S Agreement - Public Transportation State Capital Grant Agreement for Public Body $209,500

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assures the compliance of each third party contractor at any tier of the Project and each sub- recipient at any tier of the Project, with all equal employment opportunity (EEO) provisions of 49 U.S.C. § 5332, with Title VII of the Civil Rights Act of 1964, as amended, 42 U.S.C. § 2000e, and implementing Federal regulations and any subsequent amendments thereto. The Contractor agrees that it will not discriminate against any employee or applicant for employment because of race, color, creed, sex, disability, age, or national origin. The Contractor agrees to take affirmative action to ensure that applicants are employed and that employees are treated during employment without regard to their race, color, creed, sex, disability, age, or national origin. Such action shall include, but not be limited to, employment, upgrading, demotion or transfer, recruitment or recruitment advertising, layoff or termination.; rates of pay or other forms of compensation; and selection for training, including apprenticeship. d. Minority and Women Business Enterprise (MBE/WBE). (1) Policy. It is the policy of the North Carolina Department of ,Transportation that Minority Business Enterprises and Women Business Enterprises (MBE/WBEs) as defined in GS 136-28.4 shall have the equal opportunity to compete fairly for and to participate in the performance of contracts financed by State Funds. The Firm is also encouraged to give every opportunity to allow MBE/VI/BE participation in Supplemental Agreements. (2) Obligation. The Firm, sub-consultant, and sub-firm shall not discriminate on the basis of race, religion, color, creed, national origin, sex, handicapping condition or age in the performance of this contract. The Firm shall comply with applicable requirements of GS 136-28.4 in the award and administration of.federally assisted contracts. Failure by the Firm to comply with these requirements is a material breach of this contract, which will result in the termination of this contract or such other remedy, as the Department deems necessary. (3) Goals. Even. though specific MBE/1NBE goals are not established for this project, the Department encourages the Firm to have participation from MBE/WBE contractors and/or suppliers. (4) Listing of MBE/WBE Sub-contractors. The firm, at the time the Letter of Interest is submitted, shall submit a listing of all known MBE/V1/BE firms that will participate in the performance of the identified work. The participation shall be submitted on the Department's Form RS-2. In the event the firm has no MBE/WBE participation, the firm shall indicate this on the Form RS-2 by entering the word 'None' or the number `zero' and the form shall be signed. Form RS-2 may be accessed on the website at https~//apps dot state.nc.us/guickfind/forms/Default.aspx. (5) Certified Transportation Firms Directory. Real-time information about firms doing business with the Department and firms that are certified through North Carolina's Unified Certification Program is available in the Directory of Transportation Firms. The Directory can be accessed by the link on the Department's homepage or kiy entering https~//apps dot.state.nc.us/vendor/directoN in the address bar of your web browser. Only firms identified as MBE/WBE certified in the Directory shall be listed in the proposal. The listing of an individual firm in the Department's directory shall not be construed as an endorsement of the firm's capability to perform certain work. (6) Reporting MBE/WBE Enterprise Participation. When payments are made to MBE/WBE firms, including material suppliers, firms at all levels (Firm, sub-consultant or sub-firm) shall provide the Contract Administrator with an accounting of said payments. The accounting shall be listed on the Department's Subcontractor Payment Information Updated 07/26/10 13