1. 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 2.0%. A separate contract goal has not been
established for this procurement.
2. The Seller shall not discriminate on the basis of race, color, national
origin, or sex in the performance of this contract. The Seller shall carry out applicable
requirements of 49 CFR Part 26 in the award and administration of this DOT-assisted
contract. Failure by the Seller 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 Seller signs with a subcontractor must
include the assurance in this paragraph (see 49 CFR 26.13(b)).
3. The Seller will be required to report its DBE participation obtained
through race-neutral means throughout the period of performance.
4. The Seller 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
Seller’s receipt of payment for that work from the City.
5. The Seller 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 Seller 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 Seller 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.
38. Incorporation of Federal Transit Administration (FTA) Terms. The
preceding provisions include, in part, certain Standard Terms & Conditions required
by USDOT, whether or not expressly stated in the preceding contract provisions. All
USDOT required contractual provisions, as stated in FTA Circular 4220.1F, are hereby
incorporated by reference. Anything to the contrary herein notwithstanding, all FTA
mandated terms shall be deemed to control in the event of a conflict with other
provisions contained in this contract. The Seller shall not perform any act, fail to
perform any act, or refuse to comply with any request that would cause the City to be
in violation of FTA terms and conditions.
39, Environmental Resource Conservation and Energy Conservation.
(a) Energy Conservation.
Seller shall comply with mandatory standards and policies relating to energy
efficiency that are contained in the New Hampshire energy conservation plan issued in
compliance with the Energy Policy and Conservation Act, 42 U.S.C. § 6321 et seq.
(b) Clean Air.
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