08-55Council File # �� ' '�JC
Green Sheet # 3047733
�. .�..�., . ...�. �
OF SAI T PAUL, MINNESOTA
Presented by
1 WI�IEREAS, the Union cific Rail ad Company desires to install railroad flashing light signals, gates
2 and circuitry at the intersection e Union Pacific Railroad Company tracks and Witham Avenue (Barge
3 Channel Road) approximately 200 feet north of Concord Street; and
4
5 WHEREAS, the City of Saint Paul desires to enter into an agreement with the Union Pacific Railroad
6 Company and the Commissioner of Transportation for the installation and maintenance of railroad flashing
7 light signals, gates and circuihy at the intersection of Witham Avenue (Barge Channel Road) with the
8 tracks of the Union Pacific Raikoad Company in the City of Saint Paul, and appoinring the Commissioner
9 of Transportation agent for the City to supervise said project and administer a�ailable Federal funds in
10 accordance with Minnesota Statute, Section 161.36. The City's share of the cost shall be ten percent (10%)
11 of the total signal cost; now therefore be it
12
13 RESOLVED, that we hereby authorize the proper City officials to sign this agreement with the Union
14 Pacific Railroad Company; and that we hereby authorize the proper City officials to process payment to the
15 Union Pacific Railroad Company.
16
Requested by Departm�en o£
Public Works P /
Services
�
Approved
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to
Adoprion Certified by Cou il Secretary gy;
By: ,
Approved ay . Date � �y 0
By:
Adopted by Council: Date ��/l ��ypO�
� Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet �
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pw -r�n�i� wo�
ContaM Person & Phone:
Pete Gallagher
266-6085
Must Be on Council Aaen
Dx. Type: RESOLUTION W/$ 7RANSAC
E-Document Required: N
DocumeM CorHad:
ContaM Phone:
Date Initiat
21-DEC-07
y
Assigl�
Number
For
Routing
Order
Total # of Signature Pages _(Clip All Locations for Signature)
Green Sheet NO: 3047733
0 �nblic Works � -s /�.. i,. h �
1 lic Wo�x Denartmeot Directo
2 mancial Servica ce Finantial Services
3 ' AttorneS C51rAttomev ��
4 oz's 06ce Ma odAssistant
5 oancl " Council
6 ' Clerk Ci Clerk
Approve Council Resolufion authorizing proper City officials to enter into an agreement with Union Pacific Railroad Company for
improvement o£the raikoadExossing signals on Witham Avenue (Bazge Channel Road) north of Concord Street.
Planning Commission 1, Has this person/firm ever worked under a contract for this department?
CIBCommittee Yes No
Civil Service Commission 2. Has this persoNfirtn ever been a city employee?
Yes No
3. Does this person/firtn possess a skill not normally possessed by any
current city employee?
Yes No
Explain all yes answers on separate sheet and attach to green sheet
Initiating Problem, Issues, Opportunity (Who, What, When, Where, Why):
The Union Pacific Raikoad Company wishes to improve the railroad crossing signals. Work to be performed by Railway Forces, with
reimbursement by the State using Federal funds and by the City for 10% of the total signal cosk
AdvanWges IfApproved:
Project will proceed. Safety will be improved for this at-grade railroad crossing.
��Z't � � 2JQ�
Disadvantages if Approved:
None
OisadvanWges If NotApproved:
Project will not proceed.
Transaction: �25,399.10
Funding Source: CIB & PIA
Financial Information:
(Explain)
Activity Number. C07-2T584
�...,.,, .Y�
CosURevenue Budgeted: Y
December 21, 2007 7:53 AM Page 1
�
08-55�
AGREEMENT 90379
USDOTNO 184371T (F-1923)
DATED
S.P. 62-00197
MIlVN. PRO7. STPX 6208(059)
N'iTNDS Federal, Raikoad and
City
Railroad Crossing Signals
Witham Ave. (M2061)
St. Paul, Minnesota
Ramsey County
Union Pacific Railroad Com any
Standard Agreement "A"
Dated September 1, 1998
THIS AGREEMENT, made and entered into by and between the CITY OF 5T. PAUL,
hereinafter called the "Local Agency' ; the iJNION PACIFIC RA]LROAD COMPANY,
hereinafter called the "Company' ; and the COMNIISSIONER OF TRANSPORTATION,
S'I'ATE OF MIlVNESOTA, hereinafter called the "State", WTTNESSETH:
� WIIEREAS, the Federal F3ighway Administration, when acting in cooperafion with the
State of Minnesota, is authorized by Section 130 of Tifle 23 of the United States Code to make
Fedaral A3d available for the purpose of eliminating hazards at railroad grade crossings within
the State of Minnesota; and
WiIEREAS, the State, pursuant to Minnesota Statute Section 161.36, is authorized to
cooperate with the United States Government in contracring.for the construcrion, improvement
and maintenance of roads and bridges not included in the trunk highway system which are
financed in whole or in part by federal monies; and
r
AGREEMENT ATO. 90379
WIlEREAS, Witham Ave, (M2061), as now established, crosses the track of the
Company at grade in St. Paul,_ Ramsey County, Minnesota, the location of said crossing and
railway track being shown on the print hereto attached, mazked E�ibit "B' ; and
WHEREAS, the L,ocal Agency and the Company desire that said grade crossing be
provided with raikoad flashing light signals with gates, constant waming circuitry and L.ED
lenses, and the Company is willing to install, maintain and operate such signals upon the terms
and condirions hereinafter stated; and
WF�REAS, the State, pursuant to Minnesota Statute Section 219.26, has reviewed the
proposed seIection of waming devices for the railroad gzade crossing and has determined that the
proposed selection is appropriate for said crossing.
NOW,1'FIEN, TT I3 AGRh�ED:
1. EXHIBITS
The State of Minnesota, Department of Transportarion, "Standard Clauses for Raikoad-
Highway Agreements", is attached hereto as Exhibit "A", and hereinafter referred to as "Standard
Clauses". Except as tiereinafter expressly modified, all of the terms and condifions set forth itt
the "Standazd Clauses" are hereby incorporated by reference and made a part of this agreement
with the sazne force and effecY as though fully set forth therein.
Exhibit "B", the location print; Eachibit °C", and the detailed cost estimate; are attached
hereto and made a part of this agreement.
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48���
AGREEMENT NO. 90379
2. _ WORK PERFORMANCE 9ND TIME SCHEDULE
The Company shall funiish all material for and with its regularly employed forces install
a complete railroad crossing signal system on Witham Ave. (M2061), as indicated on attached
plan mazked Exhibit "B". The placement of the signals shall be in accordance with Part VBI of
the Minnesota Manual on Uniform Traffic Control Devices (MMUTCD). Detailed plans,
specifications and the work to be done shall be subject to the approval of the Department of
Transportation of the State of Minnesota.
If the Company determines that it is unable to perform all or a portion of the work with its
own forces or equipment, it may contract the wark only after notifying and receiving approval to
proceed from the State. The selection of a contractor shall be subject to approval by the State
prior to the awazding of the contract. �/�� ��'�C� �
Work by the Company shall b rosecuted be completed within 12 months after the
date the Company is authorized to begin wark. If the Company determines it is not possible to
complete the work within the period herein specified, it shall make a written request to the State
for an extension of time for completion, setting forth therein the reason for such extension.
The Daily I3tility Report provided for in Article 7a of the Standard Clauses, Exhibit "A",
shall not be required if the duration of the construction work is expected to last 10 working days
or less.
3. COST ESTIMATE
The actual costs of the project herein contemplated, including preliminary engineering
costs, are to be financed with Federal Funds, Company Funds and Locai Agency Funds. The
State and Local Agency will reimburse the Company as provided herein for only such items of
work and expense as aze proper and eligible for payment with Pederal Funds. Only materials
actually incorporated into the project will be eligible for Federal reimbursement.
The State s portion (reimbursable with Federal Funds) and the Local Agency's portion
will be paid to the Company in accordance with Article 8 of the Standazd Clauses, Exhibit "A".
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Page 3
AGREEMENT NO. 90379
It is understood that the following estimate is for informational purposes only. The
estimated cost of the work to be done by the Company hereunder with its own equipment and
regularly employed forces and in accordance witt� the Company's agreements with such regulazly
employed forces is as follows and in fm2her accordance with the detailed estimate, Exhibit "C".
Esti*nated Cost of Signais
,; • ,
:',
State Funds (reimbursable with federal funds) $208,272.62
Company Funds $20,319.28
10% I.ocal A�ency Funds $25,399.10
Total Estimated Cost of Signals
TOTAL ESTIMAT`ED COST OF PROJECT
$253,991.00
$253,991.00
The State's totat financiai obligarion shai2 not increase without its approval and the
encumbrance of additional funds. The total obligation under this Agreement is limited to the
total amount listed above as "Total Fstimated Cost of Project: ' However, this obligation may be
increased to 120 percent of the "Tota1 Estimated Cost of ProjecY' listed above if the Company
performs work that is previously approved in writing by the State and the State has previously
encumbered that additional money. The State wiil not pay Project costs incurred without its prior
consent. Notv✓ithstanding any provision to the contrary, the State s and Local Agency's total
financiat obligation vnder this Agreement shall not exceed the "Total EsYimated Cost of ProjecY'
plus 20 percent, of which the State shall pay 90 percent and the Local Agency shall pay 10
percent, unless, the addirional funds that are needed have been encumbered and the parfies have
reacHed agreement, memorialized in a written amendment to this Agreement concerning any
additional work and costs.
Page 4 -
08 -��-
AGREEMENT NO. 90379
4. WORK CI3ANGES
In the event it is deternvned that a change from the statement of work to be performed by
the Company, as outlined in the detailed estimate, Exhibit "C", is required, it shall be authorized
only by an amendment to this agreement executed prior to the performance of the work involved-
in the change.
In the event it is found that the work has not changed from the said statement of work to
be performed by the Company, but the estimated amount in this agreement is less than the actual
cost of performing the work, then an increase in eligible reimbursement will be allowed to the
extent of such actual cost without an amendment in accordance with Section 3 of this Agreement
and Article 12 of the Standard Clauses, Exhibit "A".
5. MAINTENANCE
The grade crossing signal system provided for in this agreement shall be maintained and
operated by the Company upon completion of its installation. The obligation to maintain said
t �-+}'Yk.u�G�' �a�w�fEte�c,!
signal system shall continue in accotdance with the of the State i P from time to
time in the future. �' �� br °
6. FUTURE REMOVAL
The signal system provided for in this agreement shall not be removed unless there has
been a determination by the State that said signai system is no longer required at this location. If
the signal system is to be removed, the Company shall notify the State of their pending removal.
Upon reguest of the State, the Company shall reinstall said signal system at some other crossing
within the State on the Company's tracks. The location and division of cost of such relocation
shall be agreed upon between the Company and the State prior to such removal.
In the event that either railway or highway improvements will necessitate a rearrangement
of the signal system at said crossing, the party whose improvement causes said changes will bear
the enrire cost of the same wiYhout obligation to the other.
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AGREEMENT NO. 90379
DETOURS AND WORK ZONE T'RAFF'IC CONTROL
If there is a need for a road detour in connection with the installation of said signal
system, it shall be the Local Agency's responsibility to set up the road detour and detour signing.
It is understood that the Company shall coordinate any neeessary road detour with the Local
Agency prior to the starting date. The Local Agency shall bear all costs involved in setting up
the road detour.
If a road detour is not feasible, the I.ocal Agency shall furnish, erect and maintain all
necessary traffic control devices required to provide safe movement of vehiculaz traffic through
the project area durittg the entire period from the beginning of construction to the final
completion thereof. Tr�c control devices include, but are not limited to, barricades, warning
signs, trailers, flashers, cones, drums, pavement markings and flagmen as required and sufficient
barricade weights to maintain barricade stability. The Local Agency shall be responsible for the
unmediate repair or replacement of all haffic control devices that become damaged, moved or
destroyed, of all lights that cease to fnncrion properly, and of all barricade weights that aze
damaged, destroyed or othezwise fail to stabilize the barricades.
8. SIGNIlVG AND PAVEMENT MARKINGS
Subsequent to the installation of said signal system, the Local Agency agrees to install or
have installed, as may be needed, appropriate advance waming signs, other supplemental signs
and pavement markings in accordance with the Minnesota Manual on Uniform TrafFic Control
Devices (MMUTCD). The Local Agency agrees to install said signs using retroreflective
sheeting types and qualified products used for permanent signs, markers and delineators, Type ]X
or better found at http://www.dot_state.mn.us/tr�cena/qpUSignina.pdf. The L.ocai Agency also
agrees to remove signs that aze no longer needed as a result of said signal instaliation_
9. ASSIGNMENT OF RECENABLES �. C�'�
Any party to this agreement may assign any eceivables ue them under this ab eement,
provided, however, such assignments shall not relieve the assignor of any of its rights or
obligations under this agreement.
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08-s�
AGREEMENT NO. 90379
IN WITNESS WHEREOF, the parties hereto have caused this agreement to be duly executed.
CTTY OF SAINT PAUL CTTY OF SAINT PAUL
B B�:
Title: Director ofPublic Wozks Title: Office ofFinancial Services
Dated: Dated:
By:
Title: Cit�Attornev
=Dated:
UlVION PACIFIC RAILROAD COMPANY
By: _
Title:
Dated:
STATE OF MINNESOTA
Recommended for Approval:
By:
Director, Raikoad Administrarion
Dated:
Commissioner of Transportation
By:
Director
Office of Freight, Railroads & Waterways
Dated:
STATE ENCUMBRANCE VERIFICATION
individual certifies that funds have been encumbered as requ'ued by Minn. Stat. �§ 16A.15 and 16C.05
Signed: Dated:
MAPS:
APPROVED
Department of Administration
By.
Authorized Signature
Dated:
Page 7
AGREEMENT NO. 90379
RESOLUTION
BE TT RESOLVED, that the City of St. Paul enter into an agreement with the Union Pacific
Railroad Company and the Commissioner of Transportation for the installation and maintenance
of raikoad crossing signals at the intersecrion of Witham Ave. (M2061) with the tracks of the
Union Pacific Railroad Company in St. Paul, Minnesota, and appoinring the Commissioner of _
Transportation agent for the City to supervise said project and administer available Federal Funds
in accordance with Minnesota Statute, Section 16136. The City's shaze of the cost shall be 10
percent of the total signal cost.
BE IT FLTRT'I�R RESOLVED, that the and
(Ttfle) (Trtle) -
be and they are hereby authorized to execute said agreement and any amendments thereto for and
on behalf of the City.
Dated this day of
� STATB OF NIlNNESOTA
CTTY OF ST. PAUL
200
)
)ss CERTIFICATION
)
I hereby certify that the foregoing Resolurion is a irue and correct copy of a Resolution pzesented
to and adopted by the City Council of the City of St. Paul at a duly authorized meeting thereo�
held in the City Hall at St. PauI, Minnesota, on the day of
as disclosed by the records of said City Council in my possession.
�
Title:
Page 8
200_,
��-�5�
� . ��: •
STATE OF MINNESOTA DEPAR'I�NT OF TRANSPORTATTON
STANDt1RD CLAUSES
FOR
RAII.ROAD-HIC',HWAY AGREEMENTS
7une 13, 2007
1. EFFECTIVE DATE
This Agreement will become effective upon the date State obtains all signatures required by Minnesota Statutes
Section 16C.05 (Subd. 2).
2. CANCELLATION
The State may immediately terminate this Agreement if it does not obtain funding fzom the Minnesota
L,egislature, or other funding source; or if funding cannot be continued at a level sufficient to allow for the
payment of the services covered here. Terxnination must be by written or fax notice to the Company. The State
is not obligated to pay for any services that are provided after notice and effective date of termination.
However, the Company will be entitled to payment, detezmined on a actual cost basis for services satisfactorily
performed to the extent that funds are available. The State will not be assessed any penalty if the Agreement is
temunated because of the decision of the Minnesota Legislature, or other funding source, not to appropriafe
funds. The State must provide the Company notice of the lack of funding within a reasonabie time of the State's
receiving that notice.
3. GOVERNING LAW, JURISDICTION, AND VENUE
Except to the extent pLeempted by federal laws, rules or regulafions, Minnesota law, without regazd to its
choice-of-law provisions, governs this Agreement. Venue for all legal proceedings arising out of this
Agreement, or its breach, will be in the appropriate state or federal court with competent jurisdiction in Ramsey
County, Minnesota.
4. CONIlVIISSIONER'S OFFICIAL CAPACITY
The Commissioner of Transportation of the State of Minnesota is acring in an official capacity only and is not
personally responsible or liable to the Company or to any person or persons whomsoever for any claims,
damages, actions, or causes of action of any kind or character arising out of or by reason of the execuUon of this
Ageemerit or the performance or completion of the project.
5. AATA DISCLOSURE
Under Minnesota Statutes Section 270C.65, and other applicable law, the Company consents to disclosure of its
social security number, federal emgloyer t� ideptification number, andlor Minnesota tas ideptification number,
already provided to the State, to federal and state tax agencies and state personnel involved in the payment of
state obIigations. These identificarion numbers may be used in the enforcement of federal and state tax laws
F.XFTI RTT "A" - Pave 1 nf 1
which could result in acrion requuing the Company to file state taa� returns and pay delinquent state tax
liabiliries, if any.
6. ELIGIBILITX OF COSTS
Pursuant to Minnesota Rule 8830.300, the provisions contained in Federal-Aid Policy Guide, Chapter 1,
Subchapter G, Part 646, Subpart B and Chapterl, Subchapter B, Part 140, Subpart I, apply to railway-highway
project, regazdless of the method of financing the project.
7. WQRK REPOBTS
The Company will fumish the State's Engineer in chazge of the project:
a. "Foim 21191, Minnesota Department of Transportation, Daily Utility Report", Union Pacific
eIectxonic payroll report which lists labor hours and costs in a form acceptable to Ff34VA, or
equivalent approved by the State's engineer showing the number of people on payroll,
classification, and total hours worked, and equipment used, at a time mutually agreed up�n by the
Company and the State.
b. Full detailed information as to progress of work and amount of labor and material used as of the
time of request.
The Company will, make other reports, keep other records and perfozin other work in such manner a time as
may be necessary to enable State to collect and obtain available federal aid.
: ' I 1: ' 1
The State will reunburse the Company for actual expenses incurred performing the work set forth in this
Agreement. Payments will be made in accordance with the following:
a. Partial bills will be based on actual (not estimated) costs incurred. Partial bills need not be
itemized, but State must be able to substantiate costs by checldng the Company's records. The
final bill will also be based on actual (not estunated) costs and will be a detailed, itemized
statement of ali items of work performed by the Company, as shown in the appropziate exhibit or
exhibits attached to this Agreement.
State's payment of progressive partial billing and aIso final bilIing wiIl be made to the Company within thirty
(30) days of the State's receipt of such billing from the Company. Notwithstanding the preceding payment
procedures, the State retains the right To audit the final billing submitted by the Company as set forth in thiS
Article 8 and in Article 12. If, when doing such audit review, it is determined by the State and the Company
that the Company is to reimburse the State for any payment already made by the State to the Company, the
Company shall make such reunbursement within thirCy (30) days after the State and the Company have made
such determination. Likewise, if it is determined by the State and the Company that the State needs to make any
adclitionai payment to the Company, the State shall make such additional payment wiYhin thirty (30) days after
the State and the Company have made such deternunation.
FXFiRTP "4" _ Paaa 7 nf 7
6� -5�
9. WORKERS' COMPENSATION
The Company will certify that it is in compliance with workers' compensation insurance coverage required by
Minnesota Law unless the Company is subject to Federai Law which preempts the Minnesota L.aw requirement.
If the Company is subject to Minnesota Law on workers' compensation insurance coverage, the Company will
require its contractors to present proof of coverage under the Minnesota VJorkers Compensation Act. The
Company's employees and agents will not be considered State employees_ Any claims arising under workers
compensation laws and any claims made by a third party as a consequence of the acts or omissions of the
Company, its agents, employees or contractors aze in no way the responsibility of the State.
10. COST-SHARIIVG
If the cost of a project is being shared by the State and other parties, each party should receive a bill setting forth
its proportional shaze of the costs whenever a project billing is submitted.
11. INSPECTION, STANDARDS OF PERFORMANCE
The Company and/or Local Agency will permit the State to inspect and approve the work performed under this
Agreement duting the regular working hours of the Company without prior notice. The State may refuse to
approve any and all work performed under this Agreement for failure to comply with applicable standards for
work of that type. Tf the State fails to approve the work performed under this Agreement, the State may refuse
to make any further payments under this Agreement until the work at issue is performed in accordance with
acceptable standards for work of this type and said work is approved by the State.
Applicable standazds for raikoad grade crossing consuuction shall consist of standards and regulations in AASHTO,
AItEMA, FHWA, Minnesota MiJTCD, Minnesota Statutes §§ 219.0 et seq. and Minnesota Rules §§ 8830 et seq.
Should a conflict be identified in any of these rules and regularions, the Minnesota rules and statutes shall be deemed
controlling.
The Company and/or Local Agency warrants that it will perform all work under this Agreement in a
workmanlike and timely manner in accordance with all applicable standards for work of the type at issue.
Should the work fail to be performed in a timely manner or in accordance with applicable standazds, the State
may immediately suspend further payments under this Agreement and the Company must repay all funds
expended on unsatisfactory work.
12. STATE AUDITS
Under Minnesota Statutes Section 16.C.05, subd. 5, the Company's books, records, documents, and accounting
procedures and practices relevant to this Agreement are subject to examination by the State and/or the State
Auditor or Legislarive Auditor, as appropriate, for a minimum of six yeazs after an appropriate State official
cei-tifies the Company's complefion of the construction required under this Agreement.
13. NONDISCRIiVIIlVATTON
If the Company enters into a contract with a contractor, to perform all or any portion of the Company's work set
farth in this Agreement, the Company for itself, its assigns and suceessors in interest, agrees that it will not
discriminate in its choice of contractors and will include ail of the nondiscrimination provisions in this
agreement and as set forth in "Appendix A" attached hereto and made a part hexeof.
F.XATRTT "A" _ PauP'� nf �
14. DISADVANTAGED BUSINESS ENTERPRISE
The disadvantaged business enterprise requirements of 49 CFR 26, apply to this Agreement. The Company wiI1
insure that disadvantaged business enterprises as define� in 49 CFR 26, have the maximum opporiunity to
participate in the performance of contracts, fittanced in whole or in part with federal fands. In Yhis regard, the
Company will take all necessary and reasonable steps in accordance with 49 CFR 26, to insure that
disadvantaged business enterprises have the maacimum opporlunity to compete for and perform any contracts
awarded under this Agreement. The Company shall not discriminate on the basis of race, color, national origin,
or sex in the awazd and performance of contracts under this Agreement. Failure to carry out the above
requirements constitutes breach of this Agreement, and may resuIt in femunation of the Agreement by the State,
and possible debarment from performing other contractual services with the Federal Deparfinent of
Transportarioa. �
15. AMENDMENTS, WAIVER, MERGER, AND COUN'I'ERPARTS
Any amendments to this Agreement must be in writing and executed by the same parties who executed the
original Agreement, or their successors in office. Failure of a party to enforce any provision of this Agreement
will not constitute or be construed as, a waiver of such provision or of the right to enforce such provision. This
Agreement contains all prior negoriations and agreements between the Company and the State. No other
understandings, whether written or oral, regarding the subject matter of this Agreement will be deemed to eatist
or to bind either or both of the parties. This Agreement may be executed in one or more counterparts, each of
which shall be deemed to be an original, but all of wYrich together shall constitute one and the same Agreement.
The State will pay up to the limit of the amount encumbered by State, the entire cost of the work to be
performed under the coniract to be let by the State, including the State's supervisiori of the contract work,
provided, however:
(1) that nothing hezein contained will prevent the State from pursuing and enforcing any of its
common law and statutory rights, which it may have against any tortfeasar, including any
contractor and the Company;
(2) that when the Company has liability or obligation to the United States or the State for any portion
' of the railway-highway project, the Company will pay its share of the railway-highway project in
the manner and to the extent set forth elsewhere in the Agreement.
F,XHTf3TI' <`A _ Pa¢e 4 nf 4
�8 -��
APPENDIX A
Non-Discrinunauon Provisions of Tifle VI of the Civil Rights Act of 1964
During the performance of this contract; the contractor, for itself, its assignees and successors in interest (hereinafter referred to
as the "conh agrees as follows:
(1) Compliance with Regulations: The Contractor will comply with Regulations of the Departmenf of Transportation
relative to nondiscrfmuiation in federally-assisted programs of the Federal Highway Administration (Tide 49, Code of
Federal Regulation, Part 21, hezeinafter referred to as the Regulafions), which are herein incorporated by reference and
made a part of this contract.
(2) Nondiscrimination: The contractor, wiTh regazd to the work performed by it after awazd and prior to completion of the
contract work, will not discruninate on the ground of race, color, or national origin in the selection and retention of
subcontractors, including procurements of materials and leases of equipment. Tfie contractor will not participate either
direcfly or ind'uectly in the discrimination prohibited by Secfion 21.5 of the Regulations, including employment
practices when the contract covers a program set forth in Appendix "A", "B" and "C".
(3) Solicitafions for Subcontracts, Including Procurements of Materials and Equipment: In all solicitations eitherby
comperitive bidding or negotiation made by the contractor for work to be performed under a subcontract, including
procurements of matezials oi equipment, each potential subcontractor or supplier shall be notified by the contractor of
the contractor's obligation under this contract and the Regulations relative to disciirnination on the ground ofrace, color
or national origin.
(4) Information and Reports: The contractor will provide all information and reports required by the Regulations, or
orders and instrucfions issued pursuant thereto, and will permit access to its books, recozds, accounts, other sources of
information, and its facilities as may be determined by the Depaztment of Transportation or the Federal Highway
Adzniuistration to be pertinent to ascertain compliance with sucb Regulations, orders and inshuctions. Where any
informarion reguued of a contractor is in the exclusive possession of another who fails or refuses to furnish this
informauon, the contractor shall so cer[ify the Deparhnent of Transportation, or the Federal Highway Administrarion as
appropriate, and shall set forth what efforts it has made to obtain the informauon.
(5) Sancfions for noncompliance: In the event of contractor's noncompliance with the nondiscrimination provisions of
this conhact, the Department of Transportation shatl impose such contract sanctions as it or the Federal Highway
Adzrunistration may determine to be appropriate, including but not limited to,
(a) withholding of payment's to the contractor under the contract until the contractor complies, andlor
(b) cancellation, termination or suspension of the contract, in whole or in pazt.
(6) Incorporafion of Provisions: The contractor will include the provisions of paragraph (1) through {6) in
every subcontract, including procurements of materials and leases of equipment, unless exempt by the Regulations, order,
ox instructions issued pursuant theieto. The contractor wiU take such acdon with respect to any subconffact or procurement
as the Depaztment of Transportafion or the Federal Highway Administrauon may direct as a means of enforcing such
provisions including sanctions for noncompliance: Provided, however, that, in the event a conffactor becomes involved in,
or is threatened with, litigation with a suhcontractor 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 addirion, the contractor may zequest the United
States to enter into such litigation to protect the interests of the United States.
FXFTfRTT ° °A>' _ PaoP S nf 5
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6117 611'7 6117
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179 174 174
7110 111p 7110
6668 6658 686B
324$ G733 9s't7 9977
951 95i 951
21333 21311 22311
303J � 1033 3033
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