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Federal Transit Administration Clauses <br /> <br />20 <br /> <br />B. Special Warranty. When the Contract involves public transportation operations and is supported <br />with federal assistance appropriated or made available for 49 U.S.C. § 5311, U.S. DOL will provide a <br />Special Warranty for its Award, including its Award of federal assistance under the Tribal Transit <br />Program. The U.S. DOL Special Warranty is a condition of the Contract. <br />C. Special Arrangements. The conditions of 49 U.S.C. § 5333(b) do not apply to Contractors providing <br />public transportation operations pursuant to 49 U.S.C. § 5310. FTA reserves the right to make <br />case-by-case determinations of the applicability of 49 U.S.C. § 5333(b) for all transfers of funding <br />authorized under title 23, United States Code (flex funds), and make other exceptions as it deems <br />appropriate, and, in those instances, any special arrangements required by FTA will be incorporated <br />herein as required. <br />26. RECOVERED MATERIALS - RECYCLED PRODUCTS <br />These requirements extend to all third-party contractors and their contracts at every tier and <br />subrecipients and their subcontracts at every tier where the value of an EPA designated item exceeds <br />$10,000. <br />The Contractor agrees to provide a preference for those products and services that conserve natural <br />resources, protect the environment, and are energy efficient by complying with and facilitating <br />compliance with Section 6002 of the Resource Conservation and Recovery Act, as amended, 42 U.S.C. § <br />6962, and U.S. Environmental Protection Agency (U.S. EPA), “Comprehensive Procurement Guideline for <br />Products Containing Recovered Materials,” 40 C.F.R. part 247. <br />27. SAFE OPERATION OF MOTOR VEHICLES <br />The Safe Operation of Motor Vehicles requirements apply to all federally funded third party contracts. It <br />flows down to all third-party contractors at every tier. <br />A. Seat Belt Use <br />The Contractor is encouraged to adopt and promote on-the-job seat belt use policies and programs <br />for its employees and other personnel that operate company-owned vehicles, company-rented <br />vehicles, or personally operated vehicles. The terms “company-owned” and “company-leased” refer <br />to vehicles owned or leased either by the Contractor or the City of Everett. <br />B. Distracted Driving <br />The Contractor agrees to adopt and enforce workplace safety policies to decrease crashes caused by <br />distracted drivers, including policies to ban text messaging while using an electronic device supplied <br />by an employer, and driving a vehicle the driver owns or rents, a vehicle Contactor owns, leases, or <br />rents, or a privately-owned vehicle when on official business in connection with the work performed <br />under this agreement. <br />28. SCHOOL BUS OPERATIONS (NOT APPLICABLE) <br />29. SEISMIC SAFETY <br />The Seismic Safety requirements apply only to contracts for the construction of new buildings or additions