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38. Notices

All notice required hereunder and all communications made with respect to this Agreement shall be
‘deemed to be made when deposited with the United States Postal Service, postage prepaid, return
receipt requested and addressed as follows:

To CONTRACTOR:

First Transit:
Attn: Tim McCann, Senior Vice President

1020 Center Street, Suite 16
Horseheads, NY 14845

Tothe CITY of Nashua:

CITY of Nashua - Nashua Transit

Attn: Transportation Department Manager
11 Riverside Street

Nashua, NH 03062

or to such other address as may from time to time be designated in a notice sent to the other party
for that purpose.

39. Rights and Remedies

The duties and obligations imposed by this Agreement and the rights and remedies available under
this Agreement shall be in addition to and not a limitation of any duties, obligations, rights, and
remedies otherwise imposed or available by law.

40. Incorporation of FTA Terms

The preceding provisions include, in part, certain Standard Terms & Conditions required by USDOT,
whether or not expressly stated in the preceding contract provisions. All USDOT-required contractual
provisions, as stated in FTA Circular 4220.1F, are hereby incorporated by reference. Anything to the
contrary herein notwithstanding, all FTA mandated terms shall be deemed to control in the event of a
conflict with other provisions contained in this Agreement. The contractor shall not perform any act,
fail to perform any act, or refuse to comply with any request that would cause the recipient to be in
violation of FTA terms and conditions.

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INWITNESS WHEREOF, this Agreement has been executed by:

onthe day of ,2018, and by the CITY of Nashua on the day of 2018.

ATTEST:

CONTRACTOR name

Signature:

Name:

Title:

Date:

ATTEST: CITY OF NASHUA

James W.Donchess, Mayor

Date:

WITNESS:

Name:

Title:

Date:

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APPENDIX A
CERTIFICATION OF PRIMARY PARTICIPANT - DEBARMENT

The CONTRACTOR certifies that it, its principals as defined in 49 CFR 29.995, or affiliates, as defined in
49 CFR 29.905:

1. Are not presently debarred, suspended, purposed for debarment, declared ineligible, or
voluntarily excluded from covered transactions by any federal department or agency;

2. Have not within a three-year period preceding this proposal been convicted of or had a civil
judgment rendered against them for commission of fraud or a criminal offense in connection with
obtaining, attempting to obtain, or performing a public (federal, state or local) transaction or
contract under a public transaction, violation of federal, or state antitrust statutes or commission
of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false
statements, or receiving stolen property;

3. Are not presently indicted for or otherwise criminally or civilly charged by a government entity
(federal, state, or local) with commission of any of the offenses enumerated in paragraph (2) of
this certification; and

Have not within a three-year period preceding this application/proposal had one or more public
transactions (federal, state or local) terminated for cause or default.

The CONTRACTOR is required to comply with 49 CFR 29, Subpart C and must include the requirement
to comply with 49 CFR 29, Subpart C in any lower tier covered transaction.

The CONTRACTOR certifies or affirms the truthfulness and accuracy of the contents of the statements
submitted on or with this certification and understands that the provisions of 31 U.S.C. Sections 3801 et
seq. are applicable hereto.

Executed this day of 2018.

By:

(Signature of authorized official)

(Title of authorized official)

APPENDIX B
CERTIFICATION OF RESTRICTIONS ON LOBBYING

™ hereby certify on behalf ofthe

that:

(1)

No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned,
to any person for influencing or attempting to influence an officer or employee of any agency, a
Member of Congress, an officer or employee of Congress, or an employee of a Member of
Congress in connection with the awarding of any Federal contract, the making of any Federal
grant, the making of any Federal loan, the entering into of any cooperative agreement, and the
extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan,
or cooperative agreement.

\f any funds other than Federal appropriated funds have been paid or will be paid to any person for
influencing or attempting to influence and officer or employee of any agency, a Member of
Congress, an officer or employee of Congress, or an employee of a Member of Congress in
connection with this Federal contract, grant, loan or cooperative agreement, the undersigned shall
complete and submit Standard Form-LLL, "Disclosure Form to Report Lobbying,” in accordance
with its instructions.

The undersigned shall require that the language of this certification be included in the award

documents for all sub awards at all tiers (including subcontracts, subgrants, and contracts under
grants, loans, and cooperative agreements) and that all subrecipients shall certify and disclose
accordingly.

This certification is a material representation of fact upon which reliance is placed when this
transaction was made or entered into. Submission of this certification is a prerequisite for making or
entering into this transaction imposed by section 1352, title 31, U.S.Code. Any person who fails
to file the required certification shall be subject to a civil penalty of not less than $10,000 and
not more than $100,000 for each such failure.

Executed this day of 2018.

By:

(Signature of authorized official)

(Title of authorized official)

APPENDIX C
CITY OF NASHUA RESPONSIBILITIES

Pianning
e Safety & Security
e Transit Asset Management (TAM)

Drug and Alcohol
e Drug & Alcohol for City Employees ONLY
.@ Drug & Alcohol Oversight of Contractor

Maintenance
® Fueling Vehicles
e Vehicle Maintenance
e Facility Maintenance

Reporting
e Reporting to FTA & NTD
e Fixed Asset Reporting

Administration and Operations
e Purchasing of Rolling Stock
Billing
inventory
Auto Insurance
Code of Conduct
ADA Requirements & Certifications

Ticket Sales and Marketing
e Ticket Ordering

e Marketing .
e Ride Guides
Technology

e RouteMatch
e GPS in each Vehicle
@ Tablet in each Vehicle

APPENDIX D
CONTRACTOR RESPONSIBILITIES

Staffing/Dispatch
e Excellent Customer Service
e = Hiring/Firing of Operators (See also Human Resources below)

Service Implementation and Rollout
e Schedule adherence
Assistance and Successful Implementation of New Services
Responsible for taking calls and booking trips during operating hours
Pre/Post Trips
Assist with Scheduling, including final paratransit scheduling as necessary when city
staff are not available.
e On Time Performance measures

Safety and Training
e Safety Program
Safety Training
New Employee Driver Training
Refresher Training when applicable
Provide annual training to all divers on passenger safety, disability awareness, and
sensitivity training.
e Safety & Security

Technology
e Staff will be trained on equipment and technology including but not limited to bike racks;
farebox technology; video surveillance system; scheduling software GPS locator devices
and tablets, bus destination signs, AVA system programming, Token Transit, and Civic
Plus Notification System. Contractor staff will have sufficient skills to assist City staff
with successful implementation of these technologies.

Human Resources

e Required Background Checks
Supervisor for each Shift
Road Supervision of drivers.
Employee Payroll
Employee Benefits
Workers Compensation
CDL Requirements
DOT Annual Physicals
Discipline of Operators
Uniforms
Record Retention

Administrative Assistance
e Participation in NTS planning projects
e Assistance with crisis management, including media, messaging and on the scene presence as
situations arise.

A-4

Assist with NTD Reporting

Assist with FTA Triennials

Adherence to FTA Regulations
Adherence to ADA Requirements
Weekly Meetings with City Staff
Provide Reports as needed by the City

Ticket Sales
e Reconciliation of Paratransit fares
e Bonding for Fare Collection
e Ticket Sales at the Transit Center

Drug and Alcohol
e Drug & Alcohol Requirements
e Post-Accident Drug Testing (Immediately following an accident that needs to be tested)
e Drug & Alcohol Testing is to be administered and paid for by the Contractor.
e Annual MIS Reporting

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First Transit

First Transit, Inc.

600 Vine Street, Suite 1400
Cincinnati, OH 45202
Phone: 513-241-2200

March 21, 2019 Fax: 513-684-8852

The City of Nashua
Camille Pattison, AICP, CNU-A
Transportation Manager

Re: Contract Negotiations and Best and Final Offer, RFP0153-111618 —Transit
Service Operations

Dear Ms. Pattison,

We are excited that the City of Nashua’s Evaluation Committee has determined First
Transit to provide the best value for services procured under RFP0153-111618 — Transit
Service Operations. We appreciate your faith in us and are excited to continue in the
negotiation process. We are in receipt of your email dated March 15, 2019 requesting a
Best and Final Offer (BAFO). First Transit appreciates this opportunity to submit our
BAFO response to continue as a service provider for the Nashua Transit operation.

As an incumbent provider of these services since 1993, no one understands these
services, your expectations, and our shared customers like First Transit. We possess a
firm understanding of the staff, resources, and processes needed to provide this service
at the level you expect and our shared passengers deserve. We look forward to growing
our partnership with you, and will work continuously to improve our service delivery.

First Transit has reviewed all cost areas and the requirements of the Nashua Transit
Services and believe our previously submitted pricing continues to reflect our most
competitive offering to responsibly provide these services (please see attached). As your
current provider of Transit Service Operations, and looking to the future of Nashua
Transit, we understand recruiting and retention of qualified staff to be at the utmost
importance for the success of these services. As such, we believe any further reduction
in the submitted pricing could negatively affect the adequate compensation for
employees, particularly with the impending CBA negotiations with Teamsters Local No.
633.

Should you have questions regarding this BAFO response or any particular concerns
with the attached pricing pages, please continue to contact me at 815-970-2405 or
Shannon.Borst@firstgroup.com. Additionally, should the City wish to discuss any aspect
of our submitted proposal, we are happy to do so. We look forward to continuing our
partnership with the City of Nashua in the provision of Nashua Transit Services.

Sincerely,
rn es ee re
(A pamsit ent

Shannon Borst
Director of Business Development

First Transit, Inc.

3/21/2019 Attachment 1

FIXED COSTS FIRST TRANSIT, INC. REVISED
YEAR 14 YEAR 2 YEAR 3 YEAR 4 YEAR5 §8YRTOTAL
FY20 FY21 FY22 FY23 FY24
ADMINISTRATIVE WAGES $113,338 $115,812 $118,342 $120,928 $123,572 $591,992
ADMINISTRATIVE FRINGE BENEFITS $27,430 $28,466 $29,546 $30,673 $31,849 $147,964
SAFETY/TRAINING COST $84,275 $88,721 $90,886 $93,343 $95,802 $453,027
OPER EXP/MATERIALS $135,211 $134,304 $138,100 $142,008 $146,029 $695,652
START UP EXPENSE $0 $0 $0 $0 $0 $0
INSURANCE - General Liability $13,688 $14,240 $14,596 $15,206 $15,664 $73,394
OUTSIDE SERVICES/CORP SUPPORT $105,207 $111,443 $114,836 $118,744 $122,556 $572,786
OTHER (LIST) $0 $0 $0 $0 $0 $0
PROFIT/FEE $38,699 $40,858 $41,686 $43,374 $44,980 $209,597
SUBTOTAL FIXED COSTS $517,848 $533,844 $547,992 $564,276 $580,452 $2,744,412
VARIABLE COSTS
DRIVER WAGES $1,146,463 $1,200,806 $1,216,008 $1,267,972 $1,315,324 $6,146,573
DRIVER FRINGE BENEFITS $314,187 $355,308 $367,808 $385,338 $403,474 $1,826,115
PROFIT/FEE $42,121 $44,507 $45,408 $47,226 $48,939 $228,201
SUBTOTAL VARIABLE FIXED COSTS $1,502,771 $1,600,621 $1,629,224 $1,700,536 «$1,767,737 $8,200,889
TOTAL COST $2,020,619 $2,134,465 $2,177,216 $2,264,812 $2,348,189 $10,945,304
MONTHLY FIXED COST $43,154 $44,487 $45,666 $47,023 $48,371 $45,740
ESTIMATED BILLING HOURS 51,999 51,884 50,456 50,476 50,035 254,850
COST PER BILLING HOUR* 28.90 30.85 32.29 33.69 35.33 32.18

*Billing hours include gate to gate service (includes deadhead) plus driver swap time. Pre and post trip time is not included in billing hours.

FY 20 FY 21 FY 22 FY 23 FY 24
Average Average Average Average Average
Hourly Wage Hourly Wage Hourly Wage Hourly Wage Hourly Wage

$18.27 $19.11 $19.88 $20.69 $21.64
Total Number of Drivers FTE 28.0 28.0 28.0 28.0 28.0
Bishop's Peak Software -
Offered as a pass through
option $20,028 $20,028 $20,028 $20,028 $20,028

$100,140