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(2) Nonconstruction Subcontracts. The contractor or subcontractor shall insert in any <br /> subcontract the clauses set forth in 29 CFR Sec. 5.5(b), and also a ciause requiring <br /> the subcontractors to include these clauses in any lower tier subcontracts. The prime <br /> contractor shall be responsible for comp�iance by any subcontractor or lower tier <br /> subcontractor with the clauses set forth in 29 CFR Section 5.5(b) involving overtime <br /> pay, unpaid wages and withholding for unpaid wages. <br /> C. State and Local Government Em I�oyees• The provisions of the Fair Labor Standards Act, <br /> as amended, apply to state and local government employees participating in the FTA <br /> assisted Project with the Grantee. <br /> D. Illinois Public Works Preference Act. To the extent applicable and consistent with federal <br /> law, Grantee shall include in all third party contracts the applicable provisions of the Illinois <br /> Public Works Preference Act, 30 ILCS 560. � <br /> E. Employment of Itlinois Workers. To the extent applicable and consistent with federal law, the <br /> Grantee agrees to include in all third party contracts the applicable provisions of the <br /> Employment of Illinois Workers on Public Works Act, 30 ILCS 570. <br /> ITEM 37 - SUBSTANCE ABUSE/DRUG FREE WORKPLACE ACT <br /> The Grantee agrees to comply with the Illinois (30 ILCS 580/1 et seq.) and U.S. DOT Drug Free <br /> Workplace Acts, and U.S. DOT regulations, "Drug Free Workplace Requirements (Grants),"49 <br /> C.F.R. Part 29, Subpart F, and other U.S. DOT and FTA regulations and guidance pertaining to <br /> substance abuse (drugs and alcohol) that may be promulgated, and the Grantee has signed the <br /> Drug Free Workplace Certification attached to this Agreement (as part of Exhibit C). <br /> If applicable, the Grantee also agrees to comply with all aspects of the anti-drug program outlined <br /> in the "Control of Drug Use in Mass Transportation Operations" regulation (49 CFR 653), the <br /> "Preventing of Alcohol Misuse in Transit Operators" regulation (49 CFR 654), and to require <br /> contractors and subcontractors, when applicable under 49 U.S.C. 5331 and 49 CFR 653-4, to do <br /> the same. <br /> ITEM 38 - ENVIRONMENTAL REQUIREMENTS <br /> The Grantee recognizes that many federal and state statutes imposing environmental, resource <br /> conservation, and energy requirements may apply to the Project. <br /> Accordingly, the Grantee agrees to adhere to, and agrees to impose on its third party contractors, <br /> any such federal and state requirements as the Government may now or in the future promulgate. <br /> - The Grantee expressly understands that the following list may not set forth all federal <br /> environmental requirements applicable to Grantee and the Project, however the Grantee agrees, <br /> minimally, as follows:. <br /> A. Fnvironmental Protection -To the extent applicable, the Grantee agrees to comply with the <br /> requirements of the National Environmental Policy Act of 1969, as amended, 42 U.S.C. <br /> Section 4321 et seq.; Section 14 of the Federal Transit Act, as amended, 49 U.S.C. app. <br /> Section 1610; the Council on Environmental Quality regulations, 40 C.F.R. Part 1500 et seq.; <br /> and the joint FHWA/FTA regulations, "Environmental Impact and Related Procedures," at 23 <br /> C.F.R. Part 771. <br /> B. Air Qualitv -The Grantee agrees to comply with applicable requirements of Environmental � <br /> Protection Agency (EPA) regulations, Conformity to State or Federal Imptementation Plans <br /> • of Transportation Plans, Programs, and Projects Developed, Funded or Approved Under . � <br /> � Title 23 U.S.C. or the Federal Transit Act,"40 CFR Part 51, Subpart T; and "Determining • <br /> State/Federal Capital Grant PaBe 3� <br />