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<br />T~XAS TRAFFIC SAFE'IY PROGRAM CONTRACI' <br />G4. NoncoUusioD <br />The Contractor warrants that it has not employed or retained any company or person, other <br />than a bona fide employee working for it, to solicit or secure this contract, and that it has not <br />paid or agreed to pay any company or person, other than a bona fide employee, any fee, <br />commission, percentage, brokerage fee, gift, or any other consideration contingent upon or <br />resulting from the award or making of this contract. If the Contractor breaches or violates <br />this warranty, the Department shall have the right to annul this contract without liability or, in <br />its discretion, to deduct from the contract price or consideration, or otherwise recover the full <br />amount of such fee, commission, brokerage fee, gift, or contingent fee. <br />es. Reporting <br />Not later than thirty days after the end of each quarter, the Contractor shall submit a <br />performance report using forms provided or approved by the Department. The performance <br />report will include as a minimum (1) a comparison of actual accomplishments to the objectives <br />established for the period, (2) reasons why established objectives were not met, if appropriate, <br />and (3) other pertinent information including, when appropriate, analysis and explanation of <br />cost overruns or high unit costs. <br />The Contractor shall submit the final quarterly report within 30 days after completion of the <br />contract. <br />The Contractor shall promptly advise the Department in writing of events which have a <br />significant impact upon the contract, including: <br />1. Problems, delays, or adverse conditions which will materially affect the ability to attain <br />program objectives, prevent the meeting of time schedules and objectives, or preclude the <br />attainment of project work units by established time periods. This disclosure shall be <br />accompanied by a statement of the action taken, or contemplated, and any Department or <br />Federal assistance needed to resolve the situation. <br />2. Favorable developments or events that enable meeting time schedules and objectives <br />sooner than anticipated or producing more work units than originally projected. <br />G6. Records <br />The Contractor agrees to maintain aU books, documents, papers, accounting records, and other <br />evidence pertaining to costs incurred and work performed hereunder and shall make such <br />materials available at its office during the contract period and for three years from the date of <br />the final performance report under the contract. Such materials shall be made available <br />during the specified period for inspection by the Department, the U.S. Department of <br />Transportation and the Office of the Inspector General, ü the contract is federally funded, and <br />any of their authorized representatives for the purpose of making audits, examinations, <br />excerpts, and transcriptions. <br />6/91 Page 6 of 13 <br />