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�? Exhibit H <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 <br /> are 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 <br /> AGREEMENT, shall not discriminate on the grounds of race,color,sex,or national origin in the selection <br /> and retention of sub-consultants, including procurement of materials and leases of equipment.The <br /> CONSULTANT shall not participate either directly or indirectly in the discrimination prohibited by <br /> Section 21.5 of the REGULATIONS, including employment practices when the AGREEMENT covers a <br /> program set forth in 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 <br /> under a sub-contract, including procurement of materials or leases of equipment,each potential sub- <br /> consultant or supplier shall be notified by the CONSULTANT of the CONSULTANT'S obligations under <br /> this AGREEMENT and the REGULATIONS relative to non-discrimination on the grounds of race,color, <br /> sex, or 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, <br /> accounts, other sources of information, and its facilities as may be determined by AGENCY, STATE or <br /> the Federal Highway Administration(FHWA)to be pertinent to ascertain compliance with such <br /> REGULATIONS,orders and instructions. Where any information required of a CONSULTANT is in the <br /> exclusive possession of another who fails or refuses to furnish this information,the CONSULTANT shall <br /> so certify to the AGENCY, STATE or the FHWA as appropriate, and shall set forth what efforts it has <br /> 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 <br /> sanctions 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 /> DOT Form 140-089 EF Exhibit H <br /> Revised 6/05 6 0 <br />