c 2002 july-september independent monitor quarterly report

8/14/2019 C 2002 July-September Independent Monitor Quarterly Report

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Access Living, et al vs. Chicago Transit AuthorityNo. 00 C 0770

Settlement Agreement

QUARTERLY REPORTOF

INDEPENDENT MONITOR

Report 33 rd Quarter (July - September) 2002

Shelley A. SandowIndependent Monitor

October 31, 2002


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INTRODUCTION

This third quarterly report is prepared in compliance with the Settlement Agreement in Access Living, et al vs.Chicago Transit Authority (No. 00 C 0770). The Settlement Agreement requires that each quarter during itsfive-year duration, an Independent Monitor submit a report on the CTA's performance in the items listed inthe Settlement Agreement.

This report follows the order of items in Section II. Terms of Settlement (pages 2 - 14). For each item, theverbatim text from the Settlement Agreement is shown first. A statement of the Independent Monitorsinterpretation of the status as of the end of this quarter follows. This may be one of the following categories:

IN COMPLIANCE - The requirements have been met in this quarter. The Independent Monitor willcontinue observing this item.

COMPLIANCE IN PROCESS This item has a due date past the date of this quarterly report, and isin process of being completed. Future reports will document progress or completion.

IN COMPLIANCE - ONGOING The item has been addressed to date according to the terms of theSettlement Agreement, which imposes an ongoing obligation throughout the five-year SettlementAgreement period. The matter will continue to be observed and reported on throughout themonitoring period.

FOR FUTURE FOLLOW-UP This item is not in arrears according to the timetable given in theSettlement Agreement, or compliance is required only when triggered by another action such aspurchase of new equipment. Future reports will contain updates, as needed.

UNABLE TO DETERMINE - The Independent Monitor was not able to obtain information that wouldsupport a responsible opinion on the status of compliance.

NOT IN COMPLIANCE - Based on data provided and additional inquiries made, it is the opinion of the Independent Monitor that the item is not in compliance as of the end of this quarter.

The final section of the report has any Attachments referenced in the text.

Some requirements of the Settlement Agreement describe due dates based on the effective date of theSettlement Agreement. Item 28 states that the effective date is 45 days after the entry of the final judgment,which was September 24, 2001. My understanding of the timeline and the actual dates that would beapplicable are described below. In calculating actual dates, I assumed that when the Settlement Agreementrefers to 21 days or 45 days, it means 21 or 45 calendar days, rather than business days.

*** Item 28 Effective Date. The Settlement Agreement will become effective 45 days after the entry of a final judgment

This would mean 11/8/01.

*** Item 5 Elevator Repair Service HoursFor one year from the effective date of the Settlement Agreement and Commencing one year after theeffective date of the Settlement Agreement

This would mean until 11/8/02, and commencing 11/9/02, respectively.

Report 3 Quarterly Report3RD Quarter 2002 Access Living, et al vs. CTA Settlement Agreement

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*** For the following items, the language is within 45 days of the effective date of the settlementItem 9 - Customer Service ControllersItem 12 - Customer ComplaintsItem 13 - Disciplinary GuidelinesItem 17 - Performance Control Specialists

This would mean 12/23/01. *** Item 22 - Independent Monitor The CTA shall give notice within 45 days after the effective date of the settlement. (before retaining amonitor)

This would mean 12/23/01. *** If plaintiffs do not agree with the CTAs selection, the CTA shall propose retention of another Monitor within 21 days after plaintiffs rejection.

There is no time frame given for the plaintiffs attorneys to respond to the CTA, so 21 days after plaintiffs rejection would be 1/14/02 at the earliest.

Submitted by:

Shelley A. SandowIndependent Monitor October 31, 2002


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FINDINGS

1. Bus Audio-Visual Displays. The CTA shall install audio-visual equipment on its bus fleet that will displaybus stop information in both audio and visual formats. The CTA shall comply with the applicable ADAregulations in determining which bus stops will be displayed. The CTA shall install the audio-visualdisplay equipment on all of its buses in revenue passenger service on December 31, 2003, except for

those buses that the CTA plans to retire from service on or before December 31, 2004.

STATUS 9/30/02 COMPLIANCE IN PROCESS Mr. Daniel Shurz, Special Assistant, Transit Operations reports that CTA received four proposals for theAutomatic Voice Annunciation system (AVAS), and the contract was awarded on August 7, 2002 to Clever Devices of Syosset, N.Y. Clever Devices has previously installed their system in buses in Washington,Dallas, Baltimore, Boston, Pittsburgh, and other cities. Production installation of the AVAS will begin inNovember 2002. The contract calls for installation on 1,432 buses to be completed by December 31, 2003.

Recently, four CTA buses were equipped with the system for testing and CTA worked with plaintiffsrepresentatives, Equip for Equality, to provide opportunities for people with disabilities to pilot the systemand give feedback. More demonstrations can be scheduled, if needed.

The specifications for volume control in the Request for Proposal (RFP) state, The Automatic VoiceAnnunciation System (AVAS) must be capable of automatically controlling the volume level of theannouncement relative to ambient noise. The system must be capable of detecting ambient noise andperforming the automatic volume control (AVC) functions. The AVAS will control and adjust the interior andexterior volume levels independent of one another. The interior and exterior volume must have an adjustableminimum and maximum volume. The AVC feature must adjust the volume within those set ranges. The AVCsensitivity must also be adjustable. The bus stop data management system must manage these adjustmentsand all other system parameters. Maintenance personnel must have maintenance password access tovolume adjustments on the vehicle via the Operator Interface.

The AVAS will announce the route and destination of the bus externally, and will announce stops and certainpublic service announcements internally. The bus number is given on a sign panel inside the bus in text andBraille. CTA has not yet determined whether the AVAS will provide announcements of the run number.

CTA also expects to purchase 226 new articulated buses and approximately 430 standard buses in 2003 or 2004. All new buses will have the AVAS.

2. Rail Audio-Visual Displays. If during the term of this Settlement Agreement the CTA orders passenger rail cars, such rail cars shall be equipped with audio-visual displays that communicate station stop andother customer service and safety information.

STATUS 9/30/02 COMPLIANCE IN PROCESS CTA released an RFP for 406 new railcars on April 15, 2002. These are to replace the CTAs existing 2200-and 2400-series cars, as well as provide additional growth vehicles. The RFP includes an option for purchase of an additional 300 cars. CTA currently has a total of 1,190 railcars in service. The RFP closingdate is October 15, 2002. If there is a responsive proposal from this solicitation, new railcar delivery shouldstart in late 2004.

The new 3500-series railcars that CTA is procuring will include internal LED (Light Emitting Diode) displaysthat have the same information as the existing audio announcements about next stop and transfer information.

The audio system will operate internally and externally. The visual display will be internal to the train.Externally, trains will continue to display their destination on both the front and side, and those signs will bemade larger and easier to read in the new railcars. The system is operator-controlled.


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3. Elevator Rehabs. The CTA shall perform a comprehensive mid-life rehabilitation on each revenuepassenger service elevator in its system that has been in service for ten years or more on December 31,2001. The following elevators shall be rehabilitated:

Red Line:1. Loyola

2. Granville3. Adams/Jackson (Station/Mezzanine)4. Adams/Jackson (Mezzanine/Platform)

Blue Line:5. OHare (Trans)6. OHare7. River Road - Rosemont8. Cumberland (Northbound)9. Cumberland (Southbound)10. Cumberland (Mezzanine/Platform)11. Cumberland (Mezzanine/Rotunda)

12. Harlem (toward OHare)13. Lake Transfer - Clark / Lake)14. State of Illinois Center (#1)15. State of Illinois Center (#2)16. Adams/Jackson (St./Mezzanine) Note: This elevator is deleted from the schedule because

it was incorrectly listed as being more than ten years old (see Status, below).17. Des Plaines/Congress18. Polk/Douglas (Eastbound)19. Polk/Douglas (Westbound)

Brown Line:20. Western (Northbound)21. Western (Southbound)

The CTA contracts shall provide for completion of the elevator rehabilitation by no later than March 31,2003.

STATUS 9/30/02 - COMPLIANCE IN PROCESS CTA informed Equip for Equality of two changes to the schedule of elevators to be rehabilitated. Thefollowing five elevators have been in service for 10 years or more, but were inadvertently left off the list for rehabilitation in the original Settlement Agreement. These are added to the rehab schedule:

22. 203 N. LaSalle (Green/Brown lines)23. Merchandise Mart (Northbound) (Brown/Purple lines)24. Merchandise Mart (Southbound) (Brown/Purple lines)

25. 63rd

/Cottage Grove (Eastbound)/South (Green line)26. 63 rd/Cottage Grove (Westbound)/North (Green line)

Also, the Adams/Jackson (Blue Line St./Mezzanine) elevator was incorrectly listed as being more than tenyears old in the Settlement Agreement. It is actually less than ten years old, so it is deleted from therehabilitation program. Consequently, the total number of elevators for full rehab is 25.

Mr. Edward Baker, Manager, Customer Facilities Maintenance Projects, provided a schedule for rehab workto be carried out by Anderson Elevator Company, which was awarded the contract for the elevator rehabs inPhases 1 and 2. Table A, below, displays the schedule and status.


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Table A Phase 1 & 2 Elevator Rehabilitation Schedule

Schedule for Elevator Rehabilitation & Current Status(Note: Dates may differ from schedule in prior report based on revised priorities, actual field conditions, etc.)

Elevator Location Start: Planned Returned to

Planned or Actual Completion ServicePHASE 1

1. Lake Transfer-Clark/Lake (Blue Line) 4/29/02 5/19/02 5/28/02

2. Cumberland North (Blue Line) 5/20/02 6/16/02 7/1/02

3. Cumberland South (Blue Line) 5/20/02 6/16/02 7/1/02

4. Granville (Red Line) 6/24/02 8/1/02 8/8/02

5. Des Plaines (Blue Line) 7/15/02 9/1/02 8/28/02

6. Western North (Brown Line) 7/29/02 10/1/02 9/16/027. Adams-Jackson-State -Sidewalk to Mezzanine (Red Line) 7/29/02 10/1/02 9/17/02

8. Western South (Brown Line) 9/16/02 11/1/02

9. Polk East-Northbound (Blue Line) 9/16/02 11/1/02

10. Loyola (Red Line) 10/28/02 1/1/03

11. Adams-Jackson-State-Mezzanine to Platform (Red Line) 12/9/02 2/1/03

12. Polk West-Southbound (Blue Line) 11/4/02 1/1/03

PHASE 2

13. OHare / Platform - Concourse(Blue Line) 9/9/02 11/1/02

14. Cumberland Mezz. - Platform(Blue Line) 9/9/02 11/1/02

15. Cumberland Rotunda(Blue Line) 9/9/02 11/1/02

16. State of IL Bldg. Car #1 (Orange,Green, Purple Lines) 9/9/02 11/1/02

17. State of IL Bldg. Car #2 (Orange,Green, Purple Lines) 10/28/02 12/15/02

18. 203 LaSalle Bldg. (Brown,Green Lines) 10/28/02 12/15/02

19. Harlem (toward OHare) (Blue Line) 10/28/02 12/15/02


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20. 63 rd & Cottage (Westbound) - North(Green Line) 10/28/02 1/1/03

21. River Road - Rosemont (Blue Line) 12/2/02 1/21/03

22. 63 rd & Cottage (Eastbound) - South(Green Line) 12/16/02 2/21/03

23. Mart / Southbound(Brown, Purple Lines) 12/16/02 2/21/03

24. Mart / Northbound(Brown, Purple Lines) 12/16/02 2/21/03

25. OHare / Trans. Wing - Platform(Blue Line) 1/6/03 3/1/03

The CTA Project Manager for the elevator rehabilitation, Mr. Robert Wittman, and Mr. Jim Kinahan, QEI,make daily visits to the elevators undergoing rehabilitation. CTA managers and staff involved in the projectmeet daily to address any problems. When the rehabilitation contractor, Anderson Elevator, reports that ithas completed a project, Mr. Kinahan and the City elevator inspector make a visit. If either party finds thatthe work is not completed as required, he orders whatever additional work is needed. Both Mr. Kinahan andthe City elevator inspector make additional visits, to inspect progress. After the final visit, the City elevator inspector issues a Certificate of Inspection, following which CTA returns the elevator to service.

4. Activators on Hydraulic Elevators. A. The CTA shall install automatic elevator activators on all of its hydraulic elevators in revenue passenger

service by no later than December 31, 2001,B. except for those elevators that will be rehabbed after December 31, 2001.

These elevators are as follows, with those that will have activators installed as part of the rehab followed byan asterisk:

Red Line:1. Randolph/Washington (Station/Mezzanine)2. Randolph/Washington (North)3. Randolph/Washington (South)4. Jackson/Van Buren (Station/Mezzanine)5. Jackson/Van Buren (Mezzanine/Platform)6. Roosevelt (Mezzanine/Platform)7. 35 th/Dan Ryan8. 79 th/Dan Ryan

Green Line:9. Marion (Station/Platform)10. Central (Station/Platform)11. Pulaski (Eastbound)12. Pulaski (Westbound)13. 203 N. LaSalle14. 35 th/Tech (Station/Platform)15. Indiana (Northbound-Station/Platform)16. Indiana (Southbound-Station/Platform)


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Orange Line:17. Library (Station/Mezzanine)18. Library (Northbound)19. Library (Southbound)

Blue Line:20. OHare (Trans)*21. OHare*22. River Road*23. Cumberland (Northbound)*24. Cumberland (Southbound)*25. Cumberland (Mezzanine/Platform)*26. Cumberland (Mezzanine/Rotunda)*27. Harlem - toward OHare*28. Lake Transfer* (also referred to as Clark/Lake)29. State of Illinois Center (#1)*30. State of Illinois Center (#2)*

31. Adams/Jackson (Station/Mezzanine)32. Des Plaines/Congress*

STATUS 9/30/02 A. IN COMPLIANCE Installing elevator activators on hydraulic elevators causes them to cycle up and down every 20 minutes.This is to prevent hydraulic fluid from freezing, which is especially important during cold weather for elevatorsthat are not frequently used.

Mr. Baker explained that there are three methods by which the required elevator activators are accounted for:1. Newly installed activators on old elevators where none existed;2. Newer elevators that had activators when they were installed; and,3. Elevators that will have activators added as part of their rehabilitation.

He provided data showing that new activators have been installed as of 5/23/01 on the following elevators:

Red Line:1. 79 th/Dan Ryan

Blue Line:2. Adams/Jackson/Dearborn, Street/Mezzanine

Green Line:3. Central, Street/Platform4. 35 th/State/Tech

Orange Line:5. Library - Van Buren/State, Street/Mezzanine

6. Library - Van/Buren/State, North7. Library - Van Buren/State, South

The elevators below did not require adding activators because the elevators were installed more recently.Their installation included the activator, since that was in elevator specifications as a standard feature at thetime of installation.


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Red Line:8. Randolph/Washington (Street/Mezzanine)9. Randolph/Washington (North)10. Randolph/Washington (South)11. Jackson/Van Buren (Street/Mezzanine)12. Jackson/Van Buren (Mezzanine/Platform)13. Roosevelt (Mezzanine/Platform)14. 35 th/Dan Ryan

Green Line:15. Marion (Station/Platform)16. Pulaski (Eastbound)17. Pulaski (Westbound)18. Indiana (Northbound-Station/Platform)19. Indiana (Southbound-Station/Platform)

Blue Line:

20. Adams/Jackson (Street/Mezzanine) Dearborn side

B. COMPLIANCE IN PROCESS The remaining 12 elevators (those followed by an asterisk in the Settlement Agreement list) will haveactivators installed during their full rehabilitation.

As of September 30, 2002, the activator has been installed on the rehabilitated elevators at Lake Transfer-Clark/Lake, Cumberland Northbound and Southbound, and DesPlaines. 5. Elevator Repair Service Hours. A. The CTA shall deploy on an as-needed basis no fewer than three elevator mechanics and one helper.

For one year from the effective date of the Settlement Agreement, the CTA shall have at least onecontract elevator repairperson on duty during a total of 14 hours on each weekday and during regular work hours ( e.g. , 7:00 a.m. to 3:30 p.m.) on each weekend day.

B. Commencing one year after the effective date of the settlement, the CTA shall have at least one elevator repair person on duty during a total of 12 hours on each weekday and during regular work hours ( e.g. ,7:00 a.m. to 3:30 p.m.) on each weekend day.

C. The CTA shall deploy its elevator repair personnel and prioritize its response to elevator outages in order to maximize the accessibility of its rail system using criteria such as:

(a) Station ridership;(b) Designation of the station as a key station;(c) Availability of accessible bus alternatives to the rail line; and,(d) Availability of other elevators at the station.

STATUS 9/30/02 A. IN COMPLIANCE - ONGOING Prior to the Settlement Agreement, CTA had two elevator mechanics on contract from Anderson Elevator.The schedule from Anderson now shows three contract elevator mechanics on duty Monday through Fridayworking overlapping shifts: 5:00 a.m. 1:30 p.m.; 7:00 a.m. 3:30 p.m.; and, 10:30 a.m. 7:00 p.m.,providing 14 hours of coverage. An elevator mechanic is also shown on duty on Saturdays and Sundaysfrom 7:00 a.m. 3:30 p.m. A helper works Monday through Friday 7:00 a.m. - 3:30 p.m.

Four CTA elevator inspectors, who are certified as Qualified Elevator Inspectors (QEI) by the NationalAssociation of Elevator Safety Authority International (NAESA), monitor the attendance and inspect the work


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of the contract elevator mechanics and helper. Their schedule is the same as that of the elevator mechanics.

According to the invoices from Anderson Elevator provided to the Independent Monitor, the required serviceand repair hours are being provided.

Several customers with disabilities asked what the procedure is for deploying elevator mechanics when an

elevator is broken. Mr. Ed Baker, Manager, Customer Facilities Maintenance gave the following descriptionof the process:

Elevator Out-of-Service Assigning Procedures:C.A., Guard or Supervisor notes problem with elevator.C.A., Guard or Supervisor calls in problem to Control Center.If outage is during the hours of 7:00 a.m. until 3:30 p.m., the Control Center notifies the WestShops Dispatch Office. The West Shops Dispatcher documents the call and notifies theInspector normally within ten minutes of receiving notification of the problem.If the outage occurs outside of the above working hours of the West Shops Dispatch Office, theControl Center faxes the information to the Dispatch Office, and if an Elevator Inspector is onduty (14 hours coverage 5:00 a.m. to 7:00 p.m.) will notify the Inspector. If no Inspector is onduty, (from 7:00 p.m. to 5:00 a.m.) the morning Inspector will review the fax from the ControlCenter and assign the morning Mechanic to repair the elevator at 5:00 a.m.When the Elevator Inspector for that area is notified, he contacts the station to confirm theproblem. The Inspector typically goes to the station to inspect the problem within one hour.If the Inspector can make a minor repair and get the elevator back in service, e.g. , remove rocks,dirt, etc. from the door sill tracks, he will return the elevator to service himself.Depending upon the Inspectors instructions, the Mechanic will normally finish his currentassignment and travel to the next service call to start work. This is usually within two hours or less.If the situation is an emergency (entrapment or accident), the Mechanic is notified anddispatched immediately .

B. FOR FUTURE FOLLOW-UP

C. IN COMPLIANCE - ONGOING Elevator mechanics and inspectors are deployed according to the demand expected at various stations. For example, during morning and afternoon rush hours, they are stationed in proximity to elevators in the Loop inorder to respond quickly to any reported outages. When there are special events that create an increasedgeneral ridership demand on CTA, such as White Sox and Cubs opening days, Taste of Chicago, July 3 rdfireworks, etc., additional mechanics and helpers are deployed at the stations serving those events.Likewise, when there are events that are expected to draw a large number of persons with disabilities, suchas the Mayors Office for People with Disabilities Employment Fair or Abilities Expo, CTA assigns additionalelevator inspectors and mechanics to stations serving those destinations.

At the September 25, 2002 CTA ADA Advisory Committee meeting, Mr. Terry Levin, CTA Vice President of ADA, Paratransit and Customer Service, asked meeting attendees to contact him about any events that are

likely to result in a larger than average number of passengers with disabilities on any bus or rail route. Withthis information, he can notify the appropriate CTA personnel in case service modifications are needed.

6. Scrolling Marquees. If and when the scrolling marquees in CTA rail stations become fully functional, theCTA shall display information pertaining to scheduled elevator outages and shall make reasonable effortsto display information pertaining to all elevator outages.


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STATUS 9/30/02 FOR FUTURE FOLLOW-UP The current scrolling marquees in rail stations do not perform as desired. (Note: According to CTA, there isnot a scrolling marquee in every station at this time.) CTA is currently researching various new methods for message delivery to the signs, and may be installing some test signs at a few stations some time this year.

7. Customer Assistant Schedules. Upon request by a disabled customer, the CTA will provide information

about the hours that customer assistants are on duty at the customers boarding and destination railstations. Information about the hours of customer assistant staffing at rail stations will be available to thecustomer service controllers and to customer assistants in the field. The CTA shall be allowed to takereasonable steps to limit the distribution of customer assistant staffing information to its disabledcustomers and to take other measures reasonably designed to protect the safety of its customers.

STATUS 9/30/02 IN COMPLIANCE - ONGOING This information is available on the CTA website http://www.transitchicago.com . Mr. Daniel Shurz said thatwhen the schedules are changed, CTA will add a date to the information on the website, so customersviewing it will know it is current, and in fact the new posting for the Brown/Yellow/Purple Lines shows that itseffective date is September 22, 2002.

Not all members of the class have internet access, so I attempted to find out if CA schedule information could

be obtained by telephone. CTA procedure is that an operator in Customer Service would use the website toprovide the same information to callers as those who have internet access would find. I made four phonecalls to Customer Service at various dates and times and found that not all Customer ServiceRepresentatives were familiar with this procedure. Two Customer Service Representatives gave me exactinformation about when the CA was on or off duty and when the Security Guard would be at the stations Iinquired about. However, the other responses I received were They all leave around 6:00 PM or so andthen Security is there, and We dont give out that information; Ill give you the number of the Green LineTransportation Manager and you can call and ask him.

8. Gap Filler. A. The CTA shall install a gap filler on every rail station platform in use for revenue passenger service by

June 30, 2002.B. The CTA shall use reasonable efforts to keep the gap fillers in a state of good repair.C. The parties shall cooperate in developing a designated recommended, optional platform area for the

deployment of the gap filler to assist the boarding and alighting of trains by disabled customers; providedthat the CTA shall have no obligation to make the entire station platform at any station suitable for gapfiller deployment.

D. The CTA shall explore alternatives to its current gap filler and communications systems as technologydevelops.

STATUS 9/30/02 A. NOT IN COMPLIANCE Gap Filler As of the close of the quarter, the gap fillers were not all installed, as required. This is due to circumstancesdescribed in a letter from Mr. Thomas Bamonte, CTA First Deputy General Counsel to plaintiffs attorneys,summarized below:

The gap fillers contemplated by the Settlement Agreement have two main components. The first is the gapfiller itself. The second is the gap filler enclosure, essentially a steel box with a customized lock.

The purchase requisition for the gap fillers was submitted to the CTA's purchasing department on November 19, 2001. The bid package was prepared, approved, and forwarded for advertisement on December 6,2001. The invitation for bids was advertised on December 13, 2001. The bids were opened on January 4,2002. The purchasing department recommended that the bids be rejected because the lowest responsive bidwas 84% higher than the actual (but non-responsive) lowest bid.


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The rebid package was advertised on March 7, 2002 and CTA awarded a contract on May 13, 2002. Thecontract was for manufacturing 225 gap fillers, which is more than the number required for providing gapfillers at the approximately 51 stations that did not already have them. CTA was using this opportunity toprocure additional gap fillers to allow deployment of extras at many stations and maintain an inventory of spares.

The contract required delivery of all 225 gap fillers within 90 days of the date of contract award, or approximately early August 2002. It was anticipated at that time, however, that the vendor could deliver asufficient number of gap fillers by mid-June to cover all 79 platforms where gap fillers are to be installedpursuant to the Settlement Agreement.

However, the manufacturer's mold cracked before the first sample gap filler could be produced. When themold was repaired, the manufacturer produced another sample, which the CTA received on Tuesday, June25, 2002. The sample was so severely damaged in shipping that it was not usable for pre-productionevaluation.

As of September 30, 2002, CTA Rail Tech Services accepted a subsequent sample gap filler supplied by themanufacturer after that sample passed all of the applicable performance and safety tests. The manufacturer was directed to commence production, and was expected to deliver six to eight gap fillers per day.

CTA anticipates delivery of 25 gap fillers in late October, with regular deliveries after that date and delivery of the final gap fillers and full compliance with this provision of the Settlement Agreement in November 2002.

EnclosuresWith respect to the gap filler enclosure, the purchase requisition was submitted to CTAs purchasingdepartment on November 19, 2001. The bid package was prepared, approved, and forwarded for advertisement on December 6, 2001. The invitation for bids was advertised on December 13, 2001 and thebids were opened on January 4, 2002. After the bids were opened, it was determined that certain drawingsand specifications were in error. Revised drawings and specifications were received on April 26, 2002. CTAadvertised the rebid package on May 8, 2002 and awarded the contract on June 11, 2002. This contract wasfor production of 225 enclosures so that there would be additional ones available.

As of the date of this report, all enclosures have been installed at the stations stipulated in the Settlement

Agreement.

B. FOR FUTURE FOLLOW-UP Information on maintenance and repairs will be described in subsequent reports.

C. FOR FUTURE FOLLOW-UP Mr. Daniel Shurz of CTA and Mr. Kevin Irvine of Equip for Equality report that there have been no meetings or discussions between the parties regarding locating gap fillers on platforms during this quarter. TheSettlement Agreement does not have a deadline for when this should be accomplished.

D. FOR FUTURE FOLLOW-UP The Settlement Agreement does not have a deadline for when this should be initiated or accomplished.

9. Customer Service Controllers.A. Within 45 days after the effective date of the settlement, the CTA shall hire two full-time Customer

Service Controllers (CSCs) (or their equivalents) for the Control Center, whose primary job function willinclude the following duties:

B. Coordinating with customer assistants and operators the deployments of gap fillers;C. Arranging alternate transportation pursuant to paragraph II.10 herein; and,D. Updating the elevator status phone line on a real-time basis.


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E. The CTA will use reasonable efforts to ensure that these duties are performed at all times regardless of staff schedules and shall ensure that the elevator status line information will be updated at least everyfour hours.

F. The CTA will give representatives of the Plaintiffs an opportunity to provide ideas, materials and other input into the training of the customer service controllers; however, any more formal involvement (e.g., atraining module taught by representatives of the Plaintiffs) will require separate discussion and

agreement.G. Based upon, among other things, the reports of the Monitor, the CTA shall have the right to makereasonable redeployments of its employees to better perform the tasks listed above; provided, however,that in no event will the CTA have less than two full-time equivalent employees whose primary jobfunction includes the tasks listed above. The CTA will review the need to increase the number of customer service controllers (or their equivalents) based upon customer demand and availableresources.

STATUS 9/30/02 A, B, & E - IN COMPLIANCE - ONGOING Two FTE positions were added to the 90 Customer Assistant Controller (CAC) positions in the Control Center as a result of the Settlement Agreement. These two positions were the new Customer Service Controllers(CSC). Two full-time CSCs were hired within the required time frame. They were trained and are carrying

out their duties. They work Monday through Friday, one from 6:00 a.m. to 2:00 p.m., and the other from 2:00p.m. to 10:00 p.m. When a CSC is on break, on vacation, ill, or during the hours outside of Monday throughFriday 6:00 a.m. to 10:00 p.m., the CACs provide coverage.

The CSCs keep records of when Customer Assistants (CA) provide certain assistance to persons withdisabilities using rail. These may be persons with mobility devices who require gap filler deployment or persons who have vision impairments who request assistance. According to a CTA publication, AssistingCustomers with Disabilities on the Rail System, dated 10-16-00, the CA is to complete a 10-43 NotificationSlip. This is to be given to the rail operator, who is to complete the slip with the time of the customersalighting at the destination station.

The CA at the boarding station should then contact the Control Center to tell the CSC the location of theboarding station, the run number of the train, the car number and position in the train in which the customer

is riding, and the station where the customer will be alighting. This information is also to be documented inthe Customer Assistant Daily Activity Report.

The rail operator is to notify the CSC three stations prior to the customers destination. The CSC in theControl Center then notifies the CA at the destination station and provides the relevant information so that theCA at the destination station can meet the train and assist the customer.

Statistics recorded by CSCs on CA assistance to visually impaired riders or riders who need gap filler deployment are shown in the Table below. Table B - Rail: Assisted Disabled Ridership Report Summary

Day of Week Number of Riders Assisted

July 02 Aug 02 Sept. 02 TOTAL

Monday 304 232 260 796

Tuesday 287 224 265 776

Wednesday 303 239 279 821

Thursday 220 241 278 739


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Friday 231 292 255 778

Saturday 77 184 72 333

Sunday 37 86 96 219

TOTAL 1,459 1,498 1,505 4,462 C. NOT IN COMPLIANCE During this period, the Control Center provided two reports from the ADA Unusual Occurrence Log, which Ihave been told is the only documentation of providing alternate transportation. The two reports, however,were about passengers stranded because their subscription paratransit rides had not showed up, rather thanpassengers receiving paratransit as alternate transportation connected to elevator outage. Additionaldocumentation supporting my opinion that this element of the Settlement Agreement is not in compliance isgiven under Item 10 - Alternate Transportation. There is insufficient documentation or information availableto determine if the problem is under the purview of the CSCs, the CACs filling in for CSCs, or elsewhere inthe system.

D. IN COMPLIANCE - ONGOING

The CSCs update the elevator status phone line on a real-time basis. According to CTA Rail Bulletin R50-01,CAs at stations equipped with an Elevator Status Board are to call this status line at 6:15 and 9:15 a.m., and1:15, 5:15, and 9:15 p.m. from the kiosk telephone. If the kiosk telephone is defective, CAs are to use thestation public telephone to obtain elevator status. The information received from the recorded message is tobe transferred to an Elevator Status Form, which is deposited in the drop safe by the last CA working eachday. Upon receipt of the elevator status, the CA is to transfer that information to the Elevator Status Board.

In the event that an elevator at the station to which a CA is assigned becomes defective between Elevator Status Board update times, the standard procedure for reporting the defect is to be carried out and then thedefective condition is to be entered on the Elevator Status Board.

F. IN COMPLIANCE - ONGOING Mr. Shurz reported that prior to Customer Service Controller training, representatives from Equip for Equality

discussed the training with Darryl Lampkins, who was General Manager of the Control Center at that time.The training was then conducted through the CTA Management Institute with input from Ms. ChristineMontgomery, CTA ADA Compliance Officer. Ms. Montgomery also conducted field observations and providedinformation before training officially began.

G. FOR FUTURE FOLLOW-UP

10. Alternate Transportation.A. The CTA shall arrange alternate transportation for disabled customers stranded at stations with

inoperable elevators when there is:

(a) No accessible bus service within 1/3 of a mile of the station.(b) Accessible bus service within 1/3 of a mile of the station, but to get to within mile of his/her

destination or to an accessible station on the customers intended rail line the customer wouldhave to make more than one additional transfer.

(c) Another elevator at the station, but a ride back in the opposite direction to the next accessiblestation platform to catch a train in the customers intended direction will add 30 minutes or moreto the length of the customers trip.

In order for nearby accessible bus service to be considered accessible, the path of travel from the railstation to the bus stop must be accessible. The rideback option shall only be utilized if CTA personnelhave concluded after reasonable inquiry of the Customer Assistant Controllers that the elevator(s) at the


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rideback station is in service. When Customer Assistant Controllers are not on duty CTA personnel shallbe entitled to rely upon the last posted elevator status information.

B. The CTA will provide alternate transportation within the same time frame that it provides special servicevehicles for its paratransit customers (i.e., within 60 minutes).

C. The CTA shall provide alternate transportation to customers on bus routes where the headway is greater than 30 minutes pursuant to the requirements of the ADA regulations.

D. The CTA shall make reasonable efforts to inform its contract providers of alternate transportation that, if the trip has been authorized by the CTA, the disabled customer need not be certified as eligible for paratransit service in order to receive the ride.

STATUS 9/30/02 A, B, & C - NOT IN COMPLIANCE As described in Item 12, CTA Customer Service provides me with individual Service Repair Summary (SRS)Reports each quarter. Among the SRS Reports that I received for this quarter, were three complaintsrecorded as CTA Elevator Malfunction. In the description, however, it appears that the complaint/issue wasreally a failure to provide alternate routing or alternate transportation. Two of the elevators referenced wereout of service because they were undergoing their scheduled rehabilitation and, therefore, were notmalfunctioning. One elevator was, indeed, malfunctioning.

The incidents described below are from the SRS reports and demonstrate that providing alternatetransportation or alternate routing is not occurring, as required.

Incident AService Request Number: 02-01282977Description: The customer stated that the elevator was not working at the Forest Park Station and she didnot have access to the station. The customer stated that the CA told her to go to the Harlem Station andtake a PACE bus. The customer stated that the Harlem Station is not an accessible station and the PACEbus the CA told her to take does not go to the Harlem Station. The customer stated that the CA finally calledControl and the Controller was not able to assist her. The customer stated that she asked for a Controller Supervisor and the Controller hung up on her.

Incident B

Service Request Number: 02-01533350Description: The elevator at the Blue Line Forest Park Station is out of service for rehabilitation. According tothe CTA, there is no alternative fixed route in accordance with the Settlement Agreement between the UIC-Halsted Station and the Forest Park Station. This was confirmed by Jim McPhee, CTA Manager, at the May2002 CTA ADA Advisory Committee meeting. At 12:30 p.m. I arrived at UIC-Halsted station where I met mycompanion, who also uses a mobility device We explained the situation to the CA and asked her toarrange for an alternate vehicle. She ignored the request and instead told us to get back on the Blue Lineand debark at Harlem and then transfer to PACE bus route #767. We found a CTA Blue Line schedule andpointed out that the Harlem Station was not accessible, but the CA insisted it was. We asked how often the#767 ran - she didnt know. An RTA system map on the wall indicated that the #767 only operated duringrush hours. We instructed the CA to call the Customer Service Controller. The CA placed a call andindicated that she had the CSC on the line and told us You have to get off at Kedzie and then you have tocall paratransit.

Incident CService Request Number: 02-01321916Description: Chicago & State/Red Line Station - the customer stated that he was very upset because he isdisabled and the elevator and the escalator were not working and he had to crawl up the stairs in order to getto work. The narrative does not include any information about whether or not a CA attempted to assist bysuggesting an alternate accessible route, etc.

The Alternate Routing During Elevator Closures guide provided to CAs by CTA appears to only havealternate routing or alternate transportation for the elevators out of service for their required rehabilitations.There does not appear to be any information for alternate routing or alternate transportation for elevator


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outages at other stations, including Chicago/State on the Red Line. Section 10 - Alternate Transportation of the Settlement Agreement states that The CTA shall arrange alternate transportation for disabled customersstranded at stations with inoperable elevators It does not limit providing alternate transportation or alternate routing to customers stranded only due to elevator rehabilitation.

Incident DThis incident was communicated to me in an email:

The elevator to the platform at 203 N. LaSalle is also out of service. When I tried to get a differentaccessible fixed route, the CSC transferred me to the ADA Compliance Officers (Chris Montgomery) voicemail or to the paratransit department voice mail. I tried three times to get around this, but as soon as Imention that the Forest Park elevator is out of service, I was transferred out of the general travel informationsystem

Incident EThis incident was communicated to me in an email:

I entered the Davis Station (Purple Line) to go downtown. Once in, I noticed that the elevator on thesouthbound side was in pieces Once I got the CAs attention, it became evident that she thought I couldget on a southbound train by taking the other elevator (its an outside-platform station). I asked if she wantedme to cross the tracks. At this point, she disappeared for some time (5 minutes or so). She came back to tellme that Id have to ride north to Linden (the end of the line) and turn around there. I asked why I couldntturn around at Foster (the next stop) as Ive done before. She replied, Theres no elevator there. But its acenter-platform station with a gap-filler - all thats required to turn around.

The Alternate Routing During Elevator Closures guide does, indeed, show that the alternate route in thiscase would be to proceed to Foster and transfer to another train.

The above-described incidents occurred despite the issuance by CTA of Rail Service Bulletin R800-01,issued by Mr. William R. Mooney, Vice President Rail Operations, effective date of 11/4/01. In the paragraphentitled Alternate Routing, it states:

Refer to this section when a customer is not allowed to enter or leave a station due to a closed (out-of-service) elevator. When routing a rider to an alternate station, ascertain whether the passenger is enteringor leaving the station, the direction of travel, and which elevator in your station is not currently accessible.Check the elevator status board making certain that the elevator at the end of the trip is functional. Advisethe rider of the available Service alternatives and Alternate Access for the affected location. Whendiscussing hours of service use standard (non-military) time.

Self-transit is defined as customers, using mobility devices as an option, transporting themselvesto the indicated location.When paratransit is required, call the Customer Service Controller at Ext. 8026. This is a newlycreated position to assist customers with special needs.Advise customers requesting paratransit the waiting period may be up to one hour.

Page 3 of this Bulletin also states:Inclement Weather: In the event of inclement weather that is likely to have blocked the path of travelspecified for alternate routing, call the Customer Service Controller at ext. 8026 to determine the appropriateroute for the customer.

CTA reports that Rail Supervisors check the path of travel every six months after the winter and summer seasons to ensure that the recommended paths of travel remain accessible. If not, they develop a revisedroute.


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A success story in providing alternate transportation occurred at the OHare Airport Station where theelevator was undergoing rehabilitation during this quarter. An accessible van was deployed to provideaccessible alternate transportation between OHare and Rosemont or Cumberland, as appropriate. Thisprocedure was used because of the high volume of travel at these stations and also because there is noalternate routing available. A large sign was posted advising people entering the station from the airport thatthe van was available and showing the direction of the exit to reach the van. Consumers reported that this

procedure worked very well.Note: Although it occurs outside of the 3 rd Quarter reporting period, I wish to note that CTA will also provideregular shuttle paratransit service as alternate transportation during elevator renovation at the Clark/LakeStation entrance in the 203 N. LaSalle Building. Details about this are available on the CTA website athttp://www.transitchicago.com and clicking the link to Press Releases.

D. IN COMPLIANCE - ONGOING Information was given to paratransit providers on the procedure, as has been documented in prior reports.

11. Station Telephones. By no later than December 31, 2001 the CTA shall upgrade the *1 (Star-One)system on phones in its rail stations so that it provides customers with prompts or other informationdirecting the customer to:

(a) The CTA elevator status line; and(b) The CTA Control Center.

The CTA shall make reasonable efforts to install TTY phones at all accessible stations and those phonesshall provide customers with *1 capability or its equivalent.

STATUS 9/30/02 IN COMPLIANCE - ONGOING As documented in prior reports, the *1 system is available on all public telephones in rail stations. Stationswith public TTYs have also been listed in prior reports.

Some customers said they found some station telephones out of service, including the *1 feature. WhenCTA knows a phone is out of order, either through their routine checks or if a customer reports it, they notifyAmeritech, which has the responsibility for repairs. Mr. Ruben Madrigal, General Manager, SystemMaintenance Support, states that Ameritechs turnaround time for repairs can be anywhere from three to 10working days after being notified of the problem.

12. Customer Complaints. A. Within 45 days of the effective date of the settlement, the CTA shall create a centralized database of all

ADA-related complaints received by the Call Center, CTA garages and terminals, and the CTA frontoffice.

B. Managers in the field will be required to send ADA-related complaints received in the field for entry intothe database.

C. The CTA will develop performance standards based upon the levels of ADA-related complaints. Theseperformance standards shall be included in the pay-for-performance standards that are used in the

annual performance evaluations of CTA senior bus and rail managers.D. The Monitor shall have access to the database with respect to ADA-related complaints.

STATUS 9/30/02 A. NOT IN COMPLIANCE There are several ongoing deficiencies regarding complaints and the database that support my opinion thatCTA is not in compliance with this item in the Settlement Agreement at this time.

1. Not all ADA-related complaints reported to CTA show up in the original Service Request Summary (SRS)Reports that I am given. Sometimes passengers with disabilities who submit complaints to CTA also send


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me a copy of their complaint or a summary of it. I review all the original SRS reports I am given, but do notfind a record of all the complaints that I receive. The SRS Reports are apparently the source of the statisticsI am given, so the monthly statistics have an undercount of ADA-related complaints.

2. There are many errors in the way complaints are categorized in the SRS Reports. For example, manySRS Reports have the following question: What type of complaint/issue is this? In several cases, thecategory selected does not match the information in the narrative given in the section of the report entitledDescription. Consequently, the monthly statistics I receive are inaccurate.

Examples are given below:

Example AService Request Number: 02-01075849Type of Complaint/Issue: CTA Failure to Assist Disabled Customer Description: Caller is visually impaired and asked operator to announce the stops and the operator did not.

This should have been categorized and counted as Failing to Announce Stops, rather than CTA Failure toAssist Disabled Customer.

Example BService Request Number: 02-01155821Type of Complaint/Issue: CTA Non-working Lift/RampDescription: Customer would like to report that the escalator is out at Irving Park. Customer states that hedid speak with someone on Sunday, but escalator is still out of service. Customer states that someone didstate that the escalator will be fixed on Monday morning.

This should have been categorized and counted as: Elevator/Escalator Malfunction.

Example C Service Request Number: 02-01507000Type of Complaint/Issue: CTA External Speaker FailureDescription: Customer states that she was on the Blue Line train and needed assistance from a CA and noone was there to assist her. Customer states CA should have a button for help so that she can get the help

she needs.

This should have been categorized as Failure to Assist Disabled Customer.

Example DService Request Number: 02-01512396Type of Complaint/Issue: CTA ADA ComplianceDescription: Caller states he is blind and asked the CA to accompany him to the platform because he did notfeel safe in attempting to navigate alone on the platform, and the CA replied it is not part of his job to escortcustomers to the platform.

This should have been categorized as Failure to Assist Disabled Customer.Quite a few of the SRS Reports have no entry for type of complaint/issue, so I am not able to cross check the

ADA Complaints monthly statistics I receive with the raw data in the SRS reports.Finally, there were three SRS Reports that were categorized as CTA Elevator Malfunction. However, in twocases, the subject elevators are those undergoing scheduled rehabilitation, while only one was an elevator that was temporarily broken. In all three cases, the descriptions made it clear that the individuals did not getappropriate information or assistance in learning alternate accessible routes or receiving the requiredalternate transportation, so these should have been classified as Failure to Assist Disabled Customer. Thisis described in more detail earlier in this report in Section 10 - Alternate Transportation.


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B. FOR FUTURE FOLLOW-UP The Settlement Agreement does not specify a date by which the practice of managers in the field sendingADA-related complaints to the Call Center must be institutionalized. As of the close of the quarter, it appearsthat this is not yet fully operational. During this quarter, as in the prior quarter, I received unsolicited maildescribing at least one instance of alleged failure to deploy a lift. The party claims this violation was reportedto a specific CTA bus garage, but I did not find a record of this complaint among the SRS Reports received

from Customer Relations.

C. FOR FUTURE FOLLOW-UP At the end of each year, CTA General Managers develop performance agreements with targets for thesubsequent year. These targets are then used in reviewing their performance.

Given the higher level of scrutiny of ADA-related performance, changes in processes related to some ADA-related issues, and the improved and centralized reporting system to be developed during 2002, CTAbelieves that it will be best to use 2002 as a baseline year for level of complaints and PCS-recordedviolations for each garage and terminal. The 2002 data will be used to set targets for 2003 (with separatetargets for PCS reports and customer complaints) as part of each General Managers annual performanceagreements.

D. IN COMPLIANCE - ONGOING I am provided with these data, which are reported in Table G in Section 22, below.

13. Disciplinary Guidelines. Within 45 days of the effective date of the settlement, the CTA will amend itsCorrective Action Guidelines to include the following:

Procedural/Performance Violations Which May Warrant Accelerated Discipline Failure to deploy the lift when requested Passing up a disabled customer Failure to deploy the gap filler Failure to report a broken elevator when person has actual knowledge that the elevator is broken Failure to call out stops where required Failure to deploy a working bus stop audio-visual display Touching a passenger, a passengers assistive device or assistance animal without the

permission of the passenger except in an emergency Deploying a lift in a curb cut or in another inappropriate location Failing to report a broken lift Failure to report broken automatic stop-calling equipment when person has actual knowledge

that the equipment is broken

Behavioral Violation: Insolence or disrespect to a customer, including those with a disability.

In the event that any of these amendments are challenged by employees and/or their collectivebargaining representatives, the CTA shall make reasonable efforts to defend such amendment(s). TheCTA will, however, abide by any binding decision by an arbitrator, court or other decision-maker.

STATUS 9/30/02 IN COMPLIANCE CTAs Corrective Action Guidelines were revised as of 11/14/01, which was within the required time frame inthe Settlement Agreement.


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14. Brochure.A. By no later than December 31, 2001, the CTA will distribute throughout its system a brochure that

informs disabled persons how to utilize the CTA system and includes alternate transportation and *1system information.

B. The CTA will give representatives of the Plaintiffs a reasonable opportunity to review and comment onthe brochure before it is released and distributed.

C. Future versions of the brochure shall include updated access information, consistent with this SettlementAgreement.D. The brochure shall be posted on the CTA web site.E. The CTA shall publish the brochure in non-English languages consistently with how it publishes similar

brochures in non-English languages.

STATUS 9/30/02 A. FOR FUTURE FOLLOW-UP Early this year, CTA created a brochure entitled Get a Lift Out of Life When You Use CTAs Accessible Busesand Trains. Mr. Shurz explained that CTA does not have a standard method of distributing its brochures.Rather the distribution method is based on the target market and the expected life of the brochure. CTA hada substantial level of response to the Get a Lift brochure from its initial limited distribution to a targetedrange of individuals and organizations. They are now developing revisions they intend to share with theplaintiffs and ADA Advisory Committee during the next quarter. After further input, CTA will revise thebrochure and distribute it widely throughout the system, including rail stations and bus garages.

CTA has printed an additional batch of the existing Get a Lift brochure and copies are available fromCustomer Service.

B. IN COMPLIANCE On December 3, 2001, Plaintiffs attorneys provided CTA with a 4-1/2-page letter describing their commentsand suggestions.

C. FOR FUTURE FOLLOW-UP The planned revised brochure will contain any updated access information.

D. IN COMPLIANCE - ONGOING There is a link to the brochure on the CTA website at http://www.transitchicago.com/welcome/brochures.html . TheSettlement Agreement did not specify the format in which the brochure should be posted. Currently the brochure isin pdf format and is not accessible to some persons who are blind or low vision and use screen readers to accessinformation on the web.

E. IN COMPLIANCE - ONGOING At present, there are only two CTA publications in a language other than English. The CTA map and theDouglas reconstruction brochure are published in Spanish. At this time, it is expected that the Get a Liftbrochure will continue to be published only in English.

15. CTA System Map. Beginning with the first edition of the system map that the CTA releases in 2002, the

CTA shall provide information in its system map on how to obtain deployment of the gap filler, the *1system, and alternate transportation.

STATUS 9/30/02 IN COMPLIANCE - ONGOING The new map was released on July 1, 2002. In the section entitled, Accessible Stations, there isinformation telling riders that they may request deployment of the gap filler by asking the Customer Assistantor train operator for assistance. The brochure also describes the *1 system that can be used to make a freecall to the Control Center from any pay phone on a CTA rail station platform. It further says that in the eventthe elevator a rider needs is not working, there are alternate routings available, and details can be obtainedfrom Customer Service at 1-888-YOUR-CTA or from the Customer Assistant at any rail station.


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Future versions of the map will include all relevant TTY numbers.

16. Signage. The CTA shall make reasonable efforts to consider adding signage at elevators informingcustomers, among other things, what to do in the event that the elevator is not working.

STATUS 9/30/02 IN COMPLIANCE Signs have been developed and are posted, as needed.

17. Performance Control Specialists. A. Within 45 days of the effective date of the settlement, the CTA shall deploy two full-time equivalent

performance control specialists in wheelchairs.B. The performance control specialist department shall compile information about ADA-related performance

problems in regular reports circulated to senior CTA bus and rail managers and the Monitor. The Monitor shall have access to raw data collected by performance control specialists.

C. The Monitor shall be able to make reasonable requests that performance control specialists be deployedto address potential ADA-related problems. Such requests shall be given the same priority, and treatedwith the same degree of confidentiality, as similar requests made by CTA Managers. In no event will theCTA be required to devote more than 2080 hours of performance control specialist time each year responding to the Monitors requests.

D. Two performance control specialists shall be hired within 45 days of the effective date of the settlement.

STATUS 9/30/02 A & D - IN COMPLIANCE - ONGOING Two additional Performance Control Specialist (PCS) positions were added to the unit as a result of theSettlement Agreement. Hiring dates for the new personnel were December 17, 2001 and December 18,2001, which were within the required time frame. PCS wheelchair surveillance also began at that time andcontinues, as required.

B. IN COMPLIANCE - ONGOING The reports and raw data are being provided to the Independent Monitor, as required, and demonstrate thatthe PCS wheelchair surveillance is of the required quantity, and is of good quality.

C. IN COMPLIANCE - ONGOING During this quarter, the Independent Monitor requested that two Performance Control Specialists carry out aspecial observation of whether or not Rail Operators were making external announcements at stations thatserve more than one line (junctions). This research was done, and the results are given just before Section22 (g) of this report.

The following table documents the number of PCS observations for this quarter.

Table C - Summary of PCS Monthly Reports 3 rd Quarter 2002

OBSERVATIONS July 02 Aug 02 Sept. 02 TOTAL

Bus Operators Recorded for ADA Compliance 779 622 831 2,232

Customer Assistants Recorded for ADA Compliance 531 433 503 1,467

Elevator Inspections Recorded 22 39 76 137

18. Bus microphones. The CTA shall make reasonable efforts to maintain its bus microphones in goodworking order.


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STATUS 9/30/02 - IN COMPLIANCE - ONGOING The CTA General Manager of Bus Heavy Maintenance states that the microphone / PA system is fullyinspected at every 4,000-mile preventive maintenance inspection. This occurs approximately every 4-5weeks.

CTA provided a Pre-pullout Check, Bus (7008(11-26-00)), issued to each bus operator. Among the many

items to be checked is the public address system. Operators are to report all defects to maintenancepersonnel or pullout supervisor immediately upon finding them. PA systems are checked on inspectionand/or pullout, and any defects are to be reported to the Radio Department personnel at the garages for follow-up and repair.

19. Equipment Checks. The CTA shall make reasonable efforts to check the operation of A. customer assistant buttons andB. elevators on a regular basis.

STATUS 9/30/02 A. IN COMPLIANCE - ONGOING General Bulletin G9-98 regarding the Rail Station Defect Log describes how CAs are to report any stationdefect/hazard to the Control Center and log it, along with the Controller to whom the report is made and thework order number given by the Controller. Upon notification of a defect, the Control Center is to dispatch aCA supervisor to examine the situation, etc.

CTA has audits of station equipment that report on regular checks of CA Station Call Buttons, as shownbelow.

Table D - CA Station Call Button Audit 3 rd Quarter 2002

OBSERVATIONS July 02 Aug 02 Sept. 02 TOTAL

Number Checked 1,479 1,672 1,393 4,544

Number with Defects 35 19 16 70

Number in Proper Condition 1,444 1,653 1,377 4,474

Percentage in Proper Condition 97.6% 98.9% 98.9% 98.5%

B. IN COMPLIANCE - ONGOING As noted in Item 5, elevator inspections by contract elevator mechanics and CTA elevator inspectors occur frequently on a regular basis. PCSs also inspect elevators at the stations they use. The CTA audits alsoinclude documentation of regular checks of elevators

20. Class Action. Plaintiffs will refile their action as a class action and the parties will cooperate to providenotice of the proposed settlement to class members and obtain preliminary and final judicial approval of the settlement. All costs associated with providing notice to the putative class shall be borne by the CTA.

21. Class. The parties shall request that the Court certify a class consisting of all individuals with mobility,vision, or hearing disabilities who currently use, have used, or have attempted to use the CTA's fixedroute bus and rail system, as well as those individuals with mobility, vision or hearing disabilities whohave been deterred from such use.

STATUS 9/30/02 Both Items NOT APPLICABLE FOR THIS REPORT

22. Independent Monitor. The CTA shall pay up to a maximum of $45,000 per year, plus customary andreasonable administrative expenses (but not including additional personnel), for a Monitor whose job will


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be to compile data and assemble quarterly reports pertaining to the CTAs performance under thisSettlement Agreement. The parties will discuss possible candidates for the Monitor position. The CTA willgive Plaintiffs counsel reasonable advance notice before retaining a Monitor. The CTA shall give suchnotice within 45 days after the effective date of the settlement. If Plaintiffs do not agree with the CTAsselection, the CTA shall propose retention of another Monitor within 21 days after Plaintiffs rejection.After two rejections, the parties will request the Court to appoint a Monitor.

STATUS 9/30/02 IN COMPLIANCE - ONGOING CTA and Plaintiffs attorneys selected the Independent Monitor, Shelley A. Sandow, and she has served inthis capacity since January 11, 2002. This is within the required timetable of the Settlement Agreement.

The Settlement Agreement further directs the Monitor to track the CTAs performance in the following areas(a) through (j), which are shown in bold type below.

(a) The availability of functional elevators.

STATUS 9/30/02 IN COMPLIANCE - ONGOING Mr. Edward Baker prepares an Elevator / Escalator Monthly Report with data about elevators and escalatorsthat are out of service, as well as reporting the daily average of failed equipment. The data for the thirdquarter are shown below.

Table E Availability of Elevators In-Service 3 rd Quarter 2002

Month # of Passenger Elevators # of Inspections Avg. % of Elevatorsby Contractors In-Service*

July 02 101 390 96.37%

Aug. 02 101 430 96.69%

Sept. 02 101 422 96.08%

* Note: Time out-of-service includes rehabilitation, inspection, and preventive maintenance time, not only time when an elevator is broken or undergoing repair. During this reporting period, some elevators wereundergoing the full rehab required in Item 3. The Chicago Building Department also requires five-year governor safety tests, and when these are performed, the elevators are also temporarily out of service.These outages are reflected in the average percent of elevators in-service.

(b) The number of bus lift failures in the field.

STATUS 9/30/02 IN COMPLIANCE - ONGOING Mr. Daniel Shurz, Special Assistant, Transit Operations provided the data that follow.

Table F Bus Lift Failures 3 rd Quarter 2002

Month # Lift Failures Reported Failure Rate Systemwide Miles TraveledBy Accessible Fleet

July 02 31 1 failure / 177,603 mi. 5,505,700

Aug 02 43 1 failure / 127,156 mi. 5,467,700


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Sept 02 36 1 failure / 148,973 mi. 5,363,018

TOTAL 110 1 failure / 148,513 mi. 16,336,418

(c) The number of operator failures to comply with the ADAs bus stop call out requirements onCTA buses without working audio-visual displays.

(d) The number of failures to timely deploy gap fillers by operators and customer assistants.(e) The number of operator failures to deploy a functional bus lift upon request.(f) The number of unjustified failures to stop for persons in wheelchairs. (Justified failures to

stop include buses that are out of revenue passenger service (e.g., training buses), busesrunning express with no scheduled stop at the location of the person in a wheelchair, andbuses that are crowded beyond capacity.)

(i) The number of operator failures to use external train car speakers to call out train lineidentification information when stopped at stations serving multiple train lines going indifferent directions.

STATUS 9/30/02 Items (c), (d), (e), (f), and (i) COMPLIANCE ONGOING There are three sources of CTA documentation for these data. Performance Control Specialists providemonthly reports on their observations, as shown in the next table. Table G PCS Summary Report of Actions and Violations Observed 3 rd Quarter 2002

OBSERVATION July 02 Aug 02 Sept 02 TOTAL

Did deploy lift 86 127 245 458

Did not deploy lift 0 0 0 0

Defective bus lifts/ramp 0 1 3 4

Defective bus wheelchair clamps 0 3 7 10

Defective train wheelchair clamps 0 0 1 1

Failed to offer assistanceto wheelchair passenger aboard bus 14 25 35 74

CAs deployed gap filler 21 0 0 21

CAs failed to deploy gap filler N/R 1 0 1

Bus Operators failed to makeservice stop announcements 139 115 219 473

Another source of data is Customer Service monthly reports of ADA Complaints, shown below, although Ihave concerns about its accuracy, as noted in items 12, above.

Table H - ADA Complaints - 3 rd Quarter 2002

CLASSIFICATION July 02 Aug 02 Sept 02 TOTAL

ADA Compliance 5 6 14 25

ADA Paratransit 0 0 0 0


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Elevator/Escalator Malfunction 1 7 4 12

Failing to Announce Stops 0 8 0 8

Failure to Assist Disabled Customer 15 7 8 30

Failure to Deploy Gap Fillers 0 0 1 1

Refusal to Deploy Lift/Ramp 0 1 2 3

Failure to Operate Lift/Ramp 0 3 0 3

Lift/Ramp Malfunction 1 0 0 1

Missing Handicap Signage 1 0 0 1

No External Announcements 0 0 1 1

Non-Working Lift/Ramp 3 0 0 3

Path of Travel Not Accessible 2 1 0 3

TTY Not Working 0 0 0 0

No Automated Stop Announcements 0 0 0 0

TOTAL 28 33 30 91

Mr. Marvin Sledge, Customer Service Information Systems Analyst, said that CTA is unable to change thecategories of ADA complaints because CTAs complaint tracking system ties into the Citys SunTRACKsystem (the system reached by dialing 311). Therefore, additional categories of complaints that exist in thenon-ADA complaint list, such as Rude behavior or Insolence or disrespect to a customer, including those

with a disability, could not be recorded or tracked for people with disabilities.

The following information from an SRS report shows that the lack of appropriate categories distorts the wayincidents are tracked.

Service Request Number: 02-01162724Type of Complaint/Issue: CTA Failure to Assist Disabled Customer Description: States at Foster this lady and her wheelchair-bound son boarded the bus. States the lady wastrying to buckle her son in and the driver took off. States the lady told him that he had to wait until she wasdone with her son. The driver said F you, you dont tell me how to do my f job. States the driver slammed on the brakes and the wheelchair went flying. States her daughter hit her head on the chair.States this driver was arguing with this lady. The lady told him that it was the law that he had to wait. Statesthe driver kept on using obscene words to her.

Minimally, this should be categorized as Rude Behavior and as Dangerous Driving, both of which areavailable categories for non-ADA complaints, but not for ADA complaints.

The third source of data is from unsolicited reports of complaints communicated directly to the IndependentMonitor by email, U.S. mail, or in person. Types of complaints received this quarter were:

Bus operators failing to call out stops or use the microphone;CAs not being familiar with alternate routing or alternate transportation at stations where elevatorsare out of service; and,


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Train operators failing to provide external announcements at rail transfer stations (junctions).


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Special ObservationAdditionally, during this quarter, the Independent Monitor requested that two Performance Control Specialistscarry out a special observation of whether or not Rail Operators were making external announcements atstations that serve more than one line (junctions). They did this between 8/13/02 and 8/31/02. Their methodology was to station themselves on the platform at various junctions for approximately 30-45 minuteintervals to collect data. They recorded the date, time, station location, line, direction of train, run number

and whether an external announcement was made or not. Multiple observations were made at the followingstations, which are served by one or more lines:

Roosevelt - Green and Orange LinesClark and Lake - Brown, Orange, Purple, and Green LinesBelmont - Red and Brown LinesHoward - Red, Purple, and Yellow Lines

During the study period, 370 observations were made. In 217 instances (58.6%), no external announcementswere made. In 153 instances (41.4%), external announcements were made.

(g) The number of failures to deploy a functioning audio-visual bus display.

STATUS 9/30/02 FOR FUTURE FOLLOW-UP Not applicable at this time because bus audio-visual displays are not yet installed.

(h) The provision of alternate transportation to customers stranded because of non-workingelevators or bus lifts.

STATUS 9/30/02 UNABLE TO DETERMINE Data are not systematically collected, as described in Items 9C and 10 A, B, and C, so I am not able toprovide reliable statistics.

(j) Other areas agreed to by the parties in consultation with the Monitor.

STATUS 9/30/02 FOR FUTURE FOLLOW-UP

23. Operational Improvement Fund. Each year the CTA shall set aside $100,000 in operating funds. TheCTA shall allocate and spend those funds on equipment, programs, or personnel based upon the findingsmade by the Monitor as to the CTAs performance in various areas that are covered by this SettlementAgreement and recommendations made by Plaintiffs counsel. The CTA shall allocate these funds toADA-related operational area(s) that the data show are in need of improvement.

STATUS 9/30/02 FOR FUTURE FOLLOW-UP As of September 30, 2002, no decisions were made about the use of these funds for 2002. Various plaintiffssuggested that a decision on use of funds be made after a full year of experience and reports under theSettlement Agreement, so areas of compliance that need additional attention can be more easily identified.Plaintiffs attorneys and CTA have agreed to this strategy. Mr. Thomas Bamonte advises that if the fullamount of $100,000 is not spent or obligated by 12/31/02, the balance will be carried over and added to the$100,000 fund for the 2003.

24. Training Materials. Before implementing any substantial change to its training program on ADA-relatedissues the CTA shall review such proposed changes with the CTA ADA Advisory Committee. The CTAwill provide drafts of training materials to the Monitor on the same basis as it supplies drafts of materialsto the CTA ADA Advisory Committee and will consider comments on such materials made by the Monitor.


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STATUS 9/30/02 - IN COMPLIANCE CTA is developing a new ADA-related training brochure for bus operators. The Independent Monitor and theCTA ADA Advisory Committee reviewed a draft. Mr. Levin is integrating their comments into the newbrochure.

Ms. Christine Montgomery met with the Training subcommittee of the ADA Advisory Committee on July 1,

2002. The Committee discussed a possible new training program for managers. CTA advised that they alsoplan to update the bus operator training video. A proposed new video script is in the works and CTA hopes tobring it to the Training subcommittee during the next quarter.

25. Training Resources. The CTA shall consider redeployment of its ADA-related training resources,including those of its ADA Compliance Office, taking into account factors such as increasing usage of theCTA rail system by disabled customers.

STATUS 9/30/02 - IN PROCESS - ONGOING In response to a question raised to me by customers with disabilities, CTA reports that all bus operators, not

just those on designated accessible routes, receive training on disability and ADA issues.

CTA also reports that CA Supervisors are being retrained in the alternate routing and alternate transportation

procedures, and CAs will be reinstructed during the next quarter. Twice yearly, all CAs are required to deploya gap filler in the presence of supervisors or managers to determine their proficiency. If needed, retraining isprovided.

End

c 2002 july-september independent monitor quarterly report

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