contract, Which may result in the termination of this contact or such other remedy as the
recipient deems appropriate, which may include, but is not limited to:
a. Withholding monthly progress payments,
b, Assessing sanctions;
c. Liquidated damages; and/or
d. Disqualifying the contractor from future bidding as non-responsible. 49 CPLR. §
26,13(b).
2. The contractor shall not discriminate on the basis of racc, color, religion, national origin
Transportation Actions To Address Environmental Justice in Minority Populations and Low-
Income Populations,"62 Fed. Reg. 18377, April 15, 1997, and (3) The most recent and applicable
edition of FTA Circular 4703.1, “Environmental Justice Policy Guidance for Federal Transit
Administration Recipients,” August 15, 2012, to the extent consistent! with applicable Federal
laws, regulations, and guidanee, and
Act of 1990 (ADA), as amended, 42 U.S.C. 8 {2101 ef seq., which requires that accessible
facilities and services be made available to individuals with disabilities, (c) The Architectural
Barriers Act of 1968, as amended, 42 U.S.C. § 4151 et seg., which requires that buildings and
public accommodations be accessible to individuals with disabilities, (d) Federal transit law,
specifically 49 U.S.C. § 5332, which now includes disability as a prohibited basis for
diserimination, and (¢) Other applicable laws and amendments pertaining to access for elderly
3 Disadvantaged Business Enterprise To the extent authorized by applicable Federal law,
the Recipient agrees to facilitate, and assures that each Third Party Participant will facilitate,
participation by small business concems owned and controlled by socially and economically
disadvantaged individuals, also referred to as “Disadvantaged Business Enterprises” (DBEs), in
the Project as follows: (1) Requirements. The Recipient agrees to comply with: (a) Section
1101(b) of MAP-21, 23 U.S.C. § LOL note, (b) U.S. DOT regulations, “Participation by
1. Nondiscrimination in Federal Public Transportation Programs. The Recipient agrees to,
and assures that each Third Party Participant will, comply with Federal transit law, 49 U.S.C. 8
$332 (FTA’s “Nondiscrimination” statute): ( 1) FTA’s “Nondiscrimination” statute prohibits
discrimination on the basis of: (a) Race, (b) Color, (c) Religion, (d) National origin, (e) Sex
(including sexual orientation and gender identity), (1) Disability, or (g) Age. and (2) The FTA
c) Proposed for debarment from participation in any federally assisted Award:
d) Declared ineligible to participate in any federally assisted Award:
e) Voluntarily excluded from participation in any federally assisted Award: or
f) Disqualified from participation in ay federally assisted Award,
By signing and submitting its bid or proposal, the bidder or proposer certifies as follows:
3, Opportunity to Cure (General Provision) the recipient in its sole discretion may, in the
case of a termination for breach or default, allow the contractor 10 days in which to cure the
defect. In such case, the notice of termination shall state the time period in which cure is
permitted and other appropriate conditions. If contractor fails to remedy to the recipient's
satisfaction the breach or default or any of the terms, covenants, of canditions of this Contract
Program Fraud and False or Fraudulent Statements or Related Acts
2. Where a purchaser which is an PTA recipient or a subgrantec of FTA recipient in
accordance with 49 USC 5325(a) enters into a contract for a capital project or improvement
(defined at 49 USC 5302(a)1) through other than competitive bidding, contractor shall make
available records related to the contract to the purchaser, the Secretary of t JSDOT and the US
Comptroller General or any authorized officer or employee of any of them for the purposes of
conducting an audit and inspection.
REQUIRED CONTRACT FEDERAL CLAUSES
