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525.010.40
<br /> CONSTRUCTION
<br /> OGC - 11/03
<br /> Page 7 of 12
<br /> The Agency further agrees by executing this Agreement that it shall not knowingly enter into any contracts with a person
<br /> who is debarred , suspended , declared ineligible , or voluntarily excluded from participation in this covered transaction
<br />,
<br /> unless authorized by the Department.
<br /> The Agency further agrees by submitting this Agreement that it will include the clause titled " Certification Regarding
<br /> Debarment, Suspension , Ineligibility and Voluntary Exclusion-Lower Tier Covered Transaction , " provide by the
<br /> Department, without modification , in all contracts and in all solicitations for contracts . .
<br /> The Agency may rely upon a certification of a prospective sub-contractor that the person or entitV is not
<br /> debarred ,
<br /> suspended , ineligible , or voluntarily excluded from the covered transaction , unless it knows that the certification
<br /> is
<br /> erroneous . The Agency may decide the method and frequency by which it determines the eligibility of its sub-contractors .
<br /> The Agency may , but is not required to , check the nonprocurement portion of the " Lists of Parties Excluded From Federal
<br /> Procurement or Nonprocurement Programs" (Nonprocurement List) which is compiled by the General Services
<br /> Administration .
<br /> Nothing contained in the foregoing shall be construed to require establishment of a system of records in order to render
<br /> in good faith the certification required by this clause . The knowledge and information of the Agency is not required
<br /> to
<br /> exceed that which is normally processed by a prudent person in the ordinary course of business dealings .
<br /> Unless authorized by the Department, if the Agency knowingly enters into a contract with a person who is suspended ,
<br /> debarred , ineligible , or voluntarily excluded from participation in this transaction , in addition to other remedies available
<br />,
<br /> the Department may terminate this agreement for cause or default.
<br /> Certification Regarding Debarment, Suspension , Ineligibility and Voluntary Exclusion :
<br /> The Agency certifies , by execution of this Agreement, that neither it nor its principals is presently de arred , suspended
<br />,
<br /> proposed for debarment, declared ineligible , or voluntarily excluded from participation in this transaction by any Federal
<br /> department or agency .
<br /> Where the Agency is unable to certify to any of the statements above , an explanation shall be attached to this
<br /> proposal .
<br /> 12 .00 Restrictions , Prohibitions , Controls , and Labor Provisions :
<br /> 12.01 Equal Employment Opportunity : In connection with the performance of any project, the Agency shall
<br /> not
<br /> discriminate against any employee or applicant for employment because of race , age , religion , color, sex, national origin ,
<br /> disability or marital status . The Agency will take affirmative action to ensure that applicants are employed
<br /> and that
<br /> employees are treated during employment without regard to their race , age , religion , color, genc er, national
<br /> origin ,
<br /> disability or marital status . Such action shall include , but not be limited to , the following : empl
<br /> yment upgrading ,
<br /> demotion , or transfer; recruitment or recruitment advertising ; layoff or termination ; rates of pay or
<br /> other forms of
<br /> compensation ; and selection for training , including apprenticeship . The Agency shall insert the foregoing provision in all
<br /> contracts modified only to show the particular contractual relationship in all its contracts in
<br /> connection with the
<br /> development of operation of the project, except contracts for the standard commercial supplies or raw materials , and shall
<br /> require all such contractors to insert a similar provision in all subcontracts , except subcontracts for s andard commercial
<br /> supplies or raw materials . When the project involves installation , construction , demolition , removal , s to improvement, or
<br /> similar work, the Agency shall post, in conspicuous places available to employees and applicants for employment for
<br /> project work, notices to be provided by the Department setting forth the provisions of the nondiscriminal ion clause .
<br /> 12 . 02 Title VI - Civil Rights Act of 1964 : The Agency will comply with all the requirements imposed by Title VI of the
<br /> Civil Rights Act of 1964 (42 U . S . C . 2000d) , the Regulations of the Federal Department of Transportation issued
<br /> thereunder, and the assurance by the Agency pursuant thereto .
<br /> The Agency shall include provisions in all contracts with third parties that ensure compliance with Title VI of the Civil
<br /> Rights Act of 1964 , 49 C . F . R . , Part 21 , and related statutes and regulations .
<br /> 12 . 03 Americans with Disabilities Act of 1990 (ADA) : The Agency will comply with all the requireme its as imposed by
<br /> the ADA, the regulations of the federal government issued thereunder, and assurance by the Agency pursuant thereto .
<br />
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