City Council Business Meeting

City of Charlotte Charlotte-Mecklenburg Government Center 600 East 4th Street Charlotte, NC 28202 Meeting Agenda Monday, April 10, 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 April 10, 2017 5:00 P.M. DINNER BRIEFING, CHARLOTTE-MECKLENBURG GOVERNMENT CENTER, ROOM 267 CITY COUNCIL MEETING Monday, April 10, 2017 In addition to the previously advertised public hearing items, Departments have asked that the time sensitive items listed below not be deferred. Item# Title 8 Public Hearing for General Aviation Revenue Bonds 1. Agenda Overview Staff Resource(s): Marcus Jones, City Manager 2. Mayor and Council Consent Item Questions Staff Resource(s): Ann Wall, 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. City of Charlotte Page 2 Printed on 4/10/2017 City Council Business Meeting Meeting Agenda April 10, 2017 3. Economic Development Financial Partners Workplan Staff Resource(s): Randy Harrington, Management and Financial Services Rachel Wood, Strategy and Budget Time: 1 hour and 15 minutes Explanation § Financial Partners are contracted by the City of Charlotte to provide specific services to the community that are aligned with the City’s Focus Areas and other strategic priorities. § The types of financial partnerships are diverse and include several agencies that promote and contribute to the economic development of the Charlotte-Mecklenburg region. § Economic Development Financial Partners include: - Charlotte Center City Partners - University City Partners - Charlotte Regional Visitors Authority - Charlotte Regional Partnership § Two of the City’s current Economic Development Financial Partners, Charlotte Center City Partners and University City Partners, administer the City’s Municipal Service Districts. Per state statute, agencies providing services for Municipal Service Districts are required to provide an annual workplan report to City Council. § In an effort to help describe and delineate the roles of the City’s various Economic Development Financial Partners, all four of the City’s Economic Development Financial Partners will present a workplan presentation to City Council. Future Action § This presentation is for information purposes only. § Preliminary Fiscal Year 2018 Financial Partner funding recommendations will be presented during the April 12, 2017, Council Budget Workshop. § Financial Partner funding recommendations will be included in the City Manager’s Fiscal Year 2018 Recommended Budget presentation on May 1, 2017. § Final Financial Partner funding levels will be included in the June 12, 2017, budget adoption agenda item. City of Charlotte Page 3 Printed on 4/10/2017 City Council Business Meeting Meeting Agenda April 10, 2017 4. Charlotte-Mecklenburg Police Department Central Division Office Staff Resource(s): Kerr Putney, Police Jennifer Smith, Engineering and Property Management Tony Korolos, Engineering and Property Management Time: 20 Minutes Explanation § The Central Division of the Charlotte-Mecklenburg Police Department (CMPD) is currently located in a leased facility at the corner of 7th Street and College Street. § Bank of America owns the property and has informed the City that CMPD must make plans to vacate the facility. The current facility is part of the two-block area which will be redeveloped under the proposed North Tryon Vision plan. § CMPD and Engineering and Property Management considered over 10 properties for the potential new location for a City-owned Central Division station. § The lease at the current location expires July 31, 2018. Future Action § On April 24, 2017, City Council will be asked to approve the following: - Design contract with ADW Architects, - Condemnation of the 0.17 acre parcel at 700 West 5th Street, and - Authorize the City Manager to approve Business Relocation Payments for the tenants located at 700 West 5th Street. § A budget adjustment will be included in the Fiscal Year 2018 Community Investment Plan. § At a future date, Engineering and Property Management will request Council to approve a lease extension with Bank of America until the future station can be built. 5. Answers to Mayor and Council Consent Item Questions Staff Resource(s): Ann Wall, City Manager’s Office Time: 10 minutes Synopsis Staff responses to questions from the beginning of the dinner meeting. City of Charlotte Page 4 Printed on 4/10/2017 City Council Business Meeting Meeting Agenda April 10, 2017 Call to Order Roll Call Introductions Invocation Pledge of Allegiance City of Charlotte Page 5 Printed on 4/10/2017 City Council Business Meeting Meeting Agenda April 10, 2017 6. Consent agenda items 12 through 35 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. 7:00 P.M. AWARDS AND RECOGNITION 7. Fair Housing Month Proclamation Action: Mayor Roberts will read a proclamation recognizing the month of April 2017 as Fair Housing Month. City of Charlotte Page 6 Printed on 4/10/2017 City Council Business Meeting Meeting Agenda April 10, 2017 PUBLIC HEARING City of Charlotte Page 7 Printed on 4/10/2017 City Council Business Meeting Meeting Agenda April 10, 2017 8. Public Hearing for General Aviation Revenue Bonds Action: Public hearing related to 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. Staff Resource(s): Brent Cagle, Aviation Randy Harrington, Management and Financial Services Mike Hill, Aviation Teresa Smith, Management and Financial Services Explanation § The United States Internal Revenue Service requires a public hearing on new tax-exempt debt funded projects. § At the March 27, 2017 City Council Business meeting, City Council set a public hearing for General Aviation Revenue Bonds (GARB) expected to be issued in June 2017. § 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 Bond Anticipation 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 Operations Center - 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 City of Charlotte Page 8 Printed on 4/10/2017 City Council Business Meeting Meeting Agenda April 10, 2017 Business Meeting on April 24, 2017. § Both long- and short-term GARB notes are secured by Airport revenue. Signatory airlines have approved the projects. § Prior to debt issuance, an outside feasibility study must be completed that indicates sufficient revenues will be available to pay the debt. This feasibility study is currently underway. § The debt issuances must be approved by the Local Government Commission (LGC). Next Steps § At the April 24, 2017 City Council Business meeting, City Council will be asked to approve the adoption of the amended and restated bond order and approve resolutions. § The LGC is scheduled to approve the application regarding these issuances on May 2, 2017. § The GARB issuance is scheduled to close on June 1, 2017 and the notes later in June. Fiscal Note Funding: Airport Debt Service Fund City of Charlotte Page 9 Printed on 4/10/2017 City Council Business Meeting Meeting Agenda April 10, 2017 POLICY 9. City Manager’s Report City of Charlotte Page 10 Printed on 4/10/2017 City Council Business Meeting Meeting Agenda April 10, 2017 BUSINESS 10. Nominations to Neighborhood Matching Grants Fund Action: Nominate citizens to serve as specified. Staff Resource(s): Stephanie Kelly, City Clerk’s Office Explanation § One City staff employee recommendation by the City Manager for a full two-year term beginning April 16, 2017 and ending April 15, 2019. - Sarah Hazel has been recommended by the City Manager. - The letter of recommendation is included with the application. § One appointment in the Business Representative category for a full two-year term beginning April 16, 2017 and ending April 15, 2019. - Michelle Allen has resigned. § One appointment in the Neighborhood Representative category for a full two-year term beginning April 16, 2017 and ending April 15, 2019. - Doug Jones is eligible and interested in being reappointed. § One appointment in the Neighborhood Representative category for a partial term beginning immediately and ending April 15, 2018. - Will Russell did not meet attendance requirements. Attachment(s) Neighborhood Matching Grants Fund Applicants 11. Mayor and City Council Topics The City Council members may share information and raise topics for discussion. City of Charlotte Page 11 Printed on 4/10/2017 City Council Business Meeting Meeting Agenda April 10, 2017 CONSENT 12. Charlotte-Mecklenburg Police Department Hickory Grove Division Lease Extension Action: Approve an extension of the lease agreement at 5727 North Sharon Amity Road, Suite A (portion of parcel identification number 099-221-01), for the Charlotte-Mecklenburg Police Department Hickory Grove Division, extending the term of the lease for two years with one, one-year extension option. Staff Resource(s): Kerr Putney, Police Gina Shell, Engineering and Property Management Katrina Graue, Police Tony Korolos, Engineering and Property Management Explanation § The Charlotte-Mecklenburg Police Department (CMPD) Hickory Grove Division has leased a 17,800 square foot suite at 5727 North Sharon Amity Road since August 1, 2001. § On May 23, 2011, City Council approved an amendment to the original agreement, which extended the lease term through July 31, 2015, and allowed for two, one-year options to renew the lease. The final lease renewal option will expire on July 31, 2017. § The proposed extension amendment includes the following terms: - The agreement will extend the lease term for two years, through July 31, 2019. - Initial base rent will be $4 per square foot, or $5,933 per month, and will increase to $6,675 per month during the second year. The rental rate is consistent with the market rate in the area. - The City will be responsible for a pro rata share of taxes, insurance, and common area maintenance (TICAM). The TICAM charges are currently $12,638 per year. - The agreement contains a termination option after July 31, 2018 with at least a 180-day notice. - The agreement contains a one-year extension option, through July 31, 2020. If exercised, the rental rate during the extension will be $6,867.83 per month. § In February 2010, CMPD adopted the Facilities Strategic Plan, which outlines division facility goals through 2025. In this plan, CMPD prioritized the transition from renting leased spaces to occupying City-owned facilities. § The CMPD Hickory Grove Division received Community Investment Plan funding in Fiscal Year 2017 for a future division station to be constructed on City-owned land located at 7025 Albemarle Road (parcel identification number 109-171-11). The new facility will support CMPD’s objectives to be highly visible and accessible within the community, reduce operating costs, and accommodate future personnel growth. § Design of the new facility is expected to be completed in May 2017, and construction is anticipated to begin in November 2017. The project is expected to be completed within budget in December 2018. This timeline allows for the station to be completed prior to the end of the lease extension term. Fiscal Note Funding: Police Operating Budget Attachment(s) Map Location Map - CMPD Hickory Grove Division Lease Extension City of Charlotte Page 12 Printed on 4/10/2017 City Council Business Meeting Meeting Agenda April 10, 2017 13. TreesCharlotte Tree Watering Services Action: Approve contracts with the following companies for tree watering services for an initial term of three years: - Carolina Wetland Services, Inc., in the amount of $124,840 for Area 1 - New Beginning Landscape, LLC, in the amount of $110,160 for Area 2, and - New Beginning Landscape, LLC, in the amount of $114,750 for Area 3. Staff Resource(s): Gina Shell, Engineering and Property Management Quin Hall, Engineering and Property Management Erin Oliverio, Engineering and Property Management Explanation § City Council’s Environment Focus Area Plan includes the objective to maintain and protect the City’s urban forest. § TreesCharlotte is a non-profit organization that works with the City to plant trees on public and private property where the City would not otherwise plant, as a strategy to help reach City Council’s goal of 50% tree canopy by 2050. § Through this partnership 7,000 trees have been planted at school sites citywide, with another 4,800 trees to be planted in the next three years. § Watering services ensure that each tree is visited for one year from the date of planting, fulfilling standard landscape industry practice for tree establishment, with a minimum of 16 waterings per tree and possibly more if required by climate conditions. § On February 15, 2017, the City issued a Request for Proposal (RFP); 15 proposals were received from five interested service providers. § Both firms selected are City of Charlotte Small Business Enterprise (SBE) vendors. § Work is anticipated to begin April 15, 2017. Charlotte Business INClusion No subcontracting goals were established because there are no opportunities (Part C: Section 2.1(a) of the Charlotte Business INClusion Policy). However, 100% of these contracts will be awarded to the following certified firms: · New Beginnings Landscape (SBE, MBE) · Carolina Wetland Services (SBE, WBE) Fiscal Note Funding: General Community Investment Plan Attachment(s) Map Summer 2017 Watering Locations2 City of Charlotte Page 13 Printed on 4/10/2017 City Council Business Meeting Meeting Agenda April 10, 2017 14. Back Creek Church Road Farm-To-Market Road Project Action: Award a contract in the amount of $2,086,981.58 to the lowest responsive bidder B & N Grading, Inc. for the Back Creek Church Road Farm-To-Market Road Project. Staff Resource(s): Jennifer Smith, Engineering and Property Management Imad Fakhreddin, Engineering and Property Management Explanation § The Back Creek Church Road Farm-to-Market project will upgrade Back Creek Church Road, from Rocky River Road to Scott Creek Drive, to improve safety, reduce congestion, support existing and proposed land uses, and provide accommodations for pedestrians and bicyclists. § The project includes: - Construction of a concrete multi-use path for pedestrians and bicyclists on the west side and a sidewalk on the east side of Back Creek Church Road, - Left turn lanes on Back Creek Church Road at Rocky River Road and at Scott Creek Drive, - A new storm drainage system along the entire project from Rocky River Road to Scott Creek Drive, and - Sanitary sewer extension. § Landscaping and street lights will be installed after construction is complete. § On February 9, 2017, the City issued an Invitation to Bid; 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 fourth quarter 2018. Charlotte Business INClusion Established SBE Goal: 19.00% Committed SBE Goal: 24.00% B & N Grading, Inc. exceeded the established SBE subcontracting goal, and has committed 24.00% ($500,875.58) 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) ($275,000) (concrete) · Streeter Trucking Company, Inc. (SBE, MBE) ($225,875.58) (hauling) Established MBE Goal: 5.00% Committed MBE Goal: 10.82% B & N Grading, Inc. exceeded the established MBE subcontracting goal, and has committed 10.82% ($225,875.58) of the total contract amount to the following certified firms (Part B: Section 3 of the Charlotte Business INClusion Policy): · Streeter Trucking Company, Inc. (SBE, MBE) ($225,875.58) (hauling) B & N Grading, Inc. is a City SBE. Fiscal Note Funding: General Transportation Community Investment Plan Attachment(s) Map Location Map - Back Creek Church Road Farm-To-Market Road Project City of Charlotte Page 14 Printed on 4/10/2017 City Council Business Meeting Meeting Agenda April 10, 2017 15. Morris Field Drive Bridge Replacement - Planning and Design Services Action: Approve a contract in the amount of $951,688.82 with DRMP, Inc. for planning and design services for the Morris Field Drive Bridge Replacement project. Staff Resource(s): Jennifer Smith, Engineering and Property Management Allison Brickey, Engineering and Property Management Explanation § In August 2015, the City Council approved a Municipal Agreement with the North Carolina Department of Transportation (NCDOT) for the replacement of the Morris Field Drive Bridge. § The 74-year-old bridge is located approximately 700-feet southwest of the intersection of Morris Field Drive and Wilkinson Boulevard and spans the Norfolk Southern Railway. The new bridge will accommodate motorists, pedestrians, and cyclists. § The bridge meets criteria for replacement based on a ranking using a combination of sufficiency ratings and current conditions. Sufficiency ratings are determined during bridge inspections and include an analysis of structure defects including cracking, spalling, and splitting. § The contract for planning and design services will include public engagement, permitting, and design plans. § On April 29, 2016, the City issued a Request for Qualifications (RFQ); 14 proposals were received from interested professional service providers. § DRMP, Inc. was selected as the best qualified firm. § The total budget for the Morris Field Drive Bridge Replacement project is estimated to be $4,300,000. - The Municipal Agreement assumed a total project cost of $3,100,000 and commits to reimburse the City up to $2,480,000 of federal funding for 80% of the project costs for preliminary engineering, environmental documentation, real estate acquisition, utility relocation, and construction costs of the project. - The remaining 20% balance of $620,000 will be paid by the City’s Bridge Replacement Program. - Future supplemental agreements with NCDOT are anticipated in the amount of approximately $1,200,000 to cover the remaining balance to complete the project. Charlotte Business INClusion This is a municipal agreement contract and is exempt (Part A: Appendix 1.27 of the Charlotte Business INClusion Policy). Fiscal Note Funding: General Community Investment Plan Attachment(s) Map Location Map - Morris Field Bridge Replacement City of Charlotte Page 15 Printed on 4/10/2017 City Council Business Meeting Meeting Agenda April 10, 2017 16. Road Resurfacing Contract for Fiscal Year 2017A Project Action: A. Award a contract in the amount of $4,449,462.43 to the lowest responsive bidder Blythe Construction, Inc. for the Resurfacing Fiscal Year 2017A project, and B. Authorize the City Manager to approve up to two renewals and to amend the contract as necessary to meet business needs. Staff Resource(s): Danny Pleasant, Transportation Jennifer Smith, Engineering and Property Management Tony Bartlett, Transportation Andy Babson, Engineering and Property Management Explanation § The 2017 resurfacing contract will pave an estimated 70 lane miles in the southern half of the City. Additional City streets will be paved during subsequent renewals. § The total mileage to be paved is dependent on asphalt price stability throughout the contract. The contract work includes: - Traffic control, - Asphalt and concrete pavement milling, - Asphalt paving, - Base failure repair, - Asphalt surface treatment, - Utility adjustments, - Manhole frame and cover replacements, - Wheelchair ramp installation, - Sidewalk and curb repairs, and - Pavement marking. § On February 3, 2017, the City issued an Invitation to Bid; four bids were received from interested service providers. § Blythe Construction, Inc. was selected as the lowest responsive, responsible bidder. Street resurfacing for 2017 is scheduled to be completed by October 31, 2017 depending on weather conditions. Background § Resurfacing is the most effective treatment to preserve and maintain the condition of streets within the City of Charlotte. § Timely resurfacing of streets improves ride quality, reduces the occurrence of potholes, and reduces the need for more costly repairs in the future. § Streets are selected for repaving based on pavement condition ratings, field evaluations by staff, and information from a computerized pavement management system. § Streets are also evaluated for distresses and other conditions. § Coordination with other City projects occurs to provide economies of scale of cost. § Notice of resurfacing is provided to motorists, property owners, and residents by the contractor through the use of highly visible signs placed on the street at least two weeks prior to the start of construction activities. Charlotte Business INClusion Blythe Construction Inc. has identified MSBEs on its project team, and for each work order issued, committed 22.02% of the total contract amount to the following certified firms: · All Points Trucking Inc. (SBE) (hauling) · DOT Construction Inc. (SBE) (concrete) City of Charlotte Page 16 Printed on 4/10/2017 City Council Business Meeting Meeting Agenda April 10, 2017 · RAM Pavement Services (SBE) (pavement) Fiscal Note Funding: Powell Bill Fund Attachment(s) List of Streets proposed to be resurfaced Street List 17. Traffic Signal Construction Action: Award a contract in the amount of $1,426,655.50 to the lowest responsive bidder Whiting Construction Company, Inc. for the Traffic Signal Communications Infrastructure Fiscal Year 2017-B project. Staff Resource(s): Danny Pleasant, Transportation Mark Cook, Transportation Explanation § The contract with Whiting Construction Co., Inc. is for directional boring and traffic signal modification/installation infrastructure construction. § Traffic Signal Communications Infrastructure project Fiscal Year 2017B consists of relocating and installing new traffic signal equipment at various locations in Charlotte. § A contract to provide miscellaneous construction labor and materials for signal work at approximately 20 locations throughout the City is necessary to keep pace with the expansion of Charlotte’s network of over 760 signalized intersections. § On January 30, 2017, the City issued an Invitation to Bid for Traffic Signal Communications Infrastructure; three bids were received from interested service providers. § Whiting Construction Company, Inc. was selected as the lowest responsive, responsible bidder. § The contracted services will be used on an as-needed basis over a two-year period. Charlotte Business INClusion Whiting Construction Company, Inc. has identified MSBEs on its project team, and for each work order issued, committed 16.54% of the total contract amount to the following certified firms: · Conmat Construction Services, Inc (SBE) (concrete) · M.H. Graves (SBE) (trenching) Fiscal Note Funding: Contract costs are covered through private developer funds already approved and received in the General Transportation Community Investment Plan Fund. City of Charlotte Page 17 Printed on 4/10/2017 City Council Business Meeting Meeting Agenda April 10, 2017 18. Private Developer Funds for Traffic Signal Improvements Action: A. Authorize the City Manager to execute a Developer Agreement with the Charlotte Mecklenburg Housing Partnership and the YMCA of Greater Charlotte, and B. Adopt a budget ordinance appropriating $141,000 in private developer funds for traffic signal improvements. Staff Resource(s): Danny Pleasant, Transportation Scott Putnam, Transportation Explanation § The $141,000 in private developer funding is for traffic signals/upgrades and related work associated with developer projects. The funding is restricted to the projects noted below. § The following developers are fully funding traffic signal installations and improvements to mitigate traffic impacts around their respective development project: - Charlotte Mecklenburg Housing Partnership contributed $112,000 for a new signal and pedestrian signals at the intersection of Statesville Avenue and Woodard Avenue. - YMCA of Greater Charlotte contributed $29,000 for signal modifications at South Boulevard and Lexington Avenue. § The above signals meet the same criteria as other traffic signals approved by the City. § Payments made by the developers are in response to estimates of work prepared by the Charlotte Department of Transportation (CDOT). § Funding contributed by the developer for a signal project that is unused by the City will be refunded. § CDOT will be installing and operating 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 032317 CDOT ord 4-10-17 Developer Contributions City of Charlotte Page 18 Printed on 4/10/2017 City Council Business Meeting Meeting Agenda April 10, 2017 19. Surveying Services for Charlotte Water Action: A. Approve unit price contracts for surveying services required for the management, operation, and maintenance of the Charlotte Water systems to the following firms: - Lawrence Associates, PA, $550,000 - CES Group Engineers, LLP, $200,000, and B. Authorize the City Manager to renew the contracts for one term with possible price adjustments and to amend the contract as necessary to meet business needs. Staff Resource(s): Barry Gullet, Charlotte Water Carl Wilson, Charlotte Water Explanation § The contracts will provide surveying services to supplement existing in-house surveying staff. § Charlotte Water operates and maintains more than 8,400 miles of sanitary sewer and water lines throughout the service area. Accurate survey data of water and sanitary sewer infrastructure is vital to system analysis and planning. Data collected through these contracts will help to ensure that future infrastructure decisions are developed from accurate models. § On January 24, 2017, the City issued a Request for Qualifications (RFQ); eight responses were received from interested professional service providers. § Lawrence Associates, PA and CES Group Engineers, LLP were selected as the best qualified firms on the basis of demonstrated competence and qualification of professional services. - Lawrence Associates, PA was selected for the first contract for a larger scope of work related to acquiring new survey data. - CES Group Engineers, LLP was selected for a second contract on a smaller scope of work related to quality control of previously gathered data. CES Group Engineers, LLP is a City certified SBE. 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). · Lawrence Associates, PA Lawrence Associates, PA committed 4.00% ($22,000) to the following SBE during the negotiation process: - Jaamco Drain Cleaning & Video Inspection, Inc. (SBE) ($22,000) (CCTV sewer inspection) However, Charlotte Water already has this SBE under contract and will utilize the existing contract for this service. · CES Group Engineers, LLP Contract CES Group Engineers, LLP is a City SBE and registered WBE. Fiscal Note Funding: Charlotte Water Community Investment Plan City of Charlotte Page 19 Printed on 4/10/2017 City Council Business Meeting Meeting Agenda April 10, 2017 20. Charlotte Water Miscellaneous Plumbing Services Action: A. Approve a unit price contract with WH Hobbs, Inc. for plumbing services for an initial term of one year, and B. Authorize the City Manager to renew the contract for up to two additional, one-year terms with possible price adjustments and to amend the contract as necessary to meet business needs. Staff Resource(s): Barry Gullet, Charlotte Water Carl Wilson, Charlotte Water Explanation § The contract provides miscellaneous plumbing services for Charlotte Water on an as-needed basis. § Based on citizen feedback, rate payers will have the opportunity to utilize a financial assistance program where the plumbing service provider can install new piping and fixtures from the meter to the home, and the cost for this service is repaid to Charlotte Water over a period of five years. § Services under the contract will be broken into two scopes: - On-call services: Routinely during the performance of water and/or sewer-related repairs, plumbing issues can develop inside residences. In these cases, Charlotte Water uses a certified third-party plumber to assess the situation and determine what repairs, if any, are required. The service is available 24-hours a day. - Scheduled services: During the construction or replacement of water and sewer mains, Charlotte Water may need a certified third-party plumber for the installation of water services outside of street right-of-way to connect the structure to the new water meter. § On January 25, 2017, the City issued a Request for Proposal (RFP) for Plumbing Services. In response to the RFP, the City received one proposal from WH Hobbs, Inc. § The contract gives the City the option to renew for two additional, one-year terms. At the time of renewal, the plumbing contractor may provide the City with justification for price adjustments. The City reserves the right for approval of the pricing increase request. § Estimated contract expenditures are $355,000 annually. Charlotte Business INClusion No subcontracting goals were set because there are no subcontracting opportunities (Part C: Section 2.1 (a) of the Charlotte Business INClusion Policy). Fiscal Note Funding: Charlotte Water Operating Budget and Community Investment Plan City of Charlotte Page 20 Printed on 4/10/2017 City Council Business Meeting Meeting Agenda April 10, 2017 21. Water Pipeline Flushing Project Action: A. Approve a unit price contract with Hydromax USA LLC for Water Pipeline Flushing Services for an initial term of one year, and B. Authorize the City Manager to renew the contract for up to one additional, one-year term with possible price adjustments and to amend the contract as necessary to meet business needs. Staff Resource(s): Barry Gullet, Charlotte Water Angela Lee, 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. § The project will develop and document processes for systematic flushing and test these processes. § Flushing improves water quality by removing accumulated sediment and managing water age. § Water pipe flushing is recognized as a best management practice to maintain drinking water quality. § On November 10, 2016, Charlotte Water issued a Request for Proposal (RFP); two proposals were received from interested service providers. § Hydromax USA LLC best meets the City’s needs in terms of qualifications, experience, cost, and responsiveness to RFP requirements. § Estimated contract expenditures are $208,000 annually. § Price adjustments for the renewal will be based on the Construction Cost Index. Charlotte Business INClusion No subcontracting goal was established because there are no subcontracting opportunities (Part C: Section 2.1 (a) of the Charlotte Business INClusion Policy) Fiscal Note Funding: Charlotte Water Community Investment Plan Attachment(s) Map UDF_ForRCA City of Charlotte Page 21 Printed on 4/10/2017 City Council Business Meeting Meeting Agenda April 10, 2017 22. Aviation Generator Maintenance Action: A. Approve a unit price contract with Kraft Power Corporation for Generator Maintenance for an initial term of three years, and B. Authorize the City Manager to renew the contract for up to two, one-year renewal terms with possible price adjustments and to amend the contract as necessary to meet business needs. Staff Resource(s): Brent Cagle, Aviation Jack Christine, Aviation Explanation § Aviation relies on approximately 26 generators on Airport property to provide a backup power supply when needed. § The contract with Kraft Power Corporation will provide regular maintenance services, repair services, and loaner units when needed. § On January 27, 2017, the City issued a Request for Proposal (RFP); five proposals were received from interested service providers. § Kraft Power Corporation best meets the City’s needs in terms of experience, operations plans, cost, and responsiveness to RFP requirements. § The contract gives the City the option to renew the contract for up to two additional, one-year terms at prices to be negotiated based on market conditions. § 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 $100,000 annually. Charlotte Business INClusion No subcontracting goal was established because there are no subcontracting opportunities (Part C: Section 2.1(a) of the Charlotte Business INClusion Policy). Fiscal Note Funding: Aviation Operating Budget City of Charlotte Page 22 Printed on 4/10/2017 City Council Business Meeting Meeting Agenda April 10, 2017 23. Aviation Bus Painting Services Action: A. Approve a unit price contract with Gerber Collision (Northeast) Inc., for Bus Painting Services for an initial term of three years, and B. Authorize the City Manager to renew the contract for up to two, one-year terms with possible price adjustments and to amend the contract as necessary to meet business needs. Staff Resource(s): Brent Cagle, Aviation Jack Christine, Aviation Explanation § Aviation uses a fleet of buses to transport customers and employees between parking areas and the Airport Terminal. § The contract with Gerber Collision will provide paint services for both new and existing buses in Aviation’s bus fleet that require painting due to wear and tear or collisions. § Aviation operates and maintains approximately 80 buses. § On February 17, 2017 the City issued a Request for Proposal (RFP); two proposals were received from interested service providers. § Gerber Collision Northeast Inc, best meets the City’s needs in terms of qualifications, experience, cost, and responsiveness to RFP requirements. § The contract gives the City the option to renew the contract for up to two additional, one-year terms at prices to be negotiated based on market conditions. § The company will be paid the unit prices set forth in the contract, a copy of which is available upon request § Aviation estimates total contract expenditures over the three year term to be $300,000. Charlotte Business INClusion No subcontracting goal was established because there are no subcontracting opportunities (Part C: Section 2.1(a) of the Charlotte Business INClusion Policy). Fiscal Note Funding: Aviation Operating Budget City of Charlotte Page 23 Printed on 4/10/2017 City Council Business Meeting Meeting Agenda April 10, 2017 24. Aviation Arc Flash Testing Services Action: A. Approve a unit price contract with Dale & Dale, Inc. for Arc Flash Testing for an initial term of five years, and B. Authorize the City Manager to renew the contract for up to two, one-year terms with possible price adjustments and to amend the contract as necessary to meet business needs. Staff Resource(s): Brent Cagle, Aviation Jack Christine, Aviation Explanation § Arc flash testing is the process of determining the arc rating needed for personal protective equipment to be used in areas where an electrical hazard may exist. § Aviation will post the arc ratings to maintain compliance with the Occupational Safety and Health Administration department. § On January 27, 2017, the City issued a Request for Proposal (RFP); seven proposals were received from interested service providers. § Dale & Dale, Inc. best meets the City’s needs in terms of qualifications, experience, operations plan, staffing, cost, and responsiveness to RFP requirements. § The contract gives the City the option to renew for two additional, one-year terms at prices to be negotiated based on market conditions. § 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 $100,000 annually. Charlotte Business INClusion No subcontracting goal was established because there are no subcontracting opportunities (Part C: Section 2.1(a) of the Charlotte Business INClusion Policy). Fiscal Note Funding: Aviation Operating Budget City of Charlotte Page 24 Printed on 4/10/2017 City Council Business Meeting Meeting Agenda April 10, 2017 25. Airport Environmental Impact Statement Scoping Contract Action: Approve a contract in an amount not to exceed $3,107,090 with VHB Engineering NC, PC for Environmental Impact Statement scoping services. Staff Resource(s): Brent Cagle, Aviation Jack Christine, Aviation Explanation § Environmental Impact Statements (EIS) are required by the Federal Aviation Administration (FAA) for large scale projects such as runways. § The EIS process takes a minimum of three years to complete and includes both an EIS scoping portion and an EIS study. § The contract with VHB Engineering NC, PC will prepare the EIS scoping portion for the Airport. It includes conducting public and agency scoping and outlining development alternatives that will be analyzed as part of the broader EIS process. § Aviation anticipates returning to Council in 12 to 14 months to request approval of a contract for the remaining portion of the EIS. Background § The Airport completed a master plan update in 2015 which evaluated capacity and demand of existing and future airfield and terminal facilities. As part of this project, the Airport Layout Plan (ALP) was also updated and conditionally approved by the FAA in March 2016. § The master plan update and ALP updates were based on a forecast used to determine the short- and long-term capital needs for airfield, terminal, and airport support facilities over the next 10-20 years. - The master plan update identified the need for a fourth parallel runway to replace the existing crosswind runway, aircraft hold pads, end around taxiways, the relocation of West Blvd., as well as additional aircraft gates in the terminal over the next 10 years. Per FAA and NEPA regulations, implementation of these proposed projects is subject to an EIS. § On March 2, 2016, the City executed a Memorandum of Understanding between the FAA that establishes the framework in which the FAA will prepare an EIS for certain projects in the approved Airport’s Community Investment Plan. § While the FAA selected the consultant, the FAA requires the Airport to contract with that consultant. On October 25, 2016, the Airport authorized a preliminary contract in the amount of $98,000 with VHB Engineering NC, PC to begin project planning activities. § The Airport will request up to 75% reimbursement of expenditures via federal grant. Disadvantaged Business Enterprise The City negotiates subcontracting participation after the proposal selection process. VHB Engineering NC, PC has committed 21.50% ($668,156) of the total contract amount to the following certified firms: § Wetherill Engineering (DBE) ($239,324) (ground survey, aerial mapping, map development) § Arora Engineers (DBE) ($158,771) (geographic information, system assessment, mapping, 508 compliance) § TransSolutions (DBE) ($122,255) (delay, airfield and airspace modeling, alternatives assessment) § Marr Arnold (DBE) ($46,443) (airport planning, alternatives analysis and review) § Meeting Services, Inc (DBE) ($22,398) (media management, audio/visual services) § FourSquare ITP (DBE) ($20,741) (stakeholder engagement) § Art & Negative Graphics (DBE) ($20,181) (printing and mailing) § AVCON, Inc (DBE) ($16,843) (airfield engineering) § KB Environmental (DBE) ($13,240) (air quality and greenhouse gas assessment) City of Charlotte Page 25 Printed on 4/10/2017 City Council Business Meeting Meeting Agenda April 10, 2017 § MM/I and Associates Inc. (DBE) ($7,960) (translation and interpreting services) Fiscal Note Funding: Aviation Community Investment Plan The Airport will seek a federal grant reimbursement for up to 75% of the project cost. 26. Airport Centralized Receiving and Distribution Center Action: Approve a contract in the amount of $142,090 with LS3P Associates, LTD to provide architectural and engineering services for a temporary Centralized Receiving and Distribution Center. Staff Resource(s): Brent Cagle, Aviation Jack Christine, Aviation Explanation § The contract with LS3P Associates, LTD will provide architectural and engineering services to renovate an existing cargo facility into a temporary centralized receiving and distribution center for Aviation’s concession tenants. § Concession tenants have occupied the same space since 1982, despite significant growth in operations. § Due to the time needed to construct a permanent facility, the Aviation staff, in coordination with the Airport’s concession partners, determined that a temporary facility would immediately accommodate existing demands. § On June 14, 2016, the City issued a Request for Qualifications; three firms submitted a proposal. § LS3P Associates, LTD was selected based on its extensive experience in distribution centers of this type, particularly as it relates to large hub airports. § Aviation continues to work with concessionaires to determine the plan for the permanent facility. § The concessionaires will pay a rent that recovers the costs of design, construction, and ongoing operations and maintenance once the facility is opened. 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). LS3P Associates, LTD has committed 3.55% ($5,040) of the total contract amount to the following certified firm: § Willoughby 2000 PLLC (SBE) ($5,040) (cost estimating) Fiscal Note Funding: Aviation Community Investment Plan City of Charlotte Page 26 Printed on 4/10/2017 City Council Business Meeting Meeting Agenda April 10, 2017 27. Citywide Technology Products and Associated Services Action: A. Approve unit price contracts with the following companies for technology products and associated services for an initial term of three years: - CDW LLC, - Mosaic451 LLC, - Ricoh USA Inc., - SHI International Corp, and - Troxell Communications Inc. B. Authorize the City Manager to renew the contracts for up to two additional, one-year terms with possible price adjustments and to amend the contracts as recommended to meet business needs. Staff Resource: Randy Harrington, Management and Financial Services Teresa Smith, Management and Financial Services Explanation: § The City uses miscellaneous technology goods and services which are procured from a variety of providers. § The vendors will provide the following miscellaneous technology goods and services: - Computer peripherals (printers, scanners, keyboards, mouse, speakers, etc.), - Conference room equipment (smartboards and projectors), - Miscellaneous technology items (plotters, tablet computers, ruggedized laptops, basic video cameras and equipment, power protection, and A/V equipment, etc.), - Servers, - Network hardware and software, and - Commercial off the shelf software, support, maintenance, licensing and related services. § On November 1, 2016, the City issued a Request for Proposals (RFP); on behalf of the Charlotte Cooperative Purchasing Alliance (CCPA) for Technology Products and Associated Services. In response to the RFP, the City received 23 proposals were received from interested service providers. § The contract will be part of the CCPA, which is a cooperative purchasing program within Management and Financial Services with the specific purpose of reducing procurement costs by leveraging aggregate purchasing volume to receive better pricing. § CCPA contracts are available for use by and to benefit all entities that must comply with state purchasing laws (cities, counties, public and private schools, colleges and universities, non-profits, and all governmental entities). § CDW LLC, Mosaic451 LLC, Ricoh USA Inc., SHI International Corp, and Troxell Communications Inc. best meet the City’s needs in terms of qualifications, experience, cost, and responsiveness to RFP requirements. § It is anticipated that the contracts may be renewed for up to two additional, one-year terms. § The vendors will charge the City at their current catalog list cost minus set discounts provided in their contracts, copies of which are available upon request. § Estimated combined contract expenditures for all contracts are $3,000,000 annually. Charlotte Business INClusion No subcontracting goal was established because there are no subcontracting opportunities (Part C: Section 2.1(a) of the Charlotte Business INClusion Policy). Fiscal Note Funding: Various Department Operating Budgets City of Charlotte Page 27 Printed on 4/10/2017 City Council Business Meeting Meeting Agenda April 10, 2017 28. Citywide Drug and Alcohol Testing Services Action: A. Authorize the City Manager to negotiate and approve a unit price contract with Wolfe, Inc. for Citywide Drug and Alcohol Testing Services for an initial term of three years, and B. Authorize the City Manager to renew the contract for up to two, one-year terms with possible price adjustments and to amend the contract as necessary to meet business needs. Staff Resource(s): Cheryl Brown, Human Resources Randy Harrington, Management and Financial Services Teresa Smith, Management and Financial Services Explanation § The Company will perform drug and alcohol testing services in accordance with the City’s drug and alcohol policies and procedures for all City departments. The City is estimated to administer 5,500 drug tests and 2,200 alcohol tests annually. § The Company will screen City employees and job applicants for illegal drugs and improper use of prescription drugs and alcohol for the following events: - Regular drug testing of City employees and job applicants; - Post-accident and reasonable suspicion testing; and - Random testing of employees in safety-sensitive jobs such as fire, police, treatment plant operators, and light rail conductors. § Testing services are available 24/7 for emergency and after-hours needs. § Testing options are provided for job applicants that reside outside of the Charlotte metro area. § Individual City departments work directly with the Company to schedule tests for employees and applicants and to receive test results. § On January 12, 2017, the City issued a Request for Proposals (RFP); eight proposals were received from interested service providers. § Wolfe, Inc. best meets the City’s needs in terms of qualifications, experience, cost, and responsiveness to the RFP requirements. § It is anticipated that the contract may be renewed for up to two additional one-year terms at prices to be negotiated based on market conditions. § 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 $180,300 annually. Charlotte Business INClusion The City negotiated subcontracting participation after the proposal selection process (Part C: Section 2.1(h) of the Charlotte Business Inclusion Policy). Wolfe, Inc. has identified MSBEs on its project and has committed 30% of the total contract amount to the following certified firms: · Behavioral Health Intervention Center (SBE); · Fast and Accurate Test Labs d/b/a FACTLabs (MBE, SBE); and · EPC (MBE) Fiscal Note Funding: Various Department Operating Budgets City of Charlotte Page 28 Printed on 4/10/2017 City Council Business Meeting Meeting Agenda April 10, 2017 29. Refund of Property Taxes Action: Adopt a resolution authorizing the refund of property taxes assessed through clerical or assessment error in the amount of $7,562.58. Staff Resource(s): Randy Harrington, Management and Financial Services Teresa Smith, Management and Financial Services Explanation § Mecklenburg County notified and provided the City the list of Property Tax refunds due to clerical or assessment error. Attachment(s) Taxpayers and Refunds Requested Resolution List of Taxpayers and Refunds Requested Resolution 30. Meeting Minutes Action: Approve the titles, motions, and votes reflected in the Clerk’s record as the minutes of: - February 27, 2017, Business Meeting - March 6, 2017, Workshop - March 20, 2017, Zoning Meeting Staff Resource(s): Stephanie Kelly, City Clerk’s Office City of Charlotte Page 29 Printed on 4/10/2017 City Council Business Meeting Meeting Agenda April 10, 2017 PROPERTY TRANSACTIONS 31. Property Transactions - Beam Road Roundabout at Shopton Road, Parcel #3 Action: Approve the following Condemnation: Beam Road Roundabout at Shopton Road, Parcel #3 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: Beam Road Roundabout at Shopton Road, Parcel #3 Owner(s): Retreat at Carrington Oaks, LLC Property Address: 1825 Carrington Oaks Drive Total Parcel Area: 1,010,218 sq. ft. (23.191 ac.) Property to be acquired by Fee: 6,825 sq. ft. (.157 ac.) in Fee Simple Property to be acquired by Easements: 1,220 sq. ft. (.028 ac.) in Storm Drainage Easement, plus 1,449 sq. ft. (.033 ac.) in Sidewalk and Utility Easement, plus 15,327 sq. ft. (.352 ac.) in Temporary Construction Easement Structures/Improvements to be impacted: None Landscaping to be impacted: Trees, shrubs and various plantings Zoned: R-12 Use: Multi Family Tax Code: 201-011-07 Appraised Value: $79,850 Property Owner’s Concerns: The property owner is concerned the project impacts will eliminate their ability to install future signage. City’s Response to Property Owner’s Concerns: Staff provided the property owner with the appropriate contacts in zoning, per their request, in order to determine if signage could be installed on the property in the future. Recommendation: To avoid delay in the project schedule, proceed to condemnation during which time negotiations can continue, mediation is available and if necessary, just compensation can be determined by the court. Council District: 3 City of Charlotte Page 30 Printed on 4/10/2017 City Council Business Meeting Meeting Agenda April 10, 2017 32. Property Transactions - Shopton Road West Sidewalk Gap, Parcel #2 Action: Approve the following Condemnation: Shopton Road West Sidewalk Gap, Parcel #2 Project: Shopton Road West Sidewalk Gap, Parcel #2 Owner(s): Shirley Grier Strawn Property Address: 10009 Shopton Road West Total Parcel Area: 114,740 sq. ft. (2.634 ac.) Property to be acquired by Easements: 127 sq. ft. (.003 ac.) in Sidewalk and Utility Easement, plus 1,290 sq. ft. (.03 ac.) in Temporary Construction Easement Structures/Improvements to be impacted: None Landscaping to be impacted: None Zoned: R-3 Use: Single-family Residential - Rural Acreage Tax Code: 199-191-18 Appraised Value: $150 Recommendation: Proceed to condemnation to obtain clear title and avoid delay in the project schedule. Council District: 3 City of Charlotte Page 31 Printed on 4/10/2017 City Council Business Meeting Meeting Agenda April 10, 2017 33. Property Transactions - McKee Road and Providence Road Intersection Improvements, Parcel #11.1 Action: Approve the following Condemnation: McKee Road and Providence Road Intersection Improvements, Parcel #11.1 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: McKee Road and Providence Road Intersection Improvements, Parcel #11.1 Owner(s): Providence Park Apartments I, LLC Property Address: 4800 Alexander Valley Drive Total Parcel Area: 687,961 sq. ft. (15.793 ac.) Property to be acquired by Easements: 3,826 sq. ft. (.088 ac.) in Utility Easement Structures/Improvements to be impacted: None Landscaping to be impacted: Trees and various plantings Zoned: R-3 Use: Single-family Residential Tax Code: 231-202-32 Appraised Value: $6,000 Property Owner’s Concerns: The property owner is concerned with the loss of trees, landscaping and the compensation amount offered. City’s Response to Property Owner’s Concerns: Property owner informed that he could obtain his owned appraisal to justify a counter offer. Recommendation: To avoid delay in the project schedule, proceed to condemnation during which time negotiations can continue, mediation is available and if necessary, just compensation can be determined by the court. Council District: 7 City of Charlotte Page 32 Printed on 4/10/2017 City Council Business Meeting Meeting Agenda April 10, 2017 34. Property Transactions - Kenilworth / Romany Storm Water Improvement Project, Parcel #25 Action: Approve the following Condemnation: Kenilworth / Romany Storm Water Improvement Project, Parcel #25 Project: Kenilworth / Romany Storm Water Improvement Project, Parcel #25 Program: Flood Control Owner(s): Judith A. Keck, Trustee of the Land Trust Property Address: 1201Buchanan Street Total Parcel Area: 5,800 sq. ft. (.133 ac.) Property to be acquired by Easements: 249.91 sq. ft. (.006 ac.) in Temporary Construction Easement Structures/Improvements to be impacted: None Landscaping to be impacted: None Zoned: R-8 Use: Single-family Residential Tax Code: 123-126-05 Appraised Value: $3,100 Outstanding Concerns: Property owner became unresponsive during negotiations. Recommendation: To avoid delay in the project schedule, proceed to condemnation during which time negotiations can continue, mediation is available and if necessary, just compensation can be determined by the court. Council District: 1 City of Charlotte Page 33 Printed on 4/10/2017 City Council Business Meeting Meeting Agenda April 10, 2017 35. Property Transactions - Lyon Court Storm Drainage Improvement Project, Parcel #139 Action: Approve the following Acquisition: Lyon Court Storm Drainage Improvement Project, Parcel #139 Project: Lyon Court Storm Drainage Improvement Project, Parcel #139 Program: Flood Control Owner(s): Marcia Marie Mallet Property Address: 1639 Nassau Boulevard Total Parcel Area: 12,705 sq. ft. (.292 ac.) Property to be acquired by Easements: 1,904 sq. ft. (.044 ac.) in Storm Drainage Easement, plus 1,202 sq. ft. (.028 ac.) in Temporary Construction Easement Structures/Improvements to be impacted: None Landscaping to be impacted: Trees and various plantings Zoned: R-5 Use: Single-family Residential Tax Code: 095-079-36 Purchase Price: $36,500 Council District: 1 Adjournment City of Charlotte Page 34 Printed on 4/10/2017 City Council Business Meeting Meeting Agenda April 10, 2017 36. 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 35 Printed on 4/10/2017 City Council Business Meeting Meeting Agenda April 10, 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 36 Printed on 4/10/2017 City Council Business Meeting Meeting Agenda April 10, 2017 37. 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 37 Printed on 4/10/2017 City Council Business Meeting Meeting Agenda April 10, 2017 38. 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 38 Printed on 4/10/2017