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second part from the party of the first part.
<br />During the performance of this contrad, the second party, for Itself, its assignees and successors in interest (hereinafter referred to as
<br />the "contrador'), agrees as follows:
<br />a. Compliance with Regulations: The contrador shall comply with the Regulations relative to nondiscrimination in Federaliy-
<br />assisted programs of the U. S. Department of Transportation, Title 49, Code of Federal Regulations, Part 21, as they may be
<br />amended from time to time, (hereinafter referred to as the Regulations), which are herein incorporated by reference and
<br />made a part of this contract.
<br />b. Nondiscrimination: The contrador, with regard to the work performed by if during the contred, shall not discriminate on the
<br />grounds of race, color, or natonal origin in the seledlon and retention of subcontractors, induding procurements of materials
<br />and leases of equipment. The contrador shall not partidpate either diredly or indiredly in the discrimination prohibited by
<br />Section 21.5 of the Regulations, induding employment practices when the contrad covers a program set forth in Appendix B
<br />of the Regulations.
<br />c. Solicitations for Sutxbntrads. including Proc~ rements of Materials ann Fn. iinmwnr• In all solidtatlons either by competitive
<br />bidding or negotiation made by the contractor for work to be performed under a subcontrad, including procurements of
<br />materials or leases of equipment, each potential subcontractor or supplier shall be notified by the contractor of the
<br />contrador's obligations under this contract and the Regulations relative to nondiscrimination on the grounds of race, color,
<br />or national origin.
<br />d. 'Information and Reports: The contrador shall provide all information and reports required by the Regulations, or dlredives
<br />issued pursuant thereto, and shall permit acxess to its books, records, accounts, other sources of Infortnatlon, and its
<br />fadlities as may be determined by the Department of Transportation or the Federal Highway Administration to be pertinent to
<br />ascertain compliance with such Regulations or diredives. Where any information required of a contractor is in the exdusive
<br />possession of another who falls or refuses to famish this Intortnatlon, the coritrador shall so certify to the Department of
<br />Transportation, or the Federal Highway Administration as appropriate, and shall set forth what efforts it has made to obtain
<br />the information.
<br />e. Sandions for Norabmolianoe: In the event of the contractor's noncompliance with the nondiscrimination provisions of this
<br />centred, the Department of Transportation shall Impose such corttrad sanctions as it or the Federal Highway Administration
<br />may determine to be approprtate, induding, but not limited to,
<br />(1) wfthhdding of payments to the contrador under the oontrad until the contrador complies, and/or
<br />(2) cancellation, termination or suspension of the contrad, in whole or in part.
<br />f. Incorporation of Provislory~: The oontrador shall indude the provisions of paragraphs "a° through "P in every subcontrad,
<br />induding procurements of materials and leases of equipment, unless exempt by the Regulations, or diredives Issued
<br />pursuant thereto. The contrador shall take such adion with rasped to any subcontrad or procurement as the Department
<br />of Transportation or the Federal Highway Administration may direct as a means of enforcing such provisions including
<br />sanctions for noncompliance: Provided, however, that, in the event a contractor becomes involved in, or is threatened with,
<br />Ift(gation with a subcontrador or supplier as a result of such direction, the centrador may request the Department of
<br />Transportation to enter into such litigatron to protect the Interests of the State, and, in addition, the contredor may request
<br />the United States to enter into such litigation to prated the interests of the tinted States.
<br />That when title to the subject that constitutes the aforesaid encroachment passes from the party of the second
<br />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
<br />perform all obligations as agreed to herein by the party of the second part.
<br />RiW (166) :Party of the Second Part certifies that this agreement is true and accurate copy of the form
<br />R/W (166) incorporating all revisions to date.
<br />IN WITNESS WHEREOF, each of the parties to this agreement has caused the same to be executed the day and
<br />year first above written.
<br />DEPARTMENT OF TRANSPORTATION
<br />BY:
<br />DIVISION ENGINEER
<br />WITNESS:
<br />Orange County, North Carolina
<br />Chair to The Board of Commissioners
<br />Second Party
<br />WITNESS:
<br />
<br />
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