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1 <br /> C ontraCI No. Sheet <br /> DEPARTMENT OFTRANSPORTATION- Bid NO. 86-1 iOA514 7 of 49" , <br /> APPENDIX <br /> 8 " - <br /> APPENDIX X <br /> During, the,performance of this contract,.the contractor,-for itself, its.assignees and:successors in interest (hereinafter <br /> referred to as the"contractor') agrees as follows: <br /> (1)' Compliance:-with Regulations: The:contractor,shall comply with"regulations relative:to Title V) (non-discrimination- <br /> in federally-assisted.programs of:the:Department of•Transportation - Tale 49 Code.of Federal Regulations Part 21 <br /> Effectuation-of Title:Vl of thei.1964 Civil Rights Act).TrtleVI provides-that the recipients of federal-assistance will implement- <br /> and maintain a,policy.of non-discrimination in which-no.person in the state.of California shalt, on the,basis of race, <br /> color;national origin, religion; sex, age, disability, be-excluded from participation in;denied.the-benefits of or-subjected- <br /> to discrimination under any program or activity.by.the recipients of-federal assistance or their assignees and successors. <br /> in interest. <br /> (2) Non-discrimination: The contractor,with regard to the work performed by it during the contract shall act in accordance) <br /> with,Title-VI. Specifically, the contractor shall not discriminate-on the.,basis of race; color, national origin, religion; <br /> sex, age; or disability in the selection and retention,of subcontractors, including,procurement of materials and leases - <br /> of equipment The:contractor shall-not participate either directly or indirectly in the discrimination prohibited by Section <br /> 21.5'.of the U.S.-DOTS Regulations; including employment practices,when the contract covers a.program,whose,goal: <br /> is:emptoyment. <br /> (3), SoltcitatIOM.for Subcontracts* Including-Procurement&of`Materials,and.Equipment:~Inall solicitations;.either <br /> by-competitive bidding:or negotiation-made by the:contractor for work-torbe performed-under a,subcontract; including <br /> procurements,of;materials or leases-of.,equipment; each-potential,subcontractor or supplier shall be,notified.'by:the- <br /> contractor-of thercontractors:.obligationssunder this contract and the Regulations relative to non-discrimination ort the= <br /> grounds-of race;.cotor or national-origin: <br /> (4) Information and:Reports: The contractor shall provide all,information and reports required by the Regulations, or <br /> directives issued.pursuant thereto, and shall permit access to its books, records,accounts,other sources of information, <br /> and its facilities as may be determined by the-StatelrOepartment of Transportation orthe Federal Highway Administration <br /> to be: pertinent to ascertain compliance.with-such Regulations or directives. Where any information required of a <br /> contractor is.in the exclusive possession of another who fails.or refuses to furnish this,information, the contractor shall <br /> so certify to the-State Department of Transportation, or the Federal Highway Administration as appropriate; and shall <br /> set forth-what efforts it has made to obtain the information:. <br /> (5) Sanctions for-Noncom pl la nce:- In the event-of the contractors noncompliance with the non-discrimination provisions <br /> of this contract; the-State•Department-of Transportation shall impose such contract-sanctions as it or the Federal <br /> Highway Administration may determine.-to be,appropriate, including but not limited to: <br /> (a) withholding of payments to the contractor under the contract until the-contractor complies, and/or <br /> (b) cancellation; termination or suspension of the contract; in whole-or in part: <br /> (6) Incorporation of Provisions: The contractor shall include the provisions of paragraph (1) through (6) in every sub- <br /> contract, including procurements of materials and leases of equipment; unless exempt by the Regulations or directives <br /> issued pursuant thereto.The contractor-will take such action with respect to any subcontractor or procurement as the <br /> State Department of Transportation or.the.Federal Highway Administration may direct as a-meansof enforcing such <br /> provisions including sanctions for noncompliance: Provided,,however, that in the event a contractor becomes involved <br /> in,-or is threatened:with, litigation with-a subcontractor or supplier as-&result of such direction, the contractor may <br /> request the.State Department of Transportation to-enter into such litigation to protect the.interest of the State, and <br /> in addition, the contractor may request the United,States to enter into such litigation to protect the interests of the <br /> United States. <br /> OAS-08M.t351{REV.4/B2)FEE)ERAL FUNDS:OVER SIAW <br />