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HomeMy WebLinkAbout16288 ORD - 06/03/1981.11 AN ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECUTE A CONTRACT WITH THE STATE DEPARTMENT OF HIGH- WAYS AND PUBLIC TRANSPORTATION, OFFICE OF TRAFFIC SAFETY, TO FUND A PROGRAM OF MEASURING SKID -RESISTANCE COEFFICIENTS ON MAJOR CITY STREETS; FURTHER AUTHORIZING THE CITY MANAGER TO EXECUTE A CONTRACT BETWEEN THE CITY AND THE LOCAL DISTRICT OF THE STATE DEPARTMENT OF HIGH- WAYS AND PUBLIC TRANSPORTATION TO CARRY OUT THE AFORESAID TRAFFIC SAFETY RELATED PROJECT, AS AS MORE FULLY SET FORTH IN THE TWO SEPARATE PROGRAM CONTRACTS, A COPY OF EACH BEING ATTACHED HERETO AND MADE A PART HEREOF, MARKED EXHIBITS "A" AND "B"; AND DECLARING AN EMERGENCY. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. That the City Manager be and he is hereby authorized to execute a contract with the State Department of Highways and Public Transportation, Office of Traffic Safety, to fund a program of measuring skid -resistance coefficients on major City streets, all as _more fully set forth in the contract, a substantial copy of which is attached hereto and made a part thereof, marked Exhibit "A". SECTION 2. That the City Manager be and he is hereby authorized to execute a contract between the City of Corpus Christi and the local District of the State Department of Highways and Public Transportation to carry out this traffic safety related project, as more fully set forth in the contract,_a substantial copy of which is attached hereto, marked Exhibit "B", and made a part hereof. SECTION 3. The necessity to authorize execution of the aforesaid contracts at the earliest practicable date in order that the traffic safety projects may commence without delay creates a public emergency and an imperative public necessity requiring the suspension of the Charter rule that no ordinance or resolution shall be passed finally on the date of its introduction but that such ordinance or resolution shall be read at three several meetings of the City Council, and the Mayor having declared such emergency and necessity to exist, 16288 MICROFILMED !SEP 271,64 and having requested the suspension of the Charter rule and that this ordinance take effect and be in full force and effect from and after its passage, IT IS ACCORDINGLY SO ORDAINED, this the day of June, 1981. ATTEST: Ci Secretary APPROVED: 3 DAY OF JUNE, 1981 J. BRUCE AYCOCK, CITY ATTORNEY • - 2 - MAYOR THE CITY OF CORPUS CHRISTI, TEXAS TEXAS'TRAFF'IC SAFETY PROGRAM CONTRACT, • STATPDEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION TRAFFIC SAFETY SECTION AUSTIN TEXAS 78701 1 �\ () 3 6 I 1 2 YAIIONAI 8 1 D '- L -J L -J L lIANDARO PROJECT SKID NAME RESISTANCE INVENTORY - CITY OF CORPUS CHRISTI, NUECES COUNTY BRIEF JESCR•I'IION OF I'RU:CCI troll UI T All','.1 L 'UAll MINI , II :. Nr, Test the coefficients of friction on selected city streets in Corpus Christi and inventory the data for the various types of roadway surfaces in use. COALS To test the skid resistance coefficients of 45.4 miles of city streets MI 1111)11(N ION Ian ;N II OR DE IA I S TIF MAILMEN! OP WORK I Administrative Assessment COST CATEGORY AMOUNT FUTURE FUNDING PERIOD AMOUNT • PROPOSED PROJECT PERSONAL SERVICES PERSONAL CONTRACT SERVICES 1,917.65 2,619.58 OCT:DEC..... .. 4 TEORIOR _;OIs l i COMMODITIES - - - 81.72 JAN: MAR. APR, -JUN. 4, 000.00 OTHER DIRECTCOST ... - INDIRECT COST PROFIT ... ___ _ -- ` - <<;z:-, .,,,�; :•^ _ JUL-SEP. - - 618.98 __ CONMCA CT ERIOD To TOTALI,618.95 TOTAL 4,618.95 .9..3.OR81 TYPE OF REIMBURSEMENT SOURCES or FNNUS AUOUNI REIMBURSEMENT LIMITS t MAXIMUM AMOUNT ELIGIBLE go. LUMP SUM 4 4 oleo9 5 " I2. ❑COST nTHE I COST PER UNIT OF WORK PLUS FIXED FEE SPECIFIC RATES FEDERAL(402) OTSP 4,618.95 REIMBURSEMENT 2. NO COST CATEGORY MAY BE EXCEEDED. BY MORE THAN 6% OF THE CONTRACT TOTAL BUDGET 3. ONLY THOSE COSTS INCURRED DURING FOLLOWING PERIOD SHALL BE ELIGIBLE FOR REIMBURSEMENT: 5-1-81 To 9-30-8I ���'---777 I XI ACTUAL COST LOCAL .• .. 4. THE CONTRACTOR MUST BEAR ALL COSTS NOT ELIGIBLE FOR REIMBURSE - 1 FOR DETAILS, SEE STATEMENT OF WORK TOTAL 4, 618.95 MENT • THIS CONTRACT INCLUDES 5 ATTACHMENTS • IN THE EVENT OF ANY INCONSISTENCY OR CONFLICT BETWEEN PROVISIONS AND/OR REQUIREMENTS OF THIS CONTRACT. THE INCONSISTENCY OR CONFLICT SHALL BE RESOLVED BY ASSIGNING AN ORDER OF PRECEDENCE TO EACH. ACCORDING TO THE FORM OR ATTACHMENT IN WHICH IT APPEARS. USING THE FOLLOWING ORDER: 1. CONTRACT (THIS FORM) 2. STATEMENT OF WORK (ATTACHMENT 1) 3. GENERAL PROVISIONS (ATTACHMENT 2) - 4. SPECIAL PROVISIONS (ATTACHMENT 3) 5. OTHER • FEDERAL AND STATE REGULATIONS AND GUIDELINES SHALL BE THE BASIS FOR DETERMINING ELIGIBILITY OF COSTS • THIS CONTRACT MAY BE AMENDED ONLY BY WRITTEN AUTHORIZATION EXECUTED IN ACCORDANCE WITH OTS POLICY. THE CONTRACTOR IS HEREBY AUTHORIZED TO PERFORM WORK ON THIS PROJECT. DURING THE PERIOD CITED ABOVE. SUBJECT TO THE TERMS AND CONDITIONS OF THIS CONTRACT AND ALL APPLICABLE STATE AND FEDERAL LAWS AND REGULATIONS. SEE ATTACHED SIGNATURE SHEET �ww,,��,,+ SIGNATURE OF PERSON AUTHORIZED TO COMMIT OTS �..---�NATG8 OF PERSON AUTHORIZED TO COMMIT CONTRACTOR TITLE TITLE ,� 0 DATE CONTRACTOR TSS FORM A3.0 REVISED 5/80 TEXAS TRAFFIC SAFETY PROGRAM CONTRACT ( 811 ) 0 2 0 3 REPRESENTATIONS, CERTIFICATIONS, AND ACKNOWLEDGMENTS OD I CONTINGENT FEE (check appropriate boxes) The contractor represents (a) that it (I has. IlU has not, employed or retained any company or person tomer than a full-time bona fide employee working solely for the of feror) to solicit or secure this contract. and Ib) that it has,11 l has not, paid or agreed to pay any company or person (other than a full lime bona fide employee working solely for the contractor) any lee. commission, percentage. or brokerage fee contingent upon or result- ing from the award of this contract; and agrees to furnish information relating to hi) and (b) interpretation 01 the representation, including the term "bona fide employee". see Cocte of Federal Regulations. Title 41. Ch rote, 1. Subpart 1-1 5.) II EQUAL OPPORTUNITY. (check appropriate boxes) The contractor represents that it KI has. I J has not participated in a previous contract or subcontract subject either to the Equal Opportunity clause herein or the clause originally contained in Section 301 of Executive Order 10925• or the clause contained in Section 201 of Executive Order No 11114; that its has. T: has not• filed all required -compliance reports, and that representations, indicating submission of required compliance reports. signed by proposed subcontractors. will be obtained prior to subcontract awards III AFFIRMATIVE ACTION PROGRAM (check appropriate box) The contractor represents that (1) It l has developed and has on file :J has not developed and does not have on file at each establishment.afhrmative action programs as required by the rules and regulations of the Secre- tary of Labor (41 CFR 60-1 and 60-2), or (2) it ❑ has not previously had contracts subject to the written affirm- ative action program requirement of the rules and regulations of the Secretary of Labor. IV. CERTIFICATION OF NONSEGREGATED FACILITIES The contractor certifies that it does riot maintain or provide for employees' facilities which are segregated on the basis of race. color. religion. sex or national angin, 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. V The contract recipient -Igrees as a necessary condition for reimbursement of costs, to prepare monthly and/cr quarterly progress reports in a timely manner, and in accordance with instructions furnished by the Texas Office of Traffic Safety ' VI. CLEAN AIR ACT COMPLIANCE: For all contracts in excess of S100,000. 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 OTS and the Regional Office of the Environmental Protection Agency VII. PRINCIPAL PLACE OF PERFORMANCE: The location of the plant or place of business where the item(s) will be produced or the principal services will be performed under the contract Is: CITY Corpus Christi COUNTY Nueces STATE Texas VIII ASSURANCE. The contract recipient hereby assures compliance with all terms. conditions and general and special provisions for this contract, including attachments SIGNATURE OF PERSON AUTHORIZED TO COMET CONTRACTOR DATE CONINAP ION'S PROJECT DIRFCON NAME/111LE ADDRESS/CUY/PHONE NO DATE ,iiACHMENT B Page 3 of 3 ( 81) 0 2 0 3 The contractor is hereby authorized to perform work on this project during the period cited above, subject to the terms and conditions of this contract and all applicable state and federal laws and regulations. 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: APPROVED: BY: Signature of Person Authorized Assistant Engineer—Director to Commit Contractor City Manager Title City of Corpus Christi, Texas Contractor APPROVED: APPROVE ATTEST: City Secretary Executed and approved for the State Highway and Public Transportation Commission under authority of Commission Minute 77446 and Administrative Order 16-80. RECOMMENDED FOR EXECUTION: Director, Finance Chief Engineer of Safety and Maintenance Operations Date TEXAS TRAFFIC SAFETY PROGRAM CONTRACT ATTACHMENT 1 ' ' STATEMENT OF WORK(m) (012 j 0 13 0 f1 i tNCt.OE fou E STONE SCMEOuLE AND ME MOD LP 1 VAL UN ION I. The Traffic Safety Section (T.S.S.), State Department of Highways and Public Transportation, shall: (A) Reimburse the city for all allowable costs (up to the limit shown on Page 1 of this contract), extended for the following: 1. Skid Resistance Testing 2. Police Officers Salaries B Benefits 3. City Traffic Engineering Technician salary B benefits 4. Police vehicle mileage (B) Provide technical assistance when requested or as needed. II. The City of Corpus Christi shall: (A) Secure an agreement from the State Department of Highways and Public Transportation, District 16, to conduct the skid resistance testing. (B) Provide administration from the Traffic and Transit Department. (C) Provide pre -engineering services and maps. Develop an operational plan that provides for the most efficient use of the skid test machine and Police traffic control. (D) Obtain police officers for traffic control. A minimum of two police officers and vehicles shall be provided when testing streets that are controlled by traffic signals or stop signs. (E) Utilize the Skid Test information in setting priorities for resurfacing programs. • • (F) Utility the Skid Test information in accident analysis. (G) Submit three (3) copies of the Texas Traffic Safety Program Report at the end of each quarter. (H) Provide T.S.S. with a summary of the State Department of Highways and Public Transportation Skid Resistance Test Program on the city streets. III. The State Department of Highways $ Public Transportation, District 16, shall: (A) Conduct a Skid Resistance Testing Program. (B) Provide the City with the test data. IV. Milestones 1. Project Start - May 1, 1981. 2. Submit Quarterly Reports - June 30, 1981; September 30, 1931. 3. Project Close - September 30, 1981. TSS'0.M0t Rev 5/80 Contract No. (81) 02-03 Title Skid Resistance Inventory - Corpus Christi GENERAL PROVISIONS CHECK LIST Attachment z The following provisions contained in "General Provisions for Contracts" - Form GC -2A, are hereby included as a part of this contract by reference: ❑x I. Definitions J II. Changes ❑x III. Disputes © IV. Conditions for Termination Prior to Completion E5 V: -Excusable Delays 0 VI. Non -Collusion Q VII. Contract Period Established 0 VIII. Cost Provisions IX. -Method of Payment (Check one) ❑ -A. Lump Sum ❑ B. Cost Per Unit Work ❑ C. Cost Plus a Fixed Fee ❑ D. Specific Rates of Compensation ® E. Cost x❑ X. Terms and Conditions of Pahment ❑x XI.. Inspection ❑ XII. Property Accountability © XIII. -Retention ® XIV. Ownership of Data and Creative Material ® XV. Reports ❑x XVI. Equal Opportunity Gx XVII. Overtime Compensation gj XVIII. Convict Labor ® XIX. Subcontractual (Applies to all Federal and Most State contracts) D XX. Utilization of Small Business Concerns x❑ XXI. Order of Precedence ❑x XXII. Assignment, Subletting and Transfer - ❑x XXIII. Cancellation ❑x XXIV. Contractor's Liability ❑x XXV. Save Harmless . x❑ XXVI. Tax and Compensation Liability ❑x XXVII. Reimbursement of Eligible Expenditures ®XXVIII. Application of Hatch Act (Applies to all Federal contracts) JXXIX. Standards for Grantee Financial Management Systems El XXX. Procurement proredures (Applies to Federal grants to State agencies and communities only) 5] XXXI. Cost of Living Council Regulations (Applies to all Federal contracts) !© XXXII. Minority Business Enterprise GC -2 8/75 Page 1 of 1 fx44•.A�, GC -2R , Rev. 2/80 TRAFFIC' SAFETY SECTION - SDHPT GENERAL PROVISIONS FOR CONTRACTS I. DEFINITIONS: As used throughout this contract, the following terms shall have the meanings set forth below:: A. The term "Contracting Officer" means the person executing a contract on behalf of the State Department of Highways and Public. Transportation, and any other officer or employee who is properly designated Contracting Officer; and the -term includes, except as otherwise provided in the contract, the authorized representative of the Contracting Officer acting within the limits of this authority. B. Unless otherwise specified in the contract Statement of Work, the term "office" means the State Department of Highways and Public Transportation. C.- The -term "contractor" means the party entering into _agreement with the State of Texas under a grant or contract. D. -Except as otherwise provided in the contract, the term "subcontract".includes all third party agreements under the contract. II. CHANGES: A. Significant changes in the scope, character, or complexity of the work may be enacted by Contract Change Notices (CCN), when necessary, if there is mutual assent between the con- tracting parties.- (Such supplements and modifications are . subject to approval by the agencies who originally authorized the contract, before allowable costs can be incurred for such activities.) B. The Contracting Officer may at any time, by written order,' and without notice to the sureties, if any, make changes, within the general scope of this contract. 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 Page 1 of 18 receipt by the Contractor of the notification of change; provided that, without prejudicing the right to reject any claim asserted after this time, if the Contracting Officer 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 provisions of paragraphs (A) and (B) .above, the estimated cost of this contract shall not be in - :creased or -deemed to be increased except by specific written modificationof the contract indicating the new contract estimated cost and, if this contract is incrementally funded, the new amount allotted to the contract. Until _such modification is made, the Contractor shall not be ob- ligated to continue performance or incur costs beyond the point established in this contract. III. DISPUTES:. A. Except as otherwise provided in this contract, any dispute _ concerning a question of fact arising under this contract which is not disposed of by agreement shall be decided by :the Contracting Officer, who shall reduce his decision to writing and mail or otherwise furnish a copy thereof to the Contractor. The decision of the Contracting Officer shall be final and conclusive unless, within thirty (30) rzays from the date of receipt of such copy, the Contractor mails or otherwise furnishes to the Contracting Officer a written appeal addressed to the Office. -The decision of -the Office or its authorized. representative for the deter- mination of such appeals shall be final and conclusive un- less determined by a court of competent jurisdiction to have been fraudulent, or capricious, or arbitrary, or so grossly erroneous as necessarily to imply bad faith, or not supported by substantial evidence. In connection with any appeal proceeding under this clause, the Contractor shall be afforded an opportunity to be heard and to offer evidence in support of its appeal. Pending final decision of a dispute hereunder, the Contractor shall proceed dili- gently with the performance of the contract and in accor- dance with the Office's decision. B. This "DISPUTES" clause does not preclude consideration of law questions in connection with decisions provided for in paragraph A above: provided, that nothing in this contract shall be construed as making final the decision of any administrative official, representative, or board on a question of law. GC -2A Rev 2/80 Page 2 of 18 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 timely or proper manner the obligations of this agreement, the Office may terminate this agreement by giving written notice to the Contractor at least seven (7.) days prior to the effective date of termination and specifying the effec- tive date of termination. All finished or unfinished documents; data, studies, surveys, reports, maps, drawings, models and photographs prepared by the Contractor shall, at the option of the Office become the property of the Office and the Contractor shall be entitled to receive only reasonable and equitable com- pensation for the satisfactory work completed and only in ratio to the monetary consideration covenanted and agreed upon in this agreement_ for the -completed scope of the work. 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, the Contractor shall be_ reimbursed -for -the -portion of out-of-pocket expenses (not other- wise_= -reimbursed prior thereto) incurred by the Contractor during the, contract_oeriod which are directly attributable to the in - completed portion of the services covered by this agreement. The. Contractor- shall be paid an amount which bears the same rati. to 'the .total compensation as the services actually per- formed bear to the, total services of the Contractor. • V. EXCUSABLE DELAYS: Except with respect to defaults of subcontractors, the Con- tractor shall not be in default by reason of any failure in performance -of this contract in accordance with its terms (in- cluding any failure by the Contractor to make progress in the prosecution of -the work hereunder which endangers such per- formance) if such failure arises out of causes beyond the control and without the"fault 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 un- usually severe weather, but in every case the failure toper form must be beyond the control and without the fault or negli- gence 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 subcontractor, and without the fault or negligence of either of them, the Contractor shall not be deemed GC -2A Rev 2/80 Page 3 of 18 to be in default, unless (a) the supplies or services to be furnished by the subcontractor were obtainable from other sources, (b) the Contracting Officer 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 Contracting Officer shall ascertain the facts and extent of such failure and, if he shall determine that any failure to perform was occasioned by any one or more of the said causes, the delivery schedule shall be revised accordingly. VI. NON -COLLUSION: The Contractor warrants that he_ has not employed or retained anycompanyor person, other than a bona fide employee working for the consultant, 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, commission, percen- tage, - brokerage fee; gift, or any other consideration, con- tingent upon or resulting from the award or making of this agreement. For breach or violation of this warranty, the Office shall_have the right to annul this agreement without liability, or, -in -its discretion, to deduct from the agreement priceorconsideration, or otherwise recover the full amount of_such fee, commission, brokerage fee, gift, or contingent fee. VII. CONTRACT PERIOD ESTABLISHED: The effective date of this contract is as specified in the Statement of Work. All work and services required hereunder shall be completed no later than the date specified in the Statement of Work, subject to the availability of funds and notification to the Contractor by the Office. VIII. COST PROVISIONS: General Services Administration's Circulars FMC 74-4, "Cost Principles Applicable to Grants and Contracts with State and Local Governments," and FMC 73-8, "Cost Principles for Educa- tional Institutions," are hereby incorporated as a part of this agreement and shall govern allowability of costs where appropriate. IX. METHOD OF PAYMENT: One of the methods of payment and associated conditions below will apply to this agreement: A. LUMP SUM - The Contractor agrees to perform the work pre- viously stated and to accept as payment a number of equal GC -2A Rev 2/80 Page 4 of 18 payments plus a final payment after approval of the work performed, as set forth in the contract. The amount of the final payment may be adjusted in the event of change in•the work to be performed provided there is mutual agreement be- tween the contracting parties: (See Statement of Work) B. COST PER UNIT OF WORE - The Contractor agrees to perform the work previously stated and to accept as payment a unit price for each .unit of work performed as specified in the contract. - C. COST PLUS A FIXED FEE AMOUNT - The Contractor agrees to per- form the work previously stated and to accept as payment'a reimbursement for all valid costs incurred in accordance "-with the terms of the contract and all referenced documents _plus a fixed_fee amount as specified in the contract. _D. -SPECIFIC RATES OF COMPENSATION - The Contractor agrees to perform -_the work previously stated and to accept as payment _a schedule of payments as specified in the contract. E. -COST - The`Contractor agrees to perform the work previously stated and to accept as payment a reimbursement for all valid costs incurred in accordance with the terms of the contract. X. -TERMS-AND CONDITIONS OF PAYMENT: A. -Unless_atherwise specified in the contract Statement of Work, the Contractor agrees to bill the Office at quarterly intervals -only, using the forms and format specified. The maximum amount of the total contract, including fee (if any), -but without approved adjustments, is as specified in the contract.' ' - 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 the State- ment of Work. XI. INSPECTION: The Office, (including, as an adjunct thereto, agents of the Federal Government when federal funds are involved) has the right, -at all reasonable times, to inspect, or otherwise evalu- ate the work performed or being performed hereunder and the premises in which it is being performed. If any inspection or evaluation is made by•the Office on the premises of the Con- tractor or a subcontractor, the Contractor shall provide and shall require his subcontractor to provide all reasonable facilities and assistance for the safety and convenience of the Office's representatives in the performance of their duties. All inspections and evaluation shall be performed in such a manner as'will not unduly delay the work. GC -2A Rev 2/80 Page 5 of 18 XII. PROPERTY ACCOUNTABILITY: A. The Contractor shall not purchase, under this contract, any item of property with an original cost of $50.00 or more unless specifically authorized to do so in the contract Statement of Work, with references. B. The Contractor • shall establish and administer a system to control, protect, preserve, and maintain any property and/or equipment having an original cost of at least $50 and a use- ful life of at least one (1) year which is furnished to or purchased by the Contractor under this agreement. C. An such property acquired under this contract or furnished -to the Contractor by the Office for use under the contract shall, at the completion of the contract, become the pro- perty of the Office and shall be returned to the Office. The Office may, at its discretion, assign the property to the_Contractor or to others, or may dispose of it in -accordance. with -Federal and State regulations. D. The Office must reassign said property to other highway safety use or dispose of it in accordance with State and Federal regulations. XIII. RETENTION: A. The Contractor agrees to maintain books, records, docu- ments, and other evidence pertaining to the costs and ex- penses -of this contract (hereinafter collectively called the "records")to the extent and in such detail as will properly reflect all net costs direct and indirect, of - labor, materials', equipment, supplies and services, and other costs and expenses of whatever nature for which re- imbursement_is claimed under the provisions of this contract. 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 any authorized representative of the Office. C. The Contractor shall preserve and make available his records (1) for a period of three years from the date of final payment under this contract; and, (2) for such longer period, if any, as is required by applicable statute, by any other clause of this contract, or by 1. or 2. below. -- 1. 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. GC -2A Rev 2/30 Page 6 of 18 2. Records which related to (1) appeals under the Disputes clause of this contract, (2) litigation or the settle- ment of claims arising out of the performance of this contract, or (3) costs and expenses of this contract as to which exception has been taken, shall be retained by the Contractor until such appeals, litigation, claims, or exceptions have been disposed of. D. The Contractor further agrees to include in each of his sub- contracts_in excess of $10,000.00 in total value, a provi- sion to the effect that the subcontractor agrees that the Office 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 Office and copies of such data and material shall be furnished to the Office on request. XV. REPORTS: A. Before publication or printing, the final draft of any re- ports(s) -required under the contract schedule shall be submitted to the Office for review and concurrence. Re- view -and -.approval by the National Highway Traffic Safety Administration will be coordinated by the Office 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 State Department of Highways and Public Transportation and reports or other such information are to be regarded as material in the public domain and shall not be copyrighted or restricted.as to the distribution and reproduction. The Contractor -shall furnish the Office with the quantity of copies of the report(s) specified in the contract. B. Each report covered by paragraph A. must include the follow- ing statements on the cover page: 1. State projects: "This report was prepared for the con- tractor and/or contracting agency in cooperation with the State Department of Highways and Public Transportation. Federally funded projects, add to the above quote: '.,,the National Highway Traffic Safety Administration and/or Federal Highway Administration of the Department of Transportation." 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.: Page 7 of 18 GC -2A Rev W80 :VI: EQUAL OPPORTUNITY: During the performance of this contract, the contractor agrees as follows: A. Compliance with Regulations: The contractor shall comply with the Regulations relative to nondiscrimi- nation in federally -assisted programs of the Depart- ment of Transportation (hereinafter, "DOT") Title 49, Code of Federal Regulations, Part 21. as they may be amended from time to time, (hereinafter referred to as the Regulations), which are herein incorporated by reference and made a part of this contract. B.- Nondiscrimination: The contractor, with regard to the work performed by it during the contract, shall- -not discriminate on the grounds of race, color or national origin in the selection and retention of subcontractors, including procurements of materials -and leases of equipment. The contractor 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 negotiation 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 groundsofrace, color or national origin. D. InformationandReports: The contractor shall provide all information and reports required by the Regulations or directives issued pursuant thereto, and shall permit access to its books, records, accounts, other sources of information, and its facilities as may be determined by the State or the National Highway Traffic Safety Adminis- tration or the Federal Highway Administration' as appropriate, to be pertinent to ascertain compliance with such Regulations, Orders and Instructions. 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 State or the Administrations as appro- priate, and shall set forth what efforts it has made to obtain the information. GC -2A Rev 2/80 Page 8 of 18 E, Sanctions for Noncompliance; In the event of the con- tractor's noncompliance with the nondiscrimination pro- visions of this contract. the State shall impose such contract sanctions as it or the Administrations 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/or, 2. cancellation, termination, or suspension of the contract in whole or in part. , F. Incorporation of Provisions; The contractor shall include the provisions of paragraphs (A) through (F) in every subcontract, including procurements of mater ials and leases of equipment, unless exempt • by the Regulations, or directives issued pursuant thereto. The contractor_ shall take such action with respect to any .subcontract or procurement as the State or the Administrations 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 State 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 speci- fied 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 regu- lations 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 pro- • visions of the Contract Work Hours Standards Act unless such laborer or -mechanic receives compensation at -a rate not less than one and one-half of eight hours in any calen- dar day or in exess,of forty hours in such workweek, Which- ever 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 three years from the completion of 'the contract. GC -2A Rev 2/80 Page 9 of 18 XVIII. CONVICT LABOR: In connection with the performance of work under this contract, the Contractor agrees not to employ any person undergoing sen- tence of imprisonment at hard labor. XIX. SUBCONTRACTING: A. The -Contractor shall give advance notice to the Office of any proposed subcontract hereunder, and the Contractor shall not, without prior written approval of the Contracting Officer, enter into such subcontract. (See paragraph B, below.)" _B. The -National Highway Traffic Safety Administration or Federal Highway Administration may require approval of any contract for professional services prior to issuance and initiation of -work. This review may take up to thirty (30) days and -shall consider, in part, the following matters: 1. Determination of the consultant's qualifications; 2.. Manner of selection from those qualified to perform the service; 3. Necessity -for subcontracting; 4. -Review of the contract, to ensure that minimum terms of the prime contract have been incorporated into the sub- contract; 5. Pre -award audit has been performed (contracts in excess of $25,000.00); and, 6. The Contractor's price breakdown includes costs (if any) for personal services, subcontracts, commodities, other direct costs, indirect costs, and profit. 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 Contrac-. tor 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 pre- cedence in the following order: GC -2A Rev 2/30 Page 10 of 18 A. Contract or Approved Grant Application Document B. Statement of Work C. Special Provisions D. General Provisions XXII. ASSIGNMENT, SUBLETTING AND TRANSFER: - ' This contract shall be deemed personal between the Contractor and the Office, and neither party shall subcontract, assign, sub- let -or transfer its interest in this contract without written consent of the other. Each party binds itself, its partners, successors, administrators, executors, and legal representatives of such other party. XXIII. CANCELLATION: _This contract may be cancelled if the Contractor shall violate any_of the-laws_of the United States of America or the State of -Texas. In such --event, the Contractor -shall be paid only for those services performed prior to cancellation. XXIV. CONTRACTOR' S .LIABILITY: A. _The Contractor shall be liable for any_loss of, or injury to,_any_material_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. i B. Contractor shall. provide commercial insurance or equivalent method acceptable ,to this office for replacement or repair of damaged -or lost equipment. Contractor shall reimburse this office for residual value of sold or disposed of equip- ment. XXV. SAVE HARMLESS: It is expressly' agreed and understood that the Contractor is an independent contractor and not an agent, servant, or- employee - of the State, and the Contractor shall save harmless the State and representatives thereof from all suits, actions, or claims of any kind brought on account of any person or property in con- sequence of any neglect in safeguarding the work, or on any act or omission by the Contractor or its employees, or from any • claims or amounts arising or recovered under Workmen's Compensa- tion Laws or any other law, by-law, 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 said contractor in the manner or method of performing the work for the period of the contract. - ' GC -2A Rev 2/80 Page 11 of 18 XXVI. TAX AND COMPENSATION LIABILITY: Nothing herein contained shall be construed as incurring for 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 State if the State and the Contractor were standing in an employer-employee relation- ship, and the Contractor hereby agrees to assume and pay all such liabilities. XXVII. REIMBURSEMENT OF ELIGIBLE EXPENDITURES: A. It is mutually agreed and promised that upon written applica- tion by the Contractor and approval by the State, the State shall obligate said funds for reimbursement of eligible ex- penditures as set forth in the application. B. It• is mutually agreed and promised that the Contractor shall reimburse the State for any ineligible or unauthorized ex- -penditures for which Federal funds have been claimed and payment received as determined by a State or Federal audit. C. It is further -agreed and promised that where reimbursement is made _to_the__Contractor in installments, the State shall have the right_to withhold any installments to make up reimbursement received for any ineligible or unauthorized expenditures until such time as the ineligible claim is made up_or corrected by the Contractor. XXVIII. APPLICATION OF HATCH ACT: It is mutually agreed and promised that the Contractor shall notify all employees-of_the Contractor, whose principal employ- ment -is -in connection with any traffic safety project, financed in whole or in part by loans or grants under the Highway Safety Act of 1966, of the provisions of Section 12(a) of the Hatch Act [15 U.S.C. 118 (a)]. XXIX. STANDARDS FOR GRANTEE FINANCIAL MANAGEMENT SYSTEMS: A. This item prescribes standards for financial management systems of grant -supported activities of state and local governments. E. Grantee financial management systems shall provide for: 1. Accurate, current, and complete disclosure of the financial results of each grant program in accordance with SDHPT reporting requirements; 2. Records which identify adequately the source and applica- tion of funds for grant -supported activities. These GC -2A Rev 2/80 Page 12 of 18 records shall contain information pertaining to grant awards and authorization, obligations, commitments, assets, liabilities, outlays, and income; 3. Effective control over and accountability for all funds, property, and other assets. Grantees shall adequately safeguard all such assets and shall assure that they are used solely for authorized purposes;. 4. Comparison of actual with budgeted amounts for each grant. Also, relation of financial information with performance or productivity data, including the pro- duction of unit cost information whenever appropriate .and required -by the grantor agency; 5.- Procedures -to minimize -the time elapsing between the transfer of funds from the State Treasury and the dis- bursement -by -the grantee, whenever funds are advanced -by State -Department of Highways and Public Transportation; -6. Procedures for determining the allowability and allo- cability of costs in accordance with the provisions of .General Services Administration's Circular No. FMC 74-4; 7. Accounting records which are supported by source docu- mentation; . . - 8. Audits_to be made by the grantee or at his direction to determine, at a minimum, the fiscal integrity of financial transactions and reports, and the compliance with laws, regulations, and administrative requirements. The grantee 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, -9. A systematic method to assure timely and appropriate re- solution of audit findings and recommendations. XXX. PROCUREMENT PROCEDURES: A. All procurement transactions regardless of whether negotiated or advertised and without regard to dollar value shall be conducted in a manner so as to providemaximum open and free competition. The grantee should be alert to organizational conflicts of interest or noncompetitive practices among con- tractors which may restrict or eliminate competition or otherwise restrain trade. B. The grantee shall establish procurement procedures which provide for, as a minimum, the following procedural require- ments: GC -2A Rev 2/80 Page 13 of '18 1. Proposed procurement actions shall be reviewed by grantee officials to avoid purchasing unnecessary or duplicative items. Where appropriate, an analysis shall be made of lease and purchase alternatives to determine which would be the most economical, practical procurement. 2. Invitations for bids or requests for proposals shall be based upon a clear and accurate description of the technical requirements for the material, product, or service to be procured. Such description shall not, in competitive procurements, contain features which unduly restrict competition. "Brand name or equal" description may be used as a mean to define the per- formance or other salient requirements of a procurement, and when so used, the specific features of the brand which must be met by offerers should be clearly specified. 3. Positive efforts shall be made by the grantee to utilize small business and minority-owned business sources of supplies and services. Such efforts should allow these sources the maximum feasible opportunity to compete for contracts -to be performed utilizing Federal grant funds. 4. The type of procuring instruments used (i.e., fixed price contracts, cost reimbursable contracts, purchase orders, incentive contracts, etc.), shall be appropriate for theparticularprocurement and for promoting the best interest of the grant program involved. The "cost- plus -a -percentage -of -cost" method of contracting shall not be used. 5. Formal advertising, with adequate purchase description, sealed bids, and public openings shall be the required method of procurement unless negotiation pursuant to -paragraph- (6) below is necessary to accomplish sound procurement. However, procurements of $2,500 or less need not be so advertised unless otherwise required by State or local law or regulations. Where such advertised bids are obtained, the awards shall be made to the re- sponsible bidder whose bid is responsive to the invita- tion and is most advantageous to the grantee, price, and other factors considered. (Factors such as discounts, transportation costs, and taxes may be considered in determining the lowest bid.) Invitations for bids shall clearly set forth all requirements which the bidder must fulfill in order for his bid to be evaluated by the grantee. Any or all bids may be rejected when it is in the grantee's interest to do so, and such rejections are in accordance with applicable State and local law, rules, and regulations. - GC -2A Rev 2/80 Page 14 of. 18 6. Procurements may be negotiated if it is impracticable and unfeasible to use formal advertising. Generally, procurements may be negotiated by the grantee if: a. the public exigency will not permit the delay inci- dent to advertising; b. the material or service to be procured is available from only one person or firm (A11 contemplated sole source procurements where the aggregate expenditure is expected to exceed $5,000 shall be referred to the grantor agency for prior approval.); c. the aggregate amount involved does not exceed $2,500; d. the contract is for personal or professional ser- vices, or for any service to be rendered by a uni- versity, college; or other educational institutions; e. the material or services are to be procured and .used outside the limits of the United States and its possessions; f. .no acceptable bids have been received after formal advertising; _.g.-the:purchases are. for highly perishable materials or medical supplies, for material or services where the prices are established by law, for technical items or equipment requiring standardization and -interchangeability of parts with existing equipment, for experimental, developmental, or research work,, . for supplies purchased for authorized resale, and for technical or specialized supplies requiring substan- tial initial investment for manufacture; h. otherwise authorized by law, rules, or regulations. Notwithstanding the existence of circumstances justifying negotiation, competition shall be obtained to the maxi- mum extent practicable. .. 7. Contracts shall be made only with responsible contractors who possess the potential ability to perform success- fully under the terms and conditions of a proposed pro- curement. Consideration shall be given to such matters as contractor integrity, record of past performance, financial and technical resources, or accessibility tb other necessary resources. 8. Procurement records or files for purchases in amounts in excess of $2,500 shall provide at least the following pertinent information: justification for the use of negotiation in lieu of advertising, contractor selection, and the basis for the cost or price negotiated. GC -2A Rev 2/80 Page 15 of 18 XXXI. COST OF LIVING COUNCIL REGULATIONS Each recipient of a grant or contract of an amount in excess of $2,500 shall comply with applicable regulations and standards of the Cost of Living Council in establishing wages and prices. Submission of a bid or offer or the submittal of an invoice or voucher for property, goods, or services furnished under a con- tract or agreement with the grantee shall constitute a certifi- cation by him that amounts to be paid do not exceed maximum allowable levels authorized by the Cost of Living Council regu- lations or standards. Violations shall be reported to the Office and the local Internal Revenue Service field office. XXXII. MINORITY BUSINESS ENTERPRISE A.- General -"The grantee agrees to use his best efforts to ensure that -minority business enterprises shall have the maximum opportu- nity to participate in the performance of contracts financed in•whole or in part with Federal funds provided under this agreement." B. Utilization of Minority Business Clause The ".Utilization of Minority Business Clause" set forth be- _ -low shall_be-included in all contracts financed in whole or in part with Federal funds provided under this agreement which exceed $5,000 except contracts which, including all subcontracts thereunder, are to be performed entirely outside -the United -States, its possessions, and Puerto Rico, and contracts -for services which are personal in nature. 1. It is the policy of the Department of Transportation that minority business enterprises shall have the maxi- mum opportunity to participate in the performance of contracts financed in whole or in part with Federal funds. 2. The Contractor agrees to use his best efforts to carry out this policy in the award of his subcontracts to the fullest extent consistent with -the efficient performance of this contract. As used in this contract, the term "minority business enterprise" means a business, at least fifty (50) percent of which is owned by minority group members or, in the case of publicly owned businesses, at least fifty-one (51) percent of the stock of which is owned by minority group members. For the purpose of., this definition, minority group members are Negroes, Spanish speaking American persons, American Orientals, American Indians, American Eskimos, and American Aleuts. Contractors may rely on written representations by sub- contractors regarding their status as minority business enterprises in lieu of an independent investigation. GC -2A Rev 2/80 Page 16 of 18 C. The "Minority Business• Subcontracting Clause" set forth below shall be included in all contracts which contain the clause required by subparagraph (2) above, and which, in the opinion of the grantee, offer substantial subcontract- ing possibilities.. 1. The Contractor agrees to establish and conduct a program which will enable minority•business enterprises (as defined in the clause entitled "Utilization of Minority Business Enterprises Clause") to be considered fairly as subcontractors and suppliers under this contract. In this connection the Contractor shall... a. designate a liaison officer who will administer the Contractor's minority business enterprises program; b. provide adequate and timely consideration of the potentialities of known minority business enterprises in all "make -or -buy" decisions; c. ensure that known' minority business enterprises will have an equitable opportunity to compete for sub- contracts, particularly by arranging solicitations, time for the preparation of bids, quantities, specifications and delivery schedules so as to facilitate the participation of minority business enterprises; d. maintain records showing (a) procedures which have been adopted to comply with the policies set forth in this clause, including the establishment of a source list of minority business enterprises on the source list and (b)_specific efforts to identify and award contracts to minority business enterprises; e. include the "utilization of Minority Business Enter- prises Clause" in subcontracts which offer substan- tial minority business enterprises subcontracting opportunities; f. cooperate with the Contracting Officer in any studies and surveys of the Contractor's minority business enterprises procedures and practices that the Con- tracting Officer may from time to time conduct; submit periodic reports of subcontracting to known minority business enterprises with respect to the records referred to in subparagraph d., above, in - such form and manner and at such times (not more often than quarterly) as the Contracting Officer may prescribe. g. GC -2A Rev 2/80 Page"17 of 18 2. The Contractor further agrees to insert in any sub- contract,hereunder,which may exceed $500,000, provisions which shall conform substantially to the language of this clause, including this paragraph (b), and to notify the Contracting Officer of the names of such subcon- tractors. GC -2A Rev 2/80' Page 18 of 18 Co . No. .01) 02-03' Attachment.3 Tit Skid Resistance' Inventory - Corpus Christi 1. Total cost reimbursement shall not exceed the value shown on the approved contract application. 2. Unless prior approval in writing is granted from the Traffic Safety Section, no costs may be incurred after the end of the contract period specified. 3. Salaries and wages of all employees chargeable to more than one program or other cost objective must be supported by appropriate time distribution re- cords which document the distribution of time and effort for Traffic Safety and all other. activities. 4. Overtimerecords must document the disttibution of both regular time and overtime worked for Traffic Safety and all other activities. 5. 6. All expenditures shall be in strict compliance with monies allocated in the approved contract. 7. All costs are subject to verification by the State Department of Highways and Public Transportation auditors. Source documentation shall he made available. 8. Approval of this contract is for the stated period only. This approval does not commit, or promise to commit funding for any subsequent period. 9. The contract amount shall be adjusted at the discretion of the Traffic Safety Section when expenditures reflect a projected underrun. 10. All costs claimed for reimbursement shall be categorized in accordance with the estimated budget. 11. Costs claimed for vehicle mileage must be supported by a daily mileage log. 12. The hourly rate as reflected in the estimated budget is for budgetary purposes only. The amount allowable for reimbursement by the Traffic Safety Section shall be based on the actual rate paid by the contractor to each participant. • 3A ' - , SPECEAL PROVISION MINORITY BUSINESS ENTERPRISE PROGRAM. REQUIREMENTS r, . . It is the policy of the Department of Transportation that MinoritylBusi." . ness Enterprises as defined in 49 CFR Part 23 shall have the maximum op-?, ° portunity to participate in the performance of contracts financed in whole, tr-_in,part with Federal funds. Consequently, the Minority Businesa,Enter-?' -priserequirements of 49 CFR Part 23 apply to this contract as follows„ - ,- • - .,„_, _ The-COntractor agrees to insure that Minority Business Enterprises', as de.-:'. ---, ' - -fined-in-49 CFR Part 23 ha4e_the maximum-bpportunity to participate"in the perfprmance_of contracts -and -subcontracts -financed in whole or in ipart with* -c _, 1' ---FederaL funds- En this regard, the Contractor shall take all necessary and -1- _,_ :-__-- - _reasonable:steps inaccordance with 49 CFR Part 23 to -insure that MinorityW - - , Business-Enterprises_have the -maximum opportunity to compete for and per- _ -form contracts:. .- " .. _ . '-'-- ' ' -The Contr'actor'and any Subcontractors shallnot discriminate on the basis of race, color, national origin or sex in the award_and performance of con--- tracts.-funded in whole or -in part with Federal funds,,..„ - , -These,requlrements-shall be physically included in.any-subcontract. -Failure to carry our the requirements set forth above shall constitute - breach of contract and, -after the notification of -the Department, may re- sult.in,:termination of the contract by the_State or other -such remedy as the -State -deems- appropriate. . " - . - • 1-1 .14 '480 ,nrrAcµMeNT 4 Procedures A3.0 & "1_1 6/80 • INSTRUCTIONS FOR PREPARATION OF A TEXAS TRAFFIC SAFETY PROGRAM CONTRACT SCOPE: This document provides.instructions for the completion of TSS form A3.0, "TEXAS TRAFFIC SAFETY PROGRAM CONTRACT" (Enclosure A) and related documents. It also pro- vides ideas and recommendations concerning the content and wording of traffic safety contracts. NOTE:_ It is intended that TSS form A3.0 be prepared by_ the prospective contractors in cooperation with the District Traffic Safety Saecialist,and/or the Traffic'Safety Coordinator in that SDHPT District. BACKGROUND: By policy, and in accordance with the law (23 USC 402), TSS does not award grants. The funding of projects is accomplished -through the negotiation of contracts which are mutually acceptable to both TSS and the contractor (which may be a -local jurisdiction, state agency, college or university, , corporation, partnership, individual, etc.). Under TSS policy, eachcontractmust be prepared using applicable TSS forms and -must-be written in such a way that the full obligations, duties and responsibilities of both TSS and the contractor can be fully and clearly understood by any reasonable third party, without prior knowledge of the contract. TSS contract forms were _revised in September, 1975 to simplify the contract pre-- paration process, to clarify a numberof requirements which have caused problems in earlier contracts, to eliminate ex- traneous or repetitive information from the forms, and to pro- vide i'ss ro-vide'TSS managers additional flexibility in the negotiation of contracts. Page 1 of 22 Procedures.A3.0 & A. GENERAL: The contract form and attachments described in'this document should be completed in final form after the District Traffic Safety Specialist and/or the Traffic Safety Coordinator have negotiated program task descriptions, cost elements, general and special provisions, accountable assets, deliverable items and other matters. When the Traffic Safety Coordinator and the contractor are satisfied that the contract (with attachments) accurately reflects their agreement, the contract should be sent to the SDHPT District Traffic Safety Specialist. If the contract seems to be in final• form, if it is included in the District and State HSP, and the money is available for its execution; it should then be signed by a properly authorized representative(s) of the contracting•agency. (There should be a copy of a resolution or minute order from -a city -or county thatauthorizes that official to contract in the name of that particular political subdivision on file with the TSS, SDHPT or one should be included with the contract.) The contract should then be initialed in the lower left-hand corner of the front page by the SDHPT District Engineer or his designee. The completed contract should then be forwarded to the Austin Traffic Safety Section's -Fiscal and Planning Group for review and further • processing. This Group will go through the review cycle with the appropriate PSP Manager(s), Group Leaders .and prepared for transmittal to SDHPT Administration for final signature. If any_changes are made in any portion of the document, these changes must be formally accepted by an authorized representative of the contract BEFORE work begins under the contract, as amended. This requires a Contract Change Acceptance form to be signed and returned and should be fully explained in the Contract Delivery Procedure meeting with the appropriate officials involved. Because of the amount of time normally involved in TSS processing and review, mailing (if applicable), DOT review (if applicable), and reviewing changes with the contractor's representative, it is most strongly • recommended that the completed contract be delivered to the Fiscal and Planning Group, Traffic Safety Section, Austin, at least 90 days prior to the starting date of the proposed contract period (120 days if DOT approval is required*). Lead times greater (or less) than those stated may be established by the F.icscal and Planning Group, Traffic Safety Section, Austin depending upon workload, * It is recommended that•an additional 30 to 60 days lead time be provided when possible, as a courtesy to the contractor(for start-up preparation after receipt of the approved contract.) Page2 of 22 Procedures.A3..0 & A3 backlog, and the needs of the organization. Any contract which is received by the Fiscal and Planning Group, TSS, Austin without the minimum lead time requested may not be returned in time to per- mit the project to begin•on schedule (this is particularly true when Federal funds are 'involved), and the contractor should be informed that the project start date may be delayed. The con- tract- form and attachments should be prepared as described in the following paragraphs. PREPARATION OF "TEXAS TRAFFIC SAFETY PROGRAM CONTRACT" (Enclosure A) I. TSS FORM A3.0, PAGE 1 (Front): A. General: One copy of this form is required for each project contract. B. National Standard: Insert the applicable national standard (301, 609, 318, etc.). If possible, avoid the use of Standard 300, which should normally be used only for Austin -managed P&A projects. If more than one standard applies, select the one that most directly applies. If two or more seem to apply equally, pick the one which seems most appropriate. C. Project Number: Write the proposed Problem Solution Plan (PSP) number lightly in pencil above the blocks provided. The _ numbers will be verified and entered in the blocks by the . Fiscal and Planning Group during the processing. D. Project Name: Use a brief descriptive name which includes the name of the contractor. (Fox example: CIP-Grand Prairie or DPS-D.L. Record Revision, etc.). NOTE: If possible, it is Page 3 of 22 Procedures A3.0 & A3•.1 desirable to limit the name to 30 characters, including spaces, to fit the computer reports. - E. Brief Description of Project: Enter a brief abstract of the Statement of Work. The abstract should be as brief as possible, and it should indicate the scope of work to be done. Do not use more space than'the block provided. - F. Goals: Enter a brief statement of the goal(s) of the pro- ject. If possible, this statement should be specific, quan- tified, and related to death, injury, and/or property damage reduction (it is recognized that this is often not feasible). Example: Reduce motorcycle fatalities, injuries, and acci- dents in XYZ city by 15%. G. Method of Evaluation: Enter a brief statement of the evalua- tion•method.to be employed, for example: "Administrative Assessment," "Data Analysis," "Experimental Design," "Com- bination of . . . and . . .," "None," etc. A more explicit description of the evaluation and responsibilities of the various parties involved must be included in the Statement of Work. _ H. Amount by Cost Category:• Enter the estimated amount in whole dollars for each. cost category for the contract'period (show the full amount without consideration of what portion is to be reimbursed by OTS, which is stated elsewhere). In the "FUTURE" column, enter the estimated amount for the remainder• of the proposed project period.* * NOTE: Contracts which are a lump sum type of reimbursement would reflect the total amount in the amount column only. Page 4 of 22 Procedures A3.0 &,A3.1 1. Personal Services - This includes the salaries of employees for the time they work on the project. Employee benefits, taxes, travel expenses, etc., should be included in this category unless it is normally included in a Government -approved overhead rate (See "Indirect Costs"). - 2. Contract. Services - This includes the expenses incurred under project -subcontracts. NOTE: Consultant fees'fall in this category and may include the indirect costs charged by the consultant. The sub contract(s) must be approved through* the Traffic Safety Section;,. SDHPT. A minimum of 45 days should be allowed in the project .schedule for this review. -3. Commodities - This'includes all consumable materials and supplies purchased and used specifically on the project (for example: office supplies, photocopies, postage, etc.). 4. Other Direct -Costs - This includes necessary purchase of accountable assets, computer costs, rentals, tuition, and similar costs which are direct project costs not included in any of the previous categories. - 5. Indirect Costs - Indirect cost (or overhead) is an accounting convenience. It may be eligible for reim- bursement only if: - *Approval authority may be at the Federal or State level, depending upon source of funds and other factors. All reviews are coordinated, however, by the Fiscal and Planning Group. • Page 5 of 22 ProceduresA3.0 r '3.1 a. The overhead rate consists of a reasonable pooling and equitable allocation of costs for items which would be eligible for reimbursement if charged directly (rent, services, supplies, etc.). No lump sum or arbitrary percentages are acceptable. State agencies, colleges or universities, etc., have rates that are established by act of the Texas --Legislature or certain Federal agencies. b. The itemsincludedare reasonable and necessary to the performance of the project and do not duplicate items charged directly to the project. c. The actual costs of all items are fully documented, the_actual values used in determining the base and the method of allocation are fully documented, and reasonable controls can be shown to exist to ensure that the system is administered fairly. d. A necessary and valid reason exists for the use of a pooled overhead in lieu of direct charges. e. The actual overhead rate is verified by OTS audit (excluding those cases listed as exceptions under a., above, and certain instances in which other agencies' audits may be accepted). f. Overhead is specifically included in the final ver- - sion of the contract (as signed by the Administrator or designee). CAUTION: Except in certain cases authorized by the Fiscal and Planning Group, TSS, Austin, whenever Indirect Costs are permitted, the following Paae 6 of 22 Procedures A3:0 & A3. (show the full amount to be spent by the project without consideration of what portion is to be reimbursed by OTS). Note that the quarters shown are for future fiscal years (which will begin October 1). Space has been provided for periods both before and after the fiscal year, in the event -they are needed. The total must equal the.total in Section H, above (Amount By Cost Category). No other amounts by period are required. J. Proliosed Project Period: Enter the time frame anticipated to complete the scope of work, if it goes beyond the Federal fiscal year. (Example: January 1, 1979 to January 1, 1980.) Contract Period: Enter the time frame for the current Federal fiscal year when costs shall be eligible for reim- bursement._ (Example: January 1, 1979 to September 30,-1979) K. Type of Reimbursement: Check one of the following: • 1. Lump Sum: A firm fixed amount; this may be paid in equal monthly or quarterly payments (or a single time, at the end). Details of•payments and amounts withheld (if any) should appear in the Statement of Work. 2. Cost per Unit of Work: A payment of $X for each unit of work performed (for example: per card key-punched). De- tails of payments, etc., should appear in the Statement of Work. 3. Cost Plus Fixed Fee: A common method of contracting with consultants; it involves reimbursing actual costs and Page 8 of 22 Procedures A3.0 & ;3.1 SPECIAL PROVISION should be included in the contract: "The amount of indirect cost eligible for reimburse- ment shall be determined by TSS, based on a full and complete audit of the eligibility of all costs in- cluded in the pool, the projects and"amounts used in . determining the base, and the methods used in adminis- tering the overhead. Any portion.(up to 100%) which cannot be shown to meet minimum Federal and State criteria will be disallowed, and the amount of re- imbursement due will be computed accordingly." 6.. Profit - This may be included only by individuals or "for profit" organizations in the private sector._ A __written justification for the profit level entered must -be included (as part of the back-up package) when the contract is submitted to the Accounting and Contractors Section. Any profit rate in excess of 10% of direct costs must be justified in terms of the type of work, - contractor risk, industry standards, published rates and/or other applicable criteria. The proposed rate will be reviewed by the Fiscal and Planning Group, TSS. Austin, and an accept -or -modify recommendation made to the Adminis- trator (or designee) for consideration in the approval process. - 7. Total - The total to be entered must be the full amount to be spent on the project (regardless of funding source). I. Amount by Funding Period: Enter the estimated amount (in whole dollars) to be spent by the project during each quarter Page 7 of 22 Procedures A3.0 & A3.1 adding a predetermined amount for profit.* Details of payment, etc., should appear in the Statement of Work. 4. Specific Rates: A reimbursement of $X per hour • (or day) worked, etc. This differs from 2, above, • because the basis used here is "time" worked, while in 2. it is units of "output"'produced. Details of payments, etc., should appear in the Statement of -Work. - 5. Actual Cost: The common method of contracting with -communities, state agencies, colleges, etc., is similar to 3., above, but without profit. Details of payments, etc., should appear in the Statement of Work. L. Amount by Source of Funds: Enter the amount ( in whole _dollars) to bepaidby each participant. Blank spaces are provided for funds other than 402, GTSF, and local (please identify any other funds used). This total must equal the totals shown in Section H, above (Amount by Cost Category). M. Reimbursement Limits: Enter the maximum amount (in whole dollars) eligible for reimbursement in the first blahk. Enter the first day and last day of the contract period in the remaining blanks (for example: 10/1/75 to 9/30/76). . . NOTE: Federal projects (in FY -76 and subsequent years) *Cost plus a percentage of cost spent is prohibited. . Page 9 of 22 Procedures A3.•0 & may begin no earlier than October 1st and may end no later than September 30.* N. Contract Attachments: Enter the exact number of attach- ments to this contract. NOTE: All attachments must be numbered and must have the project number on the first page. The Statement of Work, General Provisions, and Special Pro- visions must be attachments 1, 2 and 3 respectively. II. TSS FORM A3.0, PAGE 2 (Back) A. Project Number: Same as page 1. B. Contingent Fee: The question asked here is: Has the contractor- employed and/or agreed to pay any person or organization a commission fee, or other consideration _ for helping the contractor obtain this contract? (Pay- ing someone for legitimate services such as writing a proposal or performing research is not the issue; the primary question is whether a kick -back or other Im- proper activity is involved). If such 1.5 the case (in other words, if either "has" block is checked), TSS cannot accept the contract. *However, if the proposed project period, as discussed in item J above, overlaps Federal fiscal years then a continua- tion project would be initiated. The continuation contract would consist of page 1 of Form A3.0, proposed budget and if the scope of work changes, a revised Statement of Work. Pace 10 of 22 Procedures A3.0 & A3, C. Equal Opportunity: The questions being asked are: 1. Has the contractor ever participated in a contract which has either: a. the same equal opportunity clause as shown in our current General Provisions,•lor b. hny earlier version of the equal opportunity clause (which is now obsolete)? NOTE: The references contain the phasing 'of the -earlier, obsolete equal opportunity clauses and these documents are not available (because they are obsolete). To escape this "Catch-22" problem, the contractor should check the "has" block if he has ever had a contract which had any kind of an equal opportunity clause at all. _ 2, Has the contractor filed all required compliance reports? NOTE: If no compliance reports were ever required, then the contractor has, indeed, filed all required reports and should check the second - "has" block. The only, time the second "has not" block should be checked is when the contractor has been required to submit compliance reports but has not done so. D. Affirmative Action Program: Principals of the contractor's organization will know if they have had to file an affirma- tive action plan. Only one block should be checked: Page 11 of 22 Procedures A3.0 3.l E. Certification of Nonsegregated Facilities: This certification is required on all contracts. The most common question is: does this apply to sexually-segreated restrooms" The answer is no; the ruling has been made that the individual's right to privacy has precedence. F. Reports: Note that page 2 of Form A3.0 regarding this re- quirement, has precedence over the Statement of Work. H. Clean Air Act Compliance: Mandatory on all Federal contracts in excess of $100,000 only. I. Principal Place of Performance:- Insert the name of the -city (if any), county, and state where the greater portion of the work under the contract will -be performed. J. Assurance: Required on all contracts. K. Signature: The contract must be signed by a representative of the contractor who is legally authorized to make binding contractual commitments for the contractor. The project director (if not the person who signed for the contractor) should also sign the contract, if possible. The date of each signature should be inserted. Typed or printed names, titles, addresses and phone numbers are required on the remaining lines. Page 12 of 22 Procedures A3.0 & A3.1 - III. CONTRACT ATTACHMENT I - STATEMENT OF WORK (TSS Form A3.1 -Enclosure B) A. GENERAL: A well written Statement of Work is the backbone of a good traffic safety contract. The Statement of Work must clearly and specifically define the responsibilities and the actions to be performed by both parties and,by major subcon- tractors (if any). The Statement of Work should be written so that an independent third party with reasonable intelli- gence, but na specialized knowledge, can clearly understand -what-each party to the contract is to do. The key questions are: (1) who?, (2) what?, (3) when?, (4) where?, (5) why? B. "Format: TSS Form A3.1 may be used, if desired; however, a plain_sheet of paper will suffice. If the form is not used, be certain that the project number, the words ' ATTACHMENT 1" and "STATEMENT OF WORK" are included on the first page, that the -pages are numbered 1 of "x," 2 of "x," etc., and that all applicable items listed below are included: - C. Description -of Work to be Performed: The work to be.performed mustbe clearly stated with a series of tasks and task descrip- tions. D. Accountable Assets: If the contractor is authorized to pur- chase accountable assets, the Statement of Work shall include - a list of the authorized assets.- When assets are authorized, reference the General Provisions which concern accountable as-- sets. s-sets. If assets are to be provided by TSS (either as a trans- fer from a prior year's contract or from another site), the Statement of Work should include a statement to that effect and a list of the assets (TSS Form GC -GFA or a computer print - Page 13 of 22 Procedures A3.0 & C ' out)should be included as an attachment* to the contract. E. Milestone Schedule: A milestone schedule must be included in the Statement of Work. Milestones must be included for the "start" and 'bompletion" of the contract plus any other major milestones which are appropriate. Some projects will have a few appropriate milestones, others may have many. It is recommended that a milestone be used if, and only if, a tangible event occurs (the completion of a report results in a tangible product, namely, a copy of the report, whereas "starting" a plan or completing 50% of an activity often pro- duces'no tangible product and therefore is not a good mile- stone), only very complex projects should have as many as 10 to 15 milestones or more; and "average" project might have 6 -to 10.. All useable milestones will be included in the - monthly computer reports, and their completion must be do- cumented in monthly or quarterly reports. F. Deliverable Items: If any documents, such as reports, plans, etc., are to be delivered, the.Statement of Work should in- clude a full description of (and any detailed requirements for) the item(s) to be delivered, the quantity of'each re- quired, when they must be delivered, where they are to be delivered, and who bears the cost of delivery. *Each additional attachment to the contract must bear the project number and must be assigned an attachment number in the order in which the first reference to the attachment appears in the contract. For example, the first additional attachment referred to will be Attachment 4, the next will be Attachment 5, etc.. Paae 14 of 22 Procedures A3.0 & A3.1 G. Estimated Budget by Cost Category: As a part of the Statement of Work,'include a budget which includes cost category totals •' and lists the type of expenditures included. This is a sum- mary of the -detailed budget which is included as support material. (See Part VII). Example: Personal Services Coordinator $1,600 Secretary $ 734 $28,000 H. Method of Evaluation: Most traffic safety projects should be evaluated in at least a semi -scientific manner so that the OTS manager and the contractor will have a valid basis for • -determining if the project was really worthwhile and should be continued (or repeated elsewhere). The responsibilities of all parties concerned in the evaluation must be clearly stated in_the Statement of Work. IV. CONTRACT ATTACHMENT 2 - GENERAL PROVISIONS (TSS Form GC -2A) A list of general provisions and a correctly completed General Provisions Check List ( TSS Form GC2) must be included as Attach- ment 2 to the contract. Only the check -list is required in addi- tional copies of the contract. The project number must be in- cluded on the first page of each form. - V. CONTRACT ATTACHMENT 3- SPECIAL PROVISIONS (TSS Form GC -3) Include a list of special provisions or a sheet with the state- ment to the effect that no special provisions apply to the con- tract. The project number and "ATTACHMENT 3" must appear at the top of the first page. - VI. OTHER CONTRACT ATTACHMENTS Other attachments, as referenced in the Statement of Work, must be attached to the contract. Each must bear the project number and attachment number. Page 15 of 22 ,Proc,edures,A3.0 & P" VII. SUPPORTING MATERIALS Each contract file in Austin must include the following support material. These items are not a part of the contract but are required by Federal Regulations and TSS' policy on all negotiated* contracts in excess of $2,500 to show evidence that proper methods wereusedin selecting the contractor and that the total contract price is a reasonable estimate of what the work specified should cost. These items can be made a part of the contract by reference, but this is not recommended. Any cost category information which is to A. required should be stated avoid error or confusion. Procurement Information for Negotiated Purchases in Excess of $2,500 (TSS Form PI -1): . Enter the project number in the first space provided, and the initial date of the project period in the second space. Check one applicable "Reason" block (the first block should always be checked on projects with counties, communities, or state agencies, such as DPS). Check one of the three "_Basis" blocks. When a state agency or local jurisdiction is the contractor, check the "other" block and enter the words "responsible jurisdiction." If explicitly.in the Statement of Work the contractor is an engineer or a block can be checked and the state cation cited. In other instances, CPA, the "Qualifications" registration or certifi- contact the Accounting and Contract Section for assistance. Check the applicable * Competitively awarded contracts require special procedures and docu- mentation which must be prepared to suit the specific project. Con- tact the Fiscal and Planning Group, SDHPT for assistance. Page 16 of 22 Procedures A3.0 & A3 ' "Basis" block and attach (or reference) the applicable pre- award audit or attach a Budget by Cost Category (see below). The responsible manager, upon determining that the cost is_ in fact reasonable and consistent with the scope of work specified in the contract, should sign and date the form in - the spaces provided. B. -'Detail Budget by Cost Category (Tss Form BUD): As a necessary part:of determining the reasonableness of proposed cost, the _responsible manager must review the budget in detail; in par- - ticular, ar-`.ticular, the -following determinations must be made: 1. Are the right categories or classes of people being used? For example, an engineering study may -be done entirely by an engineer_or by an engineer with different numbers of clerical and support personnel. Is the mix of personnel appropriate for the scope of work indicated? 2. Are-the-number_of hours estimated for each individual (or class of individuals) consistent with the scope of work? For -example, in some private organizations, the president or some other executive is often charged directly to -contracts to "cover" his salary, even though he does no work directly related to the contract. (His salary should be part of the indirect or "overhead" cost).. 3. Are benefits and other charges reasonable and correctly calculated? 4. Are Indirect Cost and Profit (if any) reasonable? (See sections I.H.5 and 6.) 5. Have all extensions and totals been correctly computed? Page 17 of 22 r.00euur CS HJ . V of nJ n 1 6. Does the overall cost "seem" reasonable for the scope of work specified? The manager should attach a copy of the cost breakdown to TSS Form PI -1 and send it to the Fiscal and Planning Group. The format of this budget may vary according to the type of pro- ject involved; the level of detail and types of information evalu- ated, the practices of the contractor, and the "style" of the manager; A suggested format (which should be used in the absence of a -compelling reason to use another) is presented in TSS Form BUD. NOTE: The budget as described above is a detailed estimated budget with rates and extensions. This budget supports the estimated budget outlined in the Statement of Work. VIII. SUBCONTRACTS: A. General: Each subcontract must contain essentially the same elements as the basic contract. More specific information is presented below. Subcontracts on all Federally -funded contracts must be approved by DOT before any costs are in- curred against it. It is strongly recommended that all sub- contracts be submitted for approval at least 60 days or more in advance of planned go ahead, and preferably at the same time the original contract is submitted for approval. B. Contract Form: Both pages of TSS Form A3.0 can be used in ' a subcontract if all references to TSS are changed. The contractor may wish to use another form; this is acceptable, provided all the requirements, representatives, certifica- tions, and acknowledgements are properly included at some appropriate point in the subcontract. Page 18 of 22 Procedured A3.0 & A3.1 C. Statement of Work:- The same guidelines apply to contracts and subcontracts. The TSS prime contract should be cited in the subcontract, however, and the subcontractor should be informed that all Federal and State laws which apply to the prime contract also apply to the subcontract. D. General Provision: Use the TSS Form GC -2A. E. .Special Provisions and other Attachments: The same guide- lines apply to the prime contract and the subcontract. Page 19 of 22 T TEXAS TRAFFIC SAFETY PROGRAM CONTRACT, ' STATE DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION TRAFFIC SAFETY SECTION . I I NATIONAL I STAND F.10 ^VJ•, I -"^v, -,V• `W1 U U U U U PRJJECT NAME BRIEF DESCRIPTION OF PROJECT IFOR DETAILS SEE STATEMENT OF WORK) • • GOADS METHOD OF EVALUATION (FOR DETAILS SEE STATEMENT OF WORK) COST CATEGORY AMOUNT FUTURE FUNDING PERIOD AMOUNT PERSONAL SERVICES CONTRACT SERVICES COMMODITIES OTHER DIRECT COST INDIRECT COST.... PROFIT - OCT. -DEC. JAN. -MAR. APR. -JUN. JUL-SEP ' - PROPOSED PROJECT PERIOD - - TO - --_ CONTRACT. PERIOD _ TOTAL TOTAL TO TYPE^OF REIMBURSEMENT- I LUMP SUM $ ll^� I COST UWTOF WORK 1 B U71 COST PLUSFIXED FEE I I SPECIFIC RATES ACTUAL COST - I pp FOR DETAILS SEE STATEMENT OF WORK SOURCES OF FUNDS AMOUNT REIMBURSEMENT UM MAXIMUM AMOUNT REIMBURSEMENT 2. NO COST CATEGORY BY MORE THAN 5% TOTAL BUDGET 3. ONLY THOSE COSTS THE FOLLOWING ELIGIBLE PDR REIMBURSEMENT: TO TS ELIGIBLE FOR • FEDERAL(402) GTSF - LOCAL _ - MAY BE EXCEEDED, OF THE CONTRACT INCURRED DURING PERIOD SHALL BE ___ 4. THE CONTRACTOR MUST BEAR ALL COSTS NOT ELIGIBLE FOR REIIBURSE- . _. MINT TOTAL - 1 • THIS CONTRACT INCLUDES- • IN THE EVENT OF ANY CONFLICT SHALLBE RESOLVED APPEARS. USING THE 1. CONTRACT (THIS 2. STATEMENT OF WORE 3. GENERAL PROVISIONS K 4. SPECIAL PROVISIONS 5. OTHER � • FEDERAL AND STATE 1 • THC CONTRACT MAY f ATTACHMENTS _ BETWEEN PROVISIONS AND/OR REQUIREMENTS OF THIS CONTRACT, THE INCONSISTENCY OR AN ORDER OF PRECEDENCE TO EACH. ACCORDING TO THE FORM OR ATTACHMENT IN WHICH IT - - SHALL BE THE BASIS FOR DETERMINING EUGIBIUTY OF COSTS_ _ WRITTEN AUTHORIZATION EXECUTED IN ACCORDANCE WITH TSS policy. INCONSISTENCY OR CONFLICT BY ASSIGNING FOLLOWING ORDER: FORM) (ATTACHMENT 1) (ATTACHMENT 2) (ATTACHMENT S) REGULATIONS AND GUIDELINES BE AMENDED ONLY BY 71•E CONTRACTOR IS HEREBY AUTHORIZED TO PERFORM WORK ON THIS PROJECT. DURING THE PERIOD CITED ABOVE, SUBJECT TO THETERMS AND CONDITIONS OF THIS CONTRACT AND ALL APPLICABLE STATE AND FEDERAL LAWS AND REGULATIONS. SIGNATURE OF PERSON AUTHORIZED TO COMMIT TSS SIGNATURE OF PERSON AUTHORIZED TO COMMIT CONTRACTOR TITLE TITLE laa �s;r.,.�. CONTRACTOR TEXAS TRAFFIC SAFETY PROGRAM CONTRACT Procedures A3.0 ATTACHMENT. 1 Enclosure B • STATEMENT OF WORK FT-�--I I -I m r1 NUMBER NIIMBEN INJ LUDE Mn I SION1 SCHEDULE AND MF 'HOD IH kVA% UAIION TSS`., V o•,FC„ GAGE • OP _ Page 22 of 22 ril Ca JIlj160L J Contract Number (51) 03-03 ci INTERLOCAL COOPERATION ACT CONTRACT This Contract and Agreement is entered into by and between the State Agency and the Local Govermental Body shown below as Contracting Parties, pursuant to the authority granted and in compliance with the provisions of the "In- terlocal Cooperation Act", Article 4413(32c) V.C.S. I. CONTRACTING PARTIES: The Receiving Party: The Performing Party: City of Corpus Christi State Department of Highways and Public Transportation II. STATEMENT OF SERVICES TO BE PERFORMED: The "Performing Party" agrees to perform skid test, operations 'tin various •streets within the city limits of Corpus Christi for the "Receiving Party." III. BASES FOR CALCULATING REIMBURSABLE COSTS: See attached estimate. Pile 18.303-1 Page 1 of 2 IV. CONTRACT AMOUNT: The total amount of this contract shall not exceed 2619.58 Two Thousand Six Hundred Nineteen Dollars and 58 Cents. V. PAYMENT FOR SERVICES: Receiving Party shall pay for services received upon receipt of a proper invoice or voucher prepared by the Performing Party within thirty (30) days from receipt of same. Payment for services performed shall be billed lump sum upon completion Payment received by the Performing Party shall be credited to its current appropriation item(s) or account(s) from which the expendi- tures of that character were originally made. VI. TERM OF CONTRACT: This Contract is to begin May 1, 1981 and shall terminate September 30, 1981 THE UNDERSIGNED CONTRACTING PARTIES do hereby certify that, (1) the ser- vices specified above are necessary and essential for activities that are properly within -the statutory -functions and programs of the affected par- ties of Local and State Government, (2) the proposed arrangements serve the interest of efficient and economical administration of Local and State Government, and (3) the services, supplies, or materials contracted for, if involving a State agency as one party to the contract, are not required by Section 21 of Article 16 of the Constitution of Texas to be supplied un- der contract given to the lowest responsible bidder. Receiving Party further certifies that it has the authority to contract for the above services by authority granted in Article 4413(32c) V.C.S. and/or The authority for execution is accomplished under Minute Order No. 70104. RECEIVING PARTY Name of Agency STATE OF.TEXAS Certified as being executed for the purpose an' effect of activating and/or carrying out the orders, established policies, or work programs heretofore approved and authorized by the Stati Highway and Public Transportation Commission: By: 4PPROVED: Authorized Signature Title Date File le 18.303-2 Page 2 of 2 BY: Engineer -Director Executed and approved for the State Highway and Public Transportation Commission under authority of Commission Minute 77446 RECOMMENDFD-FOR EXECUTION: Director, Finance • isn, icrx, .tan County. Nueces Limits: From: To: District No.. PROJECT ESTIMATE For Maintenance Special Je`31s 6$Day Labor Construction CoCo. - l�s.. o.Hwy. _ Prnjeot ... Kind Control Sec. Job Struct. No. No. Streets within the city ...... _ ._ Length _ _ .......Ft- -limits of Corpus Christi Present Condition: Proposed Work: Skid -test City Streets with the city, limits of Corpus Christi Prepared By:_ Jon -_Underwoo�Senior Research Engineer -_____3.-13 uMIT nr Y9r. tl£A tF £ S 4 i l i 7! E Mr QUANTITY Miles 19._.31 Traffic Count Fatal -F Injury Accidents in 19 Fatal -t- Injury Accident Rate Per 100 Million Vehicle Miles in 19.__ Total 2619:53 Plus ...-..% Engineering and Contingencies_... TOTAL ESTIMATE . $ 2619.58 Recommended by: Dletrlct Itnalaae. (submit Project Ertlmate In quadruplicate ereumpanied by Fetter o! recommendation In depUcate.) Estimated Contract Cost Skid Test - State Department of Highways F.Pub•lic Transportation 1. 454 Lanes Miles @ $5.77 $ 2,619.58 Traffic Control - Corpus Christi Off -Duty Policemen 1. Vehicle - $.18/mile x 454 Lanes Miles = $ 81.72 2. Two (2) Off -Duty Policemen Salary: $10/Hr x 48 Hrs x 2 Policemen = 960.00 Benefits: Social Security - 6.65% of Salary ($960) = 63.84. TMRS - 8.38% of Salary ($960) = 80.45 Insurance: Group: .25775/Hr x 48 Hrs x 2 = 24.74 Workmans Comp: .033930 x Salary ($960) = 32.57 Subtotal = $ 1,243.32 Traffic Engineering Staff 1. Salary - $8/Hr x 80 Hrs = 640.00 Benefits: Social Security - 6.65% of Salary ($640) = 42.56 TMRS - 8.38% of Salary ($640) = 53.63 Insurance: Workmans Comp: .002088 x Salary ($640) = 1.34 Group: $.2315/Hr x 80 Hrs = 18.52 Subtotal $ 756.05 GRAND TOTAL = $ 4,618.95 Corpus Christi, Teas o( day of TO THE MEMBERS OF THE CITY COUNCIL Corpus Christi, Texas For the reasons set forth in the emergency clause of the foregoing ordinance, a public emergency and imperative necessity exist for the suspension of the Charter rule or requirement that no ordinance or resolution shall be passed finally on the date it is introduced, but that such ordinance or resolution shall be read at three meetings of the City Council; I/we, therefore, request that you suspend said Charter rule or requirement and pass this ordinance finally on the date it is introduced, or at the present meeting of the City Council. , 199/ Respectfully, Council Members Respectfully, The City of Corpus Christi, Texas The Charter rule was suspended by the following Luther Jones Betty N. Turner Jack K. Dumphy Bob Gulley Herbert L. Hawkins, Jr. Dr. Charles W. Kennedy Cliff Zarsky The above ordinance was passed Luther Jones Betty N. Turner Jack K. Dumphy Bob Gulley Herbert L. Hawkins, Jr. Dr. Charles W. Kennedy Cliff Zarsky vote: by the following vote: 16288