City Council Business Meeting

City of Charlotte Charlotte-Mecklenburg Government Center 600 East 4th Street Charlotte, NC 28202 Meeting Agenda Monday, March 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 March 27, 2017 5:00 P.M. DINNER BRIEFING, CHARLOTTE-MECKLENBURG GOVERNMENT CENTER, ROOM 267 1. Mayor and Council Consent Item Questions Staff Resource(s): Kim Eagle, 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. City Manager’s Comments City of Charlotte Page 2 Printed on 3/28/2017 City Council Business Meeting Meeting Agenda March 27, 2017 3. Eastland Mall Redevelopment Update Committee Chair: Council member James Mitchell Staff Resource(s): Patrick Mumford, Neighborhood and Business Services Todd DeLong, Neighborhood and Business Services Ed McKinney, Planning Time: 20 minutes Explanation § The purpose of the presentation is to provide an update on the Request for Qualifications (RFQ) process outcome and the timeline to develop the Eastland Mall Redevelopment Strategy. This strategy will provide the development market a clear picture of what is acceptable from a design standpoint and what is economically feasible for the site. The strategy also will assist City staff in creating a flexible, action-oriented development framework that clearly outlines the steps toward marketing the property, evaluating development proposals, and unlocking underutilized assets in the Eastland area. § In November 2016, the City issued an RFQ to solicit multi-disciplinary development advisory teams to assist efforts in redeveloping and revitalizing the former Eastland Mall property. § In December 2016, the City received 15 responses from advisory teams from across the country. § In January 2017, City staff reviewed and evaluated each of the submittals to determine which response best aligned with the objectives outlined by the community and City Council. § The staff selected Jacobs Engineering Group Inc. to lead the project. The firm is headquartered in Dallas, Texas, and its Atlanta office will be managing the project. The project team is a make-up of a diverse group of experienced innovators, city planners, strategists, engineers, engagement specialists, and designers. Their work could encompass two phases: - Phase One is proposed to occur throughout April and early May, and is intended as a due diligence effort to identify and understand challenges that currently prohibit redevelopment. Activities in this phase, guided by stakeholder group input, will encourage early stage incremental development to illustrate action and will include: § Sprint Start: a one-day interactive workshop with the goal to develop clear expectations of project scope in order to effectively launch the project § Developer Forum: engagement of local and regional developers to define development requirements, identify barriers, and gauge project feasibility/interest § Tactical Urbanism Workshop: identification of additional near-term activities for the site § Lean Scan: design of an approach to encourage small-scale development and community building § Cost: $145,000 - Phase Two could begin in late May as a separate body of work only if developers and other key stakeholders identify information gaps based on results of Phase One. Examples of additional analysis and deliverables in this phase could include: § Market feasibility analysis § Master plan, design guidelines, and regulatory framework § Cost estimates and site programming § Marketing plan and solicitation of potential development partners § Cost: to be determined and not to exceed $430,000 § On Thursday, March 9, 2017, Neighborhood & Business Services presented to the City Council Economic Development Committee a project update and outlined the advisory team’s scope of work. The Committee voted unanimously (Mitchell, Ajmera, Eiselt, and Mayfield voted yes; Driggs was not present) to recommend this item for consideration by the full City Council. City of Charlotte Page 3 Printed on 3/28/2017 City Council Business Meeting Meeting Agenda March 27, 2017 Future Action § City Council will be asked to authorize the City Manager to approve a contract with the advisory team selected to develop a redevelopment framework and strategy for the former Eastland Mall site on the Monday, March 27th Business Agenda, Business item #17. SCAN - PP EASTLAND MALL REDEVELOPMENT UPDATE.pdf 4. CATS Update Staff Resource(s): John Lewis, CATS Time: 15 minutes Explanation § CATS will share information on the following topics: - Results from the recent customer satisfaction survey, - Good news regarding Charlotte Gateway Station Tiger Grant, and - Blue Line Extension project council agenda items. Future Action Staff is asking the City Council to consider the following actions as part of tonight’s agenda: - LYNX Blue Line Extension Civil A Settlement Contract Amendment: Business, Item #18 - LYNX Blue Line Extension Support Services Contract Amendment: Business, Item #19 - LYNX Blue Line Extension Maintenance Shops and Exhaust Fans Contract Amendment: Consent, Item #48 SCAN - PP CATS FIXED ROUTE & LYNX CUSTOMER SURVEYS.pdf 5. Answers to Mayor and Council Consent Item Questions Staff Resource(s): Kim Eagle, City Manager’s Office Time: 10 minutes Synopsis Staff responses to questions from the beginning of the dinner meeting. 6. 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 4 Printed on 3/28/2017 City Council Business Meeting Meeting Agenda March 27, 2017 Call to Order Roll Call Introductions Invocation Pledge of Allegiance City of Charlotte Page 5 Printed on 3/28/2017 City Council Business Meeting Meeting Agenda March 27, 2017 7. Consent agenda items 25 through 71 may be considered in one motion except for those items removed by a Council member. Items are removed by notifying the City Clerk. Consideration of Consent Items shall occur in the following order: A. Items that have not been pulled, and B. Items with citizens signed up to speak to the item. City of Charlotte Page 6 Printed on 3/28/2017 City Council Business Meeting Meeting Agenda March 27, 2017 6:30 P.M. AWARDS AND RECONITIONS AND CITIZENS' FORUM 8. Women’s History Month Recognition Action: In honor of Women’s History Month there are two recognitions: · Mayor Roberts will read a proclamation honoring the role of women in the restaurant industry with an impact of $782.7 billion annually. · Council member Mitchell will recognize seven women business owners who have completed the Charlotte Women’s Business Center Academy. 9. National Multiple Myeloma Awareness Month Proclamation Action: Mayor Roberts will read a proclamation recognizing the month of March as National Multiple Myeloma Awareness Month. 10. Child Abuse Prevention Month Proclamation Action: Mayor Roberts will read a proclamation recognizing the month of April as Child Abuse Prevention Month. 11. Day of National Service Proclamation Action: Mayor Roberts will read a proclamation recognizing April 4, 2017, as the Day of National Service. 12. Universoul Circus Proclamation Action: Council member Ajmera will read a proclamation recognizing the week of March 14 - 19, 2017 as Universoul Circus Week in Charlotte. City of Charlotte Page 7 Printed on 3/28/2017 City Council Business Meeting Meeting Agenda March 27, 2017 ZONING 13. Rezoning Petition 2016-097 Action: Render a decision on rezoning petition 2016-097 by Simonini Saratoga Foxcroft, LLC - From R-3, (single family residential) - To UR-1 (CD) (urban residential, conditional) Staff Resource(s): Tammie Keplinger, Planning Explanation § The public hearing on this rezoning petition was held on February 20, 2017. § The property is approximately 6.32 acres located on the east side of Sharon Lane between Providence Road and Heathmoor Lane. (Council District 6 - Smith) § The petition proposes the redevelopment of five single family home sites for 24 duplex (single family attached) dwelling units in 12 buildings in the Foxcroft area. § The petitioner made changes to the rezoning petition after the Zoning Committee vote and the City Council voted on March 20, 2017 that the changes were not significant and voted by a three-fourths vote not to send the petition back to the Zoning Committee for further review. § The City Council then deferred the decision on this request to March 27 after a motion to deny failed by a vote of 5 to 4. § The Zoning Committee found this petition to be consistent with the South District Plan. Therefore, the petition was found to be reasonable and in the public interest based on the staff analysis and the public hearing. § The Zoning Committee voted 6-0 to recommend APPROVAL of this petition with the noted modifications. § Staff agrees with the recommendation of the Zoning Committee. Attachment(s) Zoning Committee Statement of Consistency Zoning Committee Recommendation Staff Analysis Vicinity Map Locator Map Site Plan 2016-097 consistency statements 2016-097_reco_3-1-17_final 2016-097_staff_2-20-17_final_final 2016-097 vicinity map revised 2016-097 rezoning map revised_labels 2016-097- final site plan 3-21-17 City of Charlotte Page 8 Printed on 3/28/2017 City Council Business Meeting Meeting Agenda March 27, 2017 POLICY 14. City Manager’s Report City of Charlotte Page 9 Printed on 3/28/2017 City Council Business Meeting Meeting Agenda March 27, 2017 15. City Council Awards and Recognitions Policy Action: Approve the Governance and Accountability Committee’s recommendation to adopt an Awards and Recognitions Policy. Committee Chair: Kenny Smith, Governance and Accountability Staff Resource(s): Katie McCoy, City Manager’s Office Stephanie Kelly, City Clerk’s Office Explanation § An Awards and Recognitions section is typically held at the start of the Council Business Meetings on the second Monday (first Business Meeting) of every month. § The Awards and Recognitions Policy found within the February 23, 2012 “Amendment to the 2012 Meeting Calendar” Council Action is comprised of: - Designating Awards and Recognitions to the second Monday night and limiting the number to five - In months with only one business meeting, reasonable accommodations will be made to provide opportunities for Awards and Recognitions and Citizen’s Forums to occur - Limiting Awards and Recognitions to no more than five minutes each Committee Discussion § On November 16, 2016, City Council referred the review of the Awards and Recognitions process to the Governance and Accountability Committee. § The Governance and Accountability Committee discussed the Awards and Recognitions process at its subsequent meetings in November, January, and February. § The Committee discussions included a review of: - The current Council Policy, Council Rules of Procedure, and City practices - A listing of all Awards and Recognitions during the 2016 calendar year - Survey results of Awards and Recognitions policies and practices of eight North Carolina cities, Mecklenburg County, and seven national cities § The Committee’s recommendations seek to implement best practices from other jurisdictions and provide more comprehensive and consistent standards for requesting and issuing Awards and Recognitions. This Policy is not intended to apply to internal staff awards and recognitions. Committee Recommendation § The Committee voted unanimously (Smith, Mayfield, Kinsey, Lyles, Phipps) on the following recommendations: - Maintain the current Council Policy of designating Awards and Recognitions to the second Monday night (first Business Meeting) and limiting the number to five - Standardize a request form developed and administered by the City that communicates the Council-approved criteria and parameters for Awards and Recognitions - Establish criteria for issuing City Council Awards and Recognitions: § Recognitions to be presented at Council Business Meetings in the form of a Proclamation. · Significant contributions and service to the community · Historic occasions that commemorate service to the community § Recognitions such as Proclamations, Awards, Certificates, and Ceremonial Letters not to be included during Council Business Meetings, but may be provided via mail, in person pick-up, or presentation at a community meeting · Charitable fundraising efforts City of Charlotte Page 10 Printed on 3/28/2017 City Council Business Meeting Meeting Agenda March 27, 2017 · Cultural events · Exceptional personal and professional accomplishments · Wedding anniversaries · Milestone birthdays · Funerals or memorials § Recognitions not to be issued on behalf of the City · Political in nature · Contrary to City policies and ordinances - Establish parameters for presentations of Awards and Recognitions at Council Business Meetings: § All Awards and Recognitions at Council Business Meetings will take the form of a Proclamation. § The Mayor or a Council designee reads the Proclamation from the dais. § Honorees in the Chamber will be recognized from their seats. § No remarks or presentations will be made during the meeting by the honorees. § Honorees may provide materials/items to the City Clerk immediately prior to the start of the meeting for distribution to the Mayor and Council. § Honorees will receive their Proclamation from the Mayor or Council member who read the Proclamation at the conclusion of the recognition. § Photo opportunities will be coordinated by City staff to occur outside the Business Meeting. § If approved, the effective date of the new Policy would be the April 10, 2017 Council Business Meeting. City of Charlotte Page 11 Printed on 3/28/2017 City Council Business Meeting Meeting Agenda March 27, 2017 16. Repeal of the 1994 Guidelines for Asset Management Action: Approve the Housing and Neighborhood Development Committee’s and the Budget Committee’s recommendation to repeal the Guidelines for Asset Management, which were adopted by City Council on July 25, 1994. Committee Chair(s): LaWana Mayfield, Housing and Neighborhood Development Greg Phipps, Budget Staff Resource(s): Gina Shell, Engineering and Property Management Tony Korolos, Engineering and Property Management Current Guidelines for Asset Management § The Guidelines for Asset Management (Guidelines) were developed by the Privatization/Competition Advisory Committee and adopted by City Council on July 25, 1994. The goal of the guidelines was to optimize the benefits of private ownership of property while meeting the City’s public policy objectives. § The Guidelines described a detailed process of real estate inventory analysis with a goal of asset privatization. This approach is narrow in its direction to generate revenue through land sales. § City Council priorities have expanded to broader strategic goals related to management of assets and the Guidelines are inadequate to support these priorities. § Staff will continue to work with the Housing and Neighborhood Development (HAND) Committee and Budget Committee to develop the replacement policy to manage the city’s overall real estate portfolio. - The new policy guidelines will be developed in the HAND Committee and reviewed by the Budget Committee for financial input this spring. - The guidelines will then be referred to the full Council for approval in May. § Until a new policy is recommended by the Committees and adopted by City Council, each property transaction will be presented to full City Council at a Business Meeting. HAND Committee Discussion § On March 8, 2017, the Housing and Neighborhood Development Committee voted unanimously (Mayfield, Austin, Ajmera, Driggs, and Kinsey) to recommend the repeal of the 1994 Guidelines for Asset Management. Budget Committee Discussion § On March 9, 2017, the Budget Committee voted unanimously (Phipps, Driggs, Kinsey, Lyles, and Mayfield) to recommend the repeal of the 1994 Guidelines for Asset Management. Attachments Attachment(s) 1994 Guidelines for Asset Management 1994 Guidelines for Asset Management City of Charlotte Page 12 Printed on 3/28/2017 City Council Business Meeting Meeting Agenda March 27, 2017 BUSINESS City of Charlotte Page 13 Printed on 3/28/2017 City Council Business Meeting Meeting Agenda March 27, 2017 17. Eastland Mall Redevelopment Advisory Services Action: A. Authorize the City Manager to negotiate and execute a contract with Jacobs Engineering Group Inc. for Phase One Eastland Mall redevelopment advisory services for the amount of $145,000 and, B. Only if developers and other key stakeholders identify information gaps based on results of Phase One, authorize the City Manager to expand the scope of the contract to include Phase Two for an additional amount not to exceed $430,000. Staff Resource(s): Patrick Mumford, Neighborhood and Business Services Todd DeLong, Neighborhood and Business Services Ed McKinney, Planning Explanation § The City purchased approximately 80.4 acres of the former Eastland Mall property in August 2012 as an opportunity to aid economic development and neighborhood stabilization in the area. Eastland Mall was demolished in 2013. § Staff continues to use the redevelopment principles created by the Eastland Area Strategies Team (EAST) as a guide for redeveloping the site: - Enhance the perceptions of the Eastland area and East Charlotte - Unify local communities - Create connectivity and walkability for surrounding neighborhoods - Take advantage of natural features - Create opportunity for civic development and equitable economic development. § These guiding principles serve as a foundation for the Eastland Mall Redevelopment Strategy. This strategy will provide the development market a clear picture of what is acceptable from a design standpoint and what is economically feasible for the site. The strategy also will assist City staff in creating a flexible, action-oriented development framework that clearly outlines the steps toward marketing the property, evaluating development proposals, and unlocking underutilized assets in the Eastland area. § On November 15, 2016, the City issued a Request for Qualifications to solicit (RFQ) multi-disciplinary development advisory teams to assist efforts in redeveloping and revitalizing the former Eastland Mall property. In response to the RFQ, the City received 15 proposals from interested service providers. § The project team, consisting of staff from Neighborhood and Business Services (NBS), Planning, and Management and Financial Services (MFS), evaluated the proposals. § The project team determined that Jacobs Engineering Group Inc. best met the City’s needs in terms of qualifications, experience, and responsiveness to the RFQ requirements and was asked to submit their project plan and pricing. The project team is a make-up of a diverse group of experienced innovators, city planners, strategists, engineers, engagement specialists, and designers. § An expanded City team consisting of staff from NBS, Planning, Transportation, Engineering and Property Management, and MFS met with Jacobs Engineering Group Inc. to further define the scope of the project, which could encompass two phases: - Phase One is proposed to occur throughout April and early May, and is intended as a due diligence effort to identify and understand challenges that currently prohibit redevelopment. Activities in this phase, guided by stakeholder group input, will encourage early stage incremental development to illustrate action and will include: § Sprint Start: a one-day interactive workshop with the goal to develop clear expectations of project scope in order to effectively launch the project § Developer Forum: engagement of local and regional developers to define City of Charlotte Page 14 Printed on 3/28/2017 City Council Business Meeting Meeting Agenda March 27, 2017 development requirements, identify barriers, and gauge project feasibility/interest § Tactical Urbanism Workshop: identification of additional near-term activities for the site § Lean Scan: design of an approach to encourage small-scale development and community building § Cost: $145,000 - Phase Two could begin in late May as a separate body of work only if developers and other key stakeholders identify information gaps based on results of Phase One. Examples of additional analysis and deliverables in this phase could include: § Market feasibility analysis § Master plan, design guidelines and regulatory framework § Cost estimates and site programming § Marketing plan and solicitation of potential development partners § Cost: to be determined and not to exceed $430,000 Committee Discussion § On Thursday, March 9, 2017, NBS presented to the City Council Economic Development Committee a project update and outlined the advisory team’s scope of work. The Committee voted unanimously (Mitchell, Ajmera, Eiselt, and Mayfield voted yes; Driggs was not present) to recommend this item for consideration by the full Council. Charlotte Business INClusion No subcontracting goal was established because there are no subcontracting opportunities (Part C: Section 2.1(a) of the Charlotte Business INClusion Policy). Fiscal Note Funding: General Community Investment Plan City of Charlotte Page 15 Printed on 3/28/2017 City Council Business Meeting Meeting Agenda March 27, 2017 18. LYNX Blue Line Extension Civil A Settlement Contract Amendment Action: Approve contract amendment #3 for $12,750,000 to Balfour Beatty Infrastructure, Inc. /Blythe Development Company, Joint Venture (BBJV) to provide civil construction in Segment A of the LYNX Blue Line Extension. Staff Resource(s): John Lewis, CATS Jennifer Smith, Engineering and Property Management Jill Brim, CATS Explanation § The LYNX Blue Line Extension (BLE) is being built in the railroad right-of-way in Segment A, which includes the relocation of a segment of freight track near 36th Street. § The City’s agreement with Norfolk Southern Railway (NSR) requires that the contractor comply with NSR requirements. § The NSR requirements have caused delays in the construction of drainage facilities, walls, bridge substructures, and culverts. § Balfour Beatty Infrastructure, Inc./Blythe Development Company (Balfour Beatty-Blythe Joint Venture, BBJV) has made monetary and schedule claims due to issues with the completion of the rail segment adjacent to NSR, including delays due to: - Unforeseen conditions, including utility conflicts and unknown underground obstructions; and - Additional testing, inspections, and approvals required by NSR for the freight track relocation work. § Contract amendment #3 in the amount of $12,750,000 will: - Settle all BBJV claims through January 1, 2017. BBJV submitted approximately $23.5 million in claims for schedule acceleration, inefficiencies, and other direct impacts. This amendment will settle all such BBJV claims. - Revise the Civil A contract completion date from January 20, 2017 to January 31, 2018. Extending BBJV’s Civil A completion date does not impact the start of revenue service. - Address extended overhead costs (field office, staff, supplies, utilities, etc.) for the additional 12 months of contract time. - Secure a release of claims from the follow-on Track and Systems contractor (Balfour Beatty Infrastructure Inc.) related to delays stemming from the Civil Segment A late completion. - Release BBJV from potential City Liquidated Damages claims for delays attributable to BBJV, as of February 1, 2017. - Replenish contingency for changes due to unforeseen conditions and other issues. § The new total value of the contract, including this amendment, will be $128,017,958.13, which is within the current BLE project budget. § This action was reviewed as part of the dinner briefing with City Council on February 27, 2017. Disadvantaged Business Enterprise Opportunity Any additional contract scope authorized by this contract amendment will be held to the original contract DBE goal of 17.50% for the Civil A contract. Fiscal Note Funding: CATS Community Investment Plan Attachment(s) LYNX Blue Line Extension Civil A Contract Amendment History City of Charlotte Page 16 Printed on 3/28/2017 City Council Business Meeting Meeting Agenda March 27, 2017 3-27AttachementItem16BLEHistory City of Charlotte Page 17 Printed on 3/28/2017 City Council Business Meeting Meeting Agenda March 27, 2017 19. LYNX Blue Line Extension Support Services Contract Amendments Action: A. Approve contract amendment #4 for up to $7,000,000 to the LYNX Blue Line Extension contract with HNTB North Carolina PC for construction management services, B. Approve contract amendment #7 for up to $3,500,000 to the LYNX Blue Line Extension contract with STV Engineers, Inc. for design and construction administration services, C. Approve contract amendment #3 for up to $800,000 to the contract with LTK Engineering for Light Rail Vehicle Engineering Support, and D. Approve contract amendment #7 for up to $700,000 to the LYNX Blue Line Extension contract with Kleinfelder Southeast, Inc. for construction materials testing and special inspection services. Staff Resource(s): John Lewis, CATS Jennifer Smith, Engineering & Property Management Jill Brim, CATS Explanation Action A § HNTB North Carolina PC contract amendment #4 in an amount up to $7,000,000 is needed due to the extended duration and testing requirements for Civil A and the extended overall completion schedule of the LYNX Blue Line Extension (BLE) project. § On November 12, 2012, the City Council approved Phase One of the construction management agreement in the amount of $3,000,000. Phase One was executed to allow work to begin while the primary contract was negotiated. § Three contract amendments have been approved to date. § The new total value of the contract, including this amendment, is an amount up to $61,964,506, which is within the current BLE project budget. Action B § STV Engineers Inc. contract amendment #7 in an amount up to $3,500,000 is needed due to the extended duration of the Civil A and Track and Systems contracts. § On March 26, 2012, the City Council approved up to $38,500,000 to provide design and construction administration services for the BLE project. The contract was executed at the lower amount of $38,033,949. § Six contract amendments have been approved to date. § The new total value of the contract, including all amendments, is $50,600,000, which is within the current BLE project budget. Action C § LTK Engineering contract amendment #3 in an amount up to $800,000 is needed to provide CATS with additional technical support and management oversight of the activation of rail service on the BLE. § On September 12, 2011, City Council approved a contract in an amount not to exceed $3,000,000 to provide engineering services for the BLE project related to light rail vehicle acquisition, testing and integration. § Two contract amendments have been approved to date. § The new total value of the contract, including this amendment, is an amount up to $3,850,000, City of Charlotte Page 18 Printed on 3/28/2017 City Council Business Meeting Meeting Agenda March 27, 2017 which is within the current BLE project budget. Action D § Kleinfelder Southeast, Inc. contract amendment #7 in an amount up to $700,000 is needed due to delays related to the completion of the civil work and added railroad requirements, which have affected the overall project completion date and extended Kleinfelder’s work by approximately 10 months. § In addition, the frequency of testing and inspections required by Norfolk Southern Railway has been more extensive than anticipated and has required additional testing staff. § On April 17, 2012, City Council awarded a contract in an amount up to $9,000,000 for Materials Testing and Special Inspections Services for the BLE project. § Six contract amendments have been approved to date. § The new total value of the contract, including this amendment, is an amount up to $10,700,000, which is within the current BLE project budget. Disadvantaged Business Enterprise Opportunity The additional contract scope authorized by these contract amendments will be held to the original contract DBE goals, as shown below. HNTB North Carolina PC: 9.0% STV Engineers Inc.: 15.80% LTK Engineering: 11.7% Kleinfelder Southeast Inc.: 11.75% Fiscal Note Funding: CATS Community Investment Plan Attachment(s) LYNX Blue Line Extension Contract Amendment History 3-27AttachmentItemNo17 LYNXBLEHistory 20. Nominations of the Chairperson and Vice-Chairperson to the Charlotte Business INClusion Advisory Committee Action: Nominate Charlotte Business INClusion Advisory Committee members to serve as specified. Staff Resource(s): Stephanie Kelly, City Clerk’s Office Explanation § On January 9, 2017, City Council approved the formation of the Charlotte Business INClusion (CBI) Advisory Board. § The City Council and Mayor have made their appointments; the board membership is complete. § The membership structure states the City Council will designate the initial Chairperson and Vice-Chairperson; thereafter the committee will elect leadership from membership. Attachment(s) Charlotte Business INClusion (CBI) Committee Members City of Charlotte Page 19 Printed on 3/28/2017 City Council Business Meeting Meeting Agenda March 27, 2017 21. Nominations to the Charlotte Housing Authority Action: Nominate citizens to serve as specified. Staff Resource(s): Stephanie Kelly, City Clerk’s Office Explanation § One appointment for a partial term beginning immediately and ending December 17, 2018. - William Scurry has resigned. § One appointment for a partial term beginning immediately and ending January 17, 2019. - Dimple Ajmera has resigned. Attachment(s) Charlotte Housing Authority Applicants 22. 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. § On February 27, 2017, the following applicants received the most votes, but not the required six votes for appointment: - Brenda Adams, 4 votes (Council members Ajmera, Fallon, Lyles, and Phipps) - Trici Davis, 4 votes (Council members Austin, Fallon, Lyles, and Phipps) - Tarik Hameed, 4 votes (Council members Driggs, Kinsey, Lyles, and Mayfield) § Please vote for two of the three applicants named below: - Brenda Adams - Trici Davis - Tarik Hameed Attachment(s) Keep Charlotte Beautiful Applicants City of Charlotte Page 20 Printed on 3/28/2017 City Council Business Meeting Meeting Agenda March 27, 2017 23. 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 partial terms beginning immediately and ending March 1, 2018. § On February 27, 2017, the following applicants received the most votes, but not the required six votes for appointment: - Marika Christie, 3 votes (Council members Austin, Mayfield, and Mitchell) - Matthew DeBoer, 3 votes (Council members Austin, Driggs, and Smith) - Christopher Ellan, 4 votes (Council members Driggs, Fallon, Kinsey and Lyles). - Daniel Herrera, 4 votes (Council members Austin, Mayfield, Mitchell, and Smith) - Ronald Maccaroni, 3 votes (Council members Driggs, Fallon, and Smith) - Tiffani Teachey, 5 votes (Council members Eiselt, Fallon, Kinsey, Lyles, and Phipps) § Matthew DeBoer has declined the nomination. § Christopher Ellan has been appointed by the Mayor. § Please vote for two of the four applicants named below: - Marika Christie - Daniel Herrera - Ronald Maccaroni - Tiffani Teachey Attachment(s) Privatization/Competition Committee Applicants 24. Mayor and City Council Topics The City Council members may share information and raise topics for discussion. City of Charlotte Page 21 Printed on 3/28/2017 City Council Business Meeting Meeting Agenda March 27, 2017 CONSENT 25. Solid Waste Services Multi-Family Refuse Collection Contract Extension Action: Approve a 12-month extension to the Multi-Family and Public Facilities Refuse, Recycling, and Bulky Item Collection Services contract with BFI Waste Services, LLC doing business as Republic Services of Charlotte. Staff Resource(s): Victoria Johnson, Solid Waste Services Explanation § Solid Waste Services provides contracted refuse, recycling, and bulky item collection services to multi-family residential units and public facilities. § Over the past several budget cycles, City Council and staff have evaluated potential changes to multi-family service provision. Given the on-going policy considerations, staff opted to suspend a Request for Proposal process initiated in August 2014 for the following reasons: - At the time, it was unclear whether the City would continue to provide the service for a five-year duration, and - The best unit pricing options typically are for contract terms for five years or more due to the upfront investment in capital equipment; therefore extending the existing contract provided the most cost-effective option for ensuring continued service. § The additional extension to the existing BFI Waste Services contract is needed to prevent service interruption to approximately 123,000 multi-family residential units and 100 public facilities to allow a new solicitation process for a longer term contract to be conducted in Fiscal Year 2018. § The estimated expenditure for the additional 12-month term is $5,012,200 which includes unit price increases over the current contract and growth in the number of complexes serviced. Background § On September 27, 2010, City Council approved an initial contract with BFI Waste Services, doing business as Republic Services of Charlotte. § On August 25, 2014, City Council approved a contract amendment to include bulky item collection to single-family residents. The amendment allowed for City resources to assume recycling collection services during a transition period between recycling contractors. § On June 22, 2015, City Council approved an 18-month contract extension to maintain service continuity to multi-family residential units and public facilities. Charlotte Business INClusion No subcontracting goal was established for this contract extension because there are no subcontracting opportunities (Part D. Section 6 of the Charlotte Business INClusion Policy). Fiscal Note Funding: Solid Waste Services Operating Budget City of Charlotte Page 22 Printed on 3/28/2017 City Council Business Meeting Meeting Agenda March 27, 2017 26. Americans with Disabilities Act Pedestrian Facilities Inventory and Assessment Services Action: Approve a contract in the amount of $2,928,898 to Cole and Associates, Inc. for American with Disabilities Act Pedestrian Facilities Inventory and Assessment Services. Staff Resource(s): Tracy Van Tassell, Transportation Explanation § The City of Charlotte strives to provide and to maintain pedestrian facilities accessible for all users. § The contract with Cole and Associates, Inc. will provide an inventory and assessment of existing conditions of pedestrian facilities in the public rights-of-way. - Cole and Associates, Inc. will collect rights-of-way facilities data, rate the condition of facilities, identify obstructions, and recommend changes to ensure that accessibility is provided for all users of the public rights-of-way. § The following City rights-of-way need to be assessed: - 2,300 miles of sidewalk, - 758 intersections with traffic signals, and - 33,500 curb ramps. § The information collected through the inventory and assessment will be used to determine what facilities are compliant. The data will then allow the City to prioritize alterations for any non-compliant items identified through the assessment. § On October 21, 2016, the City issued a Request for Qualifications (RFQ) for Right-of-Way Inventory and Assessment Services. In response to the RFQ, the City received seven proposals. § The Project Team, consisting of staff from Management & Financial Services, Charlotte Department of Transportation, CATS, and Engineering and Property Management, evaluated the proposals and determined that Cole and Associates best meets the City’s needs in terms of qualifications, experience, cost, and responsiveness to RFQ requirements. § The contract will be paid based on milestone deliverables over an approximate four-year term. Charlotte Business INClusion Established MWSBE Goal: 10% Committed MWSBE Goal: 10% Cole and Associates met the established MWSBE subcontracting goal, and has committed 10% ($292,898) of the total contract amount to the following certified SBE firm (Part B: Section 3 of the Charlotte Business INClusion Policy): § HensonFoley Design, Inc. (SBE) ($292,898) (inventory data collection) Fiscal Note Funding: Transportation Community Investment Plan City of Charlotte Page 23 Printed on 3/28/2017 City Council Business Meeting Meeting Agenda March 27, 2017 27. Metrolina Regional Travel Demand Model Action: A. Adopt a resolution to approve interlocal agreements to reimburse the City of Charlotte for the development and maintenance of the Metrolina Regional Travel Demand Model for a term of five years with the following local governments: - City of Concord, - City of Gastonia, and - City of Rock Hill. B. Authorize the City Manager to negotiate municipal agreements to reimburse the City of Charlotte for the development and maintenance of the Metrolina Regional Travel Demand Model for a term of five years with the following state agencies: - North Carolina Department of Transportation, and - South Carolina Department of Transportation. C. Adopt a budget ordinance appropriating $113,270.38 to the General Community Improvement Fund. Staff Resource(s): Anna Gallup, Transportation Explanation § The Metrolina Regional Travel Demand Model is a computer modeling tool for evaluating existing and future travel in the Metrolina Region. § Ongoing refinement and updates of the Metrolina Regional Travel Demand Model are necessary to maintain the state-of-the-practice travel demand model as required by the U.S. Department of Transportation for air quality conformity determinations, highway travel forecasts, and transit ridership forecasts. § The Charlotte Department of Transportation (CDOT) is the custodian of the Metrolina Regional Travel Demand Model for an 11 county, bi-state region. The City of Charlotte is responsible for managing all model related work completed by both staff and consultants. § The work is necessary to maintain the travel demand model required by United States Department of Transportation for air quality conformity determinations, highway travel forecasts, and transit ridership forecasts. § The terms of these agreements provide for the reimbursement of expenses related to the development and model maintenance of the Metrolina Regional Model. § The Metrolina Regional Travel Demand Model work is jointly funded by the following agencies: - North Carolina Department of Transportation (NCDOT), - South Carolina Department of Transportation (SCDOT), - Cabarrus-Rowan Metropolitan Planning Organization (CRMPO), - Charlotte Regional Transportation Planning Organization (CRTPO), - Gaston-Cleveland-Lincoln MPO (GCLMPO), and - Rock Hill-Fort Mill Area Transportation Study (RFATS). § The Fiscal Year 2017 reimbursement shares for each state agency are: - NCDOT: 45% share in the amount of $72,000 - SCDOT: 5% share in the amount of $8,000. § The MPOs’ reimbursement shares comprise the other 50%. The MPO shares are proportioned based on the 2010 Census population of the MPOs’ cost: - Concord on behalf of CRMPO: 7.317% share in the amount of $11,707.49 - Gastonia on behalf of GCLMPO: 8.843% share in the amount of $14,148.92 - Rock Hill on behalf of RFATS: 4.634% share in the amount of $7,413.97 City of Charlotte Page 24 Printed on 3/28/2017 City Council Business Meeting Meeting Agenda March 27, 2017 § The total reimbursement share for the state agencies and MPOs equal $113,270.38 § The cost share of the agreement for the City of Charlotte ($5,229) and CRTPO ($46,729.62) is included in the City’s Fiscal Year 2017 annual budget; therefore, does not require a budget ordinance to appropriate funds. Fiscal Note Funding: NCDOT, SCDOT, Cities of Rock Hill, Gastonia, and Concord, CRTPO, and City of Charlotte Attachment(s) Budget Ordinance Resolution CDOT ord 3-27-17 Air Quality Modeling Metrolina Regional Travel Demand Model Resolution_170327 28. Private Developer Funds Appropriation Action: Adopt a budget ordinance appropriating $100,000 in private developer funds for the following: - A new traffic signal from Carmel Baptist Church, - Signal modifications from Lennar Carolinas LLC, and - Pedestrian signal modifications from Batson-Cook Company Staff Resource(s): Scott Putnam, Transportation Explanation § Lennar Carolinas LLC contributed $26,000 for signal modifications at the intersection of Choate Circle and Carowinds Boulevard. § Carmel Baptist Church contributed $73,000 for a new traffic signal at the intersection of Reverdy Lane and Pineville-Matthews Road. § Batson-Cook Company contributed $1,000 toward the installation of a pedestrian signal at Church Street and 9th Street. § Payments made by the developers are in response to estimates of work prepared by the Charlotte Department of Transportation (CDOT) and supplied to the developers. § The $100,000 is restricted to traffic signals, upgrades, and related work associated with the developers’ projects. § Any funding contributed by developers for signal projects that is unused by the City will be refunded after project completion. § CDOT will install and operate these signals as part of the existing signal systems in the area. Fiscal Note Funding: Private Developer Contributions Attachment(s) Map Budget Ordinance Traffic Signal Improvements 030317 CDOT ord 3-27-17 Developer Contributions City of Charlotte Page 25 Printed on 3/28/2017 City Council Business Meeting Meeting Agenda March 27, 2017 29. Liquid Asphalt for Roadway Repairs Action: A. Award a unit price contract to the lowest responsive bidder Blythe Construction for the purchase of liquid asphalt for one year, and B. Authorize the City Manager to renew the contract for up to four additional, one-year terms with possible price adjustments and to amend the contract consistent with the City’s business needs and the purpose for which the contract was approved. Staff Resource(s): Charles Jones, Transportation Explanation § The Charlotte Department of Transportation (CDOT) uses liquid asphalt in the repair and construction of asphalt, including pavements, potholes, utility patches, and street paving. The liquid asphalt provides a finished roadway surface. § CDOT requires a local pickup facility within Mecklenburg County due to material storage requirements. Local pickup provides the flexibility to secure small quantities of material as needed and have deliveries of the material available for larger jobs. § On January 23, 2017, Management and Financial Services issued an Invitation to Bid for Liquid Ashphalt; one bid was received from interested vendors. The one bid received was withdrawn by the vendor within 72 hours of bid opening per state statutes due to a mistake within their bid. § On February 15, 2017, Management and Financial Services issued a second Invitation to Bid; one bid was received from Blythe Construction. § Staff evaluated and determined Blythe Construction’s bid to be fair and reasonable by factoring industry and market pricing with the expected value and quality of liquid asphalt. § The vendor will be paid 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 Monthly Terminal Asphalt Binder Prices index published monthly by the North Carolina Department of Transportation. § Estimated annual expenditures are $500,000. Charlotte Business INClusion No subcontracting goal is established because there are no subcontracting opportunities (Part B: Section 2.3 of the Charlotte Business INClusion Policy). Fiscal Note Funding: Powell Bill Street Maintenance Fund City of Charlotte Page 26 Printed on 3/28/2017 City Council Business Meeting Meeting Agenda March 27, 2017 30. Sunset Road Sidewalk Project Action: Award a contract in the amount of $1,079,846.25 to the lowest responsive bidder B & N Grading, Inc. for the Sunset Road Sidewalk project. Staff Resource(s): Allison Brickey, Engineering and Property Management Explanation § The Sunset Road Sidewalk project will support the City’s Sidewalk Program to enhance connectivity, offer transportation choices, and improve pedestrian safety. § The project includes the construction of new sidewalk along Sunset Road between Beatties Ford Road and Statesville Road (approximately 5,300 feet). Sidewalk will be installed on both sides of the street where not already provided. - The sidewalk will be six-feet-wide with an eight-foot planting strip, where feasible. - The project will also include midblock pedestrian refuge islands, as well as upgrades to CATS bus stops along the corridor. § On December 22, 2016, the City issued an Invitation to Bid for Sunset Road Sidewalk; four bids were received from interested service providers. § B & N Grading, Inc. was selected as the lowest responsive, responsible bidder. § The project is anticipated to be complete by second quarter of 2018. Background § In February 2014, the City Council approved a municipal agreement with the North Carolina Department of Transportation to construct a sidewalk on this portion of Sunset Road. § The total project cost is estimated at $1,848,000. § As part of the agreement, the City is eligible for up to $1,386,000 in reimbursement (75%) for real estate and construction costs through the Federal Congestion Mitigation and Air Quality Improvement Program. § The remaining balance of $462,000 will be paid by the City. Disadvantaged Business Enterprise (DBE) Established DBE Goal: 4.0% Committed DBE Goal: 20.17% BandN Grading exceeded the established subcontracting goal, and has committed 20.17% ($217,764.80) of the total contract amount to the following certified DBE firms: § Bullington Construction (DBE, SBE) ($115,164.80) (metal rail) § RRC Concrete (DBE, SBE) ($80,000) (concrete curb and gutter) § Reynolds Fence and Guardrail (DBE) ($12,600) (steel beam guardrail) § Streeter Trucking (DBE, MBE, SBE) ($10,000) (debris removal) Note: This is a North Carolina Department of Transportation project with DBE Goals as a result of federal funding. Fiscal Note Funding: General Community Investment Plan Attachment(s) Map Location Map - Sunset Road Sidewalk City of Charlotte Page 27 Printed on 3/28/2017 City Council Business Meeting Meeting Agenda March 27, 2017 31. Tuckaseegee/Berryhill/Thrift Road Roundabout Action: A. Authorize the City Manager to execute a Supplemental Municipal Agreement with the North Carolina Department of Transportation in the amount of $1,628,750, B. Adopt a resolution accepting Surface Transportation Program Direct Allocation funds from the North Carolina Department of Transportation in the amount of $1,303,000, and C. Adopt a budget ordinance appropriating $1,303,000 in North Carolina Department of Transportation funds. Staff Resource(s): Alan Morrison, Engineering and Property Management Explanation § The Tuckaseegee/Thrift/Berryhill Road Roundabout project will build a roundabout in place of the existing signal-controlled intersection to reduce congestion and enhance traffic flow. § On November 9, 2015, City Council approved a Municipal Agreement in the amount of $2,800,000 for the Tuckaseegee/Thrift/Berryhill Road Roundabout project. The cost allocation was as follows: - North Carolina Department of Transportation (NCDOT) funds: $1,847,000, and - City of Charlotte funds: $953,000. § During the design phase, staff realized additional funding would be needed over the engineer’s original estimate. - The original estimate was based on a functional concept design without survey or utility data inventory. This approach is normal business practice for purposes of meeting the grant submission timeframe. § The field survey was completed during the planning phase. As a result, staff requested NCDOT to provide Surface Transportation Program Direct Allocation funds. § The supplemental agreement for $1,628,750 is allocated as follows: - NCDOT funds: $1,303,000 - City of Charlotte funds: $325,750. § The total project cost including this supplemental agreement is $4,428,750 and is allocated as follows: - NCDOT funds: $1,847,000 + $1,303,000 = $3,150,000 - City of Charlotte funds: $953,000 + $325,750 = $1,278,750 Fiscal Note Funding: North Carolina Department of Transportation Surface Transportation Program and the City’s General Community Investment Plan Attachment(s) Map Budget Ordinance Resolution Project Location Map EPM ord 3-27-17 NCDOT Contribution Resolution for Supplemental MA Tuck_Thrift_Berryhill RA City of Charlotte Page 28 Printed on 3/28/2017 City Council Business Meeting Meeting Agenda March 27, 2017 32. Scaleybark Road Traffic Calming Change Order Action: Approve change order #1 for $137,804.04 to Sealand Contractors Corp. for Scaleybark Road Traffic Calming project. Staff Resource(s): Bryan Tarlton, Engineering and Property Management Imad Fakhreddin, Engineering and Property Management Explanation § The Scaleybark Road Traffic calming project is complete and included traffic calming features and pavement markings to delineate alternate street uses including on-street parking and bicycle lanes along Scaleybark Road between Conway Avenue and Woodlawn Road. § On July 27, 2015, the City Council awarded the original contract in the amount of $1,433,650.61 § Change order #1 in the amount of $137,804.04 will provide funds to accommodate the following: - Additional water line, pavement repair, traffic control and storm drainage, - Updating and replacing existing sidewalk ramps to meet Public-Rights-of-Way Accessibility Guidelines Standards. § The new total value of the contract including this change order is $1,571,454.65 and is within the existing project budget. Charlotte Business INClusion All additional work involved in this change order was performed by Sealand Contractors and their existing subcontractors (Part D: Section 6 of the Charlotte Business INClusion Policy). Fiscal Note Funding: General Community Investment Plan and Storm Water Community Investment Plan Attachment(s) Map Location Map - Scaleybark Road Traffic Calming City of Charlotte Page 29 Printed on 3/28/2017 City Council Business Meeting Meeting Agenda March 27, 2017 33. West Fourth Street Extension Streetscape Action: Award a contract in the amount of $1,168,348.50 to the lowest responsive bidder United of Carolinas, Inc. for the West Fourth Street Extension Streetscape project. Staff Resource(s): Lamar Davis, Engineering and Property Management Explanation § The West Fourth Street Extension Streetscape project (Project) will reduce the number of travel lanes by narrowing the roadway to create wider sidewalks, planting strips, medians with pedestrian refugee, bike lanes, street trees, and storm drainage improvements. The project limits are from the I-77 Bridge to Wesley Heights Way. § The Project was originally part of the Johnson and Wales Way and Fourth Street project, completed in August 2015. Due to insufficient funding, this portion along West Trade Street was placed on hold until additional funding became available. § The Project was again identified and ranked a high priority during the West Trade Street Rozzelles Ferry Comprehensive Neighborhood Improvement Public Involvement process. § On January 5, 2017, the City issued an Invitation to Bid; six bids were received from interested service providers. § United of Carolinas, Inc. was selected as the lowest responsive, responsible bidder. § The project is anticipated to be complete by fourth quarter 2018. Charlotte Business INClusion Established SBE Goal: 15.00% Committed SBE Goal: 16.69% United of Carolinas, Inc. exceeded the established SBE subcontracting goal, and has committed 16.69% ($195,000) of the total contract amount to the following certified firms (Part B: Section 3 of the Charlotte Business INClusion Policy): § R.R.C. Concrete Inc. (SBE) ($175,000) (concrete) § Cesar A Leon L.L.C. (SBE) ($20,000) (hauling) Established MBE Goal: 5.00% Committed MBE Goal: 0.00% MBE Utilization with non-City certified MBEs: 16.69%* United of Carolinas, Inc. failed to meet the established MBE subcontracting goal, but earned the minimum Good Faith Effort Points (Part B: Section 5 of the Charlotte Business INClusion Policy). *At bid, United of Carolinas, Inc. committed 16.69% ($195,000) of the total contract amount to the following NCDOT MBE certified firms: § R.R.C. Concrete Inc. (SBE, NCDOT MBE) ($175,000) (concrete) § Cesar A Leon L.L.C. (SBE, NCDOT MBE) ($20,000) (hauling) Both R.R.C. Concrete and Cesar Leon are in the process of obtaining their MBE certification with the NC Historically Underutilized Business Office. A further detailed write-up of United of Carolinas, Inc.’s Good Faith Efforts is attached. Fiscal Note Funding: General Community Investment Plan Attachment(s) Map City of Charlotte Page 30 Printed on 3/28/2017 City Council Business Meeting Meeting Agenda March 27, 2017 Good Faith Effort Location Map - West Fourth Street Extension Streetscape Good Faith Efforts Summary for West 4th Street Extension Project 34. 25th Street Extension Contract Amendment Action: Approve contract amendment #1 for $149,700 to Kimley-Horn and Associates, Inc. for additional design services. Staff Resource(s): Jim Keenan, Engineering and Property Management Explanation § On November 11, 2013, the City Council approved a contract in the amount of $478,060 for engineering services associated with the 25th Street Extension project. § The project, included in the Northeast Corridor Infrastructure Program, provides connectivity to the LYNX Blue Line Extension project and extends 25th Street from North Davidson Street to North Brevard Street. Work includes: - A new street connection and bridge over Little Sugar Creek, - Street lighting, - Sidewalk, - Curb and gutter, - Street tree plantings, - Bicycle lanes, - On-street parking, - Pedestrian lighting and - Utility coordination. § Contract amendment #1 in the amount of $149,700 will fund: - Additional design services to accommodate connection with the future Cross Charlotte Trail, - Revisions to permit documents for the bridge over Little Sugar Creek to accommodate new development and property owner concerns, - Minor design adjustments to accommodate public art installations on the project. § On June 4, 2013, the City issued a Request for Qualifications for engineering services; 12 proposals were received from interested service providers. § The City selected Kimley-Horn and Associates, Inc. for this project based upon its past project experience with similar projects of this scope. § The new total amount of the contract, including this contract amendment, is $627,760 and is available in the project budget. Charlotte Business INClusion All additional work involved in this amendment will be performed by Kimley-Horn and their existing subconsultants (Part D: Section 6 of the Charlotte Business INClusion Policy). Fiscal Note Funding: General Community Investment Plan Attachment(s) Map Location Map - 25th Street Extension Contract Amendment City of Charlotte Page 31 Printed on 3/28/2017 City Council Business Meeting Meeting Agenda March 27, 2017 35. Oakdale Road Farm-to-Market Improvements Phase 1 Contract Amendment Action: Approve contract amendment #5 for $197,600 to RS&H Architects-Engineers-Planners, Inc. for additional engineering work on Oakdale Road Farm-to-Market project Phase 1. Staff Resource(s): Leslie Bing, Engineering & Property Management Explanation § The Oakdale Road Farm-to-Market project will upgrade Oakdale Road, from Old Plank Road to Dale Avenue, to improve safety, reduce congestion, support existing and proposed land uses, and provide accommodations for pedestrians, bicyclists, and transit users. § Improvements will include: - Two-lane roadway with median/turn lane, - Bicycle lanes, - Sidewalk, - Curb and gutter - Storm drainage, - Planting strips, - Retaining walls, and - Street lighting. § The utilities relocation is necessary prior to constructing planned roadway improvements. At the conclusion of design and real estate acquisition in February 2014, utility relocation delays prevented bid and construction. Utility relocation is currently nearing completion; however, the design plans must be adjusted for the bid to include updated conditions and 2017 design standards. § Contract amendment #5 in the amount of $197,600 will provide funding for additional engineering work to update the project plans with current design standards including Public Rights-of-Way Accessibility Guidelines and pavement structure design analysis. - Additional pavement excavation is sometimes needed to correct unsuitable sub-grades on these types of roadways. - Pavement structure design analysis can reduce asphalt cost overruns during construction. § The total contract amount to date including this amendment is $1,137,000 and is available in the project budget. Background § In May 2006, the City Council adopted the 25-year Transportation Action Plan (TAP). § Farm-to-Market (FTM) roads are identified in the TAP as being generally deficient in their ability to adequately serve the rapidly developing urban land uses surrounding them. § RS&H was selected pursuant to the Council-approved, qualifications-based selection process. § Right-of-way acquisition and construction funding for this project was included in the 2010 Transportation Bonds. § On April 27, 2009, City Council approved the original planning and design contract in the amount of $599,100. § On May 23, 2011, City Council approved amendment #1 for $165,300 which included additional design and redesign services in response to citizen concerns. § On May 3, 2012, the City Manager approved contract amendment #2 in the amount of $85,000 for additional utility coordination, storm drainage analysis, and redesign to reduce downstream flooding. § On April 16, 2013, the City Manager approved contract amendment #3 for $90,000 for additional design services resulting from real estate negotiations. § Contract amendment #4, dated June 16, 2015, extended the expiration date of the contract. City of Charlotte Page 32 Printed on 3/28/2017 City Council Business Meeting Meeting Agenda March 27, 2017 Charlotte Business INClusion All additional work involved in this amendment will be performed by RS&H and their existing subconsultants (Part D: Section 6 of the Charlotte Business INClusion Policy). Fiscal Note Funding: General Community Investment Plan Attachment(s) Map Location Map - Oakdale Road Farm-to-Market Improvements City of Charlotte Page 33 Printed on 3/28/2017 City Council Business Meeting Meeting Agenda March 27, 2017 36. Demolition and Environmental Services Action: Approve unit price contracts with the following companies for demolition and environmental services for a term of three years: - D.H. Griffin Wrecking Co., Inc., - Double D Construction Services, Inc., - Trifecta Services Company (MBE), and - W.C. Black and Sons, Inc.(SBE) Staff Resource(s): Steve Gucciardi, Engineering & Property Management Explanation § These firms will provide on-call demolition and environmental services for the City’s existing Community Investment Plan, including transportation, utility, storm water, and economic development projects. § There are frequent needs to demolish structures in an expedient manner to enable project construction and protect the health and safety of residents. § These contracts will provide demolition and related services for federal, state and locally-funded projects including: - Securing structures, - Asbestos abatement, - Lead paint abatement, - Mold abatement, - Utility coordination and/or relocation, - Demolition, clearing and grading of specified structures and related improvements, - Underground storage tank removal, - Well abandonment, and - Tree removal. § The City will issue work orders with the individual firms as needs arise. § On December 13, 2016, the City issued a Request for Proposal (RFP) for Unspecified Demolition and Environmental Services FY 2017. In response to the RFP, the City received 10 proposals from interested service providers. § Engineering & Property Management Department staff evaluated the proposals and determined D.H. Griffin Wrecking Co., Inc., Double D Construction Services, Inc., Trifecta Services Company, and W.C. Black and Sons, Inc. best meets the City’s needs in terms of qualifications, experience, cost and responsiveness to RFP requirements. § Estimated expenditures for each contract would be $500,000 over a three-year term. Charlotte Business INClusion The City negotiates subcontracting participation after the proposal selection process (Part C: Section 2.1 (h) of the Charlotte Business INClusion Policy). On these contracts, the Prime Consultants have committed to the following certified firms to participate as work order scopes are defined: D.H Griffin Wrecking Co § Mid-Atlantic Erosion Control (MBE, SBE) (erosion control) § MUGO Gravel & Grading (SBE) (hauling) § Access Services (SBE, MBE) (general labor) Double D Construction Services § W.C. Black & Sons (SBE) (hauling) § Get the Lead Out (SBE) (lead inspections) City of Charlotte Page 34 Printed on 3/28/2017 City Council Business Meeting Meeting Agenda March 27, 2017 § Roy Consulting (SBE) (third party clearance) Trifecta Services Company (MBE) § Advantage Waste Recycling & Disposal (WBE) (hauling) § All Points Waste Services (MBE) (demo services/hauling) W.C. Black & Sons (SBE) § Roy Consulting Group (SBE) (well abandonment) § Superior Abatement (SBE) (asbestos abatement) Fiscal Note Funding: General Community Investment Plan City of Charlotte Page 35 Printed on 3/28/2017 City Council Business Meeting Meeting Agenda March 27, 2017 37. Building Services Maintenance, Repair, and Operating Supplies Action: A. Approve the purchase of maintenance, repair, and operating supplies from a cooperative purchasing contract as authorized by G.S. 143-129(e)(3), B. Approve a unit price contract with HD Supply Facilities Maintenance, Ltd. for the purchase of maintenance, repair, and operating supplies for a term of three years under the U.S. Communities™ Government Purchasing Alliance (contract# 16154, effective February 1, 2017), and C. Authorize the City Manager to extend the contract for additional one-year terms as long as the cooperative contract is in effect, at prices and terms that are the same or more favorable than those offered under the cooperative contract. Staff Resource(s): William Haas, Engineering & Property Management Cooperative Purchasing Exemption NC S.L. 2001-328, effective January 1, 2002, authorizes competitive group purchasing. Explanation § The Building Services Division of the Engineering & Property Management Department is responsible for the operations and maintenance of approximately 300 municipal facilities, structures, and assets, with a range of uses including office, warehouse, storage, parking, vehicle maintenance, communication towers, and public safety. § Maintaining these facilities require supplies ranging from, but not limited to, janitorial and safety, hardware, millwork, doors and locks, fans, lighting, electrical, plumbing and HVAC repair parts, painting, flooring, and power tools. § Cooperative purchasing contracts aggregate purchasing power at regional and national levels to provide goods to public agencies and the best value. § The contract with HD Supply Facilities Maintenance, Ltd. will provide an alternate source to existing City-wide contracts to accommodate Engineering & Property Management’s diverse need for maintenance and repair supplies on a 24 hours a day, 7 days a week yearly basis. § HD Supply, Ltd. has a contract awarded through the U.S. Communities™ Government Purchasing Alliance that offers competitively obtained contracts to public agencies nationwide. § The company will be paid the unit prices set forth in the contract, a copy of which is available upon request. § Annual expenditures are estimated to be $150,000. Charlotte Business INClusion These are cooperative purchasing contracts and are exempt (Part A: Appendix 27 of the Charlotte Business INClusion Policy). Fiscal Note Funding: Engineering & Property Management Operating Budgets City of Charlotte Page 36 Printed on 3/28/2017 City Council Business Meeting Meeting Agenda March 27, 2017 38. Citywide Pre-Employment Physicals Action: A. Approve unit price contracts with the following companies for Pre-Employment Physicals for an initial term of three years: - Concentra Medical Centers, - Novant Health Urgent Care and Occupational Medicine, and B. Authorize the City Manager to renew the contracts for up to two additional, one-year terms and to amend the contracts consistent with the City’s business needs and the purpose for which the contracts were approved. Staff Resource(s): Kay Elmore, Management and Financial Services Explanation § The City conducts pre-employment physicals on all final candidates for certain job classes throughout various City departments, including but not limited to CATS, Charlotte Water, Solid Waste Services, and Transportation. § Pre-employment physicals must be in compliance with all federal, state, and local occupational health and safety regulations. - Companies shall perform a comprehensive history and physical exam that includes an evaluation of the essential job functions, and ensures that all candidates are medically capable to perform required job duties, and will not be placed in positions that can aggravate existing medical conditions or create hazards to themselves or others. § On April 1, 2016, the City issued a Request for Proposals (RFP) for Pre-Employment Physicals Services. In response to the RFP, the City received two proposals from interested service providers. § As part of the evaluation process, the City reviewed the existing clinic services contract as a possible solution for providing Pre-Employment Physical Services, but determined that the vendor would not be able to support this additional scope of work within the timeframe required by the City. § The City will continue to review the existing clinic services contract to consider moving all Pre-Employment Physicals under this contract. § The Project Team, consisting of staff from Management and Financial Services, Human Resources, Solid Waste Services, Aviation, Engineering and Property Management, and Charlotte-Mecklenburg Police Department evaluated the proposals and determined that the companies Concentra Medical Centers and Novant Health Urgent Care and Occupational Medicine best meet the City’s needs in terms of qualifications, experience, cost, and responsiveness to RFP requirements. § The companies will be paid the unit prices set forth in their respective contracts, copies of which are available upon request. § Total expenditures across both contracts are estimated to be $100,000 in the aggregate annually. Charlotte Business INClusion No subcontracting goal was established because there are no subcontracting opportunities (Part C: Section 2.1 (a) of the Charlotte Business INClusion Policy). Fiscal Note Funding: Various Departments’ Operating Budget City of Charlotte Page 37 Printed on 3/28/2017 City Council Business Meeting Meeting Agenda March 27, 2017 39. Citywide Cabling Services Action: A. Approve unit price contracts with the following companies for cabling services for an initial term of three years: - Network Cabling Systems Inc., and - Telware Corporation B. Authorize the City Manager to renew the contracts for up to two, one-year terms with possible price adjustments and to amend the contracts consistent with the City’s business needs and the purpose for which the contracts were approved. Staff Resource(s): Kay Elmore, Management and Financial Services Explanation § The City requires a qualified and experienced company to provide on-call low voltage cabling for installation and minor renovations. § With over 100 City facilities that may require cabling, a Citywide contract for Cabling Services benefits the City by leveraging volume discounts on products and limiting administrative burden on City Departments. § The services primarily include installation of data cabling, as well as installation and maintenance of Ethernet cables and voice cables. § Data cabling is needed whenever City employees’ workstations are moved to another area in a building or when adding new employee workstations. § On November 21, 2016, the City issued a Request for Proposals (RFP) for Cabling Services. In response to the RFP, the City received three proposals from interested service providers. § The Project Team, consisting of staff from Management and Financial Services, Charlotte Water, Innovation and Technology, and Charlotte Fire Department evaluated the proposals and determined that Network Cabling Systems and Telware Corporation best meet the City’s needs in terms of qualifications, experience, cost, and responsiveness to RFP requirements. § Staff anticipates renewing the contract for up to two additional, one-year terms. § The company will be paid the unit prices set forth in the contract, a copy of which is available upon request. § Estimated contract expenditures are $850,000 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). Network Cabling Systems is a certified MBE. Fiscal Note Funding: Various Departments’ Operating Budgets City of Charlotte Page 38 Printed on 3/28/2017 City Council Business Meeting Meeting Agenda March 27, 2017 40. Reedy Creek Stream Restoration Design-Build Project Action: Approve contract amendment #1 for $10,318,872 to Wildlands Engineering, Inc. establishing the Guaranteed Maximum Price for the Reedy Creek Stream Restoration project. Staff Resource(s): Matthew Gustis, Engineering & Property Management Explanation § The Reedy Creek Stream Restoration project will restore or enhance portions of Reedy Creek while generating stream mitigation credits. § The restoration project is the first stream restoration project to use the design-build process, which employs a single-contracted entity to complete: - Planning, - Design, - Real estate services, - Construction, - Warranty and - Maintenance and monitoring (five years). § On January 27, 2014, the City Council approved the initial contract for design-build services with Wildlands Engineering, Inc. in the amount of $900,000. The contract included planning services, real estate services, and completion of up to 60% of design services. § The design of the project is now 60% complete and the design-builder has completed the construction pricing for the project. § For design-build contracts, the design completion and construction services are awarded as a Guaranteed Maximum Price (GMP) contract amendment based on the design of the project. - This GMP contract amendment includes funding for design completion, construction, and mitigation monitoring. § The GMP establishes the maximum amount to be paid to the design-builder for the project unless the scope of work is changed or substantial adverse conditions unknown to the City or the design-builder are discovered. The GMP is within the budget estimate for the project. § The GMP was established through a combination of competitive bidding with material and equipment suppliers and subcontractors, and work to be completed by Wildlands Engineering, Inc. based on the fees and rates proposed during the design-build selection process. § The project includes approximately 26,000 feet of streams and approximately 4.2 acres of wetlands enhancement that will improve water quality and reduce stream bank erosion within the 1,630-acre Reedy Creek watershed. § The project area is mostly within Reedy Creek Park and bordered by Plaza Road Extension to the south and west, Rocky River Road to the north, and Hood Road to the east. § The City is collaborating with the Mecklenburg County Park and Recreation Department and the University of North Carolina at Charlotte to ensure a strong partnership to provide educational opportunities and maximize benefits to the park, which is a nature preserve. § The project construction is scheduled to be complete by first quarter 2020. Background § Stream restoration projects are ideal candidates for the design-build method as compared with the traditional low-bid build process. This delivery method allows for field design changes during construction, which are a critical component for a successful stream restoration project. § In 2004, the City established a Stream Restoration Mitigation Bank to hold mitigation credits that can be used later by City and Mecklenburg County public projects. Without the City Bank, all public entities impacting streams were paying mitigation fees to the state of North Carolina, which in turn were being used in other parts of the state. § The Clean Water Act often requires public projects to mitigate impacts to streams and wetlands by City of Charlotte Page 39 Printed on 3/28/2017 City Council Business Meeting Meeting Agenda March 27, 2017 restoring similar features elsewhere, or to pay a mitigation fee into a publicly held fund or bank. § Mitigation credits are currently sold by the bank to individual projects, which allows the Storm Water Program to recoup the cost associated with restoring streams. § Stream restoration is the process of converting a degraded, eroding stream corridor to a stable condition. § Stream restoration projects generate mitigation credits that can be used to offset stream and wetland impacts on public projects. § Sediment from eroding stream banks is one of the largest sources of stream impairment in Mecklenburg County, and the City’s federally-required storm water permit requires streams be protected from such impacts. Charlotte Business INClusion The City negotiates subcontracting participation for Design Build contracts after scopes of work are defined for design and construction services (Part G: Section 2.7 of the Charlotte Business INClusion Policy). Wildlands Engineering, Inc. has committed 14.68% of approved tasks to the following certified firms: § Baker A.R., LLC (SBE) (hauling stone and suitable soil) § Carolina Wetlands Services, Inc. (SBE, WBE) (planting, seeding, grubbing, erosion control) § Coastline Partners (SBE, WBE) (mulching, chipping) § Survey & Mapping Control, Inc. (SBE) (staking, surveying) Fiscal Note Funding: Storm Water Community Investment Plan Attachment(s) Map Location Map - Reedy Creek Stream Restoration Design-Build Project City of Charlotte Page 40 Printed on 3/28/2017 City Council Business Meeting Meeting Agenda March 27, 2017 41. Storm Water System Maintenance Contract Action: A. Award a contract in the amount of $1,963,121 to the lowest responsive bidder Onsite Development, LLC for the Storm Water Maintenance FY 2017E project, and B. Authorize the City Manager to approve up to two renewals and to amend the contract consistent with the City’s business needs and the purpose for which the contract was approved. Staff Resource(s): Susan Tolan, Engineering & Property Management Department Explanation § The contract with Onsite Development, LLC is to support an ongoing program to provide maintenance and/or repairs to existing storm drainage systems and construction of new storm drainage systems. - Each request is investigated and prioritized based on the severity of potential public/private property flooding. - The necessary repairs for each project are designed and a work order prepared including an estimated list of quantities. § On February 8, 2017, the City issued an Invitation to Bid; four bids were received from interested service providers. § Onsite Development, LLC was selected as the lowest responsive, responsible bidder. § The total contract amount is based on competitively bid unit price items typically used during storm drainage repairs and construction. § The City may renew the contract up to two times as an incentive to the contractors for good performance and quality work. § Approximately 60-75 projects may be constructed from the contract if the City exercises the two renewals. § The total contract cost for a three year term is estimated at $5,889,363. The total amount may vary depending on the nature of the repairs actually constructed. Charlotte Business INClusion Onsite Development, LLC has identified MSBEs on its project team, and for each work order issued, committed 21.50% of the total contract amount to the following certified firms: § Affordable Source Trucking, LLC (SBE) (hauling) § Axiom Foundations, LLC (SBE) (foundation protection) § B & N Grading, Inc. (SBE) (asphalt) § JV Trucking, LLC (SBE) (hauling) § L. Carranza Dumptruck Service Company (SBE) (hauling) § Landmark Materials, LLC (SBE) (hauling) § MTS Trucking Inc. (SBE, MBE) (hauling) § On Time Construction, Inc. (SBE, MBE) (concrete) § R.R.C. Concrete Inc (SBE) (concrete) § Streeter Trucking Company, Inc. (SBE, MBE) (hauling) Fiscal Note Funding: Storm Water Community Investment Plan City of Charlotte Page 41 Printed on 3/28/2017 City Council Business Meeting Meeting Agenda March 27, 2017 42. Storm Water Drainage Repair Contract Action: A. Approve a contract in the amount of $817,658 to Onsite Development, LLC for the Storm Water Drainage Repair (FY 2017 D) project, and B. Authorize the City Manager to approve up to two renewals and to amend the contract consistent with the City’s business needs and the purpose for which the contract was approved. Staff Resource(s): Susan Tolan, Engineering & Property Management Explanation § The contract with Onsite Development, LLC is part of an ongoing program to provide repairs to existing storm drainage systems. - Each request is investigated and prioritized based on the severity of potential public/private property flooding. - The necessary repairs for each project are determined and a work order prepared including an estimated list of quantities. - Work is limited to repairs on City-maintained drainage systems. § The total contract amount is based on competitively bid unit price items typically used during storm drainage repairs and construction. § The City may renew this contract up to two times as an incentive to the contractor for good performance and quality work. § Approximately 160 projects may be constructed from the contract if the City exercises the two renewals for contract term totals of $2,452,974 and three years. The number may vary depending on the nature of the repairs actually constructed. § On January 17, 2017, the City issued an Invitation to Bid; two bids were received from interested service providers. Since a minimum of three bidders are required to open per North Carolina General Statute 143-132, the project was re-advertised on January 31, 2017. § Onsite Development, LLC was selected as the lowest responsive, responsible bidder. Charlotte Business INClusion Onsite Development, LLC has identified MSBEs on its project team, and for each work order issued, committed 21% of the total contract amount to the following certified firms: § Axiom Foundations, LLC (SBE) (foundation protection) § B & N Grading, Inc. (SBE) (asphalt) § JV Trucking, LLC (SBE) (hauling) § L. Carranza Dumptruck Service Company (SBE) (hauling) § Landmark Materials, LLC (SBE) (hauling) § MTS Trucking Inc. (SBE, MBE) (hauling) § On Time Construction, Inc. (SBE, MBE) (concrete) § R.R.C. Concrete Inc (SBE) (concrete) § Streeter Trucking Company, Inc. (SBE, MBE) (hauling) Fiscal Note Funding: Storm Water Community Investment Plan City of Charlotte Page 42 Printed on 3/28/2017 City Council Business Meeting Meeting Agenda March 27, 2017 43. Airport Revenue Bonds Action: A. Approve the initial findings resolution and authorize the Chief Financial Officer to make appropriate application to the Local Government Commission for issuance of up to $235 million in General Aviation Revenue Bonds, $155 million in refunding General Aviation Revenue Bonds, and up to $175 million in revenue bond anticipation notes, and B. Set a public hearing on April 10, 2017, for this financing package as required by Internal Revenue Service regulations. Staff Resource(s): Michael Hill, Aviation Scott Greer, Management and Financial Services Explanation § Staff is seeking City Council authorization for the issuance of up to $235 million in long-term General Aviation Revenue Bonds (GARBs) to provide permanent financing for projects listed below, including expenses funded with short-term construction-period financing issued in 2016; authorization of a new construction period financing program for up to $175 in short-term notes to complete the remainder of the projects (expected permanent financing in two to three years); and up to $155 million in refunding GARBs to replace the 2007A GARB’s for debt service savings and convert the 2007B, 2008D, 2011C GARB’s from a variable rate to a fixed rate. § The 2017 GARBs will provide long-term financing for the following projects which are part of the Aviation Community Investment Plan: - Terminal Complex Improvements § Concourse A Expansion - Phase I (9 Gates) § Terminal Lobby Expansion Design § Concourse E Baggage Transfer Station § Terminal Rehabilitation Design § Energy Infrastructure Upgrades - Phase II § East Terminal Expansion - Phase II-Design § Concourse E Airline Space Addition - Airfield Improvements § West Ramp Expansion Phase I - Design § West Ramp Expansion Phase I - Construction - Ground Transportation Projects § Long Term 2 Parking Lot Expansion § Other Long Term Parking Lot Improvements § Business Valet Parking Deck II - Airport Services and Facilities Projects § Vehicle Maintenance Facility § Little Rock Road Extension - Other Projects § Concessions Distribution Warehouse - Design § The 2017 Note will provide short-term financing for the following projects: - Terminal Complex Improvements § Terminal Lobby Expansion - Construction § Terminal Rehabilitation - Construction § Terminal Rehabilitation - Incidental Projects § Terminal Fuel Farm Expansion Phase III § East Terminal Expansion - Phase II Construction - Airport Services and Facilities Projects § Joint Ops Center City of Charlotte Page 43 Printed on 3/28/2017 City Council Business Meeting Meeting Agenda March 27, 2017 - Other Projects § Concession Distribution Warehouse - Construction § The bond order will be amended and restated concurrent with this issue for all outstanding Airport debt, reflecting the current marketplace and changes made in the 2016 Airline Lease Agreement. The City Council will be asked to initiate the process to make these changes at the City Council Business Meeting on April 24, 2017. § The Internal Revenue Services Department requires a public hearing on new tax-exempt debt funded projects. This action will set a public hearing for April 10, 2017. § Both long- and short-term GARB notes are secured by Airport revenue. Signatory airlines have approved the projects. § An outside feasibility study will be completed that indicates sufficient revenues are forecasted to be available to pay the debt prior to debt issuance. § The debt issuances must be approved by the Local Government Commission (LGC). This action authorizes the City to submit an application for the issuances to the LGC for approval at its May meeting. Next Steps § City Council will conduct the public hearing on April 10, 2017. § The adoption of the amended and restated bond order and approving resolutions is scheduled for April 24, 2017. Fiscal Note Funding: Airport Debt Service Fund Attachment(s) Initial Findings Resolution Initial Findings Resolution for 2017 Airport Bonds and BAN- Charlotte - rev. to v2 City of Charlotte Page 44 Printed on 3/28/2017 City Council Business Meeting Meeting Agenda March 27, 2017 44. Airfield Markings Rehabilitation Project Action: Approve a contract for $2,500,000 with Hi-Lite Airfield Services LLC for rehabilitation of airfield markings. Staff Resource(s): Jack Christine, Aviation Explanation § The airfield contains hundreds of pavement markings to aid pilots in navigation. These markings are evaluated annually for federal compliance with Part 139 during inspections conducted by the Federal Aviation Administration. § On August 22, 2016, the City Council approved a contract with Delta Airport Consultants to provide survey, design, and engineering services for rehabilitation of the airfield markings. This was undertaken to ensure the on-going safe operations of the airfield. § The survey identified the need for removal and reapplication of markings on Runways 5-23 and 18L-36R and the associated taxiways. § On January 5, 2017, the City issued a Request for Proposal (RFP) to Rehabilitate Airfield Markings for Runway 5-23, Runway 18L-36R, and associated Taxiways. The City received two proposals from interested service providers. § Aviation staff evaluated the proposals and determined that Hi-Lite Airfield Services LLC, best meets the City’s needs in terms of qualifications, experience, cost, and responsiveness to RFP requirements. § Hi-Lite Airfield Services, LLC will undertake the removal and reapplication of airfield markings in the designated areas. This work will be completed during operational down time (nights and weekends) to limit disruption to airfield operations and flight schedules. The project should be complete at the end of July. 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 45 Printed on 3/28/2017 City Council Business Meeting Meeting Agenda March 27, 2017 45. Airport Transportation Network Company Agreements Action: A. Approve transportation network agreements with Raiser, LLC (Uber) and Lyft, Inc. for a one-year term, and B. Authorize the City Manager to renew the agreements for additional one-year terms consistent with the City’s business needs and the purpose for which the contract was approved. Staff Resource(s): Brent Cagle, Aviation Explanation § Local Airport customers have many ground transportation options for getting to and from the Airport, including taxis, limos, personal vehicles, commercial vehicles, and Transportation Network Companies (TNCs) (e.g. Uber and Lyft). § In February 2016, Aviation entered into pilot operating agreements for TNC operations at the Airport. Through the pilot agreements, Aviation has been able to establish operating parameters for the TNCs doing business at the Airport, assess and gather operational data from the TNCs, and provide adequate time to identify any additional infrastructure required to support a longer term agreement with the TNCs. - New investments include the creation of a designated waiting area for TNCs and increased staffing levels to assist passengers using TNCs. § Aviation is requesting to enter into annual, renewable operating agreements with the TNCs that include the following parameters. - The agreement allows TNCs to operate at the Airport when paying a fee to use the facility to drop off/pick up passengers, and - The agreement will allow TNC drivers to only accept ride requests while staged at the Airport in a designated waiting area. § The TNC agreement does not affect the Passenger Vehicle for Hire Ordinance and is made pursuant to North Carolina General Statutes Section 20-280.9 and Chapter 5 of the City Code. § The total estimated revenue from the agreements is expected to exceed $100,000 a year. Background § On May 14, 2014, the City Council Community Safety Committee received a briefing from an external consultant, Taxi Research Partners, about ground transportation service providers as well as a comprehensive review of the Airport’s ground transportation operations. § Taxi Research Partners provided best practices and recommendations for taxicab, TNC, and other ground transportation options at the Airport. § The TNC agreement is consistent with those recommendations. Fiscal Note Funding: Revenue from these agreements will be deposited in the Aviation Operating Fund. City of Charlotte Page 46 Printed on 3/28/2017 City Council Business Meeting Meeting Agenda March 27, 2017 46. Airport Water Quality Ponds Action: A. Award a contract in the amount of $1,379,815.80 to the lowest responsive, bidder Harvest Environmental Services, Inc. for the construction of Water Quality Ponds, and B. Adopt a budget ordinance appropriating $1,379,815.80 from the Aviation Discretionary Fund to the Aviation Community Investment Plan Fund. Staff Resource(s): Jack Christine, Aviation Explanation § Aviation has a responsibility to comply with environmental standards that dictate the amounts of sediment entering local streams. Stormwater detention ponds provide time for that sediment to fall out before the stormwater reaches these streams. § As a result of Airport growth, HDR Engineering, Inc. of the Carolinas designed four additional water quality ponds to treat the stormwater runoff. § On February 2, 2017, an Invitation to Bid was issued for the Construction of Water Basins; four bids were received from interested service providers. § Harvest Environmental Services, Inc. was the lowest responsive, responsible bidder. § Harvest Environmental Services, Inc. will construct the four new water quality ponds. The work will include clearing, grading, preparation, and formation of the retention ponds, as well as engineering, surveying, and testing services. Charlotte Business INClusion Established MSBE Goal: 18.00% Committed MSBE Goal: 20.42% Harvest Environmental Services, Inc. exceeded the established subcontracting goal, and has committed 20.42% ($281,825) of the total contract amount to the following certified firms (Part B: Section 3 of the Charlotte Business INClusion Policy): § Jones Grading & Fencing Inc. (SBE, MBE) ($200,700) (concrete, erosion control, clearing, grubbing, hauling) § All Points Trucking, Inc. (CBE, WBE) ($50,000) (hauling) § Martin Landscaping Company, Inc. (SBE, WBE) ($31,125) (seeding, sod) Harvest Environmental Services Inc. is also a City certified SBE. Fiscal Note Funding: Aviation Community Investment Plan Attachment(s) Budget Ordinance Airport ORD032717 - Airport Water Quality Ponds City of Charlotte Page 47 Printed on 3/28/2017 City Council Business Meeting Meeting Agenda March 27, 2017 47. LYNX Blue Line Capacity Expansion Construction Management Contract Amendment Action: Approve contract amendment #6 for an amount up to $600,000 with STV Engineers Inc. to extend construction management services for the LYNX Blue Line Capacity Expansion project closeout. Staff Resource(s): John Lewis, CATS Jill Brim, CATS Andy Mock, CATS Explanation § Contract amendment #6 in an amount up to $600,000 with STV Engineers Inc. is needed due to extended duration and closeout requirements for the Blue Line Capacity Expansion (BLCE) project. § CATS’ current projected closeout date is June 1, 2017. § On August 27, 2012, City Council approved a contract in an amount up to $4,400,000 with STV Engineers Inc. (STV) and Ralph Whitehead and Associates for design services to oversee the completion of the LYNX Blue Line Capacity Extension (BLCE). § Five contract amendments have been executed to date. § The new total value of the STV contract, including the amendments, is $6,480,000. Disadvantaged Business Enterprise (DBE) Opportunity The additional contract scope authorized by the contract amendment will be held to the original contract DBE goal of 15.8%. Fiscal Note Funding: CATS Community Investment Plan Attachment(s) LYNX Blue Line Capacity Expansion Contract Amendment History 3-27Attachment LYNXBLE Item47History City of Charlotte Page 48 Printed on 3/28/2017 City Council Business Meeting Meeting Agenda March 27, 2017 48. LYNX Blue Line Extension Maintenance Shops and Exhaust Fans Contract Amendment Action: Approve contract amendment #1 for $1,875,634 to China Construction America of South Carolina, Inc. for the Maintenance Shops and Exhaust Fans Upfit project. Staff Resource(s): John Lewis, CATS Jill Brim, CATS Explanation § The Maintenance Shops and Exhaust Fans Upfit project includes modifications to the first and second floors of the CATS South Boulevard Light Rail Facility (SBLRF), located at 3200 South Boulevard. § On April 13, 2015, the City Council awarded a contract in the amount of $3,640,521.90 to BPM Construction, Inc. for the SBLRF Upfit project. The Maintenance Shops and Exhaust Fans were contained within this scope of work. § The City terminated its contract with BPM for several performance issues, which are now being resolved through litigation. City Council was informed of the termination in the Council-Manager Memo dated February 17, 2016. § In order to maintain the overall schedule of the Blue Line Extension (BLE), staff subdivided the original contract work into separate phases: - On June 13, 2016, City Council awarded Phase I of the SBLRF project China Construction America of South Carolina, Inc. - On September 26, 2016, City Council awarded Phase II of the SBLRF project to China Construction America of South Carolina, Inc. in the amount of $2,665,999.60. § This contract amendment will add the remaining work items needed to complete the overall upfit project, including turntable installation, extension of the mezzanine, and completion of the electronics shop. § The project is expected to be complete by the fourth quarter of 2017. § The new total contract amount, including contract amendment#1, is $4,541,633.60, which is within the current BLE project budget. Disadvantaged Business Enterprises (DBE) The additional contract scope authorized by this amendment will be held to the original contract DBE goal of 4%. Fiscal Note Funding: CATS Community Investment Plan City of Charlotte Page 49 Printed on 3/28/2017 City Council Business Meeting Meeting Agenda March 27, 2017 49. CATS Cummins Bus Engines Action: A. Award a unit price contract to the lowest responsive bidder, MHC Kenworth, for the purchase of Cummins bus engines for CATS bus fleet for a one-year term, 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): Tangee Mobley, CATS Edward Pullan, CATS Explanation § The contract with MHC Kenworth will provide replacement Cummins engines for the maintenance of CATS bus fleet. § On January 20, 2017, CATS issued an Invitation to Bid; four bids were received from interested service providers. § MHC Kenworth was selected as the lowest responsive, responsible bidder. § Bus engines will be purchased on an as-needed basis under the contract terms. § 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 two additional, one-year terms at prices to be negotiated based on market conditions. § Estimated annual expenditure for the MHC Kenworth contract is $725,000. Charlotte Business INClusion No subcontracting goal was established because there are no subcontracting opportunities (Part C: Section 2.1(a) of the Charlotte Business INClusion Policy). Fiscal Note Funding: CATS Operating Budget City of Charlotte Page 50 Printed on 3/28/2017 City Council Business Meeting Meeting Agenda March 27, 2017 50. CATS Cummins Bus Engine Parts Action: A. Award a unit price contract to the lowest responsive bidder, MHC Kenworth, for the purchase of Cummins bus engine parts for CATS bus fleet for a one-year term, 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): Tangee Mobley, CATS Edward Pullan, CATS Explanation § The contract with MHC Kenworth will provide engine parts for the maintenance of Cummins engines in the CATS bus fleet. § On January 19, 2017, CATS issued an Invitation to Bid; five bids were received from interested service providers. § MHC Kenworth was selected as the lowest responsive, responsible bidder. § Bus parts will be purchased on an as-needed basis under the contract terms. § 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 two additional, one-year terms at prices to be negotiated based on market conditions. § Estimated annual expenditure for the MHC Kenworth contract is $900,000. Charlotte Business INClusion No subcontracting goal(s) was/were established because there are no subcontracting opportunities (Part C: Section 2.1(a) of the Charlotte Business INClusion Policy). Fiscal Note Funding: CATS Operating Budget City of Charlotte Page 51 Printed on 3/28/2017 City Council Business Meeting Meeting Agenda March 27, 2017 51. Drinking Water Sampling Station Installation Action: A. Award a contract in the amount of $871,547.25 to the lowest responsive bidder, United Construction Company, Inc. for the installation of water quality sampling stations and automatic water flushing units for Fiscal Year 2017, and B. Authorize the City Manager to renew the contract for up to two terms with possible price adjustments and to amend the contract in a manner consistent with the City’s business needs and the purpose for which the contract was approved. Staff Resource(s): Carl Wilson, Charlotte Water Explanation § Charlotte Water maintains a water distribution system of approximately 4,200 miles of water lines and approximately 280,000 active water service connections that each provide water to multiple people. § Proper operation of this water distribution system and compliance with the Safe Drinking Water Act requires collecting numerous samples of the water quality in the water lines. § Charlotte Water is transitioning from the use of businesses, schools, and government facilities as water quality sampling points, to using dedicated, stand-alone water quality sampling stations. Approximately 100 of these stations have been installed to date. § The contract with United Construction Company, Inc. will provide for the installation of approximately 100 additional stations in each contract term. § In order to improve water quality in the extreme ends of its distribution system, Charlotte Water is installing automatic water flushing units (autoflushers) to facilitate the movement of water to mitigate the problems associated with dead-end mains. Approximately 15 of these stations have been installed to date. This contract will also provide for the installation of approximately 10 additional units. § On January 27, 2017, the City issued an Invitation to Bid for Fiscal Year 2017 Installation of Sampling Stations and Autoflushers; six bids were received from interested service providers. § United Construction Company, Inc. was selected as the lowest responsive, responsible bidder. § The contract gives the City an option to renew for two additional terms with a price adjustment based on the Construction Cost Index. Charlotte Business INClusion Established SBE Goal: 7% Committed SBE Goal: 30.00% United Construction Company, Inc. exceeded the established subcontracting goal and has committed 30.00% ($261,464.18) of the total contract amount to the following certified firm (Part B: Section 3 of the Charlotte Business INClusion Policy): § R.E. Sifford Utility, Inc. (SBE, MBE) ($261,464.18) (utilities) Fiscal Note Funding: Charlotte Water Community Investment Plan City of Charlotte Page 52 Printed on 3/28/2017 City Council Business Meeting Meeting Agenda March 27, 2017 52. Water and Sewer Damage Repair Contract Action: A. Award a contract in the amount of $690,595.26 to the lowest responsive bidder, Fuller & Co. Construction LLC for the Fiscal Year 2017 Water and Sewer Repair project, B. Award a contract in the amount of $895,727.33 to the second lowest responsive bidder, Hall Contracting Corporation for the Fiscal Year 2017 Water and Sewer Repair project, C. Authorize the City Manager to renew the contracts for up to three additional terms with possible price adjustments and to amend the contract consistent to the City’s business needs and the purpose for which the contract was approved, and D. Approve a budget ordinance appropriating $6,345,000 from the Charlotte Water Fund Balance to the Charlotte Water Operating Fund. Staff Resource(s): Angela Lee, Charlotte Water Explanation § Due to the increase in underground construction including telecommunication and fiber installations, Charlotte Water has experienced a substantial increase in damages to water and sewer pipes. § These contracts will be used to repair water and sewer pipe damages. Charlotte Water will be reimbursed for this work. § On January 11, 2017, the City issued an Invitation to Bid for the Fiscal Year 2017 Water and Sewer Repair Contract; five bids were received from interested service providers. § Fuller & Co. Construction LLC and Hall Contracting Corporation were selected as the two lowest responsive, responsible bidders. § Two contractors were selected to help address the heavy workload. In addition, the increased number of crews available will provide more flexibility and responsiveness to customers. § The contract terms for each contract are expected to last approximately one year. § The contract terms give the City the option to renew each contract for three additional terms with a price adjustment based on the Construction Cost Index. Charlotte Business INClusion No subcontracting goal was established because there are no subcontracting opportunities (Part B: Section 2.3 of the Charlotte Business INClusion Policy. However, Fuller & Co. Construction LLC is a City SBE. Fiscal Note Funding: Charlotte Water Operating Budget Attachment(s) Budget Ordinance Time & Materials ordinance-time and materials City of Charlotte Page 53 Printed on 3/28/2017 City Council Business Meeting Meeting Agenda March 27, 2017 53. Upper Taggart Creek Outfall Replacement Design Services Contract Amendment Action: Approve contract amendment #1 for $151,913 to Parsons Brinckerhoff Inc. to provide additional professional design and engineering services for the Upper Taggart Creek Outfall Replacement project. Staff Resource(s): Carl Wilson, Charlotte Water Explanation § The Upper Taggart Creek Outfall is a sanitary sewer line located near the airport in West Charlotte, near Billy Graham Parkway at Morris Field Drive. § The sewer line is 40 years old and requires upsizing due to the ongoing and predicted future growth of the area. - The anticipated length of the replacement line was approximately 6,400 linear feet. However, upon further investigation, an additional 3,100 linear feet of pipe has been identified as needing replacement. § Contract amendment #1 in the amount of $151,913 will provide additional professional design and engineering services for the project. § A hydraulic model of the gravity sewer to Carlyle Drive was created as part of the Upper Taggart Creek Outfall Replacement design services contract. Results indicated that the line is capacity limited and needs to be increased from 10-inch diameter to 18-inch diameter. § A connecting branch of gravity sewer in this area upstream of the Upper Taggart Creek Outfall, extending towards Carlyle Drive, was identified as possibly being capacity limited during the planning phase of the project. § On June 27, 2016, City Council approved the original contract in the amount of $673,614. § The new contract amount including the contract amendment is $825,527. Fiscal Note Funding: Charlotte Water Community Investment Plan Attachment(s) Map Upper Taggart Creek Outfall Amendment Replacement Map City of Charlotte Page 54 Printed on 3/28/2017 City Council Business Meeting Meeting Agenda March 27, 2017 54. Public Auction for Disposal of Surplus Equipment Action: A. Adopt a resolution declaring specific vehicles, equipment, and other miscellaneous items as surplus, and B. Authorize items for sale by public auction on April 1, 2017. Staff Resource(s): Kay Elmore, Management and Financial Services Explanation § Pursuant to North Carolina General Statute 160A-270(b), approval is requested for a public auction as follows: - On April 1, 2017, at 9:00 a.m. to dispose of City-owned property declared as surplus. § Each auction is conducted at the City’s Asset Recovery and Disposal facility located at 5550 Wilkinson Boulevard, Charlotte, North Carolina. § The City selected Rogers Realty and Auction Company, Inc. as the auction service provider through a competitive selection process. § The auction company will be compensated for the sale through auction proceeds in the following manner: - Rolling stock equipment - 8.50% of the total gross sale price. - Miscellaneous items - 8.50% of the total gross sale price. § Proceeds from the auction will go back to the entity to which the equipment or vehicle was owned, the City’s General Fund, or the City’s Enterprise Funds (Aviation, Charlotte Water, and CATS). Background § Management and Financial Services provide asset recovery and disposal services to the City of Charlotte, Mecklenburg County, Emergency Management Services, and the Charlotte Housing Authority. § The Asset Recovery and Disposal program manages all used, seized, and surplus assets at the end of their useful life through final disposition via live and electronic auction activities. § Live auctions for rolling stock, equipment, and miscellaneous items are held at least twice a year, and electronic auctions are used throughout the year for disposal of a variety of assets. Attachment(s) Property Lists (Exhibit - A city owned property) Delegation of Authority Resolution 20170327 - 01 Rolling Stock auction (Exhibit A) 20170327 - 03 Rolling stock auction - Delegation of Authority 20170327 - 02 Rolling stock auction - Resolution City of Charlotte Page 55 Printed on 3/28/2017 City Council Business Meeting Meeting Agenda March 27, 2017 55. Charlotte Community ToolBank Donation Action: Adopt a resolution authorizing the donation of up to $4,000 of City property to Charlotte Community ToolBank. Staff Resource(s): Wilson Hooper, City Manager’s Office Sarah Hazel, City Manager’s Office Explanation § North Carolina General Statute 160A-280 authorizes the donation of personal property from a City to another governmental entity upon adoption of a resolution by the City Council. § The Charlotte Community Tool Bank is a nonprofit lending program that provides charitable and neighborhood organizations with year-round access to an inventory of small equipment, such as tools and other items for use in volunteer projects, facility and grounds maintenance, and special community-building events. § The action would approve the donation of approximately $4,000 worth of items that were originally purchased with Knight Foundation grant funds as part of the NoBarriers project. The items, including outdoor chairs, a stereo system, decorative lights, etc. were used in City engagement activities related to building connections between communities. § The City no longer needs these items for community engagement activities. § Charlotte Community Toolbank will also use these items for community engagement initiatives in the Charlotte area. § Neighborhood organizations will be able to borrow the items to support community building activities and events, thereby increasing their engagement capacity at low cost. § The grant has no prohibitions on this type of donation, and the Knight Foundation supports the action. Attachment(s) Resolution Resolution City of Charlotte Page 56 Printed on 3/28/2017 City Council Business Meeting Meeting Agenda March 27, 2017 56. Refund of Property Taxes Action: Adopt a resolution authorizing the refund of property taxes assessed through clerical or assessment error in the amount of $78,079.45. Staff Resource(s): Scott Greer, Management & Financial Services Explanation § Mecklenburg County notified and provided the City the list of Property Tax refunds due to clerical or assessment error. Pearson Review Update § In accordance with the ordinance approved by the City Council on August 25, 2014, and the North Carolina law, a list of refunds, which have been paid since the last City Council Business Meeting as a result of the Pearson Review, is available at the City Clerk’s Office. § The amount of Pearson Review refunds paid since the last City Council Business Agenda Meeting on February 27, 2017, totaled $36,020.96. Attachment(s) Taxpayers and Refunds Requested Resolution List of Taxpayers and Refunds Requested Resolution 57. Resolution of Intent to Abandon a Portion of Tomlin Way Court Action: A. Adopt a Resolution of Intent to Abandon a portion of Tomlin Way Court, and B. Set a public hearing date for April 24, 2017. Staff Resource(s): Jeff Boenisch, Transportation Explanation § A portion of Tomlin Way Court is located in Council District 3. Attachment(s) Map Resolution CityCouncilROWAbandonmentMap_2017-02 (2) Resolution of Intent to Close a portion of Tomlin Way Court City of Charlotte Page 57 Printed on 3/28/2017 City Council Business Meeting Meeting Agenda March 27, 2017 58. Meeting Minutes Action: Approve the titles, motions, and votes reflected in the Clerk’s record as the minutes of: - January 23, 2017, Business Meeting - January 25-27, 2017, Council Retreat - February 6, 2017, Workshop - February 13, 2017, Business Meeting - February 20, 2017, Zoning Meeting - February 22, 2017, Budget Meeting Staff Resource(s): Stephanie Kelly, City Clerk’s Office City of Charlotte Page 58 Printed on 3/28/2017 City Council Business Meeting Meeting Agenda March 27, 2017 PROPERTY TRANSACTIONS City of Charlotte Page 59 Printed on 3/28/2017 City Council Business Meeting Meeting Agenda March 27, 2017 59. Independence Square Plaza Property Lease Action: A. Adopt a resolution approving a lease agreement for 744 square feet of Independence Square Plaza (parcel identification number 125-012-01) with 101 South Tryon LP, for a five-year term with four additional five-year options at a lease rate of $12 per square foot, totaling $8,928 per year with 2% annual rate increases, and B. Authorize the City Manager to execute all necessary documents to complete the Agreement. Staff Resource(s): Tony Korolos, Engineering & Property Management Timothy O’Brien, Engineering & Property Management Explanation § Independence Square Plaza has been owned by the City since 1972 and is located on the southeast corner of South Tryon Street and East Trade Street, in the same location of the Arnaldo Pomodoro sculpture, “Il Grande Disco”. § 101 South Tryon LP is the property owner adjacent to the Plaza. In the 1970s, predecessors of 101 South Tryon LP constructed a fountain on the plaza in conjunction with the development of the Plaza as a public amenity. § In 2016, 101 South Tryon LP converted the fountain space to outdoor dining space, changing the public amenity to private use. Essex Bar and Bistro is the restaurant tenant of 101 South Tryon LP and is the current user of the outdoor dining space. § Staff has negotiated a lease agreement for the use of the City-owned space. The lease agreement will be retroactive to August 1, 2016, when the restaurant received their Certificate of Occupancy. § The terms of this agreement are as follows: - Term: 5 years with four optional 5-year renewal periods - Rate: $12 per square-foot with 2% annual rate increases - Payment: $744 per month ($8,928 per year) § Outdoor activity in the Central Business District is encouraged by both the City’s Planning Department and Charlotte Center City Partners. Because of a longer term lease, it is anticipated that this area will activate and enliven the corner of Trade and Tryon streets while having a negligible impact on the use of public space. § On January 9, 2017, the City Council approved a similar request for Eddie V’s restaurant to also have outdoor dining. Background § In 1976, the City and Independence Square Associates (ISA) entered into a property sale and development agreement designating the City’s parcel as “Independence Square.” § ISA agreed to purchase and develop the remaining property around Independence Square, and the City agreed the City parcel would remain open area and be dedicated for the “use and enjoyment of the public.” § The agreement allows for revision or modification with consent of the City and ISA, or its successors. Fiscal Note Funding: Revenues will be deposited into the City’s General Fund Attachment(s) Map Resolution Location Map - Independence Square Plaza Property Lease Resolution Essex at Independence Square Plaza City of Charlotte Page 60 Printed on 3/28/2017 City Council Business Meeting Meeting Agenda March 27, 2017 60. In Rem Remedy: 729 Dawn Circle For In Rem Remedy, the public purpose and policy are outlined here. Public Purpose: § Eliminate a blighting influence; § Reduce the proportion of substandard housing; § Increase tax value of property by making land available for potential infill housing development; and § Support public safety initiatives. Policy: § Housing & Neighborhood Development and Community Safety The In Rem Remedy items were initiated from 3 categories: 1. Public Safety - Police and/or Fire Departments 2. Complaint - petition by citizens, tenant complaint, or public agency referral 3. Field Observation - concentrated code enforcement program The In Rem Remedy item is listed below by category identifying the street address and neighborhood. Field Observation: (729 Dawn Circle) Action: Adopt an Ordinance authorizing the use of In Rem Remedy to demolish and remove the structure at (729 Dawn Circle) (Neighborhood Profile Area 371). Attachment In Rem Packet for (729 Dawn Circle) In Rem Remedy 729 Dawn Cr.pdf City of Charlotte Page 61 Printed on 3/28/2017 City Council Business Meeting Meeting Agenda March 27, 2017 61. In Rem Remedy: 1200 Eastway Drive For In Rem Remedy, the public purpose and policy are outlined here. Public Purpose: § Eliminate a blighting influence; § Reduce the proportion of substandard housing; § Increase tax value of property by making land available for potential infill housing development; and § Support public safety initiatives. Policy: § Housing & Neighborhood Development and Community Safety The In Rem Remedy items were initiated from 3 categories: 1. Public Safety - Police and/or Fire Departments 2. Complaint - petition by citizens, tenant complaint, or public agency referral 3. Field Observation - concentrated code enforcement program The In Rem Remedy item is listed below by category identifying the street address and neighborhood. Field Observation: (1200 Eastway Drive) Action: Adopt an Ordinance authorizing the use of In Rem Remedy to demolish and remove the structure at (1200 Eastway Drive) (Neighborhood Profile Area 10). Attachment In Rem Packet for (1200 Eastway Drive) In Rem Remedy 1200 Eastway Dr.pdf City of Charlotte Page 62 Printed on 3/28/2017 City Council Business Meeting Meeting Agenda March 27, 2017 62. In Rem Remedy: 2810 North Davidson Street For In Rem Remedy, the public purpose and policy are outlined here. Public Purpose: § Eliminate a blighting influence; § Reduce the proportion of substandard housing; § Increase tax value of property by making land available for potential infill housing development; and § Support public safety initiatives. Policy: § Housing & Neighborhood Development and Community Safety The In Rem Remedy items were initiated from 3 categories: 1. Public Safety - Police and/or Fire Departments 2. Complaint - petition by citizens, tenant complaint, or public agency referral 3. Field Observation - concentrated code enforcement program The In Rem Remedy item is listed below by category identifying the street address and neighborhood. Field Observation: (2810 North Davidson Street) Action: Adopt an Ordinance authorizing the use of In Rem Remedy to demolish and remove the structure at (2810 North Davidson Street) (Neighborhood Profile Area 343). Attachment In Rem Packet for (2810 North Davidson Street) In Rem Remedy 2810 N Davidson St.pdf City of Charlotte Page 63 Printed on 3/28/2017 City Council Business Meeting Meeting Agenda March 27, 2017 63. In Rem Remedy: 5700 Mt. Holly-Huntersville Road For In Rem Remedy, the public purpose and policy are outlined here. Public Purpose: § Eliminate a blighting influence; § Reduce the proportion of substandard housing; § Increase tax value of property by making land available for potential infill housing development; and § Support public safety initiatives. Policy: § Housing & Neighborhood Development and Community Safety The In Rem Remedy items were initiated from 3 categories: 1. Public Safety - Police and/or Fire Departments 2. Complaint - petition by citizens, tenant complaint, or public agency referral 3. Field Observation - concentrated code enforcement program The In Rem Remedy item is listed below by category identifying the street address and neighborhood. Public Safety: (5700 Mt. Holly-Huntersville Road) Action: Adopt an Ordinance authorizing the use of In Rem Remedy to demolish and remove the structure at (5700 Mt. Holly-Huntersville Road) (Neighborhood Profile Area 110). Attachment In Rem Packet for (5700 Mt Holly-Huntersville Rd) In Rem Remedy 5700 Mt Holly-Huntersville Rd.pdf City of Charlotte Page 64 Printed on 3/28/2017 City Council Business Meeting Meeting Agenda March 27, 2017 64. Property Transactions - Hus McGinnis 14315 - 8" Sanitary Sewer, Parcel #1 Action: Approve the following Condemnation: Hus McGinnis 14315 - 8" Sanitary Sewer, Parcel #1 Project: Hus McGinnis 14315 - 8" Sanitary Sewer, Parcel #1 Owner(s): 12601 Asbury Chapel Road Property Address: Mark A. Honeycutt and Janet L. Honeycutt Total Parcel Area: 26,357 sq. ft. (.605 ac.) Property to be acquired by Easements: 3,106 sq. ft. (.071 ac.) in Temporary Construction Easement Structures/Improvements to be impacted: None Landscaping to be impacted: Trees and various plantings Zoned: TR Use: Mobile Home Subdivision Tax Code: 019-181-27 Appraised Value: $400 Recommendation: To obtain clear title and avoid delay in the project schedule, staff recommends proceeding to condemnation. Council District: N/A (Huntersville) City of Charlotte Page 65 Printed on 3/28/2017 City Council Business Meeting Meeting Agenda March 27, 2017 65. Property Transactions - Morris Estate Drive Sanitary Sewer Outfall, Parcel #1 Action: Approve the following Acquisition: Morris Estate Drive Sanitary Sewer Outfall, Parcel #1 Project: Morris Estate Drive Sanitary Sewer Outfall, Parcel #1 Owner(s): Morris Holdings, LLC Property Address: 6900 Morris Estates Drive Total Parcel Area: 2,753,863 sq. ft. (63.220 ac.) Property to be acquired by Easements: 32,976 sq. ft. (.757 ac.) in Sanitary Sewer Easement, plus 88,826 sq. ft. (2.039 ac.) in Temporary Construction Easement Structures/Improvements to be impacted: None Landscaping to be impacted: Trees Zoned: RE-1 Use: Laboratory/Research Tax Code: 047-053-25 Purchase Price: $111,925 Council District: 2 City of Charlotte Page 66 Printed on 3/28/2017 City Council Business Meeting Meeting Agenda March 27, 2017 66. Property Transactions - Orr Road Extension, Parcel #6 Action: Approve the following Condemnation: Orr Road Extension, Parcel #6 Project: Orr Road Extension, Parcel #6 Owner(s): Nawal Mahboub-Hopkins and Jeff Hopkins Property Address: 229 Austin Drive Total Parcel Area: 238,528 sq. ft. (5.476 acres) Property to be acquired by Fee: 18,188 sq. ft. (.418 ac.) in Fee Simple Property to be acquired by Easements: 6,071 sq. ft. (.139 ac.) in Storm Drainage Easement, plus 10,323 sq. ft. (.237 ac.) in Temporary Construction Easement, plus 84 sq. ft. (.002 ac.) in Utility Easement Structures/Improvements to be impacted: Irrigation well Landscaping to be impacted: Trees and various plantings Zoned: R-4 Use: Single-family Residential - Rural Acreage Tax Code: 089-212-26 Appraised Value: $27,400 Property Owner’s Concerns: The property owner is concerned with the compensation amount, the loss of the irrigation well, the impact to the driveway and the additional storm water runoff onto the property. City’s Response to Property Owner’s Concerns: Staff informed the property owner that they could obtain their own appraisal and that compensation was given for the loss of the irrigation well. The project was redesigned to reduce the impacts to the driveway and minimize the storm water runoff. Recommendation: To avoid delay in the project schedule, staff recommends proceeding to condemnation for clear title to acquire necessary property rights. Council District: 4 City of Charlotte Page 67 Printed on 3/28/2017 City Council Business Meeting Meeting Agenda March 27, 2017 67. Property Transactions - Providence Road Sidewalk, Parcel #15 Action: Approve the following Acquisition: Providence Road Sidewalk, Parcel #15 This property is acquired in accordance with Federal Guidelines 49 CFR Part 24 of the Uniform Acquisition and Relocation Act of 1970. Acquisition costs are eligible for North Carolina Department of Transportation reimbursement. Project: Providence Road Sidewalk, Parcel #15 Owner(s): William T. Sellers, IV and Sylvia Diann Sellers Property Address: 5014 Providence Road Total Parcel Area: 26,025 sq. ft. (.597 ac.) Property to be acquired by Easements: 2,055 sq. ft. (.047 ac.) in Sidewalk and Utility Easement, plus 3,144 sq. ft. (.072 ac.) in Temporary Construction Easement Structures/Improvements to be impacted: None Landscaping to be impacted: Trees, shrubs and various plantings Zoned: R-3 Use: Single-family Residential Tax Code: 187-123-20 Purchase Price: $18,745 Council District: 6 City of Charlotte Page 68 Printed on 3/28/2017 City Council Business Meeting Meeting Agenda March 27, 2017 68. Property Transactions - Margaret Turner Road Storm Drainage Improvements, Parcel #2 Action: Approve the following Condemnation: Margaret Turner Road Storm Drainage Improvements, Parcel #2 Project: Margaret Turner Road Storm Drainage Improvements, Parcel #2 Program: Flood Control Owner(s): Oakdale Crossing Residents' Association, Inc. Property Address: Southside of Margaret Turner Road Total Parcel Area: 33,492 sq. ft. (.769 ac.) Property to be acquired by Easements: 1,312 sq. ft. (.03 ac.) in Storm Drainage Easement, plus 5,154 sq. ft. (.118 ac.) in Temporary Construction Easement, plus 7,875 sq. ft. (.181 ac.) in Existing Drainage Accepted as Storm Drainage Easement Structures/Improvements to be impacted: None Landscaping to be impacted: Trees and various plantings Zoned: R-4 Use: Single-family Residential - Common Tax Code: 035-021-28 Appraised Value: $750 Recommendation: To obtain clear title and avoid delay in the project schedule, staff recommends proceeding to condemnation. Council District: 2 City of Charlotte Page 69 Printed on 3/28/2017 City Council Business Meeting Meeting Agenda March 27, 2017 69. Property Transactions - Margaret Turner Road Storm Drainage Improvements, Parcel #17 Action: Approve the following Condemnation: Margaret Turner Road Storm Drainage Improvements, Parcel #17 Project: Margaret Turner Road Storm Drainage Improvements, Parcel #17 Program: Flood Control Owner(s): Oakdale Crossing Residents' Association, Inc. Property Address: 2119 Hopedale Avenue Total Parcel Area: 10,856 sq. ft. (.249 ac.) Property to be acquired by Easements: 572 sq. ft. (.013 ac.) in Storm Drainage Easement, plus 4,013 sq. ft. (.092 ac.) in Temporary Construction Easement, plus 6,274 sq. ft. (.144 ac.) in Existing Drainage Accepted as Storm Drainage Easement Structures/Improvements to be impacted: None Landscaping to be impacted: Trees and various plantings Zoned: R-4 Use: Single-family Residential - Common Tax Code: 035-021-43 Appraised Value: $500 Recommendation: To obtain clear title and avoid delay in the project schedule, staff recommends proceeding to condemnation. Council District: 2 City of Charlotte Page 70 Printed on 3/28/2017 City Council Business Meeting Meeting Agenda March 27, 2017 70. Property Transactions - North Tryon Business Corridor, Parcel #18, #21 and #22 Action: Approve the following Acquisition: North Tryon Business Corridor, Parcel #18, #21, and #22 Project: North Tryon Business Corridor, Parcel #18, #21 and #22 Owner(s): Norfolk Southern Railway Company Property Address: 1710, 1730 and 1802 North Tryon Street Total Parcel Area: 251,268 sq. ft. (5.768 acres) Property to be acquired by Fee: 26,248 sq. ft. (.603 ac.) in Fee Simple Property to be acquired by Easements: 73 sq. ft. (.002 ac.) in Storm Drainage Easement, plus 2,407 sq. ft. (.055 ac.) in Temporary Construction Easement, plus 16,397 sq. ft. (.376 ac.) in Utility Easement Structures/Improvements to be impacted: None Landscaping to be impacted: None Zoned: I-2 Use: Industrial Tax Code: 083-011-18, 083-011-17, and 083-011-16 Price: $490,850 Council District: 1 City of Charlotte Page 71 Printed on 3/28/2017 City Council Business Meeting Meeting Agenda March 27, 2017 71. Property Transactions - North Tryon Business Corridor, Parcel #24 Action: Approve the following Acquisition: North Tryon Business Corridor, Parcel #24 Project: North Tryon Business Corridor, Parcel #24 Owner(s): Norfolk Southern Railway Company Property Address: 1914 North Tryon Street Total Parcel Area: 4,106,711 sq. ft. (94.277 acres) Property to be acquired by Fee: 1,597 sq. ft. (.037 ac.) in Fee Simple Property to be acquired by Easements: 5,449 sq. ft. (.125 ac.) in Storm Drainage Easement, plus 17,448 sq. ft. (.401 ac.) in Temporary Construction Easement, plus 6,316 sq. ft. (.145 ac.) in Utility Easement Structures/Improvements to be impacted: None Landscaping to be impacted: None Zoned: I-2 Use: Industrial Tax Code: 083-01S-02 Purchase Price: $140,000 Council District: 1 Adjournment City of Charlotte Page 72 Printed on 3/28/2017 City Council Business Meeting Meeting Agenda March 27, 2017 REFERENCES City of Charlotte Page 73 Printed on 3/28/2017 City Council Business Meeting Meeting Agenda March 27, 2017 72. 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 74 Printed on 3/28/2017 City Council Business Meeting Meeting Agenda March 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 75 Printed on 3/28/2017 City Council Business Meeting Meeting Agenda March 27, 2017 73. 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 76 Printed on 3/28/2017 City Council Business Meeting Meeting Agenda March 27, 2017 74. 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 77 Printed on 3/28/2017