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That in the case of noneottpllanee With the terms of this agreement by the party of the second part, the party
<br /> of the first part reserves the right to step all work until the facility has been brought Into compliance or re-
<br /> moved from the right of way at no cost to the pasty of the first part. 4
<br /> That it is agreed by both parties that this agreement shall become void St actual construction of !h• Work
<br /> contes vritt+newivereisosecui d by the partylofythe secondhpartfrom the partytofnthe fit tnPart- the first part
<br /> During the performance of this contract the ae,ond party, for itself, its nssfgna+• end suecusora in interest
<br /> (hat•inafter refsrr+d to as the 'contractor"5, agrees as follow@:
<br /> •� .o onilnCee with
<br /> eta Ry-asstsoeslprograms contractor U. S. D•partme nt with oftTranspo rtation,rTltlevl9toCodedofcfederal
<br /> Part 21 04
<br /> herein in shall time to
<br /> &adelaepnrteofithlreeontraeL d to as the Regula-
<br /> b. Nondiscrimination: The contractor, with regard to the work performed by it during the contract, shall not
<br /> act • na a on • 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 Partiel-
<br /> pate either directly or indirectly in the discrimination prohibited by Section 21.5 of the Regulations,
<br /> including employment practices when the contract coyars a program set forth in Appendix: B of the Regulations.
<br /> c. Solic tat on■ for S ontracts Includin •Procurements oofci�etrncaor aoz wort manta performed undsraeloub-
<br /> • er y comp+ y• nq or ;ego a on ma • y
<br /> con tract, including procurement& of materials or leases of equipment, each potential subcontractor or
<br /> notified the contractor's
<br /> of race,ocolor, this and the
<br /> /. Inlormation and &@parts: The contractor shall prov{de all Inlormaclon and reports required by the Acgulacions, or directives
<br /> ;isued port.!;, thereto, and shall permit access to Its books, records, accounts, other sources of Information, and Its facllitl's
<br /> as may be determined by the Departmant of Transportation or the Federal Highway Administration to be pertinent to ascertain eompllanu
<br /> with such Aeguiations or directives. Vhero any Infor"tlon required of a contractor is In the exclusive possession of another
<br /> who falls or ref.s's to furnish this Information, the contractor shall so certify to the Department of Transportation, or the Federal
<br /> Highway Administration at sppmoriats, and shalt set forth what effort% It has made to obtain the Information,
<br /> e. Lnetlont for Noncan Itancr, In the 'vent of the contractor's noncompliance with the nondlscrlminat{on provisions of this contact
<br /> ih' apartment o ransportation shalt Impose such contract sanctions as It or the-Federal Highway Administrat'ton may determine to
<br /> 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 /> (1) cancellation, termination or suspension of the contract, in whole or in part.
<br /> Isionft The f. inc tad age pros urement$ or contractor
<br /> lsaseshofl h prOvIsJoAs of paragraphs
<br /> equipment, unless exempt by theitegulatlonsthrough,or every subcontract,
<br /> directives Issued pursuant
<br /> thereto. The contractor shall take such action with respect to any subcontract or procurement at the Department of Tran,portation
<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 avant a contractor becomes Involved In, or Is threatened with, litigation with a subcontractor or
<br /> supplier &% a result of such direction, the conractor may request the Department of Transportation to enter Into such litigation to
<br /> pro tact the interests of the State, and, in addition, the contractor my request the United States to enter Into such Ilti gat'on
<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 /> 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 /> DIVISION ENGINEER
<br /> WITNESS:
<br /> ! (Signature)
<br /> Matthew C. Ankrom A rhric frnct
<br /> (Typed Nafr>?)
<br /> Project Engineer VP of FnainPpring,, g g. n
<br /> (Title)
<br /> Rancor Inc.
<br /> Rancor, Inc.
<br /> Second Party
<br /> WITNESS:
<br /> 'Signature
<br /> (Typed Naffe)
<br /> (Title)
<br /> Orange County
<br /> Third Party
<br />
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