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38 <br />Contractor with respect to the Contractor's obligation under this Agreement or the Grant <br />Agreement, so that the transferee becomes obligated as if the transferee had been the <br />original party. <br />Section 27. 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 <br />Specifications. The Contractor agrees to submit drawings, designs, and/or description of <br />work for construction, renovation, or facility improvement projects, including the purchase <br />or construction of bus shelters to the Department for its review and approval prior to <br />solicitation. <br />b. DBE/MBEM/BE Participation. The Contractor agrees to record and <br />report DBE/MBE/WBE business good faith efforts in accordance with N.C.G.S. 143- <br />128.2(f). <br />c. Supervision of Construction. The Contractor agrees to provide and <br />maintain competent and adequate engineering supervision at the construction site to <br />ensure that the complete work conforms to the approved plans and specifications. <br />d. Construction Reports. The Contractor agrees to provide progress <br />reports and other data and information as may be required by the Department. <br />e. Project Management for Major Capital Projects. To the extent <br />applicable, the Contractor agrees to comply with FTA regulations, "Project Management <br />Oversight," 49 C.F.R. Part 633, and any subsequent Project Management Oversight <br />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 <br />Order No. 12699, "Seismic Safety of Federal and Federally-Assisted or Regulated New <br />Building Construction," 42 U.S.C. § 7704 note, and with U.S. DOT regulations, "Seismic <br />Safety," 49 C.F.R. Part 41, specifically, 49 C.F.R. § 41.117. <br />Section 28. Employee Protections. <br />a. Construction Activities. The Contractor agrees to comply, and assures <br />the compliance of each third party contractor and each subrecipient at any tier of the <br />Project, with the following laws and regulations providing protections for construction <br />employees: <br />(1) Davis-Bacon Act, as amended, 49 U.S.C. § 5333(a), which <br />requires compliance with the Davis-Bacon Act, 40 U.S.C. §§ 3141 et seq., and <br />implementing U.S. DOL regulations, "Labor Standards Provisions Applicable to Contracts <br />Governing Federally Financed and Assisted Construction (also Labor Standards <br />Provisions Applicable to Non-construction Contracts Subject to the Contract Work Hours <br />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 <br />that Act at 40 U.S.C. § 3702, and implementing U.S. DOL regulations, "Labor Standards <br />Provisions Applicable to Contracts Governing Federally Financed and Assisted <br />Construction (also Labor Standards Provisions Applicable to Non-construction Contracts <br />Subject to the Contract Work Hours and Safety Standards Act)," 29 C.F.R. Part 5; and the <br />safety requirements of Section 107 of that Act at 40 U.S.C. § 3704, and implementing U.S. <br />DOL regulations, "Safety and Health Regulations for Construction," 29 C.F.R. Part 1926; <br />and <br />(3) Copeland "Anti-Kickback" Act, as amended, 18 U.S.C. § 874, and <br />Revised 1/6/10 <br />