|
Project, with the following laws and regulations providing protections for construction
<br />employees:
<br />1) 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
<br />Act at 40 U.S.C. § 3702, and implementing U.S. DOL regulations, "Labor Standards
<br />Provisions Applicable to Contracts. Governing Federally Financed and Assisted
<br />Construction (also Labor Standards Provisions Applicable to Non-construction
<br />Contracts Subject to the Contract Work Hours and Safety Standards Act), 29 C.F.R.
<br />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,"
<br />29 C.F.R. Part 1926; and
<br />2) Copeland "Anti-Kickback" Act, as amended, 18 U.S.C. § 874, and
<br />implementing. U.S. DOL regulations, "Contractors and Sub-contractors on Public Building
<br />or Public Work Financed in Whole or in part by Loans or Grants from the United States,"
<br />29 C.F.R. Part 3.
<br />b. Activities Not Involving Construction. The Contractor agrees to comply, and
<br />assures the compliance of each third party contractor and each sub-recipient at any tier
<br />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
<br />U.S.C. §§ 3701 et seq., in particular the wage and hour requirements of Section 102 of
<br />that Act at 40 U.S.C. § 3702, and with U.S. DOL regulations, "Labor Standards
<br />Provisions Applicable to Contracts Governing Federally Financed and Assisted
<br />Construction (also Labor Standards Provisions Applicable to Non-construction Contracts
<br />Subject to the Contract Work Hours and Safety Standards Act)," 29 C.F.R. Part 5.
<br />c. 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
<br />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
<br />Program agreed to by the U.S. Secretaries of Transportation and Labor, dated May 31,
<br />1979, U.S. DOL implementing procedures, and any revisions thereto.
<br />Section 22. Geographic Information and Related Spatial Data. In accordance with
<br />U.S. OMB Circular A-16, "Coordination of Geographic Information and Related Spatial Data
<br />Activities," August 19,2002, the Contractor agrees to implement its Project so that any activities
<br />involving spatial data and geographic information systems activities financed directly or
<br />indirectly, in whole or in part, by Federal assistance, consistent with the National Spatial Data
<br />infrastructure promulgated by the Federal Geographic Data Committee, except to the extent
<br />that FTA determines otherwise in writing.
<br />Section 23. Patent Rights. If any invention, improvement, or discovery of the
<br />Contractor or any third party contractor or any sub-recipient at any tier of the Project is
<br />conceived or first actually reduced to practice in the course of or under the Project, and that
<br />invention, improvement, or discovery is patentable. under the laws of the United States of
<br />America or any foreign country,. the Contractor agrees to notify-the Department immediately
<br />and provide a detailed report in a format satisfactory to the Department. The Contractor agrees
<br />that its rights and responsibilities, and those of each third party contractor at any tier of the
<br />Project and each sub-recipient at any tier of the Project, pertaining to that invention,
<br />improvement, or discovery will be determined in accordance with 37 C.F.R. Part 401 and any
<br />.applicable Federal and State laws, regulations, including any waiver thereof. .FTA considers
<br />Updated 07/26/10 28
<br />
|