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10 <br /> relative to nondiscrimination on the grounds of race,creed,color,sex, age,marital <br /> status,national origin and handicap. <br /> 4. Information And Reports:The Contractor shall provide all information and reports <br /> required by the Regulations,or directives issued pursuant thereto,and shall permit access <br /> to its books,records,accounts,other sources of information, and its facilities as may be <br /> determined by the City to be pertinent to ascertain compliance with such Regulations or <br /> directives. Where any information required of the Contractor is in the exclusive <br /> possession of another who fails or refuses to furnish this information the Contractor shall <br /> so certify to the City,or the United States Department of Transportation as appropriate, <br /> -and shall set forth what efforts it has made to obtain the information. <br /> 5. Sanctions For Noncompliance: In the event of the Contractor's noncompliance with the <br /> nondiscrimination provisions of this Agreement,the City shall impose such sanctions as <br /> it or the Federal Highway Administration may determine to be appropriate,including, <br /> but not limited to: <br /> a. Withholding of payments to the Contractor under the Agreement until the <br /> Contractor complies,and/or <br /> b. Cally el llation,termination or suspension of the Agreement, in whole or in part. <br /> 6. Incorporation Of Provisions:The Contractor shall include the provisions of paragraphs <br /> (1)through(6)in every subcontract,including procurements of materials and leases of <br /> equipment,unless exempt by the Regulations or directives issued pursuant thereto. The <br /> Contractor shall take such action with respect to any subconsultant or procurement as the <br /> City or the Federal Highway Administration may direct as a means of enforcing such <br /> provisions including sanctions for noncompliance;provided,however,that,in the event <br /> a Contractor becomes involved in,or is threatened with,litigation with a subconsultant <br /> or supplier as a result of such direction,the Contractor may request the City to enter into <br /> such litigation to protect the interests of the City,and in addition,the Contractor may <br /> request the United States to enter into such litigation to protect the interests of the United <br /> States. <br /> G. Unfair Employment Practices: The Contractor shall comply with RCW 49.60.180. <br /> 15. Required Certifications. Attached hereto as Exhibit D-1, are the Certifications of the Consultant <br /> and the City, Exhibit D-2 Certification regarding debarment, suspension and other responsibility matters <br /> -primary covered transactions, Exhibit D-3 Certification regarding the restrictions of the use of Federal <br /> funds for lobbying, and Exhibit D-4 Certificate of Current Cost or Pricing Data. Contractor shall execute <br /> and return these certificates with the signed Agreement. The certificates are incorporated herein by <br /> reference. <br /> 16. Audits and Inspections. At any time during normal business hours and as often as the City may <br /> deem necessary, the Contractor shall make available to the City for the City's examination all of the <br /> Contractor's records and documents with respect to all matters covered by this Agreement and, <br /> furthermore, the Contractor will permit the City to audit, examine and make copies, excerpts or <br /> transcripts from such records, and to make audits of all contracts, invoices, materials,payrolls,records of <br /> personnel, conditions of employment and other data relating to all matters covered by this Agreement. <br /> 3Rev9808 7 <br />