for this contract because new systems and parts purchased will need to be compatible with existing systems. § The City Council must approve purchases made under the sole source exception. Explanation § Aviation relies on a fleet of buses to transport passengers to and from parking lots and the Terminal. Fully functioning heating, ventilation and air conditioning (HVAC) units are a key component to customer comfort. § The current HVAC units in the Airport bus fleet and Airport Rescue Fire Fighting (ARFF) vehicles are Thermo King units. § In order to maintain standardization across the existing fleet, the use of another brand of HVAC parts and support would require considerable time and costs to implement. § The contract with Thermo King Central Carolinas, LLC will provide HVAC parts and support for the fleet of Airport busses and ARFF equipment. § The company will be paid the unit prices set forth in the contract, a copy of which is available upon request. § Annual expenditures are estimated to be $150,000. Charlotte Business INClusion This is a sole source contract and is exempt (Part A: Appendix 1.27 of the Charlotte Business INClusion Policy). Fiscal Note Funding: Aviation Operating Budget City of Charlotte Page 47 Printed on 11/14/2016 City Council Business Meeting Meeting Agenda November 14, 2016 49. National Aeronautics and Space Administration Agreement Action: Approve a five-year agreement with the National Aeronautics and Space Administration to support research for the Next Generation Air Transportation and Airspace Technology Demonstration. Staff Resource(s): Jack Christine, Aviation Explanation § Next Generation Air Transportation (NEXTGEN) is a multi-billion dollar federal initiative to modernize the U.S. Air Transport System (System). § The modernization of the System will result in future long-term benefits to help airports and airlines better accommodate future passengers by: - Allowing Air Traffic Control to communicate with pilots via texts, expediting communications, - Allowing for analysis of changes to flight procedures, and - Providing a technology platform that will allow airlines and the Federal Aviation Administration to coordinate aircraft departures from the gate. § As part of the NEXTGEN program, a field demonstration collaboration is being established in Charlotte. The NEXTGEN Field Demonstration will be a collaborative effort between the National Aeronautics and Space Administration (NASA), the Federal Aviation Administration (FAA), American Airlines, and the Charlotte Douglas International Airport for data collection, development of training, and testing. § The agreement with NASA includes office space to conduct research, development, and data sharing to support the NEXTGEN initiative being developed at the Airport. § NASA’s agreement will be for a term of five years with no financial obligations due to the Airport as a result of the future long-term benefits derived for Airport Operations and FAA monitoring of air space. City of Charlotte Page 48 Printed on 11/14/2016 City Council Business Meeting Meeting Agenda November 14, 2016 50. Airport-Dedicated AT&T Technician Services Action: A. Approve a contract with AT&T Corp. for dedicated technician services for a term of two years, and B. Authorize the City Manager to renew the contract for up to two additional, two-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): Michael Hill, Aviation Explanation § Since the Terminal opened in 1982, the Airport has contracted for dedicated on-site technicians to maintain its AT&T Centrex telephone system at the request of the airlines, which pay a proportional share of the expense. § On June 23, 2014, City Council approved a master services agreement with AT&T for the maintenance of the Airport’s telecommunications system for a term of two years. - The telephone system consists of approximately 3,500 lines. Roughly 10% of the lines are used by Airport staff. § The Airport currently uses two AT&T dedicated technicians that provide assistance and coverage at the Airport five days-a-week in support of AT&T’s Master Agreement for telephone services. § The contract also provides for vehicles and maintenance equipment, which the technicians use to perform all moves/adds/changes, routing lines from the trunk in the basement to the user’s phone, troubleshooting technical issues, and repairing outages. § Annual expenditures are estimated to be $191,775 and total to $383,550 over the two-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: Aviation Operating Budget City of Charlotte Page 49 Printed on 11/14/2016 City Council Business Meeting Meeting Agenda November 14, 2016 51. Transportation Security Administration Law Enforcement Officers Support Agreement Renewal Action: A. Authorize the City Manager to accept Transportation Security Administration funding annually for two additional, one-year terms, and B. Adopt a resolution approving an Other Transaction Agreement renewal from the Transportation Security Administration for an initial term of nine months in order to align to the federal fiscal year. Staff Resource(s): Michael Hill, Aviation Explanation § The Transportation Security Administration (TSA) has awarded the Charlotte Douglas International Airport an Other Transaction Agreement to reimburse the Aviation Department expenses associated with the law enforcement officer support provided to the TSA security screening operation. - The agreement is a renewal for an initial nine month term in order to align to the federal fiscal year. § Federal aviation regulations require law enforcement officer support for the Airport’s security checkpoints. § The Charlotte-Mecklenburg Police Department (CMPD) provides police officers at the Airport to fulfill this requirement. CMPD police officers also assist the TSA with screening, prohibited items, and disorderly passengers. § The total estimated value of the Other Transaction Agreement is $2,364,819.20 over the two year and nine month term. Fiscal Note Funding: Revenues from this agreement will be deposited in the Aviation Operating Fund Attachment Resolution Resolution TSA OTA City of Charlotte Page 50 Printed on 11/14/2016 City Council Business Meeting Meeting Agenda November 14, 2016 52. Airport Water System Evaluation Action: A. Approve a contract in the amount of $186,600 with STV Engineers, Inc. for Airport Water System Evaluation, and B. Adopt a budget ordinance appropriating $186,600 from the Aviation Discretionary Fund to the Aviation Community Investment Plan Fund. Staff Resource(s): Jack Christine, Aviation Barry Gullet, Charlotte Water Explanation § The Aviation Department and Charlotte Water are currently working on an interdepartmental memorandum of understanding to document the roles and responsibilities for both departments as it relates to maintenance, expansion, and oversight of the Airport water system. § STV Engineers, Inc. will conduct a study to evaluate the hydraulics of the existing water system to determine the need for relocated backflow preventers and meter locations to better manage the line as a true private water system. § On February 3, 2014, the Aviation Department issued a Request for Qualifications for architectural and engineering design service; 29 proposals were received from interested service providers and 22 firms were selected for future architectural and engineering design. § The Aviation Department selected STV Engineers, Inc. based on their water system work experience. Background § When the Terminal was constructed in 1982, the Airport installed a water line to serve the terminal and surrounding buildings. This line has been expanded and maintained over the last 34 years by the Aviation Department with the support of Charlotte Water. § After the old rental car buildings were demolished last year, the Terminal and the Hourly/Rental Car parking deck became the only remaining buildings served by the water line. § Charlotte Water approached the Aviation Department about taking full control of the water line and treating the system as a true private system owned and maintained by the Airport, which is how the system operates in practice. § Since this water system is essentially a private system, similar to what exists at Southpark Mall, the Aviation Department agrees with Charlotte Water that the Airport should maintain the water system. 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 Engineers, Inc. has committed 10.72% ($20,000) of the total contract amount to the following certified firm: · Barry D. Davis Surveying PLLC (SBE) ($20,000) (surveying) Fiscal Note Funding: Aviation Community Investment Plan Attachment Budget Ordinance Airport ORD111416 - Airport Water System Evaluation City of Charlotte Page 51 Printed on 11/14/2016 City Council Business Meeting Meeting Agenda November 14, 2016 53. SafeGate Visual Docking Guidance System Repairs Action: A. Approve the purchase of SafeGate parts and services, as authorized by the sole source exemption of G.S. 143-129 (e)(6), B. Approve a contract with SafeGate Airport Systems, Inc. for the purchase of parts and services for the term of one year, and C. Authorize the City Manager to renew the contract for up to one additional, one-year 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): Jack Christine, Aviation Sole Source Exemption § G.S. 143-129 (e) (6) provides that formal bidding requirements do not apply when: - Performance or price competition are not available; - A needed product is available from only one source or supply; or - Standardization or compatibility is the overriding consideration. § Sole sourcing is necessary for this contract because the parts are only available from the single source and to maintain standardization and compatibility with the existing SafeGate systems. § The City Council must approve purchases made under the sole source exception. Explanation § The SafeGate docking system uses lasers to measure aircraft distance from parking positions and sends the pilot directions and signals through a light-emitting diode display to provide assistance to aircraft parking at the gate. § The Airport currently has SafeGate docking systems and needs to purchase repair parts and service to keep the system fully functional. § The company will be paid the unit prices set forth in the contract, a copy of which is available upon request. § The cost of operating and maintaining the SafeGate Visual Docking Guidance System is recovered through airline rates and charges. § Annual expenditures are estimated to be $130,000. Charlotte Business INClusion This is a sole source contract and is exempt (Part A: Appendix 1.27 of the Charlotte Business INClusion Policy). Fiscal Note Funding: Aviation Operating Budget City of Charlotte Page 52 Printed on 11/14/2016 City Council Business Meeting Meeting Agenda November 14, 2016 54. Charlotte Water Confined Space Entry Equipment Action: A. Award a unit price contract to the lowest responsive bidder Safety Products, Inc. for the purchase of confined space entry equipment 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 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): Ron Hargrove, Charlotte Water Explanation § Occasionally, Charlotte Water staff must enter confined spaces such as manholes, deep vaults, and larger diameter pipes. Occupational Safety and Health Administration (OSHA) requires special equipment to enter these confined spaces. § Confined space entry equipment will provide staff with the standardized tools and equipment to work in confined space systems in order to meet OSHA regulations on confined space entry and is also standardized with Charlotte Water’s Confined Space Entry Programs. - Confined Space is defined as large enough to put a person’s whole body into, has limited means of egress, and is not designed for employee continuous occupancy. § The contract includes parts and replacement of equipment including a lifetime guarantee by the manufacturer, 3M DBI/ Sala. § Service to the equipment includes inspection and training to staff, at no additional cost. § On September 16, 2016, the City issued an Invitation to Bid; two bids were received from interested service providers. § Safety Products, Inc. was selected as the lowest responsive, responsible bidder. § Unit prices will increase when manufacturer costs increase due to raw materials, and only at renewal period. § Estimated annual expenditures are $75,000. Charlotte Business INClusion No subcontracting goals were set 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 53 Printed on 11/14/2016 City Council Business Meeting Meeting Agenda November 14, 2016 55. Charlotte Water Sewer System Modeling and Support Services Action: Approve a contract in the amount of $799,292 with Brown and Caldwell for engineering services associated with sewer system modeling and support services. Staff Resource(s): Carl Wilson, Charlotte Water Explanation § Assuring capacity in sewer lines is an essential part of Charlotte Water’s planning and development services. § The contract will provide hydraulic modeling, analytical tools, and support services necessary to confirm the capacity for new sanitary sewer service connections or increased flows from existing connections to the sanitary sewer system, ensuring adequate system capacity to support growth and development. § Modeling services will begin in certain basins due to capacity limitations resulting from new development requests, such as Upper Little Sugar Creek in south Charlotte. The contract will also provide services for additional basins as needs are identified. § On July 1, 2016, the City issued a Request for Qualifications (RFQ) for Professional Engineering Services for Capacity Assurance Program Modeling and Support Services. In response to the RFQ, the City received two responses from interested professional service providers. § Charlotte Water evaluated the proposals and determined that Brown and Caldwell is the best qualified firm to meet the City’s needs on the basis of demonstrated competence and qualification of professional services in response to the RFQ requirements. Charlotte Business INClusion The City negotiates subcontracting participation after the proposal selection process (Part C: Section 2.1 (h) of the Charlotte Business INClusion Policy). Brown and Caldwell has committed 2.50% ($20,000) of the total contract amount to the following certified firm: · Gavel and Dorn Engineering PLLC (SBE) ($20,000) (flow meter installation and monitoring) Gavel and Dorn will provide the flow monitoring and flow metering necessary for this contract. This is a specialized service, and outside of this service, the nature of the overall contract does not lend itself to subcontracting opportunities. Fiscal Note Funding: Charlotte Water Community Investment Plan City of Charlotte Page 54 Printed on 11/14/2016 City Council Business Meeting Meeting Agenda November 14, 2016 56. Charlotte Water Large Generator Preventative Maintenance and Repair Services Action: A. Approve unit price contracts with the following companies for Large Generator Preventative Maintenance and Repair Services for an initial term of three years: - Cummins Atlantic LLC; - Carolina Tractor & Equipment Company; and - Clarke Power Services, Inc. B. Authorize the City Manager to renew the contracts for one additional, three-year term 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): Ron Hargrove, Charlotte Water Explanation § Charlotte Water uses diesel generators as reliable backup power at its water and wastewater treatment plants when utility power is lost. At the larger plants, the generators require intricate control systems to properly interface with utility delivery systems and distribute power within the plant. § The contract will provide for the preventative maintenance and repair of 47 generators. § The purpose of the service is to ensure diesel generators and associated power distribution switchgear is maintained properly and available when needed. § Service providers will provide quarterly preventative maintenance for all power generation equipment based on requirements defined by the original equipment manufacturers (OEMs). The service providers will also provide repair services as needed. § The Charlotte Water Director approved a waiver of solicitation for these contracts due to the complexity of the systems. Factory trained technicians with access to proprietary control programming and OEM parts are necessary to properly maintain the diesel generators and power distribution equipment. § The contract gives the City the option to renew for one additional three-year term. Pricing for six years has been provided from each vendor. § Service providers have also provided pricing for additional services related to providing backup power generation and distribution that may be required during the contract period. § Estimated annual contract expenditures for all contracts are $2,700,000. Charlotte Business INClusion No subcontracting goal was established because there are no subcontracting opportunities (Part C: Section 2.1 (a) of the Charlotte Business INClusion Policy). Fiscal Note Funding: Charlotte Water Operating Budget City of Charlotte Page 55 Printed on 11/14/2016 City Council Business Meeting Meeting Agenda November 14, 2016 57. Stevens Creek Sanitary Trunk Sewer Engineering Services Action: Approve a contract in the amount of $340,680 with GHD Consulting Services Inc. for professional engineering design services for the Stevens Creek Sanitary Trunk Sewer. Staff Resource(s): Carl Wilson, Charlotte Water Explanation § The proposed sewer line will parallel a mid-section of Stevens Creek and one of its tributaries, terminating at the proposed Stevens Creek lift station, which is currently under design. The proposed trunk sewer consists of approximately 11,000 linear feet of trunk sewer; the size of the sewer at this time is unknown but is expected to range from 18 to 24 inches. § The purpose of this project is to convey wastewater from an existing package wastewater treatment plant, while also extending the sewer system to serve future customers in the Stevens Creek Basin. A package wastewater treatment plant is a small, stand-alone wastewater treatment facility that typically serves a limited population. § The Stevens Creek basin is predominantly on septic systems currently. By conveying sewer down to a lift station the existing package wastewater plant can be taken out of service, which will increase the population that can be served and allow Charlotte Water to expand this system in the future. § The contract with GHD Consulting Services Inc. will include engineering design services to size and route the proposed sewer, obtain easements, geotechnical investigations, permitting, and bid phase services. § Once the engineering design services are complete for the project, staff will bring forth a contract to City Council for construction administration services. § On August 3, 2016, the City issued a Request for Qualifications (RFQ) for Professional Engineering Services for Miscellaneous Sanitary Sewer Improvement Projects. In response to the RFQ, the City received 16 proposals from interested professional service providers for the five projects listed in the RFQ. The Stevens Creek Sanitary Trunk Sewer was one of the five projects listed in the RFQ. § Charlotte Water evaluated the proposals and determined that GHD Consulting Services Inc. is the best qualified firm to meet the City’s needs on the basis of demonstrated competence and qualification of professional services in response to the RFQ requirements. § Funds will be reallocated from a different Community Investment Plan (CIP) project to fund this design contract. The actual construction and construction administration for the Stevens Creek Sanitary Trunk Sewer project will be identified and funded in the forthcoming Charlotte Water Fiscal Years 2018-2022 CIP. 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). GHD Consulting Services, Inc. has committed to 4.11% ($14,000) of the total contract to the following certified firm: · Joel E. Wood and Associates (SBE) ($14,000) (geotechnical) Fiscal Note Funding: Charlotte Water Community Investment Plan Attachment Map RCA Map City of Charlotte Page 56 Printed on 11/14/2016 City Council Business Meeting Meeting Agenda November 14, 2016 58. Sugar Creek Wastewater Treatment Plant Tank Closure Project Construction Change Order Action: Approve change order #1 for $500,000 to Crowder Construction Company for additional costs related to demolishing underground tanks at the Sugar Creek Wastewater Treatment Plant. Staff Resource(s): Carl Wilson, Charlotte Water Explanation § Charlotte Water owns and maintains five major wastewater treatment plants in Mecklenburg County. The Sugar Creek Wastewater Treatment Plant (WWTP) is located along Tyvola Road in the SouthPark area. § Parts of the Sugar Creek WWTP date back to the 1920s. While some parts of the plant have been continuously upgraded and expanded over the years, other parts of the older treatment system have been rendered obsolete. § On June 27, 2016, the City Council approved a construction contract for the removal of some of the older facilities, including underground and aboveground storage tanks. § During the course of demolition, unforeseen circumstances have been encountered, such as the discovery of unknown buried piping and valves that remain in-tack. - The unforeseen circumstances exist due to a lack of accurate drawings that date back to the initial construction of the facilities in the 1920s. § As a result, additional funding is needed for clean-up efforts, such as evaluating different locations on the plant site and mixing methods to prepare the waste to be transferred to a landfill. § The impact of the discovery will require changes to the original method of cleaning the tanks and will lead to additional work required for completion. § The project has the additional benefit of expanding usable space for citizens enjoying the future Little Sugar Creek Greenway, directly adjacent to the project area. § The new total value of the contract, including this change order, is $2,484,500. § The project is anticipated to be completed by spring 2017. Charlotte Business INClusion Work involved in this Change Order will be performed by Crowder Construction Company and their existing subcontractors (Part D: Section 6 of the Charlotte Business INClusion Policy). Fiscal Note Funding: Charlotte Water Community Investment Plan Attachment Map Sugar Creek WWTP Map City of Charlotte Page 57 Printed on 11/14/2016 City Council Business Meeting Meeting Agenda November 14, 2016 59. McAlpine Creek Wastewater Treatment Plant Reliability Improvements Project Action: Award a contract in the amount of $6,369,438 to the lowest responsive bidder The Harper Corporation for the McAlpine Creek Wastewater Treatment Plant Reliability Improvements Project. Staff Resource(s): Carl Wilson, Charlotte Water Explanation § Charlotte Water owns and maintains five major wastewater treatment plants in Mecklenburg County. The McAlpine Creek Wastewater Treatment Plant (WWTP) is the largest and is located in the southern part of Mecklenburg County. § The McAlpine Creek WWTP Plant Reliability Improvements Project includes: - Installation of a new potable water main, - Miscellaneous potable and non-potable piping and valve additions and replacements, - A non-potable water pumping system, - Rehabilitation of protective coatings, - Structural, mechanical, and electrical components associated with the intermediate pumping station, - Repaving the plant entrance road, - Cleaning the two biosolids transmission lines between the Sugar Creek WWTP and the McAlpine Creek WWTP, and - Other miscellaneous related tasks. § The major equipment replaced in this project (non-potable water pumps and electrical gear) operates in a corrosive environment and has reached its useful life, making it unreliable. § The project has been planned for several years and is programmed into the Community Investment Plan. § On September 14, 2016, the City issued an Invitation to Bid for the McAlpine Creek WWTP Potable/Non-Potable Reliability Improvements Project; four bids were received from interested service providers. § The Harper Company was selected as the lowest responsive, responsible bidder. § The project is anticipated to be complete by the second quarter of 2018. 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). However, The Harper Corporation has committed 7.16% ($455,807) of the total contract amount to the following certified firms: · Barton Contracting, Inc. (SBE) ($317,997) (grading and paving) · CITI, LLC. (MBE) ($137,810) (process instrumentation and control) Fiscal Note Funding: Charlotte Water Community Investment Plan Attachment Map McAlpine Creek WWTP Map City of Charlotte Page 58 Printed on 11/14/2016 City Council Business Meeting Meeting Agenda November 14, 2016 60. Sanitary Sewer Chemical Root Control Services Action: A. Approve a unit price contract with Duke’s Root Control Inc. for Sanitary Sewer Chemical Root Control Services 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 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): Ron Hargrove, Charlotte Water Explanation § The contract provides the chemical treatment of approximately 330 miles of sanitary sewer lines in targeted areas throughout the Charlotte Water service area. § Many sanitary sewer overflows are caused by the intrusion of tree roots into sewer lines through joints and cracks in the pipe. This is particularly prevalent in older sewer lines where the joint integrity is degraded. § Chemically treating sanitary sewer lines with a root control agent kills the roots and inhibits future re-growth, which helps prevent sewer back-ups and overflows. § The process does not harm the tree and is widely used by municipalities throughout the United States. § The Charlotte Water Director approved a waiver of solicitation for this contract due to the results of a pilot project conducted in 2015. - The pilot demonstrated the root control chemical is the only one that can be used without impacting the treatment plants. - This is the only vendor that can apply the root control chemical. § Charlotte Water evaluated products and determined that Duke’s Root Control Inc. best meets the City’s needs in terms of product effectiveness. § The estimated annual expenditure is $2,000,000. § Price adjustments for renewals will be based on the most recently published Engineering News Record Construction Cost Index. 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 Community Investment Plan City of Charlotte Page 59 Printed on 11/14/2016 City Council Business Meeting Meeting Agenda November 14, 2016 61. Water and Sewer Extensions/Replacements (Fiscal Year 2017 - Contracts 1 and 2) Action: A. Award unit price contracts to the lowest responsive bidders for the new construction or replacement of water and sewer mains throughout the Charlotte Water service area: - RH Price, Inc., $2,323,768.80 (Fiscal Year 2017 - Contract 1) - Dallas 1 Construction, LLC, $2,309,298.60 (Fiscal Year 2017 - Contract 2) B. Authorize the City Manager to renew each contract for up to two terms with possible price adjustments and to amend the contracts consistent with the City’s business needs and the purposes for which the contracts were approved. Staff Resource(s): Carl Wilson, Charlotte Water Explanation § Charlotte Water uses private construction companies to replace water and sewer mains as well as build new water and sewer lines. The contracts will provide both of the services. § The Street Main Extensions Program provides services to residential customers within 1,000 feet of an existing water or sewer main. Each extension is provided at the request of the property owner with the property owner paying for the water or sewer connection. § The Water and Sewer Replacement Program replaces water distribution and sewer collection infrastructure as needed. § For the 2016 Fiscal Year, 35,840 linear feet of water main and 31,892 linear feet of sewer main were installed. A total of 18 water services and 63 sewer services were installed. § Additional contracts will be bid throughout the fiscal year to meet responsiveness goals. § Bids are unit price and based on estimated quantities for items needed for this type of work. § On September 16, 2016, the City issued an Invitation to Bid for Water and Sewer Extensions/Replacements - Contract 1; three bids were received from interested service providers. - RH Price, Inc. was selected as the lowest responsive, responsible bidder of Contract 1. § On September 16, 2016, the City issued an Invitation to Bid for Water and Sewer Extensions/Replacements - Contract 2; three bids were received from interested service providers. - Dallas 1 Construction, LLC was selected as the lowest responsive, responsible bidder of Contract 2. § Both contracts give the City the option to renew for two additional terms with a price adjustment based on the Construction Cost Index. Charlotte Business INClusion Action A - Contract Fiscal Year 2017-1 Established SBE Goal: 6% Committed SBE Goal: 6.02% R.H. Price, Inc. met the established subcontracting goal and has committed 6.02% ($140,000) of the total contract amount to the following certified firms (Part B: Section 3 of the Charlotte Business INClusion Policy): · C and D Utility (SBE) ($50,000) (pipeline installation) · Wallace Brothers Construction, Inc. (SBE) ($50,000) (pipeline installation) · RAM Pavement Services, Inc. (SBE) ($30,000) (paving) · Fernandez Construction Corporation (SBE) ($10,000) (concrete) City of Charlotte Page 60 Printed on 11/14/2016 City Council Business Meeting Meeting Agenda November 14, 2016 Action B - Contract Fiscal Year 2017-2 Established SBE Goal: 6% Committed SBE Goal: 6.02% Dallas 1 Construction LLC met the established subcontracting goal and has committed 6.02% ($139,000) of the total contract amount to the following certified firms (Part B: Section 2.3 of the Charlotte Business INClusion Policy): · Barton Contracting (SBE) ($118,500) (asphalt paving and concrete sidewalk) · Gavel and Dorn Engineering PLLC (SBE) ($20,000) (geotechnical) · MTC Consultants Inc. (SBE) ($500) (backflow testing) Fiscal Note Funding: Charlotte Water Community Investment Plan City of Charlotte Page 61 Printed on 11/14/2016 City Council Business Meeting Meeting Agenda November 14, 2016 62. Charlotte Water Analytical Laboratory Services Action: A. Approve unit price contracts with the following companies for laboratory testing services for an initial term of one year: - Pace Analytical Services, Inc., - Prism Laboratories, Inc., - ETT Environmental, Inc., - Research & Analytical Laboratories, Inc., - Eurofins Eaton Analytical, Inc., and - Shealy Environmental 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): David Czerr, Charlotte Water Explanation § Charlotte Water conducts extensive and ongoing laboratory environmental testing to meet public health and water quality needs. § Contracts with the firms will be used to supplement Charlotte Water Laboratory Services during peak workload periods, special projects requiring additional testing, and periods of staffing fluctuations to ensure required testing is performed in a timely manner. § The contracts will provide for comprehensive laboratory testing and field collection services. § On September 1, 2016, the City issued a Request for Proposal (RFP) for Lab Testing Services. In response to the RFP, the City received six proposals from interested service providers. § Charlotte Water evaluated the proposals and determined the providers best meet the City’s needs in terms of qualifications, experience, cost, and responsiveness to RFP requirements. § The contract gives the City the option to renew for two additional, one-year terms with no increase in pricing. § Estimated annual contract expenditures for all contracts are $510,000. Charlotte Business INClusion No subcontracting goal was established because there are no subcontracting opportunities (Part C: Section 2.1(a) of the Charlotte Business INClusion Policy). However, Prism Laboratories, Inc. is a City WBE. Fiscal Note Funding: Charlotte Water Operating Budget City of Charlotte Page 62 Printed on 11/14/2016 City Council Business Meeting Meeting Agenda November 14, 2016 63. Duke Energy Carolinas, LLC Purchased Power Agreement Action: Approve a Purchased Power Agreement with Duke Energy Carolinas, LLC for the McAlpine Creek Wastewater Treatment Plant for a term of five years. Staff Resource(s): Ron Hargrove, Charlotte Water Explanation § In the winter of 2017, Charlotte Water will start up its first Combined Heat and Power (CHP) Facility at the McAlpine Creek Wastewater Treatment Plant. § The CHP Facility will reuse waste biogas to generate electricity, which will be sold to Duke Energy Carolinas, LLC. § The Purchased Power Agreement affirms that Duke Energy Carolinas, LLC will buy the power that is produced by Charlotte Water. § Charlotte Water conservatively estimates annual revenue of $300,000. Fiscal Note Funding: Charlotte Water Operating Budget Attachment Map McAlpine Creek WWTP Map City of Charlotte Page 63 Printed on 11/14/2016 City Council Business Meeting Meeting Agenda November 14, 2016 64. Clem’s Branch Wastewater Lift Station Force Main Replacement Professional Engineering Services Action: Approve a contract in the amount of $422,016 with Stantec Consulting Services, Inc. for professional engineering design services for the Clem’s Branch wastewater lift station force main. Staff Resource(s): Carl Wilson, Charlotte Water Explanation § Growth in the Clem’s Branch drainage basin is causing wastewater flow to approach the capacity of the existing lift station and force main. § The contract with Santec Consulting Services, Inc. will allow for the preparation of construction documents to replace the force main with a larger 16-inch force main. It also includes design and bid phase services, construction administration, and inspection services during construction. § On August 25, 2014, the City Council approved a professional services contract with Stantec Consulting Services, Inc. for the Clem’s Branch wastewater pump station in the amount of $398,250. § On January 25, 2016, the City Council approved contract amendment #1 for $132,405, increasing the total value of the contract to $530,655. § The new wastewater lift station has been designed and is in the property acquisition phase. - During the design process it was determined that a new 16-inch force main is necessary to accommodate the greater projected wastewater flows generated in the area resulting from current and anticipated growth. - Due to the failures that have occurred along the existing force main over the years, Charlotte Water decided to replace the existing force main to achieve greater capacity. § On August 3, 2016, the City issued a Request for Qualifications (RFQ) for Professional Engineering Services for Miscellaneous Sanitary Sewer Improvement Projects. In response to the RFQ, the City received 16 proposals from interested professional service providers for the five projects listed in the RFQ. - The Clem’s Branch Wastewater Lift Station Force Main Replacement was one of the five projects listed in the RFQ. § Charlotte Water evaluated the proposals and determined that Stantec Consulting Services, Inc. is the best qualified firm to meet the City’s needs on the basis of demonstrated competence and qualification of professional services in response to the RFQ requirements. § Charlotte Water anticipates asking City Council to consider a construction contract in July 2018. § The project is projected to be completed late 2019. Background § Charlotte Water wastewater lift stations pump wastewater from one drainage basin to another through force mains to gravity flow sewer lines so that it can be conveyed to one of the five wastewater treatment plants. § The existing Clem’s Branch wastewater lift station and force main was constructed by a developer in 1998. The existing force main is a 12-inch PVC line that has had several failures over the years. The station is adjacent to Clem’s Branch at the South Carolina state line near the Ballantyne area. Charlotte Business INClusion The City negotiates subcontracting participation after the proposal selection process (Part C: Section 2.1 (h) of the Charlotte Business INClusion Policy). Stantec Consulting Services, Inc. has committed 16.95% ($71,176) of the total contract amount to the following certified firm: · Hinde Engineering, Inc. (SBE) ($31,260) (permitting) · Gavel and Dorn Engineering PLLC (SBE) ($14,326) (flood modeling) City of Charlotte Page 64 Printed on 11/14/2016 City Council Business Meeting Meeting Agenda November 14, 2016 · Avioimage Mapping Services, Inc. (SBE) ($11,400) (aerial topography) · Carolina Wetland Services, Inc. (SBE) ($8,800) (wetland delineation) · Capstone Civil Engineering, Inc. (SBE, MBE) ($5,390) (geotechnical) Fiscal Note Funding: Charlotte Water Community Investment Plan Attachment Map Professional Engineering Services Contract for Clems Branch Wastewater Lift Station Force Main Replacement - Map City of Charlotte Page 65 Printed on 11/14/2016 City Council Business Meeting Meeting Agenda November 14, 2016 65. Vehicle and Equipment Purchases from Cooperative Contracts Action: A. Approve the purchase of vehicles and fleet equipment from cooperative purchasing contracts as authorized by G.S. 143-129(e)(3), B. Approve unit price contracts with the following vendors for the purchase of vehicles and fleet equipment for a term of one year under North Carolina Sheriff’s Association contract 17-03-0912: - Asheville Ford Lincoln, - Ben Mynatt Chevrolet, - Parks Chevrolet, and - Piedmont Truck Center, and C. Authorize the City Manager to extend the contract for additional one-year terms as long as the cooperative contract is in effect, and at prices and terms that are the same or more favorable than those offered under the cooperative contact. Staff Resource(s): Chris Trull, Management & Financial Services Cooperative Purchasing Exemption NC S.L. 2001-328, effective January 1, 2002, authorizes competitive group purchasing. Explanation § Management & Financial Services collaborates with City departments on an annual basis to assess vehicles and equipment in determining replacement needs based on a rating of vehicle usage, age, maintenance costs, and condition. § Cooperative purchasing contracts aggregate purchasing power at regional and national levels to provide goods to public agencies at the best value. § On July 25, 2016, the City Council approved contracts for vehicles and fleet equipment through the Houston-Galveston Area Council Buy, National Joint Powers Alliance, and the North Carolina Sheriff’s Association. § The vendors above are willing to provide vehicles and equipment to the City that has been competitively solicited for public agencies. § Unit prices, set forth in the proposed contracts, are available upon request. § Fiscal Year 2017 expenditures of $10,651,200 will remain the same as previously approved. Charlotte Business INClusion These are cooperative purchasing contracts and are exempt (Part A: Appendix 27 of the Charlotte Business INClusion Policy). Fiscal Note Funding: General and Enterprise Capital Equipment Replacement Funds City of Charlotte Page 66 Printed on 11/14/2016 City Council Business Meeting Meeting Agenda November 14, 2016 66. Vehicle and Equipment Glass Replacement and Related Services Action: A. Approve contracts with the following companies for vehicle and equipment glass replacement and related services for an initial term of three years: - United Glass Service Inc., and - AutoGlassNow, LLC, 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 contracts were approved. Staff Resource(s): Chris Trull, Management & Financial Services Jack Christine, Aviation Explanation § Management & Financial Services and Aviation currently use multiple vendors to provide glass replacement and related services to City vehicles and equipment. § Vendors are needed to provide equipment, materials, tools, labor, and supervision for all service calls required to complete needed glass repairs on City vehicles and equipment. § All replacement glass must be either original equipment or original equipment manufacturer’s glass, and must meet the exact grade, classification, and manufacturer details that were in the vehicle at time of purchase. § On August 10, 2016, the City issued a Request for Proposals (RFP) for these services; four proposals were received from interested service providers. § The Project Team, consisting of staff from Management & Financial Services and Aviation evaluated the proposals and determined that United Glass Service Inc. and AutoGlassNow, LLC best meet the City’s needs in terms of qualifications, experience, cost, and responsiveness to the RFP requirements. § The annual estimated expenditures for both contracts are $250,000. Charlotte Business INClusion No subcontracting goals were established because there are no subcontracting opportunities (Part C: Section 2.1(a) of the Charlotte Business INClusion Policy). Fiscal Note Funding: Management & Financial Services Operating Budget and Aviation Operating Budget City of Charlotte Page 67 Printed on 11/14/2016 City Council Business Meeting Meeting Agenda November 14, 2016 67. Citywide Information Technology Recruiting Services Action: A. Authorize the City Manager to negotiate and approve unit price contracts with the following companies for recruitment of Information Technology employees for an initial term of three years: - Alliance of Professionals and Consultants, Inc., - BCforward, and - Superior Talent Resources, 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): Kay Elmore, Management & Financial Services Explanation § The City has been challenged in recruiting information technology (IT) professionals for its full-time positions. § Recruiting services are needed across departments that have internal IT resources to assist in identifying candidates, verifying capabilities, and employment history. § On June 24, 2016, the City issued a Request for Proposal (RFP) for IT Employee Recruiting Services. In response to the RFP, the City received 53 proposals from interested service providers. § The Project Team, consisting of staff from Innovation & Technology, Police, Fire, Human Resources, and Management & Financial Services evaluated the proposals and determined that Alliance of Professionals and Consultants, Inc., BCforward, and Superior Talent Resources Inc. best meet the City’s needs in terms of qualifications, experience, cost, and responsiveness to RFP requirements. § Staff anticipates renewing the contracts for up to two additional, one-year terms. § The companies will be paid the unit prices set forth in the contracts, copies of which are available upon request. § The annual estimated contract expenditures are $150,000. Charlotte Business INClusion No subcontracting goal was established because there are no subcontracting opportunities (Part C: Section 2.1 (a) of the Charlotte Business INClusion Policy). However, BCforward is a City MBE. Fiscal Note Funding: Various Departments’ Operating Budgets City of Charlotte Page 68 Printed on 11/14/2016 City Council Business Meeting Meeting Agenda November 14, 2016 68. Risk Management Insurance Broker Services Action: A. Authorize the City Manager to negotiate and approve a unit price contract with Wells Fargo Insurance Services for insurance broker 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): Daniel Pliszka, Management & Financial Services Explanation § Management & Financial Services - Risk Management provides insurance and risk management services through an interlocal agreement with the City, Mecklenburg County (County), and the Charlotte-Mecklenburg Schools Board of Education (School Board). § The interlocal agreement divides risk management administrative costs three ways based on total cost: - City pays 55%, - County pays 25%, and - School Board pays 20%. § Risk Management purchases approximately $8,000,000 in various insurance coverages each year. § Insurance broker services performed include: - The placement of appropriate insurance policies to cover numerous risks and liabilities; - Management of the insurance components of the City, County, and School Board; and - Assistance with the management of the total cost of risks related to the program. § Given the size of the risk profile, the City, County, and School Board place high demands on the selected insurance broker and expect high-quality customer service in return. This high level of customer service requires responsiveness from all levels of the broker, extensive experience, and the use of advanced technology for modeling and analytics. § On July 18, 2016, the City issued a Request for Proposals (RFP) for Insurance Broker Services. In response to the RFP, the City received six proposals from interested service providers. § The Project Team, consisting of staff from Management & Financial Services, the County, and School Board evaluated the proposals and determined that Wells Fargo Insurance Services best meets the needs in terms of qualifications, experience, cost, and responsiveness to the RFP requirements. § Staff anticipates renewing the contract for up to two additional, one-year terms at costs as indicated in the contract, which is available upon request. § The company will be paid on an annual commission basis and the estimated annual contract expenditures are $265,000. Charlotte Business INClusion No subcontracting goal was established because there are no subcontracting opportunities (Part C: Section 2.1 (a) of the Charlotte Business INClusion Policy). Fiscal Note Funding: Insurance and Risk Fund City of Charlotte Page 69 Printed on 11/14/2016 City Council Business Meeting Meeting Agenda November 14, 2016 69. Refund of Property and Business Privilege License Taxes Action: A. Adopt a resolution authorizing the refund of property taxes assessed through clerical or assessor error in the amount of $107,937.94, and B. Adopt a resolution authorizing a refund of business privilege license payments in the amount of $451.75 Staff Resource(s): Susan Walker, Management & Financial Services Explanation § Notification of Property Tax and Business Privilege License Tax refunds due to clerical or assessor error are provided to the City by Mecklenburg County. Pearson Review Update § In accordance with the ordinance approved by the City Council on August 25, 2014, and the North Carolina law, a list of refunds, which have been paid since the last City Council Business Meeting as a result of the Pearson Review, is available at the City Clerk’s Office. § The amount of Pearson Review refunds paid since the last City Council Business Agenda Meeting on October 10, 2016, totaled $71,230.03. Attachment Taxpayers and Refunds Requested Business Privilege License Refund Requested Resolution Property Tax Refunds Resolution Business Privilege License Refunds List of Taxpayers and Refunds Requested List of Business Privilege License Refunds Resolution Resolution Bus City of Charlotte Page 70 Printed on 11/14/2016 City Council Business Meeting Meeting Agenda November 14, 2016 70. Resolution of Intent to Abandon an Unopened Alleyway off of E. 21st Street Action: A. Adopt a Resolution of Intent to abandon an unopened alleyway off of E. 21st Street, and B. Set a public hearing for December 12, 2016 Staff Resource(s): Jeff Boenisch, Transportation Explanation § An unopened alleyway off of E. 21st Street is located in Council District 1. Attachment Map Resolution CityCouncilROWAbandonmentMap_2016-11 Resolution of Intent to Close an unopened alleyway off of E. 21st Street 71. Resolution of Intent to Abandon a Portion of Chippendale Road Action: A. Adopt a Resolution of Intent to abandon a portion of Chippendale Road, and B. Set a public hearing for December 12, 2016. Staff Resource(s): Jeff Boenisch, Transportation Explanation § A portion of Chippendale Road is located in Council District 5. Attachment Map Resolution City Council Map_ Chippendale Road Resolution of Intent to Close a portion of Chippendale Road City of Charlotte Page 71 Printed on 11/14/2016 City Council Business Meeting Meeting Agenda November 14, 2016 72. McGill Rose Garden Lease Renewal Action: A. Adopt a Resolution approving a lease agreement with McGill Rose Garden for a one-year term at 940 North Davidson Street (parcel identification number 081- 086-02) for $1.00 per year, B. Authorize the City Manager to extend the lease term for up to four, six-month term periods, and C. Authorize the City Manager to execute all necessary documents to complete the Agreement between the City of Charlotte and McGill Rose Garden. Staff Resource(s): Tony Korolos, Engineering & Property Management Explanation § The McGill Rose Garden has leased this 1.36-acre, City-owned property at 940 North Davidson Street since May 17, 1996. § The 1996 lease agreement consisted of a 10-year term, with two, five-year extension options. The final extension option expired May 16, 2016. § The proposed lease renewal includes the following terms: - The lease term will extend for one year, through May 16, 2017, with four, six-month options to extend through May 16, 2019. - Rent will be $1.00 per year. - All utilities will be paid by the McGill Rose Garden. Previously, the City has paid for the utilities. Requiring the McGill Rose Garden to pay the utility expenses will save the City approximately $11,000 per year. § McGill Rose Garden is a community asset, and its organization is working to be financially independent so preservation of this destination can continue. - The City will provide a final annual contribution of $17,000 to McGill Rose Garden during the first year of the lease term. - This financial contribution has been provided annually to the Garden since at least 1996. No financial contributions will be made after May 16, 2017. Background § The City purchased this property in 1976 from Mr. Henry McGill, who had operated his business on the property since 1952. Mr. McGill’s wife, Helen McGill, planted roses on the property to beautify the area, and eventually planted enough roses to open the garden to the public annually on Mother’s Day. After Mrs. McGill passed away in 1985, the non-profit, McGill Rose Garden, Inc., was formed to preserve her memory and continue her efforts to beautify the neighborhood. § The City, together with Mr. McGill, dedicated a fountain in the garden in Mrs. McGill’s honor after her passing. § Currently, the park has grown to consist of many paths, fountains, benches and sculptures by Charlotte artists. There are many rose varieties on the property, as well as annuals, perennials and herbs. § The Charlotte Area Transit System’s (CATS) North Davidson Street Bus Facility campus is adjacent to McGill Rose Garden. CATS does not have an immediate use for the parcel but does view it as a logical, strategic future addition to the campus. Attachment Map Resolution City of Charlotte Page 72 Printed on 11/14/2016 City Council Business Meeting Meeting Agenda November 14, 2016 Location Map - McGill Rose Garden Lease Renewal McGill Rose Garden Resolution 11.9.16 clc 73. Meeting Minutes Action: Approve the titles, motions, and votes reflected in the Clerk’s record as the minutes of: - September 19, 2016, Zoning Meeting - September 26, 2016, Business Meeting - October 10, 2016, Business Meeting - October 17, 2016, Zoning Meeting - October 19, 2016, Special Meeting - October 31, 2016, Special Meeting Staff Resource(s): Stephanie Kelly, City Clerk’s Office City of Charlotte Page 73 Printed on 11/14/2016 City Council Business Meeting Meeting Agenda November 14, 2016 PROPERTY TRANSACTIONS 74. In Rem Remedy: 2823 The Plaza - Garage 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: (2823 The Plaza - Garage) Action: Adopt an Ordinance authorizing the use of In Rem Remedy to demolish and remove the structure at (2823 The Plaza - Garage) (Neighborhood Profile Area 343). Attachment In Rem Packet for (2823 The Plaza - Garage) In Rem Remedy 2823 The Plaza (Garage).pdf City of Charlotte Page 74 Printed on 11/14/2016 City Council Business Meeting Meeting Agenda November 14, 2016 75. In Rem Remedy: 2216 Booker 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: (2216 Booker Avenue) Action: Adopt an Ordinance authorizing the use of In Rem Remedy to demolish and remove the structure at (2216 Booker Avenue) (Neighborhood Profile Area 85). Attachment In Rem Packet for (2216 Booker Avenue) In Rem Remedy 2216 Booker Av.pdf City of Charlotte Page 75 Printed on 11/14/2016 City Council Business Meeting Meeting Agenda November 14, 2016 76. In Rem Remedy: 3928 Plainview 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. Field Observation: (3928 Plainview Road) Action: Adopt an Ordinance authorizing the use of In Rem Remedy to demolish and remove the structure at (3928 Plainview Road) (Neighborhood Profile Area 6). Attachment In Rem Packet for (3928 Plainview Road) In Rem Remedy 3928 Plainview Rd.pdf City of Charlotte Page 76 Printed on 11/14/2016 City Council Business Meeting Meeting Agenda November 14, 2016 77. In Rem Remedy: 4132 Randolph 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. Field Observation: (4132 Randolph Road) Action: Adopt an Ordinance authorizing the use of In Rem Remedy to demolish and remove the structure at (4132 Randolph Road) (Neighborhood Profile Area 28). Attachment In Rem Packet for (4132 Randolph Road) In Rem Remedy 4132 Randolph Rd.pdf City of Charlotte Page 77 Printed on 11/14/2016 City Council Business Meeting Meeting Agenda November 14, 2016 78. In Rem Remedy: 1250 Lucky Penny Street For In Rem Remedy, the public purpose and policy are outlined here. Public Purpose: § Eliminate a blighting influence; § Reduce the proportion of substandard housing; § Increase tax value of property by making land available for potential infill housing development; and § Support public safety initiatives. Policy: § Housing & Neighborhood Development and Community Safety The In Rem Remedy items were initiated from 3 categories: 1. Public Safety - Police and/or Fire Departments 2. Complaint - petition by citizens, tenant complaint, or public agency referral 3. Field Observation - concentrated code enforcement program The In Rem Remedy item is listed below by category identifying the street address and neighborhood. Public Safety: (1250 Lucky Penny Street) Action: Adopt an Ordinance authorizing the use of In Rem Remedy to demolish and remove the structure at (1250 Lucky Penny Street) (Neighborhood Profile Area 385). Attachment In Rem Packet for (1250 Lucky Penny Street) In Rem Remedy 1250 Lucky Penny St.pdf City of Charlotte Page 78 Printed on 11/14/2016 City Council Business Meeting Meeting Agenda November 14, 2016 79. Aviation Property Transactions - 9425 Markswood Road Action: Approve the following property acquisition. Project: Airport Environmental Impact Statement Mitigation Land Owner(s): Francis Lewis Loftin Property Address: 9425 Markswood Road and Lot Total Parcel Area: 2.32 acres (.958 & 1.362) 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: 141-261-17 & 141-261-18 Purchase Price: $276,600 and all relocation benefits in compliance with federal, state, or local regulations Council District: N/A 80. Aviation Property Transaction - 8105 Robbie Circle Action: Approve the following property acquisition. Project: Airport Environmental Impact Statement Mitigation Land Owner(s): Dale B. Thompson Property Address: 8105 Robbie Circle Total Parcel Area: .70 acres Property to be acquired by Easements: N/A Structures/Improvements to be impacted: Single-family Home Landscaping to be impacted: Tree and shrubs Zoned: R-3 Use: Single-family Residential Tax Code: 141-111-94 Purchase Price: $220,000 and all relocation benefits in compliance with federal, state, and local regulations Council District: N/A City of Charlotte Page 79 Printed on 11/14/2016 City Council Business Meeting Meeting Agenda November 14, 2016 81. Property Transactions - Providence Road Sidewalk, Parcel #3 Action: Approve the following Acquisition: Providence Road Sidewalk, Parcel #3 This property is acquired in accordance with Federal Guidelines 49 CFR Part 24 of the Uniform Acquisition and Relocation Act of 1970. Acquisition costs are eligible for North Carolina Department of Transportation reimbursement. Project: Providence Road Sidewalk, Parcel #3 Owner(s): Peggy Pressley Therrell Property Address: 4600 Providence Road Total Parcel Area: 43,135 sq. ft. (.990 ac.) Property to be acquired by Fee: 12,522 sq. ft. (.287 ac.) in Fee Simple within Existing Right-of-Way Property to be acquired by Easements: 2,436 sq. ft. (.056 ac.) in Sidewalk and Utility Easement, plus 3,288 sq. ft. (.075 ac.) in Temporary Construction Easement Structures/Improvements to be impacted: None Landscaping to be impacted: None Zoned: R-3 Use: Single-family residential Tax Code: 187-061-34 Purchase Price: $13,025 Council District: 6 82. Property Transactions - Providence Road Sidewalk, Parcel #8 Action: Approve the following Acquisition: Providence Road Sidewalk, Parcel #8 This property is acquired in accordance with Federal Guidelines 49 CFR Part 24 of the Uniform Acquisition and Relocation Act of 1970. Acquisition costs are eligible for North Carolina Department of Transportation reimbursement. Project: Providence Road Sidewalk, Parcel #8 Owner(s): George P. Leventis and Dianne A. Leventis Property Address: 1201 Greyln Drive Total Parcel Area: 52,629 sq. ft. (1.208 ac.) Property to be acquired by Easements: 4,145 sq. ft. (.095 ac.) in Sidewalk and Utility Easement, plus 5,261 sq. ft. (.121 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: 187-062-02 Purchase Price: $18,275 Council District: 6 City of Charlotte Page 80 Printed on 11/14/2016 City Council Business Meeting Meeting Agenda November 14, 2016 83. Property Transactions - Reedy Creek Stream Restoration, Parcel #6 Action: Approve the following Acquisition: Reedy Creek Stream Restoration, Parcel #6 Project: Reedy Creek Stream Restoration, Parcel #6 Program: Stream Restoration Owner(s): Olivia S. Hodges Property Address: 3900 Rocky River Rd Total Parcel Area: 1,812,103 sq. ft. (41.600 ac.) Property to be acquired by Easements: 227,383 sq. ft. (5.22 ac.) in Conservation Easement Structures/Improvements to be impacted: None Landscaping to be impacted: Trees and various plantings Zoned: R-3 Use: Agricultural - Commercial Production Tax Code: 105-061-05 Purchase Price: $62,540 Council District: 4 84. Property Transactions - Reedy Creek Stream Restoration, Parcel #7 Action: Approve the following Acquisition: Reedy Creek Stream Restoration, Parcel #7 Project: Reedy Creek Stream Restoration, Parcel #7 Program: Stream Restoration Owner(s): Hodges Family Properties, LLC Property Address: 3900 Rocky River Road Total Parcel Area: 675,616 sq. ft. (15.510 ac.) Property to be acquired by Easements: 115,869.6 sq. ft. (2.66 ac.) in Conservation Easement Structures/Improvements to be impacted: None Landscaping to be impacted: Trees and various plantings Zoned: R-3 Use: Agricultural - Commercial Production Tax Code: 105-061-01 Purchase Price: $34,620 Council District: 4 City of Charlotte Page 81 Printed on 11/14/2016 City Council Business Meeting Meeting Agenda November 14, 2016 85. Property Transactions - West 4th Street Extension Streetscape, Parcel #17 Action: Approve the following Condemnation: West 4th Street Extension Streetscape, Parcel #17 Project: West 4th Street Extension Streetscape, Parcel #17 Owner(s): Brian L. South and Judy B. South Property Address: South Summit Avenue Total Parcel Area: 3,747 sq. ft. (.086 ac.) Property to be acquired by Easements: 362 sq. ft. (.008 ac.) in Sidewalk and Utility Easement, plus 1,182 sq. ft. (.027 ac.) in Temporary Construction Easement Structures/Improvements to be impacted: None Landscaping to be impacted: Shrubs and various plantings Zoned: R-5 Use: Single-family Residential Tax Code: 073-231-01 Appraised Value: $2,000 Property Owner’s Counteroffer: $38,000 Recommendation: To obtain clear title and avoid delay in the project schedule, staff recommends proceeding to condemnation. Council District: 2 86. Property Transactions - CityLYNX Gold Line Streetcar Phase 2, Parcels #59 and #61 Action: Approve the following Condemnation: CityLYNX Gold Line Streetcar Phase 2, Parcels #59 and #61 This property is acquired in accordance with Federal Guidelines 49 CFR Part 24 of the Uniform Acquisition and Relocation Act of 1970. Acquisition costs are eligible for Federal Transit Administration reimbursement. Project: CityLYNX Gold Line Streetcar Phase 2, Parcels #59 and #61 Owner(s): Kenneth R. Harris and Eleanor A. Harris Property Address: 1536 and 1554 West Trade Street Total Parcel Area: 24,779 sq. ft. (.569 ac.) Property to be acquired by Easements: 2,557.2 sq. ft. (.059 ac.) in Combined Utility and Waterline Easement Structures/Improvements to be impacted: None Landscaping to be impacted: None Zoned: B-1 Use: Commercial Tax Code: 078-181-01, 078-181-02 Appraised Value: $30,425 Property Owner’s Concerns: The property owner has concerns with the design of the project. City’s Response to Property Owner’s Concerns: Staff informed the property owner alternate designs were considered but did not meet the engineering criteria required 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: N/A City of Charlotte Page 82 Printed on 11/14/2016 City Council Business Meeting Meeting Agenda November 14, 2016 87. Property Transactions - CityLYNX Gold Line Streetcar Phase 2, Parcel #212 Action: Approve the following Condemnation: CityLYNX Gold Line Streetcar Phase 2, Parcel #212 This property is acquired in accordance with Federal Guidelines 49 CFR Part 24 of the Uniform Acquisition and Relocation Act of 1970. Acquisition costs are eligible for Federal Transit Administration reimbursement. Project: CityLYNX Gold Line Streetcar Phase 2, Parcel #212 Owner(s): Novant Health, Inc. Property Address: 333 Hawthorne Lane Total Parcel Area: 63,896 sq. ft. (1.467 ac.) Property to be acquired by Easements: 30.51 sq. ft. (.001 ac.) in Temporary Construction Easement Structures/Improvements to be impacted: None Landscaping to be impacted: None Zoned: O-2 Use: Hospital, Private Tax Code: 080-198-08 Appraised Value: $550 Recommendation: We are currently waiting on signed documents but 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: N/A 88. Property Transactions - CityLYNX Gold Line Streetcar Phase 2, Parcel #235 Action: Approve the following Condemnation: CityLYNX Gold Line Streetcar Phase 2, Parcel #235 This property is acquired in accordance with Federal Guidelines 49 CFR Part 24 of the Uniform Acquisition and Relocation Act of 1970. Acquisition costs are eligible for Federal Transit Administration reimbursement. Project: CityLYNX Gold Line Streetcar Phase 2, Parcel #235 Owner(s): Elizabeth Square Acquisition Corporation Property Address: 730 Hawthorne Lane Total Parcel Area: 146,796 sq. ft. (3.370 ac.) Property to be acquired by Easements: 322 sq. ft. (.007 ac.) in Sidewalk and Utility Easement, plus 215 sq. ft. (.005 ac.) in Temporary Construction Easement Structures/Improvements to be impacted: None Landscaping to be impacted: Shrubs and various plantings Zoned: B-1 Use: Multi-family Tax Code: 081-179-01 Appraised Value: $15,700 Outstanding Concerns: The property owner is reviewing the agreements. 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: N/A City of Charlotte Page 83 Printed on 11/14/2016 City Council Business Meeting Meeting Agenda November 14, 2016 89. Property Transactions - CityLYNX Gold Line Streetcar Phase 2, Parcel #303 Action: Approve the following Condemnation: CityLYNX Gold Line Streetcar Phase 2, Parcel #303 This property is acquired in accordance with Federal Guidelines 49 CFR Part 24 of the Uniform Acquisition and Relocation Act of 1970. Acquisition costs are eligible for Federal Transit Administration reimbursement. Project: CityLYNX Gold Line Streetcar Phase 2, Parcel #303 Owner(s): Kenya N. Harris and Kendra A. Harris and Kenisha S. Harris Property Address: Lawing Avenue Total Parcel Area: 5,096 sq. ft. (.117 ac.) Property to be acquired by Fee: 5,096.06 sq. ft. (.117 ac.) in Fee Simple Structures/Improvements to be impacted: None Landscaping to be impacted: Trees Zoned: B-1 Use: Commercial Tax Code: 078-182-12 Appraised Value: $96,825 Property Owner’s Counteroffer: $397,488 Property Owner’s Concerns: The property owner does not agree with the compensation amount offered or the location of the Traction Power Substation being located on this property and has requested for it to be relocated. City’s Response to Property Owner’s Concerns: Staff informed the property owner they could obtain their own appraisal and this was the best location for the Traction Power Substation, due to the engineering requirements. 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: N/A Adjournment City of Charlotte Page 84 Printed on 11/14/2016 City Council Business Meeting Meeting Agenda November 14, 2016 REFERENCES City of Charlotte Page 85 Printed on 11/14/2016 City Council Business Meeting Meeting Agenda November 14, 2016 90. 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 86 Printed on 11/14/2016 City Council Business Meeting Meeting Agenda November 14, 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 87 Printed on 11/14/2016 City Council Business Meeting Meeting Agenda November 14, 2016 91. 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 88 Printed on 11/14/2016 City Council Business Meeting Meeting Agenda November 14, 2016 92. 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 89 Printed on 11/14/2016