2022-543-E-Planning-Christopher Sandt-Encroachment Agreement Application for installing OWASA sewer stub-out to serve 7731 Rogers Road

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During the performance o f this contract . the second party, for itself, its a ssignees and successors in interest (hereinafter referred to as the "contractor"), agrees as follows : a Comp li ance with Regulations : The contractor sha ll comply wi th the Reg ul ations re lat ive to nond iscrim in ation in Federa ll y- assisted prog ram s of the U.S . Department o f Transporta ti on . Title 49 , Code of Fed era l Reg ul at io ns , Pa rt 2 1, as th ey may be amended from time to time , (he re inafter referred t o as the Reg ul ations). which a re herein inco rporated by reference and made a part of this con t ract. b. Nond iscr imina tio n : Th e contracto r , wi th regard to the work performed by it during the con tract. shall not discriminate on the groun ds of race . color. or national origin in the select ion and retention of subcontractors , including procuremen ts of materia ls and lea ses of equi pm ent. The con tra cto r shall not participa te either directly or indirect ly in the d iscrimination prohibited by Section 2 1.5 of the Regulations , including employme nt prac tices when the con trac t covers a prog ram set forth in Appendix B of t he Regu la tio ns. c. Sol ici tations for Subcontrac ts. incl uding Procurements of Materials and Eq uipment : In all solicitations eit her by compet it ive bidding or negot iation made by the con tr ac tor for work t o be performed un der a subco ntract , incl udi ng pro curements of mate ri als or leases of equipment . each potenti a l subcontractor or supplie r shall be not ified by the contractor of the contractor's obligations unde r this contract and the Regulations relative to nondiscr imin at io n on th e grounds of race , co lo r , or national o ri gin . d. Informati on and Repo rt s: T he contractor shall provide all information and reports req u ired by the Reg ulat ions , or directives issued pursuant thereto . and sha ll perm it access to its book s. records, acco unts, other sources o f info rmatio n, and its facilities as may be determined by the Department of Transportat ion or the Federal Highwa y Admini strat ion to be pert ine nt to ascerta in compliance with suc h Regul ations or direc t ives. Where any informa t ion required of a co nt ractor is in the exclus ive po ssession of a no ther who fai ls or refuses to furn ish t his information . th e con trac tor sha ll so cert ify to the De par tment of Tra nsporta t ion . or the Fed era l H ighway Administrat ion as appropriate , and shall se t fo rt h what effor ts it has made to obtain the information . e. Sanctions for Noncomplia nce : In the eve nt of the contractor's noncompliance with the nondiscrimination provis ions of this contract , the Depa rtm e nt of Transportation sha ll impose such contract sanctions as it or the Federal Hi ghway Adm inistratio n may determ ine to be appropriate , includ ing , but not li mited to . (1) withhold ing of payments to th e contractor under the contract unt il the co nt rac tor complies , a nd /or (2) cance lla tion, term ination or suspension of the contract . in whole or in pa rt . f. In corpora tion of Provisions: The contractor shall include the provisio ns of paragraphs "a" thr oug h "f in every subcontract , incl udi ng procurem ents of ma teria ls and leases of equipment. unless exempt by the Regulations . or d irectives issued pursuan t the reto . The contracto r sha ll take su ch action w ith respec t to any sub contract or procurement as the Department of Transportation or the Federal Highway Administration may direct as a means of enforcing such provisions including sa nct ions for noncomplian ce: Prov ided, however, t hat , in the event a co nt rac tor becomes involved in, or is threate ned wi th . liti ga tion with a sub co nt ractor o r supplier as a resu lt of such direction, the con t rac tor may request the Departme nt of Transportation to en te r into suc h l itig ation to protect the in teres ts of the State , and , in ad dition , the con tractor may req u est the Un ited States to enter into such litiga tion to protect the interests of the United States . That when title to the subject that constitutes the afo resaid encroachment passes from the party of the second part and vests in the party of the third part , the party of the third part agrees to assume all responsibilities and rights and to perform all obligations as agreed to herein by the party of the second part. R/W (166): Party of the Second Part certifies that this agreement is true and accurate copy of the form R/W (166) incorporating all revisions to date . IN WITNESS WHEREOF . each of the parties to th is agreement has caused the same to be executed the day and year first above written . WITNESS : Andrea Orb ich Executive Assistant , OWASA DEPARTMENT OF TRANSPORTATION BY : DIVISION ENGINEER Bonnie B. Hammersley County Manager, Orange County Second Party -::@[j L Executive Director, OWASA Th ird Party DocuSign Envelope ID: 269B2631-52B5-4390-B0FC-CE96792761B9 Melissa Allison Business Officer