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Agenda Packet 03 27 14 Cape Fear Public Transportation Authority A regularly scheduled meeting of the Cape Fear Public Transporta Thursday, March 27, 2014 at 12:00 pm in the Wave Transit Board Room at Forden Station, 505 Cando St., Wilmington, NC 28405. An agenda for the meeting is presented below. MEETING AGENDA 1)Call to Order 2)Moment of silence 3)Pledge of Allegiance 4)Public Comment Period 10 minutes 5)Consent agenda 05 minutes 1.Approval of minutes from the February 27, 2014 meeting (p. 2.Purchase order for one (1) light transit vehicle (LTV) (p. 3.Procurement policy manual update 4.Authorization to purchase four (4) vanpool vans 6)Committee Reports 30 minutes Executive Committee, Mr. David Scheu, Chairman Interlocal agreement update and meeting with NHC Commissioners and Wilmington City Council recap Planning & Operations Committee, Mr. Henry Adams, Chair February 2014 operating & statistical reports (p. Finance & Budget Committee February 2014 financial statement (p. Revised budget ordinance (p. Facilities Committee, Mr. Jeff Petroff, Chair Operations center update (p. change orders (p. Consideration of contract for CNG Fueling Station construction (p. 7)Staff report 10 minutes Route 301 Analysis First Transit management agreement TIGER grant program FTA oversight reviews 8)New business 05 minutes 9)Old business 05 minutes 10)Adjournment Authority offices will be closed on Friday, April 18, 2014 in observance of Good Friday. Bus service will operate on a normal schedule. There will be no bus service prov20, 2014 in observance of Easter. The next regular meeting of the Authority is scheduled for ThursApril 24, 2014 in the Wave Transit Board Room at Forden Station, 505 Cando Street, Wilmington, NC 28405. CONSENT AGENDA The following items are attached for consideration. A brief explanation and recommendation follows: 1)Approval of minutes from the February 27, 2014 meeting (p. 3) 2)Purchase order for one light transit vehicle (p Funds have been allocated in FTA grant NC-90-X502 for the purchase of one shuttle bus for Route 204. The cost of the vehicle is $119,874.00. Local matching funds fo provided by the Brunswick Consortium and are part of the Interlo approximately ninety days. Approval of the PO is recommended. 3)Procurement policy manual update Following an FTA review of the Authoritys procurement policies, was recommended to meet the provisions of 4220.1(f). The revised policy manual is available for review at the following URL: http://www.wavetransit.com/Portals/0/documents/Procurement_Polic. Approval of the updated manual is recommended. 4)Purchase Authorization for vanpool vans (p. In February 2013, the Authority authorized allocation of $88,800 four vanpool vans. The purchase order was in anticipation of ap-DA grant award. Due to lengthy delays in getting the STP-DA funds flexed from FHWA to FTA, the grant was awarded in March 2014. Since issuance of the PO, twelve passenger vans NC contract. Upon solicitation of bids, Bob King Automall of Wibmitted the low bid for four vans which was $26,000.76. One vehicle has been requested by Danaher Industries in Elizabethtown. The cost per mile paid by the vanpool passengers The additional three vans would be ordered utilizing capital funding provided in FY 2015. Staff is working with the WMPO to market two additional vanpools. The fi vehicle. Approval of the purchase would rescind approval of the original PO to Capital Ford. Cape Fear Public Transportation Authority MINUTES OF THE CAPE FEAR PUBLIC TRANSPORTATION AUTHORITY February 27, 2014 David Scheu, Chairman, Presiding MEMBERS PRESENT Mr. David Scheu, Chairman Mr. Henry Adams, Vice Chairman Mr. Don Betz, Secretary Mr. Jonathan Barfield Mr. Beck Smith Mr. Bill Bryden Mr. Euran Daniels Mr. Chris Hawkins Mr. Kevin O’Grady Mr. Jeff Petroff MEMBERS ABSENT None STAFF PRESENT Mr. Albert Eby, ExecutiveDirector 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 Ms.AileenWu Viorel,ElderLaw Firm, Attorney Mr.Chris Greenman, Fixed Route Operations Manager GUESTS PRESENT Ms. Suraiya Rashid, WMPO Ms. Anne K. Ryan, Citizen Mr. Ricky Meeks, Citizen CALL TO ORDER Mr. Scheu called the meeting to order at 12:04 pm The meeting began with a moment of silence followed by reciting the Pledge of Allegiance PUBLIC COMMENT Mr. Scheuopened the public comment period Mr. Meeks thanked board members and Ms. Matheny their service Hearing no further comments, Mr.Scheu closed the public comment period CONSENT AGENDA Mr.Scheu presented the February2014consent agenda for approval Mr. Betzmade a motion to accept items1, 2 and 5 of the February 2014consent agenda Mr.Petroff seconded the motion and the motion carriedunanimously Items 3 and 4 were opened for discussionfor Mr.O’Grady Mr. O’Grady inquired aboutdetails ofitem 3, Job Access Reverse Commute (JARC) agreement Mr. Eby stated JARC is a twoyear agreement whichfunds the operation of Route108 Mr. Eby stated the that funding beyond FY 2015 would need to be identified Requesting no additional information, Mr. O’Grady made a motion to accept item 3, Job Access Reverse Commute (JARC) agreement Mr. Betz seconded the motion andthe motion carried Mr. O’Grady’s final questions pertained to item 4, Operations Center Funding Resolution Mr. Eby statedthat the resolution was for state matching funds from NCDOT for the operations facility The funds were included in the original budget and only recently awarded Mr. O’Grady made a motion to accept item 4, Operations Center Funding Resolution Mr. Betz seconded the motion andthe motion carried EXECUTIVE COMMITTEE Mr. Scheu stated the committee did not meet during the month of February Mr. Scheu said the meeting between the City, County and the Authority regarding the Interlocal th agreement has been rescheduled to March 20at 3:00pm Mr. Eby stated that a decision needs to be made by the City and County regarding future funding levels at the meeting or the Authority would find itself in a similar position to FY 2014 Should funding levels be reduced, the process for route elimination or reduction, if authorized, will need to begin well in advance of the end of the fiscal year in order to meet the Authority’s adopted public comment policy Mr. Daniels asked if a lettercouldbe drafted outlining the urgency of providing funding parameters and delivered to elected officials Mr. Eby stated he would work with the Chairman to draft a letter PLANNING& OPERATIONS COMMITTEE Mr. Scheurecognized Mr. Adamsto give the committee report Mr. Adams stated that ridership was down as a result of three days of service cancellationdue to the winter storm Mr. Adams said theEagle Scout project, the installation ofa bench and trash receptacle at the st bus stop located on Medical Center Dr.and 41St., is scheduled to be completed by the end of March Mr. Adamssaid a draft map of the new trolley route wasapproved by committee and the new trolley route is scheduledto be implemented in March Mr. Adams stated the trolleys will be decaled and a bell on each trolley will be installed prior to the route change, however, due to complications with funding, the banner portion of the project is scheduled to be completed at a later date Mr. Adams said the new advertising firm has brought in approximatelyfivenew advertisersto date Mr. Adams stated one exterior advertisement was installed during the month of February and at least sevenadvertisements are expected to be installed on the exterior of the buses during the month of March FINANCE & BUDGET COMMITTEE Mr. Scheurecognized Mr. Bryden to give the committee report Mr. Bryden stated $653,000 from NCDOT under the SMAP programhas been received and the $400,000 short term loan from the City has been repaid Mr. Bryden said the approved budget will need to be revisedand should be presented at the March 27, 2014 meeting Mr. Bryden stated the Authority has been approved for $159,000 in JARC funding Mr. Bryden reviewed the cash flow challenges faced by the Authority Mr. Bryden wants the committee to explore options that will assist with funding and improve cash flowand hopefully prevent the need for short term loans Mr. Petroff asked ifthe cash flow caused the Authority to pay penalties Mr. Mininni stated that the Authority is accruing come penalties andfeesand that these fees are indicated on the budget report as a separate line item He stated that penalties and fees must be paid with local funds Mr. Mininni said the Authority will always have certain bills that must be paid up front FACILITIES COMMITTEE Mr. Scheurecognized Mr. Petroff to give the committee report Mr. Petroff said that steel is going upat the new facility Mr. Petroff stated thatthe winter storm had minimal impacton construction and progress at the site continues as scheduled Mr. Petroff saidthere are no change orders to present as potential deficits were balanced out with savings from minor changesmade to the facility’s employee parking lot He stated that the low bidder for the CNG construction contract had informed staff that they would not honor their bid because it contained an error Mr. Petroff said that a CNG construction contract with the second low bidder was being negotiated and would bepresented for approval during the March meeting STAFF REPORT Mr. Scheurecognized Mr. Eby to present the staff report Mr. Ebystated efforts were underway statewide to prepare for the NCGA short session beginning in May Mr. Eby said the biennial state budget calls for another two percent cut in state support Mr. Eby said that the Wilmington Multimodal Transportation Center project hasreceived renewed interest Mr. Eby indicated that $2.5 million in state funding must be allocated tothe WMMTCbyFebruary 2015or the funds maylapse Mr. Eby gave a brief update regarding the service interruptions caused by the winter storm Mr. Eby stated the decision to cancel or delay service weremade as a safety precaution for both customers and employees Mr. Ebysaid that the Authority’s Paratransit division transported several individuals with disabilities to and from the Codington Elementary School emergency shelter in coordination with New Hanover County Emergency Management Mr. Eby recognized staff for its outstanding response during the storm OLDBUSINESS Mr. Bryden gave a brief update on the Making Waves Foundation Mr. Bryden said that fiveorganizations asked for assistance from the Foundation through grant requests and all fiverequests were granted Mr. Bryden indicated that matching dollars accompanied two of the grant requests Mr. Bryden indicatedthat the Foundation has been and will continue to encourage grant applicants to use existing transportation dollars as a match for grant requests NEWBUSINESS Nonew business ADJOURN Mr.Betzmade a motion to adjourn the February 27, 2014board meeting Mr. Adamsseconded the motion and the motion carried SCHEDULING OF NEXT MEETING A special meeting between the Authority, Wilmington City Council, and the New Hanover County Board of Commissioners is scheduled for Thursday, March 20, 2014 at 3:00 pm in room 601 of the New Hanover County Government Center The Authority’s next meetingis scheduled for March 27, 2014at 12:00 pm in the Forden Station Board Room Respectfully Submitted, Albert Eby Executive Director /kw FY12 CTP CAPITAL 2013 28 FT. LIGHT TRANSIT VEHICLE (LTV) ORDER FORM STEEL REINFORCED COMPOSITE BODY Send to:National Bus Sales & Leasing, Inc.Vendor No.: 58-1216021 800 Pickens Drive Extension Marietta, GA 30062 800-282-7981; 770-422-8920FAX: 770-422-9007 klynch@nationalbussales.com ATTN: Karla Lynche-mail: dspurgeon@nationalbussales.com Information Contacts: Dana Spurgeone-mail: Bid no. 201200352 Re: N.C. Department of Transportation/Public Transportation Division Project No.: 14-0888 P.O. No.: 4/1/2014 Order Date: (date order placed with vendor) Cape Fear Public Transportation AuthorityAlbert Eby From:Contact : Wave Transit aeby@wavetransit.com (grant applicant/recipient)e-mail: (910) - 202-2035(910) - 343-8317 (phone number)(FAX number) VEHICLE ORDER Base vehicle price: Base Unit Cost QuantityItem no.Description Total Cost $ 70,686.00 Lift - 2 rear wc stations-plan D2$ 70,686.00 11 $ - Lift - 2 front wc stations-plan D3$ 74,952.00 02 $ 70,686.00 SUBTOTAL OF BASIC LTVs $ 325.00 $ - 01Lettering $ 85.00 Logo -labor only ea./logo$ - 02 $ 96.00 Q-Straint QRT Max System $ 96.00 13D-2 $ 288.00 Q-Straint QRT Max System $ - 04D-3 $ 3,570.00 Seon - Wireless 4 Camera/DVR system $ 3,570.00 15 $ 8,998.00 6.7L Ford PowerStroke Diesel Engine $ 8,998.00 16 $ 9,516.00 Telma Brake Retarder $ - 07 $ 2,102.00 Transign destination sign - electronic $ - 08 $ 1,034.00 Passenger signal bell $ - 09 $ 1,314.00 Main M4 Farebox $ - 010 $ 315.00 Panasonic P.A. System $ - 011 $ 267.00 Auxilliary Round Red Brake Lights $ - 012 $ 207.00 Auxiliary Amber Strobe at Rear Door $ - 013 $ 83,350.00 Non-Participating Options (local cost only):SUBTOTAL w/ PARTICIPATING OPTIONS $ 340.00 $ 340.00 122Electric door $ 212.00 $ 212.00 123Hubodometer $ 2,218.00 $ 4,436.00 229Twin Vision Sign $ 14,574.00 $ 14,574.00 117GFI Odyssey Farebox $ 11,238.00 $ 11,238.00 133Talking Bus - DR600 $ 1,778.00 $ 1,778.00 134Touchtape - Stop Request System $ 3,946.00 $ 3,946.00 136Jomarr Fire Supression System $ 119,874.00 GRAND TOTAL EXTERIOR COLOR: The basic body of the Champion - Challenger is white. Shepra Dark Blue CODE:955 INTERIOR SEATING SELECTION: *Seat coverings are listed after options on page 3 Lettering information: (System Name & Phone No.) Color and Style of 6" lettering: Striping/Tu-Tone information: Striping (1 code):Tu-Tone (2 codes):#1: #2 Vehicle to be titled to: Cape Fear Public Transportation Authority P.O. Box 12630 Wilmington, NC 28402-0130 Terms: Payment to vendor must be made within 30 days of accepta Cape Fear Public Transportation PO Box 12630 Wilmington, NC 28405 910-343-0106 Fax: 910-343-8317 Purchase Order To: National Bus Service 800 Pickens Drive Extension Marietta, Ga 30062 770-795-4270 Date:4/1/2014PO #14-0888 Ship To:Bill To: Cape Fear Public TransportationCape Fear Public Transportation 1110 Castle StreetPO Box 12630 Wilmington, NC 28401Wilmington, NC 28405 910-343-0106 For:2013 28 Foot LTV Description QtyUnit costExt cost 2013 28 FT. LTB Steel Reinforced Composite Body per 1Order Form$ 119,874.00$119,874.00 Total cost$119,874.00 Division GL NumberAmountGrant Code% $FP $FP $FP $FP $FP $FP $ Accrued Sales Tax 21400 $ Sales Tax 12600 AuthorizedEntered This instrument has been pre-audited in the manner required by the Local Government Budget and Fiscal Control Act Jean M. Smith Director of Operations Monthly Passenger Summary February 2014 Total Passengers Fixed Route 180,000140,000 160,000 120,000 140,000 100,000 120,000 80,000 100,000 80,000 60,000 60,000 40,000 40,000 20,000 20,000 00 JulAugSepOctNovDecJanFebJulAugSepOctNovDecJanFeb 2012/20132012/2013 108,152135,470155,461170,712147,877113,003145,933138,411102,054112,743109,078121,151103,73696,608107,95491,507 2013/20142013/2014 96,540124,927153,473159,527138,395110,281108,585133,03490,75899,47898,451101,71190,79990,69578,84585,303 ChangeChange -10.74%-7.78%-1.28%-6.55%-6.41%-2.41%-25.59%-3.88%-11.07%-11.77%-9.74%-16.05%-12.47%-6.12%-26.96%-6.78% Seahawk Shuttle Paratransit 60,000 7,000 6,000 50,000 -5,000 40,000 4,000 30,000 3,000 20,000 2,000 10,000 1,000 0 0 JulAugSepOctNovDecJanFeb JulAugSepOctNovDecJanFeb 2012/2013 5,2846,2085,1315,5444,4113,7884,8084,701 2012/2013 81416,51941,25244,01739,73012,60733,17142,203 2013/2014 4,9595,0204,5895,4814,3764,2133,7593,945 2013/2014 82320,42950,43352,33543,22015,37325,98143,786 Change -6.15%-19.14%-10.56%-1.14%-0.79%11.22%-21.82%-16.08% Change 1.11%23.67%22.26%18.90%8.78%21.94%-21.68%3.75% Passengers by Route February 2014 Fixed Route PassengersTransfers No. Name 101Princess Place15,7582,303 103Oleander East5,651932 104Northeast5,640805 105Medical Center6,500820 106Shipyard Blvd5,423700 107College Road1,805297 108Market Street5,102713 201Carolina Beach Road7,727828 202Monkey Junction6,995798 203Trolley3,984 204Brunswick Connector2,074295 205Longleaf Park7,376873 207North3,355635 209Independence7,175641 301Pleasure Island738 TOTAL 85,30310,640 UNCW 701Blue5,522 712Teal4,342 702Green4,952 703Red4,546 704Yelow6,990 705Loop1,872 706Point to Point444 707Red Express 11,330 709Loop Express3,398 710CMS390 UNCW Total 43,786 Para-Transit Services ADA Passengers 1,267 Non-ADA Passengers 2,678 Para-Transit Total 3,945 TOTAL PASSENGERS 133,034 FIXED ROUTEMONTHLYFiscal Year to Date This Month % Change Ridership Statistics Current% ChangeCurrentPrior Last Year Total Bus/Trolley Passenger Trips8530391507-6.78%736040820774-10.32% Total UNCW Passenger Trips43786422033.75%25238022783110.78% Total Fixed Route Passenger Trips 129089133710-3.46%9884201048605-5.74% Average Weekday Passenger Trips610958494.45%4113742441-3.07% Average Saturday Passenger Trips15221939-21.51%1520417065-10.91% Average Sunday Passenger Trips100989512.74%797078181.94% Operating Statistics - Fixed Route Total Revenue Miles98292100695-2.39%803613876956-8.36% Total Revenue Hours72247607-5.03%5741260152-4.56% Accidents Non Preventable10-100.00%1215-20.00% Accidents Preventable210.00%1013-23.08% Passenger Trips/Revenue Mile1.311.33-1.10%1.231.202.86% Passenger Trips/Revenue Hour17.8717.581.66%17.2217.43-1.24% Operator Overtime 2.07%2.42%-14.46% Farebox Revenue $78,113$77,2461.12%$646,725$551,84117.19% Average Fare per Bus Passenger$0.92$0.848.48%$0.88$0.6730.69% PARATRANSITMONTHLYFiscal Year to Date This Month Ridership Statistics % Change Current% ChangeCurrentPrior Last Year Total ADA Passenger Trips1267104121.71%1045499644.92% Total Non ADA Passenger Trips26783660-26.83%2588830324-14.63% Total Paratransit Passenger Trips 39454701-16.08%3634240288-9.79% Average Weekday Passenger Trips190222-14.41% Average Saturday Passenger Trips32306.67% Average Sunday Passenger Trips7540.00% Operating Statistics - Paratransit Total Revenue Miles3200035329-9.42%251355274767-8.52% Total Revenue Hours17221951-11.74%1358316198-16.14% Accidents Non Preventable000.00%27-71.43% Accidents Preventable000.00%67-14.29% Passenger Trips/Revenue Mile0.120.13-7.35%0.140.150.00% Passenger Trips/Revenue Hour2.292.41-4.92%2.682.497.57% Operator Overtime 3.20%3.10%3.23% WavePool Passengers220N/AN/A1588N/AN/A Revenue Miles4253N/AN/A3287N/AN/A Revenue Hours72N/AN/A579N/AN/A Special Services Greyhound Ticket Revenue$2,176$3,016-27.85%$21,861N/AN/A Amtrak Passengers On and Off1176385.71%1209N/AN/A Cape Fear Public Transportation Authority Statement of Operating Position Date : 7/1/2013 - 2/28/2014 Budget Scenario : 2014 (1) (Board Adopted Budget Original) ActualBudget Variance67%Annual GL account Operating revenues Farebox revenues 775,782730,66745,11570.78%1,096,000 Passes 149,083138,00011,08372.02%207,000 Contracted services 685,732691,667-5,93566.09%1,037,500 Total: Operating revenues 1,610,5971,560,33450,26368.81%2,340,500 Operating expenses Salaries and wages 2,286,8052,361,03574,23064.57%3,541,553 Taxes and benefits 718,778802,37783,59959.72%1,203,565 Fuels and lubricants 657,126734,06776,94159.68%1,101,100 Maintenance 252,000415,333163,33340.45%623,000 Communications 15,74316,9331,19061.98%25,400 Tires 41,23771,42330,18638.49%107,134 Professional services 273,019280,8457,82664.81%421,267 Other services 36,57752,53315,95646.42%78,800 Utilities 56,31346,200-10,11381.26%69,300 Insurance 747,178393,298-353,880126.65%589,947 Office supplies and expenses 19,23523,8674,63253.73%35,800 Marketing 41,61028,933-12,67795.88%43,400 Other expenses 71,76983,74011,97157.14%125,612 Total: Operating expenses 5,217,3905,310,58493,19465.50%7,965,878 Nonoperating revenues Subsidies Federal grants1,874,4752,036,619-162,14461.36%3,054,928 State grants933,888677,433256,45591.90%1,016,150 Subsidy from primary government1,558,000950,000608,000109.33%1,425,000 Subsidy from other governments91,87587,2504,62570.20%130,875 Local Government Pledged to Capital-1,0501,0500.00%-1,575 Total: Subsidies 4,458,2383,750,252707,98679.25%5,625,378 Net Results 851,445 Cape Fear Public Transportation Authority.Page 1 of 13/19/2014 8:38 AM ORDINANCE MAKING APPROPRIATIONS FOR THE FISCAL YEAR BEGINNING JULY 01, 2013 BE IT ORDAINED: That the following appropriations are hereby made by the Cape Fe Authority, and that the following revenues are anticipated to be to meet these appropriations. Operating Appropriations General Operating Expenses $ 8,265,000 Operating Revenues Passenger Fares $ 1.031,000 FTA 5307 2,599,088 FTA 5317 140,500 FTA 5310 159,000 FTA 5303 45,988 FTA 5339 87,500 NCDOT CTP 186,150 New Hanover County Department of Aging 28,000 New Hanover County DSS (Van) 550,000 New Hanover County DSS (Work First) 15,000 Other Agencies 17,540 City of Wilmington 1,285,000 NCDOT SMAP 653,722 New Hanover County 260,576 NCDOT ROAP 229,461 Brunswick Consortium 91,875 UNCW 794,600 Other 90,000 $ 8,265,000 Total Operating Revenues Cape Fear Public Transportation Authority Operations Center Project Update March 2014 Construction Progress continued as scheduled in March with minor impact from steel framing for the administrative portion of the facility hasarea have also been installed. The slab for the maintenance bays is being prepared for a late March or early April pour. All underground utilities have been installed and connected to the C connections are being completed. The north parking lot has been weather conditions allow. Sitework, including curbing preparation, in the far eastern portion of the bus parking area has also been completed. Compressed Natural Gas (CNG) Fueling Station As reported in February, the low bidder for construction of the second lowest responsive and responsible bid exceeded the adopte- 129(b) In the event the lowest responsible bids are in excess of the funds available for the project or purchase, the responsible board or governing body is authorized to enter i bidder above mentioned, making reasonable changes in the plans aessary to bring the contract price within the funds available, and may awa negotiations with the second lowest bidder, the equipment provid to bring the cost closer to the established budget. The change will meet the original specifica compression equipment and lower the cost of the bid by $97,530.0 The total cost of the CNG fueling station construction, as amended, is $993,560.00 (adjusted for sales tax), which exceeds the original budget of $860,000.00 by $133,560.00. Additional engineering costs are expected to increase the cost b Contingency funds are available to cover the increased costs. The Authority is in the process of calling the bond from the lowest bidder who withdrew. Change Orders Soil conditions continue to challenge the project budget. In Fe were deemed unsuitable by the project geotechnical engineer. Inlling, a geogrid was installed to properly distribute the load leading to a more easier to install making it the preferred method to undercutting purchase and installation was $9,230.00. The Authority project manager, const geotechnical engineer are in the process of scheduling a meeting Weather, the construction schedule and other items beyond the co ability of soil to properly proofroll before concrete is poured. project managers. Budget Estimated project expenses for the period ending in February 2014 is 0.82% below available revenues. This assumes approval of the change order in the preceding section and includes the actual cost of constructing the CNG Station. Add alternates for canopies and DDC controls for t In response to a call for projects from NCDOT, the Authority suba request for additional funding for the project $ 426,000.00. The money would be FTA funds allocated to NCDOT. The grant would fund a backup electric generator for the CNG fueling station, and breakout the not been announced by NCDOT. Sufficient local matching in-kind funds are available to provide the local match for the additional revenue if awarded. NORTH CAROLINA COUNTY OF NEW HANOVER Authority Contract # 14-01 CONSTRUCTION CONTRACT Jackson The Contract (“Contract”) is made this _____ day of ____________, 2014, by and between Builders, Inc. , of Goldsboro, North Carolina (party of the first part, and hereinafter known as “Contractor”), and Cape Fear Public Transportation Authority the (party of the second part, and hereinafter known as “Authority”). WHEREAS, on December 18, 2013 the Authorityreleased Invitation for Bids (IFB)for the construction of a Compressed Natural Gas (CNG) fueling station; and WHEREAS , on February 03, 2014 Contractor submitted a bid for same, consistent with the specifications in the Invitation for Bids; and WHEREAS, following withdrawal of the initial low responsive and responsible bid, Contractor was determined to be the lowest responsive and responsible bidder; and WHEREAS, onMarch 27, 2014 the Authority selected Contractor by a majority vote at a regular meeting for construction of a Compressed Natural Gas (CNG) fueling station, 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 #14-01, release date December 18, 2013), including all related appendices and addenda; and Contractor’s bid response in its entirety dated February 03, 2014, 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.Work . The Work “Work” shall consist of constructing a Compressed Natural Gas (CNG) fueling station as specified in the Cape Fear Public Transportation Authority Invitation for Bid (IFB) Compressed Natural Gas (CNG) Fueling Station advertised for bid December 18, 2013. Section 9.8 of the IFB is not included as part of Work under this contract. 3.Time of Performance. Contractor agrees to complete construction within two-hundred ten (210) days from the issuance of the requiredbuilding permit(s) from New Hanover County. “Substantial Completion” shall mean that stagein 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.Upon completion of the project, Authority will have use of a fully functional Compressed Natural Gas fueling station suitable for the purpose of fueling compressed natural vehicles. Contractor agrees to coordinate construction of CNG fueling station with Authority General Contractor Clancy & Theys. 4.Costs and Payment. (a)Contractor agrees to perform all Work and provide all equipment pursuant to this Contract for an eight-hundred seventy-five thousand, ninety-nineand no/100 dollars amount not exceed ($875,099.00) (the “Contract Price”). The contract price is equal to the base bid for the CNG fueling station as amended and outlined in Attachment 1. (b) Contractor agrees to provide, install and connect compressed natural gas storage vessel equaltoor ninety-five greater than the vessel specified in Section 9.2 of the IFB for an amount not to exceed thousand, nine-hundred and no/100 dollars ($95,900.00). (c) Contractor agrees to provide, install, connect and configure equipment monitoring hardware and software equal to or greater than the hardware and software specified in Section 9.14 of the IFB . without additional costEquipment monitoring via the monitoring hardware and software, as specified in Section 9.14 of the IFB is not part of this contract. (d) Contractor agrees todesign, construct and install electrical connections for a backup portable electric generator as specified in Addendum 2 to the IFB dated January 09, 2014 at a cost not to exceed twenty-six thousand, six-hundred and no/100 dollars ($26,600.00). (e) Payment shall be made to Contractor at its Goldsboro, NCoffice within thirty (30) daysafter receipt of invoice including all required documentation in accordance with the IFB and this agreement and after Authority has inspected and tested the work and notified Contractor of its acceptance of same. (f) The Authority shall retain sufficient funds to secure completion of the project or corrections of any Work. Retainage shall be compliant with North Carolina General Statue § 143-134.1. (g) Contractors are further required to satisfy the retainage provisions of North Carolina General Statue §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 remedies, work disputed in good faith or third-party claims filed against the Authority or reasonable evidence that a third-party claim will be filed, in either case as a result of the Work performed by the Contractor. 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. (h) Application for Payment. Application for payment will be submitted on AIA Form G072 Application and Certificate for Payment. The application must include the Architect’s (Engineers) Certificate for Payment certified and signed by a North Carolina licensedengineer.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 8.20 of the IFB, as applicable. (2) 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 8.14 of the IFB. (3) 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 8.6 of the IFB. (5) Sales Tax Report (sample attached). (6) Waiver and Release of Lien (sample attached). No payment will be processed until all of the above applicable information is provided. With the exception of the final pay application, payment will be remitted by the Authority within thirty (30) days of invoicing provided all supporting documents are provided with the application for payment. 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 and, if such amount is less than the full amount requested by Contractor in the Application for Payment, shall provide Contractor with a detailed summary of the reasons for withholding any portion of such payment. The Authority shall make full or partial payments on account of the Contract Price to the Contractor within thirty (30) days following Project Manager’sreceipt 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. (i) 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. (j) 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: 1)DefectiveWork not remedied by the Contractor or; 2) Claims of third parties against the Authority or the Authority's property arising out of the negligence or willful misconduct of the Contractor; 3)Failure by the Contractor to pay Subcontractors or others in a prompt and proper fashion; 4) Evidence that the Work will not be completed in the time required for Final Completion; 5)Failure to carry out the Work in accordance with the Contract; 6)Damage to the Authority or a third party to whom the Authority is, or may be, liable; and 7)Damage or loss resulting from 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. 5.Design and Engineering. Contractor is responsible for complete design and engineering of the CNG fifteen- fueling station. Design and engineering costs shall be billed at cost and shall not exceed thousand, five-hundred and no/100 dollars ($15,500.00) .Authority agrees to make current design documents, (approximately seventy-five percent (75%) complete), available to Contractor in autocad exceed three- format. If autocad format is not available, Authority agrees to a change order not to thousand and no/100 dollars ($3,000.00) for additional surveying, design and engineering. 6.Final Completion . When the Contractor believes that the Work is substantially complete or near final completion, 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. 7.Liquidated Damages. The Contractor shall pay the Authority, or the Authority may withhold the sum of one-hundred fifty and no/100 dollars ($150.00) 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 liquidated 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. Notwithstanding anything in this Contract to the contrary, if Contract shall be delayed in the commencement, prosecution or completion of the Work or shall be obstructed or hindered in the orderly progress of the Work by an act or omission of the Authority or any other contractor or subcontractor (other than a subcontractor of Contractor) or any cause beyond the reasonable control of Contractor, then the time fixed for the completion of the Work shall be extended for a period equivalent to the period of delay incurred by Contractor and Contractor shall have no liability to the Authority for such delay. Contractor agrees not to make any claims for damages against the Authority on the account of any such delay, obstruction or hindrance and agrees that its sole remedy shall be an extension of time, as long as such delay, obstruction or hindrance is of the type and duration that is reasonably anticipated to occur during the normal course of the construction process for commercial construction projects in the geographic area of this project. 8.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; consent of Surety, if any, to final payment. If any materialmen and subcontractors claim that they have not been paid by Contractor or one of Contractor’s Subcontractors, Contractor shall indemnify and hold harmless the Authority,against such claims and agrees to assume, on behalf of the Authority, the defense of any action at law or in equity which may be brought against Authority in connection with any such matters. 9.Add Alternates .The contract Work does not include Add Alternate 1 of the bid.The Authority reserves the right under this agreement to include Add Alternate 1 at the following price(s)any time before final payment is remitted. Add Alternate 1 includes the following: (a) Contractor agrees to provide, a backup portable electric generator asspecified in Addendum 2 one-hundred threethousand, nine- to the IFB dated January 09, 2014 at a cost not to exceed hundred eleven and no/100 dollars ($103,911.00) . 10.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 projector if federal, state or local financial assistance is rescindedor 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’sconvenience or because of the failure of the Contractor to fulfill the contract obligations. The Authorityshall 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) Immediatelydiscontinue all services affected (unless the notice directs otherwise), and (2) Deliverto the Authorityall 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 convenienceor 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 Authoritymay 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. 11.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. 12.No Representations or Warranties. The Contractor shall have a continuing duty to read, carefully study and compare each of the contract documents, the shop drawings(if applicable) and the product data and shall give written notice to the Authority 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. 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. 13.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. 14.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 505 Cando St, 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: Jackson Builders, Inc. P.O. Box 148 1608 Highway 70 West Goldsboro, NC 27533 Attn: _____________________ Telephone: ________________ Fax: _____________________ Email: ____________________ 15.General Terms and Conditions. During the term of this Contract, Contractor agrees to procure and maintain insurance which meets all Authority requirements in the Invitation For Bids. 16.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. 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. 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 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. JACKSON BUILDERS, INC. BY: __________________________________ PRINT NAME: __________________________ TITLE: ATTEST: ______________________________ PRINT NAME: __________________________ CAPE FEAR PUBLIC TRANSPORTATION AUTHORITY BY: __________________________________ David R. Scheu, Chairman ATTEST: ________________________________ Don Betz, Secretary (seal) AUTHORITY ACCOUNTANT'S CERTIFICATION: Cape Fear Public TransportaCape Fear Public Transportaon Authorityon Authority RouteRoute301301PleasurePleasureIslandIsland YearYearOneOneAnalysisAnalysis BackgroundBackground On June 28, 2012 the Cape Fear Public Transportaon Authority voted unanimously endorsed the ‘Ý; {wš©·w“m;©“­z·tŒ“. The plan recommended a coverage model for K xed route service model which would increase the areas served by the Authority. Feedback duricipaon poron of the plan- ning process demonstrated a high level of support for bus service to the areas beaches. Following a period of route restructuring analysis and input, the Authority introduced restructured routes on February 03, 2013. Feedback since the restructuring regarding the expanded coverage area has been most- ly posive. Addionally, ridership is slowly returning to pre-restructuring level fare increase. In keeping with pervious service expansions, the Authority assumed all costs with the service expansion to Pleasure Island to evaluate eecveness. AnalysisAnalysis As demonstrated in Table 1, ridership on Route 301 has grown rapidly and has remained consistent when seasonal adjustments are considered. By comparison, Route 204 Brunswick Connector debuted with 106 pas- sengers in January 2004 and grew to 321 passengers by January 2005. During that thirteen month period, Route 204 ran once every hour and made twelve trips per day as opposed to the four trips per day by Route 301. Given ample oppor- tunity for the public to embrace the route, the Brunswick Connector currently averages over 2,000 passengers per month. Passengers per mile for Route 301 averaged .36 during the K rst thirteen months of service. Passengers per hour during the same period was 6.18. in Table 1 2012, the last year data was reported to b5r ‘Ý; ©“­z·x­ ­ä­·;’ Þz7; Ý;©m; Þ­ u passengers per mile and 16.11 passengers per hour. Overall, Route 301 has exceeded inial expectaons and support for the route is comparavely strong. Boarding counts and passenger surveys are planned for summer 2014 to assess passenger trip origin and des- naon as well as trip purpose. If the route is connued, ridership is expected to increase as the route is mar- keted, and as passengers become more convinced that the route will be connue operaon. Financial support from the municipalies served is crical. The Town of Carolina Beach is a direct recipient of the bene K ts provided by the route. These bene K ts include: reduced congeson; increased sales tax reve- nues; an increased pool of employees available to local businessCarolina Beach residents who need transportaon to medical, educaonal and employment opportunies not available on Pleasure Island; and a healthier environment from reduced vehicle emissions. As a regional provider, Wave Transit has an established model fong local match contribuon rates. The model was developed for service to Brunswick County ers federal and state subsidies to mini- mize the impact on local governments. Based on the number of miles the route travels through the Carolina Beach corporate limits and the total cost of the route, an annual contribuon of $8,500.00 by the Town is war- ranted. This report recommends iniang a dialogue with the Town of Carolina Beach to gauge support f Route 301.