Laserfiche WebLink
Local Assistance Procedures Manual Exhibit 10-R <br />A&E Boilerplate Agreement Language <br />Page 4 of 9 <br />May 2023 <br /> <br /> <br /> <br />APPENDIX A <br /> <br />During the performance of this Agreement, the contractor, for itself, its assignees and successors in <br />interest (hereinafter collectively referred to as CONSULTANT) agrees as follows: <br />a. Compliance with Regulations: CONSULTANT shall comply with the regulations relative to <br />nondiscrimination in federally assisted programs of the Department of Transportation, Title 49, <br />Code of Federal Regulations, Part 21, as they may be amended from time to time, (hereinafter <br />referred to as the REGULATIONS), which are herein incorporated by reference and made a part <br />of this agreement. <br /> <br />b. Nondiscrimination: CONSULTANT, with regard to the work performed by it during the <br />AGREEMENT, shall not discriminate on the grounds of race, color, sex, national origin, religion, <br />age, or disability in the selection and retention of sub-applicants, including procurements of <br />materials and leases of equipment. CONSULTANT shall not participate either directly or <br />indirectly in the discrimination prohibited by Section 21.5 of the Regulations, including <br />employment practices when the agreement covers a program set forth in Appendix B of the <br />Regulations. <br />c. Solicitations for Sub-agreements, Including Procurements of Materials and Equipment: In all <br />solicitations either by competitive bidding or negotiation made by CONSULTANT for work to be <br />performed under a Sub- agreement, including procurements of materials or leases of <br />equipment, each potential sub-applicant or supplier shall be notified by CONSULTANT of the <br />CONSULTANT’S obligations under this Agreement and the Regulations relative to <br />nondiscrimination on the grounds of race, color, or national origin. <br /> <br />d. Information and Reports: CONSULTANT shall provide all information and reports required by <br />the Regulations, or directives issued pursuant thereto, and shall permit access to its books, <br />records, accounts, other sources of information, and its facilities as may be determined by the <br />recipient or FHWA to be pertinent to ascertain compliance with such Regulations or directives. <br />Where any information required of CONSULTANT is in the exclusive possession of another who <br />fails or refuses to furnish this information, CONSULTANT shall so certify to the recipient or <br />FHWA as appropriate, and shall set forth what efforts CONSULTANT has made to obtain the <br />information. <br /> <br />e. Sanctions for Noncompliance: In the event of CONSULTANT’s noncompliance with the <br />nondiscrimination provisions of this agreement, the recipient shall impose such agreement <br />sanctions as it or the FHWA may determine to be appropriate, including, but not limited to: <br />i. withholding of payments to CONSULTANT under the Agreement within a reasonable <br />period of time, not to exceed 90 days; and/or <br /> <br />ii. cancellation, termination or suspension of the Agreement, in whole or in part. <br />ATTY/AGR.2024.181/KImley-Horn (Roosevelt Ave Permanent Traffic Calming Project De (Page 23 of 42) <br />6.B. - Page 27 of 46 <br />52