1-RFP 26-02 On-Board Survey.pdf

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Request for Proposals On-board Survey

RFP # 26-02

January 20, 2026

Metropolitan Tulsa Transit Authority

510 South Rockford Avenue

Tulsa, Oklahoma 74120

REQUEST FOR PROPOSALS

On-Board Survey Services

Table of Contents

1.0 INTRODUCTION

2.0 INSTRUCTIONS TO PROPOSERS

1. PROPOSAL FORMAT

2. TERMS AND CONDITIONS

3. DUE DATE

4. CONTACT INFORMATION

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

7. ACCEPTANCE AND REJECTION

8. TIME FOR CONSIDERATION

9. PAYMENT TERMS

10. CONDITION OF GOODS

11. DEVIATIONS FROM SPECIFICATIONS

12. INFORMATION AND DESCRIPTIVE LITERATURE

13. CONFIDENTIALITY OF PROPOSALS

14. PRE-PROPOSAL CONFERENCE

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15. PRICING / QUANTITY

16. CONFLICTS OF INTEREST

17. POST AWARD

18. PROTEST PROCEDURES

3.0 SCOPE OF WORK

4.0 FIRM SELECTION PROCEDURE

4.1 EVALUATION CRITERIA

5.0 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

B. FEDERAL TERMS AND CONDITIONS

1. ENERGY CONSERVATION REQUIREMENTS

2. CLEAN WATER REQUIREMENTS

3. ACCESS TO RECORDS AND REPORTS

4. FEDERAL CHANGES

5. CLEAN AIR

6. NO GOVERNMENT OBLIGATION TO THIRD PARTIES

7. PROGRAM FRAUD AND FALSE OR FRAUDULENT STATEMENTS

8. TERMINATION

9. GOVERNMENT-WIDE DEBARMENT AND SUSPENSION (NONPROCUREMENT)

10. CIVIL RIGHTS REQUIREMENTS

11. BREACHES AND DISPUTE RESOLUTION

12. DISADVANTAGED BUSINESS ENTERPRISE (DBE)

13. INCORPORATION OF FEDERAL TRANSIT ADMINISTRATION (FTA) TERMS

14. LOBBYING

15. SPECIAL NOTIFICATION REQUIREMENTS FOR STATES

16. PROHIBITION ON CERTAIN TELECOMMUNICATIONS AND VIDEO SURVEILLANCE

SERVICES OR EQUIPMENT

17. SAFE OPERATION OF MOTOR VEHICLES

C. CERTIFICATIONS AND REPRESENTATIONS

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1.0 INTRODUCTION

Sealed proposals shall be received by the Metropolitan Tulsa Transit Authority (MetroLink Tulsa), Contract Administrator, at 510 S. Rockford, Tulsa, Oklahoma at or before February 19, 2026 4:30PM Central Daylight Savings Time, for On-board Surveys Services 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. 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 shall be submitted online via Bonfire:

Metropolitan Tulsa Transit Authority ATTN: Kendel Haynes Contract Administrator 510 S. Rockford Tulsa, Oklahoma 74120 Fax: 918-582-5209

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

Request for Proposal Released January 20, 2026 Advertisement January 24th and 31st, 2026 Deadline for Questions Regarding the RFP February 11, 2026 @ 4:30PM Response to questions February 16, 2026 EOD Proposals Due February 19, 2026 @ 4:30PM Contract Award February 24, 2026 @ NOON

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2.0 INSTRUCTIONS TO PROPOSERS

1. PROPOSAL FORMAT

2. MTTA requires an all submissions to be submitted online via Bonfire. Prices must be included on the form provided in a separately sealed envelope appropriately labeled.

3. 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.

4. DUE DATE

Sealed proposals must be received by MetroLink Tulsa no later than 4:30PM Central Savings Time on February 19, 2026.

5. CONTACT INFORMATION

For questions or additional information, contact the buyer via Bonfire or by email: Kendel Haynes, Contract Administrator, khaynes@metrolinkok.org. Include the RFP number on the subject line of all email correspondence.

Proposers are encouraged to contact the Contract Administrator if there is anything in the specifications that would prevent you from submitting a proposal. Electronic submissions are the preferred method of answering questions, and must be must be received no later than February 11, 2026 @ 4:30PM.

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

Email the Contract Administrator indicating your intent to submit a proposal. Include the mailto:khaynes@metrolinkok.org

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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.

7. 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 the receipt of all amendments as part of the proposal package.

8. 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.

9. TIME FOR CONSIDERATION

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

10. PAYMENT TERMS

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

11. 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.

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

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12. 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.

13. 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.

14. 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.

15. PRE-PROPOSAL CONFERENCE

A pre-proposal conference is not deemed to be necessary on this project. Should any proposer have a question you are directed to contact the Contract Administrator via Bonfire or by e-mail at khaynes@metrolinkok.org. Bonfire is the preferred method of asking questions.

16. PRICING / QUANTITY

MetroLink Tulsa wishes to contract for a firm to perform functional assessments and make eligibility recommendations for On-Board Survey services for a period of three (3) years with one (2) year option.

17. CONFLICTS OF INTEREST

Proposer must identify any conflicts of interest that exist related to past, present or

7 | P a g e 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.

18. 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.

19. 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.

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3.0 SCOPE OF WORK

Purpose:

Transit on-board surveys are conducted to provide agencies with a full overview of transit riders, including origins and destinations, socio-demographics, fare payment preferences, travel purposes, means of access/egress, and time of travel. The on-to-off count provides an understanding of boarding and alighting patterns on individual routes. MetroLink seeks to administer the on-board survey to riders on all fixed-routes agencies service area. The data collected includes an on-to-off count and a full on-board survey.

II. Area Covered and Services:

The Consultant shall perform all the necessary services provided under the Contract relating to MetroLink’s Service Area. This section contains the scope of service related to the administration of the On-Board Transit Survey and subsequent data tabulation and processing. The Consultant shall do, perform and carry out, in a satisfactory and proper manner, as determined by MetroLink, the following work and services.

III. Completion of Task Items:

Task 1: Develop a Work Plan and Schedule.

With input from the Metrolink Staff, the Consultant will develop a detailed work plan for implementing the survey, including Title VI reporting. The federal government does not directly regulate how public agencies should conduct origin-destination surveys, however, the Federal Transit Administration (FTA) of the US Department of Transportation (USDOT) offers guidance on Title VI federal laws and regulations that impact the frequency, content, and delivery of passenger surveys. Title VI of the 1964 Civil Rights Act protects people from discrimination based on race, color, and national origin in programs and activities receiving federal financial assistance. The 2012 FTA Circular 4702.1B: Title VI Requirements (FTA Title VI Circular) outlines current Title VI guidance and regulations for transit providers. The circular provides guidance on the types of information transit agencies should collect, including information through passenger surveys, to ensure they are compliant with Title VI.

The work plan will identify specific products, schedules, staff assignments, and quality control measures. The product of this task is Draft Working Paper #1, which documents the work plan.

Task 2: Survey Design and Sampling Plan.

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The Consultant will develop a survey in-phases design based on collecting data using an in-person interview methodology, and with a goal of completing surveys for a statistically representative sample (such as +/- 3% to 5% at the 95% confidence level, variable rate sampling depending on route volume, etc.) of transit riders in the region, as well as fulfilling Title VI requirements, including a strategic LEP approach. The Consultant will also collect boarding and alighting data on sampled routes, develop a weighting strategy for expansion of the dataset and an approach for maximizing response of low-income travelers and hard-to-reach / under- represented populations, including the possible use of incentives to increase response rates. The preferred framework will allow any number of datasets to inform a survey multi-criteria expansion, including, but not limited to, boarding counts, APC/AVL-based boarding and alighting counts, schedule-based GTFS data, and via iterative proportional fitting or any other method. MTTA will produce data from APC on board upon request.

Develop an LEP populations approach on how to best gather a representative sample that includes those who do not read or speak English. The product of this task will constitute Draft Working Paper #2, which documents the survey design and the sampling plan.

All data collected as part of this project must be verified for its accuracy, and consistency with FTA and DOT rules and regulations. All data must be in a format that is transferable to the NTD database and structured to meet Title VI reporting requirements.

Task 3: Develop Survey Instrument.

The Consultant will design a survey instrument in English and Spanish (and may likely need more languages), as well as any programming of questionnaires on Personal Digital Assistants (PDAs), tablet PCs, web-based or the use of other data collection technologies proposed by the Consultant, including “on-the-fly” geo-coding. Leveraging “Big Data”, passive & automated data, and smart phone applications should also be considered to trace the movements of riders and better inform tour context questions. Short transit trips should be given special consideration and strategically addressed in the proposal.

At a minimum, the following data items will be on the instrument:

• Household size

• Number of autos available in household

• Number of workers in household

• Household Life Cycle (retired, presence or absence of children, etc.)

• Age of respondent

• Trip purpose

• Information on complete transit trip

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• First boarding stop and last egress stop

• List of all routes planned to use on trip

• Number of routes/transfers to complete trip

• For walk access/egress – Walk distance to transit

• For drive access – Park and Ride lot location

• Other access/egress modes such as TNC (Uber, Lyft), ride-hailing, bikeshare, scooter, etc., as well as dropped-off / kiss-and-ride

• Fare payment method

• Origin address and type of place (such as home location)

• Destination address and type of place (such as work or school location)

• How often this trip is made

• Time of Day

• Auto availability for this trip

• Driver’s License

• Household Income

The product of this task will be Draft Working Paper #3, which documents the survey methodology, and a survey instrument in English and Spanish (and possibly other languages).

Task 4: Interview Training Manual The Consultant will develop an interview training manual, detailing the interviewer’s role and responsibility, as well as administrative matters pertaining to the survey implementation. The product of this task will be Draft Working Paper #4, which details the interview survey manual.

Task 5: Conduct and Evaluate Pre-test / Pilot-test The Consultant, with guidance from Metrolink, will conduct a pre-test / pilot-test to evaluate the survey methodology and instrument. This test will include all aspects of the survey process. The Consultant will evaluate the results and make recommendations for revisions to the survey instrument and/or sampling plan.

The product of this task will be Draft Working Paper #5, which documents the pre-test procedures, results, evaluation, and any proposed changes to the survey instrument, survey methodology, or interview training manual.

Task 6: Administration of On-Board Transit Survey in MTTA Service Area The Consultant will conduct a full survey using the survey procedures finalized in Task 5.

For a survey to be complete, it must have answers to the following variables: Trip purpose, origin and destination locations, mode of access to transit, household size, household

11 | P a g e vehicles owned, household workers and household income. For teenagers and young adults living at home income information is desirable, however they may have no way of knowing this information.

For these two groups, blank income information will be accepted only if household location is provided. Furthermore, to ensure that the results may also be used for Title VI reporting purposes, a complete survey must also include race, ethnicity and LEP status.

The end products of this task are the completed On-board Transit surveys as well as Working Draft Paper #6, which documents response rates as well as measures used to minimize illogical data and non-sampling biases.

Task 7: Data Processing and Analysis The Consultant will perform data verification, data processing, and quality control on the raw survey records. The data will be checked for logic and consistency in the answers.

Address data will be geo-coded and the current traffic analysis zone structure. Those trip records indicating a trip which either originates or terminates outside of the Metrolink service area will be assigned a TAZ code equivalent to the county’s FIPS code.

After the initial QA/QC, the Consultant will then build trip tables for each detailed trip purpose, then transform unlinked trips to linked trips, and implement a linked trip decomposition test to check for transfer bias in the survey sample. The trip tables will be assigned to ARC’s travel demand model and the results analyzed for the ability of the trips to be assigned. The model’s transit skimming and path-building procedures will be evaluated to ensure the Origin-Destination paths match the survey results. The ability to assign the survey trip tables will be key to determining the completeness of the survey.

Once any inconsistencies are resolved, the Consultant will propose and implement weighting of the survey data to provide an expanded dataset. The Consultant will also perform descriptive statistical analysis on the weighted and unweighted data.

The end products of these tasks are Draft Working Paper #7 which summarizes the procedures and results of the data verification and weighting, trip tables by trip purpose and time of day, and two data files, one with the unweighted verified geo-coded transit trip records, and one with the weighted verified geo-coded transit trip records, and/or via electronic delivery.

Task 8: Prepare Final Report and Data Files Upon approval of Tasks 7 and 8, the Consultant will prepare a final data file and final report, including a data visualization dashboard, to provide insight into the transit on-board survey results. This task includes the following sub-tasks.

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a. This documentation will include 1 copy, paper and electronic, of all final working papers reflecting review and comment, summarize entire effort and present conclusions and findings.

b. Prepare the final data files for electronic delivery.

Delivery of End Products:

End Products & Delivery Date

• Draft working paper No. 1: One month after award of contract

• Draft working paper No. 2: Two months after award of contract

• Draft working paper No. 3: Three months after award of contract

• Progress Reports: Required bi-weekly data collection and pre-test activities

• Draft working paper No. 4: Following completion of the survey

• Draft working paper No. 5: Following completion of Task 5

• Draft working paper No. 6: Following completion of Task 6

• Draft working paper No. 7: Following completion of Task 7

• Draft Final Report and Data Files: One month after completion of Task 7

4.0 FIRM 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 MTTA. 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 MTTA)

• Identify best qualified firm(s)

• Award contract

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

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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. MTTA does not guarantee that an interview will take place, thus reserving the right to select a firm based solely on the information provided in the proposals received in response to the RFP.

The MTTA 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.

4.1 EVALUATION CRITERIA

MTTA is following a “Best Value” approach to selecting a developer for this RFP. In doing so MTTA 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 MTTA choose to conduct interviews with short-listed firms:

1. Project Understanding and Approach: This criterion is a combination of the Proposer’s approach to the problem and the quality of the RFP submission and response. (20 points)

2. Technical Capabilities and Solution Functionality: This criterion refers to the Proposer’s technical capabilities, the proposed solution functionality, and the ability to best meet the performance specifications outlined in the RFP and Scope of Work. (20 points)

3. Quality, Experience of Proposed Key Project Personnel (20 points)

4. Vendor Past Project-Related Experience and Client References (20 points)

5. Price (20 points)

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5.0 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

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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?

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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.

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:

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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 MTTA 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 NOTARY

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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 ________________________________________________

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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 MTTA, and no such assignment or subcontract will be effective until approved in writing by MTTA.

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

2. ADVERTISING

Proposer agrees not to use the existence of this contract or the name of MTTA as a part of any commercial advertising without the prior written approval of MTTA’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. CLEAN WATER REQUIREMENTS

33 U.S.C. 1251

Clean Water

(1) The Contractor agrees to comply with all applicable standards, orders or regulations issued pursuant to the Federal Water Pollution Control Act, as amended, 33 U.S.C. 1251 et seq. The Contractor agrees to report each violation to the Purchaser and understands and agrees that the purchaser will, in turn, report each violation as required to assure notification to FTA and the appropriate EPA Regional Office.

(2) The Contractor also agrees to include these requirements in each subcontract exceeding $100,000 financed in whole or in part with Federal assistance provided by FTA.

3. 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:

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(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.

4. FEDERAL CHANGES

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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.

5. CLEAN AIR

42 U.S.C. 7401 et seq 40 CFR 15.61 49 CFR Part 18

Clean Air

(1) The Contractor agrees to comply with all applicable standards, orders or regulations issued pursuant to the Clean Air Act, as amended, 42 U.S.C. §§ 7401 et seq. The Contractor agrees to report each violation to the Purchaser and understands and agrees that the Purchaser will, in turn, report each violation as required to assure notification to FTA and the appropriate EPA Regional Office.

(2) The Contractor also agrees to include these requirements in each subcontract exceeding $100,000 financed in whole or in part with Federal assistance provided by FTA.

6. 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.

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(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.

7. 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

27 | P a g e the provisions.

8. 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

28 | P a g e 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.

9. 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 MTTA. If it is later determined that the bidder or proposer knowingly rendered an erroneous certification, in addition to remedies available to MTTA, 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.

10. CIVIL RIGHTS REQUIREMENTS

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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

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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.

11. BREACHES AND DISPUTE RESOLUTION

49 CFR Part 18 FTA Circular 4220.1F

Disputes - Disputes arising in the performance of this Contract which are not resolved by agreement of the parties shall be decided in writing by the MTTA Administrator of Grants and Procurement. This decision shall be final and conclusive unless within ten (10) days from the date of receipt of its copy, the Contractor mails or otherwise furnishes a written appeal to the Procurement Manager. In connection with any such appeal, the Contractor shall be afforded an opportunity to be heard and to offer evidence in support of its position.

The decision of the Grants and Procurement Manager shall be binding upon the Contractor and the Contractor shall abide be the decision.

Performance During Dispute - Unless otherwise directed by MTTA, Contractor shall continue performance under this Contract while matters in dispute are being resolved.

Claims for Damages - Should either party to the Contract suffer injury or damage to person or property because of any act or omission of the party or of any of his employees, 31 | P a g e agents or others for whose acts he is legally liable, a claim for damages therefor shall be made in writing to such other party within a reasonable time after the first observance of such injury of damage.

Remedies - Unless this contract provides otherwise, all claims, counterclaims, disputes and other matters in question between the MTTA and the Contractor arising out of or relating to this agreement or its breach will be decided by arbitration if the parties mutually agree, or in a court of competent jurisdiction within the State of Oklahoma.

Rights and Remedies - The duties and obligations imposed by the Contract Documents, and the rights and remedies available thereunder, shall be in addition to and not a limitation of any duties, obligations, rights and remedies otherwise imposed or available by law. No action or failure to act by the MTTA or Contractor shall constitute a waiver of any right or duty afforded any of them under the Contract, nor shall any such action or failure to act constitute an approval of or acquiescence in any breach thereunder, except as may be specifically agreed in writing.

12. 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 MTTA 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

32 | P a g e 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 MTTA. 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, MTTA shall hold an informal hearing, where the contractor and subcontractor, meet with representatives from MTTA. 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 MTTA. This clause applies to both DBE and non-DBE subcontracts.

e. The contractor must promptly notify MTTA, 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

MTTA.

13. INCORPORATION OF FEDERAL TRANSIT ADMINISTRATION (FTA) TERMS

Incorporation of…