of pay or other forms of compensation; and selection for training, including apprenticeship. The Contractor shall
insert the foregoing provision (modified only to show the particular contractual relationship) in all its third party
contracts, except contracts for standard commercial supplies or raw materials and construction contracts, and
shall require all such third party contractors to insert a similar provision in all subcontracts, except contracts for
standard commercial supplies or raw materials.
c. Access Requirements for Individuals with Disabilities
The Contractor shall comply with 49 USC 5301(d), stating Federal policy that the elderly and persons with
disabilities have the same rights as other persons to use mass transportation services and facilities and that
special efforts shall be made in planning and designing those services and facilities to implement that policy. The
Contractor shall also comply with all applicable requirements of Sec. 504 of the Rehabilitation Act (1973), as
amended, 29 USC 794, which prohibits discrimination on the basis of handicaps, and the Americans with
Disabilities Act of 1990 (ADA), as amended, 42 USC 12101 et seq., which requires that accessible facilities and
services be made available to persons with disabilities, including any regulations and subsequent amendments.
d. Inclusion
The Contractor agrees to include the requirements of subsections (a) — (c) 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. Disadvantaged Business Enterprise (DBE)
This Contract is subject to the requirements of Title 49, Code of Federal Regulations, Part 26, Participation 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's overall
goal for DBE participation is .7%. A separate contract goal has not been established for this procurement.
The Contractor shall not discriminate on the basis of race, color, national origin, or sex in the performance of this
contract. 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 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.
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
City.
The Contractor must promptly notify the City 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 the City.
Failure of the Contractor to comply with this section or to include it in any subcontract of any tier will constitute a
breach of contract and, after notification to the DOT, may result in termination of the Contract by the City or such
remedy as the City deems appropriate.
6. Incorporation of Federal Transit Administration (FTA) Terms.
