WAVE Agenda Packet 07 24 14
Cape Fear Public Transportation Authority
A regularly scheduled meeting of the Cape Fear Public Transporta Thursday, July 24,
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)Safety Awards 05 minutes
5)Public Comment Period 10 minutes
6)Consent agenda 10 minutes
1.Approval of minutes from the June 24, 2014 regular meeting (p. 4)
2.Bus Terminal License Agreement (p.
3.Purchase Order for four (4) Paratransit vehicles (p.
4.Purchase Order for one (1) Paratransit vehicle (p.
5.Purchase Order for one (1) light transit vehicle (p.
6.Agreement with UNCW for transit services (p.
7)Public Hearing FTA Section 5317 Grant Program 05 minutes
8)Committee Reports 30 minutes
Executive Committee, Mr. Jeff Petroff, Chairman
Committee appointments
Meeting with Carolina Beach Town Council debrief
Planning & Operations Committee, Mr. Henry Adams, Chair
June 2014 operating & statistical reports (p.
Finance & Budget Committee, Mr. Bill Bryden, Chair
Facilities Committee, Mr. Jeff Petroff, Chair
Operations center update (p.
July change orders (p.
July purchase orders (p.
9)Staff report 10 minutes
Non-Emergency Medical Transportation (NEMT)
FY 2015 NC State budget
MAP - 21 Reauthorization
10)New business
Scheduling of August meeting 05 minutes
11)Old business 05 minutes
12)Adjournment
The next regular meeting of the Authority will be scheduled at t
CONSENT AGENDA
The following items are attached for consideration. A brief explanation and recommendation
follows:
1)Approval of minutes from June 26, 2014 regular meeting (p. )
2) Bus Terminal License Agreement
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As discussed at the June 26 meeting, Evergreen Trails, DBA Horizon Coach Lines was awarded a
grant from the North Carolina Department of Transportation to op
between Wilmington and Charlotte with stops in Whiteville, FayetThe
Authority will serve as the Horizon agent selling tickets for the bus through t
system. As the agent, the Authority will receive $500.00 per mo
whichever is greater. The route will not impact the current open and no additional costs are
anticipated as a result of the agreement. Under approval of the
01, 2014. Ridership has been minimal which was anticipated. As
the route becomes established, ridership is expected to improve. Approval of the contract is
recommended.
3) Purchase Order for Four (4) Paratransit vehicles
A purchase order in the amount of $187,708 to National Bus Sales
Paratransit vehicles is presented for consideration. The vehicles have been competitively bid by the
North Carolina Department of Transportation and are included on the NC State contract. The 20
light transit vehicles will replace four (4) raised roof vans which have exceeded their
Ninety percent (90%) of the cost of the vehicles is being provided under the NCDOT Commu
Transportation program. Ten percent (10%) local matching funds are being provided through the
FY 2014-15 MOU between the Authority and New Hanover County Department of
Approval of the purchase order is recommended.
4) Purchase Order for one (1) Paratransit vehicle
A purchase order in the amount of $50,347 to National Bus Sales
Paratransit vehicle is presented for consideration. The vehicle
North Carolina Department of Transportation and is included on the NC State contract. The 20
light transit vehicle will replace one (1) raised roof van which
percent (80%) of the cost of the vehicle is being provided under
Twenty percent (20%) local matching funds are being provided by the City of Wilmington through
its annual apportionment. Ten percent (10%) local matching fund
during its annual call for projects. Any funding from NCDOT woution from the
City of Wilmington. Approval of the purchase order is recommend
6) Purchase Order for one (1) light transit vehicle
A purchase order in the amount of $109,236 to National Bus Sales for the purchase of one (1) light
transit vehicle is presented for consideration. The vehicle has been competitively bi
Carolina Department of Transportation and is included on the NC 8 light
transit vehicle will replace one (1) 28 LTV which has exceeded its useful life. Eighty percent (80%)
of the cost of the vehicle is being provided under the FTA Secti5307 program through NCDOT.
Twenty percent (20%) local matching funds are being provided by the UNCW. Approval of the
purchase order is recommended.
7) Agreement with UNCW for transit services
Presented for consideration is the annual agreement between the
Seahawk Shuttle. Highlights include an increase to the base ra
and hours of service. UNCW has also agreed, for the first time since the inception of the Seahawk
Shuttle, to provide the local matching funds for capital replace
recommended.
Cape Fear Public Transportation Authority
MINUTES OF THE
CAPE FEAR PUBLIC TRANSPORTATION AUTHORITY
June 26, 2014
Henry Adams,Vice Chairman, Presiding
MEMBERS PRESENT
Mr. Henry Adams, Vice Chairman
Mr. Don Betz, Secretary
Mr. Jonathan Barfield
Mr. Bill Bryden
Mr. Chris Hawkins
Mr. Beck Smith
MEMBERS ABSENT
Mr. David Scheu, Chairman
Mr. Euran Daniels
Mr. Kevin O’Grady
Mr. Jeff Petroff
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.Mary Crawford,AccountingClerk
CONTRACT MANAGEMENT STAFF PRESENT
Mr.Andy Olsen,Olsen Law Firm, Attorney
Mr.Chris Greenman, Fixed Route Operations Manager
Mr. Jeremy Miller, Maintenance Manager
GUESTS PRESENT
Ms. Suraiya Rashid, WMPO
Ms. Anne Ryan, Citizen
CALL TO ORDER
Mr. Adamscalled the meeting to order at 12:05 pm
The board meeting began with a moment of silence followed by the reciting of the Pledge of
Allegiance
PUBLIC COMMENT
Mr. Adamsopened the public comment period
Hearing no comments, Mr. Adams closed the public comment period
CONSENT AGENDA
Mr.Adamspresented theJune2014consent agenda for approval
Mr. Betzmade a motion to accept items 1,2,3,4,5 and 9
Mr. Hawkins second the motion and the motion carried
Mr. Adams opened Item 6, contract with Gillig, LLC for 35’ HHD buses, for discussion
Mr. Betz asked for clarification regarding the items excluded from the original bid
Mr. Eby explained that to meet the established project budget, some extended warranties and
non-critical items were eliminated
He stated that the Authority tracks warranty items and that the extended warranties are usually
similar in costs to the cost of repairs for items that have been eliminated
Mr. Betz made a motion to enter into a contract with Gillig, LLC for 35’ HHD buses
Mr. Smithsecond the motion andthe motion carried
Mr. Adams opened Item 7, purchase order to Gillig, LLC for two CNG buses, for discussion
Mr. Betz inquired about the production and delivery scheduled
Mr. Eby stated that the project schedules would be determined after issuance of the PO
Mr.Betz made a motion to approve Item 7,purchase order to Gillig, LLC for two CNG buses
Mr. Bryden seconded the motion andthe motion carried
Mr. Adams opened Item 8, FY 2014 Insurance Policy,for discussion
Mr. Betz stated that insurance is inconsistently interspersed throughout the monthly financial
report
He asked staff toinclude all insurance as a single line item
Mr. Betz made a motion to approve Item 8, FY 2014 Insurance Policy
Mr. Brydenseconded the motion and the motion carried
EXECUTIVE COMMITTEE
Mr. Adamsstated the committee did not meet
PLANNING& OPERATIONS COMMITTEE
Mr. Adamspresentedthe committee report
Mr. Adams stated fixed route ridership increased by 6.25% for the month of May as compared to
May 2013
Mr. Adams noted a positive trend in the average Sunday passenger trips
Mr. Adams stated July 2014 marks the beginning of Wave Transit’s tenyear anniversary and
noted a celebration and open house event was tentatively scheduled for Wednesday, July 23,
2014
Mr. Adams requested, on behalf of the Committee, a free fare day on Wednesday, July 23, 2014
as a thank you to Wave Transit customers
No second was needed and the motion carried unanimously
Mr. Adams reported a 62% increase in advertising revenue for CY2014as compared to the
same time period in CY 2013
Mr. Adams stated the Board of Directors for the Rotary Club Cape Fear voted to sponsor the
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installation of a bench and trash receptacle at 5St. and Meares St.
Mr. Adams projected a project completiontime frame of late August
Mr. Adams revealed that Danaher Controls Specialists located in Elizabethtown, has requested
to reserve a second vanpool vehicle
Mr. Adams stated one of the three downtown trolleyswas sent to have the wood revarnished
Mr. Adams reported that the fixed route division has had 121 consecutive days without a
preventable accident
Mr. Eby recognized Ms. Smith, Mr. Greenman and the operations department for their
commitment to safety
FINANCE & BUDGET COMMITTEE
Mr. Adamsrecognized Mr. Bryden to give the committee report
Mr. Bryden recognized Mr. Ridgeway from McGladrey to present the audit briefing
Mr. Ridgeway explained the audit process and schedule for the FY 2014 A133 audit
Mr. Bryden referred the board to the monthly finical report and referred questions to Mr. Mininni
He stated that the Authority is expected to end the fiscal year withinthe adopted budget
FACILITIES COMMITTEE
In the absence of the committee chair, Mr. Adams recognized Mr. Brydento present the report
Mr. Bryden stated that the committee had met and that the progress of the facility was going well
Mr. Brydenrecognized Mr. Ebyto outline the details of the facility construction process
Mr. Eby presented pictures of the progress at the new operations facility
Mr. Eby stated that there were no change orders for June
RESOLUTIONS
Mr. Adamsrecognized Mr. Eby to present the board resolutions
Mr. Eby presented a resolution authorizing the Authority to enter into a contract with NCDOT for
the 5317 New Freedom grant program
The grant would fund a project for design, engineering and construction of bus shelters totaling
$116,424
Mr. Eby stated that the City of Wilmington had adopted local matching funds in its FY 2015
budget
Mr. Betz made a motion to accept the resolution authorizing the Authority to enter into a contract
with NCDOT for the 5317 New Freedom grant program
Mr. Bryden seconded the motion and the motion carried
STAFF REPORT
Mr. Adamsrecognized Mr. Eby to present the staff report
Mr. Eby gave an update on Non-Emergency Medical Transportation (NEMT)stating that the NC
General Assembly had not passed a biennial budget and that the issue was in limbo until the
budget was adopted
NEW BUSINESS
Mr. Eby presented a proposition from Southeastern Stages for Horizon Coach to utilize Forden
Station asan intercity bus stop between Wilmington and Charlotte
He stated that the NC Board of Transportation had awarded Horizon a grant to subsidize the
service
Mr. Eby stated the contract agreement with Southeastern Stages would reflect a flat rate or
percentage of ticket sales, whichever is higher, for utilization of the Authority’s resources
He stated that the contract was being finalized
Horizon had agreed with NCDOT to begin the service on July 01, 2014
He sought approval to begin the service on July 01, 2014
Mr. Barfield made a motion to allowSoutheastern Stages Horizon Coach to utilize the Authority’s
resources for bus parking and ticket sales twice per day, seven days a week while travelling to
and from Wilmington
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Mr. Betz requested that the final contract be presented to the board at the July 24meeting
Mr. Adamsseconded the motion which carried unanimously
OLDBUSINESS
No old business
ADJOURN
Mr.Hawkinsmade a motion to adjourn the June2014board meeting
Mr. Betzseconded the motion and the motion carried
STATE OF NORTH CAROLINA
COUNTY OF NEW HANOVER
BUS TERMINAL LICENSE AGREEMENT
AGREEMENT, as of the 1st day of July, 2014 by and between CAPE FEAR PUBLIC TRANSPORTATION
AUTHORITY, dba WAVE TRANSIT, hereinafter ( Authority ), a North Carolina Public Transportation
Authority, with offices located at 505 CANDO STREET, WILMINGTON, NC 28405, and EVERGREEN
TRAILS, DBA HORIZON COACH LINES hereinafter ("Licensee") a Texas corporation with offices at 1251
W. CRAIGHEAD RD, CHARLOTTE, NC 28206.
WHEREAS, Authority by title, controls a bus terminal Forden Station, hereinafter called
"Terminal", located at 505 Cando St., Wilmington, NC 28405; and
WHEREAS, Licensee is engaged in the operation of motor buses for the tran
persons, baggage and express and desires to use the Terminal and its faci
Licensee's regular route service; and
WHEREAS, Licensee desires to use the Terminal in accordance with the service assumptions set
forth hereto; and
WHEREAS, Authority, in consideration of the intended usage of the Terminal as Licens
declares, but subject to renegotiation should Licensee's usage of the Term is
agreeable to the granting of a license, subject to the terms and condition
NOW, THEREFORE, in consideration of the premises and the mutual covenants and ob
hereinafter contained, it is covenanted, stipulated and agreed by and between the parties hereto as
follows:
1. Authority grants to Licensee for the Term as defined in Section 14 below, the right and
privilege to use, and Licensee agrees to use, the Terminal, its facilities and services in
common with Authority and any other carrier which Authority in its sole discretion shall
permit to use the Terminal, its facilities and services in the manner and upon the terms and
conditions herein set forth. Such facilities and services shall light, heat and
air conditioning, and waiting and rest room facilities. Services provided by Authority shall
include the announcement of the departure and arrival of such bu ticketing, telephone
information (in accordance with Section 10 hereof) and accountin Licensee shall maintain
at the Terminal all necessary tariffs, schedules and other print
Licensee shall not use the Terminal for the operation of buses i
(a) Licensee shall operate no more than two (2) bus departures ( Departures") from the
Terminal in any given day. As used in this Agreement, the term "Departures" shall mean
all buses operated by Licensee that depart from the Terminal, except for extra sections
that are operated by Licensee to accommodate an overload bus so long as such extra
sections are not operated on a scheduled or regular basis.
(b) No changes in the number of Departures operated by Licensee, nor in the routes or
schedules operated by the Licensee to or from the Terminal may be made without
Licensee providing thirty (30) days prior written notice to Authority. Such notice shall
be given as provided in Section 17 below, except that notice shall be addressed to
Authority at P.O. Box 12630, Wilmington, NC 28405. If the Authority determines that
any such change or changes cannot be accommodated at the Termina
whatsoever, Authority shall notify Licensee in writing within thirty (30) days of receipt
of Licensee's request for notice of change.
(c) Licensee shall only have access to, and the right and privilege to use, Authoritys
Terminal as specified by Authority.
2. As compensation for the privilege of using the Terminal faciliti Licensee
agrees to pay Authority, during each calendar month during the term of this Agreement, the
greater of:
(a) the commissions on sales during said month as set forth in section (i) below; or
(b) the monthly minimum commission set forth in section (ii) below:
(i) Twenty percent (20%) of all tariff charges collected by Authority from the sale of
Licensee's tickets at the Terminal;
(ii) Five hundred dollars ($500.00)
3. Licensee authorizes Authority to sell Licensee's tickets and issue Licensee's busbills at the
Terminal through the established Greyhound Max ticketing system and Authority shall
provide all personnel needed or required for the sale of tickets and iss
Licensee at the Terminal. All tickets sold and busbills issued Authority for the
Licensee shall be sold or issued at the rates set forth in Licen
Terminal at the time of the sale or issuance thereof.
4. Authority shall not be obligated to handle baggage for Licensee. Authority shall be entitled
to assess, collect and retain for its own account overtime storage charges with respect
baggage handled for licensee in accordance with the National Baggage Tariff and applicable
express tariffs as issued, reissued or amended by the National Bus Traffic Association, or
tariffs or price lists issued by Authority in which Licensee participates.
5. All monies belonging to the Licensee collected by Authority at Terminals equipped with
Authoritys automated ticketing system which shall be the Greyhound Max system,
(hereafter referred to as "Automated Locations") shall be remito Licensee as follows:
unless Authority and Licensee have mutually agreed to different remittance proced
thth
Authority agrees to submit to Licensee within fifteen (15) days following
, 14 and
st
21 day of the month an estimated remittance for the respective seve
All remittances to the Licensee will be net of the commissions due under Section 2(a), and
(b). No funds shall be remitted to Licensee until the monthly minimum commission is
deducted by Authority from Licensee's collections. Fifteen (15) days after each calendar
month, Authority shall submit to Licensee a remittance, if funds are owed to Lice
invoice, if funds are owed to Authority, as required to balance the monthly period. On a
monthly basis, Authority will also submit to Licensee a sales report or statement coverin
the calendar month just ended.
Loss of cash or negotiable instruments through defalcation, theft or willful acts by Authority,
Contractor, Authoritys employees or, Contractors employees shall be borne by Authority.
In the event of loss of cash or negotiable instruments through thef
a third person, the amount of cash and negotiable instruments, i
immediately following such theft, robbery or burglary, when inve
determine the loss, shall be apportioned among all the carriersAuthority, using
the Terminal affected by such theft, robbery or burglary on the
amounts due each of them, such amounts to be determined by a joint audit by all carriers
concerned. Any money recovered by Authority from any such thir
in this section shall be allocated between the parties hereto in
respective interests in the account to which the recovery applies.
6. All records, books and accounts of Authority necessary to audit
statements submitted to Licensee pursuant to this Agreement shal
and upon advance notice, be open for inspection by Licensee and its authorized contractor,
employees and representatives at Licensee's sole cost and expens
7. In using the Terminal, Licensee agrees to comply with, and to cause its officers, agents,
employees, representatives, contractors and passengers to comply with, all reasonable rules
and regulations not inconsistent with this Agreement, establishe
Authority to govern the operation of the Terminal, and to conduc
orderly, proper, safe, careful, efficient and courteous manner and without offending,
annoying or disturbing others at the Terminal. Licensee and Aut
conduct their operations in the Terminal without denigrating or maligning the other's name
or image. Licensee shall, upon objection from Authority concerning the conduct, demeanor
or appearance of any officer, employee, agent, representative or
immediately take all reasonable remedial steps necessary. The r
governing the operation of the Terminal and its facilities shall be so designed and the
Terminal and its facilities so operated, managed, maintained and
will be accorded fair, just and impartial accommodations, facili
shall furnish impartial information as to the routes, schedules,
impartially give out, upon request, such other general informati
Prospective passengers destined for competitive points on or bey
one of the carriers operating from the Terminal will be quoted service
passengers' inquiries and sold tickets according to passenger pr
Authority has been provided adequate information by the originat
ticket. If no preference is expressed, a ticket will be sold:
1) on the bus which arrives first at the passenger's destination; and
2) on the bus in connection with which all subsequent carriers in the movement of the
passenger have an agreement with Authority to quote and sell their service at the
points at which the passenger will be transferred.
8. Licensee agrees that it will not permit its drivers or other emp
from or sell tickets to passengers departing from the Terminal, xcept in emergencies.
Emergency fares collected from passengers boarding Licensee's bu
be reported to Authority promptly by Licensee and shall be treat
Terminal for the purpose of determining the compensation payable hereunder to Authority.
Licensee and Authority agree that in their operations at the Ter
passengers holding tickets issued in the other's name, and that
agents, employees, representatives and contractors to adhere to
herein, "soliciting passengers" means any practice engaged in a
any bus loading dock, appurtenant thereto) by which a carrier im
attempts to convince passengers holding tickets issued in the name of a di
board the soliciting carrier's bus, including but not limited to the follo
scheduled departure, for other than operational reasons in ordergers from
the other carrier's succeeding schedule; intentionally providing
information to passengers with respect to the schedules, routing, loading gates, or expected
actual departure and/or arrival times of either or both carriers; or intentionally providing
inaccurate or misleading information to passengers with respect
or procedures of the Terminal or of either or both carriers.
9. Licensee may not place or display any of its signage inside or otside the Terminal without
the prior written consent of Authority, which consent will not b
Authority may regulate the number, size, style and location of Licensees advertising or
promotional materials at the Terminal, provided that any such re
nondiscriminatory and reasonable.
10. The Authority will use its best efforts to provide accurate and impartial telephonic fare and
schedule information on behalf of Licensee at the Terminal.
11. Licensee agrees to indemnify, save harmless and defend Authority against and from any and
all liability, damages, losses, claims, demands, suits and judgments of every kind and n
and from any and all costs and expenses, including attorney's fe
(a) injury to or death of officers, agents, contractors, employees or passengers of Lic
or other persons occurring on the Terminal premises, or appurtenances thereto, or by
reason of any occurrence thereon, but not including injury or death occasioned solely
by the gross negligence of Authority or Authority's Contractor or their officers,
employees or agents.
(b) damage to or loss of any property to whomsoever belonging while
premises or appurtenances thereto in connection with Licensee's iness.
(c) injury to or death of persons whomever, or damage to or lo
occasioned by the acts or omissions of Licensee, its officers,
including Licensee's contractor while acting in the performance ices for Licensee,
or by the transportation of persons or property by Licensee.
(d) willful acts of Licensee, its officers, agents, contractors or employees, including but not
limited to assault, battery, false arrest, false imprisonment, mcution,
slander or libel or invasion of privacy, arising out of or in any way connected with the
services of Licensee.
In the event a claim is made or a suit is filed against Authorit
responsibility hereunder, Licensee shall be notified of the claim or suit and Licensee shall, at
its sole cost and expense, investigate, settle and/or defend suc
not settle or otherwise compromise a claim or suit for which indasserted
hereunder, unless Licensee settles or compromises the claim or suit by obtaining a full and
unconditional release of Authority. If Licensee shall refuse or fail to investigate, settle
and/or defend such claim or suit, then Licensee shall be bound bjudgment against, or
reasonable settlement made by, Authority and upon demand, Licensee shall pay the
amount of judgment or settlement and any and all costs and expenses, including reasonable
attorneys fees, incurred by Authority in the investigation, settlement or defense of such
claim or suit.
12. Licensee agrees at its sole cost and expense, to obtain and keep in force throughout the
term of this Agreement in a form satisfactory to Authority the following policies of
insurance:
(a) General Liability Insurance with a combined single limit of not less than $1,000,000.
Such general liability shall be either:
(i) Comprehensive form which has been endorsed to include premises/operations,
products and completed operations, contractual, independent contractors, broad
form property damage and personal injury; or
(ii) Commercial form which has a per location endorsement and is written on an
occurrence basis.
(b) Comprehensive Automobile Liability Insurance providing coverage -
owned, hired and leased vehicles that enter the premises of the Termi
appurtenances thereto.
(i) for vehicles having a seating capacity of sixteen (16) passengera
Combined Single Limit for injury or damage in any one accident of$5,000,000.
(ii) for vehicles having a seating capacity of fifteen (15) passengera Combined
Single Limit for injury or damage in any one accident of$1,500,000.
Licensee agrees to provide and keep in force throughout the term of this Agreement a
policy(ies) of Workers' Compensation insurance in statutory requ
employees engaged in operations under this Agreement.
Licensee further agrees to name Authority as an additional insured on the General and
Automobile Liability policies in connection with services tendered to Licensee, provided
however, that such insurance shall contain provisions to the eff
Authority as an additional insured shall not affect any recovery to which Authority would be
entitled under the policy if it were not so named, and that the
be without contribution from any similar insurance effected by Authority.
Upon execution of this Agreement, Certificates of Insurance verifying each of the above
conditions, and providing for thirty (30) days prior written notice of any cancellation or
reduced coverage, shall be submitted to Authority at the notice
16. Any failure to provide the insurance coverage specified in Secti
default under the terms of this Agreement, and permit Authority to immediately suspend
Licensee's rights under this Agreement and, if such default is n(10) days
to terminate this Agreement upon written notice.
13. In the event of a strike, lockout, labor controversy, act of God
control of Authority which results in the inability of Authority
at the Terminal or in Licensee's inability to use the Terminal, Authority shall not be obl
to furnish Licensee the facilities and services provided for in
period Authority is unable to operate the Terminal and Licensee
either actual or punitive damages as the result of Licensee's inabiliTerminal or
Authority's inability to conduct normal operations at the Termin
14. The Term of this Agreement shall begin on the first day of July 2014 and shall continue in
full force and effect for a period of one (1) year. The Agreement shall thereaf
automatically renew for additional one (1) year periods unless e
notice to the other at least thirty (30) days before the expiration date of the current term of
such party's intention not to renew after the expiration of the
termination in accordance herewith, the Agreement shall terminat
of the initial term or the then current renewal term. Without limiting the foregoing, the
parties shall have the following additional termination rights:
(a) In the event Authority or Licensee shall be permanently prevented from making, or be
rendered unable to make, use of the Terminal for a bus terminal ason of any
regulation, requirement or decision of public authority, then either party hereto may
terminate this Agreement by written notice to the other party.
(b) In the event Authority desires to discontinue the operation of t
terminate this Agreement by giving Licensee at least sixty (60) days prior written notice
of termination without penalty of any kind; provided, however, that if the Authority
acquires another terminal location within five miles of the Term one year of
termination, it shall offer Licensee use of such other terminal if;
(i) there is sufficient space available to accommodate Licensee and other tenant
carriers; and
(ii) Authority and Licensee agree upon the terms of compensation paya
for such use, taking into consideration the costs of operating the new location.
(c) In the event of a default in the performance by either party of
under this Agreement, the other party may terminate this Agreemen
notice of termination to the defaulting party, if the default ha
ten (10) days after the defaulting party has been given written
intention to terminate by the other party. Subsequent defaults
the other party to terminate this Agreement without providing te
notice.
(d) Notwithstanding any other provision contained herein to the contrary, Licensee agrees
to concurrently with the effective date of this Agreement and throughout the term
hereof, procure and maintain all necessary and/or require operat
permits and/or registrations, both state, federal and local, for
vehicles for all jurisdictions operated by or contained in operaime schedules of
Licensee. In the event, Licensee fails to procure or maintain such operating authorities,
permits and/or registrations, Licensees rights under this Agreement may be
immediately suspended and, in the event Licensee fails to cure ciency within a
ten (10) day period from such suspension, the Authority shall have the right, upon
written notice to Licensee, to immediately terminate this Agreem
shall not affect the liabilities between the parties hereto, inc any indemnity
obligations, accruing prior to such termination date.
(e) Notwithstanding the foregoing, in the event of a dispute concerning either party's
compliance with the terms and provisions of Section 7 or 8 hereof, the party
complaining of the noncompliance may invoke the alternative dispute resolution
("ADR") process set forth below. Disputes regarding optional ho
not be subject to this Section 14(e).
The party opting for the ADR process described herein (the "CompParty") shall
initiate the ADR by providing written notice to the other party
specifying in detail the Complaining Party's contention that the terms and provisions of
Section 7 or 8 have not been complied with by the Offending Part
Party shall furnish with its notice letter whatever evidence is
Complaining Party to support its contentions.
(i) Informal Resolution:
On a mutually agreeable date, no later than twenty (20)
calendar days after receipt by the Offending Party of the Compla
written notice, the parties shall meet in the offices of the Com
good faith attempt to resolve the alleged noncomplying conduct set forth in the
written notice. If, at the conclusion of the informal resolution meeting, the dispute
is not satisfactorily resolved, (a) either party may, within ten (10) calendar days,
refer the dispute to the mediation process described below; or (b) if the dispute is
not referred to mediation within the ten (10) day period, the Co
shall be deemed to have waived its rights to pursue any other re
respect to the dispute, including, but not limited to, the right to pursue legal
remedies or further resolution under the ADR process.
(ii) Mediation: Upon referral of a dispute to mediation, the Mediation Arbitration
Organization (defined below) shall, within five (5) calendar day
notice of referral, (a) appoint an impartial, neutral and knowledg
hear the dispute, and (b) provide notice to the parties of such
mediation process shall be commenced, to the extent practicable,
calendar days after the date the mediator is appointed. The parties agre
mediator's role is to assist the parties in resolving the disput
shall not have the authority to impose a settlement upon the par
otherwise agreed by the par1ies, the mediation process shall terminate ten (10)
calendar days after the date of the initial mediation conference
conclusion of the mediation process, the dispute is not satisfac
either party may, within ten (10) calendar days, refer the dispute to the arbitration
process described below; or (b) if the dispute is not referred to arbitration within
the ten (10) day period, the Complaining Party shall be deemed to have wai
rights to pursue any other remedies with respect to the dispute,
limited to, the right to pursue legal remedies or further resolu
process.
(iii) Arbitration: Upon referral of a dispute to arbitration, the Mediation/Arbi
Organization shall, within five (5) calendar days after receipt
referral, (a) appoint an impartial, neutral and knowledgeable arbitrator(s) to hear
the dispute, and (b) provide notice to the parties of such appointment. The
arbitration proceedings shall be commenced, to the extent practicable, within thirty
(30) calendar days after the date the arbitrator(s) is appointed
that the arbitrator(s) shall not have the right to assess puniti
damages and may not make any ruling, finding or award that does not conform to
the basic intent of the parties as expressed by the terms and co
Agreement. Further, without limiting the remedies that may be i
arbitrator(s), and notwithstanding any language to the contrary in Section 9, the
arbitrator(s) shall have the power to terminate the Agreement in
Authority asserts that Licensee has violated the provisions of S
Agreement. The findings or award of the arbitrator(s) shall be binding, unless, at
the time of referral to arbitration, the Complaining Party elects to have the
arbitration be non-binding and advisory.
(iv) Modification of the ADR Process:
By mutual written agreement, the parties may
bypass the steps described in (i), (ii) or (iii) above or may modify the time deadlines
described therein.
(v) Applicable Procedures and Law: The parties hereby select the American Arbitration
Association (the "Mediation/Arbitration Organization") to conduct the
mediations/arbitrations hereunder. Except as expressly provided herein, all
mediations/arbitrations shall be initiated, conducted and govern
established rules and procedures of the American Arbitration Ass
mediation conferences and arbitration proceedings will be held i
Mediation/Arbitration Organization in the city where the Termina
fees and administrative costs of the mediations/arbitrations sha be shared equally
and each party shall bear its own attorneys' fees and expenses in connection
therewith. Neither party shall have the right to appeal arbitration award, except on
the grounds set forth in Section 10 of the United States Arbitration Act. There will
be no right to a trial de novo.
(vi) Other Rights and Remedies: The ADR process described above shall be
mandatory, and must be exhausted before the Complaining Party is entit
exercise its other legal rights and remedies, in cases of an all
Standards of Conduct set forth in Section 7 or the provisions o
however, ADR shall not be mandatory if the Complaining party has
process against the Offending Party in the prior six (6) month period or at least
twice previously since the effective date of the Agreement. In
ADR is not mandatory, the Complaining Party may, in lieu of invo
process, exercise its legal rights and remedies as provided in the Agreement or at
law or in equity. However, once the Complaining Party initiates the ADR process, it
must exhaust its rights under the ADR process and may not exercise its other legal
rights and remedies until the dispute completes the ADR process described in (i), (ii)
and (iii) above, and its rights to appeal a binding arbitration award shall be limited
as stated above. In the event of a non-binding arbitration, the Complaining Party
may, following completion of the ADR process, exercise its legal rights and remedies
as provided in the Agreement or at law or in equity.
(f) Authority may modify the rates specified in Section 2 of this Ag
with thirty (30) days prior written notice to Licensee, in the event that:
(i) Licensee materially deviates from the Service Assumptions set forth in Exhibit A;
(ii) Licensee materially modifies its usage of the Terminal, including but not limited t
its hours of operation, levels of service, departure or arrival
additional costs or expenses on Authority;
(iii) Authority's costs in operating the Terminal or providing Licensee the services herein
specified materially changes; provided however, that, during the term of this
Agreement, the rates specified in Section 2(a) and 2(b) as increased pursuant to
this Section 14(f) shall not exceed 30%; provided however, that this percentage
limitation shall not apply if: (i)Licensee operates 30% or more of th
daily departures from the Terminal; or (ii)there is a relocation of the site of the
Terminal from the location as originally set forth in this Agreement. Upon
notification of a change in rates, Licensee may either: (x)give written notice of its
intent to discontinue its use of the terminal at the end of the thirty (30) day notice
period; or (y)agree to be bound by the modified rates at the end of the thirty (30)
day notice period. Failure to execute a written agreement to the new rates at the
conclusion of the thirty (30) day notice period shall be grounds for immediate
termination of this Agreement.
If Licensee continues using the Terminal after the termination of this Agree
Authority's express or implied permission, such use shall be deeall of
the terms, conditions and provisions of this Agreement, but the
deemed to have been extended or renewed. Licensee shall immediately discont
any such use of the Terminal upon notice from Authority that itsimplied
permission to make such use is revoked.
15. The specified remedies to which one of the parties hereto may resort under the terms of
this Agreement in the event of a default or violation hereof by the other party are
cumulative and are not intended to be exclusive of any other remedies or means of redress
which may be lawfully invoked under the circumstances. The failure of either pinsist
upon strict performance in any one or more cases shall not be constru
relinquishment or waiver for the future of the right to require f
waiver of any provision hereof shall be deemed to have been made unless expr
writing and signed by the party giving the waiver. After the term hereof shall have
terminated it shall not be extended or renewed as a result of Au
payment from the Licensee, Authority rendering any bill to the Licensee or Authority
acquiescing on the continued use of the Terminal by the Licensee.
16. Licensee is required to address any notice to Authority at P.O. Box 12630, Wilmington, NC
28405, or to such other place as Authority may from time to time design
notice to Licensee, with a copy to Authority's Legal Department the same address and all
written notices to the Licensee shall be directed to Licensee at1251 W. Craighead Rd.,
Charlotte, NC 28206. Any notice given or required to be given pursuant to this Agreement
or any of the provisions thereof shall be in writing and delivery of the same by United States
Certified Mail, postage prepaid, in which event notice shall date from the time such
Certified Mail is deposited in the United States mail.
17. The interest of Licensee under this Agreement is not transferabl
any sublease pursuant hereto, without the prior written consent of Authority, it being
understood and agreed that this prohibition applies not only to vol
to transfers by operation of law and all involuntary transfers,
ownership of a majority of Licensee's capital stock shall be deemed a transfer of this
Agreement. In the event Licensee shall dispose of or be divested
this Agreement applies, or in the event of a change in ownership
stock, this Agreement shall automatically terminate, unless Authority shall have consented
in writing to the transfer of this Agreement in connection therewith.
18. It is hereby mutually agreed that this Agreement cancels and terJuly 1,
2014 any and all prior agreements, understandings and arrangements relative to the subject
matter of this Agreement, provided, however, that such termination shall not affect any of
the rights or obligations of the parties which may have accrued or arisen prior to the
effective date of this Agreement.
19. This Agreement does not create the relationship of a partnership o
parties agree that neither party shall assume any responsibility
omissions of the other party.
20. Except as otherwise expressly provided herein, this Agreement shall bind and inure to the
benefit of the respective parties hereto and their respective su
21. The prevailing party in any litigation hereunder shall be entitled to the recovery of its
reasonable attorneys fees, court costs and other related expenses from the non-prevailing
party or parties; as such amounts are fixed by the court in which said litigation
22. Interpretation and enforcement of this Agreement shall be in acc
the state of North Carolina.
23. If one or more of the provisions contained in this Agreement sha
be invalid, illegal, or unenforceable in any respect, such invalidity, illegality, or
unenforceability shall not affect any other provisions thereof a
construed as if such invalid, illegal, or unenforceable provision had never been contained
herein.
24. No modifications or amendments of this Agreement shall be valid
executed by the duly authorized representatives of the contracting parties.
IN WITNESS WHEREOF, the CAPE FEAR PUBLIC TRANSPORTATION AUTHORITY and EVERGREEN
TRAILS, DBA HORIZON COACH LINES, INC. have each executed this Agreement in duplicate originals, one of
which shall be retained by each of the parties.
th
This the 27 day of June, 2014.
CAPE FEAR PUBLIC TRANSPORTATION AUTHORITY
BY: __________________________________
Jeffrey B. Petroff, PE, Chairman
ATTEST:
_______________________________
(seal)
Don Betz, Secretary
This instrument has been preaudited in the manner required by th
Control Act.
This _______ day of __________________, 2014.
_________________________________________
Joseph Mininni, CPA, Finance Officer
APPROVED AS TO FORM:
________________________________
Andrew W. Olsen
Authority Attorney
STATE OF NORTH CAROLINA
COUNTY OF NEW HANOVER
I, ____________________, a Notary Public do hereby certify that tz personally came
before me this day and acknowledged the he is the Secretary of t
Authority and that, by authority duly given and as the act of th
instrument was signed in its name by its Chairman.
WITNESS my hand and official seal this the _______ day of ______
________________________________
Notary Public
My commission expires: _____________________
(seal)
EVERGREEN TRAILS, DBA HORIZON COACH LINES, INC.
By:_____________________________________
_____________________________________
Print Name and Title
STATE OF ______________________
COUNTY OF ____________________
I, _________________________________, a Notary Public in and for
hereby certify that __________________ , personally came before
due execution of the foregoing instrument on behalf of Evergreen Trails, DBA Horizon Coach Lines, INC.,
for the purposes therein expressed.
WITNESS my hand and official seal this the _______ day of ______
________________________________
Notary Public
My commission expires: _______________________
(seal)
SCHEDULING OF NEXT MEETING
The Authority’s next meetingis scheduled for July 24, 2014at 12:00 pm in the Forden Station
Board Room
Respectfully Submitted,
Albert Eby
Executive Director
/kw/mm
Cape Fear Public Transportation Authority
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:7/18/2014PO #15-0083
Ship To:Bill To:
Cape Fear Public Transportation AuthorityCape Fear Public Transportation Authority
1110 Castle StreetPO Box 12630
Wilmington, NC 28401Wilmington, NC 28405
910-343-0106
For:2014 20 Foot LTV
Description
QtyUnit costExt cost
2014 20 FT. LTB Steel Reinforced Composite Body
4per Order Form$ 46,927.00$187,708.00
Total cost$187,708.00
Division
GL NumberAmountGrant Code
15-AR-052$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
Cape Fear Public Transportation Authority
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:7/18/2014PO #15-0084
Ship To:Bill To:
Cape Fear Public Transportation AuthorityCape Fear Public Transportation Authority
1110 Castle StreetPO Box 12630
Wilmington, NC 28401Wilmington, NC 28405
910-343-0106
For:2014 20 Foot LTV
Description
QtyUnit costExt cost
2014 20 FT. LTB Steel Reinforced Composite Body
1per Order Form$ 50,347.00$50,347.00
Total cost$50,347.00
Division
GL NumberAmountGrant Code
15-AR-052$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
Cape Fear Public Transportation Authority
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:7/18/2014PO #15-0054
Ship To:Bill To:
Cape Fear Public Transportation AuthorityCape Fear Public Transportation Authority
1110 Castle StreetPO Box 12630
Wilmington, NC 28401Wilmington, NC 28405
910-343-0106
For:28 Foot LTV
Description
QtyUnit costExt cost
2014 28 FT. LTB Steel Reinforced Composite Body
1per Order Form$ 109,236.00$109,236.00
Total cost$109,236.00
Division
GL NumberAmountGrant Code
NC-90-X502$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
AGREEMENT FOR TRANSPORTATION SERVICES
This Agreement made and entered into this the ______ day of _____________,
2014, by and between the University of North Carolina Wilmington, a constituent
institution of the University of North Carolina ("UNCW") and the Cape Fear Public
;
W I T N E S S E T H:
WHEREAS, UNCW is authorized by G.S. 116-44.4 to regulate traffic and
parking on university property and to utilize funds derived therefrom to provide bus
service and other transportation systems and facilities serving university students,
faculty or employees; and
WHEREAS, on July 01, 2004, the Cape Fear Public Transportation Authority
was created by joint resolution of the City of Wilmington and New Hanover County
under North Carolina General Statutes 160A Article 25, to provide public transportation
services within New Hanover County, assuming the duties and responsibilities of the
Wilmington Transit Authority (WTA) and New Hanover Transportation Services
(NHTS) upon dissolution of each entity; and
WHEREAS, UNCW and CFPTA entered into an agreement dated June 29, 2012
under which the CFPTA operated shuttle buses to apartment complexes and other areas
near the university campus for the benefit of UNCW students; and
WHEREAS, CFPTA has been providing the services detailed under the above
agreement since July 01, 2012; and
WHEREAS, the purpose of the agreement was to ease traffic congestion and
parking concerns on campus; and
WHEREAS, the agreement was for a one (1) year period commencing July 01,
2012 and terminating June 30, 2013; and
WHEREAS, CFPTA has the legal authority to contract with UNCW for such
purpose;
NOW, THEREFORE, for and in consideration of the premises and the terms and
conditions set forth herein, the parties do hereby agree as follows:
CFPTA/UNCW Contract 1of 10
Rev. 005
1. Services to be Provided by CFPTA
(a) CFPTA hereby agrees to provide shuttle bus services for the benefit of
university students ("bus service"). The shuttle buses shall operate between the UNCW
campus and apartment complexes with large student populations located within the
vicinity of the university. The shuttle buseswill also operate between satellite parking
lots and campus. For the fee(s) outlined herein, CFPTA will provide an agreed upon
number of revenue hours on established routes for each day UNCW is in session during
the fall, spring and summer semesters. Service for the annual beach blast is also
included in this agreement. It is intended that the shuttle buses shall operate on days
that UNCW is in session between the hours of 7:00 a.m. to 9:30 p.m. Any service to
extend beyond 9:30 p.m. shall be at a rate to be agreed by the parties, but not to exceed
$57.30 (fifty-seven dollars and thirty cents) per vehicle revenue hour (premium rate)
plus or minus the fuel escalator/de-escalator outlined in Section 4(d) when applicable.
The shuttle bus routes and operating schedules may be modified upon agreement of the
parties in order to maximize the use of the shuttle buses. Changes to the routes and or
operating schedules by either party will require 30 day notice.
(b) CFPTA will provide all vehicles and signage necessary for the operation
of the shuttle bus routes and shall maintain such vehicles in good operating condition
and in accordance with all applicable state and federal rules, laws, statutes, regulations
and safety standards for common carriers.
UNCW recognizes their responsibility to assist the CFPTA in addressing the
current and future capital costs of vehicle replacement for the UNCW shuttle buses.
For fiscal year 2014-2015, UNCW agrees to provide the 20% funding to replace two (2)
shuttle buses. The current estimate to replace a vehicle is $140,000 (one-hundred forty
thousand dollars). The UNCW contribution of 20% equals $28,000 (twenty-eight
thousand dollars) per vehicle for a total of $56,000 (fifty-six thousand dollars). CFPTA
will be responsible for locating both Federal and State funds for vehicle replacement.
Federal and State funding opportunities vary from year to year. Based on Federal and
State funding oppintent to replace 10 vehicles as follows:
2015 (2); 2016 (3); 2017 (3); 2018 (2). CFPTA will notify the University 30 days prior
to ordering any vehicle, outlining the estimated share and time
CFPTA/UNCW Contract 2of 10
Rev. 005
tables for both funding and delivery of vehicles. In the event federal funding is not
available based on this schedule, the number of replacement vehicles will be added to
Shuttle buses used predominately on UNCW routes are branded with a mutually
agreed upon UNCW decal on the window(s) located at the rear of the vehicle. The
above mentioned shuttle buses will be modified with increased UNCW branding.
Brand design and placement location on the vehicle will be mutually agreed upon by
both parties. UNCW agrees to pay for 100% of the branding costs and replacement
costs for any decal that has been damaged beyond repair.
(c) CFPTA shall provide all necessary personnel for the operation of the
shuttle bus routes, and drivers shall be properly and currently licensed. During the term
of this Agreement, CFPTA will maintain records on ridership of the shuttle bus service.
Ridership data for off campus shuttle bus service will be recorded and provided to
UNCW on a monthly basis. Ridership data for on campus shuttle bus service will be
recorded on an hourly basis and presented to UNCW on a monthly basis. With
recognition that the successful performance of this contract is dependent on favorable
response from the users, CFPTA shall meet bi-annually, at a minimum, with the
appropriate campus authority to effect adjustments in operations and shall cooperate at
all times to maintain maximum efficiency and reliability and good public relations with
students, faculty, and staff.
2. Eligibility
The shuttle bus service is open to members of the public who pay the established
fare. Any user, including UNCW students and faculty, requesting to utilize the shuttle
bus service at no cost must present the appropriate eligibility requirement to operations
staff when boarding the shuttle bus.
3. Term
st
This Agreement shall be effective on the 1day of July, 2014and shall extend
until June 30, 2015, unless sooner terminated as provided herein. UNCW shall have the
option to extend this agreement by providing CFPTA written notice of the exercise of
each option at least sixty (60) days prior to the commencement of the extension term.
Any extension shall be on the same terms and conditions as set forth herein. Extension
CFPTA/UNCW Contract 3of 10
Rev. 005
pricing, if exercised, shall be by mutual agreement of the parties.
4. Payment for Services
For the services provided herein, UNCW shall pay CFPTA the following
amounts:
(a) For the period of July 1, 2014 through June 30, 2015, UNCW agrees to
pay CFPTA the amount of $46.10 (forty six dollars and ten cents)(base rate), per
vehicle revenue hour for the mutually agreed upon 17,000 of service hours. This rate
applies to vehicle revenue hours of no less than 17,000 and up to 18,300, plus or minus
the fuel escalator/de-escalator outlined in Section 4d. Revenue hours in excess of
18,300 vehicle revenue hours will be billed as outlined in Section 4(c) of this
agreement.
(b) Should the parties agree to exercise any extension that exceeds 18,300 in
vehicle revenue hours as indicated in 4(a), the rate will be at a mutually agreed upon
amount per revenue hour.
On or before March 1 of each year of any extension of this Agreement, CFPTA
shall provide UNCW with an estimate of UNCW's share of the cost of the bus service
for the upcoming year.
Upon agreement, such amount shall be set forth in a written amendment to this
Agreement. The agreed upon amount shall be paid as set forth herein. In the event that
UNCW and CFPTA do not reach agreement on the amount of UNCW's payment for the
bus service by June 30, this Agreement shall not be extended.
A retainer of $150,000 payable on August 1, 2014 by UNCW is a requirement
of this agreement. The retainer will used to assist in meeting the operating cash flow
needs of the Authority related to UNCW services, from August 2014 through June
2015. The $150,000 retainer will be used to offset any billings for the months of April
2015 through June 2015, with UNCW making up any shortage after applying the
retainertowards these billings. Any unused retainer will be returned to UNCW along
with the final June 2015 billing. All bills are due and payable twenty (20) days after the
bill date with a late payment fee of .02%. One waiver will be granted on any past due
bill.
CFPTA/UNCW Contract 4of 10
Rev. 005
CFPTA shall bill UNCW prior to the payment due date at the rate of $1.00 per
ride based on the ridership data for the period since the last billing date. Any difference
between the billed amount based on ridership and the amount due shall be paid by
UNCW as a program subsidy.
(c) This agreement is for a minimum of 17,000 and a maximum of 18,300
vehicle revenue hours at the base rate detailed in Section 4(a) for the period beginning
July 01, 2014 and ending June 30, 2015. Service in excess of 18,300 vehicle revenue
hours will be billed at a rate of $57.30 (fifty-seven dollars and thirty cents) per vehicle
revenue hour (premium rate) plus or minus the fuel escalator/de-escalator outlined in
Section 4(d) when applicable. Any service exceeding 18,300 vehicle revenue hours
must be requested in writing two weeks prior to the date the service is needed.
Fuel Escalator/De-escalator
(d) . The base rate includes all costs for the
service including fuel up to $3.30 per gallon. Fuel costs above $3.30 per gallon will
result in an additional charge to the base rate of twenty-eight point three cents ($0.283)
per hour for every ten cents ($0.10) over three dollars thirty cents ($3.30)per gallon of
ultra-low sulfur diesel fuel as determined by the North Carolina Department of
Administration Purchasing and Contract Division daily fuel pricing contract number
405Q for ultra-low sulfur diesel fuel. The fuel escalator will be determined on the first
day of the month for the month billed (i.e. July 01 for invoicing due July 30). The URL
for contract 405Q at the time of this agreement is:
http://www.doa.nc.gov/pandc/405q.pdf.
Fuel costs below three dollars and thirty cents ($3.30) per gallon of ultra-low
sulfur diesel fuel will result in a credit to the base rate of twenty-eight point three cents
($0.283) per hour for every ten cents ($0.10) below three dollars thirty cents ($3.30)per
gallon of fuel as determined by the North Carolina Department of Administration
Purchasing and Contract Division daily fuel pricing contract number 405Q for ultra-low
sulfur diesel fuel. The fuel de-escalator will be determined on the first day of the month
for the month billed (i.e. July 01 for invoicing due July 30). The URL for contract
405Q at the time of this agreement is: http://www.doa.nc.gov/pandc/405q.pdf.
(e) ACustomer Service Bonus of 1% shall be paid to CFPTA upon invoice,
when all of the following customer service standards have been met. The CFPTA will
CFPTA/UNCW Contract 5of 10
Rev. 005
maintain the following customer service standards:
(i) On-time performance will be measured and documented on a monthly
basis and said documentation supplied to the UNCW within 10 calendar
days following the close of each month. An on-time performance rate of
90% or higher for all UNCW routes will be considered satisfactory.
(ii) 95% of customer complaints responded to within 24 hours, or one
full business day, of acknowledged receipt.
(iii) The AVL bus tracking system shall be fully operational 95% of the
time.
5. Inclement Weather
In the event classes and shuttle bus service is cancelled as a result of inclement
weather, UNCW may request shuttle bus service be provided during scheduled make-up
hours. Shuttle bus service make-up hours must be requested in writing two weeks prior
tothe date the service is needed. Make-up hours conducted Monday thru Friday will be
billed at a rate of $47.30 (base rate) per vehicle revenue hour. Make-up service hours
conducted on Saturday or Sunday will be billed at a rate of $57.30 (premium rate) per
vehicle revenue hour. The CFPTA reserves the right to cancel service at its sole
discretion when conditions warrant.
6. Insurance
CFPTA shall provide insurance as required by State laws or regulations for the
protection of vehicles, passengers and personnel. All insurance claims or inquiries shall
be handled directly through CFPTA.
7. Advertising
Advertising on the exterior of the shuttle buses used predominately on UNCW
campus shall
Advertising Policy. UNCW shall be provided the same advertising opportunities as
federal regulations prohibit the CFPTA from exclusive advertising.
7. Compliance with Law
CFPTA shall comply with all applicable laws, ordinances, codes, rules and
regulations in performing the services called for in this agreement. In connection with
the performance of this agreement, CFPTA agrees not to discriminate against the
CFPTA/UNCW Contract 6of 10
Rev. 005
beneficiary or recipient of the services provided by this agreement, or against any
employee or applicant for employment on the basis of race, color, creed, national origin,
age, ethnic background, sex or disability.
8. No Liability for Failure
It is understood and agreed that CFPTA shall not have any liability to
adequately or properly perform its obligations under this agreement based on any of the
following events or occurrences:
(a) Adverse weather conditions that would create hazardous driving
conditions;
(b) Shortages of fuels or lubricants beyond the control of CFPTA;
(c) Interruptions to service caused by labor dispute; or
(d) War, riot, revolution, or Act of God.
(e) Loss of funding from FTA, NCDOT or City of Wilmington
9. No Agency or Employment
This is an agreement for the provision of transit services to UNCW.
Nothing herein shall be construed to make either party the agent or employer of the
other or to make employees of either party the employees or agents of the other for any
purpose.
10. Termination
(a) This agreement may be terminated by either party without cause upon
ninety (90) days written notice to the other party.
(b) If either party fails to keep and perform each and all of the covenants
contained herein, then and in that event, the other party, after notifying the non-
conforming party not less than thirty (30) days in advance and upon the failure of the
other party to comply within such period, may at its option either terminate this
agreement or maintain an action in a court of competent jurisdiction for damages,
specific performance or injunctive relief. It is agreed that either party's failure to insist
upon the strict performance of any provision of this agreement or to exercise any right
based upon a breach thereof, or the acceptance of any performance during such breach,
shall not constitute a waiver of any rights under this agreement.
11. Entire Agreement; Amendment
CFPTA/UNCW Contract 7of 10
Rev. 005
This agreement constitutes the entire understanding of the parties. This
agreement may be amended or modified upon mutual agreement of the respective
parties, provided that any such amendment shall be reduced to writing and executed by
both parties.
12. Binding Effect
This agreement shall be binding upon the heirs, successors, assigns, agents,
officials, employees, independent contractors, and subcontractors of the parties.
13. Continuing obligation
The parties will make and execute all further instruments and documents to
further the purposes and intent of this agreement.
14. Reference and interpretation
Use of the masculine herein includes the feminine and neuter; singular includes
plural; and captions and headings are inserted for convenience of reference and do not
define, describe, extend or limit the scope or intent of the agreement. All of the terms
and conditions contained herein shall be interpreted in accordance with the laws of the
State of North Carolina. In the event of a conflict between the various terms and
conditions contained herein or between these terms and other applicable provisions,
then the more particular shall prevail over the general and the more stringent or higher
standard shall prevail over the less stringent or lower standard.
15. Saving
If any section, subsection, paragraph, sentence, clause, phrase or portion of this
agreement is for any reason held invalid, unlawful, or unconstitutional by any court of
competent jurisdiction, shall portions shall be deemed severable and such holdings shall
not effect the validity of the remaining portions hereof.
IN WITNESS WHEREOF, UNCW has caused this agreement to be duly
executed in its name by its Chancellor and the Cape Fear Public Transportation
Authority has caused this agreement to be duly executed in its name and behalf through
its Chairman and its name affixed and attested to.
University of North Carolina at Wilmington
CFPTA/UNCW Contract 8of 10
Rev. 005
____________________________________
By:
Title:
seal)
(
ATTEST:
_____________________________________
Name:
Title:
Cape Fear Public Transportation Authority
_______________________________
Capt. David Scheu
Chairman
seal)
(
ATTEST:
_____________________________________
Don Betz
Secretary
APPROVED AS TO FORM:
_____________________________________
Andrew Olsen
Attorney, CFPTA
This instrument has been pre-audited in the manner required by the Local Government
Budget and Fiscal Control Act.
_____________________________________
Joseph Mininni, CPA
Director of Finance and Administration, CFPTA
STATE OF NORTH CAROLINA
COUNTY OF NEW HANOVER
CFPTA/UNCW Contract 9of 10
Rev. 005
I, the undersigned Notary Public, do hereby certify that ____________________
personally came before me this day and acknowledged he/she is ___________________
of the University of North Carolina at Wilmington and that, by authority duly given and
as the act of the constituent institution, the foregoing instrument was signed in its name
by its Chancellor.
WITNESS my hand and notarial seal, this the ______day or _______________,
20 ____.
_____________________________________
Notary Public
My Commission Expires: _____________________________________
STATE OF NORTH CAROLINA
COUNTY OF NEW HANOVER
I, the undersigned Notary Public, do hereby certify that David Scheu personally
came before me this day and acknowledged he is Secretary of the Cape Fear Public
Transportation Authority and that, by authority duly given and as the act of the
constituent institution, the foregoing instrument was signed in its name by its Chairman.
WITNESS my hand and notarial seal, this the ______day or _______________,
20 ____.
_____________________________________
Notary Public
My Commission Expires: __________________________________
CFPTA/UNCW Contract 10of 10
Rev. 005
Monthly Passenger Summary
June 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
0
0
JulAugSepOctNovDecJanFebMarAprMayJun
JulAugSepOctNovDecJanFebMarAprMayJun
2012/2013
102,054112,743109,078121,151103,73696,608107,95491,50795,02096,30194,97687,593
2012/2013
108,152135,470155,461170,712147,877113,003145,933138,411126,975142,888103,54893,324
2013/2014
90,75899,47898,451101,71190,79990,69578,84585,30393,67996,03297,70292,893
2013/2014
96,540124,927153,473159,527138,395110,281108,585133,034133,577143,641109,52898,291
Change
-11.07%-11.77%-9.74%-16.05%-12.47%-6.12%-26.96%-6.78%-1.41%-0.28%2.87%6.05%
Change
-10.74%-7.78%-1.28%-6.55%-6.41%-2.41%-25.59%-3.88%5.20%0.53%5.78%5.32%
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
JulAugSepOctNovDecJanFebMarAprMayJun
JulAugSepOctNovDecJanFebMarAprMayJun
2012/2013
5,2846,2085,1315,5444,4113,7884,8084,7014,8715,3454,7514,744
2012/2013
81416,51941,25244,01739,73012,60733,17142,20327,08441,2423,821987
2013/2014
4,9595,0204,5895,4814,3764,2133,7593,9454,7434,3344,5564,600
2013/2014
82320,42950,43352,33543,22015,37325,98143,78635,15543,2757,270798
Change
-6.15%-19.14-10.56-1.14%-0.79%11.22%-21.82-16.08-2.63%-18.91-4.10%-3.04%
Change
1.11%23.67%22.26%18.90%8.78%21.94%-21.683.75%29.80%4.93%90.26%-19.15
Passenger Summary
Fiscal Year 2013-14
Total PassengersFixed Route
1,400,000
1,800,000
1,581,754
1,218,721
1,509,799
1,600,000
1,116,346
1,200,000
1,400,000
1,000,000
1,200,000
Change -
800,000
2.42%
Change
1,000,000
-2.76%
800,000
600,000
FY 12-13
FY 12-13
600,000
FY 13-14
400,000
FY 13-14
400,000
200,000
200,000
0
0
Total PassengersFixed Route
Seahawk Shuttle
Paratransit
70,000
400,000
59,586
338,878
350,000
60,000
54,575
303,447
-
300,000
50,000
250,000
Change
Change -
40,000
5.88%
26.51%
200,000
30,000
FY 12-13
FY 12-13
150,000
FY 13-14
FY 13-14
20,000
100,000
10,000
50,000
0
0
Paratransit
Seahawk Shuttle
Passengers by Route June 2014
Fixed Route
PassengersTransfers
No. Name
101Princess Place16,0142,465
103Oleander East6,4041,027
104Northeast5,637932
105Medical Center7,605909
106Shipyard Blvd6,199715
107College Road2,216314
108Market Street5,642809
201Carolina Beach Road9,534998
202Monkey Junction6,782707
203Trolley5,298
204Brunswick Connector2,085228
205Longleaf Park7,872776
207North2,963551
209Independence7,425750
301Pleasure Island1,217
TOTAL
92,89311,181
UNCW
701Blue
712Teal
702Green
703Red
704Yelow
705Loop221
706Point to Point
707Red Express
709Loop Express413
710CMS164
UNCW Total
798
Para-Transit Services
ADA Passengers
1,292
Non-ADA Passengers
3,308
Para-Transit Total
4,600
TOTAL PASSENGERS
98,291
MONTHLYFiscal Year to Date
FIXED ROUTE
This Month
% Change
Ridership Statistics Current% ChangeCurrentPrior
Last Year
Total Bus/Trolley Passenger Trips 92,893 87,5936.05% 1,116,346 1,218,721-8.40%
Total UNCW Passenger Trips 798 987-19.15% 338,878 303,44711.68%
Total Fixed Route Passenger Trips 93,691 88,580 5.77% 1,455,224 1,522,168-4.40%
Average Weekday Passenger Trips 3,796 3,6823.10%
Average Saturday Passenger Trips 2,161 2,0893.46%
Average Sunday Passenger Trips 1,066 89019.75%
Operating Statistics - Fixed Route
Total Revenue Miles 92,495 88,4064.63% 1,216,217 1,143,8306.33%
Total Revenue Hours 6,240 6,1092.14% 86,635 80,4647.67%
Accidents Non Preventable 20200.00% 23 11 109.09%
Accidents Preventable0 1-100.00% 11 14 -21.43%
Passenger Trips/Revenue Mile 1.01 1.001.09%1.201.33-10.09%
Passenger Trips/Revenue Hour 15.02 14.503.56%16.8018.92-11.21%
Operator Overtime 0.92%2.13%-56.73%
Farebox Revenue $ 97,233$ 87,09911.63%$991,896$878,75612.87%
Average Fare per Bus Passenger$ 1.05$ 0.995.27%$0.89$0.7223.23%
PARATRANSITMONTHLYFiscal Year to Date
This Month
% Change
Ridership Statistics Current% ChangeCurrentPrior
Last Year
Total ADA Passenger Trips1,2921,14213.13%15,76914,03712.34%
Total Non ADA Passenger Trips3,3083,602-8.16%38,80645,549-14.80%
Total Paratransit Passenger Trips4,6004,744-3.04%54,57559,586-8.41%
Average Weekday Passenger Trips222227-2.20%
Average Saturday Passenger Trips3435-2.86%
Average Sunday Passenger Trips550.00%
Operating Statistics - Paratransit
Total Revenue Miles33,76638,800-12.97%393,719362,1158.73%
Total Revenue Hours1,8102,004-9.68%19,23420,336-5.42%
Accidents Non Preventable000.00%63100.00%
Accidents Preventable10100.00%94125.00%
Passenger Trips/Revenue Mile0.140.1211.42%0.140.16-15.76%
Passenger Trips/Revenue Hour2.542.377.36%2.842.93-3.16%
Operator Overtime 5.40%4.01%34.66%
WavePool
Passengers219348-37.07%2,648N/AN/A
Revenue Miles4,7304,26710.85%56,647N/AN/A
Revenue Hours8082-2.44%911N/AN/A
Special Services
Greyhound Ticket Revenue$1,787$8,385-78.69%$31,961$48,101N/A
Amtrak Passengers On and Off27416170.19%1,903628N/A
Cape Fear Public Transportation Authority
Operations Center Project Update
July 2014
Construction
Roof decking on both the administrative office is nearing completion. Roof decking on the maintenance building
is complete. The main facility (excluding the bus wash building
are expected in the next three weeks which should render the building dried in. The dried in sill allow for
installation of drywall and other interior items which are weathBrick and block on the maintenance
building and bus wash are complete. Steel framing is complete. Steel panel installation is approxim
complete. Rough-in plumbing, electrical and HVAC are complete. The fire suppression system is installed.
Crushed concrete serving as the base for the bus parking area is95% complete and concrete is being poured in
sections which will continue throughout August. The gasoline and diesel fueling station have been permitted by
New Hanover County and installation has begun.
The project is on the established schedule for completion in Nove
Compressed Natural Gas (CNG) Fueling Station
Design of the CNG fueling station is ongoing. Design documents were scheduled to be submitted to NHC for
permitting in July but are being delayed by the equipment manufa
steel gas lines to the fast fill dispenser have been installed.
documents submitted for permitting, the project remains on sched
Change Orders
Materials testing costs continue to elude estimation. Slower thtors has led
to additional site visits by the materials testing contracting f
firm, general contractor, construction manager and project manag
be required to properly test materials in accordance with industry standards.
increase the total materials testing budget to $54,133.00. Approval of the change order is critical to ensuring
materials testing continue unabated.
Purchase Orders
As the facility begins the final construction and upfitting stags, there are several items the Authority is directly
responsible for. The following items will be purchased by the A
procurement policy:
Audio visual system to include: projectors; television monitors
installation to Sound Decisions of Wilmington in an amount not t
Card reader system to include: purchase and installation of Keyder access system to
Wooten Electric of Supply in an amount not to exceed $61,541.29
Fuel management system to include: equipment; installation and
Focus in an amount not to exceed $60,230.27
All items are included in the project budget. Approval of the purchase orders is recommended and necessary to
allow adequate lead time for suppliers.
Budget
For the month of July, project revenues exceed projected expenses by .79% or $107,091. This amount includes
all change orders and purchase orders detailed above. Funding from FTA in the amount of $251,000 has been
submitted by the Authority and is scheduled to be sent to the USAugust. Final approval
is expected in August.
Cape Fear Public Transportation Authority
PO Box 12630 Wilmington, NC 28405
910-343-0106 Fax: 910-343-8317
Purchase Order
To:
Sound Decisions
4605 Oleander Dr
Wilmington, NC 28403
910-392-1066
Date:7/18/2014PO #15-0085
Ship To:Bill To:
Cape Fear Public Transportation AuthorityCape Fear Public Transportation Authority
1110 Castle StreetPO Box 12630
Wilmington, NC 28401Wilmington, NC 28405
910-343-0106
For:Audio Visual Equipment for Operations Building
Description
QtyUnit costExt cost
Provide Audio Visual Equipment for Operations
1Building$ 50,198.00$50,198.00
Total cost$50,198.00
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
Cape Fear Public Transportation
PO Box 12630 Wilmington, NC 28405
910-343-0106 Fax: 910-343-8317
Purchase Order
To:
Wooten's Electric, Inc.
305 Stone Chimney Rd SW
Supply, NC 28462
910-754-6832
Date:7/11/2014PO #15-0046
Ship To:Bill To:
Cape Fear Public TransportationCape Fear Public Transportation
1110 Castle StPO Box 12630
Wilmington, NC 28401Wilmington, NC 28405
910-343-0106
For:Keyscan Card Reader System
QtyDescriptionUnit costExt cost
Provide Keyscan Card Reader System per
1Quotation #5214$61,541.29$61,541.29
Total cost$61,541.29
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
Cape Fear Public Transportation
PO Box 12630 Wilmington, NC 28405
910-343-0106 Fax: 910-343-8317
Purchase Order
To:
AssetWorks, Inc.
998 Old Eagle School Rd Suite 1215
Wayne, PA 19087
610-228-0120
Date:7/11/2014PO #15-0045
Ship To:Bill To:
Cape Fear Public TransportationCape Fear Public Transportation
1110 Castle StPO Box 12630
Wilmington, NC 28401Wilmington, NC 28405
910-343-0106
For:Fuel Focus Fueling System
QtyDescriptionUnit costExt cost
Provide Fuel Focus Fueling System
1$60,230.27$60,230.27
Total cost$60,230.27
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