Request for Proposals for Professional Management

REQUEST FOR PROPOSALS

FOR

PROFESSIONAL MANAGEMENT, OPERATION, AND MAINTENANCE SERVICES FOR THE COUNTY OF WESTCHESTER’S BEE-LINE BUS SYSTEM

ISSUE DATE: September 23, 2013 DUE DATE: November 22, 2013 at 3:00 P.M.

Issued By:

Jay T. Pisco Commissioner

Westchester County Department of Public Works and Transportation 148 Martine Avenue, 5th Floor White Plains, New York 10601

1.0. PROPOSAL INFORMATION

The County of Westchester (the “County”) is seeking proposals from firms with the technical expertise and experience necessary to professionally manage, operate, and maintain the County’s Bee-Line Bus System (the “Bee-Line System” or the “Bee-Line”), including, but not limited to, all of its routes, buses and other vehicles and equipment, and its two facilities (i.e., the Central Maintenance Facility in Yonkers, New York and the Cerrato Satellite Bus Facility in Valhalla, New York; collectively, the “County Garages”), as further described in this Request for Proposals (“RFP”), in accordance with all applicable laws, rules and regulations and industry best practices (the “Work”).

The term of any agreement(s) resulting from this RFP is anticipated to be five (5) years, commencing on January 1, 2014 (or such later date on or before January 1, 2015 as the County may, in its sole discretion, decide), with the County having the sole option to renew the agreement(s), on the same terms and conditions, for another five (5) years, subject to the approval of the Westchester County Board of Acquisition and Contract.

Contract execution(s) will take place prior to the commencement of the Work and prior to the commencement of the term of the agreement(s). Therefore, the contract(s) will contain an execution date, which shall be when the parties have fully executed the agreement(s) (the “Execution Date”), and a commencement date, which shall be the date that the Successful Proposer will commence the Work (the “Commencement Date”, e.g., 12:01 a.m. on January 1, 2014, when the County’s current contracts for the Work expire, or such later date as the County may, in its sole discretion, decide). After the Execution Date, the Successful Proposer will be required to take all steps necessary to prepare for smooth transition of services from the current contractors to the Successful Proposer, including but not limited to obtaining the necessary certificates of public convenience and necessity that are issued by the New York State Department of Transportation (“NYSDOT”), pursuant to Section 154 of the New York State Transportation Law, in order to operate all the routes that comprise the Bee-Line system (“NYSDOT Certificates”). The County will not reimburse the new Successful Proposer for any costs incurred during the transition, but only for services provided on and after the Commencement Date which shall begin the term of the Agreement.

The term “Successful Proposer” when used herein shall mean the proposer who is selected as a result of the competitive procurement being conducted through this RFP process and who executes a contract with the County for each part (as described below) of the Work.

Copies of this Request For Proposals (“RFP”) may be downloaded from the County of Westchester (the “County”) website for RFPs: http://www.westchestergov.com/rfp under “Bee- Line Services”

Special Notices ALL PROPOSERS SHALL TAKE NOTICE OF THE FOLLOWING:

The County shall utilize federal and state grants to pay for a portion of the Work. Therefore, in preparing a proposal, a proposer must take into consideration all obligations and assurances that are required by such federal and state grants and develop a proposal that ensures that the County remains in compliance with the same.

In particular, in order to receive federal assistance for the purchase of mass transportation equipment, the County has, since the adoption of Resolution No. 152-1976 by County Board of Legislators, taken all measures necessary to comply with Section 13(c) of the Urban Mass Transportation Act of 1964, as amended, (now codified at 49 U.S.C. 5333(b)) to ensure that transit employee protective arrangements are in place. Accordingly, a proposal submitted in response to this RFP must not cause any transit employee entitled to such protection by the County to be adversely affected in any way. In addition, if the actions of the Successful Proposer cause any liability for the County with regard to such employee protective arrangements, the Successful Proposer will be required to indemnify the County for any costs, expenses or losses resulting from such liability. Please see Section 2.1.5 below for further information.

In addition, to the extent that the Successful Proposer acts as the County’s agent to procure anything for the purpose of providing the Work, the Successful Proposer will be required to do so in accordance with all procurement laws, rules, regulations, and related guidance that apply to the County, including, where applicable, the Third Party Contracting Guidance contained in Circular 4220.1F (or any successor circular) of the United States Department of Transportation’s Federal Transit Administration (“FTA”).

The County does not currently hold the NYSDOT Certificates for the routes served by the Bee- Line. Rather, the current Bee-Line contractors hold the NYSDOT Certificates. Prior to the Commencement Date, the Successful Proposer must obtain such certificates from NYSDOT as are necessary for the Bee-Line routes that it will be operating.

The Bee-Line is currently operated by two contractors: Liberty Lines Transit, Inc. (“Liberty”) and PTLA Enterprise, Inc. (“PTLA”). Liberty has alleged that it is entitled to certain rights under federal and state law, including the right to compensation by the County, if a contract for services for the bus routes for which Liberty currently holds NYSDOT Certificates is awarded by the County to any party other than Liberty, and that the County will owe compensation for Liberty’s tangible and intangible assets. PTLA has not yet made similar allegations, but may do so in the future.

In addition, trustees of the TWU-Westchester Private Bus Lines Pension Plan (the “Trustees”) allege that, if Liberty were to not be awarded a contract based on this RFP, this could be construed as a mass withdrawal under the Multi-employer Pension Plan Amendments Act of 1980 (“MPPAA”), creating a withdrawal liability of $231,759,292, with potential liability for the County, regardless of whether the Successful Proposer agrees to continue all existing union benefits including existing pension contributions, and an immediate interim payment liability of

approximately $9,000,000 annually.

To the extent that Liberty and/or the Trustees make any claim for compensation against the County if the contract for the portion of the Work currently performed by Liberty is awarded to any party other than Liberty, the Successful Proposer will be required to defend and indemnify the County against any such liability, including but not limited to any liability whatsoever under MPPAA, at the Successful Proposer’s sole cost and expense, and post a bond prior to the execution of a contract to secure this obligation in the amount of Twenty Million Dollars ($20,000,000.00), which shall be in a form approved by the County Attorney. The bond underwriter or surety must appear on the United States Treasury Department’s listing of approved sureties (as specified in its Department Circular 570) and all sureties must be licensed to transact business in New York as a surety company. The County will agree to provide the Successful Proposer with all reasonable and necessary assistance to conduct a defense against Liberty’s or the Trustee’s claims, such as access to any relevant County documents or personnel.

To the extent that PTLA and/or the Trustees make any claim for compensation against the County if the contract for the portion of the Work currently performed by PTLA is awarded to any party other than PTLA, the Successful Proposer will be required to defend and indemnify the County against any such liability, including but not limited to any liability whatsoever under MPPAA, at the Successful Proposer’s sole cost and expense, and post a bond prior to the execution of a contract to secure this obligation in the amount of One Million Dollars ($1,000,000.00), which shall be in a form approved by the County Attorney. The bond underwriter or surety must appear on the United States Treasury Department’s listing of approved sureties (as specified in its Department Circular 570) and all sureties must be licensed to transact business in New York as a surety company. The County will agree to provide the Successful Proposer with all reasonable and necessary assistance to conduct a defense against PTLA’s or the Trustee’s claims, such as access to any relevant County documents or personnel.

1.1. Bee-Line System Background

Westchester County is located immediately north of New York City, abutting the Bronx, and encompasses 450 square miles. Three Metro-North Railroad commuter rail lines connect Westchester to New York City, Putnam County, Dutchess County, and parts of eastern Connecticut.

The Bee-Line System operates as the bus system in Westchester County. The Bee-Line operates in both suburban and urban areas of the County, as well as portions of the Bronx, Manhattan, and Putnam County. The population of its service area within Westchester County is approximately 950,000 people.

The County’s Department of Public Works and Transportation (“DPW&T”) provides management oversight of the Bee-Line System and currently contracts fixed-route operations with two contractors: Liberty and PTLA.

The County currently operates a network of 59 routes, consisting of 32 local routes, 11 express routes, and 16 commuter feeders. In addition, there are 28 routes which operate only during the

school year. PTLA operates three (3) routes; Liberty operates the other 56 routes as well as the school service. Scheduled service on fixed routes is provided weekdays from approximately 5:00 a.m. to 2:00 a.m. Saturday scheduled service is operated from approximately 5:30 a.m. to 2:00 a.m. and Sunday scheduled service is operated from approximately 5:30 a.m. to 1:00 a.m. The Bee-Line System is oriented around hubs in Mount Vernon, New Rochelle, White Plains, and Yonkers.

The County owns a fleet of 329 buses for fixed-route service, along with 20 supervisory vehicles. Its bus fleet consists of 60-foot articulated buses, 40-foot hybrid buses, 30-foot transit vehicles, and 40-foot transit coaches. The current peak requirement is 275 vehicles.

The Bee-Line System predominantly operates from the two aforementioned transit-dedicated, County-owned garages: the Central Maintenance Facility and the Cerrato Satellite Bus Facility. The Central Maintenance Facility is located at 475 Saw Mill River Road in Yonkers, New York and serves as the primary depot and maintenance facility. The Cerrato Satellite Bus Facility is located on the County’s Valhalla Campus at Grasslands in Mt. Pleasant, New York, and provides storage and light maintenance for approximately 100 vehicles. Both of those facilities are currently leased by the County to Liberty. PTLA currently leases a privately-owned garage in Peekskill, from which it operates three routes.

In 2012, the Bee-Line System carried 32,117,817 passengers, a 1.7% increase over 2011. Service hours for 2013 are expected to total 834,264; service miles are expected to total 10,202,316.

The County is in the final implementation phase of an automated vehicle locate system; automated passenger counters are installed on 88 buses; a Trapeze transit information management system is in place; and video cameras are installed on 247 buses. The County is also undertaking a bus signal priority program involving traffic signals in the Central Avenue Corridor. Installation of bus signal transponders is expected to begin on the 78-vehicle articulated bus fleet by the end of 2013.

The Bee-Line System is part of the Metropolitan Transportation Authority (“MTA”) MetroCard fare structure. The base fare for fixed-route bus service is currently $2.50. A reduced fare of $1.25 is offered to the elderly, persons with disabilities and Medicare cardholders. The fare on one route, the BxM4C, has an express bus fare of $7.50, with a half-priced fare during off-peak hours.

Fares are collected either in cash or electronically through MetroCard. Cubic fareboxes are installed on the vehicles and a depot computer with vehicle probing capability is in use at each of the County Garages.

Public information about the Bee-Line System, including a telephone information system, web site, and on-route ride guides, is controlled by DPW&T.

The revenue amounts for the Westchester County Bee-Line service for the past 3 years are as follows:

Total Cash 2010: $43,018,598 $14,585,794 2011: $45,753,902 $14,789,725 2012: $45,779,901 $14,516,363

A 2012 route analysis for Bee-Line Routes is included as Schedule “I”.

Please be advised that DPW&T has instituted the following payment process and payment timeframe for payments to the Successful Proposer providing services related to the Bee-Line System: 1. The Successful Proposer submits a monthly voucher, for contracted services, to the County by the 5th of the month for the preceding month’s service. 2. DPW&T verifies the monthly voucher amounts against the County’s contract with the Successful Proposer. 3. DPW&T submits the monthly voucher to the County’s Department of Finance. 4. The County’s Department of Finance processes payment within ninety (90) days after receiving the monthly voucher from DPW&T.

Please also be advised that advance payments are not being considered at this time, however, the County, in its sole discretion, may make advance payments to the Successful Proposer in order to ensure that the Successful Proposer’s cash flow is appropriate to perform the Work.

Please further be advised that the County separately procures a contract with a vendor for the placement of exterior and interior advertising on the buses that comprise the Bee Line System. Accordingly, the Successful Proposer will be required to provide access to, and space within, the bus garages for such a vendor.

1.2. Minimum Qualifications

In order to ensure that the Bee-Line System will operate properly and service to its riders will not be compromised during the term of an agreement resulting from this RFP, each proposer must meet the following minimum qualifications: 1.) The proposer must have a minimum of five (5) years of experience in the provision of public bus services similar to the Work, on a scale similar to that of the Bee-Line System. 2.) The proposer (including any partner, parent, subsidiary or affiliate corporate entity or partnership, or any person with a minimum of 50% ownership interest in the corporate entity or partnership) may not have, within the past five (5) years, filed for bankruptcy protection. 3.) The proposer must demonstrate that it has sufficient working capital to perform the Work and to obtain anything required for its performance of the Work. To demonstrate sufficient working capital, a proposer must demonstrate available cash or line of credit or

other investment of at least twenty-five percent (25%) (based on County’s 90-day payment timeframe, as specified in Section 1.1) of the annual amount of its price proposal. Such demonstration must be made by providing the County with detailed information regarding the type (revocable or irrevocable) of line of credit, along with a letter from the bank issuing any such line of credit. In determining each proposer’s compliance with this sufficient-working-capital requirement, the following formula will be used by the County: (Cash/Cash Equivalents) + (Accounts Receivable <90 Days – Accounts Payables) + (Stand-by Letter of Credit) >= 25% of annual amount of proposer’s price proposal.

1.3. Procurement Schedule

RFP Issue Date: September 23, 2013 Pre-Proposal Conference, Fleet Review and Bus Facilities Tours: October 2, 2013 (session #1) October 3, 2013 (session #2) Deadline for Receipt of Requests for Clarification: October 18, 2013 Responses to Requests for Clarification Issued: November 8, 2013 Proposal Due Date: November 22, 2013 Proposal Evaluation & Selection: November 25 – December 13, 2013 Selection of a Proposer: December 16, 2013

1.4. Pre-Proposal Conference, Fleet Review, and Bus Facilities Tour

Attendance at the Pre-Proposal Conference, Fleet Review, and Bus Facilities Tour is MANDATORY

Two (2) sessions of a pre-proposal conference, fleet review, and bus facilities tour will be held by DPW&T. Session #1 will be held at 9:00 A.M. on October 2, 2013 and Session #2 will be held at 9:00A.M. on October 3, 2013. Both sessions will cover the same material and any entity planning to submit a proposal must attend and must notify DPW&T of their intent to attend by sending an e-mail indicating which session they will attend to [email protected]. For each session, all attendees will meet DPW&T at its offices at 100 East First Street, Mt. Vernon, New York. After the conference at DPW&T’s offices, the guided fleet review and bus facilities tour will take place at the Central Maintenance Facility at 475 Saw Mill River Road, Yonkers, New York at 10:00 AM and at the Cerrato Satellite Maintenance Facility at 2:00 PM.

Please note that no questions will be answered during the site visits. They should be submitted in writing. In addition, no photographs will be allowed to be taken at either of the facilities.

1.5. Requests for Clarification

All requests for clarification concerning this RFP must be addressed in writing to the following:

Jay T. Pisco, P.E., Commissioner Department of Public Works and Transportation County of Westchester 148 Martine Avenue White Plains, New York 10601 E-Mail: [email protected]

Requests for clarification must be received by October 18, 2013. Each request for clarification must cite the particular section and paragraph to which the request for clarification pertains. On or before November 8, 2013, responses to all requests for clarification will be posted on the County’s website for RFPs, at: http://www.westchestergov.com/rfp.

NO COMMUNICATIONS OF ANY KIND WILL BE BINDING AGAINST THE COUNTY, AND NO COMMUNICATIONS OF ANY KIND MAY BE RELIED UPON BY A PROPOSER, EXCEPT FOR THE FORMAL WRITTEN RESPONSES TO ANY FORMAL WRITTEN QUESTIONS.

1.5. Protest Procedures

A proposer may, pursuant to federal laws, rules, regulations, and related guidance, file a protest concerning this RFP. Protests shall be handled in accordance with DPW&T’s Vendor Protest Procedure, a copy of which will be provided upon request. All requests for a copy of the Vendor Protest Procedure shall be directed to the contact person listed above for requests for clarification.

1.6. Proposal Submission

Each proposer must submit one (1) original and ten (10) copies of its proposal to:

Jay T. Pisco, P.E., Commissioner Department of Public Works and Transportation County of Westchester 148 Martine Avenue White Plains, New York 10601

Each proposer’s proposal must be in a sealed envelope clearly marked: "Proposal – Bee-Line Services."

A proposer may submit a proposal for only Part A of the Work, only Part B of the Work, or individual proposals for both Part A and Part B of the Work (as “Part A” and “Part B” are defined below, in Section 2).

Each proposer’s proposal must include all of the items required under Section 3 of this RFP. Proposals that do not contain all the required items will not be reviewed or considered. Please be sure to include all of the required items.

Each proposer’s proposal MUST be signed. Unsigned proposals will be rejected. The proposal’s cover letter (as described in Section 3) must be signed by an official authorized to bind the proposer to its provisions. The cover letter must state whether the proposal is only for Part A of the Work, or only for Part B of the Work, or individual proposals for both Parts A and B of the Work (as “Part A” and “Part B” are defined below, in Section 2).

No proposer may withdraw its proposal within 120 days of the due date for proposals. The material terms of the proposal must not change during such 120 day period.

The original and all copies of each proposer’s proposal must be received by the County by the stated due date. The County is not responsible for any internal or external delivery delays that may cause the proposer’s proposal to arrive beyond the deadline.

No proposal will be accepted from nor any agreement awarded to any proposer that is in arrears upon any debt or in default of any obligation owed to the County. Additionally, no agreement will be awarded to any proposer that has failed to satisfactorily perform pursuant to any prior agreement with the County.

1.7. Additional Information Required After Proposal Submission

One or more proposers may subsequently be required to give an oral presentation to the County to clarify or elaborate on the written proposal; provide the County with additional information that may be requested by the County; and/or permit and facilitate an on-site visit by the County to the proposer’s place of business and/or other locations at which the proposer is providing public bus services similar to the Work.

1.8. RFP Amendments or Addenda

Should the County find it necessary to amend this RFP and/or issue any addenda, such documents will be posted to the County’s website for RFPs: http://www.westchestergov.com/rfp

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2.0. SCOPE OF WORK / MINIMUM PROPOSAL REQUREMENTS

As described above, the Work consists of professional management, operation, and maintenance of the Bee-Line System, including, but not limited to, all of its routes, buses and other vehicles and equipment, and the County Garages. Under this RFP, the County is soliciting the Work in two parts: A. Professional management, operation, and maintenance of the Bee-Line System for the three (3) routes (specified in Schedule “G”), which involves the professional management, operation, and maintenance of buses and other vehicles, as well as related equipment, as described in Section 1.1 (“Part A”); and B. Professional management, operation, and maintenance of the Bee-Line System for the fifty-six (56) major routes, as well as all twenty-eight (28) routes that operate only during the school year, (specified in Schedule “G”), which involves the professional management operation, and maintenance of buses, other vehicles, related equipment, and the County Garages, as described in Section 1.1 (“Part B”).

In most respects, the scope of work for Part A and Part B will be the same. The scope of work that is applicable to both Part A and Part B is detailed in Section 2.1, below. The scope of work that is only applicable to Part A is detailed in Section 2.2, below. The scope of work that is only applicable to Part B is detailed in Section 2.3, below.

The Successful Proposer for both Part A and Part B of the Work will be required to provide professional management, operation, and maintenance that conform to at least the below- described minimum requirements and standards.

The Successful Proposer for both Part A and Part B will also be required to perform the Work, and provide services related thereto, in accordance with all of the County’s requirements and in compliance with all applicable local, state, and federal laws, regulations, rules, and related guidance.

As part of this obligation, the Work includes, but is not limited to, compliance with certain Standard Terms and Conditions required by USDOT, whether or not expressly set forth herein. All contractual provisions required by USDOT, as set forth in FTA Circular 4220.1F, are hereby incorporated by reference into the scope of work in Section 2.1. 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 RFP and resulting Agreement. The successful proposer will be solely responsible for determining what it must do and/or refrain from doing in order to comply with all applicable local, state, and federal laws, regulations, rules, and related guidance, and the successful proposal shall not perform any act, fail to perform any act, or refuse to comply with any County request, which would cause the County to be in violation of the FTA terms and conditions, or any other applicable local, state, or federal laws, regulations, rules, or related guidance.

2.1. Scope of Work for both Part A and Part B of the Work

The transit service consists of providing bus service to the public on designated routes and schedules utilizing the County-supplied buses and vehicles. The County will license or lease vehicles for the operation of the bus system to the successful proposer(s). The successful proposer will be required to sign separate agreements with the County for these licenses or leases of equipment. Such agreements will be coterminous with the agreement(s) resulting from this RFP. The Successful Proposer will be responsible for providing the personnel to operate and maintain the vehicles and support equipment, as well as performing all administrative tasks related to the operation. The County identified service shall be provided to the public by the Successful Proposer contingent upon the receipt of contract carrier operating authority from the New York State Department of Transportation (i.e., NYSDOT Certificates). All costs associated with receiving operating authority shall be the sole responsibility of the Successful Proposer.

The bus routes that are intended to be operated under Part A of the Work and Part B of the Work are listed in Schedule “G”. Service levels vary considerably between the commencement of the school year in September of each year, and June, when modifications are routinely made to reflect the end of the school year. In addition, the Bee-Line operates seasonal service in the summer to Playland Amusement Park.

The list of buses and other vehicles intended to be operated as under Part A of the Work and Part B of the Work is included in Schedule “H”.

With regards to Part A and/or Part B of the Work, the Successful Proposer shall provide the personnel, parts, equipment (except buses, other vehicles, and related equipment specifically identified by the County); and any necessary real property to carry out the work (except for the County Garages for only Part B of the Work), supplies and supervision necessary to perform all of such Work and maintain service continuity in accordance with the requirements of this RFP.

2.1.1. Performance Bond

The Successful Proposer will be required to post a performance bond, in a form approved by the County Attorney, and executed by a surety company authorized to do business in the State of New York, in an amount equal to ten percent (10%) of the proposed Contract price for the first year of the Work as proposed by the Successful Proposer. The bond underwriter or surety must appear on the United States Treasury Department’s listing of approved sureties (as specified in Department Circular 570) and all sureties must be licensed to transact business in New York as a surety company. This performance bond shall be submitted to the County by the Successful Proposer at the time of contract execution. PLEASE NOTE: The Performance Bond is a separate bond from the bonds required to secure the defense and indemnification requirements described in the Special Notices and Section 2.1.4 below.

2.1.2. Insurance

For Part A of the Work, the Successful Proposer shall comply with Schedule “E-1” as the controlling minimum insurance requirements for the contract for such work (and any related agreements) to be entered into by the County and the Successful Proposer. For Part B of the

Work, Schedule “E-2” shall be the controlling minimum insurance requirements for the contract for such work (and any related agreements) to be entered into by the County and the Successful Proposer. If the same proposer is awarded the contracts for both the Schedule A and Schedule B Work, then Schedule “E-2” shall be the controlling minimum insurance requirement for the contract for such work (and any related agreements).

2.1.3. Operating Authority

As described above in Section 1.0, the County does not hold the NYSDOT Certificates (see Section 1.0 above). Accordingly, upon execution of any agreement resulting from this RFP, the Successful Proposer will be required to apply for and receive the NYSDOT Certificates to operate all the routes that comprise the routes of the Bee-Line system that the Successful Proposer for the Part A and/or the Part B Scope of Work is to be operating. The Successful Proposer must hold the NYSDOT Certificates necessary to complete Part A and/or Part B of the Work (depending on which Part the proposer is submitting a proposal for) throughout the duration of any agreement.

2.1.4. Defense and Indemnification for Claims by Liberty and/or PTLA

As described above in Section 1.0, Liberty has alleged that it is entitled to certain rights under federal and state law, including the right to compensation by the County, if a contract for services for the bus routes for which Liberty currently holds the NYSDOT Certificates is awarded by the County to any party other than Liberty, and that the County will owe compensation for Liberty’s tangible and intangible assets. PTLA has not yet made similar allegations, but may do so in the future.

In addition, the Trustees allege that, if Liberty were to not be awarded a contract based on this RFP, this could be construed as a mass withdrawal under MPPAA, creating a withdrawal liability of $231,759,292, with potential liability for the County, regardless of whether the Successful Proposer agrees to continue all existing union benefits including existing pension contributions, and an immediate interim payment liability of approximately $9,000,000 annually.

To the extent that PTLA and/or the Trustees make any claim for compensation against the

County if the contract for the portion of the Work currently performed by PTLA is awarded to any party other than PTLA, the Successful Proposer will be required to defend and indemnify the County against any such liability, including but not limited to any liability whatsoever under MPPAA, at the Successful Proposer’s sole cost and expense, and post a bond prior to the execution of a contract to secure this obligation in the amount of One Million Dollars ($1,000,000.00), which shall be in a form approved by the County Attorney. The bond underwriter or surety must appear on the United States Treasury Department’s listing of approved sureties (as specified in its Department Circular 570) and all sureties must be licensed to transact business in New York as a surety company. The County will agree to provide the Successful Proposer with all reasonable and necessary assistance to conduct a defense against PTLA’s or the Trustee’s claims, such as access to any relevant County documents or personnel.

2.1.5. Unionized Transit Employees and Transit Employee Protective Arrangements

Liberty and PTLA have contracts in place with Local 100 of the Transport Workers Union (the “TWU Contract”). The TWU Contract is understood to memorialize the transit employee protective arrangements that are in place in order for the County to receive federal assistance, as described above in Section 1 under “Special Notices”. Therefore, in order to ensure that the requisite transit employee protective arrangements remain in place, the Successful Proposer will be required to assume the TWU Contract, which does not expire until February 29, 2016. The Successful Proposer will, in general, agree to comply with, and maintain, applicable transit employee protective agreements, in order to meet the employee protective requirements of 49 U.S.C. 5333(b) and the United States Department of Labor regulations codified at 29 C.F.R. part 215, and any amendments thereto.

As described above in Section 1 and this section, the Successful Proposer will be required to neither take nor fail to take any action which will cause any transit employee entitled to transit employee protective arrangements to be adversely affected in any way. If the actions of the Successful Proposer cause any liability for the County with regard to the transit employee protective arrangements, the Successful Proposer will be required to defend the County against, and indemnify the County for, any such liability.

2.1.6. Trapeze Schedule and Information Management System

Due to the major investment the County has already made in system technology, proposers should have experience in the operation and use of a Trapeze scheduling and information management system, an ACS vehicle locate system, a Motorola radio system, and Cubic fare box equipment or reasonably demonstrate how they will obtain such skills prior to the commencement of the Agreement.

2.1.7. Articulated Bus Re-Build

The County, through one of its current vendors, is in the process of a vehicle rebuild of its articulated bus fleet. Parts have been purchased by the County. The Successful Proposer must be willing and able to continue the rebuild.

2.1.8. Bike Racks

None of the buses in the Bee-Line System are currently equipped with bike racks. The Successful Proposer may be asked to participate in a pilot program for the inclusion of bike racks on buses.

2.1.9. Advertising on Buses

The Successful Proposer must state that they recognize that the County has in place a contract with a private vendor for the placement of exterior and interior advertising on the buses (and will continue to procure such services separately during the term of any agreement(s) resulting from this RFP), and must agree to make available to such vendor sufficient access to, and space within, the bus garage(s) used by the Successful Proposer in order for the vendor to carry out its work.

2.1.10. Minimum Requirements for Management and Operation

The minimum requirements set forth in this Section 2.1.10 are the minimum requirements. However proposers are encouraged to submit proposals that exceed these minimums.

2.1.10.1. Supervision

The Successful Proposer will provide continuous daily road supervision at a level and scope sufficient to professionally manage all Bee-Line System services in accordance with industry best practices. Functions shall include the monitoring of schedule adherence, on-street operation, on-route compliance, proper implementation of County policies and procedures, compliance investigations and interacting with transit passengers and the public. Road supervision shall be present at all times when service is scheduled to operate; voice communications with drivers and base of operations are to be maintained. The County will reserve the right to monitor and evaluate all services and operations at its discretion and to provide similar investigations and adherence checks of its own without notice, to ensure the Successful Proposer’s compliance with the terms of the subsequent contract for the Work.

2.1.10.2. ADA Passengers and Service Interruptions

When Americans with Disabilities Act of 1990, as amended, (“ADA”) eligible passengers requiring a lift or ramp are stranded due to bus service interruptions or other legally recognized causes, the Successful Proposer will be required to establish a process pursuant to which they will provide an effective rescue system that is ADA compliant.

The Successful Proposer will be required to document all ADA passenger assistance calls, including location, time of initial call, time of pickup, and any comments. Incidents when such a disabled person is stranded and the implementation of the rescue system shall be included in each day’s Service Provision Report (as defined below).

2.1.10.3. Route and Schedule Planning

The County will be responsible for authorizing route and schedule planning for the Bee-Line Bus System. The Successful Proposer will meet with the County no less than once each quarter to review ridership levels, schedule adherence, and service parameters, and to discuss potential service changes. The Successful Proposer will be responsible for providing the County with a price-out of potential modifications to service and will develop schedules to most efficiently and cost effectively provide the service with appropriate equipment. Such price-out shall be based upon the verified increase or decrease in costs attributable to such route changes which are based on any deviation from the schedule that is attached to the contract executed by the parties, upon which the Successful Proposer’s contract price is based. The Successful Proposer will be required to provide the County with documentation that reasonably demonstrates the increase or decrease in costs due to such route changes.

2.1.10.4. Service Obligations

In providing the Work, the Successful Proposer will be required to comply with all applicable requirements, rules and regulations of the Occupational Safety and Health Administration (“OSHA”), and all other Federal, State and local safety laws, regulations, permits, codes, and other ordinances.

The Successful Proposer will be required to make every effort to maintain service, without compromising safety, during major snowstorms and similar inclement weather.

The Successful Proposer will be required to provide such facilities, equipment and personnel as may be necessary to provide transportation services for the response to a public emergency and/or participate in any necessary training exercises for such a response, as such responses and/or training exercises may be specified in various emergency plans of the County or otherwise. An hourly fee for the provision of these services shall be quoted in Schedule “F”, as described in Section 3.1.

The County reserves the right to require the Successful Proposer to adjust service at any time. Modifications to service may include, but are not limited to, extending, delaying, adding, or deleting one or more routes or parts of routes, and expanding or decreasing scheduled revenue hours. The addition or deletion of routes will result in price adjustments in accordance with the procedure specified in Section 2.1.10.3.

2.1.10.5. County-Owned Buses

The buses provided by the County are the only buses to be used for revenue service and directly related activities (deadheading, repairs, etc.). The Successful Proposer shall sign either a separate lease or license with the County to be able to utilize the County’s buses and related equipment or a lease or license provision will be incorporated into the contract for the Work. Should the need exist for the Successful Proposer to license or lease additional buses to meet service demands, such vehicles may only be used upon authorization by the County.

County-owned buses may only be used for the Work. Provision of public transportation using

County-owned buses may only be made in accordance with all applicable laws, rules, and regulations of the FTA and any other governmental entities with appropriate jurisdiction. Should vehicles be required to meet a public safety emergency, they may only be dispatched upon authorization by the County.

2.1.10.6. Managing Service Delays and Interruptions

The Successful Proposer will be required to implement and continually improve policies, strategies, and procedures to prevent, monitor, and mitigate service delays and interruptions in excess of ten (10) minutes, regardless of cause. The Successful Proposer will be required to provide the County with its plan for preventing, monitoring, and mitigating service delays and interruptions, and confer with the County on that plan.

2.1.10.7. Fare Collection Recovery and Equipment Maintenance

The Successful Proposer shall be required to properly train all operators on the fare policy and fare collection equipment operations. Operators shall enforce the fare policy with appropriate judgment. Bus operators are not to engage in disputes with passengers over the fare requirement. Buses with inoperable fare collection equipment shall not to be placed in service. The Successful Proposer will be required to immediately repair or remove from service any bus with inoperable fare collection equipment. A bus with inoperable fare collection equipment may be kept in service only if there are no spare buses available for replacement. However, the Successful Proposer will be required to reimburse the County for the forgone revenue, which shall be calculated from historical data.

The Successful Proposer will be responsible for the collection and tabulation of cash fare box revenue. Cash fare box revenue will be kept by the Successful Proposer as a payment by the County for the Work provided by the Successful Proposer under its contract with the County. Each monthly payment to the Successful Proposer will be for the amount owed for that month under the contract between the County and the Successful Proposer, less the cash revenue collected, and kept, by the Successful Proposer.

The Successful Proposer will be responsible for the daily probing of the fare collection system of each bus to ensure transmission of all MetroCard fare information to the New York City Transit Authority.

2.1.10.8. Accidents/Incidents Notification Requirement and Complaint Procedures

The term “accident” is defined in the Federal Motor Carrier Safety Regulations, in 49 CFR Part 390.5, entitled “Definitions”, and the term “Accident”, as used in this RFP, shall have the same meaning. The Successful Proposer shall report to the County, on a monthly basis, all major safety and security incidents, as well as any non-major safety and security incidents, per the reporting thresholds outlined in the National Transit Database (NTD) Safety and Security Reporting Manual. The County shall be notified immediately of any major safety and security incidents as defined by the National Transit Database, when any media respond to any incident scene, or as directed by the County. Furthermore, the Successful Proposer shall develop,

implement and maintain formal procedures, subject to the County’s approval, for responding to accidents, incidents (e.g., item thrown at bus), service interruptions, and complaints..

Each accident involving a County bus, irrespective of injury, shall be reported to the local police and then to the County. The Successful Proposer will comply with all procedures required by federal laws, rules, or regulations concerning drug and alcohol testing.

The Successful Proposer shall employ at least one (1) person certified in a comprehensive accident investigation program approved by NYSDOT’s Public Transportation Safety Board.

2.1.10.9. Performance Requirements

The Successful Proposer will be subject to liquidated damages based on the performance standards specified in the contract with the County for the Work. The performance standards subject to liquidated damages, and the amount of liquidated damages, will be negotiated between the selected proposer and the County prior to contract execution.

The Successful Proposer shall operate the service in accordance with the routes, maps, and timetables contained in Schedule “G” and available for viewing on the County’s website at http://transportation.westchestergov.com/timetables-and-maps, subject to any changes later made to such routes, maps, and timetables through the procedures outlined in the contract between the Successful Proposer and the County for the Work. The County will have the right to review the Successful Proposer’s dispatch records and access the Automated Vehicle Locate System to determine compliance.

2.1.11. Minimum Requirements for Maintenance

2.1.11.1. Proposer’s Responsibility for Maintenance

The Successful Proposer shall be solely responsible for the proper maintenance (both preventive and corrective) of all County-owned buses and other vehicles and equipment, whether it is provided under the contract with the Successful Proposer for the Work or under separate agreements executed by the County and the Successful Proposer, as described in Section 1, in order to carry out the services sought by this RFP. Maintenance shall be performed in accordance with OEM recommendations so as to ensure reliable transit service delivery, professional image, minimal service interruptions, and maximum fleet availability. The Successful Proposer will be required to comply with all of the regulations promulgated by the United States Department of Transportation’s Federal Motor Carrier Safety Administration and the FTA that are applicable to passenger transit operations and fleet maintenance. The Successful Proposer will be required to maintain all County-owned buses and other vehicles in a state of good repair, such that they will pass a NYSDOT inspection at any time.

The Successful Proposer will not be permitted to defer maintenance based on adherence to preventive maintenance schedules. Maintenance and repair shall be performed as-needed, even if it is in advance of the applicable preventative maintenance schedule(s).

2.1.11.2. Parts Inventory and Storage

The Successful Proposer will be required to provide a secure parts storage facility at both garage locations and a parts inventory control system.

The Successful Proposer shall be responsible for obtaining sufficient spare parts for the timely repair and maintenance of all equipment used to perform the Work and for maintaining records of all parts purchased, including, but not limited to, any and all records regarding such purchases, including, but not limited to, procurement records, that are necessary to sufficiently substantiate reimbursement by Federal, State, and/or County funding sources.

2.1.11.3. FTA Maintenance Plan/NYSDOT Inspections

The FTA, under FTA Circular 9030.1C, FTA Circular 5010.1D, and the FTA’s Master Agreement with the County under which the County receives its FTA grant funds, requires each recipient of federal funding to have a current, written maintenance plan for its federally-funded rolling stock.

During the term of its contract with the County for its portion of the Work, the Successful Proposer will be required to develop, maintain, update (as necessary), and follow a formal written plan for maintaining the County-owned buses and other vehicles and equipment that have been purchased with federal funds. This plan must also account for maintaining all other County-owned equipment being used to perform the Work. The maintenance plan must address the unique needs of each type of transit vehicle (or other equipment) and the unique characteristics of each operating environment. At a minimum, the plan must:

i.) Identify and define goals and objectives and how they are achieved; ii) Address the current mix of buses; iii) Outline procedures for maintaining accessibility equipment; iv) Describe preventive maintenance procedures and intervals; v) Adhere to or exceed manufacturer’s requirements for vehicles under warranty; vi) Be updated to account for industry changes; vii) Address records management; viii) Describe quality assurance and control procedures.

This maintenance plan must not include simply OEM maintenance manuals.

In addition, the Successful Proposer will be required to perform regularly-scheduled preventive maintenance to the County-owned buses and other vehicles at pre-established intervals in accordance with the standards and schedules of the OEM, as supplemented by the standards and schedules of equipment suppliers for systems installed on the vehicle, and the requirements of NYSDOT, in order to ensure that all such buses and other vehicles, can, at all times, successfully pass all NYSDOT inspections to which they might be subjected.

2.1.11.4. Maintenance and Repairs

The Successful Proposer will be required to perform all routine preventive maintenance, heavy repair, running repairs, warranty repairs, body work of any type, and major and minor cleaning necessary to keep County-owned buses and other vehicles in compliance with the OEM’s requirements and otherwise in a state of good repair. The Successful Proposer will also be required to ensure that all on-board systems are fully functional and operational. Any and all damage to the County-owned vehicles caused by negligence of the Successful Proposer, shall be repaired at the Successful Proposer’s sole expense.

2.1.11.5. Bus Condition

The Successful Proposer will be solely responsible to maintain the County-owned buses and other vehicles in the same operating condition and appearance in which they are received, subject to reasonable wear and tear based on mileage and age.

2.1.11.6. Maintenance Standards

The Successful Proposer will be responsible for complying with the following maintenance standards:

i) All components of the bus bodies, accessories, chassis, and any additional equipment on the buses (e.g. lifts, destination signs etc.) shall be maintained in accordance with OEM requirements and undamaged condition at all times. Repairs (including body, glass, and all bus appurtenances) shall be made expeditiously (not to exceed five days), and the bus need not be removed from revenue service before such repairs are made, unless the defect would affect safety or passenger comfort or have a significant effect on appearance, in which case the repair shall be made before the vehicle is put back in revenue service. ii) Heating, ventilation and air-conditioning (“HVAC”) systems shall be maintained and kept in good operating condition at all times in order to ensure that passenger compartments are comfortably maintained under all climatic conditions at all times. iii) All mechanical, electrical, air, and hydraulic systems shall be maintained in accordance with OEM requirements and must be in good working condition at all times. v) Replacement tires must be OEM quality and shall be procured by the Successful Proposer. vi) Bus operators shall be required to complete and document a pre-trip inspection before entering the bus into revenue service. These reports shall be kept on file by the Successful Proposer for at least seven (7) years and made available to the County for review upon request. vii) No bus shall be repaired with parts taken from another bus for any reason without prior written consent from the County. viii) Vehicle mileage shall be read weekly from the odometer of each bus and noted in the Successful Proposer’s records for each bus; defective or missing odometers shall be replaced immediately.

ix) All on-board video recording systems, in each bus so-equipped, are to be maintained in proper operational condition. Upon request from the County, the Successful Proposer will be required to download and provide to the County all data requested. x) All fare collection equipment and related systems, radios, on-board electronics systems including public announcement systems, destination signage, automated bus stop announcement equipment, passenger counters and automated vehicle locate equipment are to be maintained in operating condition.

2.1.11.7. Fueling and Servicing

All buses used in revenue service shall be serviced daily before being placed back into revenue service. Buses are to be fueled, and vehicle fluid levels checked and adjusted, as required, each day.

In its price proposal, each proposer shall propose a fixed price for the Work assuming that the proposer will purchase all the Ultra Low Sulfur Diesel Fuel (“ULSDF”) necessary to operate the County buses and service vehicles that use diesel fuel for the duration of a contract resulting from this RFP.

In addition, each proposer shall provide a second fixed price for the Work assuming that the County will purchase all of the ULSDF necessary to operate the buses and service vehicles that use diesel fuel for the duration of a contract resulting from this RFP.

Both price proposals shall assume that the proposer will be responsible to provide and pay for all other fluids necessary to operate the buses and service vehicles.

If the County chooses the price proposal option submitted by the Successful Proposer where the Successful Proposer will purchase all the ULSDF (see first price proposal described above), then the Successful Proposer shall provide USLDF required for the operation of Bee-Line System in accordance with engine manufacturer recommendations. ULSDF shall be used in the County buses and shall be in full compliance with all applicable Federal, State, and local requirements. Regardless of which price proposal option the County chooses, the Successful Proposer will be required to maintain detailed records of all fuel deliveries and vehicle fuel consumption and forward the same to the County on a monthly basis.

2.1.11.8. Vehicle Cleaning and Appearance

At minimum, the Successful Proposer shall be required to wash vehicle exteriors and sweep vehicle interiors daily. The Successful Proposer shall be required to ensure that all buses entering revenue service exhibit cleanliness and professional appearance. County staff may evaluate buses in service or on the ready line for compliance with these requirements.

2.1.11.9. Body Work

The Successful Proposer will be required to provide all bus body repair work, decaling and

painting. All such work will be required to be performed to meet the County’s original bus specifications, and be subject to approval and acceptance by the County. Bus body repair work includes dings, dents, cracked glass, and major scratches to any surface of the bus.

The Successful Proposer shall document these body inspections and such documentation shall be made available for the County to review at any time.

2.1.11.10. Road (Service) Calls

The Successful Proposer will be required to maintain accurate records of all service calls, including whether the bus was changed-out (i.e., replaced with another bus for revenue service) or repaired upon return (i.e., continued in revenue service and repaired upon its return to its garage facility). The Successful Proposer will be required to write a repair order for every service call, whether a defect is found or not, and store that record in the bus’s maintenance file.

2.1.11.11. Pre-trip Inspections

Whenever a bus is being put into service, the Successful Proposer shall perform a pre-trip inspection to ensure that the vehicle is clean and safe prior to its leaving its garage facility, including a complete cycling of the wheelchair lift/ramp. The pre-trip inspection sheets shall be retained by the Successful Proposer for a minimum of seven (7) years.

2.1.11.12. Maintenance Records

All maintenance records shall be maintained by the Successful Proposer during the term of the Contract. Such records will be the property of the County, and the Successful Proposer will be required to furnish them to the County upon request. All maintenance records shall be kept at the facility where the buses are maintained.

Maintenance and repair work shall be undertaken in accordance with the equipment manufacturers’ recommended standards, procedures, and frequencies. All preventive maintenance and repair work shall be documented. The Successful Proposer shall maintain evidence of daily cycling of wheelchair lifts and/or ramps by drivers.

The Successful Proposer shall maintain and submit to the County upon request, vehicle maintenance forms, defect cards, dispatch sheets, drivers’ logs and monthly passenger and revenue data forms. The Successful Proposer shall supply the County with information required for the mandatory reporting to the National Transit Database and New York State Department of Transportation.

The Successful Proposer is responsible for filing claims with equipment manufacturers for warranty reimbursement as appropriate, with a copy of such claims forwarded to the County.

The Successful Proposer is to maintain on file complete records of all expenses incurred as a result of work performed pursuant to the contract. Such records are to be available for review by appropriate County, State and Federal personnel in the lawful performance of their duties.

2.1.11.13. Unrestricted Access

During the Contract period, the County, FTA, State of New York or their designated representative shall have immediate, unrestricted and unfettered access to all buses and all maintenance records during planned or unannounced visits or inspections of the facility. This includes total access to any electronic program, software or system(s), which maintain any records (present or historical) for County assets supplied as part of subsequent contract.

2.1.11.14. Buses Out of Service

The County or its designee shall have, at its sole discretion, the authority to place out of service any unit or fleet type for any safety reason upon inspection, until repairs are completed to ensure the bus or buses are safe for service. Such action shall not relieve the Successful Proposer of the obligation to provide service under the terms of the Contract.

2.1.11.15. Safety Defects

No bus shall be released for or operated in revenue/passenger service with any safety defects. Release of a bus with one or more safety defects into revenue service, shall constitute a material breach of the Contract and the County shall be entitled to any right or remedy it may have pursuant to law and/or equity, including but not limited to contract termination and/or monetary damages.

2.1.11.16. Non-Safety Defects

All non-safety defects/deficiencies shall be corrected within five (5) calendar days of the inspection at which they were documented.

2.1.11.19. Procurement by the Successful Proposer

To the extent that the Successful Proposer acts as the County’s agent to procure anything for the purpose of this contract, the Successful Proposer shall procure such things in accordance with all applicable federal, state and local procurement laws, rules and regulations, including but not limited to, Third Party Contracting rules found in FTA Circular 4220.1F.

2.1.12. Data Gathering and Reporting Requirements

2.1.12.1. Monthly Reports

The Successful Proposer shall collect data as required by County, State and Federal agencies. Monthly statements showing a comparison of the Bee-Line System transit system’s past performance to the current performance will be provided to the County. The Successful Proposer shall work with the County to develop a mutually acceptable systems performance reporting format. Expense reports and cost projections regarding the management, maintenance and operation of services shall be provided to the County on a monthly basis.

2.1.12.2. Record Retention

The Successful Proposer shall retain all financial books, records, and other documents relevant to the Contract for seven (7) years after final payment or until after resolution of any audit inquiries which could be more than seven (7) years, whichever is longer. Federal, State, or County auditors and any other persons duly authorized by the County shall have full access to, and the right to examine, copy, and make use of any and all said records relating to this contract.

2.1.12.3. Service Reports

The following reports shall be required as described:

i) Service Provision Report - The Successful Proposer shall be required to submit a daily service provision report by 5:00 PM the following day. The contents of the report shall be at the discretion of the County, but at a minimum, it shall indicate revenue hours, miles and passengers; vehicle hours and miles; service interruptions, missed service (trips), and time lost; fare collection equipment failures by route and duration. ii) Accident Reports - Accident reports shall be delivered or transmitted to the County within twenty-four (24) hours. In the event of accidents/incidents that involve fatalities, serious injuries, felonies, or media attention, County staff shall be contacted immediately. If necessary, the Successful Proposer must conduct a DOT post-accident test. The Successful Proposer is required to provide a DVD of all camera views (if so equipped) of any and all accidents involving County vehicles and / or passengers on County buses. iii) National Transit Database (NTD) Safety & Security Data shall be reported to the County no later than fifteen (15) days following the close of each quarter (Jan 15, Apr 15, Jul 15, and Oct 15). The Successful Proposer is responsible for remaining up to date on the FTA’s NTD Safety and Security manual for each calendar year. iv) National Transit Database (NTD) Annual Report Data. Actual fiscal year annual report data (July 1 – June 30) shall be reported to the County no later than September 30 of that calendar year. The Successful Proposer is responsible for remaining up to date on the FTA’s NTD annual report data requirements. v) NTD Sampling. The Successful Proposer will provide technical assistance and staff to complete NTD required ridership samples. v) The Successful Proposer’s field supervisors shall complete a daily activity report listing where they were that day, who they talked to, complaints addressed, accidents handled, etc. vi) The County, or its designated representative, shall conduct periodic audits. The Successful Proposer shall provide full cooperation during any and all of these audit procedures. This cooperation shall include, at a minimum, access to all operational data, financial records, maintenance information, employee information, software programs, applicable databases and facilities/equipment.

2.1.12.4. Service Monitoring and Contract Compliance

County representatives may, without prior notice, ride in all County owned buses, inspect any bus and inspect any area of any County-owned facility to ensure compliance with the subsequent contract. County representatives shall be afforded unfettered access to all County-owned buses and facilities at all times. It is the County’s intention to assign a County appointed representative to act as an on-site Contract Administrator to protect the County’s interests in relation to the performance requirements stated in the contract.

2.2. Scope of Work for Only Part A of the Work

The Successful Proposer shall be responsible for obtaining a garage facility sufficient to house the buses used for the operation of the routes that are a part of Part A of the Work and otherwise meet all minimum requirements specified in Section 2.1 for the professional management, operation, and maintenance of the Bee-Line System for Part A of the Work. The Successful Proposer also will be responsible for providing the personnel necessary to manage, operate, and maintain such a garage facility.

2.3. Scope of Work for Only Part B of the Work

The County will license or lease the County Garages and certain equipment (e.g. the buses), which the County provides for the Work to the Successful Proposer. The successful proposer will either be required to sign separate agreements with the County for these licenses or leases of the County Garages and the equipment that the County provides or such licenses or leases will be incorporated into the agreement for the Work. Such licenses or leases of the County Garages and equipment by the County to the Successful Proposer will be coterminous with the agreement resulting from this RFP for Part B of the Work.

2.3.1. Responsibilities for County Garages

The Successful Proposer shall be responsible for management, operation, and maintenance of the County Garages. Such responsibilities will be clearly identified in above-described leases or license agreements between the County and the Successful Proposer, and shall include, but not necessarily be limited to, the following: a. Garage Security. The Successful Proposer will provide staffed security for the premises 24 hours/day, seven days/week, 365 days/year. b. All repair and maintenance of the garage premises. The Successful Proposer shall seek prior written approval from the County for repairs expected to cost in excess of $25,000. c. Maintaining the garages and premises in a clean, orderly condition and appearance, at all times. d. Providing and maintaining on the premises all safety equipment required by law. e. Repairing any damage to pavement or other surfaces of the premises caused by any oil, grease, lubricants, or other flammable liquids and substances having a corrosive or detrimental effect. f. The maintenance and repair of all utility service lines and equipment within the building including water lines, gas lines, electrical power, heating ventilation and air conditioning system, telephone conduits, sanitary sewers, and storm sewers.

g. Maintaining and keeping in good repair the existing fire protection system. h. Maintaining and keeping in good repair the storm water facilities at the Cerrato garage. i. Compliance with all environmental requirements pertaining to fuel storage tanks and any other on-site facilities. j. Managing refuse disposal. k. Developing and implementing all maintenance plans for equipment and capital improvements required for projects funded by the Federal Transit Administration. l. Maintaining records of all maintenance projects undertaken at the garages.

2.3.2. Cost for Utilities for County Garages

Utility costs at the County Garages will be borne by the County.

2.3.3. Capital Improvements for County Garages

The County will be responsible for all major structural and non-routine improvements and replacements at the County Garages. It is expected that there will be capital projects underway at the County Garages at the start of the new contract, including upgrades to some of the hydraulic lift equipment as well as the replacement of the dynamometer. If Successful Proposer uses alternative facilities in addition to or in place of the County Garages, the Successful Proposer shall be solely responsible for all costs related thereto, including but not limited to taxes, utilities, maintenance and capital improvements.

The Successful Proposer will be required to provide input for, and allow and facilitate the implementation of, a 5-Year Capital program for improvements at the County Garages.

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3.0. CONTENT OF PROPOSAL PACKAGE

Each proposal package must include the listed items below. Proposal packages that do not contain all the required forms will not be reviewed or considered. Please be sure to include all information requested.

1.) Proposal, responding to the items outlined in Section 3.1, below. 2.) Proposer Certification (Section 6.0) 3.) Schedule A: Questionnaire Regarding Business Enterprises Owned and Controlled by Persons of Color or Women 4.) Schedule B: Certification Regarding Businesses Dealings with Northern Ireland 5.) Schedule C: Disclosure of Relationships to County 6.) Schedule D: Criminal Background Disclosure 7.) Schedule J: Federal Certification Regarding Lobbying 8.) An authorized Consent of Surety from a surety company authorized to do business in the State of New York that consents and agrees that if the contract awarded through this solicitation is made to the corporation, person, or persons submitting a proposal in response to this solicitation, that it will become bound as surety and guarantee the faithful performance of the term of the contract.

Please note: If you are intending to make a proposal for both Part A of the Work and Part B of the Work, you must submit a separate proposal package for each part.

3.1 Proposal Requirements

Each proposer’s proposal must contain page numbers, a table of contents and physical delineators separating each section (as such sections are described below).

Each proposer’s proposal must contain the following: 1.) Cover letter on proposer’s letterhead. The cover letter must include the name(s) of the parties authorized to discuss and/or enter into negotiations with the County with respect to this proposal. The cover letter must be signed by an official authorized to bind the proposer to its provisions. The cover letter must state that the proposal and any pricing contained therein shall remain valid and binding on the Proposer for a period of 120 days from the date that proposals are due under this RFP. The cover letter must identify the part of the Work (i.e., Part A or Part B) for which the proposal is being submitted.

2.) Full, detailed list of experience providing public transit of similar size and scope to those solicited by this RFP, including references from at least two (2) public transit providers. The following information is to be included for each reference: a.) the entity’s business name, b.) name, title and contact information for a person familiar with the proposer’s contract and performance, c.) the contract value,

d.) number of buses operated, e.) number of routes operated, f.) number of service miles, g.) timeframe of contract, and h.) description of contract.

Proposers shall identify any customers/clients that have terminated a contract with the proposer within the past two (2) years and provide an explanation for any such termination. In addition, if the proposer has had fines or liquidated damages assessed, they must be noted and an explanation provided.

3.) A resume for each individual who is a member of the proposer’s management team, as well as an overall organizational chart to illustrate the roles/positions of each such member of the proposer’s management team.

4.) A work plan that spells out, in great detail, the proposer’s plan for providing the Work (the “Work Plan”). The Work Plan must be broken down into separate work plans for each of management, operation, and maintenance. The Work Plan must include a staffing plan, and an implementation/mobilization plan. The Work Plan must comply, in all respects, with the requirements outlined in this RFP for the performance of the Work.

5.) A price proposal, using Schedule “F”. In completing Schedule “F”, please be aware that the requested line-item prices are as follows: a.) A fixed fee for each calendar year during which the Work will be performed, which will cover all costs that are associated with the performance of the Work as defined by the County’s current routes and for which the Successful Proposer will bill the County, including USLDF (see subsection 2.1.11.7 above). b.) A fixed fee for each calendar year during which the Work will be performed, which will cover all costs that are associated with the performance of the Work as defined by the County’s current routes and for which the Successful Proposer will bill the County, excluding USLDF (see subsection 2.1.11.7 above). c.) An hourly fee for each instance in which the Successful Proposer is required by the County to provide services for the response to a public emergency and/or participate in any necessary training exercises for such a response, as described in Section 2.1.10.4.

In accordance with FTA procurement rules, each proposal must include a fixed-fee for each year during the option period to allow the County to evaluate and exercise the option if it deems it in the best interest of the County to do so.

In preparing your price proposal, please note that the County will cover the cost of utilities at the County Garages, in accordance with Section 2.3.2.

Please also note that the County shall not be liable for any costs incurred by the Successful Proposer for any work performed prior to the Commencement Date.

Please finally note that if a contract awarded based on this RFP does not commence on January 1, 2014, but on a date prior to January 1, 2015, so that the Successful Proposer performs the Work for a portion of 2014, the Successful Proposer will be paid for the number of days for which it performed the Work during the calendar year 2014, based on a sliding scale of 100% of the annual contract price on day one of the calendar year to 0% of the contract price on the last day of the calendar year, apportioned daily.

6.) Additional procedural documentation/information pertaining to the proposed Work Plan, if such documentation/information was not already included in the proposer’s Work Plan : a.) Personnel recruitment, selection, orientation, evaluation, and management policies and procedures, including Affirmative Action Plan. b.) Fiscal management and reporting policies and procedures. c.) Facilities management policies and procedures. d.) Cash handling policies and procedures e.) Training procedures (for employees who would be performing the services solicited by this RFP) f.) Manual for Operating Policies and Procedures g.) Description of uniforms used by personnel h.) Bus Safety and Security Planning Document i.) Description of dispatching process j.) Description of road supervision process k.) Description of fleet management software l.) Maintenance Plan m.) Vehicle Utilization Process - This needs to address the overall age of the fleet, fleet spare ratio and the need to utilize all underage buses for revenue service. n.) A written plan for the disposal of vehicle wastes, including the storage, transport, treatment, and disposal of wastes. o.) Utilization and Maintenance Plan for on-board video systems including operator training, improvement, and reinforcement p.) If the Proposer is a New York State Carrier, a copy of the current operating authority on file with the NYSDOT. If the proposer is an out of state provider, a copy of the operating authority of that state must be submitted. q.) If the Proposer is a New York State Carrier, a copy of the New York State Public Transportation Safety Board approved safety plan. If the proposer is an out of state provider, a copy of that state’s safety plan must be provided. r.) If the Proposer is a New York State Carrier, a copy of the most recent NYSDOT grade for inspection failures,

7.) The following information related to DBE requirements specified in Section 5.11: a.) The names and addresses of Disadvantaged Business Enterprise (“DBE”) firms that will participate in this contract b.) A description of the work each DBE will perform;

c.) The dollar amount of the participation of each DBE firm participating; d.) Written documentation of the proposer’s commitment to use a DBE subcontractor whose participation it submits to meet the contract goal; e.) Written confirmation from the DBE that it is participating in the contract as provided in the prime contractor’s (i.e., the Successful Proposer’s) commitment; f.) If the contract goal is not met, evidence of good faith efforts to do so. The County shall make the sole determination as to whether or not good faith efforts have been satisfied (in accordance with Appendix A to 49 CFR Part 26).

A Proposer’s responsiveness to the proposal requirements is conditioned on submission of the above-specified information in its proposal.

8.) Each proposer’s proposal should also contain any other information the proposer feels is necessary in order to demonstrate the proposer’s ability to satisfactorily perform the Work.

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4.0. EVALUATION CRITERIA

In selecting a proposer with whom to commence contract negotiations, and in ultimately awarding this RFP, the County will choose the proposal from a responsible proposer that is most advantageous to the County in terms of the purposes for which the Work is being solicited, and otherwise in accordance with the County’s Procurement Policy.

In order to determine which proposal is most advantageous, the County will evaluate all proposals on the basis of the criteria specified below, and weigh those criteria in the manner specified below. As indicated below, while the price associated with the Work will be one of the criteria, it is not the sole criterion.

1.) Work Plan and All Related Information and Documentation — 35%

Overall Work Plan, including demonstration of a clear understanding of the Work and how it must and will be performed. Quality of all related information and documentation provided to the County, including information and documents acquired via oral presentations, requests for additional information, and/or site visits, as described above. Quality of all analyses, proposed policies and procedures, proposed management and implementation methods, etc.

2.) Proposer’s Experience and References — 25%

Type and quantity of the proposer’s prior experience, including consideration of similarities and differences between the work previously performed by the proposer and the Work being solicited by this RFP. Consideration of the quality of the proposer’s past performance in providing public bus services, including consideration of references.

3.) Management Team, Organizational Structure, and DBE Compliance — 20% Experience and qualifications of the management team, and ability/capacity of the organizational structure, to provide the Work. Compliance with US DOT DBE requirements.

4.) Price Proposal — 20%

Both the proposer’s overall price proposal and the constituent parts of the proposer’s price proposal. Consideration of cost/benefit in terms of what will be performed for the proposed prices.

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5.0. LEGAL UNDERSTANDINGS

Please take notice, by submission of a proposal in response to this request for proposals, proposing entity agrees to and understands:

 that any proposal, attachments, additional information, etc. submitted pursuant to this RFP constitute merely a suggestion to negotiate with the County of Westchester and is not a bid under Section 103 of the New York State General Municipal Law;

 that submission of a proposal, attachments, and additional information shall not entitle the proposing entity to enter into a service agreement with the County of Westchester for the required services;

 that by submitting a proposal, the proposing entity agrees and understands that the County of Westchester is not obligated to respond to the proposal, nor is it legally bound in any manner whatsoever by submission of same;

 that any and all counter-proposals, negotiations or any communications received by a proposing entity, its officers, employees or agents from the County, its elected officials, officers, employees or agents, shall not be binding against the County of Westchester, its elected officials, officers, employees or agents unless and until a formal written agreement for the services sought by this RFP is duly executed by both parties and approved by the Westchester County Board of Acquisition & Contract, and the Office of the Westchester County Attorney;

 that the County assumes no responsibility or liability of any kind for costs incurred in the preparation or submission of any proposal;

 that the County is not responsible for any internal or external delivery delays which may cause any proposal to arrive beyond the stated deadline. To be considered, proposals MUST arrive at the place specified herein and be time stamped prior to the deadline;

 that the County and its respective officers, directors, agents, members and employees make no representation or warranty and assume no responsibility for the accuracy of the information set forth in this RFP, and that the County does not warrant nor make any representations as to the quality, content, accuracy or completeness of the information, text, graphics, links or other facet of this RFP once it has been downloaded or printed from any server, and hereby disclaims any liability for technical errors or difficulties of any nature that may arise in connection with the website on which this RFP was posted by the County, or in connection with any other electronic medium utilized by respondents or potential respondents in connection with or otherwise related to the RFP;

 that all materials submitted in a proposer’s proposal shall become the property of the County

In addition to the foregoing, by submitting a proposal, the proposing entity also understands and

agrees that the County of Westchester reserves the right, and may at its sole discretion exercise, the following rights and options with respect to this RFP, except to the extent restricted by applicable law, including, but not limited to, the Westchester County Procurement Policy, as amended:

 To reject proposals that do not conform in all material respects to the RFP or meet the minimum requirements;  To reject all proposals;  To issue additional solicitations for proposals and/or amendments to this RFP;  To waive any irregularities in proposals received after notification to all proposers;  To negotiate for amendments or other modifications to proposals  To conduct investigations with respect to the qualifications of each proposer;  To exercise its discretion and apply its judgment with respect to any aspect of this RFP, the evaluation of proposals, and the negotiations and award of any contract;  To enter into an agreement for only portions (or not to enter into an agreement for any) of the services contemplated by the proposals with one or more of the proposers;  While this is an RFP and not a bid, the County reserves the right to apply the case law under General Municipal Law § 103 regarding bidder responsibility in determining whether a proposer is a responsible vendor for the purpose of this RFP process;  To select the proposal from a responsible proposer that is most advantageous to the County in terms of the program(s) for which these services are being solicited, and not necessarily on the basis of price or any other single factor or criterion;

Please be advised that it is the intent of the County that each and every provision, whether required by law, regulation, rule, guidance, contract, or any other proper authority to be included in this RFP, shall, for all intents and purposes, be considered and deemed included herein. Each proposer understands and acknowledges that for each and every such provision that has, through mistake or otherwise, either not been inserted in writing or been inserted in writing in an incorrect form, the proposer shall nevertheless read and act upon this RFP as though each and every such provision was included in the RFP in its proper form.

5.1. Contract

After selection of the successful proposer for Part A and a successful proposer for Part B , and following contract negotiations, a formal written contract(s) will be prepared by the County of Westchester and will not be binding until signed by both parties and approved by the Westchester County Board of Acquisition & Contract and the Office of the County Attorney. NO RIGHTS SHALL ACCRUE TO ANY PROPOSER BY THE FACT THAT A PROPOSAL HAS BEEN SELECTED BY THE COUNTY FOR SUBMISSION TO THE BOARD OF ACQUISITION & CONTRACT FOR CONTRACT APPROVAL. SAID BOARD HAS THE RIGHT TO REJECT ANY RECOMMENDATION AND THE APPROVAL OF SAID BOARD IS NECESSARY BEFORE A VALID AND BINDING CONTRACT MAY BE EXECUTED BY THE COUNTY.

Each proposer accepts and agrees that, if selected by the County, it will be asked to sign a

contract containing the following, or language in substantially the following form:

a.) INSURANCE, INDEMNIFICATION, AND DEFENSE

“The Contractor agrees to procure and maintain insurance naming the County as additional insured, as provided and described in Schedule “E”, entitled "Standard Insurance Provisions", which is attached hereto and made a part hereof. In addition to, and not in limitation of the insurance provisions contained in Schedule “E”, the Contractor agrees:

(a) that except for the amount, if any, of damage contributed to, caused by, or resulting from the negligence of the County, the Contractor shall indemnify and hold harmless the County, its officers, employees and agents from and against any and all liability, damage, claims, demands, costs, judgments, fees, attorneys' fees or loss arising directly or indirectly out of the performance or failure to perform hereunder by the Contractor or third parties under the direction or control of the Contractor; and

(b) to provide defense for and defend, at its sole expense, any and all claims, demands or causes of action directly or indirectly arising out of this Agreement and to bear all other costs and expenses related thereto.”

See: Schedules “E-1” and “E-2”, as applicable, for the “Standard Insurance Provisions”.

b.) NON-DISCRIMINATION

“The Contractor expressly agrees that neither it nor any contractor, subcontractor, employee, or any other person acting on its behalf shall discriminate against or intimidate any employee or other individual on the basis of race, creed, religion, color, gender, age, national origin, ethnicity, alienage or citizenship status, disability, marital status, sexual orientation, familial status, genetic predisposition or carrier status during the term of or in connection with this Agreement, as those terms may be defined in Chapter 700 of the Laws of Westchester County. The Contractor acknowledges and understands that the County maintains a zero tolerance policy prohibiting all forms of harassment or discrimination against its employees by co-workers, supervisors, vendors, contractors, or others.”

c.) COMPLIANCE WITH LAWS

“The Contractor shall comply, at its own expense, with the provisions of all applicable local, state and federal laws, rules and regulations, including, but not limited to, those applicable to the Contractor as an employer of labor. The Contractor shall further comply, at its own expense, with all applicable rules, regulations and licensing requirements

pertaining to its professional status and that of its employees, partners, associates, subcontractors and others employed to render the Work hereunder.”

d.) EXAMINATION OF RECORDS

“The Contractor shall permit the County access to, and give the County the right to examine directly, all pertinent documents, papers and records of the Contractor (and any subcontractor(s)) that relate to this Agreement, both during the term of this Agreement and for a period of six (6) years after final payment has been made under this Agreement.”

e.) DISADVANTAGED BUSINESS ENTERPRISE

The Contractor shall not discriminate on the basis of race, color, national origin, or sex in the performance of its contract. The Contractor shall carry out applicable requirements of 49 CFR Part 26 in the award and administration of DOT–assisted contracts. Failure by the Contractor to carry out the requirements of 49 CFR Part 26 that apply to the Contractor will be considered a material breach of its contract, which may result in the termination of the contract or such other remedy as the County deems appropriate. Each subcontract the Contractor executes with a subcontractor for a part of the Work must include the assurance in this paragraph (see: 49 CFR 26.13(b)).

The Proposer will be required to pay its subcontractors performing work related to the contract for satisfactory performance of that work no later than thirty (30) days after the Contractor’s receipt of payment for that work from the County. In addition, the Contractor will not be permitted to hold retainage from its subcontractors.

The Contractor will be required to promptly notify the County, whenever a DBE subcontractor performing work related to this contract is terminated or fails to complete its work, and must make good faith efforts to engage another DBE subcontractor to perform at least the same amount of work. The Contractor will not be permitted to terminate any DBE subcontract and perform that work through its own forces or those of an affiliate without prior written consent of the County.

The Contractor will be required to report its DBE participation obtained through race-neutral means throughout the period of performance.

5.2. Non-Collusion

The proposer, by signing the proposal, does hereby warrant and represent that any ensuing agreement has not been solicited, secured or prepared directly or indirectly, in a manner contrary

to the laws of the State of New York and the County of Westchester, and that said laws have not been violated and shall not be violated as they relate to the procurement or the performance of the agreement by any conduct, including the paying or the giving of any fee, commission, compensation, gift, gratuity or consideration of any kind, directly or indirectly, to any County employee, officer or official.

5.3. Conflict Of Interest

The award of a contract is subject to provisions of all Federal, State and County laws. All proposers must disclose with their proposals the name of any officer, director or agent who is also an employee of the County of Westchester. Further, all proposers must disclose the name of any County officer, employee, or elected official who owns, directly or indirectly, an interest of ten percent or more in the proposer or any of its subsidiaries or affiliates.

5.4. Contents Of Proposal And Freedom Of Information Law

The New York State Freedom of Information Law as set forth in Public Officers Law, Article 6, Sections 84-90, mandates public access to government records. However, proposals submitted in response to this RFP may contain technical, financial background or other data, public disclosure of which could cause substantial injury to the proposer’s competitive position or constitute a trade secret. Proposers who have a good faith belief that information submitted in their proposals is protected from disclosure under the New York Freedom of Information Law shall: a) Insert the following notice in the front of its proposal:

“NOTICE

The data on pages ___ of this proposal identified by an asterisk (*) contains technical or financial information constituting trade secrets or information the disclosure of which would result in substantial injury to the proposer’s competitive position.

The proposer requests that such information be used only for the evaluation of the proposal, but understands that any disclosure will be limited to the extent that the County considers proper under the law. If the County enters into an agreement with this proposer, the County shall have the right to use or disclose such information as provided in the agreement, unless otherwise obligated by law.” and b) clearly identify the pages of the proposals containing such information by typing in bold face on the top of each page " * THE PROPOSER BELIEVES THAT THIS INFORMATION IS PROTECTED FROM DISCLOSURE UNDER THE STATE FREEDOM OF INFORMATION LAW."

The County assumes no liability for disclosure of information so identified, provided that the

County has made a good faith legal determination that the information is not protected from disclosure under applicable law or where disclosure is required to comply with an order or judgment of a court of competent jurisdiction.

The contents of the proposal which is accepted by the County, except portions "Protected from Disclosure", may become part of any agreement resulting from this RFP.

5.5. MBE/WBE

Pursuant to Section 308.01 of the Laws of Westchester County, it is the goal of the County to use its best efforts to encourage, promote and increase the participation of business enterprises which are owned and controlled by persons of color or women in contracts and projects funded by the County. Therefore, all proposers are required to complete the questionnaire attached hereto as Schedule “A”.

5.6. MacBride Principles

Pursuant to Act No. 56-1999, no County procuring officer may award or recommend for award any contract not subject to competitive bidding to a proposer that does not execute a certification substantially in the form attached hereto as Schedule “B”. Therefore, all proposers are required to submit with their proposal the Certification Form attached hereto as Schedule “B”.

5.7. Required Disclosure Of Relationships To County

All proposers are required to submit with their proposal the Disclosure Form attached hereto as Schedule “C”.

5.8. Criminal Disclosure

All proposers are required to submit the Criminal Background Disclosure forms attached hereto as Schedule “D”, as required by Executive Order No. 1-2008.

5.9. Independent Price Determination

By submission of a proposal, the proposer certifies, and in the case of a joint proposal each party certifies as to its own organization, that in connection with this proposal:

1. The prices in the proposal have been arrived at independently, without consultation, communication, or agreement, for the purpose of restricting competition, as to any matter relating to such prices with any proposer; and

2. Unless otherwise required by law, the prices which have been quoted in the proposal have not been knowingly disclosed by the proposer and will not knowingly be disclosed by the proposer prior to award directly or indirectly to any other proposer; and

3. No attempt has been made or will be made by the proposer to induce any other person

or firm to submit or not to submit a proposal for the purpose of restricting competition.

5.10. Subcontracting

The Successful Proposer will be responsible for performance of all of the Work. If a proposer intends to use a subcontractor for any part of the Work, the proposer must indicate that in its proposal. A full and complete description of the part(s) of the Work to be performed by the subcontractor must be included in the proposer’s proposal. The Successful Proposer will not be permitted to subcontract any part of the Work without the prior written approval of the County.

5.11. Disadvantaged Business Enterprise (“DBE”) Qualifications

Any contract awarded based on this RFP will be subject to the requirements of Title 49, Code of Federal Regulations, Part 26, Participation by Disadvantaged Business Enterprises in Department of Transportation Financial Assistance Programs. DPW&T’s current overall goal for DBE participation is 3.46%.

The Successful Proposer shall not discriminate on the basis of race, color, national origin, or sex in the performance of its contract. The Successful Proposer shall carry out applicable requirements of 49 CFR Part 26 in the award and administration of DOT–assisted contracts. Failure by the Successful Proposer to carry out the requirements of 49 CFR Part 26 that apply to the Successful Proposer will be considered a material breach of its contract, which may result in the termination of the contract or such other remedy as the County deems appropriate. Each subcontract the Successful Proposer executes with a subcontractor for a part of the Work must include the assurance in this paragraph (see: 49 CFR 26.13(b)).

The Proposer will be required to pay its subcontractors performing work related to the contract for satisfactory performance of that work no later than thirty (30) days after the Successful Proposer’s receipt of payment for that work from the County. In addition, the Successful Proposer will not be permitted to hold retainage from its subcontractors.

The Successful Proposer will be required to promptly notify the County, whenever a DBE subcontractor performing work related to this contract is terminated or fails to complete its work, and must make good faith efforts to engage another DBE subcontractor to perform at least the same amount of work. The Successful Proposer will not be permitted to terminate any DBE subcontract and perform that work through its own forces or those of an affiliate without prior written consent of the County.

The Successful Proposer will be required to report its DBE participation obtained through race- neutral means throughout the period of performance.

5.12. Federal Forms

The Proposer understands and acknowledges that, as part of its proposal (as noted in Section 3), it must complete and submit the Lobbying Certification, which is attached hereto as Schedule “J”, and otherwise comply with 49 CFR Part 20 and 31 USC 1352.

6.0. PROPOSER CERTIFICATION

The undersigned agrees and understands that this proposal and all attachments, additional information, etc. submitted herewith constitute merely an offer to negotiate with the County of Westchester and is NOT A BID. Submission of this proposal, attachments, and additional information shall not obligate or entitle the proposing entity to enter into a service agreement with the County of Westchester for the required services. The undersigned agrees and understands that the County of Westchester is not obligated to respond to this proposal nor is it legally bound in any manner whatsoever by the submission of same. Further, the undersigned agrees and understands that any and all proposals and negotiations shall not be binding or valid against the County of Westchester, its directors, officers, employees or agents unless an agreement is signed by a duly authorized officer of the County of Westchester and approved by the Westchester County Board of Acquisition & Contract and by the Office of the County Attorney.

It is understood and agreed that the County of Westchester reserves the right to reject consideration of any and all proposals including, but not limited to, proposals which are conditional or incomplete. It is further understood and agreed that the County of Westchester reserves all rights specified in the Request for Proposals.

It is represented and warranted by those submitting this proposal that except as disclosed in the proposal, no officer or employee of the County of Westchester is directly or indirectly a party to or in any other manner interested in this proposal or any subsequent service agreement that may be entered into.

Proposer Name

By: Name: Title:

You Must Complete the Applicable Acknowledgement and Certificate of Authority Document(s), Which Are on the Pages Following This Page

ACKNOWLEDGMENT

STATE OF NEW YORK ) ) ss.: COUNTY OF )

On the ______day of ______in the year 20__ before me, the undersigned, personally appeared ______, personally known to me or proved to me on the basis of satisfactory evidence to be the individual(s) whose name(s) is (are) subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their capacity(ies), and that by his/her/their signature(s) on the instrument, the individual(s), or the person upon behalf of which the individual(s) acted, executed the instrument.

Date: ______Notary Public

RPL § 309-a; NY CPLR § 4538

SOLE CORPORATE OFFICER ACKNOWLEDGMENT

STATE OF ) ) ss.: COUNTY OF )

On this ______day of ______, 20___, before me, the undersigned, personally appeared ______, personally known to me or proved to me (Name of Sole Officer) on the basis of satisfactory evidence to be the individual whose name is subscribed to the within instrument and acknowledged to me that he/she executed the same in his/her capacity as President and sole officer and director of ______, (Name of Corporation) the corporation described in and which executed the within instrument, and acknowledged that he/she owns all the issued and outstanding capital stock of said corporation, and that by he/she signed the within instrument on behalf of said corporation.

______Notary Public

SOLE LLC MEMBER ACKNOWLEDGMENT

STATE OF ) ) ss.: COUNTY OF )

On this ______day of ______, 20___, before me, the undersigned, personally appeared ______, personally known to me or proved to me (Name of Sole Member) on the basis of satisfactory evidence to be the individual whose name is subscribed to the within instrument and acknowledged to me that he/she executed the same in his/her capacity as Managing Member and sole member of ______, (Name of LLC) the LLC described in and which executed the within instrument, and acknowledged that he/she owns the entire ownership interest in the LLC, and that by he/she signed the within instrument on behalf of said LLC.

______Notary Public

CERTIFICATE OF AUTHORITY (CORPORATION)

I, ______, (Officer other than officer signing contract) certify that I am the ______of the (Title)

______a corporation duly organized and in (Name of Corporation) good standing under the ______(Law under which organized, e.g., the New York Business Corporation Law) named in the foregoing agreement; that ______(Person executing agreement) who signed said agreement on behalf of the ______(Name of Corporation) was, at the time of execution ______(Title of such person) of the Corporation and that said agreement was duly signed for and on behalf of said Corporation by authority of its Board of Directors, thereunto duly authorized and that such authority is in full force and effect at the date hereof.

______(Signature)

STATE OF ______) ) ss.: COUNTY OF ______)

On the ______day of ______in the year 20__ before me, the undersigned, a Notary Public in and for said State, ______personally appeared, personally known to me or proved to me on the basis of satisfactory evidence to be the officer described in and who executed the above certificate, who being by me duly sworn did depose and say that he/she resides at ______, and he/she is an officer of said corporation; that he/she is duly authorized to execute said certificate on behalf of said corporation, and that he/she signed his/her name thereto pursuant to such authority.

Date: ______Notary Public

CERTIFICATE OF AUTHORITY (LIMITED LIABILITY COMPANY)

I, ______, (member or manager other than person executing the agreement) certify that I am a ______of ______(member/manager) (Name of Limited Liability Company)

(the "LLC") duly organized under the Laws of the State of ______; (Name of State) that ______who signed said Agreement on behalf of (Person Executing Agreement) the LLC was, at the time of execution, a manager of the LLC; that said Agreement was duly signed for and on behalf of said LLC and as the act of said LLC for the purposes therein mentioned.

______(Signature)

STATE OF ______) ) ss.: COUNTY OF ______)

On the ______day of ______in the year 20__ before me, the undersigned, a Notary Public in and for said State, ______personally appeared, personally known to me or proved to me on the basis of satisfactory evidence to be the member/manager described in and who executed the above certificate, who being by me duly sworn did depose and say that he/she resides at ______, and he/she is a member/manager of said LLC; that he/she is duly authorized to execute said certificate on behalf of said LLC, and that he/she signed his/her name thereto pursuant to such authority.

Date: ______Notary Public

CERTIFICATE OF AUTHORITY (PARTNERSHIP)

I, ______, (Partner other than Partner signing contract) certify that I am a General Partner of ______, (Name of Partnership) a partnership duly organized under ______, (Law under which partnership is organized) and named in the foregoing Agreement; that______, (Partner Executing Agreement) who signed said Agreement on behalf of the Partnership was, at the time of execution, a General Partner of said Partnership; that said Agreement was duly signed for and in behalf of said Partnership and as the act and deed of said firm for the purposes therein mentioned.

______(Signature)

STATE OF ______) ) ss.: COUNTY OF ______)

On this ______day of ______, in the year 20__ before me, the undersigned, a Notary Public in and for said State, ______personally appeared, personally known to me or proved to me on the basis of satisfactory evidence to be the General Partner described in and who executed the above certificate, who being by me duly sworn did depose and say that he/she resides at ______, and he/she is a general partner of said Partnership; that he/she is duly authorized to execute said certificate on behalf of said Partnership, and that he/she signed his/her name thereto pursuant to such authority.

Date: ______Notary Public

CERTIFICATE OF AUTHORITY (LIMITED LIABILITY PARTNERSHIP)

I, ______certify that I am a (Partner other than Partner signing Agreement)

Partner of ______(Name of Limited Liability Partnership)

(the "LLP"), a partnership duly organized under ______, (Law under which partnership is organized) and named in the foregoing Agreement; that______, (Partner Executing Agreement) who signed said Agreement on behalf of the LLP was, at the time of execution, a Partner of said LLP; that said Agreement was duly signed for and in behalf of said LLP and as the act and deed of said firm for the purposes therein mentioned.

______(Signature)

STATE OF ______) ) ss.: COUNTY OF ______)

On this ______day of ______, in the year 20__ before me, the undersigned, a Notary Public in and for said State, ______personally appeared, personally known to me or proved to me on the basis of satisfactory evidence to be the Partner described in and who executed the above certificate, who being by me duly sworn did depose and say that he/she resides at ______, and he/she is a partner of said LLP; that he/she is duly authorized to execute said certificate on behalf of said LLP, and that he/she signed his/her name thereto pursuant to such authority.

Date: ______Notary Public

RFP SCHEDULES

SCHEDULE “A”

QUESTIONNAIRE REGARDING BUSINESS ENTERPRISES OWNED AND CONTROLLED BY WOMEN OR PERSONS OF COLOR

As part of the County’s program to encourage the meaningful and significant participation of business enterprises owned and controlled by persons of color or women in County contracts, and in furtherance of Section 308.01 of the Laws of Westchester County, completion of this form is required.

A “business enterprise owned and controlled by women or persons of color” means a business enterprise, including a sole proprietorship, limited liability partnership, partnership, limited liability corporation, or corporation, that either:

1.) meets the following requirements: a. is at least 51% owned by one or more persons of color or women; b. is an enterprise in which such ownership by persons of color or women is real, substantial and continuing; c. is an enterprise in which such ownership interest by persons of color or women has and exercises the authority to control and operate, independently, the day-to-day business decisions of the enterprise; and d. is an enterprise authorized to do business in this state which is independently owned and operated.

2.) is a business enterprise certified as a minority business enterprise (“MBE”) or women business enterprise (“WBE”) pursuant to Article 15-a of the New York State Executive Law and the implementing regulations, 9 New York Code of Rules and Regulations subtitle N Part 540 et seq., OR

3.) is a business enterprise certified as a small disadvantaged business concern pursuant to the Small Business Act, 15 U.S.C. 631 et seq., and the relevant provisions of the Code of Federal Regulations as amended.

Please note that the term “persons of color,” as used in this form, means a United States citizen or permanent resident alien who is and can demonstrate membership of one of the following groups: (a) Black persons having origins in any of the Black African racial groups; (b) Hispanic persons of Mexican, Puerto Rican, Dominican, Cuban, Central or South American descent of either Indian or Hispanic origin regardless of race; (c) Native American or Alaskan native persons having origins in any of the original peoples of North America; or (d) Asian or Pacific Islander persons having origins in any of the Far East countries, South East Asia, the Indian subcontinent or the Pacific Islands.

1. Are you a business enterprise owned and controlled by women or persons of color in accordance with the standards listed above?

______No

______Yes

Please note: If you answered “yes” based upon certification by New York State and/or the Federal government, official documentation of the certification must be attached.

2. If you answered “Yes” above, please check off below whether your business enterprise is owned and controlled by women, persons of color, or both.

______Women

______Persons of Color (please check off below all that apply)

______Black persons having origins in any of the Black African racial groups ______Hispanic persons of Mexican, Puerto Rican, Dominican, Cuban, Central or South American descent of either Indian or Hispanic origin regardless of race ______Native American or Alaskan native persons having origins in any of the original peoples of North America ______Asian or Pacific Islander persons having origins in any of the Far East countries, South East Asia, the Indian sub-continent or the Pacific Islands

Name of Business Enterprise: Address:

Name and Title of person completing questionnaire:

Signature:

______Notary Public Date

SCHEDULE “B”

CERTIFICATION REGARDING BUSINESS DEALINGS WITH NORTHERN IRELAND

A. The Contractor and any individual or legal entity in which the Contractor holds a ten percent (10%) or greater ownership interest and any individual or legal entity that holds a ten percent (10%) or greater ownership interest in the Contractor (a) has no business operations in Northern Ireland, or (b) shall take lawful steps in good faith to conduct any business operations in Northern Ireland in accordance with the MacBride Principles.

B. For purposes of this Certification, “MacBride Principles” shall mean those principles relating to nondiscrimination in employment and freedom of workplace opportunity which require employers doing business in Northern Ireland to:

(1) increase the representation of individuals from underrepresented religious groups in the work force, including managerial, supervisory, administrative, clerical and technical jobs; (2) take steps to promote adequate security for the protection of employees from underrepresented religious groups both at the workplace and while traveling to and from work; (3) ban provocative religious or political emblems from the workplace; (4) publicly advertise all job openings and make special recruitment efforts to attract applicants from underrepresented religious groups; (5) establish layoff, recall and termination procedures which do not in practice favor a particular religious group; (6) abolish all job reservations, apprenticeship restrictions and differential employment criteria which discriminate on the basis of religion; (7) develop training programs that will prepare substantial numbers of current employees from underrepresented religious groups for skilled jobs, including the expansion of existing programs and the creation of new programs to train, upgrade and improve the skills of workers from underrepresented religious groups; (8) establish procedures to assess, identify and actively recruit employees from underrepresented religious groups with potential for further advancement; and (9) appoint a senior management staff member to oversee affirmative action efforts and develop a timetable to ensure their full implementation.

C. For purposes of this Certification, “Northern Ireland” shall be understood to be the six counties partitioned from the Irish Province of Ulster, and administered from London and/or from Stormont.

D. The Contractor agrees that the warranties and representation in paragraph “A” are material conditions of this Agreement. If the County receives information that the Contractor is in violation of paragraph “A,” the County shall review such information and give the Contractor opportunity to respond. If the County finds that such a violation has occurred, the County may declare the Contractor in default, and/or terminate this Agreement. In the event of any such termination, the County may procure the supplies, services or work from another source in accordance with applicable law. The Contractor shall pay to the County the difference between

the contract price for the uncompleted portion of this Agreement and the cost to the County of completing performance of this Agreement either by itself or by engaging another contractor. If this is a contract other than a construction contract, the Contractor shall be liable for the difference in price if the cost of procurement from another source is greater than what the County would have paid the Contractor plus any reasonable costs the County incurs in any new procurement and if this is a construction contract, the County shall also have the right to hold the Contractor in partial or total default in accordance with the default provisions of this Agreement. In addition, the Contractor may be declared not to be a responsible bidder or proposer for up to three (3) years, following written notice to the Contractor, giving the Contractor the opportunity for a hearing at which the Contractor may be represented by counsel. The rights and remedies of the County hereunder shall be in addition to, and not in lieu of, any rights and remedies the County has pursuant to this Agreement or by operation of law or in equity.

Agreed:

Name of Contractor______

By: (Authorized Representative)______

Title:______Date______

Contract #: ______Name of Contractor: ______

SCHEDULE “C” REQUIRED DISCLOSURE OF RELATIONSHIPS TO COUNTY

A potential County contractor must complete this form as part of the proposed County contract.

1.) Are any of the employees that the Contractor will use to carry out this contract also a County officer or employee, or the spouse, child, or dependent of a County officer or employee?

Yes ______No ______

If yes, please provide details (attach extra pages, if necessary): ______

2.) Are any of the owners of the Contractor or their spouses a County officer or employee?

Yes ______No ______

If yes, please provide details (attach extra pages, if necessary): ______

3.) Do any County officers or employees have an interest1 in the Contractor or in any approved subcontractor that will be used for this contract?

Yes ______No ______

If yes, please provide details (attach extra pages, if necessary): ______

By signing below, I hereby certify that I am authorized to complete this form for the Contractor.

______

Name: ______Title: ______Date: ______

1 “Interest” means a direct or indirect pecuniary or material benefit accruing to a County officer or employee, his/her spouse, child or dependent, whether as the result of a contract with the County or otherwise. For the purpose of this form, a County officer or employee shall be deemed to have an "interest" in the contract of:

1.) His/her spouse, children and dependents, except a contract of employment with the County; 2.) A firm, partnership or association of which such officer or employee is a member or employee; 3.) A corporation of which such officer or employee is an officer, director or employee; and 4.) A corporation of which more than five (5) percent of the outstanding capital stock is owned by any of the aforesaid parties.

SCHEDULE “D”

CRIMINAL BACKGROUND DISCLOSURE INSTRUCTIONS

Pursuant to Executive Order 1-2008, the County is required to maintain a record of criminal background disclosure from all persons providing work or services in connection with any County contract, including leases of County-owned real property and licenses:

a.) If any of the persons providing work or services to the County in relation to a County contract are not subject to constant monitoring by County staff while performing tasks and/or while such persons are present on County property pursuant to the County contract; and b.) If any of the persons providing work or services to the County in relation to a County contract may, in the course of providing those services, have access to sensitive data (for example SSNs and other personal/secure data); facilities (secure facilities and/or communication equipment); and/or vulnerable populations (for example, children, seniors, and the infirm).

In those situations, the persons who must provide a criminal background disclosure (“Persons Subject to Disclosure”) include the following:

a.) Consultants, Contractors, Licensees, Lessees of County-owned real property, their principals, agents, employees, volunteers or any other person acting on behalf of said Contractor, Consultant, Licensee, or Lessee who is at least sixteen (16) years old, including but not limited to Subconsultants, Subcontractors, Sublessees, or Sublicensees who are providing services to the County, and b.) Any family member or other person, who is at least sixteen (16) years old, residing in the household of a County employee who lives in housing provided by the County located on County property.

Under Executive Order 1-2008, it is the duty of every County Consultant, Contractor, Licensee, or Lessee to inquire of each and every Person Subject to Disclosure and disclose whether they have been convicted of a crime or whether they are subject to pending criminal charges, and to submit this form with that information.1 Accordingly, you are required to complete the attached Criminal Background Disclosure Form and Certification.

Please note that under no circumstances shall the existence of a language barrier serve as a basis for the waiver of or an exception from the disclosure requirements of Executive Order 1-2008. If translation services are required by the Consultant, Contractor, Licensee, or Lessee to fulfill this obligation, it shall be at the sole cost and expense of the Consultant, Contractor, Licensee, or Lessee.

Please also note that the conviction of a crime(s) and/or being subject to a pending criminal

1 For these disclosures, a “crime” or “pending criminal charge” includes all felonies and misdemeanors as defined under the New York State Penal Law or the equivalent under Federal law or the laws of any other State.

charge(s) will not automatically result in a denial of a person’s right to work on a County contract, right to be on County property, or license, but may, if the County determines that the prior conviction(s) or pending criminal charge(s) create an unacceptable risk. However, if a person fails to list or falsifies any part of his/her conviction history or any pending criminal charge(s) for any reason, he/she may be prohibited from working or being on County property without any risk assessment. If it is later determined that a Person Subject to Disclosure failed to disclose a criminal conviction or pending criminal charge for any reason, his/her right to work on a County contract, be on County property, or license may be terminated at any time.

Please further note that, pursuant to Executive Order 1-2008, and subject to the applicable provisions of New York Correction Law §§ 752 and 753, the County has the right to bar a Person Subject to Disclosure from providing work or services to the County or from being on County property if any such person has:

a.) A conviction of a crime(s); b.) A pending criminal proceeding for a crime(s); or c.) Refused to answer questions concerning his/her criminal background

Please finally note that any failure by a County Consultant, Contractor, Licensee, or Lessee to comply with the disclosure requirements of Executive Order 1–2008 may be considered by the County to be a material breach and shall be grounds for immediate termination by the County of the related County contract.

Exemptions

Executive Order 1-2008 exempts from the aforementioned disclosure requirements Persons Subject to Disclosure: a.) for whom the County has already conducted a background check and issued a security clearance that is in full force and effect; and b.) for whom another state or federal agency having appropriate jurisdiction has conducted a security and/or background clearance or has implemented other protocols or criteria for this purpose that apply to the subject matter of a County contract that is in full force and effect.

If you are claiming an exemption for one or more Persons Subject to Disclosure, you must notify the Procuring Officer2. The Procuring Officer will then determine whether the Person(s) Subject to Disclosure are actually exempt, and provide written notification of his/her determination. If the Procuring Officer determines that a Person Subject to Disclosure is not exempt, the Procuring Officer will notify you of that determination, and you will have to include disclosures for that person on your Criminal Background Disclosure Form and Certification.

2 Procuring Officer” shall mean the head of the department or the individual or individuals authorized by the head(s) of the department(s) undertaking the procurement and with respect to those matters delegated to the Bureau of Purchase and Supply pursuant to Section 161.11(a) of the Laws of Westchester County, the Purchasing Agent.

Subconsultants, Subcontractors, Sublessees, or Sublicensees

Under Executive Order 1-2008, it is your duty to ensure that any and all approved subconsultants, subcontractors, sublessees, or sublicensees complete and submit the attached Criminal Background Disclosure Form and Certification for all of their respective Persons Subject to Disclosure. This must be done before such a subconsultant, subcontractor, sublessees, or sublicensees can be approved to perform work on a contract.

New Persons Subject to Disclosure

Under Executive Order 1-2008, you have a CONTINUING OBLIGATION to maintain the accuracy of the Criminal Background Disclosure Form and Certification (and any accompanying documentation) for the duration of this contract, including any amendments or extensions thereto. Accordingly, it is your duty to complete and submit an updated Criminal Background Disclosure Form and Certification whenever there is a new Person Subject to Disclosure for this contract. NO NEW PERSON SUBJECT TO DISCLOSURE SHALL PERFORM WORK OR SERVICES OR ENTER ONTO COUNTY PREMISES UNTIL THE UPDATED CRIMINAL BACKGROUND DISCLOSURE FORM AND CERTIFICATION IS FILED WITH THE PROCURING OFFICER. You shall also provide the County with any other updates that may be necessary to comply with the disclosures required by Executive Order 1- 2008.

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PLEASE CONTINUE TO THE

Criminal Background Disclosure Form and Certification

BEGINNING ON THE NEXT PAGE

Contract #: ______Name of Consultant, Contractor, Lessee, or Licensee: ______

CRIMINAL BACKGROUND DISCLOSURE FORM AND CERTIFICATION

If this form is being completed by a subconsultant, subcontractor, sublessee, or sublicensee, please consider all references in this form to “consultant, contractor, lessee, or licensee” to mean “subconsultant, subcontractor, sublessee, or sublicensee” and check here: ______

I, ______, certify that I am a principal or a (Name of Person Signing Below) representative of the Consultant, Contractor, Lessee, or Licensee and I am authorized to complete and execute this Criminal Background Disclosure Form and Certification. I certify that I have asked each Person Subject to Disclosure the following questions:

 Have you or your company ever been convicted of a crime (all felonies and misdemeanors as defined under the New York State Penal Law or the equivalent under Federal law or the laws of any other State) including, but not limited to, conviction for commission of fraud, embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements or receiving stolen property?

 Are you or your company subject to any pending criminal charges (all felonies and misdemeanors as defined under the New York State Penal Law or the equivalent under Federal law or the laws of any other State)?

I certify that the names and titles of Persons Subject to Disclosure who refused to answer either of the questions above are:

1. ______

2. ______

3. ______

4. ______

5. ______

(If more space is needed, please attach separate pages labeled “REFUSED to Answer - Continued.”)

I certify that the names and titles of Persons Subject to Disclosure who answered “Yes” to either of the questions above are:

1. ______

2. ______

3. ______

4. ______

5. ______

(If more space is needed, please attach separate pages labeled “YES Answers - Continued.”)

Each Person Subject to Disclosure listed above who has either been convicted of a crime(s) and/or is subject to a pending criminal charge(s) must answer additional questions. Those questions are below.

A Person Subject to Disclosure who has been convicted of a crime(s) must respond to the following (please attach separate pages with responses for each person, with their name and title): 1.) Describe the reason for being on County property if applicable, identify the specific duties and responsibilities on this project which you intend to perform for the County, including but not limited to, access to sensitive data and facilities and access to vulnerable populations. 2.) Please list all criminal convictions along with a brief description of the crime(s) (including all felonies and misdemeanors as defined under the New York State Penal Law or the equivalent under Federal law or the laws of any other State). 3.) Please provide the date and place of each conviction. 4.) Please provide your age at the time of each crime for which you were convicted. 5.) Please provide the legal disposition of each case. 6.) Please provide any information either produced by yourself or someone on your behalf in regards to your rehabilitation and good conduct.

A Person Subject to Disclosure who is subject to a pending criminal charge(s) must respond to the following (please attach separate pages with responses for each person, with their name and title): 1.) Describe the reason for being on County property and if applicable, identify the specific duties and responsibilities on this

project which you intend to perform for the County, including but not limited to, access to sensitive data and facilities and access to vulnerable populations. 2.) Please identify all pending criminal charges (all felonies and misdemeanors as defined under the New York State Penal Law or the equivalent under Federal law or the laws of any other State). 3.) Please briefly describe the nature of the pending charges and the date upon which it is alleged that a crime was committed.

I hereby certify that all of the information provided herein (and in any and all attachments) is true and accurate and that all disclosures required by Executive Order 1-2008 and this Criminal Background Disclosure Form and Certification have been completed. By my signature below, I hereby affirm that all of the facts, statements and answers contained herein (and in any and all attachments) are true and correct. I understand that providing false or incomplete information or withholding by omission or intention pertinent information will be cause for refusing further consideration of my being utilized under this contract.

It is understood and agreed that no Person Subject to Disclosure shall perform work or services or enter onto County property until this required Criminal Background Disclosure Form and Certification is filed with the Procuring Officer.

It is understood and agreed that to the extent that new Persons Subject to Disclosure are proposed to perform work or provide services under this contract after filing of this Criminal Background Disclosure Form and Certification with the Procuring Officer, such new Persons Subject to Disclosure shall not perform work or provide services or enter into County property until an updated Criminal Background Disclosure Form and Certification has been filed with the Procuring Officer.

It is further understood and agreed that the consultant, contractor, lessee, or licensee has a continuing obligation to maintain the accuracy of the Criminal Background Disclosure Form and Certification for the duration of this contract, including any amendments or extensions thereto, and shall provide any updates to the information to the County as necessary to comply with the requirements of Executive Order 1-2008.

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Name: ______Title: ______Date: ______

______Notary Public Date

SCHEDULE “E-1” INSURANCE REQUIREMENTS

A. Automobile / Bus Liability Insurance Currently approximately 5 buses and 2 service vehicles for Scope A work

To the extent required by law, the County shall be responsible for and indemnify the Successful Proposer from all damages, claims, costs and judgments arising directly out the services provided under this Agreement, no matter when such are paid even beyond the expiration of this Agreement, when damages, claims, costs and judgments are based wholly upon the negligence of the Successful Proposer in the performance of its duties hereunder. Nothing contained herein shall be construed to obligate the County to indemnify the Successful Proposer for willful or intention tortuous acts, gross negligence or recklessness, or for any claim or cause of action arising directly or indirectly out of activities beyond the scope of the services to be provided under this Agreement.

The parties acknowledge that the County is currently providing automobile liability insurance coverage for independent Carriers providing mass transportation services pursuant to Operating Assistance Agreements. The Successful Proposer agrees to participate in conjunction with other independent Carriers in such County sponsored insurance programs as it now exists or may hereafter be modified or amended. The proportionate cost of the Successful Proposers’ participation in such insurance program shall be an expense of the Successful Proposer but shall be paid in the first instance by the County, provided that, if the Successful Proposers’ revenue for the term hereof shall exceed its net operating expensed, then and in that event, the Successful Proposer shall, upon demand, reimburse the County for such insurance costs. The Successful Proposer agrees to accept as final the County’s good faith determination of the allocation of insurance costs among participating Carriers.

In addition, the Successful Proposer shall obtain such other and additional insurance coverage of the type and in the amounts specified in Schedule “E-1A” which is attached hereto and made a part hereof. The cost of such insurance, to the extent it is related to the service to be provided under this agreement, may be included in the actual cost of operation.

SCHEDULE E-1A STANDARD INSURANCE PROVISIONS (Carrier)

1. Prior to commencing work, the Carrier shall obtain at its own cost and expense the required insurance from insurance companies licensed in the State of New York, carrying a Best's financial rating of A or better, and shall provide evidence of such insurance to the County of Westchester, as may be required and approved by the Director of Risk Management of the County. The policies or certificates thereof shall provide that thirty days prior to cancellation or material change in the policy, notices of same shall be given to the Director of Risk Management of the County of Westchester by registered mail, return receipt requested, for all of the following stated insurance policies. All notices shall name the Carrier and identify the Agreement.

If at any time any of the polices required herein shall be or become unsatisfactory to the County, as to form or substance, or if a company issuing any such policy shall be or become unsatisfactory to the County, the Carrier shall upon notice to that effect from the County, promptly obtain a new policy, submit the same to the Department of Risk Management of the County of Westchester for approval and submit a certificate thereof. Upon failure of the Carrier to furnish, deliver and maintain such insurance, the Agreement, at the election of the County, may be declared suspended, discontinued or terminated. Failure of the Carrier to take out, maintain, or the taking out or maintenance of any required insurance, shall not relieve the Carrier from any liability under the Agreement, nor shall the insurance requirements be construed to conflict with or otherwise limit the contractual obligations of the Carrier concerning indemnification. All property losses shall be made payable to and adjusted with the County.

In the event that claims, for which the County may be liable, in excess of the insured amounts provided herein are filed by reason of Carrier’s negligent acts or omissions under the Agreement or by virtue of the provisions of the labor law or other statute or any other reason, the amount of excess of such claims or any portion thereof, may be withheld from payment due or to become due the Carrier until such time as the Carrier shall furnish such additional security covering such claims in form satisfactory to the County of Westchester.

2. The Carrier shall provide proof of the following coverage (if additional coverage is required for a specific agreement, those requirements will be described in the "Special Notices" of the contract specifications):

(a) Workers' Compensation. Certificate form C-105.2 or State Fund Insurance Company form U-26.3 is required for proof of compliance with the New York State Workers' Compensation Law. State Workers' Compensation Board form DB-120.1 is required for proof of compliance with the New York State Disability Benefits Law. Location of operation shall be "All locations in Westchester County, New York."

Where an applicant claims to not be required to carry either a Workers' Compensation Policy or Disability Benefits Policy, or both, the employer must complete NYS form CE-200, available to download at: http://www.wcb.ny.gov.

If the employer is self-insured for Worker's Compensation, he/she should present a certificate from the New York State Worker's Compensation Board evidencing that fact (Either SI-12, Certificate of Workers’ Compensation Self-Insurance, or GSI-105.2, Certificate of Participation in Workers’ Compensation Group Self-Insurance).

(b) Employer's Liability with minimum limit of $100,000.00.

(c) Commercial General Liability Insurance with a minimum limit of liability per occurrence of $1,000,000.00 for bodily injury and $100,000.00 for property damage or a combined single limit of $1,000,000.00 (c.s.l.), naming the County of Westchester as an additional insured. This insurance shall in include the following coverages:

(i) Premises - Operations. (ii) Broad Form Contractual. (iii) Independent Contractor and Sub-Contractor. (iv) Products and Completed Operations.

(d) Automobile Liability Insurance with a minimum limit of liability per occurrence of $5,000,000.00 per occurrence for bodily injury and a minimum limit of $500,000.00 per occurrence for property damage or a combined single limit of $5,000,000.00 unless otherwise indicated in the contract specifications. This insurance shall include for bodily injury and property damage the following coverages:

(i) Owned automobiles. (ii) Hired automobiles. (iii) Non-owned automobiles.

3. All policies of the Carrier shall be endorsed to contain the following clauses:

(a) Insurers shall have no right to recovery or subrogation against the County of Westchester (including its employees and other agents and agencies), it being the intention of the parties that the insurance policies so effected shall protect both parties and be primary coverage for any and all losses covered by the above-described insurance.

(b) The clause "other insurance provisions" in a policy in which the County of Westchester is named as an insured, shall not apply to the County of Westchester.

(c) The insurance companies issuing the policy or policies shall have no recourse against the County of Westchester (including its agents and agencies as aforesaid) for payment of any premiums or for assessments under any form of policy.

(d) Any and all deductibles in the above described insurance policies shall be assumed by and be for the account of, and at the sole risk of, the Carrier.

SCHEDULE “E-2” INSURANCE AND INDEMNIFICATION

The services provided under this agreement will utilize County-owned vehicles and other equipment assigned to the Successful Proposer. The Successful Proposer will be required to assume responsibility for all risks of loss through physical damage, including collision and comprehensive losses to all County-owned vehicles, except for the costs related to expenses incurred by the Successful Proposer under the self insurance program outlined in Schedule E-2A. which shall be reimbursed by the County upon submission of reasonable documentation supporting such costs, and will be required to procure, pay the entire premium for and maintain throughout the term of the Contract, insurance in amounts and types specified by the County in Schedule E-2A.

The Successful Proposer agrees to require that all of its subcontractors, in connection with work performed for the Successful Proposer related to the subsequent contract, procure, pay the entire premium for and maintain throughout the term of the contract insurance in amounts and types equal to that specified by the County for the Successful Proposer.

Prior to commencing work, the Successful Proposer shall obtain at its own cost and expense the required insurance from insurance companies licensed in the State of New York, carrying a Best's financial rating of A or better. The Successful Proposer shall furnish to the County, Certificates of Insurance or at the discretion of the County’s Director of Risk Management, Declaration Pages for each such policy of insurance and upon request, a true and certified original copy of each such policy, evidencing compliance with the aforesaid insurance requirements. In the case of commercial general liability insurance, the County of Westchester shall be named as an additional insured and the Successful Proposer shall furnish a Declaration Page and endorsement page evidencing the County’s status as an additional insured on said policy.

All such Declaration Pages, certificates and other evidence of insurance shall provide for the County of Westchester to be notified in writing thirty (30) days prior to any cancellation, nonrenewal or material change in said policies. Such Declaration Pages, certificates, policies and other evidence of insurance and notices shall be mailed to the Department of Public Works and Transportation at 148 Martine Avenue, White Plains, NY 10601, or at such other address of which the County shall give to the Successful Proposer in writing.

In the event Successful Proposer shall fail to provide the Declaration Pages or certificates of insurance or to maintain any insurance required by any contract that is the result of this RFP, the County may, but shall not be required to, obtain such policies and deduct the cost thereof from payments due Successful Proposer under the subsequent contract or any other contract between the County and the Successful Proposer.

Upon failure of the Successful Proposer to furnish, deliver, and maintain such insurance as herein provided, by any contract that is the result of this RFP, at the election of the County, may be forthwith suspended, discontinued, or terminated. Failure of the Successful Proposer to take

out and/or maintain any required insurance shall not relieve the Successful Proposer from any liability under the contract, nor shall the insurance requirements be construed to conflict with the obligations of the Successful Proposer concerning indemnification.

In the event that claims, for which the County may be liable, in excess of the insured amounts provided herein are filed by reason of Successful Proposer’s negligent acts or omissions under the Agreement or by virtue of the provisions of the labor law or other statute or any other reason, the amount of excess of such claims or any portion thereof, may be withheld from payment due or to become due the Successful Proposer until such time as the Successful Proposer shall furnish such additional security covering such claims in form satisfactory to the County of Westchester.

The insurance requirements under this agreement shall not be construed to relieve the Successful Proposer of any liability in excess of such coverage.

Certain obligations have devolved upon the County pursuant to the statutory scheme providing for the creation and operation of its transportation system, as enunciated in court decisions including Coleman v Westchester St. Trans. co. 57 N.Y. 2d 734 (1982) and related cases.

The Successful Proposer shall, in the first instance, furnish defense for and defend any and all claims, demands or causes of action arising out this Agreement, provided that the County shall have the right, at any stage, to undertake such litigation and to administer and settle all claims. The name of any attorney or firm of attorneys proposed to be retained by the Successful Proposer to defend the County shall be subject to the approval of the County prior to the commencement of any work, and approval shall not be unreasonable withheld. Additionally, the Successful Proposer shall require that any attorney or firm of attorneys approved by the County agree, during any period of engagement to perform such defense work, not to represent another client in any action or proceeding against the County except with the express written consent of the County Attorney after full disclosure. The Successful Proposer shall ensure that, if requested by the County, such attorney or firm shall acknowledge such agreement in writing. Upon request, the Successful Proposer shall submit to the County copies of the reports required to be submitted to the New York State Department of Transportation setting forth the extent of all claims of matters pending. The Successful Proposer shall also furnish such other information with regard to such matters as the County may from time to time request in writing.

It is expressly understood and agreed that the compromise or settlement of all claims, demands, or causes of action against the County, arising directly or indirectly out of the services to be provided under this Agreement is governed by the provisions of Chapters 158 and 217 of the Laws of Westchester County, as amended. The Successful Proposer shall not do anything inconsistent with those statutes or in any way obligate or attempt to obligate the county by way of settlement or otherwise except with the consent of the appropriate County official or Board authorized by law to approve such settlement. Consistent with the foregoing, the Successful Proposer shall have authority to settle claims as may, from time to time, be conveyed to the Successful Proposer in writing by the County Attorney in accordance with the powers granted to him/her under applicable laws. The partied shall work together to handle claims and settlements in accordance with the procedures attached hereto as Schedule “E-2B”, Settlement Procedures.

The foregoing notwithstanding, it is understood and agreed that pursuant to statute the approval of certain settlements is vested in the Board of Acquisition and Contract or the Board of Legislators of the County of Westchester. Nothing contained herein, nor any acceptance of the benefits or purported consent to any settlement, or any agreement to present such settlement for approval shall be deemed to limit, alter or diminish the authority of such respective Boards with regard to the approval of settlements. It is expressly understood and agreed that no settlement shall be considered final and conclusive unless and until it shall be approved by the County Board or official vested by statute with approval authority.

The Successful Proposer represents and warrants that it is now and shall remain in compliance with all requirements of the New York State Department of Transportation pertaining to its status as a self-insurer and the maintenance of its self-insured retention fund. In addition, the Successful Proposer shall maintain in full force and effect for the Term of the Agreement such insurance, naming the County as additional insured, of the type and in the limits specified in Schedule E-2A which is attached hereto and made a part hereof. The Successful Proposer shall provide proof of such insurance to the County fifteen (15) days prior to the start of this Agreement. In addition as each policy expires, the Successful Proposer shall bind liability insurance again in accordance with Schedule E-2A. In procuring such insurance, the Successful Proposer shall obtain sealed proposals (including price proposals) from not less than three (3) providers of insurance, based on specifications and requirements specified on Schedule E-2A. The Successful Proposer shall notify the County in advance of the date, time and place of proposal opening. The County reserves the right to increase the minimum liability insurance and property insurance set forth in Schedule E-2A when in the County’s reasonable opinion, the risks attendant to Successful Proposer’s operations hereunder have increased so as to justify increased coverage.

At least ninety (90) days prior to the expiration date of any such existing insurance provided for the operation hereunder or any subsequent annual renewal thereof, the County may notify the Successful Proposer that the County intends to obtain quotations from one or more insurance companies licensed to do business in the State of New York for the cost of providing such insurance coverage to the County. In the event of the foregoing, the County and the Successful Proposer agree that the Successful Proposer will recommend up to two brokers that will be included in the solicitation process conducted by the County. Upon request, the Successful Proposer shall furnish all loss experience recorded and other data for the preceding three (3)

years necessary to enable the County to obtain such quotations. In the event that the County decides not to directly acquire such insurance, then the County will give the Successful Proposer written notice at least sixty (60) days prior to the expiration of the Successful Proposer’s current insurance of the County’s decision not to provide its own insurance coverage.

The Successful Proposer shall procure property insurance on its contents and business interruption insurance. The proceeds of such business interruption insurance shall be applied against any additional costs incurred by the Successful Proposer and shall inure to the benefit of the County.

SCHEDULE “E-2A” INSURANCE REQUIREMENTS

The County will reimburse the Successful Proposer for the insurance listed below as reimbursable expenses. In addition, the County will reimburse for other insurance as a reimbursable expense that may become necessary during the course of this Agreement, with express written approval by the County prior to its purchase.

Bus Liability: Currently approximately 324 vehicles for Scope B work 1

Limit: $30,000,000 SIR: $250,000

 County to fund the SIR as a reimbursable expense under the Bus Operating Agreement (BOA).  Insurance companies A.M. Best rating of A or better.  County to be a named additional insured on policy.  Policy shall have no right of recovery or subrogation against the County of Westchester (including its employees, agents, directors and officers).  Each policy shall provide a minimum 30 day notice to the County of Westchester .for any cancellations or material changes to the policy.  Hired / Non-Owned Auto liability coverage to be included.  County to participate in procuring renewal program.  Blanket additional insured endorsement - covering written contracts, letter agreements, and permits.  The cost of any insurance policy is not a reimbursable expense under the Bus Operating Agreement (BOA).

General Liability/Property Insurance (to be written as a package policy): A) Property: 2 Locations: 475 Saw Mill River Rd. Yonkers, NY 10703 (Loc #1) 5 Walker Road, Valhalla NY 10595 (Loc #2) Business Personal Property: $1,000,000 limit (Loc #1) $500,000 limit (Loc #2) Blanket Business Income limit: $10,920,000 Equipment Breakdown: $1,000,000 limit (Loc #1) $500,000 limit (Loc #2) Electronic Data Processing: $500,000 each location

B) General Liability: $1,000,000 Each Occurrence $2,000,000 General Aggregate

1 If the Successful Proposer is awarded both Part A and B Scopes of Work, the current total bus count = 329

$2,000,000 Products & Completed Operations (General Aggregate) $1,000,000 Personal & Advertising Injury $1,000,000 Damage to Rented Premises $5,000 Medical Expense (any one person)

 Insurance companies A.M. Best rating of A or better.  County to be named as an additional insured.  Blanket additional insured endorsement - covering written contracts, letter agreements, and permits.

Service Vehicles: Currently approximately 18 vehicles2

$1,000,000 CSL PIP: $50,000 Added PIP: $100,000 OBEL: $25,000 Uninsured/Underinsured Motorist: $1,000,000 CSL Medical Payments: $10,000 Scheduled Auto Physical Damage (Comprehensive & Collision): $1,000 deductible Towing Rental Reimbursement Hired Auto Liability Hired Care Physical Damage Non-owned Liability

 County to participate in procuring program renewals.  Insurance companies A.M. Best rating of A or better.  30 day notice of cancellation or change in policy.

Pollution Liability: $5,000,000 Limit Each Loss/Aggregate $50,000 Deductible 7 Underground Tanks

 Insurance companies A.M. Best rating of A or better.  County to be a named insured.  County to participate in procuring program renewals.  30 day notice of cancellation or change in policy.

2 If the Successful Proposer is awarded both Part A and B Scopes of Work, the current total service vehicle count = 20

EPLI/D&O/Fiduciary Liability/Crime: $5,000,000 limit EPLI/D&O/Fiduciary Liability $500,000 Crime Limit

Felonious Assault: $100,000 Limit

Workers Compensation / Employers Liability / Disability Benefits:

The Contractor shall furnish to the County, prior to its execution of the Contract, the documentation required by the State of New York Workers’ Compensation Board for coverage or exemption from coverage pursuant to §§57 and 220 of the Workers’ Compensation Law. In accordance with General Municipal Law §108, the Contract shall be void and of no effect unless the Contractor shall provide and maintain coverage during the term of the Contract for the benefit of such employees as are required to be covered by the provisions of the Workers’ Compensation Law. Statutory limits shall apply.

Employer’s Liability insurance in compliance with all applicable New York State laws and regulations and Disability Benefits insurance, if required by law.

Terminal Coverage for Buses in Garages (addresses as identified above under General Liability/Property): $135,000,000 Limit $250,000 Deductible

 County to be a named insured.  County to participate in procuring program renewals.

Additional Insureds: The following are included as Additional Insured’s for the operation of certain vehicles on the County’s behalf: a. All Fleets:

New York State D.O.T. Building 7A, Rm. 405 1220 Washington Ave. Albany, New York 12232

b. To Be Determined: From time to time during the performance of the agreement it is understood it may be necessary to add other entities as additional insured’s. Accordingly any Additional insured required by written contract, permit, license, and or letter agreement are automatically covered.

Endorsements

All policies of the Contractor shall be endorsed to contain the following clauses:

a. Insurers shall have no right to recovery or subrogation against the County of Westchester (including its employees and other agents and agencies), it being the intention of the parties that the insurance policies so effected shall protect both parties and be primary coverage for any and all losses covered by the above- described insurance. b. The clause "other insurance provisions" in a policy in which the County of Westchester is named as an insured, shall not apply to the County of Westchester. c. The insurance companies issuing the policy or policies shall have no recourse against the County of Westchester (including its agents and agencies as aforesaid) for payment of any premiums or for assessments under any form of policy. d. Any and all deductibles in the above described insurance policies shall be assumed by and be for the account of, and at the sole risk of, the Contractor.

SCHEDULE “E-2B” SETTLEMENT PROCEDURES

1. Claims asserted against the Successful Proposer only, in which the County is not named as a party, are not subject to these procedures since they do not constitute claims against the County. All other claims against the County, including claims for no-fault benefits which have been submitted to arbitration, shall be settled in accordance with these procedures and as set forth in the County Charter.

2. The Deputy County Attorney in charge of litigation matters (“Deputy County Attorney”) shall be primarily responsible for the implementation of these procedures and the coordination of activities between the County and the authorized representative of Successful Proposer or its outside legal counsel (“Legal Representative”). The Deputy County Attorney will designate an Attorney in the Litigation Bureau to work with the Legal Representative on an on-going basis. This designation shall be subject to change at the discretion of the Deputy County Attorney immediately upon notice to the Successful Proposer.

The County designated Attorney shall be available on a not less frequent than weekly basis to discuss with the Legal Representative, in person at the Office of the County Attorney or by teleconferencing, all outstanding or pending matters. The County designated Attorney shall only be authorized to gather sufficient information on all matters recommended by the Legal Representative for settlement for presentation to the Deputy in charge and the County Attorney. Settlement may not be made prior to or “subject to” the approval of the County Attorney. If it is anticipated that a settlement offer will be received on the day of trial, then the Legal Representative must contact the Department of Law in advance so that the appropriate individuals can be briefed. In addition, arrangements will be made to have someone receive calls if the Legal Representative needs to contact the Department of Law from court.

THE COUNTY ATTORNEY IS THE ONLY PERSON AUTHORIZED BY STATUTE TO SETTLE OR

COMPROMISE CLAIMS AGAINST THE COUNTY SUBJECT TO THE LIMITS SET FORTH IN THE

COUNTY CHARTER. NO SETTLEMENTS ARE AUTHORIZED TO BE MADE BY OR ON BEHALF OF

SUCCESSFUL PROPOSER EXCEPT AFTER APPROVAL HAS BEEN GIVEN IN ACCORDANCE WITH

THE PROCEDURES SET FORTH HEREIN.

ALL SETTLEMENTS.

3. A request for the settlement of claims shall be accompanied by a memorandum from the Legal Representative setting forth the following information: (i) name of claimant, (ii) address of claimant, (iii) time, date and place of incident, (iv) description of incident, (v) description of injury, (vi) amount claimed and settlement amount, and (vii) such other and further documentation and information as the County Attorney may reasonably require. Such memorandum should also contain a statement of the Legal Representative’s recommendation on the appropriateness of such settlement.

4. For all claims which are proposed to be settled for amounts up to $10,000, the approval may be communicated back to the Legal Representative via telephone by the County designated Attorney. All reasonable efforts shall be made to respond within ten (10) business days.

5. All claims which are settled, regardless of the amount, shall be accompanied by a general release in the customarily accepted form, duly acknowledged and sufficient to release the County of Westchester, its officers, agents and employees from any and all further liability in connection with the settled claim. An original of each such release shall be forwarded to the County, together with the stipulation of discontinuance, if any, and any other relevant papers.

SETTLEMENTS OVER $10,000.

6. Regardless of any inconsistent statements contained herein, it is expressly agreed that all settlements shall be subject to the provisions of the Westchester County Charter and applicable law including, without limitation, Chapter 158 of the Westchester County Charter.

Pursuant to Chapter 158, the County Attorney has the power to compromise, settle or adjust claims against the County for an amount not to exceed Ten Thousand ($10,000) Dollars. Settlements in excess of Ten Thousand ($10,000) Dollars, but not more than Seventy Five Thousand ($75,000) Dollars, for personal injury or property damage, are subject to the approval of the Westchester County Board of Acquisition and Contract. All other settlements are subject to the approval of the Westchester County Board of Legislators. Upon receipt of all required information and documentation required, the County Attorney’s office will use reasonable efforts to present the matter to the appropriate Board for approval at its next regularly scheduled meeting.

7. The approval of such settlements for amounts in excess of Ten Thousand ($10,000) Dollars shall be evidenced by the transmittal of a copy of a duly approved resolution from the Board of Acquisition and Contract or legislation of the County Board of Legislators, which ever may be applicable, and shall be subject to such conditions, restrictions and requirements as may be contained therein. The Legal Representative’s office will return a properly executed release together with the Stipulation of Discontinuance, if any, and any other relevant papers as specified in (5) above.

8. These procedures are subject to modification by the County Attorney on thirty (30) days’ written notice, determined in good faith in the interests of the County of Westchester, for reasons of economy, efficiency, organizational changes to the office of the County Attorney, or changes in authorizing law.

SCHEDULE “F” PRICE PROPOSAL FORM

2014 2015 2016 2017 2018 Fixed Fee Fixed Fee Fixed Fee Fixed Fee Fixed Fee Including Including Including Including Including ULSDF ULSDF ULSDF ULSDF ULSDF $ $ $ $ $

Fixed Fee Fixed Fee Fixed Fee Fixed Fee Fixed Fee Excluding Excluding Excluding Excluding Excluding ULSDF ULSDF ULSDF ULSDF ULSDF $ $ $ $ $

Hourly Fee for Hourly Fee for Hourly Fee for Hourly Fee for Hourly Fee for Supplemental Supplemental Supplemental Supplemental Supplemental Service Service Service Service Service $ $ $ $ $

2019 2020 2021 2022 2023 Fixed Fee Fixed Fee Fixed Fee Fixed Fee Fixed Fee Including Including Including Including Including ULSDF ULSDF ULSDF ULSDF ULSDF $ $ $ $ $

Fixed Fee Fixed Fee Fixed Fee Fixed Fee Fixed Fee Excluding Excluding Excluding Excluding Excluding ULSDF ULSDF ULSDF ULSDF ULSDF $ $ $ $ $

Hourly Fee for Hourly Fee for Hourly Fee for Hourly Fee for Hourly Fee for Supplemental Supplemental Supplemental Supplemental Supplemental Service Service Service Service Service $ $ $ $ $

SCHEDULE “G” BUS ROUTES

Bus Routes 16 and 18/31 are operated by PTLA. All other routes are operated by Liberty Lines. Detailed schedules can be accessed on the County’s website at: http://transportation.westchestergov.com/timetables-and-maps

1C Bronx - Westchester Community College 1T Bronx - Tarrytown

1W Bronx - White Plains 1X Bronx - Westchester Community College

2 Bronx - Tudor Woods

3 Bronx - White Plains

4 Bronx - Yonkers

5 Yonkers - White Plains - Harrison

6/6U Yonkers - White Plains - Pleasantville

7 Yonkers - Mount Vernon - New Rochelle

8 Mount St. Vincent - Yonkers - Tuckahoe

9 North Yonkers - Yonkers RR Station

10 Croton Commuter

11 Croton Express

12 Armonk - Westchester Airport - Purchase - White Plains

13 Ossining - Tarrytown - Port Chester - Rye

Peekskill - Ossining - White Plains 14/17 Peekskill - White Plains Express

15 Peekskill - Yorktown - White Plains

16 Peekskill - Jefferson Valley

18/31 Peekskill Commuter

19 Ossining - Mount Kisco - Katonah

20/21 Bronx - White Plains

25 Bronx - Yonkers

26 Bronx - Yonkers - Bronxville

27 Skyline Drive - Eastview - White Plains Limited

30 Yonkers - Bronxville - New Rochelle

32 Yonkers Loop

34/38/39 Orchard Hill, Secor Road & Ridge Road Commuter

40/41/43 Mount Vernon - White Plains - Westchester Medical Center

42 Bronx - Mt. Vernon - New Rochelle

45/45Q Eastchester - New Rochelle - Pelham Bay / Top of the Ridge - New Rochelle

52 Bronx - Mount Vernon - Bronxville

53 Mount Vernon - Chester Heights

54 Mount Vernon Local

55 Bronx - Mount Vernon - Yonkers

Bronx - New Rochelle - White Plains 60/62/61 Bronx - New Rochelle - White Plains Express Bronx - New Rochelle - Port Chester

63 Scarsdale - White Plains - Effective July 22, 2013

64/65 Green Knolls, Longview Commuter - Effective July 1, 2013

66 Dobbs Ferry - Scarsdale - Larchmont - New Rochelle

Bonnie Briar Commuter 70/71 Larchmont Manor Commuter

77 Taconic Express

78 Getty Square - Stew Leonard's Drive

Mount Vernon Special 400

430/440/470 Yonkers Special

New Rochelle Special 450/460

BxM4C (Rte 28) Westchester - Manhattan

Loops Loops A, B, C, D, F, H

SCHEDULE “H” BUSES AND OTHER VECHILES

[ATTACHED STARTING ON NEXT PAGE]

PART A VEHICLES

ACQ. USEFUL YR MANUFACTURER ACCESS SEATS PLATE# ID # DATE OPERATOR LIFE

2005 ORION V Lift 29 L88169 130 Mar-05 PTLA 10 Years 2005 ORION V Lift 29 L59726 131 Mar-05 PTLA 10 Years 2005 ORION V Lift 29 L88167 132 Mar-05 PTLA 10 Years 2005 ORION V Lift 29 L88158 133 Mar-05 PTLA 10 Years 2005 ORION V Lift 29 L88172 134 Mar-05 PTLA 10 Years

2005 Chevy Silverado 5-Oct- L84810 51644 13 PTLA 2009 Mercury Mariner 11-Apr- Hybrid M58746 176044 13 PTLA

PART B VEHICLES

ACQ. USEFUL YR MANUFACTURER ACCESS SEATS PLATE# ID # DATE OPERATOR LIFE

2005 ORION V Lift 29 L64226 116 Feb-05 Liberty 10 Years 2005 ORION V Lift 29 L88166 117 Mar-05 Liberty 10 Years 2005 ORION V Lift 29 L87535 118 Mar-05 Liberty 10 Years 2005 ORION V Lift 29 L64227 119 Feb-05 Liberty 10 Years 2005 ORION V Lift 29 L87533 120 Apr-05 Liberty 10 Years 2005 ORION V Lift 29 L87534 121 Apr-05 Liberty 10 Years 2005 ORION V Lift 29 L88165 122 Mar-05 Liberty 10 Years 2005 ORION V Lift 29 L87536 123 Mar-05 Liberty 10 Years 2005 ORION V Lift 29 L87537 124 Mar-05 Liberty 10 Years 2005 ORION V Lift 29 L59729 125 May-05 Liberty 10 Years 2005 ORION V Lift 29 L88164 126 May-05 Liberty 10 Years 2005 ORION V Lift 29 L87538 127 Mar-05 Liberty 10 Years 2005 ORION V Lift 29 L88168 128 Mar-05 Liberty 10 Years 2005 ORION V Lift 29 L88170 129 Mar-05 Liberty 10 Years 2005 ORION V Lift 29 R38911 135 Mar-05 Liberty 10 Years 2005 ORION V Lift 29 L88173 136 Mar-05 Liberty 10 Years

2006 ORION VII Ramp 40 R38910 201 Jul-06 Liberty 12 Years 2006 ORION VII Ramp 40 L84947 202 Jul-06 Liberty 12 Years 2006 ORION VII Ramp 40 L84946 203 Jul-06 Liberty 12 Years 2006 ORION VII Ramp 40 R38909 204 Jul-06 Liberty 12 Years

2009 NABI Ramp 39 M58767 205 May-09 Liberty 12 Years 2009 NABI Ramp 39 M60075 206 Jun-09 Liberty 12 Years 2009 NABI Ramp 39 R38940 207 Jul-09 Liberty 12 Years 2009 NABI Ramp 39 M60077 208 Jul-09 Liberty 12 Years 2009 NABI Ramp 39 M60081 209 Jul-09 Liberty 12 Years

2009 NABI Ramp 39 M60079 210 Jul-09 Liberty 12 Years 2009 NABI Ramp 39 M60078 211 Jul-09 Liberty 12 Years 2009 NABI Ramp 39 M55230 212 Jul-09 Liberty 12 Years 2009 NABI Ramp 39 M55236 213 Jul-09 Liberty 12 Years 2009 NABI Ramp 39 M60080 214 Jul-09 Liberty 12 Years 2009 NABI Ramp 39 R38941 215 Jul-09 Liberty 12 Years 2009 NABI Ramp 39 R38942 216 Jul-09 Liberty 12 Years 2009 NABI Ramp 39 M55238 217 Jul-09 Liberty 12 Years 2009 NABI Ramp 39 M55233 218 Jul-09 Liberty 12 Years 2009 NABI Ramp 39 R38943 219 Jul-09 Liberty 12 Years 2009 NABI Ramp 39 M55235 220 Jul-09 Liberty 12 Years 2009 NABI Ramp 39 M55261 221 Jul-09 Liberty 12 Years 2009 NABI Ramp 39 M55231 222 Jul-09 Liberty 12 Years 2009 NABI Ramp 39 M55241 223 Jul-09 Liberty 12 Years 2009 NABI Ramp 39 M55234 224 Jul-09 Liberty 12 Years 2009 NABI Ramp 39 M55242 225 Jul-09 Liberty 12 Years 2009 NABI Ramp 39 R39945 226 Jul-09 Liberty 12 Years 2009 NABI Ramp 39 M55259 227 Jul-09 Liberty 12 Years 2009 NABI Ramp 39 R38944 228 Jul-09 Liberty 12 Years 2009 NABI Ramp 39 R38947 229 Aug-09 Liberty 12 Years 2009 NABI Ramp 39 R38908 230 Aug-09 Liberty 12 Years 2009 NABI Ramp 39 R38946 231 Aug-09 Liberty 12 Years 2009 NABI Ramp 39 R37150 232 Aug-09 Liberty 12 Years 2009 NABI Ramp 39 R38948 233 Aug-09 Liberty 12 Years 2009 NABI Ramp 39 R38907 234 Aug-09 Liberty 12 Years 2009 NABI Ramp 39 R38949 235 Aug-09 Liberty 12 Years 2009 NABI Ramp 39 R38925 236 Aug-09 Liberty 12 Years 2009 NABI Ramp 39 R38906 237 Aug-09 Liberty 12 Years 2009 NABI Ramp 39 R38905 238 Aug-09 Liberty 12 Years 2009 NABI Ramp 39 R38904 239 Aug-09 Liberty 12 Years 2009 NABI Ramp 39 R38926 240 Aug-09 Liberty 12 Years 2009 NABI Ramp 39 R38927 241 Aug-09 Liberty 12 Years 2009 NABI Ramp 39 R38903 242 Aug-09 Liberty 12 Years 2009 NABI Ramp 39 R38928 243 Aug-09 Liberty 12 Years 2009 NABI Ramp 39 R38902 244 Aug-09 Liberty 12 Years 2009 NABI Ramp 39 R38901 245 Aug-09 Liberty 12 Years 2009 NABI Ramp 39 R38929 246 Aug-09 Liberty 12 Years 2009 NABI Ramp 39 R38900 247 Aug-09 Liberty 12 Years 2009 NABI Ramp 39 R38974 248 Sep-09 Liberty 12 Years 2009 NABI Ramp 39 R38930 249 Aug-09 Liberty 12 Years 2009 NABI Ramp 39 R38973 250 Aug-09 Liberty 12 Years 2009 NABI Ramp 39 R38972 251 Aug-09 Liberty 12 Years 2009 NABI Ramp 39 R38971 252 Sep-09 Liberty 12 Years 2009 NABI Ramp 39 R38970 253 Sep-09 Liberty 12 Years 2009 NABI Ramp 39 R38931 254 Sep-09 Liberty 12 Years 2009 NABI Ramp 39 R38969 255 Sep-09 Liberty 12 Years 2009 NABI Ramp 39 R38968 256 Sep-09 Liberty 12 Years 2009 NABI Ramp 39 R37146 257 Sep-09 Liberty 12 Years 2009 NABI Ramp 39 R38932 258 Sep-09 Liberty 12 Years 2009 NABI Ramp 39 R38933 259 Sep-09 Liberty 12 Years

2009 NABI Ramp 39 R38935 260 Sep-09 Liberty 12 Years 2009 NABI Ramp 39 R38967 261 Sep-09 Liberty 12 Years 2009 NABI Ramp 39 R38966 262 Sep-09 Liberty 12 Years 2009 NABI Ramp 39 R38934 263 Sep-09 Liberty 12 Years 2009 NABI Ramp 39 R38936 264 Sep-09 Liberty 12 Years 2009 NABI Ramp 39 R37149 265 Sep-09 Liberty 12 Years 2009 NABI Ramp 39 R38937 266 Sep-09 Liberty 12 Years 2009 NABI Ramp 39 R38965 267 Oct-09 Liberty 12 Years 2009 NABI Ramp 39 R37148 268 Oct-09 Liberty 12 Years 2009 NABI Ramp 39 R38938 269 Oct-09 Liberty 12 Years 2009 NABI Ramp 39 R38964 270 Oct-09 Liberty 12 Years 2009 NABI Ramp 39 M55388 271 Oct-09 Liberty 12 Years 2009 NABI Ramp 39 R37157 272 Oct-09 Liberty 12 Years 2009 NABI Ramp 39 R38963 273 Oct-09 Liberty 12 Years 2009 NABI Ramp 39 R37153 274 Oct-09 Liberty 12 Years 2009 NABI Ramp 39 M67275 275 Oct-09 Liberty 12 Years 2009 NABI Ramp 39 R37147 276 Oct-09 Liberty 12 Years 2009 NABI Ramp 39 M67276 277 Oct-09 Liberty 12 Years 2009 NABI Ramp 39 M67281 278 Oct-09 Liberty 12 Years 2009 NABI Ramp 39 M67282 279 Oct-09 Liberty 12 Years 2009 NABI Ramp 39 M67284 280 Noc-09 Liberty 12 Years 2009 NABI Ramp 39 M67285 281 Nov-09 Liberty 12 Years 2009 NABI Ramp 39 M67288 282 Nov-09 Liberty 12 Years 2009 NABI Ramp 39 M67287 283 Nov-09 Liberty 12 Years 2009 NABI Ramp 39 M67292 284 Nov-09 Liberty 12 Years 2009 NABI Ramp 39 M67290 285 Nov-09 Liberty 12 Years 2009 NABI Ramp 39 M67291 286 Nov-09 Liberty 12 Years 2009 NABI Ramp 39 M67294 287 Nov-09 Liberty 12 Years 2009 NABI Ramp 39 M67293 288 Nov-09 Liberty 12 Years 2009 NABI Ramp 39 M67296 289 Nov-09 Liberty 12 Years 2009 NABI Ramp 39 M67297 290 Nov-09 Liberty 12 Years 2009 NABI Ramp 39 M67295 291 Nov-09 Liberty 12 Years 2009 NABI Ramp 39 M67298 292 Nov-09 Liberty 12 Years 2009 NABI Ramp 39 M67305 293 Dec-09 Liberty 12 Years 2009 NABI Ramp 39 M67299 294 Dec-09 Liberty 12 Years 2009 NABI Ramp 39 M67304 295 Dec-09 Liberty 12 Years 2009 NABI Ramp 39 M67300 296 Dec-09 Liberty 12 Years 2009 NABI Ramp 39 M67306 297 Dec-09 Liberty 12 Years 2009 NABI Ramp 39 M67307 298 Dec-09 Liberty 12 Years 2009 NABI Ramp 39 M67308 299 Dec-09 Liberty 12 Years 2009 NABI Ramp 39 M67282 279 Oct-09 Liberty 12 Years 2009 NABI Ramp 39 M67284 280 Noc-09 Liberty 12 Years 2009 NABI Ramp 39 M67285 281 Nov-09 Liberty 12 Years 2009 NABI Ramp 39 M67288 282 Nov-09 Liberty 12 Years 2009 NABI Ramp 39 M67287 283 Nov-09 Liberty 12 Years 2009 NABI Ramp 39 M67292 284 Nov-09 Liberty 12 Years 2009 NABI Ramp 39 M67290 285 Nov-09 Liberty 12 Years 2009 NABI Ramp 39 M67291 286 Nov-09 Liberty 12 Years 2009 NABI Ramp 39 M67294 287 Nov-09 Liberty 12 Years 2009 NABI Ramp 39 M67293 288 Nov-09 Liberty 12 Years

2009 NABI Ramp 39 M67296 289 Nov-09 Liberty 12 Years 2009 NABI Ramp 39 M67297 290 Nov-09 Liberty 12 Years 2009 NABI Ramp 39 M67295 291 Nov-09 Liberty 12 Years 2009 NABI Ramp 39 M67298 292 Nov-09 Liberty 12 Years 2009 NABI Ramp 39 M67305 293 Dec-09 Liberty 12 Years 2009 NABI Ramp 39 M67299 294 Dec-09 Liberty 12 Years 2009 NABI Ramp 39 M67304 295 Dec-09 Liberty 12 Years 2009 NABI Ramp 39 M67300 296 Dec-09 Liberty 12 Years 2009 NABI Ramp 39 M67306 297 Dec-09 Liberty 12 Years 2009 NABI Ramp 39 M67307 298 Dec-09 Liberty 12 Years 2009 NABI Ramp 39 M67308 299 Dec-09 Liberty 12 Years

2001 Neoplan Lift 68 L74900 501 Nov-03 Liberty 12 Years 2002 Neoplan Lift 68 R38939 502 Dec-01 Liberty 12 Years 2002 Neoplan Lift 68 R38999 503 Jan-02 Liberty 12 Years 2002 Neoplan Lift 68 K15675 504 Jan-02 Liberty 12 Years 2002 Neoplan Lift 68 R38998 505 Jan-02 Liberty 12 Years 2002 Neoplan Lift 68 R38997 506 Jan-02 Liberty 12 Years 2002 Neoplan Lift 68 R37158 507 Jan-02 Liberty 12 Years 2002 Neoplan Lift 68 R37154 508 Dec-01 Liberty 12 Years 2002 Neoplan Lift 68 R37155 509 Jan-02 Liberty 12 Years 2002 Neoplan Lift 68 R38996 510 Jan-02 Liberty 12 Years 2002 Neoplan Lift 68 R38984 511 Jan-02 Liberty 12 Years 2002 Neoplan Lift 68 R38983 512 Jan-02 Liberty 12 Years 2002 Neoplan Lift 68 R38982 513 Jan-02 Liberty 12 Years 2002 Neoplan Lift 68 R38981 514 Jan-02 Liberty 12 Years 2002 Neoplan Lift 68 R38980 515 Jan-02 Liberty 12 Years 2002 Neoplan Lift 68 R38979 516 Jan-02 Liberty 12 Years 2002 Neoplan Lift 68 R38978 517 Jan-02 Liberty 12 Years 2002 Neoplan Lift 68 R38977 518 Jan-02 Liberty 12 Years 2002 Neoplan Lift 68 R38976 519 Jan-02 Liberty 12 Years 2002 Neoplan Lift 68 R38975 520 Jan-02 Liberty 12 Years 2002 Neoplan Lift 68 R37199 521 Jan-02 Liberty 12 Years 2002 Neoplan Lift 68 R37198 522 Jan-02 Liberty 12 Years 2002 Neoplan Lift 68 R37197 523 Jan-02 Liberty 12 Years 2002 Neoplan Lift 68 R37196 524 Jan-02 Liberty 12 Years 2002 Neoplan Lift 68 R37195 525 Feb-02 Liberty 12 Years 2002 Neoplan Lift 68 R37194 526 Feb-02 Liberty 12 Years 2002 Neoplan Lift 68 R37193 527 Feb-02 Liberty 12 Years 2002 Neoplan Lift 68 K34153 528 Feb-02 Liberty 12 Years 2002 Neoplan Lift 68 R37192 529 Feb-02 Liberty 12 Years 2002 Neoplan Lift 68 R37191 530 Feb-02 Liberty 12 Years 2002 Neoplan Lift 68 K34158 531 Feb-02 Liberty 12 Years 2002 Neoplan Lift 68 R37190 532 Feb-02 Liberty 12 Years 2002 Neoplan Lift 68 R38995 533 Feb-02 Liberty 12 Years 2002 Neoplan Lift 68 K34162 534 Feb-02 Liberty 12 Years 2002 Neoplan Lift 68 R38994 535 Feb-02 Liberty 12 Years 2002 Neoplan Lift 68 R38993 536 Feb-02 Liberty 12 Years 2002 Neoplan Lift 68 K34166 537 Feb-02 Liberty 12 Years 2002 Neoplan Lift 68 R38992 538 Feb-02 Liberty 12 Years

2002 Neoplan Lift 68 R38991 539 Feb-02 Liberty 12 Years 2002 Neoplan Lift 68 R38990 540 Feb-02 Liberty 12 Years 2002 Neoplan Lift 68 R38989 541 Feb-02 Liberty 12 Years 2002 Neoplan Lift 68 R38988 542 Feb-02 Liberty 12 Years 2002 Neoplan Lift 68 R38987 543 Feb-02 Liberty 12 Years 2002 Neoplan Lift 68 R38986 544 Feb-02 Liberty 12 Years 2002 Neoplan Lift 68 R37156 545 Feb-02 Liberty 12 Years 2002 Neoplan Lift 68 R38985 546 Feb-02 Liberty 12 Years 2002 Neoplan Lift 68 R38962 547 Feb-02 Liberty 12 Years 2002 Neoplan Lift 68 R38961 548 Mar-02 Liberty 12 Years 2002 Neoplan Lift 68 R38960 549 Mar-02 Liberty 12 Years 2002 Neoplan Lift 68 R38959 550 Mar-02 Liberty 12 Years 2002 Neoplan Lift 68 R38958 551 Mar-02 Liberty 12 Years 2002 Neoplan Lift 68 R38957 552 Mar-02 Liberty 12 Years 2002 Neoplan Lift 68 R38956 553 Mar-02 Liberty 12 Years 2002 Neoplan Lift 68 R38955 554 Mar-02 Liberty 12 Years 2002 Neoplan Lift 68 R38954 555 Mar-02 Liberty 12 Years 2002 Neoplan Lift 68 R38953 556 Mar-02 Liberty 12 Years 2002 Neoplan Lift 68 R38952 557 Mar-02 Liberty 12 Years 2002 Neoplan Lift 68 R38951 558 Mar-02 Liberty 12 Years 2002 Neoplan Lift 68 R38950 559 Mar-02 Liberty 12 Years 2002 Neoplan Lift 68 R39001 560 Mar-02 Liberty 12 Years 2002 Neoplan Lift 68 R39000 561 Mar-02 Liberty 12 Years 2002 Neoplan Lift 68 R38924 562 Mar-02 Liberty 12 Years 2002 Neoplan Lift 68 R38923 563 Mar-02 Liberty 12 Years 2002 Neoplan Lift 68 R38922 564 Apr-02 Liberty 12 Years 2002 Neoplan Lift 68 R38921 565 Apr-02 Liberty 12 Years 2002 Neoplan Lift 68 R38920 566 Apr-02 Liberty 12 Years 2002 Neoplan Lift 68 R38919 567 May-02 Liberty 12 Years 2003 Neoplan Lift 68 R38918 568 Nov-03 Liberty 12 Years 2003 Neoplan Lift 68 R38917 569 Nov-03 Liberty 12 Years 2003 Neoplan Lift 68 R38916 570 Nov-03 Liberty 12 Years 2003 Neoplan Lift 68 R38915 571 Nov-03 Liberty 12 Years 2003 Neoplan Lift 68 L74906 572 Dec-03 Liberty 12 Years 2003 Neoplan Lift 68 R38914 573 Dec-03 Liberty 12 Years 2003 Neoplan Lift 68 R38913 574 Dec-03 Liberty 12 Years 2003 Neoplan Lift 68 L74909 575 Dec-03 Liberty 12 Years 2003 Neoplan Lift 68 R38912 576 Dec-03 Liberty 12 Years 2003 Neoplan Lift 68 R39015 577 Dec-03 Liberty 12 Years 2003 Neoplan Lift 68 R39014 578 Dec-03 Liberty 12 Years

2006 ORION V Lift 46 L97990 601 Mar-07 Liberty 12 Years 2006 ORION V Lift 46 L84935 602 Jun-07 Liberty 12 Years 2006 ORION V Lift 46 L84948 603 Jun-06 Liberty 12 Years 2006 ORION V Lift 46 L84934 604 Jun-06 Liberty 12 Years 2006 ORION V Lift 46 M25029 605 Jul-06 Liberty 12 Years 2006 ORION V Lift 46 L84932 606 Jun-06 Liberty 12 Years 2006 ORION V Lift 46 L84933 607 Jun-06 Liberty 12 Years 2006 ORION V Lift 46 L84949 608 Jun-06 Liberty 12 Years 2006 ORION V Lift 46 L84945 609 Jun-06 Liberty 12 Years

2006 ORION V Lift 46 M25030 610 Jul-06 Liberty 12 Years 2006 ORION V Lift 46 M25048 611 Jul-06 Liberty 12 Years 2006 ORION V Lift 46 M 11973 612 May-06 Liberty 12 Years 2006 ORION V Lift 46 M10829 613 May-06 Liberty 12 Years 2006 ORION V Lift 46 M10830 614 May-06 Liberty 12 Years 2006 ORION V Lift 46 L84928 615 May-06 Liberty 12 Years 2006 ORION V Lift 46 L84929 616 Jun-06 Liberty 12 Years 2006 ORION V Lift 46 L84952 617 Jul-06 Liberty 12 Years 2006 ORION V Lift 46 R37151 618 May-06 Liberty 12 Years 2006 ORION V Lift 46 M10831 619 May-06 Liberty 12 Years 2006 ORION V Lift 46 M10832 620 May-06 Liberty 12 Years 2006 ORION V Lift 46 L84936 621 Jun-06 Liberty 12 Years 2006 ORION V Lift 46 L84939 622 Jun-06 Liberty 12 Years 2006 ORION V Lift 46 L84940 623 Jun-06 Liberty 12 Years 2006 ORION V Lift 46 M25031 624 Jul-06 Liberty 12 Years 2006 ORION V Lift 46 M25028 625 Jul-06 Liberty 12 Years 2006 ORION V Lift 46 M25027 626 Jul-06 Liberty 12 Years 2006 ORION V Lift 46 L84967 627 Aug-06 Liberty 12 Years 2006 ORION V Lift 46 M25036 628 Jul-06 Liberty 12 Years 2006 ORION V Lift 46 M25035 629 Jul-06 Liberty 12 Years 2006 ORION V Lift 46 M25038 630 Jul-06 Liberty 12 Years 2006 ORION V Lift 46 M25042 631 Jul-06 Liberty 12 Years 2006 ORION V Lift 46 M25037 632 Jul-06 Liberty 12 Years 2006 ORION V Lift 46 R39013 633 Jul-06 Liberty 12 Years 2006 ORION V Lift 46 R39012 634 Jul-06 Liberty 12 Years 2006 ORION V Lift 46 M25046 635 Jul-06 Liberty 12 Years 2006 ORION V Lift 46 M25045 636 Jul-06 Liberty 12 Years 2006 ORION V Lift 46 L84956 637 Aug-06 Liberty 12 Years 2006 ORION V Lift 46 R39011 638 Jul-06 Liberty 12 Years 2006 ORION V Lift 46 L84954 639 Jul-06 Liberty 12 Years 2006 ORION V Lift 46 R39010 640 Jul-06 Liberty 12 Years 2006 ORION V Lift 46 L84958 641 Aug-06 Liberty 12 Years 2006 ORION V Lift 46 R39009 642 Aug-06 Liberty 12 Years 2006 ORION V Lift 46 L84960 643 Aug-06 Liberty 12 Years 2006 ORION V Lift 46 L84959 644 Aug-06 Liberty 12 Years 2006 ORION V Lift 46 L84965 645 Aug-06 Liberty 12 Years 2006 ORION V Lift 46 L84966 646 Aug-06 Liberty 12 Years 2006 ORION V Lift 46 L84970 647 Aug-06 Liberty 12 Years 2006 ORION V Lift 46 L84971 648 Aug-06 Liberty 12 Years 2006 ORION V Lift 46 L84973 649 Aug-06 Liberty 12 Years 2006 ORION V Lift 46 L84972 650 Aug-06 Liberty 12 Years 2006 ORION V Lift 46 L84977 651 Aug-06 Liberty 12 Years 2006 ORION V Lift 46 M27514 652 Oct-06 Liberty 12 Years 2006 ORION V Lift 46 M27475 653 Sep-06 Liberty 12 Years 2006 ORION V Lift 46 R39008 654 Aug-06 Liberty 12 Years 2006 ORION V Lift 46 L84980 655 Aug-06 Liberty 12 Years 2006 ORION V Lift 46 L84981 656 Aug-06 Liberty 12 Years 2006 ORION V Lift 46 L84978 657 Aug-06 Liberty 12 Years 2006 ORION V Lift 46 L84988 658 Sep-06 Liberty 12 Years 2006 ORION V Lift 46 L84986 659 Sep-06 Liberty 12 Years

2006 ORION V Lift 46 R39007 660 Sep-06 Liberty 12 Years 2006 ORION V Lift 46 L84985 661 Sep-06 Liberty 12 Years 2006 ORION V Lift 46 R39006 662 Sep-06 Liberty 12 Years 2006 ORION V Lift 46 L84993 663 Sep-06 Liberty 12 Years 2006 ORION V Lift 46 L84989 664 Sep-06 Liberty 12 Years 2006 ORION V Lift 46 L84992 665 Sep-06 Liberty 12 Years 2006 ORION V Lift 46 L84995 666 Sep-06 Liberty 12 Years 2006 ORION V Lift 46 R39005 667 Sep-06 Liberty 12 Years 2006 ORION V Lift 46 L84996 668 Sep-06 Liberty 12 Years 2006 ORION V Lift 46 R39004 669 Sep-06 Liberty 12 Years 2006 ORION V Lift 46 L84999 670 Sep-06 Liberty 12 Years 2006 ORION V Lift 46 L84998 671 Sep-06 Liberty 12 Years 2006 ORION V Lift 46 R39003 672 Sep-06 Liberty 12 Years 2006 ORION V Lift 46 M27479 673 Sep-06 Liberty 12 Years 2006 ORION V Lift 46 R39002 674 Sep-06 Liberty 12 Years 2006 ORION V Lift 46 M27480 675 Sep-06 Liberty 12 Years 2006 ORION V Lift 46 R39021 676 Sep-06 Liberty 12 Years 2006 ORION V Lift 46 M27482 677 Sep-06 Liberty 12 Years 2006 ORION V Lift 46 M27496 678 Oct-06 Liberty 12 Years 2006 ORION V Lift 46 M27483 679 Sep-06 Liberty 12 Years 2006 ORION V Lift 46 M27484 680 Oct-06 Liberty 12 Years 2006 ORION V Lift 46 M27493 681 Oct-06 Liberty 12 Years 2006 ORION V Lift 46 M27511 682 Oct-06 Liberty 12 Years 2006 ORION V Lift 46 M27494 683 Oct-06 Liberty 12 Years 2006 ORION V Lift 46 M27490 684 Oct-06 Liberty 12 Years 2006 ORION V Lift 46 M27489 685 Oct-06 Liberty 12 Years 2006 ORION V Lift 46 M27510 686 Oct-06 Liberty 12 Years 2006 ORION V Lift 46 M25059 687 Oct-07 Liberty 12 Years 2006 ORION V Lift 46 M27508 688 Oct-06 Liberty 12 Years 2006 ORION V Lift 46 M27509 689 Oct-06 Liberty 12 Years 2006 ORION V Lift 46 M27512 690 Oct-06 Liberty 12 Years 2006 ORION V Lift 46 M27522 691 Nov-06 Liberty 12 Years 2006 ORION V Lift 46 M27513 692 Oct-06 Liberty 12 Years 2006 ORION V Lift 46 R39020 693 Nov-06 Liberty 12 Years 2006 ORION V Lift 46 M27516 694 Nov-06 Liberty 12 Years 2006 ORION V Lift 46 M27527 695 Nov-06 Liberty 12 Years 2006 ORION V Lift 46 R39019 696 Nov-06 Liberty 12 Years 2006 ORION V Lift 46 R39018 697 Nov-06 Liberty 12 Years 2006 ORION V Lift 46 M27521 698 Nov-06 Liberty 12 Years 2006 ORION V Lift 46 R39017 699 Nov-06 Liberty 12 Years 2006 ORION V Lift 46 M27524 700 Nov-06 Liberty 12 Years 2006 ORION V Lift 46 M27533 701 Nov-06 Liberty 12 Years 2006 ORION V Lift 46 M27538 702 Dec-06 Liberty 12 Years 2006 ORION V Lift 46 M27540 703 Dec-06 Liberty 12 Years 2006 ORION V Lift 46 R39016 704 Jan-07 Liberty 12 Years

2008 ORION V COACH Lift 45 M29792 801 Aug-08 Liberty 12 Years 2008 ORION V COACH Lift 45 R37152 802 Feb-09 Liberty 12 Years 2008 ORION V COACH Lift 45 M29798 803 Sep-08 Liberty 12 Years 2008 ORION V COACH Lift 45 M29799 804 Sep-08 Liberty 12 Years

2008 ORION V COACH Lift 45 M41850 805 Sep-08 Liberty 12 Years 2008 ORION V COACH Lift 45 M418881 806 Dec-08 Liberty 12 Years 2008 ORION V COACH Lift 45 M41880 807 Dec-08 Liberty 12 Years 2008 ORION V COACH Lift 45 M41885 808 Jan-09 Liberty 12 Years 2008 ORION V COACH Lift 45 M41861 809 Oct-08 Liberty 12 Years 2008 ORION V COACH Lift 45 M41857 810 Oct-08 Liberty 12 Years 2008 ORION V COACH Lift 45 M41875 811 Nov-08 Liberty 12 Years 2008 ORION V COACH Lift 45 M41890 812 Jan-09 Liberty 12 Years 2008 ORION V COACH Lift 45 M41883 813 Dec-08 Liberty 12 Years 2008 ORION V COACH Lift 45 M41886 814 Jan-09 Liberty 12 Years 2008 ORION V COACH Lift 45 R37159 815 Jan-09 Liberty 12 Years 2008 ORION V COACH Lift 45 M41852 816 Oct-08 Liberty 12 Years 2008 ORION V COACH Lift 45 M41866 817 Nov-08 Liberty 12 Years 2008 ORION V COACH Lift 45 M41863 818 Oct-08 Liberty 12 Years 2008 ORION V COACH Lift 45 M41858 819 Oct-08 Liberty 12 Years 2008 ORION V COACH Lift 45 M41871 820 Nov-08 Liberty 12 Years 2008 ORION V COACH Lift 45 M41860 821 Oct-08 Liberty 12 Years 2008 ORION V COACH Lift 45 M41874 822 Nov-08 Liberty 12 Years 2008 ORION V COACH Lift 45 M41876 823 Dec-08 Liberty 12 Years 2008 ORION V COACH Lift 45 M41873 824 Nov-08 Liberty 12 Years 2008 ORION V COACH Lift 45 M41870 825 Nov-08 Liberty 12 Years 2008 ORION V COACH Lift 45 M41889 826 Jan-09 Liberty 12 Years 2008 ORION V COACH Lift 45 M41891 827 Jan-09 Liberty 12 Years

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YR MANUFACTURER PLATE# ID # DATE LOCATION OPERATOR CONDITION

2004 Ford Pick-Up L91456 33944 Aug. 04 Liberty Liberty Fair 2006 Chevy Impala M21461 83944 Aug. 06 Liberty Liberty Fair 2006 Chevy Impala M21462 84044 Aug. 06 Liberty Liberty Fair 2007 Chevy Impala M28484 115744 May, 07 Liberty Liberty Fair 2007 Chevy Impala M28484 115944 May, 07 Liberty Liberty Fair 2007 Ford F-350 M28346 95644 Feb. 07 Liberty Liberty Good 2009 Ford F-350 Pick-Up M60321 200144 Nov-09 Liberty Liberty Good 2010 Ford Escape Hybrid M60384 203944 Mar-10 Liberty Liberty Good 2010 Ford Escape Hybrid M60381 204044 Mar-10 Liberty Liberty Good 2010 Ford Escape Hybrid M60382 203844 Mar-10 Liberty Liberty Good 2010 Chevy Impala M69494 304944 Jul-10 Liberty Liberty Good 2010 Chevy Impala M69496 305044 Jul-10 Liberty Liberty Good 2010 Chevy Impala M69495 305144 Jul-10 Liberty Liberty Good 2011 Chevy Impala R10757 402044 Jan-11 Liberty Liberty Excellent 2011 Ford F-350 Pick-Up R19405 512944 Feb-11 Liberty Liberty Excellent 2011 Ford F-350 Pick-Up R19404 513044 Feb-11 Liberty Liberty Excellent 2013 Ford Escape R40878 569844 May-13 Liberty Liberty Excellent 2013 Ford Escape R40881 570644 13-May Liberty Liberty Excellent

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SCHEDULE “I” 2012 Route Analysis for Bee-Line Routes

[ATTACHED STARTING ON NEXT PAGE]

TOTAL OPERATING NET OPERATING COVER AVERAGE AID ROUTE ** PASSENGERS EXPENSES REVENUE * DEFICIT RATIO FARE $ $ $ EXPRESS/LOCAL 1 * 2,166,550 7,846,449 3,073,393 4,773,056 39% $ 1.42 $ $ $ LOCAL 2 * 2,174,531 4,842,163 2,939,513 1,902,650 61% $ 1.35 $ $ $ EXPRESS 3 245,337 1,406,044 352,737 1,053,307 25% $ 1.44 $ $ $ LOCAL 4 * 1,765,934 3,991,137 2,395,389 1,595,748 60% $ 1.36 $ $ $ LOCAL 5 1,053,145 4,193,987 1,485,587 2,708,400 35% $ 1.41 $ $ $ LOCAL 6 972,617 5,221,535 1,347,432 3,874,103 26% $ 1.39 $ $ $ LOCAL 7 * 2,308,095 5,587,289 3,180,799 2,406,490 57% $ 1.38 $ $ $ LOCAL 8 * 1,190,714 3,789,321 1,654,168 2,135,153 44% $ 1.39 $ $ $ LOCAL 9 44,463 391,612 55,387 336,225 14% $ 1.25 $ $ $ COMMUTER 10 34,820 502,500 49,813 452,687 10% $ 1.43 $ $ $ LIMITED 11 27,787 203,149 41,964 161,185 21% $ 1.51 $ $ $ LOCAL 12 139,076 1,713,112 195,572 1,517,540 11% $ 1.41 $ $ $ LOCAL 13 * 1,460,911 5,844,667 2,304,059 3,540,608 39% $ 1.58 $ $ $ LOCAL 14 691,876 4,373,830 1,077,169 3,296,661 25% $ 1.56 $ $ $ LOCAL 15 141,344 1,614,777 210,556 1,404,221 13% $ 1.49 $ $ $ EXPRESS 17 47,440 483,986 67,199 416,787 14% $ 1.42 $ $ $ LOCAL 19 168,496 1,241,279 300,429 940,850 24% $ 1.78 $ $ $ LOCAL 20 * 3,559,834 9,288,844 4,785,522 4,503,322 52% $ 1.34 $ $ $ LIMITED 21 1,151,448 2,885,211 1,492,178 1,393,033 52% $ 1.30 $ $ $ LOCAL 25 1,419,032 3,464,923 1,930,310 1,534,613 56% $ 1.36 $ $ $ LOCAL 26 90,864 539,144 120,521 418,623 22% $ 1.33 $ $ $ LIMITED 27 66,776 343,067 94,055 249,012 27% $ 1.41

$ $ $ EXPRESS 28 148,084 2,471,586 1,058,575 1,413,011 43% $ 7.15 $ $ $ LOCAL 30 468,262 2,002,293 657,190 1,345,103 33% $ 1.40 $ $ $ LOCAL 32 90,501 386,141 120,393 265,748 31% $ 1.33 $ $ $ COMMUTER 34 18,702 178,527 24,866 153,661 14% $ 1.33 $ $ $ PLAYLAND 75 36,906 195,233 49,311 145,922 25% $ 1.34 $ $ $ COMMUTER 38 14,084 180,895 19,883 161,012 11% $ 1.41 $ $ $ COMMUTER 39 17,288 286,476 22,721 263,755 8% $ 1.31 $ $ $ LOCAL 40 1,753,478 6,431,504 2,460,790 3,970,714 38% $ 1.40 $ $ $ LIMITED 41 215,027 853,662 295,348 558,314 35% $ 1.37 $ $ $ LOCAL 42 1,708,756 4,620,836 2,327,930 2,292,906 50% $ 1.36 $ $ $ LOCAL 45 * 793,056 3,163,828 1,115,842 2,047,986 35% $ 1.41 $ $ $ LOCAL 52 341,926 1,139,648 450,558 689,090 40% $ 1.32 $ $ $ LOCAL 53 74,765 642,685 102,483 540,202 16% $ 1.37 $ $ $ LOCAL 54 18,319 205,191 23,371 181,820 11% $ 1.28 $ $ $ LOCAL 55 * 763,259 2,241,756 1,039,364 1,202,392 46% $ 1.36 $ $ $ LOCAL 60 2,158,098 7,003,081 3,073,262 3,929,819 44% $ 1.42 $ $ $ LOCAL 61 811,580 3,551,471 1,159,953 2,391,519 33% $ 1.43 $ $ $ LIMITED 62 146,121 552,764 202,429 350,335 37% $ 1.39 $ $ $ LOCAL 63 218,578 1,311,660 304,588 1,007,072 23% $ 1.39 $ $ $ COMMUTER 64 32,709 263,158 45,435 217,723 17% $ 1.39 $ $ $ COMMUTER 65 34,344 193,159 45,599 147,560 24% $ 1.33 $ $ $ LOCAL 66 119,561 1,425,353 165,758 1,259,595 12% $ 1.39 $ $ $ COMMUTER 70 15,125 296,260 21,364 274,896 7% $ 1.41 COMMUTER 71 $ $ $ 5% $ 1.34

8,793 257,209 11,758 245,451 $ $ $ EXPRESS 77 * 27,573 816,267 38,811 777,456 5% $ 1.41 $ $ $ LOCAL 78 * 301,465 1,706,156 419,987 1,286,169 25% $ 1.39 SHUTTLE (Loop $ $ $ H) 80 * 42,672 753,259 59,829 693,430 8% $ 1.40 SHUTTLE (Loop $ $ $ A) 81 * 42,691 700,336 60,168 640,168 9% $ 1.41 SHUTTLE (Loop $ $ $ B) 82 * 30,349 878,772 42,721 836,051 5% $ 1.41 SHUTTLE (Loop $ $ $ C) 83 * 17,232 423,535 24,858 398,677 6% $ 1.44 SHUTTLE (Loop $ $ $ D) 85 * 24,536 745,520 35,125 710,395 5% $ 1.43 SHUTTLE (Loop $ $ $ F) 87 * 26,789 588,393 38,001 550,392 6% $ 1.42 $ $ $ EXPRESS 43 * 53,933 379,586 76,731 302,855 20% $ 1.42 $ $ $ LIMITED 91 19,322 258,249 37,459 220,790 15% $ 1.94 $ $ $ SCHOOLS 430 34,223 151,100 56,509 94,591 37% $ 1.65 $ $ $ SCHOOLS 400 388 17,960 720 17,240 4% $ 1.86 $ $ $ SCHOOLS 401 16,185 81,946 26,600 55,346 32% $ 1.64 $ $ $ SCHOOLS 402 10,149 31,511 16,455 15,056 52% $ 1.62 $ $ $ SCHOOLS 403 3,369 23,377 5,500 17,877 24% $ 1.63 $ $ $ SCHOOLS 404 1,979 21,988 3,686 18,302 17% $ 1.86 $ $ $ SCHOOLS 405 13,265 76,016 20,780 55,236 27% $ 1.57 $ $ $ SCHOOLS 431 5,471 44,894 9,766 35,128 22% $ 1.79 $ $ $ SCHOOLS 432 - - - - 0% $ - $ $ $ SCHOOLS 428 3,431 21,486 5,959 15,527 28% $ 1.74 $ $ $ SCHOOLS 458 8,465 42,463 13,551 28,912 32% $ 1.60 $ $ $ SCHOOLS 459 6,038 63,228 10,252 52,976 16% $ 1.70 $ $ $ SCHOOLS 460 51,579 172,410 89,316 83,094 52% $ 1.73

$ $ $ SCHOOLS 461 69,901 203,054 122,377 80,677 60% $ 1.75 $ $ $ SCHOOLS 462 28,804 97,352 50,128 47,224 51% $ 1.74 $ $ $ SCHOOLS 463 15,349 56,030 26,249 29,781 47% $ 1.71 $ $ $ SCHOOLS 465 17,118 66,211 30,321 35,890 46% $ 1.77 $ $ $ SCHOOLS 466 12,071 55,635 20,592 35,043 37% $ 1.71 $ $ $ SCHOOLS 467 3,637 40,549 6,539 34,010 16% $ 1.80 $ $ $ SCHOOLS 468 2,946 36,629 5,169 31,460 14% $ 1.75 $ $ $ SCHOOLS 470 67,755 165,246 107,894 57,352 65% $ 1.59 $ $ $ SCHOOLS 438 6,600 53,558 11,025 42,533 21% $ 1.67 $ $ $ SCHOOLS 472 4,389 27,772 7,333 20,439 26% $ 1.67 $ $ $ SCHOOLS 481 3,464 27,527 5,985 21,542 22% $ 1.73 $ $ $ SCHOOLS 482 2,038 28,391 3,363 25,028 12% $ 1.65 $ $ $ SCHOOLS 491 7,261 53,350 12,199 41,151 23% $ 1.68 $ $ $ SCHOOLS 440 12,946 52,380 21,903 30,477 42% $ 1.69 $ $ $ SCHOOLS 441 12,386 43,331 21,234 22,097 49% $ 1.71 $ $ $ SCHOOLS 448 12,133 48,736 24,340 24,396 50% $ 2.01 $ $ $ COMMUTER 31 2,412 108,748 2,599 106,149 2% $ 1.08 $ $ $ COMMUTER 18 14,088 545,638 17,313 528,325 3% $ 1.23 $ $ $ LOCAL 16 153,003 1,787,574 238,035 1,549,539 13% $ 1.56

$ $ $ Total 32,117,817 121,118,565 45,779,902 75,338,663 38% $ 1.43

* Net Revenue is total revenue less MTA Fees. ** These routes receive aid from New York State or the FTA. This aid is NOT included in Net Revenue. 9/17/2013

SCHEDULE “J” Certification Regarding Lobbying

Certification for Contracts, Grants, Loans, and Cooperative Agreements

The undersigned certifies, to the best of his or her knowledge and belief, 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 an 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.

(2) If any funds other than Federal appropriated funds have been paid or will be paid 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 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.

(3) The undersigned shall require that the language of this certification be included in the award documents for all subawards 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 was 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 31 U.S.C. § 1352. 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.

Organization

______Authorized Signature Title Date

NOTE: If Standard Form-LLL, “Disclosure Form to Report Lobbying,” is required, it can obtained from Appendix B to 49 CFR Part 20.