R90-53 AUTHORIZING AN AGREEMENT WITH THE UNITED STATES DEPARTMENT OF TRANSPORTATION

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ti r b. Nonconstruction Contracts. Pursuant to the regulations set forth at 29 C.F.R. Part 5, the following provisions shall be incorporated in all federally-assisted non-construction contracts of $2, 500 let by the Recipient in carrying out the Project: NONCONSTRUCTION CONTRACTS. THE REQUIREMENTS OF THE CLAUSES CONTAINED IN 29 C.F.R. § 5. 5 (b) OR SUBSECTIONS 116.a. (10) THROUGH 116.a. (13) OF PART II OF THIS AGREEMENT ARE APPLICABLE TO ANY CONTRACT SUBJECT TO THE OVERTIME PROVISIONS OF THE CONTRACT WORK HOURS AND SAFETY STANDARDS ACT AND NOT TO ANY OF THE OTHER , STATUTES CITED IN 29 C.F.R. § 5. 1. THE CONTRACTOR OR � SUBCONTRACTOR SHALL MAINTAIN PAYROLLS AND BASIC PAYROLL RECORDS _ DURING THE COURSE OF THE WORK AND SHALL PRESERVE THEM FOR A PERIOD OF THREE YEARS FROM THE COMPLETION OF THE CONTRACT FOR ALL ' LABORERS AND MECHANICS, INCLUDING GUARDS AND WATCHMEN, WORKING ON THE CONTRACT. SUCH RECORDS SHALL CONTAIN THE NAME AND ADDRESS OF EACH SUCH EMPLOYEE, SOCIAL SECURITY NUMBER, CORRECT CLASSIFICATIONS, HOURLY RATES OF WAGES PAID, DAILY AND WEEKLY NUMBER OF HOURS WORKED, DEDUCTIONS MADE, AND ACTUAL WAGES PAID. THE RECORDS TO BE MAINTAINED UNDER THIS CLAUSE SHALL BE MADE AVAILABLE BY THE CONTRACTOR OR SUBCONTRACTOR FOR INSPECTION, COPYING, OR TRANSCRIPTION BY AUTHORIZED REPRESENTATIVES OF UMTA, DVT, OR THE DEPARTMENT OF LABOR, AND THE CONTRACTOR OR SUBCONTRACTOR WILL PERMIT SUCH REPRESENTATIVES TO INTERVIEW EMPLOYEES DURING WORKING HOURS ON THE JOB. c. State and Local Government Employees. The provisions of the Fair Labor Standards Act, as amended by Pub. L. 99-150, Nov. 13 , 1985, or as may be amended further, are applicable to State and local government employees that participate in the UMTA assisted Project with the Recipient. Section 117 . Environmental , Resource, Enerqy Protection, and Conservation Requirements. a. Environmental Policv. The National Environmental Policy Act of 1969, as amended, 42 U.S.C. §§ 4321 et sect• ; Section 14 of the Urban Mass Transportation Act of 1964, as amended, 49 U.S.C. app. §§ 1601 et seq• ; the Council on Environmental Quality regulations, 40 C.F.R. Part 1500 et sea• ; and the FHWA/UMTA regulation, "Environmental Impact and Related Procedures, " 23 C.F.R. Part 771, as amended, are applicable to the Project. b. Compliance with Environmental Standards. The Recipient shall comply with the provisions of the Clean Air Act, as amended, 42 U.S.C. §§ 1857 et sea• ; the Federal Water Pollution Control Act, as amended, 33 U.S.C. §§ 1251 et sea• ; and implementing regulations, in the facilities that are involved in the Project for which Federal assistance is given. The Recipient shall ensure that the facilities under ownership, lease or supervision, whether directly or under contract, that will be utilized in the Page 36