|
(2) Obligation The Contractor, subconSUltant, and subcontractor 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 Cu R'
<br />26 in the award and administration of federally assisted contracts. Failure by the Contractor to comply
<br />with these requirements, is a material: breach of this contract, which will result in the tenninabon of this
<br />contract or such other remedy, as the Department deems necessary,
<br />(3) Goals. Even though specific DBE goals are not established for this project, the
<br />Department encourages the Contractor to have participation from DBE contractors and/or suppliers.
<br />(4) Listing of DBE Subcontractors, The contractor, at the time the Letter of Interest
<br />is submitted, shall submit a Iisting 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 1 S-2. In the
<br />event the contractor has no DBE participation, the contractor shall indicate this on the Form RS-2 by
<br />entering the word 'None' or the number 'zero' and the form shall be signed. Form RS-2 may be
<br />accessed on the website at
<br />(5) Certified Transportation Firrns Directory. Real-time information about
<br />contractors doing business with the Department and contractors that are certified through North
<br />Carolina's Unified Certification Program is available in the Directory of Transportation Firms, The
<br />Directory can be accessed by the link on the Deparbnent's hornepage or by entering
<br />hitto&I �Ia Dos, dot, state . nc . us/vend or/d i rec!g ry/ in the address bar of your web browser. Only contractors
<br />identified as DBE certified in the Directory shall be listed in the proposal.
<br />The listing, of an jinclMdlual contractor in the Department's directory shall not be construed as an
<br />endorsement of the contractor's capability to perform certain work.
<br />(6) Ike porting....Disadvantaged Business Enterprise Participation. When payments
<br />are rnade to Disadvantaged Business Enterprise (DBE) contractors, including material suppliers,
<br />contractors at all levels (Contractor, subconsuiltant or subcontractor), shall provide the Contract
<br />Administrator with an accounting of said payments. The accounting shall be listed on the Department's
<br />Subcontractor Payment Information Form (Form DBE-IS). In the event 'the contractor has no DBE
<br />participation, the contractor shall indicate this on the Form DBE-IS by entering the word 'None' or the
<br />number 'zero' and the form shall be signed. Form DBE-IS, may be accessed on the webs,ite at
<br />htto& flaons, dot state, nc , ki sLlcju ickfindffonnu s,/Defa u It. aspx.
<br />A responsible fiscal officer of the payee Contractor, SUbconsultant or subcontractor who can attest to
<br />the date and amounts of the payments, shall certify that the accounting is correct. A copy of an
<br />acceptable report may be obtained frorn the Department of Transportation. This information shall be
<br />submitted as pail of the requests for payments made to the Department.
<br />e. Age Discrimination in Employment Act (AD EA) 29 U.S.C. Section 621 througih 634 and with
<br />Implementing U.S. Equal Employment Opportunity Commission (U.S. EEOC) regulations, "Age
<br />Disc rimination in Employment Act," 29 F. R. Part 1625, which prohibits discrimination against
<br />individuals on the basis o,f age.
<br />f. Access for lndividuals with Disabilities. The Contractor agrees to comply with 49
<br />U.S.C. § 5301 (d), which states the Federal policy that elderly individuals, and individuals with disabilities
<br />have the same right as other individuals to use public transportation services and facilities, and that
<br />special effort's shall be made in planning and designing; those services and facilities to implement
<br />transportation accessibility rights for elderly individuals and individuals with disabilities. The Contractor
<br />also agrees to comply with all applicable provisions of Section 504 of the Rehabilitation Act of 1973, as
<br />amended, with 29 Ul.S.C. § 794, which prohibits discrimination on the basis of disability; with the
<br />Americans with Disabilities Act of 1990 (ADA), as amended, 42 U.&Cf 12101 et seq., which
<br />requires that accessible facilities and services be made available to individUals, with disabilities; and
<br />with the Architectural Barriers Act of 1968, as amended, 42 U.S.C. §§ 4151 et se q., which requires that
<br />Updlated 9/17/10 Page 12 ol'35
<br />
|