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Version 6-8-2017
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<br />12. Non-Discrimination.
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<br />A. Pursuant to I.C. 22-9-1-10, the Civil Rights Act of 1964, and the Americans with Disabilities Act,
<br />the CONSULTANT shall not discriminate against any employee or applicant for employment, to
<br />be employed in the performance of work under this Contract, with respect to hire, tenure, terms,
<br />conditions or privileges of employment or any matter directly or indirectly related to employment,
<br />because of race, color, religion, sex, disability, national origin, ancestry or status as a veteran.
<br />Breach of this covenant may be regarded as a material breach of this Contract. Acceptance of this
<br />Contract also signifies compliance with applicable federal laws, regulations, and executive orders
<br />prohibiting discrimination in the provision of services based on race, color, national origin, age, sex,
<br />disability or status as a veteran.
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<br />B The CONSULTANT understands that the LPA is a recipient of federal funds. Pursuant to that
<br />understanding, the CONSULTANT agrees that if the CONSULTANT employs fifty (50) or more
<br />employees and does at least $50,000.00 worth of business with the State and is not exempt, the
<br />CONSULTANT will comply with the affirmative action reporting requirements of 41 CFR 60-1.7.
<br />The CONSULTANT shall comply with Section 202 of executive order 11246, as amended, 41 CFR
<br />60-250, and 41 CFR 60-741, as amended, which are incorporated herein by specific reference.
<br />Breach of this covenant may be regarded as a material breach of Contract.
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<br />It is the policy of INDOT to assure full compliance with Title VI of the Civil Rights Act of 1964,
<br />the Americans with Disabilities Act and Section 504 of the Vocational Rehabilitation Act and
<br />related statutes and regulations in all programs and activities. Title VI and related statutes require
<br />that no person in the United States shall on the grounds of race, color or national origin be
<br />excluded from participation in, be denied the benefits of, or be subjected to discrimination under
<br />any program or activity receiving Federal financial assistance. (INDOT’s Title VI enforcement
<br />shall include the following additional grounds: sex, ancestry, age, income status, religion and
<br />disability.)
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<br />C. The CONSULTANT shall not discriminate in its selection and retention of contractors, including
<br />without limitation, those services retained for, or incidental to, construction, planning, research,
<br />engineering, property management, and fee contracts and other commitments with persons for
<br />services and expenses incidental to the acquisitions of right-of-way.
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<br />D. The CONSULTANT shall not modify the Project in such a manner as to require, on the basis of
<br />race, color or national origin, the relocation of any persons. (INDOT's Title VI enforcement will
<br />include the following additional grounds: sex, ancestry, age, income status, religion and
<br />disability).
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<br />E. The CONSULTANT shall not modify the Project in such a manner as to deny reasonable access
<br />to and use thereof to any persons on the basis of race, color or national origin. (INDOT’s Title VI
<br />enforcement will include the following additional grounds; sex, ancestry, age, income status,
<br />religion and disability.)
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<br /> F. The CONSULTANT shall neither allow discrimination by contractors in their selection and
<br />retention of subcontractors, leasors and/or material suppliers, nor allow discrimination by their
<br />subcontractors in their selection of subcontractors, leasors or material suppliers, who participate
<br />in construction, right-of-way clearance and related projects.
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<br />G. The CONSULTANT shall take appropriate actions to correct any deficiency determined by itself
<br />and/or the Federal Highway Administration (“FHWA”) within a reasonable time period, not to
<br />exceed ninety (90) days, in order to implement Title VI compliance in accordance with INDOT’s
<br />assurances and guidelines.
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