GASTONIA CITY COUNCIL MEETING CIYCOUNCILCHANBER. -CITYHALL- GASTONIA, NC APn15,2016-600PM. ENMIBITPAGENUMBER ITEM A: PRAYER Councilman David Humphries ITEM B: PLEDGE OF ALLEGIANCE - Mayor. John D. Bridgeman ITEM C: ADOPTION OFTHE AGENDA ITEM D: APPROVALOF THEI MINUTES (1) Regular Council Meeting - February 2, 2016 ITEM E: PUBLICI EXPRESSION: EACHI PERSON ISI LIMITED TOATOTAL OF FIVEMINUTES SPEAKINGTIME CONSENT AGENDA ITEM 1: ITEM 2: ITEM 3: ITEM 4: ITEM 5: ITEM 6: BUDGETAMENDMENTH16-029, RECOGNIZING REVENUE FROM GASTON COUNTY TOWNSHIP GRANTS BUDGET/ AMENDMENT: #16-030. REVERSAL OF REVENUE AND] BUDGET AMENDMENT AMENDMENT TOTHE CITY OF. GASTONIAGASTONIA CONSORTIUM) FYS2014-15AND 2015-16 ANNUAL. ACTION PLANS(AAP) PROPOSED CONTRACT WITH] PIKE ELECTRIC FOR UNDERGROUND TRENCHING ORDINANCE TOI DEMOLISH 1091 Drake Street Owner: Mr. James A. Carpenter ORDNANCETODINOLSE 8181 Miller St. Owner: Almal R. Love & Robert N. Love, Jr. REGULAR. AGENDA ITEM 7: RESOLUTION, ADOPTING PRELIMINARY ASSESSMENT. AND SETTING THEI PUBLICI HEARING TIME ANDI DATE] FOR LOCAL] IMPROVEMENTS. - SEWER LINE EXTENSION FOR A] PORTION OR BARRINGTON DRIVE PRESENTATION: Mr. Rusty Bost, P.E., Director of Engineering ITEM 8: AWARDOF CONTRACT. FIRESTONE AREA SEWER REHABILITATION PRESENTATION: Mr. Matt Bernhardt, Director of] Public Works & Utilities Mr. Rusty Bost, P.E., Director of Engineering -1- GASTONIA CITY COUNCIL MEETING Apms,2016-6O0PM. CITY COUNCIL CHAMBER - CIYHALI-GASTONIANC ENIIBITFAGENUMBEK ITEM 9: NCDOTTRAFFIC CONTRACT. PRESENTATION: Mr. Matt Bernhardt, Director ofPublic Works & Utilities ITEM 10: ACILITIESMANAGMENT COMMITTEE REPORT. 10 PRESENTATION: Councilman David] Kirlin, Chairman PRESENTATION: Mr.L. Ashley Smith, City Attorney PRESENTATION: Mr. Edward C. Munn, City Manager ITEM 11: CIYATTORMEYSREPORI ITEM 12: CITYMANAGER'SI REPORT ITEM 13: CITYC COUNCILREPORIS ITEM 14: ANNOUNCEMENTS PRESENTATION: City Council Members PRESENTATION: Mayor. John D. Bridgeman INDIVIDUALS REQUIRING ADA RELATED SPECIAL ASSISTANCE AT THIS PUBLIC MEETING/HEARING SHOULD CONTACT THE. ADA COORDINATOR, CITY HALL, 181 SOUTH STREET, P.O. BOX 1748, GASTONIA, NC 28053-1748, AT (704) 866-6861 OR 711 FOR RELAY SERVICE USERS WITHIN 72 HOURS OF THE: MEETINGHEARING. Ag040516 -2- Page 110 Page 110 GASTONIA CITY COUNCIL MEETING FEBRUARY: 2,2016- 6:001 P.M. CITY COUNCIL CHAMBERS- - CITY) HALL- GASTONIA. NC Mayor John Bridgeman called the meeting to order at 6:00 p.m. on Tuesday, February 2, 2016in the City Council Chambers, City Hall, Gastonia, North Carolina. Councilman David Kirlin opened the meeting with prayer. Mayor Bridgeman led the audience ini the Pledge of Allegiance tot the flag. Sherry H. Dunaway, City Clerk, recorded the minutes. PRESENT: Mayor. John) D. Bridgeman Council Members: Robert Kellogg David R.J Kirlin James Gallagher Todd] Pierceall Porter L. McAteer David Humphries Cityl Manager: Edward C. Munn City Attorney: L. Ashley Smith ADOPTIONOFTHE/ AGENDA Mayor Pro Tem Todd Pierceall made a motion to adopt the Agenda as printed. Councilman Kirlin seconded the motion and Council approved it unanimously. PRESENTATION BLACK HISTORYMONTH FEBRUARY2016 Mayor Bridgeman recognized Councilman David Humphries for the presentation. Councilman Humphries presented the Proclamation designating February as Black History Month and encouraged all residents toj join in honoring the many contributions made by African Americans to our City, State, and Nation, and to participate in the many educational and Councilman David Humphries made the Motion to adopt this proclamation. Councilman inspirational events celebrating Black History Month. McAteer seconded thel Motion and Council voted unanimously to approve. (Reference as contained in Exhibit Book 3 to Minute Book 105 at] Page 13) Mayor Bridgeman: noted that no one had signed up for Public Expression. PUBLIC EXPRESSION CONSENT. AGENDA Mayor Bridgeman requested a Motion to approve Items 1 -5 on the Consent Agenda. Mayor Pro Tem Todd Pierceall made a motion to approve the Consent Agenda. Councilman Robert Councilman McAteer stated that hel had spoken with Staff about the steps they must go through before we demolish aj property and asked if there was any way we could give the City some leeway so that maybe some steps could be eliminated. Councilman McAteer stated people Kellogg seconded the Motion. Council approvedi it unanimously. -110- Page 111 Page 111 REGULAR COUNCIL MEETING- = FEBRUARY2.2016 should not have to live next to these dwellings any longer than necessary and also it reduces the Mayor Pro Tem Pierceall requested these points be added to our Legislative Agenda if possible. amount ofv work hours Staff currently hast to devote to other projects. ITEM 1: ORDINANCE TODEMOLISH 416 E. Park Avenue Owner: Ed. Ace Beam ORDNANCETODEMOLSE 1166. Jason' Wolfe Court Owner: Maura Zavala (Reference as contained in) Exhibit Book 3 tol Minute Book 105 at] Page 14) ITEM 2: (Reference as contained inl Exhibit Book 31 tol Minute Book 105 at] Page 15) ITEM 3: RESOLUTIONACCEFING THE PROPOSALOF BANC OF AMERICA FUBLCCAETALCOREN CONNECTION WITH ANI INSTALLMENT FINANCING FOR VAROUSVEHCIESAND EQUIPMENT FOR $3.215.000. BUDGETAMENDMENT 16-025$27.055 COURTANDI NORTH FALLSSTREET BUDGETAMENDMENT #16-024 $7.951 RECOGNITION OF REVENUEI FROM GASTONIA POLICEFOUNDATON. FOR SHOP WITHACOP: 2015 (Reference as contained in] Exhibit Book 31 to Minute Book 105 at Page 18) (Reference as contained inl Exhibit Book 3 tol Minute. Book 105 at Page 16) APPROPRIATE: FUND BALANCE: TO COVER THEC COST OFI LAND ACQUISITIONI FOR] PROPERTIESON QUEEN (Reference as contained inl Exhibit Book3 3 tol Minute Book 105 at Page 17) ITEM 4: ITEM 5: REGULAR AGENDA MONTHLY FINANCIALREPORT DECEMBER 2015 Mayor Bridgeman recognized Ms. Melody Braddy, Director of Financial Services for the next Ms. Braddy stated the next couple of items she will present are actually in your Agenda for the Retreat on Saturday, but we decided to address these tonight. Ms. Braddy presented the December Monthly Financial and she noted we are half way through the year and most of our funds are operating as budgeted. Ms. Braddy noted in Exhibit 6-4, the Ad Valorem taxes exceed expectations through the month of December and thisi is the largest revenue in the General Fund and all taxes are due on. January 6th. Ms. Braddy noted that when we close the month of. January we willl have a good idea of how we are going to doi in that largest revenue in the General Fund. Councilman Gallagher noted that the tax rate went up from 3 percent to 4j percent ini the Electric Fund and we are supposed to get back some of that money from the General Assembly. Mr. Munn stated that this replaced the Utility Franchise Tax and that comes into us as Sales Tax int the General Fund. We account for it separately, an example, last year we had a linei item that had Sales Tax Revenue and we then broke it out for the Replacement Sales Tax so we could two presentations. tracki it. -111- Page 112 Page 112 REGULAR COUNCIL MEETING- FEBRUARY2.2016 Councilman Humphries commended Ms. Braddy and her Staff for the Budget report and the Councilman Gallagher asked if wel had ani increase in Ad Valorem taxes tot the plus. Ms. Braddy stated the tax rate did not increase but explained what we are seeing in the Ad Valorem category is the way we collect the tax and the tag program because now you pay your taxes when you get your tag. Ms. Braddy noted that the collection rate used to be at 83% and this past year it was 90 % and we are being told that eventually the collection rate will be close toa 100j percent; therefore, creating an increase in our revenue because we are more successful work theyl have done setting the Budget. collecting that tax. (Reference as contained in Exhibit Book 31 to Minute Book 105 at Page 19) 2017 BUDGETSCHEDULE Ms. Braddy stated the 2017 Budget Schedule work sheets havel been sent out to the Departments. There are two sections highlighted because we need to set some dates. The first date is to review each line items with the departments and then we schedule a Budget Outlook sometime in late After discussion, the Council agreed to May 4th and May 16th (if needed) as the dates for the March with the Council. budget workshops. (Reference as contained in) Exhibit Book 3 tol Minute Book 105 at] Page 20) CITY CHARTER UPDATE Mayor Bridgeman recognized City Attorney, Mr. L. Ashley Smith for the presentation. Mr. Smith stated this was another item originally scheduled for the Saturday workshop but we decided to discuss tonight. Mr. Smith noted that there is a copy of the Charter in the Agenda with some annotations ofi items that are obsolete and need tol be cleaned up (e.g., extra-territorial jurisdiction, protest petitions) as well as sections that Council may wish to revise. Mr. Smith stated that there are some sections like Article 6 with regard to assessments for public improvements that the Legislative Drafting Office may tell us we do not need anymore. Mr. Smith noted that if you agree with this draft, we will ask the local delegation to sponsor a bill Mayor Pro" Tem] Pierceall asked ifa vote was needed to approve the proposed changes. Mr. Smith stated that if Council is in agreement with all the changes that are red-lined, we will ask the General Assembly to revise those and then with Article 6, Public Improvements, if you willj just recognize the fact that we are going to ask the Legislative Drafting Officei ifit should be Mayor Pro Tem Pierceall made thel Motion to approve as presented with the option pertaining to Article 6 on advice from the General Assembly. Councilman Humphries seconded the Motion. Mr. Smith stated that noj public hearing is required. Some oft the changes the Council can make to the Charter, like four year terms, two year terms, or staggered terms, can be subject to a referendum if you choose. The Council has not chosen to do that in the past ten years because the cost of an election is about $65,000. A public hearing is required for those sort of changes making these changes. removed and they concur, that willl be taken out unless you tell us otherwise. Councilman Kirlin asked ift this required any kind of public hearing. -112- Page 113 Page 113 REGULAR COUNCIL] MEETING- - FEBRUARY2.2016 but not for the kind of changes proposed tonight. These are revisions that we have to ask the General Assembly to change. Councilman Kirlin asked ift the Council should ask the public to weigh in on this. Mr. Smith stated you could have a public hearing if you wanted to, but it is not required and some oft these topics may not be the sort of thing you wanti in a public forum. They may bei issues that you, as the elected representative, are charged with making those decisions in your Councilman Kirlin stated that right now he thought it was more a question of having this conversation in order to realize that we are not soliciting input from the public on this, and that Mr. Smith stated he would not recommend public hearing on these changes and that is typical when you do this sort of Charter revision. Mr. Smith noted he characterized this revision in the Councilman Gallagher askedi ifN Mr. Smith wanted the word "Act" taken out of the Gastonia Fair Mr. Smith stated no, as with Article 6, he is going to ask the General Assembly if that Section can be deleted ini its entirety because the federal Fair Housing Law already applies to the City. Mayor Pro Tem Pierceall stated that he did not notice anything being changed because the City wanted it changed. Every item seems to be mundane, and as far as having aj public hearing he would findi itl hard tol believe that the public would have any interest in any of these items. Mr. Smith stated that this whole issue came up because of a recent change in the Vehicle Tag law that Mr. Munn pointed out, and then after staff began reviewing the entire Charter, we Mr. Munn stated when a City makes changes to the Charter, sometimes the Legislature might weigh in and you may get additional suggestions to change the wording. Ift that occurs, we will Mayor Pro Tem Pierceall made a motion to approve and Councilman Humphries seconded the discretion. Legal is not recommending it. memo as al housekeeping act. Housing Act. decided toj point out all of these other things. bring that! back tot the Council again. Motion. Council approved the Motion unanimously. (Reference as contained in) Exhibit Book: 3t tol Minute Book 105 at Page 21) AGENDA. MANAGEMENT SYSTEM Mayor Bridgeman recognized Mr. Todd Carpenter for the presentation and also congratulated him on) his appointment as the new. Assistant City Manager of Gastonia, North Carolina. Mr. Carpenter stated this item that was on the Agenda for Saturday as well and was moved for discussion tonight and concerns aj new. Agenda Management System that Staff has been working on and plans to implement over the coming months. Mr. Carpenter stated that preparing the agenda, manipulating, editing, and publishing takes a lot of staff time. Mr. Carpenter noted that this is an effort to improve the process and improve internal efficiencies and better serve our citizens. This will be done over the next three to six months and will revolve around the creation of the agenda, the interaction with the agenda, the publishing of the agenda, along with some enhancements to the meeting, website, and streaming. Mr. Carpenter noted this is for informational purposes only. -113- Page 114 Page 114 REGULAR COUNCILI MEETING -] FEBRVARY2.2016 The first Phase would be automating and will involve anyone submitting an Agenda item to the Clerk. It will all become electronic. In addition, Phase One will include a more professional quality stream of our Council meetings at City Hall and at the County. It will also include time stamping andi integrating between our video, agenda and minutes sO that the public will be able to click a certain agenda item that they have interest in and be taken right to the specific place in the video where that is being discussed. Mr. Carpenter noted there would be some changes to our website and that will enhance our transparency and the ability for our citizens to gather information, to: findi information and search on key words related to our meetings. Thel last thing will be looking to do in Phase One is improve the minute taking process that occurs in the Phase Two is what will impact the Council. Mr. Carpenter stated that this Phase involves making it electronic and doing away with paper. Mr. Carpenter noted that Council's interaction would all be electronic using an IPAD or Android device giving you immediate availability to the agenda and once iti is ready and published you will be able to work with it offline and when you connect to the internet it will sync up and your notes and bookmarks will be there. Mr. Carpenter noted that this is the impact part for Council if you choose to move in that direction. Mr. Carpenter noted we will have more discussion after we implement Phase One. Mr. Carpenter stated the goal is to create a better process, create efficiencies, save staff time and dollars and also create al better experience for our citizens that are trying to find information and Mayor Pro Tem Pierceall stated that he was excited to be going in this direction and inquired if Mr. Munn statedi iti may not work in every instance due tot the amount of data or size oft the data. Mr. Carpenter noted that many counties are already utilizing this technology such as Gaston County, Catawba, and Mecklenburg. We will make a decision about the type of device you want Councilman Kellogg stated that this is a very positive move forward and anything that offers Mr. Carpenter stated he would] keep the Council informed of the progress through Phase One and meeting and after the meeting is finished. itisi my belieft that this system will do that. Committee meetings and the Budget Books could be downloaded. Councilman McAteer asked what other cities are doingt this. tou use andt the City would: furnish the tablet for yout to use. more transparency and an opportunity to move forward is a great thing. then we will discuss Phase Two. (Reference as contained in Exhibit Book 31 tol Minute Book 105 at Page 22) Mayor Bridgeman recognized Mr. Munn, City Manager, fort this presentation. Mr. Munn referenced the 2015 Advocacy. Agenda in the attached exhibits. 2015ADVOCACY AGENDA Mr. Munn stated the Advocacy Agenda is essentially a Legislative Agenda and it has been divided in the last few years first with some. Federal priorities and then State. Mr. Munn noted that what is in the agenda is for information with regard to what was approved last year. Mr. Munn stated that this is one of thet things we were going to do in the Work Session on Saturday, and he wanted to allow the Mayor and Council the opportunity to make suggestions to add to or take from our current. Advocacy Agenda. Mr. Munn asked if there were any federal issues or issue the Council wished to discuss. Councilman McAteer asked about local airport issues. -114- Page 115 Page 115 REGULAR COUNCIL MEETING-] FEBRUARY2.2016 Mr. Munn stated the Federal Government moves the money from the FAA through the State but we do not have anything here specifically for airport but we could add something about the Mr. Munn stated that the City does not want the State to cut or eliminate State-shared revenues unless other suitable revenues replace them. Mr. Munn noted that the City opposed unfunded mandates that are established through legislation or regulation that require additional local Mr. Munn sated the Department of Commerce has recommended doing away with the Tier Program and create a whole new system of incentives based upon where inl North Carolina there has been a disinvestment and poverty and need for economic development. They would like to Mr. Munn stated that we want to make sure that urban counties, like Gaston, that have economic needs are protected and that we can compete with other places. Mr. Munn noted we would need to get some. language int there as they go forward to make sure that we are treated equitably in the Mr. Munn stated the State Historic Preservation Tax credits expired on January 1, 2015 and should be reauthorized by the General Assembly. Mr. Munn noted these credits are important Mayor Pro Tem Pierceall stated that the General Assembly has restored some money to the film industry. Mayor Pro Tem Pierceall noted that Gastonia and Gaston County profited from some of those projects and asked ifi it would not be more advantageous for us to add something in about giving more back either to the film incentive program or add it back to where credits Mr. Munn stated that we did get some shows and movies here and Wilmington inj particular fared well. Mr. Munn noted that there has been al huge battle for the past two years and they ended up giving them a much smaller piece of any kind of economic incentive sO we can work on some Councilman Gallagher noted there will be a meeting to discuss coal ash issues on March 1sat Gaston College discussing Riverbend and a second: meeting on March 22nd at Gaston College at Mr. Munn advised that Duke Power has closed the facility at Riverbend and they are in the Mr. Munn stated the City supports program reforms within the NCI Department of Transportation designed to assure the prioritized, expedited funding, design and construction of a capacity- upgraded, and reconfigured I-85/US321 interchange. Mr. Munn said Gastonia also supports improving connections from Gastonia to Charlotte-Douglas International Airport and its new Intermodal Facility, which is a key transportation and economic development priority. Mr. Munn stated toi increase our property values, we need to have more connectivity to Charlotte and Mr. Munn discussed providing enhanced and/or expedited funding for consideration to TIP road projects in jurisdictions where local funds are invested sO in those situations, like for instance our last Bond project whichi is Union Road, we want to be able to get special credit for that because if we are putting that much money into it they should be able to help share in the Mr. Smith, City Attorney, stated with the New Hope Road CMAC Project, the City wanted to do that and it was a DOT road and we have had al lot of issues with the DOT management of that Airport. expenditures without corresponding revenue sources. dos some preliminary work andi in 2017 fix the new system. system. economic development tools for Gastonia and the State ofl North Carolina. would be since theyl had taken everything away. wording about that andt try to get that back to where it used tol be. 6:00 to discuss the Allen Steam Plant. process ofr removing that ash. that would be a strong economic development for us. total. -115- Page 116 Page 116 REGULAR COUNCIL MEETING-) FEBRUARY2.2016 project. Mr. Smith inquired as tol how thats situation meshes with this bullet point because several people in Legal and Engineering have said we: never want toj participate with the DOT that way Mr. Munn requested Mr. Flip Bombardier, Assistant City Manager, explain this. Mr. Munn noted that we were looking at Union Road when we were talking about this item but the situation Mr. Bombardier stated that the New Hope Road is called a CMAC Project and it is special federal money that is paying for about three-fourths of that project and it is difficult enough when you deal with all the state DOT regulations but then you put another entire level of federal regulations on there and it is just our City Attorney states, it makes it much more difficult and complex because you cannot start step B until you completely finish step A. Itj just adds al lot of unnecessary time and steps, in our opinion, to a project. Mr. Bombardier noted it does make it difficult to coordinate with those agencies and unless they are changed, we are probably better served toj just turn a project like that entirely over to the State and let them doi it all the way from Mr. Smith stated that he wanted to get that oni reçord about Union Road that wel hope and intend Mr. Bombardier stated the good news onl New Hope is the right of way is essentially complete as utility relocations are underway and then we turn that over to the State to begin bidding for Councilman Humphries askedi ifbeing close to Charlotte and] Rock Hill translated to any benefits Mayor Pro Tem Pierceall stated that we are often penalized onl home mortgage loans because we Mr. Munn stated that he thought we could develop some language that tries to deal with that Mayor Pro Tem Pierceall stated that it should be placed on the Federal Advocacy page as opposed to the State unless the State will do aj program that benefits the more urban areas of North Carolina. Mayor Pro Tem Pierceall noted that possibly it could be included on both the Mr. Munn asked Mr. Smith to address the bullet point concerning the personnel privacy statute and the Wind case. Mr. Smith stated therei is some language ini the Personnel Privacy Statute that says notes, reviews, and investigations about an employee are part of an employee's personnel file but do not have to be disclosed to the employee. In the past, especially in the Police Department, the administration had used that exception to keep the employee from retaliating against someone who lodges a complaint. The complaining person could be a fellow employee or it can be a member of the public. The Wind VS. Gastonia case was about an internal affairs complaint in the police department. The officer demanded the name of the fellow officer. Mr. Smith noted that we tracked the language in the statute that said we did not have to release it but the Court of Appeals and Supreme Court did not agree: therefore, staff recommends that this Mr. Smith also noted that there could be a bullet point for the issue that Councilman McAteer suggested at the beginning of the meeting about addressing time lines that are specified by State Mr. Munn asked for any others suggestions noting that we can always add or adjust what we have but we want to get this together sO when wet talk to our Legislators we can say thisi is what wea are again because oft the way the project was managed. with New Hope Road would be al little different. design through right-of-way acquisition to construction. ittob be different than the CMACI Project on) New Hope Road. construction. or considerations for Gastonia. are classified as an urban area. subject because wel have discussed: it before. Federal and State Advocacy pages. language needs tol be corrected. Statute for housing code and building code enforcement. -116- Page 117 Page 117 REGULAR COUNCIL MEETING-) FEBRUARY2.2016 interested in. Mayor Bridgeman suggested that we think about this and if anyone wants to consider adding or discussing something further that we could do it at the Strategic Planning Councilman Kellogg referred back to the Museum and if we could ask the County as a unified Mr. Munn stated the history of thel Museum was thati it was a collaboration between the City and the County and they paid for all the education positions, which there were three or four positions that were funded through the school system, but as the school system budget kept getting cut then the participation back through the museum diminished and the funding went to zero. Mr. Mr. Smith stated that he wanted to add that Councilman Humphries touched on the Museum when he spoke to the County Commissioners about the township grants last Tuesday evening. Councilman Humphries stated that he did speak with them but made no progress and thinks we should keep pushing them to cover enough to where every student in the Gaston County Schools can go to the Museum at least once a year whether iti is a separate item for them or part of the Councilman Gallagher stated that for 37,000 students to attend the cost is $50,000 for one class trip for each student to attend the Schiele Museum and this is very reasonable and something the Councilman Humphries stated there is new software they can use for years to come that is something new to put out there for the kids and this could inspire some kids to do something great in Science because they were interested in something they saw for five minutes at a Councilman Kirlin suggested that ats some point, whenever everyone feels the timing is right, that the City Council and County Commission have a Summit because there are several areas of interest in common and one of those that he specifically is interested in is the water and sewer line extensions. Councilman Kirlin noted that we have some things to offer and we have some things that we would like to see them offer and we have al lot of areas that we could collaborate on. Whether this summit takes place before or after this next election, he thinks we need to start working up an agenda of those things and we need to sit down and extend the hand to work meeting. body to reconsider pitching in any money. Munn noted there would needt to be a renewed effort. school's budget but we needt toj pursue thist fort the students. County could and should do. Museum so you never. know. together and pool our resources to get things accomplished. (Reference as contained in Exhibit Book 3 to Minute Book 105 at Page 23) AUDIT-BIDS COMMITTEEREPORT Mayor Bridgeman recognized Councilman Kirlin, Chairman, Audit/Bids & Insurance Committee Councilman Kirlin stated the Committee met on Thursday, January 21S1 with one item which was the Wellness Program which is shown as Exhibit 11 in the Agenda. Councilman Kirlin stated the Committee voted unanimously (3-0) to move forward with the 360 Wellness Roadmap pricing between $7,500 and $10,000 and directed staff to bring a full strategic plan with pricing tot the February 16, 2016 City Council meeting for approval. Councilman Kirlin made this int the form ofal Motion. Councilman Gallagher seconded the Motion. The Council voted unanimously for this presentation. to approve the Motion. (Reference: as contained: inl Exhibit Book 3 tol Minute Book 105 at Page 24) CITYATTORNEY'S) REPORT -117- Page 118 Page 118 REGULAR COUNCIL MEETING-) FEBRUARY2.2016 Mayor Bridgeman recognized Mr. L. Ashley Smith, City Attorney for his report. Mr. Smith stated Mr. Dale Becker, whom Councilman Kirlin mentioned in the opening prayer, was the City's Electrical Director when Mr. Smith first came to work here. Mr. Smith stated that Mr. Becker was a very intelligent man and had several patents that he had on his wall in his office. Mr. Smith noted that Mr. Becker saved the City a lot of money during his tenure and he willl be greatly missed. CITY MANAGER' 'S REPORT Mayor Bridgeman recognized Mr. Edward Munn, City Manager for his report. Mr. Munn stated that Mr. Tony Childress, a current city employee, passed away last week and was actually working at the Water Plant just the week before on' Thursday. Mr. Munn noted that Mr. Childress worked for the City fori fifteen years and we will miss him greatly. Councilman McAteer noted that Jerry Wilson, a former cemetery employee, passed away as Mr. Munn stated that he and Michael Peoples will be attending the City-County Managers meeting in Durham for the next two days. Mr. Munn also noted that the Gazette has requested information on the vehicles that the City would be purchasing. Mr. Munn passed out the City's Vehicle and Equipment Renewal and Replacement Program for Fiscal Year 2015/16 which will be added to the Exhibits. Mr. Munn also passed out the list of projects which Gaston County Commissioners approved as part of their Township Grant program. Mr. Munn noted that al local match was requested for these recreation projects and the project at the Farmer's Market so that will be something that we will be putting in this year's budget. Mr. Munn stated with regard to the water improvement project in Smyre, that it was already a match; therefore, all the money well. that we were able to gett there helps up tol be ablet toj provide water to Smyre. (Reference as contained inl Exhibit Book 31 to Minute Book 105 at Page 25) CITYCOUNCI.REPORIS Councilman Humphries thanked the County Commissioners for the Grant funding. Councilman Humphries also thanked Public Works and thej pothole crew for their swift work in repairing the potholes after the bad weather. Councilman Humphries requested that everyone remember the service members serving all over the world, to keep them and their families in your prayers. Councilman Humphries stated that he would like to see the parking issues addressed at Crowders Mountain State Park due to people waiting for hours and even leaving before they ever get to park. Mr. Munni referred thist tol Mr. Chuck Dellinger, Director, Parks and Recreation. Mr. Dellinger stated that he was on the Crowders Mountain State Park. Advisory Board and there iss some funding going to the Linwood Access area for 230 additional parking spaces along with restrooms. Mr. Dellinger noted that another portion of the funding was to go toward the lake portion to makei it handicap accessible and to add picnic shelters, canoe: ramps and some uplifting Councilman McAteer thanked the County Commissioners for their generosity in all of the Mayor Pro Tem Pierceall stated that the Connect NCI Bond Package is coming up on the March ballot and the Board of] Realtors and the City of Gastonia both support the Connect NC. Mayor Pro Tem Pierceall noted the Realtors were donating $150,000 to promote Connect NC and he ofthe lake as well. projects wel haver requested money. -118- Page 119 Page 119 REGULAR COUNCILMEETING- FEBRUARY2.2016 encouraged everyone to read about this package because it will do great things for our State. Mayor Pro Tem Pierceall also congratulated City employee, Juliann Lehman, for winning the Realtor Friend Award for her involvement and the City'sinyolvement with the Gastonia Down Councilman Gallagher stated that he went to the Realtor's Association Award banquet and the food was supplied by the Conference Center and it was really good, and he highly recommends using the facility. Councilman Gallagher noted that he attended the County Commissioners meeting and they had a million dollars to use within Gastonia and wej put in nine projects and we got six of those and it is actually $830,00 that will be spent here on these projects within Gastonia. Councilman Gallagher expressed his apprection to the County Commissioners. Councilman Kirlin expressed his thanks to the Councilmen that represented us at the Councilman Kellogg stated that he was very glad to be able to attend the County Commissioners meeting and it was very encouraging to see all oft the local municipalities there working together and trying to do what is best for the community. Councilman Kellogg stated that he is going to be meeting with some individuals concerning some issues from Akers Center and he also expressed his thanks to the Police Department for their presence at Akers Center. Councilman Kellogg stated he had noticed officers in the parking lot, not on a call, butj just observing what is going on and he appreciates the work they do. Councilman Kellogg noted a citizen had contacted him about the lack of a park or recreational facility in Ward I. Councilman Kellogg stated ift therei is additional money or funding int the future that there are al lot of folks ini that area Mayor Bridgeman stated that he attended two retirements last week and each retiree had 29 years ofs service with the City. One was Mr. Melvin Burris with the Fire Department, who also serves ont the. ABC Board, and Mr. Jackie Beard who retired from the Electrical Department. Mayor Bridgeman requested that a sign be placed at each Council meeting pointing out where you sign in for Public Expression ift the Council agrees. Mayor Bridgeman noted there is one at Payment Assistance Program. Commissioners meeting last week. that would appreciate some type inj park. the City on the TV screens but therei isi not as sign at the Courthouse. Mr. Munn stated] he will check out some different signage options. ADJOURNMENT Councilman Kirlin made the Motion to adjourn and Councilman Gallagher seconded the Motion. The meeting adjourned at 8:15 p.m. Mayor. John D. Bridgeman L. Ashley Smith, City. Attorney Sherry) H. Dunaway, City Clerk Rc020216 -119- MEMORANDUM Date: To: From: Thru: Subject: March 17, 2016 Mayor & City Council Edward C. Munn, City Manager Margo M. Tauzel, Project Administrator Rusty Bost, PE, Director of] Engineering/City Engineer Item for April 5, 2016 City Council Meeting BUDGET AMENDMENT # l6 -629 RECOGNIZING REVENUE FROM At the December 1, 2015 City Council Meeting, City Council discussed which projects would be submitted to Gaston County for the Township Investment Grants Program. All of those projects were submitted and the County selected the following projects for GASTON COUNTYTOWNSHIP GRANTS funding: Smyre Water System Conversion Erwin] Park Community Center Spray-Ground Playground Addition for Smyre Millennium Park Playground Addition forI LC. Falls Park Farmers Market Expansion fort these projects. City Attorney's office. RECOMMENDATION: $ 227,000 $ 180,000 $ 45,000 $ 45,000 $ 33,000 The attached budget amendment is to recognize the grant revenue and set up the funding This agreements were prepared by Gaston County and have been reviewed and approved by the It_is therefore recommended that the attached budget amendment for revenue recognition and the contracts for the Gaston County Township Grants be approved. MoleusMnh Mauyel Margo M/Tauzel Project Administrator Attachment EXHIBIT 1-1 Budget Dept CF Amendment# 16-029 CITY OF GASTONIA BUDGET. AMENDMENT LINE ITEM' TRANSFERS WITHIN BUDGET APPROPRIATION (City, Manager: approves unlimited amount! between divisions within: appropriations) TRANSFERS BETWEEN APPROPRIATIONS (Cityl Managera approves unlimited amount! betweens appropriations) ADDITIONALFUNDS AND' TRANSFERS BETWEEN FUNDS (Council approves) COUNCIL: MEETING DATE: April 5, 2016 FORJ BUDGET USEONLY EXISTING BUDGET 8 0 0 0 805168 o 8 INCREASE 55,000 22,000 33,000 150,000 (90,000) 60,000 180,000 180,000. : 227,000 227,000 No REVISED BUDGET 55000 33,000 22,000 150,000 715,168 l0,000 180p00 180c00 227,000 ACCOUNT DESCRIPTION Farmers Market Contracted Construction Miscellaneous Donations Gaston County Playground Additions atl ICI Falls & Smyre Millennium Parks Equipment-Other Contracted! Services Gaston County Erwin Center Equipment-Other Gaston County Smyre Water System Conversion Utility System) Improvements Gaston County ACCOUNT NUMBER (DECREASE) 283-848-73020 283-848-335800 283-848-350500 621-883-74020 621-721-45000 621-883-350500 283-624-74020 283-624-350500 462-800-73010 462-800-350500 3036 106 3243,16 o Does this amendment adversely impact your operation? Yes Tore recognize revenue from Gaston County Township Grants Hgnul MargoM.Tate, Project Administrator X IfYes- Whati ist thei impact? REASONFOR: ADJUSTMENT SIGNATURES. DATE APPROVALS DATE 03/22/16 PRIGINATOR CITY MANAGER. Edward C.I Munn REV.02/08/95 DEPARTMENT HEAD ys But CITY COUNCIL DATE 03/22/16 DATE 03/22/16 Rusty) Bost, PE, City] Engineer' S EXHIBIT 1-2 MEMORANDUM DATE: TO: FROM: THRU: March 17, 2016 Mayor and City Council Edward CI Munn, City Manager Margo M. Tauzel, Project Administrator Rusty Bost, PE, Director of Engineering/City. Engineer SUBJECT: Item for April 5, 2016, City Council Agenda REVERSAL OF REVENUE AND) BUDGET AMENDMENT#, /6-030 InFY 14/15 and) FY 15/16, the City of Gastonia recognized revenue (and corresponding equal expenditures) for Federally/State funded "CMAQ" projects to be administered through our MPO, but for other municipalities (i.e., these projects could come through Gastonia as lead MPOagencyi fori implementation). None ofthese projects have signed agreements with] NCDOT yet. Since these projects are for other municipalities and represent equal revenues and expenditures, there is noj positive nor negative impact to Gastonia's finances; we are simply a In order to prevent multi-year (financial) carryover of projects that may or may not move forward through the other municipalities, staffi recommends reversal oft the revenue: recognition (and corresponding expenditures) until the agreements are in place and the exact project costs are known. At that time, an applicable contract and any necessary. budget amendments would be brought back before the Gastonia City Council for consideration. Engineering staff, in conjunction with the Finance Department, have prepared. the attached budget amendment pass-through' entitiy as lead agency for the MPO. representing such. Itis,t therefore, recommended that the attached budget amendment be approved. ugehl.Jalyl MARGOI M. TAUZEL Project Administrator Koty Bat RUSTY BOST, PE Director of Engineering/City Engineer EXHIBIT 2-1 Budget Dept CF Amendment # I6-030 CITY OF GASTONIA BUDGET. AMENDMENT LINE ITEM' TRANSFERS WITHIN BUDGET APPROPRIATION (City Manager approves unlimited: amount! between divisions within appropriations) TRANSFERS! BETWEEN APPROPRIATIONS (City! Manager approvest unlimited amount! betweens appropriations) ADDITIONAL: FUNDS AND' TRANSFERS BETWEEN FUNDS (Council approves) COUNCIL MEETING DATE: ACCOUNT DESCRIPTION General) Fund Capital] Projects Transportation Planning Other Municipal Grant Match Contracted: Services Conatracted Construction General Fund- Capital Projects Capital Reserve Working Reserve IfYes- Whatj is thei impact? April5,2016 FOR BUDGET USEONLY EXISTING BUDGET 4230680 1491488 694106 3014304 2123000 301349 INCREASE (2,739,192) (684,106) (3,074,304) (350,312) 1,318 No X REVISED BUDGET 10,000 mes 302687 ACCOUNTI NUMBER (DECREASE) Congestion Mitigation and Air Quality 283-491-350040 283-491-350540 283-491-45000 283-491-73020 283-892-89000 Doès this amendment adversely impact your operation? Yes REASON FOR ADJUSTMENT SIGNATURES: DATE APPROVALS: DATE 03/23/16 Tou unrecognize revenue for CMAQI projects for other municipalities until wel have signed agreements PRIGINATOR Margo M,Tayzel, Project FYeLsg CITY MANAGER Edward C.I Munn REV.02/08/95 DEPARIMENT HEAD Kub Deot CITY COUNCIL DATE DATE 03/23/16 Rusty Bost, PÉ, Director of Engineering/City Engineer SDL EXHIBIT 2-2 GASTONIA Great Place. Great People. Great Promise. Memorandum To: Mayor and City Council Thru: Ed Munn, City Manager From: Vincent C. Wong, Housing and Neighborhoods Administrator Re: Substantial Amendment tot the City of Gastonia/Gastonia Consortium FYs2014-15 and 2015-16. Annual. Action Plans (AAP) Date: April5,2015 City of Gastonia staff are considering changes to the FYs 2014-15 and 2015-16 HUD CDBG Allocations. Staff! proposes that up to 200,000orCommuniy Development Block Grant (CDBG) funds be: re-allocated to fund Public Infrastructure: Public Improvements/Pablic Facilities. To comply with federal program regulations, the proposed changes require a substantial amendment The City ofGastonia's FYs2014-15 and 2015-16. Annual Action Plans detail thei funding strategy for the CDBG program each year. The Annual Action Plan implements a one year strategy ofa jurisdiction's: Five-Year Consolidated Plan, and is developed through significant public input, Thep purpose: for the change in activities ist toi fund park improvements int the Smyre Millennial Park and IC. Falls Park areas in the amount of $150,000.00 which were not initially planned for the 2014-15 and 2015-2016 funding allocations. Specific details concerning the changes are as 1. Fund a new category. Public. Infrastructure: Public Improvement/Public Facilities. 2. Allocate up to. $75,000 for, proposed park mprovements to Smyre Millennial Park, 2851 Smyre Drive, Gastonia, NC 28054, to acquire new playground equipment. 3. Allocate up to 875,000. for proposed improvements to IC. Falls Park 1353 Bradford Heights Road, Gastonia, NC 28054, to acquire new playground equipment. 4. Reduce the 2014-2015 and 2015-2016 funding for the Section 108 Loan Program. The City's Citizen Participation Plan (CPP) describes the efforts that the City will take to encourage its residents toj participate in developing these plans. It also provides requirements for public process when a "substantial amendment" to the Annual Action Plan is proposed. The Citizen Participation Plan outlines actions that constitute a substantial amendment and are listed 1. Change the use ofCDBGJ funds from one eligible activity category to another (ie., housing to economic development or public service to public facility) 2. Ifit adds or deletes an activity on the adopted list of priority needs 3. Ifiti increases or decreases funds to a project/activity by more than $25,000 Prior to undertaking this activity, the City must take the required steps involved in amending its FYs2014-15 and 2015-16 Annual Plans to redirect funds from the Section 108 Loan. Activity to thel Public. Infrastructure. Activity. Thej process for the amendment is outlined below: 1. Prior to amending the City of Gastonia/Gastonia Consortium Consolidated Plan/Annual Action Plan, the Housing & Neighborhoods Ofice shall provide citizens with the opportunity to comment on such proposed changes in the use offinds before the Citizens tot the City's FYs2 2014-15 and 2015-16 Annual Action Plans. BACKGROUND: analyses, and planning. PURPOSE: follows: asf follows: Advisory. Board. Exhibit 3-1 2. A7 notice of the proposed change and meeting date will be published no less than ten (10) 3. Housing & Neighborhoods Office will receive comments on substantial amendments. fora 4. The Housing & Neighborhoods. Administrator shall consider any and all comments and, if 5. The Housing & Neighborhoods Office shall make public and shall submit to the HUD Greensboro Office a description of any changes adopted which shall be signed by the days prior to the meeting in a local newspaper ofs general circulation. periodo ofthirty (30) days before the amendment is implemented. deemed appropriate, modify the changes. Community Development. Administrator or approved designee. STAFFING RECOMMENDATION: Staffrecommends: that City Council approve the request for the substantial amendment tot the FYs 2014-15 and 2015-16. Annual Action Plans. Housing & Neighborhoods Staff will be ready to follow the process outlined above should Council approve the proposed Annual Action Plan FUNDINGS SOURCE(S): Federal Funds-U.S. Dept. ofHousing and Urban Development amendments. (HUD) Community Development Block Grant Funds (CDBG) Exhibit 3-2 CDBG JASTONIA GreatF Place. Greatl Peaple. Greatl Promise. Community Development Block Grant City of Gastonia, NC Amendment to the FY2014-15 and FY2015-16 Annual Action Plans CITY OF GASTONIA Housing & Neighborhoods Division Office of Community Development OPO Box: 1748 o Gastonia, NC: 28053-1748 o (704)866-6752 (704)866-6067 fax EXHIBIT 3-3 City of Gastonia, Amendment to FY2014-15 and FY2015-16. Annual Action Plans Table of Contents Cover Sheet... Introduction. Purpose. Citizen Participation Review. 30-Day Public Comment Period. Detailed Summary of Proposed Amendment. Proposed. Amendment for Available funds for FY2014-15 and FY2015-16. Available Funds.. CITYOFGASTONIA PAGE20F6 EXHIBIT 3-4 City of Gastonia, Amendment tol FY2014-15 and FY2015-16. Annual Action Plans Cover Sheet Name of. Jurisdiction: Lead Agency: City of Gastonia, North Carolina Jurisdiction Web address: tp/bmadhoastoniacen City of Gastonia POI Box 1748 150S.York Street Gastonia, NC 28052 Vincent C. Wong (704)866-6756 nemwecholsoniacon Edward C. Munn City Manager Housing and Neighborhoods Division Contact: Phone: Email: Housing and Neighborhoods Administrator Authorized Official: CITY OFG GASTONIA PAGE30F6 EXHIBIT 3-5 City of Gastonia, Amendment to FY2014-15 and FY2015-16 Annual Action Plans Introduction The Community Development Block Grant (CDBG) Program isa flexible program that provides states and units of local government with financial resources to develop viable communities. Grants are provided annually onaf formulal basis. Witht the use of these funds, localg governments are ablet to providing decent housing, as suitable living environment, and opportunities: to expand The Cityo of Gastonia isa ane entitlement community: and Participating. Jurisdiction (PJ)t thata annually receives Community Development Block Grant (CDBG) Funding and HOME Investment Partnership Program (HOME) funding from the U.S. Department of Housing and Urban Development/HUD). Thisi ist thej first amendment tot the fifthy year oft the 2010-2015 Consolidated Plan known ast the FY2014-15 Annual Action Plan, and the first amendment to the first year of the. 2015-2020 Consolidated Plan known as the FY2015-16, Annual. Action Plan. The purpose oft this proposed amendment toi the FY2014-15 and FY2015-16 Annual Action Plans An amendment is necessary to allow. the change in use of federal HUD funding as required by Title24oft the Code of Federal Regulations (CFR), Section 91.505. The purpose oft this amendment economic opportunities, principally for low- and moderate-income persons. Purpose ist to: 1. Fulfill federal requirements 2. Provide information to the residents of the City of Gastonia. ist to describe the City's proposed change in use of CDBG funds. As substantial amendment to an Annual Action Plan generally involves: 1. Deleting activities which will not be completed; (MSA)A percentage updates; and/or 2. Deleting an activity that became ineligible after HUD's Metropolitan Statistical Area 3. Reallocating unspent funds from projects completed under budget as described in the 2010-15 and. 2015-2020 Consolidated Plans and require a substantial amendment toi the Funds are being transferred to eligible neighborhood revitalization and affordable housing activities that can be spent in a timely manner on projects which are the most feasible, meet federal objectives and prioritizes the needs of low- to moderate-income citizens within the FY2014-15 and FY2015-16, Annual Action Plans. community. CITY OFGASTONIA PAGE40F6 EXHIBIT 3-6 City of Gastonia, Amendment tol FY2014-15 and FY2015-16 Annual Action Plans Citizens Participation Review Citizen participation is a requirement of the CDBG Program 24CFR91.105). The City executed the Citizen Participation Plan and provides opportunity for public input throughout the development and approval of the amendment. Citizens are encouraged to engage in public discussion and are notified of both the public hearing and public comment period via the local newspaper publication, The Gaston Gazette, and postings on the City's website tp/pdhobasoniscen ont the events calendar and on the Housing andI Neighborhoods Division web page. Notice of Public Hearing February 29, 2016-5:30PM City of Gastonia Council Chamber 181 S. South Street Gastonid, NC 28052 A public hearing will be held to review the City of Gastonia's proposed First Substantial Amendment to its FYs 2014-15 and 2015-16 Annual Action Plan(s). The public hearing will provide an opportunity for residents to comment on the proposed action. 30-Day Public Comment Period Notice of 30-Day Public Comment Period February 29, 2016- - March 29, 2016 A3 30 day public comment period regarding the City's proposed First Substantial Amendment to its FY2014-15 and FY2015-16 Annual Action Plan(s). Approval of the proposed amendment is tentatively scheduled for Tuesday, April 5, 2016, att the regularly scheduled City Council meeting to! be held at 6:00F PM at City Hall Council Chambers, 181 S. South Street, Gastonia, NC 28052. Proposed activities are eligible per 24 CFR570.201 oft the CDBG Entitlement Program regulations and comply with the national objective to benefit low- and moderate-income persons as low-1 to Proposed. Amendment for Available Funds for FY2014-15 and FY2015-16 Annual Action Plans moderate income clientele. Activity Name: Narrative: Strategic Goa!: Matrix Code: Objective: Public nfrastructure install olayground equipment. Provide, public infrastructure 03E Neighborhood Facilities 03FF Park Recreational. Facilities Provide a safe environment) for children to play Provide, public infrastructure assistance at two (2) area neighborhood park facilities (Smyre Park and I.C. Falls Park) to CITY OFG GASTONIA PAGE5OF6 EXHIBIT 3-7 City of Gastonia, Amendment to FY2014-15 and FY2015-16 Annual. Action Plans JURSDICTION/GRANTEE: City of Gastonia ACTIVITY NAME FY14-15 Section 108 Loan Repayment FY15-16 Section 1081 Loan Repayment FUNDING SOURCE: (CDBG) ELIGIBLITY 570.201(e) 570.201(e) 570.201(c) LMA DATE: 29,2016 TOTAL Community Development Block Grant February (REGULATORY OR OBJECTIVE PROJECT ACTIVITY HCDA CITATION) CITATION BUDGET( ($) BUDGET ACTIVITY DESCRIPTION Section 108 Loan Programs Section 108 Loan Programs recreation and neighborhood facilities The City of Gastonia is proposing the utilization of $200,000 originally designed fors Section 108 Loan Payments to bet transferred and used for Public Infrastructure NATIONAL CDBG CURRENT ACTIVITY: Loan Repayment on CURRENT ACTIVITY: Loan Repayment on PROPOSED ACTIVITY: Replace deteriorating Publicl Infrastructure playground equipment at $308,000 $308,000 $152,035 $152,035 $200,000 $200,000 Detailed Summary of Proposed Amendment ACTIVITY DESCRIPTION I.C. Falls Park- Install Playground. Structure Smyre Millennial Park- Install Playground! Structure Available Funds PROPOSED COSTS $75,000 $75,000 The City's CDBG Annual Action Plans include eligible activities to be funded during a program year. Fiscal year fundingi is to be expended on activities as described in the Annual Action Plan. Pert the City's plans, unspent funds are tol ber reallocated to eligible activities. Thei following table lists the unspent funds tol be reprogrammed byt this amendment: YEAR 2014-15 2015-16 ANNUAL ACTION PLANA ACTIVITY Section 108 Loan Repayment Section 1081 Loan Repayment ANNUAL ACTION $308,000.00 $152,035.00 PROPOSED TO FUND NEW ACTIVITY $ 78,000.00 $122,000.00 PLANE FUNDING AMENDMENT AMOUNT CITY OFG GASTONIAL PAGE60F6 EXHIBIT 3-8 JASTONIA Great Place. Great People. Great Promise. ELECTRIC UTILITIES *1 FLEET SERVICES *; SOLID WASTE UTILITIES Date: To: Thru: From: Subject: April5,2016 Mr. EdN Munn, City Manager Michael Peoples, Assistant City Manager/Operations Ron Gaff, Engineering Manager/Electric Division Proposed Contract) with Pike Electric for Underground Trenching The City received three formal sealed proposals for furnishing Distribution Crews-Underground Trenches. Two proposals and one nok bid were received. The sealed proposals were opened February24, 2016 at the Municipal Operations Center. Pike Electric, has submitted the lowest total item cost proposal. The proposals were compared by adding all the individual units to determine the lowest total The Electric Department has utilized this joint trench contract for installing new underground facilities for residential and commercial projects throughout the electric system. The contractor will install electric, telephone, and cable in one open trench which minimizes right-of-way and disruptive excavation work ont these projects. This isa unit based contract where the contractori is paid onlyf for the unit prices per foot of installation. Each individual utility is invoiced for their share of cost and the contractor must be pre-approved by all utilities toi install their respective facilities. This has proved to be ane economical contract meaning we pay onlyf fort the actual work that is performed by contractor. There are two schedules as part oft this contract, Schedule list for Joint Trench Work, where contractor installs trench and wire for electric, telephone, and cable and Schedule II for Electric only trench work. The The previous contract with Pike has served the City well with many projects. The new contract is being reviewed byt the City Attorney's Office and will meet all City guidelines and specifications. Therefore, itis recommended that the City Council accept the proposal submitted by Pike Electric, Inc. contingent on approval of the contract provisions by the City Attorney's Office, and authorize staff to prepare. the cost. Electric department has utilized this. Joint Trench Contract since 2007. necessary contract documents. EXHIBIT 4-1 JASTONIA Great Place. Great People. Great Promise. MEMORANDUMI Date: To: From: Through: Subject: March 22, 2016 Edl Munn, City Manager Justin Gaff, Housing Code Enforcement Administrator Brian Pruett, Building Code Administrator Rusty Bost, Director of] Engineering/ / City Engineer Ordinance tol Demolish: 109 Drake St. The enclosed information is regarding a demolition ofa dilapidated structure. Thisisa On or about August 19,2015 the Codel Enforcement Division started a case due to complaint from the neighbors. An interior and exterior inspection oft the building revealed significant repairs that needed tol be madet tol bringi iti into compliance. residential structure att the address stated above. Significant issues on this property include: Deteriorated exterior Inadequate piers and footings Water damaged walls and ceilings Missing or inadequate electrical, plumbing, and furnace Owners have not started remodeling work and noj progress has been made. The intent to repair was signed, but the remodelj permit required for additional time was not pulled. The owner was sent an expiration letter. Staff] Recommendation cleared of all debris. (Presentation: Brian) Pruett) Ina accordance with Section 16-132(c) oft thel Minimum Housing Ordinance, itis staff's recommendation: that the premises at 109 Drake St., Gastonia be demolished and the lot JustinG Gaff Housing Code) Enforcement Administrator P.O.I Box 1748 . Gastonia, NC 28053-1748 . Phone 704.866.6760 . Fax 704.836.0010 www.dtyolgastonia.om EXHIBIT 5-1 DEMOLITION CASE COUNCIL CHECKLIST: NEIGHBOR OR COMMUNITY POLICE: DEPARTMENT FIREI DEPARTMENT SANITATION DEPARTMENT TAXV VALUE: $27,070 PUBLIC HEARINGDATE: 11-18-15 OWNER OR REP. PRESENT, ATHEARING INTENTTO! REPAIR SIGNED SUPLEMENTALORDER: ONE ISSUED: 11-30-15 EXPIRED: 12-30-15 OBTAINED REMODEL PERMIT SUPPLEMENTAL ORDERTWO ISSUED: EXPIRED: SUPPLEMENTAL ORDER' THREE ISSUED: EXPIRED: ROUGH-IN! INSPECTIONS PASSED MISCELLANEOUS: EXPIRATION LETTER PROPERTY FOR SALE RECENT CONTACT FROMOWNER UTILITIES DISCONNECTED DATE: 9-10-12 PUBLICI NUISANCE CASES PN;152)WC,PN COMPLAINT FROM: METER TAMPERING CODEI ENFORCEMENT OFFICER TENANT COMPLAINT OTHER X YES YES J YES NO NO NO APPEALED YES NO DEMOLITION & CLEAN-UP WORK FINISHED D YES NO YES YES YES YES YES YES NO NO NO NO NO NO 95. JC; 05 WC,ENV;09 WC, PN; 10 WC, ENV;11V WGNIBNGI4QNC EXHIBIT 5-2 CaseAct Case Address 1091 DRAKEST Location Description 2867 Issued Expire 08/19/2015 09/19/2015 RT 08/19/2015 09/19/2015 II 08/19/2015 09/19/2015 AL 09/30/2015 10/30/2015 RI City of Gastonia Codel Enforcement Division Casel Event Information 41694 Type HOUS HOUSING Activity Type Assignedto 15651 JEREMY! HARRIS 15651 JEREMYHARRIS 15651 JEREMYHARRIS 15651 JEREMYI HARRIS REDTAGPOWER INITIALI INSPECTION ACCESSI LETTERI FOR HOUSING RE-INSPECTION 2867:substandard: conditions 2867:substandard: conditions 2867:substandard conditions 2867: INSPECTEDI HOME WITH OWNER. HOUSE HAS SIGNIFICANT! DETERIORATION TO SIDING. ANDI BOXING. KITCHEN CEILING WILLNEED' TOE BEI LIFTED TO7 7FT OR GREATER. NEEDS FLOOR, WALL, AND CEILING COVERINGI REPLACED ORI REPAIRED. ELECTRICAL. ANDI PLUMBING.. FOUNDATION ANDI PIER REPAIRS. WILL RECOMMEND TOI BEI DEMOLISHED. TAX VALUES $27,070. 09/30/2015 10/30/2015 STS 10/23/2015 11/18/2015 NHM 10/23/2015 11/18/2015 LPP 10/23/2015 11/18/2015 DEED 10/23/2015 11/18/2015 RI 11/04/2015 11/18/2015 PCN 11/09/2015 11/18/2015 RR SENT TO ATTORNEY (RB: TITLES NOTICE OF HEARING: MAILED NOTICE OF LISI PENDENSI FILEIN DEEDINFORMATION RE-INSPECTION PERSONAL CONVERSATION RETURNI RECEIPT 15651 JEREMYHARRIS 15651 JEREMY HARRIS 15651 JEREMYHARRIS 15651 JEREMYHARRIS 15651 JEREMYHARRIS 15651 JEREMY HARRIS 15651 JEREMY HARRIS 286/SENDFORTITLE. 2867:HEARING: SCHEDULED: 11/18/15915AM 2864:15m787 04/09/1990 BOOK 2035, PAGE 808 2867:POSTED! HEARINGI NOTICE. EMAILED. ALLI INVESTORS.- -JLG 2864:lis pendens delivered1 11/9/2015 7015 0640 0001 06157564 james a carpenter 2867: OWNER, JENNIFER CARPENTER, CAME TOOFFICE' TO GETACOPY OF ALL: INVOICES. DISCUSSED CASE AND SHE IS TRYING TOS SELLI HOME. SHE GAVEI HER: PHONEI NUMBER. ANDI WE WILLI FORWARD' TOI INVESTORS. EXHIBIT 5-3 CaseAct Case Issued Expire 11/11/2015 11/18/2015 PCN 11/18/2015 12/18/2015 PCN 11/18/2015 12/18/2015 DOI 11/18/2015 12/18/2015 DAYS 11/18/2015 12/18/2015 PH 11/24/2015 12/18/2015 PCN 11/30/2015 12/30/2015 DAYS 30DAYS 11/30/2015 12/30/2015 SOI 2867:1STSOI 12/02/2015 12/30/2015 RI 2867POSTEDFIRSTSOL: 12/02/2015 12/30/2015 EMS 12/02/2015 01/02/2016 RR City of Gastonia Codel Enforcement Division Casel Event Information 41694 Type HOUS HOUSING Activity Type Assigned to 15651 JEREMY HARRIS 15651 JEREMY HARRIS 15651 JEREMYHARRIS 15651 JEREMY HARRIS 15651 JEREMY HARRIS 15651 JEREMY HARRIS 15651 JEREMYHARRIS 15651 JEREMYHARRIS 15651 JEREMY HARRIS 15651 JEREMYHARRIS 15651 JEREMYHARRIS PERSONAL CONVERSATION PERSONAL CONVERSATION DEMOLITION ORDER ISSUED DAYSTOREPAIR PUBLICI HEARINGI HELD PERSONAL CONVERSATION DAYS TOREPAIR 2867:total view homes (taylor peugh 704-728-7880): came to office toa advise his company has this home under contract 2867:CURTIS WATERS CAMEI BY OFFICE TOI DISCUSS CASE. GAVE HIM COPY OF ORDER TOT DEMOLISH.-JLG 2867:ordert to demo 30d days 2867:J JENNIFER, AND. JAMES CARPENTER, ATH HEARING WITHJ JEREMY AND. JUSTIN. THEY PLAN ON SELLING HOMB TO ANI INVESTOR. ANDI WILL CLOSEI HOPEFULLYI BEFORE. JANUARY. STILL OWE $3540.50 FORI PAST CASES. ISSUED AN ORDER TOI DEMOLISH. ANDI EXPLAINED! PROCESS. UPDATED1 THEIR MAILING. ADDRESS. 2867: CURTIS WATERS CAME TOC OFFICE AND: SIGNEDI INTENT TOI REPAIR. HE WILL WALK THROUGHI HOME' TO MAKE SURE HE WANTS TOI PURCHASE. EXPLAINED! DEMOLITION CATEGORY ANDI NEEDING' TOI BE BROUGHT INTOI NEW CODE COMPLAINCE. -JLG SUPPLEMENTAL ORDERI ISSUED RE-INSPECTION E-MAILSENT RETURNRECEIPT 2867: EMAILEDI INVOICESTOMARSHALLAFAR-LG 2867:1STSOI 7015 06400 0001 0615 6901 delivered 12/02/2015 james carpenter 12/07/2015 01/02/2016 TPC 12/11/2015 01/02/2016 TPC TELEPHONE CONVERSATION TELEPHONE CONVERSATION 15651 JEREMY HARRIS 15651 JEREMYHARRIS 2867: CURTIS WATERS CALLED. ANDS SAID' THATT THEY WOULDNOT! BEI PURCHASINGPROPERIY, 2867: TALKED1 TOMARSHAL: LAFAR ANDI HE SAID THAT THE PURCHASEI HASE BACKEDOUT AND1 THEY ARE LOOKINGI FOR SOMEONE ELSE TOBUY. EXHIBIT 5-4 CaseAct Case Issued Expire 12/15/2015 01/02/2016 TPC 01/08/2016 01/15/2016 MMO 01/13/2016 02/15/2016 TPC 02/15/2016 02/29/2016 EMS 02/25/2016 02/29/2016 EXP 02/29/2016 03/14/2016 PCN City of Gastonia Code Enforcement Division Casel Event] Information 41694 Type HOUS HOUSING ActivityType Assignedto 15651 JEREMY HARRIS 15651 JEREMY HARRIS 15651 JEREMYHARRIS 15651 JEREMY HARRIS TELEPHONE CONVERSATION MEMO TO THE FILE TELEPHONE CONVERSATION E-MAIL SENT 2867:TALKED TOI MOISES ANDHEI MAYI PURCHASE. EXPLAINED: INVOICES ANDI DEMOLITION ORDER. 2867:RECIEVED: MESSAGEI FROMI MOISE THATI HEF HAS ACOATRACTTOPURCHASE: HOME. 2867:OWNER CALLEDTO ASK IFI INVESTOR CALLED, ABOUTHOUSE 2867: SENTI EMAIL TOI MOISES ASKING CLOSING. DATE. HEI EMAILEDI BACK THAT CLOSING WILLI BE2 2-29-13 EXPIREDI DEMO ORI REPAIR ORDER 15651 JEREMY HARRIS OAEWPRAIONIETTER PERSONAL CONVERSATION 15651 JEREMY HARRIS 2867: REALTOR, MOISES, CAME TO OFFICE TOI DISCUSS PROPERTY.STATED THATI HE WAS HAVING ISSUES GETTINGI HOME SOLD. EXPLAINED' TOH HIM THAT WE WILLI BEI MOVINGI FORWARD WITH DEMOLITIONIF PROPERTY ISN NOTI REPAIRED: SOON. HE WILL7 TALK TO OWNER. ABOUT SELLING, DEMOLISHING ORI DONATING TOT NEIGHBOR. 03/22/2016 04/05/2016 RI End of Report. RE-INSPECTION 15651 JEREMYH HARRIS 2867:NO APPARENTI REPAIR TOI PROPERTY. WILL SEND TOCOUNCIL. EXHIBIT 5-5 ORDINANCE DIRECTING CODE ENFORCEMENT OFFICIAL TODEMOLISH Whereas, pursuant to Chapter 16 oft the Code of Ordinances of the City of Gastonia (hereinafter called the "Code"), the Code Enforcement Official of the City of Gastonia (hereinafter called the "Code Enforcement Official") has requested the City Council of the City of Gastonia (hereinafter called "Council") to adopt an Ordinance requiring him to repair or demolish certain structures on certain premises which do not comply with And Whereas, the Council hereby finds that the owners and parties in interest in the premises, commonly known as 109 Drake St., Gastonia, North Carolina, which premises are described in that certain deed dated April 9, 1990 and recorded April 12, 1990, in the Gaston County Registry in Deed Book 2035, Page 808, to certain minimum standards established ini the said Chapter 16 oft the Code; which reference isl hereby made are as follows: James A. Carpenter 1907 Wood St. Apt8 8 Gastonia, NC 28052 And Whereas, the Council hereby finds that the premises are unfit for human habitation under the And Whereas, the Council hereby finds that there has been compliance with all applicable provisions of And Whereas, the owner of the premises, after having been given a reasonable opportunity to do so, has failed and refused to comply with al lawful order of the Code Enforcement Official to repair or demolish the provisions of Chapter 16 oft the Code; Chapter 16 ofthe Coder relative tot the adoption ofthis resolution; structure! located on thej premises within the time therein prescribed; NOW, THEREFORE, BEI IT ORDAINED BY THE COUNCILTHAT: Section 1. The Code Enforcement Official shall cause the structure on the premises commonly known as 1091 Drake St. Gastonia, North Carolina, and described int the aforesaid deed to be vacated, closed, and removed Section 2. The cost of the removal or demolition shall be a lien on the premises to be collected pursuant Section 3. A copy of this Ordinance, certified as a true copy by the City Clerk, shall be recorded in the Gaston County Registry and the Register of Deeds shall index the name of the owner in the "Grantor Index" or demolished. to Article 10 of Chapter 160A oft the North Carolina General Statutes. pursuant tol North Carolina General Statutes 160A-443(5). Section 4. This Ordinance shalll become effective uponi its adoption. Adopted this day of 20 The Honorable John D. Bridgeman, Mayor EXHIBIT 5-6 Ordinance ratified this bya vote of ATTEST: day of upon motion of Councilman seconded by Councilman affirmative to negative notes. City Clerk CERTIFICATION I, do hereby certify that I am the duly appointed City Clerk of the City of Gastonia, North Carolina, and further certify that the foregoing is a true and accurate copy of an Ordinance oft the City of Gastonia oni file ini my office and that such ordinance was adopted by order of the City Council ofthe City of Gastonia atar regular meeting on the day of Witness my hand and the corporate seal oft the City of Gastonia, North Carolina, this day of 20 (SEAL) City Clerk EXHIBIT 5-7 CRAVENST DIRER L NOSTIM SWASHINGTON.ST IS.NOI9NIHSYMAN S.WEBB.ST EXHIBIT 5-8 TERIORATEDS SIDING, DECK& WINDOWS 03-22. 2016 09730420 INADEQUATE PIERSA AND FRAMING ROOFLEAKS EXHIBIT 5-9 JASTONIA Great Place. Great Pcople. Great Promise. MEMORANDUM Date: To: From: Through: Subject: March 22, 2016 Edl Munn, City Manager Justin Gaff, Housing Code Enforcement Administrator Brian Pruett, Building Code Administrator Rusty Bost, Director of] Engineering City Engineer Ordinance tol Demolish: 818 Miller St. The enclosed information is regardinga a demolition ofa dilapidated structure. Thisisa On or about September 2, 2016t the Code Enforcement Division started a case due to the deteriorated condition ofhome. An interior and exterior inspection oft the building revealed significant repairs that needed to be made tol bringi iti into compliance. residential structure att the address stated above. Significant issues on this property include: Deteriorated exterior Inadequate piers and footings Missing Framing Multiple roof leaks Water damaged walls and ceilings Missing ori inadequate electrical, plumbing, and furnace Owners have not started remodeling work and noj progress has been made. Thei intent to repair was not signed, andt the remodel permit required for additional time was not pulled. The owner was sent an expiration letter. Staff Recommendation cleared ofa all debris. (Presentation: Brian Pruett) a Ina accordance with Section 16-132(c) oft the Minimum Housing Ordinance, iti is staff's recommendation: that the premises at 8181 Miller St., Gastonia be demolished and the lot Housing Code Enforcement Administrator P.0. Box 1748 . Gastonia, NC 28053-1748 e Phone 704.866.6760 e Fax704.836.0010 www.dtyolgastonia.com EXHIBIT 6-1 DEMOLITION CASE COUNCIL CHECKLIST: NEIGHBOR OR COMMUNITY POLICE. DEPARTMENT FIRE DEPARTMENT SANITATION DEPARTMENT TAXI VALUE: $19,976 PUBLIC. HEARING DATE: 12-9-15 OWNER ORI REP. PRESENT. ATH HEARING INTENTTOI REPAIR SIGNED SUPPLEMENTALORDER ONE ISSUED: 2-15-16 EXPIRED: 3-15-16 OBTAINED: REMODEL PERMIT SUPPLEMENTAL ORDER' TWO ISSUED: EXPIRED: SUPPLEMENTAL ORDER THREE ISSUED: EXPIRED: ROUGH-IN INSPECTIONS PASSED MISCELLANEOUS: EXPIRATIONLETTER PROPERTYFORSALE RECENT CONTACTFROMOWAEK UTILITIES, DISCONNECTED DATE: 4-17-12 PUBLIC1 NUISANCE CASES WC 03; ENV 05; ENV08;WC14 COMPLAINT FROM: METER TAMPERING CODE. ENFORCEMENT OFFICER TENANT COMPLAINT OTHER YES YES I YES NO NO NO APPEALED YES NO DEMOLITION & CLEAN-UP WORK FINISHED D YES NO DYES K YES J YES YES R YES YES NO NO NO NO NO NO EXHIBIT 6-2 CaseAct Case Address 818MILLERST Location Description 8562 Issued Expire 09/02/2015 10/02/2015 RT 09/02/2015 10/02/2015 AL 09/02/2015 10/02/2015 II 09/21/2015 10/02/2015 PCN 09/25/2015 10/25/2015 IN City of Gastonia Code Enforcement Division Casel Event Information 41820 Type HOUS HOUSING Activity Type Assignedto 15629 JUSTINGAFF 15629 JUSTINGAFF 15629 JUSTINGAFF 15629 JUSTIN GAFF 15629 JUSTIN GAFF REDTAGPOWER 8562:possible housing violations 8562:possible housing violations 8562:possible housing violations ACCESS LETTER FORI HOUSING INITIALI INSPECTION PERSONAL CONVERSATION INITIAL: 30I DAYNOTICE 8562:Ms1 Love came to the office stating she gott this house from ai family member and she! hired aj person to comei ina and 8562: INSPECTED! PROPERTY WITH OWNER. PROPERTY ISE EXIREMELYDILAPDATED, AND WILLI BEA DEMOLITION CASE. MISSING. AND ORI ROTTINGI FRAMING, DETERIORATED ORI INADEQUATE! PIERS,NOHEAT SOURCE, MISSINGI ELECTRICAL, MISSINGI PLUMBING,A AND DETERIORATEDLEAKINGI ROOF. EXPLAINED DEMOLITION CASEI REQUIREMENTS. AND TIME FRAME' TO OWNER. AND CONTRACTOR. SHE WILLE BE GETTING make repairs tot thel house. he destroyedt thee entire interior oft thel house andl left. SOME QUOATES TOS SEE IFS SHE WILLI REPAIR PROPERTY OR REMOVE. 10/30/2015 11/13/2015 STS 11/19/2015 12/09/2015 DEED 11/19/2015 12/09/2015 LPP 11/20/2015 12/09/2015 NHM 11/20/2015 12/09/2015 RRU 11/23/2015 12/09/2015 PPP 11/23/2015 12/09/2015 RI SENT TOATTORNEY (RE: TITLES DEEDI INFORMATION 15629 JUSTIN GAFF 15629 JUSTINGAFF 15629 JUSTINGAFF 15629 JUSTINGAFF 15629 JUSTINGAFF 8562: SENTE FOR TITLESEARCH 03/24/2015 BOOK 4773,PAGE: 1931 15M876 NOTICEOFI LIS PENDENSI FILEIN NOTICEOFI HEARINGI MAILED RETURNED-MAIL UNCLAIMED HEARING SCHEDULED! 12/9/2015945 HEARINGSCHEDULED: 12/9/2015945 85621 POSTEDHEARINGNOTICE 85621 POSTEDI HEARINGNOTICE POSTPLACARDON PROPERTY (NOR 15629 JUSTINGAFF RE-INSPECTION 15629 JUSTINGAFF EXHIBIT 6-3 CaseAct Case Issued Expire 11/24/2015 12/09/2015 RR City of Gastonia Codel Enforcement Division Casel Event Information 41820 Type HOUS HOUSING Activity Type Assignedto 15629 JUSTINGAFF RETURNRECEIPT HEARING: SCHEDULED 12/9/2015945 delivered 11/24/2015 7015 0640 0001 0615 6987 almar rlove 12/02/2015 12/09/2015 TPC TELEPHONE CONVERSATION 15629 JUSTIN GAFF 8562 ALMA CALLED. ANDS SAID THAT SHE WOULDI BE ATHEARING. ALSO: SAID1 THAT: SHE WILL BE GETTING B&B CONTRACTING TOI DO WORK. THEY WILLTRY TOGET PERMIT ONI MONDAY. EXPLAINED THATTHEY WILLNEEDTO! HAVEI LIC. CONTRACTORS FORI MECH, ELECT. ANDI PLUMBINGI LISTED ONI PERMIT. WILLN NEED SOMEONE CALLED TOI DISCUSSI PURCHASING THE PROPERTY. ANDI REQUIREMENTS OF DEMOLITION 8562 OWNER, ALMAI LOVE, CAME TOHEARING. EXPLAINEDI DEMOLITION CATEGORY. WILLI NEED1 TOC GET SERVICE TOS SON WHOLIVES OUTOF TOWN. SHE WILL GET US1 THE. ADDRESS. SHE! MAY DEMOLISH THE HOME. FULLI REMODEL. 12/02/2015 12/09/2015 TPC 12/09/2015 01/09/2016 PH 12/09/2015 01/09/2016 DOI 12/09/2015 02/13/2016 DAYS 12/14/2015 01/09/2016 MMO 12/14/2015 01/09/2016 MMO TELEPHONE CONVERSATION PUBLICI HEARINGI HELD 15629 JUSTIN GAFF 15629 JUSTINO GAFF 15629 JUSTINGAFF 15629 JUSTINGAFF 15629 JUSTINGAFF 15629 JUSTINGAFF CATEGORY. EXPLAINED CONTRACTORS PERMITS AND1 TIMEI FRAME. SIGNED THE INTENT TOI REPAIR IN CASE SHE WANTS TOI REPAIR. DEMOLITION ORDER ISSUED DAYS TOI REPAIR MEMOTOTHE FILE MEMO TO THE FILE 8562:30 day demo order 30 days 8562: CALLED OWNER. AND ASKEDI FOR ADDRESS OF SON AGAIN 8562:Accurint Search Robert) Nathan Love. Jr 515 Belvedere Cir AptA A Kings Mountain,1 NC2 28086 803 Robinson) Rd Gastonia, NC: 28056 47047 Mallard Creek Dr Greensboro, NC2 27405 GRENSBORONCZ7405 12/15/2015 01/09/2016 MMO MEMO TO1 THEI FILE 15629 JUSTINGAFF 8562: ALMA CALLEDBACK. ANDLEFTMESAGE THATI HER SONLIVES. AT4 4704 MALLARD CREEK DRIVE EXHIBIT 6-4 CaseAct Case Issued Expire 12/16/2015 01/13/2016 NHM 12/18/2015 01/13/2016 RI 12/18/2015 01/13/2016 PPP 12/30/2015 01/13/2016 MMO 01/07/2016 01/13/2016 TPC 01/11/2016 01/13/2016 RRU 01/13/2016 02/13/2016 RRU City of Gastonia Codel Enforcement Division Casel Event Information 41820 Type HOUS HOUSING Activity Type Assigned to 15629 JUSTINGAFF 15629 JUSTINGAFF NOTICEOF: HEARINGMAILED RE-INSPECTION 8562: HEARING: SCHEDULED! FOR 1/13/2016) FORI ROBERTLOVE 8562: POSTEDE HEARING! SCHEDULEDI FOR 1/13/20161 FORI ROBERTLOVE 8562: POSTEDI HEARINGI SCHEDULEDI FOR 1/13/20161 FORI ROBERTLOVE POSTI PLACARD ONI PROPERTY (NOR 15629 JUSTIN GAFF MEMO TO THEI FILE TELEPHONE CONVERSATION RETURNED-MAIL UNCLAIMED RETURNED-MAIL UNCLAIMED 15629 JUSTINGAFF 15629 JUSTINGAFF 15629 JUSTINGAFF 15629 JUSTINGAFF 8562: RECEIVED! MESSAGEI FROM ALMA ASKING ABOUT GRANTS. CALLEDI BACK. ANDLEFTMESSAGE THATI 8562:TALKED TO ALMA LOVE AND SHEI IS WORKING ON GETTINGI DEMOLITION CONTRACTOR. HER SONISI IN DONTE KNOW OFA ANY GRANTSI FOR THIS PROJECT. TOWN ANDI MAY STOPI BY TOI DISCUSS. BUTTHEYI PLAN ONI REMOVING. NHP-UNCLAIMED 1-11-16 LPP UNCLAIMED 1/13/16 ALMAI RLOVE 7015 0640 0001 06155 5256 8562:30DAY ORDER TOI DEMOLISH 01/13/2016 02/13/2016 DOI 02/15/2016 03/15/2016 SOI 03/22/2016 04/05/2016 RI End of Report. DEMOLITION ORDER ISSUED SUPPLEMENTAL ORDER ISSUED RE-INSPECTION 15629 JUSTINGAFF 15629 JUSTINGAFF 15629 JUSTINGAFF 30d day HOUSEI HASI NOTI BEENI REMOVED ANDNOAPPARENT REPAIRS. WILL: SEND TOCOUNCIL. EXHIBIT 6-5 ORDINANCE DIRECTING CODE: ENFORCEMENT OFFICIAL TO DEMOLISH Whereas, pursuant to Chapter 16 oft the Code of Ordinances oft the City of Gastonia (hereinafter called the "Code"), the Code Enforcement Official of the City of Gastonia (hereinafter called the "Code Enforcement Official") has requested the City Council of the City of Gastonia (hereinafter called "Council") to adopt an Ordinance requiring him to repair or demolish certain structures on certain premises which do not comply with And Whereas, the Council hereby finds thatt the owners and parties ini interest in the premises, commonly known as 818 Miller St., Gastonia, North Carolina, which premises are described in that certain deed dated March 24, 2015 and recorded March 24, 2015, in the Gaston County Registry in Deed Book 4773, Page 1931, certain minimum standards established int the said Chapter 16 ofthe Code; tov which reference isl hereby made are as follows: Alma R. Love & Robert N. Love. Jr. 521 Jasin Dr. Gastonia, NC 28054 And Whereas, the Council hereby finds that the premises are unfit for human habitation under the And Whereas, the Council hereby finds that there has been compliance with all applicable provisions of And Whereas, the owner of the premises, after having been given a reasonable opportunity to do sO, has failed and refused to comply with al lawful order of the Code Enforcement Official to repair or demolish the provisions of Chapter 16 oft the Code; Chapter 16 ofthe Code relative to the adoption ofthis resolution; structure. located on thej premises within the time therein prescribed; NOW, THEREFORE, BEI IT ORDAINED BY THE COUNCILTHAT: Section 1. The Code Enforcement Official shall cause the structure on the premises commonly known as 818 Miller St. Gastonia, North Carolina, and described int the aforesaid deedt to be vacated, closed, and removed Section 2. The cost of the removal or demolition shall be a lien on the premises to be collected pursuant Section: 3. A copy of this Ordinançe, certified as a true copy by the City Clerk, shall be recorded in the Gaston County Registry and the Register of Deeds shall index the name of the owner in the "Grantor Index" or demolished. to Article 10 of Chapter 160A oft thel North Carolina General Statutes. pursuant tol North Carolina General Statutes 160A-443(5). Section 4. This Ordinance shall become effective uponi its adoption. Adopted this day of 20 The Honorable John D. Bridgeman, Mayor EXHIBIT 6-6 Ordinance: ratified this bya vote of_ ATTEST: day of_ upon motion of Councilman seconded by Councilman affirmative to negative notes. City Clerk CERTIFICATION I do hereby certify that I am the duly appointed City' Clerk of the City of Gastonia, North Carolina, and further certify that the foregoing is a true and accurate copy of an Ordinance oft the City of Gastonia oni filei in my office andt that such ordinance was adopted by order oft the City Council oft the City of Gastonia atar regular meeting ont the day of Witness my hand and the corporate seal ofthe City of Gastonia, North Carolina, this day of 20 (SEAL) City Clerk EXHIBIT 6-7 DEAN:ST VERHILLS DALTONIST ANDR EXHIBIT 6-8 ETERIORATED &WINDOWS FASCIA 201592 WATERD DAMAGED CEILINGAND FLOORF FRAMING 2015925 EXHIBIT 6-9 MEMORANDUM Date: To: From: Subject: March 22, 2016 Ed) Munn, City Manager Rusty Bost, PE, Director of Engineering/City Engineer Item for April 5, 2016 City Council Agenda RESOLUTION, ADOPTING PRELIMINARY ASSESSMENT AND SETTING THEI PUBLIC. HEARINGTIME AND DATE FOR' THE PETITION: FOR LOCAL MFROVIMENIS-SEVER LINE EXTENSION FOR A PORTION OF BARRINGTON DRIVE INSIDE CORPORATE LIMITS The Engineering Department has received aj petition for local improvements to install a sanitary sewer line to serve Barrington Drive. The petition requests that the sanitary sewer system of the City of Gastonia be extended to serve this street as described in the Resolution Adopting Preliminary Assessment, pursuant to Article 10 of Chapter 160A of Currently, there are seven (7) property owners within the area petitioned that would benefit from the sewer line extension. Thej petition was signed bys six (6) property owners. A copy oft the City Engineer's Certificate of Sufficiency is attached for your review. A sanitary sewer line extension is requested by those property owners in accordance with Chapter 14, Article II, Division 2, Section 14-144(b)(1) of the Gastonia Code of Ifthe City Council determines that the sanitary sewer line extension should be made pursuant to Section 14-144(b)(1), al Preliminary Assessment Resolution must be adopted in accordance with G.S. 160A-223 establishing a time and place for a public hearing to bel held to receive public comment concerning this extension. The Resolution Adopting Preliminary Assessment and Setting Date and Time of Public Hearing will be available for adoption, ifthe City Council SO chooses, at the April 5th, 20160 City Council meeting. thel North Carolina General Statutes. Ordinances. (Presentation: Rusty Bost) S16001 Attachment EXHIBIT 7-1 CERTIFICATE OF SUFFICIENCY BARRINGTON: DRIVE SEWER I, Curtis C Bost III, City Engineer for the City of Gastonia, North Carolina, do hereby certify that I have investigated the sufficiency of the foregoing petition under the requirements of Section 14-144(b)(1) oft the Code of Ordinances of the City of Gastonia, North Carolina and find that six (6) owners oft the property abutting on said street, out of atotal of seven (7) owners of said property, have duly signed said petition, and that said owners signed represents at least a majority in number of the owners of the property abutting thereon and at least a majority of all the linear feet of frontage of the lands abutting on saids street. Thist the 30th day of March, 2016. lkcBotz CURTIS C. BOSTII,PE Director of Engineering/City Engineer S16001 EXHIBIT 7-2 Page 1of1 NOTE: Include Water & Sewer Taps when Quoting Net Assessments. BARRINGTON DRIVE SEWER STREET: Barrington Drive Date: Update: File No. Project No. S16001 2/11/2016 3/21/2016 FROM: 3505 Barrington Dr. TO: Kendrick Road TAPFEES WATER SEWER ASSESSMENT AMOUNT $ 266.00 $ $ 266.00 $ $ 266.00 $ $ 266.00 $ 266.00 $ 266.00 $ 266.00 $ 1,862.00 PROPERTY OWNER/ADDRESS Daniel & Vera Huntsinger 3504 Barrington Drive 2* Trent & Shana Conard 3505 Barrington Drive 3508 Barrington Drive 4* Shawn & Tracy Davis 3509 Barrington Drive 5" Randall Duncan 3512 Barrington Drive 6* James & Janet Morris 3513 Barrington Drive 7 Michael & Renee Ramsey 3516 Barrington Drive PID# IO 141144 141141 TOTAL $ 266.00 $ $675.00 $ 941.00 $675.00 $ $675.00 $ 941.00 $675.00 $ 941.00 $675.00 $ 941.00 $675.00 $ 941.00 $4,050 $ 5,912.00 3* Marion Sanchez, Adrianal Echeverri 141145 941.00 141140 141146 I $ 141139 141147 $ $ Denotes Petition Signer VOI Inside/Outside City Limits EXHIBIT 7-3 AMENDED: RESOLUTION, ADOPTING: PRELIMINARY ASSESSMENT AND SETTINGDATE. AND TIME OF) PUBLICI HEARING (Barrington) Drive-Sewer) WHEREAS, the City Council oft the City of Gastonia has determined that iti may bei in the best interest the Cityt toe extendi itss sanitary sewer system andi thati in ordert toj provide such extension itv would bei toa assess part oft the cost thereof upon the real property benefited thereby; and WHEREAS, aj petition has been received requesting such extension and such petition has been signed greater than 50% ofthef frontage oft the property to bel benefited; NOW, THEREFORE, BE IT HEREBY RESOLVED by the City Council oft the City of Gastonia, North manhole located in Barrington Drive, andt then extending in a southerly direction from existing sewer line fora an approximate distance of 420 feet along) Barrington Drive, pursuant to Article 10 of existing Chapter line of Itis proposed that thet total cost of said extension, nott to exceed $266.00 per lot or parcel, shall hereafter assessed upon the benefited properties ont thel basis oft the number ofl lots or parcels abutting the Itis proposed that the assessments herein provided for shall be payable in cash, or if shall: SO elect the option ofpaying the assessment: ini five (5) equal annuali installments, ten any property owner installments for certain qualifying petition signers, said installments to bear interest at the (10)e rate equal of eight annual (8) Aj public hearing on all matters covered by this resolution shall be held at 6:001 PM ont the 3rd of of necessary by Carolina, that: Itisi intended that the sanitary sewer system oft the City of Gastonial be extended from an sewer. 160A be proposed thel North Carolina General Statutes. extension. percent! per annum. 20161 int the City Council Chamber at City Hall, Gastonia, North Carolina. day May, Adopted this the 5th day of April, 2016. Mayor. John D.J Bridgeman ATTEST: City Clerk S16001 Res1790 EXHIBIT 7-4 SEWER PETITION FOR BARRINGTON DRIVE 000ooe PROPOSED SEWER PETITION BOUNDARY PETITION SIGNER EXISTING SEWER 141141 141145 141146 3512 3509 141140 141147 MENDRIOKR RD FIARRE a SITE CNDRICK 0 25_50 100 150 200 VICINITY MAP Feet EXHIBIT 7-5 MEMORANDUM Date: To: From: Subject: March 22, 2016 EdN Munn, City Manager Matt Bernhardt, Director of Public Work and Utilities Rusty) Bost, PE, Director of Engineering/City Engineer Item for April 5,2016 City Council Agenda AWARD OF CONTRACT FIRESTONE AREA SEWER REHABILITATION The sewer network in the area surrounding the Loray Mill and Firestone plant is one of the oldest within the City's system. It was originally several privately-owned and operated mill collection systems, but later as the City grew they were all combined into the City's system. This older infrastructure suffers from the most intense need for maintenance as the pipes and manholes experience wear and tear One of the main concerns for any sewer system operator is sewer escaping the system, for obvious reasons. Of equal concern is ground water and stormwater entering the system (called Infiltration and Inflow, or I&I). During heavy rain events, I&I can overwhelm pipes and leadt to spills. It also has a direct economic impact on pumping and treatment The Firestone Outfall has experienced Sanitary through use over time. SECONDA Sewer asin costs. Firestone Sewer OverallN Map Sewer Overflows (SSOs) during rain. events for over 15 years. Because these events always occur during significant rain events, it is likely that the primary cause of the overflows isi rainwater inflow int the Firestone Basin upstream oft the Firestone Outfall. The most efficient method to identify and make the necessary repairs is through what's known as a "Find and Fix" Contract. In this method, roughly-estimated quantities of typical repair work are bid out to set a unit price for each type of repair. This creates a "menu"-style list of all the repairs that would reasonably be performed, understanding that not all oft them may be needed. The contractor and engineer then work together as a team to locate areas where I&I is occurring, and to prioritize and make the appropriate repairs. The funding for this project is $350,000, which is already budgeted in the Water and Sewer CIP, sO the contract sets a "Not tol Exceed" limit of that amount for the work. While the quotes provided by the bidders exceed the budget, the contractor is aware of Onl March 15,2016, the City of Gastonia received bids for the above referenced project. A total oft two (2) bidders' submitted proposals for these projects and the results of the bidding thel Project Budget. were as shown below: Contractor Kennedy Concrete & Utilities Atlantic Coast Contractors Location Shelby, NC Denver, NC Bid Amount $396,198.60 $420,149.63 A Contract is currently being prepared by the City's Project Administrator, and will be reviewed and approved by the City Attorney's Office. Itisi in conformance with the City of Gastonia's Standard Operating Procedures for Expenditure Contracts. It is therefore recommended that the Contract for the Firestone Area Sewer Rehabilitation be awarded to the lowest qualified bidder, Kennedy Concrete and Utilities, in the amount of $350,000, using current budgeted funding. RECOMMENDATION: Presentation: Matt] Bernhardt, Rusty Bost Attachment EXHIBIT 8-1 Contract No. Purchase Order No. STATE OFI NORTH CAROLINA COUNTY OF GASTON AGREEMENT THIS AGREEMENT, made effective ont the day of "Contractor", party oft the second part; 20161 by andl between the CITY OF GASTONIA, an municipal corporation created and organized under and by virtue of the laws of the State of North Carolina, hereinafter called "City", party oft the first part; and KENNEDY CONCRETE & UTILITIES hereinafter called WITNESSETH: Thatt the Contractor and City, for thec considerations hereinafter: named, agree as follows: ARTICLEI. Scope of Work (a) The Contractorl hereby agreest to furnish all oft the materials, equipment and labor necessary to perform all work andi install alla apparatus and material setf forth in the Schedule of Work a copy of which is attached to and made aj part oft this agreement as Exhibit' "A"i ins strict accordance with all requirements andj provisions of all contract documents as definedi int the General Conditions, a copy of whichi is attached to andi made aj part oft this agreement as Exhibit' "B"; the Specifications together with any special provisions, conditions, andi requirements contained therein, including, but not limited to, large and small scale drawings, a copy of whichi is attached to and made aj part of this agreement as Exhibit' "C"; the Bid ort the Proposal oft the Contractor submitted pursuant to advertisement therefor a copy ofv whichi isa attachedt to andr made part oft this agreement as Exhibit' "D" and thel Instructions to Bidders a copy of whichi is attachedt toa andr made apartofthisa agreement as Exhibit" "E". Itisthei intention oft thep partiest tot this agreement that each and all of the above described Exhibits (Exhibit "A" through Exhibit "E") be fully and completely incorporated! by reference into this agreement asi iff fully herein set out; andi itf further is thei intent of the parties, that by so incorporating these Exhibits unto this agreement that the parties be bound by and perform each and every (b) In case of discrepancy or disagreement in the contract documents, the order of precedence shall be: form ofContract, noticet toj proceed, special provisions, pay item descriptions, large-scale drawings, proposal, general The Contractor shall begint they work at thes site withint ten (10) calendar days ass setf forthi int thel Noticet toj proceed issued by the City. The schedule of work andt the rate ofp progress shall be such as, int the opinion oft the City Engineer of Gastonia, North Carolina, hereinafter called' "Engineer", arer necessary for completing all work to be performed on or beforet the expiration of Onel Hundred' Twenty (120) consecutive calendar days from the date specified int ther notice top proceed, with suchi intermediate contract completion times as ares specified int the contract documents and with such requirement, provision (special or otherwise), condition, and covenant ofe each saidI Exhibit. conditions, any other documentation. ARTICLEI II. Time for Work extensions oft time as are provided in! Exhibit" "B" entitled" "General Conditions". ARTICLEI III. Payment (a). Citys shall pay to,t the Contractor fort the pertormance oft the Contract a sum based upont the actual amount (b) The Contractor shall submit to thel Finance Director, City of Gastonia, Accounting Division, Accounts payable Section, P.O. Box 1748, Gastonia, North Carolina, 28053, on orb beforet the 25th day ofe each month ani invoice for all work completed and verified by the City and for materials stored or stockpiled on the job site during the preceding month. The City Engineer shall verify all quantities and amounts shown upon thei invoice in accordance witht the City Standard Specifications and shall have a monthly estimate prepared based upon the contract unit prices showing ally work] performed andt the value ofr materials stored ors stockpiled ont thej job sitet to date under this contract. Upon approval ofthe monthly estimate by the City Engineer, the estimate shalll bet forwarded tot thel Finance Director (c) Monthly orp partial payments may ber made once a month. Retainage for monthly or partial payments shalll bet ther maximum amount allowed by N.C.G.S. 143-134.1.7 Thet time and method ofp payment ofa any retainage (d) Upon receipt of written notice that the worki is ready for finali inspection and acceptance, the Engineer shall make suchi inspection; and when hef finds the work acceptable undert the contract and the contract fully performed he will issue a final certificate, over his own signature, stating that the work required by this contract has been completed and is accepted by him under the terms and conditions thereof, and the money to be due the Contractor shall bep paidt to the Contractor by City upon receipt and processing of Contractor's invoice ina accordance with Section (e) Beforer makinga any payment, Cityr may require Contractor tos submit evidence satisfactory tot thel Engineer that allp payrolls, material! bills, and otheri indebtedness connected witht the work havel beenj paid. Except thati ifpayment ofa disputedi indebtedness orl lien! has not already been guaranteed by surety bond, the Contractor may submit inl lieu ofevidence ofp payment as surety bond satisfactory to City guaranteeing payment when finally adjudicated ofa alls such ofcompleted work inj place according tot thet unit prices established onl Exhibit' "A". for payment ina accordance wight thes subsequent paragraphs oft this Article IV. withhelds shall also be determined: as providedi in! N.C.G.S. 143-134.1 3 1.44 oft thel Instructions tol Bidders, Exhibit" "E". disputed amounts. EXHIBIT 8-2 (f) Receipt and Acceptance of] Payment by the Contractor shall constitute a waiver of all claims by the Contractor exceptt those made. in writing ands still unsettled; provided, however, that alls such claims must ber received by City priort to ora att thet time ofreceipt of Contractor's: request fori inspection; otherwise, said claim is waived. The contract prices shalli include applicable Federal, State and local taxes ine effect ont the contract date; however, any applicables sales or uset tax shall bes separately identified from the contract price on any invoice rendered. Pursuant to Section. 1700, et.seq., oft thel North Carolina. Administrative Code (Revenue Sales and Use Tax), should Purchaser bee entitledbyl lawt toarefundf ffoma any taxi includedi ini thec contract price, thea amount receiveds shall bep paidt tol Purchaser ARTICLEI IV: Federal, State: and Local Taxes and Vendors shalll have noo claim thereto. ARTICLEV. Warranty (a) The contractor warrants to the Cityt thatt the materials and equipment furnished undert the contract willl be ofg good quality andr new unless otherwise required orp permitted by the Contract Documents, that the work willl be free from defects noti inherent int the quality required or permitted, and that the work will conform with the requirements of the Contract Documents. Work not conforming to these requirements, including substitutions not properly approveda anda authorized, mayl bec considered defective. Ifrequiredbyt the City, the Contractor: shall furnish satisfactory (b) If, within one year. after the date of acceptance of the work, any oft the work is found to be not in accordance with ther requiremients ofthe Contract Documents, the Contractor shall correct itp promptly after receipt of written notice form the Cityt to dos soL unlesst the City has previously given the Contractor av written acceptance ofs such condition. The obligations under this paragraph shall survive acceptance of the work under the Contract and its termination. The City shall gives such notice promptly after discovery ofa any defective condition. evidence ast to thel kind and quality ofr materials and equipment. ARTICLEVL Performance Bond Contractor must furnish performance bond int the amount required in the General Conditions,. Exhibit "B", ons some surety, company authorized to do business int this state conditioned ont the faithful performance oft the terms oft this contract together with thes special provisions, requirements, and conditions set forthi ina all Exhibits incorporated: int this contract by reference; payablé to City upon failure to meet any such term. Such bond will remain in force for the duration oft this Contract. Instead oft the bond, Contractor may deposit money, government securities, ora certified check on ab bank or trust company authorizedi to dob business int the State of North Carolina, inal like amount, payable to Cityt to guarantee performance. ARTICLEVIL. Çompliance with E-Verify Requirements Contraçtor certifiest thati itisi inc compliance with alla applicablej provisions ofA Article2, Chapter 64 ofthe! North Carolina General Statues, which generally provides that each employer, after hiring an employee to work int the United States, shall verify the work authorization of the employee through E-Verify. This certification isa a material representation Contractor agreest that duringt thet term ofthis Agreementi its shall comply ands shall require alls subcontractors to comply with any and alla applicabley provisions ofA Article2 2, Chapter 64 ofthel North Carolina General Statutes, and Contractor agrees toi incorporate in all further contracts or subcontracts for the Project aj provision requiring compliance with off fact upony whichr reliance was placed when this transaction wasr made ore enteredi into. Article 2, Chapter 64 oft thel North Carolina General Statutes. ARTICLE' VIII. Iran! Divestiture Act Compliance the State Treasurer pursuantt tol N.C.G.S. 143-6A-4. ARTICLEIX Merger Clause As oft the date ofe execution oft this Agreement, the Contractor ist not listed on thel Final Divestment List created by This agreement contains thef final, complete and exclusive statement of the agreement between thej parties with respect tot the transactions contemplated. herein and all prior or contemporaneous written or oral agreements with respect to No chànge, amendment, qualification or cancellation: hereof shall be effective unless in writing ande executed by each This agreement shallb bel binding upon ands shalli insuret tot theb benefit oft the parties hereto andt their respectives successors thes subjectr matter hereof arer merged herein. ARTICLE) X. Amendments ofthe parties hereto byt their duly authorized officers. ARTICLEXI. Benefits andl Binding Effect and assigns. 2 EXHIBIT 8-3 ARTICLE: XII. Notices att the following addresses: ASTOTHE CITY: ASTOTHE CONTRACTOR: All notices, requests and demands and other communications hereunder must bei in writing and shall be deemed to havel been dulys giveny when personally deliveredor when placedi lint the United' States Mail andi forwardedt by Registered or Certified! Mail, return receiptr requested, postage prepaid, addressed tot the partyt to whom such notice isb being given The City of Gastonia Post Officel Box 1748 Gastonia, NC 28053-1748 Kennedy Concrete & Utilities 2106 Cedar Circlel Drive Shelby, NC2 28152 Any party may change the address(es) as to which notices toi it are tol bes sent by giving the notice ofs such change to The captions aref for convenience ofr reference only and shall not be construed asa aj part ofthis agreement. the other. parties ina accordance witht this Section. ARTICLEXIIL Captions ARTICLE: XIV. Governing) Law. Carolina. ARTICLE: XV. Exhibits ARTICLE: XVI. Severability ARTICLE: XVII. Counterparts, This agreement shall be construed, interpreted, enforced and governed by and under the laws oft the State of North All oft thel Exhibits referred toi int this agreement are! hereby incorporated herein by reference and shall be deemed and Thei invalidity or unenforceability ofany one or more) phrases, sentences, clauses orp provisions ofthis agreement shall not affect the validity ore enforceability ofther remaining portions oft this agreement or any part thereof. This agreement may be simultaneously executed. ins several counterparts, each of which so exeçuted shalll be deemed tob bea an original, and such counterparts together shall constitutel but one andt thes samei instrument, IN WITNESS WHEREOF, the parties! heretol have executed this agreement, the day and year first above written. construedt tob bea aj part oft this agreement for allp purposes. APPROVED AS TO'FORM: (Ass') City Attorney (Corporate Seal) ATTEST: (Deputy) City Clerk CITY OF GASTONIA City Manager BY: KENNEDY CONCRETE & UTILITIES BY: (Vice) President (Corporate Seal) ATTEST: (Assistant) Secretary 3 EXHIBIT 8-4 STATE OF NORTH CAROLINA COUNTY OF GASTON I,. certify that a Notary Public of the aforesaid County and State, do hereby personally appeared before me this day and acknowledged that he/she is the (Deputy) City Clerk oft the City of Gastonia and that by authority duly given and as the act oft the municipal corporation, thef foregoing instrument wass signedi ini its name by its City Manager, sealedy withi its corporate seal and attested by! him/her asi its (Deputy) City Clerk. WITNESS1 my hand and Notarial Seal, this the day of Notary Public 20 My Commission: Expires: STATEOF COUNTYOF certify that a Notary Public oft the aforesaid County and State, do hereby personally appeared before me this day and acknowledged that he/she is (Assistant). Secretary of WITNESS: my hand ands seal, thist the and that by authority duly given and ast the acto oft the corporation, thef foregoing instrument was signedi ini its name byi its (Vice) President sealed withi its corporate seal anda attested by him/her asi its (Assistant) Secretary. day of Notary Public My Commission Expires: 4 EXHIBIT 8-5 MEMORANDUM DATE: TO: THRU: FROM: March 29, 2016 Ed Munn, City! Manager Michael Peoples, Assistant City Manager Public Infrastructure mgp Matt Bernhardt, Director of Public Works & Utilities PES SUBJECT: NCDOCT Municipal Traffic Maintenance Agreements The Municipal Maintenance Traffic Agreements with North Carolina's Department of Transportation for the fiscal year 2015-2016 have been received and require approval by Council. The contract is renewed annually and includes the installation, repair, operations and maintenance of highway signs and markings, electric traffic signals and Expenses for the work are included in the 2015-16 budget. Typically the City will receive approximately $240,000 in reimbursements from NCDOT per year. The agreement has been reviewed by the Legal Department. Copies of agreement are on file at City Legal and Department of Public' Works and Utilities. City staff recommends that the agreement be approved. other traffic control devices on the state highway system streets. EXHIBIT 9-1 NORTH CAROLINA GASTONCOUNTY MUNICIPAL MAINTENANCE-TRAFFIC CONTROL DEVICES/SIGNS AGREEMENT SCHEDULEA DATE:2/26/2016 NORTH CAROLINA DEPARTMENT OF TRANSPORTATION CITY OF GASTONIA AND WBS Elements: 12.103612 THIS AGREEMENT is made and entered into ont thel last date executed below, by and between the North Carolina Department of Transportation, an agency oft the State of North Carolina, hereinafter referred to ast the" "Department". and the City of Gastonia, hereinafter referredt to as the' "Municipality. WHEREAS, undert thej provisions of G.S. 136-18 and G.S. 136-66.1, the Department has the responsibility for thei maintenance of highways ont the State Highway System; that NC Administrative Code 19AI NCAC 2B.0203y provides that the Department is authorized and directed to assume the cost of installing and erectingt traffic control devices, hereinafter referred toa as signs and supports, ont the State WHEREAS, thep provisions of G.S. 136-66.1 authorizes the Municipality to contract with the Department fort thei installation, repair, and maintenance of highway signs and supports on State Highway System WHEREAS, the Department findsi it desirable and advantageous to enter into a Cost Reimbursement Agreement with the Municipality under whicht thel Municipality installs andi maintains signs ands supports on Statel Highway Systems streets within thel Municipality ina accordance witht the policy adopted byt the Department fort thei installation: andi maintenance of such signs ands supports; and WHEREAS, the parties do noti intend, throught this Agreement, tot transfert tot thel Municipality legal control, responsibility, or liability for any portion oft the State Highway System from the State tot thel Municipality. WHEREAS, the Department has programmed funding int the approved Transportation Improvement NOW, THEREFORE, the Department andi the Municipality dol hereby agree asf follows: WITNESSETH: Highway System streets whichi ita approves; and streets withint thel Municipality; and Program for the Project; and, Agreement ID# #6132 1 EXHIBIT2 Thatt the Municipality shall maintain the signs ands supports as described below andi indicated ont the attached Schedule "A". SIGNS TheN Municipality will maintaina andi replace, ifr necessary, thoses signs and supports indicated on the attached Schedule "A" that aret the responsibility oft the Department ina accordance with the Department's policy fort thei installation and maintenance ofs signs and supports within the Municipality exceptt those ont thei interstate and controlled accèss highways which the Department will continue tor maintain. Alls signs erected will be ofr reflectorized sheeting on non-recycled aluminum andr mounted ona a" "U" channel post orr material approved by the Department and indicated byt the General Requirements for Schedule' "A". The Municipality will be reimbursed for the maintenance and replacement ofs signs and supports that are the responsibility oft the Department only. Reimbursement for signs and supports will! bei ina accordance with the Schedule "A" attached hereto andi incorporated herein! by reference. The Department reserves ther rightt to adjustt the reimbursement: rate periodically tor reflect current market rates and/or may adjust the reimbursement rate three (3) percent each annumi in consideration ofr recent inflation rates, subjecti tot the availability ofr maintenance funds andi the performance oft the Municipality. 2. This agreement shall bei inf fullf force andi in remain ine effecth beginning witht the date that the Administrator uses ont the last page and continuing for a one-year period, with extensions possible for additional one-year periods, upt toa at total off five (5) years. Fort the Municipality, the City Manageri is authiorizedi toa agreet to ande execute any extensions, including agreeing to additional compensation or higher reimbursement that may be provided for in such extensions. Att the endo ofe each one-year period, upon written extension, this agreement shall continue as written or as modified with the understanding thatt the Department and/or the Municipality reserve the rightt to cancel this agreement with at thirty (30) day written noticet tot the opposite party. 3. Thel Department mayb be billed quarterly byt the Municipality att the local Division Office for the cost of signs ands supports pursuant tot this agreement. Thel Municipality shall submitt the quarterly bill, including any relatedi invoices, tot thel Department for signs and supports pursuant tot this agreement ond ork beforet three months after the end ofe each quarterly cycle. Specifically, these dates are. July 1stf fort thet first quarter, October 1stf for thes second quarter, January 1stf for thei third quarter, and April 1stf fort thet fourth quarter. Allf finall bills must bes submitted within one (1) year after the worki isp performed ors said work willl be considered non-b -billable and will not be paidi for by the Department. Thel Municipality shall keep and maintain all cost records and supporting documentation: fort the work for whicht they! bill thel Department ands shall makei these costr records Agreement ID! #6132 2 9-3 EXHIBIT and documentation available tot thel Department upon request for audit fora a period off fivey years Thel Municipality shall noti install any signs ors supports ont the State Highway System streets that have not been approved byt thel Department pursuant tol NC Administrative Code 19AI NCAC 2B.0203. Approval for payment ofi installed signs and supports shall be given upon submittal of locations ofi installations by the Municipality tot the Department. The Division Engineer or his designated representative shall review the submittal ofs signs and supports locations for adherence according tot the guidelines provided byt the Department. This Agreement does nott transfer legal control ofc or responsibility or liability fort the State Highway System roads described hereint tot the Municipality, nor does itp prohibit the Department from taking any action or undertaking any responsibilities with regard tos such roads. This Agreement is solely fort the benefit oft thel Municipality and the Department and noti fort the benefit ofa any other persons, including, butr not] limitedt tor members oft they public or uses oft the State! Highway System roads, and not third party rights are created, ori intended tob be created, by this Agreement. 6. Any contract entered into with another party to perform work associated withi the requirements of this agreements shall contain appropriate provisions regarding the utilization of Minority Businesses, Women Businesses, or Small Professional Services Firms (SPSF) as required by GS 136-28.4 andt thel North Carolina Administrative Code. The Department will provide the appropriate! provisions tob be contained int those contracts. Those provisions are available ont the Department's website at: EHSSNNEwaanasaNN No advertisement shalll be mader nor any contract bee entered intoi fors services tob be perfoimed as part oft this agreement without prior written approval oft the advertisement or Failuret to comply with theser requirements will resulti in funding being withheld until such after closing ofe eachi fiscal year. contents oft the contract byt the Department. time ast theser requirements arer met. 7. Itist thep policy oft the Department nott to enteri into any agreement with another party that has been debarred by any government agency (Federal or State). The Municipality certifies, by signature oft this agreement, thatr neitheri iti nori its agents or contractors are presently debarred, suspended, proposed for debarment, declared ineligible or voluntarily excluded from participation in this ByE Executive Order 24, issued by Governor Perdue, and N.C. G.S.S 133-32; itis unlawfuli for any vendor orc contractor (ie. architect, bidder, contractor, construction manager, design professional, engineer, landlord, offeror, seller, subcontractor, supplier, or vendor), tor make gifts ort to give. transaction bya any Federal or State Department or Agency. Agreement ID# #6132 3 9-4 EXHIBIT favorst to any State employee oft the Govemor's Cabinet Agencies (ie., Administration, Commerce, Correction, Crime Control and Public Safety, Cultural Resources, Environment and Natural Resources, Health and Human Services, Juvenile. Justice and Delinquency Prevention, Revenue, Transportation, and the Office oft the Governor). Agreement ID: #6132 EXHIBITS INI WITNESS WHEREOF, this Agreement has been executed by the Department and the Municipality by authority duly given. ATTEST: BY: CITY OF GASTONIA BY: DATE: "N.C.G.S. $1 133-32 and Executive Order 24p prohibitt the offer to, or acceptance by, any State Employee of any giftf from anyone with a contract with the State, orf from any person seekingt to dob business witht the State. By execution of any response int this procurement, you attest, fory your entire organization andi its employees ora agents, that you are nota aware that anys such gift has been offered, accepted, orp promised Approved by the local governing body oft the City Of Gastonia as attested tol by the signature of by anye employees ofy your organization." Clerk ofs said governing body on (Date) This Agreement has been pre-audited int the manner required byt the Local Government Budget and Fiscal Control Act. BY: (SEAL) (FINANCE OFFICER) Remittance. Address: City of Gastonia DEPARTMENT OF TRANSPORTATION BY: DATE: (CHIEF ENGINEER) PRESENTED TOI BOARD OF TRANSPORTATION ITEMO: : 111 Agreement ID# #6132 5 EXHIBITS Schedule "A" - Signs - City of Gastonia The Board of Transportation will reimburse the Municipality for the replacement of on the schedule: Signs: Every 12 years, or if sign is damaged, deteriorated, or otherwise signs not following intended use. Supports for new installations or supports that are damaged or otherwise not meeting its intended use. Sign ands support prices shown are current maximum: allowable sign reimbursements. meeting its QUANTITY INSTALLED TOTAL MENT PER EA ITEM EA EA EA EA EA EA EA EA EA EA EA EA EA EA EA EA EA EA EA EA ITEM OFITEM REIMBURSEMENT UNIT REIMBURSE- A.30'x30" Stop- - Grade C Sheeting B.36'x36" Stop- Grade C Sheeting C.36'x36 Yield- Grade C Sheeting D.36" RR Warning Grade B Sheeting (Fluorescent Yellow Color) E. Warning Signs: Grade B: Sheeting (Fluorescent Yellow-Green Color) 1. 36"x36" School [Reduced Speed] (S4-5) 36"x36" School [Advance Symbol) (S1-1) 48"x48" School [Advance Symbol) (S1-1) 2. 24"x12" Diagonal Arrow (W16-7) 30'x18" Diagonal Arrow (W16-7) 3. 24"x10" Ahead Plaque (W16-7P) 36'x20" Ahead Plaque (W16-7P) 48'x30" Ahead Plaque (W16-7P) 4. 24"x12" XXXFT Panel (16-2) 30'x18" XXXI FTF Panel (16-2) 36'x36" Pedestrian (W11-2) 36'x36" Bicycle (W11-1) 5. 24'x8" School (S4-3) 30"x10" School (S4-3) 36'x12" School (S4-3). 36"x36" School Bus Stop Ahead (S3-1) 9. 24'x18" Share thel Road (W16-1) F. Other warning and regulatory- Grade C Sheeting G. Guide Signs wlo Zbars(Type D) Grade C Sheeting H. Guide Signs w/Z bars Grade C Sheeting J.21b Uc channel Posts K. 31 lb Uc channel Posts L. 4"X4" Wood Posts M. 4'X6" or 6"> X6" Wood Posts N. Installation of1 Post Sign orA Assembly, Span Wire and Mast Arm 0. Installation of2F Post Signo or Assembly P.Installation ofZE Bar Sign (Type A) Q. Installation ofZE Bar Sign (Type B) $38.72 $58.59 $58.59 $98.91 $117.64 $104.31 $203.36 $22.58 $42.33 $18.81 $57.95 $127.10 $22.58 $42.33 $104.31 $104.31 $15.05 $23.52 $34.77 $104.31 $33.87 .063 gauge AI @$8.31 .080 gauge AI @ $8.68 SF .125 gauge AI @ $9.85 Single panel = $11.83 Dbl panel = $12.53 SF $15.56 $1.25 $2.44 $4.00 $6.00 $25.00 $35.00 $500-$700 $250-$350 SF LF LF LF LF EA EA EA EA TOTAL REIMBURSEMENT, ALLOCATION $10,000 Agreement ID: #6132 6 EXHIBIT GENERAL REQUIREMENTS - Schedule A Signs may be purchased from thel Department of Corrections (DOC), fabricated by the Municipality, or purchased from ap private sign manufacturer providing thes sign meets all NCDOT sheeting and sign fabrication specifications. The! NCDOT sheeting specification is available from the Department's website @ htp./hpw.dohdotstater AA The signf fabrication requirements are in Section 901 oft the NCDOT Standard Specifications for Roads and Structures. Installation ofs signs shall bei in accordance with the NCDOT Roadway Standard Drawings. Thes signs and sign installations shall meet all requirements of these specifications and standards fort the Municipality to be reimbursed. Reimbursement will be made after signi installations. The Municipality shall meet all requirements oft the General Requirements and Appendix Af for reimbursement by NCDOT. The Department reserves the right toi inspect any signs installed by the Municipality under Schedule AI before ora after For reimbursement of sign support(s), the supports and support installations must meet all requirements of Section' 903 and 1094 of the NCDOT Standard Specifications for Roads and *If the signs are provided by a private contractor or the Municipality, the reimbursement rate will be the actual cost oft the sign as shown on invoice, not to exceed the maximum reimbursement rate shown on Schedule A for each designated sign. The Department reserves the right to adjust the reimbursement rate periodically to reflect current market ratès. Signs ordered from the DOC will bel based upon sign prices att the time ordered and payable after installation. installation. Structures and the NCDOT Roadway Standard Drawings. NCDOC Information: Telephone: 1-800-241-0124 Fax: (919)716-3974 NCDOC 2020. Yonkers Road Raleigh, NC 27605 Ifordering signs from the Department of Corrections (DOC): Agreement ID# #6132 EXHIBIT NORTH CAROLINA GASTONO COUNTY MUNICIPAL MAIMTENANCE-TRAFFIC CONTROL MARKINGS & MARKERS, AGREEMENT DEVICES SCHEDULEB DATE: 2/26/2016 NORTH CAROLINA DEPARTMENT OF TRANSPORTATION CITY OF GASTONIA AND WBS Elements: 12.103612 THIS AGREEMENT is made ande enteredi into ont the last date executed below, by and between the North Carolinal Department of Transportation, an agency oft the State of! North Carolina, hereinafter referred toa ast the' Department" andi the City of Gastonia, hereinafter referred to ast the' Municipality". WHEREAS, undert the provisions of G.S. 136-18 and G.S. 136-66.1, the Department has the responsibility fort ther maintenance ofh highways ont the State Highway System; that NC Administrative Code 19AI NCAC 2B. 0203 provides that the Department is authorized and directed to assume the cost of installing and erecting traffic control devices, hereinafter referredt to as pavement markings WHEREAS, thep provisions of G.S. 136-66.1 authorizes the Municipality to contract with the Department fort thei installation, repair, and maintenance of highway pavement markings and markers WHEREAS, thel Department finds it desirable and advantageous to enter into a Cost Reimbursement Agreement with the Municipality underv whicht thel Municipality installs and maintains pavement markings and markers on State Highway System streets withint the Municipality in accordance with thep policy adopted! byt thel Department fort thei installation and maintenance ofs such pavement WHEREAS, the parties do noti intend, through this Agreement, tot transfer tot the Municipality legal control, responsibility, orl liability. for any portion oft the State Highway Systemf from the State tot the WHEREAS, the Department has programmedi funding int the approved Transportation Improvement NOW,T THEREFORE, the Department and the Municipality dol hereby agree asf follows: WITNESSETH and markers, ont the State Highway System streets whichi ita approves; and on State Highway System streets within the Municipality; and markings and markers; and Municipality. Program fort the! Project; and, Agreement ID# #6133 1 EXHIBIT That thel Municipality shall maintain the pavement markings and markers as described below and 1. Thel Municipality shalli install andr maintain pavement markings and markers asi indicated on Schedule' "B" which aret the responsibility oft the Department in accordance with the Department's policy for the installation and maintenance ofp pavement markings and markers withint thel Municipality except those ont thei interstate and controlled access highways which the Department shall continue tor maintain. Thel Municipality shall use approved pavement marking materials and pavement markers. Reimbursement for pavement markings and markers shall bei in accordance with Schedule' "B" Markings and Markers, attached hereto 2, This Agreement shalll bei in fullf force and ine effect fort thet fiscaly year beginning. July 1, 2015 and ending June 30, 2016.. Att the end oft thet fiscal year,t the provision of services and quality ofr results shall ber reviewed by the Department and Municipality. The/ Agreement may be extendedi for additional fiscal years, contingent upon the increase of NCDOT maintenance funds by the General Assembly, withoutt the need for a Supplemental Agreement. Extensions may be madei inc one (1) year increments, incorporating any mutually agreed upon adjustments, witht the end oft thef finali fiscal year of service being. June 30, 2021. On behalf of thel Municipality, extensions may be authorized: ande executed by the Town/City Manager and/or Mayor withoutf further resolution oft the Town/City Council. The agreement may! be 3. Thel Department may be! billed quarterly by thel Municipality att thel local Division Office fort the cost of pavementr markings and markers pursuant tot this agreement. Thel Municipality shall submit the quarterly bill, including any relatedi invoices, tot thel Department for pavement markings andi markers pursuant tot this agreement on orb beforet thrée months after the end of each quarterly cycle. Specifically, these dates are. July 1stf fort thei first quarter, October 1st for thes second quarter, January 1st fort the third quarter, and April. 1sti for the fourth quarter. Allf final bills must bes submitted within one (1) year aftert the work is performed ors said work willl be considered non-billable and will not! be paidf fori by the Department. The Municipality shall keep and maintain all cost records and supporting documentation fori the work for which they billt the Department and shall maket these cost records and documentation available to thel Department upon request for audit fora a period off five years after closing of eachi fiscal year, The reimbursement rates shown ont the attached Schedule' "B" shall bei increasedi three (3) percent eacha annum in consideration ofr recent inflation rates, subject tot the availability of indicated ont the attached Schedule' "B". andi incorporated herein by reference. terminated! by either party upona ai thirty (30) dayv written notice. maintenance funds andi the performance oft the Municipality. Agreement ID: #6133 2 EXHIBIT" 4. Thel Municipality shall noti install any pavement markings and markers ont the State Highway System streets that haver noth been approved byt thel Department pursuant to! NC Administrative Code 19AI NCAC 2B.0203. Approval forp payment ofi installed pavement markings and markers shall be given upon submittal ofl locations ofi installations by the Municipality tot the Department. The Division Engineer or his designated representative shall reviewi the submittal ofp pavement markings and markers locations for adherence according to 5. This Agreement does not transfer legak control of or responsibility or liability fort the State Highway System roads described hereint to the Municipality, nor doesi it prohibit the Department from taking any action or undertaking any responsibilities with regard to such roads. This Agreement is solelyf for the benefit oft the Municipality and the Department and nott for thel benefit ofa anyo other persons, including, but not limited tor members oft the public or uses oft the State Highway System roads, and not third party rights are created, ori intended to 6. Any contract entered into with another party top perform work associated withi the requirements oft this agreement shall contain appropriate provisions regarding the utilization of Minority Businesses, Women Businesses, or Small Professional Services Firms (SPSF) as required by GS 136-28.4 andi the! North Carolina Administrative Code. The Department will provide the appropriate provisions tob be contained int those contracts. Those provisions are massANsESciaNLNS the guidelines provided byt thel Department. bec created, byt this Agreement. available ont thel Department's website at: No advertisement shall ber made nor any contract be enteredi into for services to! be performed asp part oft this agreement without prior written approval oft the advertisement Failure to comply with these requirements will resulti inf funding! being withheld until ord contents oft the contract by the Department.-. suchi time ast theser requirements arer met. 7. Itist the policy oft the Department nott toe enter into any agreement with another partyt that has been debarred by any government agency (Federal or State). Thel Municipality certifies, by signature oft this agreement, that neitheri itr nor its agents or contractors are presently debarred, suspended, proposed for debarment, declared ineligible or voluntarily excluded from participation int thist transaction by any Federal or State Department orA Agency. 8. By Executive Order 24, issued by Governor Perdue, and N.C. G.S.S 133-32, itis unlawfuli for any vendor or contractor (ie. architect, bidder, contractor, construction manager, design Agreement ID: #6133 3 EXHIBIT-" professional, engineer, landlord, offeror, seller, subcontractor, supplier, or vendor), tor make gifts ort to givet favorst to any State employee oft the Governor's Cabinet Agencies (e., Administration, Commerce, Correction, Crime Control and Public Safety, Cultural Resources, Environment and Natural Resources, Health and Human Services, Juvenile Justice and Delinquency Prevention, Revenue, Transportation, andi the Office oft the Governor). Agreement ID: #6133 EXHIBITP2 INWITNESS WHEREOF, this Agreement has been executed byt the Department and the Municipality bya authority duly given. ATTEST: BY: CITY OF GASTONIA BY: DATE: "N.C.G.S. S 133-32 and Executive Order 24 prohibit the offert to, or acceptance by, any State Employee of any gift from anyone with ac contract with the State, orf from any persons business with the State. Byexecution of anyr response int this procurement, you attest, seekingt fory your entire organization andi its employees or agents, thaty you are not aware that any such gift has been offered, Approved by thel local governing body oft the City of Gastonia as attested tol by the signature of to do accepted, or promised by any employees ofy your organization. Clerk ofs said governing body on (Date) This Agreement has been pre-audited int ther manner required byt thel Local Government Budget and Fiscal Control Act. BY: (SEAL) (FINANCE OFFICER) Remittance. Address: City of Gastonia DEPARTMENT OF TRANSPORTATION BY: DATE: (STATE! HIGHWAY ADMINISTRATOR) PRESENTED TOI BOARD OF TRANSPORTATIONITEMO, Agreement ID! #6133 5 EXHIBIT SCHEDULE "B" MARKINGS and MARKERS - CITY OF GASTONIA The Board of Transportation shall reimburse the Municipality for marking the: system highways based ont the following schedule. CIRCLET THE LETTER IN FRONT of the items below to be maintained by the Municipality. CHECKI HERE IFALLI markings will be maintained. QUANTITY INSTALLED TOTAL MENT PERITEM ITEM OFITEM REIMBURSEMENT UNIT REIMBURSE- A 4"Thermoplastic Pavement Marking Line, 120r mils B 4"Thermoplastic Pavement Marking Line, 90r mils C 6"Thermoplastic Pavement Marking Line, 120 mils D 6"Thermoplastic Pavement Marking Line, 90mils E 8"Thermoplastic Pavement Marking Line, 120 mils 8"T Thermoplastic Pavement Marking Line, 90r mils 12"1 Thermoplastic Pavement Marking Line, 90r mils 16" Thermoplastic Pavement Marking Line, 120r mils 24" Thermoplastic Pavement Marking Line, 120r mils Thermoplastic Marking Line Removal, 4" Thermoplastic Pavement Marking Character,1 120r mils Thermoplastic Pavement Marking Symbol single arrow), 90r mils Thermoplastic Pavement Marking Symbol (combination arrow), 90 mils Thermoplastic Pavement Marking Symbol & Character Removal O 4"F Paint Marking Line P 6"P Paint Marking Line Q 8"F Paint Marking Line R) 12" Paint Marking Line * S 16"F Paintr marking Line * 24" Paint Marking Line Paint Pavement Marking Character Paint Pavement Marking Symbol (single arrow) Paint Pavement Marking combination arrow) Permanent Raised Pavement marker Y Permanent Snowplowable Raised Pavement Marker Z Permanent Snowplowablel Pavement Marker $0.42 LF $0.34 LF $.66 LF $0.57 LF $1.34 LF $1.26 LF $1.62 LF $3.70 LF $5.33 LF $0.50 LF $65.02 EA $84.11 EA $120.10 EA $46.81 EA $0.12 LF $0.25 LF $0.47 LF $0.86 LF $1.09 LF $2.39 LF $26.84 EA $35.89 EA $42.70 EA $4.30 EA $22.19 EA $9.42 EA Lens Replacement THE: SAME PAYI ITEM. TOTALI REMBURSMENTI-SIOO THIS PAYI ITEM ISI FOR ONE LAYER OF PAINT. ANY OTHERI LAYERS WILL ALSOE BE PAID FOR UNDER Agreement ID: #6133 6 EXHIBIT MUNICIPAL OPERATIONS AGREEMENT - CITYOF GASTONIA SCHEDULE "B" GENERAL REQUIRMENTS The Municipality shall bill the Division of Highways on a quarterly basis for the pavement marking and markers accomplished by the use of long- life pavement marking material and pavement markers. Long-I life pavement markings, paint and markers will be paid for using Pavement markings are expected to have ai five (5) year life cycle. Placement of pavement markings willl be reimbursable on any given roadway once every five (5) years, assuming the replacement is warranted the fifth (5th year). Any replacement necessary ont those roadways according to the NCDOT Standard Practice before the five (5) year cycle is complete will be the responsibility ofi thel Municipality: and atr no expense tot the Department. Pavement markers are expected to have a life cycle of three (3) years. Placement of pavement markers / snowplowable marker lenses will be reimbursable on any given roadway once every three (3) years, assuming the replacement is warranted the third (3") year. Any replacement necessary on. those roadways according to the NCDOT Standard Practice before the three (3) year cycle is complete will be the responsibility of the Municipality and at noe expense to the Department with the following exception: Permanent raised markers that have been prematurely removed from the pavement as a result of snow removal should be replaced after the snowplowing season. Replacement of these markers will be considered The Municipality would be. expected to keep these markings and markers in good repair according to the NCDOT Standard Practice for Pavement Marking andi Marker Maintenance. Engineering judgment should be used by the municipality to determine if markings and or markers meet these replacement criteria. Retro-reflectivity measurements may be taken by the NCDOT on an as needed basis orv when either party has questioned the status. Items included ont the Schedule "B" may! be added or deleted to those checked above bya request in letter form signed by the Mayor, Clerk (or Manager). The letter shall be sent in quadruplicate tot the Division Engineer, accompanied by four (4) copies oft the Schedule "B" with all appropriate items checked. Ift the Division Engineer approves the new Schedule "B" he / she shall sign, as approved, all four (4) copies of the Municipality's letter of request. The Division Engineer shall then: 1) forward one copy of the letter and Schedule "B" to the DOT Controller and the State Traffic Engineer. 2) Return a copy ofe each to the Municipality. 3). Retaina a copy of eacht for his /heri file. The new Schedule "B" shall then become effective the unit prices ass shown above or as adjusted. reimbursable at the unit pricel listed above. att the! beginning oft ther next quarter for reimbursement. Agreement ID: #6133 7 EXHIBITAIs NORTHCAROLINA GASTON COUNTY MUNICIPAL OPERATIONS -TRAFFIC CONTROL DEVICES TRAFFIC SIGNALS AGREEMENT SCHEDULEC DATE:2/26/2016 NORTH CAROLINA DEPARTMENT OF TRANSPORTATION CITY OF GASTONIA AND WBS Element: 12.1036SM THIS AGREEMENT isr made and entered into ont thel last date executed below, by and between the North Carolina Department of Transportation, an agency oft the State of North Carolina, hereinafter referredi to ast the' Department" and the City of Gastonia, hereinafter referredt to ast the Municipality." WITNESSETH: WHEREAS, Section 1108 oft the Moving Aheadi for Progress int the 21* Century (MAP-21) allows Surface Transportation Program (STP) fundst tol be available for certain specified transportation activities; and, WHEREAS, the provisions oft the North Carolina General Statutes (NCGS) $136-66.1 and $136-18 authorize the Municipality to contract witht thel Department fori thei installation, repair, operations, and maintenance of highway signs and markings, electrict traffics signals and other traffic control devices on WHEREAS, thel Department and the Municipality have ar mutuali interesti int the efficient and effective WHEREAS, the Department andi thel Municipality recognize that each partyt tot this Agreement has an obligation andi responsibility top providef fort the safe, orderly, and efficient flow oft traffic ont their respective WHEREAS, the! Municipality finds thati itisi int the best publici interest to operate traffic signals at certain intersections that are ont the State's Highway System within orr neart the Municipality; and, WHEREAS, the Department finds it desirable and advantageous tor reimburse the Municipality for costs incurred whent thel Municipality operates traffics signals ato certaini intersections that are ont the State NOW, THEREFORE, the Department and the Municipality dol hereby agree as follows: State! Highway System streets within the Municipality; and, operation oft traffics signals within the Municipality; and, streets systems; and, Highway System within orr near the Municipality; Agreement ID#6134 Page 1of22 EXHIBITPG 1. GENERAL PROVISIONS COALIEMPETALDENA POLICY Thel Municipality and/ori its agent, including all contractors, subcontractors, or sub-recipients, shall comply witha alla applicable! Federal and Statep policies and procedures, stated both int this Agreement andi int the Department's guidelines and procedures. FAILURE TO COMPLY-CONSEQUENCES seek repayment ofa any reimbursedi funds. 2. SCOPE OF THE PROJECT Failure ont the parto oft the Municipality to comply with any oft the provisions oft this Agreement will be grounds fort the Department tot terminate participation int the costs oft the Project and, ifapplicable, The Municipality shall operate the traffic signals as defined in the Appendices and as indicated A. The operation ofi intersections ont the State Highway System, both att thel hardware ands software levels, will bes subjectt tot the approval oft the Department and will reflect the needs oft traffic on B. Int thee event the Department andi thel Municipality cannot agree oni issues affecting the operation Thel Municipality agrees to ana annual audit oft the performance ofi intersection equipment and systems. The audit ist tob be performed by the Department andi thel Municipality. D.The Municipality shall noti install anyt traffic control devices, norr make anyt traffics signal phasing changes, ona any State Highway System street without the prior approval oft the Department, E. Thel Municipality shall operatet thet traffics signals ina accordance with North Carolina General Statutes, thel Department's current policies and guidelines asi included int the Appendices, and all local codes and ordinances. If,i int the opinion oft thel Department, the Municipality does not operatet thet traffic signais ina accordance with the specified criteria, the Department shall have the hereinafter: both the State Highway System andi thel Municipal System. oft these intersections, the decision oft the Department willl bet final. pursuant to! NCGS $20-169. rightt to cancel this Agreement. Agreement ID: #6134 Page2of22 EXHIBIT F. Thel Department shall review and concur with any contract enteredi into by the Municipality for the operation ofa any traffic signal(s). Any contracte enteredi into with another partyt to perform work associated with the requirements oft this Agreement shall contain appropriate provisions regarding the utilization of Minority Business Enterprise/Women Business Enterprise (MBEWWBE), ora as required and definedi int the North Carolina Administrative Code. These provisions are itps/Iconnectncdotg MmunsralewPaPORRGAsEE Thel Municipality shall not advertise nore enter into a contract fors services performed as part oft this Agreement, unless thel Department provides written approval ofthe Ifthel Municipality fails to comply with theser requirements, the Department will withhold incorporated into this Agreement by reference advertisement ort the contents oft the contract. funding until theser requirements arer met. 3. TIME FRAME This agreement shall bef fori the current state fiscal year, beginning July 1,2015 and ending. June 30, 2016. Att the end oft thei fiscaly year, the provision ofs services and quality ofr results may be reviewed byt thel Department and Municipality. The Agreement mayl be extended for additional fiscal years, contingent upont thei increase of NCDOTI maintenance funds by the General Assembly. Extensions may! ber madei in one (1) year increments, incorporating: any mutually agréed upon adjustments, with. thee end oft thef finalf fiscal year ofs service being 2021. On behalf oft the Municipality, extensions may be authorized ande executed by the Town/City Manager and/or Mayor withoutf further resolution oft the Town/City Council. The agreement mayb bet terminated by either party upon at thirty (30) day written notice. 4. FUNDING The eligible costs oft this Project willl ber reimbursed from State funding. 5. REIMBURSEMENT Thel Department shall reimburse the Municipality quarterly, based on an annual amount, for the operation oft thet traffic signals asi included below: Agreement ID #6134 Page 3of22 EXHIBITs A. Said reimbursement shall bel limitedt to operational costs, which would includet tasks associated withi insuring the continuous, safe and efficient operation oft traffic's signals, traffic signal systems, and control facilities. Examples include, but are not limited to, operational performance reviews, emergency repairst tos system components, periodic evaluation: and adjustment to operational timing parameters, computer system and software upgrades, operational upgrades tor maintain or The Department will not reimburse operational costs for activities that do not have a direct and immediate effect ont the continuous, safe ande efficient operation oft traffics signals, traffic signal systems, and controlf facilitiesi including, but not limited to, painting of poles and signal cabinets, vegetation control adjacent toi facilities, interior ande exterior care oft traffic control centers and Thel Municipality agreest thati its shall bear allo costs for whichi itis unable tos substantiate actual D. Any costs incurred byt the Municipality priort tov written notification byt the Department top proceed Equipment secured as a non-participating item by the Department (100% Municipality costs) will continue as non-participatingi items with respect to operations. Thel Division Engineer will provide improve safety or efficiency, etc. parking areas, furniture for traffic control centers, etc. costs. withi the workr may not be eligible for reimbursement. ther necessaryf formsi for documentation. PROCESS F. The! Municipality shall submit a quarterly itemizedi invoice tot the Department for said costs no later than three (3) months after thes scheduled quarterly invoicing date. This invoice will include the appropriate documentation and reflect the amount duet fors services performed by the Municipality duringt the quarter. The Department will reimburse the Municipality each quarter for work performed unless additional reimbursements are approved! byt the Department. Allf final invoices must bes submitted within one (1) year after the work is performed or said work willl be considered non-billable and willt not bep paidf for byt thel Department. The Department, ati its option, may electt toi increase the reimbursement rates shown int the Appendices oft this Agreement upt tot threep percent (3%) eachy year in consideration ofi inflation rates and cost increases, subject tot the availability off funds andi the performance oft the Municipality. G. Thel Department shall reimburse the Municipality upon approval byt the Department's Division Engineer andt the Fiscal Management Section. Agreement ID#6134 Page 4of22 EXHIBIT 6. FORCE. ACCOUNT GENERAL Work performed by the Municipality's owni forcesi is considered Force Account work. Force account work thati is not aj part oft the operational worki included undert this Agreementi is only allowed when there isaf finding of cost effectiveness fort the work tob bep performed by some method other than contracta awarded! by competitive bidding process. Written approval from the FHWAI Division Administrator ist required priort tot the use off force account by the Municipality. Reimbursement shall be! basedo ont the Appendices as included herein. EMERGENCY WORK Under current Department policy, iff force account work is necessary: and performed by the Municipality duringe emergency occurrences or occurrences that endanger public safety, additional information: shall bes submitted, with each quarterly invoice, to document the emergency situation, actions taken duringt the occurrence: and the resolution. Approval must be obtained from the Department andt the FHWA-NC Division office, before reimbursement will ber made. 7. RECORDS AND REPORTS A. Ina accordance with NCGS $159-34, the Municipality shall arranget for an annual independent financial and compliance audit ofi itsf fiscal operations. The Municipality shall furnish the Department with a copy of the annual independent audit report within thirty (30) days of completion oft the report, but notl latert than nine (9) months after the Municipality's fiscaly year B. Thel Municipality shall keep and maintain allb books, documents, papers, accounting records, other such cost records and supporting documentation and evidence as may be appropriate to substantiate costs incurred undert this Agreement. Further, thel Municipality shall makes such materials available ati its office ata allr reasonable times during the Agreement period, and. for three (3) yearsf from the date oft thef final payment made under this agreement, fori inspection and audit by the Department's Division Engineer and Financial Management Division. ends. 8. ADDITIONAL PROVISIONS A. This Agreement does nott transfer legal control of, or responsibility, or legall liability for the State Highway System roads described hereint tot the! Municipality, nor does it prohibit the Department from taking any action or undertaking any responsibilities with regardt tos such roads. This Agreement ID# #6134 Page 5 of22 EXHIBIT Agreement iss solelyf fort the benefit oft the Municipality and the Department and notf for the! benefit ofa any otherp persons, including butr notl limitedt to, members oft the public or users oft the State Highway System roads, and not third party rights are created, ori intended to be created, by this B.T The Municipality shall comply with Title Vic oft the Civil Rights Act of 1964, (Title 49 CFR, Subtitle A, Part21). Title Vip prohibits discrimination ont the! basis ofr race, color, national origin, disability, gender, anda agei ina allp programs ora activities of any recipient of Federal assistance. C. Itist thep policy oft the Department nott to enteri into any agreement with another partyt that has been debarred by anys government: agency (Federal or State). Thel Municipality certifies, by signature oft this agreement, that neitheri iti nori its agents ord contractors arep presently debarred, suspended, proposed for debarment, declared ineligible or voluntarily excluded from participation int this D. Thel Municipality shall certifyt tot the Department compliance with alla applicable Federal and State laws and regulations and ordinances and shall indemnify the Department against anyf fines, assessments or other penalties resulting from noncompliance by any entity performing work Thel Municipality is solely responsible for alla agreements, contracts, and work orders entered into ori issued! by the Municipality fort this work. Thel Department shall not! bel held liable! by the Municipality for any expenses or obligations incurred fort the work except those specifically eligible for the federalf funds and obligations as approved byt thel Department undert thet terms oft this Agreement. The Department shall not reimburse the Municipality any costs that exceed the total F. Thel Municipality willi indemnify and! hold harmless the Department, FHWA, andt the State of North Carolina, their respective officers, directors, principals, employees, agents, successors, and assigns from and against anya and allo claims for damage and/or liability in connection with the work performed pursuant tot this Agreement. Thel Department shall not be responsible for any damages or claims for damages, whichr mayl bei initiated byt third parties. G. Thel Department must approve any assignment ort transfer oft the responsibilities ofthe Municipality set forthi int this Agreement to other parties ore entities. H. By Executive Order 24, issued by Governor Perdue, and NCGS $133-32, itis unlawful for any vendor or contractor(i.e. architect, bidder, contractor, construction manager, design professional, engineer, landlord, offeror, seller, subcontractor, supplier, or vendor), tor make gifts ort tos give favorst to any State employee oft the Governor's Cabinet Agencies (ie., Administration, Agreement. transaction by any Federal or State Department orA Agency. under contract with the Municipality. approvedi funding ata anyt time. Agreement ID#6134 Page6of22 EXHIBIT Commerce, Correction, Crime Control and Public Safety, Cultural Resources, Environment and Natural Resources, Health and Human Services, Juvenile Justice and Delinquency Prevention, This Agreement contains the entire agreement between thep parties and there are no understandings or agreements, verbal or otherwise, regarding this Agreement except as Thep parties hereby acknowledge that the individuale executing the Agreement ont their behalfi is authorized: toe executei this Agreement ont their behalf and tob bind the respective entities tot the terms contained herein andi that hel has read this Agreement, conferred with his attorney, andi fully Revenue, Transportation, andi the Office oft the Governor). expressly setf forth herein. understands its contents. Agreement ID: #6134 Page7of22 EXHIBIT INWITNESS WHEREOF, this Agreement has been executed the daya and year heretofore set out, in triplicate, ont the part oft thel Department andt the Municipality by authority duly given. ATTEST: BY: TITLE: DATE:. CITY OF GASTONIA BY: TITLE: DATE: NCGS $133-32 and Executive Order 24p prohibit the offer to, or acceptance by, any State Employee of any giftf from anyone with a contract with the State, orf from any person seeking to dol business with the State. By execution of any response int this procurement, you attest, for your entire organization andi its employees or agents, that you are nota aware that any such gift has been offered, accepted, or promised Approved thel local governing body oft the City of Gastonia as attested tob by the signature of by any employees ofy your organization." Clerk ofs said governing body on (Date) This Agreement has been pre-auditedi int the manner required! byt thel Local Government Budget and Fiscal Control Act. BY: (SEAL) (FINANCE OFFICER) Remittance. Address: CITY OF GASTONIA DEPARTMENT OF TRANSPORTATION BY: DATE: (CHIEFE ENGINEER) PRESENTED TOI BOARD OF TRANSPORTATIONI ITEMO: Agreement ID# #6134. Page 80 of22 EXHIBIT APPENDIXI MUNICIPAL OPERATIONS AGREEMENT - SCHEDULEC Traffic Signal Operations Program- = City of Gastonia NOTE: Thel Department requires the Municipality to maintain al Level of Service "C", or" "good", in order toy provide reimbursement. Ift the operation falls below al Level of Service "C", or then the Department may withhold reimbursement under this Agreement. Ifthe Municipality "good", elects to operate ata al higher level ofs service, the Department will not reimburse these costs. Key Components ofa "Good" Level of Service: 1. Maximum Emergency Response Times Trouble calls - 4 hours Repair Knockdowns -8H hours Absence of a signal indication - Next working day Repair/replace inoperative loops - 15 calendar days 2. Operational Performance Reviews Perform the required minimum tasks at6 6-month, 12-month and two-year intervals Replace LED modules after 5y years ofs service 3. System Component Repairs Repair equipment ina a timely manner to support emergency and operational needs Upgrade equipment firmware as appropriate to address items affecting operational Certify the proper operation of conflict monitors/mafunction management units on an efficiency and safety annual basis Agreement ID#6134 Page 9of22 EXHIBITa APPENDIXI MUNCIPAL OPERATIONS AGREEMENT - SCHEDULEC Operational Performance Review (OPR) Checklist- Gastonia Interval 6MO 12MO 2YEARS Cabinet Lubricate hinges and lock Replace Filters Check Door Gasket Check Anchor Bolts Extension Bolts Check forv waters seepage, dusta accumulation,; reseal basei if needed Check Grounding Resistance and Bonding Connections and Conductors Checkf for current wirings schematics, Signal plans, and Maintenance Records Checko condition and operation of fan andt thermostat Check ground fault receptacle andi insure no control equipment pluggedi into receptacle Measure service voltage Checki interiorl lamps; replace as required Check physical condition ofr meter/ /service disconnect Cleana and vacuum Cabinet Visually check Line Filter and surge arrester Inspect Foundation: and exteriort for damage, vandalism, and the presence and condition ofs signali inventory number Test police panel switches Placei insect andlor rodent poisoni in cabineti if infestationi is present Perform field check of operation. Remove load switcht to create redi fail and observe response ofr monitor. Ensure stop X X X X X X X X X X X X X x X Conflict Monitor Verify conflictr monitor certification datei isv within 12r months X X timingi is implemented. thes socket Load Switches / Check load' switches andi flashers fort tight and secure fiti into Flashers X X X Check operation ofa alli indicator lights Auxiliary Logic Checkf for operation as per, signal plans Agreement ID# #6134 Page 10of22 EXHIBIT2 APPENDIXI MUNCIPAL OPERATIONS AGREEMENT - SCHEDULEC Operational Performance Review Checklist- Gastonia Interval 6MO 12MO 2YEARS Relays Terminal Connections Visually inspect condition of alli relays and replace if Check for discoloration and corrosion Tighten allt terminal connections Checkl labels and replace as needed Check programming of red monitorj jumpers ifp present Check conditiono ofa alll loading resistors Verify date and time, correcta any discrepancies (if applicable) X Verify programming parameters Verify proper software version Verify operation pers signal plan (phasing operation, timings, signal head display, pavement markings, etc.) Check alll harnesses and connections Verify proper operation of any preemption circuits Check operation of display and backlight Checkt time clocks settings Checkt that Posted Speedl Limit matches signal plan Inspect condition ofia alli inductive loops and leadi ins; Repair/replace as needed Verify proper operation of detection sensors, meg; replace or repair as needed Verify loopl leadi in cablei ist twistedi inc cabinet Checkl loop lead-ins for correct labeling and phase assignments Check alignment andp proper operation ofa allo out of street detection Verifys stretch and delay programming and operation necessary X X X x X X X X x X x X X X x. X X X X X Controllers Detection Sensors Detector Units Check detector forp proper operation and sensitivity Agreement ID#6134 Page 11of22 EXHIBITe2 APPENDIXI MUNCIPAL OPERATIONS AGREEMENT- - SCHEDULEC Operational Performance Review Checklist- Gastonia Interval 6MO 12MO 2YEARS Pedestrian Push Check and actuate push buttons ona all approaches of Buttons actuated crosswalks and visually verify pedestrian signal operation (Verifyo operation of all push! buttons) Check push button lamp (if applicable) for operation Check push! button alignment and accessibility Check audio operation and direction Check push button signs; clean orr replace ifr necessary Rel amp incandescent bulbs or replace LEDs ifr needed Check condition, alignment and operation Clean lenses and reflectors X X X X X Pedestrian Heads Signal Heads Signs and Blank Out Checkf for proper alignment, operation, and condition Check condition of back plates (if used) Checkf for proper height hardware X X Clean! lenses, signs and LEDI modules; replace as needed Check for wear ont the spany wire and signal mounting Inspect for rust ands spot paint as required Inspectj joints for rusta and cracks ata arm/upright location and Visually inspect anchor bolts and mast arm bolts for condition Check pole grounding and connections Inspect ford damage; document and report anys damage found. Check ands secure pole caps and! hand hole covers Inspect all wiring and conduit in pole Visually inspect condition off foundation Metal Poles and MastA Arms atb base plate andt tightness X X X X x X Agreement ID# #6134 Page 12of22 EXHIBIT APPENDIXI MUNCIPAL OPERATIONS AGREEMENT- SCHEDULEC Operational Performance Review Checklist- Gastonia Interval 6MO 12MO 2YEARS Wood Span Wire Poles and Check polef fors splitting X X X x X x Check pole below grade for rot Check clamps and all hardware Check guy wire, anchors, and guards; repairi if needed Verify alls spans are bonded to pole ground Check pole grounding and connections Checkit the ground rod, clamp connection, and bonding of conduits ifa applicable Check all cables inj pull box for pinching by lid, including level of pull box Checkf for abnormal amount of water; verify proper drainage Checkl lidf for abnormal condition andf fit Ensure the controller operates inr mode selected by master Check any special equipment transceivers, etc.) for proper Disconnect controller from master and check forf free or Visually inspect allo conduits; repair as needed Verifyt that pavement markings match intersection plans Inspect condition ofp pavement markings Pulll Boxes X X X X X Systems Equipment operation backup operation Conduit Markings Pavement X X Agreement ID# #6134 Page 13of22 EXHIBITA APPENDIXI II MUNICIPAL OPERATIONS AGREEMENT - SCHEDULEC Traffic Signals Reimbursement: Schedule- City of Gastonia The Department willr reimburset thel Municipality for operation oftraffics signalsy witht thev values showni maintained! byt thei intelligentt transportations system (ITS) and Signals Unit. Placea a check besidet fore eacho operational activity. Ther reimbursement: schedulei is undera anyl! linei itemu unless allf functions ares selected. IfALL functions willl bes selected, please check here: A. Vehicular Signal Section (averageo of 101 head/int. or30s section/int.) B. Pedestrian Signal Head (Averagec of4heads/nt) Fiber-Optic orl LEDE Blank-out Sign Pretimed Electronic Controller/Cabinet 2-8A Assigned Phase Actuated Controller/Cabinet G. Flashing Beacon Controller/Cabinet thev valuef fore eachf function(s) theN Municipality agrees to perform Emergency Performance Operational Component System Response $1.26 X $10.22 $3.15 [XI $20.99 $12.60 $75.58 $75.58 $75.58 $12.60 Lump Sum Payment X $2.02 perf footi installed X $7.03 perf footi installed X $3.19 perf footi installed X] $3.07 perf footinstalled Item Reviews $12.60 $138.56 $503.84 $503.84 $125.96 $62.98 Repairs Total XJ $11.48 X $24.14 X $25.20 $443.04. $851.92 $1,396.92 $138.56 $62.98 $228.90 $272.50 $817.50 2-8Assigned Phase Actuated Controller/Cabinet with Machine-vision Detection H. Travel Costsf for Operational Performancel Reviews at Signalized Intersection (noF Flashers). Item CA. Replacel loop (includes labor, materials, ando other costf fors sawcutting ands sealing)' X $7.58 per footofs sawcut CB. Furnisha andi install Lead-in Cable CC. Furnisha andi install Conduit Agreement ID#6134 CD. Furnish andi install: 3/8-inchr messenger cable andi incidental hardware CE. Furnisha andi install4 4or7 7-conductors signal cable Page 14of22 EXHIBITa APPENDIXII Item Lump Sum Payment X $369.32 XI $59.95 X $515.00 [X $133.90 X $544.87 $962.02 X $201.00 x $353.29 X $245.25 X $149.50 [X $199.50 $339.50 $102.20 $104.04 X $22.05 X $23.16 X $22.50 X $23.00 CF. Furnisha andi install Standard size Junction Box CG. Furnish andit installo cover for Standards sizeJ Junction Box CH. Furnisha andi install OversizedJ Junction Box CI. Furnish andi installo coverf for Oversized. Junction Box CJ. Furnish andi install Riser CK. Furnish andi install 40-foot Class 3V WoodF Pole? CL. Remove andd disposed ofWood Pole. CM. Furnish andir install Guy/Anchor Assembly CN. Furnish andi install Grounding System CO. Furnish 12-inch3 3-Section Vehicular Signal! Head? CP. Furnish1 12-inch4 4-Section Vehicular Signal Head? CQ. Furnish1 12-inch5 5-Section Vehicular Signal Head? CR. Furnish 8-inch3 3-Section Vehicular Signal! Head? CS. Furnish Pedestrian Signal Head? CT. Furnish LEDi indication- -1 12-inch REDL bal? CU. Furnish LEDi indication- 12-inch YELLOWb ball? CV. Furnishl LEDi indication- 12-inch GREENE ball2 CW. Fumishl LEDI indication- 12-inch REDA Arrow? Agreement! ID#6134 Page1 15of22 EXHIBITS Item APPENDIXII Lump Sum Payment XI $24.00 LXJ $24.00 $23.00 $23.00 $21.50 $46.25 $85.00 $70.00 $95.00 $1,389.00 $3,850.00 $4,675.00 $4,375.00 $2,188.00 $230.00 $437.80 $537.40 $649.80 CX. Furnish LEDi indication- 12-inch YELLOW Arrow? CY. Furnish LEDi indication- 12-inch GREENA Arrow? Furnishl LEDi indication- 8-inch REDI bal? DA. Furnishl LEDI indication- 8-inch) YELLOW bai? DB. Furnishl LEDi indication- 8-inch GREEN bal? DC. Furnishl LEDI Indication-1 12-inch! Hand DD. Furnishl LEDI indication- 12-inch Man DE, Furnishl LEDi indication-1 12-inchH Hand/Man Overlay DG. Furnish Pretimed/Actuated Controller? DH. Furnish Pole-Mounted Cabinet? DI. FurnishE Base- Mounted Cabinetv witha auxiliary file? DJ. FurnishE Base- Mounted Cabinetv withouta auxiliaryf file? DK Fumishl LEDE Blank-Out Sign? DL. Furnish 3-channel NEMA-Plus Conflict Monitor? DM. Furnishe 6-channel NEMA-Plus Confict Monitor? DN. Furnish 12-channel NEMA-Plus ConfictMonitor? DO. Furnish! NEMAT TS-2Malfunction Management Unit? DF. Furnishl LEDir indication- 12-inch Hand/Man Overlay with Countdown Module Agreement! ID#6134 Page 16of22 EXHIBITSI Item APPENDIXII Lump Sum Payment $1,590.00 $90.00 $160.00 $78.00 $48.75 $436.00 $197.30 DP. Furnish Type 2010orT Type 2018 Confict Monitor withA Absence of RedN Monitoring? X $466.00 DQ. Furnish Detection Camera/Sensor with Enclosure? DR. Furnish Single Channel! NEMA TS-1L Loop Detector Unif? DS. Furnish Two-c Channel NEMA TS-1L Loop Detector Unit? DT. Furnish Two-Channel NEMAT TS-2Loop Detector Unit? DU. Furnish Two-Channel TYPE: 222L Loop Detector Unit DV. Furnisha andr replace Audible Pedestrian Signal? DW. Perform Annuall Inspectiono onR Rairpad-mterconnectedi Intersections Replacement ofd defectivel loop with! loopo ofidenticald or upgraded design requiresn nop priora approval. Upgrading offt functionalr rectangular loopst to Quadrupole design requires prior approvalf from Requiresp priora approvalf form Division Traffic Engineerf forr reimbursement ofr fnon-emergency replacements. Ifitem is covered under warranty, Municipality willr notber reimbursed withoutp prior Emergency Response: Thisf functioni includes alll labora andh incidentali itemst tob bringt thec operation ofthei intersection intor reasonable existing plano ofrecord. Reimbursements fori items CAt through! DVV willb beg givenf fori items utilizedi int must be purchased atth the expense oft ther maintaininga agencyt toir insurea alli intersections ared continuously thec completion operating ofthisy accordingtot work. thep Sufficients planc ofn spare record. equipment Operational Performance Reviews: Thisf functioni includest thel labora andr materials as outlinedi int thea attached Relmbursements fori items CAL through DVwill be giveni fori items utilizedi int thec completion ofthis work only Operational Performance byt Checklist. Engineer. Where specialtye equipmentis is nota addresseds specificallyi int thea attacheds schedule, manufacturer's uponp recommendations: priora approval thel Division Traffic continuedo optimum operation. Sufficients sparee equipmentr mustb bep purchaseda atthee expense ofther maintaining agency to allowt should! the completion bet followedt ofthisv toi insure' work. System Component Repairs: Thisf functioni includesl labor, parts andn materials tor repaire electronict traffics signal controld involvesi in-houser repairo ofe electronic assemblies byt troubleshooting: andr replacings specifici integratedo circuit andr makingo circuit modifications. Thisv worki includesr making! hardware, firmware ands software must! bec completedi inat timely mannert tos supportt thee emergency response ando operationalp performance upgrades reviewf equipmenttoir functions. insure optimum operation. This work Division TrafficE Engineer. approval ofD Division" Traffic Engineer. conformance witht the components. This workt typically to chips, repairingo damaged printed circuitt traces, Agreementl ID#6134 Page 17of22 EXHIBITs TRAFFIC CONTROL DEVICES- -LEVEL C CITY OF GASTONIA APPENDIXI II Itemsi includedo ont thiss scheduler mayb be addedord deletedt tot those checkeda above byan request inl letter should be senti ino quadruplicatet tothel Division Engineer accompanied! byt four (4) copies oft the SCHEDULEV forms with signed alla appropriate byt the! Mayor, Clerk (or Manager). Thel letter Engineera approvest then news SCHEDULEh hes shoulds sign, as approved, allf four (4)c copies ofthen Municipality's letter forwards onec copy ofthel lettera ands SCHEDULE tothe DOTC Controller andl Local Programs Management Office, returns ofrequest. a The Division Engineer then retains ac copyf forh hisfi file. Ther news SCHEDULE willt thent become efective attheb beginningo ofther nexto quarterf for reimbursement. copy ofe each to the! Municipality, and TheD Department reservest ther righto ofverificationt thata alls selectedf functions areb being properly performed. Ifitis determinedt thata items checked. Ifthe Division anya authorizedi functioni isr not being performed, thent ther reimbursement willl ber reduced accordingly. CITYORTOWN CLERK DATE MAYOR ORN MANAGER DATE DEPARTMENT OFT TRANSPORTATION DIVISIONE ENGINEER DATE Agreement ID#6134 Page 18of22 EXHIBITa APPENDIX II TRAFFIC SIGNAL LIST-S SCHEDULE C-C CITY OF GASTONIA DIRECTIONS TOI LGA: Uset the F11 Key or TAB Keyt tol Navigate Between Fields List the Location' of Each NCDOT-Owned: Signal and State ID Number the Rows and Totalt the Number of NCDOT Signals fAdditional Rows arel Needed, Insert at End ofTable When Complete, Save Form and E-Mail tot the Division Traffic Engineer for Inclusion int the Traffic Schedule C Agreement SIGNALLOCATION CITYID STATE ID 12-0016 12-0017 12-0023 12-0029 12-0030 12-0031 12-0032 12-0033 12-0034 12-0035 12-0036 12-0037 12-0038 12-0039 12-0040 12-0041 12-0042 12-0043 12-0044 12-0045 12-0046 12-0047 12-0048 12-0049 12-0050 12-0053 12-0058 12-0059 12-0060 12-0061 12-0063 York & Hudson Chester & Davidson Chester &I-855 S/B Franklin & Myrtle School Franklin & Garrison Franklin & Webb Franklin &1 Linwood Franklin & Vance Franklin & Firestone Franklin & Weldon Franklin & Trenton Franklin & Whitesides Franklin & Chester Franklin & York Franklin & South Franklin8 & Marietta Franklin & Oakland Franklin &E Broad Franklin & Avon Franklin & Chestnut Franklin & Church Franklin &E Belvedere Franklin & Thomas Franklin & Beverly Franklin & New Hope New Hope & Ozark Airline &H Highland Gaston & Ransom Gaston &F Firestone Linwood & Second Linwood & Spencer Agreement ID# #6134 Page 190 of22 EXHIBITa York & Clyde York & Carolina York &. Jackson Garrison & York Garrison & Chester Chester & Fifth York & Third York & Second Chester & Second Franklin & Cox Garrison &N New! Hope Wilkinson & Groves York & Main Garrison & Chestnut Marietta &Walnut Garrison & Union Second & Broad New Hope &T Titman Hudson Wilkinson & Main New Hope & Burtonwood New Hope &F Robinwood Franklin8 &E Edgewood Chester &1 1-851 N/B Linwood &1 Davis Park/Myrtle School New Hope & Court New Hope & Auten New Hope & Pearl Lynhaven & Hudson Hudson & Davis Park New Hope &1-85 S/B New Hope &I-85N N/B Chester &L Long Chester &F Rankin Union8 & Neal Hawkins/ Robinwood Cox & Court Garrison & Churchill Union &F Robinson New Hope & Redbud Modena & Ozark Titman &L Lowell Bethesda Armstrong Park & Gardner Park Garrison & Linwood Agreement ID# #6134 12-0065 12-0066 12-0067 12-0068 12-0069 12-0071 12-0072 12-0073 12-0074 12-0077 12-0079 12-0080 12-0086 12-0096 12-0097 12-0098 12-0102 12-0103 12-0151 12-0152 12-0154 12-0157 12-0162 12-0165 12-0169 12-0173 12-0176 12-0181 12-0190 12-0194 12-0195 12-0203 12-0213 12-0245 12-0270 12-0276 12-0310 12-0326 12-0331 12-0373 12-0609 12-0632 Page 20 of22 EXHIBITS Garrison &I Marietta Garrison & Burtonwood Cox &! I-85 SBF Ramp Chester & Rankin Lake Chester &1 Tulip Long &E Broad Chester &I Main York &Long Long8 & Marietta Franklin &W. Club Armstrong Park & New! Hope Rd Robinwood & Kendrick Lowell Bethesda & Cramerton! Rd Cox &I I-85 N/B Franklin &F Franklin Squarel Franklin & Shannon Bradley Robinwood & Hoffman New Hope & Pineview Cox & Gaston! Mall Cox &A Aberdeen Union Rd& Gaston Days School Rd Main St&1-85 N/B Main St&1-85 S/B Wilkinson &V Westover New Hope & Country Club Union8 & Osceola New Hope & Modena Hudson & Robinwood Franklin & Franklin Squarel I Hudson & Neall Hawkins Hudson & Union Franklin & Franklin Commons/Home Depot Hudson & Bradford! Heights Hudson & Redbud/ /Hoffman Franklin & DMV Robinwood: & Covenant' Village New! Hope & Remount Garrison &1 Trenton Franklin &L Lineberger Franklin & Church(Lowell) Armstrong Park8 & Sprit Circle Hoffman & Gaston Day Agreement ID# #6134 12-0633 12-0634 12-0902 12-0921 12-0922 12-0923 12-0924 12-0925 12-0929 12-0942 12-0986 12-0990 12-1046 12-1086 12-1105 12-1124 12-1209 12-1231 12-1238 12-1282 12-1304 12-1319 12-1320 12-1348 12-1354 12-1358 12-1373 12-1378 12-1401 12-1410 12-1411 12-1454 12-1459 12-1460 12-1495 12-1512 12-1535 12-1543 12-1562 12-1563 12-1603 12-1604 Page 21 of22 EXHIBITS Hudson & Gaston Day Chester & Radio Myrtle School &Walmart Lowell Bethesda & Gaston Rd Franklin & Sadler School Franklin & Gaston Mall New Hope & Stroupe Bessemer City Rd& Dallas-Bessemer City Rd Bessemer City Rd&! Northwest Blvd Bessemer City Rd&l Isley Drive Bessemer City Rd&E Brown St/Milton St Bessemer CityF Rd& Shannon Bradley Rd Bessemer City Rd&! Myrtle School Rd Bessemer City Rd&l 1-85 NB Bessemer City Rd&l 1-85 SB Lynhaven & Edgefield Spencer & Miller Second& South Second8 &I Marietta Second8 & Oakland Main & Oakland Aberdeen & Remount Second8 & Chestnut Aberdeen & W. Club Main & Marietta Main & South Davidson & Hargrove Court8 & Gaston! Memorial 12-1605 12-1623 12-1706 12-1712 12-1715 12-1778 12-1536 12-0012 12-0155 12-0234 12-0264 12-0335 12-0636 12-0928 12-0931 City01 City02 Cityo 03 City 04 City 05 City 06 City 07 Cityo 08 City 09 City 10 City11 City1 13 City 14 13 TOTAL NUMBER OF CITY SIGNALS: TOTAL NUMBER OF STATE SIGNALS: TOTAL NUMBER OF SIGNALS 130 143 Agreement ID# #6134 Page 22 of22 EXHIBIT NORTHO CAROLINA GASTON COUNTY MUNICIPAL OPERATIONS- COMPUTER, COMMUNICATIONS, EQUIPMENT, AND SYSTEM OPERATIONS FOR COMPUTERIZED TRAFFIC SIGNAL SYSTEM AGREEMENT SCHEDULED DATE: 2/26/2016 NORTH CAROLINA DEPARTMENT OF TRANSPORTATION CITYOFGASTONIA AND WBSE Element: 12.10136M THISA AGREEMENT isr made and enteredi into ont the last date executed below, by and between the North Carolina Department of Transportation, an agency oft the State of North Carolina, hereinafter referred to ast the' Department" andt the City of Gastonial hereinafter referred to as the' Municipality." WHEREAS, the provisions oft the! North Carolina General Statute (NCGS) $136-18 and $136-66.1 authorize the Municipality to contract witht the Department fori thei installation, repair, operations and maintenance of highway signs and markings, electrict traffic signals, and other traffic control devices WHEREAS, the Department andi the Municipality! have a mutual interest int the efficient ande effective WHEREAS, the Department and the Municipality recognize that each partyt tot this Agreement has an obligation and responsibility top provide fort thes safe, orderly, ande efficienti flow oft traffic on their WHEREAS, the Municipality finds thati itisi int the best publici interest to enter into an Agreement with WHEREAS, thel Department: finds it desirable and advantageous to reimburse thel Municipality for costs incurred, whent the Municipality operates that portion oft the computerized traffic signal system NOW, THEREFORE, thel Department and thel Municipality do! hereby agree asf follows: WITNESSETH: on State Highway System streets withint the Municipality; and, operation oft traffic signals within the Municipality; and, respective street systems; and, thel Department to operate the computerized traffics signal system; and, thati is ont the State Highway System within orr near the Municipality; Agreement ID# #6135 Page1of28 EXHIBITOss 1. GENERAL PROVISIONS COMPLIANCE WITHSTATEFEDERALI POLICY The Municipality and/ori its agent, including all contractors, subcontractors, or sub-recipients shall comply with alla applicable Federal and State policies andj procedures, stated both int this Agreement andi int the Department's guidelines and procedures. FAILURE TO COMPLY- CONSEQUENCES Failure ont the part oft thel Municipality to comply with any oft the provisions oft this Agreement will be grounds for the Department tot terminate participation int the costs oft the Project and,if applicable, seek repayment ofa any reimbursed funds. 2. SCOPE OF THE PROJECT Thel Municipality shall operatet the computerized traffics signal system as defined int the Appendices and asi indicated hereinafter. TIMING PLANS A. Thel Municipality shalll ber responsible fori the evaluation: and preparation oft timing plans at all intersections int the traffic signal system. Allt traffic data needed for the evaluation and development oft timing plans will be obtained by the Municipality whenever possible. The Municipality will notify the Department of any additional data that is required to evaluate and preparei the necessary timing plans. The Department shall, upon request, make availablet to B. Thei timing plans affectingi intersections ont the State! Highway System, utilizedi in system operation, will bes subject tot the approval oft the Department and will reflect the needs oft traffic onk botht the State Highway System andi the Municipality's System. Int the event the Department and thel Municipality cannot agree ont the selection ofa a given timing plan, the the! Municipality all current traffic count data fort the existing signals. decision oft the Department willl bef final. ONGOING OPERATION OF THE SIGNAL SYSTEM C. Thel Municipality shall noti installa anyt traffic control devices, nor make any traffic signal phasing changes, on any State Highway System street withoutt the prior approvai oft the Department, pursuant tol NCGS $20-169. Agreement ID# #6135 Page 2 of28 EXHIBIT D. Thel Municipality shall operate the signal systemi in accordance with North Carolina General Statutes, thel Department's current policies and guidelines asi included ini the Appendices, and all! local codes and ordinançes. If, int the opinion oft the Department, the Municipality does not operatet thes signals systemi in accordance with thes specified criteria, the Department shall have thei rightt to enter into a separate operational agreement with a private contractor and deduct these costs fromt the Department's pro-rata share undert this Agreement, orf from thet funds Thel Department shall review and concur with any contract enteredi intol by the Municipality for Any contract enteredi into with another party top perform work associated with the requirements oft this Agreement shall contain appropriate provisions regarding the utilization of Minority Business Enterprises/Women Business Enterprises (MBEWWBE), or as required and definedi in NCGS 143-128.2-128-4: andt the North Carolina Administrative Code. These provisions arei incorporated into this Agreement by reference! pslcomsincsispuimuntsePaRaBas Proposals-forLGAa aspx. Thel Municipality shallr not advertise nore enter into a contract for services performed as part oft this Agreement, unless the Department provides written approval oft the Ifthe Municipality fails to comply with theser requirements, the Department will withhold FThel Municipality agrees to an annual audit oft the performance ofi intersection equipment and systems. The audit ist tok be performed by the Department andt the Municipality. allocated under NCGS $136-41.1. the operation ofa anyi item(s). advertisement or the contents oft the contract. funding until these requirements arer met. 3. TIME FRAME This agreement shall bet fort the current state fiscal year, beginning July 1,2015 and ending June 30, 2016. Att the end oft thes state fiscal year, the provision ofs services and quality of results may ber reviewed! byi the Department and Municipality. The Agreement may be extended fora additional fiscal years, contingent upont the availability of NCDOT maintenance funds by the General Assembly. Extensions may ber madei inc one (1), yeari ncrements; incorporating any mutually agreed upon adjustments, upt toa at total off five (5), years witht the end oft thef final fiscal year of servicel being. June 30, 2021. On behalfo oft the Municipality, extensions may be authorized and executed by the Town/City Manager and/or Mayor without further resolution oft the Town/City Council. The agreement may! bet terminated by either party upon at thirty (30) day written notice. Agreement] ID! #6135 Page 30 of28 EXHIBIT A. Upon termination ofe each year ofs service, andi inc connection with eache extension oft this Agreement, thel Municipality may request an adjustment oft the annual rates based ona actual cost records fort the priory years. This requestr must indicate ther new rate fore each Schedule D item. Eachr rate must be verifiable byt time sheets, salary rates, materials, equipment, and other qualifying costs inc conformance with thes standards ofa allowable costs. This shall be actual costi incurred with the exception ofe equipment ownedh byt the Municipality. Reimbursement fort ther rates ofe equipment owned! by the Municipality cannot exceedt the Department's rates ine effect fort thet time periodi in whicht the work isp performed. B. The cost records may be audited by the Department to determine any adjustments or revisions int the new rates. 4. FUNDING The eligible costs oft this Project willl be reimbursedi from Statef funding. 5.R REIMBURSEMENT The Department shall reimburse the Municipality quarterly, based on an annual amount, for the operation oft the computerized traffic signal system asi included below: ELIGIBLE COSTS A. Thei reimbursement ratesi int this Agreement representt the Department's pro-rata share oft the operational cost, whichi ist based ont the ratio oft the number of State System intersections to thet total number ofi intersections in the computerized traffic signal system. The Municipality shall maintain a currenti inventory list of allt traffics signals withint the system, and classify as city- or state-owned. The current inventory list, asi included int the Appendices oft this Agreement, will be used to determine thel Department's pro-rata share. B. Thel Department shall reimburse the Municipality based ont the annual operational amount of the computerized traffics signal system asi includedi int the Appendices oft this Agreement. This total amounti includes the! Department's pro-rata share of cost. asi included inF Provision 5A. for the salary. payroll additives ofa System Operations Manager or equivalent: Systems Operations Engineer or equivalent and Traffic Signals System Specialist or equivalent. These positions, ata a minimum, shalle exhibiti the qualifications and perform the duties as includedi int the Appendices. The cost shall bel based ont the pro-ratas share oft time dedicated tot the operation oft the system. Agreement ID# #6135 Page4of28 EXHIBIT C. Thel Department shall reimburse the Municipality for operation oft the Central Computer and Associated Hardware, CCTV Camera System, Communications Infrastructure, system detectors and other associated central and system field equipment. Thel Municipality shall be responsible forp providing all needed replacement parts and equipment. Under this Agreement, the Department will reimburse the Municipality fori its pro-rata share oft the replacement orr repair costs necessary for maintaining operability and any equipment D. The Municipality will not receive an annual reimbursement fori fiber optic communications cable and CCTVO cameras. Thel Department will reimburse thel Municipality its pro-rata share oft the actual costs fort the emergency restoration off fiber optic communications and CCTV cameras. This cost shalli include: fiber optic cable, interconnect centers, splicet trays, fusion . Said reimbursement shall bel limited to operational costs, which would include tasks associated withi insuring the continuous, safe and efficient operation oft traffic signals, traffic signal systems, and control facilities. Examples include, but are not limited to, emergency repairs tos system components, periodic evaluation and adjustment to operational timing parameters, computer system and software upgrades, operational upgrades to maintain or . The Department will not reimburse operational costs for activities that do not! have a direct andi immediate effect ont the continuous, safe and efficient operation oft traffic signals, traffic signal systems, and control facilities including, but notl limitedt to, painting ofp poles and signal cabinets, vegetation controla adjacent tof facilities, interior and exterior care oft traffic control G. The Municipality agrees that its shall beara allo costs for whichi itis unablet tos substantiate actual H. Any costsi incurred! byt thel Municipality priort tov written notification by the Department to Thel Department will reimburse the Municipality fori its pro-rata share, as specifiedi int the Appendices, for any Signal Systems operational contract inv whichi it concurs. The Department shall! have access tot the contractor's records and documentation fora audit, which pertains to any rates billedt tot the Municipality for the operation oft those items for a period of five (5): years fromt the date oft thet finalp payment made undert this agreement. included herein. splicing, transceivers, Ethernet switches, labor, etc. improve safety ore efficiency, etc. centers and parking areas, furniture fort traffic control centers, etc. costs. proceed with the work shall not be eligible for reimbursement. Agreement ID# #6135 Page 5of28 EXHIBIT J. Equipment secured as a non-participating item by the Department (100% Municipality costs) will continue asr non-participating items with respectt to operations. The Division Engineer will provide the necessary documentation: for non-participating items. PROCESS K. Thel Municipality shall submit a quarterly itemized invoice including the certified status report tot the Department fors said costs no later than three (3) months after thes scheduled quarterly invoicing date. This invoice willr reflectt the balance betweèn the quarterly payments issued! by thel Department andi the total approved amount, unless additional reimbursements are approved! byt the Department. Allf finali invoices must bes submitted within one (1) year after thev work is performed ors said work willl be consideredi non-billable and will not be paidf for by the Department. The Department, ati its option, may elect toi increase the reimbursement rates upt tot three percent (3%) each yeari inc consideration ofi inflation rates and cost increases, subject to the availability off funds andi the performance oft the Municipality. - Thel Department shall reimburse the Municipality upon approval byt thel Department's Division Engineer andi the Fiscal Management Section. 6.F FORCE ACCOUNT Work performed by thel Municipality's ownt forces is considered force account work. Force account worki is only allowed when 1)t there isa at finding of cost effectiveness for the work tob be performed bys some method other than contract awarded by competitive bidding process, and 2) thei force account work isi inc compliance with NC General Statute 143-135, founda at www.ncleg. shssasaSaeaNe Written approval from thel Division Engineer is required priort tot the use off force account byt the Municipality. Said invoices for force account works shall show as summary ofl labor, labor additives, equipment, materials and other qualifying costs inc conformance witht thes standards for allowable costs setf forth in Office of Management and Budget (OMB) Circular A-87 tp/www.whiehouse.oVlombeirulars. a087 2004/). Reimbursement: shall bel based ona actual costi incurred with the exception of equipment owned by the Municipality ori its Project partners. Reimbursement rates for equipment owned by the Municipality ori its Project partners cannot exceedi the Department's rates ine effectf fort the time periodi iny whicht the work is performed, nort the maximum amounti includedi in Appendix VI. EMERGENCY WORK Agreement ID#6135 Page 6of28 EXHIBIT Under current Department policy, ffforce account worki is necessary and performed! byt the Municipality during emergency occurrences or occurrences that endanger public safety, additional information: shall bes submitted to document the emergency situation, actions taken duringt the occurrence: and the resolution with each quarterly invoice. Approval must be obtained from the Department andi the Division Engineer before reimbursement ist made. 7. RECORDS AND REPORTS A. Thel Municipality shall furnish the Department's Division Engineer a certified quarterly status reportt that details the operation oft the signals system. The status report shall be certifiedi in writing byt the Systems Operations Engineer ands shalli indicate intersection failures, local and system detector failures, the percentage oft time the computer system was off-line, the repairs that were made andi the dates ofs said repairlreplacements. The quarterly report shall also identify any new/deleted intersections int thet traffic signal system and allt traffic signal timing optimization performed. The Department's Division Engineer will provide detailed guidance B. Ina accordance with NCGS $159-34, thel Municipality shall arrange for ani independent financial and compliance audit ofi itsf fiscal operations. The Municipality shall furnisht the Department with a copy oft thei independent audit report withint thirty (30) days of completion oft the report, but not later than nine (9) months after the Municipality fiscaly year ends. The Municipality shall keep and maintain all books, documents, papers, accounting records, other such cost records and supporting documentation ande evidence as may! be appropriate tos substantiate costs incurred under this Agreement. Further, the Municipality shall make such materials available ati its office ata all reasonable times during the Agreement period, and fort three (3) yearsi from the date oft thef final payment made under this agreement, for inspection and audit byt the Department's Division Engineer and Financial Management and reporting forms fort the Municipality. Division. 8. ADDITIONAL PROVISIONS A. This Agreement does nott transfer legal control of, orr responsibility, or legall liability for the State Highway System roads described! hereint to the Municipality, nor does it prohibit the Department from taking any action or undertaking anyr responsibilities with regard tos such roads. This Agreementi is solely fort theb benefit oft the Municipality andt the Department and not fort the benefit of any other persons including, but not limitedt to, members oft the public or Agreement ID: #6135 Page7of28 EXHIBIT users oft the State Highway System roads, andr not third party rights are created, ori intended B.T Thel Municipality shall comply with Title VI oft the Civil Rights Act of 1964, (Title 49 CFR, Subtitle A, Part21). Title VI prohibits discrimination ont the basis ofr race, color, national origin, disability, gender, and agei in allp programs or activities of any recipient ofF Federal C.I Itist the policy oft the Department nott to enter into any agreement with another partyt that has been debarred by any government agency (Federal or State). The Municipality certifies, by signature oft this agreement, that neither itr nor its agents or contractors are presently debarred, suspended, proposed for debarment, declared ineligible or voluntarily excluded from participationi int this transaction by any Federal or State Department or Agency. D.T Thel Municipality shall certifyt tot the Department compliance with alla applicable Federal and State laws and regulations and ordinances and shall indemnify the Department against any fines, assessments or other penalties resulting from noncompliance by any entity performing , Thel Municipality is solely responsible fora alla agreements, contracts, and work orders entered into ori issued byt the Municipalityt for this Project. Thei Department shall noth be held liable by the Municipality for any expenses or obligations incurred fort the Project exceptt those specifically eligible fort thef funds and obligations as approved by the Department under the terms oft this Agreement. Thel Department shall not reimburse the Municipality any costs that F. The Municipality willi indemnify and! hold harmless the Department, FHWA, and the State of North Carolina, their respective officers, directors, principals, employees, agents, successors, and assigns from and against any and all claims for damage and/or liability in connection with thep project activities performed pursuantt tot this Agreement including construction oft the Project. The Department shall not ber responsible for any damages or claimst for damages, G. The Department must approve any assignment ort transfer oft the responsibilities oft the Municipality setf forth int this Agreement to other parties or entities. H. By Executive Order 24, issued by Governor Perdue, and N.C. G.S.S133-32, itis unlawful for any vendor ord contractor (ie. architect, bidder, contractor, construction manager, design professional, engineer, landlord, offeror, seller, subcontractor, supplier, or vendor), to make tok be created, byt this Agreement. assistance. work under contract with thel Municipality. exceed thet total funding at anyt time. whichr may bei initiated by third parties. Agreement ID#6135 Page 8of28 EXHIBITS gifts ort tog givef favors to any State employee oft the Governor's Cabinet Agencies (e., Administration, Commerce, Correction, Crime Control and Public Safety, Cultural Resources, Environment: and Natural Resources, Health and Human Services, Juvenile Justice and Delinquency Prevention, Revenue, Transportation, and the Office oft the Governor). This Agreement contains the entire agreement between the parties and there arer no understandings ora agreements, verbal or otherwise, regarding this Agreement except as Thep parties hereby acknowledge that thei individual executing the Agreement ont their behalf isa authorized to execute this Agreement oni their behalf andi to bind the respective entities to thet terms contained hereina andi that he has read this Agreement, conferred with his attorney, expressly set forth herein. andf fully understands its contents. Agreement ID: #6135 Page9of28 EXHIBIT4S INWITNESS WHEREOF, this Agreement has been executed by the Department and the Municipality bya authority duly given. ATTEST: BY:_ CITY OF GASTONIA BY: DATE: N.C.G.S. $1 133-32 and Executive Order 24 prohibit the offer to, or acceptance by, any State Employee of any gift from anyone with a contract with the State, orf from any person seeking to do business with the State. By execution ofa any response int this procurement, you attest, fory your entire organization andi its employees ora agents, that you are not aware that any such gift has been offered, Approved byt thel local governing body oft the Cityo of Gastonia as attested to! byt the signature of Clerk accepted, or promised by any employees ofy your organization. of said governing body on (Date) Fiscal Control Act. BY: This Agreement has been pre-audited in the manner required byt the Local Government Budget and (SEAL) (FINANCE OFFICER) Remittance Address: City of Gastonia DEPARTMENT OF TRANSPORTATION BY: DATE: (CHIEF ENGINEER) PRESENTED TOI BOARD OF TRANSPORTATONITEMO, Agreement ID: #6135 Page 10of28 EXHIBIT APPENDIXI MUNICIPAL OPERATIONS AGREEMENT- SCHEDULED- GASTONIA NOTE: Thel Department requires the Municipality tor maintain al Level of Service" "C", or"good", in ordert top provide reimbursement. Ifthe operation falls below al Level of Service' "C", or" "good", then the Department may withhold reimbursement underi this Agreement. Ifthe Municipality operates ata Traffic Signal System Operations higher level ofs service, thel Department will not reimburse these costs. Levels of Service Level-of-service "A" 1. Allo oft the signalized intersections int the Municipality's jurisdiction are monitored by the system. All of the signalized intersections are actively controlled for atl least some periods of 2. Allt timing plans and day plans are evaluated oni intervals ofr no greater than six months. On corridors with as significant annual growthi int traffic volume (> 5.0%), newi timing plans are identified annually. Required new plans are developed andi implemented within three The Municipality has ana activet traffic data collection program that includes turning movement counts ata all signalizedi intersections; the collection ofa average dailyt traffic counts; and performs travel-time/delay studies on alls subsystems atar minimum ofe every two years. This data is used to evaluate system operations and performance. 4. Timing plans for newly installed intersections arei implementedi in conjunction with the Thel Municipality has ana active, on-going operational performance program for operation of thet traffic signal system in whichs system communication components and central site hardwarei ist tested ande evaluated oni intervals of no less than two times per year. 6. An minimum of 90% ofa alls system detectors are operational ata any given time. The maximum 7. The control centeri is staffed! by qualified personnel during the AM8 & PM peak hours, and 8. Thel Municipality uses traffic responsive timing plans where appropriate and continually the day (e.g. timing plans are developed andi implemented). months ofi identification. installation oft thet traffic signal. time tor repair failed detection devicesi is 30 calendar days. during other times ofh hight traffic volumes (e.g. speciale events). monitors and updates the thresholds. Agreement ID# #6135 Page 11 of28 EXHIBITS APPENDIXI MUNICIPAL OPERATIONS AGREEMENT - SCHEDULED-GASTONA Traffic Signal System Operations Level-of-service "B" actively controlled. 1. Essentially all (+90%) oft the signalized intersections int the Municipality's jurisdiction are monitored byt the system. Practically all (+95%) oft the monitored signalized intersections are 2. Allt timing plans and day plans are evaluated oni intervals ofr no greater than 12 months. On corridors with a significant annual growth int traffic volume (> 5.0%), new timing plans are identified annually. Required new plans are developed and implemented within three 3. Thel Municipality has an active traffic data collection program that includes turning movement counts ata all signalized intersections; the collection ofa average daily traffic counts; and performs travel-time/delay studies on alls subsystems ata minimum ofe every two years. This datai is usedi toe evaluate system operations and performance. 4. Timing plans for newly installed intersections arei implemented in conjunction with the Thel Municipality has an active, on-going operational performance program for operation of thet traffics signals system inv which system communication components and central site hardwarei ist tested ande evaluated oni intervals ofr no less thant two times per year. 6. An minimum of 85% of alls system detectors is operational ata any given time. The maximum 7. The control centeri is staffed by qualified personnel during the AMS & PM peak! hours. The operations staff is on-call during other times ofe expected hight traffic volume. The! Municipality uses traffic responsive timing plans where appropriate. Threshold values months ofi identification. installation oft thet traffic signal. time tor repair failed detection devices is 30 calendar days. are evaluated annually. Agreement ID: #6135 Page 12 of28 EXHIBIT APPENDIXI MUNICIPAL OPERATIONS AGREEMENT- - SCHEDULED- GASTONIA Traffic Signal System Operations Level-of-service "C" The vastr majority (+80%) oft the signalized intersections int the Municipality's jurisdiction are monitored byt thes system. The onlyt traffics signals not monitored- aret those whose lack of proximity does notl lendt them to cost-effective communication. The vast majority (+80%) of 2. Allt timing plans and day plans are evaluated oni intervals ofr nog greater than 181 months. On corridors with as significant annual growthi int traffic volume (>5 5.0%), new timing plans are identified annually. On average, required new plans are developed andi implemented within 3. Thel Municipality obtains the datai that is used to evaluate system operations and monitored: signals are actively controlled by the system. six months ofi identification. performance. Timing plans for newlyi installed intersections are implemented within 30 calendar days of Thel Municipality has ana active, on-going operational performance program for operation of thet traffic signal systemi iny whichs system communication components and central site hardware is tested and evaluated oni intervals of no less than two times per year. Aminimum of 80% ofa alls system detectors are operational ata any given time. The maximum 7. Thec control centeri is staffed! by qualified personnel duringt the AM &F PM peak hours. The operations staff is on-call during othert times ofe expected hight trafficv volume. Thel Municipality usest traffic responsive timing plans where appropriate. Threshold values thei installation oft thet traffic signal. time tor repair failed detection devices is 60 calendar days. aree evaluated annually. Agreement ID: #6135 Page 13 of28 EXHIBIPS APPENDIXI MUNICIPAL OPERATIONS AGREEMENT- SCHEDULE D- GASTONIA Traffic Signal System Operations Level-of-service "D" 1. Most (+60%) oft the signalized intersections int the Municipality's jurisdiction are monitored by thes system. Signalized intersections that are inc close proximityt to other signalized intersections (<0.5r mile) are in operation but arer not monitored by the system. Most (+60%) oft ther monitored signals are actively controlled byt the system. 2. Allt timing plans and day plans are evaluated oni intervals ofr no greater than 24 months. On corridors with as significant annual growth int traffic volume (> 5.0%), new timing plans are identified oni intervals ofr no greater than two years. New plans are developed and TheN Municipality obtains the datai is usedt to evaluate system operations and performance. Timing plans for newlyi installed intersections arei implemented within 60 calendar days of Thel Municipality has ana active, on-going operational performance program for operation of thet traffic signal systemi in whichs system communication components and centrals site hardware ist tested and evaluated oni intervals of nol less than onet time per year. 5. An minimum of6 60% of alls system detectors are operational ata any givent time. The maximum 7. The control centeri iss staffed during either the AM or PMp peak! hour; whichever ist the highest 8. Thel Municipality has not evaluatedi the use oftraffic responsive timing plans. implemented within 121 months ofi identification. thei installation oft the traffic signal. time tor repairf failed detection devices is 90 calendar days. volume period. Agreement ID# #6135 Page 14of28 EXHIBITSI APPENDIXI MUNICIPAL OPERATIONS AGREEMENT - SCHEDULE D- GASTONIA Traffic Signal System Operations Level-of-service' "" 1. Less than half (<50%) oft the signalized intersections int the Municipalities' jurisdiction are monitored! byt the system. Signalized intersections that arei in close proximity to other signalizedi intersections (<0.5 mile), arei in operation but arer not monitored byt the system. Most (+60%) oft the monitored signals are actively controlled byt the system. 2. Allt timing plans and day plans are evaluated oni intervals greater than 30 months. On corridors with as significant annual growthi int traffic volume (> 5.0%), newi timing plans are identified oni intervals ofr no greater than two years. On average, new plans are developed andi implemented oni intervals not to exceed 18r months after identification. . The Municipality does not collect datai to evaluate system performance and retime signals. 4. Timing plans for newly installedi intersections are implemented more than 90 calendar days Thel Municipality does noth have an active, on-going operational performance program for operation oft thet traffic signal system inv whichs system communication components and central site! hardware ist tested ande evaluated. The Municipality provides emergency restoration only 6. Aminimum of 50% of alls system detectors are operational ata any given time. The maximum 7. The control centeri is staffed during either the AM or PM peakl hour; whichever is the highest 8. TheN Municipality has note evaluated the use oft traffic responsive timing plans. Allo data used isp provided! by others. after installation oft thet traffic signal. fors system communication: and hardware components. time tor repairf failed detection devices is 120 calendar days. volume period. Agreement ID# #6135 Page 15of28 EXHIBITS APPENDIXI II STATE ID 12-0016 12-0017 12-0023 12-0029 12-0030 12-0031 12-0032 12-0033 12-0034 12-0035 12-0036 12-0037 12-0038 12-0039 12-0040 12-0041 12-0042 12-0043 12-0044 12-0045 12-0046 12-0047 12-0048 12-0049 12-0050 12-0053 12-0058 12-0059 12-0060 12-0061 12-0063 12-0065 12-0066 12-0067 12-0068 12-0069 12-0071 12-0072 TRAFFIC SIGNAL LST-SCAEDULED-CIY, OF GASTONIA SIGNAL LOCATION York & Hudson Chester & Davidson Chester &1-85 S/B Franklin &I Myrtle Schooi Franklin & Garrison Franklina &V Webb Franklin &L Linwood Franklin & Vance Franklin &F Firestone Franklin &V Weldon Franklin &T Trenton Franklin &V Whitesides Franklin & Chester Franklin &York Franklin & South Franklin &! Marietta Franklin & Oakland Franklin &E Broad Franklin &Avon Franklin & Chestnut Franklin & Church Franklin & Belvedere Franklin &T Thomas Franklin & Beverly Franklin & New Hope New! Hope & Ozark Airline & Highland Gaston & Ransom Gaston & Firestone Linwood & Second Linwood &s Spencer York & Clyde York & Carolina York &J Jackson Garrison &York Garrison & Chester Chester &F Fifth York &T Third Agreement ID# #6135 CITYID Page 160 of28 EXHIBITs York & Second Chester & Second Franklin & Cox Garrison & New Hope Wilkinson & Groves York &N Main Garrison & Chestnut Marietta & Walnut Garrison & Union Second & Broad Newh Hope &T Titman/ Hudson Wilkinson &M Main New! Hope &E Burtonwood New Hope &F Robinwood Franklin & Edgewood Chester &I 1-85 N/B Linwood &I Davis Park/Myrtle School New Hope &0 Court New Hope &A Auten New Hope &F Pearl Lynhaven &H Hudson Hudson & Davis Park New Hope &1-85 S/B New! Hope &1 1-85 N/B Chester & Long Chester & Rankin Union & Neal Hawkins/R Robinwood Cox & Court Garrison & Churchill Union & Robinson New Hope &F Redbud Modena & Ozark Titman &L Lowell Bethesda Armstrong Park & Gardner Park Garrison & Linwood Garrison8 & Marietta Garrison & Burtonwood Cox8 &1-85 SBF Ramp Chester &F Rankin Lake Chester &1 Tulip Long &Broad Agreement ID: #6135 12-0073 12-0074 12-0077 12-0079 12-0080 12-0086 12-0096 12-0097 12-0098 12-0102 12-0103 12-0151 12-0152 12-0154 12-0157 12-0162 12-0165 12-0169 12-0173 12-0176 12-0181 12-0190 12-0194 12-0195 12-0203 12-0213 12-0245 12-0270 12-0276 12-0310 12-0326 12-0331 12-0373 12-0609 12-0632 12-0633 12-0634 12-0902 12-0921 12-0922 12-0923 Page 17of28 9-54 EXHIBIT Chester &I Main York &Long Long & Marietta Franklin &W.C Club Armstrong Park & New Hope Rd Robinwood &K Kendrick Lowell Bethesda & Cramerton Rd Cox &I-85N/B Franklin &F Franklin Squarel Franklin & Shannon Bradley Robinwood. &H Hoffman New Hope &F Pineview Cox & Gaston! Mall Cox &Aberdeen Union Rd8 & Gaston Day School Rd Main St&I-85 N/B Main St&l I-85 S/B Wikinson8 &Westover New! Hope & Country Club Union & Osceola New! Hope & Modena Hudson &F Robinwood Franklin &F Franklin Squarel II Hudson &N Neal Hawkins Hudson & Union Franklin &F Franklin Commons/Home Depot Hudson &E Bradford Heights Hudson &F Redbud/Hoffman Franklin &D DMV Robinwood & Covenant Vilage Newh Hope &F Remount Garrison &T Trenton Franklin &1 Lineberger Franklin & Church(Lowell) Armstrong! Park & Sprit Circle Hoffman & Gaston Day Hudson & Gaston Day Chester &F Radio Myrtle School &V Walmart Lowell Bethesda & Gaston Rd Franklin &s Sadler School Agreement ID# #6135 12-0924 12-0925 12-0929 12-0942 12-0986 12-0990 12-1046 12-1086 12-1105 12-1124 12-1209 12-1231 12-1238 12-1282 12-1304 12-1319 12-1320 12-1348 12-1354 12-1358 12-1373 12-1378 12-1401 12-1410 12-1411 12-1454 12-1459 12-1460 12-1495 12-1512 12-1535 12-1543 12-1562 12-1563 12-1603 12-1604 12-1605 12-1623 12-1706 12-1712 12-1715 Page 18 of28 9-55 EXHIBIT Franklin & Gaston Mall New Hope & Stroupe Bessemer City Rd8 & Dallas- Bessemer City Rd Bessemer City Rd&N Northwest Blvd Bessemer City Rd8 & Isley Drive Bessemer City Rd &E Brown St/ Miton St Bessemer City Rd&s Shannon Bradley Rd Bessemer City Rd&N Myrtle School Rd Bessemer City Rd&I-85 NB Bessemer City Rd&1-85 SB Lynhaven & Edgefield Spencer & Miller Second & South Second &N Marietta Second & Oakland Main & Oakland Aberdeen & Remount Second & Chestnut Aberdeen &W. Club Main & Marietta Main8 & South Davidson & Hargrove Court8 & Gaston Memorial 12-1778 12-1536 12-0012 12-0155 12-0234 12-0264 12-0335 12-0636 12-0928 12-0931 City01 City 02 City 03 City04 City 05 City 06 City 07 Cityo 08 City09 City1 10 City1 11 City13 City14 TOTAL NUMBER OF CITY SIGNALS TOTAL NUMBER OF STATE SIGNALS TOTAL NUMBER OF ALL SIGNALS 13 143 130 90.90% PRO-RATASHARE: Agreement ID: #6135 Page 19of28 EXHIBITP-ss APPENDIX III CCTV CAMERAS - SCHEDULE D- CITY OF GASTONIA CCTV LOCATION Franklin & Myrtle School Franklin & New Hope Franklin & Cox New Hope & Garrison New Hope & Redbud Chester & I-85 Union & Robinwood Cox &I I-85 New Hope & I-85 Edgewood &1 1-85 Wilkinson & Redbud Main St (Lowell) & 1-85 Bessemer City & I-85 CCTVID# (ifapplicable) 12-7007 12-7008 12-7009 12-7010 12-7011 12-7012 12-7013 12-7014 12-7015 12-7016 12-7017 12-7018 12-7019 TOTAL NUMBER OF CCTV CAMERAS: 13 Agreement] ID: #6135 Page 20 of28 EXHIBIP-S APPENDIX IV SYSTEM DETECTOR LIST- SCHEDULE D. - CITY OF GASTONIA DETECTOR LOCATION 12-0016 York & Hudson 12-0029 Franklin & Myrtle School 12-0034 Franklin & Firestone 12-0035 Franklin & Weldon 12-0040 Franklin & South 12-0041 Franklin & Marietta 12-0047 Franklin & Belvedere 12-0050 Franklin & New Hope 12-0058 Airline & Highland 12-0063 Linwood & Spencer 12-0067 York &. Jackson 12-0068 Garrison & York 12-0074 Chester & Second 12-0077 Franklin & Cox 12-0079 Garrison & New Hope 12-0103 New Hope & Titman 12-0151 Wilkinson &I Main 12-0154 New Hope & Robinwood 12-0169 New Hope & Court 12-0190 Hudson & Davis Park 12-0213 Chester & Rankin 12-0310 Union & Robinson 12-0331 Modena & Ozark 12-0920 Cox & I-85 SBI Ramp 12-0921 Chester & Rankin Lake 12-0922 Chester & Tulip 12-0925 York & Long 12-0986 Armstrong Park & New Hope 12-1348 Wilkinson & Westover 12-1354 New Hope & Country Club 12-1411 Hudson & Union 12-1623 Chester & Radio DET.ID# (fapplicable) $1,S2 $1,S2 $1,S2,S3 $1,S2 S1,S2 S1,S2 $1,S2,S3 $1,S2 S1 S1 $1,S2 $1,S2,S3,S4 S1,S2 $1,S2,S3 S1,S2 S1,S2,S3,S4 $1,S2 $1,S2 S1,S2 $1,S2 $1,S2 S1,S2 S1,S2 $1,S2 $1,S2,S3 S1,S2,S3 $1,S2 $1,S2,S3,S4 S1,S2,S3 $1,S2 $1,S2,S3,S4 S1,S2 76 TOTAL NUMBER OF DETECTORS: Agreement ID# #6135 Page 21 of28 EXHIBIT-Ss APPENDIXV MUNICIPAL OPERATIONS AGREEMENT - SCHEDULED POSITION QUALIFICATIONS- - CITY OF GASTONIA TRAFFIC SIGNAL SYSTEMS OPERATIONS MANAGER OR EQUIVALENT EDUCATION ANDI EXPERIENCE Graduation from af four-year college or university with ai major in Civil Engineering or equivalent ora ar minimum of6y years ofp progressive transportation engineering experience; ora ane equivalent combination oft training and directly related experience int traffic signal Operations experience and knowledge ofITS concepts, data communications, and Excellent planning and organizational skills. Excellent oral and written communications Working knowledge oft they principles and practices oft traffic signalt timing and microcomputer applications oft traffics signal optimization software (e.g., Synchro 3.2, Working knowledge ofA AUTOCAD or MICROSTATION: and PC-BASED programs including: MS Office (Word, Excel, Access, PowerPoint), GIS, and various software operations. computerized traffic signal systems equipment. skills including the abilityt tor make public presentations. PASSER-II, PASSER IV, TRANSYT 7F, NETSIM). programs fori traffic optimization andi traffic analysis.. Regular NC driver's license required. ESSENTIAL DUTIES Oversees the activities oft the computerized traffic signal system operation to ensure that allr required functions, activities andi tasks are performed ina ane effective, efficient and Directly manages employees ina al Transportation Management Center. Is responsible for timely manner. the overall direction, coordination, and evaluation oft the unit. Agreement ID: #6135 Page 22 of28 9-59 EXHIBIT ESSENTIAL DUTIES (CONT'D) Supervises staffi ina accordance witht the organization's policies and applicable laws. Responsibilities includei interviewing, hiring, and traininge employees; planning, assigning, and directing work; appraising performance; rewarding and disciplining employees; Works with supervisort tor manage staffing and work assignments. Supervises traffic signal staff by assigning tasks and reviewing work on a routine basis and provides Provides oversight forf fieldi investigations, collection and analysis oft traffic data and Measures of Effectiveness (MOES), computes traffic parameters to refine signal timing programs for optimum systems timinge efficiency and develops time- space diagrams. Ensures new signal timing plans created by changes int traffici flowp patterns, land-use and Responds tot the complaints and concerns oft the community regarding traffics signal Reviews traffic signal designs fori impact on general traffici flow and provides addressing complaints and resolving problems. ongoing guidance and feedback. population arei implemented. design andi intersection safety ande efficiency. recommendations. Agreement ID# #6135 Page 23 of28 EXHIBIT-s APPENDIXV MUNICIPAL OPERATIONS AGREEMENT - SCHEDULED POSITION QUALIFICATIONS- - CITY OF GASTONIA TRAFFIC SIGNAL SYSTEMS OPERATIONS ENGINEER ORI EQUIVALENT EDUCATION AND EXPERIENCE Graduation from af four-year college or university with al majori in Civil Engineering anda minimum of 3 years of progressive transportation engineering experience; or an equivalent combination oft training and directly related experience int traffics signal Operations experience and knowledge ofITS concepts, data communications, and Outstanding planning and organizational skills. Excellent oral and written communications skills including the ability tor makep public presentations. Working knowledge oft the principles and practices oft traffic signalt timing and microcomputer applications oft traffic signal optimization software (e.g., Synchro 3.2, Working! knowledge ofA AUTOCAD or MICROSTATION: and PC-BASED programs including: MS Office (Word, Excel, Access, PowerPoint), GIS, and various software operations. computerized traffic signal systems equipment. PASSER-II, PASSER IV, TRANSYT 7F, NETSIM). programs fort traffic optimization andi traffic analysis. Regular NC driver's license required. ESSENTIAL DUTIES Plans, organizes, and directs the activities oft the computerized traffics signal system operation to ensure that all required functions, activities and tasks are performed in an Performs field investigations, collects and analyzes traffic data and Measures of Effectiveness (MOES), computes traffic parameters to refines signalt timing programs for optimum systems timinge efficiency and develops time-space diagrams. Develops and implements news signalt timing plans created by changes int trafficf flow patterns, land-use effective, efficient and timely manner. and population. Agreement ID# #6135 Page 24of28 EXHIBIT- ESSENTIAL DUTIES (CONT'D) Prepares andi installs timing plans (traffic responsive andt time-dkday/tayofweek, for all corridors; prepares andi implements special event timing plans; and prepares temporary Maintains system databases and modifies as necessary to allow for expansion; reviews and evaluates alls signalized intersections for phasing optimization; provides system data for anda assists with various traffics studies and analysis projects regarding the Provides assistance tot thet transportation operations staff in diagnostic and operational Interacts with and uses thei features oft thes signal system control software to develop and Manages thet traffic signal system operational functions including: operation oft the graphics monitoring databases; performing periodics schedule data backup; assures the periodici image and graphic backups are accomplished and safelys stored. Coordinates withi the Department on roadway construction projects, which affectt the traffic operations int the computerized traffics signal system. Develops andi implements temporary timing plans strategies for construction work zones, alternate routes, and Maintains daily controll logs, event logs, timing plan! ledgers and daily summary reports. timing plansi for failed detector locations. computerized traffics signal system. activities. modifyt timing plans using PC-based timing plans software. incident diversion routes. Agreement ID# #6135 Page 25 of28 EXHIBIT-s2 MUNICIPAL OPERATIONS AGREEMENT - SCHEDULED POSITION QUALIFICATIONS- - CITY OF GASTONIA TRAFFIC SIGNAL SYSTEMS SPECIALIST OR EQUIVALENT EDUCATION ANDI EXPERIENCE: Graduation from at two-year college or university and a minimum of1 year of experience int traffics signal operations; or ane equivalent combination ofe education and experience Knowledge oft traffic signal system operations, Intelligent Transportation Systems (ITS) devices, data communications and computerized traffic signal systems equipment. Working! knowledge oft the principles and practices oft traffic signalt timing and microcomputer applications oft traffics signal optimization software (e.g., MIST software Thorough knowledge of; abilityt top pay attention to detail andi respond to changes in Excellent planning and organizational skills. Excellent oral and written communications Working knowledge of AUTOCAD orl MICROSTATION and PC-BASED programs including MS Office (Word, Excel, Access, Powerpoint); GIS and various software directlyr relatedt tot traffics signal operations. system). conditions; abilityt to coordinate work with others. skills. Ability to maintain records. programs fort traffic optimization andt traffica analysis. Regular NC driver's license required. ESSENTIAL DUTIES: Monitors the operations oft the computerized traffics signal system operation on a daily basis to ensure that all required functions are performed ina ane effective, efficient and Installs new or revised timing plans (traffic responsive andi time- ofdaylday-ofweek) for corridors; implements speciale eventt timing plans and prepares temporaryt timing plans for failed detector locations through the use oft Traffic System software. timelyr manner. Agreement ID# #6135 Page 26 of28 EXHIBITP-s ESSENTIAL DUTIES (CONT'D) Monitors realt time trafic operations through videos sources tor reporti incidents and special eventi information tot the appropriate agencies (NCDOT, NC State Highway Patrol, Emergency Management, etc.) and the local Police and Fire departments. Performs traffic signals system operational functions including: maintaining the graphics monitoring databases; performing periodic schedule data backup; assures the periodic image and graphic! backups are accomplished and safely stored. Coordinates signal Coordinates with local TVs stations and webmasters assuring periodic image and graphic Maintains daily control logs, event logs, timing plan ledgers and daily summary reports. repair work with operations staff. are displayed and provided. Agreement ID# #6135 Page 27 of28 EXHIBIT-a i APPENDIX VI TRAFFIC SCHEDULE D- = COMPENSATION TABLE - CITY OF GASTONIA COMPUTERZEDTRAFHC: SIGNAL CONTROL SYSTEMI MUNICIPAL OPERATIONS AGREEMENTI ITEMIZATION ITEM Signal System Traffic Operations Data/DSL Line UNIT ANNUALRATE PERCENT (%)! QUANTITY PRO-RATAPERCENT PRO-RATEDCOST UTILIZATION (Appendixll) 90.9% 90.9% 90.9% 90.9% FIXEDA ANNUAL COSTS REIMBURSEMENT: SCHEDULE LS 72,280.00 100% LS $94.643.00 100% 1,079.88 100% LS $ 16.700.00 100% PERITEME REMPIESEMENTEPIENIE 1 1 $ 65,702.52 $86,030.49 $ 981.61 $ 15,180.30 LS TOTAL ANNUAL COST: $167,894.92 Perlr Incident Reimbursements shall consist of allo costs associated withr repairs and/or replacement ofa any equipment, software ands supplies usedt ton maintain operation ofCityo of Gastonia's Computerized Traffic Signal System ata pro ratas share of90.9%. Thisi includes equipment or software such as, butn notli limitedt to: Central Computer Hardware & Software (KVM switch, servers, workstations, laptops, printers, UPSS, traffic management: and communications software, etc.); Maintenance Equipment (test equipment, display boards andr monitors, laptop, etc.), Communications cable ande equipment (core switch, media converters, GPS clocks sync equipment, fibern modems, phonel lines, dialupr modems, serial multiporte equipment, routing switches, fiber interconnect centers, fiber patch panels, hub cabinets, ethernet cables, fibern materials ande equipment, network management TBD/ As Needed software, etc.); CCTVE Equipment (camera assemblies ando cabinets, encoders, decoders, master distribution amplifier, matrix bays, multiplexor, CCTVI intelligent keyboards, DVR, switches, monitors, etc.); Office supplies (faxn machine, printer repair and Note: Itemsi includedo ont this Scheduler may bea added or deletedt to thosea abovel byv writtenr request, signed! byaN Municipal Thel letters should bes senti ino quadruplicatet tot theD Division Engineer accompanied! by four copies ofther reviseds Schedule. Ifthel Representative. Division Engineera Controller, approves the! LPMO ther Contract news schedule, hev wills sign all copies as APPROVED; thenf forwardso onec copy oft thel letter ands Schedulet tot thel DOT beginningo oft ther next cyclef forr reimbursement TheD Department of Transportation: reserves ther rightt to verifyt thata alll functions arel being properly performed. Ifitis determined thata anya authorized operations functioni is noth supplies, paper, pens, pencils andn miscellaneous supplies). theb Officer, then Municipality, andr retains onef for Divisionf file. Ther new Schedulev will then become effective at listed operations reimbursementy willl ber reduceda accordingly. L.S. ATTEST being performed, the CITYOFGASTONIA MUNICIPAL REPRESENTATIVE NCDOTI DIVISION ENGINEER CLERK DATE_ DATE. (Date) Agreement ID! #6135 Page 28 of28 EXHIBITP-6S ACILITIES/MANAGEMENT COMMITTEE REPORT COUNCIL CONFERENCE ROOM TUISDAK,ARCHZ22m6 5:45P.M. AGENDA! ITEM ITEM1: Gastonia DISCUSSION: ACTION TAKEN: Michael Nolan, Gastonia Conference The Committee reviewed the Conference Center Center, provided the Committee with an monthly financials and Monthly Financials update. He stated that February was accepted this for information originally forecasted (in November) tol have purposes. a loss of $30,000, which ended up only being an actual loss of $7,000. Total revenue for April is forecast at $83,434 (highest month ever) with a projected net income of$ $21,000. March is looking likea net loss of $19,000, but some contributing factorsi include Easter and Spring Break. Mr. Nolan noted they have signed an agreement for a plant service inside the Conference Center for a more inviting feel, and will include weekly water and pruning of plants and poinsettias during the Christmas season. After doing inventory, new linens and skirting were also purchased. He stated that an inventory will be done on other items and will increase in small amounts as time goes. A quote to clean the carpet on the lower level came in higher than expected; Staffis going tryt to do Ar newi menu wasi introduced last week. The Convention Services' Team of Charlotte also came in for a visit and have also partnered with Visit Charlotte, who does regional sales works for hotels, convention centers, and other venues in general. They were very impressed with the facility calling it "the best kept secret in Gastonia". Upcoming bookings were discussed, along with ai new color brochure for the facility. It was further noted that the website is now providing people who are interested in the Center to fill out a form that will email The Committee suggested reaching out to surrounding areas such as, Lincoln County, Boiling Springs and Kings Mountain to further increase sales and usage. the work themselves. directly toi management. ITEMS: Other Matters Staff noted the Cityi is pursuing acquisition No Action: is required at this ofp property at 209 W. Fifth Avenue (water time; presented for tank property at] Loray Mill). informational purposes. Committee Members in Attendance: Chairman Dave Kirlin Councilman David) Humphries Mayor Pro Tem Todd Pierceall EXHIBIT 10-1 GASTONIA CONFERENCE CENTER Executive Summary for December 2015 Revenue Pick up, int ther month fort the month, pushed us to within $444 of budgeted revenue. The Sales Department Cost of goods continued to bel lowert than budgeti in! both food andl beverage. Operating thet facility has become more remains steadfasti int theire effortt to driver revenuei ini thei first quarter of2 2016. fluid, driving labor costs below budget as well. Through thet first 41 months of operating the conference center, therei isap positive neti income. Notable Groups Hosted [Totala attendees in December were: 1,283] Allen Tate Advanced Drainage Systems Centralina Downtown Merchants Association Gaston Association ofF Realtors Gaston HR Gastonia East Rotary Club Gastonial Rotary Club Gaston Association ofF Realtors Eaton Corporation Meeting Edward. Jones Moroch Gaston Regional Chamber / Professional Women's Association The month was highlighted with 3 rather significant events for the center. Centralina held their annual conference which generated: ar revenue ofj just over 10k. Advanced Drainage heldt their annual holiday party that brought inj just over $7500 inr revenue. Finally, there was a wedding reception that had a revenue ofj just over 14k. Notable Groups bookedi in December forf futurer months Gaston HR- - 2016r monthly meetings Edward. Jones- April Gaston Association ofF Realtors - 2016 meetings Gaston Association of Realtors- - Annual Gala &1 Instillation of Officers City of Gastonia Fire Department- - Annual Fireman's Ball EXHIBIT 10-2 Actual December 2015 Groups "In House" December: 1: December2 2: December: 3: December 4: December! 5: December: 7: December 8: December 10: December 14: December 15: December 17: December: 18: December 29: Allen Tate Sales Meeting Downtown Gastonia Merchants. Association Moroch/McDonald's: Co-Op Meeting Gastonia Conference Center Open House Centralina Annual Conference Edward. Jones Gaston Association of Realtors Advanced Drainage Systems Holiday Party Gastonia East Rotary Club Gaston Regional Chamber/PWA Luncheon Allen Tate Realtors Sales Meeting Eaton Corporation Meeting Edward. Jones Holiday Party Gastonia Rotary Club Gastonia East Rotary Club Allen Tate Realtors Sales Meeting Downtown Gastonia Merchants. Association Meeting Eaton Corporation Gaston HRI Luncheon Gastonial Rotary Club Gastonia Conference Center Sales Calls and Holiday Deliveries Elkin/McKoy' Wedding Reception Downtown Gastonia Merchants Association EXHIBIT 10-3 Final Statement ofl Income Gastonia Conference Center Forthe Six Periods Ending December 31,2015 01/15/1605:01 PM Periodt to Date Yeart to Date Actual % Budget Variance Last Year % Actual % Budget % Variance LastYear Revenues Catering Sales 0.0 Liquor Sales 0.0 Beer Sales 0.0 Wine Sales 0.0 Food Sales 0.0 Total Concessions 0.0 Beer Sales 0.0 Wine Sales 0.0 Food Sales 0.0 Total Other Revenue 0.0 Audio Visual Rentals 0.0 Cancellation! Fee 0.0 Pass Through Sales 0.0 Total Revenue Summary 0.0 Total Liquor Sales 0.0 TotalE Beer Sales 0.0 Total Wine Sales 0.0 Total Alcohol 0.0 Total Foods Sales 0.0 Total Revenue Cost of Goods Sold Food 0.0 Meat Cost of Goods 0.0 Dairy Costo of Goods 0.0 Fish Cost of Goods 0.0 Food COGS Alcohol 0.0 Liquor COGS 0.0 Beer COGS 0.0 Wine COGS 0.0 Total Alcohol COGS 259 0.9 940 4.2 (681) 2,700 9.7 940 4.2 1,760 2,956 10.6 470 2.1 2,486 21,994 78.8 20,000 89.5 1,994 27,910 100.0 22,350 100.0 5,560 0.0 50 4.5 0.0 50 4.5 69 0.0 1,000 90.9 (1,000) 0.0 1,100 100.0 (1,100) 250 2.4 1,600 10.4 (1,350) 0.0 120 1.1 600 3.9 (480) 0.0 480 3.1 (480) 10,156 96.5 12,750 82.6 (2,594) 10,526 100.0 15,430 100.0 (4,904) 259 0.7 940 2.4 (681) 2,700 7.0 990 2.5 1,710 2,956 7.7 520 1.3 2,436 5,915 15.4 2,450 6.3 3,465 21,994 57.2 21,000 54.0 994 10,526 27.4 15,430 39.7 (4,904) 38,436 100.0 38,880 100.0 (444) 2,091 1.9 3,216 3.3 (1,125) 5,061 4.7 3,919 4.1 1,142 6,225 5.7 3,138 3.3 3,087 95,223 87.7 86,024 89.3 9,199 108,601 100.0 96,297 100.0 12,304 0.0 150 4.5 (150) 0.0 150 4.5 (150) 0.0 3,000 90.9 (3,000) 0.0 3,300 100.0 (3,300) 2,410 3.8 5,350 7.8 (2,940) 3,309 5.2. 5,206 8.1 1,800 2.6 3,406 64,050 100.0 68,770 100.0 (4,720) 2,091 1.2 3,216 1.9 (1,125) 5,061 2.9 4,069 2.4 992 6,225 3.6 3,288 2.0 2,937 13,378 7.7 10,573 6.3 2,805 95,223 55.2 89,024 52.9 6,199 172,651 100.0 168,367 100.0 4,284 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 3,309 0.0 Pass Through Purchases (4,809) (7.5) 1,440 2.1 (6,249) 0.0 Banquet Room Rent Rev 57,934 90.5 60,180 87.5 (2,246) 0.0 Total Other Revenue 64,050 37.1 68,770 40.8 (4,720) 706 3.2 704 3.4 389 1.8 499 2,4 18 1,282 5.8 939 4.5 (343) 332 1.5 704 3.4 372 663 3.0 1,409 6.7 746 55 0,3 781 3.7 726 763 3.5 569 2.7 (194) 33 0.2 264 1.3 231 4,222 19.2 5,869 27.9 1,647 7.2 145 15.4 126 129 13.0 (131) 263 50.6 537 21.9 3,760 3.9 2,731 3.1 (1,029) 1,468 1.5 2,731 3.1 1,263 665 0.7 3,028 3.4 2,363 20,847 21.9 22,760 25.6 1,913 439 21.0 532 16.5 432 8.5 473 11.6 281 4.5 965 29.3 1,153 8.6 1,970 18.6 817 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 Poultry Costo of Goods 1,706 1.8 1,935 2.2 0.0 Produce Cost tofGoods 4,698 4.9 3,641 4.1 (1,057) 0.0 Groceries Cost of Goods 5,213 5.5 5,463 6.1 0.0 Bakery Costo of Goods 2,789 2.9 2,207 2.5 (582) 0.0 Beverage Cost of Goods 548 0.6 1,024 1.2 476 229 250 93 41 684 260 9.6 223 502 40 36 Final Statement ofinçome Gastonia Conference Center Fort the Six Periods Ending! December 31,2015 01/15/1605:01 PM Period to Date Year to Date Actual % Budget Variance Last Year % Actual % Budget % Variance Last Year Comp! Bar 4,724 16.9 6,406 27.3 1,682 33,713 87.7 32,474 83.5 1,239 0.0 Total Cost of Goods Sold 22,000 20.3 24,730 24.8 2,730 0.0 0.0 0.0 Gross Margin Payroll Administration 0.0 Salaries 0.0 0.0 Total Kitchen 0.0 Wages 0.0 Total Service 0.0 Temporary Services 0.0 Total Comp Catering 0.0 Wages 0.0 Overtime 0.0 Banquet Wages 0.0 Temporary Services 0.0 Labor Charges 0.0 Total 0.0 Total Payroll Taxes & Benefits 0.0 Employee Safety Program 0.0 Employee Relations Employee Benefits Employee! Meals Payroll Taxes 0.0 Vacation & Holidays 0.0 Total 150,651 87.3 143,637 85.3 7,014 16,942 44.1 17,167 44.2 225 1,128 2.9 1,454 3.7 326 18,071 47.0 18,621 47.9 550 1,032 2.7 2,620 6.7 1,588 1,032 2.7 2,620 6.7 1,588 55,942 32.4 63,457 37.7 7,515 2,608 1.5 4,774 2.8 2,166 58,550 33.9 68,231 40.5 9,681 2,757 1.6 8,037 4.8 5,280 2,757 1.6 8,037 4.8 5,280 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 56 0.1 56 0.1 0.0 (56) 0.0 (56) 454 0.3 454 0.3 0.0 (454) 0.0 (454) 4,514 11.7 1,400 3.6 (3,114) 92 0.2 0.0 6,988 18.0 6,988 0.0 600 1.5 600 (400) (1.0) (7,711) (20.1) (8,120) (20.9) (409) (3,506) (9.1) 868 2.2 4,374 15,653 40.7 22,109 56.9 6,456 0.0 50 0.2 0.0 50 0.2 0.0 25 0.1 72 0.3 100 0.3 28 324 1.4 972 3.2 648 2,179 9.2 3,630 12.1 1,451 0.0 333 1.1 333 521 2.2 749 2.5 228 3,096 8.1 5,909 15.2 2,813 18,749 48.8 28,018 72.1 9,269 23,472 61.1 34,424 88.5 10,952 24,929 14.4 9,336 5.5 (15,593) 1,036 0.6 0.0 20,964 12.5 20,964 0.0 1,800 1.1 1,800 (3,105) (1.8) (1,000) (0.6) 2,105 (11,594) (6.7) (1,933) (1.1) 9,661 50,167 29.1 74,335 44.2 24,168 0.0 150 0.1 0.0 150 0.1 0.0 75 0.1 535 0.6 501 0.5 8,348 9.6 12,684 11.8 4,336 0.0 999 0.9 999 11,922 6.9 20,193 12.0 8,271 84,089 48.7 119,258 70.8 35,169 0.0 (92) 0.0 400 0.0 (1,036) 0.0 Service Charges (34,453) (20.0) (33,033) (19.6) 1,420 50 50 25 150 150 75 (34) Health & Disability Insura 972 1.1 2,916 2.7 1,944 0.0 Worker's Compensation! 2,068 2.4 2,718 2.5 650 0.0 Total Payroll, Taxes &Be 62,089 36.0 94,528 56.1 32,439 0.0 Prime Cost Final Statement of Income Gastonia Conference Center Fort the Six Periods Ending December 31,2015 01/15/16 05:01 PM Period1 to Date Year to Date 0.0 654 380 371 300 300 113 933 300 Actual % Budget % Variance Last Year % Actual % Budget % Variance Last Year % Direct Expenses 0.0 Cash (Over)/Under 0.0 China, Glassware & Silver 0.0 Cleaning Supplies 0.0 Credit Card Fees 0.0 Equipment Rental Fuel8 & Firewood 0,0 Flowers & Decorations 0.0 Ice .0 Paper Smallwares Uniforms Marketing Expenses 0.0 Advertising 0.0 Promotions 0.0 Total Marketing Exp Administrativel Expenses 0.0 Bank Charges 0.0 Dues & Subscriptions .0 Oftice Supplies Computer Supplies Printing Recruiting Training U Travel-Local 0.0 Travel-Lodging& Ground 0.0 Travel-Meals 11 0.0 0.0 218 0.6 218 559 1.5 600 1.5 2,711 7.1 1,803 4.6 (908) 850 2.2 467 1.2 (383) 0.0 600 1.5 600 21 0.1 200 0.5 179 0.0 100 0.3 100 0.0 100 0.3 100 515 1.3 505 1.3 (10) 14 0.0 389 1.0 375 353 0.9 622 1.6 269 (21) (0.1) 175 0.5 196 0.0 100 0.3 100 5,014 13.0 5,879 15.1 865 0.0 1,333 3.4 1,333 26 0.1 1,333 3.4 1,307 157 0.4 125 0.3 (32) 0.0 100 0.3 00 53 0.1 170 0.4 117 0.0 50 0.1 71 0.2 90 0.2 64 0.2 100 0.3 258 0.7 0.0 25 0.1 503 1.3 150 0.4 (353) (524) (1.4) 72 0.2 654 1.7 810 2.1 156 5,694 14.8 8,022 20.6 2,328 9,270 24.1 (3,566) (9.2) 12,836 125 0.3 146 0.4 21 827 2.2 7,917 20.6 7,917 20.4 5,027 13.1 7,600 19.5 2,573 1,384 3.6 1,410 3.6 26 15,280 39.8 17,073 43.9 1,793 ($6,010) (15.6) ($20,639) (53.1) $14,629 0.0 (11) 41 (6) 0.0 0.0 654 0.4 2,402 1.4 2,782 1.7 2,460 1.4 1,503 0.9 (957) 0.0 1,800 1.1 1,800 341 0.2 712 0.4 0.0 300 0.2 0.0 300 0.2 812 0.5 1,745 1.0 169 0.1 567 0.3 398 0.0 300 0.2 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 Contract Fees8 & Service 12,402 7.2 8,318 4.9 (4,084) 0.0 Laundry Cleaning &Linen 2,821 1.6 2,934 1.7 Repairs & Maintenance 1,373 0.8 2,389 1.4 1,016 0.0 Total Direct Expenses 22,774 13.2 24,304 14.4 1,530 0.0 5,266 3.1 5,266 49 0.0 5,266 3.1 5,217 629 0.4 753 0.4 45 0.0 300 0.2 403 0.2 690 0.4 287 903 0.5 150 0.1 (753) 508 0.3 708 0.4 724 0,4 165 0.1 (559) 0.0 75 0.0 1,056 0.6 450 0.3 (606) 802 0.5 197 0.1 26 0.1 0.0 (26) 49 0.0 0.0 (49) 124 255 103 200 75 0.0 (802) 0.0 (197) 0.0 Postage, Freight& Expres 226 0.1 329 0.2 36 0.0 (258) 25 0.0 524 0.0 (72) 0.0 Total Administrativel Exp 5,494 3.2 3,620 2.2 (1,874) 0.0 Total Operating Expense 28,318 16.4 33,190 19.7 4,872 0.0 Total Operating Income 60,244 34.9 15,919 9.5 44,325 Other Expenses 0.0 Insurance-Liability 0.0 Licenses &1 Taxes 0.0 Utilities 560 0.3 607 0.4 994 0.6 250 0.1 (744) 17,761 10.3 28,800 17.1 11,039 47 0.0 (827) 0.0 Management Fees 31,667 18.3 31,668 18.8 0.0 Refurbishment Fees Accr 6,213 3.6 6,043 3.6 (170) 0.0 Total Other Expenses 57,195 33.1 67,368 40.0 10,173 0.0 Net! Income $3,050 1.8 ($51,449) (30.6) $54,499 Final Statement ofIncome Gastonia Conference Center Fort the Six Periods Ending! December 31,2015 01/15/1605:01 PM Periodto Date Year toDate Actual % Budget 3,567 3,893 (326) 36 966 869 96 161 92 Variance Last Year % (3,567) Actual % Budget % Variance Last Year Food! Inventory Turnover Current PeriodE Ending! Inv Previous Period Ending! In Change in Food Inventory Current Period Days ofFo Previous Period Days ofF Beverage Inventory Turnover Current Period Ending Inv Previous Period Ending In Changei in Beverage Inven Current Period Days of Be Previous Period Days ofB Total Overtime (966) 1,036 linaire Forecast Conf Center Catering Concessions TotalF Food Beverage- Catering Bev- Concessions Total Beverage Room Rental OtherF Revenue Revenue Summary Foods Sales Sales Revenue fGoods Sold AUG'15 0.0% .0% 0.0% 0.0% 0.0% 0.0% 0.0% 0.0% 0.0% 0.0% 0.0% 0.0% 0.0% 0.0% 00.0% 0.096 00.0% 0.0% 0.0%. 00.0% 12,017 27.89 15,073 00.0% (4,361) 10.1% 0.0% 00.0%_ 0.09 0.0% 6,232 0.0% 0.0% 0.0% 0.0% 0.0% 0.0% 0.0% 0.0% 0.0% 0.0% 0.0% 00.0% 359 11.1% 0.0% 00.0% 0.0% 0.0% 2,392 5.5% 5,881 14.3% 0.0% 0.0% 0.0% 0.0% 1,190 2.8% 0.0% 00.0% 21,365 49.4% 0.0% 0.0%_ -36.7% 17.1 41.7% 0.0% 0.0% 5,501 12.7% (18,6 45.3% 0.0% 0.0% 0.0% 0.0% 00.0% 0.0% 0.0% 00.0% 0.0% (1.059) 6.0% 0.0% 00.0% 0.0% 00.0% 0.0% 0.0% 00.0% 0.3% 0.0% 0.0% 0.0%. 0.0% 00.0% 0.0% 1,052 16.4% 0.0% 00.0% 0.096 3,641 19.5% 0.0% 0.0% 0.0% 0.0% 9,156 32.6% 14,014 49.4% 0.0% 0.0% 1,817 30.3% 0.0% 0.0% 1,333 100.0% 2,577 0.0% 0.1% 0.0% 0.0% 12,904 30.3% 13,857 30,4% 0.096 0.0% 11,292 754.8% 20,196 5259.3% 0.0% 260 1.6% 0.0% 4.7% OCT'15 19,876 100.0% 100.0% 100.0% 0.0% 0.0% 100.0%: 100.0% 40.3% 39.5% 1.3% 2.5% 39,518 DEC'15 JAN'16 FEB'16 8.6% 8.5% 0.0% 00.0% 22,024 50.9% 19,876 50.3% 31,129 60.5% 21,994 57.2% 0.0% 3,223 7.5% 3,021 7.6% 1,219 2.4% 5,915 15.4% 16,621 42.1% 19,121 37.2% 141 4.7% 0.0% 27.4% 151 12.4% 502 8.596 0.0% 0.0% 13,389 26.0% 18,071 47.0% 16,750 (1.927) (2,419) 6.3% 1,000 5.6% 3,096 8.1% 7,351 5,014 .0% 26 0.1% 1,333 1.7% 61.5% 29,166 75.9% 36,108 103.8% 38.5% 9,270 24.19 28.2% 29.0% 39.8% 3.4% 9.5% -15.6% 0.0% 00.0% 43,227 100.0% 39,518 100.0% 51,469 100.0% 38,436 100.0% 34,802 100.0% 43,777 0.0% 00.0% 4,391 10.2% 5,354 13.5% 7,532 14.6% 4,724 12.3% 6,349 18.2% 8,419 0.0% 0 0.0% 10,049 23.29 18,927 47.9% 14,364 27.9% 18,748 48.8% 21,750 62.5% 21,750 18.39 5,213 26.2% 7,381 23.7% 4.222 19.2% 5,950 28.0% 8,125 11.2% 0.0% 294 16,750 1,000 5.5% 3,532 8.9% 0.6% 19.4% .1% 13.3% 5,866 16.9% .5% 100.0% 46,930 537 7,214 537 .756 14.8% 810 2.1% 810 -9.3% 2,549 44.2% 53.5% (14.793 3,177 (911) - 10.0% 2,204 6,448 0.0% 0.0% 14.5% -20.9% Expenses ncome ales Sold 0.0% 00.0% 22,024 50.9% 21,000 51.1% 25,000 55.4% 21,000 54.0% 21,000 54.4% 25,800 0.0% 3,223 7.5% 2,450 6.0% 2,450 5,4% 2,450 6.3% 2,450 6.3% 2,450 17,980 41.6% 17,680 43.0% 17,680 39.2% 15,430 39.7% 15,180 .3% 18,680 0.0% 00.0% 43,227 100.0% 41,130 100.0% 45,130 100.0% 38,880 100.0% 0.0% 00.0% 4,031 18.3% 5,869 27.9% 6,991 28.0% 5,869 27.9% 5,869 27.9% 0.0% 00.09 4,390 10.2% 6,406 15.6% 7,528 16.7% 6,406 16.5% 6,406 16.6% 7,751 0.0% 00.0% 12,017 27.8% 18,714. 45.5% 18,879 41.8% 18,621 47.9% 18,610 48.2% 18,954 0.0% 00.0% (4,360) -10.19 3,488 8.5% 3,488 7.7% 3,488 90% 3,488 9.0% 3,488 0.0% 00.0% 10,049 23.2% 28,083 68.3% 28,378 62.9% 28,018 72.1% 27,800 72.0% 28,198 0.0% 6,233 14.4% 5,994 14.6% 6,198 13.7% 5,879 15.1% 5,866 15.2% 6,289 0.0% 0.0%" 21,862 50.6% 42,626 103.6% 45,514 100.9% 42,446 109.2% 42,215 109.3% 44,381 21.9% 537 21.9% 537 21.9% 0.0% 0.0% 0.0% 13.3% 5,909 15.2% 5,702 1.8% 810 2.1% -0.9% -9.2% 38.3% 43.9% -39.19 (20, 53.1% 5.6% 1,647 28.1% 71.9% 0.0% 0.1% 29.1% 194.7% -13.7% Total Expenses Marketing Expenses Income c/Exp" ncome Sales er Variance Sold Payroll Expenses keting Expenses nc/Exp ncome 0.0% 1,333 3.2% 2,600 5.8% 1,333 3.4% 1,333 3.5% 1,333 2.0% -3.6% 5.4% 6,129 24.5% 994 4.7% 254 1.2% 571 23.3% 231) 50.2% 3,465 141.4% 41 8.2% (4.903) -31.8% 3,53 23.3% (1,050) (5,280) 0.0% (1,612) -3.9% 6,339 14.0% (444) -1.1% (3,828) -9.9% (3,153) 0.0% 3,166 90.8% 5,415 155.2% 5,907 169.4% 2,488 71.3% 2,488 0.0% 2,349 39.9% 3,109 51.7% 2,813 47.6% 1,702 29.8% 1.756 11.2% 3.7% 0.0% 6.5% 138 .0% 3.0% 33.1% 6,050 14.7% 98.0% 19.3% 31.3% -360.0% 2,279 63.6% -10.5% 56.0% 35.1% 92.8% 0% 127.7% 14,629 -70.9% 5,845 -28.3% EXHIBIT 10-8 Culinaire Forecast Center MAR16 Food- TotalF Food Beverage- 100.0% 0.0% Total 00.0% Room 29.7% Total Food Sales Sales 3.2% Other 30.6% Total evenue 100.0% Sold cohol 21.0%6 Other 0.0% Total Payrol! Wages Total Expenses Direct Marketing Administrative TotalE Expenses Income Otherl Inc/Exp Income Revenue Food Sales AlcoholSales Others Sales TotalF CostofGoods Sold Food Other Total Payroll Wages Benefits Expenses Direct Marketing TotalE Expenses Operatingin Income Otherl IncExp-" Netincome Foods Sales Alcohol Others Total Revenue Variance -6.7% Costo ofGoods Sold Alcohol Other Total Payroll Salaries Wages Benefits Total Expenses Direct Marketing TotalE Expenses Other Inc/Exp Netincome Annual MAY'16 JUN16 100.0% 0.0% .0% 244, 100.0% 00.0% 0.0% 0.0% 0.0% 100.0% 100.0% 100.0% 35.6% 37.0% 34.3% 1.596 1.59 1.0% 45,930 APRI16 100.0% 00.0% 0.0% 33.2% 1.99 35.09 316 0.0% 0.0% 100.0% 0.09 100,0% 33.79 2.2% 66.2% 22,000 60.8% 25,800 57.4% 25,800 56.2% 25,800 59.1% 244,653 58.0%. 28.0% 6,150 28.0% 7,214 28.0% 7,214 28.0% 7,214 28.0% 62,714 25.6% 19.2% 6,465 17.9% 7,751 17.3% 7,751 16.9% 7,751 17.7% 66,487 15.8% 38.3% 16,750 46.3% 18,871 42.0% 18,913 41.2% 18,819 43.196 165,403 39.2% 2.3% 1,000 2.8% 3,488 7.8% 3,488 7.6% 3,488 8.0% 5,079 1.2% .1% 4,000 11.1% 5,436 12.1% 5,569 12.1% 5,451 12.5% 40,379 9.6% 49.7% 21,750 60.1% 27,795 61.9% 27,970 60.9% 27,758 63.5% 210,861 50.0% 13.4% 5,865 16.2% 6,187 13.8%. 6,238 13.6% 6,124 14.0% 58,924 14.0% 4.1% 2,450 5.5% 2,450 5.3% 2,450 5.6% 25,528 6.1% 6,680 37.19 17,680 38.5% 15,430 35.3% 151.767 36.0% ,930 100.0% 45,930 100.0% 43,680 100.0% 421,949 100.0% 21.0% 537 21.996 537 21.9%6 537 21.9% 3,773 14.8% 0.0% 0.0% 0.0% 0.0% 1,333 3.0% 1,333 2.9% 1,333 3.1% 1.9% 2.5% -36.6% 20.7% 2.2% 0.1% 47.8% 1.8% 2.3% 38.4% 810 1.8% 328 4.0% 37.7% 33.7% 810 1.9% 43.776 100.2% 354,673 84.1% -0.2% 67,276 15,9% -39.5% -39.7% 37.2% 100.1% 13,876 97.7% 44,102 55.0% 25,800 56.2% 25,800 57.4% 25,800 56.2% 25,800 59.1% 239,024 55.0% 5.2% 2,450 5.3% 2,450 5.5% 2,450 5.3% 2,450 5.6% 25,273 5.8% 39.8% 17,680 38.5% 16,680 37.19 17,680 38.5% 15,430 35.3% 170,100 39.2% 100.0% 45,930 100.0% 44,930 100.0% 45,930 100.0% 43,680 100.0% 434,397 100.0% 28.0% 7,214 28.0% 7,214 28.0% 7,214 28.0% 7,214 28.0% 64,699 27.1% 21.9% 537 21.9% 537 21.9% 537 21.9% 537 21.9% 5,192 20.5% 16.5% 7,751 16.9% 7,751 17.3% 7,751 16.9% 7,751 17.7% 69,891 16.19 40.4% 18,913 41.2% 18,871 42.0% 18,913 41.2% 18,819 43.1% 181,311 41.7%6 7.4% 3,488 7,6% 3,488 7.8% 3,488 7.6% 3,488 8.0% 27,032 6.2% 12.3% 5,769 12.6% 5,436 12.19 5,569 12.19 5,451 12.596 53,876 12.49 60.1% 28,170 61.3% 27,795 61.9% 27,970 60.9% 27,758 63.5% 262,219 60.4% 1.7% 1,333 2.9% 1,333 3.0% 1,333 2.9% 1,333 3.1% 13,264 3.1% 94.6% 4,302 96.5% 43,876 97.7% 44,102 96.0% 43,776 100.2% 415,100 95.6% 0.0% 0.0% 0.0% 0.0% 0.0% 0.0% 13.4% 6,238 13.6% 6,187 13.8% 5,4% ,628 3.5% 1,054 2.3% ,828 4.0% 13.6% 6,124 14.0% 61,246 14.1% 1.8% -37.7% (17.233) -39.5% -33.7% (17 0.09 0.0% 0.09 ) 0.0% 0.0% 0Ok 0.0% 0.0% 0.0% 0.0% 0.0% 0.0% 0.0% 0.0% 0.0% 0.096 810 1.8% -38.4% -36.1% 0.0% 0.096 0.09 0.0% 0.0% 0.0% 0.0% 0.0% 0.0% G0K 0.0% 0.0% 0.0% 0.0% 0.0% 1.9% 2.0% 0.2% 19,297 4.4% -39.3% -39.7% -34.9% 2.4% 1.0% -10.8% E E 0.0% (12,448) -2.9% 0 0.0% 3.19 27.3% 0s 1.419 0.0% 0.0% 404 4.9% 0.0% 15,908 8.8% BCs 21,953 13.497 E 0.0% 51,358 19.6% 0.0% 2,322 3.8% 0.0% 5,217 39.3% 0.0% -22.1% 0.0% 60,427 14.6% 0.0% 47,979 248.6% 0.0% 16,341 -9.6% 0.0% -42.4% 37.0% -31.5% 12.3% 42.9% 45.3% 0.0% 8.6% 11.6% 30.5% 22.9% 6.7% 37.7% 34,1% -38.8% 28.3% 21.2% 1,064 14.7% 41.3% 0.0% 16.6% 11.4% EXHIBIT 10-9 GASTONIA CONFERENCE CENTER Executive Summary for. January 2016 Revenue fort ther monthi fells short of budget by $4,132; current' YTDI revenue has ust to within $1,418 of budgeted Revenue. The Sales team continues tot focus theire efforts ons short term bookings to drive revenue ini the next 2r months, The snow storm on1 1/21 caused the postponement oft the Gaston Association Realtors Annual Gala byav week. This causedt thet food cost ofg goods tob bel higher than budget due tot thel loss ofs some perishable items. Through thet first 51 months of operating the conference center, therei isa a neti income loss of$ $15,6451 to a budgeted loss picku up" "int the month, for the month" remains strong. of$72,100. Notable Groups Hosted [Total attendeesi inJ January were: 1,575] Allen Tate, including Annual Awards Downtown Merchants Association Gaston HR Gastonia East Rotary Club Gastonia Rotary Club Edward. Jones Mary Kay North Carolina Bar Association Owen's Corning Gaston Association of Realtors, including their Annual Gala Similar tot the month! prior, therey were 3 significant events hostedi inJ January. Gaston Association ofF Realtors Annual Gala whichg generated: ar revenue ofj just over $6700 as wella ast two weddings that werej justs short of 12ki in revenue. Notable Groups bookedi inJ January fori futurer months City Council Retreat -2/6 Owens Coring-1/27-1/28 Owens Corning-2/3 CrisisA Assistance Fundraiser-2/6 McDonald's- GMF Rally 2/10 EDCLuncheon-2/1 EXHIBIT 10-10 Partners Behavioral Health-2/23 USFoods-4/12 Owens Corning-1/26-1/27 Lanz & Nason-2/9,4/12,8/9 Gastonia Conference Center, January 2016 Groups January2: Cheek/Morton Reception January 4: Gastonia East Rotary January 5: Allen Tate January 7: Edward. Jones January 8: North Carolina Bar Association January 9: Maryk Kay January 11: Gastonia East Rotary January 12: Downtown Gastonia Merchants Association January 14: North Carolina Bar Association January: 16: Johnson/McRae Wedding (Rehearsal) January 17: Johnson/McRae Wedding (Wedding and Reception) Gastonial Rotary North Carolina Bar Association Gastonial Rotary Club Allen Tate Annual Allen Tate Awards January: 19: Gaston HR January 21: Gastonia Rotary Club January 25: Gastonia East Rotary January 27: Owen's Corning January 28: Gastonia Rotary Club January 26: Downtown Gastonial Merchants Association Owen's Corning January 30: Gaston. Association of Realtors Annual Awards Banquet EXHIBIT 10-11 Final Statement ofl Income Gastonia Conference Center Fort thes Seven Periods Ending. vanuary31,2016 02/12/1602:10 PM Periodt to Date Year to Date Actual % Budget Variance Last Year % Actual % Budget Variance Last Year Revenues Catering Sales 0.0 Liquor Sales 0.0 Beer Sales 0.0 Wine Sales 0.0 Food Sales 0.0 Total Concessions 0.0 Beer Sales 0.0 Wine Sales 0.0 Food Sales 0.0 Total Other Revenue 0.0 Cancellation! Fee 0.0 Pass Through Sales 0.0 Total Revenue Summary 0.0 Total Liquor Sales 0.0 Total Beer Sales 0.0 Total Wine Sales 0.0 Total Alcohol. 0.0 TotalRevenue Cost of Goods Sold Food 0.0 Meat Cost of Goods 0.0 Dairy Cost of Goods 0.0 Fish Cost of Goods 0.0 Food COGS Alcohol 0.0 Liquor COGS 0.0 Beer COGS 0.0 Wine COGS 0.0 Total Alcohol COGS 0.4 940 4.2 (842) 439 2.0 940 4.2 (501) 1,025 4.7 470 2.1 555 20,318 92.9 20,000 89.5 318 21,880 100.0 22,350 100.0 (470) 2,190 1.7 4,156 3.5 (1,966) 5,500 4.2 4,859 4.1 7,250 5.6 3,608 3.0 3,642 115,541 88.6 106,024 89.4 9,517 130,481 100.0 118,647 100.0 11,834 0.0 200 4.5 (200) 0.0 200 4.5 (200) 0.0 4,000 90.9 (4,000) 0.0 4,400 100.0 (4,400) 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 641 0.0 0.0 50 4.5 (50) 50 4.5 (50) 0.0 1,000 90.9 (1,000) 0.0 1,100 100.0 (1,100) 0.0 1,600 10.5 (1,600) 0.0 2,150 19.5 600 4.0 1,550 (2,150) (19.5) 480 3.2 (2,630) 11,048 100.0 12,500 82.3 (1,452) 11,048 100.0 15,180 100.0 (4,132) 0.3 940 2.4 (842) 439 1.3 990 2.6 (551) 1,025 3.1 520 1.3 505 1,562 4.7 2,450 6.3 (888) 20,318 61.7 21,000 54.4 (682) 11,048 33.6 15,180 39.3 (4.132) 32,929 100.0 38,630 100.0 (5,701) 0.0 Audio Visual Rentals 2,410 3.2 6,950 8.3 (4,540) 0.0 Pass Through Purchases (6,959) (9.3) 1,920 2.3 (8,879) 0.0 Banquet Room Rent Rev 68,982 91.9 72,680 86.6 (3,698) 0.0 3,309 4.4 0.0 3,309 7,356 9.8 2,400 2.9 4,956 75,098 100.0 83,950 100.0 (8,852) 2,190 1.1 4,156 2.0 (1,966) 5,500 2.7 5,059 2.4 441 7,250 3.5 3,808 1.8 3,442 14,940 7.3 13,023 6.3 1,917 205,579 100.0 206,997 100.0 (1,418) 0.0 Total Food Sales 115,541 56.2 110,024 53.2 5,517 0.0 Total Other Revenue 75,098 36.5 83,950 40.6 (8,852) 1,529 75 704 3.4 (825) 367 1.8 499 2.4 132 2,562 12.6 939 4.5 (1,623) 397 2.0 704 3.4 307 1,049 5.2 1,409 6.7 360 (4) 0.0 781 3.7 785 779 3.8 569 2.7 (210) 122 0.6 264 1.3 142 6,801 33.5 5,869 27.9 (932) 160 162.6 145 15.4 (15) 22 4.9 129 13.0 107 90 8.8 263 50.6 173 271 17.4 537 21.9 266 5,290 4.6 3,435 3.1 (1,855) 1,865 1.6 3,435 3.1 1,570 661 0.6 3,809 3.5 3,148 27,648 23.9 28,629 26.0 981 599 27.4 677 16.3 454 8.3 602 11.9 371 5.1 1,228 32.2 1,424 9.5 2,507 19.3 1,083 0.0 Poultry Cost of Goods 2,073 1.8 2,434 2.2 0.0 Produce Cost of Goods 7,259 6.3 4,580 4.2 (2,679) 0.0 Groceries Cost of Goods 6,262 5.4 6,872 6.2 610 0.0 Bakery Costo of Goods 3,568 3.1 2,776 2.5 (792) 0.0 Beverage Costo of Goods 669 0.6 1,288 1.2 361 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 619 78 148 857 Final Statement of Income Gastonia Conference Center Fort the Seven Periods Ending. January31,2016 02/12/160 02:10 Periodto Date Year to Date Actual % Budget Variance Last Year % Actual % Budget % Variance Last Year Comp Bar 7,073 32.3 6,406 27.3 (667) 25,856 78.5 32,224 83.4 (6,368) 0.0 Total Cost of Goods Sold 29,073 22.3 31,136 25.3 2,063 0.0 0.0 0.0 Gross Margin Payroll Administration 0.0 Salaries 0.0 Bonus/Commission 0.0 Total Kitchen 0.0 Wages 0.0 Total Service 0.0 Temporary Services 0.0 Total Comp Catering 0.0 Wages 0.0 Overtime 0.0 Banquet' Wages 0.0 Temporary Services 0.0 Labor Charges 0.0 Total 0.0 Total Payroll Taxes & Benefits 0.0 Employee Safety Program 0.0 Employee Relations 0.0 Employee Benefits 0.0 Employee Meals 0.0 Payroll Taxes 0.0 Vacation & Holidays 0.0 Total 176,507 85.9 175,861 85.0 646 16,750 50.9 17,167 44.4 417 1,005 3.1 1,443 3.7 438 17,755 53.9 18,610 48.2 855 1,167 3.5 2,620 6.8 1,453 1,167 3.5 2,620 6.8 1,453 72,692 35.4 80,624 38.9 7,932 3,613 1.8 6,217 3.0 2,604 76,305 37.1 86,841 42.0 10,536 3,924 1.9 10,657 5.1 6,733 3,924 1.9 10,657 5.1 6,733 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 454 0.2 454 0.2 0.0 (454) 0.0 (454) 5,526 16.8 1,400 3.6 (4,126) 0.0 0.0 6,988 18.1 6,988 421 1,3 600 1.6 180 (500) (1.5) (6,847) (20.8) (8,120) (21.0) (1,273) (1,400) (4.3) 868 2.2 2,268 17,522 53.2 22,098 57,2 4,576 0.0 50 0.2 114 0.5 50 0.2 0.0 25 0.1 25 0.1 100 0.3 648 2.7 972 3.2 324 2,255 9.2 3,423 11.4 1,168 0.0 333 1.1 333 538 2.2 749 2.5 211 3,580 10.9 5,702 14.8 2,122 21,102 64.1 27,800 72.0 6,698 28,175 85.6 34,206 88.5 6,031 30,455 14.8 10,736 5.2 (19,719) 1,036 0.5 0.0 27,952 13.5 27,952 421 0.2 2,400 1.2 1,980 (3,605) (1.8) (1,000) (0.5) 2,605 (12,994) (6.3) (1,065) (0.5) 11,929 67,689 32.9 96,433 46.6 28,744 0.0 200 0.1 200 114 0.1 200 0.1 0.0 100 0.1 560 0.5 601 0.4 10,603 9.5 16,107 11.7 5,504 0.0 1,332 1.0 1,332 15,502 7.5 25,895 12.5 10,393 112,263 54.6 153,464 74.1 41,201 0.0 0.0 500 0.0 (4,036) 0.0 Service Charges (41,300) (20.1) (41,153) (19.9) 147 50 (64) 25 75 86 100 41 0.0 Health & Disability Insura 1,620 1.5 3,888 2.8 2,268 0.0 Worker's Compensation! 2,606 2.3 3,467 2.5 861 0.0 Total Payroll, Taxes &Be 83,191 40.5 122,328 59.1 39,137 0.0 Prime Cost Final Statement of Income Gastonia Conference Center Fort the Seven Periods Ending. January31,2016 02/12/1602:10 Period to! Date Variance Last Year % 0.0 10 Year to Date 0.0 16 494 Actual % Budget (10) 0.0 Actual % Budget % Variance Last Year % Direct Expenses 0.0 Cash (Over)/Under 0.0 China, Glassware & Silver Cleaning Supplies Credit Card Fees Equipment Rental Fuel& Firewood Flowers & Decorations Ice Paper Repairs & Smallwares 0.0 Uniforms Marketing Expenses 0.0 Advertising 0.0 Collateral 0.0 Promotions Administrative Expenses 0.0 Bank Charges 0.0 Computer Repairs 0.0 Dues & Subscriptions .0 Office Supplies Computer Supplies 0.0 Printing Recruiting Training 0.0 Travel-Local 0.0 Travel-Lodging & Ground 1,019 0.5 Travel-Meals (16) 0.0 0.0 872 0.4 872 2,888 1.4 3,382 1.6 2,460 1.2 1,967 1.0 (493) 0.0 2,400 1.2 2,400 379 0.2 912 0.4 533 0.0 400 0.2 0.0 400 0.2 999 0.5 2,131 1.0 1,132 1,349 0.7 3,007 1.5 1,658 455 0.2 742 0.4 287 0.0 400 0.2 400 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 218 0.6 218 487 1.5 600 1.6 113 2,649 8.0 1,803 4.7 (846) 0.0 464 1.2 464 0.0 600 1.6 600 37 0.1 200 0.5 163 0.0 100 0.3 100 0.0 100 0.3 100 824 2.5 502 1.3 (322) 187 0.6 386 1.0 199 (25) (0.1) 618 1.6 643 286 0.9 175 0.5 (111) 0.0 100 0.3 100 4,436 13.5 5,866 15.2 1,430 157 0.5 1,333 3.5 1,176 1,925 5.8 0.0 2,082 6.3 1,333 3.5 (749) 89 0.3 125 0.3 36 0.0 0.0 (9) 650 2.0 100 0.3 (550) 0.0 170 0.4 170 0.0 50 0.1 50 45 0.1 90 0.2 45 0.0 100 0.3 100 0.0 0.0 458 1.4 25 0.1 (433) 24 0.1 150 0.4 126 217 0.7 0.0 (217) 0.0 0.0 1,491 4.5 810 2.1 (681) 8,009 24.3 8,009 20.7 (3,255) (9.9) (3,585) (9.3) 330 107 0.3 146 0,4 39 550 1.7 7,917 24.0 7,917 20.5 5,673 17.2 7,600 19.7 1,927 1,193 3.6 1,403 3.6 210 15,440 46.9 17,066 44.2 1,626 ($18,694) (56.8) ($20,651) (53.5) $1,957 .0 Contract Fees& Service 15,052 7.3 10,121 4.9 (4,931) 400 400 Laundry Cleaning& Linen 3,645 1.8 3,436 1.7 (209) 0.0 Total Direct Expenses 27,210 13.2 30,170 14.6 2,960 157 0.1 6,599 3.2 6,442 1,925 0.9 49 0.0 0.0 (1,925) 0.0 0.0 (1,925) 0.0 (49) 161 0.0 (9) 457 0.0 Total Marketing Exp 2,131 1.0 6,599 3.2 4,468 717 0.3 878 0.4 9 0.0 695 0.3 400 0.2 (295) 403 0.2 860 0.4 903 0.4 200 0.1 (703) 508 0.2 808 0.4 300 724 0.4 165 0.1 (559) 458 0.2 100 0.0 (358) 1,080 0.5 600 0.3 (480) 197 0.1 0.0 Postage, Freight& Expres 272 0.1 419 0.2 147 0.0 (1,019) 0.0 (197) TotalA Administrative Exp 6,985 3.4 4,430 2.1 (2,555) Total Operating Expense 36,326 17.7 41,199 19.9 4,873 0.0 Total Operating Income 56,990 27.7 12,334 6.0 44,656 Other Expenses 0.0 Insurance-Liabiliy 0.0 Licenses &1 Taxes 0.0 Management Fees 0.0 Ulilities 667 0.3 753 0.4 1,544 0.8 250 0.1 (1,294) 39,583 19.3 39,585 19.1 23,434 11.4 36,400 17.6 12,966 86 40 0.0 (550) 0.0 Relurbishment Fees Accr 7,406 3.6 7,446 3.6 0.0 Total Other Expenses 72,634 35.3 84,434 40.8 11,800 0.0 Nét) Income. ($15,645) (7.6) ($72,100) (34.8) $56,455 Final Statement of income Gastonia Conference Center Fort thes Seven Periods Ending vanuary31,2016 02/12/1602:10 PM Periodt to Date Yeart to Date Budget % Variance LastYear Actual % Budget % Variance Last Year % Actual Food! Inventory Turnover Current PeriodE Ending Iny Previous Period Endinglr In Changei in Food Inventory Current! Period Days ofFO Previous Period! Days ofF Beverage Inventory" Turnover Current Period Ending Inv Previous PeriodE Endingln Change in Beverage Inven Current Period Days of Be Previous Period Days ofB Total Overtime 4,180 3,567 614 17 24 1,839 966 873 190 54 (4,180) (1,839) 1,036 Forecast cessions Food Beverage- Catering Bev- Concessions TotalB Beverage Room Rental Revenue Summary Sales Sales Other Sales Revenue Sold hol Nages Benefits Marketing nistrative TotalE Expenses Operatingl Income Otherl Inc/Exp venue Sales Sales Revenue Sold Payroll Wages Expenses Expenses Operatingl ncome Other nc/Exp*" oods Sales Other Sales evenue Variance Sold Payroll Expenses strative TotalE Expenses erating Income Otherl IncExp OCT'15 22,024 19,876 100. .0% 0.0%. 0.0% 0.0% 100.0% 0.0% 0.0% 100.0% 0.0% 0.0% 0.0% 0.09 0.0% 0.0% 100.0% 00.0% 0.0% 0.0% 40.3% 39.5% 0.0% 0.0%. 1.3% 2.5% 39,518 3,223 7.5% 3,021 7,6% GOK 0.0%_ 0.0% 0.0% 0.0% 0.0% 0.0% 11.2% 0.0% 0.0% 0.0% 0.0% (4,361) 10.1% 0.0% 0.0%_ 5.5% 0.0% 0.0% 6,232 14.4% 4,177 0.0% 0.0% 0.0% 0.0% 0.0% 49.4% 0.0% 0.0% .1% 0.0% 0.0%. 13.3% 0.0% 0.0% 0.0%_ 0.0% 0.0% 0.0% 0.0% 0.0% 2,392 5.5% 0.0% 0.0% 0.0% 6,233 14.4% 5,994 14.6% 0.0% 0.0% 0.0% 0.0% 0.0% 00.0% 21,365 49,4% 0.0% 00.0%_ (15,864) -36.7% 0.0% 00.0% 5,501 12.7% 0.0% 00.0% 0.0% 00.0% 0.0% 00.0% 0.0% 00.0%" 0.0% 00.0% 0.0% 00.0% 0.0% 00.0%_ 0.0% 00.0% 0.0% 00.0% 0.0% 00.0% 0.0% 00.0% 0.0% 00.09" 0.0% 00.0% 0.0% 0.0% 0.0%_ 0.0% 0.0% 0.0% DEC'15 JAN'16 100.0% 20,318 100.0% % 0.0% 00.0% 22,024 50.9% 19,876 50.3% 31,129 60.5% 21,994 57.4% 20,318 2.49 5,915 .4% 0.0% -3.7% (2,417). -6.3% 7,351 14.3% 5,014 13.1% 0.0% 4.6% 9.5% 16,621 42.1% 19,121 37.2% 10,406 27.2% 11.048 33.6% 0.0% 13,227 100.0% 39,518 100.0% 51,469 100.0% 38,315 100.0% 32,928 18.3% 5.213 26.2% 7,381 23.7% 141 4.7% 0.0% 0.8% 0,0% 2% 24.8% 19,812 38.5% 28.2% (14,913 29.0%. -3.4% 151. 12.4% 4,222 502 19.2% 8.5% 6,801 271 33.5% 17.3% 9,430 0.0% 0.0% 252 16,750 5,870 -9.9% 56.8% 0.0% , 0.0% 4,391 10.2% 5,354 13.5% 7,532 14.6% 4,724 12.3% 7,072 21.5% 9,682 0.0% 0.0% 12,017 27.8% 15,073 38.1% 13,389 26.0% 18,071 47.2% 17,755 53.9% 0.0% 0 0.0% 10,049 23.2% 18,927 47.9% 14,364 27.9% 18,750 48.9% 21,102 64.1% 21,750 8.9% (1,927) 5.6% 3,096 8.19 3,580 (233) 10.9% -0.7% 1,000 26 0.1% 2,082 6.3%. 1.7% 147 23.9% 39.9% -16.0% 50.6% 29,722 75.2% 31,657 61.5% 29,168 76.1% 36,183 1,491 109.9% 4.5% 0.0% 00.0% 22,024 50.9% 21,000 51.1% 25,000 55.4% 21,000 54.0% 21,000 54.4% 0.0% 00.0% 4,031 18.3% 5,869 27.9% 6,991 28.0% 5,869 27.9% 0.0% 00.0% 359 11.1% 537 21.9% 537 21.9% 537 21.9% 5,869 27.9% 0.0% 0 0.0% 4,390 10.2% 6,406 15.6% 7,528 16.7% 6,405 16.5% 6,406 0.0% 00.0% 12,017 27.8% 18,714 45.5% 18,879 41.8% 18,621 47.9% 18,610 48.2% 0.0% 0.0% (4,360) 10.1% 3,488 8.5% 3,488 7.7% 3,488 0.0% 3,223 7,5% 2,450 6.0% 2,450 5.4% 2,450 6.3% 2,450 6.3% 25,800 0.0% 43,227 100.0% 41,130 100.0% 45,130 100.0% 38,880 100.0% 38,630 100.0% 18,680 41.6% 17,680 43.0%6 17,680 39.2% 15,430 39.7% 15,180 39.3% 2,450 46,930 7,214 537 16.6% 7,751 18,954 3,488 0.0% 0.0% 14.39 310 2.0% -3.6% 41.7% 45.3% 73.7% 0.0% 0.0% 0.0% 537 3,488 13.3% 5,909 9.0% 15.2% 5,702 9.0% 14.8% 5,756 13.7% 5,879 15.1% 5,866 15.2% 38.3% (17,073 -43.9% -9.2% (3,585) 44.2% -9.3% 0.0% 10,049 23.2% 28,083 68.3% 28,378 62.9% 28,018 72.1% 27,800 72.0% 28,198 0.0% 21,862 50.6% 42,626 103.6% 45,514 100.9% 42,446 109.2% 42,215 109.3% 44,381 0.0% 1,333 3.2% 2,600 5.8% 1,333 3.4% 1,333 3.5% 6,289 2.8% 0.0% 0.0% -0.3% 0.0% 0.0% 1,052 16.4% 0.0% 0.0% 2,349 39.9% 0.0% 0.0% 1,817 30.3% 0.0% 1,333 100.0% 0.1% 4.7% 1.8% -0.9% 39.1% 386 71.9% 0.0% -0.1% 5,490 29.1% 194.7% 20,196 -5259.3% 12,713 356.5% -13.7% -127.7% 810 2.1% 810 2.1% 1,333 810 53,1% 4.7% 6.5% 26.3% 3.0% 14.7% 1,430 24.4% 1,307 98.0% 19.3% -10.5% 1,626 -9.5% -70.3% 1,956 -9.5% -53.5% (14.793 -3.2% 7,929 -15.9% (2.216) 266 0.0% 285 -10.4% (1,931) 2,204 0.0% (1,124) -5.4% 6,129 24.5% 571 23.39 (1,231) 50.2% 3,465 656 11.2% (390). -5.6% 1,647 28.1% 0.0% (1.059) -6.0% 1,441 8.2% ,024) 32.6% 4,132) 36.2% (1,250) 6,856) 0.0% (1,612) -3.9% 6,339 14.0% (565) -1.5% ,702) -14.8% (177) 0.0% 3,166 90.8% 5,415 155.2% 5,905 169.3% 3,721 106.7%6 2,488 0.0% 12,904 30.3% 13,857 30.4% 13,278 31.3% 6,032 14.3% 51.7% 2,813 47.6% 2.122 37.2% 1.756 32.6% 14,014 49.4% 9,268 33.1% 6,698 24.1% 6,448 56.0% -35.1% 92.8% -9.2% EXHIBIT 10-16 Culinaire Forecast Center 2015-16 Food- TotalF Food Beverage- Catering 100.0%: Bev- TotalE Beverage Room Rental Other Revenue Total Other TotalF Sold cohol Payroll Wages Benefits Total Expenses Direct Marketing Administrative TotalE Expenses Income c/Exp Revenue Sales Sales Sales Cost Sold 0.0% Payroll Salaries Wages Benefits Total Expenses Direct 13.4% 1.7% TotalE Expenses 94.6% Income 5.4% Otherl IncExp" 37.0% Income 31.5% Foods Sales 30.7% (3,800) 51.0% Other Sales Costo ofGoods Sold Nicohol 53.1% Other 0.0% Total 24.9% Payroll Salaries 11.6% ,163 Wages. 71.3% Benefits 30.5% 22.9% Expenses Direct 6.7% .0% Total Expenses NetIncome APR'16 MAY'16 JUN-16 Total 100.0% 100.0% 100.0% 0.0% 00.0% 31.0% 59.1% 272,899 60.4% 100.0% 0.0% 0.0% 1,360 38,523 E B 1.9% 11,035 2.4% -0.2% 94,218 20.8% -39.5% 39.7% 0.0% 100.0% 24.8% 34.3 1.0% 25,800 56.2% 100.0% 45,930 100.0% 43,680 100,0% .1% 0.0% 5.3% 2,450 5.6% 29,290 6.5% 38.5% 15,430 35.3% 149,736 33.1% 28.0% 6,150 28.0% 14,075 28.0% 7,214 28.0% 7,214 28.0% 71,731 26.3% 21.0% 315 21.09 1.415 21.0% 537 21.9% 537 21.9% 4,481 15.3% 20.7% 6,465 17.9% 15,490 21.0% 7,751 16.9% 7,751 17.7% 76,212 16.9% 35.8% 16,750 46.3% 16,750 22.7% 18,913 41.2% 18,819 43.1% 164,287 36.4% 0.0% 0.0% 2.19 1,000 2.8% 1,000 1.4% 3,488 7.6% 3,488 8.6% 4,000 11.1% 4,000 5.4% 5,569 12.1% 5,451 46.5% 4.4% 15.6% 60.1% 21,750 29.4% 27,970 60.9% 27,758 63.5% 204,170 45.2% 3.7% 1,333 1.8% 1,333 2.9% 1,333 3.1% 8,796 1.9% 100.1% 45,570 61.6% 14,102 96.0% 43,776 100.29 357,707 79.2% 12.6% 5,865 16.2% 6,187 8.4% 13.6% 6,124 14.0% 57,494 12.7% 2.2% -0.1% ,355 38.4% 41.5% 41.6% ,355 18.1% 1.1% 20.39 1.8% 28 -33.6% -12.8% 55.0% 25,800 56.2% 25,800 57.4% 25,800 56.2% 25,800 59.1%. 239,024 5.2% 2,450 5.39 2,450 5.5% 2,450 5.3% 2,450 5.6% 25,273 55.0% 5.8% 39.8% 17,680 38.5% 16,680 37,1% 7,680 38.5% 15,430 35.3% 170,100 39.2% 100.0% 45,930 100.0% 44,930 100.0% 45,930 100.0% 43,680 100.0% 434,397 100.0% 28.0% 7,214 28.0% 7,214 28.0%. 7,214 28.0% 7214 28.0% 64,699 27,1% 21.9% 537 21.9% 537 21.9% 537 21.9% 537 21.9% 5,192 20.5% 16.5% 7,751 16.9% 7,751 17.3% 7,751 16.9% 7,751 17.7% 69,891 16.1% 40.4% 18,913 41.2% 18,871 42.0% 18,913 41.2% 18,819 43.1%: 181,311 41.7% 7.4% 3,488 7.6% 3,488 7.8% 3,488 7.6% 3,488 8.0% 27,032 6.2% 12.3% 5.769 12.6% 5,436 12.1% 5,569 12.1% 5,451 12.5% 53,876 12.4% 60.1% 28,170 61.3% 27,795 61.9% 27,970 60.9% 27,758 63.5%: 262,219 60.4% 0.0% 0 0.0% 0.0% 0.0% 0.0% 13.6% 6,187 13.8% 6,238 13.6% 6,124 61,246 14.1% 810 1.9% 8,480 2.0% 95.6%. -0.2% 19,297 4.4% -39.59 39.3% -39.7% 34.9% 0.0% 33,875 14.2% 4,017 15.9% ass -12.0% 0.0% 17,528 4.0% 0.0% (7,032) 711 13.7% 0.0% Gs 0.0% -9.0% 0 0.0% 9.4% 0.0% 25,672 95.0% 0.0% 15,353 28.5% 0.0% 22.1% 0.0% 3,752 6.1% 0.0% 33.7% 0.0% 30.1% 0.0% 13.8% 0.0% 388.2% 0.0% 11.1% 0.0% -61.9% 2.9% 1,333 3.0% 1,333 2.9% 1,333 3.1% 13,264 3.1% 1.8% 43,876 97.7% 3.5% 37.796 3 34.19 36.1% 24,429 94.7% 950) -38.8% 4,300 175.5% 36.7% 5.000) 28.3% 266 1.6% 14.7% 6,861) 95.1% 163.5% 0.0% 16.69 99.8% 2,121 11.2% 2,488 71.3% 0.7% 26.4% 22.8% 21.7% 0.0% 3.9% 1.8% 96.0% 43,776 100.2% 4.0% -37,7% 33.7% 0.0% Bs 0.0% 0 0.0% O0N 0.0% 0.0% 0.096 0.0% 0.0% 0.0% 0.0% 0.0% 0.0% 0.0% 0.0% 0.0% Total Revenue Variance -0.4% (9,750) 21.2% 28,995 64.5% EXHIBIT 10-17 GASTONIA CONFERENCE CENTER Executive Summary for February: 2016 Revenue fort the monthi fells short of budget by $830. Current' YTDI Revenue has ust to within $2248 of Budgeted Revenue. The Sales team's focus ons short term bookings for the month, represented $26,400 oft the $46,753 in revenue fort the Cost off foods goods fort the month were lowert than budget, while alcohol cost of goods were slightly highert than budget. Through thei first 51 months of operating the conference center, therei isa a net income loss of $23,260 to al budgeted loss Repairs and Maintenance this month were $5915. Several repairs were made tot the HVAC system and maintenance was completed ont thep partitions thats separate the ballrooms. Flowers and Decorations were $342 this month and that charge will continue monthly, as a contract was negotiated for decorative plants andf flowerst to be placed alla aroundt the Conference Center. New Tables skirting was purchased ($2091)t to replenishi inventory and enhance the look ofthe month. of$86,893. conference tablest for buffets, registration tables ande exhibits. Notable Groups Hosted [Total attendees inF February were: 1,897] Allen Tate BB&T Cityo of Gastonia. Annual Firefighter'sBall Community Health Partners CrisisA Assistance Ministry Downtown Merchants Association Gaston Association ofF Realtors Gaston HR Gastonia East Rotary Club Gaston Regional Chamber PWA Gastonia Rotary Club Edward. Jones McDonald's North Carolina Bar Association Owen's Corning Partners Behavioral Health Management February held3 3: significant revenue producinge events- - McDonald's:$12,500, Crisis Ministry $7,000 and Gastonia Fire Department $3,500. Notable Groups booked inF February for futurer months EXHIBIT 10-18 BB&T-2016 quarterly meeting CVA-March3 Keep Gastonia Beautiful- May5 5 UNC School of Government- - Nov. 14-18 Honorable Ralph Gingles Jr. Foundation- - June 4 Publix Super Markets- April2 2016 Davis/White Wedding and Reception- - May 2017 Gastonia Conference Center,February: 2016 Groups February1 1: February2: February3: February4: February5 5: February6: February 8: February9: February 10: February11: February 16: February 18: February: 22: February2 23: February: 25: February 27: February 29: Gastonial East Rotary Gaston County Economic Development Gaston Regional Chamber PWA Community Health Partners Owens Corning McDonalds Edward. Jones NCI Bar Association Gastonia Rotary Club NCI Bar Association City of Gastonia, City Council Crisis Assistance Ministry Gastonia East Rotary Process Improvement Institute Downtown Gastonia Merchants. Association McDonalds Process Improvement Institute McDonalds Process Improvement Institute Owens Corning Gastonial Rotary Club Owens Corning BB&T Allen Tatel Realtors Gaston HRI Luncheon Gastonial Rotary Club Gastonia East Rotary Downtown Gastonial Merchants. Association Partners Behavioral Health Management Gastonia Rotary Club City of Gastonia Annual Firefighter's Ball Gastonia East Rotary Gaston Regional Chamber PWA EXHIBIT 10-19 Final Statement ofl Income Gastonia Conference Center Fort the Eight Periods Ending February: 29,2 2016 03/11/1602:55F PM PeriodtoD Date Budget Year to Date Budget % Variance LastYear % Actual Variance Last Year Actual Revenues Catering Sales 0.0 Liquor Sales 0.0 Beer Sales 0.0 Wine Sales 0.0 Food Sales 0.0 Total Concessions 0.0 Beer Sales 0.0 Wine Sales 0.0 Food Sales 0.0 Total Other Revenue 0,0 Audio Visual Rentals 7,680 8.9 8,550 8.3 (870) 0.0 Audio VisualF Purchases (5,120) (5.9) 0.0 Cancellation! Fee 0.0 Pass Through Sales 0.0 Pass Through Purchases (7,121) (8.2) 2,400 2.3 (9,521) 0.0 Banquet Room Rent Rev 80,166 92.8 88,680 86.4 (8,514) 0.0 Total Revenue Summary 0.0 Total Liquor Sales 0.0 Total Beer Sales 0.0 Total Wine Sales 0.0 Total Alcohol 0.0 Total Revenue Cost of Goods Sold Food Meat Costof Goods 0.0 Dairy Cost of Goods 0.0 Fish Cost of Goods 0.0 Food COGS Alcohol 0.0 Liquor COGS 0.0 Beer COGS 0.0 Wine COGS 233 0.7 940 3.5 (707) 846 2.4 940 3.5 (94) 898 2.6 470 1.7 428 32,789 94.3 24,800 91.3 7,989 34,766 100.0 27,150 100.0 7,616 2,423 1.5 5,096 3.5 (2,673) 6,346 3.8 5,799 4.0 547 8,148 4.9 4,078 2.8 4,070 148,330 89.8 130,824 89.7 17,506 165,247 100.0 145,797 100.0 19,450 0.0 250 4.5 (250) 0.0 250 4.5 (250) 0.0 5,000 90.9 (5,000) 0.0 5,500 100.0 (5,500) 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 50 4.5 0.0 50 4.5 E 0.0 1,000 90.9 (1,000) 0.0 1,100 100.0 (1,100) 5,270 46.5 1,600 8.6 3,670 (5,120) (45.2) 0.0 162 1.4 600 3.2 (438) (162) (1.4) 480 2.6 (642) 11,184 98.7 16,000 85.7 (4,816) 11,334 100.0 18,680 100.0 (7,346) 233 0.5 940 2.0 (707) 846 1.8 990 2.1 (144) 898 1.9 520 1.1 378 1,977 4.3 2,450 5.2 (473) 32,789 71.1 25,800 55.0 6,989 11,334 24.6 18,680 39.8 (7,346) 46,100 100.0 46,930 100.0 (830) 0.0 (5,120) 0.0 0.0 (5,120) 0.0 3,309 3,309 3.8 7,518 8.7 3,000 2.9 4,518 86,432 100.0 102,630 100.0 (16,198) 2,423 1.0 5,096 2.0 (2,673) 6,346 2.5 6,049 2.4 8,148 3.2 4,328 1.7 3,820 16,917 6.7 15,473 6.1 1,444 251,680 100.0 253,927 100.0 (2,248) 297 0.0 Total Foods Sales 148,330 58.9 135,824 53.5 12,506 0.0 Total Other Revenue 86,432 34.3 102,630 40.4 (16,198) 1,062 3.2 866 3.4 (196) 599 1.8 613 2.4 1,414 4.3 1,154 4.5 (260) 320 1.0 866 3.4 546 1,339 4.1 1,731 6.7 392 408 1.2 959 3.7 551 417 1.3 700 2.7 283 6,027 18.4 7,214 28.0 1,188 78 33.7 145 15.4 67 165 19.5 129 13.0 (36) 222 24.7 263 50.6 6,352 4.3 4,301 3.2 (2,051) 2,185 1.5 4,301 3.2 2,116 1,070 0.7 4,768 3.5 3,698 33,675 22.7 35,843 26.4 2,168 678 28.0 822 16.1 618 9.7 731 12.1 593 7.3 1,491 34.5 0.U 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 14 Poultry Cost of Goods 2,672 1.8 3,047 2.2 375 0.0 Produce Costo of Goods 8,674 5.8 5,734 4.2 (2,940) 0.0 Groceries Cost of Goods 7,601 5.1 8,603 6.3 1,002 0.0 Bakery Costo of Goods 3,985 2.7 3,476 2.6 (509) 0.0 Beverage Costo of Goods 1,136 0.8 1,613 1.2 467 325 1.3 (142) 477 144 113 898 41 Final Statement of Income Gastonia Conference Center Fort the Eight Periods Ending February 29, 2016 03/11/160 02:55F PM Periodto Date Year to Date Actual % Budget % Variance Last Year % 465 23.5 537 21.9 72 6,491 18.7 7,751 27.4 1,260 39,609 85.9 39,179 83.5 430 Actual % Budget Yo Variance Last) Year 1,889 11.2 3,044 19.7 1,155 0.0 Total Alcohol COGS Comp Bar 0.0 0.0 0.0 0.0 Total Cost of Goods Sold 35,564 21.5 38,887 25.7 3,323 0.0 Gross Margin Payroll Administration 0.0 Salaries 0.0 Bonus/Commission 0.0 Total Kitchen 0.0 Wages 0.0 Total Service 0.0 Temporary Services 0.0 Total Comp Catering 0.0 Wages 0.0 Overtime 0.0 Banquet Wages 0.0 Temporary Services 0.0 Labor Charges 0.0 Service Charges 0.0 Total 0.0 Total Payroll Taxes & Benefits 0.0 Employee! Safety Program 0.0 Employee Relations 0.0 Employee Benefits 0.0 Employee Meals Payroll Taxes Vacation& Holidays 0.0 Total 216,116 85.9 215,040 84.7 1,076 16,750 36.3 17,167 36.6 417 560 1.2 1,787 3.8 1,227 17,310 37.5 18,954 40.4 1,644 1,050 2.3 2,620 5.6 1,570 1,050 2.3 2,620 5.6 1,570 89,442 35.5 97,791 38.5 8,349 4,173 1.7 8,004 3.2 3,831 93,615 37.2 105,795 41.7 12,180 4,974 2.0 13,277 5.2 8,303 4,974 2.0 13,277 5.2 8,303 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 1,032 2.2 1,032 2.2 0.0 (1,032) 0.0 (1,032) 1,486 0.6 1,486 0.6 0.0 (1,486) 0.0 (1,486) 6,250 13.6 1,400 3.0 (4,850) 172 0.4 0.0 6,988 14.9 6,988 (421) (0.9) 600 1.3 1,021 (600) (1.3) (10,038) (21.8) (8,120) (17.3) 1,918 (4,636) (10.1) 868 1.8 5,504 14,757 32.0 22,442 47.8 7,685 36,705 14.6 12,136 4.8 (24,569) 1,208 0.5 0.0 34,940 13.8 34,940 0.0 3,000 1.2 3,000 (4,205) (1.7) (1,000) (0.4) 3,205 (51,338) (20.4) (49,273) (19.4) 2,065 (17,530) (7.0) (197) (0.1) 17,433 82,445 32.8 118,875 46.8 36,430 0.0 250 0.1 114 0.1 250 0.1 0.0 125 0.1 569 0.4 701 0.4 12,860 9.4 19,576 11.7 6,716 0.0 1,665 1.0 1,665 18,960 7.5 31,651 12.5 12,691 136,970 54.4 189,413 74.6 52,443 0.0 (172) 0.0 600 0.0 (1,208) 0.0 50 0.2 0.0 50 0.2 0.0 25 0.1 0.0 100 0.3 91 648 2.6 972 3.2 324 2,257 9.1 3,469 11.5 1,212 0.0 333 1.1 333 544 2.2 757 2.5 213 3,458 7.5 5,756 12.3 2,298 18,215 39.5 28,198 60.1 9,983 24,706 53.6 35,949 76.6 11,243 50 50 25 250 136 125 132 0.0 Health & Disability Insura 2,268 1.7 4,860 2.9 2,592 Worker's Compensation! 3,150 2.3 4,224 2.5 1,074 0.0 Total Payroll, Taxes &Be 101,406 40.3 150,526 59.3 49,120 0.0 Prime Cost Final Statement of Income Gastonia Conference Center Fort theE Eight Periods Ending February 29, 2016 03/11/1602:55 PM Period to Date Budget Year to Date Actual Variance Last Year Actual % Budget % Variance Last Year % Direct Expenses 0.0 Cash (Over)/Under 0.0 China, Glassware & Silver 0.0 Cleaning Supplies 0.0 Credit Card Fees 0.0 Equipment Rental 0.0 Fuel & Firewood 0.0 Flowers & Decorations 0.0 Guest Supplies 0.0 Ice 0.0 Paper 0.0 Smallwares 0.0 Uniforms Marketing Expenses 0.0 Advertising 0.0 Collateral 0.0 Promotions Administrative Expenses 0.0 Bank Charges Computer Repairs Dues & Subscriptions Office Supplies Computer Supplies Printing Recruiting Training 0.0 Travel-Local 0.0 Travel-Lodgingg Ground 1,238 0.5 0.0 Travel-Meals (1) 0.0 0.0 (17) 0.0 0.0 17 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 218 0.5 218 824 1.8 600 1.3 (224) 1,889 4.1 1,803 3.8 (86) 1,020 2.2 563 1.2 (457) 450 1,0 600 1.3 150 115 0.2 200 0.4 342 0.7 100 0.2 (242) 51 0.1 0.0 100 0.2 100 571 1.2 610 1.3 410 0.9 469 1.0 5,915 12.8 751 1.6 (5,164) 0.0 175 0.4 175 0.0 100 0.2 100 11,585 25.1 6,289 13.4 (5,296) 1,000 2.2 1,333 2.8 333 0.0 0.0 1,000 2.2 1,333 2.8 333 103 0.2 125 0.3 22 0.0 0.0 0.0 100 0.2 100 133 0.3. 170 0.4 37 0.0 50 0.1 50 71 0.2 90 0.2 19 0.0 100 0.2 100 0.0 0.0 0.0 25 0.1 25 0.0 150 0.3 150 219 0.5 0.0 (219) 67 0.1 0.0 (67) 592 1.3 810 1.7 218 13,177 28.6 8,432 18.0 (4,745) 8,217 17.8 2,549 5.4 5,668 147 0.3 173 0.4 0.0 7,917 17.2 7,917 16.9 6,084 13.2 7,600 16.2 1,516 1,684 3.7 1,652 3.5 (32) 15,832 34.3 17,342 37.0 1,510 0.0 1,090 0.4 1,090 3,712 1.5 3,982 1.6 270 3,479 1.4 2,530 1.0 (949) 450 0.2 3,000 1,2 2,550 493 0.2 1,112 0.4 342 0.1 500 0.2 51 0.0 0.0 500 0.2 1,409 0.6 2,600 1.0 1,191 455 0.2 917 0.4 462 0.0 500 0.2 0.0 Contract Fees8 & Service 16,940 6.7 11,924 4.7 (5,016) 85 0.0 (51) 39 59 619 158 0.0 (51) 500 0.0 Laundry Cleanings & Linen 4,216 1.7 4,046 1.6 (170) Repairs & Maintenance 7,264 2.9 3,758 1.5 (3,506) 0.0 Total Direct Expenses 38,795 15.4 36,459 14.4 (2,336) 500 1,157 0.5 7,932 3.1 6,775 1,925 0.8 49 0.0 0.0 0.0 0.0 (1,925) 0.0 (49) 183 0.0 (9) 494 0.0 Total Marketing Exp 3,131 1.2 7,932 3.1 4,801 820 0.3 1,003 0.4 9 0.0 695 0.3 500 0.2 (195) 536 0.2 1,030 0.4 903 0.4 250 0.1 (653) 508 0.2 908 0.4 400 724 0.3 165 0.1 (559) 458 0.2 125 0.0 (333) 1,080 0.4 750 0.3 (330) 264 0.1 Postage, Freight8 & Expres 342 0.1 509 0.2 167 0.0 (1,238) 0.0 (264) 0.0 Total Administrative Exp 7,578 3.0 5,240 2.1 (2,338) 0.0 Total Operating Expense 49,504 19.7 49,631 19.5 0.0 Total Operating Income 65,206 25.9 14,883 5.9 50,323 127 Other Expenses 0.0 Insurance-Liabilily 0.0 Licenses &1 Taxes 0.0 Management. Fees 0.0 Utilities 26 0.0 (1) 814 0.3 926 0.4 1,544 0.6 250 0.1 (1,294) 47,500 18.9 47,502 18.7 29,518 11.7 44,000 17.3 14,482 112 2 0.0 Refurbishment: Fees Accr 9,090 3.6 9,098 3.6 0.0 Total Other Expenses 88,467 35.2 101,776 40.1 13,309 Final Statement of Income Gastonia Conference Center Fort the Eight Periods Ending February 29, 2016 03/11/16 02:55 PM PeriodtoD Date Year to Date Actual % Budget % Variance Last Year % ($7,616) (16.5) ($14,793) (31.5) $7,177 Actual % Budget % Variance LastYear % ($23,260) (9.2) ($86,893) (34.2) $63,633 Netl Income FoodI Inventory Turnover Current Period Ending Inv Previous PeriodE Ending In Change in! Food Inventory Current Period Days ofFo Previous Period Days ofF Beverage Inventory Turnover Current Period Ending Inv Previous Period EndingIn Changei in Beverage Inven Current Period Days of Be Previous Period Days ofB Total Overlime 4,704 4,180 524 R 1,579 1,839 (260) 186 172 (4,704) (1,579) 1,208 Culinaire Forecast Conf 2015-16 Food Beverage- Catering Bev- Concessions TotalB Beverage RoomF Rental. Revenue Revenue ales Sales Sold AUG'15 OCT'15 22,024 0.0% 0.0% 100.0% 0.0% 100.0% 0.0% 0.0% 0.0% 0.0% 100.0% 0.0% 0.0% 40.3% 0.0% 0.0%. 1.3% 13.227 0.0% 00.0% 22,024 50.9% 19,876 50.3% 0.0% 0.0% 3,223 7.5% 3,021 7.6% 0.0% 0.0%_ 0.0%. 0.0% 43,227 0.0% 00.0% 4,031 18.3% 0.0% 00.0% 360 11.2% 0.0% 0.0%- 0.0%. 0.0% (4,361) -10.1% 0.0% 0.0% 0.0% 0.0% 0.0% 0.0% 0.0%_ 0.0% 0.0% 0.0% 0.0% 0.0% 0.0% 0.0% 00.0% NOV'15 DEC'15 JANI16 100.0% 0.0% 100.0% 0.0% 100.0% 39.5% 2.59 26.2% 4.7% 0.0% FEB'16 60.5% 2.49 5,915 23.7% 4,222 19.2% 6,801 33.5% 151 12.4% 502 8.59 0.0% 5.6% 3,096 8.1% 3,580 -0.7% 10.99 (2,555) 3,458 57,4% 20,318 61.7% 0.0% 271 0.0% 465 16.621 42.1% 9,121 37.2% 10,406 27.2% 1,048 33.6% 39,518 100.0% 51,469 100.0% 38,315 100.0%. 32,928 100.0% 17.3% 6,027 0.0% 0.0% 00.0% 4,391 10.2% 5,354. 13.5% 7,532 14.6% 4,724 12.3% 7,072 21.5% 6,492 0.0% 00.0% 12,017 27.8% 15,073 38.1% 13,389 26.0% 18,071 47,2% 17,755 53.9% 17,310 0.0% 0 0.0% 10,049 23.2% 18,927 47.9% 14,364 27.9% 18,750 48.9% 21,102 64.1% 18,213 0.8% (1,927) 3.7% (2.417) -6.3% (233) 5.5% 3,532 8.9% 0.0% 2.8% 36.1% 13.3% 0.0% 6,232 14.4% 4,177 10.6% 7,351 14.3% 5,014 13.1% 13.5% 9.9% 8,218 -56.8% rketing TotalE Expenses Operatinglr Income Otherl nc/Exp Budget Revenue Sales Sales Goods Sold Payroll laries Wages otal Expenses Direct ministrative Total Operatinglr Income Net! Other Sales otal Payroll rketing Expenses c/Exp ncome 0.0% 3.2% -28.2% -3.4% ,899 9.5% 0.0% 4.6% -29.0% 26 0.1% 2,082 6.3% 11,585 654 1.7% -16.0% 50.6% 29,722 75.2% 31,657 61.5% 29,168 76.1% 36,183 109.9% 37,882 49.4% ,796 24.8% 19,812 38.5% 9,147 23.9% 0.0% 00.0% 22,024 50.9% 21,000 51.1% 25,000 55.4% 21,000 54.0% 21,000 54.4% 0.0% 00.0% 3,223 7.5% 2,450 6.0% 2,450 5.4% 2,450 6.3% 2,450 6.3% 25,800 0.0% 0.0%_ 17,980 41.6% 17,680 43.0% 17,680 39.2% 15,430 39.7% 15,180 39.3% 18,680 2,450 0.0% 43,227 100.0% 41,130 100.0% 45,130 100.0% 38,880 100,0% 38,630 100.0% 46,930 0.0% 00.0% 4,031 18.3% 5,869 27.9% 6,991 28.0% 5,869 27.9% 0.0% 00.0% 359 11.1% 537 21.9% 537 21.9% 537 21.9% 5,869 27.9% 21.9% 0.0% 00.0% 4,390 10.2% 6,406 15.6% 7,528 16.7% 6,406 16.5% 6,406 16.6% 7,751 0.0% 00.0% 12,017 27.8% 18,714 45.5% 18,879 41.8% 18,621 47.9% 18,610 48.2% 18,954 0.0%. 00.09" 10,049 23.2% 28,083 68.3% 28,378 62.9% 28,018 72.1% 27,800 72.0% 28,198 7,214 0.0% 0.0% 0.0% 13.7% -0.9% 38.3% 39.1% 0.0% 537 0.0% 537 7.7% 3,488 9.0% 3,488 9.0% 3,488 5,909 15.2% 5,702 14.8% 5,756 15.1% 5,866 6,289 2.1% 810 2.1% 1,333 .2% 42,215 44,381 810 (3,585) -9.39 2,549 44.2% 53.1% -53.5% (14.793 4.7% -3.2% 6,989 -32.69 ,132) 27.2% 7.346) (473) -14.8% (830) (932) -15.9% 1,187 6.5% 49.5% 0.0% 72 286 0.0% -10.4% 1,259 3.0% 4.6% 1,644 14.7% 24.4% 1,307 98.0% 56.2% (5,296) -194.7% 19.3% -9.2% 5,669 -13.7% -127.7% 14,506 -70.3% -9.5% 7,179 0.0% 0.0% (4,360) -10.19 3,488 8.5% 0.0% 0.0%_ 2,392 5.5% 5,881 14.3% 0.0% 00.0% 6,233 14.4% 5,994 14.6% 0.0% 00.0% 5,501 12.7% (18,6 45.3% 0.0% 0.0% 0.0% 0.0%_ 0.0% 0.0% 0.0% 0.0% 0.0%_ 0.0% 00.0% 0.0% 00.0% 0.0% 0.0% 0.0% 00.0% 0.0% 00.09 0.0% 0.0% 0.0% 00.0% 0.0% 00.0% 00.0% 0.0% 00.0%_ 0.0% 0.0% 0.0% 00.0% 0.0% 0.0% 0.0% 0.0%. 0.0% 0.0% 0.0% 0.0% 0.0% 0.0% 1,333 3.2% 2,600 5.8% 1,333 3.4% 1,333 3.5% 2.8% 49.49 -36.7% 0.0% (1,124) -5.4% 6,129 24.5% 0.0% 571 23.3% (1,231) -50.2%: 3,465 141.4% 0.0% 1.059) -6.0% 1,441 8.2% 0.0% (1,612) -3.9% 6,339 14.0% 565) -1.5% 0.0% 656: 11.2% (390) -5.6% 1,647 28.1% -0.3% 73.7% 386 71.9% 0.0% 0.0% 0.0% ,052 16.4% - 0.0% 3,641 19.5% 5,490 29.1% 0.0% 1,817 30.3% 0.0% 1,333 100.0% 0.1% 0.0% -1.6% 4.7% 2.0% -3.6% 41.7% 0.0% 21,862 50.6% 42,626 103.6% 45,514 100.9% Variance , 0.0% 00.0% Sold 0.0% -0.1% 0.0% 3,166 90.8% 5,415 155.2% 5,905 169.3% 3.721 106.7% 6,043 0.0% 2,349 39.9% 3,109 51.7% 2,813 47.6% 2,122 37.2% 2.298 0.0% 9,156 32.6% 14,014 49.4% 9,268 33.1% 6,698 24.1% 0.0% 12,904 30.3% 13,857 30.4% 13,278 31.3% 6,032 14.3% ,499 56.0% 35.1% 92.8% -754.8% 20,196 -5259.3% 12,713 -356.5% -10.5% 1,626 -9.5% ,510 EXHIBIT 10-24 6s8o 69 85e o Se85eD 88.8 dee 8898 8s *8388 %e 8 388 9339493 3333 3993 3343 a 98o 283 393 88 t Sa a9s 338 B 9832 GEE Se 395 Ig I 8 ases Sit S B 885 a as5e o 3*8 e0 2833 oE 805 a 8N se a 899 BSE : LL Sa SAE Efiss Bi EBi 393 333888 B ia E H s SaR a s t dat Bjisss Ii Bi 1993 BBT Bs 3S 238 883a 880 B8 I B6 i Eal 6885685 888: ER5 8:8995 880 3383933 2292 As 9993 3939223 Bs IH 33 28888 5 3833