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Exhibit H
<br /> 13
<br /> Title VI Assurances
<br /> During the performance of this AGREEMENT,the CONSULTANT,for itself,its assignees,and successors in
<br /> interest agrees as follows:
<br /> 1. Compliance with Regulations:The CONSULTANT shall comply with the Regulations relative to non-
<br /> discrimination in federally assisted programs of the AGENCY,Title 49,Code of Federal Regulations,Part
<br /> 21,as they may be amended from time to time(hereinafter referred to as the"REGULATIONS"), which are
<br /> herein incorporated by reference and made a part of this AGREEMENT.
<br /> 2. Non-discrimination:The CONSULTANT,with regard to the work performed during the AGREEMENT,
<br /> shall not discriminate on the grounds of race,color,sex,or national origin in the selection and retention of
<br /> sub-consultants, including procurement of materials and leases of equipment. The CONSULTANT shall not
<br /> participate either directly or indirectly in the discrimination prohibited by Section 21.5 of the
<br /> REGULATIONS, including employment practices when the AGREEMENT covers a program set forth in
<br /> Appendix B of the REGULATIONS.
<br /> 3. Solicitations for Sub-consultants,Including Procurement of Materials and Equipment: In all solicitations
<br /> either by competitive bidding or negotiations made by the CONSULTANT for work to be performed under a
<br /> sub-contract,including procurement of materials or leases of equipment,each potential sub-consultant or
<br /> supplier shall be notified by the CONSULTANT of the CONSULTANT'S obligations under this
<br /> AGREEMENT and the REGULATIONS relative to non-discrimination on the grounds of race,color,sex or
<br /> national origin.
<br /> 4. Information and Reports:The CONSULTANT shall provide all information and reports required by the
<br /> REGULATIONS or directives issued pursuant thereto,and shall permit access to its books, records,accounts,
<br /> other sources of information,and its facilities as may be determined by AGENCY,STATE or the Federal
<br /> Highway Administration(FHWA)to be pertinent to ascertain compliance with such REGULATIONS,orders
<br /> and instructions. Where any information required of a CONOSULTANT is in the exclusive possession of
<br /> another who fails or refuses to furnish this information,the CONSULTANT shall so certify to the AGENCY,
<br /> STATE or the FHWA as appropriate,and shall set forth what efforts it has made to obtain the information.
<br /> 5. Sanctions for Non-compliance: In the event of the CONSULTANT'S non-compliance with the non-
<br /> discrimination provisions of this AGREEMENT,the AGENCY shall impose such AGREEMENT sanctions
<br /> as it,the STATE or the FHWA may determine to be appropriate, including,but not limited to:
<br /> • Withholding of payments to the CONSULTANT under the AGREEMENT until the
<br /> CONSULTANT complies,and/or;
<br /> • Cancellation,termination,or suspension of the AGREEMENT, in whole or in part
<br /> 6. Incorporation of Provisions:The CONSULTANT shall include the provisions of paragraphs(1)through(5)
<br /> in every sub-contract, including procurement of materials and leases of equipment,unless exempt by the
<br /> REGULATIONS,or directives issued pursuant thereto. The CONSULTANT shall take such action with
<br /> respect to any sub-consultant or procurement as the AGENCY,STATE or FHWA may direct as a means of
<br /> enforcing such provisions including sanctions for non-compliance.
<br /> Provided,however,that in the event a CONSULTANT becomes involved in,or is threatened with,litigation
<br /> with a sub-consultant or supplier as a result of such direction,the CONSULTANT may request the AGENCY
<br /> and the STATE enter into such litigation to protect the interests of the AGENCY and the STATE and, in
<br /> addition,the CONSULTANT may request the United States enter into such litigation to protect the interests
<br /> of the United States.
<br /> 13
<br /> DOT Form 140-089 EF Page 30
<br /> Revised 6/05
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