HomeMy WebLinkAboutResolution - 3011 - Grant Application - TDHPT -STEP Program, LPD - 01/12/1989C
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Resolution -0011
January 12, 1989
Item #37
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
THAT the City Manager of the City of Lubbock BE and is hereby
authorized and directed to execute for and on behalf of the City of
Lubbock a grant application filed by the City of Lubbock to implement
a planned Selective Traffic Enforcement Project (STEP) that will enhance
apprehension of D.W.I. offenders, attached herewith, which shall be spread
upon the minutes of the Council and as spread upon the minutes of this
Council shall constitute and be a part of this Resolution as if fully
copied herein in detail.
Passed by the City Council this 12th
'ATTEST-.
t
tte Boyd, City Secretary
APPROVED AS TO CONTENT:
Thcmas J. Nichols, Chief of Police
APPROVED AS TO FORM:
day of January 1, 1988.
'06�• F-
a
B. C. McMINN, MAYOR
City Attorney
• r 4' ,I
•� N
:- TEXAS Tit 'FIC SAFETY PROGRAM CON ..SACT
STATE DEPARTMENT OF NO WAY8 AND MUC TRAN8PORTATI0N
TRAFFIC SAFETY SECTION
AUSTIN. TEXAS 78701 17560005906000
589XXF6055
3 1018 NATIONAL - (89)01 -02 -AI -AL
PROJECT NAME
HAZARDOUS DRIVER REMOVAL- DRUNK DRIVER APPREHENSION
BRIEF DESCRIPTION OF PROJECT (FOR DETAILS. SEE STATEMENT OF WORK)
To implement a planned*'Se-Iective'Traffic Enforcement Project (STEP) that
will apply additional.enforcement effort at those locations, time of day
and day of week against Driving.While Intoxicated (DWI) -violations at
specific locations where either a`high incidence of alcohol-related
crashes occur. or where the potential exists.
GOALSMETHOD
To increase the number of arrest
OF EVLUATION (FOR DETAILS, SEE STATEMENT OF WORK)
of WI offenders at STEP sites.
Administrative
COST CATEGORY
AMOUNT
PROPOSED PROJECT PERIOD
This Contmet
Fuhme Years
Trial Project
PERSONALSERVICES ............
48, 827.50
FROM 01-01-89
CONTRACT SERVICES ............
To. 9-30-89
COMMODITIES ...................
OTHER DIRECTCOST .............
3,937.50
CONTRACT PERIOD
ENDS
INDIRECT COST ..................
PROFIT .........................
_
9-30-89 -
TOTAL
52,765.00
, -
TY►E QF REtRSUItiEiIENT
WURCES OF FUNDS
AMWNT
REIMBURSEMENT UMITS
LUMP SUM
1. MAXIMUM AMOUNT ELIGIBLE FOR
FEDERAL , .(A Q'L )..
26 382.50
REIMBURSEMENF12fi 2&1L f
DCOST PER UNIT OF WORK
QTSF .................
2. NO COST CATEGORY "y BE DICEEDED
BY MORE THAN SX OF THE CON-
D COST PWS FDCED FEE
TRACT TOTAL BUDGET
D SPECIFIC
S. ONLY THOSE COSTS INCURRED DURING
THE CONTRACT PERIOD SHALL BE
RATES
ELIGIBLE FOR REIMBURSEMENT.
_1:ftAL.CasT
LOCAL ......
26;382.'50
THE CONTRACTOR MUST BEAR ALL COSTS
NOT ELIGIBLE FOR REIMBURSEMENT.
FOR DETA" SEE STATEMENT OF WORK
TOTAL
52,765.00
• THIS CONTRACT INCLUDES 5 ATTACHMENTS.
1. STATEMENT OF WORK 4. operations plan ,
5. -action plan
2. GENERAL PROVISIONS
0. SPECIAL PROVISIONS
• FEDERAL AND STATE REGULATIONS AND GUIDEUNES SHALL BE THE BASIS FOR DETERMINING ELIGIBILITY OF COSTS
Flit 18.1$3.1 (rev. 9194) papa 1 0! 3
fReDlaces TSS Form A3.0I
0
TEXAS TRAFFIC SAFETY PROGRAM CONTRACT
ti f
REPRESENTATIONS, CERTIFICATIONS, AND ACKNOWLEDGMENTS
1. EQUAL OPPORTUNITY: (check appropriate boxes) _
The Contractor repro:encs that it Lossnot participated In a previous contras or
subcontract subject either to the Equal Opportunity Clause herein, tt» disuse briginany contained in '
Section 301 of Ex ave Order 1.0925, or the clause contained in Section 201 of Executive Order No.'
11114: that it p { hal tet. Ned aq required compliance reports: and that representations
Indicating submission of required compliance reports, signed by proposed subcontractors. will be ob-
Uined prior to subcontract award.
11. AFFIRMATIVE ACTION PROGRAM: (check appropriate box)
The Contractor represents that it:
® has developed and has on file at each establishment affirmative oction.programs as required by the
rules and regulations of the Secretary of Labor (41„ CFR 00-1 said 80.21.
has not developed or does not have on file at each establishment affirmtive action programs as re-
quired by the rules and regulations of the Secretary of Labor 141 CFR 80.1 and 60.2).
has not previously had contracts subject to the written affirmative action program requirements of
the rules and regulations of the Secretary of Labor.
Ili. CERTIFICATION OF NONSEGREGATED FACILITIES:
The Contractor certifies that it does not maintain or provide for employee's facilities which are
segregated on the basis of race, color, religion. sox or national origin. whether such facilities are
segregated by directive or on a de facto basis. The offeror further agrees that he will not maintain such
segregated facilities. - -
IV. CLEAN AIR ACT COMPLIANCE:
For aq contracts In excess of $100,000, the recipient agrees to comply with all applicable standards,
orders, or regulations issued pursuant to the Clean Air Act of 1970. Violation's shall be reported to the
Department and the Regional Office of the Environmental Protection Agency.
V. PRINCIPAL PLACE OF PERFORMANCE:
The location of the Contractor's plant or place of business where the itsm(s) will be produced or the
principal services will be performed under the contract Is
CITY Lubbock COUNTY Lubbock STATE Texas
VI. ASSURANCE:
The Contractor hereby assures compliance with all terms, conditions and general and special provi-
sions for this contract. including attachments.
iw 18.133.2 page 2 of 3
The Contractor is hereby authorized to perform work on this project during the contract period, subject to the
terms and conditions of this contract and all applicable state and federal laws and regulations.
BY:
Signature of PeFsorLAAhorfzecr Date
to Commit Contractor
City Manager
Title
City of Lubbock
Contractor
Contractor Mailing Address:
P. O. Box 2000
Street or P.O. Box
Lubbock, Texas 79457
City, State, Zip Code
8068_) 762-6411
Area Code Phone Number
STATE OF TEXAS
Certified as being.executed for the purpos
and effect of activating and/or carrying
out the orders, established policies, or
work programs heretofore approved and
authorized by the State highway and Public
Transportation Commission under the
authority of Minute Order 82513.
APPROVED:
BY
Gary K. Trietsch, P.E.
Traffic Operations Engineer
Date /—/7-00ip
RW ta.t33.3 (Rev. 6/88) page 3 of 3
l
FISP AUTHORIZATION:
STATEMENT OF WORK
Attachment I
This contract implements. Task A, PSP (89) 01-02- of the FY
89 Highway Safety Plan.
v• .: �VXW�-
The Save City Index for Driving While Intoxicated (DWI)
related accidents that appear in the annual Highway Safety
Plan ranks Texas cities with respect to the severity of the
problem. This Contractor is on that list with -an Index
Number of 51.83 • This contractor does not have -
commissioned police personnel resources sufficient to deter
DGTT violations by routine patrol of all identified high -
violation locations in their city. Additional overtime
effort, through STEP, will increase the public's perception
of risk of apprehension. This perceived risk is recognized
as effective countermeasure.
. III. OBJECTIVES:
1. To reduce the rate (%) of DWI involvement in fatal
and injury accidents by 10% by the end of the
contract period.
2. To increase the monthly average number of DWI's arrested
jurisdiction -wide by i_% when compared to the monthly
average for the previous 24 months.
IV. RESPONSIBILITIES OF THE CONTRACTOR:
A. Carry out the objectives according to the - -
milestone schedule in the approved Operations Plan
(Attachment 4) and in the Project Action Plan
(Attachment 5).
B.
Report to the Department, on approved forms, according
to the following:
1. A quarterly Project Performance Report describing
activities and accomplishments will be submitted
no later than the 28th of the month, following the
reporting period. This report will be on Form
18.308-1 and should% contain information from
Attachment 5`' (action plan) and performance indi-
cators listed in Section VII of this Attachment.
9
Page 1 of 3
t N
If ( requested in writing by the DepartmenV,'. this
__report will ttO. provided more frequently than
quarterly.
2. A Financial Status Report will be submitted no
' less -than quarterly by the 28th of the month,
following -the end of the quarter.
_3:.._..:.Requests for Advance or Reimbursement will be
submitted -no later than the 28th of the following
_ month.
4. A Final Report.- summarizing- all activities and
accomplishments will be submitted no later than 30
days._after.the contract -end date. _
-'-' 5. The - contractor- must "'complete an officers daily
report form that is approved by the state.
C. In addition to STEP enforcement activities, maintain
non -STEP traffic enforcement arrests jurisdiction -wide
at not less than the level attained prior to contract
approval.
D. Insure that 95$ of the hours planned for each month are
actually worked that month, and that 90% of the en-
forcement hours for which reimbursement is claimed are
spent at STEP sites as specified in the operational
plan.
E. Attend meetings according to the following:
1. The contractor will arrange for meetings with the
Department no less than quarterly to present
status of activities, discuss problems and present -
a schedule for the following quarter's work.
2. The project coordinator or other qualified person
will be available to represent the Contractor at
meetings requested by the Department.
V. RESPONSIBILITIES OF THE DEPARTMENT:
A. Monitor the Contractor's compliance with performance
obligations and fiscal requirements of this contract.
B, —Provide program management -,and technical assistance as
appropriate.
4
Page 2 of 3
C.
Perform an administrative evaluation of the project at
the -close of the contract period to. include a review of
adherence_ to budget and milestone schedule and
_
attainment of objectives.
D.
Reimburse the Contractor according to the following
cost categories up to the Reimbursement Limits on page
1 of Form File 18.133-1. -
Personal Services: —
1. Actual cost of wages --for STEP enforcement
employees except that the contractor will not be
reimbursed. for patrol duty wages _ earned by,
officers above the rank of Lieutenant.
2. Actual cost of wages for secretarial/clerical/ _
supervisory support, not to exceed 10% of the
total contract amount.
3. Actual costs for travel and per diem (not to
exceed state reimbursement rates) for attending
meetings called by the State.
Other Direct Costs:
1. Mileage, actual costs (not to exceed .21 cents per
mile).
VI. MILESTONES:
ACTION RESPONSIBLE COMPLETION
A.
Reimbursement Contractor no more than 28
_
request submitted days after re-
porting period
B.
Activity reports Contractor no more than 28
submitted days after rb-
porting period
C.
Progress Review Contractor & 60 days after
- Department contract imple-
mentation
D.
Progress Review Contractor & 150 days after
Department contract imple-
mentation
_-_ - - VIIv- PERFORMANCE INDICATORS:
A.
Total citations issued.
B.'
Enforcement hours worked.
C.
Enforcement hours at STEP sites.
D.
DWI arrests made at STEP sites.
E.
Maintenance of DWI arrest activity at STEP sites.
Page 3 of 3
ATTACHMENT 2
STATE DEPARTMENT OF -HIGHWAYS AND PUBLIC TRANSPORTATION
GENERAL PROVISIONS FOR TEXAS TRAFFIC
SAFETY PROGRAM CONTRACTS
I. DEFINITIONS:
A. Commission: The State Highway and Public Transportation Commission of
Texas.
B. Contract Manager: The representative of the Department immediately
responsible for liaison between the Department and the Contractor, and
for supervision and inspection of the work or activity conducted under
this contract and of the materials used.
C. Contractor: The State agency, political subdivision, corporation, firm
or individual entering into agreement within the State or the
Department under this contract, or any subcontractor of such an entity.
D. Department: The State Department of Highways and Public
Transportation.
E. Effective Date: Unless otherwise specified, the effective date of a
contract or contract modification is the date of signature of the last
party whose consent is necessary to the validity of the contract or
modification.
F. Engineer: The State Engineer -Director of the Department, or his
authorized representative.
G. Project Director: The representative of the Contractor immediately
responsible for liaison between the Department and the Contractor.
H. State: State of Texas.
I. Subcontract: Any agreement between the Contractor and a third party,
assigning to that third party any of the obligations for personal and
professional services undertaken by the Contractor under this contract.
The term excludes contracts for the purchase of goods only, or for
general employment, whether full-time, part-time or intermittent. The
third party subcontractor may be an individual or an organization,
including a corporation, a partnership, a proprietorship, a joint ven-
ture or a co -venture.
J. U.S. DOT: The United States Department of Transportation, acting
through either the Federal Highway Administration or the National
Highway Traffic Safety Administration, as may be appropriate.
(Revised 3184) 1 of 14
t
II. CHANGES:
A. Significant changes in the scope, character, or complexity of the work
may be enacted by Contract Change Notice (CCN), when necessary, if
there is mutual assent between the Contractor and the Department. Such
modification must be approved by both the Contractor and the Department
before costs may be incurred which will be eligible for reimbursement.
B. The Engineer may at any time, by written order, and without notice to
the sureties, if any, make changes, within the general scope of this
contract. He may not, however, unilaterally shorten the period allowed
for delivery of a product or completion of an activity, or increase a
specified quantity of goods or services.
If any such change causes an increase or decrease in the estimated cost
of, or the time required for the performance of any part of the work
under this contract, whether changed or not changed by any such order,
or otherwise affects any other provision of -this contract, an equitable
adjustment shall be made.
Any claim by the Contractor for adjustment under this clause must.be
asserted within thirty (30) days from the date of receipt by the
Contractor of the notification of change. Without prejudicing the
right to reject any claim asserted after this time, however, if the
Engineer decides that the facts justify such action, he may receive and
act upon any such claim asserted at any time prior to final payment
under this contract. Failure to agree to any adjustment shall be a
dispute concerning a question of fact within the meaning of the clause
of this contract entitled "Disputes." However, except as provided in
paragraph (C) below, nothing in this clause shall excuse the Contractor
from proceeding with the contract as changed.
C. Notwithstanding the provision of paragraphs (A) and (B) above, the
estimated cost of this contract shall not be increased or deemed to be
increased except by specific written modification of the contract indi-
cating the new contract estimated cost and the new amount allotted to
the contract. Until such modification is made, the Contractor shall
not be obligated to continue performance or incur costs beyond the
maximum cost amount established in this contract.
III. DISPUTES:
The Engineer will'act as referee in all questions arising between the par-
ties under the terms of this contract and his decision shall.be final and
binding.
(Revised 3/84) 2 of 14
IV. CONDITIONS FOR TERMINATION PRIOR:TO:COMPLETION:
If, through any cause other than acts of God or the public enemy, flood, or
quarantine restrictions, the Contractor should fail to fulfill in a timely
or proper manner the obligation of this agreement, the Department may ter-
minate this agreement by giving written notice to the Contractor at least
seven (7) days prior to the effective date of termination and specifying
the effective date of termination.
Either principal to this agreement may, at his convenience, terminate this
agreement by one.giving to the other, or each giving to the other, written
notice of such termination and specifying the effective date at least
thirty (30) days prior to the effective date of such termination so
specified.
Upon termination of this agreement, whether for cause or at the convenience
of one or both principals, all finished or unfinished documents, data, stu-
dies, surveys, reports, maps, drawings, models and photographs prepared by
the Contractor shall, at the option of the Department, become the property
of the Department. The Department shall reimburse the Contractor for those
eligible expenses incurred during the contract period which are directly
attributable to the completed portion of the services covered by this
agreement, and shall pay the Contractor a portion of any authorized fee
determined by dividing the actual eligible cost of the services actually
and satisfactorily performed by the estimated reimbursable cost of the
total services contracted for, and multiplying the authorized fee by the
rate thus computed.
V. EXCUSABLE DELAYS:
Except with respect to defaults of subcontractors, the Contractor shall not
be in default by reason of any failure in performance of this contract in
accordance.with its terms (including any failure by the Contractor to
progress in the performance of the work) if such failure arises out of
causes beyond the control and without the default or negligence of the
Contractor. Such causes may include, but are not restricted to, acts of
God or of the public enemy, acts of the Government in either its sovereign
or contractual capacity, fires, floods, epidemics, quarantine restrictions,
strikes, freight embargoes, and unusually severe weather. In every case,
however, the failure to perform must be beyond the control and without the
fault or negligence of the Contractor. If the failure to perform is caused
by the failure of a subcontractor to perform or make progress, and if such
failure arises out of causes beyond the control of the Contractor and sub-
contractor, and without the fault or negligence of either of them, the
Contractor shall not be deemed to be in default, unless (a) the supplies or
services to be furnished by the subcontractor were obtainable from other
sources, (b) the Engineer shall have ordered the Contractor in writing to
procure such supplies or services from other sources, and (c) the
Contractor shall have failed to comply reasonably with such order. Upon
request of the Contractor, the Engineer shall ascertain the facts and
extent of such failure and, if he shall determine that any failure to per-
form was occasioned by any one or more of the said causes, the delivery
schedule shall be revised accordingly.
(Revised 3/84) 3 of 14
VI. NON -COLLUSION:
The Contractor warrants that he has not employed or retained any company or
person, other than a bona fide employee working for the Contractor, to
solicit or secure this agreement, and that he has not paid or agreed to pay
any company or person, other than a bona fide employee, any fee, com-
mission, percentage, brokerage fee, gift, or any other consideration, con-
tingent upon or resulting from the award or making of this agreement. If
the Contractor breaches or violates this warranty, the Department shall
have the right to annul this agreement withoutliability, or, in its
discretion,`to deduct from the agreement price or consideration, or other-
wise recover the full amount of such fee, commission, brokerage fee, gift,
or contingent fee.
VII. CONTRACT PERIOD ESTABLISHED:
All work and services required under this contract shall be begun after its
effective date and completed no later than the termination date specified
on the Contract face page or a timely CCN.
VIII. COST PROVISIONS:
A. Only those costs allowable under applicable Federal cost principles are
eligible for reimbursement under this contract., Applicability of cost
principles is determined by the identity of the Contractor: If the
Contractor is an agency of state or local government, the applicable
cost principles are contained in Office of Management and Budget
Circular A-87, "Cost Principles Applicable to Grants and Contracts with
State and Local Governments." If the Contractor is a college, univer-
sity or other educational instructor, the applicable cost principles
are contained in OMB Circular A-21, "Cost Principles for Educational
Institutions." If the Contractor is a nonprofit organization
(excluding any organization to which the prior principles apply), the
applicable cost principles are contained in OMB Circular A-122, "Cost
Principles for Nonprofit Organizations." Those principles that apply
to this Contractor are incorporated as part of this agreement.
B. To be eligible for reimbursement under this contract, a cost must have
been incurred within the contract period, paid by the Contractor prior
to claiming reimbursement from the Department, and claimed by the
Contractor within 60 days of the end of the calendar quarter in which
it was paid, and in no case later than 60 days from the end of the
contract term. A cost is incurred when the Contractor's employee or
subcontractor performs the service required, or when goods are received
by the Contractor, notwithstanding the date of order or date of
payment.
IX. ` METHOD OF PAYMENT
One of the methods of payment and associated conditions below will apply to
this agreement:
(Revised 3/84) 4 of 14
A. LUMP SUM - The Contractor agrees to perform the work specified and to
accept as payment a fixed dollar amount.
B. COST PER UNIT OF WORK - The Contractor agrees to perform the work spe-
cified and to accept as payment a specified unit price for each unit of
work performed.
C. COST PLUS A FIXED FEE AMOUNT - The Contractor agrees to perform the
work specified and to accept as payment reimbursement for all valid
costs incurred in accordance with the terms of the contract plus a spe-
cified fixed fee.
D. SPECIFIC RATES OF COMPENSATION - The Contractor agrees to perform the
work previously stated and to accept payment according to a schedule of
payment rates specified in the contract.
E. COST - The Contractor agrees to perform the work previously stated and
to accept as payment a reimbursement for all eligible costs incurred
and paid in accordance with the terms of the contract.
X. TERMS AND CONDITIONS OF PAYMENT:
A. Unless otherwise specified in the Special Provisions, the Contractor
agrees to bill the Department at quarterly intervals only, using the
forms and format specified.
B. The Contractor agrees to submit no bill for work performed or material
delivered unless such bill is accompanied by a report which complies
with the requirements of this contract.
C. The Department's obligation to reimburse the Contractor is contingent
upon the U.S. DOT's making available sufficient Federal funds to meet
that reimbursement obligation, and the Contractor's costs being eli-
gible for reimbursement under both this contract and applicable Federal
regulations. If the term of this contract transends the State's fiscal
biennium, the Department's obligation to reimburse is also contingent
upon appropriation of funds by the State.
XI. INSPECTION:
The Department and, when Federal funds are involved, U.S. DOT and any
authorized representative of the Federal government, have the right, at all
reasonable times, to inspect, or otherwise evaluate the work performed or
being performed hereunder and the premises in which it is being performed.
If any inspection or evaluation is made on the premises of the Contractor
or a subcontractor, the Contractor shall provide and shall require his sub-
contractor to provide all reasonable facilities and assistance for the
safety and convenience of the inspectors in the performance of their
duties. All inspections and evaluations shall be performed in such a
manner as will not unduly delay the work.
(Revised 3/84) 5 of 14
E
XII. PROPERTY ACCOUNTABILITY:
A. The Contractor shall not purchase under this contract, any item of pro-
perty with an original cost of $250.00 or more unless specifically
authorized to do so in writing.
B. The Contractor shall establish and administer a system to control, pro-
tect, preserve, use, and maintain and dispose of any property furnished
it by the Department or purchased pursuant to this agreement in accor-
dance with its own property management procedures, this Department's
policies governing the Texas Traffic Safety Program, and when appli-
cable, Federal Property Management Standards as set forth in Attachment
N to OMB Circular A-102, "Uniform Requirements for Assistance to State
and Local Governments." This obligation continues as long as the pro-
perty is retained by the Contractor, notwithstanding the expiration of
this contract.
C. Title to property purchased by the Contractor for use under the
contract is in the Contractor, unless this Department or the Federal
government has, in authorizing purchase of a specific item, reserved
the right to take title.
D. The Contractor must replace any property for the cost of which it
claims reimbursement if that property is necessary to full operation of
the project covered by this contract and is no longer available through
loss, theft, accident or circumstance other than normal wear. The
Contractor may provide for replacement through private insurance, self-
insurance, or any other method, at its option.
E. When the Contractor no longer needs property purchased pursuant to this
agreement in the project or program supported by this agreement, it may
use that property in its other activities or dispose of it in accor-
dance with its property management procedures and, when applicable,
Federal property management standards. Under certain circumstances set
forth in those standards, the Contractor is required to refund monies
to the Federal government upon either certain uses of, of the disposi-
tion of, certain property. Any such refund must be made through the
Department.
XIII. RETENTION:
A. The Contractor agrees to maintain books, records, documents, and other
evidence pertaining to the costs and expenses .of this contract
(hereinafter collectively called the "records") to the extent and in
such detail as is required by OMB Circular A--102. These requirements
are hereby made a part of this contract. The records will properly
reflect all net costs, direct and indirect, of labor, materials, equip-
ment, supplies and 'services, and other costs and expenses of whatever
nature for which reimbursement is claimed: under the provisions of this
contract.
(Revised 3/84) 6 of 14
B. The Contractor agrees to mage available at the office of the Contractor
at all reasonable times during the contract period, and for the period
• set forth in paragraph C below, any of the records for inspection,
audit, or reproduction by the Department, U.S. DOT, and any authorized
representative of the Federal government.
C. If this contract is completely or partially terminated, the records
relating to the work terminated shall be preserved and made available
for a period of three years from the date of any resulting final
settlement.
D. Records which related to (1) any question under the "Disputes" clause
of this contract, (2) litigation of any claim arising out of the per-
formance of this contract, or (3) any cost or expenses of this contract
as to which exception has been taken on audit, shall be retained by the
Contractor until such appeal, litigation, or exception has been finally
resolved or adjudged.
E. The Contractor further agrees to include in each of his subcontracts in
excess of $10,000.00 in total value, a provision to the effect that
the subcontractor agrees that the Department, U.S. DOT, and any
authorized representative of the Federal government shall, until the
expiration of three years after final payment under the subcontract,
have access to and the right to examine any directly pertinent books,
documents, papers, and records.
XIV. OWNERSHIP OF DATA AND CREATIVE MATERIAL:
All data and materials created or collected under the terms of the
agreement shall become the property of the Department and copies of such
data and material shall be furnished to the Department on request.
XV. REPORTS:
A. Before publication or printing, the final draft of any report required
under the contract schedule shall be submitted to the Department for
review and concurrence. Review and approval by the U.S. DOT will be
coordinated by the Department prior to returning comments or approvals
to the Contractor. All recorded information which is produced in the
performance of this agreement shall be the sole property of the
Department. Reports or other such information are material in the
public domain, and shall not be copyrighted or restricted as to distri-
bution and reproduction. The Contractor shall furnish the Department
with the quantity of copies of the report specified in the contract.
B. Each report covered by paragraph A must include the following state-
ments on the cover page:
(Revised 3/84) 7 of 14
1. State projects: "This report was prepared'in cooperation with the
State Department of Highways and Public Transportation." For
Federally funded projects, add to the above quote either:" ... and
the National Highway Traffic Safety Administration of the U.S.
Department of Transportation," or "...and the Federal Highway
Administration of the U.S. Department of Transportation," as may be
appropriate.
2. "The conclusions and opinions expressed in this document are those
of the author, and do not necessarily represent those of the State
of Texas, the State Department of Highways and Public
Transportation or any political subdivision of the State or Federal
government."
XVI. EQUAL OPPORTUNITY:
A. Compliance with Regulations: The Contractor shall comply with the
Regulations relative to nondiscrimination in Federally -assisted
programs of U.S. DOT, Title 49, Code of Federal Regulations, Part 21
and Title 23, Code of Federal Regulations, Part 710.405(b), 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.
B. Nondiscrimination: The Contractor, with regard to the work performed
by it during the contract, shall not discriminate on the grounds of
race, color, sex, or origin in the selection and retention of sub-
contractors, including procurements of materials and leases of equip-
ment. The Contractor 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.
C. Solicitation for Subcontracts, Including Procurements of Materials and
Equipment: In all solicitation either by competitive bidding or nego-
tiation made by the Contractor for work to be performed under a sub-
contract, including procurements of materials or leases of equipment,
each potential subcontractor or supplier shall be notified by the
Contractor of the Contractor's obligations under this contract and the
Regulations relative to nondiscrimination on the grounds of race,
color, sex, or national origin.
D. Information and Reports: The Contractor shall provide all information
and reports required by the Regulations or in directives issued pur-
suant thereto, and shall permit access to its books, records, accounts,
other sources of information, and its facilities as may be determined
by the Department or by U.S. DOT to be pertinent to ascertain
compliance with such Regulations or directives. Where any information
required of a Contractor is in the exclusive possession of another who
fails or refuses to furnish this information, the Contractor shall so
certify to the Department or the U.S. DOT, as appropriate, and shall
set forth what efforts it has made to obtain the information.
(Revised 3/84) 8 of 14
E. Sanctions for Noncompliance In_the,event of the Contractor's non-
compliance with the nondiscrimination provisions of this contract, the
Department shall impose such contract sanctions as it or U.S. DOT may
determine to be appropriate, including, but not limited to:
1. withholding of payments to the Contractor under the contract until
the Contractor complies; and,
2. cancellation, termination, or suspension of the contract in whole
or in part.
F. Incorporation of Provisions: The Contractor shall include the provi-
sions of paragraphs A) through (F) in every subcontract, including
procurements of materials and leases of equipment, unless exempt by the
Regulations, or by directives issued pursuant thereto. The Contractor
shall take such action with respect to any subcontract or procurement
as the Department or U.S. DOT may direct as a means of enforcing such
provisions, including sanctions for noncompliance; provided, however,
that in the event a Contractor becomes involved in or is threatened
with litigation with a subcontractor or supplier as a result of such
direction, the Contractor may request the Department to enter into such
litigation to protect the interests of the State; and, in addition, the
Contractor may request the United States to enter into such litigation
to protect the interests of the United States.
XVII. OVERTIME COMPENSATION:
This contract, to the extent that it is of a character specified in the
Contract Work Hours Standards Act (40 U.S.C. 327-300), is subject to the
following provisions and to all other applicable provisions and exceptions
of such Act and the regulations of the Secretary of Labor thereunder.
A. Overtime Requirements - No contractor or subcontractor contracting for
- any part of the contract work which may require or involve the
employment of laborers or mechanics shall require or permit any laborer
or mechanic in any workweek in which he is employed on such work to
work in excess of eight hours in any calendar day or in excess of forty
hours in such workweek on work subject to the provisions of the
Contract Work Hours Standards Act unless such laborer or mechanic
receives compensation at a rate not less than one and one-half times
the normal hourly rate for each hour of work in excess of eight hours in
any calendar day, or in excess of forty hours in such workweek,
whichever is the greater number of overtime hours.
B. Records - The Contractor shall maintain payroll records containing the
.information necessary to show compliance with the above requirements
for the period specified in General Provision XIII: Retention.
.XVIII. CONVICT LABOR:
In connection with the performance of work under this contract, the
Contractor agrees not to employ any person serving a sentence of imprison-
ment at hard labor.
(Revised 3/64) 9 of 14
XIX. SUBCONTRACTING:
A. The Contractor shall not subcontract or sublet any portion of this
contract without the prior approval, in writing, of the Engineer.
B. The U.S. DOT may require that it approve any subcontract for personal
or professional services prior to execution and initiation of work
under it. This review may take up to thirty (30) days and shall con-
sider, in part, the following matters:
1. Determination of the subcontractor's qualifications including resi-
dent manpower and ability to complete the work within the time
allotted;
2.Manner of selection from those qualified to perform the service;
3. Necessity for subcontracting; and
4. Review of the subcontract, to ensure that (a) minimum terms of the
prime contract have been incorporated into the subcontract, and (b)
the Contractor's price breakdown includes costs (if any) for per-
sonal services, subcontract, commodities, other direct costs,
indirect costs, and profit.
C. Pre -award audit is required when subcontracts exceed $25,000.00 in
total value.
D. No subcontract will relieve the Contractor of his responsibility under
this contract.
XX. UTILIZATION OF SMALL BUSINESS CONCERNS:
A. It is the policy of the United States Government as declared by the
Congress that a fair proportion of the purchases and contracts for
supplies and services for the government be placed with small business
concerns.
B. The Contractor agrees to accomplish the maximum amount of subcontracting
to small business concerns that the Contractor finds to be consistent
with the efficient performance of this contract.
XXI. ORDER OF PRECEDENCE:
In the event of an inconsistency between provisions of this contract, the
inconsistency shall be resolved by giving precedence in the following
orders
A. Texas Traffic Safety Program Contract Form, File 18.133
B. Statement of Work
(Revised 3/84) 10 of 14
C. Special Provisions
D. General Provisions
XXII. ASSIGNMENT AND TRANSFER:
The Contractor shall not assign, sell, transfer or otherwise dispose of this
contract or any portion of it, or his rights, title or interest in it,
without the approval of the Commission. Each party binds himself and his
partners, successors, administrators and executors.
XXIII. CANCELLATION:
The Department may cancel this contract if the Contractor violates any of
the laws of the United States of America or the State of Texas. In such
event, the Contractor shall be reimbursed only for those costs incurred
prior to the contract's cancellation, computed as set forth in General
Provision IV: Conditions for Termination Prior to Completion.
XXIV. CONTRACTOR'S LIABILITY:
The Contractor shall be liable for any loss of, or injury to, any material
acquired, provided, developed or serviced under this contract which is
caused by the Contractor's failure to exercise such care in regard to said
material as a reasonably careful owner of similar materials would exercise.
XXV. HOLD HARMLESS:
(Does Not Apply If Contractor Is A State Agency.) The Contractor is an
independent Contractor and not an agent, servant, or employee•of the State.
The Contractor shall hold the State and its representatives harmless from
all suits, actions or claims of any kind brought on account of any person
or property in consequence of any neglect in safeguarding the work, or of
any act or omission by the Contractor or its employees, or from any claims
or amounts arising or recovered under Workmen's Compensation Laws or any
other law, bylaw, ordinance, regulation, order, or decree. The Contractor
shall be responsible for all damage to property and personal injury of any
kind resulting from any act, omission, neglect, or misconduct of any
employee or agent of the Contractor in the manner or method of performing
the work for the period of the contract.
XXVI. TAX AND COMPENSATION LIABILITY:
Nothing herein contained shall be construed as incurring for the Department
or the State any liability for Workmen's Compensation, F.I.C.A.,
Withholding Tax, Unemployment Compensation, or any other payment which
would be required to be paid by the Department of the State if the
Department and the Contractor were standing in an employer-employee rela-
tionship, and the Contractor hereby agrees to assume and pay all such
liabilities.
(Revised 3/84) 11 of 14
XXVII. REIMBURSEMENT OF ELIGIBLE EXPENDITURES:
A. Upon written application by the Contractor and approval by the
Department, the Department shall obligate funds for reimbursement of
eligible expenditures as set forth in the application.
°B. The Contractor shall refund to the Department any funds the Contractor
claims and receives from the Department for the reimbursement of costs
which are determined by a State or Federal audit to be ineligible for
reimbursement.
C. The Department shall have the right to withhold all or part of any
future payments to the Contractor to offset any reimbursement made to
the Contractor for any ineligible expenditures and not refunded to the
Department by the Contractor.
XXVIII. APPLICATION OF THE HATCH ACT:
It is mutually agreed and promised that the Contractor shall notify every
employee of the Contractor whose principal employment is in connection with
any traffic safety project financed in whole or in part under the Highway
Safety Act of 1966, of the provisions of the Hatch Act, 18 U.S.C. Section
595.
XXIX. STANDARDS FOR CONTRACTOR FINANCIAL MANAGEMENT SYSTEMS:
Contractor financial management systems shall meet or exceed the require-
ments of OMB Circular A-102. Those requirements include, among others:
A. Accurate, current, and complete disclosure of the financial results of
each grant program in accordance with Departmental reporting
requirements;
B. Records which identify adequately the source and application of funds
for grant -supported activities. These records shall contain information
pertaining to grant awards and authorization, obligations, commitments,
assets, liabilities,outlays, and income;
C. Effective control over and accountability for all funds, property, and
other assets. The Contractor shall adequately safeguard all such
assets and shall assure that they are used solely for authorized
purposes;
D. Comparison of actual with budgeted amounts for each contract, and rela-
tion of financial information to performance or productivity data,
including the production of unit cost information whenever appropriate
and required by the grantor agency;
E. Procedures for determining the eligibility for reimbursement and
proper' allocation of costs;
F. Accounting records which are supported by source documentation;
(Revised 5/88) 12 of 14
G. Audits to be made by.the Contractor or at its direction to determine,
at a minimum, the fiscal integrity of�financial transactions and
reports, and the compliance with laws, regulations, and administrative
requirements. The Contractor will schedule such audits with reasonable
frequency, usually annually, but not less frequently than once every
two years, considering the nature, size and complexity of the activity;
and
H. A systematic method to assure timely and appropriate resolution of audit
findings and recommendations.
XXX. PROCUREMENT PROCEDURES:
A. All procurement transactions for supplies, equipment or services,
whether negotiated or advertised and without regard to dollar value,
shall be conducted to provide maximum open and free competition con-
sistent with efficient and economical program management in accordance
with applicable State and Federal laws and regulations. The Contractor
should be alert to organizational conflicts of interest or noncom-
petitive practices among providers which may restrict or eliminate com-
petition or otherwise restrain trade.
B. The Contractor shall use its own procurement procedures which reflect
applicable State and local laws and regulations, provided that those
procedures conform, as a minimum, to the requirements of OMB Circular
A-102, Attachment 0.
C. The Contractor shall provide the Department with a copy of its proce-
dures for any procurements authorized under this contract which will
exceed $250.00 in value. The Department will review those procedures
to determine that the Contractor's procurement system meets applicable
criteria. No costs associated with such procurements made by the
Contractor prior to the Department's determination of compliance are
eligible for reimbursement.
D. Proposed procurement actions in excess of $250.00 must be reviewed and
approved in writing by the Department prior to accomplishment of the
procurement to avoid the purchase of unnecessary or duplicative items.
No costs associated with such procurements made by the Contractor
without the Department's written approval are eligible for reimburse-
ment. Inclusion in a contract executed by the Department is considered
approval in writing.
E. Contractors shall maintain records sufficient to detail the significant
history of a procurement, and shall provide the Department with a copy
of those records. The record shall include, at a minimum, information
documenting the Contractor's rationale for the method of procurement,
the selection of contract type, the selection or rejection of provider
applicants, and the basis for the cost or price. The Contractor shall
maintain these records as required by General Provision XIII:
Retention.
(Revised 3/84) 13 of 14
XXXI. MINORITY BUSINESS ENTERPRISE:
It is the policy of the Department of Transportation that Minority Business
Enterprises as defined in 49 CFR Part 23, Subpart A, shall have the maximum
opportunity to participate in the performance of contracts financed in whole
or in part with Federal funds. Consequently, the Minority Business
Enterprise requirements of 49 CFR Part 23, exclusive of Subpart D, apply to
this contract as follows:
The contractor agrees to insure that Minority Business Enterprises as
defined in 49 CFR Part 23, Subpart A, have the maximum opportunity to par-
ticipate in the performance of contracts and subcontracts financed in whole
or in part with Federal funds. In this regard, the Contractor shall take
all necessary and reasonable steps in accordance with 49 CFR Part 23, exclu-
sive of.Subpart D, to insure that Minority Business Enterprises have the
maximum opportunity to'compete for and perform contracts.
The Contractor and any Subcontractor shall not discriminate on the basis of
race, color, national origin or sex in the award and performance of
contracts funded in whole or in part with Federal funds.
These requirements shall be physically included in any subcontract.
Failure to carry out the requirements set forth above shall constitute a
breach of contract and,'after the notification of the Department, may result
in termination of the contract by the State or other such remedy as the
State deems appropriate.
(Revised 3/84) 14 of 14
Attachment 3
¢PECIALLPROVISIONS
1. State Department of Highways and Public Transportation
Commission policy-.- mandates #mat employees of the Department
shall not accept any benefits, gifts or favors from any
person doing business or who reasonably speaking may do
business with.the State under.this•contract.
The only exceptions allowed••are-ordinary business lunches
and -.items that. have received the advanced written approval
of .the State Department of Highways and Public
Transportation Engineer -Director.
Any person doing business with or who may -reasonably
speaking do business with the State under this contract may
not make any offer of benefits, gifts or -favors to
Departmental employees, except as mentioned hereabove.
Failure on the part of the contractor to adhere to this
policy may result in the termination of this contract.
2. The maximum amount payable under this contract is contingent
upon the availability of appropriated funds. 4
3. The Grantee shall comply with the requirements of the Single
Audit Act of 1984, P.L. 98-502, ensuring that the single
audit report includes the coverage stipulated in paragraphs
61 8, and 9 of OMB Circular No. A-128.
4. For out of state travel expenses to be reimbursable, the -
Contractor must have obtained the approval of the Department
prior to the beginning of the trip. A copy' -of the
documentation of 'that approval must accompany the request
for reimbursement.
5. Due to the limited Federal 402 funds airallable at this time,
the maximum amount eligible for reimbursement under this ,/�
contract is 15,000 dollars. When additional funds become A4
available, a Contract Change Notice will be executed to add
the additional funds proposed in the budget.
7
STEP OPERATIONAL PLAN ATTACHMENT 4
City of: Lubbock.
PRIN,ARY SITL•S
STEP
MILES
TIIX(S)
DAY(S)
NO. OF
SITE
07
OF
OF
MA -ti
NUMBER
SITE DESCRIPTION
kOADWAY
DAY
WEEK
HRS. PER/.%T..
Quirt Ave.
11:00 PM
Thursclayi
1
FM 2641 . to Slaton JkL
7.5-
04:00 AM
Friday
Saturday
2'
Ave A.
2
Loop 269 to S. City Limits
7.0
2
4th St.
«
«
3
Loop 289 to. Indiana
6.0
2
4th St.
«
4
Indiana to W. City Limits
7.0
2
Ave Q.
«
«
1-27 to Traffic Circle''
.�
5
5.0
2
19th St.
«
«
6
E. Loop 289 to Quaker
7.0
2
19th St.
«
«
7
W. City Limits to Quaker
7.0
` 2
Clovis Rd.
«
«
$NW
City Limits to Ave Q.
3.5
2
S.E. Drive
«
«
9
in to S.E. City Limits
4.0
2
34th St.
«
10
iiwaukee to Indiana
4.0
2
page 1 of 2
STEP OPERATIONAL PLAN
City of: _ Lubbock.
PRIMARY SITES
ATTACHMENT 4
STEP
MILES
TIME(S)
DAYS)
NO. OF
SITE
OF
OF
KAIN
NUMBER
SITE DESCRIPTION
ROADWAY
DAY
:.'EEK
HRS. PER/14'K.
34th St.
11:00 PM
Thursday
i
11
Indiana to Quart ""-
4.0
04:00 AM
Friday
Saturday
'�• '
.. 2
50th St. '-
e
12
E. Loop 289 to University-
5.0
"" 2
50th St..
''
R
13
Dft4ersity to'W.'-. Loop 289
4.0
2
Slide Rd.
■
«
14
4th St. to 82nd St.
5.0
- 2
• Slaton Rd.
,,
M
15
Traffic Circle to SE City Liml.ts
4.5 #
2
Brownfield Rd.
M
16
th St. to S.W. City Limits
5.5
2
University Ave.
17
N. Loop 289 to 82nd St.
7.0
2
82nd St.
N
N
1$
ru in Ave tLo�Frankgford
6.5
2
rownfield of to N Ash
9'0
. Ash to S, Quirt
.
9.0
~
e
19
Quirt to Brownfield Rd.
8.0
-
2
Idaloo-Rd.
20
ku irt to N.E. City Limits
3.0
2
page 2 Of 2
__.. _-._,_...... ATTACHMENT 4A
STEP OPERATIONAL PLAN
EDUCATTON-COMPONENT_"_._. ---- - .M._..
CONTRACTOR - City of Lubbock
-Estimated How
Number Often
As Needed I
1. Officer-PI&E hours -worked: �• --- - � -- - ---_ • .45 hrs. •
2. Newspaper- contacts
a. News Releases 15 hrs. As Needed
b. PSAs
3. TV Station contacts:
a. News Releases
b. PSAs
4. Radio Station contacts:
a.•- News Releases
b. PSAs
5. Speaking engagements:
4 hrs. I As Needed -
6-10 hrs. I As Requested
Additional PI&E activities (quantify where possible):
STEP.OP/JP
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a
STEP ESTIMATED BUDGET
(Not a partf the contract)
k
i
CITY OF LUBBOCK
Contractor _
I. Personal Services:, — A. Enforcement (Overtii-me)
1. Patrol Officers: .844 hours @ 18.60 per hour= $"15,698.40
2. Cczporals : 844 hours @ 20.31 per hour= $ 17 ,141.64
3. Breath Test Operator: 546 hours @ 22.19 per hour= $ 12 ,115.74
B. *Staff/Supervisory Support
**1.- Keypunch Operator: hours @ per hour= $
2. Clerk Typist: 78 hours @ 8.66 per hour= $ 675.48
**3. Project Director: 117 hours @ 22.19 per hour= $ 2,596.23
C. Travel & Per Diem (State Rate) `
1. Travel for two people.to attend two meetings called by D-18STO
$ 600.00
II. Other Direct Costs:
*A. Mileage (not to exceed
state rate)
TOTAL CONTRACT COST:
18,750.miles @ .21d, per mile = S 3,937.50
$ 52,764.99
*These combined costs may not exceed 10% of the total contract amount.
**Only cost allowable under TRASER STEP.
Y
,ontractor Cerfiflem..)n
(Negotiated Contracts)
being (1)
duly sworn or under penaltyof perjury under the laws of the United States,
certifies that, except as noted below, citx of L U b len e k or (2)
any person associated therewith in the capacity of owner, partner, director,
officer, principal investigator, project director, manager, auditor, or any
position involving the administration of federal funds:
a is not currently under suspension, debarment, voluntary exclusion, or
determination of ineligibility by any federal agency;
® has not been suspended, debarred, voluntarily excluded or determined
ineligible by any federal agency within the past three years;
• does not have a proposed debarment pending; and
o has not been indicted, convicted, or had a civil judgment rendered
against it by a court of competent jurisdiction in any matter involving
fraud or official misconduct within the past three years.
Exceptions will not necessarily result in denial of award, but will be considered
in determining bidder responsibility. For any exception noted, indicate below
to whom it applies, initiating agency, and dates of action. Providing false
information may result in criminal prosecution or administrative sanctions.
Exceptions:
Signature of certifying offidal
M- E. 11 I
Date
-See Reverse for Instructions.
Form 1734
6-88
(3)
(4)
RECENED
JANI 17 19El9
D-18 SAFETY AND
TRAFFIC OPSRATfO1S
COMMISSION STATE DEPARTMENT OF HIGHWAYS ENGINEER -DIRECTOR
ROBERT H. DEDMAN, CHAIRMAN AND PUBLIC TRANSPORTATION R. E. STOTZER, JR.
JOHN R. BUTLER, JR.
RAY STOKER, JR. P. 0. Box 771
Lubbock, Texas 79408-0771
Januuary 25, 1989
IN REPLY REFER TO
Subject: Traffic Safety Program Contracts
Mr. Larry J. Cunningham
City Manager
P. 0. Box 771
Lubbock, Texas 79457-2000
Attention: Capt. Billy Knox
Dear Sir:
Enclosed please find your copies of the three executed contracts
for our file and information.
If this office can be of further assistance, please advise.
Sincerely,
Kenneth R. Sylve er
District Contract Managerr
District Five
KRS:jss
Encls.
I
DGV:]s
?:• a tw,►
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
THAT the City Manager of the City of Lubbock BE and is hereby
authorized and directed to execute for and on behalf of the City of
Lubbock a grant application filed by the City of Lubbock to allow the
Lubbock Police Department to establish a program to enhance the
enforcement of the 55 National Maximum Speed Limit, attached herewith,
which shall be spread upon the minutes of the Council and as spread
upon the minutes of this Council shall constitute and be a part of this
Resolution as if fully copied herein in detail.
Passed by the City Council this 12th day of January 1988.
ATTEST:, , , , ;
-Rand,tte Boyd, City Secretary
APPROVED AS TO CONTENT:
�,OZz 11�i
Thcmas J. Nichols, Chief of Police
APPROVED AS TO FORM:
Donald G. Vandiver, First Assistant
City Attorney
c '
. C. MCMINN, MAYOR
Rt11M
4fv ;#&
TEXAS TRPAIC SAFETY PROGRAM COh i1�ACT
GTATEWARTMENT OF NGHWAYS AND MUC TRANSPORTATION
TRAFFIC SAFETY SECTION
. AUSTIN, TEXAS 78701 17560005906000
..589xxF6054
3 1 5 NATION on (89)01 -01 -Bl -BN
PROJECT NAME
RATIONAL MAXIMUM SPEED LIMIT ENFORCEMENT
CONTRACTOR: Cit of LubboZZFc
BRIEF DESCRIPTION OF PROJECT (FOR DETAILS. SEE STATEMENT OF WORK)
•
.The contractor will detect and apprehend 55 Natioaal Maximum Speed
.Limit offenders. -- —
. i
GOALS T o obtain compliance with the
METHOD OF EV WATION (FOR DETAILS. SEE STATEMENT OF WORK)
National Maximum Speed Limitat STE
Administrative and Impact
r es
COST CATEGORY
AMOUNT
PROPOSED PROJECT PERIOD
TAis Contract
Future Ywra
Teta) Pwject
PERSONAL SERVICES ............
54,154.53
FROM 01-01-89
CONTRACTSERVICES ............
To 9-30-89
COMMODITIES ...................
OTHER DIRECT COST .............
5,845.35
CONTRACT PERIOD
ENDS
INDIRECT COST ..................
PROFR_
.........................
9-30-89 -
TOTAL
59,999.88
-
-
TYPE OF REIMBURSEMENT
SOURCES OF FUNDS
AMOUNT
REIMBURSEMENT LIMITS
E WMP SUM
1• MAXIMUM AMOUNT ELIGIBLE FOR .
FEDERAL ..(4O 2.i..
59, 999.88
REIMBURSEMENT S59., 999 _ RR
COST PER UNIT OF WORK
GTSF ...............
Z NO COSTCATEGORY MAY 6E EXCEEDED
BY MORE THAN 5% OF THE CON-
COST PWS FUCED FEE
TRACT TOTAL BUDGET
D SPECIFIC RATES
34 ONLY THOSE COSTS INCURRED DURING
THE CONTRACT PERIOD SHALL BE
ELIGIBLE FOR REIMBURSEMENT.
0ACTUAL COST d
LOCAL ..............
-
THE CONTRACTOR MUST BEAR ALL COSTS
NOT ELIGIBLE FOR REIMBURSEMENT.
FOR DETAILS,• SEE STATEMENT OF WORK
TOTAL
59,099.88
• THIS CONTRACT INCLUDES .S. ATTACHMENTS:
1. STATEMENT OF WORK 4. operations plan
5• Action Plan
2. GENERAL PROVISIONS
3. SPECIAL PROVISIONS
9 FEDERAL AND STATE REGULATIONS AND GUIDELINES SHALL BE THE BASIS FOR DETERMINING ELIGIBILITY OF COSTS
File 18.133-1 (row. 3&4) page 1 of 3
(Replaces TSS Form A3.0)
w
TEXAS TP kFFIC SAFETY PROGRAM CONTPJT
REPRESENTATIONS, CERTIFiCATfONS, AND ACKNOWLEDGMENTS
1. EQUAL OPPORTUNITY: (check appropriate boxes) _. .
r ®The Contractor represents that it s t participated in -a previous contract or
subcontract subject either to the Equal Opportunity Clause herein, the clause originally contained In
Section 301 of Exagutive Order -T.0925. or the clause contained )n Section 201 of Executive Order No.'
11114; that it has •W all required compliance reports; and that representations
tJ has not
indicating submission of required compliance reports, signed by proposed subcontractors, will be ob-
tained prioFto subcontract swsrd.
It. AFFIRMATIVE ACTION PROGRAM: Icheck appropriate box)
The Contractor represents that It: -
® has developed and has on file at oath estabtishmentaftmative action programs as required by the
rules and regulations of the Secretary of Labor, 141 CFR 80.1 and 80-2). -
has not developed or does not have on file at each establishment offirmtive action programs as re-
quired by the rules and regulations of the Secretary of Labor (41 CFR 60-1 and 60-2).
has not previously had contracts subject to the written affirmative action program requirements of
the rules and regulations of the Secretary of Labor.
Ill. CERTIFICATION OF NONSEGREGATED FACILITIES:
The Contractor certifies that it does not maintain or provide for employee's facilities which are
segregated on the basis of race, color, religion. sex or national origin, whether such facilities are -
segregated by directive or on a de facto basis. The offeror further agrees that he will not maintain such
segregated facilities. - _ - --
IV. CLEAN AIR ACT COMPLIANCE:
For all contracts In excess of $100.000, the recipient agrees to comply with all applicable standards,
- orders, or regulations issued pursuant to the Clean Air Act of 1970. Violations shall be reported to the
Department and the Regional Office of the Environmental Protection Agency.
V. PRINCIPAL PLACE OF PERFORMANCE:
1 he Jocation-jai the -Contractor's ptant. or pl jcs of business where the items) will be produced or the
principal services will be performed under the contract is:
CITY Lubbock COUNTY Lubbock STATE Texas
VI. ASSURANCE:
The Contractor hereby assures compliance with all terns, conditions and general and special provi-
cions for this contract, including attachments.
ice. 16.133-2 page 2 of 3
U
The Contractor is hereby authorized to perform work on this project during the contract period, subject to the
terms and conditions of this contract and all applicable state and federal laws and regulations.
BY: /
lgnature of Perso uthorized Date
to Commit Contractor
City Manager
Title
City of Lubbock
Contractor
Contractor Mailing Address:
P. O. Box 2000
Street or P.O. Box
Lubbock, Texas 79457
City, State, Zip Code
( 806 ) 762-6411
Area Code Phone Number
Re 16.133-3 (Rev. 6/88)
STATE OF TEXAS
Certified as being.executed for the purpos
and effect of activating and/or carrying
out the orders, established policies, or
work programs heretofore approved and
authorized by the State Highway and Public
Transportation Commission under the
authority of Minute Order 82513.
APPROVED:
BY -Ya'e--t 25�c��
Gary K. Trietsch, P.E.
Traffic Operations Engineer
Date /—/ 74 F
page 3 of 3
. 1 �
Attachment I
STATEMENT OF WORK
I. HSP AUTHORIZATION:
This contract implements Task B, Sub -Task 2 PSP (89) 01 -01 -
of the FY 89 Highway Safety Plan.
'II. PROBLEM STATEMENT:
The Contractor -has submitted a list of roadways to be tested
for degrees of noncompliance with NMSL. The roadways listed
in Attachment 4 were found to have substantial- degrees of
noncompliance.
III. OBJECTIVES: _
1. To achieve compliance with 55 NMSL at STEP sites by the
end of the contract period. (*'Compliance" will be
measured under DOT 23 CFR, Part 659.)
IV. RESPONSIBILITIES OF THE CONTRACTOR:
A. Carry out the objectives according to the
milestone schedule in the approved Operations Plan
(Attachment 4) and in the Project Action Plan
(Attachment 5).
B. Report to the Department, on approved forms, according
to the following:
2.
A quarterly Project Performance Report
describing activities and accomplishments will b -e_
submitted no later than the 28th of the month, ,
following the reporting period. .This repprt will--
be on Form 18.308-1 and should contain information
from Attachment 5 (action plan) and performance
indicators listed in Section VII of this
Attachment.
If requested in writing by the Department, this
report will be provided more frequently than
quarterly.
A Financial Status Report will be submitted no
less than quarterly by -.the 28th of the month,
following the end of the quarter.
3. Requests for Advance or Reimbursement will be
submitted no later than the 28th of the following
month.
Page 1 of 3
4. ---A Final Report -summarizing all activities and -
accomplishments will be submitted no later than 30
_ days after the contract end date.
- 5. The contractor -must complete an officers daily
report -form -that is approved by the state.
C. In addition to STEP enforcement activities, maintain
_non_ -STEP traffic enforcement arrests jurisdiction -wide
at not less than the level attained prior to contract
approval.
D. Insure that 95% of the hours planned for -each month are
worked that month, and that 90% of the
�. enforcement hours for which reimbursement is claimed
_ are spent at STEP sites as specified in the operational
plan.
E. Attend.meetings according to the following:
1. The contractor will arrange for meetings with the
Department no less than quarterly to present
status of activities, discuss problems and present
a schedule for the following quarter's work.
2. The project coordinator or other qualified person
will be available to represent the Contractor at
- meetings requested by the Department.
F. Cooperate with the Texas Transportation Institute in
the selection of enforcement sites and the development
of an operations plan.
V. RESPONSIBILITIES OF THE DEPARTMENT:
A. Monitor the Contractor's compliance with performance
obligations and fiscal requirements of this contract.
B. Provide program management and technical assistance as
appropriate. -
C. Perform an administrative evaluation of. the project at
the close of the contract period to include a review of
adherence to budget and milestone schedule and
attainment of objectives.
D. Reimburse the Contractor according to the following
cost categories up to the Reimbursement Limits on Page
1 of Form File 18.131-1.
Page 2 of 3
Personal Services:
_ .1. Actual cost gf wages for STEP enforcement
employees except that the contractor will not be
reimbursed for patrol duty wages earned by
officers above the rank of Lieutenant.
2. A c t u a l c o s t o f w a g e s f o r
secretarial/clerical/supervisory support, not to
--
exceed -10% of the -total contract amount.
3. Actual costs for travel and per diem '(not to
exceed state reimbursement rates) for attending
meetings called by the State. _
Other Direct Costs: -
1. Mileage, actual costs (not to exceed 21 cents per y
mile) .
VI. MILESTONES:
Page 3 of 3
ACTION -
RESPONSIBLE
COMPLETION
A.
Reimbursement
Contractor
no more than 30
request submitted
days after re-
porting period
B.
Activity reports
Contractor
no more than `30
submitted
days after re-
porting period
C.
Progress Review
Contractor &
60 days after
-
Department
contract imple-
mentation
D.
Progress Review
Contractor &
150 days after
Department
_
contract imple-
mentation
VII. PERFORMANCE INDICATORS:
A.
Total citations issued.
B.
Enforcement hours worked.
C.
Enforcement hours at STEP sites.
D.
Speeding citations
issued at STEP
sites.
E.
Level of compliance
with NMSL.
Page 3 of 3
ATTACHMENT 2
STATE DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION
GENERAL PROVISIONS FOR TEXAS TRAFFIC
SAFETY PROGRAM CONTRACTS
I. DEFINITIONS:
A. Commission: The State Highway and Public Transportation Commission of
Texas.
B. Contract Manager: The representative of the Department immediately
responsible for liaison between the Department and the Contractor, and
for supervision and inspection of the work or activity conducted under
this contract and of the materials used.
C. Contractor: The State agency, political subdivision, corporation, firm
or individual entering into agreement within the State or the
Department under this contract, or any subcontractor of such an entity.
D. Department: The State Department of Highways and Public
Transportation.
E. Effective Date: Unless otherwise specified, the effective date of a
contract or contract modification is the date of signature of the last
party whose consent is necessary to the validity of the contract or
modification.
F. Engineer: The State Engineer -Director of the Department, or his
authorized representative.
G. Project Director: The representative of the Contractor immediately
responsible for liaison between the Department and the Contractor.
H. State: State of Texas.
I. Subcontract: Any agreement between the Contractor and a third party,
assigning to that third party any of the obligations for personal and
professional services undertaken by the Contractor under this contract.
The term excludes contracts for the purchase of goods only, or for
general employment, whether full-time, part-time or intermittent. The
third party subcontractor may be an individual or an organization,
including a corporation, a partnership, a proprietorship, a joint ven-
ture or a co -venture.
J. U.S. DOT: The United States Department of Transportation, acting
through either the Federal Highway Administration or the National
Highway Traffic Safety Administration, as may be appropriate.
(Revised 3/84) 1 of 14
II. CHANGES:
A. Significant changes in the scope, character, or complexity of the work
may be enacted by Contract Change Notice (CCN), when necessary, if
there is mutual assent between the Contractor and the Department. Such
modification must be approved by both the Contractor and'the Department
before costs may be incurred which will be eligible for reimbursement.
B. The Engineer may at any time, by written order, and without notice to
the sureties, if any, make changes, within the general scope of this
contract. He may not, however, unilaterally shorten the period allowed
for delivery of a product or completion of an activity, or increase a
specified quantity of goods or services.
If any such change causes an increase or decrease in the estimated cost
of, or the time required for the performance of any part of the work
under this contract, whether changed or not changed by any such order,
or otherwise affects any other provision of this contract, an equitable
adjustment shall be made.
Any claim by the Contractor for adjustment under this clause must be
asserted within thirty (30) days from the date of receipt by the
Contractorofthe notification of change. Without prejudicing the
right to reject any claim asserted after this time, however, if the
Engineer decides that the facts justify such action, he may receive and
act upon any such claim asserted at any time prior to final payment
under this contract. Failure to agree to any adjustment shall be a
dispute concerning a question of fact within the meaning of the clause
of this contract entitled "Disputes." However, except as provided in
paragraph (C) below, nothing in this clause shall excuse the Contractor
from proceeding with the contract as changed.
C. Notwithstanding the provision of paragraphs (A) and (B) above, the
estimated cost of this contract shall not be increased or deemed to be
increased except by specific written modification of the contract indi-
cating the new contract estimated cost and the new amount allotted to
the contract. Until such modification is made, the Contractor shall
not be obligated to continue performance or incur costs beyond the
maximum cost 'amount established in this contract.
III. DISPUTES:
The Engineer will act as referee in all questions arising between the par-
ties under the terms of this contract and his decision shall be final and
binding.
(Revised 3/84) 2 of 14
IV. CONDITIONS FOR TERMINATION PRIOR:TO COMPLETION:
If, through any cause other than acts of God or the public enemy, flood, or
quarantine restrictions, the Contractor should fail to fulfill in a timely
or proper manner the obligation of this agreement, the Department may ter-
minate this agreement by giving written notice to the Contractor at least
seven (7) days prior to the effective date of termination and specifying
the effective date of termination.
Either principal to this agreement may, at his convenience, terminate this
agreement by one giving to the other, or each giving to the other, written
notice of such termination and specifying the effective date at least
thirty (30) days prior to the effective date of such termination so
specified.
Upon termination of this agreement, whether for cause or at the convenience
of one or both principals, all finished or unfinished documents, data, stu-
dies, surveys, reports, maps, drawings, models and photographs prepared by
the Contractor shall, at the option of the Department, become the property
of the Department. The Department shall reimburse the Contractor for those
eligible expenses incurred during the contract period which are directly
attributable to the completed portion of the services covered by this
agreement, and shall pay the Contractor a portion of any authorized fee
determined by dividing the actual eligible cost of the services actually
and satisfactorily performed by the estimated reimbursable cost of the
total services contracted for, and multiplying the authorized fee by the
rate thus computed.
V. EXCUSABLE DELAYS:
Except with respect to defaults of subcontractors, the Contractor shall not
be in default by reason of any failure in performance of this contract in
accordance with its terms (including any failure by the Contractor to
progress in the performance of the work) if such failure arises out of
causes beyond the control and without the default or negligence of the
Contractor. Such causes may include, but are not restricted to, acts of
God or of the public enemy, acts of the Government in either its sovereign
or contractual capacity, fires, floods, epidemics, quarantine restrictions,
strikes, freight embargoes, and unusually severe weather. In every case,
however, the failure to perform must be beyond the control and without the
fault or negligence of the Contractor. If the failure to perform is caused
by the failure of a subcontractor to perform or make progress, and if such
failure arises out of causes beyond the control of the Contractor and sub-
contractor, and without the fault or negligence of either of them, the
Contractor shall not be deemed to be in default, unless (a) the supplies or
services to be furnished by the subcontractor were obtainable.from other
sources, (b) the Engineer shall have ordered the Contractor in writing to
procure such supplies or services from other sources, and (c) the
Contractor shall have failed to comply reasonably with such order. Upon
request of the Contractor, the Engineer shall ascertain the facts and
extent of such failure and, if he shall determine that any failure to per-
form was occasioned by any one or more of the said causes, the delivery
schedule shall be revised accordingly.
(Revised 3/84) 3 of 14
VI. NON -COLLUSION:
The Contractor warrants that he has -not employed or retained any,company or
person, other than a bona fide employee working for the Contractor, to
solicit or secure this agreement, and that he has not paid ,or agreed to pay
any company or person, other than a bona fide employee, any fee, com-
mission, percentage, brokerage fee, gift, or any other consideration, con-
tingent upon or resulting from the award or making of this agreement. If
the Contractor breaches or violates this warranty, the Department shall
have the right to annul this agreement without liability, or, in its
discretion, to deduct from the agreement price or consideration, or other-
wise recover the full amount of such fee, commission, brokerage fee, gift,
or contingent fee.
VII. CONTRACT PERIOD ESTABLISHED:
All work and services required under this contract shall be begun after its
effective date and completed no later than the termination date specified
on the Contract face page or a timely CCN.
VIII. COST PROVISIONS:
A. Only those costs allowable under applicable Federal cost principles are
eligible for reimbursement under this contract. Applicability of cost
principles is determined by the identity of the Contractor: If the
Contractor is an agency of state or local government, the applicable
cost principles are contained in Office of Management and Budget
Circular A-87, "Cost Principles Applicable to Grants and Contracts with
State and Local Governments." If the Contractor is a college, univer-
sity or other educational instructor, the applicable cost principles
are contained in OMB Circular:A-21, "Cost Principles for Educational
Institutions." If the Contractor is a nonprofit organization
(excluding any organization to which the prior principles apply), the
applicable cost principles are contained in OMB Circular A-122, "Cost
Principles for Nonprofit Organizations." Those principles that apply
to this Contractor are incorporated as part of this agreement.
B To be eligible for reimbursement under this contract, a cost must have
been incurred within the contract period, paid by the Contractor prior
to claiming reimbursement from the Department, and claimed by the
Contractor within 60 days of the end of the calendar quarter in which
it was paid, and in no case later than 60 days from the end of the
contract term. A cost is incurred when the Contractor's employee or
subcontractor performs the service required, or when goods are received
by the Contractor, notwithstanding the date of order or date,of
payment.
IX. METHOD OF PAYMENT:
One of the methods of payment and associated conditions below will apply to
this agreement:
(Revised 3/84) 4 of 14
A. LUMP SUM - The Contractor agrees to perform the work specified and to
accept as payment a fixed dollar amount.
B. COST PER UNIT OF WORK -'The Contractor agrees to perform the work spe-
cified and to accept as payment a specified unit price for each unit of
work performed.
C. COST PLUS A FIXED FEE AMOUNT - The Contractor agrees to perform the
work specified and to accept as payment reimbursement for all valid
costs incurred in accordance with the terms of the contract plus a spe-
cified fixed fee.
D. SPECIFIC RATES OF COMPENSATION - The Contractor agrees to perform the
work previously stated and to accept payment according to a schedule of
payment rates specified in the contract.
E. COST - The Contractor agrees to perform the work previously stated and
to'accept as payment a reimbursement for all eligible costs incurred
and paid in accordance with the terms of the contract.
X. TERMS AND CONDITIONS OF PAYMENT:
A. Unless otherwise specified in the Special Provisions, the Contractor
agrees to bill the Department at quarterly intervals only, using the
forms and format specified.
B. The Contractor agrees to submit no bill for work performed or material
delivered unless such bill is accompanied by a report which complies
with the requirements of this contract.
C. The Department's obligation to reimburse the Contractor is contingent
upon the U.S. DOT's making available sufficient Federal funds to meet
that reimbursement obligation, and the Contractor's costs being eli-
gible for reimbursement under both this contract and applicable Federal
regulations. If the term of this contract transends the State's fiscal
biennium, the Department's obligation to reimburse is also contingent
upon appropriation of funds by the State.
XI. INSPECTION:
The Department and, when Federal funds are involved, U.S. DOT and any
authorized representative of the Federal government, have the right, at all
reasonable times, to inspect, or otherwise evaluate the work performed or
being performed hereunder and the premises in which it is being performed.
If any inspection or evaluation is made on the premises of the Contractor
or a subcontractor, the Contractor shall provide and shall require his sub-
contractor to provide all reasonable facilities and assistance for the
safety and convenience of the inspectors in the performance of their
duties. All inspections and evaluations shall be performed in such a
manner as will not unduly delay the work.
(Revised 3/84) 5 of 14
XII. PROPERTY ACCOUNTABILITY:
A. The Contractor shall not purchase under this contract, any item of pro-
perty with an original cost of $250.00 or more unless specifically
authorized to do so in writing.
B. The Contractor shall establish and administer a system to control, pro-
tect, preserve, use, and maintain and disposeofany property furnished
it by the Department or purchased pursuant to this agreement in accor-
dance with its own property management procedures, this Department's
policies governing the Texas Traffic Safety Program, and when appli-
cable, Federal Property Management Standards as set forth in Attachment
N to OMB Circular A-102, "Uniform Requirements for Assistance to State
and Local Governments." This obligation continues as long as the pro-
perty is retained by the Contractor, notwithstanding.the expiration of
this contract.
C. Title to property purchased by the Contractor for use under the
contract is in the Contractor, unless this Department or the Federal
government has, in authorizing purchase of a specific item, reserved
the right to take title.
D. The Contractor must replace any property for the cost of which it
claims reimbursement if that property is necessary to full operation of
the project covered by this contract and is no longer available through
loss, theft, accident or circumstance other than normal wear. The
Contractor may provide for replacement through private insurance, self-
insurance, or any other method, at its option.
E. When the Contractor no longer needs property purchased pursuant to this
agreement in the project or program supported by this agreement, it may
use that property in its other activities or dispose of it in accor-
dance with its property management procedures and, when applicable,
Federal property management standards. Under certain circumstances set
forth in those standards, the Contractor is required to refund monies
to the Federal government upon either certain uses of, of the disposi-
tion of, certain property. Any such refund must be made through the
Department.
XIII. RETENTION:
A. The Contractor agrees to maintain books, records, documents, and other
evidence pertaining to the costs and expenses of this contract
(hereinafter collectively called the "records") to the extent and in
such detail as is required by OMB Circular A-102. These requirements
are hereby made a part of this contract. The records will properly
reflect all net costs, direct and indirect, of labor, materials, equip-
ment, supplies and services, and other costs and expenses of whatever
nature for which reimbursement is claimed under the provisions of this
contract.
(Revised 3/84) 6 of 14
B. The Contractor agrees to make available at the office of the Contractor
at all reasonable times during the contract period, and for the period
set forth 'in paragraph C below, any of the'records for inspection,
audit, or reproduction by the Department, U.S.''DOT, and any authorized
representative of the Federal government.
C. If this contract is completely or partially terminated, the records
relating to the work terminated shall be preserved and made available
for a period of three years from the date of any resulting final
settlement.
D. Records which related to (1) any question under the "Disputes" clause
of this contract, (2) litigation of any claim arising out of the per-
formance of this contract, or (3) any cost or expenses of this contract
as to which exception has been taken on audit, shall be retained by the
Contractor until such appeal, litigation, or exception has been finally
resolved or adjudged.
E. The Contractor further agrees to include in each of his subcontracts in
excess of $10,000.00 in total value, a provision to the effect that
the subcontractor agrees that the Department, U.S. DOT, and any
authorized representative of the Federal government shall, until the
expiration of three years after final payment under the subcontract,
have access to and the right to examine any directly pertinent books,
documents, papers, and records.
XIV. OWNERSHIP OF DATA AND CREATIVE MATERIAL:
All data and materials created or collected under the terms of the
agreement shall become the property of the Department and copies of such
data and material shall be furnished to the Department on request.
XV. REPORTS:
A. Before publication or printing, the final draft of any report required
under the contract schedule shall be submitted to the Department for
review and concurrence. Review and approval by the U.S. DOT will be
coordinated by the Department prior to returning comments or approvals
to the Contractor. All recorded information which is produced in the
performance of this agreement shall be the sole property of the
Department. Reports or other such information are material in the
public domain, and shall not be copyrighted or restricted as to distri-
bution and reproduction. The Contractor shall furnish the Department
with the quantity of copies of the report specified in the contract.
B. Each report covered by paragraph A must include the following state-
ments on the cover page:
(Revised 3/84) 7 of 14
i
1. State projects: "This report was prepared in cooperation with the
State Department of Highways and Public Transportation." For
Federally funded projects, add to the above quote either:" ... and
.
the National Highway Traffic Safety Administration of the U.S.
Department of Transportation," or "...and the Federal Highway
Administration of the U.S. Department of Transportation," as may be
appropriate.
2. "The conclusions and opinions expressed in this document are those
of the author, and do not necessarily represent` those of the State
of Texas, the State Department of Highways and Public
Transportation or any political subdivision of the State or Federal
government."
XVI. EQUAL OPPORTUNITY:
A. Compliance with Regulations: The Contractor shall comply with the
Regulations relative to nondiscrimination in Federally -assisted
programs of U.S. DOT, Title 49, Code of Federal Regulations, Part 21
and Title 23, Code of Federal Regulations, Part 710.405(b), 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.
B. Nondiscrimination: The Contractor, with regard to the work performed
by it during the contract, shall not discriminate on the grounds of
race, color, sex, or origin in the selection and retention of sub-
contractors, including procurements of materialsandleases of equip-
ment. The Contractor 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.
C: Solicitation for Subcontracts, Including Procurements of Materials and
Equipment: In all solicitation either by competitive bidding or nego-
tiation made by the Contractor for work to be performed under a sub-
contract, including procurements of materials or leases of equipment,
each potential subcontractor or supplier shall be notified by the
Contractor of the Contractor's obligations under this contract and the
Regulations relative to nondiscrimination on the grounds of race,
color, sex, or national origin.
D. Information and Reports: The Contractor shall provide all information
and reports required by the Regulations or in directives issued pur-
suant thereto, and shall permit access to its books, records, accounts,
other sources of information, and its facilities as may be determined
by the Department or by U.S. DOT to be pertinent to ascertain
compliance with such Regulations or directives. Where any information
required of a Contractor is in the exclusive possession of another who
fails or refuses to furnish this information, the Contractor shall so
certify to the Department or the U.S. DOT, as appropriate, and shall
set forth what efforts it has made to obtain the information.
(Revised 3/84) 8 of 14
E. Sanctions for Noncompliance:_ In the.,event of the Contractor's"non-
compliance with the nondiscrimination provisions of this contract, the
Department shall impose such contract sanctions as it or U.S. DOT may
determine to be appropriate, including, but not limited to
I. withholding of payments to the Contractor under the contract until
the Contractor complies; and,
2. cancellation, termination, or suspension of the contract in whole
or in part.
F. Incorporation of Provisions: The Contractor shall include the provi-
sions of paragraphs A) through (F) in every subcontract, including
procurements of materials and leases of equipment, unless exempt by the
Regulations, or by directives issued pursuant thereto.The Contractor
shall take such action with respect to any subcontract or procurement
as the Department or U.S. DOT may direct as a means of enforcing such
provisions, including sanctions for noncompliance; provided, however,
that in the event a Contractor becomes involved in or is threatened
with litigation with a subcontractor or supplier as a result of such
direction, the Contractor may request the Department to enter into such
litigation to protect the interests of the State; and, in addition, the
Contractor may request the United States to enter into such litigation
to protect the interests of the United States.
XVII. OVERTIME COMPENSATION:
This contract, to the extent that it is of a character specified in the
Contract Work Hours Standards Act (40 U.S.C. 327-300), is subject to the
following provisions and to all other applicable provisions and exceptions
of such Act and the regulations of the Secretary of Labor thereunder.
A. Overtime Requirements - No contractor or subcontractor contracting for
any part of the contract work which may require or involve the
employment of laborers or mechanics shall require or permit any laborer
or mechanic in any workweek in which he is employed on such work to
work in excess of eight hours in any calendar day or in excess of forty
hours in such workweek on work subject to the provisions of the
Contract Work Hours Standards Act unless such laborer or mechanic
receives compensation at a rate not less than one and one-half times
the normal hourly rate for each hour of work in excess of eight hours in
any calendar day, or in excess of forty hours in such workweek,
whichever is the greater number of overtime hours.
B. Records - The Contractor shall maintain payroll records containing the
information necessary to show compliance with the above requirements
for the period specified in General Provision XIII: Retention.
XVIII. CONVICT LABOR:
In connection with the
Contractor agrees not
went at hard labor.
performance of work under this contract, the
to employ any person serving a sentence of imprison -
(Revised 3/84) 9 of 14
XIX.
cnnrONTRACTING•
A.
The Contractor shall not subcontract or sublet any portion of this
contract without the prior approval, in writing, of the Engineer.
B. The U.S. DOT may require that it approve any subcontract for personal
or professional services prior to execution and initiation of work
under it. This review may take up to thirty (30) days and shall con-
sider, in part, the following matters:
1. Determination of the subcontractor's qualifications including resi-
dent manpower and ability to complete the work within the time
allotted;
2. Manner of selection from those qualified to perform the service;
3. Necessity for subcontracting; and
4. Review of the subcontract, to ensure that (a) minimum terms of the
prime contract have been incorporated into the subcontract, and (b)
the Contractor's price breakdown includes costs (if any) for per-
sonal services, subcontract, commodities, other direct costs,
indirect costs, and profit.
C. Pre -award audit is required when subcontracts exceed $25,000.00 in
total value.
D. No subcontract will relieve the Contractor of his responsibility under
this contract.
XX. UTILIZATION OF SMALL BUSINESS CONCERNS:
A. It is the policy of the United States Government as declared by the
Congress that a fair proportion of the purchases and contracts for
supplies and services for the government be placed with small business
concerns.
B. The Contractor agrees to accomplish the maximum amount of subcontracting
to small business concerns that the Contractor finds to be consistent
with the efficient performance of this contract.
XXI. ORDER OF PRECEDENCE:
In the event of an inconsistency between provisions of this contract, the
inconsistency shall be resolved by giving precedence in the following
order:
A. Texas Traffic Safety Program Contract Form, File 18.133
B. Statement of Work
(Revised 3/84) 10 of 14
C. Special Provisions
D. General Provisions
XXII. ASSIGNMENT AND TRANSFER:
The Contractor shall not assign, sell, transfer or otherwise dispose of this
contract or any portion of it, or his rights, title or interest in it,
without the approval of the Commission. Each party binds himself and his
partners, successors, administrators and executors.
XXIII. CANCELLATION:
The Department may cancel this contract if the Contractor violates any of
the laws of the United States of America or the State of Texas. In such
event, the Contractor shall be reimbursed only for those costs incurred
prior to the contract's cancellation, computed as set forth in General
Provision IV: Conditions for Termination Prior to Completion.
XXIV. CONTRACTOR'S LIABILITY:
The Contractor shall be liable for any loss of, or injury to, any material
acquired, provided, developed or serviced under this contract which is
caused by the Contractor's failure to exercise such care in regard to said
material as a reasonably careful owner of similar materials would exercise.
XXV. HOLD HARMLESS:
(Does Not Apply If Contractor Is A State Agency.) The Contractor is an
independent Contractor and not an agent, servant, or employee of the State.
The Contractor shall hold the State and its representatives harmless from
all suits, actions or claims of any kind brought on account of any person
or property in consequence of any neglect in safeguarding the work, or of
any act or omission by the Contractor or its employees, or from any claims
or amounts arising or recovered under Workmen's Compensation Laws or any
other law, bylaw, ordinance, regulation, order, or decree. The Contractor
shall be responsible for all damage to property and personal injury of any
kind resulting from any act, omission, neglect, or misconduct of any
employee or agent of the Contractor in the manner or method of performing
the work for the period of the contract.
XXVI. TAX AND COMPENSATION LIABILITY:
Nothing herein contained shall be construed as incurring for the Department
or the State any liability for Workmen's Compensation, F.I.C.A.,
Withholding Tax, Unemployment Compensation, or any other payment which
would be required to be paid by the Department of the State if the
Department and the Contractor were standing in an employer-employee rela-
tionship, and the Contractor hereby agrees to assume and pay all such
liabilities.
(Revised 3/84) 11 of 14
XXVII. REIMBURSEMENT OF ELIGIBLE EXPENDITURES:
A. Upon written application by the Contractor and approval by the
Department, the Department shall obligate funds for reimbursement of
eligible expenditures as set forth in the application.
B. The Contractor shall refund to the Department any funds the Contractor
claims and receives from the Department for the reimbursement of costs
which are determined by a State or Federal audit to be ineligible for
reimbursement.
C. The Department shall have the right to withhold all or part of any
future payments to the Contractor to offset any reimbursement made to
the Contractor for any ineligible expenditures and not refunded to the
Department by the Contractor.
XXVIII. APPLICATION OF THE HATCH ACT:
It is mutually agreed and promised that the Contractor shall notify every
employee of the Contractor whose principal employment is in connection with
any traffic safety project financed in whole or in part under the Highway
Safety Act of 1966, of the provisions of the Hatch Act, 18 U.S.C. Section
595.
XXIX. STANDARDS FOR CONTRACTOR FINANCIAL MANAGEMENT SYSTEMS:
Contractor financial management systems shall meet or exceed the require-
ments of OMB Circular A-102. Those requirements include, among others:
A. Accurate, current, and complete disclosure of the financial results of
each grant program in accordance with Departmental reporting
requirements;
B. Records which identify adequately the source and application of funds
for grant -supported activities. These records shall contain information
pertaining to grant awards and authorization, obligations, commitments,
assets, liabilities, outlays, and income;
C. Effective control over and accountability for all funds, property, and
other assets. The Contractor shall adequately safeguard all such
assets and shall assure that they are used solely for authorized
purposes;
D. Comparison of actual with budgeted amounts for each contract, and rela-
tion of financial information to performance or productivity data,
including the production of unit cost information whenever appropriate
and required by the grantor agency;
E. Procedures for determining the eligibility for reimbursement and
proper allocation of costs
F. Accounting records which are supported by source documentation;
(Revised 5/88) 12 of 14
G. Audits to be made by the Contractor or at its direction to determine,
at a minimum, the fiscal integrityof financial transactions and
reports, and the compliance with laws, regulations, and administrative
requirements. The Contractor will schedule such audits with reasonable
frequency, usually annually, but not less.,frequently than once every
two years, considering the nature, size and complexity of the activity;
and
H. A systematic method to assure timely and appropriate resolution of audit
findings and recommendations.
XXX. PROCUREMENT PROCEDURES:
A. All procurement transactions for supplies, equipment or services,
whether negotiated or advertised and without regard to dollar value,
shall be conducted to provide maximum open and free competition con-
sistent with efficient and economical program management in accordance
with applicable State and Federal laws and regulations. The Contractor
should be alert to organizational conflicts of interest or noncom-
petitive practices among providers which may restrict or eliminate com-
petition or otherwise restrain trade.
B. The Contractor shall use its own procurement procedures which reflect
applicable State and local laws and regulations, provided that those
procedures conform, as a'minimum, to the requirements of OMB Circular
A-102, Attachment 0.
C. The Contractor shall provide the Department with a copy of its proce-
dures for any procurements authorized under this contract which will
exceed $250.00 in value. The Department will review those procedures
to determine that the Contractor's procurement system meets applicable
criteria. No costs associated with such procurements made by the
Contractor prior to the Department's determination of compliance are
eligible for reimbursement.
D. Proposed procurement actions in excess of $250.00 must be reviewed and
approved in writing by the Department prior to accomplishment of the
procurement to avoid the purchase of unnecessary or duplicative items.
No costs associated with such procurements made by the Contractor
without the Department's written approval are eligible for reimburse-
ment. Inclusion in a contract executed by the Department is considered
approval in writing.
E. Contractors shall maintain records sufficient to detail the significant
history of a procurement, and shall provide the Department with a copy
of those records. The record shall iuclude, at a minimum, information
documenting the Contractor's rationale for the method of procurement,
the selection of contract type, the selection or rejection of provider
applicants, and the basis for the cost or price. The Contractor shall
.maintain these records as required by General Provision XIII:
Retention.
(Revised 3/84) 13 of 14
F
XXXI. MINORITY BUSINESS ENTERPRISE:
It is the policy of the Department of Transportation that Minority Business
Enterprises as defined in 49 CFR Part 23, Subpart A, shall have the maximum
opportunity to participate in the performance of contracts financed in whole
or in part with Federal funds. Consequently, the Minority Business
Enterprise requirements of 49 CFR Part 23, exclusive of Subpart D, apply to
this contract as follows:
The contractor agrees to insure that Minority Business Enterprises as
defined in 49 CFR Part 23, Subpart A, have the maximum opportunity to par-
ticipate in the performance of contracts and subcontracts financed in whole
or in part with Federal funds. In this regard, the Contractor shall take
all necessary and reasonable steps in accordance with 49 CFR Part 23, exclu-
sive of Subpart D, to insure that Minority Business Enterprises have the
maximum opportunity to compete for and perform contracts.-
The Contractor and any Subcontractor shall not discriminate on the basis of
race, color, national origin or sex in the award and performance of
contracts funded in whole or in part with Federal ,funds.
These requirements shall be physically included in any subcontract.
Failure to carry out the requirements set forth above shall constitute a
breach of contract and, after the notification of the Department, may result
in termination of the contract by the State or other such remedy as the
State deems appropriate.
(Revised 3/84) 14 of 14
Attachment 3
SPECIAL PROVISIONS `
1. State Department of Highways and Public Transportation
Commission polioy mandates that employees of the Department
shall not accept any benefits, gifts or favors from any
person doing business or who reasonably speaking may do
business with the.State under this contract. _
The only exceptions allowed are -ordinary business lunches
and -items that have received the advanced written approval
of the State Department of. Highways and Public
Transportation Engineer -Director.
Any person doing business with or who may -reasonably
speaking do business with the State under this contract may
not make any offer of benefits, gifts or favors to
Departmental employees, except as mentioned hereabove.
Failure on the part of the contractor to adhere to this
policy may result in the termination of this contract.
2. The maximum amount payable under this contract is contingent
upon the availability of appropriated funds.
3. The Grantee shall comply with the requirements of the Single
Audit Act of 1984, P.L. 98-502, ensuring that the single
audit report includes the coverage stipulated in paragraphs
6, 8, and 9 of OMB Circular No. A-128.
4. For out of state travel expenses to be reimbursable, the
Contractor must have obtained the approval of the Department
priorto the beginning of the trip. A copy of the
documentation of that approval must accompany the request
for reimbursement.
19th St. (Hwy. 114) „ n
4 W. City Limits to Frankford 5 6.5
4th St. (FM 2255)
5 .5 W of W City Limits to Elkhart 4.75 6.5
Brownfield Rd. (US 62-82) p Re6 S.W. City Limits to
.2 SW Slide Rd. 2 6.5 I
STEP -0PERATZONAL PLAN
if
3
S. Quirt to Brownfield Rd.
ATTACHMENT 4
'
ity
of: Lubbock
t
--
PRIMACY SITES
STEP
r
MILES
TIME(S)
DAYS)
NO. OF
SITE
_
0*
OF
OF
MAN
NUMBER
SITE DESCRIPTION
ROADWAY
DAY67EEK
HRS. PER/'§N-r:.
-
i
-
Loop 289 ,
-
7-11 AM
M -F
•
Brownfield Rd. to N. Ash
—
4- 8 PM
M -F -S
1
9
12- 4 PM
S -S
6.5
Loop 289
6-10 PM
F -S -S
2 •
N. Ash to S. Quirt
9
a
~ -
— 6.5 -
19th St. (Hwy. 114) „ n
4 W. City Limits to Frankford 5 6.5
4th St. (FM 2255)
5 .5 W of W City Limits to Elkhart 4.75 6.5
Brownfield Rd. (US 62-82) p Re6 S.W. City Limits to
.2 SW Slide Rd. 2 6.5 I
Loop 289
if
3
S. Quirt to Brownfield Rd.
8
6.5
19th St. (Hwy. 114) „ n
4 W. City Limits to Frankford 5 6.5
4th St. (FM 2255)
5 .5 W of W City Limits to Elkhart 4.75 6.5
Brownfield Rd. (US 62-82) p Re6 S.W. City Limits to
.2 SW Slide Rd. 2 6.5 I
Slaton Road
8 S.E. City Limits to Quirt 3 6.5 II
Southeast Drive
if
7
Quirt Ave to U.S. 84
4.5
6.5
Slaton Road
8 S.E. City Limits to Quirt 3 6.5 II
Clovis Road „ „ '
10 1W. City Limits to Indiana 1.5 6.5
Idalou Road
if
9
N.E. City Limits to 62 - 82
2
6.5
Clovis Road „ „ '
10 1W. City Limits to Indiana 1.5 6.5
-� ATTACHMENT 4A
y STEP OPERATIONAL PLAN
EDUCATION.COMPONENT
CONTRACTOR -City of Lubbock
Estimated How.
Number Often
1. - Officer- PI&E hours worked: _ . _ - _ 45 hrs.� As Needed
2. Newspaper contacts:
a. News Releases - 15 hrs.1 As -Needed
b. PSAs
3. TV Station contacts:
a. News Releases
b. PSAs -
4. Radio Station contacts:
a.. News Releases
b. PSAs
5. Speaking engagements:
8 hrs.) As Needed
8 hrs.1 As Needed
4 hrs.1 As Needed - -
6-10 hrs.1 As Requested
Additional PI&E activities (quantify where possible):
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II. Other Direct Costs:
*A. Mileage (not to exceed
state rate) 27,835miles @ .21,� per mile = 55,845.35
. T_OMAL- CONTRAeT COST: - - _ - - $ 59,999.88
*These combined costs may not exceed 10% of the total contract amount.
**Only cost allowable under TRASER STEP.
-- STEP ESTIMATED
BUDGET
' (Not a
part of the
contract)
CITY OF LUBBOCK
Contractor -
ENFORCEMENT ACTIVITIES:
I. Personal Services:'
A. Enforcement (Overtime)
1. Patrol Officers:
1300 hours
- @ 18.60 per
hour=
$
24,180.00-
4,180.00-
2.
2. Corporals:
1200 hours
@ 20.31 per
hour=
$
24,372.00
3. Lieutenants:
hours
@ per
hour=
$
B..*Staff/Supervisory Support
**1. Keypunch Operator:
hours
@ per
hour=
$
2. Clerk Typist:
78 hours
@ 8.66 per
hour=
$
675.48
**3. Project Director:
195 hours
@ 22.19 per
hour=
$
4,327.05
C. Travel & -Per- Diem (State
Rate}
1. Travel for two people to attend two meetings
called
by D-18STO
$
600.00
II. Other Direct Costs:
*A. Mileage (not to exceed
state rate) 27,835miles @ .21,� per mile = 55,845.35
. T_OMAL- CONTRAeT COST: - - _ - - $ 59,999.88
*These combined costs may not exceed 10% of the total contract amount.
**Only cost allowable under TRASER STEP.
Dontractor Certifcaf 'in
(Negotiated Contracts)
being (1)
duly sworn or under penalty of perjury under the laws of the United States,
certifies that, except as noted below, c i tY of LL b b ^ r k --- or (2)
any person associated therewith in the capacity of owner, partner, director,
officer, principal investigator, project director, manager, auditor, or any
position involving the administration of federal funds:
• is not currently under suspension, debarment, voluntary exclusion, or
determination of ineligibility by any federal agency;
• has not been suspended, debarred, voluntarily excluded or determined
ineligible by any federal agency within the past three years;
• does not have a proposed debarment -pending; and
• has not been indicted, convicted, or had a civil judgment rendered
against it by a court of competent jurisdiction in any matter involving
fraud or official misconduct within the past three years.
Exceptions will not necessarily result in denial of award, but will be considered
in determining bidder responsibility. For any exception noted, indicate below
to whom it applies, initiating agency, and dates of action. Providing false
information may result in criminal prosecution or administrative sanctions.
Exceptions: (3)
Signature of certifying official
to
-See Reverse for Instructions -
Form 1734
6.88
(4)
JA'N 1i i969
D-0. SAFETY AND
?RAFFIC OPERAT{ONG
di
.
DGV:js
RESOLUTION '
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
THAT the City Manager of the City of Lubbock BE and is hereby
authorized and directed to execute for and on behalf of the City of
Lubbock a grant application filed by the City of Lubbock to allow the
Lubbock Police Department to establish a TRACER Program to enhance local
law enforcement capabilities in reducing the number of vehicular traffic
accidents within the City of Lubbock, attached herewith, which shall
be spread upon the minutes of the Council and as spread upon the minutes
of this Council shall constitute and be a part of this Resolution as
if fully copied herein in detail.
Passed by the City Council this 12th day of January , 1988.
ATTEST.
I r ,
Ran to Boyd, City Secretary
APPROVED
AS TO CONTENT:
Thomas J. Niels, Chief of Police
APPROVED AS Ta FORM:
Dona�G.Vandiver, First Assistant
City Attorney
C
. C. MC'MINN, MAYOR
J..
FT—IT-5-1 NATIONAL
ATAWMARn
TEXAS TkAFFIC SAFETY PROGRAM CON4RACT
STATE DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION
TRAFFIC SAFETY SECTION
AUSTIN, TEXAS 78701
17560'005906 00
589xxF6056
(89)0.1 -01=B1 -DB
PROJECT NAME BEHAVIOR SELECTIVE ENFORCEMENT- TRASER
CONTRACTOR: City of Lubbock'
BRIEF DESCRIPTION OF PROJECT (FOR DETAILS. SEE STATEMENT OF WORK)
Contractors will purchase/secure a personal computer -capable of handling
the TRASER software package developed be Texas Transportation Institute.
Contractors will hire personnel to enter all traffic data on TRASER. The
contractors will review data generated by TRASER and will assign police
enforcement personnel to selected STEP sites as indicated by TRASER
information. The state will provide funding for some'of the personnel
costs. Contractor will submit proper reports and claims.
GOALS To reduce accidents at TRASER—
METHOD OF EVLUATION (FOR DETAILS, SEE STATEMENT OF WORK)
selected STEP sites.
Administrative
COST CATEGORY
AMOUNT
PROPOSED PROJECT PERIOD
ThIs Contract
Future Years
Tout Prolect
PERSONAL SERVICES ............
15,010.03
01-01-89
FROM
CONTRACT SERVICES ............
To 9-30-89
COMMODITIES ...................
OTHER DIRECT COST .............
CONTRACT PERIOD
ENDS
IN DIRECT COST ..................
PROFIT .........................
9- 30-89
TOTAL
15,010.03
TYPE OF REIMBURSEMENT
SOURCES OF FUNDS
AMOUNT
REIMBURSEMENT LIMITS
LUMP SUM
1. MAXIMUM AMOUNT ELIGIBLE FOR
FEDERAL(4.02.)....
15,010.03
REIMBURSEMENTS 150101n -n-1
COST PER UNIT OF WORK
GTSF ................
2 NO COSTCATEGORY MAY BE EXCEEDED
a COST PWS FIXED FEE
,
BY MORE THAN 6% OF THE CON-
TRACT TOTAL BUDGET
SPECIFIC RATES
�. ONLY THOSE COSTS INCURRED DURING
THE CONTRACT PERIOD LL BE
ELIGIBLE FOR REIMBURSEMENT.
ACTUAL COST
LOCAL ..............
,
THE CONTRACTOR MUST BEAR ALL COSTS
NOT ELIGIBLE FOR REIMBURSEMENT.
FOR DETAILS. SEE STATEMENT OF WORK
TOTAL T15,010.03
• THIS CONTRACT INCLUDES 4 ATTACHMENTS:
1. STATEMENT OF WORK 4. action plan '
2. GENERAL PROVISIONS
3. SPECIAL PROVISIONS
•".FEDERAL AND STATE REGULATIONS AND GUIDELINES SHALL BE THE BASIS FOR DETERMINING ELIGIBILITY OF COSTS
Fite 18.1331 (rev. 3184)
(Replaces TSS Form A3.0)
page 1 of 3
TEXAS TRAFFIC SAFETY. PROGRAM CONTRACT
REPRESENTATIONS, CERTIFICATIONS, AND ACKNOWLEDGMENTS
1. EOUAL OPPORTUNITY: ' icheck appropriate boxes)
The Contractor represents that it ®s not participated in a previous contract or
subcontract subject either to the Equal Opportunity Clause herein, the clause originally contained in
Section 301 o1 Exutive Order 1.0925. or the clause contained in Section 201 of Executive Order No.,
11114; that it iX� has filed. all required compliance reports; and that representations
lJ has not
indicating submission of required compliance reports, signed by proposed subcontractors, will be ob-
tained prior to subcontract award.
Il. AFFIRMATIVE ACTION PROGRAM: (check appropriate box)
The Contractor represents that it:
® has developed and has on file at each establishment affirmative action programs as required by the.
rules and regulations of the Secretary o1 Labor (41 CFR 60.1 and 60-2).
0 has not developed or does not have on file at each establishment affirmtive action programs as re-
quired by the rules and regulations of the Secretary of Labor (41 CFR 60-1 and 60.2).
❑ has not previously had contracts subject to the written affirmative action program requirements of
the rules and regulations of the Secretary of Labor.
111. CERTIFICATION OF NONSEGREGATED FACILITIES:
The Contractor certifies that it does not maintain or provide for employee's facilities which are
segregated on the basis of race, color. religion, sex or national origin, whether such facilities are
segregated by directive or on a de facto basis. The offeror further agrees that he will not maintain such
segregated facilities.
IV. CLEAN AIR ACT COMPLIANCE:
For all contracts In excess of 6100.000, the recipient agrees to comply with all applicable standards,
orders, or regulations issued pursuant to the Clean Air Act of 1970. Violations shall be reported to the
Department and the Regional Office of the Environmental Protection Agency. ,
V. PRiNOPAL PLACE OF PERFORMANCE:
The location of the Contractor's plant or place of business where the item(s) will be produced or the
principal services will be performed under the contract is:
CITY Lubbock COUNTY Lubbock STATE Texas
V1. ASSURANCE: Q '
The Contractor hereby assures compliancelYrfth.oll terms, conditions and general and special provi-
sions for this contract, inch icing attac` "
The Contractor is hereby authorized to perform work on this project during the contract period, subject to the
terms and conditions of this contract and all applicable state and federal laws and regulations.
BY: ---)
Signature of PersopAuthbrizdd Date
to Commit Contractor
City Manager
Title
City of Lubbock
Contractor
Contractor Mailing Address:
P. O. Box 2000
Street or P.O. Box
Lubbock, Texas 79457
City, State, Zip Code
( 806 1 762-6411
Area Code Phone Number
STATE OF TEXAS
Certified as being.executed for the purpos
and effect of activating and/or carrying
out the orders, established policies, or
work programs heretofore approved and
authorized by the State Highway and Public
Transportation Commission under the
authority of Minute Order 82513.
APPROVED:
BY
Gary K. Trietsch, P.E.
Traffic Operations Engineer
Date /—/%-O�
M 16.133-3 (Rev. 6/88) page 3 of 3
e
STATEMENT OF WORK
I. HSP AUTHORIZATION:
Attachment I
This contract implements Task B, 'sub -task 3 PSP (89) 01-01
of the FY 89 Highway Safety Plan.
II. PROBLEM STATEMENT:
All Texas jurisdictions that are charged with the
responsibility of traffic law enforcement have a common
problem in trying to identify where to place their
limited resources (personnel and equipment) in order to
have the greatest impact on the motor vehicle accidents
involved in their jurisdiction. Data they receive is
sometimes three or four months old before they have an
opportunity to evaluate their needs. TRASER is needed
to allow for up-to-the-minute input in order to do the
best planning possible.
III. OBJECTIVES:
1. To reduce the total accidents at TRASER-selected
sites within the jurisdiction by the end of the
contract period.
2. To build an automated traffic records system to record
100% of all accident reports and 100% of all police
citations issued by 9-30-89.
IV. RESPONSIBILITIES OF THE CONTRACTOR:
A. carry out the objectives according to -the Milestone
Schedule in the Project Action Plan (Attachment'4).
B. Report to the Department, on approved forms, according
to the following:
1. A quarterly Project Performance Report describing
activities and accomplishments will be submitted
no later than the 28th of the month, following the
reporting period. This report will be on Form
18.308-1 and should contain information from
Attachment 4 (Action Plan) and performance
indicators listed in Section VII of this
Attachment.
if requested in writing by the Department, this
report will be provided more frequently than
quarterly.
Page 1 of 3
2. A Financial Status Report will be submitted no
less than quarterly by the 28th of th'p month,
following the.end of the quarter.
3. :Requests for Advance or Reimbursement will be
submitted no later than the 28th of the following
-month: -.
4. A Final Report summarizing all activities and
..accomplishments will be submitted no later than 30
days after the contract end date.
C. Attend meetings according to the following:
1. The Contractor will arrange for meetings with the_
Department no less than quarterly to present
status of activities, discuss problems and present
a schedule for the following quarter's work.
2. The project coordinator or other qualified person
will be available to represent the Contractor at
meetings requested by the Department.
V. RESPONSIBILITIES OF THE STATE OF TEXAS:
A. Monitor the Contractor's compliance with performance
obligations and fiscal requirements of this contract.
B. Provide program management and technical assistance as
appropriate.
C. Perform an administrative evaluation of the project at
the close of the contract period to include a review of
adherence to budget and milestone schedule and
attainment of objectives.
D. Reimburse the Contractor according to the following
cost categories up to the Reimbursement Limits on page
1 of Form File 18.133-1.
Personal Services:
1.. Actual cost of wages for TRASER STEP employees.
2. Actual costs for travel and per diem (not to
exceed state reimbursement rates)- for attending
meetings called by the state.
Other Direct Costs:
1. Mileage, actual costs (not to exceed .21 cents per
mile).
Page 2 of 3
VI. MILESTONES:
ACTION RESPONSIBLE COMPI,TION
A. Reimbursement Contractor no more than 28
request submitted days after re-
porting period
B. Activity reports Contractor no more than 28
submitted days after re-
porting period
C. Progress Review Contractor & 60 days after
Department contract ample-
mentation
D. Progress Review Contractor & 150 days after
Department contract imple-
mentation
VII. PERFORMANCE INDICATORS:
The following performance indicators, when applicable, shall
be included in each progress report and summarized in the
final report:
A. Number of citations issued under the TRASER program.
B. Number of enforcement hours worked under TRASER.
C. Number of high accident locations identified under the
TRASER program.
D. Number of high accident locations identified that
required both enforcement and engineering attention.
E. Reduction (number of) in accidents involving fatale,
injuries and property damage.
Page 3 of 3
ATTACHMENT 2
STATE DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION
GENERAL PROVISIONS FOR TEXAS TRAFFIC
SAFETY PROGRAM CONTRACTS
I. DEFINITIONS:
A. Commission: The State Highway and Public Transportation Commission of
Texas.
B. Contract Manager: The representative of the Department immediately
responsible for liaison between the Department and the Contractor, and
for supervision and inspection of the work or activity conducted under
this contract and of the materials used.
C. Contractor: The State agency, political subdivision, corporation, firm
or individual entering into agreement within the State or the
Department under this contract, or any subcontractor of such an entity.
D. Department: The State Department of Highways and Public
Transportation.
E. Effective Date: Unless otherwise specified, the effective date of a
contract or contract modification is the date of signature of the last
party whose consent is necessary to the validity of the contract or
modification.
F. Engineer: The State Engineer -Director of the Department, or his
authorized representative.
G. Project Director: The representative of the Contractor immediately
responsible for liaison between the Department and the Contractor.
H. State: State of Texas.
I. Subcontract: Any agreement between the Contractor and a third party,
assigning to that third party any of the obligations for personal and
professional services undertaken by the Contractor under this contract.
The term excludes contracts for the purchase of goods only, or for
general employment, whether full-time, part-time or intermittent. The
third party subcontractor may be an individual or an organization,
including a corporation, a partnership, a proprietorship, a joint ven-
ture or a co -venture.
J. U.S. DOT: The United States Department of Transportation, acting
through either the Federal Highway Administration or the National
Highway Traffic Safety Administration, as may be appropriate.
(Revised 3/84) 1 of 14
II. CHANGES:
A. Significant changes in the scope, character, or complexity of the work
may be enacted by Contract Change Notice (CCN), when necessary, if
there is mutual assent between the Contractor and the Department. Such
modification must be approved by both the Contractor and the Department
before costs may be incurred which will be eligible for reimbursement.
B. The Engineer may at any time, by written order, and without notice to
the sureties, if any, make changes, within the general scope of this
contract. He may not, however, unilaterally shorten the period allowed
for delivery of a product or completion of an activity, or increase a
specified quantity of goods or services.
If any such change causes an increase or decrease in theestimatedcost
of, or the time required for the performance of any part of the work
under this contract, whether changed or not changed by any such order,
or otherwise affects any other provision of this contract, an equitable
adjustment shall be made.
Any claim by the Contractor for adjustment under this clause must be.
asserted within thirty (30) days from the date of receipt by the
Contractor of the notification of change. Without prejudicing the
right to reject any claim asserted after this time, however, if the
Engineer decides that the facts justify such action, he may receive and
act upon any such claim asserted at any time prior to final payment
under this contract. Failure to agree to any adjustment shall be a
dispute concerning a question of fact within the meaning of the clause
of this contract entitled "Disputes." However, except as provided in
paragraph (C) below, nothing in this clause shall excuse the Contractor
from proceeding with the contract as changed.
C. Notwithstanding the provision of paragraphs (A) and (B) above, the
estimated cost of this contract shall not be increased or deemed to be
increased except by specific written modification of the contract indi-
cating the new contract estimated cost and the new amount allotted to
the contract. Until such modification is made, the Contractor shall
not be obligated to continue performance or incur costs beyond the
maximum cost amount established in this contract.
III. DISPUTES:
The Engineer will act as referee in all questions arising between the par-
ties under the terms of this contract and his decision shall be final and
binding.
(Revised 3/84) 2 of 14
IV. CONDITIONS FOR TERMINATION PRIOR=TO COMPLETION:
If, through any cause other than acts of God or the public enemy, flood, or
quarantine restrictions, the Contractor should, fail to fulfill in a timely
or proper manner the obligation of this agreement, the Department may ter-
minate this agreement by giving written notice to the Contractor at least
seven (7) days prior to the effective date of termination and specifying
the effective date of termination.
Either principal to this agreement may, at his convenience, terminate this
agreement by one giving to the other, or each giving to the other, written
notice of such termination and specifying the effective date at least
thirty (30) days prior to the effective date of such termination so
specified.
Upon termination of this agreement, whether for cause or at the convenience
of one or both principals, all finished or unfinished documents, data, stu-
dies, surveys, reports, maps, drawings, models and photographs prepared by
the Contractor shall, at the option of the Department, become the property
of the Department. The Department shall reimburse the Contractor for those
eligible expenses incurred during the contract period which are directly
attributable to the completed portion of the services covered by this
agreement, and shall pay the Contractor a portion of any authorized fee
determined by dividing the actual eligible cost of the services actually
and satisfactorily performed by the estimated reimbursable cost of the
total services contracted for, and multiplying the authorized fee by the
rate thus computed.
V. EXCUSABLE DELAYS:
Except with respect to defaults of subcontractors, the Contractor shall not
be in default by reason of any failure in performance of this contract in
accordance with its terms (including any failure by the Contractor to
progress in the performance of the work) if such failure arises out of
causes beyond the control and without the default or negligence of the
Contractor. Such causes may include, but are not restricted to, acts of
God or of the public enemy, acts of the Government in either its sovereign
or contractual capacity, fires, floods, epidemics, quarantine restrictions,
strikes, freight embargoes, and unusually severe weather. In every case,
however, the failure to perform must be beyond the control and without the
fault or negligence of the Contractor. If the failure to perform is caused
by the failure of a subcontractor to perform or make progress, and if such
failure arises out of causes beyond the control of the Contractor and sub-
contractor, and without the fault or negligence of either of them, the
Contractor shall not be deemed to be in default, unless (a) the supplies or
services to be furnished by the subcontractor were obtainable from other
sources, (b) the Engineer shall have ordered the Contractor in writing to
procure such supplies or services from other sources, and (c) the
Contractor shall have failed to comply reasonably with such order. Upon
request of the Contractor, the Engineer shall ascertain the facts and
extent of such failure and, if he shall determine that any failure to per-
form was occasioned by any one or more of the said causes, the delivery
schedule shall be revised accordingly.
(Revised 3/84) 3 of 14
VI. NON -COLLUSION:
The Contractor warrants that he has not employed or retained any company or
person, other than a bona fide employee working for the Contractor, to
solicit or secure 'this agreement, and that he has'not paid or agreed to pay
any company or person, other than a bona fide employee, any fee, com-
mission, percentage, brokerage fee, gift, or any other consideration, con-
tingent upon or resulting from the award or making of this agreement. If
the Contractor breaches or violates this warranty, the Department shall
have the right to annul this agreement without liability, or, in its
discretion, to deduct from the agreement price or consideration, or other-
wise recover the full amount of such fee, commission, brokerage fee, gift,
or contingent fee.
VII. CONTRACT PERIOD ESTABLISHED:
All work and services required under this
effective date and completed no later than
on the Contract face page or a timely CCN.
VIII. COST PROVISIONS:
A.
B.
contract shall be begun after its
the termination date specified
Only those costs allowable under applicable Federal cost principles are
eligible for reimbursement under this contract. Applicability of cost
principles is determined by the identity of the Contractor: If the
Contractor is an agency of state or local government, the applicable
cost principles are contained in Office of Management and Budget
Circular A-87, "Cost Principles Applicable to Grants and Contracts with
State and Local Governments. If the Contractor is a college, univer-
sity or other educational instructor, the applicable cost principles
are contained in OMB Circular A-21, "Cost Principles for Educational
Institutions." If the Contractor is a nonprofit organization
(excluding any organization to which the prior principles apply), the
applicable cost principles are contained in OMB Circular A-122, "Cost
Principles for Nonprofit Organizations." Those principles that apply
to this Contractor are incorporated as part of this agreement.
To be eligible for reimbursement under this contract, a cost must have
been incurred within the contract period, paid by the Contractor prior
to claiming reimbursement from the Department, and claimed by the
Contractor within 60 days of the end of the calendar quarter in which
it was paid, and in no 'case later than 60 days from the end of the
contract term. A cost is incurred when the Contractor's employee or
subcontractor performs the service required, or when goods are received
by the Contractor, notwithstanding the date of order or date of
payment.
IX. METHOD OF PAYMENT:
One of the methods of payment and associated conditions below will apply to
this agreement:
(Revised 3/84) 4 of 14
A. LUMP SUM - The Contractor agrees to perform the work specified and to
accept as payment a fixed dollar amount.
B. COST PER UNIT OF WORK The Contractor agrees to perform the work spe-
cified and to accept as payment a specified unit price for each unit of
work performed.
C. COST PLUS A FIXED FEE AMOUNT- The Contractor agrees to perform the
work specified and to accept as payment reimbursement for all valid
costs incurred in accordance with the terms of the contract plus a spe-
cified fixed fee.
D. SPECIFIC RATES OF COMPENSATION- The Contractor agrees to perform the
work previously stated and to accept payment according to a schedule of
payment rates specified in the contract.
E. COST - The Contractor agrees to perform the work previously stated and
to accept as payment a reimbursement for all eligible costs incurred
and paid in accordance with the terms of the contract.
X. TERMS AND CONDITIONS OF PAYMENT:
A. Unless otherwise specified in the Special Provisions, the Contractor
agrees to bill the Department at quarterly intervals only, using the
forms and format specified.
B. The Contractor agrees to submit no bill for work performed or material
delivered unless such bill is accompanied by a report which complies
with the requirements of this contract.
C. The Department's obligation to reimburse the Contractor is contingent
upon the U.S. DOT's making available sufficient Federal funds to meet
that reimbursement obligation, and the Contractor's costs being eli-
gible for reimbursement under both this contract and applicable Federal
regulations. If the term of this contract transends the State's fiscal
biennium, the Department's obligation to reimburse is also contingent
upon appropriation of funds by the State.
XI. INSPECTION:
The Department and, when Federal funds are involved, U.S. DOT and any
authorised representative of the Federal government, have the right, at all
reasonable times, to inspect, or otherwise evaluate the work performed or
being performed hereunder and the premises in which it is being performed.
If any inspection or evaluation is,made on the premises of the Contractor
or a subcontractor, the Contractor shall provide and shall require his sub-
contractor to provide all reasonable facilities and assistance for the
safety and convenience of the inspectors:in the performance of their
duties. All inspections and evaluations shall be performed in such a
manner as will not unduly delay the work.
(Revised 3/64) 5 of 14
XII. PROPERTY ACCOUNTABILITY:
A. The Contractor shall not purchase under this contract, any item of pro-
perty with an original cost of $250.00 or more unless specifically
authorized to do so in writing.
B. The Contractor shall establish and administer a system to control, pro-
tect, preserve, use, and maintain and dispose of any property furnished
it by the Department or purchased pursuant to this agreement in accor-
dance with its own property'management procedures, this Department's
policies governing the Texas Traffic Safety Program, and when appli-
cable, Federal Property Management Standards as set forth in Attachment
N to OMB Circular A-102, "Uniform Requirements for Assistance to State
and Local Governments." This obligation continues as long as the pro-
perty is retained by the Contractor, notwithstanding the expiration of
this contract.
C. Title to property purchased by the Contractor for use under the
contract is in the Contractor, unless this Department or the Federal
government has, in authorizing purchase of a specific item, reserved
the right to take title.
D. The Contractor must replace any property for the cost of which it
claims reimbursement if that property is necessary to full operation of
the project covered by this contract and is no longer available through
loss, theft, accident or circumstance other than normal wear. The
Contractor may provide for replacement through private insurance, self-
insurance, or any other method, at'its option.
E. When the Contractor no longer needs property purchased pursuant to this
agreement in the project or program supported by this agreement, it may
use that property in its other activities or dispose of it in accor-
dance with its property management procedures and, when applicable,
Federal property management standards. Under certain circumstances set
forth in those standards, the Contractor is required to refund monies
to the Federal government upon either certain uses of, of the disposi-
tion of, certain property. Any such refund must be made through the
Department.
XIII. RETENTION:
A. The Contractor agrees to maintain books, records, documents, and other
evidence pertaining to the costs and expenses of this contract
(hereinafter collectively called the "records") to the extent and in
such detail as is required by OMB Circular A-102. These requirements
are hereby made a part of this contract. The records will properly
reflect all net costs, direct and indirect, of labor, materials, equip -
went, supplies and services, and other costs and expenses of whatever
nature for which reimbursement is claimed under the provisions of this
contract.
(Revised 3/84) 6 of 14
J
B. The Contractor agrees to make available at the office'of the Contractor
at all reasonable times during the contract period, and for the period
set forth in paragraph C below, any of the records for inspection,
audit, orreproduction by the Department,, U.S. DOT, and any authorized
representative of the Federal government.
C. If this contract is completely or partially terminated, the records
relating to the work terminated shall be preserved and made available
for a period of three years from the date of any resulting final
settlement.
D. Records which related to (1) any question under the "Disputes" clause
of this contract, (2) litigation of any claim arising out of the per-
formance of this contract, or (3) any cost or expenses of this contract
as to which exception has been taken on audit, shall be retained by the
Contractor until such appeal, litigation, or exception has been finally
resolved or adjudged.
E. The Contractor further agrees to include in each of his subcontracts in
excess of $10,000.00 in total value, a provision to the effect that
the subcontractor agrees that the Department, U.S. DOT, and any
authorized representative of the Federal government shall, until the
expiration of three years after final payment under the subcontract,
have access to and the right to examine any directly pertinent books,
documents, papers, and records.
XIV. OWNERSHIP OF DATA AND CREATIVE MATERIAL:
All data and materials created or collected under the terms of the
agreement shall become the property of the Department and copies of such
data and material shall be furnished to the Department on request.
XV. REPORTS:
A. Before publication or printing, the final draft of any report required
under the contract schedule shall be submitted to the Department for
review and concurrence. Review and approval by the U.S. DOT will be
coordinated by the Department prior to returning comments or approvals
to the Contractor. All recorded information which is produced in the
performance of this agreement shall be the sole property of the
Department. Reports or other such information are material in the
public domain, and shall not be copyrighted or restricted as to distri-
bution and reproduction. The Contractor shall furnish the Department
with the quantity of copies of the report specified in the contract.
B. Each report covered by paragraph A must include the following state-
ments on the cover page:
(Revised 3/84) 7 of 14
i
1. State projects: "This report was prepared in cooperation with the
State Department of Highways and Public Transportation." For
Federally funded projects, add to the above quote either:" ... and
the National Highway Traffic Safety Administration of the U.S.
Department of Transportation'," or "...and the Federal. Highway
Administration of the U.S. Department of Transportation," as may be
appropriate.
2. "The conclusions and opinions expressed in this document are
of the author, and do not necessarily represent those of the
of Texas, the State Department of Highways and Public
Transportation or any political subdivision of the State or
government."
XVI. EQUAL OPPORTUNITY:
those
State
Federal
A. Compliance with Regulations: The Contractor shall comply with the
Regulations relative to nondiscrimination in Federally -assisted
programs of U.S. DOT, Title 49, Code of Federal Regulations, Part.21
and Title 23, Code of Federal Regulations, Part 710.405(b), 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.
B. Nondiscrimination: The Contractor, with regard to the work performed
by it during the contract, shall not discriminate on the grounds of
race, color, sex, or origin in the selection and retention of sub-
contractors, including procurements of materials and leases of equip-
ment. The Contractor 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.
C. Solicitation for Subcontracts, Including Procurements of Materials and
Equipment: In all solicitation either by competitive bidding or nego-
tiation made by the Contractor for work to be performed under a sub-
contract, including procurements of materials or leases of equipment,
each potential subcontractor' or supplier shall be notified by the
Contractor of the Contractor's obligations under this contract and the
Regulations relative to nondiscrimination on the grounds of race,
color, sex, or national origin.
D. Information and Reports: The Contractor shall provide all information
and reports required by the Regulations or in directives issued pur-
suant thereto, and shall permit access to its books, records, accounts,
other sources of information, and its facilities as may be determined
by the Department or by U.S. DOT to be pertinent to ascertain
compliance with such Regulations or directives.Where any information
required of a Contractor is in the exclusive possession of another who
fails or refuses to furnish this information, the Contractor shall so
certify to the Department or the U.S. DOT, as appropriate, and shall
set forth what efforts it has made to obtain the information.
(Revised 3/84) 8 of 14
E. Sanctions for Noncompliance: In theevent of the Contractor's non-
compliance with the nondiscrimination provisions of this contract, the
Department shall impose such contract sanctions as it or U.S. DOT may
determine to be appropriate, including, but not limited to:
1. withholding of payments to the Contractor under the contract until
the Contractor complies; and,
2. cancellation, termination, or suspension of the contract in whole
or in part.
F. Incorporation of Provisions: The Contractor shall include the provi-
sions of paragraphs A) through (F) in every subcontract, including
procurements of materials and leases of equipment, unless exempt by the
Regulations, or by directives issued pursuant thereto. The Contractor
shall take such action with respect to any subcontract or procurement
as the Department or U.S. DOT may direct as a means of enforcing such
provisions, including sanctions for noncompliance; provided, however,
that in the event a Contractor becomes involved in or is threatened
with litigation with a subcontractor or supplier as a result of such
direction, the Contractor may request the Department to enter into such
litigation to protect the interests of the State; and, in addition, the
Contractor may request the United States to enter into such litigation
to protect the interests of the United States.
XVII. OVERTIME COMPENSATION:
This contract, to the extent that it is of a character specified in the
Contract Work Hours Standards Act (40 U.S.C. 327-300), is subject to the
following provisions and to all other applicable provisions and exceptions
of such Act and the regulations of the Secretary of Labor thereunder.
A. Overtime Requirements - No contractor or subcontractor contracting for
any 'part of the contract work which may require or involve the
employment of laborers or mechanics shall require or permit any laborer
or mechanic in any workweek in which he is employed on such work to
work in excess of eight hours in any calendar day or in excess of forty
hours in such workweek on work subject to the provisions of the
Contract Work Hours Standards Act unless such laborer or mechanic
receives compensation at a rate not less than one and one-half times
the normal hourly rate for each hour of work in excess of eight hours in
any calendar day, or in excess of forty hours in such workweek,
whichever is the greater number of overtime hours. _
B. Records - The Contractor shall maintain payroll records containing the
information necessary to show compliance with the above requirements
for the period specified in General Provision XIII: Retention.
XVIII. CONVICT LABOR:
In connection with the performance of work under this contract, the
Contractor agrees not to employ any person serving a sentence of imprison-
ment at hard labor.
(Revised 3/84) 9 of 14
XIX. SUBCONTRACTING:
A. The Contractor shall not subcontract or sublet any portion of this
contract without the prior approval, in writing, of the Engineer.
B. The U.S. DOT may require that it approve any subcontract for personal
or professional services prior to execution and initiation of work
under it. This review may take up to thirty (30) days and shall con-
sider, in part, the following matters:
1. Determination of the subcontractor's qualifications including resi-
dent manpower and ability to complete the work within the time
allotted;
2. Manner of selection from those qualified to perform the service;
3. Necessity for subcontracting; and
4. Review of the subcontract, to ensure that (a) minimum terms of the
prime contract have been incorporated into the subcontract, and (b)
the Contractor's price breakdown includes costs.(if any) for per-
sonal services, subcontract, commodities, other direct costs,
indirect costs, and profit.
C. Pre -award audit is required when subcontracts exceed $25,000.00 in
total value.
D. No subcontract will relieve the Contractor of his responsibility under
this contract.
XX. UTILIZATION OF SMALL BUSINESS CONCERNS:
A. It is the policy of the United States Government as declared by the
Congress that a fair proportion of the purchases and contracts for
supplies and services for the government be -placed with small business
concerns.
B. The Contractor agrees to accomplish the maximum amount of subcontracting
to small business concerns that the Contractor finds to be consistent
with the .efficient performance of this contract.
XXI. ORDER OF PRECEDENCE:
In the event of an inconsistency between provisions of this contract, the
inconsistency shall be resolved by giving precedence in the following
order:.
A. Texas Traffic Safety Program Contract Form, File 18.133
B. Statement of Work
(Revised 3/84) 10 of 14
C. Special Provisions
" D. General Provisions
XXII. ASSIGNMENT AND TRANSFER:
The Contractor shall not assign, sell, transfer or otherwise dispose of this
contract or any portion of it, or his rights, title or interest in it,
without the approval of the Commission. Each party binds himself.and his
partners, successors, administrators and executors.
XXIII. CANCELLATION:
The Department may cancel this contract if the Contractor violates any of
the laws of the United States of America or the State of Texas. In such
event, the Contractor shall be reimbursed only for those costs incurred
prior to the contract's cancellation, computed as set forth in General
Provision IV: Conditions for Termination Prior to Completion.
XXIV. CONTRACTOR'S LIABILITY:
The Contractor shall be liable for any loss of, or injury to, any material
acquired, provided, developed or serviced under this contract which is
caused by the Contractor's failure to exercise such care in regard to said
material as a reasonably careful owner of similar materials would exercise.
XXV. HOLD HARMLESS:
(Does Not Apply If Contractor Is A State Agency.) The Contractor is an
independent Contractor and not an agent, servant, or employee of the State.
The Contractor shall hold the State and its representatives harmless from
all suits, actions or claims of any kind brought on account of any person
or property in consequence of any neglect in safeguarding the work, or of
any act or omission by the Contractor or its employees, or from any claims
or amounts arising or recovered under Workmen's Compensation Laws or any
other law, bylaw, ordinance, regulation, order, or decree. The Contractor
shall be responsible for all damage to property and personal injury of any
kind resulting from any act, omission, neglect, or misconduct of any
employee or agent of the Contractor in the manner or method of performing
the work for the period of the contract.
XXVI. TAX AND COMPENSATION LIABILITY:
Nothing herein contained shall be construed as incurring for the Department
or the State any liability for Workmen's Compensation, F.I.C.A.,
Withholding Tax, Unemployment Compensation, or any other payment which
would be required to be paid by the Department of the State if the
Department and the Contractor were standing in an employer-employee rela-
tionship, and the Contractor hereby agrees to assume and pay all such
liabilities.
(Revised 3/84) 11 of 14
XXVII. REIMBURSEMENT OF ELIGIBLE EXPENDITURES:
A. Upon written application by the Contractor and approval by the
Department, the Department shall obligate funds for reimbursement of
eligible expenditures as set forth in the application.
B. The Contractor shall refund to the Department any funds the Contractor
claims and receives from the Department for the reimbursement of costs
which are determined by a State or Federal audit to be ineligible for
reimbursement.
C. The Department shall have the right to withhold all or part of any
future payments to the Contractor to offset any reimbursement made to
the Contractor for any ineligible expenditures and not refunded to the
Department by the Contractor.
XXVIII. APPLICATION OF THE HATCH ACT:
It is mutually agreed and promised that the Contractor shall notify every
employee of the Contractor whose principal employment is in connection with
any traffic safety project financed in whole or in part under the Highway
Safety Act of 1966, of the provisions of the Hatch Act, 18 U.S.C. Section
595.
XXIX. STANDARDS FOR CONTRACTOR FINANCIAL MANAGEMENT SYSTEMS:
Contractor financial management systems shall meet or exceed the require-
ments of OMB Circular A-102. Those requirements include, among others:
A. Accurate, current, and complete disclosure of the financial results of
each grant program in accordance with Departmental reporting
requirements;
B. Records which identify adequately the source and application of funds
for grant -supported activities. These records shall contain information
pertaining to grant awards and authorization, obligations, commitments,
assets, liabilities, outlays, and income;
C. Effective control over and accountability for all funds, property, and
other assets. The Contractor shall adequately safeguard all such
assets and shall assure that they are used solely for authorized
purposes;
D. Comparison of actual with budgeted amounts for each contract, and rela-
tion of financial information to performance or productivity data,
including the production of unit cost information whenever appropriate
and required by the grantor agency;
E. Procedures for determining the eligibility for reimbursement and
proper allocation of costs;
F. Accounting records which are supported by source documentation;
(Revised 5/88) 12 of 14
G. Audits to be made by the Contractor or at its direction to determine,
at a minimum, the fiscal integrity of financial transactions and
reports, and the compliance with laws, regulations, and administrative
requirements. The Contractor will schedule such audits with reasonable
frequency, usually annually, but not less frequently than once every
two years, considering the nature, size and complexity of the activity;
and
H. A systematic method to assure timely and appropriate resolution of audit
findings and recommendations.
XXX. PROCUREMENT PROCEDURES:
A. All procurement transactions for supplies, equipment or services,
whether negotiated or advertised and without regard to dollar value,
shall be conducted to provide maximum open and free competition con-
sistent with efficient and economical program management in accordance
with applicable State and Federal laws and regulations. The Contractor
should be alert to organizational conflicts of interest or noncom-
petitive practices among providers which may restrict or eliminate com-
petition or otherwise restrain trade.
B. The Contractor shall use its own procurement procedures which reflect
applicable State and local laws and regulations, provided that those
procedures conform, as a minimum, to the requirements of OMB Circular
A-102, Attachment 0.
C. The Contractor shall provide the Department with a copy of its proce-
dures for any procurements authorized under this contract which will
exceed $250.00 in value. The Department will review those procedures
to determine that the Contractor's procurement system meets applicable
criteria. No costs associated with such procurements made by the
Contractor prior to the Department's determination of compliance are
eligible for reimbursement.
D. Proposed procurement actions in excess of $250.00 must be reviewed and
approved in writing by the Department prior to accomplishment of the
procurement to avoid the purchase of unnecessary or duplicative items.
No costs associated with such procurements made by the Contractor
without the Department's written approval are eligible for reimburse-
ment. Inclusion in a contract executed by the Department is considered
approval in writing.
E. Contractors shall maintain records sufficient to detail the significant
history of a procurement, and shall provide the Department with a copy
of those records. The record shall include, at a minimum, information
documenting the Contractor's rationale for the method of procurement,
the selection of contract type, the selection or rejection of provider
applicants, and the basis for the cost or price. The Contractor shall
maintain these records as required by General Provision XIII:
Retention.
(Revised 3/84) 13 of 14
}
XXXI. MINORITY BUSINESS ENTERPRISE:
It is the policy of the Department of Transportation that Minority Business
Enterprises as defined in 49 CFR Part 23, Subpart A, shall have the maximum
opportunity to participate in the performance of contracts financed in whole
or in part with Federal funds. Consequently, the Minority Business
Enterprise requirements of 49 CFR Part 23, exclusive of Subpart D, apply to
this contract as follows:
The contractor agrees to insure that Minority Business Enterprises as
defined in 49 CFR Part 23, Subpart A, have the maximum opportunity to par-
ticipate in the performance of contracts and subcontracts financed in whole
or in part with Federal funds. In this regard, the Contractor shall take
all necessary and reasonable steps in accordance with 49 CFR Part 23, exclu-
sive of Subpart D, to insure that Minority Business Enterprises have the
maximum opportunity to compete for and perform contracts.
The Contractor and any Subcontractor shall not discriminate on the basis of
race, color, national origin or sex in the award and performance of
contracts funded in whole or in part with Federal funds.
These requirements shall be physically included in any subcontract.
Failure to carry out the requirements set forth above shall constitute a
breach of contract and, after the notification of the Department, may result
in termination of the contract by the State or other such remedy as the
State deems appropriate.
(Revised 3/84) 14 of 14
4�
Attachment 3
e
SPECIAL PROVISIONS
1. State Department of Highways and Public Transportation
Commission policy mandates that employees of the Department
shall not accept any benefits; gifts or favors from any
person doing business or who 'reasonably speaking may do
business with the State under this contract.
The only exceptions allowed are ordinary business lunches
and items that have received the advanced written approval
of the State Department of Highways and Public
Transportation Engineer -Director.
Any person doing business with or who may reasonably
speaking do business with the State under this contract may
not make :any offer of benefits, gifts or favors to
Departmental employees, except as mentioned hereabove.
Failure on the part of the contractor to adhere to this
policy may result in the termination of this contract.
2. The maximum amount payable under this contract is contingent
upon the availability of appropriated funds.
3. The Grantee shall comply with the requirements of the Single
Audit Act of 1984, P.L. 98-502, ensuring* that the single
audit report includes the coverage stipulated in paragraphs
6, 8, and 9 of OMB Circular No. A-128.
4. For out of state travel expenses to be reimbursable, the
Contractor must have obtained the approval of the Department
prior to the beginning of the trip. A copy of the
documentation of that approval must accompany the request
for reimbursement.
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STEP ESTIMATED BUDGET
!. (Not a part of the contract)
CITY OF LUBBOCK
Contractor
ENFORCEMENT ACTIVITIES: -
I. Personal Services:
A. Enforcement (Overtime)
1. Patrol Officers: hours @ per hour--
2.
our=2. Sergeants: hours @ per hour= $
3. Lieutenants: ours @ per hour- $
B. *Staff/Supervisory Support
**1. Keypunch Operator.: -'Ll -
.560 hours @ 8.17 per hour= $12,745.20
2. Clerk Typist: hours @ per hour- $
**3. Project Director: 57 hours @ 22.19 per hour= $ 1, 264.83
C. Travel & Per Diem (State Rate
1. Travel for two people to attend two meetings called by D-18ST0
%1,000.00
II. Other Direct Costs:
*A. Mileage (not to exceed
state rate)
TOTAL CONTRACT COST:
miles @ per mile =
1
*These combined costs may not exceed 10% of the total contract amount.
**Only cost allowable under TRASER STEP.
O IN
v
2.H
Contractor Ccrtifica on
(Negotiated Contracts)
being (1)
duly sworn or under penalty of perjury under the laws of the United States,
certifies that, except as noted below, citY .gf L u b ,ark_—�... or (2)
any person associated therewith in the capacity of owner, partner, director,
officer, principal investigator, project director, manager, auditor, or any
position involving the administration of federal funds:
• is not currently under suspension, debarment, voluntary exclusion, or
determination of ineligibility by any federal agency;
• has not been suspended, debarred, voluntarily excluded or determined
ineligible by any federal agency within the past three years;
o does not have a proposed debarment pending; and
a has not been indicted, convicted, or had a civil judgment rendered
against it by a court of competent jurisdiction in any matter involving
fraud or official misconduct within the past three years.
Exceptions will not necessarily result in denial of award, but will be considered
in determining bidder responsibility. For any exception noted, indicate below
to whom it applies, initiating agency, and dates of action. Providing false
information may result in criminal prosecution or administrative sanctions.
Exceptions: (g)
Signature of certifying official
Date "
-See Reverse for Instructions.
Perm 1734
6.88
(4)
MOVED
JAN 19,49
C)• i.•. SkrrTV AV'D