HomeMy WebLinkAbout890465.tiff RESOLUTION
RE: APPROVE CONTRACT BETWEEN UNION PACIFIC RAILROAD COMPANY AND
WELD COUNTY, COLORADO, AND AUTHORIZE CHAIRMAN TO SIGN
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, a Contract for the installation of automatic
crossing signals with gates on Weld County Road 16 east of U.S.
Highway 85, between Union Pacific Railroad Company and Weld County
has been presented to the Board, and
WHEREAS , the terms and conditions are as stated in the
Contract, a copy of which is attached hereto and incorporated
herein by reference, and
WHEREAS , after study and review, the Board deems it advisable
to approve said Contract, for the safety of the general public .
NOW, THEREFORE, BE IT RESOLVED by the Board of County
Commissioners of Weld County, Colorado, that said Contract between
the Union Pacific Railroad Company and Weld County be, and hereby
is , approved .
BE IT FURTHER RESOLVED by the Board that the Chairman be, and
hereby is , authorized to sign said Contract.
The above and foregoing Resolution was, on motion duly made
and seconded, adopted by the following vote on the 31st day of
May, A.D. , 1989 .
•
BOARD OF COUNTY COMMISSIONERS
ATTEST: 4:84 WELD COUNTY,
COODUNTYY, CpLORADO
Weld County erk and Recorder ":"•141/1--4--4h�"
and Clerk to the Board C.W. Ki C irman
•
l csr -
c4J ne J•'U son, Pro-Tem
7pu€y County C erk YY,��LL
APPROD AS TO FORM: ene R. Brantner�
George Kennedy
County Attorney EXCUSED DATE OF SIGNING - AYE
Gordon E. Lacy
A ;,/:' 7- 2 ,7 j 1"U.-71--4--z/ 890465
L 'ON PACIFIC RAILROAD COMP 1Y
ENGINEERING DEPARTMENT
C.D.BARTON S.J.McLAUGHLIN,ASSISTANT VICE PRESIDENT-ENGINEERING P.M.ABARAY
CHIEF ENGINEER-MAINTENANCECHIEF ENGINEER-SIGNALS
C.L.JENSEN UNION D.L.BANGHART
CHIEF ENGINEER-PROGRAMS PACIFIC CHIEF ENGINEER-PLANNING
J.R.BERAN I I I I I I J.W HEAVIN
CHIEF ENGINEER-DESIGN CHIEF ENGINEER-FACILITIES
ROOM 1000
1416 DODGE STREET
OMAHA,NEBRASKA 68179
(402)271-5000
May 5, 1989
Crossing - Public
Co. , Ft. Lupton
Co. Rd. #16
DOT 804375K
Mr. Alan Miller
Utility Inspector
Weld County
P.O. Box 758
Greeley, Colorado 80632
Dear Mr. Miller:
Reference is made to previous correspondence regarding
proposed project to install automatic crossings signals with
gates at the above referenced location.
Please find attached duplicate originals of agreements
to cover this project. Please arrange for execution on
behalf of the County and return both agreements to us for our
execution. After execution by the Railroad, your original
counterpart will be returned for your files.
Please send agreements to: Mr. R. E. Jackson
Manager Contracts Rm 1100
Union Pacific Railroad Co.
1416 Dodge Street
Omaha Nebraska 68179
If any further information is needed, please contact me
at (402) 271-3784, I would also appreciate copy of cover
letter when agreements are returned.
Yours truly,c:fL K. Rudolph
ca • 6 Mgr. Ind. & Pub. Projects
top ` _�' UPRR Council Bluffs Office
1I 1416 Dodge Street
Omaha, Nebraska 68179
890465
t , 989 EmoRAnDum
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a} fbard of County Commissioners
O Town Millar, Engineering Data May 11 , 19R9
COLORADO From Lee D Mnrrisnn, Assistant Weld County Attorney
Contract Between the County of Weld and the
Subject: Union Pani fi r• Rai 1 oad omDany Regarding Grail
Crossing Warning Devise at Weld County Road
16, East of Highway 85
I have reviewed the contract and find it is acceptable for
signature provided the following policies enunciated in the
contract are accepted and understood by the Board. The contract
basically provides that the Railroad shall pay nothing toward the
expense of installing the gates but will provide maintenance
indefinitely thereafter. The Railroad will actually perform the
work and this contract obligates Weld County to reimburse the
Railroad for all the work done regardless of whether or not Weld
County is compensated. Should there be damage, under Article III,
paragraph 4 , then the County is obligated to attempt to collect
from the party causing the damage the cost necessary for the
replacement and reimburse the Railroad up the amount recovered.
In the event nothing can be recovered then the loss will be borne
in proportions which will be established by the Colorado Public
Utility Commission.
It is my understanding that Weld County is in line for grant money
which should pay for approximately 90% of the cost and should that
money not be available, under Article IV, Section C, we could
cancel the contract subject to the expenses incurred by the
Railroad in planning for the project.
There are 3 typographical errors which I have identified. Page 3,
Article III , paragraph 3 , the third to the last word in the last
line should be "and" instead of "ant. " Article 1V, Section B,
appears to be lacking a negative somewhere as it is my
understanding the Railroad is claiming that there is no benefit to
the Railroad. I would hesitate to add that by interlineation as I
am not sure of the language but it may be appropriate to call that
to their attention. A similar error is made in Section J on page
5 where we are supposed to transfer or sign the agreement and I
would recommend interlineating the word "not" prior to the word
"transfer" in the first line of Section J and having the Chairman
initial that.
e D Morrison
Assis ant County Attorney
rm
890465
CORD16.PRX
• Installation of AutomaLlc = / 371 / <62
Flashing Light Signals and
Gates, Mile Post 26.98,
nr Fort Lupton, Colorado
THIS CONTRACT, made this 31st day of May , 1989 , by and
between COUNTY OF WELD, a county of the state of Colorado, (hereinafter the
"Political Body"), and UNION PACIFIC RAILROAD COMPANY, a corporation of the
state of Utah, (hereinafter called "Railroad") .
WHEREAS, required approval, clearance, and coordination has
been accomplished from and with appropriate agencies; and
WHEREAS, under authority of the laws and statues of the
United States and the State of Colorado, funds have been
allocated for the purpose of eliminating hazards to life and
property for upgrading highway/railroad Grade Crossing Warning
Devices at various locations in the State of Colorado under
Section 203 of the Federal-Aid Highway Program; and
WHEREAS, the Political Body, by resolution has the authority
to enter into contracts, including contracts with railroads, for
safeguarding life and property at highway/railroad grade
crossings; and
WHEREAS, it is desirable, for the benefit, convenience and
safety of the public using the roadway and for the parties hereto
that the improvements provided by this contract be accomplished
by the Railroad's forces; and
WHEREAS, the Railroad is willing to accomplish the
improvements with its forces as hereinafter set forth, provided
the cost thereof is assumed by the Political Body funds and
Federal funds.
NOW, THERFORE, it is hereby agreed that:
ARTICLE I
GENERAL PROVISIONS
SECTION A. DEFINITIONS.
The term "Work" shall include furnishing all materials and doing all
work necessary to install highway warning devices at the crossing of County Road
16 and Union Railroad's tracks, near the City of Fort Lupton, State of Colorado,
(hereinafter called "Grade Crossing Warning Devices") .
FHWA U.S. Department of Transportation
Federal Highway Administration
FHPM 6-6-2-1 Federal-Aid Highway Program Manual
Volume 6, Chapter 6, Section 2
Subsection 1
MUTCD The Manual on Uniform Traffic Control
Devices for Streets and Highways
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SECTION B. EXHIBITS.
The exhibits listed below are hereto attached and made a part of this
contract:
Exhibit A Print showing general crossing location and
general location of proposed Grade Crossing
Warning Devices.
Exhibit B The Railroad's Force Account Estimates
to accomplish work.
SECTION C. REFERENCE DOCUMENTS.
The following are made a part of this contract by reference the same
as if attached hereto including any supplements or amendments thereto dated
prior to the date of this contract:
FHPM 1-4-3 Dated April 25, 1975
FHPM 6-4-1-6 Dated September 10, 1976
FHPM 6-6-2-1 Dated April 25, 1975
FHPM 6-8-2-1 Dated July 3, 1974
MUTCD including FHWA Bulletin Dated April 1, 1977, "Part VIII -
Traffic Control System for Railroad Highway Grade Crossings."
ARTICLE II
COMMITMENTS ON THE PART OF THE RAILROAD
SECTION A. CROSSING AT GRADE.
1. Warning Devices. The Railroad agrees to accomplish all the work
required hereunder relating to the installation of the Grade Crossing Warning
Devices.
a. The Railroad will prepare and submit to the Political Body,
crossing sketch and estimates for the installation of the proposed Grade
Crossing Warning Devices.
b. The crossing sketch (Exhibit A) and estimates (Exhibit B) ,
when and as approved by the parties hereto, shall govern the construction of the
Grade Crossing Warning Devices.
2. Changes and Extra Work. No changes shall be made in the work
which will materially increase the cost of the project as shown on the estimates
(Exhibit B) or alter the character or scope of the work without prior
authorization of the Political Body. Major changes and extra work must be
approved in writing in advanced; minor changes and minor extra work may be
performed and approval obtained retroactively.
3. Future Use of Warning Devices. If, hereafter, by agreement,
negotiation, or order of competent public authority, the Grade Crossing Warning
Devices are rendered unnecessary, undesirable, or improper by closing of said
crossing, by relocation, by separation of grades, or by development or
improvement in crossing technology or otherwise, such devices shall be removed,
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and then reinstalled or salvaged as approved by the Colorado Public Utilities
Commission.
4. Maintenance of Warning Devices. Upon completion of the work
required under this Contract, the Railroad shall, at the expense of the
Railroad, thereafter, operate, maintain, repair, and keep the Grade Crossing
Warning Devices installed hereunder in a proper working condition; provided,
however, that the Railroad shall be entitled to receive any contribution towards
the cost of such operation or maintenance as may now or hereafter be made
available by reason of any law, ordinance, regulations, order, grant, or by
other lawful means or sources.
ARTICLE III
COMMITMENTS ON THE PART OF THE POLITICAL BODY
SECTION A. POLITICAL BODY OBLIGATIONS.
1. Actual Costs. The Political Body shall reimburse the Railroad
one hundred percent (100%) of the total actual costs of the Railroad.
2. Acceptance of the Railroad's Estimates. The estimated cost of
the work to be performed by the Railroad under this contract is shown on the
estimate marked Exhibit B. The subject estimate has been examined by the
Political Body and judged to be satisfactory as a basis for reimbursing the
Railroad, it being understood and agreed that the total reimbursement shall be
made on the basis of the actual costs in accord with FHPM 1-4-3. The estimate is
based on the Railroad's best judgment as to the actual cost of the work to be
done by the Railroad, however, the estimate is not a guarantee as to actual
costs.
3. Reimbursement of the Railroad by the Political Body. The
Political Body agrees to reimburse the Railroad for all the work and services
performed by the Railroad's forces, including the cost of preliminary
engineering, in a total amount equalling the cost incurred by the Railroad in
accord with FHPM 1-4-3. Railroad may present progressive billings and the
Political Body shall make payment upon receipt of Railroad's statement, with the
aggregate amount of such billings not to exceed ninety percent (90%) of the
total estimated cost less any previous payments, and the Political Body shall
make payment to the Railroad. Subsequent to the final audit, the Political Body
will make final payment to the Railroad for work performed and materials
furnished in accordance with this Agreement. The Railroad's billing for incurred
costs of any such work by the Railroad's forces shall be audited by the
Political Body for compliance with the aforesaid FHPM 1-4-3. Labor charges for
any services or work performed by the Railroad's personnel sh be in accord
with the then current working agreement between the Railroad an 'ltts employees.
4. Accident Damage. Replacement of equipment necessitated by reason
of accidental damage shall be made by the Railroad as soon as practical
regardless of whether the likelihood of collection from the party or parties
causing the damage shall have been determined at the time of need for such
replacement.
If an accident which destroys or damages the grade Crossing Warning
Devices is the responsibility of a party or parties causing such destruction and
the party or parties are not signatory to this Agreement, then the Political
Body shall thereupon attempt to collect, from the party or parties causing the
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damage or destruction, the full cost necessary for the replacement of the
damaged parts. the Political Body will reimburse the Railroad for its actual
expenses in such restoration up to the amount recovered by the Political Body
and so used.
In the event the Grade Crossing Warning Devices shall be damaged by
vehicular accident or otherwise and the cost of necessary repairs shall not be
collectible from the party or parties responsible, then the cost of such repairs
shall be apportioned to and borne by the parties hereto and existing federal and
state funding programs or other funding in such proportion as shall be
determined by the Colorado Public Utilities Commission.
ARTICLE IV
ADDITIONAL PROVISIONS
SECTION A. FEDERAL AID PROJECTS.
It is understood that the project herein contemplated shall be
financed in part from funds made available by the Federal Government and
expended under Federal regulations; that all plans, estimates of cost,
specifications, authorizations, awards of contracts, acceptance of work and
procedures in general are subject at all time to all Federal laws, rules,
regulations, orders and approvals applying to Federal projects.
SECTION B. NO BENEFITS TO THE RAILROAD.
Pursuant to 23 U.S.C. 130(b) and 49 C.F.R. 1.48, in accordance with
Paragraph 6b(1Aogt ig,�yPM 6-6-2-1, it is determined that the improvement herein
provided will A r 'lt in ascertainable benefits to the Railroad and,
consequently, liability for the cost thereof shall not be assigned to the
Railroad.
SECTION C. CANCELLATION.
In the event fir difficulties a sin aixxseg In securing necessary Federal
approvals, or in acquring necessary right-of-way, or in settling damages or
damage claims, or for any other reason, which in the opinion of the Political
Body, render it impracticable to utilize Federal funds from the current
appropriation for the construction of the project, then at any time before
actual construction is started pursuant to proper notice, Federal approval wifc�l
authority, the political Body may serve formal notice of cancellation upon the
Railroad and this contract shall thereupon become null and void. In the event of
any such cancellation, the Political Body shall reimburse the Railroad for all
related preliminary engineering costs incurred by the Railroad prior to the
effective cancellation date, along with any other properly incurred expenses due
as of the cancellation date.
SECTION D. APPLICATION TO PUBLIC UTILITIES COMMISSION.
The Political Body has made/shall make application to the Public
Utilities Commission for installation of Grade Crossing Warning Devices and for
approval of the continuing maintenance provisions herein agreed to by the
parties. The parties hereto shall cooperate in presenting all matters involved
to said Public Utilities Commission, if any further matters are still to be
presented.
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_ 4 _
SECTION E. APPROVAL BY PUBLIC UTILITIES COMMISSION.
The provisions of this contract, pertaining to the modifications
required in the Railroad's facilities, shall not become effective until approval
thereof has been obtained from the Public Utilities Commission and an order
issued.
SECTION F. CIVIL RIGHTS.
In compliance with Title VI of the Civil Rights Act of 1964, and with
Section 162(1) of the Federal Highway Act of 1973, the Railroad, for itself, its
assignees and successors in interest, agrees as follows:
See attached Schedule "A"
SECTION G. REMEDIES FOR BREACH.
If the Political Body shall fail, refuse or neglect to perform and
abide by the terms of this Agreement, the Railroad, in addition to any other
rights and remedies, may perform any work which in the judgment of the Railroad
is necessary to place the highway and appurtenance in such condition as will not
menace, endanger or interfere with the Railroad's employees, and the Political
Body will reimburse the Railroad for the expense thereof.
No termination of this Agreement shall affect any rights or
obligations of the parties hereto which may have accrued, or liabilities,
accrued or otherwise, which may have risen prior to such termination.
SECTION H. WAIVER OF BREACH.
The waiver by the Railroad of a breach of any condition, covenant or
agreement herein contained to be kept, observed, and performed by the Political
Body shall not impair the right of the railroad to avail itself of any
subsequent breach thereof.
SECTION I. EFn.CTIVE DATE.
This Agreement shall take effect as of the date first herein written
and shall continue in full force and effect until terminated by agreement of the
parties or order of a competent authority.
SECTION J. RIGHT NOT TRANSFERABLE. ttQgJ
The Political Body agreesAto transfer or assign this Agreement, or any
interest therein, or any right granted thereunder, without the written consent
of the Railroad, and it is agreed that any such transfer or assignment, whether
voluntary, by operation of law, or otherwise, without such written consent,
shall absolutely void and shall, at the option of the Railroad, terminate this
Agreement.
SECTION K. SUCCESSORS AND ASSIGNS.
All of the covenants and provisions hereof shall, inure to the benefit
of and binding upon the parties hereto, their successors and assigns.
990465
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IN WITNESS WHEREOF, the parties hereto have caused this Agreement to
be executed in duplicate as of the date first herein written.
WITNESS: UNION PACIFIC RAILROAD COMPANY
By
�JJ-� � Gen-Director Contracts & Real Estate
t77)7ATTEST: I E'-44, i+0 COUNTY OF WELD
„/ . �J By � �
JTitle: Chairman Board of County
(Seal) Commissioners
Pursuant to Resolution No. N/A
Passed May 31 , 1989,
copy attached.
890465
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EXHIBIT "A"
UNION PACIFIC RAILROAD COMPANY
Fort Lupton, Weld County, Colorado
M . P. 26 . 98 — Greeley Subdivision
To accompany agreement with Weld
County to install automatic flashing
lights , with gates at County Rd . 16 .
Scale: 1 " = 100'
Office of Director—Ind. & Pub Projects
Omaha, Nebraska April 20, 1989
* LEGEND *
Crossing Area Shown
RR R/W Shown
89€ 465
ESTIMATE OF MATERr" AND FORCE ACCOUNT WORK
L AE
UNION PACIFIC RAILROAD COMPANY
FOR THE
COLORADO-DEPARTMENT OF TRANSPORTATION
DESCRIPTION OF WORK : INSTALL AUTOMATIC FLASHING LIGHT CROSSING SIGNALS WITH GATES
AT C.R. 16 , M.F. 26,98 , DOT 804375K
LOCATION : FT. LUPTON SERVICE UNIT : tO
DATE : 04/20/88
JOB DESCRIPTION LABOR MATERIAL
NO. TOTAL
HIGHWAY CROSSING SIGNALS
ENGINEERING 4000
INSTALL SIGNALS 16448 29943
REMOVE XING SIGNS 100
LABOR ADDITIVES 12945
M.S.E. 2076
CONTINGENCIES 2045 2994
•
EQUIPMENT RENTAL 1500
PERSONAL EXPENSES 5250
40788 36533 77321
TOTAL PROJECT 40788
36533 77321
EXISTING REUSABLE MATERIAL - NOS
SALVAGE NONUSABLE MATERIAL - NONE
NOTE : SEE ATTACHED WORKSHEET
TOTAL ESTIMATED COST OF PROJECT LESS CREDITS 77321
THE ABOVE FIGURES ARE ESTIMATES ONLY AND SUBJECT TO FLUCTUATION. IN THE EVENT OF AN INCREASE
OR DECREASE IN THE COST OR AMOUNT OF MATERIAL OR LABOR REQUIRED, THE STATE WILL BE BILLED FOR
ACTUAL CONSTRUCTION COSTS AT THE CURRENT RATES EFFECTIVE THEREOF.
890465
PATE-: 04/20/88 ,..riVICE UNIT : 10 SHEET 1 OF 2
LCCATICN : FT. LUPTO?? STATE : COLORADO
DESCRIPTION OF WORK : INSTALL AUTOMATIC FLASHING LIGHT CROSSING SIGNALS WITH GATES
AT C.R. 16 , M.P. 26:98 , DOT 804375K
I ,;C3 I TAB I DESCRIPTION I QUTY I UNIT I COST I LABOR 11MATERIAL I PI I O.E. I OTHER I A/R '
---- - ------- - -------- - ------- - --------
AUTO11ATIC HIGHWAY WARNING DEVICES 709-21-
BATTERY, 75A-9 6 EA 141.00 346 10
BATTERY, 75A-23 6 EA 322.00 1932
CONDUIT FIBRE I EA 29.00 29
GROUND ROD CONN, 4 EA 3.00 12
GROUND ROD 4 EA 11.00 44
WIRE, 2C r 6 300 LF 0.85 255
WIRE, 5C # 9 600 LF 1.00 600
WIRE, 5C #6 0 EA 1,53 0
SIGN, TRACK 0 EA 20.00
9
SIGN, MOUNTING KIT 4 EA 106.0?0 424
SIGN, RR XING 2 EA 54.00 108
BOND STRAND 100 LF 0.29 2?
BOOTLEG 4 EA 25.00 100
FOUNDATION, GATE 2 EA 162.00 324
FOUNDATION, CABIN 4 EA 49.00 196
CABIN, 6' X 6' 1 EA 2362.00 2362
RECTIFIER 2 EA 285.00 579
TRANSFORMER 1 EA 93.00 93
BELL 2 EA 170.00 340
F.L.SIGNAL W/GATE 2 EA 4158.00 8316
HARMON, PhD-2 I EA 8004.00 0004
MONITOR 1 EA 653.00 653
RELAY, SLOW RELEASE 1 EA 225.00 225
RELAY, FLASHER 1 EA 469.00 469
RELAY, PO 1 EA 358.00 358
RELAY, LAME' CONTROL 1 EA 333.00 333
RELAY, 670 OWM 4PT. 2 EA 412.00 024
POLE & POWER TAP 1 EA 715.00 715
GUARD RAIL 0 EA 500.00 0
F'IPE 21' SECTION 3 EA 92.00 276
MISC, MAIL. 1 LS 850
WIRE HOUSE 44 HR 14.13 622 656
ENGINEERING 4000
INSTALL SIGNALS 1120 HR 14.13 15826
ADDITIVES 632 12082
MSE 7X 2096
CONTINGENCIES 10S 2045 2994
EQUIPMENT RENTAL 15 DAYS 100 4500
PERSCNAL EXPENSES 15 DAYS 50 5250
x0625 36533 77
REMOVAL ''1-"
REMOVE XING SIGNS 100
ADDITIVES 63% 63
163 163
TOTALS 40788 36533 77321
OJ0465
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Civil Rights Exhibit
April, 1980
Schedule A
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 1373 , the
railroad company, for itself, its assignees and successors in interest
hereinafter referred to as the "Contractor, " agrees as follows :
1 . Compliance with Regulations . The Contractor will comply
with the Regulations of one Department of Transportation relative to
nondiscrimination in Federally-assisted programs of the Department of
Transportation (Title 49, Code of Federal Regulations , Part 21, her_in-
after referred to as the "Regulations") , which are herein incorporated
by reference and made a part of this contract. •
2. Nondiscrimination. The Contractor, with regard to the work
performed by it after award and prior to completion of the contract wor'
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 procurements 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.
3. Solicitations for Subcontracts , Including Procurement of
Materials and Ecuipmenc . In all solicitations eitner by competitive
bidding or negotiation made by the Contractor for work co be performed
under a subcontract, including procurements of materials or equipment,
each potential Subcontractor or supplier shall be notified by the
Contractor of the Contractor ' s obligations under this contract and
the Regulations relative to nondiscrimination on the ground of race,
color, sex, mental or physical handicap or national origin.
4. Information and Reports . The Contractor will provide all in-
formation and reports required by the Regulations , orders and in-
structions issued pursuant thereto, and will permit access to its
books , records, accounts, ocher sources of information, and its faci-
lities as may be determined by the State or the TWA to be pertinent
co ascertain compliance with such Regulations , orders and instructions.
Where any information required of the Contractor is in the exclusive
possession of another who fails or refuses to furnish this information.
the Contractor shall so certify co the State, or the FWA as appro-
priate, •and shall set forth what efforts have been made to obtain
the information.
5 . Sanctions for Noncompliance. In the event of the Contractor's
noncompliance with the nondiscrimination provisions of this contract,
the State shall impose such contract sanctions as it or the FHWA may
determine co be appropriate, including but not limited co:
• 890465
•
•
�s (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.
6 . Incorporation of Provisions . The Contractor will incluae
the provisions of Paragrapns 1 tnrough 6 in every subcontract, in-
cluding procurements of materials and leases of equipment, unless
exempt by the Regulations , order, 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 non-
compliance; provided, however, that, in the event the Contractor
becomes involved in, or is threatened with, litigation with a Sub-
contractor 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 addition , the Contractor may request
the FHWA to enter into such litigation to protect the interests of
the United States.
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