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ILESOLUTION N0. 74~ ~32
RESOLUTION AUTiiORIZrNG ~XECUTION OF COUNTY-
STATE AGREEMENT N0. 32
FAS Project RS-1523 (5) & RS-1524(1)
BE IT RESOLVED by the Board of Supervisors of the County of Butte,
SCate of Californ~a~ as followso
1. That said County enter into Countq-Seatie l~,greement No. 32
Federal-aid Secondary Road, District III, Butte Coun~y~ ~'ederal-aid Secondary
Project RS-Z523(5) for Pen~z Road from State Route 191 to I~essilla Val.ley
Road and Federal-aid Secondary Project RS-1524(1) for Pentz-Magal.i.a Highway
from I.2 miles north of I.,ime Saddle Road to 0.5 mile south of DeMiI1e Road
and Cl1e Chairman of the Board be authorized to execute said agreement on:
behalf of said County;
2. Tha~ Clerk of this Boazd be authorized to attacn certified copy
of this resolution to said agx'eement.
PASSED ~1iND k,.DOP~ED by the Board of Supervisors of the County of Butte,
StaCe of California, thzs l~'-h day of Septesnber ~974,~ by
the following vote:
AYES• Sugervisors Cameron, Gi7.maz~, Ladd, McKillop and Chairman Madigan
NOES: None I
ABSENT: None '
NOT VOTINGo None ~ ~
~
hairman, Board of 5 rvisors
County of Butte, Stat of Galifornia
k1TTEST: C1axk A. Nelson~ County Clerk
and ex-officio Clerk of ~he
Board of Supervisors
~ ~ N~ z~
Clerk r Deputy
7~/ /3~
_ ___ _ ~ _ : .
_~~~~1
~ ~
COUNTY-STATE AGREEMENT N0, ~~
,
FEDERAL-AID SECONDARY ~
03 ~UTTE
Distric~ County
RS~15z3 ~}
PROJECT NUMBER R~-~.~2~ ~.}
~'~t~1TT~ R4AD, AND
PENTZ MAGALIA RQAD
THIS AGREII~IEDTI`, mad~ in d~.plicate ~h~.s ~4~h day o~
sep~embex` , 19 ~, by and between the COUNTY OF
~ ~'E , a political subdivision. of the State
of California, hereinafter re~erred ~a as 11COLTNTYi'a and ~.he STATE
OF-CAL~FORN~A, ac~.ing by and through ~he Department of
Trans~ortation, hereinafter referred to as "STATE".
WTTN~SSETH
WHEREAS, ~under the p~ovisions of Title 23, Unit~d States
Code and other Federa~--aid Highway Acts, Federal funds are au~.h--
orized to be appropriated for e~pendi~ure on a system of second-
ary roads to be selected by the state highway departmen~.s in
coope~ation with local road offi.cials, and such a system has been
selected and Federal, funds have been app~opriated for expenditv.re
thereon; and
WHEREAS, as provided by the Secandary Highways Act of 195~
a~d Section 2200 et seq., of the S~reets and Highways Code, Federa~
ar ~change £unds and cer~.ain matching monies from. ~he S~a~e High-
way Ftiznd have been apportioned to Couz~ty £or the construction of
a Federa~-aid Secondary or ~change Dollar projec~ selected by
COUNTY ~.n cooperation with STATE and described in Exhibi~ "A"
hereCo; and
i+~HEREAS, ~.nder Federal Law, STATE is required to en~er into
an agreemen~ with COUNTY relative ~o prosecta.tio~ af ~Che said
pro~ect and mazn.tenance of the completed work.
NOW, THEREFORE, ~he parties agree as £ollaws:
HCC 212 Rev. $/73
ARTICLE ~ - Contract Adminis~~ation
. 1. The pro~ect ar projects described in ~chibit A, herein-
after referred to as "the project" sha11 be construc~ed as pro-
vided in this agreernent .
2. Construction work:
(a} FAS construct~.,on shal.l be performed by contrac~.
~/COUNTY sha1Z make fina~. preparations far advertising,
adyer~~.se and award ~he cantrac~, and make paymen~s to the
con~rac~or ~.s the saine beco~ie dv.e.
(b) Exchange Do11a~ Construction may be perfarmed by con-
~ract or by day labor a~ ~he op~ion of ~.he COUNTY provided
the competitive bidding requirements of State ar ~.acal
agency laws {whichever are appiicable} are me~.
3. The esti..Fnated cost of ~he project is as shown i.n ~€hibit A
here~o. A con~ract ~or an ainount in excess o~ said estimate ~nay
be awarded and projec~ expendi~ures may exceed said es~imate a.f
both STATE and COUNTY~concur in the amount of and the necessity
~or the excess ara.d sufficien~ money is availabl~ ta finance same.
4. Administra~ion of project:
{a) Zf STATE is to ad.ininiste~ the project, C~UNTY shall
deposit its share of the es~ima~ed cost as spec~fied on
~hibi'~ A with the STATE priar ~o the time funds are
required to reimb~urse con~ractor. STATE w.i~.~ bi1~. COUNTY
for amount due i~runediately folYowing Contract award or at
option of COUNTY wi~.I submi~ Tnon~.hly bil~.s during ~he li£e
of ~he Contract. Funds deposited prior ~o award which are
in excess of requirements, w~11 be irmnediately refun.ded
to COUNTY. Shauld COUNTY fail ~.a pay raonies due STATE
wi.thi~ 30 days af demand or within such other period as
may be agreed be~ween the par~.ies hereta, STATE, act~.ng
th~ough Sta~e Con~.rolZer, sha~I withhold an equal amount
~rom f~z.ture apportionm.ents due CDUNTY from the Highway
Users Tax Fund.
(h} I£ COUNTY is to adminis~er the project, STATE sha~.~
pay the proportionat~ Federa~. and State shares of the
e~.igib~.e par~icipa~~ng costs within twen~y (20) days af
C4UNTY'S submittal of acceptable rnonthly progress pay
estimates for e~pendit~.res on an awarded project,
HCC 212 Rev. 8/73 -2-
:-i.
(c) If ~he project is a cooperative project and includes
work on a state highway, the project shall be the subject
of a separa~e cooperative agreemen~ be~ween the State and
Coun~y.
5. STATE shal~ ~x ercise general supe~risio~ over FAS work
and may assume fu~~ and direct control over the pra~ec~ whenever
STATE, in its sole discretion, Shall dete~~~e tha~ STATEtS respon~
sibility to the United 5~ates sa requires.
b. The Congress o~ ~he United States, ~he Legislature of the
Sta~e df California, and the Governor of the State of Ca~i~ornia,
each with~n their respectyve jurisdictzons, have prescribed ce~tain
employmen~ practices,w~th respect ~o contract and o~her work
financed with FederaZ or State funds. COUNTY shall ins~re that
work perfo~ned under th~s agreem.ent is done in conformance with
the rules and regulations embodying such requirements where they
are applicab~e. Any agreemen~ or se~vice contract entered into
by COUNTY for ~he perfonnance of work cannected with the proj~ct
sha~~ incorporat~ Exhibit B attached hereto.
7. Ine~igib~e Work:
(a) ~n prajects subject to Federal regula~ions, aZ1 ~osts
properiy chargeab~e ~o the project but ruled ineZigib~e
under Federal-aid Highway Acts sha11 be paid by COUNTY
and sha~~ not be rei~bursed by STATE.
(b) On pro~ects subject ~o on~y STATE regu~at~ons, the
Exchange Do11ar Funds may be used only ~or road purposes
{to FAS standards) on or aff the Federal~aid 5econdary
Sys~em. ,
8. Af~er com.pletion of al~ work under this agreemen~ and after
a11 costs are knowin, any unused COUNTY money sha~l be refunded.
COUNTY monies depos~ted for prelirn~nary enginee~ing, construction
enginee~ing, and contract work shal~ be conside~ed to be inter-
changeable, and shortages of COUNTY money in one such category may
be made up fram unused COUNTY money in another category. When
~he amo~n~ of unused COUNTY maney is substantia~ and there is an
unusua~ delay in deterntining final costs, ~STATE sha~~ upon request
make an interim refund of the fund~ known to be in excess.
9. When reques~ed by COUNTY, STATE sha11 arrange for payr~en~
of available project funds for royal~ies due a property owner for
borrow ma~erial furnished to the contractor for ~he project under
an agre~tent between the proper~y owner and C~UNTY wh~ch has been
approved by STATE. A certified copy o~ such agreement must be
~i1ed w~~h STATE.
HCC 2~2 Rev. $/73 -3-
~0. When the project includes work to be per~ox~ned by a rail-
road, the contract for such work shal~ be en~ered into by COUNTY
or by STATE, at COUNTY~s option. A contrac~ en~ered in~o by
COUNTY for such work must have the prior approval o~ STATE. in
e~ther event, COUNTY sha11 enter inta an agreemen~ with the rail-
road providing for main~ enance o~ the pro~ective devices or ather
facili~ies installed under the s~rvice contract. At the request
of COUNTY; STATE sha11 make direct payment of project funds to a
rai~road tor work perforrned under a con~ract between COUNTY and
the raiZroad.
ARTICLE ~ Z- Rights of Way
I.. Such righ~s of way as a~e necessary for the construction
of the p.roject shall be furnished by COVNTY, and no contract for
~Che cons~ruc~ion of the project or any portion thereof sha~.~ be
awarded unti~. the necessary r~.ghts of way have been secured. Prior
~a the advar~ising of the project COUNTY shall ~u.rnish STATE with
evidence that necessary righ~s of way are avaiiable ~or construc--
tion purposes or w~.ll be avai3.able by the tirne bids are opened.
2. The furnishing of rights of way as pravided for herein
incl.udes in addition to al.~ real property required ~or the irnprove-
ment, free and clear of obstruct~.ons and encur~brances, the paymen~
of dainages ta real property not ac~ually taken but injurious~.y
affected by the proposed improvernen~, COLTNTY sha1.1 pay from its
funds ~he cost acquiri~n.g r~ghts of way and any costs whi.ch arise
out of right of way litigation, or out of delays to the contractor
because ~.tality £acilities have not been rern.oved or ~e~.aca~Ced,
ar because r~ghts of way have no~ been made avai.~.ab~e to the con-
tractor ~or the arder~y prosecia.tion o£ the work.
3. Whether or not Fedexal-aid is to be requested ~or righ~
of way, shoul.d COUNTY, in acquiring righ~ o~ way far FAS improve-
rnent, displace an indivi.dual, farn~~y, busirxess, ~arm operatzon,
or non-profit organiza~ion, reloca~ion payinen~s and ser-v~ices will
be provided as se~ forth i~a. Chapter 5 of Tit1e 23, U. 5. Code.
The publ.ic wi11 be adequately ~.nforrned o£ the relocation payinents
and services which Tai~~. b~ avai7.ab~.e and to the gr~atest extent
practicable no_person Iawfully occupy~.ng rea~ property sha1~ be
required ~o move ~rom h~.s dc~el.~.ing or ~Co move his business or
£arm opera~ion w~thout a~ leas~ 9~~days written notice fram the
COUNTY. COUNTY will provide the S~a~e with specifi.c assurance,
on each project, that no persan wi~~. be displaced t~.n~il comparab~.e
decent, safe and sanz,tary repl.acement housing is avai~.able within
a reasonable period of tirne prior to displaceinen~, and tha~ COUNTY'S
re~.ocation. program is realis~ic and ~.s adequate to pravide orderly,
ti~riely and efficient rel:ocation of displaced persans for the pro~ect
HCC 212 Rev. S/73 -4-
2. In the even~ tha~ the p~oject is programmed on a stage
cons~ruction basis, C~UNTY shall complete ~he pro~ect to z~s
final stage, with ar without Federal aid, at such t~ne as traf~ic
or other condi~ions warrant and in a rnanner sat~5fac~ory to STATE.
Should the work covered by ~h~s agree~ent involve a bridge w~~h-
ou~ approaches, within a period of twa (2) years after completion
o£ t~e bridge,COU~Y shall cause such approaches to be constrct.cted,
with or wxthout Federal aid, ~o design s~andards acceptable to
STATE.
3. The cost of maz~xtenance per~ormed by COUNTY forces during
any temporary suspension of ~he work rnay be charged to COUNTY
funds in the pro~ect if such are ava~lable ~.herefor.
4. (a) Neither STATE nor any officer or emp~.ayee thereof
sha~.~ be responsib~.e for a~y d~mage or ~iability occurring
by reason of anything done or omitted to be done by COUNTY
under or ~.n connection with any raork, authority or juris-
diction delegated ~a CDUNTY under ~hz.s ag~eeraen~. I~ is
also understood and agreed that, pursuant to Goverrnnent
Code Section $95.4, COUNTY shall fu1.~.y indeznni~y a~.d hold
STATE harm~ess from any liability imposed for injury
{as defined by Government Code Sec~.ion 8~0.$} occurring
by reason af anything done or omit~ed to be done by
COUNTY under or in connect~.on with any work, at~.~Chority
or ~urisdic~ion de~egated to COUNTY under this agree~nent.
(b) Neither COUNTY nor ar~y officer ar emp~oyee thereof,
sha11. be responsible for any da.mage or 1i.ability occurring
'by reason of any~hzng done or oma~tted to be done by STATE
under or in connection with any work author~ty or juris-
dictian not deZ.egated ta COUNTY under this agreemen~.
It is a~so understood and agreed that, purs~ant to
Government CodE Sec~ian 895.4, STATE shal]. ~'u.I1y indemni~y
and hold COUNTY harmZess from any liability im.posed ~or
injury (as defined by Gavermnent Code Section 8~.0.$)
occurring by reason of anything dane or amitted to be ~
done by STATE under or in connection with any work, author-
ity or jurisdiction delegated to STATE und~r this agreeanent.
5. Auditors o~' STATE and ~he United States sha11, be given
access to COUNTY'S books and records tor the purpose of checking
costs pa~d or to be paid by STATE hereunde~. All projec~ documents
will be ava~.~lable for inspection by authorized S~at~ and FHWA
pe~sonnel atj any time durzng the pro~ect deve~apment and for a
3--year perio;d af~er FHWA payment of f~na~ vaucher.
HCC 212 Rev. 8/73 -6-
as provided in FHWA Instructiana~ Memarandum 80-1-71, dated
Ap~i1 30, 2971. F~change Dol~ar p~O~~C~S will comply with
app~icabZe State laws.
ARTiCLE III - Engineering
1. "Pre~iminary engineering" as used herein inc~udes a1I
prel~minary work ~elated to the pro~ect, including bu~ not re-
stric~ed to preliminary surveys and repor~s, laboratory wark,
soi~ ~nves~igations, preparation of pla~s, designs, and adver-
~ising. "Cons~ruction engineering" as used herein inc~~des
actual inspection and supervision o~ construct~on work, construc-
tion stak~ng, laboratory and ~ie~d tes~ing, field reports and
records, est~ma~es,.final reports, and a~lowabYe expenses o~
empYoyees engaged in such activit~es.
2. Preliminary and construct~on engineering costs ~~cluded
in the esti~nate contained in Exhibit A may.be financed wi~h proj-
ec~ funds. The remainder o~ s~ch cos~s sha~l be financed by
COUNTY wi~hou~ reimbv.rsement. When pre~iminary engineer~ng or
cons~ru~t~on engineering costs inc~rred by COUNTY are to be
financed with project funds, STATE shal~ reimburse COUNTY for
services perforaned on the basis of the actual cost thereof to
COUNTY, including compensat~an and expense of personnel work~ng
on the praject, required materials, and automotive expense pro-
vided, however, that COUNTY sha~2 co~tribute its general a~rn.in-
istrative and overhead expense. Payments for such services shall
be made by STATE upon receipt of invoices from COUNTY prepared ~n
such form and suppor~ed by such detail as may be prescribed by
STATE.
3. Unless the partzes shal~. o~herraise agr~e in. writing,
COUNTY' ~ emp~.oyees shall perfoxm a~.~ engineering work. When
pre~.iminary or cons~na.etion e~gineering ~or the pro~ect is per-
~rormed by STATE, charges therefor sha~7. include an assessment on
direct ~abor costs ~.z~. accardance with Section $7SS.1 of ~he Sta~e
Administrative Manual. The por~Cion of s~.ch charges not f~.nanced
with Federal funds or Sta~e-supp7.ied matching funds or ~change
~u.nds shall be paid from funds of COUNTY.
AIZTICLE IV - Misce~Yaneov.s Provisions
~1. If Federa~. funds are used for this project, this agreemen~
sha~l have no force or e~fec~ t~.n~ess and ~antil the project is
approved by the United States, nQr sha1.1 any of the Federal az~.d
State ma~ching funds provided herein be e~pe~.ded un~.ess and ~.ntil
the Federal Governmen~ has agreed and is obligated to reirr-burse
STATE in fu~.Z for the amaunt of Federal fu.nds to be expended,
HCC 2~2 Rev. 8/73 -5-
6. Upon accep~ance of the completed pxo~ect by ~he awarding
au~hority, or upon the contractor being relieved of~the duty of
maintaining and protecting certain portions of the work, COUNTY
sha11 mainta~n the project ar such por~ions of the work in a man-
ner satis~actory ~o STATE. If, within nine~y days af~er ~eceip~
of no~ice from STATE tha~ the project or any partion ~hereof is
not bEing properly main~ained, COUNTY has not remedied ~he con-
di~ions c~mplained of to STATE'S satisfact~on, STATE may withhold
~he prograrmn~ng of further Federal-aid secondary projec~s o~
COUNTY until the project shall have been pu~ in a condi~ion of
ma~ntenance satisfactory to STATE.
7. The maint~nance r~f~rred to in the preceding paragraph
includes not only the preservation of the general physicaZ ~eatures
of Che roadway, roadside, and surfacing, bu~ also a11 safety and
regu~atory ~eatures, devices and appurtenances built into ~he
projec~, and none of said safety features, devices and appurte-
nanees shall be removed, eliminated ar decreased`i~ e~fect~veness
wirhou~ the prior approvaZ of STATE. Safety features to be main-
tained include a roadside c~ear of uti~ities and o~her obstruc-
tions or fea~ures whieh may be a hazard to a motorist who inadver-
tentZy leaves the traveled way. No utility pa~e, tower, or o~her
obstruc~ion shal~ bE p~aced within the right o~ way without the
prior approval o~ governing body o~ the jurisdiction in wh~ch the
project is ~ocated and, where clearances to ~he traveled way
are less ~han thase ~rescribed by STATE, withaut priar approval
of STATE.
ARTICLE V- Accommodation ot U~il.ities
LTtility facilities (as de£ined in U. S. FHWA Policy and
Procedure Memorandum 30-4.1) r~ay be accommodated on the right-of-
way provided s~.ch use and occupancy of the highway right-of-way
does not in~erfere with the free and safe flow of t~affic or
otherwise impa~r the highway ar i~s scenic appearance; and pro-
vided a Use and Occupancy A~reerriant, set~ing ~orth the terms u~nder
wh~ch the ut~lity facility is ~a cross or otherwise occupy the
highway righ~-of-way, is exec-~.ted by the COUNTY and OWNER. The
Use and Occupancy agreement setting forth the tenns which under
the utili~y faci.7.ity is ta cross or o~herwise occ~.py the h~.ghway
right-o~'-way must include the provis~.ons set ~arth ~n Section
F-11.04 of the LOCAL ASSISTANCE MANUAL pu.blished by the STATE,
unless otherwise approved by the STATE.
HCC 2~.2 Rev. 8/73 -7-
' ..} ' ' "
ARTTCLE VI - Gondi~ian of Acceptance
As a conditian of accep~ance of t~e Federa~-aid, State
Matching, and~or E~change rnanies provided for this project, C~UNTY
wiZl abide by ~he Federal and Sta~e po~icies and p~acedures per-
ta~ning to the Local Federal-aid Secondary Program.
~
HCC 212 Rev. 8/73 ~8-
IN WITNESS WHEREOF, the parties have executed this agr~ement by
their duly auth~rized officers.
STATE OF CALIFORNTA
Depar~ment af Transportat3.on
R . J . DAT EL
State Highway Engineer
By
C e
ice of Local Assistance
Approval RecommEncied :
COUNTY OF T'~`~ ~
.
By
hairman, Board of ervisors
AFPR~V~D AS Cou~RM
~utte County ~
~Qanie~ V~ ~
~~l
8y -.-~- ----- -_..._ ..._ ...... ...........•~
ATTEST:
ist~ict Director.of Transporta~ion
Ci.~.~i~ ~ ~t~~s~~
~o~~~ ~~~t~~
~:, ~ ~~
C1e k Board ~P~rr
Supervisors.
A~apraved 4a~ fiscal contro~, subject
to i~udge'~ appropria~oR
Audit Off'
~y _.~._,. . .
HCC 212 Rev. $/73 -9-
EXHIB~T A
ARTICLE VIZ - Project Location and Description of Work Proposed:
Location: FA5 Pro~eC~ RS~1~23{~)
Pent~ Road ~rom ~ta~~.Rou~~ ~g~ ~o Messi~~a Val~ay
Road abcut s~~~n miles ~QUth a~ Paradiae;
Net Length: ~.~ ~~~~~
Description of Work: ~r~de, d~a~~, ba~e & AC surface a
'~wo-~.ane ~ounty road
and an
~oe~t~.o~: ~'~l~ ~'rt7~~c~ R$-~.~2~~~.)
. Pen~z P~ag$3.~a H~.ghway F-ram 1.~ m~.~.e~ north Qf
~.i.me ~add~.e Road to ~t.5 m~~.~ ~ou~h v~ ~~:~.1~.~
Road abou~ ~Mre~ m3.~.~~ southeas~ ~f ~'ar~d~.se
Ne~ ~engths ~.5 mi~.~s ,
~eserip~ion of Worl~: Grade, drain base and ~'ave a
two~lane count~r road.
AR~ICL~ V~II - Prc~pos~d P~o~~e~ ~unding;
Cos~ : TO~A~, CnST ~~42, 40C3
~'~.n~ l'},C ~,i'~', .'
~'ec~eral-aid Secondary ~`unas ~331,5g$
S'~a~e ~~hway 1~la~ching ~und~ ~~.~6,6g$
Gt~unty Funds ~ ~.3,'~~~
HCC 2I2 Rev. 8 J73 -10~-
,ART~CLE IX: Specia~ Covenants
1. Holdover Clauses
(a) Pursuant to the autho~i~y contazned in Section 22I2 of the
S~reets and Highways Code, i~ is agreed between the parties here~a
that the apportiorunents of Federal-aid SecondaryJ~change Do~~ar
and S~ate Highway Matching ~unds ~o BUTTE County ~ar
the ~w0 successive fiscal years ending June 30, 197~~-,, shall
be combined for thxs project. Also to be cambined in this pro~eet
are any availab~e balances ~rom prev~ous fiscal year appor~ionments.
(b) The County will submi~ plans, specif~catxans, estimates
and the right of way cert~tication by Oc~ober ~, ~97~.
HCC 2~2 Rev. ~0/73 ~10A-
EXHIBIT B
ARTICLE X - Nondiscrimination ~rovisions
During ~he per~armance of ~his con~~act, the contractor, for
itse~~, its assignees and successors in interes~ (here~naf~er
r~ferred to as the "contractor") agrees as fo~~.ows :
I. Compl~.ance with Re~lations: The con~tractor sha11 comply
with the Regulations relative ~o nandiscri~nina~ion in FederalLy-
assisted programs af the Department of Transporta~tion, Ti~1e 49,
Code o~ Federal Regulat~.ons, ~art 21, as they rnay be amended from
time to time, (hereinafter referred ta as the Regu.lat~.ans) , which
are here~.n ~.ncorporated by reference and made a part of this
contract.
2. Nondiscrim~.nation: The contractpr, with regard to the wark
per£ormed by i~ during the con~.~act, shall not disc~iminate on the
grounds of race; color, or national origin in the selec~ian and
retention of s~bcon,tractors, inc~.-udi.ng proc~.rerr-ents of ma~eria~.s and
leases of equipment. The contractor shall no~ participate either
direct~y ar indirect3.y in the discrimination prohib~ted by Sec~.ion
21. S of the Regu3.ations, ~ncluding emp~.oyrr~ent pract~ces when the
contract cove~s a program set.~orth in Appendix B of the Regu~.ations.
~ 3. Solicitations for S~.bcon~racts Includin Proct~rements of
Mater~als and Equipment : Tn a11 soT.ici~.atiox~.s ei.ther by carnpetitive
bidding or negotiation inade by the contractor ~or work ~o be per-
formed under a subcontract, including procure~nents of materia~.s or
~.eases of equipment, each potential su.bcontrac~or or s~.pplier shal~
be not3.~ied by the con~ractor of the contractorts ob~igations under
~his contract and the Regul.ations r~l.ative ta nondiscrimination on
the grounds of race, ~olor, or national o~igin.
4. Infax~rnation an.d Repor~s : The con~ractar sha~~ provide al1
information and repor~ts required by the Regu~ations, or directives
issued pursuan~ there~o, and shal~ pe~ni~ access tb its books,
records, accounts, o~her sources of inforn~ation, and its facili~ies
as inay be de~erinined by ~he State Highway DepartmEnt or the Federal
Highway Administration to be pertinen~ to ascertain compliance wi.~h
such Regulations or direc~~ves. Where any info~nation required o~
a cont~actor is ~.n the excl.usive possession o~ an.o~her who fai~.s ox
r~fv.ses to furnish this informa~ion, the contractor shall so certify
to the S~ate Highway Department, or ~he Federa~ Highway Administration
as appropr~ate, and shall set forth what e£forts it has made to
obtain the informa~ion.
5. Sanc~ions for Nancor~p~.iance: In ~he event o~ the contrac~or's
noncoznpliance with the nond~scrimination provisions of this contrac~
the State Highway Departmen~ shall iFnpose such con~ract sanctions as
it.or the Federal Highway Administration rr-ay de~ermine to be ap~ro-
priate, including, bu~ no~ l.im ited to:
HCC 212 Rev. $/73 -].1-
,.~ ~
~. - {,• .. . , . .~ . , ._
(a) withho~ding of payrnen~s ~o the contra~tor under the
cont~act un~il the contrac~or compl'ies, and/or
(b) caneellation, termina~ion or suspension a~ the contrac~,
in who~ e or ix~ part .
6. Incorporation o~ Provisions: The con~.ractor shall ~.nclude
the provisions o~ Paragraphs ~. through 6 in eve~y subcontract,
incl~ding procurements of materials and ~.eases of equipmen~, un~.ess
exempt by the Regu~ations, or direc~ives issued pursuant thereto.
The con~Cr~c~.ar sha~.~ ~ake such action with respect ta any sub-
contract or procurement as ~he 5~ate Highway Department or the
Federal Hi~hway Administrat~.on may direc~ as a means of en~orcing
su~h provisions including sanctions af non-cornp~iance: Provided,
however, that, in the event a contractor becomes involved in, or
is threatened with, litiga~ion with a su.bcontractor or supplier as
a x'esul.t of such di.rection, the can~ractor nr~ay reques~ ~.he State
Highway Departmen~ ~o enter into such litigation to protect ~he in-
~eres~s of ~he S~a~e, and, in addi~ian, the contrac~or may request
the United States to enter into su.ch litigation to protect the
interests o~ ~he United States.
HCC 2I2 Rev. 8/73 -12-