HomeMy WebLinkAbout20102770.tiff RESOLUTION
RE: APPROVE AGREEMENT FOR PROFESSIONAL SERVICES AND AUTHORIZE CHAIR TO
SIGN -SHORT ELLIOTT HENDRICKSON, INC.
WHEREAS, the Board of County Commissioners of Weld County, Colorado, pursuant to
Colorado statute and the Weld County Home Rule Charter, is vested with the authority of
administering the affairs of Weld County, Colorado, and
WHEREAS, the Board has been presented with a Professional Services Agreement
between the County of Weld, State of Colorado, by and through the Board of County
Commissioners of Weld County, on behalf of the Department of Public Works, and Short Elliott
Hendrickson, Inc., commencing upon full execution, with further terms and conditions being as
stated in said agreement, and
WHEREAS, after review,the Board deems it advisable to approve said agreement, a copy of
which is attached hereto and incorporated herein by reference.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld
County, Colorado, that the Agreement for Professional Services between the County of Weld, State
of Colorado, by and through the Board of County Commissioners of Weld County, on behalf of the
Department of Public Works, and Short Elliott Hendrickson, Inc., be, and hereby is, approved.
BE IT FURTHER RESOLVED by the Board that the Chair be, and hereby is, authorized to
sign said agreement.
The above and foregoing Resolution was, on motion duly made and seconded, adopted by
the following vote on the 17th day of November, A.D., 2010.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
Imo,
ATTEST: EXCUSED
Do •las Rademach r, hair
Weld County Clerk to the : *.:. `' O
ro-T f/L
\� Barbara Kirkmeye , P Lro-Tem
BY: ^��
D-puty Cler " o the Board
S . C at
APPR07D AS TO F M: c
rTF.v-viwiGarcia
ounty Attorney � ��
David E. Long J
Date of signature: /3/4/0V/6
o ricj ka Vro..nu'`
Il -Oa - ID l C r(O 2010-2770
la b -10 EG0062
S; \ MEMORANDUM
TO: Clerk to the Board DATE: November 8, 2010
FROM: Wayne Howard, County Engineer/CIP
I IPublic Works
C SUBJECT: AGENDA ITEM
COLORADO
Agreement for Professional Services on Weld County Bridge 6/25A rehabilitation with Short Elliott
Hendrickson.
Attached are two original signed agreements. Please return one original agreement to Public
Works.
cc: Mike Bedel
M:\Francie\Agenda W ayneHoward.doc
2010-2770
BOARD OF COUNTY COMMISSIONERS
REVIEW/WORK SESSION REQUEST
RE: WCB 6/25A Rehabilitation—Professional Services Agreement
DEPARTMENT: WELD COUNTY PUBLIC WORKS DATE: November 3, 2010
PERSON REQUESTING: Wayne Howard, CIP County Engineer
Brief description of the problem/issue:
Weld County has received Federal-Aid grant funds administered through CDOT for design and construction of
bridge improvements. The work requires structural analysis and design details to be developed by a qualified
engineering consultant with bridge design expertise. The structural analysis and calculations need to be
reviewed and approved by CDOT Staff Bridge prior to concurrence to advertise for construction bids.
Weld County is responsible for 20% of the costs of this grant project. Therefore, our portion of this
Professional Services Agreement will be $4,000 and the remaining $16,000 will be reimbursed through the
grant. Weld engineering staff plans to prepare the drawings and bid documents in-house, and will incorporate
the structural design details provided by Short Elliott Hendrickson into the overall design. This consultant is
one of our"on-call" engineering services providers.
What options exist for the Board?
The Board may choose approve or not approve this proposed Professional Services Agreement.
Recommendation to the Board:
The Department recommends the Board approve this Professional Services Agreement with Short Elliott
Hendrickson.
Approve Schedule
Recommendation Work Session Comments
Douglas Rademacher, Chair
Barbara Kirkmeyer
Sean P. Conway
William F. Garcia
David E. Long 1
Attachments: Agreement for Professional Services for Bridge 6/25A Rehabilitation
M\-Active Projects Bridge 6-25A\Design\Contrects\Work Session Request-PSA.docx
AGREEMENT FOR PROFESSIONAL SERVICES
THIS AGREEMENT is made and entered into this day of , 2010, by and between
the County of Weld, State of Colorado, by and on behalf of Public Works Department, whose address is 1111 H St.,
P.O. Box 758, Greeley, Colorado 80632, hereinafter referred to as "County Department," and Short Elliott
Hendrickson Inc., whose address is 2000 South Colorado Boulevard, Suite 6000, Colorado Center Tower One
Denver, CO 80222-7938, hereinafter referred to as "Contract Professional."
WITNESSETH:
WHEREAS, County Department is in need of hiring an independent Contract Professional to perform the
following "Professional Services:" The design of rehabilitation measures for Weld County Bridge 6/25A over the
South Platte River, as detailed in the Scope of Services attached hereto as ordered by County Department and
WHEREAS, Contract Professional has the time available and is willing to perform the Professional
Services, according to the terms of this Agreement.
NOW, THEREFORE, in consideration of the mutual promises and covenants contained herein, the parties
hereto agree as follows:
1. TERM: The term of this Agreement shall be from date of execution shown above, through and until
completion of the Professional Services as defined in the attached Scope of Work. The term may
be extended by change order to this contract as agreed to by both parties, in writing.
2. SERVICES PROVIDED BY CONTRACT PROFESSIONAL: Contract Professional agrees to
perform the Professional Services for the compensation provided below and as attached in the
Scope of Work.
COMPENSATION: County Department agrees to pay Contract Professional for all services
performed hereunder as follows: The Professional Services shall be provided at the rates set forth
in the Scope of Work and shall not exceed the maximum compensation of$20,000.00. This fee is
compensation for Professional Services as described in the attached Scope of Work. All
compensation amounts payable after the current fiscal year are contingent upon funds for that
purpose being appropriated, budgeted, and otherwise made available. Any additional services
completed beyond those described in the Scope of Work shall be authorized by the County
Department at a fee negotiated between the County Department and Contract Professional using
the established hourly rates. Invoices will be paid within 60 days of being received and accepted
by the County Department.
3. INDEPENDENT CONTRACTOR: Contract Professional agrees that he or she is an independent
contractor and will not become an employee of County Department, nor is he or she entitled to any
employee benefits from County Department as a result of the execution of this Agreement.
4. INDEMNIFICATION, DESIGN AND INSURANCE: Contract Professional shall indemnify and hold
harmless County Department and CDOT, its officers and employees, against liability for injury or
damage and losses, damages and expenses to the extent caused by any negligent act or omission
by Contract Professional or any person or organization for whom Contract Professional is legally
liable in the performance of services under this Agreement. Contract Professional shall be
responsible for the professional quality, technical accuracy, timely completion and the coordination
of all services rendered by Contract Professional and shall, without additional compensation,
promptly remedy and correct any negligent errors, omissions, or deficiencies. Contract
Professional shall maintain commercial general liability insurance in the amount of$1,000,000 per
occurrence and errors and omissions insurance in the amount of$1,000,000.
5. NON-ASSIGNMENT: Contract Professional may not assign or transfer this Agreement, any interest
therein or claim there under, without the prior written approval of County Department.
Weld County Bridge 6/25A
Page 1 of 3
6. ACCESS TO RECORDS: County Department shall have access to Contract Professional's
financial records for the purposes of audit. Such records shall be complete and available for audit
90 days after final payment hereunder and shall be retained and available for audit purposes for at
least five years after final payment hereunder.
7. TERMINATION: Either party may terminate this Agreement at any time by providing the other party
with a 10-day written notice thereof. Furthermore, this Agreement may be terminated at any time
without notice upon a material breach of the terms of the Agreement. In the event of termination,
the Contract Professional shall supply the County Department with copies all work products
completed to date, including but not limited to electronic files, reports, computations, etc. All work
products completed on this project shall be owned by the County Department.
8. TIME OF THE ESSENCE: Time is of the essence in each and all of the provisions of this
Agreement.
9. ENTIRE AGREEMENT/MODIFICATIONS: This Agreement constitutes the entire understanding
between the parties with respect to the promises and covenants made therein. No modification of
the terms of this Agreement shall be valid unless made in writing and agreed to by both parties.
10. NON-APPROPRIATION: No portion of this Agreement shall be deemed to create an obligation on
the part of County Department to expend funds not otherwise appropriated in each succeeding
year.
11. WAIVER OF IMMUNITIES/THIRD PARTY LIABILITY: No portion of this Agreement shall be
deemed to constitute a waiver of any immunities of County Department or its officers or employees
may possess, nor shall any portion of this Agreement be deemed to have created a duty of care
with respect to any persons other than County Department and not a party to this Agreement.
12. COUNTY REPRESENTATIVE: County Department will designate, prior to commencement of
work, its project representative ("County Representative") who shall make, within the scope of his
or her authority all necessary and proper decisions with reference to the project.
13. MONTHLY REPORT: Commencing thirty (30) days after the date of execution of this Agreement
and every thirty (30) days thereafter, Contract Professional is required to provide County
Representative with a written report of the status of the work with respect to the Scope of Services,
Work Schedule, and other material information. Failure to provide any required monthly report
may, at the option of the County, suspend the processing of any partial payment request.
14. ACCEPTANCE NOT WAIVER: County Department's approval of drawings, designs, plans,
specifications, reports, and incidental work or materials furnished hereunder shall not in any way
relieve Contract Professional of responsibility for the quality or technical accuracy of the work.
County Department's approval or acceptance of, or payment for, any of the services shall not be
construed to operate as a waiver of any rights or benefits provided to County Department under
this Agreement.
15. CDOT REQUIREMENTS: The design work under this contract shall be compatible with the
requirements of a separate contract between the Local Agency and the State (which is
incorporated herein by this reference) for the design/construction of the project. The State is an
intended third party beneficiary of this contract for that purpose. Upon advertisement of the project
work for construction, the Contract Professional shall make available services as requested by the
State to assist the State in the evaluation of construction and the resolution of construction
problems that may arise during the construction of the project. The Contract Professional shall
review the construction contractor's shop drawings for conformance with the contract documents
and compliance with the provisions of the State's publication, "Standard Specifications for Road
and Bridge Construction", in connection with this work.
Weld County Bridge 6/25A
Page 2 of 3
a
IN WITNESS WHEREOF, the parties hereto have signed this Agreement this /7 — day of Alent,der
2010.
COUNTY DEPARTMENT: R
ATTEST: : ��� lE)lda% COUNTY OF WELD, STATE OF COLORADO,
gyp; �►` by and through the Board of County Commissioners
.•��� 1♦1 of Weld County
361 O 1/42
By: A, B JL /tLc
(Deputy) CI a tot e Boar:%`LLI' 1 � Barbara Kirkmey r, Chair 'Pro-Tem
NOV 1 7 2010
CONTRACT PROFESS AL:
By: Date /v' /to /2o/O
N me:: c(Knl /N• ,niu..1
Title:&G/u.J1 t'* . nuN9G,E4,
SUBSCRIBED AND SWORN to before me this ° kday of 0(111)(t- , 2010.
,,,,,, '
N1. N,4YJMESS my hand and official seal.
es:•Q-• •• 2= •
0�• �OTAq� • A( X11
oUBL\G •• O' N ary Public
•''94b`OF C ath � 2—C)\‘mission expires: � h`
Attachments: S.E.H. —Work Proposal
CDOT Exhibit J—Federal Requirements
Weld County Bridge 6/25A
Page 3 of 3
a2/9/.O -a Y%
SEH MEMORANDUM
TO: Michael Bedell,PE
FROM: Mark Hildahl,PE
DATE: August 25, 2010
RE: Scope of Work: Weld County Road 6 over S. Platte River Rehabilitation
SEH No. 113770 den
Scope of Work
SEH will provide Weld County assistance with the structural design of the rehabilitation of the bridge
carrying Weld County Road 6 over the South Platte River(WEL006.0-025.0A). The rehabilitation will
include the removal of the existing asphalt, placement of a waterproof membrane on top of the existing
concrete deck, and placement of new asphalt. The steel piles of the interior piers will be encased in
concrete. No work is anticipated on the bridge and approach rails,the abutments, or on the superstructure
(except as listed above.)
The anticipated work items SEH will perform include:
• Preparation of structural engineering calculations verifying the rehab design suitable for review
and approval by CDOT Staff Bridge.
• Performance of additional condition assessment, as needed.
• Preparation of design details, as requested by Weld County, for inclusion in the plans.
• Site visits during construction.
• Shop Drawing Review.
Weld County will perform much of the work in-house. The items Weld County will be responsible for
include:
• Survey
• ROW plans and acquisition
• Environmental permitting
• Plans, specifications, and construction estimate
• Bidding services
• Construction Management
Due to the nature of this project, SEH will perform the above services as requested by Weld County.
Fees will be accumulated on a time and materials basis, as detailed in the on-call contract. The not-to-
exceed fee is set at$20,000. The estimated fees for each task are as follows:
Short Elliott Hendrickson Inc.,2000 South Colorado Boulevard,Suite 6000,Colorado Center Tower One,Denver,CO 80222-7938
SEH is an equal opportunity employer www.sehinc.com 720.540.6800 I 800.490.4966 I 720.540.6801 fax
Scope of Work: Weld County Road 6 over S. Platte River Rehabilitation
August 25, 2010
Page 2
Work Item Estimated Fee
Structural Calculations $16,000
Condition Assessment $700
Design Details $1,500
Site Visits $1,300
Shop Drawing Review $500
To maintain maximum flexibility for Weld County, any remaining fees for a given task may be applied to
the other tasks, at the County's discretion.
mch
[\dsse\publlc\projcct proposal devclopmem\currem\weld co\wcr 6-25-a woo-scope of work docx
PROJECT COST WORKSHEET (COST PLUS FIXED FEE)
Project Number: BRO C030-041 (17909)
Location: Weld County Bridge 6-25A Rehabilitation
Firm Name: Short Elliott Hendrickson
Name of Preparer: Mark Hildahl Phone No.: 720.540.6887
Scope of Work Date:
Type of Proposal: COST PLUS FIXED FEE Contract Time: TBD
1A. LABOR RATES:
EMPLOYEE EMPLOYEE DIRECT SALARY INDIRECT LABOR RATE
NAME CLASSIFICATION COST/HOUR COST(%) $/HOUR((a x b)+a)
(a) (b) (c)
Simmer,John Project Principal $ 64.22 165.48 $ 170.49
Hildahl,Mark Project Manager $ 50.92 165.48 $ 135.18
MacLachlan,Matthew Sr.Professional Engineer 1 $ 38.67 165.48 $ 102.66
Ayan,Ismail Professional Engineer $ 24.12 165.48 $ 64.03
Barnett,Stan Lead Technician $ 37.07 165.48 $ 98.41
Sundeen,Dan Technician $ 29.71 165.48 $ 78.87
Nadolny,Sarah Admin.Assistant $ 22.53 165.48 $ 59.81
O'Connor,Suzie Sr.Accounting Assistant $ 34.65 165.48 $ 91.99
Dorzweiler,Vincent Graduate Engineer $ 24.83 165.48 $ 65.92
Ebersole,Ian Intern Engineer $ 12.00 165.48 $ 31.86
$ -
1B. LABOR COSTS:
EMPLOYEE LABOR RATE ESTIMATED NO. ESTIMATED COST
NAME CLASSIFICATION $/HOUR OF WORK HOURS PER EMPLOYEE
(from 1A,c) (b) (c)
Simmer,John Project Principal $ 170.49 4.00 $ 681.96
Hildahl,Mark Project Manager $ 135.18 40.00 $ 5,407.20
MacLachlan,Matthew Sr.Professional Engineer I $ 102.66 40.00 $ 4,106.40
Ayan,Ilmail Graduate Engineer $ 64.03 40.00 $ 2,561.20
Barnett,Stan Lead Technician $ 98.4( 16.00 $ 1,574.56
Sundeen,Dan Technician $ 78.87 16.00 $ 1,261.92
Nadolny,Sarah Admin.Assistant $ 59.81 4.00 $ 239.24
O'Connor,Suzie Sr.Accounting Assistant $ 91.99 6.00 $ 551.94
Dorzweiler,Vincent Graduate Engineer $ 65.92 24.00 $ 1,582.08
Ebersole,Ian Intern Engineer $ 31.86 0.00 $ -
0.00 $ -
Total Labor $ 17,966.50
2. FEE (10.5% x Section 1B) Total Fixed Fee $ 1,886.48
PROJECT COST WORKSHEET (COST PLUS FIXED FEE)
Project Number: BRO C030-041 (17909)
Location: Weld County Bridge 6-25A Rehabilitation
Firm Name: Short Elliott Hendrickson
Name of Preparer: Mark Hildahl Phone No.: 720.540.6887
Scope of Work Date:
Type of Proposal: COST PLUS FIXED FEE Contract Time: TBD
3A. OTHER DIRECT COST RATES (IN-HOUSE):
ESTIMATED UNIT ESTIMATED
ITEM UNITS RATES COST
Copies-Black&White 0.10/each 0.00
Copies-Color 0.30/each 0.00
22"x 34"Prints I.00/each 0.00
SUB-TOTAL $0.00
3B. OTHER DIRECT COST RATES OUTSIDE):
ESTIMATED UNIT ESTIMATED
ITEM UNITS RATES COST
Mileage Current Federal Rate 100.00
Travel/Per Diem Current State Rates
Postage/Delivery Services At cost subject to prior approval of CDOT/PM
Out of Office Reproduction At cost subject to prior approval of CDOT/PM
Equipment Rental At cost subject to prior approval of CDOT/PM
Other Miscellaneous At cost subject to prior approval of CDOT/PM 47.02
SUB-TOTAL $147.02
4A. OUTSIDE SERVICES RATES (SUB-CONSULTANTS):
ESTIMATED
Firm Name COST
SUB-TOTAL $0.00
4B. OUTSIDE SERVICES RATES (VENDORS):
ESTIMATED
Firm Name COST
TOTAL OUTSIDE SERVICES
TOTAL ESTIMATED COST $20,000.00
PROJECT COST WORKSHEET (COST PLUS FIXED FEE)
Project Number: BRO C030-041 (17909)
Location: Weld County Bridge 6.25A Rehabilitation
Firm Name: Short Elliott Hendrickson
Name of Preparer: Mark Hildahl Phone No.: 720.540.6887
Scope of Work Date:
Type of Proposal: COST PLUS FIXED FEE Contract Time: TBD
I declare that to the best of my knowledge the wage rates and other factual unit rates supporting the compensation of be paid by the
Department for the professional services on this document are accurate, complete, and current at the time of contracting, and
include no unallowable or duplicate costs.
n
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(TYPED NAME) GNATUR )
Z.O/o Og'ic
(DATE SIGNED)
38. EXHIBIT J - FEDERAL REQUIREMENTS
Federal laws and regulations that may be applicable to the Work include:
A. Uniform Administrative Requirements for Agreements and Cooperative Agreements to
State and Local Governments (Common Rule)
The "Uniform Administrative Requirements for Agreements and Cooperative Agreements to
State and Local Governments(Common Rule), at 49 Code of Federal Regulations, Part 18,
except to the extent that other applicable federal requirements (including the provisions of 23
CFR Parts 172 or 633 or 635) are more specific than provisions of Part 18 and therefore
supersede such Part 18 provisions. The requirements of 49 CFR 18 include, without limitation:
i. the Local Agency/Contractor shall follow applicable procurement procedures, as required by
section 18.36(d);
ii.the Local Agency/Contractor shall request and obtain prior CDOT approval of changes to
any subcontracts in the manner, and to the extent required by, applicable provisions of
section 18.30;
iii. the Local Agency/Contractor shall comply with section 18.37 concerning any sub-
Agreements;
iv. to expedite any CDOT approval, the Local Agency/Contractor's attorney, or other
authorized representative, shall also submit a letter to CDOT certifying Local
Agency/Contractor compliance with section 18.30 change order procedures, and with
18.36(d) procurement procedures, and with 18.37 sub-Agreement procedures, as
applicable;
v. the Local Agency/Contractor shall incorporate the specific contract provisions described in
18.360)(which are also deemed incorporated herein) into any subcontract(s)for such
services as terms and conditions of those subcontracts.
B. Executive Order 11246
Executive Order 11246 of September 24, 1965 entitled "Equal Employment Opportunity," as
amended by Executive Order 11375 of October 13, 1967 and as supplemented in Department
of Labor regulations (41 CFR Chapter 60) (All construction contracts awarded in excess of
$10,000 by the Local Agencys and their contractors or sub-the Local Agencys).
C. Copeland "Anti-Kickback" Act
The Copeland "Anti-Kickback" Act(18 U.S.C. 874) as supplemented in Department of Labor
regulations (29 CFR Part 3)(All contracts and sub-Agreements for construction or repair).
D. Davis-Bacon Act
The Davis-Bacon Act(40 U.S.C. 276a to a-7) as supplemented by Department of Labor
regulations (29 CFR Part 5) (Construction contracts in excess of$2,000 awarded by the Local
Agencys and sub-the Local Agencys when required by Federal Agreement program legislation.
This act requires that all laborers and mechanics employed by contractors or sub-contractors to
work on construction projects financed by federal assistance must be paid wages not less than
those established for the locality of the project by the Secretary of Labor).
E. Contract Work Hours and Safety Standards Act
Sections 103 and 107 of the Contract Work Hours and Safety Standards Act (40 U.S.C. 327-
330)as supplemented by Department of Labor regulations(29 CFR Part 5). (Construction
contracts awarded by the Local Agencys and sub-the Local Agencys in excess of$2,000, and in
excess of $2,500 for other contracts which involve the employment of mechanics or laborers).
F. Clear Air Act
Standards, orders, or requirements issued under section 306 of the Clear Air Act (42 U.S.C.
1857(h), section 508 of the Clean Water Act(33 U.S.C. 1368). Executive Order 11738, and
Environmental Protection Agency regulations(40 CFR Part 15) (contracts, subcontracts, and
sub-Agreements of amounts in excess of $100,000).
G. Energy Policy and Conservation Act
Page 1 of 3
Mandatory standards and policies relating to energy efficiency which are contained in the state
energy conservation plan issued in compliance with the Energy Policy and Conservation Act
(Pub. L. 94-163).
H. OMB Circulars
Office of Management and Budget Circulars A-87, A-21 or A-122, and A-102 or A-110,
whichever is applicable.
I. Hatch Act
The Hatch Act(5 USC 1501-1508) and Public Law 95-454 Section 4728. These statutes state
that federal funds cannot be used for partisan political purposes of any kind by any person or
organization involved in the administration of federally-assisted programs.
J. Nondiscrimination
42 USC 6101 et seq. 42 USC 2000d, 29 USC 794, and implementing regulation, 45 C.F.R. Part
80 et. seq. These acts require that no person shall, on the grounds of race, color, national
origin, age, or handicap, be excluded from participation in or be subjected to discrimination in
any program or activity funded, in whole or part, by federal funds.
K. ADA
The Americans with Disabilities Act(Public Law 101-336; 42 USC 12101, 12102, 12111-12117,
12131-12134, 12141-12150, 12161-12165, 12181-12189, 12201-12213 47 USC 225 and 47
USC 611.
L. Uniform Relocation Assistance and Real Property Acquisition Policies Act
The Uniform Relocation Assistance and Real Property Acquisition Policies Act, as amended
(Public Law 91-646, as amended and Public Law 100-17, 101 Stat. 246-256). (If the contractor
is acquiring real property and displacing households or businesses in the performance of the
Agreement).
M. Drug-Free Workplace Act
The Drug-Free Workplace Act(Public Law 100-690 Title V, subtitle D, 41 USC 701 et seq.).
N. Age Discrimination Act of 1975
The Age Discrimination Act of 1975, 42 U.S.C. Sections 6101 et. seq. and its implementing
regulation, 45 C.F.R. Part 91; Section 504 of the Rehabilitation Act of 1973, 29 U.S.C. 794, as
amended, and implementing regulation 45 C.F.R. Part 84.
O. 23 C.F.R. Part 172
23 C.F.R. Part 172, concerning "Administration of Engineering and Design Related Contracts".
P. 23 C.F.R Part 633
23 C.F.R Part 633, concerning "Required Contract Provisions for Federal-Aid Construction
Contracts".
Q. 23 C.F.R. Part 635
23 C.F.R. Part 635, concerning "Construction and Maintenance Provisions".
R. Title VI of the Civil Rights Act of 1964 and 162(a) of the Federal Aid Highway Act of 1973
Title VI of the Civil Rights Act of 1964 and 162(a)of the Federal Aid Highway Act of 1973. The
requirements for which are shown in the Nondiscrimination Provisions, which are attached
hereto and made a part hereof.
S. Nondiscrimination Provisions:
S. Nondiscrimination Provisions:
In compliance with Title VI of the Civil Rights Act of 1964 and with Section 162(a)of the Federal
Aid Highway Act of 1973, the Contractor, for itself, its assignees and successors in interest,
agree as follows:
I. Compliance with Regulations
The Contractor will comply with the Regulations of the Department of Transportation relative
to nondiscrimination in Federally assisted programs of the Department of Transportation
(Title 49, Code of Federal Regulations, Part 21, hereinafter referred to as the "Regulations"),
which are herein incorporated by reference and made a part of this Agreement.
Page 2 of 3
ii. Nondiscrimination
The Contractor, with regard to the work performed by it after award and prior to completion of
the contract work, will not discriminate on the ground of race, color, sex, mental or physical
handicap or national origin in the selection and retention of Subcontractors, including
procurement of materials and leases of equipment. The Contractor will not participate either
directly or indirectly in the discrimination prohibited by Section 21.5 of the Regulations,
including employment practices when the contract covers a program set forth in Appendix C
of the Regulations.
iii. Solicitations for Subcontracts, Including Procurement of Materials and Equipment
In all solicitations either by competitive bidding or negotiation made by the Contractor for
work to be performed under a subcontract, including procurement of materials or equipment,
each potential Subcontractor or supplier shall be notified by the Contractor of the
Contractor's obligations under this Agreement and the Regulations relative to
nondiscrimination on the ground of race, color, sex, mental or physical handicap or national
origin.
iv. Information and Reports
The Contractor will provide all information and reports required by the Regulations, or orders
and instructions issued pursuant thereto and will permit access to its books, records,
accounts, other sources of information and its facilities as may be determined by the State or
the FHWA to be pertinent to ascertain compliance with such Regulations, orders and
instructions.Where any information required of the Contractor is in the exclusive possession
of another u r shall
so certify to State, or the FHWA as appropriate and shall set forth what efforts have been made to obtain e
the information.
v. Sanctions for Noncompliance.
In the event of the Contractor's noncompliance with the nondiscrimination provisions of this
Agreement, the State shall impose such contract sanctions as it or the FHWA may determine
to be appropriate, including, but not limited to: a. Withholding of payments to the Contractor
under the contract until the Contractor complies, and/or b. Cancellation, termination or
suspension of the contract, in whole or in part.
T. Incorporation of Provisions§22
The Contractor will include the provisions of paragraphs A through F in every subcontract,
including procurement of materials and leases of equipment, unless exempt by the Regulations,
orders, or instructions issued pursuant thereto. The Contractor will take such action with respect
to any subcontract or procurement as the State or the FHWA may direct as a means of
enforcing such provisions including sanctions for noncompliance; provided, however, that, in the
event the Contractor becomes involved in, or is threatened with, litigation with a Subcontractor
or supplier as a result of such direction, the Contractor may request the State to enter into such
litigation to protect the interest of the State and in addition, the Contractor may request the
FHWA to enter into such litigation to protect the interests of the United States.
Page 3 of 3
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