Request for Proposals Transit Integrated Reservation

Request for Proposals

Transit Integrated Reservation, Scheduling, and Dispatching Software

RFP # 2020-008

All Points Transit 431 South 2nd Street Montrose, CO 81401

August 10, 2020

All Points Transit RFP # 2020-008 Page 2 of 50

TABLE OF CONTENTS

1.0 INTRODUCTION ................................................................................................................ 4

2.0 INSTRUCTIONS TO PROPOSERS ........................................................................................ 5

1. PROPOSAL FORMAT FOR SUBMISSION ......................................................................................... 5

2. TERMS AND CONDITIONS ............................................................................................................ 5

3. DUE DATE ................................................................................................................................... 5

4. CONTACT INFORMATION AND QUESTION SUBMISSION ................................................................ 5

5. AMENDMENTS TO THE REQUEST FOR PROPOSALS ........................................................................ 6

6. ACCEPTANCE AND REJECTION ...................................................................................................... 6

7. TIME FOR CONSIDERATION .......................................................................................................... 6

8. PAYMENT TERMS ........................................................................................................................ 6

9. DEVIATIONS FROM SPECIFICATIONS............................................................................................. 6

10. INFORMATION AND DESCRIPTIVE LITERATURE.......................................................................... 7

11. CONFIDENTIALITY OF PROPOSALS ............................................................................................ 7

12. PRE-PROPOSAL CONFERENCE ................................................................................................... 7

13. PRICING/CONTRACTING TIMEFRAMES ..................................................................................... 7

14. CONFLICTS OF INTEREST ........................................................................................................... 8

15. POST AWARD DEBRIEF ............................................................................................................. 8

16. PROTEST PROCEDURES ............................................................................................................ 8

17. PROPOSAL SUBMISSION REQUIREMENTS ................................................................................. 8

18. REQUESTED PROPOSAL FORMAT ............................................................................................. 9

A. Technical Submission Contents .................................................................................................... 9

Executive Summary ............................................................................................................................. 9

Background and Experience ................................................................................................................. 9

System Description............................................................................................................................ 10 Core System ............................................................................................................................................................... 10 Hosting ...................................................................................................................................................................... 10

Project Implementation Plan ................................................................................................................. 10

Project Team .................................................................................................................................... 12

Ongoing Support Services .................................................................................................................. 12

References ....................................................................................................................................... 12


B. Cost Proposal ............................................................................................................................ 12

19. Colorado Department of Transportation (CDOT) and Federal Transit Administration (FTA) Requirements ................................................................................................................................... 13

3.0 TRANSIT SERVICE PROJECT SCOPE ....................................................................................... 22

1. ALL POINTS TRANSIT OVERVIEW ................................................................................................ 22

2. OVERVIEW OF APT TRANSIT SERVICES ....................................................................................... 24

3. OVERVIEW OF CALL CENTER/AGENCY PRACTICES ....................................................................... 32

4. OVERVIEW OF APT’S CURRENT TECHNOLOGY ............................................................................ 33

5. OVERVIEW OF APT’S BILLING/CONTRACTS ................................................................................. 35

4.0 REQUESTED SYSTEM FEATURES/SPECIFICATIONS ........................................................... 37

1. GENERAL FEATURES NEEDED ..................................................................................................... 37

2. DETAILED RESERVATION/DISPATCHING/FLEET LOCATION FEATURES NEEDED ............................. 40

3. ADD-ON FEATURES .................................................................................................................... 46

5.0 PROPOSAL SELECTION PROCEDURE ..................................................................................... 48

1. EVALUATION CRITERIA ............................................................................................................... 49

2. EVALUATION PROCEDURES ........................................................................................................ 49


1.0 INTRODUCTION Sealed proposals shall be received by the Montrose County Senior Citizens Transportation, Inc. dba All Points Transit (APT) on or before September 18, 2020, 4:00 PM Mountain Daylight Time - MDT, for a demand response trip reservation, dispatch, and wireless fleet communications system, along with associated computerized fleet location and communications hardware. The product should fully support APT’s transit service demand response (DR), deviated fixed route (DFR), volunteer driver, and other programs as described in this Request For Proposal (RFP) document. Proposals received after the date and time specified above shall be considered late and not be considered.

APT is seeking a “best value” proposal. APT reserves the right, in its sole and exclusive discretion, to accept or to reject any and all proposals, in whole or in part. All proposals shall be subject to all applicable federal, state, and local laws, including those imposed by the Colorado Department of Transportation (CDOT) as CDOT is funding a portion of this project. Proposal documents shall be clearly marked with the RFP number and shall be mailed or delivered to: All Points Transit – APT ATTN: Sarah Curtis Executive Director 431 South 2nd Street Montrose, CO 81401 [email protected] The anticipated schedule for selection of a Proposer is as follows:

Request for Proposal Released August 10, 2020

Advertisement August 10, 2020

Deadline for Questions/Clarifications Regarding the RFP August 19, 2020

APT Response to Questions/Clarifications August 28, 2020

Proposals Due September 18, 2020

Demonstrations/Interviews October 1, 2020

Notice of Intent to Award October 9, 2020

Contract Award October 23, 2020

mailto:[email protected]


2.0 INSTRUCTIONS TO PROPOSERS

1. PROPOSAL FORMAT FOR SUBMISSION

APT requires one (1) complete electronic copy of the proposal provided on a flash drive of all proposal documents. Technical proposals must be separated from pricing in a two different electronic files and appropriately labeled.

2. TERMS AND CONDITIONS

All proposals are subject to the provisions specified in this RFP. Terms and conditions included as a part of published price lists, catalogs, and/or other documents submitted as a part of the proposal are waived and will have no effect either on the proposals or any contract which may be awarded by APT as a result of the proposal. The attachment of any other terms and conditions may be grounds for rejection.

3. DUE DATE

Sealed proposals must be received no later than 4:00 PM MDT on September 18, 2020.

4. CONTACT INFORMATION AND QUESTION SUBMISSION

For questions or additional information, contact APT’s Executive Director via email: Sarah Curtis, [email protected]. Include the RFP number on the subject line of all email correspondence.

Proposers are encouraged to contact the Executive Director if there is any language in the RFP terms or specifications that would prevent from submitting a proposal. Electronic submissions are the preferred method of answering questions, although written submissions via mail will be accepted and must be must be received no later than August 19, 2020 @ 4:00 p.m. MDT. Please note, any specification deviations should be held and submitted with the proposal and not provided at the time of initial question submission. The intent of this RFP is to provide a platform for proposers to propose a product and solution that best meets the scope of work without restriction.

No oral communication will be accepted. Questions and responses will be posted on APT’s website for all proposers to reference by close of business, August 28, 2020. Any modifications to the RFP resulting from a question will be in the form of an Addendum to the RFP and will be made available to all interested proposers through the APT website. APT will not be bound by any oral communications or written interpretations or clarifications that are not set forth in an addendum.

mailto:[email protected]


5. AMENDMENTS TO THE REQUEST FOR PROPOSALS

Any amendments to the solicitation will be posted via addenda on the APT website at https://www.allpointstransit.com/planning-projects/. The proposer will be required to acknowledge the receipt of all amendments/addenda as part of the proposal package.

APT reserves the right to modify the proposal closing date and/or time. If proposers have already

submitted their proposals to APT when the proposal closing date and/or time is modified, APT will afford those proposers the opportunity to revise or withdraw their proposals.

APT may issue addenda to the RFP. Addenda, if any, will be issued at least five calendar days prior to the proposal closing date. Any addendum issued less than five calendar days prior to the closing date will, if necessary, contain a provision modifying the proposal closing date to a date that will provide proposers adequate time to respond to the addendum.

APT reserves the right to cancel or withdraw in whole or in part this RFP at its sole discretion. Proposers will be notified in the event the RFP is cancelled via the APT website.

6. ACCEPTANCE AND REJECTION

APT reserves the right to reject any and all proposals, to waive any informality in proposals, and unless otherwise specified by the offer, to accept any item in the proposal. If either a unit price or extended price is obviously in error or the other price is obviously correct, the incorrect price will be disregarded. APT reserves the right to make partial, progressive or multiple awards where it is advantageous to award separately by items; or where more than one supplier is needed to provide the contemplated requirements as to quantity, quality, delivery, service, geographical areas, or other factors deemed by APT to be pertinent or peculiar to the purchase in question.

7. TIME FOR CONSIDERATION

The offer shall be valid for 120 days from the date of proposal opening.

8. PAYMENT TERMS

Payment terms will be negotiated at the time of contract based on project milestones.

9. DEVIATIONS FROM SPECIFICATIONS

Any deviation from specifications indicated herein must be clearly stated by the proposer in writing at the time of proposal; otherwise, all items offered by proposer shall be in strict compliance with these specifications, and the successful proposer will be held responsible.

https://www.allpointstransit.com/planning-projects/


This paragraph shall not be construed as inviting or permitting any deviation whatsoever by the proposer from the stated specifications, or implying that any such deviation will be acceptable to APT.

10. INFORMATION AND DESCRIPTIVE LITERATURE

Each proposer must submit with its proposal descriptive literature and/or complete specifications covering the products offered. Reference to literature submitted with a previous proposal or discussion does not satisfy this provision.

11. CONFIDENTIALITY OF PROPOSALS

Access to records received by, or generated by, APT is governed by State of Colorado law. Any information the proposer judges to be proprietary data should be clearly marked as proprietary information.

12. PRE-PROPOSAL CONFERENCE

A pre-proposal conference will not be held. Proposers are to submit any questions for clarification in writing no later than August 19, 2020 @ 4:00 p.m. MDT.

13. PRICING/CONTRACTING TIMEFRAMES

Pricing (cost) information is required in accordance with Section 18 of this section of the RFP with the intent to receive pricing for all five years of service at the time of proposal, to include hosting, maintenance, and service fees for baseline modules.

A five-year contract option will be offered by APT, the draft language is provided as Appendix B. The anticipation would be to negotiate an initial two year contract that includes one year optional renewals for three additional years, with a not to exceed contract term of five total years. Additional one year terms will be awarded based on contractor performance in areas such as ability to communicate with contractor when needed, timely resolution of issues, and providing necessary training.

Proposers are to identify in their proposal content if this contract option is feasible, the initial contract language is acceptable, and/or note any concerns or issues ahead of potential award and contract.


14. CONFLICTS OF INTEREST

Proposer must identify any conflicts of interest that exist related to past, present, or planned activities or interests, financial or otherwise, with regard to APT or organizations that may be substantially affected by APT activities. In the absence of any known conflict of interest, the proposer shall submit in its proposal a statement that no conflicts of interest exist.

15. POST AWARD DEBRIEF

A post-award debriefing will be provided to unsuccessful proposers upon written request. APT shall provide the following information, as applicable:

• A summary of the APT evaluation of the proposer’s proposal, including any noted deficiencies or weaknesses.

• A scoring summary, including final rating, for each evaluation criteria for the debriefed proposer.

• A summary of rationale for award.

16. PROTEST PROCEDURES A proposer wishing to protest an award or an intent to award a contract must submit the protest, in writing, to APT no later than ten calendar days after the notice of intent to award is issued. The protest must include the basis for the protest and the relief sought. Within ten calendar days after receipt of the protest, the Executive Director of APT will issue a written decision stating the reasons for the action taken. This decision is final.

17. PROPOSAL SUBMISSION REQUIREMENTS

Proposers that submit proposals in response to this RFP must have the capability of providing some or all of the services requested. APT assumes no obligation of any kind for expenses incurred by any respondent to this solicitation. All submittals become the property of APT and will not be returned. The submittal shall meet the following requirements or will be deemed non-responsive and will not be eligible for consideration of this project. APT highly encourages disadvantaged, minority, and women-owned firms to respond.

A. Responsive Proposal/Responsible Contractor Submission Requirements

• Proposals shall be signed by an officer authorized to bind the proposer and shall contain a statement to the effect that the proposal constitutes a firm offer for 120 days from the last day of receipt of proposals set forth herein.

• Proposers are to include a statement listing and acknowledging any addenda issued by APT.


• Provide a brief profile of the firm, the year founded, number and location of offices, number of employees, and a general description of the firm’s financial situation to include any conditions (e.g. bankruptcy, pending litigation, planned office closures, impending merger) that may impede the proposer’s ability to complete the project.

• Each criterion for selection must be addressed, along with all technical submission and cost proposal requirements.

• All federal requirements and certifications must be signed and agreed to by an officer authorized to bind the proposer. This includes the federal certifications regarding Lobbying and Debarment and Suspension provided in Appendix A. With the Debarment and Suspension certification submission, please also include proof of the proposer’s active www.sam.gov registration.

• Late submittals, or those delivered in a format other than what is defined in the RFP, will be deemed non-responsive and will not be considered for the project.

18. REQUESTED PROPOSAL FORMAT

There is a minimum twelve (12)-point font requirement for the basic text of the entire submittal. Any charts, graphs, table of organizations, etc., must be of readable size.

A. Technical Submission Contents

Proposers shall structure their proposals according to the following sections. The proposer shall

describe its platform and approach to delivering the system.

Executive Summary The purpose of the Executive Summary is to provide a brief description of the proposal to the

Selection Committee members. Explain how the proposed software will facilitate APT system

goals for providing cost-efficient, customer responsive, public and Medicaid non-emergent

transportation.

Background and Experience

Proposers shall provide vendor information in order to demonstrate the vendor’s ability to

design, implement, and maintain the proposed solution. Information shall include the size

of the firm, the number of years in business, and the number of clients, as well as corporate

office locations and location from which support services will be provided.

Proposers shall also describe their experience on similar projects including at least one agency

of similar size and makeup to APT.

http://www.sam.gov/


System Description Proposers shall describe how the proposed system will address the requirements identified in the specifications section of this RFP. This shall include explanation of current system capabilities, future plans, and the timeline for deployment of the required features. This includes identifying whether the functionality is provided by existing proven deployments or would need to be developed or customized to meet the requirements of this contract. Capabilities and features should be described in the context of the items as noted in the RFP and its detailed requirements. Benefits gained from using the proposer’s product to meet the objectives of this project should be described. The vendor shall identify all items necessary to fully implement this project. The vendor shall include an assessment of APT’s existing computer systems and technologies, and identify what, if any, APT computer systems upgrades will be needed. If the detailed specifications outlined by this RFP document do not address all functional elements of a particular proposer’s software product(s), the proposer should incorporate those items in their response and its cost. The intent is that this project will convert key systems so that APT can start operating a more robust computerized reservation/dispatch center and fleet.

Core System Proposers shall provide responses to at minimum the following items:

1. Describe the overall proposed solution.

2. Describe the overall capabilities of the solution. 3. Describe proposed system architecture.

4. Describe configuration and functionality of the solution.

5. Describe procedures to add new products.

Hosting 1. Provide a service level agreement, including tiers of service, response times,

and standard metrics.

2. Describe data center and storage facilities.

3. Describe security capabilities of the proposed system, including firewalls,

backup storage, and antivirus software encryption.

4. Describe change management, upgrade, and patch management policies and

practices.

Project Implementation Plan

Proposers shall provide information on the following elements of their work plan:

1. Project Execution Plan

2. Project approach, to include describing interaction with APT staff.

3. Work plan, to include how major milestones in the process should be

identified.

4. Schedule


5. Testing

6. System Recovery Plan

Alternative Implementation Plan Proposer shall also identify and provide an alternate implementation plan, that would allow initial purchase costs, in accordance with needed items as noted in this RFP, for APT to phase-in over time. (For example, if there may be logical appropriate subsets of APT’s services that could feasibly start to use the new software and wireless fleet location system/tablets equipment over time. Or, if there may be logical appropriate scheduling modules or features requested in this RFP that might feasibly be added over time). The alternate implementation plan shall be for all tasks to be completed within a two to three-year timeframe.

Proposed Wireless Fleet Location/Communications Design If any components of the proposer’s wireless fleet location/fleet communications will require permanent installations, either on-board vehicles or at a fixed location, the proposer should include additional design details related to this proposed system. Information should include: proposed placement of any antennas, utility boxes, routers, mounting brackets, or hard-wire junction boxes. It should include where, and how, any on-board components would also be installed.

Annual Maintenance/Support Contract(s) Proposer shall outline key terms to be included in the vendor’s annual software support and maintenance contract. The vendor should outline what software or hardware modifications, technical support, software or hardware upgrades, or support staff hours are included. The proposer shall supply the vendor’s regular staff support days and hours, any after-hours on-call support hours, the number of dedicated support staff available, and their qualifications/experience and availability. If this information is different for software and hardware components of this project, the vendor should break out this information as needed.

Training Plan Proposers should outline details about the training of appropriate individuals that relates to the requirements in this RFP and its detailed specifications provided on page 37. This section of the proposal should identify course content, type of training (classroom, hands on, train the trainer, on-line, other), and the number of vendor led session staff hours that will be provided. Proposers should indicate when the training is proposed to be held, with respect to schedule software implementation, and where it is proposed to be held. The training plan should include the use, operation, configuration, and maintenance of the automated fleet location and communications components/tablets of this project. The training plan should comport to the vendor’s implementation plan and its cost proposal.


Project Team Proposers shall provide names, titles, and relevant experience of all proposed project personnel, including subcontractors, in the form of detailed resumes, and shall include a project organization chart describing the proposed structure of the project personnel and detailed roles of Project Managers and Key Leads. If any subcontractors are included, proposer should specify which tasks they will complete.

Ongoing Support Services Proposers shall provide a description of their proposed ongoing support services including responses to, at minimum, the following:

1. Post “go live” support that is included in the proposal response

2. Telephone support

3. Help Desk services

4. Toll-free support line

5. Users group

References Provide at least three references for similar services performed within the past five years

including types of service performed and points of contact by name, title, address, phone number, and email address. References related back to rural transit service system is preferred.

B. Cost Proposal Proposers should identify the following items as part of their base cost proposal. This proposal shall correspond with the vendor’s implementation plan. Each item must be listed separately and include the number of vendor staff hours that are being offered for each task. 1. Scheduling software/product purchase, installation, and configuration cost. 2. Database conversion, cleaning, and configuration cost. 3. Testing of all scheduling software and wireless fleet location systems. 4. Training cost. 5. Annual support and maintenance costs for years 1-5. 6. Identify any and all APT computer upgrades needed to start using the vendor’s proposed

product/systems. 7. Wireless vehicle location system/tablets purchase, configuration (and installation, if any) for

all revenue vehicles. 8. “Add-on” features, broken out by module, as identified in the RFP’s detailed specifications.

Unless indicated otherwise, the proposer’s rates shall be inclusive of all costs and shall include full compensation for all taxes, fees, materials, labor, equipment, tools, transportation, insurance, bonds, permits, overheard and profit, etc. necessary to complete the work in conformance with the contract. Please note that APT is a nonprofit 501c3 organization and is tax-exempt.


Vendors’ Cost Proposal – Alternate/Phased Project Proposers should identify the same items above as described in the vendor’s alternate/phased implementation plan. The costs for each item should be broken out by year.

19. Colorado Department of Transportation (CDOT) and Federal Transit Administration (FTA)

Requirements

While this project will be primarily funded with Colorado FASTER and local funds, FTA funds may be used in the future. As a result, federal clauses and certifications are included in this section that must be adhered to by a proposer and any subsequent contractor.

Federal clauses required by statute under 2 CFR 200.326 and DOT specific Appendix II to 2 CFR Part 200.

Energy Conservation Contractor shall comply with mandatory standards and policies relating to energy efficiency, stated in the state energy conservation plan issued in compliance with the Energy Policy & Conservation Act.

Contract Work Hours & Safety Standards Act

1. Overtime requirements No contractor or subcontractor contracting for any part of the

contract work which may require or involve the employment of laborers or mechanics shall require or permit any such laborer or mechanic in any workweek in which he or she is employed on such work to work in excess of 40 hours in such workweek unless such laborer or mechanic receives compensation at a rate not less than one and onehalf times the basic rate of pay for all hours worked in excess of 40 hours in such workweek.

2. Violation; liability for unpaid wages; liquidated damages In the event of any violation of the

clause set forth in para. (1) of this section, contractor and any subcontractor responsible therefore shall be liable for the unpaid wages. In addition, such contractor and subcontractor shall be liable for liquidated damages. Such liquidated damages shall be computed with respect to each individual laborer or mechanic, including watchmen and guards, employed in violation of the clause set forth in para. (1) of this section, in the sum of $10 for each calendar day on which such individual was required or permitted to work in excess of the standard workweek of 40 hours without payment of the overtime wages required by the clause set forth in para. (1) of this section.

3. Withholding for unpaid wages and liquidated damages APT shall upon its own action or upon written request of USDOL withhold or cause to be withheld, from any moneys payable


on account of work performed by contractor or subcontractor under any such contract or any other Federal contract with the same prime contractor, or any other federally assisted contract subject to the Contract Work Hours & Safety Standards Act, which is held by the same prime contractor, such sums as may be determined to be necessary to satisfy any liabilities of such contractor or subcontractor for unpaid wages and liquidated damages as provided in the clause set forth in para. (2) of this section.

4. Subcontracts Contractor or subcontractor shall insert in any subcontracts the clauses set

forth in this section and also a clause requiring the subcontractors to include these clauses in any lower tier subcontracts. Prime contractor shall be responsible for compliance by any subcontractor or lower tier subcontractor with the clauses set forth in this section.

Clean Air

1. Contractor shall comply with all applicable standards, orders or regulations pursuant to the Clean Air Act, 42 USC 7401 et seq. Contractor shall report each violation to the recipient and understands and agrees that the recipient will, in turn, report each violation as required to FTA and the appropriate EPA Regional Office.

2. Contractor shall include these requirements in each subcontract exceeding $150,000

financed in whole or in part with FTA assistance. Federal clauses required by CDOT for the use of FASTER funding. Lobbying – Contractors who apply or bid for an award of $100,000 or more shall file the certification required by 49 CFR part 20, "New Restrictions on Lobbying." Each tier certifies to the tier above that it will not and has not used Federal appropriated funds to pay any person or organization for influencing or attempting to influence an officer or employee of any agency, a member of Congress, officer or employee of Congress, or an employee of a member of Congress in connection with obtaining any Federal contract, grant or any other award covered by 31 U.S.C. 1352. Each tier shall also disclose the name of any registrant under the Lobbying Disclosure Act of 1995 who has made lobbying contacts on its behalf with nonFederal funds with respect to that Federal contract, grant or award covered by 31 U.S.C. 1352. Such disclosures are forwarded from tier to tier up to the recipient.

Access to Records and Reports – The following access to records requirements apply to this Contract: 1. Where the purchaser enters into a negotiated contract for other than a small purchase or under

the simplified acquisition threshold and is an institution of higher education, a hospital or other nonprofit organization and is an FTA recipient or a subgrantee of FTA recipient in accordance with 49 CFR 19.48, contractor shall provide the purchaser, the FTA, the US Comptroller General or their authorized representatives, access to any books, documents, papers and record of the


contractor which are directly pertinent to this contract for the purposes of making audits, examinations, excerpts and transcriptions.

2. Contractor shall permit any of the foregoing parties to reproduce by any means whatsoever or

to copy excerpts and transcriptions as reasonably needed.

3. Contractor shall maintain all books, records, accounts and reports required under this contract for a period of not less than three (3) years after the date of termination or expiration of this contract, except in the event of litigation or settlement of claims arising from the performance of this contract, in which case contractor agrees to maintain same until the recipient, FTA Administrator, US Comptroller General, or any of their authorized representatives, have disposed of all such litigation, appeals, claims or exceptions related thereto. Re: 49 CFR 18.39(i)(11).

No Government Obligation to Third Parties

APT and contractor acknowledge and agree that, notwithstanding any concurrence by the US Government in or approval of the solicitation or award of the underlying contract, absent the express written consent by the US Government, the US Government is not a party to this contract and shall not be subject to any obligations or liabilities to APT, the contractor, or any other party (whether or not a party to that contract) pertaining to any matter resulting from the underlying contract. Contractor agrees to include the above clause in each subcontract financed in whole or in part with FTA assistance. It is further agreed that the clause shall not be modified, except to identify the subcontractor who will be subject to its provisions.

Termination

Termination for Convenience (General Provision): APT may terminate this contract, in whole or in part, at any time by written notice to contractor when it is in the APT’s best interest. Contractor shall be paid its costs, including contract closeout costs, and profit on work performed up to the time of termination. Contractor shall promptly submit its termination claim to APT. If contractor is in possession of any of APT’s property, contractor shall account for same, and dispose of it as the recipient directs. Termination for Default [Breach or Cause] (General Provision): If contractor does not deliver items in accordance with the contract delivery schedule, or, if the contract is for services, and contractor fails to perform in the manner called for in the contract, or if contractor fails to comply with any other provisions of the contract, APT may terminate this contract for default. Termination shall be effected by serving a notice of termination to contractor setting forth the manner in which contractor is in default. Contractor shall only be paid the contract price for supplies delivered and


accepted, or for services performed in accordance with the manner of performance set forth in the contract. If it is later determined by the recipient that contractor had an excusable reason for not performing, such as a strike, fire, or flood, events which are not the fault of or are beyond the control of contractor, the recipient, after setting up a new delivery or performance schedule, may allow contractor to continue work, or treat the termination as a termination for convenience. Opportunity to Cure (General Provision): APT in its sole discretion may, in the case of a termination for breach or default, allow contractor an appropriately short period of time in which to cure the defect. In such case, the notice of termination shall state the time period in which cure is permitted and other appropriate conditions If contractor fails to remedy to the APT’s satisfaction the breach or default or any of the terms, covenants, or conditions of this contract within ten (10) days after receipt by contractor or written notice from APT setting forth the nature of said breach or default, APT shall have the right to terminate the contract without any further obligation to contractor. Any such termination for default shall not in any way operate to preclude APT from also pursuing all available remedies against contractor and its sureties for said breach or default. Waiver of Remedies for any Breach. In the event that APT elects to waive its remedies for any breach by contractor of any covenant, term or condition of this Contract, such waiver by APT shall not limit its remedies for any succeeding breach of that or of any other term, covenant, or condition of this contract.

GovernmentWide Debarment and Suspension (Nonprocurement)

APT agrees to the following:

1. It will comply with the requirements of 2 C.F.R. part 180, subpart C, as adopted and

supplemented by U.S. DOT regulations at 2 C.F.R. part 1200, which include the following: (a) It will not enter into any arrangement to participate in the development or implementation of the Project with any Third Party Participant that is debarred or suspended except as authorized by: 1) U.S. DOT regulations, “Nonprocurement Suspension and Debarment,” 2 C.F.R. part 1200, 2) U.S. OMB, “Guidelines to Agencies on Governmentwide Debarment and Suspension (Nonprocurement),” 2 C.F.R. part 180, including any amendments thereto, and 3) Executive Orders Nos. 12549 and 12689, “Debarment and Suspension,” 31 U.S.C. § 6101 note;

2. It will review the U.S. GSA “System for Award Management,” https:// www.sam.gov, if required by U.S. DOT regulations, 2 C.F.R. part 1200; and

3. It will include, and require each of its Third Party Participants to include, a similar provision in each lower tier covered transaction, ensuring that each lower tier Third Party Participant a) will comply with Federal debarment and suspension requirements, and b) reviews the “System for Award Management” at https://www.sam.gov, if necessary to comply with U.S. DOT regulations, 2 C.F.R. part 1200.

http://www.sam.gov/

http://www.sam.gov/


Civil Rights Requirements APT understands and agrees that it must comply with applicable Federal civil rights laws and regulations, and follow applicable Federal guidance, except as the Federal Government determines otherwise in writing. Therefore, unless a Recipient or Program, including an Indian Tribe or the Tribal Transit Program, is specifically exempted from a civil rights statute, FTA requires compliance with that civil rights statute, including compliance with equity in service: a. Nondiscrimination in Federal Public Transportation Programs. APT agrees to, and assures that

each Third Party Participant will, comply with Federal transit law, 49 U.S.C. § 5332 (FTA’s “Nondiscrimination” statute): (1) FTA’s “Nondiscrimination” statute prohibits discrimination on the basis of: (a) Race, (b) Color, (c) Religion, (d) National origin, (e) Sex, (f) Disability, (g) Age, or (h) Gender identity and (2) The FTA “Nondiscrimination” statute’s prohibition against discrimination includes: (a) Exclusion from participation, (b) Denial of program benefits, or (c) Discrimination, including discrimination in employment or business opportunity, (3) Except as FTA determines otherwise in writing: (a) General. Follow: 1. The most recent edition of FTA Circular 4702.1, “Title VI Requirements and Guidelines for Federal Transit Administration Recipients,” to the extent consistent with applicable Federal laws, regulations, and guidance, and 2. Other applicable Federal guidance that may be issued, but (b) Exception for the Tribal Transit Program. FTA does not require an Indian Tribe to comply with FTA program specific guidelines for Title VI when administering its projects funded under the Tribal Transit Program.

b. Nondiscrimination – Title VI of the Civil Rights Act. APT agrees to, and assures that each Third

Party Participant will: (1) Prohibit discrimination based on: (a) Race, (b) Color, or (c) National origin, (2) Comply with: (a) Title VI of the Civil Rights Act of 1964, as amended, 42 U.S.C. § 2000d et seq., (b) U.S. DOT regulations, “Nondiscrimination in FederallyAssisted Programs of the Department of Transportation – Effectuation of Title VI of the Civil Rights Act of 1964,” 49 C.F.R. part 21, and (c) Federal transit law, specifically 49 U.S.C. § 5332, as stated in the preceding section a, and Except as FTA determines otherwise in writing, follow: (a) The most recent edition of FTA Circular 4702.1, “Title VI and Title VIDependent Guidelines for Federal Transit Administration Recipients,” to the extent consistent with applicable Federal laws, regulations, and guidance. (b) U.S. DOJ, “Guidelines for the enforcement of Title VI, Civil Rights Act of 1964,” 28 C.F.R. § 50.3, and (c) Other applicable Federal guidance that may be issued.

c. Equal Employment Opportunity. (1) Federal Requirements and Guidance. APT agrees to, and assures that each Third Party Participant will, prohibit discrimination on the basis of race, color, religion, sex, or national origin, and: (a) Comply with Title VII of the Civil Rights Act of 1964, as amended, 42 U.S.C. § 2000e et seq., (b) Facilitate compliance with Executive Order No. 11246, “Equal Employment Opportunity,” as amended by Executive Order No. 11375, “Amending Executive Order No. 11246, Relating to Equal Employment Opportunity,” 42 U.S.C. § 2000e note, (c) Comply with Federal transit law, specifically 49 U.S.C. § 5332, as stated in section a, and (d) Comply with FTA Circular 4704.1 other applicable EEO laws and regulations, as


provided in Federal guidance, including laws and regulations prohibiting discrimination on the basis of disability, except as the Federal Government determines otherwise in writing, (2) General. APT agrees to: (a) Ensure that applicants for employment are employed and employees are treated during employment without discrimination on the basis of their: 1 Race, 2 Color, 3 Religion, 4 Sex, 5 Disability, 6 Age, or 7 National origin, (b) Take affirmative action that includes, but is not limited to: 1 Recruitment advertising, 2 Recruitment, 3 Employment, 4 Rates of pay, 5 Other forms of compensation, 6 Selection for training, including apprenticeship, 7 Upgrading, 8 Transfers, 9 Demotions, 10 Layoffs, and 11 Terminations, but (b) Indian Tribe. Title VII of the Civil Rights Act of 1964, as amended, exempts Indian Tribes under the definition of "Employer". (3) Equal Employment Opportunity Requirements for Construction Activities. In addition to the foregoing, when undertaking “construction” as recognized by the U.S. Department of Labor (U.S. DOL), the Recipient agrees to comply, and assures the compliance of each Third Party Participant, with: (a) U.S. DOL regulations, “Office of Federal Contract Compliance Programs, Equal Employment Opportunity, Department of Labor,” 41 C.F.R. chapter 60, and (b) Executive Order No. 11246, “Equal Employment Opportunity,” as amended by Executive Order No. 11375, “Amending Executive Order No. 11246, Relating to Equal Employment Opportunity,” 42 U.S.C. § 2000e note.

d. Disadvantaged Business Enterprise. To the extent authorized by applicable Federal law, APT

agrees to facilitate, and assures that each Third Party Participant will facilitate, participation by small business concerns owned and controlled by socially and economically disadvantaged individuals, also referred to as “Disadvantaged Business Enterprises” (DBEs), in the Project as follows: 1) Requirements. APT agrees to comply with: (a) Section 1101(b) of Map21, 23 U.S.C. § 101 note, (b) U.S. DOT regulations, “Participation by Disadvantaged Business Enterprises in Department of Transportation Financial Assistance Programs,” 49 C.F.R. part 26, and (c) Federal transit law, specifically 49 U.S.C. § 5332, as stated in section a, (2) Assurance. As required by 49 C.F.R. § 26.13(a), (b) DBE Program Requirements. Recipients receiving planning, capital and/or operating assistance that will award prime third party contracts exceeding $250,000 in a Federal fiscal year must: 1. Have a DBE program meeting the requirements of 49 C.F.R. part 26, 2 Implement a DBE program approved by FTA, and 3 Establish an annual DBE participation goal, (c) Special Requirements for a Transit Vehicle Manufacturer. APT understands and agrees that each transit vehicle manufacturer, as a condition of being authorized to bid or propose on FTAassisted transit vehicle procurements, must certify that it has complied with the requirements of 49 C.F.R. part 26. APT provides assurance that: APT shall not discriminate on the basis of race, color, national origin, or sex in the award and performance of any DOTassisted contract or in the administration of its DBE program or the requirements of 49 C.F.R. part 26. APT shall take all necessary and reasonable steps under 49 C.F.R. part 26 to ensure nondiscrimination in the award and administration of DOTassisted contracts. CDOT’s DBE program, as required by 49 C.F.R. part 26 and as approved by DOT, is incorporated by reference in this agreement. Implementation of this program is a legal obligation and failure to carry out its terms shall be treated as a violation of this agreement. Upon notification to CDOT of its failure to carry out its approved program, the Department may impose sanctions as


provided for under 49 C.F.R. part 26 and may, in appropriate cases, refer the matter for enforcement under 18 U.S.C. § 1001 and/or the Program Fraud Civil Remedies Act of 1986, 31 U.S.C. § 3801 et seq., (2) Exception for the Tribal Transit Program. FTA exempts Indian tribes from the Disadvantaged Business Enterprise regulations at 49 C.F.R. part 26 under Map21 and previous legislation.

e. Nondiscrimination on the Basis of Sex. APT agrees to comply with Federal prohibitions against discrimination on the basis of sex, including: (1) Title IX of the Education Amendments of 1972, as amended, 20 U.S.C. § 1681 et seq., (2) U.S. DOT regulations, “Nondiscrimination on the Basis of Sex in Education Programs or Activities Receiving Federal Financial Assistance,” 49 C.F.R. part 25, and (3) Federal transit law, specifically 49 U.S.C. § 5332, as stated in section a.

f. Nondiscrimination on the Basis of Age. APT agrees to comply with Federal prohibitions against

discrimination on the basis of age, including: (1) The Age Discrimination in Employment Act (ADEA), 29 U.S.C. §§ 621 – 634, which prohibits discrimination on the basis of age, (2) U.S. Equal Employment Opportunity Commission (U.S. EEOC) regulations, “Age Discrimination in Employment Act,” 29 C.F.R. part 1625, which implements the ADEA, (3) The Age Discrimination Act of 1975, as amended, 42 U.S.C. § 6101 et seq., which prohibits discrimination against individuals on the basis of age in the administration of programs or activities receiving Federal funds, (4) U.S. Health and Human Services regulations, “Nondiscrimination on the Basis of Age in Programs or Activities Receiving Federal Financial Assistance,” 45 C.F.R. part 90, which implements the Age Discrimination Act of 1975, and (5) Federal transit law, specifically 49 U.S.C. § 5332, as stated in section a.

g. Nondiscrimination on the Basis of Disability. APT agrees to comply with the following Federal

prohibitions pertaining to discrimination against seniors or individuals with disabilities: (1) Federal laws, including: (a) Section 504 of the Rehabilitation Act of 1973, as amended, 29 U.S.C. § 794, which prohibits discrimination on the basis of disability in the administration of federally funded programs or activities, (b) The Americans with Disabilities Act of 1990 (ADA), as amended, 42 U.S.C. § 12101 et seq., which requires that accessible facilities and services be made available to individuals with disabilities, 1 General. Titles I, II, and III of the ADA apply to FTA Recipients, but 2 Indian Tribes. While Titles II and III of the ADA apply to Indian Tribes, Title I of the ADA exempts Indian Tribes from the definition of “employer,” (c) The Architectural Barriers Act of 1968, as amended, 42 U.S.C. § 4151 et seq., which requires that buildings and public accommodations be accessible to individuals with disabilities, (d) Federal transit law, specifically 49 U.S.C. § 5332, which now includes disability as a prohibited basis for discrimination, and (e) Other applicable laws and amendments pertaining to access for elderly individuals or individuals with disabilities, (2) Federal regulations, including: (a) U.S. DOT regulations, “Transportation Services for Individuals with Disabilities (ADA),” 49 C.F.R. part 37, (b) U.S. DOT regulations, “Nondiscrimination on the Basis of Disability in Programs and Activities Receiving or Benefiting from Federal Financial Assistance,” 49 C.F.R. part 27, (c) U.S. DOT regulations, “Transportation for Individuals with Disabilities: Passenger Vessels,” 49 C.F.R.


part 39, (d) Joint U.S. Architectural and Transportation Barriers Compliance Board (U.S. ATBCB) and U.S. DOT regulations, “Americans With Disabilities (ADA) Accessibility Specifications for Transportation Vehicles,” 36 C.F.R. part 1192 and 49 C.F.R. part 38, (e) U.S. DOJ regulations, “Nondiscrimination on the Basis of Disability in State and Local Government Services,” 28 C.F.R. part 35, (f) U.S. DOJ regulations, “Nondiscrimination on the Basis of Disability by Public Accommodations and in Commercial Facilities,” 28 C.F.R. part 36, (g) U.S. EEOC, “Regulations to Implement the Equal Employment Provisions of the Americans with Disabilities Act,” 29 C.F.R. part 1630, (h) U.S. Federal Communications Commission regulations, “Telecommunications Relay Services and Related Customer Premises Equipment for Persons with Disabilities,” 47 C.F.R. part 64, Subpart F, (i) U.S. ATBCB regulations, “Electronic and Information Technology Accessibility Standards,” 36 C.F.R. part 1194, and (j) FTA regulations, “Transportation for Elderly and Handicapped Persons,” 49 C.F.R. part 609, and (3) Other applicable Federal civil rights and nondiscrimination guidance.

h. Drug or Alcohol Abuse Confidentiality and Other Civil Rights Protections. APT agrees to comply

with the confidentiality and civil rights protections of: (1) The Drug Abuse Office and Treatment Act of 1972, as amended, 21 U.S.C. § 1101 et seq., (2) The Comprehensive Alcohol Abuse and Alcoholism Prevention, Treatment and Rehabilitation Act of 1970, as amended, 42 U.S.C. § 4541 et seq., and (3) The Public Health Service Act, as amended, 42 U.S.C. §§ 290dd – 290dd2.

i. Access to Services for People with Limited English Proficiency. Except as the Federal

Government determines otherwise in writing, APT agrees to promote accessibility of public transportation services to people whose understanding of English is limited by following: 1) Executive Order No. 13166, “Improving Access to Services for Persons with Limited English Proficiency,” August 11, 2000, 42 U.S.C. § 2000d1 note, and (2) U.S. DOT Notice, “DOT Policy Guidance Concerning Recipients’ Responsibilities to Limited English Proficiency (LEP) Persons,” 70 Fed. Reg. 74087, December 14, 2005.

j. Other Nondiscrimination Laws. Except as the Federal Government determines otherwise in writing, APT agrees to: (1) Comply with other applicable Federal nondiscrimination laws and regulations, and (2) Follow Federal guidance prohibiting discrimination.

k. Remedies. Remedies for failure to comply with applicable Federal Civil Rights laws and Federal regulations may be enforced as provided in those Federal laws or Federal regulations.

Disadvantaged Business Enterprise (DBE)

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. The national goal for participation of Disadvantaged Business Enterprises (DBE) is 10%.

b. The contractor shall not discriminate on the basis of race, color, national origin, or sex in the


performance of this contract. The contractor shall carry out applicable requirements of 49 CFR Part 26 in the award and administration of this contract. Failure by the contractor to carry out these requirements is a material breach of this contract, which may result in the termination of this contract or such other remedy as the municipal corporation deems appropriate. Each subcontract the contractor signs with a subcontractor must include the assurance in this paragraph (see 49 CFR 26.13(b)).

c. If no separate contract goal has been established, the successful proposer will be required to report its DBE participation obtained through raceneutral means throughout the period of performance.

d. The contractor is required to pay its subcontractors performing work related to this contract for satisfactory performance of that work no later than 30 days after the contractor’s receipt of payment for that work from APT. In addition, the contractor may not hold retainage from its subcontractors or must return any retainage payments to those subcontractors within 30 days after the subcontractor's work related to this contract is satisfactorily completed or must return any retainage payments to those subcontractors within 30 days after incremental acceptance of the subcontractor’s work by APT and contractor’s receipt of the partial retainage payment related to the subcontractor’s work.

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


3.0 TRANSIT SERVICE PROJECT SCOPE

1. ALL POINTS TRANSIT OVERVIEW

Montrose County Senior Citizens Transportation, Inc. dba All Points Transit (APT) is a 501c3 non-profit organization based in Montrose, Colorado. APT’s service area spans more than 4,000 rural square miles in western Colorado. The area includes all of Montrose, Delta, San Miguel, and Ouray counties. APT is the only public transit agency in Montrose, Delta and Ouray counties, and offers not only general public transit service but also door-to-door and driver/operator assistance for seniors and persons with disabilities. APT operates both demand-response and deviated fixed routes (flex routes) in its primary service area, with certain additional trips provided for residents to nearby Grand Junction, Colorado. APT also operates a certain number of subscription trips each week for clients of social service agencies by contract. In 2019, APT provided a total of 76,696 trips. Its customer service and call center are located, along with its primary fleet operations facility, in Montrose, Colorado. APT has 29 total service vehicles, consisting of ADA compliant vans and body-on-chassis (BOC) cutaway buses of varying capacities, which it directly operates. Normal daily peak vehicle utilization is 25 which the agency operates from three overnight parking locations. APT operates five days per week, approximately 255 days per year. Funding for its services come primarily from Federal, State, and local government sources, including Medicaid and Area Agency on Aging programs. It also receives funding from area hospitals, clinics, foundations, and rider fares. APT also serves as the region’s Mobility Management transportation coordination resource. As such, its call center is tasked with providing information and coordinating transportation for externally operated transportation services in the region. APT’s call center is currently scheduling rides operated on vehicles externally owned and operated by the local Disabled American Veterans (DAV). APT also works with the Tri-County Health Network to facilitate a volunteer driver program. Both partner agencies services and trips will be incorporated into APT’s reservation and dispatch software.

General – Existing Overall Agency Statistics Total number of trips provided (2019) 76,696

Number of demand-response trip type (2019) 42,275

Number of flex-route trip type (2019) 34,421

Total agency service area (sq. mi) Montrose County (2243) Delta County (1149) San Miguel County (1289) Ouray County (542) Total: 5,223 sq. mi. External trips also operate to Grand Junction, CO

Total agency service area population Montrose County (42,758) Delta County (30,953)


San Miguel County (3,679) Ouray County (2,026) Total: 79,416

Service area large towns (population) Montrose (19,512) Delta (8,920) Telluride (2,484) Cedaredge (2,266) Olathe (1,825) Paonia (1,462) Ridgway (1,016) Ouray (1,010)

Other unrelated transit in area The City of Telluride operates a fully separate frequent general public fixed route in Telluride. The San Miguel Authority for Regional Transportation (SMART) operates commuter shuttle services. CDOT Operates the Bustang Intercity Bus through this region. (NOTE: All 3 services are not associated with this RFP.)

Number of clients in database Active – 3,744; Inactive – 4,006 Days of agency service per week Monday - Friday

Agency start and end times by service day 6am - 7pm

Service types operated Demand-Response, Deviated-Fixed (Flex) Routes # of service vehicles (total) 30

Maximum # of vehicles in service at peak 25

Number of call center/admin staff 10 Number of operators (full and part time) 30

Type of call/dispatch operations Centralized reservation/dispatch center (Montrose)

External agency/programs trip coordination Regional Mobility Manager Disabled American Veterans (DAV) Area Agency on Aging (AAA) Tri-County Heath Network Program for All Inclusive Care of Elderly (PACE) Medicaid Volunteer Driver Program APT (Current) Volunteer Driver Program TCHN (Future)

Key regulatory/reporting environments FTA, NTD, ADA, Medicaid, State, Local Key external funding sources FTA/CDOT/Medicaid/AAA

Local Governments Foundations/Clinics/Hospitals Fares

Billing agencies requiring client trip information

Medicaid/AAA/PACE

Agencies requiring trip data reports Medicaid/FTA/NTD/CDOT/ Foundations/ Clinics/ Hospitals/City/ County Governments


2. OVERVIEW OF APT TRANSIT SERVICES

I. APT directly operates the following rural transportation services. ‘Dial a Ride’ (Demand-Response) APT’s dial a ride program is a pre-scheduled, door-to-door, driver/operator assisted demand response service. Clients reserve rides by calling APT’s reservation center 24 hours in advance. Same day trip requests are sometimes possible, but often difficult to fit in. Vehicles are based in communities throughout three counties (Montrose, Delta, and San Miguel). Trips may be local or regional, and are based on appointment time and passenger needs. This program serves predominantly seniors and persons with disabilities. Many trips are Medicaid related. All trips are open to the general public.

Dial-A-Ride – Current Service Description

Days Monday – Friday

Hours 6am – 4pm

Advance reservation – minimum 24 hours (same day sometimes fit in) Advance reservation – maximum 2 - 3 months

Basic fares Regional: $5 (RT $10) Interregional (to Grand Jct): $10 (RT $20)

Discount fares (senior) Local: $3.50 ($7 RT) Passes offered (types) No passes currently, but desired in future. (Currently,

riders can pre-load an account and draw back on it as trips are delivered).

Number of vehicles operated at peak times 18

Vehicle type operated Vans or Cutaways

Fareboxes mounted in vehicles? No. (Operators have portable cash boxes to collect fares and donations).

MDT/tablets used with this service? Yes (tablets)

AVL/tablets used with this service? Yes (tablets)

Observed holidays with no service Memorial Day, 4th of July, Labor Day, Thanksgiving, Christmas and New Year’s Day

No-show policy 3 no shows in one month – can lose service for 30 days.

Vehicle wait time policy 20 minute ready window – can arrive 5 minutes early. 10 minute wait time. (Adjusted for certain contract requirements such as Medicaid).

Return trip policy Pre-scheduled for personal, work or shopping. “Will-call” for doctor appointments.

Personal care attendants policy PCAs ride free

External trip billing associated with this service Medicaid, AAA, PACE External reporting associated with this service Medicaid, NTD, AAA, Local Governments, CDOT/NTD,

Foundation Grants, Clinics


‘Olathe Shuttle’ (Deviated Fixed/Flex Route) APT provides a general public deviated fixed route (flex route) connecting and serving the City of Montrose and the Town of Olathe. The route is approximately 12 miles long in each direction. The bus will flex off route up to ¾ mile when either pre-scheduled or on demand.

Olathe Shuttle – Existing Service Description

Days Monday – Friday Hours 6:30am – 7pm

Number of defined bus stops 8 including Transfer

Number of buses operated 1 Basic fares $4

Discount fares $2

Passes – basic (include Montrose Public Bus) Day ($8), 1 mo. ($60), 3 mo. ($156), 6 mo. ($300) Passes – discount (include Montrose Public Bus)

Day ($4), 1 mo. ($30), 3 mo. ($78), 6 mo. ($150)

Deviations advance reservation minimum By 12 Noon, day prior

Deviation charge? $1 Deviation area ¾ mile

Vehicle type operated Cutaway (branded flex route/route deviation exterior)

Fareboxes mounted in vehicles? Yes (Non-computerized)


AVL/tablets used with this service? Yes (tablets)

External trip billing associated with this service Only for sale of passes to partner organizations External reporting associated with this service CDOT/NTD, Local Governments, AAA

‘Montrose Public Bus’ (Deviated Fixed/Flex Routes) APT provides three local service deviated fixed routes open to the general public within the City of Montrose. The routes are named: Blue, Red, and Gold. The bus will deviate off of the route up to ¾ mile when either pre-scheduled or on demand. APT plans to conduct a study in 2021 that may end up converting one or all of these routes to call-n-ride.

Montrose Public Bus – Existing Service Description

Days Monday – Friday

Hours 6:30am – 6:30pm Number of routes 3 (Blue, Red, Gold)

Number of defined bus stops 71 (among all APT services)

Number of buses operated 3 Basic fare $1.50

Discount fare $0.75

Passes basic Day ($4), 1 Mo. ($30), 3 Mo. ($78), 6 Mo. ($150)

Passes discount Day ($2), 1 Mo. ($15), 3 Mo. ($39), 6 Mo. ($75)

Transfers Allowed free only on monthly passes & day passes


Deviations? (Advance reservation period) Yes, by 12 Noon, day prior. “Free Flex Stops” are on demand.

Deviation Charge? Yes, $1.00

Deviation Area ¾ mile

Vehicle Type Operated Cutaway (branded flex route/route deviation exterior)

Fareboxes mounted in vehicle? Yes (Non-computerized)

MDT/tablets used with this service? No (to be added per this RFP) AVL/tablets used with this service? No (to be added per this RFP)

External trip billing associated with this service None

External reporting associated with this service NTD

‘Regional Medical Shuttle’ (Demand-Response)

APT is the operator of the Tri-County Health Network Regional Medical Shuttle. Cross county trips connect rural residents from San Miguel, Ouray and Montrose counties with medical services in the City of Montrose and Grand Junction. Trips are pre-scheduled on certain days of the month with trip times varying, depending on a rider’s appointment time. Trip reservations are restricted to citizens with medical appointments; however, members of the general public are also allowed on a space available basis. There are six designated pickup points. TCHN trips are scheduled and operated as a part of APT’s demand response service.

TCHN Medical Shuttle – Existing Service Description

Days Monday, Tuesday, Wednesday, Friday (up to 9 times/month)

Hours 6am – 6pm

Advance reservation - minimum Up to 48 hours in advance

Advance reservation - maximum 3 months Ridership (avg. week day, month, or annual) Annual – 500/year

Number of defined bus stops 6 designated pickup points

Average # of trip bookings per wk./mo. 38/month

Basic fare No charge for medical appointments, however a $5 donation is suggested ($10 for general purpose RT).

Discount fare Same as above

Passes None Deviations? Yes, door to door available upon request

Deviation charge? No, none

Deviation area N/A

Vehicle type operated Van Farebox mounted in vehicle? No (Operators have portable cash boxes to collect $).


AVL/tablets used with this service? Yes (tablets) External billing associated with this service TCHN, Medicaid

External reporting associated with this service Tri-County Health Network’s specific criteria


Subscription / Contract Trips APT has four contracts to provide service for clients of certain programs of area social service agencies. APT tracks clients of these programs and bills the agencies for trips taken by their clients.

Subscription/ Contract Trips – Existing Service Descriptions

VOA PACE 900 trips per month

Billing Requirements Flat rate per trip to day center or medical and/or fare covered for personal client name; date of ride; pick up/drop off address; and trip purpose.

Area Agency on Aging 1,400 trips per month

Billing Requirements Flat rate per trip for personal client name; date of ride; pick up/drop off address; trip purpose; and county of residence. Annual – Demographic information = race; ethnicity; income level; and disability.

NEMT-Intelliride 300 – 500 trips per month

Billing Requirements Flat rate ambulatory local; flat rate wheelchair local; point to point mileage on trips beyond 12 miles.

NEMT Medicaid – HCBS (non-medical)

50-200 trips per month

Billing Requirements Flat rate pre-approved for each client.

Volunteer Driver Program APT owns one vehicle that is reserved for volunteer drivers. The drivers assist with trips that APT is unable to coordinate and fit into one of its other daily trip manifests or fixed route schedules. 24-hour advance notice is typically required in order to coordinate a volunteer. Seniors 60+ do not pay a fare. All others, fare is $5 each way.

Volunteer Driver Vehicle (operated by APT) – Existing Service Description

Days Monday – Friday Hours 6am – 7pm

Advance reservation - minimum 24 hours

Advance reservation - maximum 3 months Rider fare $0 seniors; $5 all others

Number of Vehicles 1

Number of Trips per Day (month or year) 150 per year

External trip billing associated with this service

None at this time

External reporting associated with this service Reporting to Area Agency on Aging, CDOT/NTD, Private Foundations


II. APT Also Schedules Trips for These External Programs As the Area’s Mobility Managing Agency, APT’s scheduling software needs to operate with the following externally operated area services.

Expanded Volunteer Driver Program (not operated by APT) – Future Service Description

Service Model Similar to a private TNC volunteer program (Lyft, Uber, etc.)

Days Monday - Friday Hours 6am – 6pm

Advance reservation - minimum/max Preferred advance reservation – 1 week/ minimum advance is 2 working days

Rider restrictions (medical/senior/disabled only?) Rides for social determinate of health related issues; client must be SNAP eligible.

Rider fare $0

Number of trips per year (planned) 300 Number of vehicles in service at peak hour (planned) N/A

Number of trips during one peak hour (planned) N/A

Number of unique total drivers in program (planned) Current: 12; Anticipated: 20

External trip billing info associated with this service Pick up address, city, zip, county; Drop off address, city, zip, county; Date of trip; Appt. time; Pick-up time; Drop off time; Calculation of actual drive time; Client name/client #; Purpose of trip; Name of drop location; Driver name/driver #; Driver originating address, city, zip, county; and Miles traveled.

External reporting info associated with this service Client first name; Client last name; Client DOB; Age, Client gender; Client # (unique number assignment); Client race; Client ethnicity; Client preferred language spoken; Client home address; Client mailing address; Client contact phone #; Client email; Client emergency contact name/phone#; Client Medicaid #; Client household income; Driver first name; Driver last name; Driver # (unique number assignment); Driver DOB; Driver gender; Driver race; Driver ethnicity; Driver preferred language spoken; Driver home address; Driver mailing address; Driver cell #; Driver email; Driver emergency contact name/phone #; Driver car make/model/color; Driver car insurance carrier/policy #/expiration date; Driver date of “hire”; and Driver date of physical.


DAV (Operated Separately/Externally to APT) – Existing Service Description

# DAV separate Scheduling Terminals/Dispatchers N/A – Same as APT

Location(s) of DAV Fleet Overnight VA Clinic; 154 Colorado Ave., Montrose, CO Days Monday – Friday

Hours 8am – 4pm

Advance reservation - minimum/max Day before; Up to 3 months in advance Rider restrictions Limited to Veterans

Rider fare none

Number of trips per day 0 - 10

Number of vehicles at peak hours 2 External trip billing associated with this service None

External reporting associated with this service VA upon request; Local Government; Mobility Management 5310 CDOT/FTA

OVERVIEW OF APT’S FLEET APT has a total fleet of 29 vehicles. Of these, only 28 are used for all of its various rider services. There are 16 ADA compliant body on chassis standard floor cutaway buses, most having 12 seats with two (2) wheelchair locations. There are also two (2) ADA compliant low floor cutaway buses with 20 seats and two (2) wheelchair locations. APT further operates nine (9) ADA complaint vans, either being Ford (Transit/E350) or minivans (and one MV-1) and one (1) non ADA compliant sedan. Vehicles are parked overnight at strategic locations in the service area. Operators report to their vehicles. The regular maximum pull-out of all service vehicles on weekdays is 25, with 21 used in demand response and 4 dedicated to the APT’s deviated fixed (flex) routes. APT vehicles are not currently equipped with any fixed electronic location or automated dispatching equipment inside the vehicle. DR operators are currently assigned tablets for this function. In the future APT would also like DFR operators to have be assigned and using tablets.

Demand Response Fleet/Dispatch Communications

Overnight parking location/operator report (primary) 431 S. 2nd St, Montrose, CO

Overnight parking location/operator report (other) Delta, CO (5); Norwood, CO (2); Nucla, CO (1) Fare Handling by Operators In Montrose, operators turn in fares at end of

each shift. At remote locations, operators turn in fares weekly, sometimes monthly. Operators each have a portable cash box.

Mobile data terminals for operators DR operators use tablets (Samsung)

Trip manifests Primarily via tablet. Also printed out, emailed, or faxed the business day prior to their shift.

Daytime communication with operator Primarily via radio, or Skype, with trip manifests via tablet.

DR vehicles operated at peak hours 21

Fleet Maintenance Private provider in Montrose, CO


Fleet maintenance records tracking Private vendor software (Fleetio) Current scheduling/dispatching Private vendor software used (Mobilitat Easy

Rides by Synchromatics)

Deviated Fixed Route Fleet

Overnight parking location/operator report 431 S. 2nd St, Montrose, CO

Fare Handling by Operators Operators turn in farebox cash at end of each shift. DFR buses have a fixed non-computerized farebox in each vehicle.

Daytime communication with operator Primarily via radio

Mobile data terminals (tablets) for operators? No. (But, this is desired going forward.) Deviation - advance trip requests Via mailbox printed notice at report or radio.

Deviation – during trip rider requests Operators may deviate only if approved by dispatch. Dispatch makes record.

Pass Sales by Operators Operators sell only day passes. They keep paper records of sales.

DFR vehicles operated at peak hours 4

Branding Vehicles are separately branded from DR Fleet Maintenance Private provider in Montrose, CO

Fleet maintenance records tracking Private vendor software (Fleetio)

Current scheduling/dispatching Private vendor software used (Mobilitat Easy Rides by Synchromatics)

APT Volunteer Driver Vehicle

Overnight parking location/driver report 431 S. 2nd St, Montrose, CO

Fare Handling by driver Operators turn in donations at end of shift.

Trip manifests Communicated in advance by email day prior by mobility manager. Confirmed by notice in mailbox at report.

Daytime communication with operator Primarily via radio

Number of vehicles at peak 1

Fleet Maintenance Private provider in Montrose, CO

Fleet maintenance records tracking Private vendor software (Fleetio)

Current scheduling/dispatching Phone call to mobility manager and scheduled in Mobilitat Easy Rides by Synchromatics


APT Fleet Roster Unit # Year Make Model Type Notes Farebox

mounted in Vehicle?

S1 2011 Ford Fiesta Sedan Staff Car No

CP1 2013 Toyota Prius Sedan Volunteer Driver Car No

26 2009 Starcraft Allstar BOC Backup No

28 2009 Ford E350 – Pop Top Van Backup No

31 2010 Chevy Express 1500 – Pop Top Van

No

32 2012 Braun Entervan Van No

33 2013 Ford Starcraft BOC No





38 2015 StarTrans Senator II BOC No

39 2014 MV-1 DX Van No

40 2016 Glaval Universal BOC No

41 2016 Glaval Universal BOC No







48 2019 NorCal Ford Transit Van No

T-4 2013 StarTrans Senator II Low Floor BOC Backup

Yes

T-5 2015 StarTrans Senator II BOC Backup Yes

T-6 2015 StarTrans Senator II BOC Backup Yes

T-7 2016 Glaval Universal BOC Yes

T-8 2017 ARBOC SOM Low Floor BOC

Yes

T-9 2019 Elkhart Coach ECII BOC

Yes

T-10 2019 Elkhart Coach ECII BOC

Yes


3. OVERVIEW OF CALL CENTER/AGENCY PRACTICES

APT staffs and maintains a customer reservation and dispatch center in a facility that it leases from the City of Montrose. The call center is open for the general public to call Monday-Friday from 7am to 4pm. Weekend call reservation requests for APT services require a rider to leave a message which call center staff handle on Monday. APT currently utilizes a commercially available software package for trip scheduling and reservation which is Mobilitat Easy Rides.

Approximately 15% of APT demand response trips are Medicaid related. The database contains multiple levels of information regarding eligibility, conditions, and other information. There are four total workstations for two reservationists and two dispatchers on duty during peak times.

APT’s demand-response service is dispatched from its call center in Montrose, CO. Demand response operators receive communications/alerts during day via radio or Skype, and on their electronic manifest if trips are added or changed. Daily trip manifests are provided to operators via tablets that APT provides. Manifests are also printed out and placed in operators’ mailboxes at the beginning of their shifts, and emailed or faxed the business day prior to a shift. Operators do not typically use cell phones for their work. Trips are sometimes added or deleted by dispatch during the day, and trips are updated on the operators’ tablets.

APT’s deviated fixed routes originate, and are similarly supported, from its dispatch center in Montrose. Operators are in contact to dispatch via radio. Advance deviation requests are printed out in advance and placed in operators’ mailboxes prior to their shifts. Same day deviation requests (if they can be accommodated), and cancelled deviation requests, are communicated via radio. DFR operators can make a non-scheduled route deviation for an on-board rider only with dispatch approval. APT’s DFR operators currently are not using any electronic data terminals or tablets, however APT would like its DFR operators to using tablets as part of this RFP. Demand response trip reservations are taken through a “first available” fully computerized phone system. APT staff members perform the customer service function of making trip reservations, recording trip cancellations, answering questions about the service, and responding to rider requests. Schedulers take the reservation and subscription information during the phone call while simultaneously using the scheduling software to create an efficient and effective use of resources, both vehicular and human, to perform the requested trip services. The current rider database is used to access client information when the client calls. External agency subscription trips are handled by an office coordinator, who manipulates operator manifests to insert those trips into schedules. Trip reservations are made primarily via telephone requests. APT’s system has four (4) phone numbers which rollover to the available reservationist. The digital system has voicemail. APT dispatchers communicate with demand response vehicle operators during the day via hand held radios issued to operators as necessary.


Many of the APT’s demand response clients have medical appointments with variable end times, making a true time estimation for return trip pick-ups difficult. To provide a high level of service to clients, some of whom may be elderly or frail, APT’s practice is for reservationists to code return trips as “will-call.” In certain instances, depending on distance from APT’s fleet bases, schedulers may build extra time into an operator’s manifest for layover in a suitable staging area. APT’s demand-response service has a policy of waiting 5 minutes for a pickup trip. Call center reservationists and dispatchers also communicate with general public riders and fleet operators of APT’s deviated fixed/flex-route services for valid route deviation requests.

Call Center – Existing Operations

Location- primary 431 S. 2nd Street, Montrose, CO

Location of server(s) Montrose Call Center

Call center start/end times open to general public 8am – 4pm

Days of the week open to general public Monday-Friday

Dispatcher start and end times (if different) 5:30am – 7:00pm

Holidays with no service Memorial Day, 4th of July, Labor Day, Thanksgiving, Christmas, and New Year’s Day

Note: The APT call and dispatch center could move to a new location in the next 2-3 years. This RFP should include any pricing for costs associated with reconfiguring of any necessary items.

4. OVERVIEW OF APT’S CURRENT TECHNOLOGY

APT currently utilizes a commercially available software package for its trip scheduling and reservations. This software has a component that is used to track multiple sources of funding and for billing, including Medicaid. APT’S client database contains multiple levels of information regarding eligibility, conditions, and other pertinent information. APT computer servers and call center workstations are located at APT’s office in Montrose, Colorado. This building is directly owned by The City of Montrose. APT’s computer systems and components are directly owned and maintained by APT, with the exception of the server, which is owned by the City of Montrose. APT’s fleet is not currently equipped with automated vehicle location or on-board data terminals. There are no GPS units currently on any vehicles. Tablets, assigned to DR operators, provide vehicle information for DR services when on route. APT’s computer systems are currently supported by the City of Montrose IT department on a contracted basis. A dedicated project manager familiar with the APT’s technology, databases, and key operating protocols will be designated to interface with the selected vendor and facilitate the project for APT.


IT – Existing Agency Equipment Internet connection (type, speed) 1 GB Fiber

Server operating system and version Windows Server 2008

Server processor type Intel Xeon 2.00 GHz

Server memory (dram) 16 Server hard drives and storage 1.5 TB

Server SQL server 2008 R2

Server network card 1 GB Server has other software? No

Server virtualization? No

Network (MB/sec?) 1000

Network protocol (TCP/IP?) TCP/IP Workstations - number of dispatchers 3 (2 staff + 1 management team)

Workstations - number of schedulers 3 (2 staff + 1 management team)

Workstations - number of billers or data query 6 (3 primary accounting + additional mgmt. team members that might pull data)

Workstations - internet browsers used Chrome; Firefox; Explorer

Workstations - operating system Windows 10

Workstations - processor 3.0 GHz+ Workstations – memory 8+

Workstations – hard drive 500 GB+

Workstations – video card None Workstations – monitor Varies from station to station. Dispatchers have 2

monitors (primarily Dell brand).

Workstations – battery backup/surge? Yes Telephone system at call center? (fully digital) Yes

Telephone at all workstations? Yes

Telephone system has voice mail? Yes

Telephone system has a public toll-free number? No Telephone system has several phone numbers? Yes – 10 phone numbers

Telephone system rolls over to next available phone number?

Yes it can, not setup currently.

Other key software programs the new scheduling/dispatch software will need to work with.

Other than CASD program, standard software – MS Office; Adobe Pro; Quickbooks. The chosen statewide Medicaid NEMT broker vendor uses Ecolane and APT will be working in their online portal.


5. OVERVIEW OF APT’S BILLING/CONTRACTS

APT operates in a Federal Transit Administration (FTA), National Transit Database (NTD), Americans with Disabilities Act (ADA), Medicaid, and State of Colorado regulatory and operating environment. It also operates with local oversight and via externally negotiated subscription transit service contracts. Each of these regulatory entities or contracts requires a variety of reports and/or billing parameters, including for third party trip-by-trip payment. APT staff use the existing software to track a wide variety of parameters and reports. Examples of reports, with specific required variables, are provided and described on the next page. Some of APT’s existing contractual billing or pricing rules are based on: vehicle miles, vehicle hours, passenger miles, flat trip rate, shared revenue, shared mileage, or a single trip charge. APT often uses trip distances for billing purposes to be calculated using shortest path via street centerline. There is at least one contract where the APT needs to track and calculate certain particular client riders served on a trip that may be grouped with other non-group riders.

Federal and State Reports

FTA – CDOT - NTD Total Annual Operating Expenses Total Annual Operating Revenue (broken down by type: Federal/State/Local) Annual Fare Revenue by Service Type (DR/DFR) Annual Ridership by Service Type (DR/DFR) Total Annual Revenue Miles (DR/DFR) Total Annual Revenue Hours (DR/DFR) Total Annual Unlinked Passenger Trips (DR/DFR) Vehicles Operated in Maximum service (DR/DFR)

Local Reports All Points Transit Board Client Information -

Name County of Residence Mobility/Disability or Special Need Medicaid ID # or other Program ID# Ethnicity Race Age Income Level Language Payment Collection/Funder Mailing Address Phone Number Emergency Contact Notes Section

Intelliride – Medicaid NEMT Area Agency on Aging

Program for All Inclusive Care for the Elderly (PACE) Tri-County Health Network Medical Shuttle


Trip Information - Date of Trip Pick Up/Drop Off Location Pick Up/ Drop Off Time Trip Purpose Medicaid ID # or other Program ID Mileage Odometer at Pick Up and Drop Off Driver/Operator Name Ability to Collect Signature (Medicaid) – Function on MDT/Tablet Vehicle ID # Program/Provider Notes Section


4.0 REQUESTED SYSTEM FEATURES/SPECIFICATIONS

APT is seeking scheduling and dispatching software, along with associated hardware for its transit services programs listed in the scope of work that meet the following minimum software and hardware needs. 1. GENERAL FEATURES NEEDED Basic Components Needed The vendor should provide a product that will provide a demand response trip reservation, dispatch, and wireless fleet communications system. The product should fully support APT’s demand response (DR), deviated fixed route (DFR), volunteer driver, and contracted scope of work listed transportation services. Key minimum functions needed include: Basic Required Features:

• Trip Reservations Component

• Client Registration/Eligibility Component

• Scheduling System

• Mapping/Routing/ Traffic/Address Components

• Real-Time Dispatch/Fleet Monitoring

• Wireless Vehicle Location and Communications Equipment (Tablets)

• Reports and Data Analysis Features

• Trip Billing/Funding Sources Features

• Automated DR Trip Booking

• Automated DFR Real-Time “Next Bus” Arrival Prediction Information Necessary Items that are Not Mentioned in this RFP If any of the APT’s computer systems will need to be upgraded, or if APT will need certain components or processes added, that are not specifically noted in this RFP, the vendor shall clearly identify each item needed to be upgraded by APT in order to use the vendor’s product(s). The intent is for APT to have all systems and components in place to begin using the new scheduling, wireless fleet location and communications product. Performance

• The vendor’s proposed software, hardware, and system components should be fully compatible and functional.

• The vendor’s product should operate error free.

• The product should operate fast and with key functions taking as few steps as possible.

• The product and individual components should be flexible and customizable.

• The product should be efficient, its algorithms to help APT reduce operating costs.

• The product should be effective, its methods should help increase customer satisfaction.


• The product’s efficiencies and effectiveness should apply to all of APT service types regardless of funding source or trip purpose (Medicaid, general public, deviated fixed/flex route, demand response).

• The software and system should maintain, or potentially reduce, the overall number of APT staff required to maintain and operate the system.

Network Compatibility

• The vendor will supply a reservations, schedule, and dispatch product. Any necessary software components should be identified, provided, installed, and configured by the vendor. Components should be determined by the vendor as able to successfully integrate with the APT’s existing computer systems, operating software, and any APT internal downstream data systems to the extent feasible.

• The vendor will supply a product that is hosted externally, in the cloud or accessible from everywhere and not hosted locally at APT.

• The vendor should assess APT’S existing phone system and setup. If any necessary phone systems or components will need to be upgraded to meet the vendor’s recommended performance, the vendor should identify the improvements required in the proposal submission.

• If some or all of the proposer’s project will operate via internet browser connections, the vendor should assess APT’s internet connections, software, and browsers. Systems shall be determined by the vendor to be compatible and able to provide the vendor’s recommended performance of the product, and the vendor should note the needed improvements in the proposal submission.

• The vendor will supply a wireless fleet location and trip communications system. Any necessary fixed or mobile hardware components should be identified by the vendor, as well as provided, installed, and configured by the vendor. These components should be determined by the vendor to integrate, and be successfully compatible with, the vendor’s hardware and APT’s computer systems to the extent feasible.

Data Migration and Client Database

• Data conversion of APT’s existing client database will need to be migrated by the vendor into the vendor’s new system, to APT’s specifications.

• The converted database shall be accurate and free of errors.

• The vendor shall be responsible for testing converted databases for errors.

• The vendor shall be responsible for necessary data cleanup of converted files.

• The vendor will need to respect the privacy of APT’s client records.

• The vendor will need to sign a non-disclosure agreement related to client information.


Acceptance Testing

• Testing of software, components, and features should be done using APT’s own data.

• Testing should be done using all of APT’s hardware, converted data, and the project’s wireless fleet locations and communications equipment.

• Testing, with APT acceptance, should be completed prior to the start of training.

• Resulting tests should be accurate and error free, among all components, including but not limited to: billing, reporting, scheduling, routing, base map, vehicle location/MDT/Tablets/wireless fleet communication functions, reservations, and client eligibility.

Staff Training

• The vendor shall submit, as part of the proposal submission, the name of the staff who will conduct scheduling and dispatch schedule system software training, to include their resumes.

• The vendor shall submit, as part of the proposal submission, the name of the staff who will train APT staff on the operations and maintenance of the vendor’s AVL/MDT (tablet) and/or wireless fleet communications components, to include their resumes.

• The vendor should plan for reservation and dispatch software training needs for approximately four (4) schedulers/dispatchers, six (6) billing/reporting agents, and 27 bus operators. Because APT is a small agency, the vendor should plan for billing/reporting agents to be cross trained in scheduling and dispatch functionality.

• The vendor should plan for training related to the project’s wireless fleet location and communications components, including items related to any configuration and maintenance training, for approximately two (2) fleet/IT and maintenance employees.

• Vendor shall provide initial schedule, dispatch, and operations training prior to going “live.”

• The vendor shall provide follow up training approximately 6 to 8 weeks later.

• Training shall be on-site, using agency data, covering all modules of the software.

• The vendor’s trainers must be completely knowledgeable about the software version installed.

• The vendor’s trainers must know APT’s key operations and its key operating protocols.

• The vendor’s trainer should break up training in to (a) basic tasks and (b) advanced tasks.

• Training should cover all software modules needed, including billing and reporting.

• The vendor should offer the training in phases, so that staff can absorb and practice key steps.

• The vendor should describe how changes in settings will alter resulting schedules.

• The vendor should provide for training when APT staff can attend without interruption.

• The vendor shall provide all training manuals related to the software and its components.

• The vendor shall provide all operating manuals related to the software and its components.

• The vendor shall provide all operating manuals related to hardware in this RFP.

• The vendor shall provide how many hours of training is included in the proposal submission.


Ease of Use

• The vendor’s product should be easy to learn and have an intuitive interface.

• The software should be forgiving of inadvertent errors and allow backtracking without starting over.

• The software should reduce steps and facilitate fast scheduling for end-user convenience.

• Operator MDT terminals should be easy to learn and have an intuitive interface.

• The software should have configurable scheduling, routing, and reporting parameters.

Agency Long-Term Improvement Plans

• The system should be compatible with future APT plans to add electronic fareboxes.

• The system should be compatible with future automated fleet passenger counters.

• The system should be compatible with future various electronic rider fare media.

• The system should be compatible with future ‘trip-planner’ automated information.

• The system should be compatible with allowing future ADA paratransit service. Warranty and Support All product and components must include at minimum one year of warranty and support. APT has requested pricing for a five year support pricing structure. Proposers are to identify what products have extended warranties or what the pricing for extended warranties is. 2. DETAILED RESERVATION/DISPATCHING/FLEET LOCATION FEATURES NEEDED The vendor’s product should include the following items at a minimum: Client Certification and Eligibility Features

• The product must have a robust system for client certification and eligibility.

• The product should be able to certify trip eligibility for Medicaid funded trips.

• The product should be able to certify trip eligibility for other funded trips.

• The product should be able to allow multiple funding sources for one client.

• The product should have the ability to track no-shows or late cancellations.

• The product should have a client suspension(s) tracking features.

• The product should have the ability to track and allow personal care attendants (PCA) permitted by APT and calculate PCA fares, if any, per APT policy.

• The product should manage customer information such as: address, phone number, email address and location information, customer demographics, language requirements, customer mobility needs, favorite addresses or trips, and medical and disability information.

• The product’s customer information fields shall be able to be customized.


Trip Reservation and Scheduling Features

• The product shall have a robust automated demand response trip scheduling and reservation module.

• The product should work with the specific parameters of APT’s demand response services.

• The product should allow for demand response trip scheduling via a centralized APT call center, with trip inputs made by APT call center staff from call-in clients.

• The product should allow APT’s DFR schedules and stop times to be included in the system with the appropriate fixed route module.

• DFR schedules should be able to use the GTFS format so the system can provide real-time deviated fixed route bus stop prediction to riders.

• The product should support APT’s fixed route deviations.

• The product should be able to work with APT’s volunteer driver program.

• The product should allow for APT’s standing order or reoccurring trips to be utilized.

• The product shall allow flexibility in modifying scheduling parameters and weights.

• The product shall be able to improve on-time performance and fleet utilization.

• The product should retain all trip reservation data, including for cancelled trips.

• The product should have algorithms that maximize system efficiency.

• The product should have scheduling parameters that are customizable.

• The product must be able to adjust to staged overnight fleet location changes if adjusted by APT.

• The product must be able to work with existing fares and fare zones of APT.

• The product must be able to work with varying changes to costs per mile or fares for certain services, or cost changes if implemented by APT.

• The product should be able to analyze all of the particular services APT offers and offer riders the opportunity to book on any service available. For example, if a rider requests a demand response trip, but he/she can also be served on APT’s deviated fixed route/flex route, the software should notify the scheduler of this fact and offer the trip as a solution.

• The product should allow shared rides among Medicaid and general public trips.

• The product should prevent shared rides when a contract specifies only certain clients or funding sources.

• The product should document all reservations, cancelled reservations, and completed trips.

• The product should allow for individual trip reservations to be as fast, or faster, than the APT’s current average trip booking time.

• The product should have a streamlined scheduling process with as few steps as possible.

• The product should allow for periodic trip/vehicle re-optimization of standing reservations.

• The product should allow for periodic trip/vehicle re-optimization of subscription trips.

• The product should have a will-call or “I am ready” function for return trip management.

• The product should search for ways to increase the efficient use of APT’s fleet via coordinated trips of varying billing programs and APT services.

• The product should have an automated schedule and route assignment feature.

• The product should have a least cost provider assignment feature.

• The product should integrate with call center telephone technology and phones seamlessly.


• The product should automatically build routes and driving directions.

• The product should allow for the ability to prioritize trips and services using tools.

• The product should have search and sort filters for trips, runs, and services.

• The product should be able to efficiently assign operators and offer operator assignment rules.

• The product should be able to assign operator break periods.

• The product should automate certain call center reservation and scheduling functions.

• The product should have will-call management features.

• The product shall have a feature that allows APT, should it choose, to send out automated or canned trip text, email, and/or phone call reminders in advance of scheduled demand-response trips to riders. This feature shall be fully configurable by APT to allow either of the preferred communication methods as automated advance reminders to trip clients from between 48 hours in advance up to and including the scheduled trip time. The feature should incorporate and communicate any real-time updates to predicted actual arrive or leave times, if different from scheduled trip times.

Dispatching and Fleet Monitoring Features

• The product should have a continuous dispatch optimization and schedule component.

• The product should allow for APT dispatchers and call center staff to develop trip manifests for APT’s external contracted and subscription trips.

• The product should develop accurate and efficient trip manifests for operators in advance of their day.

• The product should allow for real-time dispatcher response or trip changes and to provide alerts or messages to operators.

• The product should allow for same-day operator client trip inputs into their manifests.

• The product should allow demand response operators, should they choose and have time, to add in any “walk-up” riders that may present themselves into a trip manifest.

• The product shall accurately show real-time vehicle capacity.

• The product shall provide dispatchers real-time information regarding how long it is to the operator’s next pickup/drop-off point.

• The product should have a trip incident management component related to accidents or other same day performance issues that may occur.

• The product should frequently update in real-time estimated pickup and drop-off times throughout the day based on manifest, vehicle location, and traffic.

• The product should clearly present the information to dispatchers in a sensible, user-friendly way to help dispatchers make informed service decisions.

• Service status updates should be allowed to be done manually by dispatchers if necessary.

• The product should have alert features that are customizable to show various trips to dispatchers that are either late, on will-call, or have other issues dispatchers choose.


Mapping and Fleet Routing Features

• The product must have a robust integrated and interactive mapping/routing component.

• The product should be fully integrated with reservation, schedule, and dispatch modules.

• The product should be fully integrated with the wireless fleet location and communication equipment provided.

• The product should accurately show dispatchers where APT operators are in real-time.

• The product must have a robust travel time estimating component.

• The travel time estimating component should make use of historic traffic conditions.

• The travel time estimating component should also make use of real-time traffic information.

• The product should support GTFS and Real Time GTFS support.

• The product should support rider transfer/connection protection.

• The product should allow for customizable dispatch map views and configurations.

• The product should have search capabilities for addresses and stops.

• The map should be searchable by zip codes, street names, street addresses, cities, and counties.

• The vendor shall provide a mapping product that is free of mapping errors, includes appropriate one-way street information, and is current and complete.

• The vendor shall provide mapping that is regularly updated to reflect any roadway or street changes throughout APT’s primary and secondary territories.

• Map updates provided shall be free of errors and be complete and carry forward any corrections included from previous updates.

• The vendor’s mapping, vehicle location, and vehicle communication components must be able to work in mountainous terrain, without dead spots or distortion of vehicle locations.

Trip and Rider Data Reporting Features

• The product should have a strong reporting module that is accurate and configurable.

• The product should be able to display key trip and route operational performance goals as determined by APT.

• The product should have a strong record keeping module.

• Reports must be customizable by APT, including for queries based on mobility aid riders, seniors, trips by subscription clients and other user defined parameters.

• Reports should be allowed to be created based on APT’s various service types and defined routes (demand response services and deviated fixed/flex routes).

• The product must be able to track and record actual completed trip vehicle miles.

• The product will provide complete and accurate report data as required for NTD by CDOT and FTA (see Section 3).

• The product will provide complete and accurate report data as required for Medicaid.

• The product should allow APT to query its call center statistics. Reports should be able to be exported into other formats including MS Access and Excel. Fields in these reports used by the State or others may have specific character limitations that must be available without error (to be communicated by APT if any).


• If any reports are required to be queried via database, such as MS Access or other, the vendor will support APT staff in writing Access queries as part of its annual service and maintenance contract.

Wireless Fleet Location and Communications Equipment and Systems (Tablets)

• A real-time wireless vehicle location and operator communication system and equipment should be provided for all demand response, deviated fixed route, and volunteer driver program vehicles. Existing aging tablets will be discarded by APT.

• The wireless equipment and systems shall update frequently and be error free.

• The wireless equipment and systems should be fully enabled to allow computerized dispatching, updating, and providing of operator trip manifests.

• The wireless equipment and systems should be configurable and be able to display any alerts, canned messages, operator trip manifests, rider and trip information, and schedule adherence.

• The wireless equipment and systems shall operate properly under environmental conditions encountered on vehicles to include temperature extremes, humidity, dust, power variations, shock, vibration, and EMI/RFI interference.

• The wireless equipment and systems must be robust and able in particular, to accurately function in a rural mountainous environment.

• The wireless equipment and systems must be able to operate in mountainous terrain with minimal dead spots and minimal distortions in real-time fleet locations. The systems must be able to retrieve and send data when it comes back into a wireless service area.

• The proposer shall provide the power and environmental specifications of the proposed wireless fleet equipment.

• Mobile data terminals should present information that is configurable.

• Mobile data terminals should allow operators to enter rider boarding information and rider fare collection information.

• If any fixed or permanent onboard components are part of the wireless fleet location and communications equipment, the proposer shall provide a wireless communications system design for APT approval.

• The proposer shall provide, install, and configure any vehicle wiring and connectors necessary for equipment operations.

• If any wiring and connectors are needed for the project, they shall be appropriate to on-board and other transit environments where the equipment is to be installed. The vendor’s cables shall be shielded where necessary to avoid interference problems.

• If stationary equipment, such as antennas or other fixed communications hardware, will need to be installed, equipment shall be low-profile where practicable.

• If any fixed on-board equipment will be needed to be installed, it shall be easily accessible, modular, and easily removable to facilitate maintenance and repair of the equipment.

• If any fixed on-board equipment will need to be installed, the vendor shall be responsible for inspecting each vehicle type and determining how and where the required equipment can be mounted.


Billing and Funding Features

• The product should have a strong billing module.

• The product, at a minimum, should be able to provide all the parameters to create the billing documents APT uses as noted in examples provided in Section 3 of this RFP.

• The product should be able to create invoices.

• The product should have the ability to configure and add or edit funding source(s) and the contract’s trip parameters.

• The product should have ability to define the funding source’s rider eligibility and rider trip requirements.

• The product should be able to calculate rider fares at booking.

• The product must be suitable for calculating State Medicaid client trip billing.

• The product must be suitable for calculating general public fares.

• The product should have a billing module that allows for multiple billings, based on riders being grouped from different contractual funding sources, on the same trip.

• The product must be capable of tracking DR service riders apart from Medicaid riders.

• The product must be capable of tracking third party trip payment or billing responsibility.

• The product must be capable of handling many different funding sources and billing rules as external billing agencies require different methods for pricing given their different contracts. Examples of billing differences to track include: vehicle miles, vehicle hours, passenger miles, revenue miles, flat rate, and shared revenue/miles.

• The product must be capable of using distance calculations for billing, as measured by shortest path via street centerline.

• The product must be able to provide special data for billing regarding clients served.

• The product must be able to provide data on client fares paid and owed.

• The vendor shall provide a product capable of providing customizable billing and funding queries that may be desired by APT. Query results should be made available in formats exportable to MS Excel without having to request the services of the vendor.

• If any billing and funding queries require the use of an external database query tool (such as Access), outside of the vendor’s product, the vendor will include the provision of text for such queries for APT as part of its annual support and maintenance contract.

Records Management Features

• The product must have a strong records management component.

• The product must be able to keep historical trip reservation and trip completion records.

• The product should include response time documentation.

• The product should include no-show trip management and documentation.

• The product should include trip denial documentation.

• The product should include metrics for performance monitoring and evaluation.

• The vendor shall provide a product capable of providing customizable records queries that may be desired by APT without having to request the services of the vendor. Such queries should provide information exportable to MS Excel formats.


• If any records queries require the use of an external database query tool (such as MS Access), outside of the vendor’s product, the vendor will include the provision of the text for such queries for APT as part of its annual support and maintenance contract.

Automated Booking by Customers

• The product must have a feature which allow APT’s DR customers to book trips directly via cell phone.

• The automated booking component should work for individual or grouped trips.

• The automated booking component should also work for external partner clients (i.e. external volunteer driver program).

• The product should work for client-based/externally billed DR service and for general public DR services.

• The feature should be easy to use, intuitive, and allow bookings in as few steps as possible.

• This feature should NOT include APT’s DFR deviation requests (which are limited).

• This feature should push automated notices to riders of real-time DR bus/vehicle arrival. Automated Realtime ‘Next Bus’ Arrival Prediction Information for Customers

• The product must have a feature which allows DR and DFR customers to directly receive real-time predicted next bus/vehicle arrival information.

• The information should be available for DR trips and for DFR trips at each bus stop.

• The information should be available via a cell phone application.

• The cell phone application should show the location of selected vehicles with real-time updated predicted arrival times.

• The information should separately be available via a telephone voice prompt service.

• The predictive arrival information should be accurate.

• The predictive arrival information should update regularly.

• The product should alert riders to any cancelled trip by APT. 3. ADD-ON FEATURES The following should be included as detailed and separate items in the proposal submission as potential additional features should APT determine it has the desire or funds to purchase these systems or modules. Potential Add-On Features (costs to be detailed separately):

A. Customer Complaints/Commendations Tracking B. Automated Passenger Counters and Stop-By-Stop On/Off Tracking (DFR Buses) C. Rider Alert Sign Up (Irregular Operations Messages to DFR Customers)


A. Customer Complaints/Commendations Tracking

• The product should track all customer complaints and commendations.

• The product should track complaints received via phone, phone message, or website.

• The product should be able to track any complaints based on ADA or Title VI disputes.

• The product should track any follow up needed.

• The product should be able to allow reports to be queried, in MS Excel format, or exportable to Excel.

• If any passenger boarding queries require the use of an external database query tool (such as MS Access), outside of the vendor’s product, the vendor will include the provision of the text for such queries for APT as part of its annual support and maintenance contract.

B. Automated Passenger Counters and Stop-By-Stop On/Off Tracking (DFR Buses)

• The product should count passengers boarding and alighting by stop using passive tracking means accurately.

• The product should be provided, configured, and installed by the vendor.

• The product should be verified by the vendor at installation with testing results provided to APT staff for approval.

• The product should provide boarding and alighting data reports that may be desired by APT.

• Boarding/alighting data should be able to be queried in easy to create reports.

• Queries should provide information in MS Excel format, or exportable to Excel.

• If any passenger boarding queries require the use of an external database query tool (such as MS Access), outside of the vendor’s product, the vendor will include the provision of the text for such queries for APT as part of its annual support and maintenance contract.

C. Rider Alert Sign Up for Irregular Operations Messages to Customers (DFR)

• The product should allow APT dispatchers to text or email DFR riders who sign up for the service any irregular operations associated with DFR routes.


5.0 PROPOSAL SELECTION PROCEDURE

Proposals will be evaluated, negotiated, selected, and any award made in accordance with the criteria and procedures described below. The approach and procedures are those which are applicable to a competitive negotiated procurement whereby proposals are evaluated to determine which proposals are within a competitive range. Discussions and negotiations may then be carried out with proposers within the competitive range, after which Best and Final Offers (BAFOs) may be requested. However, APT may select a proposal for award without any discussions or negotiations or request for any BAFO(s). An award, if made, will be to a qualified and responsible proposer for a proposal which is found to be in the APT’s best interest, with price and other evaluation criteria considered.

Selection of the successful proposal shall be based on the information provided by the vendor in response to the RFP and any subsequent demonstrations and/or interviews that may be conducted. Proposer demonstrations/interviews will be held solely at the option and discretion of the APT. The process for selection shall occur in the following sequence:

• Review to determine responsive proposals and responsible contractors. • Initial ranking of proposals and establish a competitive range short list. • Interview competitive range short-listed proposers (at the option and discretion of APT). • Complete scoring evaluation and determine best qualified proposer(s). • Issue notice of intent to award and contract to selected proposer(s).

A Project Selection Committee will be formed to evaluate the proposals and to make recommendations to the APT Board. This Committee may consist of APT staff and/or representatives from other stakeholder agencies. Composition of this Committee is at the sole discretion of APT. Names of the Committee members will not be released prior to the time of interviews.

APT staff will review the proposals for format to ensure conformance with the requirements of the RFP and then committee members may select finalists to a conduct demonstration/interview as a part of the Committee’s evaluation process. APT does not guarantee that a demonstration/interview will take place, thus reserving the right to select a consultant based solely on the information provided in the proposals received in response to the RFP. If demonstrations are requested, the demonstration will preferably be on-site. The demonstration should use general information, with key tasks to be demonstrated as directed by APT. APT will communicate in advance how much time to put on each aspect of the tasks to be provided in the demonstration.


1. EVALUATION CRITERIA

APT is following a “best value” approach to selecting a contractor(s). In doing so, APT may not award to the lowest priced proposer but will weigh other factors as listed below.

The following information and criteria will be used to evaluate and rank proposals and subsequent presentations.

Evaluation Criteria Point Value

Software and Hardware Component Performance 20

Software and Hardware Component Capability to Meet APT Needs 20 Experience of Proposer Team 15

Availability of Proposer Team to be Responsive to APT Needs 15 Technical Support and Quality of Training Program 15

Cost Proposal 15 TOTAL POINTS 100

2. EVALUATION PROCEDURES

APT will carry out and document its evaluations in accordance with the criteria and procedures described above. Any extreme proposal deficiencies which may render a proposal unacceptable will be documented. APT will make specific note of questions, issues, concerns, and areas requiring clarification by proposers and to be addressed with proposers which APT finds to be within the competitive range.

Proposals not within the Competitive Range. Proposers that have been determined by APT as not in the competitive range, and cannot be reasonably made to be within the competitive range, will be notified in writing via email, including the shortcomings of their proposals.

Discussions with Proposers in the Competitive Range. The proposers whose proposals are found by APT to be within the competitive range, or may be reasonably made to be within the competitive range, will be notified and any questions and/or requests for clarifications provided to them in writing. Each such proposer may be invited for a private interview(s)/demonstrations, and discussions with APT to address answers to written or oral questions, clarifications, and any facet of its proposal.

No information, financial or otherwise, will be provided to any proposer about any of the proposals from other proposers. Proposers will not be given a specific price or specific financial requirements they must meet to gain further consideration, except that proposed prices may be considered to be too high with respect to the market place or unacceptable. Proposers will not be told of their rankings among the other proposers.


Best and Final Offers (BAFO). After all interviews/demonstrations have been completed, each of the proposers in the competitive range could be afforded the opportunity to amend its proposal and make a BAFO. Please note, APT reserves the right to make an award to a proposer whose proposal it judges to be most advantageous to APT based upon the evaluation criteria, without conducting any written or oral discussions with any proposers or solicitation of any BAFOs. Therefore, proposers are encouraged to provide their best pricing at the time of original proposal submission. If a BAFO process is warranted, APT will provide instruction as to the BAFO process and evaluation requirements.

APPENDIX A: APT RFP # 2020-008 GOVERNMENTWIDE DEBARMENT AND SUSPENSION (NONPROCUREMENT)

Instructions for Certification: By signing and submitting this bid or proposal, the prospective lower tier participant is providing the signedcertification set out below.

(1) It will comply and facilitate compliance with U.S. DOT regulations, “Nonprocurement Suspension and Debarment,” 2 CFR part 1200, whichadopts and supplements the U.S. Office of Management and Budget (U.S. OMB) “Guidelines to Agencies on Governmentwide Debarment andSuspension (Nonprocurement),” 2 CFR part 180,

(2) To the best of its knowledge and belief, that its Principals and Subrecipients at the first tier:

a. Are eligible to participate in covered transactions of any Federal department or agency and are not presently:

1. Debarred,2. Suspended,3. Proposed for debarment,4. Declared ineligible,5. Voluntarily excluded, or6. Disqualified,

b. Its management has not within a threeyear period preceding its latest application or proposal been convicted of or had a civil judgmentrendered against any of them for:

1. Commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (Federal, State, orlocal) transaction, or contract under a public transaction,

2. Violation of any Federal or State antitrust statute, or,3. Commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making any false statement, or receiving

stolen property,

c. It is not presently indicted for, or otherwise criminally or civilly charged by a governmental entity (Federal, State, or local) with commission ofany of the offenses listed in the preceding subsection 2.b of this Certification,

d. It has not had one or more public transactions (Federal, State, or local) terminated for cause or default within a threeyear period preceding thisCertification,

e. If, at a later time, it receives any information that contradicts the statements of subsections 2.a – 2.d above, it will promptly provide thatinformation to FTA,

f. It will treat each lower tier contract or lower tier subcontract under its Project as a covered lower tier contract for purposes of 2 CFR part 1200and 2 CFR part 180 if it:

1. Equals or exceeds $25,000,,2. Is for audit services, or,3. Requires the consent of a Federal official, and

g. It will require that each covered lower tier contractor and subcontractor:

1. Comply and facilitate compliance with the Federal requirements of 2 CFR parts 180 and 1200, and2. Assure that each lower tier participant in its Project is not presently declared by any Federal department or agency to be:

a. Debarred from participation in its federally funded Project,b. Suspended from participation in its federally funded Project,c. Proposed for debarment from participation in its federally funded Project,d. Declared ineligible to participate in its federally funded Project,e. Voluntarily excluded from participation in its federally funded Project, orf. Disqualified from participation in its federally funded Project, and

3. It will provide a written explanation as indicated on a page attached in FTA’s TrAMS platform or the Signature Page if it or any of itsprincipals, including any of its first tier Subrecipients or its ThirdParty Participants at a lower tier, is unable to certify compliance with thepreceding statements in this Certification Group.

(3) It will provide a written explanation as indicated on a page attached in FTA’s TrAMS platform or the Signature Page if it or any of its principals,including any of its first tier Subrecipients or its ThirdParty Participants at a lower tier, is unable to certify compliance with the preceding statementsin this Certification Group.

Certification

Contractor:________________________________________________________________________________________

Signature of Authorized Official:______________________________________________Date_______/_______/_______

Name and Title of Contractor's Authorized Official:_________________________________________________________

Federal Certifications

CERTIFICATION AND RESTRICTIONS ON LOBBYING

I,_________________________________________________________________________________________hereby certify (Name and title of official)

On behalf of ___________________________________________________________________________________that: (Name of Bidder/Company Name)

No federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing orattempting to influence an officer or employee of any agency, a Member of Congress, and officer or employee of Congress, or anemployee of a Member of Congress in connection with the awarding of any federal contract, the making of any federal grant, the makingof any federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, ormodification of any federal contract, grant, loan, or cooperative agreement.

If any funds other than federal appropriated funds have been paid or will be paid to any person influencing or attempting to influence anofficer or employee of any agency, a Member of Congress, and officer or employee of Congress, or an employee of a Member ofCongress in connection with the federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submitStandard Form – LLL, “Disclosure Form to Report Lobbying,” in accordance with its instructions.

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 shallcertify and disclose accordingly.

This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into.Submission of this certification is a prerequisite for making or entering into this transaction imposed by 31 U.S.C. § 1352 (as amended bythe Lobbying Disclosure Act of 1995). 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.

The undersigned certifies or affirms the truthfulness and accuracy of the contents of the statements submitted on or with this certification andunderstands that the provisions of 31 U.S.C. Section 3801, et seq., are applicable thereto.

Name of Bidder/Company Name:_______________________________________________________________________________

Type or print name:__________________________________________________________________________________________

Signature of authorized representative:__________________________________________ Date_________/__________/_________

Signature of notary and SEAL:_________________________________________________________________________________

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APPENDIX B: APT RFP # 2020-008

Contract for Software Services DRAFT

This SERVICE CONTRACT (this “Agreement” or this “Service Contract”), effective as of XXXX is made and entered into by and between the Montrose County Senior Citizens Transportation, Inc. dba All Points Transit (APT), a 501(c)3 registered private nonprofit organization existing in the State of Colorado, with offices located at 431 South 2nd Street, Montrose, CO 81401, (hereinafter the “Customer”), and XXXX, with a registered address located at XXXX, (hereinafter the “Contractor”).

Whereas, Contractor and Customer desire to enter into a relationship in which Contractor will provide Transit Integrated Reservation, Scheduling and Dispatching Software per the accepted proposal submission in Attachment A (Statement of Work) and original RFP released by Customer in Attachment B.

Now, therefore, in consideration of the premises, and of the mutual promises and undertakings herein contained, the parties, intending to be legally bound, do hereby agree as follows:

1. DEFINITIONS

For purposes of this Agreement, the following terms shall have the following meanings:

a. “Services” means any and all services specified in the Statement of Work (as defined below). b. “Deliverables” means any tangible property, including software media, delivered to Customer under this Service Contract, as specified in the Statement of Work. c. “Project” means the combination of Services and Deliverables to be provided under this Agreement.

2. STATEMENT OF WORK

Contractor shall perform and deliver the Project as set forth in the Statement of Work and accepted proposal submission provided in Attachment A issued against and subject to the terms and conditions of this Agreement.

The work which Contractor shall perform shall be specified in the Statement of Work--attached hereto as Attachment A--which will be written under the terms and conditions of this Agreement. The Statement of Work shall specify: (i) description of Services and Deliverables, (ii) schedule for Deliverables, and (iii) price and payment schedule.

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3. TERM

The term of this Agreement shall commence on XXXX and shall continue thereafter for a period of time not to exceed 24 months, starting XXXX. One year contracts renewals will be considered after 24 months, for a period of a total contract not to exceed 60 months.

4. TERMS OF PAYMENT

a. PRICE.

Project will be performed on a milestone basis, as indicated in the applicable Statement of Work. Any additional or unscheduled Services or Deliverables to be provided by Contractor outside of the Statement of Work must be mutually agreed upon in writing signed by both parties hereto referencing this Agreement.

b. TAXES.

The Project Price does not include and Customer is not required to pay any taxes, tariffs, and any similar charges imposed upon or related to the Services or Deliverables or their delivery or use.

c. PAYMENT SCHEDULE.

Customer will receive invoices based upon a milestone payment schedule. Invoices will contain a description of the Services or Deliverables provided. Invoices are due and payable within 30 days of Contractor’s invoice date. If any invoice is not paid when due, Contractor may suspend provision of Services and/or Deliverables without liability or penalty until final resolution of the matter.

5. DELIVERABLES

Except for commercial off-the-shelf type products where the license for such products is contained in the applicable Statement of Work, Customer shall have exclusive unlimited ownership rights to all deliverables developed under this Agreement.

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6. LIMITATION OF LIABILITY

The total liability of Contractor to Customer from any cause whatsoever, will be limited to the lesser of Customer’s actual damages or the Project price paid to Contractor for those Services and Deliverables in a Project that are the subject of Customer’s claim. In no event will either party be liable for special, indirect, consequential, or incidental damages, including but not limited to loss of profits, revenues, data or power, damage to or loss of the use of products, damage to property, claims of third parties, including personal injury or death, suffered as a result of provision of Services or use of Deliverables.

7. INDEMNIFICATION

Customer shall defend, indemnify, and save Contractor harmless, at Customer’s own expense, against any action or suit brought for any loss, damage, expense or liability that may result by reason of an infringement of any patent, trademark, copyright, or trade secret based upon the normal and intended use of the Deliverables furnished to Contractor hereunder. Should any of the Deliverables furnished to Contractor hereunder become the subject of a claim of any infringement of a patent, trademark, copyright, or trade secret, Customer shall, at its option and expense, deliver non-infringing material, modify the material so that it becomes non-infringing, or procure for Contractor the right to continue using Customer’s infringing material.

Customer agrees to indemnify and hold Contractor harmless against all claims, liabilities, demands, damages, or expenses (including attorneys’ fees and expenses) arising out of or in connection with Customer’s use of the Deliverables.

8. FORCE MAJEURE

Neither party shall be liable for failure to perform, nor be deemed to be in default, under this Agreement for any delay or failure in performance resulting from causes beyond its reasonable control, including but not limited to failure of performance by the other party, acts of state or governmental authorities, acts of terrorism, natural catastrophe, fire, storm, flood, earthquake, riot, insurrection, civil disturbance, sabotage, embargo, blockade, acts of war, or power failure. In the event of such delay, the date of delivery or time of completion will be extended by a period of time reasonably necessary to overcome the effect of any such delay.

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9. DELAY OR SUSPENSION OF WORK

If Customer’s acts or failure to act causes Contractor to delay or suspend performance of Services, Contractor and Customer will mutually agree to one of the following remedies:

a. Contractor will use reasonable efforts to continue performance as practicable under the circumstances and Customer will continue to make all scheduled payments; or

b. Contractor will re-assign personnel to extend Contractor’s work schedule without liability, and Customer will pay all additional costs, if any.

Notwithstanding the above, Contractor shall have the right to invoice Customer for any work performed to date of suspension.

10. CONFIDENTIALITY

Contractor and Customer acknowledge that during the course of the performance of a Project, information of a confidential nature may be disclosed between the parties. Such information, excluding the Deliverables and any other information incident to the Deliverables that a party could reasonably be expected to be provided to the other party as contemplated hereunder, shall be considered confidential information (“Confidential Information”). Neither party has the right to disclose the Confidential Information of the other, in whole or in part, to any third party, and neither party will make use of the Confidential Information of the other for its own or a third party’s benefit or in any way use such Confidential Information other than for the purposes of performance of this Agreement without the prior written consent of the disclosing party. Each party agrees to take all steps reasonable to protect the other’s Confidential Information from unauthorized use and/or disclosure. The parties agree not to copy in whole or in part, any Confidential Information nor modify the same in any way without prior written consent from the other party. Neither party will be liable to the other for the disclosure of Confidential Information if, as shown by clear and convincing evidence, the Confidential Information: (a) is generally known to the public at the time of disclosure by the disclosing party; or (b) becomes generally known to the public through no fault of the receiving party; or (c) was lawfully in the possession of the receiving party prior to signing this Agreement; or (d) is subject to applicable United States laws or a valid court order requiring disclosure of such Confidential Information.

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11. PUBLICITY

Contractor may use Customer’s name or mark and identify Customer as a client of Contractor, on Contractor’s website and/or marketing materials. Contractor may issue a press release, containing Customer’s name, related to any award under this Agreement. Neither party will use the other party's name or marks, refer to or identify the other party for any other reason, except as established in this section, without such other party's written approval. Any approval required under this Section shall not be unreasonably withheld or delayed by either party.

12. GENERAL TERMS

This Service Contract shall be deemed to have been made, executed and delivered in the State of Colorado and shall be construed in accordance with the laws of the State of Colorado.

Notices to be given by either party under this Agreement shall be sent by certified mail or express overnight delivery, to the attention of the other party at the addresses of the parties as first set forth above.

The invalidity or unenforceability, in whole or in part, of any provision in this Agreement shall not affect in any way the remainder of the provisions herein. This Agreement may not be assigned by Customer without Contractor’s consent.

This Agreement, together with any other materials referenced in or expressly made a part of the Agreement, constitutes the final and entire Agreement between Contractor and Customer and supersedes all prior and contemporary agreements, oral or written.

The Parties hereto agree that electronic signatures shall be as effective as if originals.

In Witness Whereof, this Agreement is duly executed by the duly authorized representatives of the parties as set forth below:

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Contractor Name and Contract Address:

Signature Date

Name Title

Customer Name and Contract Address:

All Points Transit

431 South 2nd Street

Montrose, CO 81401

Signature Date

Name Title

ATTACHMENT A: Statement of Work

• Accepted Proposal

ATTACHMENT B: APT RFP Documents