City Council regular meeting — February 27, 2024

These items were removed from the Consent Agenda for consideration at a later date. Councilwoman Roney was surprised that we are not going with one of several, local Minority- and Women-Owned Business Enterprises (MWBE). How might local MWBE contractors build capacity if not through partnering on projects exactly like this one? She appreciated staff making time to revisit this application to review our process, remove urgency, and lean into relationships to better understand outcomes.

Background:

• The Parks & Recreation Department operates pools at Dr. Wesley Grant Sr. Southside Center & Recreation Park during the summer seasons from June
• August.
• The pool at Malvern Hills Park was initially included in the contract however once it was decided the pool will not open this Summer it was removed. If a decision is made to invest in Malvern after this Summer we can make the necessary adjustments prior to the second year renewal.
• Each year it has become increasingly difficult to recruit, hire and train qualified temporary seasonal workers in order to operate the pools safely and efficiently for the public.
• A Request for Proposals was advertised in November 2023 for interested companies to operate and maintain City of Asheville pools including all seasonal opening & closing procedures including cleaning, permitting, and maintenance, daily staffing, chemicals/supplies, and facility management of City pools throughout the pool season.
• The term of the contract was advertised as a (1) year with an option to renew for an additional (2) years.
• Swim Club Management Group, Inc. (SCM) was selected based on the qualifications, understanding of the scope of services, cost, and availability.
• The annual base contract fee has been reduced due to the recommended closure of the Malvern Hills Pool.
• Additionally, Swim Club Management Group, Inc. has agreed to provide additional staffing for a $35 Hourly Rate per lifeguard for any event the City would request outside of normal operating hours. The City will determine the schedule with SCM, Inc and will not exceed $5,000 annually.

Vendor Outreach Efforts:

• Outreach and engagement followed the City’s business inclusion processes. These processes at a minimum require staff to outreach businesses that have a documented contracting disparity directly and/or through prime contractors. Department efforts included posting to the North Carolina Interactive Purchasing website and direct outreach to the one identified woman-owned business; however, no bids were received from contractors identified as MWBE.
• The following three responses were received:
• Swim Club Management office is in Huntersville, NC: $219,629
• PMI LLC corporate office is in Fort Lauderdale, FL: $267,915
• USA Management Corporate office is in Cummings Georgia: $294,669 Committee(s):
• None Pro(s):
• Contracting with a professional aquatic facilities management company for operations and maintenance ensures community pools will be operated in a safe, efficient manner and eliminate the obstacles associated with retaining an adequate number of certified staff.
• Reduces the seasonal hiring impacts on the Human Resources Department to recruit, hire and on-board temporary employees.
• Community pool operations will be operated with the adequate number of certified staff for the pool season. Con(s):
• None

Fiscal Impact:

• Funding for this contract is available in the Parks and Recreation operating budget.

Background:

• Filter 3 has been in service since 1978. While the media has been changed since that time the grouted block underdrain system is original.
• Due to age the grouting is no longer able to hold a seal between the clay tile underdrain system and the filter has been removed from service since it can not provide potable water in this condition.
• Taking a filter out of service reduces the capacity of the North Fork Facility to produce water.
• The City of Asheville’s rated water production capacity is 43.5 million gallons per day normally. Current rated capacity without filter 3 at North Fork is 38.3 million gallons per day, which is adequate at this time to supply water for seasonal high demands of 25 million gallons per day.
• Structural restoration of the filter is required to return the North Fork Facility to designed treatment capacity.

Vendor Outreach Efforts:

• Staff performed outreach to minority- and women-owned businesses through the solicitation processes which include posting on the State’s Interactive Purchasing System and requiring prime contractors to reach out to Minority Women-Owned Business Enterprise (MWBE) service providers for subcontracted services.
• The project was competitively bid as a formal bid.
• A pre-bid meeting was held on site at the North Fork Plant on December 6, 2023.
• Two bids were submitted on December 21, 2023. Since only 2 bids were received no bids were opened and the project was rebid.
• On January 11th two bids were again received and this time opened. Harper General Contractors $912,000 and PC Construction Company $753,000
• Following a review of the bids by City staff and the project engineers, PC Construction Company was selected as the lowest responsible, responsive bidder. Committee(s):
• None Pro(s):
• Ensures continued structural and operational integrity of City Water System infrastructure.
• Ensures continuous operation of North Fork Water Facility.
• Ensures Water Resources can continue to meet water system demand requirements Con(s):
• None

Fiscal Impact:

• Funding for this contract was previously budgeted and is available in the Water Resources Capital Projects Fund.

Background:

• Water Resources is required to build an inventory of lead service lines and turn into NC Department of Environment Quality (NCDEQ) by October 16, 2024.
• Funds awarded through the NCDEQ Division of Infrastructure (DWI) will be used to help identify both the private and public sides of water service lines.
• Any lead service lines, lead connections or galvanized service lines will be replaced on both the public and private side if found during the inspection process.
• Funds can be used for both sides of the service line.
• One hundred percent (100%) of the project will be performed in areas deemed underserved by the NCDEQ Community Mapping, Climate Justice Map and the Census Block Map.
• Funds will be used to increase inventory service line confidence.
• This project will allow more lead connectors and galvanized lines preceded by lead to be identified/removed from the distribution system in project areas. ‘
• This grant/loan would be for $2Million. The entire loan would be 0% interest and there is a potential for 50% principal forgiveness
• Water Resources was awarded $2M in November 2023 through this same application process and will use the 2023 money for service line replacement in the Shiloh Community. Vendor Outreach Efforts: NA Committee(s): NA Pro(s):
• Any lead service lines, galvanized lines or lead connectors in the project area will be replaced. Customers will not have to pay for replacement.
• Will help improve the confidence score of service line inventory as required by state and federal regulations. Con(s):
• There are no cons with applying for the funding.

Fiscal Impact:

• If awarded, this funding will provide a $2 million interest free loan with potential principal forgiveness for water system improvements that are not currently funded or planned.
• Matching funds are not required for this funding.

Background:

• The Fleet Management Division of the Public Works Department maintains over 1,000 City owned vehicles and pieces of equipment.
• Subcontracted work is used to supplement existing staff resources at times of high demand or to provide services where the Fleet Division does not have suitable facilities or resources (e.g., paint shop, etc.).
• RFP 298-RFP-FleetLDBodyWork-24 was advertised in December 2023 for Fleet Light Duty Body Work and Paint Repair.
• East Coast Truck Shop was the only proposal and was approved according to City Policies and Procedures.
• City Fleet Staff performed a site visit to meet with the vendor to further discuss our needs.
• The City’s Procurement, Purchasing and Contracting Policy requires Council approval for General Service Contracts valued at $90,000 or greater.
• This Contract will be for an initial term of (1) one year with the option for (2) two one year renewals
• The Contract amount for the initial (1) one year term will be $100,000 with a total not-to -exceed contract amount of $300,000 for the (3) three year term.

Vendor Outreach Efforts:

• Staff performed outreach to minority and women owned businesses through solicitation processes which include posting on the State’s Interactive Purchasing System and requiring prime contractors to reach out to Minority & Women-Owned Business Enterprise (MWBE) service providers for subcontracted services.
• The ABI Office list of City Vendors for Outreach was consulted for any known relevant vendors before the RFP was advertised. No MWBE Vendors were identified during this process.
• East Coast Truck Shop in Candler, North Carolina, responded to the RFP and is a new Vendor to the City of Asheville and is an MWBE.
• East Coast Truck Shop was the only acceptable proposal to the RFP. Committee(s):
• None Pro(s):
• Allows third party service work as a supplement to in house staff
• Allows for quicker and more efficient process in the repair of accident damaged vehicles
• Returns City vehicles to service in a timely manner
• Provides flexibility in service delivery without significant capital investment in equipment or facilities (e.g., paint shop, etc.) that aren’t used on a daily basis
• Avoids the cost of transporting inoperable vehicles between vendors to obtain multiple quotes. Con(s):
• None

Fiscal Impact:

• Funding for this contract is available in the Public Works Department operating budget.

Background:

• The City of Asheville has historically provided a free community festival with fireworks display in celebration of Independence Day and a downtown parade to welcome the winter holidays. Both events serve to sustain a thriving local economy, and foster shared experiences that form the basis for a connected and engaged community.
• The Asheville Downtown Association has successfully executed the City’s Independence Day Celebration since 2014 and the Asheville Holiday Parade since 2008. In 2014 the City executed its first event production agreement with the Asheville Downtown Association to produce the Independence Day Celebration through 2016. Most recently in 2021, the City executed a three year production agreement with the Asheville Downtown Association to produce the Independence Day Celebration and the Asheville Holiday Parade through 2023.
• The City continues to require the services of an outside organization to implement, oversee and manage such events for Downtown Asheville. Required services include full event development and operational services, management and staffing, marketing, sponsorship, fundraising, procurement of event vendors, contractors, entertainment, coordination of onsite logistics, and reporting. Committee(s):
• None Pro(s):
• Allows the City to leverage resources for programming and events that serve a wider and more diverse audience
• Creates a performance-driven public-private partnership that employs events as a tool to stimulate the local economy while providing quality cultural experiences and opportunities for community engagement
• Three-year terms allow time for outcomes to be evaluated and provides a multi-year consistency to effectively scale special event initiatives
• Supports local non-profit organizations Con(s):
• Overtime for Police, Fire and Public Works staff
• Fee waivers related to permits, parking fees, and property use fees

Fiscal Impact:

• This agreement provides funding for the management of two free community events annually, the fireworks display for the Independence Day Celebration, and parade volunteers.
• These large-scale events require a significant amount of support from City staff including Police, Fire, Public Works, and Office of Special Events Administration.
• The total cost of the agreement is $187,500. Future years will be planned during the annual budget development process.

Background:

• The City is required to apply annually to the North Carolina Department of Transportation
• Integrated Mobility Division to receive Section 5303 funds (Metropolitan Planning Program).
• The City uses the Section 5303 funding to support existing transit planning activities such as grant management, administration, and reporting; short and long-range transit planning; analyses of transit operations; and required semi-annual DBE program preparation and reporting.
• The funds supplement the Transit Planning Division personnel budget, which includes the Transit Planning Manager and additional transit planning staff positions.
• The Federal Transit Administration grant will provide 80% of the anticipated funding ($168,871), with the North Carolina Department of Transportation and the City of Asheville each providing 10% of the remaining amount at $16,887, respectively.

Vendor Outreach Efforts:

• N/A. This is a grant that supplements the Transit Planning Division personnel budget. Committee(s):
• None Pro(s):
• Supplements funding for multiple transit planning positions.
• Enables the City of Asheville to leverage $168,871 in Federal Funding and $16,887 in State funds to support the City’s transit planning activities. Con(s):
• The City is responsible for 10% local match, which is $16,887

Fiscal Impact:

• If awarded the grant funding ($168,871), 10% local matching funds ($16,887) and associated expenses will be included in the FY 2024-25 Proposed Budget for the Transit Fund.

Background:

• The Asheville Rides Transit (ART) system has a fleet of 35 buses. Over half of those buses have more than 500,000 miles on them and are past their useful life.
• To achieve and maintain a more reliable fleet, it is necessary to replace approximately four buses annually (at current service level).
• Moreover, the older vehicles in the fleet are significantly more costly to operate due to the need for major repairs and maintenance.
• The Washington State Department of Enterprise has approved the City of Asheville to participate in the State’s Cooperative Purchasing Agreement for Transit Buses Master Contract No. 06719 to purchase buses from Gillig, utilizing the Washington State Department of Enterprise Services Cooperative Purchasing Agreement approved by the Washington State Department of Enterprise on October 20, 2021.
• The recommended purchase order is for three clean diesel buses. Clean diesel is recommended due to the lack of suitable lower emission alternatives.
• The City is no longer able to purchase 30’ hybrid buses.
• Gillig discontinued manufacturing this size of hybrid buses at the end of 2022.
• Additionally, this action will approve a sole source procurement from several vendors for technology equipment to be installed on each bus, including the following:
• “Clever Devices”
• provides audible passenger announcements and that syncs with the interior LED signage to keep riders informed about upcoming stops.
• “Seon”
• provides the internal and external video and audio system to be installed.
• “UTA”
• provides the automatic passenger counter system that collects ridership data.
• “Mobileye”
• which provides a pedestrian and bicyclist detection and warning system.
• These Clever Devices, Seon, UTA, and Mobileye technologies are used on the other buses in the Asheville Rides Transit System. Staff would like to ensure that every bus has consistent technology installed.
• Staff is therefore requesting a sole source authorization, pursuant to 143-129(e)(6), to purchase and install these items on the requested new diesel buses without engaging in competitive bidding because standardization is the overriding consideration in wanting to use these specific products.
• $974,066 in previously received 2018 federal grant funding will be used to help purchase the new buses.
• $922,540 representing the federally-required local match and the remaining funding needed to purchase the buses is programmed in the City’s Fiscal Year 2024 Capital Improvement Program (CIP).
• Upon approval of the purchase order, it is anticipated to take 12-15 months for the buses to be manufactured, delivered and fully operational as part of the ART fleet.

Vendor Outreach Efforts:

• N/A. Funding for this project is provided in part from Federal Grants.
• The City is using a Cooperative Purchasing Agreement for Transit Buses under an existing Master Contract with the Washington State Department of Enterprise. Committee(s):
• None Pro(s):
• This action will enable staff to purchase replacement buses needed to continue to provide current transit services Con(s):
• Clean diesel is the only viable option that meets the standard specification for the ART fleet, which is 30 feet.
• This specification is driven by the topography and narrow turns required on several ART routes.

Fiscal Impact:

• Revenues identified to support the requested action will come from a combination of a Federal Transit Administration (FTA) grant and City funds as outlined below: Funding sources Amount FTA (2018 MPO Section 5307 Grant)
• budgeted in prior fiscal year $ 974,066 City Funding
• budgeted current fiscal year $ 922,540 Total $1,896,606

Background:

• Each year, the City must apply to the FBRMPO to receive Federal Transit Administration (FTA) Section 5307 Job Access Reverse Commute (JARC) and FTA Section 5310 (Enhanced Mobility of Seniors and Individuals with Disabilities) funds for transit operations, grant management and administration, and reporting.
• Section 5307 (JARC)

Overview:

• Funding received from this grant source is used to fund existing service for Route 170 (the fixed-route service operated between downtown Asheville and the Town of Black Mountain) and Route S3 (the fixed-route service operated between downtown Asheville, Arden, and the Airport).
• The last two years, the City has applied for the entire amount available, which this year is $408,379, with a 50% match ($408,379), for a total project cost of $816,758.
• For the last two years, the Town of Black Mountain has provided $25,000 toward the required matching funds, specifically for Route 170. City staff will be requesting the same amount for FY 2024-25.
• Buncombe County has also provided funding toward the required match the previous two years for Route 170. The City requests funds from the County based on the service cost per hour and the number of hours the route operates within the County.
• For FY 2024-25, City staff anticipates requesting approximately $100,000 from the County for this route.
• The City will provide the remainder of matching funds and this is already budgeted within the Transit Operations Budget.
• Section 5310
• The City utilizes Section 5310 funds to support the operation of the City’s paratransit service.
• The total FY 2022-23 Section 5310 funding available is $504,739.
• Of this funding,10%, or $50,474, is automatically allocated to the City of Asheville for administering the grant.
• The remaining $454,265 will be awarded for regular 5310 projects and programs.
• The City plans to apply for $248,000, with a 20% match ($62,000), for a total project cost of $310,000.
• If awarded, City staff return to City Council to accept the grant, authorize the City Manager to sign all of the appropriate agreements, and approve a budget amendment to include the funds in the budget (if needed).

Vendor Outreach Efforts:

• N/A Committee(s):
• None Pro(s):
• Enables the City to use federal funds to help offset the annual operating cost of paratransit and Route 170 and S3 fixed-route services.
• Grant recipients and subrecipients are responsible for their local match.
• The City will receive $50,474 for oversight and administrative cost which does not require a local match.
• These funds will be used for the administrative cost for the Section 5310 program. Con(s):
• The City is responsible for the 20% and 50% local match for the Section 5310 and JARC Funding programs, respectively.
• There is no administrative fee paid to the City for administering the 5307/JARC grant program.

Fiscal Impact:

• If awarded the Section 5307 (JARC) funding ($816,758 total), including the 50% local matching funds ($408,379), and associated expenses will be included in the FY 2024-25 Proposed Budget for the Transit Fund.
• If awarded the Section 5310 funding ($310,000 total), including the 20% local matching funds ($62,000), and associated expenses will be included in the FY 2024-25 Proposed Budget for the Transit Fund.
• The Section 5310 administration grant ($50,474 total) requires no local match. The grant and associated expenses will be included in the FY 2024-25 Proposed Budget for the Transit Fund.

Background:

• The City engaged an engineering firm to perform an assessment of the City-operated parking garages.
• During the field investigation, the firm identified critical repairs that require immediate attention at the Wall Street, Rankin Avenue, and Harrah’s Cherokee Center parking garages.
• A request for bids was issued and the lowest, responsive bidder, Cinderella Partners, Inc. was awarded a contract in the amount of $279,939.19 at the October 14, 2023 Council meeting.
• A change order in the amount of $68,877 was approved at the November 14, 2023 Council meeting for structural repairs along some of the concrete shear connections at the Wall Street Garage.
• This second change order is for the same type of structural reinforcement of several structural connections in the Rankin Avenue Garage.
• Due to the deterioration of those connections and unacceptable levels of movement in the deck structure, staff closed the third level of the Rankin Avenue garage to vehicular traffic in late November, as per the Engineer’s recommendation.
• This second change order also includes the repair of a section of deteriorated concrete on the Level 3 exit ramp at the Rankin Avenue garage; and two additional shear connector supports for the Wall Street Garage.
• The ninety-five parking spaces on the third level of the Rankin Garage and sixty spaces in the Wall Street Garage will remain closed until repairs are complete.
• Work is anticipated to be complete in March 2024.
• The requested change order was reviewed by staff and Walker, the firm who conducted the engineering assessment, for reasonableness of cost.

Vendor Outreach Efforts:

• When the project was advertised for bidding, staff performed outreach to minority and women owned businesses through solicitation processes using the State’s Interactive Purchasing System and requiring prime contractors to outreach to Minority & Women-Owned Business Enterprise (MWBE) service providers for subcontracted services.
• Cinderella Partners, Inc. is a Woman-Owned Business Enterprise based out of Indian Trail, NC.
• No MWBE subcontractors submitted bids with this prime contractor. Committee(s):
• None Pro(s):
• These repairs increase the safety and longevity of the Wall Street and Rankin Avenue parking garages.
• The repairs will allow parking spaces that have been taken out of service as a safety precaution, to be opened back up for use. Con(s):
• The work creates a temporary inconvenience for parking patrons and a temporary loss of revenue.

Fiscal Impact:

• Funding for this change order has been identified within the Parking Services Capital Fund.

Background:

• The North RADTIP (Wilma Dykeman) Greenway Project will extend through the River Arts District, north to Woodfin and will provide a safe pedestrian and bicycle corridor for area residents in neighborhoods which include, but are not limited to, Montford and Hillcrest.
• In August 2018, City Council approved a budget ordinance authorizing a budget amendment for $300,000, which included acceptance of $240,000 in grant funds from NCDOT and $40,000 in matching funds from Connect Buncombe and Buncombe County, as well as approval of a $20,000 City of Asheville match contribution.
• The grant funds were scoped for preliminary engineering for a multi-use path along/near Riverside Drive/NC 251 from Hill Street to Pearson Bridge Road named North RADTIP (Wilma Dykeman) Greenway.
• Because the footprint of the North RADTIP (Wilma Dykeman) Greenway overlaps significantly with the NCDOT I-26 Project, City staff approached NCDOT about managing the preliminary engineering scope in conjunction with the I-26 Design/Build Project.
• The intent of NCDOT managing this phase would be to get the North RADTIP (Wilma Dykeman) Greenway project designed to a point where it could be included with the eventual construction of the Design/Build I-26 Project.
• Assuming the greenway is added as part of NCDOT’s I-26 Project, construction will not occur for several years.
• This amended grant agreement will authorize NCDOT to manage the preliminary engineering phase as opposed to the original grant agreement that had the City of Asheville managing the preliminary engineering.
• The City of Asheville is responsible for 20% of the actual cost of the Preliminary Engineering design plans. The estimated cost to the Municipality is $120,000. Grant funds will pay for the estimated $480,000 balance. Both Parties understand that this is an estimated cost and is subject to change.

Vendor Outreach Efforts:

• Vendor outreach is not applicable when applying for grant funds.
• The appropriate vendor outreach will be conducted to ensure that all requirements and expectations are met in the procurement of the services required to complete the projects which these grant funds support. Committee(s):
• None Pro(s):
• The projects are all currently budgeted or planned and can be designed with the funding that is available through these grants and the existing capital budgets. Con(s):
• None

Fiscal Impact:

• The required matching funds for these grants were previously budgeted in the General Capital Projects Fund or are planned for in the CIP.

Mayor Manheimer asked for public comments on any item on the Consent Agenda, but received none. Mayor Manheimer said that members of Council have been previously furnished with a copy of the resolutions and ordinances on the Consent Agenda and they would not be read.

At the request of the applicant,