1-RFP 25-20 Maintenance Facility Remodel-Final.docx

Request for Proposals Maintenance Facility Remodel

RFP # 25-20

October 21, 2025

Metropolitan Tulsa Transit Authority

510 South Rockford Avenue

Tulsa, Oklahoma 74120 i | P a g e

Request for Proposals Maintenance Facility Remodel

A.

INTRODUCTION

B.

INSTRUCTIONS TO PROPOSERS

10. CONDITION OF GOODS

11. DEVIATIONS FROM SPECIFICATIONS

12. INFORMATION AND DESCRIPTIVE LITERATURE

13. CONFIDENTIALITY OF PROPOSALS

14. Pre-proposal Conference

15. PRICING / QUANTITY

16. CONFLICTS OF INTEREST

17. POST AWARD

18. PROTEST PROCEDURES

C. SCOPE OF WORK

1. Introduction

2. PURPOSE

3. DESCRIPTION OF CATEGORY SERVICES

Category A – Architectural/Engineering (A/E) Services

Category B – Civil/Structural Engineering and Landscape Architectural (CSL) Services

Category C – Construction Management, Testing, and Inspection (CMTI) Services

Category D – Environmental Engineering ii | P a g e Maintenance Facility Remodel

RFP # 25-21

October 21, 2025

4. SYNOPSIS OF SELECTION AND AGREEMENT NEGOTIATION PROCEDURES

D. PROPOSAL SUBMISSION, EVALUATION AND AWARD

1. Proposal Format

Volume I—Technical Proposal

Volume II – Contractual

2. Technical Proposal Evaluation Criteria

3. Presentations/Interviews/Written Responses

4. CONSULTANT SELECTION

Appendix A: Required Forms and Certifications

Appendix B: Federal Clauses

Appendix C: Master Agreement

Appendix D: Task Order Agreement iii | P a g e

A. INTRODUCTION

Sealed proposals shall be received by the Metropolitan Tulsa Transit Authority (dba MetroLink Tulsa), Attention Contract Administrator, at 510 South Rockford Avenue, Tulsa, Oklahoma at or before November 18, 2025, 4:30PM Central Standard Time, Tuesday for Maintenance Facility Remodel as described in this Request For Proposal (RFP) document. Proposals received after the date and time specified above shall be considered late proposals and shall not be considered.

MetroLink Tulsa intends to make firm selections based on qualifications; more than one firm may be selected. Pricing may be negotiated after the selection or as part of a task order. Pricing information is not requested at this time. MetroLink Tulsa reserves the right, in its sole and exclusive discretion, to accept or to reject any and all proposals, in whole or in part. All proposals shall be subject to all applicable state and federal laws. The award to be given under this solicitation is subject to financial assistance contracts between MetroLink Tulsa, the Federal Transit Administration, and the State of Oklahoma. Proposal documents shall be submitted online via Bonfire.

The anticipated schedule for selection of a Proposer is as follows:

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B. INSTRUCTIONS TO PROPOSERS

1. PROPOSAL FORMAT

MetroLink Tulsa requires all proposals to be submitted online. Each must be clearly labeled on the front sheet. Proposals shall be prepared simply and economically on letter-sized paper with tabbed or marked sections. See Section E.1 for more proposal details.

2. TERMS AND CONDITIONS

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

3. DUE DATE

Sealed proposals must be received by MetroLink Tulsa no later than 4:30 PM Central Standard Time on November 18, 2025.

4. CONTACT INFORMATION

For questions or additional information, contact the Contract Administrator via Bonfire: Kendel Haynes. Include the RFP number on the subject line of all correspondence.

Proposers are encouraged to contact the Contract Administrator via Bonfire if there is anything in the specifications that would prevent them from submitting a proposal. Electronic submissions are the preferred method of answering questions, although written submissions via mail or fax will be accepted and must be received no later than November 10, 2025 @ 4:30 p.m.

5. BIDDER’S NOTICE OF INTENT TO SUBMIT A PROPOSAL

Email the Contract Administrator indicating your intent to submit a proposal. Include the RFP number on the subject line of the email. You will receive an email response indicating your notice was received. The same procedure will be followed to request clarification in writing of any point in the RFP. Responses to questions are considered official only when answered in writing in an addendum.

6. AMENDMENTS TO THE REQUEST FOR PROPOSALS

Any amendments to the solicitation will be posted on Metrolink Tulsa’s web site at https://www.metrolinkok.org/rfps/openbids/. In addition, any bidder that has submitted a Notice of Intent to Submit a Proposal via email will be notified of any amendment by email. The bidder will be required to acknowledge receipt of all amendments as part of the proposal package.

7. ACCEPTANCE AND REJECTION

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

8. TIME FOR CONSIDERATION

The offer shall be valid for a minimum of 150 days from the date of proposal opening.

9. PAYMENT TERMS

Payment terms are Net 30 days after receipt of a correct invoice or acceptance of goods, whichever is later.

10. CONDITION OF GOODS

Unless otherwise indicated in the proposal, it is understood and agreed that any item offered or shipped pursuant to this RFP or resulting contract shall be new.

11. DEVIATIONS FROM SPECIFICATIONS

Any deviation from specifications indicated herein must be clearly stated by the proposer in writing; otherwise, all items offered by proposer shall be deemed to be in strict compliance with these specifications, and the successful proposer will be held responsible thereto. Deviations must be explained in detail by proposer on an attached sheet(s). This paragraph shall not be construed as inviting or permitting any deviation whatsoever by proposer from the stated specifications or implying that any such deviation will be acceptable to MetroLink Tulsa.

12. INFORMATION AND DESCRIPTIVE LITERATURE

Proposers are to furnish all information requested in the spaces provided on the proposal form. Further, as may be specified elsewhere, each proposer must submit with its proposal descriptive literature and/or complete specifications covering the products offered. Reference to literature submitted with a previous proposal does not satisfy this provision.

13. CONFIDENTIALITY OF PROPOSALS

Access to records received by or generated by MetroLink Tulsa is governed by Oklahoma law. Any information the proposer judges to be proprietary data should be submitted in a separate sealed envelope and clearly marked as proprietary information.

14. Pre-proposal Conference A pre-proposal conference will be held via Teams on November 12, 2025, at 10:00 AM CST. Please register for Pre-proposal Maintenance Facility Remodel on: Bonfire

After registering, you will receive a confirmation email containing information about joining the webinar.

15. PRICING / QUANTITY

This will be a fixed-price cost project and needs to include all phases of the project. Planning, Design, pre-construction, procurement, construction and close out.

16. CONFLICTS OF INTEREST

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

17. POST AWARD

A post-award debriefing is provided to un-successful proposers upon written request. MetroLink Tulsa shall provide the following information, if applicable:

• The agency’s evaluation of the proposer’s proposal or bid, including any noted deficiencies or weaknesses.

• The overall evaluation summary, including rating for each evaluation criteria for the debriefed proposer.

• The overall ranking of all offers, when any ranking was developed by the agency during source selection.

• A summary of rationale for award.

• For acquisitions of commercial items, the make and model of the item to be delivered by the successful proposer.

18. PROTEST PROCEDURES

MetroLink Tulsa has on file a set of written protest procedures applicable to this solicitation that may be obtained by contacting MetroLink Tulsa’s procurement officer. Any protest filed by a proposer in connection with the RFP must be submitted in accordance with MetroLink Tulsa’s written procedures.

C. SCOPE OF WORK

1. Introduction

MetroLink Tulsa is seeking qualified contractors/firms to provide design and construction services for the remodel of our existing maintenance facility located at 510 S Rockford Ave Tulsa, OK 74120. This remodel aims to improve the functionality, safety, and efficiency of the facility to meet current and future operational needs.

2. PURPOSE

A. Preliminary Phase

· Conduct a site assessment and review existing drawings and conditions.

· Meet with client stakeholders to determine space needs and operational requirements.

· Prepare a concept design and schematic layout for review and feedback.

· Provide a preliminary cost estimate and project schedule.

B. Design Development

· Develop floor plans, elevations, and system layouts based on approved schematic design.

· Coordinate with structural, civil, and MEP engineers for integrated design solutions.

· Provide updated cost estimates and value engineering recommendations.

· Prepare design presentation materials for client review and approval.

C. Construction Documents

· Prepare complete construction drawings and specifications suitable for permitting and bidding.

· Include architectural, structural, civil, mechanical, electrical, plumbing, and fire protection design.

· Ensure compliance with all local, state, and federal codes (including ADA and OSHA).

· Provide energy code and environmental compliance documentation as required.

D. Bidding and Negotiation

· Assist the client in preparing bid packages and responding to contractor RFIs.

· Review and evaluate bids and assist in contractor selection.

· Participate in pre-bid and pre-construction meetings.

E. Construction Administration

· Provide construction phase services, including submittal review, site visits, and progress reports.

· Respond to requests for information (RFIs) and issue field clarifications.

· Review change orders and contractor pay applications.

· Conduct final inspections and assist with punch list completion and project closeout.

3. DESCRIPTION OF CATEGORY SERVICES Category A – Architectural/Engineering (A/E) Services The MTTA may select multiple qualified firms in this category. Firms submitting for A/E services should possess a full range of design disciplines or assemble a team of professional sub-consultants capable of providing all the necessary disciplines that may be required in major building contracts. As a minimum this firm or team should be capable of providing:

• Basic as well as complex project management services.

• Architectural services.

• Interior design.

• Structural and civil engineering services.

• Mechanical & electrical engineering services.

• Landscape architecture services.

• Public involvement services.

• Surveying services.

• Permitting (federal, state & local).

• Construction cost estimating.

Additional professional services seen as beneficial, but not required for selection, may include:

• Environmental/Green design.

• Historical preservation design.

• Security design.

• Instrumentation & Controls.

MetroLink Tulsa retains the option to select firms in this category that provide the greatest flexibility to MetroLink Tulsa in accepting both large and small dollar value assignments. Accordingly, more than three firms may be selected. Every firm responding in this category must indicate a commitment to retain the services of additional design firms as subcontractors, should project assignments so require. All such subcontractors would be subject to MTTA approval.

Category B – Civil/Structural Engineering and Landscape Architectural (CSL) Services

Metrolink Tulsa may select multiple qualified firms in this category. Firms are not required to have in-house expertise in all three disciplines. MetroLink Tulsa will select firms that have expertise in one or more disciplines. To provide MetroLink Tulsa with flexibility in this category, more than one firm may be selected for each discipline.

Firms submitting for CSL services should identify the discipline(s) they are submitting for and possess the ability to assist the MTTA with design and maintenance of building systems and site improvements including but not limited to:

circulation design

Surveying (boundary & topographic) Building structures (steel, concrete, wood) Irrigation systems

Preparation of legal descriptions Retaining walls (concrete, CMU) ADA compliance

Site development / parking lots

Roadway / Street improvements

Sanitary sewer systems

Storm water systems

Permitting (federal, state & local)

Traffic engineering

Firms to be considered for selection in this category should be capable of managing both large and small job assignments. Firms submitting in these disciplines should be able to perform all the work identified above with the exception of Traffic Engineering. Civil firms should include a traffic engineering sub-consultant in their submittal if they do not possess the ability in-house.

Firms submitting in this category should clearly indicate a commitment to accept both large and small dollar value assignments, or alternatively, whether their submittal is limited only to projects with a certain minimum value.

Category C – Construction Management, Testing, and Inspection (CMTI) Services

MetroLink Tulsa may select multiple-qualified firms in this category. Firms submitting for CMTI services should possess a full range of construction management, inspection, and testing services. As a minimum, firms should be capable of providing:

• Special inspection services.

• Materials lab testing (soils, concrete, asphalt).

• Subgrade compaction testing.

• Concrete/mortar field sampling & testing.

• Asphalt field testing.

• Construction Management.

• Owners’ Representation.

Firms to be considered for selection in this category should be capable of managing both large and small job assignments. Firms submitting in these disciplines should be able to perform all the work identified above.

MetroLink Tulsa retains the option to select firms in this category that provide the greatest flexibility to MetroLink Tulsa in accepting both large and small dollar value assignments. Accordingly, more than two firms may be selected.

Firms submitting in this category should clearly indicate a commitment to accept both large and small dollar value assignments, or alternatively, whether their submittal is limited only to projects with a certain minimum value.

Category D – Environmental Engineering

MetroLink Tulsa may select multiple-qualified firms in this category. Firms submitting for Environmental services should possess a full range of design disciplines or assemble a team of professional sub-consultants capable of providing all the necessary disciplines that may be required in major building contracts. As a minimum this firm or team should be capable of providing:

• Monitoring.

• Compliance.

• Wastewater/Stormwater.

• Waste management.

• Site assessment & remediation.

• Indoor air quality.

• Air emissions.

• Pollution prevention & response planning.

• Underground storage tanks design & monitoring.

• Aboveground storage tanks design & monitoring.

Firms submitting in this category should clearly indicate a commitment to accept both large and small dollar value assignments, or alternatively, whether their submittal is limited only to projects with a certain minimum value.

4. SYNOPSIS OF SELECTION AND AGREEMENT NEGOTIATION PROCEDURES

It is the intent of MetroLink Tulsa to establish agreements with the consultants selected in each of the four categories. One of the selected firms in each category may be a DBE firm. The agreement will be a negotiated instrument establishing the consultant’s relationship with

MetroLink Tulsa, hourly rate schedule, DBE participation by contractor and/or subcontractor, and conditions of the agreement.

The agreement will be for Indefinite Delivery/Indefinite Quantity (IDIQ) services, using a negotiated Task Order (TO) for defining the scope of work, to determine person hours, establish the levels of professional skills and technicians required to perform the work, and the work schedule.

D. PROPOSAL SUBMISSION, EVALUATION AND

AWARD

1. Proposal Format

Proposals shall be submitted as follows.

a. The proposal package consists of two (2) volumes.

b. Volumes shall be submitted in the following order:

▪ Volume I – Technical Proposal

▪ Volume II – Contractual

b. Completed signed solicitation documents to include DBE & subcontractor documents, Receipt of Addenda form (if issued) and the documents listed below.

Volume I—Technical Proposal The technical proposal page limit is 30 pages. If a Proposer submits a proposal exceeding this limit, MetroLink Tulsa will consider the pages up to the allowable number and discard all subsequent pages.

The following are excluded from the page count:

• Title Page

• Table of Contents

• Letter of Transmittal

• Tabs or Indices

• Additional lists of references

• Résumé/background information (please restrict to a maximum of three (3) pages per individual)

• Section addressing the potential initial assignment (this section is optional and not to exceed 10 pages)

One page is defined as one side of a single, 8-1/2 x 11” page, with 11-point minimum font size for the substantive text. Any page over this size will be counted as two (2) pages. Any page or partial page with substantive text, tables, graphics, charts, résumés, etc. will be counted as one (1) page. Proposers may use their discretion for the font size of other materials (e.g. graphics, charts).

Each technical proposal should enable the evaluation committee to make a thorough evaluation and arrive at a sound determination as to whether the proposal will meet MetroLink Tulsa’s requirements. Each technical proposal must be so specific, detailed, and complete as to clearly and fully demonstrate that the Proposer has a thorough knowledge and understanding of the requirements and has valid and practical solutions for technical problems. Statements which paraphrase the requirements or state that “standard procedures will be employed” are inadequate to demonstrate how the Proposer will comply with the requirements of this procurement.

To achieve a uniform review process and obtain the maximum degree of compatibility, technical proposals must be organized as follows:

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

Letter of Transmittal The letter should be addressed to Kendel Haynes, Contract Administrator and signed by a corporate officer with authority to bind the firm. The letter must contain the following:

• Identification of proposing firm(s), including name, address, telephone number(s) and email addresses of each subcontractor.

Key Personnel Experience and Qualifications Provide a brief synopsis of the firm, including when and where incorporated, major business activities, and a listing of officers of the company. State whether the firm is local, regional, or national and how long the firm has been in existence under current ownership/management.

This section should demonstrate the Proposer’s architect/engineering planning experience, skills, and qualifications of the key personnel in the areas of architect/engineering requested in this RFP. Describe direct experience of architect/engineering planning and all staff to be assigned to MetroLink Tulsa’s account. Detail any plans on services the Proposer will provide that are not specifically required in this RFP.

Provide resumes and references for the key personnel and discuss the unique qualifications these individuals bring to the project. Indicate whether each has worked for entities like MTTA and what is requested in the RFP.

The offeror shall demonstrate past performance related to the scope of work. The offeror shall provide three (3) contract references both for itself and for any major subcontractor to enable MetroLink Tulsa to assess the quality of the offeror’s major subcontractor’s past performance. The referenced contracts shall be similar in scope, magnitude, and complexity to that contemplated in this RFP. The following information shall be included for each contract:

information about offeror’s past performance.

Provide an organizational chart showing how the account will be staffed. Indicate how the local staff will be supported by other regional or national staff and the reporting relationships between local staff and other firm management staff, if applicable.

Exceptions, and Omissions

Subcontractor Utilization Plan Subcontractors must be approved by MetroLink Tulsa prior to contract award. If applicable, Proposers shall provide the following information regarding unaffiliated firms that will perform a portion of the work.

• Company Name

• Address

• Contact person and title

• Telephone number, facsimile number and email address

• Indicate if an affiliate or subsidiary of another firm and provide details

• Date business was established and number of years under present ownership/management

• Services to be performed on this project

• Resumes indicating experience, education, licenses and certifications of key personnel that will be involved in this project

• Provide up to five (5) current, relevant references for contracts performing similar work. Included contract amount, contract start/end dates, type of services performed, assigned Project Manager and other key personnel.

• If a DBE, a copy of the firm’s current verification of certification must be submitted with the proposal.

Include the following signed and dated certification statement:

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

Volume II – Contractual Financial Condition of the Firm

Financial data will be held in confidence and will not become part of the procurement file or the awarded contract file. In this section the Proposer must submit information demonstrating that it is financially sound and has the necessary financial resources to perform the contract in a satisfactory manner. The Proposer is required to permit MTTA to inspect and examine its financial statements. The Proposer shall submit the firm’s most recent unaudited financial statements as well as two (2) years of its most recent audited annual financial statements. These statements consist of Statement of Financial Position (Balance Sheet), Results of Operations (Income Statement), Statement of Cash Flow, and Statement of Retained Earnings, and applicable footnotes. Supplementary financial information may be requested, as necessary.

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

2. Technical Proposal Evaluation Criteria

The evaluation committee will evaluate the following criteria which is listed in order of importance.

• Performance Record

• Experience & Qualifications

• Program Management

• Proposal Merit

• Other Relevant Matters for example:

▪ Key Personnel – Availability of Key Personnel

▪ Logic of Project Plan – Technical Approach

▪ Community Benefits

As this is a qualifications-based solicitation, pricing is not requested and should not be submitted.

3. Presentations/Interviews/Written Responses

After the closing date, selected Proposers with the highest evaluation ranking(s) may be invited to interview with the evaluation committee concerning its technical proposal. The evaluation committee may also require a Proposer(s) to submit written responses to questions regarding its proposal. Proposers selected for interview will be notified.

4. CONSULTANT SELECTION

Firms that are considered responsive, based on the written proposal, may be invited to present their proposal, at their own expense, to MetroLink Tulsa’s Selection Committee. Interviews are tentatively scheduled for the week of November 20, 2025 and Proposers will be informed as to the exact time of the interview. MetroLink Tulsa reserves the right only on initial proposals and to not interview all firms.

After the selection and ranking of firms, MetroLink Tulsa will enter negotiated with the top ranked firm(s). If MetroLink Tulsa fails to reach an agreement with the best firm(s), MetroLink Tulsa will enter negotiations with the next best Proposer and will continue to negotiate with firms until Consultants are under contract.

Consultants in agreement with the negotiated terms and conditions of the contract will be recommended to MetroLink Tulsa’s Board of Trustees for final authorization.

Appendix A: Required Forms and Certifications

In addition to the federal certifications and representations that are required to be submitted with the proposal. The following additional forms shall be included.

1. DBE Qualification Form

2. Statement of bidder’s/Proposer’s Qualifications

3. Authorization for Information

4. Customer Reference Listing

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1.0 DBE QUALIFICATION FORM

Is your firm certified as a DBE with the Oklahoma Department of Transportation

(ODOT)?

Does your firm meet the following requirements to qualify as a DBE under the DOT DBE program?

Disadvantaged owners are U. S. citizens or legal permanent residents.

Firm’s annual gross income does NOT exceed $17,20 million (averaged over 3 years).

Firm is at least 51% owned and controlled by socially and economically disadvantaged individuals.

Firm meets SBA small business size in the primary industry group (13 CFR part 121).

Firms owned by ANC’s Indian Tribes, and Native Hawaiian Organizations, meet the small business size requirements and are controlled by socially and economically disadvantaged individuals.

Firms and owners meet the requirements of part 26 concerning licenses and credentials.

Firms must be for profit.

Please check here if this does not apply to your company.

Contact Kendel Haynes at khaynes@metrolinkok.org should you need information regarding DBE Certification.

Please print the following information:

Firm Name

Authorized Signature

Title

Date

2.0 STATEMENT OF BIDDER’S/ PROPOSER'S QUALIFICATIONS (Page 1 of 2) All questions must be answered and the data given must be clear and comprehensive. This statement must be notarized. Should this page not be part of the bid/proposal packet, you’re bid will be classified as not in compliance and may be disqualified. The questions may be answered on separate attached sheets. Bidder/Proposer may submit additional information he/she desires.

1. Name of Bid/Proposer

2. Permanent Main Office Address

3. Office Phone Cell Phone

4. Fax Number E-mail Address

5. When Organized

6. If a Corporation, where Incorporated

7. How many years have you been engaged in business under your present firm or trade name?

8. List previous business names, if any

9. Have you ever failed to complete any work awarded to you?

10. Have you ever defaulted on a Contract Agreement?

11. If you answered yes to 9 or 10 above attach explanation.

12. Attach background and experience of the principal members of your organization, including the officers.

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13. DUNS # Provide D&B report or other statement of credit.

Bidder/Proposer may submit any additional information he/she desires.

Dated this day of , 20

Being duly sworn deposes and says that he/she is (Title) and that the answers to the foregoing questions and all statements therein contained are true and correct.

By:

Name of Corporation or Firm:

Authorized Signature:

State of

County of

Subscribed and sworn to before me this day of , 20

Notary Public

Notary Number My Commission Expires

NOTARY

SEAL HERE

3.0 AUTHORIZATION FOR INFORMATION

The undersigned hereby authorized and requests any person, firm, or corporation to furnish any information requested by MetroLink Tulsa in verification of the recitals comprising this Statement of Proposer's Qualifications that I, being duly sworn deposes and says that the answers to the foregoing questions and all statements contained and true and correct.

Dated this day of , 20

By:

Name of Corporation or Firm:

Authorized Signature:

State of

County of

Subscribed and sworn to before me this day of , 20

Notary Public

Notary Number

NOTARY

SEAL HERE

My Commission Expires

4.0 CUSTOMER REFERENCE LISTING

Vendor shall furnish the names, addresses, agreement, telephone numbers, and length of services and size of property of a minimum of five (5) firms or government organizations for which the vendor is currently furnishing or has in the past furnished service for.

1. COMPANY NAME ADDRESS CONTACT PERSON TELEPHONE NUMBER MONTH/YEAR COMPLETED VALUE OF CONTRACT

2. COMPANY NAME ADDRESS CONTACT PERSON TELEPHONE NUMBER MONTH/YEAR COMPLETED VALUE OF CONTRACT

3. COMPANY NAME ADDRESS CONTACT PERSON TELEPHONE NUMBER MONTH/YEAR COMPLETED VALUE OF CONTRACT

4. COMPANY NAME ADDRESS CONTACT PERSON TELEPHONE NUMBER MONTH/YEAR COMPLETED VALUE OF CONTRACT

5. COMPANY NAME ADDRESS CONTACT PERSON TELEPHONE NUMBER MONTH/YEAR COMPLETED VALUE OF CONTRACT

Appendix B: Federal Clauses

A. GENERAL TERMS

B. FEDERAL TERMS AND CONDITIONS

The following terms and conditions apply to this procurement

1. ENERGY CONSERVATION REQUIREMENTS

42 U.S.C. 6321 et seq. 49 CFR Part 18

Energy Conservation - The Contractor agrees to comply with mandatory standards and policies relating to energy efficiency which are contained in the state energy conservation plan issued in compliance with the Energy Policy and Conservation Act.

2. ACCESS TO RECORDS AND REPORTS

49 U.S.C. 5325 18 CFR 18.36 (i) 49 CFR 633.17

Access to Records - The following access to records requirements apply to this contract:

(1) Where the Purchaser is not a state but a local government and is the FTA Recipient or a sub grantee of the FTA Recipient in accordance with 49 C.F.R. 18.36(i), the Contractor agrees to provide the purchaser, the FTA Administrator, the Comptroller General of the United States or any of their authorized representatives access to any books, documents, papers and records of the Contractor which are directly pertinent to this contract for the purposes of making audits, examinations, excerpts and transcriptions. Contractor also agrees, pursuant to 49 C.F.R. 633.17 to provide the FTA Administrator or his authorized representatives including any PMO Contractor access to Contractor's records and construction sites pertaining to a major capital project, defined at 49 U.S.C. 5302(a)1, which is receiving federal financial assistance through the programs described at 49 U.S.C. 5307, 5309 or 5311.

(2) Where the Purchaser enters into a negotiated contract for other than a small purchase or under the simplified acquisition threshold and is an institution of higher education, a hospital or other non-profit organization and is the FTA Recipient or a sub-grantee of the FTA Recipient in accordance with 49 C.F.R. 19.48, Proposer agrees to provide the Purchaser, FTA Administrator, the Comptroller General of the United States or any of their duly authorized representatives with access to any books, documents, papers and record of the Proposer which are directly pertinent to this contract for the purposes of making audits, examinations, excerpts and transcriptions.

(3) The Contractor agrees to permit any of the foregoing parties to reproduce by any means whatsoever or to copy excerpts and transcriptions as reasonably needed.

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

(5) FTA does not require the inclusion of these requirements in subcontracts.

3. FEDERAL CHANGES

49 CFR Part 18

Federal Changes - Contractor shall at all times comply with all applicable FTA regulations, policies, procedures and directives, including without limitation those listed directly or by reference in the Master Agreement between Purchaser and FTA, as they may be amended or promulgated from time to time during the term of this contract. Contractor's failure to so comply shall constitute a material breach of this contract.

4. NO GOVERNMENT OBLIGATION TO THIRD PARTIES

No Obligation by the Federal Government

(1) The Purchaser and Contractor acknowledge and agree that, notwithstanding any concurrence by the Federal Government in or approval of the solicitation or award of the underlying contract, absent the express written consent by the Federal Government, the Federal Government is not a party to this contract and shall not be subject to any obligations or liabilities to the Purchaser, Contractor, or any other party (whether or not a party to that contract) pertaining to any matter resulting from the underlying contract.

(2) The Contractor agrees to include the above clause in each subcontract financed in whole or in part with Federal assistance provided by FTA. It is further agreed that the clause shall not be modified, except to identify the Sub-Contractor who will be subject to its provisions.

5. PROGRAM FRAUD AND FALSE OR FRAUDULENT STATEMENTS

AND RELATED ACTS

31 U.S.C. 3801 et seq. 49 CFR Part 31 18 U.S.C. 1001 49 U.S.C. 5307

Program Fraud and False or Fraudulent Statements or Related Acts

(1) The Contractor acknowledges that the provisions of the Program Fraud Civil Remedies Act of 1986, as amended, 31 U.S.C. § 3801 et seq. and U.S. DOT regulations, "Program Fraud Civil Remedies," 49 C.F.R. Part 31, apply to its actions pertaining to this Project. Upon execution of the underlying contract, the Contractor certifies or affirms the truthfulness and accuracy of any statement it has made, it makes, it may make, or causes to be made, pertaining to the underlying contract or the FTA assisted project for which this contract work is being performed. In addition to other penalties that may be applicable, the Contractor further acknowledges that if it makes, or causes to be made, a false, fictitious, or fraudulent claim, statement, submission, or certification, the Federal Government reserves the right to impose the penalties of the Program Fraud Civil Remedies Act of 1986 on the Contractor to the extent the Federal Government deems appropriate.

(2) The Contractor also acknowledges that if it makes, or causes to be made, a false, fictitious, or fraudulent claim, statement, submission, or certification to the Federal Government under a contract connected with a project that is financed in whole or in part with Federal assistance originally awarded by FTA under the authority of 49 U.S.C. § 5307, the Government reserves the right to impose the penalties of 18 U.S.C. § 1001 and 49 U.S.C. § 5307(n)(1) on the Contractor, to the extent the Federal Government deems appropriate.

(3) The Contractor agrees to include the above two clauses in each subcontract financed in whole or in part with Federal assistance provided by FTA. It is further agreed that the clauses shall not be modified, except to identify the Sub-Contractor who will be subject to the provisions.

6. TERMINATION

49 U.S.C. Part 18 FTA Circular 4220.1F

(1) Termination for Convenience (General Provision): The (Recipient) may terminate this contract, in whole or in part, at any time by written notice to the Contractor when it is in the Government's best interest. The Contractor shall be paid its costs, including contract close-out costs, and profit on work performed up to the time of termination. The Contractor shall promptly submit its termination claim to (Recipient) to be paid the Contractor. If the Contractor has any property in its possession belonging to the (Recipient), the Contractor will account for the same, and dispose of it in the manner the (Recipient) directs.

(2) Termination for Default (Supplies and Service): If the Contractor fails to deliver supplies or to perform the services within the time specified in this contract, or any extension, or if the Contractor fails to comply with any other provisions of this contract, the (Recipient) may terminate this contract for default. The (Recipient) shall terminate by delivering to the Contractor a Notice of Termination specifying the nature of the default. The Contractor will only be paid the contract price for supplies delivered and accepted, or services performed in accordance with the manner or performance set forth in this contract.

If, after termination for failure to fulfill contract obligations, it is determined that the Contractor was not in default, the rights and obligations of the parties shall be the same as if the termination had been issued for the convenience of the Recipient.

(3) Opportunity to Cure (General Provision): The Recipient, in its sole discretion may, in the case of a termination for breach or default, allow the Contractor an appropriately short period of time in which to cure the defect. In such case, the notice of termination will state the time period in which cure is permitted and other appropriate conditions

If Contractor fails to remedy to (Recipient)'s satisfaction the breach or default of any of the terms, covenants, or conditions of this Contract within [ten (10) days] after receipt by Contractor of written notice from (Recipient) setting forth the nature of said breach or default, (Recipient) shall have the right to terminate the Contract without any further obligation to Contractor. Any such termination for default shall not in any way operate to preclude (Recipient) from also pursuing all available remedies against Contractor and its sureties for said breach or default.

(4) Waiver of Remedies for any breach in the event that (Recipient) elects to waive its remedies for any breach by Contractor of any covenant, term or condition of this Contract, such waiver by (Recipient) shall not limit (Recipient)'s remedies for any succeeding breach of that or of any other term, covenant, or condition of this Contract.

7. GOVERNMENT-WIDE DEBARMENT AND SUSPENSION (NONPROCUREMENT)

Suspension and Debarment This contract is a covered transaction for purposes of 49 CFR Part 29. As such, the Contractor is required to verify that none of the Contractor, its principals, as defined at 49 CFR 29.995, or affiliates, as defined at 49 CFR 29.905, are excluded or disqualified as defined at 49 CFR 29.940 and 29.945.

The Contractor is required to comply with 49 CFR 29, Subpart C and must include the requirement to comply with 49 CFR 29, Subpart C in any lower tier covered transaction it enters into.

By signing and submitting its bid or proposal, the bidder or proposer certifies as follows:

The certification in this clause is a material representation of fact relied upon by MetroLink Tulsa. If it is later determined that the bidder or proposer knowingly rendered an erroneous certification, in addition to remedies available to MetroLink Tulsa, the Federal Government may pursue available remedies, including but not limited to suspension and/or debarment. The bidder or proposer agrees to comply with the requirements of 49 CFR 29, Subpart C while this offer is valid and throughout the period of any contract that may arise from this offer. The bidder or proposer further agrees to include a provision requiring such compliance in its lower tier covered transactions.

8. CIVIL RIGHTS REQUIREMENTS

29 U.S.C. § 623, 42 U.S.C. § 2000, 42 U.S.C. § 6102, 42 U.S.C. § 12112, 42 U.S.C. § 12132, 49 U.S.C. § 5332, 29 CFR Part 1630, 41 CFR Parts 60 et seq.

Civil Rights - The following requirements apply to the underlying contract:

(1) Nondiscrimination - In accordance with Title VI of the Civil Rights Act, as amended, 42 U.S.C. § 2000d, section 303 of the Age Discrimination Act of 1975, as amended, 42 U.S.C. § 6102, section 202 of the Americans with Disabilities Act of 1990, 42 U.S.C. § 12132, and Federal transit law at 49 U.S.C. § 5332, the Contractor agrees that it will not discriminate against any employee or applicant for employment because of race, color, creed, national origin, sex, age, or disability. In addition, the Contractor agrees to comply with applicable Federal implementing regulations and other implementing requirements FTA may issue.

(2) Equal Employment Opportunity - The following equal employment opportunity requirements apply to the underlying contract:

(a) Race, Color, Creed, National Origin, Sex - In accordance with Title VII of the Civil Rights Act, as amended, 42 U.S.C. § 2000e, and Federal transit laws at 49 U.S.C. § 5332, the Contractor agrees to comply with all applicable equal employment opportunity requirements of U.S. Department of Labor (U.S. DOL) regulations, "Office of Federal Contract Compliance Programs, Equal Employment Opportunity, Department of Labor," 41 C.F.R. Parts 60 et seq., (which implement Executive Order No. 11246, "Equal Employment Opportunity," as amended by Executive Order No. 11375, "Amending Executive Order 11246 Relating to Equal Employment Opportunity," 42 U.S.C. § 2000e note), and with any applicable Federal statutes, executive orders, regulations, and Federal policies that may in the future affect construction activities undertaken in the course of the Project. The Contractor agrees to take affirmative action to ensure that applicants are employed, and that employees are treated during employment, without regard to their race, color, creed, national origin, sex, or age. Such action shall include, but not be limited to, the following: employment, upgrading, demotion or transfer, recruitment, or recruitment advertising, layoff or termination; rates of pay, or other forms of compensation, and selection for training, including apprenticeship. In addition, the Contractor agrees to comply with any implementing requirements FTA may issue.

(b) Age - In accordance with section 4 of the Age Discrimination in Employment Act of 1967, as amended, 29 U.S.C. § § 623 and Federal transit law at 49 U.S.C. § 5332, the Contractor agrees to refrain from discrimination against present and prospective employees for reason of age. In addition, the Contractor agrees to comply with any implementing requirements FTA may issue.

(c) Disabilities - In accordance with section 102 of the Americans with Disabilities Act, as amended, 42 U.S.C. § 12112, the Contractor agrees that it will comply with the requirements of U.S. Equal Employment Opportunity Commission, "Regulations to Implement the Equal Employment Provisions of the Americans with Disabilities Act," 29 C.F.R. Part 1630, pertaining to employment of persons with disabilities. In addition, the Contractor agrees to comply with any implementing requirements FTA may issue.

(3) The Contractor also agrees to include these requirements in each subcontract financed in whole or in part with Federal assistance provided by FTA, modified only if necessary to identify the affected parties.

9. DISADVANTAGED BUSINESS ENTERPRISE (DBE)

49 CFR Part 26 Disadvantaged Business Enterprises

a. This contract is subject to the requirements of Title 49, Code of Federal Regulations, Part 26, Participation by Disadvantaged Business Enterprises in Department of Transportation Financial Assistance Programs. The national goal for participation of Disadvantaged Business Enterprises (DBE) is 10%. The agency’s overall goal for DBE participation is 4%. A separate contract goal has not been established for this procurement.

b. The Contractor shall not discriminate on the basis of race, color, national origin, or sex in the performance of this contract. The Contractor shall carry out applicable requirements of 49 CFR Part 26 in the award and administration of this DOT-assisted contract. Failure by the Contractor to carry out these requirements is a material breach of this contract, which may result in the termination of this contract or such other remedy as MetroLink Tulsa deems appropriate. Each subcontract the Contractor signs with a Sub-Contractor must include the assurance in this paragraph (see 49 CFR 26.13(b)).

c. The successful bidder/proposer will be required to report its DBE participation obtained through race-neutral means throughout the period of performance.

d. The prime contractor agrees to pay each subcontractor under this prime contract for satisfactory performance of its contract no later than 15 days from the receipt of each payment the prime contractor receives from MetroLink Tulsa. The prime contractor agrees further to return any retainage payments to each subcontractor within 20 days after the subcontractor's work is satisfactorily completed. Should payment not be rendered in a timely manner, MetroLink Tulsa shall hold an informal hearing, where the contractor and subcontractor, meet with representatives from MetroLink Tulsa. After hearing from both parties, a decision will be rendered within five days, detailing the consequences/sanctions, which shall be consistent with the non-compliant issue, which could, if warranted, include termination for default or convenience. The contractor officer shall work with the DBELO and Administrator of Grants and Procurement, and other representatives as necessary. Any delay or postponement of payment from the above referenced time frame may occur only for good cause following written approval of MetroLink Tulsa. This clause applies to both DBE and non-DBE subcontracts.

e. The contractor must promptly notify MetroLink Tulsa, whenever a DBE subcontractor performing work related to this contract is terminated or fails to complete its work, and must make good faith efforts to engage another DBE subcontractor to perform at…