HomeMy WebLinkAboutAgenda - 03-08-1993 - III-E 1
O R A N G E C 0 U N T Y
BOARD OF COMMISSIONERS
ACTION AGENDA ITEM ABSTRACT
Meeting Date: March 8 , 1993
Action Agenda
Item #
SUBJECT: Hancor sewer expansion three-
party encroachment agreement
DEPARTMENT: County Manager PUBLIC HEARING: Yes x No
ATTACHMENT(S ) : INFORMATION CONTACT:
Three-party Encroachment County Engineer - ext. 2300
Agreement
TELEPHONE NUMBERS:
Hillsborough - 732-8181
Durham - 688-7331
Mebane - 227-2031
Chapel Hill - 967-9251/968-4501
PURPOSE: For the Board to give final approval to a three-party
encroachment agreement among NCDOT, Hancor, and Orange County
as required to allow Hancor to have constructed, within the US
Highway 70 right-of-way, the sanitary sewer force main between
its plant and the Efland sewer system.
BACKGROUND: At its November 2 , 1992 meeting the BOCC agreed, in
principle , to allow Hancor to build a sewer pump station
and force main connecting its expanded manufacturing
facility west of Efland to the County ' s sewer system
serving Efland. The BOCC also specifically agreed, in
principle , to accept ownership of the portion of the
force main within the Hwy 70 right-of-way and , with NCDOT
and Hancor, to enter into a three-party encroachment
agreement signifying the County' s ownership. This
agreement is a standard contract required by NCDOT in its
process to allow utility construction by non-governmental
entities within highway rights-of-way. In the agreement,
the party of the first part, NCDOT , allows Hancor, the
party of the second part, to construct the force main
within the right-of-way if Hancor agrees to insure that
its construction practices meet NCDOT requirements and if
Orange County, the party of the third part, agrees to
accept ownership of and maintenance responsibility for the
section of the force main lying within the right-of-way.
Hancor is currently proceeding with construction of its
Plant expansion and has recently awarded a contract for
the construction of the pump station and force main. The
County' s execution of the three-party encroachment
agreement is a timely and necessary step in the effort to
complete the project.
2
RECOMMENDATION: The Manager recommends that the Board authorize the
Chair to sign and execute the three-party encroachment
agreement.
STATE OF NORTH CAROLINA
ROUTE U.S. Highway 70 PROJECT Hancor_.Sewer Extension COUNTY OF Orange 3
DEPARTMENT OF TRANSPORTATION THREE PARTY RIGHT OF WAY
-AND- ENCROACHMENT AGREEMENT ON
Hancor,- Inc. PRIMARY AND SECONDARY SYSTEH
P.O. Box 1047, Findlay,_ OH 45839
-AND-
Orange County
THIS AGREEMENT, made and entered into this the 10thday of February i993,
by and between the Department of Transportation, party of the first part; and
Hancor, Inc. party of
second part; and Orange County
party of the third part,
'WITNESSETH:
THAT WHEREAS, the party of the second part desires to encroach on the right of
way of the public road designated as Route U.S. Highway 70, located
0.5 miles east of SR 1114
with the construction and or erection of sans ary sewer main as sown on the
attached plans
WHEREAS, it is to the material advantage of the party of the second part to effect
this encroachment, and the party of the first part, in the exercise of authority con-
ferred upon it by statute, is witting to permit the encroachment within the limits of
the right of way as indicated, subject to the conditions of this agreement;
NOW, THEREFORE, IT IS AGREED that the party of the first part hereby grants to
the party-of the second part the right and privilege to make this encroachment as
shown on attached plan sheet (s), specifications, and special provisions which are
made a part hereof upon the following conditions, to wit:
That the installation, operation, and saintenence of the above described facility will be accomplished in ►e•
RIGHTS-■ with the party of the first pert ■ latent POLICIES AND PROCEDURES FOR ACCOMODATINC UTILITIES ON HIC1fifAY
RIGHTS-OF-WAY, and such revisions end amendment■ thereto ns may n • ee a e • o • egreemen n-
orme on as to thus pollt.a end procedures may be obtained from the Dlvislon Engineer or State Utility Agent of
the party of the fist part. ,
That to said party of the second part binds and obligates himself to install and maintain the encroaching
facility Sn such safe and proper eonditlon that it will not interfere with or endanger travel upon raid highway, nor
obstruct nor interfere with the proper maintenance thereof, to reimburse the party of the first part for the cost
incurred for any repe lre or maintenance to its roadways and structures necessary due to the in anQ ez-
require of the tvallitl■e of the party of the aacond part, and it at any time the party of the first part shall
require the removal of or changes in the Location of the said facilities, that the ■e!d petty of the second pert
hind■ himself, his successors with and assigns, to promptly remove or niter the said facilities, in order to conform
to the said requirement, without any cost to the party of the first part.
That the party of the second part agrees to
signs signal lights, flagmen and other warning devicesefor zthe protection vofatraffic insconformancetwithetherlatest
Manuel on Uniform Tref !c Control Devices for streets and Hi hoe s and Amendments or Supplements thereto. Infoi-
ma on es o e a ve
rules en rage a ions may o e ne tom the Division Engineer of the party of the first
part.
That the party of the second part hereby agree to indemnity and save harmlus the party of the first part
Iron all damages and claims for damage that may arise by reason of the installation and maintenance of this en-
croachment.
That th'a party of the second part Engineer to restore all dress disturbed during installation and maintenance
to the antistaction of the Division Engineer of the party of the first part. The party of the second
"4o exercise every reasonable precaution during construction and maintenance to QQ
pollution of rivers, strseme, lakes reservoirs, other venter impoundments, prevent eroding of *oil silting or
pollution of the air. There shall is compliance with applicable rules end ragulatlonsaofstor North property; or
Division of Environmental counties, North Carolina Sedimentation Control Commission, and with ordinances and
controllonxhen anylinstal ation�or nicipalitiesoperntlOther dofficial tagencies surface and the ezistin
g e pollution prevention and
the Adtiafection of the Part
ivision Engineermofethed replace the sod or otherwise reestablish the grass covernt cmeet�
Party of the first part.
That the party of the second part agree to arsume the actual east of any inspection of
be necessary by the Division Engineer of the party of the first part. the work considered to
That the party of the second pert agree evi
truction, a copy of this agreement showing to dence have available of approval at by the th construction site, at all times during con.
s party of the first part. The party of the
first part reserve* the right to stop all work unless evidence of approe val can be shown.
Provided the work contained in this agreement is being parfarmed on a completed highway open to traffic; the
Party of the ♦acond part agrees to gars written notice to the Division Engineer of the party of the first part
when all work contained herein has been completed. Unloa •Pacifically requested by the party of the first part,
written notice of completion of work on highway projects under construction will not be required.
FORM R/W 16.6
Rev. July i . 1977
That in the case of noneottpllanee With the terms of this agreement by the party of the second part, the party
of the first part reserves the right to step all work until the facility has been brought Into compliance or re-
moved from the right of way at no cost to the pasty of the first part. 4
That it is agreed by both parties that this agreement shall become void St actual construction of !h• Work
contes vritt+newivereisosecui d by the partylofythe secondhpartfrom the partytofnthe fit tnPart- the first part
During the performance of this contract the ae,ond party, for itself, its nssfgna+• end suecusora in interest
(hat•inafter refsrr+d to as the 'contractor"5, agrees as follow@:
•� .o onilnCee with
eta Ry-asstsoeslprograms contractor U. S. D•partme nt with oftTranspo rtation,rTltlevl9toCodedofcfederal
Part 21 04
herein in shall time to
&adelaepnrteofithlreeontraeL d to as the Regula-
b. Nondiscrimination: The contractor, with regard to the work performed by it during the contract, shall not
act • na a on • grounds of race, color, or national origin in the selection and retention of subcon•
tractors, including procurements of materials and leases of equipment. The contractor shall not Partiel-
pate either directly or indirectly in the discrimination prohibited by Section 21.5 of the Regulations,
including employment practices when the contract coyars a program set forth in Appendix: B of the Regulations.
c. Solic tat on■ for S ontracts Includin •Procurements oofci�etrncaor aoz wort manta performed undsraeloub-
• er y comp+ y• nq or ;ego a on ma • y
con tract, including procurement& of materials or leases of equipment, each potential subcontractor or
notified the contractor's
of race,ocolor, this and the
/. Inlormation and &@parts: The contractor shall prov{de all Inlormaclon and reports required by the Acgulacions, or directives
;isued port.!;, thereto, and shall permit access to Its books, records, accounts, other sources of Information, and Its facllitl's
as may be determined by the Departmant of Transportation or the Federal Highway Administration to be pertinent to ascertain eompllanu
with such Aeguiations or directives. Vhero any Infor"tlon required of a contractor is In the exclusive possession of another
who falls or ref.s's to furnish this Information, the contractor shall so certify to the Department of Transportation, or the Federal
Highway Administration at sppmoriats, and shalt set forth what effort% It has made to obtain the Information,
e. Lnetlont for Noncan Itancr, In the 'vent of the contractor's noncompliance with the nondlscrlminat{on provisions of this contact
ih' apartment o ransportation shalt Impose such contract sanctions as It or the-Federal Highway Administrat'ton may determine to
be appropriate, Including, but not limited to,
(1) withholding of payments to the contractor under the contract until the contractor complies, and/or
(1) cancellation, termination or suspension of the contract, in whole or in part.
Isionft The f. inc tad age pros urement$ or contractor
lsaseshofl h prOvIsJoAs of paragraphs
equipment, unless exempt by theitegulatlonsthrough,or every subcontract,
directives Issued pursuant
thereto. The contractor shall take such action with respect to any subcontract or procurement at the Department of Tran,portation
or the Federal Highway Administration may direct as a means of enforcing such provisions Including sanctions for noncompliance:
Provided, however, that, In the avant a contractor becomes Involved In, or Is threatened with, litigation with a subcontractor or
supplier &% a result of such direction, the conractor may request the Department of Transportation to enter Into such litigation to
pro tact the interests of the State, and, in addition, the contractor my request the United States to enter Into such Ilti gat'on
to protect the interests of the United States.
That when title to the subject that constitutes the aforesaid encroachment
passes from the party of the second part and vests in the party of the third part,
the party of the third part agrees to assume all responsibilities and rights and
to perform all obligations as agreed to herein by the party of the second part.
IN WITNESS WHEREOF, each of the parties to this agreement has caused the same
to be executed in the day and year first above written.
DEPARTMENT OF TRANSPORTATION
BY:
DIVISION ENGINEER
WITNESS:
! (Signature)
Matthew C. Ankrom A rhric frnct
(Typed Nafr>?)
Project Engineer VP of FnainPpring,, g g. n
(Title)
Rancor Inc.
Rancor, Inc.
Second Party
WITNESS:
'Signature
(Typed Naffe)
(Title)
Orange County
Third Party
yd
.�.lT:. "
PHILIP POST
�,,,,• ASSOCIATES, INC.
RECEIVED
STATE OF NORTH CAROLINA"'"
DEPARTMENT OF TRANSPORTATION
JAMES B.HUNT.)R DIVISION OF HIGHWAYS cryYTC7,TniA UNT
GOVERNOR & t
P . O . Box 14996 "b
Greensboro, NC 27415-4996
March 2 , 1993 P.��-.rte
Orange County
Subject : Encroachment Agreement - Hancor , Inc .
Installation of a 2" Sanitary Sewer (SDR-21 ) along
and across US 70
Mr . A. Chris Ernst
Vice President of Engineering
Hancor , Inc .
P . 0 . Box 1047
Findlay, Ohio 45839
Dear Mr . Ernst :
Attached is Right of Way Encroachment Agreement which has
been properly executed.
The Department of Transportation does not guarantee the right
of way on this road, nor will it be responsible for any claim
for damages brought by any property owner by reason of the
installation.
Approval is given subject to posting a $5 , 000 . 00 Performance
and Indemnity Bond with the Department of Transportation.
All signing shall be in conformance with the Manual on
Uniform Traffic Control Devices .
All disturbed areas shall be repaired with the following
rates of seed, fertilizer , and limestone in pounds per acre ,
and the areas properly mulched and tacked:
25# Reliant Hard Fescue
100# Alta or Ky. 31 Tall Fescue
25# Kenblue Ky. Bluegrass
1000# 5-10-10 Fertilizer
4000# Limestone
pc rr - 2
1
Mr . A. Chris Ernst
Hancor , Inc .
March 2 , 1993
Page Two
It will be necessary for you or your contractor to notify
Mr . Mike Venable , Assistant District Engineer , upon .receipt
of this letter to schedule any necessary Preconstruction
Conference , to provide your anticipated date of starting, or
to review any plan revisions made by the District Office
prior to construction beginning on this encroachment .
Mr . Venable can be reached at ( 919 ) 570-6833 between the
hours of 8 : 00 a.m. and 5 : 00 p. m. , Monday through Friday.
When the work has been completed please notify Mr . Venable
by letter at P . O . Box 766 , Graham, NC 27253-0766 in order
that a final inspection can be made .
Sincerely,
p4V/14---
. W. Watkins
DIVISION ENGINEER
JWW/JMMjgm
Atta.
cc : Mr . A. D . Allison, II
Mr , T . J . Dyer •
P1 Post & Associates
STATE OF NORTH CAROLINA
ROUTE U.S. Highway 70' PROJECT HancaC.Sewer Extension COUNTY OF Orange
DEPARTMENT OF TRANSPORTATION THREE PARTY RIGHT OF WAY
•
-AND- ENCROACHMENT AGREEMENT ON
Hancor,• Inc. PRIMARY AND SECONDARY SYSTEM-7 t
- P.O. Box 1047, Findlay, OH 45839
-AND- ,
Orange County
P.O. Box 8181
Hillsborough, NC 27278 ••
THIS AGREEMENT, made and entered into this the lOthday of February l9y ,
by and between the Department of Transportation, party of the first part; and
Rancor, Inc. partyrty 1 e
second part; and . Orar e County
party of the third part,
4.
'WI TNE' SSETH:
THAT WHEREAS, the party of the second part desires to encroach on the right of
way of the public road designated as Route U.S. Highway 70, located
0.5 miles east of SR 1114
with the construction and/or ere Lion of sanitary sewer main as Slown ,on the
attached plans 6-527,C- Z/)
WHEREAS, it is to the material advantage of the party of the second part to effect
this encroachment, and the party of the first part, in the exercise of authority con-
ferred upon it by statute, is willing to permit the encroachment within the limits of
the right of way as indicated, subject to the conditions of this agreement;
•
NOW, THEREFORE, IT IS AGREED that the party of the first part hereby grants to
the party of the second part the right and privilege to'make this encroachment as
shown on attached plan sheet (s), specifications, and special provisions which are
made a part hereof upon the following conditions, to wit:
That the installation, operation, and maintenance of the above described facility will be eecom li.hed in cc-
, =-.:.. cordance with the party of the first part's latest POLICIES AND PROCEDURES FOR ACCOMODAT1NG UTILITIES ON HIGHWAY
RIGHTS-0F.wAY, and such revisions and amendments thereto as may be in effect at the date of this agreement. in-
formation as to these policies and procedures may be obtained from the Division Engineer or State Utility Agent of
the party of the first pert.
That the said party of the second part binds and obligates himself to install and maintain the encroaching
facility in such safe and proper condition that It will not interfere with or endanger travel upon said highway, nor
obstruct nor interfere with the proper maintenance thereof, to reimburse the party of the first part for the cost
Incurred for any repairs or maintenance to its roadways and structure■ necessary due to the installation and es-
lstence of the facilities of the party of the second part, and if at any time the
party
require the removal of or changes in the location of the said facilities that thesai e first
partyofthe se shall
second part
binds hlmeslf, his successors and assigns, to promptly remove or alter ti,e said facilities, in order to conform
to the said requirement, without any cost to the party of the first part.
That the party of the second part agrees to provide during construction and any eubsequent maintenance proper
sign■, signal lights, flagmen and other warning devices for the protection of traffic in conformance with the latest
Manual on Uniform Traffic Control Devices for Street, and Highways and Amendment. or Supplements thereto, Infer-
- nation as to the above rules and regulations may be obtained from the Division Engineer of the party of the first
part.
That the party of the second part hereby agrees to indemnify and rave harmless the party of the first part
fro• all damages and claims for damage that may arise by reason of the installation and maintenance of this en.
croachment.
That the party of the Second part agrees to restore all areas disturbed during installation and maintenance
to the satisfaction of the Division Engineer of the party of the first part. The party of the second part•agrees
to exercise every reasonable precaution during construction and maintenance to prevent eroding of soil; milting or
pollution of rivers, streams, lakes reservoirs, other water impoundments, round pollution of the air. There shall 6e be with applicable rules and regullationsaofsthe North Carolina' or
Division of Environmental Management, North Carolina Sedimentation Control Commission, and with ordinance■ and
regulations anylinstallation,or maaintenancesoperationrdisturbsltheagroundrsurface and theuexistingvground cover,
the party of the second part agrees to remove and replace the sod or otherwise reestablish the grass cover to most
the satisfaction of the Division Engineer of the pasty of the first part.
That the party of the second part agree. to esmume the actual cost of any inspection\of the work considered to
be necessary by the Division Engineer of the party of the first part.
That the party of the second part agrees to have available at the construction site, at all times during con-
-- '-'.:: -.. struction, a copy of this agreement showing evidence of approval by the party of the first part. The party of the
first part reserves the right to stop all work unions evidence of approval can be shown.
Provided the work contained in this agreement is being performed on a completed highway ope to traffic; the
party of the second part agrees to give written notice to the Division Engineer of the party of t e first part
when all work contained herein has been completed. Unless specifically requested by the party of he first part,
written notice of completion of work on highway projects under construction will not be required.
FORM R/W 16.6
Rev. July 1 , 1977
•
•
That in the case'of noncompliance with the terms of this agreement by the part' of the second art, the party
of the first part the right to stop all work until the facility has been brought into compliance or re-
moved froa the right of way at no cost to the party of the first port. W
That it is agreed by both parties' that this agreement shall become void if actual construction of the work
contemplated herein is not begun within one (1) year from the date of authorization by the party of the first part
unless written waiver is secured by the party of the second part from the party of the first part.
During the performance of this contract the ■etond party, for itself, its algnee@ and successor■ in interest
a
(hereinafter referred to the "contractor"), a
, agrees as follows:
a: Compliance with Regulations: The contractor shall comply with the Regulations relative to nondiscrimin-
etion in Federally-aaiated program■ of the U. S. Department of Transportation, Title 49, Code of Federal
Regulation., Part 21, as they may be amended from time to time, (hereinafter referred to as the Regula-
tions), which are herein incorporated by reference and made a part of this contract.
b, Nondiecriminatione The contractor, with regard to the work performed by it during the contract, shall not
discriminate on the grounds of race, color, or national origin in the election and retention of subcon-
tractors, including procurements of materials and lease, of equipment. The contractor shall not partici-
pate 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 a of the Regulations.
c. Solicitations for Subcontract., Tncludirg.Procurements of Materials and EWlpment: In all solicitations
either by competitive bidding or negotiation made by the contractor for work to be performed under a sub-
contract, including procurements of materials or leases of 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 nondiscrimination on the grounds of race, color, or national origin. '
d. Information and Repnrts: The contractor shall provide all information and reports required by the Regulations, or directives
issued pursuant thereto, and shall permit access to Its books, records, accounts, other seuree. of Information, and Its tecllities
as may be determined by the Department of Transportation or the federal Highway Administration to be pertinent to ascertain compliance
with such Regulations or directives. where any Information required of • contractor Is in the esclusive po ion of another
who laths or refuses to furnish this Information, the contractor shall so certify to the Department of Transportation, or the federal
Ntghwey Administration as apprt,prtate, and shall sat forth what efforts It has made to obtain the Information.
C. Sanctions for tionccmpilance: In the event of the contractor's noncompliance with the nondiscrimination provisions of this contract
the Department of Transportation shall Impose such contract sanctions as It or the'federal Highway Adminisaratlon may determine tp
be approprlett, Including, but not limited to.
(1) withholding of payment, to the contractor under the contract until the contractor complies, and/or
(r) cancellation, termination or suspension of the contract, In whole or In part.
f. Incorporation of Provisions: The contractor shall include the provisions of paragraphs "a" through "f" in every subcontract,
including procurements of materials and leases of equipment, unless exempt by the Regulations, or directives issued pursuant
thereto. The contractor shall take such action with respect to any subcontract or procurement as the Department of Transportation
Provided, however, thatl,aInn r for noncompliance:
the event a contractors becomes sInvolved rin. oruIs threatened with,dlitigationowith a subcontractor or
supplier as a result of such direction, the corrector may request the Department of Transportation to enter Into such lltigstlen to -. .
protect the Interests of the State, and, in addition, the contractor may request the United States to enter Into such litigation
to protect the Interests of the United States,
That When title to the subject that constitutes the aforesaid encroachment
passes from the party of the second part and vests in the party of the third part,
the party of the third part agrees to assume all responsibilities and rights and
to perform all obligations as agreed to herein by the party of the second part.
IN WITNESS WHEREOF, each of'the parties to this agreement has caused the same
.': "„::::1--.,,..--":1,11-'1 ........
to be executed in the day and year first above written.
DEPARTMENT OF TRANSPORTATION
BY: ri-
WITNESS: /DIVISION ENGINEER OP
.21..(7. 7./4% -'1 ./7"
M thew C. Ankrom A. Chris Ernst r(Signature)
'._ :r.:',..':. -:'
Project Engineer VP of Engineering, 'R o pT Nara)
Hancor Inc Rancor, Inc. (Title)
Second Party
WITNESS:
1 •
/
■ 1 e/1:'' re
Moses Carey
Chairman, Orange Co. Commissloneras)
(Title)
Orange County ,
Third Party
•
STATE OF NORTH CAROLINA
ROUTE U.S. Highway 70 " "PROJECT Hancnr.. Sewer Extension COUNTY OF Orange
DEPARTMENT OF TRANSPORTATION THREE PARTY RIGHT OF WAY
-AND- ENCROACHMENT AGREEMENT ON ,
f
Hancor,• Inc. PRIMARY AND SECONDARY SYSTEM
P.O. Box 1047, Findlay, OH 45839
-AND-
Orange County
P.O. Box $181
Hillsborough, NC 27278
THIS AGREEMENT , made and entered into this the lOthday of February
by and between the Department of Transportation, party of the first part; and
Hancor, Inc. party of the
second part ; and Orange County
party of the third part ,
'WI TN E' S S ET H:
•
THAT WHEREAS , the party of the second part desires to encroach on the right of
way of the public road designated as Route U.S. Highway 70, located
0.5 miles east of SR 1114
with the construction and/or ere tion of sanitary sewer main as flown on the
attached plans CSc),e- Z/ )
WHEREAS , it is to the material advantage of the party of the second part to effect
this encroachment , and the party of the first part , in the exercise of authority con-
ferred upon it by statute, is willing to permit the encroachment within the limits of
the right of way as indicated, subject to the conditions of this agreement ;
NOW, THEREFORE , IT IS AGREED that the party of the first part hereby grants to
the party of the second part the right and privilege to make this encroachment as
shown on attached plan sheet (s) , specifications , and special provisions which are
made a part hereof upon the following conditions , to wit :
That the installation, operation, and maintenance of the above described facility will be accomplished in ac-
cordance with the party of the Met part'. latest POLICIES AND PROCEDURES FOR ACCOMODATING UTILITIES ON HIGHWAY
RIGHTS-OF-WAY. and such revisions and amendments thereto as may be in effect at the date of this eq t. In-
formation as to these policies and procedures limy be obtained from the Division Engineer or State Utility Ament mi
the party of the first part.
That the said party of the second n•=► L' -
facility in such ._,-
Alaed
�uno3 a upa0
(ailil)
saauoissIwwog *op a ueu0 `ueulatPuO
(a[N pal)
aae0 sasow
OrK
:SS3NIIM
That in the case of noncompliance with the terms of this agreement by the part,the first pert r•eervae the right to stop all work until the facility has beenrbroughthInto ccomplianeetor party
moved from the right of way at no cost to the party of the first part.
That it is agreed by both parties that this agreement shall become void if actual construction of the work
contemplated herein is not begun within one (1) year from the date of authorization by the party of the first part
unless written waiver i• secured by the party of the second part from the party of the first part.
During the performance of this contract the second party, for itself, its assignees and successors in interest
(hereinaft•r referred to as the "contractor"), agrees as follows;
a. Compliance with Regulations; The contractor shall comply with the Regulations relative to nondiscrimin-
ation in tederaily-assist•d programs of the U. S. Department of Transportation, Title 49, Code of Federal
Regulations, Part 21, as they may be amended from time to time, (hereinafter referred to as the Regula-
tions), which are herein incorporated by reference and made a part of this contract.
b. Nondiscrimination: The contractor, with regard to the work performed by it during the contract, shell not
discriminate on the grounds of race, color, or national origin in the selection and retention of subcon-
tractors, including procurements of materials and leases of equipment. The contractor shall not partici.
pate 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 13 of the Regulations.
c. Solicitations for Subcontracts, Including.Procurement, of Materials and Eaui meet; In all solicitations
either by competitive bidding or negotiation made by the contractor for work to be performed under a sub-
contract, including procurements of materials or leases of 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 grounds of race, color, or national origin.
d. Information and Reports: The contractor shall provide all Information and reports required by the Regulations, or directives
Issued pursuant thereto, and shall permit access to Its books, records, accounts, other sources of Information, and Its facilities
as may be determined by the Department of Transportation or the federal Highway Administration to be pertinent to ascertain compliance
with such Regulations or directives. Where any information required of a contractor Is in the exclusive po ion of another
who falls or refuses to furnish this Information, the contractor shall so certify to the Department of Transportation, or the Federal
Highway Administration as sppri'priate, and shall set forth what efforts It has made to obtain the information.
e. Sanctions for Noncompliance; in the event of the contractor's noncompliance with the nondiscrimination provisions of this contract
the Department of Transportation shall Impose such contract sanctions as It or the•federal Highway Administration may determine to
be appropriate, including, but not limited to,
(I) withholding of payments to the contractor under the contract until the contractor complies, and/or
(1) cancellation, termination or suspension of the contract, in whole or in part.
P. incorporation of Provislonit The contractor shall include the provisions of paragraphs "a" through "f" in every subcontract,
• Including procurements of materials and 1 of equipment, unless exempt by the Regulations, or directives issued pursuant
thereto. The Contractor shall take such action with respect to any subcontract or procurement as the Department of Transportation
or the Federal Highway Administration may direct as a means of enforcing such provisions including sanctions for noncompliance;
Provided, however, that, In the event a contractor becomes Involved in, or is threatened with, litigation with a subcontractor or
supplier as a result of such direction, the conractor may request the Department of Transportation to enter into such litigation to
protect the Interests of the State, and, in addition, the contractor may request the United States to enter Into such litigation
to protect the interests of the United States.
That when title to the subject that constitutes the aforesaid encroachment
passes from the party of the second part and vests in the party of the third part,
the party of the third part agrees to assume all responsibilities and rights and
to perform all obligations as agreed to herein by the party of the second part.
•
IN WITNESS WHEREOF, each of •the parties to this agreement has caused the same
to be executed in the day and year first above written.
DEPARTMENT OF TRANSPORTATION
• BY:
WITNESS : DIVISION ENGINEER
}
7_4.6% r /i
Irr"
v `
M thew C. Ankrom A. Chris Ernst (Signature)
Project Engineer " VP of Engineering, R & DTI Name)
Hancor Inc. Hancor, Inc. (Title)
Second Party