NHDOT SECTION 5311(f)INTERCITY BUS PROGRAM APPLICATION PACKAGE

For State Fiscal Years 2020-2021

Bureau of Rail and TransitMichael Pouliot, Public Transportation Administrator

New Hampshire Department of Transportation7 Hazen Drive, PO Box 483

Concord, NH 03302

The New Hampshire Department of Transportation is releasing this solicitation to invite bids to operate four intercity bus services in New Hampshire as listed below and described in more detail in Section III of this document. Two of these services are existing routes that will be maintained at their current service level; the other two are new or expanded services addressing areas of unmet need identified during the consultation process.

This document provides background information on intercity bus service in New Hampshire, a policy framework, details on the desired intercity bus services, and important terms of the contract.

Upon submitting a proposal for this service, please fill out the summary section below and include it with your submittal.

APPLICATION INFORMATION FOR SECTION 5311(f) INTERCITY BUS PROGRAM ASSISTANCE

Name of Applicant: Click here to enter text.

Address: Click here to enter text.

City/State/Zip Code: Click here to enter text.

Contact Person: Click here to enter text.

Phone: Click here to enter text.

E-Mail: Click here to enter text.

AMOUNT OF SECTION 5311(f) INTERCITY BUS PROGRAM FUNDS REQUESTED

OPERATING (Includes marketing/administrative) $ Click here to enter text. (Federal)

PROJECTS APPLIED FOR: Continuing service: Littleton to Concord Continuing service: Berlin/North Conway/Concord (either or both of two segments) New service: Laconia to Concord New service: Keene to Nashua

TABLE OF CONTENTS

I. BACKGROUND 2Definitions 2

II. POLICY 4Objectives 4Eligible Applicants 4Eligible Projects 5Available Intercity Bus Service Allocation 6Local Match Requirement/In-Kind Calculation 6

III. SCOPE OF SERVICES 7Description of Services Being Requested 7A. Continuation of Current Section 5311(f) Supported Intercity Bus Service 7B. New Section 5311(f) Supported Intercity Bus Service 8FMCSA 12Drug and Alcohol Policy and Procedures 12National Transit Database Reporting 12Coordination/Public Outreach 12Ticketing and Schedules 12Vehicles 13Service to Passengers with Disabilities: Compliance with the Americans with Disabilities Act 14Marketing 14

IV. CONTRACT FOR SERVICE 15Term of Contract 15Performance Measures 15Record Keeping 15Reimbursement Procedure 15Reporting 16

V. APPLICATION REVIEW PROCESS 17Evaluation of Applications 17Evaluation Method 18Evaluation and Scoring of Applications 19Best Value—Award Not Based on Price Alone 19Appeal Process 19NHDOT’s Reserved Rights 19

VI. APPLICATION INSTRUCTIONS 20 ATTACHMENTS A Application RequirementsB Marketing Plan DescriptionC Project Budget SpreadsheetD Invoice Template SpreadsheetE Federal ClausesF Public Notice

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I. BACKGROUND

The New Hampshire Department of Transportation (NHDOT) Bureau of Rail and Transit is accepting applications for its State Fiscal Years 2020 and 2021 Section 5311(f) Intercity Bus Program, as prescribed by the Federal Transit Administration’s (FTA) Nonurbanized Area Formula Program (Section 5311) guidance.

According to federal law, the state must spend “15 percent of its annual Section 5311 apportionment ‘to carry out a program to develop and support intercity bus transportation,’ unless the governor certifies that ‘the intercity bus service needs of the state are being met adequately.’” Before seeking such a certification, the state is required to consult with intercity bus providers and demonstrate that it has assessed statewide intercity mobility needs no more than four years before the date of the certification. The regulations (FTA C 9040.1G) specify that the “required percentage does not apply to any funds the state subsequently transfers to its formula grants for rural area program from another program (such as Section 5307).”

Per 9040.1G: “The state must document in the SMP [state management plan] its consultation process and any process that it develops for periodically assessing statewide needs. FTA will evaluate evidence that the state has followed its process in state management reviews approximately every three years.”

DefinitionsThe official federal definition of intercity bus service is as follows:

Regularly scheduled bus service for the general public that operates with limited stops over fixed routes connecting two or more urban areas not in close proximity, that has the capacity for transporting baggage carried by passengers, and that makes meaningful connections with scheduled intercity bus service to more distant points, if such service is available.

FTA provides the following characteristics of intercity bus service: Regularly scheduled bus service; Available to the general public; Makes limited stops; Operates on fixed routes; Connects two or more urban areas not in close proximity; Makes meaningful connections (if available); Predominantly passenger service (any package/goods service must be incidental); Not a commuter service; and Not air, water, or rail service (bus only).

The intercity funding that is the subject of this solicitation, because it is part of the Section 5311 program, is intended to be spent on projects that assist people traveling to or from non-urbanized areas. The regulations define an urbanized area as “an area encompassing a population of not less than fifty thousand people that has been defined and designated in the most recent decennial census as an ‘urbanized area’ by the secretary of Commerce.” A rural (or non-urban) area is any area that is not part of an urbanized area.

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An important distinction for this policy is between intercity service and commuter service. Commuter service is defined as a route intended to serve daily or frequent trips between residential areas and employment centers. While most commuting trips are local in nature (less than 20 miles in each direction), there are plenty of examples of people who make long distance trips (30 miles or more) on a frequent or daily basis. While section VIII-7 of the regulations explicitly excludes commuter service “within the local commuting area” from the definition of intercity service, the regulations do not define “local.” Using the suggested definition above of less than 20 miles, bus routes that travel longer distances could potentially serve a mix of commuter and intercity passengers. The important point is that while a commuter could potentially use an intercity service to reach his or her job on a daily basis, the service would not necessarily be designed to serve such trips, but rather for people making occasional longer-distance trips.

Funds for operating intercity services or for capital projects can pass through the state to eligible subrecipients or to contractors. A subrecipient is defined as “a state or local governmental authority, a nonprofit organization, or operator of public transportation or intercity bus service that receives federal transit program grant funds indirectly through a recipient.” In contrast, a contractor is a public, private or non-profit entity that operates a service or builds a project that is specified by the state (or a subrecipient). The contractor simply executes a service or project that the state has defined and developed as part of a broader network or plan. The FTA regulations state that “in some instances, intercity bus providers may be unwilling or unable to accept the terms and conditions the state applies to subrecipients and may prefer to maintain a contractual relationship, in order to isolate the remainder of their operations from federal requirements related to a grant. The state may use either mechanism to provide assistance to private operators for intercity bus service.”

The regulations define the eligible activities under Section 5311(f):Section 5311(f) specifies eligible intercity bus activities to include “planning and marketing for intercity bus transportation, capital grants for intercity bus shelters, joint-use stops and depots, operating grants through purchase-of-service agreements, user-side subsidies and demonstration projects, and coordination of rural connections between small public transportation operations and intercity bus carriers.” This listing does not preclude other capital and operating projects for the support of rural intercity bus service.

One of the items in the list is defined further in the regulations. Feeder service can be operated by a public transit agency in a rural area, and can qualify for Section 5311(f) funding if it makes “meaningful connections with scheduled intercity bus service to more distant points.” The regulation does not define “meaningful connections” precisely, but it does note that “service that only incidentally stops at an intercity bus facility among other destinations within the city at either end of a route that covers a long distance, without regard to scheduled connections…is not an intercity feeder service.” Thus, a meaningful connection implies intentional schedule coordination with routes that are part of the broader intercity network. It is not the case that every intercity trip at a terminal would need to be served by a feeder connection, but every feeder trip does need to have a coordinated connection with an intercity trip.

The feeder service could be demand responsive, or it could consist of “marketing and extended hours of service in order to connect with scheduled intercity service” on a route that serves other purposes the

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rest of the day. In such a case, only the cost associated with the extended service would be eligible under Section 5311(f).

A final relevant definition in the regulations is the term consultation: “One party confers with another identified party in accordance with an established process and, before taking action(s), considers that party’s views and periodically informs that party about action(s) taken.” The regulations also provide elements that should be included in the state’s intercity consultation process.

II. POLICY

ObjectivesThe federal regulations specify three primary objectives of the Rural Intercity Bus Program:

1. Support connection between rural areas and the larger regional or national system of intercity bus service

2. Support services to meet the intercity travel needs of residents in rural areas3. Support the infrastructure of the intercity bus network through planning and marketing

assistance and capital investment in facilities.

These objectives comprise a large portion of NHDOT’s goals with respect to intercity bus in New Hampshire, but not the entirety of those goals. The Rural Intercity Bus Program in New Hampshire is intended to support the development of a “seamless” network of transportation services linking local transit with intercity modes. Such services can include intercity services or feeder services from areas without intercity bus services. The routes and capital projects funded by the program will support riders traveling from or to rural areas, though the other end of their trips may be in urban areas. Projects will, in general, be funded in the following priority order:

1. Preservation of worthy existing intercity bus services2. Implementation of new services3. Provision of necessary and appropriate capital facilities and equipment.

Eligible Applicants To be eligible to submit an application for funding under the Section 5311(f) program, the applicant must be one of the following (FTA Circular 9040.1G, Page III-5, Section 2):

Intercity bus provider; Private non-profit transportation provider; Private for-profit transportation provider; Local public transportation provider providing, or proposing to provide, feeder service to

intercity carriers, or operation of a user-sider-subsidy program; or Indian tribe.

Note that at the discretion of NHDOT, funds may be passed through to a local agency that will subcontract with a third-party for-profit operator/administrator to provide the intercity bus service, feeder service, or user-side-subsidy program, and/or NHDOT may contract directly with a for-profit operator. This decision may vary among the proposed services, depending upon the applicant and type of applications received.

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It is anticipated that successful applicants will demonstrate the following characteristics or provide required documentation for program eligibility:

1. Have a minimum of 2-3 years of comparable experience operating medium to large passenger buses in intercity, regional and/or commuter/express service with no penalties imposed or be an existing public transit provider in New Hampshire.

2. Have a solid financial position that demonstrates an ability to sustain such an operation for at least two years.

3. Maintain an on-time delivery window with all connecting carriers of no later than 30 minutes past the scheduled arrival time.

4. Notify NHDOT within 24 hours of a cancelled trip. 5. Possess appropriate vehicles, or the ability to acquire appropriate vehicles. Vehicles will have

comfortable seating suitable for long-distance travel and a capacity for transporting baggage and bicycles. For feeder services of 35 miles in length or less (one-way), the baggage and bicycle transporting capacity requirement is waived.

6. Electronic Logs required on all buses.7. For private transportation companies, provide:

a. One to three business references for which similar service has been provided.b. Document(s) showing evidence of organization.c. Financial statement or annual report from past two years.

8. Private non-profit applicants are required to present proof of their non-profit status.9. Applicant must have the approval of its governing board, and an authorizing resolution by the

governing board must be submitted with the application.10. Evidence that they either have, or have the capability to acquire, adequate insurance coverage.1

Eligible ProjectsThe Intercity Bus Program will use Section 5311(f) funds for both traditional intercity bus service and services that operate as feeders to intercity bus routes. Feeder routes may have characteristics that differ from those described above as intercity services. For example, feeders may be demand-responsive in nature, or smaller vehicles may be used. At the same time, feeder services must make meaningful connections with intercity services at common terminals and at times that provide for convenient connections. Such feeder services should have as their primary purpose the provision of a connection to the intercity bus network. Otherwise, only that portion of the feeder service expenses that are reasonably attributable to intercity bus service are eligible for Section 5311(f) funding. An example of this would be the extension of an existing bus route to serve the local intercity bus station. In this case, only the cost of the route extension would be eligible.

Projects that offer services coordinated with other intercity services will receive priority, including those that utilize through-service buses, interline tickets, common intermodal terminals, coordinated schedules and joint information or marketing plans. NHDOT requires that all services provided with Section 5311(f) funds offer users a meaningful connection with the national intercity bus network. By the second year of the contract, this connection must including interline (joint) ticketing and service

1 According to FMCSA §387.33 (Financial responsibility, minimum levels), for-hire motor carriers of passengers operating in interstate or foreign commerce must maintain minimum financial responsibility of $5 million for any vehicle with a seating capacity of 16 passengers or more, and $1.5 million for any vehicle with a seating capacity of 15 passengers or less. For services that interline with Greyhound but do not cross state lines to do so, Greyhound has established the following insurance requirements (single limits): 15 passengers or less—$1.5 million; 16-30 passengers—$2 million; more than 30 passengers—$5 million.

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connections that are shown in the public timetables for the services, assuming that the interline (unsubsidized) partner is willing to enter into such an agreement. The operator must also provide accurate GTFS data on its services funded by Section 5311(f) so that it will appear in standard trip planning searches.

In addition, all projects funded under this program must provide for the marketing of the services to the general public. Requests for operating assistance must include in their project description information about specific marketing efforts for the proposed service. An amount not to exceed ten percent (10%) of the total project amount should be allocated for marketing expenses.

Available Intercity Bus Service Allocation As required by FTA, NHDOT has set aside 15% of its annual Section 5311 Nonurbanized Area Formula Program apportionment with the intent of expending the funds on intercity bus needs. Therefore, for State Fiscal Year 2020, NHDOT will make available approximately $600,000 to support the intercity bus network. Should funding requests exceed the announced Section 5311(f) funds availability, eligible projects may receive less than the amount originally requested or be placed in alternate status pending the availability of additional Section 5311(f) funds.

Local Match Requirement/In-Kind CalculationSection 5311(f) funds can be used to provide up to fifty percent (50%) of the net cost of service. The net cost of service is determined by subtracting passenger revenue from total operating expenses. The remaining 50% of the net cost of service must be provided with cash, and/or “In-Kind Match” as is made available through the Section 5311 program.

FTA Circular 9040.1G states that “Section 5311(g)(3)(D) provides that in the case of an intercity bus project that includes both feeder service and an unsubsidized segment of intercity bus service to which the feeder service connects, the local match may be derived from the costs of a private operator for the unsubsidized segment of intercity bus service as an in-kind match for the operating costs of connecting rural intercity feeder service funder under Section 5311(f).”

The private operator must agree in writing to the use of the costs of the private operator for the unsubsidized segment of intercity bus service as an in-kind match. This letter must include the funding amount to be used for in-kind match. This documentation must be included in the application submittal. To be considered eligible as in-kind match, the cost must be otherwise allowable as a cost under the Section 5311(f) program, and, therefore, must connect the rural community to further points. The FAST act changed the rules as stated in Circular 9040.1G so that the gross operating cost of connecting unsubsidized service can be used as in-kind match.

In those situations where there is excess in-kind match available from the gross operating costs of the private provider, it cannot be used to increase the Section 5311(f) share above the actual operating deficit of the project. On the other hand, if there is not enough in-kind match to equal the Section 5311(f) funds needed to cover the operating deficit, the applicant would have to produce the difference in cash.

Each project using the in-kind match formula must provide a description of the feeder service and the connecting service, identifying locations served by each, and the connections. Only those runs that actually connect with the feeder service can be used for match. For example, if the private operator makes four trips per day through point B but the feeder service only operates twice daily, only the gross

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operating costs of the two daily connecting trips can be used as in-kind match. The application must include the calculation of the in-kind match for each applicable route.

III. SCOPE OF SERVICES

The following Scope of Services and all pertinent attachments and exhibits will become part of the contract with the applicant/operator selected to provide the requested services.

Description of Services Being RequestedNHDOT is seeking applicants to continue providing service on four separate routes, each of which is a separate project. Proposers may apply to operate one, two, three or all four routes, but full detail on the proposed service should be provided separately for each project. NHDOT reserves the right to fund one, two, three, four or none of the services. NHDOT is seeking turnkey services, in which the applicant will provide all vehicles and equipment (all vehicles MUST be fully ADA accessible), operate daily year-round service on the proposed routes, obtain all required permits and authority, obtain required insurance, conduct appropriate maintenance, retain records, enter into agreements with other carriers as required to support the use of interline ticketing, and obtain access to terminals of connecting carriers (or access to public intermodal terminals). The four routes are divided into two groups: continuing services and new services.

In addition to these four routes to be operated under contract to NHDOT, it is the intention of NHDOT to work with the Vermont Agency of Transportation to extend service currently operated by Greyhound between White River Junction and Bellows Falls to serve Claremont, NH and potentially Charlestown, NH. The likely structure of this arrangement is that NHDOT would transfer some of its 5311(f) funds to Vermont, and then VTrans would amend its contract with Greyhound to include this service extension to New Hampshire. This arrangement is a separate project and is not being solicited for in this document.

A. Continuation of Current Section 5311(f) Supported Intercity Bus Service

NHDOT currently utilizes its 5311(f) allocation to fund the following intercity bus routes. NHDOT only participates in the portion of the route that is operated within the State of New Hampshire.

1. Littleton to Concord

Route: The project calls for the continuation of the existing subsidized service between Littleton and Concord with intermediate stops in Franconia, Lincoln, Plymouth, and Tilton and connecting/continuing service to Boston. It is assumed that existing stop locations would continue to be used, but that if a new bus stop/parking lot is provided in Littleton, the route would serve that new facility.

Preferred Service: NHDOT will subsidize one southbound trip and one northbound trip per day, 365 days per year. Applicants may propose alternatives that they believe offer better service to the customer while maintaining the needed.

2. Berlin/North Conway/Concord

Route: The project calls for the continuation of (an existing subsidized) service between Berlin and North Conway with intermediate stops in Gorham, Pinkham Notch, Jackson (flag stop), and

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between North Conway and Concord with intermediate stops in Conway, West Ossipee, Center Harbor, Meredith (flag stop), and Tilton.

Preferred Service: NHDOT will subsidize one daily round-trip between Berlin and North Conway with intermediate stops as currently provided. This route currently connects to unsubsidized intercity service in North Conway; if that connecting service becomes unavailable, NHDOT reserves the right to amend the contract as appropriate to ensure a meaningful connection to the broader intercity network. NHDOT will also subsidize one round-trip between Concord (Stickney Ave terminal) and North Conway, daily from late May through mid-October, and Friday and Sunday only for the rest of the year with intermediate stops as currently provided. Applicants may propose alternatives that they believe offer better service to the customer while maintaining the needed connectivity.

B. New Section 5311(f) Supported Intercity Bus ServiceNHDOT has additional funding available to subsidize other high priority services. In the course of the consultation process undertaken as part of the Statewide Strategic Transit Assessment study, the following routes have been determined to address the greatest unmet needs for access to the intercity network in New Hampshire and have the highest ridership potential with respect to their estimated operating cost.

1. Laconia to Concord

Route: This project is a new feeder route between Laconia and Concord via US 3 through Tilton, Franklin and Boscawen (see Figure 1). Proposed stop locations include Veteran’s Square in Laconia, central Tilton near Town Clerk’s office, central Franklin near the Opera House, the County Complex in Boscawen, central Boscawen near the Town Hall, the Boscawen Park & Ride, and the Stickney Ave terminal in Concord. The proposer may suggest alternative stop locations. Preferred Service: Two daily round-trips are desired on this feeder route, 365 days per year. The first trip would leave from Laconia at approximately 6:30 a.m. to be able to connect easily to the 8:00 a.m. Concord Coach departure to Boston. That bus would then remain at the terminal until at least 8:30 to allow for passengers arriving on the 8:20 a.m. northbound Concord Coach arrival to transfer to the northbound bus. The second trip would leave from Concord at approximately 4:00 p.m. to allow for transfers from the 3:30 p.m. northbound arrival from Boston, reach Laconia at approximately 5:15 p.m. and return to Concord, arriving at approximately 6:30 p.m., allowing for a transfer to the 7:00 p.m. southbound trip to Boston. Applicants may propose alternative trip times.

Preferred Fare: For the introductory period of service (first two years), the maximum one-way fare for this route shall not exceed $6 without prior written approval from NHDOT. Fares from intermediate stops should be proportionally less than the maximum.

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Figure 1 Feeder Service Laconia to Concord via Franklin and Boscawen

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2. Keene to Nashua

Route: This project would be a new feeder route between Keene and Exit 8 in Nashua to connect with Boston Express service to Boston and other transit services to Nashua and Manchester (to be determined) (see Figure 2). The Town of Peterborough has requested funding for a bus shelter; this route shall stop there when the facility is available.

Preferred Service: Service on this route will consist of one round-trip per day. Greyhound currently operates round-trips on Fridays and Sundays with a departure from Boston at 11:45 a.m. and arrival in Keene at 2:10 p.m. The return trip to Boston leaves from Keene at 3:50 p.m. with an arrival in Boston at 6:20 p.m. The proposed route would operate Monday through Thursday and on Saturday to complement the Greyhound service. It is preferred that the eastbound trip from Keene departs in the morning, at 7:30 a.m. to connect with the 9:00 southbound departure to Boston (weekday and Saturday). The preferred westbound trip would be in the evening, leaving Exit 8 at 6:45 p.m. to allow for transfers from the 6:15 p.m. and possibly also the 6:35 p.m. arrival from Boston. The Saturday arrival from Boston is at 6:30 p.m. Applicants may propose alternative trip times.

Preferred Fare: For the introductory period of service (first two years), the maximum one-way fare for this route shall not exceed $10 without prior written approval from NHDOT. Fares from intermediate stops should be proportionally less than the maximum.

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Figure 2 Feeder Service from Keene to Nashua Exit 8

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FMCSA

Intercity service providers crossing state lines are required to comply with Federal Motor Carrier Safety Administration (FMCSA) regulations. Also, providers of intrastate service that interlines with services to provide interstate trips must meet FMCSA regulations. A signed statement of intent to maintain or acquire FMCSA authority must be submitted with the application. More information on those requirements is available at: http://www.fmcsa.dot.gov/.

Drug and Alcohol Policy and Procedures

Providers must meet Drug and Alcohol Policy and Procedures requirements and ensure that employees adhere to policy. For applicants that receive FTA financial assistance which supports the majority of their overall operations, please submit an approved FTA Drug Free Workplace Policy and an approved Drug and Alcohol Testing Policy (refer to the FTA website: http://transitsafety.volpe.dot.gov/DrugAndAlcohol/Default.aspx for information.)For applicants that are private for profit carriers, please submit proof of an approved FMCSA Drug and Alcohol policy (refer to FMCSA website: http://www.fmcsa.dot.gov/safety-security/safety-initiatives/drugs/drugs-alcohol.htm for information). IMPORTANT: For private-for-profit carriers, that have not or have not previously operated services funded with FTA funds, the organization’s Drug and Alcohol policy will have to be updated to incorporate FTA Drug & Alcohol requirements as they apply to the individuals involved in safety-sensitive functions pertaining to the operation of the approved project in this application.

National Transit Database Reporting

Applicants are required to report 5311(f) intercity bus program activities annually to the National Transit Data Base (http://www.ntdprogram.gov/ntdprogram/rural.htm ) using the latest version of the NTD reporting form. The reporting period is from July to June, with the report due to NHDOT annually by September 30.

Coordination/Public Outreach

In an effort to ensure as much of a seamless transportation system as possible, it is intended that projects provide for convenient connections between local and intercity modes to the greatest extent possible. Developing these connections will require coordination with local community transportation services along proposed routes, coordination with intercity bus carriers and their schedules and terminals, and coordination with intercity passenger rail services. This includes meaningful connections at common terminals, reasonable waits between transfers, and to the extent possible, joint fares and common ticketing. The application should describe in sufficient detail the resulting coordinated service with other transportation providers.

Ticketing and Schedules

Ticket AgentsThe provision of the intercity bus services includes securing ticket agents. Locations of the ticket agents should be in facilities that provide safety, shelter, telephone, restrooms, light, heat, and parking, where

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possible. Such locations may include, but are not limited to, public buildings and facilities and private businesses. NHDOT requires that every effort be made to secure ticket agent locations that are accessible for persons with disabilities.

ScheduleThe operation of intercity bus service requires development and distribution of a schedule or timetable that identifies each passenger boarding and alighting location. NHDOT suggests that this schedule be developed as part of a brochure that is designed as a marketing and public information tool. This schedule/brochure must be widely distributed and made available to NHDOT, all ticket agents secured as part of this service, local transit agencies, and the general public, including those who are elderly and those with disabilities.

Interline AgreementsInterlining is defined as transportation that is provided by two or more carriers, under a single through ticket, at a single through fare, and the revenue derived from each passenger is divided between the participating carriers at a rate agreed upon by the participating carriers.1 It is strongly recommended that the proposer establish an interline agreement with an intercity bus carrier by the initiation of service, but it is not required until the second year of the contract. If, after good faith efforts by the proposer, it is impossible to establish an interline agreement because the unsubsidized carrier is unwilling, this requirement will be waived.

In order to interline with an intercity bus company, a public transportation provider must enter into an interline agreement with that intercity bus company, and must join the National Bus Traffic Association (NBTA). Membership in NBTA is required because NBTA is the industry association through which basic interline rules and procedures are agreed to between all participating intercity carriers. The application must contain evidence of membership or a signed statement of intent to obtain membership in the NBTA no later than the second year of the contract. As an interline partner, a provider is able to sell tickets that allow a passenger to buy a single ticket that provides travel through two or more different bus companies. More information on this can be found at: http://www.fmcsa.dot.gov/regulations/guidance-interline-service-and-notice-passengers.

The applicant should describe how it plans to sell interline tickets, such as establishing ticket offices or agents, with and between various intercity transportation services along the route. Interline agreements with all connecting interline carriers at connecting points are required.

Vehicles

Type of VehicleThe operator is responsible for providing ADA-accessible vehicles for the provision of services. All vehicles, except those for feeder routes less than 60 miles in length, must have a lavatory and a baggage storage area. All vehicles must have air conditioning and heating. All vehicles must be maintained in compliance with all applicable Federal and state laws and regulations, as well as the manufacturer’s maintenance schedule. The exterior and interior of vehicles must be cleaned on a regular basis. While it is not a requirement that a full size coach be used for these services, operators are encouraged to utilize

1 *Federal Motor Carrier Safety Administration Regulations and Interlining Transportation for Rural Transit Providers-National RTAP, Updated 2008

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an over-the-road coach for all services with the exception of feeder service less than 60 miles. Vehicles should have clearly visible exterior signage indicating that the vehicle is providing intercity bus service.

Inspection of V e hicles Vehicles used for the service are subject to inspection by federal and state representatives. The carrier is responsible for repairing and/or replacing any items determined to be unsatisfactory in an inspection. Should the vehicle need to be taken out of service for repairs/maintenance, a comparable back-up vehicle must be available to provide the scheduled service.

Service to Passengers with Disabilities: Compliance with the Americans with Disabilities Act

Intercity bus projects must adhere to all Federal Transit Administration regulations including the Americans with Disabilities Act (ADA) by addressing the mobility needs of persons with disabilities. All services operated under this program must meet the applicable requirements for accessible service as defined by the ADA. Requirements differ based on the status of the entity (public or private), the type of vehicle, the size of the entity (if private) and the overall mix of service provided by the entity. Applications must include information on the applicable regulations for the service proposed and how the applicant will meet those regulations.

It should be noted that private operators of Over-the-Road Buses (OTRBs) are required to provide accessible service as described in the ADA Final Rule. All applicants will need to address this issue in their application. Additional information regarding this requirement can be found at: http://www.fmcsa.dot.gov/regulations/americans-disabilities-act-reporting-and-other-requirements-over-road-bus-companies.

Marketing

It is extremely important that intercity bus services be marketed to familiarize the public with the available service. Increased ridership and revenue that may result from marketing activities directly impacts the long term sustainability of the service. The proposer is to develop and implement a marketing plan to promote and advertise the intercity bus or feeder service. By the initiation of service, schedules and other applicable information should be placed in local, regional and national information sources. Service informational materials should be posted to a web site. The marketing plan is to include but is not limited to:

A description of the type of advertising that will be done, including which media will be used; The frequency that the advertising will run; and Procedures for development and distribution of the schedule/brochure to appropriate locations.

Note that marketing activities are considered operating expenses and, therefore, are included in the net cost of service determination.

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IV. CONTRACT FOR SERVICE

Term of Contract

Provision of the intercity bus service in accordance with the Scope of Services in this application package will continue for a period of two (2) years. Note that the NHDOT Bureau of Rail and Transit will assess the operation of the service on a regular basis to determine whether to continue a project beyond the second year. NHDOT reserves the right to discontinue a project if the service is not meeting expectations and/or program goals. In addition to this initial term, NHDOT shall have the right, but not the obligation to extend the agreement for up to three (3) additional one-year (“Extension Period”) terms, provided that NHDOT shall notify the Contractor/Operator in writing at least 3 months prior to the end of the initial term requesting that the Contractor/Operator submit a cost proposal for the extension period. Within 30 days of the Contractor/Operator receiving such notice, Contractor/Operator shall submit a cost proposal to NHDOT . If the cost proposal if accepted by NHDOT it shall be valid and binding for the extension period. Within 30 days of NHDOT’s receipt of such cost proposal, NHDOT staff will review cost and current performance information and then NHDOT shall notify Contractor/Operator whether NHDOT accepts the cost proposal.

Performance Measures

Performance measures for selected projects will be evaluated on a regular basis to monitor the success of the service. The agreed-upon performance measures will contribute directly to the consideration for continued funding of the project in subsequent years. The Bureau of Rail and Transit will work directly with the applicant throughout the term of the contract to determine if the performance of service justifies its continuation and discuss service adjustments that might prove more beneficial to the area being served. Performance indicators include, but are not limited to:

On-time performance; Percentage of scheduled trips operated; Ridership; Cost per mile operated; and Effectiveness of marketing activities.

Record Keeping

NHDOT requires that the operator keep records on the services provided, total project costs and marketing efforts. Records must be retained for at least three years following payment of the final invoice. Data to be recorded and reported is addressed below.

Reimbursement Procedure

Reimbursement to the selected applicants will be made on a monthly basis, based on cost per mile to provide the service, less revenue generated from sale of passenger tickets. Grant funds are provided on a reimbursement basis only, meaning that the grantee must incur the expense, and then seek reimbursement from NHDOT.

All applicants for Intercity Bus funds must have sufficient operating reserves to provide the services 17

described in the proposal. After services are provided, request for payment must be submitted monthly and, upon approval of those expenditures, reimbursement will be provided. All marketing activities must be documented with copies of invoices related to implementation of the marketing plan and must be submitted with the monthly report. The cost reimbursement procedure will apply only to allowable project expenses. Payment to the selected applicants will be made pending review and approval of submitted invoices and supportive documentation. The applicant will be responsible for having an adequate cost accounting system.

Reporting

Monthly Operating Data Report – This form is used to provide transit system operating data to NHDOT. Grantees should indicate the transit system name, the calendar year quarter to which the report applies, year, and operating data, by mode of service, for the system. Requested operating data include:

Passenger boardings; Total vehicle miles operated; Revenue vehicle miles; Number of road calls; Operating income; Total expenses; and Cost per mile

Monthly Operating Financial Status Report – With this report, the grantee provides NHDOT with monthly financial data regarding the system.

The form requests information in the following areas:

System identification; Total expenses; Operating income; Cost per mile; Net expense; Federal share; Local cash grants and reimbursements; and In-kind match (if applicable).

NHDOT will record the Purchase Order Number and Project Number(s) on the form before it is distributed to the grantee. Total expenses for the quarter should be drawn from the grantee’s accounting system and represent the total eligible costs for the reporting period. Total expenses must equal total revenues (Operating Income + FTA Share + Local Cash + In-kind match) = Total Expense.

An electronic, unsigned copy of the Monthly Operating Status Financial Report should be submitted to NHDOT with the Contract Invoice Voucher. Grantees are required to keep the original, signed Contract Invoice Voucher on file.

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V. APPLICATION REVIEW PROCESS

Once an application has been determined to meet the initial screening requirements as noted below and has been deemed as “responsive,” NHDOT staff will review all responsive applications based upon funding availability and evaluation criteria (see below), and select projects for approval. NHDOT reserves the right to contact an applicant for missing or additional information or clarification of its application during the evaluation process. If, as a result of the application review, the applicant does not supply the requested information/forms in the time-frame allotted by NHDOT, the applications will not be considered for funding.

A completed application is no guarantee of funding approval. For selected projects, the applicant must enter into an agreement with NHDOT and must comply with all related requirements to receive the Section 5311(f) funds.

If an application is selected, the NHDOT reserves the right to enter into contract negotiations with the apparent successful applicant, which may include discussion regarding the applicant’s approach to meeting the terms of the service contract. Contract negotiations may result in incorporation of some of or all of the applicant’s service request.

The applicant will be required to provide an authorizing resolution from its governing board in support of the application.

Evaluation of Applications

NHDOT will award a Contract in the best interest of the State. In making best interest determinations, the selection panel will evaluate proposals based upon the following primary factors and related sub-factors, which are of equal weight, unless noted otherwise.

It is a condition of applying under this solicitation that, by submitting an application, the applicant accepts and agrees unconditionally that if the applicant in any way contacts, or attempts to contact, a member of the selection panel involved in the selection process for this solicitation, either during or following the solicitation process, with the aim of communicating about the selection process or outcome, then that applicant will be completely barred from receiving or performing such work of the type covered under the solicitation for a period of 365 days from the date of that applicant’s attempted contact with the selection panel member. The only valid point of contact for questions about the process or outcome is specifically listed on the first page of the application.

The selection panel is composed of NHDOT employees from varying Departments and Bureaus and in some cases external Stakeholders. The panel members may or may not be familiar with your company. With that in mind, it is important to provide detailed information regarding the evaluation criteria listed below.

1. Proposed Service Meets Desired SpecificationsFor new intercity services described in Section III.B above, NHDOT has indicated preferred service characteristics in terms of the trip frequency, times and fares. Proposals will be evaluated by the degree to which they meet the desired specifications.

For continuing routes, NHDOT is assuming a continuation of the existing schedule and fare policies.

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2. Technical Capability and Management StructureThe proposal clearly indicates how the bidder will deliver timely, high-quality, compliant and cost-effective services to meet NHDOT’s needs. Specifically, the proposal demonstrates:

• Ability to plan and deliver an intercity transit service including selling tickets through the national Greyhound ticketing system or equivalent which meets all federal regulations including safety and ADA compliance.

• Ability to market to and have high quality phone and internet interactions with the general bus riding public including selling tickets through new outlets such as Wanderu and others.

• Ability to conduct meetings for the purpose of marketing and service changes with the general public, municipal and governmental sections.

• The proposal clearly demonstrates a sound organizational structure and management approach which indicate positive business ethics, clear lines of communication between the bidder’s team and NHDOT, active and continuing participation of senior executives, a focus on quality assurance and partnering.

3. Key Personnel• Bidder’s proposed key personnel are sufficient in number, experience, and skill level, to provide

high-quality professional services in a timely and cost-effective manner.• At a minimum, key personnel demonstrate:

o An ability to run an intercity bus program with interconnections to the national network for buses and trains.

o An ability to create easily understood marketing materials and scheduling materials both electronic and print media.

o A proactive and timely approach to problem resolution.o Experience dealing tactfully with frustrated individuals or otherwise difficult situations in

a public setting, over the phone and websites.

4. Past Performance• The past performance evaluation will examine how the bidder’s past and present performance

indicates the likelihood of successful completion of work under this contract. In conducting the past performance assessment NHDOT may use data obtained by references provided and any other source.

5. Price/Cost• Price/cost provided will be evaluated and rated. Price/cost will become increasingly more

important and carry additional weight as the non-price evaluation factors approach equality.

Evaluation Method

Ratings will focus on the strengths and weaknesses as demonstrated by the bidder’s proposal. Assigned ratings represent the consensus developed by the selection committee. Each of the first four criteria described above will be scored with a rating of 1 to 5, with 5 representing the best possible score. The scores will then be combined to produce a composite score and the ratings from various reviewers will be combined to produce an average composite score. These scores will then be weighed with the price/cost proposals to yield an assessment of Best Value (see below).

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Evaluation and Scoring of Applications The review committee will determine whether each project will receive complete, partial, or no funding, based on the project evaluations and/or funding availability. As the application allows for multiple projects, in one application submittal, it is possible that an award may be made for one proposed project and not another. The availability of funding does not necessarily confer approval of a project(s) for funding.

Best Value—Award Not Based on Price AloneThe evaluation process is designed to distribute awards to the applicants who best meet the requirements of the projects and that offer the best overall value. This may not necessarily result in awards to the applicants with the least cost.

Appeal Process

In the case of an application that is not selected (whether in whole or in part), the applicant may appeal the decision of the review board to the Commissioner of the NHDOT in accordance with NH RSA 21-G:37.

On the closing date for responses, the NHDOT will post the number of response received on the Bureau of Rail and Transit’s grants website.

At least five (5) business days prior to submitting the proposed contract(s) (selected vendor(s)) to the Department of Administrative Services, the NHDOT will post the rank or score for each responding bidder on the Bureau of Rail and Transit’s grants website.

A bidder questioning the NHDOT’s identification of the selected vendor(s) may request that the NHDOT review its selection process. Such request shall be made in writing and be received by the NHDOT within five (5) business days after the rank or score is posted on the Bureau of Rail and Transit’s grants website. Request shall be sent to:

CommissionerNH Department of TransportationAttn: Intercity Bus Application Appeal7 Hazen DriveConcord, NH 03302

The request shall specify all points on which the bidder believes the agency erred in its process and shall contain such argument in support of its position as the bidder seeks to present. In response, the NHDOT shall review the process it followed for evaluating responses and, within five (5) business days of receiving the request for review, issue a written response either affirming its initial selection of a vendor or cancelling the bid. In its request for review, a bidder shall not submit, and the NHDOT shall not accept nor consider, any substantive information that was not included by the bidder in its original submission. No hearing shall be held in conjunction with a review. The outcome of the NHDOT’s review shall not be subject to appeal.

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NHDOT’s Reserved Rights

The NHDOT Bureau of Rail and Transit will select applications and award contracts to the applicants deemed most responsive to this package and subject to a final agreement on the Scope of Services, contract provisions, and availability of funds. At any time in the review process, the Bureau of Rail and Transit may request additional information or clarification in order to properly evaluate the application.

The Bureau of Rail and Transit has final approval of the routes, schedules, and communities served. A site visit to the operator’s facility may be conducted before an award of contract to ensure the adequacy of the facility and staff. The Bureau of Rail and Transit may also conduct a compliance review concerning safety, maintenance, and driver qualifications before an award of contract. As part of the review of financial viability, the applicant may be required to provide verification of financial capabilities, through submittal of certain financial records, such as bank statements, an accounts receivable statement, an accounts payable statement, and/or current tax statements.

VI. Application Instructions

The following information/documentation must be included with each application. Separate documentation must be provided for each route/feeder for which Section 5311(f) funding is requested.

Technical assistance in preparing the intercity bus application can be obtained by contacting:

Michael Pouliot, Transportation SpecialistNew Hampshire Department of Transportation7 Hazen DriveConcord, NH 03302(603) 271-4043michael.pouliot@dot.nh.gov

Table 1: Schedule of Application Process and DeadlinesTarget Dates Task/Event

January 15, 2019 Grant Application Instructions and Forms DistributedFebruary 19, 2019 Applications DueMarch 2019 Application Review Process BeginsMarch 2019 Grant ReviewApril 2019 Grant Approval/Selected Applicant(s) NotifiedJuly 1, 2019 Service Initiated

General Information

The Intercity Bus Applications must be received no later than 3:00 PM on February 19, 2019. Applications should be submitted electronically to the Bureau of Rail and Transit at michael.pouliot@dot.nh.gov.Applicants unable to submit the application electronically may submit the

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application by mail or delivery. Late applications shall not be accepted and shall automatically be disqualified from further consideration. Applications may be e-mailed/mailed or shipped to:

Michael Pouliot, Transportation SpecialistNew Hampshire Department of Transportation7 Hazen DriveConcord, NH 03302(603) 271-4043michael.pouliot@dot.nh.gov

For the NHDOT Intercity Bus Application, required materials to be submitted include:

Attachment A – Applicant Information and Project Description that addresses the applicant’s ability to meet the scope of services.

Attachment B – Marketing Plan that addresses strategies to promote the service.

Attachment C – Operating Expenses (including marketing/administration), projected revenue miles, and depreciation calculation (if applicable)

Attachment D – Invoice Template Spreadsheet

Attachment E – Federal Clauses

Attachment F – Public Notice of Application for FTA Funding, e.g., a scanned copy of the notice published in a newspaper of regional significance (Note: Due to the compressed timeframe of the application process, NHDOT will consider adjustments to applications as appropriate for applicants that receive public comments after the application due date)

Applicants seeking to provide services for more than one route or feeder connection must provide Attachments A, B, C and D for each route/service and clearly identify the different services for which funding is being requested.

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ATTACHMENT A

Attachment A of the application must include the following information:

1. Name : Provide the complete legal name of applicant and taxpayer identification number.

2. Address: Complete mailing address, location address if different, telephone number, and e-mail address.

3. DUNS Number: Include applicant’s assigned DUNS number.

4. Person Authorized to Enter into Contract : Name, title and direct telephone number of applicant representative authorized to negotiate and enter into the proposed contract.

5. Person Responsible for Service : Name, address, and direct telephone number of applicant representative who will be responsible for the services on a day-to-day basis.

6. Subcontractor(s ): For any functions that will be performed by a subcontractor, the applicant must include the subcontractor name, representative name, address, phone number, and description of the work to be performed.

7. Experience : Describe the provider’s specific abilities and experience related to the provision of intercity bus services. This should include a description of the applicant’s technical, legal and financial capacity to implement and sustain the proposed service. In terms of financial capacity, private transportation providers should provide their last two years of comparative financial statements or annual reports with the name, address, and telephone number of a contact in the company’s principal financing or banking organization. Evidence of an acceptable cost accounting system must be provided. Private transportation providers should include a copy of the certificate of authority to operate intercity bus service in New Hampshire.

8. Business License : Within thirty (30) days of being identified as a successful applicant, the provider must be licensed to conduct business in New Hampshire.

9. FMCSA Authority : Provide a signed statement of intent to acquire/maintain Federal Motor Carrier Safety Administration (FMCSA) authority and to comply with FMCSA requirements for insurance coverage.*

10. NBTA Membership : Provide statement of intent to obtain membership in the National Bus Traffic Association (NBTA) no later than the second year of the contract and to become an interline carrier with other intercity bus carriers.*

11. Current Operations : Provide existing fleet and employee information, including number and type(s) of vehicles and the number of employees. Describe the nature of your operations, e.g. fixed-route urban transit, regional, intercity, rural transit, commuter, charter or tour service, and the approximate proportions of each.

*If previously obtained, provide evidence in application.

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12. Approach To Meeting Scope of Services

Applicants should describe their approach to providing the intercity bus services addressed in this application package and/or other intercity bus services for which there is interest in providing. Note that where applicable, information should be provided for only the New Hampshire segment of the service. This description must include the following:

Indicate the route for which service is proposed. Note if applicant/provider is currently funded by NHDOT to serve this route.

Description of intercity services to be provided, including a route plan (highway specific) showing the communities to be served and a timetable, detailing the times of service to each listed stop and major origins and destinations.

Identification of passenger facilities that will be used in the various communities, bus stops and facilities to be used for bus stops/ticketing.

Identification of connecting points, allowing passengers access to the National Intercity Bus Network. Include schedule of these connections. Note connections that are proposed to major cities outside New Hampshire.

If the proposed route connects with another carrier or is fed by a connector, identify the name of the other carrier/connector and briefly describe its service route.

Identification of the facility where the service is to be based (i.e., where are the vehicles based, where is the maintenance performed?).

Identification of vehicles and maintenance plan. Include a listing of the specific vehicles that will be used to operate the services. This listing should include vehicle manufacturer, year manufactured, and passenger seating capacity of each vehicle. Back-up vehicles must also be indicated. Vehicles must be compliant with all FMCSA and ADA requirements, including wheelchair accessibility, and document that staff are properly trained in the use of the accessible features. The international accessibility symbol should be included on the schedule to denote that the service is accessible to those using wheelchairs and other mobility devices. The applicant’s maintenance plan should be described as well as the plan for dealing with service interruptions due to vehicle breakdowns, severe weather conditions, etc. This should include, but not be limited to, provision of food and/or hotel accommodations for affected passengers.

Identification of the staff that will be used to provide the service, including an organizational chart which shows the responsibilities of each staff member.

Description of the method(s) by which communications will be conducted between the base operations center/dispatch and the route vehicles.

Description of how baggage and bicycles will be accommodated.

Explanation of relationship to any existing public transportation services in service area, particularly coordination with local general public and human service transportation providers.

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Description of efforts to meet the transportation needs of persons with disabilities (ADA), specifically meeting the equivalent service requirements as defined by 49 CFR Part 37.105 and Subpart G 49 CFR Part 38, Over-the Road Buses and Systems. Concentrations of ethnic minority people and non-English speaking people in the service area should be noted along with a description of efforts to meet their transportation needs.

Identification of level of insurance coverage proposed for services and documentation that the provider can obtain and maintain the liability insurance required to provide the services in this application. To satisfy this requirement, the provider should submit a copy of their insurance policy or a letter from insurance agency stating that it will issue insurance to the provider upon application at required minimum levels. An insurance company authorized to do business within the State of New Hampshire shall issue the insurance required above. Insurance is to be placed with a carrier that has an A.M. Best rating of A- or higher. The risk manager for the State of New Hampshire must approve any exception.

Description of ticketing and schedules, which is to include a discussion on service coordination with other carriers and how ticket agents will be secured. The application should also include the expected passenger ticket price between the major stops served on the route, as well as anticipated annual revenues from passenger ticket sales and freight/package express. Describe any special fares offered and who are eligible.

Projection of ridership on proposed services, including estimates for each ticketing station.

Projection of total passenger miles to be generated by services.

Estimation of annual vehicle miles of travel to provide the intercity services.

Verification that cost to operate service has been determined by utilizing a fully allocated cost procedure. Describe the factors used to determine the fully allocated cost per mile.

14. Most Current Copy of Independent Financial AuditUpon request by NHDOT, applicants must provide a copy of their most current internal independent audit of any and all financial records and activities to ensure appropriate oversight and compliance with all legal and 5311(f) regulatory requirements.

Audits should identify proper financial internal controls to all financial transactions including but not limited to:

1. investment of funds; 2. cash receipting and disbursement; 3. tax reporting; 4. general ledger accounting; 5. grant accounting; 6. purchasing transactions 7. employee expense reporting; and 8. all other financial transactions executed by the company

Audits must be completed no later than (2) years prior to the submission of the 5311(f) application.

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Any audit findings that have been identified within the audit without proper documentation of corrective action being implemented by the applicant could impact application approval.

ATTACHMENT B

Attachment B of the application must include the following information:

Marketing Plan

Marketing of the service is of major importance as increased ridership resulting from effective marketing directly affects the success of the service. The operator is to develop and implement a marketing plan to promote and advertise the bus service. It is required that the service be marketed locally. This plan is to include but is not limited to:

A description of the type of advertising and marketing activities that will be conducted, including which media will be used;

The frequency that the advertising will run, specific to each media to be utilized; and Procedures for development and distribution of a schedule/brochure to appropriate locations.

ATTACHMENT C

NHDOT Section 5311(f) Project Budget

Separate Excel Workbook – Attached with 5311(f) Application

ATTACHMENT D

Invoice Template Spreadsheet

Separate Excel Workbook – Attached with 5311(f) Application

ATTACHMENT E

Federal Clauses

Attachment F

Public Notice of Application

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