City Council Business Meeting

City of Charlotte Charlotte-Mecklenburg Government Center 600 East 4th Street Charlotte, NC 28202 Meeting Agenda Monday, December 12, 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 December 12, 2016 5:00 P.M. DINNER BRIEFING, CHARLOTTE-MECKLENBURG GOVERNMENT CENTER, ROOM 267 CITY COUNCIL MEETING Monday, December 12, 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 14 Resolution to Certify and Declare the Results of the November 8, 2016 Special Bond Referendum 16 CharMeck 911 Upgrade Contract Amendment 17 Firefighting Turnout Gear 1. Mayor and Council Consent Item Questions Staff Resource(s): Hyong Yi, City Manager’s Office Time: 5 minutes Synopsis Mayor and Council may ask questions about Consent agenda items. Staff will address questions at the end of the dinner meeting. 2. Housing First Charlotte-Mecklenburg Initiative Update Staff Resource(s): Pamela Wideman, Neighborhood & Business Services Michael Smith, Charlotte Center City Partners Time: 20 minutes Explanation § City Council will receive a status update on the Housing First Charlotte-Mecklenburg Initiative. § Launched in January 2015 by a coalition of public, private, and nonprofit organizations, this effort is focused on ending chronic homelessness in Charlotte-Mecklenburg by the end of 2016. § Major plan components included the development of a registry and coordinated assessment process to connect chronically homeless individuals and families with permanent supportive housing. Future Action This presentation is for informational purposes only. City of Charlotte Page 2 Printed on 12/8/2016 City Council Business Meeting Meeting Agenda December 12, 2016 3. Bojangles Coliseum/Ovens Auditorium Area Update Staff Resource(s): Ron Kimble, City Manager’s Office Randy Harrington, Management & Financial Services Tom Murray, Charlotte Regional Visitors Authority Time: 25 minutes Explanation § The FY2014 Community Investment Plan included $25 million for the Bojangles Coliseum/Ovens Auditorium area to support revitalization of Independence Boulevard, provide an indoor sports facility and respond to recreational needs of the community, support regional hospitality and tourism industry, and expand the tax base. § The original plan envisioned the City partnering with a private developer to build an amateur sports facility with the City funding public infrastructure investments and portions of a public/private partnership. § The City negotiated with the Good Sports company for the project, but ultimately Good Sports was not able to acquire the necessary capital to be a viable project. § Staff was asked in 2015 by the Economic Development & Global Competitiveness Committee to identify next steps and alternatives for this location. § The presentation will outline an alternative investment proposal for the area. Future Action The presentation is for informational purposes only. 4. Rezoning Policy Update Staff Resource(s): Ed McKinney, Planning Department Time: 25 minutes Explanation § Staff will provide an update on the rezoning process enhancements and recommendations. § In early 2016 staff conducted a series of Council Workshop discussions on the rezoning process in response to City Council requests. § The goal of these discussions was to ensure Council has the right information to make zoning decisions, and to establish clearer expectations in the rezoning process for staff, petitioners, and the community. § Council Workshop discussions included: - April 4, 2016 - Discussion of Issues and Concerns - May 2, 2016 - Zoning Decision Policy Guidance - June 6, 2016 - Priorities & Council Direction Future Action This presentation is for informational purposes only. City of Charlotte Page 3 Printed on 12/8/2016 City Council Business Meeting Meeting Agenda December 12, 2016 5. Answers to Mayor and Council Consent Item Questions Staff Resource(s): Hyong Yi, City Manager’s Office Time: 10 minutes Synopsis Staff responses to questions from the beginning of the dinner meeting. City of Charlotte Page 4 Printed on 12/8/2016 City Council Business Meeting Meeting Agenda December 12, 2016 Call to Order Roll Call Introductions Invocation Pledge of Allegiance City of Charlotte Page 5 Printed on 12/8/2016 City Council Business Meeting Meeting Agenda December 12, 2016 7:00 P.M. AWARDS AND RECOGNITION 6. 2016 Housing North Carolina Awards Action: Mayor Roberts will recognize Pamela Wideman from Neighborhood & Business Services to announce the winners of the 2016 Housing North Carolina Awards. 7. Charlotte Water Award Recognition Action: Mayor Roberts will recognize Barry Gullet and staff from Charlotte Water, to present the Utility of the Future flag to Mayor and Council. The flag is bestowed to select utilities who demonstrate superior performance and groundbreaking innovation in the water and wastewater industry. Additionally, several Charlotte Water staff will be recognized for various industry awards and services. City of Charlotte Page 6 Printed on 12/8/2016 City Council Business Meeting Meeting Agenda December 12, 2016 8. Consent agenda items 16 through 50 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 7 Printed on 12/8/2016 City Council Business Meeting Meeting Agenda December 12, 2016 PUBLIC HEARING City of Charlotte Page 8 Printed on 12/8/2016 City Council Business Meeting Meeting Agenda December 12, 2016 9. Public Hearing on a Resolution to Close an Unopened Alleyway off of E. 21st Street Action: A. Conduct a public hearing to close an Unopened Alleyway off of E. 21st Street, and B. Adopt a resolution to close an unopened alleyway off of E. 21st Street. Staff Resource(s): Jeff Boenisch, Transportation Explanation § North Carolina General Statute 160A-299 outlines the procedures for permanently closing streets and alleys. § The Charlotte Department of Transportation received a petition to abandon public right-of-way and requests this City Council action in accordance with the statute. § The action removes land from public right-of-way status and attaches it to the adjacent property. § The attached resolution refers to exhibits and metes and bounds descriptions that are available in the City Clerk’s Office. § An unopened alleyway off of E. 21st Street is located in Council District 1. Petitioners Parkwood Residence, LLC - J. David Heller. Right-of-Way to be Abandoned The unopened alleyway off of E. 21st Street is located between N. Brevard Street and N. Caldwell Street. Reason The petitioner is vested in all of the abutting property and intends to reassemble this land to include the unopened alleyway. The assembly of this land is consistent with rezoning petition #2015-126 for the Parkwood Station multi-family development project, approved by City Council on March 21, 2016. Notification As part of the City’s notification process, and in compliance with North Carolina General Statute 160A-299, the Charlotte Department of Transportation submitted this abandonment petition for review by the public and City Departments. Adjoining property owner(s) - All abutting property is owned by the petitioner. Neighborhood/Business Association(s) Optimist Park Neighborhood Association - Notified/no comments Private Utility Companies - No objections City Departments Review by City departments identified no apparent reason this closing would: § Be contrary to the public interest; § Deprive any individual(s) owning property in the vicinity of reasonable means of ingress and egress to 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 of Charlotte Page 9 Printed on 12/8/2016 City Council Business Meeting Meeting Agenda December 12, 2016 CityCouncilROWAbandonmentMap_2016-11 Resolution to Close an unopened alleyway off of E. 21st. Street City of Charlotte Page 10 Printed on 12/8/2016 City Council Business Meeting Meeting Agenda December 12, 2016 10. Public Hearing on a Resolution to Close a Portion of Chippendale Road Action: A. Conduct a public hearing to close a portion of Chippendale Road, and B. Adopt a resolution to close a portion of Chippendale Road. Staff Resource(s): Jeff Boenisch, Transportation Explanation § North Carolina General Statute 160A-299 outlines the procedures for permanently closing streets and alleys. § The Charlotte Department of Transportation received a petition to abandon public right-of-way and requests this City Council action in accordance with the statute. § The action removes land from public right-of-way status and attaches it to the adjacent property. § The attached resolution refers to exhibits and metes and bounds descriptions that are available in the City Clerk’s Office. § A portion Chippendale Road is located in Council District 5. Petitioners The City of Charlotte Right-of-Way to be Abandoned The portion of Chippendale Road is located on the north side of Monroe Road between Commonwealth Avenue and Shade Valley Road. Reason Chippendale Road was recently realigned to meet up with the existing intersection of Richland Drive at Monroe Road. The abandonment of a portion of Chippendale Road will eliminate excess right-of-way left over from this realignment project; thereby, allowing it to be attached to the adjacent property for future use/development. Notification As part of the City’s notification process, and in compliance with North Carolina General Statute 160A-299, the Charlotte Department of Transportation submitted this abandonment petition for review by the public and City Departments. Adjoining property owner(s) City of Charlotte - No objection Lake City Tractor Supply, LLC - Supports Neighborhood/Business Association(s) Oakhurst Community Neighborhood Association - Notified/No comments Private Utility Companies - No objections City Departments Review by City departments identified no apparent reason this closing would: § Be contrary to the public interest; § Deprive any individual(s) owning property in the vicinity of reasonable means of ingress and egress to his property as outlined in the statutes; and City of Charlotte Page 11 Printed on 12/8/2016 City Council Business Meeting Meeting Agenda December 12, 2016 § Be contrary to the adopted policy to preserve existing rights-of-way for connectivity. Attachment Map Resolution City Council Map_ Chippendale Road Resolution to Close a portion of Chippendale Road City of Charlotte Page 12 Printed on 12/8/2016 City Council Business Meeting Meeting Agenda December 12, 2016 POLICY 11. City Attorney Evaluation Action: Approve the Governance & Accountability Committee recommendations related to the Fiscal Year 2017 evaluation of the City Attorney. Committee Chair: Council member Kenny Smith, Governance & Accountability Committee Staff Resource(s): Bob Hagemann, City Attorney Cheryl Brown, Human Resources Explanation § At its recent meeting on November 28, 2016, the Governance & Accountability Committee (Committee) met to review the evaluation criteria for the City Attorney for Fiscal Year 2017. § The Committee also reviewed the evaluation process of the City Attorney used in Fiscal Year 2016 and made recommendations for the process going forward. § On November 28, 2016, the Committee voted unanimously (Smith, Mayfield, Autry; Phipps was not present) to approve the following items: - City Attorney’s Fiscal Year 2017 evaluation criteria, and - Timeline for completing the City Attorney’s Fiscal Year 2017 evaluation § The City Attorney’s evaluation criteria include: - Advise the Mayor and City Council, - Represent the City’s Interests, - Assist the City Manager and Staff, and - Special Projects. § The City Attorney’s full evaluation criteria and the Fiscal Year 2017 evaluation schedule are included as attachments. Attachment City Attorney’s Fiscal Year 2017 Evaluation Criteria City Attorney’s Fiscal Year 2017 Evaluation Schedule 2017 City Attorney Evaluation Criteria 2017 City Attorney Evaluation Timeline External City of Charlotte Page 13 Printed on 12/8/2016 City Council Business Meeting Meeting Agenda December 12, 2016 12. Fiscal Year 2018 - Fiscal Year 2019 City Council Focus Area Plans Action: Approve the City Council Committees’ recommended Fiscal Year 2018 - Fiscal Year 2019 Strategic Focus Area Plans for: A. Community Safety, B. Economic Development, C. Environment, D. Housing & Neighborhood Development, and E. Transportation & Planning. Committee Chair(s): Council member Julie Eiselt, Community Safety Council member James Mitchell, Economic Development Council member John Autry, Environment Council member LaWana Mayfield, Housing & Neighborhood Development Mayor Pro Tem Vi Lyles, Transportation & Planning Explanation § The Focus Area Plans (Plans) represent the City Council’s priorities and are intended to guide the organization’s strategic planning efforts. § The City Council discussed the development of Fiscal Year 2018 - Fiscal Year 2019 Plans from September through November 2016. § At the Council Workshop meeting on December 5, 2016, City Council reviewed each draft Fiscal Year 2018 - Fiscal Year 2019 Plan. § The key Fiscal Year 2018 - Fiscal Year 2019 strategic objectives from the five Plans are listed below. Each of the five Plans have an objective related to fostering economic success in the community. The purpose of this common objective is to outline various policies and programs the City is working on to promote economic opportunity across the five Focus Areas. All five Committee-recommended Plans are provided as an attachment. Community Safety § Minimize loss of life, property damage, and injury § Improve perception of safety and level of trust in community safety § Develop an inclusive, representative, and highly trained workforce § Enhance emergency preparedness § Foster economic success for everyone in the community Economic Development § Provide access to job training and employment opportunities for youth and adults § Promote the holistic development of targeted business districts and neighborhoods § Foster economic success for everyone in the community Environment § Practice environmental stewardship in City operations and facilities § Protect water quality as a resource to the community § Protect air quality § Reduce, reuse, and recycle waste § Maintain/protect urban forest as a community resource § Foster economic success for everyone in the community City of Charlotte Page 14 Printed on 12/8/2016 City Council Business Meeting Meeting Agenda December 12, 2016 Housing & Neighborhood Development § Preserve and create neighborhoods that offer affordable housing options § Preserve and create neighborhoods that are attractive and environmentally sustainable § Preserve and create neighborhoods that are connected and vibrant § Preserve and create neighborhoods that are engaged and welcoming § Foster economic success for everyone in the community Transportation & Planning § Accommodate and support growth § Support a vibrant and growing economy § Maintain and support Charlotte’s transportation assets § Foster economic success for everyone in the community Attachment Committee-Recommended Fiscal Year 2018 - Fiscal Year 2019 Focus Area Plans Committee Recommended Fiscal Year 2018 - Fiscal Year 2019 Focus Area Plans 13. City Manager’s Report City of Charlotte Page 15 Printed on 12/8/2016 City Council Business Meeting Meeting Agenda December 12, 2016 BUSINESS 14. Resolution to Certify and Declare the Results of the November 8, 2016 Special Bond Referendum Action: Adopt a resolution certifying and declaring the results of the November 8, 2016 Special Bond Referendum. Staff Resource(s): Randy Harrington, Management and Financial Services Robert Campbell, Management and Financial Services Explanation § On July 25, 2016, City Council conducted a public hearing and adopted a resolution approving the call for referendum on November 8, 2016 for $148,440,000 general obligation transportation bonds, $15,000,000 general obligation housing bonds, and $55,000,000 general obligation neighborhood improvement bonds according to the Community Investment Plan for Fiscal Years 2017 through 2021. § The referendum was conducted on November 8, 2016 and the Mecklenburg County Board of Elections has presented the Canvass of Results of the Referendum. The Mecklenburg County Board of Elections certified the results of the Special Bond Referendum on November 28, 2016. § The results were: - 264,087 (77%) in favor of the Transportation Bonds and 79,642 (23%) opposed - 240,025 (70%) in favor of the Housing Bonds and 103,111 (30%) opposed - 267,946 (78%) in favor of the Neighborhood Improvement Bonds and 76,193 (22%) opposed. § Following the City Council action, staff will publish a Statement of Results for each bond issuance. Publication initiates a 30-day action period to dispute election results. It is not anticipated that any challenges will be filed. Attachment Board of Elections Certificate of Canvass 2016 Referendum Resolution Certificate of Canvass Nov 2016 election Post Ref Council Action and Notices - Charlotte 2016 Referendum - rev. to v1 15. Mayor and City Council Topics The City Council members may share information and raise topics for discussion. City of Charlotte Page 16 Printed on 12/8/2016 City Council Business Meeting Meeting Agenda December 12, 2016 CONSENT City of Charlotte Page 17 Printed on 12/8/2016 City Council Business Meeting Meeting Agenda December 12, 2016 16. CharMeck 911 Upgrade Contract Amendment Action: A. Approve contract amendment #1 with West Safety Services for services to support 911 hardware and software upgrade and the implementation of additional E-911 functionality for the Charlotte-Mecklenburg Police Department, Charlotte Fire Department, and Mecklenburg Emergency Management System Agency, B. Authorize the City Manager to approve price adjustments, amend the contract consistent with the City’s business needs and the purpose for which the contract was awarded, and to purchase maintenance and support for as long as the City uses the system, and C. Authorize the City Manager to purchase additional software licenses, services, and hardware as needed from time to time to optimize Charlotte-Mecklenburg Police Department, Charlotte Fire Department, and Mecklenburg Emergency Management System Agency’s use of the system. Staff Resource(s): Katrina Graue, Police Richard Granger, Fire Kevin Staley, Medic Sonya Williams, Police Explanation § On February 28, 2011, the City Council approved a contract with West Safety Services for the E- 911 system (Intrado), the system serving as the initial point of contact between the caller and the public safety agency, receiving the incoming call, allowing the collection of data from the caller that is transferred into the Computer Aided Dispatch systems used by Charlotte-Mecklenburg Police Department (CMPD), Charlotte Fire Department (CFD), and Mecklenburg Emergency Management System Agency (Medic) to provide a public safety response to the caller. § Contract amendment #1 is needed to purchase additional 911 positions and to upgrade the system providing access to new functionality. The amendment is fully funded by the Public Safety North Carolina 911 Services Fund. § Contract amendment #1 will achieve the following goals: - CMPD will add additional 911 positions to the CMPD 911 Center providing the ability to increase 911 call-taking capacity. The additional positions should be in place prior to the upgrade in order to streamline that process. - Replacement of the current 911 hardware, which has been in place since October 2011, with the latest software, positioning CMPD, CFD, and Medic to take advantage of next generation 911 capabilities and new functionality, such as: § Allow the agencies to access the 911 system services from all connected communications locations; § Make the transition for CMPD, CFD, or Medic to the Backup 911 Center site seamless, eliminating the need for manual processes; § Make the transition for CMPD and CFD to the Joint Communications Center seamless, eliminating the need for a manual processes; and § In the event of a disaster, allows CMPD, CFD, or Medic the capability to assign personnel to other agency sites and respond to public safety calls from the site. - Provide the capability to receive 911 requests via text and respond to 911 text messages from a citizen needing public safety assistance, including the hard of hearing community, which is not an option available currently. § The total price of the products and services to be provided under this contract amendment are City of Charlotte Page 18 Printed on 12/8/2016 City Council Business Meeting Meeting Agenda December 12, 2016 estimated to be approximately $1,150,000, excluding ongoing software maintenance and support. § Annual expenditures for ongoing software maintenance and support under the contract will not exceed 5% per year for maintenance and support each year. Charlotte Business INClusion No subcontracting goal was established because there are no subcontracting opportunities (Part C: Section 2.1(a) of the Charlottes Business INCLusion Policy) Fiscal Note Funding: Public Safety North Carolina 911 Services Fund City of Charlotte Page 19 Printed on 12/8/2016 City Council Business Meeting Meeting Agenda December 12, 2016 17. Firefighting Turnout Gear Action: A. Award unit price contracts to the following lowest responsive bidders for the purchase of firefighting turnout gear for one year: - Atlantic Emergency Solutions, - Municipal Emergency Services, Inc., and - Newton’s Fire & Safety Equipment, Inc. 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): Kevin Gordon, Charlotte Fire Department Karen Ewing, Management & Financial Services Explanation § Firefighting turnout gear is used by the Charlotte Fire Department (CFD) for personal firefighter protection while performing daily tasks including firefighting, search and rescue, and responding to building entrapments and gas leaks. Firefighting turnout gear consists of a jacket and pant and helps protect the firefighters from thermal and mechanical injury. § On May 19, 2016, Management & Financial Services issued a two-phase Invitation to Bid for CFD and on behalf of the Charlotte Cooperative Purchasing Alliance (CCPA) for firefighting turnout gear. Three bids were received from interested bidders, and each bid offered products from a different manufacturer. - In phase I, the City required bidders to furnish sample gear for CFD to test and evaluate the compliance with specifications, quality, durability, and performance of the gear. o Three bidders submitted on one or more of the required manufacturers’ products, and provided information including references and sample reporting, and proposed alternate sample gear. o Based on the evaluation results, CFD approved specific products for which the bidders could provide unit price bids. - In Phase II, the City approved two of the proposed alternate samples and requested fixed unit price bids for eight products. § To accommodate the diverse need of CFD and other CCPA public entities, all three bidders were selected to provide specific manufacturers’ products. - Atlantic Emergency Solutions is an authorized distributor for Innotex brand gear. - MES is an authorized distributor for Globe brand gear. - Newton’s Fire & Safety is an authorized distributor for Morning Pride brand gear. § The companies will be paid the unit prices set forth in the contracts, copies of which are available upon request. § The contracts give the City the option to renew for four additional, one-year terms with applicable price adjustments included in the contract pricing sheet. § The first year combined annual expenditure is estimated to be $1,894,968. - On October 10, 2016, the Charlotte City Council authorized the City Manager to accept the 2015 Assistance to Firefighters Grant from the U.S. Department of Homeland Security, Federal Emergency Agency in the amount of $1,401,750, with a local match of $127,431. This grant will allow CFD to purchase additional personal protective equipment, such as helmets, boots, hoods, and gloves, in addition to turnout gear. - CFD plans to use a portion of the 2015 grant funds (estimated at $1,274,319) and operating funds (estimated at $620,649) to purchase replacement turnout gear for an estimated 1,044 fire operations personnel during the initial term of the contracts. City of Charlotte Page 20 Printed on 12/8/2016 City Council Business Meeting Meeting Agenda December 12, 2016 § CFD intends to purchase approximately $1,722,268 in Globe gear from MES during the initial one year term. § CFD plans to buy approximately $172,700 in Innotex gear from Atlantic Emergency Solutions during the initial one year term. § The additional turnout gear will help ensure the proper maintenance and exchange of turnout gear, and will enable CFD to move towards its ultimate goal to provide two sets of turnout gear for each operations staff member. - Proper maintenance and exchange of turnout gear is critical for the health and safety of firefighters. Background § The National Fire Protection Association recommends replacing all protective clothing every 10 years, or when the garments are damaged to the point of noncompliance with safety specifications. § The CCPA is a cooperative purchasing program within Management & Financial Services with the specific purpose of reducing procurement costs by leveraging aggregate purchasing volume to receive better pricing. § Firefighting turnout gear is commonly used by entities of all sizes. Offering competitively-priced gear through CCPA benefits entities nationwide. § CCPA contracts are available for the use of and to benefit all entities that must comply with state purchasing laws (cities, counties, public and private schools, colleges and universities, non-profits, and all governmental entities). § CFD does not plan to use Morning Pride gear. The Newton’s Fire & Safety contract will be utilized by other CCPA public entities. 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: CFD Operating Budget and the 2015 Assistance to Firefighters Grant City of Charlotte Page 21 Printed on 12/8/2016 City Council Business Meeting Meeting Agenda December 12, 2016 18. Building Commissioning Services Action: Approve a unit price contract for building commissioning services with the following companies for a three-year term: - System WorCx, PLLC, - RMF Engineering, - McCracken & Lopez, P.A., and - HEA Engineers LLP. Staff Resource(s): William Haas, Engineering & Property Management Explanation § Building commissioning is a third-party, independent service involving design phase input and plan review to test and adjust mechanical, electrical, and plumbing systems. This is an on-going City practice in order to maintain optimum efficiencies. § The service ensures the systems work together to achieve optimum efficiency, reducing operating costs and improving performance of the building while also increasing satisfaction of the tenants. § These consultants will provide building commissioning services on new and existing Police, Fire, and other City buildings on an as-needed basis. § A commissioning agent will be used, as required by the Policy for Sustainable City Facilities, to help ensure mechanical, electrical, and plumbing systems operate at optimum efficiency. § On July 18, 2016, the City issued a Request for Qualification for Building Commissioning Services. In response to the RFQ, the City received seven proposals from interested professional service providers. § Consultants were selected pursuant to the Council-approved qualifications-based selection process in accordance with North Carolina General Statutes. § Expenditures for each contract are estimated to be $250,000 over the three-year term, for a total of $1,000,000. 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 included MWSBEs on its project team, and for each work order issued, committed 10% ($25,000) to the following certified firms: System WorCx, PLLC · AeroRaq Engineering (MBE) (commissioning services) · Christian Engineering (MBE, SBE) (commissioning services) · The Milbourne Group (MBE, SBE) (commissioning services) RMF Engineering · Building EnergetiCx (SBE) (commissioning services) McCracken & Lopez, P.A., · High Performance Building Solutions (SBE) (commissioning services) HEA Engineers LLP · The Milbourne Group - Consulting Engineers (SBE, MBE) (commissioning services) Fiscal Note Funding: General Facilities Community Investment Plan City of Charlotte Page 22 Printed on 12/8/2016 City Council Business Meeting Meeting Agenda December 12, 2016 19. Aerial Mapping Services Action: Approve a unit price contract with the following companies for aerial mapping services for a term of three years: - Avioimage Mapping Services, Inc., - Independent Mapping Consultants, Inc., and - So-Deep/SAM NC, Inc. Staff Resource(s): Jackie Brim, Engineering & Property Management Explanation § Aerial mapping is a safe, accurate and cost effective method for acquiring the base information needed for engineering design of Community Investment Plan projects. § The base mapping includes the visible physical features, contours of the surface elevations, and an elevation point at a 10 foot interval. § On October 12, 2016, the City issued a Request for Qualification (RFQ) for Aerial Mapping Services for Capital Improvement Projects. In response to the RFQ, the City received seven 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. § Total expenditures for each contract are estimated to be $200,000 over the three-year term, for an aggregate total of $600,000. 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). One of the firms selected, Avioimage Mapping Services, Inc. is a City certified SBE. Fiscal Note Funding: General Community Investment Plan City of Charlotte Page 23 Printed on 12/8/2016 City Council Business Meeting Meeting Agenda December 12, 2016 20. Storm Drainage Improvement Project Engineering Services Action: Approve a unit price contract for engineering services on storm drainage improvement projects with the following consultants for a three-year term: - D&A Wolverine, PLLC, and - ESP Associates, PA Staff Resource(s): Doug Lozner, Engineering & Property Management Explanation § Storm Water Services uses contracted engineering firms on storm drainage improvement projects that are the highest ranking projects in the program backlog each year. § The projects may include storm drainage improvements that reduce house and street flooding, repair failing infrastructure, or enhance water quality of nearby creeks. § On July 13, 2016, the City issued a Request for Qualification (RFQ) for Various Storm Water Services Projects. In response to the RFQ, the City received 25 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. § Work will include, but is not limited to: - Evaluation, - Analysis and recommendations for repair and/or improvement, - Design of repairs and/or improvements, - Preparation of construction documents, - Environmental assessments, and - Construction oversight and monitoring. § Total expenditures to the two consultants are estimated to be $3,000,000 in the aggregate over a three-year term. D&A Wolverine, PLLC Contract § The first project to be initiated under this contract will be the Chandworth Storm Drainage Improvement Project. § The project drainage area is approximately 200 acres and bordered by Park South Drive and Sulkirk Road to the north, Sharon Road to the east, Ashton Drive and Riverbend Road to the south, and Park Road to the west. § The work will include design, permitting, preparation of construction drawings, and specifications, as well as construction administrative activities. ESP Associates, PA Contract § The project to be initiated under this contract will be the Hill Street Storm Drainage Improvement Project. § The project drainage area is approximately 245 acres and bordered by West 4th Street to the north, Stonewall Street and South Graham Street to the east, West Bland Street and South Tryon Street to the south, and Interstate I-77 to the west. § The work will include design, permitting, preparation of construction drawings, and specifications, as well as construction administrative activities. 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 MWSBE firms to participate as project scopes are defined, and committed 10% of the total contract amount to the City of Charlotte Page 24 Printed on 12/8/2016 City Council Business Meeting Meeting Agenda December 12, 2016 following certified firms: D&A Wolverine, PLLC (SBE) · The Survey Company, Inc. (SBE) (surveying) · Survey Mapping & Control, Inc. (SBE) (surveying) · Avioimage Mapping Services (SBE) (mapping) · Carolina Wetland Services, Inc. (SBE, WBE) (wetland delineation, environmental permitting) · Spot ‘em, Inc. (MBE) (utility locates and subsurface investigations) · Sweetwater Utility Explorations, LLC (SBE) (utility locates and subsurface investigations) ESP Associates, PA · Ameridrill Corporation (SBE) (drilling) · Wescott Structures, PA (SBE, WBE) (engineering services) Fiscal Note Funding: Storm Water Community Investment Plan Attachment Maps Location Map - Storm Drainage Improvement Engineering Services City of Charlotte Page 25 Printed on 12/8/2016 City Council Business Meeting Meeting Agenda December 12, 2016 21. Telecommunications Lease Amendment with New Cingular Wireless PCS, LLC Action: A. Approve an amendment to the lease with AT&T, operating as New Cingular Wireless PCS, LLC, at 2300 South Point Road, Belmont (Gaston County parcel identification number 192173), modifying the lease rate and extending the term of the lease for three additional, five-year terms, through October 31, 2047, and B. Adopt a resolution authorizing the City Manager to execute all necessary documents to complete the lease amendment between the City of Charlotte and New Cingular Wireless PCS, LLC. Staff Resource(s): Amanda Byrum, Engineering & Property Management Paul Wilkerson, Innovation & Technology Explanation § Since 2005, the City has leased ground space for a telecommunications tower on property located in Belmont, North Carolina, owned by the South Point Volunteer Fire Department. § The City constructed and owns the telecommunications tower and operates it for public safety communications. § In order to generate revenue for public safety communications to offset the costs of the telecommunications tower and equipment maintenance, the City began leasing space on the tower and the ground. § The tower was constructed to the specifications used for public safety equipment, which are more limited than those typically utilized for commercial carrier operation. § In 2008, the City entered into a lease agreement with AT&T, operating as New Cingular Wireless PCS, LLC, with an expiration date of October 31, 2032. § AT&T recently determined that the site was generating lower revenues than projected. As a result, AT&T submitted a request to reduce the lease rate in order to continue operations at the site. § In consultation with Innovation & Technology, staff determined that continued revenue collection would be beneficial to the City and negotiated the lease rate reduction and extended lease term with AT&T. § The lease amendment will reduce the lease rate from $1,500 to $1,350 per month as the new base rate and will extend the term of the lease for three additional, five-year extension terms. § The reduction in the lease rate is accompanied by a rent guarantee period through November 30, 2031, providing for the payment of rent whether or not AT&T is able to continue operating under the lease. § The new lease rate will escalate by 15% at the start of each five-year extension term, beginning on December 1, 2021. § The new lease expiration date will be October 31, 2047. § Space on the tower and ground are available for additional lessees, if other telecommunications companies are interested in co-location. Attachment Resolution AT&T Southpoint Resolution 12.12.16 City of Charlotte Page 26 Printed on 12/8/2016 City Council Business Meeting Meeting Agenda December 12, 2016 22. Amendment to the City-County Single Storm Water System Agreement Action: Adopt a resolution to approve the amended and restated Agreement for operation of a single Storm Water System in Mecklenburg County. Staff Resource(s): Daryl Hammock, Engineering & Property Management Explanation § In October 1993, Council approved the original agreement with Mecklenburg County for the joint operation of a single storm water utility within the City limits. § The Agreement defines the operation of a consolidated storm water program in Mecklenburg County. § State law requires coordination among storm water programs operating in the same geographic area and prohibits the imposition of fees for storm water services by more than one entity in a given area. § The Agreement enables the City and the County to meet these statutory requirements by defining the allocation of roles and funding. § The minor enhancements and clarifications to the City-County Interlocal Agreement will: - Consolidate language from a separate City-County shared programs agreement into a single agreement to aid in flexibility and streamline processes related to work plans. - Add an option for the City and County to have separate fee credit policies in the future. - Recognize that the County approves credits when notified of the change by the City. - Make the Agreement consistent with the way fees are currently billed. - Ensure consistency with General Statutes as well as include added flexibility for Advisory Committee meetings related to hearing appeals and variances. § City and County staff have reached consensus on the content of the revised agreement and the Storm Water Advisory Committee endorsed it at their October 20, 2016 meeting. § The proposed Agreement is expected to be approved by the Mecklenburg County Board of County Commissioners in early 2017. Background § On June 24, 2002, Council approved the Amended and Restated Agreement for operation of a single storm water system in Mecklenburg County. § On March 28, 2005, Council approved a resolution amending the 2002 Agreement to clarify public hearing requirements for rate adjustments. § On June 22, 2009, Council approved revisions to align the responsibilities of the Storm Water Advisory Committee to: Hear and make decisions on appeals and variances to be consistent with adopted City Ordinances; Clarify the use of the fixed fee for billing systems; Provide the authority to set rates based on more than two tiers; Clarify length of terms for Storm Water Advisory Committee members; Extend the term of the initial agreement from July 1, 2009 until June 30, 2010, which shall be automatically renewed each fiscal year thereafter unless notice of non-renewal is given. Fiscal Note Funding: The proposed amendments to the Agreement will not impact the Storm Water Services budget or the general fund. Attachment Agreement for Operation of a Single Storm Water System Resolution City of Charlotte Page 27 Printed on 12/8/2016 City Council Business Meeting Meeting Agenda December 12, 2016 Amended Storm Water Agreement Blackline 12.12.16 Resolution Stormwater Interlocal 12December 2016 v3 City of Charlotte Page 28 Printed on 12/8/2016 City Council Business Meeting Meeting Agenda December 12, 2016 23. Cross-Charlotte Trail Planning and Design Services Action: Approve contract amendment #2 for $680,760 for the Cross-Charlotte Trail - Brandywine Road to Tyvola Road Segment, with Kimley-Horn and Associates, Inc. for additional planning and design services. Staff Resource(s): Joe Frey, Engineering & Property Management Explanation § The Cross-Charlotte Trail is a joint City-County Community Investment Plan project to create a continuous 26 mile trail and greenway facility that will stretch from the City of Pineville, through Charlotte’s Center City, and on to the Cabarrus County line. § This project is included in the City’s current General Community Investment Plan, with $5 million allocated from the 2014 Bond Referendum and an additional $28 million allocated from the 2016 Bond Referendum. § On October 26, 2015, the City Council approved a contract with Kimley-Horn and Associates, Inc. (Kimley-Horn) for the design of the Brandywine to Tyvola trail segment, as well as the design of the South Charlotte Connector and planning for an additional trail segment from Davidson Street to 25th Street. § On November 17, 2016, staff executed contract amendment #1, adding a specialty sub-consultant. The amendment was within the City Council’s original authorization and covered work elements that had not been fully developed at the time the original contract was executed. § Contract amendment #2 will allow Kimley-Horn to carry their efforts further north and includes: - Construction administration assistance for the Brandywine Road to Tyvola Road trail segment (1.4 miles); - Full trail design from Davidson Street to Matheson Avenue as well as assistance with real estate, bidding, and construction of this trail segment (1 mile); and - Planning phase services for the Matheson Avenue to Craighead Road trail segment (1 mile). § The total contract amount to-date, including contract amendment #2 is $1,658,939 and is available in the project budget. The City Council may be asked to approve additional amendments to the contract in the future. § Design and construction administrative services may be awarded as an incentive for good performance, including meeting the project schedules, fulfilling planning deliverables, and remaining within the project budget. Charlotte Business INClusion All additional work involved in this amendment will be performed by Kimley-Horn and their existing subcontractors. (Part D: Section 6 of the Charlotte Business INClusion Policy). Kimley-Horn has committed 8.10% ($54,870) of the contract amendment amount to the following certified firms: · Boyle Consulting Engineers (SBE) ($12,370) (geotechnical) · Hinde Engineering (SBE) ($34,000) (engineering services) · CMW Design Strategies (SBE) ($8,500) (design services) Fiscal Note Funding: General Community Investment Plan Attachment Maps Location Map - Cross-Charlotte Trail Planning and Design Services City of Charlotte Page 29 Printed on 12/8/2016 City Council Business Meeting Meeting Agenda December 12, 2016 24. Brown Grier Road & Gallant Lane Sidewalk Project Action: Award a contract in the amount of $238,521.25 to the lowest responsive bidder Red Clay Industries, Inc. for the construction of Brown Grier Road & Gallant Lane Sidewalk project. Staff Resource(s): Chandler Crofts, Engineering & Property Management Explanation § The Brown Grier Road and Gallant Lane Sidewalk project will support the City’s Sidewalk Program to enhance connectivity, offer transportation choices, and improve pedestrian safety. § Construction will include new sidewalk along the south side of Brown Grier Road and along the east side of Gallant Lane in order to improve pedestrian access to Kennedy Middle School and Steele Creek Elementary School. § Pedestrian improvements at the intersection of Brown Grier Road and Gallant Lane will also be included as part of the project. § On October 11, 2016, the City issued an Invitation to Bid; three bids were received from interested service providers. § Red Clay Industries, Inc. was selected as the lowest responsive, responsible bidder. § The project is anticipated to be complete by third quarter 2017. The construction duration is 90 days and will be completed before the start of the 2017/18 school year. Charlotte Business INClusion Construction contracts estimated to be less than $300,000 are informal and are exempt from the goal setting process (Part A: Section 3.1 of the Charlotte Business INClusion Policy). Fiscal Note Funding: General Community Investment Plan Attachment Map Location Map - Brown Grier Road - Gallant Lane Sidewalk Project City of Charlotte Page 30 Printed on 12/8/2016 City Council Business Meeting Meeting Agenda December 12, 2016 25. Bearmore Drive Storm Water Improvement Project Action: Award a contract in the amount of $859,734.76 to the lowest responsive bidder B & N Grading, Inc. for the Bearmore Drive Storm Water Improvement project. Staff Resource(s): Stewart Edwards, Engineering & Property Management Harold Gaines, Engineering & Property Management Explanation § The Bearmore Drive Storm Water Improvement project will improve 270 feet of concrete box culvert and 200 feet of concrete pipe storm drainage infrastructure to address flooding of streets and four properties in the 1100 block of Bearmore Drive. § The project is located within the Stonehaven Neighborhood which is bound by Rama Road, Sardis Road and Monroe Road. § The work will include: - Replacement of storm drainage and structures, - Curb and gutter, driveways, and - Asphalt pavement repair. § On October 10, 2016, the City issued an Invitation to Bid for Bearmore Drive Storm Water Improvement Project; four bids were received from interested service providers. § B & N Grading, Inc. was selected as the lowest responsive, responsible bidder. § The project is anticipated to be complete by December 2017. Charlotte Business INClusion Established SBE Goal: 14.00% Committed SBE Goal: 20.01% B & N Grading, Inc. exceeded the established subcontracting goal, and has committed 20.01% ($172,000) of the total contract amount to the following certified firm(s) (Part B: Section 3 of the Charlotte Business INClusion Policy): · Jones Grading & Fencing, Inc. (SBE, MBE) ($20,000) (grading) · Landmark Materials, LLC (SBE) ($43,400) (hauling) · R.R.C. Concrete Inc (SBE) ($20,000) (concrete) · Streeter Trucking Company, Inc. (SBE, MBE) ($31,600) (hauling) · Trull Contracting, LLC (SBE) ($57,000) (paving and storm drainage) Established MBE Goal: 6.00% Committed MBE Goal: 6.00% B & N Grading, Inc. met the established subcontracting goal, and has committed 6.00% ($51,600) of the total contract amount to the following certified firm(s) (Part B: Section 3 of the Charlotte Business INClusion Policy): · Jones Grading & Fencing, Inc. (SBE, MBE) ($20,000) (grading) · Streeter Trucking Company, Inc. (SBE, MBE) ($31,600) (hauling) B & N Grading, Inc. is a City (SBE) Fiscal Note Funding: Storm Water Community Investment Plan Attachment Map Location Map - Bearmore Drive Storm Water Improvement Project City of Charlotte Page 31 Printed on 12/8/2016 City Council Business Meeting Meeting Agenda December 12, 2016 26. Metrolina Regional Travel Demand Model Services Action: A. Approve a contract with the following companies for regional travel demand modeling services for a term of three-years: - Parsons Brinckerhoff, Inc., - Citilabs, Inc., and - Cambridge Systematics, Inc. B. Authorize the City Manager to amend the contract consistent with the City’s business needs and the purpose for which the contract was approved. Staff Resource(s): Anna Gallup, Transportation Explanation § The Metrolina Regional Travel Demand Model is a computer modeling tool for evaluating existing and future travel in the Metrolina Region. § Ongoing refinement and updates of the Metrolina Regional Travel Demand Model are necessary to maintain the state-of-the-practice travel demand model as required by U.S. Department of Transportation for air quality conformity determinations, highway travel forecasts, and transit ridership forecasts. § As custodian of the Metrolina Regional Travel Demand model, the Charlotte Department of Transportation (CDOT) is responsible for the development, modification, enhancement, ongoing maintenance, and the distribution of the Official Model. City staff and consultants complete this work on behalf of the eleven-county, bi-state region. § On October 7, 2016, the City issued a Request for Proposal (RFP) for on-call technical support with the Regional Travel Demand Model. In response to the RFP, the City received four proposals from interested service providers. § The Project Team, consisting of staff from CDOT, NCDOT, and SCDOT, evaluated the proposals and determined that Parsons Brinckerhoff, Inc. (WSP | Parsons Brinkerhoff), Citilabs, Inc., and Cambridge Systematics, Inc. best meet the City’s needs in terms of qualifications, experience, and responsiveness to RFP requirements. § Total expenditures for all contracts over a three-year term are estimated to be as follows: - Parsons Brinckerhoff, Inc.- $150,000 (including but not limited to enhancement of the freight (truck) component of the model and guidance regarding development of a tour-based mode choice component), - Citilabs, Inc.- $150,000 (including but not limited to assistance refining the tour-based model and expand it to include a tour-based mode choice component), and - Cambridge Systematics, Inc.- $50,000 (including but not limited to model calibration/validation, and travel survey development). § Funding is as follows: - Federal Highway Administration (FHWA) and Federal Transit Administration (FTA) grant funds- 80% ($280,000), and - Charlotte Regional Transportation Organization and the North Carolina Department of Transportation - 20% ($70,000) of which Charlotte’s share will be $26,250. Small Professional Services Firm (SPSF) Opportunity For Federal Highway Administration funded projects, the North Carolina Department of Transportation (NCDOT) does not mandate a goal through the State’s SPSF program, however, the following SPSFs will be used on this project: Citilabs, Inc. is a SPSF, and Cambridge Systematics, Inc. will use Clearbox Forecast Group, PLLC (SPSF) for approximately 10% of the contracted work. City of Charlotte Page 32 Printed on 12/8/2016 City Council Business Meeting Meeting Agenda December 12, 2016 Fiscal Note Funding: Federal Highway Administration grant, Federal Transit Agency grant, NCDOT grant, and CDOT Operating Budget 27. Private Developer Funds Appropriation Action: Adopt a budget ordinance appropriating $19,000 in private developer funds for signal modifications from Central Piedmont Community College. Staff Resource(s): Scott Putnam, Transportation Explanation § The $19,000 in private developer funding is for traffic signals/upgrades and related work associated with a developer project. The funding is restricted to this project. § The following developer is fully funding traffic signal installations and improvements to mitigate traffic impacts around the respective development project: - Central Piedmont Community College contributed $19,000 for signal modifications consisting of a span transfer and pedestrian signals at the intersection of East 4th Street and Charlottetowne Avenue. § The signal meets the same criteria as other traffic signals approved by the City. § Payments made by developers are in response to estimates of work prepared by the Charlotte Department of Transportation (CDOT) and supplied to the developers. § Any funding contributed by developers for signal projects that is unused by the City will be refunded after project completion. § CDOT will be installing and operating 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 112216 CDOT ord 12-12-16 Developer Contributions City of Charlotte Page 33 Printed on 12/8/2016 City Council Business Meeting Meeting Agenda December 12, 2016 28. Solid Waste Services Work and Asset Management Implementation Contract Amendment Action: Approve contract amendment #1 with Black and Veatch for implementation, systems integration, and training services associated with the Cityworks Work and Asset Management System. Staff Resource(s): Victoria Johnson, Solid Waste Services Ed Reaves, Solid Waste Services Explanation § The Cityworks Work and Asset Management System is an application to manage internal and external work orders and to manage the equipment and supplies required to perform these work orders. § Solid Waste Services (SWS) began implementing Cityworks in 2013 to replace an end-of-life, unsupportable, and inadequate work management application as a component of a long-term enterprise technology strategy transition being implemented by Charlotte Department of Transportation (CDOT), Engineering & Property Management, Charlotte Water, Charlotte Area Transit System, and SWS. § The initial project phases in SWS were completed in June 2016 under a previous contract. § On June 27, 2016, the City Council approved a new master services contract with Black and Veatch in the estimated amount of $800,000 for work and asset management program implementation services of Cityworks in the CDOT. § SWS is seeking to amend the Black and Veatch master services contract to proceed to the next phase of SWS’ Cityworks implementation. § Contract amendment #1 is estimated at $200,000 and is within the original budget for the Solid Waste Services Work and Asset Management project. The amendment provides additional professional services required for implementation, systems integration, and training services associated with Cityworks. § New and enhanced functionality of this phase and contract amendment include: - Improved service delivery and tracking capabilities; - Support for preventative maintenance activities; - Field automation of work order and inventory control processes; - Better assessment of asset condition and operation life; and - More reliable information for prioritizing maintenance, repair, and overhaul activities. § Including contract amendment #1, the new contract is estimated at $1,000,000. § Additional services may be required as Cityworks’ usage is extended within the City. Charlotte Business INClusion No subcontracting goal was established for this amendment because there are no subcontracting opportunities (Part C: Section 2.1(a) of the Charlotte Business INClusion Policy). Fiscal Note Funding: Solid Waste Services Operating Budget City of Charlotte Page 34 Printed on 12/8/2016 City Council Business Meeting Meeting Agenda December 12, 2016 29. Charlotte Water Sewer Line Equipment Contracts Action: A. Approve the purchase of sewer line equipment, as authorized by the sole source exemption of G.S. 143-129 (e)(6), B. Approve unit price contracts with Public Works Equipment & Supply Inc., Jet Vac Equipment Co., LLC., and Griffin Sales Inc. for the purchase and repair of sewer line equipment for the term of three years, and C. Authorize the City Manager to renew the contract for up to two, one-year terms with possible price adjustments and to amend the contract consistent with the City’s business needs and the purpose for which the contract was approved. Staff Resource(s): Angela Lee, Charlotte Water Sole Source Exemption § General Statute 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 for compatibility with existing equipment. § The City Council must approve purchases made under the sole source exception. Explanation § Charlotte Water inspects approximately 200 miles of sewer line per year. Sewer line cameras allow staff to inspect these lines from the inside with visual footage and help prevent sewer overflows. § The cameras document footage before and after cleanings, help assess the condition of the pipe, and understand hazards (i.e. identify collapses, protruding taps, and root balls). § Occasionally, the equipment requires the repair or replacement of components, such as cleaning nozzles, hoses, cables, and camera parts. § The contracts will allow the purchase of sewer cameras, jet cameras, replacement parts, and repair service. § The collective estimated expenditure for all contracts is $350,000 per year. Charlotte Business INClusion This is a sole source contract and is exempt (Part A: Appendix 27 of the Charlotte Business INClusion Policy). Fiscal Note Funding: Charlotte Water Operating Budget City of Charlotte Page 35 Printed on 12/8/2016 City Council Business Meeting Meeting Agenda December 12, 2016 30. McAlpine Creek Wastewater Treatment Plant Project Construction Advisory Services Action: Approve a professional services contract with Black & Veatch International Company in the amount of $4,573,998 to provide Owner’s Advisor Services for the McAlpine Creek Wastewater Treatment Plant Clarifier and Aeration Rehabilitation 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 Clarifier and Aeration Rehabilitation project is a multi-year, five phase project, to replace or rehabilitate the systems as necessary to provide safe discharge and ensure permit compliance. § The estimated total construction cost for this project is $70 million. Therefore, it will be constructed in five phases, over a span of five to six years. § On July 11, 2016 the City issued a Request for Qualifications (RFQ) for Owner’s Advisor Services for the Clarifier and Aeration Rehabilitation Project. In response to the RFQ, the City received two proposals from interested professional service providers. § The Project Team, consisting of staff from Charlotte Water, evaluated each teams’ qualifications and determined that Black & Veatch International Company 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. § Black & Veatch International Company was selected to serve as Charlotte Water’s Owner’s Advisor through all phases of the Project. Services to be provided include assisting Charlotte Water through the procurement phase, participating in design workshops and Guaranteed Maximum Price negotiations, and construction administration and inspection activities. Background § In 2015 Charlotte Water completed evaluations of the McAlpine Creek WWTP Clarifiers and Aeration System. The evaluations document in detail the condition of these systems, parts of which have been in service since the late 1960s and are past their useful lives. § Due to the complex nature of the Project in a critical area of the WWTP, the Progressive Design-Build delivery method has been chosen as the project delivery method. This approach allows for the selection of a Design-Build team best qualified to perform work of this type. Therefore, several additional contracts associated with the Project will be presented to Council at a later date: - Design-Build Team Preconstruction Services, anticipated to be presented to Council in Summer 2017. - Design-Build Team Guaranteed Maximum Price for each of the anticipated five phases of the project, anticipated to be presented to Council in Spring 2018 for the first phase. 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). Black and Veatch International Company has committed 3.06% ($140,000) of the total contract amount to the following certified firm: · Joel E. Wood & Associates, LLC (SBE) ($100,000) (geotechnical) · The Survey Company, Inc. (SBE) (30,000) (surveying) · Avioimage Mapping Services, Inc. (SBE) ($10,000) (aerial topography) City of Charlotte Page 36 Printed on 12/8/2016 City Council Business Meeting Meeting Agenda December 12, 2016 The nature of this work does not lend itself to high subcontracting opportunities. However, the Charlotte Water project team will re-assess potential MWSBE utilization as each phase of the project progresses. In addition, Charlotte Water anticipates greater opportunities for MWSBE utilization during each of the five construction phases of this project. Fiscal Note Funding: Charlotte Water Community Investment Plan Attachment Map McAlpine Creek WWTP Map City of Charlotte Page 37 Printed on 12/8/2016 City Council Business Meeting Meeting Agenda December 12, 2016 31. Four Mile Creek Tributary to McKee Road Sanitary Sewer Improvements Engineering Services Action: Approve a contract in the amount of $312,690 with Merrick & Company for professional engineering design services for the Four Mile Creek Tributary to McKee Road Sanitary Sewer Improvements project. Staff Resource(s): Carl Wilson, Charlotte Water Explanation § The Four Mile Creek Tributary to McKee Road gravity sewer serves residences and businesses located along the Interstate-485 corridor between Weddington Road, Pleasant Plains Road, and McKee Road in Matthews. § The area serviced by this gravity sewer line is experiencing a high rate of infill development and changes in land use since the original line was designed in the 1980s. § Portions of the gravity sewer are approximately 30 years old and cannot accommodate projected growth within the service area. § In order to address capacity concerns, the project includes the replacement of approximately 4,300 linear feet of 15 and 8-inch diameter gravity sewer, including a segment of gravity sewer underneath I-485. § 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 Four Mile Creek Tributary to McKee Road Sanitary Sewer Improvements was one of the five projects listed in the RFQ. § The Project Team, consisting of staff from Charlotte Water, evaluated the proposals and determined that Merrick & Company 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. § At this time, Merrick & Company will perform preliminary design services, sanitary sewer evaluation surveys, develop construction documents, prepare easement plats, submit permitting packages, and provide bid phase services for the replacement of the Four Mile Creek Tributary to McKee Road gravity sewer. § Once the engineering design services are complete for the project, staff will bring forth a contract to the City Council for construction administration services in Summer 2018. § This phase of the project is anticipated to be completed by the end of 2018. 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). Merrick & Company has committed 28.07% ($87,771.80) of the total contract amount to the following certified firm(s): · Hinde Engineering, Inc. (SBE) ($17,440) (permitting) · Gavel & Dorn Engineering, PLLC (SBE) ($15,950) (flow monitoring) · Carolina Wetland Services, Inc. (SBE, WBE) ($14,849.80) (wetlands delineation) · Toughwater Fishburne Pipeline Management & Engineering (SBE) ($13,200) (field services) · Boyle Consulting Engineers (SBE) ($12,557) (geotechnical) · Avioimage Mapping Services, Inc. (SBE) ($8,000) (aerial topography) · Spot’em, Inc. (MBE) ($5,775) (utility locating and soft digs) Fiscal Note Funding: Charlotte Water Community Investment Plan City of Charlotte Page 38 Printed on 12/8/2016 City Council Business Meeting Meeting Agenda December 12, 2016 Attachment Map RCA Map City of Charlotte Page 39 Printed on 12/8/2016 City Council Business Meeting Meeting Agenda December 12, 2016 32. Little Sugar Creek Tributary to Fairview Road Sanitary Sewer Improvements Professional Engineering Services Action: Approve a contract in the amount of $330,500 with STV Engineers, Inc. for professional engineering design services for the Little Sugar Creek Tributary to Fairview Road Sanitary Sewer Improvements project. Staff Resource(s): Carl Wilson, Charlotte Water Explanation § The Little Sugar Creek Tributary to Fairview Road gravity sewer line parallels Tyvola Road and Fairview Road, on the south, from Piedmont Row Drive to the Lower Sugar Creek Gravity Sewer Outfall in Park Road Park. This gravity sewer line serves homes and businesses located in the SouthPark area of Charlotte. § The area serviced by this gravity sewer line has seen a high rate of infill development and changes in land use since it was designed and constructed in the 1960s. § The projected sewer flows from the proposed redevelopment of the site indicates that additional sewer capacity is required in the Little Sugar Creek Tributary to Fairview Road gravity sewer line. § In order to address capacity concerns, the project includes the replacement of approximately 6,000 linear feet of 12-, 10-, and 8-inch diameter gravity sewer. § 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 Little Sugar Creek Tributary to Fairview Road Sanitary Sewer Improvements was one of the five projects listed in the RFQ. § The Project Team, consisting of staff from Charlotte Water, evaluated the proposals and determined that STV Engineers, 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. § At this time, STV Engineers, Inc. will perform preliminary design services, develop construction documents, prepare easement plats, submit permitting packages, and provide bid phase services for the replacement of the Little Sugar Creek Tributary to Fairview Road gravity sewer. § Once the engineering design services are complete for the project, staff will bring forth a contract to the City Council for construction administration services in Summer 2018. § This phase of the project is anticipated to be completed by the end of 2018. Background § On November 28, 2016, the City Council: - Approved a five-year reimbursable contract with Barclay Properties of Southpark, LLC. to pay for the design and construction of the Little Sugar Creek Tributary to Fairview Road Sanitary Sewer Improvements project, and, - Approved a budget ordinance appropriating $350,000 from Barclay Properties of Southpark, LLC. for Fiscal Year 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). STV Engineers, Inc. has committed 9.82% ($32,455.63) of the total contract amount to the following certified firm(s): · Hinde Engineering, Inc. (SBE) ($18,655.63) (utility coordination) · Avioimage Mapping Services, Inc. (SBE) ($10,300) (aerial topography) · AmeriDrill (SBE, MBE) ($3,500) (geotechnical) City of Charlotte Page 40 Printed on 12/8/2016 City Council Business Meeting Meeting Agenda December 12, 2016 Fiscal Note Funding: Charlotte Water Community Investment Plan Attachment Map RCA Map City of Charlotte Page 41 Printed on 12/8/2016 City Council Business Meeting Meeting Agenda December 12, 2016 33. Water Service Relocation and Water Main Abandonment Action: A. Award a contract in the amount of $1,699,291 to the lowest responsive bidder Atlantic Coast Contractors, Inc. for water service relocations and water main abandonments, and B. Authorize the City Manager to renew the contract for up to two 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): Carl Wilson, Charlotte Water Explanation § Charlotte Water maintains approximately 4,200 miles of water lines and over 262,600 water connections. § A number of streets, especially in the older parts of the system, have more than one water line in service because parallel lines have been constructed to increase capacity. As the oldest lines reach the end of their service life, the connections to these lines need to be relocated to the newer lines. Abandoning the older lines also reduces the potential for leaks and improves water quality for the customer. § This contract targets infrastructure and areas in the distribution system with the highest failure rates to be proactive in reducing the number of unplanned repairs. § The contract will provide 3/4-inch and one-inch water service relocations and associated water main abandonments. It will also provide the capacity to replace out-of-standard and leak prone water services in areas that were served by private water companies prior to purchase by Charlotte Water. § The contract also includes a licensed plumbing company to address work on private property related to water service relocations where needed. § The contract amount is based on the unit prices competitively bid for items typically used during water service relocations and water main abandonments. § On October 6, 2016, Charlotte Water issued an Invitation to Bid for this project; two bids were received from interested service providers. - In accordance to North Carolina General Statute 143-132, if three bids are not received from reputable and qualified contractors, the project must be re-advertised and the contract may then be let to the lowest responsible bidder even though only one bid is received. - The project was re-advertised on November 3, 2016; two bids were received from interested service providers. § Charlotte Water selected Atlantic Coast Contractors, Inc. as the lowest responsive, responsible bidder. § The contract gives the City the option to renew for two additional terms with price adjustments based on the Construction Cost Index. Charlotte Business INClusion Established SBE Goal: 7% Committed SBE Goal: 10.36% Established MBE Goal: 2% Committed MBE Goal: 2.12% Atlantic Coast Contractors, Inc. exceeded the established subcontracting goal and has committed 10.36% ($176,000) of the total contract amount to the following certified firms (Part B: Section 3 of the Charlotte Business INClusion Policy): · Piedmont Underground (SBE) ($140,000) (utility construction) · Jones Grading and Fencing, Inc. (SBE, MBE) ($34,000) (fencing, hauling, concrete) City of Charlotte Page 42 Printed on 12/8/2016 City Council Business Meeting Meeting Agenda December 12, 2016 · Shipp’s Fire Equipment (SBE, MBE) ($2,000) (backflow certification) Fiscal Note Funding: Charlotte Water Community Investment Plan 34. Water and Sewer Main Installations (Fiscal Year 2017) Action: A. Award a contract in the amount of $3,427,591.75 to the lowest responsive bidder Dallas 1 Construction, LLC for Water and Sewer Main Installations (Fiscal Year 2017), for new construction or replacement of water and sewer mains, improvements to existing sewer mains, and to improve hydraulic capacity throughout the Charlotte Water service area, and B. Authorize the City Manager to renew the contract for up to two 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): Carl Wilson, Charlotte Water Explanation § Charlotte Water uses contractors to install water and sewer main extensions and replacements. Contractors are also utilized to provide improvements to existing sewer mains to improve hydraulic capacity. This contract will provide for all of these services. § This contract consists of an undetermined number of additional individual projects consisting of water main extensions/replacements, sanitary sewer main extensions/replacements, and combined water and sewer main extensions/replacements, which will be assigned by the Engineer as needed. § Bids are unit price and based on estimated quantities for items needed for these tasks. § On October 24, 2016, the City issued an Invitation to Bid for FY17 Water and Sewer Main Installations; two bids were received from interested service providers. - In accordance to North Carolina General Statute 143-132, if three bids are not received from reputable and qualified contractors, the project must be re-advertised and the contract may then be let to the lowest responsible bidder even though only one bid is received. - The project was re-advertised on November 17, 2016; three bids were received from interested service providers. - Dallas 1 Construction, LLC was selected as the lowest responsive, responsible bidder. § The contract gives the City the option to renew for two additional terms with a price adjustment based on the Construction Cost Index. Charlotte Business INClusion Established SBE Goal: 7% Committed SBE Goal: 7.03% Dallas 1 Construction LLC met the established subcontracting goal and has committed 7.03% ($240,000) of the total contract amount, less a $15,000 Temporary Stream Crossing Allowance, to the following certified firms (Part B: Section 3 of the Charlotte Business INClusion Policy): · Barton Contracting (SBE) ($239,500) (asphalt paving) · MTC Consultants (SBE) ($500) (backflow testing) Fiscal Note Funding: Charlotte Water Community Investment Plan City of Charlotte Page 43 Printed on 12/8/2016 City Council Business Meeting Meeting Agenda December 12, 2016 35. Standby Power and Electrical Improvements at the Lee S. Dukes Water Treatment Plant Action: Award a contract in the amount of $1,206,450 to the lowest responsive bidder Wharton-Smith, Inc. for the transport and installation of a City-owned generator to the Lee S. Dukes Water Treatment Plant, and appropriate interconnections to the plant’s electrical control system. Staff Resource(s): Carl Wilson, Charlotte Water Explanation § Charlotte Water owns and maintains three water treatment plants in Mecklenburg County. The Lee S. Dukes Water Treatment Plant (WTP) is in Huntersville. § This project will move an existing 900 kilowatt Caterpillar generator from a decommissioned lift station to be used as a redundant power source at the Lee S. Dukes WTP. § This contract will provide for the relocation of this generator to the Lee S. Dukes WTP, and interconnection into the WTP’s electrical control system. § On October 24, 2016, the City issued an Invitation to Bid for Standby Power and Electrical Improvements at the Lee S. Dukes WTP; one bid was received from interested service providers. - In accordance to North Carolina General Statute 143-132, if three bids are not received from reputable and qualified contractors, the project must be re-advertised and the contract may then be let to the lowest responsible bidder even though only one bid is received. - The project was re-advertised on November 17, 2016; four bids were received from interested service providers. - Wharton-Smith, Inc. was selected as the lowest responsive, responsible bidder. § The project is anticipated to be complete by summer 2017. Charlotte Business INClusion Established SBE Goal: 4.00% Committed SBE Goal: 0.00% Wharton-Smith, Inc. failed to meet the established subcontracting goal, but earned the minimum Good Faith Efforts (Part B: Section 5 of the Charlotte Business INClusion Policy). The majority of cost is for labor and materials required for installation, resulting in limited opportunities to subcontract with SBEs. A further detailed write-up of Wharton-Smith, Inc. Good Faith Efforts is included as an attachment. Fiscal Note Funding: Charlotte Water Community Investment Plan Attachment Map Good Faith Effort Summary Lee S. Dukes WTP Map GFE SummaryAttachment-LeeDukesWTPStandbyPower&ElectricalImprovements449-14-003 City of Charlotte Page 44 Printed on 12/8/2016 City Council Business Meeting Meeting Agenda December 12, 2016 36. Airport Schindler Elevator Corporation Contract Amendment Action: Approve contract amendment #6 in an amount not-to-exceed of $2,019,307 to Schindler Elevator Corporation for modernization of four moving walkways serving Concourses B and C, and a Terminal elevator, and all associated ongoing maintenance. Staff Resource(s): Jack Christine, Aviation Explanation § Schindler Elevator Corporation provides labor and parts related to the maintenance of 93 elevators, escalators, and moving walkway systems located at the Airport. § Four moving walkways serving Concourses B and C and one Terminal elevator need to be modernized to meet code requirements, improve dependability, and enhance safety. § Contract amendment #6 in the amount of $2,019,307 will provide funds to modernize and enhance safety of moving walkways serving B and C concourse and Terminal elevator #6. § The equipment at the Airport experiences high traffic therefore reliability and safety are important to ensure efficient movement of passengers through the Terminal. § The new total value of this contract, including amendments, is $11,509,301.60. Background § On June 10, 2013, City Council approved a maintenance service contract with Schindler for a five year term, with two renewal years. During the first year and a half, the total spend was $842,220. § In October 2013, the City Manager approved contract amendment #1 for an administrative change to allow quarterly billing occurrences. § In January 2014, the City Manager approved contract amendment #2 to procure an inventory of spare handrails for the escalators and moving walks in the amount of $91,152.83. § On May 27, 2014, the City Council approved contract amendment #3 to refurbish two terminal escalators in the amount of $404,041. § On January 26, 2015, the City Council approved contract amendment #4 for $6,964,885.78. This amendment provided funds for the maintenance of 17 new escalators and elevators being placed into service. Amendment #4 also provided for major infrastructure modernization, which included three elevators, two moving walkways, and two escalators. § On September 28, 2015, the City Council approved contract amendment #5 for $1,187,695 to complete modernization and electronic upgrades on two moving walkways located in the Terminal atrium. Charlotte Business INClusion No subcontracting goal was established for this amendment because there are no subcontracting opportunities (Part D: Section 6 of the Charlotte Business INClusion Policy). Fiscal Note Funding: Aviation Community Investment Plan City of Charlotte Page 45 Printed on 12/8/2016 City Council Business Meeting Meeting Agenda December 12, 2016 37. Airport Information Display System Maintenance and Support Services Contract Amendment #3 Action: A. Approve contract amendment #3 with Signature Technologies, Inc. d/b/a ComNet for maintenance of the Airport’s information display system for a term of six months, and B. Authorize the City Manager to renew the contract for two additional, six-month 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): Brent Cagle, Aviation Explanation § The Airport uses information display monitors throughout the Terminal to communicate airline operational information to passengers and airport personnel. These monitors include flight information displays, baggage information displays, and visual paging for Americans with Disabilities Act compliance. § In 2003, the Airport selected Signature Technologies, Inc. as a sole source provider to provide proprietary parts, software, and maintenance for these operational displays. § On January 13, 2014, the City council approved a three-year extension to the maintenance agreement, which expires at the end of December 2016. § A waiver of competitive solicitation was granted for the contract extension in order to incorporate changes to the information display system that will result from Aviation’s newly implemented gate management program. § The Airport will issue a Request for Proposal for these services in 2017 that will include the gate management program requirements. § Estimated contract expenditures for the contract extension are $112,500 for six months of service. 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 46 Printed on 12/8/2016 City Council Business Meeting Meeting Agenda December 12, 2016 38. Airport ATM Agreement Action: A. Approve a three-year agreement with Bank of America to operate all ATM locations at the Airport, and B. Authorize the City Manager to extend the agreement 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): Brent Cagle, Aviation Explanation § On November 14, 2011, the City Council approved an agreement with Bank of America to service all the ATM locations at the Airport. - The current agreement is scheduled to expire on December 31, 2016. § On September 27, 2016, the Airport issued a Request for Proposals (RFP) for companies to operate 14 ATM locations at the Airport with two different options for proposing: - Location Method: Companies could propose on one or multiple ATM locations in the Terminal. Each proposal was composed of a set monthly flat fee with a proposed per transaction fee. - Exclusive Method: Companies could propose on exclusive rights to all ATM locations in the Terminal. Each proposal was composed of a set annual flat fee with a proposed per transaction fee. § The Airport received proposals from two interested service providers. § Aviation evaluated the proposals and selected Bank of America as the provider to best meet the City’s needs. Bank of America’s proposal projected the highest revenue to the Airport while providing the most flexibility to meet changing passenger needs and accommodate Airport expansion. § Under this agreement, Bank of America will pay an annual flat fee of $1,596,000 and $.75 per transaction fee. The transaction fee revenues are estimated at $318,750 per year for a total estimated annual amount of $1,914,750. Airport Concessions Disadvantaged Business Enterprise No subcontracting goal was established because there are no subcontracting opportunities. Fiscal Note Funding: Revenue from this lease will be deposited in the Aviation Operating Fund. City of Charlotte Page 47 Printed on 12/8/2016 City Council Business Meeting Meeting Agenda December 12, 2016 39. Airport Cargo Facility Lease Action: A. Approve a five-year lease agreement with United Parcel Service, Inc. for cargo facility space, and B. Authorize the City Manager to approve two additional, five-year terms and a month to month renewal option at the end of the term consistent with the City’s business needs and the purpose for which the contract was approved. Staff Resource(s): Brent Cagle, Aviation Explanation § In August 1995, the Airport entered into a 10-year cargo facility lease with United Parcel Service, Inc. (UPS). The lease included two optional, five-year renewal terms. § UPS operates an air-to-ground cargo operation at Charlotte Douglas International Airport enabling expedient delivery of parcels to and from the Charlotte region. § UPS requested that the Airport enter into a new five-year lease to commence on January 1, 2017. § Aviation conducted an appraisal of the property and determined the fair market value of the facility. § The total value of this lease over the five year term is estimated at $901,600, including ramp space and hangar rental. Airport service facility costs vary yearly and will be in addition to the rental rates as part of the lease agreement. Fiscal Note Funding: Revenue from this lease will be deposited in the Aviation Operating Fund. City of Charlotte Page 48 Printed on 12/8/2016 City Council Business Meeting Meeting Agenda December 12, 2016 40. Blue Line Extension Landscape Installation Contracts Action: Award two contracts to the same lowest responsive bidder, Champion Landscapes, Inc. for Landscape Installation as part of the Blue Line Extension project: - $282,345.80 for Segment A, and - $151,067.40 for University City Boulevard and J. W. Clay Boulevard Parking Garages. Staff Resource(s): Jill Brim, CATS Kourtnie Vincent, Engineering & Property Management Explanation § The contracts provide landscape installation services and warranty of the plant material in Segment A, and the University City Boulevard, and JW Clay Boulevard Parking Garages as part of the LYNX Blue Line Extension light rail project. § Work on Segment A will consist of two phases. - Phase 1 will include planting trees, shrubs, ornamental grasses, perennials, groundcover and bulbs in planting areas from 7th Street to Eastway Drive beginning in February 2017. - Phase 2 will include planting of trees, shrubs, and ornamental grasses at the 36th Street station beginning in October 2017. § Work on the University City Boulevard and J. W. Clay Boulevard Parking Garages will consist of planting trees, shrubs, and groundcover in planting areas beginning in January 2017. § On October 18, 2016, the City issued Invitations to Bid (ITBs) for landscape installation services for Segment A, the University City Boulevard and J. W. Clay Boulevard Parking Garages. In response to the ITBs, the City received one bid for Segment A and two bids for the Parking Garages from interested service providers. § Champion Landscapes, Inc. was selected as the lowest responsive, responsible bidder. § The contracts are the last of the BLE Landscaping prime contracts with an anticipated completion of fall 2018. Background § Due to the quantity of plant material required, previous contracts were approved for plant growing services to ensure that an adequate number of plants were available for the BLE project. The plant growing contracts were approved by City Council on July 15, 2015. These plants will be provided to the installation contractors. § On September 26, 2016, the City Council awarded Segment B, Segment C, and Old Concord Road Park and Ride Lot Landscaping contracts to Champion Landscapes, Inc. Disadvantage Business Enterprise DBE participation goal was set for this contract pursuant to the City’s federally required and approved DBE program. Established DBE goal: 4.5% Committed DBE goal are as follows: Segment A Champion Landscapes, Inc. has committed 7.4% ($21,000) of the total contract amount for Segment A in the following certified DBE firms: Grants Creek Nursery University City Boulevard and J.W. Clay Boulevard Parking Garages Champion Landscapes, Inc. has committed 7.6% ($11,500) of the total contract amount for University City Boulevard and J.W. Clay Boulevard Parking Garages in the following certified DBE firms: Grants Creek City of Charlotte Page 49 Printed on 12/8/2016 City Council Business Meeting Meeting Agenda December 12, 2016 Nursery Fiscal Note Funding: Transit Community Investment Plan City of Charlotte Page 50 Printed on 12/8/2016 City Council Business Meeting Meeting Agenda December 12, 2016 41. CATS Express Bus Service Agreements Action: A. Authorize the City Manager to negotiate and execute an agreement with Sugar Creek LLC to compensate the City for additional operating costs of up to $288,430 on CATS I-77 express services resulting from Sugar Creek’s closing of the High Occupancy Vehicle (HOV) lanes during construction, B. Authorize the City Manager to negotiate and execute a municipal agreement with North Carolina Department of Transportation (NCDOT) to receive $1,374,000 to operate additional express bus service in the I-77 corridor as a mitigation to congestion during the construction of the I-77 Express Lanes Project, and C. Adopt a budget ordinance appropriating $1,374,000 from the North Carolina Department of Transportation to the CATS Operating Budget. Staff Resource(s): David McDonald, CATS Larry Kopf, CATS Explanation § Construction of the I-77 Express Lane Project, extending from the NC-16/Brookshire Freeway interchange to NC-150 in Mooresville, is now underway. § The High Occupancy Vehicle (HOV) lanes on I-77 will be closed beginning in December 2016 to facilitate construction of the Express Lanes that are scheduled to open by January 2019 between Uptown Charlotte and Mooresville, North Carolina. § Closure of the HOV lanes will impact all traffic, including CATS existing express services, resulting in longer run times for buses and additional costs. Action A (Existing Bus Service) § Action A will provide funding from Sugar Creek, LLC to compensate CATS for the additional service hours and cost impacts to the existing express bus services in the I-77 corridor due to the closure of the HOV lanes and the added congestion in the corridor. § Sugar Creek, LLC is the contractor that is performing the work on the I-77 Express Lanes Project for NCDOT. § Sugar Creek, LLC is required by its contract with NCDOT to mitigate the effects of closing the HOV lanes. As part of this mitigation, it will compensate CATS for the additional operating costs associated with the longer travel times for existing express bus routes in the corridor due to the increased congestion and the lost use of the HOV lanes. § CATS is negotiating an agreement with Sugar Creek, LLC for up to $288,430 as a mitigation measure while the HOV lanes are closed for construction. Action B (New Bus Service) § Action B will provide funding from NCDOT to CATS to provide additional express bus trips in the corridor during construction and to conduct public outreach and promote these services and other travel demand management technics during construction to mitigate the congestion of construction for the general public. § The construction of the I-77 Express Lanes Project will cause increased traffic congestion and delays to I-77 during the construction. § NCDOT is proposing to increase CATS service and to promote public outreach in the corridor to mitigate the traffic congestion during construction of the I-77 Express Lanes Project between Uptown Charlotte and Mooresville, North Carolina. § NCDOT will reimburse CATS for the costs of operating and marketing additional express services in the corridor in the amount of $1,374,000 over the next three years. City of Charlotte Page 51 Printed on 12/8/2016 City Council Business Meeting Meeting Agenda December 12, 2016 § The funding from NCDOT will result in 15 new peak trips on routes 48X Huntersville Express, 53X Northlake Express and 77X North Mecklenburg Express. § By improving service frequency and marketing existing and new bus trips, CATS estimates that three thousand cars will be removed from the interstate each day resulting in reduced congestion, improved air quality and a convenient alternative to driving I-77 for peak work trips. Charlotte Business INClusion This is a Municipal Agreement contract and is exempt (Part A, Appendix 1.27 of the Charlotte Business INClusion Policy). Fiscal Note Funding: The agreements will provide funding to the CATS Operating Budget. Attachment Budget Ordinance Budget Ordinance_Express Bus Service Agreements 42. Budget & Performance Management Software Migration Action: Approve a contract in the not-to-exceed amount of $250,000 with Obero, Inc. for the software migration from IBM Clarity to IBM TM1 for the City’s Budget and Performance Management System. Staff Resource(s): David North, Innovation & Technology Eric Hershberger, Management & Financial Services Explanation § IBM’s Clarity product is the City’s current budget and performance management system, which allows the City to produce and monitor the operating and capital budgets and performance measures. § Clarity is becoming a legacy product and IBM will discontinue support for the product within the next few years. § The City has selected IBM’s TM1 as the replacement software program for budget and performance management, as it meets the immediate needs of the organization without purchasing a new software solution. - On July 27, 2015, the City Council approved a Dual Entitlement Renewal Program with Obero, Inc., for the software maintenance and subscription agreement to allow the City dual entitlement on the software licenses for both Clarity and TM1. - The dual entitlement agreement provides a reduced migration option that the City may migrate to TM1 from Clarity without purchasing a new solution. This option enables the City to avoid a lengthy procurement process, payment of new software licenses, and the implementation of a new software solution. § Under the contract referenced in the action item, Obero, Inc. will migrate the current Clarity platform to the TM1 software program. § As an IBM partner, Obero, Inc. has performed over twenty successful software migrations of Clarity to TM1. § The City has contracted with Obero, Inc. for the past three years for software support pertaining to the City’s budget and performance management system. Fiscal Note Funding: Technology Capital Investments City of Charlotte Page 52 Printed on 12/8/2016 City Council Business Meeting Meeting Agenda December 12, 2016 43. Refund of Property Taxes Action: Adopt a resolution authorizing the refund of property taxes assessed through clerical or assessor error in the amount of $14,135.98. Staff Resource(s): Robert Campbell, 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 November 28, 2016 totaled $5,427.30. Attachment Taxpayers and Refunds Requested Resolution List of Taxpayers and Refunds Requested Resolution 44. Resolution of Intent to Abandon a Portion of W. Palmer Street, Penman Street, and an Alleyway off of W. Palmer Street Action: A. Adopt a Resolution of Intent to abandon portions of W. Palmer Street, Penman Street, and an alleyway off of W. Palmer Street, and B. Set a public hearing date for January 9, 2017. Staff Resource(s): Jeff Boenisch, Transportation Explanation § A Portion of W. Palmer Street, Penman Street, and an alleyway off of W. Palmer Street are located in Council district 3. Attachment Map Resolution Council Map_Palmer_Penman_alleyway off of Palmer Resolution of Intent Palmer Penman and Alleyway City of Charlotte Page 53 Printed on 12/8/2016 City Council Business Meeting Meeting Agenda December 12, 2016 PROPERTY TRANSACTIONS 45. Property Transactions - Briar Creek Relief Sewer Phase III, Parcel #33.1 Action: Approve the following Acquisition: Briar Creek Relief Sewer Phase III, Parcel #33.1 Project: Briar Creek Relief Sewer Phase III, Parcel #33.1 Owner(s): 3217 Shamrock, LLC Property Address: 3217 Shamrock Drive Total Parcel Area: 1,071,486 sq. ft. (24.598 ac.) Property to be acquired by Easements: 14,444 sq. ft. (.332 ac.) in Utility Easement Structures/Improvements to be impacted: None Landscaping to be impacted: Trees and various plantings Zoned: R-17MF Use: Multi-family Tax Code: 099-063-45 Purchase Price: $21,675 Council District: 5 46. Property Transactions - Michael Baker Bridge Replacement, Parcel #1 Action: Approve the following Acquisition: Michael Baker Bridge Replacement, Parcel #1 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: Michael Baker Bridge Replacement, Parcel #1 Owner(s): James Kevin Turnage, Jr. and Lisa Marie Turnage Property Address: 3157 Fairfax Drive Total Parcel Area: 30,703 sq. ft. (.705 ac.) Property to be acquired by Easements: 5,523 sq. ft. (.127 ac.) in Storm Drainage Easement Structures/Improvements to be impacted: None Landscaping to be impacted: Trees and various plantings Zoned: R-3 Use: Single-family Residential Tax Code: 175-097-06 Purchase Price: $14,229 Council District: 6 City of Charlotte Page 54 Printed on 12/8/2016 City Council Business Meeting Meeting Agenda December 12, 2016 47. Property Transactions - Michael Baker Bridge Replacement, Parcel #3 Action: Approve the following Acquisition: Michael Baker Bridge Replacement, 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: Michael Baker Bridge Replacement, Parcel #3 Owner(s): SNH SE Properties Trust Property Address: 2101 Runnymede Lane Total Parcel Area: 464,322 sq. ft. (10.659 ac.) Property to be acquired by Easements: 1,449 sq. ft. (.033 ac.) in Storm Drainage Easement and Utility Easement, plus 8,486 sq. ft. (.195 ac.) in Miscellaneous Easement Structures/Improvements to be impacted: Fence Landscaping to be impacted: None Zoned: INST(CD) Use: Home for the aged Tax Code: 175-102-30 Purchase Price: $17,150 Council District: 6 48. Property Transactions - Grier Heights Sidewalk, Parcel #11 Action: Approve the following Condemnation: Grier Heights Sidewalk, Parcel #11 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 U.S. Department of Housing and Urban Development reimbursement. Project: Grier Heights Sidewalk, Parcel #11 Owner(s): Elbie Dewitt Wallace, Jr. and Anoinette Wallace Property Address: 336 Orange Street Total Parcel Area: 7,000 sq. ft. (.161 ac.) Property to be acquired by Easements: 366 sq. ft. (.008 ac.) in Sidewalk and Utility Easement, plus 724 sq. ft. (.017 ac.) in Temporary Construction Easement Structures/Improvements to be impacted: None Landscaping to be impacted: Trees and various plantings Zoned: R-5 Use: Single-family residential Tax Code: 157-012-39 Appraised Value: $2,175 Property Owner’s Counteroffer: $2,500 Recommendation: To obtain clear title and avoid delay in the project schedule, staff recommends proceeding to condemnation. Council District: 1 City of Charlotte Page 55 Printed on 12/8/2016 City Council Business Meeting Meeting Agenda December 12, 2016 49. Property Transactions - Grier Heights Sidewalk, Parcel #24 Action: Approve the following Condemnation: Grier Heights Sidewalk, Parcel #24 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 U.S. Department of Housing and Urban Development reimbursement. Project: Grier Heights Sidewalk, Parcel #24 Owner(s): Kaitlin Littlejohn Property Address: 401 Heflin Street Total Parcel Area: 6,189 sq. ft. (.142 ac.) Property to be acquired by Easements: 539 sq. ft. (.012 ac.) in Temporary Construction Easement Structures/Improvements to be impacted: None Landscaping to be impacted: Tree Zoned: R-22MF Use: Multi-family Tax Code: 157-012-91 Appraised Value: $850 Property Owner’s Concerns: The property owner is concerned with the loss of their tree and are contacting a landscaper to determine the value. City’s Response to Property Owner’s Concerns: Staff informed the property owner that the tree will not be removed and will be protected during construction. Recommendation: To avoid delay in the project schedule, staff recommends proceeding to condemnation during which time negotiations can continue, mediation is available and if necessary, just compensation can be determined by the court. Council District: 1 City of Charlotte Page 56 Printed on 12/8/2016 City Council Business Meeting Meeting Agenda December 12, 2016 50. Property Transactions - Grier Heights Sidewalk, Parcel #25 Action: Approve the following Condemnation: Grier Heights Sidewalk, Parcel #25 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 U.S. Department of Housing and Urban Development reimbursement. Project: Grier Heights Sidewalk, Parcel #25 Owner(s): Blake K. Rhyne Property Address: 321 Heflin Street Total Parcel Area: 5,905 sq. ft. (.136 ac.) Property to be acquired by Easements: 410 sq. ft. (.009 ac.) in Temporary Construction Easement Structures/Improvements to be impacted: None Landscaping to be impacted: None Zoned: R-15 Use: Multi-family Tax Code: 157-012-35 Appraised Value: $700 Property Owner’s Counteroffer: $900 Property Owner’s Concerns: Property owner does not agree with the compensation amount being offered and with a tree that will be removed during construction. City’s Response to Property Owner’s Concerns: Staff explained that the tree will be protected during construction and suggested for the owner to submit a counter offer, with justification for review. Recommendation: To avoid delay in the project schedule, staff recommends proceeding to condemnation during which time negotiations can continue, mediation is available and if necessary, just compensation can be determined by the court. Council District: 1 Adjournment City of Charlotte Page 57 Printed on 12/8/2016 City Council Business Meeting Meeting Agenda December 12, 2016 51. 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 58 Printed on 12/8/2016 City Council Business Meeting Meeting Agenda December 12, 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 59 Printed on 12/8/2016 City Council Business Meeting Meeting Agenda December 12, 2016 52. 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 60 Printed on 12/8/2016 City Council Business Meeting Meeting Agenda December 12, 2016 53. 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 61 Printed on 12/8/2016