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32 <br /> Under the Buy America provision applicable to FTA grants, FTA funds may not be obligated unless <br /> steel, iron, and manufactured products used in FTA-funded projects are produced in the United <br /> States. Rolling stock (including train control, traction power and communication equipment) must <br /> be assembled in the United States and have a 60 percent domestic content to be considered a <br /> United States product. The DCHC MPO, in accordance with FTA regulations, requires as a condition <br /> of responsiveness, that a bidder submit with its bid a completed Buy America certificate. <br /> lIEnviioronmentalll IP rotectiion <br /> The DCHC MPO anticipates only funding projects with categorical exclusions from both the National <br /> Environmental Protection Act (NEPA) and the State Environmental Protection Act (SEPA). Therefore, <br /> there should be no further documentation necessary. However, should a project be approved that <br /> is subject to environmental regulations, the MPO will ensure that the sub-recipient meets all <br /> environmental requirements. If such a project were funded, the MPO would require the sub- <br /> recipient to submit all necessary documentation. <br /> Restriction on II...obbiingand Code of If;;tlhiics <br /> The MPO requires each sub-recipient to complete FTA's Certification on Lobbying prior to contract <br /> execution. All bids for equipment prepared by these sub-recipients are required to contain this <br /> certification as well. The City's contract with sub-recipients shall require the development and <br /> implementation of a written code of ethics. All staff, officers, employees, board members or agents <br /> of the sub-recipient are required to comply with the code of ethics. The City of Durham shall verify <br /> compliance with this regulation during project monitoring visits. <br /> 1131 rwug,,ancj' Alllcoh li Testing <br /> Governmental transit operators, in accordance with 49 CFR Part 655, must have a drug and alcohol <br /> testing program in place for all safety sensitive employees. Section 5310 sub-recipients that also <br /> receive funding under other FTA programs (Section 5307, 5309, or 5311) must adhere to the <br /> mandated FTA drug and alcohol testing program. Any employees funded under Section 5310 <br /> projects should be included in the established testing program. <br /> The City of Durham will also require private and non-profit sector sub-recipients with safety <br /> sensitive employees to have a drug and alcohol testing program.The testing policies also apply to <br /> any contractor or subcontractor with safety sensitive employees. Sub-recipients without safety <br /> sensitive employees should submit their drug-free workplace policy. Sub-recipients will be <br /> required to submit their drug and alcohol policy and/or drug-free workplace policy to DCHC MPO <br /> LPA(the Lead Planning Agency) as part of the project application process. This procedure will be <br /> reviewed and approved by the City of Durham. The LPA will monitor the sub-recipient's drug and <br /> alcohol program proactively over the course of the sub-recipient agreement. The information that <br /> the City of Durham requires will be clearly defined in the contract documents issued by the City of <br /> Durham and a conformed copy of the contract, including the specifications, maintained by the City <br /> of Durham. <br /> Approved by DCHC MPO TAC 6.11.14 Page 19 <br />