SOL1638648.pdf

NORTH CENTRAL TEXAS COUNCIL OF GOVERNMENTS

METROPOLITAN PLANNING ORGANIZATION

REQUEST FOR PROPOSALS

Legacy ATS Feasibility and Conceptual Engineering Study

June 19, 2026

REQUEST FOR PROPOSALS

FOR Legacy ATS Feasibility and Conceptual Engineering Study

INTRODUCTION

The North Central Texas Council of Governments (NCTCOG) is requesting written proposals from qualified firms(s) to evaluate, analyze, and recommend technologies, alignments, stations, parking locations, and operating plans for an Automated Transportation System (ATS) or similar transit system as a mobility option in the Plano Legacy Area. Automated transportation technology can be implemented in different ways, such as traditional people mover systems or autonomous vehicles that operate along specific routes. NCTCOG is interested in analyzing options pertaining to Automated Transportation Systems in order to provide access to local land uses, improve mobility, serve local circulation needs within and between major developments, as well as serve as a collector distributor mechanism when connected to the regional rail system.

NORTH CENTRAL TEXAS COUNCIL OF GOVERNMENTS

The NCTCOG is a voluntary association of, by, and for local governments, and was established to assist local governments in planning for common needs, cooperating for mutual benefit, and coordinating for sound regional development. NCTCOG’s purpose is to strengthen both the individual and collective power of local governments and to help them recognize regional opportunities, eliminate unnecessary duplication, and make joint decisions.

Since 1974, NCTCOG has served as the Metropolitan Planning Organization (MPO) for transportation in the Dallas-Fort Worth (DFW) Metropolitan Area. NCTCOG’s Transportation

Department is responsible for regional transportation planning for all modes of transportation. The

Department provides technical support and staff assistance to the Regional Transportation

Council (RTC) and its technical committees, which compose the MPO policy-making structure. In addition, the Department provides technical assistance to the local transit providers of North

Central Texas in planning, programming, coordinating, and implementing transportation decisions.

PURPOSE AND NEED

NCTCOG is seeking an individual or firm to evaluate, analyze, and recommend technologies, alignments, stations, parking locations, and operating plans for an Automated Transportation

System or similar transit system as a mobility option in the Plano Legacy Area.

PROJECT SUPPORT

The project will be conducted under the guidance and supervision of a Project Review Committee.

The responsibilities of the Project Review Committee will be to serve as the principal technical review committee for this project. NCTCOG shall serve as project manager to implement a mutually agreed upon scope of work, monitor the progress of consultant activities; and serve as a liaison between the consultant and other partners. The selected consultant will enter into a contract with

NCTCOG for the agreed upon scope and budget. NCTCOG shall also serve as the contract manager and procurement administrator for the project.

SCOPE OF WORK

The scope of work is summarized by the tasks outlined below. Proposers are encouraged to exercise creativity in responding to the project needs. Modifications to the tasks and task sequencing which will improve the effectiveness of the project effort, while containing costs, are encouraged.

Project Goal: The Legacy Automated Transportation System Feasibility and Conceptual

Engineering Study is to evaluate, analyze, and recommend technologies, alignments, stations, parking locations, and operating plans for an Automated Transportation System or similar transit system as a mobility option in the Plano Legacy Area. Automated transportation technology can be implemented in different ways, such as traditional people mover systems or autonomous vehicles that operate along specific routes. NCTCOG is interested in analyzing options pertaining to Automated Transportation Systems in order to provide access to local land uses, improve mobility, serve local circulation needs within and between major developments, as well as serve as a collector distributor mechanism when connected to the regional rail system.

The Consultant will be required to perform the following tasks and produce the deliverables outlined.

Task 1: Project Management Consultant activities performed under this task include:

Selected consultant(s) to develop a Project Management Plan, provide a project management schedule, and provide project management.

1.1. Develop Project Management Plan that includes the following:

1.1.1 Description of project and key deliverables.

1.1.2 Description of project approach and reporting requirements.

1.1.3 Description of proposed project organization structure.

1.2. Conduct monthly progress meetings, develop meeting materials, and produce meeting minutes.

1.3. Coordination of and participation in internal peer reviews of products, including sessions with the city of Plano, DART, NCTCOG, and other stakeholders at milestone events.

1.4. Perform Quality Assurance, including auditing the project records to verify that Quality

Control is being performed as planned on the project calculations and designs

Task 1 Deliverables

1) Final Project Management Plan

2) Monthly Invoices and progress reports for the previous month.

3) Meeting agendas, review materials, and minutes for internal meetings.

4) Meeting materials intended for peer review groups along with peer review findings.

Task 2: Partner Agency, Public, and Local Government Coordination

2.1 Engage key stakeholders such as public officials; staff of transit providers, cities, and other municipal entities; and other community leaders.

2.1.1 For each meeting, the Consultant shall prepare status reports regarding study progress, as well as any documentation necessary to support the meeting agenda.

2.1.2 The Consultant will be responsible for coordinating other ad-hoc meetings with the city of Plano, DART, NCTCOG, and other stakeholders as necessary to obtain data and other relevant information necessary for the study tasks.

2.2 Engage the public with a minimum of two public meetings in which they will secure meeting venues, develop meeting notices, advertise, and facilitate community stakeholder groups.

2.2.1 Project scoping and preliminary analysis, and obtain public input

2.2.2 Presentation of alternatives, and obtain public input

2.2.3 Presentation of proposed ATS and implementation options, and obtain public input

Task 2 Deliverables

1) Documentation of meetings and stakeholder engagement held, including agendas, summary of meeting discussions, and resulting action items.

2) Materials provided for meetings, including presentations and maps.

Task 3: Data Collection

3.1 Collect data available from city staff, project partners, or other sources including, but not limited to:

o 2023 NCTCOG ATS Development Study o City of Plano Comprehensive Plan, including Land Use and Thoroughfare Plan

Maps o City of Plano Zoning and Recent Development Activity Map o Traffic, Bicycle, and Pedestrian Counts o Parking Demand Studies o Projected Traffic Volumes o Transit Ridership Forecasts o Forecasted Demographics o Bicycle and Pedestrian Facilities

3.2 conduct a preliminary environmental review to identify potential environmental concerns within the project limits or as identified by stakeholders.

Task 3 Deliverables

1) Technical memorandum, maps, and graphs summarizing the land use, demographics, and transportation connectivity for the study area.

2) Preliminary environmental review with potential environmental concerns

Task 4: Alternatives Development and Analysis

4.1 Develop alternatives and analyze using an appropriate performance-based evaluation methodology to determine the preferred ATS alternative for the Plano Legacy Area. In determining which alternatives are most appropriate for Plano Legacy Area, the Consultant will perform a preliminary ridership estimation based on the ATS Feasibility Analysis Tool.

This ATS feasibility tool can be used to provide initial insight into the feasibility of an ATS with a questionnaire format that seeks information on the general characteristics of the proposed development and surrounding region. The methodology will include input from the stakeholders. Alternatives should be developed and analyzed to address elements in the following categories:

4.1.1 Technology

Assess the technology used for each alternative. An automated vehicle technology capable of providing frequent service is desired. The vehicle size, capacity, and speed, as well as the number of vehicles to meet the estimated demand should be studied.

Additionally, the method of propulsion, need for grade separation, and any other key factors specific to each technology should be examined. These alternatives may range from systems requiring fixed guideways to flexible vehicular systems that utilize existing streets, roadways, and/or paved common areas.

4.1.2 Route Alignment

Analyze the need for and location of a fixed route for each alternative. Assess the comparative impact of the alternatives on other transportation services. This will include assessing the impact on traffic and vehicle trip reduction within the study area as well as connectivity and accessibility to existing and future transit services. Also assess the impact of the alternatives on economic development with respect to existing land uses, known or anticipated development plans, joint-development potential, and other locally significant factors.

4.1.3 Station Locations

Analyze the need for and quantity, spacing, and location of stations within the study area to foster the most efficient and effective transportation system. This should include evaluating the connectivity to community paths, bikeway networks, off-street shared-use paths, as well as connectivity and accessibility to existing and future transit services.

4.1.4 Parking Analysis

Analyze the applicability of integrating one or more shared-use parking facilities into the design of the ATS, potential locations, and the impact on ridership. This should include evaluating the connectivity to community paths, bikeway networks, off-street shared-use paths, as well as connectivity and accessibility to existing and future transit services.

4.1.5 Operating Plans

Establish operating plans which should consist of, but not be limited to, the hours of operation and frequency of service.

Task 4 Deliverables

1) Evaluation methodology report.

2) Evaluation summary tools (matrices and graphics) illustrating evaluation process results.

3) Technical memorandum summarizing the evaluation of alternatives including:

a. narrative and graphical description of alternatives

b. maps displaying the alignment alternatives

c. the recommended alternative, consisting of a chosen technology, route alignment, station locations, parking locations, and operating plan.

4) Additionally, the performance-based evaluation methodology will be provided to

NCTCOG for use in future projects.

Task 5: Final Report

5.1 Prepare a comprehensive report reflecting the findings and recommendations from the completion of Tasks 1 through 5 for review by NCTCOG.

5.2 The final report will include, but not be limited to:

5.2.1 an executive summary,

5.2.2 all appropriate sections and chapters documenting the results of Tasks 1 through

5,

5.2.3 Final recommendation for the preferred alternative and a recommended path forward for implementation

5.2.4 Appendix and glossary.

Task 5 Deliverables

1) Provide draft report of the alternatives analysis and financial plans to NCTCOG.

2) Provide 5 bound copies of the final report incorporating comments received from

NCTCOG.

3) Provide an electronic version of the draft and final reports as a Portable Document

Format (PDF) and in an editable format in Microsoft Word.

PROJECT SCHEDULE

Proposers shall develop a schedule of tasks with completion deadlines and methodologies for the project. NCTCOG will select all the identified tasks or a subset of the tasks to be completed.

NCTCOG and the selected firm will jointly determine a schedule for progress meetings in accordance with the final schedule for the scope of work. The timetable for completion of this project is eighteenOTHER from the date the consultant firm is authorized to proceed. NCTCOG anticipates the contract will begin in early October 2026.

A budget of approximately three hundred seventy thousand dollars is allocated to conduct this project.

CONSULTANT SELECTION CRITERIA

The Consultant Selection Committee (CSC) will review all proposals and select a consultant it considers qualified to undertake the project. The following criteria will be used to evaluate the proposals:

1. Project Understanding 30 percent

2. Scope of Services 25 percent

3. Project Manager/Staff Qualifications 20 percent

4. Knowledge of the Dallas/Fort Worth Area 10 percent

5. Firm Qualifications/Consultant References 10 percent

6. Project Schedule 5 percent

If the CSC determines that interviews will be required before a final decision can be made, the interviews will take place the week of August 3, 2026 . Proposers should be willing and able to attend these interviews in person or via web conference, if necessary. Consultants who are invited to an interview will be notified by the close of business on July 31, 2026 that an interview has been scheduled. Costs for developing the proposal and costs attributed to interviews (and subsequent negotiations) are at the proposer’s own expense and will not be reimbursed by

NCTCOG.

CONTRACT AWARD

Following final negotiations of the work plan and costs satisfactory to NCTCOG, the consultant will be asked to execute a firm fixed price, milestone-based contract with NCTCOG, subject to federal regulations. NCTCOG reserves the right to reject any and all proposals, to contract for any or all portions of the project with the selected consultant, or to hire multiple firms.

The successful responder(s) to this Request for Proposals is expected to provide qualified personnel to accomplish each portion of the work in this study. NCTCOG will maintain the right to request the removal of any personnel found, in its opinion, during the course of work on this project, to be unqualified to perform the work.

Proposers who have exceptions or modifications to the contract language should note those modification or exceptions in the proposal response rather than marking an exception in Bidnet.

QUESTIONS AND ANSWERS

All questions regarding the RFP shall be directed in writing via the Bidnet Direct by Sovra (“Bidnet

Direct”) Platform by the close of business on June 26, 2026 16:00:00. All questions and responses will be posted on Bidnet Direct at North Central Texas Council of Governments - Bid

Opportunities and RFPs | BidNet Direct by the close of business on July 1, 2026. NCTCOG reserves the right to respond to inquiries as it deems necessary.

OVERALL PROCUREMENT SCHEDULE

This RFP shall be used to accept, review, and score proposals based on the following schedule with the intent of awarding a Firm-Fixed Price, milestone-based contract, subject to federal regulations. The following represents the schedule of procurement activities leading to contract award:

Issue Request for Proposals June 19, 20262026-06-19

Last Day to Submit Questions June 26, 2026 16:00:00

NCTCOG Response to Q&A July 1, 2026

Proposals Due & Proposal Public Opening July 17, 2026 16:00:00

Consultant Selection Committee week of July 27, 2026

Interviews (if needed) week of August 3, 2026

NCTCOG Committee Approval September 24, 2026

Execute Contracts Early October 2026

NCTCOG reserves the right to make changes to the above-mentioned schedule. All such changes shall be made by an amendment to the RFP and shall be posted on Bidnet Direct. It is the responsibility of the consultant to frequently check Bidnet Direct for information concerning amendments to the RFP.

*Public opening of the proposals will be done via TEAMS on July 17, 2026. A link to the TEAMS meeting is below.

Microsoft Teams Meeting:

Join:https://teams.microsoft.com/meet/256907188283854?p=cyXVsDJnDQRl8BHOLy

Meeting ID: 256 907 188 283 854 https://www.bidnetdirect.com/texas/nctcog https://www.bidnetdirect.com/texas/nctcog https://teams.microsoft.com/meet/256907188283854?p=cyXVsDJnDQRl8BHOLy

Dial in by phone

+1 903-508-4574

Phone conference ID: 262 751 587# tel:+19035084574,,262751587

INSTRUCTIONS FOR PROPOSALS

ARCHITECTURAL/ENGINEERING SERVICES

The Sample Contract provided with this Request for Proposals contains federal requirements which must be included with Proposals. The appendices contain compliance requirements and certification forms which must accompany the Proposals. Failure to comply with the requirements may result in finding the proposal to be nonresponsive.

Additional information is provided below:

1. NCTCOG is requesting electronic submission of proposal documents to www.bidnetdirect.com/texas/nctcog. NCTCOG will be releasing this RFP on Friday, June 19, 2026 in the Bidnet Direct system and will accept electronic submissions through the Bidnet Direct system only. The Bidnet Direct submittal will count as the official submittal.

Proposals must be submitted in Bidnet Direct no later than 5:00 p.m., Central Time, on Friday, July 17, 2026. Proposals received after that time will not be accepted.

2. The proposal should address the criteria identified in the Request for Proposals that will be used for consultant selection. Proposals should include, at a minimum, the following information.

Proposal Formatting – Proposals should be printed double-sided and include a footer containing consultant firm name, page number, and total pages in the proposal. (e.g., Planning firm 1 of 20).

Cover Letter -- A brief summary of the key points of the proposal and approach to accomplishing the work. Name and address of the firm, as well as the contact person’s name, phone number, and email address should also be included.

Project Understanding - A general description of the approach to be used in accomplishing the work, including the project organization and management plan.

Senior personnel who will work on the project, including subcontractor personnel, should be identified by name and by role in the project; e.g., project manager, principal in charge, project advisor, etc. The project manager in particular must be specified and a clear indication given as to his/her involvement in the project. If more than one firm will be involved, the proposal should clearly delineate the work to be accomplished by each firm and how the work will be coordinated and managed. Any special requirements or coordination needs should be clearly identified.

Scope of Services and Schedule - This section should respond to the Request for Proposals task descriptions for the project by describing clearly in detail what and how work in each task will be accomplished, the technical methodology to be used, and the planned work flow and schedule. A description should be included concerning quality control and how this will be maintained and accomplished during the course of this project.

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Consultant Qualifications - This section should identify the background and experience of the consulting firm(s) and individuals in similar types of work and the results of that experience, along with up-to-date references (name, current affiliation, and phone number), should be included. Knowledge of the Dallas-Fort Worth area should be specifically indicated.

Compliance Requirements - This section should include signed attestations found under the notices section in Bidnet Direct. Failure to submit signed attestations may deem the proposal nonresponsive. The Sample Contract contains additional compliance requirements based on anticipated funding agency, which are included for the Proposers awareness.

3. The NCTCOG Executive Board encourages the use of local firms. However, all proposals, regardless of firm locale, will be evaluated using the consultant selection criteria contained in the Request for Proposals.

4. A consultant selection committee will review the proposals and select a firm it considers qualified to undertake the project. The selection of the proposal will be based on the technical proposal and/or interviews but will be subject to negotiation of conditions of cost satisfactory to NCTCOG. NCTCOG reserves the right to reject any or all proposals and to contract for any or all portions of the project with the selected consultant.

5. The Texas Legislature has adopted House Bill 1295. In short, the law states a governmental entity or state agency may not enter into certain contracts with a business entity unless the business entity submits a disclosure of interested parties (Form 1295) to our agency at the time of a signed contract. As part of contract development, the consultant will be asked to complete the disclosure of interested parties electronically and submit through the Texas Ethics Commission website. NCTCOG will provide a specific contract number associated with the award for inclusion in the submittal. Once submitted, the consultant will be requested to return an e-mail confirmation of submittal to NCTCOG.

For more information about the process, please visit the following website for a Frequently Asked Questions:

https://www.ethics.state.tx.us/resources/FAQs/FAQ_Form1295.php

6. Procurement information shall be a public record to the extent provided by the Texas Open Records Act and the Freedom of Information Act and shall be available to the public as provided therein. If a proposal contains information that the proposer considers proprietary and does not want disclosed to the public or used for any purpose other than the evaluation of the offer, all such information must be indicated with the following suggested language:

The information contained on pages _______shall not be duplicated or used in whole or in part, for any purpose other than to evaluate the proposal; provided that if a contract is awarded to this office as a result of or in connection with the submission of such information, NCTCOG has the right to duplicate, use or disclose this information to the extent provided in the contract.

7. Conflict of Interest Disclosure Requirement https://www.ethics.state.tx.us/resources/FAQs/FAQ_Form1295.php

Pursuant to Chapter 176 of the Local Government Code, any person or agent of a person who contracts or seeks to contract for the sale or purchase of property, goods, or services with a local governmental entity (i.e. NCTCOG) must disclose in Bidnet Direct the person’s affiliation or business relationship that might cause a conflict of interest with the local governmental entity. Included in the submittal documents is a statement to help entities identify any potential conflicts of interest that must be disclosed.

If you have any questions about compliance, please consult your own legal counsel.

Compliance is the individual responsibility of each person or agent of a person who is subject to the filing requirement. An offense under Chapter 176 is a Class C misdemeanor.

Agreement Number Legacy Automated Transportation System Feasibility and Conceptual Engineering Study Consultant Legal Name 1

CONTRACT

STATE OF TEXAS

COUNTY OF TARRANT

The NORTH CENTRAL TEXAS COUNCIL OF GOVERNMENTS, acting through Todd Little, its duly authorized Executive Director, the foregoing party being hereinafter referred to as NCTCOG, and <<insert legal name>> the latter party being referred to hereinafter as CONSULTANT, hereby make and enter the following Contract.

ARTICLE I

COVENANT

The CONSULTANT covenants and agrees to perform the technical and professional work for completion of the Legacy Automated Transportation System Feasibility and Conceptual

Engineering Study as a part of the Unified Planning Work Program for Regional Transportation

Planning in North Central Texas. The work to be performed under this Contract is described in detail in the Scope of Services in Appendix A of this Contract. Such work shall be performed in accordance with the terms of this Contract and for the consideration stated herein. The

CONSULTANT covenants and agrees to perform this work and assures that the work will be performed with the standard of care customary to the CONSULTANT’S profession and according to the schedule referenced in Article IV.

The CONSULTANT also agrees to submit the deliverables described in Appendix A. To conduct the work and prepare all of the various maps, reports, and data required as part of the work, the

CONSULTANT agrees to furnish and supervise such personnel as are required to accomplish the work set forth in Appendix A.

Consultant Legal Name 2

ARTICLE II

SCOPE OF SERVICES

Pursuant to the professional standard of care set forth under Article I, the CONSULTANT shall perform and carry out in a manner satisfactory to NCTCOG all services necessary to accomplish the work and provide the products described in the Scope of Services in Appendix A. The Scope of Services shall be performed by the CONSULTANT within the schedule defined by NCTCOG.

If applicable, the CONSULTANT shall utilize the specific subcontractors identified in Appendix B to perform the work for which each is listed unless the CONSULTANT obtains NCTCOG’S written prior approval. Unless the CONSULTANT has obtained NCTCOG’S prior written approval, the

CONSULTANT shall not be entitled to payment for work unless it is performed or supplied by the listed subcontractor. This requirement applies to instances that include, but are not limited to, when CONSULTANT seeks to perform work originally designated for a subcontractor identified in Appendix B with its own work force, or a reduction or underrun in work listed for a subcontractor not caused by a material change to the prime contract by NCTCOG. If the CONSULTANT needs to terminate a subcontractor, consistent with this section, the CONSULTANT shall send notice to the subcontractor, with a concurrent copy to NCTCOG at TransRFPs@nctcog.org, of its intent to request termination and the reason for the request. This notice shall give the subcontractor five

(5) days to respond, identifying any objections to the proposed termination and why NCTCOG should not approve the CONSULTANT’S request.

ARTICLE III

ADDITIONAL PROVISIONS

All maps, data, reports, research documentation, graphic presentation materials, etc., prepared by the CONSULTANT as part of the work under this Contract shall become the property of mailto:TransRFPs@nctcog.org

Consultant Legal Name 3

NCTCOG upon completion of this Contract or any phase thereof or, in the event of termination under Article X hereof, at the time of payment in accordance with Article X.

All reports published by the CONSULTANT shall contain a prominent credit reference and disclaimer:

“Prepared in cooperation with the Regional Transportation Council, NCTCOG, and the Texas Department of Transportation (TxDOT).”

“The contents of this report reflect the views of the authors who are responsible for the opinions, findings, and conclusions presented herein. The contents do not necessarily reflect the views or policies of the Regional Transportation Council, NCTCOG, and the Texas Department of Transportation (TxDOT).”

Upon completion or termination of this Contract, all deliverables prepared by the CONSULTANT shall be delivered to and become the property of NCTCOG. All such documents, photographs, calculations, programs, equipment, and other data prepared or used under this Contract shall be used by NCTCOG and NCTCOG’S funding partners without restriction or limitation of further use.

Any modification or use of such documents for any other purpose than for which they were created under this Contract shall be at NCTCOG’S sole risk and without liability to the

CONSULTANT.

The CONSULTANT shall not assign any interest in this Contract nor delegate the performance of any of its duties hereunder without the prior written consent of NCTCOG, and any attempted assignment or delegation without prior written consent of NCTCOG shall be void.

The CONSULTANT shall provide to NCTCOG a monthly invoice including a written progress report for the preceding calendar month’s work. Each Progress Report shall briefly describe the work accomplished, problems arising, proposed remedies for those problems, deliverables

Consultant Legal Name 4 completed, the status of the budget for each task, the percent of project completion for each task, and the status of the schedule for the project.

The parties hereto may, as necessary, change the scope of services, time of performance, CONSULTANT’S compensation, or any other provision of this Contract only by written amendment approved by NCTCOG and the CONSULTANT. The CONSULTANT shall notify

NCTCOG verbally and in writing immediately when the CONSULTANT anticipates that seventy-five (75%) percent of the funds provided for this Contract have been expended.

A regular employee of the CONSULTANT shall be assigned the responsibility for the performance of work under this Contract and designated as the CONSULTANT’S project manager.

CONSULTANT shall not change project managers or other key personnel without prior written consent of NCTCOG. Key personnel are to be defined solely within the discretion of NCTCOG.

ARTICLE IV

TIME OF PERFORMANCE

The CONSULTANT agrees to commence work on this project within fifteen (15) days of execution of the Contract. All work under the Contract shall be completed on or by <<insert date>>.

ARTICLE V

ALLOWABLE COST

The total cost to NCTCOG for performance of the work under this Contract shall not exceed

<<insert written amount ($amount)>> and the CONSULTANT agrees to perform the work specified in Appendix A and all other obligations under this Contract for no more than this cost.

NCTCOG shall not be obligated to pay the CONSULTANT any costs in excess of this amount

Consultant Legal Name 5 and the CONSULTANT shall not be obligated to perform any services specified in Appendix A in excess of this amount except as amended in accordance with Article III. Budgets between tasks and line items can be modified without an amendment to the Contract, so long as the modifications do not revise the total Contract amount stated herein. The expenses and rates in Appendix B may be amended from time to time if approved in advance in writing by NCTCOG. Any compensation due to the CONSULTANT for performance of this Contract must be approved in accordance with

Articles V and VI of this Contract. There shall be no obligation whatsoever to pay for performance of this Contract from the monies of NCTCOG, except funding specifically obligated for this

Contract.

The CONSULTANT shall be paid allowable costs as outlined in the Contract Cost Estimate included in Appendix B, for the performance of work under this Contract. Allowable costs are the type of charges that would be allowable under 2 Code of Federal Regulations (CFR) 200, “Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards.”

ARTICLE VI

PAYMENTS

For the performance of this Contract, NCTCOG shall pay the CONSULTANT the fee specified in

Appendix B. NCTCOG shall pay the CONSULTANT the amount of costs claimed and certified on each invoice, subject to approval of claimed costs by NCTCOG. Unless there is a bona fide dispute, payment shall be made within forty-five (45) days of receipt of a complete invoice provided all deliverables are received. CONSULTANT shall pay subcontractors the appropriate share of the payment no later than ten (10) days after receiving payment from NCTCOG. When the project has been completed to the satisfaction of NCTCOG, the CONSULTANT shall submit an invoice clearly labeled "Final Invoice".

Consultant Legal Name 6

ARTICLE VII

RECORDS

The CONSULTANT and its subcontractors shall maintain complete and accurate records of allowable costs incurred under this Contract and shall make such materials available at its office during the period covered and for seven (7) years from the date of final payment under the

Contract. Such materials shall be made available during the specified period for inspection by

NCTCOG, NCTCOG’S funding partners, and any of their authorized representatives for the purpose of making audits, examinations, excerpts, and transcriptions. All such records shall be maintained on a generally accepted accounting basis and shall be clearly identified and readily accessible. NCTCOG may request the CONSULTANT to maintain records for a period other than identified above.

ARTICLE VIII

FUNDING AGENCY REQUIREMENTS

A. Audit and Inspection of Records. The CONSULTANT shall permit the authorized representatives of NCTCOG, NCTCOG’S funding partners, and their designees to inspect and audit all data records of the CONSULTANT and its subcontractors relating to work performed under the Contract until the expiration of seven (7) years after final payment and resolution of audit under this Contract. The CONSULTANT shall transmit this data to

NCTCOG upon request. The CONSULTANT further agrees to include in all subcontracts hereunder a provision to the effect that the subcontractor agrees that NCTCOG, NCTCOG’S funding partners or any of their duly authorized representatives shall, until the expiration of seven (7) years after final payment and resolution of audit under the subcontract, have access to and the right to examine any directly pertinent books, documents, papers, and records of subcontractor, involving transactions related to the subcontractor. The subcontractor shall transmit all data records to NCTCOG upon request. The term

Consultant Legal Name 7

"subcontract" as used in this clause excludes (1) purchase orders not exceeding ten thousand dollars ($10,000) and (2) subcontracts or purchase orders for public utility services at rates established for uniform applicability to the general public.

B. Inspection of Work. NCTCOG, NCTCOG’S funding partners, and any authorized representative thereof, have the right at all reasonable times to inspect or otherwise evaluate the work performed or being performed hereunder and the premises in which it is being performed.

If any inspection or evaluation is made on the premises of the CONSULTANT or its subcontractor, the CONSULTANT shall provide and require its subcontractor to provide all reasonable facilities and assistance for the safety and convenience of the inspectors in the performance of their duties. All inspections and evaluations shall be performed in such a manner as will not unduly delay the work.

C. Interest of Members of Congress. No member of or delegate to the Congress of the United

States shall be admitted to any share or part of this Contract or to any benefit arising therefrom.

D. Interest of Public Officials. No member, officer, or employee of the public body or of a local public body during their tenure or for one year thereafter shall have any interest, direct or indirect, in this Contract or the proceeds thereof.

E. Noncollusion. The CONSULTANT warrants that it has not employed or retained any company or person, other than a bona fide employee working for it, to solicit or secure this

Contract, and that it has not paid or agreed to pay any company or person, other than a

Consultant Legal Name 8 bona fide employee, any fee, commission, percentage, brokerage fee, gift, or any other consideration contingent upon or resulting from the award or making of this Contract. If the

CONSULTANT breaches or violates this warranty, NCTCOG shall have the right to annul this Contract without liability or, in its discretion, to deduct from the Contract price or consideration, or otherwise recover the full amount of such fee, commission, brokerage fee, gift, or contingent fee.

F. Gratuities. Any person doing business with or who, reasonably speaking, may do business with NCTCOG under this Contract may not make any offer of benefits, gifts, or favors to employees of NCTCOG, NCTCOG’S funding partners or representatives of NCTCOG’S committees or Boards. Failure on the part of the CONSULTANT to adhere to this policy may result in termination of this Contract.

G. Nondiscrimination on the Basis of Disability. The CONSULTANT agrees that no otherwise qualified disabled person shall, solely by reason of their disability, be excluded from participation in, be denied the benefits of, or otherwise be subject to discrimination under the project. The CONSULTANT shall insure that all fixed facility construction or alteration and all new equipment included in the project comply with applicable regulations regarding

Nondiscrimination on the Basis of Disability in Programs and Activities Receiving or

Benefiting from Federal Financial Assistance, set forth in 49 CFR Part 27 and any amendments thereto.

H. Control of Drug Use. The CONSULTANT agrees to comply with the terms of the Federal

Transit Administration regulation, "Prevention of Alcohol Misuse and Prohibiting Drug Use in Transit Operations” set forth in 49 CFR Part 655. The CONSULTANT agrees to maintain a drug-free workplace and ensure all subcontractors comply with the terms set forth in the

Consultant Legal Name 9 previous regulation. At a minimum the drug-free workplace policy shall include notification of prohibited activities relating to drugs, notification of requirement to abide by policy as a condition of employment, and drug disclosure requirements.

I. Disadvantaged Business Enterprise. It is the policy of the U.S. Department of

Transportation (USDOT) that Disadvantaged Business Enterprises as defined in 49 CFR

Part 26 Subpart A, shall have the maximum opportunity to participate in the performance of

Contracts financed in whole or part with federal funds. Consequently, the Disadvantaged

Business Enterprises requirements of 49 CFR Part 26, exclusive of Subpart D, apply to this

Contract. Under this Contract, NCTCOG and its subcontractors agree to ensure that

Disadvantaged Business Enterprises as defined in 49 CFR Part 26 Subpart A, have the maximum opportunity to participate in the performance of Contracts and subcontracts financed in whole or in part with federal funds. In this regard, NCTCOG and its subcontractors shall take all necessary and reasonable steps in accordance with 49 CFR

Part 26, exclusive of Subpart D, to ensure that Disadvantaged Business Enterprises have the maximum opportunity to compete for and perform contracts. NCTCOG and its subcontractor(s) 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 U.S.DOT-assisted contracts. Failure by the CONSULTANT 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 the recipient deems appropriate, which may include but is not limited to withholding monthly progress

Consultant Legal Name 10 payments; assessing sanctions; liquidated damages; and/or disqualifying the contractor from future bidding as non-responsible.1

J. Compliance with Non-Discrimination Laws and Regulations. During the performance of this

Contract, the CONSULTANT, for itself, its assignees, and successors agrees to comply with all applicable laws and regulations relative to nondiscrimination in federally assisted programs of the U.S. Department of Transportation, including, but not limited to the following: Title VI of the Civil Rights Act of 1964; 23 USC 140; Rehabilitation Act of 1973 (29

USC 794); Age Discrimination Act of 1975 (42 USC 6102); Americans with Disabilities Act of 1990 (42 USC 12132); 41 CFR Part 60; 49 CFR Parts 21, 26, and 27; and 23 Parts 200, 230, and 633. Compliance with these laws and regulations shall be accomplished in the manner more particularly set out hereinafter in Appendix C. of this Contract.

K. Substitution of Subcontractors. NCTCOG must approve all substitutions of subcontracts.

Contractors added after the initial execution of this Contract shall be procured in a fair and competitive manner.

L. Disputes and Remedies. Should disputes arise concerning the Scope of Services or additional agreed upon work to be performed under this Contract, the CONSULTANT and

NCTCOG shall negotiate in good faith toward resolving such disputes. NCTCOG shall be responsible to its funding agencies for the settlement of all contractual and administrative issues arising out of procurement entered into in support of the Unified Planning Work

Program. Violation or breach of Contract terms by the CONSULTANT may be grounds for

1 Pursuant to the Interim Final Rule (IFR) published by USDOT on October 3, 2025, DBE goals are suspended pending Unified Certification Program reevaluation of DBEs under the individualized standard outlined in the IFR.

Consultant Legal Name 11 termination and should NCTCOG terminate the Contract due to a breach by the

CONSULTANT, any direct increased costs arising from the termination shall be paid by the

CONSULTANT.

M. Copyrights. Except as otherwise provided in the terms and conditions of the Contract, NCTCOG is free to copyright any books, publications, or other copyrightable materials developed in the course of or under a federal Agreement. Except as otherwise provided in the terms and conditions of the Contract, the funding agency shall reserve a royalty-free nonexclusive and irrevocable right to produce, publish, or otherwise use, and to authorize others to use, the work for government purposes.

N. Subcontracts. The CONSULTANT is required to perform all work except specialized services or other tasks specifically exempted in the Contract, except that governmental recipients of 23 U.S.C. 104(f) or 402 funds may subcontract as necessary to accomplish approved work program activities. All subcontracts exceeding ten thousand dollars

($10,000) in cost shall contain all required provisions of the prime Contract.

O. Federal, Funding Agency, and State Requirements. The CONSULTANT shall comply with provisions detailed in Appendix C, E, F, and G. Where applicable, the CONSULTANT shall incorporate required provisions in any subcontract entered into as part of this Contract.

P. Internal Compliance Program. NCTCOG has adopted an Internal Compliance Program to prevent waste, fraud, or abuse. Contractors, agents, and volunteers can report suspected waste, fraud, or abuse at: https://www.nctcog.org/agency-administration/compliance-portal.

Additional information regarding the Internal Compliance Program is available at the previous web address.

https://www.nctcog.org/agency-administration/compliance-portal

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Consultant Legal Name 13

ARTICLE IX

INDEMNIFICATION

The CONSULTANT covenants and agrees to indemnify and hold harmless and does hereby indemnify and hold harmless NCTCOG, its officers and employees, from and against suits or claims for damages or injuries, including death, to persons or property, to the extent caused by a negligent act or omission on the part of the CONSULTANT, its officers, agents, servants, employees, or subcontractors, and the CONSULTANT does hereby assume all liability for injuries, claims or suits for damages to persons or property, occurring during or arising out of the performance of this Contract to the extent caused by a negligent act or omission on the part of the CONSULTANT, its officers, agents, servants, employees, or subcontractors to the extent permitted by law.

ARTICLE X

TERMINATION OF CONTRACT

NCTCOG may terminate this Contract, or any portion of it, by serving at least a thirty-day (30) notice of termination on the CONSULTANT which shall be effective on the date of the receipt of the notice of termination. The notice shall state whether the termination is for convenience of

NCTCOG or for default of the CONSULTANT. If the termination is for default, the notice shall state the manner in which the CONSULTANT has failed to perform the requirements of the

Contract. The CONSULTANT shall account for and return to NCTCOG any property in its possession paid for from funds received from NCTCOG, or property supplied to the

CONSULTANT by NCTCOG. The CONSULTANT shall promptly submit its termination claim for reimbursement to NCTCOG, and the parties shall negotiate the termination settlement to be paid.

If the termination is for the convenience of NCTCOG, the CONSULTANT shall be paid its costs up to the time of notice to stop work, reasonable contract close-out costs, and a pro rata portion of the fee which reasonably reflects the quantity and quality of work performed up to the time of

Consultant Legal Name 14 termination. If, after serving a notice of termination for default, NCTCOG determines that the

CONSULTANT has an excusable reason for not performing, such as a strike, fire, flood, events which are not the fault of and are beyond the control of the CONSULTANT, NCTCOG, after setting up a new work schedule, may allow the CONSULTANT to work, or treat the termination as a termination for convenience.

ARTICLE XI

LEGAL CONSTRUCTION

In case any one or more of the provisions contained in this Contract shall for any reason held to be invalid, illegal or unenforceable in any respect, such invalidity, illegality, or unenforceability shall not affect any other provisions thereof, and this Contract shall be construed as if such invalid, illegal or unenforceable provision had never been contained herein.

ARTICLE XII

VENUE

Venue and jurisdiction of any suit, right, or cause of action arising under or in connection with this

Contract shall lie exclusively in Tarrant County, Texas.

APPENDICES

The following appendices are attached and made part of this Contract.

Appendix A: Scope of Services Appendix B: Budget Appendix C: Title VI Assurances Appendix D: Purposefully Excluded Appendix E: Required 2 CFR 200 Clauses Appendix F: Required State Clauses Certification Appendix G: Flowdown Provisions from the Texas Department of Transportation

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IN WITNESS WHEREOF, the parties hereto have executed this Contract. This Contract becomes effective on the day the last Party signs.

NORTH CENTRAL TEXAS COUNCIL OF GOVERNMENTS

Todd Little, Executive Director Date

<<insert consultant name>>

<<Signatory Authority, Title>> Date

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APPENDIX A

SCOPE OF SERVICES

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APPENDIX B

BUDGET

PURPOSEFULLY EXCLUDED

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APPENDIX C

TITLE VI ASSURANCES

During the performance of this Contract, the consultant, for itself, its assignees, and successors in interest (hereinafter referred to as the “Consultant”) agrees as follows:

1. Compliance with Regulations. The CONSULTANT shall comply with applicable laws and regulations relative to nondiscrimination in Federally-assisted programs of the Department of

Transportation, including, but not limited to Title VI of the Civil Rights Act of 1964; 23 USC 140;

Rehabilitation Act of 1973 (29 USC 794); Age Discrimination Act of 1975 (42 USC 6102);

Americans with Disabilities Act of 1990 (42 USC 12132); 41 CFR Part 60; 49 CFR Parts 21, 26, and 27; and 23 Parts 200, 230, and 633 as they may be amended from time to time.

2. Nondiscrimination. The CONSULTANT, with regard to the work performed by it during the

Contract, shall not discriminate on the grounds of race, color, national origin, sex, and religion, in the selection and retention of subcontractors, including procurements of materials and leases of equipment. The CONSULTANT shall not participate either directly or indirectly in the discrimination prohibited by 49 CFR Part 21 and Title VI of the Civil Rights Act of 1964, including employment practices when the Contract covers a program set forth in Appendix B of the

Regulations.

3. Solicitations for Subcontractors, Including Procurements of Materials and Equipment. In all solicitations either by competitive bidding or negotiation made by the CONSULTANT for work to be performed under a subcontract, including procurements of materials or leases of equipment, each potential subcontractor or supplier shall be notified by the CONSULTANT of the

CONSULTANT’S obligations under this Contract and the Regulations relative to nondiscrimination on the grounds of race, color, national origin, sex, and religion.

4. Information and Reports. The CONSULTANT shall provide all information and reports required by the Regulations or directives issued pursuant thereto, and shall permit access to its books, records, accounts, other sources of information, and its facilities as may be determined by

Consultant Legal Name 19

NCTCOG or NCTCOG’S funding partners to be pertinent to ascertain compliance with such

Regulations, orders, and instructions. Where any information required of the CONSULTANT is in the exclusive possession of another who fails or refuses to furnish this information, the

CONSUL…