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age or handicap except for a bona fide occupational qualification with regard to,but not limited to the 3
<br /> following: employment upgrading,demotion or transfer,recruitment or any recruitment advertising,a
<br /> layoff or terminations, rates of pay or other forms of compensation, selection for training,rendition of
<br /> services, selection and retention of subcontractors, including, but not limited to,procurement of materials
<br /> and leases of equipment.
<br /> The Contractor understands and agrees that if it violates this provision,this Agreement may be terminated
<br /> by the City and further that the Contractor shall be barred from performing any services for the City now
<br /> or in the future unless a showing is made satisfactory to the City that discriminatory practices have
<br /> terminated and that recurrence of such action is unlikely.
<br /> B. During the performance of this Agreement,the Contractor, for itself, its assignees and successors
<br /> in interest agrees as follows:
<br /> 1. Compliance With Regulations: The Contractor shall comply with the Regulations
<br /> relative to nondiscrimination in the same manner as in Federal-assisted programs of the
<br /> Department of Transportation,Title 49,Code of Federal Regulations,Part 21,as they
<br /> may be amended for time to time,(hereinafter referred to as the Regulations),which are
<br /> herein incorporated by reference and made a part of this Agreement. The contractor shall
<br /> comply with the American Disabilities Act of 1992,as amended.
<br /> 2. Nondiscrimination: The Contractor,with regard to the work performed by it during the
<br /> Agreement, shall not discriminate on the grounds of race,creed,color,sex,age,marital
<br /> status,national origin or handicap except for a bona fide occupational qualification in the
<br /> selection and retention of subconsultants, including procurements of materials and leases
<br /> of equipment. The Contractor shall not participate either directly or indirectly in the
<br /> discrimination prohibited by Section 21.5 of the Regulations,including employment
<br /> practices when the contract covers a program set forth in Appendix II of the Regulations.
<br /> 3. Solicitations For Subcontractors,Including Procurements Of Materials and Equipment:
<br /> In all solicitations either by competitive bidding or negotiation made by the Contractor
<br /> for work to be performed under a subcontract, including procurements of materials or
<br /> leases of equipment,each potential subconsultant or supplier shall be notified by the
<br /> Contractor of the Contractor's obligations under this Agreement and the Regulations
<br /> relative to nondiscrimination on the grounds of race,creed,color, sex, age,marital status,
<br /> 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,the Washington State Department of Transportation,or the United
<br /> States Department of Transportation as appropriate,and shall set forth what efforts it has
<br /> 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, but
<br /> not limited to:
<br /> a. Withholding of payments to the Contractor under the Agreement until the
<br /> Contractor complies,and/or
<br /> b. Cancellation,termination or suspension of the Agreement, in whole or in part.
<br /> I.7
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