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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
<br /> moved from the right of way at no cost to the party of the first part.
<br /> That it is agreed by both parties that this agreement shall become void if actual construction of the work
<br /> contemplated herein is not begun within one (1) year from the date of authorization by the party of the first part
<br /> unless written waiver i• secured by the party of the 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
<br /> (hereinaft•r referred to as the "contractor"), agrees as follows;
<br /> a. Compliance with Regulations; The contractor shall comply with the Regulations relative to nondiscrimin-
<br /> ation in tederaily-assist•d programs of the U. S. Department of Transportation, Title 49, Code of Federal
<br /> Regulations, Part 21, as they may be amended from time to time, (hereinafter referred to as the Regula-
<br /> tions), which are herein incorporated by reference and made a part of this contract.
<br /> b. Nondiscrimination: The contractor, with regard to the work performed by it during the contract, shell not
<br /> discriminate on the grounds of race, color, or national origin in the selection and retention of subcon-
<br /> tractors, including procurements of materials and leases of equipment. The contractor shall not partici.
<br /> pate either directly or indirectly In the discrimination prohibited by Section 21.5 of the Regulations,
<br /> including employment practices when the contract covers a program set forth in Appendix 13 of the Regulations.
<br /> c. Solicitations for Subcontracts, Including.Procurement, of Materials and Eaui meet; In all solicitations
<br /> either by competitive bidding or negotiation made by the contractor for work to be performed under a sub-
<br /> contract, including procurements of materials or leases of equipment, each potential subcontractor or
<br /> supplier shall be notified by the contractor of the contractor's obligations under this contract and the
<br /> 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 facilities
<br /> as may be determined by the Department of Transportation or the federal Highway Administration to be pertinent to ascertain compliance
<br /> with such Regulations or directives. Where any information required of a contractor Is in the exclusive po ion of another
<br /> who falls or refuses to furnish this Information, the contractor shall so certify to the Department of Transportation, or the Federal
<br /> Highway Administration as sppri'priate, 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 with the nondiscrimination provisions of this contract
<br /> the Department of Transportation shall Impose such contract sanctions as It or the•federal Highway Administration may determine to
<br /> be appropriate, including, but not limited to,
<br /> (I) withholding of payments to the contractor under the contract until the contractor complies, and/or
<br /> (1) cancellation, termination or suspension of the contract, in whole or in part.
<br /> P. incorporation of Provislonit The contractor shall include the provisions of paragraphs "a" through "f" in every subcontract,
<br /> • Including procurements of materials and 1 of equipment, unless exempt 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 Transportation
<br /> or the Federal Highway Administration may direct as a means of enforcing such provisions including sanctions for noncompliance;
<br /> Provided, however, that, In the event a contractor becomes Involved in, or is threatened with, litigation with a subcontractor or
<br /> supplier as a result of such direction, the conractor may request the Department of Transportation to enter into such litigation to
<br /> protect the Interests of the State, and, in addition, the contractor may request the United States to enter Into such litigation
<br /> to protect the interests of the United States.
<br /> That when title to the subject that constitutes the aforesaid encroachment
<br /> passes from the party of the second part and vests in the party of the third part,
<br /> the party of the third part agrees to assume all responsibilities and rights and
<br /> to perform all obligations as agreed to herein by the party of the second part.
<br /> •
<br /> IN WITNESS WHEREOF, each of •the parties to this agreement has caused the same
<br /> to be executed in the day and year first above written.
<br /> DEPARTMENT OF TRANSPORTATION
<br /> • BY:
<br /> WITNESS : DIVISION ENGINEER
<br /> }
<br /> 7_4.6% r /i
<br /> Irr"
<br /> v `
<br /> M thew C. Ankrom A. Chris Ernst (Signature)
<br /> Project Engineer " VP of Engineering, R & DTI Name)
<br /> Hancor Inc. Hancor, Inc. (Title)
<br /> Second Party
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