HomeMy WebLinkAbout24B215 - 8540527 Canada Inc./ d.b.a. NIU ToiletCONTRACT 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:
CoOp Pricing:
By: Submitted on:
Contract Abstract Form Rev 8.16.23
Authorized Signers:
Name, Email
(Corporations require 2 signatures)
Restroom Trailers for Palm Springs Airport
8540527 Canada Inc./ d.b.a. NIU Toilet
Jeffrey Cohen
jeffc@niutoilet.com
Purchase of Restroom Trailers for Palm Springs International
Airport
$213,600.00
September 26, 2024 to September 25, 2029
Yes
Jeffrey Cohen, jeffc@niutoilet.com
Hossein Sammimi, h.samimi@comaccorporation.com
Aviation
Jacob Colella
24B215
N/A
Yes
Yes
Yes
Procurement
N/A
No
IFB 24-22
N/A
N/A
N/A
9/12/2024 Anil Cholakkara
Docusign Envelope ID: B2BE58FD-AD03-4F61-AC2F-7E6239B03791
09/26/2024
Page 1 of 65
CITY OF PALM SPRINGS
GOODS PURCHASE AGREEMENT 24B215
RESTROOM TRAILERS FOR THE PALM SPRINGS
INTERNATIONAL AIRPORT
This Goods Purchase Agreement (“Agreement”) is entered into this 26th day of September,
2024, by and between the City of Palm Springs, a California charter city and municipal
corporation (“City”), and 8540527 Canada Inc./ d.b.a. NIU Toilet, a Quebec, Canada
Corporation (“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.
1. 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 $213,600.00.
2. 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
26, 2024, and ending on September 25, 2029, unless extended by mutual written agreement
of the Parties.
3. 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
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specify with particularity any defect in nonconforming goods after rejection or acceptance
thereof.
4. WARRANTY.
5. Supplier warrants that the Goods will be of merchantable quality and free from defects in
design, engineering, material, and workmanship for a period of 5 years or more on trailer
and axels, 1 year on all other parts 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.
6. 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.
7. 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:
A. Repair the defective Goods;
B. 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
C. 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.
8. 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.
9. 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.
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
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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.
1. 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
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.
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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.
2. 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).
3. 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.
4. 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. 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.
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5. 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.
6. 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.
7. INSURANCE.
a. General. Supplier shall take out and maintain:
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
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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.
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.
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8. 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.
9. 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,
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
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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.
10. 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.
11. 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.
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
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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.
12. 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:
8540527 Canada Inc./ d.b.a. NIU Toilet
833 Rue Beriault
Longueuil, Quebec, J4G 1X7
Attn: Jeffrey Cohen
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.
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.
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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.
13. 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.
14. 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 8540527 CANADA INC. / D.B.A. NIU TOILET
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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9/30/2024
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Exhibit A
Goods Specifications
Delivery Schedule
Fee Schedule
[ATTACHED]
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1.1 Background:
City of Palm Springs Fleet Division needs Two (2) each Single Station and Multi Station
restroom trailers for use in Palm Springs International Airport.
1.2 Scope:
The Contractor shall provide Two (2) Multi Station restroom trailers contains One (1) male
gender-specific suite and One (1) female gender specific suit and Two (2) Single Station
ADA compliant gender-neutral restroom trailers must contain one wheelchair accessible
station per specifications below.
A. Multi Station
i. Model Year: Newest Model
ii. Exterior Color: White
iii. 2- 5/16″ trailer receiver
iv. scissor jack levelers.
v. electric brakes
vi. Minimum Standard porcelain self-flushing Toilets: 4 female and 2 males
vii. Minimum Waterless urinals: 3
viii. Minimum touchless Sinks: 2 in each male and female
ix. Fresh Water Tank (Gallons): 200 gallons minimum
x. Waste Tank (Gallons): 750 minimum.
xi. Mechanics Room
xii. Heating and air conditioning
xiii. Water Supply: City Water, pressured water system, garden hose
xiv. Power Supply/Cords: (1-5) 30 Amp Cords 100’ in length
xv. Exterior Lighting above or near entrance/exit doors
xvi. Manufacture Warranty: 5 years minimum for trailer and axles.
xvii. Sealant, electrical components, hydraulics, hoses, wall coverings, trim and paint
are warranted for 1 year or more.
xviii. 1-year minimum warranty on individual appliances
xix. Hot and cold running water
xx. Wheelchair access ramp(s) and handrails
xxi. Electric tongue jack
xxii. Spare tire
xxiii. Mirrors in each suite
xxiv. Double roll toilet paper dispensers per toilet stall
xxv. Two Paper towel dispensers per restroom suite
xxvi. Two Soap dispensers per restroom suite
xxvii. Two Trash receptacles per restroom suite
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xxviii. Powered ventilation fans in each restroom suite
xxix. Vinyl flooring
B. Single Station
i. Model Year: Newest Model
ii. Exterior Color: White
iii. 2- 5/16″ trailer receiver
iv. scissor jack levelers
v. electric brakes
vi. Number of stations: One gender neutral.
vii. Fresh Water Tank (Gallons): 100 gallons minimum
viii. Waste Tank (Gallons): 125 minimum.
ix. Heating and air conditioning
x. Water Supply: City Water, pressured water system, garden hose
xi. Power Supply/Cords: (1-5) 30 Amp Cords 100’ in length
xii. Exterior Lighting above or near entrance/exit doors
xiii. Manufacture Warranty 5 years trailer & Axles or more
xiv. Sealant, electrical components, hydraulics, hoses, wall coverings, trim and paint are
warranted for 1 year or more.
xv. 1 year or more warranty on Individual appliances.
xvi. Hot and cold running water
xvii. Wheelchair access ramp(s) and handrails
xviii. Tongue jack
xix. Spare tire
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xx. One mirror
xxi. Occupancy indicator at entrance door
xxii. One porcelain ADA toilet with auto-flush
xxiii. Double roll toilet paper dispenser
xxiv. One automated paper towel dispenser
xxv. One automated soap dispenser
xxvi. One Trash receptacle
xxvii. Powered ventilation fan
xxviii. Vinyl or wood flooring
xxix. Stainless steel handrails and grab bars
1.3 Compensation:
Work will be compensated on a lump sum basis. Contract pricing includes engineering,
design, build, and delivery of restroom trailers, 5 years minimum warranty on trailer and
axles and one year minimum warranty on all other items as outline 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 2.8.2023
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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 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
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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 4.5 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
Proficiency, and resulting agency guidance, national origin discrimination includes
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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
b. Cancelling, terminating, or suspending a contract, in whole or in part.
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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 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
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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 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
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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 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,
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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 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
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http://www.dol.gov/esa/whd/forms/wh347instr.htm 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 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.
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(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 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
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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.
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).
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(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 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
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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.
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;
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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 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.
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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 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
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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
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.
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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 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
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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
discriminate against U.S. firms as published by USTR, unless the Contractor has knowledge
that the certification is erroneous.
Docusign Envelope ID: B2BE58FD-AD03-4F61-AC2F-7E6239B03791
Page 63 of 65
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
Docusign Envelope ID: B2BE58FD-AD03-4F61-AC2F-7E6239B03791
Page 64 of 65
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)
Docusign Envelope ID: B2BE58FD-AD03-4F61-AC2F-7E6239B03791
Page 65 of 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)
Docusign Envelope ID: B2BE58FD-AD03-4F61-AC2F-7E6239B03791
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:8540527 CANADA INC
DBA: NIU TOILET
Owner:HOSSEIN SAMIMI
Mailing Address:833 RUE BERIAULT
LONGUEUIL, QUEBEC
CANADA
License Number:OC-007239-2024
Expiration Date:08/31/2025
PLEASE NOTE THAT IT IS YOUR RESPONSIBILITY TO
RENEW AND UPDATE THIS LICENSE ANNUALLY.
Business Location:833 RUE BERIAULT,
LONGUEUIL, QUEBEC
CANADA
Business Description:MANUFACTURING
TO BE POSTED IN A CONSPICUOUS PLACE
Docusign Envelope ID: B2BE58FD-AD03-4F61-AC2F-7E6239B03791
AUTHORIZED REPRESENTATIVE
c 2016, Centre for Study of Insurance Operations. All rights reserved.
This certificate is issued as a matter of information only and confers no rights upon the certificate holder and imposes no liability on the insurer.
CERTIFICATE OF LIABILITY INSURANCE
TYPE OF INSURANCE
COMMERCIAL GENERAL LIABILITY
POSTAL
CODE
BROKER CLIENT ID:
This is to certify that the policies of insurance listed below have been issued to the insured named above for the policy period indicated notwithstanding any requirements, terms
or conditions of any contract or other document with respect to which this certificate may be issued or may pertain. The insurance afforded by the policies described herein is
subject to all terms, exclusions and conditions of such policies.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS
INSURANCE COMPANY
AND POLICY NUMBER
EFFECTIVE
DATE
EXPIRY
DATE
LIMITS OF LIABILITY
(Canadian dollars unless indicated otherwise)
NON-OWNED AUTOMOBILES
HIRED AUTOMOBILES
AUTOMOBILE LIABILITY
DESCRIBED AUTOMOBILES
ALL OWNED AUTOMOBILES
LEASED AUTOMOBILES **
** ALL AUTOMOBILES LEASED IN EXCESS OF
30 DAYS WHERE THE INSURED IS REQUIRED
TO PROVIDE INSURANCE
EXCESS LIABILITY
UMBRELLA FORM
OTHER LIABILITY (SPECIFY)
BODILY INJURY AND PROPERTY
DAMAGE COMBINED
BODILY INJURY (PER PERSON)
BODILY INJURY (PER ACCIDENT)
PROPERTY DAMAGE
Should any of the above described policies be cancelled before the expiration date thereof, the issuing company will endeavor to mail ________ days written notice to the certificate
holder named above, but failure to mail such notice shall impose no obligation or liability of any kind upon the company, its agents or representatives.
AUTHORIZED REPRESENTATIVE
ISSUER
DATE
EACH OCCURRENCE
AGGREGATE
This certificate does not amend, extend or alter the coverage afforded by the policies below.
NON-OWNED AUTOMOBILES
POSTAL
CODE
POSTAL
CODE
1. CERTIFICATE HOLDER - NAME AND MAILING ADDRESS 2.INSURED’S FULL NAME AND MAILING ADDRESS
DESCRIPTION OF OPERATIONS/LOCATIONS/AUTOMOBILES/SPECIAL ITEMS TO WHICH THIS CERTIFICATE APPLIES (but only with respect to the operations of the Named Insured)3.
4. COVERAGES
5. CANCELLATION
6. BROKERAGE/AGENCY FULL NAME AND MAILING ADDRESS
ADDITIONAL INSURED NAME AND MAILING ADDRESS
(Commercial General Liability- but only with respect to the operations of the Named Insured)
8. CERTIFICATE AUTHORIZATION
COMMERCIAL GENERAL LIABILITY
- GENERAL AGGREGATE
MEDICAL PAYMENTS
TENANTS LEGAL LIABILITY
PRODUCTS AND COMPLETED OPERATIONS
AGGREGATE
- EACH OCCURRENCE
DED.AMOUNT OF
INSURANCECOVERAGE
BODILY INJURY AND PROPERTY DAMAGE
LIABILITY
YYYY/MM/DD YYYY/MM/DD
POSTAL
CODE
PERSONAL INJURY LIABILITY
PERSONAL AND ADVERTISING INJURY
LIABILITY
OR
POLLUTION LIABILITY EXTENSION
7.
CONTACT NUMBER(S)
TYPE
TYPE
NO.
NO.
TYPE
TYPE
NO.
NO.
EMAIL ADDRESSSIGNATURE OF
CSIO - Certificate of Liability Insurance CA4301e 201609
HIRED AUTOMOBILES
CLAIMS MADE OR OCCURRENCE
PRODUCTS AND / OR COMPLETED OPERATIONS
EMPLOYER’S LIABILITY
CROSS LIABILITY
WAIVER OF SUBROGATION
TENANTS LEGAL LIABILITY
POLLUTION LIABILITY EXTENSION
City Of Palm Springs
3200 E. Tahquitz Canyon Way
Palm Springs CA 92262
8540527 Canada Inc.
833 Bériault Street
Longueuil Quebec J5G 1X7
Assembly of Comac brand automatic hand dryer and Niu brand toilet
Déductible for USA : $2,500
4
4
4
4
4
Certain Lloyd’s underwriters and other
insurers - GLM0140010845
Certain Lloyd’s underwriters and other
insurers - GLM0140010845
2024/07/15 2025/07/15
2025/07/152024/07/15
$1,000
$5,000,000
$5,000,000
$5,000,000
$5,000,0004
$5,000
$1,000 $500,000
$1,000 $2,000,000
Lussier
1350 rue Royale, bureau 1100
Trois-Rivières QC G9A 4J4
8540CAN-01
City Of Palm Springs
3200 E. Tahquitz Canyon Way
Palm Springs CA 92262
In the event of termination of any of the aforementioned contracts prior to the specified expiry date, the insurer issuing the policy proposes to give the policyholder 30 days' written
notice, but is not obliged to do so. Failure to give such notice shall release the Company, its agents or representatives from any obligation or liability whatsoever.
August 23, 2024 olahaie@lussier.co
+1 (877) 587-7437 (819) 379-8963
Olivier Lahaie
Lussier Téléphone Télécopieur
Marie Eve Beauclair
Docusign Envelope ID: B2BE58FD-AD03-4F61-AC2F-7E6239B03791
1. 2.
POSTAL
CODE
3.
4.
AMOUNT OF
INSURANCE
$5,000,000
$5,000,000
$5,000,000
✔PERSONAL INJURY LIABILITY
P RSONAL AND ADVERTISING INJURY
$5,000
$500,000
2025/07/15 $2,000,000
2024/11/10 $2,000,000
5.
6. 7.
92262
8.
CERTIFICATE OF LIABILITY INSURANCE
This certificate is issued as a matter of information only and confers no rights upon the certificate holder and imposes no liability on the insurer.
This certificate does not amend, extend or alter the coverage afforded by the policies below.
CERTIFICATE HOLDER - NAME AND MAILING ADDRESS INSURED’S FULL NAME AND MAILING ADDRESS
City Of Palm Springs 8540527 Canada Inc.
833 Bériault Street3200 E. Tahquitz Canyon Way
Palm Springs CA 92262 Longueuil Quebec POSTAL J5G 1X7
CODE
DESCRIPTION OF OPERATIONS/LOCATIONS/AUTOMOBILES/SPECIAL ITEMS TO WHICH THIS CERTIFICATE APPLIES (but only with respect to the operations of the Named Insured)
Assembly of Comac brand automatic hand dryer and Niu brand toilet trailers
COVERAGES
This is to certify that the policies of insurance listed below have been issued to the insured named above for the policy period indicated notwithstanding any requirements, terms or conditions of any contract or
other document with respect to which this certificate may be issued or may pertain. The insurance afforded by the policies described herein is subject to all terms, exclusions and conditions of such policies.
LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS
TYPE OF INSURANCE INSURANCE COMPANY AND
POLICY NUMBER
EFFECTIVE
DATE
YYYY/MM/DD
EXPIRY DATE
YYYY/MM/DD
LIMITS OF LIABILITY
(Canadian dollars unless indicated otherwise)
COVERAGE DED.
$5,000,000
OR
WAIVER OF SUBROGATION
LIABILITY
MEDICAL PAYMENTS
COMMERCIAL GENERAL LIABILITY
CLAIMS MADE OR ✔ OCCURRENCE
✔PRODUCTS AND / OR COMPLETED
OPERATIONS
EMPLOYER’S LIABILITY
✔CROSS LIABILITY
Certain Lloyd’s underwriters and other
insurers - GLM0140010845
2024/07/15 2025/07/15
COMMERCIAL GENERAL LIABILITY
BODILY INJURY AND PROPERTY DAMAGE
LIABILITY - GENERAL AGGREGATE
- EACH OCCURRENCE
$1,000
PRODUCTS AND COMPLETED
OPERATIONS AGGREGATE
✔ TENANTS LEGAL LIABILITY TENANTS LEGAL LIABILITY $1,000
POLLUTION LIABILITY EXTENSION POLLUTION LIABILITY EXTENSION
✔ NON-OWNED AUTOMOBILES Certain Lloyd’s underwriters and other 2024/07/15
NON-OWNED AUTOMOBILES $1,000
HIRED AUTOMOBILES HIRED AUTOMOBILES
AUTOMOBILE LIABILITY
✔ DESCRIBED AUTOMOBILES
Aviva, compagnie d'assurance du Canada -
694122806
2023/11/10 BODILY INJURY AND PROPERTY DAMAGE
COMBINED
ALL OWNED AUTOMOBILES BODILY INJURY (PER PERSON)
✔ LEASED AUTOMOBILES **BODILY INJURY (PER ACCIDENT)
** ALL AUTOMOBILES LEASED IN EXCESS OF 30 DAYS
WHERE THE INSURED IS REQUIRED TO PROVIDE
INSURANCE
PROPERTY DAMAGE
EXCESS LIABILITY
UMBRELLA FORM
EACH OCCURRENCE
AGGREGATE
OTHER LIABILITY (SPECIFY)
CANCELLATION
BROKERAGE/AGENCY FULL NAME AND MAILING ADDRESS ADDITIONAL INSURED NAME AND MAILING ADDRESS
(Commercial General Liability- but only with respect to the operations of the Named Insured)
Lussier
1350 rue Royale, bureau 1100
The City of Palm Springs
Trois-Rivières QC
POSTAL
CODE
G9A 4J4 3200 E. Tahquitz Way
BROKER CLIENT ID: 8540CAN-01 Palm Springs, CA.
CERTIFICATE AUTHORIZATION
ISSUER Lussier CONTACT NUMBER(S)
TYPE Téléphone NO. +1 (877) 587-7437 TYPE Télécopieu NO. (819) 379-8963AUTHORIZED REPRESENTATIVE Stéphanie Roy TYPE NO. TYPE NO.
SIGNATURE OF
AUTHORIZED REPRESENTATIVE
DATE August 19, 2024 EMAIL ADDRESS sroy@lussier.co
Docusign Envelope ID: B2BE58FD-AD03-4F61-AC2F-7E6239B03791
Hossein Samimi
8540527 Canada inc.
Comac (TM) Corporation
833 Rue Beriault
Longueuil, (Québec)J4G 1X7
Quebec Business Number (NEQ): 1169235703
AC: Unallocated costs.
OCCUPATIONAL HEALTH AND SAFETYClassification decision
2023
Page 1 of 2
Classification unit:36120
Title:Manufacturing of heating,ventilation,air conditioning and refrigeration
equipment;manufacturing of household appliances;manufacture or assembly of
electric lighting apparatus;manufacturing of pumps and compressorsFor assistance, advice and training on
prevention, contact the joint sector
association (ASP) •
ASP -Mfg. equip. transport and
machinery
1 888 527-3386
The unit rate corresponds to the
general rate of a unit for an activity
falling under provincial jurisdiction.
This rate includes $0.14 used to
finance the program
“For safe maternity”.
This document will be useful for you
to make your periodic payments and
to produce your Wage Statement.
Experience
file
Unit
Rate
Unit
Rate
Without CNI
Unit
Rate
CNI
Rate
ASP
Prime
Rate
+ 0,050 $= 1,450 $40730708 1,40 $ 1,13 $ + 0,27 $
(Rate per $100 of insurable salary)
Rate used to calculate periodic payments 1,45 $
((Rate per $100 of insurable salary)
Continued on Page 2
Periodic Payment Rate
August 30, 2023
Docusign Envelope ID: B2BE58FD-AD03-4F61-AC2F-7E6239B03791
8540527 Canada inc.
Quebec Business Number (NEQ): 1169235703 Page 2 of 2
We invite you to contact us at 1 844 838-0808 if you need
additional information about this decision,or for any other
questions.If you disagree with this decision,you may,at your
option,exercise one of the following remedies:
•Request a review of this decision in writing from the CNESST,
within 30 days of receipt of this document.To do this,you can
complete the Request for review form at cnesst.gouv.qc.ca;or
•Contest this decision in writing before the Administrative Labor
Tribunal,within 60 days of receipt of this document.To do this,
you can complete the Dispute Form at tat.gouv.qc.ca.
For more information on the choices available to you,consult
cnesst.gouv.qc.ca/contestation-decision or tat.gouv.qc.ca.
The periodic payment rate cannot be disputed.The premium rate
is given as an indication.
Kodjo David Loba
Docusign Envelope ID: B2BE58FD-AD03-4F61-AC2F-7E6239B03791
From:Jeremy Hammond
To:Anil Cholakkara
Cc:Brian Sotak-Rossman; Kim Baker
Subject:RE: Notice of Intent to Award - IFB 24-22 Restroom Trailers for Palm Springs International Airport
Date:Monday, August 26, 2024 11:24:00 AM
Attachments:image001.png
Anil – I am comfortable with the WC response they have provided and will waive auto insurance
requirement. It is my understanding that we are purchasing an item and they will not be operating
vehicles as a part of this contract.
Jeremy
Jeremy Hammond
Deputy City Manager
Risk Manager
City of Palm Springs
3200 E. Tahquitz Canyon Way
Palm Springs, CA 92262
760.323.8218 Direct
www.palmspringsca.gov
From: Anil Cholakkara <Anil.Cholakkara@palmspringsca.gov>
Sent: Thursday, August 22, 2024 2:14 PM
To: Jeremy Hammond <Jeremy.Hammond@palmspringsca.gov>
Cc: Brian Sotak-Rossman <Brian.Sotak-Rossman@palmspringsca.gov>; Kim Baker
<Kim.Baker@palmspringsca.gov>
Subject: FW: Notice of Intent to Award - IFB 24-22 Restroom Trailers for Palm Springs International
Airport
Hi Jeremy,
This is an award for September 26th Council meeting for Restroom Trailers for Airport.
We come across few issues with their insurance since we sent our standard insurance
requirements and they are based out of Quebec, Canada. Please see the below comments
and attachment about the worker’s comp. If you can check and let me know if this is
acceptable to the City, I will move forward with the staff report and agreement for this
contract. Please let me know if you have any questions on this.
Have a great weekend!
Docusign Envelope ID: B2BE58FD-AD03-4F61-AC2F-7E6239B03791
Thank you,
Anil Cholakkara
City of Palm Springs | Procurement & Contracting
3200 E. Tahquitz Canyon Way, Palm Springs, CA 92262
760-322-8361 | Anil.Cholakkara@palmspringsca.gov
From: Jeff C <jeffc@niutoilet.com>
Sent: Thursday, August 22, 2024 1:53 PM
To: Anil Cholakkara <Anil.Cholakkara@palmspringsca.gov>
Subject: RE: Notice of Intent to Award - IFB 24-22 Restroom Trailers for Palm Springs International
Airport
NOTICE: This message originated outside of The City of Palm Springs -- DO NOT CLICK on links or open
attachments unless you are sure the content is safe.
Anil,
Hi there.
See attached receipt for business license. ( I have asked for an official copy of license)
Please note:
1. As for the insurance- I just spoke with our broker- and we use different companies in our
policy. He is asking why we need automobile insurance if we do not have or use any vehicles
there or in USA.
We can have the other coverage changed as per your request- 30 days cancellation, but
please confirm re: auto insurance.
2. Workers compensation- here in Quebec- insurance is different for that- and I have attached
the standard document we use.
Let me know if anything else is required or needed or missing,
Thanks
Jeffrey Cohen
Sales/Marketing/Social Media
Docusign Envelope ID: B2BE58FD-AD03-4F61-AC2F-7E6239B03791
Niu Toilet/Comac Corp
Cell: 514-444-3161
Off: 1-855-550-0303
www.niutoilet.com
www.comaccorporation.com
From: Jeff C <jeffc@niutoilet.com>
Sent: Wednesday, August 21, 2024 12:57 PM
To: Anil Cholakkara <Anil.Cholakkara@palmspringsca.gov>
Subject: RE: Notice of Intent to Award - IFB 24-22 Restroom Trailers for Palm Springs International
Airport
NOTICE: This message originated outside of The City of Palm Springs -- DO NOT CLICK on links or open
attachments unless you are sure the content is safe.
Anil,
Hi there…
I have asked to have the insurance document updated- and should get it back quickly.
As for the business tax license- I have tried calling and all kinds of things- and even emailed in a
completed application yesterday. I will keep trying to reach them.
Jeff
From: Anil Cholakkara <Anil.Cholakkara@palmspringsca.gov>
Sent: Wednesday, August 21, 2024 12:35 PM
To: Jeff C <jeffc@niutoilet.com>
Subject: RE: Notice of Intent to Award - IFB 24-22 Restroom Trailers for Palm Springs International
Airport
Thanks Jeff.
Only few things to add is
1. COI needs Worker’s compensation and 30days cancellation clause. I am attaching a
sample from (with sections highlighted) one of our other contract for your easy
reference.
Docusign Envelope ID: B2BE58FD-AD03-4F61-AC2F-7E6239B03791
2. Also, Palm Springs business license, it may take a few days, but you can start applying
online or call our Business license department for any help.
Business License Tax | City of Palm Springs (palmspringsca.gov)
Please let me know if you have any questions.
Thank you,
Anil Cholakkara
City of Palm Springs | Procurement & Contracting
3200 E. Tahquitz Canyon Way, Palm Springs, CA 92262
760-322-8361 | Anil.Cholakkara@palmspringsca.gov
From: Jeff C <jeffc@niutoilet.com>
Sent: Wednesday, August 21, 2024 8:55 AM
To: Anil Cholakkara <Anil.Cholakkara@palmspringsca.gov>
Subject: RE: Notice of Intent to Award - IFB 24-22 Restroom Trailers for Palm Springs International
Airport
NOTICE: This message originated outside of The City of Palm Springs -- DO NOT CLICK on links or open
attachments unless you are sure the content is safe.
Anil,
Thanks for this- and we look forward to working with you.
As required and requested- see attached documents.
1. Vendor information sheet completed
2. Our W-8BEN form- which is the Canadian equivalent to a W-9 form.
3. The insurance form required.
Let me know if anything else is required or missing.
Thanks
Jeff
Docusign Envelope ID: B2BE58FD-AD03-4F61-AC2F-7E6239B03791