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Agenda Packet 03 21 13 Cape Fear Public Transportation Authority AregularlyscheduledmeetingoftheCapeFearPublicTransportationAuthoritywillbeheld Thursday,March 21,2013at12:00pmintheWaveTransitBoardRoomatFordenStation,505CandoSt.,Wilmington,NC 28405.Anagendaforthemeetingispresentedbelow. MEETINGAGENDA 1)CalltoOrder 2)Momentofsilence 3)PledgeofAllegiance 4)Employeesafetyawards 5)Consentagenda05minutes ApprovalofminutesfromtheFebruary28,2013meeting 1. 6)Publiccommentperiod10minutes 7)CommitteeReports15minutes ExecutiveCommittee,Mr.DavidScheu,Chairman Planning&OperationsCommittee,Mr.HenryAdams,Chair February2013operating&statisticalreports Finance&BudgetCommittee,Mr.GeorgeDolan,Chair BrunswickConnectorlocalmatchplan Localfundingoptionstoimprovecashflow February2013FinancialReport FacilitiesCommittee,Mr.JeffPetroff,Chair DemolitionairqualitymonitoringtaskorderwithHDREngineering(tentative) ContractforconstructionofOperationsCenterwithJ.M.ThompsonCo.(tentative) 8)StaffReport10minutes Legislativeupdate 9)Oldbusiness05minutes 10)Newbusiness05minutes 11)Adjourn ThenextmeetingoftheCapeFearPublicTransportationAuthorityisscheduledforThursday, April25,2013,at12:00pmintheWaveTransitBoardRoomatFordenStation,505CandoSt., Wilmington,NC28405.AuthoritymemberswillbetransportedtothesiteoftheWaveTransit OperationsCenterforagroundbreakingaspartoftheApril25,2013meeting,weatherpermitting. AuthorityofficeswillbeclosedonFriday,March29,2013inobservanceofGoodFriday.Busservice willoperateonanormalschedule.NobusservicewillbeprovidedonSunday,March31,2013in observanceofEaster. SupplementalInformation: 1.Letterstolocaldelegation CFPTA Agenda Packet 03/21/20131 CONSENTAGENDA Thefollowingitemsareattachedforconsideration.Abriefexplanationandrecommendation follows: 1)ApprovalofminutesfromtheFebruary28,2013meeting(p.3) CFPTA Agenda Packet 03/21/20132 Cape Fear Public Transportation Authority MINUTES OF THE CAPE FEAR PUBLIC TRANSPORTATION AUTHORITY February 28, 2013 Mr. David Scheu, Chair, Presiding MEMBERS PRESENT Mr. David Scheu, Chairman Mr. Henry Adams, Vice Chairman Mr. Don Betz, Secretary Mr. Jonathan Barfield Mr. Bill Bryden Mr. Euran Daniels Mr. Chris Hawkins Mr. Kevin O’Grady Mr. Jeff Petroff MEMBERS ABSENT Mr. George Dolan STAFF PRESENT Mr. Albert Eby, Executive Director Ms. Megan Matheny, Director of Planning & Development Mr. Joe Mininni, Director of Finance & Administration Ms. Jean Smith, Director of Operations Ms. Kathy Williams, Board & Customer Service Clerk CONTRACT MANAGEMENT STAFF PRESENT Mr. Andrew Olsen, Attorney Mr. Chris Greenman, Fixed Route Operations Manager Mr. Jeremy Miller, Fixed Route Maintenance Manager Mr. Richard Johnson, Driver Ms. Jacqueline McCullough, Driver Ms. Andrea Batts, Driver GUESTS PRESENT Ms. Adrienne Herrington, WMPO Citizens of the community (attached) CALL TO ORDER Chairman Scheu, called the meeting to order at 12:02 pm The board meeting began with a moment of silence followed by reciting the Pledge of Allegiance PUBLIC COMMENT Due to the number of public speakers, the Chair moved the public comment period to the top of the agenda Mr. Scheu opened the public comment period Mr. Dean presented a letter of concern from the Cape Fear Disability Commission regarding the removing of service from the Creekwood inner loop CFPTA Agenda Packet 03/21/20133 Mr. Hovis asked the board to revisit the figures gathered from the Creekwood area and then reconsider reinstating service to the Creekwood inner loop Ms. Coston presented a signed petition from the residents of Creekwood to reinstate service to the inner loop Ms. Mullins stated that it is hard to walk from the back of Creekwood to Princess Place Dr. with her children Ms. White stated it was inconvenient to travel to the current bus stop on Princess Street in bad weather and is very concerned about the elderly and requested the board to reconsider Ms. Festus said she was concerned with the recent changes to the Brunswick Connector and is requesting the board extend the route back to Mt. Misery road so she would not have to consider quitting her job Ms. Brunson is concerned about why the bus stop was removed from the Senior Center and the st current stop on 41 street is too far for her to walk so she cannot volunteer Mr. Krause stated that the Wave Staff has always been very supportive and is asking the board to reconsider service back into the inner loop of the Creekwood neighborhood Mr. Lewis stated that service does need to be restored back to the Creekwood inner loop and more stops should be added to several routes Ms. Johnson questioned why the bus was taken from the Creekwood inner loop Mr. Schue stated that route changes were made based upon ridership data and other factors evaluated by the consultant, staff and the planning and operations committee Ms. Waddell said that she works in Creekwood and if she needed the bus she would have to walk a mile to get to her destination Ms. Carr works in the community and has noticed patients having to walk to offices now since the bus no longer stops on Delaney Ave. Ms. Carr asked why was the existing bus stops taken away when other routes was added Mr. Barfield stated he had a conversation with Mr. Eby regarding why he was not alerted of the route changes since he was absent at the time the board voted Mr. Eby stated that the route was evaluated closely and based on the data elimination of the Creekwood inner loop was determined to be the best solution to keep the bus operating on its posted schedule Mr. O’Grady stated that the board will revisit the routes in question but, cannot promise that the routes will be restored Mr. O’Grady stated that there are many factors that will be taken into consideration before any changes are made Mr. Hawkins stated the stops in Creekwood should not be removed Mr. Hawkins said the board should consider revisiting the 101 route changes Mr. Adams stated that before routes were changed they had been evaluated and discussed for over a year at several meetings Mr. Adams also stated that there were signs posted on the buses regarding the route changes and these changes were not implemented over a short time period Mr. Betz stated that there was a lot of data and other documentation that was taken in consideration before any changes were made Mr. Betz said that every effort will be made by staff to revisit each route in question Mr. Bryden stated he was very impressed with the public and their support and wanted to thank each and everyone Mr. Schue said they will go back and revisit routes 205, 204 and 101 Mr. Adams stated that the committee decided to add stops on the 104, 107 and 202 routes beginning April 1, 2013 Hearing no further comments Mr. Schue closed the public comment period PRESENTATIONS CFPTA Agenda Packet 03/21/20134 Mr. Scheu recognized Mr. Eby to present driver safety awards Mr. Eby commended the bus operators for their safety records and emphasized how safety keeps passengers safe and insurance rates low Mr. Eby recognized Mr. Greenman to present the awards Ms. Batts was recognized for 13 years without any preventable accidents Ms. McCullough was recognized for 17 years without any preventable accidents Mr. Johnson was recognized for 18 years without any preventable accidents Each driver was presented with a safety pin, certificate and a $25.00 for every five years of safe driving Mr. Betz asked if First Transit would be willing to match the cash awards from the Authority Staff agreed to look into the request Mr. Scheu recognized Mr. Eby to present the WMPO Transportation Demand Management Program Mr. Eby described the a new collaborative effort between the Authority and the WMPO to promote commuting, and other congestion mitigation efforts The program would expand on the WMPO Transportation Demand Management effort and the Wave Pool program Mr. Eby recognized Ms. Harrington to present the WMPO Transportation Demand Management Program Ms. Harrington briefly described how employers can assist with alternate transportation in order to minimize the emissions associated with transportation CONSENT AGENDA Mr. Scheu presented the January 2013 consent agenda for approval Mr. Bryden made a motion to accept the February 2013 consent agenda Mr. O’Grady seconded and the motion carried unanimously EXECUTIVE COMMITTEE Mr. Scheu presented the committee report Mr. Scheu stated that the committee looked at the number of passengers for the first three days of the new routes to ensure that no major issues resulted from the route restructuring Mr. Scheu said the construction bid opening had to be extended to the February 19, 2013 Ground breaking at the new maintenance facility will be the April 25, 2013 immediately after the board meeting, weather permitting The Authority would have a bus transport members to the ground breaking The committee presented a motion for the Executive Committee and staff to work with First Transit on the upcoming Collective Bargaining Agreement Mr. Petroff requested that staff consider Sunday overtime during the negotiations of the Collective Bargaining Agreement PLANNING & OPERATIONS COMMITTEE Mr. Scheu recognized Mr. Adams to give the committee report Mr. Adams stated that ridership had a 9% decrease due to the route restructuring and fare increase Mr. Adams said that the committee is closely monitoring routes 207 and 101 and will consider revising if needed Staff presented a plan to address concerns on the 101 as requested by the committee and was prepared to implement changes to the route at the direction of the board Mr. Adams stated that the committee is still working with Mr. Peck regarding advertising on the bus transfers and blank spaces on the buses not being utilized CFPTA Agenda Packet 03/21/20135 FINANCE & BUDGET COMMITTEE Mr. Scheu stated the committee had no report due to the absence of Mr. Dolan Mr. Scheu asked if board members had questions for the Director of Finance & Administration concerning the December financial report Hearing none, the Chairman moved to the facilities committee report FACILITIES COMMITTEE Mr. Scheu recognized Mr. Petroff to give the committee report At the public bid opening for construction of the Wave Transit Operations Center, eight bids from prequalified contractors were opened Staff was reviewing the bids for responsiveness Bids were within the adopted project budget and the low bid was nearly over one million dollars less than the Authority’s construction estimate The committee was hopeful that a contract would be ready for consideration at the March meeting of the board Mr. Petroff commended the committee and staff for their efforts which led to a successful bid and a viable project Mr. Petroff stated that Mr. Eby and Mr. Mininni met with Piedmont Natural Gas in Charlotte regarding CNG Mr. Petroff said this meeting was very informative and the committee continued to devise a plan to incorporate CNG in the new facility as the lowest cost STAFF REPORT Mr. Scheu recognized Mr. Eby to present the staff report Mr. Eby wanted recognized Mr. Petroff for his efforts in assisting with the operations facility project He stated that Mr. Petroff was attending multiple meetings weekly regarding the project and the board was well represented in the process Mr. Eby stated that the referred to the 2012 Annual Report and spoke to its importance in informing the community and elected officials of the value of the work being done by the Authority Mr. Eby briefly gave an update on the non-emergency medical transportation Mr. Eby gave a brief legislative update Mr. Eby stated that he attended a meeting of the local delegation on February 25, 2013 Mr. Eby said that he was able to speak to the coalition regarding the license plate and the Multimodal Transportation Center issues Mr. Eby recognized the Operations/Planning committee and staff for all their efforts with the route restructuring Numerous hours of preparation, training, sign installation and other efforts led to a relatively smooth transition Mr. Eby stated that during the first two days of the new routes over 1,000 phone calls were answered each day Staff was prepared for the abnormal volume with additional customer service representatives who answered hundreds of inquiries Mr. Eby stated that the NC Association of County Commissioners had chosen not to renew the Authority’s liability policy in 2013 Mr. Eby said and he is working with Ms. Allen from NHC Risk Management to develop an RFP for a liability insurance An increase in insurance for FY 2014 was seen as a strong possibitily CFPTA Agenda Packet 03/21/20136 Mr. Eby stated that Ms. Smith was accepted to the ENO Transportation Executive Seminar in Washington, DC and has received a scholarship from American Public Transportation Association in the amount of $2,500 to assist with tuition OLD BUSINESS None NEW BUSINESS Mr. Scheu made a motion to change the March 28, 2013 board meeting to March 21, 2013 due to the Easter Holiday and other public obligations of several board members Mr. O’Grady second the motion which carried unanimously ADJOURN Mr. Barfield made a motion to adjourn the February 27, 2013 board meeting Mr. Adams seconded and the motion carried unanimously SCHEDULING OF NEXT MEETING The Authority’s next meeting is scheduled for March 21, 2013 at 12:00 pm in the Forden Station Board Room Respectfully Submitted, Albert Eby Executive Director /kw CFPTA Agenda Packet 03/21/20137 Monthly Passenger Summary February 2013 Total PassengersFixed Route 140,000 180,000 160,000 120,000 140,000 100,000 120,000 80,000 100,000 80,000 60,000 60,000 40,000 40,000 20,000 20,000 0 - JulyAugSeptOctNovDecJanFebJulyAugSeptOctNovDecJanFeb 2011/20122011/2012 102,962123,455164,847157,260145,050122,366140,314155,06595,768103,308110,481108,821100,06099,325106,598109,553 2012/2013108,152135,470155,461170,712147,877113,003145,933138,4112012/2013102,054112,743109,078121,151103,73696,608107,95491,507 ChangeChange 5.04%9.73%-5.69%8.55%1.95%-7.65%4.00%-10.74%6.56%9.13%-1.27%11.33%3.67%-2.74%1.27%-16.47% Seahawk ShuttleParatransit 8,000 50,000 45,000 7,000 40,000 6,000 - 35,000 5,000 30,000 4,000 25,000 20,000 3,000 15,000 2,000 10,000 1,000 5,000 00 JulyAugSeptOctNovDecJanFebJulyAugSeptOctNovDecJanFeb 2011/20122011/2012 1,07112,95647,36341,53538,51116,65726,93038,1816,1237,1917,0036,9046,4796,3846,7867,331 2012/2013 81416,51941,25244,01739,73012,60733,17142,2032012/20135,2846,2085,1315,5444,4113,7884,8084,701 Change-24.00%27.50%-12.90%5.98%3.17%-24.31%23.17%10.53%Change -13.70%-13.67%-26.73%-19.70%-31.92%-40.66%-29.15%-35.88% CFPTA Agenda Packet 03/21/201312 Passengers by Route February 2013 Fixed Route No. NamePassengersTransfers 101Princess Place16,0772,314 102University35352 103Oleander East5,782853 104Northeast5,3201,106 105Medical Center7,6721,213 106Shipyard Blvd7,115976 107College Road1,440300 108Market Street5,388836 201Carolina Beach Road10,041871 202Monkey Junction8,069762 203Trolley4,1880 204Brunswick Connector2,054278 205Longleaf Park6,787616 207North3,595396 209Independence7,110668 301Pleasure Island5160 TOTAL 91,50711,241 UNCW 701Blue1,7260 701Teal4,2770 702Green6,8330 703Red5,6100 704Yelow4,3280 705Loop1,8900 706Point to Point2740 707Red Express 113,3570 707Red Express 200 709Loop Express 13,6830 709CMS225 UNCW Total 42,203 Para-Transit Services ADA Passengers 1,041 Non-ADA Passengers 3,660 Para-Transit Total 4,701 TOTAL PASSENGERS 138,411 CFPTA Agenda Packet 03/21/201313 CAPEFEARPUBLICTRANSPORTATIONAUTHORITY MONTHLYOPERATIONSREPORT February2013 FIXEDROUTE MONTHLYFiscalYeartoDate ThisMonth %Change RidershipStatistics Current%ChangeCurrentPrior LastYear TotalBus/TrolleyPassengerTrips9150710955316.47%8448318433100.18% TotalUNCWPassengerTrips422033818110.53%2303132232043.18% TotalFixedRoutePassengerTrips 1337101477349.49%107514410665140.81% AverageWeekdayPassengerTrips4007462813.42% AverageSaturdayPassengerTrips193921268.80% AverageSundayPassengerTrips8838840.11% OperatingStatisticsFixedRoute TotalRevenueMiles1105541207308.43%7663998272007.35% TotalRevenueHours7611866512.16%52348579289.63% AccidentsNonPreventable01100.00%990.00% AccidentsPreventable110.00%11683.33% PassengerTrips/RevenueMile1.211.221.16%1.401.298.81% PassengerTrips/RevenueHour17.5717.053.04%20.5418.4111.55% OperatorOvertime2.42%2.78%13.05% FareboxRevenue$77,246$72,7626.16%$554,931$511,1568.56% AverageFareperBusPassenger$0.84$0.6627.10%$0.66$0.618.37% PARATRANSITMONTHLYFiscalYeartoDate ThisMonth %Change RidershipStatistics Current%ChangeCurrentPrior LastYear TotalADAPassengerTrips1041188044.63%92681282527.73% TotalNonADAPassengerTrips3660559134.54%306074155826.35% TotalParatransitPassengerTrips 4701747137.08%398755438326.68% AverageWeekdayPassengerTrips22833531.94% AverageSaturdayPassengerTrips286758.21% AverageSundayPassengerTrips6520.00% OperatingStatisticsParatransit TotalRevenueMiles353295859739.71%20260829004330.15% TotalRevenueHours1951387349.63%119641866235.89% AccidentsNonPreventable000.00%2333.33% AccidentsPreventable000.00%41300.00% PassengerTrips/RevenueMile0.130.134.37%0.200.194.96% PassengerTrips/RevenueHour2.411.9324.91%3.332.9114.37% OperatorOvertime3.10%4.60%32.61% SpecialServices GreyhoundTicketSales $3,016N/AN/A$29,850N/AN/A AmtrakPassengersOnandOff63N/AN/A193N/AN/A CFPTA Agenda Packet 03/21/201314 CAPE FEAR PUBLIC TRANSPORTATION AUTHORITY Operating Fund Proforma Schedule of Revenues and Expenditures - Budget and Actual (Non-GAAP) Period Ended February 28, 2013 rVariance67.00%t YeaCurren Amendedto datePositive % of Month BudgetActual(Negative) Budget Actual Operating revenues Farebox revenues980,000$ 653,257$ (326,743)$ 66.66$ 76,840 Governmental contracted services *1,393,480 869,216 (524,264) 62.38 133,763 13,19517,500 (4,305) Other contracted services 75.40 1,791 1,535,6682,390,980 (855,312) Total operating revenues 64.23$ 212,394 Operating expenses/expenditures Labor 3,884,877 2,321,747 1,563,130 59.76 292,835 Fringe benefits 1,129,228 843,412 285,816 74.69 90,796 Fuel and lubricants 1,192,666 749,280 443,386 62.82 113,876 Vehicle maintenance 703,700 406,647 297,053 57.79 36,140 Purchased services 383,259 235,701 147,558 61.50 6,369 Insurance 249,622 217,141 32,481 86.99 3,818 Advertising 46,200 10,676 35,524 23.11 4,851 Tires and tubes 146,500 75,768 70,732 51.72 4,385 Utilities 65,844 49,147 16,697 74.64 8,601 Shop supplies 20,000 4,757 15,243 23.79 253 Office supplies 33,000 26,860 6,140 81.39 10,660 Other operating expenses 210,199 195,218 14,981 92.87 582 5,136,3548,065,095 2,928,741 Total operating expenses/expenditures 63.69 573,166 Excess of operating expenses/ (3,600,686) 2,073,429(360,772) (5,674,115) 63.46 expenditures over revenues Nonoperating revenues Federal grants3,097,304 1,711,257 (1,386,047) 55.25 211,937 State grants 1,068,306 917,711 (150,595) 85.90 1,279 Operating subsidy from primary government1,185,150 1,173,439 (11,711) 99.01 (14,335) Operating subsidies from other governments323,355 323,355 - 100.00 - - - - Other income 4,125,7625,674,115 (1,548,353)198,881 72.71 Total nonoperating revenues - (161,891)525,076$ Excess of revenues over expenditures$ 525,076 CFPTA Agenda Packet 03/21/201315 CAPEFEARPUBLICTRANSPORTATIONAUTHORITY Contract#1003 TaskOrder#6 DemolitionAirQualityMonitoring ScopeofServices GeneralObjective: Tooverseetheremovalofhazardousmaterialspresentincurrentbuildingslocatedat124Division Drive,Wilmington,NorthCarolina(siteofthefutureWaveTransitbusmaintenanceandoperations facility)duringandafterdemolitionofthestructures. ThisTaskOrderwillbecontractedundertheTermsandConditionsoftheMasterAgreementbetween HDRandAUTHORITYdatedMarch25,2010. ProjectScope: TheAuthorityhasacceptedbidsfora37,621sfmaintenanceandoperationsfacilitylocatedat123,124 and127DivisionDriveinNewHanoverCounty,NC.Thesitecurrentlyhaseight(8)structuresmarked fordemolition.Taskordernumber5tothiscontractidentifiedthepresenceofhazardousmaterials. Thespecificpurposeofthistaskistooverseetheremoval/disposalofasbestosorasbestos containingmaterialsandleadorleadcontainingmaterialsintheeight(8)structuresidentifiedon site.HDRand/oritsenvironmentalengineeringsubcontractorwill: AAS SBESTOSBATEMENTPECIFICATION Prepareanasbestosabatementspecificationasappropriatetoaddressmaterials identified.Thespecificationwillbeincorporatedintotheoverallproject specifications.Thesespecificationswilldefinethe/š“·©-·š©x­scopeofworkand outlinerequirementsandproceduresthatmustbefollowedfortheproject.The intentofthespecificationistogiveperformancerequirementsfortheContractorso theprojectcanbecompletedsafelyandincompliancewithapplicablefederal,state andlocalregulations.Thespecificationdocumentwillserveaspartofthe !Ò·wš©z·äx­contractwiththeContractor. APM SBESTOSROJECTONITORING Provideasbestosprojectmonitoringservicesforthedurationoftheabatementand demolitionportionsoftheproject.Asbestosprojectmonitoringwillbeprovidedfora typicaleighthourshiftunlessotherwiserequestedbytheAuthority. ObservetheremovalworkanddocumentgeneralcompliancewiththeEPAandOSHA regulations. Conductdailyobservationsandwhererequired,finalairsampling.PhaseContract Microscopy(PCM)airsamplescollectedduringabatementwillbeanalyzedbypersonnel whoareenrolledintheAIHAPATProgramandareNIOSH582qualified. ProvideCertifiedIndustrialHygienisttobeavailabletoprovideconsultingservicesatan additionalcost.Thismayincludeattendanceatpreconstructionmeetingsorcritiques, designreview/approval,etc.Inaddition,aNorthCarolinaSupervisingAirMonitor(SAM) willprovideonesitevisitpereverytendaysofasbestosabatement. EnvironmentalconsultingserviceswillbeconductedbyexperiencedEPAaccreditedand NorthCarolinalicensdpersonnel. e V ISUALOBSERVATIONANDAIRCLEARANCE CFPTA Agenda Packet 03/21/201316 ConductavisualobservationofeachprojectsiteoncetheACMhavebeenremoved. Collectonesetoffinalclearanceairsamplesperbuildingusinghighvolumepumps. FinalairclearancesampleswillbeanalyzedbyPhaseContrastMicroscopy(PCM)by LicensedAsbestosTechnician. Issueabriefreportstatingtheresultsofthefinalclearanceairsamples. Deliverables: Abriefreportwillbeprovided,asdetailedintheattachedscopeofwork. Schedule: HDRisauthorizedtobegintheprojectimmediatelyfollowingawrittennoticetoproceed. Fee: Thefeeforservices,paidasalumpsumfollowingsubmittaloftheFinalReporttotheAUTHORITY,will notexceed twentythousanddollarsandno/100($20,000.00). ProjectManagement: Thefollowingwillserveasprojectmanagersforthistask: FortheAUTHORITY:AlbertEby ExecutiveDirector P.O.Box12630 Wilmington,NC284050130 (910)2022035 (910)3438317fax aeby@wavetransit.com ForHDR:JohnJamison EnvironmentalScientist/ProjectManager HDREngineering,Inc.oftheCarolinas 3733NationalDrive,Suite207 Raleigh,NC27612 Telephone:(919)2326625 John.Jamison@hdrinc.com Execution: BY:___________________________________________ AlbertEbyDate ExecutiveDirector CapeFearPublicTransportationAuthority BY:___________________________________________ JohnJamisonDate EnvironmentalScientist,ProjectManager HDREngineering,Inc.oftheCarolinas CFPTA Agenda Packet 03/21/201317 NORTH CAROLINA COUNTY OF NEW HANOVER Authority Contract # 13-01 CONSTRUCTION CONTRACT J. M. Thompson The Agreement is made this _____ day of ______ , 2013, by and between CompanyCape , of Cary, North Carolina (party of the first part, and hereinafter known as “Contractor”), and the Fear Public Transportation Authority (party of the second part, and hereinafter known as “Authority”). WHEREAS, Authority released Invitation for Bids (IFB) for the construction of Operations and Maintenance Facility on January 11, 2013; and WHEREAS , on February 19, 2013 Contractor submitted a bid for same, consistent with the specifications in the Invitation for Bids; and WHEREAS, Contractor was determined to be the lowest responsive and responsible bidder; and WHEREAS, on March 21, 2013 the Authority selected Contractor by a majority vote at a regular meeting for construction of the Wave Transit Operations and Maintenance Facility, according to the specifications in the Invitation to Bid; NOW THEREFORE, in consideration of the mutual benefits, promises, and undertakings, the sufficiency and receipt of which are acknowledged, the following terms and conditions are agreed to by the parties to this Contract: 1.Incorporation by Reference. Authority’s Invitation For Bids (IFB #13-01, release date January 11, 2013), including all related appendices, addenda to the Project Manuals and construction documents issued by Becker Morgan Group; and Contractor’s bid response in its entirety dated February 19, 2013, are made a part hereof as if the same were fully set forth. If any discrepancies arise between this contract, Authority’s Invitation for Bids and Contractor’s bid response, Contractor agrees to abide by first, any specific terms in this contract and, second, Authority’s Invitation for Bids. This procurement is governed by the North Carolina Public Procurement Act and the Authority Purchasing Policies and Procedures. All terms and conditions of the Act and the Policies and Procedures are hereby adopted and incorporated by reference herein. 2.Time of Performance. Contractor agrees to begin construction within ____________ (__) calendar days of receipt of Authority’s Written Notice to Proceed, with construction of the Wave Transit Operations and four hundred eighty Maintenance Facility , with the “Work,” to be substantially complete no later than (480) calendar days after issuance of Notice to Proceed. TIME IS OF THE ESSENCE. “Substantial Completion” shall mean that stage in the progression of the Work when the Work is sufficiently complete in accordance with this Contract that the Authority can enjoy beneficial use or occupancy of the Work and can utilize the Work for its intended purpose. 3.Costs and Payment. Contractor agrees to perform all work and provide all equipment pursuant to this exceed eight million six hundred fifty one thousand and no/100 dollars Contract for an amount not ($8,651,000.00) (the “Contract Price”). The contract price is equal to the base bid plus add alternate one - flexible bollards ($-6,000.00) and add alternate seven - fire alarm (no additional cost). Payment shall be made to Contractor at its Cary, NC office within thirty (30) days (with the exception of retainage as described below) after receipt of invoice including all required documentation in accordance with the IFB and after Authority has inspected and tested the work and notified Contractor of its acceptance of same. Operations Center Construction Contract Page 1 of 6 CFPTA Agenda Packet 03/21/201318 Retainage. To ensure proper performance of the Contract, the Authority will retain five percent (5%) of the amount of each approved Pay Application until the project work is 50% complete provided that the Contractor continues to perform satisfactorily and any non-conforming work identified in writing prior to that date has been corrected by the Contractor and accepted by the Project Manager. If the Authority determines the Contractor’s performance is unsatisfactory, the Authority may reinstate retainage in the amount of five percent (5%) for each subsequent periodic Pay Application until the Contractors’ performance becomes satisfactory. The project shall be deemed fifty percent (50%) complete when the Contractor’s gross project invoices, excluding the value of materials stored off-site, equal or exceed fifty percent (50%) of the value of the contract, except the value of materials stored on-site shall not exceed twenty percent (20%) of the Contractor’s gross project invoices for the purpose of determining whether the project is fifty percent (50%) complete. Following fifty percent (50%) completion of the project, the Authority may also withhold additional retainage from any subsequent periodic payment, not to exceed five percent (5%), in order to allow the Authority to retain two and one half percent (2 ½%) total retainage through the completion of the project. Within sixty (60) days after the submission of a final pay request, the Authority, with written consent of the surety, shall release to the Contractor all retainage on payments held by the Authority if: (1) the Authority receives a certificate of substantial completion from the architect, engineer, or designer in charge of the project; or (2) the Authority receives beneficial occupancy or the use of the project. The Authority may retain sufficient funds to secure completion of the project or corrections on any work. If the owner retains funds, the amount retained shall not exceed two and one half (2½) times the estimated value of the work to be completed or corrected. Any reduction in the amount of the retainage on payments shall be with the consent of the Contractor’s surety, if received. Retainer provisions contained in the Contractor’s subcontracts may not exceed the terms and conditions for retainage provided herein. Contractors are further required to satisfy the retainage provisions of N.C.G.S. 143-134.1 with regard to subcontracts for early finishing trades (structural steel, piling, caisson and demolition) and to coordinate the release of retainage for such trades from the retainage held by the Authority from the Contractor pursuant to statute. Nothing shall prevent the Authority from withholding payment to the Contractor in addition to the amounts identified herein for unsatisfactory job progress, defective construction or remedied, disputed work or third-party claims filed against the Authority or reasonable evidence that a third-party claim will be filed. Payment for stored materials and equipment shall be conditioned upon the Contractor's proof satisfactory to the Authority, that the Authority has title to such materials and equipment and shall include proof of required insurance. Such Application for Payment shall be signed by the Contractor and shall constitute the Contractor's representation that the Work has progressed to the level for which payment is requested in accordance with the Schedule of Values, that the Work has been properly installed or performed in full accordance with this Contract, and that the Contractor knows of no reason why payment should not be made as requested. Thereafter, the Project Manager or his designee will review the Application for Payment and may also review the Work at the Project site or elsewhere to determine whether the quantity and quality of the Work is as represented in the Application for Payment and is as required by this Contract. The Project Manager shall determine the amount properly owing to the Contractor. The Authority shall make partial payments on account of the Contract Price to the Contractor within thirty (30) days following Project Manager’s receipt of each Application for Payment. The amount of each partial payment shall be the amount certified for payment by the Project Manager less such amounts, if any, otherwise owing by the Contractor to the Authority or which the Authority shall have the right to withhold as authorized by this Contract. Add Alternates. The initial contract includes adding add alternate one - flexible bollards (six thousand dollar credit) and add alternate seven - fire alarm (no charge for add alternate. Contractor agrees to guarantee the costs of the remaining alternates (two - six) submitted with the original bid throughout the project if the Authority gives sufficient notice to add the alternate. Contractor agrees to provide the Authority with the latest date an alternate can be added by the Authority at the cost included in the original bid submission. Operations Center Construction Contract Page 2 of 6 CFPTA Agenda Packet 03/21/201319 Application for Payment. In addition to the requirements of Section 012900 of the IFB, all invoicing and requests for payment must include the following: (1) Certified payroll in accordance with Section 008000 as applicable (2) Copies of all third party billing (3) Buy America certification for all materials used during the billing period certifying that the materials were manufactured in the United States in accordance with Section 008000 (4) A statement that any work done by DBE firms during the billing period that will count toward the DBE goal established in the bid in accordance with Section 008000 No payment will be processed until all of the above applicable information and the requirements of Section 012900 of the IFB are provided. With the exception of the final pay application for retainage, payment will be remitted by the Authority within thirty (30) days of invoicing provided all supporting documents are provided with the application for payment. No progress payment, nor any use or occupancy of the Project by the Authority, shall be interpreted to constitute an acceptance of any Work not in strict accordance with this Contract. Withheld Payment. The Authority may decline to make payment, may withhold funds, and, if necessary, may demand the return of some or all of the amounts previously paid to the Contractor, to protect the Authority from loss because of: a) defective Work not remedied by the Contractor nor, in the opinion of the Authority, likely to be remedied by the Contractor; b) claims of third parties against the Authority or the Authority's property; c) failure by the Contractor to pay Subcontractors or others in a prompt and proper fashion; d) evidence that the balance of the Work cannot be completed in accordance with the Contract for the unpaid balance of the Contract price; e) evidence that the Work will not be completed in the time required for Final or final completion; f) failure to carry out the Work in accordance with the Contract; g) damage to the Authority or a third party to whom the Authority is, or may be, liable. h) failure of the Contractor to maintain appropriate environmental protection measures or failure to comply with environmental permits, rules and regulations. In the event that the Authority makes written demand upon the Contractor for amounts previously paid by the Authority as contemplated in this Subparagraph, the Contractor shall promptly comply with such demand. Final Completion. When the Contractor believes that the Work is finally complete, the Contractor shall submit to the Project Manager a list of items to be completed or corrected. When the Project Manager, on the basis of an inspection, determines the Work is in fact finally complete, the Contractor will prepare a Certificate of Final Completion which shall establish the date of Final Completion. Guarantees required by the Contract shall commence on the date of Final Completion of the Work. The Certificate of Final Completion shall be submitted to the Authority and the Contractor for their written acceptance of the responsibilities assigned to them in such certificate. Liquidated Damages. The Contractor shall pay the Authority, or the Authority may withhold, the sum of One Hundred Fifty ($ 150.00) Dollars per day for each and every calendar day of unexcused delay in achieving Substantial Completion beyond the date set forth herein for Substantial Completion of the Work. Any sums due and payable hereunder by the Contractor shall be payable, not as a penalty, but as liquidating damages representing an estimate of delay damages likely to be sustained by the Authority, estimated at or before the time of executing this Contract. When the Authority reasonably believes that Substantial Completion will be inexcusably delayed, the Authority shall be entitled, but not required, to withhold from any amounts otherwise due the Contractor an amount then believed by the Authority to be adequate to recover liquidated damages applicable to such delays. If and when the Contractor overcomes the delay in achieving Substantial Completion, or any part thereof, for which the Authority has withheld payment, the Authority shall promptly release to the Contractor those funds withheld, but no longer applicable, as liquidated damages. Operations Center Construction Contract Page 3 of 6 CFPTA Agenda Packet 03/21/201320 Completion and Final Payment. When all of the Work is complete and the Contractor is ready for a final inspection, it shall notify the Project Manager in writing. Thereupon, the Project Manager will make final inspection of the Work and, if the Work is complete in full accordance with this Contract and this Contract has been fully performed, the Project Manager may proceed with final payment. The Contractor shall not be entitled to final payment unless and until it submits to the Project Manager its affidavit that all payrolls, invoices for materials and equipment, and other liabilities connected with the Work for which the Authority, or the Authority's property might be responsible, have been fully paid or otherwise satisfied; releases and waivers of lien from all Subcontractors of the Contractor and of any and all other parties required by the Project Manager; consent of Surety, if any, to final payment. If any third party fails or refuses to provide a release of claim or waiver of lien as required by the Authority, the Contractor shall furnish a bond satisfactory to the Authority to discharge any such lien or indemnify the Authority from liability. 6. Termination or Cancellation. The Authority, by written notice, may terminate this contract, in whole or in part, when it is in the best interest of the project or if federal, state or local financial assistance is rescinded or otherwise unavailable. If this contract is terminated, the Authority shall be liable only for payment under the payment provisions of this contract for services rendered before the effective date of termination. The Authority may terminate this contract in whole or in part, for the Authority’s convenience or because of the failure of the Contractor to fulfill the contract obligations. The Authority shall terminate by delivering to the Contractor a Notice of Termination specifying the nature, extent, and effective date of the termination. Upon receipt of the notice, the Contractor shall (1) Immediately discontinue all services affected (unless the notice directs otherwise), and (2) Deliver to the Authority all data, drawings, specifications, reports, estimates, summaries, and other information and materials accumulated in performing this contract, whether completed or in process. If the termination is for the convenience or if federal, state or local financial assistance is rescinded or otherwise unavailable, the Authority shall make an equitable adjustment in the contract price but shall allow no anticipated profit on unperformed services. If the termination is for failure of the Contractor to fulfill the contract obligations, the Authority may complete the work by issuing another contract or otherwise and the Contractor shall be liable for any additional cost incurred by the Authority. If, after termination for failure to fulfill contract obligations, it is determined that the Contractor was not in default, the rights and obligations of the parties shall be the same as if the termination had been issued for the convenience of the Authority. 5. Demolition of Existing Structures. Based on a report commissioned by the Authority from HDR Engineering of the Carolinas and prepared by Froehling & Robertson, Inc. of Raleigh, NC, hazardous materials have been identified in structures at the site marked for demolition. Contractor is not authorized to begin demolition of any structures prior to a pre-demolition meeting between the Contractor, HDR (or its designee) and the Authority. Contractor agrees to coordinate all demolition efforts in coordination with hazardous materials plan and HDR or its designee. Contractor will remove and dispose of all hazardous materials in accordance with the plans and counsel of HDR or its designee and compliant with all local, state and federal laws and regulations. 4.Independent Contractor. It is mutually understood and agreed that Contractor is an independent contractor and not an agent of Authority, and as such, Contractor, his or her agents and employees shall not be entitled to any Authority employment benefits, such as, but not limited to, vacation, sick leave, insurance, worker's compensation, or pension or retirement benefits. 5. The Contractor shall have a continuing duty to read, carefully study and compare each of the contract Operations Center Construction Contract Page 4 of 6 CFPTA Agenda Packet 03/21/201321 documents, the shop drawings and the product data and shall give written notice to the owner of any inconsistency, ambiguity, error or omission which the Contractor may discover with respect to these documents before proceeding with the affected work. The issuance, or the express or implied approval by the Project Manager of the Contract Documents, Shop Drawings or Product Data shall not relieve the Contractor of the continuing duties imposed hereby, nor shall any such approval be evidence of the Contractor's compliance with this contract. HOWEVER, THE OWNER MAKES NO REPRESENTATION OR WARRANTY OF ANY NATURE WHATSOEVER TO THE CONTRACTOR CONCERNING SUCH DOCUMENTS. By the execution hereof, the Contractor acknowledges and represents that it has received, reviewed and carefully examined such documents, has found them to be complete, accurate, adequate, consistent, coordinated and sufficient for construction, and that the Contractor has not, does not, and will not rely upon any representation or warranties by the Authority concerning such documents as no such representation or warranties have been or are hereby made. Neither the organization of any of the Contract Documents into divisions, sections, paragraphs, articles, (or other categories), nor the organization or arrangement of the Design, shall control the Contractor in dividing the Work or in establishing the extent or scope of the Work to be performed by Subcontractors. 6.Successors and Assigns . The Authority and Contractor bind themselves, their successors, assigns and legal representatives to the other party hereto and to successors, assigns and legal representatives of such other party in respect to covenants, agreements and obligations contained in this Contract. The Contractor shall not assign this Contract without prior written consent of the Authority and any surety to this contract. 7.Notices. Any notices required shall be in writing, unless otherwise permitted hereunder, and shall be deemed received five (5) days after mailing of same in the U. S. Mail with postage prepaid at the addresses set forth below or upon actual receipt: Notice to Authority shall be made to: Cape Fear Public Transportation Authority P. O. Box 12630 Wilmington, N. C. 28405-0130 Attn: Albert Eby, Project Manager Telephone: 910-202-2035 Fax: 910-343-8317 Email: aeby@wavetransit.com Notice to Contractor shall be made to: J. M. Thompson Company P. O. Box 33066 Raleigh, NC 27636 Attn: _____________________ Telephone: (919) 851-1611 Fax: (910) 859-9583 Email: ____________________ 8.General Terms and Conditions. During the term of this Contract, Contractor agrees to procure and maintain insurance which meets all Authority’s requirements in the Invitation For Bids. 9.Authorization to Transact Business in North Carolina. Contractor represents that it is authorized to transact business in the state of North Carolina as a foreign business entity. Operations Center Construction Contract Page 5 of 6 CFPTA Agenda Packet 03/21/201322 10.Miscellaneous. This Contract shall be governed by the laws of the state of North Carolina. Venue for any action arising out of the performance of this Contract shall be with a state or federal court with jurisdiction in New Hanover County, North Carolina. All pronouns used herein shall refer to every gender. Headings or titles in this Contract are only for convenience and shall have no meaning or effect upon the interpretation of the provisions of this Contract. This Contract is the entire agreement between the parties and may not be amended or modified, except by writing, signed by each party. If any provision of this Contract is determined to be unenforceable, then the remaining provisions of this Contract shall be interpreted as in effect as if such unenforceable provision were not included therein. This contract may be signed in counterparts. IN WITNESS WHEREOF, the parties hereto have executed this Contract as of the day first written above. J. M. THOMPSON COMPANY BY: __________________________________ PRINT NAME: __________________________ TITLE: ATTEST: ______________________________ PRINT NAME: __________________________ CAPE FEAR PUBLIC TRANSPORTATION AUTHORITY, NORTH CAROLINA BY: __________________________________ David R. Scheu, Chairman ATTEST: ________________________________ Don Betz, Secretary (seal) AUTHORITY ACCOUNTANT'S CERTIFICATION: This instrument has been preaudited in the manner required by the Local Government Budget and Fiscal Control Act this the _____ day of ____________, 2013. ___________________________________ Joseph Mininni, CPA Authority Finance Director APPROVED AS TO FORM: ________________________________ Andrew W. Olsen Authority Attorney Operations Center Construction Contract Page 6 of 6 CFPTA Agenda Packet 03/21/201323 CFPTA Agenda Packet 03/21/201326 CFPTA Agenda Packet 03/21/201327 CFPTA Agenda Packet 03/21/201328 CFPTA Agenda Packet 03/21/201329 CFPTA Agenda Packet 03/21/201330