Planning Communities, LLC 1/27/2023

Federal Transit Administration Clauses 5 *Excludes cement and cementitious materials, aggregates such as stone, sand, or gravel, or aggregate binding agents or additives. The Buy America preference only applies to articles, materials, and supplies that are consumed in, incorporated into, or affixed to an infrastructure project. As such, it does not apply to tools, equipment, and supplies, such as temporary scaffolding, brought to the construction site and removed at or before the completion of the infrastructure project. Nor does a Buy America preference apply to equipment and furnishings, such as movable chairs, desks, and portable computer equipment, that are used at or within the finished infrastructure project, but are not an integral part of the structure or permanently affixed to the infrastructure project. 7. CARGO PREFERENCE REQUIREMENTS – NOT APPLICABLE A. Cargo Preference - Use of United States-Flag Vessels Include for all contracts in which ocean vessel is used to transport. 8. CHARTER SERVICE - NOT APPLICABLE The Charter Bus requirements apply to contracts for operating public transportation service. 9. 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. The Contractor agrees: 1. It will not use any violating facilities; 2. It will report the use of facilities placed on or likely to be placed on the U.S. EPA “List of Violating Facilities;” 3. It will comply with the inspection and other requirements of the Clean Air Act, as amended, (42 U.S.C. §§ 7401 – 7671q); and the Federal Water Pollution Control Act as amended, (33 U.S.C. §§ 1251-1388). 4. It will report violations must to the Federal awarding agency and the Regional Office of the Environmental Protection Agency (EPA). 10. CIVIL RIGHTS AND EQUAL OPPORTUNITY This clause flows down and extends to all third-party contractors and their contracts. It must be included in every tier contract. The City of Everett is an Equal Opportunity Employer. As such, the City of Everett and all third-party contractors and their contracts agree to prohibit discrimination based on race, color, religion, sex, sexual orientation, gender identity, or national origin, and comply with all applicable Federal civil rights laws and implementing regulations. Apart from inconsistent requirements imposed by Federal laws or regulations, the City of Everett agrees to comply with the requirements of 49 U.S.C. § 5323(h)(3) by not using any