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Section 107 of the Act provides that no laborer or mechanic shall be required to work in surroundings or <br />under working conditions which are unsanitary, hazardous or dangerous to his health and safety, as <br />determined under construction, safety and health standards promulgated by the Secretary of Labor. These <br />requirements do not apply the purchase of supplies or materials or articles ordinarily available to the open <br />market. <br /> <br />ACCESS TO RECORDS AND RECORD RETAINAGE CLAUSE: <br /> <br />In general, all official project records and documents must be maintained dur/ng the operation of this <br />project and for a period &three years following close out in compliance with 4 NCAC 19L Rule 0911, <br />Recordkeeping. <br /> <br />The North Carolina Department of Economic and Community Development, the North Carolina <br />Department of Treasurer, U.S. Department of Housing and Urban Development, and the Comptroller <br />General of the United States, or any of their duly authorized representatives, shall have access to any <br />books, documents, papers and records of the Administering Agency which are pertinent to the execution of <br />this Agreement, for the purpose of making audits, examinations, excerpts and transcriptions in compliance <br />with the above Rule. <br /> <br />CLEAN WATER, CLEAN AIR, EXECUTIVE ORDER 117 & EPA REGULATIONS PROVISION: <br /> <br />Compliance with Air and Water Acts <br /> <br />This agreement is subject to the requirements of the Clean Air Act, as amended, 42 USC 1857 et. Seq. The <br />Federal Water Pollution Control Act, as amended, 33 USC 1251 et. Seq. and the regulations of <br />Environmental Protection Agency with respect thereto, at 40 CFR Part 15, amended from time to time. <br /> <br />The contractor and any of its subcontractors for work funded under this Agreement which is in excess of <br />$100,000, agree to the following requirements: <br /> <br />I) A stipulation by the contractor or subcontractors that any facility to be utilized in the performance of <br /> any nonexempt contract or subcontract is not listed on he List of Violating Facilities issued by the <br /> Environmental Protection Agency (EPA) pursuant to 40 CFR 15.20. <br />2) Agreement by the Contractor to comply with all the requirements of Section 114 of the Clean Air Act, <br /> as amended (42 ISC 157c-8) and Section 308 of the Federal Water Pollution Contro[ Act, as amended, <br /> (33 USC 13'8) relating to inspection, monitoring, entry, reports, and information, as well as all other <br /> requirements specified in said Section 114 and Section 308, and all regulations and guidelines issued <br /> thereunder. <br />3) A stipulation that as a condition for the award of the contract prompt notice will be given of any <br /> notification received from the Director, Office of Federal Activities, EPA, indicating that a facility <br /> utilized or to be utilized for the contract is under consideration to be listed on the EPA list of Violating <br /> Facilities. <br />4) Agreement by the Contractor that he will include or cause to be included the criteria and requirements <br /> in paragraph (1) through (4) of this section in every nonexempt subcontract and requiring that the <br /> contractor will take such action as the Government may direct as a means of enforcing such provisions. <br /> <br />In no event shall any amount of the assistance provided under this Agreement utilized with respect to a <br />facility which has given rise to a conviction under Section 113c(1) of the Clean Air Act or Section 309c of <br />the Federal Water Pollution Control Act. <br /> <br />LEAD BASED PAINT CLAUSE: <br /> <br />The Contractor is hereby specifically made aware of the ECD lead-based paint regulations, 4 NCAC 19L, <br />role, 1011, which are applicable to the construction or rehabilitation of residential structures. The extent <br />that the subject matter o£this contract involves residential structures, the Contractor will comply with the <br />lead based paint regulations. <br /> <br /> <br />