The CONTRACTOR agrees to comply with the joint FHWA/FTA regulations, "Air Quality Conformity and
Priority Procedures for Use in Federal-Aid Highway and 49 C.F.R. Part 623. The CONTRACTOR agrees
to obtain satisfactory assurances that any facilities or equipment acquired, constructed, or improved
under the contract are or will be designed and equipped to limit air pollution as provided in accordance
with the following EPA regulations: "Control of Air Pollution from Motor Vehicles and Motor Vehicle
Engines," 40 C.F.R. Part 85; "Control of Air Pollution from New and In-Use Motor Vehicles and New and
In-Use Motor Vehicle Engines: Certification and Test Procedures," 40 C.F.R. Part 86; and "Fuel Economy
of Motor Vehicles,” 40 C.F.R. Part 600; in accordance with the applicable Federally-approved State
implementation Plan (in particular, the Transportation Control Measures); and in accordance with
applicable Federal regulations, directives and other standards. CONTRACTOR also agrees to include
these requirements in each subcontract exceeding $100,000 financed in whole or in part with Federal
assistance provided by FTA.
(b) Energy Conservation.
The CONTRACTOR shall comply with mandatory standards and policies relating to energy
efficiency that are contained in applicable State energy conservation plans issued in
compliance with the Energy Policy and Conservation Act, 42 U.S.C. § 6321 et sea.
(c) Clean Water
The CONTRACTOR shall comply with all applicable standards, orders or regulations issued pursuant to
the Federal Water Pollution Control Act, as amended, 33 U.S.C. § 1251 et seq. The CONTRACTOR shall
report each violation to the CITY and understands and agrees that the CITY will, in turn, report each
violation as required to assure notification to FTA and the appropriate EPA Regional Office.
CONTRACTOR also agrees to include these requirements in each subcontract exceeding $100,000
financed in whole or in part with Federal assistance provided by FTA.
25. Force Majeure
The CONTRACTOR shall not be liable to the CITY for any failure, delay or interruption of service or for
any failure or delay in the performance of any obligation under this Agreement due to acts of God,
governmental restrictions, enemy action, civil commotion, unavoidable casualty, unavailability of fuel or
parts, strikes, labor unrest or other acts beyond the reasonable control of the CONTRACTOR.
The CONTRACTOR shall resume service upon removal or cessation of the cause of delay or
interruption.
26. Interest of Members of or Delegates to Congress
No member of or delegate to the Congress of the United States shall be admitted to any share or part
of this contract or to benefit thereof.
27. Federal Participation. Laws. Regulations. and Assistance
CONTRACTOR shall at all times comply with all applicable FTA regulations, policies, procedures and
directives, including without limitation those listed directly or by reference in the Master Agreement
between Nashua Transit and FTA, as they may be amended or promulgated from time to time during
the term of this contract. CONTRACTOR'S failure to so comply shall constitute a material breach of
this contract.
The CITY FRPS is supported by assistance from the Federal Transit Administration financial
assistance. This Agreement is subject to the terms of financial assistance contracts between the CITY
of Nashua and the US Department of Transportation. The CONTRACTOR shall comply with existing
and future federal requirements while providing services under this Agreement.
