Kansas City Area Transportation Authority PROCUREMENT DEPARTMENT

1350 East 17th Street Kansas City, Missouri 64108

REQUEST FOR PROPOSALS

FOR MANAGEMENT AND OPERATION OF KCATA’S PARATRANSIT SERVICES

RFP # 08-7006-30

Date: March 19, 2008 Contact: Denise Bradshaw, DBE Manager

Telephone Number: (816) 346-0224 FAX Number: (816) 346-0336 E-mail: dbradshaw@kcata.org

March 19, 2008

RFP # 08-7006-30 FOR OPERATION OF KCATA’S PARATRANSIT SERVICES

NOTICE OF REQUEST FOR PROPOSAL

The Kansas City Area Transportation Authority (KCATA) is issuing this Request for Proposals (RFP) to award a competitive contract to a firm or firms to provide paratransit services throughout the KCATA service area. The term of the contract will be for either one year or for five years. Proposers are asked to submit costs for a one year term and for a five-year term. One original and ten (10) copies of the Technical Proposal and of the Cost Proposal must be submitted no later than 3:00 PM CST on Thursday, May 15, 2008. Please reference proposal #08-7006-30 on the submittal cover. Proposals received after the time specified may not be considered for award. Proposals received via facsimile (fax) or electronic mail (e-mail) may not be considered. Submitted proposals must be delivered or mailed to KCATA’s Procurement Department at 1350 E. 17th Street, Kansas City, MO 64108. A Pre-Proposal Conference will be held Wednesday, April 2, 2008 in KCATA’s Breen Building, Large Conference Room, located at 1200 East 18th Street, Kansas City, Missouri, 64108. A Proposal Bond in the amount of 5% of the full expected cost of year one services shall be included in the proposal submission. Once awarded, the contractor shall supply a Performance Bond in the amount of 10% of the full-expected cost of year one services. The Performance Bond shall be renewed annually at 10% of the contract year’s full expected cost. No person or entity submitting a proposal in response to this RFP, nor any officer, employee, agent, representative, relative or consultant representing such a person (or entity) may contact through any means or engage in any discussion concerning the award of this contract with any member of the KCATA Board of Commissioners or any employee of KCATA during the period beginning on the date of proposal issue and ending on the date of selection of the Contractor. Any such contact would be grounds for disqualification of the proposer. Contact with KCATA Procurement Department staff during such time period must be limited to site visits, technical questions, and discussions leading to Best and Final Offers (BAFOs). It is the policy of the Kansas City Area Transportation Authority to ensure that Disadvantaged Business Enterprises (DBEs), as identified in 49 CFR Part 26, have an equal opportunity to receive and participate in Department of Transportation (DOT)-assisted contracts. KCATA’s current

aspirational goal proposes that 13 percent of all DOT funds expended in DOT-assisted contracts will be let to certified DBE firms that are available, willing and able. For information and questions related to this proposal, contact Denise Bradshaw at (816) 346-0224, via email at dbradshaw@kcata.org, or via facsimile at (816) 346-0336. Any questions, requests for clarification or comments concerning this RFP are due from proposers on or before 1:30 PM on Monday, April 14, 2008. Questions, requests for clarification or general inquiries must be submitted in writing to Ms. Bradshaw. If required, KCATA’s response to these submissions will be in the form of an Addendum.

Etta J. Jackson Director of Procurement

NO PROPOSAL REPLY FORM

PROPOSAL # 08-7006-30 FOR PARATRANSIT SERVICES To assist KCATA in obtaining good competition on its Request for Proposals, we ask that if you received an invitation but do not wish to propose, please state the reason(s) below and return this form to Denise Bradshaw, Procurement Department, KCATA, 1350 East 17th Street, Kansas City, MO 64108. This information will not preclude receipt of future invitations unless you request removal from the Proposer’s List by so indicating below. Unfortunately, we must offer a “No Proposal” at this time because: ____ 1. We do not wish to participate in the proposal process. ____ 2. We do not wish to propose under the terms and conditions of the Request for Proposal document. Our objections are: ______________________________________________________________________________ ______________________________________________________________________________ ____ 3. We do not feel we can be competitive. ____4. We do not provide the services on which Proposals are requested. ____ 5. Other: ____ We wish to remain on the Proposer’s list for these services. ____ We wish to be removed from the Proposer’s list for these services. FIRM NAME SIGNATURE

RFP #08-7006-30 i

TABLE OF CONTENTS 1 2 Page 3 4 SECTION 1. ANTICIPATED PROPOSAL SCHEDULE .............................................................1 5 6 SECTION 2. DEFINITION OF TERMS ..........................................................................................2 7 8 SECTION 3. SCOPE OF SERVICES ...............................................................................................8 9 3.1 Overview..........................................................................................................................................8 10 3.2 RFP Objectives................................................................................................................................9 11 3.3 Contract Award .............................................................................................................................10 12 3.4 Scope of Services and Requirements ...........................................................................................10 13 3.5 KCATA Responsibilities ..............................................................................................................17 14 3.6 Contractor Responsibilities and Requirements............................................................................18 15 3.7 Complaints.....................................................................................................................................19 16 3.8 Accidents/Incidents ......................................................................................................................20 17 3.9 Customer and Public Communications .......................................................................................20 18 3.10 Development of Routes ................................................................................................................20 19 3.11 Facility ...........................................................................................................................................20 20 3.12 Office Equipment ..........................................................................................................................20 21 3.13 Vehicles and Vehicle Maintenance ..............................................................................................21 22 3.14 Vehicle Markings ..........................................................................................................................22 23 3.15 Vehicle Operations........................................................................................................................22 24 3.16 Fare Collection ..............................................................................................................................23 25 3.17 Inclement Weather ........................................................................................................................23 26 3.18 Staffing Requirements...................................................................................................................23 27 3.19 Driver Tools...................................................................................................................................27 28 3.20 Staffing Policies.............................................................................................................................27 29 3.21 Training and Safety Programs ......................................................................................................29 30 3.22 Performance Goals .......................................................................................................................31 31 3.23 Incentives and Disincentives .......................................................................................................31 32 3.24 Quality Control Infractions ..........................................................................................................34 33 3.25 Disincentive Exceptions ...............................................................................................................35 34 3.26 Data Collection and Reporting ....................................................................................................35 35 3.27 Run Pull Out Log .........................................................................................................................36 36 3.28 Run Summary Sheets ...................................................................................................................36 37 3.29 Management Reports ....................................................................................................................37 38 3.30 Accounting Records ......................................................................................................................37 39 3.31 Fraud Prevention and Detection Policies and Procedures...........................................................38 40 41 SECTION 4. PROPOSAL INSTRUCTIONS.................................................................................39 42 4.1 General Information ......................................................................................................................39 43 4.2 Reservations...................................................................................................................................39 44 4.3 Proposer’s Responsibilities...........................................................................................................39 45 4.4 Authorization to Propose ..............................................................................................................40 46 4.5 Incomplete and Late Submissions ................................................................................................40 47 4.6 Modifications and Withdrawal of Proposals................................................................................40 48

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4.7 Single Offer ...................................................................................................................................40 1 4.8 Unbalanced Proposal.....................................................................................................................40 2 4.9 Protests...........................................................................................................................................40 3 4 SECTION 5. PROPOSAL SUBMISSION, EVALUATION AND AWARD ............................42 5 5.1 Proposal Copies .............................................................................................................................42 6 5.2 Technical Proposal Format ...........................................................................................................42 7 5.3 Technical Proposal Content ..........................................................................................................43 8 5.4 Basis for Award.............................................................................................................................50 9 5.5 Technical Proposal Evaluation Criteria........................................................................................50 10 5.6 Cost Proposal .................................................................................................................................51 11 5.7 Cost Proposal Evaluation Criteria ................................................................................................51 12 5.8 Bonding Requirements..................................................................................................................51 13 5.9 Interviews/Written Responses ......................................................................................................51 14 5.10 Negotiation & Best and Final Offer (BAFO)...............................................................................52 15 16 ATTACHMENTS ................................................................................................................................53 17 A. Service Area Map..........................................................................................................................54 18 B. Cost Proposal Form – To Follow ................................................................................................55 19 C. Sample Service Agreement...........................................................................................................56 20 D. Certificate of Ability to Bond .......................................................................................................80 21 E1. Certification of Primary Participants Regarding Restrictions on Lobbying...............................81 22 E2. Certification of Lower-Tier Participants Regarding Restrictions on Lobbying.........................82 23 F1. Certification of Primary Participants Regarding Restrictions on Debarment ............................83 24 F2. Certification of Lower-Tier Participants Regarding Restrictions on Debarment.......................84 25 G. Vendor Registration Form ............................................................................................................85 26 H. Workforce Analysis Report ..........................................................................................................87 27 I. Contractor List.......................................................................................................................89 28

RFP #08-7006-30 1

SECTION 1. ANTICIPATED PROPOSAL SCHEDULE 1 2 3

RFP Advertised ................................................................................................. Sunday, March 16, 2008 4 5 6 RFP Issued.................................................................................................. Wednesday, March 19, 2008 7 8 9 Pre-Proposal Conference.................................................................................Wednesday, April 2, 2008 10 1:30 PM 11 KCATA’s Breen Building – Large Conference Room 12 1200 East 18th Street 13 Kansas City, Missouri 14 15 16 Final Questions and Requests for Clarifications Due to KCATA ...................Monday, April 14, 2008 17 18 19 KCATA Response to Final Questions, Comments and Requests 20 for Clarification .............................................................................................Tuesday, April 22, 2008 21 22 23 RFP Closing ...................................................................................Thursday, May 15, 2008 at 3:00 PM 24 25 26 Interviews (Tentative) .................................................................................. Week of May 28 - 30, 2008 27 28 29 Best and Final Offer (Tentative)............................................................................Week of June 2, 2008 30 31 32 Contract Award ......................................................................................................................... June 2008 33 34 35 36

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SECTION 2. DEFINITION OF TERMS 1 2 3 2.1 Definition of Terms and Acronyms. The following terms and acronyms will be used 4

throughout the RFP. 5 6 2.1.1 Accessible Vehicles -- Vehicles which are equipped with lifts or ramps for ease of 7

boarding customers and their mobility devices. 8 9 2.1.2 ADA -- The Americans with Disabilities Act of 1990, as amended, 42 USC § 12101 10

et seq.; section 504 of the Rehabilitation Act of 1973, as amended, 29 USC § 794; 11 49 USC § 5301(d) and any implementing requirements FTA may issue. Requires 12 transit systems to offer accessible mainline services and complementary ADA 13 paratransit service within a ¾ mile corridor of a fixed route. This legislation 14 prohibits discrimination against persons with disabilities and is designed to ensure 15 equal access and equal opportunities. The ADA requires transportation providers to 16 comply with the following criteria: 17

18 A. Service Area. Paratransit service must be provided in a ¾ mile corridor on 19

each side of each fixed route corridor. 20 21 B. Response Time. Transit systems must schedule trips within a one-hour 22

window of the requested time. Transit providers must be able to 23 accommodate trip requests for the next day. 24

25 C. Hours and Days of Service. Paratransit service must be provided on the 26

same days and during the same hours as fixed route service. 27 28 D. Fares. Fares cannot be more than twice the fare paid for fixed route service. 29

One Personal Care Attendant can ride at no charge (see “Personal Care 30 Attendants”). Additional companions may ride at the ADA fare if space is 31 available. 32

33 E. Trip Purpose Restrictions. Transit systems cannot impose restrictions or 34

prioritize trips based on trip purpose. Trips to the doctor must be treated the 35 same as trips to social activities. 36

37 F. Capacity Constraints. Transit systems cannot limit the availability of 38

complementary paratransit service to eligible ADA customers by any of the 39 following: 40

41 • Placing restrictions on the number of trips an individual will be provided; 42 • Use of waiting list for access to the service; and 43 • Use of operational pattern or practice that significantly limits the 44

availability of service to ADA paratransit eligible persons. 45 46

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2.1.3 ADA Certification – Persons with disabilities who are interested in using ADA 1 service must submit an application to determine their eligibility. KCATA is 2 responsible for determining eligibility for ADA paratransit service in the counties of 3 Missouri and Kansas that make up the Kansas City metropolitan region. 4 Applications must be submitted to the KCATA’s Paratransit Certification Program. 5 Eligibility for ADA certification is based on an individual’s functional ability to 6 access and use fixed route bus service. Individuals who are certified by the 7 KCATA, according to ADA guidelines, are eligible to use KCATA’s ADA service. 8

9 2.1.4 ADA Paratransit Service – Non-fixed route service utilizing sedans and small buses 10

to provide trips to and from a specific location within the ADA service area to 11 certified participants. 12

13 2.1.5 Add-On Trip – This is a trip that was properly scheduled but for some reason did not 14

get performed (e.g. driver overlooked the trip, an electronic malfunction caused the 15 trip to drop from the electronic manifest, router failed to route the trip as scheduled). 16 As a practice, these are the limited reasons KCATA may request the Contractor to 17 do a trip on the same day. 18

19 2.1.6 Ambulatory – Ambulatory describes an individual who can walk with a minimum of 20

assistance, or with a cane or walker. 21 22

2.1.7 Automatic Vehicle Locators (AVLs) – AVLs provide dispatchers with immediate 23 and up-to-date information as to the exact location of the vehicle at periodic points 24 along the vehicle’s route. This data is used by dispatch to evaluate the vehicle’s on-25 time status and make modifications to existing schedules when needed. AVLs are 26 usually used in conjunction with Mobile Data Terminals. See “Mobile Data 27 Terminals”). 28

29 2.1.8 Cancellation -- Refers to a customer who cancels service prior to a scheduled trip. 30

31 2.1.9 Capacity Constraints – See full definition under “Americans with Disabilities Act.” 32 33 2.1.10 Common Mobility Devices – See “Mobility Devices.” 34 35 2.1.11 Companion -- A person, other than a Personal Care Attendant, accompanying an 36

ADA eligible customer and has the same origin (pick-up) and destination (drop-off) 37 as the eligible individual. The companion’s trip must be pre-scheduled along with 38 the customer's trip. 39

40 2.1.12 Complaint – Any communication received by KCATA which adversely reflects on 41

any aspect of the operation as provided by the contractor, or which relates to any 42 incident involving the contractor’s vehicles or personnel. 43

44 2.1.13 Complementary ADA Paratransit Service – See “ADA.” It is not necessary for the 45

individual to live in the ADA service area to use ADA service. However, for a trip 46 to be eligible for ADA service, both the pick-up and drop-off locations must be 47 within the ADA service area. 48

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1 2.1.14 Curb-to-Curb Service – Service which picks-up and drops-off customers at the curb 2

of a public street in front of or as close as possible to the customer’s house, building 3 or other designated location. 4

5 2.1.15 Customer Late Trip Cancellations -- When a customer cancels a trip after 4:30 pm 6

the night before a scheduled trip, or with less than two hours notice. KCATA may 7 suspend the use of KCATA’s ADA paratransit service by customers who have an 8 excessive number of late cancellations. KCATA will take extenuating 9 circumstances into consideration before suspending a customer’s use of ADA 10 paratransit services. 11

12 2.1.16 Demand Responsive Transportation – A demand responsive system is any system of 13

transporting individuals that is specifically adapted to the travel needs of an 14 individual. Paratransit is a type of demand responsive transportation in that users are 15 able to schedule rides with specific times and locations. Vehicles are dispatched to 16 pick up customers and transport them to their destinations. The vehicles do not 17 operate over a fixed route or on a fixed schedule. Routes may change every day 18 depending on the demand. 19

20 2.1.17 Eligibility – See “ADA Certification.” 21 22 2.1.18 Excessively Late Trip – A trip that is more than 60 minutes past the scheduled pick-23

up time. 24 25

2.1.19 Fares – Cost of a ride paid by customer; varies by service. (Also see “Americans 26 with Disabilities Act (ADA) – Fares”). 27

28 2.1.20 Fixed Route – Designated public transportation service on which a vehicle is 29

operated along a prescribed route according to a fixed schedule. 30 31 2.1.21 Federal Transit Administration (FTA) – The federal agency of the U. S. Department 32

of Transportation that oversees program regulations and guidelines for public 33 transportation providers, including their contractors. 34

35 2.1.22 Global Positioning System (GPS) – A device that provides a method of digitally 36

recording location data. 37 38 2.1.23 Holiday – New Year’s Day, Memorial Day, Independence Day, Labor Day, 39

Thanksgiving Day and Christmas Day. 40 41 2.1.24 Incident – An event impacting the quality or timeliness of the service that occurs 42

during the contractor’s operation of an revenue vehicle in service that does not cause 43 property damage in excess of $7,500 or personal injury. 44

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2.1.25 Injury – An accident or incident where the driver and/or customer was injured and 1 required medical attention and was transported to the hospital from the scene of the 2 incident. 3

4 2.1.26 KCATA -- The Kansas City Area Transportation Authority. Also referred to as 5

“ATA” and “Authority.” 6 7 2.1.27 Late Pick-Up – Any customer pick-up that occurs past the scheduled pick-up 8

window. 9 10 2.1.28 Manifest – The schedule provided to a vehicle operator listing all scheduled pick-ups 11

and drop-offs. It includes at a minimum the customer name, pick-up and drop-off 12 address, pick-up time, equipment used by the customer, payment status, and special 13 instructions. 14

15 2.1.29 Missed Trip – Also referred to as “Vehicle No Show.” A trip that was not 16

performed as scheduled (e.g. driver overlooked trip on manifest and trip was not 17 performed). 18

19 2.1.30 Mobile Data Terminals (MDTs) – Also Mobile Data Computers (MDCs). Small 20

computers installed in transit vehicles which permit instantaneous, wireless 21 communication between dispatchers and vehicle operators to transmit schedules. 22 MDTs/MDCs are used to report customer pick-ups and drop-offs. See also 23 “Automatic Vehicle Locators”. 24

25 2.1.31 Mobility Device – A mobility device is a vehicle, usually defined as a common 26

wheelchair, with 3 or 4 wheels, a combined overall weight of no more than 600 27 pounds, not exceeding the dimensions of 30 inches in width and 48 inches in length, 28 and measuring two inches above the ground (ref: 40 CFR § 37.3 and 37.165). 29

30 2.1.32 No-Show (Customer) – When a customer does not call to cancel a scheduled trip 31

and is not present for the pick-up. KCATA may suspend the use of ADA paratransit 32 services by customers who have an excessive number of “no-shows.” KCATA will 33 take extenuating circumstances into consideration before suspending a customer’s 34 use of ADA paratransit services. 35

36 2.1.33 On Time Performance -- The window of time between 15 minutes early and no 37

more than 15 minutes after scheduled pick-up time (e.g., For 10:00 AM scheduled 38 pick-up time, transportation should arrive between 9:45 AM and 10:15 AM to be 39 considered on time). 40

41 2.1.34 Paratransit Service – Non-traditional transportation modes, such as ADA paratransit, 42

municipal dial-a-ride services, community shuttles, and vanpool programs that are 43 not fixed route or rail services but generally complement or supplement them. 44

45 2.1.35 Peak-Hour Service -- Periods of time with the highest demand for transportation 46

during the service day. This is generally 6:00 AM to 9:00 AM and 2:30 PM to 5:30 47 PM weekdays. 48

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1 2.1.36 Personal Care Attendant (PCA) -- An individual designated or employed by a person 2

with disabilities to aid in meeting his/her personal needs and/or facilitate travel. 3 KCATA does not require ADA customers to register Personal Care Attendants. One 4 PCA may ride at no cost. 5

6 2.1.37 Pick-up Window -- The period of time allowed to be considered on time. A trip is 7

considered to be on time if the scheduled transportation arrives between 15 minutes 8 before to 15 minutes after the scheduled pick-up time. Example: For a 9:00 AM 9 pick-up, scheduled transportation arrives during the pick-up window of 8:45 AM to 10 9:15 AM. 11

12 2.1.38 Proposer -- The firm submitting a proposal to KCATA under this RFP. 13 14 2.1.39 Revenue Vehicle – Any vehicle used to provide paratransit services to KCATA’s 15

customers in accordance with the Contract. 16 17 2.1.40 Runs, Service Route or Route – Revenue service performed according to the time 18

schedule and order of pick-ups and drop-offs listed in the manifest. 19 20

2.1.41 Share-a-Fare (SAF)Advisory Committee – A Committee formed by KCATA that is 21 composed of consumers with disabilities, and representatives from Kansas City, MO 22 and Mid America Regional Council to review the policies/procedures of the Share-23 A-Fare program, hear appeals of ADA applicants who have been denied 24 transportation services, and review other relative service issues concerning the 25 Share-A-Fare program operations. 26

27 2.1.42 Subscription Service – A standing order for trips on a daily or weekly basis without 28

calling in the reservation. KCATA defines eligible subscription trips as trips taken 29 at least two to three times per week between the same origin and destination and at 30 the same time. 31

32 2.1.43 Swing Shift – A program established to provide transportation services to persons 33

who work non-traditional work shifts. These customers must purchase a monthly 34 bus pass and be able to travel at least one-leg of the work trip by fixed route bus. 35 The other leg of the work trip is needed when the fixed route bus is not in service 36 and qualifies for the Swing Shift program. 37

38 2.1.44 Trip – The one-way movement of a customer from that customer’s origin to his or 39

her destination as designated on the driver’s manifest. 40 41 2.1.45 USDOT -- The United States Department of Transportation 42 43 2.1.46 Vehicle No Show – When the driver does not show up at a location to transport a 44

customer as scheduled. 45 46

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2.1.47 Vehicle-Revenue-Hour: The time from first pick-up to last drop-off, less 1 scheduled breaks or any downtime due to breakdowns or accidents. 2

3 2.1.48 Will-Call Return -- A return trip pick-up only for medical appointments that does 4

not include a specific time. A will-call return is scheduled at the time as the pick-up 5 is scheduled. The customer calls KCATA staff when s/he is ready for pick-up. The 6 Vendor must pick-up the customer within sixty (60) minutes of the notification. 7

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SECTION 3. SCOPE OF SERVICES 1 2

3.1 Overview 3 4

A. Authority Overview 5 6

1. The Kansas City Area Transportation Authority (KCATA, ATA, 7 Authority) is the regional transit agency in the Kansas City metropolitan 8 area. KCATA is a special purpose public authority created in 1965 9 through special legislative action by the states of Missouri and Kansas. A 10 10-member Board of Commissioners, with equal representation from both 11 states, serves as the KCATA’s policy governing body. The bi-state 12 compact allows KCATA to operate transit in both states, although it does 13 not provide for exclusive operation. 14

15 2. KCATA currently operates 70 bus routes that provide approximately 10.1 16

million miles of scheduled transportation service per year within Clay, 17 Jackson and Platte Counties in Missouri and Wyandotte County in Kansas. 18 KCATA currently operates a single bus route in Johnson County, Kansas. 19

20 B. Program Introduction 21

22 1. The Kansas City Area Transportation Authority is seeking interested, 23

qualified vendors to provide ADA complementary paratransit service and 24 non-ADA paratransit service in the KCATA area. The paratransit services 25 will be structured to comply with Federal Transit Administration (FTA) 26 reporting requirements; comply with FTA drug and alcohol testing 27 program requirements; and meet all ADA and other statutory 28 requirements. 29

30 2. The Share-A-Fare Program (SAF) is an umbrella name for several 31

different programs: Non ADA, ADA, and Swing Shift. 32 33

3. Depending on an individual’s circumstances and travel needs, a person 34 may be enrolled and travel in more than one program. KCATA currently 35 manages the Call Center functions (taking trip reservations and 36 cancellations) of SAF, and contracts with two providers for scheduling, 37 dispatch and service deliveries. The service area in this contract is the 38 Kansas City metropolitan area. This area includes Clay, Platte and 39 Jackson counties in Missouri, and Wyandotte and Johnson Counties in 40 Kansas. 41

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3.2 RFP Objectives 1 2 A. This RFP identifies minimum requirements and respondents should feel free to 3

suggest alternate provisions that exceed the minimum specified requirements 4 wherever appropriate. 5

6 B. Through this RFP, KCATA intends to restructure certain aspects of the program. 7

For example, proposers are required to provide all revenue vehicles. Also, 8 KCATA is prepared to alter its current approach and provide services through the 9 coordinated efforts of its Call Center and one provider instead of multiple 10 providers. KCATA encourages Proposers to partner with other service providers 11 to provide the requested services. 12

13 C. In addition, KCATA hopes to obtain the best service for its customers and the 14

best value for KCATA. Therefore, KCATA is asking proposers to submit 15 proposals on two different costing methods: 1) on a monthly fixed cost plus 16 vehicle hour basis and 2) on a passenger mile basis. KCATA will not eliminate a 17 proposal from consideration because the proposer has chosen to submit a cost 18 proposal using only one of the costing methods. 19

20 D. KCATA has exceeded its annual DBE goal for several consecutive years. In such 21

instances, the Federal Transit Administration prohibits the Authority from setting 22 specific race conscious goals on federally funded projects (ref. 49 CFR Part 26). 23 Therefore, a specific DBE goal has not been assigned to this project. KCATA’s 24 current overall goal is that 13 percent of all DOT funds expended in DOT-assisted 25 contracts will be let to certified DBE firms. DBE firms are invited to participate 26 as a primary proposer or as a partner with another firm. 27

28 E. Proposers are encouraged to afford DBE firms the opportunity to participate as 29

partners or subcontractors. Proposals may include subcontracting of direct 30 operations and other support services, which may include leasing or cleaning of 31 facilities, leasing required equipment, standard administrative services (e.g., 32 payroll processing), training, or the performance of required vehicle maintenance 33 to name a few. Subcontracted services must be approved by KCATA prior to 34 contract award. 35

36 F. KCATA will continually refine the service delivery process to provide the highest 37

possible quality of service. The program will undergo revisions and modifications 38 to operating and administrative requirements as the program is refined. KCATA is 39 looking for firms that will work with the ATA on these improvements. Firms 40 should view this project as a team effort with the Authority and the contractor 41 working together to provide a high quality service, ensure consistent performance, 42 and ensure continuous quality improvement. 43

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3.3 Contract Award 1 2 A. Any contract award made as a result of this RFP will be for either one (1) year or 3

five (5) years. It is anticipated that the start date of any contract awarded will be 4 January 1, 2009. 5

6 B. Providers will be paid monthly based on the costing method used in the successful 7

proposal (see 3.2.C above). Fares and penalties will be deducted from the 8 monthly payments while incentives will be added to the monthly payment. 9 Proposers are asked to submit a cost proposal based on a vehicle-revenue hourly 10 rate and cost proposal based on a per-mile-per trip rate. 11

12 3.4 Scope of Services and Requirements 13

14 A. Types of Paratransit Services Provided 15 16

1. Three types of trips are provided under the SAF Program. These are: 17 18 a. Non-ADA Trip: These trips are for residents of Kansas City, 19

Missouri, who do not qualify for an ADA complementary paratransit 20 service. Kansas City, Missouri residents who are elderly, or those at 21 least 16 years old and chronically ill or functionally disabled qualify 22 for non-ADA transportation. Travel to and from destinations within 23 the Kansas City metropolitan area is permitted. Non-emergency 24 medical transportation trips classified as Medicaid trips are also 25 provided as non-ADA trips. 26

27 b. ADA Trip: These trips are for customers who have a disability that 28

qualifies them for ADA complementary paratransit service under the 29 Americans with Disabilities Act of 1990. There is no residency 30 requirement for these customers. Trips are only provided where and 31 when KCATA Metro bus service is available. There is no age 32 limitation for this type of service. A parent or guardian must 33 accompany children under 13 years old. The parent or guardian 34 travels free of charge. 35

36 c. Swing Shift: Residents of the metropolitan area who work non-37

traditional work shifts and are able to commute by bus for one leg of 38 their work trip, either to or from work, but bus service does not 39 accommodate the other leg of their work trip qualify for the Swing 40 Shift Program. Under this program the leg of the work trip that is not 41 accommodated by bus service is eligible for non-ADA paratransit 42 service. A maximum of five (5) one-way work trips are allowed per 43 week. 44

45 2. When the trip qualifies under the ADA category and a second category, it is 46

automatically classified as an ADA trip (for example, an elderly Kansas 47

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City resident, who is qualified for non-ADA and ADA service and takes a 1 trip where and when fixed-route bus service is available). 2

3 B. Eligibility Process 4

5 Prospective customers must complete an application. KCATA staff determines 6

eligibility for all programs. If deemed qualified for transportation services, the 7 customer is issued an identification card with an identification number. 8

9 C. Trip Statistics 10 11

1. Table 1 below shows the number of total trips provided (Non-ADA, ADA 12 and Swing Shift) in recent years. The numbers shown represent one-way 13 customer-trips provided each calendar year to eligible customers under the 14 program. 15

16 Table 1. Annual Trips Provided 17

Calendar Years 2005-2008 18 19

Year Trips Passenger Miles2005 230,755 1,570,4652006 251,506 1,825,9672007 271,531 2,063,7942008 286,573 (est.) 2,167,000

20 21 D. Projected Growth 22

23 1. Table 2 below shows the projected trips and passenger miles expected for 24

the next five years. These projections assume approximately a 5% growth 25 in ridership demand each year. Proposers should state the number and 26 type of vehicles to be provided to service all trips and to accommodate a 27 20% spare vehicle ratio. 28 29

Table 2. Projected Annual Paratransit Ridership 30 31

Trips Passenger

Time Period Non-ADA and ADA

Swing Shift Total Miles

Year 1 (1/1/09 – 12/31/09) 281,344 19,558 300,902 2,275,350Year 2 (1/1/10 – 12/31/10) 295,410 20,537 315,947 2,389,120Year 3 (1/1/11 – 12/31/11) 310,181 21,563 331,744 2,508,580Year 4 (1/1/12 – 12/31/12) 325,689 22,642 348,331 2,634,000Year 5 (1/1/13 – 12/31/13) 341,974 23,774 365,748 2,765,700

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2. These estimates are provided for general planning purposes only. They do not 1 represent a guaranteed volume of service to contractors by KCATA. In 2 estimating costs, proposers should be prepared to accommodate demand at the 3 level displayed in Table 2. 4

5 E. Service Area Requirements 6 7

1. ADA service is provided for trips when both origin and destination are 8 within ¾ of a mile of a fixed bus route and includes areas within the cities 9 of Kansas City, North Kansas City, Gladstone, Raytown, Lee’s Summit, 10 Independence and Riverside in Missouri; and the cities of Kansas City, 11 Mission, Roeland Park, Leawood, Prairie Village and Overland Park in 12 Kansas. A map of the ADA Paratransit Service area is provided in 13 Attachment A. KCATA is responsible for defining the ADA service area 14 within the RouteMatch System. 15

16 2. Non-ADA Service is provided to origins and destinations within Kansas 17

City, Missouri as well as to approved destinations within the greater 18 metropolitan area. Eligible customers must be residents of Kansas City, 19 Missouri but are permitted to travel to destinations outside the city as long 20 as they agree to pay the applicable fare. Given the fare structure, very few 21 Non-ADA Paratransit customers make trips of over 15 miles in length. 22

23 3. The contractor will be assigned routes that may include trips in any part of 24

the service area. The contractor is asked to propose service facilities in 25 Kansas City, Missouri where trips are concentrated. 26

27 F. Days and Hours of Operation 28 29

Both ADA and Non-ADA services (including Swing Shift) are provided 7 days a 30 week, 365 days a year. ADA service is provided Sunday thru Saturday from 4:00 31 AM to 1:00 AM. Non-ADA service is provided Sunday thru Saturday from 6:00 32 AM to 12:00 AM. 33

34 G. Trip Purposes 35

36 Currently, customers – both ADA and Non-ADA (excluding Swing Shift) – may 37 request trips for any purpose and trip requests are accepted, scheduled and 38 provided without any prioritization. 39

40 H. Companions & Attendants 41

42 1. Personal Care Attendants (PCAs) should always be allowed to accompany 43

the eligible ADA customer when requested and when the eligible customer 44 has been certified as “attendant eligible.” ADA customers must reserve 45 space for the PCA. No more than one PCA per customer is permitted. If 46 requested by the eligible customer, at least one companion should also be 47

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accommodated, and will be charged the same rate as the customer. 1 Additional companions may be accommodated on a “space available” basis. 2

3 2. Non-ADA customers (excluding Swing Shift) are eligible to travel with a 4

companion, but must reserve space for the companion. The companion pays 5 twice the fare of the Non-ADA customer and must be transported to and 6 from the same origin and destination as the customer. 7

8 I. Trip Reservation Policies 9

10 1. ADA, Non-ADA and Swing Shift Services operate on a “next day” 11

advance reservation basis. Trip requests are accepted from 14 days in 12 advance up to 4:45 PM on the day before the day of service. 13

14 2. Same-day trips are also accommodated on a space available basis and 15

when possible without compromising service quality and performance for 16 customers already scheduled. 17

18 3. Standing order/subscription service is also provided for trips made on an 19

ongoing basis at the same time, to and from the same origins and 20 destinations at least three times per week. 21

22 4. Trips are scheduled in “real time” – pick-up times are negotiated with 23

customers and scheduled times are provided at the time of the call to the 24 maximum extent possible. 25

26 5. KCATA currently uses RouteMatch 4.0 software for the SAF program to 27

assist with reservations, scheduling, dispatching, data management, 28 reporting, and overall service management. 29

30 J. Pick-Up and Drop-Off Points and Level of Assistance Provided 31 32

1. Pick-up and Delivery Points: Contractor will provide door-to-door service to 33 the maximum extent possible without “losing control and oversight” of 34 vehicles or other customers. This is defined as assistance to or from the 35 exterior-most door of a residence or designated address. This does not mean 36 interior doors within an apartment complex, large medical facility, or other 37 large facility. Drivers should not go beyond the threshold of the exterior-38 most door and KCATA will not accept responsibility for services rendered 39 beyond this point. 40

41 2. If the customer requires assistance beyond the exterior-most door, it is the 42

customer’s responsibility to have either a Personal Care Attendant (PCA) or 43 companion travel with him/her or arrange to have someone other than the 44 driver assist him/her at the origin/destination. 45

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3. Drivers are to provide customers appropriate assistance in boarding and 1 disembarking vehicles, including using the wheelchair lifts and ramps. 2 Drivers should also assist with mobility aid securement and with 3 passenger restraint systems as appropriate. 4

5 4. Customers are allowed up to five (5) grocery bags or two (2) regular sized 6

laundry baskets. The driver must assist the customer with these items to the 7 exterior door of the customer’s destination, at no charge. Additional 8 bags/laundry baskets should be assessed a charge of $1.00 each. 9

10 K. Customer Fares 11

12 1. Customer fares are based on factors including trip type, trip distance and 13

location, assistance needed, and whether there are attendants and/or 14 companions. Fares are automatically calculated by the RouteMatch system 15 using information entered by reservationists and customers are informed of 16 the fare when trips are booked. Fares are displayed on the run manifests. 17 The contractor is responsible for collecting the fares indicated for each 18 customer. Fares that are collected are deducted from provider billings. 19

20 2. Fares must be paid only in cash. The current fare structure is as follows: 21

22 ADA Trips: 23 24 Area Fare 25 26 To/From Independence, MO $ 2.40 27 To/From Kansas City, KS $ 2.00 28 To/From Gladstone, MO $ 2.00 29 To/From North Kansas City, MO $ 2.00 30 Intra-Jurisdictional - KCMO: $ 2.00 31 Raytown, MO $ 2.00 32 Riverside, MO $ 2.00 33 34 Personal Care Attendant No Charge 35 36 Companion Same as Customer 37 38 Non-ADA Trips: 39 40 Trip Length Fare 41 42

0 to 3.00 Miles $ 2.50 43 3.01 to 6.00 Miles $ 4.00 44 6.01 to 9.00 Miles $ 5.50 45 9.01 to 12.00 Miles $ 7.00 46 12.01 to 15.00 Miles $10.00 47 15.01 Miles and Over $10.00 plus $1.50/mile over 48

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Companion Twice the Customer Fare 1 2 Non-Work, Non-Medical Trip $2.00 Added to Above Fare 3 Premium: 4 5 Swing Shift Trips: $2.50 6 7 Medicaid NEMT (Non-Emergency No Fare 8 Medical Transportation) 9

10 L. Customer Identification 11 12 Upon arriving to pick up the customer(s), the driver is required to check the 13

customer's I.D. card (issued by KCATA) to ensure that the customer number 14 matches the I.D. number on the manifest. 15

16 M. Wheelchair Securement and Use of Seat Belts 17 18

For safety purposes, drivers must ensure that all customers and mobility aids are 19 secured inside the vehicle. Each passenger seat must be equipped with a seat belt 20 and each wheelchair securement position must be equipped with a securement 21 device meeting ADA standards, a seat belt and a shoulder harness. All mobility 22 aids located in the wheelchair securement area must be secured using the system 23 provided. All customers must wear the provided seat belt. If a customer refuses 24 to comply with the seat belt policy, the driver will notify dispatch and will not 25 move the vehicle until the situation has been appropriately resolved. Customers 26 who use wheelchairs should be offered the use of the shoulder harness but have 27 the right to refuse its use if other customers on the vehicle are not required to use 28 a shoulder harness. 29

30 N. Scooters 31 32

Customers who use three-wheeled scooters should be strongly encouraged to 33 transfer to a customer seat but cannot be required to transfer. Drivers are 34 expected to help in the transfer if the transfer can be made without lifting or 35 carrying the customer. 36 37

O. Child Seats 38 39 State law requires all children three (3) years of age and under to have a child seat 40

and/or restraint. Children under three (3) years of age will be in a child restraint 41 furnished by the parent/guardian when riding as a companion of a SAF customer, or 42 when the child is the ADA-eligible participant. 43

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P. Display Fares 1 2

All vehicles should display in full customer view a schedule of fares provided by 3 KCATA. 4

5 Q. Will Call Returns 6 7

For medical trips only, if customers are unable to estimate a return trip pick-up time, 8 the return trip is entered into the system as a "will call return.” For all other trip 9 purposes, customers must specify a requested return trip pick-up time. For will-call 10 return trips, the return trip pick-up time will be left open in the system and the 11 customer will be instructed to call the Call Center when they are ready to be picked-12 up. Customers will also be informed of the will-call return service policy when a 13 trip is booked so they are aware of the potential wait/response time. Will-call return 14 trip pick-ups should be made within sixty (60) minutes of receiving notification from 15 KCATA that the customer is ready to be picked-up. 16

17 P. Add-Ons 18 19

It is KCATA’s practice to accept "add-on” trip requests when there is time and space 20 to accommodate these requests and when doing so will not cause the service 21 provided to customers already booked in the system to receive a level of service 22 below that set by service standards. Add-Ons are defined as an unscheduled trip to 23 remedy a missed trip that was previously scheduled. 24

25 S. Refusing Service 26

27 The contractor should not refuse service to eligible customers making eligible trips 28 except when the location is inaccessible or the customer’s behavior is violent, 29 illegal, or seriously disruptive. Dispatchers must take appropriate actions to handle 30 these situations when they arise. Provider’s staff should bring inaccessible locations 31 to the attention of KCATA’s Director of ADA Compliance and Customer Relations 32 who will assess the location and make a final determination about future service to 33 that site. Incidents of violent, illegal or seriously disruptive customer behavior 34 should immediately be brought to the attention of KCATA’s Director of ADA 35 Compliance and Customer Relations. KCATA will investigate the incident and 36 determine the course of action. 37

38 T. Vehicle Wait Time 39 40

Drivers must always wait at least five (5) minutes within the defined “pick-up 41 window”. Drivers must not leave a pick-up point without the customer and mark a 42 customer as a no-show without first notifying dispatch and being instructed by 43 dispatch to depart. In some cases, the run manifest may indicate that customers 44 require additional vehicle wait time. When this is indicated, drivers must wait the 45 length of time noted on the run manifest. 46

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3.5 KCATA Responsibilities 1 2

A. Establish operating and maintenance requirements for the contractor; 3 4 B. Provide continuing short and long range service planning; 5

6 C. Develop and implement policies and standards on issues related to KCATA’s 7

paratransit services, including, but not limited to, service area, vehicle hours, 8 fares, and eligibility; 9

10 D. Enter certified customer information into the RouteMatch system and maintain an 11

up-to-date database of eligible customers; 12 13

E. Determine trip eligibility and enter this information into the RouteMatch System; 14 15

F. Review rider no-shows and late cancellations and implement any suspensions of 16 service; 17

18 G. Review service incidents involving customers and determine any conditions or 19

suspensions of service to be imposed; 20 21

H. Carry out marketing activities; 22 23

I. Review unscheduled trips and “overflow” runs to determine if additional vehicle-24 hours are needed to meet all trip requests; 25

26 J. Review the run structure and vehicle productivity to ensure that resources are 27

used efficiently before additional vehicle-hours are authorized; 28 29

K. Develop and maintain parameters for the deployment, scheduling and manifest 30 development of paratransit services in cooperation with the contractor; 31

32 L. Provide funding to support the authorized level of service capacity; 33

34 M. Furnish the provider with sufficient licensed copies of the RouteMatch software 35

system to allow for efficient service operation; 36 37

N. Purchase annual support and maintenance services for the scheduling software; 38 39

O. Purchase periodic technical services from RouteMatch to evaluate and refine 40 parameter settings within the RouteMatch system; 41

42 P. Manage customer service functions, including: handling all customer comments 43

and complaints, investigating complaints; tracking and resolving complaints; 44 45

Q. Inspect and approve any vehicles added to the service; 46 47

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R. Monitor the overall performance of the provider; 1 2

S. Administer and monitor the contract, and inspect and monitor performance of the 3 contractor; 4

5 T. Audit the contractor’s records; 6

7 U. Investigate unsafe practices; 8

9 V. Determine compliance with contractual requirements; and 10

11 W. Final determination of on-time performance. 12

13 3.6 Contractor Responsibilities and Requirements 14

15 A. Provide a full-time On-Site Project Manager to oversee the operation and be 16

responsible for managing all aspects of the contractor’s performance and 17 responsibilities; 18

19 B. Provide a clean and secure facility to house staff and vehicles; 20

21 C. Obtain and license vehicles as needed; 22

23 D. Meet all operations, equipment and maintenance requirements specified in the 24

RFP; 25 26

E. Meet employee hiring, retention and training standards specified in the RFP; 27 28

F. Communicate daily with the KCATA Call Center regarding current and projected 29 vehicle and driver availability and expected demand and number of runs for 30 upcoming days; 31

32 G. Review run manifests transmitted from KCATA for feasibility and request 33

changes to optimize service as appropriate; 34 35

H. Supervise the check-in and check-out of drivers and provide drivers with 36 paperwork and run manifests; 37

38 I. Supervise the assignment of vehicles to drivers and the pull-out and pull-in of 39

vehicles; 40 41

J. Provide on-street road supervision and assistance as needed; 42 43

K. Collect paperwork from drivers at the end of each run and check for completeness 44 and accuracy; and perform post trip validation in the RouteMatch system to 45 expedite the invoicing process. 46

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L. Provide a secure system for collecting and accounting for customer fares and 1 tabulating the amount of fares that should have been collected and the actual 2 amounts collected for each run; 3

4 M. Report immediately to KCATA any accidents, other non-routine event or 5

operational deviation that results or may result in serious consequences to the 6 contractor, to KCATA, to customers or to the general public; 7

8 N. Respond to and investigate any driver or operations issues noted by KCATA staff 9

and take actions as appropriate; 10 11

O. Investigate any customer comments or complaints forwarded by KCATA and 12 implement corrective actions required by KCATA; 13

14 P. Implement and maintain a drug and alcohol testing program and drug-free 15

workplace program; 16 17

Q. Attend regularly scheduled and special meetings with KCATA staff at the request 18 of KCATA; 19

20 R. Assist KCATA in developing improvements to the paratransit system; 21

22 S. Respond promptly and precisely to the KCATA staffs’ requests for information 23

and submit operating, financial, and performance reports and invoices in a timely 24 manner; 25

26 T. Provide appropriate computer hardware and modem to interface with the KCATA 27

host computer system and to operate the dispatch software provided by and used 28 by KCATA; 29

30 U. Provide maintenance and upkeep of all KCATA provided or required computer 31

hardware and software; and 32 33

V. Maximize productivity of paratransit service resources consistent with KCATA 34 direction and ADA regulations and guidelines. 35

36 3.7 Complaints 37 38 A complaint is defined as any written or verbal communication provided to contractor or 39

KCATA which adversely reflects on the contractor’s operation of services. KCATA is 40 responsible for taking complaints and coordinating with the contractor to ensure expeditious 41 investigation and resolution of complaints. The contractor should notify customers who 42 wish to file complaints directly with the contractor that their complaints should be filed with 43 KCATA. In addition, the contractor must promptly provide KCATA with the details and 44 specifics of all complaints received directly by the contractor. 45

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3.8 Accidents/Incidents 1 2 In the event of any accident or incident involving a SAF customer, KCATA must be notified 3

immediately. Contractor must follow the accident and injury reporting procedures 4 established by KCATA. 5

6 3.9 Customer and Public Communications 7 8 A. KCATA is responsible for all media contacts, marketing SAF and preparing any 9

public information regarding SAF. 10 11 B. The contractor shall not communicate with the print, television, radio, electronic or 12

any other type of media about any aspect of KCATA’s paratransit system without 13 prior, express written approval of KCATA. All inquiries from the press, agencies, 14 entities, groups and the public are to be directed to KCATA. Failure to comply with 15 this requirement may result in the removal of the culpable individual(s) from the 16 project. 17

18 3.10 Development of Routes 19

20 A. KCATA will work with selected provider to develop an initial run design that can 21

be effectively implemented. This run structure will be used by the Call Center in 22 the trip booking and scheduling process. 23

24 B. Final run manifests will be completed and transmitted to the provider by 5:00 PM 25

on the evening before each day of service. The provider should review assigned 26 runs and make preparations for driver and vehicle coverage. Runs should also be 27 reviewed by the provider for “workability” and adjustments may be requested by 28 KCATA up to 6:00 PM each day. Any changes to the original run manifests are 29 made at the sole discretion of the KCATA. 30

31 3.11 Facility 32

33 A. The provider must provide a facility suitable for the operation of the service, safe 34

storage of all vehicles, and maintenance of vehicles. The facility should be 35 located within the Kansas City, Missouri area. All furnishings, equipment and 36 supplies will be the responsibility of the provider. Proposers must identify the 37 facility and provide diagrams of the actual or planned layout of the facility. 38

39 B. Proposers who have not selected a facility to be used for this program must 40

submit candidate sites that are being considered. 41 42 3.12 Office Equipment 43

44 A. The contractor is required to install a telephone system that will provide reliable 45

communications without busy signals or holds with the Call Center staff. 46 47

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B. The contractor will provide all computer hardware, copiers, fax machines and 1 other equipment necessary to facilitate the operation and maintenance services for 2 this equipment. This includes a desktop computer for the Project Manager, a 3 copier, a laser printer, and a fax machine. The computer shall be state-of-the art 4 and capable of interfacing with the KCATA’s server to receive and quickly 5 download run manifests. 6

7 3.13 Vehicles & Vehicle Maintenance 8 9

A. The contractor is responsible for providing vehicles that will meet all Federal 10 Motor Vehicle Safety Standards, State of Missouri and State of Kansas 11 requirements and standards. The contractor will furnish vehicles dedicated to the 12 transportation of customers to be provided for under this contract. 13

14 B. A mixed fleet of vehicles is allowed, however vehicles provided to transport 15

wheelchair equipped customers must meet all ADA design standards, FMVSS 16 and NHTSA standards, and other applicable industry standards. The preferred 17 wheelchair vehicle is a body-on-chassis minibus with a minimum interior width at 18 shoulder height of 85 inches, minimum interior headroom of 73 inches, and 19 maximum overall height of 118 inches. The proposer must provide specific 20 vehicle details, including fleet mix, in their proposal. 21

22 C. The fleet of vans and/or sedans should not exceed an average age of three (3) 23

years or 180,000 miles. The fleet of mini buses should not exceed an average age 24 of five (5) years or 300,000 miles. 25

26 D. A separate file must be maintained for each vehicle, which includes a complete 27

maintenance and repair history, and inspection and licensing documentation. 28 29

E. Vehicles will be maintained in accordance with a KCATA approved maintenance 30 plan submitted by the contractor. Vehicles will be maintained in a manner that 31 will allow for the safe transportation of customers. 32

33 F. KCATA or its designee may inspect, unannounced or announced, the vehicles at 34

any time either at the contractor’s location, or while the vehicle is in service. If, 35 in the opinion of KCATA, a vehicle does not meet KCATA safety standards, it 36 may be "red tagged." A vehicle that has been "red tagged" must not go into 37 service and/or must be immediately removed from service. A "red tagged" 38 vehicle may not be released for service until such time as the problems associated 39 with it have been rectified by the contractor and verified by KCATA. 40

41 G. The contractor is responsible for having an adequate number of vehicles to meet 42

peak-hour pullout requirements plus an adequate number of available spares for 43 same-day service needs. At least four (4) spare vehicles for every twenty (20) 44 peak-hour runs shall be available for service (i.e., not undergoing maintenance or 45 repair) from the total pool of spares. 46

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3.14 Vehicle Markings 1 2

Vehicle markings required by KCATA are subject to negotiation before the proposal 3 award. The provider must meet state and federal regulations regarding vehicle markings. 4 Any required changes to existing vehicle paint schemes or markings shall be the 5 responsibility of KCATA. 6

7 3.15 Vehicle Operations 8 9

A. The contractor’s staff will review all run manifests when they are transmitted 10 from KCATA (by 5:00 PM each day). Provider must notify the Call Center 11 scheduling staff of any issues regarding run assignments or run structures no later 12 than 6:00 PM each day and shall request appropriate changes. 13

14 B. The contractor will maintain an adequate pool of drivers and scheduled extra 15

board drivers to ensure that all scheduled runs are covered and pullout on time. 16 17 C. The contractor will provide staff to manage the driver check-in and check-out 18

process and the assignment of vehicles and runs. 19 20 D. Drivers will be required to review run manifests and ask for any clarifications or 21

raise any issues should there be questions about the way the run should be 22 performed. 23

24 E. Drivers will be thoroughly trained to understand the differences between times 25

promised/negotiated with customers, the on-time pick-up window around these 26 negotiated times, and final scheduled times/estimated arrival times generated by 27 schedulers and the software system. 28

29 F. Drivers will be thoroughly trained to understand the vehicle wait time policy and 30

no-show procedures. 31 32 G. Drivers will be instructed to wait “around the corner” should they arrive early 33

(before the scheduled time to transport) and to never pressure customers to leave 34 earlier than the scheduled times. Drivers may request early call-outs from 35 dispatch should this be appropriate. 36

37 H. Automatic Vehicle Locators/Mobile Data Computers (AVLs/MDCs) will be used 38

in all dedicated vehicles to allow real-time recording and trip data transmission 39 and vehicle location. The AVL/MDC must be compatible with KCATA’s 40 technology. As part of its technical proposal, the contractor should identify and 41 describe the proposed MDC coupled with AVL technology equipment (model 42 number, manufacturer specifications or other technical data). Proposer should 43 also describe how they will enforce the use of AVLs/MDCs to include reporting 44 requirements and the process to be followed in the event of failure of an MDC 45 device. 46

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3.16 Fare Collection 1 2

A. The contractor will collect fares as set by KCATA and as indicated on the run 3 manifests provided by KCATA staff. The contractor will provide a secure 4 method of collecting fares and account for the same. The total fares scheduled to 5 be collected, as well as the actual fares collected, will be noted on the trip 6 summary sheets attached to each completed run manifest. 7

8 B. Drivers will not make change. The contractor will not solicit or accept tips or 9

gifts of any kind. 10 11

3.17 Inclement Weather 12 13

A. Drivers should keep KCATA informed of driving conditions and provide 14 information requested by the dispatchers for making decisions regarding possible 15 service cancellations due to inclement weather. KCATA will make decisions 16 regarding any service cancellations due to inclement weather. If service is 17 cancelled prior to the start of the service day, KCATA will notify the contractor. 18 The provider will not be reimbursed for vehicle-revenue-hours cancelled in 19 advance due to inclement weather. 20

21 B. If service is suspended during the operating day due to inclement weather, the 22

provider will be reimbursed for the full scheduled time of all runs in progress. 23 24 3.18 Staffing Requirements 25 26

A. The contractor will provide the necessary management and administrative 27 personnel whose expertise will ensure efficient operation of all paratransit 28 services. KCATA recognizes that a high quality operation begins with key 29 personnel. A minimum level of required staffing and staff qualifications is 30 described below. Proposers should consider and include additional staffing or 31 qualifications, which they feel is necessary. 32

33 B. The contractor will be solely responsible for the satisfactory work performance of 34

all its employees. A criminal background check must be performed on each 35 employee. The contractor is solely responsible for payment of all employee and 36 subcontractor wages and benefits. Without any additional expense to KCATA, 37 the contractor will comply with the requirements of employee liability, Worker’s 38 Compensation, employment insurance, Social Security, drug and alcohol testing 39 and all other applicable local, state and federal laws. KCATA will have the right 40 to demand removal from the project, for reasonable cause, of any of contractor’s 41 personnel. The contractor must not, absent prior written notice to KCATA, 42 remove or reassign the key management personnel identified in its proposal (e.g., 43 Project Manager or any other key position) at any time before or after execution 44 of the contract. 45

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C. The contractor will also be responsible for ensuring that all personnel of its 1 subcontractors meet the pre-hire qualifications and post-hire training requirements 2 set forth in this RFP. The contractor must maintain individual files for each 3 employee to include but not be limited to documentation of required 4 qualifications and training. 5

6 1. On-Site Project Manager 7 8

a. The On-Site Project Manager (PM) will be the person in charge of 9 overall management and supervision of all staff and full 10 compliance with the terms of the contract. The PM must maintain 11 consistent and sufficient contact and communications with 12 KCATA’s Director of ADA Compliance and Customer Relations 13 to ensure a smooth operation of services. 14

15 b. The PM must have a minimum of five years supervisory 16

experience in paratransit operations. The PM must spend 100% of 17 their time assigned to this KCATA project and must be on-site 18 full-time. 19

20 c. The PM will demonstrate, by decision and action, competency in 21

all aspects of KCATA’s paratransit service. The PM will function 22 as line supervisor of all project staff and manage accounts and 23 operating records for the KCATA service. 24

25 d. The PM must be identified and a detailed resume furnished in the 26

respondent’s technical proposal. This person shall be available to 27 be interviewed by the selection committee. If the proposer has not 28 selected a PM, resumes of likely candidates must be submitted. 29 The proposer must also submit a resume of the corporate manager 30 proposed for this project to whom the PM will report. 31

32 2. Supervisory Staff 33

34 a. The contractor must ensure that supervisory staff is on duty prior 35

to the start of the service day and at all times that drivers are on-36 the-road. The supervisory staff will be responsible for: 37

38 • Front-line supervision of drivers; 39 • Signing drivers in and out; 40 • Assigning vehicles to drivers; 41 • Assigning and reviewing runs with drivers; 42 • Reviewing runs received from the Call Center and 43

communicating any issues or needed changes to the Call 44 Center; 45

• Reviewing paperwork received from drivers for 46 completeness and accuracy; 47

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• Managing the secure fare collection process; 1 • Coordinating the preparation and submittal of all incident 2

reports, accident reports or other required paperwork; 3 • Investigating customer comments or complaints forwarded 4

by KCATA; 5 • Investigating any other matters forwarded by KCATA; 6 • Coordinating any road calls or vehicle trade-outs required; 7

and 8 • Overseeing and coordinating vehicle inspection and 9

maintenance activities (if separate on-site maintenance 10 supervisory staff is not employed). 11

12 b. Adequate supervisory staffing must be provided throughout the 13

service day commensurate with the number of runs in service at 14 any given time. The PM may be used to help fulfill some 15 supervisory duties as long as the assumption of that role does not 16 detract from other overall management duties or required meetings 17 with KCATA. 18

19 c. Supervisory staff shall have a minimum of two (2) years of driver 20

supervision in a paratransit or similar operations setting. 21 22

3. Maintenance Staff. If the contractor elects to perform some or all 23 maintenance in-house, they shall provide adequate staff to meet the 24 vehicle maintenance requirements as detailed in this RFP. 25

26 4. Trainer. The contractor must have the capability, either through 27

subcontracting or in-house staff to train drivers. Trainer(s) used or 28 employed must be fully licensed and certified to conduct the classroom 29 training, behind-the-wheel training, and refresher training of paratransit 30 drivers and must have a minimum of one (1) year experience providing 31 such training in similar paratransit systems. 32

33 5. Road Supervisor 34

35 a. The contractor must provide road supervision staff in sufficient 36

number to ensure road supervision at all times when vehicles are in 37 customer service. Road Supervisors must satisfy the driver 38 requirements specified below and have a minimum of one (1) year 39 experience as a driver in similar paratransit services. 40

41 b. Cross-training of office staff is encouraged to provide maximum 42

operating flexibility. At times when a relatively small number of 43 vehicles is in operation, contractor may also have individuals who 44 meet requirements of several positions (e.g., Trainers, Road 45 Supervisors, In-Office Supervisory Staff, On-Site Project 46 Manager) so long as having multiple responsibilities does not 47

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interfere with meeting the duties of each function. Proposers 1 should carefully explain in their Technical Proposals how each of 2 these areas will be staffed during all days and hours of operation 3 over the term of the contract. 4

5 6. Drivers 6 7 a. Minimum requirements for drivers are to: 8

9 • Pass a full pre-employment physical examination certifying 10

that they are physically capable to do the job. 11 12 • Pass a pre-employment drug and alcohol test; 13 14 • Have no felony offenses; 15

16 • Have a valid drivers’ license to provide this type of service; 17

and when operating a vehicle weighing more than 26,000 18 pounds or originally designed to carry 16 customers or 19 more (including the driver), possess a valid commercial 20 driver’s license (CDL) with a PB endorsement. 21

22 • Be at least 21 years of age; 23 24 • Be a licensed driver for a minimum of three (3) years; 25 26 • Be able to speak and understand English (a second 27

language skill in Spanish is considered a plus) 28 29 • Possess a safe driving record; 30 31 • Have received no more than two moving violations for 32

each year of the last three (3) years prior to application for 33 this program. 34

35 • Have three full subsequent years with no violations, if 36

license has ever been revoked. 37 38 b. The contractor shall provide signed affidavits to KCATA staff that 39

these requirements have been met by each driver. As new drivers 40 are hired, the contractor shall immediately provide affidavits on the 41 new drivers. KCATA reserves the right to have open access to all 42 employment files of the contractor’s drivers, and may be subject to 43 quarterly audits, to verify that minimum requirements are being 44 met. The contractor will obtain a driving record from the State 45 Motor Vehicle Department every 6 months for each driver for the 46 duration of the contract. 47

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1 3.19 Driver Tools 2 3

Provider will provide all necessary operating equipment for the drivers and office 4 personnel. Driver equipment will include, but not be limited to, a current street guide of 5 the operating area, manifests (trip sheets), clipboards, and pens. Drivers are also required 6 to be equipped with an operable and accurate timepiece at all times plus 7

8 • Two-way radio communications with Contractor base station 9 • Fire extinguisher, U.L. approved, appropriate for size and type of vehicle 10 • First aid kit (approved for capacity of vehicle) 11 • Sterile gloves and Mouth to Mouth Barriers 12 • Set of triangle reflectors or other similar warning device 13 • Flashlight 14 • Chains or other traction devices (seasonal) 15

16 3.20 Staffing Policies 17 18

A. Availability of Key Staff and Vacancy of Key Positions 19 20

The phone numbers of the Project Manager and the key supervisory staff person 21 must be made available to KCATA so that, in the event of an after-hours emergency, 22 they can be contacted on a 24-hour basis. The contractor shall respond in person to 23 any emergency or accident as requested by KCATA during or after the operational 24 hours of the system. 25

26 B. Driver Turnover 27

KCATA recognizes the expense and negative effect of driver turnover. 28 Therefore, the contractor must demonstrate in its technical proposal that it has an 29 acceptable recruitment and hiring program to minimize driver turnover and retain 30 a high quality driver work force. The contractor must offer a reasonable wage and 31 compensation package, coupled with a supportive work environment. Proposed 32 driver wages and benefits over the term of the contract must be detailed in the 33 cost proposal. 34

35 C. Dress and Appearance Standard 36

37 1. The contractor will supply a uniform to be worn by all drivers when 38

operating a vehicle in KCATA service, which will convey a professional 39 image similar to that of KCATA fixed route drivers. The selected uniform 40 will be of like quality to those worn by KCATA’s fixed route drivers. The 41 contractor must submit a sample uniform for KCATA’s approval prior to 42 start of contract. The following list is the suggested uniform issue for a 43 full-time driver: 44

45 Uniform Item Quantity 46

RFP #08-7006-30 28

1 Uniform shirt (dress shirt or knit 5 2 polo with contractor logo) 3 4

Trousers/slacks (black or khaki) 3 5 6

Jacket (with contractor logo 1 7 and SAF identifier) 8

9 2. It is the contractor’s responsibility to see that driver’s uniforms remain in 10

good condition. Uniforms that are not in good repair must be replaced at 11 the contractor’s expense. 12

13 3. Drivers are required to meet the following grooming and appearance 14

standards: 15

• Uniforms are to be neat, clean and pressed, and in good condition 16 and proper fitting. All shirts/blouses must be tucked in and only 17 the top button may be left unbuttoned; 18

• Beards and hair must be clean and neatly trimmed; 19

• Black shoes or boots, leather or synthetic leather, soft or hard sole, 20 must cover the foot completely and be in good repair, polished and 21 cleaned; and 22

4. Uniforms are to be worn only when providing service for KCATA and are 23 not to be worn at any other time. 24

5. Proper identification that clearly identifies the driver as an authorized 25 representative shall be visible at all times. 26

27 D. Personnel Policies 28

1. The contractor must have in effect personnel policies that conform to all 29 state and federal laws including, but not limited to, all regulations 30 concerning Equal Employment Opportunities, FTA Drug and Alcohol 31 Regulations, DOT, Worker’s Compensation and other regulations as 32 appropriate. 33

34 2. When providing KCATA service, employees may not have weapons in 35

their possession or on vehicles operated for KCATA services. The 36 contractor must comply with KCATA’s Prohibited Weapons Policy for 37 vehicles and personnel while operating KCATA services. 38

39 3. Purchasing or consuming illegal substances or alcoholic beverages while 40

in uniform is not allowed. It is the contractor’s responsibility to terminate 41 any employee observed doing so. Policies for addressing such incidents 42 must be included in the provider’s Drug and Alcohol Policies as required 43

RFP #08-7006-30 29

by the FTA and in compliance with the FTA Drug and Alcohol 1 Regulations. 2

3 4. KCATA promotes and supports a smoke free work environment. No 4

smoking is allowed in vehicles used to provide KCATA service or within 5 the facilities used for KCATA services. 6

7 5. KCATA retains the right to review the provider’s personnel policies and 8

list of personnel assigned to KCATA’s contract. Proposed changes in job 9 duties are subject to review and approval by KCATA. 10

11 E. Etiquette 12 13

Drivers are expected to use tact, respect, courtesy and patience in dealing with 14 customers. Drivers are expected to keep confidential any information they may 15 have about the customer except as needed to perform the work related to his or 16 her position. Drivers may report medical information to authorized medical 17 assistance personnel who report to the scene of an accident or to the scene of a 18 medical emergency. 19 20

F. Driver Feedback 21 22

Since drivers are the first line out in the field, driver feedback about schedules, 23 customer needs, vehicle maintenance and working conditions is imperative to 24 assist the KCATA in meeting its overall mission. The contractor must have on-25 going mechanisms, including regular driver meetings, to request and obtain driver 26 feedback. The contractor will share this feedback with KCATA and the Call 27 Center at regular project meetings. KCATA and Call Center staff will be allowed 28 to participate in monthly driver meetings. 29 30

3.21 Training and Safety Programs 31 32 A. Training Requirements 33 34

1. Management and Supervisory Staff. Management and supervisory staff 35 must be thoroughly trained in KCATA paratransit service policies and 36 procedures, use of hardware and software appropriate to the job, and 37 quality customer service. 38

39 2. Vehicle Operator Training 40

41 a. The contractor is responsible for all training of drivers. 42

43 b. Evaluation of driving skills must be conducted annually and after 44

any accident. 45 46

B. Training Standards 47

RFP #08-7006-30 30

1 1. The contractor will notify KCATA staff at least 48 hours in advance of 2

scheduled training classes. Training should emphasize paratransit service 3 which: 4

5 • Is safe and reliable; 6 • Will maximize customer service; and 7 • Will maximize productivity. 8

9 2. The driver training course must, at a minimum, provide 56 hours of 10

classroom instruction and 20 hours of on-the-road training to include: 11 12

• A review of applicable laws and regulations. 13 14 • KCATA paratransit service requirements and policy and 15

administrative procedures. 16 17 • Vehicle orientation - pre and post trip inspections. 18

• Safe vehicle operations. 19

• Sensitivity Training - Minimum six (6) hours classroom and two 20 (2) hours “hands-on” (including respectful language, customer 21 assistance, working with customers with various types of 22 disabilities, driving techniques, special considerations, loading, tie-23 down training and role-playing). This training will include 24 empathy training which will give drivers experience first-hand 25 what customers experience when using the service (e.g., riding up 26 and down on a lift, entering and exiting a vehicle blindfolded, etc.). 27 The sensitivity training will also involve individuals with 28 disabilities talking about their particular needs when traveling on 29 the paratransit service. 30

• Lift/wheelchair tie-down techniques and procedures for the 31 transport of customers with wheelchairs and other mobility 32 devices. 33

• Operation of radio equipment in accordance with federal, state and 34 local regulations. 35

• Four (4) hours of hands-on training using the radio and 36 AVLs/MDCs. 37

• A minimum of four (4) hours of customer service training. 38

• Accidents and emergencies – avoiding accidents and emergencies, 39 and completing accident reports. 40

• First aid training, including cardiopulmonary resuscitation (CPR). 41

• Dealing with blood-borne pathogens and air-borne pathogens. 42

RFP #08-7006-30 31

• Fare collection and trip classification and counting. 1

• A minimum of four (4) hours of orientation to the service area and 2 street network. 3

• A minimum of four (4) hours of schedule reading, route planning 4 and run completion. 5

• Twenty (20) hours of behind-the-wheel defensive and safe driving 6 training in all types of vehicles to be operated under this contract. 7

• Substance abuse management and program compliance. 8 9 • Refresher training as needed. 10

11 C. Incentive and Safety Programs 12

13 1. A copy of the contractor’s Policy/Procedure Manual must be provided to 14

KCATA at least 60 days prior to the start of service. The proposer should 15 fully describe its training programs in the technical proposal. 16

17 2. The provider must implement an incentive and safety program. 18

19 3.22 Performance Goals 20 21

A. The indices below describe performance goals for the contractor. Failure to meet 22 the mandatory performance goals may result in liquidated damages for any month 23 where goals are not met. The goals are intended to be reasonably attainable by 24 the contractor, fair to the customers, and consistent with expectations that the 25 contractor will always perform at its highest level. 26

27 B. The mandatory goal for trip denials is zero denials. Failure to meet the mandatory 28

goal may result in liquidated damages of $500 for any month where the contractor 29 fails to meet the goal of zero denials. 30

31 3.23 Incentive and Disincentives 32

33 A. Incentives and disincentives will be provided in the following categories: 34 35

• On-time performance 36 • Missed trips 37 • Productivity (customer trips per hour) 38 • Total complaints 39 • Safety (customer injuries) 40

41 The monthly incentive if all performance goals are attained is $6,000. Incentives 42

and disincentives will become effective no later than ninety (90) days after the 43 effective start date of the contract. 44

45

RFP #08-7006-30 32

B. On-Time Performance 1 2

1. On-time performance will be measured based on the difference between 3 scheduled pick-up time as reflected on the driver’s manifests and actual 4 pick-up times as recorded on the vehicle’s MDC. The incentive for on-5 time performance will not be paid unless on-time performance is based on 6 documentation provided by the AVL/MDC devices. 7

8 2. Pick-ups will be considered “on-time” if drivers arrive at the pick-up 9

location no more than fifteen (15) minutes before and fifteen (15) minutes 10 after the time negotiated and stated to customers. 11

12 3. Pick-ups will be considered “early” but still on time if made more than 13

fifteen (15) minutes before the time negotiated with the customer. Early 14 trips should be reported to KCATA but should not be included in 15 calculations for on-time performance incentives and disincentives. 16

17 4. In calculating on-time performance, customer “no shows” are counted as 18

“on-time,” and “vehicle no shows” or “missed trips” are counted as “late.” 19 Customer no-shows are not considered to be completed trips. The average 20 on-time performance will be computed by adding the total number of trips 21 measured as described above. To compute the percentage of those trips 22 that arrive within the on-time window, the number of on-time trips will be 23 divided by the total number of completed trips plus missed trips plus 24 customer no-shows. 25

26 5. The contractor may earn an incentive payment of $1,200 if the on-time 27

performance is 95% or greater. If on-time performance is 90% or lower, 28 KCATA will assess a disincentive of $1,200. Where on-time performance 29 is less than 85%, the provider will meet with KCATA staff to confer and 30 develop solutions to improve performance. 31

32 6. On-time performance will be determined solely by the time stamp data 33

captured by the AVL/MDC equipment. The contractor will provide 34 KCATA with this AVL/MDC data in a form specified by KCATA and 35 will not in any way alter or modify the time stamp data. The AVL/MDC 36 data should account for no less than ninety-eight percent (98%) of trips 37 provided by dedicated vehicles. In the event the AVL/MDC data accounts 38 for fewer than 98% of trips, the on-time performance incentive payment 39 will not be paid. 40

41 C. Missed Trips 42 43

1. Missed trips are any trips not performed, (other than a “customer late 44 cancellation” or “customer no-show”), because the contractor did not 45 show or arrived outside the pick-up window and the customer refused the 46 trip or was unavailable to take the trip. An “excessively late trip” will 47

RFP #08-7006-30 33

mean a trip, which arrives more than 30 minutes outside of the scheduled 1 pick-up window, and the customer accepts the trip. 2

3 2. The contractor may be entitled to earn an incentive payment of $1,200 per 4

month if missed trips and/or excessively late trips do not exceed 0.125% 5 of completed trips for the month. If missed trips and/or excessively late 6 trips exceed 0.125% of completed trips for the month, the contractor will 7 be assessed a disincentive of $1,200. Where missed trips and/or 8 excessively late trips are greater than .25%, the contractor will meet with 9 KCATA staff to develop solutions to improve performance. 10

11 D. Productivity (Customer Trips per Hour) 12

13 1. Productivity is a measure of service efficiency based on the percentage of 14

revenue or vehicle hours in which the contractor has completed trips. 15 Productivity will be measured by the total number of customer trips 16 completed per the total number of revenue hours. PCAs, companions, or 17 children under the age of five years old who accompany customers should 18 not be counted as trips for the purpose of measuring productivity. 19

20 2. The contractor may be entitled to earn an incentive payment of $1,200 if 21

productivity is 2.2 one-way trips or greater. If productivity is 1.8 or lower 22 KCATA will assess a disincentive of $1,200. If productivity is less than 23 1.7 trips per hours, the contractor will meet with KCATA staff to confer 24 about the reasons for lower productivity and develop solutions to improve 25 productivity. 26

27 E. Safety: Customer Injuries and Accident Reporting 28 29

1. Customer injuries mean an accident or incident where the customer was 30 injured and required medical attention and was transported to the hospital 31 or medical facility from the scene of the accident. All accidents and 32 incidents associated with the service, regardless of the severity or location, 33 must be immediately reported to dispatch and to KCATA. Written 34 reports, including copies of police reports, must be provided to KCATA 35 within three (3) working days. A police report should be filed for any 36 accidents and also reported to local authorities. 37

38 2. The contractor may be entitled to earn an incentive payment of $1,200 if 39

customer injuries are below 1.0 per 10,000 trips. If customer injuries are 40 greater than 2 per 10,000 trips, KCATA will assess a disincentive of 41 $1,200. Where customer injuries are greater than 3 per 10,000 trips, the 42 contractor will meet with KCATA staff to confer about the reasons for 43 decreased customer safety and solutions to improve performance. 44

45 F. Complaints Against the Contractor 46

47

RFP #08-7006-30 34

1. Complaints against the contractor will include complaints from or on 1 behalf of customers or the general public concerning the contractor under 2 this agreement. They do not include complaints against KCATA policies 3 or complaints about eligibility determinations. Complaints will not be 4 counted if KCATA and the customer demonstrate that they are without 5 merit. 6

7 2. The contractor may be entitled to earn an incentive payment of $1,200 if 8

total customer complaints are below 4 per 1,000 trips completed. If 9 customer complaints are above 6 per 1,000 trips requested KCATA will 10 assess a disincentive of $1,200. Where total complaints exceed 7 per 11 1,000 the contractor will meet with KCATA staff to confer about the 12 reasons for the increased complaints and develop solutions to improve 13 performance. 14

15 16

Table 3. Contract Incentives and Disincentives 17 18

Performance Factors Incentive/

Disincentive Amount

Incentive Goal Disincentive

On-Time Performance $1,200 > 95% 95% < 90% Missed Trips $1,200 .50% 1.0% 1.5% Productivity: Customer Trips Per Hour

$1,200 2.2 trips 2.0 trips 1.8 trips

Customer Injuries/ Accident Reporting $1,200 <1/10,000 trips 2/10,000 trips 3/10,000 trips

Complaints $1,200 4/1,000 trips 5/1,000 trips 6/1,000 trips 19 20

3.24 Quality Control Infractions 21 22 A. Quality control infractions observed by KCATA include but are not limited to: 23

dirty vehicles; non-scheduled stops; non-working seatbelt; unsecured wheelchairs 24 and abuse or discourteous behavior by a driver. 25 26

B. Quality control infractions will become effective no later than ninety (90) days 27 after the effective start date of the contract. Each quality control infraction is 28 assessed a fixed monetary penalty per infraction as follows 29

RFP #08-7006-30 35

Table 4. Quality Control Infractions 1 2

Infraction PenaltyUse of inadequately cleaned vehicle to transport customers $ 25 Soliciting or recruiting new participants into SAF $ 25 Failing to display required SAF decals in vehicle $ 50 Failing to provide a revised list of drivers and vehicles to SAF within one (1) weekday of a change

$ 50

Non-working heater or air conditioner $ 50 Soliciting, promoting or encouraging trip scheduling other than through the SAF Call Center

$ 50

Non-Scheduled stops $ 50 Abusive or discourteous behavior by a driver $ 50 Failing to provide a properly licensed driver with a safe driving record

$100

Failing to report a vehicle or client accident on the day of occurrence or the next business day if the occurrence is after normal office business hours

$100

Non-working seatbelt $100 Unsecured wheelchair $100

3 4 If total monetary penalties for quality control infractions equal or exceed $1000.00 in any 5 month, no incentives earned for the month will be paid by KCATA. 6 7

3.25 Disincentive Exceptions 8 9 Disincentives will not be assessed if the contractor’s performance fails to meet the goals 10 due to extraordinary and/or unanticipated occurrences beyond the control and without the 11 fault or negligence of the contractor. Examples include vehicle recalls, labor strikes, 12 earthquakes, fires and/or floods that result in performance below the stated goals. Traffic 13 congestion or accidents are not acceptable reasons for poor performance. If performance 14 below the baseline results from any KCATA policy, the provider should confer with 15 KCATA on the matter. 16 17

3.26 Data Collection and Reporting 18 19

A. The contractor is required to maintain the following data and submit the 20 following documents to the KCATA as requested: 21

22 1. “Run Pull-Out Logs” will be submitted daily along with completed run 23

manifests. 24 25 2. Completed “Run Summary Sheets” attached at the front of completed run 26

manifests. 27 28 3. Completed run manifests with completed trip add-on sheets as appropriate. 29

RFP #08-7006-30 36

1 4. Breakdown, Incident and Accident Reports. 2

3 B. The contractor is required to review these documents for completeness and 4

accuracy before submitting them to the KCATA. The contractor will also process 5 post trip validation reports. 6

7 3.27 Run Pull-Out Log 8 9

This daily report should indicate all runs scheduled for the day and the drivers originally 10 assigned to cover those runs. The “Run Pull-Out Log” should also list all scheduled extra 11 board and back-up drivers for that day and the hours that each are available. Changes to 12 original driver assignments should be tracked on the log, use of extra board drivers must 13 be clearly indicated and final assignments and run coverage as well as remaining extra 14 board capacity throughout the day should be detailed. 15

16 3.28 Run Summary Sheet 17 18 A. Drivers must complete a “Run Summary Sheet” for each run performed. The run 19

sheet will identify the driver, the vehicle, the run number, the scheduled pull-out 20 and pull-in times of the run, the actual pull-out and pull-in times, the pull-out and 21 pull-in mileage, the total customer fares that should have been collected, and any 22 breakdowns. Supervisory staff must review the Run Summary Sheets and add 23 information about customer fares actually collected as applicable. 24

25 B. The run manifests must include the run number and date. Separate lines must 26

then be included for each pick-up and drop-off. The pick-ups and drop-offs must 27 be in the final time sequence to be performed by the driver. Each pick-up and 28 drop-off line must include the scheduled pick-up or drop-off time, the address, the 29 customer’s name, any special customer or directional notes, time of the pick-up, 30 any applicable appointment or desired drop-off time, the pick-up time promised to 31 the customer (or the on-time window calculated from the promised time), the 32 number of PCAs and companions, mobility aids used by the customer, and the 33 fare to be collected. Each line must also provide space for the driver to enter the 34 actual arrival time and boarding time or the actual drop-off time, and the mileage 35 at each pick-up or drop-off. Drivers must also record no-shows, cancellations, 36 transferred trips and other service information and changes to the schedule. 37

38 C. Drivers will be provided with a supply of blank “add-on” forms for entering 39

information about trips added to the run by dispatchers. All information on 40 scheduled trips noted above must be recorded on these add-on sheets, including 41 the original scheduled and negotiated times. The add-on sheets will also provide 42 a space for drivers to record the time the trip is assigned to them by the 43 dispatcher. 44

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3.29 Management Reports 1 2 A. Monthly management reports must be submitted with invoices each month. 3

These reports should detail accomplishments and goals related to provision of 4 service. These reports should also include required DBE reports and should 5 outline DBE participation relative to planned participation and KCATA goals. 6 Existing and anticipated problems, with recommendations for resolution, should 7 be described. A complete accounting of all accidents involving injury, and 8 unusual incidents and events also should be included. 9

10 B. A monthly statistical report must also be submitted with the invoice and should 11

include the following information: 12 13 1. Daily number of vehicle revenue hours completed 14 2. Daily number of trips completed 15 3. Daily number of passenger no shows 16 4. Daily number of vehicle no shows 17 5. Daily number of missed trips 18 6. Daily number of early trips 19 7. Daily number trips later 10-29 minutes 20 8. Daily number of excessively late trips (30+ minutes late) 21 22 KCATA will work with the contractor to finalize report content and format prior 23

to the start-up of services. 24 25 C. The foregoing non-inclusive list of required reports must be accurate and are time 26

sensitive. All reports and supporting data and records are subject to KCATA 27 review. KCATA has the right to obtain and review random and selected samples 28 of AVL data, trip tickets, etc. to determine the accuracy and reliability of the 29 information provided by the contractor for billing purposes, on-time performance 30 and incentive payments. 31

32 D. The contractor will assist the KCATA in collecting any information and data 33

needed to meet Federal Transit Administration reporting requirements, including 34 NTD reporting. 35

36 3.30 Accounting Records 37 38

A. All service costs incurred in the performance of this contract must be recorded in 39 an account separate from those used for the contractor’s other business activities 40 and must be available for inspection or audit during normal business hours upon 41 KCATA request. 42

43 B. The contractor is required to instruct its personnel assigned to this project to 44

complete timesheets that meet federal and state requirements showing working 45 hours charged to the project. Timesheets should not have white-outs, black-outs 46 or the like. Corrections needed on timesheets should be shown by cross-throughs 47

RFP #08-7006-30 38

with the corrected amount written in and initialed. The timesheets should be 1 made available to KCATA upon request during all normal work hours. 2

3 3.31 Fraud Prevention and Detection Policies and Procedures 4 5 A. As part of the proposal, the proposer will submit their policies and procedures for 6

fraud prevention and detection. The policies shall contain at a minimum the 7 following: 8

9 1. A comprehensive employee training program to prevent, investigate, and 10

report alleged or suspected fraud, theft, or other criminal behavior; 11 12 2. A program for the review of subcontracted service providers and/or 13

employees to detect any pattern or practice of inaccurate or fraudulent 14 encounter or service reports; 15

16 3. A program for the review of subcontracted transportation providers and/or 17

employees to detect any pattern or practice of overstated reports or levels 18 of service; 19

20 4. A program for the review of subcontracted transportation providers and/or 21

employees to detect any altered or falsified records, or destroyed records 22 not consistent with the records retention policy. 23

24 5. A program for the review of subcontracted transportation providers to 25

detect any false statements about credentials. 26 27 B. The contractor must also immediately report to KCATA any and all instances of 28

alleged or suspected provider, driver, employee or customer fraud or theft that is 29 detrimental to service, of criminal nature and/or creates a potential unsafe 30 environment. 31

32 1. At a minimum the report shall contain the name of the provider, driver or 33

customer, or contact information, and a description of the potentially or 34 suspected fraudulent action. 35

36 2. The report must include a description of the corrective action(s) taken by 37

the contractor and/or the subcontractor(s). All such reports must be 38 submitted in writing to the KCATA. 39

40

RFP #08-7006-30 39

SECTION 4. PROPOSAL INSTRUCTIONS 1 2 4.1 General Information 3 4

A. The terms “solicitation” and “Request for Proposals (RFP)” are used interchangeably, 5 and the terms “offer” and “proposal” are used interchangeably. 6

7 B. Interested firms may submit proposals until proposal closing on 3:00 PM CST on 8

Thursday, May 15, 2008. Proposals received after the time specified may not be 9 considered for award. Proposals received via facsimile (fax) or electronic mail (e-10 mail) will not be considered. Proposals must meet specified delivery and method of 11 submittal or they will not be opened or considered responsive. Proposals must be 12 delivered or mailed to KCATA’s Procurement Department at 1350 E. 17th Street, 13 Kansas City, MO 64108. 14

15 C. Submitting a proposal constitutes a firm offer to KCATA for 120 days from the 16

closing date. 17 18

D. KCATA is not responsible for any cost or expense that may be incurred by the 19 proposer before the execution of a contract, including costs associated with 20 preparing a proposal or interviews. 21

22 4.2 Reservations 23 24

A. KCATA reserves the right to waive informalities or irregularities in proposals, to 25 accept or reject any or all proposals, to cancel this RFP in part or in its entirety, 26 and to re-advertise for proposals if it is in the best interest of the Authority. 27 KCATA shall be the sole judge of what is its best interest with respect to this 28 solicitation. 29

30 B. KCATA also reserves the right to award a contract solely on the basis of the 31

initial proposal without any interviews or negotiations. Therefore, offers should 32 be submitted on the most favorable terms that the proposer can submit to the 33 Authority. 34

35 4.3 Proposer’s Responsibilities 36 37 By submitting a proposal, the proposer represents that: 38 39

A. The proposer has read and understands the RFP and the proposal is made in 40 accordance with the RFP; 41

42 B. The proposer possesses the capabilities, resources, and personnel necessary to 43

provide efficient and successful service to KCATA; and 44 45

C. Before submitting a proposal the proposer should make all investigations and 46 examinations necessary to ascertain site conditions and requirements affecting the 47 full performance of the contract. 48

RFP #08-7006-30 40

1 4.4 Authorization to Propose 2 3 If an individual doing business under a fictitious name makes the proposal, the proposal 4

should so state. If the proposal is made by a partnership, the full names and addresses of all 5 members of the partnership must be given and one principal member should sign the 6 proposal. If a corporation makes the proposal, an authorized officer should sign the 7 proposal in the corporate name. If the proposal is made by a joint venture, the full names 8 and addresses of all members of the joint venture should be given and one authorized 9 member should sign the proposal. 10

11 4.5 Incomplete and Late Submissions 12 13

C. Proposals may be withdrawn upon written request received by KCATA before 14 proposal closing. Withdrawal of a proposal does not prejudice the right of the 15 proposer to submit a new proposal, provided the new proposal is received before the 16 closing date. 17

18 D. No proposal may be withdrawn for one hundred twenty (120) days after the time set 19

for the proposal closing. 20 21 4. 6 Modification and Withdrawal of Proposals 22 23

A. Any proposals, modifications, or revisions received after the time specified for 24 proposal closing may not be considered. 25

26 B. Incomplete proposals may render the proposal non-responsive. 27

28 4.7 Single Offer 29 30

In the event a single proposal is received, the proposal may be evaluated based on the 31 established criteria and KCATA may determine the reasonableness of the proposal price 32 through appropriate means including, but not limited to, price and cost analysis. 33

34 4.8 Unbalanced Proposal 35 36

The Authority may determine that an offer is unacceptable if the prices proposed are 37 materially unbalanced. An offer is materially unbalanced when it is based on prices 38 significantly less than cost for some work and prices which are significantly overstated in 39 relation to cost for other work. 40

41 4.9 Protests 42 43

A. The following protest procedures will be employed for this procurement. For the 44 purposes of these procedures, “days” shall mean KCATA working days. 45 46

RFP #08-7006-30 41

1. Pre-Submittal. A pre-submittal protest is received prior to the proposal due 1 date. Pre-submittal protests must be received by the Authority, in writing 2 and addressed to the Director of Procurement, no later than five (5) days 3 before the proposal closing date. 4

5 2. Post-Submittal/Pre-Award. A post-submittal/pre-award protest is a protest 6

against making an award and is received after receipt of proposals is 7 awarded but before award of a contract. Post-submittal protests must be 8 received by the Authority, in writing and addressed to the Director of 9 Procurement, no later than five (5) days after the proposal closing date. 10

11 3. Post-Award. Post-Award protests must be received by the Authority, in 12

writing and addressed to the Director of Procurement, no later than five (5) 13 days after the date the contract is awarded. 14

15 B. The Director of Procurement will respond in writing within five (5) days from the 16

date of the written request. 17 18 C. If the protester is not satisfied with the response of the Director of Procurement, the 19

protester may appeal in writing to the General Manager. This request for a hearing 20 should be in writing within five (5) days from the date of the Director of 21 Procurement’s response. The General Manager will decide if the protest and the 22 appeal (if any) have been given fair and reasonable consideration, or if additional 23 consideration is warranted. The General Manager’s response will be provided 24 within ten (10) days after receipt of the request. The General Manager’s decision is 25 final and no further action on the protest shall be taken by the KCATA. 26

27 D. By written notice to all parties, the Director of Procurement may extend the time 28

provided for each step of the protest procedures, extend the date of notice of award, 29 or postpone the award of a contract if deemed appropriate for protest resolution. 30

31 E. Proposers should be aware of the Federal Transit Administration's protest 32

procedures with the FTA Regional Office (ref: FTA Circular 4220.1E, dated June 33 19, 2003). If federal funding is involved, FTA will review protests from a third 34 party only when: 1) a grantee does not have a written protest procedure or fails to 35 follow its procedure, or fails to review a complaint or protest; or 2) violations of 36 specific federal laws or regulations have occurred. 37

38 F. An appeal to FTA must be received by FTA’s regional office within five (5) days 39

of the date the protester learned or should have learned of an adverse decision by 40 the KCATA or other basis of appeal to FTA. Protests should be addressed to: 41 Regional Administrator, FTA Region 7, 901 Locust, Room 404, and Kansas City, 42 MO, 64106. 43

RFP #08-7006-30 42

SECTION 5. PROPOSAL SUBMISSION, 1 EVALUATION AND AWARD 2

3 4 5.1 Proposal Copies 5 6

A. The proposal package consists of two (2) sealed packages. 7 8 B. One of the sealed packages should contain an original and ten (10) full, complete, 9

and exact copies of the original proposal. The package should be clearly marked 10 “RFP #08-7006-30 – Technical Proposal.” 11

12 C. The second sealed package should contain an original and ten (10) full, complete, 13

and exact copies of the Cost Proposal. The package should be clearly marked “RFP 14 #08-7006-30 – Cost Proposal.” 15

16 5.2 Technical Proposal Format 17 18

A. The proposal page limit is 50 pages. The proposer may choose to allocate pages 19 between any of the criteria as long as the proposal does not exceed 50 pages. If a 20 proposer submits a proposal exceeding this limit, KCATA will consider the pages up 21 to the allowable number and discard all subsequent pages. 22

23 B. The following are excluded from the page count: 24

25 • Title page 26 • Table of Contents 27 • Letter of Transmittal 28 • Any tabs or indices 29 • Additional lists of references 30 • Résumé/background information (please restrict to a maximum of three (3) 31

pages per individual) 32 • Required forms such as certifications, financial data 33 • Vendor Registration Form 34 • Affirmative Action information 35

36 C. One page is defined as one side of a single, 8-1/2 x 11” page, with 11 point 37

minimum font size for the substantive text. Any page over this size will be counted 38 as two (2) pages. Any page or partial page with substantive text, tables, graphics, 39 charts, résumés, etc. will be counted as one (1) page. Proposers may use their 40 discretion for the font size of other materials (e.g. graphics, charts). 41

RFP #08-7006-30 43

5.3 Technical Proposal Content 1 2

A. To achieve a uniform review process and obtain the maximum degree of 3 compatibility, proposals must be organized as follows: 4 5 1. Title Page 6 7

Show the RFP number and title, the name of the firm, address, telephone 8 number(s), name and title of contact person, telephone number(s), email 9 address, facsimile number and date. 10

11 2. Table of Contents 12 13

Clearly identify the materials by section and page number. 14 15

3. Letter of Transmittal 16 17

The letter should be addressed to General Manager Mark E. Huffer and 18 signed by a corporate officer with authority to bind the firm. The letter must 19 contain the following: 20 21 a. Identification of proposing firm(s), including name, address, 22

telephone number(s) and email addresses of each subcontractor 23 24 b. Proposed working relationship among proposing firms (e.g., prime, 25

subcontractor), if applicable 26 27 c. Acknowledgement of receipt of RFP addenda, if any 28 29 d. Name, title, address, telephone number and email address of the 30

contact person for this project 31 32 e. Signature of a person authorized to bind the proposing firm to the 33

terms of the proposal 34 35 f. Briefly state the firm’s understanding of the services to be performed 36

and make a positive commitment to provide the services as specified 37 38

4. Experience and Qualifications 39 40 a. This section should demonstrate the proposer’s experience in 41

providing transportation and paratransit services. Describe 42 direct experience administering and operating under ADA 43 and FTA guidelines. Detail any plans on services the 44 proposer will provide that are not specifically required in this 45 RFP. 46

47

RFP #08-7006-30 44

b. Provide a brief synopsis of the firm, including when and 1 where incorporated, major business activities, and a listing 2 of officers of the company. State whether the firm is local, 3 regional, or national and how long the firm has been in 4 existence under current ownership/management. 5

6 c. The listing of all operating locations should include the 7

number of vehicles managed/operated, number of trips 8 provided per year, and the start and end date of each 9 contract. 10

11 d. Provide the names, telephone numbers, and email addresses 12

of contract liaisons to which the firm reports for all 13 contracts currently active, as well as all contracts ended or 14 terminated within the past five (5) years. Indicate the 15 reasons for all contracts terminated within the last five (5) 16 years. 17

18 5. Financial Condition of the Firm. Describe the legal organizational structure 19

of the proposer and audited financial statements for 2005-2007 to preclude 20 concerns about the availability of operating funds and the future solvency of 21 the organization. Provide information demonstrating that proposer has the 22 necessary financial resources to perform the contract in a satisfactory 23 manner. 24 25

6. Proposed Facility. Identify, describe and include photos, proposed layout 26 drawings and other pertinent information for the proposed facility. 27 Indicate if a firm agreement for the facility has been negotiated. If a firm 28 agreement for the use of a facility has not been reached, proposers should 29 include photos, layout drawings and other pertinent information for 30 candidate sites. 31

32 7. Fleet Management 33

34 a. This section should provide a description of the vehicles that 35

would be provided. This section should include summary 36 specification information documenting compliance with 37 specifications included in this RFP. Marketing materials from the 38 manufacturer with photos of the types of vehicles proposed may 39 also be provided. 40

41 b. This section should identify and describe supervisory and 42

other non-revenue vehicles that will be used in performing 43 the service. 44

45 c. Discuss the revenue vehicle preventive and corrective 46

maintenance program. 47

RFP #08-7006-30 45

1 8. Automated Systems and Provision of Trips 2

3 a. Describe and provide technical and illustrative materials for 4

the computer hardware to be provided. Identify the number 5 of workstations in each functional area of the operation, the 6 type of central server (as applicable) to be used, and 7 interfaces with the KCATA system or other partners in the 8 operation (as appropriate). Identify the local company that 9 will provide support service and maintenance of all equip-10 ment and describe the terms of that service/maintenance 11 agreement. 12

13 b. Include a letter indicating that the proposer has been in 14

contact with RouteMatch, has detailed the structure of the 15 proposed operation and has obtained input from 16 RouteMatch on the hardware that will be needed. This 17 letter should indicate that the hardware proposed exceeds 18 RouteMatch’s system requirements and should be adequate 19 to operate the system for a period of at least five (5) years. 20

21 c. Describe reports to be generated to meet reporting 22

requirements and include examples. 23 24 d. Plan for 100% utilization of the Automated Vehicle Locators 25

(AVLs) and Mobile Data Computers (MDCs) to include 26 reporting requirements, enforcement, and the process to be 27 followed if an MDC device fails. 28

29 e. A critical component of this contract is to use the AVL/MDC 30

technology to process trips. One hundred percent of all 31 dedicated vehicles must be equipped with this technology to 32 allow real-time recording, trip data transmission, and vehicle 33 location which interfaces with KCATA’s existing 34 reservations and scheduling system. Fully describe how the 35 provider will fulfill this requirement. 36

37 9. Program Management 38

39 a. This section should demonstrate the experience, skills and 40

qualifications of key personnel and staff to perform the required 41 services. Present the management approach to be followed and the 42 management techniques required for implementation and control 43 of the work. At minimum address and include a detailed transition 44 and service start-up plan and schedule that includes: 45

46 • Management plan 47

RFP #08-7006-30 46

• Personnel and staffing 1 • Accident and injury prevention 2 • Reporting requirements 3 • Fraud prevention and detection 4 • Alcohol and drug testing 5 • Vehicle procurement program 6 • Equipment and equipment maintenance for non-vehicles 7

(telephone systems, office equipment, etc.) 8 9

b. Provide an organizational chart showing how the project will be 10 staffed in all functional areas. Indicate the number of employees 11 of each type. Indicate how the on-site staff will be supported by 12 other regional or national staff and the reporting relationships 13 between on-site staff and other firm management staff. 14

15 c. Define and identify the proposed key on-site project staff. Provide 16

resumes and references for all key staff. Indicate whether each has 17 worked in similar operations to what is requested in the RFP and in 18 what capacity they served at these other operations. 19

20 10. Subcontractor Utilization Plan. For each anticipated subcontract, provide: 21 22

• Subcontractor’s name, address, and telephone number including 23 the name, title and telephone number of the contact person 24

• DBE category, if applicable 25 • Type(s) of goods or services to be provided 26 • Estimated value of subcontract 27 • The following signed and dated certification statement: “I certify 28

that each subcontractor has been notified that it has been listed in 29 this proposal and that each subcontractor has consented, in 30 writing, to its name being submitted for this RFP. Additionally, I 31 certify that I shall notify each subcontractor in writing if the award 32 is granted to my firm, and I will make all documentation available 33 to KCATA upon request.” 34

35 11. Operating Plan and Procedures 36

37 a. Proposers should describe operating plan and practices that will be 38

used to ensure safe, quality and efficient operation of the desired 39 paratransit service. Particular attention should be given to policies 40 and practices that ensure quality maintenance, safe driving, 41 responsive and efficient reservations and scheduling and 42 dispatching services, the use of extra-board and back-up drivers to 43 ensure run coverage and on-time pull-outs, and respectful and 44 quality customer service and treatment of customers by all 45 employees. 46

RFP #08-7006-30 47

1 b. Indicate how operations staff (drivers, supervisors, dispatchers, 2

dispatch assistants, road supervisors, and other office staff) will be 3 recruited. For each type of operations employee, provide 4 information about starting wages and benefits and increases 5 throughout the term of the contract. Indicate what analysis was 6 done to arrive at these levels of compensation and how these levels 7 of compensation will provide for a qualified and stable workforce. 8 Note that KCATA will place considerable emphasis in the 9 evaluation of proposals to the likelihood of each proposer’s ability 10 to attract and maintain a high quality workforce. 11

12 12. Exceptions, Omissions and Sample Contract 13

14 a. Exceptions. The proposal should clearly identify any exceptions to 15

the requirements set forth in this RFP. 16 17 b. Omissions. The contractor will be responsible for providing all 18

services, equipment, facilities, and functions which are necessary 19 for the safe, reliable, efficient, and well-managed operation of the 20 program, within the general parameters described in this RFP, and 21 consistent with established industry practices, regardless of 22 whether those services, equipment, facilities, and functions are 23 specifically mentioned in this RFP or not. The proposer should 24 clearly identify any omissions to the requirements set forth in the 25 RFP. 26

27 c. Sample Contract and Conditions. In addition to carefully reading 28

all of the information in the RFP, the proposer must carefully read 29 and review the attached sample contract (Attachment C). The 30 successful proposer will be required to enter into a contract with 31 KCATA, which will be substantially similar to the sample 32 provided. Therefore, the proposer must submit any proposed 33 changes to the sample contract with the proposal. Any changes 34 must be made legibly and conspicuously. Page(s) on which the 35 change(s) appear must be tabbed so as to be easily identified. The 36 proposer must also provide the rationale for all changes. If no 37 changes are made, the proposer will be deemed to have accepted 38 the sample contract. If the proposer makes changes, such changes 39 will be considered in any negotiations with the KCATA. Failure to 40 reach an agreement may result in KCATA pursuing negotiations 41 with the second ranked proposer. 42

43

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13. Debarment 1 2 a. The proposer must certify that is not included in the “U. S. General 3

Services Administration’s List of Parties Excluded from Federal 4 Procurement or Non-procurement Programs.” 5

6 b. The proposer agrees to refrain from awarding any subcontractor of 7

any amount (at any tier) to a debarred or suspended subcontractor, 8 and to obtain a similar certification from any subcontractor (at any 9 tier) seeking a contract exceeding $25,000. 10

11 c. The proposer agrees to provide KCATA with a copy of each 12

conditioned debarment or suspension certification provided by a 13 prospective subcontractor at any tier, and to refrain from awarding 14 a subcontract with any party that has submitted a conditioned 15 debarment or suspension certification until FTA approval is 16 obtained. 17

18 14. Lobbying 19

20 a. Pursuant to Public Law 104-65, the proposer is required to certify 21

that no federal funds were used to influence or attempt to influence 22 an officer or employee of any Federal department or agency, a 23 member of Congress or State legislature, an officer or employee of 24 Congress or State legislature, or an employee of a member of 25 Congress or State legislature regarding the project(s) included in this 26 contract. 27

28 b. Proposers who use non-federal funds for lobbying on behalf of 29

specific projects or proposals must submit disclosure documentation 30 when these efforts are intended to influence the decisions of federal 31 officials. If applicable, Standard Form-LLL, "Disclosure Form to 32 Report Lobbying", is required with the Proposer's first submission 33 initiating the KCATA's consideration for a contract. Additionally, 34 Disclosure forms are required each calendar quarter following the 35 first disclosure if there has been a material change in the status of the 36 previous disclosure. A material change includes: 1) a cumulative 37 increase of $25,000 or more in the amount paid or expected to be 38 paid for influencing or attempting to influence a covered Federal 39 action; 2) a change in the person(s) or individual(s) influencing or 40 attempting to influence a covered Federal action; or 3) a change in 41 the officer(s) or employee(s) or Member(s) contacted to influence or 42 attempt to influence a covered Federal action. 43

44 c. The proposer is required to obtain the same certification and 45

disclosure from all subcontractors (at all tiers) when the federal 46 money involved in the subcontract is $100,000 or more. Any 47

RFP #08-7006-30 49

disclosure forms received by the proposer must be forwarded to the 1 KCATA. 2

3 15. Proposer Status and Affirmative Action 4

5 a. All firms doing business with the KCATA must be a registered 6

vendor, and must be in compliance with the Authority's affirmative 7 action requirements. Firms may be considered for certification by 8 the KCATA for such compliance by completing the information 9 required in the Vendor Registration Form. However, firms that are 10 currently in compliance need not duplicate this information. Please 11 contact KCATA's Procurement Department at (816) 346-0254 to 12 verify affirmative action compliance status. 13

14 b. The FTA’s EEO Program objectives are to ensure that FTA 15

applicants, recipients, subrecipients, contractors and/or 16 subcontractors (which include all businesses wishing to do business 17 with KCATA) abide by Federal Transit Laws, 49 U.S.C. 5332(b). 18

19 c. Firms that do not have a current Affirmative Action compliance 20

certification with the KCATA must submit the following documents: 21 22 d. A copy of its current Affirmative Action Program and/or Policy 23

statement and a completed Workforce Analysis Report (Attachment 24 H1). Form AA1 or EEO-1 may be substituted. 25

26 e. A current certificate of Affirmative Action compliance from a local 27

government agency may be submitted in lieu of a program or policy 28 statement. 29

30 f. A letter requesting exemption from filing an Affirmative Action 31

Program if your firm has twenty-five (25) or fewer employees. A 32 signed, notarized letter on company letterhead listing the employees, 33 their race, sex, job title and annual salary must be submitted. 34

35 g. For questions on these requirements, or assistance in completing the 36

forms, please contact KCATA’s DBE Manager at (816) 346-0224. 37 38

16. Disclosure of Investigations/Actions. Proposer must provide a detailed 39 description of any investigation or litigation, including administrative 40 complaints or other administrative proceedings, involving any public 41 sector clients during the past five (5) years including the nature and status 42 of the investigation, and, for any litigation, the caption of the action, a 43 brief description of the action, the date of inception, current status, and, if 44 applicable, disposition. 45

46

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5.4 Basis for Award 1 2

A. Award will be made to the responsive and responsible proposer whose offer 3 conforming to the solicitation is judged by an integrated assessment of the 4 evaluation criteria to be the most advantageous to the Authority based on technical 5 merit and cost (“best value”). 6

7 B. Best Value Determination: 8

9 1. The technical merit of the proposal may be more important than the cost. 10

The cost/pricing must be fair and reasonable. 11 12 2. The Authority may select other than the lowest price proposal if it 13

determines by value analysis, or technical/cost trade offs, that the proposal 14 offers the greatest overall benefit to the Authority. 15

16 5.5 Technical Proposal Evaluation Criteria 17 18 A. Each technical proposal should enable the evaluation committee to make a thorough 19

evaluation and arrive at a sound determination as to whether or not the proposal will 20 meet KCATA’s requirements. Each technical proposal must be so specific, detailed 21 and complete as to clearly and fully demonstrate that the proposer has a thorough 22 knowledge and understanding of the requirements and has valid and practical 23 solutions for technical problems. Statements which paraphrase the requirements or 24 attest that “standard procedures will be employed” are inadequate to demonstrate 25 how the proposer will comply with the requirements of this procurement. 26

27 B. Technical proposals will first be reviewed by KCATA’s evaluation committee for 28

responsiveness. To be responsive, proposals must contain all required forms, meet 29 the RFP requirements to KCATA’s satisfaction, and provide the requested 30 information. Failure to submit the required forms, meet the RFP requirements, or 31 provide the requested information will cause the proposal to be deemed non-32 responsive. 33

34 C. Responsive technical proposals will be evaluated by the evaluation committee on the 35

basis of the following criteria, and are weighted as indicated. 36 37 • Cost/Pricing 25.0 points 38 • Operating Plans and Procedures 12.5 points 39 • Automated Systems and Provision of Trips 12.5 points 40 • Experience, Qualifications and 12.5 points 41 Program Management 42 • History of Past Performance 12.5 points 43 • Capacity 12.5 points 44 • Subcontractor Utilization Plan 12.5 points 45

46 5.6 Cost Proposal 47

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1 A. Only the proportionate share of costs, fixed or variable, associated with 2

this project shall be included in the cost proposal. The costs included in 3 the cost proposal should include all items of labor, materials, tools, 4 equipment and other costs necessary to fulfill the responsibilities for 5 providing the required services pursuant to this RFP. Any items omitted 6 from this RFP which are clearly necessary for the completion of the work 7 being proposed should be considered part of the work though not directly 8 specified or called for in this RFP. 9

10 B. Cost proposals will only be evaluated for those proposers whose technical proposals 11

are determined by the evaluation committee to be technically acceptable. 12 13 5.7 Cost Proposal Evaluation Criteria 14 15

A. Reasonableness of the proposed costs – analysis of cost drivers and supporting 16 documentation. 17

18 B. Realism – comparison of each cost proposal item and labor skill levels with the 19

offeror’s technical proposal. 20 21

C. Completeness – whether all items are properly included 22 23 5.8 Bonding Requirements 24 25

A. A proposal bond in the amount of five percent (5%) of the full expected cost of 26 services to be performed based on the first year of the contract, reflected in U.S. 27 dollars, must be enclosed in the original cost proposal envelope. 28

29 B. The bond must written by a licensed surety firm. Failure to submit a bond with the 30

proposal will result in the proposal being considered non-responsive. 31 32 5.9 Interviews/Written Responses 33 34

A. After the submission of proposals, selected proposers with the highest 35 evaluation score(s) may be invited to interview with the evaluation 36 committee concerning its technical proposal. The evaluation committee 37 may also require a proposer(s) to submit written responses to questions 38 regarding its proposal. 39

40 B. Proposers selected for interview will be notified by telephone. Interviews 41

are tentatively scheduled for May 28th through May 30th. Selected 42 proposers will be informed as to the exact time. 43

44

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5.10 Negotiations & Best and Final Offer (BAFO) 1 2 A. Additional contract negotiations may be required with the highest ranked firm 3

prior to final contract award. KCATA may solicit a Best and Final Offer (BAFO) 4 from one or more proposers. KCATA may or may not contact all proposers to 5 negotiate and/or to submit a BAFO. 6

7 B. After receipt of the results of the proposal evaluations, interviews, and BAFO(s), 8

if applicable, the evaluation committee will complete its evaluation and 9 recommend for award the responsible proposer(s) judged to provide the best value 10 to the Kansas City Area Transportation Authority. 11

12 C. A performance bond in the amount of ten percent (10%) of the full expected cost of 13

year one service of the contract is required within ten (10) days from Notice of Intent 14 to Award and prior to final award of a contract. 15

16

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ATTACHMENTS

RFP #08-7006-30 54

Attachment A. SERVICE AREA MAP Map of the ADA Paratransit Service Area Also Showing the Kansas

City, Missouri City boundaries

RFP #08-7006-30 55

ATTACHMENT B.

COST PROPOSAL

TO FOLLOW

RFP #08-7006-30 56

ATTACHMENT C 1 2

SAMPLE SERVICE AGREEMENT 3 RFP # 08-7006-30 4 FOR MANAGEMENT AND OPERATION OF KCATA’S PARATRANSIT SERVICES 5 6 THIS AGREEMENT, made and entered into this day of ______2008, by and between the 7 Kansas City Area Transportation Authority (KCATA), a body corporate and politic, and a 8 political subdivision of the States of Missouri and Kansas, with offices at 1350 East 17th Street, 9 Kansas City, Missouri, and _______, (Contractor), with offices at _______________. 10 11 NOW, THEREFORE, in consideration of the covenants and agreements to be performed by 12 the respective parties hereto and of the compensation to be paid as hereinafter specified, KCATA 13 and Contractor agree as follows: 14 15 1. EMPLOYMENT OF CONTRACTOR 16 17

This agreement represents employment of the Contractor by the KCATA as specified and 18 following the proposal submitted by the Contractor dated _________. 19

20 2. SCOPE OF CONTRACT 21 22

The Contractor will provide the management and operation of KCATA’s paratransit 23 services consistent with Request for Proposals #08-7006-30 solicited by the KCATA, dated 24 March 17, 2008 and in accordance with general specifications of the scope of contract 25 provided in the contract documents herein. 26

27 3. TERM 28

29 A. The term of this agreement will be for five (5) years beginning January 1, 2009 and 30

expiring on December 31, 2013. 31 32

B. The scope of contract to be performed will commence upon receipt of a notice to 33 proceed by the KCATA and is subject to authorized adjustments as provided in the 34 contract documents. 35

36 4. CONTRACT SUM 37 38

The KCATA will pay the Contractor in current funds for the performance/delivery of the 39 scope of work (Appendix B), subject to authorized additions or deductions by “Change 40 Orders” as provided in the contract document, not to exceed the sum of _________Dollars 41 ($_________). A breakdown of the contract sum is provided in Appendix C. 42

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5. MISCELLANEOUS PROVISIONS 1 2

The following sections, attached and incorporated herein, including this agreement and 3 modifications issued hereafter, constitute the entire contract document between the KCATA 4 and the Contractor. 5 6

Appendix A. Contract Conditions 7 Appendix B. Specifications 8 Appendix C. Cost Proposal Submitted by Contractor dated __________. 9 Appendix D. Subcontractor Utilization Plan Submitted by Contractor dated 10

______. 11 12 13 IN WITNESS WHEREOF, the parties hereto for themselves, their successors and assigns, 14 have executed this contract the day and year first above written. 15 16 17 KANSAS CITY AREA TRANSPORTATION 18 (Contractor) AUTHORITY (KCATA) 19 20 21 By By 22

Etta Jackson 23 Name: Director of Procurement 24 25 Title: 26 27

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CONTRACT CONDITIONS 1 2

3 1. AGREEMENT IN ENTIRETY 4 5 This Agreement represents the entire and integrated agreement between the parties and 6

supersedes all prior negotiations, representations or agreements, either written or oral. This 7 Agreement may be amended only by written instrument signed by all parties. 8

9 2. ASSIGNABILITY 10 11 The Contractor will not assign any interest in this Agreement and will not transfer any 12

interest in the same (whether by assignment or novation), without the prior written consent 13 of KCATA. In the event of KCATA's consent to assignment of this Agreement, all of the 14 terms, provisions and conditions of the Agreement will be binding upon and inure to the 15 benefit of the parties and their respective successors, assigns and legal representative. 16

17 3. BANKRUPTCY 18 19 In the event the Contractor enters into proceedings relating to bankruptcy, whether voluntary 20

or involuntary, the Contractor agrees to furnish, by certified mail, written notification of the 21 bankruptcy to the KCATA official identified in "Notification and Communication" section 22 of the contract document. This notification will be furnished within five days of the 23 initiation of the proceedings relating to bankruptcy filing. This notification must include the 24 date on which the bankruptcy petition was filed, the identity of the court in which the 25 bankruptcy petition was filed, and a listing of KCATA contract numbers against which final 26 payment has not been made. This obligation remains in effect until final payment under this 27 Agreement. 28

29 4. BONDING 30 31 A. The Contractor will furnish, at its own expense, a performance bond payable to 32

KCATA in the amount of ten percent (10%) of the full expected cost of year one 33 services to be performed as a guarantee of good faith on behalf of the Contractor, 34 that the terms of the Agreement will be complied with in every particular way. The 35 performance bond will be secured by a licensed surety company. The bond must be 36 renewed annually at 10% of the contract year’s full expected cost. The performance 37 bond will remain valid and in effect for the full term of this Agreement. 38

39 B. A cash deposit, certified check, irrevocable letter of credit (LOC), or other 40

negotiable instrument may be accepted by KCATA in lieu of a performance bond. 41 The form of any substitution in lieu of a performance bond must be pre-approved by 42 KCATA. The cash deposit, certified check, irrevocable letter of credit, or other 43 negotiable instrument accepted in lieu of a performance bond must remain valid and 44 in effect for the full term of this contract. Contractor's failure to maintain a valid 45

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performance bond, or a valid substitution for a performance bond pre-approved by 1 KCATA, for the full term of this Agreement will be a breach of contract. 2

3 C. If used, the letter of credit must be irrevocable, unconditional, and issued by an 4

acceptable federally insured financial institution. The LOC must cover the entire 5 period of performance or may be submitted with an initial expiration date which is a 6 minimum period of one year from the date of issuance, with a provision which states 7 that the LOC is automatically extended without amendment for one year from the 8 expiration date, or any future expiration date, until the period of performance is 9 completed. The period of performance will end the later of 90 days following final 10 payment, or until completion of any warranty period. 11

12 D. KCATA may require additional performance bond protection when the contract 13

price is increased. 14 15 5. BREACH OF CONTRACT 16 17 A. If the Contractor fails, refuses or neglects to comply with the terms of this 18

Agreement, such failure will be deemed a total breach of contract and the Contractor 19 will be subject to legal recourse by KCATA, plus costs resulting from failure to 20 comply. 21

22 B. The duties and obligations imposed by the Contract and the rights and remedies 23

available hereunder will be in addition to and not a limitation of any duties, 24 obligations, rights and remedies otherwise imposed or available by law. No action 25 or failure to act by KCATA will constitute a waiver of any right or duty afforded 26 under the Agreement, nor will any such action or failure to act constitute an approval 27 of or acquiescence in any breach hereunder, except as may be specifically agreed in 28 writing. 29

30 6. CHANGES 31 32 KCATA at any time, by a written order, and without notice to the sureties, may make 33

changes within the general scope of this Agreement. No such changes shall be made by the 34 Contractor without prior written approval by KCATA. If any such change causes an 35 increase or decrease in the cost of, or the time required for performance of this Agreement, 36 whether changed or not changed by such order, an equitable adjustment will be made by 37 written modification. Any Contractor's claim for adjustment under this clause must be 38 asserted within 30 days from the date of receipt by the Contractor of the notification of 39 change. Nothing in this clause will excuse the Contractor from proceeding with the 40 Agreement as changed. 41

42 7. CIVIL RIGHTS 43 44

A. Nondiscrimination. In accordance with Title VI of the Civil Rights Act, as 45 amended, 42 U.S.C. § 2000d, section 303 of the Age Discrimination Act of 1975, 46

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as amended, 42 U.S.C. § 6102, section 202 of the American with Disabilities Act 1 of 1990, 42 U.S.C. § 12132, and Federal transit law at 49 U.S.C. § 5332, the 2 Contractor agrees that it will not discriminate against any employee or applicant 3 for employment because of race, color, creed, national origin, sex, age, or 4 disability. In addition, the contractor agrees to comply with applicable Federal 5 implementing regulations and other implementing requirements FTA may issue. 6

7 B. American with Disabilities Act (ADA). In accordance with section 102 of the 8

American with Disabilities Act, as amended, 42 U.S. C. § 12112, the contractor 9 agrees that it will comply with the requirements of U.S. Equal Employment 10 Opportunity Commission, “Regulations to Implement the Equal Employment 11 Provisions of the Americans with Disabilities Act,” 29 C.F.R. Part 1630, 12 pertaining to employment of persons with disabilities. In addition, the Contractor 13 agrees to comply with any implementing requirements FTA may issue. 14

15 C. Disadvantaged Business Enterprise (DBE). 16 17

1. This contract is subject to the requirements of Title 49, Code of Federal 18 Regulations, Part 26, “Participation by Disadvantaged Business 19 Enterprises in Department of Transportation Financial Assistance 20 Programs.” The national goal for participation of Disadvantaged Business 21 Enterprises (DBEs) is 10 percent. KCATA’s overall goal for DBE 22 participation is 13 percent. A separate contract goal has not been 23 established for this procurement. 24

25 2. This contractor will not discriminate on the basis of race, color national 26

origin, or sex in the performance of this contract. The Contractor will 27 carry out applicable requirements of 49 CFR Part 26 in the award and 28 administration of this DOT-assisted contract. Failure by the Contractor to 29 carry out these requirements is a material breach of this contract, which 30 may result in the termination of this contract or such other remedy as 31 KCATA deems appropriate. Each subcontract the contractor signs with a 32 subcontractor must include this assurance in the paragraph (see 49 CFR 33 26.13(b). 34

35 3. The Contractor is required to pay its subcontractors performing work 36

related to this contract for satisfactory performance of that work no later 37 that 30 days after the Contractor’s receipt of payment from that work from 38 the KCATA. In addition, the Contractor may not hold retainage from its 39 subcontractors. 40

41 4. The Contractor must promptly notify KCATA whenever a DBE 42

subcontractor performing work related to this contract is terminated or 43 fails to complete its work, and must make good faith efforts to engage 44 another DBE subcontractor to perform at least the same amount of work. 45 The Contractor may not terminate any DBE subcontractor and perform 46

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that work through its own forces or those of an affiliate without prior 1 written consent of KCATA. 2

3 4

D. Equal Employment Opportunity. In accordance with Title VII of the Civil Rights 5 Act, as amended, 42 U.S.C. §2002e, and Federal transit laws at 49 U.S.C. § 5332, 6 the Contractor agrees to comply with all applicable equal employment 7 opportunity requirements of U.S. Department of Labor (U.S. DOL) regulations, 8 “Office of Federal Contractor Compliance Programs, Equal Employment 9 Opportunity, Department of Labor,” 49 C.F.R. Parts 60 et seq., (which implement 10 Executive Order No. 11246, “Equal Employment Opportunity,” as amended by 11 Executive Order No. 11375, “Amending Executive Order 11246 Relating to 12 Equal Employment Opportunity,” 42 U.S.C. § 2000e note), section 4 of the Age 13 Discrimination in Employment Act of 1967, as amended, 29 U.S.C. § 623. The 14 Contractor agrees to take affirmative action to ensure that applicants are 15 employed, and that employees are treated during employment, without regard to 16 their race, color, creed, national origin, sex, disability, or age. Such action will 17 include, but not be limited to, the following: employment, upgrading, demotion or 18 transfer, recruitment or recruitment advertising, layoff or termination; rates of pay 19 or other forms of compensation; and selection for training, including 20 apprenticeship. In addition, the Contractor agrees to comply with any 21 implementing requirements FTA may issue. 22

23 E. ADA Access Requirements. In accordance with section 102 of the Americans with 24

Disabilities Act, as amended, 42 U.S.C. § 12112, the Contractor agrees that it will 25 comply with the requirements of U.S. Equal Employment Opportunity Commission, 26 “Regulations to Implement the Equal Employment Provisions of the Americans with 27 Disabilities Act,” 29 C.F.R. Part 1630, pertaining to employment of persons with 28 disabilities. In addition, the Contractor agrees to comply with any implementing 29 requirements FTA may issue. 30

31 E. In the event of the Contractor’s non-compliance with nondiscrimination 32

provisions of this Agreement, KCATA shall impose such sanctions as it, the U.S. 33 Department of Transportation, or the City of Kansas City, Missouri may 34 determine to be appropriate including, but not limited to withholding of payments 35 to the Contractor under this Agreement until the Contractor complies, and/or 36 cancellation, termination, or suspension of the Agreement, in whole or in part. 37

38 8. CONFLICTS OF INTEREST 39 40 The Contractor certifies that it has no other activities or relationships that would make the 41

Contractor unable, or potentially unable, to render impartial assistance or advice to KCATA, 42 or that would impair the Contractor's objectivity in performing work under this Agreement. 43

44

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9. CONTINUITY OF SERVICES 1 2

A. The Contractor recognizes that the services under this Agreement are vital to the 3 KCATA and must be continued without interruption and that, upon contract 4 expiration a successor, either the KCATA or another contractor, may continue them. 5 The Contractor agrees to (1) furnish phase-in training and (2) exercise it best efforts 6 and cooperation to effect an orderly and efficient transition to a successor. 7

8 B. The Contractor will, upon the KCATA's written notice, (1) furnish phase-in, phase-9

out services for up to 90 days after this Agreement expires and (2) negotiate in good 10 faith a plan with a successor to determine the nature and extent of phase-in, phase-11 out services required. The plan will specify a training program and a date for 12 transferring responsibilities for each division of work described in the plan, and is 13 subject to KCATA's approval. The Contractor will provide sufficient experienced 14 personnel during the phase-in, phase-out period to ensure that the services called for 15 by this Agreement are maintained at the required level of proficiency. 16

17 10. CONTRACTOR'S PERSONNEL 18 19 A. All of the services required hereunder must be performed by the Contractor or under 20

its supervision and all personnel engaged in the work will be fully qualified and 21 authorized under state and local law to perform such services. Any change in the 22 key personnel, as described in the Contractor's proposal, will be subject to the 23 written approval of KCATA; such approval will not be unreasonably withheld. The 24 parties agree that at all times during the entire term of this Agreement that 25 ____________ will serve as the primary staff person(s) of Contractor to undertake, 26 render and oversee all of the services of this Agreement subject to the following 27 paragraph on KCATA's right to remove personnel. 28

29 B. KCATA reserves the right to require the Contractor to remove any personnel and or 30

subcontractors for any cause. 31 32 11. CONTRACTOR RESPONSIBILITY 33 34

No advantage will be taken by the Contractor or its subcontractor of the omission of any part 35 or detail which goes to make the services and equipment to be provided complete. In case 36 of any variance, the requirements of KCATA’s RFP will take precedence over information 37 or materials contained in Contractor’s or subcontractor’s proposal. The Contractor will 38 assume responsibility for all materials and services used whether the same is provided by the 39 Contractor or purchased from subcontractor or source outside the Contractor’s company. 40

41 12. DISPUTE RESOLUTION 42 43 A. Except as otherwise provided in this Agreement, any dispute concerning a question 44

of fact arising under this Agreement which is not disposed of by agreement shall be 45 decided by KCATA's Director of Procurement, who will reduce the decision to 46

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writing and mail or otherwise furnish a copy thereof to the Contractor. The decision 1 of the Director of Procurement will be final and conclusive unless within ten (10) 2 days from the date of receipt of such copy the Contractor mails or otherwise 3 furnishes a written appeal addressed to the Deputy General Manager, with a copy to 4 the Director of Procurement. The determination of such appeal by the Deputy 5 General Manager will be final and conclusive unless determined by a court of 6 competent jurisdiction to have been fraudulent or capricious, arbitrary, or not 7 supported by substantial evidence. In connection with any appeal proceeding under 8 this clause the Contractor will be afforded an opportunity to be heard and to offer 9 evidence in support of its appeal. Pending final decision of a dispute hereunder, and 10 unless otherwise directed in writing by KCATA, the Contractor will proceed 11 diligently with performance in accordance with Director of Procurement's decision. 12 (the Contractor should first meet with KCATA’s Director of ADA Compliance and 13 Customer Relations prior to meeting with KCATA’s Director of Procurement and 14 then the subsequent steps can be followed for resolution of a dispute.) 15

16 B. The duties and obligations imposed by the Agreement and the rights and remedies 17

available hereunder will be in addition to and not a limitation of any duties, 18 obligations, rights and remedies otherwise imposed or available by law. 19

20 13. EMPLOYEE PROTECTIONS 21 22

A. Transit Employee Protective Arrangements (Standard). To the extent that FTA 23 determines that transit operations are involved, the Contractor agrees to carry out the 24 transit operations work on this Agreement in compliance with terms and conditions 25 determined by the U.S. Secretary of Labor to be fair and equitable to protect the 26 interests of employees employed under this Agreement and to meet the employee 27 protective requirements of 49 U.S.C. § 5333(b), and U.S. DOL guidelines at 29 CFR 28 Part 215, and any amendments thereto. These terms and conditions are identified in 29 the letter of certification from the U.S. DOL to FTA applicable to the grant from 30 which Federal assistance is provided to support work on this Agreement. The 31 Contractor agrees to carry out that work in compliance with the conditions stated in 32 that U.S. DOL letter. 33

34 B. Transit Employee Protective Arrangements (for Elderly and Disabled 35

Transportation). Because this Agreement is financed in whole or in part with 36 Federal assistance, if the U.S. Secretary of Transportation has determined or 37 determines in the future that the employee protective requirements of 49 U.S.C. § 38 5333(b) are necessary or appropriate for KCATA on work performed under this 39 Agreement, the Contractor agrees to carry out the Agreement in compliance with the 40 terms and conditions determined by the U.S. Secretary of Labor to meet the 41 requirements of 49 U.S.C. § 5333(b), U.S. Department of Labor guidelines at 29 42 CFR Part 215, and any amendments thereto. These terms and conditions are 43 identified in the U.S. DOL's letter of certification to FTA, applicable to the grant 44 from which Federal assistance is provided to support work on this Agreement. The 45

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Contractor agrees to perform transit operations in connection with the underlying 1 Agreement in compliance with the conditions stated in that U.S. DOL letter. 2

3 14. ENVIRONMENTAL REGULATIONS 4 5

A. Clean Air Requirements for Transit Operations. The U.S. EPA imposes 6 requirements implementing the Clean Air Act, as amended, which may apply to 7 public transportation operators, particularly operators of large public 8 transportation bus fleets. Accordingly, the KCATA agrees to comply with the 9 following U.S. EPA regulations to the extent they apply to the Project: “Control 10 of Air Pollution from Mobile Sources,” 40 CFR Part 85; “Control of Air Pollution 11 from New and In-Use Motor Vehicles and New and In-Use Motor Vehicle 12 Engines,” 40 CFR Part 86; and “Fuel Economy of Motor Vehicles,” 40 CFR Part 13 600. The Contractor agrees to report, and to require each subcontractor receiving 14 more than $100,000 from this Agreement to report, any violation of these 15 requirements resulting from any project implementation activity to KCATA. 16 KCATA will, in turn, report each violation as required to assure notification to 17 FTA and the appropriate U.S. EPA Regional Office. 18

19 B. Clean Water. The Contractor agrees to comply with all applicable standards, orders, 20

or regulations issued pursuant to the Federal Water Pollution Control Act, as 21 amended, 33 U.S.C. § 1251 et seq. The Contractor agrees to report, and require each 22 subcontractor receiving more that $100,000 from this Agreement to report, any 23 violation of these requirements resulting from any project implementation activity to 24 KCATA. The Contractor understands that KCATA will, in turn, report each 25 violation as required to assure notification to FTA and the appropriate U.S. EPA 26 Regional Office. 27

28 C. Energy Conservation. The Contractor agrees to comply with mandatory standards 29

and policies relating to energy efficiency, which are contained in the state energy 30 conservation plan issued in compliance with the Energy Policy and Conservation 31 Act. 32

33 14. FEDERAL REQUIREMENTS 34 35 A. Changes. Contractor will at all times comply with all applicable FTA regulations, 36

policies, procedures and directives, including without limitation those listed directly 37 or by reference in this Agreement, as they may be amended or promulgated from 38 time to time during the term of this Agreement. Contractor's failure to so comply 39 will constitute a material breach of this Agreement. 40

41 B. Debarment and Suspension Certification. The Contractor must certify that it is not 42

included in the "U.S. General Services Administration's List of Parties Excluded 43 from Federal Procurement or Non-procurement Programs". 44

45

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1. The Contractor agrees to refrain from awarding any subcontract of any 1 amount (at any tier) to a debarred or suspended subcontractor, and to obtain 2 a similar certification from any subcontractor (at any tier) seeking a contract 3 exceeding $25,000. 4

2. The Contractor agrees to provide KCATA a copy of each conditioned 5 debarment or suspension certification provided by a prospective 6 subcontractor at any tier, and to refrain from awarding a subcontract with 7 any party that has submitted a conditioned debarment or suspension 8 certification until FTA approval is obtained. 9

10 C. Disclaimer of Federal Government Obligation or Liability. The Federal 11

Government shall not be subject to any obligations or liabilities to any subrecipient, 12 any third party contractor, or any other party in connection with the performance of 13 this Agreement. Notwithstanding any concurrence provided by the Federal 14 Government in or approval of any solicitation, subagreement, or third party contract, 15 the Federal Government continues to have no obligations or liabilities to any party, 16 including the subrecipient and third party contractor. 17

18 D. Incorporation of Federal Transit Administration (FTA) Terms. The provisions in 19

this Agreement include, in part, certain standard terms and conditions required by 20 DOT, whether or not expressly set forth. All contractual provisions required by 21 DOT, as set forth in FTA Circular 4220.1E are hereby incorporated by reference. 22 Anything to the contrary herein notwithstanding, all FTA mandated terms will be 23 deemed to control in the event of a conflict with other provisions contained in the 24 Agreement. Contractor will not perform any act, fail to perform any act, or refuse to 25 comply with any KCATA requests which would cause KCATA to be in violation of 26 the FTA terms and conditions. 27

28 E. Federal Participation Notification. In the announcement of any subcontract award 29

for goods or services under this Agreement, and having an aggregate value of 30 $500,000 or more, the Contractor agrees to specify the amount of Federal assistance 31 to be used in financing that acquisition of goods and services and to express the 32 amount of that Federal Assistance as a percentage of the total cost of that third party 33 contract. 34

35 15. FRAUD AND FALSE OR FRAUDULENT STATEMENTS 36 37 A. The Contractor acknowledges that the provisions of the Program Fraud Civil 38

Remedies Act of 1986, as amended, 31 U.S.C. § 3801 et seq. and U.S DOT 39 regulations, "Program Fraud Civil Remedies," 49 CFR Part 31, apply to its actions 40 pertaining to the project. Upon execution of the underlying Agreement, the 41 Contractor certifies or affirms the truthfulness and accuracy of any statement it has 42 made, it makes, or may make pertaining to the project covered under this 43 Agreement. In addition to other penalties that may be applicable, the Contractor 44 further acknowledges that if it makes a false, fictitious, or fraudulent claim, 45 statement, submission, or certification, the Federal Government reserves the right to 46

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impose the penalties of the Program Fraud Civil Remedies Act of 1986 on the 1 Contractor to the extent the Federal Government deems appropriate. 2

3 B. The Contractor also acknowledges that if it makes a false, fictitious, or fraudulent 4

claim, statement, submission, or certification in connection with this contract, the 5 Government reserves the right to impose on the Contractor the penalties of 18 6 U.S.C. § 1001 and 49 U.S.C. § 5307(n)(1), to the extent the Federal Government 7 deems appropriate. 8

9 16. GOVERNING LAW 10 11 This Agreement is deemed to have been made in, and be construed in accordance with, the 12

laws of the State of Missouri. Any action of law, suit in equity, or other judicial proceeding 13 to enforce or construe this Agreement, respecting its alleged breach, will be instituted only 14 in the Circuit Court of Jackson County, Missouri. 15

16 17. HEADINGS 17 18 The headings included in this Agreement are inserted only as a matter of convenience and 19

for reference, and in no way define, limit or describe the scope of intent of any provision, 20 and shall not be construed to affect, in any manner, the terms and provisions hereof of the 21 interpretation or construction thereof. 22

23 18. INDEPENDENT CONTRACTOR 24 25 A. The parties hereto agree that the Contractor is an independent contractor under this 26

Agreement. Under no circumstance will the Contractor be considered an agent, 27 employee or representative of KCATA, and KCATA will not be liable for any 28 claims, losses, damages, or liabilities of any kind resulting from any action taken or 29 failed to be taken by the Contractor. 30

31 B. The Contractor must furnish adequate supervision, labor, materials, supplies, and 32

equipment necessary to perform all the services contemplated under this Agreement 33 in an orderly, timely, and efficient manner. 34

35 19. INSURANCE 36 37 A. The insurance required in this Agreement must be written for not less than any limits 38

of liability required by law or by those set forth below, whichever is greater, and will 39 include contractual liability insurance as applicable to the Contractor’s obligations 40 under the Liability and Indemnification section below. All policies, except 41 Professional Liability and Workers Compensation policies, must name the KCATA, 42 its commissioners, officers and employees as additional insureds. Explosion, 43 collapse and underground coverage will not be excluded. The insurance should be 44 written with companies acceptable to the KCATA and the companies should have a 45 minimum A.M. Best’s insurance rating of A-(VIII). An exception to the minimum 46

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A.M. Best rating is granted for Workers Compensation exposures insured through 1 the Builders Association Self Insurance Fund (BASIF) or Missouri Employers 2 Mutual Insurance Company. 3

4 B. The Contractor will be required to furnish certificates of insurance prior to execution 5

of the Agreement. The certificates (with the exception of Professional Liability and 6 Workers Compensation coverage) must specifically state that: 7

8 1. Contractual liability coverage is applicable, 9

10 2. The Kansas City Area Transportation Authority, its commissioners, officers 11

and employees are named as additional insured on the policies covered by 12 the certificate using this specific wording: Kansas City Area Transportation 13 Authority, its commissioners, officers and employees are named as 14 additional insureds as respects general liability and where required by 15 written contract. Any coverage afforded the certificate holder as an 16 additional insured shall apply as primary and not excess or contributing to 17 any insurance or self insurance in the name of the certificate holder. 18

19 C. All such insurance, with the exception of Professional Liability coverage, will 20

contain endorsements that may not be canceled or amended with respect to the 21 KCATA by the insurance company without thirty (30) days prior notice by certified 22 mail to the KCATA and that denial of coverage or voiding of the policy for failure 23 of Contractor to comply with its terms will not affect the KCATA’s interest 24 thereunder. If the Contractor or his insurance agent has any questions pertaining to 25 the insurance requirements, contact the KCATA’s Loss Prevention Manager, 26 Darlene Arnett, at (816) 346-0241. 27

28 D. The requirements for insurance coverage are separate and independent of any other 29

provision hereunder. 30 31

1. Worker’s Compensation and Employers Liability: 32 33

Workers Compensation: Statutory 34 Employer’s Liability Limit: Bodily Injury by Accident: $500,000 each accident 35

Bodily Injury by Disease: $500,000 each employee 36 Bodily Injury by Disease: $500,000 policy limit 37 38

The Contractor and any subcontractor must maintain adequate worker’s 39 compensation insurance as required by law to cover all employees during 40 performance of services, or during delivery, installation, assembly or related 41 services in conjunction with this Agreement. 42

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2. Commercial General Liability: 1 2

Bodily Injury and Property Damage: $1,000,000 Each Occurrence, 3 $2,000,000 General Aggregate 4 5

Contractor will procure and maintain at all times during the term of this 6 Agreement commercial general liability insurance for liability arising out of 7 the operations of the Contractor and any subcontractors. The policy (ies) 8 must include coverage for the Contractor’s and subcontractors’ products and 9 completed operations. The policy (ies) must name as an additional insured, 10 in connection with Contractor’s activities, the KCATA, its commissioners, 11 officers, and employees. The Insurer(s) will agree that its policy (ies) is 12 primary insurance and that it will be liable for the full amount of any loss up 13 to and including the total limit of liability without right of contribution from 14 any other insurance or self-insurance the KCATA may have. Refer to the 15 insurance section narrative above Item # 2 for the appropriate Certificate of 16 Insurance wording. 17

18 3. Auto Liability: 19 20 Bodily Injury and Property Damage: $5,000,000 Combined Single Limit 21 22

The policy(ies) must include automobile liability coverage for all vehicles, 23 licensed or unlicensed, on or off the KCATA’s premises, whether the 24 vehicles are owned, hired or non-owned, covering use by or on behalf of the 25 Contractor and any subcontractors during the performance of work under 26 this Agreement. 27

28 4. Pollution Liability: 29 30 Pollution Liability Limit: $1,000,000 Each Occurrence 31 $1,000,000 Annual Aggregate 32 33

Where applicable, the Contractor must obtain and keep in effect during the 34 term of the contract, Pollution Liability Insurance covering their liability for 35 bodily injury, property damage and environment damage, including clean up 36 and remediation costs arising out of the work or services to be performed 37 under this contract. Coverage shall apply to the above for premises and 38 operations, products and completed operations and automobile liability. 39 Automobile liability coverage may be satisfied by utilizing ISO 40 Endorsement CA 9948 or equivalent. 41

42 E. The Contractor will notify KCATA’s Director of ADA Compliance and Customer 43

Relations and Manager of Loss Prevention the name, address, phone number and e-44 mail address of the following persons: 45

46

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• Primary Contact. Person who will act as liaison for claims arising from the 1 operation of the paratransit services. This person will be expected to 2 investigate and monitor these claims. If more than one person, please supply 3 all required information for both. 4

5 • Third Party Administrator. Company that will handle claims arising from 6

the operation of paratransit service. 7 8

• Legal Counsel. 9 10 F. At any time should the above referenced persons or companies change, the 11

Contractor will notify KCATA as noted. 12 13 G. The Contractor is required to cooperate with KCATA’s Loss Prevention Department 14

and/or KCATA’s Third Party Administrator regarding claims arising from 15 paratransit services. This will include, but not be limited to, providing written 16 reports, photos, recorded statements, video footage, and correspondence from all 17 parties involved and copies of insurance policies. Status reports on all open cases 18 should be provided to all parties every ninety (90) days. 19

20 H. KCATA reserves the right to investigate any and all accidents to gather information 21

for the purposes of reporting to its Third Party Administrator or other relevant 22 parties. 23

24 20. LIABILITY AND INDEMNIFICATION 25 26 A. Contractor's Liability. Contractor will be liable for all damages to persons 27

(including employees of Contractor) or property of any type that may occur as a 28 result of any act or omission by Contractor, any subcontractors, or sub-29 subcontractor, their respective agents or anyone directly employed by any of them or 30 anyone for whose acts any of them may be liable or arising out of any product 31 provided or services rendered under this Agreement. 32

33 B. Subrogation. Contractor, its agents and any subcontractor hereby waive and 34

relinquish any right of subrogation or claim against KCATA, its commissioners, 35 directors and employees arising out of the use of KCATA's premises (including any 36 equipment) by any party in performance of this Agreement. 37

38 C. Indemnification. 39 40

1. To the fullest extent permitted by law, Contractor agrees to and will 41 indemnify, defend and hold harmless KCATA, its Commissioners, officers 42 and employees from and against any and all claims, losses, damages, causes 43 of action, suits, liens and liability of every kind, (including all expenses of 44 litigation, expert witness fees, court costs and attorney's fees) by or to any 45 person or entity (collectively the “Liabilities”) arising out of, caused by, or 46

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resulting from the acts or omissions of Contractor, subcontractors, or sub-1 subcontractors, their respective agents or anyone directly or indirectly 2 employed by any of them in performing work under this Agreement, and 3 provided such claim is attributable to bodily injury, sickness, disease or 4 death of any person, or injury to or destruction of property, including 5 consequential damages, regardless of whether or not such claim, damage, 6 loss or expense is caused in part by a party indemnified hereunder, so long as 7 such Liabilities are not caused by the sole negligence or willful misconduct 8 of a party indemnified hereunder. Such obligation will not be construed to 9 negate, abridge or otherwise reduce other rights or obligations of indemnity 10 which would otherwise exist as to a party or person described in this 11 paragraph. 12

13 2. In claims against any person or entity indemnified under this section, by an 14

employee or Contractor, subcontractor or sub-subcontractor or anyone 15 directly or indirectly employed by any of them, the indemnification 16 obligation will not be limited by a limitation on the amount or type of 17 damages, compensation or benefits payable by or for the Contractor, 18 subcontractor, or sub-subcontractor under worker’s compensation acts, 19 disability benefit acts or other employee benefit acts. 20

21 3. If any action at law or suit in equity is instituted by any third party against 22

Contractor arising out of or resulting from the acts of Contractor in 23 performing work under this Agreement, Contractor must promptly notify 24 KCATA of such suit. 25

26 4. If any action at law or suit in equity is instituted by any third party against 27

KCATA arising out of or resulting from the acts of Contractor, a 28 subcontractor or sub-subcontractor, their respective agents or anyone directly 29 or indirectly employed by any of them in performing work under this 30 Agreement, and if Contractor has failed to provide insurance coverage to 31 KCATA against such action as required herein or otherwise refuses to 32 defend such action, KCATA will have the right to conduct and control, 33 through counsel of its choosing, the defense of any third party claim, action 34 or suit, and may compromise or settle the same, provided that KCATA will 35 give the Contractor advance notice of any proposed compromise or 36 settlement. KCATA will permit Contractor to participate in the defense of 37 any such action or suit through counsel chosen by the Contractor, provided 38 that the fees and expenses of such counsel will be borne by Contractor. If 39 KCATA permits Contractor to undertake, conduct and control the conduct 40 and settlement of such action or suit, Contractor will not consent to any 41 settlement that does not include as an unconditional term thereof the giving 42 of a complete release from liability with respect to such action or suit to 43 KCATA. Contractor will promptly reimburse KCATA for the full amount 44 of any damages, including fees and expenses of counsel for KCATA, 45 incurred in connection with any such action. 46

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1 21. LICENSES AND PERMITS 2 3 The Contractor will, without additional expense to KCATA, be responsible for obtaining 4

any necessary licenses and permits, and for complying with all Federal, State, and municipal 5 laws, codes, and regulations applicable to the performance of the work in this Agreement. 6

7 22. LOBBYING RESTRICTIONS 8 9 A. Pursuant to Public Law 101-121, the Contractor is required to certify that no federal 10

funds were used to influence or attempt to influence an officer or employee of any 11 Federal department or agency, a member of Congress, an officer or employee of 12 Congress, or an employee of a member of Congress regarding obtaining any federal 13 contract, grant or any other award covered by 31 U.S.C. 1352. 14

15 B. Contractors who use non-federal funds for lobbying on behalf of specific projects or 16

proposals must submit disclosure documentation when these efforts are intended to 17 influence the decisions of federal officials. If applicable, Standard Form-LLL, 18 "Disclosure Form to Report Lobbying", is required with the Contractor's first 19 submission initiating KCATA's consideration for a contract. Additionally, disclosure 20 forms are required each calendar quarter following the first disclosure if there has 21 been a material change in the status of the previous disclosure. A material change 22 includes: 1) a cumulative increase of $25,000 or more in the amount paid or 23 expected to be paid for influencing or attempting to influence a covered Federal 24 action; 2) a change in the person(s) or individual(s) influencing or attempting to 25 influence a covered Federal action; or 3) a change in the officer(s) or employee(s) or 26 member(s) contacted to influence or attempt to influence a covered Federal action. 27

28 C. Contractor is required to obtain the same certification and disclosure from all 29

subcontractors (at all tiers) when the federal money involved in the subcontract is 30 100,000 or more. Any disclosure forms received by the Contractor must be 31 forwarded to KCATA. 32

33 23. NOTIFICATION AND COMMUNICATION 34 35

A. Communications regarding technical issues and activities of the project shall be 36 exchanged with Ms. Sharon Bryant, KCATA's Director of ADA Compliance & 37 Customer Relations. 38

39 B. Issues regarding the contract document, changes, amendments, etc. are the 40

responsibility of KCATA's Procurement Department. All notices and 41 communications on all matters regarding this Agreement will be given by delivery 42 or mailing the same postage prepaid, addressed to the following: 43

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If to KCATA: Etta J. Jackson, Director of Procurement 1 Kansas City Area Transportation Authority 2 1350 East 17th Street 3 Kansas City, MO 64108 4 5 If to Contractor: 6 7 8 9 C. The Contractor will notify KCATA immediately when a change in ownership has 10

occurred, or is certain to occur. 11 12 D. The addresses to which notices will be made may be changed from time to time by 13

notice mailed as described above. Any notice given by mail will be deemed given 14 on the day after that on which it is deposited in the United States mail as provided 15 above. 16

17 24. PRIVACY ACT REQUIREMENTS 18 19 A. The Contractor agrees to comply with, and assures the compliance of its employees 20

and subcontractors with the information restrictions and other applicable 21 requirements of the Privacy Act of 1974, 5 USC § 552. 22

23 B. The Contractor understands that the requirements of the Privacy Act, including the 24

civil and criminal penalties for violation of that Act, apply to all individuals 25 involved, and that failure to comply with the terms of the Privacy Act may result in 26 termination of the underlying Agreement. 27

28 25. PROHIBITED INTERESTS 29 30

A. No board member, officer, employee or agent of KCATA or of a local public body 31 who has participated or will participate in the selection, award, or administration of 32 this Agreement, nor any member of his or her immediate family, business partner or 33 any organization which employs, or intends to employ any of the above during such 34 period, will have any interest, direct or indirect, in this Agreement or the proceeds 35 thereof, to any share or part of this Agreement, or to any benefit arising therefrom. 36 This will not be construed to prevent any such person from owning stock in a 37 publicly-owned corporation. 38

39 B. No member of, or delegates to, the Congress of the United States will be admitted to 40

any share or part of the Agreement, or to any benefit arising therefrom. This will not 41 be construed to prevent any such person from owning stock in a publicly-owned 42 corporation. 43

44

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26. PROHIBITED WEAPONS AND MATERIALS 1 2

A. Missouri Revised Statutes, section 571.107 (R.S. Mo. §571.107) allows government 3 units and businesses to prohibit persons holding a concealed carry endorsement from 4 carrying concealed firearms on its premises. Accordingly, KCATA has adopted the 5 following rules prohibiting weapons, whether concealed or not, and whether or not 6 the individual carrying the weapon has an endorsement or permit to carry on. 7

8 B. No weapon, including firearms concealed or not, other instrument intended for use 9

as a weapon, or any object capable of inflicting serious bodily injury upon another 10 person or property will be carried in or on any facility or property of KCATA, 11 including vehicles of contractors parked on KCATA property or leased facilities, or 12 vehicles used in transporting KCATA customers, even if a person has a permit to 13 carry a concealed weapon, unless authorized in writing to do so by KCATA. For the 14 purposes hereof, a weapon will include, but not be limited to, a firearm, knife, 15 sword, or any instrument of any kind known as blackjack, billy club, club, sandbag 16 and metal knuckles. 17

18 C. No explosives, flammable liquids, acids, fireworks, other highly combustible 19

materials, radioactive materials or biochemical materials will be carried on or in any 20 KCATA property, facility or vehicle, including vehicles of contractors parked on 21 KCATA property or leased facilities, or vehicles used in transporting any KCATA 22 customer, except as authorized in writing by KCATA. 23

24 D. Any contractor, subcontractor, employee or agent thereof, who has a firearm or other 25

weapon, including those used for recreational purposes, in his/her possession, 26 including on his/her person, in a vehicle on an ATA facility, in a vehicle carrying 27 KCATA customers, or accessible such as in first aid kits, toolboxes, purses, lunch or 28 carrying bags, etc., at any time while performing KCATA contracted services or on 29 KCATA property, including parking lots, concealed or not, will be immediately 30 prohibited from performing any further KCATA work, even if the person has a 31 permit to carry a concealed weapon. 32

33 E. Any KCATA contractor, subcontractor, employee or agent thereof, while 34

performing KCATA contracted services or on any KCATA property or facilities, 35 who has in his/her possession, carries, transports, displays, uses, flourishes, or 36 threatens another person with a weapon, radioactive material, biochemical material 37 or other dangerous weapon, object or material, which has the capability of inflicting 38 bodily injury, will be immediately prohibited from performing any further KCATA 39 work. 40

41 27. RECORD RETENTION AND ACCESS 42 43 A. The Contractor agrees that, during the course of this Agreement and any extensions 44

thereof, and for three years thereafter, it will maintain intact and readily accessible 45 all data, documents, reports, records, contracts, and supporting materials relating to 46

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this Agreement. In the event of litigation or settlement of claims arising from the 1 performance of this Agreement, the Contractor agrees to maintain same until such 2 litigation, appeals, claims or exceptions related thereto have been disposed. 3

4 B. The Contractor will permit KCATA, the Secretary of Transportation, the 5

Comptroller General of the United States, and representatives of KCATA 6 participating communities, to inspect all work, materials, construction sites, payrolls, 7 and other data and records, and to audit the books, records, and accounts of the 8 Contractor relating to its performance under this Agreement. 9

10 C. The Contractor agrees to permit any of the foregoing parties to reproduce by any 11

means whatsoever or to copy excerpts and transcriptions as reasonably needed. 12 13 28. REQUESTS FOR PAYMENT 14 15 A. Invoices requesting payment will be submitted directly to the Director of ADA 16

Compliance and Customer Relations. All invoices must be numbered, dated and 17 submitted in duplicate, and contain full descriptive information of materials or 18 services furnished. All invoices and correspondence must reference KCATA's 19 purchase order number. Separate invoices will be submitted for each purchase 20 order. 21

22 B. Payment will be made within the later of 1) 30 days after receipt of a proper invoice, 23

or 2) 30 days after KCATA's acceptance of services performed by the Contractor. 24 25 C. KCATA will pay the Contractor an amount equal to the amount charged for 26

paratransit services rendered plus any incentives earned, minus actual customer 27 revenues collected and disincentives. 28

29 D. The Contractor’s invoice should be submitted by the 15th calendar day of the 30

month following the month of service and should be in a format pre-approved by 31 KCATA. 32

33 E. Documentation accompanying monthly invoices should include: 34

35 1. A list of all approved vehicle runs by day, the scheduled pull-out and pull-36

in times for each run, the actual pull-out and pull-in times (as documented 37 on the Vehicle Summary Sheets attached to run manifests), the first pick-38 up and last drop-off times for each run, total scheduled break time for each 39 run, the mechanical/accident downtime for each run, and the total vehicle-40 revenue-hours for each run. 41

42 2. The amount of fares that should have been collected and the actual amount 43

of fares collected. This information should tie into the monthly service 44 reports submitted by the Call Center. 45

46

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F. Payment will be made by KCATA in accordance to the contract. If any portion of 1 the invoice is undisputed by KCATA, KCATA agrees to pay Contractor for the 2 portion of undisputed costs. Disputed costs should be resolved within 30 days 3 and should be included in the subsequent month’s payment to the Provider. 4

5 G. KCATA may conduct an audit of any or all records kept by the Contractor for this 6

service. KCATA reserves the right to obtain an understanding of internal controls 7 and assess control risk by performing tests of controls to evaluate the 8 effectiveness of the Contractor’s design and operation (i.e., test of details of 9 transactions and balances). These tests will determine the Contractor’s capability 10 of preventing, detecting and correcting material misstatements. Any overpayment 11 uncovered in such an audit may be charged against the Contractor’s future 12 invoices. 13

14 I. All final invoices must be submitted to KCATA within 90 days of project completion 15

or contract termination. Invoices submitted more than 90 days after project 16 completion or contract termination will not be valid and will not be paid. 17

18 29. RIGHT TO OFFSET 19 20 KCATA, without waiver or limitation of any rights, will deduct from any amounts due 21

Contractor in connection with this contract, or any other agreement between Contractor and 22 KCATA, any amounts owed by Contractor to KCATA, including amounts owed by 23 Contractor pursuant to Contractor’s obligation to indemnify KCATA against third party 24 claims arising out of Contractor’s performance of work under this Agreement. 25

26 30. SEVERABILITY 27 28 If any clause or provision of this Agreement is declared to be invalid by any court of 29

competent jurisdiction, then and in that event, the remaining provisions hereof will remain 30 in force. In lieu of each clause or provision of this Agreement that is illegal, invalid, or 31 unenforceable, there shall be added as a part of this Agreement, a clause or provision as 32 similar in terms to such illegal, invalid, or unenforceable clause or provision as will be 33 possible and be legal, valid, and enforceable. 34

35 31. SUBCONTRACTORS 36 37 A. Subcontractors. 38 39 1. None of the work or services covered by this Agreement will be subcontracted 40

without the prior written approval of KCATA. The only subcontractors 41 approved for this Agreement, if any, are listed on an Appendix to this 42 Agreement. Any substitutions or additions of subcontractors must have the 43 prior written approval of KCATA. Contractor shall be solely responsible for 44 reimbursing any subcontractors or service firms, and KCATA shall have no 45 obligation to them, provided KCATA has accepted and reimbursed Contractor 46

RFP #08-7006-30 76

for the subcontractors' or service firms' work. If Contractor fails to reimburse 1 subcontractors or service firms after receiving reimbursement from KCATA 2 for the subcontractors' or service firms' work, KCATA reserves the right to 3 directly reimburse the subcontractor or service firm and withhold such 4 payments directly from any future payments to Contractor. 5

6 2. A breakdown of all payments to subcontractors must be included with 7

Contractor’s payment requests submitted to KCATA. 8 9

B. Adequate Provision(s) in Subcontract(s). Any subcontracts related to this 10 Agreement must contain adequate provisions to define a sound and complete 11 agreement. In addition, all subcontracts must contain contractual provisions or 12 conditions that allow for: 13

14 1. Administrative, contractual, or legal remedies in instances where 15

subcontractors violate or breach contract terms, including sanctions and 16 penalties as may be appropriate. 17

18 2. Termination for cause and for convenience including the manner by which it 19

will be effected and the basis for settlement. 20 21

3. The following provisions if included in this Agreement: 22 23

Agreement in Entirety 24 Assignability 25 Bankruptcy 26 Breach of Contract 27

Changes 28 Civil Rights 29

Conflicts of Interest 30 Continuity of Services 31 Contractor’s Personnel 32 Contractor’s Responsibility 33 Dispute Resolution 34 Employee Protections 35 Environmental Regulations 36

Federal Requirements 37 Fraud and False or Fraudulent Statements or Related Acts 38

Governing Law 39 Headings 40 Independent Contractor 41 Insurance 42 Liability and Indemnification 43 Licenses and Permits 44

Lobbying Restrictions 45 Notification and Communication 46

RFP #08-7006-30 77

Privacy Act Requirements 1 Prohibited Interests 2 Prohibited Weapons and Materials 3

Record Retention and Access 4 Requests for Payment 5 Right to Offset 6 Severability 7 Suspension of Work 8 Taxpayer Identification Number (TIN) 9

Termination 10 Transit Operation Restrictions 11 12 D. The Contractor will take such action with respect to any subcontractor or 13

procurements as KCATA or the U.S. Department of Transportation may direct as 14 means of enforcing such provisions. 15

16 32. SUSPENSION OF WORK 17 18 KCATA may order the Contractor, in writing, to suspend, delay, or interrupt all or any part 19

of the work under this Agreement for the period of time that KCATA determines 20 appropriate for the convenience of KCATA. 21

22 33. TAXPAYER IDENTIFICATION NUMBER (TIN) 23 24 The Contractor is required to provide its TIN, which is the number required by the IRS to be 25

used by KCATA in reporting income tax and other returns. The TIN provided by the 26 Contractor is . By execution of this Agreement, the Contractor certifies 27 the accuracy of the above TIN for IRS reporting purposes. 28

29 34. TERMINATION 30 31 A. Termination for Convenience. KCATA may terminate this Agreement, in whole or 32

in part, at any time by written notice to the Contractor when it is in KCATA's best 33 interest. The Contractor will only be paid the contract price for supplies delivered 34 and accepted, or services performed in accordance with the manner of performance 35 set forth in the Agreement. 36

37 B. Funding Contingency. If this Agreement is subject to financial assistance provided 38

by the U.S. Department of Transportation, the Contractor agrees that withdrawal or 39 termination of such financial assistance by the U.S. DOT may require KCATA to 40 terminate the Agreement in accordance with other provisions of this Contract. 41

42 C. Termination for Default [Breach or Cause]. 43 44

1. If the Contractor fails to perform the required services in the manner called 45 for in the Agreement, or if the Contractor fails to comply with any other 46

RFP #08-7006-30 78

provisions of the Agreement, KCATA may terminate this Agreement for 1 default. Termination will be effected by serving a notice of termination on 2 the Contractor setting forth the manner in which the Contractor is in default. 3 The Contractor will only be paid the services performed in accordance with 4 the manner of performance set forth in the Agreement. 5

6 2. If the termination is for failure of the Contractor to fulfill the contract 7

obligations, KCATA will complete the work by contract or otherwise and 8 the Contractor will be liable for any additional cost incurred by KCATA. 9

10 3. If, after termination for failure to fulfill contract obligations, it is determined 11

that the Contractor was not in default, KCATA will allow the Contractor to 12 continue work, or treat the termination as a termination for convenience. 13

14 D. Opportunity to Cure. 15 16

1. KCATA in its sole discretion may, in the case of a termination for breach or 17 default, allow the Contractor an appropriately short period of time in which 18 to cure the defect. In such case, the written notice of termination will state 19 the time period in which cure is permitted and other appropriate conditions. 20

21 2. If Contractor fails to remedy to KCATA's satisfaction the breach or default 22

of any of the terms, covenants, or conditions of this Agreement within the 23 time period permitted, KCATA will have the right to terminate the 24 Agreement without any further obligation to Contractor. Any such 25 termination for default will not in any way operate to preclude KCATA from 26 also pursuing all available remedies against Contractor and its sureties for 27 said breach or default. 28

29 E. Waiver of Remedies for any Breach. In the event that KCATA elects to waive its 30

remedies for any breach by Contractor of any covenant, term or condition of this 31 Agreement, such waiver by KCATA will not limit KCATA's remedies for any 32 succeeding breach of that or of any other term, covenant, or condition of this 33 Agreement. 34

35 35. TRANSIT OPERATION RESTRICTIONS 36 37 A. Charter Service Operation. The Contractor agrees to comply with 49 U.S.C. § 38

5323(d) and FTA regulations, "Charter Service," 49 CFR Part 604, and any 39 amendments thereto that may be issued, which provide that recipients and 40 subrecipients of FTA assistance are prohibited from providing charter service using 41 federally funded equipment or facilities if there is at least one private charter 42 operator willing and able to provide the service, except under one of the exceptions 43 at 49 CFR 604.9. Any charter service agreement required by these regulations is 44 incorporated by reference and made part of this Agreement. 45

46

RFP #08-7006-30 79

B. Drug and Alcohol Testing. The Contractor agrees to establish and implement a drug 1 and alcohol-testing program that complies with 49 CFR Part 40 and Part 655 of the 2 United States Department of Transportation and Federal Transit Administration 3 regulations. The contractor agrees to produce any documentation necessary to 4 establish its compliance with Part 40 and Part 655, and permit any authorized 5 representative of the United States Department of Transportation, the Federal Transit 6 Administration or KCATA, to inspect all collection and testing facilities, to review 7 all records associated with the implementation of the drug and alcohol testing 8 program and audit and review the testing process as required under 49 CFR Part 40 9 and Part 655. The contractor agrees further to certify annually its compliance with 10 Management Information System (MIS) reporting and to submit the MIS reports to 11 KCATA by March 1 to the Drug and Alcohol Program Manager, Kansas City Area 12 Transportation Authority, 1200 East 18th Street, Kansas City, Missouri, 64108. If 13 the contractor is unwilling or unable to comply with the regulations, KCATA 14 reserves the right to discontinue using the contractor for safety-sensitive duties. 15 Contractors that propose on safety-sensitive work will be considered non-responsive 16 if they do not have or are not able to supply documentation that a DOT/FTA 17 compliant drug and alcohol-testing program has been established. 18

19 C. Reporting Requirements. 20 21

1. The Contractor agrees to collect and maintain all data, using proper 22 procedures, requested by KCATA for compliance with the "Uniform System 23 of Accounts and Records and Reporting System," 49 C.F.R. Part 630, which 24 includes various reports required for FTA's national transit database. The 25 Contractor must submit the requested information to KCATA no later than 26 April 1st for the previous calendar year. 27

28 2. The Contractor's failure to properly collect, maintain, and submit the data will 29

be considered a breach of contract. In addition, the Contractor will be liable 30 to KCATA for any federal funds not allocated to KCATA due to a lack of, or 31 deficient data, or improper procedures used by the Contractor. 32

33 34

35 36 37 Contractor's Initials _______________________ 38 39 KCATA's Initials _______________________ 40

RFP #08-7006-30 80

ATTACHMENT D 1 CERTIFICATE OF ABILITY TO BOND 2

3 4 The authorized representative of (Surety Company Name) (Address) 5 licensed in Kansas or Missouri, as Surety, does hereby state that she/he understands the obligations 6 of the Proposer as presented under the Proposal Response Form and further understands and agrees 7 to perform as Surety for the Proposer as required in the Proposal Response Form, in the event that 8 the proposal of , the Proposer is accepted by the Kansas City Area 9 Transportation Authority. 10 11 12 13 14 (Seal) 15 Signed 16 17 18 Title 19 20 21 Date 22 23 24 25 Notarized by: 26 27 Notary in the State of 28 County of: (Seal) 29 30 31 32 33 NOTE: The Certificate of Ability to Bond form must be submitted if a cashier's check or certified 34 check is used in lieu of a proposal bond. This form ensures that the Proposer, if awarded a contract, 35 is capable of obtaining required bonds. 36 37

RFP #08-7006-30 81

ATTACHMENT E-1 CERTIFICATION OF PRIMARY PARTICIPANTS

REGARDING RESTRICTIONS ON LOBBYING

I, (Name and Title of Grantee Official or Potential Contractor for a Major Third Party Contract), hereby certify on behalf of (Name of Grantee or Potential Contractor) that: 1. No Federal appropriated funds have been paid or will be paid, by or on behalf of the

undersigned, to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement.

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 is placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by Section 1352, Title 31, U.S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. Executed this day of 20 By Signature of Authorized Official Title of Authorized Official

RFP #08-7006-30 82

ATTACHMENT E-2 CERTIFICATION OF LOWER-TIER PARTICIPANTS

REGARDING RESTRICTIONS ON LOBBYING I, (Name and Title of Grantee Official or Potential Subcontractor Under a Major Third Party Contract), hereby certify on behalf of (Name of Grantee or Potential Subcontractor) that: 1. No Federal appropriated funds have been paid or will be paid, by or on behalf of the

undersigned, to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement.

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 is placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by Section 1352, Title 31, U.S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. Executed this day of , 20 . By Signature of Authorized Official Title of Authorized Official

RFP #08-7006-30 83

ATTACHMENT F-1 CERTIFICATION OF PRIMARY PARTICIPANT

REGARDING DEBARMENT, SUSPENSION, AND OTHER RESPONSIBILITY MATTERS

The Primary Participant (applicant for an FTA grant or cooperative agreement, or potential contractor for a major third party contract), certifies to the best of its knowledge and belief, that it and its principals:

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

2. Have not within a three-year period preceding this proposal been convicted of or had a civil

judgment rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (Federal, State or local) transaction or contract under a public transaction; violation of Federal or State antitrust statutes or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property;

3. Are not presently indicted for or otherwise criminally or civilly charged by a governmental entity

(Federal, State or local) with commission of any of the offenses enumerated in paragraph (2) of this certification; and

4. Have not within a three-year period preceding this application/proposal had one or more public

transactions (Federal, State or local) terminated for cause or default. If the primary participant (applicant for FTA grant, or cooperative agreement, or potential third party contractor) is unable to certify to any of the statements in this certification, the participant shall attach an explanation to this certification. THE PRIMARY PARTICIPANT (APPLICANT FOR AN FTA GRANT OR COOPERATIVE AGREEMENT, OR POTENTIAL CONTRACTOR FOR A MAJOR THIRD PARTY CONTRACT), CERTIFIES OR AFFIRMS THE TRUTHFULNESS AND ACCURACY OF THE CONTENTS OF THE STATEMENTS SUBMITTED ON OR WITH THIS CERTIFICATION AND UNDERSTANDS THAT THE PROVISIONS OF 31 U.S.C., SECTIONS 3801 ET SEQ. ARE APPLICABLE THERETO.

Signature and Title of Authorized Official Date

RFP #08-7006-30 84

ATTACHMENT F-2 CERTIFICATION OF LOWER-TIER PARTICIPANTS REGARDING

DEBARMENT, SUSPENSION, AND OTHER INELIGIBILITY AND VOLUNTARY EXCLUSION

The Lower Tier Participant (potential sub-grantee or sub-recipient under an FTA project, potential third party contractor, or potential subcontractor under a major third party contract) , certifies, by submission of this proposal, that neither it nor its principals are presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this transaction by any Federal department or agency. If the Lower Tier Participant (potential sub-grantee or sub-recipient under an FTA project, potential third party contractor, or potential subcontractor under a major third party contract) is unable to certify to any of the statements in this certification, such participant shall attach an explanation to this proposal. THE LOWER-TIER PARTICIPANT (POTENTIAL SUB-GRANTEE OR SUB-RECIPIENT UNDER AN FTA PROJECT, POTENTIAL THIRD PARTY CONTRACTOR, OR POTENTIAL SUBCONTRACTOR UNDER A MAJOR THIRD PARTY CONTRACT), , CERTIFIES OR AFFIRMS THE TRUTHFULNESS AND ACCURACY OF THE CONTENTS OF THE STATEMENTS SUBMITTED ON OR WITH THIS CERTIFICATION AND UNDERSTANDS THAT THE PROVISIONS OF 31 U.S.C., SECTIONS 3801 ET SEQ. ARE APPLICABLE THERETO.

Signature and Title of Authorized Official

Date

RFP #08-7006-30 85

KCATA ATTACHMENT G VENDOR REGISTRATION FORM

Kansas City Area Transportation Authority

(FOR KCATA USE ONLY) BIDDER/VENDOR

# ________________

APPLICATION Procurement Department 1350 E. 17th Street Kansas City, MO 64108 (816) 346-0306 □ REVISION □ INITIAL

PLEASE PRINT OR TYPE (READ INFORMATION, INSTRUCTIONS AND DEFINITIONS) Persons or concerns wishing to be placed on the Kansas City Area Transportation Authority's Registered Vendors List for supplies and services shall file a properly completed and certified Vendor Registration Form together with such other lists as may be attached to the application form, with the office of the Director of Procurement. Applicants shall confine their product list to those materials and services for which they are prime distributors to include an adequate supply of replacement parts and a prompt service capability in accordance with the needs of the Authority. The application shall be submitted and signed by the principal as distinguished from an agent, however constituted. Submittal of this Vendor Registration Form will place your firm on our Registered Vendors List, but does not guarantee a solicitation for bid.

After placement on the Registered Vendors List, a supplier's repeated failure to respond to Invitations for Bid will be understood by the Authority to indicate a lack of interest and the supplier's name will be removed from the list for the items concerned. If you wish to remain on the Registered Vendors List, but do not wish to offer a bid, return the bid with a notation "NO BID" or send a notice stating that you are unable to bid but wish to remain on the list. The list will be periodically purged. If you do not receive bid solicitations, inquire to confirm that your firm remains on our list.

1. Name of Firm ___________________________________________________________________________ Business Location Phone No. (_____)____________________ City State Zip Code Fax No. (_____)______________________ Email Address ________________________________ Website Address ______________________________

2. Mailing Address (If Different) Phone No. (_____) _______________ City State Zip Code Fax No. (_____)________________________ 3. Remit to Address (If Different) Phone No.(_____)________________ City State Zip Code Fax No. (_____)________________________ 4. Structure of Organization: INDIVIDUAL PARTNERSHIP CORPORATION If Incorporated, in which State Federal Tax ID No.__________________

5. Year this Firm started doing business under "Name of Firm" shown on Question #1:___________________

6. Name and Title of Person(s) who is (are) authorized to sign bids in behalf of the Firm: Name Title _________________________________ Name Title _________________________________ 7. Affiliated Businesses (Name and address):____________________________________________________ DEFINITION OF AFFILIATED BUSINESSES: Business concerns are affiliates of each other when either directly or indirectly: 1) one concern controls or has the power to control the other; or 2) a third party controls or has the power to control both. In determining whether concerns are I independently owned and operated, and whether or not affiliation exists, consideration is given to all appropriate factors including common ownership, common management, and contractual relationship. 8. Standard Invoice Terms: DUE DAYS DISCOUNT DAYS PERCENT %

(continued)

RFP #08-7006-30 86

Describe the Primary Business Activity of This Firm:

Identify number of personnel employed by the firm in the following categories:

Administrative Sales Management Construction Manufacturing Consulting Other (Specify)

The following questions address equal employment opportunity provisions, and completion is required before your firm can be considered in compliance with KCATA guidelines.

Assistance from the KCATA EEO/DBE Office for compliance with EEO/DBE requirements is available. Please contact the DBE Manager at (816) 346-0224 or via email at dbradshaw@kcata.org.

1. Does your firm have a written Affirmative Action Plan? If YES,

submit a copy to our office immediately. □ YES □ NO □ ENCLOSED

2. Does your firm have a current Certificate of Compliance that has been issued by a governmental agency? If YES, submit in lieu of an Affirmative Action Plan.

□ YES

□ NO

□ ENCLOSED

3. Does your firm have twelve (12) or fewer employees? If YES, submit a notarized letter requesting exemption from preparation of a written Affirmative Action Plan and list all employees by name, race, sex, job position and salary range.

□ YES □ NO □ ENCLOSED

4. Is your firm a Disadvantaged Business Enterprise (DBE) within the meaning of the following definition?

□ YES

□ NO

□ ENCLOSED

DEFINITION OF DISADVANTAGED BUSINESS ENTERPRISE: For-profit small business concern which is: 1) at least 51 percent owned by one or more socially or economically disadvantaged individuals, or in the case of a corporation, at least 51 percent of the stock is owned by one or more such individuals; and 2) whose management and daily business operations are controlled by one or more of the socially and economically disadvantaged individuals who own it. Socially and economically disadvantaged individuals means individuals who are U.S. citizens, or lawfully admitted permanent residents, who are Black Americans, Hispanic Americans, Asian-Pacific Americans, Subcontinent Asian Americans, women, or any additional group whose members are designated as socially and economically disadvantaged by the SBA, or who has been determined to be socially and economically disadvantaged on a case-by-case basis.

5. Is your firm a Woman-Owned Business Enterprise (WBE) within the meaning of the following definition? □ YES □ NO

DEFINITION OF WOMAN-OWNED BUSINESS ENTERPRISE: A business, which is owned and controlled by a woman, regardless of race or ethnicity.

REF: Federal Register 49 CFR, Part 26. CERTIFICATION: I certify that information supplied herein (including all pages attached) is correct and that neither the applicant nor any person (or concern) in any connection with the applicant as a principal or officer, so far as known, is now debarred or otherwise declared ineligible from bidding for furnishing materials, supplies, or services to the Kansas City Area Transportation Authority or declared ineligible to participate in federally funded projects. Signature Date ______________________________________________________________________________________________________________________________ Name and Title of Person Signing (Please Type or Print)

Return completed questionnaire to Kansas City Area Transportation Authority, Procurement Department, 1350 East 17th Street, Kansas City, MO 64108.

RFP #08-7006-30 87

Attachment H-1 GUIDELINES FOR WORKFORCE ANALYSIS Form AA1, Part I DEFINITIONS: RACIAL/ETHNIC 1. WHITE (not of Hispanic origin): All persons having origins in any of the original peoples of Europe, North Africa, or the

Middle East. 2. BLACK (not of Hispanic origin): All persons having origins in any of the Black racial groups of Africa. 3. HISPANIC: All persons of Mexican, Puerto Rican, Cuban, Central or South American origin, regardless of race. 4. ASIAN or PACIFIC ISLANDER: All persons having origins in any of the original peoples of the Far East, Southeast

Asia, the Indian Subcontinent, or the Pacific Islands. This area includes, for example, China, Japan, Korea, the Philippine Islands, and Samoa.

5. AMERICAN INDIAN or ALASKAN NATIVE: All persons having origins in any of the original peoples of North

America, and who maintain cultural identification through tribal affiliation or community recognition. JOB CATEGORIES 1. OFFICIALS and MANAGERS: Includes chief executive officers, presidents, vice-presidents, directors and kindred

workers. 2. PROFESSIONALS: Includes attorneys, accountants and kindred workers. 3. TECHNICIANS: Includes computer programmers and operators, drafters, surveyors, highway technicians, inspectors and

kindred workers. 4. SALES WORKERS: Includes contract sales representatives, purchasing agents, customer relations representatives and

kindred workers. 5. OFFICE and CLERICAL: Includes secretaries, bookkeepers, clerk typists, payroll clerks, accounts payable clerks,

receptionists, switchboard operators and kindred workers. 6. CRAFT WORKERS (skilled): Includes mechanics and repairers, electricians, carpenters, plumbers and kindred workers. 7. OPERATIVES (semi-skilled): Includes bricklayers, plaster attendants, welders, truck drivers and kindred workers. 8. LABORERS (unskilled): Includes laborers performing lifting, digging, mixing, loading and pulling operations and kindred

workers. 9. SERVICE WORKERS: Includes janitors, elevator operators, watchmen, chauffeurs, attendants and kindred workers.

RFP #08-7006-30 88

(Attachment H-2) WORK FORCE ANALYSIS REPORT FORM AA1, PART Report all permanent, temporary, or part-time employees including apprentices and on-the-job trainees. Enter the appropriate figures on all lines and in all columns. All blank spaces will be considered zero.

JOB CATEGORIES NUMBER OF EMPLOYEES

MALE FEMALE

OVERALL TOTALS (SUM OF COLUMNS B THRU K) A

WHITE (NOT OF HISPANIC ORIGIN) B

BLACK (NOT OF HISPANIC ORIGIN) C

HISPANIC D

ASIAN OR PACIFIC ISLANDER E

AMERICA N INDIAN OR ALASKAN NATIVE F

WHITE (NOT OF HISPANIC ORIGIN G

BLACK (NOT OF HISPANIC ORIGIN H

HISPANIC I

ASIAN OR PACIFIC ISLANDER J

AMERICAN INDIAN OR ALASKAN NATIVE K

OFFICIALS AND MANAGERS

PROFESSIONALS

TECHNICIANS

SALES WORKERS

OFFICE AND CLERICAL

CRAFT WORKERS

SEMI-SKILLED

LABORERS (UNSKILLED)

SERVICE WORKERS

TOTALS

TYPE OF BUSINESS: Manufacturing , Wholesale , Construction , Regular Dealer , Selling Agent , Service Establishment , Other: ______ _________________ Signature of Certifying Official Company Name ______ _________________ Printed Name and Title Address/City/State/Zip Code ______ _________________ Date Submitted Telephone Number/Fax Number

RFP #08-7006-30 89

ATTACHMENT I

CONTRACTOR LIST

FOR MANAGEMENT AND OPERATION OF PARATRANSIT SERVICES RFP #08-7006-30

Dick Alexander Veolia Transportation 2015 Spring Road #750 Oak Brook, IL 60523 (630) 571-7070 dick.alexander@veoliatransportation.com

Checker Services Sheri Watson 1512 Marsh Ave Kansas City, MO 64126 (816) 461-8400 sheri@checkerkc.com

Mark V. Foster Forsythe Transportation Inc. 29834 N. Cave Creek Road Suite #118, PMB-221 Cave Creek, AZ 85331

Henry Hardy LogistiCare 1800 Phoenix Blvd., Suite 120 Atlanta, GA 30349 (800) 486-7647 henryh@logisticare.com

Rick Dunning First Transit, Inc. 705 Central Ave, Ste. 500 Cincinnati, OH 45202 513-684-8734 Rick.Dunning@ft.firstgroupamerica.com Lisa.Gatwood@ft.firstgroupamerica.com

MV Transportation Attn: Keith Whalen 360 Campus Lane, Suite 201 Fairfield, CA 94534 707-863-8980 kwhalen@mvtransit.com lzingapan@mvtransit.com

Chris Hane Assisted Transportation 1625 S. 45th Street Kansas City, KS (913) 262-5190 chrish@assistedcompanies.com

Terry O’Toole Kansas City Transportation Group 1300 Lydia Kansas City, MO 64106 (816) 564-3161 totoole@kctg.com

RFP #08-7006-30 1