2021/10/27 Council Agenda Packet

Federal Transit Administration Clauses 5. BUY AMERICA REQUIREMENTS (Over 150K) Add Certification to Forms section. This clause flows down and extends to all first -tier contractors and their contracts. It must be included in every first -tier contract. The contractor agrees to comply with 49 U.S.C. 5323(j) and 49 C.F.R. part 661, which providethat Federal funds may not be obligated unless all steel, iron, and manufactured products used in FTA funded projects are produced in the United States, unless a waiver has been granted by FTA or the product is subject to a general waiver. General waivers are listed in 49 C.F.R. § 661.7. Separate requirements for rolling stock are set out at 49 U.S.C. 5323(j)(2)(C) and 49 C.F.R. § 661.11. 6. CARGO PREFERENCE REQUIREMENTS a. Cargo Preference - Use of United States -Flag Vessels Include for all contracts in which ocean vessel is used to transport. The contractor agrees: to use privately owned United States -Flag commercial vessels to ship at least 50 percentof the gross tonnage (computed separately for dry bulk carriers, dry cargo liners, and tankers) involved, whenever shipping any equipment, material, or commoditiespursuant to the underlying contract to the extent such vessels are available at fair and reasonable rates for United States -Flag commercial vessels; ii. to furnish within 20 working days following the date of loading for shipments originatingwithin the United States or within 30 working days following the date of loading for shipments originating outside the United States, a legible copy of a rated, "on -board" commercial ocean bill -of -lading in English for each shipment of cargo described in the preceding paragraph to the Division of National Cargo, Office of Market Development, Maritime Administration, Washington, DC 20590 and to the FTA recipient (through the contractor in the case of a subcontractor's bill -of -lading.); and iii. to include these requirements in all subcontracts issued pursuant to this contract when the subcontract may involve the transport of equipment, material, or commodities by ocean vessel. 7. CHARTER SERVICE (NOT APPLICABLE) The Charter Bus requirements apply to contracts for operating public transportation service. 8. CLEAN AIR ACT AND FEDERAL WATER POLLUTION CONTROL ACT (Over 150K) This clause flows down and extends to all third -party contractors and their contracts. It must be included in every tier contract. 6