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AG 2014 06 16
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AG 2014 06 16
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Last modified
6/18/2014 9:32:09 AM
Creation date
11/27/2017 10:47:36 AM
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Meeting Minutes
Doc Type
Agenda
Meeting Minutes - Date
6/16/2014
Board
Board of Commissioners
Meeting Type
Regular
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Enterprise: Program Improvements," 49 C.F.R. Part 26, on January 28, 2011 (see 76 Feel. Reg. <br />5083)], and Section 1101(b) of MAP -21, 23 U.S.C. § 101 note, as amended by Section 451 of <br />the Hiring Incentives to Restore Employment (HIRE) Act, Pub. L. 111 -147, March 18, 2010, 23 <br />U.S.C. § 101 note. <br />The NC Department of Transportation /Public Transportation Division's overall goal for DBE <br />participation is 8.6 %. <br />b. The contractor shall not discriminate on the basis of race, color, national origin, or sex in the <br />performance of this contract. The contractor shall carry out applicable requirements of 49 CFR <br />Part 26 in the award and administration of this DOT - assisted contract. Failure by the contractor <br />to carry out these requirements is a material breach of this contract, which may result in the <br />termination of this contract or such other remedy as the Procuring Agency deems appropriate. <br />Each subcontract the contractor signs with a subcontractor must include the assurance in this <br />paragraph (see 49 CFR 26.13(b)). <br />The successful bidder /offeror will be required to report its DBE participation obtained through <br />race - neutral means throughout the period of performance. <br />c. The contractor is required to pay its subcontractors performing work related to this contract <br />for satisfactory performance of that work no later than 30 days after the contractor's receipt of <br />payment for that work from the Procuring Agency. In addition, these may apply: <br />the contractor may not hold retainage from its subcontractors; or <br />is required to return any retainage payments to those subcontractors within 30 <br />days after the subcontractor's work related to this contract is satisfactorily <br />completed; or <br />is required to return any retainage payments to those subcontractors within 30 <br />days after incremental acceptance of the subcontractor's work by the Procuring <br />Agency and contractor's receipt of the partial retainage payment related to the <br />subcontractor's work. <br />d. The contractor must promptly notify the Procuring Agency whenever a DBE subcontractor <br />performing work related to this contract is terminated or fails to complete its work, and must <br />make good faith efforts to engage another DBE subcontractor to perform at least the same <br />amount of work. The contractor may not terminate any DBE subcontractor and perform that <br />work through its own forces or those of an affiliate without prior written consent of the Procuring <br />Agency. <br />9. Clean Air Act <br />(a) The Contractor agrees to comply with all applicable standards, orders, or regulations <br />issued pursuant to Section 306 of the Clean Air Act as amended, 42 U.S.C. § 7606, and other <br />applicable provisions of the Clean Air Act, as amended, 42 U.S.C. §§ 7401 through 7671q. The <br />Contractor agrees to report any violation to the Purchaser and understands and agrees that the <br />Purchaser will, in turn, report each violation as required to assure notification to the State and/or <br />FTA and the appropriate EPA Regional Office. <br />(b) The Contractor also agrees to include these requirements in each subcontract exceeding <br />$100,000 financed in whole or in part with Federal Assistance provided by FTA. <br />10. Clean 'Water <br />28 <br />Attachment number 2 <br />F -4 Page 134 <br />
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