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HomeMy WebLinkAbout44- Public Works Mmum i M %*Aw Fie No . 13 . 75 CITY OF SAN BERNARDINO — REQUEST FOR COUNCIL ACTION From: ROGER G . HARDGRAVE :.CPO.- t: Authorization to Execute Traffic Safety Project Agreement - State Dept: Public Works/Engineering ; ; i ,'.r: _ Office of Traffic Safety - Grant for the Inventory & Monitoring of Date: 1-25-88 Traffic Control Devices Synopsis of Previous Council action: 14" for 5-19-86 --- Approval of general concept of the Memorandum Proposal and authorization to proceed with grant application granted . Recommended motion: Adopt resolution . cc : Ray Schweitzer Jim Penman Warren Knudson Manuel Moreno Ann Siracusa Sig Contact person: Gene R . K l a t t Phone: 5125 Staff Report , Agreement & Supporting data attached: Resolution Ward: A 11 FUNDING REQUIREMENTS: Amount: N.1 A Source: (Acct No.) (Acct. Description) Finance• Council Notes: T r CITY OF SAN BERNARD160 - REQUEoT FOR COUNCIL AC1 iON STAFF REPORT A Memorandum Proposal for funding from the State of California , Office of Traffic Safety , was approved at the Coun- cil Meeting of 5- 19-86 , and authorization granted to submit an application . The Memorandum Proposal outlined a project to in- ventory all traffic signs , pavement markings , and other traffic control devices within our streets , to be financed with $60 ,000 from the Office of Traffic Safety. Mr . Peter Liu , our former Traffic Engineer , resigned in May , 1987 , before the necessary agreement was finalized . Due to a shortage of personnel , action on the agreement was deferred . A new Traffic Engineer , Mr . Anwar Wagdy , has been selected , and we are now in a position to proceed . The attached Traffic Safety Project Agreement has been reviewed and approved by the Office of Traffic Safety . The agreement provides , in general , that the Office of Traffic Safety will provide up to $74 ,400 to finance the cost of having a video log and computerized inventory of all traffic control devices prepared by a contractor . The Office of Traffic Safety would prefer that these items of work be done by City Forces , but they recognize that our staff is not sufficient to take on this task. The State has requested that the City propose funding into the third fiscal year . The State has indicated a willingness to fund additional personnel in the third year if their grant pro- grams are continued . An IBM compatible micro computer system , applicable software , video recorder and playback unit will be purchased with funds provided under this grant and turned over to the City . Contributions by the City will consist of providing coordina- tion , supervision and administration , and the continuing operation of the inventory . These functions will be provided by the existing personnel as a part of their regular duties . Aerial photographs will also be furnished , at an estimated cost of $30 ,000 . These photographs will be furnished to the City as a part of the General Plan update , and will necessitate no additional funds to be budgeted . Acquisition of an inventory of traffic control devices will provide additional information to assist in the defense of liability claims . Improvement of traffic control devices is expected to improve the traffic accident rate on our City streets . In view of the substantial benefits that will be realized from this grant , and minimal contribution required of the City , we recommend that the Traffic Safety Project Agreement be approved . 1/25/88 IA 1 RESOLUTION NO . 2 RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF A TRAFFIC SAFETY PROJECT AGREEMENT WITH THE OFFICE 3 OF TRAFFIC SAFETY RELATING TO A TRAFFIC CONTROL DEVICE INVENTORY . 4 BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS : 5 SECTION 1 . The City Administrator , Director of Finance , G and Director of Public Works/City Engineer of the City of San 7 Bernardino are hereby authorized and directed to execute , on 8 behalf of said City , an agreement with the State of California , 9 Office of Traffic Safety , relating to the provision of funds to 10 finance the preparation of a Traffic Control Device Inventory , 11 which agreement is attached hereto , marked Exhibit "A" and 12 incorporated herein by reference as fully as though set forth at 13 length . 14 SECTION 2 . The agreement shall not take effect until 15 fully signed and executed by both parties . The City shall not be 16 obligated hereunder unless and until the agreement is fully 17 executed and no oral agreement relating thereto shall be implied 18 or authorized . 19 I HEREBY CERTIFY that the foregoing resolution was 20 duly adopted by the Mayor and Common Council of the City of San 21 Bernardino at a _----_------_.—meeting thereof , held on the _ 22 day of _______ 1988 , by the following vote , to-wit : 23 AYES : Council Members 24 NAYS : ABSENT : 28 ----------- — - - 1/25/88 City Clerk r r Traffic Safety Project Agreement 1 The foregoing resolution is hereby approved this --day of 2 --_--_—__, 1988 . 3 4 ----- — — - - --- — -- Mayor of the City of San Bernardino 5 6 Approved as to form and legal content : 7 d Ci y Attorney 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 - 2 - 1/25/88 s K EXHIBIT "A OTS USE ONLY PROJECT State of California PSP NO. NLthlBER Business, Transportation 6 Housing Agency OFFICE OF TRAFFIC SAFETY RE'rISION DI[II�ER DATE � OF D SAFETY TRAFFIC SAFETY PROJECT AGREEMENT PROTECT gET ESTIMATE Fiscal Yr. Amount PAGE 1 (To be Co leted A12211 Et A en ) S L ROJE('T TITLE RAFFIC CONTROL DEVICE INVENTORY 2. NAME OF APPLICANT AGENCY Total $ CITY OF SAN BERNARDINO 4. pRojECT PERIOD Month Day — Year AGEr1CY UNIT TO Hp,PIDLE PROTECT From: 3 1 88 Public Works Department/Engineering To 7 1 91 ro sed project plan covering the objectives, method �. PROJECT GESCRIPTZCN Summarize the p po 100 words) of procedure, evaluation and end product in approximately With the aid of a consultant, an inventory of all traffic control devices in the City will be completed. A video log and computerized record system will be developed and maintain ed by the Traffic Section for use in analysis of traffic concerns, generation of work orders for repair and/or replacement of deficient signs throughout the City. Also, to be used by the Traffic Section for surveillance programs and monitoring the effectiveness of the system, City-wide. 5. FEDERAL FLZMS ALLCX-ATED LZQDER THIS AGREEMENT SHALL NOT EXCEED S 7. ACCEPTANCE CF CCNDITICNS - The provisions the reverse side hereof constitute a part of this a regiment A. PROJECT DIRECTOR B. AUTf?ORIZL`3G OFFICIAL OF APPLICANT AGE'iC'-' ' (714) _384-15051 �714� 384-5025 Evl n Wilcox Roger G. Hardgrave Won 1 Y Name: Address: 300 N. I'D" Street „ Address: 300 N. D Street San Bernardino, CA 92418 San Bernardino, CA 92413 Signature Signature Mayor Title Title Dir. of Public Works/city EnQr. --- D. TT RECEIlE ?AY".EvIS OFFICE AUTFCRIZED FISH, ;R ,CCCUNTING CFFICIaL Na Warren Knudson :lame: Finance Department Nam: . Director of Finance address: 300 N. "D" Street Title: San Bernardino, CA 92418 Phone: ATTACF1-1EITS ET"ial �ValuaLlOR Cata _crm Scneauie Protect Iescription Schedule A tification, California Adm. Support Contribution Schedule A- raffic Safety 'rogram (CTS-33) Detailed Budget Estimate Schedule B Budcet :';arrative Schedule B- � qw� aw a i e 3 s 0 O 0 Z cc i CID i Z . U) �7 LL J . J 1 Q« gs W J � � U C; p LU z. cl w rr O cl e 1 E .W. �'r } ` ; . �y Z -' 1 �g� a Y 2 9 Cc.Zh f« o m j Z ew Cam 7 N� M ~t� ? ri UJ i S TRA F . IC ACCIDENTS 4926 5 4732 4659 40_65 3949 ~ 4 3975 r ► O of Lu O I I WI 1 � I I 0 I 1 I 3 t 1— 2710 z W U U Q J J J J J H 1986 ~O 1998 Q O ►- w ( c w 1332 m 1382� 1317 M. 1264 i z 1028 1 O D z z Z z z z 1982 1983 1984 1985 1986 1987 ( 8 Mos) FIGURE 2 Page 1 of 5 pRoj,CT DESCRIPTION General: The City of San Bernardino is -Located approximately 60 miles east of Los Angeles and is the largest City in the1Cou000 andsantotalaarea of 57 square miles. SLocated well. It has a population of in the foothills to the Bereewayna d raiatsystem, with the nnterse0c0tioneof is the hub of the interstate f Y Interstate 10 and Interstate 215 at the southwest corner of the City. Streets and Highways: Route 30 and 330 serving the resoation ofnsectsons ofkRoute 30e and a330Bto Bear nk them through the City. With the comp will be circled by freeways and provide interchanges with 10 and 215, the City in the manner of eastern beltways. Tfestate routestand� freewa0ysrn within fthe rCity to maintain and approximately 27 miles o Loximately 6500 limits. Presently, there are 117ends signalized over1100rmiles of,stpriped streets. traffic signs, 2500 pavement leg operating Defoartments: 67ith_n the Department of Public Works, the Traffic Section, headed by the Traffic neec, has the responsibility for the rev _ew, analysts and establishment of Engi speed '.imits and all matters related to traffic. The City traffic control devices, sp to the Mayor and Common Council. uses a Traffic Safety Committee as an advisory body 'ttee. The Section and the Traffic Engineer is thehahTrafficfEngineer,fthetAssistant Traffic Engineer, is staffed by four persons - 'rig Eng'neec ing Technician II, and an F.rr nnsL and strhpl ngaace•nowhunderf the ,pfolic equipment required for installat4on of s:g �e aces the work order Secvices Department, and while the Traffic Engineer prepares The transfer of siqniny and striping, the work is performed by another Department. th :s responsibility to the Traffic Section zs in progress. Maintenance of the traffic signals s accomplished by a 5-man section in the Pubic blocks Dr�pactment and work closely with the Traffic Engineer. Problem: pr ?.y, there is no complete and accurate record edevicesonnnthbeCity-,pe P- and authorization for the installation of traffic the there is no program for surveillance of the existing controls, Loma°LLD the ce- effectiveness and suitability of the in-place controls or any Repa� rs and/or ce- pair and/or replacement of substandard or defof n4e devices. placement is accomplished by c'�aced,roroconditionJofntheedevices. Accident ds are made of the number of times rep . investigations require enormous amounts of time and research to determine where the sign is to be placed, if it was authorized, if *t was uireddepartmentt, forand whe�i it %ras last checked. Work orders are sent to he required pay action, but no record Ls made of the completion date or any subsequent ce r dates. it U.C. Berkley, In a study completed by the Institute of Transportation Studies, orest the team had are detailed Figure was reported that the traffic signs In the City were among the po observed in over 100 cities surveyed. Accidents in the City OTS-38b (Riev 5/82) riot" 0 5� A Page 2 of 5 F:- PROJECT DESCRIPTION 2 and reflect an accident rate 52% above the state-wide averages. In this same report, it was stated that the City of San Bernardino ranked 30th on the list of high accident cities of the 450 cities rated. Attempts to Solve the Problem: In the past, attempts to require the Public Services Department to complete a sign inventory have not been successful . Lack of manpower and the enormity of the pro- ject, as well as the lack of technically oriented staff or a means to accomplish the program, have prevented them from even attempting a solution. Traffic Section staff, limited to four members, is unable to provide the required time or manpower to assist. Each budget year, manpower and funds are requested for this work but budget con- straints prevent this work from being budgeted. Tracking of the work orders is complete in the Public Works Department but there is no comparable tracking in the Public Services Department (the department performing the work) Project Objective: 1. To complete an inventory of all traffic control devices in the City within a one-year, period. 2. To have this list available on a centralized computer record that will allow the periodic inspection, management and reporting of the condition of the inventory and to have this system operational and on line within 2 years. 3. To be able to review the existing inventory, evaluate the installations and improve those that are substandard or do not provide the level of protection desired. 4. Improve the traffic safety record by reducing the number of accidents or injury accidents in the City. 5. To reduce liability by having current information on the installation date, authorization for installation and conditions of the signs/striping available and in acceptable form for court documents. 6. To upgrade deficient signs and striping discovered. 7. Improvements to the system, reduction of accidents, ongoing inspection and evaluation are long term goals to be immediately implemented and continued for the project life. OTS-38b ( Rev 5/82) SCHEDULE A Page 3 of 5 PROJECT DESCRIPTION Method of Procedure: PHASE I The City proposes to hire a selected consultant firm to prepare a video log of the existing street system, to complete an inventory in an acceptable computer format to be run on an IBM PC or compatible system and to provide a City selected computer system, video equipment, software and completed inventory. The City would monitor the system, update and maintain the inventory and update the video using the provided equipment and existing section vehicles and staff. Programs for reporting, work order development and maintenance scheduling will be developed and implemented. PHASE II Maintain records system with monthly updates PHASE III Implement improvements to traffic control devices inventory. Work would be proposed to be phased as. follows: ESTIMATED CALENDAR DATES TASK Start Complete 1. Send letters of interest to list of 03-01-38 0441-88 consultants for services (4 weeks) 2. Screen letters of interest and prepare 04-01-88 05-01-38 request for proposals for no more than five (5) consultants. ( 4 weeks) 3. Interview and select consultant. 05-01-88 05 -15-88 (2 weeks) 4. Consultant to prepare video log of signing 06-01-88 03-01-89 and striping existing in the City systern. Provide a duplicate set to the City for immediate use. (9 months) 5. Secure the computer system for the 05-15-88 07-15-38 inventory and investigate the mainten- ance and reporting programs (2 months) 6. Load the inventory onto the computer 03-01-89 04-15-89 system in implementing the completed system. ( 6 weeks) 7. Maintain records of before and after 04-15-89 -- accident rates and new improvements. (ongoing) OTS-38b ( Rev 5/82) Page 4 of 5 pR=CT OLlCRIMOR 8. Prepare priority list of deficient 04-15-39 07-15-89 installation and establish program for replacement/repair to bring present stock into legal compliance. 9. Complete quarterly and yearly reports of effectiveness, accomplishment of upgrades and litigation defenses. 10. Secure staff to maintain system. 10-15-90 07-10-91 Method of Evaluation The evaluation of the project will be measured by its compliance with the tasks defined in the project objective section, that is: 1. Is an inventory for all traffic control devices in the City completed within one year! 2. Is a computer system operational that will give details on the date of installa- tion and authority to install devices and provide a useful tool for management within the City within the two years proposed. 3. With the inventory in place, be able to identify deficient devices and evaluate existing conditions. 4. Obtain a measurably reduction in the accident rate as it can be related to control devices and their installation. 5. To obtain an improvement in the condition of the striping and signing in the community and reduce the number of complaints. 6. Obtain an improvement in the perception of the citizenry as to effectiveness and usefulness of the control devices and striping. To be measured by reduced complaints and greater respect of the control devices. 7. Determine the Consultant's compliance with the intent of the contract documents and his performance of the tasks to be listed within it. 3. To secure a more responsive Traffic Section and increase staff to meet the needs of the growing community. Tleasures of the effectiveness of the system will be by the increase or the anticipated decrease in the accident rates, the reduction in complaints and a higher rating on both accident rate and sign legal conformance by rating agencies. The number of deficient signs repaired or replaced yearly will. be available. Additionally, the Traffic Section will have an ongoing monitoring system and will be able to coor- dinate the high accident locations with the sign inventory. The evaluation by the Traffic Section will be measured by the effectiveness of new signing, the modifications or upgrades to current signing and an over-all improvement in traffic safety within the City. OTS-38b (Rev 5/82) 'd SCHEDULE A 5 Page 5 of PROJECT DESCRIPTION Evaluation will be performed by the Assistant City Engineer and the Director of Public Works/City Engineer for this project. The responsibility for the control of the consultant, operations of the Traffic Section and the reporting on the effective- ness shall reside with these individuals. They are in a position that allows the direction of the activities and the approval of payment for services rendered. STATEMENT OF INTENT The City intends to: 1. Provide the contract administration for the consultant portion of the work. 2. Set the goals and program parameters. 3. Provide the necessary staff to support the program once established. 4. Update of the video log of signs and striping and the computer records. 5. Monitoring of the system and the evaluation of the effectiveness will be the responsibility of the Traffic Section. G. The City will perform the signing and striping with the intent to consolidate the responsibility for the work in the Traffic Section. 7. The City has and will maintain the vehicle for the video log updating and will maintain this equipment and attempt to upgrade staffing to meet future needs. 8. Allocate sufficient man hours of work to maintain the system and City intends to provide for this in the yearly budget for the section. 9. Intends to complete the project in a timely manner and complete all tasks identified within the project. c OTS-38b (Rev 5/82) SCHEDULE A-1 ADMINISTRATIVE SUPPORT STATEMENT - Explain rect hastin your type On May 7 , 1987 , the project preliminary proposal was presented to the Mayor and Comnon Council , was approved by the Legislative body , and staff was authorized to proceed with the request . The final agreement will be presented to this body for approval . The Public Works Department is the originating source of the request and is fully supportive . The traffic division of the police Department has referred to the ITS study report and has been supportive of all efforts to reduce the accident and injury accident rate in the community . The project is recognized as important and necessary but no specific priority has been assigned . Present budget constraints prevent the assignment of this project to existing staff. The Mayor ' s Traffic Safety Committee is also aware and supportive of this pro- gram or any program that would promote traffic safety and could potentially reduce accidents in the City . AGENCY CONTRIBUTION - Explain what services or funds are being contrib- uted by your agency in support of this project. The City will provide the coordination , supervision and administration for this project and all required staff work for the ongoing operation and maintenance of the system . It is estimated that the following will be the salary contribution during the project period . Traffic Engineer - Supervision and Coordination $ 3 , 500 . 00 per year 5:' of yearly salary and fringes Assistant Traffic Engineer $ 12 , 700 . 00 per year Supervision and Coordination 30% of yearly salary and fringes Ongoing Costs for Maintenance and Opera- $ 8 ,000 . 00 per year tion of the system , support staff of Tech I and II Finance - Accounting and Payroll $ 1 ,000 . 00 per year Contract Administration , lst year only $ 12 ,000 .00 . Vehicle Maintenance & Operation $ 500 . 00 per year Aerial photos S 30 ,000 . 00 1st Year * lst Year $ 67 , 700 . 00 Succeeding Years $ 25 , 700. 00 OTS-38c (Rev 5/82) *There will be no program income generated as a result of this program. t ADDENDUM Project No. This project is approved subject to the following conditions: 1. Personnel funded under this project shall be dedicated in total to traffic law enforcement . EXCEPT: a . In the case of a criminal offense committed in the officer 's presence. b. In the case of response to an officer in distress . C . In the case of a riot where all available personnel must be committed. 2. Equipment funded under this project is subject to same requirements as #1 above. 3. Fiscal year funding will be at the level shown under Project Budget Estimate and Schedule B, Detailed Budget Estimate, provided that project activities and personnel are maintained at the same level during the total term of the project. j I, OTS-23 (Rev 5/82) I SCHEDULE B DETAILED BUDGET ESTIMATE Page FISCAL YEAR ESTIMATES TOTAL COST F - F - FY- TO PROJECT COST CATEGORY - o 0 0 1 U- - A. PERSONNEL COSTS q_3a-qn - - Positions and Salaries i Employee Benefits 8 Total 0 Personnel Costs FB. TRAVEL EXPENSE .....................................� _ Total 0 Travel Expense C. CONTRACTUAL SERVICES Consultant Service $30,000 $35,000 Total Contractual Services $30,000 $35,000 $65,000 OTS-38d ( Rev 5/82) a SCHEDULE B DETAILED BUDGET ESTIMATE Pa 2 FISCAL YEAR ESTIMATES TOTAL COS' COST CATEGORY FY-1 FY-2 FY-3 FY-4 TO PROJEC` D. NON-EXPENDABLE 5-1-88 to 10-1-89 10-1-90 PROPERTY 9-30-89 9-30-90 7-1-91 Computer System 3,500 Printer 1 ,500 Video Camera 1,200 Playback unit 1,200 Total Non-Expendable 4,700 2,700 7,400 Property E . OTHER DIRECT COSTS Software 2,000 Total Other Direct Costs 2,000 2,000 F . It1DIRECT COSTS Total Indirect Costs - 0 - - 0 - - 0 0 - - - TOTAL BUDGET ESTIMATE F_,All Catecories 34,700 I 39,700 74,400 *' SCHEDULE B-1 BUDGET NARRATIVE F�Personnel Costs nnel costs are part of the City's participation in this project. Consultant Services Depending on the timing of the program, it is possible that the m ay may complete the project in one fiscal year, however, the costs have been split nto two fiscal year programs to allow for the time lag in processing. Cost is estimated on the basis of the area of the City, the miles of roads and streets and the estimated number of devices to be inventoried. Non-Expendable Property Costs for an IBM compatible system, software, video recorder, playback unit and support software have been estimated in the budget. Aerial photos area part of the City' s contribution. Other Direct Costs An estimate has been made for software for various aspects of the project not included in the consultants portion. I I I I i OTS-39f ( Rev 5/82) V U O O � O 1•'f y •r L I n IA p � f•1 O. J < n C N Y n q S y o 0 o n �u n m 4 � • 0� � O F ^ n N C Y w r O. 7 e n �d r � < e v z _ Aj < o � o w C .• ++ M I IA e at >. n 10 Y e aJ � I C n i m m d o c m 0 e to co (\I v m q x o v s .+ �7 J .] •� m U c C r �' L O L < Y Y u O C C1 N •. e 6 N M L .+ <� q O IT 7 96 A E 1 �• tr E 1+• m O s v p 1 •U r U Y q U Y 1 -• O I U r d L d L O d L S .•+ � u m > m m a C .+ m 0 J u q C .l al C ••+ m d u c \ or u u •- < a Y < E r v 6 m � LL• v+ do w � a F C a v L 0 v (Vrf U Iv r• a m n d F N t!I O O ••• •.A S F to V ¢ t Z F ul V < < Z F V S < z F n = M J O � ••� O. F N t CERTIFICATION CALIFORNIA TRAFFIC SAFETY PROGRAM EQUAL OPPORTUNITY ASSURANCE Pursuant to the requirements of Title VI provisions of the Civil Rights Act of 1964, the certifying applicant acting through its chief administrative officer, desiring to avail itself of the benefits of Chapter 1, Title 23, United States Code, and as a condition to obtaining the approval of the Secretary of Transpor- tation and Governor of California of any highway safety projects as provided for in Title 23, United States Code, Section 105(a) , hereby gives its assurance that all provisions of Equal oppor- tunity Assurance with regard to the Highway Saety Program will be complied with fully. MINORITY BUSINESS ENTERPRISE (1) -policy. It is the policy of the Office of Traffic Safety and the certifying applicant that minority business enter- prises as defined in 49 CFR Part 23 shall have the maximum opportunity to participate in the performance of contracts financed in whole or in part with Federal funds under this agreement. Consequently, the MBE requirements of 49 CFR Part 23 apply to this agreement. " ( 2) "MBE Obligation. The certifying applicant or its contractor agrees to ensure that minority business enterprises as defined in 49 CFR Part 23 have the maximum opportunity to participate in the performance of contracts and subcontracts financed in whole or in part with Federal funds provided under this agreement. In this regard the certifying appli- cant and all contractors shall take all necessary and reasonable steps in accordance with 49 CFR Part 23 to ensure that minority business enterprises have the maximum oppor- tunity to compete for and. contracts . The certifying applicant and its contractors shall not discriminate on the basis of race, color, national origin, or sex in the award and performance of DOT-assisted contracts . " OTS-33 (Rev 5/82) (over) CERTIFICATION CALIFORNIA TRAFFIC SAFETY PROGRAM EQUAL OPPORTUNITY ASSURANCE Pursuant to the requirements of Title VI provisions of the Civil Rights Act of 1964, the certifying applicant acting through its chief administrative officer, desiring to avail itself of the benefits of Chapter 1, Title 23, United States Code, and as a condition to obtaining the approval of the Secretary of Transpor- tation and Governor of California of any highway safety projects as provided for in Title 23, United States Code, Section 105(x) , hereby gives its assurance that all provisions of Equal Oppor- tunity Assurance with regard to the Highway Safety Program will be complied with fully. MINORITY BUSINESS ENTERPRISE (1) -policy. It is the policy of the Office of Traffic Safety and the certifying applicant that minority business enter- prises as defined in 49 CFR Part 23 shall have the maximum opportunity to participate in the performance of contracts financed in whole or in part with Federal funds under this agreement. Consequently, the MBE requirements of 49 CFR Part 23 apply to this agreement. " ( 2) "MBE Obligation. The certifying applicant or its contractor agrees to ensure that minority business enterprises as defined in 49 CFR Part 23 have the maximum opportunity to participate in the performance of contracts and subcontracts financed in whole or in part with Federal funds provided under this agreement. In this regard the certifying appli- cant and all contractors shall take all necessary and reasonable steps in accordance with 49 CFR Part 23 to- ensure that minority business enterprises have the maximum oppor- tunity to compete for and perform contracts . The certifying applicant and its contractors shall not discriminate on the basis of race, color, national origin, or sex• in the award and performance of DOT-assisted contracts . " (over) OTS-33 (Rev 5/82)