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525.010.40
<br />CONSTRUCTION
<br />OGC - 11103
<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 />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," provided 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 entity is not debarred,
<br />suspended, ineligible, or voluntarily excluded from the covered transaction, unless it knows that the certification 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 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 />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 debarred, suspended,
<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 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 and that
<br />employees are treated during employment without regard, to their race, age, religion, color, gender, national origin,
<br />disability or marital status. Such action shall include, but not be limited to, the following: employment upgrading,
<br />demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or 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 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 standard commercial
<br />supplies or raw materials. When the project involves installation, construction, demolition, removal, site 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 nondiscrimination 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 requirements as imposed by
<br />the ADA, the regulations of the federal government issued thereunder, and assurance by the Agency pursuant thereto.
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