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: employmeni,
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. The CONTRACTOR shail 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 CONTRACTORS to insert a similar provision in all subcontracts, except contracts for
standard commercial supplies or raw materials.
The CONTRACTOR also agrees to include these requirements in each subcontract financed in whole or
in part with Federal assistance provided by FTA, modified only if necessary to identify the affected
parties.
(c) Disadvantaged Business Enterprise (DBE)
a.
This Agreement 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.
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 Nashua Transit 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 SUBCONTRACTOR'S 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 Nashua Transit.
The CONTRACTOR must promptly notify Nashua Transit, 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.
Failure of the CONTRACTOR ito comply with this section or to include it in any subcontract
of any tier will constitute a breach of Contract and, after notification of DOT, may result in
termination of the Contract by the CITY or such remedy as the CITY deems appropriate.
(d) 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. Consultant 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
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