Planning Communities, LLC 1/27/2023

Federal Transit Administration Clauses 21 27. SAFE OPERATION OF MOTOR VEHICLES The Safe Operation of Motor Vehicles requirements apply to all federally funded third party contracts. It flows down to all third-party contractors at every tier. A. Seat Belt Use The Contractor is encouraged to adopt and promote on-the-job seat belt use policies and programs for its employees and other personnel that operate company-owned vehicles, company-rented vehicles, or personally operated vehicles. The terms “company-owned” and “company-leased” refer to vehicles owned or leased either by the Contractor or the City of Everett. B. Distracted Driving The Contractor agrees to adopt and enforce workplace safety policies to decrease crashes caused by distracted drivers, including policies to ban text messaging while using an electronic device supplied by an employer, and driving a vehicle the driver owns or rents, a vehicle Contactor owns, leases, or rents, or a privately-owned vehicle when on official business in connection with the work performed under this agreement. 28. SCHOOL BUS OPERATIONS- NOT APPLICABLE 29. SEISMIC SAFETY The Seismic Safety requirements apply only to contracts for the construction of new buildings or additions to existing buildings. This clause flows down from FTA recipients and subrecipients to first tier contractors to assure compliance with the applicable building standards for Seismic Safety, including the work performed by all subcontractors. The contractor agrees that any new building or addition to an existing building will be designed and constructed in accordance with the standards for Seismic Safety required in Department of Transportation (DOT) Seismic Safety Regulations 49 C.F.R. part 41 and will certify to compliance to the extent required by the regulation. The contractor also agrees to ensure that all work performed under this contract, including work performed by a subcontractor, is in compliance with the standards required by the Seismic Safety regulations and the certification of compliance issued on the project. 30. SUBSTANCE ABUSE REQUIREMENTS This clause applies to third party contractors who perform safety-sensitive functions must comply with FTA’s substance abuse management program under 49 C.F.R. part 655, “Prevention of Alcohol Misuse and Prohibited Drug Use in Transit Operations.” This clause flows down to all third-party contractors at every tier who perform a safety-sensitive function for the City of Everett. Under 49 C.F.R. § 655.4, Safety-sensitive function means any of the following duties, when performed by employees of recipients, subrecipients, operators, or contractors: A. Operating a revenue service vehicle, including when not in revenue service; B. Operating a nonrevenue service vehicle, when required to be operated by a holder of a Commercial Driver's License;