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FUNDING

Financial support of this project may be provided through financial assistance grants from the
Federal Transit Administration (FTA). Any obligations of NTS are contingent upon reccipt of
adequate funding.

PAYMENT TO CONTRACTOR

a. Payment Schedule

NTS will pay the full price of each bus upon final acceptance of the coach and receipt of an
approved invoice.

b. Payment Terms

NTS will make payment to the Bidder within thirty (30) days from date of receipt of a properly
documented and correct invoice from the Bidder and acceptance by NTS.

c. Invoicing

Bidder's invoices must include NTS’s Purchase Order number, be billed and payable in U.S.
dollars and paid by check issued by the City of Nashua. The Bidder and NTS may use other
payment methods if agreed to by both the Bidder and NTS.

d. Maximum Payment

NTS will pay a maximum of the total amount listed on the original Purchase Order to the
Bidder for the deliverables to be provided under the contract, unless otherwise amended
via Change Order to the Purchase Order.

e. PPLINDEX ESCALATOR

NTS reserves the right to order buses and equipment over the five (5) year period beginning
upon the date of contract award, The prices of such buses and equipment shall be at the prices
quoted below. These prices shall remain firm/fixed for any orders issued by the procuring
agencies within a period of two hundred seventy (270) days of contract award. The price(s) of
any buses or equipment order by the procuring agencies after the initial two hundred seventy
(270) day firm/fixed price period shall be that quoted (Base Order Prices) plus/minus any
change which will be calculated based on the following formula which utilizes the U.S.
Department of Labor/Bureau Of Labor Statistics Producer Price Index (PPI) Category 1413,
“Trucks and Bus Bodies”. The change in this index will be used to adjust the Base Order
Prices. However, in no event will the price(s) for any purchase exceed, by more than ten
percent (10%) the previous purchase in the proceeding twelve (12) month period.

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Example Formula:

PPI Index: Future Award Month

Less PPI Index: Base Award Month

Equals Index Point Change

Index Percent Change

Index Point Change

Divided by PPI Index: Base Award Month
Equals Percent Change

Or (Maximum 10% from previous year)

Base Order Price
Plus Percent Change (2.54% x $1,000)
Revised Price for Future Order

Example:

Index Point Change
141.1

137.6

1,000.00
25.40
$1,025.40 _

Contract is awarded in October 2015 with the published data for PPI-category 1413 showing an
index value of 137.6. NTS has received its initial order of buses. In December of 2016, NTS
elects to purchase more buses for delivery. The published data for PPI-category 1413 shows
an index value of 141.1 in December 2016. The percentage change in the PPI index for
October 2015 to December 2016 would be 2.54%. The buses ordered in December 2016

would be 2.54% higher than those ordered in December 2015.

This example assumes that the two purchases are for identically equipped buses.

If any significant equipment modifications are made, in compliance with the terms of the
contract, the NTS and the Bidder will enter into negotiations to determine the price of the
equipment modification(s) and the impact of the modification(s) on the Base Order Price(s).

The following catculations will be used to convert the then-current price of the modification(s)
to the value of the modification(s) on the date of the Base Order Price:

Example Formula:

PPI Index: Future Equipment Modification Month
Less PPI Index: Base Award Month

Equals Index Point Change

Index Percent Change

Index Point Change

Divided by PPI Index: Base Award Month
Equals

Or (Maximum 10% from previous year)

Future Equipment Modification Price

Less Percentage Change (2.54%x$200.00)

Value of Equipment Modification(s) in Base Award Month
Base Order Price

Plus Equipment Modification(s) Cost

Equals Revised Base Order Price

Index Point Change

141!
137.6

$200.00
5.08
194,92
1,000.00
194.92
1,194.92

All future releases, including the equipment modification(s), will be priced based upon the new

revised Base Award Price.

VEHICLE AMOUNTS/TYPES

Bidder will furnish NTS vehicles in accordance with specifications as contained in the Technical
Specifications. Bidder shall provide all labor, vehicles, equipment, insurance, licenses, delivery

cost, any Altoona testing reporting, etc. at no additional cost to NTS.

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VEHICLE DELIVERY

Deliveries of the vehicles are to be completed within Bidders specified delivery schedule upon receipt
and acceptance of the Bidder’s offer by NTS. Delivery schedules for any future options will be
finally determined at the time the option is exercised. If the delivery is delayed because of strike,
injunctions, governmental controls, or by reason of any cause or circumstances beyond the control of
the manufacturer, supplier or Bidder, the time of completion of delivery may be extended upon
written request for a time extension from the Bidder. The request for extension must inchide detailed
justification for the length of the time extension.

Standard hours of delivery shail be 9:00 AM through 4:00 PM, Monday — Friday.

VEHICLE SERVICE

Prior to delivery, each vehicle shall be completely serviced by the Bidder. Service shall include not
less than the following: full fuel tank, lubrication, wash, and other checks and adjustments required
for proper complete servicing ofa new vehicle. Each vehicle shall be ready for placement in service
upon delivery and acceptance.

CONDITION OF EQUIPMENT PROPOSED

This equipment shall be new and unused, of current production model, with the latest design features.
The unit shall be delivered fully operational and ready for field use with all necessary maintenance
equipment and accessories.

This equipment shail, in all respects, be equipped to operate legally on State highways, night and
day, and shatl, in all respects, conform to State and Federal regulations pertaining to the equipment
herein described. All parts of this vehicle shall conform with the provisions of the State Vehicle
Code, Federal Motor Vehicle Safety Standards, Motor Carrier Safety Regulations and requirements
under the Americans with Disabilities Act (ADA) Final Guidelines for Transportation Vehicles,
49CFR, Part 38, Subpart B in effect as of September 6, 1991 or as modified subsequently.

An adequate stock of repair parts and service facilities shall be readily available.

DAMAGE BY BIDDER

All loss or damage arising from any unforeseen obstruction or difficulties, either natural or
artificial, which may be encountered in the prosecution of the work, or the furnishing of the
supplies, materials or equipment, or from any action of the elements prior to the final acceptance of
the work, or of the supplies, materials, or equipment, or fram any act or omission not authorized by
these specifications on the part of the Bidder or any agent or person employed on the part of the
Bidder or any agent or person employed by that person(s), shall be sustained by the Bidder.

F.0.B. POINT

Any delivery cost shall be included in the base cost of the bus. Delivery shall be to the NTS facility
located at: 1? Riverside St. Nashua, New Hampshire 03062.

SUMMARY OF ITEMS TO BE PROVIDED UPON DELIVERY:
The following items must be furnished by the successful Bidder upon delivery of each vehicle:

a. All warranty verification vouchers, certificates or coupons

b. Operator’s manual(s) for vehicle and all add-on equipment

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¢. Drawings showing wiring of auxiliary circuits, and/or modifications of standard vehicle wiring
which would not be included in the standard vehicle maintenance manual

d. Completely filled fuel tank(s)
e, Complete vehicle maintenance and parts manuals
f. Assurance of compliance with manufacturer’s pre-delivery service

g. Any maintenance and inspection schedules for the basic vehicle and its subsystems and any
add-on equipment

h. All required documents, completely executed by the manufacturer/dealer.
i. Training schedule and all training material.

j. Buy America documents

EXCEPTIONS:

The Bidder is to provide a proposal that in all ways meets the specifications. Proposals may be
submitted with exceptions to the specifications which must be denoted separately and must include
an explanation of the necessity for each. Major exceptions may be cause for rejection of proposal.
NTS reserves the right to negotiate modification to any exceptions with any Bidder within the
competitive range. Proposals with accepted exceptions shall be evaluated in accordance with the
evaluation criteria herein, which may result in a lower score.

CHANGE ORDERS:

NTS at any time by written order and without notice may make changes within the general scope of
any contract awarded as a result of this RFP. If any such changes cause an increase or decrease in
the cost of or the time required for performance under the contract, an equitable adjustment shall be
made by written modification to the contract. Any claim by the Bidder for adjustment under this
clause must be asserted within thirty (30) days from the date of receipt by the Bidder of the
notification of change.

REQUEST FOR PROPOSAL DEADLINE

The proposal, and all attachments, must be received in Nashua’s Purchasing Office by time and date
stated in the iegal notice. The proposal must be in a sealed envelope, box, or appropriate package
with the name and address of the Bidder, the RFP number, and closing date clearly marked on the
outside. For the purposes of this proposal, the time specified will be as defined by the clock in the
Purchasing Manager’s room of Nashua’s Purchasing Department, 229 Main St., Nashua, NH 03060.
Any proposal received after the above deadline may not be opened and considered for award.

Proposal must be mailed or delivered to:

City of Nashua
Purchasing Dept.
229 Main St.
Nashua, NH 03060

Without law or policy to the contrary, if the Bidder took reasonable steps to submit the proposal in
due time, and failure of the proposal to be on hand at the time of closing was not the result of
negligence or other fault of the Bidder, but was the result of negligence by NTS, NTS. reserves the
right to accept such proposal. If the addenda require extensive work to the proposal by the Bidders
before submittal, NTS has the option to extend the deadline for the proposals by at least 10 business
days. [f this occurs, the new deadline date and time will be on the addenda so the Bidders are
notified.

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PROPOSERS CONFERENCE >

NTS will not be holding a pre-proposal meeting.

INTERPRETATION OF REQUEST FOR PROPOSAL

The Bidder must carefully examine the specifications, terms and conditions expressed in the Request
for Proposal (RFP) and become fully informed as to the requirements set forth therein.

If anyone planning to submit a proposal finds discrepancies or omissions in the proposal, or has any
doubts as to the true meaning, they may request in writing, an interpretation or correction thereof, ten
(10) business days prior to the bid due date.

Any change in the Request for Proposal will be made only by written addendum, duly issued by
NTS to each firm in receipt of the Request for Proposal. Prospective Proposers shall acknowledge
the receipt of each individual addendum in their Proposals on the form. NTS will not be responsible
for any other explanations or interpretations.

All inquiries shall be directed to the designated NTS staff person. Contact with any other NTS
personnel by the Bidder is prohibited. Failure to comply with this request may be considered cause
for rejection of your bid.

FALSE OR MISLEADING STATEMENTS

Proposals which contain false or misleading statements, or which provide references which do not
support an attribute or condition claimed by the Bidder, may be rejected. If, in the opinion of NTS,
such information was intended to mislead NTS in its evaluation of the proposal, and the attribute,
condition or capability is a requirement of this proposal, it will be the basis for rejection of the
proposal,

WITHDRAWAL OR REVISION OF PROPOSALS

A proposal which is submitted prior to the deadline may be withdrawn or revised anytime prior to,
but not after, the deadline for receipt of proposals, provided that the request for withdrawal or
revision is in writing and executed by the Bidder’s duly authorized representative. The request for
withdrawal or revision for the proposal must be filed with NTS, before the deadline for receipt of
proposals. The withdrawal of a proposal shall not prejudice the right of'a Bidder to submit a new
proposal, provided the Bidder can submit the new proposal by the deadline stated herein. Afler the
deadiine for receipt of proposals, no Bidder may withdraw its proposal for a minimum of one
hundred and eighty (180) days.

SUBCONTRACTING

Any Bidder using a Subcontractor(s) must clearly explain the use of the Subcontractor(s) and list the
name(s) of the Subcontractor(s) providing work under this proposal. The selected Proposer will be
fully responsible for all work performed under this proposal and will be considered as the Prime
Contractor, Any Subcontracting, or other legal arrangements made by the Proposer are the sole
responsibility of the Bidder. Any contract that is entered into between the selected Bidder and the
Subcontractor(s) shall contain all required contract provisions as stated in the RFP, and shall in no
respect obligate the NTS to the subcontracting party.

PROPOSAL AS CONTRACT

Each proposal shail be submitted with the understanding that acceptance in writing by NTS of the
offer to furnish the equipment or services described therein shall constitute a contract between the
successful Bidder and NTS, which shall bind the Bidder to furnish and deliver the equipment or
service at the proposed price and in accordance with the specifications, terms and conditions, and
other requirements detailed in the RFP or subsequently added or made a part thereof.

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PART 5

TERMS and CONDITIONS

FOR THE PURCHASE OF CNG LOW
FLOOR BUSES RFP0156-0107 16

YC GR i doi io dao do SO IO IK a HOI aca a ae ak Ac 208 8 Sie ICC de a oe ok eo 8 oe ef a a

ADVERTISEMENT FOR PROPOSALS

Advertisement for proposals for the purchase of CNG LOW FLOOR BUSES by the NTS will
appear in the Nashua Telegraph on December 8 and 9, 2015.

DURATION OF CONTRACT

Duration of the proposed contract shall be up to a five (5) year period commencing with the date of
award or earlier if all options are used.

PROPOSAL

Request for proposals for the above will be received at the City of Nashua Purchasing Department until
3:00 PM on February 18, 2016, and thereafter will be opened. There will be no public opening.

PERFORMANCE/PAYMENT BOND (Not required for this procurement)
FORM OF PROPOSAL

Every proposal must be made upon the blank proposal form attached hereto and must contain the full
name of every person, firm, or corporation interested in the proposal, and the address of the person,
firm, or the president and secretary of the corporation bidding; and if a corporation, the name of the
State in which it is incorporated.

NAME OF BIDDER

Each proposal must be clearly signed with the full name and address of each person interested in it.
In case of a partnership, the firm name and address of each individual party must be given. For
Corporations, the name of authorized officials must be included.

SIGNATURE OF BIDDER

Firm, corporate, or the individual name of the Bidder must be signed by the Bidder in the space
provided for the signature on the proposal. In the case of a corporation, the title of the officer
signing must be stated and each officer must be thereunto duly authorized. In the case of a
partnership, the signature of at least one of the partners must follow the firm name, using the term
“member of firm.” In case of an individual, use the term “doing business as” or “sole owner."

BIDDER AFFIDAVITS

Bidder is required to submit with his bid an affidavit stating that neither he nor his agents, nor any
other party for him has paid or agreed to pay, directly or indirectly, any persons, firm, or corporation
any money or valuable consideration for assistance in procuring or attempting to procure the contract
herein referred to and further agreeing that no such money or reward will be hereafter paid. This
affidavit must be on the form attached hereto and made part of this proposal.

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Each Bidder, who is a foreign corporation, i.e., a corporation not chartered in New Hampshire, but
licensed to do business in New Hampshire, is required to submit with his bid an affidavit duly
executed by the President or Executive Director of the corporation, stating in said affidavit that said
foreign corporation had, in accordance with the provisions of the Revised Code of the State of New
Hampshire, obtained a certificate authorizing it to do business in the State of New Hampshire. The
certificates, or certified copies of same, are obtainable from the Office of the Secretary of State,
Concord, New Hampshire.

SPECIFICATIONS TO BE PART OF THE CONTRACT

Specifications, statements, and the proposal, which accompany the bids, which are accepted
therewith, and which do not conflict with the provisions herein contained, shall be part of any
contract that is entered into.

EXPLANATIONS (WRITTEN AND/OR ORAL)

Should a Bidder find a discrepancy in or omissions from these specifications, or should he be in
doubt as to their meaning, he shall at once make inquiry of the Transportation Manager.

WITHDRAWAL OF PROPOSAL

No bid will be allowed to be withdrawn for one hundred eighty (180) days after the due date for this
procurement.

CONSIDERATION OF BID

All proposals received in conformity with these specifications shall, as soon as possible be reviewed
and tabulated.

REJECTION OR ACCEPTANCE OF BIDS

The Transportation Manager reserves the right to accept or reject any or all bids, and any parts of
any bid. In awarding a contract, the Transportation Manager reserves the right to consider all
elements entering into the question of determining the responsibility of the Bidder. Any bid which
is incomplete, conditional, obscure, or which contains additions not called for, or irregularities of
any kind, may be cause for rejection of the bid. In case of any discrepancy between the price
written in the bid and that given in figures for any item, the price in writing will be considered as
the bid.

UNACCEPTABLE BIDS

No bid will be accepted from or contract awarded to any person, firm, or corporation that is in arrears
or is in default to the City of Nashua upon any debt or contract, or that is in default as surety or
otherwise upon any obligation ta the City of Nashua or has failed to perform faithfully any previous
contract with the City of Nashua.

WORKERS' COMPENSATION LAW
The Bidder shall comply with the State of New Hampshire’s Workers’ Compensation Law.
SOCIAL SECURITIES ACT

The Bidder shall be and remain an independent contractor with respect to all services performed
hereunder and agrees to and does hereby accept full and exclusive lability for payment of any and
all contributions or taxes for social security, unemployment insurance, and old age retirement
benefits or annuities now or hereafter imposed under any State and Federal law which are measured

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by the wages, salaries, or other remunerations paid to persons by the Bidder on work performed
under the terms of this contract and further agrees to obey all lawful rules and regulations and to
meet all lawful requirements which are now or may be issued or promulgated under said respective
laws by any duly authorized State or Federal officials; and said Bidder also agrees to indemnify and
hold harmless NTS from any contributions or liability.

INDEMNIFICATION

The Contractor shall, to the extent permitted by law:(1) protect, indemnify and save the City of
Nashua and its officers, employees and agents, including consultants, harmless from and against
any and all liabilities, damages, claims, demands, liens, encumbrances, judgments, awards, losses,
costs, expenses and suits or actions or proceedings, including reasonable expenses, costs and
attorneys’ fees incurred by the City of Nashua and its officers, employees and agents, including
consultants, in the defense, settlement or satisfaction thereof, for any injury, death, loss or damage
to persons or property of any kind whatsoever, arising out of or resulting from the intentional
misconduct or negligent acts, errors or omissions of the Contractor in the performance of the
Contract, including intentional misconduct, negligent acts, errors or omissions of its officers,
employees, servants, agents, Subcontractors and Suppliers; and (2) upon receipt of notice and if
given authority, shall settle at its own expense or undertake at its own expense the defense of any
such suit, action or proceeding, including appeals, against the City of Nashua and its officers,
employees and agents, including consultants, relating to such injury, death, loss or damage. Each
party shall promptly notify the other in writing of the notice or assertion of such claim, demand,
jien, encumbrance, judgment, award, suit, action or other proceeding hereunder. The Contractor
shali have sole charge and direction of the defense of such suit, action or proceeding. The City of
Nashua shall not make any admission that might be materially prejudicial to the Contractor unless
the Contractor has failed to take over the conduct of any negotiations or defense within a reasonable
time after receipt of the notice and authority above provided. The City of Nashua shall at the request
of the Contractor furnish to the Contractor all reasonable assistance that may be necessary for the
purpose of defending such suit, action or proceeding, and shall be repaid all reasonable costs
incurred in doing so, The City of Nashua shall have the right to be represented therein by advisory
council of its own selection at its own expense.

The obligations of the Contractor under the above paragraph shall not extend to circumstances
where the injury, death or damages are caused solely by the negligent acts, errors or omissions of
the City of Nashua, its officers, employees, agents or consultants, including, without limitation,
negligence in:(1) the preparation of the Contract documents, or (2) the giving of directions or
instructions with respect to the requirements of the Contract by written order. The obligations of the
Contractor shali not extend to circumstances where the injury, death or damages are caused, in
whole or in part, by the negligence of any third-party operator, not including an assignee or
Subcontractor of the Contractor, subject to the right of contribution. In case of joint or concurrent
negligence of the parties giving rise to a claim or loss against either one or both, each shall have full
rights of contribution from the other.

EQUAL EMPLOYMENT OPPORTUNITY

In implementing the Contract, the Bidder may not discriminate against any employee or applicant for
employment because of race, color, creed, sex, disability, age or national origin. The Recipient 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, sex, disability, age or national
origin. 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.

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SUSPENSION OF WORK

The Agency may at any time and for any reason within its sole discretion issue a written order to the
Contractor suspending, delaying or interrupting all or any part of the Work for a specified period of
time.

The Contractor shail comply immediately with any such written order and take all reasonable steps
to minimize costs allocable to the Work covered by the suspension during the period of work
stoppage. Contractor shall continue the Work that is not included in the suspension and shall
continue such ancillary activities as are not suspended. The Contractor shall resume performance of
the suspended Work upon expiration of the notice of suspension, or upon direction from the
Agency.

The Contractor shall be allowed an equitable adjustment in the Contract price (excluding profit)
and/or an extension of the Contract time, to the extent that cost or delays are shown by the
Contractor to be directly attributable to any suspension. However, no adjustment shall be made
under this section for any suspension, delay or interruption due to the fault or negligence of the
Contractor, or for which an equitable adjustment is provided for, or excluded under any other term
or condition of the Contract. As soon as reasonably possible but no later than forty-five (45)
calendar days, or any other period of time agreed to by the parties, after receipt of the written
suspension of work notice, the Contractor shal] submit to the Contracting Officer a detailed price
and schedule Proposal for the suspension, delay or interruption.

EXCUSABLE DELAYS / FORCE MAJEURE

Ifthe Contractor is delayed at any time during the progress of the Work by the neglect or failure of
the Agency or by a cause as described below, then the time for completion and/or affected delivery
date(s) shall be extended by the Agency subject to the following cumulative conditions:

a. The cause of the delay arises after the Notice of Award and neither was nor could have been
anticipated by the Contractor by reasonable investigation before such award. Such cause
may also include force majeure events such as any event or circumstance beyond the
reasonable control of the Contractor, including but not limited to acts of God; earthquake,
flood and any other natural disaster; civil disturbance, strikes and labor disputes; fires and
explosions; war and other hostilities; embargo; or failure of third parties, including
Suppliers or Subcontractors, tc perform their obligations to the Contractor;

b. The Contractor demonstrates that the completion of the Work and/or any affected deliveries
will be actually and necessarily delayed;

c. The Contractor has taken measures to avoid and/or mitigate the delay by the exercise of all
reasonable precautions, efforts and measures, whether before or after the occurrence of the
cause of delay; and

d, The Contractor makes written request and provides other information to the Agency as
described by the final paragraph in this section below.

A delay in meeting all of the conditions of this section shall be deemed an excusable delay. Any
concurrent delay that does not constitute an excusable defay shall not be the sole basis for denying a
request hereunder,

None of the above shall relieve the Contractor of any Hability for the payment of any liquidated
damages owing from a failure to complete the Work by the time for completion that the Contractor
is required to pay pursuant to “Liquidated Damages for Late Delivery of the Bus” for delays
occurring prior to, or subsequent to the occurrence of an excusable delay.

The Agency reserves the right to rescind or shorten any extension previously granted, if
subsequently the Agency determines that any information provided by the Contractor in support of
a request for an extension of time was erroneous; provided, however, that such information or facts,

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if known, would have resulted in a denial of the request for an excusable delay. Notwithstanding the
above, the Agency will not rescind or shorten any extension previously granted if the Contractor
acted in reliance upon the granting of such extension and such extension was based on information
that, although later found to have been erroneous, was submitted in good faith by the Contractor.

No extension or adjustment of time shall be granted unless: (1) written notice of the delay is filed
with the Agency within fourteen (14) calendar days after the commencement of the delay and (2) a
written application therefore, stating in reasonable detail the causes, the effect to date and the
probable future effect on the performance of the Contractor under the Contract, and the portion or
portions of the Work affected, is filed by the Contractor with the Agency within thirty (30) calendar
days after the commencement of the delay. No such extension or adjustment shall be deemed a
waiver of the rights of either party under this Contract. The Agency shall make its determination
within thirty (30) calendar days after receipt of the application.

DISADVANTAGED BUSINESS ENTERPRISE

The Federal Fiscal Year goal has been set by NTS in an attempt to match projected procurements

with available qualified disadvantaged businesses. NTS goals for budgeted service contracts, bus

parts, and other material and supplies for Disadvantaged Business Enterprises have been

established by NTS as set forth by the Department of Transportation Regulations 49 CFR Part 26.
This contract is subject to the requirements of Title 49, Code of Federal Regulations, Part

26Participation by Disadvantaged Business Enterprises in Department of Transportation Financial
Assistance Programs. The national goal for participation of Disadvantaged Business Enterprises
(DBE) is 10%. Nashua Transit System, overall goai for DBE participation is 1.4 %, A separate
contract goal has not been established for this procurement.

The contractor must never exclude any person from participation in, deny any person the benefits of,
or otherwise discriminate against anyone in connection with the award and performance of any
contract covered by this part on the basis of race, color, sex, or national origin. The contractor shall
carry out applicable requirements of 49 CFR Part 26 in the award and 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 Nashua Transit
System, deems appropriate. Each subcontract the contractor signs with a subcontractor must include
the assurance in this paragraph (see 49 CFR 26.13(b)).

The successful Bidder/offeror will be required to report its DBE participation obtained through race-
neutral means throughout the period of performance.

The contractor is required to pay its subcontractors performing work related to this contract for
satisfactory performance of that work no later than 30 days after the contractor’s receipt of payment
for that work from the Nashua Transit System. In addition, the contractor may not hold retainage
from its subcontractors and is required to return any retainage payments to those subcontractors
within 30 days after the subcontractor's work related to this contract is satisfactorily completed and is
required to return any retainage payments to those subcontractors within 30 days after incremental
acceptance of the subcontractor’s work by the Nashua Transit System, and contractor’s receipt of the
partial retainage payment related to the subcontractor’s work.

The contractor must promptly notify Nashua Transit System, whenever a DBE subcontractor
performing work related to this contract is terminated or fails to complete its work, and must make
good faith efforts to engage another DBE subcontractor to perform at least the same amount of work.
The contractor may not terminate any DBE subcontractor and perform that work through its own
forces or those of an affiliate without prior written consent of Nashua Transit System.

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