HomeMy WebLinkAbout76-160~ RESOLUTION N0. 76-~60 :
RESQLUTION AU'Z'HQRIZING .EXECUTTON Ok` H4LDOVER COUN7.'Y-S~'AT~ '
AGREII~NT N0. 33, FAS PROJEC~ RS~V366{1)
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BE IT RESOLVED by the Board o~ Supervisors o~ the County of Bu~~e,
State of Ca3:itornia, as fol~ows:
1. That sa~.d Gounty en~ex inta hoLdover Coun~y - State Agreement No.~33
E'ede~al-a~d Secon.dary Raacl., Dis~~'ict YIT, Bu~.~.e County, Fede~al-aid S~condary
Project RS-V356(1.} on Orovi.J.le-Quincy Hig~w'ay fram 0.4 mile east o~ Bal.d
Rock Road to Lake Mad:rone and tfie Chairman of th.e Board be aut~-orized to
execute sa~d agreement on behalf of said County;
2o Tlx~. C1erk of th~s Board be authorized to attach certi.£ied copy
of thxs resoluti.on to said agreement.
PASS~A AND ADOPTED by ~he Board af Supervi.so~s of the Coun~y of Butte;
State of California, this Z~ day of September , 1976,
by the foJ.lowi.ng vote: ,
_
AXES: Sugexvisors 'Ladd, Madiga~n., McKi~.lop, Richter and Chaixman Cameron:
ND~S: Non~
ABSENT: None
N~T VO~TNG: None
~ ~
Chaix-~aan, Board v~ Superviso~s
County of BuCte, Sta~e ofi Ca1i~.ornia
ATTEST: C].ark Nelson, Caunty Cle~k
~ ~~ ~~v
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C1erk/Depu~y
xoL~ovn~
COUNTY-STATE AGREF.~MENT N0. ~,
FEDERAL-AID SEC4NDARY OR
EXCHANGE FUND PROJECT
-4~_ R?i#'~t'~Q._
Distrai.ct Caunty
PROJECT NLTMBER RS-~V366 ~1„~_
THIS AGREIIKENT, made in dup~.icate ~his day of
, 19 ,. by and bE~Cween the COUNTY OF
, a pol.i~ical subdz.vision of the State
of California, hereinaf~Cer re~erred to as 'tCOUNI'Y", and the STATE
OF CALIFORN~A, acting by and through the Depart~nent af
Transporta~ion, hereinafter r~ferred to as "STATE".
WITNESSETH
WHEREAS, under the provisions of Tit1e 23, United States
Code and other Federa~.-ai.d Highway Ac~s, Federa~ funds are au~h-
orized to be appropriated for expeziditur~ on a system of second-
ary roads to be se~ected by ~he state ha,ghway depar~ments in
cooperation with 1.oca1 road officiais, and such a system has been
selec~ed and Federal f~unds have been app~opriated for expend~.~ure
thereon; and
WHEREAS, as prov~ded by ~he Secondary Highways Act of 1951
and Section 2200 et seq., o~ ~he Streets and Highways Code, Federal
or Exchang~ funds and certain ~na.tching monies from the Sta~e High-
way Fund have been appartioned to County for the cons~Cruction of
a Federal~-aid Secondary ar ~change Dol.lar project se~.ected by
COi7NTY ~n cooperation with STATE and descrihed in Exhibit "A"
here~o; and
WHEREAS, under Federal Law, STATE is required ~o enter into
an agreer~ent wi~.h COUNTY relative to p~osec~u.tion o~ the said
project and main~~nanca o~ the comp7.eted work.
NOW, THEREFORE, ~he parties agree as fo7.lows:
DH-OLA 212 Rev. 7/75
ARTZCLE I - Contract Adrnin~s~rat~on
1. The project or projects described in Exhibit A, herein-
after referred to as "the project" sha11 be constructed as pro-
v~ded in this agreeinent.
2. Construction work;
(a) FAS construction sha~~ be perfo~zited by cont~act.
~COUNTY shaZl make final preparations for advertising,
adv~rtise and award the contract, and ~ake pay~nents to the
contractor as the same become due.
(b) Exchange Dollar Construction may be performed by con~
~.ract or by day labor at the option of ~h~ COUI~Y provided
the competi~~,ve bidding req~.irements of State or ~.oca~.
agency 1.aws {whichever are app~icabZe) are met.
3. The estimated cost of the project is as shown in ~hibi~ A
hereto. A con~ract for an amount in excess af sa~.d estimate may
be awarded and project expendi.tures may e.xceed said estut~ate if
bo~h STATE and COi7NTY concur in the arnount of and the necessity
for the e~zccess and sufficient inoney is available ~o finance same.
4. Administration of projec~:
(a) If STATE is to adrninis~er the p~oject, COUNTY sha11
deposit its share of the estirnated cost as spec~fied on
Exhibi~C A wi~h the STATE prior to the time funds are
req~u.ired to rezmburse contrac~or. STATE wi11 bill COUNTY
for a~noun~ due i.mmediately fo~.~owi.ng Contract award or at
option of COUNTY wi1l submit monthly biZ~.s during the ~.ife
of the Contract. Funds deposit,ed prior ~o award which are
in excess of reqv.irernents, wiZl be i.mmediate~.y refunded
~a COUNTY. Shou7.d COUNTY ~a~.l to pay monies d~a.e STATE
within 30 days of demand or within such other period as
may be agreed between the parties here~o, STATE, acting
~.hrough Sta~e Contro7.Ier, shal~ withhoZd an eqv,al. a~noun~
fram future apportiornnents due COiTNTY from ~he Highway
Users Tax Fund.
(b) T~ COUNTY is ~v administer the pro,~ect, STATE sha~.1.
pay the proportior~a~e Federa~ and State shares of the
eligib~e participa~ing costs wi~hin twenty (20) days of
COUNTY~S submitta~. o~ acceptable monthly progress pay
esti.ma~es for ~pendi~ures on an awarded project.
DH-OLA 212 Rev. 7/75 _~-
{c) Tf ~he project ~s a cooperative projec~ and includes
work on a s~ate highway, the projec~ shall be ~he subject
of a separate coaperative agre~men~ be~ween the State and
County.
S. STATE shall e.x ercisE gen~ra~ sup~~rision over FAS work
and may assume fu~I and direc~ con~rol over the project whenever
STATE, in its sole discretian, sha~l determine that STATEtS respon-
sibili~y to the Un~ted Stat-es so requires.
6. ThE Congress o~ the Uni~~d Stat~s, the Legislature of the
S~a~e of Ca~ifornia, and the Governor of the Sta~e of California,
each w~th~n their respec~ive jur~sdic~xons, have prescrihed cer~ain
employment practices with respect to contract and o~her work
financed wi~h Federal or S~ate funds. COUNTY sha~l insure that
work perfarmed under th~s agreement is done in conformance with
the rules and regulations embodying such requirements where they
are applicable. Any agreement or service contract entered into
by COUNTY for the performance of work connected with the project
shall. incorpora~e ~hzbzt B attached hereto.
7. Ineligible Work:
(a} On pro~ects subject to Federal regul.ations, aZZ costs
properly chargeable to the project but ru~.ed ine].igible
under Federal-aid Highway Acts shall be paid by COUNTY
and shalZ no~ be reimbursed by STATE.
(b) On projects subject to an7,y ~TATE regulations~, the
Exchange Do11ar Funds may be used only £or road purposes
(to FAS s~andards) on or off the Federal-aid 5econdary
sys~~.
8. Aft~r completion of a1~ work under this agreement and after
a~.1 cos~s are knowx~, any unused COUNTY money shall be refunded,
COUNTY ~non~.es deposited for preliminary engineering, construction
engineering, and contract work shall. b~ considered to be inter-
changeable, and shortages of COUNTY rnoney in ane such category rnay
be made up frorn unused COUNTY money in another cate~ory. When
the amaunt of unused COUNTY maney is substanti.al and there~is an
unusual. delay in determi.ning final costs, STATE sha11 upon request
make an ~.n~.erim refund o~ ~he funds knawn to be in ~cess.
9. When ~equested by GOUNTY, STATE shall arra~.~a for payrnent
of avai.lable project funds for royalties due a property owner for
bo~row material furnished to the cont'ractor for the praject under
an agreenten~ b~tween the proper~y owner and COUNTY which has been.
approved by STATE. A certified copy of such agreement r~ust be
~iled with STATE.
DH-~OLA. 2l2 Rev. 7/'75 -3-
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i0. When the project ~.ncludes work to lie performed by a rail.-
raad, the contract fo~ such work sha~.1 be entered into by COUNTY
ar by STATE,.at CQUNTYTS op~~.on. A con~rac~ entered into by
C4UNTY for such raork mus~ have the pr3.or approval of STATE. Tn
ei~her event, COUNTY shali enter into an agreement with the razl-
road providxng for maintenance of the protect~.ve devic~s or o~her
facil~.ties installEd under the service cantrac~. A~ the request
of COUNTY, STATE shall make d~.rec~ paymen~. of project funds to a
railroad for work performed ta.nder a contract be~Ct~een COUNTY and
the railroad.
ARTZCLE II - Rights of Way
1. Such rights of way as are necessary ~or ~he constructian
of the project sha~l be furnished by COUNTY, and no contract for
the constructian of ~he project or any por~~.on ~hereof sha~.l be
awarded until the necessary rights of way have been secured. Prior
to the adver~ising of the proaect COUNTY shall furnish STATE with
evidence that necessary rights of way are ava~.lable ~or construc-
tion purposES or wiZl be avai3.ab~e by the tiine bids are opened.
2. The furnishing of r~.ghts of way as provided for herein
includes in addition to aIZ rea7. property required for the irnprove-
ment, tree a~d clear of obstructions and encvmbrances, the payment
of.damages to real property no~ actuall.y taken but injuriously
a~fected by the proposed improvemen~, COUNTY sha].Z pay from its
funds ~he cost acquiri.ng righ~s of way and any costs which arise
aut o~ right of way litigation, or ou~ of de~.ays ~to the contractor
b~cause uti~ity facilities have not been removed or re].ocated,
or because rights of way have not been ~ade ava3.1ab1~ ~o the con-
tractor for the orderly prosecution of ~he work.
3. Wheth~r or no~ Federal-aid is ~o be requested for right
of way, shou~d COUNTY, in acquiring righ~ of way for FAS improve-
ment, displace an individual, fami~y, Uusiness, farrn operation,
or non-profit argan~.za~ion, re~.ocation payrnents and services wi17.
be prov~ded as set forth in Chapter S of Ti.t~.e 23, U. S. Code.
The pub7.ic wi11 be adequately informed of the reloca~tion payments
and services rahich w3.11 be availabl.e and ~o the greatest extent
pract~cable no person lawfully occ~.pying rea~ property sha~.1 be
requ~.red to move from his dwe~.Zing or to move his b~usiness or
farm operation without at Zeast 90-days writ~en no~a.ce ~rom the
COUNTY. COUNTY wi~~. provide the Sta~e with specific assurance,
on each pro,ject, that no persan wi1.1 be displaced un~i~ crnnparable
decent, safe and sanitary replacemen~ hous~.ng ~.s available within
a reasanab~e period of ~a.me prior to displaceEnen~, an.d that COUNTY'S
relocation program is reaZis~ic and is adequa~e ~o prov3.de orderly,'
t~unely and efficient re~.ocati.on of dispxaced persons for ~he project
~:
DH-QLA 212 Rev. 7/'75 ~4-
as provided in FHPM ~-5. Exchange Dol~ar projects will comply
with appla..cable State laws.
ARTICLE III - Eng3.neering
l. "Prel.~ninary engineering'' as used herein inc~.udes all
prel~.minary work related to the project, including but not re-
stricted to prelim.3.nary surveys and reparts, labara~ory work,
soi]. investigations, prepara~ion of plans, designs, and adver-
tising. "Cons~ruction eng~neer~.ng" as used herein includes
actual inspection and superv~.sion of cons~ruct~.on work, construc-
~ion staking, laboratory and ~ield tes~ing, f~eld reports and.
records, est~.mates, final reports, and allowable expenses of
ernployees engaged in such activ~ties.
2. Pre~.iminary and cons~ruction eng~neer~.ng costs included
~n the estimate contained in ~hibit A may be financed with proj-
ect funds. The remainder of such cos~s sha1.1 be financed by
COUNrY w~.thout reiml~v.rsement. When preli~ninary eng~.neer3.ng or
constru.ction engineering costs incurred by C(I~JNTY are to be
f3.nanced with project funds, STATE sha11 reimburse COIIN~Y ~or
services performed on ~he basis of the actual cost ~hereof to
COUNTY, includ~.ng comp~nsa~ion and expense of personnel working
on the project, required materials, and automot~.v.e expense pro-
v~.ded, however, ~hat COUNTY shall contr~.bute its general admin-
istrative and averhead expense. Payments for such services sha11
be rnade by STATE upon receipt of invoices from COUNTY prepared in
such fo~m and si,~.pported by.such detail as may be prescribed by
STATE. -
3. Unless the parties shall otherwise agree in writing,
COUNTY'S ernployees sha11 perform all engineer~ng work. When
preZiminary or cons~ruction engineering ~nr the project is per-
form~d by STATE, charges therefor shal~. inc~:~.de an assessmen~ on
d3.rect 7.abor costs in accordance with S~ction 8755.~. af the State
Ad.~in~.strati.ve Manual. The portion of such charges not financed
with Federal funds or State--s~.pp~.a,ed matching funds or ~change
funds sha11 be paid from funds of COUNTY.
ART~CLE IV -~ MisceZlaneous Provisions
~.. If Federal ~unds are used for this projec~, this agre~men~
sha1.1 have no force or effect unJ.ess and until the pro3ect is
approved by the United Sta~es, nor shall any of the Federal and
State matcha.ng funds provided herein be expend~d unless and until
~he Federal. Goverr,~nent has agreed and ~s obligated to re~.mburse
STATE in fu.~.Z for the amount o£ Federal ~u.nds to be expended.
DH-OLA 212 Rev, 3/~6 -~-
s~~
2. In the event that the project is prograrnmed on a s~age
construction. basis, COUNTY shalZ complete ~he pro3ect to its
final s~age, wi~h or without Federal aid, at such ~ime as traf~ic
or other conditions warrant and in a manner sa~is£acto~y to STATE.
Shoul.d the work covered by this agreement i.nvolve a br~dge with-
out approaches, within a period of two (2} years after comp7.eti.on
of ~h~ bridge,COUNTY shall cause such a~proaGhes to be construc~ed,
w~.th or without Federa~ aa.d, to design standards acceptable to '
STATE.
3. The cos~ of maintenance perfox~rted by COUN.~`Y forces during
any ternporary suspens~on of the work may be charged ta COUN.~`Y
funds in ~Che project ~.f such are availab7.e therefor.
4. (a) Nei~her STATE nor any officer or employee thereof
sha13. be responsi.bl.e ~or any damage or liabi~.ity occurring.
by reasan of anyth3.ng done or amitted to be done by COUNTY
under or in connection wi~h any work, authority or juris-
d~.ction delegated to COUNTY under ~h~.s agreement. ~r is
also uriderstaod and agreed that, pursuant ta Government
Code Section 895.4, COUNTY sha~.1. fu11y inde~nni~y and hold
STATE harinless from any Iiahility imposed for injury
(as defined by Government Code Section 83.0.8) occurring
by reason of anything done or ornitted to be done by
COUNTY under or in connecti~n with any work, authority
or jurisda.ction de~.ega~ed to COUNTY under this agreement.
(b) Neither COUN~Y nor any off~.cer or eanployee th~reof,
shaZl. be responsibZe far any da~age or ~.iabili.ty oc~ur~ing
by reason of anyth~.ng done or omitted to be done by STATE
under or in connection with any work authority or jur3.s-
diction del.ega~ed to STATE under this agreement.
It is aYso unders~ood and agreed ~hat, pursuant to
Gavernment Code Section 895.4, STATE shall ful.ly a.ndemni~y
and hald COUNTY harm~.ess from any liab~Izty isnposed for
injury (as defined by GoverruRent Code Section 810.8}
occurring by reason of anything done or omi~ted to be
done by STATE under or zn cannection with any work, au~hor-
ity or jurisdicti.on d~lega~ed tn STATE under th3.s agreemen~.
5. Auditors o~' STATE and the T.Tnited States sha1.1 be given
access ~o COUNTY'S books and records for the purpose of check~ng
costs paid or ~o be pa~d by STATE h~reunder. A~.1 project documents
wz~.l be avaa.~ab~.e for inspec~~on by av.thorized S~Cate and FHWA,
personnel a~ any ~ime during the project deve~.opmen~ and for a
3-year period after FHWA payment o~ final. voucher, or a 1~-year period
from the date of final payment under the contract, whichever is longer.
DH-OLA 212 ~ Rev. 3~76 -6-
6. Upon acceptance o£ the comple~ed project by the awarding
au~hority, or upon the con~ractor being relieved o~~~he duty of
maintaining and protec~ing certa~n portions of the work, C0UN1'Y
shall rnain~ain ~he project or such portions of the work in a man-
ner satisfactory to STATE. If, within ninety days af~er receipC
of notice from STATE .that the projec~ or any portion thereo£ is
not being properly mainta~ned, COUNTY has not remed~ed the con-
d~~ions comp~ained of ~o STATEtS satisfaction; STATE may withhold
the pragramming of further Federa~-a~d secondary pro~ects of
COUNTY un~il the pro~ect shaZ~ hav~ been put in a condition of
maintenance sa~isfactory to STATE.
7. The maintenance referred to in the preceding paragraph
includes not only the preservation of the general physical features
of the roadway, roadside, and surfacing, bu~ also all safety and
regulatary feat~res, d~v~ces and appurtenances lniilt into the
praject, and nane of said safety features, devices and appurteW
nances sha11 be removed, e1 ~ninated or decreased in effectiveness
wi~hout the prior approva~ of STATE. Safety features to be main~
ta~ned include a roadside clear of utilit~es and other obstruc-
~~ons or £eatures wh~ch may be a hazard to a motorist who inadver-
ten~~y ~eaves the traveZed way. No utility po1e, tower, or. other
obstruction sha~1 be placed within the right of way wi~hou~ the
priar approvaY of governing body of the jurisdiction ~n which ~he
projec~ is located and, where clearances ~o ~h~ ~raveled way
are less than those prescribed by STATE, withou~ prior approval
of STATE.
.ARTT~LE V - Accommodation af U~iliti~s
Utility facil3.ties ~as defa.ned in FHPM I.1,.1~) may be accomo--
dated an the right-of-way provided such use and occupancy of the
highway rzght-of~-way does not interfere with the free and safe
flow of traffic or otherwise impair the highway or its scenic
appearance; and provided a Use and Occupancy Agreement; setting
forth the terms ~a.nder which the utility facility is to cross or
otherw.i.se occupy the h~ghway right-of-way, is executed by the
COUNTY and OWNER. The Use and Occupancy agreement setting forth
the terms which iznder the u~il~,ty facility is to cross or otherwi.se
occupy the highway rzght-of-way must include .-~he provisions set
for~h in Sec~ion F-11.01~ of the LOCAL ASS~STANGE MANUAL published
by th~ STATE, unless otherwa.se approved by the STATE.
DH-OLA 212 Rev, 3/?h -~'"
- . . . . ~ -'~ f ~'~ . . . . .
~ ~ . . . , _ . , . ''...L~ ~ ~ ~ ' ~
ARTICLE VI - Candition of Acceptance
As a conditzon of acceptance of the Federa~-ai.d, StatE
Matching, andJor Exchange monies provided for this project, COUNTY
wiZi abide by the Federal and State pol~cies and procedures per-
~.aining to the Local Federal~aid Secondary Prograrn.
DH-~OLA 212 Rev. 7/75 -8-
IN WITNESS WHEREOF, the par~ies have executed ~h~s agr~~nent by
the~r duly au~horized officers.
STATE OF CALIFORNIA
Departrnent of Transportat3.on
HEINZ HECKEROTH
Assistant Director, Highways
C0~]'.NTY OF $ut~e
By ! / f
Chairman, Board of Supervisors
B ~
Y
Chief,~Office o Local ~.ssistance
Approval Reco~-ended: ATTEST: ~c.~
~ /J C1.erk, Board of
~~ ,( ~/ _ Supervisors
~ ~~
l~ r ~
District Directar af ansportation
Approved #or {isca! con~rof, s~b~ect
fo bu~ge~} ep~ra~riafion.
A~ditar's Offi~e
$Y ..
_.. j~ai,~ ----.
, .APPROVED ~5 TC1 ~~:-;-~,
~. D~ni~l Y. ~#~~l;~t~~
ut'ie ~Uni~ ~p rr '~
v
8~- :........................•-----............,.:.
~ DH-OLA 2~.2 Rev. '~/75 -9-
-- ~ EXHIBIT A
ARTiCLE VIZ -~ Project Locatian and Description of Work Proposed:
Location: FAS Pro~ect RS-V366(1) on Oroville-Quincy Highway,
from 0.1~ M3.le eas~ of Bald Rock Roat~ to Lake Madrone
Net Leng~h: 0.$ Mile -
Description a~ Work: Grade~ drain base & pave two lane Cou~ty
Road~
ARTICLE VIII - Proposed Projec~ Fundirig:
Cost : . TOTAL COST $!~~ 0, 000
~`inanaing:
Federal~a3.d Secondary Funds $297,~~3
5tate Highway Matching ~.in.ds $101,119
County Funds & such other #~nds
as may become available ~ 51,~7$
ART=CLE IX; Special Covenant~
Ho~,dover Clauses
(a) Pur~uant to the authority cantained in Section 2212 of the
Streets and Highways:Code, it is agre~d between the parties hereto
that the apport3.onm~nts of Federal-aid 5econdar3~ and Sta~e Highway
~~.te~.3.~;g .~'~s ~o Butte County for the two successive fiscal years
ending September 30~ 1g'~7, shall be combined for this pro~ect.
Also tv be combined in this pro~ect are any available bal ances
~'rom previous fiscal year apportionments. .
~b~ The County will submit plans, specifications, estimates
and the right of way certification prior to Ootober 1i 1q77•
DH-~OL.A. 27.2 Rev. 7/75 -10-
EXHIBIT B
A.RTICLE X - Nondiscrimina~ion Provisions
Du.ring the performance of this cont-ract, the contractor, for
itself, its assignees and successors ~n interest (hereinaf~er
referred to as ~he "contraetor") agrees as ~ollows:
1. Complianc~ with ReQU~.ations: The con~ractor.shall cornply
with the Regulations re~.ative to nondiscr~minati.on in Federally-
assisted prograrns af the Department of Transporta~ion, Tit~.e 49,
Code of Federa~ Regu~.ations, Par~ 21, as they may be arnended frqm
~zme to t3.rne, (hereinafter referred to as the Regulat~.ons), which
are herein incorporated by reference and made a part of this
contract. '
2. Nondiscrimina~ion: The contractor, with regard to the work
performed by it during the contract, sha].3 no~ discriminate on the
grounds of race, co~,or, or nata.ona~. ~ origin in the sel~c~ion and
re~ention of subcontractors, inc~.uding procurement~s of materia3s and
].eases of equipmen~. The contrac~or sha7.~. not participate either
directly or indirec~ly ~n the discri.rnination prohibi~ed by Section
2~..5 of the Regu7.a~ivns, incluci3.ng ernpZoyment prac~ices when the
contract covers a program se~ forth in Append~.x B of the Regulations.
3. So~icitat3.ons for Subcontracts, Inc~,uda.n~ Frocurements of
Materia~s _and Equipr~ent : In all solici~ations ea.ther ~by ~compet3.tive
biddzng or negotiation made by the contrac~or for work to be per-
foxn-ed under a subcontract, includ3.ng procurements o~ ma~erials or
leases o~ equipment, each po~en~ial subcontractor or suppl~.er shall
be not~fied by the contractor of the con~ractor's obligations under
th3.s con~ract and the Regulations rela~ive to nondiscriinination on
the grounds o~r race, ca~.ar, or national origin.
4. Tnformata.on and Reports: The contractor shall provide all
informat3.on and reports required by the Regu~.ations, or di.rect3.ves
issued pursuant thereto, and shali permit access to 3.ts books,
records, accounts, other saurces of infox~ta~Cion, and its facili~i~s
as may be determined by the State Highway Departraent or the Federai
Highway Adininistration to be pertinent to ascertain crnnpliance with
such Regulations or directives. Where any information requ~red of
a contractor is ~.n ~he exc7.usive passess~.on of ano~her who fai.~.s ar
refuses to furnish ~h~s information, the contractor sha~.l so certify
to the State H3.ghway Department, or ~he Federal. Highway Administration
as apprapr3.ate, and shall set for~h rahat efforts it has made to
ob~ain th~ informa~3.on.
5. Sanctions for_Nonc_ompliance: Yn thE event o~ the contractor's
noncompl.iance with the nond3.sc~~nination provisions of this contract
the S~ate Hi.ghway Department sha11 impose such contract sancti.ons as
it or ~he Federa~ Highway Adrninistrat~.on may determ~ne ta be appro-
priate, including, b~u.t not ~imited to:
DH--OLA. 212 Rev. 7/75 "LZ"
{a) withhoZding of pay~nen~s to the contractor under the ~
contrac~ until ~he contraetor comp~~es, andfor
{b) cance~Za~ion, tennination or suspension of the contract,
in whole or in part.
6. Incor ora~ion of Provisions: The contrac~or shal~ ~nclude -
the provis~ons of Paragraphs 1 thro~.gh 6 in every subcontrac~,
including procurements of ma~~rials and ~eases of equipmen~, un~ess =
exempt by the Regu~ations, or directiv~s ~s~ued pursuan~ thereto.
The con~ractor sha~~ take such action with respect to'any sub-
contract or prQCUreme~t as the Sta~e Highway Department or the
Fede~a~ Highway Adm~nistration may d~rect as a rneans of enforc~ng
such provisions inc~uding sanctions of non-co~pliance: Provided,
however, that, in the event a contractor becomes involved in, or
is threatened with, litiga~ion with a 5ubcontractor or supplier as
a result of such direction, the coritractor may request the Sta~e ~
Highway Department to ent~r into such ~it~gat~on to protect the in-
terests of the State, and, in add~~fon, ~he con~ractor may request
the United States to enter into such ~itiga~~on ~o protect ~he
interes~s of the United S~a~es.
DH-~OLA 212 Rev. 7~75 -12 -