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HomeMy WebLinkAboutWAVE Agenda Packet 04 25 13 wave Cape Fear Public Transportation Authority A regularly scheduled meeting of the Cape Fear Public Transportation Authority will be held Thursday,April 25, 2013 at 12:00 pm in the Wave Transit Board Room at Forden Station, 505 Cando St.,Wilmington, INC 28405. An agenda for the meeting is presented below. MEETING AGENDA 1) Call to Order 2) Moment of silence 3) Pledge of Allegiance 4) Employee safety awards 5) System safety award 6) Consent agenda 05 minutes 1. Approval of minutes from the March 21, 2013 meeting (p. 3) 7) Public comment period 10 minutes 8) Committee Reports 15 minutes • Executive Committee, Mr. David Scheu, Chairman • Planning &Operations Committee, Mr. Henry Adams, Chair • Route 101 update • March 2013 operating & statistical reports (p. 7) • Finance & Budget Committee, Mr. George Dolan, Chair • Local funding options to improve cash flow update • March 2013 Financial Report (p. 10) • FY 2013 Audit contract with McGladrey (p. 11) • Facilities Committee, Mr. Jeff Petroff, Chair • Contract for Operations Center construction with Clancy&Theys Construction Co. (p. 23) • Contract for Operations Center materials testing with ECS Carolinas (p. 31) 9) Staff Report • Legislative update • Presentation to New Hanover County Commissioners • Second Street transfer location 10) Old business 11) New business 12) Adjournment The next meeting of the Cape Fear Public Transportation Authority is scheduled for Thursday, May 23,2013, at 12:00 pm in the Wave Transit Board Room at Forden Station, 505 Cando St., Wilmington, INC 28405. Authority members will be transported to the site of the Wave Transit Operations Center for a groundbreaking as part of the May 23, 2013 meeting,weather permitting. Supplemental Information: 1. Letter NCDOT PTD Director Teresa Hart(p.65) 2. Letter to Mayor Bill Saffo and Wilmington City Council(p.66) 3. Azalea festival parade shuttle report(p.67) CFPTA Agenda Packet 04/25/2013 1 wave CONSENT AGENDA The following items are attached for consideration. A brief explanation and recommendation follows: 1) Approval of minutes from the March 21,2013 meeting(p. 3) CFPTA Agenda Packet 04/25/2013 2 wave Cape (Fear Public Transportation Authority MINUTES OF THE CAPE FEAR PUBLIC TRANSPORTATION AUTHORITY March 21, 2013 Mr. David Scheu, Chair, Presiding MEMBERS PRESENT Mr. David Scheu, Chairman Mr. Henry Adams, Vice Chairman Mr. Don Betz, Secretary Mr. Bill Bryden Mr. George Dolan Mr. Chris Hawkins Mr. Kevin O'Grady Mr. Jeff Petroff MEMBERS ABSENT Mr. Jonathan Barfield Mr. Euran Daniels STAFF PRESENT Mr. Albert Eby, Executive Director Ms. Megan Matheny, Director of Planning & Development Mr. Joe Mininni, Director of Finance &Administration Ms. Jean Smith, Director of Operations Ms. Kathy Williams, Board & Customer Service Clerk CONTRACT MANAGEMENT STAFF PRESENT Mr. Andrew Olsen, Attorney Mr. Chris Greenman, Fixed Route Operations Manager Mr. Jeremy Miller, Fixed Route Maintenance Manager Mr. Johnton Arthur, Wave Bus Operator Ms. Sherry Jordan, Wave Bus Operator Ms. Michael Wyatt, Wave Bus Operator GUESTS PRESENT Mr. Adam Wagner, Starnews Ms. Sue Powell, NCDOT Mr. Johnny Lewis Jr., Citizen Mr. Ricky Meeks, Citizen CALL TO ORDER • Chairman Scheu called the meeting to order at 12:04 pm • The board meeting began with a moment of silence followed by reciting the Pledge of Allegiance PRESENTATIONS • Mr. Scheu recognized Mr. Eby to present driver safety awards • Mr. Eby recognized Mr. Greenman to present the awards • Mr. Wyatt was recognized for ten years of service without any preventable accidents • Ms. Jordan was recognized for ten years of service without any preventable accidents CFPTA Agenda Packet 04/25/2013 3 • Mr. Arthur was recognized for twelve years of service without any preventable accidents • Each driver was presented with a safety pin, certificate and a gift card CONSENT AGENDA • Mr. Scheu presented the March 2013 consent agenda for approval • Mr. Betz made a motion to accept the February 2013 consent agenda • Mr. Adams seconded and the motion carried unanimously PUBLIC COMMENT • Mr. Scheu opened the public comment period • Mr. Lewis stated that the drivers have been doing a wonderful job remaining professional dealing with the route restructuring • Mr. Meeks thanked the board for the Carolina Beach route and the routes to the Brunswick County schools EXECUTIVE COMMITTEE • Mr. Scheu stated the committee did not meet PLANNING & OPERATIONS COMMITTEE • Mr. Scheu recognized Mr. Adams to give the committee report • Mr. Adams stated that since the restructuring and fare increase ridership has decreased nine and one-half percent • The drop was expected and the committee would continue to follow ridership trends • Mr. Adams stated minor modifications to the 103, 104, 202, & 204 will begin on April 7, 2013 • Mr. Adams said that the committee was considering suggestions submitted regarding the Creekwood inner loop • Mr. Adams stated that Creekwood area stops averaged around twelve passengers Monday through Friday and two and one-half passengers on weekends • He stated that the data was collected using two methods for the period between adoption of the short range plan and the restructured route implementation • Mr. Adams stated that the data submitted by Nelson & Nygaard appear to be accurate and support the data regarding low ridership figures in the Creekwood neighborhood • The committee does recommend restoring service to the Creekwood inner loop at this time but will continue to monitor the situation • Mr. Adams said that the committee will closely monitor this area for an increase in ridership at the bus stop at Princess Place and 30th Street • Mr. O'Grady asked, how much time would be added to the route if stops were added • Mr. Eby stated that it could be anywhere between four to eight minutes depending on how far the bus would travel on the inner loop and where it could turn around • Mr. Eby also stated that any added time could result in missed connections at Forden Station which was the impetus for the change • Mr. O'Grady would like for staff to continue to evaluate the Creekwood area due to the reconstruction of some Creekwood housing units • He stated that with more people moving back into the area there could be a need for some bus service to be restored to Creekwood • Mr. Eby said that staff would monitor Route 101 for ridership and continue to look for options • Mr. Betz made a motion to restore at least one stop on Thirtieth St. on the Creekwood inner loop • Mr. O'Grady seconded for discussion • Mr. Scheu suggested that staff investigate the feasibility of buses to be able to maintain their scheduled time and if area buses would be able to operate efficiently with the added stop CFPTA Agenda Packet 04/25/2013 4 • Mr. Scheu made an amendment to Mr. Betz's motion for staff to investigate if a route is feasible from Princess Street to Thirtieth St. and if it is then begin the process of a trial stop into Creekwood • Mr. O'Grady seconded and the motion carried unanimously • Mr. Adams said that the route restructuring has led to an unforeseen parking situation at the Downtown Station located at Second & Princess Streets • At times, buses are not able to pull to the curb on Second Street due to cars parking along the street • The situation has led to instances of double parking and is becoming a safety issue • Mr. Scheu directed staff to draft a letter to the Mayor and City Council requesting additional bus stalls on Second St. which would require the removal of three paid parking spaces FINANCE & BUDGET COMMITTEE • Mr. Scheu recognized Mr. Dolan to give the committee report • Mr. Dolan presented a resolution to be submitted to the city and county, requesting a line of credit for a short term loan for the Authority in December and May that is to be paid within 120 days of receiving the payment • Mr. Betz made a motion to accept the resolution for the short term loan presented from the committee • Mr. O'Grady seconded for discussion • Mr. Mininni stated that he had begun discussing the request of a loan of$100,000 from the county and $300,000 from the city twice annually • Mr. Betz suggested submitting a letter to support the request for the loan • Chairman Scheu called the question which carried unanimously • Mr. Dolan recognized Mr. Mininni to give an update on the talks with Brunswick County officials • Mr. Mininni said that he spoke with the three funding partners from Brunswick County asking them to come together as a group to sign three year commitment for transit services equal to 25% of the Brunswick Connector route • The $92,000 was for operating and an additional 10% to cover capital contributions for replacement of the vehicle used to serve the route • Mr. Eby recognized Mr. Mininni for leading the important effort and officials from Brunswick County, the Towns of Leland and Navassa for their support of public transportation FACILITIES COMMITTEE • Mr. Scheu recognized Mr. Petroff to give the committee report • Mr. Petroff is stated that the Authority's procurement policy does not allow award of a contract when an unresolved protest exists • An award for construction of the operations center had been protested by a bidder claiming the low bid was not responsive to the Invitation for bid • Mr. Petroff stated the process was progressing in accordance with the Authority's protest policies and procedures and a resolution to the situation would hopefully lead to an award in April • He stated that until an award was imminent, the asbestos removal issue could also not be adequately addressed • He stated that the CNG process was progressing and the committee was near a resolution to award a contract for design STAFF REPORT • Mr. Scheu recognized Mr. Eby to present the staff report • Mr. Eby stated that House Bill 236 had been introduced in the NC General Assembly • The bill would allow public authorities to acquire permanent license plates • He stated that he had spoken with Rep. Davis who agreed to help the Authority with the bill CFPTA Agenda Packet 04/25/2013 5 • Mr. Eby said that the Governor's budget cut state public transportation support by two percent OLD BUSINESS • Mr. Dolan inquired about the DSS Non-Emergency Medical Transportation • Mr. Eby said that proposals had been received by NC DHHS and review was underway • Due to the complexity involved with implementing a statewide brokerage, the target date of July 01, 2013 appears unlikely • Mr. Dolan also inquired about the Wilmington Multimodal Transportation Center • Mr. Eby stated that he was working with Ms. Padgett and the WMPO to get the state to move forward with the project NEW BUSINESS • Chairman Scheu stated that as the April meeting got closer, staff and the Faicilities Committee would recommend a date for the ground breaking for the Operations Center ADJOURN • Mr. Betz made a motion to adjourn the March 21, 2013 board meeting • Mr. Bryden seconded and carried unanimously SCHEDULING OF NEXT MEETING • The Authority's next meeting is scheduled for April 25, 2013 at 12:00 pm in the Forden Station Board Room �Respectfully Submitted, Albert Eby Executive Director /kw CFPTA Agenda Packet 04/25/2013 6 Monthly Passenger Summary March 2013 Total Passengers Fixed Route 180.000 140.000 160.000 120.000 140.000 100.000 y 120.000 100.000 80.000 d y 80.000 60.000 m A a 60.000 a 40.000 40.000 20.000 20.000 0 July Aug Sept Oct Nov Dec Jan Feb Mar July Aug Sept Oct Nov Dec Jan Feb Mar ■2011/2012 102.962123.455164.847 157.260 145.050 22,366 140,314 155.065 146.067 ■2011/2012 95.768 103.30 110.48 108.82 100.06 99.325 106.59 109.55 110.89 02012/2013 108.152135.470155.461 170.712147.877 113.003145.933138.411 126.975 ■2012/2013 102,054 112,743 109.078121.151 103.736 96.608 107.954 91.507 95.020 o Change 5.04% 9.73% -5.69% 8.55% 1.95% -7.65% 4.00% -10.74%-13.07% oChange 6.56% 9.13% -1.27% 11.33% 3.67% -2.74% 1.27% -16.47%-14.31% Seahawk Shuttle Paratransit 50.000 8.000 45.000 7.000 40.000 6.000 y 35.000 y a 30.000 5.000 25.000 4.000 m 20.000 y 3.000 a a 15.000 10.000 2.000 5.000 1.000 6 July Aug Sept Oct Nov Dec Jan Feb Mar 6 July Aug Sept Oct Nov Dec Jan Feb Mar ■2011/2012 1,071 12,956 47,363 41,535 38,511 16,657 26,930 38,181 27,968 ■2011/2012 6,123 7,191 7,003 6,904 6,479 6,384 6,786 7,331 7,207 ■2012/2013 814 16,519 41,252 44,017 39,730 12,607 33,171 42,203 27,084 ■2012/2013 5,284 6,208 5,131 5,544 4,411 3,788 4,808 4,701 4,871 o Change -24.00 27.50% -12.90 5.98% 3.17% -24.31 23.17%10.53%-3.16% oChange -13.70 -13.67 -26.73 -19.70 -31.92 -40.66 -29.15 -35.88 -32.41 CFPTA Agenda Packet 04/25/2013 7 Passengers by Route March 2013 Fixed Route No. Name Passengers Transfers 101 Princess Place 16,435 2,553 103 Oleander East 6,236 930 104 Northeast 5,886 1,372 105 Medical Center 7,383 1,247 106 Shipyard Blvd 7,047 1,043 107 College Road 1,933 304 108 Market Street 5,843 979 201 Carolina Beach Road 10,703 1,048 202 Monkey Junction 7,565 868 203 Trolley 4,682 204 Brunswick Connector 2,163 316 205 Longleaf Park 7,374 765 207 North 3,596 420 209 Independence 7,322 776 301 Pleasure Island 852 TOTAL 95,020 12,621 UNCW 701 Blue 1,057 701 Teal 2,748 702 Green 4,347 703 Red 3,918 704 Yelow 2,869 705 Loop 1,286 706 Point to Point 178 707 Red Express 1 8,601 709 Loop Express 1 1,962 709 CMS 118 UNCW Total 27,084 Para-Transit Services ADA Passengers 1,150 Non-ADA Passengers 3,721 Para-Transit Total 4,871 TOTAL PASSENGERS 126,975 CFPTA Agenda Packet 04/25/2013 8 CAPE FEAR PUBLIC TRANSPORTATION AUTHORITY MONTHLY OPERATIONS REPORT March 2013 ff Viz,.,J3, .f 1l"t ICCSE S i 'n �, ..- x �,• , y,..r, x �, 1- r, �� r.- ����tSa.l ��Y ,� -.-1 r, x����tSs�?r��J ';}, x ���� is�?r� � `i _ ���/Iss ��� - rr is � - � -��r tSs�� �i Total Bus/Trolley Passenger Trips 95020 110892 -14.31% 939851 954202 -1.50% Total UNCW Passenger Trips 27084 27968 -3.16% 257397 251172 2.48% VA t� t Average Weekday Passenger Trips 3688 4106 -10.18% Average Saturday Passenger Trips 1879 1907 -1.47% ts, t Average Sunday Passenger Trips 698 861 -18.93% � Total Revenue Miles 94537 120151 -21.32% 860936 947351 -9.12% Total Revenue Hours 7327 8490 -13.70% 59675 66418 -10.15% Accidents Non Preventable 2 3 -33.33% 11 12 -8.33% Accidents Preventable 2 2 0.00% 13 8 62.50% Passenger Trips/Revenue Mile 1.29 1.16 11.76% 1.39 1.27 9.30% Passenger Trips/Revenue Hour 16.66 16.36 1.89% 20.06 18.15 10.55% Operator Overtime 5.08% 1.06% 379.25% Farebox Revenue 1 $75,887 $76,563 -0.88% $630,818 $587,719 7.33% Average Fare per Bus Passenger 1 $0.801 $0.69 15.67% $0.671 $0.62 8.97% r ts� Is, ts, x r ts, Total ADA Passenger Trips 1150 1829 -37.12% 10418 14654 -28.91% Total Non ADA Passenger Trips 3721 5378 -30.81% 34328 46936 -26.86% efts �' 2 f s• tt Average Weekday Passenger Trips 224 321 -30.22% Average Saturday Passenger Trips 27 75 -64.000 Average Sunday Passenger Trips 6 7 -14.29% Total Revenue Miles 35843 57748 -37.93% 238451 347791 -31.44% Total Revenue Hours 1969 3915 -49.71% 13933 22577 -38.29% Accidents Non Preventable 1 3 -66.67% 3 6 -50.00% Accidents Preventable 0 1 -100.00% 4 2 100.00% Passenger Trips/Revenue Mile 0.14 0.12 8.89% 0.19 0.18 5.97% Passenger Trips/Revenue Hour 2.47 1.84 34.38% 3.21 2.73 17.72% Operator Overtime 1.80% 3.30% -45.45% " Greyhound Ticket Sales $4,362 N/A N/A $34,212 N/Ax N/A Amtrak Passengers On and Off 104 N/A N/A 297 N/A N/A CFPTA Agenda Packet 04/25/2013 9 CAPE FEAR PUBLIC TRANSPORTATION AUTHORITY Operating Fund Proforma Schedule of Revenues and Expenditures- Budget and Actual(Non-GAAP) Period Ended March 31,2013 Year Variance 75.00% Current Amended to date Positive %of Month Budget Actual (Negative) Budget Actual Operating revenues Farebox revenues $ 980,000 $ 737,527 $ (242,473) 75.26 $ 84,270 Governmental contracted services* 1,393,480 1,015,840 (377,640) 7290 146,624 Other contracted services 17,500 14,334 (3,166) 8191 1,139 Total operating revenues 2,390,980 1,767,701 (623,279) 7393 $ 232,033 Operating expenses/expenditures Labor 3,884,877 2,634,157 1,250,720 67.81 312,410 Fringe benefits 1,129,228 951,432 177,796 84.26 86,020 Fuel and lubricants 1,192,666 838,466 354,200 70.30 89,186 Vehicle maintenance 703,700 468,404 235,296 66.56 61,757 Purchased services 383,259 262,874 120,385 68.59 27,173 Insurance 249,622 217,141 32,481 8699 - Advertising 46,200 23,108 23,092 50.02 12,432 Tires and tubes 146,500 80,558 65,942 5499 4,790 Utilities 65,844 58,574 7,270 8896 9,427 Shop supplies 20,000 4,799 15,201 24.00 42 Office supplies 33,000 28,569 4,431 86.57 1,709 Other operating expenses 210,199 180,488 29,711 85.87 7,270 Total operating expenses/expenditures 8,065,095 5,748,570 2,316,525 71.28 612,216 Excess of operating expenses/ expenditures over revenues (5,674,115) (3,980,869) 1,693,246 70.16 (380,183) Nonoperating revenues Federal grants 3,097,304 1,982,686 (1,114,618) 64.01 271,429 State grants 1,068,306 927,767 (140,539) 86.84 10,056 Operating subsidy from primary 1,185,150 1,174,362 (10,788) 99.09 923 Operating subsidies from other governments 323,355 323,355 - 100.00 - Other income - - - Total nonoperating revenues 5,674,115 4,408,170 (1,265,945) 77.69 282,408 Excess of revenues over expenditures - $ 427,301 427,301 $ (97,775) CFPTA Agenda Packet 04/25/2013 10 cG drey LLP 300 N 3"St fP Fluor P.O.Box.9730 McGladrey Wilmington,NC 284021730 0910.762.9671 F910.762.9206 www.mggladrey.corn March 11, 2013 Board of Directors Albert Eby, Executive Director Joseph Mininni, Finance Director Cape Fear Public Transportation Authority Wilmington, North Carolina Attention: Chairperson The Objective and Scope of the Audit of the Financial Statements You have requested that we audit the financial statements of Cape Fear Public Transportation Authority, (the "Authority"), which comprise business-type activities and major fund and aggregate remaining fund information as of and for the year-ended June 30, 2013 which collectively comprise the basic financial statements.We are pleased to confirm our acceptance and our understanding of this audit engagement by means of this letter. Ou-audit will be conducted with the objective of our expressing an opinion on the financial statements. We will also perform the audit of Cape Fear Public Transportation Authority as of June 30, 2013, so as to satisfy the audit requirements imposed by the Single Audit Act and the U. S. Office of Management and Budget(OMB) Circular No. A-133 and the State Single Audit Implementation Act. The Responsibilities of the Auditor We will conduct our audit in accordance with auditing standards generally accepted in the United States of America (GAAS); "Government Auditing Standards" issued by the Comptroller General of the United States; the provisions of the Single Audit Act, OMB Circular A-133, and OMB's Compliance Supplement and the State Single Audit Implementation Act.Those standards, circulars, supplements, and Act require that we plan and perform the audit to obtain reasonable assurance about whether the financial statements are free from material misstatement.An audit involves performing procedures to obtain audit evidence about the amounts and disclosures in the financial statements. The procedures selected depend on the auditor's judgment, including the assessment of the risks of material misstatement of the financial statements, whether due to fraud or error. An audit also includes evaluating the appropriateness of accounting policies used and the reasonableness of significant accounting estimates made by management, as well as evaluating the overall presentation of the financial statements. Because of the inherent limitations of an audit, together with the inherent limitations of internal control, an unavoidable risk that some material misstatements may not be detected exists, even though the audit is proaerly planned and performed in accordance with GARS.Also, an audit is not designed to detect errors or fraud that are immaterial to the financial statements. The determination of abuse is subjective; the.-efore, Government Auditing Standards do not expect us to provide reasonable assurance of detecting abuse. �FiP�A'i#.g��a�adceE,Eik�?�E� ;er�c .:ns_sfstir«€¢a �wig..�=•tia=: fir„ 11 Board of Directors Cape Fear Public Transportation Authority March 11, 2013 Page 2 In making our risk assessments, we consider internal control relevant to the Authority's preparation and fair presentation of the financial statements in order to design audit procedures that are appropriate in the circumstances but not for the purpose of expressing an opinion on the effectiveness of the entity's internal control. However, we will communicate to you in writing concerning any significant deficiencies or material weaknesses in internal control relevant to the audit of the financial statements that we have identified during the audit. We will also communicate to the board of directors (a) any fraud involving senior management and fraud (whether caused by senior management or other employees)that causes a material misstatement of the financial statements that becomes known to us during the audit, and (b) any instances of noncompliance with laws and regulations that we become aware of during the audit(unless they are clearly inconsequential). The funds that you have told us are maintained by the Authority and that are to be included as part of our audit are listed here. • Enterprise Operating Fund • Capital Project Fund - Enterprise The Authority has not identified any component units whose financial statements are to be included as part of or excluded from the Authority's basic financial statements. The federal and state financial assistance programs that you have told us that the Authority participates in and that are to be included as part of the single audit are the same ones in the Schedule of Expenditures of Federal and State Awards for the year ended June 30, 2012 included in the Authority's June 30, 2012 comprehensive annual financial report(CAFR). Our reports on internal control will include any significant deficiencies and material weaknesses in controls of which we become aware as a result of obtaining an understanding of internal control and performing tests of internal control consistent with requirements of the standards and circulars identified above. Our reports on compliance matters will address material errors, fraud, abuse, violations of compliance obligations, and other responsibilities imposed by state and federal statutes and regulations or assumed by contracts, and any state or federal grant, entitlement, or loan program questioned costs of which we become aware, consistent with requirements of the standards and circulars identified above. CFPTA Agenda Packet 04/25/2013 12 Board of Directors Cape Fear Public Transportation Authority March 11, 2413 Page 3 The Responsibilities of Management and Identification of the Applicable Financial Reporting Framework Our audit will be conducted on the basis that management and when appropriate, those charged with governance, acknowledge and understand that they have responsibility: a. For the preparation and fair presentation of the financial statements in accordance with accounting principles generally accepted in the United States of America; b. For the design, implementation, and maintenance of internal control relevant to the preparation and fair presentation of financial statements that are free from material misstatement, whether due to fraud or error; c. For establishing and maintaining effective internal control over financial reporting and for informing us of all significant deficiencies and material weaknesses in the design or operation of such controls of which it has knowledge; d. For identifying and ensuring that the entity complies with the laws and regulations applicable to its activities, and for informing us about all known material violations of such laws or regulations. In addition, management is responsible for the design and implementation of programs and controls to prevent and detect fraud, and for informing us about all known or suspected fraud affecting the entity involving management, employees who have significant roles in internal control, and others where the fraud could have a material effect on the financial statements. Management is also responsible for informing us of its knowledge of any allegations of fraud or suspected fraud affecting the entity received in communications from employees,former employees, analysts, regulators, or others; e. For (a) making us aware of significant vendor relationships where the vendor is responsible for program compliance, (6)following up and taking corrective action on audit findings, including the preparation of a summary schedule of prior audit findings, and a corrective action plan, and (c) report distribution including submitting the reporting package(s);and f. To provide us with: (1) Access to all information of which management is aware that is relevant to the preparation and fair presentation of the financial statements such as records, documentation, and other matters; (2) Additional information that we may request from management for the purpose of the audit; (3) Unrestricted access to persons within the entity from whom we determine it necessary to obtain audit evidence; (4) When applicable, a summary schedule of prior audit findings for inclusion in the single audit reporting package; and (5) If applicable, responses to any findings reported on the schedule of findings and questioned costs. As part of our audit process, we will request from management and when appropriate, those charged with governance, written confirmation concerning representations made to us in connection with the audit including among other items: a. That management has fulfilled its responsibilities as set out in the terms of this letter; and b. That it believes the effects of any uncorrected misstatements aggregated by us during the current engagement and pertaining to the latest period presented are immaterial, both individually and in the aggregate, to the financial statements taken as a whole. CFPTA Agenda Packet 04/25/2013 13 Board of Directors Cape Fear Public Transportation Authority March 11, 2013 Page 4 Management is responsible for identifying and ensuring that Authority complies with the laws and regulations applicable to its activities, and for informing us about all known material violations of such laws or regulations. In addition, management is responsible for the design and implementation of programs and controls to prevent and detect fraud or abuse, and for informing us about all known or suspected fraud or abuse affecting the entity involving management, employees who have significant roles in internal control, and others where the fraud or abuse could have a material effect on the financial statements or compliance. Management is also responsible for informing us of its knowledge of any allegations of fraud or abuse or suspected fraud or abuse affecting the entity received in communications frorn employees,former employees, analysts, regulators, short sellers, or others. Management is responsible for the preparation of the supplementary information in accordance with accounting principles generally accepted in the United States of America. Management agrees to include the auditor's report on the supplementary information in any document that contains the supplementary information and that indicates that the auditor has reported on such supplementary information. Management also agrees to present the supplementary information with the audited financial statements or, if the supplementary information will not be presented with audited financial statements, to make the audited financial statements readily available to the intended users of the supplementary information no later than the date of issuance of the supplementary information and the auditor's report thereon. The board of directors are responsible for informing us of its views about the risks of fraud or abuse within the entity, and its knowledge of any fraud or abuse or suspected fraud or abuse affecting the entity. Cape Fear Public Transportation Authority agrees that it will not associate us with any public or private securities offering without first obtaining our consent.Therefore, Cape Fear Public Transportation Authority agrees to contact us before it includes our reports or otherwise makes reference to us, in any public or private securities offering. Our association with an official statement is a matter for which separate arrangements will be necessary. Cape Fear Public Transportation Authority agrees to provide us with printer's proofs or masters of such offering documents for our review and approval before printing and with a copy of the final reproduced material for our approval before it is distributed. In the event our auditor/client relationship has been terminated when Cape Fear Public Transportation Authority seeks such consent, we will be under no obligation to grant such consent or approval. We agree that our association with any proposed offering is not necessary, providing Cape Fear Public Transportation Authority agrees to clearly indicate that we are not associated with the contents of any such official statement or memorandum. Cape Fear Public Transportation Authority agrees that the following disclosure will be prominently displayed in any such official statement or memorandum: McGladrey LLP, our independent auditor, has not been engaged to perform, and has not performed, since the date of its report included herein, any procedures on the financial statements addressed in that report. McGladrey LLP, also has not performed any procedures relating to this official statement or memorandum. Because McGladrey LLP will rely on Cape Fear Public Transportation Authority and its management and its board of directors to discharge the foregoing responsibilities, Cape Fear Public Transportation Authority holds harmless and releases McGladrey LLP, its partners, and employees from all claims, liabilities, losses, and costs arising in circumstances where there has been a knowing misrepresentation by a member of Cape Fear Public Transportation Authority's management which has caused, in any respect, McGladrey LLP's breach of contract or negligence.This provision shall survive the termination of this arrangement for services. CFPTA Agenda Packet 04/25/2013 14 Board of Directors Cape Fear Public Transportation Authority March 11, 2013 Page 5 Cape Fear Public Transportation Authority's Records and Assistance If circumstances arise relating to the condition of the Authority's records, the availability of appropriate audit evidence, or indications of a significant risk of material misstatement of the financial statements be3ause of error, fraudulent financial reporting, or misappropriation of assets, which in our professional judgment, prevent us from completing the audit or forming an opinion, we retain the unilateral right to take any course of action permitted by professional standards, including declining to express an opinion, issue a report, or withdraw from the engagement. During the course of our engagement, we may accumulate records containing data that should be reflected in the Authority's books and records.The Authority will determine that all such data, if ne,essary, will be so reflected.Accordingly, the Authority will not expect us to maintain copies of such records in our possession. The assistance to be supplied by Authority personnel, including the preparation of schedules and analyses of accounts, has been discussed and coordinated with Joe Mininni, Finance Director. The timely and accurate completion of this work is an essential condition to our completion of the audit and issuance of our audit report. In connection with our audit, you have requested us to perform certain non-audit services necessary for the preparation of the financial statements, including the preparation of the draft financial statements that are based on management's chart of accounts and trial balance and any adjusting, correcting, and cicsing entries that has been approved by management and assisting in the preparation of draft notes to the financial statements based on information provided and approved by management. The independence standards of the"Government Auditing Standards" issued by the Comptroller General of the United States GAS require that the auditor maintain independence so that opinions,findings, conclusions,judgments, and recommendations will be impartial and viewed as impartial by reasonable and informed third parties. Before we agree to provide a non-audit service to Cape Fear Public Transportation Authority, we determine whether providing such a service would create a significant threat to our independence for GAS audit purposes, either by itself or in aggregate with other non-audit services provided.A critical component of our determination is consideration of management's ability to effectively oversee the non-audit service to be performed. Cape Fear Public Transportation Authority has agreed that Joe Mininni, Finance Director possesses suitable skill, knowledge, or experience and that the individual understands the drafting of the financial statements and notes services to be performed sufficiently to oversee them. Accordingly, the management of Cape Fear Public Transportation Authority agrees to the following: 1. Cape Fear Public Transportation Authority has designated Joe Mininni, Finance Director, a senior member of management, who possesses suitable skill, knowledge, and experience to oversee the services. 2. Joe Mininni, Finance Director will assume all management responsibilities for subject matter and scope of the drafting of the financial statements and notes. 3. Cape Fear Public Transportation Authority will evaluate the adequacy and results of the services performed. 4. Cape Fear Public Transportation Authority accepts responsibility for the results and ultimate use of the services. CFPTA Agenda Packet 04/25/2013 15 Board of Directors Caoe Fear Public Transportation Authority March 11, 2013 Page 6 GAS further requires we establish an understanding with the management(and those charged with governance)of Cape Fear Public Transportation Authority of the objectives of the non-audit service,the services to be performed, the entity's acceptance of its responsibilities, the auditor's responsibilities, and any limitations of the non-audit service.We believe this letter documents that understanding. Other Relevant Information Frern time to time and depending upon the circumstances, we may use third-party service providers to assist us in providing professional services to you. In such circumstances, it may be necessary for us to disclose confidential client information to them.We enter into confidentiality agreements with all third- party service providers and we are satisfied that they have appropriate procedures in place to prevent the unauthorized release of your confidential information to others. In accordance with Government Auditing Standards, a copy of our most recent peer review report and applicable letter of comment is enclosed, for your information. Fees, Costs, and Access to Workpapers Our fees for the audit and accounting services described above are based upon the value of the services performed and the time required by the individuals assigned to the engagement, plus direct expenses. Our fee for the services described in this letter will not exceed $17,340. Our fee estimate and completion of our work is based upon the following criteria: a. Anticipated cooperation from Authority personnel b. Timely responses to our inquiries c. Timely completion and delivery of client assistance requests d. Timely communication of all significant accounting and financial reporting matters e. The assumption that unexpected circumstances will not be encountered during the engagement If any of the aforementioned criteria are not met, then fees may increase. Interim billings will be submitted as work progresses and as expenses are incurred. Billings are due upon submission. Our professional standards require that we perform certain additional procedures, on current and previous years'engagements, whenever a partner or professional employee leaves the firm and is subsequently employed by or associated with a client in a key position. Accordingly, the Authority agrees it will compensate McGladrey LLP for any additional costs incurred as a result of the Authority's employment of a partner or professional employee of McGladrey LLP. In the event we are requested or authorized by Cape Fear Public Transportation Authority or are required by government regulation, subpoena, or other legal process to produce our documents or our personnel as witnesses with respect to our engagement for Cape Fear Public Transportation Authority, Cape Fear Public Transportation Authority will, so long as we are not a party to the proceeding in which the information is sought, reimburse us for our professional time and expenses, as well as the fees and expenses of our counsel, incurred in responding to such requests. CFPTA Agenda Packet 04/25/2013 16 Board of Directors Cape Fear Public Transportation Authority Ma7ch 11, 2013 Page 7 The documentation for this engagement is the property of McGladrey LLP. However, you acknowledge and grant your assent that representatives of the cognizant or oversight agency or their designee, other go,:=ernment audit staffs, and the U.S. Government Accountability Office shall have access to the audit documentation upon their request and that we shall maintain the audit documentation for a period of at least three years after the date of the report, or for a longer period if we are requested to do so by the cocnizant or oversight agency.Access to requested documentation will be provided under the supervision of McGladrey LLP audit personnel and at a location designated by our Firm. Claim Resolution Cape Fear Public Transportation Authority and McGladrey LLP agree that no claim arising out of services rendered pursuant to this agreement shall be filed more than two years after the date of the audit report issued by McGladrey LLP or the date of this arrangement letter if no report has been issued. Cape Fear Public Transportation Authority waives any claim for punitive damages. McGladrey LLP's liability for all claims, damages and costs of Cape Fear Public Transportation Authority arising from this engagement is limited to the amount of fees paid by Cape Fear Public Transportation Authority to McGladrey LLP for the services rendered under this arrangement letter. Reporting We will issue a written report upon completion of our audit of Cape Fear Public Transportation Authority's financial statements. Our report will be addressed to the board of directors of Cape Fear Public Transportation Authority.We cannot provide assurance that an unmodified opinion will be expressed. Circumstances may arise in which it is necessary for us to modify our opinion, add an emphasis-of-matter or other-matter paragraph(s), or withdraw from the engagement. In addition to our report on Cape Fear Public Transportation Authority's financial statements, we will also issue the following types of reports: • A report on the fairness of the presentation of Cape Fear Public Transportation Authority's schedule of expenditures of federal awards for the year ending June 30, 2013. • Reports on internal control related to the financial statements, and major programs. These reports will describe the scope of testing of internal control and the results of our tests of internal controls. • Reports on compliance with laws, regulations, and the provisions of contracts or grant agreements. We will report on any noncompliance which could have a material effect on the financial statements and any noncompliance which could have a material effect, as defined by OMB Circular A-133, on each major program. • A schedule of findings and questioned costs. Th`s letter constitutes the complete and exclusive statement of agreement between McGladrey LLP and Cape Fear Public Transportation Authority, superseding all proposals, oral or written, and all other communications, with respect to the terms of the engagement between the parties. CFPTA Agenda Packet 04/25/2013 17 Board of Directors Cape Fear Public Transportation Authority March 11, 2013 Page 8 Please sign and return the attached copy of this letter to indicate your acknowledgment of, and agreement with, the arrangements for our audit of the financial statements including our respective responsibilities. McGladrey LLP Ie6�wpz-e� Gary Ridgeway, CPA Director Confirmed on behalf of Cape Fear Public Transportation Authority, North Carolina: Chairperson Date Authority Manager Date Financial Officer Date CFPTA Agenda Packet 04/25/2013 18 BKD,Iup 910 E St Louis Street,Suits 200 P.O.Box 1190 Springfield,MO 65801-1190 CPAs&Advisors 417.865.8701 Fax 417.865.0682 www.bkd.com System Review Report To the Partners of McGladrey&Pullen,LLP and the National Peer Review Committee of the American Institute of Certified Public Accountants Peer Review Board We have reviewed the system of quality control for the accounting and auditing practice of McGladrey& Pullen,LLP(the firm)applicable to non-SEC issuers in effect for the year ended April 30,2010. Our peer review was conducted in accordance with the Standards for Performing and Reporting on Peer Reviews established by the Peer Review Board of the American Institute of Certified Public Accountants. The firm is responsible for designing a system of quality control and complying with it to provide the firm with reasonable assurance of performing and reporting in conformity with applicable professional standards in all material respects. Our responsibility is to express an opinion on the design of the system cf quality control and the firm's compliance therewith based on our review. The nature,objectives, scope,limitations of and the procedures performed in a System Review are described in the standards at www.aicpa.org/lprsummarv. As required by the standards,engagements selected for review included engagements performed under Government Auditing Standards,audits of employee benefit plans and audits performed under FDICIA. Ia our opinion,the system of quaIity control for the accounting and auditing practice of McGladrey& Pullen,LLP applicable to non-SEC issuers in effect for the year ended April 30,2010,has been suitably designed and complied with to provide the firm with reasonable assurance of performing and reporting in conformity with applicable professional standards in all material respects. Firms can receive a rating of pass,pass with deficiency(ies)or fail. McGladrey&Pullen,LLP has received a peer review rating of pass. December 2,2010 3KP, LLP experience iK MEMBER-` INDEPENRENTFIRMS CFPTA Agenda Packet 04/25/2013 19 LGC-205(Rev.2012) CONTRACT TO AUDIT ACCOUNTS Of Cane Fear Public Transnortation Authority Gocemmental Unit on:his 41.1w —daypf March 2013 McGladrey LLP Auditor 300 North Third 5t,5th Floor,Wilmington,NC 28401 Mailing Address hereinafter referred to as the Auditor,and Board of Directors of Cape Fear Public Transportation Authority hereinafter referred Governing Board Governmental Unit to as the Governmental Unit,agree as follows: 1. The Auditor shall audit all statements and disclosures required by generally accepted accounting principles and additional required legal statements and disclosures of all funds and/or divisions of the Governmental Unit for the period beginning July 1 zo!z and ending June 30 2013 The non-major combining,and individual fund statements and schedules shall be subjected to the auditing procedures applied in the audit of the basic financial statements and an opinion will be rendered in relation to(as applicable) the governmental activities, the business-type activities, the aggregate discretely presented component units, each major governmental and enterprise fund,and the aggregate remaining fund information(non-major government and enterprise funds,the internal service fund type,and the fiduciary fund types). 2. At a minimum,the Auditor shall conduct his/her audit and render his/her report in accordance with generally accepted auditing standards.The Auditor shall perform the audit in accordance with Government Auditing Standards if required by the State Single Audit Implementation Act, as codified in G.S. 159-34. If required by OMB Circular A-133 and the State Single Audit Implementation Act,the auditor shall perform a Single Audit. This audit and all associated workpapers may be subject to review by Federal and State agencies in accordance with Federal and State laws,including the staffs of the Office of State Auditor(OSA)and the LGC. If the audit and/or workpapers are found in this review to be substandard,the results of the review may be forwarded to the North Carolina State Board of CPA Examiners. 3. This contract contemplates an unqualified opinion being rendered. If financial statements are not prepared in accordance with generally accepted accounting principles(GAAP),or the statements fail to include all disclosures required by GAAP,please provide an explanation for that departure from GAAP in an attachment. 4. This contract contemplates an unqualified opinion being rendered.The audit shall include such tests of the accounting records and such other auditing procedures as are considered by the Auditor to be necessary in the circumstances. Any limitations or restrictions in scope which would lead to a qualification should be fully explained in an attachment to this contract 5. If this audit engagement is subject to the standards for audit as defined in Government Auditing Standards,July 2007 revisions,issued by the Comptroller General of the United States,then by accepting this engagement,the Auditor warrants that he has met the requirements for a peer review and continuing education as specified in Government Auditing Standards.The Auditor agrees to provide a copy of their most recent veer review report regardless of the date of the prior peer review rem to the Governmental Unit and the Secretary of the Local Government Commission prior to the execution of the audit contract. (See Item 22)If the audit firm received a peer review rating other than pass,the auditor shall not contract with any Local Government Units without first contacting the Secretary of the Local Government Commission for a peer review analysis that may result in additional contractual requirements. If the audit engagement is not subject to Government Accounting Standards, the Auditor shall provide an explanation as to why in an attachment. 6. It is agreed that time is of the essence in this contract.All audits are to be performed and the report of audit submitted to the SLGFD within four months of fiscal year end. Audit report is due on: octoher 31 1 2019 . If it becomes necessary to amend this due date or the audit fee, an amended contract along with a written explanation of the delay must be submitted to the Secretary of the Local Government Commission for approval 7. It is agreed that generally accepted auditing standards include a review of the Governmental Unit's systems of internal control and accounting as the systems relate to accountability of funds, adherence to budget requirements, and adherence to law requirements. In addition, the Auditor will make a written report, which may or may not be a part of the written report of audit,to the Governing Board setting forth his findings,together with his recommendations for improvement.That written report must include all matters defined as"significant deficiencies and material weaknesses"in AU 325 of the AICPA Professional Standards.The Auditor shall file a copy of that gport with the Secwtary of the Local Government Commission. S. All local government and public authority contracts for audit or audit-related work require the approval of the Secretary of the Local Government Commission. This includes annual or special audits, agreed upon procedures related to Internal Control,bookkeeping or other assistance necessary to prepare the Unit's records for audit, financial statement preparation, any finance-related investigations,or any other audit-related work in the State of North Carolina.Invoices for services rendered under these contracts shall not be paid by the Governmental Unit until the invoice has been approved by the Secretary of the Local Government Commission. (This also includes any progress billings.) [G.S. 159-34 and 1150-447) The process for invoice approval has changed. All invoices for Audit work must be submitted by email in PDF format to the Secretary of the Local Government Commission for approval. The invoices must be emailed to: igc.invoices(a nctreasurer.com CFPTA Agenda Packet 04/25/2013 20 Email Subject line should read`unit name—invoice. The PDF invoice marked approved with approval date will be returned by email to the Au&tor for them to present to the Local Government Unit for payment. Approval is not required on contracts and invoices for system improvements and similar services of a non-auditing nature. 9. In consideration of the satisfactory performance of the provisions of this agreement,the Governmental Unit shall pay to the Auditor,upon approval by the Secretary of the Local Government Commission,the following fee,which includes any cost the Auditor may incur from work paper or peer reviews or any other quality assurance program required by third parties(Federal and State grantor and oversight agencies or other organizations)as required under the Federal and State Single Audit Acts: Year-end bookkeeping assistance — [For audits subject to Government Auditing Standards, this is limited to bookkeeping services permitted by revised Independence Standards] None Audit 17,340 including assistance with preparation of the financial statements (see engagement letter) Preparation of the annual financial statements See engagement letter Prier to submission of the completed audited financial report,applicable compliance reports and amended contract(if required)auditors may submit invoices for approval for services rendered,not to exceed 75%of the total of the stated fees above. If the current contracted fee is not fixed in total,invoices for services rendered may be approved for up to 75%of the prior year audit fee. The 75%a-ap for interim invoice approval for this audit contract is$13,005 10. The auditor working with a local governmental unit that has outstanding revenue bonds will include in the notes to the audited financial statements, whether or not required by the revenue bond documents, a calculation demonstrating compliance with the revenue bond rate covenant. Additionally, the auditor should be aware that any other bond compliance statements or additional reports required in the authorizing bond documents need to be submitted to the Local Government Commission simultaneously with the local government's audited financial statements unless otherwise specified in the bond documents. 11. After completing the audit, the Auditor shall submit to the Governing Board a written report of audit.This report shall include but not be limited to the following information: (a)Management's Discussion and Analysis,(b)the financial statements and notes of the governmental unit and all of its component units prepared in accordance with generally accepted accounting principles, (c) supplementary information requested by the client or required for full disclosure under the law,and(d)the Auditor's opinion on the material presented.The Auditor shall furnish the required number of copies of the report of audit to the Governing Board as soon as practical after the close of the accounting period. 12. If the audit firm is required by the NC CPA Board or the Secretary of the Local Government Commission to have a pre-issuance review of their audit work,there must be a statement added to the engagement letter specifying the pre-issuance review including a statement that the Unit of Government will not be billed for the pre-issuance review. The pre-issuance review must be performed prior to the completed Audit being submitted to the Local Government Commission. The pre-issuance report must accompany the audit report upon submission to the Local Government Commission. 13. The Auditor shall electronically submit the report of audit to the Local Government Commission when(or prior to)submitting the invoice for services rendered. The report of audit,as filed with the Secretary of the Local Government Conunission,becomes a matter of public record for inspection and review in the offices of the Secretary by any interested parties.Any subsequent revisions to these reports must be sent to the Secretary of the Local Government Commission.These audited financial statements are used in the preparation of Official Statements for debt offerings(the auditors' opinion is not included),by municipal bond rating services,to fulfill secondary market disclosure requirements of the Securities and Exchange Commission, and other lawful purposes of the government, without subsequent consent of the auditor. If it is determined by the Local Government Commission that corrections need to be made to the unit's financial statements they should be provided within three days of notification unless,another time frame is agreed to by the Local Government Commission. The Local Government Commission's process for submitting contracts,audit reports and Invoices are subject to change. Auditors should use the Submission process in effect at the time of submission. In addition, if the North Carolina Office of the State Auditor designates certain programs to be audited as major programs, a turnaround document and a representation letter addressed to the State Auditor shall be submitted to the Local Government Commission. 14. Should circumstances disclosed by the audit call for a more detailed investigation by the Auditor than necessary under ordinary circumstances, the Auditor shall inform the Governing Board in writing of the need for such additional investigation and the additional compensation required therefore.Upon approval by the Secretary of the Local Government Commission,this agreement may be varied or changed to include the increased time and/or compensation as may be agreed upon by the Governing Board and the Auditor. 15. If ar approved contract needs to be varied or changed for any reason,the change must be made in writing,signed and dated by all parties and pre-audited if the change includes a change in audit fee. This document and a written explanation of the change must be submitted by email in PDF format to the Secretary of the Local Government Commission for approval. The portal address to upload your amended contract and Letter of explanation documents is http://nctreasurer.slgfd.leapfile.net No change shall be effective unless approved by the SecEM of the Local ovemment Commission the Governing Board.and the Auditor. CFPTA Agenda Packet 04/25/2013 21 16. Whenever the Auditor uses an engagement letter with the client,Item 17 is to be completed by referencing the engagement letter and attaching a copy of the engagement letter to the contract to incorporate the engagement letter into the contract.In case of conflict between the terms of the engagement letter and the terms of this contract,the terms of this contract will control.Engagement letter terms are deemed to be void unless the conflicting terms of this contract are specifically deleted in Item 22 of this contract.Engagement letters containing indemnification clauses will not be approved by the Local Government Commission. 17. Special provisions should be limited. Please list any special provisions in an attachment. See attached engagement letter 18. A separate contract should not be made for each division to be audited or report to be submitted.A separate contract must be executed for each component unit which is a local government and for which a separate audit report is issued. 19. The contract must be executed,pre-audited,physically signed by all parties and submitted in PDF format including unit and auditor signatures to the Secretary of the Local Government Commission. The current portal address to upload your contractual documents is htlp://netreasurer.slgfd.leaj2file.net Electronic signatures are not accepted at this time. Included with this contract are instructions to srtabwdt contracts and invoices for approval as of March 5,2012. These instructions are subject to change. Please check the IBC Treasurer's wvb site a'i�,N ww,nctreasurencom for the most recent instructions. 20. The contract is not valid until it is approved by the Local Government Commission. The staff of the Local Government Commission shall notify the unit and auditor of contract approval by email. The audit should not be started before the contract is approved. 21. There are no other agreements between the parties hereto and no other agreements relative hereto that shall be enforceable unless entered into in accordance with the procedure set out herein and approved by the Secretary of the Local Government Commission. 22. All of the above paragraphs are understood and shall apply to this agreement,except the following numbered paragraphs shall be deleted(See Item 16.) None 23. All communications regarding Audit contract requests for modification or official approvals will be sent to the email Addresses provided in the following areas. Audit Firm Signature: Unit Signatures(continued): Firm McGlairey LLP uuuuuu w. By (Chair of Audit Committee-please type or print name) By Gary Ridgeway (Please type or print name) L4��� (Signature of Audit Committee Chairperson) (Signature of authorized audit fi epresentative Date Email A ldrass of Audit Fi n: (If unit has no audit committee, this section should be marked "NIA.") gary.ridgeway @mcgladrey.com This instrument has been preaudited in the manner required by The Local Dater / 3 Government Budget and Fiscal Control Act or by the School Budget and Fiscal Control Act. Additionally,the following date is the date this audit contract was approved by the governing body. Unit Signatures: By . Unit Finance Officer(Please type or print name) tijg} (Please type or print name and _] M..._ (Signature) (Signature of Mayor/Chairperson of governing board) Email Address of Finance Officer Date to Governiiij BodyApproved Audit Contract-G.S.159-34(a) Date (Preaudit Certificate must be dated.) CFPTA Agenda Packet 04/25/2013 22 NORTH CAROLINA COUNTY OF NEW HANOVER Authority Contract# U-01 CONSTRUCTION CONTRACT The Agreement is made this day of 2013,by and between Clancy& Theys Construction Company, of Wilmington,North Carolina(party of the first part, and hereinafter knovm as "Contractor"), and the Cape Fear Public Transportation Authority(party of the second part,and hereinafter known as "Authority"). WHEREAS, Authority released Invitation for Bids (IFB)for the construction of Operations and Maintenance Facility on January 11, 2013; and WHEREAS, on February 19, 2013 Contractor submitted a bid for same, consistent kvith the specifications in the Invitation for Bids; and WHEREAS, Contractor was determined to be the lowest responsive and responsible bidder; and WHEREAS,on April 25,2013 the Authority selected Contractor by a majority vote at a regular meeting for construction of the Wave Transit Operations and Maintenance Facility, according to the specifications in the Invitation to Bid; NOW THEREFORE,in consideration of the mutual benefits,promises, and undertakings,the sufficiency and receipt of which are acknowledged,the following terms and conditions are agreed to by the parties to this Contract: 1. Incorporation by Reference. Authority's Invitation For Bids (IFB 413-01, 22011126.00,release date January 11, 2013),including all related appendices, addenda to the Project Manuals and construction documents issued by Becker Morgan Group; and Contractor's bid response in its entirety dated February 19, 2013,are made apart hereof as if the same were fully set forth. If any discrepancies arise between this contract, Authority's Invitation for Bids and Contractor's bid response, Contractor agrees to abide by first, any specific terms in this contract and, second, Authority's Invitation for Bids. This procurement is governed by the North Carolina Public Procurement Act and the Authority Purchasing Policies and Procedures. All terms and conditions of the Act and the Policies and Procedures are hereby adopted and incorporated by reference herein. 2. Time of Performance. Contractor agrees to begin construction within calendar days of receipt of Authority's Written Notice to Proceed and issuance of a building permit from New Hanover County. Construction of the Wave Transit Operations and Maintenance Facility ,with the "Work,"to be substantially complete no later than four hundred eighty(480) calendar following issuance of a building permit from New Hanover County. TIME IS OF THE ESSENCE. "Substantial Completion"shall mean that stage in the progression of the Work when the Work is sufficiently complete in accordance with this Contract that the Authority can enjoy beneficial use or occupancy of the Work and can utilize the Work for its intended purpose. 3. Costs and Payment. Contractor agrees to perform all work and provide all equipment pursuant to this Contract for an amount not exceed eight million nine hundred seventy-six thousand,five hundred and no/100 dollars ($8,976,500.00) (the "Contract Price"). The contract price is equal to the base bid plus add alternate seven -digital, addressable fire alarm system (no additional cost) and less the cost for materials testing which is outlined in Section 11. Payment shall be made to Contractor at its Wilmington, Operations Center Construction Contract Page 1 of 7 CFPTA Agenda Packet 04/25/2013 23 NC office within thirty(30) days (with the exception of retainage as described below) after receipt of invoice including all required documentation in accordance with the IFB and this agreement and after Authority has inspected and tested the work and notified Contractor of its acceptance of same. Retainage. To ensure proper performance of the Contract,the Authority-will retain five percent(5%) of the amount of each approved Pay Application until the project work is 50%complete provided that the Contractor continues to perform satisfactorily and any non-conforming work identified in writing prior to that date has been corrected by the Contractor and accepted by the Project Manager. If the Authority determines the Contractor's performance is unsatisfactory,the Authority may reinstate retainage in the amount of five percent(5%)for each subsequent periodic Pay Application until the Contractors' performance becomes satisfactory. The project shall be deemed fifty percent(50%) complete when the Contractor's gross project invoices, excluding the value of materials stored off-site, equal or exceed fifty percent(50%) of the value of the contract, except the value of materials stored on-site shall not exceed twenty percent(20%) of the Contractor's gross project invoices for the purpose of determining whether the project is fifty percent(50%) complete. FolloNving fifty percent(50%) completion of the project,the Authority may also withhold additional retainage from any subsequent periodic payment,not to exceed five percent(5%),in order to allow the Authority to retain two and one half percent(2 'r/z%)total retainage through the completion of the project. Within sixty(60) days after the submission of a final pay request,the Authority,with written consent of the surety, shall release to the Contractor all retainage on payments held by the Authority if: (1)the Authority receives a certificate of substantial completion from the architect, engineer, or designer in charge of the project; or (2)the Authority receives beneficial occupancy or the use of the project. The Authority may retain sufficient funds to secure completion of the project or corrections on any work. If the owner retains funds,the amount retained shall not exceed two and one half(2V2) times the estimated value of the work to be completed or corrected. Any reduction in the amount of the retainage on payments shall be with the consent of the Contractor's surety,if received. Retainer provisions contained in the Contractor's subcontracts may not exceed the terms and conditions for retainage provided herein. Contractors are further required to satisfi-the retainage provisions of N.C.G.S. 143-134.1 with regard to subcontracts for early finishing trades (structural steel,piling, caisson and demolition) and to coordinate the release of retainage for such trades from the retainage held by the Authority from the Contractor pursuant to statute. Nothing shall prevent the Authority-from withholding payment to the Contractor in addition to the amounts identified herein for unsatisfactory job progress, defective construction or remedied, disputed work or third-party claims filed against the Authority or reasonable evidence that a third-party claim will be filed. Payment for stored materials and equipment shall be conditioned upon the Contractor's proof satisfactory to the Authority,that the Authority has title to such materials and equipment and shall include proof of required insurance. Such Application for Payment shall be signed by the Contractor and shall constitute the Contractor's representation that the Work has progressed to the level for which payment is requested in accordance with the Schedule of Values,that the Work has been properly installed or performed in full accordance with this Contract, and that the Contractor knows of no reason why payment should not be made as requested. Thereafter,the Project Manager or his designee will review the Application for Payment and may also review the Work at the Project site or elsewhere to determine whether the quantity and quality of the Work is as represented in the Application for Payment and is as required by this Contract. The Project Manager shall determine the amount properly owing to the Contractor. The Authority shall make partial payments on account of the Contract Price to the Contractor within thirty(30) days following Project Manager's receipt of each Application for Payment. The amount of each partial payment shall be the amount certified for payment by the Project Manager less such amounts,if any, othertivise owing by the Contractor to the Authority or which the Authority shall have the right to withhold as authorized by this Contract. Add Alternates. The initial contract includes adding add alternate seven -digital, addressable fire alarm system (no charge for add alternate). Contractor agrees to guarantee the costs of the remaining alternates (one-six) submitted with the original bid throughout the project if the Authority gives sufficient notice to Operations Center Construction Contract Page 2 of 7 CFPTA Agenda Packet 04/25/2013 24 add the alternate. Contractor agrees to provide the Authority with the latest date an alternate can be added by the Authority at the cost included in the original bid submission. Application for Payment. In addition to the requirements of Section 012900 of the IFB, all invoicing and requests for payment must include the folloNving: (1) Certified payroll in accordance with Section 008000 as applicable (2) Buy America certification for all materials used during the billing period ceit fi-ing that the materials were manufactured in the United States in accordance with Section 008000 (3) A statement that any Nvork done by DBE firms during the billing period that will count toward the DBE goal established in the bid in accordance with Section 008000 (4) DBE compliance reports with the folloNving information: (a) Name of DBE firm (b) Description of DBE Nvork (c) Third party billing from the DBE (d) DBE participation Nvorksheet No payment will be processed until all of the above applicable information and the requirements of Section 012900 of the IFB are provided. With the exception of the final pay application for retainage, payment will be remitted by the Authority within thirty(30) days of invoicing provided all supporting documents are provided with the application for payment. No progress payment,nor any use or occupancy of the Project by the Authority, shall be interpreted to constitute an acceptance of any Work not in strict accordance with this Contract. Withheld Pavment. The Authority may decline to make payment,may withhold funds,and,if necessaiy, may demand the return of some or all of the amounts previously paid to the Contractor,to protect the Authoritv from loss because of a) defective Work not remedied by the Contractor nor,in the opinion of the Authority,likely to be remedied by the Contractor; b) claims of third parties against the Authority-or the Authority's property, c) failure by the Contractor to pay Subcontractors or others in a prompt and proper fashion; d) evidence that the balance of the Work cannot be completed in accordance with the Contract for the unpaid balance of the Contract price; e) evidence that the Work will not be completed in the time required for Final or final completion; f) failure to carry out the Work in accordance with the Contract; g) damage to the Authority or a third party to whom the Authority is, or may be,liable. h) failure of the Contractor to maintain appropriate environmental protection measures or failure to comply with environmental permits,rules and regulations. In the event that the Authority makes written demand upon the Contractor for amounts previously paid by the Authority as contemplated in this Subparagraph,the Contractor shall promptly comply with such demand. Final Completion. When the Contractor believes that the Work is finally complete,the Contractor shall submit to the Project Manager a list of items to be completed or corrected. When the Project Manager, on the basis of an inspection, determines the Work is in fact finally complete, the Contractor will prepare a Certificate of Final Completion which shall establish the date of Final Completion. Guarantees required by the Contract shall commence on the date of Final Completion of the Work. The Certificate of Final Completion shall be submitted to the Authority and the Contractor for their written acceptance of the responsibilities assigned to them in such certificate. Liquidated Damages. The Contractor shall pay the Authority, or the Authority-may withhold the sum of One Hundred Fifty Dollars ($ 150.00)per day for each and ever-calendar day of unexcused delay in achieving Substantial Completion beyond the date set forth herein for Substantial Completion of the Work. Any sums due and payable hereunder by the Contractor shall be payable,not as a penalty,but as liquidating damages representing an estimate of delay damages likely to be sustained by the Authority, estimated at or before the time of executing this Contract. When the Authority reasonably believes that Operations Center Construction Contract Page 3 of 7 CFPTA Agenda Packet 04/25/2013 25 Substantial Completion will be inexcusably delayed,the Authority shall be entitled,but not required,to ,withhold from anv amounts othei-vvise due the Contractor an amount then believed by the Authority to be adequate to recover liquidated damages applicable to such delays. If and when the Contractor overcomes the delay in achieving Substantial Completion, or any part thereof,for which the Authority has withheld payment,the Authority shall promptly release to the Contractor those funds withheld,but no longer applicable,as liquidated damages. Completion and Final Payment. When all of the Work is complete and the Contractor is ready for a final inspection,it shall notifi-the Project Manager in writing. Thereupon,the Project Manager will make final inspection of the Work and,if the Work is complete in full accordance with this Contract and this Contract has been fully performed,the Project Manager may proceed with final payment. The Contractor shall not be entitled to final payment unless and until it submits to the Project Manager its affidavit that all payrolls,invoices for materials and equipment, and other liabilities connected with the Work for which the Authority, or the Authority's property might be responsible,have been fully paid or othertivise satisfied; consent of Surety,if any,to final payment. If any materialmen and subcontractors claim that they have not been paid by Contractor or one of Contractor's Subcontractors, Contractor shall indemnify and hold harmless the ON-mer, against such claims and agrees to assume, on behalf of the ON-mer,the defense of any action at lave or in equity which may be brought against Ov'mer in connection with anv such matters. 4. Termination or Cancellation. The Authority,by written notice,may terminate this contract,in whole or in part,when it is in the best interest of the project or if federal, state or local financial assistance is rescinded or othertivise unavailable. If this contract is terminated,the Authority shall be liable only for payment under the payment provisions of this contract for services rendered before the effective date of termination. The Authority may terminate this contract in whole or in part,for the Authority's convenience or because of the failure of the Contractor to fulfill the contract obligations. The Authority shall terminate by delivering to the Contractor a Notice of Termination specifying the nature, extent, and effective date of the termination. Upon receipt of the notice,the Contractor shall (1) Immediately discontinue all services affected (unless the notice directs othertivise), and (2) Deliver to the Authority all data, drawings, specifications,reports, estimates, summaries, and other information and materials accumulated in performing this contract,whether completed or in process. If the termination is for the convenience or if federal, state or local financial assistance is rescinded or othertivise unavailable,the Authority-shall make an equitable adjustment in the contract price but shall allow no anticipated profit on unperformed services. If the termination is for failure of the Contractor to fulfill the contract obligations, the Authority may complete the Nwork by issuing another contract or othertivise and the Contractor shall be liable for any additional cost incurred by the Authoritv. 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 Authoritv. 5. Demolition of Existing Structures. Based on a report commissioned by the Authority from HDR Engineering of the Carolinas and prepared by Froehling &Robertson, Inc. of Raleigh,NC,hazardous materials have been identified in structures at the site marked for demolition. Contractor is not authorized to begin demolition of any structures prior to a pre-demolition meeting between the Contractor and the Authority. Contractor agrees to coordinate all demolition efforts of hazardous materials with the Authority or its designee. Contractor will remove and dispose of all hazardous materials in accordance with the plans and counsel of the Authority or its designee and compliant with all local, state and federal laves and regulations. Operations Center Construction Contract Page 4 of 7 CFPTA Agenda Packet 04/25/2013 26 6. Independent Contractor. It is mutually understood and agreed that Contractor is an independent contractor and not an agent of Authority, and as such, Contractor,his or her agents and employees shall not be entitled to any Authority employment benefits, such as,but not limited to,vacation, sick leave, insurance,Nvorker's compensation, or pension or retirement benefits. 7. The Contractor shall have a continuing duty to read, carefully study and compare each of the contract documents,the shop drawings and the product data and shall give written notice to the owner of any inconsistency, ambiguity, error or omission which the Contractor may discover with respect to these documents before proceeding with the affected Nvork. The issuance or the express or implied approval by the Project Manager of the Contract Documents, Shop Drawings or Product Data shall not relieve the Contractor of the continuing duties imposed hereby,nor shall any such approval be evidence of the Contractor's compliance with this contract. HOWEVER, THE OWNER MAKES NO REPRESENTATION OR WARRANTY OF ANY NATURE WHATSOEVER TO THE CONTRACTOR CONCERNING SUCH DOCUMENTS. By the execution hereof,the Contractor acicnoNvledges and represents that it has received,reviewed and carefully examined such documents,has found them to be complete,accurate, adequate, consistent, coordinated and sufficient for construction, and that the Contractor has not, does not, and will not rely upon any representation or warranties by the Authority concerning such documents as no such representation or warranties have been or are hereby made. Neither the organization of any of the Contract Documents into divisions, sections,paragraphs, articles, (or other categories),nor the organization or arrangement of the Design, shall control the Contractor in dividing the Work or in establishing the extent or scope of the Work to be performed by Subcontractors. 8. Successors and Assigns. The Authority and Contractor bind themselves,their successors, assigns and legal representatives to the other party hereto and to successors, assigns and legal representatives of such other party in respect to covenants, agreements and obligations contained in this Contract. The Contractor shall not assign this Contract without prior written consent of the Authority and any surety to this contract. 9. Notices. Any notices required shall be in writing,unless othei-vvise permitted hereunder, and shall be deemed received five (5)days after mailing of same in the U. S. Mail with postage prepaid at the addresses set forth below or upon actual receipt: Notice to Authoritv shall be made to: Cape Fear Public Transportation Authority P. O. Box 12630 Wilmington,N. C. 28405-0130 Attn: Albert Eby,Proj ect Manager Telephone: (910) 202-2035 Fax: (910) 343-8317 Email: aeby!c%wavetransit.com Notice to Contractor shall be made to: Clancv&Thevs Construction Co. 2250 Shipyard Blvd., Suite One P.O. Box 4189 Wilmington,NC 28406 Attn: Telephone: (910) 392-5220 Fax: (910) 392-5254 Email: ve Operations Center Construction Contract Page 5 of 7 CFPTA Agenda Packet 04/25/2013 27 10. General Terms and Conditions. During the term of this Contract, Contractor agrees to procure and maintain insurance which meets all Authority requirements in the Invitation For Bids. 11. Materials Testing. Contractor is hereby waived from provisions in the IFB for contracting for materials testing. Materials Testing will be the responsibility of the Authority which will bear all costs for Materials Testing. Failure to meet the requirements for materials will be borne by the Contractor and corrective actions for substandard materials as described in the IFB will be the responsibility of the Contractor. The Contract Price in section three is reflective of a reduction of the bid price by eleven thousand five hundred dollars ($11,500.00)for Materials Testing. 12. Miscellaneous. This Contract shall be governed by the laves of the state of North Carolina. Venue for any action arising out of the performance of this Contract shall be with a state or federal court with jurisdiction in Nevv Hanover County,North Carolina. All pronouns used herein shall refer to every gender. Headings or titles in this Contract are only for convenience and shall have no meaning or effect upon the interpretation of the provisions of this Contract. This Contract is the entire agreement between the parties and may not be amended or modified, except by writing, signed by each party. If any provision of this Contract is determined to be unenforceable,then the remaining provisions of this Contract shall be interpreted as in effect as if such unenforceable provision were not included therein. This contract may be signed in counterparts. IN WITNESS WHEREOF,the parties hereto have executed this Contract as of the day first written above. CLANCY&THEYS CONSTRUCTION COMPANY BY: PRINT NAME: TITLE: ATTEST: PRINT NAME: CAPE FEAR PUBLIC TRANSPORTATION AUTHORITY BY: David R. Scheu, Chairman ATTEST: Don Betz, Secretary (seal) AUTHORITY ACCOUNTANT'S CERTIFICATION: Operations Center Construction Contract Page 6 of 7 CFPTA Agenda Packet 04/25/2013 28 This instrument has been preaudited in the manner required by the Local Government Budget and Fiscal Control Act this the day of 2013. Joseph Mininni, CPA Authoritv Finance Director APPROVED AS TO FORM: Andrew W. Olsen Authoritv Attornev ve Operations Center Construction Contract Page 7 of 7 CFPTA Agenda Packet 04/25/2013 29 x > > co S I- 40 m 00 b to CO b b to m b C) `' 0 0 0 0 0 �C7 O M b r- 0 0 b to i-- m p O O ssb O O O O � 7 N C.)) oo O m a; m O 00 110 00 —1 O m t0 r� Cn O X y CD: ° r- m *--.t � -:' t!? t/l- i/} trr vT tJ} �. �./} t/? •t1} •t/} -;' •[/} t!} 4J1 tf} tn- C] O 0 O C) O O 0 0 C7 b 0 , _. b O b 0 0 C) 0 C7 b b b b 0 C7 O 0 O O O C) O O '.O tD CJl i� (,D LI" Lfl N m N t.fY r-i O C) CS C:a O + D :.0 N —1 r1 —1 00 j. 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Ci t m i0 C C _0 0 _0 "O -0 "0 -0 "C7 ZO _0 `0 _0 '0 _0 `0 _0 N p w ro N -O N ro ro ra m m m m m m m m m PROPOSAL FOR CONSTRUCTION MATERIALS TESTING CAPE FEAR PUBLIC TRANSPORTATION AUTHORITY OPERATIONS AND MAINTENANCE FACILITY WILMINGTON, NORTH CAROLINA PREPARED BY: Eltjdi'11 +�fw�����gl��i��, TM ECS CAROLINAS, LLP 7211 OGDEN BUSINESS PARK SUITE 201 WILMINGTON, NORTH CAROLINA 28411 ECS CAROLINAS, LLP PROPOSAL NO.: 22.16945 CFPTA Agenda Packet 04/25/2013 31 ENGINEERING CONSULTING SERVICES ec f mited.com Table of Contents Letter of Interest Section A Firm Capability Section B Approach & Quality Assurance Plan Section C Fee Schedule and Price Proposal ������ CAROLINAS, � � �� �� ������ ���m the Standard for Service" ~ Ge0teChnica| ~ Construction Materials~ Environmental ~ Facilities wc Registered Engineering Firm F-1078 April 5, 2013 Mr. Albert Eby, Executive Director Cape Fear Public Transportation Authority P.O. Box 12630 Wilmington, NC284O5-013O Reference: Construction Materials Testing Operations and Maintenance Facility VW|OliOgtOO, North C8n]|iO8 Dear Mr. Eby: ECG Carolinas, LLP (ECG) is pleased to present the following letter of interest and proposal for providing Construction Materials Testing (C[NT) services during construction of the Operations and Maintenance Facility in Wilmington, NC. Our knowledgeable staff along with our considerable experience with projects in New Hanover County will help us provide efficient, cost-effective construction testing and engineering consulting services. The ECG Wilmington office operates the only laboratory in a 100 mile radius of the project site that is capable of providing fully certified AAGHTO testing of aoi|a, oonorete, maaonry, and asphalt. Our team of certified construction materials field testing technicians and knowledgeable professional staff will enable us to provide outstanding service to the project. Our team members are also cross trained in a variety of fields. This helps us decrease the need for more than one technician on the aite, therefore providing cost effective service to the project. ECG also utilizes a unique field data acquisition and reporting ayab*m that has enabled our company to deliver project teat results to our clients in adme|y and efficient manner. Complex construction projects, such at this project, require quick turn around on testing neau|b* and field observations in order to proceed with subsequent phases of construction. ECG can provide electronic copies of the engineer sealed teat results and field reports to all members of the project team within 24 to 36 hours. Mr. \8a|id Gobh. P.E. is the ECG Carolinas, LLP regional manager and will serve as the principal engineer for the project. Mr. William Cromartie is the Construction Services Manager and will serve as the project manager for this project. William will also serve as the primary contact for ECG. We appreciate the opportunity to provide the City of Jacksonville with the following proposal for the upcoming Center for Public Safety project. |f you have any questions please contact William Cromartie at the Wilmington office (910-686-9114). Sincerely, �'/�~�°-~ ~�~ �-�' � //Odd #| ' William G. Cnonnartie \8a|id M. Gobh, P.E. Construction Services Manager Principal Engineer 7%l1 Ogden Bus.Pk�Suit 20V,Wilmington,NC284|l6(ql0)60d-9}144 Fax(V10)hD6-966bIr �eki4�~o���ou��~�w����*���*a�������mc cFPTA AgenuuPuuxeto*oo/zo1a 33 ECS Proposal No. 22.16945 April 5, 2013 ENGINEERING CONSULTING SERVICES www.e,csfimited.com FIRM CAPABILITY ECS Proposal No. 22.16945 April 5, 2013 ENGINEERING CONSULTING SERVICES www.e,csfimited.com ECS Carolinas, LLP 7211 Ogden Business Lane, Suite 201 Wilmington, NC 28411 910-686-9114 Email: wcromartie@ecslimited.com NC Engineering License No. F-1078 The Wilmington branch of ECS was opened in 1993 and has successfully completed hundreds of quality control testing, special inspections, geotechnical engineering, and environmental consulting projects in the southeastern regions of North Carolina. The Wilmington office has a total of 10 engineers, geologists and scientists on staff. We also have 18 technicians that are trained and certified in ASTM, ACI, NCDOT, and ICC testing procedures. Most of our technicians hold certifications in their area of expertise from nationally recognized technical organizations (ACI, NICET, NCDOT, ICC, etc.). We can provide Geotechnical Engineering, Special Inspections, Construction Materials Testing, Environmental Testing, and Facilities Management Services on a broad range of project. We have the experience and technical diversity to meet the construction materials testing needs for the Center for Public Safety project. All testing for this project will be provided by the Wilmington, NC office. Quality, responsive service, and competitive pricing have all contributed to ECS being the fastest growing consulting engineering firm in the region. ECS offers the following unique advantages: • CERTIFIED LABORATORY - Our laboratory is certified by the American Association of State Highway and Transportation Officials (AASHTO), North Carolina Department of Transportation (NCDOT), and the Army Corp of Engineers. • CERTIFIED TECHNICIANS and PROFESSIONALS—Our field and laboratory technicians are certified in multiple disciplines, therefore reducing the need for multiple ECS employees on the site. The ECS team offers the highest level of experience and expertise, with the proven ability to consistently provide technical excellence. ECS has provided engineering and test services for dozens of similar projects in this region, and hundreds across the east coast. • PROVEN PROJECT MANAGEMENT - ECS commits to a project management team with William Cromartie (Construction Services Manager) as the project manager and primary point-of-contact, and Winslow Goins, PE, as the Quality Control/Quality Assurance Director. Walid Sobh, PE will provide principal review for the project. • LOCAL PROJECT EXPERIENCE - ECS is very familiar with the New Hanover County construction standards and requirements. Over the past five years, ECS has provided Construction Materials Testing on over 600 projects in New Hanover County. This experience gives ECS a unique understanding of the regional soils, subsurface conditions, as well as local building codes. ECS Proposal No. 22.16945 April 5, 2013 ENGINEERING CONSULTING SERVICES www.e,csfimited.com CURRENT RELATED EXPERIENCE ON-CALL CONTRACT— CITY OF WILMINGTON, WIMINGTON, NC 2011-Present ECS is providing Special Inspections, Construction Materials Testing, and Environmental Sampling for the City of Wilmington on multiple projects. The projects have included new roads, bridges, parks, boat ramps, and a new Fire Station. Mr. Brett Russell City of Wilmington PO Box 180 Wilmington, NC 28402 910-341-5890 TOWN HALL AND POLICE HEADQUARTERS, TOWN OF LELAND, LELAND, NC 2012- Present ECS is providing Special Inspections and Construction Materials Testing for the 2 story building. ECS previously provided the subsurface borings and prepared a geotechnical report for the project. The 44,000 square foot structure consists of concrete foundations, masonry walls, and a structural steel frame. Mr. David Hollis Town of Leland 102 Town Hall Drive Leland, NC 28451 910-371-1249 CITY OF JACKSONVILLE, PUBLIC SAFETY FACILITY, NC 2012-Present ECS is providing Special Inspections and Constructions Materials testing for the 2 story building that will house the police and fire head quarters for the City of Jacksonville, The structure consisted of deep foundations consisting of rammed aggregate piers, concrete foundations, metal stud walls and structural steel framing. A mass earth moving operation was required prior to construction due to unsuitable contaminated soils at the project site. ECS provided soil analysis and testing during the operation. Mr. Wally Hansen City of Jacksonville 815 New Bridge Street Jacksonville, NC 28540 910-938-5260 ECS Proposal No. 22.16945 April 5, 2013 ENGINEERING CONSULTING SERVICES www.e,csfimited.com APPROACH & QUALITY ASSURANCE PLAN ECS Proposal No. 22.16945 April 5, 2013 ENGINEERING CONSULTING SERVICES www.e,csfimited.com STAFF AVAILABILITY ECS is available for testing 7 days a week, including holidays, if scheduled in advance. All ECS staff is available by cellular phones or email. ECS contact information will be provided to members of the project design team, owners, and general contractor for use during the project. ECS requests all scheduling of technicians to be provided to the Wilmington office by phone or email by 3 p.m. the day before testing is required. We request this in order to provide effective and cost efficient services to the project. PHYSICAL LOCATION OF STAFF Our staff and laboratory are located at 7211 Ogden Business Lane, Suite 201 in Wilmington, NC. We do not require the services of other ECS offices or sub-contractors to provide the work stated in the RFP. Our ability to provide all services in house from a location within 20 miles of the project site will help us provide timely response to requests for our services on this project. MULTI-TASKING Our technicians are cross-trained in multiple areas of testing in order to provide one technician on the site for numerous activities. ECS policy states that all field technicians be certified in soils, concrete, and nuclear density testing procedures from a national accreditation service within 270 days of employment. We will staff the project with certified technicians capable of providing the services requested of us. The general contractor should provide ECS with types of inspections required on a given day so that we can provide the most effective Special Inspector or technician to complete the tasks required for that day. Multiple ECS employees should only be on site at a given time if the contract requires continuous inspection in more than one area or SAMPLING AND TESTING PROCEDURES—SCOPE OF SERVICES Observation of construction activities and the sampling and testing of materials will be in accordance with the project specifications and Schedule of Special Inspections. A. Soils: • Perform proctor, grain size analysis, and classification of proposed fill materials. • Prior to placement of compacted fill, observe subgrade and verify that site has been prepared properly. • Check the compaction of fill material for building pads, parking lots, and utility backfill. • Submit written reports detailing our activities and findings. ECS Proposal No. 22.16945 April 5, 2013 ENGINEERING CONSULTING SERVICES www.e,csfimited.com B. Foundations: • Check the underlying foundation soils for the foundation designed bearing capacity. • Provide recommendations for repairs to the foundation soils if the design bearing capacity is not achieved. • Submit written reports detailing our activities and findings. C. Cast-in-Place Concrete: • Observe the placement of concrete. ECS will also test the plastic concrete for slump, air content, and temperature in accordance with the project specifications. • Cast concrete cylinder test specimens for compressive strength in accordance with the project specifications. • Pick up concrete cylinders and return them to the ECS laboratory for curing and compressive strength testing. • Cure, test, and report compressive strength results for concrete cylinder test specimens. • Check the Floor Flatness and Levelness of concrete slabs in accordance with the project specifications. • Submit written reports detailing our activities and findings. D. Masonry: • Cast mortar cubes in accordance with the project specifications. • Return test specimens to our laboratory for compressive strength testing. • Cure, test, and report compressive strength results for test specimens. • Submit written reports detailing our activities and findings. E. Structural Steel: • Periodic inspection of bolted connections for snug tight conditions. • Continuous inspection of partial or complete penetration groove joints, multiple pass fillet welds, single pass fillets welds greater than 5/16 inch, and plug or slot welds. • Periodic inspections of single pass fillet welds less than or equal to 5/16 inch and metal decking puddle welds. • Periodic verification of weldability of reinforcing steel other that ASTM A-706.. • Periodic inspection of steel frame joint details such as bracing and stiffening, member locations, and application of joint details at each connection. • Provide non-destructive testing of welded connections as requested by the structural engineer of record. • Observation of metal deck fastening included welded and mechanical connections. • Verify USA is the country of origin fror all steel used in the project. • Submit written reports detailing our activities and findings. F. Asphalt: • Observe the placement of asphalt for roadways and parking areas and left turn lane on the Martin Luther King off ramp in accordance with the project specifications and NCDOT standards. • Check the compaction of asphalt during the paving operations. • Cut asphalt cores for thickness checks and laboratory specific gravity testing for the turn lane in accordance with NCDOT specifications. • Submit written reports detailing our activities and findings. ECS Proposal No. 22.16945 April 5, 2013 ENGINEERING CONSULTING SERVICES www.e,csfimited.com G. Project Engineering: • Reports will be reviewed by the project and principal engineers before issue. • Recommendations will be made on non-conforming items. Recommendations will be made from the field by our technician in communication with the project engineer. ECS Proposal No. 22.16945 April 5, 2013 ENGINEERING CONSULTING SERVICES www.e,csfimited.com PROCEDURE FOR PROVIDING TESTING DATA ECS utilizes advanced communications and information technology to reduce the time from actual field reporting to the distribution of a report approved by the Project Manager and Principal Engineer. During each day of construction activities, ECS field technicians electronically enter test data into ETHEL (ECS Technician Handheld Electronic Logbook) while in the field. The test data is then transmitted to the branch office via wireless technology. The field report is then entered into our database and released into FRED (Field Report Electronic Distribution). Once in FRED, the electronic copy of the field report is reviewed first by the Project Manager and then the Principal Engineer. Upon final review, electronic signatures and Professional Engineer's seal are applied to the report. The report is then emailed to those on the distribution list and an electronic copy is archived on our servers for rapid retrieval. This system makes it possible to provide all project reports on a CD-ROM at the end of the project. The implementation of FRED has significantly improved efficiency in the review and approval process of reports through the office, while allowing managers to efficiently monitor progress of the project. ECS daily field reports and laboratory reports are generally submitted and on your desk in electronic format within 24 to 36 hours of the performance date. If deficiencies or non- compliances are noted, a running punch list of deficiency items is maintained and the list is included with the reports so that problems may be resolved prior to the performance of additional work. Copies of reports will be forwarded to each party designated by the client, at no extra charge, as part of our service. ECS Field Technician performs tests on materials at the job site, recording the test results directly into a Personal Digital Assistant (PDA). Test results are transmitted to the office for review by the ECS Project Management team by way of cellular phone before leaving r the iob site. Test reports are reviewed and transmitted to the dient within 24 to 36 hours aftertests have been completed in the field. �t ECS Proposal No. 22.16945 April 5, 2013 ENGINEERING CONSULTING SERVICES www.e,csfimited.com ACCOUNTABILITY AND QUALITY CONTROL ECS maintains quality control through the continued involvement with national and state accrediting societies. Our laboratory and field testing procedures are certified through the American Association of State and Highway Transportation Officials (AASHTO), the Army Corps of Engineers, and the North Carolina Department of Transportation. Copies of our office certifications are provided on the following pages. ECS also requires all field technicians to be certified from a national certification agency in concrete, soils, and nuclear gauge density testing within 270 days of the start of employment. Re-certification of all technicians is also required to maintain employment with ECS. We also provide annual employee reviews of testing procedures in accordance with AASHTO specifications. Field audits by our staff professionals are also conducted on a quarterly cycle. Field audits of field and laboratory personnel include observing and reviewing test procedures to maintain our goal of"Setting the Standard for Service." SAFETY Safety has always been a top priority at ECS, but in 2010 we launched an initiative to integrate safety as a core value and a fundamental part of our culture. The STAR program places safety at the forefront of everything we do. We know that the best safety cultures are driven by employee � s a commitment and input, not just compliance. STOP 0,THINK ACT REFINE By adopting the principles of behavior-based safety, STAR encourages safe work practices through safety awareness. While we have a safety program and regular safety meetings, our program also includes regular safety observations in the field, as well as in our offices and laboratories. These observations are done by both managers and peers. They are simply conversations about ways we can do the job more safely. The results of our observations are tracked anonymously using SafetyNet®. This system allows us to identify leading indicators that help anticipate and correct at-risk behaviors before they lead to an injury. The results speak for themselves: in 2011 we decreased our recordable incident rate by over 50%. STAR is led by our full-time Director of Corporate Safety Services and supported by our entire management team, but it doesn't stop there. Every ECS employee has made the commitment to themselves, their families and their co-workers to work safely. At ECS, we "Stop—Think—Act— Refine. Nothing we do is worth getting hurt." ECS Proposal No. 22.16945 April 5, 2013 ENGINEERING CONSULTING SERVICES www.e,csfimited.com ORGANIZATIONAL CHART (Resumes for our team members are located in Appendix Vlll) Walid Sobh, PE Principal Engineer William Cromartie, CWI Winslow Goins, PE N Construction Services Quality Manager Engineer Clayton Smalley, CWI Structural Steel Inspector Jason Malek Senior Field Technician Ben Valdez, CWI Steel Inspector/Senior Field Technician John Eubanks Senior Field Technician Will McKinnon Senior Field Technician W ECS Proposal No. 22.16945 April 5, 2013 ENGINEERING CONSULTING SERVICES www.e,csfimited.com WALID SOBH, PE PRINCIPAL ENGINEER EDUCATION BS, Civil Engineering, University of North Carolina at Charlotte, 1986 MS, Civil Engineering, University of North Carolina at Charlotte, 1989 REGISTRATIONS Professional Engineer: VA, NC, SC EXPERIENCE Mr. Sobh is a Principal Engineer for the Wilmington, North Carolina ECS office. His experience includes Subsurface Exploration for Shallow and Deep Foundations, Pile Installations, and Construction Materials Testing and Special Inspection Services. He has provided his services to the ECS Wilmington office for 16 years. GEOTECHNICAL ENGINEERING Mr. Sobh has performed hundreds of geotechnical explorations. He has determined field exploration requirements, directed, drill crews, evaluated subsurface test data and prepared geotechnical recommendations. He has extensive experience with standard penetration testing, pressuremeter testing, electronic cone penetration testing, and geophysical methods of site exploration. TESTING AND INSPECTION Mr. Sobh has managed many construction materials testing projects. He has consulted with clients in developing testing programs for all types of construction projects including residential, industrial, low to mid-rise structures, commercial and retail development. FORENSIC ENGINEERING Mr. Sobh has managed thousands of materials engineering projects. He has developed testing programs to identify cause and design solutions for materials compatibility problems. He has resolved problems with moisture penetration through structures, concrete and asphalt failures, soils related distress, and masonry distress. Mr. Sobh has direct experience using non-invasive methods to evaluate poured in-place concrete masonry and pre-cast concrete elements including structural load testing. VALUE ENGINEERING Mr. Sobh strives to provide the most economical design` without sacrificing quality or compromising safety. He is often asked to review and revise recommendations performed by other firms. This is done by fully utilizing the engineering properties of the subsurface conditions. He understands the capabilities of the subsurface conditions having performed extensive field and laboratory testing on the major soil and rock types within the geologic area. In many cases, he can provide recommendations that result in overall time- and cost-savings for the project. ECS Proposal No. 22.16945 April 5, 2013 ENGINEERING CONSULTING SERVICES www.e,csfimited.com WINSLOW GOINS, PE GEOTECHNICAL ENGINEER EDUCATION B.S., Civil Engineering, 2003, North Carolina State University REGISTRATIONS • Professional Engineer licensed in the states of North Carolina, Virginia, South Carolina, Alabama, and Georgia. • Certified Post-Tension Inspector— Level II EXPERIENCE Mr. Goins is a Geotechnical Engineer for the Wilmington, North Carolina ECS office. His experience includes Subsurface Investigations for Shallow and Deep Foundations, Pile Installations, Post Tensioning Inspections, and Construction Testing and Inspection Services. He has provided his services to the ECS Wilmington office for 9 years. GEOTECHNICAL ENGINEERING Mr. Goins has performed hundreds of geotechnical explorations. He has determined field exploration requirements, evaluated subsurface test data and prepared geotechnical recommendations. He has extensive experience with standard penetration testing, dilatometer testing, electronic cone penetration testing, and geophysical methods of site exploration. DEEP FOUNDATION DESIGN Mr. Goins has extensive experience in the design and field inspection of auger cast pile, rammed aggregate pier and driven pile foundation systems. He has provided design services for deep foundations supporting all types of construction, including buildings, bridges, self- supporting and guyed towers, and slope stabilization. PILE TESTING Mr. Goins has been involved in numerous projects, testing the integrity of piles with the PIT (Pile Integrity Tester) and the capacity of piles with PDA (Pile Dynamic Analyzer). MATERIALS TESTING Mr. Goins has managed numerous of construction and testing projects involving earthwork, foundations, structural masonry and concrete, pre-cast concrete, asphalt paving materials and structural steel. PAVEMENT SYSTEMS Mr. Goins has direct experience in the design of new pavements and rehabilitation of distressed pavements. These pavement systems include secondary public roadways, highways, and airfield applications. ECS Proposal No. 22.16945 April 5, 2013 ENGINEERING CONSULTING SERVICES www.e,csfimited.com WILLIAM S. CROMARTIE, CWI CONSTRUCTION SERVICES MANAGER EDUCATION BS, Zoology, North Carolina State University, 1998 CERTIFICATIONS • AWS Certified Welding Inspector • PTI Level 2 Inspector • AWCI EIFS Inspector • EDI Level 2 Inspector • ACI Field Testing Technician Grade 1 • NICET Geotechnical, Soils, Concrete, and Highway Materials Level 2 • NICET Asphalt and Laboratory Level 1 • ICC Structural Masonry Special Inspector • ICC Reinforced Concrete Special Inspector • ICC Stray Applied Fireproofing Special Inspector • NCDOT Conventional Density Technician • NCDOT QMS Roadway Technician EXPERIENCE Mr. Cromartie is the Construction Services Manager for the Wilmington, North Carolina ECS office. His experience includes construction material testing and Special Inspection Services including Pile Installations, Post Tensioning, Concrete, Masonry, and Structural Steel. He has provided his services to the ECS Wilmington office for 11 years. ONSLOW JUSTICE COMPLEX, JACKSONVILLE, NC Mr. Cromartie was the project manager and provided special inspections for ECS on the Justice Complex project. The project consisted of a 5 story jail and sheriff's office. Special Inspection Services were accordance with the International Code Council and NC Building Code for reinforced concrete foundations, walls, and slabs, elevated concrete slabs, pre-cast concrete walls and slabs, structural masonry, wall framing, and structural steel. BEST WESTERN HOTEL, LELAND, NC Mr. Cromartie was the project manager for ECS on the 4 level hotel project. ECS provided special Inspections services for the masonry, reinforced concrete, structural steel, and soils construction for this project. The foundations consisted of ground improvement including the installation of vibro-replacement stone columns. ONSLOW HOSPITAL ONCOLOGY PAVILLION, NC Mr. Cromartie was the project manager for the 1 story addition to the hospital. The project involved the addition of a MRI center, exam rooms, and offices. ECS provided Special Inspections Services for the auger cast piles, reinforced concrete, wall framing, and structural steel for this project. ECS Proposal No. 22.16945 April 5, 2013 ENGINEERING CONSULTING SERVICES www.e,csfimited.com CLAYTON SMALLEY, CWI STRUCTURAL STEEL/SPECIAL INSPECTOR EDUCATION San Jacinto High School San Jacinto, California 1996 REGISTRATIONS • AWS Certified Welding Inspector • ICC Structural Steel and Welding Special Inspector • ICC Structural Steel and Bolting Special Inspector • ICC Structural Masonry Special Inspector • ICC Reinforced Concrete Special Inspector • ICC Spray Applied Fireproofing Special Inspector • AWCI EIFS Inspector • EDI Level II Building Envelope Inspector • ECS Level II NDT in UT, MT, and PT EXPERIENCE Mr. Smalley is a Special Inspector for the Wilmington, North Carolina ECS office. His experience includes Reinforcing Steel, Structural Masonry, Structural Steel, Building Envelope inspections, and Non-Destructive Testing of Welded connections. Mr. Smalley has direct experience with welding and observing welding. He has provided his services to the ECS Wilmington office for 8 years. UNC WILMINGTON STUDENT RECREATION CENTER EXPANSION, WILMINGTON, NC Mr. Smalley performed Structural Steel, Reinforced Concrete, and Structural Masonry Special Inspections for Phases B, C, and D construction. The project consisted of an 115,000 square foot expansion of the existing student recreation center on the campus of the University of North Carolina at Wilmington. BACHELOR ENLISTED QUARTERS MCAS CHERRY POINT, HAVELOCK, NC Mr. Smalley performed Pile Foundation, Structural Steel, Reinforced Concrete, and Structural Masonry Special Inspection. The project consisted of two, five story bachelor enlisted quarters. PORT CITY COMMUNITY CHURCH BUILDING, WILMINGTON, NC Mr. Smalley performed Reinforced Concrete and Structural Steel Special Inspections. The project consisted of a single story 90,000 square foot concrete tilt up walls and steel roof truss framing structure for Port City Community Church. ECS Proposal No. 22.16945 April 5, 2013 ENGINEERING CONSULTING SERVICES www.e,csfimited.com JASON MALEK SENIOR ENGINEERING TECHNICIAN EDUCATION BA, Political Science, Plymouth State University, 2000 REGISTRATIONS • NCDOT Concrete • NCDOT Density - #3443 • NCDOT ABC Sampling • NCDOT QMS Asphalt • NCDOT Structural Steel Coatings • NCDOT Structural Inspection • Troxler Radiological Safety • ACI Field Testing Technician Grade 1 • ICC Structural Masonry Special Inspector • ICC Reinforced Concrete Special Inspector EXPERIENCE Mr. Malek is a Senior Engineering Technician for the Wilmington, North Carolina ECS office. His experience includes construction material testing and Special Inspection Services including Pile Installations, Post Tensioning, Concrete, Masonry, Structural Steel, and Highway Construction. He has provided his services to the ECS Wilmington office for 8 years. CITY OF WILMINGTON POLICE DEPARTMENT HEADQUARTERS BUILDING, WILMINGTON, NC Mr. Malek performed Reinforced Concrete and Structural Masonry Special Inspection. The project consisted of a two story 85,000 square foot structural steel building for the City of Wilmington Police Department. ECS was responsible for providing geotechnical, construction materials testing, and special inspection services. PORT CITY COMMUNITY CHURCH BUILDING, WILMINGTON, NC Mr. Malek performed Reinforced Concrete and Masonry Special Inspections. The project consisted of a single story 90,000 square foot concrete tilt up shell with steel roof truss framing structure for Port City Community Church. ECS was responsible for providing geotechnical, construction materials testing, and special inspection services. US ARMY RESERVE TRAINING CENTER, WILMINTON, NC Mr. Malek served as special inspector for this project. ECS was responsible for providing construction materials testing and inspections services.' The project consisted of 2 1 level buildings. The building foundations consisted of vibro-replacement stone columns. ECS Proposal No. 22.16945 April 5, 2013 ENGINEERING CONSULTING SERVICES www.e,csfimited.com BENJAMIN VALDEZ SENIOR ENGINEERING TECHNICIAN CERTIFICATIONS • Troxler Radiological Safety • ACI Field Testing Level I • AWS Certified Welding Inspector • ICC Structural Steel and Welding Special Inspector • ICC Structural Steel and Bolting Special Inspector • ICC Structural Masonry Special Inspector • ICC Reinforced Concrete Special Inspector • ICC Spray Applied Fireproofing Special Inspector • ICC Soils Special Inspector • ICC Master of Special Inspections EXPERIENCE Mr. Valdez is a Senior Engineering Technician for the Wilmington, North Carolina ECS office. His experience includes construction material testing including Concrete, Masonry, Structural Steel, and Highway Construction. He has provided his services to the ECS Wilmington office for 6 years. HOME 2 SUITES, JACKSONVILLE, NC Mr. Valdez served as a special Inspector for this project. ECS was responsible for providing construction materials testing and special inspections services. The project consisted of a 4 level wood and structural steel hotel. Mr. Valdez was responsible for the monitoring of the fill placement, cast in place concrete, masonry, and structural steel inspections. UNC WILMINGTON STUDENT UNION CENTER EXPANSION, WILMINGTON, NC Mr. Valdez served as a Special Inspector for this project. The project consisted of an 115,000 square foot expansion of the existing student recreation center on the campus of the University of North Carolina at Wilmington. BEST WESTERN, LELAND, NC Mr. Valdez served as a field inspector for this project. ECS was responsible for providing construction materials testing and special inspections services. The project consisted of a 4- story hotel with vibro-replacement stone column foundations. ECS Proposal No. 22.16945 April 5, 2013 ENGINEERING CONSULTING SERVICES www.e,csfimited.com JOHN EUBANKS SENIOR ENGINEERING TECHNICIAN CERTIFICATIONS • NCDOT Concrete • NCDOT Conventional Density • Troxler Radiological Safety • ACI Field Testing Technician Grade 1 • NICET Soils Level 1 • NICET Soils Level 2 • NICET Asphalt Level 1 • NICET Concrete Level 2 • NICET Geotechnical • Engineering Technology Construction • Post Tensioning Institute—Level II EXPERIENCE Mr. Eubanks is a Senior Engineering Technician for the Wilmington, North Carolina ECS office. His experience includes construction material testing and Special Inspection Services including Pile Installations, Post Tensioning, Concrete, and Highway Construction. He has provided his services to the ECS Wilmington office for 10 years. ONSLOW MEMORIAL HOSPITAL-RADIATION PAVILLION, JACKSONVILLE, NC Mr. Eubanks served as a field technician for this project. ECS was responsible for providing construction materials testing services to include auger cast pile foundation, soils, and structural concrete testing. The project consisted of a 1 story hospital addition that included radiation- proof concrete walls and roof in excess of 7 feet thick. REPAIR APRONS AT NEW RIVER AIR STATION, JACKSONVILLE, NC Mr. Eubanks served as Field Inspector for this project. The project consisted of the demolition and replacement of 1,600 concrete mats on the flight line apron at the air station. Mr. Eubanks' responsibilities included inspecting and approving the concrete demolition, soil and stone subgrade preparation, concrete placement, concrete finishing, concrete levelness, and the correct placement of embedded structures. ECS Proposal No. 22.16945 April 5, 2013 ENGINEERING CONSULTING SERVICES www.e,csfimited.com WILL MCKINNON SENIOR ENGINEERING TECHNICIAN CERTIFICATIONS • Troxler Radiological Safety • ACI Field Testing Technician Grade 1 • ACI Transportation Inspector • WACEL Soils Technician • ICC Structural Masonry Special Inspector • ICC Reinforced Concrete Inspector EXPERIENCE Mr. McKinnon is an Engineering Technician for the Wilmington, North Carolina ECS office. His experience includes construction material testing and Special Inspection Services including pile installations, concrete, asphalt, and masonry construction.. He has provided his services to the ECS Wilmington office for 2 years. HOME 2 SUITES, JACKSONVILLE, NC Mr. McKinnon served as a field technician for this project. ECS was responsible for providing construction materials testing and special inspection services to include concrete foundations, soils, and structural concrete testing. The project consisted of a 4 story hotel on Western Blvd. P1246 EOD ADDITION, JACKSONVILLE, NC Mr. McKinnon served as field technician for this project. The project consisted of the 50,000 square foot building consisting of concrete foundations, structural masonry walls, and steel framing. Mr. McKinnon's responsibilities included testing the underlying foundation soils, concrete testing for the building and parking areas, and Special Inspections for the masonry walls. ECS Proposal No. 22.16945 April 5, 2013 ENGINEERING CONSULTING SERVICES www.e,csfimited.com PRICE FEE SCHEDULE AND ECS Proposal No. 22]GQ4S April S. 2O13 ENGINEERING CONSULTING SERVICES www.e,no|nmited.cmm FEE SCHEDULE PERSONNEL Soil or Materials Field Technician—(Conorete. Masonry, Soils)..................................$ 35.00/hour SeCnet8[y----------------------------------------.$ 37.00/hOu[ Senior Foundation Technician.......................................................................................$42.00/hOu[ Chief Technician.............................................................................................................$ 55.00/hOu[ NCDOTCertifiedAaohaltTeohnickan-------------------------.$45.00/hour Concrete or Masonry Special Inspector UCC ----------------$60.00/hour Fireproofing Technician..................................................................................................$60.00/hOu[ NDE Technician..............................................................................................................$ 7O.00/hOu[ C\8/KStruCtun8| Steel/Welding O[Bolting Special Inspector .........................................$ 7O.00/hOu[ Wind O[Seismic Special Inspector................................................................................$ 7O.00/hOu[ ProjectManager.............................................................................................................$ 85.00/hOu[ Principal Engineer/Special Inspector(P.E. Licensed) ----------------.$125.00/hour Transportation via company or private vehicle..............................................................$ OO65/mik* Note: Charges for engineering and technical personnel will be made for time spent in the field, in engineering analysis, in preparation and review of reports, and in travel to and from our office. Overtime = Standard Rate 1.5 for services performed exceeding 8 hours per day, outside our normal business hours of 7:00 am to 5:00 pm, holidays, Saturday, and Sunday. EQUIPMENT and LABORATORY Standard or Modified Proctor kAGTK8D-6S8orD-1557\.................................................. $120.00/teat Atteberg Limits (LL& PL) Determination kAGTK8 D-4318\---------------' $OO.00/test Grain Size Analysis Test D-422\.......................................................................... $OO.00/test Asphalt Density Determination (Core samples)............................................................... $ 35.00/test Testing of Cylinders, Core Specimens: Compressive of grout prisms-------------------------- $1O.00eaoh Compressive strength of mortar cubes............................................................................. $12.00each Compressive of concrete cylinders, C-3g\ ............................................ $1O.00each Compressive of masonry prisms........................................................................ $ 5O.00each Flexural strength of concrete beams ................................................................................ $ 3O.00each Core Specimen (including sample ............................................................... $ 5O.00/teat Concrete Moisture Vapor Test Kit..................................................................................... $25. � Nuclear Density and Moisture Measuring Equipment...................................................... $'5O.00/day � Ultrasonic Non-destructive Testing Equipment................................................................ $ 85. Floor Flatness Meter Equipment 75.00/day Note: The above charges will be made for tests and equipment operated by ECS Carolinas LLP personnel in addition to personnel charges. ECS Proposal No. 22.16945 April 5, 2013 ENGINEERING CONSULTING SERVICES www.e,csfimited.com Cost Estimate 1 4, T21 I Cqden Buq&fwss La ri,e Protect Damp:: Operatlions and Maintananco W limlsiggon NC 20 1.,Shy 2 101 par-ifi ty FlhonW Oil))1:186,91 i4 Proposal Mtrriber: 16945 Pa X, (sllwaBQ41kr6� Dam. AP-fill 5,zol 5 C(INSTRUCTION MATERIALS TESTING SERVICES As,sumptions: EarihworK 20 visits, @ 6 our per day 2 Flrocfnr Sample fowflflqations 12 visit a hours per day 10 sets of Concrele Cyls Concrete 5'labG 6 visit 8 hours per day 1 sets of Concrete,Cyls, Maionry 8 Visits @ 4 hours per day 8 sets of Mortar,Cu",s StrUcloral Steel (Moment Welds) 12 OE-its @ 4 hours per day Asphall 5 vis,ios Cey hours per day 9 Asphalt Cores(Turn!Lane) Field 5arvicoz:, Quantity Und Rate Cost Erogiineof E-arth work 20 wgits 15 how s 1 v1sil 3b,00 hour $ 4,2MOIJ Foundations 12 vial s @ 5 hours ! visit '5 35 00 f hour $ 2,520.00 Cniricretv siabs 6 vats a 8 hours I vilsat 5 36.00 hour S 1'"0'00 Masanry 8 vists @ 4 hours i virso S 36-00 f hoeir S 11120,011) Struclural St 12 visits @ 4 J�otjrs 1 vH,,q $ 7000 1 hour $ 3,,MOM Arsphall 5 visit @ a; hour I v1sit $ 45,00 r hour $ fit e B3 yi5its 0 1,6 mileb I $ 005 f [iri,le $ (55520 Field Sarvkes Subtota't- $ !S'3 5m Laboratory Testing: Quantity Unit Rate Cost Standard Proctor 2 samplie $120,00 5ample $ 24000 G!railp,53 ize Analys is 2 sanlples $ 430,M) 1 Sample $ 120,00 Asplialt Gores 9 wr'8s $ 36,00 ? mire $ 315J.)0 C,onipfessive Stren.9th,,L)f Mortaf Cubes 6 wbes S 12,00 1 'f"Ube $ 288,00 Corn pre—gs ive Sir&ioh,of Cot'll,Cy!s, 20 seta $ 10.00 i cylinder $ 800.00 Lab-orstory Testing Subtutsl f Ij16100 Equipment Rental- Quantity UnH.,Rate Cost Flnur,Ratness Eqoiprr)eni 2 rental'fee-a $ 76-N i d@y $ 450 00 Cate Doli arid,Generatrr 1 rer,,tal far-, $ 90'DD a pay $ Q 0,(h) Nuc,a,f Density Elawl), Revil:al !a w1all Fees $ 50-00 day $ 9x00.00 Eqopmorvt Rental.Subtatal I $ 1,14049 bigixtew IttgM Unit RdtL- cubL Pri rllcipal Engineer tip E brensed'J1 18 houhours, $ 1:25,0 f hour $ 2,250,.00 PrQt90 MaRegger 18 haurb, S B&OO i hour $ 1,530AYJ Secretary 183 tioum $ 37.00 ) hour, S 66151107 Engineering)PrNect Management Subtotal'. ESTIMATEE11 TOTAL COST FOR CONSTRUCTION MATERIALS TESTING SERVICES- S 22,684.20 ECS Proposal No. 22.16945 April 5, 2013 ENGINEERING CONSULTING SERVICES www.ecsfimited.com PROPOSAL ACCEPTANCE ECS Carolinas, LLP Proposal No.: 22.16945 Scope of Work: Construction Materials Testing Services Location: Operations and Maintenance Facility Wilmington, North Carolina Client Signature: Date: Please complete this page and return one copy of this proposal to ECS to indicate acceptance of this proposal and to initiate work on the above-referenced project. The Client's signature above also indicates that he/she has read or has had the opportunity to read the accompanying Terms and Conditions of Service and agrees to be bound by such Terms and Conditions of Service. BILLING INFORMATION (Please Print or Type) Name of Client: Name of Contact Person: Telephone No. of Contact Person: Party Responsible for Payment: Company Name: Person/Title Department: Billing Address: Telephone Number: Fax Number: Client Project/Account Number: Special Conditions for Invoice: Submittal and Approval: ECS offers a full array of services to assist you with all phases of your project, including but not limited to: o Phase 1, 11 and 111 Environmental o Third Party Mechanical, Electrical, o Building Envelope, Roofing, and Site Assessments Plumbing Inspections Services Waterproofing Inspection and • Archaeological Assessments o Geotechnical Engineering Services Consultation • Wetlands Delineations o Construction Materials Testing o Pre-and Post-Construction • Asbestos/Lead Paint Services o Septic/Drainfield Design Services Condition Assessments • Indoor Air Quality Mold Services o LEED® Consulting Services o Specialty Materials and Forensics Testing • Concrete Slab Moisture o Tree and Endangered Species o Stormwater Pollution Prevention Assessments Surveys Plan (SWMPPP) Services Please indicate any of the services you are interested in and a member of the ECS team will contact you to discuss how we can be of service to your project. ECS Carolinas, LLP TERMS AND CONDITIONS OF SERVICE These Terms and Conditions of Service, including any supplements that may be agreed to, CLIENT agrees suits CLIENT'S own risk tolerances. CLIENT may request ECS to along with the accompanying Scope of Services and Professional Fees constitute the entire evaluate the risks and provide a higher level of exploration to reduce such risks, if Agreement["AGREEMENT"]under which Services are to be provided by ECS Mid-Atlantic, desired or appropriate. LLC ["ECS"] (including its employees, officers, successors and assigns) for Client ["CLIENT"](including its employees,officers,successors and assigns). 7.0 RIGHT OF ENTRY/DAMAGE RESULTING FROM SERVICES 7.1 CLIENT warrants that it possesses the authority to provide right of entry permission 1.0 INDEPENDENT CONSULTANT STATUS for the performance of ECS' Services. CLIENT hereby grants ECS and its 1.1 Except as may be otherwise noted herein, ECS shall serve as an independent subcontractors and/or agents,the right to enter from time to time onto the property professional consultant to CLIENT and shall have control over, and responsibility owned by CLIENT and/or other(s) in order for ECS to perform the Scope of for, the means and methods for providing the Services under this AGREEMENT, Services. including the retention of Subcontractors and Subconsultants. Unless expressly 7.2 Except where ECS'Scope of Services explicitly includes obtaining permits,licenses, stated in ECS' Scope of Services, ECS shall not serve as CLIENT'S agent or and/or utility clearances for the performance of ECS' Services, CLIENT warrants representative. that it possesses all necessary permits, licenses and/or utility clearances for the 2.0 SCOPE OF SERVICES Services to be provided by ECS. 2.1 It is understood that the Scope of Services, Professional Fees, and time schedule 7.3 ECS will take reasonable precautions to limit damage to the Site and Improvements defined in the Scope of Services are based on information provided by CLIENT during the performance of ECS' Services. CLIENT understands that use of and/or CLIENT'S contractors and consultants. CLIENT acknowledges that if this exploration, sampling, or testing equipment may cause some damage, the information is not current,is incomplete or inaccurate,or if conditions are discovered correction and restoration of which is not part of this AGREEMENT,unless explicitly that could not be foreseen by a reasonable person, the Scope of Services may stated in ECS'Scope of Services,and reflected in the Professional Fees. change,even while the Services are in progress. 7.4 CLIENT agrees that it will not bring any claims for liability or for injury or loss 3.0 STANDARD OF CARE allegedly arising from procedures associated with exploration, sampling or testing activities, or discovery of Hazardous Materials, or suspected Hazardous Materials, 3.1 ECS shall strive to perform its professional Services in a manner consistent with that or ECS' findings, conclusions, opinions, recommendations, plans, and/or level of skill and care ordinarily exercised by competent members of the same specifications related to discovery of contamination. profession providing similar Services in the same region, under similar conditions during the same time period. No other representation,expressed or implied,and no 8.0 UNDERGROUND UTILITIES warranty or guarantee is included or intended in this AGREEMENT, or in any ECS 8.1 In addition to CLIENT-furnished information regarding underground utilities, ECS report, opinion, plan or other Document of Service, in connection with ECS' shall take reasonable and locally customary precautions, possibly including Services. contacting local public and/or private utility locating services, and/or conducting 3.2 CLIENT understands and agrees that ECS'professional judgment must rely on the research of publicly available information, to identify underground utilities, as facts learned during performance of the Scope of Services. CLIENT acknowledges deemed appropriate in ECS'professional opinion. The extent of such precautions that such data collection is limited to the immediate area that is sampled, tested shall be at ECS'sole discretion. and/or observed. Consequently, CLIENT agrees that it shall not bring a claim, 8.2 CLIENT recognizes that despite due care, ECS may be unable to identify the based upon facts subsequently learned, regarding conditions between locations of all subsurface utility lines and man-made features,and that information sampling/testing points, in areas not evaluated by ECS, or which were not part of obtained by ECS and/or ECS'subcontractor(s)or provided to ECS from any entity the immediate area(s)explicitly evaluated by ECS. may contain errors or be incomplete. 3.3 ECS' professional Services shall be provided in a manner consistent with sound 8.3 CLIENT agrees that ECS shall not be liable for damage or injury, consequential engineering and professional practices. If a situation arises that causes ECS to economic damages, and/or penalties resulting from damage to subterranean believe compliance with CLIENT'S wishes could result in ECS violating applicable structures(pipes,tanks, cables,or other utilities,etc.)which are not called to ECS' Laws or Regulations,or will expose ECS to claims or other charges, ECS shall so attention in writing and correctly shown on the diagram(s)furnished by CLIENT or advise CLIENT. If CLIENT'S actions or inaction result in a violation of applicable CLIENT'S consultants, or for underground features not marked, or improperly Laws or Regulations, ECS shall have the right to terminate its Services in located by governmental or quasi-governmental locators, utility owners, or private accordance with the TERMINATION provisions of this AGREEMENT. utility locating services. 3.4 If CLIENT decides to disregard ECS' recommendations with respect to complying 9.0 SAMPLES with applicable Laws or Regulations, ECS shall determine if ECS is required to notify the appropriate public officials. CLIENT agrees that such determinations are 9.1 Soil, rock,water, building materials and/or other samples and sampling by-products ECS'sole right to make. CLIENT also agrees that ECS shall not bear liability for obtained from the Site are the property of CLIENT. ECS will store samples not failing to report conditions that are CLIENT'S responsibility to report. consumed in laboratory testing for up to sixty(60)calendar days after the issuance of any document containing data obtained from those samples, unless other 4.0 CLIENT DISCLOSURES arrangements are mutually agreed upon in writing. Samples consumed by 4.1 CLIENT shall furnish and/or shall direct CLIENT'S consultant(s) or agent(s) to laboratory testing procedures will not be stored as outlined above. furnish ECS information identifying the type and location of utility lines and other 9.2 Unless CLIENT directs otherwise,CLIENT authorizes ECS to dispose of CLIENT'S man-made objects known,suspected,or assumed beneath the Site's surface,where non-hazardous samples and sampling or testing process byproducts in accordance the Scope of Services requires ECS to penetrate the Site surface. with applicable Laws. 4.2 CLIENT shall notify ECS of any known, assumed, or suspected regulated, 10.0 ENVIRONMENTAL RISKS contaminated, or Hazardous Materials that may exist at the Site prior to ECS mobilizing to the Site. Such Hazardous Materials shall include but not be limited to 10.1 All substances on, in,or under CLIENT'S Site,or obtained from CLIENT'S Site as any substance which poses or may pose a present or potential hazard to human samples or as byproducts of the sampling process, are and will remain CLIENT'S health or the environment whether contained in a product, material, by-product, property. waste,or sample,and whether it exists in a solid,liquid,semi-solid or gaseous form 10.2 When Hazardous Materials are known,assumed,or suspected to exist at the Site, ["Hazardous Materials"]. ECS shall take appropriate precautions deemed prudent in ECS' sole and 4.3 If any Hazardous Materials are discovered, or are reasonably suspected by ECS professional opinion to comply with applicable Laws and Regulations,and to reduce after its Services are initiated,a Changed Condition shall exist. the risks to ECS' employees, public health, safety, and welfare, and the environment. CLIENT agrees to compensate ECS for such precautions. 5.0 INFORMATION PROVIDED BY OTHERS 10.3 When Hazardous Materials are known, assumed,or suspected to exist at the Site, 5.1 CLIENT waives any claim of liability against ECS regarding any claim for injury or ECS will handle such materials as Hazardous Materials. ECS or ECS' loss allegedly arising from errors, omissions, or inaccuracies in documents and subcontractors will containerize and label such Materials in accordance with other information in any form provided to ECS, including such information that applicable Law,and will leave the containers on Site. CLIENT is responsible for the becomes incorporated into ECS Documents of Service. retrieval and lawful removal,transport and disposal of such contaminated samples, 6.0 CONCEALED RISKS and sampling process byproducts. 6.1 CLIENT acknowledges that special risks are associated with the identification of 10.4 Unless explicitly stated in ECS'Scope of Services, ECS shall not subcontract nor arrange for the transport, disposal, or treatment of Hazardous Materials. At concealed conditions[i.e.,subsurface conditions,conditions behind a wall,etc.,that are hidden from view, are not readily apparent, or cannot be accessed for CLIENT'S request, ECS may assist CLIENT in identifying appropriate alternatives sampling/testing]. for transport, off-site treatment, storage, or disposal of such substances, but CLIENT, not ECS, shall make final selection of methods and firms to provide such 6.2 Conditions that ECS infers to exist between sampling/testing points may differ services. CLIENT shall sign all manifests for the disposal of substances affected by significantly from the conditions that exist at the sampling/testing points. Since Hazardous Materials contaminants and shall otherwise exercise prudence in some conditions can change substantially over time, the CLIENT recognizes that, arranging for lawful disposal. because of natural occurrences or human intervention at or near the Site, actual 10.5 In those instances where ECS is expressly retained by CLIENT to assist CLIENT in conditions discovered through sampling/testing may be subject to rapid or gradual the disposal of Hazardous Materials, samples, or wastes, ECS shall do so only as change. CLIENT'S agent (notwithstanding any other provision of this AGREEMENT to the 6.3 ECS will make reasonable efforts to anticipate and identify potential concealed contrary)so that ECS shall not assume the role of, nor be considered a generator, conditions for exploration,sampling or testing. However,CLIENT understands that Storer,transporter,or disposer of Hazardous Materials. such risks cannot be eliminated and agrees that the Scope of Services is that which ECS Proposal Nbg: 1094 et 04/25/2013 Page 1 of 3 56 10.6 Subsurface sampling may result in unavoidable cross-contamination of certain limited sampling,observations,tests,and/or analyses performed by ECS at discrete subsurface areas, as when a probe or excavation/boring device moves through a locations and times. ECS''certification"shall consist of ECS'professional opinion of contaminated zone and links it to an aquifer,underground stream,or other hydrous a condition's existence, but ECS does not guarantee that such condition exists, nor body not previously contaminated, or connects an uncontaminated zone with a does it relieve other parties of responsibilities or obligations such parties have. contaminated zone. Because sampling is an essential element of ECS' Services CLIENT agrees not to make resolution of any dispute with ECS or payment of any indicated herein, CLIENT agrees this risk cannot be eliminated. CLIENT will not amount due to ECS in any way contingent upon ECS signing any such"certification" hold ECS liable for such cross-contamination if ECS provides its Services in documents. accordance with the applicable Standard of Care. 15.0 BILLINGS AND PAYMENTS 10.7 CLIENT understands that a Phase I Environmental Site Assessment (ESA) is conducted solely to permit ECS to render a professional opinion about the likelihood 15.1 Billings will be based on the unit rates, travel costs, and other reimbursable of the site having a Recognized Environmental Condition on, in, beneath, or near expenses stated in the Professional Fees. Any Estimate of Professional Fees the Site at the time the Services are conducted. No matter how thorough a Phase I stated in this AGREEMENT shall not be considered as a not-to-exceed or lump sum ESA study may be, findings derived from its conduct are highly limited and ECS amount unless otherwise explicitly stated in this AGREEMENT. cannot know or state for an absolute fact that the Site is unaffected by one or more 15.2 Should ECS identify a Changed Condition, ECS shall notify the CLIENT of the Recognized Environmental Conditions. Given the foregoing,CLIENT'S acceptance Changed Condition(s)that in ECS'professional judgment require an amendment of of this AGREEMENT shall signify that CLIENT understands the limitations the Professional Fees,time schedule,and/or Scope of Services. ECS and CLIENT associated with Phase I ESAs. shall promptly and in good faith negotiate an amendment to this AGREEMENT. 11.0 OWNERSHIP OF DOCUMENTS 15.3 CLIENT recognizes that time is of the essence with respect of payment of ECS' 11.1 With the exception of the copies of the ECS Documents of Service provided to the invoices, and that timely payment is a material part of the consideration of this AGREEMENT. Payment shall be in U.S. funds drawn upon U.S. banks and in CLIENT, all documents, technical reports, letters, photos, boring logs, field data, accordance with the rates and charges set forth in the Professional Fees. Invoices field notes,laboratory test data,calculations,designs, plans,specifications,reports, shall be due and payable upon receipt. or similar documents and estimates of any kind furnished by ECS["Documents of Service"]maintained in any form deemed appropriate by ECS, are and remain,the 15.4 If CLIENT disputes all or part of an invoice, CLIENT shall provide ECS with written property of ECS. notice stating in detail the facts of the dispute within twenty-one(21)calendar days of the invoice date and agrees to pay the undisputed amount of such invoice 11.2Any exploration, reconnaissance, data review, observations, testing, surveys or promptly. similar Services,analyses and recommendations associated with the Services shall be provided by ECS(including subcontracted Services)for the CLIENT'S sole use. 15.5 ECS reserves the right to charge CLIENT an additional charge of one-and-one-half CLIENT understands and agrees that any use of the Documents of Service by (1.5)percent(or the maximum percentage allowed by Law,whichever is lower)of anyone other than the CLIENT is not permitted. the invoiced amount per month for any payment received by ECS more than thirty 11.3 CLIENT agrees to not use ECS'Documents of Service for any other projects,or for (30) calendar days from the date of the invoice, excepting any portion of the the Project which has changed in scope, or extensions of the Project, from the invoiced amount in dispute and resolved favor of CLIENT. Payment will first be applied to accrued interest and then to the unpaid principal amount. Payment of details contemplated in ECS' Documents of Service. Any reuse without ECS' invoices shall not be subject to unilateral discounting or set-offs by CLIENT. written consent shall be at CLIENT'S sole risk and without liability to ECS or to ECS' subcontractor(s). 15.6 CLIENT agrees that its obligation to pay for the Services is not contingent upon 11.4 CLIENT agrees that ECS'Documents of Service may not under any circumstances CLIENT'S ability to obtain financing,zoning,approval of governmental or regulatory be altered by any party except ECS. CLIENT warrants that ECS' Documents of agencies, permits,final adjudication a lawsuit in which ECS is not involved,upon Service shall be used only and exactly as submitted by ECS. CLIENT'S successful completion of f the Project, settlement of a real estate transaction,receipt of payment from CLIENT'S client,or any other event. Retainage 11.5 Except for daily field reports and concrete test reports sent electronically by ECS to shall not be withheld from any payment, nor shall any deduction be made from any CLIENT and CLIENT'S designees, the following shall apply to all electronic files: invoice on account of penalty, liquidated damages, or other sums incurred by Files in electronic media format of text, data, graphics, or other types that are CLIENT. It is agreed that all costs and legal fees including actual attorney's fees, furnished by ECS are furnished only for convenience, not reliance by the receiving and expenses incurred by ECS in enforcing any provision of the AGREEMENT, in party. Any conclusion or information obtained or derived from such electronic files perfecting or obtaining a lien, recovery under a bond, collecting any delinquent will be at the user's sole risk. If there is a discrepancy between the electronic files amounts due,or executing judgments,shall be reimbursed by CLIENT. and the hard copies,the hard copies shall govern. 15.7 Payment of any invoice by the CLIENT shall be taken to mean that the CLIENT 12.0 SAFETY agrees to the provisions of the AGREEMENT and is satisfied with ECS'Services and is not aware of any defects in those Services, unless CLIENT has provided 12.1 CLIENT agrees that ECS is responsible solely for the basic safety of ECS' notice to ECS in accordance with the DEFECTS IN SERVICE provisions of this employees on the Project Site. These responsibilities shall not be inferred by any AGREEMENT. party to mean that ECS has responsibility for any portion of site safety for any reason. Unless otherwise expressly agreed to in writing, ECS'Scope of Services 16.0 DEFECTS IN SERVICE excludes responsibility for any aspect of site safety other than for ECS' own 16.1 CLIENT and CLIENT'S personnel and contractors shall promptly inform ECS of any employees,and nothing herein shall be construed to relieve CLIENT and/or its other actual or suspected defects in ECS' Services, to help ECS take those prompt, contractors, consultants, or other parties from their responsibility for the safety of effective measures that in ECS' opinion will help reduce or eliminate the their own employees. For active construction sites, CLIENT also agrees that the consequences of any such defect. Corrections of defects attributable to ECS' General Contractor is solely responsible for Project Site safety, and that ECS Services shall be provided at no cost to CLIENT, except in the case that the personnel rely on the safety measures provided by the General Contractor. deficiency is directly attributable to CLIENT-furnished information, CLIENT shall 12.2 In the event ECS expressly assumes health and safety responsibilities for toxic or compensate ECS for the costs of correcting such defects. other concerns specified,the acceptance of such responsibility does not and shall 16.2 Modifications to reports, documents and plans required as a result of jurisdictional not be deemed an acceptance of responsibility for any other health and safety reviews or CLIENT requests shall not be considered to be defects in Services. requirements, such as those relating to excavating, trenching, shoring, drilling, CLIENT shall compensate ECS for Additional Services required as a result of backfilling,blasting,or other construction activities. jurisdictional review requirements. 13.0 CONSTRUCTION TESTING AND REM EDIATION SERVICES 17.0 INSURANCE 13.1 CLIENT understands that construction testing and observation Services are 17.1 ECS represents that it and its subcontractors and subconsultants are protected by conducted to reduce, not eliminate, the risk of problems arising during or after Workers Compensation insurance, and that ECS is covered by general liability, construction or remediation, and that provision of such Services does not create a automobile and professional liability insurance policies which it deems reasonable warranty or guarantee of any type. and adequate. 13.2 Monitoring and/or testing Services provided by ECS shall not in any way relieve the 17.2 ECS shall furnish certificates of insurance upon request. The CLIENT is responsible CLIENT'S contractor(s)from their responsibilities and obligations for the quality or for requesting specific inclusions or limits of coverage that are not present in ECS completeness of construction,nor for complying with applicable Laws and codes. insurance,the cost of such inclusions or coverage increases, if available,will be at 13.3 The professional activities of ECS, or the presence of ECS employees and the expense of the CLIENT. subcontractors, shall not be construed to imply ECS has any responsibility for the means, methods, techniques, sequencing of construction, or procedures of 18.0 LIMITATION OF LIABILITY construction selected, for safety precautions and programs incidental to the 18.1 CLIENT AGREES TO ALLOCATE CERTAIN OF THE RISKS ASSOCIATED WITH THE PROJECT BY Contractor's Work. Furthermore, ECS does not and shall not have or accept LIMITING ECS'TOTAL LIABILITY TO CLIENT,SUBJECT TO AVAILABLE INSURANCE PROCEEDS, authority to supervise,direct,control,or stop Contractor's Work. ARISING FROM ECS'PROFESSIONAL ACTS,ERRORS,OR OMISSIONS AND FOR ANY AND ALL 13.4 ECS strongly recommends that CLIENT retain ECS to provide its Services on a full CAUSES INCLUDING NEGLIGENCE,STRICT LIABILITY,BREACH OF CONTRACT,OR BREACH OF time basis to lower the risk of defective or incomplete Work being installed by WARRANTY, INJURIES, DAMAGES, CLAIMS, LOSSES, EXPENSES, OR CLAIM EXPENSES CLIENT'S contractor(s). If CLIENT elects to retain ECS on a part time basis for any (INCLUDING REASONABLE ATTORNEY'S FEES) UNDER THIS AGREEMENT TO THE FULLEST aspect of construction monitoring and/or testing, CLIENT accepts the increased EXTENT PERMITTED BY LAW,AS FOLLOWS. For projects where ECS' Fee Estimate or risks that a significantly lower level of construction quality may occur and that such proposed fees are: defects may not be undetected by ECS'part time observations. Therefore CLIENT 18.1.1 $10,000 or less, ECS' total aggregate liability to CLIENT shall not exceed waives any and all claims against ECS related to unsatisfactory quality or $5,000,or the total fee for the services rendered,whichever is greater. performance of elements observed or tested by ECS on a part time basis. 18.1.2 In excess of$10,000,ECS'total aggregate liability to CLIENT shall not exceed 14.0 CERTIFICATIONS $50,000,or the total fee for the services rendered,whichever is greater. 14.1 CLIENT may request, or governing jurisdictions may require, ECS to provide a 18.2 CLIENT agrees that ECS shall not be responsible for bodily injury and property "certification" regarding Services provided by ECS. Any"certification" required of damage or losses arising directly or indirectly, in whole or in part, from acts or ECS by the CLIENT, or jurisdiction(s)having authority over some or all aspects of omissions by the CLIENT, its employees, agents, staff, consultants or the Project, shall consist of ECS' inferences and professional opinions based on subcontractors or by any other person or combination of persons to the extent such ECS Proposal Nbg: �o94 et 04/25/2013 Page 2 of 3 57 injury, damage, or loss is caused by acts or omissions of CLIENT, its employees, may be due. Such legal costs include, but are not be limited to, reasonable agents,staff,consultants or subcontractors. attorney's fees,court costs,forensic consultants and expert witness fees,and other 19.0 INDEMNIFICATION documented expenses. 23.3 Where legal action is brought by either party to resolve a dispute,the claim shall be 19.1 ECS agrees, subject to the limitation of liability provisions of this AGREEMENT,to brought and tried in the judicial jurisdiction of the county in which ECS' office hold harmless and indemnify CLIENT from and against damages arising from ECS' contracting with the CLIENT is located. CLIENT waives the right to remove any negligent performance of its Services to the extent that such injury is found to be litigation action to any other jurisdiction,unless mutually agreed to by both parties. caused by ECS' negligent acts, errors or omissions, specifically excluding any damages caused by any third party or by the CLIENT. 23.4 This AGREEMENT including all matters related to performance and remediation 1 shall be interpreted according to the substantive Laws of the state of Virginia (but 9.2 To the fullest extent permitted by applicable Law, CLIENT agrees to indemnify, not including its choice of law rules). defend, and hold ECS harmless from and against any and all liability, claims, damages,demands,fines, penalties, costs and expenditures(including reasonable 24.0 CURING A BREACH attorneys' fees and costs of litigation defense and/or settlement) ["Damages"] 24.1 A party that believes the other has materially breached this AGREEMENT shall caused in whole or in part by the negligent acts,errors,or omissions of the CLIENT issue a written termination notice to the other, identifying the cause for termination and CLIENT'S employees, agents, staff, contractors, subcontractors, consultants, within five (5) business days of identifying such cause. Both parties shall then and clients, provided such Damages are attributable to (a) the bodily injury, bargain promptly and in good faith to cure such cause. If an acceptable cure can be personal injury,sickness,disease and/or death of any person,(b)injury to or loss of achieved within fourteen(14)calendar days from the date of the termination notice, value to tangible personal property,or(c)a breach of this AGREEMENT,except to the parties shall commit their understandings to writing and termination shall not the extent such Damage is caused by the sole negligence or willful misconduct of occur. ECS. 24.2 Either party may waive any right provided by this AGREEMENT in curing an actual 19.3 It is specifically understood and agreed that in no case shall ECS be required to pay or alleged breach; however, such waiver shall not affect future application of such an amount of Damages disproportional to ECS' culpability, or any share of any provision or any other provision. amount levied to recognize more than actual economic damages, subject to any limitations of liability and INDEMNIFICATION provisions contained in this 25.0 TERMINATION AGREEMENT. 25.1 CLIENT or ECS may terminate this AGREEMENT for breach of this AGREEMENT, 19.4 IF CLIENT IS A HOMEOWNER, HOMEOWNERS' ASSOCIATION, CONDOMINIUM OWNER, or for any other reasons which may arise. In the event of termination, the party CONDOMINIUM OWNER'S ASSOCIATION,OR SIMILAR RESIDENTIAL OWNER,ECS RECOMMENDS effecting termination shall so notify the other party in writing,and termination shall THAT LEGAL COUNSEL BE RETAINED BY CLIENT BEFORE ENTERING INTO THIS become effective fourteen(14)calendar days after receipt of the termination notice. AGREEMENT TO EXPLAIN CLIENT'S RIGHTS,AND THE LIMITATIONS,AND RESTRICTIONS 25.2 Irrespective of which party shall effect termination,or the cause therefore,ECS shall IMPOSED BY THIS AGREEMENT. CLIENT AGREES THAT FAILURE OF CLIENT TO RETAIN promptly render to CLIENT a final invoice and CLIENT shall immediately SUCH COUNSEL SHALL BE A KNOWING WAIVER OF LEGAL COUNSEL AND SHALL NOT BE compensate ECS for Services rendered and costs incurred, in accordance with ALLOWED ON GROUNDS of AVOIDING ANY PROVISION of rHls AGREEMENT. ECS' prevailing Fee Schedule and expense reimbursement policy. Services shall 19.5 If CLIENT is a residential builder or residential developer, CLIENT shall indemnify, include those rendered up to the time of termination, as well as those associated defend and hold harmless ECS against any and all claims or demands due to injury with termination itself, including without limitation, demobilizing, modifying or loss initiated by one or more homeowners, unit-owners, or their homeowners' schedules,and reassigning personnel. association, cooperative board, or similar entity against CLIENT which results in ECS being brought into the dispute. 26.0 TIME BAR TO LEGAL ACTION 20.0 CONSEQUENTIAL DAMAGES 26.1 Unless prohibited by Law, and notwithstanding any Statute that may provide additional protection,CLIENT and ECS agree that claims by either party arising out 20.1 CLIENT shall not be liable to ECS and ECS shall not be liable to CLIENT for any of this AGREEMENT or the Services provided hereunder shall not be initiated more consequential damages incurred by either due to the fault of the other,regardless of than two (2) years from the time the party knew, or should have known, of the the nature of the fault, or wherever committed by the CLIENT or ECS, their condition giving rise to its claim,and shall under no circumstances be initiated more employees, consultants, agents, contractors or subcontractors, or whether such than three(3)years from the date of substantial completion of ECS'Services. liability arises in breach of contract or warranty,tort(including negligence),Statute, or any other cause of action. Consequential damages include,but are not limited to, 27.0 ASSIGNMENT loss of use and loss of profit. 27.1 Except for Services normally or customarily subcontracted by ECS in the 20.2 ECS shall not be liable to CLIENT, or any entity engaged directly or indirectly by performance of its Services including, but not limited to surveyors, specialized CLIENT,for any liquidated damages due to any fault, or failure to act, in part or in consultants,drilling and excavating subcontractors,and testing laboratories, neither total by ECS,its employees,agents,or subcontractors. the CLIENT nor ECS may delegate, assign, sublet or transfer its duties, responsibilities or interests in this AGREEMENT without the written consent of the 21.0 SOURCES OF RECOVERY other party. 21.1 All claims for damages related to the Services provided under this AGREEMENT 28.0 SEVERABILITY shall be made against the ECS entity contracting with the CLIENT for the Services, and no other person or entity. CLIENT agrees that it shall not name any affiliated 28.1 Any provision of this AGREEMENT later held to violate a Law, Statute, or entity including parent,peer,or subsidiary entity or any individual officer,director,or Regulation,shall be deemed void,and all remaining provisions shall continue in full employee of ECS, unless such claims are based on acts unrelated to the provision force and effect. CLIENT and ECS shall endeavor to quickly replace a voided of Services under this AGREEMENT. provision with a valid substitute that expresses the intent of,or at least addresses, 21.2 CLIENT agrees that it will not seek Damages from any individual associated with the issues covered by the original provision. ECS as an officer,principal,partner,employee,or owner,from any and all claims or 29.0 TITLES liability for injury or loss that would require such individual to relinquish personal 29.1 The titles used in this AGREEMENT are for general reference only and are not part assets to satisfy such claim. of the AGREEMENT. 22.0 THIRD PARTY CLAIMS EXCLUSION 30.0 SURVIVAL 22.1 This AGREEMENT shall not create any rights or benefits to parties other than 30.1 All obligations arising prior to the termination of this AGREEMENT and all provisions CLIENT and ECS. No third-party shall have the right to rely on ECS' opinions of this AGREEMENT allocating responsibility or liability between the CLIENT and rendered in connection with ECS'Services without both CLIENT'S and ECS'written ECS shall survive the substantial completion of Services and the termination of this consent and the third-party's agreement to be bound to the same terms and AGREEMENT. conditions contained in this AGREEMENT as CLIENT, and third-party's agreement that ECS'Scope of Services performed is adequate. 31.0 ENTIRE AGREEMENT 23.0 DISPUTE RESOLUTION 31.1 This AGREEMENT including the Scope of Services and Professional Fees and all 23.1 All claims, disputes or controversies["Disputes"]arising out of, or in relation to the exhibits, appendixes, and other documents appended to it, constitute the entire AGREEMENT between CLIENT and ECS. CLIENT acknowledges that all prior interpretation,application or enforcement of this AGREEMENT shall be decided as follows: understandings and negotiations are superseded by this AGREEMENT. CLIENT acknowledges acceptance of these terms by submitting a CLIENT Work 23.1.1 CLIENT and ECS agree to attend a dispute resolution meeting within fourteen Authorization to ECS. (14)days of identification of a Dispute by either party. CLIENT and ECS agree 31.2 CLIENT and ECS agree that subsequent modifications to this AGREEMENT shall to negotiate in good faith to resolve the Dispute. not be binding unless made in writing and signed by authorized representatives of 23.1.2 Should negotiation fail to resolve the dispute, CLIENT and ECS agree to both parties. mediate their dispute via a mediator selected by either party,and acceptable to 31.3 All preprinted Terms and Conditions on CLIENT'S purchase order or Work both parties. Authorization, or other service acknowledgement forms, are inapplicable and 23.1.3 Should mediation fail to result in resolution of the Dispute, CLIENT and ECS superseded by this AGREEMENT. agree that litigation may be brought by either party. 31.4 If CLIENT fails to provide ECS with a signed copy of this AGREEMENT or a Work 23.2 Should third-party dispute resolution be required,through mediation or litigation,the Authorization, by the act of authorizing and accepting the services of ECS,CLIENT non-prevailing party shall reimburse the prevailing party for the prevailing party's agrees to be fully bound by the terms of this AGREEMENT as if signed by CLIENT. documented legal costs,in addition to whatever other judgments or settlement sums <END OF TERMS AND CONDITIONS OF SERVICE> ECS Proposal Nbg: �o94 et 04/25/2013 Page 3 of 3 58 CFPTA Agenda Packet 04/25/2013 59 ATTACHMENT A CERTIFICATION REGARDING LOBBYING (To be submitted with all bids or offers exceeding$100,000,must be executed prior to Award) The undersigned certifies,to the best of his or her knowledge and belief,that: (Contractor) 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 Farm-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.C.1601,et seq.)] 3. The undersigned shall require that the language of this certification be included in the award documents for all subawards at all tiers(including subcontracts,subgrants,and contracts under grants, loans,and cooperative agreements)and that all subrecipients 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 Construction HaterialsTesting Services RFP 24 CFPTA Agenda Packet 04/25/2013 60 of 1995). Any person who fails to file the required certification shall be subject to a civil penalty of not less than$10,000 and not more than$100,000 for each such failure. [Note: Pursuant to 31 U.S.C. 1352(c)(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 $10,000 for each such expenditure or failure.] The Contractor, 'certifies or affirms the truthfulness and accuracy of each statement of its certification and disclosure, if any. In addition, the Contractor understands and agrees that the provisions of 31 U.S.C.Section A 3801 et seq.,apply to this certification and disclosure,if any. Date Signature of Contractor's Authorized Official Name and Title of Contractors Authorized Official Subscribed and sworn to before me this_day of .20.in the State of and the County of Notary Public My Appointment Expires ATTACHMENT B CERTIFICATION REGARDING DEBARMENT,SUSPENSION, INELIGIBILITY and VOLUNTARY EXCLUSION DOWER TIER COVERED TRANSACTION (1) The prospective lower tier participant (Bidder/Contractor)certifies, by submission of this bid or proposal,that neither it nor its principals is presently debarred,suspended, proposed for debarment,declared ineligible,or voluntarily excluded from participation in this transaction by any Federal department or agency. (2) The prospective Bidder/Contractor also certifies by submission of this bid or proposal that all subcontractors and suppliers (this requirement flows down to all subcontracts at all levels)are not presently debarred,suspended, proposed for debarment,declared ineligible, or voluntarily excluded from participation in this transaction by any Federal department or agency. (3) Where the prospective lower tier participant(Bidder/Contractor)is unable to certify to any of the statements in this certification,such prospective participant shall attach an explanation to this bid or Proposal. The lower tier participant(Bidder/Contractor), .C.f` C , jA.-$ LA—P certifies or affirms the truthfulness and accuracy of this statement of its certification and disclosure,if any. DATE — °! Construction Materia;s Testing Services RFP 25 CFPTA Agenda Packet 04/25/2013 61 / i I=SIGNATURE A- I I COMPANY XU fard1,vqf, NAME kWf.( TITLE State of Countyof rig Subscribed and sworn to before me this IL day of A 20 0 SAMANTHA I.WARD Notary Public Xa�A Notary Public, North WARD County ty New Hanover County d9 A Expires S] My Commission Expires My Appointment Expires_ 0 1 a 19 March 012i'."2018 ATTACHMENT C ACKNOWLEDGEMENT OF ADDENDA The following form shall be completed and included in the bid. Failure to acknowledge receipt of all addenda may cause the bid to be considered nonresponsive to the solicitation.Acknowledged receipt of each addendum must be clearly established and included with the Offer. The undersigned acknowledges receipt of the following addenda to the documents: Addendum No. Dated Addendum No. Dated Addendum No. Dated Addendum No. Dated .4-tj' Name of Proposer INLIO Construction Mater.'als Test!qg Services R F? 26 CFPTA Agenda Packet 04/25/2013 62 -11 Address 1&4/1411/441, City,State,,Zip y f Sig ature of uthorized Official . t Date ATTACHMENT D AFFIRMATION The following form shall be completed and included in the bid. Failure to affirm availability to perform within the established time frame may cause the bid to be considered nonresponsive to the solicitation. The undersigned hereby acknowledges that the proposed materials testing contractor and their subcontractors(if applicable) are able to perform within the established timeframe as outlined in the Cape Fear Public Transportation Authority Request for Proposal for Construction Materials Testing Services. Name Title , Date ljrlw Construction K'aterials Testing Ser,."ces ZFP 27 CFPTA Agenda Packet 04/25/2013 63 State of ArIllk co-rip I County of A/4XSL-i Subscribed and sworn to before me this r day of 20 Notary Public SAMANTHA I.WARD EO Notary Public, North Carolina Now Hanover County My Appointment Expires My Commission Expires March 02. 2018 AWL", Construction Materials Test'ng Services RFP 28 CFPTA Agenda Packet 04/25/2013 64 V Ve Cape Fear Public Transportation Authority P.O.Box 12630 • Wilmington,NC 23405 • (910)343-0106• (910)343-8317 fax•wavetransit.com March 22, 2013 Ms. Teresa Hart, PE, Director Public Transportation Division NC Department of Transportation 1550 Mail Service Center Raleigh,N.C. 27699 RE: FTA § 5307 Grant NC-90-X525 Dear Ms.Hart: On behalf of the Cape Fear Public Transportation Authority and the employees of Wave Transit, I would like to thank you for your assistance in obtaining FTA funding for our operations center. This project will create or sustain hundreds of jobs in the region. It will also replace a seventy-five year old facility which is woefully outdated. We also appreciate your assistance in working to secure a ten percent match for this grant from the state. This important initiative would not be possible without the assistance of you and your staff and we are very grateful for your efforts. If you need additional information or have questions or concerns about this request, please don't hesitate to contact me or Wave Transit Executive Director Albert Eby. The Authority values our partnership with NCDOT as we hove public transportation initiatives forward in the region. Cordially, David R. Sc u Chairman cc: Cape Fear Public Transportation Authority Members Albert Eby,Executive Director,CFPTA CFPTA Agenda Packet 04/25/2013 65 WV8 Cape Fear Public Transportation Authority r(l Box l26o0^wUmington.wCoV4us ~ (9/0)343-0)06 ~ (910)343-83/r fox~wovovnrsmcom March 21, 2O13 Honorable Mayor Bill Saffo8^Wilmington City Council City ofWilmington 9.O. Box 1818 Wilmington, NCJ84OI Dear Mayor 5affo &City Council: In an effort to meet the changing demographics and commuting patterns of the community, Wave Transit evaluates its service offerings every five to six years. The most recent evaluation led tuthe restructuring of several routes. A consequence of the most recent modifications has led tmsome unintended issues at our downtown transfer facility located on Second Street between Princess and Market Streets. At the top of every hour,there are nine Wave Transit vehicles at the downtown transfer location. Currently there are only six bus slips available for our use. |f metered parking spaces are not available,we are forced to double park or block the Second Street entrance to the City parking deck. We realize that this is not in the best interest of the City or the Authority for the long term, To rectify the situation, the Authority respectfully requests that the City of Wilmington remove five (5) parking meters. The meters are numbered 167, 16Q, 169, 8O4, and 735. |t should be noted that the area of Second Street in question is heavily used by the Wilmington Police Department so our belief is that the loss in revenue would be minimal. We would also greatly appreciate additional pavement markings clearly identifying the bus parking areas. These changes would greatly enhance the safety nfour passengers and employees. We are continuing our efforts with the Wilmington MPO and Councilmember Padgett to move the downtown mu|tinmoda| project fnrward. This will provide bus passengers a facility that meets the needs of the community and allow for safer and more comfortable bus transfers. Asvve work toward this important goal, vve appreciate any assistance the City ofWilmington can provide in meeting our short term needs for a transfer location. |f you have questions regarding this request, do not hesitate to call menr Wave Transit Executive Director Albert Eby. Thank you for your partnership and support as we improve public transportation in the region. dU Chairman cc: Cape Fear Public Transportation Authority Members Albert Eby,Executive Director,Cape Fear Public Transportation Authority Mike xpzmskx Executive Director,Wilmington Urban Area mro CFPTA Agenda Packet 04/25/2013 66 Cape Fear Public Transportation Authority Operations Center Budget Azalea Festival Shuttle 2013 Azalea Festival Actualfares $2,037.85 Total passengers 1,317 2012 Azalea Festival Actual fares $1,941.20 Total passengers 1,411 CFPTA Agenda Packet 04/25/2013 67