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amounts recovered by the Contractor from third parties or from other sources, as well! as any penalties
<br />and any interest required by Subsection 7g of this Agreement,
<br />e. Project Closeout. Project closeout occurs when the Department issues the final
<br />project payment or acknowledges that the Contractor has remitted the proper refund. The Contractor
<br />agrees that Project closeout by the Depailment does not invalidate any continuing requirements
<br />imposed by this Agreement.
<br />Section 11, 1. Civil ffiq ts. The Contractor agrees to comply with all applicaNe civil rights laws and
<br />implementing regulations including, but not limited to, the following:
<br />@. Nondiscrimination in Federal Public Transportation ProcLrams. The Contractor
<br />agrees to comply, and assures the compliance of each third party contractor at any tier and each
<br />subrecipient at any tier of the Project, with the provisions of 49 U.S.C. § 5332, which prohibit
<br />discrimination on the basis of race, color, creed, national origin, sex, or age, and prohibits
<br />discrimination in employment or business, opportunity.
<br />b. Nondiscrimination — Title Vl of the Civil Rights Act. The Contractor agrees to comply,,
<br />and assures the compliance of each third panty contractor at any tier and each subrecipient at any tier
<br />of the Project, with all provisions prohibiting discrimination on the basis of race, color, or national origin
<br />of Title VI of the Civil Rights Act of 1964, as amended, 42 U.S.C, §§ 2000d et seq., and with U.C. DOT
<br />regulations, "Nondiscrimination in Federally-Assisted Programs of the Department of Transportation —
<br />Effectuation of Title VI of the Civil Rights Act," 49 C,F.R. Part 21.
<br />C�, Egual Employment Opportunity, The Contractor agrees to comply, and assures the
<br />compliance of each third party contractor at any tier of the Project and each subrecipient at any tier of
<br />the Project, with all equal employment opportunity (EEO) provisions, of 49 U.C.C. § 5332, with Title Vll
<br />of the Civil Rights Act of 1964, as amended, 42 U. &C. § 2000e of seq., and jmplernenting Federal
<br />regulations and any subsequent amendments thereto. Except to the extend FTA determines otherwise
<br />in writing, the recipient also agrees to follow all applicable Federal EEO, directives that may be issued.
<br />Accordingly:
<br />(1) General. The Contractor agrees that it will not discriminate against any
<br />employee oir applicant for employment because of race, color, creed, sex, disability, age, or national
<br />origin. The Contractor agrees to take affirmative action to ensure that applicants are employed and that
<br />employees are treated during employment without regard to their race, color, creed, sex, disability, age,
<br />or national origin. Such action shall include, but not be limited to, employment, upgrading, demotion or
<br />transfer, recruitment or recruitment advertising, layoff or termination; rates, of pay or other forms of
<br />compensation; and selection for training, including apprenticeship.
<br />(2) Egual Emplo ime,
<br />\ Lnt Opportunity Reguirements for Construction Activities. For
<br />activities determined by the U.S. Department of Labor (U.S. DOL) to qualify as "construction," the
<br />Contractor agrees to comply and assures the compliance of each third party contractor at any tier or
<br />subrecipient at any tier of the Project, with all applicable equal employment opportunity requirements of
<br />U.C. IDOL regulations, "Office of Federal Contract Compliance Programs, Equal Employment
<br />Opportunity, Department of Labor," 41 C,F,R, Parts 60 of seq., which implement Executive Order No.
<br />11246, "Equal Employment Opportunity," as arnended by Executive Order No. '11375, "Amending
<br />Executive Order No. 11246 Relating to Equal Employment Opportunity," 42 U.Q.C. § 2000(e) note, and
<br />also with any Federal laws, regulations, and directives affecting construction undertaken as part of the
<br />Project.
<br />d. Disadvantaged Business Enterprises,
<br />(1) Policy. It is the policy of the North Carolina Department of Transportation that
<br />Disadvantaged Business Enterprises (DBEs) as defined in 49 OF R Pant 2 6 shall have the equal
<br />opportunity to compete fairly for and to participate in the performance of contracts financed in whole or
<br />in part by Federal Funds,
<br />The Contractor is also encouraged to give every opportunity to allow DBE participation in Supplemental
<br />Agreements.
<br />Updated 9/17110 Page I 1 ol'35
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