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Contractor agrees to restore the Project property to its original condition or refund the value of
<br />the State interest in that property, as the Department may require.
<br />I. Responsibilities after Project Closeout. The Contractor agrees that Project
<br />closeout by the Department will not change the Contractor's Project property management
<br />responsibilities as stated in Section 14 of this Agreement, and as may be set forth in
<br />subsequent Federal and State laws, regulations, and directives, except to the extent the
<br />Department determines otherwise in writing.
<br />Section 15. Insurance. The Contractor shall be responsible for protecting the State
<br />financial interests in all items purchased under this Agreement throughout the useful life of the
<br />Project property.
<br />Section 16. Emplovee Protections.
<br />a. Activities Not Involving Construction. The Contractor agrees to comply, and
<br />assures the compliance of each third party contractor and each subrecipient at any tier of the
<br />Project, with the employee protection requirements for nonconstruction employees of the
<br />Contract Work Hours and Safety Standards Act, as amended, 40 U.S.C. §§ 3701 et seq., in
<br />particular the wage and hour requirements of Section 102 of that Act at 40 U.S.C. § 3702,. and
<br />with U.S. DOL regulations, "Labor Standards Provisions Applicable to Contracts Governing
<br />Federally Financed and Assisted Construction (also Labor Standards Provisions Applicable to
<br />Nonconstruction Contracts Subject to the Contract Work Hours and Safety Standards Act)," 29
<br />C.F.R. Part 5.
<br />b. Activities Involving Commerce. The Contractor agrees that the provisions of
<br />the Fair Labor Standards Act, 29 U.S.C. §§ 201 et seq., apply to employees performing Project
<br />work involving commerce.
<br />c. Public Transportation Emplovee Protective Arrangements for Projects in
<br />Nonurbanized Areas Authorized by 49 U.S.C. ~ 5311. The Contractor agrees to comply with
<br />the terms and conditions of the Special Warranty for the Nonurbanized Area Program agreed
<br />to by the U.S. Secretaries of Transportation and Labor, dated .May 31, 1979, U.S. DOL
<br />implementing procedures, and any revisions thereto.
<br />.Section 17. Environmental Protections.
<br />a. General. The Contractor recognizes that many Federal and State laws
<br />imposing environmental and resource conservation requirements may apply to the Project.
<br />Some, but not all, of the major Federal and State laws that may affect the Project include: the
<br />North Carolina Environmental Policy Act of 1971 (N.C.G.S. 113A); the National Environmental
<br />Policy Act of 1969, as amended, 42 U.S.C. §§ 4321 through 4335; the Clean Air Act, as
<br />amended, 42 U.S.C. §§ 7401 through7671q and scattered sections of Title 29, United States
<br />Code; the Clean Water Act, as amended, 33 U.S.C. §§ 1251 through 1377; the Resource
<br />Conservation and Recovery Act, as amended, 42 U.S.C. §§ 6901 through 6992k; the
<br />Comprehensive Environmental Response, Compensation, and Liability Act, as amended, 42
<br />U.S.C. §§ 9601 through 9675, as well as environmental provisions within Title 23, United
<br />States Code, and 49 U.S.C. chapter 53. The Contractor also recognizes that U.S. EPA,
<br />FHWA and other Federal agencies have issued, and in the future are expected to issue,
<br />Federal regulations and directives that may affect the Project. Thus, the Contractor agrees to
<br />comply, and assures the compliance of each subrecipient and each third party contractor, with
<br />any applicable Federal and State laws, regulations and directives in effect now or become
<br />effective in the future, except to the extent the Department determines otherwise in writing.
<br />b. Mitigation of Adverse Environmental Effects.. Should the proposed Project
<br />cause or result in adverse environmental effects, the Contractor agrees to take all reasonable
<br />measures to minimize the impact of those adverse effects, as required. by 49 U.S.C. § 5324(b),
<br />and other applicable Federal laws and regulations, including 23 C.F.R. Part 771 and 49 C.F.R.
<br />Part 622. The Contractor agrees to comply with all environmental mitigation measures that
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<br />Revised 8/4/2008 Page 22 of 28
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