Agenda

(4) Subcontracts - Seller or subcontractor shall insert in any subcontracts the clauses set forth in this
section and also a clause requiring the subcontractors to include these clauses in any lower tier
subcontracts. Prime contractor shall be responsible for compliance by any subcontractor or lower tier
subcontractor with the clauses set forth in this section,

16.Recycled Products

The Contractor agrees to provide a preference for those products and services that conserve

14.Bonding
Please see Bonding Language in Article 8 of the Agreement

15.Employee Protections

Prevailing Wage and Anti-Kickback

For all prime construction, alteration or repair contracts in excess of $2,000 awarded by FTA, the
Contractor shall comply with the Davis-Bacon Act and the Copeland “Anti-Kickback” Act, Under 49

U.S.C, § 5333(a), prevailing wage protections apply to laborers and mechanics employed on FTA assisted
construction, alteration, or repair projects. The Contractor will comply with the Davis-Bacon Act,

11.Fly America Requirements.

For contracts involving transportation of persons or property, by air between the U.S. and/or places outside
the U.S, These requirements do not apply to micro-purchases ($3,500 or less, except for construction
contracts over $2,000).

10.Buy America
The contractor agrees to comply with 49 U.S.C. 5323(j) and 49 C.F.R. part 661, which provide that
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.

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2. Contractor shall include these requirements in each subcontract exceeding $100,000 financed in
whole or in part with FTA assistance.

(c) Clean Water

administration of this DOT-assisted contract, Failure by the Contractor to carry out these requirements is a
material breach of this contract, which may result in the termination of this contract or such other remedy, as
the City deems appropriate, Each subcontract the Contractor signs with a subcontractor must include the
assurance in this paragraph (see 49 CFR 26.13(b)).

The Contractor will be required to report its DBE participation obtained through race-neutral means
throughout the period of performance,

with Disabilities Act of 1990, § 12132, and Federal transit law at 49 U.S.C. § 5332, all as amended as well
as USDOT regulations, "Nondiscrimination in Federally-Assisted Programs of the Department of
Transportation", 49 CFR Part 21. In addition, the Contractor agrees to comply with applicable Federal
implementing regulations and other implementing requirements FTA may issue.

b, Equal Employment Opportunity

The Contractor agrees to include the above two clauses in each subcontract financed in whole or in part with
Federal assistance provided by FTA. It is further agreed that the clauses shall not be modified, except to
identify the subcontractor who will be subject to the provisions.

4, Records.

Federal Clauses —- Sewer Line Replacements & Associated Administrative Building
Repairs

1. No Federal Government Obligation to Third Parties,