City Council Business Meeting

City of Charlotte Charlotte-Mecklenburg Government Center 600 East 4th Street Charlotte, NC 28202 Meeting Agenda Monday, October 26, 2015 Council Chambers City Council Business Meeting Mayor Daniel Clodfelter Mayor Pro Tem Michael Barnes Council Member Al Austin Council Member John Autry Council Member Ed Driggs Council Member Claire Fallon Council Member David Howard Council Member Patsy Kinsey Council Member Vi Lyles Council Member LaWana Mayfield Council Member Greg Phipps Council Member Kenny Smith City Council Business Meeting Meeting Agenda October 26, 2015 CITY COUNCIL MEETING Monday, October 26, 2015 In addition to the previously advertised public hearing items, Departments have asked that the time sensitive items listed below not be deferred. Item# Title 31 Traffic Control Devices 43 CATS Blue Line Extension Contract 12: North Yard Building 44 Blue Line Extension Track and Systems Change Order City of Charlotte Page 2 Printed on 10/26/2015 City Council Business Meeting Meeting Agenda October 26, 2015 5:00 P.M. DINNER BRIEFING, CONFERENCE CENTER 1. Mayor and Council Consent Item Questions Staff Resource(s): Carol Jennings, 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. Eastland Redevelopment Strategy Update Staff Resource(s): Patrick Mumford, Neighborhood & Business Services Ed McKinney, Planning Todd DeLong, Neighborhood & Business Services Time: 20 minutes Explanation § The purpose of the presentation is to provide an update on the redevelopment process for the former Eastland Mall site, share planning concepts for the site, and discuss potential partnerships for redeveloping the site in a strategic and market-based manner. § The concept plan was presented to the Economic Development and Global Competitiveness Committee in February and May 2015. Future Action The City Council is asked to express support for the redevelopment concept and proposed next steps, which includes: § Complete the agreement with Charlotte-Mecklenburg Schools; § Rezone the property associated with the Charlotte-Mecklenburg Schools transaction; § Assess site development needs for private development; and § Continue collaborative efforts with Park and Recreation to examine park concepts on the property. City of Charlotte Page 3 Printed on 10/26/2015 City Council Business Meeting Meeting Agenda October 26, 2015 3. Towing and Booting Business Ordinance Amendment Staff Resource(s): Rich Austin, Police Rusty Perlungher, Police Time: 15 minutes Explanation § The dinner briefing presentation will cover the following topics: - The purpose and intent of the Ordinance; - The North Carolina Supreme Court case, which determined that municipalities lack authority to regulate fees charged by businesses for nonconsensual towing from private parking lots; and - Suggested revisions to the Ordinance, which includes the following: § Notices/signs on private parking lots posted must contain: · The amount of fees charged for services; · A statement that credit and debit cards may be used for payment; and · The amount or percent of additional fees and charges for the use of credit and debit cards. § Adds a definition for “booting service” and requires employee identification and motor vehicle marking for booting services; and § Increases the maximum amount of the fine upon criminal conviction for a violation of the Ordinance to $500. § The Community Safety Committee discussed this item during their September 10 meeting. Also, staff has spoken to representatives in the towing industry about the Ordinance. Future Action The Ordinance amendment will be brought to the City Council for consideration on a future Council Business Meeting Agenda. 4. Answers to Mayor and Council Consent Item Questions Staff Resource(s): Carol Jennings, City Manager’s Office Time: 10 minutes Synopsis Staff responses to questions from the beginning of the dinner meeting. 5. Closed Session Action: Adopt a motion pursuant to North Carolina General Statute 143-318.11(a)(4) to go into closed session to discuss matters relating to the location of an industry or business in the City of Charlotte, including potential economic development incentives that may be offered in negotiations. City of Charlotte Page 4 Printed on 10/26/2015 City Council Business Meeting Meeting Agenda October 26, 2015 Introductions Invocation Pledge of Allegiance 6:30 P.M. CITIZENS FORUM 7:00 P.M. AWARDS AND RECOGNITION 6. Recognition of Woodstone Apartments and the North Division Officers, Charlotte-Mecklenburg Police Department Mayor Clodfelter will recognize Rindy Kirkman, Manager of the Woodstone Apartments and the North Division Officers of the Charlotte-Mecklenburg Police Department for their weekly youth reading and mentoring program developed during the summer of 2015. 7. Recognition of Rohan Handa, USA National Baseball Team Council member Gregg Phipps will recognize Rohan Handa, the only player from North Carolina, who was a member of the 15U USA National Baseball Team winning the Gold Medal for the USA in the Confederaciòn Panamericana de Béisbol Games in Aguascalientes, Mexico. 8. National Apprenticeship Week Proclamation Mayor Clodfelter will read a proclamation recognizing the week of November 2 - 6, 2015, as National Apprenticeship Week in Charlotte. City of Charlotte Page 5 Printed on 10/26/2015 City Council Business Meeting Meeting Agenda October 26, 2015 PUBLIC HEARING City of Charlotte Page 6 Printed on 10/26/2015 City Council Business Meeting Meeting Agenda October 26, 2015 9. Public Hearing on a Resolution to Close an Unopened Portion of Whitten Street Action: A. Conduct a public hearing to close an unopened portion of Whitten Street, and B. Adopt a Resolution to close Whitten 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. § The unopened portion of Whitten Street is located in Council District 1. Petitioners Charlotte-Mecklenburg Housing Partnership - Julie Porter Right-of-Way to be abandoned An unopened portion of Whitten Street located within the vicinity of the Druid Hills Neighborhood Association, and Edison Street Block Association. Reason To incorporate the right-of-way into land owned by the petitioner in order to create a more viable parcel for future 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) - None Neighborhood/Business Association(s) Druid Hills Neighborhood Association - Notified/No response Edison Street Block Association - Notified/No response 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 § Be contrary to the adopted policy to preserve existing rights-of-way for connectivity. Attachment Map City of Charlotte Page 7 Printed on 10/26/2015 City Council Business Meeting Meeting Agenda October 26, 2015 Resolution City Council Map Whitten Street Resolution to Close an unopened portion of Whitten Street City of Charlotte Page 8 Printed on 10/26/2015 City Council Business Meeting Meeting Agenda October 26, 2015 POLICY 10. City Manager’s Report 11. Prequalification Policy for Construction Projects Action: Adopt a prequalification policy per North Carolina General Statute 143-135.8, which allows a government entity to prequalify bidders for construction or repair work projects. Staff Resource(s): Maria Miles, Engineering & Property Management Lina James, City Attorney’s Office Explanation § Effective October 1, 2014, the North Carolina General Statute 143-135.8 on prequalification was amended to now require specific new procedural requirements for when and how the City may prequalify bidders on construction and repair contracts. § Prior to 2014, cities had more discretion because the law simply stated, “Bidders may be prequalified for any public construction project.” § These new requirements also apply to the prequalification of first-tier subcontractors on construction manager at risk projects. § The amended statute requires that City Council adopt an objective prequalification policy that is applicable to construction or repair contracts, in which the City elects to prequalify bidders. Prequalification of bidders is not mandatory for any construction or repair contracts let by the City. § Under the amended law, prequalification is defined as, “a process of evaluating and determining whether potential bidders have the skill, judgment, integrity, sufficient financial resources, and ability necessary to the faithful performance of a contract for construction or repair work.” § Although the City uses prequalification infrequently, by having this policy in place the City may prequalify bidders on future projects with unusual constraints, such as complex traffic control and coordination or aggressive completion dates tied to federal or state funding. § Timely adoption of the policy is critical for upcoming construction manager at risk projects (i.e., Time Warner Arena upgrades, Airport terminal upgrades), where construction managers at risk must select first-tier subcontractors using the City’s Council-adopted prequalification policy. § The focus of these new requirements is to ensure that a prequalification process is conducted transparently using criteria that relate to the specific project being bid and which are applied objectively and fairly to all bidders. § The statute requires that the prequalification policy that is adopted by City Council must contain the following criteria: 1. Must be uniform, consistent and transparent; 2. Must allow bidders who meet the prequalification criteria to be prequalified on the project; 3. Clearly state the prequalification criteria, 4. Clearly state the assessment process of the criteria to be used, 5. Establish a process for a denied bidder to protest denial of prequalification, and 6. Outline a process by which the denial of prequalification will be communicated. § Prequalification may not be used for contracts in which qualification based selection is used. Examples include architectural, engineering, surveying, and any alternate construction methods. Attachment Prequalification Policy for Construction Contracts City Prequalifications Final City of Charlotte Page 9 Printed on 10/26/2015 City Council Business Meeting Meeting Agenda October 26, 2015 12. Revised Code of Ethics for Boards, Committees and Commissions Action: Adopt a Resolution adopting a revised Code of Ethics for Members of Boards, Committees, and Commissions of the City of Charlotte as recommended by the Governance and Accountability Committee. Committee Chair: David Howard, Chairman, Governance and Accountability Staff Resource(s): Bob Hagemann, City Attorney Explanation § On January 24, 1983, the City Council adopted a Conflict of Interest Policy for members of City Boards, Committees, and Commissions (hereinafter “Boards”). § On May 24, 2010, the City Council adopted a Council of Code of Ethics. § On October 28, 2013, the City Council adopted a resolution repealing the 1983 policy and established a Code of Ethics for Boards similar to the Council’s Code. § On February 23, 2015, the City Council amended its Code of Ethics to include a gift policy, disclosure requirements, and established a process for receiving and investigating ethics complaints. § Subsequent to the City Council’s February 23 action, the Governance and Accountability Committee considered whether and to what extent the City Council’s policies on gifts, disclosure, and complaints/investigations should be made applicable to Boards, including seeking input from the board chairs. § On September 28, 2015, the Governance and Accountability Committee voted unanimously (Howard, Mayfield, Autry & Phipps present; Kinsey was absent) to recommend that the Code of Ethics for Members of Boards, Committees, and Commissions be amended to 1) establish a process for receiving and investigating ethics complaints by the City Attorney’s Office against members of all City Boards, and 2) add a Gift Policy and Disclosure Requirements for members of the following Boards: - Historic District Commission, - Planning Commission, - Zoning Board of Adjustment, - Housing Appeals Board, - Passenger Vehicle for Hire Board, - Airport Advisory Committee, - Charlotte Water Advisory Committee, - Storm Water Advisory Committee, - Business Advisory Committee, and - Privatization/Competition Advisory Committee. § The Resolution shall be effective January 1, 2016. Attachment Resolution Board Code of Ethics w-Exhibit City of Charlotte Page 10 Printed on 10/26/2015 City Council Business Meeting Meeting Agenda October 26, 2015 13. The Learning Collaborative Facility Grant Action: Approve the Housing & Neighborhood Development Committee’s recommendation to award $250,000 of Community Development Block Grant funding to Crossroads Community Development Corporation for the rehabilitation of a facility that will house The Learning Collaborative. Committee Chair: Patsy Kinsey Staff Resource(s): Pamela Wideman, Neighborhood & Business Services Warren Wooten, Neighborhood & Business Services Explanation § The Learning Collaborative (TLC), a non-profit early childhood development and family empowerment center, is currently housed at 3045 North Davidson Street, in a building owned by the YMCA. The YMCA has notified TLC that they will be terminating the lease and reclaiming the building for YMCA use. § TLC has been in operation for more than 25 years helping families find an educational path out of poverty. One of the ways this occurs is by providing tuition free, high quality preschool education, and family empowerment training to at-risk families earning 60% ($40,320) and below the Area Median Income. § TLC is planning on purchasing a former shopping center in the Grier Heights community (3200 Sam Drenan Road) to relocate their center. Receipt of grant funding is contingent on the property purchase. § This relocation will assist in addressing a current gap in early childhood education resources and family empowerment, while supporting the opportunity for economic mobility. The location of this facility in the Grier Heights neighborhood also supports the City’s mission to create successful neighborhoods where people of diverse backgrounds and incomes can build successful lives. § TLC will partner with CrossRoads Community Development Corporation, Billingsville Elementary School, and Thompson Child and Family Focus to service the needs of children and families in the neighborhood. § Crossroads Community Development Corporation has requested $250,000 of Community Development Block Grant funding for the rehabilitation of the facility. § Providing high-quality early childhood education is part of Crossroads Community Development Corporation’s holistic development strategy that also includes afterschool activities, housing and job training. § If approved, the City’s investment will be leveraged by $1.08 million in private funding achieving a 1:4 leverage ratio of public funds to private funds. To date, private sector commitments have been made from Crowder Construction Company, The Levine Foundation, and Myers Park Presbyterian Church. Pending commitments include: Mecklenburg County, The Foundation from the Carolinas, Christ Episcopal Church, Covenant Presbyterian Church, and Bank of America. § The City currently partners with Crossroads Community Development Corporation on projects in the Grier Heights Community including new home construction and infrastructure improvements. Housing & Neighborhood Development Committee Discussion § On September 23, 2015, the Housing & Neighborhood Development Committee unanimously (Kinsey, Austin, Autry, Driggs, Mayfield) approved the award of $250,000 of Community Development Block Grant funding to Crossroads Community Development Corporation. Fiscal Note Funding: Not Applicable City of Charlotte Page 11 Printed on 10/26/2015 City Council Business Meeting Meeting Agenda October 26, 2015 Attachment Housing and Neighborhood Development Committee Presentation on September 23, 2015 Learning Colaborative Funding Request City of Charlotte Page 12 Printed on 10/26/2015 City Council Business Meeting Meeting Agenda October 26, 2015 BUSINESS City of Charlotte Page 13 Printed on 10/26/2015 City Council Business Meeting Meeting Agenda October 26, 2015 14. Business Investment Grant for Albemarle Corporation Action: Approve the City’s share of a Business Investment Grant to Albemarle Corporation for a total estimated amount of $75,711 over three years (Total City/County grant estimated at $204,722). Staff Resource(s): Bill Cronin, Neighborhood & Business Services Explanation § Albemarle Corporation (Company) is headquartered in Baton Rouge, Louisiana. The Company develops, manufactures, and markets consumer electronics, flame retardants, metal processing, plastics, pharmaceuticals, agriculture, and custom chemistry products. § The Company currently employs approximately 6,900 people and serves customers in 100 countries. § On August 25, 2015, the Company announced its decision to relocate its headquarters in Charlotte and restructure the organization due to a recent acquisition. The Company will lease space at Capitol Towers in SouthPark. § The Company received competitive offers for expansion of its current headquarters facility in Louisiana, and relocation proposals from Dallas, Irving, and Plano, Texas. § The project will include the following: - $12.9 million in capital investment (up-fitting 30,000 sq. ft. of office space and purchasing office furniture, computers, and an aircraft). - 120 new jobs over three years with an average annual wage of $187,350 (387% of the regional average wage) - Up to 84 jobs could be relocated from the Baton Rouge headquarters - Jobs will be in the areas of administration, finance, legal, human resources, business development, chemical research, and executive leadership. Business Investment Grant § The project meets each of the City Council-approved criteria for a three-year, 50% Headquarters Grant. § On August 24, 2015, the City Council, in a closed session, indicated its intent to approve a Business Investment Grant to the Company. § On August 4, 2015, the Mecklenburg County Board of Commissioners, in a closed session, indicated its intent to approve a Business Investment Grant to the Company, and approved their portion of the grant in public session on October 20, 2015. § The State of North Carolina has awarded the Company a $2.0 million Job Development Investment Grant. § The general terms and conditions of this grant include: - A portion of the grant must be repaid if the company moves this investment from Charlotte within three years of the end of the grant term. - Actual grant payments are based on the value of the investment as appraised by the Mecklenburg County Tax Office. - All property taxes due from the company must be paid before a grant payment is made. Fiscal Note Funding: Business Investment Grant Attachment Business Investment Grant Analysis Attachment_NBS_Business Investment Grant Analysis Albemarle Corporation City of Charlotte Page 14 Printed on 10/26/2015 City Council Business Meeting Meeting Agenda October 26, 2015 15. Airport Area Strategic Development Plan Action: A. Approve a contract for up to $900,000 with MXD Development Strategist for the creation of an Airport Area Strategic Development Plan, B. Authorize the City Manager to amend the contract consistent with the City’s business needs and the purpose for which the contract was approved, and C. Approve a budget ordinance appropriating $900,000 from the Aviation Excluded Discretionary Fund to the Aviation Community Investment Plan Fund. Staff Resource(s): Brent Cagle, Aviation Explanation § The Airport Strategic Development Plan was published in 1997 - the objectives have largely been achieved and it is appropriate to reconsider the development strategy of the area around Charlotte Douglas International Airport (CLT Airport). § The Airport Area Strategic Development Plan (AASDP) will serve as a revised counterpart to the original Airport Strategic Development Plan. It will be a multi-phased project with the following objectives: - Enhance the role of CLT Airport and the airport area as a regional economic engine; - Strengthen competitiveness by identifying commercial and economic development opportunities; - Leverage intermodal and real estate opportunities to stimulate air route growth, international investment, and non-aeronautical revenues; and - Create jobs. § On May 19, 2015, the City issued a Request for Qualifications for Airport Area Development Strategy services; six submissions were received from interested service providers. § The Selection Committee, consisting of staff from City Manager’s Office, Aviation, Planning, and Mecklenburg County Economic Development selected MXD Development Strategists based on their innovative process, experience with development plans for other airports, and worldwide reputation. Charlotte Business INClusion The City negotiated subcontracting participation after the proposal selection process (Part C: Section 2.1(h) of the Charlotte Business INClusion Policy). For this contract, MXD Development Strategist has committed 8.78% ($79,000) of the total contract amount to the following certified firm: · Lyerly Agency, Inc. (WBE) ($79,000) (stakeholders consultations and strategic communication) Fiscal Note Funding: Aviation Community Investment Plan Attachment Budget Ordinance Budget Ordinance - Airport Strategic Development Plan City of Charlotte Page 15 Printed on 10/26/2015 City Council Business Meeting Meeting Agenda October 26, 2015 16. Nominations to the Bicycle Advisory Committee Action: Nominate citizens to serve as specified. Staff Resource(s): Stephanie Kelly, City Clerk Explanation § Two appointments for three-year terms beginning January 1, 2016, and ending December 31, 2018. - Haley Beaupre is eligible and interested in being considered for reappointment. - Andrew Pike has completed two full terms of service; therefore, he is not eligible for reappointment. Attachment Bicycle Advisory Committee Applicants 17. Nominations to the Business Advisory Committee Action: Nominate citizens to serve as specified. Staff Resource(s): Stephanie Kelly, City Clerk Explanation § One appointment for an unexpired term beginning immediately and ending April 28, 2017. - Edward Peugh has failed to meet the City Council attendance policy requirement. Attachment Business Advisory Committee Applicants 18. Nominations to the Charlotte Housing Authority Action: Nominate citizens to serve as specified. Staff Resource(s): Stephanie Kelly, City Clerk Explanation § Two appointments for three-year terms beginning December 18, 2015, and ending December 17, 2018. - Shirley Fulton and William Scurry are both eligible and interested in being considered for reappointment. § One appointment for a low income housing resident for a three-year term beginning December 18, 2015, and ending December 17, 2018. - Lucy Brown is eligible and interested in being considered for reappointment. Attachment Charlotte Housing Authority Applicants City of Charlotte Page 16 Printed on 10/26/2015 City Council Business Meeting Meeting Agenda October 26, 2015 19. Nominations to the Charlotte International Cabinet Action: Nominate citizens to serve as specified. Staff Resource(s): Stephanie Kelly, City Clerk Explanation § One appointment for an Airport staff representative for a three-year term ending June 30, 2018. - Vacancy is due to restructuring of the Cabinet. § Two appointments for Cultural/Ethnic representatives for three-year terms ending June 30, 2018. - Xin Zhang is eligible and interested in being considered for reappointment. - Additional vacancy is due to restructuring of the Cabinet. § One appointment for an International Business representative for a three-year term ending June 30, 2018. - Vacancy is due to restructuring of the Cabinet. § One appointment for an Education/Non-profit representative for a three-year term ending June 30, 2018. - Jian Zhang is eligible and interested in being considered for reappointment. § Two appointments for At-Large representatives for three-year terms ending June 30, 2018. - Larken Egleston is eligible and interested in being considered for reappointment. - Additional vacancy is due to restructuring of the Cabinet. Attachment Charlotte International Cabinet Applicants 20. Nominations to the Citizens’ Transit Advisory Group Action: Nominate citizens to serve as specified. Staff Resource(s): Stephanie Kelly, City Clerk Explanation § One appointment for an unexpired term beginning immediately and ending June 30, 2017. - Joe Randolph has resigned. Attachment Citizens’ Transit Advisory Group Applicants City of Charlotte Page 17 Printed on 10/26/2015 City Council Business Meeting Meeting Agenda October 26, 2015 21. Nominations to the Housing Advisory Board of Charlotte-Mecklenburg Action: Nominate citizens to serve as specified. Staff Resource(s): Stephanie Kelly, City Clerk Explanation § One appointment for a Community representative for a three-year term ending June 30, 2018. - Ken Szymanski has completed two full terms of service; therefore, he is not eligible for reappointment. Attachment Housing Advisory Board of Charlotte-Mecklenburg Applicants 22. Nominations to the Neighborhood Matching Grants Fund Review Team Action: Nominate citizens to serve as specified. Staff Resource(s): Stephanie Kelly, City Clerk Explanation § One appointment for a Neighborhood representative for an unexpired term beginning immediately and ending April 15, 2016. - William Land has failed to meet the City Council attendance policy requirement. Attachment Neighborhood Matching Grants Fund Review Team Applicants 23. Nominations to the Passenger Vehicle for Hire Board Action: Nominate citizens to serve as specified. Staff Resource(s): Stephanie Kelly, City Clerk Explanation § One appointment for a Category 2 representative (driver or chauffer) for a three-year term ending July 1, 2018. - Andrew Thompson has completed two full terms of service; therefore, he is not eligible for reappointment. § One appointment for a Category 4 representative (one user of passenger vehicles for hire) for a three-year term ending July 31, 2018. - Carolyn Carr is eligible but not interested in being considered for reappointment. Attachment Passenger Vehicle for Hire Applicants City of Charlotte Page 18 Printed on 10/26/2015 City Council Business Meeting Meeting Agenda October 26, 2015 24. Mayor and City Council Topics The City Council members may share information and raise topics for discussion. City of Charlotte Page 19 Printed on 10/26/2015 City Council Business Meeting Meeting Agenda October 26, 2015 CONSENT 25. Consent agenda items 25 through 77 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. Consideration of consent Items that have not been pulled, and B. Consider of Consent Items with citizens signed up to speak to the item. 26. Public Hearings for Renewal of Annexation Agreements with Midland, Concord, and Harrisburg Action: Set public hearings for November 23, 2015, to consider entering into annexation agreements with Midland, Concord, and Harrisburg. Staff Resource(s): Jonathan Wells, Planning Terrie Hagler-Gray, City Attorney’s Office Explanation § On January 1, 2016, the City’s Annexation Agreements (Agreements) with Midland, Concord, and Harrisburg are set to expire. § The Agreements, last updated in 2006, provide that Charlotte will not annex into Cabarrus County and that Midland, Concord, and Harrisburg will not annex into Mecklenburg County. § The new Agreements are proposed to be renewed for another 10-year term. § The Agreements will assist Charlotte and the Cabarrus County municipalities with planning for growth and development in unincorporated areas in proximity to their municipal boundaries. § State statutes require that each municipality planning to enter into an Agreement must first hold a public hearing. § Public hearings were held on September 8 in Midland and on October 12 in Harrisburg. The public hearing date for Concord will be held on November 12. § Midland voted to approve the Agreement with Charlotte on September 8; Harrisburg is scheduled to vote on the Agreement November 9 and Concord is scheduled to vote on November 12. Fiscal Note Funding: Not applicable Attachment Map Mecklenburg_Cabarrus_Political_Bndy City of Charlotte Page 20 Printed on 10/26/2015 City Council Business Meeting Meeting Agenda October 26, 2015 27. Justice and Mental Health Collaboration Program Grant Action: A. Authorize the City Manager to accept a grant from the Federal Bureau of Justice Assistance in the amount of $199,434 to fund a Justice and Mental Health Collaboration Program, B. Adopt a budget ordinance appropriating $199,434 in funds from the Federal Bureau of Justice Assistance, C. Approve a Memorandum of Understanding with Mecklenburg County in the amount of $151,210 for client services by a mental health licensed clinician for the term of two years, and D. Authorize the City Manager to renew the Memorandum of Understanding for up to two additional, one-year terms, with possible price adjustments, if required. Staff Resource(s): Diego Anselmo, Police James Wilson, Police Explanation § The Charlotte-Mecklenburg Police Department (CMPD), in collaboration with the Trauma & Justice Partnerships and the Mecklenburg County Criminal Justice Service, has been awarded a Justice and Mental Health Collaboration Program grant from the Federal Bureau of Justice Assistance. § The two-year grant will be used for CMPD’s “Mentally Ill and Trauma Impacted Jail Diversion Program.” § Trauma impacted includes an exposure to violent crimes, such as homicide or child abuse. § Grant funding will: - Expand the current CMPD Crisis Intervention Team (CIT) Program to a Mentally Ill and Trauma Impacted Jail Diversion Program to include a mental health licensed clinician (hired by Mecklenburg County) and funding for two CIT certified CMPD officers’ overtime. § CMPD will develop a Memorandum of Understanding with Mecklenburg County for the provision of client services by the mental health clinician. § The mental health clinician would assist two CMPD CIT certified officers by providing referral and follow-up for the program’s target populations, diverting them from jail time, and referring them towards the most appropriate community services. - Fund hours of overtime for two CMPD CIT certified officers, and - Include an evaluation of the program by the University of North Carolina at Charlotte. § Since 2010, the number of positive screenings for a history of mental illness increased from 4% in 2010 to 12% of all bookings in 2014 for the Mecklenburg County jail. § The diversion of those who are mentally ill, trauma impacted, or veterans from jail towards community support resources is fundamental to the community’s safety and quality of life. § The grant award is $199,434. § The grant period is from October 1, 2015, through September 30, 2017. § The grant requires an in-kind match of $25,004. Fiscal Note Funding: Police Operating Budget and Bureau of Justice Assistance Grant. CMPD will use operating funds to cover matching costs for overtime, and expenses associated with program evaluation by UNC Charlotte and travel required by the grant for orientation and training. Attachment Budget Ordinance City of Charlotte Page 21 Printed on 10/26/2015 City Council Business Meeting Meeting Agenda October 26, 2015 CMPDOrd102615-Justice and Mental Health Grant 28. 2015 Urban Areas Security Initiative Grant Acceptance Action: Authorize the Homeland Security Director (Charlotte Fire Chief) to accept a grant for $2.4 million from the United States Department of Homeland Security for the 2015 Urban Area Security Initiative Grant Program, and Staff Resource(s): Richard Granger, Fire Explanation § The 2015 Urban Areas Security Initiative (UASI) Grant Program allowed eligible applicants to apply for funding to aid in the prevention, protection, response, and recovery from terrorist attacks. § The City of Charlotte was awarded the grant by the United States Department of Homeland Security based on risks and threats to the Charlotte Region. § In developing a regional approach, as mandated by the grant guidelines, the following 10 counties were included as part of a regional implementation concept: Cabarrus, Catawba, Gaston, Iredell, Lincoln, Lancaster (SC), Mecklenburg, Stanly, Union, and York (SC). § The total amount of the grant awarded to the Charlotte UASI was $3.0 million. - The North Carolina Division of Emergency Management is eligible to retain up to 20% of the funds under the program guidelines. The Division elected to retain the full 20% for the management and administration of the grant program and provide continued support to the North Carolina Voice Interoperability Plan for Emergency Responder radio system. § Funds will be used for terrorism preparedness activities, such as equipment acquisition, planning, training courses, and drills. Equipment specifics include: - Equipment to supplement existing Urban Search and Rescue (USAR) and Hazardous Materials (HAZMAT) capabilities, including replacement of expired Bomb Squad personal protective equipment; - Equipment to continue the expansion of the regional radio system; - Interface software to consolidate the multiple camera systems throughout the city/county; - HAZMAT and Urban Search/Rescue training; and - Purchase of lab equipment for Charlotte Water. § There are no City matching funds required for this grant. Fiscal Note 2015 Urban Area Security Initiative Grant City of Charlotte Page 22 Printed on 10/26/2015 City Council Business Meeting Meeting Agenda October 26, 2015 29. HouseCharlotte Home Inspections for Fiscal Year 2016 Action: A. Approve a one-year contract for home inspection services with each of the following firms: - HMO Home Inspections LLC, in an amount not to exceed $50,000, and - Redfish Inspections LLC, in an amount not to exceed $50,000, and B. Authorize the City Manager to approve up to two additional, one-year renewals with possible price adjustments at the time of renewal based on satisfactory performance and current support needs of the system. Staff Resource(s): Pamela J. Wideman, Neighborhood & Business Services Ronald Mason, Neighborhood & Business Services Explanation § The HouseCharlotte program provides down payment assistance to low and moderate-income households, earning up to $73,900, towards purchasing a home in an eligible neighborhood. § The U.S. Department of Housing & Urban Development requires each home purchased through the HouseCharlotte down payment assistance program, funded through the federal HOME Program, be inspected to meet minimum housing standards. § The City contracts with independent home inspectors licensed in North Carolina to perform Minimum Housing Standards inspections according to Chapter 11 of the Charlotte Code of Ordinances. § Inspectors are hired by the City through a Request for Proposals (RFP) issued every three years. § On June 10, 2015, the City posted a RFP; four independent inspection companies submitted proposals. § The criteria for evaluation included the firms: - Experience in providing similar services for similar projects; - Availability of key team members; and - Familiarity with local conditions, codes, and practices. § The City evaluated the proposals and selected HMO Home Inspections LLC, and Redfish Inspections LLC, as best meeting the City’s needs in terms of the evaluation criteria. 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, HMO Home Inspections LLC, is a City SBE. Fiscal Note Funding: Innovative Housing City of Charlotte Page 23 Printed on 10/26/2015 City Council Business Meeting Meeting Agenda October 26, 2015 30. Citywide Opinion Survey Services Action: A. Approve a contract with The Jackson Group for opinion survey services for an initial term of three years, and B. Authorize the City Manager to renew the contract for up to two additional, one-year terms with possible price adjustments and to amend the contracts consistent with the City’s business needs and the purpose for which the contracts were approved. Staff Resource(s): Robert Campbell, Management & Financial Services Janice Quintana, CharMeck 311 Victoria Garland Johnson, Solid Waste Services Explanation § The City periodically conducts resident surveys to measure perceptions, awareness, satisfaction, and effectiveness of City communications and services in many different areas. § Departments use professional survey services to assist with survey methodology, design, and administration as well as data collection, reporting, and survey analysis. § The Jackson Group met the criteria required by the following departments: - CharMeck 311 - survey recent 311 callers to assess the quality of customer service representatives. These surveys will be conducted by phone. - Solid Waste Services - survey citizens on refuse and recycling perceptions and awareness. These surveys will be conducted by phone. § Yearly survey costs by department are as follows: - CharMeck 311: $16,000 - Solid Waste Services: $18,000 § The contract is designed to be flexible in allowing other departments to initiate surveys in the future. Should other departments require the services, a price would be negotiated with the service provider at that time and amended into the contract. § On June 3, 2015, the City issued a Request for Proposal survey services; four proposals were received from interested service providers. § The Project Team, consisting of staff from the City Manager’s Office, Human Resources, Management & Financial Services, and Solid Waste Services, evaluated the proposals and determined that The Jackson Group best meets the City’s needs in terms of qualifications, experience, cost, and responsiveness to Request for Proposal requirements. § Staff anticipates renewing the contract for up to two additional, one-year terms at prices to be negotiated based on market conditions. § The current estimated contract expenditure is $34,000 annually. Charlotte Business INClusion No subcontracting goal was established because there are no subcontracting opportunities (Part C: Section 2.1(a) of the Charlotte Business INClusion Policy). Fiscal Note Funding: Various Departments’ Operating Budgets City of Charlotte Page 24 Printed on 10/26/2015 City Council Business Meeting Meeting Agenda October 26, 2015 31. Traffic Control Devices Action: A. Award a unit price contract to the lowest bidder, RAI Products Inc., for the purchase of Pelco Traffic Control Devices for a term of three years, and B. Authorize the City Manager to renew the contract for up to two additional, one-year terms with possible price adjustments and to amend the contract consistent with the City’s business needs and the purpose for which the contract was approved. Staff Resource(s): Ronnie Ashburner, Transportation Explanation § The contract will provide various types of traffic signal and sign hardware, such as signal hangers, sign hangers, camera hardware, pedestrian poles, and bases. § The hardware will be used in maintenance, replacement, and new installations of traffic signals and signs. § The use of Pelco brand is necessary to ensure standardization of materials and compatibility with existing parts inventory. § On August 21, 2015, an Invitation to Bid was issued for Pelco Traffic Control Devices; only one bid was received. § On September 22, 2015, a second Invitation to Bid was issued for the devices; three responsive bids were received from interested service providers. § RAI Products, Inc. was the lowest responsive, responsible bidder. § The annual expenditures are estimated to be $213,000. Charlotte Business INClusion No subcontracting goal was established because there are no subcontracting opportunities (Part B: Section 2.3 of the Charlotte Business INClusion Policy). Fiscal Note Funding: Transportation Operating Budget City of Charlotte Page 25 Printed on 10/26/2015 City Council Business Meeting Meeting Agenda October 26, 2015 32. Infrastructure Reimbursement Agreement - Crescent Communities, LLC Action: Authorize the City Manager to negotiate and execute an infrastructure reimbursement agreement with Crescent Communities, LLC up to a maximum of $487,000 for construction of 35th Street Extension, including an at-grade rail crossing. Staff Resource(s): Ron Kimble, City Manager’s Office Jim Keenan, Engineering & Property Management Explanation § On April 20, 2015, the City Council approved Rezoning Petition 2015-009 by Crescent Communities, LLC (Developer) for a commercial mixed use site (Crescent Noda). § Crescent Noda will redevelop the parcel bounded by the Blue Line Extension (BLE), East 36th Street and the AC&W rail line. This new development will be directly adjacent to the BLE and includes plans for public access to the transit station. § A public connection of 35th Street to the development will allow the public much improved access between the NODA activity center and the transit station; however, such off-site improvements are not a requirement of the development. § City staff has determined, based on cost estimates and the development schedule, that it would be beneficial to the City for the Developer to design and construct the infrastructure improvements, integral with other development construction. § Therefore, City staff recommends entering into a developer infrastructure reimbursement agreement, whereby the City will reimburse the Developer up to a maximum of $487,000 in order to complete construction of all the improvements. Background § The North Carolina law authorizes the City to enter into reimbursement agreements with private developers for the design and construction of municipal infrastructure improvements. § City Code Section 2-2 allows reimbursement for certain infrastructure improvements if the City determines that the cost to the City will not exceed the estimated cost to the City through a public contract let pursuant to applicable statutes. Furthermore, the developer will be required to publicly advertise and open bids and comply with the City’s Charlotte Business INClusion Program. § The public improvements consist of both street improvements and replacement of a deteriorated at-grade railroad crossing. Charlotte Business INClusion Prior to the City Manager executing the infrastructure reimbursement agreement, the CBI Office will negotiate at least a 10% MSBE subcontracting goal on all work tied to this agreement except that performed sole source by Norfolk Southern (Part G, Section 2.7 of the Charlotte Business INClusion Policy). Fiscal Note Transportation Community Investment Plan Attachment Map Location Map - Developer Infrastructure Reimbursement Agreement City of Charlotte Page 26 Printed on 10/26/2015 City Council Business Meeting Meeting Agenda October 26, 2015 33. Central Processing Unit Cards for Traffic Signal Controllers Action: A. Approve an initial purchase of 700 Central Processing Unit Cards, as authorized by the sole source exemption of G.S. 143-129 (e)(6), B. Approve a contract with Econolite Group, Inc. for the purchase of 1C Central Processing Unit cards for traffic signal controller for the term of three years, and C. Authorize the City Manager to renew the contract for up two additional, one-year terms with possible price adjustments and to amend the contract consistent with the City’s business needs and the purpose for which the contract was approved. Staff Resource(s): Charles Abel, Transportation Sole Source Exemption § G.S. 143-129 (e) (6) provides that formal bidding requirements do not apply when: - Performance or price competition are not available; - A needed product is available from only one source or supply; or - Standardization or compatibility is the overriding consideration. § Sole sourcing is necessary for this contract because compatibility is the overriding consideration. § The City Council must approve purchases made under the sole source exception. Explanation § The 1C Central Processing Unit cards from Econolite is designed for traffic signal controllers to run traffic signal software. § The City of Charlotte currently uses Econolite ASC3 software in all of its traffic signal controllers. § The Central Processing Unit cards are being purchased for immediate and future upgrades to increase memory, improve reporting features and expanded functionality, allowing for the best traffic flow under varying conditions. § Initial year expenditure is estimated to be $400,000. § Total contract expenditure is estimated to be $660,000. Charlotte Business INClusion This is a sole source contract and is exempt (Part A: Appendix 1.27 of the Charlotte Business INClusion Policy). Fiscal Note Funding: Transportation Community Investment Plan City of Charlotte Page 27 Printed on 10/26/2015 City Council Business Meeting Meeting Agenda October 26, 2015 34. Private Developer Funds Appropriation Action: Adopt a budget ordinance appropriating $14,500 in private developer funds for traffic signal improvements with Circle K Stores, Inc. Staff Resource(s): Scott Putnam, Transportation Explanation § The $14,500 is restricted to traffic signals, upgrades, and related work to the developer project listed below. § The following developer is fully funding traffic signal installations and improvements to mitigate traffic impacts around their respective development project: - Circle K Stores, Inc. contributed $14,500 for signal modification at the intersection of Idlewild Road and East W.T. Harris Boulevard. § Payment made by the developer is in response to an estimate of work prepared by the Charlotte Department of Transportation and supplied to the developer. § Any funding contributed by developers for signal projects that is unused by the City will be refunded after project completion. Fiscal Note Funding: Private Developer Contributions Attachment Map Budget Ordinance Traffic Signal Improvements 102615 CDOT ord 102615 Developer Contributions City of Charlotte Page 28 Printed on 10/26/2015 City Council Business Meeting Meeting Agenda October 26, 2015 35. Metropolitan Planning Program Grant Municipal Agreement Action: Approve a resolution authorizing the City Manager to execute a municipal agreement with the North Carolina Department of Transportation to support transit-planning activities for the Charlotte Regional Transportation Planning Organization. Staff Resource(s): Jayne Peterson, Transportation Phil Reiger, Transportation Explanation § The Federal Transit Administration (FTA) awarded the Fiscal Year 2016 Metropolitan Planning Grant to the City of Charlotte in September 2015. § The City of Charlotte has received this grant for many years as the lead planning agency for the Charlotte Regional Transportation Planning Organization and as the major fixed-route transit operator for the urban area. The Charlotte Department of Transportation and CATS are responsible for the deliverables associated with this grant. § The total FTA planning budget for the City of Charlotte is $557,200, of which $445,760 (80%) consists of federal funds, $55,720 (10%) of state funds, and $55,720 (10%) of local funds. § The North Carolina Department of Transportation requires grant recipients to enter into a new Municipal Agreement to receive the annual allocation. § The City must use the funds to support transit-planning activities. The Charlotte Department of Transportation will use these funds for travel demand modeling and other activities related to transit. Fiscal Note Funding: Federal and State Transportation Assistance Planning Grant Attachment Resolution FY16 Metropolitan Planning Program Grant Municipal Agreement Resolution City of Charlotte Page 29 Printed on 10/26/2015 City Council Business Meeting Meeting Agenda October 26, 2015 36. Amendment to Edinmeadow Drive Bridge Municipal Agreement Action: Adopt a resolution amending a municipal agreement with the North Carolina Department of Transportation for the construction of the Edinmeadow Drive Bridge over Interstate-485 from $2,242,100 to $2,384,137.16. Staff Resource(s): Matt Magnasco, Transportation Explanation § On July 25, 2011, the City Council authorized the Charlotte Department of Transportation Director to execute a municipal agreement with the North Carolina Department of Transportation (NCDOT) in the amount of $2,242,100 to fund construction of the Edinmeadow Drive Bridge over Interstate- 485 in Northeast Charlotte. - The Bridge has been built by NCDOT as part of Interstate-485 construction, and connects Johnston-Oehler Road to Jimmy Oehler Road near Mallard Creek High School. § Municipal agreements require the City to pay the actual costs of items, but are negotiated based on only estimated costs. The estimated cost of the bridge at the time was $2,242,100. § Field conditions required changes to the design of the bridge. Also, the contractor encountered more rock than anticipated in the initial assessment. § The final cost for the bridge is $2,384,137.16; the City has been invoiced for this amount. Fiscal Note Funding: Transportation Community Investment Plan Attachment Map Resolution EdinmeadowDrBridge Resolution City of Charlotte Page 30 Printed on 10/26/2015 City Council Business Meeting Meeting Agenda October 26, 2015 37. Community House Road Widening - Phase 2 Action: Award a contract in the amount of $2,830,886.11 to the lowest responsive bidder Red Clay Industries for the Community House Road Widening - Phase 2 project. Staff Resource(s): Tim Greene, Engineering & Property Management Derrel Poole, Engineering & Property Management Explanation § The project involves intersection improvements on Community House Road from Providence Road West to Bryant Farms Road. § The work will include: - Grading, - Storm drainage, - Concrete sidewalks, - Curb and gutter, - Wheelchair ramps and driveways, - Intersection improvements, - Asphalt paving, - Pavement markings, - Traffic control, - Traffic Signal, and - Utility related work. § Phase 1, between Ardrey Kell Road and Providence Road West, was completed in 2014. § On August 20, 2015, the City advertised an Invitation to Bid; four bids were received from interested service providers. § Red Clay Industries was the lowest responsive, responsible bidder. § The contract was advertised with the provision of incentive payments because on-time completion of this project is critical to the opening of Terwilliger Pappas’ adjoining 194-unit apartment complex and 15,000 square feet of retail. Also, with Hawk Ridge Elementary, Community House Middle, and Ardrey Kell High School nearby it is also a priority to complete the project in advance of the 2016-17 school year. § If the contractor can complete two key milestones ahead of schedule, incentives totaling $60,000 is available and included in this award amount. § Funding for this project was included in the 2008 and 2010 Transportation bonds. § Construction is expected to be complete by third quarter 2016. Charlotte Business INClusion Established SBE Goal: 17.00% Committed SBE Goal: 17.50% Red Clay Industries, Inc. exceeded the established SBE subcontracting goal, and has committed 17.50% ($484,828.41) of the base bid amount of $2,770,886.11 to the following certified firms (Part B: Section 3 of the Charlotte Business INClusion Policy): · Pavers, Walls and Stamped Concrete, LLC (SBE, MBE) ($129,600) (stamped concrete) · Express Logistics Services, Inc (SBE, MBE) ($111,000) (hauling) · Harvest Environmental Services, Inc (SBE) ($107,150) (subsurface drainage) · Ram Pavement Services, Inc (SBE) ($62,278.41) (pavement markings) · Fast Signs Matthews Ballantyne, Inc (SBE) ($40,000) (fabrication and installation) · Concrete Core Drilling and Sawing LLC (SBE) ($12,900) (saw cutting of asphalt) · Major Contractors, Inc (SBE, WBE) ($11,900) (conduit, pull boxes) · SAFETYMART (SBE) ($10,000) (traffic control) City of Charlotte Page 31 Printed on 10/26/2015 City Council Business Meeting Meeting Agenda October 26, 2015 Established MBE Goal: 4.00% Committed MBE Goal: 4.01% Red Clay Industries, Inc. exceeded the established MBE subcontracting goal, and has committed 4.01% ($111,000) of the base bid amount of $2,770,886.11 to the following certified firms (Part B: Section 3 of the Charlotte Business INClusion Policy): · Express Logistics Services, Inc. (SBE, MBE) ($111,000) (hauling) Fiscal Note Funding: General Transportation Community Investment Plan Attachment Map Location Map - Community House Road Phase II City of Charlotte Page 32 Printed on 10/26/2015 City Council Business Meeting Meeting Agenda October 26, 2015 38. Interstate-85 South Bridge and University Pointe Boulevard Project Action: A. Award a contract in the amount of $13,307,797.84 to the lowest responsive bidder Blythe Construction, Inc. for the University Pointe Boulevard project, and B. Adopt a resolution authorizing the use of the City’s Crown Logo within North Carolina Department of Transportation right-of-way on the University Pointe Boulevard Bridge over Interstate-85. Staff Resource(s): Dan Leaver, Engineering & Property Management Matt Magnasco, Charlotte Department of Transportation Explanation § The project was funded with the 2014 Bond Referendum and is the first major transportation project to go to construction. § The project will provide east-west connectivity between University Research Park, Belgate/IKEA developments, and the CATS Blue Line Extension on North Tryon Street. § On July 27, 2015, the City Council approved an interlocal agreement between the City of Charlotte and the Charlotte-Mecklenburg Board of Education for the real estate acquisition and construction of the project. § The scope includes a new bridge across Interstate-85 (South Bridge), extending University Pointe Boulevard from its terminus near Ikea Boulevard to IBM Drive. In addition, site improvements will be made to the Charlotte-Mecklenburg Schools (CMS) property containing Martin Middle School and Vance High School. The roadway will tie into the portion of University Pointe Boulevard built as part of the Belgate development and will replace the existing CMS driveway into Martin Middle School. § The work will include: - Grading, - Paving, - Storm Drainage, - Bridge Structure, - Concrete sidewalks, - Curb and gutter, - Wheelchair ramps and driveways, - Erosion control, - Traffic control, - Pavement markings, and - Water and sanitary sewer installation. § On August 20, 2015, the City advertised an Invitation to Bid; five bids were received from interested service providers. § Blythe Construction, Inc. was the lowest responsive, responsible bidder. § The contract was advertised with the provision of incentive payments because on-time completion of this project is critical to the operations of the school site. § If the contractor can complete five key milestones ahead of schedule, incentives totaling $600,000 is available and included in this award amount. § The bridge will contain a brick façade, including inlays of the City’s Crown Logo on the bridge abutments and the central pier. § The City’s Corporate Communications & Marketing Department approved the use of the Crown Logo on the bridge in November 2014. § With the logo to be located within North Carolina Department of Transportation (NCDOT) -maintained right-of-way, NCDOT requires a resolution for its installation. City of Charlotte Page 33 Printed on 10/26/2015 City Council Business Meeting Meeting Agenda October 26, 2015 § Construction is expected to be complete by first quarter 2017. Charlotte Business INClusion Established SBE Goal: 17.00% Committed SBE Goal: 17.25% Blythe Construction, Inc. exceeded the established SBE subcontracting goal, and has committed 17.25% ($2,192,318) of the base bid amount of $12,707,797.84 to the following certified firms (Part B: Section 3 of the Charlotte Business INClusion Policy): · Express Logistics Services, Inc. (SBE, MBE) ($564,609) (hauling) · B & B Concrete Construction of Charlotte, Inc (SBE) ($499,764) (curbs/sidewalk) · Fuller & Co. Construction, LLC (SBE) ($458,913) (utilities) · BKP Trucking, LLC (SBE, MBE) ($230,000) (hauling) · Lopez Rebar (SBE) ($223,554) (rebar) · Martin Landscaping Co. (SBE, WBE) ($119,447) (seeding) · On Time Construction, Inc. (SBE, MBE) ($44,070) (masonry) · Border Rebar LLC (SBE, MBE) ($37,429) (rebar) · Mid Atlantic Erosion Control, Inc. (SBE, MBE) ($14,532) (erosion control) Established MBE Goal: 7.00% Committed MBE Goal: 7.01% Blythe Construction, Inc. exceeded the established MBE subcontracting goal, and has committed 7.01% ($890,640) of the base bid amount of $12,707,797.84 to the following certified firms (Part B: Section 3 of the Charlotte Business INClusion Policy): · Express Logistics Services, Inc. (SBE, MBE) ($564,609) (hauling) · BKP Trucking, LLC (SBE, MBE) ($230,000) (hauling) · On Time Construction, Inc. (SBE, MBE) ($44,070) (masonry) · Border Rebar LLC (SBE, MBE) ($37,429) (rebar) · Mid-Atlantic Erosion Control (SBE, MBE) ($14,532) (erosion control) Fiscal Note Funding: General Transportation Community Investment Plan Attachment Map Photo of Bridge Resolution of Use of City Logo Location Map - University Pointe Boulevard Project Bridge Elevation.pdf Resolution for City Logo on University Pointe Connection Bridge.docx City of Charlotte Page 34 Printed on 10/26/2015 City Council Business Meeting Meeting Agenda October 26, 2015 39. Fire Station 1 HVAC Equipment Replacement Action: Award a contract in the amount of $192,950 to the lowest responsive bidder Jeff Hargett Mechanical, Inc. for the Fire Station 1 HVAC Equipment Replacement project. Staff Resource(s): William Haas, Engineering & Property Management Kevin Gordon, Charlotte Fire Department Explanation § The project involves the replacement of the 25 year-old HVAC equipment and controls system at Fire Station 1 located at 221 North Myers Street. § The existing equipment has reached the end of its useful life and must be replaced. § The work will include: - Removal of existing HVAC equipment, - One chiller, - Two boilers, - Three pumps, - HVAC control system, and - Three air handling units. § The new equipment will improve the energy efficiency of the facility and provide better occupant comfort. § Funding for the project is included in the General Facilities Community Investment Plan for building maintenance and equipment. § On September 9, 2015, the Engineering & Property Management Department advertised Invitations to Bid. - On September 16, 2015, a pre-bid conference and walk-through was conducted on site to actively solicit participation and discuss with potential bidders the scope of work. - On October 1, 2015, three bids were received from interested mechanical contractors. § Jeff Hargett Mechanical, Inc. was selected as the lowest responsive, responsible bidder. § Construction is scheduled to be complete first quarter 2016. Charlotte Business INClusion Construction contracts estimated to be less than $300,000 are informal and exempt from the goal setting process (Part A: Section 3.1 of the Charlotte Business INClusion Policy). Fiscal Note Funding: General Facilities Community Investment Plan Attachment Map Location Map - Fire Station 1 HVAC Equipment Replacement City of Charlotte Page 35 Printed on 10/26/2015 City Council Business Meeting Meeting Agenda October 26, 2015 40. Development Agreement with PRSC Holdings (EDENS), LLC for a Connector to the Cross Charlotte Trail Action: Authorize the City Manager to negotiate and execute a development agreement with PRSC Holdings (EDENS), LLC for sharing the cost of design and construction for a bridge connection to the Cross Charlotte Trail from Woodlawn Road adjacent to the Park Road Shopping Center over Little Sugar Creek at Brandywine Road. Staff Resource(s): Joe Frey, Engineering & Property Management Dan Gallagher, Charlotte Department of Transportation Explanation § As part of the Cross Charlotte Trail, the City is designing an approximate 1.4-mile extension of Little Sugar Creek Greenway (north side of Brandywine Road to Tyvola Road). § In January 2015, more than 200 residents attended a public meeting and expressed interest in having the Trail connect to the Park Road Shopping Center, located at the intersection of Park and Woodlawn Roads, across Little Sugar Creek. § Residents also commented that the Brandywine Road Bridge does not safely or adequately accommodate pedestrians and cyclists for crossing the creek. § EDENS purchased the Park Road Shopping Center in 2010 and intends to invest a total of $26 million in upgrades to the Center by 2017, including $3.5 million in enhancements to the back side of the development facing the greenway. § EDENS has indicated to City staff the enhancements to the backside of the development are in response to the Cross Charlotte Trail. EDENS is also willing to help fund a better connection from the Trail to the Shopping Center. § City staff and the City’s consultant, Kimley-Horn and Associates, Inc. have studied connection options, and recommend construction of a pedestrian bridge over the creek just north of Brandywine Road, that would connect to the sidewalk on Woodlawn Road as well as the rear parking lot of the Shopping Center (conceptual plan and rendering attached). § EDENS is in agreement with this plan for the bridge and is willing to contribute $12,500 upfront toward design and an additional $112,500 toward construction for a total contribution of $125,000. § Kimley-Horn and Associates, Inc. has estimated cost of design at $25,000 and cost of construction of the bridge at $500,000. Background § The Cross Charlotte Trail is a project in the City’s current General Community Investment Plan, with $5 million allocated from the 2014 Bond Referendum and an additional $30 million included in the proposed 2016 Bond Referendum. § Once completed, residents will be able to bike or hike seamlessly from one end of Charlotte to the other. Approximately 98,000 jobs and 80,000 residents will be within a half-mile of the proposed trail. Fiscal Note Funding: Transportation Community Investment Plan Attachment Schematic Rendering Map Rendering of Ped Bridge at Brandywine_2015-06-02 Location Map - Development Agreement with PRSC Holdings (EDENS) LLC for a Connector to the Cross Charlotte Trail City of Charlotte Page 36 Printed on 10/26/2015 City Council Business Meeting Meeting Agenda October 26, 2015 41. Cross Charlotte Trail Planning and Design Services Action: Approve a contract in the amount of $978,179 with Kimley-Horn and Associates, Inc. for engineering services for three components of the Cross-Charlotte Trail planning and design services. Staff Resource(s): Joe Frey, Engineering & Property Management Explanation § On August 25, 2014, City Council approved the initial contract for planning services for the Cross Charlotte Trail (Brandywine Road to Tyvola Road) with Kimley-Horn and Associates, Inc. § Kimley-Horn and Associates, Inc. is now nearing completion with the planning phase for the Brandywine-Tyvola segment, and this contract will carry their efforts through to complete design of this segment (including a bridge connector over Little Sugar Creek to Park Road Shopping Center). § In addition, this contract will include: - Planning phase services for a segment of the trail at Davidson Street to 25th Street along Little Sugar Creek; - Design of a connector from the Cross Charlotte Trail to McMullen Creek Greenway in South Charlotte; and - Developer coordination as needed in these and other segments. § On March 20, 2014, a Request for Qualifications was advertised for creation of a Master Plan for Cross-Charlotte Trail and preliminary design of one or more high priority trail segments; five proposals were received from interested service providers. § Kimley-Horn and Associates, Inc. was selected pursuant to the Council-approved, qualifications-based selection process. Background § The Cross Charlotte Trail is a project in the City’s current General Community Investment Plan, with $5 million allocated from the 2014 Bond Referendum and an additional $30 million included in the proposed 2016 Bond Referendum. § Once complete, residents will be able to bike or hike seamlessly from one end of Charlotte to the other. Approximately 98,000 jobs and 80,000 residents will be within a half-mile of the proposed trail. Charlotte Business Inclusion The City negotiated subcontracting participation after the proposal selection process (Part C: Section 2.1(h) of the Charlotte Business INClusion Policy). For this contract, Kimley-Horn and Associates, Inc. has committed 18.09% ($177,000) of the total contract amount to the following certified firms: · CES Group Engineers, LLP (SBE, WBE) ($75,000) (survey) · Boyle Consulting Engineers (SBE) ($62,000) (geotechnical) · Hinde Engineering, Inc. (SBE) ($19,000) (utility coordination) · CMW Design Strategies, PLLC (SBE) ($12,000) (planning) · Carolina Wetland Services, Inc. (SBE, WBE) ($9,000) (environmental & ecological services) Fiscal Note Funding: Transportation Community Investment Plan Attachment Map Location Map - Cross Charlotte Trail Planning and Design Services City of Charlotte Page 37 Printed on 10/26/2015 City Council Business Meeting Meeting Agenda October 26, 2015 42. CATS Bus Batteries Action: A. Award a unit price contract to the lowest responsive bidders, Battery Service, Inc., for the purchase of bus batteries for a three-year term, and B. Authorize the City Manager to renew the contract for up to two additional, one-year terms with possible price adjustments and to amend the contract consistent with the City’s business needs and the purpose for which the contract is approved. Staff Resource(s): Larry Kopf, CATS Edward Pullan, CATS Explanation § Various parts are required for the ongoing maintenance and repair of the CATS bus fleet. § On September 1, 2015, CATS issued an Invitation to Bid; six responsive bids were received from interested providers. § Bus batteries will be purchased on an as-needed basis under the contract terms. The unit prices are set forth in the proposed contract and are available upon request. § Staff anticipates renewing the contract for up to two additional, one-year terms at prices to be negotiated based upon market conditions. § Annual expenditures for the contract are estimated to be $100,000. Charlotte Business INClusion No subcontracting goal was established because there are no subcontracting opportunities (Part B: Section 2.3 of the Charlotte Business INClusion Policy). Fiscal Note Funding: CATS Operating Budget City of Charlotte Page 38 Printed on 10/26/2015 City Council Business Meeting Meeting Agenda October 26, 2015 43. CATS Blue Line Extension Contract 12: North Yard Building Action: Award a contract to the lowest, responsive bidder, New Atlantic Contracting, Inc. for the construction of the North Yard Building (CATS Rail Service and Inspection Building) in an estimated amount of $11,305,399.83. Staff Resource(s): John Lewis, Jr. CATS Danny Rogers, CATS Explanation § The North Yard Building will be located at 1911 North Brevard Street on the Blue Line Extension (BLE). § The project consists of two buildings: 1) the Operations wing, and 2) the Services and Inspection wing. - The Operations wing includes a training room, locker rooms, break area, offices, and parts storage. - The Service and Inspection wing - the first floor consists of Light Rail Vehicle repair area, tool storage, and service pit. The second floor consists of parts storage, utility rooms, and a supervisor’s office. A mezzanine level is included to facilitate Light Rail Vehicle repairs from above. § On June 24, 2015, CATS advertised an Invitation to Bid (ITB) for the North Yard Building with Service and Inspection wing included as an “add alternate”; no bids were received. § On August 3, 2015, CATS re-advertised the ITB for the North Yard Building with the Service and Inspection wing included as part of the total bid (no longer an “add alternate”); two bids were received from interested service providers. § The lowest bid received exceeded the independent cost estimate of $9,518,000 by 20%. Pursuant to Federal Acquisition Regulation Section 14.404-1 the invitation to bid was cancelled and negotiations were entered into with the responsive, responsible bidders. § City Staff evaluated the proposals and negotiated with both firms. After Edifice withdrew from consideration, a negotiated agreement was reached with New Atlantic Contracting, Inc. Disadvantage Business Enterprise (DBE) DBE participation goal was set for this contract pursuant to the City’s federally required and approved DBE program. Established DBE Goal: 7.50% Committed DBE Goal: 7.52% New Atlantic Contracting, Inc. exceeded the established DBE goal, and has committed 7.52% ($848,503) of the total contract amount to the following certified firms (49 CFR Part 26): · Unitary Systems Inc. (DBE, State WBE) ($196,533) (Plumbing & HVAC supplies) · Oliver Paving Company (DBE, WBE, SBE) ($138,669) (Asphalt Paving) · Willis Carroll dba Carroll Small Repairs (DBE, State MBE) ($126,573) (Framing/Drywall/Acoustical Ceilings) · Driggers Electric and Control (DBE, SBE) ($119,000) (Electrical) · United Painting Services, Inc. (DBE, MBE, SBE) ($73,960) (Painting) · All Points Trucking (DBE, SBE) ($70,000) (Trucking) · A-1 Fence Company (DBE) ($56,282) (Fencing) · JMD Building Products (DBE, State WBE) ($47,593) (Pipe supplies) · CES Group Engineers, LLP (DBE, WBE, SBE) ($10,000) (Surveying) · Mekki Modular Systems, Inc. (DBE, MBE, SBE) ($9,893) (Flooring) City of Charlotte Page 39 Printed on 10/26/2015 City Council Business Meeting Meeting Agenda October 26, 2015 Fiscal Note Funding: CATS Community Investment Plan 44. Blue Line Extension Track and Systems Change Order Action: Approve Change Order # 9 in the amount of $7,000,000 with Balfour Beatty Infrastructure, Inc. for the LYNX Blue Line Extension project - Track and Systems construction. Staff Resource(s): John Lewis, CATS Danny Rogers, CATS Explanation § On April 14, 2014, the City Council awarded a construction contract to Balfour Beatty Infrastructure Inc. for $130,805,444.31 to perform Track and Systems construction for the Blue Line Extension (BLE) and the Blue Line Capacity Expansion projects. § Eight change orders have been processed to date for design changes that used contract contingency and did not require additional funds. Change order #9 in the amount of $7,000,000 will add funds for additional work items to be constructed by the Track and Systems contractor. § On August 24, 2015, the City Council approved an amendment to the State Full Funding Grant Agreement to provide additional improvements to the BLE Light Rail project, including an expanded maintenance capacity at the North Yard maintenance facility. The expanded maintenance facility is included in the North Yard Building contract. In addition, the North Yard expansion requires a change to the Track and Systems contract to add additional traction power substations and storage tracks. § In addition, since the award of the Track and Systems contract, staff has identified several key improvements that would provide significant benefits for safety and operational efficiency. These changes would be funded with project contingency within the Full Funding Grant Agreement funded BLE project budget. - Pedestrian gates would be added at intersections along North Tryon Street where trains are crossing at high speeds to improve pedestrian safety. - A track would be added at the North Yard to provide additional maneuverability and operational flexibility. - Hands-on training equipment would be added for rail systems maintenance, including train control, power supply, communications, vehicle interface, and track. As the only light rail operation in the state, this training tool is needed to allow technicians to learn and practice required skills. This training will improve system recovery time when equipment fails or requires adjustment. § The total estimated cost for these changes is $7,000,000. If the final cost of these changes is below this estimate, the amount will remain in contract contingency to be used if needed during construction. § The $7 million that is requested to be added to this contract will come from overall existing project contingency funds. The BLE project remains within budget. § The new total value of the contract is $137,805,444.31. Disadvantaged Business (DBE) Opportunity The additional $7 million in contract scope authorized by this change order will be held to the original contract DBE goal of 9.2%. Fiscal Note Funding: CATS Community Investment Plan City of Charlotte Page 40 Printed on 10/26/2015 City Council Business Meeting Meeting Agenda October 26, 2015 45. CATS Scheduling Software Upgrade Action: Approve a contract with Giro, Inc. for an upgrade to the HASTUS system including new modules to provide additional functionality for scheduling bus and light rail service for a total not to exceed $1,127,425. Staff Resource(s): Larry Kopf, CATS Sole Source Exemption § G.S. 143-129 (e) (6) provides that formal bidding requirements do not apply when: - Performance or price competition are not available; - A needed product is available from only one source or supply; or - Standardization or compatibility is the overriding consideration. § Sole source is necessary as Giro, Inc. is the only source available to upgrade the existing HASTUS system. § The City Council must approve purchases made under the sole source exception. Explanation § The HASTUS System is the primary tool CATS uses to maximize efficiencies affecting its largest cost driver, operator wages. § Giro, Inc. will upgrade the existing HASTUS system and provide additional software modules to automate some functions currently handled manually, such as the unionized operator assignment bidding. § The HASTUS System serves as the foundation software that most of CATS’ other technology systems coordinate with, including its customer service phone system and website, its bus stop database, and its Automatic Vehicle Location system. § An upgrade of the Hastus System software is needed as the existing 2008 version is not supported on a current server operating system. Charlotte Business INClusion This is a sole source contract and is exempt (Part A: Appendix 1.27 of the Charlotte Business INClusion Policy). Fiscal Note Funding: The project is included in the CATS Community Investment Plan budget for Fiscal Year 2016 and Fiscal Year 2017 and in the Federal Formula grants for Fiscal Year 2015 and Fiscal Year 2016. City of Charlotte Page 41 Printed on 10/26/2015 City Council Business Meeting Meeting Agenda October 26, 2015 46. Water Meter Yokes and Brass Accessories Action: Award a unit price contract to the lowest responsive bidder Fortiline Waterworks Inc. for the purchase of Water Meter Yokes and Brass Accessories for the term of two years. Staff Resource(s): Barry Shearin, Charlotte Water Explanation § Water meter yokes and brass accessories are fittings required for the installation and repair of residential and commercial water meters. § Water meter yokes and brass accessories include couplings, valves, and other fittings used to connect approximately 140 new service installations annually. § On July 17, 2015, the City issued an Invitation to Bid; four bids were received from interested service providers. § Fortiline Waterworks Inc. was selected as the lowest responsive, responsible bidder. § The company will be paid the unit prices set forth in the contract, copies which are available upon request. § The annual expenditures are estimated to be $750,000. Charlotte Business INClusion No subcontracting goal was established because there are no subcontracting opportunities (Part B: Section 2.3 of the Charlotte Business INClusion Policy). Fiscal Note Funding: Charlotte Water Operating Budget City of Charlotte Page 42 Printed on 10/26/2015 City Council Business Meeting Meeting Agenda October 26, 2015 47. Water Meter Copper Tubing Action: A. Award a unit price contract to the lowest responsive bidder Murray Supply Company for the purchase of copper tubing for a term of three years, and B. Authorize the City Manager to renew the contract for up to two additional, one-year terms. Staff Resource(s): Barry Shearin, Charlotte Water Explanation § Different sizes of copper tubing are used for installation and repair of water services. Inventory is purchased on an as-needed basis and is priced per linear foot. Copper is preferable over other piping materials because of its long life expectancy and durability. § On August 21, 2015, the City issued an Invitation to Bid; six bids were received from interested service providers. § Murray Supply Company was selected as the lowest responsive, responsible bidder. § The annual expenditures are estimated to be $200,000. § Price adjustments will be based on the Comex Price Index, on a quarterly basis due to the highly elastic nature of the copper market. Charlotte Business INClusion No subcontracting goal was established because there are no subcontracting opportunities (Part B: Section 2.3 of the Charlotte Business INClusion Policy). Fiscal Note Funding: Charlotte Water Operating Budget City of Charlotte Page 43 Printed on 10/26/2015 City Council Business Meeting Meeting Agenda October 26, 2015 48. Laboratory Microbiology Analytical Supplies Contract Action: A. Approve the purchase of laboratory supplies, as authorized by the sole source exemption of G.S. 143-129 (e)(6), B. Approve a contract with Idexx Distribution, Inc. for the purchase of microbiological laboratory supplies for the term of three years, and C. Authorize the City Manager to renew the contract for one, two-year term with possible price adjustments and to amend the contract consistent with the City’s business needs and the purpose for which the contract was approved. Staff Resource(s): Barry Shearin, Charlotte Water Sole Source Exemption § G.S. 143-129 (e) (6) provides that formal bidding requirements do not apply when: - Performance or price competition are not available; - A needed product is available from only one source or supply; or - Standardization or compatibility is the overriding consideration. § Idexx Distribution, Inc. is the sole manufacturer of Idexx analytical supplies and the sole supplier for both Idexx and Dynal analytical supplies. § The City Council must approve purchases made under the sole source exception. Explanation § Charlotte Water Laboratory Services conducts more than 250,000 water quality tests per year to protect public health and the environment. § Staff uses a specific set of complex, proprietary analytical laboratory testing equipment and materials from Idexx and Dynal to fulfill these responsibilities. § The requested Idexx and Dynal supplies are required to retain the laboratory’s regulatory agency certifications that ensure compliance with state and federal mandated water quality standards. § Annual expenditures under the contract are estimated to be $135,000. Charlotte Business INClusion This is a sole source contract and is exempt (Part A: Appendix 1.27 of the Charlotte Business INClusion Policy). Fiscal Note Funding: Charlotte Water Operating Budget City of Charlotte Page 44 Printed on 10/26/2015 City Council Business Meeting Meeting Agenda October 26, 2015 49. Sewer Degreaser - Bison 300 Action: A. Approve the purchase of Bison 300 Sewer Degreaser by piggybacking on a previously bid contract as authorized by G.S. 143-129(g), B. Approve a contract with TP Environmental Products & Services LLC for the purchase of Bison 300 Sewer Degreaser for the term of one year, 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): Barry Shearin, Charlotte Water Piggybacking Exemption § G.S. 143-129(g) allows local governments to purchase from any supplier that has, within the past 12 months, contracted to furnish the item to any federal, state or local agency. § The contract must be one that was entered into following a public, formal bid process substantially similar to the one set forth in the North Carolina statutes, and the vendor must be willing to provide the items to the City at the same or more favorable terms. Explanation § Grease in sewer lines continues to be one of the most common causes of sanitary sewer overflows. § Sewer line cleaning for grease involves washing the sewer lines via a high pressure water nozzle pulled through the sewer lines. Degreasers added to the wash water have shown to aid in providing for a more effective cleaning process. § Charlotte Water has tested several degreasers for effectiveness in dissolving grease in sewer lines during cleaning processes. The Bison product has been effective and was the lowest cost. § On December 2, 2014, the City of Raleigh issued an Invitation to Bid and awarded a contract to TP Environmental Products & Services LLC on December 9, 2014. § TP Environmental Products & Services LLC is willing to provide sewer degreaser to the City at the same or better terms as are provided in its contract with the City of Raleigh. § Staff has researched the market and believes the price and terms offered under the contract are competitive and that it is in the City’s best interest to procure Bison 300 Sewer Degreaser through the contract. § The company will be paid $16.35 per gallon for the initial term. § Annual expenditures are estimated to be $110,000. Charlotte Business INClusion This contract is being purchased off an existing contract as a piggybacking contract, and is exempt (Part A: Appendix 1.27 of the Charlotte Business INClusion Policy). Fiscal Note Funding: Charlotte Water Operating Budget City of Charlotte Page 45 Printed on 10/26/2015 City Council Business Meeting Meeting Agenda October 26, 2015 50. Phosphate Feed System Chemical Storage Tanks Action: Award a contract in the amount of $116,480 to the lowest responsive bidder Edwards Fiberglass Inc. for the purchase of Phosphate Feed System Chemical Storage Tanks. Staff Resource(s): Barry Shearin, Charlotte Water Explanation § Charlotte Water conducted a year-long pilot study on different types of water treatment chemicals to maintain compliance with updated drinking water regulations with emphasis on improving corrosion characteristics of the water for the EPA Lead and Copper Rule. § Based on the study results, Charlotte Water plans to implement a new process for treating water to lessen the corrosion characteristics of the water on the pipes in the system and homes. The existing process used over the past several decades was to raise the pH of the water; the new process will be the addition of a phosphate compound in lieu of the higher pH. § In response to recent changes in the lake water quality whereby increased bromide levels have increased the level of disinfection by-products being formed in the finished water, the implementation of this project is being accelerated. This will allow a lower pH in the drinking water improving both the corrosion characteristics and the disinfection by-products levels in the water. § This proposed phosphate treatment process is currently used by approximately 40% of the water plants in the State of North Carolina and is considered a Best Available Technology for corrosion treatment. This process change will improve overall water quality and also provide for additional improvements in meeting other federal regulations. § On September 9, 2015, the proposed process change was presented to the Environment Committee as part of a presentation on water quality. § The process change will require nine tanks, ranging in size from 400 gallons to 15,000 gallons, for chemical storage. § In an effort to reduce the overall project schedule, the tanks, which have a long lead time, are being procured now to ensure their availability at the time of construction. § The construction and chemical contracts will be presented to the City Council in early 2016. § On September 23, 2015, the City issued an Invitation to Bid for the phosphate feed system chemical storage tanks; four bids were received from interested providers. § Edwards Fiberglass Inc. was selected as the lowest responsive, responsible bidder. Charlotte Business INClusion No subcontracting goal was established because there are no subcontracting opportunities (Part B: Section 2.3 of the Charlotte Business INClusion Policy). Fiscal Note Funding: Charlotte Water Community Investment Plan City of Charlotte Page 46 Printed on 10/26/2015 City Council Business Meeting Meeting Agenda October 26, 2015 51. Water and Wastewater Chemical: Hydrated Lime Action: Award a unit price contract to the lowest responsive bidder Lhoist North America, Inc. for the purchase of hydrated lime for up to nine months. Staff Resource(s): Barry Shearin, Charlotte Water Explanation § The contract will provide hydrated lime to Charlotte Water for the purpose of adjusting the alkalinity and pH of treated, potable water in order to achieve optimal corrosion control within the water distribution system. § The use of hydrated lime to adjust pH in drinking water is an industry standard treatment method and improves overall water quality. § The proper dosage of hydrated lime protects the interior surface of the pipes within the distribution system, enabling Charlotte Water to comply with the specifications of the Environmental Protection Agency’s Lead and Copper Rule and associated water quality parameters. § Charlotte Water estimates 1,800 tons will be required over the course of the next nine months. § On September 21, 2015, the City issued an Invitation to Bid; three bids were received from interested chemical providers. § Lhoist North America, Inc. was selected as the lowest responsive, responsible bidder. § The company will be paid the unit cost of $144.76 per ton as set forth in the contract. § Estimated expenditures for the nine months are $260,568. § The contract is only being established for up to nine months because Charlotte Water will be consolidating all chemical contracts and will re-solicit for best unit price next calendar year. Charlotte Business INClusion No subcontracting goal was established because there are no subcontracting opportunities (Part B: Section 2.3 of the Charlotte Business INClusion Policy). Fiscal Note Funding: Charlotte Water Operating Budget City of Charlotte Page 47 Printed on 10/26/2015 City Council Business Meeting Meeting Agenda October 26, 2015 52. Flow Monitoring Services and Procurement Action: A. Approve a contract with Frazier Engineering, P.A. for temporary and permanent flow monitoring services and procurement for an initial term of two years, and B. Authorize the City Manager to renew the contract for up to three additional, one-year terms and to amend the contract consistent with the City’s business needs and the purpose for which the contract was approved. Staff Resource(s): Barry Shearin, Charlotte Water Explanation § The contract provides for the supply, installation, maintenance, monitoring, and reporting of flow meters and rain gauges at temporary and permanent locations throughout the sanitary sewer system. § Flow monitoring is a vital component of regulatory compliance that ensures adequate sanitary sewer system capacity is maintained. § The company will be paid the unit prices set forth in the contract, which are available upon request. § On September 9, 2015, the City issued a Request for Proposal (RFP) for temporary and permanent flow monitoring services and procurement. In response to the RFP, the City received three proposals from interested service providers. § Charlotte Water staff evaluated the proposals and determined that Frazier Engineering, P.A. best meets the City’s needs in terms of qualifications, experience, cost, and responsiveness to RFP requirements. § Estimated contract expenditures are $1,200,000 for the first term and $500,000 per renewal thereafter. Charlotte Business INClusion The City negotiated subcontracting participation after the proposal selection process (Part C: Section 2.1(h) of the Charlotte Business INClusion Policy). For this contract, Frazier Engineering, P.A. has committed 7.00% ($84,000) of the initial contract term to the following certified firm: · Gavel and Dorn Engineering, PLLC (SBE) ($84,000) (field operations and analysis assistance) Fiscal Note Funding: Charlotte Water Community Investment Plan City of Charlotte Page 48 Printed on 10/26/2015 City Council Business Meeting Meeting Agenda October 26, 2015 53. On-Call Fencing Installation and Repair Services Action: A. Approve contracts with the following companies for on-call fencing installation and repair services for an initial term of three years: - Hartsell Brothers Fence Company, Inc., - Maybury Fencing, Inc., and B. Authorize the City Manager to renew the contracts for up to two additional, one-year terms with possible price adjustments and to amend the contracts consistent with the City’s business needs and the purpose for which the contracts were approved. Staff Resource(s): Robert Campbell, Management and Financial Services Jack Christine, Aviation Barry Gullet, Charlotte Water Explanation § The City requires on-call fencing installation and repair services for the Charlotte Douglas International Airport, the Charlotte Water Department, and other City Departments. § Fencing installation and repair services are needed to meet security requirements and ensure the protection of facilities and property while also providing safety in areas with limited or prohibited access. § Fencing installation and repair services may also be required from time to time in association with right-of-way projects. § On August 4, 2015, the City issued a Request for Proposals (RFP) and received three proposals from interested service providers. § The Project Team, consisting of staff from the Aviation Department, Charlotte Water Department, and Management and Financial Services evaluated the proposals and determined that Hartsell Brothers Fence Company, Inc. and Maybury Fencing, Inc. best meet the City’s needs in terms of qualifications, experience, cost, and responsiveness to RFP requirements. § Multiple contracts for on-call fencing installation and repair services are recommended to ensure adequate resources are available to meet the City’s needs. § The companies will be required to respond on site within six hours of receiving notification by the City for all emergency security issues that require repair or installation of fence and/or gates. § It is anticipated that emergency security issues will constitute approximately 10% of the overall scope of the work to be completed. § All other repairs or installations require a 24-hour response. § The companies will be paid the unit prices set forth in the contract, a copy of which is available upon request. § Materials pricing with the currently proposed Aviation contract decreased 22% in comparison to the previous contract. § Staff anticipates renewing the contract for up to two additional, one-year terms at prices to be negotiated based on market conditions. § Estimated contract expenditures for all contracts are $320,000 annually. Charlotte Business INClusion No subcontracting goal was established because there are no subcontracting opportunities (Part C: Section 2.1(a) of the Charlotte Business INClusion Policy). One of the firms selected, Maybury Fencing Inc., is a City SBE and WBE. Fiscal Note Funding: Various Departments’ Operating and Capital Budgets City of Charlotte Page 49 Printed on 10/26/2015 City Council Business Meeting Meeting Agenda October 26, 2015 54. Airport Firefighting Vehicle Acquisition Action: A. Award a unit price contract to Oshkosh Airport Products LLC for the purchase of Airport Rescue Firefighting Vehicles for the term of three years, B. Authorize the City Manager to renew the contract for up to two, one-year extensions 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, and C. Adopt a budget ordinance appropriating $636,782 from the Aviation Discretionary Fund to the Aviation Community Investment Plan Fund. Staff Resource(s): Jack Christine, Aviation Explanation § The Airport is required by Federal Aviation Regulations (FAR) to provide Aircraft Rescue and Fire Fighting (ARFF) equipment on the airfield for aircraft operations. Charlotte Fire Department staffs the two stations located on the Airport’s airfield. § The amount of ARFF equipment required is determined by an index based on the size and frequency of aircraft operating at the airport. Based on current operations, the Airport is required to have at least three ARFF vehicles on scene with a combined water capacity of at least 4,000 gallons and 500 lbs. of extinguishing agent. In an emergency, the first vehicle must arrive at the scene within three minutes and the other two vehicles within four minutes. § The current ARFF vehicle being replaced is over 20 years old and has reached the end of its useful life. - This vehicle was approved as part of the City’s Fiscal Year 2016 Capital Equipment Replacement List. - The total estimated cost per unit during the five year period is less than $800,000. § On August 12, 2015, the Aviation Department issued an Invitation to Bid for the ARFF vehicles; two bids were received from interested service providers. § Oshkosh Airport Products LLC was the lowest responsive, responsible bidder. § The unit prices are set forth in the proposed contract and are available upon request. § The Airport intends to seek reimbursement for 75% of the equipment cost from a Federal Aviation Administration Airport Improvement Program Grant. The remainder will be paid for with Passenger Facility Charges (PFC) and/or airport discretionary funds. Charlotte Business INClusion No subcontracting goal was established because there are no subcontracting opportunities (Part B: Section 2.3 of the Charlotte Business INClusion Policy). Fiscal Note Funding: Aviation Community Investment Plan The Aviation Department intends to seek Federal Aviation Administration approval to use PFC funds to pay for the additional PFC-eligible costs of this projects in PFC Application #6. Attachment Budget Ordinance Budget Ordinance - Airport Firefighting Vehicle Acquisition City of Charlotte Page 50 Printed on 10/26/2015 City Council Business Meeting Meeting Agenda October 26, 2015 55. Airport Passenger Facility Charge Application #5 Appropriation Action: Adopt a budget ordinance appropriating $18,376,723 from the Passenger Facility Charge Fund to the Aviation Community Investment Plan for approved projects in application number 15-05-C-00-CLT. Staff Resource(s) Brent Cagle, Aviation Explanation § In accordance with Federal Aviation Regulations, the Federal Aviation Administration (FAA) issued a Final Agency Decision on December 23, 2014, authorizing Charlotte Douglas International Airport (CLT) to impose a $3.00 Passenger Facility Charge (PFC) for projects approved in its 5th PFC Application (application number 15-05-C-00-CLT). § The PFC Application #5 included the approval to impose and use $67,659,044 in Passenger Facility Charge revenues on 26 projects on a pay-as-you-go basis. The City Council has previously approved a total of $49,282,321 for appropriation through budget ordinances tied to contracts. § The FAA has approved the Airport to collect the PFC through the estimated expiration date of March 1, 2023, or until the total net PFC revenue collected plus interest thereon equals the allowable costs of the approved projects for all outstanding PFC Applications. § Projects included in PFC Application #5, which require appropriation by this proposed action, include: - Taxiway A Rehabilitation; - Taxiway D Rehabilitation; - Taxiway M North Rehabilitation; - Master Plan Update - Airfield Capacity Enhancement Plans; - Noise Exposure Maps; - Baggage Makeup Improvements; - ARFF Quick Response Vehicles; - Security Access Improvements; - Concourse E Jet Bridges; - PFC Application Development; and - Passenger Boarding Bridges. Attachment Budget Ordinance Budget Ordinance - Airport Passenger Facility Charge Application #5 City of Charlotte Page 51 Printed on 10/26/2015 City Council Business Meeting Meeting Agenda October 26, 2015 56. Airport Project Management Services Action: A. Approve a professional services contract with T.Y. Lin International for project management and construction administration for a term of three years, B. Authorize the City Manager to renew the contract for up to two additional, one-year extensions 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, and C. Adopt a budget ordinance appropriating $3,100,000 from the Aviation Discretionary Fund to the Aviation Community Investment Plan Fund. Staff Resource(s): Jack Christine, Aviation Explanation § The contract will provide three project managers to assist Aviation with the implementation of the Aviation Capital Improvement Program. § This will be a three year contract with two one-year extensions. § On August 31, 2015, Aviation issued a Request for Qualifications for project management services; three proposals were received from interested service providers. § The Aviation Department selected T.Y. Lin International for this project based on their past project management experience with similar airport projects. § The project will be funded with Aviation Discretionary Funds, which will be reimbursed with Passenger Facility Charge revenues based on eligibility. § The total estimated amount of the contract over the initial term is $3,100,000. Disadvantaged Business Enterprise No goal was set for this contract because there are no subcontracting opportunities Fiscal Note Funding: Aviation Community Investment Plan The Aviation Department intends to seek Federal Aviation Administration approval to use Passenger Facility Charge (PFC) funds to pay for the additional PFC-eligible costs of these projects in PFC Application #6. Attachment Budget Ordinance Budget Ordinance - Airport Project Management Services City of Charlotte Page 52 Printed on 10/26/2015 City Council Business Meeting Meeting Agenda October 26, 2015 57. Vacall Equipment Original Equipment Manufacturing Parts and Service Action: A. Approve the purchase of Vacall Equipment Parts and Service, as authorized by the sole source exemption of G.S. 143-129 (e)(6), B. Approve a contract with Rodders and Jets Supply Company, for the purchase of Vacall Equipment Parts and Service for the term of three years and, C. Authorize the City Manager to renew the contract for up to two additional, one-year terms with possible price adjustments and to amend the contract consistent with the City’s business needs and the purpose for which the contract was approved. Staff Resource(s): Chris Trull, Management and Financial Services Sole Source Exemption § G.S. 143-129 (e) (6) provides that formal bidding requirements do not apply when: - Performance or price competition are not available; - A needed product is available from only one source or supply; or - Standardization or compatibility is the overriding consideration. § Sole sourcing is necessary for this contract because there is only one supply source. § The City Council must approve purchases made under the sole source exception. Explanation § The City currently operates multiple Vacall Combination Jet & Vacuum Trucks that are used for maintaining water and sewer lines. § The equipment is specialized and cannot be serviced or maintained without the proper parts, training, and tooling. § Vacall warranties require original equipment manufacturer (OEM) parts for all maintenance and repairs. OEM parts are also required to retain factory training, failure analysis, and diagnostic/technical support. § Rodders and Jets Supply Company is the exclusive authorized distributor of Vacall equipment parts and warranty services for the Charlotte area. § Annual expenditures under the contract are estimated to be $150,000. Charlotte Business INClusion This is a sole source contract and is exempt (Part A: Appendix 1.27 of the Charlotte Business INClusion Policy). Fiscal Note Funding: Management and Financial Services Operating Budget City of Charlotte Page 53 Printed on 10/26/2015 City Council Business Meeting Meeting Agenda October 26, 2015 58. Refund of Property Taxes Action: Adopt a resolution authorizing the refund of property taxes assessed through clerical or assessor error in the amount of $29,714.77. Staff Resource(s): Robert Campbell, Management & Financial Services Explanation Notification of Property Tax refunds due to clerical or assessor error are provided to the City by Mecklenburg County. Pearson Review Update § In accordance with the ordinance approved by the City Council on August 25, 2014, and North Carolina law, a list of refunds, which have been paid since the last City Council Business Meeting as a result of the Pearson Review, is available at the City Clerk’s Office upon request. § The amount of Pearson Review refunds paid since the last City Council Business Agenda Meeting on September 28, 2015, totaled $1,435,925.53. Fiscal Note Funding: Not Applicable Attachment List of Property Tax Refunds and Resolution Property Tax Refund Requests and Resolution 59. Resolution of Intent to Abandon an Unopened Alleyway off of N. Davidson Street Action: A. Adopt a Resolution of Intent to abandon an unopened alleyway off of N. Davidson Street, and B. Set a public hearing for November 23, 2015. Staff Resource(s): Jeff Boenisch, Transportation Explanation § The unopened alleyway off of N. Davidson Street is located in Council District 1. Attachment Map Resolution City Council Map alley off of N. Davidson Street Resolution of Intent to Close an unopened alleyway off of N. Davidson Street City of Charlotte Page 54 Printed on 10/26/2015 City Council Business Meeting Meeting Agenda October 26, 2015 60. Resolution of Intent to Abandon an Unopened Portion of Oak Street Action: A. Adopt a Resolution of Intent to abandon an unopened portion of Oak Street, and B. Set a public hearing for November 23, 2015. Staff Resource(s): Jeff Boenisch, Transportation Explanation § The unopened portion of Oak Street is located in Council District 2. Attachment Map Resolution City Council Map Oak Street Resolution of Intent to Close a portion of Oak Street 61. Resolution of Intent to Abandon Cecil Street Action: A. Adopt a Resolution of Intent to abandon Cecil Street, and B. Set a public hearing for November 23, 2015. Staff Resource(s): Jeff Boenisch, Transportation Explanation § Cecil Street is located in Council District 1. Attachment Map Resolution City Council Map Cecil Street Resolution of Intent to Close Cecil Street City of Charlotte Page 55 Printed on 10/26/2015 City Council Business Meeting Meeting Agenda October 26, 2015 62. Resolution of Intent to Abandon a Portion of Greenwood Cliff Action: A. Adopt a Resolution of Intent to abandon a portion of Greenwood Cliff, and B. Set a public hearing for November 23, 2015. Staff Resource(s): Jeff Boenisch, Transportation Explanation § The portion of Greenwood Cliff is located in Council District 1. Attachment Map Resolution City Council Map Greenwood Cliff Resolution of Intent to Close a portion of Greenwood Cliff 63. Meeting Minutes Action: Approve the titles, motions, and votes reflected in the Clerk’s record as the minutes of: - September 28, 2015, Business Meeting and Citizens’ Forum Staff Resource(s): Bianca Payne, City Clerk’s Office City of Charlotte Page 56 Printed on 10/26/2015 City Council Business Meeting Meeting Agenda October 26, 2015 64. In Rem Remedy: 2827 Lake Avenue For In Rem Remedy, the public purpose and policy are outlined here. Public Purpose: § Eliminate a blighting influence. § Reduce the proportion of substandard housing. § Increase tax value of property by making land available for potential infill housing development. § Support public safety initiatives. Policy: § Housing & Neighborhood Development and Community Safety The In Rem Remedy items were initiated from 3 categories: 1. Public Safety - Police and/or Fire Dept. 2. Complaint - petition by citizens, tenant complaint or public agency referral 3. Field Observation - concentrated code enforcement program The In Rem Remedy item is listed below by category identifying the street address and neighborhood. Field Observation: 2827 Lake Avenue Action: Adopt an Ordinance authorizing the use of In Rem Remedy to demolish and remove the structure at 2827 Lake Avenue (Neighborhood Profile Area 293). Attachment In Rem Remedy 2827 Lake Ave.pdf City of Charlotte Page 57 Printed on 10/26/2015 City Council Business Meeting Meeting Agenda October 26, 2015 65. In Rem Remedy: 3715 Oakwood Road For In Rem Remedy, the public purpose and policy are outlined here. Public Purpose: § Eliminate a blighting influence. § Reduce the proportion of substandard housing. § Increase tax value of property by making land available for potential infill housing development. § Support public safety initiatives. Policy: § Housing & Neighborhood Development and Community Safety The In Rem Remedy items were initiated from 3 categories: 1. Public Safety - Police and/or Fire Dept. 2. Complaint - petition by citizens, tenant complaint or public agency referral 3. Field Observation - concentrated code enforcement program The In Rem Remedy item is listed below by category identifying the street address and neighborhood. Field Observation: 3715 Oakwood Road Action: Adopt an Ordinance authorizing the use of In Rem Remedy to demolish and remove the structure at 3715 Oakwood Road (Neighborhood Profile Area 237). Attachment In Rem Remedy 3715 Oakwood Rd.pdf City of Charlotte Page 58 Printed on 10/26/2015 City Council Business Meeting Meeting Agenda October 26, 2015 66. In Rem Remedy: 7409 Pence Road For In Rem Remedy, the public purpose and policy are outlined here. Public Purpose: § Eliminate a blighting influence. § Reduce the proportion of substandard housing. § Increase tax value of property by making land available for potential infill housing development. § Support public safety initiatives. Policy: § Housing & Neighborhood Development and Community Safety The In Rem Remedy items were initiated from 3 categories: 1. Public Safety - Police and/or Fire Dept. 2. Complaint - petition by citizens, tenant complaint or public agency referral 3. Field Observation - concentrated code enforcement program The In Rem Remedy item is listed below by category identifying the street address and neighborhood. Public Safety: 7409 Pence Road Action: Adopt an Ordinance authorizing the use of In Rem Remedy to demolish and remove the structure at 7409 Pence Road (Neighborhood Profile Area 162). Attachment In Rem Remedy 7409 Pence Rd.pdf City of Charlotte Page 59 Printed on 10/26/2015 City Council Business Meeting Meeting Agenda October 26, 2015 67. In Rem Remedy: 8233 Four Sisters Lane For In Rem Remedy, the public purpose and policy are outlined here. Public Purpose: § Eliminate a blighting influence. § Reduce the proportion of substandard housing. § Increase tax value of property by making land available for potential infill housing development. § Support public safety initiatives. Policy: § Housing & Neighborhood Development and Community Safety The In Rem Remedy items were initiated from 3 categories: 1. Public Safety - Police and/or Fire Dept. 2. Complaint - petition by citizens, tenant complaint or public agency referral 3. Field Observation - concentrated code enforcement program The In Rem Remedy item is listed below by category identifying the street address and neighborhood. Public Safety: 8233 Four Sisters Lane Action: Adopt an Ordinance authorizing the use of In Rem Remedy to demolish and remove the structure at 8233 Four Sisters Lane (Neighborhood Profile Area 242). Attachment In Rem Remedy 8233 Four Sisters Ln.pdf City of Charlotte Page 60 Printed on 10/26/2015 City Council Business Meeting Meeting Agenda October 26, 2015 68. In Rem Remedy: 1809/1811 Vinton Street For In Rem Remedy, the public purpose and policy are outlined here. Public Purpose: § Eliminate a blighting influence. § Reduce the proportion of substandard housing. § Increase tax value of property by making land available for potential infill housing development. § Support public safety initiatives. Policy: § Housing & Neighborhood Development and Community Safety The In Rem Remedy items were initiated from 3 categories: 1. Public Safety - Police and/or Fire Dept. 2. Complaint - petition by citizens, tenant complaint or public agency referral 3. Field Observation - concentrated code enforcement program The In Rem Remedy item is listed below by category identifying the street address and neighborhood. Field Observation: 1809/1811 Vinton Street Action: Adopt an Ordinance authorizing the use of In Rem Remedy to demolish and remove the structure at 1809/1811 Vinton Street (Neighborhood Profile Area 311). Attachment In Rem Remedy 1809 1811 Vinton St.pdf 69. Aviation Property Transaction - 8219 Douglas Drive Action: Approve the following property acquisition. Project: Aviation Land Acquisition Owner(s): Chantelle & Derek Loftin Property Address: Vacant Lot Markswood Road Total Parcel Area: .964 acres Property to be acquired in Fee: .964 acres Property to be acquired by Easements: N/A Structures/Improvements to be impacted: Single Family Home Landscaping to be impacted: Trees and shrubs Zoned: R-3 Use: Single Family Residential Tax Code: 141-093-02 Purchase Price: $188,000 Council District: 3 City of Charlotte Page 61 Printed on 10/26/2015 City Council Business Meeting Meeting Agenda October 26, 2015 70. Aviation Property Transaction - 9316 Dorcas Lane Action: Approve the following property acquisition. Project: Aviation Land Acquisition Owner(s): Velda Mae Williams Property Address: 9316 Dorcas Lane Total Parcel Area: .470 acres Property to be acquired in Fee: .470 acres Property to be acquired by Easements: N/A Structures/Improvements to be impacted: Single Family Home Landscaping to be impacted: Trees and shrubs Zoned: R-3 Use: Single-family Residential Tax Code: 141-261-76 Purchase Price: $140,000 Council District: N/A 71. Aviation Property Transaction - 9626 Markswood Road Action: Approve the following property acquisition. Project: Aviation Land Acquisition Owner(s): John & Amanda McVey Property Address: 9626 Markswood Road Total Parcel Area: 2.385 acres (1.095 & 1.29 acres) Property to be acquired in Fee: 2.385 acres (1.095 & 1.29 acres) Property to be acquired by Easements: N/A Structures/Improvements to be impacted: Single-family Home Landscaping to be impacted: Trees and shrubs Zoned: R-3 Use: Single-family Residential Tax Code: 141-261-24 & 141-261-88 Purchase Price: $245,900 Council District: N/A City of Charlotte Page 62 Printed on 10/26/2015 City Council Business Meeting Meeting Agenda October 26, 2015 72. Aviation Property Transaction - Vacant Lot Markswood Road Action: Approve the following property acquisition. Project: Aviation Land Acquisition Owner(s): John & Amanda McVey Property Address: Vacant Lot Markswood Road Total Parcel Area: 1.123 acres Property to be acquired in Fee: 1.123 acres Property to be acquired by Easements: N/A Structures/Improvements to be impacted: N/A Landscaping to be impacted: Trees and shrubs Zoned: R-3 Use: Single-family Residential Tax Code: 141-261-87 Purchase Price: $20,000 Council District: N/A 73. Property Transactions - 25th Street Connection, Parcel #2 Action: Approve the following Acquisition: 25th Street Connection, Parcel #2 Project: 25th Street Connection, Parcel #2 Owners: Paul Henry Hochartz Property Address: 411 East 25th Street Total Parcel Area: 3,978 sq. ft. (.091 ac.) Property to be acquired by Fee: 160 sq. ft. (.004 ac.) in Fee Simple Property to be acquired by Easement: 634 sq. ft. (.015 ac.) in Sidewalk and Utility Easement, plus 3,184 sq. ft. (.073 ac.) in Temporary Construction Easement Structures/Improvements to be impacted: Single-family dwelling Landscaping to be impacted: Trees Zoned: I-2 Use: Industrial Tax Code: 083-053-05 Purchase Price: $72,450 Council District: 1 City of Charlotte Page 63 Printed on 10/26/2015 City Council Business Meeting Meeting Agenda October 26, 2015 74. Property Transactions - 25th Street Connection, Parcel #3 Action: Approve the following Acquisition: 25th Street Connection, Parcel #3 Project: 25th Street Connection, Parcel #3 Owners: William Caldwell Property Address: 413 East 25th Street Total Parcel Area: 3,982 sq. ft. (.091 ac.) Property to be acquired by Fee: 160 sq. ft. (.004 ac.) in Fee Simple Property to be acquired by Easement: 555 sq. ft. (.013 ac.) in Sidewalk and Utility Easement, plus 2,448 sq. ft. (.056 ac.) in Temporary Construction Easement Structures/Improvements to be impacted: Single-family dwelling Landscaping to be impacted: Trees Zoned: I-2 Use: Industrial Tax Code: 083-053-06 Purchase Price: $61,375 Council District: 1 75. Property Transactions - Lilly Mill Drainage Improvements, Parcel #51 Action: Approve the following Acquisition: Lilly Mill Drainage Improvements, Parcel #51 Project: Lilly Mill Drainage Improvements, Parcel #51 Program: Flood Control Owners: Steven J. Richards Property Address: 2830 Huntingtowne Farms Lane Total Parcel Area: 17,547 sq. ft. (.403 ac.) Property to be acquired by Easement: 4,485 sq. ft. (.103 ac.) in Storm Drainage Easement, plus 3,107 sq. ft. (.071 ac.) in Temporary Construction Easement Structures/Improvements to be impacted: None Landscaping to be impacted: Trees and various plantings Zoned: R-3 Use: Single-family Residential Tax Code: 173-221-95 Purchase Price: $15,000 Council District: 6 City of Charlotte Page 64 Printed on 10/26/2015 City Council Business Meeting Meeting Agenda October 26, 2015 76. Property Transactions - Brawley Lane 9600 Sanitary Sewer, Parcel #2 Action: Approve the following Condemnation: Brawley Lane 9600 Sanitary Sewer, Parcel; #2 Project: Brawley Lane 9600 Sanitary Sewer, Parcel #2 Owners: Brawley Farms Homeowners Association, Inc. Property Address: 9515 Brawley Lane Total Parcel Area: 64,590 sq. ft. (1.483 acres) Property to be acquired by Easement: 4,471 sq. ft. (.103 ac.) in Sanitary Sewer Easement, plus 3,288 sq. ft. (.075 ac.) in Temporary Construction Easement Structures/Improvements to be impacted: None Landscaping to be impacted: Trees and various plantings Zoned: R-3 (CD) Use: Single-family Residential - Common Tax Code: 111-021-07 Appraised Value: $5,475 Outstanding Concerns: The property owner has no concerns with the project. Their attorney is currently reviewing conveyance documents. 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 77. Property Transactions - Shamrock Gardens Neighborhood Improvement Project, Parcel #51.1 Action: Approve the following Condemnation: Shamrock Gardens Neighborhood Improvement Project, Parcel #51.1 Project: Shamrock Gardens Neighborhood Improvement Project, Parcel #51.1 Owners: W.D. Austin, Jr. Property Address: 2826 Palm Avenue Total Parcel Area: 19,000 sq. ft. (.436 ac.) Property to be acquired by Easement: 1,950 sq. ft. (.045 ac.) in Storm Drainage Easement, plus 1,370 sq. ft. (.031 ac.) in Temporary Construction Easement Structures/Improvements to be impacted: None Landscaping to be impacted: None Zoned: R-4 Use: Single-family Residential Appraised Value: $2,050 Property Owner’s Concerns: The property owners are concerned the project will damage their existing septic system and that an existing tree will be impacted during construction. The owners do not feel that the project is warranted. City’s Response to Property Owner’s Concerns: Staff responded to the property owner explaining that the tree and the septic system 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 65 Printed on 10/26/2015 City Council Business Meeting Meeting Agenda October 26, 2015 REFERENCES 78. Reference - Property Transaction Process Property Transaction Process Following Council Approval for Condemnation The following overview is intended to provide further explanation for the process of property transactions that are approved by City Council for condemnation. Approximately six weeks of preparatory work is required before the condemnation lawsuit is filed. During this time, City staff continues to negotiate with the property owner in an effort to reach a mutual settlement. § If a settlement is reached, the condemnation process is stopped, and the property transaction proceeds to a real estate closing. § If a settlement cannot be reached, the condemnation lawsuit is filed. Even after filing, negotiations continue between the property owner and the City’s legal representative. Filing of the condemnation documents allows: - The City to gain access and title to the subject property so the capital project can proceed on schedule. - The City to deposit the appraised value of the property in an escrow account with the Clerk of Court. These funds may be withdrawn by the property owner immediately upon filing, and at any time thereafter, with the understanding that additional funds transfer may be required at the time of final settlement or at the conclusion of litigation. § If a condemnation lawsuit is filed, the final trial may not occur for 18 to 24 months; however, a vast majority of the cases settle prior to final trial. The City’s condemnation attorney remains actively engaged with the property owner to continue negotiations throughout litigation. - North Carolina law requires that all condemnation cases go through formal non-binding mediation, at which an independent certified mediator attempts to facilitate a successful settlement. For the minority of cases that do not settle, the property owner has the right to a trial by judge or jury in order to determine the amount of compensation the property owner will receive. City of Charlotte Page 66 Printed on 10/26/2015 City Council Business Meeting Meeting Agenda October 26, 2015 79. Reference - Property Acquisitions and Condemnations § The City has negotiated in good faith to acquire the properties set forth below § For acquisitions, the property owner and staff have agreed on a price based on appraisals and/or estimates. § In the case of condemnations, the value was established by an independent, certified appraisal followed by a third-party appraisal review. § Real Estate staff diligently attempts to contact all property owners by: - Sending introductory letters via regular and certified mail; - Making several site visits; - Leaving door hangers and business cards; - Seeking information from neighbors; - Searching the internet - Obtaining title abstracts, and - Leave voice messages § For most condemnation cases, City staff and the property owner(s) have been unable to reach a settlement. In some cases, condemnation is necessary to ensure a clear title to the property. § If the City Council approves the resolutions, the City Attorney’s office will initiate condemnation proceedings. As part of the condemnation process, real estate staff and the City Attorney’s Office will continue to negotiate, including court-mandated mediation, in an attempt to resolve the matter. Most condemnation cases are settled by the parties prior to going to court. § If a settlement cannot be reached, the case will proceed to a trial before a judge or jury to determine “just compensation.” § Full text of each resolution is on file with the City Clerk’s Office. § The definition of easement is a right created by grant, reservation, agreement, prescription, or necessary implication, which one has in the land of another, it is either for the benefit of land, such as right to cross A to get to B, or “in gross”, such as public utility easement. § The definition of fee simple is an estate under which the owner is entitled to unrestricted powers to dispose of the property, and which can be left by will or inherited, commonly, synonym for ownership. City of Charlotte Page 67 Printed on 10/26/2015 City Council Business Meeting Meeting Agenda October 26, 2015 80. 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 68 Printed on 10/26/2015 City Council Business Meeting Meeting Agenda October 26, 2015 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 69 Printed on 10/26/2015 City Council Business Meeting Meeting Agenda October 26, 2015 U.S. Department of Justice DNA Capacity Enhancement and Backlog Reduction Program Grant Action: A. Accept a grant from the U.S. Department of Justice in the amount of $298,220 to fund four personnel for the Charlotte-Mecklenburg Police Department DNA lab, and B. Adopt a budget ordinance appropriating $298,220 in grant funds from the U.S. Department of Justice. Staff Resource(s): Mike Smathers, Police Matthew Mathis, Police Explanation § The Charlotte-Mecklenburg Police Department (CMPD) has received a grant from the U.S. Department of Justice DNA Capacity Enhancement and Backlog Reduction Program. - The City of Charlotte has received a DNA Capacity Enhancement and Backlog Reduction Program grant annually since 2006. - The City of Charlotte must accept this award by November 2, 2015. - This grant award is for the performance of DNA analysis on current and active cases. § The City of Charlotte recently received a grant from the New York County District Attorney’s Office to outsource for testing 885 unprocessed sexual assault kits. § The grant funds four existing positions in CMPD’s Crime Lab Biology Section, which is designed to help minimize backlog of cases with DNA evidence that is awaiting analysis. - $139,700 will fund two DNA analysts for 13 months. - $53,900 will fund one DNA analyst trainee for 13 months. At the completion of the training period, the analyst will be qualified to assume full DNA analysis duties. - $47,586 will fund a DNA laboratory technician for 13 months. The lab technician reviews requests for DNA analysis, conducts quality control checks of instruments, makes necessary repairs, and prepares reagents (chemicals) for testing. - $49,017 will fund the fringe benefits for the four positions during the grant period. - $8,017 will fund a quality assurance audit that is required by the Federal Bureau of Investigation for all laboratories participating in the Combined DNA Index System (CODIS). - These four existing grant positions currently are funded by the U.S. Department of Justice’s FY14 DNA Backlog Reduction grant. § Funding for these positions is calculated annually with the expectation that successive grants will fund the cost of the four positions. - The 24 month grant period is from January 1, 2016, to December 31, 2017. Salaries are guaranteed for 13 months based on available funding. Fiscal Note Funding: U.S. Department of Justice DNA Backlog Reduction Program Grant Attachment Budget Ordinance CMPDOrd102615-USDOJ DNA Grant City of Charlotte Page 70 Printed on 10/26/2015