|
(a) the magnitude and the type of offense;
<br />(b) the degree of the Consultant's culpability;
<br />(c) any steps taken to rectify the situation',
<br />(d) the Contractor's record of performance on other projects including, but not limited to:
<br />(1) annual DBE participation over DBE goals;
<br />(2) annual DBE participation on projects without goals;
<br />(3) number of complaints ODOT has received from DBEs regarding the Contractor,
<br />and,
<br />(4) the number of times the Contractor has been previously sanctioned by ODOT; and,
<br />(e) Whether the Contractor falsified, misrepresented, or withheld information.
<br />10.4 During the performance of this contract, the LPA, for itself, its assignees and successors in interest
<br />agrees as follows:
<br />(a) Compliance with Regulations: The LPA will comply with the regulations relative to
<br />nondiscrimination in Federally -assisted programs of the United States Department of
<br />Transportation (hereinafter "U.S. DOT") Title 49, Code of Federal Regulations, Part 21, as
<br />they may be amended from time to time, (hereinafter referred to as the "Regulations"),
<br />which are herein incorporated by reference and made a part of this contract.
<br />In addition, the LPA will comply with the provisions of the Americans with Disabilities Act,
<br />Section 504 of the Rehabilitation Act, FHWA Guidance, and any other Federal, State,
<br />and/or local laws, rules and/or regulations (hereinafter referred to as "ADA/504").
<br />(b) Nondiscrimination: The LPA, with regard to the work performed by it during the contract,
<br />will not discriminate on the grounds of race, color, national origin, sex (including pregnancy,
<br />gender identification and sexual orientation), age, disability, low-income status or limited
<br />English proficiency in the selection and retention of contractors or subcontractors, including
<br />procurements of materials and leases of equipment. The LPA will not participate either
<br />directly or indirectly in the discrimination prohibited by section 21.5 of the Regulations,
<br />including employment practices when the contract covers a program set forth in Appendix
<br />B of the Regulations, as well as the ADA1504 regulations.
<br />(c) Solicitations for Contractors or Subcontractors, including Procurement of Materials
<br />and Equipment: In all solicitations either by competitive bidding or negotiation made by
<br />the LPA for work to be performed under a contract or subcontract, including procurements
<br />of materials or leases of equipment, each potential contractor, subcontractor, or supplier
<br />will be notified by the LPA of the LPA I s, obligations under this contract and the Regulations
<br />relative to nondiscrimination on the grounds of race, color, national origin, sex (including
<br />pregnancy, gender identification and sexual orientation), age, disability, low-income status
<br />or limited English proficiency.
<br />(d) Information and Reports: The LPA will provide all information and reports required by
<br />the Regulations or directives issued pursuant thereto, and will permit access to its books,
<br />records, accounts, other sources of information, and its facilities as may be determined by
<br />the STATE or FHWA to be pertinent to ascertain compliance with such Regulations, orders
<br />and instructions. Where any information required of the LPA is in the exclusive possession
<br />of another who fails or refuses to furnish this information, the LPA will so certify to the
<br />STATE or FHWA, as appropriate, and will set forth what efforts it has made to obtain the
<br />information.
<br />(e) Sanctions for Noncompliance: In the event of the LPA's noncompliance with the
<br />nondiscrimination provisions of this contract, the STATE will impose such contract
<br />sanctions as it or FHWA may determine to be appropriate, including, but not limited to:
<br />Page 10 of 19
<br />Revision Date 2/5/2019
<br />
|