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CAP-10-962-ARRA, Contract No. 4021 <br /> ITEM 27 -INDEPENDENCE OF GRANTEE <br /> In no event shall the Grantee or any of its employees, agents, contractors or subcontractors be <br /> considered agents or employees of the Government. Furthermore, the Grantee agrees that none of its <br /> employees, agents, contractors or subcontractors will hold themselves out as, or claim to be, agents, <br /> officers or employees of the Government and will not by reason of any relationship with the Grant make <br /> any claim, demand or application to or for any right or privilege applicable to an agent, officer or <br /> employee of the Government including but not limited to, rights and privileges concerning worker's <br /> compensation and occupational diseases coverage, unemployment compensation benefits, Social <br /> Security coverage or retirement membership or credit. <br /> ITEM 28-LABOR LAW COMPLIANCE <br /> A. General Labor Compliance- If applicable and except in a construction contract of$2,000 or less, <br /> and except in a third party contract for supplies, materials or articles ordinarily available on the <br /> open market, the Grantee agrees to comply with the Labor Law Compliance provisions of the <br /> current Federal Capital Grant Master Agreement pertaining to the Project, if any, and all applicable <br /> state and federal laws and regulations including, but not limited to, the following: laws and <br /> regulations relating to minimum wages to be paid to employees, limitations upon the employment <br /> of minors, minimum fair wage standards for minors, payment of wages due employees, and health <br /> and safety of employees. The Grantee also agrees to require every contractor doing construction <br /> work or performing professional or consulting services in connection with the Project to agree to <br /> such compliance, including compliance with the statutory requirements of the Davis-Bacon Act, <br /> Contract Work Hours and Safety Standards Act, and Copeland "Anti-Kickback"Act. <br /> B. Standard Public Transqortation Emplovee Protective Arranqements-To the extent that FTA <br /> determines that public transportation operations are involved, the Grantee agrees to carry out the <br /> public transportation operations work on the underlying contract in compliance with terms and <br /> conditions determined by the U.S. Secretary of Labor to be fair and equitable to protect the <br /> interests of employees employed under this Grant and to meet the employee protective <br /> requirements of 49 U.S.C. § 5333(b), and U.S. DOL guidelines, "Section 5333(b), Federal Transit <br /> Law," 29 CFR Part 215, and any amendments thereto. These terms and conditions are identified <br /> in the letter of certification from the U.S. DOL to FTA applicable to the FTA Grantee's Project from <br /> which federal assistance is provided to support work on the underlying contract. The Grantee <br /> agrees to carry out that work in compliance with the conditions stated in the U.S. DOL's <br /> certification. The requirements of this subsection, however, do not apply to any agreement <br /> financed with federal assistance provided by FTA either for projects for elderly individuals and <br /> individuals with disabilities authorized by 49 U.S.C. § 5310(a)(2) or subsection 3012(b) of <br /> SAFETEA-LU, for projects for nonurbanized areas authorized by 49 U.S.C. § 5311, or projects for <br /> the over-the-road bus accessibility program authorized by§ 3038 of the Transportation Equity Act <br /> for the 21�Century(TEA-21), Pub. L. 105-178, June 9, 1998, as amended, and as amended by <br /> § 3039 of SAFETEA-LU, 49 U.S.C. Section 5310 note. Alternative provisions for those projects <br /> are set forth below. <br /> C. Public Transportation Emplovee Protective Arranqements for Elderlv Individuals and Individuals <br /> with Disabilities Formula Proqram and Pilot Proqram -To the extent that the U.S. Secretary of <br /> Transportation determines that employee protective arrangements required by 49 U.S.C. <br /> § 5333(b)are necessary or appropriate for the Grantee participating in a project authorized by <br /> 49 U.S.C. Section 5310(b)(2) or subsection 3012(b) of SAFETEA-LU, 49 U.S.C. Section 5310 <br /> note, the Grantee agrees to carry out the Project in compliance with the terms and conditions of <br /> 49 U.S.C. § 5333(b), in accordance with U.S. DOL guidelines, "Section 5333(b), Federal Transit <br /> Law," 29 CFR Part 215 and any amendments thereto. <br /> State/Federal Capital Grant Page 24 <br />