Commuter rail operating agreement

QUALITY

QUALITY

The Operator shall establish and implement a Quality Assurance Program (the “Quality Assurance Program”), and provide sufficient quality assurance (“QA”) and quality control (“QC”) staffing to support the delivery of the Quality Assurance Program.

OPERATOR PROGRAM AND STAFFING

The Quality Assurance Program shall set out the organization, processes, and resources needed to achieve consistency and uniformity of work performed by the Operator, Subcontractors, manufacturers and suppliers through implementation of and adherence to documents described in the QAP (as defined herein).

The Quality Assurance Program shall comply with ANSI/ISO/ASQ Q9001-2000 or an MBTA approved equivalent. ISO registration of sub-contractors and manufacturers and suppliers selected by the Operator is desirable but not required.

The Quality Assurance Program shall include the following general requirements, at a minimum:

The Operator shall be responsible for the conduct of all inspections required to demonstrate full conformance of the performance of the Agreement Services by the Operator to the requirements of this Agreement.

The Operator shall be responsible for any independent third party analysis requirements.

The Operator shall provide an inspection system capable of producing objective evidence that materials provided and finished work performed by the Operator meet the quality requirements of this Agreement.

The inspection system shall be considered acceptable when, as a minimum, it provides for the detection and removal of non-conforming work or material where it can be corrected prior to placement into a more progressive state (e.g., for a locomotive – prior to being placed into revenue service; for a report or document – prior to being submitted to the MBTA).

The Operator shall designate a specific person as the Manager – Quality with the qualifications and responsibilities as defined in Schedule 3.9 (Management and Personnel) of this Agreement.

The Operator shall designate Quality Assurance Representatives (“QAR”) within its organization who shall report to the Manager – Quality. The QARs may have other duties as well as QA and QR, but will be the designated representative within their area of the Operator’s organization. At a minimum, QAR’s shall be designated for:

Operations (Transportation & Customer Service & Information);

Engineering – Buildings, Structures & Facilities;

Engineering – Maintenance of Way & Wayside Systems;

Mechanical;

Purchasing, Material and Stores, and

Documentation and Reporting.

The Operator may designate such additional QAR’s as are necessary to achieve the requirements of this Agreement.

OPERATOR QUALITY ASSURANCE PLAN

The Operator shall develop and implement a Quality Assurance Plan (“QAP”) that addresses each of the clauses in ANSI/ISO/ASQ9001-2008. The QAP shall be submitted for MBTA review and approval no later than 120 days after NTP (ODRL 3.6-001). The following Sections of this Schedule 3.6 (Quality) identify specific areas of particular attention the Operator shall address in the QAP.

The Operator shall implement the QAP under its Quality Assurance Program and those of its Subcontractors, manufacturers and suppliers, as applicable.

The MBTA shall have the right to audit and verify compliance throughout the Term at the Operator, Subcontractor, manufacturers and supplier facilities.

The QAP shall consist of the documented procedures, policies, plans, and organization activities of the Operator, Subcontractors, manufacturers, and suppliers, which shall assure that all work, materials, testing, and documentation conforms to the requirements of this Agreement.

The QAP shall include:

The Operator’s Organization Chart showing the lines of authority.

Responsibility for quality assurance and its relationship with other functions;

Titles and names of key personnel; and

Titles and functions of all quality personnel.

The quality management system for each area of the Operator’s work shall be defined including, but not limited to:

Operations (Transportation & Customer Service & Information);

Engineering – Buildings, Structures & Facilities;

Engineering – Maintenance of Way & Wayside Systems;

Mechanical;

Purchasing, Material and Stores; and

Documentation and Reporting.

Within the work areas, processes, procedures, and criteria shall be developed to measure compliance with the Agreement and requirements of the specific activity.

Specific ISO requirements that must be addressed in the QAP include, but not be limited to:

Quality Management System

Control of Documents

Control of Records

Management Responsibility

Resource Management

Product Realization (Rail Service and Maintenance)

Measurement, Analysis and Improvement

Internal Audits

Control of non-conforming product

Corrective action

Preventive action

QUALITY CONTROL

The Operator shall establish a Quality Control Process Manual (“QCPM”) that includes guidelines for conducting quality control inspections; documenting performance failures and incidents of non-compliance with this Agreement requirements, reporting all performance failures and instances of non-compliance.

For specific areas of the Operator’s scope, the MBTA requires that the Operator submit for review and approval QCPM sections for specific aspects of the work.

The QCPM shall be organized by the area of work a particular Schedule to this Agreement covers, for example: “Materials Management (Schedule 3.4).”

The QCPM shall contain a log of updates or new processes that are added, and will be maintained to be current.

Manuals shall be electronic in form, available to users, including the MBTA, through terminals or computers at workstations through the Commuter Rail IT Environment.

At a minimum, the following manual sections shall be provided within 120 days of NTP:

Transportation Services (ODRL 3.6-002)

Customer Service Information (ODRL 3.6-003)

Engineering Services (ODRL 3.6-004)

Mechanical Services (ODRL 3.6-005)

Materials Management (ODRL 3.6-006)

Capital Project Support (Including PTC) (ODRL 3.6-015)

The QCPM will include work instructions, as needed, to assure that critical processes are executed and documented in a uniform and traceable manner.

STANDARDS AND REFERENCES

In order to assure that all work is carried out within the terms of this Agreement, the Operator shall follow industry and national standards where applicable, or develop standards for approval by the MBTA.

All procedures, processes and instruction documents shall be referenced to recognized national standards documents where appropriate, such as APTA, ANSI, etc.

To the extent practical, all maintenance documents for equipment, systems, and purchased items shall be based upon and referenced to the latest instructions of the OEM.

When OEM instructions are not available, or not relevant to MBTA applications, the Operator shall develop a proposed standard for MBTA review.

Once approved by the MBTA, a standard shall be maintained and documented through the configuration management system.

The Operator shall develop and implement calibration standards, processes, procedures and documentation for all tools and equipment that are used to measure and verify characteristics and processes (ODRL 3.6-007). This shall be submitted to the MBTA for review and approval no later than 120 days after NTP. The Operator shall prepare a list of all equipment that it believes is outdated and for which no documentation exists and submit the proposed list for MBTA review.

All tools and equipment shall be periodically calibrated and maintained in calibration, or identified as being out of calibration and otherwise secured to prevent accidental use. In addition:

Calibration standards shall be traceable to the National Bureau of Standards.

Calibration history and frequency records shall be maintained and available.

Calibration dates and due dates shall be displayed on equipment.

The Operator shall adopt workmanship standards for all areas of Agreement Services. They shall become appendices to this Agreement.

The Operator shall ensure that workmanship is maintained at a level of quality consistent with the technical and functional requirements of the work.

Workmanship shall be defined to the greatest practical extent by written standards, accepted by the Operator and the MBTA as examples of satisfactory workmanship.

The Operator shall submit written workmanship standards that must be referenced to a recognized standard. This may include reference to an MBTA Technical Specification(s) (ODRL 3.6-008). These standards shall be submitted no later than 120 days after NTP, and upon acceptance by the MBTA shall become the standard to which Operator workmanship performance is measured. The accepted Standards shall become an appendix to this Agreement.

The Operator employees engaged in performing work which requires specialized training and/or certification shall have the records of that training and qualification maintained in a system that:

Indicates the date of initial qualification and any refresher training

Indicates the date of expiration of the certification

Provides for notification of the employee and his or her supervisor of the need for recertification prior to expiration

Is available to QA personnel to verify the worker’s qualification to do the work during audits and inspections

The Operator shall develop written instructions for all Agreement Services functions, processes and procedures not already covered by written instructions. These shall be prepared and submitted to MBTA for review and approval prior to implementation.

The Operator shall develop a Master List of all Agreement Services functions, processes and procedures not already covered by written instructions as well as a proposed schedule for completion (ODRL 3.6-009). This Master List shall be submitted to the MBTA no later than 120 days after the Mobilization Commencement Date.

CONFIGURATION CONTROL

The Operator shall prepare and implement a Configuration Management Plan (“CMP”), either separately or as part of the QAP that governs the configuration of all Service Property, Support Property and Service Equipment (ODRL 3.6-010). It shall encompass all processes, documents, and equipment used to provide Agreement Services. This CMP shall be submitted for MBTA review and approval no later than 120 days after NTP.

The CMP will include sections for:

Document control and revisions;

Vehicle and System History Books as maintained by the MBTA; and

A Software Configuration Management Plan (“SCMP”) compliant with Schedule 3.15 (Intellectual Property; Ownership) of this Agreement and compliant with 49 CFR 238.105 and all other applicable regulations (ODRL 3.6-011).

The Operator shall develop and implement the CMP to prevent the removal of re-buildable components and assemblies from any Commuter Rail Property and replacement with earlier, superseded, obsolete or discontinued models taken from other sources of Commuter Rail Property or supplier inventories.

The Operator shall develop the CMP to prevent its Subcontractors and suppliers of Unit Exchange (UTEX), Repair-and-Return (R&R), overhauled and rebuilt components from substituting models of lesser quality or value or that do not meet MBTA or OEM specifications.

The SCMP shall be comprehensive and include all Service Equipment and Support Property including all software/firmware files and other software configurable files whether onboard, wayside or diagnostic equipment.

The Operator shall develop the SCMP to prevent the installation or use of incorrect, superseded or non-compatible software that could affect the safety, function, availability or reliability of Commuter Rail Property or cause damage to same.

The SCMP shall include a comprehensive software inventory including version number, open issues, file sizes/dates and CRC where applicable, by vehicle or equipment number, asset description and/or number, that is continually updated (i.e., in real time) and available electronically to the Operator and MBTA personnel on demand.

AUDITS

The Operator shall prepare and implement an Audit Plan that encompasses all areas of Agreement Services (ODRL 3.6-012). This shall be a separate, stand-alone plan that will be an adjunct to the QCPM. This plan shall be submitted to the MBTA for review and approval no later than 120 days after NTP.

The Audit Plan shall identify minimum audit requirements for internal audits to be performed of all functional areas as well as Subcontractors and major suppliers. Emphasis shall be given to all areas directly impacting Customer Service, comfort and safety.

Copies of all audit reports and findings (ODRL 3.6-013) shall be transmitted to the MBTA within thirty (30) days of conclusion of the audit.

An Audit Summary Report (ODRL 3.6-014) shall be prepared and submitted to the MBTA on a quarterly basis. The specific schedule for submission of these reports shall be included in the Audit Plan.

The MBTA reserves the right to conduct its own audits of the Operator or the Subcontractors and suppliers at any time. The Operator shall fully cooperate and assist in such audits, as requested by the MBTA.

The Operator shall afford access to the MBTA to inspect all Service Equipment to ensure that it is serviceable and properly stored, and may conduct spot inspections of Service Equipment, Support Property, and all Service Property for compliance with the requirements of this Agreement.

The Operator shall promptly address any MBTA quality assurance findings of deficiencies, and shall conduct any additional training that may be required to remedy such deficiencies.

The MBTA reserves the right to conduct quality assurance reviews of the Operator’s training, inspection, maintenance, and safety programs, as well as procedures, and documentation.

OPERATOR DELIVERABLE REQUIREMENTS LIST

GENERAL

The Operator shall perform all Customer Services set out in this Schedule 3.7 (Operator Customer Service Responsibilities). Except as specifically set forth below, the performance of all Customer Services shall be included within the Annual Fee.

The Operator shall perform the Customer Services described in this Schedule 3.7 (Operator Customer Service Responsibilities) and in compliance with the pledges in the MBTA’s current Customer Bill of Rights, attached as Appendix 1 to this Schedule 3.7 (Operator Customer Service Responsibilities), as it may be amended by the MBTA from time to time.

The Operator shall make every effort to assist the MBTA in providing excellent service to Customers by adopting the MBTA Customer Bill of Rights as the cornerstone of its duties.

RESPONSIBILITIES

Customer Service Manager

The Operator shall provide a manager responsible for overseeing the Operator’s delivery of the Customer Services (the “Customer Service Manager”). The Customer Service Manager will maintain frequent contact and coordinate efforts with MBTA Railroad Operations and the MBTA’s Customer Service department, and will report to the Operator General Manager. In addition, the Customer Service Manager shall have the duties set forth in Section 14.2.4 (Customer Service Manager) of Schedule 3.9 (Management and Personnel) of this Agreement.

Customer Service Representatives

The Operator shall provide staff for the Customer Service Offices located in the same building and in the office nearest each of the North Division Chief Dispatcher and the South Division Chief Dispatcher (as such positions are described in Schedule 3.1 (Transportation Services) of this Agreement.) Such staff shall be known as Customer Service Representatives (“CSR”).

Customer Service Office staffing and hours shall be included as elements of the Transportation Service Plan required by in Schedule 3.1 (Transportation Services) of this Agreement and subject to MBTA review and approval as well as possible change. These operating hours may be subject to change whenever a Service Schedule change goes into effect.

CSR duties shall include, but not be limited to, taking information from the appropriate Chief Dispatcher and Shift Dispatchers when events occur that have impacts on customer service and preparing and delivering announcements through the Commuter Rail IT Environment and other information technology systems to the public and to the MBTA’s Customer Service Department.

CSR duties shall also include sending pages and texts to designated Operator and MBTA managers and others in need of information relative to ongoing events.

CSRs must be familiar with the routes, infrastructure, and rolling stock used to provide Commuter Rail Services.

CSRs shall arrange for alternate transportation for Customers (as further described in Section 2.11 (Provision of Alternate Transportation) of this Schedule 3.7 (Operator Customer Service Responsibilities)) during Emergencies, Service Disruptions, planned maintenance work and track outages, and as otherwise necessary to reduce the effect of delays and mitigate Service Disruptions. During Emergencies and Service Disruptions, CSRs shall work under the direction of the applicable Chief Dispatcher in coordinating such alternate transportation.

A CSR will staff the PTIS sign desk in each train dispatchers office (North and South) for two shifts (5:00 am until 1:30 pm until 10:00 pm), seven days per week. In the event of an ongoing service disruption or delay, the CRS-PTIS sign person will remain on duty, as required.

Information Booth Staffing

The Operator shall provide staff for the information booths located in South Station, Back Bay Station and North Station (the “Information Booth Staff”).

The Operator shall, at a minimum, provide Information Booth Staff at South Station and Back Bay Station continuously from 5:30AM through 12:00AM weekdays and 7:00AM through 11:00PM weekends and Holidays, in each case, provided that in the event of a Service Disruption or a delay, Information Booth Staff shall remain until the last train departs the station.

The Operator shall, at a minimum, provide Information Booth Staff at North Station continuously from 6:00AM through 12:00AM weekdays, and 7:30AM through 11:30PM weekends and Holidays, in each case, provided that in the event of a Service Disruption or a delay, Information Booth Staff shall remain until the last train departs the station.

The number of Information Booth Staff and their hours shall be included as elements of the Transportation Service Plan required by Schedule 3.1 (Transportation Services) of this Agreement and subject to MBTA review and approval as well as possible change. These operating hours may be subject to change whenever a Service Schedule change goes into effect.

The duties of the Information Booth Staff shall include, but not be limited to, providing schedule information and customer assistance relating to all Commuter Rail Services and other MBTA services. Information Booth Staff must be knowledgeable of all Commuter Rail Services and other MBTA services and shall perform their duties in a courteous, efficient, and competent manner.

The Operator shall maintain information booths in a clean, well lit, well signed, and inviting condition and in compliance with Schedule 3.2 (Engineering Services) of this Agreement.

Ticketing

The Operator shall provide ticketing services on-board all commuter rail trains and at all of the Stations with staffed ticketing booths in accordance with its obligations to deliver the Transportation Services.

Operator Personnel providing ticketing services shall perform their duties in a courteous, efficient, and competent manner.

Lost & Found Services

The Operator shall provide lost & found services at North Station, South Station and Back Bay Station.

The Operator shall develop a set of standard procedures for lost & found services, in accordance with the Lost Articles provision of the MBTA General Rules. This set of procedures shall be submitted to MBTA within 60 days after NTP for approval (ODRL 3.7-001).

Lost & found services shall include, but not be limited to, collecting lost items on trains and at stations and keeping a log of these items to assist patrons in retrieving their possessions.

The Operator shall continuously provide lost & found services from 7:00AM through 7:00PM Monday to Friday, not including Holidays.

Operator Personnel providing lost & found services shall perform their duties in a courteous, efficient, and competent manner.

Public Information Materials, Bulletin Boards and Kiosks

The Operator shall post MBTA-approved promotional materials, public information and current Service Schedules on bulletin boards and kiosks at all the Stations as required by the MBTA. All information materials posted by the Operator shall be weather resistant.

The Operator shall post updated Service Schedules prior to their effective date. The Operator shall maintain and stock MBTA promotional materials and current train schedules at North Station, South Station and Back Bay Station information booths, bulletin boards and kiosks as required by the MBTA.

The Operator shall also create, reproduce, and distribute customer informational flyers, seat drops, or bulletins as directed and approved by the MBTA for scheduled track outages, in such numbers and at such times as are required to give timely and effective notice of service changes, or explanations or apologies for Service Disruptions. (ODRL 3.7-002) These items are expected to be required on average once per week, with an average distribution of 3,000. This is only an estimate; actual distribution will be based on actual events and occurrences.

Station Announcements and Electronic Messages

The Operator shall immediately inform Customers of all train departures, platform assignments, destinations and intermediate stops through the public address systems at North Station and South Station and shall immediately inform Customers of all train arrivals, departures, platform assignments, destinations and intermediate stops through the public address system at Back Bay Station.

The Operator shall immediately inform Customers of train arrivals, departures, platform assignments, destinations and intermediate stops or other applicable customer service information using computer monitors, electronic message boards and other systems provided by the MBTA.

The Operator shall provide, through these systems, timely and accurate delay and Service Disruption information, in accordance with the procedures required by Section 9.4 (Notification of Delays to the Public) of Schedule 3.1 (Transportation Services).

The Operator shall be responsible for immediately informing Customers about emergencies and security issues.

The Operator shall make announcements concerning Fare policy, MBTA General Rules (such as MBTA smoking policy), special events and other messages as required by the MBTA.

The Operator shall be responsible for the input of customer service information for all automated messages, from either one or both MBTA Commuter Rail Dispatching Centers or at locations provided by the MBTA during all hours of train operations.

The Operator shall ensure that the content, format and timing of all station announcements and messages are in compliance with the requirements of all federal, state and local accessibility laws and regulations.

On-Board Announcements

Crewmembers shall make announcements on-board all Revenue Trains, as required by the Employee Timetable and Customer Service Special Instructions, MBTA policies and procedures and the ADA.

Crewmembers shall announce from station platforms the train destinations to Customers at intermediate and terminal Stations as trains arrive and prior to departure. Announcements at terminal stations shall be made on the platforms and on board prior to departure.

Crewmembers shall activate the available on-board automated announcement system. In the event that the automated system is unavailable or malfunctioning, the Crewmembers shall announce the train destinations to Customers as trains approach and depart from each Station.

Crewmembers shall provide timely and accurate delay information on-board all commuter rail trains, in accordance with the procedures outlined in Section 9.4 (Notification of Delays to the Public) of Schedule 3.1 (Transportation Services) of this Agreement.

Crewmembers shall immediately inform Customers about emergencies and security issues. Crewmembers must be knowledgeable of all MBTA services and all emergency and security policies and procedures.

Crewmembers shall perform their duties in a courteous, efficient and competent manner and shall not make any inappropriate announcement or include any personal opinion or editorial in any announcement. Any inappropriate, unprofessional or otherwise unacceptable announcement shall be considered Conduct Unbecoming an Employee as provided in Schedule 3.9 (Management and Personnel) of this Agreement.

The Operator shall ensure that the content, format and timing of all on-board announcements are in compliance with the requirements of the ADA.

Response to Public Comments and Complaints

The Operator shall investigate all comments and complaints arising from the provision of Services or the actions of Operator Personnel whether or not requested by the MBTA.

The Customer Service Manager shall be responsible for investigation of complaints.

Comments and complaints received by the MBTA will be collected by the MBTA in writing, in electronic form, and by telephone and forwarded to the Operator. The Operator will forward promptly any comments and complaints received by it to the MBTA through the Incident Tracking Portal.

The Operator shall respond to any customer comments or complaints forwarded from the MBTA or received by the Operator directly from a Customer within five Business Days and shall copy the MBTA on all such responses. (ODRL 3.7-003)

The Operator shall prepare a formal written report stating the circumstances for the complaint and any corrective action taken. This response shall be entered and maintained in the Commuter Rail IT Environment through the Incident Tracking Portal within five Business Days after receipt by the Operator of the complaint whether received from the MBTA or received directly. (ODRL 3.7-004)

If the comment or complaint requires additional investigation after the initial response the Operator shall enter updates into the Commuter Rail IT Environment on the status of the investigation every five Business Days, or at intervals agreed to by the MBTA. (ODRL 3.7-005)

The Operator shall make every reasonable effort to resolve all complaints as soon as possible.

The Operator also shall maintain a record of all complaints received and responses made about individual Operator Personnel in the Commuter Rail IT Environment.

All records shall be made available at the request of the MBTA in either hard copy or electronic format on demand in the Commuter Rail IT Environment (ODRL 3.7-006).

Operator Personnel performance that leads to a complaint, whether written or oral, may be considered Conduct Unbecoming an Employee in accordance with Sections 1.8.7, 1.8.8 and 1.8.9 of Schedule 3.9 (Management and Personnel) of this Agreement.

The Operator shall prepare and submit to the MBTA quarterly reports detailing the number of Customer comments and complaints, broken down by various categories determined by the Parties (provided, however, that the Operator shall include all categories identified by the MBTA) (each, a "Quarterly Customer Comment and Complaint Report") (ODRL 3.7-010). Unless the MBTA requires earlier action, the Operator shall use the applicable year's Quarterly Customer Comment and Complaint Reports to determine those areas of Customer Service that could be improved upon, and shall prepare and submit to the MBTA an annual plan detailing the efforts that the Operator proposes to implement to address identified areas in need of improvement (each, an "Annual Customer Service Improvement Plan") (ODRL 3.7-011). The MBTA shall either approve the efforts identified in the Annual Customer Service Improvement Plan, or identify deficiencies in the Annual Customer Service Improvement Plan. The Operator shall have fifteen (15) days to correct all deficiencies in the Annual Customer Service Improvement Plan and resubmit the same to the MBTA for further review. If the applicable Annual Customer Service Improvement Plan is determined to be deficient a second time, the Parties shall immediately meet and make a good faith effort to resolve outstanding issues. If the Parties fail to reach agreement then the Operator shall proceed as directed by the MBTA. Upon approval from the MBTA, the Operator shall implement the efforts identified in the Annual Customer Service Improvement Plan.

Coordination with Third-Party Contractors

The Operator shall maintain frequent and ongoing communications with any Third Party concerning such Third Party’s schedules, delays, construction scheduling and similar matters to ensure that the Agreement Services continue to be provided in full compliance with this Agreement.

The Operator shall provide timely and accurate information concerning delays or unusual conditions related to any Third Party, in accordance with the procedures outlined in Section 9 (Incident Management and Notifications) of Schedule 3.1 (Transportation Services) of this Agreement.

Provision of Alternate Transportation

The Operator shall develop, distribute and implement protocols for the handling of alternate transportation for Customers during Emergencies, Service Disruptions, planned maintenance work and track outages, and as otherwise necessary to reduce the effect of cascading delays and to minimize Service Disruptions. Such protocols shall clearly delineate lines of responsibility in order to minimize delays for Customers affected by events calling for the use of alternate transportation. The protocols shall be submitted to the MBTA no later than 60 days after NTP (ODRL 3.7-007).

The CSRs shall implement the alternate transportation protocols, including arranging for and coordinating bus, shuttle or other transportation for Customers during Emergencies and Service Disruptions. The CSRs shall also arrange for and coordinate such alternate transportation during planned maintenance work and planned track outages, and as otherwise necessary to prevent delays or Service Disruptions.

The Operator shall notify OCC and MBTA Railroad Operations immediately of the need for alternate transportation and shall use MBTA vehicles and operators for these services unless authorized or required by the MBTA to do otherwise in that instance.

The Operator shall maintain an up-to-date roster of private carriers in the Service Area, including contact names, telephone numbers and operating statistics (e.g., fleet size, hours of operation). This list shall be forwarded to the MBTA no later than 90 days after NTP and an updated list shall be forwarded to the MBTA at least quarterly thereafter (ODRL 3.7-008).

The Operator shall provide notification of the use of alternate transportation through the public address system and other announcement systems at affected Stations and on-board affected trains.

The Operator shall provide personnel at affected Stations and on-board affected trains to assist Customers and coordinate the use of alternate transportation.

The Operator shall be required, at the request of the MBTA, to provide alternate transportation for the MBTA transit system services using the Service Equipment and Service Property during periods of MBTA transit system delay or disruption or a Service Disruption that requires the provision of alternate transportation (each, an "Alternate Transportation Triggering Event"). The MBTA will compensate the Operator, as Supplemental Work, for the actual incremental costs of those alternate transportation services triggered by an Alternate Transportation Triggering Event.

Accommodation of People with Disabilities

The Operator’s Customer Service responsibilities shall include accommodating persons with disabilities to the greatest extent possible. At a minimum, the Operator shall be responsible for providing all Agreement Services in compliance with all federal, state and local accessibility laws and regulations, and as described in Schedule 3.9 (Management and Personnel) of this Agreement. In addition, the Operator shall maintain the Service Property and the Service Equipment in compliance with the ADA and all such state laws, in accordance with Schedule 3.2 (Engineering Services) of this Agreement.

Operator Personnel behavior that is not in compliance with the ADA and all such state laws shall be considered Conduct Unbecoming an Employee as provided for in Schedule 3.9 (Management and Personnel).

Any audits or other reports covering ADA compliance shall be forwarded to MBTA immediately (ODRL 3.7-009). Any delay in this process or mishandling of audit staff or reports will result in the imposition of a remedial plan to cure any deficiency.

In addition to the Operator's other obligations: (i) the Operator shall notify the MBTA and the MBTA Department of System-Wide Accessibility immediately upon (and, in no event, more than twelve (12) hours after) the Operator's receipt of a Customer comment or compliant relating to the ADA, and (ii) the Operator shall notify the MBTA and the Office of Diversity and Civil Rights immediately upon (and, in no event, more than twelve (12) hours after) the Operator's receipt of a Customer comment or compliant relating to civil rights or DBEs.

Customer Service Satisfaction Efforts

The Operator shall prepare and submit a customer service satisfaction plan to the MBTA for review no later than 90 days after NTP (the "Customer Service Satisfaction Plan") (ODRL 3.7-012). The MBTA shall either approve the Customer Service Satisfaction Plan, or identify deficiencies that the Operator must correct. The Operator shall have fifteen (15) days to correct all identified deficiencies and resubmit the same to the MBTA for further review. If the Customer Service Satisfaction Plan is determined to be deficient a second time, the Parties shall immediately meet and make a good faith effort to resolve outstanding issues; provided, however, that in the event that the Parties cannot reach agreement, the Operator shall make all revisions directed by the MBTA. Upon approval from the MBTA, the Operator shall implement the efforts and activities identified in the Customer Service Satisfaction Plan in compliance with the associated implementation timeline.

The Customer Service Satisfaction Plan shall detail those efforts and activities that the Operator shall implement (with an associated timeline for implementation) during the Term of the Agreement to continuously improve the overall customer experience in connection with the Commuter Rail Service. By way of example, and not limitation, the Customer Service Satisfaction Plan may include efforts related to Personnel training targeted towards Customer interaction and service provision, Customer ambassador programs, means of facilitating Customer communications and community building, contests and updates to Operator uniforms.

On an annual basis, the MBTA shall commission the development and administration of a survey designed to gauge Customer satisfaction with the Commuter Rail Service (each, an "Annual Customer Satisfaction Survey"). The MBTA shall provide the Operator with the results of the applicable Annual Customer Satisfaction Survey within a reasonable time of its completion.

The Operator shall update the Customer Service Satisfaction Plan annually, and submit the same to the MBTA for review and approval (each, a "Customer Service Satisfaction Plan Update") (ODRL 3.7-013). Updates as well as additional efforts and activities included in the Customer Service Satisfaction Plan Update shall be based on the Annual Customer Satisfaction Survey, the Annual Customer Service Improvement Plan and new developments and other innovations relating to improving customer service. Each Customer Service Satisfaction Plan Update shall also include an associated implementation timeline for all identified changes to the applicable Customer Service Satisfaction Plan. The MBTA shall either approve the Customer Service Satisfaction Plan Update, or identify deficiencies in the Customer Service Satisfaction Plan Update. The Operator shall have fifteen (15) days to correct all deficiencies in the Customer Service Satisfaction Plan Update and resubmit the same to the MBTA for further review. If the applicable Customer Service Satisfaction Plan Update is determined to be deficient a second time, the Parties shall immediately meet and make a good faith effort to resolve outstanding issues. If the Parties fail to reach agreement then the Operator shall proceed as directed by the MBTA. Upon approval from the MBTA, the Operator shall implement the updates, efforts and activities identified in the Customer Service Satisfaction Plan Update in compliance with the associated implementation timeline.

MARKETING RESPONSIBILITIES

MBTA Responsibilities

The Operator may market the Commuter Rail Service through advertisements or other public promotions in consultation with the MBTA and with the prior approval of the MBTA’s General Manager or designee. Branding for the Commuter Rail Service shall refer to it as a service of the MBTA and all marketing must refer primarily to the MBTA, not the Operator.

The Operator shall support the MBTA in its efforts to inform the public about the Commuter Rail Service. Incident management and notification of Service Disruptions and delays are not considered marketing activities, and the Operator shall bear responsibility for such notification pursuant to Section 2 Responsibilities) of this Schedule 3.7 (Operator Customer Service Responsibilities) and to Section 9 (Incident Management and Notifications) of Schedule 3.1 (Transportation Services) of this Agreement.

The MBTA shall have sole responsibility for communicating with the media, except where the MBTA directs the Operator to support such media communication. Notwithstanding anything to the contrary: the Operator (i) shall not communicate (without the MBTA's express written permission, which may be withheld or withdrawn for any reason) with the media regarding major or significant events that involve the public interest such as deaths or other catastrophes, or that otherwise could reasonably be interpreted as casting the MBTA in a negative light (each, a "Media Communications Event"); and (ii) shall immediately notify the MBTA in the event that the Operator receives an inquiry relating to a Media Communication Event. The Operator shall prepare a list of additional Media Communications Events for the MBTA's review and approval; provided, however, that the MBTA shall make the final determinations as to what constitutes a Media Communications Event (ODRL 3.7-014).

The Operator Responsibilities

The MBTA hires Third Party contractors to install and maintain promotional materials or public information notices on the Service Property and the Service Equipment and, as part of the Annual Fee, the MBTA may direct the Operator to install MBTA-approved promotional materials or public information notices on the Service Property and Service Equipment pursuant to procedures established by the MBTA.

The Operator shall cooperate with MBTA Real Estate staff and MBTA contractors that may be tasked with developing and/or applying MBTA-sanctioned advertising and other public display materials to the Service Property or the Service Equipment.

In addition to the Operator's obligations set out in Section 3.1 (MBTA Responsibilities) of this Schedule 3.7 (Operator Customer Service Responsibilities), the Operator shall assist the MBTA in its efforts to market, promote and otherwise advertise the Commuter Rail Service and to otherwise participate in community outreach programs and other community communications.

THIRD PARTY ADVERTISING

The MBTA shall have the sole and exclusive right to utilize or authorize the utilization of Stations, Right of Way Assets, and the exterior and interior of the Service Equipment or the Service Property for the display of any written or printed advertising, promotional material, or public information notices. Any revenues from such advertisements, whether or not such advertisements are properly authorized, shall belong exclusively to the MBTA. The MBTA may hire contractors to install and maintain advertising materials on the Service Property and Service Equipment.

The Operator may solicit and propose, to the MBTA, Third Party advertising programs and other non-Fare revenue generating programs. To the extent such program is approved by the MBTA and implemented, the Operator and the MBTA shall share, as determined, in any revenues generated net of any expenses of the advertising program.

MBTA INVOLVEMENT IN OPERATOR MARKETING AND ADVERTISING EFFORTS

Notwithstanding anything to the contrary, the Operator shall not undertake any marketing or advertising efforts related to the Commuter Rail Service (including, but not limited to, those efforts outlined in Section 3 (Marketing Responsibilities) and Section 4 (Third Party Advertising) of this Schedule 3.7 (Operator Customer Service Responsibilities)) without (i) providing at least thirty (30) days' prior written notice to the MBTA and the Assistant General Manager of Marketing and Communications (or his/her designee) of the proposed efforts, and (ii) obtaining the MBTA's prior written approval for such efforts.

OPERATOR DELIVERABLE REQUIREMENTS LIST

1. A safe ride every time

We’re continuously monitoring the system to help keep you safe. In addition to Transit Police patrolling the system all day, cameras have been installed in stations and on our vehicles, and T employees are keeping their eyes and ears open for suspicious activity. You can help too. If you see something, say something by calling the Transit Police at 617-222-1212 or by speaking to an MBTA official.

2. Courteous, clean, accessible, and dependable service

All T employees are trained to ask the question, “How can we help you today?” Simply put, we’re here to help you reach your destination in a timely and positive way. If you find our service less than adequate, see a concern, or have an idea for how to improve the system please let us know how we can do better by visiting the customer support section of mbta.com.

3. Accurate and timely information

We make it our priority to provide you with timely information on service conditions and delays. If we anticipate delays of more than 15 minutes on any service we will post that information to mbta.com, send alerts to T-Alerts subscribers, and post information to station message boards. Want to know where your bus or train is? More than two dozen apps are available to track your bus, subway, or commuter rail train at mbta.com/apps.

4. Improved communications

Your comments, questions, and ideas help make the T better. The General Manager and T’s senior management team are always out on the system. Join them at regular “Join the GM” sessions and customer roundtables. Can’t meet us in person? Send us a note through the customer support section of mbta.com, on Twitter at twitter.com/mbtagm, or through mobile tools. We make it our priority to respond within 5 days.

5. Transparent performance measures

How are we performing toward our goal of providing on-time, reliable service? The latest facts and figures about our performance are available in our monthly ScoreCard at mbta.com/about_the_mbta/scorecard.

ENVIRONMENTAL SERVICES

ENVIRONMENTAL SERVICES - GENERAL

The Operator shall operate, maintain, and service all environmental systems located throughout the MBTA service property. The Operator shall maintain all environmental permits, certificates and licenses necessary to perform Agreement Services and maintain Service Property. Permits, certificates, and licenses shall be obtained in the name of the Operator, or the Environmental Subcontractor whenever possible. The Operator shall properly dispose of any waste or hazardous material in accordance with all applicable federal, state and local regulations. The Operator, with the assistance of subcontractors, shall furnish all labor, materials, tools, and equipment to operate, test, service, maintain, and repair the MBTA’s environmental systems as described herein.

General Terms

The Operator shall retain the services of a properly certified and licensed Hazardous Materials Disposal Subcontractor; a properly qualified, grade three industrial Wastewater Operator; Level A, B and/or C Certified Tank Operator(s) and a licensed Pest Control Subcontractor to perform the specialized services included in this Schedule 3.8 (Environmental Services).

The Operator shall ensure that all work areas are restored to their original existing conditions when conducting work efforts included in this Schedule 3.8 (Environmental Services).

All materials, parts, equipment, software, data and calculations procured under this Schedule 3.8 (Environmental Services) are the property of the MBTA. All deliverables including but not limited to reports, permits, plans, certificates, licenses and backup data, calculations, analytical results, communications with regulatory agencies, etc. shall be provided to the MBTA Environmental Director when finalized.

The Operator shall maintain at least two full-time environmental compliance staff, and additional staff if needed, to supervise environmental subcontractors, monitor compliance with existing and new permits, and ensure that environmental regulations are complied with throughout the Commuter Rail System. Resumes of the proposed staff shall be submitted to MBTA for review and approval within 30 days of Notice to Proceed (ODRL 3.8-001). Minimum qualifications shall include a Bachelor’s of Science degree in an environmental field and 8-10 years of experience with environmental permitting and compliance monitoring.

MBTA personnel may, at any time and without prior notice, conduct inspection(s) of any Service Property or Service Equipment for the purpose of evaluating compliance with environmental regulations and the requirements of this Section 1 (Environmental Services - General) of this Schedule 3.8 (Environmental Services). In the event that noncompliance issues are identified by MBTA during a visit, MBTA may, at its discretion, cease operations and/or activity at the facility/property and the Operator shall immediately perform whatever actions are required to restore compliance.

The Operator shall maintain current all appropriate permits, certificates, licenses, and the like relating to the Service Property, Support Property, systems, equipment and facilities used in performing the Agreement Services. Operator, within 30 days of Notice to Proceed, shall submit to the MBTA, for review and approval, a draft program to manage the transfer, updating and record keeping for all permits, licenses, and certificates (ODRL 3.8-002). A final program will be submitted to the MBTA, for approval, within 90 days of Notice to Proceed (ODRL 3.8-003). This program shall be submitted in an electronic format and shall include, but not be limited to, compliance with all local, state and federal environmental laws and regulations, and shall include an electronic Management Information System compatible with the MBTA’s Environment Management System.

Permits, certificates, licenses, and the like that are required relating to the Service Property, Support Property and systems and facilities used in performing the Agreement Services include, but may not be limited to:

NPDES Individual Permits

NPDES Multi-sector Permits

Storm Water Pollution Prevention (SWPP) Plans

Spill Prevention Control and Countermeasures (SPCC) Plans

MWRA Sewer Connection Permits

MWRA Sewer Discharge Permits

Municipal Sewer Discharge Permits

Aboveground Storage Tank Permits

Underground Storage Tank Permits

Air Emissions Permits

Garage Licenses

Source Registrations

Flammable Storage Permits

Greenbush Wildlife Crossing Maintenance Plan

The Operator shall maintain the permits and plans included in, but not limited to, those listed in Appendix 1 to this Schedule 3.8 (Environmental Services), Major Permits for MBTA Facilities.

The Operator shall complete periodic inspections and reporting requirements necessary to maintain all environmental permits, certificates, and licenses. Inspections and reporting shall include, but not be limited to, quarterly reports for NPDES Multi-sector Permits, SWPP Plans, SPCC Plans, and MWRA Sewer Connection permits.

The Operator shall submit to MBTA on a monthly basis a summary report listing active and pending permits, results of most recent inspections, and any existing or potential non-compliance issues (ODRL 3.8-005). The report shall summarize the status of all environmental permits, inspections and conditions referenced in this Section 1.2 (Environmental Permitting/Reporting) of this Schedule 3.8 (Environmental Services). An example report shall be submitted to MBTA for review and approval within 30 days of Notice to Proceed (ODRL 3.8-004).

All applications for permits, certificates, and licenses and correspondence with regulatory agencies regarding permits, certificates, licenses and the like, relating to the Service Property, Support Property, facilities, equipment and systems will be prepared and forwarded to the MBTA at least 90 days before expiration (ODRL 3.8-006). The Operator shall operate and maintain the Commuter Rail IT Environment for tracking permits, certificates, and licenses in accordance with Section 12 (Examination and Audit) of