City Council Business Meeting

City of Charlotte Charlotte-Mecklenburg Government Center 600 East 4th Street Charlotte, NC 28202 Meeting Agenda Monday, February 27, 2017 Council Chambers City Council Business Meeting Mayor Jennifer W. Roberts Mayor Pro Tem Vi Lyles Council Member Dimple Ajmera Council Member Al Austin 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 February 27, 2017 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. Follow-up from Council Discussion on City-owned Property and Affordable Housing Staff Resource(s): Kim Eagle, City Manager’s Office Gina Shell, Engineering & Property Management Pamela Wideman, Neighborhood & Business Services Time: 25 minutes Explanation § As a follow up to the February 13 Council Business meeting discussion related to the allocation of proceeds from the sale of City-owned property to the Housing Trust Fund, staff will provide a presentation on: - Status of proposed real estate portfolio management guidelines, - Review of the current policy for the allocation of land sale proceeds, and - An overview of affordable housing programs. 3. Blue Line Extension Update Staff Resource(s): John Lewis, CATS Jill Brim, CATS William Haas, Engineering & Property Management Time: 35 minutes Explanation The purpose of the presentation is to provide an update on the schedule and budget of the Blue Line Extension project and share information on upcoming City Council actions. City of Charlotte Page 2 Printed on 2/24/2017 City Council Business Meeting Meeting Agenda February 27, 2017 4. 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. 5. Closed Session Action: Adopt a motion to go into closed session pursuant to North Carolina General Statute 143-318.11(a)(3) to consult with attorneys employed or retained by the City in order to preserve the attorney-client privilege and to consider and give instructions to the attorneys concerning the handling or settlement of City of Charlotte v. Verint Americas Inc. - 16-CVS-14056. City of Charlotte Page 3 Printed on 2/24/2017 City Council Business Meeting Meeting Agenda February 27, 2017 Call to Order Roll Call Introductions Invocation Pledge of Allegiance City of Charlotte Page 4 Printed on 2/24/2017 City Council Business Meeting Meeting Agenda February 27, 2017 6. Consent agenda items 18 through 46 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 5 Printed on 2/24/2017 City Council Business Meeting Meeting Agenda February 27, 2017 6:30 P.M. CITIZENS' FORUM City of Charlotte Page 6 Printed on 2/24/2017 City Council Business Meeting Meeting Agenda February 27, 2017 PUBLIC HEARING City of Charlotte Page 7 Printed on 2/24/2017 City Council Business Meeting Meeting Agenda February 27, 2017 7. Public Hearing on a Resolution to Close an Unopened Alleyway Between E. 24th Street and E. 25th Street Action: A. Conduct a public hearing to close an unopened alleyway between E. 24th Street and E. 25th Street, and B. Adopt a resolution to close an unopened alleyway between E. 24th Street and E. 25th Street. Staff Resource(s): Jeff Boenisch, Transportation Explanation § North Carolina General Statute 160A-299 outlines the procedures for permanently closing streets and alleys. § The Charlotte Department of Transportation received a petition to abandon public right-of-way and requests this City Council action in accordance with the statute. § The action removes land from public right-of-way status and attaches it to the adjacent property. § The attached resolution refers to exhibits and metes and bounds descriptions that are available in the City Clerk’s Office. § The unopened alleyway between E. 24th Street and E. 25th Street is located in Council District 1. Petitioners Howard F. Starnes and Tom Burket with WP East Acquisitions, LLC. Right-of-Way to be Abandoned The unopened alleyway is located within a block bound by E. 24th Street, N. Brevard Street, E. 25th Street, and N. Davidson Street. Reason The petitioner is vested in all of the abutting property and intends to reassemble this land to include an unopened alleyway between E. 24th Street and E. 25th Street. The assembly of this land is consistent with rezoning petition #2016-005 for the Lofts at 25th and Brevard multi-family development, which was approved by City Council on February 15, 2016. Notification As part of the City’s notification process, and in compliance with North Carolina General Statute 160A-299, the Charlotte Department of Transportation submitted this abandonment petition for review by the public and City Departments. Adjoining property owner(s) - All abutting property is owned by the petitioner. Neighborhood/Business Association(s) Villa Heights Community Organization - Notified/no comments Private Utility Companies - No objections City Departments Review by City departments identified no apparent reason this closing would: § Be contrary to the public interest; § Deprive any individual(s) owning property in the vicinity of reasonable means of ingress and egress to his property as outlined in the statutes; and § Be contrary to the adopted policy to preserve existing rights-of-way for connectivity. City of Charlotte Page 8 Printed on 2/24/2017 City Council Business Meeting Meeting Agenda February 27, 2017 Council Map Alleyway between E. 25th and E. 24th Resolution to Close an unopened alleyway between E. 24th Street and E. 25th Street City of Charlotte Page 9 Printed on 2/24/2017 City Council Business Meeting Meeting Agenda February 27, 2017 POLICY City of Charlotte Page 10 Printed on 2/24/2017 City Council Business Meeting Meeting Agenda February 27, 2017 8. Transportation Action Plan Five-Year Update Action: Approve the Transportation & Planning Committee’s Recommendation to adopt the five-Year update of the Transportation Action Plan. Committee Chair: Vi Lyles, Transportation & Planning Staff Resource(s): Norm Steinman, Transportation Explanation § The Transportation Action Plan (TAP) is Charlotte’s long-range, comprehensive, multimodal transportation plan. § The TAP describes goals, policies, and objectives to achieve the City’s vision of becoming the premier city in the nation for integrating transportation and land use. The TAP was first adopted by City Council on May 22, 2006 and updated on August 22, 2011. § To help accommodate Charlotte’s growth and provide more transportation choices, the TAP describes eight categories of transportation investments, including maintenance, streets, signals, safety projects, pedestrian and bicycle projects, and advance planning activities. § In 2016, the Transportation & Planning Committee discussed the TAP at five of their meetings. Community Input § Since early 2016, staff has collected public comments at a number of events held throughout the City, including hosting a transportation fair; small pop-up meetings, joint workshops with the City’s Planning Department, presentations to the Charlotte Chamber’s Transportation Committee and Sustain Charlotte’s Transportation Choices Alliance, and community events such as Open Streets 704. § Staff gathered information from the City’s 2016 Transportation Survey and collected comments on the draft TAP using an online survey accessed through the City’s website. On January 23, 2017, City Council received a presentation from staff and public comments. Nine speakers spoke in support of the TAP, none opposed. Plan Recommendations § The 2016 TAP Update recommends investing $5.1 billion in the City’s transportation network over a 25-year period. This level of investment by the City is necessary to build, maintain, and operate a travel network with safe options for pedestrians, bicyclists, transit riders, and motorists. § Key investments recommended in the TAP include 100 multimodal arterial projects, 40 multimodal intersections, 250 miles of new sidewalks, 250 miles of new bicycle facilities, and 150 traffic-calming projects over the next 25 years. The TAP also recommends maintaining City streets at a 12-year resurfacing cycle. § The investments recommended in the TAP are expected to be applied in future Community Investment Plans. Transportation & Planning Committee Discussion § Throughout calendar year 2016, staff provided information about the TAP to the Transportation & Planning Committee. Numerous discussions took place involving goals, policies, and implementation strategies. § On February 13, 2017, staff presented information to the Transportation & Planning Committee about public comments and responded to key questions from City Council and the public that were raised at the January 23 Citizens’ Forum. The Committee voted unanimously (Lyles, Ajmera, Kinsey, Phipps, and Smith) to recommend the TAP to the full City Council for adoption. City of Charlotte Page 11 Printed on 2/24/2017 City Council Business Meeting Meeting Agenda February 27, 2017 9. Charlotte WALKS Pedestrian Plan Action: Approve the Transportation & Planning Committee’s recommendation to adopt the Charlotte WALKS Pedestrian Plan. Committee Chair: Vi Lyles, Transportation & Planning Staff Resource(s): Scott Curry, Transportation Explanation Explanation § Charlotte WALKS is Charlotte’s first comprehensive pedestrian plan. The plan brings together a number of existing walkability initiatives and identifies new strategies for meeting the pedestrian safety and walkability goals described in the Transportation Action Plan (TAP). § Charlotte WALKS will become the guiding document for the City’s ongoing efforts related to walkability. § In 2016, the Transportation & Planning Committee discussed Charlotte WALKS at three of their meetings. Community Input § Since February 2015, City staff has held 30 public input events attended by over 1,000 people. § Public input events were held throughout the City and included large transportation fairs, small pop-up meetings, walking tours, and sessions targeted specifically toward youth and seniors. § Staff collected comments on the draft Charlotte WALKS Pedestrian Plan using an online survey and through joint workshops with the Charlotte-Mecklenburg Planning Department. § On January 23, 2017, City Council received a presentation from staff and public comments at a Citizens’ Forum. 13 speakers spoke in support of Charlotte WALKS, one opposed. Plan Recommendations § Charlotte WALKS includes specific action items, ranging from future capital investments and suggested policy changes, to potential amendments to the City’s development ordinances. § The action items are grouped into three chapters: Safe, Useful, and Inviting. These chapters correspond to the results of the public input for Charlotte WALKS. § Charlotte WALKS includes three high-priority action items: - Back-of-curb sidewalks on thoroughfares (i.e. increasing buffer space between pedestrians and fast moving traffic); - Filling gaps in the sidewalk network; and - Installing more pedestrian crossings (especially on busy, high-speed thoroughfares). Transportation & Planning Committee Discussion § Throughout calendar year 2016, staff provided information about Charlotte WALKS to the Transportation & Planning Committee. Numerous discussions took place involving goals, policies, and implementation strategies. § On February 13, 2017, staff presented information to the Transportation & Planning Committee about public comments and responded to key questions received from City Council and the public that were raised at the January 23 Citizens’ Forum. The Committee voted unanimously (Lyles, Ajmera, Kinsey, Phipps, and Smith) to recommend Charlotte WALKS to the full City Council for adoption. City of Charlotte Page 12 Printed on 2/24/2017 City Council Business Meeting Meeting Agenda February 27, 2017 9b. Amend Charlotte Business INClusion Advisory Committee Membership Description Action: Approve the Economic Development Committee recommendation to amend the Charlotte Business INClusion Advisory Committee description as follows: Limit the representation of committee members registered to vote outside of Mecklenburg County to no more than three. Committee Chair: James Mitchell Staff Resource(s): Randy Harrington, Management & Financial Services Nancy Rosado, Management & Financial Services Explanation § The purpose of this recommended amendment is to clarify CBI Advisory Committee membership representation outside of Mecklenburg County. § The Charlotte Business INClusion (CBI) Policy promotes diversity, inclusion and local business opportunities in the City’s contracting and procurement process for Minority, Women, Small Business Enterprises (MWSBEs) located in the Charlotte Combined Statistical Area (13 counties). § CBI Advisory Committee membership consists of: - Three Mayoral appointments representing: prime construction company; professional services company; and Charlotte Chamber of Commerce. - 12 Council appointments: two at-large appointments; two prime construction companies; and one representative from each of the following organizations: Carolinas Asian-American Chamber of Commerce; Carolinas Association of General Contractors; Charlotte Mecklenburg Black Chamber of Commerce; Hispanic Contractors Association of the Carolinas; Latin American Chamber of Commerce; Metrolina Minority Contractors Association; Metrolina Native-American Association; National Association of Women Business Owners. § Given the 13-county geography of the CBI program, the Advisory Committee membership was envisioned to allow for membership from outside Mecklenburg County. § During the February 13, 2017 Council Meeting, Council nominated nine individuals, which included two individuals from outside Mecklenburg County. Committee Discussion § On February 23, 2017 the Economic Development (ED) Committee unanimously voted (Ajmera, Driggs, Eiselt, Mayfield, and Mitchell) to recommend to the full Council to limit the representation of CBI Advisory Committee members registered to vote outside of Mecklenburg County to no more than three members. § The interest for the amendment was to establish an Advisory Committee composition that reflected a City of Charlotte/Mecklenburg County concentration while also recognizing the regional scope of the CBI program. ED 2-23-17 Mtg CBIAC Regional FINAL [Read-Only] [Compatibility Mode] 10. City Manager’s Report City of Charlotte Page 13 Printed on 2/24/2017 City Council Business Meeting Meeting Agenda February 27, 2017 BUSINESS 11. NC Clean Water State Revolving Fund Application Action: A. Adopt a resolution authorizing Charlotte Water to apply for a Clean Water State Revolving Fund loan in an amount not to exceed $76,460,000, B. Authorize the City Manager to take necessary actions to accept and complete the financing, including making application to the State of North Carolina Department of Environmental Quality and obtaining Local Government Commission approval, and C. Adopt a budget ordinance appropriating $76,460,000 from Clean Water State Revolving Fund. Staff Resource(s): Barry Gullet, Charlotte Water Scott Greer, Management & Financial Services Explanation § Charlotte Water desires to apply for a Clean Water State Revolving Fund loan for the construction of the McAlpine Creek Wastewater Management Facility Clarifier and Aeration Rehabilitation Project. § The North Carolina Clean Water State Revolving Fund loan program offers interest free loans (0%) for projects that demonstrate a significant energy savings and low interest loans (1.9%) for other projects. A portion of this project includes aeration basin improvements that are expected to qualify for the 0% loan program and the remaining portion will qualify for the low interest rate (1.9%). § Funding for this project is currently included in the Charlotte Water Community Investment Plan; however, if selected for the loan program, the City will realize an estimated savings of approximately $12 million over the 20-year term, compared to traditional financing. § The loan provides for an interest free construction period with payments beginning after completion of the project. § The loan is available from a fund established by the state and administered by the Department of Environmental Quality (formerly the Department of Natural Resources (DENR)) and the Local Government Commission. § On December 12, 2016, City Council approved a contract with Black & Veatch International Company for Owner’s Representative Services on this Design-Build Project. A design-build team will be solicited and selected in 2017. § Contingent upon approval of the loan, Charlotte Water anticipates returning to City Council in the fall of 2017 to seek approval to award the construction contract. Fiscal Note Funding: Charlotte Water Debt Service Fund McAlpine Creek WWTP Map Ordinance-CARP 2.0 Resolution City of Charlotte Page 14 Printed on 2/24/2017 City Council Business Meeting Meeting Agenda February 27, 2017 12. Appointments to the Business Advisory Committee Action: Vote on blue ballots and return to Clerk at dinner. Staff Resource(s): Stephanie Kelly, City Clerk’s Office Explanation § One appointment for a partial term beginning immediately and ending April 28, 2017, then followed by a full three-year term until April 27, 2020. § One appointment for a partial term beginning immediately and ending April 28, 2018. § One appointment for a partial term beginning immediately and ending April 28, 2019. - Romante Archer, by Council members Kinsey and Mitchell - Matthew DeBoer, by Council members Eiselt and Lyles - Daniel Freeman, by Council members Driggs and Mitchell - Rachel Geathers, by Council members Austin and Mayfield - Rocio Gonzalez-Zornosa, by Council members Ajmera, Austin, Eiselt, Lyles, and Mayfield - Daniel Herrera, by Council members Fallon and Smith - Johnell Holman, by Council members Ajmera and Driggs - Monique Horace, by Council members Austin, Eiselt, Lyles, and Mitchell 13. Appointments to the Charlotte Business Inclusion (CBI) Advisory Committee Action: Vote on blue ballots and return to Clerk at dinner. Staff Resource(s): Stephanie Kelly, City Clerk’s Office Explanation § One recommendation by the Carolinas Asian-American Chamber of Commerce for a term beginning March 1, 2017 and ending February 28, 2018. - The Carolinas Asian-American Chamber of Commerce has recommended Parth Gandhi and Shobha Rajpal. Please select one of these recommendations for this category. - Parth Gandhi, by Council members Ajmera, Driggs, Mitchell, and Phipps - Shobha Rajpal, by Council members Austin, Eiselt, Fallon, Lyles, and Mayfield § One At-Large appointment for a term beginning March 1, 2017 and ending February 28, 2018. § One At-Large appointment for a term beginning March 1, 2017 and ending February 28, 2020. - Steven Bimbo, by Council members Austin, Driggs, Eiselt, Kinsey, and Lyles - Edison Cassels, by Council members Eiselt and Lyles City of Charlotte Page 15 Printed on 2/24/2017 City Council Business Meeting Meeting Agenda February 27, 2017 14. Appointments to the Charlotte Mecklenburg Public Access Corporation Action: Vote on blue ballots and return to Clerk at dinner. Staff Resource(s): Stephanie Kelly, City Clerk’s Office Explanation § One appointment for a term beginning immediately and ending July 1, 2019. - Matthew DeBoer, by Council members Driggs and Kinsey - Mark Donald, by Council members Austin, Eiselt, Lyles, Mitchell, and Phipps - Eric Seckinger, by Council members Driggs and Kinsey 15. Appointments to Keep Charlotte Beautiful Action: Vote on blue ballots and return to Clerk at dinner. Staff Resource(s): Stephanie Kelly, City Clerk’s Office Explanation § One appointment for a partial term beginning immediately and ending June 30, 2018. § One appointment for a partial term beginning immediately and ending June 30, 2019. § One appointment for a partial term beginning immediately and ending June 30, 2017, then followed by a full three-year term from July 1, 2017 until June 30, 2020. - Brenda Adams, by Council members Ajmera and Phipps - Marika Christie, by Council members Lyles and Mitchell - Jena Coen, by Council members Ajmera and Smith - Trici Davis, by Council members Austin, Eiselt, and Fallon - Tarik Hameed, by Council members Kinsey and Mayfield - April Hood, by Council members Kinsey and Mitchell - Jordan McGee, by Council members Mayfield and Smith - Zachary Newton, by Council members Lyles and Mitchell - Elizabeth Picoli, by Council members Austin, Driggs, and Eiselt - Eric Seckinger, by Council members Austin and Eiselt City of Charlotte Page 16 Printed on 2/24/2017 City Council Business Meeting Meeting Agenda February 27, 2017 16. Appointments to the Privatization/Competition Committee Action: Vote on blue ballots and return to Clerk at dinner. Staff Resource(s): Stephanie Kelly, City Clerk’s Office Explanation § Two appointments for terms beginning March 2, 2017 and ending March 1, 2019. § Two appointments for partial terms beginning immediately and ending March 1, 2018. - Cornelius Anderson, Jr., by Council members Ajmera and Mitchell - Marika Christie, by Council members Ajmera and Mayfield - Eric Cohen, by Driggs, Council members Eiselt, Lyles, and Phipps - Matthew DeBoer, by Council members Austin and Smith - Christopher Ellan, by Council members Driggs, Kinsey, and Mitchell - Daniel Herrera, by Council members Mayfield and Smith - Johnell Holman, by Council members Ajmera, Kinsey, Mayfield, and Smith - Monique Horace, by Council members Eiselt, Lyles, Mitchell, and Phipps - Rob Hsin, by Council members Eiselt and Lyles - David Reynolds, by Council members Ajmera and Mayfield - Tiffani Teachey, by Council members Eiselt, Kinsey, Lyles, and Phipps - Richard Woodcock, by Council members Mayfield, Mitchell, and Smith - Ronald Maccaroni, by Council members Driggs and Smith 17. Mayor and City Council Topics The City Council members may share information and raise topics for discussion. City of Charlotte Page 17 Printed on 2/24/2017 City Council Business Meeting Meeting Agenda February 27, 2017 CONSENT 18. Charlotte-Mecklenburg Police Foundation Donation Action: A. Authorize the City Manager to accept a donation from the Charlotte-Mecklenburg Police Foundation in the amount of $225,000 for various Charlotte-Mecklenburg Police Department initiatives, and B. Adopt a budget ordinance appropriating funds in the amount of $225,000 from the Charlotte-Mecklenburg Police Foundation. Staff Resource(s): Katrina Graue, Police Explanation § The Charlotte-Mecklenburg Police Foundation (Foundation) is a non-profit, volunteer organization dedicated to strengthening Charlotte Mecklenburg Police Department (CMPD) services and promoting public safety in the Charlotte-Mecklenburg area. § The Foundation raises funds through private donations. § CMPD seeks City Council approval to accept a donation in the amount of $225,000 for the following initiatives: - Body Worn Cameras ($200,000) § Funding will aid in the expansion of the deployment of Body Worn Cameras. § The expansion will provide significant enhancements for transparency from operations that have not had cameras available before, such as Special Weapon and Tactics (SWAT) and Violent Criminal Apprehension Team (VCAT). - Community Engagement ($25,000) § CMPD will continue to engage the Charlotte-Mecklenburg community to build trust, display transparency, and gain a greater understanding of the needs of the community. § CMPD will continue its initiatives, such as Community Corners and Community Safety Forums, which create an open and honest dialogue with the community. § The funding will also allow CMPD to expand its recruitment and youth outreach efforts in the community. § This initiative aligns with Council’s Letter to the Community. Fiscal Note Funding: Charlotte-Mecklenburg Police Foundation Police_PoliceFoundation_Ord_2-27-17_225K City of Charlotte Page 18 Printed on 2/24/2017 City Council Business Meeting Meeting Agenda February 27, 2017 19. Police Body Worn Cameras - Contract Amendment #3 Action: A. Approve contract Amendment #3 with Taser International for additional body worn cameras, hardware, licenses, and ongoing maintenance for the expansion and support of the Body Worn Camera program, B. Authorize the City Manager to approve price adjustments and further amend the contract consistent with the City’s business needs and the purpose for which the contract was awarded, and C. Authorize the City Manager to purchase maintenance and support of the system for as long as the City uses the system. Staff Resource(s): Steve Willis, Police Crystal Cody, Police Explanation § On January 26, 2015, City Council approved a contract with Taser International in the estimated amount of $5,491,186 for hardware, software, licenses, services, storage, and ongoing maintenance for the implementation and support of 1,400 Body Worn Cameras. § Cameras have been issued to uniformed officers in 911 call-for-service officer positions within Patrol, K9, DWI Task Force, and the Airport. This amendment will include a total purchase of 1,800 additional cameras, totaling to 3,200 Body Worn Cameras: - 600 new cameras, mounts, docks, licensing, maintenance and installation services. - Approximately 1,200 cameras for 911 call-for-service officers in Patrol, K9, DWI Task Force and the Airport to use during special events, and secondary employment. § The expansion will increase transparency with deployment to tactical units such as SWAT, VCAT and others. It will also provide for use during special events, and secondary employment by these tactical units. § The contract amendment will include $679,302 for the purchase of additional cameras, licenses, software, and maintenance for Fiscal Year 2018. § This amendment, in conjunction with the Charlotte-Mecklenburg Police Foundation donation in the amount of ($225,000), of which, $200,000 would be used for the Body Worn Camera expansion initiative. § This initiative aligns with Council’s letter to the Community. Fiscal Note On-going maintenance and support in the amount of $341,380 for Fiscal Years 2019 - 2020 will be considered through the Police Operating Budget. Funding: Charlotte-Mecklenburg Police Foundation, General Community Investment Plan, and Police Operating Budget City of Charlotte Page 19 Printed on 2/24/2017 City Council Business Meeting Meeting Agenda February 27, 2017 20. Electronic Monitoring Services Contract Action: A. Approve a unit price contract with Omnilink Systems, Inc. for Electronic Monitoring for an initial term of three years, and B. 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): Stephen Iyevbele, Police Crystal Cody, Police Explanation § The Charlotte Mecklenburg Police Department (CMPD) implemented the electronic monitoring program in 2007, and currently monitors and tracks over 400 offenders at any given time. § CMPD requires an electronic monitoring system that provides pre-trial and post-conviction supervision of court ordered adult and juvenile offenders for property and person crimes and supervision of high risk domestic violence offenders and victim tracking. § On September 9, 2016, the City issued a Request for Proposal (RFP) for CMPD on behalf of the Charlotte Cooperative Purchasing Alliance (CCPA) for Electronic Monitoring Services. In response to the RFP, the City received four proposals from interested service providers. § On August 22, 2016, City Council approved the extension of the current contract in preparation for the RFP on this contract. § CMPD evaluated the proposals and determined that Omnilink Systems, Inc. best meets the City’s needs in terms of qualifications, experience, cost, and responsiveness to RFP requirements. § The company will be paid the unit prices set forth in the contract, a copy of which is available upon request. § The contract will be part of the CCPA, which is a cooperative purchasing program within Management & Financial Services with the specific purpose of reducing procurement costs by leveraging aggregate purchasing volume to receive better pricing. § Electronic Monitoring Services are commonly used by entities of all sizes. Offering competitively priced equipment through CCPA benefits entities nationwide. § CCPA contracts are available for the use of and to benefit all entities that must comply with state purchasing laws (cities, counties, public and private schools, colleges and universities, non-profits and all governmental entities). § Because of the solicitation, the contract is estimated to save the City approximately 13% in monitoring fees. § Estimated contract expenditures are $422,000 annually. Charlotte Business INClusion No subcontracting goal was established because there are no subcontracting opportunities (Part C: Section 2.1(a) of the Charlotte Business Inclusion Policy) Fiscal Note Funding: Police Operating Budget City of Charlotte Page 20 Printed on 2/24/2017 City Council Business Meeting Meeting Agenda February 27, 2017 21. Police Sergeant Promotional Assessment Center Services Action: A. Approve a contract in the amount of $71,834 with Developmental Associates to design and implement a sergeant promotional assessment center for the Charlotte-Mecklenburg Police Department, and B. Authorize the City Manager to approve price adjustments and further amend the contract consistent with the City’s business needs and the purpose for which the contract was awarded. Staff Resource(s): Katrina Graue, Police Eugene Trombini, Police Explanation § The Charlotte-Mecklenburg Police Department (CPMD) holds promotional processes annually, using an assessment center to ensure a fair and high-quality process for candidates. § Over the past several years, CMPD has redesigned the promotion process, partnering with Developmental Associates to provide the Department with a consistent approach for promotion. § CMPD seeks to continue working with Developmental Associates to complete all major redesigns and implement a promotional assessment center for CMPD’s sergeant promotional processes. The contract would include the design of assessment exercises and training of assessors. § A Request for Proposals (RFP) for a four-year contract has recently been submitted. However, it is recommended that the City continue to use Development Associates until the recently issued RFP process is concluded and a contract is issued to a new vendor. § CMPD has currently spent $70,917 in a one-year contract with Developmental Associates in Fiscal Year 2017 to run the captain and lieutenant promotion processes. § The proposed contract would add an additional $71,834 for the sergeant promotion process and would end August 7, 2017. 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: Police Operating Budget City of Charlotte Page 21 Printed on 2/24/2017 City Council Business Meeting Meeting Agenda February 27, 2017 22. Fire Station 22 Roof Renovation Action: Award a contract in the amount of $319,400 to the lowest responsive bidder Nations Roof of Carolina, LLC for the Fire Station 22 Roof Renovation project. Staff Resource(s): William Haas, Engineering & Property Management Steve Marlowe, Engineering & Project Management Kevin Gordon, Charlotte Fire Department Explanation § The Fire Station 22 Roof Renovation project, located at 1917 West Sugar Creek Road, involves roof replacement and other exterior work including: - New, painted metal roof, - New insulation under the roof, - Replace soffits with metal panels, and - Pressure washing the entire exterior of the building. § The existing roof is original to the building (1978) and has exceeded its life expectancy and allowing water leaks into the kitchen, sleeping quarters and apparatus bay. § The new roof will improve the energy efficiency of the facility, provide better occupant comfort, and will result in a clean, attractive building facade. § The new roof will have a 20-year manufacturer’s warranty for water intrusion and deterioration of paint finish. § On January 12, 2017, the City issued an Invitation to Bid for the Fire Station 22 Roof Renovation project, two bids were received from interested service providers. § Nations Roof of Carolina, LLC was selected as the lowest responsive, responsible bidder. § Construction is scheduled to be complete in fourth quarter 2017. Charlotte Business INClusion Construction contracts estimated to be less than $300,000 are informal and exempt from the goal setting process (Part A: Section 3.1 of the Charlotte Business INClusion Policy). Fiscal Note Funding: General Community Investment Plan Location Map - Fire Station 22 Roof Renovation City of Charlotte Page 22 Printed on 2/24/2017 City Council Business Meeting Meeting Agenda February 27, 2017 23. Crushed Stone for Construction Projects Action: A. Award a unit price contract to the lowest responsive bidder Martin Marietta for the purchase of crushed stone for the term of 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): Kay Elmore, Management & Financial Services Ron Hargrove, Charlotte Water Charles Jones, CDOT Explanation § Crushed stone is used in street paving projects, grading projects, storm water repair projects, and water and sewer line projects. § This Citywide contract will be primarily used by the Charlotte Department of Transportation, Charlotte Water, and Aviation. § The contract is based on estimated quantities of 12 different types and sizes of crushed stone and sand with pricing dependent upon the City using its own trucks and City personnel to pick up the stone. § On November 22, 2016, Management & Financial Services issued an Invitation to Bid; six bids were received from interested service providers, with three bids deemed non-responsive. § Martin Marietta was selected as the lowest responsive, responsible bidder. § The company will be paid the unit prices set forth in the contract, a copy of which is available upon request. § Staff anticipates renewing the contract for up to four additional, one-year terms at prices that will be appropriately adjusted based on the Producer Price Index as specified in the contract. § Estimated annual expenditures combined from CDOT, Charlotte Water, and Aviation are $800,000. § Existing contracts with City certified firms may be optionally considered for hauling needs as appropriate. Charlotte Business INClusion No subcontracting goal was established for this contract because most of the City’s crushed stone is hauled by City staff using City vehicles. From time to time on a limited basis, user departments may have a need for independent stone hauling when City staff and City trucks are unavailable. To ensure availability of supplemental hauling services, the CBI Office will partner with user departments to target certified MWSBEs for stone delivery services from Martin Marietta to City facilities. Fiscal Note Funding: Various Departments’ Operating Budgets City of Charlotte Page 23 Printed on 2/24/2017 City Council Business Meeting Meeting Agenda February 27, 2017 24. Roadway Improvements Reimbursement Interlocal Agreement Action: Authorize the City Manager to execute an interlocal agreement in an amount of $156,000 with Mecklenburg County for intersection improvements at Tyvola Road, the Marion Diehl Center driveway, and Little Sugar Creek Greenway Trailhead. .Body Staff Resource(s): Johanna Quinn, Transportation Explanation § Mecklenburg County, Queens University of Charlotte, and the City of Charlotte are partnering to create a signalized intersection on Tyvola Road at the Marion Diehl Center driveway and the Little Sugar Creek Greenway trailhead driveway. § Queens University of Charlotte received a federal grant for intersection modifications at the entrance to the Marion Diehl Center. § The work will improve vehicular, bicyclist, and pedestrian mobility and safety along this area of Tyvola Road, a City-maintained street. § Improvements include modifications to the existing median and associated street improvements to create a full access, signalized intersection for cars, cyclists, and pedestrians. § Queens University of Charlotte will provide grant funding of $780,000, and the City will contribute the grant match of $156,000 for a total project cost of $936,000. Fiscal Note Funding: Transportation Community Investment Plan Intersection Improvements 021717 Queens-Tyvola Resolution City of Charlotte Page 24 Printed on 2/24/2017 City Council Business Meeting Meeting Agenda February 27, 2017 25. Fiber Relocation Inspection Services Action: Authorize the City Manager to negotiate and approve the following contracts for fiber relocation inspection services: - DRMP, Inc., - Kimley-Horn and Associates, Inc., and - Mid-South Consulting Engineers, Inc. Staff Resource(s): Angela Berry, Transportation Explanation § These contracts will provide professional engineering inspection services for the relocation of City aerial fiber. These relocations are being performed by high speed internet companies or their approved contractor. § The scope of services include: - Confirmation of identification of fiber to be relocated, - Daily inspection of the fiber relocations, - Coordination with Charlotte Department of Transportation (CDOT) as well as City Innovation and Technology (I&T), - Schedule coordination for splicing by CDOT forces, and - Maintenance of a daily journal documenting fiber relocation inspection and other duties as directed. § On January 10, 2017, the City issued a Request for Qualifications (RFQ) for Engineering Services for Fiber Relocation Inspection. In response to the RFQ, the City received five Statements of Qualifications from interested service providers. § The Project Team, consisting of staff from Transportation and Innovation and Technology, evaluated the proposals and determined that DRMP, Inc., Kimley-Horn and Associates, Inc. and Mid-South Consulting Engineers, Inc. best meets the City’s needs in terms of qualifications, experience, and responsiveness to RFQ requirements. § The cost of the contract will be reimbursed by the requesting utility. Contracts will be paid on an hourly rate and the estimated amount of each contract is $300,000. Background § In 2015, high speed internet companies began to install fiber throughout the City. Some of this fiber installation is occurring aerially on utility poles throughout the City. As part of this installation the high speed internet companies have needed to ask other utilities to move on a pole or relocate to a new pole. This work occurs at the expense of the requesting company and is commonly referred to as “utility make ready.” § City I&T as well as CDOT have over 350 miles of fiber throughout the City, some of which is aerial and located on utility poles. The high speed internet companies are requesting confirmation of City/CDOT fiber throughout the City and moves/relocations at a pace too great for City staff to meet. This contract will serve as an extension of City staff to confirm the requested fiber moves/relocations belong to the City and provide for the inspection of the moves/relocations of City/CDOT fiber. 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: Contract costs will be reimbursed by the requested utility company. City of Charlotte Page 25 Printed on 2/24/2017 City Council Business Meeting Meeting Agenda February 27, 2017 26. Staffing Assessment for Charlotte Regional Transportation Planning Organization Action: A. Authorize the City Manager to negotiate and approve a contract for up to $175,000 with Cambridge Systematics, Inc. for Charlotte Regional Transportation Planning Organization for staffing assessment, and B. Authorize the City Manager to amend the contract consistent with the City’s business needs and the purpose for which the contract was approved. Staff Resource(s): Robert Cook, Planning Explanation § The Federal Highway Administration (FHWA) and Federal Transit Administration (FTA) are required under 23 US Code 134 to jointly review and evaluate the transportation planning process for urbanized areas over 200,000 populations at least every four years. - The Charlotte Regional Transportation Planning Organization (CRTPO) area has a population of 1,249,442 and is subject to a certification review. - The purpose of the review is to evaluate CRTPO staffing needs necessary to meet and exceed all required elements of the metropolitan process so that Federally-funded highway and transit projects resulting from the process can be implemented. § On March 21, 2016, CRTPO received the Certification Review, in which the FHWA and FTA issued a Recommendation that the CRTPO evaluate its staffing needs and consider hiring/expanding staffing to manage its public outreach efforts. In making its Recommendation, the FHWA and FTA referenced the previous review completed in 2012 that also recommended conducting a staffing assessment. · Certification Review Recommendations are designed to address needed technical improvements to the planning process, and although not regulatory, are significant enough that the FHWA and FTA desire that local officials take action. § On August 19, 2016, the City issued a Request for Proposal (RFP) for Staffing Assessment for Charlotte Regional Transportation Planning Organization. In response to the RFP, the City received seven proposals from interested service providers. § The Project Team, consisting of staff from the Charlotte Department of Transportation, North Carolina Department of Transportation (NCDOT), and CRTPO, evaluated the proposals and determined that Cambridge Systematics, Inc. best meets the City’s needs in terms of qualifications, experience, cost, and responsiveness to RFP requirements. Small Professional Services Firm (SPSF) Opportunity For Federal Highway Administration funded projects, NCDOT does not mandate a goal through the State’s SPSF program. Fiscal Note Funding: Federal Planning Grant City of Charlotte Page 26 Printed on 2/24/2017 City Council Business Meeting Meeting Agenda February 27, 2017 27. Sunset-Beatties Ford Road Comprehensive Neighborhood Improvement Projects - Planning Services Action: A. Approve a contract in the amount of $290,000 with DRMP, Inc. for engineering planning services for the Hornets Nest Pedestrian and Bicycle Improvements project, and B. Approve a contract in the amount of $259,300 with Stantec Consulting Services Inc. for engineering planning services for the Oakdale Road Farm-to-Market Phase 2 project. Staff Resource(s): Fran West, Engineering & Property Management Explanation § In November 2014, voters approved $20 million bond referendum for the Comprehensive Neighborhood Improvement Programs (CNIP). § The Hornets Nest Pedestrian and Bicycle Improvements and Oakdale Road Farm-to-Market Phase 2 Projects were selected to move forward under the Sunset-Beatties Ford CNIP. § CNIP makes strategic investments in larger, multi-neighborhood geographies to more comprehensively address a broad array of community needs, consistent with the goals of the City’s Community Investment Plan (CIP). § The contracts will provide engineering planning services for two projects within the Sunset-Beatties Ford CNIP: Hornets Nest Pedestrian and Bicycle Improvements and Oakdale Road Farm-to-Market Phase 2. The engineering planning services include but are not limited to: - Public involvement, - Alternative analysis, - Conceptual plans, - Cost estimates, - Storm drainage analysis, and - Traffic analysis. § City Council approved the projects as part of the City’s Fiscal Years 2014-2018 General CIP. § On February 24, 2016, a Request for Qualifications (RFQ) was advertised for advanced preliminary planning to begin work on the 2014 Comprehensive Neighborhood Improvement Program (CNIP). In response to the RFQ, the City received 20 proposals from interested professional service providers. § The Project Team, consisting of staff from Engineering and Property Management, Planning, and Transportation, evaluated the proposals and determined that DRMP, Inc. and Stantec Consulting Services, Inc. are the best qualified firms to meet the City’s needs in terms of competence and professional services qualifications for the CNIP. § Design and construction administrative services may be awarded as an incentive for good performance, including meeting the project schedules, fulfilling planning deliverables and remaining within the project budget. § On October 5, 2015, City Council received a CIP update and status that included the Sunset-Beatties Ford CNIP. Action A § The contract with DRMP, Inc. will provide planning services for the Hornets Nest Pedestrian and Bicycle Improvements project. § This project will include the planning and conceptual design for a sidewalk and/or multi-use path along: - Beatties Ford Road from Pauline Road to Lakeview Road (approximately 1.2 miles) and - Sunset Road from Beatties Ford Road to Oakdale Road (approximately 2.8 miles). City of Charlotte Page 27 Printed on 2/24/2017 City Council Business Meeting Meeting Agenda February 27, 2017 § This project was funded through the approved 2016 Bond Referendum for the Sunset Beatties Ford CNIP. Action B § The contract with Stantec Consulting Services Inc. will provide planning services for the Oakdale Road Farm-to-Market Phase 2. - Phase 1 is currently in the utility relocation phase. § This project will include the planning and conceptual design of pedestrian and roadway improvements along Oakdale Road, from Dale Avenue to McClure Drive (approximately 0.6 miles). § Proposed improvements to be considered include, but are not limited to bicycle lanes, sidewalks, planting strips, landscaping, curb and gutter, storm drainage, parallel parking, medians, signalization, crosswalks and lighting. § This project is the continuance of Oakdale Farm to Market Phase 1, which ends at Dale Avenue. § This project was funded through the approved 2016 Bond Referendum for the Sunset Beatties Ford CNIP. Charlotte Business INClusion Hornets Nest Pedestrian and Bicycle Improvements project The City negotiates subcontracting participation after the proposal selection process (Part C: Section 2.1(h) of the Charlotte Business INClusion Policy). DRMP, Inc. has committed to 15.01% ($43,524) of the total contract to the following certified firms: · CMW Design Strategies, LLC (SBE) ($18,414) (urban design/landscape architecture) · Carolina Wetland Services, Inc. (SBE, WBE) ($4,350) (natural resources permitting) · Hinde Engineering, Inc. (SBE) ($20,760) (utility design/coordination) Oakdale Road Farm-to-Market Phase 2 Project The City negotiates subcontracting participation after the proposal selection process (Part C: Section 2.1 (h) of the Charlotte Business INClusion Policy). Stantec Consulting Services Inc. has committed 12.68% ($32,880) of total contract amount to the following certified firms: · The Dodd Studio (SBE) ($14,040) (urban planning consultant) · City Explained, Inc. (SBE) ($11,840) (planning consulting) · Capstone Civil Group (SBE, MBE) ($7,000) (geotechnical services) Fiscal Note Funding: General Community Investment Plan Location Map - Planning Services for Comprehensive Neighborhood Improvement Projects City of Charlotte Page 28 Printed on 2/24/2017 City Council Business Meeting Meeting Agenda February 27, 2017 28. Mary Alexander Storm Drainage Improvement Project Action: Award a contract in the amount of $997,341.18 to the lowest responsive bidder United of Carolinas, Inc. for the Mary Alexander Storm Drainage Improvement Project. Staff Resource(s): Matthew Gustis, Engineering & Property Management Explanation § The Mary Alexander Storm Drainage Improvement Project will reduce flooding of Mary Alexander Road and address channel erosion. § The project area is located in the Mallard Creek watershed with boundaries of E. Mallard Creek Church Road to the north, the University of North Carolina at Charlotte (UNCC) to the south, John Kirk Drive to the east and Mallard Creek to the west. § The improvements are along Mary Alexander Road from Lex Drive to East Mallard Creek Church Road. § The work will include: - Storm drainage, - Curb and gutter, - Sidewalks, - Asphalt pavement and replacement, - Traffic control, and - Water and sanitary sewer installation § On December 19, 2016, the City issued an Invitation to Bid for Mary Alexander Storm Drainage Improvement Project; seven bids were received from interested service providers. § United of Carolinas, Inc. was selected as the lowest responsive, responsible bidder. § The City is coordinating with UNCC to minimize impacts to student traffic by constructing the improvements during the summer months when school is not in session. § The project is anticipated to be complete by third quarter of 2017. Charlotte Business INClusion Established SBE Goal: 15.00% Committed SBE Goal: 20.05% United of Carolinas, Inc., exceeded the established SBE subcontracting goal, and has committed 20.05% ($200,000) of the total contract amount to the following certified SBE firms (Part B: Section 3 of the Charlotte Business INClusion Policy): · Conmat Construction Services, Inc (SBE) ($114,000) (concrete) · Streeter Trucking Company, Inc. (SBE, MBE) ($50,000) (hauling) · Whitesell Trucking, Inc (SBE) (sewer and drain) ($36,000) Established MBE Goal: 5.00% Committed MBE Goal: 5.01% United of Carolinas, Inc. exceeded the established subcontracting goal, and has committed 5.01% ($50,000) of the total contract amount to the following certified MBE firms (Part B: Section 3 of the Charlotte Business INClusion Policy): · Streeter Trucking Company, Inc. (SBE, MBE) ($50,000) (hauling) Fiscal Note Funding: Storm Water Community Investment Plan Location Map - Mary Alexander Storm Drainage Improvement Project City of Charlotte Page 29 Printed on 2/24/2017 City Council Business Meeting Meeting Agenda February 27, 2017 29. Old Terminal Steam Boiler Replacement Action: Award a unit price contract in the amount of $133,000 to the lowest responsive bidder Superior Mechanical Services, Inc. for the purchase and installation of a steam boiler in the Old Terminal building. Staff Resource(s): Jack Christine, Aviation Explanation § The existing boiler in the basement of the Old Terminal was installed in 1953 and has reached the end of its useful life. Aviation is replacing the steam boiler to provide sufficient heating capacity for the building. § The Old Terminal is located on the south side of the airfield and contains multiple tenants that provide support services to the Airlines and Transportation Security Administration. § The contract with Superior Mechanical Services, Inc. will provide services to remove and haul away the existing boiler, as well as procure and install a new boiler. § On December 16, 2016, Aviation issued an Invitation to Bid for a Steam Boiler Replacement; four bids were received from interested service providers. § Superior Mechanical Services Inc. was selected as the lowest responsive, responsible bidder. Charlotte Business INClusion No subcontracting goal was established because there are no subcontracting opportunities (Part C: Section 2.1(a) of the Charlotte Business INClusion Policy). Fiscal Note Funding: Aviation Community Investment Plan City of Charlotte Page 30 Printed on 2/24/2017 City Council Business Meeting Meeting Agenda February 27, 2017 30. Airport Vehicle Wash Facility Action: A. Award a contract in the amount of $2,137,394.10 to the second lowest responsive bidder Encompass Building Group, Inc. for the construction of a Vehicle Wash Facility, and B. Adopt a budget ordinance appropriating $2,137,394.10 from the Aviation Discretionary Fund to the Aviation Community Investment Plan Fund. Staff Resource(s): Jack Christine, Aviation Explanation § The Airport operates a fleet of 80 buses to transport passengers and employees from Airport parking facilities to the Terminal. § Customer Focus is one of the guiding principles of the Aviation Department, and the condition of the bus fleet is a component of the overall customer experience. § Currently, Aviation contracts bus washing services. Bus washing takes place in the maintenance yard, which requires Aviation staff to closely monitor the process to ensure environmental compliance for debris runoff into the storm drains. § The Vehicle Wash Facility will allow more routine cleaning of the buses in an environment that captures and recycles the wash water. - Aviation will be able to use the facility for the bus fleet as well as for over 300 additional pieces of Aviation’s current rolling stock. § On November 9, 2015, the City awarded a contract to Bergmann Associates, Architects, Engineers, P.C dba Gantt Hubermann Architects in the amount of $1,267,488 for the design of the Fleet Maintenance Facility and the Vehicle Wash Facility. § On October 14, 2016, The City issued an Invitation to Bid for Construction services; three bids were received from interested service providers. § Encompass Building Group, Inc. was the second lowest responsive, responsible bidder. Reject Low-Bid Explanation § The apparent low bidder, G.W. Liles Construction, Inc. did not meet the established MBE goal of 8.00%, proposing a total MBE utilization of 1.46% for the project. § Per the CBI policy, G.W. Liles Construction submitted MBE Good Faith Efforts documentation and after thorough review, staff determined that G.W. Liles Construction did not meet the minimum required Good Faith Efforts (Part B: Section 4.3 of the Charlotte Business INClusion Policy). § Staff recommends the contract be awarded to the next lowest, responsive, responsible bidder, Encompass Building Group, LLC. Charlotte Business INClusion Established SBE Goal: 14.00% Committed SBE Goal: 14.10% Encompass Building Group, Inc. has exceeded the established subcontracting goal, and has committed 14.10% ($295,000) of the base bid amount to the following certified firms (Part B: Section 3 of the Charlotte Business INClusion Policy): § Dakota Contracting Company (SBE,MBE) ($225,000) (site work) § All Pro-Builders and Restorations (SBE,MBE) ($70,000) (general construction) Established MBE Goal: 8.00% Committed MBE Goal: 15.46% Encompass Building Group, Inc. has exceeded the established subcontracting goal, and has committed 15.06% ($323,500) of the base bid amount to the following certified firms (Part B: Section 3 of the Charlotte Business INClusion Policy): City of Charlotte Page 31 Printed on 2/24/2017 City Council Business Meeting Meeting Agenda February 27, 2017 § Dakota Contracting Company (MBE,SBE) ($225,000) (site work) § All Pro-Builders and Restorations (MBE, SBE ($70,000) (general construction) § Superior Mechanical Systems (MBE) ($28,500) (HVAC) Fiscal Note Funding: Aviation Community Investment Plan Airport ORD022717 - Airport Vehicle Wash Facility City of Charlotte Page 32 Printed on 2/24/2017 City Council Business Meeting Meeting Agenda February 27, 2017 31. Airport Project Management Services Contract Amendment #1 Action: A. Approve contract amendment #1 in the amount of $2,400,000 with T.Y. Lin International for additional project management and construction administration services, and B. Adopt a budget ordinance appropriating $2,400,000 from the Aviation Discretionary Fund to the Aviation Community Investment Plan Fund. Staff Resource(s): Jack Christine, Aviation Explanation § On October 26, 2015, the City Council approved a three year contract with T.Y. Lin International to provide four project managers to assist Aviation with the implementation of the Aviation Community Investment Plan (CIP) for a term of three years, with the option to renew for up to two additional, one-year extensions. § Contract amendment #1 will add $2,400,000 to the initial three-year term in order to provide four additional project and construction managers and all necessary equipment including vehicles and technology to support the implementation of the Airport’s $1.7 billion CIP. Due to the demand driven CIP, Aviation prefers to use contracted project managers in lieu of adding Aviation Department staff. § Aviation’s CIP is updated annually to meet the needs of airlines and tenants. These additional managers will provide project oversight for the Terminal Lobby Expansion, American Airlines Line Maintenance Hangar Expansion, Concessions Distribution Warehouse, Joint Operations Center, Concourse Renovations, Hourly Toll Plaza Renovations, Taxiway A & M Rehabilitations, FBO Ramp Rehabilitation, and American Airlines Mail Sort Facility. § On August 31, 2015, Aviation issued a Request for Qualifications for project management services; three proposals were received from interested service providers. § The Aviation Department selected T.Y. Lin International for this project based on its past project management experience with similar airport projects of this scope as well as its experience with current projects at the Airport. § The new total estimated amount of the contract, including the contract amendment, over the initial term of three years will be $5,500,000. Disadvantaged Business Enterprise No subcontracting goal was established because there are no subcontracting opportunities. Fiscal Note Funding: Aviation Community Investment Plan The Aviation Department intends to seek Federal Aviation Administration approval to use Passenger Facility Charge (PFC) funds to pay for the additional PFC eligible costs of these projects in PFC Application #6. Ineligible project costs will be paid for with Airport Discretionary Funds. Airport ORD022717 - Airport Project Management Services Contract _Amendment 1 City of Charlotte Page 33 Printed on 2/24/2017 City Council Business Meeting Meeting Agenda February 27, 2017 32. Aviation Cooling Tower Replacement Action: A. Approve the purchase of a Marley Cooling Tower, as authorized by the sole source exemption of G.S. 143-129 (e)(6), and, B. Award a contract in the amount of $217,200 to the lowest responsive bidder Superior Mechanical Services, Inc. for the purchase and installation of a Marley Cooling Tower. Staff Resource(s): Jack Christine, Aviation Sole Source Exemption § G.S. 143-129 (e) (6) provides that formal bidding requirements do not apply when: - Performance or price competition are not available; - A needed product is available from only one source or supply; or - Standardization or compatibility is the overriding consideration. § Sole sourcing is necessary for the purchase component of this contract because of standardization or compatibility with existing cooling towers in the Terminal. § The City Council must approve purchases made under the sole source exception. Explanation § Multiple cooling towers are used to keep the Airport’s main Terminal building at a comfortable temperature in the summer. § The cooling tower being replaced has reached the end of its useful life. § Aviation seeks to purchase Marley Cooling Towers in order to maintain equipment standardization. As a result, Aviation is using a sole source purchase exemption for the procurement of the towers. § The contract with Superior Mechanical Services, Inc. will provide equipment and installation for a new cooling tower as well as removal and disposal of the existing cooling tower. § On January 7, 2017, the City issued an Invitation to Bid for a Marley Cooling Tower and installation services; six bids were received from interested service providers. § Superior Mechanical Services, Inc. was selected as the lowest responsive, responsible bidder. Charlotte Business INClusion This is a sole source contract and is exempt (Part A: Appendix 1.27 of the Charlotte Business INClusion Policy). Fiscal Note Funding: Aviation Community Investment Plan City of Charlotte Page 34 Printed on 2/24/2017 City Council Business Meeting Meeting Agenda February 27, 2017 33. Airport Fire Truck Parking Structure Action: A. Award a contract in the amount of $353,870 to the lowest responsive bidder Edison Foard Construction, Inc. for an airport fire truck parking structure at Fire Station #41, and B. Adopt a budget ordinance appropriating $353,870 from the Aviation Discretionary Fund to the Aviation Community Investment Plan Fund. Staff Resource(s): Jack Christine, Aviation Explanation § Three fire stations serve the Charlotte Douglas International Airport, Fire Stations #17, #30, and #41. § The Airport operates eight firefighting trucks, which need to be located indoors to protect the mechanical equipment on the trucks from weather and sunlight damage. § The contract with Edison Foard Construction, Inc. will install a structure for two additional fire truck parking at Fire Station #41. § The new parking structure along with the existing Fire Stations will ensure all Airport fire trucks are located indoors. § On December 6, 2016, the City issued an Invitation to Bid for a Fire Truck Parking Structure; three bids were received from interested service providers. § Edison Foard Construction, Inc. was selected as the lowest responsive, responsible bidder. § The project is anticipated to be completed by June 2017. Charlotte Business INClusion Construction contracts estimated to be less than $ 300,000.00 are informal and exempt from the goal setting process ( Part A: Section 3.1 of the Charlotte Business INClusion Policy). However, Edison Foard, Inc. has committed 17.80% ($63,000) of the total Contract amount to the following certified firm: § Besco Electrical (MBE) ($63,000) (electrical) Fiscal Note Funding: Aviation Community Investment Plan Airport ORD022717 - Airport Fire Truck Parking Structure City of Charlotte Page 35 Printed on 2/24/2017 City Council Business Meeting Meeting Agenda February 27, 2017 34. Airport Network Equipment Maintenance Action: A. Approve a contract with Enterprise Systems Corporation for maintenance of Airport network equipment for a term of one year, and B. Authorize the City Manager to renew the contract for 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): Brent Cagle, Aviation Explanation § Aviation has installed equipment in communications rooms throughout the Airport Terminal to support its network. § Since 2006, Aviation has contracted with various vendors, including Enterprise Systems Corporation, to maintain and support the Airport’s network equipment. § Based on Aviation’s continued need for network support services a multi-year contract is necessary. § A waiver of competitive solicitation was granted by the Aviation Director due to Enterprise Systems Corporation’s extensive knowledge of the Airport’s network, and willingness to offer on-site technical support at no additional cost. § Estimated annual expenditures for the contract are $53,700. Charlotte Business INClusion No subcontracting goal was established because there are no subcontracting opportunities (Part C: Section 2.1(a) of the Charlotte Business INClusion Policy). Fiscal Note Funding: Aviation Operating Budget City of Charlotte Page 36 Printed on 2/24/2017 City Council Business Meeting Meeting Agenda February 27, 2017 35. Program Management Services for the Sanitary Sewer Rehabilitation Program Action: A. Approve a contract in the amount of $1,500,000 with Frazier Engineering, PA for Program Management Services, and B. Authorize the City Manager to renew the contract for up to three terms with possible price adjustments and to amend the contract consistent with the City’s business needs and the purpose for which the contract was approved. Staff Resource(s): Angela Lee, Charlotte Water Explanation § Charlotte Water operates and maintains more than 4,200 miles of sanitary sewer mains throughout its service area. Many of these pipes are more than 50 years old and often in need of repair or rehabilitation. § The contract provides for program management services for the ongoing Sanitary Sewer Rehabilitation Program, focusing in the following areas: - Planning and Evaluation, - Engineering and Design, - Construction Management, - Data Management, and - Performance Monitoring. § Projects are identified and prioritized based on previous sanitary sewer overflows, the likelihood of future overflows, and the overall condition of the infrastructure. § The contract will include rehabilitation and replacement work in the Irwin Creek basin and evaluation work in the McAlpine Creek basin. § On November 30, 2016, the City issued a Request for Qualifications (RFQ) for Program Management Services for the Sanitary Sewer Rehabilitation Program. In response to the RFQ, the City received three proposals from interested professional service providers. § Charlotte Water staff evaluated the proposals and determined that Frazier Engineering, PA is the best qualified firm to meet the City’s needs on the basis of demonstrated competence and qualifications of professional services relevant to the RFQ requirements. § Each term is estimated to cover an 18-month period. 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). Frazier Engineering, P.A. has committed 3.33% ($50,000) of the total contract amount to the following certified firm(s): · Boyle Consulting Engineers, PLLC (SBE) ($25,000) (material testing) · Survey & Mapping Control, Inc. (SBE) ($25,000) (surveying) Fiscal Note Funding: Charlotte Water Community Investment Plan Irwin_McAlpine_ForRCA City of Charlotte Page 37 Printed on 2/24/2017 City Council Business Meeting Meeting Agenda February 27, 2017 36. Site Improvements at Franklin Water Treatment Plant Action: Award a contract in the amount of $168,636 to the lowest responsive bidder Sanders Utility Construction Co., Inc. for site improvements at the Franklin Water Treatment Plant. Staff Resource(s): Carl Wilson, Charlotte Water Explanation § The project is located near the intersection of Auten and Oakdale roads north of and adjacent to Franklin Water Treatment Plant. § Charlotte Water previously purchased private residences adjacent to the raw water reservoir along Auten Road at the Franklin Water Treatment Plant. § The project provides for improvements to security access and maintenance of the area around the raw water reservoir at the Franklin Water Treatment Plant, such as: - Brush clearing, tree stump removal, drainage swale improvements, erosion control improvements, and fine grading; - Construction of a new chain link security fence along the northern perimeter encompassing the Franklin Water Treatment Plant site; and - Abandoning an existing, non-utilized water supply well located on the site. § On December 19, 2016, the City issued an Invitation to Bid for Auten Road Site Improvements; four bids were received from interested service providers. § Sanders Utility Construction Co., Inc. was selected as the lowest responsive, responsible bidder. § The project is anticipated to be complete by Fall 2017. Charlotte Business INClusion Charlotte contracts estimated to be less than $300,000 are informal and exempt from the goal setting process (Part A: Section 3.1 of the Charlotte Business INClusion Policy). However, Sanders Utility Construction Co. Inc., a City WBE, has committed 6.52% ($11,000) of the total contract amount to the following certified firm: · Martin Landscaping Company Inc. (SBE, WBE) ($11,000) (seeding and mulching) Fiscal Note Funding: Charlotte Water Community Investment Plan Franklin WTP Map City of Charlotte Page 38 Printed on 2/24/2017 City Council Business Meeting Meeting Agenda February 27, 2017 37. Mallard Creek Wastewater Treatment Plant Digesters Maintenance Project Action: Award a contract in the amount of $248,225 to the lowest responsive bidder BW Service Solutions, LLC for the Mallard Creek Wastewater Treatment Plant Digesters Maintenance Project. Staff Resource(s): Carl Wilson, Charlotte Water Explanation § Charlotte Water owns and maintains five major wastewater treatment plants in Mecklenburg County. The Mallard Creek Wastewater Treatment Plant (WWTP) is located near the county line off US Highway 29. § Mallard Creek WWTP utilizes large concrete digester tanks in the wastewater treatment process. § Digesters must be maintained by periodically cleaning and servicing mechanical equipment approximately every eight to 10 years. § This maintenance project will be performed while the digesters are deactivated for the polychlorinated biphenyl (PCB) decontamination project that is currently underway. § This contract provides for the maintenance of four of the five digesters at the WWTP. This work includes: - Installation of an alternate mixing pump and associated valves - Replacement of carbon steel piping with stainless steel digester gas piping and addition of new gas flow meters § On December 19, 2016, the City issued an Invitation to Bid for the Mallard Creek Wastewater Treatment Plant Digester Maintenance Project; two bids were received from interested service providers. - The North Carolina General Statutes do not require a minimum number of bids for construction contracts under the limits prescribed in General Statute 143-129. § BW Service Solutions, Inc. was selected as the lowest responsive, responsible bidder. § The project is anticipated to be complete by the second quarter of 2018. Charlotte Business INClusion Contracts estimated to be less than $300,000 are informal and exempt from the goal setting process (Part A: Section 3.1 of the Charlotte Business INClusion Policy). However, BW Service Solutions, Inc. is an SBE. Fiscal Note Funding: Charlotte Water Community Investment Plan Mallard Creek WWTP Map City of Charlotte Page 39 Printed on 2/24/2017 City Council Business Meeting Meeting Agenda February 27, 2017 38. Municipal Agreement for Water Main Repair on Lancaster Highway with the North Carolina Department of Transportation Action: A. Adopt a resolution ratifying a North Carolina Department of Transportation Municipal Agreement in the amount of $6,890, and B. Authorize the City Manager to approve the final pay request for the actual cost. Staff Resource(s): Carl Wilson, Charlotte Water Explanation § Charlotte Water had a leak on a 24-inch water main in Lancaster Highway at Carolina Place Parkway that was repaired between December 14, 2016 and December 21, 2016. § North Carolina Department of Transportation (NCDOT) was in the process of resurfacing a portion of Lancaster Highway where the water main leak occurred. Due to the time it took to repair the water line and the cold winter weather, the NCDOT resurfacing contractor had to leave the project site. § The NCDOT contractor is requiring $6,890 to remobilize to Lancaster Highway to complete the resurfacing in the spring of 2017. § NCDOT is requiring Charlotte Water pay for this additional remobilization payment through a Municipal Agreement. Fiscal Note Funding: Charlotte Water Community Investment Plan North Carolina Department of Transportation Municipal Agreement for Water Main Repair on Lancaster Highway - Map RCA 15-4982 Attachment City of Charlotte Page 40 Printed on 2/24/2017 City Council Business Meeting Meeting Agenda February 27, 2017 39. Water and Sewer Construction Contracts (Fiscal Year 2017 - Contracts 3 and 4) Action: A. Award unit price contracts to the lowest responsive bidders for the new construction or replacement of water and sewer mains throughout the Charlotte Water service area: - State Utility Contractors, Inc., $2,486,010 (Fiscal Year 2017 - Contract 3) - RH Price, Inc., $2,498,736.30 (Fiscal Year 2017 - Contract 4), and B. Authorize the City Manager to renew each contract for up to two terms with possible price adjustments and to amend the contracts consistent with the City’s business needs and the purposes for which the contracts were approved. Staff Resource(s): Carl Wilson, Charlotte Water Explanation § Charlotte Water uses private construction companies to replace water and sewer mains as well as build new water and sewer lines. The contracts will provide both of these services. § For the 2016 Calendar Year, 48,899 linear feet of water main and 32,731 linear feet of sewer main were installed. § Bids are unit price and based on estimated quantities for items needed for this type of work. § On December 21, 2016, the City issued an Invitation to Bid for Water and Sewer Extensions/Replacements - Contract 3; two bids were received from interested service providers. - In accordance to North Carolina General Statute 143-132, if three bids are not received from reputable and qualified contractors, the project must be re-advertised and the contract may then be let to the lowest responsible bidder even though only one bid is received. - The project was re-advertised on January 19, 2017; two bids were received from interested service providers. - State Utility Contractors, Inc. was selected as the lowest responsive, responsible bidder of Contract 3. § On December 21, 2016, the City issued an Invitation to Bid for Water and Sewer Extensions/Replacements - Contract 4; two bids were received from interested service providers. - The project was re-advertised on January 19, 2017; two bids were received from interested service providers. - RH Price, Inc. was selected as the lowest responsive, responsible bidder of Contract 4. § Both contracts give the City the option to renew for two additional terms with a price adjustment based on the Construction Cost Index. § Each term is estimated to last approximately one year. Charlotte Business INClusion Contract Fiscal Year 2017-3 Established SBE Goal: 6% Committed SBE Goal: 6.03% State Utility Contractors, Inc. exceeded the established subcontracting goal and has committed 6.03% ($150,000) of the total contract amount to the following certified firms (Part B: Section 3 of the Charlotte Business INClusion Policy): · Barton Contracting (SBE) ($39,000) (asphalt) · RAM Pavement Services, Inc. (SBE) ($39,000) (asphalt) · D’s Trucking Service, Inc. (SBE, WBE) ($50,000) (hauling) · All Points Trucking, Inc. (SBE, WBE) ($22,000) (hauling) City of Charlotte Page 41 Printed on 2/24/2017 City Council Business Meeting Meeting Agenda February 27, 2017 Contract Fiscal Year 2017-4 Established SBE Goal: 6% Committed SBE Goal: 6.00% R.H. Price, Inc. met the established subcontracting goal and has committed 6.00% ($150,000) of the total contract amount to the following certified firms (Part B: Section 3 of the Charlotte Business INClusion Policy): · C and D Utility (SBE) ($55,000) (pipeline installation) · Wallace Brothers Construction, Inc. (SBE) ($55,000) (pipeline installation) · RAM Pavement Services, Inc. (SBE) ($30,000) (paving) · Fernandez Construction Corporation (SBE) ($10,000) (concrete) Fiscal Note Funding: Charlotte Water Community Investment Plan City of Charlotte Page 42 Printed on 2/24/2017 City Council Business Meeting Meeting Agenda February 27, 2017 40. McDowell Creek Wastewater Treatment Plant - Reliability Improvements Phase II Action: Approve a contract in the amount of $969,045 with HDR Engineering, Inc. of the Carolinas for engineering evaluations, design and construction administration services for McDowell Creek Wastewater Treatment Plant - Reliability Improvements Phase II. Staff Resource(s): Carl Wilson, Charlotte Water Explanation § Charlotte Water owns and maintains five major wastewater treatment plants in Mecklenburg County. The McDowell Creek Wastewater Treatment Plant (WWTP) is located on Neck Road in the Town Huntersville. § McDowell Creek WWTP was originally constructed in 1979, with major expansions in 1998 and 2007. § The treatment plant operates four independent treatment processes (trains) that have the ability to treat up to a permitted discharge volume of 12 million gallons per day of wastewater. § Treatment trains #1 and #2 were built with the original plant and are now 38 years old. These trains are in need of a condition assessment evaluation, periodic maintenance improvements and equipment modernization evaluation. § The WWTP operates five large concrete digester tanks, which require periodic maintenance, cleaning and modernization on an eight to 10 year cycle. § City Council previously approved a contract for construction related to the cleaning, inspection and rehabilitation of McDowell Creek’s digesters #3 and #4 on May 23, 2016. § This contract includes: - Comprehensive condition assessment and recommendations for modernization for all components of trains #1 and #2 - Design, construction administration and inspection of new concrete covers and mixers for digesters #1 and #2 § On October 17, 2016 the City issued a Request for Qualifications (RFQ) for McDowell Creek Wastewater Treatment Plant - Reliability Improvements Phase II. In response to the RFQ, the City received three proposals from interested service providers. § The Project Team, consisting of staff from Charlotte Water, evaluated the proposals and determined that HDR Engineering, Inc. of the Carolinas best meets the City’s needs in terms of qualifications, experience, cost, and responsiveness to RFQ requirements. § Due to highly specialized nature of the work, there are limited opportunities to subcontract. 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). HDR Engineering, Inc. of the Carolinas has committed 1.65% ($16,000) of the total contract amount to the following certified firm(s): · Gavel & Dorn Engineering, PLLC (SBE) ($15,000) (special inspection and materials testing) · Richa Graphics (SBE, MBE) ($1,000) (graphics, reproduction) Fiscal Note: Funding: Charlotte Water Community Investment Plan McDowell Creek WWTP Map City of Charlotte Page 43 Printed on 2/24/2017 City Council Business Meeting Meeting Agenda February 27, 2017 41. Water and Wastewater Treatment Facilities Polymers Action: A. Award a unit price contract to the lowest responsive bidder Solenis, LLC for the purchase of polymers for solids thickening and dewatering operation for the initial term of 16-months, and B. Authorize the City Manager to renew the contract for up to two, one-year terms and to amend the contract consistent with the City’s business needs and the purpose for which the contract was approved. Staff Resource(s): Ron Hargrove, Charlotte Water Explanation § These contracts will provide for the purchase of polymers that are necessary for the treatment and dewatering of solids removed from the water and wastewater treatment processes. Thickening and dewatering polymers will be purchased for two plants at the estimated annual expenditures listed below: § Mallard Creek Wastewater Treatment Plant: $250,000 § Franklin Water Treatment Plant: $20,000 § The basis of award for each type of polymer at each plant was the lowest total cost, which is based on a performance-based trial. § The total cost was calculated using each vendor’s bid price per pound of polymer and the amount of polymer used to reach established performance criteria during the polymer prequalification testing. § On January 4, 2017, Charlotte Water issued an Invitation to Bid; two bids were received from interested service providers. § Solenis, LLC was selected as the lowest responsive, responsible bidder. § The company will be paid the unit prices set forth in the contract, a copy of which is available upon request. Charlotte Business INClusion No subcontracting goal was established because there are no opportunities (Part B: Section 2.3 of the Charlotte Business INClusion Policy). Fiscal Note Funding: Charlotte Water Operating Budget City of Charlotte Page 44 Printed on 2/24/2017 City Council Business Meeting Meeting Agenda February 27, 2017 42. Portable Wireless Headsets for Charlotte Water Action: A. Approve the purchase of Sonetics portable wireless headset communication systems, as authorized by the sole source exemption of G.S. 143-129 (e)(6), and B. Approve a contract with Public Works Equipment and Supply, Inc. for portable wireless headset communication systems for the term of one year with two additional one year renewals. Staff Resource(s): Angela Lee, Charlotte Water Sole Source Exemption § G.S. 143-129 (e) (6) provides that formal bidding requirements do not apply when: - Performance or price competition are not available; - A needed product is available from only one source or supply; or - Standardization or compatibility is the overriding consideration. § Sole sourcing is necessary for this contract because there is only one supply source. § The City Council must approve purchases made under the sole source exception. Explanation § Charlotte Water routinely cleans sewer lines to help prevent sanitary sewer overflows. The equipment used to clean sewer lines is loud and hinders the ability for crew members to communicate with each other. § Due to the lack of verbal communication, employees use hand signals or walk long distances to coordinate while cleaning sewer lines. This adds extra time to completing tasks and could create a safety issue when working in teams. Often, instructions are not clearly conveyed due to the lack of verbal communication. Recently, a field training consultant has recommended headsets as a best industry practice. The wireless headsets will improve communication and safety of 24 Charlotte Water crews. § The headsets can communicate up to 1,600 feet, which allows up to 47 crew members to cover more area. § On November 7, 2016, the City of Charlotte issued a Request for Information requesting specifications for portable wireless headsets. In response to the RFI, four responses were received including three recommending the Sonetics brand. § Based on the responses, it was determined that Sonetics is the only manufacturer that could meet Charlotte Water’s requirements (e.g. background noise suppression technology, 1,600 feet transmission, waterproof, etc.). The wireless headset adds advance hearing protection for crew members, complies with hearing protection standards, and is dustproof and watertight. § An extended warranty and accessories will be included in the contract. § Annual expenditures under the contract are estimated to be $160,000. 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: Charlotte Water Operating Budget City of Charlotte Page 45 Printed on 2/24/2017 City Council Business Meeting Meeting Agenda February 27, 2017 43. Upper Little Sugar Creek Replacement Sewer - Phase 2 Action: Approve a contract in the amount of $222,310 with Frazier Engineering, PA for design, bidding, and construction administration services associated with the Upper Little Sugar Creek Replacement Sewer - Phase 2. Staff Resource(s): Carl Wilson, Charlotte Water Explanation § The Upper Little Sugar Creek Replacement Sewer - Phase 2 was studied and evaluated within Charlotte Water’s rehabilitation program where it was determined that replacement was the most cost-effective solution due to its deteriorating condition and capacity constraints. § The Upper Little Sugar Creek Replacement Sewer Project - Phase 2 begins near Bilmark Avenue and extends to Georgetown Drive. The project includes replacing approximately 3,100 feet of existing 10-inch sewer with larger pipe, replacement of 20 manholes and includes crossing four creeks and a road. § On October 21, 2016, the City issued a Request for Qualifications (RFQ) for Upper Little Sugar Creek Replacement Sewer - Phase 2 Services. In response to the RFQ, the City received five proposals from interested professional service providers. § The Project Team, consisting of staff from Charlotte Water, evaluated the proposals and determined that Frazier Engineering, PA is the best qualified firm to meet the City’s needs on the basis of demonstrated competence and qualification of professional services in response to the RFQ requirements. § The construction project is anticipated to begin in 2018. Charlotte Business INClusion The City negotiated subcontracting participation after the proposal selection process (Part C: Section 2.1 (h) of the Charlotte Business INClusion Policy). For this contract, Frazier Engineering, P.A. has committed 13.49% ($30,000) of the total contract amount to the following certified firm: § Survey & Mapping Control, Inc. (SBE) ($30,000) (surveying) Fiscal Note Funding: Charlotte Water Community Investment Plan Upper Little Sugar Creek Replacement Sewer - Phase 2 Map City of Charlotte Page 46 Printed on 2/24/2017 City Council Business Meeting Meeting Agenda February 27, 2017 44. Federal Transit Administration 5307 Urbanized Area Formula Program Grant and Contract Action: Authorize the City Manager to enter into a sub-recipient agreement with Iredell County for the disbursement of Federal Transit Administration Section 5307 FY2015 funds in an amount not to exceed $255,000. Staff Resource(s): Dee Pereira, CATS Explanation § The Federal Transit Administration (FTA) Section 5307 Urbanized Area Formula Program is designed to award funds to federally designated Urbanized Areas for eligible transit activities. § CATS, on behalf of the City of Charlotte, is the designated recipient for all federal 5307 transit funds in the Charlotte Urbanized Area (UZA). § The 2010 Census resulted in the expansion of the Charlotte UZA to include portions of Iredell County. § CATS and Iredell County Area Transportation Services (ICATS) worked together to develop a formula for sharing the 5307 formula funds. As federally required, the sharing formula was approved by the Charlotte Regional Transportation Planning Organization (CRTPO). § In order to receive these FY2015 funds, Iredell County will become a sub-recipient to CATS. § Subsequent annual allocations will be based upon the adopted formula and will be provided to NCDOT Public Transportation Division for award to Iredell County and any other eligible recipients for FY2016 and beyond. § The City is responsible for the project oversight of Iredell County Area Transportation Services’ use of these funds. § Project oversight will include the following: - Detailed monthly, quarterly, and annual reports by Iredell County and quarterly site visits by City personnel. - Annual audit submitted by Iredell County that complies with federal Office of Management and Budget standards. - The City will also have the right to audit Iredell County’s use of these funds as necessary. § The agreement will require Iredell County to comply with the same federal requirements that the City follows, including returning federal funds when not in compliance. § No funds will be disbursed prior to the City’s approval of Iredell County’s documentation of expenditures. Fiscal Note Funding: CATS Community Investment Plan City of Charlotte Page 47 Printed on 2/24/2017 City Council Business Meeting Meeting Agenda February 27, 2017 45. Refund of Property Taxes Action: Adopt a resolution authorizing the refund of property taxes assessed through clerical or assessment error in the amount of $2,899.72. Staff Resource(s): Scott Greer, Management & Financial Services Explanation § Mecklenburg County notifies the City of Property Tax refunds due to clerical or assessment error are provided to the City by Mecklenburg County. List of Taxpayers and Refunds Requested Resolution City of Charlotte Page 48 Printed on 2/24/2017 City Council Business Meeting Meeting Agenda February 27, 2017 PROPERTY TRANSACTIONS 46. Property Transactions - Ayrsley Gravity Sewer Replacement Phase II, Parcel #1 Action: Approve the following Condemnation: Ayrsley Gravity Sewer Replacement Phase II, Parcel #1 Project: Ayrsley Gravity Sewer Replacement Phase II, Parcel #1 Owner(s): Dushyant Ramanbhai Patel, Latika Dushyant Patel and Kayur Dushyant Patel Property Address: Microsoft Way Total Parcel Area: 969,525 sq. ft. (22.257 ac.) Property to be acquired by Easements: 2,128.02 sq. ft. (.049 ac.) in Sanitary Sewer Easement, plus 8,422.85 sq. ft. (.193 ac.) in Temporary Construction Easement Structures/Improvements to be impacted: None Landscaping to be impacted: Trees Zoned: I-1 Use: Industrial Tax Code: 203-221-17 Appraised Value: $475 Property Owner’s Concerns: The property owners are concerned with the potential impact of the easement upon future development. City’s Response to Property Owner’s Concerns: Staff informed the property owners that the size and location of the easement will not impact the utility of the site, as determined by the Appraiser. 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: 3 City of Charlotte Page 49 Printed on 2/24/2017 City Council Business Meeting Meeting Agenda February 27, 2017 Adjournment City of Charlotte Page 50 Printed on 2/24/2017 City Council Business Meeting Meeting Agenda February 27, 2017 47. Reference - Charlotte Business INClusion Policy The following excerpts from the City’s Charlotte Business INClusion Policy are intended to provide further explanation for those agenda items which reference the Charlotte Business INClusion Policy in the business meeting agenda. Part A: Administration & Enforcement Appendix Section 20: Contract: For the purposes of establishing an MWSBE subcontracting goal on a Contract, the following are examples of contract types: § Any agreement through which the City procures services from a Business Enterprise, other than Exempt Contracts. § Contracts include agreements and purchase orders for (a) construction, re-construction, alteration and remodeling; (b) architectural work, engineering, surveying, testing, construction management and other professional services related to construction; and (c) services of any nature (including but not limited to general consulting and technology-related services) , and (d) apparatus, supplies, goods or equipment. § The term “Contract” shall also include Exempt Contracts for which an SBE, MBE or WBE Goal has been set. § Financial Partner Agreements, Development Agreements, and Construction Manager-at-Risk Agreements shall also be deemed “Contracts,” but shall be subject to the provisions referenced in the respective Parts of the Charlotte Business INClusion Program Policy. Appendix Section 27: Exempt Contracts: Contracts that fall within one or more of the following categories shall be “Exempt Contracts” from all aspects of the Charlotte Business INClusion Policy, unless the Department responsible for procuring the Contract decides otherwise: No Competitive Process Contracts: Contracts or purchase orders that are entered into without a competitive process, or entered into based on a competitive process administered by an entity other than the City shall be Exempt Contracts, including but not limited to contracts that are entered into by sole sourcing, piggybacking, buying off the North Carolina State contract, buying from a competitive bidding group purchasing program as allowed under G.S. 143-129(e)(3), or using the emergency procurement procedures established by the North Carolina General Statutes. Managed Competition Contracts: Managed competition contracts pursuant to which a City Department or division competes with Business Enterprises to perform a City function shall be Exempt Contracts. Real Estate Leasing and Acquisition Contracts: Contracts for the acquisition or lease of real estate shall be Exempt Contracts. Federal Contracts Subject to DBE Requirements: Contracts that are subject to the U.S. Department of Transportation Disadvantaged Business Enterprise Program as set forth in 49 CFR Part 26 or any successor legislation shall be Exempt Contracts. State Contracts Subject to MWBE Requirements: Contracts for which a minority and women business participation goal is set pursuant to G.S. 143-128.2(a) due to a building project receiving funding from the State of North Carolina shall be Exempt Contracts. Financial Partner Agreements with DBE or MWBE Requirements: Contracts that are subject to a disadvantaged business development program or minority and women business development program maintained by a Financial Partner shall be Exempt Contracts. Interlocal Agreements: Contracts with other units of federal, state, or local government shall be Exempt Contracts. Contracts for Legal Services: Contracts for legal services shall be Exempt Contracts, unless otherwise indicated by the City Attorney. Contracts with Waivers: Contracts for which the SBO Program Manager or the City Manager waives the SBO Program requirements shall be Exempt Contracts (such as when there are no SBE subcontracting City of Charlotte Page 51 Printed on 2/24/2017 City Council Business Meeting Meeting Agenda February 27, 2017 opportunities on a Contract). Special Exemptions: Contracts where the Department and the Program Manager agree that the Department had no discretion to hire an SBE (e.g., emergency contracts or contracts for banking or insurance services) shall be Exempt Contracts. Appendix Section 35: Informal Contracts: Contracts and purchase orders through which the City procures services from a Business Enterprise that fall within one of the following two categories: Construction Contracts Less Than or Equal To $500,000: Service and Commodities Contracts That Are Less Than or Equal To $100,000: Part B: Formal Construction Bidding Part B: Section 2.1: When the City Solicitation Documents for a Construction Contract contain an MWSBE Goal, each Bidder must either: (a) meet the MWSBE Goal, or (b) comply with the Good Faith Negotiation and Good Faith Efforts requirements. Failure to do so constitutes grounds for rejection of the Bid. The City Solicitation Documents will contain certain forms that Bidders must complete to document having met these requirements. Part B: Section 2.3: No Goals When There Are No Subcontracting Opportunities. The City shall not establish Subcontracting Goals for Contracts where: a) there are no subcontracting opportunities identified for the Contract; or b) there are no SBEs, MBEs or WBEs (as applicable) to perform scopes of work or provide products or services that the City regards as realistic opportunities for subcontracting. Part C: Services Procurement Part C: Section 2.1: When the City Solicitation Documents for a Service Contract do not contain an SBE Goal, each Proposer must negotiate in good faith with each MWSBE that responds to the Proposer’s solicitations and each MWSBE that contacts the Proposer on its own accord. Additionally, the City may negotiate a Committed SBE Goal with the successful Proposer after the Proposal Opening. Part C: Section 2.1: No Goal When There Are No MWSBE Subcontracting Opportunities. The City shall not establish an MWSBE Goal for Service Contracts where there are no MWSBEs certified to perform the scopes of work that the City regards as realistic opportunities for subcontracting. Part D: Post Contract Award Requirements Part D: Section 6: New Subcontractor Opportunities/Additions to Scope, Contract Amendments If a Contractor elects to subcontract any portion of a Contract that the Contractor did not previously identify to the City as a subcontracting opportunity, or if the scope of work on a Contract increases for any reason in a manner that creates a new MWSBE subcontracting opportunity, the City shall either: § Notify the Contractor that there will be no Supplemental MWSBE Goal for the new work; or § Establish and notify the Contractor of a Supplemental MWSBE Goal for the new work. City of Charlotte Page 52 Printed on 2/24/2017 City Council Business Meeting Meeting Agenda February 27, 2017 48. Reference - Property Transaction Process Property Transaction Process Following City Council Approval for Condemnation The following overview is intended to provide further explanation for the process of property transactions that are approved by City Council for condemnation. Approximately six weeks of preparatory work is required before the condemnation lawsuit is filed. During this time, City staff continues to negotiate with the property owner in an effort to reach a mutual settlement. § If a settlement is reached, the condemnation process is stopped, and the property transaction proceeds to a real estate closing. § If a settlement cannot be reached, the condemnation lawsuit is filed. Even after filing, negotiations continue between the property owner and the City’s legal representative. Filing of the condemnation documents allows: - The City to gain access and title to the subject property so the capital project can proceed on schedule. - The City to deposit the appraised value of the property in an escrow account with the Clerk of Court. These funds may be withdrawn by the property owner immediately upon filing, and at any time thereafter, with the understanding that additional funds transfer may be required at the time of final settlement or at the conclusion of litigation. § If a condemnation lawsuit is filed, the final trial may not occur for 18 to 24 months; however, a vast majority of the cases settle prior to final trial. The City’s condemnation attorney remains actively engaged with the property owner to continue negotiations throughout litigation. - North Carolina law requires that all condemnation cases go through formal non-binding mediation, at which an independent certified mediator attempts to facilitate a successful settlement. For the minority of cases that do not settle, the property owner has the right to a trial by judge or jury in order to determine the amount of compensation the property owner will receive. City of Charlotte Page 53 Printed on 2/24/2017 City Council Business Meeting Meeting Agenda February 27, 2017 49. Reference - Property Acquisitions and Condemnations § The City has negotiated in good faith to acquire the properties set forth below § For acquisitions, the property owner and staff have agreed on a price based on appraisals and/or estimates. § In the case of condemnations, the value was established by an independent, certified appraisal followed by a third-party appraisal review. § Real Estate staff diligently attempts to contact all property owners by: - Sending introductory letters via regular and certified mail, - Making several site visits, - Leaving door hangers and business cards, - Seeking information from neighbors, - Searching the internet, - Obtaining title abstracts, and - Leave voice messages. § For most condemnation cases, City staff and the property owner(s) have been unable to reach a settlement. In some cases, condemnation is necessary to ensure a clear title to the property. § If the City Council approves the resolutions, the City Attorney’s office will initiate condemnation proceedings. As part of the condemnation process, real estate staff and the City Attorney’s Office will continue to negotiate, including court-mandated mediation, in an attempt to resolve the matter. Most condemnation cases are settled by the parties prior to going to court. § If a settlement cannot be reached, the case will proceed to a trial before a judge or jury to determine “just compensation.” § Full text of each resolution is on file with the City Clerk’s Office. § The definition of easement is a right created by grant, reservation, agreement, prescription, or necessary implication, which one has in the land of another, it is either for the benefit of land, such as right to cross A to get to B, or “in gross,” such as public utility easement. § The definition of fee simple is an estate under which the owner is entitled to unrestricted powers to dispose of the property, and which can be left by will or inherited, commonly, synonym for ownership. City of Charlotte Page 54 Printed on 2/24/2017