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Agenda Packet 08 27 15 Cape Fear Public Transportation Authority A regularly scheduled meeting of the Cape Fear Public Transportation Authority will be held Thursday, August 27, 2015 at 12:00 pm in the Wave Transit Board Room at Forden Station, 505 Cando St., Wilmington, NC 28405. An agenda for the meeting is presented below. MEETING AGENDA 1)Call to Order 2)Moment of silence 3)Pledge of Allegiance 4)Bus Operator Safety Award 5)Public Comment Period 05 minutes 6)Maintenance issues update (p. 2) 20 minutes Mr. Rick Dunning, Senior Vice President, First Transit Mr. Larry Morris, Regional Vice President, First Transit Mr. Bill Harned, Area Vice President, First Transit 7)Consent agenda 05 minutes 1.Approval of minutes from the July 23, 2015 meeting (p. 6) 2.Agreement with PNG for CNG compressor maintenance (p. 13) 3.Amended Purchase Order for four CNG buses (p. 34) 8)Metropolitan Transportation Plan (p. 35) Mr. Howard Capps, CAC Mass Transportation Committee Chair Metropolitan Transportation Plan Resolution (p. 68) 9)Committee Reports 20 minutes Executive Committee, Mr. Jeff Petroff, Chairman Planning & Operations Committee, Mr. Andrew Koeppel, Chairman July 2015 Operating & Statistical reports (p. 69) Finance & Budget Committee, Mr. William Bryden, Chairman July 2015 Financial Statement (p. 72) Facilities Committee, Mr. Jeff Petroff, Chairman 10)Staff report 10 minutes Legislative Update 11)New business 05 minutes 12)Old business 05 minutes 13)Adjournment REMINDER - there will be no bus service and Authority administrative offices will be closed on Monday, September 07, 2015 in observance of Labor Day. The next regular meeting of Cape Fear Public Transportation Authority is scheduled for Thursday, September 24, 2015 in the Forden Station Board Room located at 505 Cando Street, Wilmington, NC 28405. CFPTA Agenda Packet 08/27/20151 First Transit, Inc. 600 Vine Street Suite 1400 Cincinnati, Ohio 45202 Tel 513-684-8734 August 6, 2015 Board of Directors Cape Fear Public Transportation Authority 505 Cando Street Wilmington, NC 28405 Dear Board Members: First Transit is committed to providing the highest level of management and support to the Cape Fear Public Transit Authority (CFPTA). First Transit understands that the reliability of the fleet has beenless than satisfactory which led to your letter on May 27, 2015. Please be aware that First Transit is well aware of the maintenance situation at CFPTA and has taken the necessary steps to fix the issues. I have attached a summary of the maintenance situation at CFPTA on the fixed route side, and the corrective actions that First Transit has put in place. In addition, I have summarized the actions that First Transit will take moving forward to ensure that the current situation will not repeat.It is hoped that the progress that has been exhibited over the past few weeks in combination with the plan below is sufficient to release First Transit from the breach of contract made in the May 27, 2015 letter. First Transit’s goal and primary objective remains to provide safe, efficient and reliable transit services throughout the community and to strengthen the confidence of the community and the CFPTABoard in the continued vitality of the transit system. We look forward to continuing our working relationship with you in the years ahead. Sincerely, Richard A Dunning Senior Vice President Cc:Mr. Albert Eby,Executive Director Brad Thomas, President, First Transit, Inc. CFPTA Agenda Packet 08/27/20152 Cape Fear Public Transportation Authority(CFPTA) Fleet Maintenance Progress Report Prepared By: First Transit, August 6, 2015 Over the past few months, the CFPTA fleet has been plagued by the following issues: The inability to provide 100% of the scheduled service with air conditioned vehicles. The inability to meet 100% of the daily service requirements due to vehicle inability. The inability to get vehicle parts as needed. The inability to get timely outside vehicle repairs made for body work, component rebuilds, and warranty work. Difficulty in the diagnostics of vehicle failures. The above issues were further influenced by the move to the new facility in late June and the turn-over in technicians which reduced the knowledge base and personnel shortages. To correct theseissues, First Transit has put into place the following items: th New leadership (General Manager) was brought in on July 27 to provide the necessary guidance and supervision of the fixed route operation and vehicle maintenance. This has resulted in an immediate turn-around of some of the items above: 100% of the vehicles on the road have working air conditioning. o Daily service requirements are met within 95%. o Management is working closely with the outside vehicle repair facilities to get o vehicles repaired quickly and properly. The new manager conducts daily staff meetings to keep everyone apprised of the fleet status. The CFPTA staff is keep updated on a constant basis. The new manager has informed the entire Maintenance Department of the required level of service and performs constant monitoring to ensure the goals are met. First Transit has provided the CFPTA staff with a suggested organization chart to streamline the parts ordering and receiving processes. This will help ensure that the required parts are stocked and available when needed. First Transit is arranging for training on preventative maintenance inspections (PMI), air conditioning systems, and maintenance facility management and organization. First Transit will continue to recognize areas where additional training is required and work with First Transit support personnel and outside vendors to provide training. First Transit will continue to work with the First Transit recruiters to quickly fill any position and reduce personnel shortages. First Transit understands the need to have the CFPTA fleet operational for the start of the UNCW fall semester. To ensure this, the First Transit staff has further increased the diligence paid to the vehicle availability at outside vendors, the ordering of needed parts, and the scheduling of repairs. To move CFPTAfleetpast the current, First Transit will perform the following activities: CFPTA Agenda Packet 08/27/20153 First Transit will put into place a plan where specialized maintenance is performed on major components at set times. This would include performing comprehensive air conditioner inspections and service prior to the start of the air conditioning season. The knowledge of all technicianswill be evaluated to ensure that everyone has the correct training to meet the needs of the Maintenance Department. This includes: Air conditioning repair and certification. o Training from Gillig Bus Company on the compressed natural gas buses and o diesel buses. Farebox repair and troubleshooting training. o The preventativemaintenance inspectionprocesswill be evaluated to ensure that the correct inspections are being performed. The program will be increased to add the compressed naturalgas fleet. First Transit will work closely with the Union to develop a wage package for the maintenance employees that will reduce turnover. The CFPTA fleet status will be reported to the First Transit Senior Management Team on a weekly basis for monitoring. There will be periodic meetings with the group to discuss the fleet status and needed support. The Maintenance Director will be charged with the overall direction of the Maintenance Department which will streamline the scheduling of repairs and the availability of parts. Currently, the Parts Clerk spends two (2) hours per day counting the farebox revenue. First Transit is proposing to eliminate this task from the Parts Clerk’s duties and have the farebox revenues counted by an outside vendor. First Transit will continue to monitor the situation at CFPTA and make the necessary changes to keep the fleet in a safe and operational condition. The above list will be modified as needed. CFPTA Agenda Packet 08/27/20154 CONSENT AGENDA The following items are attached for consideration. A brief explanation and recommendation follows: 1)Approval of minutes from the June 25, 2015 meeting (p. 3) 2)Agreement with PNG for CNG compressor maintenance (p. 13) In an effort to ensure consistent operation of the Compressed Natural Gas fueling station, experienced equipment monitoring and maintenance is critical. Currently, Piedmont Natural Gas is remotely monitoring the equipment from Greensboro, NC. The monitoring has led to calls from PNG to the Authority to address problems that have arisen on the equipment. The monitoring to this point has been provided as a formal agreement is developed. The current situation has worked extremely well and prevented costly downtime of new vehicles. The agreement is for $250.00 per month to monitor the equipment. Repairs following the warranty period will be charged as time and materials as outlined in the agreement. PNG will also service the equipment in accordance with manufacturer specifications to meet the FTA state of good repair requirement. The agreement was negotiated by the Authority attorney. Approval of the contract is recommended. 3) Purchase Order modification (p. 34) On February 26, 2015 the Authority approved a Purchase Order in the amount of $1,815,508.00 for the purchase of four 35’ CNG buses. Grant funding is available for minor changes to the original PO. The changes are: disc brakes - $3,650 per bus; Fuelfocus hardware - $460 per bus; two way radios - $5,710. The fueling link hardware and two way radios would have been added to the vehicles in Wilmington by a third party contractor or by staff at an equal or greater cost than that proposed by Gillig. The disc brakes are an upgrade to minimize brake system costs and down time. A reduction to the AVL hardware system is also reflected in the proposed PO. The total change requested is $33,000. Approval of the supplemental PO is recommended. CFPTA Agenda Packet 08/27/20155 Cape Fear Public Transportation Authority MINUTES OF THE CAPE FEAR PUBLIC TRANSPORTATION AUTHORITY July 23, 2015 Jeff Petroff, Chairman, Presiding MEMBERS PRESENT Mr.Jeff Petroff, Chairman Mr.Kevin O’Grady, Vice-Chairman Mr.Don Betz, Secretary Mr. Jonathan Barfield Mr.Bill Bryden Mr.Steven Kelly Mr.Andy Koeppel Mr.Rick Richards Ms.Anne K. Ryan Mr.Beck Smith STAFF PRESENT Mr.Albert Eby, Executive Director Ms.Megan Matheny, Director of Planning& Development Mr.Joe Mininni, Director of Finance & Administration Ms.Kathy Williams, Board & Customer Relations Clerk CONTRACT MANAGEMENT STAFF PRESENT Ms. NoelFox,Craige and Fox PLLC,Authority Attorney Mr.Larry Morris, Regional Vice President,First Transit Mr.Bill Harned, Area Vice President, First Transit Mr.Ben Herr,Director of Operations, First Transit GUESTS PRESENT Ms.Suraiya Rashid, WMPO Ms.Pat Batleman, Town of Leland Mr.Terrance Dewberry, ATU, Raleigh Ms. Sherita MCCullers, ATU, Raleigh Ms.Jackie McCullough, First Transit Driver Ms. Yzone Riley, First Transit Driver Mr.Glen Williams, First Transit Driver Ms. Barbara Smith, First Transit Driver Ms.Sabrina Troy, First Transit Driver Mr.Lawrence B. Moore, First Transit Driver Ms.Doreen Johnson, First Transit Driver Ms. Lillie Ray, First Transit Driver Mr.Chris Dodson,NHC Senior Resource Center Ms. Bailey Hicks, WECT Ms.Cammie Bellany, Star News Ms. Taylor Yakowenko, WWAY Mr.Brandon Shope, Time Warner Cable News Mr. Henry A. Benjamin, Citizen Mr.Johnie Lewis, Citizen Ms. Angel Williams, Citizen CALL TO ORDER Mr. Petroffcalled the meeting to order at 12:01 pm The meeting began with a moment of silence followed by reciting the Pledge of Allegiance Mr. Petroff made a motion to enter into closed session in accordance with NCGS §143-318.11(3) to discuss matters regarding attorney client privilege Mr. Petroffmade a motion to hold the closed session in theconference room due to the amount of guests presentin the board room Mr. O’Grady seconded the motion and the motion carried CFPTA Agenda Packet 08/27/20156 The closed session convened for the closed session in the conference room which concluded aftereightminutes Mr. Petroff made a motion to return to regular sessionfollowingthe closed session Mr. Betz seconded the motion and the motion carried No action was taken during or in regard to the closed session PUBLIC COMMENT Mr. Petroff opened the public comment period Mr. Petroff stated that public comments would notbe addressed directly and no direct questions from the public would be responded to The purpose of the public comment period is for the board to hear from the public regarding Wave Transit services He requested that due to the number of guests present, comments would be strictly limited to no more than five minutesper guest Mr. Dewberry, an employee of Go Raleigh transit systemin Raleigh, stated that he represented contract union employeesof First Transit providing contract labor to the Authority He said the union had authorized a strike Mr. Dewberry said that action could take place anytime after August 1, 2015 Mr. Dewberry said the decision to strike was not over wages although the collective bargaining agreement was expired Mr. Dewberry read from an unverified list of maintenance issues Ms. McCullough continuedto read from the unverified list of maintenance issues She made no comments regarding the situation Ms. Riley continued to read fromthe unverified list of maintenance issues She made no comments regarding the situation Mr. Lewis stated the stop request on vehicle 1504was not working properly on one side Mr. Lewis askedif passengers would receive reimbursement for an activated 31 day bus pass if First Transitand the local union could not come to an agreementand service was not provided Mr. Lewis said as a passenger he is very disappointed abouthow the Wave Transit buses are run Mr. Johnson said that he enjoys working at WaveTransit, but says he feels that safety is a concern Hearing no further comments,Mr. Petroffclosed the public comment period CONSENT AGENDA Mr.Petroff presented the July 2015 consent agenda for approval Mr. Betz made a motion to accept the July 2015 consent agendaas presented Mr. Bryden seconded the motion and the motion carried MAINTENANCE ISSUES DEBRIEF Mr. Petroff recognized Mr. Eby to provide a debrief on the maintenance issuesandto introduce First Transit representatives Mr. Eby began by referencing the Authority’s mission statement:The mission of the Cape Fear Public Transportation Authority (Wave Transit) is todevelop and maintain an effective, efficient, and safe system of public transportationservices within Southeastern North Carolina He stated that during the spate of maintenance issues, safety has remained the highest priority Mr. Eby apologized to the Authority and community for the issues that were jeopardizing an acceptable level of service He stated that he hoped that the situation was not being exploited by individuals seeking personal gain CFPTA Agenda Packet 08/27/20157 He statedthat over the past month maintenance issues have improved but not to the level in which the Authority would be able to rescind the breach of contract letter issued to First Transit Mr. Ebysaid that although maintenance issues persist, the fleet and Wave Transit fixed routes were being operated in a manner compliant with thesafety provisions of Management Agreementand Authority safety policies and procedures He said that service was provided 99.02% on timeduring Juneand the .98% in which service was not provided was due to road calls, accidents and other incidents Mr. O’Grady inquired as to how many new buses areawaiting delivery Mr. Eby said four, 35’Gillig busesare slated to arrive at the beginning of the 2016calendar year and a shuttle bus is scheduled to be delivered within the next two weeks He said funding for an additional three shuttleshas been identified and the vehicles will be ordered upongrant approval Mr. Eby stated he is hoping the vehicles will be added to the fleet by the end of the 2016 calendar year Mr. O’Grady asked if identifying federal funding for new vehicles was a constraint Mr. Eby confirmed that findingthe 80% federal shareis a challenge He said that the contracted cost for buses is $453,000 and a shuttle bus costs approximately $100,000 Securing federal funds is difficult since Congress has not fully allocated the current year’s transportation budget He said the Authoritycould seereduction in fundingin federal fundsif no action is taken by Congress Mr. O’Grady asked about the availability of local matching funds if FTA funding could be identified Mr. Eby stated that the City of Wilmington, New Hanover County and other local funding partners have been outstanding in their commitment to provide local matching funds to replace the aging fleet Until Congress chooses to fund public transportation at a level that meets the needs of communitieslike Southeastern NC, the problem will continue Mr. Eby stated that Congress has not authorized a long term transportation bill in over six years and over 30 continuing resolutions have authorized transit funding over the period Without certainty in funding for a reasonable term, fleet replacement will continue to challenge systems like Wave Transit The problem is not isolated to Southeastern NC and all transit systems nationwide are struggling with the issue of long term and consistent funding that meets the needs of communities In addition to the age of the fleet, other factors contributed to the current maintenance situation He referred the board to the VehicleMaintenance Issues Reportin the agenda packet Mr. Eby said the Authority has authorized First Transit to contract out a significant amount of repair work to normalize the maintenance situation He said that most of the air conditioning, radiator and coolantissues have beensent out to local shopsfor repairand severalengines have been rebuiltorare in theprocess of being rebuilt Mr. Eby said the air conditioning vendor, ThermoKing, has been on site most of June and July and theair conditioning issues have been resolvedfor the most part although new AC issues are still periodically occurring He said that First Transit is still working to address the maintenance issues and progress has been made Mr. O’Grady thanked Mr. Ebyfor the maintenance reportsubmitted and acknowledged the challenges faced by the Authority Mr. Petroff stated roughly30% of the fleet will be replaced within the next six months Mr. Betz askedifthe mechanics have received trainingon how to repair the newCNG vehicles CFPTA Agenda Packet 08/27/20158 Mr. Eby said the purchase ofthe new buses included40 hours of in depth CNG bus training from Gillig Additional training opportunities are being scheduled Mr. Barfield asked how many companies country wide are similar to our organizationwith respect to management of union employees Mr. Eby said that the Urban Mass Transit Act of 1964requires public transit agencies that receive Federal funding to recognize the Collective Bargaining Rights of unionemployees He said that as a governmental agency, the Authority isprohibited by NC General Statute95-98 from entering into a collective bargaining agreement with a union; therefore,athird party contractor must be used to serve as the employer of record for union employees He said that once First Transit has submitted in writing that they have achieved the level of maintenance that meets thestandardsof the Management Agreement,the board will have an opportunity to vote on rescinding the breach letter Ms. Ryan asked if Gillig has been the same bus manufacturersince the inception of Wave Transit and ifthe same maintenance provider has been contracted for vehicle repair Mr. Eby said that Gillig buses have comprised the majority of the fixed route fleet since 2003 and explained thattherearea limited amount of transit bus manufacturers in the United States He stated that the Authority has had three different management contractors over its 11 years Mr. Ebyrecognized Mr. Morris, Mr. Harned and Mr. Herrfrom First Transitto provide and update on the maintenance issues Mr. Eby said that Mr. Herr has been working at the Operations Facility for about three weeks He has been evaluating the situation and working with FirstTransit employees to ensure maintenanceissues are being addressed in a responsible manner Mr. Eby said First Transit was available toaddress any questionsthe board may have Mr. Morris thankedthe board for the opportunity to address the board He said First Transit wasstarting to get a handle on the maintenance issues and progress has been made He stated that a full analysis of the situation, including the Authority’s assessment, was reviewed and a plan to address the situation was in development Hesaid First Transit iscommitted to correcting the issues and ensuring the vehiclesare maintained in accordance with the standards set forth by the Authority Mr. Morris said that all vehicles have properly working air conditioning units He confirmed thatsafety is their number one priority and the vehicles are inspected every day before they leave the yard and several of the safety issues noted have been corrected Mr.Morris said First Transit will havemaintenance experts come in that will not only help address the maintenance issues but will also helpprioritize bus maintenance and organize the shop He said the extra assistance will allow the maintenance technicians to be able to perform their jobsmore efficiently and effectively Mr. Morris stated the Fixed Route Manager was relieved of his duties and an Interim General Manager has taken over until a permanent General Manager is assigned He revealed that once First Transitcorporate maintenance employees can evaluate the situation, a report will be submitted that will outline the actions that have been taken, the plan of action going forward and recommendations for maintaining a positive relationship between the Authority and First Transit He said that improvements in communication between the two must improve to ensure each party is on the same page Mr. Morris said the goalis to have the fleet fully operational with sufficient spares before UNCW begins its fall semester He said that as part of their review, First Transit will take a look at effective maintenance of an aging fleet going forward CFPTA Agenda Packet 08/27/20159 Mr. O’Grady asked when the report would be ready Mr. Morris stated the report should be ready within the next fewweeks Mr. Bryden asked ifany action could be taken by the board to provide assistance Mr. Morris stated not at this time but asked for a commitment fromboard to continue to work with First Transitthroughout the process Mr. Barfield stated First Transit’s communication with Authority staff must improve Mr. Betz asked Mr. Eby to review the relationship of the parties for the public who may not have an appreciation for how the Authority is structured Mr. Eby stated that the Authority contracts with First Transit, an independent corporation, to manage Wave Transit This is due partly to the prohibition preventing the Authority from having unionized employees Mr. Eby further explained that fixed route bus operators and mechanics are employed by Transit Management of Wilmington, a private subsidiary of First Transit Mr. Eby explained that the bus operators and mechanics are not under the purview of the Authority, its management or the board The only relationship between bus operators, mechanics and the Authority is through a third party contractual agreement Authority staff has no authority over fixed route operators or mechanics The Authority’s only recourse to non-compliant contractors is through the provisions detailed in the Management Agreement Mr. Barfield asked how much the Authority paid First Transit Mr. Eby stated that the Authority paid First Transit $375,000 annually for four employees and management services First Transit also provides worker compensation insurance for First Transit and TMW employees Mr. Eby further stated that First Transit is contractually obligated to operate within the fiscal constraints oultined in the Authority’s annual operating budget Mr. Betz stated that the transition from Castle Street to the new operations center should have been seamless since there was sufficient time to prepare for the move Mr. Morris admitted the transition could have been smoother Mr. O’Grady thanked First Transit for attending theboard meeting and is looking for a full report and a fully operationalfleet come August Ms. Ryan as to whenthe maintenance issues would be resolved Mr. Morris stated that as of todaythey have sufficient vehicles to operate service with three spareson hand He said they are working on getting the rest of the vehicles operational before the beginning of UNCW’s fall semester Mr. Betz invited First Transit to attend the August2015meeting Mr. Eby thanked the board and the community for its patience DBE PROGRAM UPDATE Mr. Petroff recognized Director of Planning &Development and Civil Rights Officer Ms. Matheny to provide an update on the Authority’s revised Disadvantaged Business Enterprise (DBE) Program Ms. Matheny provided an overview of the revised program and presented adraft copy of the program for approval She explainedthat the DBE, Title VI and EEO plans all fall under theAuthority’s overall Civil Rights Program Ms. Matheny stated the Federal Transit Administration requires the DBE Program be updated every three years and the Authority’s current DBE Program is scheduled to expire September 2015 CFPTA Agenda Packet 08/27/201510 She stated the purpose of the goal setting process is to make sure that disadvantaged business enterprises have an opportunity to do business with the Authority Ms. Matheny said theoverall DBE goalfor FY2016-18is 4.5% Mr. Barfield inquired as tothe DBE participation in the construction of the Ops Center Ms. Matheny said there were several DBEs within the construction category; therefore, the general contractor was able to select DBEs for the project Ms. Matheny stated that identifying competent DBE firms was challenging because the process to register as a DBE with NCDOT was overly burdensome Mr. Barfield made a motion to adoptthe DBE Planas presented Mr. Kelly seconded the motion and the motion carried EXECUTIVE COMMITTEE Mr. Petroff said the committee met to discussthe evaluation of the Executive Director Mr. Petroff made a motion to enter into closed session to review the performance of the Executive Directorpursuant to NCGS §143-318.11(6) Mr. Barfield seconded the motion and the motion carried The board convened for a 14 minute closed session Mr. Petroff made a motion to enter into open session Mr. Koeppel seconded the motion and the motion carried Mr. Koeppel asked if the Chairman could provide an update on what was discussed in closed session Mr. Petroff stated that Mr. Eby’s review was overall very positive and details of the evaluationwill be discussed with him at a later date Mr. Koeppel made a motionto give the Executive Director a phone stipend of $1,200.00 per year and a 4% salary increase Mr. Barfieldseconded the motion and the motion carried PLANNING AND OPERATIONS COMMITTEE Mr. Petroffrecognized Mr. Koeppelto give the committee report Mr. Koeppel said that Juneridership is down but year to date ridership is up Mr. Koeppelsaid the Authority has collected nearly $23,000in advertising revenuefor the currentcalendar year Mr. Koeppel stated bus stoplocations for new amenities have been determined Mr. Koeppel saidthecommittee is recommending the current Planning and Operations Committee and the Operations Committee be separated into two committees: one to focus on Planning initiatives and one with a focus on Operational matters Mr. Koeppel submitted a recommendation thatMs. Ryan chair the Operations Committee He said that what his request from the board is an understanding that splitting the committee is a good decision Mr. Petroff said further discussion on the matter will take place FINANCE & BUDGET COMMITTEE Mr. Petroffrecognized Mr. Brydento give the committee report Mr. Bryden stated the June Financial Report was contracted to the auditors as it was part of the fiscal year financial statement FACILITIES COMMITTEE Mr. Petroff stated that the committee is seeking approval for a purchase order for bus wash grating in the amount of $10,914.00 withfunding from the projectbudget CFPTA Agenda Packet 08/27/201511 Mr. Petroff stated that the Authority was aware of the design error during construction and have been working on the proposed solution Mr. O’Grady made a motion to accept the purchase order for a bus wash grating in the amount of $10,914.00 Mr. Betz seconded the motion and the motion carried STAFF REPORT Mr. Petroffrecognized Mr. Ebyto give the committee report Mr. Eby stated that Operations Department moved into the new Operations Facilityon June 9, 2015 Issues with the air conditioning units have been noted and are being addressed by the general contractor and subcontractors He said three current programs funded under SAFTEA-LU are soon to sunset since the bill has expired He stated the funds include the 5316 program which funds Route 108, the 5317 program which funds Route 202 and the Rural Operating Assistance Program He said the Authority is seekingways to fund those routes to keep them operating Mr. Eby provided a final reportpreparedby the Institute for Transportation Research and Education at NC Statethat outlinesspecific benefits of transit provided in the region Mr. Eby stated he is sharing this information to the elected officials and the community to show the economic impact and benefit public transit brings to the community NEWBUSINESS None OLDBUSINESS Mr. Bryden gave a brief update on the Making Waves Foundation He said that four grant requests were submitted and all four were approved He said that more organizations are coming forward with some type of funding assistance when requesting bus passes Mr. Bryden said the Foundation is sending a grant request to the Landfall Foundationfor a $6,000 donation ADJOURN Mr. Betzmade a motion to adjourn the July2015 board meeting Mr. O’Grady seconded the motion and the motion carried SCHEDULING OF NEXT MEETING The nextmeetingof the Authority is scheduled for August 27, 2015at 12:00 pm in the Forden Station Board Room Respectfully Submitted, Albert Eby Executive Director /kw/mm CFPTA Agenda Packet 08/27/201512 CNG COMPRESSION EQUIPMENT MONITORING AGREEMENT (this THIS CNG COMPRESSION EQUIPMENT MONITORING AGREEMENT th “Agreement”) is made and entered into this 10 day of August, 2015 (“Effective Date”) between , ("Company") and PIEDMONT NATURAL GAS COMPANY, INC.CAPE FEAR ("Customer" or “Authority”). PUBLIC TRANSPORTATION AUTHORITY WITNESSETH: the Customer desires to engage Company to electronically monitor WHEREAS, and report changes to the status of the operation on compressed natural gas (“CNG”) fueling station equipment (the “Equipment”) operated by Customer at its facility located at 1480 Castle Hayne Road in Wilmington, NC 28401 (the “Services”). Customer agrees to pay for such Services on a monthly NOW, THEREFORE, basis in accordance with the following terms and conditions: 1. EQUIPMENT MONITORED. The Equipment consists of two (2) ANGI Energy System Natural Gas Compressors, one (1) compressed gas fuel storage cascade, priority/time fill panel, and dryer. 2. SCOPE OF MONITORING SERVICES. The Company will monitor the operation of the Equipment 24 hours a day, 7 days a week, 365 days a year. The Company will notify the Customer’s designated contact person of any apparent faults with the Equipment. Customer will be responsible for investigating the cause of the Equipment fault condition, and determining whether to correct the fault condition itself or to delegate the corrective action to the Company. 3. SCOPE OF ADDITIONAL REPAIR SERVICES. Customer shall be solely responsible for repair or replacement services such as belts, o-rings, lubricants and other repairs when such services are appropriate or required to maintain the Equipment in good working condition and to maintain Equipment warranties. Upon request from Customer’s 1 CFPTA Agenda Packet 08/27/201513 gnated representative, Company will provide an estimate to perform any of the desi aforementioned services (“Additional Services”). Upon written authorization from Customer’s designated representative, Company will proceed with such Additional Services. 4. MONTHLY MONITORING CHARGES AND TERM. For each calendar month beginning with the month following the Effective Date, Customer shall pay Company a monthly fee of $250.00 (Two Hundred Fifty and no/Dollars) for the Services. If such monthly payment is not received by the next calendar month’s billing date, the Company may, at its discretion, impose a late payment charge at the rate of 1.5% per month or such maximum rate allowable by law on the past due charges. A. For work that is performed on an emergency basis, or otherwise not covered by the Services, Customer will be invoiced at the rate of $90 per hour for work performed during normal working hours (8:00am to 5:00pm) and $135 per hour for work performed outside of normal working hours, with a minimum charge based on one (1) hour of work. Customer also agrees to pay for all parts used by Company in performing the Services, Additional Services or any work hereunder at the Company’s actual cost plus fifteen percent (15%), plus all applicable taxes. B. For work that requires travel to the Customer’s site outside normal Services, travel time shall be added to charges at the rate of $135 per hour. C. The Initial Term of the Agreement shall commence on the Effective Date and will continue for one (1) year thereafter (“Initial Term”); after the Initial Term, this Agreement will automatically renew for successive one (1) year terms (“Additional Terms”) up to a maximum of five (5) years following the Initial Term (collectively, the “Term”). D. Customer has the option to pay for Services on an annual basis in lieu of monthly. Should Customer elect to exercise this option, the annual fee shall be $2,700.00 (Two Thousand Seven Hundred and no/100 Dollars) payable on the Effective Date. 2 CFPTA Agenda Packet 08/27/201514 he Company reserves the right to adjust the monthly Services fee and the E. T hourly charge rates once per year of the Term. In the event the Company intends to adjust the monthly Services fee, the Company shall notify the Customer in writing thirty (30) days prior to the proposed fee modification. If the Customer is not in agreement with the proposed adjustment to the monthly Services fee, the Customer shall have the right to terminate the Agreement. F. The Agreement may be terminated by either party upon thirty (30) days written notice for any reason after the Initial Term. 5. ACCESS TO EQUIPMENT. Customer agrees to provide Company access to the Equipment during normal working hours for the purpose of performing the Services. Customer agrees to provide access to the Equipment after normal working hours for the purpose of emergency repairs and Services if such Service is required to maintain the proper operation of Equipment as determined by the Company. Customer agrees to operate the Equipment in accordance with applicable standards including NFPA 52 and any written instructions provided by the Company and the Equipment manufacturer. Customer agrees to perform the recommended maintenance as required by the Equipment manufacturer. A. Company shall not be liable for any loss of use of the Equipment by the Customer as a result of (i) other than in the case of Company’s negligence or willful misconduct, the Services, or (ii) acts of God, loss of electrical power, acts of vandalism, or other acts not under or outside of the control of the Company. 6. INDEMNIFICATION. Customer agrees to indemnify and hold harmless Company, its affiliates, and permitted assignees, and the respective officers, directors, employees, and agents of each such entity, from and against any and all actions, suits, claims and losses (including, without limitation, attorneys' fees and costs of defense, and fines and penalties imposed by any governmental agency) arising out of the death of or bodily injury to any person, or the destruction of or damage to any property, caused by the 3 CFPTA Agenda Packet 08/27/201515 , errors or omissions of the Customer or anyone for whom Customer is legally acts responsible, including subcontractors, during the performance by Company of this Agreement. Customer shall not be liable for the Company’s own negligence, willful acts, malfeasance or misconduct. 7. RISK OF LOSS. All risk of loss of, or damage to the equipment shall be borne by Customer unless caused by the negligence, willful acts, malfeasance or misconduct of the Company. 8. TAXES. Customer shall pay all taxes, fees or assessments levied on or based upon the Equipment. 9. ASSIGNMENT AND DELEGATION. This Agreement may not be assigned by either party without the other’s prior written consent, which consent may not be unreasonably withheld, conditioned or delayed. 10. SEVERABILITY. Each provision of this Agreement is separable from the whole. If any portion of this Agreement is determined invalid, that invalidity shall not impair the remaining provisions of this Agreement. 11. ENTIRE AGREEMENT; ENFORCEABILITY. This Agreement constitutes the entire agreement between the parties hereto concerning the matters covered herein and supersedes all prior agreements and/or understandings, between the parties, whether written or oral, concerning the matters addressed herein. Each of the parties acknowledge that no other party, nor any agent or attorney of another party, has made any promise, representation, or warranty whatsoever, express or implied, and not contained herein, concerning the subject matter hereof to induce the party to execute or authorize the execution of the Agreement, and acknowledges that the party has not executed or authorized the execution of the Agreement, in reliance upon any such promise, representation or warranty not contained herein. The Agreement may only be amended or modified by written instrument or amendment signed by authorized representatives of both parties. No oral statements of any person whosoever shall, in any manner or to any degree, modify or otherwise affect the terms and provisions of this Agreement. If any provision of this Agreement, or any portion thereof, is held to be invalid and unenforceable, 4 CFPTA Agenda Packet 08/27/201516 the remainder of the Agreement shall nevertheless remain in full force and effect. The then parties acknowledge that each is a sophisticated party, and each has had an opportunity to review (including in consultation with legal counsel) and understand the terms of the Contract. 12. NO THIRD PARTY RIGHTS. This Agreement shall not create any rights or benefits to parties other than Company and Customer. No third party shall have the right to rely on Company opinions rendered in connection with the Services without the written consent of Company and the third party’s agreement to be bound to the same conditions and limitations as Company. Notwithstanding anything in this Agreement to the contrary, Company shall retain sole ownership of its know-how, standard drawing details, specifications, databases, computer software (including, without limitation, software tools) and other proprietary property developed, owned or used by Company independently of the performance of the work or Services. 13. GOVERNING LAW; DISPUTE RESOLUTION. The construction, validity, enforcement and interpretation of this Agreement and the performance of obligations hereunder shall be governed by and construed and enforced in accordance with the internal laws of the State of North Carolina. 14. INSURANCE. A. The amount of insurance to be provided for all coverages listed under this section shall be not less than $1,000,000.00, unless otherwise specified, per occurrence for claims arising from bodily injury and/or property damage, or per claim for professional liability including accidental death which may arise directly or indirectly from COMPANY’s performance of professional services under this contract. COMPANY shall be responsible for any liability directly or indirectly arising out of professional services negligently performed under this contract by a subcontractor which liability is not covered by the subcontractor's insurance. B. COMPANY shall maintain during the life of this contract WORKERS' COMPENSATION and EMPLOYER'S LIABILITY INSURANCE covering all of the COMPANY’S employees to be engaged in the work under this contract, providing the 5 CFPTA Agenda Packet 08/27/201517 ired statutory benefits under North Carolina Workers Compensation Law, and requ Employers Liability Insurance providing limits at least in the amount of $500,000/500,000/500,000 applicable to claims due to bodily injury by accident or disease. Whenever work under this contract includes exposure to claims under the U. S. Longshoremen's and Harborworker's Act, such coverage shall be provided by appropriate endorsement to this policy. C. COMPANY shall take out and maintain during the life of this contract COMMERCIAL GENERAL LIABILITY INSURANCE. Exclusions applicable to explosion, collapse and underground hazards are to be deleted when the work to be performed involves these exposures. The AUTHORITY shall be named as an additional insured under this policy. Unless otherwise specified, this coverage shall be written providing liability limits at least in the amount of $1,000,000, per occurrence, applicable to claims due to bodily injury and/or property damage arising from an occurrence. D. COMPANY shall take out and maintain during the life of this agreement AUTOMOBILE LIABILITY INSURANCE. Such coverage shall be written on a comprehensive form covering owned, non-owned and leased vehicles. E. COMPANY shall require its consultants to maintain all types of insurance as mentioned in this Article and shall provide the AUTHORITY with the proper certificates of insurance for each consultant. F. COMPANY shall furnish the schedule of insurance carried under this contract in the form of a Certificate of Insurance attested by the insurance carrier or appointed agent, indicating the type, amount, class of operations covered, effective date and expiration date of all policies. This Certificate shall be in six (6) counterparts and when the contract is signed by COMPANY, a copy thereof shall be inserted in each copy of the contract documents and upon insertion shall become a part of such documents. The insurance carrier or its agent shall also certify on these documents that it will notify the AUTHORITY by registered mail at least twenty (20) days prior to any cancellation or non-renewal of these coverages. 15. NO FEDERAL GOVERNMENT OBLIGATIONS TO THIRD PARTIES. 6 CFPTA Agenda Packet 08/27/201518 AUTHORITY and Contractor acknowledge and agree that, A. 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. B. 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 OR CLAIMS. A. 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 CFR Part 31, apply to its actions pertaining to this contract. 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. B. The Contractor also acknowledges that if it makes, or causes to be made, a false, fictitious, or fraudulent claim, statement, submission, or certification to the Federal Government under a contract connected with a 7 CFPTA Agenda Packet 08/27/201519 ect that is financed in whole or in part with Federal assistance proj originally awarded by FTA under the authority of 49 U.S.C.§ 5307, the Government reserves the right to impose the penalties of 18 U.S.C. § 1001 and 49 U.S.C. § 5307(n)(1) on the Contractor, to the extent the Federal Government deems appropriate. C. 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 clauses shall not be modified, except to identify the subcontractor who will be subject to the provisions. 17. ACCESS TO RECORDS AND REPORTS. A. 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 United 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. 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)1, which is receiving federal financial assistance through the programs described at 49 U.S.C. 5307, 5309 or 5311. B. 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.C. 5302(a)1, which is receiving federal financial assistance through the programs described at 49 U.S.C. 5307, 5309 or 8 CFPTA Agenda Packet 08/27/201520 . By definition, a major capital project excludes contracts of less than 5311 the simplified acquisition threshold currently set at $100,000. C. 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 United 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. (If applicable) D. Where any Purchaser which is the FTA Recipient or a subgrantee 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)1) 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 authorized officer or employee of any of them for the purposes of conducting an audit and inspection. (If applicable) E. 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. F. 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, 9 CFPTA Agenda Packet 08/27/201521 eals, claims or exceptions related thereto. Reference 49 CFR app 18.39(i)(11). G. FTA does not require the inclusion of these requirements in subcontracts. 18. FEDERAL CHANGES. Contractor shall at all times comply with all FTA regulations, published policies, published procedures and directives applicable to the Services, including without limitation those listed directly or by reference in the Agreement (Form FTA MA (14) dated October 2007) between AUTHORITY and FTA which must be made available to Contractor, as they may be amended or promulgated from time to time and made available to Contractor by AUTHORUTY during the term of this contract. Contractor’s failure to so comply shall constitute a material breach of this contract. 19. TERMINATION OR CANCELLATION OF CONTRACT. A. Termination for Convenience (General Provision): AUTHORITY may terminate this contract, in whole or in part, at any time by written notice to the Contractor when it is in the AUTHORITY’S best interest. The Contractor shall be paid its costs, including contract closeout costs, and profit on work performed up to the time of termination. The Contractor shall promptly submit its termination claim to AUTHORITY. to be paid the Contractor. If the Contractor has any property in its possession belonging to AUTHORITY, the Contractor will account for the same, and dispose of it in the manner AUTHORITY directs. B. Termination for Default \[Breach or Cause\] (General Provision): If the Contractor does not deliver supplies in accordance with the contract delivery schedule, or, if the contract is for services, the Contractor fails to perform in the manner called for in the contract, or if the Contractor fails to comply with any other provisions of the contract, AUTHORITY may terminate this contract for default. Termination shall be effected by serving a notice of termination on the contractor setting forth the manner in which the Contractor is in default. The contractor will only be paid the contract price for supplies delivered and accepted, or services performed in accordance with the manner of performance set forth in the contract. If it is later determined by AUTHORITY 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, AUTHORITY, 10 CFPTA Agenda Packet 08/27/201522 er setting up a new delivery of performance schedule, may allow the Contractor to aft continue work, or treat the termination as a termination for convenience. C. Termination for Default (Construction): If the Contractor refuses or fails to prosecute the work or any separable part, with the diligence that will insure its completion within the time specified in this contract or any extension or fails to complete the work within this time, or if the Contractor fails to comply with any other provisions of this contract, AUTHORITY may terminate this contract for default. AUTHORITY shall terminate by delivering to the Contractor a Notice of Termination specifying the nature of the default. In this event, AUTHORITY may take over the work and complete it by contract or otherwise, and may take possession of and use any materials, appliances, and plant on the work site necessary for completing the work. The Contractor and its sureties shall be liable for any damage to AUTHORITY resulting from the Contractor's refusal or failure to complete the work within specified time, whether or not the Contractor's right to proceed with the work is terminated. This liability includes any increased costs incurred by AUTHORITY in completing the work. The Contractor's right to proceed shall not be terminated nor the Contractor charged with damages under this clause if D. The delay in completing the work arises from unforeseeable causes beyond the control and without the fault or negligence of the Contractor. Examples of such causes include: acts of God, acts of AUTHORITY, acts of another Contractor in the performance of a contract with AUTHORITY, epidemics, quarantine restrictions, strikes, freight embargoes; and E. The contractor, within \[10\] days from the beginning of any delay, notifies AUTHORITY in writing of the causes of delay. If in the judgment of AUTHORITY, the delay is excusable, the time for completing the work shall be extended. The judgment of AUTHORITY shall be final and conclusive on the parties, but subject to appeal under the Disputes clauses. If, after termination of the Contractor's right to proceed, it is determined that the Contractor was not in default, or that the delay was excusable, the rights and obligations of the parties will be the same as if the termination had been issued for the convenience of AUTHORITY. (4) Opportunity to Cure (General Provision): AUTHORITY in its sole discretion may, in the case of a termination for breach or default, allow the 11 CFPTA Agenda Packet 08/27/201523 tractor \[an appropriately short period of time\] in which to cure the defect. In such case, Con the notice of termination will state the time period in which cure is permitted and other appropriate conditions If Contractor fails to remedy to AUTHORITY satisfaction the breach or default or any of the terms, covenants, or conditions of this Contract within \[ten (10) days\] after receipt by Contractor of written notice from AUTHORITY setting forth the nature of said breach or default, AUTHORITY 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 AUTHORITY from also pursuing all available remedies against Contractor and its sureties for said breach or default. (5) Waiver of Remedies for any Breach: In the event that AUTHORITY elects to waive its remedies for any breach by Contractor of any covenant, term or condition of this Contract, such waiver by AUTHORITY shall not limit AUTHORITY' remedies for any succeeding breach of that or of any other term, covenant, or condition of this Contract. 20. CIVIL RIGHTS. A. 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. § 6102, section 202 of the American with Disabilities Act of 1990, 42 U.S.C. § 12132, 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. B. Equal Employment Opportunity Race, Color, Creed, National Origin, Sex In accordance with Title VII of the Civil Rights Act, as amended, 42 U.S.C. § 2000e, 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 (US DOL) regulations, “Office of Federal Contract Compliance Programs, Equal Employment Opportunity, Department of Labor,” 41 CFR Parts 60 et seq., (which implement Executive Order No. 11246 “Equal Employment Opportunity,” as amended by Executive Order No. 12 CFPTA Agenda Packet 08/27/201524 75, “Amending Executive Order 11246 Relating to Equal Employment Opportunity,” 42 113 U.S.C. § 2000e note), and with any applicable Federal statutes, executive orders, regulations, and Federal policies that may in the future 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. C. 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. D. Disabilities In accordance with section 102 of the Americans with Disabilities Act, as amended, 42 U.S.C. § 12112, 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 any implementing requirements FTA may issue. 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. 21. CONTRACTING WITH DISADVANTAGED BUSINESS ENTERPRISES. A. This contract is subject to the requirements of Title 49, Code of Federal Regulations, Part 26, Participation by Disadvantaged Business Enterprises in Department of Transportation Financial Assistance Programs and with section 1101(b) of SAFETEA LU, 13 CFPTA Agenda Packet 08/27/201525 U.S.C. § 101. The Authority’s overall goal for DBE participation is 6.00% for FFY 2012 - 23 2015. A separate contract goal has not been established for this procurement. B. The contractor shall not discriminate on the basis of race, color, national origin, or sex in the performance of this contract. The contractor shall carry out applicable requirements of 49 CFR Part 26 in the award and administration of this DOT-assisted contract. Failure by the contractor to carry out these requirements is a material breach of this contract, which may result in the termination of this contract or such other remedy as the Authority deems appropriate. Each subcontract the contractor signs with a subcontractor must include the assurance in this paragraph (see 49 CFR 26.13(b)). C. Bidders/offerors are required to document and submit with its original bid sufficient DBE participation to meet these goals or, alternatively, document adequate good faith efforts to do so, as provided for in 49 CFR 26.53. No additional DBE information or evidence to meet good faith efforts will be accepted following opening of the bids. Should the DBE participation or good faith efforts to meet DBE participation be inadequate, the bid will be deemed non-responsive and not considered for award. Award of this contract is conditioned on submission of the following concurrent with and accompanying a sealed bid. 1. The names and addresses of DBE firms that will participate in this contract; 2. A description of the work each DBE will perform; 3. The dollar amount of the participation of each DBE firm participating; 4. Written documentation of the bidder/offeror’s commitment to use a DBE subcontractor whose participation it submits to meet the contract goal; 5. Written confirmation from the DBE that it is participating in the contract as provided in the prime contractor’s commitment; or 6. If the overall goal is not met, evidence of good faith efforts to do so. Bidders/Offerors must present the information required above as a matter of responsiveness (see 49 CFR 26.53(3)). D. The contractor is required to pay its subcontractors performing work related to this contract for satisfactory performance of that work no later than 30 days after the 14 CFPTA Agenda Packet 08/27/201526 tractor’s receipt of payment for that work from the Procuring Agency. In addition, these con may apply: • the contractor may not hold retainage from its subcontractors; or • is required to return any retainage payments to those subcontractors within 30 days after the subcontractor's work related to this contract is satisfactorily completed; or • is required to return any retainage payments to those subcontractors within thirty (30) days after incremental acceptance of the subcontractor’s work by the Procuring Agency and contractor’s receipt of the partial retainage payment related to the subcontractor’s work. E. The contractor must promptly notify the Authority whenever a DBE subcontractor performing work related to this contract is terminated or fails to complete its work, and must make good faith efforts to engage another DBE subcontractor to perform at least the same amount of work. The contractor may not terminate any DBE subcontractor and perform that work through its own forces or those of an affiliate without prior written consent of the Authority. 22. INCORPORATION OF FEDERAL TRANSIT ADMINISTRATION (FTA) TERMS. The preceding provisions include, in part, 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 4220.1F, Rev. 4, dated March 18, 2013, 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 knowingly perform any act, fail to perform any act, or reasonably refuse to comply with any written AUTHORITY requests which would reasonably cause AUTHORITY to be in violation of the FTA terms and conditions. 23. AMERICANS WITH DISABILITIES ACT (ADA). The Contractor agrees to comply with all applicable requirements of the Americans with Disabilities Act of 1990 (ADA), as amended, 42 USC § 12101 et seq.; section 504 of the Rehabilitation Act of 1973, as amended, 29 USC § 794; 49 USC § 5301(d); and any implementing requirements FTA 15 CFPTA Agenda Packet 08/27/201527 issue. These regulations provide that no handicapped individual, solely by reason of may his or her handicap, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity included in or resulting from this Agreement. 24. ENERGY CONSERVATION. The Contractor agrees to comply with mandatory standards and policies relating to energy efficiency which are contained in the state energy conservation plan issued in compliance with the Energy Policy and Conservation Act. 25. DEBARMENT AND SUSPENSION. 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 at 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 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. Contractors and subcontractors are also subject to a continuing duty of disclosure. Contractors and subcontractors must provide immediate written notice to AUTHORITY if it learns that a person involved in a covered transaction has been excluded. AUTHORITY must then provide written notice to the Federal Transit Administration. 26. NORTH CAROLINA STATE ETHICS REQUIREMENT. Pursuant to Governor Perdue’s Executive Order # 24, this section should be included in the terms and conditions of all contracts let by the Governor’s Cabinet Agencies and the Office of the Governor: 16 CFPTA Agenda Packet 08/27/201528 “By Executive Order 24, issued by Governor Perdue, and N.C. G.S.§ 133-32, it is A. unlawful for any vendor or contractor ( i.e. architect, bidder, contractor, construction manager, design professional, engineer, landlord, offeror, seller, subcontractor, supplier, or vendor), to make gifts or to give favors to any State employee of the Governor’s Cabinet Agencies (i.e., Administration, Commerce, Correction, Crime Control and Public Safety, Cultural Resources, Environment and Natural Resources, Health and Human Services, Juvenile Justice and Delinquency Prevention, Revenue, Transportation, and the Office of the Governor). This prohibition covers those vendors and contractors who: (1) have a contract with a governmental agency; or (2) have performed under such a contract within the past year; or (3) anticipate bidding on such a contract in the future. For additional information regarding the specific requirements and exemptions, vendors and contractors are encouraged to review Executive Order 24 and G.S. Sec. 133-32. Executive Order 24 also encouraged and invited other State Agencies to implement the requirements and prohibitions of the Executive Order to their agencies. Vendors and contractors should contact other State Agencies to determine if those agencies have adopted Executive Order 24.” To be added near the signature portion of all contracts let by the Governor’s Cabinet Agencies and the Office of the Governor: “N.C.G.S. § 133-32 and Executive Order 24 prohibit the offer to, or acceptance by, any State Employee of any gift from anyone with a contract with the State, or from any person seeking to do business with the State. By execution of any response in this procurement, you attest, for your entire organization and its employees or agents, that you are not aware that any such gift has been offered, accepted, or promised by any employees of your organization.” 27. SENSITIVE SECURITY INFORMATION. Each third party contractor must protect, and take measures to ensure that its subcontractors at each tier protect, “sensitive security information” made available during the administration of a third party contract or subcontract to ensure compliance with “The Homeland Security Act”, as amended, specifically 49 U.S.C. Section 40119(b), The Aviation and Transportation Security Act, as 17 CFPTA Agenda Packet 08/27/201529 nded, 49 U.S.C. § 114(r), U.S. DOT regulations, “Protection of Sensitive Security ame Information,” 49 C.F.R. part 15, and U.S. Department of Homeland Security, Transportation Security Administration regulations, “Protection of Sensitive Security Information,” 49 C.F.R. part 1520. 28. NC E-VERIFY REQUIREMENTS. To ensure compliance with the E-Verify requirements of the General Statutes of North Carolina, all contractors, including any subcontractors employed by the contractor(s), by submitting a bid, proposal or any other response, or by providing any material, equipment, supplies, services, etc., attest and affirm that they are aware and in full compliance with Article 2 of Chapter 64, (NCGS64- 26(a)) relating to the E-Verify requirements by executing and submitting the E-verify Affidavit included in this Invitation for Bids as Attachment E. 29. NOTICES. Any and all notices, demands, or other communications required or desired to be given hereunder by any party shall be in writing (including via electronic mail followed promptly by personal service or United States mail as set forth herein) and shall be validly given or made to another party, if personally served, or if deposited in the United States mail, certified or registered, postage prepaid, return receipt requested. If such notice or demand is served personally, notice shall be deemed constructively made at the time of such personal service. If such notice, demand or other communication is given by mail, such notice shall be conclusively deemed given three (3) days after deposit thereof in the United States mail addressed to the party to whom such notice, demand or other communication is to be given as follows: To Customer: To Company: Cape Fear Public Transportation Authority Piedmont Natural Gas Company, Inc. P.O. Box 12630 4720 Piedmont Row Drive Wilmington, NC 28405-0130 Charlotte, North Carolina 28210 Facsimile: (910) 343-8317 Facsimile: 864-233-6104 Attention: Albert Eby Attention: Stephen V Abernathy, PE 30. LIMITATION OF LIABILITY. In no event will either party or its directors, officers, employees, attorneys, agents, assigns or successors-in-interest be liable to the other party for any damages or liabilities for lost revenue, loss of use, loss of goodwill, loss of reputation, loss of data, costs of recreating lost data, the cost of any substitute equipment, program or data, loss of profits, or indirect, special, incidental, punitive, exemplary or consequential damages of any kind whatsoever even if advised of the possibility of such damages. The maximum aggregate liability of either party arising hereunder will not 18 CFPTA Agenda Packet 08/27/201530 eed the actual amounts paid by Customer to Company in the twelve (12) months exc immediately preceding the claim. \[SIGNATURES ON FOLLOWING PAGE\] 19 CFPTA Agenda Packet 08/27/201531 IN WITNESS WHEREOF, the Parties, intending to be legally bound hereby, have duly executed this Agreement as of the Effective Date. The Parties agree that electronic signatures shall be as effective as if originals, and that this Agreement may be signed in counterparts. CAPE FEAR PUBLIC TRANSPORTATION AUTHORITY _____________________________ Jeff Petroff, PE Chairman ATTEST __________________________ Don Betz Secretary AUTHORITY ACCOUNTANT'S CERTIFICATION: This instrument has been preaudited in the manner required by the Local Government Budget and Fiscal Control Act this the _____ day of ____________, 2015. ___________________________________ Joseph Mininni, CPA CFPTA Finance Director APPROVED AS TO FORM: ________________________________ Charlotte Noel Fox CFPTA Attorney 20 CFPTA Agenda Packet 08/27/201532 TE OF NORTH CAROLINA STA COUNT Y OF NEW HANOVER I, ______________________, a Notary Public do hereby certify that Don Betz personally came before me this day and acknowledged the he is the Secretary of the Cape Fear Public Transportation Authority and that, by authority duly given and as the act of the constituent institutions, the foregoing instrument was signed by its name by its Chairman. WITNESS my hand and official seal this the _______ day of ________________, 2015. _______________________________ Notary Public My commission expires: (SEAL) PIEDMONT NATURAL GAS COMPANY, INC. ____________________________ By ____________________________ Title STATE OF NORTH CAROLINA COUNTY OF NEW HANOVER I, ______________________, a Notary Public do hereby certify that ______________ personally came before me this day and acknowledged the he/she is the _________________ of the Piedmont Natural Gas Company, Inc. and that, by authority duly given and as the act of the constituent institutions, the foregoing instrument was signed by its name by its _______________________. WITNESS my hand and official seal this the _______ day of ________________, 2015. _______________________________ Notary Public My commission expires: (SEAL) 21 CFPTA Agenda Packet 08/27/201533 Cape Fear Public Transportation Authority PO Box 12630 Wilmington, NC 28405 910-343-0106 Fax: 910-343-8317 Purchase Order Vendor Gillig LLC 25864 Clawiter Road Hayward, CA 94545 877-264-4500 Date:4-Aug-15PO #:16-0199 Ship To:Bill To: Cape Fear Public Transportation AuthorityCape Fear Public Transportation Authority 1110 Castle StreetPO Box 12630 Wilmington, NC 28401Wilmington, NC 28405 910-343-0106 For:35' Low Floor CNG Buses per IFB #14-02 QtyPart #DescriptionUnit CostExt cost 4Delete DR 700-$1,570.00-$6,280.00 4Fuel Focus System$460.00$1,840.00 4APX 6500 Radio$5,710.00$22,840.00 4Disc Brakes$3,650.00$14,600.00 Total cost$33,000.00 GL NumberAmountDivisionGrant Code% $FP $FP $FP $FP $FP Accrued Sales Tax 21400$ Sales Tax 12600$ AuthorizedEntered This instrument has been preaudited in the manner required by the Local Government Budget and Fiscal Control Act Jean M. SmithDate Director of Operations CFPTA Agenda Packet 08/27/201534 RESOLUTION _____________________________________________________________________ Introduced by: Albert Eby, Executive Director Date: August 27, 2015 RESOLUTION ADOPTING THE CAPE FEAR TRANSPORTATION 2040 PLAN WHEREAS ,the Cape Fear Public Transportation Authority was created in July 2004 by Joint Resolution of the City of Wilmington and New Hanover County to provide public transportation service throughout the adopted boundary of the Wilmington Urban Area; and WHEREAS , the Wilmington Urban Area Metropolitan Planning Organization provides transportation planning services for the City of Wilmington, Town of Carolina Beach, Town of Kure Beach, Town of Wrightsville Beach, Town of Belville, Town of Leland, Town of Navassa, New Hanover County, Brunswick County, Pender County, Cape Fear Public Transportation Authority and the N.C. Board of Transportation; and WHEREAS ; the Wilmington Urban Area Metropolitan Planning Organization (Wilmington MPO) has established a comprehensive, cooperative and continuing (3-C) transportation planning process to develop an annual unified planning work program, 25-year metropolitan transportation plan, and a metropolitan transportation improvement program (MTIP) to facilitate the expenditure of federal funds; and WHEREAS , the Wilmington MPO has developed the Cape Fear Transportation 2040 plan to satisfy the requirements of the Moving Ahead for Progress in the 21st Century Act (MAP-21) as well as other federal state and local laws mandatinga continuing, cooperative and comprehensive transportation planning activities ; and WHEREAS , the Cape Fear Transportation 2040 plan is a product of a multi-modal, 3-C transportation planning process, compatible with the Wilmington MPO’s long range vision; and WHEREAS , the Cape Fear Transportation 2040 plan is fiscally constrained; and WHEREAS , the Cape Fear Transportation 2040 plan was developed by the Wilmington MPO Citizen Advisory Committee in coordination with local elected and appointed officials, local municipal and county staff, service organizations, and the general public; and WHEREAS , public comments were solicited at regular intervals during the planning process and a 30-day public comment period was held to receive comments on the plan. NOW THEREFORE , be it resolved that the Cape Fear Public Transportation Authorityhereby adopts the Cape Fear Transportation 2040 plan. Adopted a regular meeting onAugust 27,2015 _____________________ Jeffrey B. Petroff, Chairman Attest: _______________________ Don Betz, Secretary (seal) CFPTA Agenda Packet 08/27/201568 Monthly Passenger Summary July 2015 Total Passengers Fixed Route 120,000 100,000 90,000 100,000 80,000 70,000 80,000 60,000 60,000 50,000 40,000 40,000 30,000 20,000 20,000 10,000 0 - JulJul 2014/20152014/2015 94,39088,831 2015/20162015/2016 98,49992,754 ChangeChange 4.35%4.42% Seahawk Shuttle Paratransit 500 6,000 450 5,000 400 - 350 4,000 300 250 3,000 200 150 2,000 100 1,000 50 0 Jul 0 Jul 2014/2015 453 2014/20155,106 2015/2016421 2015/2016 5,324 Change -7.06% Change4.27% CFPTA Agenda Packet 08/27/201569 Passengers by Route June 2016 Fixed Route No. NamePassengersTransfers 101Princess Place16,4822,596 103Oleander East6,8351,135 104Northeast5,357919 105Medical Center7,0301,071 106Shipyard Blvd5,888783 107College Road2,517244 108Market Street5,945840 201Carolina Beach Road10,7481,008 202Monkey Junction7,116794 203Trolley3,897 204Brunswick Connector2,354299 205Longleaf Park6,812712 207North3,021443 209Independence7,451769 301Pleasure Island1,301 TOTAL 92,75411,613 UNCW 701Blue0 712Teal0 702Green0 703Red0 704Yellow0 711Yellow Express0 705Loop224 707Red Express 0 709Loop Express 197 UNCW Total 421 Para-Transit Services ADA Passengers 1,488 Non-ADA Passengers 3,836 Para-Transit Total 5,324 TOTAL PASSENGERS 98,499 CFPTA Agenda Packet 08/27/201570 FIXED ROUTEMONTHLYFiscal Year to Date This Month % Change Ridership Statistics Current% ChangeCurrentPrior Last Year Total Bus Passenger Trips 88,857 83,6176.27% 88,857 83,6176.27% Total Trolley Passenger Trips 3,897 5,214-25.26% 3,897 5,214-25.26% Total UNCW Passenger Trips 421 453-7.06% 421 453-7.06% Total Fixed Route Passenger Trips 93,175 89,284 4.36% 93,175 89,284 4.36% Average Weekday Passenger Trips 3,630 3,4555.07% Average Saturday Passenger Trips 2,292 2,2860.26% Average Sunday Passenger Trips 1,145 1,03210.95% Operating Statistics - Fixed Route Total Revenue Miles 92,045 94,756-2.86% 92,045 94,756-2.86% Total Revenue Hours 6,156 6,377-3.47% 6,156 6,377-3.47% Accidents Non Preventable1 10.00% 1 10.00% Accidents Preventable 110.00%110.00% Passenger Trips/Revenue Mile 1.01 0.947.43%1.010.947.43% Passenger Trips/Revenue Hour 15.14 14.008.10%15.1414.008.10% Operator Overtime2.00%0.92%117.39% Farebox Revenue and Pass Sales$ 82,057$ 79,2343.56%$82,057$79,2343.56% Average Fare per Bus Passenger$ 0.88$ 0.89-0.82%$0.88$0.89-0.82% MONTHLYFiscal Year to Date PARATRANSIT This Month % Change Ridership Statistics Current% ChangeCurrentPrior Last Year Total ADA Passenger Trips1,4881,27516.71%1,4881,27516.71% Total Non ADA Passenger Trips3,8363,8310.13%3,8363,8310.13% Total Paratransit Passenger Trips5,3245,1064.27%5,3245,1064.27% Average Weekday Passenger Trips241246-2.03% Average Saturday Passenger Trips613956.41% Average Sunday Passenger Trips235360.00% Operating Statistics - Paratransit Total Revenue Miles39,58138,5852.58%39,58138,5852.58% Total Revenue Hours2,0622,0411.03%2,0622,0411.03% Accidents Non Preventable000.00%000.00% Accidents Preventable100.00%100.00% Passenger Trips/Revenue Mile0.130.130.00%0.130.131.65% Passenger Trips/Revenue Hour2.582.503.21%2.582.503.21% Operator Overtime1.78%3.70%-51.89% WavePool Passengers4914763.15%4914763.15% Revenue Miles4,2855,136-16.57%4,2855,136-16.57% Revenue Hours88880.00%88880.00% Special Services Greyhound Ticket Revenue$1,904$1,59919.07%$1,904$1,59919.07% Amtrak Passengers36029322.87%36029322.87% Horizon Revenue$846N/A$846N/A CFPTA Agenda Packet 08/27/201571 Cape Fear Public Transportation Authority Statement of Operating Position Date : 7/1/2015 - 7/31/2015 Budget Scenario : 2016 (1) (Board Adopted Original) ActualBudget Variance8%Annual GL account Operating revenues Farebox revenues77,442105,667(28,225)6.11%1,268,000 Passes13,83718,333(4,496)6.29%220,000 Contracted services Fixed Route15,47235,000(19,528)3.68%420,000 Para-Transit63,62955,1678,4629.61%662,000 Total: Operating revenues170,380214,167(43,786)6.63%2,570,000 Nonoperating revenues Subsidies Federal grants158,964295,596(136,632)4.48%3,547,157 State grants14,19162,913(48,722)1.88%754,950 Subsidy from primary government City of Wilmington1,285,000107,0831,177,917100.00%1,285,000 New Hanover County-22,917(22,917)0.00%275,000 Subsidy from other governments101,2508,36592,885100.87%100,375 Local Government Pledged to Capital-(1,250)1,2500.00%(15,000) Other Income4,1719,250(5,079)3.76%111,000 Total: Subsidies1,563,576504,8741,058,70225.81%6,058,482 Total: Revenues and Subsidies 1,733,956719,0401,014,91620.10%8,628,482 Operating expenses Salaries and wages Fixed Route168,905272,350103,4465.17%3,268,204 Para-Transit43,27754,60511,3296.60%655,266 Taxes and benefits Taxes15,49925,3069,8085.10%303,677 Benefits74,19286,75712,5657.13%1,041,078 Fuels and lubricants42,10878,95036,8424.44%947,400 Maintenance10,49044,88534,3961.95%538,624 Tires-11,29211,2920.00%135,500 Communications & Utilities10,66813,2832,6156.69%159,400 Professional services-35,23535,2350.00%422,820 Other services4,3368,4274,0914.29%101,126 Insurance Liability & Property100,00528,875(71,130)28.86%346,500 Auto73,80924,000(49,809)25.63%288,000 Worker Comp32,46517,583(14,882)15.39%211,000 Office supplies and expenses2,7693,5177476.56%42,200 Marketing5474,1423,5951.10%49,700 Other expenses3,2019,8326,6322.71%117,987 Total: Operating expenses 582,269719,040136,7716.75%8,628,482 Net Results 1,151,687 Fund Balance Contributions City of Wilmington157,822157,822-157,822 New Hanover County-157,822(157,822)157,822 Total: Fund Balance Contributed157,822315,644157,822315,644 CFPTA Agenda Packet 08/27/201572 Cape Fear Public Transportation Authority.Page 1 of 18/10/2015 9:18 AM