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<br />V.
<br />
<br />To ensure that the "Americans With Disabilities Act of 1990" is in compliance during the term of this
<br />agreement the Contractor shall adhere to the following: the Uniform Federal Accessibility Standards
<br />contained in 41 CFR 101-19.6 (Appendix A), the Americans With Disabilities Act, 36 CFR 1191, the
<br />North Dakota Century Code section 48-02-19, and any amendments thereto.
<br />
<br />VI.
<br />
<br />The Contractor will comply with all the requirements imposed by Title VI of the Civil Rights Act of 1964
<br />(78 STAT. 252), the regulations of the federal Department of Transportation, 49 CFR, Part 21, and
<br />Executive Order 11246.
<br />
<br />The Contractor shall not discriminate against any employee or applicant for employment because of
<br />race, color, national origin, sex, religion, age, physical or mental disability or handicap, political opinions
<br />or affiliation, or status with regard to marriage or public assistance. The Contractor shall take
<br />affirmative action to ensure that applicants are employed and that employees are treated during
<br />employment without regard to race, color, national origin, sex, religion, age, physical or mental disability
<br />or handicap, political opinions or affiliation, or status with regard to marriage or public assistance. Such
<br />actions shall include but not be limited to the following: employment, upgrading, demotion or transfer,
<br />recruitment or advertising, layoff or termination, rates of payor other forms of compensation, and
<br />selection for training including apprenticeship.
<br />
<br />If the Contractor fails to comply with the federal or state civil rights requirements of this contract,
<br />sanctions may be imposed by the FHWA or NDDOT as may be appropriate, including, but not limited
<br />to:
<br />
<br />A. Withholding of payments to the Contractor under the contract until the Contractor complies; or
<br />
<br />B. Cancellation, termination, or suspension of the contract, in whole or in part.
<br />
<br />The Contractor agrees to cooperate with NDDOT in meeting its commitments and goals with regard to
<br />the maximum utilization of disadvantaged business enterprises and will use its best efforts to ensure
<br />that disadvantaged business enterprises shall have the maximum practicable opportunity to compete
<br />for subcontract work under this agreement. The Contractor shall comply with requirements of 49 CFR 26.
<br />
<br />The Contractor shall ensure that no qualified handicapped individual, as defined in 29 USC 794 and 49
<br />CFR Part 27 shall, solely by reason of this handicap, be excluded from participation in, be denied the
<br />benefits of, or otherwise be subjected to discrimination under any program or activity that receives
<br />benefits from the assistance under this agreement.
<br />
<br />VII.
<br />
<br />The Contractor shall account for program income related to the project and shall use such income to
<br />further program objectives.
<br />
<br />VIII.
<br />
<br />The Contractor shall maintain accounting and project records that are sufficient to prepare required
<br />reports, trace funds to level of expenditure, provide internal control by progress, provide budget control,
<br />assure allowable costs, provide source documentation, and assure proper cash management. Such
<br />records shall be made available to NDDOT and the federal government for inspection and audit during
<br />the contract term and for three years after the date of final payment, unless:
<br />
<br />Any litigation, claim, or audit is started before the expiration of three years, then the records shall be
<br />retained until such action is satisfied.
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<br />DOT 16870 (Div, 09)
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