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(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,
<br />including procurements of materials and leases of equipment. The LPA will not participate
<br />either directly or indirectly in the discrimination prohibited by section 21.5 of the
<br />Regulations, including employment practices when the contract covers a program set forth
<br />in Appendix B of the Regulations, as well as the ADA/504 regulations.
<br />(c) Solicitations for Professional Services: In all solicitations for professional services made
<br />by the LPA for work to be performed under a contract or subcontract, each potential
<br />consultant will be notified by the LPA of the LPA's obligations under this contract and the
<br />Regulations relative to nondiscrimination on the grounds of race, color, national origin, sex
<br />(including pregnancy, gender identification and sexual orientation), age, disability, low-
<br />income status, or limited English proficiency.
<br />(d) Information and Reports: The LPA will provide all information and reports required by the
<br />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 />(1) withholding of payments to the LPA under the contract until the LPA complies,
<br />and/or
<br />(2) cancellation, termination or suspension of the contract, in whole or in part.
<br />(f) Incorporation of Provisions: The LPA will include the provisions of paragraphs 10.4 (a)
<br />through (e) Above in every contract or subcontract, including procurements of
<br />materials and leases of equipment, unless exempt by the Regulations, or directives issued
<br />pursuant thereto. The LPA will take such action with respect to any contractor or
<br />subcontractor procurement as the STATE or FHWA may direct as a means of enforcing
<br />such provisions including sanctions for noncompliance; provided, however, that, in the
<br />event the LPA becomes involved in, or is threatened with, litigation with a contractor,
<br />subcontractor, or supplier as a result of such direction, the LPA may request the STATE to
<br />enter into such litigation to protect the interests of the STATE, and, in addition, the LPA
<br />may request the United States to enter into such litigation to protect the interests of the
<br />United States.
<br />Page 19 of 27
<br />Revision Date 3/26/2020
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