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Page 13 of 40
<br /> Contractor agrees that Project closeout by the Department does not invalidate any continuing
<br /> requirements imposed by this Agreement.
<br /> Section 13. Civil Rights. The Contractor agrees to comply with all applicable civil rights
<br /> laws and implementing regulations including, but not limited to, the following:
<br /> a. Nondiscrimination in Federal Public Transportation Programs. The
<br /> Contractor agrees to comply, and assures the compliance of each third party contractor at any
<br /> tier and each sub-recipient at any tier of the Project, with the provisions of 49 U.S.C. § 5332,
<br /> which prohibit discrimination on the basis of race, color, creed, national origin, sex, or age, and
<br /> prohibits discrimination in employment or business opportunity.
<br /> b. Nondiscrimination —Title VI of the Civil Rights Act. The Contractor agrees to
<br /> comply, and assures the compliance of each third party contractor at any tier and each sub-
<br /> recipient at any tier of the Project, with all provisions prohibiting discrimination on the basis of
<br /> race, color, or national origin of Title VI of the Civil Rights Act of 1964, as amended, 42 U.S.C.
<br /> §§ 2000d et seq., and with U.S. DOT regulations, "Nondiscrimination in Federally-Assisted
<br /> Programs of the Department of Transportation — Effectuation of Title VI of the Civil Rights Act,"
<br /> 49 C.F.R. Part 21.
<br /> C. Equal Employment Opportunity. The Contractor agrees to comply, and
<br /> assures the compliance of each third party contractor at any tier of the Project and each sub-
<br /> recipient at any tier of the Project, with all equal employment opportunity (EEO) provisions of 49
<br /> U.S.C. § 5332, with Title VII of the Civil Rights Act of 1964, as amended, 42 U.S.C. § 2000e,
<br /> and implementing Federal regulations and any subsequent amendments thereto. Accordingly:
<br /> (1) General. The Contractor agrees that it will not discriminate against any
<br /> employee or applicant for employment because of race, color, creed, sex, disability, age, or
<br /> national origin. The Contractor agrees to take affirmative action to ensure that applicants are
<br /> employed and that employees are treated during employment without regard to their race, color,
<br /> creed, sex, disability, age, or national origin. Such action shall include, but not be limited to,
<br /> employment, upgrading, demotion or transfer, recruitment or recruitment advertising, layoff or
<br /> termination; rates of pay or other forms of compensation; and selection for training, including
<br /> apprenticeship.
<br /> (2) Equal Employment Opportunity Reguirements for Construction
<br /> Activities. For activities determined by the U.S. Department of Labor (U.S. DOL) to qualify as
<br /> "construction," the Contractor agrees to comply and assures the compliance of each third party
<br /> contractor at any tier or sub-recipient at any tier of the Project, with all applicable equal
<br /> employment opportunity requirements of U.S. DOL regulations, "Office of Federal Contract
<br /> Compliance Programs, Equal Employment Opportunity, Department of Labor," 41 C.F.R. Parts
<br /> 60 et seq., which implement Executive Order No. 11246, "Equal Employment Opportunity," as
<br /> amended by Executive Order No. 11375, "Amending Executive Order No. 11246 Relating to
<br /> Equal Employment Opportunity," 42 U.S.C. § 2000(e) note, and also with any Federal laws,
<br /> regulations, and directives affecting construction undertaken as part of the Project.
<br /> d. Disadvantaged Business Enterprises.
<br /> (1) Policy. It is the policy of the North Carolina Department of Transportation
<br /> that Disadvantaged Business Enterprises (DBEs) as defined in 49 CFR Part 26 shall have the
<br /> equal opportunity to compete fairly for and to participate in the performance of contracts
<br /> financed in whole or in part by Federal Funds.
<br /> The Contractor is also encouraged to give every opportunity to allow DBE participation in
<br /> Supplemental Agreements.
<br /> (2) Obligation. The Contractor, sub-consultant, and sub-contractor shall not
<br /> discriminate on the basis of race, religion, color, national origin, age, disability or sex in the
<br /> performance of this contract. The Contractor shall comply with applicable requirements of 49
<br /> CFR Part 26 in the award and administration of federally assisted contracts. Failure by the
<br /> Revised 02/20/13
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