Passenger Rail Study RFP

REQUEST FOR PROPOSALS

FOR

TRANSPORTATION PLANNING SERVICES

The Bismarck-Mandan Metropolitan Planning Organization (MPO) requests proposals from qualified consultants for the following project:

Passenger Rail Station Siting Study

Qualifications-based selection criteria will be used to analyze technical proposals and interviews from responding consultants. The MPO reserves the right to reject any or all proposals. This project has a not to exceed budget of $225,000.

Interested firms should contact Kimberly Riepl, Principal Transportation Planner, at the Bismarck-Mandan MPO, 221 N 5th Street P.O. Box 5503, Bismarck ND 58501. Contact can also be made via phone 701.355.1844 or by email: kriepl@bismarcknd.gov.

All proposals received by 4:00 PM (CST) on Friday, May 15, 2026, will be given consideration for an interview. The Bismarck-Mandan MPO reserves the right to limit the interviews to a maximum of five (5) firms whose proposals most clearly meet the RFP requirements. Firms will be notified in writing or by phone of shortlist results. Successful candidates will receive date, time, and location information for the interviews.

It is the responsibility of the consultant to ensure all required elements of the proposal are submitted. Proposals missing required elements will be rejected and consultants will be denied interviews.

Respondents must submit one (1) electronic copy of the proposal. The full length of the proposal shall be no more than eight (8) pages. Appendix material and the cover page and table of contents will not count toward the eight (8) page limit. Submittals must be received no later than 4:00 PM (CST), Friday, May 15, 2026, and may be emailed to:

Once submitted, the proposals become the property of the MPO. Proprietary information must be clearly noted in the proposal, or it will be subject to open records laws.

REQUEST FOR PROPOSAL

TO PERFORM PLANNING SERVICES FOR:

Passenger Rail Station Siting Study

BISMARCK-MANDAN METROPOLITAN PLANNING ORGANIZATION

Kimberly Riepl

Principal Transportation Planner

PROPOSALS MUST BE DELIVERED TO

BISMARCK-MANDAN MPO

BY 4:00 P.M. Central Standard Time, Friday, May 15, 2026

Contents

Appendix A: Proposed Sub-Consultant Request Form

Appendix B: Consultant Self Certification of Government-Wide Debarment and Suspension (Nonprocurement) Form

Appendix C: Certification and Restriction on Lobbying Form

Appendix D: Federal, State and Local Clauses

I. PURPOSE OF THE REQUEST

The purpose of this Request for Proposals (RFP) is to provide interested consulting firms with enough information about the professional services desired by the Bismarck-Mandan Metropolitan Planning Organization (MPO) for the following project:

Passenger Rail Station Siting Study

The MPO is requesting the services of a transportation engineering/planning firm to conduct a study to identify and evaluate station corridors and potential site locations for a new passenger rail service station(s) and platform(s) to serve the MPO area and surrounding region. The Study will be conducted in cooperation with the cities of Bismarck, Lincoln, and Mandan, along with Burleigh County and Morton County as well as the North Dakota Department of Transportation (NDDOT), the Federal Highway Administration (FHWA), and the Federal Transit Administration (FTA).

II. GENERAL INSTRUCTIONS

III. CONTENT OF PROPOSALS

Length of Proposals:

The main body of the proposal shall be no more than eight (8) pages and pages shall be numbered. The cover page, table of contents, and appendix will not count toward the proposal page limit of eight (8) pages.

Required Elements for Proposal:

The consultants are requested to be as brief and concise as possible. The main body of the proposal shall address the following major sections:

Description of firm

Organizational chart showing project team and general activities

Table of key individuals' time-available for project/study

Understanding of project and proposed work approach

Brief examples of past, pertinent work projects

Required Elements for the Appendix:

The consultant's appendix must include the following unless noted as 'optional'. The items included in the appendix will not count toward the eight (8) page limit and may take as many pages as needed.

Proposed Project Schedule: Proposed schedules may begin as early as July 1, 2026, and should detail all activities necessary to complete the study. Activities may include but are not limited to:

Contract Negotiations

Monthly updates (via Zoom or in person) to MPO TAC and Policy Board

Data Acquisition (provided, as available, by the MPO, NDDOT, and local jurisdictions)

Steering Committee Meetings/Activities

Documents/Tech Memos for Study Milestones

Stakeholder Interviews

Public Input Meetings

Public Outreach Activities (webpage, meetings, social media, news releases, etc.)

Draft Report Development

Draft Report Review by Steering Committee, MPO, NDDOT, FHWA, and/or FTA (required before presentation to all city and county commissions, city councils and MPO boards)

Final Presentations to the Bismarck City Commission, Mandan City Commission, Lincoln City Council, Burleigh County Commission, Morton County Commission, and the MPO TAC and Policy Board

Quality Control/Quality Assurance (QC/QA) program: Detail the program that will be used on the project. This (QC/QA) program must identify the team members, their responsibilities, and stages of development at which each is to be responsible.

Required Qualification Based Selection (QBS) Documents:

Signed Proposed Sub-Consultant Request Form, if applicable (Appendix A)

Signed Consultant Self Certification of Government-Wide Debarment and Suspension (Nonprocurement) Form (Appendix B)

Signed and Notarized Certification and Restriction on Lobbying Form (Appendix C)

Resumes or list of Personnel: Detail who will be assigned to work on the project (including titles, education, and/or work experience).

Optional: The Federal Standard Form 330, "Architect-Engineer Qualifications", is an NDDOT requirement, and proves the consultant is pre-qualified to provide architectural, engineering, and/or planning services. Consultants will not be penalized if the SF 330 is omitted in their proposal, but the MPO will verify a current version is on file with NDDOT after the consultant is selected for contract negotiations. Architect and Engineering firms must have an active SF 330 on file with NDDOT before the contract can be signed. See for a link to the SF 330. All SF 330 forms provided to the MPO will be kept on file by the MPO and forwarded to NDDOT.

Disclosure of Proposal Ownership:

At the conclusion of the selection process, the contents of all proposals will be subject to the City of Bismarck's Open Records policy in conjunction with North Dakota Century Code 44-04 requirements and may be open to inspection by interested parties. Any information included in the proposal that the proposing party believes to be a trade secret or proprietary information must be clearly identified in the proposal. Any identified information documented as such and protected by law may be exempt from disclosure.

IV. ADDITIONAL REQUIREMENTS AND MISCELLANEOUS INFORMATION

State, Federal and Local Contract Requirements:

The City of Bismarck as the MPO's Host Agency, the NDDOT, and FHWA require that specific clauses accompany federally funded projects executed by the MPO. Consultants should be prepared to abide by the necessary clauses which are included verbatim and unaltered in all potential MPO contracts. The clauses can be reviewed in Appendix D: State, Federal and Local Clauses.

Ownership of Work Product:

One additional clause not included in Appendix D but required due to the use of Federal Funds, is the "Ownership of Work Product" clause. Consultants and sub-consultants should be prepared to abide by the following:

Ownership of Work Product: All work products and copyrights of the contract, which result from the contract, are the exclusive property of Bismarck-Mandan Metropolitan Planning Organization (BMMPO) and North Dakota Department of Transportation (NDDOT), with an unlimited license for use by the federal government and its assignees without charge.

General Information:

Bismarck-Mandan MPO reserves the right to enter into a supplementary agreement to have the selected firm perform any additional work not currently assigned.

If the contract is terminated prior to completion of the final report, all work completed, which has been compensated for, shall become the property of the Bismarck-Mandan MPO and NDDOT, as per the 'Ownership of Work Product' Clause.

The final report will be submitted using the following formats and standards, if applicable:

MS Word/ MS Excel/MS PowerPoint

Adobe Acrobat (Standard or Compatible)

NDDOT Data Collection Codes and Procedures

NDDOT and/or City, as applicable, Drafting Standards

NDDOT Design Manual

ArcGIS Online

GIS Shapefiles

V. EVALUATION CRITERIA AND PROCESS

The selection process will be completed in accordance with Bismarck-Mandan MPO policies. Written proposals shall address the firm's ability to perform the necessary services in the allotted time with qualified personnel. Selection will be based on an array of measures chosen from the following criteria:

Recent, current, and projected workloads

Ability of professional personnel (staff experience and technical capabilities)

Related experience on similar projects

Location

Project understanding, issues and approach

Past Performance

Willingness to meet time and budget requirements

Recent and current work for the agency

Project schedule

The final selection will be based on written proposals along with interviews. All firms not selected will be notified in writing.

A final scope of work will be developed, and cost will be negotiated with the successful firm. An agreement will be executed with a single firm. If unable to arrive at a mutual agreement with the top ranked firm, the MPO retains the right to move on to negotiations with the second (then third, etc.) ranked firm. Approved sub-agreements for minor portions of the work will be permitted.

VI. REGIONAL CONTEXT AND EXISTING CONDITIONS

Bismarck-Mandan MPO Region:

The Bismarck-Mandan MPO consists of the cities of Mandan, Bismarck, and Lincoln, and the metropolitan portions of Burleigh and Morton counties. The MPO has a performance-based planning process that supports metropolitan community development and federal, state, and local transportation goals. These plans and programs are intended to lead to the development of an integrated, multi-modal metropolitan transportation system that facilitates the safe, efficient, and economic movement of people and goods.

The MPO planning area is roughly 394 square miles. It is bisected from north to south by the Missouri River and is generally comprised of rolling topography throughout. Within the MPO area, the city of Bismarck in Burleigh County has an approximate population of 75,500; the city of Mandan in Morton County approximately 24,522; and the city of Lincoln, also in Burleigh County, nearly 5,000. Burleigh County has seen an increase in its population to 103,107, making it the second most populous county in the state, while Morton County has likewise seen an increase over the 2020 US Census numbers and has approximately 34,000 residents. (Source: 2020-2024 5-year American Community Survey). One of the more noteworthy challenges facing the MPO planning area is the heightened level of growth experienced between 2011 and 2015, due largely to energy development in western North Dakota. The rapid growth rates during that time have now returned to more historic growth trends for the area which have traditionally hovered within a 1% to 1.5% annual rate of population growth. Currently, the adopted medium growth projection for the MPO area is a continuation of past trends, or a 1.1% annual growth rate for the period between 2025 and 2050.

While all growth within the region is generally perceived as positive, there are some concerns of particular interest, specifically: the residual impact of rapid growth on public service costs, the continued ability of the MPO region to grow in an efficient manner, and the ability to maintain the high quality of life enjoyed by residents of the communities. Heightened rates of growth strain many aspects of the region's transportation infrastructure. Topography, man-made barriers, and historical development patterns have contributed to challenges regarding roadway connectivity in some areas of the region, leading to limited transportation options in those areas.

The railroad played an important part in the history of the state of North Dakota and in the communities within the MPO region. By 1890 North Dakota had two transcontinental railroads running east and west through the state: the Northern Pacific Railroad serving the southern portion of the state and the Great Northern Railroad in the northern tier of the state. Both railroads were instrumental to the settlement and growth of communities in what was then referred to as Dakota Territory, prior to North Dakota gaining statehood in 1889. The railroad replaced the steamboat as primary shipment mode of goods and materials by 1893, when the Northern Pacific Railroad reached the Pacific Coast and when construction of the Northern Pacific Railroad Bridge, spanning the Missouri River between Bismarck on the east and Mandan on the west, was completed. The railroad also became a fundamental form of transportation for passengers, affording them access within and beyond state borders, all the way to both the East Coast and West Coast. This study will be concerned with the east-west passenger rail service and track used to previously provide service to the southern tier of North Dakota.

Due to the establishment of commercial passenger air travel post-World War II and even more, the improvements to travel by car introduced by the interstate highway system in the 1950's, passenger rail ridership declined significantly throughout the 1960's, which prompted US Congress to pass the Rail Passenger Service Act of 1970. The act established the National Railroad Passenger Corporation, known as Amtrak. Amtrak maintained passenger rail service to the southern tier of North Dakota through the North Coast Hiawatha passenger rail route, a part of the 2,300-mile long-distance service route (routes over 750 miles) from Chicago, Illinois, to Seattle, Washington. The route entered North Dakota at the eastern border, with train depots at Fargo, Valley City, Jamestown, Bismarck, Mandan, and Dickinson before entering Montana. This route was discontinued by Amtrak in 1979.

Local Existing Conditions:

The largest urban community in the MPO area is the city of Bismarck. Located on the east side of the Missouri River, it serves as the center for government services, as the capital city of North Dakota, and as the Burleigh County seat. It serves as the highest concentration of employment in the metropolitan area and is a regional health care, educational, and retail center. The downtown core is home to the historic Northern Pacific train depot, located on the north side of the tracks and now under private ownership, which has been rehabilitated to support a restaurant and special events. The Burlington Northern Santa Fe (BNSF) rail line that runs through Bismarck between Main Avenue and Front Avenue is a single track and transects the downtown north and south. There are several at grade railroad crossings, several of which are designated quiet zone crossings.

The city of Lincoln is a growing suburban community located southeast of Bismarck. While primarily residential, it has an expanding mix of retail, financial, and service businesses and an elementary school constructed in 2014 in response to the unprecedented growth the community was experiencing. The BNSF rail line, a single mainline track, runs north of Lincoln, on the south side of and roughly parallel to Apple Creek Road.

The city of Mandan is located on the west side of the Missouri River in Morton County. The second largest urban community in the MPO area, Mandan has a good mix of residential, retail, commercial and satellite health care facilities; however, residents still must seek many significant health care services at the major health care centers in Bismarck. Mandan serves as the county seat for Morton County and is the largest community along the I-94 corridor west of the Missouri River and east of Dickinson. The BNSF mainline runs on the south side of and roughly parallel to Main Street in Mandan, with a rail yard situated in the western third of the city. Abutting the railyard's north side is the historic Northern Pacific train depot. The City of Mandan purchased this depot and is currently leasing it to private entities. The city hosts many community events in the Dykshoorn Park situated between the historic depot, the railyard, and the local library.

The BNSF Railroad Bridge connects communities on either side of the Missouri River by rail. The former bridge is being replaced, and the new bridge is designed to accommodate a double track. There is currently a single track mainline leading westward from the Bridge into Mandan and a single track mainline running east from the bridge into Bismarck.

Morton County, while having a population of slightly more than 34,000 residents in an area of 1,926 square miles, has one of the greatest distances from its east to west boundaries of North Dakota state counties. Along with Interstate 94 transecting the northern portion of Morton County, is the BNSF railroad, with a single track mainline. Founded during the height of railroad expansion in the state, Morton County communities sprang up or expanded. Often, the presence of the railroad accelerated population growth, especially with the establishment of branch lines to transport grain and livestock to markets. Aside from Mandan, most Morton County communities maintain a distinctly rural character with lower populations and many of the residents residing on farms and ranches in rural and surrounding areas. Many of these residents find themselves having to travel for healthcare appointments and medical treatments, as well as to shop for items not available in their smaller communities. The national trend to age in place applies equally to residents in small towns along and off the I-94 corridor as well as in the more remote rural locations.

Burleigh County, on the eastern banks of the Missouri River, has seen significant growth in its population not only due to growth occurring in Bismarck and Lincoln, but also to outlying areas of these communities. Rural subdivisions are popular housing choices for residents wanting to remain outside urban limits but retain the amenities they have to offer. Burleigh County also owes much of its historical growth to the railroad; for instance, even during the depression, Burleigh County continued to increase in population, which has been credited to the presence of the railroad. Towns along the North Pacific line to the east of Bismarck were Menoken, and further east, McKenzie, Sterling and Driscoll, which all exist today. East from the Lincoln area, BNSF maintains a single track mainline until reaching Menoken, a small rural community which is located 2 miles east of the MPO planning area boundary and has direct access to Interstate 94 to the north.

Passenger Rail Service is not new to the Bismarck-Mandan MPO region, although it does not exist here presently. The restoration of passenger rail service along the former North Coast Hiawatha line was identified by the Federal Railroad Administration (FRA) in its Long Distance Service Study completed in 2024, as a "selected preferred route option for service restoration, enhancement, or expansion." FRA received comments from people across the country who would use these route options to visit family, connect to higher education and job opportunities, get medical treatment, see national parks, and travel to and from military bases and installations. Travelers with disabilities, travelers who are unable to drive, and travelers who are concerned about affordability also submitted comments supporting the network of selected preferred route options. These comments accurately summarize transportation needs of residents and visitors within the MPO region.

The Big Sky Passenger Rail Authority of Montana is sponsoring a project named Big Sky North Coast Corridor to advance the restoration of passenger rail service through the FRA Corridor Identification Program. The project, which would see the restoration of passenger rail service through the southern tier of North Dakota, likely using existing BNSF rail, has been awarded funding for three phases leading to completion/implementation. BSPRA has successfully completed Phase 1 and is beginning Phase 2 which includes creating the service development plan. As part of this phase, BSPRA will examine frequency and timing, including things such as timetable/schedule and turnaround time. BSPRA anticipates the return of passenger rail service to the region as soon as early- to mid-2030's. The Bismarck-Mandan MPO and its partners are members in the BSPRA Government Partner Program to restore passenger rail as a transportation option to the residents and visitors of the MPO region.

VII. OBJECTIVE

The objective of this project is to identify and evaluate station corridors and potential site locations for a new passenger rail service station(s) and platform(s) to serve the MPO area and surrounding region. Alternatives provided through this study should answer the following questions:

1.) Is the ideal solution to have a single station to serve all passengers in the MPO planning area and surrounding region or multiple stations within the MPO planning area?

2.) Using a matrix developed based on the evaluative criteria established through this study, how do the preferred passenger rail station/platform location(s) rank?

The consultant will identify station corridors along the BNSF rail line, the proposed passenger rail service line, from the western bounds of the Bismarck-Mandan MPO planning area in Morton County to the easternmost MPO boundary in Burleigh County. Within these station corridors, potential station sites will be identified and further evaluated to determine feasible station siting locations based on criteria developed through this study. A set of metrics will be established to assist in weighing location options and to use in ultimately determining station siting preferences for the MPO region.

Results from this study will prepare the MPO and its partners, as members in the BSPRA Government Partners Program, with alternatives to provide as recommendations for appropriate placement of passenger rail depot(s) or train station(s) within the MPO region.

VIII. STUDY AREA

The study area includes the cities of Bismarck, Lincoln and Mandan, and those portions of Burleigh County and Morton County, North Dakota, included in the Bismarck-Mandan MPO planning area, with a focus along the Burlington Northern Santa Fe (BNSF) rail line. This rail line runs laterally east and west, south of and approximately parallel to Interstate 94, as illustrated on the Study Area Map below.

IX. SCOPE OF WORK

The selected consultant will identify the existing BNSF mainline railroad track system including yards, wye, rip track, and sidings, and spur lines, along with projected need required to accommodate passenger rail service in the MPO region using the same BNSF rail line. The consultant will identify station corridors along the BNSF rail line from the western bounds of the Bismarck-Mandan MPO planning area in Morton County to the easternmost MPO boundary in Burleigh County. Within these station corridors, potential station sites will be identified and further evaluated to determine a final list of feasible station site locations based on evaluative criteria consisting of both technical and planning principles. A set of metrics will be established to assist in weighing location options and to ultimately use in determining station siting preferences for the MPO region.

Evaluation Criteria may include but not be limited to the following Technical Principles:

Train access and operation (including freight impacts)

Track availability

Track ownership/ROW

Rail curvature or tangent track

Wye, sidings, rip track, yards

Site size and configuration - minimum geometric requirements

Station area

Access

Parking

Amenities (i.e. restrooms, ticket kiosks, customer service/support stations, etc.)

Platform requirements, dimensions, and clearances

Track dimensions/spacing

Site size and configuration - rail amenity space

Multiple platforms or platform faces

Multiple station tracks

Level boarding

Site ownership and control

Agreements

Additional space/acreage for compatible facilities/uses beyond those required by Amtrak/RR operations

Safety and security

Operations

Site

Evaluation Criteria may also include, but not be limited to, the following Planning Principles:

Community focus - connections and proximity

People

Employment centers/jobs

Destinations

Community focus - corroboration

Compatibility with existing/future zoning

Compatibility with local plans

Community and stakeholder support

Equitable access and multimodal connectivity - existing and future

Bicycle & pedestrian infrastructure

Transit proximity

Connectivity to destinations

Safety opportunities

Environmental resources

Cultural

Historic

Natural

Land use and development

Amenities and facilities beyond the minimum requirements of Amtrak/FRA (mobility hub, etc.)

Transit Oriented Development

Visitor Destinations

Implementable Solutions

Time

Cost

Low-mitigation impacts

Acquisition complexity

Funding sources

Existing conditions, future forecasting, and public involvement will be utilized to identify and then evaluate station corridors and potential site locations for a new passenger rail service station(s) and platform(s) to serve the MPO area and surrounding region. The consultant will produce a range of alternatives with appropriate prioritization based on analysis and evaluation of data and public input, along with Steering Committee, Stakeholder, and MPO feedback. Alternatives should be organized into short, medium, and long-term actions, with benefits, feasibility, estimated costs, funding sources, and trade-offs provided.

Project Management

This task involves activities required to manage the project including staff, equipment, and documentation. It also includes the preparation of progress reports, documenting travel and expense receipts, and preparing and submitting invoices in a timely manner (monthly). This task includes monthly progress reports to the MPO, TAC, and Policy Board.

Monthly TAC and Policy Board Meetings:

The consultant will provide monthly updates to the MPO TAC and Policy Board. Updates will be provided through written progress reports along with verbal updates at each meeting if warranted (as determined by the MPO project manager) and with written memorandums as applicable, to briefly apprise board members on the status of the project.

Steering Committee:

The MPO project manager will assist the consultant in developing a Steering Committee for the study. The Committee may include but are not limited to the following agency and/or organizational representatives:

City and County Planners

City and County Engineers

City and/or County Elected Officials

Bis-Man Transit

Bismarck-Mandan Chamber EDC

BMMPO Staff

Amtrak Government Affairs Representative or similar

BNSF Public Affairs Officer or similar

NDDOT - Local Government Division and/or Planning & Asset Management Rail Division

NDDOT Bismarck District

FHWA

FRA

FTA

The consultant shall meet with the Steering Committee periodically and as necessary during the study process to review data and recommendations. The consultant shall provide progress/technical memorandums at key points throughout the study process. Enough copies shall be provided for distribution to the Steering Committee.

Data Collection:

The consultant shall identify the data collection needed to support the Scope of Work. The consultant shall also identify times and methods in which the data will be collected. The MPO and its jurisdictions will provide datasets as available. The MPO may have the ability to obtain limited travel demand model runs for specific scenarios identified by the consultant within the scope of this study; however, it should be generally understood that any additional data collection needed to complete technical analysis will be the responsibility of the consultant.

Draft and Final Report

The consultant is responsible for providing the draft report and appendices in electronic format for review. The consultant should be prepared to provide up to six (6) paper copies of the final report as well as an electronic format. All graphics of preliminary and final alternatives within the report shall be easy to read and easy to reproduce. Summaries and technical analysis of important meetings shall be included in the appendix of the report. Comments received from public meetings and public comment opportunities shall be addressed and included in summarized form within the appendix of the final report. All deliverables, including PDFs, web pages, interactive features, and multimedia content, shall conform to WCAG 2.1 Level AA success criteria, available here: . Documents will require an accessibility check report from a tool such as , Adobe Acrobat's built-in checker, or similar.

X. REVIEW AND COMPLETION PROCESS

Draft Development and Review:

A draft report shall be produced after all recommendations have been developed and approved by the Steering Committee. Electronic copies of the draft report shall be provided for the Steering Committee, the MPO project manager, NDDOT, FHWA and FTA for their review and comment. All comments from the MPO, NDDOT, FHWA, and FTA shall be addressed to the respective entity's satisfaction prior to development of the final draft report and final presentations.

Final Presentations/ Completion:

The draft report shall be advertised and made available to the public for a minimum of fifteen (15) days before the final presentations. All comments received from public meetings and public comment opportunities shall be addressed, summarized, and included in the appendix of the draft final report.

The consultant will be requested to make a presentation to the Bismarck City Commission, the Mandan City Commission, the Lincoln City Council, the Burleigh County Commission, the Morton County Commission, and the MPO Technical Advisory Committee and MPO Policy Board for review and acceptance/approval of the draft final report. Approval of the draft final report by the MPO Policy Board, and subsequent distribution of study deliverables, will mark the completion of the study.

Deliverables:

The final report shall be produced after all comments on the draft report are addressed, final presentations are complete, and the report has been approved by the MPO TAC and Policy Board and shall be delivered as one (1) electronic version. All final products are to be delivered to the MPO project manager for dissemination to the appropriate City, County and MPO staff, TAC and Policy Board Members, and oversight entities.

Schedule for Contract Development and Final Project Deadline:

RFP Release/Posting April 24, 2026

Proposal Submittal Deadline May 15, 2026

Notification for Interviews May 27, 2026

Interviews June 8-11, 2026

Consultant Approval(s) June 15-16, 2026

Formal Notification of Firms June 17 18, 2026

Negotiation of Work Fee and Scope of Work June 17-24, 2026

Notice to Proceed June 30, 2026 (Approx.)

Draft Report Public Comment/Review Period March-April 2027

Presentation to NDDOT (if requested) May 2027

Final Project Report & Presentations June-July 2027

Project Completion July 31, 2027

XI. PUBLIC INVOLVEMENT PLAN

It is imperative that residents, businesses, and stakeholders be involved in the development of the study. Direct effort shall be made to obtain meaningful input and broad-based support from disadvantaged or underserved populations and from the community at large. Consultants shall prepare a Public Involvement Plan that is consistent with the MPO Public Participation Plan and complies with Title VI of the Civil Rights Act of 1964. The following are the minimum public involvement activities the consultant should include:

The study will have two (2) public involvement opportunities for the general public, including residents, businesses, and stakeholders, at strategic times during the study. Each public involvement opportunity will consist of one (1) meeting in Burleigh County and one (1) meeting in Morton County. Public involvement opportunities may be in-person, online, or hybrid. Meetings should inform the community of the study's purpose, extents, and progress; present existing conditions and alternatives; and engage the public to provide input. All input and attendance from the public meetings shall be recorded and addressed in the final document.

Consultants should also reach out to the community at large, as well as to interested or affected community members using novel and effective means to inform the public and gather their opinions. Suggested ideas could include, but are not limited to, flyers; paper, telephone, or electronic surveys; pop-up booths or other presence at appropriate community events; updates in City bulletins; radio or television PSAs; coordination with local public or commercial media outlets; or presentation to advocacy/community/business groups.

A website for the project that will be interesting, provide up-to-date information, and be ADA compliant and easy to use by the public. The consultant is encouraged to include recorded versions of public presentations and a map-based interface (interactive map) to provide additional opportunity for public comments.

The MPO requests that a member of the consultant team develops graphics for social media and other online engagement formats to enhance the public involvement process and encourage the public's participation. These graphics and engagement tools, once designed, are to be shared with the MPO for dissemination to appropriate parties for posting.

Seven (7) final presentation meetings, with potential for each to be a public hearing. One meeting with each entity below. Final Presentations may be given in-person or remotely.

Bismarck City Commission

Lincoln City Council

Mandan City Commission

Burleigh County Commission

Morton County Commission

MPO Technical Advisory Committee

MPO Policy Board

Other Engagement Notes:

Public meetings and final presentations will be advertised in the local newspaper(s). Consultants are responsible for preparing newspaper advertisements for public meetings and final presentations. The MPO reviews the ads, provides necessary modifications to language and formatting, and coordinates printing with the local newspaper(s). BMMPO is responsible for the cost of the print newspaper advertisements.

XII. INFORMATION AVAILABLE TO THE CONSULTANT

The following resources/data/information are available for the study from the Bismarck-Mandan MPO and its partners:

(The Fringe Area Roads Master Plan and the Transit Development Plan are currently being updated)

Available for Download:

(Provided through NDDOT)

Appendix A

PROPOSED SUB-CONSULTANT REQUEST

North Dakota Department of Transportation, Environmental and Transportation Services

SFN 60232 (09-2012)

Sub-Consultant firms that have been contacted and agree to be listed on a Prime Consultants Project Proposal for work with NDDOT must submit original form and one copy to be attached to the Prime Consultants Proposal. This form is used for informational purposes only.

Type of Work to be Subcontracted

The undersigned declares that all statements listed above are true.

Appendix B

GOVERNMENT-WIDE DEBARMENT AND SUSPENSION (NONPROCUREMENT)

Instructions for Certification: By signing and submitting this bid or proposal, the prospective lower tier participant is providing the signed certification set out below.

It will comply and facilitate compliance with U.S. DOT regulations, "Nonprocurement Suspension and Debarment," 2 CFR part 1200, which adopts and supplements the U.S. Office of Management and Budget (U.S. OMB) "Guidelines to Agencies on Governmentwide Debarment and Suspension (Nonprocurement)," 2 CFR part 180,

To the best of its knowledge and belief, that its Principals and Subrecipients at the first tier:

Are eligible to participate in covered transactions of any Federal department or agency and are not presently:

Debarred

Suspended

Proposed for debarment

Declared ineligible

Voluntarily excluded

Disqualified

Its management has not within a three-year period preceding its latest application or proposal been convicted of or had a civil judgment rendered against any of them for:

Commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (Federal, State, or local) transaction, or contract under a public transaction,

Violation of any Federal or State antitrust statute, or

Proposed for debarment commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making any false statement, or receiving stolen property

It is not presently indicted for, or otherwise criminally or civilly charged by a governmental entity (Federal, State, or local) with commission of any of the offenses listed in the preceding subsection 2.b of this Certification,

It has not had one or more public transactions (Federal, State, or local) terminated for cause or default within a three-year period preceding this Certification,

If, at a later time, it receives any information that contradicts the statements of subsections 2.a - 2.d above, it will promptly provide that information to FTA,

It will treat each lower tier contract or lower tier subcontract under its Project as a covered lower tier contract for purposes of 2 CFR part 1200 and 2 CFR part 180 if it:

Equals or exceeds $25,000,

Is for audit services, or

Requires the consent of a Federal official, and

It will require that each covered lower tier contractor and subcontractor:

Comply and facilitate compliance with the Federal requirements of 2 CFR parts 180 and 1200, and

Assure that each lower tier participant in its Project is not presently declared by any Federal department or agency to be:

Debarred from participation in its federally funded Project,

Suspended from participation in its federally funded Project,

Proposed for debarment from participation in its federally funded Project,

Declared ineligible to participate in its federally funded Project,

Voluntarily excluded from participation in its federally funded Project, or

Disqualified from participation in its federally funded Project, and

It will provide a written explanation as indicated on a page attached in FTA's TrAMS-Web or the Signature Page if it or any of its principals, including any of its first tier Subrecipients or its Third Party Participants at a lower tier, is unable to certify compliance with the preceding statements in this Certification Group.

Certification

Contractor

Signature of Authorized Official

Name and Title of Contractor's Authorized Official

Appendix C

Federal Certifications

CERTIFICATION AND RESTRICTIONS ON LOBBYING

I, , hereby certify (Name and title of official) On behalf of that: (Name of Bidder/Company Name)

No federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, and officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any federal contract, the making of any federal grant, the making of any federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any federal contract, grant, loan, or cooperative agreement.

If any funds other than federal appropriated funds have been paid or will be paid to any person influencing or attempting to influence an officer or employee of any agency, a Member of Congress, and officer or employee of Congress, or an employee of a Member of Congress in connection with the federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form - LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions.

The undersigned shall require that the language of this certification be included in the award documents for all sub-awards at all tiers (including sub-contracts, sub-grants and contracts under grants, loans, and cooperative agreements) and that all sub-recipients shall certify and disclose accordingly.

This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by 31 U.S.C. $ 1352 (as amended by the Lobbying Disclosure Act of 1995). Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than

$100,000 for each such failure.

The undersigned certifies or affirms the truthfulness and accuracy of the contents of the statements submitted on or with this certification and understands that the provisions of 31 U.S.C. Section 3801, et seq., are applicable thereto.

Name of Bidder/Company Name Type or print name

Signature of Authorized representative Date Signature of notary and SEAL

Appendix D

State, Federal and Local Clauses

State Clauses

During the performance of this contract, the Contractor, for itself, its assignees, and successors in interest (hereinafter referred to as the Contractor) agrees as follows:

Compliance with Regulations: The Contractor (hereinafter includes consultants) will comply with the Acts and the Regulations relative to Non-discrimination in Federally-assisted programs of the U.S. Department of Transportation, the Federal Highway Administration, as they may be amended from time to time, which are herein incorporated by reference and made a part of this contract.

Non-discrimination: The Contractor, with regard to the work performed by it during the contract, will not discriminate on the grounds of race, color, or national origin in the selection and retention of subcontractors, including procurements of materials and leases of equipment. The Contractor will not participate directly or indirectly in the discrimination prohibited by the Acts and the Regulations, including employment practices when the contract covers any activity, project, or program set forth in Appendix B of 49 CFR Part 21.

Solicitations for Subcontracts, Including Procurements of Materials and Equipment: In all solicitations, either by competitive bidding, or negotiation made by the Contractor for work to be performed under a subcontract, including procurements of materials, or leases of equipment, each potential subcontractor or supplier will be notified by the Contractor of the Contractor's obligations under this contract and the Acts and the Regulations relative to Non-discrimination on the grounds of race, color, or national origin.

Information and Reports: The Contractor will provide all information and reports required by the Acts, the Regulations, and directives issued pursuant thereto and will permit access to its books, records, accounts, other sources of information, and its facilities as may be determined by the Recipient or the Federal Highway Administration to be pertinent to ascertain compliance with such Acts, Regulations, and instructions. Where any information required of a Contractor is in the exclusive possession of another who fails or refuses to furnish the information, the Contractor will so certify to the Recipient or the Federal Highway Administration as appropriate, and will set forth what efforts it has made to obtain the information.

Sanctions for Noncompliance: In the event of a contractor's noncompliance with the Nondiscrimination provisions of this contract, the Recipient will impose such contract sanctions as it or the Federal Highway Administration may determine to be appropriate, including, but not limited to:

withholding payments to the Contractor under the contract until the Contractor complies; and/or

cancelling, terminating, or suspending a contract, in whole or in part.

Incorporation of Provisions: The Contractor will include the provisions of paragraphs one through six in every subcontract, including procurements of materials and leases of equipment, unless exempt by the Acts, the Regulations and directives issued pursuant thereto. The Contractor will take action with respect to any subcontract or procurement as the Recipient or the Federal Highway Administration may direct as a means of enforcing such provisions including sanctions for noncompliance. Provided, that if the Contractor becomes involved in, or is threatened with litigation by a subcontractor, or supplier because of such direction, the Contractor may request the Recipient to enter into any litigation to protect the interests of the Recipient. In addition, the Contractor may request the United States to enter into the litigation to protect the interests of the United States.

14 CLA 1029 (Div. 38)

During the performance of this contract, the contractor, for itself, its assignees, and successors in interest (hereinafter referred to as the Contractor) agrees to comply with the following non-discrimination statutes and authorities; including but not limited to:

Pertinent Non-Discrimination Authorities:

Title VI of the Civil Rights Act of 1964 (42 U.S.C. 2000d et seq., 78 stat. 252), (prohibits discrimination on the basis of race, color, national origin); and 49 CFR Part 21.

The Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, (42 U.S.C. 4601), (prohibits unfair treatment of persons displaced or whose property has been acquired because of Federal or Federal-aid programs and projects);

Federal-Aid Highway Act of 1973, (23 U.S.C. 324 et seq.), (prohibits discrimination on the basis of sex);

Section 504 of the Rehabilitation Act of 1973, (29 U.S.C. 794 et seq.), as amended, (prohibits discrimination on the basis of disability); and 49 CFR Part 27;

The Age Discrimination Act of 1975, as amended, (42 U.S.C. 6101 et seq.), (prohibits discrimination on the basis of age);

Airport and Airway Improvement Act of 1982, (49 USC 471, Section 47123), as amended, (prohibits discrimination based on race, creed, color, national origin, or sex);

The Civil Rights Restoration Act of 1987, (PL 100-209), (Broadened the scope, coverage and applicability of Title VI of the Civil Rights Act of 1964, The Age Discrimination Act of 1975 and Section 504 of the Rehabilitation Act of 1973, by expanding the definition of the terms "programs or activities" to include all of the programs or activities of the Federal-aid recipients, sub-recipients and contractors, whether such programs or activities are Federally funded or not);

Titles II and III of the Americans with Disabilities Act, which prohibit discrimination on the basis of disability in the operation of public entities, public and private transportation systems, places of public accommodation, and certain testing entities (42 U.S.C. 12131-12189) as implemented by Department of Transportation regulations at 49 C.F.R. parts 37 and 38;

The Federal Aviation Administration's Non-discrimination statute (49 U.S.C. 47123) (prohibits discrimination on the basis of race, color, national origin, and sex);

Executive Order 12898, Federal Actions to Address Environmental Justice in Minority Populations and Low-Income Populations, which ensures nondiscrimination against minority populations by discouraging programs, policies, and activities with disproportionately high and adverse human health or environmental effects on minority and low-income populations;

Executive Order 13166, Improving Access to Services for Persons with Limited English Proficiency, and resulting agency guidance, national origin discrimination includes discrimination because of limited English proficiency (LEP). To ensure compliance with Title VI, you must take reasonable steps to ensure that LEP persons have meaningful access to your programs (70 Fed. Reg. at 74087 to 74100);

Title IX of the Education Amendments of 1972, as amended, which prohibits you from discriminating because of sex in education programs or activities (20 U.S.C. 1681 et seq).

15 CLA 1029 (Div. 38

Each party agrees to assume its own liability for any and all claims of any nature including all costs, expenses and attorney's fees which may in any manner result from or arise out of this agreement.

Each party shall secure and keep in force during the term of this agreement, from insurance companies, government self-insurance pools or government self-retention funds, authorized to do business in North Dakota, the following insurance coverages:

Commercial general liability and automobile liability insurance - minimum limits of liability required of the Governmental Entity are $500,000 per person and $2,000,000 per occurrence. The minimum limits of liability required of the State are $500,000 per person and $2,000,000 per occurrence.

Workers compensation insurance meeting all statutory limits.

The policies and endorsements may not be canceled or modified without thirty (30) days prior written notice to the undersigned State representative.

The State reserves the right to obtain complete, certified copies of all required insurance documents, policies, or endorsements at any time.

Each party that hires subcontractors shall require any non-public subcontractors, prior to commencement of work set out under an agreement between that party and the non-public subcontractor, to:

Defend, indemnify, and hold harmless the Governments, its agencies, officers and employees, from and against claims based on the vicarious liability of the Governments or its agents, but not against claims based on the Government's contributory negligence, comparative and/or contributory negligence or fault, sole negligence, or intentional misconduct. The legal defense provided by the Subcontractor to the Governments under this provision must be free of any conflicts of interest, even if retention of separate legal counsel for the Governments is necessary. Subcontractor also agrees to defend, indemnify, and hold the Governments harmless for all costs, expenses and attorneys' fees incurred if the Governments prevail in an action against Subcontractor in establishing and litigating the indemnification coverage provided herein. This obligation shall continue after the termination of this agreement.

Subcontractor shall secure and keep in force during the term of this agreement, from insurance companies, government self-insurance pools or government self-retention funds authorized to do business in North Dakota: 1) commercial general liability; 2) automobile liability; and 3) workers compensation insurance all covering the Subcontractor for any and all claims of any nature which may in any manner arise out of or result from this agreement. The minimum limits of liability required are $500,000 per person and $2,000,000 per occurrence for commercial general liability and automobile liability coverages, and statutory limits for workers compensation. The Governments shall be endorsed on the commercial general liability policy and automobile liability policy as additional insureds. The Governments shall have all the benefits, rights and coverages of an additional insured under these policies that shall not be limited to the minimum limits of insurance required by this agreement or by the contractual indemnity obligations of the Contractor. Said endorsement shall contain a "Waiver of Subrogation" waiving any right of recovery the insurance company may have against the Governments as well as provisions that the policy and/or endorsement may not be canceled or modified without thirty (30) days prior written notice to the undersigned representatives of the Governments, and that any attorney who represents the State under this policy must first qualify as and be appointed by the North Dakota Attorney General as a Special Assistant Attorney General as required under N.D.C.C. Section 54-12-08. Subcontractor's insurance coverage shall be primary (i.e., pay first) as respects any insurance, self-insurance or self-retention maintained by the Governments. Any insurance, self-insurance or self-retention maintained by the Governments shall be excess of the Contractor's insurance and the Subcontractor's insurance and shall not contribute with them. The insolvency or bankruptcy of the insured Subcontractor shall not release the insurer from payment under the policy, even when such insolvency or bankruptcy prevents the insured Subcontractor from meeting the retention limit under the policy. Any deductible amount or other obligations under the Subcontractor's policy(ies) shall be the sole responsibility of the Subcontractor. This insurance may be in policy or policies of insurance, primary and excess, including the so-called umbrella or catastrophe form and be placed with insurers rated "A-" or better by A.M. Best Company, Inc. The Governments will be indemnified, saved, and held harmless to the full extent of any coverage actually secured by the Subcontractor in excess of the minimum requirements set forth above. The Government Entity that hired the Subcontractor shall be held responsible for ensuring compliance with the above requirements by all Subcontractors. The Governments reserve the right to obtain complete, certified copies of all required insurance documents, policies, or endorsements at any time.

*See North Dakota Risk Management Manual, section 5.1 for discussion of "unique" and "routine" agreements.

RM Consulted 2007

Revised 6-25

Federal Clauses

Required Federal Contract Provisions

COMPLIANCE REVIEW NOTE:

The federal contract provisions contained in this document were reviewed for compliance with applicable regulations as of November 6, 2025. While every effort has been made to ensure alignment with current federal requirements, users are advised that regulatory changes may occur. This document reflects the standards in effect at the time of review and does not constitute a commitment to update contract provisions retroactively unless required by law or funding agency directive.

BUY AMERICA REQUIREMENTS 23 CFR 635.410

The provisions of this section shall prevail and be given precedence over any requirements of this subpart which are contrary to this section. However, nothing in this section shall be construed to be contrary to the requirements of 635.409(a) of this subpart.

No Federal-aid highway construction project is to be authorized for advertisement or otherwise authorized to proceed unless at least one of the following requirements is met:

The project either: (i) Includes no permanently incorporated steel or iron materials, or (ii) if steel or iron materials are to be used, all manufacturing processes, including application of a coating, for these materials must occur in the United States. Coating includes all processes which protect or enhance the value of the material to which the coating is applied.

The State has standard contract provisions that require the use of domestic materials and products, including steel and iron materials, to the same or greater extent as the provisions set forth in this section.

The State elects to include alternate bid provisions for foreign and domestic steel and iron materials which comply with the following requirements. Any procedure for obtaining alternate bids based on furnishing foreign steel and iron materials which is acceptable to the Division Administrator may be used. The contract provisions must (i) require all bidders to submit a bid based on furnishing domestic steel and iron materials, and (ii) clearly state that the contract will be awarded to the bidder who submits the lowest total bid based on furnishing domestic steel and iron materials unless such total bid exceeds the lowest total bid based on furnishing foreign steel and iron materials by more than 25 percent.

When steel and iron materials are used in a project, the requirements of this section do not prevent a minimal use of foreign steel and iron materials, if the cost of such materials used does not exceed one-tenth of one percent (0.1 percent) of the total contract cost or $2,500, whichever is greater. For purposes of this paragraph, the cost is that shown to be the value of the steel and iron products as they are delivered to the project.

(1) A State may request a waiver of the provisions of this section if;

The application of those provisions would be inconsistent with the public interest; or

Steel and iron materials/products are not produced in the United States in sufficient and reasonably available quantities which are of a satisfactory quality.

A request for waiver, accompanied by supporting information, must be submitted in writing to the Regional Federal Highway Administrator (RFHWA) through the FHWA Division Administrator. A request must be submitted sufficiently in advance of the need for the waiver in order to allow time for proper review and action on the request. The RFHWA will have approval authority on the request.

Requests for waivers may be made for specific projects, or for certain materials or products in specific geographic areas, or for combinations of both, depending on the circumstances.

The denial of the request by the RFHWA may be appealed by the State to the Federal Highway Administrator (Administrator), whose action on the request shall be considered administratively final.

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A request for a waiver which involves nationwide public interest or availability issues or more than one FHWA region may be submitted by the RFHWA to the Administrator for action.

A request for waiver and an appeal from a denial of a request must include facts and justification to support the granting of the waiver. The FHWA response to a request or appeal will be in writing and made available to the public upon request. Any request for a nationwide waiver and FHWA's action on such a request may be published in the Federal Register for public comment.

In determining whether the waivers described in paragraph (c)(1) of this section will be granted, the FHWA will consider all appropriate factors including, but not limited to, cost, administrative burden, and delay that would be imposed if the provision were not waived.

Standard State and Federal-aid contract procedures may be used to assure compliance with the requirements of this section.

EQUAL EMPLOYMENT OPPORTUNITY CLAUSE 41 CFR 60-1.4(b) and 2 CFR Part 200 Appendix II (C)

41 CFR 60-1.4(a)

Government contracts. Except as otherwise provided, each contracting agency shall include the following equal opportunity clause contained in section 202 of the order in each of its Government contracts (and modifications thereof if not included in the original contract):

During the performance of this contract, the contractor agrees as follows:

The contractor will not discriminate against any employee or applicant for employment because of race, color, religion, sex, or national origin. The contractor will take affirmative action to ensure that applicants are employed, and that employees are treated during employment, without regard to their race, color, religion, sex, or national origin. Such actions 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. The contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided by the contracting officer setting forth the provisions of this nondiscrimination clause.

The contractor will, in all solicitations or advertisements for employees placed by or on behalf of the contractor, state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex, or national origin.

The contractor will send to each labor union or representative of workers with which he has a collective bargaining agreement or other contract or understanding, a notice to be provided by the agency contracting officer, advising the labor union or workers' representative of the contractor's commitments under section 202 of Executive Order 11246 of September 24, 1965, and shall post copies of the notice in conspicuous places available to employees and applicants for employment.

The contractor will comply with all provisions of Executive Order 11246 of September 24, 1965, and of the rules, regulations, and relevant orders of the Secretary of Labor.

The contractor will furnish all information and reports required by Executive Order 11246 of September 24, 1965, and by the rules, regulations, and orders of the Secretary of Labor, or pursuant thereto, and will permit access to his books, records, and accounts by the contracting agency and the Secretary of Labor for purposes of investigation to ascertain compliance with such rules, regulations, and orders.

In the event of the contractor's non-compliance with the nondiscrimination clauses of this contract or with any of such rules, regulations, or orders, this contract may be canceled, terminated or suspended in whole or in part and the contractor may be declared ineligible for further government

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contracts in accordance with procedures authorized in Executive Order 11246 of September 24, 1965, and such other sanctions may be imposed and remedies invoked as provided in Executive Order 11246 of September 24, 1965, or by rule, regulation, or order of the Secretary of Labor, or as otherwise provided by law.

The contractor will include the provisions of paragraphs (1) through (7) in every subcontract or purchase order unless exempted by rules, regulations, or orders of the Secretary of Labor issued pursuant to section 204 of Executive Order 11246 of September 24, 1965, so that such provisions will be binding upon each subcontractor or vendor. The contractor will take such action with respect to any subcontract or purchase order as may be directed by the Secretary of Labor as a means of enforcing such provisions including sanctions for noncompliance: provided, however, that in the event the contractor becomes involved in, or is threatened with, litigation with a subcontractor or vendor as a result of such direction, the contractor may request the United States to enter into such litigation to protect the interests of the United States.

* * * * *

Subcontracts. Each nonexempt prime contractor or subcontractor shall include the equal opportunity clause in each of its nonexempt subcontracts.

Incorporation by reference. The equal opportunity clause may be incorporated by reference in all Government contracts and subcontracts, including Government bills of lading, transportation requests, contracts for deposit of Government funds, and contracts for issuing and paying U.S. savings bonds and notes, and such other contracts and subcontracts as the Deputy Assistant Secretary may designate.

Incorporation by operation of the order. By operation of the order, the equal opportunity clause shall be considered to be a part of every contract and subcontract required by the order and the regulations in this part to include such a clause whether or not it is physically incorporated in such contracts and whether or not the contract between the agency and the contractor is written.

Adaptation of language. Such necessary changes in language may be made in the equal opportunity clause as shall be appropriate to identify properly the parties and their undertakings.

2 CFR Part 200 Appendix II (C)

(C) Equal Employment Opportunity. Except as otherwise provided under 41 CFR Part 60, all contracts that meet the definition of "federally assisted construction contract" in 41 CFR Part 60-1.3 must include the equal opportunity clause provided under 41 CFR 60-1.4(b), in accordance with Executive Order 11246, "Equal Employment Opportunity" (30 FR 12319, 12935, 3 CFR Part, 1964-1965 Comp., p. 339), as amended by Executive Order 11375, "Amending Executive Order 11246 Relating to Equal Employment Opportunity," and implementing regulations at 41 CFR part 60, "Office of Federal Contract Compliance Programs, Equal Employment Opportunity, Department of Labor."

USDOT DISADVANTAGED BUSINESS ENTERPRISE PROGRAM REQUIREMENTS 49 CFR 26

Each financial assistance agreement you sign with a DOT operating administration (or a primary recipient) must include the following assurance:

The recipient shall take all necessary and reasonable steps under 49 CFR Part 26 to ensure nondiscrimination in the award and administration of DOT-assisted contracts. The recipient's DBE program, as required by 49 CFR Part 26 and as approved by DOT, is incorporated by reference in this agreement. Implementation of this program is a legal obligation, and failure to carry out its terms shall be

3

treated as a violation of this agreement. Upon notification to the recipient of its failure to carry out its approved program, the Department may impose sanctions as provided for under Part 26 and may, in appropriate cases, refer the matter for enforcement under 18 U.S.C. 1001 and/or the Program Fraud Civil Remedies Act of 1986 (31 U.S.C. 3801 et seq.).

Each contract you sign with a contractor (and each subcontract the prime contractor signs with a subcontractor) must include the following assurance:

The contractor shall carry out applicable requirements of 49 CFR Part 26 in the award and administration of DOT-assisted contracts. 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 the recipient deems appropriate.

SANCTIONS AND PENALTIES FOR BREACH OF CONTRACT 2 CFR Part 200 Appendix II (A)

Contracts for more than the simplified acquisition threshold currently set at $150,000, which is the inflation adjusted amount determined by the Civilian Agency Acquisition Council and the Defense Acquisition Regulations Council (Councils) as authorized by 41 U.S.C. 1908, must address administrative, contractual, or legal remedies in instances where contractors violate or breach contract terms, and provide for such sanctions and penalties as appropriate.

TERMINATION FOR CAUSE AND CONVENIENCE - 2 CFR PART 200 APPENDIX II (B)

All contracts in excess of $10,000 must address termination for cause and for convenience by the non-Federal entity including the manner by which it will be effected and the basis for settlement.

RIGHTS TO INVENTIONS MADE UNDER A CONTRACT OR AGREEMENT CFR Part 200 Appendix II (F)

Rights to Inventions Made Under a Contract or Agreement. If the Federal award meets the definition of "funding agreement" under 37 CFR 401.2 (a) and the recipient or subrecipient wishes to enter into a contract with a small business firm or nonprofit organization regarding the substitution of parties, assignment or performance of experimental, developmental, or research work under that "funding agreement," the recipient or subrecipient must comply with the requirements of 37 CFR Part 401, "Rights to Inventions Made by Nonprofit Organizations and Small Business Firms Under Government Grants, Contracts and Cooperative Agreements," and any implementing regulations issued by the awarding agency.

DEBARMENT AND SUSPENSION 2 CFR Part 200 Appendix II (I)

Debarment and Suspension (Executive Orders 12549 and 12689)-A contract award (see 2 CFR 180.220) must not be made to parties listed on the governmentwide Excluded Parties List System in the System for Award Management (SAM), in accordance with the OMB guidelines at 2 CFR 180 that implement Executive Orders 12549 (3 CFR Part 1986 Comp., p. 189) and 12689 (3 CFR Part 1989 Comp., p. 235), "Debarment and Suspension." The Excluded Parties List System in SAM contains the names of parties debarred, suspended, or otherwise excluded by agencies, as well as parties declared ineligible under statutory or regulatory authority other than Executive Order 12549.

BYRD ANTI-LOBBYING AMENDMENT - 2 CFR Part 200 Appendix II (J)

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Byrd Anti-Lobbying Amendment (31 U.S.C. 1352)-Contractors that apply or bid for an award of

$100,000 or more must file the required certification. Each tier certifies to the tier above that it will not and has not used Federal appropriated funds to pay any person or organization for influencing or attempting to influence an officer or employee of any agency, a member of Congress, officer or employee of Congress, or an employee of a member of Congress in connection with obtaining any Federal contract, grant or any other award covered by 31 U.S.C. 1352. Each tier must also disclose any lobbying with non-Federal funds that takes place in connection with obtaining any Federal award. Such disclosures are forwarded from tier to tier up to the non-Federal award.

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Local Clauses

Contract Provisions

The following is a list of contract or award provisions a vendor or contractor must sign based on the contract amount.

If contract is > $250,000, it must contain legal remedies for breach of contract

If contract is > $10,000, it must contain termination for cause and convenience

If construction contract, it must contain Equal Employment Opportunity

If construction contract and > $2,000, it must include Davis-Bacon Act

If contract is > $100,000 and includes mechanics or laborers, it must include Contract Work Hours and Safety Standards Act

If contract is a funding agreement for experimental, developmental, or research, it must include Rights to Inventions Made

If contract is > $150,000, it must contain the Clean Air Act and Federal Water Pollution Control Act

If contract is > $25,000, it must contain Suspension and Debarment

If contract is > $100,000, it must contain Byrd Anti-Lobbying

If State or political subdivision of State and contract is > $10,000, it must contain recovered materials in provision

All Subawards must include provision of Prohibition of Certain telecommunication and video surveillance services or equipment

All contracts, subawards and purchase orders must include of indicating domestic preferences for procurements.

If Contract is $25,000 and over, it must include provision of Waste Fraud and Abuse notification to Federal government 2 C.F.R. 180.220 and 31 U.S.C. 3729

An example of contract language for each provision is listed below.

VIOLATION AND BREACH OF CONTRACT

Rights and Remedies of the Grantor

The Grantor shall have the following rights in the event that the Grantor deems the Subrecipient guilty of a breach of any term under the Contract.

The right to take over and complete the work or any part thereof as Grantor for and at the expense of the Subrecipient, either directly or through other Subrecipients;

The right to cancel this Contract as to any or all of the work yet to be performed;

The right to specific performance, an injunction or any other appropriate equitable remedy; and

The right to money damages.

For purposes of this Contract, breach shall include. Rights and Remedies of Subrecipient

Inasmuch as the Subrecipient can be adequately compensated by money damages for any breach of this Contract, which may be committed by the Grantor, the Subrecipient expressly agrees that no default, act or omission of the Grantor shall constitute a material breach of this Contract, entitling Subrecipient to cancel or rescind the Contract (unless the Grantor directs Subrecipient to do so) or to suspend or abandon performance.

Remedies

Substantial failure of the Subrecipient to complete the Project in accordance with the terms of this Contract will be a default of this Contract. In the event of a default, the Grantor will have all remedies in law and equity, including the right to specific performance, without further assistance, and the rights to termination or suspension as provided herein. The Subrecipient recognizes that in the event of a breach of this Contract by the Subrecipient before the Grantor takes action contemplated herein, the Grantor will provide the Subrecipient with sixty (60) days written notice that the Grantor considers that such a breach has occurred and will provide the Subrecipient a reasonable period of time to respond and to take necessary corrective action.

Disputes

Disputes arising in the performance of this Contract that are not resolved by agreement of the parties shall be decided in writing by an authorized representative of Grantor. This decision shall be final and conclusive unless within [10] days from the date of receipt of its copy, the Subrecipient mails or otherwise furnishes a written appeal to the Grantor's authorized representative. In connection with any such appeal, the Subrecipient shall be afforded an opportunity to be heard and to offer evidence in support of its position. The decision of the Grantor's authorized representative shall be binding upon the Subrecipient and the Subrecipient shall abide be the decision.

In the event that a resolution of the dispute is not mutually agreed upon, the parties can agree to mediate the dispute or proceed with litigation. Notwithstanding any provision of this section, or any other provision of this Contract, it is expressly agreed and understood that any court proceeding arising out of a dispute under the Contract shall be heard by a Court de novo and the court shall not be limited in such proceeding to the issue of whether the Authority acted in an arbitrary, capricious or grossly erroneous manner.

Pending final settlement of any dispute, the parties shall proceed diligently with the performance of the Contract, and in accordance with the Grantor's direction or decisions made thereof.

Performance during Dispute

Unless otherwise directed by Grantor, Subrecipient 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 its employees, agents or others for whose acts it 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 or damage.

Remedies

Unless this Contract provides otherwise, all claims, counterclaims, disputes and other matters in question between the Grantor and the Subrecipient arising out of or relating to this Contract or its breach will be decided by arbitration if the parties mutually agree, or in a court of competent jurisdiction within the State in which the Grantor is located.

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 Grantor or Subrecipient 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.

TERMINATION

Termination by Mutual Agreement

This Grant may be terminated by mutual consent of both parties executed in writing.

Termination for Lack of Funding or Authority

GRANTOR by written notice to Subrecipient may terminate the whole or any part of this Agreement under any of the following conditions:

If funding from federal, state, or other sources is not obtained and continued at levels sufficient to allow for purchase of the services or supplies in the indicated quantities or term.

If federal or state laws or rules are modified or interpreted in a way that the services are no longer allowable or appropriate for purchase under this Agreement or are no longer eligible for the funding proposed for payments authorized by this Agreement.

If any license. permit. or certificate required by law or rule, or by the terms of this Agreement, is for any reason denied, revoked, suspended, or not renewed.

Termination of this Agreement under this subsection is without prejudice to any obligations or liabilities of either party already accrued prior to termination.

Termination for Cause

GRANTOR may terminate this Agreement effective upon delivery of written notice to Subrecipient, or any later date stated in the notice:

If Subrecipient fails to provide services required by this Agreement within the time specified or any extension agreed to by GRANTOR: or

If Subrecipient fails to perform any of the other provisions of this Agreement, or so fails to pursue the work as to endanger performance of this Agreement in accordance with its terms.

The rights and remedies of GRANTOR provided in this subsection are not exclusive and are in addition to any other rights and remedies provided by law or under this Agreement.

DAVIS-BACON ACT

Davis-Bacon Act, as amended (40 U.S.C. 3141-3148).

When required by Federal program legislation, all prime construction contracts in excess of

$2,000 awarded by non-Federal entities must include a provision for compliance with the Davis-Bacon Act (40 U.S.C. 3141-3144, and 3146-3148) as supplemented by Department of Labor regulations (29 CFR Part 5, "Labor Standards Provisions Applicable to Contracts Covering Federally Financed and Assisted Construction"). In accordance with the statute, contractors must be required to pay wages to laborers and mechanics at a rate not less than the prevailing wages specified in a wage determination made by the Secretary of Labor. In addition, contractors must be required to pay wages not less than once a week. The non-Federal entity must place a copy of the current prevailing wage determination issued by the Department of Labor in each solicitation. The decision to award a contract or subcontract must be conditioned upon the acceptance of the wage determination. The non-Federal entity must report all suspected or reported violations to the Federal awarding agency. The contracts must also include a provision for compliance with the Copeland "Anti-Kickback" Act (40 U.S.C.

3145), as supplemented by Department of Labor regulations (29 CFR Part 3, "Contractors and Subcontractors on Public Building or Public Work Financed in Whole or in Part by Loans or Grants from the United States"). The Act provides that each contractor or subrecipient must be prohibited from inducing, by any means, any person employed in the construction, completion, or repair of public work, to give up any part of the compensation to which he or she is otherwise entitled. The non-Federal entity must report all suspected or reported violations to the Federal awarding agency.

CONTRACT WORK HOURS AND SAFETY STANDARDS

Contract Work Hours and Safety Standards Act (40 U.S.C. 3701-3708).

Where applicable, all contracts awarded by the non-Federal entity in excess of $100,000 that involve the employment of mechanics or laborers must include a provision for compliance with 40 U.S.C. 3702 and 3704, as supplemented by Department of Labor regulations (29 CFR Part 5). Under 40 U.S.C. 3702 of the Act, each contractor must be required to compute the wages of every mechanic and laborer on the basis of a standard work week of 40 hours. Work in excess of the standard work week is permissible provided that the worker is compensated at a rate of not less than one and a half times the basic rate of pay for all hours worked in excess of 40 hours in the work week. The requirements of 40 U.S.C. 3704 are applicable to construction work and provide that no laborer or mechanic must be required to work in surroundings or under working conditions which are unsanitary, hazardous or dangerous.

These requirements do not apply to the purchases of supplies or materials or articles ordinarily available on the open market, or contracts for transportation or transmission of intelligence.

RIGHTS TO INVENTIONS MADE UNDER CONTRACT OR AGREEMENT - 2 CFR Part 200

Appendix II (F)

Rights to Inventions Made Under a Contract or Agreement. If the Federal award meets the definition of "funding agreement" under 37 CFR 401.2 (a) and the recipient or subrecipient wishes to enter into a contract with a small business firm or nonprofit organization regarding the substitution of parties, assignment or performance of experimental, developmental, or research work under that "funding agreement," the recipient or subrecipient must comply with the requirements of 37 CFR Part 401,"Rights to Inventions Made by Nonprofit Organizations and Small Business Firms Under Government Grants, Contracts and Cooperative Agreements," and any implementing regulations issued by the awarding agency.

CLEAN AIR ACT AND FEDERAL WATER POLLUTION CONTROL ACT

The Subrecipient agrees to comply with all applicable standards, orders, or regulations issued pursuant to the Clean Air Act (42 U.S.C. 7401-7671q) and the Federal Water Pollution Control Act as amended (33 U.S.C. 1251-1387). Violations must be reported to Federal awarding agency and the Regional Office of the Environmental Protection Agency. The following applies for contracts of amounts in excess of $150,000:

Clean Air Act

The Subrecipient 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 Subrecipient agrees to report each violation to the Grantor and understands and agrees that the Grantor will, in turn, report each violation as required to assure notification to the Grantor, Federal Emergency Management Grantor, and the appropriate Environmental

Protection Grantor Regional Office. (3) The Subrecipient agrees to include these requirements in each subcontract exceeding $150,000 financed in whole or in part with Federal assistance provided by Federal awarding agency.

Federal Water Pollution Control Act

The Subrecipient 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 Subrecipient agrees to report each violation to the Grantor and understands and agrees that the Grantor will, in turn, report each violation as required to assure notification to the Agency, Federal Emergency Management Agency, and the appropriate Environmental Protection Agency Regional Office.