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Page 29 of 40 <br /> at 40 U.S.C. § 3702, and implementing U.S. DOL regulations, "Labor Standards Provisions <br /> Applicable to Contracts Governing Federally Financed and Assisted Construction (also Labor <br /> Standards Provisions Applicable to Non-construction Contracts Subject to the Contract Work <br /> Hours and Safety Standards Act)," 29 C.F.R. Part 5; and the safety requirements of Section 107 <br /> of that Act at 40 U.S.C. § 3704, and implementing U.S. DOL regulations, "Safety and Health <br /> Regulations for Construction," 29 C.F.R. Part 1926; and <br /> (3) Copeland "Anti-Kickback" Act, as amended, 18 U.S.C. § 874, and <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 C.F.R. <br /> 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 of the <br /> Project, with the employee protection requirements for non-construction 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 /> Non-construction Contracts Subject to the Contract Work Hours and Safety Standards Act)," 29 <br /> 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 Project <br /> work involving commerce. <br /> d. Public Transportation Employee Protective Arrangements for Projects in Non- <br /> urbanized Areas Authorized by 49 U.S.C. & 5310. The Contractor agrees to comply with the <br /> terms and conditions of the Special Warranty for the Non-urbanized Area Program agreed to by <br /> the U.S. Secretaries of Transportation and Labor, dated May 31, 1979, U.S. DOL implementing <br /> procedures, and any revisions thereto. <br /> Section 25. Environmental Protections. The Contractor recognizes that many Federal <br /> and State laws imposing environmental and resource conservation requirements may apply to <br /> the Project. Some, but not all, of the major Federal laws that may affect the Project include: the <br /> National Environmental Policy Act of 1969, as amended, 42 U.S.C. §§ 4321 through 4335; the <br /> Clean Air Act, as amended, 42 U.S.C. §§ 7401 through7671 q and scattered sections of Title 29, <br /> United States Code; the Clean Water Act, as amended, 33 U.S.C. §§ 1251 through 1377; the <br /> Resource 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 States <br /> Code, and 49 U.S.C. chapter 53. The Contractor also recognizes that U.S. EPA, FHWA and <br /> other 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 assures <br /> the compliance of each third party contractor, with any applicable Federal laws, regulations and <br /> directives as the Federal Government are in effect now or become effective in the future, except <br /> to the extent the Federal Government determines otherwise in writing. Listed below are <br /> environmental provisions of particular concern to FTA and the Department. The Contractor <br /> understands and agrees that those laws, regulations, and directives may not constitute the <br /> 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. <br /> §§ 4321 through 4335 (as restricted by 42 U.S.C. § 5159, if applicable); Executive Order No. <br /> 11514, as amended, "Protection and Enhancement of Environmental Quality," 42 U.S.C. §4321 <br /> Revised 02/20/13 <br />