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OKLAHOMA DEPARTMENT OF TRANSPORTATION 2013 NATIONAL SUMMER TRANSPORTATION INSTITUTE PROGRAM

SOLICITATION AMENDMENT

The deadline for proposals has been extended from November 21, 2012, by 4:00 pm to November 30, 2012, by 4:00 pm.

The following schedule has been revised to reflect the new dates:

EQUIRED COMPLETION DATES

November 30, 2012 Deadline for RFP’s

December 3‐7, 2012 RFP’s reviewed and ranked by the IAC

December 12, 2012 Ranked RFP’s submitted to FHWA Local Division office

January 9, 2013 Ranked RFP’s due at FHWA Headquarters. Each State will submit top three applications to FHWA.

February/March 2013 FHWA releases selection of host site(s) and funding allocation ODOT and host site(s) sign contracts

NATIONAL SUMMER TRANSPORTATION INSTITUTE PROGRAM REQUEST FOR PROPOSAL (RFP)

The Oklahoma Department of Transportation (ODOT) partnering with the Federal Highway Administration (FHWA) is seeking accredited colleges/universities that would like to host the 2013 National Summer Transportation Institute (NSTI) program.

The NSTI program is designed to introduce high school students (rising 9-12 grades) to all modes of transportation-related careers and works to encourage transportation-related courses at a college/university. The program can be either residential or nonresidential, with a minimum of 15 participants, and range anywhere from 2-4 weeks. The requested FHWA budget should not exceed $65,000. Colleges/universities are encouraged to seek partnerships with other entities for additional budget and/or in-kind contributions. The host site(s) is responsible for:

Selecting Project Director and Staff Developing program and proposal for funding consideration Executing and implementing all aspects of the program Preparing final report (annual report) Budgeting and expenditure (must comply with OMB Circular A-21).

Deadline to submit a proposal is November 21, 2012, by 4:00 pm. Proposals should be emailed to [email protected]. For questions regarding the proposal, please contact:

Jenny Chong Title VI Coordinator

Oklahoma Department of Transportation Civil Rights Division

Phone: 405-521-2072 Cell: 405-423-4130

Email: [email protected]

REQUIRED COMPLETION DATES

November 21, 2012 Deadline for RFP’s November 22-26, 2012 RFP’s reviewed and ranked by the IAC November 28, 2012 Ranked RFP’s submitted to FHWA Local Division office December 3, 2012 Ranked RFP’s due at FHWA Headquarters. Each State will submit top three applications to FHWA. February/March 2013 FHWA releases selection of host site(s) and funding allocation ODOT and host site(s) sign contracts

September 28, 2013 Host site(s) is required to prepare the Final Report (annual report) with the results of the activities and submit to ODOT for review October 15, 2013 ODOT submits Final Report to FHWA

EVALUATIONS The Intermodal Advisory Committee (IAC) will work with the selected host site(s) and provide technical assistance and guidance. All proposals will be evaluated and reviewed by the members of the IAC. The IAC consist of members representing the following organizations:

Oklahoma Department of Transportation Federal Highway Administration Federal Motor Carrier Safety Administration McCorkle Truck Line Inc. Federal Aviation Administration Federal Railroad Administration

SELECTION CRITERIA The host site(s) will be selected upon the following criteria:

Program Curriculum Required to consist of 80% STEM – Science , Technology, Engineering, &

Math Include “prep” classes such as PSAT, ACT, etc. Should include extra-curricular activities that compliment STEM components

Methods of recruiting and selecting diverse participants Implementation schedule Staff selection procedure Process of evaluating program’s success

National Summer Transportation Institute Program Checklist

Use this checklist to ensure you have completed all steps before submitting your proposal package.

√ Steps

Transmittal Sheet

Statement of Work Application – Section A

Section B – Program Overview narrative

Section C – Complete Table A

Complete Table B

√ (already completed) Table C

Complete Table D

Complete Table E

Program Curriculum narrative

Follow‐up survey narrative

STATEMENT OF WORK - REQUIREMENTS

PART I: INSTRUCTIONS AND GUIDELINES

The National Summer Transportation Institute (NSTI) Project Director is responsible for preparing and submitting a statement of work (SOW) application to the Oklahoma Department of Transportation. The SOW should not exceed 10 pages (Tables A-E does not count against the page limitation). The SOW should be sent as a Word document using the Times New Roman font type and single-spaced. The following components are included in the SOW:

Section A: PROGRAM INFORMATION This section should include the following information:

Host Site (Name of accredited college/university; Address) Amount of Funding Requested Length of Program Program Dates Type of Program (e.g., residential) Anticipated Number of Students Congressional District Number(s)

Section B: PROGRAM OVERVIEW Provide a one-or-two-page summary of the NSTI Program your college/university plans to implement.

Section C: PROGRAM ADMINISTRATION

1. Recruitment and Student Selection Procedures: Provide a brief narrative on your recruitment and student selection procedures. The selection committee is encouraged to use, at a minimum, the following criteria to select participants:

a. Students who are rising ninth, tenth, eleventh, or twelfth grader for High School programs. b. Students who have completed algebra or will be qualified for enrollment in algebra for the

coming school term for High School programs. c. Students having a minimum cumulative grade point average of 2.0 on a 4.0 scale. d. Students having an expressed interest in engineering, science, transportation, or

technology careers. e. Students who have submitted at least one letter of recommendation from a teacher or a

guidance counselor.

f. Students who have submitted a written statement regarding his/her reasons for wanting to participate in the program and how the STI can assist in meeting his/her career goals.

2. Staffing Requirements: Complete Table A. – List all position titles and job descriptions. 3. Program Cost: Complete Table B – Provide a detailed budget and narratives. 4. Inter-Modal Advisory Committee (IAC): (Already Completed) 5. Specific Named Partners: Complete Table D 6. Implementation Schedule: Complete Table E – List all tasks to be performed, who is

responsible for each task, action(s) required, and the timeframe for completion. 7. Program Curriculum: Provide narratives that address student participation/activities for the

academic, enhancement, and sports/recreation curriculum components. The academic program should introduce the transportation industry and expose students to in-depth facts related to the transportation industry and career opportunities. In addition, the program must include exposure to all modes of transportation: land, air, water, and the incorporation of safety topics. The enhancement program should expose students to methods and activities, which improve study habits, promote academic achievement, and foster self-awareness. The sports/recreation program (residential program) should expose students to sports/recreation, rules/regulations, and encourage good sportsmanship. A tentative activity schedule for each week should also be provided.

8. Follow-up Survey of Participants: Provide a narrative that addresses how the survey will be conducted. The surveys are administered to the high school seniors to ascertain post-secondary goals and career objectives.

PART II: PROGRAM CURRICULUM DEFINITIONS The curriculum, which includes a weekly calendar, at a minimum, conforms to the NSTI general curricula and includes all aspects of the transportation industry and its role in society. The design and delivery create awareness and stimulate the participant’s interest in the opportunities that exist in the transportation industry.

Academic Program The academic program is conducted each weekday. The program should be designed to: 1) introduce the transportation industry to students and 2) expose them to in-depth facts related to the transportation industry and career opportunities. The program must include exposure to all of the modes of transportation (land, air, water, and the incorporation of safety topics). The program’s core is required to consist of 80 % STEM (SCIENCE, TECHNOLOGY, ENGINEERING, & MATH). As a part of the learning experience, include activity-based presentations by professionals who work in areas related to the mode being studied and field trips to businesses or government agencies. All field trips should be transportation-related and a description provided. Incorporate hands-on activities such as laboratory activities, project design, construction and testing that may culminate with student competition. Some suggested activities are rocket design, computer programming, computer applications, solar car design, glider design, bridge design, poster competition, and mass transit design. Each mode listed below, at a minimum, should cover the various transportation careers, education and training requirements.

Land transportation topics may include: Highway Design Transportation Planning Traffic Signal Timing Transportation Logistics Public Transit Railroad Transportation Truck Operations Traffic Flow

Air transportation topics may include: Flight Theories Aircraft Performance Flight Instruments Power Plant Designs Gravity (properties, etc.) Air Navigation Space

Water transportation topics may include Deep Sea Freight Transportation Deep Sea Passenger Transportation Towing/Tugboat Services Marinas Water Transportation Services (e.g., airboats, excursion boat operations, water taxis, passenger

transportation on rivers and canals) Inter-Coastal Waterway Local Water Transportation Marine Cargo Handling

The Safety module, at a minimum, discusses Ways to build safety into the transportation structure Improve safety Incentives for better safety Methods to analyze and forecast safety trends and issues Benefits of safe transportation

At least two phases of transportation safety should be explored. Topics may include:

Pedestrian Safety Bicycle Safety Air Travel Safety Vehicle Safety

Enhancement Program The enhancement program will expose students to methods and activities, which improve study habits, promote academic achievement, and foster self-awareness. Activities may include: Time Management Study Habits SAT Prep Library Use Vocabulary Development Computer Skills Personal Grooming/Skills Oral/Written Communication Skills

The host sites are encouraged to consider coordinating activities with other campus summer programs and the local community in the development in its Summer Transportation Institutes (STI).

Sports and Recreation Program The purpose of the sports and recreation program is to expose students to sports and recreation, rules and regulations, and to encourage good sportsmanship. A sports and recreation program is included for residential programs and may be included for non-residential programs to provide a healthy team and competitive attitude among the participants. Although this program is a component of the STI curriculum, pursuant to Office of Management and Budget A-21 J.17 - Entertainment Costs, No Federal funds may be used for entertainment activities such as student sports/fitness center, swimming pool, board games, bowling, movies, water parks, amusement parks, cruises, etc. Host sites must find alternative funding for, including the transportation, food, etc. associated with these events. It is recommended that host sites utilize the sports/recreational resources already available on its campuses. Bowling Swimming Board Games Movies Basketball Football Tennis Volley Ball

PART III: BUDGET DEFINITIONS The budget summary is a skeletal outline showing how the STI program’s total cost is allocated to line items. The summary will be in a table format (see Table B attachment) and provide the main budget line item categories, identification of whether funds are requested or in-kind and the total amounts for each category. In-kind contributions include human and/or material resources such as materials, equipment or services that are given without charge to the program or organization.

FHWA has capped the Federal cost for each of the following budget items. Total budget for FHWA funds should not exceed $65,000: Personnel + Fringe: Not to Exceed 45% of total approved funding Indirect Cost: Not to Exceed 15%

Listed below are the budget categories and definitions. 1. Personnel: Includes all expenditures for direct services of persons who are in the employment of the

host site, regardless of whether such employment is on a permanent, temporary, or fee basis. 2. Fringe Benefits: Includes all employer contributions made by the host site on behalf of employees. 3. Recruitment: Includes all expenditures for the recruitment of student participation in the NSTI

Program. A brief explanation is required for travel. Listed below are allowable items/activities :regarding this category: Travel (Project/Program Director) – visit/participate in school activities and/or meet with student

counselors to market the NSTI program. Production of flyers, application packages, student selection/non-selection notification letters and

any other required program documents at a reasonable cost. Postage such as the mailing of applications and other program documents to public/and private

secondary schools, students at a reasonable cost. 4. Contractual Services: Includes all expenditures for services, other than by officials and employees

of the host site, which includes the use of equipment, materials, or commodities.

5. Food: Includes all expenditures in the following categories at a reasonable cost: Orientation Meeting Residential Program: Breakfast/Lunch/Dinner Non-Residential Program: Lunch - if a transportation topic is being presented/discussed Closing Program Note: Meals included with any field trip must be deducted from the daily cost.

6. Travel: Includes all expenditures by host site employees for transportation, mileage, lodging, meals

and other charges necessary to the travel approved. The following information must be provided: number of trips planned, number of persons attending each trip, name of the event, purpose of the trip (e.g., students will receive a tour and/or brief presentations, hands-on activities, etc., location and other costs. Fares for common carriers such as airplanes, railroads, buses, auto/van rentals, or other chartered transportation services should be charged to travel when charges are paid directly by the host site or directly by the host site employee. All field trips/travel plans should be identified individually.

Note: Only educational transportation-related trips will be approved for funding. A brief narrative explaining how the trip relates to transportation should be included.

7. Supplies: Identify all materials and supplies needed for the daily implementation of the STI program

such as program and training supplies. Include all expenditures for articles of substances which have specific uses and when applied to their respective uses are subject to such changes as will consume them or will render them unfit for continuous and permanent use. Transportation charges on supplies are a part of the cost of supplies and will be charged and classified as such. Please provide a narrative for any items that require an explanation (i.e., special software-please include the purpose).

Note: STI program funds may not be used to purchase equipment.

8. Room and Board: Includes the cost of sleeping accommodations and meals made by the host site

on behalf of a student, where such is not an employee of the host site. 9. Indirect Cost: Indirect cost is any cost that cannot be directly attributed to the project, and may cover

services and products such as telephone bill, utilities, rent payments, and maintenance costs.

Fiscal Year: 2013

National Summer Transportation Institute Program Statement of Work Application

Section A: Program Information

Host Site (Name): Amount of Funding Requested:

Type of In-Kind Contributions: N/A Monetary $

Other (Provide brief description):

Length of Program: Program Dates: Congressional District Number(s):

Anticipated Number of Students:

Select Type of Program: Residential Non-Residential Select Grade Levels: Middle School (grades 7-9) High School (grades 9-12)

Each Summer Transportation Institute (STI) Host Site is responsible for:

1. Financial Reimbursement: Submitting all invoices in a timely manner. Note: Expenses on invoices should reflect only the expenses listed in the approved budget.

2. Section 508 Standards of the Rehabilitation Act: Ensuring that their procurement of electronic and information technology takes into account the needs of all end users – including members of the public with disabilities who are seeking information or services, have access to and use of information and data that is comparable to that provided to others.

3. Annual Report: Preparing and submitting an annual report that includes the results of

activities associated with the STI to its State transportation agency. 4. Program Evaluations: Conducting weekly evaluations and overall participant’s program

evaluations at the end of the STI program. Section B: Program Overview

Section C: Program Administration 1. Recruitment and Student Selection Procedures 2. Staffing Requirements - Complete Table A (Do not copy and paste the table into the

2

application).

3. Program Cost - Complete Table B (Do not copy and paste the table into the application). 4. Inter-Modal Advisory Committee - Completed

5. Specific-Named Partners - Complete Table D (Do not copy and paste the table into the

application). 6. Implementation Schedule - Complete Table E (Do not copy and paste the table into the

application).

7. Program Curriculum Academic Enhancement Sports/Recreation (residential programs)

8. Follow-up Survey of Students

Fiscal Year: 2013 National Summer Transportation Institute Program

Statement of Work Application

Transmittal Sheet

Host Site (College/University): Address:

Contact Representatives Host Site Project Director: Phone: Fax: E-Mail: State Transportation Agency Liaison: Name: Jenny K. Chong Title: Title VI Coordinator Phone: 405-521-2072 Fax: 405-522-2136 E-Mail: [email protected] Federal Highway Administration Division office Name: Darren kaihlanen Title: civil rights specialist Phone:405-254-3312 Fax: 405-254-3302 E-Mail: [email protected] Please Complete and Return This Sheet Along With Your Statement of Work To The Federal Highway Administration – Office of Civil Rights.

State:Fiscal Year: 2013

Personnel Assigned (if known) Job DescriptionName:

Position Title:Affiliation:

Name:Position Title:

Affiliation:


Affiliation:


Affiliation:


Affiliation:


Affiliation:


Affiliation:


Affiliation:


Affiliation:


Affiliation:


Affiliation:


Affiliation:


Table A: Staffing Requirements

Host Site:

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Table A: Staffing Requirements


Affiliation:


Affiliation:


Affiliation:


Affiliation:


Affiliation:


Affiliation:


Affiliation:


Affiliation:


Affiliation:


Affiliation:


Affiliation:


Affiliation:

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State:

CategoriesFHWA Funds

RequestedIn-Kind

Contribution(s)Total Cost

Host Site: Personnel $0.00 $0.00 $0.00Fiscal Year: 2013 Fringe Benefits $0.00 $0.00 $0.00

Recruitment $0.00 $0.00 $0.00Contractual Services $0.00 $0.00 $0.00Food $0.00 $0.00 $0.00Travel $0.00 $0.00 $0.00Supplies $0.00 $0.00 $0.00Room & Board $0.00 $0.00 $0.00Stipends $0.00 $0.00 $0.00Direct Cost $0.00 $0.00 $0.00Indirect Cost $0.00 $0.00 $0.00

Totals $0.00 $0.00 $0.00

FHWA Funds Requested

In-Kind Contribution(s)

Total Cost

$0.00 $0.00 $0.00$0.00$0.00$0.00$0.00$0.00$0.00$0.00$0.00$0.00$0.00$0.00$0.00$0.00$0.00$0.00$0.00$0.00$0.00$0.00$0.00$0.00$0.00$0.00$0.00

$0.00 $0.00 $0.00

Budget Narratives

Budget Narratives: Please provide narratives for each category listed above. The narratives should include cost breakdown for items and the purpose (if applicable). For more details, refer to the instructions provded.


Table B: Program Cost (Detailed Budget Summary)

Budget

For All SOWs, Headquarters'Civil Rights Office has capped the following costs: Personnel+Fringe: Not to Exceed 45% of Total Approved Budget Indirect Cost: Not to Exceed 15% of Direct Cost

Note : These caps Pertain to FHWA Funding Only.

Cost BreakdownsNarrativesCategories

State: Fiscal Year: 2013

Name: Jenny ChongTitle: Title VI Coordinator

Organization: Oklahoma Department of Transportation

Name: Darren KaihlanenTitle: Civil Rights Specialist

Organization: Federal Highway Administration

Name: Dennis MacyTitle: Transportation Finance Specialist

Organization: Federal Highway Administration

Name: Mac KirkTitle: Division Administrator

Organization: Federal Motor Carrier Safety Administration

Name: Bob NealTitle: Federal Program Specialist

Organization: Federal Motor Carrier Safety Administration

Name: Melissa GraffignaTitle: International Liaison Officer

Organization: Federal Aviation Administration

Name: Cindy MillerTitle:

Organization: McCorkle Truck Line

Name: Bob CentraccoTitle: Supervisory Specialist Hazardous Materials

Organization: Federal Railroad Administration

Name:Title:

Organization:

Name:Title:

Organization:

Name:Title:

Organization:

Name:Title:

Organization:


Table C: Inter-modal Advisory Committee (IAC)

Host Site:

Page 1 of 2

Table C: Inter-modal Advisory Committee (IAC)

Name:Title:

Organization:

Name:Title:

Organization:

Name:Title:

Organization:

Name:Title:

Organization:

Name:Title:

Organization:

Name:Title:

Organization:

Name:Title:

Organization:

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Table D: Partners/Sponsors


Name:Title:

Organization:Role/Contribution:

Name:Title:


Name:Title:


Name:Title:


Name:Title:


Name:Title:


Name:Title:


Name:Title:


Name:Title:


National Summer Transportation Institute Program - Statement of Work Application

Host Site:

Page 1 of 2

Table D: Partners/Sponsors

Name:Title:


Name:Title:


Name:Title:


Name:Title:


Name:Title:


Name:Title:


Name:Title:


Name:Title:


Name:Title:


Name:Title:


Page 2 of 2


Task:Assigned To:

Action Required:Timeframe:

Task:Assigned To:


Task:Assigned To:


Task:Assigned To:


Task:Assigned To:


Task:Assigned To:


Task:Assigned To:


Task:Assigned To:


Task:Assigned To:


Task:Assigned To:

National Summer Transportation Institute Program - Statement of Work Application

Host Site:

Table E: Implementation Plan

Page 1 of 2


Task:Assigned To:


Task:Assigned To:


Task:Assigned To:


Task:Assigned To:


Task:Assigned To:


Task:Assigned To:


Task:Assigned To:


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*****PROPOSED***** MEMORANDUM OF UNDERSTANDING

BETWEEN OKLAHOMA DEPARTMENT OF TRANSPORTATION AND FEDERAL HIGHWAY ADMINISTRATION AND _____________UNIVERSITY

This Memorandum of Understanding is made and entered into by the Oklahoma Department of Transportation (hereinafter designated ODOT), and _______________ University (hereinafter designated UNIVERSITY) to provide funding to the UNIVERSITY for production of the 2013 National Summer Transportation Institute (NSTI) conducted at the UNIVERSITY between _______ and ______, 2013.

WHEREAS, ODOT is charged under the laws of the State of Oklahoma with operating and maintaining an effective transportation network for the people, commerce and communities of the State of Oklahoma and is authorized to enter this contract pursuant to Title 69 OS §304; and,

WHEREAS, the UNIVERSITY is a public Oklahoma land grant institution of higher learning providing post-secondary education to individuals and developing leaders to fulfill the needs of Oklahoma and the United States for productive citizens and an educated workforce; and,

WHEREAS, the U.S. Department of Transportation, Federal Highway Administration (FHWA), Headquarters Civil Rights Office, has approved a Program Funding Allocation to facilitate the 2012 NSTI; and,

WHEREAS, the parties hereto have had a long standing relationship to facilitate and conduct the NSTI program together.

NOW, THEREFORE, for and in consideration of the mutual needs of the parties as expressed herein, ODOT and the UNIVERSITY do hereby mutually enter the following understanding:

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SECTION 1: Purpose of the Memorandum of Understanding

With the understanding of financial support from FHWA, the 2013 NSTI Program will be conducted by the UNIVERSITY from _______ through _______, 13, with the understanding, consent and oral agreement of ODOT’s Civil Rights Division.

SECTION 2: Understanding of University

The UNIVERSITY submitted a budget and proposal to ODOT for the 2013 NSTI program in November 2012, in response to a Request for Proposal (RFP) (See Attachment A). The UNIVERSITY was selected to host the 2013 NSTI program. The UNIVERSITY submitted a proposed budget to the FHWA for _____________Dollars ($XXXXX.XX). The FHWA committed to provide ___________________ ($XXXXX.XX) contingent upon the following:

FY 2013 Programs

1) Invoices must be submitted, at a minimum, every 30 days. “No cost invoices” are not required; however, in the event program costs are not incurred for a 30-day period, a narrative explanation from the STI Program Director must be submitted to account for the program time.

2) Invoices must permit the tracing of Federal funds to a level of expenditure adequate to establish that monies have been used in accordance with the program.

3) Invoices must include copies of all receipts. 4) In the event a budget category will under-run for the program year, _________University is permitted

to shift the remaining funds to another approved budget category (See Attachment B). Request to shift funding must be made prior to submission of invoices and must receive Division concurrence before reimbursement will be authorized.

SECTION 3: Scope of Work

The University is responsible for the following items: a. Develop, implement, and direct all phases of the NSTI, which includes, but is not limited to:

Recruitment and selection of participants; Disciplinary action; Orientation/Closing Programs; Curriculum development, evaluations; Work under the guidance of the Intermodal Advisory Committee; Develop/administer and track the budget and expenditures; Prepare and submit required documents and reports; Serve as the point of contact;

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Organize and coordinate activities of the NSTI program. b. Ensure that all procurement of electronic and information technology takes into account the needs

of all end users- including members of the public with disabilities who are seeking information or services, have access to and use of information and data that is comparable to that provided to others.

c. Prepare and submit an annual report that includes the results of activities associated with the 2013 NSTI by September 28, 2013, to the ODOT for review and approval. Once approved, the UNIVERSITY is responsible for submitting the report to the ODOT or before October 15, 2013. Reports should follow the instructions and guidelines set forth by the U.S. Department of Transportation’s FHWA’s Office of Civil Rights.

d. Conduct weekly evaluations and overall participant’s program evaluations at the end of the NSTI program.

e. Invoices must be submitted, at a minimum, every 30 days. “No cost invoices” are not required; however, in the event program costs are not incurred for a 30-day period, a narrative explanation from the STI Program Director must be submitted to account for the program time.

f. Invoices must permit the tracing of Federal funds to a level of expenditure adequate to establish that monies have been used in accordance with the program.

g. Invoices must include copies of all receipts. h. In the event a budget category will under-run for the program year, ___________ University is

permitted to shift the remaining funds to another approved budget category. Request to shift funding must be made in writing and approved by ODOT prior to submission of invoices. ODOT will seek concurrence from the FHWA Oklahoma Division before reimbursement will be authorized.

i. Invoices must be submitted directly to the ODOT.

SECTION 4: Understanding of ODOT

The FHWA committed to provide funding in the amount of _____________ ($XXXXX.XX) reimbursable to the ODOT for the UNIVERSITY’s 2013 NSTI program. The UNIVERSITY is responsible for submitting invoices directly to the ODOT.

SECTION 5: Final Settlement of Program Costs

Pursuant to the mutual understanding of the UNIVERSITY and ODOT expressed herein, it is the agreement of the parties that the UNIVERSITY shall receive from the FHWA payment __________________($XXXXX.XX) for the 2013 NSTI program contingent upon items listed in SECTION 2 and SECTION 3.

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SECTION 6: Dispute Resolution

In the event of any dispute, claim, question, or disagreement arising out of or relating to this contract or the breach thereof, the parties hereto shall use their best efforts to settle such disputes, claims, questions or disagreement. To this effect, they shall consult and negotiate with each other in good faith and, recognizing their mutual interests, attempt to reach a just and equitable solution satisfactory to both sides.

SECTION 7: Records

The UNIVERSITY is to maintain all books, documents, papers, accounting records and other evidence pertaining to costs incurred and to make such materials available at their respective offices at all reasonable times, during the Agreement period and for three (3) years from the date of final payment under the Agreement for inspection by the DEPARTMENT and the State Auditor and Inspector, and copies thereof shall be furnished to the DEPARTMENT, if requested. All such records shall further be subject to inspection by appropriate officials of the Federal Highway Administration and other agencies of the United States Government to the extent federal funds are used to provide financial support to projects undertaken pursuant to this agreement.

SECTION 8: Termination

This contract may only be terminated upon written mutual consent of the DEPARTMENT, the UNIVERSITY and the FHWA.

SECTION 9: Limitation of Liability

The DEPARTMENT, the UNIVERSITY and FHWA mutually recognize that each party is a governmental entity subject to the provisions of the respective Governmental Tort Claims Acts (51 O.S. § 151 et seq. and 28 USC §2671 et seq.). The DEPARTMENT, the UNIVERSITY and FHWA hereby mutually agree that each is and may be held severally liable for any and all claims, demands, and suits in law or equity, of any nature whatsoever, paying for damages or otherwise, arising from any negligent act or omission of any of their respective employees, agents or officers which may occur during the prosecution or performance of this Agreement to the extent provided in the Governmental Tort Claims Act. Each party agrees to severally bear all costs of investigation and defense of claims arising under the Governmental Tort Claims Act and any judgments which may be rendered in such cause to the limits provided by law. Nothing in this section shall be interpreted or construed to waive any legal defense which may be available to a party or any exemption, limitation or exception which may be provided by the Governmental Tort Claims Act.

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SECTION 10: Governing law

Any claims, disputes or litigation relating to the solicitation, execution, interpretation, performance or enforcement of this Agreement shall be governed by the laws of the State of Oklahoma and the applicable rules, regulations, policies and procedures of the Oklahoma Transportation Commission. Venue for any action, claim, dispute or litigation, mediation or arbitration shall be in Oklahoma County, Oklahoma.

SECTION 11: Amendments

No changes, revisions, amendments or alterations in the manner, scope, or type of work or compensation to be paid by ODOT shall be effective unless reduced to writing and executed by the parties with same formalities as are observed in the execution of this Contract.

SECTION 12: Time

Time is of the essence in the performance of the tasks required by this Contract, and all tasks required to be performed in this Contract will be completed in a timely manner and within such deadlines as may be imposed by ODOT.

SECTION 13: Notices

All notices, demands, requests, or other communications which may be or are required to be given, served or sent by either party to the other pursuant to this Agreement shall be in writing and shall be deemed to have been properly given or sent:

13.1) if intended for the DEPARTMENT, by mailing by first class mail or, if sender prefers, by registered or certified mail, return receipt requested, with postage prepaid, addressed to:

Oklahoma Department of Transportation Civil Rights Division

Attention: Jenny Chong, Title VI Coordinator 200 N.E. 21st Street, Room 1-C4

Oklahoma City, OK 73105

13.2) if intended for UNIVERSITY, by mailing by first class mail or, if sender prefers, by registered or certified mail, return receipt requested, with postage prepaid, addressed to:

______________University _______________________

________________________

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13.3) if intended for FHWA, by mailing by first class mail or, if sender prefers, by registered or certified mail, return receipt requested, with postage prepaid, addressed to:

Federal Highway Administration Attn: Darren Kaihlanen, Civil Rights Specialist

5801 N. Broadway Ext., Suite 300 Oklahoma City, OK 73118

SECTION 14: Civil Rights

UNIVERSITY agrees to comply with Title VI of the Civil Rights Act of 1964, 78 Stat. § 252, 42 U.S.C. § 2000d et seq., and all requirements imposed by or pursuant to Title 49, Code of Federal Regulations, Part 21 - “Nondiscrimination in federally assisted programs of the Department of Transportation - effectuation of Title VI of the Civil Rights Act 1964" (See Attachment C).

SECTION 15: Effective Date

This contact shall become effective on the date of execution by the ODOT’S Chief Engineer/Deputy Director.

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IN WITNESS WHEREOF, the parties hereto have set their hand on the date indicated below on behalf of the UNIVERSITY, THE OKLAHOMA DEPARTMENT OF TRANSPORTATION.

ON BEHALF OF THE UNIVERSITY

_________________________________ Dated:__________________________ President

_________________________________ Dated:___________________________ 2013 NSTI Project Director

STATE OF OKLAHOMA _______ ____)

) ss

COUNTY OF ______________________)

Subscribed and sworn to before me appeared _________________________________________, President, and _________________________________, NSTI Director this _____________ day of ________________ 2013.

_____________________________________ Notary Public [SEAL]

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OKLAHOMA DEPARTMENT OF TRANSPORTATION

Recommended for Approval:

_________________________________ Dated:___________________________ JENNY CHONG, Title VI Coordinator Civil Rights Division

_________________________________ Dated:___________________________ GREGORY PRINGLE, Division Manager Civil Rights Division

Approved as to Form and Legality:

_________________________________ Dated:___________________________ DAVID MILEY Assistant General Counsel

Approved:

_________________________________ Dated:___________________________ GARY EVANS Deputy Director

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ATTACHMENTS

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ATTACHMENT A

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ATTACHMENT B

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ATTACHMENT C

TITLE VI NON-DISCRIMINATION CLAUSE (Assurances)

During the performance of this Agreement, ___________University (hereafter in this Section “the Recipient”), for itself, its assignees and successors in interest, agrees as follows:

1. Compliance with Regulations: The Recipient shall comply with the regulations relative to nondiscrimination in federally-assisted programs of the Department of Transportation, Title 49, Code of Federal Regulations, Part 21, as they may be amended from time to time (hereinafter referred to as the Regulations), which are herein incorporated by reference and made a part of this contract.

2. Nondiscrimination:

The Recipient, with regard to the work performed by it during the contract, shall not discriminate on the grounds of race, color, sex, age, national origin, disability/handicap, or income status, in the selection and retention of subcontractors, including procurements of materials and leases of equipment. The Recipient shall not participate, either directly or indirectly, in the discrimination prohibited by Section 21.5 of the Regulations, including employment practices when the contract covers a program set forth in appendix B of the Regulations.

3. Solicitations for Subcontracts, Including Procurement of Materials and Equipment: In all solicitations, either by competitive bidding or negotiation, made by the Recipient 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 Recipient of the Recipient’s obligations under this contract and the Regulations relative to nondiscrimination on the grounds of race, color, sex, age, national origin, disability/handicap, or income status.

4. Information and Reports:

The Recipient 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 the State Department of Transportation or the Federal Highway Administration to be pertinent to ascertain compliance with such Regulations or directives. Where any information required of a Recipient is in the exclusive possession of another who fails or refuses to furnish this information, the Recipient shall so certify to the State Department of Transportation, or the Federal Highway Administration, as appropriate, and shall set forth what efforts it has made to obtain the information.

5. Sanctions for Noncompliance: In the event of the Recipient’s noncompliance with the nondiscrimination provision of this contract, the State Department of Transportation shall impose such contract sanctions as it or the Federal Highway Administration determine to be appropriate, including but not limited to: a. Withholding of payments to the Recipient under the contract until the Recipient

complies and/or

b. Cancellation, termination, or suspension of the contract in whole or in part.

6. Incorporation of Provisions: The Recipient shall include the provisions of paragraphs 1 through 6 in every subcontract, including procurements of materials and leases of equipment, unless exempt by the Regulations or directives issued pursuant thereto. The Recipient shall take such action with respect to any subcontract or procurement as the State Department of Transportation or the Federal Highway Administration may direct as a means of enforcing such provisions, including sanctions for noncompliance provided, however, that in the event a Recipient becomes involved in, or is threatened with, litigation by a subcontractor or supplier as a result of such direction, the Recipient may request the State Department of Transportation to enter into such litigation to protect the interests of the State; and, in addition, the Recipient may request the United States to enter into such litigation to protect the interests of the United States. __________________________________ ________________________ College/University, President Date

OKLAHOMA DEPARTMENT OF TRANSPORTATION NATIONAL … · OKLAHOMA DEPARTMENT OF TRANSPORTATION 2013...

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