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AG 2014 06 16
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AG 2014 06 16
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Last modified
6/18/2014 9:32:09 AM
Creation date
11/27/2017 10:47:36 AM
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Meeting Minutes
Doc Type
Agenda
Meeting Minutes - Date
6/16/2014
Board
Board of Commissioners
Meeting Type
Regular
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(a) The Contractor agrees to comply with all applicable standards, orders, or regulations issued <br />pursuant to Section 508 of the Clean Water Act, as amended, 33 U.S.C. § 1368, and other <br />applicable requirements of the Clean Water Act, as amended, 33 U.S.C. §§ 1251 through 1377, <br />The Contractor agrees to report each violation as required to assure notification to FTA and the <br />appropriate EPA Regional Office. <br />(b) The Contractor also agrees to include these requirements in each subcontract exceeding <br />$100,000 financed in whole or in part with Federal assistance provided by FTA. <br />11. Environmental Protection <br />The Contractor agrees to comply with all applicable requirements of the National Environmental <br />Policy Act of 1969, as amended, (NEPA) 42 U.S.C. §§ 4321 through 4335 (as restricted by 42 <br />U.S. C. § 5159, if applicable); Executive Order No. 11514, as amended, "Protection and <br />Enhancement of Environmental Quality," 42 U.S.C. § 4321 note; FTA statutory requirements at <br />49 U.S.C. § 5323(c)(2) ), as amended by MAP -21, ; U.S. Council on Environmental Quality <br />regulations pertaining to compliance with NEPA, 40 C.F.R. Parts 1500 through 1508; and joint <br />FHWA FTA regulations, "Environmental Impact and Related Procedures," 23 C.F.R. Part 771 <br />and 49 C.F.R. Part 622; and other applicable Federal environmental protection regulations that <br />may be promulgated at a later date. The Contractor agrees to comply with the applicable <br />provisions of 23 U.S.C. § 139 pertaining to environmental procedures, and 23 U.S.C. § 326, <br />pertaining to Purchaser's responsibility for categorical exclusions, in accordance with the <br />provisions of joint FHWA/FTA final guidance, "Environmental Review Process (Public Law 109- <br />59)," 71 Fed. Reg. 66576 et seq. November 15, 2006 and any applicable Federal directives <br />that may be issued at a later date, except to the extent that FTA determines otherwise in writing. <br />12. Enemy Conservation <br />The Contractor agrees to comply with mandatory standards and policies relating to energy <br />efficiency that are contained in the state energy conservation plans issued in compliance with <br />the Energy Policy and Conservation Act, 42 U.S.C. Sect. 6321 et seq. <br />13. Buy America <br />If the Contractor is providing vehicles as part of the operations or service agreement, the <br />vehicles must meet Buy America. The Contractor agrees to comply with 49 U.S.C. § 53230), as <br />amended by MAP -21 and 49 C.F.R. part 661, to the extent consistent with MAP -21, and <br />subsequent amendments to those regulations that may be promulgated. The Contractor also <br />agrees to comply with FTA directives to the extent those directives are consistent with MAP -21, <br />except to the extent that FTA determines otherwise in writing. Buy America requirements state <br />that Federal funds may not be obligated unless steel, iron, and manufactured products used in <br />FTA- funded projects are produced in the United States, unless a waiver has been granted by <br />FTA or the product is subject to a general waiver. General waiver requirements are listed in 49 <br />CFR 661.7. Appendix A grants a general public interest waiver from the Buy America <br />requirements that apply to microprocessors, computers, microcomputers, or software, or other <br />such devices, which are used solely for the purpose of processing or storing data. This general <br />waiver does not extend to a product or device, which merely contains a microprocessor or <br />microcomputer and is not used solely for the purpose of processing or storing data. Small <br />purchases (currently less than $100,000) made with capital, operating, or planning funds are <br />also exempt from the Buy America requirements. <br />29 <br />Attachment number 2 <br />F -4 Page 135 <br />
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