2-RFP 140-251029 - FACILITY NEEDS ASSESSMENT.pdf

KTA Request for Proposal– Facility Needs Assessment RFP 140-251029

FIN-05-01172020

SECTION 1 – Notice of Request for Proposal

TITLE: Facility Needs Assessment

RFP NUMBER: 140-251029

ISSUING DATE: 4:30 PM, CST, Friday, November 7, 2025 CONTRACT TERM: Six (6) Months ISSUING AGENCY: Kansas Turnpike Authority CONTACT PERSON: Dustin Busick or Michael Cummings

1.1 Mission

The KTA is committed to engaging in transparent, fair, and equitable processes for purchasing and to provide safeguards for maintaining a procurement system of quality and integrity.

1.2 Background

1.3 General Scope of work

The Kansas Turnpike Authority is seeking proposals from qualified firms to conduct a comprehensive needs assessment study for KTA facilities located at: Wichita Headquarters, Lawrence Customer Service and its maintenance facilities (Wellington, Wichita, El Dorado, Cassoday, Emporia, Admire, Topeka, Lawrence and Bonner Springs). This engagement represents a critical planning initiative to evaluate current operations, infrastructure capacity and future requirements to meet service delivery. Respondents to this RFP should submit to the Kansas Turnpike Authority a statement of qualifications, which will address the various components set forth in this request.

The selected consultant will provide strategic analysis and recommendation to guide the KTA in determining the most appropriate path forward for facility improvements, whether through renovation, expansion, relocation or new construction. The assessment will establish baseline requirements, identify operation deficiencies, and develop preliminary options with associated cost implications to inform decision-making process.

This RFP consists of the following separate documents. All links to the documents are provided on the KTA’s Euna Procurement portal.

• RFP Facility Needs Assessment

• KORA Redacted Proposal Agreement

1.4 Contract Term

The Kansas Turnpike Authority (KTA) intends to execute a six (6) month term. The Contract will become effective upon its final execution by both parties, the satisfaction of the requirements of the KTA Contractual Provisions Form No. 236, and all other applicable legal requirements.

1.5 Contact Person and Communication Restrictions

Any communication regarding this RFP and the RFP process shall be directed to:

Dustin Busick

KTA Request for Proposal– Facility Needs Assessment RFP 140-251029

Procurement Manager 9401 E. Kellogg Dr.

Wichita, KS 67207 316-682-4537 X2306 dbusick@ksturnpike.com or

Michael Cummings 9401 E. Kellogg Dr.

Wichita, KS 67207 316-682-4537 X2603 mcummings@ksturnpike.com

From the date that this RFP is issued until the award of a Contract is announced, except for any meeting(s) specifically authorized by the Solicitation Contact Person (or designee) as part of the Proposal evaluation during the solicitation process, Proposers shall only contact the KTA Contact Person listed. There must be no contact regarding this RFP between a Proposer’s owners, officers, directors, employees, agents, contractors, subconsultants, or other parties acting on a Proposer’s behalf and any KTA employee, Agent or Evaluation Committee member. All communication must be directed through the KTA E-procurement portal as described in Section 3.1 – E-procurement Portal Registration, Acknowledgement, and Addendums. Violation of this provision may be grounds for rejection of the Proposer’s Proposal.

To be considered for this procurement, each Proposer MUST include with their Proposal all REQUIRED documents. Proposers MUST upload their Proposal to KTA’s Euna Procurement portal (https://ksturnpike.bonfirehub.com/portal/?tab=openOpportunities) no later than the date and time identified in Section 3.2 Procurement Schedule, Table 1-1, as the “Proposal Submission Deadline”. Refer to Section 3.7 Kansas Open Records Act (KORA) for information regarding confidentiality requirements.

SECTION 2 – GENERAL REQUIREMENTS

2.1 Additional Services

The KTA may, in writing, request certain Additional Services which are not part of the scope of the Proposal.

Upon receipt of the written request, the KTA and vendor shall negotiate the scope of the Additional Services, which shall be subject to the mutual written agreement in the form of a Task Order.

2.3 Proposer Qualifications and Experience

Proposer shall meet the following minimum qualifications:

• Proposer, its staff and laborers must operate within the United States of America. The KTA will not consider alternatives to this qualification.

• Proposer must be authorized and registered to do business in the State of Kansas.

• Experienced in project management and/or staff management.

• Financial stability and resources;

mailto:dbusick@ksturnpike.com mailto:mcummings@ksturnpike.com https://ksturnpike.bonfirehub.com/portal/?tab=openOpportunities

KTA Request for Proposal– Facility Needs Assessment RFP 140-251029

• Relevant key personnel experience;

SECTION 3 – INSTRUCTIONS TO PROPOSERS

Proposers shall respond only to the areas where the proposer possesses the capabilities to perform and has the available resources. Proposals submitted must be in strict compliance with the RFP. Failure to comply with all provisions may result in disqualification.

3.1 E-procurement Portal Registration, Acknowledgement, and Addendums The KTA has partnered with Euna Procurement to offer an E-procurement solution. To participate in this RFP, all proposers must be registered with the KTA on the Euna Procurement portal. The portal may be found by either going to https://www.ksturnpike.com/bids-requests or directly to https://ksturnpike.bonfirehub.com/portal/?tab=openOpportunities.

The portal will provide all required components for a successful bid. Euna Procurement offers many options to assist you in registering and completing a successful bid. However, if you continue to need assistance, you may reach out to the contact person listed in Section 1.5 – Contact Person.

Acknowledgment ensures that the Proposer receives notifications regarding the solicitation. This includes, but is not limited to, notifications advising Proposer of addendums, amendments, and clarifications to this RFP (each, an “Addendum”). Proposers should acknowledge each Addendum, if any, to this RFP.

3.2 Procurement Schedule

Table 1-1: Procurement Schedule provides a planned schedule for this RFP process, listed in the order of occurrence. KTA reserves the right to change any or all of these dates as it deems necessary or convenient in its discretion. In the event of such a date change, Proposers will be notified in accordance with Section 3.8 –

INFORMATION POSTING.

Table 1-1: Procurement Schedule Times are listed in Central Time (CT)

Issue Request for Proposal: 4:30 PM CT, Friday, November 7, 2025 Deadline for Questions regarding RFP: 4:30 PM CT, Friday, November 21, 2025 Final Authority response to Questions: 4:30 PM CT, Friday, December 5, 2025 Proposal Submission Deadline: 4:30 PM CT, Friday, December 19, 2025 Evaluation of Submitted Proposals: December 19-January 3, 2025 Interviews with Shortlist, if necessary: January 5-9, 2025 Contract Award Date: January 16, 2025

• Proposal Submittal Deadline https://www.ksturnpike.com/bids-requests

KTA Request for Proposal– Facility Needs Assessment RFP 140-251029

The responsibility for submitting a Proposal to KTA on or before the stated time and date will be solely and strictly the responsibility of the Proposer.

• Interviews KTA reserves the right to request interviews with Proposers if KTA decides that interviews are in its best interests. Proposers should be prepared to respond to specific questions regarding their proposals.

3.3 Right To Amend and Addendum

KTA reserves the right to amend, insert, or delete any item in this RFP if it is determined to be in the best interest of KTA. If it becomes necessary to revise any part of this RFP, a written addendum to the solicitation will be sent via the KTA E-Procurement portal in accordance with Section 3.8 INFORMATION POSTING. KTA expects to issue the last addendum no later than the date for KTA response to all questions completed provided in Table 1-1 Procurement Schedule. KTA will not be bound by, and the Proposer shall not rely on, any oral or written communication or representation regarding the RFP documents, except to the extent that it is contained in an addendum to these RFP Documents or in the Questions and Answers as posted on the KTA E-procurement portal. In the case of a conflict between addenda, the latest addendum shall apply.

If the KTA issues an Addendum to this RFP (whether a change to the solicitation specifications or any other modification) after a Proposal has already been submitted, the Proposer, at its discretion, may access, modify, and resubmit its Proposal to take such Addendum into account. Any submitted sealed Proposal may be updated prior to the closing date/time for submission of Proposals as set out in this RFP. A Proposer’s failure to update and resubmit a Proposal following the issuance of an Addendum will signify the Proposer’s election to leave its Proposal unmodified.

3.4 Written Inquiries and Clarifications

KTA may request written clarifications to Proposals. KTA has identified the due date for responses in Section

3.2 Procurement Schedule, Table 1-1. If the requested information is not received in a timely manner, the Proposer’s scores may be adversely affected. Questions received after the deadline will not be considered.

The KTA shall review all submitted questions and determine if the content warrants an addendum for clarification.

3.5 Proposal Submittal Requirements

In submitting a proposal, each proposer acknowledges that the KTA shall not be liable for any costs incurred therewith or in connection with costs incurred by any proposer. This RFP does not commit the KTA to award a contract; the KTA may accept or reject in whole or in part any proposal without limitation.

Proposers must submit all proposal requirements electronically on the KTA E-procurement portal. The copy shall be in searchable PDF form.

Proposals are due no later than 4:30 PM, CT, December 19, 2025.

KTA Request for Proposal– Facility Needs Assessment RFP 140-251029

By submitting a Proposal, the Proposer acknowledges it has read this RFP, understands it, and agrees to be bound by the General Conditions set forth herein. Late proposals will not be considered. All responses to this RFP must be received by the due date and time stated above.

KTA reserves the right to reject any Proposal as non-responsive if the Proposal fails to include any of the required information in the specified order, as further detailed in Section 3.13 Proposal Content Checklist.

KTA grants permission to use its logo on Proposal Submittals.

3.6 Modification and Withdrawal of Proposal

The Proposer may, without prejudice, modify or withdraw their proposal by written request, provided that the request is received by KTA prior to the proposal due date and time. Following withdrawal of the proposal, the Proposer may submit a new proposal provided that such new proposal will be received on or before the proposal due date and time.

KTA may modify any provision(s) or part(s) of the RFP at any time prior to the proposal closing date and time.

The KTA may withdraw the RFP at any time and cancel it, in whole or in part.

3.7 Kansas Open Records Act (KORA)

All materials submitted in response to this RFP become the property of KTA and subject to disclosure pursuant to the Kansas Open Records Act (“KORA”) and other laws. In the event that Proposers believe its response to the RFP contains material that is not subject to disclosure under KORA, the Proposer shall specifically identify any such materials by marking the material with “Confidential”. Additionally, for any material marked “Confidential”, Proposer must provide a legal justification letter that specifically cites the applicable exception under KORA (KSA 45-221) and provide the legal analysis that supports the Proposer’s conclusion that the material is not subject to disclosure under KORA. Proposer must also provide a 2nd “redacted proposal” that black lines all information Proposer believes is not subject to disclosure pursuant to KORA. Finally, Proposer must execute the attached Agreement concerning KTA’s disclosure of Proposer’s redacted proposal. Failure to properly identify and mark confidential information, provide the legal justification letter, provide the redacted proposal, or execute the Agreement as required will result in all information received being deemed non-confidential, non-proprietary, and subject to disclosure pursuant to KORA. After the award of Contract, the contents of all Proposals, except materials properly identified and supported pursuant to this section will be open to inspection and/or production to parties who request such records in accordance with KORA or other applicable law.

RFP proposals will not be given to individuals over the telephone. Results may be obtained after contract finalization under the Kansas Open Records Act by going to https://www.ksturnpike.com/contact and submitting a request to Kansas Open Records or by mailing a request to:

Open Records Request c/o Alan Streit

3918 SW Topeka Blvd Topeka, KS 66609 https://www.ksturnpike.com/contact

KTA Request for Proposal– Facility Needs Assessment RFP 140-251029

3.8 Information Posting

It is the responsibility of all prospective Proposers interested in responding to this RFP to routinely check the KTA E-procurement portal. You may access it through the KTA website at https://www.ksturnpike.com/bids-requests or directly at: https://ksturnpike.bonfirehub.com/portal/?tab=openOpportunities. The KTA will conduct all communications through the portal, such as revisions, question responses, addenda, changes to the schedule, and announcements. Any questions submitted regarding the RFP contents are not guaranteed to be answered by the KTA.

3.9 Policy Statement

This procurement shall be conducted in accordance with all applicable Federal and State laws and regulations, and the policies and procedures of KTA, as those may be amended. All future amendments to any such laws, regulations and applicable KTA policies and procedures shall be applicable to this procurement.

3.10 Subcontracts

Proposers shall not delegate, subcontract or assign all or any portion of the services to any third party without prior written consent of the KTA. Any such arrangements must be clearly listed with a detailed description of the arrangements. Proposers shall cause any third party to comply with all the terms of this RFP and any subsequent executed contract.

3.11 Waivers

KTA may waive minor informalities or irregularities in Proposals received where such is merely a matter of form and not substance, and the correction or waiver of which is not prejudicial to other Proposers. Minor irregularities are defined as those that will not have an adverse effect on KTA’s interest and will not affect the price of the Proposals by giving a Proposer an advantage or benefit not enjoyed by other Proposers.

3.12 RFP Inquiries and Notices

Any questions regarding this RFP shall be directed in writing through the Euna E-procurement portal. Only inquiries submitted through the portal will be accepted by KTA, and only written responses will be binding upon KTA. Any inquiries received after the deadline referenced in Table 1-1 may or may not be answered by KTA at KTA’s sole determination. All answers to inquiries will be posted on the KTA’s Euna Portal.

The RFP Number and Title must be referenced in all correspondence pertaining to this solicitation.

3.13 Proposal Content Checklist

The following items are provided to ensure all bid requirements are met and submitted for a successful proposal and are provided on the KTA’s portal. FAILURE TO SUBMIT THE FOLLOWING LIST OF DOCUMENTS MAY RESULT IN PROPOSAL REJECTION. Vendors are instructed to utilize this checklist and include the initialed list with their Proposal submission.

Table 1-2 Proposal Content Checklist Completed and signed RFP Document: Initials: Date:

Completed Appendix B: Pricing Sheet (BT-23YJ): Initials: Date:

https://www.ksturnpike.com/bids-requests https://www.ksturnpike.com/bids-requests

KTA Request for Proposal– Facility Needs Assessment RFP 140-251029

SOW Proposal as outlined in Section 3.14: Initials: Date:

Copies of all Addenda: Initials: Date:

KORA Legal Justification Letter (if applicable): Initials: Date:

KORA Redacted Proposal Agreement (if applicable): Initials: Date:

Copy of KORA redacted proposal (if applicable): Initials: Date:

• Completed and signed RFP. Upload a PDF copy of RFP# 180-250224 with a completed signature page, acknowledging a review of the RFP procedures and all Appendices. A signed copy of the RFP indicates acknowledgement and adherence to KTA’s Contractual Provisions form no. 236.

• Scope of Work Proposal. Indicate which sections are included in the Proposal.

• Completed Appendix B – Pricing Sheet (BT-23YJ). Proposers may access the Appendix B – Pricing Sheet on the KTA’s Euna Procurement portal.

• Copies of any Addenda. Copies of all issued addenda must be included in the Proposal as acknowledgement of receipt.

• KORA Redacted Proposal. Refer to Section 3.7 Kansas Open Records Act (KORA) for more information on KORA requirements.

• KORA Legal Justification Letter. Refer to Section 3.7 Kansas Open Records Act (KORA) for more information on KORA requirements.

• KORA Redacted Proposal Agreement. (Optional) Refer to Section 3.7 Kansas Open Records Act (KORA) for more information on KORA requirements.

3.14 Scope of Work Proposal Format

The submission should be concise, provide relevant information and exclude marketing materials. Do not include pricing in the Scope of Work Proposal.

• Cover Letter – This section must have a letter of introduction on company letterhead summarizing the proposal and signed by an individual authorized to execute legal documents on behalf of the proposer.

• Table of Contents – This section must contain a comprehensive table of contents of material identified by sequential page numbers and by section reference numbers.

• Company Profile – This section is designed to provide a brief history, mission and relevant experience in providing facility needs services for transportation or office facilities.

• Relevant Experiences – Examples of similar projects.

KTA Request for Proposal– Facility Needs Assessment RFP 140-251029

• Project Team – The key personnel, their experience, and their roles in the project.

• Timeline – This section includes a project schedule that includes all major activities and milestones.

Detail the approach to providing the services in the timeframe specified and identify major challenges and risks and how these will be mitigated.

• References – This section will contain a minimum of three (3) references from similar organizations that have implemented the proposed solution.

• Evidence of Insurability/Insurance/Applicable License – All bidders shall submit evidence of required insurance. Insurance requirements are detailed in Section 5.9 Insurance.

• Exceptions – This section will contain any exceptions that the proposer cannot agree to within this RFP including any proposed revisions in Appendix C – Exceptions. Exceptions may be submitted through the link in the requested information on the KTA E-procurement portal.

3.15 Cost Proposal

The cost proposal shall be submitted separately from the Scope of Work Proposal on the KTA’s Euna Procurement portal. Appendix B – Pricing Sheet (BT-59CU) is provided to allow proposers to electronically submit pricing.

3.16 Confidentiality and Non-Disclosure Statement

Each Proposer agrees that any information accessed or gained by it in the course of the procurement under this RFP or, if applicable, in performance duties under the Contract will be maintained in confidence and will not be released, discussed, or made known to any party or parties for any reason whatsoever, except as required to perform the duties required or where disclosure is required by law or mandated by a court of law.

Each Proposer must execute a “Confidentiality and Non-Disclosure Statement” and return it to KTA. The Confidentiality and Non-Disclosure Statement is located under the REQUIRED FORMS section of this RFP (Appendix C).

SECTION 4 – SCOPE OF WORK

The selected vendor will be responsible for conducting a needs assessment for the following facilities, included and not limited to:

- Wichita Headquarters and Retail Center, 9401 E Kellogg, Wichita, KS 67207

- Wellington Maintenance Facility, 850 E 10th Ave (MP 19), Wellington, KS 67152

- Wichita Maintenance Facility, 9401 E Kellogg, Wichita, KS 67207

- Wichita Maintenance Facility, 600 S 127th St E, Wichita, KS 67207

- El Dorado Maintenance Facility, 3122 W Central, El Dorado, KS 67042

- Cassoday Maintenance Facility, 15676 NE State Rd 177, Cassoday, KS 66842

- Emporia Maintenance Facility, 4200 W Highway 50 (MP 127), Emporia, KS 66801

- Admire Maintenance Facility, Highway 56 & I-335, Admire, KS 66830

KTA Request for Proposal– Facility Needs Assessment RFP 140-251029

- Topeka Maintenance Facility, 3939 SW Topeka Blvd, Topeka, KS 66609

- Retail Center, 1035 N 3rd St Ste 102, Lawrence, KS 66044

- Lawrence Maintenance Facility, 201 N McDonald Dr (MP 202) Lawrence, KS 66044

- Bonner Springs Maintenance Facility, 18215 Metro Ave (MP 217), Tonganoxie, KS 66086

Project Phases and Deliverables

Phase 1:

Facility Services Evaluation The consultant shall conduct a comprehensive evaluation of current services and operations within the existing facilities. The analysis should include:

- Assessment of department space utilization and functional efficiency

- Review of current staff levels and personnel growth requirements

- Evaluation of public access patterns and service delivery points

- Assessment of conference room and facility requirements

- Provide Facility Condition Index score to evaluate building health

Space Planning and Functional Analysis

- Measurement and documentation of existing square footage by department

- Analysis of space allocation efficiency and utilization rate

- Identification of overcrowded or underutilized areas

- Evaluation of security and access control systems

- Analysis of parking availability and accessibility compliance

Regulatory and Compliance Assessment

The consultant must evaluate compliance with applicable codes and regulations:

- Americans with Disabilities Act accessibility compliance review

- Fire and life safety system evaluation

- Energy efficiency and sustainability performance evaluation

- Security and emergency management capability review

Site and Facility Condition Review

The consultant will incorporate KTA staff assessment of existing property and facility conditions and develop:

- Structural system evaluation and remaining useful life analysis

- Building envelope condition and energy performance evaluation

Preliminary Options Development

Based on assessment findings, the consultant shall develop preliminary facility options:

KTA Request for Proposal– Facility Needs Assessment RFP 140-251029

- Renovation scenarios with varying levels of improvement

- Expansion alternatives utilizing existing site capacity

- New construction options on current or alternative sites

- Phased implementation approaches for large-scale improvements

- Hybrid solutions combining renovation and new construction elements

Preliminary Cost Analysis

High-level cost estimates shall be provided for each preliminary option:

- Construction cost ranges based on current market conditions

- Soft costs including design, permitting, and project management

- Temporary relocation costs during construction phases

- Infrastructure improvement requirements and associated costs

- Preliminary operational cost implications for each option

Phase 2

Architectural and Engineering Analysis

Building upon Phase 1 findings, detailed technical analysis shall include:

- Conceptual design development with block diagrams and space layouts

- Preliminary architectural concepts reflecting operational needs

- Site planning alternatives with parking and accessibility considerations

- Structural engineering evaluation for renovation and expansion scenarios

- Mechanical and electrical system sizing and preliminary design concepts

- Sustainable design strategies and energy efficiency measures

- Technology infrastructure planning for current and future needs

Advanced Cost Estimation

Refined cost analysis shall provide detailed financial projections:

- Detailed construction cost estimates based on conceptual designs

- Comprehensive soft cost projections including contingencies

- Life-cycle cost analysis comparing operational expenses across options

- Value engineering recommendations to optimize cost-effectiveness

- Cost escalation projections based on anticipated project timelines

- Risk assessment and contingency planning for cost management

KTA Request for Proposal– Facility Needs Assessment RFP 140-251029

Operational Impact Assessment

Comprehensive analysis of operational implications shall address:

- Staffing requirements and organizational efficiency improvements

- Maintenance and facility management cost projections

- Energy consumption and utility cost implications

- Space utilization optimization and departmental productivity gains

- Public service delivery enhancement opportunities

- Long-term operational flexibility and adaptability considerations

Implementation Planning and Project Roadmap

A detailed implementation strategy shall provide:

- Preferred option recommendation with supporting rationale

- Comprehensive project timeline with critical milestones

- Phasing strategies to maintain operations during construction

- Risk mitigation strategies for schedule and budget management

- Governance and decision-making framework for project advancement

- Procurement strategy recommendations for subsequent project phases

SECTION 5 – PROPOSAL EVALUATION

An evaluation and negotiation process will be conducted using a Best Value process to allow KTA to award the Contract to the Proposer providing the Best Value and recognizing that Best Value may result in an award to other than the lowest price or highest technically qualified Proposal. By using this method, the overall ranking may be adjusted up or down by the Evaluation Committee when considered with or traded off against other non-price factors. “Best Value” procurement methods are authorized in accordance with KTA Policies and Procedures.

The award decision is made based on multiple factors, including firm qualifications and pricing. The intent of “Best Value” procurement is to enable Contractors to offer and the KTA to select the most suitable proposal, meeting the business objectives defined in the solicitation and to keep all parties focused on the desired procurement outcome.

5.1 Pass / Fail Screening

Proposals will be unsealed on the due date and checked for completeness. Proposals which are incomplete will not be evaluated further. Completeness includes all Proposal sections, correctly completed forms, and required information. Each Proposal will subsequently be reviewed to ensure that the Proposer meets the minimum Proposer project experience qualifications. Proposers who did not meet the Pass / Fail Screening will be notified immediately after the screening is complete. Proposers are advised that KTA is not obligated to ask

KTA Request for Proposal– Facility Needs Assessment RFP 140-251029 for, or accept after the Proposal due date, data that is essential for a complete and thorough evaluation of the Proposal.

5.2 Scope of Work Evaluation

The evaluation process will consist of a quantitative scoring and ranking of the Scope of Work Proposals to ascertain which Proposer best meets KTA's needs for collections purposes. The Scope of Work Proposals will be evaluated on their material content and their responsiveness, and degree of adherence to contents set forth in this document. The Evaluation Committee will review and evaluate the other related Contract information submitted to ensure that the Proposer understands the Scope of Work and has clearly expressed its intent to meet the requirements of the Contract.

• Preliminary Scope of Work Scoring. Following Scope of Services Proposal review, the Evaluation Committee will score with maximum potential points for each Proposal as shown in Table 1-3 below.

• Oral Presentations and Interviews. KTA may or may not choose to invite compliant Proposers to participate in oral presentations and interviews. The oral presentations and interviews and any required demonstrations conducted therein will provide an opportunity for the Evaluation Committee to further its understanding of the Scope of Service Proposals.

5.3 Price Evaluation

Upon completion of the Scope of Work evaluations, the Evaluation Committee will separately review the Pricing Sheet. The Evaluation Committee will then apply the formula provided below in Section 4.4 – Consolidated Evaluation and Points, Table 1-3 to the total price provided in each Proposal to calculate the price score.

5.4 Consolidated Evaluation and Points

The Scope of Services Proposals will be weighted at 80 percent of the total score on a 100-point scale. Price Proposals will be weighted at 20 percent of the total score. Price scores are calculated using the following formula: (lowest price / proposed price) x maximum possible Price Proposal points (20) = Proposer’s awarded points. The overall Proposals are scored as shown in Table 1-3 below:

Table 1-3 Elements and Maximum Possible Points

Proposal Elements Maximum Possible Points

Proposal Section 1: Firm Qualifications and/or Key Personnel 50

Proposal Section 2: Approach to Providing the Requested Scope of Services 20

Proposal Section 3: Additional Services Provided 5

Proposal Section 4: Conformance with the

RFP 5

KTA Request for Proposal– Facility Needs Assessment RFP 140-251029

Maximum Possible Services Proposal 80 Maximum Possible Price Proposal Points (Exhibit B) 20

Maximum Possible Total Consolidated Score 100

After the initial Consolidated Scope of Services and Price evaluation has been completed and initial scores ranked, the Evaluation Committee will decide regarding Best Value for KTA. Once the numerical scoring as well as other factors are considered, the Finalist Proposer(s) will be selected.

5.5 Negotiations

KTA may elect to negotiate with one or more Finalist Proposers. Should negotiations with one Proposer not be successful, KTA reserves the right to negotiate with the next ranked Proposer or Proposers at KTA’s sole discretion.

SECTION 6 – AWARD AND EXECUTION OF CONTRACT

6.1 Notification of Award

Following evaluation and negotiations, KTA may execute a Contract with the successful Proposer. KTA will deliver a notification of award letter via e-mail. KTA shall notify all Proposers of the final results. Anyone requesting a final bid tabulation may request an emailed copy once an award has been communicated. KTA will issue an original contract for execution by the successful Proposer(s). After the contract is executed by KTA, a duplicate copy will be mailed back to the Contractor. The original copy will be retained in the KTA Office.

6.2 Validity of Proposal

The Proposals submitted shall be valid for a minimum period of one hundred twenty days (120) after Proposal due date. No work shall be performed in connection with the Scope of Work until a contract has been fully executed, delivered, and a Notice to Proceed issued.

6.3 Confidentiality and Data Security

The Contractor shall maintain strict security of all KTA data and records entrusted to it or to which the Contractor gains access, in accordance with and subject to applicable federal and State laws, rules, regulations, and policies. Contractor shall use any such data and records only as needed for the performance of its obligations under the Contract. If Contractor utilizes a subcontractor, Contractor shall obtain specific written assurance, and at KTA’s request, provide a copy to the KTA, that the subcontractor shall maintain this same level of security of all data and records entrusted to or accessed by the subcontractor and agree to the same obligations as the Contractor.

The Contractor agrees that the Contractor, and its employees, agents, and subcontractors will hold confidential and not divulge to third parties without the written consent of the KTA any information obtained by the Contractor from or through the KTA in connection with the Contractor’s performance under the

KTA Request for Proposal– Facility Needs Assessment RFP 140-251029

Contract, unless (a) the information was known to the Contractor prior to obtaining same from the KTA and was not obtained under a secrecy obligation to the KTA; or (b) the information was at the time of disclosure to the Contractor, or thereafter becomes, part of the public domain but not as a result of fault or an unauthorized disclosure of the Contractor or its employees, agents or subcontractors; or (c) the information was obtained by the Contractor from a third party who did not receive the same, directly or indirectly, from the KTA and who had, to the Contractor’s knowledge and belief, the right to disclose the same.

6.4 Independent Contractor

Nothing in this Contract shall be deemed to constitute the Contractor or any of the Contractor’s employees or agents to be representatives or employee of the KTA. The Contractor shall be an independent Contractor and shall have responsibility for and control over the details and means for performing the work and shall be subject to the directions of the KTA only with respect to the scope and general results required.

6.5 Assignment

The Contractor shall not assign the Contract, in whole or in part, voluntarily, by operation of law, or otherwise without first obtaining the written consent of the KTA. Any assignment of the Contract in violation of the foregoing shall be, at the option of the KTA, void. Subject to the foregoing, the provisions of the Contract shall extend to the benefit of and be binding upon the successors and assigns of the parties hereto.

6.6 Contract Termination

The facility needs services detailed in this section are to be performed on a contractual basis. The term of this agreement will begin on the effective date as agreed upon by both parties. A contractual period will begin the implementation period. The initial contract will be for one year.

Failure to comply with the provisions agreed upon by the Contractor may be deemed a breach of contract and be cause for termination of the agreement.

The KTA may terminate this contract, or any part of this contract, for cause under any one of the following circumstances:

• The Contractor fails to make delivery of services as specified in this contract;

• The Contractor provides substandard quality of services;

• The Contractor fails to perform any of the provisions of this contract or so fails to make progress as to endanger performance of this contract in accordance with its terms.

The KTA or its designated representative shall provide Contractor with written notice of the conditions endangering performance. If the Contractor fails to remedy the conditions within fourteen (14) days from the receipt of the notice (or such longer period as KTA may authorize in writing), the KTA shall issue the Contractor a ninety-day (90) notice of contract termination.

KTA Request for Proposal– Facility Needs Assessment RFP 140-251029

6.7 Indemnity

The Contractor has the absolute and entire responsibility and liability for all damage, loss of injury of any kind, direct or indirect, to any person (including death) or property (except as otherwise provided in the Contract) arising out of or in any manner based on the performance by Contractor under the Contract or caused by or resulting from the performance of any work on or relating to the Contract. Contractor shall, to the fullest extent permitted by law, indemnify and hold harmless the KTA against all losses, claims, damage, expenses (including attorneys’ fees and costs) and liabilities sustained or incurred by the KTA by reason of any act, omission, conduct, negligence or default by Contractor or subcontractor or their respective employees and agents. Except as may be otherwise provided by applicable law of any Governmental KTA, the KTA’s right to indemnification shall not be impaired or diminished by any act, omission, misconduct, negligence or default (other than gross negligence or willful misconduct) of the KTA or any employee or agent of the KTA who contributed or may be alleged to have contributed thereto.

6.8 Publicity

The Contractor agrees to make no news release and shall not issue any advertising pertaining to work or the Contract without first obtaining the written approval of the KTA.

6.9 Insurance

Before commencing work for KTA and as a condition of payment, the contractor shall purchase and maintain insurance, including workers compensation insurance, that will protect it from claims arising out of its operations under this agreement, whether the operations are performed by the contractor, or any of its consultants or subcontractors or anyone directly or indirectly employed by any of them, or by anyone for whose acts any of them may be liable, and, at a minimum, coverage and limits must meet the requirements as outline below. Liability insurance coverage indicated below must be considered as primary and not as excess insurance to any coverage carried by KTA and shall be non-contributory. Contractor shall furnish a certificate evidencing such coverage, with KTA named as an additional insured on a primary and non-contributory basis, except for professional liability, workers’ compensation, and employer’s liability. Certificate shall be provided prior to award of contract. Certificate shall remain in force during the duration of the project/services and will not be canceled, non-renewed or restricted until thirty (30) days after KTA receives written notice of such change. All insurance must be with an insurance company with a minimum BEST rating of A-VIII and licensed to do business in the State of Kansas (must be acknowledged on the bid/proposal response form).

NOTE: If insurance is subject to a deductible or self-insured retention, written disclosure must be included in your proposal response and noted on the certificate of insurance.

It is the responsibility of the Contractor to require that any and all approved subcontractors meet the minimum insurance requirements specified herein. Contractor shall obtain the above referenced certificate(s) of insurance, and in accordance with this Agreement, provide copies of such certificates to KTA.

• Workers’ Compensation and Employers Liability Insurance. Workers’ compensation insurance with statutory coverage and in accordance with applicable State law, and Employers Liability Insurance with minimum limits of One Million Dollars ($1,00,000.00) each accident, One Million Dollars ($1,000,000.00) Disease-Policy Limit, and One Million Dollars ($1,000,000.00) Disease each employee.

KTA Request for Proposal– Facility Needs Assessment RFP 140-251029

• Commercial General Liability Insurance. Commercial general liability insurance with coverage in the amount of One Million Dollars ($1,000,000.00) per occurrence; Two Million Dollars ($2,000,000.00) annual aggregate for ongoing operations, products and completed operations and personal and advertising injury.

• Commercial Automobile Liability Insurance. Commercial automobile liability insurance with coverage in the amount of One Million Dollars ($1,000,000.00) combined single limit bodily injury and property damage, each accident covering owned, leased, hired, and non-owned vehicles, including employee vehicles.

• Professional Liability. Professional liability insurance with coverage in the amount of One Million Dollars ($1,000,000.00) each claim and, in the aggregate, covering the negligent acts, errors, or omissions of the Consultant in the performance of the Work.

• Network Security (Cyber) Liability Insurance. Network security (cyber liability) liability with coverage in an amount not less than Five Million Dollars ($5,000,000.00) each claim, Five Million Dollars ($5,000,000.00) in the aggregate for claims involving privacy violations, information theft, damage to or destruction of electronic information, intentional and/or unintentional release of private information, alteration of electronic information, extortion, and network security.

KTA Request for Proposal– Facility Needs Assessment RFP 140-251029

CONTRACTUAL PROVISIONS ATTACHMENT

(KTA form no. 236) This form contains mandatory contract provisions and must be attached to or incorporated in all copies of any contractual agreement. If it is attached to the vendor/contractor's standard contract form, then that form must be altered to contain the following provision: "The Provisions found in Kansas Turnpike Authority Contractual Provisions Attachment (form no. 236), which is attached hereto, are hereby incorporated in this contract and made a part thereof."

1. Terms Herein Controlling Provisions: It is expressly agreed that the terms of each and every provision in this attachment shall prevail and control over the terms of any other conflicting provision in any other document relating to and a part of the contract in which this attachment is incorporated. Any terms that conflict or could be interpreted to conflict with this attachment are nullified.

2. Kansas Law and Venue: This contract shall be subject to, governed by, and construed according to the laws of the State of Kansas, and jurisdiction and venue of any suit in connection with this contract shall reside only in courts located in the State of Kansas.

3. Disclaimer of Liability: No provision of this contract will be given effect that attempts to require the Kansas Turnpike Authority to defend, hold harmless, or indemnify any contractor or third party for any acts or omissions. The liability of the Kansas Turnpike Authority is defined under the Kansas Tort Claims Act (K.S.A. 75- 6101 et seq.).

4. Anti-Discrimination Clause: The contractor agrees: (a) to comply with the Kansas Act Against Discrimination (K.S.A. 44-1001 et seq.) and the Kansas Age Discrimination in Employment Act (K.S.A. 44-1111 et seq.) and the applicable provisions of the Americans With Disabilities Act (42 U.S.C. 12101 et seq.) (ADA) and to not discriminate against any person because of race, religion, color, sex, disability, national origin or ancestry, or age in the admission or access to, or treatment or employment in, its programs or activities; (b) to include in all solicitations or advertisements for employees, the phrase "equal opportunity employer"; (c) to comply with the reporting requirements set out at K.S.A. 44- 1031 and K.S.A. 44-1116; (d) to include those provisions in every subcontract or purchase order so that they are binding upon such subcontractor or vendor; (e) that a failure to comply with the reporting requirements of (c) above or if the contractor is found guilty of any violation of such acts by the Kansas Human Rights Commission, such violation shall constitute a breach of contract and the contract may be cancelled, terminated or suspended, in whole or in part, by the Kansas Turnpike Authority; (f) if it is determined that the contractor has violated applicable provisions of ADA, such violation shall constitute a breach of contract and the contract may be cancelled, terminated or suspended, in whole or in part, by the Kansas Turnpike Authority.

Contractor agrees to comply with all applicable state and federal anti-discrimination laws.

The provisions of this paragraph number 4 (with the exception of those provisions relating to the ADA) are not applicable to a contractor who employs fewer than four employees during the term of such contract or whose contracts with the Kansas Turnpike Authority cumulatively KTA $5,000 or less during the fiscal year of such agency.

KTA Request for Proposal– Facility Needs Assessment RFP 140-251029

5. Acceptance of Contract: This contract shall not be considered accepted, approved or otherwise effective until fully executed by authorized representatives of each party.

6. Arbitration, Damages, Warranties: Notwithstanding any language to the contrary, no interpretation of this contract shall find that the Kansas Turnpike Authority has agreed to binding arbitration, or the payment of damages or penalties. Further, the Kansas Turnpike Authority does not agree to pay attorney fees, costs, or late payment charges and no provision will be given effect that attempts to exclude, modify, disclaim or otherwise attempt to limit any damages available to the Kansas Turnpike Authority at law, including but not limited to the implied warranties of merchantability and fitness for a particular purpose.

7. Representative's Authority to Contract: By signing this contract, the representative of the contractor thereby represents that such person is duly authorized by the contractor to execute this contract on behalf of the contractor and that the contractor agrees to be bound by the provisions thereof.

8. Responsibility for Taxes: The Kansas Turnpike Authority shall not be responsible for, nor indemnify a contractor for, any federal, state or local taxes which may be imposed or levied upon the subject matter of this contract.

9. Insurance: The Kansas Turnpike Authority shall not be required to purchase any insurance against loss or damage to property or any other subject matter relating to this contract, nor shall this contract require them to establish a "self-insurance" fund to protect against any such loss or damage. Subject to the provisions of the Kansas Tort Claims Act (K.S.A. 75-6101 et seq.), the contractor shall bear the risk of any loss or damage to any property in which the contractor holds title.

10. Conflict of interest/Undue influence: The contractor represents and agrees that it has not attempted, and will not attempt to, improperly influence an officer or employee of the Kansas Turnpike Authority regarding any award, extension, continuation, renewal, amendment or modification of any contract with the Kansas Turnpike Authority.

11. Relationship of Parties: The contractor is an independent contractor of the Kansas Turnpike Authority and will not have any power or authority to act for or on behalf of or to otherwise bind the Kansas Turnpike Authority, except as expressly agreed in the contract. No other or greater power or authority is implied by the grant or denial of any power or authority to the contractor.

12. Open Records: Nothing in the contract will be interpreted as prohibited or preventing the Kansas Turnpike Authority from complying with the Kansas Open Records Act, K.S.A. 45-215 et seq.

13. Compliance with Law: The contractor is in compliance with, and will comply with, all applicable laws related to its performance under the contract, including contractor having obtained all necessary permits, certifications, and licenses.

KTA Request for Proposal– Facility Needs Assessment RFP 140-251029

SIGNATURE SHEET

Closing Date: "[insert date here]" By submission of a bid and the signatures affixed thereto, the bidder certifies all products and services proposed in the bid meet or exceed all requirements of this specification as set forth in the request and that all exceptions are clearly identified.

Legal Name of Person, Firm or Corporation: _____________________________________________________

Mailing Address: ________________________ City & State: ___________________ Zip: ________________

Telephone Number: _________________________ Cell: __________________________

Tax Number: ______________________________ E-Mail: ___________________________________

Signature: _____________________________________Date: ___________________________

Typed Name: ____________________________________ Title: _________________________________

In the event the contact for the bidding process is different from above, indicate contact information below.

Bidding Process Contact Name: ______________________________________________________

Mailing Address: _________________________ City & State: _______________________ Zip: ____________

Telephone Number: ___________________________ Cell: _________________________

E-Mail: _________________________________________

If awarded a contract and purchase orders are to be directed to an address other than above, indicate mailing address and telephone number below.

Mailing Address: __________________________ City & State: _____________________ Zip: _____________

Telephone Number: ___________________________ Cell: _______________________________

E-Mail: _________________________________________

SIGNATURE SHEET