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MnDOT Agreement No. 1033695
<br /> EXHIBIT C
<br /> Non-Discrimination Provisions of Title VI of the Civil Rights Act of 1964
<br /> During the performance of this contract, the contractor, for itself, its assignees and successors in interest (hereinafter
<br /> referred to as the "contractor"), agrees as follows:
<br /> 1. Compliance with Regulations: The Contractor will comply with Regulations of the Department of Transportation
<br /> relative to nondiscrimination in federally-assisted programs of the Federal Highway Administration (Title 49, Code of
<br /> Federal Regulation, Part 21, hereinafter referred to as the Regulations), which are herein incorporated by reference
<br /> and made a part of this contract.
<br /> 2. Nondiscrimination: The contractor, with regard to the work performed by it after award and prior to completion of
<br /> the contract work, will not discriminate on the ground of race, color, or national origin in the selection and retention
<br /> of subcontractors, including procurements of materials and leases of equipment. The contractor will not participate
<br /> either directly or indirectly in the discrimination prohibited by Section 21.5 of the Regulations, including employment
<br /> practices when the contract covers a program set forth in Appendix"A", "B" and "C".
<br /> 3. Solicitations for Subcontracts, Including Procurements of Materials and Equipment: In all solicitations either by
<br /> competitive bidding or negotiation made by the contractor for work to be performed under a subcontract, including
<br /> procurements of materials or equipment, each potential subcontractor or supplier shall be notified by the contractor
<br /> of the contractor's obligation under this contract and the Regulations relative to discrimination on the ground of race,
<br /> color or national origin.
<br /> 4. Information and Reports:The contractor will provide all information and reports required by the Regulations,or orders
<br /> and instructions issued pursuant thereto, and will permit access to its books, records, accounts, other sources of
<br /> information, and its facilities as may be determined by the Department of Transportation or the Federal Highway
<br /> Administration to be pertinent to ascertain compliance with such Regulations, orders and instructions. Where any
<br /> information required of a contractor is in the exclusive possession of another who fails or refuses to furnish this
<br /> information,the contractor shall so certify the Department of Transportation, or the Federal Highway Administration
<br /> as appropriate, and shall set forth what efforts it has made to obtain the information.
<br /> 5. Sanctions for noncompliance: In the event of contractor's noncompliance with the nondiscrimination provisions of
<br /> this contract, the Department of Transportation shall impose such contract sanctions as it or the Federal Highway
<br /> Administration may determine to be appropriate, including but not limited to,
<br /> a. Withholding of payments to the contractor under the contract until the contractor complies, and/or
<br /> b. Cancellation,termination or suspension of the contract, in whole or in part.
<br /> 6. Incorporation of Provisions: The contractor will include the provisions of paragraph (1) through (5) in every
<br /> subcontract, including procurements of materials and leases of equipment, unless exempt by the Regulations, order,
<br /> or instructions issued pursuant thereto. The contractor will take such action with respect to any subcontract or
<br /> procurement as the Department of Transportation or the Federal Highway Administration may direct as a means of
<br /> enforcing such provisions including sanctions for noncompliance: Provided, however, that, in the event a contractor
<br /> becomes involved in, or is threatened with, litigation with a subcontractor or supplier as a result of such direction,the
<br /> contractor may request the State to enter into such litigation to protect the interests of the State, and in addition,the
<br /> contractor may request the United States to enter into such litigation to protect the interests of the United States.
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