R2023-159 Resolution Accepting the Proposal and Authorizing the Execution of an Agreement for Professional Services for the Electric Vehicle Readiness Plan with CDM Smith

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20. Clean Air The Contractor agrees to comply with all applicable standards, orders or regulations issued pursuant to the Clean Air Act,as amended,42 U.S.0 7401 through 7671q,and; 1. The Contractor agrees to comply with applicable requirements of Section 176 of the Clean Air Act, 42 U.S.0 7506©, consistent with the joint FHWA/FTA document, "Interim Guidance for Implementing Key SAFETEA-LU Provisions on Planning, Environment, and Air Quality for Joint FHWA/FTA Authorities", dated September 2, 2005, and any subsequent applicable Federal Implementation Plans of Transportation Plans, Programs, and Projects Developed, Funding or Approved Under Title 23 U.S.C. or the Federal Transit Act", 40 CFR Part 51, Subpart T; and "Determining Conformity of Federal Actions to State or Federal Implementation Plans", 40 CFR Part 93 and any subsequent federal conformity regulations that may be promulgated.To support the requisite air quality conformity finding for the Project, the Contractor agrees to implement each air quality mitigation or control measure incorporated in the Project.The Contractor further agrees that any project identified in an applicable State Implementation Plan (SIP) as a Transportation Control Measure, will be wholly consistent with the design concept and scope of the Project set forth in the SIP. 2. Since the City is an operator of a large public transportation bus fleet, the Contractor agrees to comply with the following U.S. EPA regulations to the extent they apply to the Project:"Control of Air Pollution from Mobile Sources,"40 CFR Part 86,and"Fuel Economy of Motor Vehicles,"40 CFR Part 600. 3. The Contractor also agrees to comply with the notification of violating facilities provisions of Executive Order No. 11738, "Administration of the Clean Air Act and the Federal Water Pollution Control Act with Respect to Federal Contracts, Grants or Loans," 42 U.S.C. 7606 note. The Contractor agrees to report each violation, as required to assure notification to FTA and the appropriate EPA Regional Office.The Contractor also agrees to include these requirement in each subcontract exceeding$100,000 in whole or in part with Federal Assistance provided by the FTA. 21. Clean Air The Contractor and its subcontractors, if any, agree to comply with all applicable standards, order or regulations issued pursuant to the Federal Water Pollution Control Act,as amended,33 U.S.C.1251 et seq.The Contractor agrees to report each violation to DPTS and understand and agrees that DPTS will in turn, report each violation as required to assure notification to FTA and the appropriate EPA Regional Office. The Contractor also agrees to include these requirements in each subcontract exceeding$100,000 in whole or in part with Federal assistance provided by FTA. 22. Labor Provisions:Work Hours and Safely Standards Act The following provisions apply to all federally assisted non-construction contracts over$2,500(29 CFR 5.5 (b)). 18