R2001-233 AUTHORIZING AGREEMENT - Laserfiche WebLink

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' r 7 Z2_'� � GENERAL PROVISIONS FOR U�ADJUSTMENT AGREEMENTS . ' ' • ' ( Th;s utility adjustment shall be pe�fortned with Federal-Aid Policy Guide Part 645Aissued by the United states Department of Trensportation p�era�Highway Administretion on December 9,1991. �. In the event this adjustment is caused by the construction of the National System of Interstate and Defense Highways or ' Supplemental Freeway System,it is understood that the utility at no time wiil perform any nortnal maintenance on the utility facilities I n s ar shoulders of the interstate or Su lemental Freewa Route or an ram s or shoulders leadin rom the through t2�c a e pP y y p g f thereto. Proper maintenance procedures to be used in cases of emergency are to be obtained(rom the District Engineer of the State I De artment of transportation. P 2. In the event any of this utility adjustment work is performed by other than company forces,the requirements of the Prevailing Wage Act approved June 25,1941 and alt amendments thereto shall prevaii. 3. In the event the utility company does not pe�Fortn the reiocation work with its own forces,i.e.,where the utiiity company enters into a cantract or agreement with the construction Contractor,or simiiar party,to perfortn such relocation work,the utilily company shall include the clauses which foliow and is made a part of this agreement in its contrad,or agreement,with the Contractor. Appendix A requires that the utility company will not discriminate,in its choice of Contractor and that its Contractor will not discriminate in the choice of subcontractors,including procurement of materials and leases of equipment. MINORITY BUSINESS ENTERPRISE POLICY It is the policy of the U.S.Department of Transportation that minority business enterprises,as defined in 49 CFR Part 23,shall have the maximum opportunity to participate in the perfortnance of contracts financed in whole or in part with Federal funds. Consequently,the MBE requirements of 49 CFR Part 23 apply to this agreement. The u6lity company agrees to ensure that minority business enterprises,as defined in 49 CFR Part 23,have the maximum opportunity to partidpate in the performance of the worlc contained in this agreement In this regard,the utiiity company shall take all necessary and reasonable steps,in accordance with 49 CFR Pa�t 23,to e�sure that minority business enterprises have the maximum opportunity to compete for and perfortn portions of the work contained in the agreement. Any Contrador utilized by the uGiity company shall not disuiminate on the basis of 2ce,color,national origin,or sex in the selection and retention of subcontractors,inGuding procurement of materials and leases of equipmenL The ConUactor shall indude the provisions of this Special Provision in every subcontract,inciuding procurement o(materials and leases of equipment. Failure to carry out the requirements set forth above shall constitute a breach of agreement and may result in tertnination of the agreement or such remedy as deemed appropriate. NOTICE TO CONTRACTORS COPMPLIANCE WITH THE TITLE VI OF THE C�VIL RIGHTS ACT OF 1964 FOR FEDERAL-AIO CONTRACTS APPENDIX A During the perfortnance of this contrad,the Contractor,for itself,its assignees and successors in interest(hereinafter referred to as the 'ContractoP),agrees as foilows: 1. Compliance and Regulation: The Contractor wiil comply with the Regulations of the U.S.Department of Transportation relative to nondiscriminatio�in Federally-assisted programs of the U.S.Department of Transportation(Ttle 49,Code of Federal RegulaGons, Part 21,hereinafter referred to as the Regulations),which are herein incorporated by reference and made a part of this contract. 2. NondiscriminaGon: The Contractor,with regard to the work perfortned by it,after award and prior to completion of the contract work, will not discriminate on the grounds of race,color,na6onal origin in the selection and retention of subcontractors,inGuding procurements of materials and leases of equipment The ConUactor will not participate either direcUy or indirectly in the discrimination prohibited by Section 21.5 of the Regulations,including employment practices when the contract covers a program set farth in Appendix B of the RegulaGons. 3. SolicitaGons of Subcontracts,InGuding Procurements of Materials and Equipment: In all soliataGons,either by competitive bidding or negoGation made by the Cont2ctor for work to be performed under a subcontract,including procurements of materials or equipment, each potential subcontractor or supplier shall be notified by the ConUactor of the Contractors obligations under this conVact and the Regulatio�s relative to nondiscrimination on the grounds of race,color or national origin. 4. InfortnaGon and Reports: The Contractor will provide all infortnaGon 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 infortnaHon,and its facilities as may be detertnined by the State Department of Transportation or the Federal Highways Administration to be pertinent to asceRain compliance with such Regulations,orders and instructions. Where any infortnation required of a Contrador is in the exGusive possession of another who fails or refuses to fumish this infortnation,the Contractor shall so certify to the State DepaRment of Transportation or the Federal Highway Administration,as appropriate,and shall set forth what efforts it has made to obtain the infortnatlon. 5. Sanction for Non-compliance: In the event of the Contractor's non�ompliance with the nondiscrimination provisions of this conUact, the State Department of Transportation shall impose such contract sanctions as it or the federal Highway AdminisVation may determine to be appropriate,including,but not limited to, a. Withholding of payments to the Contractor u�der the conUad untll the ConUactor complies,and/or b. Cancellation,tertnination or suspension of the contract,in whole or in part. 6. Incorporation of Provisions: The Contractor will include the provisions af paragraph 1 through 8 in every subcontract,including procurements of materials and leases of equipment,unless exempt by the Regulations,order,or instructlons issued pursuant thereto. The Contractor will take such action with respect to any subcontract or prxurement as the State Department of transportation or the Federal Highway Administration may direct as a means of enforcing such provisions,including sanctions for non-compliance: Provided,however,that,in the event a Contractar becomes involved in,or is threatened with,IiGgaGon with a subcontractor or supplier as a result ot such direction,the Contractor may request the state to enter into such IiGgation to protect the interests of the State,and,in addition,the Contractor may request the United States to enter into such IiGgation to protect the interests of the United States.