Rfb March 2009

REQUEST FOR BIDS GENERAL INFORMATION - Sixty (60) Month Contract with an option for two (2) additional years commencing from the effective date of May 1, 2009 (the “Contract”), subject to Notice to Proceed issued by Resolution of the Township Council. In accordance with the Local Lands and Buildings Law, N.J.S.A 40A: 12-1 et seq., the Township of East Brunswick (“the Township”) wishes to receive bids from bus companies to lease office space and provide, as a condition of the lease, commuter bus services. Such commuter bus services shall include bus service between East Brunswick and New York City (on routes designated herein and defined below as PABT, Downtown and Crosstown), and the selling of bus tickets at the East Brunswick Transportation and Commerce Center (“TCC”) and the Neilson Parking Plaza (“Neilson”), both of which are located on Township property off State Highway 18. In this Request for Bids (“RFB”), sometimes the word “Facilities” is used to refer to TCC and Neilson, collectively. The Contract will provide the bidder to which it is awarded (“Vendor”) an exclusive right to operate commuter bus service to and from both Facilities including, but not limited to, exclusive possession of the ticket offices, general use of the waiting areas, defined storage areas and sanitary facilities and the bus loading bays. All bids shall be accompanied by a statement of ownership that satisfies the requirements of N.J.S.A. 52:25-24.2. Failure to provide a complete and accurate statement of ownership shall result in rejection of the bid. A notice of the availability of the bid documentation shall be published in an official newspaper of the Township by two insertions at least once a week during two consecutive weeks not less than seven (7) days prior to the date established for the submission of bids (N.J.S.A. 40A:12:14(a)). Failure to meet any material non-waivable requirement of this RFB shall result in the Township disqualifying any such bid from further consideration. The Township reserves the right to waive nonmaterial deviations from the bid specifications. The Township reserves the right to reject all bids for reasons as set forth in the Township Council’s resolution of rejection. All bids must be submitted in a sealed envelope identifying the proposing party on the outside of the envelope to Nennette Perry, East Brunswick Township Clerk, in the large conference room at the East Brunswick Municipal Building, 1 Jean Walling Civic Center, East Brunswick, New Jersey 08816-1081, before March 24, 2009 at 11:00 A.M. Bids presented after 11:00 A.M. on March 24, 2009 will be returned unopened. CONDITIONS, RESTRICTIONS AND LIMITATIONS A. SERVICES REQUIRED: The Township currently has a contract with Suburban/Coach USA, among other things, to provide commuter bus services, ticket sales and waiting room accommodations at the Facilities. The Township wishes to continue the same or an improved level of service, subject to minor modifications. Approximately 700 daily and 2,400 monthly parking permits are sold by the Township for covered parking at the Facilities, which collectively provide more than 2,950 parking spaces plus drop off (Kiss & Ride) locations. The East Brunswick Parking Utility (“Parking Utility”) is seeking bids that will provide for a smooth transition at the end of the current contract. 1.

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The Township, by requiring administrative services and commuter bus service at each of the (2) Facilities will grant an exclusive right to operate bus service to and from both Facilities including, but not limited to, exclusive use of the ticket offices and bus loading bays. The ticket office space provided at TCC totals approximately 200 sq. ft. and at

Neilson totals approximately 300 sq. ft. The required administrative services include ticket sales, with a ticket agent on duty at Neilson Monday - Friday from 5:00 A.M. until 8:30 P.M. (two (2) agents from 6:30 A.M to 9 A.M. and from 5:00 P.M. to 8:00 P.M.), Saturday from 6:00 A.M. to 8:00 P.M. and Sunday from 7:00 A.M. to 8:00 P.M. A ticket agent shall be on duty at TCC Monday - Friday from 5:00 A.M. to 8:00 P.M. (two (2) agents from 6:30 A.M to 9 A.M. and from 5:00 P.M. to 8:00 P.M.). Drawings showing the location and office space are available at the Office of the East Brunswick Chief Finance Officer, East Brunswick Municipal Building, 1 Jean Walling Civic Center, East Brunswick, New Jersey 08816. Also, any party interested in bidding pursuant to this RFB may make site visits. 2.

The designated monthly payment to the Township shall be Sixty Thousand Dollars ($60,000) per month during the first three (3) years of the Contract and shall be Seventy Thousand Dollars ($70,000) per month during the final two years of the Contract. Payments are due on the first (1st) business day of each month once the Contract has been awarded. A two (2) year option to extend the agreement may be approved by Township Council Resolution at a fixed fee of Seventy Five Thousand ($75,000) for each of the two years. The bus ticket price may increase by the CPI of North East New Jersey for the change from January 30, 2013 to December 30 the following year and the same for the second year.

3.

Dispatcher and Seat Availability: a.

Two (2) dispatchers, both of whom must have working equipment that permits him/her to communicate with the bus company’s central dispatch office and all drivers en route to TCC (either directly or through the central dispatch office) must be on duty at TCC from 6:00 A.M. until 9:30 A.M. Monday through Friday, holidays excluded. Three (3) dispatchers, each of whom must have working equipment that permits him/her to communicate with the bus company’s central dispatch office and all drivers en route to Neilson (either directly or through the central dispatch office) must be on duty at Neilson from 6:00 A.M. until 11:00 A.M. Monday, Tuesday, Thursday and Friday, holidays excluded. One (1) dispatcher shall be at both facilities at 5:00 A.M. In addition, a dispatcher with working equipment that permits him/her to communicate with the bus company’s central dispatch office and all drivers en route to Neilson (either directly or through the central dispatch office) must be on duty at Neilson until 12:00 Noon on all Wednesdays.

b.

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i.

A dispatcher must be on duty at each bus stop in the New York City Wall Street/Financial District (“Downtown”) beginning fifteen (15) minutes prior to the scheduled departure of the first bus from the southernmost bus stop through the departure of the last scheduled bus from the northernmost bus stop every afternoon and evening Monday through Friday, excluding holidays. Each such dispatcher must have working equipment that permits him/her to communicate with the bus company’s central dispatch office, all other Downtown dispatchers and all drivers en route to his/her location (either directly or through the central dispatch office) at all times.

ii.

A number of dispatchers equal to the number of Port Authority Bus Terminal (“PABT”) gates servicing the Facilities must be on duty at such gates from 4:00 P.M. until 7:00 P.M. Monday through Friday, holidays

included, at least two of which dispatchers must be on duty in the passenger waiting area at all times for the purpose of providing service updates to commuters and responding to commuter inquiries. In addition, at least one dispatcher must be on duty at PABT gates serving the Facilities from 7:00 P.M. until 12:00 Midnight. Each such dispatcher must have working equipment that permits him/her to communicate with the bus company’s central dispatch office and all drivers en route to his/her location (either directly or through the central dispatch office) at all times.

c.

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iii.

A dispatcher must be on duty at least at the Third Avenue and the Fifth Avenue bus stops on the cross-town route in Manhattan currently operating on Forty-Second Street (“Crosstown”) beginning fifteen (15) minutes prior to the departure of the first scheduled Crosstown bus through the departure of the last scheduled bus from his/her location every afternoon and evening Monday through Friday, holidays excluded. Each such dispatcher must have working equipment that permits him/her to communicate with the bus company’s central dispatch office, all other Crosstown dispatchers and all drivers en route to his/her location (either directly or through the central dispatch office) at all times.

iv.

All dispatchers shall wear identification prominently bearing the bus company’s name and logo so they will be easily identifiable by commuters as bus company employees.

Bus seats must be “available” for passengers to travel between East Brunswick and New York. Bus seat availability means that no passenger need wait longer than the specified period of time set forth below, during the hours set forth below, for a seat on a bus. Standing room on a bus does not qualify as an available seat. The Township does not propose to control the means or methods by which any bus company shall satisfy seat availability requirements. Vendor may utilize originating buses, pass through service, or other means and methods to satisfy the requirement of seat availability. Except to the extent specifically provided in Paragraph 8 of these RFB specifications the Township does not require buses to be scheduled at specific times. The maximum specified periods of time within which a seat must be made available to a passenger for each destination served by Vendor is as follows (subjected to changes authorized by the Township’s Chief Financial Officer. i.

Monday - Friday (excluding holidays) between the hours of 6:30 A.M. and 8:30 A.M. from each of the Facilities to PABT - 12 minutes on average;

ii.

Monday - Friday (excluding holidays) between the hours of 6:30 A.M. and 8:30 A.M. from each of the Facilities to Downtown – 20 minutes on average;

iii.

Monday - Friday (excluding holidays) between the hours of 6:30 A.M. and 8:30 A.M. from each of the Facilities to Crosstown – 15 minutes on average;

iv.

Monday - Friday (excluding holidays) between the hours of 4:50 A.M. and 6:30 A.M. from Neilson to PABT - 15 minutes on average;

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v.

Monday - Friday (excluding holidays) between the hours of 4:40 A.M. and 6:30 A.M. from TCC to PABT - 25 minutes on average;

vi.

Monday - Friday (excluding holidays) after 11:00 A.M. from TCC to PABT - 60 minutes;

vii.

Saturday before 7:00 A.M and after 11:00 P.M. from Neilson to PABT - 60 minutes;

viii.

Sunday before 8:00 A.M and after 9:00 P.M. from Neilson to PABT 60 minutes;

ix.

Monday - Friday (excluding holidays) between the hours of 4:30 P.M. and 6:35 P.M. from PABT to Neilson - 10 minutes;

x.

Monday - Friday (excluding holidays) between the hours of 6:36 P.M. and 8:00 P.M. from PABT to Neilson - 15 minutes;

xi.

Monday - Friday (excluding holidays) between the hours of 4:00 P.M. and 8:00 P.M. from PABT to TCC - 20 minutes;

xii.

Saturday before 8:00 A.M and after 11:00 P.M. from PABT to Neilson - 60 minutes;

xiii.

Sunday before 9:00 A.M and after 10:00 P.M. from PABT to Neilson 60 minutes;

xiv.

Monday - Friday (excluding holidays) between the hours of 4:35 and 6:35 P.M. on the Crosstown route - 20 minutes;

xv.

Monday - Friday (excluding holidays) between the hours of 4:00 and 7:00 P.M. on the Downtown route - 20 minutes;

xvi.

During all other hours within which bus service is provided at Neilson, TCC, PABT or on the Crosstown and Downtown routes, including Saturdays, Sundays and holidays - 30 minutes

xvii.

Each year, the Township will compile a list of days on which early afternoon buses departures from New York City will be required. On those listed days, Vendor shall provide an early bus at 2:30 P.M. on the Downtown and Crosstown routes and from PABT, in each case bound for both Facilities.

d.

Seat availability is not to be confused with frequency of service. For example, providing a bus every ten (10) minutes does not ensure a seat within ten (10) minutes for all waiting passengers. It is the intent of the Township that each commuter be able to board a bus within the time after his/her arrival at the Township facilities or New York City bus stop as specified above. Nothing in this RFB, however, requires bus departures at any specific times.

e.

Separate and apart from the requirements of sub-subparagraphs A.3.c.i. through A.3.c.xvii, above, whenever:

i.

twenty-five (25) or more commuters are waiting at TCC, Neilson or PABT for a particular bus or when twenty-five (25) or more commuters, in the aggregate, are waiting at the Downtown or Crosstown New York bus stops, the dispatchers and ticket agents at such locations must have the ability, and must make whatever arrangements are necessary, to permit all waiting commuters to board a bus with available seats within ten (10) minutes (this requirement is referred to as the “25/10 Rule”); and

ii.

the average load factor of the buses departing East Brunswick for any particular bus run over the period of a calendar month exceeds 80%, the Vendor must within thirty (30) days of discovery of such information either add additional bus service to that route or otherwise adjust the schedule for that route to reduce the average load factor for each bus run on that route to 80% or less with the approval of the Chief Finance Officer.

4.

Vendor must be willing and able to make change at ticket service windows for commuters upon request. Vendor is required to place in service at each of TCC and Neilson two (2) credit card ticket machines that allow individuals to purchase individual, round trip, 10-trip and 20-trip ticket strips at all times (24/7/365) regardless of whether or not the ticket windows are open. The availability of credit card ticket machines shall be in addition to window service, and not a substitute for window service.

5.

Vendor shall be responsible for the cleanliness of the ticket office and the public waiting areas of the Facilities, all of which shall be cleaned daily, including the windows and floors and, if necessary, the walls. Public bathrooms at the Facilities are to be cleaned by Vendor once each day on a schedule to be agreed upon between Vendor and the Township’s Chief Financial Officer and provided with adequate supplies, such as soap and paper products, by Vendor. Vendor’s staff should watch for and address obvious hazards such as water or debris on the floor, spilled trash, etc. Anything in this RFB to the contrary notwithstanding, the Township shall have the right at all times, but not the obligation, to inspect all parts of the Facilities, to provide supplemental cleaning services at the Facilities, to post notices and to make repairs to the Facilities in the sole discretion of the Township’s Chief Financial Officer.

6.

Vendor will be responsible for maintaining public bulletin boards where community information can be posted. Ticket agents should check the board daily to keep only current information posted. No postings other than Vendor’s published schedules and notices to customers and Parking Utility and CPAC notices shall be permitted on walls, doors or windows without the express written approval of the Township’s Chief Financial Officer.

7.

Vendor will be required to post its current bus schedules on the window and in frames hung on the wall inside each of the Facilities in East Brunswick. The framed bus schedules for PABT service shall be enlarged to a size equal to at least two (2) feet by three (3) feet. These will be displayed at the appropriate locations subject to the approval of the the Township’s Chief Financial Officer or Parking Utility supervisor. The posted schedules shall include contact names, phone numbers and email addresses and shall be replaced each time Vendor changes its schedule. Vendor is required to post at least seven (7) calendar days notice of its intent to change a schedule, along with the proposed changes and the effective date. Vendor

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shall have a web site with up to date schedules, names, phone numbers and email addresses.

DEPARTURE DEADLINES 8.

TCC: Monday through Friday (excluding holidays) the first bus from TCC to PABT shall depart no later than 4:40 A.M. and the last bus from TCC to PABT shall depart no earlier than 9:45 P.M. Monday through Friday (excluding holidays) the first bus from TCC to Downtown shall depart no later than 5:10 A.M. and the last morning bus from TCC to Downtown shall depart no earlier than 8:30 A.M. After 8:30 A.M. the only stop permitted once a bus leaves TCC prior to its arrival in New York City is at Eggers Street at its intersection with Route 18 and at Neilson. Monday through Friday (excluding holidays) the first bus from PABT to TCC shall depart no later than 7:00 A.M. and the last bus from PABT to TCC shall depart no earlier than 12:00 Midnight. Monday through Friday (excluding holidays) the first bus from Downtown to Neilson and TCC shall depart no later than 3:30 P.M. Monday through Wednesday and no later than 3:00 P.M. Thursday and Friday; and the last bus from Downtown to Neilson and TCC shall depart no earlier than 8:00 P.M. Monday through Friday (excluding holidays) the first Crosstown bus from TCC shall depart no later than 5:45 A.M. and the last morning Crosstown bus from TCC shall depart no earlier than 7:55 A.M. After 7:55 A.M. the only stop permitted once a bus leaves TCC prior to its arrival in New York City is at Eggers Street at its intersection with Route 18 and Neilson. Monday through Friday (excluding holidays) the first Crosstown bus from New York to Neilson and TCC shall depart no later than 4:45 P.M. and the last Crosstown bus from New York to Neilson and TCC shall depart no earlier than 6:30 P.M.

9.

Neilson: The first bus from Neilson to PABT shall depart no later than (i) 4:50 A.M. Monday through Friday (excluding holidays), (ii) 6:00 A.M. Saturdays, and (iii) 7:00 A.M. Sundays and holidays. The last bus from Neilson to PABT shall depart no earlier than (x) 11:55 P.M. Monday through Friday (excluding holidays) and (y) 10:55 P.M. Saturdays, Sundays and holidays. The first bus from PABT to Neilson shall depart no later than (i) 6:00 A.M. Monday through Friday (excluding holidays), (ii) 7:00 A.M. Saturdays, and (iii) 8:00 A.M. Sundays and holidays. The last bus from PABT to Neilson shall depart no earlier than (x) 1:00 A.M. Monday through Friday (excluding holidays) and Saturdays and (y) 12:00 Midnight Sundays and holidays. Monday through Friday (excluding holidays) the first bus from Neilson to Downtown shall depart no later than 5:20 A.M. and the last bus from Neilson to Downtown shall depart no earlier than 8:30 A.M.

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Monday through Friday (excluding holidays) the first bus from Downtown to Neilson and TCC shall depart no later than 3:30 P.M. Monday through Wednesday and no later than 3:00 P.M. Thursday and Friday; and the last bus from Downtown to Neilson and TCC shall depart no earlier than 8:00 P.M. Monday through Friday (excluding holidays) the first Crosstown bus from Neilson to New York shall depart no later than 5:50 A.M. and the last Crosstown bus from Neilson to New York shall depart no earlier than 8:10 A.M. Monday through Friday (excluding holidays) the first Crosstown bus from New York to Neilson and TCC shall depart no later than 4:45 P.M. and the last Crosstown bus from New York to Neilson and TCC shall depart no earlier than 6:30 P.M. 10.

Changes: The departure times required in A.8 and A.9 may not be changed except as authorized by the Township’s Chief Financial Officer.

11.

Term of Contract: The Contract shall have a term of five (5) consecutive years from its commencement date as approved by Township Council Resolution, with an option for two (2) additional years.

12.

Communication with Commuters: Commuter and Township auditor e-mails to Vendor, both questions and service complaints, shall be responded to by Vendor within three (3) business days of receipt. Copies of all commuter and Township auditor emails and Vendor responses shall be transmitted to the Chairman of the Parking Utility not less often than weekly. Vendor must attend meetings of the East Brunswick Commuter Parking Advisory Committee as Vendor is directed by the Chairman of the Parking Utility.

13.

Bid Guarantees: Surety is to be posted at the time of bid in the form of a certified check, cashier’s check or bid bond in the amount of Twenty Thousand Dollars ($20,000.00) made payable to the Township. Upon award of the Contract, the bid bond or check, as applicable, will be returned.

14.

Representation and Warranty: By submitting a bid, Vendor represents and warrants to the Township that it has the financial capacity, rolling stock and licensed employees necessary to perform the Contract, in full, for the five (5) year term.

15.

Liquidated Damages - In addition to all other remedies which the Township may have against Vendor, and without any limitation on the Township’s rights to recover actual damages in the event of breach of Contract, the Township shall be entitled to obtain liquidated damages for material breach of contract as set forth below. a.

Township personnel shall audit performance to insure compliance with the Contract. The bidder shall supply the Township with up to two (2) passes that will permit its auditors to ride any bus free of any applicable fare. All field performance audits may be conducted without notice. (i)

A letter notifying Vendor of non-compliance (a “Violation Notice”) shall be issued when the Township determines a default of a performance standard based upon the contract standards. The Township may, but is not required to, overlook the following in terms of declaring noncompliance of default under the Contract: (A)

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Minor violations as determined by the Township.

(B)

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Events beyond the control of Vendor resulting from climate conditions, labor disputes or other circumstances as determined by the Township.

(ii)

Following the second determination of a default substantially similar to a default with respect to which a Violation Notice has been issued within the previous twelve (12) month period, a second Violation Notice will be issued to Vendor.

(iii)

Following the third determination of a default substantially similar to a default with respect to which two (2) Violation Notices have been issued within the previous twelve (12) month period, a third Violation Notice will be issued to Vendor, resulting in liquidated damages of $500.00 for each day of continuing violation.

(iv)

Following the fourth (4th) or any subsequent determination of a default substantially similar to a default with respect to which three (3) or more Violation Notices have been issued within the previous twelve (12) month period, a fourth Violation Notice will be issued to the bidder, resulting in liquidated damages of One Thousand Dollars ($1,000.00) for each day of continuing violation.

b.

If any event occurs or has occurred upon which Vendor wishes to rely in defense of the Township’s Violation Notice, Vendor shall notify the Township in writing (“Event Notice”) within seventy-two (72) hours of receipt of the Violation Notice. The Event Notice shall include Vendor’s explanation and description of the event which caused the Violation Notice to be sent, actions taken by Vendor to prevent or minimize the non-compliance a scheduled implementation of any actions to address or mitigate the non-compliance and a statement setting forth Vendor’s rationale, if any for attributing noncompliance to a force majeure event. For the purposes hereof, “force majeure” is defined as any event arising from causes beyond the control of Vendor, or any entity controlled by, controlling or under common control with Vendor that prevents the performance of any obligation by Vendor under the Contract. If the Township agrees that the cause of the non-compliance is attributable to a force majeure event, the Violation Notice will be withdrawn for the particular deficiency cited by the Township for such time as the force majeure event continues. If the Township does not agree that the cause of the non-compliance is attributable to a force majeure event, it shall so notify Vendor, in writing, within thirty (30) days of receipt of the Event Notice.

c.

Vendor shall establish, and shall maintain throughout the term of the Contract, an irrevocable standby letter of credit in favor of the Township, at a bank (the “issuing Bank”) having a branch office located in East Brunswick, New Jersey, in an amount equal to ONE HUNDRED THOUSAND and 00/100 DOLLARS ($100,000.00), available upon presentation by the Township of (i) a sight draft bearing reference to the irrevocable standby letter of credit, and (ii) a certified statement of the Township’s Chief Financial Officer that a Vendor default based upon the contract standards has been determined during a performance audit and that the applicable grace period has expired. The letter of credit shall be effective on the date the term of the Contract commences, shall be issued for a period of not less than one year and shall be renewed for successive periods of not less than one year at each

expiration date. The form of the letter of credit is subject to approval by the Township and must be on file with the Township. Sixty (60) days prior to any expiration date of any such letter of credit, Vendor shall notify the Township by certified mail addressed to Chief Financial Officer, Township, P.O. Box 1081, East Brunswick, NJ 08816-1081, (i) that the letter of credit shall be automatically extended for a period of not less than one year beyond the then-forthcoming expiration date, or (ii) that the Issuing Bank has decided not to grant an additional extension, in which case Vendor shall, no later than the expiration date of the original letter of credit, establish another letter of credit at a different bank having a branch office located in East Brunswick, New Jersey (thereafter to be referred to as the Issuing Bank for all purposes of this paragraph), with identical terms and upon the same conditions as the original letter of credit. The Township may draw on the letter of credit without prejudice to any other right or remedy the Township may have, either by law or by the Contract or otherwise. Upon the expiration or termination of the Contract, and the proper surrender of the Facilities by Vendor to the Township, the letter of credit shall automatically expire, provided that the letter of credit shall remain in full force and effect for a period of sixty (60) days following such surrender of possession and the Township may draw thereon in amounts sufficient to cover the costs of repairing any damage or replacing any damaged portion of the Facilities if Vendor fails to do so prior to its surrender. The letter of credit may not be used by Vendor as a credit for or advance payment of, rent at any time during the term of the Contract. 16.

Challenges: a.

In accordance with N.J.S.A. 40A-11-3, any party wishing to challenge any portion of these RFB specifications must do so, in writing, received by the Township Clerk, no less than three (3) business days prior to the opening of bids. Failure to do so shall result in the absolute waiver of any such challenge.

b.

Any request for clarification or other question concerning these RFB specifications must be submitted, in writing to the Township Clerk, at least ten (10) days prior to the opening of bids. The Township will respond in writing to any such request for clarification not less than six (6) days prior to the opening of bids (and reserves the right to extend the bid opening date if the Township deems it necessary in order to respond to any request for clarification). The Township’s written response will be provided to all prospective bidders who have signed for, and picked up, a copy of these RFB specifications and said response shall be deemed to be incorporated into, and become part of these RFB specifications.

c.

The Township shall respond only once to all requests for clarification. If any party is dissatisfied with the Township’s written response, that party’s sole remedy shall be to institute a challenge to the specifications in a timely manner as provided in paragraph 15.a.

B. QUALITY CONTROL MEASURES: 1.

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Vendor shall have a manned (i.e., not automated) toll-free telephone number, posted on all tickets and available at all hours during which bus service is being operated,

for passengers to receive current information regarding bus and traffic delays, ticket information and other information relevant to passengers. 2.

Drivers are to be informed by Vendor and are to make announcements to passengers when a delay, change of route or circumstances becomes known.

3.

Dispatchers shall, prior to bus departure, check to determine that each bus’s HVAC system is in working order, set at 72ºF with the blowers on and that the reading lights are on.

4.

Emergency breakdown procedures are to be submitted within twenty (20) days of notice of award of the Contract. If those operating procedures are changed during the period of the Contract, revised copies are to be submitted to the Parking Utility promptly. Vendor will train its drivers in the proper procedures to transfer passengers safely to replacement buses in the event of a bus breakdown. Vendor must instruct its drivers to stop, whenever possible and safe, to assist at the location of a breakdown. Vendor shall provide a replacement bus, whenever necessary, as quickly as can be arranged. Drivers of other buses heading in the same direction as the broken down bus will provide assistance, which includes, but is not limited to the following: Transporting as many of the passengers as possible to their intended destination. Notifying the general dispatch office of the breakdown.

5.

All rolling stock to be used at the Facilities must satisfy all Federal and State laws and regulations, if any, applicable to the operation of interstate commuter bus service.

6.

Vendor’s address, phone number and email address will be prominently placed on the public timetables for the purpose of facilitating customer comments.

7.

Vendor agrees to submit to the Parking Utility data on weekday ridership levels on all buses departing from Neilson and TCC, including but not limited to the following: A.M. passenger count reports on each bus by Facility and route showing the number of East Brunswick passenger boarded and those who could or did not board each bus because it had insufficient seats, or they wish not to take the seat available. Actual time each bus departed compared to scheduled departure time. Average and mean ridership levels by time slot and by day of the week. Vendor will submit such reports by e-mail monthly. The reports required by this section shall indicate separate summaries for route (i.e., PABT, Downtown and Crosstown). All reports shall be furnished monthly on the business day closest to the fifth (5th) of each month. Upon the request of the Parking Utility, Vendor shall, at reasonable intervals, provide similar data regarding weekend ridership from the Facilities.

C.

AWARD

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The Township will award the Contract as follows: Each bidder must contractually commit to a price for a ten-trip booklet/strip of tickets and to a price for a twenty-trip booklet/strip of tickets. The price for a twenty-trip booklet/strip of tickets may not be more than twice the price of a ten-trip booklet/strip of tickets. A ten-trip booklet /strip must be valid for not fewer than twenty (20) days from date of purchase and a twenty trip booklet /strip shall be valid for not fewer than forty (40) days from date of purchase. 1.

Cost of Commutation. The Contract shall be awarded to the bidder contractually committing to the lowest total cost for two hundred sixty (260) ten-trip booklets/strips of tickets over the five (5) year life of the Contract (i.e., one ten-trip booklet/strip per week, 52 weeks x 5 years). A bidder may not include in the bid more than one fare change during the term of the Contract. Ten-trip fare effective from the commencement date of Contract through (choose one): † expiration of the Contract † ___________, 201__ (date) (year) $______________ Fare Increase (Optional but price adjustment may not be effective prior to the start of the fourth (4th) year of the Contract): Ten-trip fare effective as of ___________, 201__

2.

$___________

Tiebreaker In the event the total cost for 260 ten-trip booklets/strips of tickets determined as provided in paragraph C.1 for two or more bids are identical, those bids will be deemed to be tied. If there is such a tie between two or more bids, the lowest total cost of for one hundred thirty (130) twenty-trip booklets/strips of tickets over the five (5) year life of the Contract, will be used to break the tie and award the Contract.. Twenty-trip fare effective from the commencement date of Contract through (choose one): † expiration of the Contract † ___________, 201__ (date) (year) $______________ Fare Increase (Optional but price adjustment may not be effective prior to the start of the fourth (4th) year of the Contract): Twenty-trip fare effective as of ___________, 201__

D.

$___________

MISCELLANEOUS 1.

After the Contract is awarded, Vendor may not sell, assign, modify or otherwise transfer the Contract without the formal approval of the East Brunswick Township Council

2.

Each company submitting a bid acknowledges that it has read the entire RFB specification and understands the importance of complying with every provision of this RFB specification. By submitting a bid, the submitting company agrees to comply with all of the terms and conditions of the Contract which shall incorporate by reference the entire RFB specification, should it become Vendor.

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3.

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If the two year option is approved, the price of the ten trip ticket strip as increased by the CPI, North East New Jersey based on the annual change each year from January 30, 2013 to December 30 of the following year.