HomeMy WebLinkAbout24B206 - Ride Mobility LLCCONTRACT ABSTRACT
Contract/Amendment
Name of Contract:
Company Name:
Company Contact:
Email:
Summary of Services:
Contract Price:
Contract Term:
Public Integrity/ Business
Disclosure Forms:
Contract Administration
Lead Department:
Contract Administrator/ Ext:
Contract Approvals
Council/City Manager Approval Date:
Agreement Number:
Amendment Number:
Contract Compliance
Exhibits:
Insurance:
Routed By:
Bonds:
Business License:
Sole Source Co-Op
CoOp Agmt #: Sole Source
Documents: CoOp Name:
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By: Submitted on:
Contract Abstract Form Rev 8.16.23
Authorized Signers:
Name, Email
(Corporations require 2 signatures)
Electric Transit Buses for Palm Springs International Airport
RIDE Mobility LLC
James Holtz
james.holtz@ride.co
Supply of 3x Electric Transit Buses
$2,860,577.33
September 16, 2024 through September 15, 2027
Yes
Patrick Duan, patrick.duan@ride.co
Aviation
Jeremy Keating /Victoria Carpenter
24B206
N/A
Yes
Yes
Yes
Procurement
N/A
No
IFB 24-18
N/A
N/A
N/A
8/28/2024 Anil Cholakkara
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CITY OF PALM SPRINGS
GOODS PURCHASE AGREEMENT 24B206
THREE ELECTRIC TRANSIT BUSES FOR THE PALM SPRINGS
INTERNATIONAL AIRPORT
This Goods Purchase Agreement (“Agreement”) is entered into this 16th day of September
2024, by and between the City of Palm Springs, a California charter city and municipal
corporation (“City”), and RIDE Mobility LLC, a Delaware Limited Liability Company with its
principal place of business at 888 E. Walnut St. Ste 220, Pasadena, CA 91101 (“Supplier”). City
and Supplier are sometimes individually referred to as “Party” and collectively as “Parties” in this
Agreement.
1. DEFINITIONS.
a. “Goods” means all machinery, equipment, supplies, items, parts, materials, labor
or other services, including design, engineering and installation services,
provided by Supplier as specified in Exhibit “A,” attached hereto and incorporated
herein by reference.
b. “Delivery Date(s)” means that date or dates upon which the Goods is to be
delivered to City, ready for approval, testing and/or use as specified in Exhibit
“A,” attached hereto and incorporated herein by reference.
2. PRICES.
Unless expressly provided otherwise, all prices and fees specified in Exhibit “B”, attached hereto
and incorporated herein by reference, are firm and shall not be subject to change without the
written approval of City. No extra charges of any kind will be allowed unless specifically agreed
to in writing by City’s authorized representative. The total price shall include (i) all federal, state
and local sales, use, excise, privilege, payroll, occupational and other taxes applicable to the
Goods furnished to City hereunder; and (ii) all charges for packing, freight and transportation to
destination. The total amount of Compensation shall not exceed $2,860,577.33.
3. TERM.
Unless earlier terminated in accordance with Section 15 of this Agreement, this Agreement shall
continue in full force and effect for a period of three years, commencing on September 16, 2024,
and ending on September 15, 2027, unless extended by mutual written agreement of the
Parties.
4. INSPECTIONS AND TESTS.
City shall have the right to inspect and/or test the Goods prior to acceptance. If upon inspection
or testing the Goods or any portion thereof are found to be nonconforming, unsatisfactory,
defective, of inferior quality or workmanship, or fail to meet any requirements or specifications
contained in Exhibit “A,” then without prejudice to any other rights or remedies, City may reject
the Goods or exercise any of its rights under this Agreement. The inspection, failure to make
inspection, acceptance of goods, or payment for goods shall not impair City’s right to reject
nonconforming goods, irrespective of City’s failure to notify Supplier of a rejection of
nonconforming goods or revocation of acceptance thereof or to specify with particularity any
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defect in nonconforming goods after rejection or acceptance thereof.
5. WARRANTY.
a. Supplier warrants that the Goods will be of merchantable quality and free from
defects in design, engineering, material, and workmanship for a period of 3 years
or more on mechanical and 10 years on battery, or such longer period as
provided by a manufacturer’s warranty or as agreed to by Supplier and City, from
the date of final written acceptance of the Goods by City as required for final
payment under this Agreement. Supplier further warrants that any services
provided in connection with the Goods will be performed in a professional and
workmanlike manner and in accordance with the highest industry standards.
b. Supplier further warrants that all machinery, equipment, or process included in
the Goods will meet the performance requirements and specifications specified in
Exhibit “A” and shall be fit for the purpose intended. City’s inspection, testing,
approval, or acceptance of any such machinery, equipment, or process will not
relieve Supplier of its obligations under this paragraph.
c. For any breach of the warranties contained in this Section, Supplier will,
immediately after receiving notice from City, at the option of City, and at
Supplier’s own expense and without cost to City:
i. Repair the defective Goods;
ii. Replace the defective Goods with conforming Goods, F.O.B. City’s plant,
office or other location of City where the Goods was originally performed
or delivered; or
iii. Repay to City the purchase price of the defective Goods.
If City selects repair or replacement, any defects will be remedied without cost to City, including
but not limited to, the costs of removal, repair, and replacement of the defective Goods, and
reinstallation of new Goods. All such defective Goods that is so remedied will be similarly
warranted as stated above. In addition, Supplier will repair or replace other items of the Goods
which may have been damaged by such defects or the repairing of the same, all at its own
expense and without cost to City.
d. Supplier also warrants that the Goods is free and clear of all liens and
encumbrances whatsoever, that Supplier has a good and marketable title to
same, and that Supplier owns or has a valid license for all of the proprietary
technology and intellectual property incorporated within the Goods. Supplier
agrees to indemnify, defend, and hold City harmless against any and all third
party claims resulting from the breach or inaccuracy of any of the foregoing
warranties.
e. In the event of a breach by Supplier of its obligations under this Section, City will
not be limited to the remedies set forth in this Section, but will have all the rights
and remedies permitted by applicable law, including without limitation, all of the
rights and remedies afforded to City under the California Commercial Code.
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6. CHANGES.
City, at any time, by a written order, and without notice to any surety, may make changes in the
Goods, including but not limited to, City’s requirements and specifications. If such changes
affect the cost of the Goods or time required for its performance, an equitable adjustment will be
made in the price or time for performance or both. Any change in the price necessitated by
such change will be agreed upon between City and Supplier and such change will be authorized
by a change order document signed by City and accepted by Supplier.
7. PAYMENTS.
a. Terms of payment, are net thirty (30) days, less any applicable retention, after
receipt of invoice, or completion of applicable Progress Milestones. Final
payment shall be made by City after Supplier has satisfied all contractual
requirements. Payment of invoices shall not constitute acceptance of Goods.
b. If Progress Milestones have been specified in Exhibit “A,” then payments for the
Goods will be made as the requirements of such Progress Milestones are met.
Progress payments for the Goods will be made by City upon proper application
by Supplier during the progress of the Goods and according to the terms of
payment as specified in Exhibit “A.” Supplier’s progress billing invoice will
include progress payments due for the original scope of work and changes.
Each “Item for Payment” shown in Exhibit “A” and each change order will be
itemized on the invoice. Invoices for cost plus work, whether part of Exhibit “A”
or a change order, must have subcontractor and/or supplier invoices attached to
Supplier’s invoice. Other format and support documents for invoices will be
determined by City in advance of the first invoice cycle.
c. Payments otherwise due may be withheld by City on account of defective Goods
not remedied, liens or other claims filed, reasonable evidence indicating probable
filing of liens or other claims, failure of Supplier to make payments properly to its
subcontractors or for material or labor, the failure of Supplier to perform any of its
other obligations under the Agreement, or to protect City against any liability
arising out of Supplier’s failure to pay or discharge taxes or other obligations. If
the causes for which payment is withheld are removed, the withheld payments
will be made promptly. If the said causes are not removed within a reasonable
period after written notice, City may remove them at Supplier’s expense.
d. Payment of the final Progress Milestone payment or any retention will be made
by City upon:
i. Submission of an invoice for satisfactory completion of the requirements
of a Progress Milestone as defined in Exhibit “A” and in the amount
associated with the Progress Milestone;
ii. Written acceptance of the Goods by City;
iii. Delivery of all drawings and specifications, if required by City;
iv. Delivery of executed full releases of any and all liens arising out of this
Agreement; and
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v. Delivery of an affidavit listing all persons who might otherwise be entitled
to file, claim, or maintain a lien of any kind or character, and containing an
averment that all of the said persons have been paid in full.
If any person refuses to furnish an actual release or receipt in full, Supplier may furnish a bond
satisfactory to City to indemnify City against any claim or lien at no cost to City.
e. Acceptance by Supplier of payment of the final Progress Milestone payment
pursuant to Section will constitute a waiver, release and discharge of any and all
claims and demands of any kind or character which Supplier then has, or can
subsequently acquire against City, its successors and assigns, for or on account
of any matter or thing arising out of, or in any manner connected with, the
performance of this Agreement. However, payment for the final Progress
Milestone by City will not constitute a waiver, release or discharge of any claims
or demands which City then has, or can subsequently acquire, against Supplier,
its successors and assigns, for or on account of any matter or thing arising out of,
or in any manner connected with, the performance of this Agreement.
8. SCHEDULE FOR DELIVERY.
The time of Supplier’s performance is of the essence for this Agreement. The Goods will be
delivered in accordance with the schedule set forth in Exhibit “A.” Supplier must immediately
notify City in writing any time delivery is behind schedule or may not be completed on schedule.
In addition to any other rights City may have under this Agreement or at law, Supplier shall pay
City the sum of $ 0.00 per item of Goods for each calendar day for which the item of Goods is
unavailable beyond the scheduled delivery date(s) specified in Exhibit “A.” In the event that the
Goods is part of a larger project or projects that require the coordination of multiple contractors
or suppliers, then Supplier will fully cooperate in scheduling the delivery so that City can
maximize the efficient completion of such project(s).
9. TAXES.
Supplier agrees to timely pay all sales and use tax (including any value added or gross receipts
tax imposed similar to a sales and use tax) imposed by any federal, state or local taxing
authority on the ultimate purchase price of the Goods provided under this Agreement. Supplier
will withhold, and require its subcontractors, where applicable, to withhold all required taxes and
contributions of any federal, state or local taxing authority which is measured by wages, salaries
or other remuneration of its employees or the employees of its subcontractors. Supplier will
deposit, or cause to be deposited, in a timely manner with the appropriate taxing authorities all
amounts required to be withheld. All other taxes, however denominated or measured, imposed
upon the price of the Goods provided hereunder, will be the responsibility of Supplier. In
addition, all taxes assessed by any taxing jurisdiction based on Supplier property used or
consumed in the provision of the Goods such as and including ad valorem, use, personal
property and inventory taxes will be the responsibility of Supplier. Supplier will, upon written
request, submit to City written evidence of any filings or payments of all taxes required to be
paid by Supplier hereunder.
10. INDEPENDENT CONTRACTOR.
Supplier enters into this Agreement as an independent contractor and not as an employee of
City. Supplier shall have no power or authority by this Agreement to bind City in any respect.
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Nothing in this Agreement shall be construed to be inconsistent with this relationship or status.
All employees, agents, contractors or subcontractors hired or retained by the Supplier are
employees, agents, contractors or subcontractors of the Supplier and not of City. City shall not
be obligated in any way to pay any wage claims or other claims made against Supplier by any
such employees, agents, contractors or subcontractors or any other person resulting from
performance of this Agreement.
11. TITLE AND RISK OF LOSS.
Unless otherwise agreed, City will have title to, and risk of loss of, all completed and partially
completed portions of the Goods upon delivery, as well as materials delivered to and stored on
City property which are intended to become a part of the Goods. However, Supplier will be
liable for any loss or damage to the Goods and/or the materials caused by Supplier or its
subcontractors, their agents or employees, and Supplier will replace or repair said Goods or
materials at its own cost to the complete satisfaction of City. Notwithstanding the foregoing, in
the event that the City has paid Supplier for all or a portion of the Goods which remains in the
possession of Supplier, then City shall have title to, and the right to take possession of, such
Goods at any time following payment therefor. Risk of loss for any Goods which remains in the
possession of Supplier shall remain with Supplier until such Goods has been delivered or City
has taken possession thereof. Supplier will have risk of loss or damage to Supplier’s property
used in the construction of the Goods but which does not become a part of the Goods.
12. INDEMNIFICATION.
a. To extent permitted by law, Supplier shall defend, indemnify and hold the City, its
officials, officers, employees, volunteers and agents free and harmless from any
and all claims, demands, causes of action, costs, expenses, liability, loss,
damage or injury, in law or equity, to property or persons, including wrongful
death, in any manner arising out of or incident to any alleged acts, omissions,
negligence or willful misconduct of Supplier, its officials, officers, employees,
agents, subcontractors and subconsultants arising out of or in connection with
the Goods or the performance of this Agreement, including without limitation the
payment of damages, attorneys’ fees and other related costs and expenses
except such loss or damage which was caused by the sole negligence or willful
misconduct of the City. Supplier’s obligation to indemnify shall not be restricted
to insurance proceeds, if any, received by the City, its officials, officers,
employees, agents or volunteers.
b. Supplier’s defense obligation for any and all such aforesaid suits, actions or other
legal proceedings of every kind that may be brought or instituted against the City,
its officials, officers, employees, agents, or volunteers shall be at Supplier’s own
cost, expense, and risk. Supplier shall pay and satisfy any judgment, award, or
decree that may be rendered against City or its officials, officers, employees,
agents, or volunteers, in any such suit, action, or other legal proceeding.
Supplier shall reimburse City and its officials, officers, employees, agents, and/or
volunteers, for any and all legal expenses and costs incurred by each of them in
connection therewith or in enforcing the indemnity herein provided.
13. INSURANCE.
a. General. Supplier shall take out and maintain:
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i. Commercial General Liability Insurance, of at least $1,000,000 per
occurrence/ $2,000,000 aggregate for bodily injury, personal injury and
property damage, at least as broad as Insurance Services Office
Commercial General Liability most recent Occurrence Form CG 00 01;
ii. Automobile Liability Insurance for bodily injury and property damage
including coverage for owned, non-owned and hired vehicles, of at least
$1,000,000 per accident for bodily injury and property damage, at least as
broad as most recent Insurance Services Office Form Number CA 00 01
covering automobile liability, Code 1 (any auto);
iii. Workers’ Compensation in compliance with applicable statutory
requirements and Employer's Liability Coverage of at least $1,000,000
per occurrence; and
iv. Pollution Liability Insurance of at least $1,000,000 per occurrence and
$2,000,000 aggregate shall be provided by the Supplier if transporting
hazardous materials.
v. If Supplier is also the manufacturer of any equipment included in the
Goods, Supplier shall carry Product Liability and/or Errors and Omissions
Insurance which covers said equipment with limits of not less than
$1,000,000.
b. Additional Insured; Primary; Waiver of Subrogation; No Limitation on Coverage.
The policies required under this Section shall give City, its officials, officers,
employees, agents or volunteers additional insured status. Such policies shall
contain a provision stating that Supplier’s policy is primary insurance and that
any insurance, self-insurance or other coverage maintained by the City or any
additional insureds shall not be called upon to contribute to any loss, and shall
contain or be endorsed with a waiver of subrogation in favor of the City, its
officials, officers, employees, agents, and volunteers. The limits set forth herein
shall apply separately to each insured against whom claims are made or suits
are brought, except with respect to the limits of liability. Requirements of specific
coverage or limits contained in this section are not intended as a limitation on
coverage, limits, or other requirement, or a waiver of any coverage normally
provided by any insurance. Any available coverage shall be provided to the
parties required to be named as additional insured pursuant to this Agreement.
c. Insurance Carrier. All insurance required under this Section is to be placed with
insurers with a current A.M. Best’s rating no less than A-:VII, licensed to do
business in California, and satisfactory to the City.
d. Evidence of Insurance. Supplier shall furnish City with original certificates of
insurance and endorsements effecting coverage required by the Agreement.
The certificates and endorsements for each insurance policy shall be signed by a
person authorized by that insurer to bind coverage on its behalf, and shall be on
forms supplied or approved by the City. All certificates and endorsements must
be received and approved by the City before delivery commences. The City
reserves the right to require complete, certified copies of all required insurance
policies, at any time.
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e. Subcontractors. All subcontractors shall meet the requirements of this Section
before commencing work. In addition, Supplier shall include all subcontractors
as insureds under its policies or shall furnish separate certificates and
endorsements for each subcontractor. All coverages for subcontractors shall be
subject to all of the requirements stated herein.
f. Freight. Supplier shall ensure that third party shippers contracted by Supplier
have adequate insurance coverage for the shipped Goods.
14. LIENS.
Supplier, subcontractors and suppliers will not make, file or maintain a mechanic’s or other lien
or claim of any kind or character against the Goods, for or on account of any labor, materials,
fixtures, tools, machinery, equipment, or any other things furnished, or any other work done or
performance given under, arising out of, or in any manner connected with the Agreement (such
liens or claims referred to as “Claims”); and Supplier, subcontractor and suppliers expressly
waive and relinquish any and all rights which they now have, or may subsequently acquire, to
file or maintain any Claim and Supplier, subcontractor and suppliers agree that this provision
waiving the right of Claims will be an independent covenant. Supplier will save and hold City
harmless from and against any and all Claims that may be filed by a subcontractor, supplier or
any other person or entity and Supplier will, at its own expense, defend any and all actions
based upon such Claims and will pay all charges of attorneys and all costs and other expenses
arising from such Claims.
15. TERMINATION OF AGREEMENT BY CITY.
a. Should Supplier at any time refuse or fail to deliver the Goods with promptness
and diligence, or to perform any of its other obligations under the Agreement,
City may terminate Supplier’s right to proceed with the delivery of the Goods by
written notice to Supplier. In such event City may obtain the Goods by whatever
method it may deem expedient, including the hiring of another contractor or other
contractors and, for that purpose, may take possession of all materials,
machinery, equipment, tools and appliances and exercise all rights, options and
privileges of Supplier. In such case Supplier will not be entitled to receive any
further payments until the Goods is delivered. If City’s cost of obtaining the
Goods, including compensation for additional managerial and administrative
services, will exceed the unpaid balance of the Agreement, Supplier will be liable
for and will pay the difference to City.
b. City may, for its own convenience, terminate Supplier’s right to proceed with the
delivery of any portion or all of the Goods by written notice to Supplier. Such
termination will be effective in the manner specified in such notice, will be without
prejudice to any claims which City may have against Supplier, and will not affect
the obligations and duties of Supplier under the Agreement with respect to
portions of the Goods not terminated.
c. On receipt of notice under this Section, Supplier will, with respect to the portion of
the Goods terminated, unless the notice states otherwise,
i. Immediately discontinue such portion of the Goods and the placing of
orders for materials, facilities, and supplies in connection with the Goods,
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ii. Unless otherwise directed by City, make every reasonable effort to
procure cancellation of all existing orders or contracts upon terms
satisfactory to City; and
iii. Deliver only such portions of the Goods which City deems necessary to
preserve and protect those portions of the Goods already in progress and
to protect material, plant and equipment at the Goods site or in transit to
the Goods site.
d. Upon termination pursuant to this Section, Supplier will be paid a pro rata portion
of the compensation in the Agreement for any portion of the terminated Goods
already delivered, including material and services for which it has made firm
contracts which are not canceled, it being understood that City will be entitled to
such material and services. Upon determination of the amount of said pro rata
compensation, City will promptly pay such amount to Supplier upon delivery by
Supplier of the releases of liens and affidavit, pursuant to this Section.
16. FORCE MAJEURE
Supplier shall not be held responsible for failure or delay in shipping nor City for failure or delay
in accepting Goods described herein if such failure or delay is due to a Force Majeure Event. A
Force Majeure Event shall mean an event that materially affects a Party’s performance and is
one or more of the following: (1) Acts of God or other natural disasters; (2) terrorism or other
acts of a public enemy; (3) orders of governmental authorities (including, without limitation,
unreasonable and unforeseeable delay in the issuance of permits or approvals by governmental
authorities that are required for the Goods); (4) pandemics, epidemics or quarantine restrictions;
and (5) strikes and other organized labor action, only to the extent such strikes and other
organized labor action are beyond the control of Supplier and its subcontractors, of every tier,
and to the extent the effects thereof cannot be avoided by use of replacement workers. For
purposes of this section, “orders of governmental authorities,” includes ordinances, emergency
proclamations and orders, rules to protect the public health, welfare and safety, and other
actions of the City in its capacity as a municipal authority. In the event of any such excused
interference with shipments, City shall have the option either to reduce the quantity provided for
in the order accordingly or to exercise its right of cancellation as set forth in this Agreement.
17. CITY OFFICERS AND EMPLOYEES: NON-DISCRIMINATION
a. Non-Liability of City Officers and Employees. No officer or employee of City shall
be personally liable to the Supplier, or any successor-in-interest, in the event of
any default or breach by City or for any amount which may become due to the
Supplier or its successor, or for breach of any obligation of the terms of this
Agreement.
b. Conflict of Interest. Supplier acknowledges that no officer or employee of the
City has or shall have any direct or indirect financial interest in this Agreement
nor shall Supplier enter into any agreement of any kind with any such officer or
employee during the term of this Agreement and for one (1) year thereafter.
Supplier warrants that Supplier has not paid or given, and will not pay or give,
any third party any money or other consideration in exchange for obtaining this
Agreement.
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c. Covenant Against Discrimination. In connection with its performance under this
Agreement, Supplier shall not discriminate against any employee or applicant for
employment because of actual or perceived race, religion, color, sex, age, marital
status, ancestry, national origin ( i.e., place of origin, immigration status, cultural
or linguistic characteristics, or ethnicity), sexual orientation, gender identity,
gender expression, physical or mental disability, or medical condition (each a
“prohibited basis”). Supplier shall ensure that applicants are employed, and that
employees are treated during their employment, without regard to any prohibited
basis. As a condition precedent to City’s lawful capacity to enter this Agreement,
and in executing this Agreement, Supplier certifies that its actions and omissions
hereunder shall not incorporate any discrimination arising from or related to any
prohibited basis in any Supplier activity, including but not limited to the following:
employment, upgrading, demotion or transfer; recruitment or recruitment
advertising; layoff or termination; rates of pay or other forms of compensation;
and selection for training, including apprenticeship; and further, that Supplier is in
full compliance with the provisions of Palm Springs Municipal Code Section
7.09.040, including without limitation the provision of benefits, relating to non-
discrimination in city contracting.
18. MISCELLANEOUS PROVISIONS.
a. Delivery of Notices. All notices permitted or required under this Agreement shall
be given to the respective parties at the following address or at such other
address as the respective parties may provide in writing for this purpose:
CITY:
City of Palm Springs
3200 E. Tahquitz Canyon Way
Palm Springs, CA 92262
Attn: City Manager
SUPPLIER:
RIDE Mobility LLC
888 E. Walnut St. Ste 200
Pasadena, CA, 91101
Attn: James Holtz
Such notice shall be deemed made when personally delivered or when mailed, forty-
eight (48) hours after deposit in the U.S. Mail, first class postage prepaid and addressed to the
party at its applicable address. Actual notice shall be deemed adequate notice on the date
actual notice occurred, regardless of the method of service.
b. Assignment or Transfer. Supplier shall not assign or transfer any interest in this
Agreement whether by assignment or novation, without the prior written consent
of the City, which will not be unreasonably withheld. Provided, however, that
claims for money due or to become due Supplier from the City under this
Agreement may be assigned to a financial institution or to a trustee in
bankruptcy, without such approval. Notice of any assignment or transfer,
whether voluntary or involuntary, shall be furnished promptly to the City.
c. Successors and Assigns. This Agreement shall be binding on the successors
and assigns of the Parties.
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d. Amendment; Modification. No supplement, modification, or amendment of this
Agreement shall be binding unless executed in writing and signed by both
Parties.
e. Waiver. No waiver of any default shall constitute a waiver of any other default or
breach, whether of the same or other covenant or condition. No waiver, benefit,
privilege, or service voluntarily given or performed by a Party shall give the other
Party any contractual rights by custom, estoppel or otherwise.
f. Governing Law. This Agreement shall be governed by the laws of the State of
California. Venue shall be in Riverside County.
g. Attorneys’ Fees and Costs. If any action in law or equity, including an action for
declaratory relief, is brought to enforce or interpret the provisions of this
Agreement, each Party shall pay its own attorneys’ fees.
h. Interpretation. Since the Parties or their agents have participated fully in the
preparation of this Agreement, the language of this Agreement shall be
construed simply, according to its fair meaning, and not strictly for or against any
Party.
i. No Third Party Beneficiaries. There are no intended third party beneficiaries of
any right or obligation assumed by the Parties.
j. Authority to Enter Agreement. Each Party warrants that the individuals who have
signed this Agreement have the legal power, right and authority to make this
Agreement and bind each respective Party.
k. Invalidity; Severability. If any portion of this Agreement is declared invalid, illegal,
or otherwise unenforceable by a court of competent jurisdiction, the remaining
provisions shall continue in full force and effect.
l. Counterparts. This Agreement may be signed in counterparts, each of which
shall constitute an original.
m. City’s Right to Employ Other Suppliers. City reserves its right to employ other
contractors in connection with the Goods.
n. Entire Agreement. This Agreement constitutes the entire agreement between the
Parties relative to the Goods specified herein. There are no understandings,
agreements, conditions, representations, warranties or promises with respect to
this Agreement, except those contained in or referred to in the writing.
o. Electronic Signature. Each Party acknowledges and agrees that this Agreement
may be executed by electronic or digital signature, which shall be considered as
an original signature for all purposes and shall have the same force and effect as
an original signature.
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19. COMPLIANCE WITH ECONOMIC SANCTIONS IN RESPONSE TO RUSSIA'S ACTIONS IN
UKRAINE.
When funding for the services is provided, in whole or in part, by an agency controlled of the
State of California, Consultant shall fully and adequately comply with California Executive Order
N-6-22 (“Russian Sanctions Program”). As part of this compliance process, Consultant shall
also certify compliance with the Russian Sanctions Program by completing the form located in
Exhibit “C” (Russian Sanctions Certification), attached hereto and incorporated herein by
reference. Consultant shall also require any subconsultants to comply with the Russian
Sanctions Program and certify compliance pursuant to this Section.
20. FEDERAL PROVISIONS.
Since funding for the Goods is provided, in whole or in part, by the Federal Aviation
Administration, Supplier shall also fully and adequately comply with the provisions included in
Exhibit “D” attached hereto and incorporated herein by reference (“Federal Provisions”). With
respect to any conflict between such Federal Provisions and the terms of this Agreement and/or
the provisions of state law, the more stringent requirement shall control.
[SIGNATURES ON FOLLOWING PAGE]
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SIGNATURE PAGE TO GOODS PURCHASE AGREEMENT
BETWEEN THE CITY OF PALM SPRINGS
AND RIDE MOBILITY LLC
IN WITNESS WHEREOF, the Parties have executed this Agreement as of the dates stated below.
CONTRACTOR:
By: _____________________________ By: _____________________________
Signature Signature (2nd signature required for Corporation)
Date: ___________________________ Date: ___________________________
CITY OF PALM SPRINGS:
APPROVED BY CITY COUNCIL:
Date: _________________ Item No. _________________
APPROVED AS TO FORM: ATTEST:
By: _____________________________ By: _____________________________
City Attorney City Clerk
APPROVED:
By: _____________________________ Date: ____________________________
City Manager – over $50,000
Deputy/Assistant City Manager – up to $50,000
Director – up to $25,000
Manager – up to $5,000
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Exhibit A
Goods Specifications
And
Delivery Schedule
[ATTACHED]
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Background:
The Palm Springs International Airport is in need of three (3) Electric Transit Buses. The
main purpose of these buses are to transport passengers and employees to and from
the terminal building and various airport parking lots.
Scope:
A. The contractor must supply Three (3) Electric Transit Buses per specifications below.
1. Lenth: Between 35 and 40 feet.
2. Width 102 in. (+0, -2).
3. Step height should not exceed 16.5 inches.
4. Approach/Departure Angle shall be Greater than or equal to 8.6 degrees.
5. Air Suspension with mechanical leveling valves.
6. Operating range of bus shall be at least 150 miles on a full charge at any point during
a 10-year useful life of vehicle.
7. Ability to rapidly charge within 3 hours; include charging equipment.
8. Prefer option to customize/equip with wireless inductive charging.
9. Top Speed 65 MPH.
10. Thermal management system to maintain electric system components within design
operating temperature limits.
11. Actuation of ABS and/or automatic traction control shall override the operation of
regenerative braking.
12. A fire suppression system to detect fire in the battery compartment and/or electric
motors must be an option.
13. Aisles no less than 20 in wide.
14. Wheelchair positions - 1 ADA compliant.
15. Lighting lamps at the front and rear doorways shall comply with ADA.
16. Wheelchair loading system with tie-downs.
17. Seating shall be in a perimeter seating arrangement and shall maximize seating
capacity with at least 20 seats, shall provide proposed seating layout to Airport / City
prior to purchase.
18. Stainless steel luggage platform capable of holding airline passenger luggage.
19. PA system for announcements and the ability for automated messages.
20. Equipped with the ability to transmit/monitor vehicle status and state of charge thru
cloud-based dashboard.
21. Equipped with airfield and City radios.
22. White in color to include City of Palm Springs Logo.
23. Warranty: Manufacturer’s warranty 3 years or more on mechanical and 10-year on
battery.
24. Delivery to Palm Springs Fleet Operation yard costs shall be included in the bid.
25. A complete set of drawings shall be submitted. These drawings shall show the deck
layout and weight distributions of the proposed unit. Descriptive literature, technical
data and photographs shall be included with the bid.
26. A preconstruction meeting and final inspection meeting will be held with vendor. The
bid shall include any necessary cost to host requested meeting to include flights and
lodging for 3 city Fleet Operations personnel.
27. Factory Maintenance and Operation Training to be included, for 5 city Fleet
Operations maintenance personnel.
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Compensation:
Work will be compensated on a lump sum basis. Contract pricing includes engineering,
design, build, and delivery of three (3) electric transit buses, 3 years or more manufacturer
warranty on mechanical and 10-year warranty on battery as outlined in the contract scope.
No additional compensation will be due by the City unless the contract is modified for
additional work requested by the City.
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Exhibit B
Fee Schedule
[ATTACHED]
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Exhibit C
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Exhibit D
FEDERAL AVIATION ADMINISTRATION
FEDERAL PROVISIONS
Provision
Reference Provision Description
Page
No.
FAA - 01 Access to Records and Reports 2
FAA - 02 Affirmative Action Requirement * 3
FAA – 03 Breach of Contract Terms 5
FAA – 04 Buy American Preference * 6
FAA – 05 Civil Rights General 7
FAA – 06 Civil Rights – Title VI Assurances * 8
FAA – 07 Clean Air and Water Pollution Control 11
FAA – 08 Contract Work Hours and Safety Standards Act Requirements 12
FAA – 09 Copeland Anti-Kickback Act 14
FAA – 10 Davis Bacon Requirements 15
FAA – 11 Debarment and Suspension * 22
FAA – 12 Disadvantaged Business Enterprise * 23
FAA – 13 Distracted Driving 25
FAA – 14 Prohibition on Certain Telecommunications and Video Surveillance
Services or Equipment
26
FAA – 15 Drug Free Workplace Requirements (not applicable to Contractors) 27
FAA – 16 Equal Employment Opportunity 28
FAA – 17 Federal Fair Labor Standards Act * 36
FAA – 18 Lobbying and Influencing Federal Employees 37
FAA – 19 Prohibition of Segregated Facilities 38
FAA – 20 Occupational Safety and Health Act of 1970 39
FAA – 21 Procurement of Recovered Materials * 40
FAA – 22 Right to Inventions 41
FAA – 23 Seismic Safety 42
FAA – 24 Tax Delinquency and Felony Convictions* 43
FAA – 25 Termination of Contract 44
FAA – 26 Trade Restriction Certification (Foreign) * 45
FAA – 27 Veteran’s Preference 47
FAA – 28 Domestic Preferences for Procurements * 48
*Solicitation Clause also
Updated 5.24.2023
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FAA - 01 Access to Records and Reports
APPLICABILITY – pertains to all contracts.
The Contractor must maintain an acceptable cost accounting system. The Contractor agrees to
provide the City, the Federal Aviation Administration and the Comptroller General of the United
States or any of their duly authorized representatives access to any books, documents, papers
and records of the Contractor which are directly pertinent to the specific contract for the purpose
of making audit, examination, excerpts and transcriptions. The Contractor agrees to maintain all
books, records and reports required under this contract for a period of not less than three years
after final payment is made and all pending matters are closed.
Reference: 2 CFR § 200.334, 2 CFR § 200.337, FAA Order 5100.38
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FAA - 02 Affirmative Action Requirement
NOTICE OF REQUIREMENT FOR AFFIRMATIVE ACTION TO
ENSURE EQUAL EMPLOYMENT OPPORTUNITY
APPLICABILITY – pertains to all contracts over $10,000 as follows:
Construction – AIP funded construction work contracts and subcontracts that exceed $10,000.
Construction work means construction, rehabilitation, alteration, conversion, extension,
demolition or repair of buildings, highways or other changes or improvements to real property,
including facilities providing utility services. The term also includes the supervision, inspection
and other onsite functions incidental to the actual construction.
Equipment – any equipment project exceeding $10,000 that involves installation of equipment
onsite (e.g., electrical vault equipment). This provision does not apply to equipment acquisition
projects where the manufacture of the equipment takes place offsite at a manufacturer’s plant
(e.g., firefighting and snow removal vehicles).
Professional Services – any professional service agreement if the professional services
agreement includes tasks that meet the definition of construction work [as defined by the U.S.
Department of Labor (DOL)] and exceeds $10,000. Examples include installation of monitoring
systems (e.g., noise, environmental, etc.).
Property/Land – any agreement associated with land acquisition if the agreement includes
construction work (defined above) that exceeds $10,000. Examples include demolition of
structures or installation of boundary fencing.
REQUIREMENTS -
1. The Contractor’s attention is called to the “Equal Opportunity Clause” and the “Standard
Federal Equal Employment Opportunity Construction Contract Specifications” set forth herein.
2. The goals and timetables for minority and female participation, expressed in percentage
terms for the Contractor’s aggregate workforce in each trade on all construction work in the
covered area, are as follows:
Timetables
Goals for minority participation for each trade: N/A
Goals for female participation in each trade: N/A
These goals are applicable to all of the Contractor’s construction work (whether or not it is
Federal or federally assisted) performed in the covered area. If the Contractor performs
construction work in a geographical area located outside of the covered area, it shall apply the
goals established for such geographical area where the work is actually performed. With
regard to this second area, the Contractor also is subject to the goals for both its federally
involved and nonfederally involved construction.
The Contractor’s compliance with the Executive Order and the regulations in 41 CFR Part 60-4
shall be based on its implementation of the Equal Opportunity Clause, specific affirmative
action obligations required by the specifications set forth in 41 CFR 60-4.3(a) and its efforts to
meet the goals. The hours of minority and female employment and training must be
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substantially uniform throughout the length of the contract, and in each trade, and the
Contractor shall make a good faith effort to employ minorities and women evenly on each of its
projects. The transfer of minority or female employees or trainees from Contractor to
Contractor or from project to project for the sole purpose of meeting the Contractor’s goals
shall be a violation of the contract, the Executive Order and the regulations in 41 CFR Part 60-
4. Compliance with the goals will be measured against the total work hours performed.
3. The Contractor shall provide written notification to the Director of the Office of Federal
Contract Compliance Programs (OFCCP) within 10 working days of award of any construction
subcontract in excess of $10,000 at any tier for construction work under the contract resulting
from this solicitation. The notification shall list the name, address, and telephone number of
the subcontractor; employer identification number of the subcontractor; estimated dollar
amount of the subcontract; estimated starting and completion dates of the subcontract; and
the geographical area in which the subcontract is to be performed.
4. As used in this notice and in the contract resulting from this solicitation, the “covered area”
is California, Riverside County, Palm Springs.
Reference: 41 CFR Part 60-4
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FAA – 03 Breach of Contract
APPLICABILITY – required for all contracts that exceed the simplified acquisition threshold as
stated in 2 CFR Part 200, Appendix II (A). This threshold is occasionally adjusted for inflation
and is $250,000.
REQUIREMENT -
See Section 15 of the Agreement.
Reference: 2 CFR § 200 Appendix II(A)
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FAA – 04 Buy American Preferences
APPLICABILITY – required for contracts defined as follows:
• Construction Projects involving the replacement, rehabilitation, reconstruction of
airfield surfaces such as on runways, taxiways, taxilanes, aprons, roadways, parking
lots, etc. – Insert the Certificate of compliance to FAA Buy American Preference based
on Construction Projects.
• Equipment and Buildings Projects involving and including the acquisition of
equipment such as snow removal equipment, navigational aids, wind cones, and the
construction of buildings such as hangars, terminal development, lighting vaults, aircraft
rescue & firefighting buildings, etc. - Insert the Certificate of Compliance with FAA Buy
American Preference Based on Equipment/Building Projects.
REQUIREMENT -
The Contractor certifies that all constructions materials, defined to mean an article, material, or
supply other than an item of primarily iron or steel; a manufactured product; cement and
cementitious materials; aggregates such as stone, sand, or gravel; or aggregate binding agents
or additives that are or consist primarily of: non-ferrous metals; plastic and polymer-based
products (including polyvinylchloride, composite building materials, and polymers used in fiber
optic cables); glass (including optic glass); lumber; or drywall used in the project are
manufactured in the U.S.
Reference: Title 49 USC § 50101
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FAA – 05 Civil Rights General
APPLICABILITY – required for all contracts regardless of funding source.
REQUIREMENT -
In all its activities within the scope of its airport program, the Contractor agrees to comply with
pertinent statutes, Executive Orders, and such rules as identified in Title VI List of Pertinent
Nondiscrimination Acts and Authorities to ensure that no person shall, on the grounds of race,
color, national origin (including limited English proficiency), creed, sex (including sexual
orientation and gender identity), age, or disability be excluded from participating in any activity
conducted with or benefiting from Federal assistance. The above provision binds the Contractor
and subcontractors from the bid solicitation period through the completion of the contract.
This provision is in addition to that required by Title VI of the Civil Rights Act of 1964.
Reference: 49 USC § 47123
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FAA – 06 Civil Rights – Title VI Assurances
APPLICABILITY – required for all contracts.
REQUIREMENT -
Title VI List of Pertinent Nondiscrimination Acts and Authorities
During the performance of this contract, the Contractor, for itself, its assignees, and successors
in interest (hereinafter referred to as the “Contractor”) agrees to comply with the following non-
discrimination statutes and authorities; including but not limited to:
• Title VI of the Civil Rights Act of 1964 (42 USC § 2000d et seq., 78 stat. 252) (prohibits
discrimination on the basis of race, color, national origin);
• 49 CFR part 21 (Non-discrimination in Federally-Assisted programs of the Department of
Transportation—Effectuation of Title VI of the Civil Rights Act of 1964);
• The Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, (42
USC § 4601) (prohibits unfair treatment of persons displaced or whose property has been
acquired because of Federal or Federal-aid programs and projects);
• Section 504 of the Rehabilitation Act of 1973 (29 USC § 794 et seq.), as amended (prohibits
discrimination on the basis of disability); and 49 CFR part 27 (Nondiscrimination on the Basis of
Disability in Programs or Activities Receiving Federal Financial Assistance);
• The Age Discrimination Act of 1975, as amended (42 USC § 6101 et seq.) (prohibits
discrimination on the basis of age);
• Airport and Airway Improvement Act of 1982 (49 USC § 47123), as amended (prohibits
discrimination based on race, creed, color, national origin, or sex);
• The Civil Rights Restoration Act of 1987 (PL 100-259) (broadened the scope, coverage and
applicability of Title VI of the Civil Rights Act of 1964, the Age Discrimination Act of 1975 and
Section 504 of the Rehabilitation Act of 1973, by expanding the definition of the terms
“programs or activities” to include all of the programs or activities of the Federal-aid recipients,
sub-recipients and contractors, whether such programs or activities are Federally funded or
not);
• Titles II and III of the Americans with Disabilities Act of 1990 (42 USC § 12101, et seq)
(prohibit discrimination on the basis of disability in the operation of public entities, public and
private transportation systems, places of public accommodation, and certain testing entities) as
implemented by U.S. Department of Transportation regulations at 49 CFR parts 37 and 38;
• The Federal Aviation Administration’s Nondiscrimination statute (49 USC § 47123) (prohibits
discrimination on the basis of race, color, national origin, and sex);
• Executive Order 12898, Federal Actions to Address Environmental Justice in Minority
Populations and Low-Income Populations (ensures nondiscrimination against minority
populations by discouraging programs, policies, and activities with disproportionately high and
adverse human health or environmental effects on minority and low-income populations);
• Executive Order 13166, Improving Access to Services for Persons with Limited English
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Proficiency, and resulting agency guidance, national origin discrimination includes discrimination
because of limited English proficiency (LEP). To ensure compliance with Title VI, you must take
reasonable steps to ensure that LEP persons have meaningful access to your programs [70
Fed. Reg. 74087 (2005)];
• Title IX of the Education Amendments of 1972, as amended, which prohibits you from
discriminating because of sex in education programs or activities (20 USC § 1681, et seq).
Compliance with Nondiscrimination Requirements:
During the performance of this contract, the Contractor, for itself, its assignees, and successors
in interest (hereinafter referred to as the “Contractor”), agrees as follows:
1. Compliance with Regulations: The Contractor (hereinafter includes consultants) will
comply with the Title VI List of Pertinent Nondiscrimination Acts and Authorities, as they
may be amended from time to time, which are herein incorporated by reference and made
a part of this contract.
2. Nondiscrimination: The Contractor, with regard to the work performed by it during the
contract, will not discriminate on the grounds of race, color, national origin (including limited
English proficiency), creed, sex (including sexual orientation and gender identity), age, or
disability in the selection and retention of subcontractors, including procurements of
materials and leases of equipment. The Contractor will not participate directly or indirectly
in the discrimination prohibited by the Nondiscrimination Acts and Authorities, including
employment practices when the contract covers any activity, project, or program set forth in
Appendix B of 49 CFR part 21.
3. Solicitations for Subcontracts, including Procurements of Materials and Equipment:
In all solicitations, either by competitive bidding or negotiation made by the Contractor for
work to be performed under a subcontract, including procurements of materials, or leases
of equipment, each potential subcontractor or supplier will be notified by the Contractor of
the Contractor’s obligations under this contract and the Nondiscrimination Acts and
Authorities on the grounds of race, color, or national origin.
4. Information and Reports: The Contractor will provide all information and reports required
by the Acts, the Regulations, and directives issued pursuant thereto and will permit access
to its books, records, accounts, other sources of information, and its facilities as may be
determined by the City or the Federal Aviation Administration to be pertinent to ascertain
compliance with such Nondiscrimination Acts and Authorities and instructions. Where any
information required of a Contractor is in the exclusive possession of another who fails or
refuses to furnish the information, the Contractor will so certify to the City or the Federal
Aviation Administration, as appropriate, and will set forth what efforts it has made to obtain
the information.
5. Sanctions for Noncompliance: In the event of a Contractor’s noncompliance with the
non-discrimination provisions of this contract, the City will impose such contract sanctions
as it or the Federal Aviation Administration may determine to be appropriate, including, but
not limited to:
a. Withholding payments to the Contractor under the contract until the Contractor
complies; and/or
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b. Cancelling, terminating, or suspending a contract, in whole or in part.
6. Incorporation of Provisions: The Contractor will include the provisions of paragraphs
one through six in every subcontract, including procurements of materials and leases of
equipment, unless exempt by the Acts, the Regulations, and directives issued pursuant
thereto. The Contractor will take action with respect to any subcontract or procurement as
the City or the Federal Aviation Administration may direct as a means of enforcing such
provisions including sanctions for noncompliance. Provided, that if the Contractor becomes
involved in, or is threatened with litigation by a subcontractor, or supplier because of such
direction, the Contractor may request the City to enter into any litigation to protect the
interests of the City. In addition, the Contractor may request the United States to enter into
the litigation to protect the interests of the United States.
Reference: 49 USC § 47123, FAA Order 1400.11
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FAA – 07 Clean Air/Water Pollution Control
APPLICABILITY – This provision is required for all contracts and lower tier contracts that
exceed $150,000.
REQUIREMENT -
If the Agreement exceeds $150,000, Contractor agrees to comply with all applicable standards,
orders, and regulations issued pursuant to the Clean Air Act (42 USC § 7401-7671q) and the
Federal Water Pollution Control Act as amended (33 USC § 1251-1387). The Contractor agrees
to report any violation to the City immediately upon discovery. The City assumes responsibility
for notifying the Environmental Protection Agency (EPA) and the Federal Aviation
Administration.
Contractor must include this requirement in all subcontracts that exceeds $150,000.
Reference: 2 CFR § 200, Appendix II(G); 42 USC § 7401; 33 USC § 1251
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FAA – 08 Contract Work Hours and Safety Standards
APPLICABILITY – This provision is required for contracts as follows:
Contract Work Hours and Safety Standards Act Requirements (CWHSSA) (40 USC §§ 3702 &
3704) requires contractors and subcontractors on covered contracts to pay laborers and
mechanics employed in the performance of the contracts not less than one and one-half times
their basic rate of pay for all hours worked over 40 in a workweek. CWHSSA prohibits
unsanitary, hazardous, or dangerous working conditions on federally-assisted projects. The
Wage and Hour Division (WHD) within the U.S. Department of Labor (DOL) enforces the
compensation requirements of this Act, while DOL’s Occupational Safety and Health
Administration (OSHA) enforces the safety and health requirements.
Contract Types –
Construction – This provision applies to all contracts and lower tier contracts that
exceed $100,000, and employ laborers, mechanics, watchmen, and guards.
Equipment – This provision applies to any equipment project exceeding $100,000 that
involves installation of equipment onsite (e.g., electrical vault equipment). This provision
does not apply to equipment acquisition projects where the manufacture of the
equipment takes place offsite at the vendor plant (e.g., ARFF and SRE vehicles).
Professional Services – This provision applies to professional service agreements that
exceed $100,000 and employs laborers, mechanics, watchmen, and guards. This
includes members of survey crews and exploratory drilling operations.
Property – While most land transactions do not involve employment of laborers,
mechanics, watchmen, and guards, under certain circumstances, a property acquisition
project could require such employment. Examples include the installation of property
fencing or testing for environmental contamination
CONTRACT WORKHOURS AND SAFETY STANDARDS ACT REQUIREMENTS
1. Overtime Requirements.
No contractor or subcontractor contracting for any part of the contract work which may
require or involve the employment of laborers or mechanics shall require or permit any
such laborer or mechanic, including watchmen and guards, in any workweek in which he
or she is employed on such work to work in excess of forty hours in such workweek
unless such laborer or mechanic receives compensation at a rate not less than one and
one-half times the basic rate of pay for all hours worked in excess of forty hours in such
workweek.
2. Violation; Liability for Unpaid Wages; Liquidated Damages.
In the event of any violation of the clause set forth in paragraph (1) of this clause, the
Contractor and any subcontractor responsible therefor shall be liable for the unpaid
wages. In addition, such contractor and subcontractor shall be liable to the United States
(in the case of work done under contract for the District of Columbia or a territory, to
such District or to such territory), for liquidated damages. Such liquidated damages shall
be computed with respect to each individual laborer or mechanic, including watchmen
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and guards, employed in violation of the clause set forth in paragraph (1) of this clause,
in the sum of $29 for each calendar day on which such individual was required or
permitted to work in excess of the standard workweek of forty hours without payment of
the overtime wages required by the clause set forth in paragraph (1) of this clause.
3. Withholding for Unpaid Wages and Liquidated Damages.
The Federal Aviation Administration (FAA) or the City shall upon its own action or upon
written request of an authorized representative of the Department of Labor withhold or
cause to be withheld, from any moneys payable on account of work performed by the
Contractor or subcontractor under any such contract or any other Federal contract with
the same prime Contractor, or any other federally-assisted contract subject to the
Contract Work Hours and Safety Standards Act, which is held by the same prime
Contractor, such sums as may be determined to be necessary to satisfy any liabilities of
such Contractor or subcontractor for unpaid wages and liquidated damages as provided
in the clause set forth in paragraph (2) of this clause.
4. Subcontractors.
The Contractor or subcontractor shall insert in any subcontracts the clauses set forth in
paragraphs (1) through (4) and also a clause requiring the subcontractor to include these
clauses in any lower tier subcontracts. The prime contractor shall be responsible for
compliance by any subcontractor or lower tier subcontractor with the clauses set forth in
paragraphs (1) through (4) of this clause.
Reference: 2 CFR Part 200, Appendix II(E); 2 CFR § 5.5(b); 40 USC § 3702; 40 USC § 3704
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FAA – 09 Copeland Anti-Kickback
APPLICABILITY -
The Copeland (Anti-Kickback) Act (18 USC § 874 and 40 USC § 3145) makes it unlawful to
induce by force, intimidation, threat of dismissal from employment, or by any other manner, any
person employed in the construction or repair of public buildings or public works, financed in
whole or in part by the United States, to give up any part of the compensation to which that
person is entitled under a contract of employment. The Copeland Act also requires each
contractor and subcontractor to furnish weekly a statement of compliance with respect to the
wages paid each employee during the preceding week.
Contract Types –
Construction – This provision applies to all construction contracts and subcontracts
financed under the AIP that exceed $2,000.
Equipment – This provision applies to all equipment installation projects (e.g., electrical
vault improvements) financed under the AIP that exceed $2,000. This provision does
not apply to equipment acquisitions where the equipment is manufactured at the
vendor’s plant (e.g., SRE and ARFF vehicles).
Professional Services –The emergence of different project delivery methods has
created situations where Professional Service Agreements (PSAs) include tasks that
meet the definition of construction, alteration, or repair as defined in 29 CFR Part 5. If
such tasks result in work that qualifies as construction, alteration, or repair and it
exceeds $2,000, the PSA must incorporate the Copeland Anti-kickback provision.
Property –Ordinarily, land acquisition projects would not involve employment of laborers
or mechanics and thus the Copeland Anti-Kickback provision would not apply. However,
land projects that involve installation of boundary fencing and demolition of structures
would involve laborers and mechanics. The City must include this provision if the land
acquisition project involves employment of laborers or mechanics for a contract
exceeding $2,000.
REQUIREMENT -
Contractor must comply with the requirements of the Copeland “Anti-Kickback” Act (18 USC 874
and 40 USC 3145), as supplemented by Department of Labor regulation 29 CFR part 3.
Contractor and subcontractors are prohibited from inducing, by any means, any person
employed on the project to give up any part of the compensation to which the employee is
entitled. The Contractor and each Subcontractor must submit to the City, a weekly statement
on the wages paid to each employee performing on covered work during the prior week. City
must report any violations of the Act to the Federal Aviation Administration.
Reference: 2 CFR Part 200, Appendix II(D); 29 CFR Parts 3 and 5
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FAA – 10 Davis Bacon Requirements
APPLICABILITY -
The Davis-Bacon Act (40 USC §§ 3141-3144, 3146, and 3147) ensures that laborers and
mechanics employed under the contract receive pay no less than the locally prevailing wages
and fringe benefits as determined by the Department of Labor.
Contract Types –
Construction –all construction contracts and subcontracts that exceed $2,000 and include
funding from the AIP.
Equipment – This provision applies to all equipment installation projects (e.g., electrical vault
improvements) financed under the AIP that exceed $ 2,000. This provision does not apply to
equipment acquisitions where the equipment is manufactured at the vendor’s plant (e.g., SRE
and ARFF vehicles)
Professional Services – The emergence of different project delivery methods has created
situations where Professional Service Agreements (PSAs) includes tasks that meet the
definition of construction, alteration, or repair as defined in 29 CFR Part 5. If such tasks result in
work that qualifies as construction, alteration, or repair and it exceeds $2,000, the PSA must
incorporate this clause.
Property – Ordinarily, land acquisition projects would not involve employment of laborers or
mechanics and thus the provision would not apply. However, land projects that involve
installation of boundary fencing and demolition of structures would involve laborers and
mechanics. The City must include this provision if the land acquisition project involves
employment of laborers or mechanics for a contract exceeding $2,000.
Fencing Projects – Fencing projects that exceed $2,000 must include this provision.
DAVIS-BACON REQUIREMENTS
1. Minimum Wages.
(i) All laborers and mechanics employed or working upon the site of the work will be paid
unconditionally and not less often than once a week, and without subsequent deduction or
rebate on any account (except such payroll deductions as are permitted by the Secretary of
Labor under the Copeland Act (29 CFR Part 3)), the full amount of wages and bona fide fringe
benefits (or cash equivalent thereof) due at time of payment computed at rates not less than
those contained in the wage determination of the Secretary of Labor which is attached hereto
and made a part hereof, regardless of any contractual relationship which may be alleged to exist
between the Contractor and such laborers and mechanics.
Contributions made or costs reasonably anticipated for bona fide fringe benefits under section
1(b)(2) of the Davis-Bacon Act on behalf of laborers or mechanics are considered wages paid to
such laborers or mechanics, subject to the provisions of paragraph (1)(iv) of this section; also,
regular contributions made or costs incurred for more than a weekly period (but not less often
than quarterly) under plans, funds, or programs which cover the particular weekly period, are
deemed to be constructively made or incurred during such weekly period. Such laborers and
mechanics shall be paid the appropriate wage rate and fringe benefits on the wage
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determination for the classification of work actually performed, without regard to skill, except as
provided in 29 CFR § 5.5(a)(4). Laborers or mechanics performing work in more than one
classification may be compensated at the rate specified for each classification for the time
actually worked therein: Provided, that the employer’s payroll records accurately set forth the
time spent in each classification in which work is performed. The wage determination (including
any additional classification and wage rates conformed under (1)(ii) of this section) and the
Davis-Bacon poster (WH-1321) shall be posted at all times by the Contractor and its
subcontractors at the site of the work in a prominent and accessible place where it can easily be
seen by the workers.
(ii)(A) The contracting officer shall require that any class of laborers or mechanics, including
helpers, which is not listed in the wage determination and which is to be employed under the
contract shall be classified in conformance with the wage determination. The contracting officer
shall approve an additional classification and wage rate and fringe benefits therefore only when
the following criteria have been met:
(1) The work to be performed by the classification requested is not performed by a classification
in the wage determination;
(2) The classification is utilized in the area by the construction industry; and
(3) The proposed wage rate, including any bona fide fringe benefits, bears a reasonable
relationship to the wage rates contained in the wage determination.
(B) If the Contractor and the laborers and mechanics to be employed in the classification (if
known), or their representatives, and the contracting officer agree on the classification and wage
rate (including the amount designated for fringe benefits where appropriate), a report of the
action taken shall be sent by the contracting officer to the Administrator of the Wage and Hour
Division, U.S. Department of Labor, Washington, DC 20210. The Administrator, or an
authorized representative, will approve, modify, or disapprove every additional classification
action within 30 days of receipt and so advise the contracting officer or will notify the contracting
officer within the 30-day period that additional time is necessary.
(C) In the event the Contractor, the laborers, or mechanics to be employed in the classification,
or their representatives, and the contracting officer do not agree on the proposed classification
and wage rate (including the amount designated for fringe benefits, where appropriate), the
contracting officer shall refer the questions, including the views of all interested parties and the
recommendation of the contracting officer, to the Administrator for determination. The
Administrator, or an authorized representative, will issue a determination within 30 days of
receipt and so advise the contracting officer or will notify the contracting officer within the 30-day
period that additional time is necessary.
(D) The wage rate (including fringe benefits where appropriate) determined pursuant to
subparagraphs (1)(ii) (B) or (C) of this paragraph, shall be paid to all workers performing work in
the classification under this contract from the first day on which work is performed in the
classification.
(iii) Whenever the minimum wage rate prescribed in the contract for a class of laborers or
mechanics includes a fringe benefit which is not expressed as an hourly rate, the contractor
shall either pay the benefit as stated in the wage determination or shall pay another bona fide
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fringe benefit or an hourly cash equivalent thereof.
(iv) If the Contractor does not make payments to a trustee or other third person, the Contractor
may consider as part of the wages of any laborer or mechanic the amount of any costs
reasonably anticipated in providing bona fide fringe benefits under a plan or program, Provided,
that the Secretary of Labor has found, upon the written request of the Contractor, that the
applicable standards of the Davis-Bacon Act have been met. The Secretary of Labor may
require the Contractor to set aside in a separate account assets for the meeting of obligations
under the plan or program.
2. Withholding. The Federal Aviation Administration or the CIty shall upon its own action or upon
written request of an authorized representative of the Department of Labor withhold or cause to
be withheld from the Contractor under this contract or any other Federal contract with the same
prime contractor, or any other federally-assisted contract subject to Davis-Bacon prevailing
wage requirements, which is held by the same prime contractor, so much of the accrued
payments or advances as may be considered necessary to pay laborers and mechanics,
including apprentices, trainees, and helpers, employed by the Contractor or any subcontractor
the full amount of wages required by the contract. In the event of failure to pay any laborer or
mechanic, including any apprentice, trainee, or helper, employed or working on the site of the
work, all or part of the wages required by the contract, the Federal Aviation Administration may,
after written notice to the Contractor, City, Applicant, or Owner, take such action as may be
necessary to cause the suspension of any further payment, advance, or guarantee of funds until
such violations have ceased.
3. Payrolls and Basic Records.
(i) Payrolls and basic records relating thereto shall be maintained by the Contractor during the
course of the work and preserved for a period of three years thereafter for all laborers and
mechanics working at the site of the work. Such records shall contain the name, address, and
social security number of each such worker; his or her correct classification; hourly rates of
wages paid (including rates of contributions or costs anticipated for bona fide fringe benefits or
cash equivalents thereof of the types described in 1(b)(2)(B) of the Davis-Bacon Act); daily and
weekly number of hours worked; deductions made; and actual wages paid. Whenever the
Secretary of Labor has found under 29 CFR 5.5(a)(1)(iv) that the wages of any laborer or
mechanic include the amount of any costs reasonably anticipated in providing benefits under a
plan or program described in section 1(b)(2)(B) of the Davis-Bacon Act, the Contractor shall
maintain records that show that the commitment to provide such benefits is enforceable, that the
plan or program is financially responsible, and that the plan or program has been communicated
in writing to the laborers or mechanics affected, and records which show the costs anticipated or
the actual costs incurred in providing such benefits. Contractors employing apprentices or
trainees under approved programs shall maintain written evidence of the registration of
apprenticeship programs and certification of trainee programs, the registration of the
apprentices and trainees, and the ratios and wage rates prescribed in the applicable programs.
(ii)(A) The Contractor shall submit weekly for each week in which any contract work is
performed a copy of all payrolls to the Federal Aviation Administration if the agency is a party to
the contract, but if the agency is not such a party, the Contractor will submit the payrolls to the
applicant, the City, or Owner, as the case may be, for transmission to the Federal Aviation
Administration. The payrolls submitted shall set out accurately and completely all of the
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information required to be maintained under 29 CFR § 5.5(a)(3)(i), except that full social security
numbers and home addresses shall not be included on weekly transmittals. Instead the payrolls
shall only need to include an individually identifying number for each employee (e.g., the last
four digits of the employee’s social security number). The required weekly payroll information
may be submitted in any form desired. Optional Form WH–347 is available for this purpose from
the Wage and Hour Division Web site at https://www.dol.gov/agencies/whd/government-
contracts/construction/payroll-certification or its successor site. The prime contractor is
responsible for the submission of copies of payrolls by all subcontractors. Contractors and
subcontractors shall maintain the full social security number and current address of each
covered worker and shall provide them upon request to the Federal Aviation Administration if
the agency is a party to the contract, but if the agency is not such a party, the Contractor will
submit them to the applicant, the City, or Owner, as the case may be, for transmission to the
Federal Aviation Administration, the Contractor, or the Wage and Hour Division of the
Department of Labor for purposes of an investigation or audit of compliance with prevailing
wage requirements. It is not a violation of this section for a prime contractor to require a
subcontractor to provide addresses and social security numbers to the prime contractor for its
own records, without weekly submission to the sponsoring government agency (or the applicant,
City, or Owner).
(B) Each payroll submitted shall be accompanied by a "Statement of Compliance," signed by
the Contractor or subcontractor or his or her agent who pays or supervises the payment of the
persons employed under the contract and shall certify the following:
(1) That the payroll for the payroll period contains the information required to be provided under
29 CFR § 5.5(a)(3)(ii), the appropriate information is being maintained under 29 CFR § 5.5
(a)(3)(i), and that such information is correct and complete;
(2) That each laborer and mechanic (including each helper, apprentice, and trainee) employed
on the contract during the payroll period has been paid the full weekly wages earned, without
rebate, either directly or indirectly, and that no deductions have been made either directly or
indirectly from the full wages earned, other than permissible deductions as set forth in
Regulations, 29 CFR Part 3;
(3) That each laborer or mechanic has been paid not less than the applicable wage rates and
fringe benefits or cash equivalents for the classification of work performed, as specified in the
applicable wage determination incorporated into the contract.
(C) The weekly submission of a properly executed certification set forth on the reverse side of
Optional Form WH-347 shall satisfy the requirement for submission of the “Statement of
Compliance” required by paragraph (3)(ii)(B) of this section.
(D) The falsification of any of the above certifications may subject the Contractor or
subcontractor to civil or criminal prosecution under Section 1001 of Title 18 and Section 231 of
Title 31 of the United States Code.
(iii) The Contractor or subcontractor shall make the records required under paragraph (3)(i) of
this section available for inspection, copying, or transcription by authorized representatives of
the City, the Federal Aviation Administration, or the Department of Labor and shall permit such
representatives to interview employees during working hours on the job. If the Contractor or
subcontractor fails to submit the required records or to make them available, the Federal agency
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may, after written notice to the Contractor, the City, applicant, or Owner, take such action as
may be necessary to cause the suspension of any further payment, advance, or guarantee of
funds. Furthermore, failure to submit the required records upon request or to make such records
available may be grounds for debarment action pursuant to 29 CFR § 5.12.
4. Apprentices and Trainees.
(i) Apprentices. Apprentices will be permitted to work at less than the predetermined rate for the
work they performed when they are employed pursuant to and individually registered in a bona
fide apprenticeship program registered with the U.S. Department of Labor, Employment and
Training Administration, Office of Apprenticeship Training, Employer and Labor Services, or with
a State Apprenticeship Agency recognized by the Office, or if a person is employed in his or her
first 90 days of probationary employment as an apprentice in such an apprenticeship program,
who is not individually registered in the program, but who has been certified by the Office of
Apprenticeship Training, Employer and Labor Services or a State Apprenticeship Agency
(where appropriate) to be eligible for probationary employment as an apprentice. The allowable
ratio of apprentices to journeymen on the job site in any craft classification shall not be greater
than the ratio permitted to the contractor as to the entire work force under the registered
program. Any worker listed on a payroll at an apprentice wage rate, who is not registered or
otherwise employed as stated above, shall be paid not less than the applicable wage rate on the
wage determination for the classification of work actually performed. In addition, any apprentice
performing work on the job site in excess of the ratio permitted under the registered program
shall be paid not less than the applicable wage rate on the wage determination for the work
actually performed. Where a contractor is performing construction on a project in a locality other
than that in which its program is registered, the ratios and wage rates (expressed in
percentages of the journeyman’s hourly rate) specified in the Contractor’s or subcontractor’s
registered program shall be observed. Every apprentice must be paid at not less than the rate
specified in the registered program for the apprentice’s level of progress, expressed as a
percentage of the journeymen hourly rate specified in the applicable wage determination.
Apprentices shall be paid fringe benefits in accordance with the provisions of the apprenticeship
program. If the apprenticeship program does not specify fringe benefits, apprentices must be
paid the full amount of fringe benefits listed on the wage determination for the applicable
classification. If the Administrator determines that a different practice prevails for the applicable
apprentice classification, fringes shall be paid in accordance with that determination. In the
event the Office of Apprenticeship Training, Employer and Labor Services, or a State
Apprenticeship Agency recognized by the Office, withdraws approval of an apprenticeship
program, the Contractor will no longer be permitted to utilize apprentices at less than the
applicable predetermined rate for the work performed until an acceptable program is approved.
(ii) Trainees. Except as provided in 29 CFR § 5.16, trainees will not be permitted to work at less
than the predetermined rate for the work performed unless they are employed pursuant to and
individually registered in a program which has received prior approval, evidenced by formal
certification by the U.S. Department of Labor, Employment and Training Administration. The
ratio of trainees to journeymen on the job site shall not be greater than permitted under the plan
approved by the Employment and Training Administration. Every trainee must be paid at not
less than the rate specified in the approved program for the trainee’s level of progress,
expressed as a percentage of the journeyman hourly rate specified in the applicable wage
determination. Trainees shall be paid fringe benefits in accordance with the provisions of the
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trainee program. If the trainee program does not mention fringe benefits, trainees shall be paid
the full amount of fringe benefits listed on the wage determination unless the Administrator of
the Wage and Hour Division determines that there is an apprenticeship program associated with
the corresponding journeyman wage rate on the wage determination that provides for less than
full fringe benefits for apprentices. Any employee listed on the payroll at a trainee rate that is
not registered and participating in a training plan approved by the Employment and Training
Administration shall be paid not less than the applicable wage rate on the wage determination
for the classification of work actually performed. In addition, any trainee performing work on the
job site in excess of the ratio permitted under the registered program shall be paid not less than
the applicable wage rate on the wage determination for the work actually performed. In the
event the Employment and Training Administration withdraws approval of a training program,
the Contractor will no longer be permitted to utilize trainees at less than the applicable
predetermined rate for the work performed until an acceptable program is approved.
(iii) Equal Employment Opportunity. The utilization of apprentices, trainees, and journeymen
under this part shall be in conformity with the equal employment opportunity requirements of
Executive Order 11246, as amended, and 29 CFR Part 30.
5. Compliance with Copeland Act Requirements.
The Contractor shall comply with the requirements of 29 CFR Part 3, which are incorporated by
reference in this contract.
6. Subcontracts.
The Contractor or subcontractor shall insert in any subcontracts the clauses contained in 29
CFR §§ 5.5(a)(1) through (10) and such other clauses as the Federal Aviation Administration
may by appropriate instructions require, and also a clause requiring the subcontractors to
include these clauses in any lower tier subcontracts. The prime contractor shall be responsible
for the compliance by any subcontractor or lower tier subcontractor with all the contract clauses
in 29 CFR § 5.5.
7. Contract Termination: Debarment.
A breach of the contract clauses in paragraph 1 through 10 of this section may be grounds for
termination of the contract, and for debarment as a contractor and a subcontractor as provided
in 29 CFR § 5.12.
8. Compliance with Davis-Bacon and Related Act Requirements.
All rulings and interpretations of the Davis-Bacon and Related Acts contained in 29 CFR Parts
1, 3, and 5 are herein incorporated by reference in this contract.
9. Disputes Concerning Labor Standards.
Disputes arising out of the labor standards provisions of this contract shall not be subject to the
general disputes clause of this contract. Such disputes shall be resolved in accordance with the
procedures of the Department of Labor set forth in 29 CFR Parts 5, 6, and 7. Disputes within the
meaning of this clause include disputes between the Contractor (or any of its subcontractors)
and the contracting agency, the U.S. Department of Labor, or the employees or their
representatives.
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10. Certification of Eligibility.
(i) By entering into this contract, the Contractor certifies that neither it (nor he or she) nor any
person or firm who has an interest in the Contractor’s firm is a person or firm ineligible to be
awarded Government contracts by virtue of section 3(a) of the Davis-Bacon Act or 29 CFR §
5.12(a)(1).
(ii) No part of this contract shall be subcontracted to any person or firm ineligible for award of a
Government contract by virtue of section 3(a) of the Davis-Bacon Act or 29 CFR § 5.12(a)(1).
(iii) The penalty for making false statements is prescribed in the U.S. Criminal Code, 18 USC §
1001.
Reference: 2 CFR Part 200, Appendix II(D); 29 CFR Part 5; 49 USC § 47112(b); 40 USC §§
3141-3144, 3146, and 3147
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FAA – 11 Debarment and Suspension
APPLICABILITY - This requirement applies to covered transactions, which are defined in 2
CFR part 180 (Subpart B). AIP funded contracts are non-procurement transactions, as defined
by 2 CFR § 180.970. Covered transactions include any AIP-funded contract, regardless of tier,
that is awarded by a contractor, subcontractor, supplier, consultant, or its agent or
representative in any transaction, if the amount of the contract is expected to equal or exceed
$25,000. This includes contracts associated with land acquisition projects.
REQUIREMENT -
A11.3.1 Bidder or Offeror Certification
By submitting a bid/proposal under the solicitation for this contract, the Contractor must have
certified that neither it nor its principals are presently debarred or suspended by any Federal
department or agency from participation in this transaction.
A11.3.2 Lower Tier Contract Certification
CERTIFICATION OF LOWER TIER CONTRACTORS REGARDING DEBARMENT
The Contractor, by administering each lower tier subcontract that exceeds $25,000 as a
“covered transaction”, must verify each lower tier participant of a “covered transaction” under
the project is not presently debarred or otherwise disqualified from participation in this federally
assisted project. The Contractor will accomplish this by:
1. Checking the System for Award Management at website: http://www.sam.gov.
2. Collecting a certification statement similar to the Certification of Offerer /Bidder Regarding
Debarment, above.
3. Inserting a clause or condition in the covered transaction with the lower tier contract.
If the Federal Aviation Administration later determines that a lower tier participant failed to
disclose to a higher tier participant that it was excluded or disqualified at the time it entered the
covered transaction, the FAA may pursue any available remedies, including suspension and
debarment of the non-compliant participant.
Reference: 2 CFR part 180 (Subpart B), 2 CFR part 200 Appendix II(H), 2 CFR Part 1200, DOT
Order 4200.5; Executive Orders 12549 and 12689
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FAA – 12 Disadvantaged Business Enterprise
APPLICABILITY – all contracts with Airports that have a DBE program on file with the FAA.
Contract Assurance (§ 26.13) –
The Contractor 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 CFR part 26 in the award and administration of Department of
Transportation-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 City deems appropriate, which may include, but is not limited to:
1) Withholding monthly progress payments;
2) Assessing sanctions;
3) Liquidated damages; and/or
4) Disqualifying the Contractor from future bidding as non-responsible.
Prompt Payment (§26.29) – The prime contractor agrees to pay each subcontractor under this
prime contract for satisfactory performance of its contract no later than [10 days] days from the
receipt of each payment the prime contractor receives from [the City]. The prime contractor
agrees further to return retainage payments to each subcontractor within [30 days] days after
the subcontractor’s work is satisfactorily completed. Any delay or postponement of payment
from the above referenced time frame may occur only for good cause following written approval
of the [City]. This clause applies to both DBE and non-DBE subcontractors.
Termination of DBE Subcontracts (49 CFR § 26.53(f)) –
The prime Contractor must not terminate a DBE subcontractor listed in response to the
solicitation (or an approved substitute DBE firm) without prior written consent of the City. This
includes, but is not limited to, instances in which the prime contractor seeks to perform work
originally designated for a DBE subcontractor with its own forces or those of an affiliate, a non-
DBE firm, or with another DBE firm.
The prime Contractor shall utilize the specific DBEs listed to perform the work and supply the
materials for which each is listed unless the Contractor obtains written consent of the City.
Unless City consent is provided, the prime Contractor shall not be entitled to any payment for
work or material unless it is performed or supplied by the listed DBE.
The City may provide such written consent only if the City agrees, for reasons stated in the
concurrence document, that the prime Contractor has good cause to terminate the DBE firm.
For purposes of this paragraph, good cause includes the circumstances listed in 49 CFR
§26.53.
Before transmitting to the City its request to terminate and/or substitute a DBE subcontractor,
the prime Contractor must give notice in writing to the DBE subcontractor, with a copy to the
City, of its intent to request to terminate and/or substitute, and the reason for the request.
The prime contractor must give the DBE five days to respond to the prime contractor's notice
and advise the City and the Contractor of the reasons, if any, why it objects to the proposed
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termination of its subcontract and why the City should not approve the prime Contractor's action.
If required in a particular case as a matter of public necessity (e.g., safety), the City may provide
a response period shorter than five days.
In addition to post-award terminations, the provisions of this section apply to preaward deletions
of or substitutions for DBE firms put forward by offerors in negotiated procurements.
Reference: 49 CFR part 26
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FAA – 13 Distracted Driving
APPLICABILITY - contracts that exceed the micro-purchase threshold of 2 CFR § 200.320
(currently set at $10,000).
REQUIREMENT -
TEXTING WHEN DRIVING
In accordance with Executive Order 13513, “Federal Leadership on Reducing Text Messaging
While Driving”, (10/1/2009) and DOT Order 3902.10, “Text Messaging While Driving”,
(12/30/2009), the Federal Aviation Administration encourages recipients of Federal grant funds
to adopt and enforce safety policies that decrease crashes by distracted drivers, including
policies to ban text messaging while driving when performing work related to a grant or
subgrant.
In support of this initiative, the City encourages the Contractor to promote policies and initiatives
for its employees and other work personnel that decrease crashes by distracted drivers,
including policies that ban text messaging while driving motor vehicles while performing work
activities associated with the project. The Contractor must include the substance of this clause
in all sub-tier contracts exceeding $10,000 that involve driving a motor vehicle in performance of
work activities associated with the project.
Reference: Executive Order 13513, DOT Order 3902.10
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FAA – 14 Prohibition on Certain Telecommunications and Video Surveillance Services
and Equipment
APPLICABILITY - all AIP funded contracts and lower-tier contracts.
REQUIREMENT -
Contractor and Subcontractor agree to comply with mandatory standards and policies relating to
use and procurement of certain telecommunications and video surveillance services or
equipment in compliance with the National Defense Authorization Act [Public Law 115-232 §
889(f)(1)].
Reference: 2 CFR § 200, Appendix II(K); 2 CFR § 200.216
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FAA – 15 Drug Free Workplace Requirements
APPLICABILITY - This provision applies to all AIP funded projects, but not to the contracts
between the City and a contractor, subcontractors, suppliers, or subgrantees.
The Drug-Free Workplace Act of 1988 requires some Federal contractors and all Federal
grantees to agree that they will provide drug-free workplaces as a condition of receiving a
contract or grant from a Federal agency. The Act does not apply to contractors, subcontractors,
or subgrantees, although the Federal grantees workplace may be where the contractors,
subcontractors, or subgrantees are working.
Reference: 49 CFR part 32, Drug-Free Workplace Act of 1988 (41 U.S.C. 701 et seq., as
amended)
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FAA – 16 Equal Employment Opportunity
APPLICABILITY – The purpose of this provision is to provide equal opportunity for all persons,
without regard to race, color, religion, sex, or national origin who are employed or seeking
employment with contractors performing under a federally-assisted construction contract. There
are two provisions ― a construction clause and a specification clause.
The equal opportunity contract clause applies to any contract or subcontract when the amount
exceeds $10,000. Once the equal opportunity clause is determined to be applicable, the
contract or subcontract must include the clause for the remainder of the year, regardless of the
amount or the contract.
Contract Types –
Construction – all construction contracts and subcontracts as required above.
Equipment – all equipment contracts as required above that involves installation of equipment
onsite (e.g., electrical vault equipment). This provision does not apply to equipment acquisition
projects where the manufacture of the equipment takes place offsite at the vendor plant (e.g.,
ARFF and SRE vehicles).
Professional Services – all professional service agreements as required above.
Property – all land acquisition projects that include work that qualifies as construction work as
defined by 41 CFR part 60 as required above. An example is installation of boundary fencing.
REQUIREMENT -
A16.3.1 EEO Contract Clause
During the performance of this contract, the Contractor agrees as follows:
(1) The Contractor will not discriminate against any employee or applicant for employment
because of race, color, religion, sex, sexual orientation, gender identity, or national origin.
The Contractor will take affirmative action to ensure that applicants are employed, and that
employees are treated during employment, without regard to their race, color, religion, sex,
sexual orientation, gender identify, or national origin. Such action shall include, but not be
limited to, the following: employment, upgrading, demotion, or transfer; recruitment or
recruitment advertising; layoff, or termination; rates of pay or other forms of compensation;
and selection for training, including apprenticeship. The Contractor agrees to post in
conspicuous places, available to employees and applicants for employment, notices to be
provided setting forth the provisions of this nondiscrimination clause.
(2) The Contractor will, in all solicitations or advertisements for employees placed by or on
behalf of the Contractor, state that all qualified applicants will receive consideration for
employment without regard to race, color, religion, sex, sexual orientation, gender identity,
or national origin.
(3) The contractor will not discharge or in any other manner discriminate against any employee
or applicant for employment because such employee or applicant has inquired about,
discussed, or disclosed the compensation of the employee or applicant or another employee
or applicant. This provision shall not apply to instances in which an employee who has
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access to the compensation information of other employees or applicants as a part of such
employee's essential job functions discloses the compensation of such other employees or
applicants to individuals who do not otherwise have access to such information, unless such
disclosure is in response to a formal complaint or charge, in furtherance of an investigation,
proceeding, hearing, or action, including an investigation conducted by the employer, or is
consistent with the contractor's legal duty to furnish information.
(4) The Contractor will send to each labor union or representative of workers with which it has a
collective bargaining agreement or other contract or understanding, a notice to be provided
by the agency contracting officer, advising the labor union or workers’ representative of the
Contractor’s commitments under this section 202 of Executive Order 11246 of September
24, 1965, and shall post copies of the notice in conspicuous places available to employees
and applicants for employment.
(5) The Contractor will comply with all provisions of Executive Order 11246 of September 24,
1965, and of the rules, regulations, and relevant orders of the Secretary of Labor.
(6) The Contractor will furnish all information and reports required by Executive Order 11246 of
September 24, 1965, and by the rules, regulations, and orders of the Secretary of Labor, or
pursuant thereto, and will permit access to his books, records, and accounts by the
contracting agency and the Secretary of Labor for purposes of investigation to ascertain
compliance with such rules, regulations, and orders.
(7) In the event of the Contractor’s noncompliance with the nondiscrimination clauses of this
contract or with any such rules, regulations, or orders, this contract may be canceled,
terminated, or suspended in whole or in part and the Contractor may be declared ineligible
for further Government contracts in accordance with procedures authorized in Executive
Order 11246 of September 24, 1965, and such other sanctions may be imposed and
remedies invoked as provided in Executive Order 11246 of September 24, 1965, or by rule,
regulation, or order of the Secretary of Labor, or as otherwise provided by law.
(8) The Contractor will include the provisions of paragraphs (1) through (8) in every subcontract
or purchase order unless exempted by rules, regulations, or orders of the Secretary of Labor
issued pursuant to section 204 of Executive Order 11246 of September 24, 1965, so that
such provisions will be binding upon each subcontractor or vendor. The Contractor will take
such action with respect to any subcontract or purchase order as may be directed by the
Secretary of Labor as a means of enforcing such provisions, including sanctions for
noncompliance: Provided, however, that in the event the contractor becomes involved in, or
is threatened with, litigation with a subcontractor or vendor as a result of such direction, the
Contractor may request the United States to enter into such litigation to protect the interests
of the United States.
A16.3.2 EEO Specification
STANDARD FEDERAL EQUAL EMPLOYMENT OPPORTUNITY
CONSTRUCTION CONTRACT SPECIFICATIONS
a. “Covered area” means the geographical area described in the solicitation from which this
contract resulted;
b. “Director” means Director, Office of Federal Contract Compliance Programs (OFCCP), U.S.
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Department of Labor, or any person to whom the Director delegates authority;
c. “Employer identification number” means the Federal social security number used on the
Employer’s Quarterly Federal Tax Return, U.S. Treasury Department Form 941;
d. “Minority” includes:
(1) Black (all persons having origins in any of the Black African racial groups not of Hispanic
origin);
(2) Hispanic (all persons of Mexican, Puerto Rican, Cuban, Central or South American, or
other Spanish culture or origin, regardless of race);
(3) Asian and Pacific Islander (all persons having origins in any of the original peoples of
the Far East, Southeast Asia, the Indian Subcontinent, or the Pacific Islands); and
(4) American Indian or Alaskan native (all persons having origins in any of the original
peoples of North America and maintaining identifiable tribal affiliations through
membership and participation or community identification).
2. Whenever the Contractor, or any subcontractor at any tier, subcontracts a portion of the
work involving any construction trade, it shall physically include in each subcontract in
excess of $10,000 the provisions of these specifications and the Notice which contains the
applicable goals for minority and female participation and which is set forth in the
solicitations from which this contract resulted.
3. If the Contractor is participating (pursuant to 41 CFR part 60-4.5) in a Hometown Plan
approved by the U.S. Department of Labor in the covered area either individually or through
an association, its affirmative action obligations on all work in the Plan area (including goals
and timetables) shall be in accordance with that Plan for those trades which have unions
participating in the Plan. Contractors must be able to demonstrate their participation in and
compliance with the provisions of any such Hometown Plan. Each contractor or
subcontractor participating in an approved plan is individually required to comply with its
obligations under the EEO clause and to make a good faith effort to achieve each goal
under the Plan in each trade in which it has employees. The overall good faith
performance by other contractors or subcontractors toward a goal in an approved Plan
does not excuse any covered contractor’s or subcontractor’s failure to take good faith
efforts to achieve the Plan goals and timetables.
4. The Contractor shall implement the specific affirmative action standards provided in
paragraphs 7a through 7p of these specifications. The goals set forth in the solicitation
from which this contract resulted are expressed as percentages of the total hours of
employment and training of minority and female utilization the Contractor should
reasonably be able to achieve in each construction trade in which it has employees in the
covered area. Covered construction contractors performing construction work in a
geographical areas where they do not have a Federal or federally assisted construction
contract shall apply the minority and female goals established for the geographical area
where the work is being performed. Goals are published periodically in the Federal
Register in notice form, and such notices may be obtained from any Office of Federal
Contract Compliance Programs office or from Federal procurement contracting officers.
The Contractor is expected to make substantially uniform progress in meeting its goals in
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each craft during the period specified.
5. Neither the provisions of any collective bargaining agreement, nor the failure by a union
with whom the Contractor has a collective bargaining agreement, to refer either minorities
or women shall excuse the Contractor’s obligations under these specifications, Executive
Order 11246, or the regulations promulgated pursuant thereto.
6. In order for the nonworking training hours of apprentices and trainees to be counted in
meeting the goals, such apprentices and trainees must be employed by the Contractor
during the training period, and the Contractor must have made a commitment to employ the
apprentices and trainees at the completion of their training, subject to the availability of
employment opportunities. Trainees must be trained pursuant to training programs
approved by the U.S. Department of Labor.
7. The Contractor shall take specific affirmative actions to ensure equal employment
opportunity. The evaluation of the Contractor’s compliance with these specifications shall
be based upon its effort to achieve maximum results from its actions. The Contractor shall
document these efforts fully, and shall implement affirmative action steps at least as
extensive as the following:
a. Ensure and maintain a working environment free of harassment, intimidation, and
coercion at all sites, and in all facilities at which the Contractor’s employees are
assigned to work. The Contractor, where possible, will assign two or more women to
each construction project. The Contractor shall specifically ensure that all foremen,
superintendents, and other onsite supervisory personnel are aware of and carry out
the Contractor’s obligation to maintain such a working environment, with specific
attention to minority or female individuals working at such sites or in such facilities.
b. Establish and maintain a current list of minority and female recruitment sources,
provide written notification to minority and female recruitment sources and to
community organizations when the Contractor or its unions have employment
opportunities available, and maintain a record of the organizations’ responses.
c. Maintain a current file of the names, addresses, and telephone numbers of each
minority and female off-the-street applicant and minority or female referral from a
union, a recruitment source, or community organization and of what action was taken
with respect to each such individual. If such individual was sent to the union hiring hall
for referral and was not referred back to the Contractor by the union or, if referred, not
employed by the Contractor, this shall be documented in the file with the reason
therefor, along with whatever additional actions the Contractor may have taken.
d. Provide immediate written notification to the Director when the union or unions with
which the Contractor has a collective bargaining agreement has not referred to the
Contractor a minority person or woman sent by the Contractor, or when the Contractor
has other information that the union referral process has impeded the Contractor’s
efforts to meet its obligations.
e. Develop on-the-job training opportunities and/or participate in training programs for the
area which expressly include minorities and women, including upgrading programs
and apprenticeship and trainee programs relevant to the Contractor’s employment
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needs, especially those programs funded or approved by the Department of Labor.
The Contractor shall provide notice of these programs to the sources compiled under
7b above.
f. Disseminate the Contractor’s EEO policy by providing notice of the policy to unions
and training programs and requesting their cooperation in assisting the Contractor in
meeting its EEO obligations; by including it in any policy manual and collective
bargaining agreement; by publicizing it in the company newspaper, annual report, etc.;
by specific review of the policy with all management personnel and with all minority
and female employees at least once a year; and by posting the company EEO policy
on bulletin boards accessible to all employees at each location where construction
work is performed.
g. Review, at least annually, the company’s EEO policy and affirmative action obligations
under these specifications with all employees having any responsibility for hiring,
assignment, layoff, termination, or other employment decisions including specific
review of these items with onsite supervisory personnel such superintendents, general
foremen, etc., prior to the initiation of construction work at any job site. A written
record shall be made and maintained identifying the time and place of these meetings,
persons attending, subject matter discussed, and disposition of the subject matter.
h. Disseminate the Contractor’s EEO policy externally by including it in any advertising in
the news media, specifically including minority and female news media, and providing
written notification to and discussing the Contractor’s EEO policy with other contractors
and subcontractors with whom the Contractor does or anticipates doing business.
i. Direct its recruitment efforts, both oral and written, to minority, female, and community
organizations, to schools with minority and female students and to minority and female
recruitment and training organizations serving the Contractor’s recruitment area and
employment needs. Not later than one month prior to the date for the acceptance of
applications for apprenticeship or other training by any recruitment source, the
Contractor shall send written notification to organizations such as the above,
describing the openings, screening procedures, and tests to be used in the selection
process.
j. Encourage present minority and female employees to recruit other minority persons
and women and, where reasonable, provide after school, summer, and vacation
employment to minority and female youth both on the site and in other areas of a
contractor’s work force.
k. Validate all tests and other selection requirements where there is an obligation to do
so under 41 CFR part 60-3.
l. Conduct, at least annually, an inventory and evaluation at least of all minority and
female personnel, for promotional opportunities and encourage these employees to
seek or to prepare for, through appropriate training, etc., such opportunities.
m. Ensure that seniority practices, job classifications, work assignments, and other
personnel practices do not have a discriminatory effect by continually monitoring all
personnel and employment related activities to ensure that the EEO policy and the
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Contractor’s obligations under these specifications are being carried out.
n. Ensure that all facilities and company activities are nonsegregated except that
separate or single-user toilet and necessary changing facilities shall be provided to
assure privacy between the sexes.
o. Document and maintain a record of all solicitations of offers for subcontracts from
minority and female construction contractors and suppliers, including circulation of
solicitations to minority and female contractor associations and other business
associations.
p. Conduct a review, at least annually, of all supervisor’s adherence to and performance
under the Contractor’s EEO policies and affirmative action obligations.
8. Contractors are encouraged to participate in voluntary associations, which assist in fulfilling
one or more of their affirmative action obligations (7a through 7p). The efforts of a
contractor association, joint contractor-union, contractor-community, or other similar group
of which the Contractor is a member and participant may be asserted as fulfilling any one
or more of its obligations under 7a through 7p of these specifications provided that the
Contractor actively participates in the group, makes every effort to assure that the group
has a positive impact on the employment of minorities and women in the industry, ensures
that the concrete benefits of the program are reflected in the Contractor’s minority and
female workforce participation, makes a good faith effort to meet its individual goals and
timetables, and can provide access to documentation which demonstrates the
effectiveness of actions taken on behalf of the Contractor. The obligation to comply,
however, is the Contractor’s and failure of such a group to fulfill an obligation shall not be a
defense for the Contractor’s noncompliance.
9. A single goal for minorities and a separate single goal for women have been established.
The Contractor, however, is required to provide equal employment opportunity and to take
affirmative action for all minority groups, both male and female, and all women, both
minority and non-minority. Consequently, the Contractor may be in violation of the
Executive Order if a particular group is employed in a substantially disparate manner (for
example, even though the Contractor has achieved its goals for women generally, the
Contractor may be in violation of the Executive Order if a specific minority group of women
is underutilized).
10. The Contractor shall not use the goals and timetables or affirmative action standards to
discriminate against any person because of race, color, religion, sex, sexual orientation,
gender identity, or national origin.
11. The Contractor shall not enter into any subcontract with any person or firm debarred from
Government contracts pursuant to Executive Order 11246.
12. The Contractor shall carry out such sanctions and penalties for violation of these
specifications and of the Equal Opportunity Clause, including suspension, termination, and
cancellation of existing subcontracts as may be imposed or ordered pursuant to Executive
Order 11246, as amended, and its implementing regulations, by the Office of Federal
Contract Compliance Programs. Any contractor who fails to carry out such sanctions and
penalties shall be in violation of these specifications and Executive Order 11246, as
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amended.
13. The Contractor, in fulfilling its obligations under these specifications, shall implement
specific affirmative action steps, at least as extensive as those standards prescribed in
paragraph 7 of these specifications, so as to achieve maximum results from its efforts to
ensure equal employment opportunity. If the Contractor fails to comply with the
requirements of the Executive Order, the implementing regulations, or these specifications,
the Director shall proceed in accordance with 41 CFR part 60-4.8.
14. The Contractor shall designate a responsible official to monitor all employment related
activity to ensure that the company EEO policy is being carried out, to submit reports
relating to the provisions hereof as may be required by the Government, and to keep
records. Records shall at least include for each employee, the name, address, telephone
numbers, construction trade, union affiliation if any, employee identification number when
assigned, social security number, race, sex, status (e.g., mechanic, apprentice, trainee,
helper, or laborer), dates of changes in status, hours worked per week in the indicated
trade, rate of pay, and locations at which the work was performed. Records shall be
maintained in an easily understandable and retrievable form; however, to the degree that
existing records satisfy this requirement, contractors shall not be required to maintain
separate records.
15. Nothing herein provided shall be construed as a limitation upon the application of other laws
which establish different standards of compliance or upon the application of requirements
for the hiring of local or other area residents (e.g. those under the Public Works
Employment Act of 1977 and the Community Development Block Grant Program).
Reference: 2 CFR 200, Appendix II(C), 41 CFR § 60-1.4, 41 CFR § 60-4.3, Executive
Order 11246
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FAA – 17 Federal Fair Labor Standards Act
APPLICABILITY – Contract Types – Per the Department of Labor, all employees of certain
enterprises having workers engaged in interstate commerce; producing goods for interstate
commerce; or handling, selling, or otherwise working on goods or materials that have been
moved in or produced for such commerce by any person are covered by the FLSA.
All consultants, sub-consultants, contractors, and subcontractors employed under this federally
assisted project must comply with the FLSA.
Professional Services – 29 CFR § 213 exempts employees in a bona fide executive,
administrative or professional capacity. Because professional firms employ individuals that are
not covered by this exemption, the agreement with a professional services firm must include the
FLSA provision.
REQUIREMENT -
The provisions of 29 CFR part 201, the Federal Fair Labor Standards Act (FLSA), are
incorporated by reference with the same force and effect as if given in full text. The FLSA sets
minimum wage, overtime pay, recordkeeping, and child labor standards for full and part-time
workers.
The Contractor has full responsibility to monitor compliance to the referenced statute or
regulation. The Contractor must address any claims or disputes that arise from this requirement
directly with the U.S. Department of Labor – Wage and Hour Division.
Reference: 29 USC § 201, et seq; 2 CFR § 200.430
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FAA – 18 Lobbying and Influencing Federal Employees
APPLICABILITY- all contracts exceeding $100,000.
REQUIREMENT -
Consultants and contractors that apply or bid for an award of $100,000 or more must have
certified that it will not and has not used Federal appropriated funds to pay any person or
organization for influencing or attempting to influence an officer or employee of any agency, a
member of Congress, officer or employee of Congress, or an employee of a member of
Congress in connection with obtaining any Federal contract, grant, or another award covered by
31 USC §1352. Each tier must also disclose any lobbying with non-Federal funds that takes
place in connection with obtaining any Federal award.
For an award over $100,00, the bidder or offeror certifies by signing and submitting this bid or
proposal, to the best of his or her knowledge and belief, that:
• No Federal appropriated funds have been paid or will be paid, by or on behalf of the bidder
or offeror, to any person for influencing or attempting to influence an officer or employee of
an agency, a Member of Congress, an officer or employee of Congress, or an employee of a
Member of Congress in connection with the awarding of any Federal contract, the making of
any Federal grant, the making of any Federal loan, the entering into of any cooperative
agreement, and the extension, continuation, renewal, amendment, or modification of any
Federal contract, grant, loan, or cooperative agreement.
• If any funds other than Federal appropriated funds have been paid or will be paid to any
person for influencing or attempting to influence an officer or employee of any agency, a
Member of Congress, an officer or employee of Congress, or an employee of a Member of
Congress in connection with this Federal contract, grant, loan, or cooperative agreement,
the undersigned shall complete and submit Standard Form-LLL, “Disclosure Form to Report
Lobbying,” in accordance with its instructions.
• The undersigned shall require that the language of this certification be included in the award
documents for all sub-awards at all tiers (including subcontracts, sub-grants, and contracts
under grants, loans, and cooperative agreements) and that all sub-recipients shall certify
and disclose accordingly.
This certification is a material representation of fact upon which reliance was placed when this
transaction was made or entered into. Submission of this certification is a prerequisite for
making or entering into this transaction imposed by section 1352, title 31, U.S. Code. Any
person who fails to file the required certification shall be subject to a civil penalty of not less than
$10,000 and not more than $100,000 for each such failure.
Reference: 31 USC § 1352 – Byrd Anti-Lobbying Amendment, 2 CFR part 200, Appendix II(I),
49 CFR part 20, Appendix A
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FAA – 19 Prohibition of Segregated Facilities
APPLICABILITY - The Contractor must comply with the requirements of the EEO clause by
ensuring that facilities they provide for employees are free of segregation on the basis of race,
color, religion, sex, sexual orientation, gender identity, or national origin. This clause must be
included in all contracts that include the equal opportunity clause, regardless of the amount of
the contract.
Contract Types – any contract containing the Equal Employment Opportunity clause of 41 CFR
§ 60-1.4. This obligation flows down to subcontract and sub-tier purchase orders containing the
Equal Employment Opportunity clause.
Construction – Construction work means construction, rehabilitation, alteration, conversion,
extension, demolition or repair of buildings, highways, or other changes or improvements to real
property, including facilities providing utility services. The term also includes the supervision,
inspection, and other onsite functions incidental to the actual construction.
Equipment – On site installation of equipment such as airfield lighting control equipment meets
the definition of construction and thus this provision would apply. This provision does not apply
to equipment projects involving manufacture of the item at a vendor’s manufacturing plant. An
example would be the manufacture of a SRE or ARFF vehicle.
Professional Services – Professional services that include tasks that qualify as construction
work as defined by 41 CFR part 60-1. Examples include the installation of noise monitoring
equipment.
Property/Land – Land acquisition contracts that include tasks that qualify as construction work
as defined by 41 CFR part 60-1. Examples include demolition of structures or installation of
boundary fencing.
REQUIREMENT -
(a) The Contractor agrees that it does not and will not maintain or provide for its employees any
segregated facilities at any of its establishments, and that it does not and will not permit its
employees to perform their services at any location under its control where segregated
facilities are maintained. The Contractor agrees that a breach of this clause is a violation of
the Equal Employment Opportunity clause in this contract.
(b) “Segregated facilities,” as used in this clause, means any waiting rooms, work areas, rest
rooms and wash rooms, restaurants and other eating areas, time clocks, locker rooms and
other storage or dressing areas, parking lots, drinking fountains, recreation or entertainment
areas, transportation, and housing facilities provided for employees that are segregated by
explicit directive or are in fact segregated on the basis of race, color, religion, sex, sexual
orientation, gender identity, or national origin because of written or oral policies or employee
custom. The term does not include separate or single-user rest rooms or necessary dressing
or sleeping areas provided to assure privacy between the sexes.
(c) The Contractor shall include this clause in every subcontract and purchase order that is
subject to the Equal Employment Opportunity clause of this contract.
Reference: 2 CFR Part 200, Appendix II (C); 41 CFR Part 60-1
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FAA – 20 Occupational Safety and Health Act
APPLICABILITY – Contract Types – All contracts and subcontracts must comply with the
Occupational Safety and Health Act of 1970 (OSH). The U.S. Department of Labor
Occupational Safety and Health Administration (OSHA) oversees the workplace health and
safety standards wage provisions from OSH.
REQUIREMENT -
All contracts and subcontracts that result from this solicitation incorporate by reference the
requirements of 29 CFR Part 1910 with the same force and effect as if given in full text. The
employer must provide a work environment that is free from recognized hazards that may cause
death or serious physical harm to the employee. The employer retains full responsibility to
monitor its compliance and their subcontractor’s compliance with the applicable requirements of
the Occupational Safety and Health Act of 1970 (29 CFR Part 1910). The employer must
address any claims or disputes that pertain to a referenced requirement directly with the U.S.
Department of Labor – Occupational Safety and Health Administration.
Reference: 29 CFR part 1910
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FAA – 21 Procurement of Recovered Materials
APPLICABILITY – Contract Types – This provision applies to any contracts that include
procurement of products designated in subpart B of 40 CFR part 247 where the purchase price
of the item exceeds $10,000 or the value of the quantity acquired by the preceding fiscal year
exceeded $10,000.
Construction and Equipment – all construction and equipment projects.
Professional Services and Property – if the agreement includes procurement of a product that
exceeds $10,000.
REQUIREMENT -
Contractor and subcontractor agree to comply with Section 6002 of the Solid Waste Disposal
Act, as amended by the Resource Conservation and Recovery Act, and the regulatory
provisions of 40 CFR Part 247. In the performance of this contract and to the extent practicable,
the Contractor and subcontractors are to use products containing the highest percentage of
recovered materials for items designated by the Environmental Protection Agency (EPA) under
40 CFR Part 247 whenever:
1) The contract requires procurement of $10,000 or more of a designated item during the
fiscal year; or
2) The contractor has procured $10,000 or more of a designated item using Federal funding
during the previous fiscal year.
The list of EPA-designated items is available at www.epa.gov/smm/comprehensive-
procurement-guidelines-construction-products.
Section 6002(c) establishes exceptions to the preference for recovery of EPA-designated
products if the contractor can demonstrate the item is:
a) Not reasonably available within a timeframe providing for compliance with the contract
performance schedule;
b) Fails to meet reasonable contract performance requirements; or
c) Is only available at an unreasonable price.
Reference: 2 CFR § 200.323, 2 CFR Part 200, Appendix II (J); 40 CFR part 247, 42 USC §
6901, et seq (Resource Conservation and Recovery Act)
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FAA – 22 Rights to Inventions
APPLICABILITY – Contract Types – This provision applies to all contracts and subcontracts
with small business firms or nonprofit organizations that include performance of experimental,
developmental, or research work. This clause is not applicable to construction, equipment, or
professional service contracts unless the contract includes experimental, developmental, or
research work.
REQUIREMENT -
Contracts or agreements that include the performance of experimental, developmental, or
research work must provide for the rights of the Federal Government and the City in any
resulting invention as established by 37 CFR part 401, Rights to Inventions Made by Non-profit
Organizations and Small Business Firms under Government Grants, Contracts, and
Cooperative Agreements. This contract incorporates by reference the patent and inventions
rights as specified within 37 CFR §401.14. Contractor must include this requirement in all sub-
tier contracts involving experimental, developmental, or research work.
Reference: 2 CFR § 200, Appendix II(F), 37 CFR 401
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FAA - 23 Seismic Safety
APPLICABILITY – Contract Types – This provision applies to construction of new buildings
and additions to existing buildings financed in whole or in part through the Airport Improvement
Program.
Professional Services– any contract involved in the construction of new buildings or structural
addition to existing buildings.
Construction – any contract involved in the construction of new buildings or structural addition
to existing buildings.
Equipment – if the project involves construction or structural addition to a building such as an
electrical vault project to accommodate or install equipment.
Land – This provision will not typically apply to a property/land project.
REQUIREMENT -
A23.3.1 Professional Service Agreements for Design
SEISMIC SAFETY
In the performance of design services, the Consultant agrees to furnish a building design and
associated construction specification that conform to a building code standard that provides a
level of seismic safety substantially equivalent to standards as established by the National
Earthquake Hazards Reduction Program (NEHRP). Local building codes that model their
building code after the current version of the International Building Code (IBC) meet the NEHRP
equivalency level for seismic safety. At the conclusion of the design services, the Consultant
agrees to furnish the Owner a “certification of compliance” that attests conformance of the
building design and the construction specifications with the seismic standards of NEHRP or an
equivalent building code.
A23.3.2 Construction Contracts
SEISMIC SAFETY
The Contractor agrees to ensure that all work performed under this contract, including work
performed by subcontractors, conforms to a building code standard that provides a level of
seismic safety substantially equivalent to standards established by the National Earthquake
Hazards Reduction Program (NEHRP). Local building codes that model their code after the
current version of the International Building Code (IBC) meet the NEHRP equivalency level for
seismic safety.
Reference: 49 CFR Part 41
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FAA – 24 Tax Delinquency and Felony Conviction
APPLICABILITY – This provision applies to all contracts funded in whole or part with AIP.
REQUIREMENT -
The Contractor must have certified under the procurement process that resulted in the award of
this contract that:
• Contractor has not been convicted of a Federal felony within the last 24 months; or
• Contractor does not have any outstanding tax liability for which all judicial and administrative
remedies have lapsed or been exhausted.
Reference: Sections 8113 of the Consolidated Appropriations Act, 2022 (Public Law 117-103),
and similar provisions in subsequent appropriations acts.
DOT Order 4200.6 – Appropriations Act Requirements for Procurement and Non-Procurement
Regarding Tax Delinquency and Felony Convictions
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FAA – 25 Termination of Contract
APPLICABILITY – All contracts and subcontracts in excess of $10,000.
REQUIREMENT -
See Section 4.5 of the Agreement.
Reference: 2 CFR § 200 Appendix II(B), FAA Advisory Circular 150/5370-10, Section 80-09
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FAA – 26 Foreign Trade Restriction
APPLICABILITY – all AIP funded projects.
REQUIREMENT -
TRADE RESTRICTION CERTIFICATION
By accepting this contract the Contractor certifies the following statements are true –
1) is not owned or controlled by one or more citizens of a foreign country included in the list of
countries that discriminate against U.S. firms as published by the Office of the United
States Trade Representative (USTR);
2) has not knowingly entered into any contract or subcontract for this project with a person
that is a citizen or national of a foreign country included on the list of countries that
discriminate against U.S. firms as published by the USTR; and
3) has not entered into any subcontract for any product to be used on the Federal project that
is produced in a foreign country included on the list of countries that discriminate against
U.S. firms published by the USTR.
This certification concerns a matter within the jurisdiction of an agency of the United States of
America and the making of a false, fictitious, or fraudulent certification may render the maker
subject to prosecution under Title 18 USC Section 1001.
The Contractor must provide immediate written notice to the City if the Contractor learns that its
certification or that of a subcontractor was erroneous when submitted or has become erroneous
by reason of changed circumstances. The Contractor must require subcontractors provide
immediate written notice to the Contractor if at any time it learns that its certification was
erroneous by reason of changed circumstances.
Unless the restrictions of this clause are waived by the Secretary of Transportation in
accordance with 49 CFR 30.17, no contract shall be awarded to an Offeror or subcontractor:
1) who is owned or controlled by one or more citizens or nationals of a foreign country
included on the list of countries that discriminate against U.S. firms published by the USTR
or
2) whose subcontractors are owned or controlled by one or more citizens or nationals of a
foreign country on such USTR list or
3) who incorporates in the public works project any product of a foreign country on such
USTR list.
Nothing contained in the foregoing shall be construed to require establishment of a system of
records in order to render, in good faith, the certification required by this provision. The
knowledge and information of a contractor is not required to exceed that which is normally
possessed by a prudent person in the ordinary course of business dealings.
The Contractor agrees it will incorporate this provision for certification without modification in all
lower tier subcontracts. The Contractor may rely on the certification of a prospective
subcontractor that it is not a firm from a foreign country included on the list of countries that
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discriminate against U.S. firms as published by USTR, unless the Contractor has knowledge
that the certification is erroneous.
This certification is a material representation of fact upon which reliance was placed when
making an award. If it is later determined that the Contractor or subcontractor knowingly
rendered an erroneous certification, the Federal Aviation Administration (FAA) may direct
through the City cancellation of the contract or subcontract for default at no cost to the City or
the FAA.
Reference: 49 USC § 50104, 49 CFR part 30
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64
FAA – 27 Veteran’s Preference
APPLICABILITY – This provision applies to all AIP funded projects that involve labor to carry
out the project. This preference, which excludes executive, administrative, and supervisory
positions, applies to covered veterans [as defined under § 47112(c)] only when they are readily
available and qualified to accomplish the work required by the project.
REQUIREMENT -
In the employment of labor (excluding executive, administrative, and supervisory positions), the
Contractor and all sub-tier contractors must give preference to covered veterans as defined
within Title 49 United States Code Section 47112. Covered veterans include Vietnam-era
veterans, Persian Gulf veterans, Afghanistan-Iraq war veterans, disabled veterans, and small
business concerns (as defined by 15 USC 632) owned and controlled by disabled veterans.
This preference only applies when there are covered veterans readily available and qualified to
perform the work to which the employment relates.
Reference: 49 USC § 47112(c)
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65
FAA – 28 Domestic Preferences for Procurements
APPLICABILITY – all contracts and Purchase orders for work or products under the grant.
REQUIREMENT -
The Contractor certifies by signing and submitting its bid or proposal that, to the greatest extent
practicable, the Contractor has provided a preference for the purchase, acquisition, or use of
goods, products, or materials produced in the United States (including, but not limited to, iron,
aluminum, steel, cement, and other manufactured products) in compliance with 2 CFR §
200.322.
Reference: 2 CFR § 200.322; 2 CFR Part 200, Appendix II(L)
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CITY OF PALM SPRINGS
3200 E TAHQUITZ CANYON WAY, PALM
SPRINGS, CA 92262
(760) 322-8328
BUSINESS LICENSE CERTIFICATE
Fees Paid:$174.00
ISSUANCE OF THIS LICENSE DOES NOT ENTITLE THE
LICENSEE TO OPERATE OR MAINTAIN A BUSINESS
IN VIOLATION OF ANY OTHER LAW OR ORDINANCE.
THIS IS NOT AN ENDORSEMENT OF THE ACTIVITY
NOR OF THE APPLICANT'S QUALIFICATIONS.
Business Name:RIDE Mobility, LLC
DBA:
Owner:RIDE Mobility
Mailing Address:46147 7 7TH ST W
LANCASTER, CA 93534
License Number:OC-007179-2024
Expiration Date:08/31/2025
PLEASE NOTE THAT IT IS YOUR RESPONSIBILITY TO
RENEW AND UPDATE THIS LICENSE ANNUALLY.
Business Location:888 E WALNUT ST 2ND FLOOR,
PASADENA, CA 93534
Business Description:TRANSPORTATION VEHICLE
SALES
TO BE POSTED IN A CONSPICUOUS PLACE
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