b. 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)).
c. The successful bidder/offeror will be required to report its DBE participation obtained through
race-neutral means throughout the period of performance.
d. 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.
e. 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 to 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 regulations and subsequent amendments.
Records
Where the CITY is not a State but a local government and is the FTA Recipient or a subgrantee of the FTA
Recipient in accordance with 49 C. F. R. 18.36(i), the CONTRACTOR agrees to provide the CITY, the FTA
Administrator, the Comptroller General of the United States or any of their authorized representatives
access to any books, documents, papers and records of the CONTRACTOR which are directly pertinent to
this contract for the purposes of making audits, examinations, excerpts and transcriptions. CONTRACTOR
also agrees, pursuant to 49 C. F. R. 633.17 to provide the FTA Administrator or his authorized
representatives including any PMO CONTRACTOR access to CONTRACTOR'S records and construction
sites pertaining to a major capital project, defined at 49
U.S.C. 5302(a)1, which is receiving federal financial assistance through the programs described at 49
U.S.C. 5307, 5309 or 5311.
The CONTRACTOR agrees to permit any of the foregoing parties to reproduce by any means whatsoever
or to copy excerpts and transcriptions as reasonably needed.
The CONTRACTOR agrees to maintain all books, records, accounts and reports required under this
contract for a period of not less than three years after the date of termination or expiration of this contract,
except in the event of litigation or settlement of claims arising from the performance of this contract, in which
case CONTRACTOR agrees to maintain same until the CITY, the FTA Administrator, the Comptroller
General, or any of their duly authorized representatives, have disposed of all such litigation, appeals, claims
