|
b. Covenant Assuring Nondiscrimination. The Contractor agrees to include a
<br />covenant in the title of the real property acquired for the Project to assure nondiscrimination
<br />during the useful life of the Project.
<br />C. Recordinq Title to Real Property. To the extent required by FTA and the
<br />Department, the Contractor agrees to record the Federal and State interest in title to real
<br />property used in connection with the Project.
<br />d. Department Approval of Changes in Real Property Ownership. The
<br />Contractor agrees that it will not dispose of, modify the use of, or change the terms of the real
<br />property title, or other interest in the site and facilities used in the Project without prior written
<br />permission and instructions from the Department.
<br />Section 18. Construction. Except to the extent the Department determines otherwise in
<br />writing, the Contractor agrees as follows:
<br />a. Drafting Review, and Approval of Construction Plans and Specifications.
<br />The Contractor agrees to submit drawings, designs, and /or description of work for construction,
<br />renovation, or facility improvement projects, including the purchase or construction of bus
<br />shelters to the Department for its review and approval prior to solicitation.
<br />b. DBE /MBE/WBE Participation. The Contractor agrees to record and report
<br />DBE /MBE /WBE business good faith efforts in accordance with N.C.G.S. 143- 128.2(f).
<br />C. Supervision of Construction. The Contractor agrees to provide and maintain
<br />competent and adequate engineering supervision at the construction site to ensure that the
<br />complete work conforms to the approved plans and specifications.
<br />d. Construction Reports. The Contractor agrees to provide progress reports
<br />and other data and information as may be required by the Department.
<br />e. Project Management for Major Capital Projects. To the extent applicable, the
<br />Contractor agrees to comply with FTA regulations, "Project Management Oversight," 49 C.F.R.
<br />Part 633, and any subsequent Project Management Oversight regulations FTA may issue.
<br />f. Seismic Safety. The Contractor agrees to comply with the Earthquake
<br />Hazards Reduction Act of 1977, as amended, 42 U.S.C. §§ 7701 et seq., with Executive Order
<br />No. 12699, "Seismic Safety of Federal and Federally- Assisted or Regulated New Building
<br />Construction," 42 U.S.C. § 7704 note, and with U.S. DOT regulations, "Seismic Safety," 49
<br />C.F.R. Part 41, specifically, 49 C.F.R. § 41.117.
<br />Section 19. Employee Protections.
<br />a. Construction Activities. The Contractor agrees to comply, and assures the
<br />compliance of each third party contractor and each subrecipient at any tier of the Project, with
<br />the following laws and regulations providing protections for construction employees:
<br />(1) Davis -Bacon Act, as amended, 49 U.S.C. § 5333(a), which requires
<br />compliance with the Davis -Bacon Act, 40 U.S.C. §§ 3141 et seq., and implementing U.S. DOL
<br />regulations, Labor Standards Provisions Applicable to Contracts Governing Federally Financed
<br />and Assisted Construction (also Labor Standards Provisions Applicable to Nonconstruction
<br />Contracts Subject to the Contract Work Hours and Safety Standards Act)," 29 C.F.R. Part 5;
<br />(2) Contract Work Hours and Safety Standards Act, as amended, 40
<br />U.S.C. §§ 3701 et seq., specifically, the wage and hour requirements of Section 102 of that Act
<br />at 40 U.S.C. § 3702, and implementing U.S. DOL regulations, Labor Standards Provisions
<br />Applicable to Contracts Governing Federally Financed and Assisted Construction (also Labor
<br />Standards Provisions Applicable to Nonconstruction Contracts Subject to the Contract Work
<br />Hours and Safety Standards Act)," 29 C.F.R. Part 5; and the safety requirements of Section 107
<br />of that Act at 40 U.S.C. § 3704, and implementing U.S. DOL regulations, "Safety and Health
<br />Regulations for Construction," 29 C.F.R. Part 1926; and
<br />(3) Copeland "Anti- Kickback ". Act, as amended, 18 U.S.C. § 874, and
<br />implementing U.S. DOL regulations, "Contractors and Subcontractors on Public Building or
<br />Page 27 of 36
<br />
|