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That in the came of noncompliance with the termm of this agreement by the party of the second part, the party
<br />of the first part reserves the right to stop 411 work until the facility has been brought
<br />moved from the right of way At np cost to the party of the first part. into compliance or re-
<br />That it in agreed by both parties that this agreement shall bscosie void it 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 is secured by the party of the second part from the party of the tint part.
<br />During the performance of this contract the eetond party, for itself, its aeeignees and successors in interest
<br />(hereinafter referred to an the "contractor -1. agrees as follows:
<br />a. Cowl- i-ance with Regulations: The contractor shall comply with the Regulations relative to no^diecrimin.
<br />aR nn ice' reIly- aseimie� programs of the U. E. Department of Tranepottation, Title 19, Code of Faderal
<br />equlatione, Part 21, am they may be amended from time to time, (hereinafter referred to 48 the Regula-
<br />ticAs), which are herein incorporated by reference and bade a part of thin contract.
<br />b. Nondiscriminotian: The contractor, with regard to the work performed by it during the contract @hall not
<br />ace m na a on the grounds of race, color, or national origin in the selection and retention o!: subcan-
<br />tractors, including procurement@ of materials and leas•■ of equipment. The contractor shall not partici-
<br />pate eitr ddirecttly or indirectly in the diacrimination prohibited by Be
<br />etion 21.5 of the Regulations,
<br />Including a to practices when the contract covers a program mat forth in
<br />Appendix B of the Regulations.
<br />c. Solicit tlpne for Subuontr etc Including procurements of Materials and E i ment: In all solicitations
<br />mpr re ng or negotiation- ad y • eon rat or or war o performed under a sue.
<br />supplier�@hall b•n^oiified by^ the ocontractoYSOfrthe4eante sctor1i Obligations subcontractor or
<br />tM
<br />.. Regulations relative to nandiaariminatian on the grounds of rase, color, or national origin.
<br />d. Infprsatten and Rc vets; The contractor shall provide all Information and reports required by she Regulations, or directives
<br />ssusd pursuant [hereto, and sfrtl permit access [o Its books, records, accounts, other sources OF Inform tion, and Its facilities
<br />as ic sway be determined by the Department of TreniPortetion of LM Federal Highway Adelnlstratlon to be pertinent to ascertain compliance
<br />rh such Reg4lations or directives, Where any Information required of a contractor Is In the excluslve possession of another
<br />who falls or refuses to furnish this lhforma t Ion , the contractor shall sa certify to the Department of Transportation, or the Federal
<br />H19Aray Adml^IS[ra[lan as apprt.pr Hte, and shall s•[ torch what efforts It has wade to obtain the information.
<br />:2+�= e. Sanctions for Hvnc I(•nea: In the event of the contractor's noncompliance with the nondiscrimination provisions of this contract
<br />the eParceent o ranapor[a tivn shall Isposs such contract sanctions a It or the federal Highway Administration may determine to
<br />be appropriate, Intl W ing, but m[ limited CO.
<br />_ - (1) withholding of payments to the Contractor under the contract until the contractor complies, and /or t
<br />(2) cancellation, termination or suspension of the contract, In whole or In par[.
<br />f. Incor oration of Provisions: The contractor shall Include the provisions of paragraphs "a" through "f" in every subcontract,
<br />Including procurements o m+terlals and leases of a ui
<br />thereto. The contractor dull take such ac q Font, unless exempt by the Regulations, or directives Issued pursuant
<br />or the Federal Highway Administration may to any
<br />enforcing subcontract Or procurement s the Department of Traniporta[ien
<br />_
<br />Provided. however, that- In the event a Contractor ng sanctions for Mac— liance: ion supplier as a result of such dlracclon, [M cpngeto may tr�Avolvethen. amps threftTranspith, loniiotsnt•rith a such �ntractor or
<br />protect the Intares is Of the State. end, In sddl Limn, the contractor may request iM dnited $ia isi so enter Into such litigation
<br />ie
<br />[o 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 s
<br />to be executed in the day and year first above written. alve
<br />DEPARTMENT OF TRANSPORTATION
<br />BY:
<br />WITNESS: DIVISION ENGINEER
<br />/�
<br />David T. McGee, Fleming Engineering D Joel L. Williams, Owner
<br />e ROMP
<br />333 St. Albans Derive, Suite 105
<br />1306 Walnut Street
<br />Raleigh, N.C. 27609
<br />CaEX, N.C. 27511
<br />Second Party
<br />WITNESS:
<br />_ Beever]% . Blythe. County Clerk Moses Carey, Jr.
<br />Chair, Board of Commis Hers
<br />x 51i•�_•��_.. -P.O. Box 8181
<br />_Hillsborougha`NC 27278
<br />Hillsborough, NC 27278_
<br />Third Party
<br />
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