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Appendix 1 <br />During the performance of this contract, the contractor/consultant, for itself, its <br />assignees and successors in interest (hereinafter referred to as the "contractor") agrees <br />as follows: <br />Compliance With Regulations — The contractor shall comply with the Regulations <br />relative to nondiscrimination in federally -assisted programs of United States <br />Department of Transportation (USDOT), Title 49, Code of Federal Regulations, <br />Part 21, as they may be amended from time to time, (hereinafter referred to as <br />the Regulations), which are herein incorporated by reference and made a part of <br />this contract. <br />2. Nondiscrimination — The contractor, with regard to the work performed by it <br />during the contract, shall not discriminate on the grounds of race, color, sex, <br />or national origin in the selection and retention of sub -contractors, including <br />procurement of materials and leases of equipment. The contractor shall not <br />participate either directly or indirectly in the discrimination prohibited by <br />Section 21.5 of the Regulations, including employment practices when the <br />contract covers a program set forth in Appendix B of the Regulations. <br />3. Solicitations for Subcontracts, Including Procurement of Materials and <br />Equipment — In all solicitations either by competitive bidding or negotiations <br />made by the contractor for work to be performed under a sub -contract, including <br />procurement of materials or leases of equipment, each potential sub -contractor or <br />supplier shall be notified by the contractor of the contractor's obligations under this <br />contract and the Regulations relative to nondiscrimination on the grounds of race, <br />color, sex, or national origin. <br />4. Information and Reports — The contractor shall provide all information and <br />reports required by the Regulations or directives issued pursuant thereto, and shall <br />permit access to its books, records, accounts, other sources of information, and its <br />facilities as may be determined by the contracting agency or the appropriate federal <br />agency to be pertinent to ascertain compliance with such Regulations, orders and <br />instructions. Where any information required of a contractor is in the exclusive <br />possession of another who fails or refuses to furnish this information, the contractor <br />shall so certify to WSDOT or the USDOT as appropriate, and shall set forth what <br />efforts it has made to obtain the information. <br />5. Sanctions for Noncompliance— In the event of the contractor's noncompliance <br />with the nondiscrimination provisions of this contract, the contracting agency <br />shall impose such contract sanctions as it or the USDOT may determine to be <br />appropriate, including, but not limited to: <br />• Withholding of payments to the contractor under the contract until the <br />contractor complies, and/or; <br />• Cancellation, termination, or suspension of the contract, in whole or in part <br />Page 8 <br />