contract, Which may result in the termination of this contact or such other remedy as the
recipient deems appropriate, which may include, but is not limited to:
a. Withholding monthly progress payments,
b, Assessing sanctions;
c. Liquidated damages; and/or
d. Disqualifying the contractor from future bidding as non-responsible. 49 CPLR. §
26,13(b).
2. The contractor shall not discriminate on the basis of racc, color, religion, 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 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 municipal corporation deems
appropriate. Each subcontract the contractor signs with a subcontractor must include the
assurance in this paragraph (see 49 CPR 26.13{b)).
a if a separate contract goal has been established, Bidders/offerors are required to
document sufficient DBE participation to meet these goals or, alternatively, document adequate
good faith efforts to do so, as provided for in 49 CFR 26.53.
4, If no separate contract goal has been established, the successful bidder/otteror will be
required to report its DBE participation obtained through race-neutral means throughout the
period of performance.
S. 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 recipient. In addition, the contractor may not hald
retainage from its subcontractors or must return any retainage payments to those subcontractors
within 30 days after the subcontractor’s work related to this contract is satisfactorily completed
or must return any retainage payments to those subcontractors within 30 days afler incremental
acceptance of the subcontractor’s work by the recipient and contractor's receipt of the partial
retainage payment related to the subcontractor’s work.
6. The contractor must promptly notify the recipient whenever a DBE subcontractor
performing work related to this contract is terminated or fails to complete its work, and musi
make good faith efforts to engage another DBE subcontractor to perform at least the same
amount of work. The contractor may nol terminate any DBE subcontractor and perform that
work through its own forces or those of an affiliate without prior written consent o Ff the recipient.
This affidavit must be on the form provided by NTS, which is enclosed with this bid package
Incorporation of Federal Transit Administration (FTA) Terms
