City Council Business Meeting

City of Charlotte Charlotte-Mecklenburg Government Center 600 East 4th Street Charlotte, NC 28202 Meeting Agenda Monday, May 23, 2016 Council Chambers City Council Business Meeting Mayor Jennifer W. Roberts Mayor Pro Tem Vi Lyles Council Member Al Austin Council Member John Autry Council Member Ed Driggs Council Member Julie Eiselt Council Member Claire Fallon Council Member Patsy Kinsey Council Member LaWana Mayfield Council Member James Mitchell Council Member Greg Phipps Council Member Kenny Smith City Council Business Meeting Meeting Agenda May 23, 2016 5:00 P.M. DINNER BRIEFING, CHARLOTTE-MECKLENBURG GOVERNMENT CENTER, ROOM 267 1. Mayor and Council Consent Item Questions Staff Resource(s): Hyong Yi, City Manager’s Office Time: 5 minutes Synopsis: Mayor and Council may ask questions about Consent agenda items. Staff will address questions at the end of the dinner meeting. 1a. Economic Impacts of House Bill 2 Staff Resource(s): Ron Carlee, City Manager’s Office Ron Kimble, City Manager’s Office Bob Hagemann, City Attorney’s Office Explanation Consistent with the request at the May 16 Zoning Meeting, materials will be distributed at the May 23 Dinner Briefing on the economic impacts of House Bill 2. 2. Neighborhood Exchange & Leadership Awards Committee Chair LaWana Mayfield Staff Resource(s): Keith Richardson, Neighborhood & Business Services Time: 15 minutes Explanation § Staff will provide an update on the planning for the Neighborhood Exchange & Leadership Awards Program, scheduled for Saturday, October 1, 2016, at the Charlotte Convention Center. The program is an enhancement of the Neighborhood Leadership Awards event, which promotes shared learning opportunities and honors the accomplishments of leaders in Charlotte’s neighborhoods. § In addition to a new brand that emphasizes networking and the exchange of ideas, the program will feature expanded panel discussions and training opportunities, as well as a vendor and exhibit hall for participants. Future Action The presentation is for information only. City of Charlotte Page 2 Printed on 5/23/2016 City Council Business Meeting Meeting Agenda May 23, 2016 3. Answers to Mayor and Council Consent Item Questions Staff Resource(s): Hyong Yi, City Manager’s Office Time: 10 minutes Synopsis Staff responses to questions from the beginning of the dinner meeting. 4. Closed Session Action: Adopt a motion to go into closed session pursuant to North Carolina General Statute 143-318.11(a)(3) to consult with attorneys employed or retained by the City in order to preserve the attorney-client privilege and to consider and give instructions to an attorney concerning the handling or settlement of claims or administrative procedures. Call to Order Roll Call Introductions Invocation Pledge of Allegiance City of Charlotte Page 3 Printed on 5/23/2016 City Council Business Meeting Meeting Agenda May 23, 2016 6:30 P.M. CITIZENS’ FORUM City of Charlotte Page 4 Printed on 5/23/2016 City Council Business Meeting Meeting Agenda May 23, 2016 7:00 P.M. AWARDS AND RECOGNITION 5. SwimMAC Carolina Recognition Action: Mayor Roberts and City Council will recognize David Marsh, chief executive officer, SwimMAC Carolina and some of this year’s prospective Olympians. City of Charlotte Page 5 Printed on 5/23/2016 City Council Business Meeting Meeting Agenda May 23, 2016 6. Consent agenda items 23 through 52 may be considered in one motion except for those items removed by a Council member. Items are removed by notifying the City Clerk. Consideration of Consent Items shall occur in the following order: A. Items that have not been pulled, and B. Items with citizens signed up to speak to the item. City of Charlotte Page 6 Printed on 5/23/2016 City Council Business Meeting Meeting Agenda May 23, 2016 PUBLIC HEARING 7. Public Hearing on Voluntary Annexation Action: A. Hold a public hearing for the Providence Farm voluntary annexation, and B. Adopt an ordinance with an effective date of May 23, 2016, to extend the corporate limits to include this property and assign it to the adjacent Council District 7. Staff Resource(s): Jonathan Wells, Planning Explanation § Public hearings to obtain community input are required prior to City Council taking action on annexation requests. § A petition has been received from the owners of this 25.01-acre property located in the 11300 block of Providence Road south of Interstate 485 in south Mecklenburg County. § The property is owned by Star City Development, Inc. and Crescent Communities, LLC. § The property is currently vacant and is zoned MUDD-O (mixed-use optional) and MX-2(INNOV) (mixed-use innovative). § Developer of the property has plans for a mixed-use development consisting of 26,000 square feet of retail/office, a 180-room hotel, and 115 dwelling units (mix of single-family and for-sale townhouses). § The property is located within Charlotte’s extraterritorial jurisdiction and shares boundaries with current city limits. § Intent of the annexation is to enable the streets in the proposed development to be designed and constructed to City street standards. § Annexation of this property will allow for more orderly extension of City development review, City services and capital investments in the future. § The effective annexation date for this property is May 23, 2016. § The Annexation Ordinance assigns the annexed area to adjacent City Council District 7. Consistent with City Council Policies § The annexation is generally consistent with City voluntary annexation policies approved by the City Council on March 24, 2003; more specifically this annexation: - Will not adversely affect the City’s ability to undertake future annexations; and - Will not have undue negative impact on City finances or services. § The annexation is not consistent with one City voluntary annexation policy, since if approved will result in a situation where an unincorporated area will be encompassed by new City limits. § The unincorporated area - slightly above 100 acres - is developable vacant land in an area that has seen a significant number of voluntary annexations submitted during the past several years; therefore, the potential for future voluntary annexation of this unincorporated area is highly likely to occur. Attachment Map Annexation Ordinance Map for RCA Ordinance City of Charlotte Page 7 Printed on 5/23/2016 City Council Business Meeting Meeting Agenda May 23, 2016 8. Public Hearing on a Resolution to Close a Portion of Greenwood Cliff Action: Continue a public hearing to close a portion of Greenwood Cliff to June 27, 2016. The Pearl Park Tax Increment Grant will be considered by the following: - Mecklenburg County Economic Development Committee: June 8, 2016 - City Council Economic Development and Global Competiveness Committee: June 9, 2016; and - Mecklenburg Board of County Commissioners: June 21, 2016 Staff Resource(s): Jeff Boenisch, Transportation Explanation § North Carolina General Statute 160A-299 outlines the procedures for permanently closing streets and alleys. § The Charlotte Department of Transportation received a petition to abandon public right-of-way and requests this City Council action in accordance with the statute. § The action removes land from public right-of-way status and attaches it to the adjacent property. § The abandonment of Greenwood Cliff would allow for an extension of the existing Pearl Park Way (Pearl Park Project). § City Council voted to continue this public hearing at its Council Business Meeting on November 23, 2015. § There are three primary actions necessary for the Pearl Park Project to move forward: - Approval of a proposed Text Amendment, accomplished on February 15, 2016; - Decision on the Pearl Park Way Extension Tax Increment Grant (June 27, 2016); and - Closing of a portion of Greenwood Cliff (June 27, 2016). § The resolution to close this portion of Greenwood Cliff contains a contingency statement that requires the construction of Pearl Park Way Extension and Berkley Place Extension to be completed within five years of this action. § The City intends to keep Greenwood Cliff open to the public until the conditions outlined in the contingency statement are met. § Greenwood Cliff is located in City Council District 1. Petitioners Midtown Partners II, LLC Right-of-Way to be Abandoned Greenwood Cliff is located northwest of Kenilworth Avenue, neighboring the Pearl Street Neighborhood Park. Reason The closing of a portion of Greenwood Cliff will occur in exchange for the construction of the new Pearl Park Way extension. This first phase of this street connection will occur between Kenilworth Avenue and the remaining portion of Greenwood Cliff. In addition, this street closing will allow a number of abutting properties to be recombined in order to accommodate a new development consisting of mixed housing, office, and commercial uses. The proposed development is consistent with the Midtown-Morehead-Cherry Area Plan. Notification As part of the City’s notification process, and in compliance with North Carolina General Statute 160A-299, the Charlotte Department of Transportation submitted this abandonment petition for review by City of Charlotte Page 8 Printed on 5/23/2016 City Council Business Meeting Meeting Agenda May 23, 2016 the public and City Departments. Adjoining property owner(s) Mr. Alan Mayfield - Notified/no response Mr. James Keenan - Has concerns that the proposed project design will not adversely impact remaining properties. Mr. David Earnhardt - Notified/no response Mr. Allen James - Notified/no response Mr. William Turner - No objections Mr. Chester Helt - Has concerns, which he and the petitioner are working to resolve. D&R Properties of Charlotte, LLC - Notified/no response Amy ENT, LLC - Notified/no response ODOM Family, LLC - Notified/no response Nameste Properties No. 1, LLC - Notified/no response Liberty Greenwood Cliff, LLC - Notified/no response Neighborhood/Business Association(s) Charlotte Regional Realtor® Association - No objections Private Utility Companies - No objections City Departments Review by City departments identified no apparent reason this closing would: § Be contrary to the public interest; § Deprive any individual(s) owning property in the vicinity of reasonable means of ingress and egress to that property as outlined in the statutes; and § Be contrary to the adopted policy to preserve existing rights-of-way for connectivity. City of Charlotte Page 9 Printed on 5/23/2016 City Council Business Meeting Meeting Agenda May 23, 2016 POLICY 9. City Manager’s Report City of Charlotte Page 10 Printed on 5/23/2016 City Council Business Meeting Meeting Agenda May 23, 2016 10. Proposed Revised Policy for Sustainable Facilities Action: Approve the Environment Committee’s recommendation to adopt the revised Policy for Sustainable Facilities. Committee Chair: Council member John Autry Staff Resource(s): Hyong Yi, City Manager’s Office Rob Phocas, Neighborhood & Business Services William Haas, Engineering & Property Management Explanation § Staff has revised the 2009 Policy for Sustainable Facilities (Policy) to ensure that the City is building, renovating, operating, and maintaining high-performing and efficient City facilities. § The proposed Policy will help the City organization to achieve City Council’s goal of being a global environmental leader. Proposed Changes § Some of the proposed changes include: - Requiring third-party certification and designing to earn the Energy Star rating for new and renovated facilities; - Identifying “flag ship” City facilities to achieve Leadership in Energy and Environmental Design (LEED) Existing Building: Operations and Maintenance (EBOM) certification; - Exemptions for “uniquely cost prohibitive” projects and for alternative certification programs; - Requiring an electric vehicle charging station in each newly constructed facility; and - Identifying the life cycle cost/benefit of sustainability features. Background § City Council adopted the current Policy in 2009. Subsequently, staff formed the Sustainable Facilities Oversight Team (Team), which is comprised of representatives from multiple City departments, to oversee implementation of the Policy across all departments. § The Team began review of the policy in 2014 and recognized a need to update the plan to reflect the City Council’s environmental goals articulated in the City Council’s Environment Focus Area Plan. § In addition, the Team recognized that one of the City’s biggest opportunities to meet City Council’s environmental goals is to address how the City manages its existing facilities, which the current policy does not do. The Team conducted a review process and interviewed City departments, development community partners, and peer cities to identify and incorporate best practices into an updated policy. § The Team also reviewed the impact of the current policy on City facility management practices, and then drafted the proposed Policy and vetted it through City departments, development community partners, and the City Council’s Environment Committee. Environment Committee Discussion § On November 11, 2015, staff gave a presentation to the City Council Environment Committee (Committee) on the proposed revisions to the Policy. § On April 4, 2016, staff gave a follow-up presentation to address the questions raised from the earlier presentation, including the Return on Investment (ROI) of sustainable features. Emily Scofield, president of the NC Green Building Council, provided data, which addressed this question. The Committee voted unanimously (Autry, Mitchell, Fallon, Kinsey, and Austin) to ask the full City Council to adopt the revised Policy. City of Charlotte Page 11 Printed on 5/23/2016 City Council Business Meeting Meeting Agenda May 23, 2016 § In May 9, 2016, during the Dinner Briefing portion of the Business Agenda Meeting, staff gave a presentation on the proposed Policy changes. Emily Scofield presented the ROI of sustainable building features at this briefing. Fiscal Note Funding: There is no funding impact; however, it is generally accepted that incorporating sustainable features into the design of new building and renovating existing ones does have an incremental cost. The increment is dependent on the features, the building, and other design considerations. Where these features are cost prohibitive, the Policy provides an alternative to implementing expensive “green” features. Attachment Revised Policy for Sustainable Facilities May 9 Dinner Briefing PowerPoint Presentations Sustainable Facilities Policy FinalDraft for RCA Dinner Briefing [Compatibility Mode] Green Building City of Charlotte Page 12 Printed on 5/23/2016 City Council Business Meeting Meeting Agenda May 23, 2016 BUSINESS City of Charlotte Page 13 Printed on 5/23/2016 City Council Business Meeting Meeting Agenda May 23, 2016 11. Knight Cities Challenge Grants Action: A. Authorize the City Manager to accept the following grants totaling $112,900 from the John S. and James L. Knight Foundation: - $27,900 for the “Can Do Signs” engagement project - $85,000 for the “CrownTownHall” outreach project, and B. Adopt a budget ordinance appropriating $112,900 of grant funds to the General Community Investment Plan Staff Resource(s): Sarah Hazel, City Manager’s Office Jason Lawrence, CATS Wilson Hooper, City Manager’s Office Explanation § In the fall of 2015 the John S. and James L. Knight Foundation (Knight Foundation) sponsored the second round of the Knight Cities Challenge, a program soliciting ideas from community members designed to improve cities. § Approximately 4,700 ideas were submitted from 19 cities; 37 ideas were chosen for funding, including two ideas submitted by City of Charlotte employees: - “Can Do Signs,” submitted by Sarah Hazel, rethinks municipal signs that typically tell people what not to do, to spur fun, imagination, and positivity throughout Charlotte. - “CrownTownHall,” submitted by Jason Lawrence, will help residents more easily connect with local government and get involved with civic issues via strategically located mobile pop-up events. § Mobile pop-up events are typically held in underutilized spaces, where residents can meet elected officials, sign up for City services, and review area planning efforts. These events are an outreach strategy that will allow City staff to interact more directly with the public. § The grants are considered one-time funds. All projects are to be completed within 18 months, which is the length of the grant terms. § No matching funds are required, but the City will provide an in-kind contribution, primarily staff hours. § The following departments will administer the grants: - City Manager’s Office: Can Do Signs - Neighborhood & Business Services: CrownTownHall § Additional information about the Knight Cities Challenge can be found at <http://knightcities.org> Fiscal Note Funding: Knight Foundation Grant No matching funds are required, but the City will provide an in-kind contribution consisting mainly of staff hours. Attachment Council-Manager Memo, dated April 15, 2016 “Can Do Signs” concept image Budget Ordinance Memo 28 Fri April 15, 2016 Can Do Sign Concept Knight Cities Challenge_Ordinance_5-23-16 City of Charlotte Page 14 Printed on 5/23/2016 City Council Business Meeting Meeting Agenda May 23, 2016 12. Appointment to the Charlotte International Cabinet Action: Vote on blue ballots and return to Clerk at dinner. Staff Resource(s): Stephanie Kelly, City Clerk’s Office Explanation § One appointment for a term beginning July 1, 2016 and ending June 30, 2019 in the following category: International Business. - Scott Chen, nominated by Council members Driggs, Fallon, and Kinsey. - Omar Kazzaz, nominated by Council members Austin, Autry, and Eiselt. - Sasha Levons, nominated by Council members Lyles, Mayfield, and Phipps. Attachment Charlotte International Cabinet Applicants 13. Appointments to the Charlotte-Mecklenburg Public Access Corporation Action: Vote on blue ballots and return to Clerk at dinner. Staff Resource(s): Stephanie Kelly, City Clerk’s Office Explanation § Three appointments for terms beginning July 1, 2016, and ending June 30, 2019. - Theresa Halsey, nominated by Council members Kinsey and Phipps. - Binh Phu, nominated by Council members Kinsey and Phipps. - Kerry Shipman, nominated by Council members Driggs and Phipps. Attachment Charlotte-Mecklenburg Public Access Corporation Applicants City of Charlotte Page 15 Printed on 5/23/2016 City Council Business Meeting Meeting Agenda May 23, 2016 14. Appointments to the Charlotte Regional Visitors Authority Action: Vote on blue ballots and return to Clerk at dinner. Staff Resource(s): Stephanie Kelly, City Clerk’s Office Explanation § One appointment for a term beginning July 1, 2016, and ending June 30, 2019, in the following category: At-large. - Martha Dockery-Clark, nominated by Council members Austin and Lyles. - Peter Grills, nominated by Council member Mitchell. - Zachary Newton, nominated by Council members Autry and Phipps. - Savannah Smith, nominated by Council members Driggs, Fallon, and Kinsey. § One appointment for a term beginning July 1, 2016 and ending June 30, 2019, in the following category: General Travel. - Martha Dockery-Clark, nominated by Council member Kinsey. - Kenneth Kilpatrick, nominated by Council member Driggs. - Nasif Majeed, nominated by Council members Fallon and Phipps. - Shannon McKnight, nominated by Council member Austin. - Tommy Nichols, nominated by Council members Autry and Mayfield. - Thomas Sasser, nominated by Council members Eiselt, Lyles, and Mitchell. Attachment Charlotte Regional Visitors Authority Applicants 15. Appointment to the Community Relations Committee Action: Vote on blue ballots and return to Clerk at dinner. Staff Resource(s): Stephanie Kelly, City Clerk’s Office Explanation § One appointment for a term beginning July 1, 2016 and ending June 30, 2019. - Kawana Davis, nominated by Council members Austin, Autry, Eiselt, Lyles and Mayfield. - Erin Hamrick, nominated by Council member Kinsey. - Yolanda Perry, nominated by Council member Fallon. - William Robinson, nominated by Council member Fallon. - Glenda Spann-Hinnant, nominated by Council member Phipps. - Gary Young II, nominated by Council member Driggs. Attachment Community Relations Committee Applicants City of Charlotte Page 16 Printed on 5/23/2016 City Council Business Meeting Meeting Agenda May 23, 2016 16. Appointments to the Historic District Commission Action: Vote on blue ballots and return to Clerk at dinner. Staff Resource(s): Stephanie Kelly, City Clerk’s Office Explanation § One appointment for a term beginning July 1, 2016, and ending June 30, 2019 in the following category: At-large. - Paul Henningson, nominated by Council member Driggs. - Jessica Hindman, nominated by Council members Eiselt, Kinsey, Lyles, and Phipps. - Justin Lane, nominated by Council members Austin, Autry, and Mayfield. - Cameron Wright, nominated by Council member Smith. . § One appointment for a term beginning July 1, 2016, and ending June 30, 2019 in the following category: Resident/Owner Plaza-Midwood. - Brian Bradley Jr, nominated by Council member Driggs. - Jana Hartenstine, nominated by Council members Autry, Eiselt, Kinsey, Lyles, Mayfield, and Phipps. Attachment Historic District Commission Applicants 17. Appointments to the Housing Advisory Board of Charlotte-Mecklenburg Action: Vote on blue ballots and return to Clerk at dinner. Staff Resource(s): Stephanie Kelly, City Clerk’s Office Explanation § One appointment for a partial term beginning immediately and ending July 1, 2018 in the following category: Hospitals. - Brian Middleton, nominated by Council members Autry, Kinsey, Lyles, and Phipps. - Delores Reid-Smith, nominated by Council member Fallon. - Vivan Thomas, nominated by Council member Driggs. § One appointment for a term beginning July 1, 2016 and ending June 30, 2019 in the following category: Real Estate. - Joe Padilla, nominated by Council members Driggs, Eiselt, Fallon, Phipps, and Smith. - Julie Porter, nominated by Council members Austin, Autry, and Mayfield. - Teresa Sandman, nominated by Council member Kinsey. Attachment Housing Advisory Board of Charlotte-Mecklenburg Applicants City of Charlotte Page 17 Printed on 5/23/2016 City Council Business Meeting Meeting Agenda May 23, 2016 18. Appointment to Keep Charlotte Beautiful Action: Vote on blue ballots and return to Clerk at dinner. Staff Resource(s): Stephanie Kelly, City Clerk’s Office Explanation § One appointment for a term beginning July 1, 2016 and ending June 30, 2019. - Daniel Herrera, nominated by Council members Autry and Phipps. - Jamal Tate, nominated by Council member Kinsey. - Vivan Thomas, nominated by Council member Driggs. - Brian Withrow, nominated by Council member Fallon. Attachment Keep Charlotte Beautiful Applicants 19. Appointment to the Planning Commission Action: Vote on blue ballots and return to Clerk at dinner. Staff Resource(s): Stephanie Kelly, City Clerk’s Office Explanation § One appointment for a term beginning July 1, 2016 and ending June 30, 2019 in the following category: Zoning Committee. - Rob Bilbro, nominated by Council member Mayfield. - Damiko Faulkner, nominated by Council members Austin, Autry, and Eiselt. - Elizabeth Frere, nominated by Council members Driggs, Fallon, and Kinsey. - Elizabeth McMillan, nominated by Council members Eiselt, Lyles, Mitchell, Phipps, and Smith. - Mark Miller, nominated by Council member Smith. Attachment Planning Commission Applicants City of Charlotte Page 18 Printed on 5/23/2016 City Council Business Meeting Meeting Agenda May 23, 2016 20. Appointments to the Privatization/Competition Advisory Committee Action: Vote on blue ballots and return to Clerk at dinner. Staff Resource(s): Stephanie Kelly, City Clerk’s Office Explanation § One appointment for a partial term beginning immediately and ending March 1, 2017. § One appointment for a partial term beginning immediately and ending March 1, 2018. - Rob Hsin, nominated by Council member Fallon. - Michele King, nominated by Council members Autry, Kinsey, Lyles, Mayfield, and Mitchell. - Menahem Mezahav, nominated by Council member Driggs. - David Reynolds, nominated by Council member Phipps. - David Thompson, nominated by Council members Driggs and Phipps. - William Turner, nominated by Council members Kinsey, Lyles, Mayfield, and Mitchell. - Richard Woodcock, nominated by Council members Autry and Fallon. Attachment Privatization/Competition Advisory Committee Applicants 21. Appointment to the Tree Advisory Commission Action: Vote on blue ballots and return to Clerk at dinner. Staff Resource(s): Stephanie Kelly, City Clerk’s Office Explanation § One appointment for a term beginning March 1, 2016 and ending February 28, 2019. - Patrick Bradey, nominated by Council members Austin, Autry, Eiselt, Kinsey, and Lyles. - Chris Breedlove, nominated by Council members Driggs, Fallon, Mayfield, and Phipps. Attachment Tree Advisory Commission Applicants 22. Mayor and City Council Topics The City Council members may share information and raise topics for discussion. City of Charlotte Page 19 Printed on 5/23/2016 City Council Business Meeting Meeting Agenda May 23, 2016 CONSENT 23. Voluntary Annexation Public Hearing Date Action: Adopt a resolution setting a public hearing for June 27, 2016, for a voluntary annexation petition. Staff Resource(s): Johnathan Wells, Planning Explanation § The City has received a petition for voluntary annexation of private property. The property is located adjacent to City Council District 3. § The 17.69-acre “Starnes Road/Paw Creek II” site is located at the west end of Starnes Road immediately east of Interstate-485 in west Mecklenburg County. - The property is currently vacant and is zoned R12 (MF) - multi-family residential. - The owner of the property has plans to develop property with 85 for-sale four-plex dwellings. § Public hearings are required prior to the City Council action on annexation requests. § The property is located within Charlotte’s extraterritorial jurisdiction. § Area proposed for annexation shares boundaries with current city limits. § Annexation of this area at this time will allow for more orderly land development review, extension of City services, capital investments, and future annexation processes. § The “Starnes Road/Paw Creek II” annexation is consistent with City voluntary annexation policies approved by the City Council on March 24, 2003; more specifically this annexation: - Will not adversely affect the City’s ability to undertake future annexations; - Will not have undue negative impact on City finances or services; and - Will not result in a situation where an unincorporated area will be encompassed by new City limits. Fiscal Note Funding: Not Applicable Attachment Map Resolution Map for RCA Resolution setting hearing City of Charlotte Page 20 Printed on 5/23/2016 City Council Business Meeting Meeting Agenda May 23, 2016 24. Charlotte-Mecklenburg Police Foundation Donation Action: A. Authorize the City Manager to accept a donation from the Charlotte-Mecklenburg Police Foundation in the amount of $100,000 for various Charlotte-Mecklenburg Police Department Programs, and B. Adopt a budget ordinance appropriating funds in the amount of $100,000 from the Charlotte-Mecklenburg Police Foundation. Staff Resource(s): Katrina Graue, Police Greg Crystal, Police Explanation § The Charlotte-Mecklenburg Police Foundation is a non-profit, volunteer organization dedicated to strengthening Charlotte-Mecklenburg Police Department (CMPD) services and promoting public safety in the Charlotte-Mecklenburg area. § CMPD seeks City Council approval to accept a donation in the amount of $100,000 for the following programs: - CMPD Hope ($25,000) § CMPD Hope is a non-profit organization established for the purpose of assisting CMPD employees with financial resources due to circumstances beyond their control such as debilitating illnesses, injuries and unexpected deaths. - CMPD Command College ($25,000) § This will be a two-class pilot, 12-13 participants per class, of a formalized program designed to develop 25 employees to lead at the command level. - Center for International Understanding - Latino Initiative Program ($50,000) § Nine law enforcement agencies will design an action plan to improve services to residents: CMPD, Matthews Police Department, Mint Hill Police Department, Pineville Police Department, Huntersville Police Department, Davidson Police Department, Monroe Police Department, Mecklenburg County Sheriff’s Office, and Union County Sheriff’s Office. § Participants will develop strategies that address local concerns, combined with a cultural immersion week in Mexico. § CMPD will not incur any additional costs for participation. Fiscal Note Funding: Charlotte-Mecklenburg Police Foundation Attachment Budget Ordinance Police_PoliceFoundation_Ord_5-16-16 City of Charlotte Page 21 Printed on 5/23/2016 City Council Business Meeting Meeting Agenda May 23, 2016 25. Charlotte-Mecklenburg Police Department Helicopter Downlink Communications System Action: A. Approve the purchase of a Helicopter Downlink System for the Charlotte-Mecklenburg Police Department, as authorized by the sole source exemption of G.S. 143-129 (e) (6), and B. Approve a contract with Visilink in the amount of $295,000 for the purchase of a Helicopter Downlink System. Staff Resource(s): Steven Brochu, Police Sherie Pearsall, Police Sole Source Exemption § G.S. 143-129 (e) (6) provides that formal bidding requirements do not apply when: - Performance or price competition is 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. § City Council must approve purchases made under the sole source exception. Explanation § The Helicopter Downlink System allows video from the nose-mounted camera system to be transmitted and viewed in real time from the Real Time Crime Center, Command Center, Emergency Operations Center, and Mobile Command Post. This provides significant value in managing events and disasters. § The Helicopter Downlink System will enhance operational awareness for the following: - Extraordinary and significant events that occur; - Visits by dignitaries; - Special Weapons and Tactics (SWAT) deployments; - Weather-related events where significant property loss has occurred; and - Significant structure fires. § Currently, this technology has been unreliable because of the lack of a receiving site located on the east side of Mecklenburg County. As a result, the helicopter loses connectivity to the frequency by which the system operates. - The video has been intermittent and fails to meet the needs of commanders making situational assessments for resource coordination and deployment. § The proposed project will: - Install a new receiving site on the eastern side of Mecklenburg County; - Provide a dedicated frequency on each aircraft for the video feed to operate on by replacing and upgrading all the send and receive equipment; - Enable the video quality to be consistent with the new receiving site; and - Cover gaps in receiving capabilities. Consistent frequencies will enable reliable video to be fed to incident command. § The purchase is an approved project by the North Carolina Department of Public Safety, Office of the North Carolina Emergency Management through the 2014 Urban Area Security Initiatives (UASI) grant. Charlotte Business INClusion This is a sole source contract and is exempt (Part A: Appendix 1.27 of the Charlotte Business Inclusion Policy). City of Charlotte Page 22 Printed on 5/23/2016 City Council Business Meeting Meeting Agenda May 23, 2016 Fiscal Note Funding: 2014 Urban Area Security Initiatives Grant City of Charlotte Page 23 Printed on 5/23/2016 City Council Business Meeting Meeting Agenda May 23, 2016 26. Charlotte-Mecklenburg Police Department Communications Recording System Expansion and Upgrade Action: A. Approve the purchase of Eventide, Inc. hardware, software licenses and associated maintenance and support, implementation services, and training services from a federal contract as authorized by G.S. 143-129(e)(9a), B. Approve a unit price contract with Carolina Recording Systems, LLC and Eventide, Inc. for the purchase of Eventide hardware, software licenses and associated maintenance and support, implementation services, and training services for a term of three years under federal contract number GS-35F-0415V, which was effective May 5, 2009, and C. Authorize the City Manager to extend the contract for additional one-year terms for as long as the federal contract is in effect, at prices and terms that are the same or more favorable than those offered under the federal contract. Staff Resource(s): Sonya Williams, Police Katrina Graue, Police Federal Contract Exemption G.S. 143-129(e)(9a) allows local governments to purchase from contracts established by the United States government, including any federal agency, if the contractor is willing to extend the same or more favorable prices, terms, and conditions as those established under the federal contract. Explanation § The Charlotte-Mecklenburg Police Department (CMPD) requires a system for recording radio communications, dispatchers, and emergency call takers. § CMPD is currently using a combination of recording systems: a) Eventide and b) a legacy system. § The Eventide product is more robust with greater functionality than the legacy product. § A partial transition to the Eventide product was completed in 2014. The purpose of this project is to move Communications to an Eventide system. § CMPD anticipates that the Eventide solution will allow the department to achieve the following goals: - Provide software that allows Communications management staff to determine how the dispatchers and call takers are performing and identify areas of training. - Provide software with an Internet browser-based, easy to use tool for search, replay, instant recall and incident reconstruction to help the user quickly find and export recordings to CD, DVD or email. - Provide screen captures of desktop computer activity, including multimedia interactions. - Provide a system that logs voice and digital radio recordings and protects that data. - Provide a system with centralized storage capability. § On May 5, 2009, the General Services Administration (GSA) awarded the federal contract for a term of 10 years. § Carolina Recording Systems is a reseller of Eventide products and is the only reseller authorized to resell in Charlotte’s geographic area. Carolina Recording Systems and Eventide are willing to provide the required products and services to the City at the same or better terms as are provided in the GSA contract. § The total price of the products and services to be provided under this contract is estimated to be $320,000, not including ongoing software maintenance and support. § Annual expenditures for ongoing software maintenance and support under the contract are estimated to be $50,000 for the first year and $80,000 for the second year, escalating by City of Charlotte Page 24 Printed on 5/23/2016 City Council Business Meeting Meeting Agenda May 23, 2016 approximately 4% per year thereafter. - The ongoing software and maintenance support services will provide a higher level of support than is typically provided under a software maintenance agreement, including services such as expedited onsite after-hours support. § The completion of the project will also require a separate purchase of equipment from Motorola Solutions. The Motorola Solutions equipment is required to integrate the digital radio system with the recording system. - The equipment will be purchased through an existing, Council-approved City contract at an estimated cost of $220,000. Ongoing support and maintenance for this equipment will cost approximately $3,000 for the first year and $5,000 in subsequent years. Charlotte Business INClusion This contract is being purchased off an existing Federal contract and is exempt (Part A: Appendix 1.27 of the Charlotte Business INClusion Policy). Fiscal Note Funding: State 911 Funding City of Charlotte Page 25 Printed on 5/23/2016 City Council Business Meeting Meeting Agenda May 23, 2016 27. Charlotte-Mecklenburg Police Department Freedom Division Station - Chiller & Boiler Replacement Action: Award a contract in the amount of $401,500 to the lowest responsive bidder Jeff Hargett Mechanical, Inc. for the Charlotte-Mecklenburg Police Department Freedom Division Station - Chiller & Boiler Replacement project. Staff Resource(s): William Haas, Engineering & Property Management James Wright, Police Explanation § The project involves the replacement of the 21-year-old heating, ventilation, and air-conditioning (HVAC) equipment and control valves at the Charlotte-Mecklenburg Police Department (CMPD) Freedom Division Station located at 4150 Wilkinson Boulevard. This location also houses the West Service Center. § The existing equipment has reached the end of its useful life and must be replaced. § The work will include the removal of existing HVAC equipment and the installation of: - One chiller, - One boiler, - Four pumps, and - HVAC control valves. § Staff expects to realize a 31% savings on energy usage at the CMPD Freedom Division based on modeling from the design engineers (AME Consulting Engineers). § Funding for the project is included in the General Facilities Community Investment Plan for building maintenance and equipment. § On March 18, 2016, the City advertised Invitations to Bid; three bids were received from interested service providers. § Jeff Hargett Mechanical, Inc. was selected as the lowest responsive, responsible bidder. § City staff contacted 17 Minority Business Enterprises (MBEs); five submitted bids. However, none of the five firms that submitted bids were certified with the City of Charlotte. § The project is anticipated to be complete by fourth quarter of 2016. Charlotte Business INClusion Established SBE Goal: 7% Committed SBE Goal: 4.23% Jeff Hargett Mechanical Inc. failed to meet the established SBE subcontracting goal, but earned the minimum Good Faith Effort Points (Part B: Section 5 of the Charlotte Business INClusion Policy). Jeff Hargett Mechanical has committed 4.23% ($16,972) of the total contract amount to the following certified firms: · Electrical Systems Specialist (SBE) ($16,972) (electrical wiring) Established MBE Goal: 5% Committed MBE Goal: 0% Jeff Hargett Mechanical Inc. failed to meet the established MBE subcontracting goal, but earned the minimum Good Faith Effort Points (Part B: Section 5 of the Charlotte Business INClusion Policy). Fiscal Note Funding: General Facilities Community Investment Plan Attachment Site Location Map Good Faith Efforts Summary City of Charlotte Page 26 Printed on 5/23/2016 City Council Business Meeting Meeting Agenda May 23, 2016 Location Map - CMPD Freedom Division - Chiller and Boiler Replacement GFE Attachment - CMPD Freedom Division - Chiller & Boiler Replacement 28. Charlotte-Mecklenburg Police Department South Division Lease Extension Action: Approve an amendment to the lease agreement at 8050 Corporate Center Drive (portion of tax parcel identification number 221-181-32), for the Charlotte-Mecklenburg Police Department South Division station, extending the term of the lease for three years with two, one-year options. Staff Resource(s): Katrina Graue, Police Lisa Goelz, Police Tony Korolos, Engineering & Property Management Explanation § The Charlotte-Mecklenburg Police Department (CMPD) South Division station has leased a 9,510 square foot facility at 8050 Corporate Center Drive from Ghiz Investments I, LLC since July 1, 2002 - Council District 7. § On September 27, 2010, City Council approved an amendment to the original agreement, which extended the lease term through October 31, 2013, and allowed for three, one-year options to renew the lease. The final lease renewal option will expire on October 31, 2016. § The proposed lease extension amendment includes the following terms: - Extend the existing lease for three years, through October 31, 2019. CMPD will have two, one-year options to renew the lease through October 31, 2021. - Initial rent will be $13,393.25 per month with 2% annual escalations beginning November 1, 2017. If either of the two, one-year extension options is exercised, there will not be a 2% rent escalation in those years. This rental rate is consistent with the market rate in the area. - The landlord will perform building improvements including repainting the interior walls and replacing the carpet. § In February 2010 CMPD adopted the Facilities Strategic Plan, which outlines division facility goals through 2025. In this plan, CMPD prioritized the transition from renting leased spaces to occupying City-owned facilities. This recommendation supports CMPD’s objectives to be highly visible and accessible within the community, reduce operating costs, and accommodate future personnel growth. § The CMPD South Division station is anticipated to receive Fiscal Year 2017 Community Investment Plan funding in July 2016 to acquire land to construct a facility. Based on previous land acquisition and construction timelines for CMPD stations, Engineering & Property Management estimates a three-year timeframe for completion. Fiscal Note Funding: Police Operating Budget Attachment Map Location Map - CMPD South Division Lease Extension City of Charlotte Page 27 Printed on 5/23/2016 City Council Business Meeting Meeting Agenda May 23, 2016 29. Time Warner Cable Arena Phone System Upgrade Action: Award a contract in the amount of $215,729.25 to the lowest responsive bidder Strategic Products and Services for the upgrade of the existing telephone system in the Time Warner Cable Arena. Staff Resource(s): William Haas, Engineering & Property Management Bellverie Ross, Innovation & Technology Explanation § The contract with Strategic Products and Services will upgrade the telephone system using Avaya products that are compatible with the existing equipment. § On September 8, 2014, City Council approved $27.5 million in capital investments for the Time Warner Cable Arena, of which $560,000 was budgeted for information technology infrastructure improvements, including the upgrade of the existing telephone system. § The City and Charlotte Hornets staff evaluated the existing telephone system and determined that many parts of the phone system are currently out-of-date and no longer supported by Avaya. § As a result of the upgrade, the Time Warner Cable Arena will continue receiving support for the entire Avaya phone system’s core infrastructure for at least five more years. § On April 25, 2016, City and Charlotte Hornets staff issued an Invitation to Bid; three bids were received from interested service providers. § Strategic Products and Services was selected as the lowest responsive, responsible bidder. 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: Tourism Capital Project Fund City of Charlotte Page 28 Printed on 5/23/2016 City Council Business Meeting Meeting Agenda May 23, 2016 30. Various City Buildings Construction Services Action: Award a contract with the following companies for general building and maintenance services: - D.E. Brown Construction, Inc. ($1,050,000), - Corner Stone Construction Services, Inc. ($750,000), and - TEC Electric, LLC ($75,000). Staff Resource(s): William Haas, Engineering & Property Management Explanation § The City’s Engineering & Property Management building maintenance staff maintains approximately 4 million square feet of City buildings, including Police and Fire Stations, the Charlotte-Mecklenburg Government Center and cultural facilities. § These companies will provide unspecified general contracting services on an as-needed basis across the portfolio of facilities. § Work may include: - Interior renovations, - Installation and repair of interior partitions, - Dry wall and laminate finishes, - Cabinetry and casework, - Exterior building repairs, - Door installation and repairs, - Roof repair, and - General clean-up services. § On March 4, 2016, the City issued a Request for Proposal (RFP) for General Building Construction Services. In response to the RFP, the City received three proposals from qualified, interested service providers. § Engineering & Property Management staff evaluated the proposals and determined that D.E. Brown Construction, Inc., Corner Stone Construction Services, Inc., and TEC Electric, LLC best meet the City’s needs in terms of licensing, qualifications, experience, cost, and responsiveness to RFP requirements. § Estimated contract expenditures for all contracts are $1,875,000 in the aggregate over the three-year term: - D.E. Brown: $1,050,000, - Corner Stone Construction: $750,000, and - TEC Electric: $75,000. Charlotte Business INClusion The city solicited bids only from City certified SBEs, therefore 100% of the project participation is being committed to the following certified firms: D.E. Brown (SBE), Corner Stone Construction Services (SBE) and TEC Electric (SBE, MBE) (Part A: Section 2.3 of the Charlotte Business INClusion Policy). Fiscal Note Funding: General Facilities Community Improvement Plan City of Charlotte Page 29 Printed on 5/23/2016 City Council Business Meeting Meeting Agenda May 23, 2016 31. Charlotte-Mecklenburg Government Center - Wellness Center Renovation Action: Award a contract in the amount of $107,587.00 to the lowest responsive bidder McFarland Building Group, LLC, dba McFarland Construction for the Charlotte-Mecklenburg Government Center - Wellness Center Renovation project. Staff Resource(s): William Haas, Engineering & Property Management Explanation § The project will renovate the men and women’s locker rooms in the Charlotte-Mecklenburg Government Center (CMGC) basement. The work will include: - New showers with partitions, - Removal and replacement of loose tiles, - Replacement of damaged lockers, and - Installation of new benches and coat hooks. § The City’s Wellness Center was originally constructed with the CMGC in 1988 and has only had minor renovations in 28 years. § Tiles on the shower walls, floor, and ceiling are loose and trap moisture, causing excessive mildew. To remedy this issue, staff is recommending replacement of the tiles. § Plumbing lines will be replaced within the shower area and new partitions will be installed. § In addition, the removal of damaged lockers and installation of new benches will create more locker room floor space for Wellness Center users. § On April 5, 2016, the City issued an Invitation to Bid for the Wellness Center Locker Room Renovation project; two bids were received from interested service providers. § McFarland Building Group, LLC was selected as the lowest responsive, responsible bidder. § The work is expected to be complete by third quarter 2016. Charlotte Business INClusion The City solicited bids only from City certified SBEs, therefore 100% of the project participation is being committed to the following certified firm: McFarland Construction (SBE, MBE) (Part A: Section 2.3 of the Charlotte Business INClusion Policy). Fiscal Note Funding: General Facilities Community Investment Plan City of Charlotte Page 30 Printed on 5/23/2016 City Council Business Meeting Meeting Agenda May 23, 2016 32. Oakdale-Nevin Trail and Lakeview Road Upgrades Action: A. Approve a contract in an amount not to exceed $487,149 with Kimley-Horn & Associates, Inc. for the Oakdale-Nevin Trail project, and B. Approve a contract in an amount not to exceed $302,113 with Kimley-Horn & Associates, Inc. for the Lakeview Road Upgrades project. Staff Resource(s): Keith Carpenter, Engineering & Property Management Explanation § These projects were identified in the 2016 Sunset/Beatties Ford Comprehensive Neighborhood Improvement Program (CNIP). § Both the Oakdale-Nevin Trail and the Lakeview Road upgrades are targeted at improving and enhancing public safety, transportation choices and mobility for pedestrians, bicyclists, and motor vehicles. § On April 28, 2014, City Council approved a contract in the amount of $200,000 with Kimley-Horn & Associates, Inc. for pre-planning services for the Sunset/Beatties Ford CNIP. As part of the contract, the City included an option to continue services with the selected consultant as an incentive for good performance. § Planning services will include, but are not limited to: - Traffic analysis, - Public meetings and outreach, - Conceptual plans, and - Field surveys and mapping. § On March 18, 2014, the City issued a Request for Qualifications for Advance Planning for five CNIP areas. In response to the RFQ, the City received six proposals from interested professional service providers. § The Project Team, consisting of City staff from Transportation, Engineering & Property Management, Planning, and Neighborhood & Business Services evaluated the proposals and determined that Kimley-Horn & Associates, Inc. was the best qualified firm to meet the City’s needs in terms of competence and qualification of professional services. § Upon completion of the planning phase, separate contracts for design phase services for the projects will be presented to the City Council for approval. § These contracts provide for Planning Phase work which includes public participation to identify alternates and study impacts of the planned improvements. The deliverable for these contracts will be a final concept plan of improvements to take forward to design and construction. Completion of the planning work is anticipated by the end of 2017. A schedule for design, real estate acquisition, and construction of these projects will be set at that time. Background § In November 2014, voters approved a Transportation Bond Referendum for $20 million to begin work on five CNIP areas. § After bond approval and also in November 2014, Kimley-Horn & Associates, Inc. was given Notice to Proceed on a contract for planning and public involvement in the Sunset/Beatties Ford Area to select improvements to fit within the allocated $20 million CNIP budget. § Based on the results of the advanced planning work, seven projects in Sunset/Beatties Ford Area were selected for detailed planning, design, and construction. - Kimley Horn & Associates, Inc. will be performing planning/design on the two projects referenced in the Action above. - City’s Engineering & Property Management staff will design two projects. - The City is currently negotiating contracts with consultants to perform planning and design City of Charlotte Page 31 Printed on 5/23/2016 City Council Business Meeting Meeting Agenda May 23, 2016 on three projects. The planning contracts will be brought to City Council later this year. Charlotte Business INClusion The City negotiates subcontracting participation after the proposal selection process (Part C: Section 2.1 (h) of the Charlotte Business INClusion Policy). Kimley-Horn has committed 32.27% ($157,238) of the total contract amount to the following certified firms: · CES Group Engineers (SBE) ($129,175) (survey) · Hinde Engineering (SBE) ($15,120) (utility coordination) · Boyle Consulting Engineers (SBE) ($12,943) (geotechnical) Fiscal Note Funding: General Community Investment Plan Attachment Map Location Map - Oakdale-Nevin Trail and Lakeview Road Upgrades 33. Albemarle Corporation Hangar License Action: Approve a five-year license with Albemarle Corporation for hangar space at Wilson Air Center-Charlotte. Staff Resource(s): Brent Cagle, Aviation Explanation § Albemarle Corporation is a specialty chemical company with customers in over 100 countries. § In August 2015, Albemarle Corporation announced that it would be relocating its headquarters from Baton Rouge, LA to Charlotte, NC. § The move represents an investment of $12.9 million in capital and will create approximately 120 new jobs for Charlotte. § The license allows Albemarle to store their corporate jet at the Airport’s Fixed Base Operator, Wilson Air Center Charlotte, located at the Charlotte Douglas International Airport. § The monthly license fee will be $4,092.44, with the annual amount totaling $49,109.28. Background § The Charlotte Douglas International Airport contracts with Wilson Air Center-Charlotte to provide hangar space for private and corporate aviation customers. § The executive terminal includes 23 corporate and private hangars. § The corporate and private hangars are 100% funded by leases and charges. Fiscal Note Funding: Revenue received from this license will be deposited to the Airport operating fund. City of Charlotte Page 32 Printed on 5/23/2016 City Council Business Meeting Meeting Agenda May 23, 2016 34. CATS Light Rail Vehicle Passenger Counting Software Upgrade Action: Approve a contract in the amount up to $136,000 with Init, Inc. for light rail vehicle passenger counting system upgrade services. Staff Resource(s): Mike Haddad, CATS Explanation § CATS Light Rail Vehicles (LRVs) use an automated passenger counting (APC) system supplied by Init, Inc. and based on the Windows XP operating system. § The upgrade will allow CATS to continue to provide timely and accurate information on ridership. § The current APC system has been in use since 2007 and now requires an upgrade to employ the City-standard Windows 7 operating system. § CATS has obtained a North Carolina State technology grant that will pay for 90% of the costs of this upgrade with CATS contributing a 10% local match. § This contract will allow CATS to upgrade the APC system of the entire existing light rail fleet (20 LRVs) as well as minor components (hard drive and memory) of the 24 additional BLE light rail vehicles for consistency of equipment. § The upgrade is predominantly programming services, but will also include all of the following: - PC2 on-board mini-computers, - Wireless antennas & brackets, - Software and customization, - Integration and support services, and - Training & system manuals. § Init, Inc. is the original equipment manufacturer and must be used to provide this service in order to maintain CATS existing hardware and software warranties. 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 Community Investment Plan and North Carolina Technology Grant City of Charlotte Page 33 Printed on 5/23/2016 City Council Business Meeting Meeting Agenda May 23, 2016 35. Regional Express Bus Service Agreement - Gastonia Action: A. Adopt a resolution amending the Interlocal Regional Express Bus Service Agreement with the City of Gastonia to add a midday trip service, and B. Authorize the City Manager to amend the agreement consistent with the City’s business needs and the purpose for which the agreement was approved. Staff Resource(s): Larry Kopf, CATS Explanation § As part of the Metropolitan Transit Commission (MTC) adopted financial policies, Gastonia reimburses the City for 50% of the net operating expenses (including overhead) for CATS regional express bus service between Gastonia and Uptown Charlotte. § On March 24, 2008, City Council approved the interlocal agreement with Gastonia for up to five years (one-year original term plus four annual renewals). § The agreement was renewed annually for the entire five years. § On March 25, 2013, City Council authorized the City Manager to renew the agreement for Fiscal Year 2014, with authorization for one-year renewals through Fiscal Year 2018. § Renewal years in 2013, and currently, are estimated to include a 4% increase in cost for each year. § Gastonia has requested that CATS provide an additional midday trip for the remaining term of the interlocal agreement including renewal terms (July 1, 2018). As part of the offer, Gastonia will: - Provide CATS with a Compressed Natural Gas (CNG) bus to operate the service. § The bus will be property of the City of Charlotte and will remain so after the expiration of the amended agreement. - Provide 100% of the net operating expenses (including overhead) for this additional midday trip. The funding for both will come from Gastonia’s Congestion Mitigation and Air Quality (CMAQ) grant funds. § CATS will administer the grant for the new midday trip. § The net operating expense for Fiscal Year 2017 is estimated to be: - Cost of new midday trip: $50,003 (80% CMAQ Grant/ 20% Gastonia) - Cost of all other services: $186,093 (50% Gastonia /50% CATS) - Total cost for all services: $236,096 § For Fiscal Year 2017, CATS will receive reimbursement of $143,049.50 representing the entire cost of the midday trip and 50% of the costs of all other services. Charlotte Business INClusion This is an interlocal agreement and is exempt (part A: Appendix 1.27 of the Charlotte Business INClusion Policy). Fiscal Note Funding: CMAQ grant funding, direct payment from Gastonia, and CATS Operating Budget Attachment Resolution Regional Express Bus Svc Agreement_Gastonia_5-23-16 City of Charlotte Page 34 Printed on 5/23/2016 City Council Business Meeting Meeting Agenda May 23, 2016 36. Charlotte Water Construction Rental Tools and Equipment Action: A. Approve the rental of equipment from a cooperative purchasing contract as authorized by G.S. 143-129(e)(3), B. Approve a unit price contract with Sunbelt Rentals, Inc., for the rental of tools and equipment for an initial term up to three years under The Cooperative Purchasing Network (Contact #R151501) dated October 20, 2015, and C. Authorize the City Manager to extend the contract for two additional, one-year terms as long as the cooperative contract is in effect, at prices and terms that are the same or more favorable than those offered under the cooperative contract. Staff Resource(s): Angela Lee, Charlotte Water Cooperative Purchasing Exemption NC S.L. 2001-328, effective January 1, 2002, authorizes competitive group purchasing. Explanation § When completing water and sewer repairs, field crews are occasionally required to use specialty equipment and tools, such as excavators, backhoes, large trench boxes, and bull dozers. § It is more cost effective for Charlotte Water to rent this equipment than to own and maintain the equipment on a long-term basis. § Sunbelt Rentals, Inc. has a contract awarded through The Cooperative Purchasing Network that offers competitively obtained contracts to public agencies nationwide. § The company will be paid the unit prices set forth in the contract, which are available upon request. § Annual expenditures are estimated to be $140,000. Charlotte Business INClusion This is a cooperative purchasing 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 35 Printed on 5/23/2016 City Council Business Meeting Meeting Agenda May 23, 2016 37. Charlotte Water Installment Financing Agreement for Vehicles and Equipment Action: Adopt a resolution approving an installment financing agreement up to $4.6 million for the purchase and delivery of Charlotte Water vehicles and equipment, and providing for the execution and delivery of various documents necessary to complete the agreement. Staff Resource(s): Robert Campbell, Management & Financial Services Barry Gullet, Charlotte Water Explanation § The action authorizes the City to enter into an installment financing agreement for up to $4.6 million in June 2016 to finance vehicles and equipment, such as cars, trucks, heavy equipment, and technology equipment. A list of the vehicles and equipment are provided as an attachment. § The City’s obligation to repay the debt will be secured by a security interest in the vehicles and equipment. § The current action will give approval to the City Manager and Chief Financial Officer to take necessary actions to complete the financing. § The City did not finance facility projects this year; therefore, it is more cost effective to finance the $4.6 million equipment needs through a bank, substantially decreasing issuance costs for the debt. Fiscal Note Funding: Charlotte Water Debt Service Fund Attachment List of Vehicles and Equipment Resolution FY2016 Capital Equipment List Approving Resolution - Charlotte 2016 Equipment Installment Financing (PNC) City of Charlotte Page 36 Printed on 5/23/2016 City Council Business Meeting Meeting Agenda May 23, 2016 38. Charlotte Water Bypass Pumping Services Action: A. Approve three unit price contracts for bypass pumping services each for a one-year term with the following companies: - Sunbelt Rentals, Inc., - Western Oilfields Supply Company, and - Xylem Dewatering Solutions, Inc. B. Authorize the City Manager to renew the contracts for two additional, one-year terms with possible price adjustments. Staff Resource(s): Angela Lee, Charlotte Water Explanation § Charlotte Water currently uses multiple vendors to perform bypass pumping in parts of the sanitary sewer pipe collection system, wastewater treatment processes, sewage lift stations, water treatment, and to remove water from large excavation areas. § Bypass pumping involves the rental and/or repair of pumps, related equipment, and an operator (either vendor-supplied or Charlotte Water staff) to temporarily reroute flow during scheduled or emergency repairs. A bypass pump operation may be called upon to safely reroute up to 54 million gallons of sewage in a single day. § On January 29, 2016, the City issued a Request for Proposal (RFP) for bypass pumping services. In response to the RFP, the City received three proposals from interested service providers. § Charlotte Water staff evaluated the proposals and determined that Sunbelt Rentals, Inc., Western Oilfields Supply Company, and Xylem Dewatering Solutions, Inc. best meet the City’s needs in terms of experience, cost, qualifications, and customer service approach. § A contract award to multiple vendors will ensure access to resources for these emergency services, which are needed 24 hours a day, seven days a week. § Based on past experience, Charlotte Water could need these services one to two times per week. § The annual expenditures are anticipated to total $300,000 per company. Charlotte Business INClusion No subcontracting goal was established because there are no subcontracting opportunities (Part C: Section 2.1(a) of the Charlotte Business INClusion Policy). Fiscal Note Funding: Charlotte Water Operating Budget City of Charlotte Page 37 Printed on 5/23/2016 City Council Business Meeting Meeting Agenda May 23, 2016 39. McDowell Creek Wastewater Treatment Plant - Digester and Chemical Feed Reliability Improvements Action: Award a contract in the amount of $3,082,000 to the lowest responsive bidder The Harper Corporation for the McDowell Creek Wastewater Treatment Plant - Digester and Chemical Feed Reliability project. Staff Resource(s): Carl Wilson, Charlotte Water Explanation § McDowell Creek Wastewater Treatment Plant (WWTP) has been in operation since 1979, with major expansions occurring in the years 1995 and 2007. § WWTP uses five large, concrete digester tanks in the treatment of wastewater. Digesters require routine periodic internal cleaning, inspection, and maintenance and only one digester can be removed from service at a time. § In addition a byproduct of local soft drink manufacturers, as a food source for the bacteria, is used in the wastewater treatment process. This byproduct, sugar water, offsets the use of acetic acid, which is more costly and has additional handling safety concerns. Charlotte Water estimates, at minimum, a savings of $65,000 per year in operating costs by using sugar water. - The two current sugar water storage tanks are 36 years old and have reached the end of their useful lives. § The contract with The Harper Corporation will provide services to support the Digester and Chemical Feed Reliability Improvement project. The work involves: - Inspecting, cleaning, completing repairs, and restoring internal concrete for the second of the five digesters, and - Adding three new 15,000 gallon stainless steel storage tanks, canopy, fill pump, and three metering pumps in a containment structure and truck off-loading spill containment area. § On October 29, 2015, Charlotte Water issued an Invitation to Bid for the rehabilitation of Digester Three and Chemical Feed Reliability at the McDowell Creek WWTP; the bids were rejected due to exceeding the budgeted funds for this project. § On March 16, 2016, Charlotte Water re-advertised the project; three bids were received from interested service providers that were within the original project budget. § The Harper Corporation was selected as the lowest responsive, responsible bidder. § The project is anticipated to be complete by fall of 2016. Charlotte Business INClusion Established SBE Goal: 2.00% Committed SBE Goal (at time of Bid): 3.15% SBE Committed Participation to Date: 4.09% The Harper Corporation exceeded the established subcontracting goal, and has committed 4.09% ($126,057) of the total contract amount to the following certified firms (Part B: Section 3 of the Charlotte Business INClusion Policy): · Nichols Custom Builders Design (SBE, MBE) ($94,690) (bathroom, paving, and curb) · P&TL, Inc. (SBE) ($1,363) (erosion control) · Buffkin Trucking, Inc. (SBE, MBE) ($1,000) (hauling) The Harper Corporation has also committed an additional 0.94% ($29,004.46) to the following certified firm(s): · Bonilla Brothers, LLC (SBE, WBE) ($29,004.46) (chemical building roofing) City of Charlotte Page 38 Printed on 5/23/2016 City Council Business Meeting Meeting Agenda May 23, 2016 Fiscal Note Funding: Charlotte Water Community Investment Plan Attachment Map McDowell WWTP Digester and Chem Feed Reliability Improvements - Map 40. Granite Street Force Main Replacement Action: Award a contract in the amount of $1,017,799.20 to the lowest responsive bidder Sanders Utility Construction Co., Inc. for the replacement of the Granite Street Force Main. Staff Resource(s): Carl Wilson, Charlotte Water Explanation § Charlotte Water experienced a leak on the existing 24-inch diameter Steele Creek Force Main located on Granite Street in Southwest Charlotte. This pipe conveys untreated wastewater from near Carowinds to the McAlpine Creek Wastewater Treatment Plant near Pineville. § The leak is temporarily controlled through the use of above-ground bypass piping, but the force main needs to be replaced. § The Granite Street force main replacement will repair the existing wastewater pipe and then serve as parallel infrastructure to a new force main as planned for redundancy. Construction of a $44 million project is already underway to replace the existing Steele Creek lift station and install a new parallel wastewater force main. However, work on that project is scheduled to be completed in 2018. § On May 12, 2016, Charlotte Water issued an Invitation to Bid for the Granite Street Force Main Replacement; four bids were received from interested service providers. § Sanders Utility Construction Co., Inc. was selected as the lowest responsive, responsible bidder. § The project is anticipated to be complete in 120 calendar days. Charlotte Business INClusion No subcontracting goal was established because there are no subcontracting opportunities (Part B: Section 2.3 of the Charlotte Business INClusion Policy). However, Sanders Utility Construction Co., Inc. committed 6.48% ($66,000) of the total contract amount to the following certified firms: · Jim Bob’s Grading & Paving (SBE) ($65,000) (paving) · All Points Trucking, Inc. (SBE, WBE) ($1,000) (hauling) Fiscal Note Funding: Charlotte Water Community Investment Plan Attachment Map Granite Street FM Map City of Charlotte Page 39 Printed on 5/23/2016 City Council Business Meeting Meeting Agenda May 23, 2016 41. Mallard Creek Wastewater Treatment Plant Centrifuge Maintenance Action: Approve a unit price contract with Sentrimax Centrifuges USA Inc. for centrifuge preventative maintenance and repair services at the Mallard Creek Wastewater Treatment Plant for a term of three years. Staff Resource(s): Jackie Jarrell, Charlotte Water Explanation § Centrifuges are used in wastewater treatment plants to remove excess water from sludge prior to disposal. These are very large machines that spin at high speeds. § The Mallard Creek Wastewater Treatment Plant uses centrifuge equipment for their sludge dewatering needs. Centrifuges require specialized equipment and staff to complete preventative maintenance and repair services. § On March 4, 2016, the City issued a Request for Proposal (RFP) for the Maintenance of Centrifuges. In response to the RFP, the City received five proposals from interested service providers. § Charlotte Water staff evaluated the proposals and determined that Sentrimax Centrifuges USA Inc. best meets the City’s needs in terms of experience and qualifications, in addition to providing the most competitive price. § The estimated annual cost is $100,000. Fiscal Note Funding: Charlotte Water Operating Budget 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). Attachment Map Centrifuge Maintenance for Mallard Creek Wastewater Treatment Plant - Map City of Charlotte Page 40 Printed on 5/23/2016 City Council Business Meeting Meeting Agenda May 23, 2016 42. Construction Manager at Risk Services for Sugar Creek Wastewater Treatment Plant Reliability Improvements Action: Approve a contract with Garney Companies, Inc. in the amount of $520,693 for the preconstruction phase services associated with the Sugar Creek Wastewater Treatment Plant Reliability Improvements project. Staff Resource(s): Carl Wilson, Charlotte Water Explanation § The Sugar Creek Wastewater Treatment Plant, near South Park at Fairview Road, is one of Charlotte Water’s oldest treatment plants, originally constructed in the 1920s, with major improvements in the 1950s, 1980s, and 1990s. § The primary objectives of the Reliability Improvements project are to identify and implement required upgrades to continue treating daily plant flow, while meeting all existing discharge permitting requirements, and adding chemical nutrient removal capability. § Upgrades include: - Aeration system improvements, - Main lift station improvements, - Effluent filter upgrades, - Potable and non-portable water system improvements, and - Instrumentation and control improvements. § Charlotte Water will use the Construction Manager at Risk (CMAR) project delivery method to provide more certainty with respect to project cost and schedule, mitigate risk during construction, enhance Minority/Woman/Small Business Enterprise participation, and allow for more effective coordination of construction and start-up activities with Charlotte Water operations staff. § On February 17, 2016, the City issued a Request for Qualifications for CMAR Services for Sugar Creek Reliability Improvements; six responses were received from interested service providers. § Charlotte Water staff evaluated the proposals and determined that Garney Companies, Inc. best meets the City’s needs in terms of firm and project team member experience. § The contract with Garney Companies, Inc. will provide for the CMAR’s preconstruction services during design. Preconstruction phase services include working collaboratively with Charlotte Water and the Design Engineer, HDR Engineering Inc. of the Carolinas to identify and mitigate risk, develop project schedules, develop construction cost estimates and bid packages, perform constructability reviews, and to establish and negotiate the guaranteed maximum price. § The CMAR project delivery method will require one additional contract for the construction phase, which will be brought to the City Council in 2017. § Garney Companies Inc., as the CMAR, will not be allowed to self-perform the construction work. The company will bid out work to subcontractors. § Garney Companies, Inc. will be responsible for managing the subcontractors work and delivering the project on schedule and on budget. Background § Charlotte Water presented this project and the CMAR delivery method to the Charlotte Water Advisory Committee on October 15, 2015, and to the City Council Environment Committee on November 11, 2015. § On November 23, 2015, City Council approved a contract with HDR Engineering Inc. of the Carolinas for final engineering design services, CMAR procurement assistance, and construction administration. § On February 22, 2016, City Council approved City staff to apply for the North Carolina Clean Water State Revolving Fund Loan for this project. The application has been submitted to the state of North Carolina for review. City of Charlotte Page 41 Printed on 5/23/2016 City Council Business Meeting Meeting Agenda May 23, 2016 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, Garney Companies, Inc. has committed 4.76% ($24,800) of the total contract amount to the following certified firms: · BW Solutions (SBE) ($24,800) (constructability review) Fiscal Note Funding: Charlotte Water Community Investment Plan Attachment Map CMUD_092214_SugarCreekWWTPReliability Improvements_Map 43. Sanitary Sewer Maintenance Training Program Action: A. Approve a unit price contract with Tilson & Associates, LLC for services for the Sanitary Sewer Maintenance Training Program 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 and to amend the contract consistent with the City’s business needs and the purpose for which the contract was approved. Staff Resource(s): Angela Lee, Charlotte Water Explanation § Charlotte Water is responsible for maintaining over 4,200 miles of sanitary sewer pipe. Proper maintenance and cleaning of sewer pipe is integral to preventing sewer overflows. § Tilson & Associates, LLC will develop a sanitary sewer collection system operation and maintenance training program for Charlotte Water Field Operations staff to ensure the proper operation of recently purchased sewer cleaning tools and equipment. § Cleaning sewer pipes is required by the North Carolina Department of Environmental Quality. § On March 14, 2016, the City issued a Request for Qualifications (RFQ) for the Sanitary Sewer Maintenance Training Program. In response to the RFQ, the City received one proposal from an interested professional service provider. § Charlotte Water staff evaluated the proposal and determined that Tilson & Associates, LLC is highly-qualified based on its experience providing similar services to large municipalities across the nation, project team qualifications, the quality of the proposal, and the approach to providing these services. § Estimated contract expenditures are $100,000 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: Charlotte Water Operating Budget City of Charlotte Page 42 Printed on 5/23/2016 City Council Business Meeting Meeting Agenda May 23, 2016 44. Engineering Services for Various Storm Drainage Repair Projects Action: Approve a contract in an amount not to exceed $1,250,000 with US Infrastructure of Carolina, Inc. for engineering analysis and design services for various storm drainage improvement projects. Staff Resource(s): Stewart Edwards, Engineering & Property Management Explanation § US Infrastructure of Carolina, Inc. will provide engineering analysis and design services for various storm drainage maintenance and repair projects (AI, A, and B priority requests for service), ranging from single property repairs to area-based drainage projects. § The use of consultants allows their specific expertise to be matched to the appropriate projects on a task-order basis. § Specific tasks associated with the services shall include, but are not limited to: - Coordination with property owners, - Site assessment activities, - Hydrologic and hydraulic analysis, - Determination of alternatives to address drainage issues, - Recommendation of a preferred solution, - Evaluation of downstream impacts, - Preparation of construction drawings, and - Providing assistance as needed throughout construction. § Work assignments will be generated in response to requests for services received by Storm Water Services from task orders issued by the project manager. § On December 1, 2014, the City issued a Request for Qualifications (RFQ) for Engineering Services for Various Storm Drainage Improvement Projects. In response to the RFQ, the City received 28 proposals from interested professional service providers. § Engineering & Property Management evaluated the proposals and determined that US Infrastructure of Carolina, Inc. was among the six firms selected based on competence, qualifications, and responsiveness. The other five consultants chosen during this RFQ were awarded contracts at the City Council Business Meeting on June 8, 2015. § The contract for US Infrastructure of Carolina, Inc. was delayed because the proposed project team changed after the selection process. The company’s existing contract with Storm Water Services was used to evaluate the new proposed team prior to awarding the contract. Charlotte Business INClusion The City negotiates subcontracting participation after the proposal selection process (Part C: Section 2.1 (h) of the Charlotte Business INClusion Policy). On these contracts US Infrastructure of Carolinas, Inc. committed 10% ($125,000) of the total contract amount to the following certified firms: · R. Joe Harris & Associates (SBE) ($100,000) (surveying) · Joel E. Wood & Associates (SBE) ($12,500) (geotech) · Barry Lambert Engineering (SBE) ($12,500) (utility location) Fiscal Note Funding: Storm Water Community Investment Plan City of Charlotte Page 43 Printed on 5/23/2016 City Council Business Meeting Meeting Agenda May 23, 2016 45. Trentwood Place Storm Drainage Repair Project Action: Award a contract in the amount of $434,361.40, to the lowest responsive bidder Carolina Cajun Concrete, Inc., for the Trentwood Place Storm Drainage Repair project. Staff Resource(s): Stewart Edwards, Engineering & Property Management Explanation § The Trentwood Place storm drainage repair project will replace existing failed corrugated metal pipe and associated infrastructure. § The project is located on Trentwood Place, Tanglebrook Lane and Pinestream Drive in Council District 2. § The work will include: - Replacement of approximately 680 feet of storm drainage pipe and associated drainage structures, - Asphalt pavement repair, - Curb and gutter replacement, - Driveways, and - Incidental water and sanitary sewer pipe replacement. § On April 18, 2016, the City issued an Invitation to Bid; nine bids were received from interested service providers. § Carolina Cajun Concrete, Inc. was selected as the lowest responsive responsible bidder. § The project is anticipated to be completed by fourth quarter 2016. Charlotte Business INClusion Established SBE Goal: 12.00% Committed SBE Goal: 12.21% Carolina Cajun Concrete, Inc. exceeded the established SBE subcontracting goal, and has committed 12.21% ($53,048) of the total contract amount to the following certified firms (Part B: Section 3 of the Charlotte Business INClusion Policy): · Streeter Trucking Company, Inc. (SBE, MBE) ($24,250) (hauling) · B & N Grading, Inc. (SBE) ($15,900) (asphalt) · B & B Concrete Construction of Charlotte, Inc. (SBE) ($12,898) (concrete) Established MBE Goal: 5.00% Committed MBE Goal: 5.58% Carolina Cajun Concrete, Inc. exceeded the established MBE subcontracting goal, and has committed 5.58% ($24,250) of the total contract amount to the following certified firms (Part B: Section 3 of the Charlotte Business INClusion Policy): · Streeter Trucking Company, Inc. (SBE, MBE) ($24,250) (hauling) Carolina Cajun Concrete, Inc. is a City SBE. Fiscal Note Funding: Storm Water Services Community Investment Plan Attachment Map Location Map - Trentwood Place Storm Drainage Improvement Project City of Charlotte Page 44 Printed on 5/23/2016 City Council Business Meeting Meeting Agenda May 23, 2016 46. Citywide Armored Car Services Action: A. Authorize the City Manager to negotiate and approve a unit price contract with Dunbar Armored Inc. for Armored Car Services for an initial term of three years, and B. Authorize the City Manager to renew the contract for up to two additional, one-year renewal terms with possible price adjustments and to amend the contract consistent with the City’s business needs and the purpose for which the contract was approved. Staff Resource(s): Robert Campbell, Management & Financial Services Explanation § City departments, including CATS and Aviation, require safe transportation of cash revenue from citizen pay stations. § These services are used to provide revenue transfer, deposit, and change run services supporting daily operations of the City. § On February 23, 2016, the City issued a Request for Proposals (RFP) for Armored Car Services. In response to the RFP, the City received one proposal from an interested service provider. All City registered vendors that provide related services, including 10 MWSBE companies, were notified of the contracting opportunity with no response. § The Project Team, consisting of staff from Management & Financial Services, CATS, and Aviation evaluated the proposal and determined that Dunbar Armored Inc. meets the City’s needs in terms of qualifications, experience, cost, and responsiveness to RFP requirements. § The contract is designed to be flexible in allowing other City departments to initiate Armored Car Services in the future. Should other departments require the services, terms and conditions will be negotiated with the vendor at that time and amended into the contract. § The company will be paid the unit prices set forth in the contract, a copy of which is available upon request. § The contract gives the City the option to renew for two additional, one-year terms with a price increase that will not exceed 5% per year. § Estimated contract expenditures are $300,000 annually, to include the following: - Approximately $65,000 for existing armored car service routes; and - Approximately $235,000 for future CATS ticket vending machine servicing and other services as needed. Charlotte Business INClusion No subcontracting goal was established on this contract because there are no opportunities (Part D: Section 6 of the Charlotte Business INClusion Policy). Fiscal Note Funding: Various Departments’ Operating Budgets City of Charlotte Page 45 Printed on 5/23/2016 City Council Business Meeting Meeting Agenda May 23, 2016 47. City Employee Dedicated Internet Access Action: A. Authorize the City Manager to negotiate and approve a contract with Cogent Communications Group Inc. for dedicated internet access for an initial term of three years, and B. Authorize the City Manager to renew the contract for up to two additional, one-year terms with possible price adjustments and to amend the contract consistent with the City’s business needs and the purpose for which the contract was approved. Staff Resource(s): Jeffrey Stovall, Innovation & Technology Randy Moulton, Innovation & Technology Explanation § As the primary provider for dedicated internet access for all City employees, Cogent Communications Group, Inc. (Cogent) provides high-speed Internet access, Ethernet transport, and colocation services. § The internet pipe will be at an increased bandwidth and will be used for all City employees on both wired and wireless networks, and City vendors and guests on official business inside City facilities. The City does not have a wireless network for the general public. § Services provided under this contract include dedicated internet access with 24 hour, 7-day a week, 365 day a year customer support by phone, email, and eCogent, an online portal. Support is provided by trained technicians with a 15-minute outage notification guarantee. § In December 2013, the City issued a Request for Proposal (RFP) for citywide data services. § On July 28, 2014, the City Council awarded Citywide contracts with AT&T and TW Telecom. - The internet service that is the subject of this item was included in the RFP and pricing was requested from the vendors. - The award of this service during the RFP process ultimately was deemed to be cost prohibitive at that time due to the existing contractual commitment with Cogent. § Estimated contract expenditures are $26,400 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: Innovation & Technology Operating Budget City of Charlotte Page 46 Printed on 5/23/2016 City Council Business Meeting Meeting Agenda May 23, 2016 48. Telecommunication Structure Services Action: Approve contract amendment #1 in an estimated amount of $470,000, with Professional Resources & Services, Inc. for engineering and maintenance services for existing telecommunications towers. Staff Resource(s): Jeffrey Stovall, Innovation & Technology Paul Wilkerson, Innovation & Technology Explanation § The City owns 19 telecommunication structures, including nine telecommunications towers, four structures on water tanks, one rooftop site, and five ground leased properties. § The City leases space on the telecommunications structures, generating approximately $736,000 in annual lease revenue. § Professional Resources & Services, Inc. serves as the City’s representative for coordination of engineering and construction services, structure inspections, maintenance, and required regulatory reporting for existing telecommunications structures. § The services performed at the individual structure locations include: - Engineering and construction services coordination, - Regulatory, structure, post-installation, post-modification, and periodic site inspections, - Structure mapping, including equipment and frequency identification, - Preparing and submitting local, state, and federal government reports, - Identifying and scheduling or conducting needed repairs, - Maintenance and repair of grounding, lighting, paint and markings, and City-owned cables, antennas, and equipment, - Cable, antenna, and equipment decommission, and - Foundation/structural repairs. § Services were previously performed on an as-needed basis by outside vendors. The City, however, chose to designate a single vendor to ensure services are performed efficiently and to provide a single point-of-contact. § City Council approved the award of the original contract on January 12, 2015 for a term of three years in an amount up to $265,000. § Charlotte Water and Innovation & Technology have projected additional work to be performed over the next two years, which will exceed the current approved contract amount. Contract amendment #1 will allow both departments to complete the following scope of work: - Engineering, carrier coordination, and repairs to Davidson Tower, - Charlotte Water services at Belhaven, - Structural integrity repairs at Sugar Creek, - Pre-installation services at seven public safety structures in preparation for the P25 digital network, and - Replace the current microwave backhaul, which has reached the end of its useful life between tower sites and perform associated studies and structural work. § The total expenditures for contract amendment #1 are estimated to be $470,000. - Charlotte Water: approximately $120,000, and - Innovation & Technology: approximately $350,000 for public safety projects. Charlotte Business INClusion No subcontracting goal was established because there are no opportunities (Part C: Section 2.1(a) of the Charlotte Business INClusion Policy). Fiscal Note Charlotte Water Operating Budget and Innovation & Technology Operating Budget City of Charlotte Page 47 Printed on 5/23/2016 City Council Business Meeting Meeting Agenda May 23, 2016 49. Refund of Property Taxes Action: Adopt a resolution authorizing the refund of property taxes assessed through clerical or assessor error in the amount of $147,851.54. Staff Resource(s): Robert Campbell, Management & Financial Services Explanation § Notification of Property Tax and Business Privilege License Tax refunds due to clerical or assessor error are provided to the City by Mecklenburg County. Pearson Review Update § In accordance with the ordinance approved by the City Council on August 25, 2014, and the North Carolina law, a list of refunds that have been paid since the last City Council Business Meeting as a result of the Pearson Review is available at the City Clerk’s Office. § The amount of Pearson Review refunds paid since the last City Council Business Agenda Meeting on May 9, 2016, totaled $214,584.19. Attachment List of Taxpayers and Refunds Requested Resolution List of Taxpayers and Refunds Requested Resolution 50. Resolution of Intent to Abandon Bonnie Circle and Forest Drive Action: A. Adopt a Resolution of Intent to abandon Bonnie Circle and Forest Drive, and B. Set a public hearing date on June 27, 2016. Staff Resource(s): Jeff Boenisch, Transportation Explanation § Bonnie Circle and Forest Drive are located in Council District 2. Attachment Map Resolution Council Map_Bonnie Circle and Forest Drive Resolution of Intent to Close Bonnie Circle and Forest Drive City of Charlotte Page 48 Printed on 5/23/2016 City Council Business Meeting Meeting Agenda May 23, 2016 51. Resolution of Intent to Abandon a Portion of Loma Linda Lane Action: A. Adopt a Resolution of Intent to abandon a portion of Loma Linda Lane, and B. Set a public hearing date on June 27, 2016. Staff Resource(s): Jeff Boenisch, Transportation Explanation § A portion of Loma Linda Lane is located in Council District 7. Attachment Map Resolution City Council Map_Loma Linda Lane Resolution of Intent to Close a portion of Loma Linda Lane 52. Meeting Minutes Action: Approve the titles, motions, and votes reflected in the Clerk’s record as the minutes of: - April 11, 2016, Business Meeting - April 18, 2016, Legislative Breakfast - April 18, 2016, Zoning Meeting Staff Resource(s): Stephanie C. Kelly, City Clerk’s Office City of Charlotte Page 49 Printed on 5/23/2016 City Council Business Meeting Meeting Agenda May 23, 2016 REFERENCES City of Charlotte Page 50 Printed on 5/23/2016 City Council Business Meeting Meeting Agenda May 23, 2016 53. 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 51 Printed on 5/23/2016 City Council Business Meeting Meeting Agenda May 23, 2016 opportunities on a Contract). Special Exemptions: Contracts where the Department and the Program Manager agree that the Department had no discretion to hire an SBE (e.g., emergency contracts or contracts for banking or insurance services) shall be Exempt Contracts. Appendix Section 35: Informal Contracts: Contracts and purchase orders through which the City procures services from a Business Enterprise that fall within one of the following two categories: Construction Contracts Less Than or Equal To $500,000: Service and Commodities Contracts That Are Less Than or Equal To $100,000: Part B: Formal Construction Bidding Part B: Section 2.1: When the City Solicitation Documents for a Construction Contract contain an MWSBE Goal, each Bidder must either: (a) meet the MWSBE Goal, or (b) comply with the Good Faith Negotiation and Good Faith Efforts requirements. Failure to do so constitutes grounds for rejection of the Bid. The City Solicitation Documents will contain certain forms that Bidders must complete to document having met these requirements. Part B: Section 2.3: No Goals When There Are No Subcontracting Opportunities. The City shall not establish Subcontracting Goals for Contracts where: a) there are no subcontracting opportunities identified for the Contract; or b) there are no SBEs, MBEs or WBEs (as applicable) to perform scopes of work or provide products or services that the City regards as realistic opportunities for subcontracting. Part C: Services Procurement Part C: Section 2.1: When the City Solicitation Documents for a Service Contract do not contain an SBE Goal, each Proposer must negotiate in good faith with each MWSBE that responds to the Proposer’s solicitations and each MWSBE that contacts the Proposer on its own accord. Additionally, the City may negotiate a Committed SBE Goal with the successful Proposer after the Proposal Opening. Part C: Section 2.1: No Goal When There Are No MWSBE Subcontracting Opportunities. The City shall not establish an MWSBE Goal for Service Contracts where there are no MWSBEs certified to perform the scopes of work that the City regards as realistic opportunities for subcontracting. Part D: Post Contract Award Requirements Part D: Section 6: New Subcontractor Opportunities/Additions to Scope, Contract Amendments If a Contractor elects to subcontract any portion of a Contract that the Contractor did not previously identify to the City as a subcontracting opportunity, or if the scope of work on a Contract increases for any reason in a manner that creates a new MWSBE subcontracting opportunity, the City shall either: § Notify the Contractor that there will be no Supplemental MWSBE Goal for the new work; or § Establish and notify the Contractor of a Supplemental MWSBE Goal for the new work. City of Charlotte Page 52 Printed on 5/23/2016 City Council Business Meeting Meeting Agenda May 23, 2016 54. 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 53 Printed on 5/23/2016 City Council Business Meeting Meeting Agenda May 23, 2016 55. 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 54 Printed on 5/23/2016 City Council Business Meeting Meeting Agenda May 23, 2016 Adjournment City of Charlotte Page 55 Printed on 5/23/2016