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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 the
<br />"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 made a
<br />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 and
<br />leases of equipment. The contractor shall not participate either directly or indirectly in the discrimination prohitin~ 8 of theon
<br />21.5 of the Regulations, including employment practices when the contract covers a program sat forth in Appe
<br />Regulations.
<br />a 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 materials
<br />or leases of equipment, each potential subcontractor or supplier shall be notified by the contraMor of the contractor's obligations
<br />under this contract and the Regulations relative to nondiscrimination on the grounds of race, color, 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 frrcilities
<br />as may be determined by the Department of Transportation or the Federal Highway Administration to be pertinent to ascertain
<br />compliance with such Regulations or directives. Where any information required o(a contractor is in the exclusive possession of
<br />another who fails or refuses to furnish this information, the contractor shall so certify to the Department of Transportation, or the
<br />Federal Highway Administration as appropriate, and shall set forth what efforts it has made to obtain the information.
<br />e. Sanctions for Noncompliance: In the event of the contractor s noncompliance wRh the nondiscrimination provisions of this
<br />contract, the Department of Transportation shall impose such contract sanctions as it or the Federal Highway Administration may
<br />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 oxempt by the Regulations, or directives issued pursuant
<br />thereto. The contractor shall take such action with respect to any subcontract or procurement as the Department of
<br />Transportation or the Federal Highway Administration may direct as a means of enforcing such provisions including sanctions for
<br />noncompliance: Provided, however, that, in the event a contractor becomes involved in, or is threatened with, litigation with a
<br />subcontractor or supplier as a result of such direction, the contractor may request the Department of Transportation to enter into
<br />such litigation to protect the interests of the State, and, in addition, the contractor may request the United States to enter into
<br />such litigation to protect the interests of the United States.
<br />BY:
<br />That when title to the subject that constitutes the aforesaid encroachment passes from the party of the second part
<br />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 />R/W (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 />WITNESS:
<br />ENGI
<br />0
<br />Orange County
<br />PO Box 8181 Hillsborough NC 27278
<br />Second Party
<br />Town of Chapel HIII
<br />405 Martin Luther King Jr. Blvd., Chapel HIII, NG
<br />27514
<br />Third Party
<br />
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