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Version 6-8-2017 <br />7 <br />G. The CONSULTANT shall take appropriate actions to correct any deficiency determined by <br />itself and/or the Federal Highway Administration (“FHWA”) within a reasonable time period, <br />not to exceed ninety (90) days, in order to implement Title VI compliance in accordance with <br />INDOT’s assurances and guidelines. <br />H. During the performance of this Contract, the CONSULTANT, for itself, its assignees and <br />successors in interest (hereinafter referred to as the "CONSULTANT") agrees as follows: <br />(1) Compliance with Regulations: The CONSULTANT shall comply with the Regulation <br />relative to nondiscrimination in Federally-assisted programs of the Department of <br />Transportation (hereinafter, "DOT") Title 49, Code of Federal Regulations, Part 21, as <br />they may be amended from time to time, (hereinafter referred to as the Regulations), <br />which are herein incorporated by reference and made a part of this Contract. <br />(2) Nondiscrimination: The CONSULTANT, with regard to the work performed by it during <br />the Contract, shall not discriminate on the grounds of race, color, or national origin in the <br />selection and retention of subcontractors, including procurements of materials and leases <br />of equipment. The CONSULTANT shall not participate either directly or indirectly in the <br />discrimination prohibited by section 21.5 of the Regulations, including employment <br />practices when the contract covers a program set forth in Appendix B of the Regulations. <br />(3) Solicitations for SUBCONSULTANTS, Including Procurements of Materials and <br />Equipment: In all solicitations either by competitive bidding or negotiation made by the <br />CONSULTANT for work to be performed under a subcontract, including procurements <br />of materials or leases of equipment, each potential SUBCONSULTANT or supplier shall <br />be notified by the CONSULTANT of the CONSULTANT’S obligations under this <br />Contract and the Regulations relative to nondiscrimination on the grounds of race, color, <br />or national origin. <br />(4) Information and Reports: The CONSULTANT shall provide all information and reports <br />required by the Regulations or directives issued pursuant thereto, and shall permit access <br />to its books, records, accounts, other sources of information, and its facilities as may be <br />determined by the LPA or INDOT to be pertinent to ascertain compliance with such <br />Regulations, orders and instructions. Where any information required of a <br />CONSULTANT is in the exclusive possession of another who fails or refuses to furnish <br />this information the CONSULTANT shall so certify to the LPA, or INDOT as <br />appropriate, and shall set forth what efforts it has made to obtain the information. <br />(5) Sanctions for Noncompliance: In the event of the CONSULTANT’S noncompliance with <br />the nondiscrimination provisions of this contract, the LPA shall impose such contract <br />sanctions as it or INDOT may determine to be appropriate, including, but not limited to: <br />(a) withholding of payments to the CONSULTANT under the Contract until the <br />CONSULTANT complies, and/or <br />(b) cancellation, termination or suspension of the Contract, in whole or in part. <br />(6) Incorporation of Provisions: The CONSULTANT shall include the provisions of <br />paragraphs (1) through (6) in every subcontract, including procurements of materials and <br />leases of equipment, unless exempt by the Regulations, or directives issued pursuant <br />thereto.