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C. The Grantee agrees to comply, and assures the compliance of <br />each third party Grantee at any tier of the Project and each nuhrecipient at any tier of the <br />with all equal employment opportunity (EEO) provisions of 49 U.G.C. § 5332. with Title V1| of the <br />Civil Rights Act of1SO4. as amended, 42 U.S.C. 82UOUo mtonq.' and implementing Federal <br />regulations and any subsequent enoeDdnnenta thereto. Except to the extend FT/\ determines <br />otherwise in vvhtiDO' the recipient also agrees to follow all applicable Federal EEO directives that <br />may baissued, Accordingly: <br />/1> General, TbeGneDteeognaasthaditwi||Dotd/acri|niD8teagainatonyernp|oyeenrapp|icant <br />for employment because of race, color, nnaed, sex, disability, age, or national origin. The <br />Grantee agrees to take affirmative action to ensure that applicants are employed and that <br />employees are treated during employment without regard to their raoe, color, creed, sex, <br />disability, age, or national origin. Such action shall include, but not be limited to, employment, <br />upgrading, demotion or transfer, recruitment or recruitment advertising, layoff or termination; <br />[edea of pay or other forms of. compensation; and selection for training, including <br />apprenticeship. <br />/2\ Equal Employment OpportunitV Requirements for Construction Activities. For activities <br />determined by the U.S. Department of Labor (U.G. D{)[) to qualify as "construction," the <br />Grantee agrees to unrnp|y and assures the compliance of each third party Grantee at any, <br />tier oruUb[ecipleDtat any tier of the Project, wjtha||appUooh|eequa|ernp|oynnantopportunitv <br />requirements of U.S. DOL naQu/atinnn' "Office of Federal Contract Compliance P[ogranno, <br />Equal Employment Opportunity' Department ofLabor'"41 C.F.R. Parts GO ot.auq., vvh|nh <br />implement Executive Order No. 11240' "Equal Employment OppoduDitv'"es amended by <br />Executive Order No. 11375. "Amending Executive Order No. 11246 Relating to Equal <br />Employment OpportVnity'" 42 U.S.C. § 2000(e) Dota, and also with any Federal laws, regu/atiune.mnddi[ectivoaeffeotinQoonatruotioDuodeduhenoaportoftheProject. <br />d. Disadvantaged Business Enterprise ' <br />(1) PoUcv. It is the policy of the North Carolina Department of Transportation that Disadvantaged <br />Business Enterprises (DBEs) as defined in 49 C.F. R. Part 26 shall have the equal opportunity <br />to oonnpo1m fairly for and to participate in the padbrnnonoe of contracts financed in whole or <br />in part bvFederal Funds. The Grantee ioalso encouraged to give every opportunity tn allow <br />DBE participation in Supp|enneUta|Agreements. <br />(2) Obligation. The Gnantee, suboonsuKont, and subcontractor shall not discriminate on the <br />basis of race, ra|i0ion, no|nr' national origin, age, disability or sex in the performance ofthis <br />contract. The Grantee shall comply with applicable requirements of 49. C.F.R. Part 26 in. <br />the award and administration of federally assisted contracts. Failure by the Grantee tm <br />comply with these requirements isematerial breach nf this contract, which will n3sultinthe <br />termination of this contract or such other remedy, es the Department deems necessary. <br />/3\ Goals. Even though specific DBE goals are not established for this project, the <br />Department encourages the Grantee to have participation from DBE Grantees and/or <br />suppliers. <br />(4) Listing of DBE subcontractors. The Grantee, _at the Unna the Letter of Interest iosubmitted, <br />shall submit a listing of all known DBE contractors that Will participate in the performance <br />of the identified work. The participation shall be submitted on the Department's Form <br />DBE-/S. In the event the Grantee has no [)BE participation, the Grantee shall indicate this <br />on the Form DBE-IS by entering the word "None' or the numberzero' and the form shall be <br />signed. Form DBE-IS may be accessed on the vveboite. <br />/5\ Real-time information about Grantees doing <br />business with the Department and Grantees that are certified through North Carolina's <br />Unified Certification Program is available in the Directory of Transportation Firms. The <br />Directory can be 800eoaed by the link on the Department's honnepage or by entering <br />in the address bar of your web browser. Only <br />Grantees identified as OBE certified inthe Directory shall be listed in the proposal. The <br />listing of an individual Grantee in the OopartnneOƒu directory shall not be construed as on <br />endorsement of the Grantee's capability to perform certain work. <br />0512712015 Page I3of37 <br />