City Council Business Meeting

City of Charlotte Charlotte-Mecklenburg Government Center 600 East 4th Street Charlotte, NC 28202 Meeting Agenda Monday, September 26, 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 26, 2016 CITY COUNCIL MEETING Monday, September 26, 2016 In addition to the previously advertised public hearing items, Departments have asked that the time sensitive items listed below not be deferred. Item# Title 40 Property Transactions - CityLYNX Gold Line Streetcar Phase 2, Parcel #54 45 Property Transactions - CityLYNX Gold Line Streetcar Phase 2, Parcel #73 City of Charlotte Page 2 Printed on 9/22/2016 City Council Business Meeting Meeting Agenda September 26, 2016 5:00 P.M. DINNER BRIEFING, CHARLOTTE-MECKLENBURG GOVERNMENT CENTER, ROOM 267 1. Mayor and Council Consent Item Questions Staff Resource(s): Debra Campbell, 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. Airport/West Corridor - Dixie Berryhill Area Roads Update Staff Resource(s): Debra Campbell, City Manager’s Office Bill Parks, Management & Financial Services Time: 20 minutes Explanation § The purpose of the presentation is to provide City Council an update on the progress of preliminary planning for transportation infrastructure in the Dixie Berryhill Area in the area west of the Airport. § Airport/West Corridor transportation infrastructure investments were originally included in the 2016 and 2018 Bond Referenda as part of the five-year General Community Investment Plan adopted by City Council in Fiscal Year 2015. § These investments are designed to facilitate economic development as recommended in the Dixie-Berryhill Area Plan leverage proposed private investments and support development around the Airport and intermodal facility. § Funding in the amount of $44.7 million is programmed in the Community Investment Plan, with the first allocation of $16.2 million included in the November 2016 Bond Referendum § During Fiscal Year 2015, an Advance Preliminary Planning Study was conducted and completed in August 2015. § Staff will present a summary of findings from an Advanced Preliminary Planning Study and describe refinements to the scope of the road projects recommended for the Dixie Berryhill Area. Future Action The presentation is for information purposes only. City of Charlotte Page 3 Printed on 9/22/2016 City Council Business Meeting Meeting Agenda September 26, 2016 3. City Enterprise Technology Practices Staff Resource(s): Jeff Stovall, Innovation & Technology Time: 20 minutes Explanation § During the Fiscal Year 2017 budget development process, the City Council asked about the City’s policies and practices around technology management. § The purpose of this presentation is to brief the City Council on the current state of technology practices within the City Of Charlotte. § The Innovation & Technology Department oversees the the City’s technology management functions at the enterprise-level. Each City department also allocates resources to its internal technology needs specific to that department (e.g. Charlotte-Mecklenburg Police Department, Solid Waste Services, etc.) § During the presentation, staff will discuss the City’s enterprise-level technology programs in the context of: - Public sector norms for technology deployment, - How Charlotte enterprise technology operations compares to other cities, - Existing technology needs that are critical to maintaining performance and providing optimal City services, and - Mechanisms that are necessary to address existing needs and a summary of potential solutions. Future Action The presentation is for information only. 4. Play Everywhere Challenge Grant for Charlotte-Mecklenburg Government Center Plaza Staff Resource(s): Gina Shell, Engineering & Property Management Monica Holmes, Planning Time: 10 minutes Explanation § The Play Everywhere Challenge grant, a national competition of the non-profit KaBoom, was recently awarded to the City of Charlotte for the Charlotte-Mecklenburg Government Center (CMGC) Plaza. § The Play Everywhere Challenge grant seeks to turn atypical space into places where citizens can play, relax, or create. § Charlotte applied for The Play Everywhere Challenge grant, seeking funding for a pilot-project on the CMCG Plaza to test possible future enhancements. The vision is to make the CMGC Plaza a more welcoming “front porch” to the government district. § During the presentation, staff will describe the current condition of the CMGC Plaza and provide an overview of design elements and programming to be supported by the Play Everywhere Challenge grant. Future Action The presentation is for information only. City of Charlotte Page 4 Printed on 9/22/2016 City Council Business Meeting Meeting Agenda September 26, 2016 5. Answers to Mayor and Council Consent Item Questions Staff Resource(s): Debra Campbell, City Manager’s Office Time: 10 minutes Synopsis Staff responses to questions from the beginning of the dinner meeting. City of Charlotte Page 5 Printed on 9/22/2016 City Council Business Meeting Meeting Agenda September 26, 2016 Call to Order Roll Call Introductions Invocation Pledge of Allegiance City of Charlotte Page 6 Printed on 9/22/2016 City Council Business Meeting Meeting Agenda September 26, 2016 6:30 P.M. - CITIZENS' FORUM 6. Consent agenda items 16 through 45 may be considered in one motion except for those items removed by a Council member. Items are removed by notifying the City Clerk. Consideration of Consent Items shall occur in the following order: A. Items that have not been pulled, and B. Items with citizens signed up to speak to the item. City of Charlotte Page 7 Printed on 9/22/2016 City Council Business Meeting Meeting Agenda September 26, 2016 PUBLIC HEARING City of Charlotte Page 8 Printed on 9/22/2016 City Council Business Meeting Meeting Agenda September 26, 2016 7. Public Hearing on a Resolution to Close a Portion of Greenwood Cliff Action: Continue a public hearing to close a portion of Greenwood Cliff to November 14, 2016. The Pearl Park Tax Increment Grant was/will be considered as follows: - Mecklenburg County Economic Development Committee: September 19, 2016, - Mecklenburg Board of County Commissioners: October 4, 2016. Staff Resource(s): Jeff Boenisch, Transportation Explanation § North Carolina General Statute 160A-299 outlines the procedures for permanently closing streets and alleys. § The Charlotte Department of Transportation received a petition to abandon public right-of-way and requests this City Council action in accordance with the statute. § The action removes land from public right-of-way status and attaches it to the adjacent property. § The abandonment of Greenwood Cliff would allow for an extension of the existing Pearl Park Way (Pearl Park Project). § There are three primary actions necessary for the Pearl Park Project to move forward: - Approval of a proposed Text Amendment, accomplished on February 15, 2016, - Decision on the Pearl Park Way Extension Tax Increment Grant (November 14, 2016), and - Closing of a portion of Greenwood Cliff (November 14, 2016). § The resolution to close this portion of Greenwood Cliff contains a contingency statement that requires the construction of Pearl Park Way Extension and Berkley Place Extension to be completed within five years of this action. § The City intends to keep Greenwood Cliff open to the public until the conditions outlined in the contingency statement are met. § Greenwood Cliff is located in City Council District 1. Petitioners Midtown Partners II, LLC Right-of-Way to be Abandoned Greenwood Cliff is located northwest of Kenilworth Avenue, neighboring the Pearl Street Neighborhood Park. Reason The closing of a portion of Greenwood Cliff will occur in exchange for the construction of the new Pearl Park Way extension. This first phase of this street connection will occur between Kenilworth Avenue and the remaining portion of Greenwood Cliff. In addition, this street closing will allow a number of abutting properties to be recombined in order to accommodate a new development consisting of mixed housing, office, and commercial uses. The proposed development is consistent with the Midtown-Morehead-Cherry Area Plan. Notification As part of the City’s notification process, and in compliance with North Carolina General Statute 160A-299, the Charlotte Department of Transportation submitted this abandonment petition for review by the public and City Departments. Adjoining property owner(s) Mr. Alan Mayfield - Notified/no response City of Charlotte Page 9 Printed on 9/22/2016 City Council Business Meeting Meeting Agenda September 26, 2016 Mr. James Keenan - Has concerns that the proposed project design will adversely impact remaining properties. Mr. David Earnhardt - Notified/no response Mr. Allen James - Notified/no response Mr. William Turner - No objections Mr. Chester Helt - Has concerns, which he and the petitioner are working to resolve. D&R Properties of Charlotte, LLC - Notified/no response Amy ENT, LLC - Notified/no response ODOM Family, LLC - Notified/no response Nameste Properties No. 1, LLC - Notified/no response Liberty Greenwood Cliff, LLC - Notified/no response Neighborhood/Business Association(s) Charlotte Regional Realtor® Association - No objections Private Utility Companies - No objections City Departments Review by City departments identified no apparent reason this closing would: § Be contrary to the public interest; § Deprive any individual(s) owning property in the vicinity of reasonable means of ingress and egress to their property as outlined in the statutes; and § Be contrary to the adopted policy to preserve existing rights-of-way for connectivity. City of Charlotte Page 10 Printed on 9/22/2016 City Council Business Meeting Meeting Agenda September 26, 2016 8. Public Hearing Regarding General Obligation Refunding Bonds Action: A. Hold a public hearing on issuing long-term General Obligation Refunding Bonds to replace currently outstanding short-term debt issued to fund street and neighborhood improvement projects, B. Adopt the bond order and resolution to provide for the issuance of General Obligation Refunding Bonds in the amount not to exceed $150 million, and C. Adopt a resolution to authorize a new construction period financing program for up to $150 million to be used for projects approved in the 2010 and 2014 referendums. Staff Resource(s): 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 million, 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 cost to taxpayers. § Actions A and B will complete the process of authorizing the long-term General Obligation Refunding Bonds. § Action C will authorize a new short-term construction period financing program to be used for projects approved in the 2010 and 2014 Bond Referendums. Fiscal Note Funding: Municipal Debt Service Fund Attachment Bond Order Bond Resolutions Public Hearing and Bond Order 2016 Refunding GOs (CP takeout) Bond Resolution - Charlotte Refunding GOs 2016 (CP Takeout) - rev. to v3 Bond Resolution - bank draw program w_PNC City of Charlotte Page 11 Printed on 9/22/2016 City Council Business Meeting Meeting Agenda September 26, 2016 POLICY 9. City Manager’s Report City of Charlotte Page 12 Printed on 9/22/2016 City Council Business Meeting Meeting Agenda September 26, 2016 BUSINESS 10. Appointment to the Charlotte International Cabinet Action: Vote on blue ballots and return to Clerk at dinner. Staff Resource(s): Stephanie Kelly, City Clerk’s Office Explanation § One appointment in the Cultural/Ethnic category for an unexpired term beginning immediately and ending June 30, 2018. - Allison Braden, nominated by Council members Fallon and Kinsey - Momina Fairdi, nominated by Council members Eiselt and Phipps - Padma Nunna, nominated by Council member Driggs - Regina Owens, nominated by Council member Mitchell - Deepti Panjabi, nominated by Council members Austin and Autry Attachment Charlotte International Cabinet Applicants 11. Appointment to the Charlotte Regional Visitors Authority Action: Vote on blue ballots and return to Clerk at dinner. Staff Resource(s): Stephanie Kelly, City Clerk’s Office Explanation § One appointment in the At-large category for an unexpired term beginning immediately and ending June 30, 2019. - Peter Grills, nominated by Council members Driggs, Fallon, Phipps, and Smith - Matthew Hirschy, nominated by Council members Autry and Kinsey - Felicia Hall Allen, nominated by Council members Austin, Eiselt, Lyles, and Mitchell (NOMINATION DECLINED BY CANDIDATE) Attachment Charlotte Regional Visitors Authority Applicants City of Charlotte Page 13 Printed on 9/22/2016 City Council Business Meeting Meeting Agenda September 26, 2016 12. Appointment to the Community Relations Committee Action: Vote on blue ballots and return to Clerk at dinner. Staff Resource(s): Stephanie Kelly, City Clerk’s Office Explanation § One appointment for an unexpired term beginning immediately and ending June 30, 2019. - Alicia Benjamin, nominated by Council member Autry - Alyssa Brown, nominated by Council member Kinsey - Beverly Corpening, nominated by Council member Fallon - Jared Fawley, nominated by Council member Driggs - Daniel Freeman, nominated by Council member Driggs - Gary Young II, nominated by Council members Austin, Eiselt, Fallon, Mitchel, and Phipps Attachment Community Relations Committee Applicants 13. Appointment to the Housing Appeals Board Action: Vote on blue ballots and return to Clerk at dinner. 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. § THE FOLLOWING APPLICANTS DO NOT FALL UNDER THE REQUIRED CATEGORY: - Momina Faridi, nominated by Council member Fallon - Regina Tisdale, nominated by Council member Autry Attachment Housing Appeals Board Applicants City of Charlotte Page 14 Printed on 9/22/2016 City Council Business Meeting Meeting Agenda September 26, 2016 14. Appointments to the Tree Advisory Commission Action: Vote on blue ballots and return to Clerk at dinner. Staff Resource(s): Stephanie Kelly, City Clerk’s Office Explanation § One appointment for a three-year term beginning September 17, 2016, and ending September 16, 2019. § One appointment for an unexpired term beginning immediately and ending December 13, 2018. - Tarik Hameed, nominated by Council members Autry, Fallon, and Kinsey - Mitchell Hughes, nominated by Council members Austin, Driggs, Phipps, and Smith - Robbie Kirk, nominated by Council members Kinsey and Phipps - J. Mark Smith, nominated by Council members Austin, Driggs, and Smith Attachment Tree Advisory Commission Applicants 15. Mayor and City Council Topics The City Council members may share information and raise topics for discussion. City of Charlotte Page 15 Printed on 9/22/2016 City Council Business Meeting Meeting Agenda September 26, 2016 CONSENT 16. 2016 Justice Assistance Grant Action: A. Accept a grant from the U.S. Department of Justice in the amount of $493,021, from the Justice Assistance Grant Program, and B. Adopt a budget ordinance appropriating $493,021 in grant funds from the U.S. Department of Justice. Staff Resource(s): Vicki Foster, Police Jeff Estes, Police Paul Paskoff, Police Rachel Vanhoy, Mecklenburg County Sheriff’s Office Explanation § Each year, the City applies for and receives grant funds from the Justice Assistance Grant Program administered by the U.S. Department of Justice. - The grant funds must be used for law enforcement purposes. - The grant award amount is determined from an index based on reported violent crime rates. § The enabling legislation for the grant requires that the City share a portion of the funds with Mecklenburg County, as the service provider for the incarceration of offenders. § The formula for distribution is 75/25, with the City receiving 75% of the funds and Mecklenburg County (Sheriff’s Office) receiving 25% of the awarded funds. § The City’s share of the funds will be $369,766; Mecklenburg County will receive $123,255. § CMPD will use the grant funds for three purposes: - $194,750 will be used for overtime for patrol officers to address crime problems at the neighborhood level, including responding to emerging crime trends, identifying and targeting suspects, and working with partners to address the enablers of crime. - $20,000 will be used to cover overtime for Crime Lab employees to complete evidence analysis in priority cases and to address any backlogs in evidence analysis. - $155,016 will be used to fund the Police Cadet Program, in which college students majoring in criminal justice gain exposure to police work while they perform tasks that do not require the expertise of sworn police officers. § The grant does not require any matching funds from the City. § The grant period runs from October 1, 2015, to September 30, 2019. Fiscal Note Funding: Justice Assistance Grant Attachment Budget Ordinance CMPD_DOJ_JusticeAssistanceGrant_Ord_9-26-16 City of Charlotte Page 16 Printed on 9/22/2016 City Council Business Meeting Meeting Agenda September 26, 2016 17. U.S. Department of Justice DNA Capacity Enhancement and Backlog Reduction Program Action: A. Accept a grant from the U.S. Department of Justice in the amount of $306,102 to continue funding four existing DNA positions and a quality assurance audit in the Charlotte-Mecklenburg Police Department DNA Crime Laboratory Division, and B. Adopt a budget ordinance appropriating $306,102 in grant funds from the U.S. Department of Justice and an estimated $20,000 generated from program income through agreements between the Charlotte-Mecklenburg Police Department and other Mecklenburg County police agencies to process DNA samples. Staff Resource(s): Bruce Bellamy, Police Matthew Mathis, Police Explanation § Annually, since 2006, the Charlotte-Mecklenburg Police Department (CMPD) has received a grant from the U.S. Department of Justice DNA Capacity Enhancement and Backlog Reduction Program. § The U.S Department of Justice DNA Backlog Reduction grant for Fiscal Year 2015 currently funds four existing grant positions. § By October 21, 2016, the City of Charlotte must accept the Fiscal Year 2016 DNA Capacity Enhancement and Backlog Reduction Program grant award for the performance of DNA analysis on current and active cases. § The Biology Unit of CMPD’s Crime Laboratory Division continues to experience an increase in the demands for DNA testing. Currently, the Biology Unit tests cases including, but not limited to, homicides, rapes, robberies, and property crimes (e.g. burglaries). § DNA Backlog Reduction grant funds will allow the Biology Unit to process more DNA samples, thereby helping to reduce the number of forensic DNA and DNA database samples awaiting analysis. § The grant funds are to be used to help decrease the backlog of cases with DNA evidence by providing: - $134,388 will fund two Criminalist DNA Analysts for 12 months. - $50,729 will fund one DNA Analyst Trainee for 12 months. At the completion of the training period, the DNA Analyst Trainee will be qualified to assume full DNA analysis duties. - $46,358 will fund a DNA Laboratory Technician for 12 months. The DNA Laboratory Technician reviews requests for DNA analysis, conducts quality control checks of instruments, makes necessary repairs, and prepares reagents (chemicals) for testing. - $65,827 will fund the benefits for the four positions during the grant period. - $8,800 will fund a quality assurance audit that is required by the Federal Bureau of Investigation for all laboratories participating in the Combined DNA Index System (CODIS). § As of April 5, 2016, beginning with the Fiscal Year 2016 DNA Capacity Enhancement and Backlog Reduction Program Grant, “Program Income” must be identified on the Federal Financial Reports. - For an agency receiving federal grant funds, to increase its capacity to solve backlogged cases, the allocated federal amount of crime laboratory revenue generated must be added to the grant amount and used to further increase solving backlogged DNA cases. - Program income would be used to purchase equipment specific to the Biology Unit such as, centrifuge and DNA testing supplies. - CMPD may generate an estimated $20,000 in program income through agreements with police agencies in Mecklenburg County to process DNA samples associated with high-profile crimes. This service will be provided upon request and charged at an hourly rate. § The 24-month grant period is from January 1, 2017, to December 31, 2018. City of Charlotte Page 17 Printed on 9/22/2016 City Council Business Meeting Meeting Agenda September 26, 2016 Fiscal Note Funding: U.S. Department of Justice DNA Capacity Enhancement and Backlog Reduction Program Grant Attachment Budget Ordinance CMPD_DOJ_DNA Capacity Enhancement & Backlog ReductionProg_Ord_9-26-16 18. Emergency Rescue Equipment Action: A. Approve the purchase of Hurst Jaws of Life products, as authorized by the sole source exemption of G.S. 143-129 (e)(6), B. Approve a contract with Municipal Emergency Services Inc. for the purchase of Hurst Jaws Of Life products for the term of three years, and C. Authorize the City Manager to renew the contract for up to two, one-year terms with possible price adjustments and to amend the contract consistent with the City’s business needs and the purpose for which the contract was approved. Staff Resource(s): Kevin Gordon, Fire 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 to ensure standardization of equipment on all emergency vehicles. § The City Council must approve purchases made under the sole source exception. Explanation § After tests and equipment evaluations, the Charlotte Fire Department (CFD) has determined that Hurst Jaws of Life tools best fit the needs for emergency rescue purposes. § The tools are used to free trapped occupants from motor vehicle collisions, machinery accidents, and other rescue incidents. The tools breach, spread, cut, and displace metal and other materials. § Currently, all ladder companies and rescue trucks are equipped with Hurst Rescue tools. § The contract with Municipal Emergency Services, Inc. allows CFD to purchase replacement tools and upgrade the rescue tools during the apparatus replacement cycle. § All CFD fire and rescue employees are trained on Hurst equipment. § Municipal Emergency Services Inc. is the exclusive distributor for this equipment in the Charlotte metro region. § Annual expenditures under the contract are estimated to be $100,000. 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: Fire Department Operating Budget City of Charlotte Page 18 Printed on 9/22/2016 City Council Business Meeting Meeting Agenda September 26, 2016 19. Fire Uniform Shirts Action: A. Award unit price contracts to the following lowest responsive bidders for the purchase of fire uniform shirts for the initial term of three years: - MES Carolinas - Reads Uniforms, and B. Authorize the City Manager to renew the contract for up to two additional, one-year terms with possible price adjustments and to amend the contract consistent with the City’s business needs and the purpose for which the contract was approved. Staff Resource(s): Kevin Gordon, Fire Explanation § The Charlotte Fire Department has required uniforms to include job shirts and polo shirts. - Job shirts are heavyweight, long-sleeved collared shirts designed to pullover an employee’s polo shirt, primarily in the winter months. Job shirts include a front half zipper, hand warmers, and elbow reinforcements. - Polo shirts are a simple, short or long sleeved collared three button shirt. Firefighters wear these shirts daily during their scheduled shift. § The items are purchased in bulk several times a year to ensure adequate stock when issuing uniforms to new recruits and to other employees for replacement of worn and/or contaminated items. § On June 1, 2016, Management & Financial Services issued an Invitation to Bid; four bids were received from interested service providers. § MES Carolinas was selected as the lowest responsive, responsible bidder for job shirts. § Reads Uniforms was selected as the lowest responsive, responsible bidder for polo shirts. § Combined annual expenditures are estimated to be $200,000. § Fire anticipates purchasing an estimated 1,150 job shirts and an estimated 3,675 polo shirts in Fiscal Year 2017. Charlotte Business INClusion No subcontracting goal is established because there are no subcontracting opportunities (Part B: Section 2.3 of the Charlotte Business INClusion Policy). Fiscal Note Funding: Fire Operating Budget City of Charlotte Page 19 Printed on 9/22/2016 City Council Business Meeting Meeting Agenda September 26, 2016 20. Fire Light Duty Pickup Trucks and Vans Action: A. Award a unit price contract to the lowest responsive bidder Ben Mynatt Chevrolet for the purchase of light duty pickup trucks and passenger vans for one year, and B. Authorize the City Manager to renew the contract for up to four additional, one-year terms with possible price adjustments and to amend the contract consistent with the City’s business needs and the purpose for which the contract was approved. Staff Resource(s): Chris Trull, Management & Financial Services Explanation § Management & Financial Services collaborates with other City departments on an annual basis to assess vehicles and equipment in determining replacement needs based on a rating of vehicle usage, age, maintenance costs, and condition. § The Charlotte Fire Department has an immediate need to purchase pickup trucks, SUVs, and passenger vans with specialized equipment and utility bodies to provide essential and emergency services. The vehicles were approved by the City Council as part of the Fiscal Year 2017 General and Enterprise Capital Equipment Lists. § All equipment and utility bodies are not currently provided on previously approved state, cooperative, or City contracts. § On August 9, 2016, Management & Financial Services issued an Invitation to Bid; three bids were received from interested service providers. § The company will be paid the unit prices set forth in the contract, a copy of which is available upon request. § Management & Financial Services anticipates renewing the contract for up to four additional, one-year terms at prices to be negotiated based on market conditions and model year price adjustments provided by the manufacturers. § The City anticipates purchasing an estimated 11 vehicles in Fiscal Year 2017 based on available funds approved on the Capital Equipment Replacement List. § Estimated annual expenditures are $450,000, which includes the cost of the vehicle outfitted with equipment and accessories necessary to provide emergency response services. 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: General Capital Equipment Replacement Fund City of Charlotte Page 20 Printed on 9/22/2016 City Council Business Meeting Meeting Agenda September 26, 2016 21. 2045 Metropolitan Transportation Plan for Charlotte Regional Transportation Planning Organization Action: Approve a contract in the amount of $1,032,761 on behalf of the Charlotte Regional Transportation Planning Organization with RS&H Architects-Engineers-Planners, Inc. for assistance with the preparation of the 2045 Metropolitan Transportation Plan. Staff Resource(s): Robert Cook, Planning Explanation § The City of Charlotte is the lead planning agency for the Charlotte Regional Transportation Planning Organization (CRTPO), the Metropolitan Planning Organization (MPO) for the Charlotte urbanized area. § City staff supports the regional transportation planning process by providing complex, multi-dimensional activities covering a range of transportation planning and engineering needs. § The Metropolitan Transportation Plan is a federally required, long-range plan that must be updated every four years. The consultant will be responsible for the following tasks: - Overall project management and coordination, - Data collection and research, - GIS mapping, - Conduct outreach to low-income and minority communities, - Scenario planning to evaluate the relationship between land use, urban form and travel behavior, - Project evaluation and ranking of an estimated 300 highway projects, - Incorporate newly-required performance-based planning requirements, - Update the congestion management element, - Lead public involvement efforts, including: § Branding the MTP process, § Staffing three, large-format public meetings, § Organizing 20 vendor booths, § Creating and updating a project website template, § Preparing materials, such as brochures, surveys, fliers, maps, and comment cards, § Preparing a Geographic Information Systems online mapping tool, and - Final document preparation. § The Cost Estimation Tool for Metropolitan Transportation Plan for CRTPO, agenda item number 22, will be used to generate the planning level roadway estimates for all candidate projects. The Cost Estimation Tool will help the CRTPO create the most accurate planning level cost estimates for the preparation of the plan. § The complexity of this project will result in the work being spread out over fiscal years 2017, 2018 and 2019. § On December 22, 2015, the City issued a Request for Qualifications (RFQ) for the 2045 Metropolitan Transportation Plan. In response to the RFQ, the City received three proposals from interested service providers. § The Project Team, consisting of staff from Planning, the Charlotte Department of Transportation, the North Carolina Department of Transportation, and the towns of Stallings and Troutman, evaluated the proposals and in February determined that RS&H Architects-Engineers-Planners, Inc. best meets CRTPO’s needs in terms of qualifications, experience, cost, and responsiveness to RFQ requirements. § Due to the wide-range and complexity of the tasks associated with the development of a Metropolitan Transportation Plan, a final scope of work was not completed until July 2016. City of Charlotte Page 21 Printed on 9/22/2016 City Council Business Meeting Meeting Agenda September 26, 2016 Small Professional Services Firm (SPSF) Opportunity No subcontracting goal was established, however, the following SPSF firms will be utilized: - City Explained, Inc. for public involvement 10% - Kimley-Horn and Associates, Inc. for federal policy coordination 15% - Tupponce Enterprises II, Inc. for outreach to low-income and minority communities 5% Fiscal Note Funding: Federal Planning Grant 22. Cost Estimation Tool for Metropolitan Transportation Plan for Charlotte Regional Transportation Planning Organization Action: Approve a contract on behalf of the Charlotte Regional Transportation Planning Organization in the amount not-to-exceed $400,000 with HNTB of North Carolina, P.C. for the development of a cost estimation application to be used in the preparation of the 2045 Metropolitan Transportation Plan and other transportation planning tasks in the Charlotte region. Staff Resource(s): Candice Rorie, Planning Robert Cook, Planning Explanation § The City of Charlotte is the lead planning agency for the Charlotte Regional Transportation Planning Organization (CRTPO) and the Metropolitan Planning Organization (MPO) for the Charlotte urbanized area. § City staff supports the regional transportation planning process by providing a wide range of transportation planning and engineering needs. § The CRTPO is required to update its Metropolitan Transportation Plan (MTP) every four years. § HNTB of North Carolina, P.C. will develop a software application that automates the development of roadway projects as well as future transportation planning tasks. The application will include the following elements: - Planning level roadway construction cost estimates, - Right-of-way cost estimates, - Utility cost estimates, and - Environmental mitigation cost estimates. § Due to the federal regulations requiring the Metropolitan Transportation Plan be fiscally constrained, planning level estimates for all candidate roadway projects are necessary to evaluate and rank projects that will be included in the 2045 Metropolitan Transportation Plan (reference agenda item “2045 Metropolitan Transportation Plan for Charlotte Regional Transportation Planning Organization”). § On December 22, 2015, the City issued a Request for Qualifications (RFQ) for Cost Estimation Application Development for CRTPO. In response to the RFQ, the City received one proposal from an interested service provider. § The Project Team, consisting of staff from Planning, the Charlotte Department of Transportation, the North Carolina Department of Transportation, and the towns of Stallings and Troutman, evaluated the proposal and determined that HNTB of North Carolina, P.C. best meets the City’s needs in terms of qualifications, experience, cost, and responsiveness to RFQ requirements. Small Professional Services Firm (SPSF) Opportunity No subcontracting goal was established for this contract because there are no opportunities. Fiscal Note Funding: Federal Planning Grant City of Charlotte Page 22 Printed on 9/22/2016 City Council Business Meeting Meeting Agenda September 26, 2016 23. Metropolitan Planning Program Grant Municipal Agreement Action: Adopt a resolution authorizing the City Manager to execute a municipal agreement with the North Carolina Department of Transportation to support transit-planning activities for the Charlotte Regional Transportation Planning Organization. Staff Resource(s): Jayne Peterson, Transportation Phil Reiger, Transportation Explanation § The Federal Transit Administration (FTA) awarded the Fiscal Year 2017 Metropolitan Planning Grant to the City of Charlotte in August 2016. § The City of Charlotte has received this grant for many years as the lead planning agency for the Charlotte Regional Transportation Planning Organization and as the major fixed-route transit operator for the urban area. § The Charlotte Department of Transportation and CATS are responsible for the deliverables associated with this grant, including: - The federally compliant travel demand model required for transportation planning and air quality conformity, and - Updating the Transit Element of the Metropolitan Transportation Plan, developing transit travel demand forecasts, conducting ridership surveys and monitoring and updating the Transportation Improvement Program as necessary to advance projects and ensure compliance with federal regulations. § The total FTA planning budget for the City of Charlotte is $556,000, of which $444,800 (80%) consists of federal funds, $55,600 (10%) of state funds, and $55,600 (10%) of local funds. § The North Carolina Department of Transportation requires grant recipients to enter into a new Municipal Agreement to receive the annual allocation. § The Charlotte Department of Transportation will use these funds for travel demand modeling. Fiscal Note Funding: Federal and State Transportation Assistance Planning Grant and the Charlotte Department of Transportation Operating Budget Attachment Resolution FY17 Metropolitan Planning Program Grant Municipal Agreement Resolution City of Charlotte Page 23 Printed on 9/22/2016 City Council Business Meeting Meeting Agenda September 26, 2016 24. Municipal Agreement to Widen Lakeview Road Action: A. Adopt a resolution to authorize the City Manager to execute a Municipal Agreement with the North Carolina Department of Transportation and accept $9,000,000 in Bonus Allocation funding for improvements along Lakeview Road in association with North Carolina Department of Transportation Lakeview Direct Connect Interchange project, and B. Adopt a budget ordinance appropriating $9,000,000 in North Carolina Department of Transportation funds. Staff Resource(s): Norm Steinman, Transportation Johanna Quinn, Transportation Explanation § The state of North Carolina provides Bonus Allocation funds for projects in counties that implement high-occupancy managed lane projects. The Strategic Transportation Investments (STI) legislation contains incentives for local funds contributions and the acceptance of managed lanes projects, in order to reduce the cost of a project to NCDOT. - The incentives are referred to as Bonus Allocations and are distributed off the top of the State’s Transportation Program, thus not affecting expected funding distributions that a region or NCDOT Division would normally receive. - These funds are allocated directly to MPOs that have accepted managed lanes projects, and these funds do not require a local match. § The CRTPO selected the projects in 2014 and 2015 through a competitive process. § There are two projects in Charlotte: Lakeview Road Direct Connect Interchange and the Lakeview Road Widening projects. - The North Carolina Department of Transportation (NCDOT) will construct an interchange at Lakeview Road with direct connections to the I-77 Managed Lanes. § The new interchange will replace the existing grade separated bridge and will include ramps that connect directly with the I-77 Managed Lanes. The direct connect interchange will be constructed in conjunction with NCDOT’s I-77 Managed Lanes project. - The Lakeview Road Widening project, funded at $9,000,000, will be managed by the City. This project will focus on increasing vehicular capacity at key intersections along Lakeview Road to facilitate movement to and from the Lakeview Direct Connect Interchange. The project limits are from I-77 east to approximately Old Statesville Road. § The Lakeview Road Widening construction is expected to begin in 2020. Fiscal Note Funding: North Carolina Department of Transportation Bonus Allocation Attachment Map Budget Ordinance Resolution Lakeview Rd Project CDOT ord 9-26-16 NCDOT Contribution RESOLUTION for Lakeview Widening MA City of Charlotte Page 24 Printed on 9/22/2016 City Council Business Meeting Meeting Agenda September 26, 2016 25. Intelligent Transportation Systems Project Action: Award a contract in the amount of $1,528,198.89 to the lowest responsive bidder Whiting Construction Co., Inc. for the Intelligent Transportation Systems Project. Staff Resource(s): Ashley Boenisch, Transportation Explanation § The Intelligent Transportation Systems (ITS) project is part of the implementation of the Intelligent Transportation System Master Plan described in the Transportation Action Plan. § Traffic signals and traffic management cameras are major components of an Intelligent Transportation System and connecting them with fiber optic cable provides the ability to monitor and remotely adjust traffic signals to improve traffic flow. § The ITS project extends communications from Dalton Avenue into the Uptown area and includes: - Installation of approximately 8.28 miles of fiber optic cable, - Connections to 50 existing traffic signals, and - 12 traffic management cameras. § On August 5, 2016, the City issued an Invitation to Bid; two bids were received from interested service providers. - In accordance with the North Carolina General Statute 143-132, if three bids are not received from reputable and qualified contractors, then the project must be re-advertised. - On August 30, 2016, the City re-advertised the Invitation to Bid; three bids were received from interested service providers. § Whiting Construction Co., Inc. was selected as the lowest responsive, responsible bidder. § The anticipated completion date is the fourth quarter of 2017. Charlotte Business INClusion Established SBE Subcontracting goal: 7.00% Committed SBE Subcontracting goal: 7.15% Whiting Construction Co. met the established subcontracting goal, and has committed 7.15% ($109,266.22) of the base bid amount to the following certified firms (Part B: Section 3 of the Charlotte Business INClusion Policy): · MH Graves Construction, (SBE) ($109,266.22) (concrete work, underground utility work) Fiscal Note Funding: General Transportation Community Investment Plan Attachment Map IntelligentTransportationSystemsProjects_Area1 City of Charlotte Page 25 Printed on 9/22/2016 City Council Business Meeting Meeting Agenda September 26, 2016 26. Traffic Signal Communication Infrastructure Action: Award a contract in the amount of $188,922 to the lowest responsive bidder Whiting Construction Co., Inc. for traffic signal construction activities. Staff Resource(s): Jimmy Rhyne, Transportation Explanation § The contract with Whiting Construction Co., Inc. is for miscellaneous traffic signal communications infrastructure construction, including boring conduits under roadways, installing poles, and anchors. - A contractor performs this type of work because the City does not have the specialized equipment. § On August 3, 2016, the City issued an Invitation to Bid; four bids were received from interested service providers. § Whiting Construction Company, Inc. was selected as the lowest responsive, responsible bidder. § The contracted services will be used on an as-needed basis. Charlotte Business INClusion Construction contracts estimated to be less than $300,000 are informal and are exempt from the goal setting process (Part A: Section 3.1 of the Charlotte Business INClusion Policy). Fiscal Note Funding: General Transportation Community Investment Plan City of Charlotte Page 26 Printed on 9/22/2016 City Council Business Meeting Meeting Agenda September 26, 2016 27. Specialized Roadway Construction Services Action: A. Award a contract in an amount not-to-exceed $4,852,550 to the lowest responsive bidder Zoladz Construction Co., Inc. for Specialized Roadway Construction Services (Fiscal Year 2017 C), B. Award a contract in an amount not-to-exceed $500,000 to the lowest responsive bidder B & N Grading., Inc. for Specialized Roadway Construction Services (Fiscal Year 2017 D), C. Award a contract in an amount not-to-exceed $2,272,137.50 to the lowest responsive bidder Red Clay Industries Inc. for Specialized Roadway Construction Services (Fiscal Year 2017 E), and D. 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 these contracts is to provide specialized roadway construction services on an as-needed basis for roadway needs that may require additional resources from a contractor. The Fiscal Year 2017 C-E reference is for recordkeeping purposes only. § 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 total amount bid is based on the sum of total unit prices competitively bid for items typically used during construction for the services listed above. § Work will be funded from various project budgets. Action A § On August 2, 2016, the City issued an Invitation to Bid for Specialized Roadway Construction Services Fiscal Year 2017 C; four bids were received from interested service providers. § Zoladz Construction Co., Inc. was selected as the lowest responsive, responsible bidder. Action B § On August 9, 2016, the City issued an Invitation to Bid for Specialized Roadway Construction Services Fiscal Year 2017 D; five bids were received from interested service providers. § B & N Grading, Inc. was selected as the lowest responsive, responsible bidder. Action C § On August 11, 2016, the City issued an Invitation to Bid for Specialized Roadway Construction Services Fiscal Year 2017 E; five bids were received from interested service providers. City of Charlotte Page 27 Printed on 9/22/2016 City Council Business Meeting Meeting Agenda September 26, 2016 § Red Clay Industries, Inc. was selected as the lowest responsive, responsible bidder. Charlotte Business INClusion Action A Established MSBE Goal: 18.00% Committed MSBE Goal: 18.00% Zoladz Construction Co., Inc. has identified MSBEs on its project team, and for each work order issued, committed 18% of the total contract amount to the following certified firms: · Pavers, Walls and Stamped Concrete, LLC (SBE, MBE) (concrete) · Trull Contracting, LLC (SBE, WBE) (asphalt) Action B Established MSBE Goal: 12.00% Committed MSBE Goal: 12.00% B & N Grading, Inc. has identified MSBEs on its project team, and for each work order issued, committed 12% of the total contract amount to the following certified firms: · Jones Grading & Fencing, Inc. (SBE, MBE) (hauling, fence and grading) · L. Carranza Dumptruck Service Company (SBE) (hauling) · R.R.C. Concrete Inc (SBE) (concrete) B & N Grading, Inc. is a City (SBE) Action C Established MSBE Goal: 18.00% Committed MSBE Goal: 18.00% Red Clay Industries Inc. has identified MSBEs on its project team, and for each work order issued, committed 18% of the total contract amount to the following certified firms: · B & B Concrete Construction of Charlotte, Inc. (SBE) (site concrete) · Express Logistics Services, Inc. (SBE, MBE) (trucking) · Harvest Environmental Services, Inc. (SBE) (storm drainage) Fiscal Note Funding: Transportation Community Investment Plan City of Charlotte Page 28 Printed on 9/22/2016 City Council Business Meeting Meeting Agenda September 26, 2016 28. Storm Water Incidental Water Quality Services Action: A. Award a contract in an amount not to exceed $1,325,645.82 to the lowest responsive bidder Onsite Development, LLC for the Storm Water Incidental Water Quality Services Fiscal Year 2017 project, 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. Body Staff Resource(s): Marc Recktenwald, Engineering & Property Management Explanation § The Storm Water Incidental Water Quality Services contract will be used to address maintenance and repair needs of water quality enhancement projects. § The total contract amount is based on the sum of total unit prices competitively bid for items typically used during construction of stream restoration, pond retrofits, and other stormwater control measures. § On July 29, 2016, the City issued an Invitation to Bid; three bids were received from interested service providers. § Onsite Development, LLC was selected as the lowest responsive, responsible bidder. Charlotte Business INClusion Established MSBE Goal: 16.00% Committed MSBE Goal: 16.02% Onsite Development, LLC has identified MSBEs on its project team, and for each work order issued, committed 16.2% of the total contract amount to the following certified firms: · Axiom Foundations, LLC (SBE) (foundation protection) · B & N Grading, Inc. (SBE) (paving) · JV Trucking, LLC (SBE) (hauling) · L. Carranza Dumptruck Service Company (SBE) (hauling) · Landmark Materials, LLC (SBE, MBE) (hauling) · MTS Trucking Inc. (SBE, MBE) (hauling) · On Time Construction, Inc. (SBE, MBE) (masonry) · R.R.C. Concrete Inc (SBE) (concrete) · Streeter Trucking Company, Inc. (SBE, MBE) (hauling) Fiscal Note Funding: Storm Water Operating Budget City of Charlotte Page 29 Printed on 9/22/2016 City Council Business Meeting Meeting Agenda September 26, 2016 29. Airport Centralized Receiving and Distribution Center Action: A. Approve contract in the amount of $360,150 to LS3P Associates, LTD for project planning and scope services for a centralized receiving and distribution center, and B. Adopt a budget ordinance appropriating $360,150 from the 2016 Bond Anticipation Notes Proceeds to the Aviation Community Investment Plan Fund. Staff Resource(s): Jack Christine, Aviation Explanation § Aviation’s concession tenants provide food, beverage, and retail concessions to passengers in the Terminal building. § These concessionaires currently use one loading dock and basement storage facilities in the Terminal building. § As passenger numbers continue to grow, the volume of deliveries and demand for storage space exceeds current capacity. § The contract with LS3P Associates, LTD will provide planning and project scope services for a centralized receiving and distribution center located on the Air Cargo Center on the south side of the Airport. § On June 14, 2016, the City issued a Request for Qualifications for the centralized receiving and distribution center design services; three firms submitted a proposal. § Aviation staff evaluated the proposals and selected LS3P Associates, LTD based on its extensive experience in distribution centers of this type, particularly as it relates to large hub airports. 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 Community Investment Plan Initial project funding is 2016 Bond Anticipation Notes. Aviation anticipates the ultimate funding sources will be a combination of Passenger Facility Charges Funds and General Airport Revenue Bonds. Attachment Budget Ordinance Airport ORD092616 - Centralized Receiving and Distribution Center Professional Services City of Charlotte Page 30 Printed on 9/22/2016 City Council Business Meeting Meeting Agenda September 26, 2016 30. Airport Long Term Parking Lots 1 and 2 Shuttle Lane Repair Action: Award a contract in the amount of $351,125.25 to the lowest responsive bidder, The Lane Construction Corporation for the long-term parking lot reclamation project. Staff Resource(s): Jack Christine, Aviation Explanation § The Aviation Department provides approximately 10,000 long-term public parking spaces and associated shuttle bus transportation to the Terminal. § The pavement in the shuttle bus lanes is deteriorated in Long Term Parking Lots 1 and 2. § The project will rehabilitate the deteriorated pavement in the bus lanes by milling the existing pavement and adding a new layer of pavement. § On August 11, 2016, the City issued an Invitation to Bid for Long Term Parking Lots 1 and 2 Shuttle Lanes; four bids were received from interested service providers. § The Lane Construction Corporation was selected as the lowest responsive, responsible bidder. § The project is anticipated to be complete by third quarter of fiscal year 2017. Charlotte Business INClusion Established SBE Goal: 7.00% Committed SBE Goal: 7.55% The Lane Construction Company exceeded the established subcontracting goal, and has committed 7.55% ($26,500) of the total contract amount to the following certified firm (Part B: Section 3 of the Charlotte Business INClusion Policy): · Silverback Brothers (SBE, MBE) ($26,500) (hauling) Fiscal Note Funding: Aviation Community Investment Plan City of Charlotte Page 31 Printed on 9/22/2016 City Council Business Meeting Meeting Agenda September 26, 2016 31. Airport Terminal Lobby Expansion Phase I Action: A. Approve a contract in the amount of $4,962,659 with GS&P/NC, P.C. for programming and design services for the Terminal Lobby Expansion, and B. Adopt a budget ordinance appropriating $4,962,659 from 2016 Bond Anticipation Notes Proceeds to the Aviation Community Investment Plan Fund. Staff Resource(s): Jack Christine, Aviation Explanation § Over the last 10 years, local passenger traffic has increased 41%, resulting in increased demand on the Terminal lobby, baggage claim, and security checkpoints. § Aviation’s Community Investment Plan includes an expansion of the Terminal lobby and baggage claim to accommodate current and future demand. § In Phase I, GS&P/NC, P.C. will provide planning, programming, scoping services, and will provide Aviation a final cost of the project. § Future Phase II will include complete design and construction administration services, and is anticipated to begin in spring 2017, at which that time staff will seek City Council consideration to award the contract. § On March 31, 2016, the City issued a Request for Qualifications for the Terminal Lobby Expansion design services; seven firms responded with a proposal. § A selection committee comprised of Aviation staff and a member of the Charlotte Regional Visitors Authority selected GS&P/NC, P.C for Phase I and II, based on its extensive aviation experience, particularly as it relates to large hub airports with projects of this magnitude. 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). GS&P/NC, P.C. has committed 13.59% ($674,401.28) of the total contract amount to the following certified firms: · DAS Architecture, Inc (SBE) ($520,565) (architecture) · Laurene, Rickher and Sorrell, PC (SBE) ($153,826.28) (structural engineering) Fiscal Note Funding: Aviation Community Investment Plan Initial project funding is 2016 Bond Anticipation Notes. Aviation anticipates the ultimate funding sources will be a combination of Passenger Facility Charges funds and General Airport Revenue Bonds. Attachment Budget Ordinance Airport ORD092616 - Terminal Lobby Expansion Phase I City of Charlotte Page 32 Printed on 9/22/2016 City Council Business Meeting Meeting Agenda September 26, 2016 32. Blue Line Extension Landscape Installation Contracts Action: Award the contracts to the lowest responsive bidder, Champion Landscapes, Inc. for Landscape Installation as part of the Blue Line Extension project: - $384,947 for Segment B, - $485,280 for Segment C, and - $183,320 for Old Concord Road Park and Ride Lot. Staff Resource(s): Jill Brim, CATS Kourtnie Vincent, Engineering & Property Management Explanation § These contracts provide landscape installation services and warranty of the plant material in Segments B and C along North Tryon Street and for the Old Concord Road Park and Ride lot as part of the LYNX Blue Line Extension light rail project. § Work on Segment B will consist of two phases. - Phase I will include planting street trees in planting strips on North Tryon Street from Old Concord Road to University City Boulevard, as well as on other public streets throughout the corridor from November 2016 to January 2017. - Phase 2 will include planting of shrubs, groundcover, perennials, ornamental grasses, and bulbs in medians on North Tryon Street from Old Concord Road to University City Boulevard from October 2017 through December 2017. § Work on Segment C will consist of two phases. - Phase I will include planting street trees in planting strips on North Tryon Street from University City Boulevard to Barton Creek Drive, as well as on other public streets throughout the corridor from November 2016 to January 2017. - Phase 2 will include planting of shrubs, groundcover, perennials, ornamental grasses and bulbs in medians on North Tryon Street from University City Boulevard to Barton Creek Drive from October 2017 through December 2017. § Work on Old Concord Road Park and Ride for the BLE project includes: - Installing trees, shrubs, grass, a groundcover, and - Planting perennials and bulbs. § Due to the quantity of plant material required, previous contracts were approved for plant growing services to ensure that an adequate number of plants were available for the BLE project. These plant growing contracts were approved on July 15, 2015. These plants will be provided to the installation contractors. § On August 15, 2016, the City issued Invitations to Bid (ITBs) for landscape installation services for Segment B, Segment C, and Old Concord Road Park and Ride. In response to the ITBs, the City received three bids per contract from interested service providers. § Champion Landscapes, Inc. was selected as the lowest responsive, responsible bidder. § These contracts are anticipated to be complete by winter 2017. § Staff anticipates bidding and awarding additional contracts in fall 2016 for other areas of the Blue Line Extension project, including parking garages, platform trees, and the North Yard Building. Disadvantage Business Enterprise DBE participation goal was set for this contract pursuant to the City’s federally required and approved DBE program. Established DBE goal: 5.2% Committed DBE goal are as follows: City of Charlotte Page 33 Printed on 9/22/2016 City Council Business Meeting Meeting Agenda September 26, 2016 Segment B Champion Landscapes, Inc. has committed 10.1% ($38,770) of the total contract amount for Segment B in the following certified DBE firms: Grants Creek Nursery Segment C Champion Landscapes, Inc. has committed 10.2% ($49,300) of the total contract amount for Segment C to the following certified DBE firms: Grants Creek Nursery Old Concord Road Park and Ride Lot Champion Landscapes, Inc. has committed 7.1% ($13,100) of the total contract amount for the Old Concord Rd Park and Ride Lot to the following certified DBE firms: Grants Creek Nursery Fiscal Note Funding: Transit Community Investment Plan City of Charlotte Page 34 Printed on 9/22/2016 City Council Business Meeting Meeting Agenda September 26, 2016 33. LYNX Blue Line Extension Maintenance Shops and Exhaust Fans Upfit Action: Award a contract in the amount of $2,665,999.60 to the lowest responsive bidder China Construction America of South Carolina, Inc. for the construction of the Maintenance Shops and Exhaust Fans Upfit project. Staff Resource(s): John Lewis, CATS Jill Brim, CATS Explanation § The Maintenance Shops and Exhaust Fans Upfit project includes modifications to the first and second floors of the CATS South Boulevard Light Rail Facility (SBLRF), located at 3200 South Boulevard. § On April 13, 2015, the City Council awarded a contract in the amount of $3,640,521.90 to BPM Construction, Inc. (BPM) for the South Boulevard Light Rail Facility (SBLRF) Upfit project. The Maintenance Shops and Exhaust Fans were contained within this scope of work. § The City terminated its contract with BPM for several performance issues, which are now being resolved through litigation. City Council was informed of the termination in the Council-Manager Memo dated February 17, 2016. § Performance issues with BPM included its failure to: - Initiate work in a timely manner, - Provide required submittals in a timely manner, - Provide appropriate staffing, and - Provide work in compliance with contract specifications. § In order to maintain the overall schedule of the Blue Line Extension (BLE), staff subdivided the original contract work into separate phases. The Maintenance Shops and Exhaust Fans Upfit is the second phase to be re-bid: - On July 1, 2016, the Engineering & Property Management Department formally advertised Invitations to Bid for the Maintenance Shops and Exhaust Fans Upfit project. - On July 12, 2016, a pre-bid conference was held on site to actively solicit participation and to familiarize potential bidders with the project. On August 25, 2016, three bids were received from interested service providers. China Construction America of South Carolina, Inc. was the lowest responsive, responsible bidder. - The upfit of this facility is critical to the operations and schedule for the Blue Line Extension project. § City Council awarded Phase I of the SBLRF project on June 13, 2016. § The City intends to advertise Phase III of the SBLRF project the first quarter of 2017, which includes completion of the electronics shop, turntable installation, and mezzanine extension. § The project is expected to be complete by second quarter of 2017. Disadvantaged Business Enterprise (DBE) DBE participation goal was set for this contract pursuant to the City’s federally required and approved DBE program. Established DBE Goal: 4.00% Committed DBE Goal: 4.00% China Construction met the established DBE subcontracting goal, and has committed 4.00% ($106,991) of the total contract amount, to the following certified firm: · Lewaro Interiors, DBE ($106,991)(demolition, construction services) Fiscal Note City of Charlotte Page 35 Printed on 9/22/2016 City Council Business Meeting Meeting Agenda September 26, 2016 Funding: CATS Community Investment Plan City of Charlotte Page 36 Printed on 9/22/2016 City Council Business Meeting Meeting Agenda September 26, 2016 34. Innovation & Technology Department Training Contract Amendment Action: A. Approve contract amendment #1 in the estimated amount of $125,000 with OneTeam Leadership, LLC for continued consulting services, and B. Authorize the City Manager to renew the contract for one additional, one-year term with possible price adjustments and to amend the contract consistent with the City’s business needs and the purpose for which the contract was approved. Staff Resource(s): Jeffrey Stovall, Innovation & Technology Austin Faulk, Innovation & Technology Explanation § The Innovation & Technology (I&T) Department is a new City department that was created by combining the Office of the Chief Information Officer and the Technology Management Division of Shared Services. The two entities had very different cultures and direction - one group was strategy focused while the other group concentrated on day-to-day operations and supporting customer needs. § These conflicting missions and work cultures limited the effectiveness of the new department to deliver efficient and effective services to the City organization. § Recognizing the need for outside assistance in creating a high performing unified department capable of meeting the City’s expanding needs for innovation and technology services, I&T talked with Human Resources Office of Organizational Development and Leadership about a strategic approach to developing a high performing organization. § I&T considered several different firms that specialize in these types of organizational transformation. § On September 14, 2015, I&T contracted with OneTeam Leadership, LLC (OneTeam) for $48,000 to provide organizational development and executive advisement services. - OneTeam has extensive experience working with information technology-related organizations and clients in delivering leadership and change management consultation services. - A waiver of solicitation was approved for these services. - This work resulted in a comprehensive strategic and cultural framework which provided I&T with a unified purpose and vision, and defined seven strategic pillars that are the key to operational success. § On June 13, 2016, I&T contracted with OneTeam for $50,000 to provide change management services and specific direction in developing I&T into a high performing organization including: - Relationship building exercises within the I&T executive team and among the I&T management teams; - Use tools like “The Workplace Big 5”, and various surveys including employees and stakeholders; - Succession planning sessions, including emphasis on developing employees for future I&T leadership roles; and - Facilitating the development of (one-year short-term and five-year plans) for the individual strategic pillars, defining priorities, objectives, challenges, and opportunities for each area. § Contract amendment # 1 in the amount of $125,000 will allow I&T to leverage the work completed over the last year. - Develop Communications Plans to cascade the I&T new culture and vision to all I&T staff, not just management. - Provide facilitation for training sessions to operationalize the strategic framework for all I&T City of Charlotte Page 37 Printed on 9/22/2016 City Council Business Meeting Meeting Agenda September 26, 2016 employees (138 FTEs) including; § Seven sessions across six and a half days to the (40+) I&T Managers and quarterly planning and strategy meetings with the Leadership Team focused on: · Performance/Execution; · Self-Leadership/Awareness; · Character/Competence/Communication; and · Accountability/Alignment - Design and implement a sustainable model for an I&T Leadership Academy to ensure that strategic and cultural changes will be engrained within the organization as standard practices · The purpose of the Academy is to develop second and third level, and other emerging leaders (50+ FTEs) in I&T through leadership training, opportunities for personal growth and development opportunities, and other activities for team building like “DISC” and 360 feedback. § The total estimated expenditure of this contract is $125,000. § The new total value of the contract is estimated at $223,000. Fiscal Note Funding: Innovation & Technology Operating Budget 35. Mail Remittance Depository Services Action: Authorize the City Manager to designate Branch Banking & Trust as the City’s official depository. Staff Resource(s): Susan Walker, Management & Financial Services Explanation § On July 25, 2016, the City Council approved the City Manager to negotiate a contract with Branch Banking & Trust (BB&T) for mail remittance services. - BB&T will provide payment processing, depositing, image archival, a client dashboard for exceptions, and reporting and courier services, including all personnel, equipment, facility space, and transportation for pickup and delivery. - Staff anticipates renewing the contract for up to two additional, one-year terms. § During contract negotiations, it was determined that BB&T required a bank account in the City’s name to be established for deposit of the mailed payments. § Pursuant to North Carolina General Statute 159-31(a), City Council approval is required for the designation of an official depository. § There are no additional costs associated with this action. § The company will be paid the unit prices set forth in the contract, a copy of which is available upon request. § Estimated contract expenditures are $220,000 annually. Charlotte Business INClusion No subcontracting goal was established on this contract because there are no opportunities (Part D: Section 6 of the Charlotte Business INClusion Policy). Fiscal Note Funding: Management & Financial Services Operating Budget City of Charlotte Page 38 Printed on 9/22/2016 City Council Business Meeting Meeting Agenda September 26, 2016 36. 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 $1,542.55, and B. Adopt a resolution authorizing the refund of business privilege license payments in the amount of $43.75. 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 of Charlotte 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, 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 September 12, 2016, totaled $1,421.61. Attachment Taxpayers and Refunds Requested Business Privilege License Refunds Requested Resolution Property Tax Refunds Resolution Business Privilege License Refunds Taxpayers and Refunds Requested Business Privilege License Refunds Requested Resolution Resolution Bus City of Charlotte Page 39 Printed on 9/22/2016 City Council Business Meeting Meeting Agenda September 26, 2016 PROPERTY TRANSACTIONS 37. Sale of City Property: 8500 Idlewild Road Action: A. Adopt a resolution proposing to accept the offer in the amount of $9,000 from Jose P. Sanchez to purchase 0.46 acres of vacant land at 8500 Idlewild Road (parcel identification number 165-101-03), and B. Authorize the advertisement of the proposed sale for upset bids in accordance with the resolution and authorize the City Manager to execute all documents necessary to complete the sale of the property in accordance with the resolution. Staff Resource(s): Tony Korolos, Engineering & Property Management Explanation § The residential (R-4) zoned parcel, located near the corner of Idlewild Road and Cresthill Drive, was acquired in 2012 as part of the Idlewild Road Widening project. - A house was previously on the parcel but has since been demolished due to the proximity of the new roadway alignment. - The remaining lot is now being sold, since there are no other City needs for the parcel. § An appraisal of the property established a fair market value of $11,000. § The property is not suitable for affordable housing due to a 27-foot storm drainage easement located on the property. § On August 22, 2016, Jose Sanchez presented an initial offer, and if approved, will be advertised for upset bid based on the following terms: - Purchase price of $9,000, - Earnest money deposit of $450, - Due Diligence period of 10 days, and - Closing within 21 days after expiration of the due diligence period. § Staff recommends accepting the offer to purchase because the City has received no interest in this property since it was initially listed approximately 12 months ago. Fiscal Note Funding: Proceeds from the sale will be deposited into the City’s General Fund. Attachment Map Plat Resolution Location Map - Sale of City Property 8500 Idlewild Road 8500 Idlewild Rd Plat 9.17.15 Resolution for 8500 Idlewild Road.pdf City of Charlotte Page 40 Printed on 9/22/2016 City Council Business Meeting Meeting Agenda September 26, 2016 38. Exchange of Right-of-Way along the LYNX Light Rail Corridor -Atherton Mill LLC Action: A. Adopt a resolution authorizing an exchange of right-of-way between the City of Charlotte and Atherton Mill (E&A) LLC or its successors and assigns (Property Owner) involving parcel tax identification #12103109, and B. Authorize the City Manager to execute all necessary documents to complete the exchange of right-of-way between the City of Charlotte and Property Owner. Staff Resource(s): Tina Votaw, CATS Tim O’Brien, Engineering & Property Management Explanation § The Property Owner proposes to redevelop portions of the existing Atherton Mill Shopping Center. § The City previously used a portion of the Shopping Center property to operate trolley service within the South End District but terminated trolley service prior to the opening of light rail in 2007. Most of the trolley improvements have remained in place but unused since light rail service began. The proposed redevelopment of the Shopping Center will include design and construction of the City’s Rail Trail and the new Trail will largely follow the alignment of where the old trolley tracks have remained over the years. § Staff recommends adjusting and clarifying the property lines at this time as part of the redevelopment of the Shopping Center. § The Property Owner will exchange property rights with the City for full and fair consideration as required by law. Fair consideration can be any combination of cash, real, or personal property and other benefits. § The exchange is recommended for the following reasons: - The Property Owner will convey approximately 29,000 square feet of property to the City where the light rail tracks exist. The Property Owner will be required to build and maintain a new section of Rail Trail between the existing Farmer’s Market and Tremont Avenue. The property, Rail Trail improvements and maintenance obligation have a combined value of approximately $432,000. - The City will convey approximately 30,000 square feet of excess right-of-way, valued at approximately $435,000. The Property Owner will be allowed to use the old “Tremont” trolley station as a community feature. The Property Owner will be required to maintain the station as well. - The slight variance between the dollar values is the result of the difference in the size of the parcels being exchanged and the cost of the rail trail. - The Property Owner and the City will also exchange Easement Agreements as needed to ensure mutual access and to memorialize maintenance responsibilities of the Rail Trail and the old trolley station. Background § The City Council-adopted Transit Station Area Plans define development standards for property adjacent to the rail corridor and envision that excess right-of-way will be incorporated into adjacent transit supportive development. Alternatively, the excess right of way may be retained by the City as buffer if needed. .Attachments Attachment Resolution City of Charlotte Page 41 Printed on 9/22/2016 City Council Business Meeting Meeting Agenda September 26, 2016 Council Resolution.doc City of Charlotte Page 42 Printed on 9/22/2016 City Council Business Meeting Meeting Agenda September 26, 2016 39. Airport Property Transactions - Lot on Snow Ridge Lane Action: Approve the following transaction. Project: Airport Environmental Impact Statement Mitigation Land Owner(s): Hang Nhut Doan Property Address: Lot on Snow Ridge Lane Total Parcel Area: 12.418 acres Property to be acquired by Easements: N/A Structures/Improvements to be impacted: Vacant Land Landscaping to be impacted: Trees and shrubs Zoned: R-3 Use: Single-family Residential Tax Code: 141-112-99 Purchase Price: $185,000 and all relocation benefits in compliance with Federal, State or Local regulations Council District: N/A 40. Property Transactions - CityLYNX Gold Line Streetcar Phase 2, Parcel #54 Action: Approve the following Condemnation: CityLYNX Gold Line Streetcar Phase 2, Parcel #54 This property is acquired in accordance with Federal Guidelines 49 CFR Part 24 of the Uniform Acquisition and Relocation Act of 1970. Acquisition costs are eligible for Federal Transit Administration reimbursement. Project: CityLYNX Gold Line Streetcar Phase 2, Parcel #54 Owner(s): Mosaic Village Holdings, LLC Property Address: 1601-1635 West Trade Street Total Parcel Area: 59,028 sq. ft. (1.355 acres) Property to be acquired by Easements: 122.46 sq. ft. (.003 ac.) in Storm Drainage Easement, plus 13.58 sq. ft. in Utility Easement Structures/Improvements to be impacted: None Landscaping to be impacted: None Zoned: B-1 Use: Commercial Tax Code: 071-019-15 Appraised Value: $1,100 Outstanding Concerns: The property owner is currently reviewing the agreements. At this time, the property owner has not provided a counteroffer. 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: 2 City of Charlotte Page 43 Printed on 9/22/2016 City Council Business Meeting Meeting Agenda September 26, 2016 41. Property Transactions - CityLYNX Gold Line Streetcar Phase 2, Parcel #56 Action: Approve the following Condemnation: CityLYNX Gold Line Streetcar Phase 2, Parcel #56 This property is acquired in accordance with Federal Guidelines 49 CFR Part 24 of the Uniform Acquisition and Relocation Act of 1970. Acquisition costs are eligible for Federal Transit Administration reimbursement. Project: CityLYNX Gold Line Streetcar Phase 2, Parcel #56 Owner(s): West End Investments - Charlotte, LLC Property Address: 1545 West Trade Street Total Parcel Area: 40,743 sq. ft. (.935 ac.) Property to be acquired by Easements: 196.44 sq. ft. (.005 ac.) in Temporary Construction Easement, plus 127.86 sq. ft. (.003 ac.) in Utility Easement Structures/Improvements to be impacted: None Landscaping to be impacted: None Zoned: B-1 Use: Commercial Tax Code: 071-019-11 Appraised Value: $2,325 Outstanding Concerns: The property owner is currently reviewing the agreements. At this time, the property owner has not provided a counteroffer. 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: 2 City of Charlotte Page 44 Printed on 9/22/2016 City Council Business Meeting Meeting Agenda September 26, 2016 42. Property Transactions - CityLYNX Gold Line Streetcar Phase 2, Parcel #58 Action: Approve the following Condemnation: CityLYNX Gold Line Streetcar Phase 2, Parcel #58 This property is acquired in accordance with Federal Guidelines 49 CFR Part 24 of the Uniform Acquisition and Relocation Act of 1970. Acquisition costs are eligible for Federal Transit Administration reimbursement. Project: CityLYNX Gold Line Streetcar Phase 2, Parcel #58 Owner(s): West End Investments - Charlotte, LLC Property Address: 1527-1535 West Trade Street Total Parcel Area: 11,340 sq. ft. (.260 ac.) Property to be acquired by Easements: 254.38 sq. ft. (.006 ac.) in Temporary Construction Easement, plus 147.54 sq. ft. (.003 ac.) in Utility Easement Structures/Improvements to be impacted: None Landscaping to be impacted: None Zoned: B-1 Use: Commercial Tax Code: 071-019-07 Appraised Value: $2,100 Outstanding Concerns: The property owner is currently reviewing the agreements. At this time, the property owner has not provided a counteroffer. 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: 2 City of Charlotte Page 45 Printed on 9/22/2016 City Council Business Meeting Meeting Agenda September 26, 2016 43. Property Transactions - CityLYNX Gold Line Streetcar Phase 2, Parcels #63 and 65 and 67 Action: Approve the following Condemnation: CityLYNX Gold Line Streetcar Phase 2, Parcels #63 and 65 and 67 ` This property is acquired in accordance with Federal Guidelines 49 CFR Part 24 of the Uniform Acquisition and Relocation Act of 1970. Acquisition costs are eligible for Federal Transit Administration reimbursement. Project: CityLYNX Gold Line Streetcar Phase 2: Parcels 63, 65, and 67 Owner(s): TA&S Enterprise of NC, Inc. Property Address: 1512-1520 West Trade Street Total Parcel Area: 43,860 sq. ft. (1.007 arcres) Property to be acquired by Easements: 2,292.51 sq. ft. (.053 ac.) in Sidewalk and Utility Easement, plus 705.21 sq. ft. (.016 ac.) in Waterline Easement, plus 228.54 sq. ft. (.005 ac.) in Temporary Construction Easement, plus 153.86 sq. ft. (.004 ac.) in Utility Easement Structures/Improvements to be impacted: None Landscaping to be impacted: Trees Zoned: B-1 Use: Commercial Tax Code: 078-181-05, 078-181-06, 078-181-07 Appraised Value: $37,150 Property Owner’s Concerns: The property owners do not agree with the compensation amount. City’s Response to Property Owner’s Concerns: Staff informed the property owners that they can obtain their own appraisal and provide a counteroffer. 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: 2 City of Charlotte Page 46 Printed on 9/22/2016 City Council Business Meeting Meeting Agenda September 26, 2016 44. Property Transactions - CityLYNX Gold Line Streetcar Phase 2, Parcel #69 Action: Approve the following Condemnation: CityLYNX Gold Line Streetcar Phase 2, Parcel #69 This property is acquired in accordance with Federal Guidelines 49 CFR Part 24 of the Uniform Acquisition and Relocation Act of 1970. Acquisition costs are eligible for Federal Transit Administration reimbursement. Project: CityLYNX Gold Line Streetcar Phase 2, Parcel #69 Owner(s): 1500 West Trade, LLC Property Address: 1500 West Trade Street Total Parcel Area: 10,072 sq. ft. (.231 ac.) Property to be acquired by Easements: 760.42 sq. ft. (.017 ac.) in Waterline Easement Structures/Improvements to be impacted: None Landscaping to be impacted: None Zoned: B-1 Use: Commercial Tax Code: 078-181-08 Appraised Value: $4,850 Property Owner’s Concerns: The property owners do not agree with the compensation amount. City’s Response to Property Owner’s Concerns: Staff informed the property owners that they can obtain their own appraisal and provide a counter offer. 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: 2 City of Charlotte Page 47 Printed on 9/22/2016 City Council Business Meeting Meeting Agenda September 26, 2016 45. Property Transactions - CityLYNX Gold Line Streetcar Phase 2, Parcel #73 Action: Approve the following Condemnation: CityLYNX Gold Line Streetcar Phase 2, Parcel #73 This property is acquired in accordance with Federal Guidelines 49 CFR Part 24 of the Uniform Acquisition and Relocation Act of 1970. Acquisition costs are eligible for Federal Transit Administration reimbursement. Project: CityLYNX Gold Line Streetcar Phase 2, Parcel #73 Owner(s): South Central Oil Company Property Address: 1401 West Trade Street Total Parcel Area: 39,947 sq. ft. (.917 ac.) Property to be acquired by Easements: 1,045.59 sq. ft. (.024 ac.) in Sidewalk and Utility Easement, plus 1,248.6 sq. ft. (.029 ac.) in Temporary Construction Easement, plus 232.2 sq. ft. (.005 ac.) in Utility Easement Structures/Improvements to be impacted: None Landscaping to be impacted: None Zoned: MUDD Use: Commercial Tax Code: 071-016-14 Appraised Value: $14,700 Outstanding Concerns: The property owner has no concerns with the project. Per the lease with the tenant, the tenant must approve of the project. At this time, approval from the tenant has not been obtained. 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: 2 City of Charlotte Page 48 Printed on 9/22/2016 City Council Business Meeting Meeting Agenda September 26, 2016 REFERENCES City of Charlotte Page 49 Printed on 9/22/2016 City Council Business Meeting Meeting Agenda September 26, 2016 46. 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 50 Printed on 9/22/2016 City Council Business Meeting Meeting Agenda September 26, 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 51 Printed on 9/22/2016 City Council Business Meeting Meeting Agenda September 26, 2016 47. 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 52 Printed on 9/22/2016 City Council Business Meeting Meeting Agenda September 26, 2016 48. 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 53 Printed on 9/22/2016 City Council Business Meeting Meeting Agenda September 26, 2016 Adjournment City of Charlotte Page 54 Printed on 9/22/2016