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HomeMy WebLinkAboutResolution - 2494 - Agreement - TDHPT - Reversible Lane Concept Study, 34Th Street - 01/08/1987JWF:dw Resolution #2494 January 8, 1.987 Agenda Item #13 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the Mayor of the City of Lubbock BE and is hereby authorized and directed to execute for and on behalf of the City of Lubbock, an agreement to be entered into by and between the City of Lubbock and the Texas State Department of Highways and Public Transportation for the study of a reversible lane concept on 34th Street, which includes a consultant contract with Barton-Aschman Associates, Inc., 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 nth _ day of Januar_v, 1987. r c`Z� B. C. McMINN, MAYOR T: Rane to Boyd, City Secretary APPRWED AS TO FORM: q, -� � K"t k �j)UaA-x) A J. W rth Fullingim, Assistant ity A rney w° Resolution #2494 January 8, 1987 Contract Number (87) 06 -02 -B3 -AA CONTRACT FOR THE STUDY 582XXF6030 OF REVERSIBLE LANES WITHIN CITY LIMITS STATE OF TEXAS § CITY OF LUBBOCK r COUNTY OF TRAVIS § THIS CONTRACT made by and between the State of Texas acting by and through the State Department of Highways and Public Transportation, 11th and Brazos, Austin, Texas 78701, hereinafter called the "State" and the City of Lubbock, P. 0. Box 200, Lubbock, Texas 79457-2000, hereinafter called the "City," acting by and through its duly authorized officers. W I T N E S S T H WHEREAS, the City has authorized for the study of reversible lanes by Resolution No. 2321, passed on the 23rd day of May, 1986 at the location(s) shown on Exhibit 1, attached hereto and made a part of this contract. WHEREAS, the City has requested the State to assist in providing the necessary funding for the study of reversible lanes for the location described in Exhibit 1. WHEREAS, it has been determined that such study is eligible for Federal -Aid participation under the Federal Highway Administration (FHWA). AGREEMENT In consideration of the premises and of the mutual covenants and agreements of the parties hereto to be by them respectively kept and performed as hereinafter set forth, it is agreed as followed: 1. Scope of Services A. Services of the City. The City will furnish services as listed in Attachment A. "Services to be Provided by the City," attached hecto and made a part of this contract. B. Services of the State. The State will furnish services as set forth in Attachment B, "Services to Provided by the State," attached hereto and made a part of this contract. Page 1 of 8 12-86 2. Compensation A. The maximum amount payable under this contract without modifica- tion is $70,000.00. B. Only those costs incurred during the contract period shall be eligible for reimbursement. C. The City must bear all costs not eligible for reimbursement. 3. Contract Peri od This contract becomes effective on final execution by the State and shall terminate on or before unless otherwise terminated or modified as hereinafter provided. 4. Progress A. After execution of this contract, the City and its Consultant shall not proceed with the work outlined in this contract until advised in writing by the State. B. The City shall, from time to time during the progress of the work, confer with the State. The City shall prepare and present such information and studies as may be pertinent and necessary or as may be requested by the State in order to evaluate features of the work. C. Since Federal funds are to be used on this contract, the work shall be subject to periodic review by the Federal Highway Administration. D. The City shall prepare monthly progress reports (which may include a bar graph) in sufficient detail to support the progress of the work and in support of voucher requesting monthly payments. 5. Payments The City shall submit claims for reimbursement on forms provided by the State within 45 days of the end of the month in which its contractors were paid by the City, and in no case later than 60 days from the end of the contract period. 6. Audit Requirements A. The City 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. Page 2 of 8 B. A pre -award audit is required when the contract amount exceeds $50,000.00. C. The State shall prepare a final audit upon completion of the work authorized or at any time an audit is deemed to be in the best interest of the State and FHWA. 7. Subcontracting A. The City shall not subcontract or sublet any portion of this contract unless specifically approved in writing by the State and the FHWA. B. Subcontractors shall comply with all provisions of this contract and shall be made part of this contract. C. A pre -award audit is required when subcontracts exceed $50,000.00. D. All subcontracts must be approved in writing by the State. E. No subcontracts will relieve the City of its responsibilities under this contract. 8. Changes in Work A. The City shall make such revisions in the work included in this contract which has been completed as are necessary to correct errors appearing therein when required to do so by the State. No additional compensation shall be paid for this work. B. If the State finds it necessary to request changes in previously satisfactory completed work or parts thereof, the City shall make such revisions if requested and as directed by the State by supplemental agreement. This will be considered as additional work and paid for as specified under the paragraph Additional Work. 9. Additional Work A. Work not specified described under "Scope of Services" must be approved by supplemental agreement to this contract by the State before any additional work can be undertaken by the City. B. If the City is of the opinion that any work it has been directed to perform is beyond the scope of this Contract and constitutes extra work, the City shall promptly notify the State in writing. Page 3 of 8 • :. M C. In the event the State finds such work does constitute extra work, then the State shall provide extra compensation to the City for doing this additional work on the same basis as covered under the paragraph Compensation and as provided under a supplemental agreement. D. The fixed fee shall be adjusted if additional work is approved by supplemental agreement and performed by the City. 10. Civil Rights Compliance The City shall comply with the regulations of the Department of Transportation (49 CFR 21 and 23 CFR 710.405(b)) as they relate to nondiscrimination; also Executive Order 11246 titled "Equal Employment Opportunity" as amended by Executive Order 11375 and as supplemented in Department of Labor Regulation (41 CFR 60). See Attachment D, "Contract Addendum (Nondiscrimination)." 11. Minority Business Enterprise Requirements A. The City agrees to comply with the attached special provision "Minority Business Enterprise Program Requirements." See Attachment E 12. Termination of Contract A. The contract may be terminated by any of the following conditions: (1) By mutual agreement and consent of both parties. (2) By either party upon notice in writing to the other party as consequences of failure by the party to perform the ser- vices herein set forth in_a satsif act ory manner and within the limits provided, with proper allowances being made for circumstances beyond their control. (3) By the State for reasons of its own and not subject to mutual consent of the City upon not less than thirty (30) days written notice to the City. (4) By satisfactory completion of all services and obligations described herein. B. Should the State terminate this contract as herein provided, no fees other than fees due and payable at the time of termination, shall thereafter be paid to the City. In determining the value of the work performed by the City prior to termination, the Page 4of8 • :. 0 State shall be the sole judge. Payment for work at termination will be based on work°comlp�leted at that time. Should the State terminate this contract under Paragraph 11(3), the amount charged during the thirty -day notice period shall not exceed the amount charged during the preceding thirty days. C. If the City defaults in performance of this contract or the State terminates the contract for fault on the part of the City, the State will give consideration to the actual costs incurred by the City in performing work to date of default, the amount of work required which was satisfactorily complete to date of default, the value of the work which is usable to the State, the cost to the State of employing another firm to complete the work required and the time required to do so. D. The termination of this contract and payment of an amount in settlement as prescribed above shall extinguish all rights, duties, obligations and liabilities of the State and the City under this contract. If the termination of this contract is due to the failure of the City to fulfill its contractual obliga- tions, the State may take over the project and prosecute the work to completion by contract or otherwise. In such case, the City shall be liable to the State for any additional cost occa- sioned the State. 13. Disputes. Should disputes arise as to work under scope of ser- vices or additional work under this contract, the State's deci- sion shall be final and binding. 14. Ownership of Documents. Upon completion or termination of this contract, all documents prepared by the City or furnished to the City by the State shall be delivered to and become the property of the State. All basic sketches, charts, calculations, plans, specifications and other data prepared under this contract shall be made available, upon request, to the State without restric- tion or limitation on their further use. The City may, at its own expense, have copies made of the documents or any other data he has furnished the State under this contract without restric- tion or limitation on their further use by him. 15. Compliance with Laws. The City shall comply with all Federal State and local laws, statutes, ordinances, rules and regula- tions, and the orders and decrees of any courts, or administra- tive bodies or tribunals in any matter affecting the performance of this contract, including, without limitation, workmen's com- pensation laws, minimum and maximum salary and wage statutes and regluations, and licensing laws and regulations. When required, the City shall furnish the State with satisfactory proof of its compliance therewith. Page 5 of 8 16. State Indemnified. To the extent permited by law, the City agrees to indemnify and save harmless the State from all claims and liability due to activities of himself, his agents, or employees, performed under this contract and which result from an error, omission, or negligent act of the City or of any per- son employed by the City. The City shall also save harmless the State from any and all expenses, including attorney fees which might be incurred by the State in litigation or otherwise resisting said claim or liabilities which might be imposed on the State as the result of such activities by the City, its agents, or employees. 17. Successors and Assigns. The State and the City each binds itself, its successors, executors, administrators and assigns to the other party to this contract and to the successors, execu- tors, administrators and assigns of such other party in respect to all covenants of this contract. Neither the State nor the City shall assign, sublet, or transfer its interest in this contract without written consent of the other. 18. Inspection of City's Books and Records. The State shall, for purpose of termination of the contract prior to completion, ex- amine the books and records of the City for the purpose of checking the amount of the work performed by the City at the time of contract termination. The City shall maintain all books, documents, papers, accounting records and other evidence pertaining to cost incurred and shall make such materials available at their office during the contract period and for three (3) years from the date of final payment under the contract, for inspection by the State, the Federal Highway Administration and the Department of Transportation, Office of Inspector General, the Comptroller General of the United States, or any of their duly authorized representatives, shall have access to all records of the City which are directly pertinent to this contract for the purpose of making audit, examinations, excerpts and transcriptions. 19. City's Warrant. The City warrants that it has not employed or retained any company or persons, other than a bona fide employee working solely for the City, to solicit or secure this contract and that it has not paid or agreed to pay any company or person, other than a bona fide employee working solely for the City, any fee, commission, percentage, brokerage fee, gifts, or any other consideration, contingent upon or resulting from the award or making of this contract. For breach or violation of this warranty, the State shall have the right to annul this contract without liability or, in its discretion, to deduct from the contract price or compensation, or otherwise recover, the full amount of such fee, commission, percentage, brokerage fee, gift, or contingent fee. Page 6 of 8 • :. 20. Insurance. The City shall require its contractor and sub- contractors to secure "'4 policy of insurance in the maximum sta- tutory limits for tort liability, naming the State as an additional insured under its terms. The City shall require any and all its contractors engaged in the development of the rever- sible lanes to maintain insurance for payment of any damages for which they are liable. The City's contractors shall furnish the State's Certificate of Insurance (Form 1560) and shall maintain the insurance during the contract period as established in Paraghraph 1. 21. Supplemental Agreements. Any changes in the time frame, character, costs, or scope of services authorized herein shall be enacted by written supplemental agreements before any addi- tional work may be performed or additional costs incurred. All supplemental agreements must be executed by both parties within the contract period established in Paragraph 1. 22. Gratuities. State Highway and Public Transportation Commission policy mandates that employees of the State 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 writ- ten 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 State employees, except as mentioned hereabove. Failure on the part of the City to adhere to this policy may result in the termination of this Contract. 23. Legal Construction. In case any one or more of the provisions contained in this contract shall for any reason, be held to be invalid, illegal, or unenforceable in any respect, such invali- dity, or unenforceability shall not affect any other provision thereof and this contract shall be construed as if such invalid, illegal, or unenforceable provision had never been contained herein. 24. Prior Contracts Superseded. This contract constitutes the sole and only agreement of the parties hereto and supersedes any prior understandings or written or oral agreements between the parties respecting the within subject matter. Page 7 of 8 • :. IN WITNESS WHEREOF, the parties to this Contract for the Study of Reversible Lanes have signed duplicate counterparts. The City of Lubbock By: Z (� . 4 c C B. �g(�cMINN M ayor, City of Lubbock yped Name and Title January 8, 1987 Date ATTEST: City, `-\Secretary APPROVED AS TO CONTENT: avid E. aKosIey, Traffic Engineer APPROVED AS TO FORM: t' f — . ,J. wpi-tp tuiIingim Assyst nt City Attorney The State of Texas Certified as being executed for.the purpose 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. By: Henry A. Thomason, Deputy Director, Field Operations Date Page 8 of 8 CERTIFICATION OF CITY OF LUBBOCK I hereby certify that I am the Mayor and duly authorized representative of the City of Lubbock, whose address is P. 0. Box 2000, Lubbock, Texas 79457-2000, and that neither I nor the above City I here represent has: (a) employed or retained for a commission, percentage, brokerage, con- tingent fee, or other consideration, any firm or person (other than a bona fide employee working solely for me or the City's consultant) to solicit or secure this contract; (b) agreed, as an express or implied condition for obtaining this contract, to employ or retain the services of any firm or person in connec- tion with carrying out the contract, or (c) paid, or agreed to pay, to any firm, organization or person (other than a bona fide employee working solely for me or the City's consultant) any fee, contribution, donation, or consideration of any kind for, or in connection with, procuring or carrying out the contract: except as here expressly stated (if any): I acknowledge that this certificate is to be furnished to the State Department of Highways and Public Transportation and the Federal Highway Administration, U.S. Department of Transportation, in connection with this Contract involving participation of Federal -Aid highway funds, and is sub- ject to applicable State and Federal laws, both criminal and civil. January 8, 1987 �• C./ z/}�� (Date) (Signature) B. C. McMINN, MAYOR City of Lubbock • :. CERTIFICATION OF STATE DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION I hereby certify that I am the of the Department of Highways and Public Transportation of the State of Texas, and that the City or its representative has not been required, directly or indirectly as an express or implied condition in connection with obtal.ning or carrying out this contract to: (a) employ or retain, or agree to employ or retain, any Firm or person, or (b) pay, or agree to pay, to any Firm, person, or organization, any fee, contribution, donation, or consideration of any kind; except as here expressly stated (if any): 1 acknowledge that this certificate is to be furnished to the Federal Highway Administration, U.S. Department of Transportation, in connection with this Contract involving participation of Federal -Aid highway funds, and is subject to applicable State and Federal laws, both criminal and civil. (Date MIR (Signature ra ATTACHMENT A SERVICES TO BE PROVIDED BY THE CITY The City shall provide the following services: (1) Conduct a study for the feasibility of a reversible lane through the services of a qualified traffic consultant accep- table by the State. (2) Select its consultant through procedures in full compliance with Article 6444-4, Vernon's Texas Civil Statutes, "Professional Services Procurement Act"; The Federal Procurement Standards established in Article 0 of the U.S. Office of Management and Budget Circular A-102, "Uniform Requirements of Assitance to State and Local Governments" and, to the extent applicable "Federal Aid Highway Program Manual 1-7-2, "Administration of Negotiated Contracts." (3) Negotiate a subcontract with its consultant. The consultant will furnish engineering services as set forth in Attachment.C, "Services to be Provided by the Consulting Engineer," attached hereto and made a part of the original Contract. (4) Submit the proposed subcontract with the consultant to the State and FHWA for review and approval prior to its execution. (5) Provide three (3) copies of the consultant's draft report and five (5) copies of the consultant's final report to the State's local District Office for review and distribution. (6) Review the consultant's draft report, discuss recommendations with the State's local District Engineer or representative, and notify the consultant of the acceptance of the draft report including modifications from the City, the State and FHWA, if any, for final printing. • :. ATTACHMENT B SERVICES TO BE PROVIDED BY THE STATE The State will provide the following services: (1) Review the City's consultant's draft study report and provide a copy of the report to FHWA. The State will, through its local District Engineer or representative, authorize the City to accept the draft report. (2) Reimburse the City 95% of those eligible program costs included on each of the City's monthly reimbursement claims upon receipt and approval of that claim. (3) Reimburse the City the 5% retainer upon the State's receipt of the acceptable required copies of the City's consultant's final report shall be approved by the City, and have a notice of final acceptance of the work done under this contract from FHWA and the State. (4) Assist the City in preparing its claims for reimbursement of costs incurred. (5) Monitor and evaluate the City's compliance with the performance obligations and fiscal requirements of this Contract. MM j �: Attac'rient C SERVICES TO BE PROVIDED BY THE C0.dsuLTING ENGINEER 34th STREET REVERSIBLE LANE AND CORRIDOR STUDY WORK PROGRAM The 34th Street route study work program is divided into five tasks. Each task is outlined below in severalwork steps. The project limits for the study shall be between Avenue Q and Slide Road. Task 1: Identify Problem Locations and Potential Improvements Subtasks 1.1 Discuss perceived or known problems for the 34th Street corridor with transpor- tation agencies having jurisdiction on route; also discuss past studies, planned improvements, and other relevant information. 1.2 Review past studies and pians for route improvements. Assemble available data from "City and other agency files (see Table 1). standard forms and procedures developed by the city or SDHPT 1.3 Prepare forms and procedures for conducting necessary additional surveys. Ani will be used to be compatible with the agency's other data. The most recent editions of The Manual of Traffic Engineering Studies published by the Institute of Transportation :ngineers describes procedures and contains sample forms for most likely data collection activities; these or other similar procedures prepared previously by the consultant will be used if the city has no specific procedures or forms. I.4 Review procedures and forms with city staff. 1.5 Refine procedures and forms as appropriate and conduct field surveys. 1.6 Conduct thorough field reconnaissance during peak and other periods experiencing traffic problems; also observe daytime off-peak traffic operations during typical weekdays (Monday through Friday). 1.7 Conduct A.M. and P.M. peak period reconnaissance of traffic operations on route during typical weekdays (Monday through Friday). Each location appearing to have traffic flow problems should be observed for at least 15 minutes to enable proper assessment of problems and causes. This subtask will be conducted by experienced senior traffic engineers. The reconnaissance should include both route and inter- section and driveway evaluations. Identify candidate TSM actions which could potentially alleviate existing problems and/or increase capacity. 1.8 Summarize findings and review in meeting with city staff; reach agreement on what types of TSM actions will be studied. Output Determination of problems (or opportunities) to be studied and potential TSV actions to improve traffic flow. 1 of 6 Table 1 DATA AND MAPS TO BE PROVIDED BY CITY FOR 34TH STREET CORRIDOR -- Available recent and historic traffic counts -- Accident summaries (last two years) -- Past studies and proposed improvements, including known commitments -- Traffic impact studies for proposed developments -- aerial photograph reproducibles (1" = 2001) - Reproducible planimetric maps (1" = 100' or 1" = 200' as needed) -- City design standards -- CIP (roadway) list and other tentative improvements -- Traffic signal inventory -- SDHPT traffic projections, as selected by City -- City data summary forms -- Right-of-way maps -- As -built plans, as available 2 of 6 Task 2: Collect Appropriate Data Subtasks 2.1 Identify needed data to be collected and locations on route sections where. -it should be collected (see Table 2 for list of potential data to be collected). 2.2 Collect data identified in Task 2.1. 2.3 Summarize data and observations. Correlate findings. Output Inventory data and engineering commentary on each of the selected problem locations as well as the route. Task 3: Analyze Observations and Data Subtasks 3.I Analyze data and observations summarized in Task 2 to confirm the extent of problems (or opportunities). Key factors to be reviewed should include level of service, stops and delays, travel time and speed, traffic diversion or shortcutting, frequent traffic law violations resulting from congestion or delays, signing, signal phasing and progression, sight distance, etc. 3.2 Determine causes of deficiencies and potential solutions. 3.3 Determine cpportunities and alternatives to increase corridor capacity through spot and/or route improvements on study route. 3.4 Review findings of Tasks 2 and 3 with city staff. Output Files for route and spot locations containing detailed analyses and identification of The same information will be problem causes and extents and potential solutions. available where no existing deficiency is present, but where significant opportunity exists for increasing capacity or reducing travel time, or otherwise improving traffic flow. Task 4: Test Potential TSM Actions and Develop Recommendations Subtasks 4.I Evaluate alternative improvements in terms of resulting level of service, travel time and speed, stops and delays, and route capacity increase. Evaluate impacts on pedestrian, bicycle, and transit. Also consider relative cost, right-of-way, land- use/neighborhood impacts, and institutional considerations; expeditious implement - ability should be given priority. 3 of d Table 3 POTENTIAL DATA TO 8E COLLECTED FOR 3�7 H STREET Corridor and Route Data -- Twenty-four hour counts as necessary, including hourly data for selected locations; pedestrians will be included where there is substantial activity -- Peak and off-peak turning movement counts -- Speed -delay runs -- Speed limits -- Transit routes, headways, bus stops, and transit centers *Major traffic generators -- 2oadway cross-sections (pavement, right-of-way) -- Curb parking conditions Intersection lata (for locations to be studied for improvement; recorded on appropriate forms) -- Pavement widths -- Alignments -- Traffic lanes -- Bus stops, loading zones, parking -- Right-of-way widths -- Level of pedestrian activity -- .Accident collision diagrams -- Engineering judgments as to problems, magnitude of problems, potential solutions — Traffic control devices — Turn restrictions — Signal phasing, timing, controller types — Adjacent land -use (general) — General pavement condition — Sight distance limitations -- Sidewalk conditions — Driveway locations 4of6 �:' Prepare rough scaled schematic drawings of both typical and specific physical improvements. Drawings will be suitable for inclusion in the final report and will Include critical dimensions, traffic control device locations, existing and recom- mended geometries, and approximate right-of-way requirements, if any. 4-.3 Prepare in tabular form a listing by location indicating problems and yeco'mmended actions. Include estimates of benefits. 4.0 Review tentative recommendations with city staff. �.5 Prepare presentation materials for public meeting with City Council and/or other interested groups. 41.6 beet with public representatives to review findings and tentative recommendations and alternatives considered. �.7 Review public meeting input with city staff. •J Based on review input, refine recommendations and supporting material. Tables or lists of recommended improvements and actions, rough schematics, and o,er appropriate information relative to problems, needs, impacts and benefits. L)eve!oo Imlementation Strategy Review recommended actions and group into effective packages which will generate s:€nificant and .%•orthwhile traffic flow improvements. 5._ Prepare approximate cost estimates to implement recommended actions for each grc;;p or improvements. 5.3 Based on systematic evaluation of improvement benefits and costs, prioritize recommended actions. Review '.With city staff and identify requirements to implement each group of act.onS. 5.5 Prepare draft report summarizing findings, conclusions, and recommendations and transmit five copies for review by the city, State and FHWA. 5.6 Review draft report with city staff. 5.7 Revise draft report to address city, State and FHWA comments and print 20 copies of final report. 5.8 Prepare materials for presentation to City Council. 5.9 Present findings, conclusions and recommendations to City Council. 12-86 5 of 6 � �i Output Final report containing prioritized systematic groups of recommendations. The report should include summaries of pertinent data, analysis procedures, and findings, alternative improvements evaluated, recommended improvements, resulting benefits (and disbenefits), and estimated costs. Drawings of geometric improvements should be provided at a level of detail agreed upon prior to study initiation. Signal phasing and timing, designation of traffic control devices, and related information will be provided as necessary to support the recommended actions in the level of detail desired by the city. 6 of 6 !I? ATTACHMENT D CONTRACT ADDENDUM (NONDISCRIMINATION) During the performance of this contract, for itself, its assignees and successors in interest (hereinafter re erred to as the "City"), agrees as follows: (1) Compliance with Regulations: The City shall comply with the regula- tions relative to nondiscrimination in Federally assisted programs of the U.S. Department of Transportation, 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. (2) Nondiscrimination: The City, with regard to the work performed by it during the contract, shall not discriminate on the grounds of race, color, sex, or national origin in the selection and retention of subcontracts, including procurements of materials and leases of equipment. The City shall not participate either directly or indirectly in the discrimination prohibited by Section 21.5 and Part 710.405(b) of the Regulations, including employment practices when the contract covers a program set forth in Appendix B of the Regulations. (3) Solicitations for Subcontract, Including Procurements of Materials and Equipment: In all solicitations either by competitive bidding or negotiation made by the City for work to be performed under a subcontract, including procurements of materials or leases of equip- ment, each potential subcontract or supplier shall be notified by the City of the City's obligations under this contract and the Regulations relative to nondiscrimination on the grounds of race, color, sex, or national origin. (4) Information and Reports: The City shall provide all information and reports required by the Regulations, or directives issued pursuant thereto, and shall permit access to its books, records, accounts, other sources of information, and its facilities as may be deter- mined by the State Department of Highways and Public Transportation or the U.S. Department of Transportation to be pertinent to ascer- tain compliance with such Regulations or directives. Where any information required of a City is in the exclusive possession of another who fails or refuses to furnish this information, the City shall so certify to the State Department of Highways and Public Transportation or the U.S. Department of Transportation, as appropriate, and shall set forth what efforts it has made to obtain the information. Page 1 of 2 • :. (5) Sanctions for Noncompliance: In the event of the City's non - comp iance with the nondiscrimination provisions of this Contract, the State Department of Highways and Public Transportation shall impose such Contract sanctions as it or the U.S. Department of Transportation may determine to be appropriate, including, but not limited to: (a) withholding of payments to the City under the contract until the City complies and/or (b) cancellation, termination, or suspension of the Contract, in whole or in part (6) Incorporation of Provisions: The City shall include the provisions of paragraphs (1) through (6) in every subcontract, including pro- curements of materials and leases of equipment, unless exempt by the Regulations or directives issued pursuant thereto. The City shall take such action with respect to any subcontract or procurement as the State Department of Highways and Public Transportation or the U.S. Department of Transportation may direct as a means of enforcing such provisions including sanctions for noncompliance, provided however that in the event a City becomes involved in, or is threatened with litigation with a subcontractor or supplier as a result of such direction, the City may request the State Department of Highways and Public Transportation to enter into such litigation to protect the interests of the State; and, in addition, the City may request the United States to enter into such litigation to pro- tect the interests of the United States. Page 2 of 2 • :. ATTACHMENT E SPECIAL PROVISION MINORITY BUSINESS ENTERPRISE IN FEDERAL -AID TRAFFIC SAFETY PROGRAM PURPOSE. The purpose of this Special Provision is to carry out the U.S. Department of Transportation's policy of supporting the fullest possible participation of company's owned and controlled by minorities in U.S. Department of Transportation programs. POLICY. It is the policy of the U.S. Department of Transportation that Disadvantaged Business Enterprises, as defined in 49 CFR Part 23, Subpart D, shall have the maximum opportunity to participate in the performance of contracts financed in whole or in part with Federal funds. Consequently, the Disadvantaged Business Enterprise requirements of 49 CFR Part 23, Subpart D, apply to this contract as follows: a. The City agrees to ensure that Disadvantaged Business Enterprises (DBE), as defined in 49 CFR Part 23, Subpart D, have the maximum opportunity to participate in the performance of contracts and sub- contracts financed in whole or in part with Federal funds. In this regard, the City shall take all necessary and reasonable steps to meet the Disadvantaged Business Enterprise goal for this contract. b. The City and any subcontractors 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. c. These requirements shall be physically included in any subcontract. d. Prior to issuance of a work order to the City, the State will be furnished a letter signed by an officer of the firm which specifies the name of the eligible DBE* subcontractor(s) to be used on this project, the work to be performed by the subcontractor(s), and the estimated amount of subcontract(s). PERCENTAGE GOAL. The percentage goal for Disadvantaged Business Enterprise participation in the work to be performed under this contract is a minimum 10% of the contract amount. Failure to carry out the requirements set forth above shall constitute a breach of contract and, after notification by the Department, may result in termination of the contract by the State or other such remedy as the State deems appropriate. *The State will certify the eligibility of the DBE. EM ATTACHMENT 3 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 ter- mination of this contract. 2. The Contractor 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.