Agenda Notes:
-  South Corrior Light Rail Project - Real Estate Acquisition Status
-  Bidder Protest for Upcoming Staff Contract Rocommendations
-  Agenda Item #10: Temporary Fire Station #37
-  Agenda Item #15: Long Creek Parallel Outfall Phase ll

Information Items:
-  CMPD Participation in 2005 Presidential Inauguration

Attachments:
-  Contracts for November 2004
-  ED & Planning Committee Summary Nov.3 2004

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Agenda Notes:
South Corridor Light Rail Pjt. - Real Estate Acquisition Status
Staff Resource: Diane Johnson, 704-336-2854

In order to meet project schedules, City Council will be requested to approve the condemnation of six property transactions for the South Corridor Light Rail Project on the January 10 agenda. Council will also be requested to approve five other settled property acquisitions for the Project on the same agenda. Staff anticipates additional condemnation approval requests on the upcoming January 24 agenda.

South Corridor Light Rail Property Acquisition Status to Date:
      -  139 total parcels required per Project design (36 full and 103 partial acquisitions)
      -  77 parcels acquired (either by negotiated settlement or condemnation)
      -  46 parcels negotiations ongoing
      -  16 parcels negotiations pending valuation/appraisal

Property acquisition is expected to be complete by late March 2005.

Although only 55% of the total parcels have been acquired to date, approximately 87% of the estimated land area has been acquired. All 36 full parcel acquisitions have been completed, including relocation of 65 displacees and demolition of all structures. Actual demolition work along the light rail corridor is nearly complete.

Staff, including the City Attorney's office, will continue to negotiate with the owners of the properties slated for condemnation towards an amicable settlement agreement.

Bidder Protest for Upcoming Staff Contract Recommendations
Staff Resource: Tiffany Capers, 704-336-3862

Two bidders have recently advised staff of their intention to attend the January 10, Council meeting to protest the Small Business Development Program's decision to waive the non-compliance of the lowest bidder. The Small Business Development Program's decision to waive the non-compliance for the two bids resulted in a higher proposed SBE Utilization and a cost avoidance of over of $2 million. A summary of the bid results is provided:

Agenda Item #10: Temporary Fire Station #37
SBE Goal: 6%
Engineer's Estimate: $264,145

Earlier this week, Streamline LLC indicated its intention to protest the Small Business Development Program's decision to waive the non-compliance with the SBO Program for this contract award. The waiver was granted based on the difference in cost and the difference in SBE Utilization Commitment. Granting the waiver is consistent with SBO Program revisions Affecting bids awarded after September 17, 2004.

Bidder	Bid Amount	SBE Utilization Commitment
D.E. Brown	$ 257,724.50	7.29%
Streamline LLC	$ 298,650.00	6.80%

D.E. Brown proposed a higher SBE Utilization Commitment than the second low bidder. Because both bidders exceed the established SBE Utilization Goal, neither bidder had to document that they earned the minimum Good Faith Effort points assigned to the project. D.E. Brown failed to comply with mandatory outreach requirements by making three of 20 mandatory contacts.

Agenda Item #15: Long Creek Parallel Outfall Phase II
SBE Goal: 10%
Engineer's Estimate: $8.8 million

Earlier this week, B.R.S. Inc. indicated that they were protesting the Small Business Development Program's decision to waive the non-compliance with the SBO Program for this contract award . The waiver was granted to the lowest bidder based on the difference in cost and the difference in SBE Utilization Commitment. Granting the waiver is consistent with SBO Program revisions affecting bids awarded after September 17, 2004.

Given the significant difference in lowest bid, second lowest bid and the third bid, staff did not review the Good Faith Effort (GFE) Points earned by the third lowest bidder, B.R.S., Inc., in anticipation of recommendation for Council award to D. H.Griffin. Staff will meet with representatives of B.R.S., Inc. on Friday, January 7.

Bidder	Bid Amount	SBE Utilization Commitment	GFEPints Earned
D.E. Brown Infrastructure	$6,135,832.87	5.12%	80
Central Builders, Inc.	$6.702,657.34	.372%	50
B.R.S., Inc.	$8,969,489.34	3.73%

Application of Policy
Staff recently provided additional information regarding bid awards and the City's Small Business Opportunity Program, specifically applying the revised SBO Program non-compliance waiver. The waiver can be exercised when a non-compliant, lowest bidder proposes to meet or exceed the SBE Utilization Goal established for the project or proposes a higher SBE Utilization than a compliant bidder.

For recent bids, the non-compliance waiver provision has been applied in the following instances:
      -  Water & Sewer Street Main Extensions-non-compliant, lowest bidder proposed an SBE Utilization Goal that exceeded the established goal but failed to comply with mandatory outreach. The non-compliance was waived.

      -  CMGC Restroom Repair-non-compliant, lowest bidder complied with mandatory outreach but proposed 0% SBE Utilization and failed to earn minimum Good Faith Effort points. The non-compliance was not waived.

Information Items:
CMPD Participation in 2005 Presidential Inauguration
Staff Resource: Tim Stewart, 704-336-2328

The Washington, D.C. Police Department has asked CMPD and other East Coast police agencies to provide assistance with security during the 2005 Inauguration Parade, inaugural balls, and associated events on January 20, 2005.

CMPD will be sending approximately 85 police officers from its Civil Emergency Unit to Washington. The officers will leave Charlotte on January 18 and return on January 21. The Federal government will reimburse the salaries and all expenses for the CMPD officers.

A Memorandum of Understanding was negotiated between the Federal government, the Washington, D.C. Metropolitan Police Department, and CMPD on December 15, 2004. Under that agreement, the CMPD officers will be deputized as Federal marshals.

CMPD has trained and equipped over 300 of its officers as a force to deal with civil emergencies, domestic terrorism and other incidents where large scale disorder is a potential issue. CMPD is one of the few departments in the country to offer that extensive training to its officers. Participating in the inaugural events is an excellent opportunity for these officers to apply their training and gain valuable experience in dealing with large crowds and protestors.

CMPD has made some adjustments in its manpower deployment to minimize the impact on its staffing levels for the four days the officers are out of the city.