1-RFP 25-22 Work Controlled Gate.pdf

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Request for Proposals Work Controlled Gate

RFP #25-22

November 14, 2025

Metropolitan Tulsa Transit Authority

510 South Rockford Avenue

Tulsa, Oklahoma 74120

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Request for Proposals

Table of Contents

1.0 INTRODUCTION

2.0 INSTRUCTIONS TO PROPOSERS

1. PROPOSAL FORMAT

2. TERMS AND CONDITIONS

3. BIDDER’S NOTICE OF INTENT TO SUBMIT A PROPOSAL ........................ Error! Bookmark not defined.

5. ACCEPTANCE AND REJECTION

6. TIME FOR CONSIDERATION

7. PAYMENT TERMS

8. CONDITION OF GOODS

9. DEVIATIONS FROM SPECIFICATIONS

10. INFORMATION AND DESCRIPTIVE LITERATURE

11. CONFIDENTIALITY OF PROPOSALS

12. PRE-PROPOSAL CONFERENCE

13. CONFLICTS OF INTEREST

14. POST AWARD

15. PROTEST PROCEDURES

3.0 SCOPE OF WORK

3.1 INTRODUCTION AND OBJECTIVES

4.0 PROPOSAL FORMAT & REQUIREMENTS

4.1 SUBMITTAL REQUIREMENTS

4.2 PROPOSAL FORMAT

COVER LETTER

STATEMENT OF QUALIFICATIONS

REFERENCES

RESUMES OF KEY PERSONNEL

WORK PLAN

QUALITY CONTROL PLAN

PRICING

DISCLOSURE OF PROPOSAL CONTENTS

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5.0 CONSULTANT SELECTION PROCEDURE

5.1 EVALUATION CRITERIA

6.0 PROPOSAL FORMS

1.0 DBE QUALIFICATION FORM

2.0 STATEMENT OF BIDDER’S/ PROPOSER'S QUALIFICATIONS (PAGE 1 OF 2)

3.0 AUTHORIZATION FOR INFORMATION

4.0 CUSTOMER REFERENCE LISTING

A. GENERAL TERMS

1. ASSIGNMENT

2. ADVERTISING

B. FEDERAL TERMS AND CONDITIONS

1. ENERGY CONSERVATION REQUIREMENTS

2. ACCESS TO RECORDS AND REPORTS

3. FEDERAL CHANGES

4. NO GOVERNMENT OBLIGATION TO THIRD PARTIES

5. PROGRAM FRAUD AND FALSE OR FRAUDULENT STATEMENTS

6. TERMINATION

7. GOVERNMENT-WIDE DEBARMENT AND SUSPENSION (NONPROCUREMENT)

8. CIVIL RIGHTS REQUIREMENTS

9. DISADVANTAGED BUSINESS ENTERPRISE (DBE)

10. INCORPORATION OF FEDERAL TRANSIT ADMINISTRATION (FTA) TERMS

11. SPECIAL NOTIFICATION REQUIREMENTS FOR STATES

C. CERTIFICATIONS AND REPRESENTATIONS

1. CERTIFICATION REGARDING COMPTROLLER GENERAL’S LIST OF INELIGIBLE PROPOSERS

3. PROGRAM FRAUD AND FALSE OR FRAUDULENT STATEMENTS AND RELATED ACTS

4. CONTRACTOR DEBARMENT CERTIFICATION

5. CONTRACTOR REGARDING DEBARMENT, SUSPENSION, INELIGIBILITY AND VOLUNTARY

EXCLUSION LOWER TIER COVERED TRANSACTION

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1.0 INTRODUCTION

Proposals shall be received by the Metropolitan Tulsa Transit Authority (MetroLink Tulsa), Attention Contract Administrator via Bonfire, at or before December 15, 2025, 4:30PM Central Standard Time, Monday, for the development and implementation of Work Controlled Gate 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 is seeking a “best value” proposal. In doing so MetroLink Tulsa may not award to the lowest priced firm but will weigh other factors as listed in 5.1 Evaluation Criteria in making a selection. 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 let 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 clearly marked with the RFP number and submitted via Bonfire:

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

Request for Proposal Released November 14, 2025

Advertisement November 17, 2025-December 1, 2025

Deadline for Questions Regarding the RFP December 5, 2025 @ 4:30 p.m.

Response to questions December 10, 2025 @ EOD

Proposals Due December 15, 2025@ 4:30p.m.

Interviews (if deemed necessary) None required

Contract Award (tentative) December 19, 2025

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2.0 INSTRUCTIONS TO PROPOSERS

1. PROPOSAL FORMAT

MetroLink Tulsa requires submissions be submitted via Bonfire.

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.

DUE DATE

Proposals must be received by MetroLink Tulsa no later than 4:30 PM Central Standard Time on December 15, 2025.

CONTACT INFORMATION

For questions or additional information, contact the buyer via Bonfire. Include the RFP number on the subject line of all correspondence.

Proposers are encouraged to contact the Contract Administrator if there is anything in the specifications that would prevent them from submitting a proposal. Electronic submissions are the preferred method of answering questions and must be received no later than December 5, 2025 @ 4:30 p.m.

3. AMENDMENTS TO THE REQUEST FOR PROPOSALS

Any amendments to the solicitation will be posted on MetroLink Tulsa 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 the receipt of all amendments as part of the proposal package.

4. 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.

5. TIME FOR CONSIDERATION

https://www.metrolinkok.org/rfps/openbids/

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

6. PAYMENT TERMS

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

7. 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.

8. 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.

9. 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.

10. 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.

11. PRE-PROPOSAL CONFERENCE

A pre-proposal conference is not expected to be held.

PRICING / QUANTITY

Pricing information is required in accordance with the Section 4 of this RFP.

12. 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.

13. POST AWARD

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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.

14. 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 Contract Administrator. Any protest filed by a proposer in connection with the RFP must be submitted in accordance with MetroLink Tulsa’s written procedures.

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3.0 SCOPE OF WORK

3.1 INTRODUCTION AND OBJECTIVES

MetroLink Tulsa is seeking proposals from qualified, responsive, and culpable vendors for the installation of a Work Controlled Gate to better serve its employees and visitors of MetroLink Tulsa.

Scope of Work/Specifications

Work Description

2.1 Supply and Installation

• Supply and install one (1) complete automated gate system, including:

o Gate leaf/panel (swinging or sliding type as specified) o Gate posts and support frames o Motorized gate operator(s) with necessary brackets and housing o Control panel and safety devices o Access control devices (e.g., RFID reader, keypad, card reader, biometric scanner) o Safety sensors (loop detectors, photocells, edge sensors) o Manual release mechanism for power outages o Electrical wiring and conduits for gate automation and control

2.2 Civil and Structural Works

• Excavation and concrete foundation for gate posts and motor bases

• Installation of cable trenches and conduits

• Repair and restoration of existing pavement or fencing affected by installation

• Mounting and alignment of gate panels and mechanical components

2.3 Electrical and Control Works

• Supply and installation of control wiring between gate motors, control panels, and access devices

• Connection to existing electrical supply, including circuit breakers and isolators

• Integration with existing security systems (CCTV, intercom, or building management system, if applicable)

• Programming of gate control logic (e.g., opening/closing sequences, timer settings)

2.4 Testing and Commissioning

• Functional testing of all gate operations (open, close, emergency stop, safety reversal)

• Verification of access control functionality and user permissions

• Load and endurance testing to confirm smooth, reliable operation

• Handover of all manuals, warranties, and as-built documentation

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2.5 Training and Handover

• On-site training for client personnel on operation and maintenance

• Provision of operation and maintenance (O&M) manuals

• Final inspection and acceptance by client

3. Exclusions (if applicable)

• Supply of incoming power beyond designated point

• Network infrastructure for access control system (unless specified)

• Landscaping or major civil reconstruction outside immediate gate area

• Ongoing maintenance beyond the defect liability period

4. Deliverables

• Installed and operational controlled gate system

• As-built drawings (mechanical, electrical, and control layouts)

• Test reports and commissioning certificates

• User training completion report

5. Standards and References All works shall comply with relevant codes and standards, including:

• Manufacturer’s installation guidelines

• IEC/BS/ASTM standards for electrical and mechanical works

• Local authority and safety regulations

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4.0 PROPOSAL FORMAT & REQUIREMENTS

4.1 SUBMITTAL REQUIREMENTS

Contractors that submit proposals in response to this “Request for Proposals” must have the capability of providing some or all of the services listed. MetroLink Tulsa assumes no obligation of any kind for expenses incurred by any respondent to this solicitation. All submittals become the property of MetroLink Tulsa and will not be returned. The submittal shall meet the following requirements or will be deemed non-responsive and will not be eligible for consideration of this project:

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

• Each criterion for selection must be addressed.

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

• Maximum length of proposal is 60 pages excluding required forms and Exhibit A pricing sheet, cover letter, resumes and proposal tabs/dividers.

• Submittals are due no later than 4:30 p.m., December 15, 2025 to Kendel Haynes, Contract Administrator via Bonfire.

• Submittals shall be submitted via Bonfire, clearly marked RFP # 25-22 Work Controlled Gate.

• The proposed fee (Exhibit A) shall be provided in a separately. Price should be provided by firm on their own form.

• Late submittals will be deemed non-responsive and will not be considered for the project.

From the date of this RFP until 4:30 p.m. December 5, 2025, all questions and inquiries should be submitted via Bonfire.

All prospective offerors will be notified of questions and responses by addendum by the close of business on December 10, 2025.

Prices shall not be made public until the contract is awarded. Proposals may not be withdrawn after the submission date.

This solicitation does not obligate MetroLink Tulsa to pay for costs incurred in the preparation of proposals or to award a contract. MetroLink Tulsa reserves the right to accept or reject any or all proposals, or to cancel in part or in whole, this solicitation.

4.2 PROPOSAL FORMAT

COVER LETTER

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Include a Letter of Transmittal signed by the person(s) with the authority to bind the firm and answer questions or provide clarification concerning the submitted proposal. Include the following information:

• Firm name, address, telephone number

• Email of proposal contact

• Contact Name & Title

• Year Business Established

• Type of Organization indicate whether a sole proprietor, partnership or corporation and whether or not a disadvantaged business enterprise (DBE).

• List of subcontractors, their role on the team and whether a DBE

The cover letter should not exceed three pages.

STATEMENT OF QUALIFICATIONS

Please state qualifications and relevant experience in conducting business similar to that, which is required herein, within the last five (5) years. Include same information for proposed subcontractors.

REFERENCES

Provide four (4) client references from prior projects conducted in the last five (5) years. If any transit system work, please include this. Include organization name, address, telephone number, and name and title of a contact person. Include same information for proposed subcontractors.

RESUMES OF KEY PERSONNEL

Provide resumes showing the names, experience, and professional qualifications of the key personnel to be assigned to this project. If subcontractors, joint ventures, or both are contemplated, include the qualifications, experience, and references of the entire team.

WORK PLAN

Submit a detailed work plan describing how your firm intends to provide the services outlined in the scope of work contained in Section 3 of this RFP. Proposed features of the application should be included in this section. In addition, the work plan should include an implementation schedule and identify roles and responsibilities of the parties to be involved in the implementation. If

9 | P a g e subcontractors, joint ventures, or both are contemplated, identify the entire team, and specifically identify the intended lead of the prime contractor.

QUALITY CONTROL PLAN

Submit a quality control plan describing how you intend to meet the requirements outlined in the scope of work.

PRICING

Submitted separately, project budget by task, person (with fully burden labor rate), hours.

Include budget for base project and each optional task.

DISCLOSURE OF PROPOSAL CONTENTS

To the extended permitted by State and Federal law, information provided in all proposals will be held in confidence and not revealed or discussed with competitors. All material submitted becomes the property of MetroLink Tulsa and may be returned only at the MetroLink Tulsa’s option. Proposals submitted to MetroLink Tulsa will be reviewed and evaluated by persons of MetroLink Tulsa’s choosing, other than competing proposers. MetroLink Tulsa retains the right to use any and/or all ideas presented in reply to the RFP. Eventual selection or rejection of proposals does not affect this right.

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5.0 CONSULTANT SELECTION PROCEDURE

Selection of the successful proposal shall be generally based on the information provided by the developer in response to the Request for Proposals and any subsequent interviews that may be conducted. Developer interview will be held solely at the option and discretion of the MetroLink Tulsa. The process for selection shall occur in the following sequence:

• Review and ranking of proposals

• Establish a “short list”

• Interview “short-listed” firms (at the option and discretion of the MetroLink Tulsa)

• Identify best qualified firm(s)

• Award contract

A project selection committee will be formed to evaluate the proposals and to make recommendation to the MetroLink Tulsa Board of Trustees. This committee may consist of representatives from various departments within the MetroLink Tulsa and/or representatives from other stakeholders including the City of Tulsa. Composition of this committee is at the sole discretion of the MetroLink Tulsa. Names of the committee members will not be released prior to the time of interviews.

The committee will review the proposals for format to ensure conformance with the requirements of the RFP and may select finalists to interview with the Committee as a part of the Committee’s evaluation process. MetroLink Tulsa does not guarantee that an interview will take place, thus reserving the right to select a vendor based solely on the information provided in the proposals received in response to the RFP.

MetroLink Tulsa’s General Manager will review the committee recommendation and decide whether to accept, reject, or modify the recommendation before presenting to the Board of Trustees. The Board of Trustees is charged with making a contract award.

5.1 EVALUATION CRITERIA

MetroLink Tulsa is following a “Best Value” approach to selecting a developer for this RFP. In doing so MetroLink Tulsa may not award to the lowest priced firm but will weigh other factors as listed below in making a selection.

The following information and criteria, in order of importance, will be used to evaluate and rank responses and the presentation, should the MetroLink Tulsa choose to conduct interviews with short-listed firms:

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1. Work Plan and quality control plan in executing the scope of work outlined in Section 3.0 (20pts)

2. The proposer’s experience with projects similar to those listed in Section 3.0 (20pts)

3. The proposers’ past record of performance on contracts, including factors such as cost control, quality of work, and ability to meet schedules (20pts)

4. The qualifications and experience of the key project members (20pts)

5. Price (evaluated separately) (20pts)

6.0 PROPOSAL FORMS

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

1.0 DBE Qualification Form

2.0 Statement of Bidder’s / Proposer’s Qualifications

3.0 Authorization for Information

4.0 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 mailto:khaynes@metrolinkok.org

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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.

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

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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

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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

Name of Corporation or Firm:

Authorized Signature:

State of

County of

Notary Public

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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 _____________________________________________

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A. GENERAL TERMS

The following clauses will be incorporated in any contract awarded pursuant to this RFP.

1. ASSIGNMENT

A. The successful proposer may not assign or subcontract its rights or obligations under the contract without prior written permission of MetroLink Tulsa, and no such assignment or subcontract will be effective until approved in writing by MetroLink Tulsa.

B. MetroLink Tulsa reserves the right to assign all or a portion of this contract to any other agency and/or governmental entity, or a Contractor of MetroLink Tulsa.

2. ADVERTISING

Proposer agrees not to use the existence of this contract or the name of MetroLink Tulsa as a part of any commercial advertising without the prior written approval of MetroLink Tulsa’s General Manager or designee.

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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.

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(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.

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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

21 | P a g e 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

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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, 23 | P a g e 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

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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 least the same amount of work. The contractor may not terminate any DBE subcontractor and perform that work through its own forces or those of an affiliate without prior written consent of MetroLink Tulsa.

10. INCORPORATION OF FEDERAL TRANSIT ADMINISTRATION (FTA) TERMS

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Incorporation of Federal Transit Administration (FTA) Terms The preceding provisions include, in part, certain Standard Terms and Conditions required by DOT, whether or not expressly set forth in the preceding contract provisions. All contractual provisions required by DOT, as set forth in FTA Circular 4220.1F, are hereby incorporated by reference. Anything to the contrary herein notwithstanding, all FTA mandated terms shall be deemed to control in the event of a conflict with other provisions contained in this Agreement. The Contractor shall not perform any act, fail to perform any act, or refuse to comply with any (name of grantee) requests which would cause (name of grantee) to be in violation of the FTA terms and conditions.

11. SPECIAL NOTIFICATION REQUIREMENTS FOR STATES

To the extent required by Federal law, the State agrees that, in administering any Federal Assistance Program or Project supported by the underlying Grant Agreement or Cooperative Agreement, any request for proposals, solicitation, grant application, form, notification, press release, or other publication involving the distribution of Federal assistance for the Program or the Project shall indicate that FTA is the Federal agency that is providing the Federal assistance, the Catalog of Federal Domestic Assistance Number of the program from which the Federal assistance is authorized, as applicable, and the amount provided.

C. CERTIFICATIONS AND REPRESENTATIONS

The following certifications and representations are required to be submitted as part of the proposal package.

1. Certification Regarding Comptroller General’s List of Ineligible Proposers

2. Program Fraud and False or Fraudulent Statements and Related Acts

3. Contractor Debarment Certification

4. Contractor Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion, Lower Tier Covered Transaction

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1. CERTIFICATION REGARDING COMPTROLLER GENERAL’S LIST OF INELIGIBLE

PROPOSERS

The Proposer or Contractor certifies to the best of its knowledge and belief, that it and its principals:

1. Are not presently debarred, suspended, proposed for debarment, declared ineligible or voluntarily excluded from covered transactions by the Comptroller General;

2. Have not within a three-year period preceding this proposal been convicted of or had a civil judgment rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (Federal, State, or local) transaction or Contract Agreement under a public transaction; violation of Federal or State antitrust statutes, or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property;

3. Are not presently indicted for or otherwise criminally or civilly charged by a governmental entity (Federal, State, or local) with commission of any of the offenses enumerated in paragraph (2) of this certification; and

4. Have not within a three-year period preceding this application/proposal had one or more public transactions (Federal, State, or local) terminated for cause or default.

(If the Proposer or Sub-Contractor is unable to certify to any of the statements in this certification, the participant shall attach an explanation to this certification.)

THE PROPOSER OR CONTRACTOR, CERTIFIES OR AFFIRMS THE TRUTHFULNESS AND ACCURACY

OF THE CONTENTS OF THE STATEMENTS SUBMITTED ON OR WITH THIS CERTIFICATION AND

UNDERSTANDS THAT THE PROVISIONS OF 31 U.S.C. SECTIONS 3801 et. seq. ARE APPLICABLE

Authorized Signature Company

The authorized official signing above hereby certifies that he/she shall, under State and Local law, comply with the subject assurances and that the certification above has been legally made.

State of County of

Notary Public

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3. PROGRAM FRAUD AND FALSE OR FRAUDULENT STATEMENTS AND RELATED ACTS

(1) The Proposer 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 proposal, the Proposer 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 Proposer 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 Proposer to the extent the Federal Government deems appropriate.

(2) The Proposer 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 Tulsa Transit of 49 U.S.C. § 5307, the Government reserves the right to impose the penalties of 16 U.S.C. § 1001 and 49 U.S.C. § 5307(n)(1) on the Proposer, to the extent the Federal Government deems appropriate.

(3) The Proposer 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.

The Proposer certifies or affirms the truthfulness and accuracy of each statement of its certification and disclosure, if any. In addition, the Proposer understands and agrees that the provisions of the above regulations and apply to this certification and disclosure, if any.

Company Name

Signature

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4. CONTRACTOR DEBARMENT CERTIFICATION

(To be submitted with each bid or offer exceeding $25,000.)

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.