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<br /> That the party of the second part agrees to restore all areas disturbed during installation and maintenance to the satisfaction of the
<br /> Division Engineer of the party of the first part. The party of the second part agrees to exercise every reasonable precaution during
<br /> construction and maintenance to prevent eroding of soil;silting or pollution of rivers,streams, lakes, reservoirs, other water
<br /> impoundments,ground surfaces or other property; or pollution of the air. There shall be compliance with applicable rules and regulations
<br /> of the North Carolina Division of Environmental Management, North Carolina Sedimentation Control Commission, and with ordinances
<br /> and regulations of various counties, municipalities and other official agencies relating to pollution prevention and control. When any
<br /> installation or maintenance operation disturbs the ground surface and existing ground cover,the party of the second part agrees to
<br /> remove and replace the sod or otherwise reestablish the grass cover to meet the satisfaction of the Division Engineer of the party of the
<br /> first part.
<br /> That the party of the second part agrees to assume the actual cost of any inspection of the work considered to be necessary by the
<br /> Division Engineer of the party of the first part.
<br /> That the party of the second part agrees to have available at the construction site, at all times during construction, a copy of this
<br /> 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 unless
<br /> evidence of approval can be shown.
<br /> Provided the work contained in this agreement is being performed on a completed highway open to traffic;the party of the second part
<br /> agrees to give written notice to the Division Engineer of the party of the first part when all work contained herein has been completed.
<br /> Unless specifically requested by the party of the first part,written notice of completion of work on highway projects under construction will
<br /> not be required.
<br /> That in the case of noncompliance with the terms of this agreement by the party of the second part,the party of the first part reserves
<br /> the right to stop all work until the facility has been brought into compliance or removed from the right of way at no cost to the party of the
<br /> first part.
<br /> That it is agreed by both parties that this agreement shall become void if actual construction of the work contemplated herein is not
<br /> 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
<br /> second part from the party of the first part.
<br /> During the performance of this contract,the second party,for itself, its assignees and successors in interest(hereinafter referred to as
<br /> the"contractor"), agrees as follows:
<br /> a. Compliance with Regulations: The contractor shall comply with the Regulations relative to nondiscrimination in Federally-
<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 contractor,with regard to the work performed by it during the contract,shall not discriminate on the
<br /> grounds of race, color, or national origin in the selection and retention of subcontractors, including procurements of materials
<br /> and leases of equipment. The contractor shall not participate either directly or indirectly in the discrimination prohibited by
<br /> Section 21.5 of the Regulations, including employment practices when the contract covers a program set forth in Appendix B
<br /> of the Regulations.
<br /> c. Solicitations for Subcontracts, including Procurements of Materials and Equipment: In all solicitations either by competitive
<br /> bidding or negotiation made by the contractor for work to be performed under a subcontract, including procurements of
<br /> materials or leases of equipment,each potential subcontractor or supplier shall be notified by the contractor of the
<br /> contractor'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 contractor shall provide all information and reports required by the Regulations, or directives
<br /> issued pursuant thereto, and shall permit access to its books, records, accounts, other sources of information, and its
<br /> facilities 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 directives. Where any information required of a contractor is in the exclusive
<br /> possession of another who fails or refuses to furnish this information,the contractor 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. Sanctions for Noncompliance: In the event of the contractor's noncompliance with the nondiscrimination provisions of this
<br /> contract, the Department of Transportation shall impose such contract sanctions as it or the Federal Highway Administration
<br /> may determine to be appropriate, including, but not limited to,
<br /> (1) withholding of payments to the contractor under the contract until the contractor complies, and/or
<br /> (2) cancellation,termination or suspension of the contract, in whole or in part.
<br /> f. Incorporation of Provisions: The contractor shall include the provisions of paragraphs"a"through "f'in every subcontract,
<br /> including procurements of materials and leases of equipment, unless exempt by the Regulations, or directives issued
<br /> pursuant thereto. The contractor shall take such action with respect to any subcontract 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 /> litigation with a subcontractor or supplier as a result of such direction,the contractor may request the Department of
<br /> Transportation to enter into such litigation to protect the interests of the State, and, in addition,the contractor may request
<br /> the United States to enter into such litigation to protect the interests of the United 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.
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