14-Title VI Nondiscrimination Provisions.pdf

CONTRACT NO._____________________ Fed Project Bid Book (REV. 6/2026) PROJECT: 181st Ave Safety Upgrades: SE Stark St to E Burnside St

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(K) Title VI Nondiscrimination Provisions

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TITLE VI: NONDISCRIMINATION PROVISIONS

During the performance of this contract, the contractor for itself, its assignees and successors in interest (hereinafter referred to as the “Contractor”) agrees as follows:

1. Compliance with Regulations: The Contractor shall comply with the Regulations relative to nondiscrimination in Federally-assisted programs of the U.S. Department of Transportation (hereinafter, “USDOT”) Title 49, Code of Federal Regulations, Part 21, as they may be amended from time to time, (hereinafter referred to as the Regulations), which are herein incorporated by reference and made a part of this Contract. The above designated regulations may be amended from time to time (hereinafter referred to as the “Regulation” or “Regulations”), and are herein incorporated by reference and made a part of this contract.

2. Nondiscrimination in Subcontracting and Employment: The Contractor, with regard to the work performed during the contract, shall not discriminate on the basis of race, color, national origin, Limited English Proficiency, sex, income, age, or disability, in the selection and retention of subcontractors, including procurements of materials and leases of equipment. The Contractor shall not participate either directly or indirectly in the discrimination prohibited by the above referenced applicable Regulation, including employment practices when the contract covers a program set forth in said CFR.

3. Solicitations for Subcontractors, including Procurements of Materials and

Equipment: In all solicitations made by the Contractor, either by competitive bidding or negotiation for work to be performed under a subcontract, including procurements of materials or leases of equipment; each potential subcontractor or supplier shall be notified by the Contractor of the Contractor’s obligations under this contract and the above referenced applicable Regulation relative to nondiscrimination on the basis of race, color, national origin, Limited English Proficiency, sex, income, age, or disability.

4. Information and Reports: The Contractor shall provide all information and reports required by the above referenced applicable Regulation or directives issued pursuant thereto, and shall permit access to its books, records, accounts, other sources of information, and its facilities as may be determined by the applicable federal agency to be pertinent to ascertain compliance with such Regulations, orders and instructions. Where any information required of a Contractor is in the exclusive possession of another who fails or refuses to furnish this information the Contractor shall so certify to the applicable federal agency as appropriate, and shall set forth what efforts it has made to obtain the information.

5. Sanctions for Noncompliance: In the event of the Contractor’s noncompliance with the nondiscrimination provisions of this contract, the applicable federal agency shall impose such contract sanctions as it may determine to be appropriate, including, but not limited to:

a. withholding of payments to the Contractor under the contract until the Contractor complies,

b. and/or, cancellation, termination or suspension of the contract, in whole or in part.

6. Incorporation of Provisions: The Contractor shall include the provisions of paragraphs

(1) through (6) in every subcontract, including procurements of materials and leases of

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equipment, unless exempt by the applicable Regulation, or directives issued pursuant thereto. The Contractor shall take such action with respect to any subcontract or procurement as the applicable federal agency may direct as a means of enforcing such provisions including sanctions for noncompliance.

7. Form FHWA-1273 must be physically incorporated in each construction contract funded under Title 23 (excluding emergency contracts solely intended for debris removal). The contractor (or subcontractor) must insert this form in each subcontract and further require its inclusion in all lower tier subcontracts (excluding purchase orders, rental agreements and other agreements for supplies or services).