City Council Business Meeting

City of Charlotte Charlotte-Mecklenburg Government Center 600 East 4th Street Charlotte, NC 28202 Meeting Agenda Monday, September 12, 2016 Council Chambers City Council Business Meeting Mayor Jennifer W. Roberts Mayor Pro Tem Vi Lyles Council Member Al Austin Council Member John Autry Council Member Ed Driggs Council Member Julie Eiselt Council Member Claire Fallon Council Member Patsy Kinsey Council Member LaWana Mayfield Council Member James Mitchell Council Member Greg Phipps Council Member Kenny Smith City Council Business Meeting Meeting Agenda September 12, 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. 2. Charlotte Convention Center Long-term Needs Staff Resource(s): Bridget-Anne Hampden, Charlotte Regional Visitors Authority Tom Murray, Charlotte Regional Visitors Authority Time: 45 minutes Explanation § The Charlotte Regional Visitors Authority (CRVA) is responsible for managing several City-owned assets including the Charlotte Convention Center. § In accordance with the CRVA’s strategic plan and the organization’s charter that seeks to keep these destination assets and Charlotte as a whole competitive as it relates to the visitor economy, the CRVA has been examining long-term needs and recommendations for the Convention Center and surrounding area. § The presentation will share this initial groundwork and accompanying options for next steps. Future Action The presentation is for information purposes only. 3. Airport Area Strategic Development Plan Update Staff Resource(s): Brent Cagle, Aviation Stuart Hair, Aviation Time: 45 minutes Explanation § The purpose of the presentation is to provide the City Council an update on the Airport Area Strategic Development Plan (AASDP). § The City Council approved the development of the AASDP on October 26, 2015. The first phase of the AASDP has been completed by the consultant, MXD Development Strategists. § Staff will present the initial recommendations from the AASDP. Future Action Final recommendations will be presented to the City Council when the AASDP is complete. The anticipated timeframe is December 2016. City of Charlotte Page 2 Printed on 9/9/2016 City Council Business Meeting Meeting Agenda September 12, 2016 4. New CharlotteNC.gov Staff Resource(s): Jeff Stovall, Innovation & Technology Shawn Proffitt, Corporate Communications & Marketing Time: 15 minutes Explanation § The City is launching its new website and promoted domain - charlottenc.gov. § The purpose of the presentation is to: - Demonstrate the site, highlighting new features, and improvements, such as mobile support and compliance with the Americans with Disabilities Act, - Provide a summary of site statistics, and - Outline next steps, which include City staff working closely to develop plans for and manage the City’s web and digital assets. Future Action The presentation is for information only. 5. Answers to Mayor and Council Consent Item Questions Staff Resource(s): Hyong Yi, City Manager’s Office Time: 10 minutes Synopsis Staff responses to questions from the beginning of the dinner meeting. City of Charlotte Page 3 Printed on 9/9/2016 City Council Business Meeting Meeting Agenda September 12, 2016 Call to Order Roll Call Introductions Invocation Pledge of Allegiance City of Charlotte Page 4 Printed on 9/9/2016 City Council Business Meeting Meeting Agenda September 12, 2016 7:00 P.M. AWARDS AND RECOGNITION 6. National Suicide Prevention Week Proclamation Action: Mayor Roberts will read a proclamation recognizing September 5-11, 2016 as National Suicide Prevention Week. 7. Progress in Education Day Proclamation Action: Council member Phipps will read a proclamation recognizing September 24, 2016 as Progress in Education Day. 8. Dr. Peter M. Wherry Day Proclamation Action: Mayor Roberts will read a proclamation recognizing October 16, 2016 as Dr. Peter M. Wherry Day. 9. Ovarian Cancer Awareness Month Proclamation Action: Mayor Roberts will read a proclamation recognizing September 2016 as Ovarian Cancer Awareness Month. 10. Dyslexia Awareness Month Proclamation Action: Mayor Roberts will read a proclamation recognizing October 2016 as Dyslexia Awareness Month. City of Charlotte Page 5 Printed on 9/9/2016 City Council Business Meeting Meeting Agenda September 12, 2016 11. Consent agenda items 29 through 64 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 9/9/2016 City Council Business Meeting Meeting Agenda September 12, 2016 POLICY 12. City Manager’s Report 13. Amending City Council’s Resolution on Boards and Commissions Action: Approve the Governance and Accountability Committee’s recommendation and adopt a revised resolution on Boards and Commissions. Committee Chair: Council member Kenny Smith Staff Resource(s): Stephanie C. Kelly, City Clerk’s Office Explanation § The revised Resolution makes a number of changes to the Resolution on Boards and Commissions adopted by the City Council in 1997 and amended in 2000, 2003, and 2009. § Key changes are as follows: - Any applicant receiving at least six nominations shall be appointed by acclamation, upon a motion, second and vote of the City Council, (pending favorable background check that are required by designated boards). - Remaining nominations shall be emailed to the City Council members on the day following the meeting. - Any applicant receiving a minimum of two nominations shall be brought forward for consideration during appointments. - At the dais, the City Council members will be provided a hard copy of the voting results and any run-offs required. - Additional non-material technical edits to clean-up and/or clarify policy language and current practices. Governance and Accountability Committee Discussion § At the March 28, 2016, City Council Business Meeting, Council member Autry requested a referral to the Committee to review and make recommendations on improvements to the process of nominations and appointments to the City Council’s advisory boards and commissions. § The current policies and practices, as well as potential options, were reviewed by the Committee at their meetings on April 25, 2016, and June 27, 2016. § A presentation was given to the full City Council during the dinner briefing of the Council Business Meeting on July 25, 2016. The City Clerk’s Office gave an overview of the current process, provided staff and Committee recommendations and sought City Council input and guidance on any desired changes. § The Committee met on August 31, 2016, to consider final recommendations for revisions to the resolution. § The Committee voted unanimously (Smith, Mayfield, and Phipps; Autry was not present) to recommend the revised resolution on Boards and Commissions. Attachment Resolution Resolution for Boards and Commissions.pdf City of Charlotte Page 7 Printed on 9/9/2016 City Council Business Meeting Meeting Agenda September 12, 2016 14. Housing Locational Policy Waiver Request for Granite Pointe Apartments Action: Approve the Housing and Neighborhood Development Committee’s recommendation to grant a waiver of the Housing Locational Policy to Pedcor LLC for development of the Granite Point Apartments. Committee Chair: LaWana Mayfield Staff Resource(s): Pamela Wideman, Neighborhood & Business Services Zelleka Biermann, Neighborhood & Business Services Explanation § Pedcor LLC, a nationally ranked affordable housing developer is requesting a waiver of the Housing Locational Policy for Granite Pointe Apartments, which are to be constructed at 9101 Nations Ford Road, a non-permissible area per the policy. § This new multi-family development is appropriately zoned for the proposed use as R-17MF and B-1 and will consist of 198 affordable housing units serving households earning 60% of the area median income ($40,320). § Approval of this item is consistent with City Council’s priority to build and preserve vibrant and diverse neighborhoods by expanding the supply of affordable/workforce housing through new construction and preservation of the existing housing stock. § This development will have a fully staffed clubhouse/leasing office with several features, including a multi-purpose community room, exercise room, resident computer center, swimming pool and sundeck with a playground. § It is also located within one mile of amenities such as retail stores, restaurants, an elementary school, a healthcare facility, as well as a bus stop and light rail station. § In accordance with the policy, two community meetings were held prior to the September 7th Housing & Neighborhood Development Committee, additionally letters of notification about the requested waiver and the September 12, 2016, Council meeting were mailed to the adjoining property owners on August 29, 2016. Housing & Neighborhood Development Committee Discussion § On September 7, 2016, Neighborhood & Business Services staff made a presentation on the waiver to the Housing & Neighborhood Development Committee. The Committee voted as follows: 2 to 1 (Autry and Austin voted yes. Mayfield voted no.) to recommend the waiver of the Housing Locational Policy to the City Council for approval at the September 12th Council Business Meeting. Attachment September 7, 2016 Housing & Neighborhood Development Committee Presentation *Contact your department’s Strategy & Budget Analyst, as he/she is responsible for creating the budget ordinance for Council Business Agenda items. For attachments uploaded in Legistar, but not intended to include on the meeting agenda (e.g. summary of bids) - below the attachment table, uncheck both boxes “Print This Attachment with Reports” and “Show This Attachment on Internet Reports” to prevent the attachment from showing on the meeting agenda. HLP Waiver Request - FINAL City of Charlotte Page 8 Printed on 9/9/2016 City Council Business Meeting Meeting Agenda September 12, 2016 BUSINESS 15. CityLYNX Gold Line Phase 2 - Small Starts Grant Action: Adopt a budget ordinance appropriating a $74,999,999 Small Starts Grant from the Federal Transit Administration’s Capital Investment Grant Program to the City’s General Community Investment Plan Fund for the CityLYNX Gold Line Phase 2 project. Staff Resource(s): John Muth, CATS Jeb Blackwell, Engineering & Property Management David McDonald, CATS Explanation § The CityLYNX Gold Line is a 10 mile streetcar system from the Rosa Parks Place Community Transit Center to the Eastland Community Transit Center. It is an integral component of the Metropolitan Transit Commission’s adopted 2030 Transit Corridor System Plan that links bus and rail service in the Central Business District. § The 1.5 mile Phase 1 opened in July, 2015, with service from the Charlotte Transportation Center at Time Warner Cable Arena to CPCC and Novant Health Presbyterian Hospital. § On May 28, 2013, City Council authorized advancement of Phase 2 of the CityLYNX Gold Line project to extend the Phase 1 alignment by 2.5 miles, add 11 new stops and replace the Gomaco replica trolley vehicles with modern streetcar vehicles. The CityLYNX Gold Line Phase 2 project will extend 2 miles west from the Charlotte Transportation Center to French Street and one-half mile east along Hawthorne Lane from Novant Health Presbyterian Hospital to Sunnyside Avenue. § City Council committed City funds of $75,000,000 as the local share of this Federal project ($63,000,000 on May 20, 2013 and $12,000,000 on September 8, 2014). § In May 2016, the Federal Transit Administration (FTA) awarded a Small Starts Grant to the City for the CityLYNX Gold Line Phase 2 Project in the amount of $74,999,999. This amount is 50% of the total project cost of $149,999,999. § The budget ordinance will appropriate the federal share of the project and allow staff to begin to seek reimbursement from the FTA for the 50% of the funds spent to advance the project (approximately $9.5 million) since beginning project development in February 2014. Fiscal Note Funding: General Community Investment Plan Attachment Budget Ordinance Budget Ordinance City of Charlotte Page 9 Printed on 9/9/2016 City Council Business Meeting Meeting Agenda September 12, 2016 16. Airport Concourse E Gate Expansion and Training Facility Action: A. Award a contract in the amount of $30,509,000 to the lowest responsive bidder, Archer Western Contractors, LLC for construction of Concourse E Gate Expansion and Express Training Facility, and B. Adopt a budget ordinance appropriating a total of $30,509,000 to the Aviation Community Investment Plan Fund from: - 2016 Bond Anticipation Notes proceeds, in the amount of $7,652,990, - Aviation Discretionary Fund, in the amount of $22,856,010. Staff Resource(s): Jack Christine, Aviation Explanation § Since opening Concourse E in 2002, the airlines using the concourse have continuously increased their use of the gates, both in terms of frequency and the use of larger aircraft capable of carrying more passengers. § The Concourse E Expansion project will add a 31,000 square foot expansion to the concourse to provide facilities for the additional passenger load. The expansion will include additional passenger hold rooms, public restrooms, and passenger loading bridges. § The Express Training facility is a tenant-requested 8,500 square foot addition, which provides a training facility for airline employees and a location (room) for unaccompanied traveling minors. § On April 13, 2016, the City issued an Invitation to Bid; no bids were received. § On May 12, 2016, the project was re-advertised, and on June 21, 2016, five bids were submitted from interested service providers. § Archer Western Contractors, LLC was selected as the lowest responsive, responsible bidder. § The project is anticipated to be complete by summer of 2019. Charlotte Business INClusion Established SBE Goal: 12.00% Committed SBE Goal: 14.38% Archer Western exceeded the established subcontracting goal, and has committed 14.38% ($4,361,942.20) of the total contract amount to the following certified firms (Part B: Section 3 of the Charlotte Business INClusion Policy): · TEC Electric (SBE, MBE) ($4,100,000) (electrical) · United Painting (SBE, MBE) ($141,750) (painting) · All Points Trucking (SBE, WBE) ($65,487) (earth moving) · CES Group Engineers (SBE, WBE) (surveying and layout) · Berry’s Container Service LLC (SBE) ($25,000) (dumpster, trash containers) · Carolina Traffic Controls LLC (SBE) ($5,000) (directional boring) Established MBE Goal: 7.00% Committed MBE Goal: 23.46% Archer Western exceeded the established subcontracting goal, and has committed 23.46% ($7,156,750) of the total contract amount to the following certified firms (Part B: Section 3 of the Charlotte Business INClusion Policy): · TEC Electric (MBE, SBE) ($4,100,000) (electrical) · Superior Mechanical Systems (MBE) ($2,915,000) (mechanical/HVAC) · United Painting (MBE, SBE) ($141,750) (painting) City of Charlotte Page 10 Printed on 9/9/2016 City Council Business Meeting Meeting Agenda September 12, 2016 Fiscal note Funding: Aviation Community Investment Plan This project is funded with 2016 Bond Anticipation Notes and Aviation Discretionary Funds. Aviation anticipates the ultimate funding sources will be a combination of Passenger Facility Charges Funds and General Airport Revenue Bonds. Attachment Map Budget Ordinance Aviation Map - Concourse E Expansion and Training Facility Airport ORD082216 - Airport Concourse E Gates Expansion and Training Facility City of Charlotte Page 11 Printed on 9/9/2016 City Council Business Meeting Meeting Agenda September 12, 2016 17. Airport Concourse E Baggage Transfer Facility and Ramp Expansion Action: A. Award a contract in the amount of $24,456,007 to the lowest responsive bidder, Edison Foard Construction Services, Inc. for construction of Concourse E Baggage Transfer Facility, Ramp Expansion, and support facilities, and B. Adopt a budget ordinance appropriating a total of $24,456,007 to the Aviation Community Investment Plan Fund from the: - 2016 Bond Anticipation Notes proceeds, in the amount of $10,762,323, - Aviation Discretionary Fund, in the amount of $13,693,684. Staff Resource(s): Jack Christine, Aviation Explanation § The increase in aircraft and passengers using Concourse E requires additional support facilities to aid the efficient servicing of aircraft and baggage transfer. § In addition to the expansion of the concrete ramp, this construction project includes a lavatory dump station, a ground-support-equipment fueling facility, and the baggage transfer facility. - The baggage transfer facility includes two new buildings adjacent to Concourse E. - These facilities will house the staff and support functions, and facilitate the sorting and transfer of passenger baggage. - The first building is approximately 76,400 square feet with multiple conveyors and sorting devices, and will be used for the baggage transfer. - The second building is approximately 6,700 square feet and will be used for staff offices and support functions. § On February 23, 2015, the City Council approved a design contract with RS&H Architects- Engineers-Planners, Inc. for design services for a baggage transfer facility. § On April 13, 2015, City Council approved a design contract to AVCON, Inc. for design services for Ramp E expansion and support facilities. § On May 2, 2016, the City issued an Invitation to Bid for Construction; two bids were received from interested service providers. § Edison Foard Construction Services, Inc. was selected as the lowest responsive, responsible bidder. Charlotte Business INClusion Established SBE Goal: 8.00% Committed SBE Goal: 4.04% SBE Commitment to date: 8.39% Edison Foard Construction Services failed to meet the SBE goal at bid opening, but exceeded the minimum Good Faith Efforts points (Part B: Section 5 of the Charlotte Business INClusion Policy). Edison Foard’s initial SBE commitments totaled 4.04% ($988,612) of the total contract amount, to the following certified firms: · D.E. Walker Construction (SBE) ($481,000) (utilities/site improvement) · Steven’s Interiors (SBE) ($205,482) (drywall) · Express Logistics Services (SBE, MBE) ($176,000) (hauling) · Mountain Oak Millwork (SBE, WBE) ($36,500) (millwork) · An Eimaj Painting (SBE, MBE) ($30,855) (painting) · P&TL (SBE) ($22,500) (erosion control) · Window2Wall (SBE) ($18,200) (windows) · RAM Pavement Services (SBE) ($18,075) (pavement marking) City of Charlotte Page 12 Printed on 9/9/2016 City Council Business Meeting Meeting Agenda September 12, 2016 A further detailed write up of Edison Foard’s Good Faith Efforts are attached. Subsequent to bid opening, Edison Foard has committed an additional 4.35% ($992,205) to the following certified firms: · Friends and Brothers Concrete, Inc (SBE, MBE) ($920,000) (concrete) · All Points Trucking Inc (SBE, WBE) ($70,000) (hauling) · Express Logistics Services (SBE, MBE) ($30,000) (additional hauling) · Bucket, Mop and Broom Cleaning (SBE) ($16,130) (windows) · Berry’s Container Services (SBE) ($15,000) (waste management) · Martin Landscaping (SBE, WBE) ($11,075) (seed, matting, mulching) Established MBE Goal: 6.00% Committed MBE Goal: 9.56% MBE Commitment to Date: 13.33% Edison Foard exceeded the established subcontracting goal at bid opening and has committed 9.52% ($2,339,195) of the total contract amount to the following certified firms: · Besco Electric (MBE) ($1,642,340) (electrical) · Superior Mechanical Systems (MBE) ($490,000) (HVAC) · Express Logistics Services (MBE, SBE) ($176,000) (hauling) · An Eimaj Painting (MBE, SBE) ($30,855) (painting) Subsequent to bid opening, Edison Foard has committed an additional 3.77% ($920,000) to the following certified firm: · Friends and Brothers Concrete, Inc (SBE, MBE) ($920,000) (concrete) Fiscal Note Funding: Aviation Community Investment Plan This project is funded with 2016 Bond Anticipation Notes and Aviation Discretionary Funds. The ultimate funding source of this project is Passenger Facility Charge Funds and General Airport Revenue Bonds. Attachment Edison Foard Good Faith Efforts Budget Ordinance GFEs Ramp E Edison Foard - Airport Concourse E Baggage Transfer Facility/Ramp Expansion Airport ORD0091216 - Airport Concourse E Baggage Transfer Facility and Ramp Expansion City of Charlotte Page 13 Printed on 9/9/2016 City Council Business Meeting Meeting Agenda September 12, 2016 18. General Obligation Bonds Refunding Action: A. Introduce a bond order authorizing the City to convert current, short-term construction period financing (also known as commercial paper) to permanent long-term financing by issuing up to $150,000,000 in General Obligation Refunding Bonds, and B. Adopt a resolution making certain statement of facts concerning the proposed bond issue and set a public hearing regarding these bonds for September 26, 2016. Staff Resource(s): Randy Harrington, Management & Financial Services Robert Campbell, Management & Financial Services Explanation § The City issues short-term, variable rate debt during construction periods for transportation and neighborhood improvement projects. Once the total of completed projects reaches approximately $150,000,000, the short-term financing is converted to long-term fixed rate debt. § The combination of short-term construction period debt, which is later converted to long-term debt, is consistent with prior City practice and financial best practices. This approach also results in the lowest overall cost to taxpayers. § Actions A and B begin the process of replacing currently outstanding short-term debt (commercial paper) with long-term financing in the form of General Obligation Refunding bonds. § At its Council Business Meeting on September 26, 2016, the City Council will be asked to take further actions to: - Hold the public hearing on the long-term financing in the form of General Obligation Refunding Bonds to replace currently outstanding short-term, variable rate debt (commercial paper), - Complete the process of authorizing the bonds, and - Authorize a new construction period financing program to be used for projects authorized in the 2010 and 2014 referendums. Fiscal Note Funding: Municipal Debt Service Fund Attachment Bond Order Resolution Notice of Public Hearing Charlotte 2016 Refunding GOs (CP takeout) - w_public hearing City of Charlotte Page 14 Printed on 9/9/2016 City Council Business Meeting Meeting Agenda September 12, 2016 19. Nominations to the Charlotte International Cabinet Action: Nominate citizens to serve as specified. Staff Resource(s): Stephanie Kelly, City Clerk’s Office Explanation § One recommendation by the Charlotte Chamber of Commerce for appointment by City Council for an unexpired term beginning immediately and ending June 30, 2019. - The vacancy is from the Cabinet restructuring in July 2015. - The Charlotte Chamber of Commerce has recommended Anthony Atiase. - The letter of recommendation follows his application. § One appointment in the Cultural/Ethnic category for an unexpired term beginning immediately and ending June 30, 2018. - Ngongo Musafiri did not meet attendance requirements. Attachment Charlotte International Cabinet Applicants 20. Nomination to the Charlotte-Mecklenburg Public Access Corporation Action: Nominate a citizen to serve as specified. Staff Resource(s): Stephanie Kelly, City Clerk’s Office Explanation § One appointment for an unexpired term beginning immediately and ending June 30, 2019. - Nimish Bhatt did not meet attendance requirements. Attachment Charlotte-Mecklenburg Public Access Corporation Applicants 21. Nominations to the Charlotte Regional Visitors Authority Action: Nominate citizens to serve as specified. Staff Resource(s): Stephanie Kelly, City Clerk’s Office Explanation § One appointment in the At-large category for an unexpired term beginning immediately and ending June 30, 2019. - Sabrina Brown has resigned. Attachment Charlotte Regional Visitors Authority Applicants City of Charlotte Page 15 Printed on 9/9/2016 City Council Business Meeting Meeting Agenda September 12, 2016 22. Nominations to the Community Relations Committee Action: Nominate citizens to serve as specified. Staff Resource(s): Stephanie Kelly, City Clerk’s Office Explanation § Two appointments for unexpired terms beginning immediately and ending June 30, 2019. - Nehemie Owen and Tin Nguyen have resigned. Attachment Community Relations Committee Applicants 23. Nominations to the Domestic Violence Advisory Board Action: Nominate citizens to serve as specified. Staff Resource(s): Stephanie Kelly, City Clerk’s Office Explanation § Two appointments for terms beginning September 22, 2016, and ending September 21, 2019. - Kawana Davis is eligible and interested in being reappointed. - Jacqueline Dienemann has completed two terms; therefore, she is not eligible for reappointment. Attachment Domestic Violence Advisory Board Applicants 24. Nomination to the Housing Advisory Board of Charlotte-Mecklenburg Action: Nominate a citizen to serve as specified. Staff Resource(s): Stephanie Kelly, City Clerk’s Office Explanation § One appointment in the Financial category for an unexpired term beginning immediately and ending June 30, 2017. - Nancy Crown is deceased. Attachment Housing Advisory Board of Charlotte-Mecklenburg Applicants City of Charlotte Page 16 Printed on 9/9/2016 City Council Business Meeting Meeting Agenda September 12, 2016 25. Nomination to the Housing Appeals Board Action: Nominate a citizen to serve as specified. Staff Resource(s): Stephanie Kelly, City Clerk’s Office Explanation § One appointment in the City Within a City Tenant category for an unexpired term beginning immediately and ending December 31, 2016, and then continuing for a full three-year term beginning January 1, 2017, and ending December 31, 2019. - James Guntrum has resigned. Attachment Housing Appeals Board Applicants 26. Nomination to the Planning Commission Action: Nominate a citizen to serve as specified. Staff Resource(s): Stephanie Kelly, City Clerk’s Office Explanation § One recommendation by the Board of Education for appointment by City Council for a term beginning July 1, 2016, and ending June 30, 2019. - Samuel R Spencer IV is eligible and interested in being reappointed. - The Board of Education recommends Mr. Spencer’s reappointment. - The recommendation letter follows his application. Attachment Planning Commission Applicants 27. Nominations to the Tree Advisory Commission Action: Nominate citizens to serve as specified. Staff Resource(s): Stephanie Kelly, City Clerk’s Office Explanation § One appointment for a three-year term beginning September 17, 2016, and ending September 16, 2019. - Tom Johnson has resigned. § One appointment for an unexpired term beginning immediately and ending December 13, 2018. - Madeline De Grace did not meet attendance requirements. Attachment Tree Advisory Commission Applicants City of Charlotte Page 17 Printed on 9/9/2016 City Council Business Meeting Meeting Agenda September 12, 2016 28. Mayor and City Council Topics The City Council members may share information and raise topics for discussion. City of Charlotte Page 18 Printed on 9/9/2016 City Council Business Meeting Meeting Agenda September 12, 2016 CONSENT City of Charlotte Page 19 Printed on 9/9/2016 City Council Business Meeting Meeting Agenda September 12, 2016 29. Juvenile Offender Diversion Program Grant Action: A. Accept a grant from the Mecklenburg County Juvenile Crime Prevention Council in the amount of $95,666 to fund the Juvenile Offender Diversion Program, and B. Adopt a budget ordinance appropriating $95,666 in funds from Mecklenburg County. Staff Resource(s): Diego Anselmo, Police Cara Evans-Patterson, Police Explanation § Each year Mecklenburg County’s Juvenile Crime Prevention Council (JCPC) receives funds from the North Carolina Division of Juvenile Justice for programs targeting youth offenders. § The JCPC has awarded the Charlotte-Mecklenburg Police Department (CMPD) $95,666 to fund the fifth year of CMPD’s Juvenile Offender Diversion Program. - The funds will enable school resource officers, patrol, and court counselors, from the North Carolina Department of Juvenile Justice and Delinquency Prevention, to refer up to 126 first-time juvenile offenders to a diversion program focused on building interpersonal and decision-making skills. - In addition, parental skill training will be provided to the parents/guardians of program participants. § Juvenile offenders who have committed a first offense, such as simple assault, larceny, public disturbance, trespassing, or damage to property may be referred to the program if they meet the criteria established by CMPD and the Mecklenburg County District Attorney. - The youth are referred to the program in lieu of being arrested for the offense they have committed. - Pre-adjudicated youth who are given the opportunity to attend the diversion program in lieu of arrest, but fail to do so, will then be subject to arrest. § The Juvenile Offender Diversion Program consists of two, four-hour sessions focused on building communication skills, decision-making, taking responsibility for one’s actions, and education/career development plans. - There is also a session where youth are joined by their parents or guardians to address issues related to family dynamics. § Once a youth has completed the diversion program, the assigned school resource officer will engage the youth in weekly conversations to help apply the lessons learned through the program. § To date, the program has served 1,671 youth, 1,540 (92%) of whom did not commit any further offenses 12 months after program completion. As a result of CMPD’s efforts, including the Juvenile Diversion Program, there has been an 8.8% decrease in CMPD juvenile arrests between (July 1, 2014 - June 2015) and (July 2, 2015 - June 30, 2016). § The grant amount is $95,666 and requires an in-kind match of 30%, which is provided through CMPD’s operating budget. The grant funds: - 100% of the salary and benefits for a diversion specialist position, and - Workshops for juvenile offenders and their parents or guardians. § The in-kind match, in the amount of $105,385, will fund: - 30% of the Juvenile Offender program manager’s salary and benefits, and - Facility cost, in the amount of $76,128, for using the Oaklawn Building as the program site. § The Oaklawn Building is a larger facility at 4,758 square feet. Cost for using the space has increased by $60,857 in comparison to the previous program site (1330 Spring Street) at 1,144 square feet. § The grant period is from July 1, 2016, through June 30, 2017. City of Charlotte Page 20 Printed on 9/9/2016 City Council Business Meeting Meeting Agenda September 12, 2016 Fiscal Note Funding: Juvenile Crime Prevention Council Grant and Police Operating Budget Attachment Budget Ordinance Juvenile Offender Diversion Prog_Ord_9-12-16 30. Police Situational Awareness System Contract Amendment Action: Approve contract amendment #1 in the estimated amount of $488,657 with the South Carolina Research Authority for services to support additional application and systems integration for the Alastar Situational Awareness System. Staff Resource(s): Stephen Willis, Police Crystal Cody, Police Explanation § On August 24, 2015, the City Council approved a federal contract with the South Carolina Research Authority for Phase 1 of the Alastar Situational Awareness (Alastar) system, which included software, maintenance, and implementation services for a three-year term. § The Alastar system provides Charlotte-Mecklenburg Police Department’s Real-Time Crime Center (CMPD) a single graphical user interface, allowing staff to more easily and quickly identify available resources and receive real-time information (including video) when responding to a high-priority crime incident. - Phase 1 functionality included graphical map overlays, such as police divisions and critical infrastructure, access to social media feeds and traffic cameras, and access to live web services. § At this time, CMPD seeks to enter into Phase 2 of the project that will allow integration of additional current CMPD applications and systems, such as KBCOPS, the electronic offender monitoring system, and the computer-aided dispatch system, as well as provide enhancements to system features and functionality. § CMPD recognizes several benefits in using Alastar, including: - Integration of systems into a single user-friendly interface, - Web-based browser access for staff to real-time and historical information, - The ability to manage system configurations (views and permissions) based on business needs, and - The opportunity for other public safety agencies, such as the Charlotte Fire Department to use this system. § Under the current contract, South Carolina Research Authority has completed Phase 1 to implement the Alastar base functionality. § Expenditures for Phase 2 are estimated at $488,657. Maintenance cost will remain at the original contracted amount of $16,200. Fiscal Note Funding: Asset Forfeiture Funds City of Charlotte Page 21 Printed on 9/9/2016 City Council Business Meeting Meeting Agenda September 12, 2016 31. Police Firing Range Expansion Action: Award a contract in the amount of $275,000 to the lowest responsive bidder, United Construction Company, Inc. for the Police Firing Range Expansion project. Staff Resource(s): Jason Helton, Police Steve Marlowe, Engineering & Property Management Explanation § On March 28, 2016, the City Council approved a Military Construction Cooperative Agreement between the Charlotte-Mecklenburg Police Department (CMPD) and the National Guard Bureau (NGB). § Military Construction Cooperative Agreements authorize NGB to work with other entities on the construction of military facilities, real property improvements, design services, and other projects directed by Congress or the Department of Defense. § The Military Construction Cooperative Agreement for Police Firing Range fills a need for both CMPD and NGB. - The Police Firing Range has not been expanded in 15 years to reflect the growth in training needs. § North Carolina Air National Guard soldiers must drive 358 miles to Ft. Benning, Georgia to complete training. With the proposed improvements, those seeking training qualifications would only drive five miles to the Police and Fire Training Academy from the Charlotte-Douglas International Airport. § NGB contributed funds in the amount of $150,000 for the expansion of the Police Firing Range located at 1770 Shopton Road, Charlotte, North Carolina. § The project scope includes: - Expanding from 20 to 30 total lanes, which will allow CMPD to use the same number of trainers and increase training from 150 to 210 officers per day. - Expanding the backstops (safety barriers between the range and external environment) of the firing range to meet U.S. Air Force standards of approximately 1,000 linear feet. § Current noise levels will not increase due to the firing lane expansions. § On July 15, 2016, the City issued an Invitation to Bid for the expansion and improvements of CMPD’s firing range at the Police and Fire Training Academy; three bids were received from interested service providers. § United Construction Company, Inc. was selected as the lowest responsive, responsible bidder. § The project should be complete by first quarter 2017. Charlotte Business INClusion § Construction contracts estimated to be less than $300,000 are informal and are exempt from the goal setting process (Part A: Section 3.1 of the Charlotte Business INClusion Policy). § However, for this contract, United Construction Company, Inc. has committed 30.9% ($85,000) of the total contract amount to the following certified firm: ­ Carolina Cajun Concrete, Inc. (SBE) ($85,000) (grading and concrete) Fiscal Note Funding: Police Operating Budget and the National Guard Bureau City of Charlotte Page 22 Printed on 9/9/2016 City Council Business Meeting Meeting Agenda September 12, 2016 32. Charlotte-Mecklenburg Police Department University City Division Lease Extension Action: Approve an amendment to the lease agreement at 8401 University Executive Park Drive, Suite 120 (portion of tax parcel identification number 047-211-18), for the Charlotte-Mecklenburg Police Department University City Division station, extending the term of the lease for five years at 3% escalation per year for a total of $1,220,451.93. Staff Resource(s): Katrina Graue, Police Lisa Goelz, Police Tony Korolos, Engineering & Property Management Explanation § The Charlotte-Mecklenburg Police Department (CMPD) University City Division has leased a 10,717 square foot suite at 8401 University Executive Park Drive from ATAPCO UEP, Inc since September 29, 2006. § On September 11, 2006, the City Council approved the original agreement, which expires on December 31, 2016. § The proposed lease extension amendment includes the following terms: - The existing lease will be extended for five years, through December 31, 2021. - Initial rent will be $19,156.64 per month with 3% annual escalations beginning January 1, 2018. The rental rate is consistent with the market rate in the area. - The landlord will perform building improvements valued at $38,552.18 that include repainting the interior walls and replacing the carpet. - The agreement contains a termination option after the fourth year of the term. If the option is executed, a termination fee of $12,281.57 will be due, based on the unamortized landlord improvement expense with 8% interest, plus the unamortized leasing commission with 8% interest. Background § 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 University City Division received Community Investment Plan funding in July 2016 to acquire land to construct a future division station. The CMPD University City Division is anticipated to receive Fiscal Year 2019 Community Investment Plan funding to design and construct the station, which allows for the station to be completed prior to the expiration of this renewal term. § The City anticipates the future University City Division Station to be completed by the end of the lease term. Fiscal Note Funding: Police Operating Budget Attachment Map Location Map - Charlotte-Mecklenburg Police Department University City Division Lease Extension City of Charlotte Page 23 Printed on 9/9/2016 City Council Business Meeting Meeting Agenda September 12, 2016 33. Two Billboard Leases with Adams Outdoor Advertising Action: A. Approve Adams Outdoor Advertising lease for a five-year term, with two five year options to extend for an existing billboard located along Old Statesville Road (parcel identification number 043-088-14) for $12,000 per year or 20% of gross revenue, whichever is greater, B. Approve Adams Outdoor Advertising lease for a five-year term with two five year options to extend for an existing billboard located along South Boulevard (parcel identification number 205-211-11) for $3,900 per year or 20% of gross income, whichever is greater, and C. Adopt a resolution authorizing the City Manager to execute all necessary documents to complete the Agreements between the City of Charlotte and Adams Outdoor Advertising. Staff Resource(s): Tony Korolos, Engineering & Property Management Tim O’Brien, Engineering & Property Management Explanation § With the purchase of two parcels, the City assumed ownership of two advertising signs. The outdoor advertising leases transferred to the City when the parcels were purchased. After the original leases expired, staff leased the signs on an annual basis. - Parcel A: The land was purchased for the Old Statesville Road Widening Project in 2002. It is located at the southeast corner of Old Statesville Road and West W. T. Harris Boulevard. - Parcel B: The land was purchased for the South Corridor Light Rail Project in 2005. It is located along South Boulevard, approximately 850 feet south of Sharon Road West. § Staff recommends longer term leases that will assure a programmed income stream for the City. § The value of the billboards is based upon traffic counts which equates to advertising rates. § Research of the advertising industry found that the customary rental rate for sign sites is 20% of gross sales. However, sign companies deviate from this pricing guideline if there is difficulty in penetrating the market in that area. In the case of the two signs that the City inherited, staff continued with the same rate structure, with periodic rate increases. Consequently, Adams Outdoor Advertising (Adams) has only been able to make a modest profit from these signs. § Staff reviewed the financial history of both signs and confirmed the gross revenues received from the signs match the revenues received from advertisers. § The City will receive a minimum fixed rate for each sign. Should gross annual sales increase beyond the minimum rate, Adams will reimburse the City the difference within sixty days from the end of each lease term. - Parcel A: The double-faced static billboard (not zoned for digital signs) has a five-year average of $18,610 per year in gross revenue. The City will receive $12,000 as a minimum lease rate or 20% of the actual gross sales if revenues exceed the minimum rate. - Parcel B: This double-faced static billboard (not zoned for digital signs) has a lower traffic count, having a minimum base rent of $3,900 per year or 20% of the actual gross sales if revenues exceed the minimum rate. § Staff will perform an annual audit of Adams’ financial records to confirm the City receives the highest rate possible for both leases. § Adams will submit financial records each year verifying gross income to confirm the City receives the highest rate possible for both leases. The City is also permitted to audit the leases at any time and for any reason. § Only Parcel A has trees that block a sign face along West W. T. Harris Boulevard that are located on North Carolina Department of Transportation (NCDOT) right-of-way. Adams plans to remove the overgrown trees in the NCDOT’s road right-of-way and replace it with lower growing City of Charlotte Page 24 Printed on 9/9/2016 City Council Business Meeting Meeting Agenda September 12, 2016 ornamental trees that should not interfere with visibility of the sign face. No trees will be removed on the City-owned property. § With regard to future land use for the two parcels: - Parcel A is planned to be used as a park & ride lot for the Red-line corridor, therefore additional tree plantings are not recommended however CATS would be able to develop their parking lot around the existing billboard. - Parcel B was considered for the tree-save program but since the developable portion of the parcel is approximately 30-feet-wide and has poor soil conditions, tree planting opportunities are significantly limited. Furthermore, CATS discourages trees from being too close to the tracks since leaves and needles can create operations and maintenance problems. Fiscal Note Funding: Revenue from the Old Statesville Road billboard will be deposited into the CATS Community Investment Plan and revenue from the South Boulevard billboard will be deposited into the General Pay-As-You-Go Fund Attachment Maps Resolutions Map for Two Outdoor Advertising Billboards 5599 WT Harris Blvd Resolution 8812 South Blvd Resolution City of Charlotte Page 25 Printed on 9/9/2016 City Council Business Meeting Meeting Agenda September 12, 2016 34. AT&T Payment for the Freedom Drive Widening Project Action: A. Approve a payment from the City in the amount of $341,613 to AT&T for the City’s share of utility relocation costs, and B. Adopt a budget ordinance appropriating $341,613 from AT&T to the City of Charlotte as payment for the City’s project redesign costs. Staff Resource(s): David Meachum, Engineering & Property Management Theresa Watley, Engineering & Property Management Explanation § On June 13, 2011, the City Council approved a utility relocation agreement for the Freedom Drive Widening Project as follows: - AT&T was to be responsible for $235,000 of the City’s cost to redesign the project to decrease the need for necessary relocations. - The City was to be responsible for $447,500 of AT&T’s costs for necessary relocations. - This resulted in an anticipated payment from the City to AT&T of $212,500. § On July 22, 2011, the City paid AT&T $35,091.04 toward the original agreement. § In April 2016, AT&T provided documentation to show that the cost of its relocations for this project had increased; all parties met to reach agreement regarding the total costs. § As a result of the negotiation, AT&T and the City agreed that neither party would pay the other party any additional money. Fiscal Note Funding: General Community Investment Plan Attachment Location Map Budget Ordinance Location Map - Approval of Settlement Regarding Disputed Charges to Relocate AT&T Facilities - Freedom Dr. Widening EPM ord 091216 AT&T Freedom Drive Widening City of Charlotte Page 26 Printed on 9/9/2016 City Council Business Meeting Meeting Agenda September 12, 2016 35. Uptown Building Scale Models Donation Action: Adopt a resolution authorizing the donation of 13 uptown building scale models to Charlotte Center City Partners for construction of a parade float. Staff Resource(s): Gina Shell, Engineering & Property Management Explanation § North Carolina General Statute 160A-280 authorizes the donation of personal property from a City to a non-profit organization upon adoption of a resolution by the City Council. § In 2005, scale models of 13 Uptown buildings were fabricated to embellish the scoreboard in Time Warner Cable Arena. There are two scale models of each building for a total of 26. The buildings represented are: - Westin Hotel, - Hilton Hotel, - Cameron Brown, - Odell Plaza, - Charlotte Plaza, - Carillon, - Three Wells Fargo, - Fifth Third Bank, - City Club, - Bank of America, - Hearst Tower, - One Wells Fargo, and - Bank of America Tower. § On January 1, 2016, the City Council approved a contract for purchase and installation of a new scoreboard as part of the Time Warner Cable Arena Capital Plan. The new scoreboard design does not include the scale models. § The scale models are 5 to 20 feet tall and weigh 75 to 150 pounds. The estimated value of the models is less than $10,000. § Center City Partners will use the 13 models to design and construct a parade float that can be used in any city parade. The float will also feature a crown and be available for City use. § The City will retain ownership of the remaining set of 13 scale models and can make them available for long-term loan to cultural and other facilities in Charlotte. The first loan recipient will be the Charlotte Museum of History which plans to exhibit the models as a complement to its current exhibition, Charlotte Neighborhoods, which tells the story of the growth and development of Charlotte. The scale models will show the growth of the central business district and industries, providing a modern contrast to the colonial Charlotte diorama, which depicts what the city may have looked like in 1775. Attachment Resolution Resolution for Donation of Surplus Property to CCCP City of Charlotte Page 27 Printed on 9/9/2016 City Council Business Meeting Meeting Agenda September 12, 2016 36. Charlotte-Mecklenburg Government Center Parking Deck Pay Station Equipment Action: A. Approve the purchase of two new Amano Pay Stations as authorized by the sole source exemption of G.S. 143-129 (e) (6), and B. Approve a contract in the amount of $171,266 with Carolina Time for the one-time purchase of Amano pay stations. Staff Resource(s): William Haas, Engineering & Property Management Dianne Frederick, Engineering & Property Management Sole Source Exemption § G.S. 143-129 (e) (6) provides that formal bidding requirements do not apply when: - Performance or price competition are not available; - A needed product is available from only one source or supply; or - Standardization or compatibility is the overriding consideration. § Sole sourcing is necessary because Carolina Time holds the proprietary distributor agreement with Amano in this region and is the only vendor capable of replacing the Amano Pay Stations, currently in use at the Charlotte-Mecklenburg Government Center (CMGC) parking deck. § In addition, compatibility with the parking deck’s ticket validation system for guests and access badging for City and Mecklenburg County employees are also key factors to continue using Amano equipment. § The City Council must approve purchases made under the sole source exception. Explanation § A pay station is a stand-alone piece of equipment located at the parking deck exit. The pay stations calculate the parking fee, accept payment from customers, return change, and open the exit gates without the need for a cashier present. § The existing pay stations were manufactured by Amano and installed in 2006 to automate cash and credit card parking collections in the CMGC parking deck. The stations operate 24/7 and have been in service for more than 10 years. The equipment is past its useful life and it is difficult to locate parts for repair. § New Amano equipment is necessary because it is compatible with the existing electronic parking infrastructure and employee badge access software. § By using Amano equipment, the City avoids the cost and disruption of replacing parking deck gates and employee badges. In addition, the removal and replacement of the Amano equipment will only have minor impacts to customers parking in the deck. § The Amano pay stations have been very reliable and are well suited to handle the high-volume of traffic at the public parking deck. § The CMGC parking deck generates approximately $800,000 in revenue each year. § In the past, the City has not shared revenue with Mecklenburg County. Therefore, the City has not asked Mecklenburg County to share in any parking deck expenses. Charlotte Business INClusion This is a sole source contract and is exempt (Part A: Appendix 27 of the Charlotte Business INClusion Policy). Fiscal Note Funding: General Community Investment Plan City of Charlotte Page 28 Printed on 9/9/2016 City Council Business Meeting Meeting Agenda September 12, 2016 37. Federal Fiscal Year 2016 Lead Hazard Control Grant Action: A. Authorize the City Manager to accept a Lead Hazard Control grant in the amount of $2,739,522 from the U.S. Department of Housing and Urban Development’s Office of Lead Hazard Control and Healthy Homes, and B. Adopt a budget ordinance appropriating $2,739,522 in grant funds for program activities. Staff Resource(s): Pamela Wideman, Neighborhood & Business Services Warren Wooten, Neighborhood & Business Services Explanation § Lead, a toxic heavy metal, was a major component in paint prior to 1978. It is still present in many older residential properties and poses a danger, especially for children age six or younger who reside in these homes. § Neighborhood & Business Services will use the lead hazard control grant in the amount of $2,739,522 from the U.S. Department of Housing and Urban Development’s Office of Lead Hazard Control and Healthy Homes for a lead abatement program. § Since 1995, the grant has been the primary funding source for the department’s LeadSafe Charlotte program. During that period, the program has identified and removed lead hazards in 2,080 residential properties. § The City’s previous grant expired in 2016. This new funding will allow the LeadSafe Charlotte program to test over 200 housing units for lead and remove lead hazards from up to 135 housing units over the next three years. § The LeadSafe Program is implemented in conjunction with other City housing rehabilitation programs. Fiscal Note Funding: U.S. Department of Housing and Urban Development Grant Attachment Budget Ordinance Budget Ordinance City of Charlotte Page 29 Printed on 9/9/2016 City Council Business Meeting Meeting Agenda September 12, 2016 38. Building Controls Programming and Repair Services Action: Approve a contract in an amount not to exceed $1,000,000 with Schneider Electric Buildings America for building controls programming and repair services for 15 City-owned facilities. Staff Resource(s): William Haas, Engineering & Property Management Explanation § Engineering & Property Management is responsible for maintaining 300 City-owned facilities including offices, fire stations, police division offices, equipment shops, and cultural facilities. - Of the 300 maintained facilities, 99 have building automation systems. - 15 of the 99 facilities have a building automation system manufactured by Schneider Electric Buildings America (Schneider). § The contract will provide programming and repair services for the 15 facilities, including: - Preventative maintenance on the software and hardware devices, - Adding control devices as needed, and - Fast response to equipment failures, including Police and Fire 911 call centers and both Mint Museum locations. § The building automation systems manufactured by Schneider were installed through the public bid process when the facility was either renovated or in new construction. § No other service providers are authorized to work on Schneider Electric’s building controls. § Estimated contract expenditures are $200,000 annually. Background § Building automation systems are a computerized network of devices that monitor and control various energy-related elements within the building to optimize efficiency, which can generate savings in an owner’s energy bills. § The automation systems control the HVAC and lighting based on occupancy schedules, reducing the amount of energy needed to maintain buildings. § Specifically, the City uses these systems for the following benefits: - Effective monitoring of energy consumption, - Reduced energy costs, - Improved equipment reliability and useful life, - Allows staff to make adjustments remotely without the need to travel to each facility, - Early detection of problems and sending alerts to maintenance staff, and - Trending data of all temperatures including status of HVAC system. 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: General Community Investment Plan City of Charlotte Page 30 Printed on 9/9/2016 City Council Business Meeting Meeting Agenda September 12, 2016 39. Specialized Roadway Construction Services Action: A. Award a unit price contract in an amount not-to-exceed $2,563,000 to the lowest responsive bidder J. T. Russell and Sons, Incorporated for Specialized Roadway Construction Services (Fiscal Year 2017 - B), and B. Authorize the City Manager to approve up to two renewals and to amend the contract consistent with the City’s business needs and the purpose for which the contracts were approved. Staff Resource(s): Bryan Tarlton, Engineering & Property Management Explanation § The purpose of this contract is to provide specialized roadway construction services on an as-needed basis for roadway needs that may require additional resources from a contractor. § The work could include: - Traffic Control, - Erosion control, - Clearing and grading, - Asphalt paving, - Pavement markings, - Concrete curb, - Sidewalk, - Driveways, - Wheelchair ramps, and - Utility adjustments. § The contract amount is based on the unit prices competitively bid for items typically used during construction for the services listed above. § On July 28, 2016, the City issued an Invitation to Bid for Unspecified Horizontal Construction (Fiscal Year 2017 - B); five bids were received from interested service providers. § J.T. Russell and Sons, Incorporated was selected as the lowest responsive, responsible bidder. § The contract will be funded through various project budgets. § The City Council will be asked to approve additional specialized roadway construction services contracts at future City Council Business Meetings. Charlotte Business INClusion Established SBE Goal: 18.00% Committed SBE Goal: 31.00% J.T. Russell and Sons, Incorporated exceeded the established SBE subcontracting goal, and has committed 31% ($794,530) of the total contract amount to the following certified firms (Part B: Section 3 of the Charlotte Business INClusion Policy): · B & N Grading, Inc. (SBE) ($640,750) (concrete) · Jones Grading & Fencing, Inc. (SBE/MBE) ($153,780) (hauling and fencing) Established MBE Goal: 6.00% Committed MBE Goal: 6.00% J.T. Russell and Sons, Incorporated met the established MBE subcontracting goal, and has committed 6% ($153,780) of the total contract amount to the following certified firms (Part B: Section 3 of the Charlotte Business INClusion Policy): · Jones Grading & Fencing, Inc. (SBE, MBE) ($153,780) (hauling and fencing) City of Charlotte Page 31 Printed on 9/9/2016 City Council Business Meeting Meeting Agenda September 12, 2016 Fiscal Note Funding: Transportation Community Investment Plan 40. Airport Vehicle Collision Repair Services Action: A. Approve contracts with the following companies for vehicle collision repair services for an initial term of three years: - Sullivan Paint and Body Shop Inc., - Gerber Collision Northeast Inc., - Mecklenburg Fleet Holdings Inc., and B. Authorize the City Manager to renew the contracts for up to two additional, one-year terms with possible price adjustments and to amend the contracts consistent with the City’s business needs and the purpose for which the contracts were approved. Staff Resource(s): Jack Christine, Aviation Explanation § Aviation owns and operates more than 450 vehicles and pieces of equipment. § Aviation staff is responsible for the preventative maintenance, equipment installation, and light duty repairs for these vehicles and equipment. Aviation uses contracted service providers to provide comprehensive vehicle collision repairs and related specialty services. - A requirement is all service providers’ repair facilities must be located no further than three miles from the Airport Vehicle Maintenance shop. § On June 28, 2016, Aviation issued a Request for Proposal (RFP) for Vehicle Collision Repair Services. In response to the RFP, the City received three proposals from interested service providers. § Aviation staff evaluated the proposals and determined that all three service providers meet the City’s needs in terms of qualifications, experience, cost, and responsiveness to RFP requirements. Given the volume and areas of specialty, Aviation has chosen to enter into contracts with all three companies. § Estimated contract expenditures for all contracts are $80,000 annually over the three-year term. Charlotte Business INClusion No subcontracting goal was established because there are no subcontracting opportunities (Part C: Section 2.1(a) of the Charlotte Business INClusion Policy). However, both Sullivan Paint and Body Shop, Inc. and Mecklenburg Fleet Holdings, Inc. are City SBE firms. Fiscal Note Funding: Aviation Operating Budget City of Charlotte Page 32 Printed on 9/9/2016 City Council Business Meeting Meeting Agenda September 12, 2016 41. Airport Baggage Jam Clearing Staff Action: A. Approve a unit price contract with Integrated Deicing Services, LLC, for additional staff to clear baggage jams for an initial term of 13 months, and B. Authorize the City Manager to renew the contracts for one additional, one-year term with the possible price adjustments and to amend the contracts consistent with the City’s business needs and the purpose for which the contract was approved. Staff Resource(s): Jack Christine, Aviation Explanation § Aviation’s Checked Baggage In-Line system (CBIS) sorts and screens over four million pieces of checked luggage annually. When a blockage occurs along the conveyor route and a baggage jam runner is deployed to clear the obstruction. § On September 13, 2010, the City Council approved a contract with Integrated Deicing Services, LLC (IDS) for operation of consolidated aircraft deicing facility. Also under this contract, IDS has been responsible for clearing baggage jams as the CBIS system has come online. § Aviation submitted a waiver of solicitation for this contract due to the safety, cost, and operational concerns of bringing in a new contractor at this time. § The term of this contract now coincides with the overall CBIS operation and maintenance contract and will expire in October of 2018. This service will be included in a comprehensive CBIS bid package at that time. § IDS will be paid on an hourly rate basis. Based on the projected hours, the estimated annual contract expenditure is $270,000. Charlotte Business INClusion No subcontracting goal was established because there are no subcontracting opportunities (Part C: Section 2.1(a) of the Charlotte Business INClusion Policy). Fiscal Note Funding: Aviation Operating Budget City of Charlotte Page 33 Printed on 9/9/2016 City Council Business Meeting Meeting Agenda September 12, 2016 42. Airport Environmental Services Action: A. Approve a professional services contract in the amount of $131,674 with RS&H to prepare an Environmental Assessment for the North Carolina Air National Guard Entrance Redevelopment and the acquisition of two parcels of land near Billy Graham Parkway and Morris Field Drive, and B. Adopt a budget ordinance appropriating $131,674 from Aviation Discretionary Fund to the Aviation Community Investment Plan Fund. Staff Resource(s): Jack Christine, Aviation Explanation § Under federal law, the National Environmental Policy Act (NEPA) requires that the Airport prepare environmental studies for development projects that are identified in the Airport Master Plan within the next three years. § On August 29, 2014, the Airport advertised a Request for Qualifications and received seven proposals from interested service providers. Three of the seven firms were shortlisted for on-call services: Landrum & Brown, Kimley-Horn, and RS&H. § The Airport has selected RS&H to prepare environmental studies as required by the Federal Aviation Administration (FAA), under NEPA, for projects on the current Aviation Community Investment Plan Program and Master Plan Update based on its experience with airport environmental documentation. § Under this contract, RS&H will complete an Environmental Assessment for the acquisition of two parcels north of Morris Field Dr. and west of Billy Graham Parkway. RS&H will also analyze proposed redevelopment of the North Carolina Air National Guard (NCANG) entrance to meet security regulations. § Since the NCANG facility is located on Airport property, the Aviation Department is responsible for completing this assessment. 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). RS&H has committed 5.30% ($6,979.40) of the total contract amount to the following certified firm: · Carolina Wetlands Services, Inc (SBE, WBE) ($6,979.40) (wetlands delineation, biological resources) Fiscal Note Funding: Aviation Community Investment Plan Aviation anticipates the ultimate funding sources will be a combination of Passenger Facility Charges funds and General Airport Revenue Bonds. Attachment Budget Ordinance Airport ORD091216 - Airport Environmental Services City of Charlotte Page 34 Printed on 9/9/2016 City Council Business Meeting Meeting Agenda September 12, 2016 43. Airport Flight Operations Monitoring Services Action: A. Approve a contract in the amount of $90,000 with Saab Sensis Corporation for Aerobahn flight operations monitoring services for an initial term of three years, and B. Authorize the City Manager to renew the contract for one additional, nine-month term consistent with the City’s business needs and the purpose for which the contract was approved. Staff Resource(s): Jack Christine, Aviation Explanation § The Aviation Department has ongoing needs for flight operations monitoring services for the purpose of monitoring the movement of aircraft on the surface and surrounding airspace at the Airport up to 100 nautical miles. § Saab Sensis Corporation (Saab) will provide a company hosted, web-based support tool that delivers accurate predictions of future demand and how that demand will affect Airport needs and resources, especially during winter operations. § Saab has provided these services to the Airport over the past two years through two standalone purchase orders totaling $60,000. § Both the Airport and airline ramp tower currently use these services, which has allowed seamless integration between the two operations, including a significantly increased ability to monitor deicing operations. § Aerobahn flight operations monitoring services required several letters of agreement between the Federal Aviation Administration (FAA) and the Airport in order to allow access to the data for live aircraft tracking. § A waiver of competitive solicitation was granted for the current contract because American Airlines is currently using the system and operational efficiencies are gained with both organizations operating on the same system. The cost and time in setting up the advanced custom reporting and aircraft tracking features would be prohibitive. § Aviation staff has determined that Saab Sensis Corporation best meets the City’s needs in providing a unique FAA approved service that delivers seamless integration between Airport Operations and the airline ramp tower. § The services also provide for software rules to be written that allow operations staff to monitor flights on the ground that may reach a long on-board delay, as required by the FAA and the U.S. Department of Transportation. § Saab will be paid $30,000 annually for the services. § Expenditures for the contract are $90,000 over the three-year term. Charlotte Business INClusion No subcontracting goal was established because there are no subcontracting opportunities (Part C: Section 2.1 (a) of the Charlotte Business INClusion Policy) Fiscal Note Funding: Aviation Operating Budget City of Charlotte Page 35 Printed on 9/9/2016 City Council Business Meeting Meeting Agenda September 12, 2016 44. Airport Passenger Boarding Bridges and Equipment Action: A. Approve the purchase of passenger loading bridges, ground power units, and pre-conditioned air units as authorized by the sole source exemption of G.S. 143- 129 (e)(6), B. Approve the purchase of passenger loading bridges, ground power units, and pre-conditioned air units from the following: - American Airlines Inc. in the amount of $4,841,955 - Delta Air Lines, Inc., in the amount of $74,045, and C. Adopt a budget ordinance appropriating $4,916,000 from Aviation Discretionary Fund to the Aviation Community Investment Plan Fund. Staff Resource(s): Brent Cagle, Aviation Sole Source Exemption § G.S. 143-129 (e) (6) provides that formal bidding requirements do not apply when: - Performance or price competition are not available; - A needed product is available from only one source or supply; or - Standardization or compatibility is the overriding consideration. § Sole sourcing is necessary for this contract due to standardization and compatibility. § The City Council must approve purchases made under the sole source exception. Explanation § On March 14, 2016, the City Council approved the new Airline Use and Lease agreement (AUA) that became effective on July 1, 2016. § The new AUA eliminates all exclusively leased gates and ticket counters for Signatory Airlines, allowing the Airport to designate each as either preferential or common use. § As a result of this change, the Airport will be responsible for the ownership, maintenance, and repairs of certain equipment at each gate, which includes all passenger boarding bridges (PBB), ground power units (GPU), and pre-conditioned air units (PC Air), which were previously owned by the Airlines. § In 2014, DK Consultants conducted an appraisal, on behalf of the Airport, for each existing Airline owned PBB, GPU and PC Air Unit. § In April of 2016, DK Consultants updated this appraisal to account for the current year and the increased age of the equipment. § The total appraised value for the airline owned gate equipment that Aviation is acquiring is $4,916,000. Charlotte Business INClusion No subcontracting goal was established because there are no subcontracting opportunities (Part B: Section 2.3 of the Charlotte Business INClusion Policy). Fiscal Note Funding: Aviation Community Investment Plan Attachment Budget Ordinance Airport ORD091216 - Airport Passenger Boarding Bridges and Equipment City of Charlotte Page 36 Printed on 9/9/2016 City Council Business Meeting Meeting Agenda September 12, 2016 45. Airport Snow and Ice Removal Services Action: A. Approve unit price contracts for the removal of snow and ice on terminal ramp for an initial term of three years with the following companies: - Blythe Construction, Inc., - The Lane Construction Corporation, and B. Authorize the City Manager to renew the contracts for up to two additional, one-year renewal terms with possible price adjustments and to amend the contracts consistent with the City’s business needs and the purpose for which the contract was approved. Staff Resource(s): Jack Christine, Aviation Explanation § Aviation Department staff is responsible for snow and ice removal of the runways and taxiways during inclement weather events. However, third-party vendors are used for snow removal services for the terminal ramp area. § The vendors will provide appropriate equipment and staff needed to supplement Aviation’s snow removal efforts. § On July 25, 2016, the City issued an Invitation to Bid (ITB) for Airport Snow and Ice Removal Services. In response to the ITB, the City received two bids from interested service providers. § Aviation staff determined both Blyth Construction, Inc. and The Lane Construction Corporation met the standards set forth in the bid. Due to the amount of staff and equipment required during significant precipitation event, Aviation is electing to award contracts to both companies. § The unit prices for both companies are available upon request. § Depending on the duration and severity of winter weather events, the total aggregate expenditures with both vendors is estimated to be $150,000 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: Aviation Operating Budget City of Charlotte Page 37 Printed on 9/9/2016 City Council Business Meeting Meeting Agenda September 12, 2016 46. Airport Terminal Boiler Burner Replacements Action: Approve a contract in the amount of $108,325.90 to the lowest responsive bidder WC Rouse Holdings, Inc. for the purchase of burners for the boilers at the terminal. Staff Resource(s): Jack Christine, Aviation Explanation § Boilers are used to provide heat to over 1.8 million square feet of airport terminal space. § The burners in the existing boilers are over 20 years old, and have reached the end of their useful life. In order to improve the efficiency of the heating system, the boiler burners need to be replaced. § On July 21, 2016, the City issued an Invitation to Bid for boiler burner replacements; three bids were received from interested service providers. § WC Rouse Holdings, Inc. was selected as the lowest responsive, responsible bidder. § These items are on City Council approved Fiscal Year 2017 Capital Equipment Replacement List. Charlotte Business INClusion No subcontracting goal was established because there are no subcontracting opportunities (Part B: Section 2.3 of the Charlotte Business INClusion Policy). Fiscal Note Funding: Aviation Community Investment Plan City of Charlotte Page 38 Printed on 9/9/2016 City Council Business Meeting Meeting Agenda September 12, 2016 47. Airport Checked Baggage In-Line System Contract Amendment #3 Action: Approve contract amendment #3 in the amount not-to-exceed $450,174.62 to Siemens Postal, Parcel & Airport Logistics, LLC to provide technology support for the checked baggage in-line system. Staff Resource(s): Jack Christine, Aviation Explanation § The Checked Baggage In-Line system (CBIS) sorts and screens over four million pieces of checked baggage annually. § On-going technology support is required for the operation of the system. This support was supplied previously as part of the installation process, which is now coming to a close. § Siemens Postal, Parcel & Airport Logistics, LLC (Siemens) currently provides the operation and maintenance of the hardware system, and is best positioned to provide the technology support and maintenance component. § Contract amendment #3 in an amount not-to-exceed $450,174.62 will provide for this high-level technology support. This includes an additional $50,000 in contingency to be used as necessary throughout extension years one and two. § The new value of the Siemens contract including contract amendments is estimated at $4,546,415. § The cost of this contract amendment will be recovered through the baggage fee charged to the airlines. Background § On June 23, 2014, the City Council approved a contract with Siemens for operation and maintenance series of the Checked Baggage In-Line System. This contract expires October 2016, and has two one-year options for extension. § On March 14, 2016, the City Council approved contract amendment #1 in the estimated amount of $255,034.40 that provided additional staff and equipment to manually identify, log, and transfer baggage to ensure the baggage arrives to the correct area for sorting and loading onto aircraft. § On July 25, 2016, City Council approved contract amendment #2 for supplemental time and material actions to complete final installation of the CBIS system. In order to meet Transportation Security Administration deadlines, Siemens is supplementing the efforts of Pteris Global, Inc. to complete the project. Charlotte Business INClusion No subcontracting goal was established because there are no subcontracting opportunities (Part C: Section 2.1(a) of the Charlotte Business INClusion Policy). Fiscal Note Funding: Aviation Operating Budget City of Charlotte Page 39 Printed on 9/9/2016 City Council Business Meeting Meeting Agenda September 12, 2016 48. Blue Line Extension - CSX Transportation Inc. Reimbursement Agreement Amendment Action: Approve contract amendment #1 for $176,801 to the Reimbursement Agreement with CSX Transportation Inc. for services related to the Blue Line Extension project. Staff Resource(s): John Muth, CATS Jill Brim, CATS Explanation § On March 26, 2012, the City Council authorized staff to negotiate an agreement with CSX Transportation Inc. for design review and flagging services to accommodate the Blue Line Extension (BLE) project in an amount up to $405,000. The reimbursement agreement was executed on March 27, 2012 for the negotiated amount of $402,000. § The BLE crosses over the CSX right-of-way on a bridge when entering the North Carolina Railroad Rail corridor. This crossing requires CSX’s review and approval of the BLE design as well as flagging, engineering, and inspection services during construction. § Considerable work has been performed; however, the work has required more time and more flagging services than originally anticipated. Remaining work includes: - Railroad flagging for installation of utilities, - Additional construction engineering and inspection services, and - Project closeout. § The City will reimburse CSX for its costs and expenses in providing the above services for the BLE project. § The new value of the contract, including this amendment, will be $578,801. Fiscal Note Funding: CATS Community Investment Plan City of Charlotte Page 40 Printed on 9/9/2016 City Council Business Meeting Meeting Agenda September 12, 2016 49. Municipal Agreement for Relocation and Adjustment of Water and Sanitary Sewer Infrastructure Action: A. Adopt a resolution authorizing the City Manager to execute a Municipal Agreement with the North Carolina Department of Transportation Rail Division for design and construction of water and sewer line relocations and adjustments (project P- 2918F), and B. Authorize the City Manager to approve the final pay request for the actual cost of the utility construction. Staff Resource(s): Carl Wilson, Charlotte Water Explanation § The North Carolina Department of Transportation (NCDOT) requires that the City enter into a municipal agreement for the relocation of City owned water and sanitary sewer lines within NCDOT road way projects prior to construction. The total cost of the water and sewer construction within the project is $2,156,000. Charlotte Water’s estimated share is $1,132,000 (53%) for this work and is based on an engineer’s estimate of similar recent NCDOT projects. § NCDOT encroachments require the City to be financially responsible for the costs to relocate City owned water and sewer lines in the State rights-of-way. § The agreement is for relocation of water and sewer lines ranging in size from 2-inch to 54-inch within NCDOT’s railroad improvements project (TIP No. P-2918F), which is generally located east of Interstate-77, south of Carson Boulevard, and north of South Mint Street. § The project will relocate 358 feet of a 54-inch diameter water line and a combined 2,686 feet of water and sewer pipe sizes 6-inch to 16-inch diameter. § Should the actual cost be different from the estimated amount of this agreement, the City Manager will sign a Supplementary Agreement for the amount of the cost differential. Final invoice differences can be attributed to: - Actual unit price bids being different than estimated, - Changes in material costs between when the estimate was prepared and the completion of the project, and - Required design modifications resulting from NCDOT project changes. § The format and cost sharing philosophy is consistent with prior Municipal Agreements. Fiscal Note Funding: Charlotte Water Community Investment Plan Attachment Map Resolution NCDOT Rail Maintenance Facility P-2918F Map P2918F Resolution_Municipal Agreement for Relocation and Adjustment of Utility Lines _Resolution City of Charlotte Page 41 Printed on 9/9/2016 City Council Business Meeting Meeting Agenda September 12, 2016 50. McAlpine Creek Wastewater Treatment Plant Pumps Action: A. Approve the purchase of submersible pumps and pump motor drives, as authorized by the sole source exemption of G.S. 143-129 (e)(6), and B. Approve a unit price contract with Xylem Water Solutions USA, Inc. for the purchase of submersible pumps for a term of one year. Staff Resource(s): Carl Wilson, Charlotte Water Sole Source Exemption § G.S. 143-129 (e) (6) provides that formal bidding requirements do not apply when: - Standardization or compatibility is the overriding consideration. § Sole sourcing is necessary for this contract for equipment performance requirements as well as standardization and compatibility with existing equipment. § The City Council must approve purchases made under the sole source exception. Explanation § Charlotte Water owns and maintains five major wastewater treatment plants in Mecklenburg County. The McAlpine Creek Wastewater Treatment Plant (WWTP) is the largest and is located in the southern part of Mecklenburg County. § The main pumping station that conveys wastewater into the WWTP houses 12 submersible pumps. They are critical to plant operations to maintain its regulatory compliance. § The existing pumps were installed in 2007 and are in need of replacement due to frequency of mechanical and electrical repairs. Their efficiency has been significantly reduced, resulting in higher power consumption. In addition, their reliability is not suitable for such a critical part of the WWTP. § After evaluating multiple, major pumps manufacturers, Charlotte Water determined only Flygt, a subsidiary of Xylem Water Solutions USA, Inc., can provide a pump capable of operating in an optimal and efficient range while handling the varying volume of wastewater entering the plant over the course of a typical day. § Operating in an optimal and efficient range allows the pump to last longer and save energy over time. § Each of the pumps weighs approximately 10,000 pounds, or the weight of a full size, heavy-duty pick-up truck. The average volume of wastewater pumped by each pump is 17 million gallons a day, a pumping rate that would fill an Olympic size swimming pool in one hour. § Operating in a more efficient range allows for a reduction in motor size from 450 Hp to 400 Hp. On average, the Flygt pumps will conservatively operate 5% more efficiently than the existing pumps, resulting in an average power savings of approximately $100,000 per year. § From a life cycle perspective, the Flygt pumps will provide more than $1.6 million in savings in operations and maintenance cost over the life of the pumps. § An additional benefit is that the pump manufacturer has a service center located in Charlotte. § Two of the 12 Flygt replacement pumps were procured in 2014. This Request for Council Action is for the purchase of the remaining 10 pumps. § The total cost of the pumps is estimated at $1,471,186.59. Charlotte Business INClusion This is a sole source contract and is exempt (Part A: Appendix 27 of the Charlotte Business INClusion Policy). City of Charlotte Page 42 Printed on 9/9/2016 City Council Business Meeting Meeting Agenda September 12, 2016 Fiscal Note Funding: Charlotte Water Community Investment Plan Attachment Map McAlpine Creek WWTP Map City of Charlotte Page 43 Printed on 9/9/2016 City Council Business Meeting Meeting Agenda September 12, 2016 51. Beatties Ford Road - Trade Street - Hawthorne Lane Corridor Sewer Rehabilitation Action: Award a contract in the amount of $6,688,131 to the lowest responsive bidder Atlantic Coast Contractors, Inc. for the Beatties Ford Road - Trade Street - Hawthorne Lane Corridor Sewer Rehabilitation project. Staff Resource(s): Carl Wilson, Charlotte Water Explanation § Charlotte Water operates and maintains approximately 4,200 miles of sanitary sewer lines throughout the service area. Many of these pipes are more than 50 years old and often need repairs or rehabilitation. § On November 9, 2015, the City Council approved a professional services contract for the final design, bid phase, and construction administration of the sewer rehabilitation project. § The project will rehabilitate existing sewer pipeline and manholes along Beatties Ford Road, Trade Street and Hawthorne Lane. This includes pipeline and manholes which are located within the corridor of the upcoming CityLYNX Gold Line Phase 2 - Streetcar project. § The need for this project is due to age and poor condition of the existing sewer system, as portions of the sewer along this corridor were installed in the 1930’s. This rehabilitation work would have been likely to occur within the next five years, but was accelerated, as it will be more cost effective and efficient to complete prior to the track installation and will not interrupt construction of the Streetcar project or future streetcar operation. § The project includes approximately: - 10,000 linear feet of 8-inch, 10-inch and 12-inch pipe replacement, and - 9,400 linear feet of 8-inch, 10-inch, 12-inch and 36-inch lining, point repairs, manhole replacements and manhole lining. § On June 16, 2016 the City issued an Invitation to Bid for the construction project; one bid was received from an interested service provider. - In accordance to North Carolina General Statute 143-132, if three bids are not received from reputable and qualified contractors, the project must be re-advertised. During the re-advertisement, the contract may be awarded to the lowest responsible bidder even if only one bid is received from an interested service provider. - On July 14, 2016, the project was re-advertised; three bids were received from interested service providers. § Atlantic Coast Contractors, Inc. was selected as the lowest responsive, responsible bidder. § The project is anticipated to be complete by the end of 2017. Charlotte Business INClusion Established SBE Goal: 7.00% Committed SBE Goal: 8.22% Atlantic Coast Contractors, Inc. met the established subcontracting goal and has committed 8.22% ($550,000) of the total contract amount to the following certified firms (Part B: Section 3 of the Charlotte Business INClusion Policy): · Central Carolina Underground, Inc. (SBE) ($200,000) (manhole rehabilitation) · Venture Utility Construction, Inc. (SBE) ($150,000) (utility construction) · P & H Utilities (SBE) ($100,000) (public utilities) · JAAMCO Drain Cleaning & Video Inspection, Inc. (SBE) ($50,000) (video and cleaning) · B & N Grading (SBE) ($20,000) (paving and concrete) · The Huffstetler Group, Inc. (SBE) ($20,000) (concrete) · Boyle Consulting Engineers, PLLC (SBE) ($10,000) (testing) City of Charlotte Page 44 Printed on 9/9/2016 City Council Business Meeting Meeting Agenda September 12, 2016 Fiscal Note Funding: Charlotte Water Community Investment Plan Attachment Map 20160822_SewerRehabBFTSHLMap City of Charlotte Page 45 Printed on 9/9/2016 City Council Business Meeting Meeting Agenda September 12, 2016 52. Taggart Creek Outfall Sewer Replacement Project Action: A. Award a contract in the amount of $18,855,843.12 to the lowest responsive bidder Park Construction of North Carolina, Inc. for the Taggart Creek Outfall Sewer Replacement project, and B. Approve a contract in the amount of $912,885 with Hazen and Sawyer for engineering construction administration services for the Taggart Creek Outfall project. Staff Resource(s): Carl Wilson, Charlotte Water Explanation § The Taggart Creek Outfall project (Project) is located in West Charlotte and generally runs parallel to Billy Graham Parkway. The Project will provide for replacement of aging infrastructure. § Approximately 17,000 linear feet of new 36-inch and 42-inch diameter sewers will replace the old, undersized lines. § In addition to protecting the environment, the Project will provide reliable sewer systems for new and existing mixed use developments on West Boulevard at Billy Graham Parkway. § The Project was approved in the Fiscal Years 2006-2010 Charlotte Water Community Investment Plan, and was presented at the City Council Environment Committee in June 2015. Action A § On June 29, 2016, the City issued an Invitation to Bid for the Project; 11 bids were received from interested service providers. § Park Construction of North Carolina, Inc. was selected as the lowest responsive, responsible bidder. § The project is anticipated to be complete by the fourth quarter of 2018. Action B § On February 28, 2006, the City issued a Request for Qualifications for the Paw Creek Force Main Replacement and Taggart Creek Outfall Improvements projects. § Hazen and Sawyer was selected for all phases of this project. The City Council has previously awarded contracts to Hazen and Sawyer for the design and bid phase services of this project. This contract provides for construction administration services for the duration of the construction project. Background § The existing Taggart Creek Outfall carries flow from the Taggart, Paw and Long Creek Basins in West Charlotte. The original sewer lines were built in the 1970’s, and served small industries, homes, and farms. Charlotte Business INClusion Action A Established SBE Goal: 2.00% Committed SBE Goal: 2.00% Park Construction of North Carolina, Inc. met the established subcontracting goal and has committed 2.00% ($377,344) of the total contract amount to the following certified firms (Part B: Section 3 of the Charlotte Business INClusion Policy): · Buffkin Trucking, Inc. (SBE, MBE) ($243,000) (hauling) · Martin Landscaping (SBE, WBE) ($134,344) (seeding/erosion control) City of Charlotte Page 46 Printed on 9/9/2016 City Council Business Meeting Meeting Agenda September 12, 2016 Action B The City negotiates subcontracting participation after the proposal selection process (Part C: Section 2.1(h) of the Charlotte Business INClusion Policy). Hazen and Sawyer have committed 5.23% ($47,750) of the contract amount to the following certified firms: · Survey & Mapping Control, Inc. (SBE) ($45,000) (surveying) · Mid-Carolina Reprographics (SBE) ($2,750) (printing) Fiscal Note Funding: Charlotte Water Community Investment Plan Attachment Map Map attachment Taggart Construction RCA City of Charlotte Page 47 Printed on 9/9/2016 City Council Business Meeting Meeting Agenda September 12, 2016 53. Quality of Life Data Management Services Action: A. Approve a unit price contract with The University of North Carolina at Charlotte for data management services for an initial term of one year, and B. Authorize the City Manager to renew the contract for up to four, 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): Andrew Bowen, Management & Financial Services Explanation § The Quality of Life Explorer (Explorer) is a neighborhood indicators project that uses data to track approximately 82 variables describing social, housing, economic, environmental, and safety conditions within the City of Charlotte and Mecklenburg County. § The Explorer is used by government agencies, elected officials, residents, businesses, community service providers, researchers, and others to learn about Charlotte and its neighborhoods, develop programs and services, and plan for the future. § The City first partnered with the University of North Carolina at Charlotte (UNC-Charlotte) in 1993 to assist with the creation of the City within a City Neighborhood Assessment, the predecessor to the Explorer. § As a research institution, UNC-Charlotte acts as the centralized data assembler, gathering and analyzing raw data from City and non-City sources and combining, verifying, and packaging all data in the Explorer. UNC-Charlotte also has partnered with the City in the development of the Explorer, as well as uses and promotes the Quality of Life data and Explorer in its own research and programming. § A waiver of procurement process was obtained from the City Manager’s Office based on UNC-Charlotte’s long history of providing the services to the City and its unique position to compile Charlotte-area data. § Staff anticipates renewing the contract for up to four additional, one year terms at prices to be negotiated based on the City’s current data management needs. § UNC-Charlotte will be paid the unit prices set forth in the contract, a copy of which is available upon request. § Estimated contract expenditures are $40,000 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: Management & Financial Services Operating Budget City of Charlotte Page 48 Printed on 9/9/2016 City Council Business Meeting Meeting Agenda September 12, 2016 54. Automotive Parts and Accessories Action: A. Award a unit price contract to the lowest responsive bidder Advance Stores Company, Inc. for the purchase of Automotive Parts and Accessories for the term of three years, and B. Authorize the City Manager to renew the contract for up to two additional, two-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 Chris Trull, Management & Financial Services Explanation § U. S. Communities Government Purchasing Alliance selected Management & Financial Services/ Finance-Procurement Management as Lead Public Agency to solicit bids for Automotive Parts and Accessories. § The City and thousands of other public agencies will have access to the resulting master agreement to provide a complete line of Automotive Parts and Accessories for Light, Medium, and Heavy Duty Vehicles on a national level. § The City’s primary user of this contract will be Fleet Management, in support of citywide operational fleet needs. § Management & Financial Services issued an Invitation to Bid (ITB #269-2016-070) on behalf of U.S. Communities on June 8, 2016. § Two responsive and one non-responsive bids were received in response to the ITB. § The bids were evaluated by a local and national team comprised of staff from Procurement Management, Fleet Management and representatives from the City of Austin, Texas, Cobb County, Georgia, and Denver, Colorado. § Price was only one criterion. Other factors included extensiveness of product lines, warranties, background and experience, performance record, and the company’s ability to supply and distribute products to public agencies in all 50 states. § The company will be paid the unit prices set forth in the contract, a copy of which is available upon request. § The City of Charlotte will receive an administrative fee from U.S. Communities for serving as the Lead Agency that includes responsibility for the solicitation process, contract management, contract amendments and renewals, quarterly vendor performance reviews, and consulting and/or providing participating public agencies nationwide with information regarding the contract. The administrative fee is based on the national sales volume through the master agreement. § Annual expenditures for the City are estimated to be $300,000. Background § U. S. Communities Government Purchasing Alliance is sponsored by the National Association of Counties, the National League of Cities, the Association of School Business Officials International, the United States Conference of Mayors, and the National Governors Association. § U. S. Communities assists participating public agencies to reduce cost of purchased goods through strategic sourcing that combines the volumes and the purchasing power of public agencies nationwide. This is accomplished through an award of competitively solicited contracts by large and well organized public agencies serving as Lead Public Agency. § Combining the volumes of government agencies nationwide achieves cost effective pricing and reduces the administrative and overhead costs of government agencies and the suppliers. § By providing a comprehensive and competitively solicited master agreement through a single- bid City of Charlotte Page 49 Printed on 9/9/2016 City Council Business Meeting Meeting Agenda September 12, 2016 process, over 90,000 local government agencies can use the subsequent contract without the need for further solicitation. § The master agreement shall be interpreted in accordance with and governed by the laws and applicable policies of the state and locality of each participating agency. Charlotte Business INClusion No subcontracting goals were established because there are no subcontracting opportunities (Part C: Section 2.1(a) of the Charlotte Business INClusion Policy). Fiscal Note Funding: Management & Financial Services Operating Budget 55. Refund of Property and Business Privilege License Taxes Action: A. Adopt a resolution authorizing the refund of property taxes assessed through clerical or assessor error in the amount of $18,819.33, and B. Adopt a resolution authorizing the refund of business privilege license payments in the amount of $381.25. Staff Resource(s): Robert Campbell, Management & Financial Services Explanation § Notification of Property Tax and Business Privilege License Tax refunds due to clerical or assessor error are provided to the City by Mecklenburg County. Pearson Review Update § In accordance with the ordinance approved by the City Council on August 25, 2014, and the North Carolina law, a list of refunds, which have been paid since the last City Council Business Meeting as a result of the Pearson Review, is available at the City Clerk’s Office. § The amount of Pearson Review refunds paid since the last City Council Business Agenda Meeting on August 22, 2016, totaled $34,747.35. Attachment List of Taxpayers and Refunds Requested List of Business Privilege License Refunds Requested Resolution Property Tax Refunds Resolution Business Privilege License Refunds List of Taxpayers and Refunds Requested List of Business Privilege License Refunds Resolution Resolution Bus City of Charlotte Page 50 Printed on 9/9/2016 City Council Business Meeting Meeting Agenda September 12, 2016 56. Resolution of Intent to Abandon a Portion of Abeline Road and Whitehurst Road Action: A. Adopt a Resolution of Intent to abandon a portion of Abeline Road and Whitehurst Road, and A. Set a public hearing date for October 10, 2016. Staff Resource(s): Jeff Boenisch, Transportation Explanation § A portion of Abeline Road and Whitehurst Road is located in Council District 3. Attachment Map Resolution City Council Map Whitehurst and Abeline Resolution of Intent to Close a portion of Abeline Road and Whitehurst Road 57. Resolution of Intent to Abandon a Residual Portion of China Grove Church Road and Westinghouse Boulevard Action: A. Adopt a Resolution of Intent to abandon a residual portion of China Grove Church Road and Westinghouse Boulevard, and B. Set a public hearing date for October 10, 2016. Staff Resource(s): Jeff Boenisch, Transportation Explanation § A residual portion of China Grove Church Road and Westinghouse Boulevard is located in Council District 3. Attachment Map Resolution City Council Map China Grove Church and Westinghouse Resolution of Intent to Close a portion of China Grove Church Road and Westinghouse Boulevard 58. Meeting Minutes Action: Approve the titles, motions, and votes reflected in the Clerk’s record as the minutes of: - August 22, 2016, Business Meeting Staff Resource(s): Stephanie Kelly, City Clerk’s Office City of Charlotte Page 51 Printed on 9/9/2016 City Council Business Meeting Meeting Agenda September 12, 2016 PROPERTY TRANSACTIONS 59. In Rem Remedy: 1235 Fairmont Street For In Rem Remedy, the public purpose and policy are outlined here. Public Purpose: § Eliminate a blighting influence; § Reduce the proportion of substandard housing; § Increase tax value of property by making land available for potential infill housing development; and § Support public safety initiatives. Policy: § Housing & Neighborhood Development and Community Safety The In Rem Remedy items were initiated from 3 categories: 1. Public Safety - Police and/or Fire Departments 2. Complaint - petition by citizens, tenant complaint, or public agency referral 3. Field Observation - concentrated code enforcement program The In Rem Remedy item is listed below by category identifying the street address and neighborhood. Comment: (1235 Fairmont Street) Action: Adopt an Ordinance authorizing the use of In Rem Remedy to demolish and remove the structure at (1235 Fairmont Street) (Neighborhood Profile Area 311). Attachment In Rem Packet for (1235 Fairmont) In Rem Remedy 1235 Fairmont St.pdf City of Charlotte Page 52 Printed on 9/9/2016 City Council Business Meeting Meeting Agenda September 12, 2016 60. In Rem Remedy: 1936/1938 W. Trade Street For In Rem Remedy, the public purpose and policy are outlined here. Public Purpose: § Eliminate a blighting influence; § Reduce the proportion of substandard housing; § Increase tax value of property by making land available for potential infill housing development; and § Support public safety initiatives. Policy: § Housing & Neighborhood Development and Community Safety The In Rem Remedy items were initiated from 3 categories: 1. Public Safety - Police and/or Fire Departments 2. Complaint - petition by citizens, tenant complaint, or public agency referral 3. Field Observation - concentrated code enforcement program The In Rem Remedy item is listed below by category identifying the street address and neighborhood. Field Observation: (1936/1938 W. Trade Street) Action: Adopt an Ordinance authorizing the use of In Rem Remedy to demolish and remove the structure at (1936/1938 W. Trade Street) (Neighborhood Profile Area 382). Attachment In Rem Packet for (1936/1938 W. Trade Street) In Rem Remedy 1936-1938 W Trade St.pdf City of Charlotte Page 53 Printed on 9/9/2016 City Council Business Meeting Meeting Agenda September 12, 2016 61. In Rem Remedy: 4937 Springview Road For In Rem Remedy, the public purpose and policy are outlined here. Public Purpose: § Eliminate a blighting influence; § Reduce the proportion of substandard housing; § Increase tax value of property by making land available for potential infill housing development; and § Support public safety initiatives. Policy: § Housing & Neighborhood Development and Community Safety The In Rem Remedy items were initiated from 3 categories: 1. Public Safety - Police and/or Fire Departments 2. Complaint - petition by citizens, tenant complaint, or public agency referral 3. Field Observation - concentrated code enforcement program The In Rem Remedy item is listed below by category identifying the street address and neighborhood. Field Observation: (4937 Springview Road) Action: Adopt an Ordinance authorizing the use of In Rem Remedy to demolish and remove the structure at (4937 Springview Road) (Neighborhood Profile Area 371). Attachment In Rem Packet for (4937 Springview Road) In Rem Remedy 4937 Springview Rd.pdf City of Charlotte Page 54 Printed on 9/9/2016 City Council Business Meeting Meeting Agenda September 12, 2016 62. In Rem Remedy: 5312 Monroe Road For In Rem Remedy, the public purpose and policy are outlined here. Public Purpose: § Eliminate a blighting influence; § Reduce the proportion of substandard housing; § Increase tax value of property by making land available for potential infill housing development; and § Support public safety initiatives. Policy: § Housing & Neighborhood Development and Community Safety The In Rem Remedy items were initiated from 3 categories: 1. Public Safety - Police and/or Fire Departments 2. Complaint - petition by citizens, tenant complaint, or public agency referral 3. Field Observation - concentrated code enforcement program The In Rem Remedy item is listed below by category identifying the street address and neighborhood. Field Observation: (5312 Monroe Road) Action: Adopt an Ordinance authorizing the use of In Rem Remedy to demolish and remove the structure at (5312 Monroe Road) (Neighborhood Profile Area 390). Attachment In Rem Packet for (5312 Monroe Road) In Rem Remedy 5312 Monroe Rd.pdf City of Charlotte Page 55 Printed on 9/9/2016 City Council Business Meeting Meeting Agenda September 12, 2016 63. Property Transactions - Kenilworth / Romany Storm Water Improvement Project, Parcel #44 Action: Approve the following Acquisition: Kenilworth / Romany Storm Water Improvement Project, Parcel #44 Project: Kenilworth / Romany Storm Water Improvement Project, Parcel #44 Program: Flood Control Owner(s): Robert Wendel Naumann and Jubilee Brown Property Address: 1532 Dilworth Road Total Parcel Area: 12,709 sq. ft. (.292 ac.) Property to be acquired by Easements: 1,402.06 sq. ft. (.032 ac.) in Temporary Construction Easement, plus 218.65 sq. ft. (.005 ac.) in Utility Easement Structures/Improvements to be impacted: None Landscaping to be impacted: None Zoned: R-4 Use: Single-family Residential Tax Code: 123-097-13 Purchase Price: $10,175 Council District: 1 64. Property Transactions - CityLYNX Gold Line Streetcar Phase 2, Parcel #45 Action: Approve the following Condemnation: CityLYNX Gold Line Streetcar Phase 2, Parcel #45 Project: CityLYNX Gold Line Streetcar Phase 2, Parcel #45 Owner(s): Earl G. Brown and Roberta W. Brown Property Address: 1721 West Trade Street Total Parcel Area: 97,723 sq. ft. (2.243 acres) Property to be acquired by Easements: 199.55 sq. ft. (.005 ac.) in Temporary Construction Easement, plus 131.17 sq. ft. (.003 ac.) in Utility Easement Structures/Improvements to be impacted: None Landscaping to be impacted: None Zoned: B-1S (CD) Use: Commercial Tax Code: 071-108-19 Appraised Value: $1,650 Property Owner’s Concerns: The property owner is concerned with the compensation amount and has hired legal representation. City’s Response to Property Owner’s Concerns: Staff informed the property owner that they could present a counter offer for consideration or obtain their own appraisal. Recommendation: To avoid delay in the project schedule, staff recommends proceeding to condemnation during which time negotiations can continue, mediation is available and if necessary, just compensation can be determined by the court. Council District: N/A City of Charlotte Page 56 Printed on 9/9/2016 City Council Business Meeting Meeting Agenda September 12, 2016 65. 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 57 Printed on 9/9/2016 City Council Business Meeting Meeting Agenda September 12, 2016 opportunities on a Contract). Special Exemptions: Contracts where the Department and the Program Manager agree that the Department had no discretion to hire an SBE (e.g., emergency contracts or contracts for banking or insurance services) shall be Exempt Contracts. Appendix Section 35: Informal Contracts: Contracts and purchase orders through which the City procures services from a Business Enterprise that fall within one of the following two categories: Construction Contracts Less Than or Equal To $500,000: Service and Commodities Contracts That Are Less Than or Equal To $100,000: Part B: Formal Construction Bidding Part B: Section 2.1: When the City Solicitation Documents for a Construction Contract contain an MWSBE Goal, each Bidder must either: (a) meet the MWSBE Goal, or (b) comply with the Good Faith Negotiation and Good Faith Efforts requirements. Failure to do so constitutes grounds for rejection of the Bid. The City Solicitation Documents will contain certain forms that Bidders must complete to document having met these requirements. Part B: Section 2.3: No Goals When There Are No Subcontracting Opportunities. The City shall not establish Subcontracting Goals for Contracts where: a) there are no subcontracting opportunities identified for the Contract; or b) there are no SBEs, MBEs or WBEs (as applicable) to perform scopes of work or provide products or services that the City regards as realistic opportunities for subcontracting. Part C: Services Procurement Part C: Section 2.1: When the City Solicitation Documents for a Service Contract do not contain an SBE Goal, each Proposer must negotiate in good faith with each MWSBE that responds to the Proposer’s solicitations and each MWSBE that contacts the Proposer on its own accord. Additionally, the City may negotiate a Committed SBE Goal with the successful Proposer after the Proposal Opening. Part C: Section 2.1: No Goal When There Are No MWSBE Subcontracting Opportunities. The City shall not establish an MWSBE Goal for Service Contracts where there are no MWSBEs certified to perform the scopes of work that the City regards as realistic opportunities for subcontracting. Part D: Post Contract Award Requirements Part D: Section 6: New Subcontractor Opportunities/Additions to Scope, Contract Amendments If a Contractor elects to subcontract any portion of a Contract that the Contractor did not previously identify to the City as a subcontracting opportunity, or if the scope of work on a Contract increases for any reason in a manner that creates a new MWSBE subcontracting opportunity, the City shall either: § Notify the Contractor that there will be no Supplemental MWSBE Goal for the new work; or § Establish and notify the Contractor of a Supplemental MWSBE Goal for the new work. City of Charlotte Page 58 Printed on 9/9/2016 City Council Business Meeting Meeting Agenda September 12, 2016 66. 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 59 Printed on 9/9/2016 City Council Business Meeting Meeting Agenda September 12, 2016 67. 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 60 Printed on 9/9/2016 City Council Business Meeting Meeting Agenda September 12, 2016 Adjournment City of Charlotte Page 61 Printed on 9/9/2016