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7:00 pm

FINANCE COMMITTEE

APRIL 3, 2019
Aldermanic Chamber

ROLL CALL

PUBLIC COMMENT

COMMUNICATIONS

From:

Re:

From:

Re:

From:

Re:

From:

Re:

Dan Kooken, Purchasing Manager
Contract Award of Transit Service Operations (Value $10,945,301)
Department: 186, Transportation; Fund: Grant

Dan Kooken, Purchasing Manager
Pump Station Upgrades Project — Phase 1 Construction Engineering Services (Value: $409,900)
Department: 169, Wastewater; Fund: SRF Loan

Dan Kooken, Purchasing Manager
Pump Station Upgrades Project - Phase 1 Construction Services (Value: $3,469,550)
Department: 169, Wastewater; Fund: SRF Loan

Dan Kooken, Purchasing Manager
Purchase of One (1) Fairbanks Brand Pump from Hayes Pump (Value: $29,511)
Department: 169, Wastewater; Fund: Wastewater

UNFINISHED BUSINESS — None

NEW BUSINESS — None

RECORD OF EXPENDITURES

GENERAL DISCUSSION

PUBLIC COMMENT

REMARKS BY THE ALDERMEN

POSSIBLE NON-PUBLIC SESSION

ADJOURNMENT

THE CITY OF NASHUA “The Cate City’

Financial Services

Purchasing Department

March 28, 2019
Memo #19-139

TO: MAYOR DONCHESS
FINANCE COMMITTEE

SUBJECT: CONTRACT AWARD OF TRANSIT SERVICE OPERATIONS (VALUE $10,945,301)
DEPARTMENT: 186 TRANSPORTATION; FUND: GRANT

Please see attached communication from Camille Pattison, Transportation Manager, dated March 22,
2019 for information related to this contract award.

Pursuant to § 5-78 Major purchases (greater than $10,000) A. All supplies and contractual services,
except as otherwise provided herein, when the estimated cost thereof shall exceed $10,000 shall be
purchased by formal, written contract from the lowest responsible bidder, after due notice inviting bids.

The Transportation Manager and the Purchasing Department recommend the award of this contract to
First Transit, Inc. of Cincinnati, OH in an amount of $10,945,301.

Respectfully, »

oy Me
Ct 7. Chee

Purchasing Manager

Ce: C. Pattison J. Graziano

229 Main Street.e Nashua, New Hampshire 03061 * Phone (603) 589-3330 e Fax (603) 589-3233

® Community Development 589-3095
City of Nashua Planning and Zoning 589-3090

. sone Building Safety 589-3080
Community Development Division Code Enforcement 589-3100
City Hall, 229 Main Street, PO Box 2019 Con Programs mission ceteatee
Nashua, New Hampshire 03061-2019 Transportation 880-0100
www.nashuanh.gov FAX 589-3119

Date: March 22, 2019
To: Jim Donchess, Mayor
From: Camille Pattison, Transportation Manager

Re: Finance Committee - CONTRACT AWARD TRANSIT SERVICE OPERATIONS

The City of Nashua, Transportation Department is seeking approval to enter into a five year
contract for Transit operations with the option to extend for up to three (3) years at one (1) year
intervals. An option to extend will be presumed exercised unless either party notifies the other in
writing at least nine (9) months prior to the end of the then-current contract year (July 1 — June 30)
of its intent not to extend.

The City solicited Request for Proposals (RFP’s) from vendors experienced in fixed and paratransit
operations. Seven (7) firms were solicited and information for bidders was posted on the City’s
web-site under reference document RFP0153-111618. A total of two (2) qualified proposals were
received and opened on November 16, 2018.

After receiving the bids, both companies were interviewed and references were checked. After
initial discussions, the City updated its insurance language and requested revised cost summaries
from both companies. Listed below are the summarized costs for the five year contract period:

First Transit — Cincinnati OH $10,945,301
Ride Right LLC — St. Louis MO $12,013,079

After reviewing both of these, the City entered into negotiations with First Transit and requested
their Best and Final Offer. They submitted a letter dated 3/21/19 stating that the revised pricing as
shown above was their best and final offer. This letter and pricing is attached. The city used a team
approach to interview and review the proposals. The Division of Community Development,
Transportation Department and this Office recommend awarding the contract in the sum of
$10,945,301 over the five year contract to First Transit. The Transportation Department finds First
Transit is a responsive and responsible contractor.

TRANSIT CONTRACTING AGREEMENT
BETWEEN
THE CITY OF NASHUA
AND

FIRST TRANSIT

JULY 1, 2019 — JUNE 30, 2024

eNO aA FON >

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Contractor Service ........ceecceccecsceeescecseessescaeessuserscseccseecseecsseessesessvesscueestecsusseresuseesecsauvensevsusessstsntteress 1
COMMENCEMENT ANC TOL... .cecececcceecccesscessessetenseenuecssesseecaecssecesnseuesuessessesaecenesrasesescaseesueeeenecvereearees 1
SCOPE Of SEPViCSS ..... ce cecscccssccsssecesesecccseecsseeeesaeeceueecesecesaenseeeecsuecueauscauevesseseasevsunseessssssaseuersnescanessreres 1
Scope of Services of General Manager/Transit Clerk .......0..c0ccccccccscesscsscesecseecsesessvessesssessasecatevsseensvaars 2
COMPENSATION 02... ceeeecccecessseesecesseessecssecessecsecessecceeeanecanecasesusecsnsestecsesuessasseuecsuvsassversecssesenspensuaevenseacss 3
Uniforms/ApPe@arance ........eccecccececcesseeeseesseceeeeneeseeseesseeseesseseusaasssesascaecsecsasssasarenssusesauverecsueveeterterenavass 4
EMployer Status .......eccecceccececcceseeceesseeseeceeseeeesesseeceeeseeaeecsteseesaesuecaecseesecssesaneeusessesesauscrevsussessrsnenvervenseaed 4
Labor Provisions ..........cccccccccccccceseceseceeeeesseceeeesses sau caaecseesseecssessaseesesesecaeceassestecsuseratseeseuuevessversesserstarees 5
Transit Employee Protective Provisions ...........:cccccesccccesssssssseecssescesecsecsseesscsecsasesscaneneseatcosseseeereessenseareas 5
Drug and AICONO! POLICY... eee eesecesceeseescessseeeseecssccseceseceseecssessesessecarcceutearevineseaestesensevsieteiesensssness 6
PLIVACY oe. eeeeceesesecseecceecceeceeeceeeeeeesseecasessseseeessaecseecssecssecsseecarecsesseessassatssenstesssesasessvensvvsneecsseveneenstertens 6
Non-DIisScrimination .........ceeececesecceeceeeceseeceeetsseventesauseseessecssecseccseseresusecsuecsasecarsestecseecsasecrevsieverssees 6
Materials. Equipment and Facilities ............cccccccccssccsccssecesecsseeeesecsesseessaesarcerseesseceussasessaneeeseverevetanees 8
Control Of Service ooo... ee cecceccccscesceneteeeesececessecsecaeecneenseusessaeseaceucsecsaseeesaeveucerueaesaescrseauesesterevsesarennearss 8
Routing, Service and Fare ...........cccccccccssseeecsesseeeseceneeuccsasccecensesecanevevenueessnuteeestunstesesauineseccutesecsats 8
Charter oceeseeccececceeen svesesssesseneeesassnsusenseenuesanvaseseesesnsvusannesseessuuseesessssesisisannsnssersssessuianennaseeenee 8
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PAYMEMES «0... see cecececececeeecenecesaeeeeeceaeeeseesaeessasesaueses sees csaeesesesesauseasecsesaussensesansentecateuseusentscersverteteenees 9
RECOPS 0... ce ccecceceesecsceseereeneesseeseneceaeecaeeeaeeeeeeeeseecses sees easesaeessecaecaeesasegeassesseensseanveneaseneventeserevstesnees 9
Employer Fidelity Bond ..........ccceccccsceeecceseeceseeeceteneseneeenucsuecseecaescasesaseasessaeceascensccauecareseanecauecueensearees 9
IMSUPANCE occ ceeccecee cece cecceeeeesecessaaeesueesaeecsuseecsueeccssecssasecsssasuutesuarsesueseaesecseuevntscsasessucsesanesusnevsess 9
Waivers Of Subrogation, «22.0... cccccccccccsscccssseeessecesseecessesssaeecsneesnsrecseesessecusanevensueussesenseesensuvevsneveseress 10
HACE NUFICATION eee ceceecceecececsceesaeesaeesuesaescsscesscesaeccaeesecegesestceassesecueseussaussesuseauccasvsessseateceseatevats 10
Environmental Resource Conservation and Energy Requirement ..........0...ccccccccssecesseereserenseees 10
FOrCE Majeure... eee ccc ecceeceeteeereeveeeeeeseeeecaeecaeesaeeseeeeseesanessascaeessecsseesseesseccatecreserteentecsrersinents 11
Interest of Members of or Delegates to CONGreSS .......ccccccesssscseseseesesesessecevaveveececevevsvevsssesecevecanees 11
Federal Participation. Laws. Regulations. and ASSIStance...........ccccccccccscssecssessensseessessesstesetsetaneate 11
No Government ObIgation «2.2.0... ccccccscecssccssccsseceseceseccseecsuecsuevstseseseseessreceuatsutassuasseestsneevsausaeeranesss 12
Program Fraud and False or Fraudulent Statements or Related Acts. ......0..0ccccescesceseesseeees 12
Entire AQre@me nt... cc ceccescecsseseneseneeceeceeeeesneceeeceseecseesseesausssecssecsesesseecaeecssseaesessesstsusseeenetensvenseats 12
Continuing Effect oo... eee cceccscecsceceeeceeeeseecseeesseesseesecsseccseccseecansesessasesuucesssestecatesuevssessusevteseesaeess 13
SOVEPADIIY oe eee eee ceeceeeeeeeeeetaeeceecaecseesaeesecneeseeseeeaessu sss saucaecaecsaesecsessavcanvesscsseasesssvaseavenevaees 13
TOPMination oo. eececeeseeeeeeecsneeseeceeeeesecuseesseeevseesaascsaeeaeecaaecsesesuecsusssesseuesseeasseseneautverstenservevneraees 13
CAPtion........eccccceccecsscecsceesseeesssuececseeceseeecsuaescesecccsusesseescasseseaseseseuvesscusesescnsssvsssscaseusaseeuenaeeseurevsstersass 14
WAIVED 0... eeccecceeeecececcecaceessceeecacenesscecessecessesesessecessusessesesstesussesesseceeneusneescessesensesesseteaseseuseeecseeseretens 14
GOVErNING LAW... cece ceeceeeceeeecseeseeeceeecssevssesenevsseesseecseecsscesseseusesseessccanecerecsussussessevansssnsesesenevennees 14
Resolution of Disputes. Breaches and other Litigation ..........00.c. ccc ccccccesescessceeseessereeeceeeeeneeeesees 14

38. NOES ooo eee eeeceecececeeveeeceaneceeeeesneecaaeecaeeesseesaaesaeesesseesssaesesaeevessuecsuesecsaeeccsuesesseecsaessastesesesensee 15
39. Rights and REMECICS 00.2... cecececceeseeecceeeeceeeeeeseeeseeeeeauscssevsuscsaessasessecssaecessceeesseecseecseecsaeaaesseses 15
40. Incorporation Of FTA Terim.........ccccccccccccccsscececsneceeecseeeessceeeessseeeesecsaeececeaeeecesiseecesscasescsisesevenvases 15
APPENDIX A CERTIFICATION OF PRIMARY PARTICIPANT - DEBARMENT ..............cccccceesccesreeeeees 1
APPENDIX B CERTIFICATION OF RESTRICTIONS ON LOBBYING .........ccccccccccecccccscesseeeecseeesseenteess 2
APPENDIX C CITY OF NASHUA RESPONSIBILITIES 2... .cccccccccccssecesseeeeneeseesescsseeesseesseeeesenecssesenseees 3
APPENDIX D CONTRACTOR RESPONSIBILITIES .......c.cccccccsscccssceseseecsseeeceseeeesseessenesssteserseeetsesneneseness 4

TRANSIT CONTRACTING AGREEMENT
BETWEEN
THE CITY OF NASHUA NH
AND

FIRST TRANSIT

THIS AGREEMENT is made and entered into by and between the City of Nashua, (CITY) and FIRST
TRANSIT ("CONTRACTOR'") as of

WITNESSETH

WHEREAS, the CITY is desirous of obtaining a qualified transit contracting company for the operation
of the City of Nashua Fixed Route & Paratransit Services, (“FRPS”); and

WHEREAS, the CONTRACTOR is desirous of providing such operational services;

NOW, THEREFORE, in consideration of the foregoing recitals and covenants and agreements of each
of the parties herein set forth, the parties do agree as follows:

1. Contractor Services

The CITY does hereby engage and retain the CONTRACTOR to operate its FRPS, pursuant to this
Agreement and per the conditions set forth herein.

2. Commencement and Term

This Agreement shall become effective on July 1, 2019 and shall remain in effect until June 30, 2024
with the option to extend for up to three (3) years at one (1) year intervals. An option to extend will be
presumed exercised unless either party notifies the other in writing at least nine (9) months prior to the end
of the then-current contract year (July 1 — June 30) of its intent not to extend.

3. Scope of Services
The CONTRACTOR shall directly operate the FRPS.

The CONTRACTOR will ensure the delivery of the highest quality FRPS. Such service delivery shall
comply with all applicable local, state and federal ordinances, laws and regulations.

Delivery of quality operations/supervisory. service by CONTRACTOR shall include employment,
supervision, and management of at least the following positions: General Manager, Operations Safety
Manager, Transit Clerk to staff the Transit Center, and all dispatchers and operators.

The CONTRACTOR shail ensure that FRPS are not missed due to personnel deficiencies. Operations
management shall include, but not necessarily be limited to, adequate personnel to maintain quality
service, on-going training of bus operators and staff, and adequate supervisory staffing.

—_
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STANDARD OF CARE.

CONTRACTOR shall be responsible for the quality, accuracy, timely completion, and coordination of
all work performed under this Agreement. CONTRACTOR warrants that all work shall be performed
with the degree of skill, care, diligence, and sound practices and judgment that are normally
exercised by recognized firms with respect to services of a similar nature. It shall be the duty of
CONTRACTOR to assure at its own expense that all work is technically sound and in conformance
with all applicable federal, state, and local laws, statutes, regulations, ordinances, orders, or other
requirements. Any approval by the CITY of any services furnished or used by CONTRACTOR shall
not in any way relieve CONTRACTOR of the responsibility for professional and technical accuracy and
adequacy of its work. CITY review, approval, or acceptance of, or payment for any of
CONTRACTOR'S work under this Agreement shall not operate as a waiver of any of the CITY'S
rights or causes of action under this Agreement, and CONTRACTOR shall be and remain liable in
accordance with the terms of the contract and applicable law.

4, Scope of Services of General Manaqger/Transit Clerk

In consideration of the compensation hereinafter provided for in this Agreement, CONTRACTOR does
hereby agree to furnish to the CITY all operational services reasonably required and necessary for the
efficient operation of the FRPS, pursuant to this Agreement and per the conditions set forth herein.

The CONTRACTOR shall employ and furnish a full-time qualified General Manager who shall be
responsible for the operation of the FRPS for CONTRACTOR and who will serve on-site at the Nashua
Transit Center. The General Manager will be approved by the CITY's Community Development Division
Director upon recommendation of the CITY’s Transportation Department Manager The General
Manager will be an employee of CONTRACTOR and CONTRACTOR'S fee will include the salary and
related expenses of the General Manager. The CITY’s Transportation Department Manager shall
review all services rendered by the General Manager.

The General Manager shall maintain operators' records pertinent to the FRPS. The General Manager
shall render and certify to the CITY’S Transportation Department Manager full and complete monthly
reports in a format agreed to by the CITY'S Transportation Department Manager. The CONTRACTOR,
through the General Manager, shall from time to time, or at the request of the CITY, make
recommendations to the CITY regarding the FRPS fare structure, service levels, route planning, service
modifications, extensions or retractions, organization, administration, personnel level and assignments,
major service improvements, and other matters related to transit operations and policies. The General
Manager will assist, prepare, and/or submit assorted Federal, State, or locally required documents,
including but not limited to, Triennial Review, TIP Capital plans, permits, audits, etc. Please see Appendix
C which outlines the CONTRACTOR'S and the CITY'S responsibilities. Notwithstanding the above,
CONTRACTOR shail not be responsible for filing on behalf of CITY any state, federal, local or regulatory
reports.

The CITY can withdraw approval of the General Manager at any time. The CONTRACTOR will have
ninety (90) days from the receipt of the notice of "Withdrawal of Approval" of the General Manager, to
furnish a qualified successor General Manager acceptable to the CITY. Failure of the CONTRACTOR
to provide a qualified replacement will constitute a default of the agreement under Paragraph 33.

The General Manager's position shall not remain vacant for more than fourteen (14) consecutive
calendar days. If necessary, the CONTRACTOR shall temporarily staff until permanent replacement is
found. A temporary individual shall meet all the minimum qualifications required of the permanent
position. As soon as possible, resumes and qualifications of all proposed candidates shall be
submitted for review, and the CITY shall have the opportunity to conduct interviews locally. All
expenses related to this process shall be the responsibility of the CONTRACTOR.

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The CONTRACTOR shall employ a Transit Clerk. The Transit Clerk shall be on site at the Transit
Center from 8:00 a.m. until 5:00 p.m. (with one hour for lunch) Monday through Friday. Transit Cierk
shall sell CITY bus passes and/or tickets, shall provide customer service to passengers at the Transit
Center and shall answer phones at the Transit Center to answer questions related to the bus
schedules or to take paratransit reservations.

The CONTRACTOR shail also employ during the terms of this Agreement various other personnel, as
reasonably required for the operation of the FRPS. The cost and compensation payable to all
personnel shall be the obligation of the CONTRACTOR as an operating expense of the FRPS.
CONTRACTOR shail be responsible for hiring and discharging personnel employed by CONTRACTOR
to perform its obligations hereunder; provided, however, that CITY shall have the right to request
CONTRACTOR to remove from service to the CITY any employee who, in CITY's sole discretion, is
deemed unsuitable for the performance of transportation services for CITY; and provided, further, that
CITY shail make such request in writing, state the reasons therefore, and that such request does not
violate applicable local, state and federal laws and regulations.

The General Manager and his or her staff shall conduct the day-to-day operations of the FRPS,
including but not limited to matters relating to labor relations, transportation, safety & security and road
supervision. The CITY shall provide an on-site office for the General an office for the Operations
Safety Manager at the Nashua Transit Administration building located at 11 Riverside Street.

The CITY will also provide a computer, office phone (long distance included), cell phone, office
furniture as well as any other items not listed for normal business use. The CITY will also supply all
office equipment associated with the dispatching functions of the operation. This will include radios,
Routematch software, GPS capabilities, phones, recording software and equipment not listed that is
related to dispatching functions.

5. Compensation

The CITY agrees to pay the CONTRACTOR compensation for services performed in accordance with
this Agreement as follows:

a. Contracting Fee

The CITY shail pay to CONTRACTOR as compensation for its services a monthly fee as follows:

Fixed Costs; Year 1 Year 2 Year 3 Year 4 Year 5
$517,848 $533,844 $547,992 $564,276 $580,452
Variable Costs; Year 1 Year 2 Year 3 Year 4 Year 5

$ 28.90/hr $30.85 /hr $ 32.29 /hr $ 33.69/hr $ 35.33/hr

The CITY will pay the fixed costs as listed above. The CITY will pay the CONTRACTOR a
variable cost only for hourly costs the CONTRACTOR incurs while operating the service. This
hourly cost shall include all costs associated with total vehicle miles as scheduled by the CITY.
The CITY will take primary responsibility for scheduling trips and will rely upon the contractor
to complete this task when necessary. The CITY will notify the CONTRACTOR of the service
that is needed. The CITY will be responsible for advising the CONTRACTOR 5 calendar ‘days
in advance so the CONTRACTOR can schedule its operators accordingly.

In the event of service expansion, the CITY and the CONTRACTOR will both agree on the
hourly rate listed above per applicable year, the total vehicle miles and all other costs
associated with new route(s).

b. Inthe event the CITY, in its sole discretion, declares an emergency need for transit services, the
CITY will pay the CONTRACTOR ai a rate of one-and-a-half times (1.5 x) the hourly cost the
CONTRACTOR incurs while operating the service for the emergency. The hourly costs will be
calculated as an accumulation of ail hours, for all employees required to work, during the duration
of emergency operations outside of regularly scheduled Nashua Transit System hours of
operations.

c. Automobile Mileage Reimbursement - General Manager

The CITY will not reimburse the General Manager for use of his/her automobile unless such
use is specifically requested and required by the CITY outside of the CITY'S service area. The
CITY will not have a vehicle available for the General Manager's personal use. In the rare
exception that the General Manager is reimbursed for personal vehicle use, that rate will not
exceed the current mileage reimbursement rate permitted by the US Internal Revenue Service.

6. Uniforms/Appearance

It will be the responsibility of the CONTRACTOR to provide uniforms for all employees working in the
FRPS. The CITY will provide the design the necessary patch if needed to be attached to certain shirts
and jackets. The uniforms that will be acceptable for all CONTRACTOR employees working in the
FRPS will consist of the following;

o Bluework pants

White button up shirt (or other color as required by the CITY); displaying NTS logo on left chest,
American flag on left shoulder

Blue fleece jacket with logo patch

Blue Winter style jacket with logo patch

Black boots or shoes

October through March, shirts must be buttoned to the top or blue ties must be worn.

April through September blue work shorts may be worn.

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00000

The General Manager, Supervisors, and Dispatch Staff must wear professional business attire
appropriate for an office environment.

With the uniform language above, the CITY expects the following conditions in-regards to the
appearance of all of the employees;

o All employees must wear uniforms that are clean, pressed and well fitting. Uniforms with any
signs of staining, fading, fraying and thinning of fabric must be replaced immediately at the
expense of the CONTRACTOR.

o Employees are prohibited from displaying visible tattoos, earring gages, scarifications or
brands that are excessive. Excessive is defined as any tattoos, scarifications or brands that
exceed 25% of any visible body part. Tattoos, scarifications and brands are considered visible
if they can be seen while the employee is wearing a short sleeve shirt or shorts. Employees are
prohibited from displaying any tattoo, scarification or branding above the collar line.

7. Employer Status

The CONTRACTOR is the employer for all employees necessary for the efficient and economical
operation of the FRPS and to meet CONTRACTOR'S obligations hereunder and shall assume all labor
and other employee contractual obligations directly related to the operation of the transit service and
CONTRACTOR'S obligations hereunder. The CONTRACTOR shall negotiate all collective bargaining
agreements. The CITY shall be consulted and advised on the collective bargaining agreement. Any