3.   Operations Committee, July 6, 2005 (any committee consent agenda item pulled for discussion will be discussed at the beginning of the committee discussion portion of the agenda, which is item G on this agenda) (Mrs. Robinson)

a.      Cary Signal System – Supplemental NCDOT Municipal Agreement (EN06‑001)
Committee unanimously recommended approval of a revision to the NCDOT Municipal Agreement related to Cary ’s traffic signal system.

In April 2003, Town Council approved a Municipal Agreement for the construction of the Cary Traffic Signal System project (ST1082).  In August 2003, Town Council approved a Supplemental Agreement that addressed the award of a $4.85 million grant in Federal Congestion Mitigation and Air Quality (CMAQ) funds. 

During the past several months, staff has been working with NCDOT and FHWA to finalize details of a new grant award from the FHWA for this project.  The FHWA, in accordance with the Transportation Equity Act for the 21^st Century (TEA-21) has appropriated a funding earmark in the amount of $689,266.  The award is based on changes to the scope of the project to incorporate a communications link from the Cary Traffic Management Center (TMC) to the Cary Police Department’s 911 Call Center.  This communications link will enable the sharing of real-time video and access to messages being displayed on Dynamic Message Signs (DMS) throughout Town.  This earmark will also be used to supplement construction funding for the DMS that will be used to broadcast AMBER Alert messages. 

NCDOT will administer distribution of these funds to the Town.  The Agreement stipulates that NCDOT will disburse 100% of the funds in one lump sum payment upon completion of the construction and acceptance of the project.

Fiscal Impact:

Operating Impact

There will be no long term operations or maintenance costs associated with the additional grant funding over and above those costs already associated with the current construction project.

Funding

This federal grant is a future reimbursement of monies that will be spent in FY06 from existing project funds.  The grant requires a 20% match ($275,706) that will be satisfied with existing non-federal project funds.

Staff Recommendation:  Staff recommends that the Town of Cary execute the attached Supplemental Municipal Agreement and Resolution with NCDOT and recognize the additional funding from FHWA in the amount of $689,266 into Project ST1082 and to appropriate $689,266 to the construction account (062-0000 -514.7510).

NORTH CAROLINA

WAKE COUNTY                                                             Revised

                                                                        4/14/05

NORTH CAROLINA DEPARTMENT OF

TRANSPORTATION                                          

SUPPLEMENTAL AGREEMENT

AND

                                                                                    WBS ELEMENT:

TOWN OF CARY

            THIS AGREEMENT, made and entered into this the ________day of ___________________, 20___, between the DEPARTMENT OF TRANSPORTATION, an agency of the State of North Carolina, hereinafter referred to as the Department, and the TOWN OF CARY, a municipal corporation, hereinafter referred to as the Municipality;

W I T N E S S E T H:

WHEREAS, the Department and the Municipality, on the 30th day of October, 2003, entered into an Agreement for the design and construction of a Centralized Traffic Signal System in Wake County; and,

WHEREAS, the Federal Highway Administration, in accordance with the Transportation Equity Act for the 21^st Century (TEA-21), Section 5208(g)(1), has appropriated funding in the amount of $689,266 to maximize the involvement of the Department for the specific Intelligent Transportation Systems (ITS) activities in the ITS program; and,

WHEREAS, the Municipality has been approved to receive additional federal assistance funding in an effort to aid in the design and construction of the Centralized Traffic Signal System in conjunction with Project U-3802; and,

WHEREAS, the Department has agreed to administer the disbursement of said funds on behalf of FHWA to the Municipality for the specific ITS activities in accordance with the project scope of work and in accordance with the provisions hereinafter set forth:

            WHEREAS, the Municipality shall utilize the federal funding assistance to provide for the intercommunication link between Department, the Town of Cary ATMS, Town of Cary Police Department and the State Highway Patrol as well as provide roadside devices to disseminate traveler information to enhance safety and efficiency for users of the Municipality’s transportation network funding.

WHEREAS, the parties hereto now wish to supplement the aforementioned Agreement whereby the following provision is amended to reflect an increase of $689,266.00 in the total estimated construction cost of the project; and,

            23.        Funding has been approved for this project as follows: The Department shall reimburse the Municipality to the extent of eighty percent (80%) of the approved eligible costs covered under this Agreement up to the maximum federal award of $689,266.00.  The Municipality shall provide at least twenty percent (20%) matching funds ($224,767.00). 

(A)                Upon completion of the project, the Municipality may bill the Department

for actual costs as herein stated by submitting an itemized invoice to the 5^th Division Engineer.  Proper supporting documentation shall accompany said invoice as may be required by the Department.  Reimbursement to the Municipality shall be made in one (1) lump sum payment upon approval of said invoice by the Department’s designated representative and the Financial Management Division.

(B)        In accordance with OMB Circular A-133, “Audits of States, Local Governments and Non-Profit Organizations” (www.whitehouse.gov/OMB/circulars/a133/a133.html), dated June 27, 2003 and the Federal Single Audit Act Amendments of 1996, the Municipality shall arrange for an independent financial and compliance audit of its fiscal operations.  The Municipality shall furnish the Department with a copy of the independent audit report within thirty (30) days of completion of the report, but not later than nine (9) months after the Municipality’s fiscal year ends. 

All other provisions shall remain the same.

            Except at hereinabove provided, the Agreement heretofore executed by the Department and the Municipality on the 30th day of October 2003, is ratified and affirmed as therein provided.

L.S.

ATTEST:                                                                       TOWN OF CARY

BY: _____________________                 BY: _________________________________

TITLE: __________________                  TITLE: ______________________________

This instrument has been pre-audited in the manner required by the Local Government Budget and Fiscal Control Act.

            MUNICIPAL SEAL

                                                                                    _______________________________                                                                                          Municipal Finance Officer

Federal Tax Identification Number:

                                                                                    _______________________________

                                                                        Town of Cary

                                                                                    Remittance Address:

                                                                                    ________________________________

                                                                                    ________________________________

                                                                                    ________________________________

                                                                                    DEPARTMENT OF TRANSPORTATION

                                                                         BY: _________________________________

                                                                        STATE HIGHWAY ADMINISTRATOR

APPROVED AS TO FORM

BY:______________________________

      ASSISTANT ATTORNEY GENERAL

COPY OF A RESOLUTION PASSED BY THE TOWN COUNCIL

OF THE TOWN OF CARY , NORTH CAROLINA

            A motion was made by ______________________________ and seconded by ______________________ for the adoption of the following Resolution, and upon being put to a vote was duly adopted:

            WHEREAS, the North Carolina Department of Transportation and the Municipality agreed on the 30th day of October, 2003 to design and construct a centralized traffic signal system in the Town of Cary; and,

WHEREAS, the Municipality has been approved to receive additional Federal assistance funding in an effort to aid in the design and construction of the Centralized Traffic Signal System.

WHEREAS, the Department and the Municipality now wish to amend the Agreement to reflect an increase in additional federal funds in an amount not to exceed $689,266.

            NOW, THEREFORE, BE IT RESOLVED that said project is hereby formally approved by the Town Council of the Town of Cary and that the Mayor and Clerk of this Municipality are hereby empowered to sign and execute the agreement with the Department of Transportation.

ACTION: Mayor Pro Tem Smith moved to approve the consent agenda; Ms. Dorrel provided the second; council granted unanimous approval.

(Resolution is also on file in the town clerk’s office.)

_________________________

b.      Recognition of Additional Developer Funding for Davis Drive Widening (EN06‑002)
Committee unanimously recommended that a payment of $3,652 from the developers of Morrisville Market and a payment of $12,510 from the developers of Davis Commons be recognized and appropriated to the Davis Drive Widening Project (ST1047).

The developers of Morrisville Market and Davis Commons have requested that the Town of Cary provide specific additional items of work to the current Davis Drive project (ST1047) to accommodate their proposed development.  The developers have submitted the funds for this additional work.     

The Morrisville Market development, the Davis Commons development and the Davis Drive widening project each are required to provide specific traffic signal improvements.  Coordinating this work with the current Davis Drive Widening project (ST1047) will help minimize the project costs to the Town of Cary as well as minimize construction time by eliminating potential conflicts between different Contractors that may have been involved in the construction of the proposed improvements.

The Morrisville Market developers have previously made three similar requests. Each of those requests was approved by Town Council.  This request includes all of the traffic signal work shared by the proposed Morrisville Market and Davis Commons developments.

Fiscal Impact:  There are no fiscal impacts for this item because all costs to the Town are being reimbursed.

Staff Recommendation:  Staff recommends recognizing a payment of $3,652 from the developers of Morrisville Market and $12,510 from the developers of Davis Commons ( KEP Morrisville Realty LLC) for appropriation into the Davis Drive Project (ST1047).

ACTION: Mayor Pro Tem Smith moved to approve the consent agenda; Ms. Dorrel provided the second; council granted unanimous approval.

_________________________

c.      Conveyance of Easements to Progress Energy (EN06-003)
Committee unanimously recommended approval of a request by Progress Energy for easements on Town-owned property.

The Town has received a request by Progress Energy to convey easements on four town-owned parcels in western Wake County .  These easements are needed by Progress Energy for its Green Level to RTP 115 kV transmission line.  The line will run from an existing substation adjacent to the Cary/Apex Water Treatment Facility to a substation in the Research Triangle Park and will abut and parallel the western right of way of I-540 as it traverses western Wake County .  In preparation for the design of this line, Progress Energy adhered to a request by the Planning Department to follow the I-540 corridor when feasible to lessen the impact of this transmission line as much as possible.  With the exception of the treatment plant property, the I-540 corridor will be to the east of the proposed Progress Energy (PE) alignment as shown.

The parcels and the proposed alignment and corresponding easements are on file with the official minutes in the town clerk's office.

Progress Energy has had appraisals made on these easement areas and the total compensation to the Town will be $656,450. 

Staff is recommending that the Town Council approve conveying all of these easements to Progress Energy and execute the required deeds with the exception of the easement at the water treatment facility.  Staff is continuing to work with Progress Energy with this alignment in order to minimize the impact of the transmission line to the existing septic drain field located on this property.  Staff hopes to have this resolved in the next several months and once a suitable alignment has been determined the easement deed will be submitted for execution by the Mayor.  The Town will receive compensation for the easement on Parcel 2 once the final alignment has been resolved.

Fiscal Impact:  There will be a net increase in revenue to the Town of over $600,000 by approval of this staff report.

Staff Recommendation:  Staff recommends that the Operations Committee approve this staff report and forward to the Town Council for concurrence and approval.

ACTION: Mayor Pro Tem Smith moved to approve the consent agenda; Ms. Dorrel provided the second; council granted unanimous approval.

_________________________

d.      Bid Award – 2005 Traffic Signal Construction Projects (EN06-004)
Committee unanimously recommended bid award for the construction of traffic signal improvements and new traffic signals at six intersections in Cary to low bidder Fulcher Electric of Fayetteville for $196,330.16.

The Town received bids for the construction of the proposed 2005 Traffic Signal Construction Projects on Thursday, June 23, 2005 . The entire project consists of installing two new traffic signals and installing upgrades at four other signalized intersections in Town.  Specific improvements and locations are shown in the table below: 

The Engineer’s estimated cost for this project was $217,800. The bids received for this project have been tabulated below.

Fiscal Impact:

Operating Impact

The traffic and pedestrian signals installed via the projects detailed in this staff report will be added to the inventory of signals maintained by the Town of Cary .  Each signal carries with it a maintenance and repair cost.  As the Town has only recently taken over the function of traffic signal operation and maintenance, it is currently difficult to estimate these costs.  Staff will closely monitor operating and maintenance expenditures for traffic signals over the course of the next year and work to devise average estimates of these costs based on FY 2006 experience.

Funding

Funding for the construction of this project will be provided by various budgeted Capital Improvements Projects.

ST1068 (FY01 Traffic Signalization) will provide funds for the Cary Parkway/Lake Pine and Harrison/Harrison Pointe signal revisions.  Signal installations at these locations will cost approximately $33,500 total.  ST1068 currently has an available balance of $660,930.  This balance is comprised of Unrestricted Revenue funding.  Any funds remaining after the installation of these signals will be available for other Town Council approved traffic signalization needs.

ST1109 (FY03 Sidewalk Improvements) will provide funds for the signal revisions at the Harrison/Chapel Hill and Cary Parkway/Seabrook intersections.  Each of these initiatives involves the installation of pedestrian signals and crosswalks which will allow those using sidewalks in the area to cross these intersections and continue along the sidewalk.  Pedestrian signal installation and related pavement markings for these locations are estimated to cost $15,000 total.  ST1109 currently has an available balance of $216,190.  Funds remaining after the installation of the pedestrian signals and crosswalks will remain available for appropriation to other Town Council sidewalk and sidewalk related projects.

ST1090 (Regency Parkway Turn Lanes) will provide the funding for the new signal at the Regency/Ederlee intersection.  Installation of this signal will cost approximately $90,000.  ST1090 currently has an available balance of $591,659.  Funds remaining after the signal installation will be directed toward remaining work related to the Regency Parkway Turn Lane project.

ST1085 (McCrimmon Parkway Improvements) will provide funds for the new signal on NC55 at McCrimmon Parkway .  Installation of this signal will cost approximately $57,830.  ST1085 currently has an available balance of $2,966,929.  Funds remaining after the signal installation will be directed toward remaining work related to the McCrimmon Parkway Improvements project.

Staff anticipates completion of all expenditures for all six locations within FY06, with the possible exception of the new traffic signal installation on NC55 at McCrimmon Parkway .

Staff Recommendation:  Staff Recommends that low bidder Fulcher Electric of Fayetteville be awarded the construction contract for the 2005 Traffic Signal Construction Projects for the bid amount of $196,330.16.  Staff also recommends approval of the funding mechanism outlined in the Fiscal Impact portion of this staff report.

ACTION: Mayor Pro Tem Smith moved to approve the consent agenda; Ms. Dorrel provided the second; council granted unanimous approval.

_________________________

e.      Bid Award – NC 54/Chapel Hill Road and NE. Maynard Road Left Turn Lane Widening Construction Projects (EN06-006)
Committee unanimously recommended bid award for the construction of the NC 54/Chapel Hill Road Widening and NE Maynard Road left turn lane to low bidder REA Contracting, LLC for $3,941,960.12.

On Thursday, June 23, 2005 Staff received bids for the widening of NC 54/Chapel Hill Road from Reedy Creek Road to Trinity Road (ST 1029) and adding NE Maynard Road dual left turn lanes (ST 1089).  The project includes widening the existing 2/3-lane sections of NC 54/Chapel Hill Road to a 4-lane median-divided facility with curb and gutter, sidewalk and 4-foot striped bicycle lanes on both sides. The project also includes improvements at the NE Maynard Road intersection to allow for traffic signal upgrades and widening for dual left turn lanes from NE Maynard Road , eastbound, onto N.C. 54/Chapel Hill Road.  This work is scheduled to start in late August and be completed by December 2006.  The engineer’s estimate for this project was $4,351,715.75.  The bid tabulations are shown below.

Fiscal Impact:

Operating Impact

The portions of NC 54/Chapel Hill Road and NE Maynard Road discussed in this staff report are state owned and state maintained.  The Town of Cary is not responsible for their maintenance.  However, the Town of Cary does provide street sweeping and median maintenance for these roadways.  Town of Cary Public Works and Utilities staff believe that maintenance costs associated with these projects can be absorbed within existing resources.

Funding

Funding for the construction of these projects will be provided by budgeted Capital Improvements Projects ST1029 and ST1089.

ST 1029 (Chapel Hill Road Widening–Phase I) currently has a balance of $4,521,678 and will provide funding for the construction and inspections/materials testing for the NC 54/Chapel Hill Road widening portion of this work.  Any balance remaining in ST1029 when this segment of work is complete will be used to fund remaining aspects of the project.

ST 1089 (NE Maynard at Chapel Hill Road–Dual Turning Lanes) currently has a balance of $250,000 and will provide funding for the construction and inspections/materials testing for the NE Maynard Road widening portion of this work.  The $250,000 in Vehicle License Fee funds budgeted should cover the work associated with the NE Maynard at Chapel Hill Road–Dual Turn Lanes project leaving little to no available balance.  Any remaining balance that might exist will be returned to General Capital Reserve fund balance at the close of FY 2006.

Staff Recommendation:  Staff recommends that REA Contracting, LLC be awarded the NC 54/Chapel Hill Road and NE Maynard Road Left Turn Lane Widening Construction Contract for $3,941,960.12.  Staff also recommends approval of the funding mechanisms outlined in the Fiscal Impact portion of this staff report.

ACTION: Mayor Pro Tem Smith moved to approve the consent agenda; Ms. Dorrel provided the second; council granted unanimous approval.

_________________________

f.       Bid Award – 2005 Street Improvements Project (EN06-008)
Committee unanimously recommended bid award for the construction of the 2005 Street Improvements Project to low bidder Asphalt Experts, Inc. for $494,700.

In April of 2005, Town Council approved a priority of streets, recommended by staff, to be upgraded as part of the 2005 Street Improvements Project.  Based on available funding and preliminary cost estimates, staff recommended that 21 street segments totaling 2.25 miles be included as part of the 2005 Street Improvements Project.

On Thursday, June 23, 2005 , staff received bids for construction of the 2005 Street Improvements project.  The work is scheduled to start in September and last 60 days with a completion date in November.  The bid tabulations are shown below:

Fiscal Impact:

Operating Impact

The resurfacing of streets generally has a positive operating impact by reducing the amount and frequency of pothole repair required on the resurfaced roadways.  There will be no additional costs at the completion of this project.  Existing resources currently consumed by repairing the streets approved for repaving will be re-directed to other streets in need of repair.

Funding

Funding for construction will utilize existing allocated funds for the FY05 Street Improvements project (ST1134).  ST1134, with a budget of $500,000 in Powell Bill funding, has a current available balance of $498,686.  Should the low bid of $494,700 be awarded, the estimated remaining balance in ST1134 would be $3,986.  If these remaining funds are not required for other repaving needs during FY 2006, the project will be closed in June 2006 and remaining funds will return to General Capital Reserve fund balance where they will become available for future Transportation appropriations to be approved by Town Council.

Staff Recommendation:  Staff recommends that Asphalt Experts, Inc. be awarded the 2005 Street Improvements contract for the amount of $494,700.  Staff also recommends approval of the funding mechanism outlined in the Fiscal Impact portion of this staff report.