REQUEST FOR PROPOSALS (RFP) # PROSPECT CORRIDOR BRT BID PACKAGE #3 Prospect MAX Shelter, Marker and Interactive Smart Kiosk Fabrication

REQUEST FOR PROPOSALS (RFP) #17-7069-39 PROSPECT CORRIDOR BRT BID PACKAGE #3 Prospect MAX Shelter, Marker and Interactive Smart Kiosk Fabrication Date: January 17, 2018 Contact: Kristen Emmendorfer Purchasing Manager Telephone: (816) 346-0360 Fax: (816) 346-0336 Email: kristene@kcata.org Page 1 of 50

Proposal #17-7069-39 Prospect MAX BRT Package #3 PROSPECT MAX SHELTER, MARKER & INTERACTIVE SMART KIOSK FABRICATION NOTICE OF REQUEST FOR PROPOSALS (RFP) The Kansas City Area Transportation Authority (KCATA) is requesting proposals from qualified firms to provide fabrication and installation services for Prospect MAX Bus Rapid Transit (BRT) Shelters, Markers and Interactive Smart Kiosks. This is the third iteration of BRT in Kansas City and the Work associated with this RFP will be a significant improvement to the current BRT model. Amongst its improvements are interactive smart kiosks with information and updated MAX bus shelters and markers. The project is identified as Bid Package 3 for Prospect MAX BRT, and is comprised of three (3) sub-packages. PACKAGE #3A-1: Prospect MAX Style Shelters/Markers; PACKAGE #3A-2 Transit Emphasis Corridor (TEC) Style Shelters/Markers and PACKAGE #3B- Interactive Smart Kiosks. A Pre-Proposal conference will be held Friday, January 26, 2018 at 10:00 a.m. At KCATA s Breen Building Large Conference Room located at 1200 East 18 th Street, Kansas City, MO 64108. This pre-proposal is not mandatory but contractors are encouraged to attend. Contractors shall refer to the attached specifications and renderings as well as Project Special Provisions for detailed deliverables. For this Proposal, there are various elements and products associated with the Scope of Work for each package of deliverables and end products. KCATA s intent is to select Proposers for consideration of awarded contract(s) who demonstrate qualified and affirmed production capabilities and resources, staffing, scheduling and just in time delivery capabilities for the shelters, markers, and kiosks and all associated equipment and work to be provided for each Scope of Work. Proposals are subject to all terms, conditions, and provisions of this document, including Affirmative Action and Equal Employment Opportunity regulations. Offerors shall read and understand the requirements of this RFP. Minority Owned Business Enterprises (MBEs), Woman Owned Business Enterprises (WBEs), Disadvantaged Business Enterprises (DBEs) and Small Business Enterprises (SBEs) are encouraged to submit proposals as Prime Contractors, Subcontractors, or through joint venture/partnership. There is no DBE goal for this proposal. KCATA reserves the right to make a single or multiple awards, between project scopes or site locations, as it determines to be in the best interest of the Authority. A proposal response form has been provided. The bid response forms for each separate package requires pricing for add alternates. The add alternates for each of the packages may be selected at the discretion of KCATA based on availability of budget to fund the alternate work. Proposers must affirm pricing for the add alternates for one hundred eighty (180) days from the time of bid closing. Proposals must be received with all required submittals as stated in the RFP, no later than February 16, 2018 at 3:00 p.m. Please reference RFP #17-7069-39 on the submittal cover. Proposals received after the time specified shall not be considered for award. Proposals received via facsimile (fax) or electronic mail (e-mail) shall not be considered. Proposals not meeting specified delivery and method of submittal will not be opened nor considered responsive. Proposals must be addressed and delivered to KCATA at the following address. This is also the address to be used for all communication in connection with this RFP: Kansas City Area Transportation Authority Attn: Kristen L. Emmendorfer, Procurement Department 1350 East 17 th Street Kansas City, Missouri 64108 Submission of a proposal shall constitute a firm offer to the KCATA for One Hundred Twenty (120) days from Proposal Closing date. Page 2 of 50

For information regarding this proposal, contact Kristen Emmendorfer at (816) 346-0360 phone, (816) 346-0336 fax or Kristene@kcata.org. Any questions or requests for clarification are due from Proposers before January 30, 2018 at close of business and must be submitted in writing to Kristene@kcata.org. If required, KCATA s response to these submissions will be in the form of an Addendum. 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 KCATA s Board of Commissioners or any employee of KCATA (excluding Procurement staff) during the period beginning on the date of proposal issue and ending on the date of the selection of Contractor. Any such contact would be grounds for disqualification of the Proposer. Denise Adams. Interim Director of Procurement Page 3 of 50

TABLE OF CONTENTS Page SECTION 1. PROJECTED PROPOSAL SCHEDULE... 6 SECTION 2. SCOPE OF SERVICES... 7 2.1 Scope of Services... 8 2.2 Project Requirements Summary... 9 2.3 Proposal Information... 11 SECTION 3. PROPOSAL INSTRUCTIONS... 13 3.1 General Information... 14 3.2 Reservations... 14 3.3 Proposer s Responsibilities... 14 3.4 Authorization to Propose... 15 3.5 Withdrawal & Incomplete Proposals... 15 3.6 Modification of Proposals... 15 3.7 Approved Equals... 15 3.8 Protests... 15 3.9 Disclosure of Proprietary Information... 16 3.10 Disadvantaged Business Enterprise (DBE) Requirements... 17 SECTION 4. PROPOSAL SUBMISSION, EVALUATION AND AWARD... 18 4.1 Proposal Copies... 19 4.2 Technical Proposal Format... 19 4.3 Technical Proposal Content... 19 4.4 Proposal Submission Requirements Cost Proposal... 24 4.5 Basis for Contract Award... 24 4.6 Technical Proposal Evaluation Criteria... 24 4.7 Bonding Requirements... 25 4.8 Presentations/Interviews/Written Responses... 25 4.9 Negotiation & Best and Final Offer (BAFO)... 25 ATTACHMENTS... 26 Bid Form & Estimate 3A-1 Prospect BRT Shelter Marker... 27 Bid Form & Estimate 3A-2 Prospect TEC Shelter... 29 Bid Form & Estimate Smart Kiosk... 32 Cost Proposal/Itemized Bid Sheets... 35 Proposal Checklist Form... 35 Vendor Registration Form... 36 Guidelines for Workforce Analysis... 38 Workforce Analysis Report... 39 Affidavit of Primary Participants Regarding Employee Eligibility Verification... 40 Affidavit of Lower-Tier Participants Regarding Employee Eligibility Verification... 41 Certificate of Ability to Bond... 42 Certification of Primary Participants Regarding Restrictions on Lobbying... 43 Certification of Lower-Tier Participants Regarding Restrictions on Lobbying... 44 Certification of Primary Participants Regarding Restrictions on Debarment... 45 Certification of Lower-Tier Participants Regarding Restrictions on Debarment... 46 Buy America Certification Form... 47 Acknowledgement of Addendum Form... 48 Contractor List... 49 Wage Rates... 50 Page 4 of 50

NO PROPOSAL REPLY FORM PROPOSAL #17-7069-39 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 Kristen Emmendorfer, Procurement Department, KCATA, 1350 East 17 th Street, Kansas City, MO 64108, fax (816) 346-0336. 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 Page 5 of 50

SECTION 1 PROJECTED PROPOSAL CALENDAR Proposal Advertised and Issued January 17, 2018 Non Mandatory Pre-Proposal Conference KCATA s Breen Building Large Conference Room 1200 East 18 th Street, Kansas City, MO 64108 January 26, 2017 at 10:00 a.m. Deadline for Proposer Questions, Comments, & Requests for Clarification January 30, 2018 KCATA s Response to Questions/Requests for Clarifications February 6, 2018 Proposal Closing February 16, 2018 at 3:00 p.m. Interviews (Tentative, and if Required) February 21/ 22, 2018 Notice of Contract Award (Anticipated) March, 2018 Page 6 of 50

SECTION 2 KANSAS CITY AREA TRANSPORTATION AUTHORITY Prospect MAX BRT Shelter, Markers & Interactive Smart Kiosks Fabrication SCOPE OF SERVICES Page 7 of 50

SECTION 2. SCOPE OF SERVICES 2.1 SCOPE MAX is KCATA s bus rapid transit network (BRT) serving highly populated residential and commercial corridors in Kansas City, Mo. Plans are underway to implement this premium service along Prospect Avenue and into downtown KCMO. From its vehicles to service, MAX touts its unique identity. Customers reach their destinations with greater ease because of MAX s faster, more reliable service. MAX vehicles have a distinctively sleek design, while MAX stations are substantially larger than standard bus stops. In addition, one of the more popular customer-friendly MAX features includes real-time arrival information that helps transit customers know when MAX will arrive. By adding technologies and an array of modern passenger amenities, Prospect MAX will substantially enhance the transit experience for existing riders while attracting new transit customers. Among the features riders will encounter and experience along the Prospect MAX BRT line are: o o o o o o o o o o o Frequent service Traffic signal priority Fewer stops for faster service Highly visible MAX stations Sleek, distinctly designed vehicles Unique branding In addition, Prospect MAX will offer: Level boarding platforms at select locations Ticket-vending machines at select locations Free Wi-Fi on buses and at MAX stations Mobility hubs with on-demand services such as bikeshare and carshare. Prospect MAX BRT is the third iteration of BRT in Kansas City and the Work associated with this RFP will be a significant improvement to the current BRT model. Amongst its improvements are real time arrival signs/kiosks and revised MAX bus shelters and markers. The project is identified as Bid Package 3 for Prospect MAX BRT, and is comprised of three (3) sub-packages. PACKAGE #3A-1: Prospect MAX Style Shelters/Markers; PACKAGE #3A-2 TEC Style Shelters/Markers and PACKAGE #3B- Interactive Smart Kiosks. KCATA reserves the right to make a single or multiple awards for Packages 3A-1, 3A-2, and 3B, as it determines to be in the best interest of the Authority. Proposal response forms have been provided. The bid response forms for each separate package ask for pricing for add alternates. These add alternates may be selected at the discretion of KCATA based on availability of budget to fund the alternate work. Proposers must affirm pricing for the add alternates for one hundred eighty (180) days from the time of bid closing. This work consists of all labor, materials, tools and equipment required for set-up of general plant, storage/staging areas and facilities, as well as the procurement of all bonds, permits, and insurance necessary for this project and as required by Federal and State Laws and City Ordinances; and the general mobilization of equipment required for the completion of the work as stated in the Contract Documents. The cost proposal shall include all permits and fees, as required, to perform the project, unless otherwise noted in the Contract Documents. Technical Specifications and Drawings for the project are attached to this RFP. The intent of the Plans and Specifications is to describe The Work which the Contractor undertakes to do, in full compliance with the Contract, and it is understood that the Contractor will furnish, unless otherwise provided in the Contract, all materials, machinery, equipment, tools, supplies, transportation, labor, and all other incidentals necessary to the satisfactory completion of the Work. The Plans and Specifications are complementary, and what is called for by either is as binding as if called for by both. Page 8 of 50

2.2 PROJECT REQUIREMENTS SUMMARY A. A Disadvantaged Business Enterprise (DBE) Participation Goal has not been established for this project. B. Minimum Prime Contractor Participation for this project is 30% of the contract amount. C. A Bid Bond for 5% of the Contract Amount is required for this project. D. Performance Bonds for 100% of the Contract Amount are required for this project. Payment Bonds may be reduced based on contract value. Additional project value as added via approved change orders shall be addressed by amendment of bonds as requested by KCATA. E. Contract Completion. Milestone 1 Package 3A-1 Complete Fabrication and Integration for 12 th & Grand and Petticoat 210 Calendar days Package 3A-2 Complete Fabrication and Begin Integration for Interactive Smart Kiosks 165 calendar days Milestone 2 (Applies to all three Packages) Complete Fabrication and Integration 365 Calendar Days Milestone 3 (Applies to all three Packages) Complete Integration and Testing 455 Calendar Days Milestone 4 (Applies to Packages 3A-1 and 3A-2 only) Complete Street Installation 545 Calendar Days Substantial completion for the Scope of Work shall be established for each of the project packages per a written Notice to Proceed for each of the packages. The Date of Substantial Completion of the Work is the date certified by written Notice that the work is 95% or more complete, with the exception of a minimal list of deficiencies, as provided by KCATA s project manager. If one contractor is awarded multiple packages, contract time for each package shall run concurrent. F. Wage Rates. Federal: The U.S. Department of Labor has established minimum wages to be paid on this project. A copy of U.S. Department of Labor (Federal) General decision is attached. In the event that there is a question regarding rate of pay applicable to laborers, the higher rate shall prevail. G. Completion and Liquidated Damages. 1. KCATA will suffer financial loss if Work is not Substantially Complete on the date set forth in the contract documents. The Work to be performed shall begin on the date specified in a written Notice to Page 9 of 50

Proceed issued by KCATA. Liquidated damages shall be assessed at $500 per calendar day beginning on the date the Work is to be substantially complete until the Work is complete to the satisfaction, as cited in written form, by KCATA s Project Manager for Milestone 1, $950 per calendar day for Work associated with Milestone 2 and $950 per calendar day for Work associated with Milestone 3. Liquidated damages, not a penalty, shall be assessed at $1,470 per calendar day for Work associated with Milestone 4. Milestone 4 can be reduced by $15.50 per unit, based on the prorated number of completed shelters and markers. 2. The Date of Substantial Completion of the Work is the date certified by written Notice that the work is 95% or more complete, with the exception of a minimal list of deficiencies. 3. Occupancy or utilization of Completed Work, or a portion of completed work, by the KCATA, does not constitute Substantial Completion or Final Acceptance. 4. Contractor has no right to damages for any causes of delay by the KCATA. Scheduling of the Work must be mutually agreed upon by the KCATA and the Contractor before Work can commence. The KCATA's operational requirements are paramount and shall take precedence. A request for an adjustment of time shall be forwarded in writing to KCATA's Project Manager as soon as the Contractor is aware of circumstances beyond the Contractor's control. Requests shall include a statement of cause and expected time delay. The Project Manager may from time to time award extensions to the contract time justified by delay caused by either the Contractor or the KCATA, provided that adequate evidence is presented to enable the Project Manager to determine with exactness the extent and duration of delay for each item involved. Time may only be adjusted by Change Order. 5. The Contractor in his/her submittal of Bid Response Form(s) is undertaking to complete the Work within the stated and agreed contract time, has taken into consideration and made allowances for all of the ordinary delays and hindrances incident to such Work, whether because of delays in procuring equipment, materials, workers or other causes. 6. KCATA will suffer financial loss if the Work is not Substantially Complete on the date set forth in the contract documents. The Contractor and/or the Contractor's Surety shall be liable for and shall pay the KCATA the sums previously identified for each day of delay until the Work is Substantially Complete. The KCATA is authorized to withhold from monies due the Contractor the sum as indicated above that has been assessed as liquidated damages (not a penalty). Page 10 of 50

2.3 PROPOSAL INFORMATION A. Contacts. Owner(s) Kansas City Area Transportation Authority 1350 E. 17 th Street Kansas City, Missouri 64108 KCATA Procurement 1350 E. 17 th Street Kansas City, Missouri Kristen Emmendorfer Telephone (816) 346-0360 Facsimile (816) 346-0336 e-mail: Kristene@kcata.org KCATA Project Management Team 1200 E. 18 th Street Kansas City, Missouri Keith Sanders, Chief Engineer 1200 E. 18 th Street Kansas City, Missouri 64108 Telephone (816) 346-0359 Facsimile (816) 346-0253 ksanders@kcata.org Linda E. Clark, Sr. Project Manager 1200 E. 18 th Street Kansas City, Missouri 64108 Telephone (816) 346-0389 Facsimile (816) 346-0253 E-mail: lclark@kcata.org David Johnson, Project Manager 1200 E. 18 th Street Kansas City, Missouri 64108 Telephone (816) 346-0217 Facsimile (816) 346-0253 djohnson@kcata.org Engineer Taliaferro & Browne, Inc. 1020 E. 8 th Street Kansas City, Missouri 64106 Telephone (816) 283-3456 Fax (816) 283-0810 B. Project Manual, Technical Specifications and Drawings are available for review at: 1. KC Blueprint 2106 Swift North Kansas City, MO 64116 816-527-0900 2. Associated General Contractors of Missouri 1221 Jefferson Street Jefferson City, MO 65109 Page 11 of 50

573-634-5574 3. Minority Contractors Association 3200 Wayne, Suite 103 Kansas City, MO 64108 816-924-4441 4. Kansas City Hispanic Chamber of Commerce 1600 Baltimore Avenue, Suite 250 Kansas City, MO 64106 816-472-6767 5. Kansas City Hispanic Association Contractors Enterprise, Inc. (KCHACE) 705 Virginia Kansas City, MO 64108 816-474-3800 6. National Association of Women in Construction 909 Troost Kansas City, MO 64106 816-842-7023 7. Black Chamber of Commerce 1501 E 18th St Kansas City, MO 64108 816-474-9901 8. Black Economic Union of Kansas City 1601 E. 18 th Street, Suite 300 Kansas City, MO 64108 816-474-1080 9. Hispanic Office of Equality and Justice 4325 Bell St. Kansas City, MO 64111 816-309-1295 A. Proposal Documents are distributed through KC Blueprint and may be purchased (non-refundable) from the KC Blueprint plan room by calling 1-816-527-0900. Plans may be picked up or delivered upon request. Bid Documents may also be viewed and purchased at http://www.kcblueprint.com. KC Blueprint offices are located at 2106 Swift, North Kansas City, Missouri 64116. B. Pre-Proposal Conference will be held at KCATA offices as listed in the Proposal Schedule. The purpose of this conference will be to present the proposed Work and field questions from attendees. Attendance is encouraged but not mandatory. Page 12 of 50

SECTION 3 KANSAS CITY AREA TRANSPORTATION AUTHORITY Prospect MAX BRT Shelters, Markers & Interactive Smart Kiosks Fabrication PROPOSAL INSTRUCTIONS Page 13 of 50

SECTION 3. PROPOSAL INSTRUCTIONS 3.1 General Information A. The terms solicitation and Request for Proposals (RFP) are used interchangeably, and the terms offer and proposal are used interchangeably. B. Interested firms may submit proposals until proposal closing at 3:00 p.m. on FEBRUARY 16, 2018. Proposals received after the time specified may not be considered for award. Proposals received via facsimile (fax) or electronic mail (e-mail) will not be considered. Proposals must be delivered or mailed to KCATA s Procurement Department at 1350 E. 17th Street, Kansas City, MO 64108 Attention: Shipping and Receiving. C. In cases where communication is required between bidders and the KCATA, such as requests for information, instruction, clarification of specifications, etc., such communication shall be forwarded in writing directly to Kristen Emmendorfer, Senior Procurement/Contract Administrator. Electronic comments, questions and requests for clarification should be sent to Kristen Emmendorfer at Kristene@kcata.org and the subject line should read RFP #17-7069-39 PACKAGE 3- Prospect MAX BRT Shelters, Markers and Interactive Smart Kiosks Fabrication. D. Submitting a proposal constitutes a firm offer to KCATA for One hundred twenty (120) days from the closing date of the Proposal. Alternates pricing, per request and per Proposal Response Forms, shall be affirmed and held for a period of One hundred eighty (180) days from the closing date of Proposal. Alternates are not guaranteed and shall be elected at the sole discretion of KCATA based on budget availability. E. KCATA is not responsible for any cost or expense that may be incurred by the Proposer before the execution of a contract, including costs associated with preparing a proposal or interviews. Solicitation of this Proposal shall not be construed as an offer of award. 3.2 Reservations A. KCATA reserves the right to waive informalities or irregularities in proposals, to accept or reject any or all proposals, to cancel this RFP in part or in its entirety, and to re-advertise for proposals if it is in the best interest of the Authority. B. KCATA also reserves the right to award a contract solely on the basis of the initial proposal without any interviews or negotiations. Therefore, offers should be submitted to KCATA on the most favorable terms possible, from a cost or price and technical standpoint. 3.3 Proposer s Responsibilities A. By submitting a proposal, the Proposer represents that: 1. The Proposer has read and understands the RFP and the proposal is made in accordance with the RFP requirements and instructions; 2. The Proposer possesses the capabilities, resources, and personnel necessary to provide efficient and successful service to KCATA; and 3. It is authorized to transact business in the State of Missouri. B. Before submitting a proposal the Proposer should make all investigations and examinations necessary to ascertain site or other conditions and requirements affecting the full performance of the contract. Page 14 of 50

3.4 Authorization to Propose If an individual doing business under a fictitious name makes the proposal, the proposal should so state. If the proposal is made by a partnership, the full names and addresses of all members of the partnership must be given and one principal member should sign the proposal. If a corporation makes the proposal, an authorized officer should sign the proposal in the corporate name. If the proposal is made by a joint venture, the full names and addresses of all members of the joint venture should be given and one authorized member should sign the proposal. 3.5 Withdrawal & Incomplete Proposals A. Proposals may be withdrawn upon written request received by KCATA before proposal closing. Withdrawal of a proposal does not prejudice the right of the Proposer to submit a new proposal, provided the new proposal is received before the closing date. B. Incomplete proposals may render the proposal non-responsive. 3.6 Modification of Proposals Any proposals, modifications, or revisions received after the time specified for proposal closing may not be considered. 3.7 Approved Equals A. Wherever brand, manufacturer, or product names are used, they are included only for the purpose of establishing a description of minimum quality of the requested item unless otherwise specified. This inclusion is not to be considered as advocating or prescribing the use of any particular brand or item or product. However, approved equals or better will be accepted only when approved by the KCATA. B. All requests for approved equals shall be received in writing. Changes to the specifications will be made by addendum if applicable. Proposers may discuss the specification with the KCATA; however, requests for changes shall be written and documented. C. When an approved equal is requested, the successful bidder shall demonstrate the quality of its product to the KCATA, and shall furnish sufficient technical data, test results, etc., to enable the KCATA to determine whether the Proposer's product is or is not equal to specifications. 3.8 Protests A. The following protest procedures will be employed for this procurement. For the purposes of these procedures, days shall mean business days of KCATA administrative personnel which are days other than a Saturday, Sunday or legal holidays observed by KCATA for such administrative personnel. 1. Pre-Submittal. A pre-submittal protest is received prior to the proposal due date. Pre-submittal protests must be received by the Authority, in writing and addressed to the KCATA Interim Director of Procurement no later than five (5) days before the proposal closing date. 2. Post-Submittal/Pre-Award. A post-submittal/pre-award protest is a protest against making an award and is received after receipt of proposals but before award of a contract. Post-submittal protests must be received by the Authority, in writing and addressed to the KCATA Interim Director of Procurement, no later than five (5) days after the proposal closing date. Page 15 of 50

3. Post-Award. Post-Award protests must be received by the Authority, in writing and addressed to the KCATA Interim Director of Procurement, no later than five (5) days after the date of the Notice of Intent to Award. B. The KCATA Interim Director of Procurement shall respond in writing within five (5) days from the date of the written request. If the protester is not satisfied with the response of the KCATA Interim Director of Procurement the protester may appeal in writing to the KCATA Chief Financial Officer within five (5) days from the date from the KCATA Interim Director of Procurement s response. C. The KCATA Chief Financial Officer will decide if the protest and the appeal (if any) have been given fair and reasonable consideration, or if additional consideration is warranted. The KCATA Chief Financial Officer s response will be provided within ten (10) days after receipt of the request. The KCATA Chief Financial Officer s decision is final and no further action on the protest shall be taken by the KCATA. D. By written notice to all parties, the KCATA Chief Financial Officer may extend the time provided for each step of the protest procedures, extend the date of notice of award, or postpone the award of a contract if deemed appropriate for protest resolution. E. Protesters should be aware of the Federal Transit Administration's protest procedures with the FTA Regional Office (ref: FTA Circular 4220.1F). If Federal funding is involved, FTA will review protests from a third party only when: 1) a grantee does not have a written protest procedure or fails to follow its procedure, or fails to review a complaint or protest; or 2) violations of specific Federal laws or regulations have occurred. F. An appeal to FTA must be received by FTA s regional office within five (5) working days of the date the protester learned or should have learned of KCATA s decision. Protests shall be addressed to: Regional Administrator, FTA Region 7, 901 Locust, Room 404, and Kansas City, MO, 64106. 3.9 Disclosure of Proprietary Information. A. A Proposer may restrict the disclosure of scientific and technological innovations in which it has a proprietary interest, or other information that is protected from public disclosure by law, which is contained in the proposals by: 1. marking each page of each such document prominently in at least 16 point font with the words Proprietary Information; 2. printing each page of each such document in a different color paper than the paper which the remainder of the proposal is printed; and 3. segregating each page of each such document in a sealed envelope, which shall prominently display, on the outside, the words Proprietary Information in at least 16 point font, along with the name and address of the Proposer. B. After either a contract is executed pursuant to this RFP, or all proposals are rejected, the proposals will be considered public records open for inspection. If access to documents marked Proprietary Information, as provided above, is requested under the Missouri Open Records Law, the KCATA will notify the Proposer of the request and the Proposer shall have the burden to establish that such documents are exempt from disclosure under the Law. Notwithstanding the foregoing, in response to a formal request for information, the KCATA reserves the right to release any documents if the KCATA determines that such information is a public record pursuant to the Missouri Sunshine Law. Page 16 of 50

Disadvantaged Business Enterprise (DBE) Requirements A. This Contract is subject to the Requirements of Title 49, Code of Federal Regulations Part 26, Participation by Disadvantaged Business Enterprises in Department of Transportation Financial Assistance Programs. KCATA s overall goal for DBE participation is 15%. There is no participation goal for this procurement. B. Non-discrimination - Proposers shall not discriminate on the basis of race, color, national origin, or sex in the performance of this project. The Proposer shall carry out applicable requirements of 49 CFR Part 26 in the award and administration of DOT-assisted contracts. Failure by the Proposer to carry out these requirements is a material breach of the resulting contract, which may result in the termination of the contract or such other remedy as KCATA deems appropriate. C. DBE Certification - KCATA will only recognize firms that are certified as DBEs under the DOT guidelines found in 49 CFR Part 26. DBE subcontractors must be certified as a DBE by the Kansas Department of Transportation (KDOT) or a member of the Missouri Regional Certification Committee, which includes KCMO, MoDOT, City of St. Louis, Metro in St. Louis or KCATA. A list of certified firms certified by the MRCC may be found at www.modot.mo.gov/ecr/index.htm. A list of KDOT certified firms is located at https://kdotapp.ksdot.org/dbecontractorlist/. MBE and WBE certifications for other agencies will not be considered. D. DBE Participation Credit - DBE firms may participate as Prime Contractors, Subcontractors or Suppliers. The following shall be credited towards achieving the goals, except as provided herein: A. The total contract dollar amount that a qualified DBE Prime Contractor earns for that portion of work on the contract that is performed by its own workforce, is performed in a category in which the DBE is currently certified, and is a commercially useful function as defined by the Program. DBE Prime Contractors must perform thirty percent (30%) of the contract value. B. The total contract dollar amount that a Prime Contractor has paid or is obligated to pay to a subcontractor that is a qualified DBE; and C. Subcontractor participation with a lower tier DBE subcontractor; and D. Sixty percent (60%) of the total dollar amount paid or to be paid by a Prime Contractor to obtain supplies or goods from a supplier who is not a manufacturer and who is a qualified DBE. If the DBE is a manufacturer of the supplies, then one hundred percent (100%) may be credited, to be determined on a case-by-case basis. E. NO CREDIT, however, will be given for the following: 1. Participation in a contract by a DBE that does not perform a commercially useful function as defined by the Program; and 2. Any portion of the value of the contract that a DBE Subcontractor subcontracts back to the prime contractor or any other contractor who is not a qualified DBE; and a. Materials and supplies used on the contract unless the DBE is responsible for negotiating the price, determining quality and quantity, ordering the materials and installing (where applicable) and paying for material itself; and b. Work performed by a DBE in a scope of work other than that in which the DBE is currently certified. Page 17 of 50

SECTION 4 KANSAS CITY AREA TRANSPORTATION AUTHORITY Prospect MAX BRT Shelters, Markers & Interactive Smart Kiosks Fabrication PROPOSAL SUBMISSION, EVALUATION AND AWARD Page 18 of 50

SECTION 4. PROPOSAL SUBMISSION, EVALUATION AND AWARD 4.1 Proposal Copies A. The proposal package consists of two (2) sealed packages. B. The first sealed package should contain an original and six (6) full, complete, and exact copies of the Technical Proposal. The package should be clearly labeled RFP #17-7069-39 Prospect MAX Shelter, Marker and Interactive Smart Kiosks. The original may be bound but additional copies shall be submitted without binding or staples, in an easily identifiable and sequential order. C. The second sealed package should contain an original and one (1) full, complete, and exact copies of the Cost Proposal. The package should be clearly labeled RFP #17-7069-39 Prospect MAX Shelter, Marker and Interactive Smart Kiosks - Cost Proposal. D. Proposers are asked to submit a complete set of their Proposal Documents in an electronic format (flash drive) and submit with Cost Proposal packet. E. Pages in the Proposal document shall be numbered. The Proposer shall ensure that all copies and all electronic media are identical to the Proposer s hardcopy, original submission. In case of a discrepancy, the hard copy shall govern. 4.2 Technical Proposal Format A. The technical proposal page limit is 20 pages. The Proposer may choose to allocate pages between any of the criteria as long as the proposal does not exceed 20 pages. If a Proposer submits a proposal exceeding this limit, KCATA will consider the pages up to the allowable number and discard all subsequent pages. B. The following are excluded from the page count: Title Page Table of Contents Letter of Transmittal Tabs or Indices Additional lists of references Résumé/background information (please restrict to a maximum of three (3) pages per individual) Required forms such as certifications, financial data Vendor Registration Form Affirmative Action information C. One page is defined as one side of a single, 8-1/2 x 11 page, with 11 point minimum font size for the substantive text. Any page over this size will be counted as two (2) pages. Any page or partial page with substantive text, tables, graphics, charts, résumés, etc. will be counted as one (1) page. Proposers may use their discretion for the font size of other materials (e.g. graphics, charts). 4.3 Technical Proposal Content A. Each technical proposal should enable the evaluation committee to make a thorough evaluation and arrive at a sound determination as to whether or not the proposal will meet KCATA s requirements. Each technical proposal must be so specific, detailed and complete as to clearly and fully demonstrate that the Proposer has a thorough knowledge and understanding of the requirements and has valid and practical solutions for technical problems. Statements which paraphrase the requirements or attest that standard Page 19 of 50

procedures will be employed are inadequate to demonstrate how the Proposer will comply with the requirements of this procurement. B. To achieve a uniform review process and obtain the maximum degree of compatibility, technical proposals must be organized as follows: 1. Title Page Show the RFP number and title, the name of the firm, address, telephone number(s), name and title of contact person, telephone number(s), email address, facsimile number and date. 2. Table of Contents Clearly identify the materials by section and page number. 3. Letter of Transmittal The letter should be addressed to Chief Financial Officer, Michael Graham, and signed by a corporate officer with authority to bind the firm. The letter must contain the following: a. Identification of proposing firm(s), including name, address, telephone number(s) and email addresses of each subcontractor b. Proposed working relationship among proposing firms (e.g., prime, subcontractor), if applicable c. Acknowledgement of receipt of RFP addenda, if any d. Name, title, address, telephone number and email address of the contact person for this project e. Briefly state the firm s understanding of the services to be performed and make a positive commitment to provide the services as specified 4. Experience and Qualifications a. Provide a brief synopsis of the firm, including when and where incorporated, major business activities, and a listing of officers of the company. State whether the firm is local, regional, or national and how long the firm has been in existence under current ownership/management. b. This section should demonstrate the Proposer s experience, skills and qualifications of the Project Manager and other key personnel in the manufacturing and installation of bus passenger shelters and kiosks in meeting goals, objectives and schedules. Describe direct experience administering and operating similar projects during the last three (3) years. Identify and describe in detail any plans on services the Proposer will provide that are not specifically required in this RFP. c. Provide resumes for the proposed Project Manager and other key personnel and discuss the unique qualifications these individuals bring to the project. d. To demonstrate the project manager s experience, provide references on up to five (5) representative projects. At least one reference contact (including name, title, e-mail address and telephone number) should be provided for each project. Include role of the project manager, contract amount, and contract start and end dates. 5. Financial Condition of the Firm. Financial data will be held in confidence and will not become part of the awarded contract file. In this section the Proposer must submit information demonstrating that the Firm is financially sound and has the necessary financial resources to perform the contract in a Page 20 of 50

satisfactory manner. The Proposer is required to permit KCATA to inspect and examine its financial statements. The Proposer shall submit the firm s most recent unaudited financial statements as well as two (2) years of its most recent audited annual financial statements. These statements should be included with the Cost Proposal submittal and consist of Statement of Financial Position (Balance Sheet), Results of Operations (Income Statement), Statement of Cash Flow, and Statement of Retained Earnings, and applicable footnotes. Supplementary financial information may be requested as necessary. 6. Production Capability a. This section should describe and specifically demonstrate the experience, skills and qualifications of key personnel and team to perform the required services. Present the work and project management approach and techniques required for quality control of the Work including submittal of shop drawings, manufacturing methods, quality oversight and onsite installation, including shipping just-in-time to each location. At minimum address and include preliminary production schedule to include submittal of shop drawings, accuracy, level and output of manufacturing, and installation of specified products. Identify employee numbers/resources used for completion of the Work. b. Provide an organizational chart showing how the project will be staffed in all functional areas. Indicate the number of employees of each type and percentage of time employees will be committed to this proposed project. c. Provide details of the production facility to be used. This should include location of site, square footage of production area, fabrication equipment to be used, paint booth area, storage, installation equipment and other details to show sufficient capacity and ability to complete the Work required. d. Provide a list of manufacturing contracts in progress or anticipated contracts which may run concurrent with this proposed Work. Include in the proposed timeline or schedule submitted the other work anticipated. 7. Subcontractor Utilization Plan. Subcontractors must be approved by KCATA prior to contract award. For each anticipated subcontract, provide: a. Subcontractor s name, address, and telephone number including the name, title and telephone number of the contact person b. DBE category, if applicable c. Type(s) of goods or services to be provided d. Estimated value of subcontract e. The following signed and dated certification statement: I certify that each subcontractor has been notified that it has been listed in this proposal and that each subcontractor has consented, in writing, to its name being submitted for this RFP. Additionally, I certify that I shall notify each subcontractor in writing if the award is granted to my firm, and I will make all documentation available to KCATA upon request. 8. Exceptions, Omissions and Form of Contract a. Exceptions. The proposal should clearly identify any exceptions to the requirements set forth in this RFP. Page 21 of 50

b. Omissions. The Contractor will be responsible for providing all services, equipment, facilities, and functions which are necessary for the safe, reliable, efficient, and well-managed operation of the program, within the general parameters described in this RFP, and consistent with established industry practices, regardless of whether those services, equipment, facilities, and functions are specifically mentioned in this RFP or not. The Proposer should clearly identify any omissions to the requirements set forth in the RFP. c. Sample Contract and Conditions. In addition to carefully reading all of the information in the RFP, the Proposer must carefully read and review the attached sample contract (Attachment A). The successful Proposer will be required to enter into a contract with KCATA, which will be substantially similar to the sample provided. Therefore, the Proposer must submit any proposed changes to the sample contract with the proposal. Any requested changes must be made legibly and conspicuously. Page(s) on which the change(s) appear must be tabbed so as to be easily identified. The Proposer must also provide the rationale for any requested changes. If no changes are requested, the Proposer will be deemed to have accepted the sample contract language. If the Proposer requests changes, such requests will be considered in any negotiations with the KCATA. Failure to reach an agreement may result in KCATA pursuing negotiations with the second highest ranked Proposer. 9. Disclosure of Investigations/Actions. Proposer must provide a detailed description of any investigation or litigation, including administrative complaints or other administrative proceedings, involving any public sector clients during the past five (5) years including the nature and status of the investigation, and, for any litigation, the caption of the action, a brief description of the action, the date of inception, current status, and, if applicable, the disposition. 10. Debarment a. The Proposer must certify that is not included in the U. S. General Services Administration s List of Parties Excluded from Federal Procurement or Non-procurement Programs. b. The Proposer agrees to refrain from awarding any subcontractor of any amount (at any tier) to a debarred or suspended subcontractor, and to obtain a similar certification from any subcontractor (at any tier) seeking a contract exceeding $25,000. c. The Proposer agrees to provide KCATA with a copy of each conditioned debarment or suspension certification provided by a prospective subcontractor at any tier, and to refrain from awarding a subcontract with any party that has submitted a conditioned debarment or suspension certification until FTA approval is obtained. 11. Lobbying a. Pursuant to Public Law 104-65, the Proposer is required to certify that no Federal funds were used to influence or attempt to influence an officer or employee of any Federal department or agency, a member of Congress or State legislature, an officer or employee of Congress or State legislature, or an employee of a member of Congress or State legislature regarding the project(s) included in this contract. b. Proposers who use non-federal funds for lobbying on behalf of specific projects or proposals must submit disclosure documentation when these efforts are intended to influence the decisions of Federal officials. If applicable, Standard Form-LLL, "Disclosure Form to Report Lobbying", is required with the Proposer's first submission initiating the KCATA's consideration for a contract. Additionally, Disclosure forms are required each calendar quarter following the first disclosure if there has been a material change in the status of the previous disclosure. A material change includes: 1) a cumulative increase of $25,000 or more in the amount paid or expected to be paid for influencing or attempting to influence a covered Federal action; 2) a change in the person(s) or Page 22 of 50

individual(s) influencing or attempting to influence a covered Federal action; or 3) a change in the officer(s) or employee(s) or Member(s) contacted to influence or attempt to influence a covered Federal action. c. The Proposer is required to obtain the same certification and disclosure from all subcontractors (at all tiers) when the Federal money involved in the subcontract is $100,000 or more. Any disclosure forms received by the Proposer must be forwarded to the KCATA. 12. Employee Eligibility Verification a. The Proposer is required by sworn affidavit and provision of documentation, to affirm its enrollment and participation in a Federal work authorization program with respect to employees working in connection with the contracted services. b. The Proposer shall also affirm that it does not knowingly employ any person in connection with the contracted services who does not have the legal right or authorization under Federal law to work in the United States as defined in 8 U.S.C. 1324a(h)(3). c. The Proposer is required to obtain the same affirmation from all subcontractors at all tiers. 13. Proposer Status and Affirmative Action a. All firms doing business with the KCATA must be a registered vendor, and must be in compliance with the Authority's EEO and Affirmative Action requirements. Firms may be considered for certification by the KCATA for such compliance by completing the information required in the Vendor Registration Form (Attachment E). However, firms that are currently in compliance need not duplicate this information. Please contact KCATA's Procurement Department at (816) 346-0254 to verify affirmative action compliance status. b. The FTA s EEO Program objectives are to ensure that FTA applicants, recipients, subrecipients, contractors and/or subcontractors (which include all businesses wishing to do business with KCATA) abide by Federal Transit Laws, 49 U.S.C. 5332(b). c. Firms that do not have a current Affirmative Action compliance certification with the KCATA must submit the following documents: i. A copy of its current Affirmative Action Program and/or Policy statement and a completed Workforce Analysis Report (Attachment H1). Form AA1 or EEO-1 may be substituted. ii. A current certificate of Affirmative Action compliance from a local government agency may be submitted in lieu of a program or policy statement. iii. A letter requesting exemption from filing an Affirmative Action Program if your firm has twenty-five (25) or fewer employees. A signed, notarized letter on company letterhead listing the employees, their race, gender, job title and annual salary must be submitted. d. For questions on these requirements, or assistance in completing the forms, please contact KCATA s DBE and Grants Specialist at cmoore@kcata.org. Page 23 of 50

4.4 Proposal Submission Requirements Cost Proposal KCATA anticipates awarding a stipulated sum contract AIA Contract A-101 Standard Form of Agreement between Owner and Contractor, 2007 Edition and AIA Document A-201, 2007 General Conditions (modified to include Federal Transit Administration and KCATA Contract Conditions. KCATA reserves the right to make a single or multiple awards, between project scopes or site locations, as determined to be in the best interest of the Authority. A proposal response form/itemized bid sheet has been provided for each of the project packages to be priced. DO NOT DEVIATE FROM THE USE OF THESE FORMS. A. Detailed and summary cost proposal forms are attached. Cost Proposal(s) shall be submitted in a separate, sealed envelope per RFP Instructions. DO NOT INCLUDE COST PROPOSALS with other Submitted Proposal Documents Separate Technical and Contractual Submissions per Section 4.3. B. The costs included in the cost proposal should include all items of labor materials, and other costs necessary to perform the contract. Transportation costs, offloading, installation and other costs associated with the delivery and ultimate installation of fabricated equipment should be included in price proposal. Any items omitted from this RFP which are clearly necessary for the completion of the work being proposed should be considered part of the work though not directly specified or called for in this RFP. C. Proposer understands that pay applications submitted for this project work shall identify subcontractors, if applicable, the amount of payment to the subcontractor for each pay application period as well as cumulative total paid to the subcontractor for the term of the contract. If subcontractor is certified as Disadvantaged Business Enterprise (DBE) this shall be identified on the Subcontractor Utilization Form submitted with each monthly payment application. 4.5 Basis for Contract Award A. This is a Best Value, competitive, negotiated source selection. Award of contract, if made, will be made to the responsive and responsible Proposer whose offer conforming to the solicitation is judged by an integrated assessment of the evaluation criteria to be the most advantageous to the Authority, price/cost and other factors considered. For this procurement, all evaluation factors other than cost/price, when combined are significantly more important than cost/price. B. KCATA may select other than the lowest cost/priced, technically acceptable offer if it is determined that the additional technical merit offered is worth the additional cost in relation to other proposals received. KCATA is more concerned with obtaining excellent technical features than with making an award at the lowest overall cost/price to the Authority. However, the Authority will not make an award at a significantly higher overall cost to achieve only slightly superior technical features. C. Offerors are further cautioned that KCATA may not necessarily make an award to the Proposer with the highest technical ranking if doing so would not represent the best value to KCATA. For evaluation purposes, if proposals become more technically equivalent, than cost/price becomes more important and may be the deciding factor. 4.6 Technical Proposal Evaluation Criteria A. Proposals will be evaluated by the Evaluation Committee on the basis of the following criteria. These factors are shown in the order of importance for consideration: 1. Cost/Price 2. Production Resources and Capability/Scheduling 3. Past Performance and References 4. Experience/Qualifications Page 24 of 50