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<br />That in the case of noncompliance with the terms of this agreement by the party of the second part, the party
<br />of the first part reserves the right to stop all work until the facility has been brought into compliance or re.
<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 me (1) year from the date of authorisation by the party of the first part
<br />unless written waiver is secured by the party of the second part from the party of the first part.
<br />During the performance of this contract the set and party, for itself, its assignees and successor$ in interest
<br />(hereinafter referred to do the 'contractor'$, agreed as follows:
<br />a. Cgeliance with Recrulationat The contractor shall comply with the Regulations relative to nondiscrimin-
<br />ation in 1eder&1.Ly-dQ8tmEfiG programs of the U. S. Department of Transportation. Title 49, Code of F•d•ral
<br />Regulations, part 21, as they may be amended from time to time, (hereinafter referred to a■ the Regula-
<br />tions), which are herein incorporated by reference and made a part of this contract.
<br />b. Handiecrimination: The contractor, with regard to the work performed by it during the contract, shall not
<br />ecr m t[a a on a grounds of race, color, or national origin in the selection and retention of subcon-
<br />tractars including procurements of materials and lodges of equipment. The contractor ■hall not partial-
<br />pate signer directly or indirectly in the discrimination prohibited by Section 21.5 of the Regulation■,
<br />Including employment practices when the contract covers a program set forth in Appendix B of the Regulations.
<br />C. so is do a for gulocontracts. IngludiDg Praeurament■ dF hater o ■ d ! ant: In all relieitgtlons
<br />• r comp• r• or Deem q on tea con rat or or war o performed under a sub-
<br />contract, the adinq procurements of materials or leases of equipment, aach potential subcontractor or
<br />supplier shall be notified by the contractor of the contractor's oblioatldans under this contract and the
<br />Regulations relative to nondiscrimination on the grounds of race, color, or national origin.
<br />d. Inforwtlg2 and Re orts: The Contractor shell provide all Information and reports required by the Regulations, or directives
<br />".;d pursuant t ereto, and shall permit access to Its books, retards, accounts, other sources of Information, and Its facilities
<br />as may be do termined by the Deportment of Transportation or the Federal Highway Administration to be pertinent to ascertain compliance
<br />with such Regulations of direcO wss. Where any Information required of a contractor Is In the exclusive possession of another
<br />who fails or refuses to furnish this Informs tlon , the contractor shall so certify to the Dspaftment of Transportation, or the Federal
<br />Highway Administration as appropriate, and shall set forth what efforts It has made to obtain the Informs clan.
<br />e. Sane[1011s for HOxtom ll..C.; 111 the event of the COntfactor't noncompliance with the ammilseflolnation provisions of this contract
<br />[he eparLment o rsnsportatIon shall Impose such contract sanctions as It or the Federal Highway Administration any determine to
<br />be appropriate. Including, but not limited to,
<br />(1) withholding of payments to the contractor under the contract until the contractor
<br />. complies, and /or
<br />(2) Cancellations termination or suspension of the contract, In whole or In part. I
<br />f. Inver oration of provisions= The contractor shall Include the provisions of paragraphs "a" through 'Af'A in every subcontract,
<br />ntlwding procurements o materials and leases of equipment. unless exempt by the asgulatlona, or directives Issued pursuant
<br />thereto. The Contractor shall 'take such action with respect to any subcontract Of procurement as the Department of Transportation
<br />or the Federal Highway Administration may direct as a means of enforcing such provisions Including sanctions for noncom Manse:
<br />Provided, however, that, In the avant a Contractor becomes Involved In, of Is threatened with, litigation with a subcontractor or
<br />supplier as a result of such direction, the coaractor may request the Department of Transportation to anger Into such litigation to
<br />protect the Interests of the State, and, In addltioa, the Contractor may request the United States Lo anger 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 />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 />WITNESS
<br />DEPARTMENT OF TRANSPORTATION
<br />BY:
<br />AIVISION ENGINEER
<br />David T. McGee, Flemi Engineering Joel L.
<br />ng Williams, Owner
<br />C�rL3f J:la^-a Mnhi
<br />333 St. Albans Drive, Suite 105
<br />Raleigh, N.C. 27609
<br />WITNESS:
<br />everly Blythe, County Clerk
<br />_ . C I L Box 8181
<br />HiIIShoLOugh,, Ng e 77278-
<br />1306 Walnut Street
<br />Cam N.C. 27511
<br />Second Party
<br />Moses Carey, Jr.
<br />Chair Board of Commis ners
<br />P.O. Box 8181
<br />Hillsborough, NC 27278
<br />Third Party
<br />
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