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Council Manager Memo #82 - Dec. 8, 2006

Calendar:
Monday, December 11
       3:00 pm -
Housing and Neighborhood Development Committee Meeting, Room CH-14.  AGENDA: Neighborhood Symposium Update; Neighborhood Policy, Housing Charlotte 2007 Update; Housing Code: Occupancy and Minor Amendments
       5:00 pm - Council Manager Dinner Briefing, Room 267
       7:00 pm - Council Business Meeting, Meeting Chamber

Thursday, December 14
        6:00 pm - District 4 Neighborhood Meeting - Vance High School, 7600 IBM Road

 

Agenda Notes:
Dinner Agenda Item #5 and Business Agenda Item #17: Williamsburg Neighborhood Curb and Gutter Upgrade
Staff Resources:
   Susan Lewis, 704-336-4202 -
slewis@ci.charlotte.nc.us 
   Jude Starrett, 704-336-5801 - jstarrett@ci.charlotte.nc.us

Included in the December 11, 2006 Council agenda packet was a draft copy of a resolution for action by Council for the Williamsburg Neighborhood curb and gutter upgrade. The final version of this resolution recommended for Council adoption is attached.

Agenda Item #14: NASCAR Office Building
Staff Resource: Ron Kimble, 704-336-4169 - rkimble@ci.charlotte.nc.us

Attached is information on Lauth Property Group. As part of the recommended Council Action, Council is asked to approve NASCAR's assignment of NASCAR's rights to build the office building to Corporate Plaza Partners, LLC. Corporate Plaza Partners is controlled by Lauth Property Group.

Agenda Item #16: NASCAR Hall of Fame - SBE Participation
Staff Resource: Jim Schumacher - 704-336-3656 - jschumacher@ci.charlotte.nc.us 

On December 11, 2006, the City Council agenda will include the award of NASCAR Hall of Fame-related contracts for architectural and other services. The architectural firm was selected as part of the NASCAR proposal process, and other portions of the design work are highly specialized, resulting in the known SBE participation for design type services being less than desired at this time. Some specifics about the three different contracts are highlighted below:

Architectural Services: Pei Cobb Freed & Partners
Pei Cobb Freed (PCF) was selected in the preparation of the competitive proposal to NASCAR for their experience with iconic/signature architecture on similar facilities.

The nature of projects of this type is that nearly all of the work is done in-house or with sub-consultants experienced with this kind of work, in order to maintain optimum design coordination and intent.

PCF has committed to 2.5% SBE participation at this stage, and will work with City staff to identify further SBE opportunities as additional firms are selected for their team.

Exhibit Design Services: Ralph Appelbaum Associates
This firm was selected through the normal "request for qualifications" process; due to the highly specialized nature of the work, and there being no certified firms with related expertise, a 0% goal was set.

Environmental Services: Harvest Environmental Services
This firm was selected through the normal "request for qualifications" process and is an SBE certified firm that will self-perform all of the work.

The construction of the Hall of Fame will provide much greater opportunity for SBE involvement. The Construction Manager, Turner Thompson Davis, is developing their SBO program, and it will be presented to the City Council, including a goal, prior to the award of their construction contract. Through our Development Agreement with NASCAR and its developer, Corporate Plaza Partners, the City will require Corporate Plaza Partners to set an SBE goal for the construction of the office building and tenant upfit. The goal in the proposed development agreement is 12.5%.

As a note, the same firm is the Construction Manager for the Mecklenburg County Courthouse, now in its final phase of construction, and has achieved an M/WBD participation of 16%.

Agenda Item #18: South Corridor Light Rail Project Contract Change Orders
Staff Resource: Ron Tober, 704-336-7245 - rtober@ci.charlotte.nc.us  

This agenda item provides for the following:

  • a contract change order with Archer Western Contractors to increase the contract amount for the Roadbed, Bridges, Trackwork contract by $2,500,000.
  • a contract change order with Archer Western Contractors to increase the contract amount for the Station Finishes contract by $3,000,000.
  • a contract change order with Edifice Inc. to increase the contract amount by $300,000 for the Vehicle Maintenance Facility (VMF).

Costs associated with these requested actions are included in the recently established Project Estimate At Completion (EAC) of $462.7 million.

These change orders are separate and distinct from the actions Council took on October 23 on the Archer Western and Mass/Aldridge Joint Venture contracts. Those actions were global settlements meant to address primarily schedule delay and acceleration issues and establish the necessary contract milestones to meet the target opening date of November 26, 2007.

These contract change orders are required to increase the contract amount in each contract to pay for known project changes and also to add unallocated funds to establish a working contingency against which future project change orders can be charged.

These project changes have arisen due to a variety of reasons including:

  • designer errors and omissions
  • changing field conditions
  • third party requirements
  • a contract time extension for the VMF
  • County Building Inspection requirements.

Agenda Item #24: Refund of Property Tax - CORRECTION
Staff Resource: Scott Greer, 704-336-5883 - sgreer@ci.charlotte.nc.us

There is a typographical error on Item 24 (Refund of Property Tax and Business License Tax) of the Council Agenda for December 11. The amount for Property Tax refunds is $20,195.26.

Agenda Item #31: Dewitt Lane Extension - South Corridor Infrastructure Program (SCIP) Package C
Staff Resource: Jim Keenan, 704-336-4252 - jkeenan@ci.charlotte.nc.us 

A change order for this project in the amount of $140,043.75 is on the December 11, 2006 Agenda for Council approval. The change order provides for:

  • Removal and replacement of unsuitable soil material necessary for culvert construction; and
  • Removal and replacement of an existing section of pavement adjacent to the new roadway.

The Dewitt Lane Extension Project will extend Dewitt Lane to Tryclan Drive to create a new roadway connection between Freeland Lane and Clanton Road. This project is funded through 2002 and 2004 voter-approved Roadway Bonds and CMU Water and Sewer Revenue Bonds. Sufficient funds for this change order are available in the project account.

Council approved the original contract for $1,562,187.17 on February 13, 2006.

The project contract includes a quantity of structural backfill material to accommodate the replacement of unsuitable foundation soils should they be encountered. However, during construction of a 20' deep culvert, we encountered a greater than expected quantity of unsuitable soil. Construction staff determined that proper construction of the culvert required that the unsuitable soils be removed and replaced.

The project design originally prescribed asphalt pavement overlay for all existing pavement within the project limits. However, construction traffic from this Project as well as the SCLRT project revealed that a 700 ft. section of existing pavement near the southern end of Dewitt Lane was not sufficiently sound to serve as the base for new pavement. As a result, and in consideration of the projected bus traffic on this section of the road, staff determined that the best long-term solution was to remove the existing asphalt pavement and to rebuild this section of the roadway.

Staff determined that both of these additional scope items were immediately necessary at the time of identification in order to take advantage of acceptable contractor prices and to allow work completion during favorable weather.

Agenda Item #39: Sale of Property to Duke Energy for Sub Station - PULLED
Staff Resource: Kent Winslow, 704-336-2252 - kwinslow@ci.charlotte.nc.us

Staff is pulling this item from the agenda for more review and anticipate placing it on Council's January 8 agenda for action.

Agenda Item #40C: Edgewood Storm Water Detention Easements
Staff Resource: Robert Drayton, 704-336-3300 - rdrayton@ci.charlotte.nc.us

Edgewood Neighborhood Improvement Project Storm Water Detention Easements, Parcels 4 and 5: Mr. Gabriel Rogers, property owner appeared before Council on November 27 taking issue with the appraised value of these easements. Council deferred action on this condemnation until December 11.

This project is for construction of a detention area to reduce flooding from Taggart Creek that bisects the property. Tuckaseegee Road floods during major rainfalls and without these improvements, I-85 could be flooded. This easement includes some of the natural retention area. No work will be performed on these two parcels.

The property owner disagrees with the appraised value of the easement. City Real Estate Services has had the appraisal reviewed again and continues to negotiate. Taggart Creek cuts across the property and is approximately ten feet deep making development of the land expensive, even without the easement. Storm Water Services has agreed to allow the property owner to construct a bridge in the easement area to access the back portion.

Staff recommends approval of this condemnation to enable the project to proceed.


Information Items:
FY07 Q1 Small Business Enterprise Utilization Report
Staff Resource: Tiffany Capers, 704-336-3862 - tcapers@ci.charlotte.nc.us

The City's FY07 SBE Utilization goal for informal purchases is currently 7%; the City exceeded that goal by spending $2.56 million or 13.36% in informal spending with SBEs. This marks the third consecutive quarter exceeding 13% SBE Utilization.

Other relevant data points include:

  • $10.02 million spent with minority and/or women-owned firms.
  • We surpassed the goals established for subcontractor utilization in all minority ownership groups.
  • Over $2.3 million spent with SBEs on formal contracts (over $100K).

Attached is the First Quarter FY07 Small Business Enterprise Utilization Report

Brevard Corridor Planning Study Public Meeting - December 19
Staff Resource: Todd Thorne, 704-353-0993 - tthorne@ci.charlotte.nc.us

The third of three public meeting to plan the future development in the Brevard Corridor between the Arena and the future NASCAR Hall of Fame will be held at 6:00 pm, Tuesday, December 19 in Room 267 of the Charlotte-Mecklenburg Government Center. Attached is additional information. Council members are invited to attend.