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Agenda Packet 01 22 15wave Cape a Public A regularly scheduled meeting of the Cape Fear Public Transportation Authority will be held Thursday, 'hnuary 22, 2015 at 12:00 pm in the Wave Transit Board Room at Forden ration, 505 Cando 9t., Wilmington, NC 28405. An agenda for the meeting is presented below. M E_rI NG AGENDA 1) Call to Order 2) Moment of silence 3) Redge of Al Iegiance 4) PublicOomment Period 5) Introduction of new board members 6) Recognition of outgoing board member 7) Introduction of new employee 8) Operator safety award 10 minutes 9) Consent agenda 20 minutes 1. Approval of minutes from the December 18, 2014 regular meeting (p. 3) 2. Purchase order for bus shelters (p. 8) 3. Local Matching Funds Resolution (p. 9) 10) 2040 Metropolitan Transportation Improvement Program presentation • Wilmington Metropolitan Panning Organization 11) Committee Reports 30 minutes • Executive Committee, Mr. Jeff Petroff, Chairman • Legal services contract (p. 11) • Ranning& Operations Committee, Mr. Andrew Koeppel, Chair • December 2014 operating & statistical reports (p. 40) • Five year bus stop enhancement plan (p. 43) • Fnance& Budget Committee, Mr. Bill Bryden, Chair • December 2014 financial statement (p. 65) • Facilities Committee, Mr. Jeff Petroff, Chair • Operations center update (p. 66) • January change orders and equipment (p. 67) 12) Making Waves Foundation quarterly report, Mr. Bill Bryden, Chair 13) Staff report 14) New business 15) Old business 16) Adjournment 05 minutes 05 minutes The next regular meeting of the Authority is scheduled for Thursday, February 26, 2015 at 12:00 pm in the Forden ration Board Fbom. CFPTA Agenda Packet 01 /22/2015 The following items are attached for consideration. A brief explanation and recommendation follows 1) Approval of minutesfrom December 18, 2014 regular meeting (p. 3) 2) Purchase order for bus shelters (p. 8) The Authority has been awarded funding under the NCDOT New Freedom Program for the purchase and installation of passenger waiting shelters. Following issuance of a request for proposals (RFP) the Authority received competitive bids for the purchase of pre - fabricated shelters from two bidders. Brasco Mfg. was the lowest responsive bidder. The project will purchase and install a minimum of thirteen shelters and spare parts in accordance with the Bus Shelter Ran. Additional shelters maybe ordered under the grant agreement if funding permits. Local funding in the amount of $23,284 has been allocated by the City of Wilmington in their FY2015 budget. Approval of the purchase order is recommended. 3) Local M atching Funds Resolution (p. 9) In response to a cal I for projectsfrom NCDOT, the Authority requested state m at ch i ng f u nds fo r four projects. One light transit vehicle (LN and four vanpool vans have been purchased and placed into revenue service. The other two LTVs are on order. All of the projects were budgeted without state financial participation assuming the full twenty percent match would be borne by the Authority and its funding partners. To execute an agreement with the state for the funding, a resolution attesting the Authority iswilling and able to provide ten percent local matching funds is required by NCDOT. Adoption of the resolution is recommended. CFPTA Agenda Packet 01 /22/2015 ?VPVO Cape Fear ; Public Transportation 1 . j. MINUTES OF THE CAPE FEAR PUBLIC TRANSPORTATION AUTHORITY December 18, 2014 Jeff Petroff, Chairman, Presiding MEMBERS PRESENT Mr. Jeff Petroff, Chairman Mr. Don Betz, Secretary Mr. Jonathan Barfield Mr. Bill Bryden Mr. Samuel Grundman Mr. Andy Koeppel Mr. Kevin O'Grady, Vice Chairman Mr. Rick Richards Mr. Beck Smith MEMBERS ABSENT Mr. Euran Daniels Mr. Steven Kelly STAFF PRESENT Mr. Albert Eby, Executive Director Ms. Megan Matheny, Director of Planning and Development Mr. Joe Mininni, Director of Finance & Administration Ms. Jean Smith, Director of Operations Ms. Vanessa Lacey, NCDOT Apprentice Ms. Kathy Williams, Board and Customer Service Clerk CONTRACT MANAGEMENT STAFF PRESENT Mr. Andrew Olsen, Attorney, Olsen Law Firm, Mr. Chris Greenman, Fixed Route Operations Manager Mr. Jeremy Miller, Fixed Route Maintenance Manager GUESTS PRESENT Ms. Pat Batleman, Town of Leland Mr. Lawrence S. Craige, Craige & Fox Attorney Ms. Charlotte Noel Fox, Craige & Fox Attorney Ms. Lynn Heim, Budget Director, City of Wilmington Mr. Ricky Meeks, Citizen Ms. Suraiya Rashid, WMPO Ms. Anne K. Ryan, Citizen Ms. Martha Wayne, Audit Manager, McGladrey LLP CALL TO ORDER Mr. Petroff called the meeting to order at 12:02 pm The board meeting began with a moment of silence followed by reciting the Pledge of Allegiance PUBLIC COMMENT • Mr. Petroff opened the public comment period CFPTA Agenda Packet 01 /22/2015 • Mr. Meeks thanked the board for a wonderful year • He also thanked First Transit and their bus operators and suggested a day be set aside to recognize them • Mr. Meeks said he hopes new buses will be purchased in 2015 • Mr. Meeks suggested that new buses be equipped with a bike rack that accommodates three bikes • He also suggested that bus service to Brunswick County and Castle Hayne be extended to the weekends • Hearing no further comments, Mr. Petroff closed the public comment period INTRODUCTION • Mr. Petroff recognized Mr. Eby to introduce the Authority's newest staff member and NCDOT apprentice • Mr. Eby gave a brief summary of how the NCDOT apprentice position was created • Mr. Eby recognized Ms. Smith to give a brief introduction of Ms. Lacey and her job qualifications and duties • Ms. Lacey gave a brief introduction and stated she is excited about the opportunity to work with the Authority CONSENT AGENDA • Mr. Petroff presented the December 2014 consent agenda for approval • Mr. O'Grady requested item 2 be pulled for discussion • Mr. Koeppel requested items 3 and 5 be pulled for discussion • Mr. Betz made a motion to accept items 1 and 4 of the December 2014 consent agenda • Mr. Bryden seconded the motion and the motion carried • Mr. O'Grady had an inquiry regarding item 2, NCDOT Public Transportation Grant Agreement • Mr. O'Grady asked if the grant is 1.3 million dollars over a one or two year period • Mr. Eby stated the operating grant, totaling 1.3 million dollars, is over a two year period and will fund 50% of the operating expenses for Route 205, one CNG bus and eight bus shelters • With respect to the bus shelters, 80% will be funded by NCDOT • The City of Wilmington has agreed to provide the 20% local match • Mr. O'Grady asked why was Route 205 selected for this grant • Mr. Eby stated the grant is under the New Freedom Program and Route 205 meets the criteria for service above and beyond ADA as required for the particular grant • Mr. O'Grady inquired as to how the grant would spread over two budget cycles • Mr. Eby stated that 50% operating revenue to fund Route 205 is included in the current adopted operating budget and 50% will be included next year's budget as Federal /State revenue as it has been in previous budgets • Mr. O'Grady made a motion to accept item 2, NCDOT Public Transportation Grant Agreement • Mr. Betz seconded the motion and the motion carried • Mr. Koeppel referred to item 3, 2015 Meeting Schedule, and inquired if the meeting in April needs to be segregated from the retreat • Mr. Eby stated the entire four hour time period designated for the board retreat must be advertised as a public meeting and time would being allotted to address regular business at the retreat • Mr. Eby said he is confident that that there should be sufficient time during the retreat to include regular agenda items • Mr. Petroff stated details regarding the retreat will be discussed at future meetings • Mr. Koeppel made a motion to accept item 3, 2015 Meeting Schedule • Mr. Betz seconded the motion and the motion carried CFPTA Agenda Packet 01 /22/2015 • Mr. Koeppel had a question regarding item 5, Purchase Order for Bus Shelters • Mr. Koeppel wanted to make sure that the specifications for the bus shelters are in accordance with NCDOT regulations and design standards • Mr. Eby stated that one of the requirements outlined in the request for proposals was for each proposer to have a design standard that had been approved by NCDOT • Mr. Eby stated that the recommended shelter manufacturer's submitted shelter design was on the NCDOT list of approved shelters for NCDOT Division 3 • Mr. Koeppel made a motion to accept item 5, Purchase Order for Bus Shelters • Mr. Betz seconded the motion and the motion carried FISCAL YEAR 2014 INDEPENDENT AUDITOR'S REPORT • Mr. Petroff recognized Mr. Eby to present the auditor's report • Mr. Eby recognized Ms. Martha Wayne, Audit Manager with McGladrey, LLP, to present the FY 2014 audit report • Ms. Wayne stated the Authority received an unmodified opinion audit report which is the highest level of assurance that can be provided as auditors • Ms. Wayne stated the board should pay close attention to the Management Discussion and Analysis section of the audit report which provide a summary of the financial activities of the Authority during fiscal year 2014 • Ms. Wayne gave a brief description of the contents of the audit • Ms. Wayne addressed the report of the Board of Directors section of the audit • Ms. Wayne stated there were two proposed audit adjustment identified during the audit process, the first was two depreciation expenses totaling $5,384 and the second was an adjustment to the Authority's reporting concerning the Making Waves Foundation • Ms. Wayne stated the Making Waves Foundation should be shown as a blended component unit because the Authority board appoints members to the Making Waves Foundation board • She said past activity for the Making Waves Foundation had not been at a level where it was necessary to include in the adjustment schedule; however, over the past year, financial activity for the Foundation rose to a level in which it needed to be to be included in the past adjustment year • Ms. Wayne stated the auditors experienced no issues while conducting the audit nor did they encounter any difficulties while working with management • Mr. Eby stated that staff was willing and able to make the recommended audit adjustments going forward • Mr. Betz made a motion to accept the FY 2014 Independent Auditor's Report • Mr. O'Grady seconded the motion and the motion carried EXECUTIVE COMMITTEE • Mr. Petroff stated that the committee reviewed the request for proposals for legal services • Mr. Petroff stated that all three proposers were very qualified and after discussion, the committee recommended directing staff to negotiate contract with Craige and Fox, PLLC as the Authority's legal counsel • The term of the contract would be for three years with the possibility of three two year extensions • Mr. Eby stated that a draft of the contract should be presented for approval at the January 2015 board meeting • Mr. Betz made moved to authorize the Executive Director to begin contract negotiations for legal representation with Craige and Fox, PLLC in accordance with the provisions of the RFP • No second was required and the motion carried PLANNING & OPERATIONS COMMITTEE • Mr. Petroff recognized Mr. Koeppel to present the committee report CFPTA Agenda Packet 01 /22/2015 • Mr. Koeppel stated that ridership declined slightly in the month of November as compared to November 2013 • He stated the Authority has received over $51,000 in advertising revenue for the calendar year • Mr. Koeppel stated staff has submitted a draft of the Five Year Bus Stop Enhancement Plan (2015 -2020) to the committee for review • Mr. Koeppel stated the banners for the trolley stops were installed over the past month • Mr. Koeppel said staff is working with the City of Wilmington's parking staff for an opportunity to include information about the downtown trolley in all of the City decks • Mr. Koeppel stated the board retreat is scheduled for April 23, 2015 and any comments, remarks or suggestions regarding the retreat should be directed to staff • Mr. Eby stated the agenda for the board retreat will be provided closer to the date of the event FINANCE & BUDGET COMMITTEE • Mr. Petroff recognized Mr. Bryden to give the committee report • Mr. Bryden stated that operating revenue is well within the adopted budget • Mr. Bryden revealed that two grants are in process of being approved • Mr. Bryden said the SMAP payment is expected in January 2015 • He said that fund balance payments from both the City and County have been received • Mr. Bryden said a $400,000 line of credit from the City was requested due to expenses incurred from the construction of the operations facility • He stated that the line of credit was only for cash flow purposes and the project was within the adopted budget FACILITIES COMMITTEE • Mr. Petroff presented the committee report • Mr. Petroff recognized Mr. Eby to provide an update on the operations facility • Mr. Eby presented a slide show illustrating the progress of the operations facility • Mr. Eby stated the final punch list is in the process of being scheduled • Mr. Eby said final touches are being completed and equipment is being started and tested • Mr. Petroff provided an update regarding the legal issues regarding the radiant floor heating • Mr. Petroff stated the general contractor submitted a very large estimate to fix the heating • Mr. Petroff said that he and Mr. Eby have worked closely with counsel to rectify the issue while protecting the legal rights and the established project budget of the Authority • Based on additional software simulations by the Mechanical Engineer of Record and the radiant floor heating manufacturer, it is believed that the system may function as designed and constructed • Mr. Petroff stated that the Authority issued a "Change Directive" to the contractor to complete construction of the radiant flooring • The Authority did not commit to additional charges for the completion of the radiant flooring system • The General Contractor stated that they would abide by the directive and keep a detailed accounting of the process for discussion with the Authority, the Mechanical Engineer of Record, the Architect and Construction Manager at a future date • Mr. Petroff stated the anticipated date for the turnover of the building is approximately February 18, 2015 • Mr. Petroff stated that the facility has a one year warranty period • Mr. Betz suggested all warranties should be read carefully as to the begin date of each warranty • Mr. Eby stated it is written in the contract that warranties begin under the general contractor's warranty at the time of building turnover CFPTA Agenda Packet 01 /22/2015 Mr. Eby stated that he was in contact with the US Secretary of Transportation Office to schedule an official to assist in the building dedication Once a date for the dedication was established, he would share it immediately with the board STAFF REPORT • Mr. Petroff recognized Mr. Eby to present the staff report • Mr. Eby stated he and members of the NCPTA Executive Committee met with State Senator Justin Burr of Stanley County regarding the Non - Emergency Medicaid Transportation (NEMT) program • Mr. Eby stated that Medicaid trips provided by the Authority are fully allocated at a cost of $2.20 per mile which includes capital replacement • Mr. Eby stated should this program be brokered it would be difficult to capture the fully allocated cost • Medicaid revenues are allowed to be used as local matching funds and dramatic reductions could jeopardize the Authority's ability to match federal and state dollars • Mr. Eby stated that the NCPTA had retained a consultant to assist in educating the NCGS about the importance of Medicaid transportation by Community Transportation systems like Wave Transit • A preliminary presentation by the consultant identified the Cape Fear Public Transportation Authority as the system that provides the highest number of Medicaid trips as a percentage of paratransit trips which speaks to the importance of the need to continue to have a voice in the discussion of NEMT at the legislative level • Mr. Eby stated that he would keep the board updated on any changes regarding the NEMT program NEW BUSINESS • None OLD BUSINESS • None ADJOURN • Mr. Barfield made a motion to adjourn the December 18, 2014 board meeting • Mr. Betz seconded the motion and the motion carried SCHEDULING OF NEXT MEETING The Authority's next meeting is scheduled for January 22, 2015 at 12:00 pm in the Forden Station Board Room Respectfully Submitted, Albert Eby Executive Director /kw /m m CFPTA Agenda Packet 01 /22/2015 Vendor Brasco International 32400 Industrial Dr. Madison Heights, MI 48071 800 - 893 -3665 Date: 9- ,an -15 Ship To: Cape Fear Public Transportation Authority 1480 Castle Hayne Pd Wilmington, NC28401 910- 343 -0106 For: Cape Fear Public Transportation Authority PO Box 12630 Wi I m i ngt on, NC 28405 910- 343 -0106 Fax: 910 -343 -8317 Purchase Order Qty Part # Description M 15 -0775 Bill To: Cape Fear Public Transportation Authority PO Box 12630 Wilmington, NC28405 Passenger Shelters Unit Cost Ed cost CL Number Amount Division Grant Code % 15-NF-052C $ Passenger Shelters and Replacement Panels $116,424.00 $116,424.00 $ F P Tax Total cost $116,424.00 CL Number Amount Division Grant Code % 15-NF-052C $ F P $ F P Accrued Sales Tax 21400 $ Sales Tax 12600 $ Authorized Entered This instrument has been preaudited in the manner required by the Local Government Budget and Fiscal Control Act Jaan M. 9-nith Date Director of Operations CFPTA Agenda Packet 01 /22/2015 8 RESOLUTION Introduced by: Albert Eby, Executive Director Date: January 22, 2015 LOCAL MATCHING FUNDS RESOLUTION WHEREAS, the Cape Fear Public Transportation has been awarded four (4) Federal Transit Administration (FTA) grants for various projects; and WHEREAS, the Authority was required to match the grants with twenty percent (20 %) local funding; and WHEREAS, in response to a call for projects by NCDOT, the Authority requested ten percent (10 %) of the local twenty percent (20 %) matching funds from NCDOT; and WHEREAS, NCDOT funds are considered local matching funds by FTA; and WHEREAS, NCDOT granted the Authority ten percent (10 %) local matching funds for four projects totaling $42,661.00; NOW THEREFORE, BE IT RESOLVED that the Cape Fear Public Transportation Authority has or will provide local matching funds equal to ten percent (10 %) for the following projects: FTA §5307 15- 90- X502 -01 - Cape Fear Transportation Authority request for State funds for replacement of one light transit vehicle for use on Fbute 204 Brunswick Connector $125,000 Total $100,000 Federal $12,500 State $12,500 Local FTA §5307 15 -34 -X533 - Cape Fear Transportation Authority request for State Funds for replacement of one light transit vehicle for use on UNCBeahawk Shuttle. $150,000 Total $120,000 Federal $15,000 State $15,000 Local FTA §5307 15 -95- X062 -01 - Cape Fear Transportation Authority request for State Fundsfor purchase of four expansion vanpool vansfor use in the Wave Pool Vanpool Program $100,000 Total $80,000 Federal $10,000 State $10,000 Local FTA §5339 15 -34 -0002 - Cape Fear Transportation Authority request for State Funds for one replacement Light Transit Vehicle for use in Authority's Complementary Paratransit Program $51,610 Total $41,288 Federal $5,161 State $5,161 Local CFPTA Agenda Packet 01 /22/2015 Adopted at a regular meeting on January 22, 2015 (seal) Jeffrey B. Petroff, Chairman Attest: Don Betz, Secretary CFPTA Agenda Packet 01 /22/2015 10 STATE OF NORTH CAROLINA CONTRACT FOR LEGAL ,SERVICES COUNTY OF NEW HANOVER This Agreement is made and entered into by and between the CAPE FEAR PUBLIC TRANSPORTATION AUTHORITY, d /b /a Wave Transit, operating pursuant to N.C.G.S. Title 160A, Article 25, hereinafter referred to as the "Authority," and Craige & Fox, PLLC, Attorneys At Law, hereinafter referred to as "Outside Counsel." RECITALS WHEREAS, the Authority may retain and employ legal counsel on a contract basis for the purpose of rendering professional services and advice pursuant to N.C.G.S. Section 160A- 579(6) in carrying out its responsibilities; and WHEREAS, the Authority desires to obtain the legal services of Outside Counsel to advise, assist and represent the Authority in the course and scope of the Authority's performance of its duties and the provision of transportation services; and WHEREAS, Outside Counsel desires to act as legal counsel to the Authority. NOW, THEREFORE, for and in consideration of the premises and mutual covenants and terms and conditions herein contained, and of the execution hereof, the parties agree and bind themselves to perform the obligations set forth herein and do mutually agree as follows: SECTION 1. TERM This Agreement shall commence on the date the Agreement is approved by the Authority Board. The initial term of this Agreement is for three (3) years with the provision for three (3) two year extensions by mutual agreement. SECTION 2. OBLIGATIONS OF OUTSIDE COUNSEL 2.1 Duties. Outside Counsel shall perform, in a professional and timely manner satisfactory to the Authority, the following legal services: (a) Advise, assist and represent the Authority on legal issues as requested by the Authority, including the appearance of Outside Counsel at Authority meetings and Authority committee meetings and in litigation, however, no litigation shall be initiated by Outside Counsel without the prior approval of the Authority. (b) Review and/or prepare Authority policies, resolutions and contracts as needed. CFPTA Agenda Packet 01 /22/2015 11 2.2 Subcontracts. Outside Counsel shall comply with Section 7 of this Agreement if Outside Counsel and the Authority determine that it is reasonable and necessary to subcontract for the services of local or other legal counsel to assist in the legal representation contemplated by this Agreement. After approval by the Authority, when Outside Counsel subcontracts for legal services, Outside Counsel shall provide in writing to the Authority within ten (10) days of entering into the subcontract the name, address, hourly rate (if applicable) and description of work to be done by the subcontractor and expected date of completion of the work. 2.3 Conflict of Interest. Outside Counsel shall not engage in any business or transaction or have a financial or other personal interest, direct or indirect, which is incompatible with the services to be performed, or would tend to impair their independence of judgment and action in their performance, under this Agreement. Outside Counsel shall not represent any person in any claim against the Authority or its employees. Outside Counsel shall conduct a conflicts analysis on any subcontractor and disclose any actual or potential conflict to the Authority. 2.4 Public Records. Outside Counsel acknowledges that documents and materials, including reports, generated in the course of representation of the Authority may be subject to the Freedom of Information Act and the North Carolina Public Records Act. Outside Counsel will exercise professional judgment and care not to generate documents which are subject to public information requests that are intended to be confidential or confidential attorney - client communications. This is particularly important in invoices where incidental notation may tend to reveal litigation strategies or confidential information. This Subsection shall not be interpreted to limit the duty of Outside Counsel to provide full disclosure to the Authority as necessary in Outside Counsel's judgment to represent the Authority with due professional care or as required by applicable law or disciplinary rules. 2.5 Custodian of Public Records. Outside Counsel shall act as Custodian of personnel records pertaining to the recruitment, hiring, employment, contractual agreements and evaluations of the Executive Director. All records held by Outside Counsel will returned to the Authority upon request of the Authority Chairman upon expiration or non - renewal of the contract for legal services. The personnel records held by Outside Counsel are subject to the provisions of Chapter 126, Article 7 of the North Carolina General Statutes. Outside Counsel will inform the Authority Chair of any request for public information to Outside Counsel by any agency, media outlet, individual or other requesting party prior to release of any public information. CFPTA Agenda Packet 01 /22/2015 12 SECTION 3. COMPENSATION 3.1 Maximum Fee. The total liability for legal services and expenses under this Agreement shall not exceed $40,000.00 annually for the duration of this Agreement, prorated for any period less than one year. Any increase to this maximum fee during the term of this Agreement and any subsequent extensions thereof must be in writing and signed by the parties. Outside Counsel is not required to perform services that cannot be compensated due to the limitations of this Subsection. Nothing herein shall prevent the parties from amending the total amount of this Agreement in accordance with Subsection 11.7 herein. 3.2 Payments to Outside Counsel. Outside Counsel agrees to abide by the following payment structure and schedule: (a) Compensation for Time. Subject to the maximum fee in this Section, in consideration of full and satisfactory performance of the services hereunder, the Authority agrees to pay Outside Counsel for their legal services at the rate of $200.00 hourly, to be billed in fifteen (15) minute increments, for all hours of representation. Authority shall pay Outside Counsel at the rate of $ 85.00 per hour, to be billed in fifteen (15) minute increments, for all hours performed by Outside Counsel's paralegal(s) or legal assistants on Authority matters. Any attorney's fees allotted by any Court or in settlement of any claim and paid to Outside Counsel will be credited to and deducted from the fees charged by Outside Counsel to Authority. (b) Reimbursement of Expenses. Subject to the maximum fee in this Section, the Authority will reimburse Outside Counsel for reasonable actual expenses incurred in the performance of the services herein. The Authority agrees to pay any and all reasonable and necessary expenses (such as filing fees, court fees, expert witness fees, depositions, copying, travel, postage and long distance telephone charges) paid or incurred by Outside Counsel in connection with the Authority's representation. No expense in excess of $200.00 will be incurred without the Authority's express consent. (c) Invoice for Payment. A detailed and itemized invoice for services rendered and expenses advanced by Outside Counsel for the previous month shall be mailed to the Authority on or about the first day of each month. The Authority shall make payment to Outside Counsel for all approved services and expenses within thirty (30) days of receipt by the Authority of the approved invoice. Each invoice will include Outside Counsel's Employer Identification Number. 3.3 Records. The Authority, and or its assigns, has the right to review and /or audit all records and documents pertaining to this Agreement both during its performance and after its completion. CFPTA Agenda Packet 01 /22/2015 13 Outside Counsel shall further maintain appropriate documentation for all compensation claimed under this Agreement. Outside Counsel shall maintain all expense charge documents for a period of five (5) years following completion of this Agreement, except in the event of litigation or settlement of claims arising from the performance of this contract, in which case Outside Counsel shall maintain same until the Authority has disposed of all such litigation, appeals, claims or exceptions related thereto; and said documents shall be sent to the Authority upon request. SECTION 4. TERMINATION 4.1 Without Cause. Representation may be terminated by either party upon five (5) days written notice sent by first class U.S. Mail. Such notification of termination shall state the effective date of such termination. In the event of such termination, Outside Counsel shall, unless otherwise mutually agreed upon in writing by the parties, cease all services immediately and any provided by subcontractor(s) of Outside Counsel. The Authority shall be liable for payment to Outside Counsel for all services performed to the effective date of termination, plus any necessary services to cast effectively wind -up as agreed by the parties in writing. 4.2 For Cause/Default. In the event that Outside Counsel fails to provide the agreed upon services according to the provisions of this Agreement or fails to comply with any of the terms or conditions of this Agreement, the Authority may, upon written notice of default to Outside Counsel, immediately terminate all or any part of this Agreement. Termination is not an exclusive remedy, but will be in addition to any other rights and remedies provided in equity, by law or under this Agreement. Outside Counsel may terminate this Agreement upon reasonable notice to the Authority for substantial breach by the Authority. 4.3 Rights upon Termination or Expiration. Upon termination or expiration of this Agreement for any reason, Outside Counsel shall immediately deliver to the Authority all records, notes, memorandum, data, documents, information and associated work products prepared by Outside Counsel or, otherwise prepared for the Authority pursuant to this Agreement, in whatever form it exists. The Authority is granted the unrestricted right to use, copy, modify, prepare derivative works from, publish and distribute, at no additional cost to the Authority, in any manner as the Authority deems appropriate in its sole discretion, any component of the information, work products, or other such deliverables. In no event shall the Authority be liable to Outside Counsel for payment in excess of the maximum fee set forth in Section 3 herein. 4.4 Remedies. Notwithstanding any exercise by the Authority of its rights of early termination pursuant to this Section, Outside Counsel shall not be relieved of any liability to the CFPTA Agenda Packet 01 /22/2015 14 Authority for damages due to the Authority by virtue of any breach of this Agreement by Outside Counsel or for amounts otherwise due the Authority by Outside Counsel. SECTION 5. BAR CERTIFICATION 5.1 Professional Responsibility. Outside Counsel shall represent the Authority fully as provided by the North Carolina Code of Professional Responsibility governing the professional responsibilities and ethics of the legal profession. 5.2 State License. Outside Counsel will notify the Authority in writing within one (1) business day of any lapse in Outside Counsel's license to practice law in the State of North Carolina. SECTION 6. INDEPENDENT CONTRACTOR 6.1 Independent Contractor. During the existence of this Agreement, Outside Counsel acts in the capacity of an independent contractor, and Outside Counsel is not an employee of the Authority for any reason. Any person employed or engaged by Outside Counsel and who assists in performing the services agreed to herein shall not be considered an employee or agent of the Authority. 6.2 Acts of Employees. Outside Counsel is solely and entirely responsible for its acts and omissions and the acts and omissions of its agents, employees, subcontractors, and representatives in the performance of this Agreement and any claims for such acts or omissions. 6.3 Liability for Taxes and Benefits. During this Agreement, Outside Counsel is entirely responsible for the liability and payment of Outside Counsel's employees, assistants or agents, including all taxes of whatever kind, arising out of the performances in this Agreement. Outside Counsel shall comply with all state and federal laws applicable to any such persons, including laws regarding wages, taxes, withholdings, insurance, and workers compensation. Other than the payments described in this Agreement, Outside Counsel or Outside Counsel's employees, assistants or agents shall not be entitled to any Authority benefit on account of the services provided hereunder. THE AUTHORITY SHALL NOT BE LIABLE TO OUTSIDE COUNSEL, ITS EMPLOYEES, AGENTS, OR OTHERS FOR THE PAYMENT OF TAXES, CFPTA Agenda Packet 01 /22/2015 15 WITHHOLDINGS OR THE PROVISION OF UNEMPLOYMENT INSURANCE AND /OR WORKERS COMPENSATION OR ANY BENEFIT DUE TO AN AUTHORITY EMPLOYEE. SECTION 7. ASSIGNMENT AND SUBCONTRACTING 7.1 Assignment and Subcontracting. Outside Counsel shall not assign, subcontract or transfer any interest in this Agreement without the prior written approval of the Authority. If Outside Counsel and the Authority determine that it is necessary or expedient to subcontract for any of the performances, or in support of any of the performances herein, Outside Counsel may enter into such subcontracts. 7.2 Payment. If Outside Counsel enters into a subcontract for any legal services, then the parties agree that the Authority shall not be liable to Outside Counsel for hourly rates greater than $200.00 per hour due to such subcontractor(s); for a greater amount than the total maximum fee for legal services specified in Section 3. 1, or for expenses greater than the expenses specified in Section 3.2, unless prior written approval from the Authority is obtained. Outside Counsel, in subcontracting for any performances or in support of any of the performances specified herein, expressly understands and agrees that the Authority shall not be directly liable in any manner to the subcontractor(s) of Outside Counsel. 7.3 Invoices. If Outside Counsel subcontracts for any performances hereunder, the subcontractor shall directly invoice Outside Counsel and Outside Counsel shall then invoice the Authority for the work performed. The actual work performed by the subcontractor shall be specifically identified in the invoice. In no event shall this Section or any other provision of this Agreement be construed as relieving Outside Counsel of the responsibility for ensuring that all performances rendered under this Agreement, and any subcontracts thereto, are rendered in compliance with all of the terms and conditions of this Agreement. SECTION 8. INSURANCE AND INDEMNITY 8.1 Professional Liability Insurance. Outside Counsel presently maintains professional liability insurance in an amount of not less than $1,000,000 per claim, $2,000,000 aggregate, and agrees to maintain at least this amount of insurance coverage during the term of this Agreement and any extensions thereof. Outside Counsel shall give immediate notice to the Authority if the malpractice insurance is cancelled. Outside Counsel shall furnish to the Authority a certificate of insurance and upon request, certified copies of such insurance policies. 8.2 Workers Compensation Insurance. Outside Counsel shall obtain and maintain Workers Compensation coverage providing statutory benefits and Employers Liability Insurance, CFPTA Agenda Packet 01 /22/2015 16 including the Broad Form All States Endorsement protecting all employees of Outside Counsel against occupational injury or disease. 8.3 Indemnity. Outside Counsel shall indemnify and hold the Authority, its employees, officers and agents, harmless from all losses, injuries or damages, and wages or overtime compensation due the employees of Outside Counsel in rendering services pursuant to this Agreement, including payment of reasonable attorneys' fees and costs in the defense of any claim made under the Fair Labor Standards Act or any other federal or state law. SECTION 9. DOCUMENTS 9.1 Ownership of Documents. All materials and documents developed pursuant to this Agreement are the exclusive property of the Authority and Outside Counsel shall retain no property or copyright interest therein. 9.2 Copyright/Intellectual Property. Outside Counsel shall take reasonable measures to protect the Authority from material risks of Authority liability for copyright or patent infringement or disclosure of trade secrets resulting from the use of any documents, materials, information or ideas furnished by Outside Counsel pursuant to this Agreement, other than documents, materials, information, or ideas specified by the Authority or its employees or other agents. Outside Counsel and the Authority agree to furnish timely written notice to each other of any claim of copyright, patent, trade secret, or other intellectual property infringement arising out of the services under this Agreement. SECTION 10. COMPLIANCE WITH LAW 10.1 Compliance with Law. Outside Counsel shall abide by all federal, state and local laws and regulations in the rendering of services pursuant to this Agreement. 10.2 Federal Laws. The work to be performed under this Agreement is on a project assisted under a program providing direct federal financial assistance from the United States Department of Transportation and is subject to the requirements of the Urban Mass Transportation Act of 1964, as amended, 49 U.S.C. 1601 et. seq. 10.3 Federal Grants and Agreements. This Agreement shall be subject to any and all terms and conditions of any and all applicable underlying grants or agreements by which the Authority, City of Wilmington, New Hanover County, or other Authority funding partner receives funding from the United States of America, State of North Carolina or any agencies or subdivisions thereof to finance in part or in whole this Agreement. This Agreement shall be subject to all amendments, changes or other modifications to said grants, agreements or laws and CFPTA Agenda Packet 01 /22/2015 17 regulations under which they are promulgated that may occur during the terms of this Agreement or any subsequent extensions of it. The parties to this Agreement further certify and agree that they are under no contractual or other disability, which would prevent them from complying with these requirements. Exhibit "1 " attached hereto and made a part hereof sets forth the required Federal Transportation Administration (FTA) language for professional services contracts exceeding than $100,000.00. 10.4 As Amended. Outside Counsel understands that Federal laws, regulations, policies, and related administrative practices applicable to this Agreement may be modified, amended or promulgated from time to time during the term of this Agreement. Outside Counsel agrees and shall comply with the most recent of such State and Local requirements that will govern this Agreement at any particular time, unless the governing authority agency determines otherwise. Likewise, new Federal, state and local laws, regulations, policies and administrative practices may be established after this Agreement is executed and may apply to this Agreement. Outside Counsel's failure to so comply shall constitute a material breach of this Agreement and cause for its termination by the Authority. SECTION 11. GENERAL PROVISIONS 11.1 Survival. The obligations of Outside Counsel under Subsection 3.3, shall survive this Agreement. 11.2 Written Notice Delivery. Any notice required or permitted to be given under this Agreement by one party to the other party shall be in writing and shall be given and deemed to have been given immediately if delivered in person to the recipient's address set forth in this Subsection, or on the date shown on the certificate of receipt if placed in the United States mail, postage prepaid, by registered or certified mail with return receipt requested, addressed to the receiving party as follows: If to the Authority: Albert Eby, Director Cape Fear Public Transportation Authority P.O. Box 2258 Wilmington, NC 28402 CFPTA Agenda Packet 01 /22/2015 18 If to Outside Counsel: Charlotte Noel Fox Craige & Fox, PLLC 701 Market Street Wilmington, NC 28401 11.3 Non - Waiver of Rights. The Authority's failure to insist upon the strict performance of any provision of the 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. 11.4 Immunity Not Waived. This Agreement is governmental in nature and for the benefit of the public and is not intended to be for private profit or gain. Any fees charged hereunder are intended to reflect as closely as possible the Authority's actual cost, and the Authority does not intend to waive its sovereign immunity by reason of this Agreement. 11.5 Applicable Law and Venue. This Agreement shall be governed by and construed in accordance with the laws of the State of North Carolina. The venue of any suit brought concerning this Agreement shall be any court of competent jurisdiction in New Hanover County, North Carolina. 11.6 Amendments. Nothing in this Agreement is intended to prevent the parties from amending this Agreement in the future to expand the scope of the Agreement. This Agreement may be amended only by written amendment duly executed by the parties. 11.7 Binding Effect. This Agreement shall be binding upon the heirs, successors, assigns, agents, officials, employees, independent contractors and subcontractors of the parties. 11.8 Reference. Use of the masculine 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 this Agreement. 11.9 Interpretation. If there is 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. 11.10 Severability. If any section, subsection, paragraph, sentence, clause, phrase or portion of this Agreement is for any reason held invalid, unlawful, or unconstitutional by any CFPTA Agenda Packet 01 /22/2015 19 court of competent jurisdiction, such portion shall be deemed severable and such holding shall not affect the validity of the remaining portions thereof. IN WITNESS WHEREOF, the Authority and Outside Counsel have each executed this Agreement in duplicate originals, one of which shall be retained by each of the parties. This the day of January, 2015. [SIGNATURES ON FOLLOWING PAGE] CFPTA Agenda Packet 01 /22/2015 20 Cape Fear Public Transportation Authority IM Jeffrey B. Petroff, Chairman Don Betz, Secretary (SEAL) (SEAL) 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 CRAIGE & FOX, PLLC By: f4r,y: � (SEAL) Charlotte Noel Fox CFPTA Agenda Packet 01 /22/2015 21 EXHIBIT "1" In this Exhibit "1" references to Contract orlcontractor is to Outside Counsel, and references to Contract /contract is to the Contract for Legal Services. Federal Changes Contractor shall at all times comply with all applicable Federal Transit Administration (FTA) regulations, policies, procedures and directives, including without limitation those listed directly or by reference in the Master Agreement between Purchaser and FTA, as they may be amended or promulgated from time to time during the term of this contract. Contractor's failure to so comply shall constitute a material breach of this contract. 2 Geographic Preference Procurements shall be conducted in a manner that prohibits the use of statutorily or administratively imposed in -State or local geographical preferences in evaluation or award of bids or proposals, except where applicable Federal statutes expressly mandate or encourage geographic preference. This does not preempt State licensing laws. 3 Conflict of Interest No employee, officer, board member, or agent of the Owner shall participate in the selection, award, or administration of a contract supported by Federal Transit Administration (FTA) funds if a conflict of interest, real or apparent, would be involved. Such a conflict would arise when the employee, officer, board member, or agent, any member of his or her immediate family, his or her partner, or an organization that employs, or is about to employ any of the above, has a financial or other interest in the firm selected for award. 4 Lobbying Byrd Anti - Lobbying Amendment, 31 U.S.C. 1352, as amended by the Lobbying Disclosure Act of 1995, PL 104 -65 (2 U.S:C. §1601, et seq.). Contractors who apply or bid for an award of $100,000 or more shall file the certification required by 49 CFR part 20, "New Restrictions on Lobbying." Each tier certifies to the tier above that it will not and has not used Federal appropriated funds to pay any person or organization for influencing or attempting to influence an officer or employee of any agency, a member of Congress, officer or employee of Congress, or an employee of a member of Congress in connection with obtaining any Federal contract, grant or any other award covered by 31 U.S.C. 1352. Each tier shall comply with Federal statutory provisions to the extent applicable prohibiting the use of Federal assistance funds for activities designed to influence congress to a State legislature on legislation or appropriations, except through CFPTA Agenda Packet 01 /22/2015 22 proper official channels. Each tier shall also disclose the name of any registrant under the Lobbying Disclosure Act of 1995 who has made lobbying contacts on its behalf with non - Federal funds with respect to that Federal contract, grant or award covered by 31 U.S.C. 1352. Such disclosures are forwarded from tier to tier up to the recipient. The requisite "Lobbying Certification" is included as A TTA CHMENT A (attach Standard Form -LLL if necessary) and must be executed for contracts of $100, 000 or more and prior to the award of the contract. 5 Civil. Rights (1) Nondiscrimination - In accordance with Title VI of the Civil Rights Act, as amended, 42 U.S.C. § 2000d; section 303 of the Age Discrimination Act of 1975, as amended, 42 U.S.C. § 6101 et seq., section 202 of the Americans with Disabilities Act of 1990, 42 U.S.C. § 12101, and Federal transit law at 49 U.S.C. § 5332, the Contractor agrees that it will not discriminate against any employee or applicant for employment because of race, color, creed, national origin, sex, age, or disability. In addition, the Contractor agrees to comply with applicable Federal implementing regulations and other implementing requirements FTA may issue. (2) Equal Employment Opportunity - The following equal employment opportunity requirements apply to the underlying contract: (a) Race, Color, Creed, National Origin, Sex - In accordance with Title VII of the Civil Rights Act, as amended, 42 U.S.C. § 2000c, and Federal transit laws at 49 U.S.C. § 5332, the Contractor agrees to comply with all applicable equal employment opportunity requirements of U.S. Department of Labor (U.S. DOL) regulations, "Office of Federal Contract Compliance Programs, Equal Employment Opportunity, Department of Labor," 41 C.F.R. Parts 60 et seq., (which implement Executive Order No. 11246, "Equal Employment Opportunity," as amended by Executive Order No. 11375, "Amending Executive Order 11246 Relating to Equal Employment Opportunity," 42 U.S.C. § 2000e note), and with any applicable Federal statutes, executive orders, regulations, and Federal policies that may in the fature affect construction activities undertaken in the course of the Project. The Contractor agrees to take affirmative action to ensure that applicants are employed, and that employees are treated during employment, without regard to their race, color, creed, national origin, sex, or age. Such action shall include, but not be limited to, the following: employment, upgrading, demotion or transfer, recruitment or recruitment advertising, layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. In addition, the Contractor agrees to comply with any implementing requirements FTA may issue. CFPTA Agenda Packet 01 /22/2015 23 (b) Age - In accordance with section 4 of the Age Discrimination in Employment Act of 1967, as amended, 29 U.S.C. § § 623 and Federal transit law at 49 U.S.C. § 5332, the Contractor agrees to refrain from discrimination against present and prospective employees for reason of age. In addition, the Contractor agrees to comply with any implementing requirements FTA may issue. (c) Disabilities - In accordance with section 102 of the Americans with Disabilities Act, as amended, 42 U.S.C. § 12101 el seq., the Contractor agrees that it will comply with the requirements of U.S. Equal Employment Opportunity Commission, "Regulations to Implement the Equal Employment Provisions of the Americans with Disabilities Act," 29 C.F.R. Part 1630, pertaining to employment of persons with disabilities. In addition, the Contractor agrees to comply with all applicable requirements of the following regulations and any subsequent amendments thereto: (1) U.S. DOT regulations "Transportation Services for Individuals with Disabilities (ADA)" 49 C.F.R. Part 37; (2) U.S. DOT regulations "Nondiscrimination on the Basis of Handicap in Programs and Activities Receiving or Benefiting from Federal Financial Assistance," 49 C.F.R. Part 27; (3) Joint U.S. Architectural and Transportation Barriers Compliance Board (U.S. ATBCB) U.S. DOT regulations, "Americans with Disabilities (ADA) Accessibility Specifications for Transportation Vehicles," 36 C.F.R. Part 1192 and 49 C.F.R. Part 38; (4) U.S. DOJ regulations "Nondiscrimination on the Basis of Disability in State and Local Government Services," 28 C.F.R. Part 35; (5) U.S. DOJ regulations "Nondiscrimination on the Basis of Disability by Public Accommodations and in Commercial Facilities." 28 C.F.R. Part 36; (6) U.S. GSA regulations "Accommodations for the Physically Handicapped," 41 C.F.R. Subpart 101 -19; (7) U.S. Equal Employment Opportunity Commission, "Regulations to Implement the Equal Employment Provisions of the Americans with Disabilities Act," 29 C.F.R. Part 1630; CFPTA Agenda Packet 01 /22/2015 24 (8) U.S. Federal Communications Commission regulations "Telecommunications Relay Services and Related Customer Premises Equipment for the Hearing and Speech Disabled," 49 C.F.R. Part 64, Subpart F; (9) U.S. Architectural and Transportation Barriers Compliance Board regulations, "Electronic and Information Technology Accessibility Standards." 36 C.F.R. Part 1194; (10) FTA regulations, "Trat1sp011ation of Elderly and Hat Idicapped Persons," 49 C.F.R. part 609; and (11) Any implementing requirement FTA may issue. (d) Access to Services for Persons with Limited English Proficiency. The Contractor agrees to comply with Executive Order No. 13166, "Improving Access to Services for Persons with Limited English Proficiency," 42 U.S.C. § 2000d -1 note, and U.S. DOT Notice, "DOT Guidance to Recipients on Special Language Services to Limited English Proficient (LEP) Beneficiaries," 66 Fed. Reg. 6733 et seq., January 22, 2001. (e) Environmental Justice. The Contractor agrees to comply with the policies of Executive Order No. 12898, "Federal Actions to Address Environmental Justice in Minority Populations and Low - Income PopuIations," 42 U.S.C. § 4321 note. (f) Other Nondiscrimination Statutes. The Contractor agrees to comply with all applicable requirements of any other nondiscrimination statute(s) that may apply to this Contract. (3) Subcontract - The Contractor also agrees to include these requirements in each subcontract financed in whole or in part with Federal assistance provided by FTA, modified only if necessary to identify the affected parties. 6 Disadvantaged Business Enterprises The Federal Fiscal Year goal has been set for the grantee of subgrantee in an attempt to match projected procurements with available qualified disadvantaged businesses. The goals for budgeted service contracts, bus parts, and other material and supplies for Disadvantaged Business Enterprises have been established as set forth by the Department of Transportation Regulations 49 C.F.R. Part 26, January 29, 1999, and authorized by: a) Titles I, III, V and VI of ISTEA, Pub. L. 102 -240, or CFPTA Agenda Packet 01 /22/2015 25 b) Federal transit laws in Title 49, U.S. Code, or c) Federal transit laws in Titles I, III, and V of the Transportation Equity Act for the 21 st Century (TEA -21), Pub. L. 105 -178, amended by Section 106(c) of the Surface Transportation Assistance Act of 1987, and is considered pertinent to any contract resulting from this request for proposal. If a specific DBE goal is assigned to this contract, it will be clearly stated in the Special Specifications, and if the contractor is found to have failed to exert sufficient, reasonable, and good faith efforts to involve DBE's in the work provided, (name of grantee) may declare the Contractor noncompliant and in breach of contract. If a goal is not stated in the Special Specifications, it will be understood that no specific goal is assigned to this contract. a) Polices It is the policy of the Department of Transportation and the Authority that Disadvantaged Business Enterprises, as defined in 49 CFR Part 26 shall have the maximum opportunity to participate in the performance of Contract financed in whole or in part with federal funds provided under this Agreement. Consequently, the DBE requirements of 49 CFR Part 26 apply to this Contract. The Contractor agrees to ensure that DBEs as defined in 49 CFR Part 26 have the maximum opportunity to participate in the whole or in part with federal funds provided under this Agreement. In this regard, the Contractor shall take all necessary and reasonable steps in accordance with the regulations to ensure that DBEs have the maximum opportunity to compete for and perform subcontracts. The Contractor shall not discriminate on the basis of race, color, national origin, religion, sex, age or physical handicap in the award and performance of subcontracts. The grantee or subgrantee shall promote the development and increase the participation of businesses owned and controlled by disadvantaged. DBE involvement in all phases of procurement activities is encouraged. b) DBE obligation - The Contractor and its subcontractors agree to ensure that disadvantaged businesses have the maximum opportunity to participate in the performance of contracts and subcontracts financed in whole or in part with federal funds provided under the Agreement. In that regard, all Contractors and subcontractors shall take all necessary and reasonable steps in accordance with 49 CFR Part 26 as amended, to ensure that minority business enterprises have the maximum opportunity to compete for and perform contracts. CFPTA Agenda Packet 01 /22/2015 26 c) Where the Contractor is found to have failed to exert sufficient reasonable and good faith efforts to involve DBE's in the work provided, the grantee or subgrantee may declare the contractor noncompliant and in breach of contract. d) The Contractor will keep records and documents for a reasonable time following performance of this contract to indicate compliance with grantee or subgrantee DBE program. These records and documents will be made available at reasonable times and places for inspection by any authorized representative of grantee or subgrantee and will be submitted to grantee or subgrantee upon request. e) The grantee or subgrantee will provide affirmative assistance as may be reasonable and necessary to assist the prime contractor in implementing their programs for DBE participation. The assistance may include the following upon request: - Identification of qualified DBE - Available listing of Minority Assistance Agencies - Holding bid conferences to emphasize requirements 7 Clean Air Act (1) The Contractor agrees to comply with all applicable standards, orders, or regulations issued pursuant to the Clean Air Act, as amended, 42 U.S.C. Sect. 7401 et seq. The Contractor agrees to report each violation to the Purchaser and understands and agrees that the Purchaser will, in turn, report each violation as required to assure notification to FTA and the appropriate EPA Regional Office. (2) The Contractor also agrees to include these requirements in each subcontract exceeding $100,000 financed in whole or in part with Federal Assistance provided by FTA. S Clean Water (1) The Contractor agrees to comply with all applicable standards, orders, or regulations issued pursuant to the Federal Water Pollution Control Act, as amended, 33 U.S.C. Sect. 1251 et seq. The Contractor agrees to report each violation as required to assure notification to FTA and the appropriate EPA Regional Office. (2) The Contractor also agrees to include these requirements in each subcontract exceeding $100,000 financed in whole or in part with Federal assistance provided by FTA. CFPTA Agenda Packet 01 /22/2015 27 9 Energy Conservation The Contractor agrees to comply with mandatory standards and policies relating to energy efficiency that are contained in the state energy conservation plans issued in compliance with the Energy Policy and Conservation Act, 42 U.S.C. Sect. 6321 et seq. 10 Debarment and Suspensions This contract is a covered transaction for purposes of 49 CFR Part 29. As such, the contractor is required to verify that none of the contractor, its principals, as defined at 49 CFR 29.995, or affiliates, as defined al 49 CFR 29.905, are excluded or disqualified as defined at 49 CFR 29.940 and 29.945. The contractor is required to comply with 49 CFR 29, Subpart C and must include the requirement to comply with 49 CFR 29, Subpart C in any lower tier covered transaction it enters into. By signing and submitting its bid or proposal, the bidder or proposer certifies as follows: The certification in this clause is a material representation of fact relied upon by the Authority. If it is later determined that the bidder or proposer knowingly rendered an erroneous certification, in addition to remedies available to the Authority, the Federal Government may pursue available remedies, including but not limited to suspension and/or debarment. The bidder or proposer agrees to comply with the requirements of 49 CFR 29, Subpart C while this offer is valid and throughout the period of any contract that may arise from this offer. The bidder or proposer further agrees to include a provision requiring such compliance in its lower tier covered transactions. Instructions for Certification: The requisite Debarment and Suspension Certification is included as ATTACHMENT B (attach additional statement if necessary) and must be executed for contracts of $25,000 or more and prior to the award of the contract 11 Termination or Cancellation of Contract The Owner (Grant Recipient) may terminate this contract, in whole or in part, at any time by written notice to the Contractor when it is in the Owner's or Government's best interest. The Contractor shall be paid its costs, including contract closeout casts, and profit on work performed up to the time of termination. The Contractor shall promptly submit its termination claim to the Owner to pay the Contractor. If the Contractor has any property in its possession belonging to the Owner, the Contractor will account for the same, and dispose of it in the manner the Owner directs. A 30 -day notice of termination shall be required. If the Contractor fails to pick up the commodities or to perform the services, including delivery services, within the time specified in this contract or any extension or if the Contractor fails to comply with any other provisions of this contract, the Authority may terminate this contract for default. The Authority shall terminate by delivering to the Contractor a Notice of Termination specifying the nature of default. The Contractor CFPTA Agenda Packet 01 /22/2015 28 will only be paid the contract price for services performed in accordance with the manner of performance set forth in this contract. If this contract is terminated while the Contractor has possession of Recipient goods, the Contractor shall, upon direction of the (Recipient), protect and preserve the goods until surrendered to the Recipient or its agent. The Contractor and (Recipient) shall agree on payment for the preservation and protection of goods. Failure to agree on an amount will be resolved under the Dispute clause. 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. 12 Breach of Contract If the Contractor fails to make delivery of the equipment, supplies, or services within the specified terms of the contract, or fails to perform within the provisions of the contract, the contract may be terminated by reason of default or breach. A written notice of default or breach of contract shall be presented to the Contractor within three (3) working days of such failure. The Contractor will only be paid the contract price for equipment, supplies, or services delivered and accepted in accordance with the requirements set forth in the contract. If it is determined that the Contractor had an excusable reason for not performing, such as a strike, fire, or flood, events which are not the fault of or are beyond the control of the Contractor, the Owner, after setting up a new delivery of performance schedule, may allow the Contractor to continue work, or treat the termination as a termination for convenience. The Owner in its sole discretion may, in the case of breach of contract, allow the Contractor a specified period of time in which to correct the defect. In such case, the notice of termination will state the time period in which the correction is permitted and other appropriate conditions. If Contractor fails to remedy to the Owner's satisfaction the breach or default or any of the terms, covenants, or conditions of this contract within twenty (20) days after written notice from the Owner setting forth the nature of said breach or default, the Owner shall have the right to terminate the Contract without any further obligation to Contractor. Any such termination for default shall not in any way operate to preclude the Owner from also pursuing all available remedies against Contractor and its sureties for said breach or default. 13 Resolution of Disputes Disputes - Disputes arising in the performance of this Contract which are not resolved by agreement of the parties shall be decided in writing by the authorized representative of the Owner. This decision shall be final and conclusive unless within ten (10) days CFPTA Agenda Packet 01 /22/2015 29 from the date of receipt of its copy, the Contractor mails or otherwise furnishes a written appeal to the authorized representative of the Owner. In connection with any such appeal, the Contractor shall be afforded an opportunity to be heard and to offer evidence in support of its position. The decision of the authorized representative of the Owner shall be binding upon the Contractor and the Contractor shall abide by the decision. Performance During Dispute - Unless otherwise directed by the Owner, the Contractor shall continue performance under this Contract while matters in dispute are being resolved. Claims for Damages - Should either party to the Contract suffer injury or damage to person or property because of any act or omission of the party or of any of his employees, agents or others for whose acts he is legally liable, a claim for damages therefore shall be made in writing to such other party within a reasonable time after the first observance of such injury of damage. Remedies - Unless this contract provides otherwise, all claims, counterclaims, disputes and other matters in question between the Owner and the Contractor arising out of or relating to this agreement or its breach will be decided by arbitration if the parties mutually agree, or in a court of competent jurisdiction within the State in which the Owner is located. Riphts and Remedies - The duties and obligations imposed by the Contract Documents and the rights and remedies available thereunder shall be in addition to and not a limitation of any duties, obligations, rights and remedies otherwise imposed or available by law. No action or failure to act by the Owner, Architect or Contractor shall constitute a waiver of any right or duty afforded any of them under the Contract, nor shall any such action or failure to act constitute an approval of or acquiescence in any breach thereunder, except as may be specifically agreed in writing. 14 Protest Procedures To ensure that protests are received and processed effectively the Purchaser shall provide written bid protest procedures upon request. In all instances information regarding the protest shall be disclosed to the N.C. Department of Transportation (NCDoT). All protest requests and decisions must be in writing. A protester must exhaust all administrative remedies with the Purchaser before pursuing remedies through the NCDoT. Reviews of protests by the NCDoT will be limited to the Purchaser's failure to have or follow its protest procedures, or its failure to review a complaint or protest. An appeal to the NCDoT must be received by the Department within three (3) working days of the date the protester knew or should have known of the violation. An appeal to FTA must be received by the cognizant FTA regional or Headquarters Office within five (5) working days of the date the protester knew or should have known of the violation. Violations of Federal law or regulation will be CFPTA Agenda Packet 01 /22/2015 30 handled by the complaint process stated within that law or regulation. Violations of State or local law or regulations will be under the jurisdiction of State or local authorities. 15 No Federal Government Obli ations to Third Parties The Purchaser and Contractor acknowledge and agree that, notwithstanding any concurrence by the Federal Government in or approval of the solicitation or award of the underlying contract, absent the express written consent by the Federal Government, the Federal Government is not a party to this contract and shall not be subject to any obligations or liabilities to the Purchaser, Contractor, or any other party (whether or not a party to that contract) pertaining to any matter resulting from the underlying contract. The Contractor agrees to include the above clause in each subcontract financed in whole or in part with Federal assistance provided by FTA. It is further agreed that the clause shall not be modified, except to identify the subcontractor who will be subject to its provisions. 16 False or Fraudulent Statements and Claims (1) The Contractor acknowledges that the provisions of the Program Fraud Civil Remedies Act of 1986, as amended, 31 U.S.C. § 3801 et seq. and U.S. DOT regulations, "Program Fraud Civil Remedies," 49 C.F.R. Part 31, apply to its actions pertaining to this Project. Upon execution of the underlying contract, the Contractor certifies or affirms the truthfulness and accuracy of any statement it has made, it makes, it may make, or causes to be made, pertaining to the underlying contract or the FTA assisted project for which this contract work is being performed. In addition to other penalties that may be applicable, the Contractor further acknowledges that if it makes, or causes to be made, a false, fictitious, or fraudulent claim, statement, submission, or certification, the Federal Government reserves the right to impose the penalties of the Program Fraud Civil Remedies Act of 1986 on the Contractor to the extent the Federal Government deems appropriate. (2) The Contractor also acknowledges that if it makes, or causes to be made, a false, fictitious, or fraudulent claim, statement, submission, certification, or agreement with or to the Federal Government involving a project authorized by 49 U.S.C. Chapter 53 or any other Federal statute, the Federal Government reserves the right to impose on the Contractor the penalties of 18 U. S.C. Section 1001 or other applicable Federal statute to the extent the Federal Government deems appropriate. (3) The Contractor agrees to include the above two clauses in each subcontract financed in whole or in part with Federal assistance provided by FTA. It is further agreed that the CFPTA Agenda Packet 01 /22/2015 31 clauses shall not be modified, except to identify the subcontractor who will be subject to the provisions. 17 Access to Records and Reports The following access to records requirements apply to this Contract: 1. Where the Purchaser is not a State but a local government and is the FTA Recipient or a subgrantee of the FTA Recipient in accordance with 49 C. F. R. 18.36(i), the Contractor agrees to provide the Purchaser, the FTA Administrator, the Comptroller General of the Unites States or any of their authorized representatives access to any books, documents, papers and records of the Contractor which are directly pertinent to this contract for the purposes of making audits; examinations, excerpts and transcriptions. The Contractor also agrees, pursuant to 49 C. F. R. 633.17 to provide the FTA Administrator or his authorized representatives including any PMO Contractor access to Contractor's records and construction sites pertaining to a major capital project, defined at 49 U.S.C. 5302(a)l, which is receiving federal financial assistance through the programs described at 49 U.S.C. 5307, 5309 or 5311. 2. Where the Purchaser is a State and is the FTA Recipient or a subgrantee of the FTA Recipient in accordance with 49 C.F.R. 633.17, Contractor agrees to provide the Purchaser, the FTA Administrator or his authorized representatives, including any PMO Contractor, access to the Contractor's records and construction sites pertaining to a major capital project, defined at 49 U.S. 5302(a)l, which is receiving federal financial assistance through the programs described at 49 U.S.C. 5307, 5309 or 5311. By definition, a major capital project excludes contracts of less than the simplified acquisition threshoId currently set at $100,000. 3. Where the Purchaser enters into a negotiated contract for other than a small purchase or under the simplified acquisition threshold and is an institution of higher education, a hospital or other non -profit organization and is the FTA Recipient or a subgrantee of the FTA Recipient in accordance with 49 C.F.R. 19.48, Contractor agrees to provide the Purchaser, FTA Administrator, the Comptroller General of the Unites States or any of their duly authorized representatives with access to any books, documents, papers and record of the Contractor which are directly pertinent to this contract for the purposes of making audits, examinations, excerpts and transcriptions. 4. Where any Purchaser which is the FTA Recipient or a subgrantec of the FTA Recipient in accordance with 49 U.S.C. 5325(a) enters into a contract for a capital project or improvement (defined at 49 U.S.C. 5302(a)l) through other than competitive bidding, the Contractor shall make available records related to the contract to the Purchaser, the Secretary of Transportation and the Comptroller General or any CFPTA Agenda Packet 01 /22/2015 32 authorized officer or employee of any of them for the purposes of conducting an audit and inspection. 5. The Contractor agrees to permit any of the foregoing parties to reproduce by any means whatsoever or to copy excerpts and transcriptions as reasonably needed. 6. The Contractor agrees to maintain all books, records, accounts and reports required under this contract for a period of not less than three years after the date of termination or expiration of this contract, except in the event of litigation or settlement of claims arising from the performance of this contract, in which case Contractor agrees to maintain same until the Purchaser, the FTA Administrator, the Comptroller General, or any of their duly authorized representatives, have disposed of all such litigation, appeals, claims or exceptions related thereto. Reference 49 CFR 18.39(i)(11). 7. FTA does not require the inclusion of these requirements in subcontracts. 18 State and Local Disclaimer The Owner does not warrant or make any representation as to the accuracy or completeness of the information, text, graphics, links and other items contained in this document or on this server or any other server. Such materials have been compiled from a variety of sources and are subject to change without notice from the State and FTA. 19 Incorporation of Federal Transit Administration (FTA) Terms The preceding provisions include, inpart, certain Standard Terms and Conditions required by DOT, whether or not expressly set forth in the preceding contract provisions. All contractual provisions required by DOT, as set forth in FTA Circular 4220.1E, dated June 19, 2003, and any subsequent amendments or revisions thereto, are hereby incorporated by reference. Anything to the contrary herein notwithstanding, all FTA mandated terms shall be deemed to control in the event of a conflict with other provisions contained in this Agreement. The Contractor shall not perform any act, fail to perform any act, or refuse to comply with any of the Purchaser's requests, which would cause the Purchaser to be in violation of the FTA terms and conditions. 20 Hold Harmless Except as prohibited or otherwise limited by State law, the Contractor agrees to indemnify, save, and hold harmless the Purchaser /Owner of this Purchase Contract and its officers, agents, and employees acting within the scope of their official duties against any liability, including all claims, losses, costs and expenses accruing or resulting to any other person, firm, or corporation furnishing or supplying work, CFPTA Agenda Packet 01 /22/2015 33 services, materials, or supplies in connection with the performance of this contract, and from any and all claims and losses accruing or resulting to any person, firm, or corporation that may be injured or damaged by the contractor or subcontractor in the performance of this contract and that are attributable to the negligence or intentionally tortuous acts of the contractor. The Contractor represents and warrants that it shall make no claim of any kind or nature against the Purchaser or its agents who are involved in the delivery or processing of contractor goods to the Purchaser. The representation and warranty in the preceding sentence shall survive the termination or expiration of this contract. 21 Environmental Protection The Contractor agrees to comply with all applicable requirements of the National Environmental Policy Act of 1969, as amended 42 U.S.C. subsection 4321 et seq. in accordance with Executive Order No. 12898, "Federal Actions to Address Environmental Justice in Minority Populations and Low- Income Populations," 59 Fed. Reg. 7629, Feb. 16, 1994, FTA statutory requirements on environmental matters at 49 U.S.C. section 5324(b); Council on Environmental Quality regulations on compliance with the National Environmental Policy Act of 1969, as amended, 40 C.F.R. Part 1500 et seq. and joint FHWA FTA regulations, "environmental Impact and Related procedures," 23 C.F.R. Part 771 and 49 C.F.R. Part 622; and when promulgated, FFCW A/FTA joint regulations, "NEPA and Related Procedures for Transportation Decision making, Protection of Public Parks, Wildlife and Waterfowl Refuges, and Historic Sites," 23 C.F.R. Part 1420 and 49 C.F.R. Part 623. 22 Seat Belt Usage Pursuant to Executive Order No. 13043, April 16, 1997, 23 U.S. C. § 402, the Contractor is encouraged to adopt on the job seat belt use policies and programs for its employees when operating company owned, rented, or personally- operated vehicles ail d include this provision in any third party subcontracts entered into under this project. 23 Americans With Disabilities Act (ADA) Access The Contractor shall comply with all applicable requirements of the Americans with Disabilities Act of 1990 (ADA), as amended, 42 U.S.C. Subsection 12101 et sea.; Section 504 of the Rehabilitation Act of 1973, as amended; 29 U. S.C. Section 794; 49 U.S.C. Section 5301(d); and the following Federal regulations including any amendments thereto: U.S. DOT regulations "Transportation Services for Individuals with Disabilities (ADA)" 49 C.F.R. Part 37; U.S. DOT regulations "Nondiscrimination on the Basis of Handicap in Programs and Activities Receiving or Benefiting from Federal Financial CFPTA Agenda Packet 01 /22/2015 34 Assistance," 49 C.F.R. Part 27; Joint U.S. Architectural and Transportation Barriers Compliance Board/ U.S. DOT regulations, "Americans with Disabilities (ADA) Accessibility Specifications for Transportation Vehicles," 36 C.F.R. Part 1192 and 49 C.F. R. Part 38; U.S. DOJ regulations "Nondiscrimination on the Basis of Disability in State and Local Government Services, "28 C.F.R. Part 35; U.S. DOJ regulations "Nondiscrimination on the Basis of Disability by Public Accommodations mid in Commercial Facilities." 28 C.F.R. Part 36; U.S. GSA regulations "Accommodations for the Physically Handicapped," 41 C.F.R. Subpart 101- 19; U.S. Equal Employment Opportunity Commission, "Regulations to Implement the Equal Employment Provisions of the Americans with Disabilities Act," 29 C.F.R. Part 1630; U.S. Federal Communications Commission regulations "Telecommunications Relay Services and Related Customer Premises Equipment for the Hearing and Speech Disabled," 49 C.F.R. Part 64, Subpart F; FTA regulations, "Transportation of Elderly and Handicapped Persons," 49 C.F.R. part 609; Architectural and Transportation Barriers Compliance Board regulations, 'Electronic and Information Technology Accessibility Standards." 36 C.F.R. Part 1194; and Any implementing requirement FTA may issue. 24 Privacy To the extent that the Contractor, or its subcontractors, if any, or any to their respective employees administer any system of records on behalf of the Federal Government, Contractor agrees to comply with, and assure the compliance of its subcontractors, if any, with the information restrictions and other applicable requirements of the Privacy Act of 1974, as amended, 5 U.S.C. Sect. 552, (the Privacy Act). The Contractor shall obtain the express consent of the Department and the Federal Government before the Contractor, and any subcontractors, or any of their respective employees operate a system of records on behalf of the Federal Government. Failure to do so may result in termination of the Contract and civil and criminal penalties for violation of the Privacy Act. 25 Patent Rights The Procuring Agency shall advise the Contractor of any impending patent suit related to this Contract against the Procuring Agency and provide all information available. The Contractor shall defend any suit or proceeding brought against the Procuring Agency based on a claim that any equipment, or any part thereof, furnished under this Contract constitutes an infringement of any patent, and the Contractor shall pay all damages and costs awarded therein, excluding incidental and consequential damages, CFPTA Agenda Packet 01 /22/2015 35 against the Procuring Agency. In case said equipment, or any part thereof, is in such suit held to constitute infringement and use of said equipment or parts is enjoined, the Contractor shall, at its own expense and at its option, either procure for the Procuring Agency the right to continue using said equipment or pant, or replace same with noninfringing equipment, or modify it so it becomes noninfringing. CFPTA Agenda Packet 01 /22/2015 36 ATTACHt1IENTA LOBBYING CERTIFICATION CERTIFICATION REGARDING LOBBYING (To be submitted with each bid or offer exceeding $100,000) The undersigned Craige & Fox, PUC (Contractor) certifies, to the best of its knowledge and belief, that: 1. No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any persons for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding to any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement. 2. If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a member of Congress in connection with this Federal contract, grant loan, or cooperative agreement, the undersigned shall complete and submit Standard Form -LLL, "Disclosure Form to Report Lobbying ", in accordance with its instructions [as amended by "Government wide Guidance for New Restrictions on Lobbying," 61 Fed, Reg. 1413 (1/19/96). Note: language in paragraph (2) herein has been modified in accordance with Section 10 of the Lobbying Disclosure Act of 1995 (P.L. 104-65, to be codified at 2 U.S.G. 1601, et seq.)] 3. The undersigned shall require that the language of this certification be included in the award documents for all sub awards at all tiers (including subcontracts, sub grants, and contracts under grants, loans, and cooperative agreements) and that all sub recipient shall certify and disclose accordingly. This certification is a material representation of fact upon which reliance is placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transactions imposed by 31, U.S.C. 1352 (as amended by the Lobbying Disclosure Act of 1995). Any person who fails to file the required certification shall be subject to a civil penalty of not Iess than $10,000 and not more than $100,000 for each such failure: [Note: Pursuant to 31 U.S.C. 1352(e)(1)- (2)(A), any person who makes a prohibited expenditure or fails to file or amend a required certification or disclosure form shall be subject to a civil penalty of not less than $10,000 for each such expenditure or failure.] The Contractor, Craige & Fox, PLLC, certifies or affirms the truthfulness and accuracy of each statement of its certification and disclosure, if any. In addition, the Contractor understands and agrees that the provisions of 31 U.S.C. Section A 3801 et seq., apply to this certification and disclosure, if any. [SIGNATURE ON FOLLOWING PAGE] CFPTA Agenda Packet 01 /22/2015 37 CRAIGE & FOX, PLLC By: Charlotte Noel Fox CRAIGE & FOX, PLLC Charlotte Noel Fox, Partner Notary Pu i My Appointment Expires (}�� Subscribed and sworn to before me this N day of January, 2015, in the State of North Carolina and the County of New Hanover PENn S WME'Y'ER Notary Pubic, North CaroCtna New Hanover Coutdy CFPTA Agenda Packet 01 /22/2015 38 ATTACHMENT B Certification of Eligibility (Debarment and Suspension Certification) Craige & Fox, PLLC hereby certifies that it is not included on the United States Comptroller General's "List of persons or forms currently debarred for violations of various public contract incorporating labor standards provisions ". CRAIGE & FOX, PLLC By: 44k r Noel Fox Title: Attorney Date: H L1,15 CFPTA Agenda Packet 01 /22/2015 39 Monthly Passenger %mmary December 2014 Total Passengers 180,000 Seahawk 9iuttle 70,000 160,000 60,000 50,000 140,000 80,000 4,000 40,000 120,000 m 60,000 3,000 a 30,000 100,000 a 40,000 20,000 a 80,000 20,000 10,000 - n 60,000 0 0 0 40,000 Jul Aug Jul Aug Sep 20,000 Nov Dec 90,758 02013/2014 823 20,429 50,433 52,335 43,220 15,373 88,831 0 453 22,163 58,235 53,204 41,974 15,037 Change - 44.96% 8.49% 15.47% 1.66% -2.88% Jul Aug Sep Oct Nov Dec 02013/2014 96,540 124,927 153,473 159,527 138,395 110,281 02014/2015 94,390 128,378 164,496 168,394 133,924 112,258 Change -2.23% 2.76% 7.18% 5.56% -3.23% 1.79% Fixed Route 120,000 Seahawk 9iuttle 70,000 100,000 60,000 50,000 80,000 4,000 40,000 m 60,000 3,000 a 30,000 a 40,000 20,000 20,000 10,000 - n 0 0 0 Jul Aug Jul Aug Sep Oct Nov Dec 90,758 02013/2014 823 20,429 50,433 52,335 43,220 15,373 88,831 02014/2015 453 22,163 58,235 53,204 41,974 15,037 Change - 44.96% 8.49% 15.47% 1.66% -2.88% -2.19% 0.18% 6.36 Fixed Route 120,000 100,000 80,000 4,000 m 60,000 3,000 a 40,000 2,000 20,000 1,000 0 0 Jul Aug Sep Oct Nov Dec Jul ®2013/2014 90,758 99,478 98,451 101,711 90,799 90,695 5,020 02014/2015 88,831 101,346 101,217 109,968 87,566 92,740 5,044 Change -2.12% 1.88% 2.81% 8.12% -3.56% 2.25% -4.73% 0.18% 6.36 Paratranst 6,000 5,000 4,000 3,000 2,000 1,000 0 Jul Aug Sep Oct Nov Dec ®2013/2014 9 5,020 4,589 5,481 4,376 4,213 02014/2015 6 �296% 4,869 5,044 5,222 4,384 4,481 Change -3.01 % 9.92% -4.73% 0.18% 6.36 CFPTA Agenda Packet 01 /22/2015 40 Passengers by Route December 2014 Fixed Route No. Name Passengers Transfers 101 Princess Place 17,460 2,434 103 Oleander East 6,483 1,141 104 Northeast 5,391 890 105 Medical Center 6,896 960 106 Shipyard Blvd 5,555 750 107 College Road 2,458 326 108 Market Street 5,803 932 201 Carolina Beach Road 10,519 1,234 202 Monkey Junction 6,663 771 203 Trolley 3,724 204 Brunswick Connector 2,192 249 205 Longleaf Park 7,737 926 207 North 2,999 383 209 Ondepenclence 8,106 850 301 Pleasure Island 754 TOTAL 92,740 11,846 UNCW 701 Blue 1,304 712 Teal 1,490 702 Green 1,368 703 Red 1,505 704 Yellow 1,126 711 Yellow Express 2,938 705 Loop 598 706 Point to Point N/A 707 Red Express 3,854 709 Loop Express 854 UNCW Total 15,037 Para- Transit Services ADA Passengers 1,347 Non -ADA Passengers 3,134 Para - Transit Total 4,481 TOTAL PASSENGERS 112,258 CFPTA Agenda Packet 01 /22/2015 41 FIXED ROUTE M ()MTHLY Fiscal Year to Date Rdership Statistics Current This M oath Last Year %Change Current Prior %Change Total Bus Passenger Trips 89,016 87,101 2.200/c 553,614 543,968 1.77% Total Trolley Passenger Trips 3,724 3,594 3.620/c 28,054 27,924 0.47% Total U NOW Passenger Trips 15,037 15,373 -2.190/c 191,066 182,613 4.63% Total Fixed RDUe Passenger Trips 107,777 106,068 1.6101 772,734 754,505 2.42% Average Weekday Passenger Trips 4,328 4,224 2.46% Average Saturday Passenger Trips 2,1071 2,092 1 0.72% Average SAnday Passenger Trips 1,084 1 9831 10.27% Operating Statistics- Fixed Lute Total Revenue Miles 98,311 96,603 1.77% 617,654 616,997 0.11% Total Revenue Hours 6,799 6,736 0.94% 43,665 43,729 -0.15% Accidents Non Preventable 2 0 200.00% 13 10 30.00% Accidents Preventable 1 0 100.00% 10 7 42.86% Passenger Tri psi Revenue M ile 1.10 1.10 -0.15% 1.25 1.22 2.31% Passenger Tri psi Revenue Hour 15.85 15.75 0.66% 17.70 17.25 2.57% Operator Overtime 0.03%1 2.97%1 -99.15% 1 1 Farebox Revenue and Pass Sales $ 84,160 $ 78,260 7.54% $587,840 $506,2231 16.12% Average Fare per Bus Passenger $ 0.91 1$ 0.861 5.17% $1.4- $0.891 14.17% PARATRANST M CINTHLY Fiscal Year to Date Rdership Statistics Current This M orth Last Year %Change Current Prior %Change Total ADA Passenger Trips 1,347 1,249 7.85% 8,385 8,023 4.51% Total Non ADA Passenger Trips 3,134 2,964 5.740/c 20,721 20,615 0.51% Total Parat ransit Passenger Trips 4,481 4,213 6.3601 29,106 28,638 1.63% Average Weekday Passenger Trips 194 193 0.520/c Average Saturday Passenger Trips 41 35 17.140/c, Average SAnday Passenger Trips 10 61 66.670/4 1 1 Operating Statistics- Paratransit Total Revenue Miles 30,711 33,097 -7.21% 214,996 191,116 12.50% Total Revenue Hours 1,614 1,802 -10.43% 11,213 10,314 8.72% Accidents Non Preventable 2 0 200.00% 2 2 0.00% Accidents Preventable 0 3 -300.00% 4 6 -33.33% Passenger Trips/ Revenue M ile 0.15 0.13 14.62% 0.14 0.15 -9.65% Passenger Tri psi Revenue Hour 2.78 2.34 18.75% 2.60 2.78 -6.51% Operator Overtime 1.28% 3.60%1 -64.440/ 1 1 1 WavePbol Passengers 262 189 38.62% 1,818 1,383 31.45% Revenue Miles 5,896 4,128 42.83% 38,101 28,421 34.06% Revenue Hours 104 76 36.84% 688 505 36.24% pedal Services Greyhound Ticket Revenue $5,8961 $5,1561 14.350/� $17,9021 $17,4601 2.53% Amtrak Passengers On and Off 2651 1961 35.201 1,3281 10561 25.76% Horizon $1,0981 N/A I N/A 1 $5,7961 N/A I N/A CFPTA Agenda Packet 01 /22/2015 42 The Cape Fear Public Transportation Authority Bus Stop Enhancement Plan (2015 -2020) January 2015 CFPTA Agenda Packet 01 /22/2015 43 01- _ =r 4.2 Addition of New Amenities .................................................................................. ............................... 8 A. 8ielters .......................................................................................................... ............................... 8 B. Benches ........................................................................................................... ..............................8 SECTION 5: FUNDING OPPORTUNITIES FOR BUS STOP AMENITIES ........ ..............................9 SECTION 6: SPONSORSHIP PROGRAMS ............................................................ ..............................9 6.1 Adopt -a-Stop Program ......................................................................................... ............................... 9 6.2 Adopt -an- Amenity Program ................................................................................. ............................... 9 SECTION 7: MAINTENANCE ................................................................................... .............................10 7.1 Preventive Maintenance of Amenities ................................................................ .............................10 7.2 Maintenance of Amenities ................................................................................... .............................10 APPENDIX A: CURRENT INVENTORY OF BUS STOP AMENITIES ............... .............................12 APPENDIX B: HIGH PRIORITY BUS STOP LOCATIONS FOR AMENITIES .. .............................15 Rev. (000 -002) Bus aop Enhancement Plan Page 2 CFPTA Agenda Packet 01 /22/2015 44 SECTION 1: INTRODUCTION, PURPOSE AND BACKGROUND f► � .,_ .. _ _! The Cape Fear Public Transportation Authority, (d.b.a. Wave Transit) seeks to continually create a better public transportation system. This vision can be achieved through the enhancement of bus stops through the replacement and installation of amenities including: bus shelters, trash receptacle, benches, lighting and signage. The enhancement of bus stops will provide a cleaner, safer, more secure and more pleasant experience for current customers and potentially attract choice riders, users who have access to alternative modes of transportation to get to their destination but prefer to use transit. Perceptions of safety and security, as well as actual conditions, enter into a customer's decision for mode choice. Clean and well- maintained transit stops improve security and have a positive impact on the general public's perception of Wave Transit. Illumination levels from the lighting in shelters and at bus stops can act as a deterrent from criminal activities, providing increased safety and security to customers as they wait for the bus. Enhanced bus stops reinforce to the public Wave Transit's desire to take transit a viable mode of transportation that is comfortable and of high quality. It is the objective of Wave Transit to provide the safest, most secure, cleanest and most convenient service possible. This objective can be achieved through the enhancement of bus stops as outlined in this plan. Although the Authority would like to provide amenities at each bus stop location within the system, financial implications regarding capital and on -going maintenance costs does not make this feasible. Amenities will only be provided within fiscal constraints. ❑yb 0 p< -oQt. For the purpose of this document, an amenity is defined as "elements provided at a transit stop to enhance comfort, convenience, safety and security ". Amenities include such items as: shelters, benches, trash receptacle, lighting and signage. The purpose of this document is to outline existing amenities and identify high priority bus stop locations for the installation of amenities within the Wave Transit service area, which includes New Hanover County, the City of Wilmington, Northern Brunswick County and Pleasure Island /Carolina Beach. Outlined in this plan is a timeline for the replacement and installation of existing and new amenities within the Wave Transit system. As the community demand for enhanced quality and quantity of bus stop amenities continues to increase, the need for a plan as how best to meet the demand is essential. ESr] " O Lam- 99�pAl§ In 2011, Wave Transit contracted Nelson Nygaard Consulting Associates and Hayes Planning to assist in developing a Short Range Transit Plan (SRTP). In July 2012, a final report of the SRTP was released. The SRTP provides a final recommended plan for future service over the next five years. Chapter 13 of the SRTP outlines strategies for strengthening transit and reveals "Waiting for a bus is a significant part or nearly every bus rider's transit experience, and if bus stops provide a comfortable waiting Rev. (000 -002) Bus Sop Enhancement Plan Page 3 CFPTA Agenda Packet 01 /22/2015 45 environment, people travelling to and from that area will be more likely to use transit. Conversely, if bus stops do not provide a comfortable environment, people will be less likely to use transit" (p. 81). Wave Transit would like to provide customers with upgraded amenities to ensure their experience utilizing transit is satisfactory. An increase in the quality of amenities as well as the quantity of amenities within the Wave Transit system will help to attract more choice riders, as defined in Section 1.1 of this document, to the system and ensure current customers have a satisfactory experience utilizing public transportation. The upgrade and addition of amenities throughout the service area is identified as a strategy to strengthen ridership as it aids in the comfort and security of all customers. This plan aims to capture and implement the above noted strategies as identified in the SRTP. SECTION 2: BUS STOP AMENITIES ❑yb #p «• AN)AD• err A current inventory of amenities in the Wave Transit network is outlined below: I k"-* <> • There are currently 437 independent bus stop locations within the Wave Transit system. • Wave Transit has a total of 21 shelters in the existing service network. Shelters contain a trash receptacle, bench and solar lighting. • The total percentage of shelters within the Wave Transit system is 4.8 %. IIV'•AE®> • Wave Transit has a total of 24 independent benches, or benches not associated with a shelter, in the existing service network. • The percentage of shelters in the existing service network is 5.5 %. #y4 <0 ?® 2 • £• -W g'• > • Wave Transit has a total of 45 trash receptacles in the existing service network. • With 437 bus stop locations in the entire system, the percentage of trash receptacles in the transportation network is 10.3 %. A breakdown of the amenities found on each route is outlined in the table below: Please note: the table is organized by ridership per route with the highest ridership route indicated first. Rev. (000 -002) Bus Sop Enhancement Plan Page 4 CFPTA Agenda Packet 01 /22/2015 46 Table 2.1: Current Inventory of Bus Stop Amenities Route Number Total Ridership (with transfers) FY2014 Total Number of Shelters on Route Percentage of Shelters on Route Total Number of Independent Benches on Route Percentage of Independent Benches on Route Total Percentage of Amenities on Route 101 201,795 4 8.7% 4 8.7% 17.4% 201 111,033 2 5.0% 5 12.5% 17.5% 205 94,740 3 6.1% 4 10.3% 16.4% 209 91,173 3 7.7% 4 10.3% 18.0% 105 85,466 2 4.5% 6 13.6% 18.1% 202 84,133 4 9.0% 1 2.3% 11.3% 103 76,303 1 2.0% 0 0.0% 2.0% 106 74,531 4 11.1% 5 12.8% 23.9% 108 68,108 2 6.1% 7 21.2% 27.3% 104 64,825 1 2.4% 0 0.0% 2.4% 203 58,652 1 11.0% 0 0.0% 11.0% 207 44,009 1 4.7% 0 0.0% 4.7% 204 26,626 0 0.0% 1 3.8% 3.8% 107 24,158 0 0.0% 0 0.0% 0.0% 301 10,796 0 0.0% 0 0.0% 0.0% *Please note: Table does not reflect amenities located at major transfer stations. Independent benches are benches not associated with a shelter. A comprehensive list of current Wave Transit amenities is outlined in Appendix A of this document. The appropriate revisions to this list will be made as amenities are added or removed from the system network. All shelter amenities and trash receptacles have reached the end of their useful life cycle and are slated for replacement. When funding permits, amenities will be replaced as they are damaged beyond repair or reach the end of their useful life. Rev. (000 -002) Bus Sop Enhancement Plan Page 5 CFPTA Agenda Packet 01 /22/2015 47 SECTION 3: TRANSIT AMENITY STANDARDS As indicated in Section 1.3 of this plan, it is the objective of Wave Transit to provide customers with a safe and comfortable waiting experience at all stops within the system. Additionally, enhancements at bus stops will be taken into consideration by choice riders when deciding which mode of transportation to utilize. It is not practical or economical to provide amenities at all bus stops within the system. Low density and low ridership do not warrant amenities to be placed at every bus stop location within the service network. Due to physical limitations at the bus stop site, certain bus stop locations can only accommodate a certain amenity type or not at all. Due to financial implications associated with capital and ongoing maintenance costs, it is not feasible for an amenity to be installed at every bus stop location within the system. Additionally, maintenance standards set forth by the Federal Transit Administration (FTA) could not be adhered to if the system was overinflated with amenities. Bus stops located along major thoroughfares or in dense areas, traditionally have the highest ridership and warrant the need for amenities above and beyond a bench and trash receptacle. Other bus stop locations in less dense areas with lower volume ridership only warrant basic amenities such as a trash receptacle and /or bench. This plan takes a systematic approach by developing a hierarchy of stops based upon ridership. All fixed route bus stop locations within the Wave Transit system will be classified into three different categories. Each category will be defined to include the type of amenity it can accommodate. The hierarchical structure is outlined in Figure 3 below: Rev. (000 -002) Bus Sop Enhancement Plan Page 6 CFPTA Agenda Packet 01 /22/2015 48 Figure 3.1: Bus Stop Hierarchy and Amenities The above mentioned table will serve as a guide for staff when identifying bus stop locations for installation of amenities. In addition to the criteria in the hierarchal structure indicated above, area demographics and ridership demographics, along with area geography, will be taken into consideration when selecting bus stop locations for amenity installs. If a bus stop is classified as a Tier 1 (Basic Stop), but serves a high percentage of elderly individuals or individuals with disabilities, the stop may be eligible for the amenities indicated in the Tier 2 (Major Stops) category. Staff will collect the appropriate quantitative and qualitative data when identifying bus stop locations for amenity installs. Bus stop locations identified for installs and amenity installs will be compliant with ADA regulations. Sidewalks, curb cuts, and landscaping could be included at bus stop locations and amenities where applicable and if /when funding for capital and ongoing maintenance permits. Rev. (000 -002) Bus Sop Enhancement Plan Page 7 CFPTA Agenda Packet 01 /22/2015 49 Criteria Q Classification Average aP 'n a Q Q L c Weekday a�i a c Boarding's CL ° L c i� 0 }, fn � m 0 +r t . 7 t C M O E O Y . > M V) L m a Q CM J Tier 1 At least 50 X X X X X X X (Basic Stops) Tier 2 >50 X X X X X X X X ? (Major Stops) Tier 3 Major X X X X X X X X X X (Regional Transfer Stations) The above mentioned table will serve as a guide for staff when identifying bus stop locations for installation of amenities. In addition to the criteria in the hierarchal structure indicated above, area demographics and ridership demographics, along with area geography, will be taken into consideration when selecting bus stop locations for amenity installs. If a bus stop is classified as a Tier 1 (Basic Stop), but serves a high percentage of elderly individuals or individuals with disabilities, the stop may be eligible for the amenities indicated in the Tier 2 (Major Stops) category. Staff will collect the appropriate quantitative and qualitative data when identifying bus stop locations for amenity installs. Bus stop locations identified for installs and amenity installs will be compliant with ADA regulations. Sidewalks, curb cuts, and landscaping could be included at bus stop locations and amenities where applicable and if /when funding for capital and ongoing maintenance permits. Rev. (000 -002) Bus Sop Enhancement Plan Page 7 CFPTA Agenda Packet 01 /22/2015 49 SECTION 4: INSTALLATION SCHEDULE ❑yb 2 • -d'° & # - ANOR01 ! # • M@> /_wlc)� As indicated in Section 2.1 (A) of this document, the current Wave Transit system contains a total of 20 shelters. Each shelter will receive a rating based on its current condition. As funding permits, shelters in the poorest condition and located along major thoroughfares will be slated for replacement within a one year time period. The remaining shelters in the system will be replaced over a two year time period in accordance to the condition rating assigned by staff. The accompanying trash receptacle(s) will be replaced with each shelter replacement. B. "•AEO >_ As indicated in Section 2.1 of this document, the Wave Transit system currently contains 24 independent benches. Each bench will be assessed by staff and receive a rating based on its current condition. As funding permits, benches in the poorest condition will be slated for replacement within a one year time period. The remaining benches in the system will be replaced over a two year time period in accordance to the condition rating assigned by staff. The accompanying trash receptacle will be replaced with each bench replacement. A 3®'* o Wave Transit will work toward increasing the number of shelters within the system by five (5) per year over the next five (5) years for a total of 25 shelters over the indicated time frame. If the number of bus stops remains constant over the five year time frame, the total number of shelters within the Wave Transit system would increase to 10.5% by the year 2020. It is understood that funding constraints could impact the feasibility of this timeline. This timeline will be followed so long as funding for capital and on- going maintenance is available. A list and map of high priority bus stop locations for shelter installations can be found in Appendix B of this document. Shelter amenities will be added in accordance to the criteria as identified in Section 3 of this document. B. "•AEO >_ Wave Transit will work toward increasing the number of independent benches within the system by five (5) per year over the next five (5) years for a total of 25 new independent benches over the indicated time frame. If the number of bus stops remains constant over the five year time frame, the total number of independent benches within the Wave Transit system would increase to 11 % by the year 2020. It is understood that funding constraints could impact the ................ . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Rev. (000 -002) Bus Sop Enhancement Plan Page 8 CFPTA Agenda Packet 01 /22/2015 50 feasibility of this timeline. This timeline will be adhered to so long as funding is available. Independent bench amenities will be added in accordance to Section 3 of this document. SECTION 5: FUNDING OPPORTUNITIES FOR BUS STOP AMENITIES Wave Transit staff will actively pursue local, state and federal grant opportunities to fund the replacement and addition of amenities in accordance to the established timeline outlined in the previous section. Grant opportunities include, but are not are no limited to, the following: § 5307, § 5310, STP -DA, TAP -DA and § 5339. High priority bus stop locations will be identified, when applicable, in the applications for above mentioned grants. Amenities will be installed according to the Bus Stop Hierarchy and Amenities identified in Section 3 of this document. SECTION 6: SPONSORSHIP PROGRAMS 6.1 ! § "0 -3 0:50L<0 0 Wave Transit's Adopt -A -Stop program relies upon community partnerships to help maintain bus stops throughout the Wave Transit system. Through the Adopt -a -Stop program, Wave Transit helps ensure that our community remains a beautiful place to live and visit. Anyone is eligible to adopt a bus stop, including civic groups, businesses, and individual home owners. Individuals or groups can select a Wave Transit bus stop in their neighborhood to adopt for a commitment of one year. The adopter pledges to keep their adopted bus stop clean by performing the following duties: Regularly maintain (at least once per week) the adopted bus stop by keeping it litter free Ensure connecting sidewalk is free of debris Report any vandalism, disturbances and safety issues directly to Wave Transit Wave Transit will be responsible for addressing any issue brought forth by an adopter and for providing safety vests for adopters to wear while maintaining the bus stop. The adopter will receive recognition by Wave Transit for their excellent community service through the following means: Recognition signage will be placed at adopted bus stop Included as a sponsor on the Wave Transit website Included in all marketing material for the Adopt -a -Stop program More information, including the adoption application, can be found on the Wave Transit website. ❑C! § "0 AE! 0 •AM0<0L<°0 In an effort to improve the local community, Wave Transit implemented an Adopt -an- Amenity program designed to enhance the experience while utilizing public transportation, actively involve community groups and organizations who support the importance of public transportation, and to create partnerships that work together for the Rev. (000 -002) Bus Sop Enhancement Plan Page 9 CFPTA Agenda Packet 01 /22/2015 51 betterment of the community. Individuals or community groups interested in sponsoring an amenity or amenities at a bus stop location are encouraged to participate in the Authority's Adopt -an- Amenity Program. All sponsorships shall be coordinated through the Director of Planning and Development. The following amenity sponsorship options are available under the Adopt -an- Amenity program: 1. A bench and trash receptacle on a concrete pad (engineered site design is required for this option) 2. A bench, shelter (with lighting) and trash receptacle on a concrete pad (engineered site design is required for this option) The type of amenity to be installed will depend upon the bus stop location. Wave Transit staff will provide guidance as to which bus stop locations can accommodate certain amenities and which bus stop locations are available for sponsorship. To ensure installations meet appropriate standards, Wave Transit will oversee the purchase of benches, shelters and trash receptacles, seek required permitting and supervise installation. Sponsors must adhere to the specifications for bench and shelter sponsorship as outlined in the Adopt -an- Amenity program. Once installed, Wave Transit is responsible for performing the required maintenance as it does for amenities it has placed at other bus stop locations along fixed bus routes. Wave Transit will retain title to sponsored amenities. Sponsors will be recognized as follows: 1. Plaque or appropriate marker on the sponsored bench or shelter 2. Included as a sponsor on the Wave Transit website 3. Included in marketing material for the Adopt -an- Amenity Program More information, including the sponsorship application, can be found on the Wave Transit website. SECTION 7: MAINTENANCE ❑g 0 G a•,"• - ° @D AE AE• 09! # • AM@> The preventive maintenance schedule for bus stop amenities is outlined in the Authority's Facility and Equipment Maintenance Plan. Amenities will be entered into Assetworks, the Authority's maintenance scheduling software to ensure the asset is maintained to the FTA state of good repair requirements. Preventive maintenance will be scheduled and tracked through the Assetworks software system. The responsibility of preventive maintenance for bus stop amenities falls under the Facilities Maintenance Department. 7.2 - °C&AE AE- 09! # -AM@> It is the responsibility of the Facilities Maintenance Manager and /or his /her designee to perform maintenance on all amenities. If damage to a shelter, bench, or trash receptacle is reported or observed, it is the responsibility of the Facilities Maintenance Manager and /or his /her designee to make the necessary repairs. Maintenance will be performed and tracked by the Facilitates Maintenance Manager through the Assetworks software system. If a shelter or bench is damaged beyond repair, the incident will be Rev. (000 -002) Bus Sop Enhancement Plan Page 10 CFPTA Agenda Packet 01 /22/2015 52 investigated. If it is determined that replacement amenities can be installed at the bus stop location, it will be replaced with existing inventory. If there are no available amenities for replacement, the bus stop location will be added to a list for amenity install when new amenities arrive. Amenities that are beyond repair but components are still in good working order, will be retained and used for replacement parts. Rev. (000 -002) Bus aop Enhancement Plan Page 11 CFPTA Agenda Packet 01 /22/2015 53 APPENDIX A: CURRENT INVENTORY OF BUS STOP AMENITIES Figure 1: Inventory of Bus Shelters Bus Stop Location Route(s) Quantity Downtown Transfer Station 108 and all 200 series routes 3 Independence Mall Transfer Station 105/106/209 2 Market St. (EB) and Kerr Ave. (Food Lion Shopping Center) 101/106/108 1 Front St. (NB) and Castle St. (Solomon Towers) 201/205 1 Sigmon Rd. (EB) at WalMart Shopping Center 101 1 4th St. (SB) at MedNorth Health Center 101 1 17th St. (NB) at New Hanover County Health Department 205/209 1 5th St. (SB) and Castle St. (Hall's Drug Store) 202 1 Wrightsville Ave. (WB) at Cape Fear Memorial Hospital 103 1 Carolina Beach Rd. (SB) and Shipyard Blvd. (Roses Shopping Center) 106/201 1 Dawson St. (EB) and 9th St. (Jervay Housing Complex) 202/209 1 Rankin St. (EB) and 11th St. 101 1 Market St. (EB) and Covil Ave. (CVS Store) 104/108 1 Market St. (EB) at YMCA 108 1 Independence Blvd. (NB) and Park Ave. (Hanover Shopping Center) 105/106/202 1 Front St. (NB) and Harnett St. (PPD) 203/207 1 Greenfield St. (EB) and 13th St. 205 1 S. College Rd. (SB) and Shipyard Blvd. (Senior Center) 202 1 Total Number of Shelters 21 Rev. (000 -002) Bus Sop Enhancement Plan Page 12 CFPTA Agenda Packet 01 /22/2015 54 Figure 2: Inventory of Benches Bus Stop Location Route(s) Quantity Sigmon Rd. (EB) at WalMart Shopping Center 101 1 Market St. (WB) at Red Roof Inn 101/105/106/108 1 Market St. (WB) at Budgetel Inn 101/105/108 1 Market St. (WB) at Church's Chicken 105/106/108 1 16th St. (SB) and Parmele Dr. 105/205/209 1 16th St. (SB) at New Hanover Medical Group 105/205/209 1 17th St. (SB) at New Hanover Regional Medical Center (Women's and Children's Center) 105 1 Covil Ave. (SB) and Broad St. 106 1 Darlington Ave. (NB) at Main Housing Complex 106 1 Market St. (EB) and Cinema Dr. (Sonic) 101/106/108 1 Market St. (WB) at YMCA 108 1 Market St. (EB) at Port City Java 108 1 Carolina Beach Rd. (SB) and Central Ave. 201 1 Carolina Beach Rd. (SB) and Shipyard Blvd. (Hardee's) 201 1 Carolina Beach Rd. (SB) and Horn Rd. (Monkey Junction Pit Stop) 201 1 Carolina Beach Rd. (NB) at Legion Stadium 201 1 Carolina Beach Rd. (NB) and Tennessee Ave. (Bank of America) 201 1 16th St. (SB) at Hospital Plaza Dr. 205/209 1 Castle St. (WB) and 11 th St. 202 1 Old Regent Way (NB) at Harris Teeter 204 1 Rev. (000 -002) Bus Sop Enhancement Plan Page 13 CFPTA Agenda Packet 01 /22/2015 55 Racine Dr. (SB) at Racine Commons 712 1 Medical Center Dr. (WB) and Centerwood Dr. 205 1 5t" St. (NB) and Meares St. 209 1 Market St. (EB) and 9t" St. (Cape Fear Museum) 108 1 Total Number of Benches 24 Rev. (000 -002) Bus aop Enhancement Plan Page 14 CFPTA Agenda Packet 01 /22/2015 56 [;#p-!*��4AN)Ai9%eA3EMTrOR4:!50A:;-14! # •�> X $ / 4 2j7 ° rM 9ielter Location City of Wilmington New Hanover County Bench Location City of Wilmington New Hanover County M F#p!�� AN)AMeAM Oj4<_°�! # •�>_ OOE #$ / 4 29SOO97 ° rM Shelter Location City of Wilmington New Hanover County Bench Location City of Wilmington New Hanover County 58 APPENDIX B: HIGH PRIORITY BUS STOP LOCATIONS FOR AMENITIES Figure 1: NCDOT Right of Way Rev. (000 -002) Bus Sop Enhancement Plan Page 15 CFPTA Agenda Packet 01 /22/2015 59 Bus Stop Location Route(s) Comments 1. South College Rd (SB) at Harris Teeter 103 /107 /UNCW Existing sidewalk network Green at current location. 2. South College Rd. (SB) and Randall 103/104/107 Existing sidewalk network Pkwy. (Halloween and More Store) at current location 3. Oleander Dr. Fordham Rd. 103/202 Transfer point between two (Whole Foods) routes. Existing sidewalk network at current location. 4. South College Rd. (NB) at Kmart 103/107 Bus stop can be moved to connect with existing sidewalk network 5. New Center Dr. (EB) at Applebee's 103 /104 /UNCW Existing sidewalk network Restaurant Blue at current location. Bus stop may have to be moved further East on New Center Dr. 6. Gordon Rd. (WB) and Military Cutoff 104 Existing sidewalk network Rd. (Food Lion) at current location 7. 16th St. (SB) at Kidder St. 105/209 Existing sidewalk network at current location 8. 16th St. (SB) at New Hanover Medical 105/205/209 Bench and existing Group sidewalk network at current location 9. 17th St. (SB) at Food Lion Shopping 105/209 Existing sidewalk network Center at current location 10. Independence Blvd. (NB) and 105/106/209 Existing sidewalk network Converse Dr. at current location 11. Shipyard Blvd. and Commons Dr. 105/106/209 Existing sidewalk network at current location 12. Carolina Beach Rd. (NB) at Legion 201 Bench and existing Stadium sidewalk network at current Rev. (000 -002) Bus Sop Enhancement Plan Page 15 CFPTA Agenda Packet 01 /22/2015 59 Rev. (000 -002) Bus Sop Enhancement Plan Page 16 CFPTA Agenda Packet 01 /22/2015 60 location 13. 17" St. (SB) at Hospital Plaza 202 Bench and existing sidewalk network at current location 14. Military Cutoff Rd. (NB) at Drysdale 104 Existing sidewalk network Rd. (Public Library) at current location 15. Market St. (EB) at Lullwater Dr. 101/104/106/108 Existing sidewalk network (Miller Motte College) at current location 16. Dawson St. (EB) at 5t" St. 202 Existing sidewalk network (Urgent Care Family Practice) at current location 17. Independence Blvd. (NB) and 105/106/209 Existing sidewalk network Canterbury Dr. (Alderman Elementary at current location School) 18. Eastwood Rd. (EB) and Cardinal Rd. 104 Connects to Cross City Trail 19. Shipyard Blvd. (EB) at Family Dollar 106 Existing sidewalk network at current location 20. Princess Place Dr. (EB) at Rachel B. 101 Existing sidewalk network Freeman Elementary School at current location 21. Princess Place Dr. (WB) at 101 Bus stop must be moved Montgomery Dr. further west in order for site location to accommodate a shelter 22. Wilshire Blvd. (EB) and Brooks 105 Existing sidewalk network Crossing at current location Rev. (000 -002) Bus Sop Enhancement Plan Page 16 CFPTA Agenda Packet 01 /22/2015 60 ME #$ 42 9SUFOR7 ° rM Note: These maps were created by the WMPO on 11/17/14 based on WAVE Transit request. They were reviewed by WAVE transit on 11/17/14. Amenity Priority Location City of Wilmington New Hanover County CFPTA Agenda Packet 01 /22/2015 61 Figure 2: Non -NCDOT Right of Way Rev. (000 -002) Bus Sop Enhancement Plan Page 17 CFPTA Agenda Packet 01 /22/2015 62 Bus Stop Location Route(s) Comments 1. Monkey Junction 107/201/301 No sidewalk network at bus stop location 2. Dawson St. (EB) at 5th St. 202 Existing sidewalk network (Urgent Care Family Practice) at current location 3. South 17th St. (WB) and John D. Barry Dr. 201 Shelter was removed due to unrepairable damage 4. Randall Pkwy (WB) at Brailsford Dr. 104 Concrete pad installed at this location with the widening of Randall Pkwy project. High concentration of individuals with disabilities 5. 41St St. (NB) at Brightmore Retirement 202 High concentration of Community elderly individuals and individuals with disabilities. Existing sidewalk network at current location 6. Danny Pence Dr. at Laney High School 207 High concentration of students with disabilities 7. Medical Center Dr. (WB) and Carolina 205 Existing sidewalk network Beach Rd. at current location 8. Nixon St. (WB) and 5th St. 101 High concentration of elderly individuals and individuals with disabilities. Existing sidewalk network at current location 9. Rutledge Dr. (WB) and Vance St. 106 Existing sidewalk network (Brigade Boys and Girls Club) at current location 10. Veteran's Park Visitor's Center 301 Location serviced by Route (Ashley High School) 301 in both directions (inbound and outbound) 11. 41St. St. at Hoggard High School 202 Encroachment agreement and Right of Way permit Rev. (000 -002) Bus Sop Enhancement Plan Page 17 CFPTA Agenda Packet 01 /22/2015 62 Rev. (000 -002) Bus Sop Enhancement Plan Page 18 CFPTA Agenda Packet 01 /22/2015 63 secured for this location 12. 10th St. (NB) and Meares St. 205 Existing sidewalk network at current location 13. Nixon St. (WB) and 8th St. 101 Existing sidewalk network (DC Virgo Middle School) at current location 14. Wellington Ave. (EB) and 17th St. 205 Bus Stop would need to be (Hamm Hearing Aid) moved in the eastbound direction to connect with existing sidewalk network 15. Greenfield St. (WB) and 13th St. 205 Existing sidewalk at current location Rev. (000 -002) Bus Sop Enhancement Plan Page 18 CFPTA Agenda Packet 01 /22/2015 63 M I I 7WXO'E #$ / 4 2 097 ° rr4V Note: These maps were created by the WMPO on 1/09/15 based on WAVE Transit request. They were reviewed by WAVE transit on 1/09/15. Amenity Priority Location City of Wilmington New Hanover County CFPTA Agenda Packet 01 /22/2015 64 Date: 7/l/2014-12J31/2014 Budget Scenario : 2015 (1) (Board Adopted Original) GL account Actual Budget Variance 50 °f Annual Operating revenues Farebox revenues 638,254 616,000 22,254 51.81% 1,232,000 Passes 90,677 120,000 (29,323) 37.78% 240,000 Contracted services Fixed Route 215,830 210,000 5,830 51.39% 420,000 Para - Transit 320,155 345,250 (25,095) 46.37% 690,500 Pledge to Capital (18,002) (12,500) (5,502) 72.01% (25,000) Total: Operating revenues 1.246.914 1.278.750 (31.836) 48.76% 2.557.500 Nonoperating revenues Subsidies Federal grants 1,272,178 1,677,697 (405,519) 37.91% 3,355,394 State grants 188,284 427,475 (239,191) 22.02% 854,950 Subsidy from primary government City of Wilmington 1,285,000 642,500 642,500 100.00% 1,285,000 New Hanover County 275,000 137,500 137,500 100.00% 275,000 Subsidy from other governments 113,875 45,938 67,938 123.95% 91,875 Local Government Pledged to Capital (13,500) (10,150) (3,350) 66.50% (20,300) Other Income 63.909 36.294 27.616 88.04% 72.587 Total: Subsidies Total: Revenues Subsidies 3.184.746 2.957.253 227.493 53.85% 5.914.506 4.431 4.236.003 195.657 8.472.006 and Operating expenses .660 52,31% Salaries and wages Fixed Route 1,530,445 1,583,370 52,925 48.33% 3,166,740 Para - Transit 252,794 275,919 23,125 45.81% 551,838 Taxes and benefits Taxes 130,208 143,740 13,532 45.29% 287,479 Benefits 452,787 490,412 37,625 46.16% 980,823 Fuels and lubricants 497,184 609,142 111,958 40.81% 1,218,283 Maintenance 257,033 255,000 (2,033) 50.40% 510,000 Tires 51,271 70,000 18,729 36.62% 140,000 Communications& Utilities 55,240 66,350 11,110 41.63% 132,700 Professional services 186,810 212,733 25,923 43.91% 425,466 Other services 37,312 41,750 4,438 44.69% 83,500 Insurance Liability & Property 184,119 133,990 (50,129) 68.71% 267,979 Auto 194,114 148,536 (45,579) 65.34% 297,071 Worker Comp 88,878 97,471 8,593 45.59% 194,942 Office supplies and expenses 13,778 20,550 6,772 33.52% 41,100 Marketing 12,497 23,150 10,653 26.99% 46,300 Other expenses 59.427 63.893 4.466 46.51% 127.785 Total: Operatina expenses Net Results 4.003.897 4.236.003 232.106 47,26% 8.472.006 427,763 Fund Balance Contributions City of Wilmington 157,822 157,822 157,822 New Hanover County 157,822 157,822 157,822 Total: Fund Balance Contributed 315,644 315,644 315,644 CFPTA Agenda Packet 01 /22/2015 65 ,RVm,, Cape Fear Public Transportation Authority Operations Center Project Update ,hnuary 2015 Construction The project is nearing completion. A certificate of occupancy (00) for the operations center building was issued by New Hanover County on 01/05/2015. A 00 for the bus wash was issued on 01/06/2015. A 00for the fueling station is pending additional verification. On January 15, 2015, the final connectionswere made to the radiant floor heating system and the system was started. Test and balance reports fort he HVAC systems are in review by the mechanical engineer of record. Final mechanical, electrical and plumbing punch lists are scheduled for January 20, 2015 by the engineers of record. The building and bus wash punch list are scheduled for January 21, 2015. The site punch list is scheduled for January 23, 2015. Completion of the repairs outlined in the punch lists is dependent on the items noted by the project manager, engineers of record and construction manager. Furnishings and equipment for the facility are being delivered and installed. A dedication ceremony, contractor turnover and official occupancy of the facility are estimated to occur in mid to late February. Compressed Natural Gas(CNG) Fueling9tation Startup of the CNGfueling station, gasoline and diesel fueling stations and integration with the fuel management system is scheduled for February 09, 2015. Change Ordersf Purchase Orders Change orders in the amount of $22,137 to General Contractor Oancy & Theys are outlined on the change order summary. The changes are for various items during construction that was required by the county or the Authority. Contingency funds are available to offset the cost of the changes. Equipment and supplies for the facility to various vendors for January 2015 total $53,337. The equipment and supplies are included in the adopted budget and revenues are available. Budget Actual and anticipated expenses to complete the facility are $31,034 below revenues available. At this point in the project it can be confidently assumed that the project will be completed within budget and available revenues. Additional funds maybe available to the project following completion of a sales tax audit by the General Contractor. CFPTA Agenda Packet 01 /22/2015 66 � " ■ 4W- @ E cr LU � U a 0 O @ O � O A � ■ t Ln � Q r4 R ■ / ■ \� 2 § % 2 7 o o ° � 0 m�t o o o o zr,4 o o o z I o z m o» m o z o 6% m» z o z z o z z o z wt J + + C + Lf� u k// \ ƒ / O \ ƒ / O t e E / //\ f 2 e u § 7 � j t $ f C = \ z » \ \ E 3 I k / u a z . � \ t E E 0 cr ui t &@§ S $ e / / $ C m u / $ tw § = .g / C / E g / O $ \ a £ / § ± � _ s / e/ 7 / // 2 > / : j $ / 2 e a) 4- ƒ / b 1 21 Ln 0 ± \ w 0 2 § %