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<br />FORM 5wJ1_-
<br />CONSTRUCTION
<br />r1Gc •1'_96
<br />Tye 6 of 10
<br />10.00 Disadvantaged Business Enterprise (DBE) Policy and Obligation:
<br />10.01 DBE Policy: It is the policy of the Department that disadvantaged business enterprises as defined in 49 C.F.R. Part 23,
<br />as amended, shall have the maximum opportunity to participate in the performance of contracts financed in whole or in pan
<br />with Department funds under this Agreement. The DBE requirements of 49 C.F.R. Pan 23, as amended, apply to this
<br />Agreement.
<br />10.02 DBE Obligation: The Agency and its contractors agree to ensure that Disadvantaged Business Enterprises as defined
<br />in 49 C.F.R. Part 23, as amended, have the maximum opportunity to participate in the performance of contracts and this
<br />Agreement. In this regard, all recipients, and contractors shall take all necessary and reasonable steps accc:dance :ve'u`1 49
<br />C.F.R. Pan 23, as amended, to ensure that the Disadvantaged Business Enterprises have the maximum opportunity to compete
<br />for and perform contracts. The Agency shall not discriminate on the basis of race, color, national origin or sex in the award
<br />and performance of Department assisted contracts.
<br />10.03 Disadvantaged Business Enterprise (DBE) Obligations: If Federal Transit Administration or FHWA Funding is a pan
<br />of this project, the Agency must comply with Subpart (E) of 49 C.F.R., Part 23, as amended.
<br />11.00 Restrictions, Prohibitions, Controls, and Labor Provisions:
<br />11.01 Equal Employment Opportunity: In connection with the caging out of any project, the Agency shall not discriminate
<br />against any employee or applicant for employment because of race, age, religion, color, sex, national origin, disability or
<br />marital starts. The Agency will take affirmative action to ensure that applicants are employed, and that employees are treated
<br />during employment, without regard to their race, age, religion, color, gender, national origin, disability or marital status. Such
<br />action shall include, but not be limited to, the following: Employment upgrading, demotion, or transfer; recruitment or
<br />recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including
<br />apprenticeship. The Agency shall insert the foregoing provision modified only to show the particular contractual relationship
<br />in all its contracts in connection with the development of operation of the project, except contracts for the standard commercial
<br />supplies or raw materials, and shall require all such contractors to insert a similar provision in all subcontracts, except
<br />subcontracts for standard commercial supplies or raw materials. When the project involves installation, construction,
<br />demolition, removal, site improvement, or similar work, the Agency shall post, in conspicuous places available to employees
<br />and applicants for employment for project work, notices to be provided by the Department setting forth the provisions of the
<br />nondiscrimination clause.
<br />11.02 Title VI - Civil Rights Act or 1964: The Agency will comply with all the requirements imposed by Title VI of the Civil
<br />Rights Act of 1964 (42 U.S.C. 2000d), the Regulations of the Federal Department of Transportation issued thereunder, and
<br />the assurance by the Agency pursuant thereto.
<br />The Agency shall include provisions in all contracts with third parties that ermire compliance with Is Ji of the Civil Rights
<br />Act of i964; 49 C.F.R., Part 21; and related statutes and regulations.
<br />11.03 Americans with Disabilities Act or 1990 (ADA): The Agency will comply with all the requirements as imposed by the
<br />ADA. the regulations of the federal government issued thereunder, and assurance by the Agency pursuant thereto.
<br />11.04 Debarment: Contractors who are currently suspended, debarred or voluntarily excluded under 49 C.F.R. Pan 29 or
<br />otherwise determined to be ineligible, shall be prohibited from participating in the Federal -aid highway program. (23 C.F.R.
<br />635.110 (e))
<br />11.05 Public Entity Crime: "A person or affiliate who has been placed on the convicted vendor list following a conviction
<br />for a public entity crime may not submit a bid on a contract to provide any goods or services to a public entity, may not submit
<br />a bid on a contract with a public entity for the construction or repair of a public building or public work, may not submit bids
<br />Exhibit II -2-1 1 ocal Agency Procan Agreement
<br />7-2-8
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