5-07 - Exhibit E - 33-214.pdf

Solicitation No. 2098066

Form 33.214 (11/25) Page 1 of 8 Exhibit E

DALLAS AREA RAPID TRANSIT

EXHIBIT E

ADDENDUM TO GENERAL PROVISIONS

(SUPPLIES/SERVICES CONTRACT)

TABLE OF CONTENTS

1. Access Requirements for Individuals with Disabilities (F-112, NOV ‘25)

2. Audit and Inspection of Records (F-110, NOV ‘25)

3. Cargo Preference - Use of United States-Flag Vessels (F-109, NOV ‘25)

4. Clean Air and Water Act (F-105, NOV ‘25)

5. Contract Work Hours and Safety Standards Act- Overtime Compensation-Nonconstruction (F-103, NOV ‘25)

6. Small Business Enterprise/Small Business Concern (SBC) Participation (B-100.17B, NOV 25)

7. Disputes, Breaches, Defaults, and Litigation (F-188, NOV ‘25)

8. Energy Policy and Conservation Act (F-106, NOV ‘25)

9. Equal Employment Opportunity (F-101, NOV ‘25)

10. Federal Changes (F-177, NOV ‘25)

11. Fly America Requirements (F-130, NOV ‘25)

12. Incorporation of Federal Transit Administration (FTA) Terms (F-133, NOV ‘25)

13. No Federal Government Obligations to Third Parties (F-174, NOV ‘25)

14. Non-Discrimination Assurance (F-128, NOV ‘25)

15. Notice of Federal Requirements (F-113, NOV ‘25)

16. Officials Not to Benefit (F-107, NOV ‘25)

17. Preference for Recycled Products (F-178, NOV ‘25)

18. Program Fraud and False or Fraudulent Statements or Related Acts (F-132, NOV ‘25)

19. Restrictions on Lobbying (F-111, NOV ‘25

20. Safe Operation of Motor Vehicles (F-187, NOV ’25)

21. Title VI Civil Rights Act of 1964 (F-104, NOV ‘25

The Contract clauses and provisions in this Exhibit apply to all federally-assisted supply and service contracts. These provisions supersede and take precedence over any other clause or provision contained within this contract that may be in conflict therewith.

1. Access Requirements for Individuals with Disabilities (F-112, NOV ‘25)

The Contractor shall comply with all applicable requirements of the Americans with Disabilities Act of 1990 (ADA), 42 U.S.C. 12101 et seq. and 49 U.S.C. 322; Section 504 of the Rehabilitation Act of 1973, as amended, 29 U.S.C. 794;

Section 16 of the Federal Transit Act, as amended, 49 U.S.C. app. 1612; and the following regulations and any amendments thereto:

(1) US. DOT regulations, "Transportation Services for Individuals with Disabilities (ADA)," 49 CFR. Part 37;

(2) US. DOT regulations, "Nondiscrimination on the Basis of Handicap in Programs and Activities Receiving or Benefiting from Federal Financial Assistance," 49 CFR. Part 27;

(3) US. DOT regulations, "Americans with Disabilities (ADA) Accessibility Specifications for Transportation Vehicles," 49 CFR. Part 38;

(4) Department of Justice (DOJ) regulations, "Nondiscrimination on the Basis of Disability in State and Local Government Services," 28 CFR. Part 35;

(5) DOJ regulations, "Nondiscrimination on the Basis of Disability by Public Accommodations and in Commercial Facilities," 28 CFR. Part 36;

(6) General Services Administration regulations, "Construction and Alteration of Public Buildings, “Accommodations for the Physically Handicapped," 41 CFR Part 101-19;

(7) Equal Employment Opportunity Commission (EEOC) "Regulations to Implement the Equal Employment Provisions of the Americans with Disabilities Act," 29 CFR. Part 1630;

Form 33.214 (11/25) Page 2 of 8 Exhibit E

(8) Federal Communications Commission regulations, "Telecommunications Relay Services and Related Customer Premises Equipment for the Hearing and Speech Disabled," 47 CFR. Part 64, Subpart F; and

(9) FTA regulations, "Transportation for Elderly and Handicapped Persons," 49 CFR Part 609.

2. Audit and Inspection of Records (F-110, NOV ‘25)

(a) This clause is applicable if this contract was entered into by means of negotiation and shall become operative with respect to any modification to this contract whether this contract was initially entered into by means of negotiation or by means of formal advertising.

(b) The Contractor shall maintain records, and the Contracting Officer, the U.S. Department of Transportation, and the Comptroller General of the United States or any of their duly authorized representatives shall, until the expiration of three years after final payment under this contract, have access to and the right to examine any directly pertinent books, documents, papers and records of such Contractor, involving transactions related to the contract, for the purpose of making audit, examination, excerpts and transcriptions.

(c) The Contractor further agrees to include in all his subcontracts hereunder a provision to the effect that the subcontractor agrees that the Contracting Officer, the US. Department of Transportation, and the Comptroller General of the United States or any of their duly authorized representatives shall, until the expiration of three years after final payment under this contract, have access to and the right to examine any directly pertinent books, documents, papers and records of such subcontractor, involving transactions related to the subcontract, for the purpose of making audit, examination, excerpts and transcriptions.

3. Cargo Preference - Use of United States-Flag Vessels (F-109, NOV ‘25)

This clause applies to contracts involving materials, equipment, or commodities that may be transported by ocean vessel in carrying out the terms of the contract. As required by 46 C.F.R. Part 381, the Contractor agrees:

(a) To utilize privately owned United States-Flag commercial vessels to ship at least fifty percent (50%) of the gross tonnage (computed separately for dry bulk carriers, dry cargo liners and tankers) involved, whenever shipping any equipment, materials, or commodities pursuant to this section, to the extent such vessels are available at fair and reasonable rates for United States-Flag commercial vessels.

(b) To furnish within twenty (20) working days following the date of loading for shipments originating with the United States, or within thirty (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 paragraph (a) above to the Authority (through the Prime Contractor in the case of subcontractor bills-of-lading), to the Division of National Cargo, Office of Market Development, Maritime Administration, Washington, D.C. 20590, and to the FTA recipient, marked with appropriate identification of the Project.

(c) To insert the substance of the provisions of this clause in all subcontracts issued pursuant to this contract that may involve the transport of equipment, material, or commodities by ocean vessel.

4. Clean Air and Water Act (F-105, NOV ‘25)

(a) Definitions:

(1) "Air Act," as used in this clause, means the Clean Air Act (42 U.S.C. 7401 et seq.).

(2) "Clean air standards," as used in this clause, means:

(i) Any enforceable rules, regulations, guidelines, standards, limitations, orders, controls, prohibitions, work practices, or other requirements contained in, issued under, or otherwise adopted under the Air Act or Executive Order 11738;

(ii) An applicable implementation plan as described in Section 110(d) of the Air Act [42 U.S.C. 7410(d)];

Form 33.214 (11/25) Page 3 of 8 Exhibit E

(iii) An approved implementation procedure or plan under Section 110(c) or Section 111(d) of the Air Act [42 U.S.C. 7411(c) or (d)]; or

(iv) An approved implementation procedure under Section 112(d) of the Air Act [42 U.S.C. 7412(d)].

(3) "Clean water standards," as used in this clause, means any enforceable limitation, control, condition, prohibition, standard, or other requirement promulgated under the Water Act or contained in a permit issued to a discharger by the Environmental Protection Agency or by a State under an approved program, as authorized by Section 402 of the Water Act (33 U.S.C. 1342), or by local government to ensure compliance with pre-treatment regulations as required by Section 307 of the Water Act (33 U.S.C. 1317).

(4) "Compliance," as used in this clause, means compliance with:

(i) Clean air or water standards; or

(ii) A schedule or plan ordered or approved by a court of competent jurisdiction, the Environmental Protection Agency, or an air or water pollution control agency under the requirements of the Air Act or Water Act and related regulations.

(5) "Facility," as used in this clause, means any building, plant, installation, structure, mine, vessel or other floating craft, location, or site of operations, owned, leased, or supervised, by a Contractor or subcontractor, used in the performance of a contract or subcontract. When a location or site of operations includes more than one building, plant, installation, or structure, the entire location or site shall be deemed a facility except when the Administrator, or a designee of the Environmental Protection Agency, determines that independent facilities are co-located in one geographical area.

(6) "Water Act," as used in this clause, means Clean Water Act (33 U.S.C. 1251 et seq.).

(b) The Contractor agrees:

(1) To comply with all the requirement of Section 114 of the Clean Air Act (42 U.S.C. 7414) and Section 308 of the Clean Water Act (33 U.S.C. 1318) relating to inspection, monitoring, entry, reports, and information, as well as other requirements specified in Section 114 and Section 308 of the Air Act and the Water Act, and all regulations and guidelines issued to implement those acts before the award of this contract;

(2) That no portion of the work required by this prime contract will be performed in a facility listed on the Environmental Protection Agency List of Violating Facilities on the date when this contract was awarded unless and until the EPA eliminates the name of the facility from the listing;

(3) To use best effort to comply with clean air standards and clean water standards at the facility in which the contract is being performed; and

(4) To insert the substance of this clause into any nonexempt subcontract, including this paragraph (b)(4).

5. Contract Work Hours and Safety Standards Act- Overtime Compensation-Nonconstruction (F-103, NOV ‘25)

(a) Overtime Requirements. No Contractor or subcontractor employing laborers or mechanics for any part of the contract work shall require or permit them to work in excess of forty (40) hours in any workweek, unless they are paid at least one and one-half (1-1/2) times the basic rate of pay for all hours worked in excess of forty (40) hours in such workweek.

(b) Violation; Liability for Unpaid Wages; Liquidated Damages. In the event of any violation of the provisions set forth in paragraph (a) of this clause, the Contractor and any subcontractor responsible therefore shall be liable for the unpaid wages. In addition, such Contractor and subcontractor shall be liable to the United States (in the case of work done under contract for the District of Columbia or a territory, to such District or to such territory), for liquidated damages. Such liquidated damages shall be computed with respect to each individual laborer or mechanic, including watchmen and guards, employed in violation of the provisions set forth in paragraph (a) of this clause in the sum of $10 for each calendar day on which such individual was required or permitted to work in excess of the standard workweek of forty (40) hours without payment of the overtime wages required by the provisions set forth in paragraph (a) of this clause.

Form 33.214 (11/25) Page 4 of 8 Exhibit E

(c) Withholding for Unpaid Wages and Liquidated Damages. The Contracting Officer shall withhold from payments due under the contract, sufficient funds required to satisfy any Contractor or subcontractor liabilities for unpaid wages and liquidated damages. If amounts withheld under the contract are insufficient to satisfy Contractor and subcontractor liabilities, the Contracting Officer shall withhold payments from other Federal or Federally assisted contracts held by the same Contractor that are subject to the Contract Work Hours and Safety Standards Act.

(d) Payrolls and Basic Records.

(1) The Contractor or subcontractor shall maintain payrolls and basic payroll records during the course of contract work and shall preserve them and make them available for a period of three (3) years after completion of the contract for all laborers and mechanics working on the contract. The records shall contain the name and address of each such employee, social security number, labor classification, hourly rates of wages paid, daily and weekly number of hours worked, deductions made, and actual wages paid. The records need not duplicate those required for construction work by Department of Labor regulations at 29 CFR. 5.5(a)(3) implementing the Davis-Bacon Act.

(2) The records maintained under paragraph (d)(1) of this clause shall be made available by the Contractor and its subcontractors for inspection, copying, or transcription by authorized representatives of the Contracting Officer or the Department of Labor. The Contractor or subcontractor shall allow the authorized representatives to interview employees in the workplace during working hours.

(e) Subcontracts. The Contractor or subcontractors shall insert the provisions set forth in paragraphs (a) through

(e) of this clause in any subcontracts and also require their subcontractors to include these provisions in any lower tier subcontracts. The Prime Contractor shall be responsible for compliance by any subcontractor or lower tier subcontractor with the provisions set forth in paragraphs (a) through (e) of this clause.

6. Small Business Enterprise/Small Business Concern (SBC) Participation (B-100.17B, NOV 25) It is the policy of the Authority and the U.S. Department of Transportation (DOT) to ensure that Small Business Enterprises/Concerns (SBCs) are provided a level playing field, thus fostering an equal opportunity for them to participate in the performance of contracts financed in whole or in part with Federal funds. Consequently, the SBC requirements of 49 CFR Part 26.39 apply to this solicitation.

7. Disputes, Breaches, Defaults, and Litigation (F-188, NOV ‘25)

(a) FTA Interest. FTA has a vested interest in the settlement of any violation of federal law, regulation, or requirement, or any disagreement involving the Award, the accompanying Underlying Agreement, and any Amendments thereto including, but not limited to, a default, breach, major dispute, or litigation, and FTA reserves the right to concur in any settlement or compromise.

(b) Notification to FTA; Flow Down Requirement. If a current or prospective legal matter that may affect the Federal Government emerges, the Recipient must promptly notify the FTA Chief Counsel and FTA Regional Counsel for the Region in which the Recipient is located. The Recipient must include a similar notification requirement in its Third-Party Agreements and must require each Third Party Participant to include an equivalent provision in its subagreements at every tier, for any agreement that is a “covered transaction” according to 2 C.F.R. §§ 180.220 and 1200.220.

(1) The types of legal matters that require notification include, but are not limited to, a major dispute, breach, default, litigation, or naming the Federal 96 Government as a party to litigation or a legal disagreement in any forum for any reason.

(2) Matters that may affect the Federal Government include, but are not limited to, the Federal Government’s interests in the Award, the accompanying Underlying Agreement, and any Amendments thereto, or the Federal Government’s administration or enforcement of federal laws, regulations, and requirements.

Form 33.214 (11/25) Page 5 of 8 Exhibit E

(3) Additional Notice to U.S. DOT Inspector General. The Recipient must promptly notify the U.S. DOT Inspector General in addition to the FTA Chief Counsel or Regional Counsel for the Region in which the Recipient is located, if the Recipient has knowledge of potential fraud, waste, or abuse occurring on a Project receiving assistance from FTA. The notification provision applies if a person has or may have submitted a false claim under the False Claims Act, 31 U.S.C. § 3729, et seq., or has or may have committed a criminal or civil violation of law pertaining to such matters as fraud, conflict of interest, bid rigging, misappropriation or embezzlement, bribery, gratuity, or similar misconduct involving federal assistance. This responsibility occurs whether the Project is subject to this Agreement or another agreement between the Recipient and FTA, or an agreement involving a principal, officer, employee, agent, or Third-Party Participant of the Recipient. It also applies to subcontractors at any tier. Knowledge, as used in this paragraph, includes, but is not limited to, knowledge of a criminal or civil investigation by a Federal, state, or local law enforcement or other investigative agency, a criminal indictment or civil complaint, or probable cause that could support a criminal indictment, or any other credible information in the possession of the Recipient. In this paragraph, “promptly” means to refer information without delay and without change. This notification provision applies to all divisions of the Recipient, including divisions tasked with law enforcement or investigatory functions.

(c) Federal Interest in Recovery. The Federal Government retains the right to a proportionate share of any proceeds recovered from any third party, based on the percentage of the federal share for the Underlying Agreement. Notwithstanding the preceding sentence, the Recipient may return all liquidated damages it receives to its Award Budget for its Underlying Agreement rather than return the federal share of those liquidated damages to the Federal Government, provided that the Recipient receives FTA’s prior written concurrence.

(d) Enforcement. The Recipient must pursue its legal rights and remedies available under any third party agreement or any federal, state, or local law or regulation.

8. Energy Policy and Conservation Act (F-106, NOV ‘25)

The Contractor shall comply with mandatory standards and policies relating to energy efficiency contained in the State Energy Conservation Plan issued in compliance with the Energy Policy and Conservation Act (42 U.S.C. Section 6321, et seq., and 49 CFR Part 18).

9. Equal Employment Opportunity (F-101, NOV ‘25)

This clause applies to all contracts, except contracts for standard commercial supplies or raw materials and construction. During the performance of this contract, the Contractor agrees as follows:

(a) The Contractor shall not discriminate against any employee or applicant for employment because of race, color, creed, sex, disability, age, or national origin (including sexual orientation and gender identity).

(b) The Contractor shall take affirmative action to ensure that applicants are employed, and that employees are treated during employment, without regard to their race, color, creed, sex, disability, age, or national origin (including sexual orientation and gender identity). This shall include, but not be limited to: employment;

upgrading; demotion or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship.

(c) The Contractor shall include the provisions of paragraphs (a) and (b) of this clause in every subcontract or purchase order except for standard commercial supplies or raw materials and construction.

10. Federal Changes (F-177, NOV ‘25)

(a) Federal Laws, Regulations, and Directives. The Authority understands and agrees that Federal laws, regulations, and directives applicable to the Project and to the Grant Agreement may be modified from time to time. In particular, new Federal laws, regulations, and directives may become effective after the Authority executes the underlying Grant Agreement for the Project, and might apply to that Agreement. The most recent of Federal laws, regulations, and directives will apply to the Agreement at any specific time, except as FTA determines otherwise in writing.

Form 33.214 (11/25) Page 6 of 8 Exhibit E

(b) The Contractor shall at all times comply with all applicable FTA regulations, policies, procedures and directives, including without limitation those listed directly or by reference in the Master Agreement between the Authority and FTA, as they may be amended or promulgated from time to time during the term of this Contract. The Contractor's failure to so comply shall constitute a material breach of this Contract.

11. Fly America Requirements (F-130, NOV ‘25)

The Contractor agrees to comply with 49 U.S.C. 40118 (the "Fly America" Act) in accordance with the General Services Administration's regulations at 41 CFR Part 301-10, which provide that recipients and subrecipients of Federal funds and their contractors are required to use U.S. Flag air carriers for U.S Government-financed international air travel and transportation of their personal effects or property, to the extent such service is available, unless travel by foreign air carrier is a matter of necessity, as defined by the Fly America Act. The Contractor shall submit, if a foreign air carrier was used, an appropriate certification or memorandum adequately explaining why service by a U.S. flag air carrier was not available or why it was necessary to use a foreign air carrier and shall, in any event, provide a certificate of compliance with the Fly America requirements. The Contractor agrees to include the requirements of this section in all subcontracts that may involve international air transportation.

12. Incorporation of Federal Transit Administration (FTA) Terms (F-133, NOV ‘25)

These provisions include, in part, certain Standard Terms and Conditions required by the U.S. DOT, whether or not expressly set forth herein. All contractual provisions required by DOT, as set forth in the most recent edition of FTA Circular 4220.1F, and any revisions thereto, are hereby incorporated by reference. All FTA mandated terms shall be deemed to control in the event of a conflict with other provisions contained in this contract. The Contractor shall not perform any act, fail to perform any act, or refuse to comply with any Authority requests that would cause the Authority to be in violation of the FTA terms and conditions.

13. No Federal Government Obligations to Third Parties (F-174, NOV ‘25)

Except as the Federal Government expressly consents in writing, the Authority agrees that:

(a) The Federal Government shall not be subject to any obligations or liabilities related to:

(1) The Project,

(2) Any third-party participant at any tier, or

(3) Any other person or entity that is not a party (Authority or FTA) to the underlying Agreement.

(b) Notwithstanding that the Federal Government may have concurred in or approved any solicitation or third party contract at any tier that has affected the Project, the Federal Government has no obligations or liabilities to any:

(1) Third party participant, or

(2) Any other person or entity that is not a party (Authority or FTA) to the underlying Agreement.

14. Non-Discrimination Assurance (F-128, NOV ‘25)

The Contractor or subcontractor shall take affirmative action to ensure that applicants are employed, and that employees are treated during employment, without regard to their race, color, religion, sex, disability or national origin (including sexual orientation and gender identity) in the performance of this contract. The Contractor shall carry out the applicable requirements of 49 CFR Part 26 in the award and administration of DOT-assisted contracts. 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 Authority deems appropriate. The Contractor understands that it is required to insert the substance of this clause in all subcontracts and purchase orders.

15. Notice of Federal Requirements (F-113, NOV ‘25)

The Contractor is advised that Federal requirements applicable to this contract as set forth in federal law, regulations, policies, and related administrative practices may change during the performance of this contract. Any such changes shall also apply to this contract.

Form 33.214 (11/25) Page 7 of 8 Exhibit E

16. Officials Not to Benefit (F-107, NOV ‘25)

No member of or delegate to Congress, or resident commissioner, shall be admitted to any share or part of this contract or to any benefit arising from it. However, this clause does not apply to this contract to the extent that this contract is made with a corporation for the corporation's general benefit.

17. Preference for Recycled Products (F-178, NOV ‘25)

Except as the Federal Government determines otherwise in writing, the Contractor agrees to provide a competitive preference for products and services that conserve natural resources, protect the environment, and are energy efficient by:

(a) Complying and facilitating compliance with Section 6002 of the Resource Conservation and Recovery Act, as amended, 42 U.S.C. § 6962; and

(b) Complying with U.S. Environmental Protection Agency (U.S. EPA), “Comprehensive Procurement Guideline for Products Containing Recovered Materials,” 40 C.F.R. Part 247.

18. Program Fraud and False or Fraudulent Statements or Related Acts (F-132, NOV ‘25)

(a) The Contractor acknowledges that the provisions of the Program Fraud Civil Remedies Act of 1986, as amended, 31 U.S.C. § 3801, et seq., and U.S. DOT regulations, "Program Fraud Civil Remedies," 49 C.F.R.

Part 31, apply to its actions pertaining to this contract. Upon execution of the underlying contract, the Contractor certifies or affirms the truthfulness and accuracy of any statement it has made, it makes, it may make, or causes to be made, pertaining to the underlying contract or the FTA assisted project for which this contract work is being performed. In addition to other penalties that may be applicable, the Contractor further acknowledges that if it makes, or causes to be made, a false, fictitious, or fraudulent claim, statement, submission, or certification, the Federal Government reserves the right to impose the penalties of the Program Fraud Civil Remedies Act of 1986 on the Contractor to the extent the Federal Government deems appropriate.

(b) The Contractor also acknowledges that if it makes, or causes to be made, a false, fictitious, or fraudulent claim, statement, submission, or certification to the Federal Government under a contract connected with a project that is financed in whole or in part with Federal assistance originally awarded by FTA under the authority of 49 U.S.C. § 5307, the Government reserves the right to impose the penalties of 18 U.S.C. § 1001 and 49 U.S.C. § 5307(n)(1) on the Contractor, to the extent the Federal Government deems appropriate.

(c) 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.

19. Restrictions on Lobbying (F-111, NOV ‘25

Contractors that submit an offer of $100,000 or more shall file the certification required by 49 CFR Part 20, "New Restrictions on Lobbying." Each tier certifies to the tier above that it will not and has not used Federal appropriated funds to pay any person or organization for influencing or attempting to influence an officer or employee of any agency, a member of Congress, officer or employee of Congress, or an employee of a member of Congress in connection with obtaining any Federal contract, grant, or any other award covered by 31 U.S.C. § 1352. Each tier shall also disclose the name of any registrant under the Lobbying Disclosure Act of 1995 who has made lobbying contacts on its behalf with non-Federal funds with respect to that Federal contract, grant, or award covered by 31 U.S.C. § 1352. Such disclosure forms shall be forwarded from tier to tier and furnished to the Contracting Officer.

20. Safe Operation of Motor Vehicles (F-187, NOV ’25)

Seat Belt Use

(a) 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 AGENCY.

Form 33.214 (11/25) Page 8 of 8 Exhibit E

Distracted Driving

(b) The Contactor 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 Contractor owns, leases, or rents, or a privately-owned vehicle when on official business in connection with the work performed under this agreement.

21. Title VI Civil Rights Act of 1964 (F-104, NOV ‘25

Civil Rights - The following requirements apply to the underlying contract:

(a) Nondiscrimination - In accordance with Title VI of the Civil Rights Act, as amended, 42 U.S.C. § 2000d; section 303 of the Age Discrimination Act of 1975, as amended; 42 U.S.C. § 6102; section 202 of the Americans with Disabilities Act of 1990; 42 U.S.C. § 12132, and Federal transit law at 49 U.S.C. § 5332, the Contractor agrees that it will not discriminate against any employee or applicant for employment because of race, color, creed, national origin, sex, age, or disability. In addition, the Contractor agrees to comply with applicable Federal implementing regulations and other implementing requirements FTA may issue.

(b) Equal Employment Opportunity - The following equal employment opportunity requirements apply to the underlying contract:

(1) Race, Color, Creed, National Origin, Sex - In accordance with Title VII of the Civil Rights Act, as amended;

42 U.S.C. § 2000e; and Federal transit laws at 49 U.S.C. § 5332, the Contractor agrees to comply with all applicable equal employment opportunity requirements of U.S. Department of Labor (U.S. DOL) regulations, "Office of Federal Contract Compliance Programs, Equal Employment Opportunity, Department of Labor," 41 C.F.R. Parts 60, et seq., (which implement Executive Order No. 11246, "Equal Employment Opportunity," as amended by Executive Order No. 11375, "Amending Executive Order 11246 Relating to Equal Employment Opportunity"; 42 U.S.C. § 2000e note; and with any applicable Federal statutes, executive orders, regulations, and Federal policies that may in the future affect construction activities undertaken in the course of the Project.

The Contractor agrees to take affirmative action to ensure that applicants are employed, and that employees are treated during employment, without regard to their race, color, creed, national origin, sex, or age. Such action shall include, but not be limited to, the following: employment, upgrading, demotion or transfer, recruitment or recruitment advertising, layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. In addition, the Contractor agrees to comply with any implementing requirements FTA may issue.

(2) Age - In accordance with section 4 of the Age Discrimination in Employment Act of 1967, as amended, 29 U.S.C. § 623, and Federal transit law at 49 U.S.C. § 5332, the Contractor agrees to refrain from discrimination against present and prospective employees for reason of age. In addition, the Contractor agrees to comply with any implementing requirements FTA may issue.

(3) Disabilities - In accordance with section 102 of the Americans with Disabilities Act, as amended, 42 U.S.C.

§ 12112, the Contractor agrees that it will comply with the requirements of U.S. Equal Employment Opportunity Commission, "Regulations to Implement the Equal Employment Provisions of the Americans with Disabilities Act," 29 C.F.R. Part 1630, pertaining to employment of persons with disabilities. In addition, the Contractor agrees to comply with any implementing requirements FTA may issue.

(c) The Contractor also agrees to include these requirements in each subcontract financed in whole or in part with Federal assistance provided by FTA, modified only if necessary to identify the affected parties.

(e) Subcontracts. The Contractor or subcontractors shall insert the provisions set forth in paragraphs (a) through (e) of this clause in any subcontracts and also require their subcontractors to include these provisions in any lower tier subcontracts

(c) The Contractor also agrees to include these requirements in each subcontract financed in whole or in part with Federal assistance provided by FTA, modified only if necessary to identify the affected parties.