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(2) Contract Work Hours and Safety Standards Act, as amended, 40 U.S.C. §§
<br />3701 et seq., specifically, the wage and hour requirements of Section 102 of that Act at 40 U.S.C. §
<br />3702, and implementing U.S. DOL regulations, "Labor Standards Provisions Applicable to Contracts
<br />Governing Federally Financed and Assisted Construction (also Labor Standards Provisions Applicable
<br />to Nonconstruction Contracts Subject to the Contract Work Hours and Safety Standards Act)," 29
<br />C.F.R. Part 5; and the safety requirements of Section 107 of that Act at 40 U.S.C. § 3704, and
<br />implementing U.S. DOL regulations, "Safety and Health Regulations for Construction," 29 C.F.R. Part
<br />1926; and
<br />(3) Copeland "Anti-Kickback" Act, as amended, 18 U.S.C. § 874 and 40 U.S.C.
<br />Section 3145 and implementing U.S. DOL regulations, "Contractors and Subcontractors on Public
<br />Building or 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, and assures
<br />the compliance of each third party contractor and each subrecipient at any tier of the Project, with the
<br />employee protection requirements for nonconstruction employees of the Contract Work Hours and
<br />Safety Standards Act, as amended, 40 U.S.C. §§ 3701 et seq., in particular the wage and hour
<br />requirements of Section 102 of that Act at 40 U.S.C. § 3702, and with U.S. DOL regulations, "Labor
<br />Standards Provisions Applicable to Contracts Governing Federally Financed and Assisted Construction
<br />(also Labor Standards Provisions Applicable to Nonconstruction 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 provisions of the Fair
<br />Labor Standards Act, 29 U.S.C. §§ 201 et seq., apply to employees performing Project work involving
<br />commerce.
<br />d. Public Transportation Employee Protective Arrangements for Projects in
<br />Nonurbanized Areas Authorized by 49 U.S.C. & 5311. The Contractor agrees to comply with the terms
<br />and conditions of the Special Warranty for the Nonurbanized Area Program agreed to by the U.S.
<br />Secretaries of Transportation and Labor, dated May 31, 1979, U.S. DOL implementing procedures, and
<br />any revisions thereto
<br />Section 22. Environmental Protections. The Contractor recognizes that many Federal and
<br />State laws imposing environmental and resource conservation requirements may apply to the Project.
<br />Some, but not all, of the major Federal laws that may affect the Project include: the National
<br />Environmental 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 Code; the
<br />Clean Water Act, as amended, 33 U.S.C. §§ 1251 through 1377; the Resource Conservation and
<br />Recovery Act, as 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 9675, as well as
<br />environmental provisions within Title 23, United States Code, and 49 U.S.C. chapter 53. The
<br />Contractor also recognizes that U.S. EPA, FHWA and other Federal agencies have issued, and in the
<br />future are expected to issue, Federal regulations and directives that may affect the Project. Thus, the
<br />Contractor agrees to comply, and assures the compliance of each third party contractor, with any
<br />applicable Federal laws, regulations and directives as the Federal Govemment are in effect now or
<br />become effective in the future, except to the extent the Federal Government determines otherwise in
<br />writing. Listed below are environmental provisions of particular concern to FTA and the Department.
<br />The Contractor understands and agrees that those laws, regulations, and directives may not constitute
<br />the Contractor's entire obligation to meet all Federal environmental and resource conservation
<br />requirements.
<br />a. National Environmental Policy. Federal assistance is contingent upon the
<br />Contractor's facilitating FTA's compliance with all applicable requirements and implementing
<br />regulations of the National Environmental Policy Act of 1969, as amended, (NEPA) 42 U.S.C. §§ 4321
<br />through 4335 (as restricted by 42 U.S.C. § 5159, if applicable); Executive Order No. 11514, as
<br />amended, "Protection and Enhancement of Environmental Quality," 42 U.S.C. § 4321 note; FTA
<br />statutory requirements at 49 U.S.C. § 5324(b); U.S. Council on Environmental Quality regulations
<br />pertaining to compliance with NEPA, 40 C.F.R. Parts 1500 through 1508; and joint FHWA/FTA
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