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<br />implementing U.S. DOL regulations, "Contractors and Subcontractors on Public Building or
<br />Public Work Financed in Whole or in part by Loans or Grants from the United States," 29
<br />C.F.R. Part 3.
<br />b. Activities Not Involving Construction. The Contractor agrees to comply,
<br />and assures the compliance of each third party contractor and each subrecipient at any
<br />tier of the Project, with the employee protection requirements for non-construction
<br />employees of the Contract Work Hours and Safety Standards Act, as amended, 40 U.S.C.
<br />§§ 3701 et seq., in particular the wage and hour requirements of Section 102 of that Act at
<br />40 U.S.C. § 3702, and with U.S. DOL regulations, "Labor Standards Provisions Applicable
<br />to Contracts Governing Federally Financed and Assisted Construction (also Labor
<br />Standards Provisions Applicable to Non-construction Contracts Subject to the Contract
<br />Work Hours and Safety Standards Act)," 29 C.F.R. Part 5.
<br />c. Activities Involving Commerce. The Contractor agrees that the
<br />provisions of the Fair Labor Standards Act, 29 U.S.C. §§ 201 et seq., apply to employees
<br />performing Project work involving commerce.
<br />d. Public Transportation Employee Protective Arrangements for Projects in
<br />Non-urbanized Areas Authorized by 49 U.S.C. § 5311. The Contractor agrees to comply
<br />with the terms and conditions of the Special Warranty for the Non-urbanized Area Program
<br />agreed to by the U.S. Secretaries of Transportation and Labor, dated May 31, 1979, U.S.
<br />DOL implementing procedures, and any revisions thereto.
<br />Section 29. Environmental Protections. The Contractor recognizes that many Federal
<br />and State laws imposing environmental and resource conservation requirements may
<br />apply to the Project. Some, but not all, of the major Federal laws that may affect the
<br />Project include: the National Environmental Policy Act of 1969, as amended, 42 U.S.C. §§
<br />4321 through 4335; the Clean Air Act, as amended, 42 U.S.C. §§ 7401 through7671 q and
<br />scattered sections of Title 29, United States Code; the Clean Water Act, as amended, 33
<br />U.S.C. §§ 1251 through 1377; the Resource Conservation and Recovery Act, as
<br />amended, 42 U.S.C. §§ 6901 through 6992k; the Comprehensive Environmental
<br />Response, Compensation, and Liability Act, as amended, 42 U.S.C. §§ 9601 through
<br />9675, as well as environmental provisions within Title 23, United States Code, and 49
<br />U.S.C. chapter 53. The Contractor also recognizes that U.S. EPA, FHWA and other
<br />Federal agencies have issued, and in the future are expected to issue, Federal regulations
<br />and directives that may affect the Project. Thus, the Contractor agrees to comply, and
<br />assures the compliance of each third party contractor, with any applicable Federal laws,
<br />regulations and directives as the Federal Government are in effect now or ,become
<br />effective in the future, except to the extent the Federal Government determines otherwise
<br />in writing. Listed below are environmental provisions of particular concern to FTA and the
<br />Department. The Contractor understands and agrees that those laws, regulations, and
<br />directives may not constitute the Contractor's entire obligation to meet all Federal
<br />environmental and resource conservation requirements.
<br />a. National Environmental Policy. Federal assistance is contingent upon
<br />the Contractor's facilitating FTA's compliance with all applicable requirements and
<br />implementing regulations of the National Environmental Policy Act of 1969, as amended,
<br />(NEPA) 42 U.S.C. §§ 4321 through 4335 (as restricted by 42 U.S.C. § 5159, if applicable);
<br />Executive Order No. 11514, as amended, "Protection and Enhancement of Environmental
<br />Quality," 42 U.S.C. § 4321 note; FTA statutory requirements at 49 U.S.C. § 5324(b); U.S.
<br />Council on Environmental Quality regulations pertaining to compliance with NEPA, 40
<br />C.F.R. Parts 1500 through 1508; and joint FHWA/FTA regulations, "Environmental Impact
<br />and Related Procedures," 23 C.F.R. Part 771 and 49 C.F.R. Part 622, and subsequent
<br />Federal environmental protection regulations that may be promulgated. As a result of
<br />Revised 1/6/10
<br />
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