Agenda

6. Termination for Default (Supplies and Service) If contractor fails to deliver
supplies or to perform the services within the time specified in this contract or any
extension or if the contractor fails to comply with any other provisions of this contract, the
recipient may terminate this contract for default. The recipient shall terminate by delivering
to contractor a notice of termination specifying the nature of default. Contractor shall only
be paid the contract price for supplies delivered and accepted, or services performed in

Termination
Applicability — All Contracts over $10,000.

4. Subcontracts - Contractor or subcontractor shall insert in any subcontracts the
clauses set forth in this section and also a clause requiring the subcontractors to include
these clauses in any lower tier subcontracts. Prime contractor shall be responsible for
compliance by any subcontractor or lower tier subcontractor with the clauses set forth in
this section.

No Government Obligation to Third Parties

Clean Air

All Contracts and Subcontracts over $150,000.

Contractor shall comply with all applicable standards, orders or regulations pursuant to the
Clean Air Act, 42 USC 7401 et seq. Contractor shall report each violation to the recipient
and understands and agrees that the recipient will, in turn, report each violation as required
to FTA and the appropriate EPA Regional Office. Contractor shall include these
requirements in each subcontract exceeding $150,000 financed in whole or in part with
FTA assistance.

The contractor agrees:

Access to Records and Reports
The following access to records requirements apply to this Contract:

Pre-Award & Post Delivery Audit Requirements

Pre-Award & Post-Delivery Audit Requirements - Applicability — Rolling Stock/Turnkey
Contractor shall comply with 49 USC 5323(m) and FTA's implementing regulation 49
CFR 663 and submit the following certifications:

A. Buy America Requirements: Contractor shall complete and submit a declaration
certifying either compliance or noncompliance with Buy America. If contractor certifies
compliance with Buy America, it shall submit documentation listing:

Clean Water

All Contracts and Subcontracts over $150,000

2. The location of the final assembly point for the rolling stock, including a
description of the activities that will take place at the final assembly point and the cost of

final assembly.
B. The Bidder shall submit the following certifications:

1. Evidence that it will be capable of meeting the specifications; and

EXHIBIT C —- FTA CLAUSES

REQUIRED CONTRACT FEDERAL CLAUSES

Fly America Requirements

Applicability — all contracts involving transportation of persons or property, by air between
the U.S. and/or places outside the U.S. These requirements do not apply to micro-
purchases ($3,500 or less, except for construction contracts over $2,000).

has been formally accepted. The failure to procure or maintain required
insurance and/or an adequately funded self-insurance program will constitute
a material breach in of this Contract.

Occurrence Coverage — Insurance shall be provided on an occurrence basis and not
a claim-made basis.

Deductibles and Retentions — Contractor shall be responsible for payment of
any deductible or retention on Contractor’s policies without right of contribution
from the City of Nashua.