|
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 />
|