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Title V Al JA`s <. tt,7a r c s1 `5
<br />During the performance of this AGREEMENT, the CONSULTANT, for itself,. its assignees, and successors
<br />in 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,
<br />Part 21, as 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 AGREEMENT.
<br />Non-discrimination: The CONSULTANT, with regard to the work performed during this AGREEMENT;
<br />shall not discriminate on the grounds of race, color, sex, or national origin in the selection and retention
<br />of sub -consultants, including procurement of materials and leases of equipment. The CONSULTANT
<br />shall not participate either directly or indirectly in the discrimination prohibited by Section 21.5 of the
<br />REGULATIONS, including employment practices when this AGREEMENT covers a program set forth
<br />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 />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 the AGENCY, the
<br />STATE, or the Federal Highway Administration (FIl WA) to he 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, the STATE, or the FH WA 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 sanctions
<br />as it, the STATE, or the F'IIWA may determine to be appropriate, including, but not limited to:
<br />• Withholding of payments to the CONSULTANT under this AGREEMENT until the CONSULTANT
<br />complies, and/or•,
<br />• Cancellation, termination, or suspension of this AGREEMENT, in whole or in part.
<br />6. incorporation of Provisions: The CONSULTANT shall include the provisions of paragraphs (1) through
<br />(5) in every subcontract, 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 STATE, the AGENCY, or FHWA may direct as a means
<br />ofenforcing such provisions including sanctions for non-compliance.
<br />Provided, however, that in the event a CONSULTANT becomes involved in, or is threatened with,
<br />litigation with a sub -consultant or supplier as a result of such direction, the CONSULTANT may request
<br />the AGENCY enter into such litigation to protect the interests of the STATE and/or the AGENCY and, in
<br />addition, the CONSULTANT may request the United States enter into such litigation to protect the interests
<br />of the United States. Aereeinent Number: KCPW 17-19GE02
<br />WSDOT Form 140-089 EF Exhibit F Page 1 of 1
<br />Revised 1013012014
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