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.
1. Seller shall comply with all applicable standards, orders or regulations
pursuant to Section 306 of the Clean Air Act, as amended, 42 U.S.C. § 7606, and other
requirements of the Clean Air Act, as amended, 42 U.S.C. §§ 7401 — 7671q. Seller shall
report each violation to the City and understands and agrees that the City will, in turn,
report each violation as required to FTA and the appropriate EPA Regional Office.
2. Seller shall include these requirements in each subcontract exceeding
$100,000 financed in whole or in part with FTA assistance.
(c) Clean Water
1. Seller shall comply with all applicable standards, orders or regulations
issued pursuant to Section 508 of the Clean Water Act, as amended, 33 U.S.C. § 1368, and
other requirements of the Clean Water Act, as amended, 33 U.S.C. §§ 1251 — 1377. Seller
shall report each violation to the City and understands and agrees that the City shall, in
turn, report each violation as required to FTA and the appropriate EPA Regional Office.
2. Seller shall include these requirements in each subcontract exceeding
$100,000 financed in whole or in part with FTA assistance.
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