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b. MBE/WBE /DBE Participation, The Grantee agrees to record and report Minority -owned Business
<br />good faith efforts in accordance with N.C.G.S. 143- 128.2(f).
<br />C. Supervision of Construction. The Grantee agrees to provide and maintain competent and
<br />adequate engineering supervision at the construction site to ensure that the complete work
<br />conforms to the approved plans and specifications.
<br />d. Construction Reports. The Grantee agrees to provide progress reports and other data and
<br />information as may be required by the Department.
<br />e. Project Management for Major Capital Projects. To the extent applicable, the Grantee agrees to
<br />comply with FTA regulations, "Project Management Oversight," 49 C.F.R. Part 633, and any
<br />subsequent Project Management Oversight regulations FTA may issue.
<br />f. Seismic Safety. The Grantee agrees to comply with the Earthquake Hazards Reduction Act of
<br />1977, as amended, 42 U.S.C. §§ 7701 et seq., with Executive Order No. 12699, "Seismic Safety
<br />of Federal and Federally- Assisted or Regulated New Building Construction," 42 U.S.C. § 7704
<br />note, and with U.S. DOT regulations, "Seismic Safety," 49 C.F.R. Part 41, specifically, 49 C.F.R. §
<br />41.117.
<br />Section 22. Employee Protections.
<br />a. Construction Activities. The Grantee agrees to comply, and assures the compliance of each third
<br />party Grantee and each subrecipient at any tier of the Project, with the following laws and
<br />regulations providing protections for construction employees:
<br />(1) Davis -Bacon Act, as amended, 49 U.S.C. § 5333(a), which requires compliance with the
<br />Davis -Bacon Act, 40 U.S.C. §§ 3141 et seq., and implementing U.S. DOL regulations, "Labor
<br />Standards Provisions Applicable to Contracts Governing Federally Financed and Assisted
<br />Construction (also Labor Standards Provisions Applicable to Nonconstruction Contracts
<br />Subject to the Contract Work Hours and Safety Standards Act)," 29 C.F.R. Part 5;
<br />(2) Contract Work Hours and Safety Standards Act, as amended, 40 U.S.C. §§ 3701 et seq.,
<br />specifically, the wage and hour requirements of Section 102 of that Act at 40 U.S.C. § 3702,
<br />and implementing U.S. DOL regulations, "Labor Standards Provisions Applicable to
<br />Contracts Governing Federally Financed and Assisted Construction (also Labor Standards
<br />Provisions Applicable to Nonconstruction Contracts Subject to the Contract Work Hours and
<br />Safety Standards Act)," 29 C.F.R. Part 5; and the safety requirements of Section 107 of that
<br />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 40 U.S.C. Section 3145
<br />and implementing U.S. DOL regulations, "Grantees and SubGrantees 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 Involvinq Construction. The Grantee agrees to comply, and assures the compliance
<br />of each third party Grantee and each subrecipient at any tier of the Project, with the employee
<br />protection requirements for nonconstruction employees of the Contract Work Hours and Safety
<br />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
<br />Construction (also Labor Standards Provisions Applicable to Nonconstruction Contracts Subject to
<br />the Contract Work Hours and Safety Standards Act)," 29 C.F.R. Part 5.
<br />C. Activities Involvinq Commerce. The Grantee agrees that the provisions of the Fair Labor Standards
<br />Act, 29 U.S.C. §§ 201 et seq., apply to employees performing Project work involving commerce.
<br />d. Public Transportation Employee Protective Arrangements 49 U.S.C. chapter 53. The Grantee
<br />agrees to comply with the terms and conditions of the Special Warranty for the Program agreed to
<br />by the U.S. Secretaries of Transportation and Labor, dated May 31, 1979, U.S. DOL implementing
<br />procedures, and any revisions thereto.
<br />Section 23. Environmental Protections. The Grantee recognizes that many Federal and'State laws
<br />imposing environmental and resource conservation requirements may apply to the Project. Some, but
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