1-0467-092625 Forklift.pdf

City of Nashua Purchasing Department

Administrative Services Division 229 Main Street - Nashua, NH 03060

RFP 0467-092625

229 Main Street • Nashua, New Hampshire 03061 • Phone (603) 589-3330 • Fax (603) 589-3233

(603) 589-3330

Email: purchasing@nashuanh.gov

September 5, 2025

Subject: Request for Proposals RFP 0467-092625 Forklift

The City of Nashua, NH, herein referred to as “the City”, is seeking proposals from qualified vendors for a procure a Forklift to be utilized by the Nashua Transit System. The Scope of Work for this project may be found in Appendix A of this request.

The City, through the Mayor, who is the awarding authority and reserves the right to reject any and all proposals or parts of proposals; to waive any defects, information, and minor irregularities; to accept exceptions to these specifications; to award contracts or to cancel this request if in the City’s best interest.

INFORMATION FOR PROPOSERS:

The City is now accepting submittals electronically via Bonfire. Please review the electronic documents linked here, Bonfire Vendor Registration and Bonfire Vendor Submission for more information. We strongly recommend that you give yourself sufficient time and at least one (1) business day before due date to begin the uploading process and finalize your submission. Copies are also available on the City’s website in the Purchasing section within the

Bids section. If a vendor chooses to submit their proposal outside of Bonfire, the following are alternate options:

If a vendor chooses to submit their proposal outside of Bonfire, the following are alternate options:

Paper: Submission one (1) copy and one digital copy on a USB drive in sealed envelope(s) or package(s) clearly marked "RFP0467-092625" Proposals must be submitted in the format provided and address the item(s) specified in the RFP package.

Regardless of the method of submission, proposals must be received no later than 3:00 pm on Friday, September 26, 2025, in the Purchasing Department, City Hall, 229 Main Street, Room 11, Nashua, NH 03061. Postmarks or other timestamps will not be accepted in lieu of actual delivery. Vendors can use whatever delivery mechanism they choose as long as it remains clear that the vendor is responsible for submissions prior to the date and time.

The time of receipt shall be considered when a proposal has been officially documented by the Purchasing Department, in accordance with its established policies, as having been received at the location designated above.

The City accepts no responsibility for mislabeled mail. Any and all damage that may occur due to shipping shall be the vendor’s responsibility.

Further details are available on the City's web site, www.nashuanh.gov, under Services; Bid Opportunities; Current Bids and on the Bonfire website; (Refer to Document RFP0467-092625).Proposal will be opened in public on the due date and time. Results of the proposal opening will be posted on the City's website, www.nashuanh.gov, under Services; Bid Opportunities; Bid Results; (Refer to Document RFP0467-092625) within twenty-four (24) hours of the opening.

Please note that paper copies of proposal documents are not available in the City’s Purchasing Office.

https://nashuanh.bonfirehub.com/portal/?tab=openOpportunities https://www.nashuanh.gov/DocumentCenter/View/28837/Bonfire-Process-Overview---Vendor-Registration https://www.nashuanh.gov/DocumentCenter/View/28838/Bonfire-Process-Overview---Vendor-Submission

The City assumes no liability for the payment of costs and expenses incurred by any party in responding to this invitation for proposals. All proposals become the sole property of the City of Nashua. This request for proposals is not a contract and alone shall not be interpreted as such, but rather serves as an instrument through which proposals are solicited.

The timeline for this project is as follows:

Projected Timeline Date

Deadline for Vendor Questions Tuesday, September 16, 2025, 10:00 am

Vendor Question Answers Posted Friday, September 19, 2025, 3:00 pm

Proposals Due Friday, September 26, 2025, 3:00 pm

Vendors are encouraged to submit questions via email; however, the City assumes no liability for assuring accurate and complete email transmission/receipt and is not responsible for acknowledging receipt. Inquiries must be submitted in writing, citing the RFP title/number, Page, Section, and must be received no later than Tuesday, September 16, 2025, by 10:00 am to:

229 Main Street, Nashua, NH 03060 purchasing@nashuanh.gov

The City will consider all timely-received questions and requests for change and, if reasonable and appropriate, will issue an addendum to clarify or modify this RFP. Answers to vendor submitted questions and other addenda will be posted on the City of Nashua website www.nashuanh.gov, under Services; Bid Opportunities; Current Bids;

(Refer to RFP0467-092625) and on Bonfire no later than Friday, September 19, 2025, at 3:00 pm.

The City hereby notifies all vendors that it will affirmatively ensure that in any contract entered into pursuant to this advertisement, disadvantaged business enterprises will be afforded full opportunity to submit proposals in response to this invitation and will not be discriminated against on the grounds of race, color, national origin, sex, age, or disability in consideration for an award.

Pursuant to NRO 5-71 (A), the City of Nashua supports the concept of purchasing products which are biodegradable, can be or have been recycled, or are environmentally sound. Due consideration will be given to the purchase of such products. If you are proposing any such products that qualify, please indicate this on a cover sheet by item number and description. We are also conscious of energy use and encourage vendors to propose products that are energy efficient.

All proposals are binding for ninety (90) days following the deadline for proposals, or until the effective date of any binding resulting contract, whichever is later.

Proposals must be submitted in the format provided and address the items specified in this request. The City may reject any or all of the proposals on any basis and without disclosure of a reason. The failure to make such a disclosure shall not result in accrual of any right, claim or cause of action by any unsuccessful proposer against The City. The City reserves the right to waive any irregularities when the public interest will be served thereby. The City also reserves the right to negotiate any change or amendment in any proposal without soliciting further requests for proposals if the action is necessary for the best interest of The City.

http://www.nashuanh.gov/

The City of Nashua will reject the proposal of any vendor who is presently debarred, declared ineligible or excluded by any Federal department or agency, and reserves the right to reject the proposal of any proposer who has previously failed to perform any contract properly for any purchaser, or to complete on time, contracts of a similar nature, who is not in the position to perform the contract, or who has neglected the payment of bills or otherwise disregarded its obligations to clients, purchasers, subcontractors, material men, or employees.

The City is exempt from all taxes. All proposals must be FOB Nashua, NH. All vendors must comply with all applicable Equal Employment Opportunity laws.

Pursuant to NRO 5-78 (F), the Purchasing Manager shall not solicit a bid from a contractor who is in default on the payment of taxes, licenses, or other monies due the City. Therefore, this bid request is void as to anyone who is in default on said payments.

Sincerely, Amy Girard City of Nashua Purchasing Manager girarda@nashuanh.gov mailto:girarda@nashuanh.gov

GENERAL REQUIREMENTS

A. To be eligible for an award, a vendor must be deemed "responsible". A responsible vendor:

• has the ability, capacity and skill to provide the goods or services required

• can provide the goods or services within the time frame specified

• has a satisfactory record of integrity, reputation, judgment and experience

• has sufficient financial resources to provide the goods or services

• has an ability to provide future maintenance and support as required

• providing the vendor has provided goods or services to the City, has developed a positive track record with the City

B. The successful vendor will be required to provide the City with certificates of insurance for coverage as listed below and endorsements affecting coverage required by the contract within ten (10) calendar days after the City issues the notice of award. The City requires thirty (30) calendar days written notice of cancellation or material change in coverage. The certificate and endorsements for each insurance policy must be signed by a person authorized by the insurer and who is licensed by the State of New Hampshire. General Liability, Employer’s Liability and Auto Liability policies must name the City of Nashua as an additional insured and reflect on the certificate of insurance:

• General Liability insurance in the amount of $1,000,000 per occurrence and $2,000,000 aggregate

• $1,000,000 Combined Single Limit Automobile Liability (coverage must include all owned, non-owned and hired vehicles)

• Workers' Compensation Coverage in compliance with the State of New Hampshire statutes, $100,000/$500,000/$100,000

• Professional Liability: $1,000,000

C. The City also reserves the right to negotiate any change or amendment in any proposal without soliciting further proposals if the action is necessary for the best interest of the City.

D. The City may conduct discussions with responsible vendors prior to selection. Successful vendors shall begin performance upon receipt of an executed contract and a valid purchase order issued from the City.

E. The City may reject any and all responses on any basis and without disclosure of a reason. The failure to make such a disclosure shall not result in accrual of any right, claim, or cause of action by any unsuccessful vendor against the City.

F. After the initial designation of a vendor, City Staff will work with the selected vendor to negotiate final terms and conditions between the City and the successful vendor prior to the Contract Award. A draft contract is attached (Appendix C).

G. The vendor shall meet all requirements of the Americans with Disabilities Act.

H. The City encourages disadvantaged business enterprise (DBE) participation from contractors and/or subcontractors.

I. The vendor should understand that under the New Hampshire Right-to-Know Law, all documents submitted in response to this request, including financial information, are considered public information and will be made available to the public upon request, unless specifically exempted under the law.

J. Any vendor submitting a proposal may appeal a pending award prior to award by the City. The appellant must:

a. Submit a written protest to the City’s Purchasing Manager within five (5) business days after the proposal opening.

b. Describe, in the written protest, the issues to be addressed on appeal

c. Post, with the written protest, a bond with a surety meeting the requirements of General Condition

5.02 authorized to do business in this state or submit other security in a form approved by the City who will hold the bond or security until a determination is made on the appeal.

d. Post the bond or other security in the amount of 25% of the total dollar value of the appellant’s bid, up to a maximum bond or other security amount of $250,000.00.

e. Not seek any type of judicial intervention until the City has rendered its final decision on the protest.

The City will stop award actions until after the City’s Purchasing Manager has responded in writing to the protest. If the appellant is not satisfied with the response, the appellant may then protest to the Board of Aldermen, who will render a final decision for the City. No award protests will be heard by the Board of Aldermen unless vendor has followed the appeal process.

If an appeal is granted, the full amount of the posted bond or security will be returned to the appellant. If the appeal is denied or not upheld, a claim may be made against the bond for expenses suffered by the City because of the unsuccessful appeal.

The City is not liable for any costs, expenses, attorney’s fees, loss of income, or other damages sustained by the appellant in a proposal appeal process.

K. The City assumes no liability for the payment of costs and expenses incurred by any vendor in responding to this request. All proposals become the sole property of The City. This is not a contract and shall not be interpreted as such but rather serves as an instrument through which proposals are solicited.

PROJECT SCOPE

Project area and scope of work is defined in the project scope of work attached as Appendix A

Working on behalf of the City, the vendor shall be consistent with State and Federal statutes and be an advocate for the City throughout the project.

PROPOSAL PROCESS & RESPONSE

The RFP response should be fully self-contained, concise, and display clearly and accurately the capabilities, knowledge, experience, and capacity of the vendor to meet the requirements of the project and the proposals.

Vendors are encouraged to use methods they consider appropriate to communicate the required information. At a minimum, this will include submission of the information requested below:

A. Vendor description and project team

a. Vendor firm name, business, address, website address and contact information

b. Year established, number of employees, office locations, etc.

c. Vendor firm specialties: list your firm's area(s) of expertise

d. Identify a project manager and all key project personnel and provide their direct contact information. No key staff member will be reassigned without written approval by the City.

e. Identify minority or women owned business status

B. Proposal Sheets

Completed proposal sheets must be submitted on vendors company letterhead utilizing the format provided in Appendix D and must include:

a. Proposal Form

b. Proposal Return Sheet to include federal provisions found in Appendix B

c. References: include at least 3 professional references (business name, contact, email address & phone number). References may be contacted as part of our preliminary proposal review to assist project committee in assessing vendor qualifications. Current City of Nashua personnel and elected officials shall not be used as references.

d. City Projects: Provide a list of project awards the vendor has received from the City of Nashua in the past 5 years. Please include project detail, City department, and City project lead.

e. The Scope of Work section of the proposal should explain the Scope of Work as understood by the vendor and detail the approach, activities, and work products. Your proposal shall also include and identify suggested revisions and improvements to the Scope of Work that might benefit the project either in efficiency or financially.

f. Proposals should be inclusive of all costs necessary to execute this project.

g. Any additional information that the vendor considers pertinent for consideration should be included in a separate section of the proposals. The City solicits a statement about why the vendor feels its approach would be the most cost effective to the City.

C. General Submission Requirements

a. Responses to this RFP shall be submitted on 8.5 inch by 11-inch sheets.

b. If submitting via paper, responses shall be bound.

c. Pages will use one-inch minimum margins and font size shall be eleven points (minimum) and should be double-side printed.

d. There is no page limit, however it is noted that relevance and brevity shall be considered during evaluation of the submittals.

PROPOSAL REVIEW/EVALUATION

Proposals shall be evaluated by specific criteria set forth in this RFP. All proposals considered responsive shall be evaluated for completeness of data provided, support for all claims made, and the overall approach taken. The objective is to select a vendor, through the outlined evaluation process, whose proposal is judged to be in the best interest of the City.

A. INITIAL REVIEW-SUBMITTED PROPOSALS

All proposals will be initially evaluated to determine if they meet the mandatory requirements.

1) The proposal must have been received on or before the specified deadline.

2) The proposal must be complete, in the required format, and comply with all the material requirements of this RFP.

3) Vendors must provide references as outlined.

Failure to meet these requirements may result in a rejected proposal. No proposal shall be rejected, however, if it contains a minor irregularity, defect, or variation, if the irregularity, defect, or variation is considered by the City to be immaterial or inconsequential. In such cases, the vendor will be notified of the deficiency and given an opportunity to correct the irregularity, defect, or variation, or the City may elect to waive the deficiency and accept the proposal.

B. CRITERIA FOR SELECTION

All proposals received from vendors will be reviewed and evaluated by a committee of qualified personnel. This committee will recommend for selection the proposal which most closely meets the requirements of the RFP and is the most advantageous to the City. The City of Nashua is not bound to accept the lowest priced proposal if that proposal is not in the best interest of the City as determined by the City. The City reserves the right to accept or reject any and/or all offers, to waive any and/or all formalities, to clarify any discrepancies in the proposal, and to award a contract in the best interest of the City.

Contract(s) will be awarded based on a competitive selection of proposals received. A review committee comprised of city stakeholders will be conveyed to evaluate the proposals and provide a recommendation. Below are specifics as to how the proposals are weighed for decision making purposes.

1) Qualifications and experience of project team

2) Past performance and service on similar projects and responses from client references

3) Proposed Project Completion Dates

4) Overall quality of Submission

5) Total cost proposed

6) Classification as a disadvantaged business enterprise

These criteria will be used to evaluate, rate, and rank the proposals received. The City may choose to interview the top three respondents following ranking or immediately select a vendor from the proposals submitted.

Criteria Weight

Technical Specifications:

• Forklift meets the specifications as requested in Appendix A 30%

Reliability & Maintenance

• Serviceability & east of parts availability

• Vendor service/support reputation

• Manufacturer’s warranty for parts and labor

10%

Delivery

• Delivery timeline 10%

Cost Proposal:

Cost proposal should include any payment schedule setting forth the frequency and amount of progress payments, and identifying the tasks and deliverables (“milestones”) to be completed for each payment to be deemed earned.

50%

ADDITIONAL CONSIDERATIONS:

The vendor selected shall be expected to comply with all applicable federal and state laws in performance of services. The consideration of all proposals and subsequent selection of the successful vendors shall be made without regard to race, color, sex, age, handicap, religion, political affiliation, or national origin. Services provided by the successful vendor shall be rendered through a contract, which has been included (Appendix C).

Respondent vendors must identify any exceptions or objections it has to the City’s sample Standard Form of

Agreement, Terms and Conditions documents. Copies are part of this proposal in Appendix C

The City may from time to time revise the above listed documents. The City will not accept or entertain any exceptions or objections to the above listed documents at any time after proposal submittal except and only to the extent the City subsequently makes a material change to a substantive provision of the above listed terms and conditions.

The submission must declare that it is made without collusion with any other person or entity submitting a proposal pursuant to this RFP

Disclosure of any potential conflict or statement that there are none to the best knowledge of the vendor(s). Also, vendor(s) should state its intention to conform to the no conflict provisions of the RFP .

Prospective applicants who have any questions regarding this opportunity may contact:

Amy Girard |Purchasing Manager City of Nashua | Administrative Services Division 229 Main Street | Nashua, NH 03060 Email: purchasing@nashuanh.gov Ph: 603-589-3332

Proposal Document List

The following is a list of documents included in this RFP. Please ensure you have reviewed all documents before submitting all proposals to the City.

☐ Introduction Letter

☐ General Requirements

☐ Appendix A – Scope of Work/Specifications

☐ Appendix B – Required Contract Federal Clauses

☐ Appendix C– Contract

☐ Appendix D – Proposal Form and Proposal Affidavit

To be considered a complete response, at a minimum the following documents must be returned along with your proposals:

Proposal to include:

☐ Signed Appendix B- Required Contract Federal Clauses

☐ References

☐ Appendix D- Proposal Form

☐ Contract and/or Terms & Conditions Acceptance Statement

☐ Any & All Addendums issued after the release of this RFP. Addendums can be found on the City website or on Bonfire with the original proposal documents

Appendix A

Scope of Work/Specifications

NTS – FORK LIFT

• Forklift Type: Pneumatic Internal Combustion (IC) Forklift

• Load Capacity: Minimum 6,000 lbs (with options for higher capacity if required)

• Lift Height: Minimum 188 inches

• Engine Type: LPG preferred but will accept comparable diesel powered, with a preference for low-emission technology 5.

• Mast Type: Triple mast (for higher reach flexibility)Tilt mast and side shifting capabilities

• Fork Dimensions: Standard 48-inch, hook type forks, with adjustable width for varied load sizes

• Tire Type: Pneumatic / solid tires

• Fuel Efficiency: Focus on low fuel consumption and emissions to meet environmental standards

• Safety Features: Overhead Guard, Horn, Backup Alarm, and Safety

Lights, Load backrest

• Transmission: automatic

• Ergonomics:

o Adjustable seating for operator comfort o Low-effort controls for ease of operation

• Maintenance and Support:

o Manufacturer’s warranty for parts and labor

Other

Appendix B

REQUIRED CONTRACT FEDERAL CLAUSES – FORKLIFT

1. No Government Obligation to Third Parties

The recipient and contractor acknowledge and agree that, notwithstanding any concurrence by the US Government in or approval of the solicitation or award of the underlying contract, absent the express written consent by the US Government, the US Government is not a party to this contract and shall not be subject to any obligations or liabilities to the recipient, the contractor, or any other party (whether or not a party to that contract) pertaining to any matter resulting from the underlying contract.

2. Program Fraud and False or Fraudulent Statements or Related Acts

Contractor acknowledges that the provisions of the Program Fraud Civil Remedies

Act of 1986, as amended, 31 USC 3801 et seq. and USDOT regulations, "Program Fraud Civil Remedies," 49 CFR 31, apply to its actions pertaining to this project. Upon execution of the underlying contract, contractor certifies or affirms the truthfulness and accuracy of any statement it has made, it makes, it may make, or causes to be made, pertaining to the underlying contract or FTA assisted project for which this contract work is being performed. In addition to other penalties that may be applicable, contractor further acknowledges that if it makes, or causes to be made, a false, fictitious, or fraudulent claim, statement, submittal, or certification, the US Government reserves the right to impose the penalties of the Program Fraud Civil Remedies Act (1986) on contractor to the extent the US Government deems appropriate.

The Contractor also acknowledges that if it makes, or causes to be made, a false, fictitious, or fraudulent claim, statement, submission, or certification to the Federal Government under a contract connected with a project that is financed in whole or in part with Federal assistance originally awarded by FTA under the authority of 49 U.S.C chapter 53, the Government reserves the right to impose the penalties of 18 U.S.C 100I and 49 U.S.C. 5323 (I) on the Contractor, to the extent the Federal Government deems appropriate.

The Contractor agrees to include the above two clauses in each subcontract financed in whole or in part with Federal assistance provided by FTA. It is further agreed that the clauses shall not be modified, except to identify the subcontractor who will be subject to the provisions.

3. Access to Records and Reports:

a. Record Retention. The Contractor will retain, and will require its subcontractors of all tiers to retain, complete and readily accessible records related in whole or in part to the contract, including, but not limited to, data, documents, reports, statistics, leases, subcontracts, arrangements, other third party Contracts of any type, and supporting materials related to those records.

b. Retention Period. The Contractor agrees to comply with the record retention requirements in accordance with 2 C.F.R. § 200.334. The Contractor shall maintain all books, records, accounts and reports required under this Contract for a period of at not less than three (3) 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 records shall be maintained until the disposition of all such litigation, appeals, claims or exceptions related thereto.

c. Access to Records. The Contractor agrees to provide sufficient access to FTA and its contractors to inspect and audit records and information related to performance of this contract in accordance with 2 CFR § 200.337.

d. Access to the Sites of Performance. The Contractor agrees to permit FTA and its contractors access to the sites of performance under this contract in accordance with 2 CFR § 200.337.

4. Federal Changes

Contractor shall comply with all applicable FTA regulations, policies, procedures and directives, including without limitation those listed directly or by reference in the Master Agreement between the purchaser and FTA, as they may be amended or promulgated from time to time during the term of the contract. Contractor's failure to comply shall constitute a material breach of the contract.

5. Termination Applicability - All Contracts over $10,000

Termination for Default [Breach or Cause] (General Provision) If contractor does not Deliver items in accordance with the contract delivery schedule, or, if the contract is for services, and contractor fails to perform in the manner called for in the contract, or if contractor fails to comply with any other provisions of the contract, the recipient may terminate this contract for default. Termination shall be effected by serving a notice of termination to contractor setting forth the manner in which contractor is in default. Contractor shall only be paid the contract price for supplies delivered and accepted, or for services performed in accordance with the manner of performance set forth in the contract. If it is later determined by the recipient that contractor had an excusable reason for not performing, such as a strike, fire, or flood, events which are not the fault of or arc beyond the control of contractor, the recipient, after setting up a new delivery or performance schedule, may allow contractor to continue work, or treat the termination as a termination for convenience.

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 I0 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, or conditions of this Contract within ten (10) days after receipt by contractor or written notice from the recipient setting forth the nature of said breach or default, the recipient shall have the right to terminate the

Contract without any further obligation to contractor. Any such termination for default shall not in any way operate to preclude the recipient from also pursuing all available remedies against contractor and its sureties for said breach or default.

Waiver of Remedies for any Breach. In the event that the recipient elects to waive its remedies for any breach by contractor of any covenant, term or condition of this Contract, such waiver by the recipient shall not limit its remedies for any succeeding breach of that or of any other term, covenant, or condition of this Contract.

Termination for Default (Supplies and Service) lf 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 accordance with the manner or performance set forth in this contract. After termination for failure to fulfill contract obligations it is determined that contractor was not in default, the rights and obligations of the parties shall be the same determination had been issued for the recipient’s convenience.

Notice to FTA and US DOT Inspector General of information related to fraud, waste, abuse, or other legal matters. Applies to all contracts expected to equal or exceed $25,000. Prime CONTRACTOR must flow down this requirement to subcontractors 2CFR 200.318(k).

Administrative, contractual, or legal remedies in instances where contractors violate or breach contract terms, and provide for such sanctions and penalties as appropriate defer to section 2 CFR 200 (Appendix II(A)).

Governing Law This Agreement shall be governed exclusively by the laws of the State of New

Hampshire and any claim or action brought relating to this Agreement, the work performed or contracted to be performed thereunder, or referable in anyway thereto shall be brought in Hillsborough County (New Hampshire) Superior Court Southern Judicial District or in the New Hampshire 9th Circuit Court—Nashua and not elsewhere.

6. Civil Rights Requirements

The Recipient understands and agrees that it must comply with applicable

Federal civil rights laws and regulations, and follow applicable Federal guidance, except as the Federal Government determines otherwise in writing. Specifically:

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. § 5332 (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), (f) Disability, or (g) Age, and (2) The FTA "Nondiscrimination" statute's prohibition against discrimination includes: (a) Exclusion from participation, (b) Denial of program benefits, or (c) Discrimination, including discrimination in employment or business opportunity, Nondiscrimination -Title VI of the Civil Rights Act. The Recipient agrees to, and assures that each Third Party Participant will : ( I ) Prohibit discrimination based on: (a) Race, (b) Color, or (c) National origin, (2) Comply with: (a) Title VI of the Civil Rights Act of 1964, as amended, 42 U.S.C. § 2000d et seq., (b) U.S. DOT regulations, "Nondiscrimination in Federally Assisted Programs of the Department of Transportation - Effectuation of Title VI of the Civil Rights Act of 1964," 49 C.F.R.

part 21, and (c) Federal transit law, specifically 49 U.S.C. §5332, as stated in the preceding section a, and (3) Except as FTA determines otherwise in writing, follow: (a) The most recent edition of FTA Circular 4702.1, "Title VI and Title VI Dependent Guidelines for Federal Transit Administration Recipients," to the extent consistent with applicable Federal laws, regulations, and guidance. (b) U.S. DOJ, "Guidelines for the enforcement of Title VI, Civil Rights Act of 1964," 28 C.F.R. § 50.3, and (c) Other applicable Federal guidance that may be issued, Equal Employment Opportunity. (1) Federal Requirements and Guidance. The

Recipient agrees to, and assures that each Third Party Participant will, prohibit discrimination on the basis of race, color, religion, sex, or national origin, and:

(a) Comply with Title VI of the Civil Rights Act of 1964, as amended, 42

U.S.C. § 2000e et seq., (b) Facilitate compliance with Executive Order No. 1 1246, "Equal Employment Opportunity," as amended by Executive Order No.11375, "Amending Executive Order No. 11246, Relating to Equal Employment Opportunity," 42 U.S.C. § 2000e note,

(c) Comply with Federal trans t law, specifically 49 U.S.C. § 5332, as stated in section a, and (d) Comply with other applicable EEO laws and regulations, as provided in Federal guidance, including laws and regulations prohibiting discrimination on the basis of disability, except as the Federal Government determines otherwise in writing, (2) General. The Recipient agrees to: (a) Ensure that applicants for employment are employed and employees are treated during employment without discrimination on the basis of their: 1 Race, 2 Color, 3 Religion, 4 Sex, 5 Disability, 6 Age, or 7 National origin,

(b) Take affirmative action that includes, but is not limited to: 1 Recruitment advertising, 2 Recruitment, 3 Employment, 4 Rates of pay, 5 Other forms of compensation, 6 Selection for training, including apprenticeship, 7 Upgrading, 8 Transfers, 9 Demotions, I0 Layoffs, and II Terminations, and (3) Equal Employment Opportunity Requirements for Construction Activities. Ln addition to the foregoing, when undertaking "construction" as recognized by the U.S.

Department of Labor (U.S. DOL), the Recipient agrees to comply, and assures the compliance of each Third Party Participant, with:

(a) U.S. DOL regulations, "Office of Federal Contract

Compliance Programs, Equal Employment Opportunity, Department of Labor," 41 C.F.R. chapter 60, and

(b) Executive Order No. 1 1246, "Equal Employment

Opportunity," as amended by Executive Order No. l 1375, "Amending Executive Order No. 11246, Relating to Equal Employment Opportunity," 42 U.S.C. § 2000c note, Disadvantaged Business Enterprise: 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 concerns 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 10 l (b) of MAP-21 , 23 U.S.C. § 101 note, (b) U.S. DOT regulations, Participation by Disadvantaged Business Enterprises in Department of Transportation Financial Assistance Programs," 49 C.F.R. part 26, and (c) Federal transit law, specifically 49 U.S.C. § 5332, as stated in section a,

(2) Assurance. As required by 49 C.F.R. § 26. 13(a), the Recipient provides assurance that: The Recipient shall not discriminate on the basis of race, color, national origin, or sex in the award and performance of any DOT- assisted contract or in the administration of its DBE program or the requirements of 49 C.F.R. part 26. The Recipient shall take all necessary and reasonable steps under 49 C.F.R. part 26 to ensure nondiscrimination in the award and administration of DOT-assisted contracts. The Recipient's DBE program, as required by 49 C.F.R.

part 26 and as approved by DOT, is incorporated by reference in this agreement.

Implementation of this program is a legal obligation and failure to carry out its terms shall be treated as a violation of this agreement. Upon notification to the Recipient of its failure to carry out its approved program, the Department may impose sanctions as provided for under 49 C.F.R. part 26 and may, in appropriate cases, refer the matter for enforcement under 18 U.S.C. § I001 and/or the Program Fraud Civil Remedies Act of 1986, 31 U.S.C. § 3801 et seq., Nondiscrimination based on Sex. The Recipient agrees to comply with Federal prohibitions against discrimination on the basis of sex, including: (1) Title IX of the Education Amendments of 1972, as amended, 20 U.S.C. § 1681 et seq., (2) U.S.

DOT regulations, "Nondiscrimination on the Basis of Sex in Education Programs or Activities Receiving Federal Financial Assistance," 49 C.F.R. part 25, and (3) Federal transit law, specifically 49 U.S.C. § 5332, as stated in section a, Nondiscrimination on the Basis of Age. The Recipient agrees to comply with

Federal prohibitions against discrimination on the basis of age, including: (I) The Age Discrimination in Employment Act (ADEA), 29 U.S.C. §§ 62 l - 634, which prohibits discrimination on the basis of age, (2) U.S. Equal Employment Opportunity Commission (U.S. EEOC) regulations, "Age Discrimination in Employment Act," 29 C.F.R. part 1625, which implements the ADEA, (3) The Age Discrimination Act of 1975, as amended, 42 U.S.C. § 610 I et seq., which prohibits Discrimination against individuals on the basis of age in the administration of programs or activities receiving Federal funds, (4) U.S. Health and Human Services regulations, "Nondiscrimination on the Basis of Age in Programs or Activities Receiving Federal Financial Assistance," 45 C.F.R. part 90, which implements the Age Discrimination Act of 1975, and Federal transit law, specifically 49 U.S.C. § 5332, as stated in section a, Nondiscrimination on the Basis of Disability. The Recipient agrees to comply with the following Federal prohibitions pertaining to discrimination against seniors or individuals with disabilities: ( I ) Federal laws, including: (a) Section 504 of the Rehabilitation Act of 1973, as amended, 29 U.S.C. § 794, which prohibits discrimination on the basis of disability in the administration of federally funded programs or activities,

(b) The Americans with Disabilities Act of 1990 (ADA), as amended, 42 U.S.C. § 1210 I et 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 seq., 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 discrimination, and (e) Other applicable laws and amendments pertaining to access for elderly individuals or individuals with disabilities, (2) Federal regulations, including: (a) U.S. DOT regulations, "Transportation Services for Individuals with Disabilities (ADA)," 49 C.F.R. part 37, (b) U.S. DOT regulations , "Nondiscrimination on the Basis of Disability in Programs and Activities Receiving or Benefiting from Federal Financial Assistance," 49 C.F.R.

part 27, U.S. DOT regulations, "Transportation for persons with Disabilities:

Passenger Vessels,"49 C.F.R. part 39, (d) Joint U.S. Architectural and Transportation Barriers Compliance Board (U.S. ATBCB) and U.S. DOT regulations, "Americans With Disabilities (ADA) Accessibility Specifications for Transportation Vehicles," 36 C.F.R. part 1 192 and 49 C.F.R. part 38, (e) U.S.

DOJ regulations, "Nondiscrimination on the Basis of Disability in State and Local

Government Services," 28 C.F.R. part 35, (t) U.S. DOJ regulations, "Nondiscrimination on the Basis of Disability by Public Accommodations and in Commercial Facilities," 28 C.F.R. part 36, (g) U.S. EEOC, "Regulations to Implement the Equal Employment Provisions of the Americans with Disabilities Act," 29 C.F.R. part 1630, (h) U.S. Federal Communications Commission Regulations, "Telecommunications Relay Services and Related Customer Premises Equipment for Persons with Disabilities ," 47 C.F.R. part 64, Subpart F,

(i) U.S. ATBCB regulations, "Electronic and Information Technology Accessibility Standards," 36 C.F.R. part 1 194, and (j) FTA regulations, "Transportation for Elderly and Handicapped Persons,"49 C.F.R. part 609, and (3) Other applicable Federal civil rights and nondiscrimination guidance, Drug or Alcohol Abuse - Confidentiality and Other Civil Rights Protections. The

Recipient agrees to comply with the confidentiality and civil rights protections of:

(1) The Drug Abuse Office and Treatment Act of 1972, as amended, 21 U.S.C. § 1 101 et seq., (2) The Comprehensive Alcohol Abuse and Alcoholism Prevention , Treatment and Rehabilitation Act of 1970, as amended, 42 U.S.C. § 4541 et seq., and (3) The Public Health Service Act, as amended 42 U.S.C. §§ 290dd -290dd- 2, Access to Services for People with Limited English Proficiency. Except as the

Federal Government determines otherwise in writing, the Recipient agrees to promote accessibility of public transportation services to people whose understanding of English is limited by following: Executive Order No. 13166, "Improving Access to Services for Persons with Limited English Proficiency," August 11, 2000, 42 U.S.C. § 2000d-l note, and (2) U.S. DOT Notice, "DOT Policy Guidance Concerning Recipients' Responsibilities to Limited English Proficiency (LEP) Persons," 70 Fed. Reg. 74087, December 14, 2005, Drug or Alcohol Abuse

- Confidentiality and Other Civil Rights Protections. The Recipient agrees to comply with the confidentiality and civil rights protections of: (1) The Drug Abuse Office and Treatment Act of 1972, as amended, 21 U.S.C. § 1 101 et seq., (2) The Comprehensive Alcohol Abuse and Alcoholism Prevention , Treatment and Rehabilitation Act of 1970, as amended, 42 U.S.C. § 4541 et seq., and (3) The Public Health Service Act, as amended 42 U.S.C. §§ 290dd -290dd-2, Access to Services for People with Limited English Proficiency. Except as the

Federal Government determines otherwise in writing, the Recipient agrees to promote accessibility of public transportation services to people whose understanding of English is limited by following: Executive Order No. 13166, "Improving Access to Services for Persons with Limited English Proficiency," August 11, 2000, 42 U.S.C. § 2000d-l note, and (2) U.S. DOT Notice, "DOT Policy Guidance Concerning Recipients' Responsibilities to Limited English Proficiency (LEP) Persons," 70 Fed. Reg. 74087, December 14, 2005, Environmental Justice.

Except as the Federal Government determines otherwise in writing, the Recipient agrees to promote environmental justice by following: (1) Executive Order No.

12898, "Federal Actions to Address Environmental Justice in Minority Populations and Low-Income Populations," February 1 1, 1994, 42 U.S.C. § 4321 note, as well as facilitating compliance with that Executive Order, and (2) DOT Order 5610.2, "Department of 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, "Environmental Justice Policy Guidance for Federal Transit Administration Recipients," August 15, 2012, to the extent consistent with applicable Federal Laws, regulations, and guidance, and Other Nondiscrimination Laws. Except as the Federal Government determines otherwise in writing, the Recipient agrees to:

(1) Comply with other applicable Federal nondiscrimination Jaws and regulations, and (2) follow Federal guidance prohibiting discrimination.

Environmental Justice. Except as the Federal Government determines otherwise in writing, the Recipient agrees to promote environmental justice by following: (1) Executive Order No. 12898, "Federal Actions to Address Environmental Justice in Minority Populations and Low-Income Populations," February 1 1, 1994, 42 U.S.C. § 4321 note, as well as facilitating compliance with that Executive Order, and (2) DOT Order 5610.2, "Department of 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, "Environmental Justice Policy Guidance for Federal Transit Administration Recipients," August 15, 2012, to the extent consistent with applicable Federal Laws, regulations, and guidance, and Other Nondiscrimination Laws. Except as the Federal Government determines otherwise in writing, the Recipient agrees to: (1) Comply with other applicable Federal nondiscrimination Jaws and regulations, and (2) follow Federal guidance prohibiting discrimination.

Contractor shall include these requirements in each subcontract financed in whole or in Part with FTA assistance, modified only if necessary to identify the affected parties.

7. Disadvantaged Business Enterprise

The contractor, sub-recipient or subcontractor 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 C.F.R. part 26 in the award and administration of DOT-assisted contracts. 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 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 C.F.R.§

26.13(b).

The contractor shall not discriminate based on race, color, religion, 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 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 the municipal corporation deems appropriate. Each subcontract the contractor signs with a subcontractor must include the assurance in this paragraph (see 49 CFR 26.13(b)).

If a separate contract goal has been established, Bidders/offerors are required to document sufficient DBE participation to meet these goals or, alternatively, document adequate good faith efforts to do so, as provided for in 49 CFR 26.53.

If no separate contract goal has been established, the successful bidder/offeror will be required to report its DBE participation obtained through race-neutral means throughout the period of performance.

The contractor is required to pay its subcontractors 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 the recipient. In addition, the contractor may not hold retainage from its subcontractors or must return any retainage payments to those subcontractors within 30 days after the subcontractor's work related to this contract is satisfactorily completed or must return any retainage payment to those subcontractors within 30 days after incremental acceptance of the subcontractor's work by the recipient and contractor's receipt of the partial retainage payment related to the subcontractor's work.

The contractor must promptly notify the recipient 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 the recipient. This affidavit must be on the form provided by NTS, which is enclosed with this bid package 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 Agreement.

The contractor shall not perform any act, fail to perform any act, or refuse to comply with any request that would cause the recipient to be in violation of FTA terms and conditions.

8. Compliance with Federal Regulations

Any contract entered pursuant to this solicitation shall contain the following provisions: All USOOT-required contractual provisions, as set forth in FTA

Circular 4220.1 F, are incorporated by reference.

Anything to the contrary herein notwithstanding, FTA mandated terms shall control in the event of a conflict with other provisions contained in this

Agreement. Contractor shall not perform any act, fail to perform any act, or refuse to comply with any grantee request that would cause the recipient to be in violation of FTA terms and conditions. Contractor shall comply with all applicable

FTA regulations, policies, procedures and directives, including, without limitation, those listed directly or incorporated by reference in the Master Agreement between the recipient and FTA, as 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.

9. Government Wide Debarment and…