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this Agreement or if the Office of Budget and Management fails to certify the availability of funds,
<br />this Agreement or any renewal thereof will terminate on the date funding expires.
<br />9.2 Unless otherwise directed by ODOT, if for any reason the PROJECT is not completed in its entirety
<br />or to a degree acceptable to ODOT and FHWA, the LPA shall repay to ODOT an amount equal to
<br />the total funds ODOT disbursed on behalf of the PROJECT. In turn, ODOT shall reimburse FHWA
<br />an amount equal to the total sum of Federal dollars it has received for the PROJECT. If the LPA
<br />has not repaid ODOT in full an amount equal to the total funds ODOT disbursed on behalf of the
<br />PROJECT, any funds recovered from contractor performance and payment bond(s) and consultant
<br />insurance shall be used to offset the Federal dollars reimbursed to FHWA.
<br />10. NONDISCRIMINATION
<br />10.1 In carrying out this Agreement, the LPA shall not discriminate against any employee or applicant
<br />for employment because of race, religion, color, sex (including pregnancy, gender identification and
<br />sexual orientation), national origin, ancestry, age, disability as that term is defined in the American
<br />with Disabilities Act, military status (past, present, or future), or genetic information. The LPA shall
<br />ensure that applicants are hired and that employees are treated during employment without regard
<br />to their race, religion, color, sex (including pregnancy, gender identification and sexual orientation),
<br />national origin, ancestry, age, disability, military status, or genetic information. Such action shall
<br />include, but not be limited to the following: employment, upgrading, demotion, or transfer;
<br />recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and
<br />selection for training, including apprenticeship.
<br />10.2 The LPA agrees to post in conspicuous places, available to employees and applicants for
<br />employment, notices setting forth the provisions of this nondiscrimination clause, and in all
<br />solicitations or advertisements for employees placed by it, state that all qualified applicants shall
<br />receive consideration for employment without regard to race, religion, color, sex (including
<br />pregnancy, gender identification and sexual orientation), national origin, ancestry, age, disability,
<br />military status, or genetic information. The LPA shall incorporate this nondiscrimination requirement
<br />within all of its contracts for any of the work on the PROJECT (other than subcontracts for standard
<br />commercial supplies or raw materials) and shall require all of its contractors to incorporate such
<br />requirements in all subcontracts for any part of such PROJECT work.
<br />10.3 The LPA shall ensure that Disadvantaged Business Enterprises (DBEs), as defined in 49 CFR Part
<br />26, will have an equal opportunity to participate in the performance of contracts and subcontracts
<br />financed in whole or in part with Federal funds provided in conjunction with this Agreement. For a
<br />PROJECT upon which a DBE goal is assigned, the LPA shall require that all contracts and other
<br />agreements it enters into for the performance of the PROJECT contain the following specific
<br />language:
<br />Disadvantaged Business Enterprise (DBE) Requirement. DBE participation goals
<br />(subcontracts, materials, supplies) have been set on this PROJECT for those
<br />certified as DBEs pursuant to Title 23, U.S.C. section 140(c) and 49 CFR, Part 26,
<br />and where applicable qualified to bid with ODOT under Chapter 5525 of the ORC.
<br />Pursuant to 49 CFR 26.13(b), the LPA agrees not to discriminate on the basis of race, color,
<br />national origin, or sex (including pregnancy, gender identification and sexual orientation), age,
<br />disability, low-income status, or limited English proficiency in the performance of this Agreement.
<br />The LPA agrees to carry out applicable requirements of 49 CFR Part 26 in the award and
<br />administration of DOT -assisted contracts. The LPA understands that failure to carry out these
<br />requirements is a material breach of this Agreement, which may result in the termination of this
<br />Agreement or such other remedy as ODOT deems appropriate.
<br />10.4 During the performance of this contract, the LPA, for itself, its assignees and successors in
<br />interest') agrees as follows:
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<br />Revision Date 3/26/2020
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