Agenda packet — Palm Springs City Council, January 11, 2024 (part 4 of 6)

6. Verification of Coverage. Consultant shall furnish City with both certificates of insurance and endorsements, including additional insured endorsements, effecting all of the coverages required by this Agreement. The cert ificates and endorsements are to be s igned by a person authorized by that insurer to bind coverage on its behalf. All proof of ins urance is to be received and approved by the City bef ore work commences. City reserves the right to require Consultant’s insurers to provide complete , certified c opies of all required insurance policies at any time. Additional insured endorsements are not required f or Errors and Omissions and Workers’ Compensation policies.

Verification of Insurance coverage may be provided by: (1) an approved General and/or Auto Liability Endorsement Form for the City of Palm Springs or (2) an acceptable Certificate of Liability Ins urance Coverage with an appro ved Additiona l I nsured Endorsement with the following endorsements stated on the certificate:

A. "The City of Palm Spri ngs, its officials, employees, and agents are named as an additional insured…” ("as respects C ity of Palm Springs Contract No.___" or "for any and all work performed with the City" may be included in this statement).

B. " This insurance is primary and non-c ontributory over any insurance or self - insurance the City may have..." ("as respects City of Pa lm Springs Contract No.___" or "for any and all work performed with the City" may be included in this statement).

C. " Should any of the above descr ibed policie s be canceled before the expiration date thereof, the issuing company will mail 30 days writte n noti ce to t he Certificate Holder named." Language such as, “endeavor to” mail and "bu t failure to mail such notice shall impose no obligation or liability of an y kind upon the company, its agents or representative" is not acceptable and must be crossed out.

D. Both the Workers’ Compensation and Employers' Liability policies shall contain the insurer's waiver of subrogation in favor of Cit y, its elected officials , officers, employees, agents, and volunteers.

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In addition to the endorsements listed above, th e Ci ty of Palm Springs shall be named t he certificate holder on the policies.

All ce rtificates of insurance and endorsemen ts are t o be received and approved by the City before work commences. All certificates of insurance must be authorized by a person w ith authority to bind coverage, whether that is the authorized agent/broker or insurance underwriter.

Failure to obtain the required documents prior to the commencement of work shall not waive the Consultant’s obligation to provide them.

7. Deductibles and Self -Insured Retentions . Any deduct ibles or sel f-insured retentions must be decla red to and approved by the City prior t o com mencing any work or Services under this Agreement. At the option of the City, either (1) the insurer shall reduce or eliminate such deductibles or self-insured retentions with respect to the City, its elected of ficials, officers, employees, agents, a nd volunteers; or (2) Co nsultant shall procure a bond guaranteeing payment of losses and related investigations, claim administratio n, a nd def ense expenses.

Certificates of Insurance must include evidence of the amount of any deductible or self -insured retention under the policy. Consultant guarantees payment of all deductibles and self -insured retentions.

8. Severability of Interest s (S eparation of Insureds) . This insur ance applies separately to each insured agains t whom claim is made or suit is brough t except with respect to the limits of the insurer’s liability.

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EXHIBIT “C”

EXECUTIVE ORDER N-6-22 CERTIFICATION

Item 3A - Page 99
EXECUTIVE ORDER N-6-22 CERTIFICATION
REQUESTS FOR QUALIFICATIONS (RFQ 36-23)

ON CALL PROJECT SERVICES
Executive Order N-6-22 issued by Governor Gavin Newsom on March 4, 2022, directs all agencies and departments that are subject to the Governor's authority to (a) terminate any contracts with any individuals or entities that are determined to be a target of economic sanctions against Russia and Russian entities and individuals; and (b) refrain from entering into any new contracts with such individuals or entities while the aforementioned sanctions are in effect
Executive Order N-6-22 also requires that any contractor that: (1) currently has a contract with the City of Palm Springs funded through grant funds provided by the State of California; and/or (2) submits a bid or proposal or otherwise proposes to or enter into or renew a contract with the City of Palm Springs with State of California grant funds, certify that the person is not the target of any economic sanctions against Russia and Russian entities and individuals.

Signature
1/rrai?f' ~hdl'b
Printed Name Joseph P. Jackson
Title: Joseph P. Jackson, President
Firm Name: RS&H California , Inc.

Date 11/7/2023
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
Item 3A - Page 100
FAA
- 01 Access to Records and Reports
APPLICABILITY – pertains to all contracts.

The Contractor must maintain an acceptable cost accounting system. The C ontractor agrees to provide the City, the Federal Aviation Administration and the Comptroller General of the U nited States or any of their d uly authorized representatives access t o 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 Item 3A - Page 101
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 cons truction, re habilitation, alteration, conversion, extension, demolition or repair of buildings, highways or other changes or improvements to re al 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 manu facture 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 professi onal 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 lan d acq uisition 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: not applicable Goals for female participation in each trade: not applicable 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 f or such geographical area where the work is actually per formed. With regard to t his second area, the C ontractor 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, s pecific affirmative action obligations required by the specifications set forth in 41 CFR 60-4.3(a) and its efforts to meet the g oals. Th e ho urs of minority and female employment and training must be Item 3A - Page 102
substantially uniform throughout the length of the contr act, and in each trade, and the Contractor shall make a good faith effort to employ minorities and women evenly on each of its projects. The transfer of minority or female employees or trainees from Contractor to Contractor or f rom project to project for t he sole purpose of meeting the C ontractor’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 ident ification 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 con tract 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 c ontracts that exceed the simplified acquisition threshol d 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 m anufactured product; cement and cementitious materials; aggregates such as stone, sand, or gravel; or aggregate binding agents or additives t hat are or consist primarily of: non- ferrous meta ls; 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 t he 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 progr am, 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 per son 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 exclu ded 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 Contract or, 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 § 2 000d 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 Depart ment 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 b een acquired because of Federal or Federal-aid programs and projects); • Section 504 of the Rehabilitation Act of 1973 (29 US C § 7 94 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 Right s Restoration Act of 1987 (PL 100- 259) (broadened the scope, coverage and applicability of Title VI o f the Civil Rights Act of 19 64, the Age Discrimination Act of 1975 and Section 504 of the Rehabilit ation Act of 1973, by expanding the definition of the term s “programs or activities” to include all of the programs or activities of the Federal -aid recipients, sub-recipients and contr actors, whether such programs or activities are Federally funded or not);
• Titles II and III of the Americans with Disabilitie s Act o f 1990 (42 USC § 12101, et seq) (prohibit discrimination on the basis of disability in the operation of public entities, publi c and private transportation systems, places of public a ccommodation, 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 sta tute (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 agai nst minority populations by discouraging programs, polic ies, and ac tivities with disp roportionately high and adverse human health or environmental effects on minority and low-income populations); • Executive Order 13166, Imp rov ing Access to Services fo r P ersons with Limited English Proficiency, and resulting agency guidance, national origin discrimination includes discrimination Item 3A - Page 107
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 1 972, as am ended, 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 Regulati ons: The Contractor (hereinafter includes consultants) wi ll comply with the Title VI List of Pertinent Nondiscrimination Acts an d 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 per formed by it duri ng the contract, will not discriminate on the grounds of race, color, national origin (including limited English proficiency), creed, sex (including sexual orientation a nd gender identity), age, or disability in the selection and retenti on of subcontractors, including procurements of materials and leases of equipment. The Contractor will not participate directly or indirectly in the discrimination prohibited by the Nondi scrimination 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 Procurement s of Materials and Equipment :

In all solicitations, either by competitive bidding or negotiation made by the Contract or for work to be performed under a s ubcontract, including procurements of materials, or leases of equipment, each potential subcontractor or supplier will be notifie d by the Contractor of the Contractor’s obligations under th is contract a nd 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 iss ued pursuant thereto and will permit access to its books, records, ac counts, 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 Contracto r 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 : I n the event of a Contractor’s noncompliance with the non-discrimination provisions of this contract, the City w ill impose such contract sanctions as it or the Federal Aviation Administra tion 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. Incor
poration of Pro visions: The Contractor will include the provisions of paragraphs one through six in every subcontract, including procure ments 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 Administrati on 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 m ay 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 lo wer tier c ontracts that exceed $150,000.

REQUIREMENT -
If the Agreement exceeds $150,000, Contractor agrees to comply with all applicable standards, orders, and regulations issued pursuant t o the Clea n 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 E nvironmental 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 H ours 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 cont racts not less than one and one- half times their basic rate of pay for all hours worked over 40 in a wor kweek.

CWHSSA prohibits unsa nitary, hazardous, or dangerous working conditions on federally - assisted projects. The Wage and Hour Division (WHD) within the U.S. D epartment of Labor (DOL) enforces the compensation requirements of this Act, while DOL’ s Occupational Safety and Health Ad ministration (OSHA) enforces the safety and health requirements.

Contract Types –
Construction – This provision applies to all c ontracts 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 manufact ure 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, m echanics, watchmen, and guards . This includes members of survey crews and exploratory drilling operations.

Property – While m ost land t ransactions 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 fo rty hours in such workweek unless such laborer or mechanic receives compensation at a rate not les s than one and one-half times the basic rate of pay for al l 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 thi s clause, the Contractor and any subcontractor respons ible 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 Colum bia or a territory, to such District or to such territory), for liquidated damages. Such liquidated damages shall be computed with respect to each indiv idual 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 cal endar day on which such individual was required or permitted to work in excess of the sta ndard workweek of forty hours wit hout payment of the overtime wages required by the clause set forth in paragraph (1) of this clause.

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3. Withholding for Unpaid Wages and Liquidated Damages.

The Federal Aviation Administration (FAA) or the City shall upon its ow n action or upon written request of an authorized representative of the Department of Labor withhol d or cause to be wi thheld, 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 pr ime C ontractor, or any other federally -assisted contract subject to th e Contract Work Hour s and Safety Standards Act, which is h eld by th e 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 cont ractor 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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F AA
– 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 const ruction 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 contr actor 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 al l construction cont racts and subcontracts financed under the AIP that exceed $2,000.

Professional Services –The emergence of different project delivery methods has created situations where Professional S ervice Agreements (PSAs) include tasks that meet the definiti on 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 b oundary 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 o r 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 subc ontractors are prohibited from inducing, by any means, any person e mployed on the project to give up any part of the compe nsation to w hich 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 pr ior week. City must rep ort any violations of the Act t o the Fe deral A viation Administration.

Reference: 2 CFR Part 200, Appendix II(D); 29 CFR Parts 3 and 5 Item 3A - Page 113
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 subc ontracts 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 manufact ured 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) i ncludes 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 i nvolve 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 labor ers and mechanics. The City must include this provision if th e land a cquisition 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 labor ers and me chanics 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 t han those contained in the wage determination of the Secretary of Labor w hich 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 rea sonably anticipated for bona fide fringe benefi ts 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 f or more than a w eekly 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 w age rate and fringe benefits on the wage determination for the classification of work actually performed, without regard to skill, except as Item 3A - Page 114
prov
ided in 29 CFR § 5.5(a)(4). Laborers or mechanics performing work in more than one classification may b e 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 determ ination (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 determinati on 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 rat e, incl uding 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 classi fication and wage rate (including the amount d esignated 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 o fficer, 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 (inc luding f ringe 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 cont ract from the first day on which work is perfor med 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 contracto r 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.

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v) If the Contractor does not make payments to a trustee or other third person, the Contractor may cons ider as part of the wages of any laborer or mec hanic the amount o f any costs reasonably anticipated in providing bona fide fringe benefits under a plan or program, Provided, that the Secretary of Labor has found, upon the written request of the Cont ractor, that the applicable standards of the Davis -Bacon Act hav e been m et. T he 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 t he same prime contractor, or any other federally -assisted con tract subject to Da vis-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 mechani cs, including apprentices, trainees, and hel pers, 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, Applica nt, 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 Dav is-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 o f apprenticeship programs and certification of trainee programs, th e registration of the apprentices and trainees, and the ratios and wage rates prescribed in the applicable programs. (ii)(A) Th e 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 pay rolls 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 Item 3A - Page 116
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l 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 informa tion 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 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 n ot such a party, the Contractor will submit them to the applicant, the City, or Owner, as the case may be, for transmission to t he 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 pay s 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), th e appropriate information is bei ng mai ntained 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 d uring the payroll period has been paid the ful l weekly wa ges earned, without rebate, either directly or indirectly, and that no deductions have been made either directly or indirectly f rom the full wages earned, other than permissible deductions as set for th in Regulations, 29 CFR Part 3;
(3) That ea ch 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 pro perly 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 a bove c ertifications 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 r equired 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 empl oyees during w orking 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.

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4. Apprentices and Trainees.
(i) Apprentices. Apprentices will be permitted to work at less than the predetermined rate for the work they performed when they are employed pursuant to and individually registered in a bona fide apprenticeship program registered w ith th e 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 Appr enticeship 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 per mitted to the contractor as to the ent ire wo rk 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 subc ontractor’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 p rogress, expressed as a percentage of the journeymen hourly rate spec ified in the a pplicable wage determination.

Apprentices shall be paid fringe benefits in accordance with the provisions of the apprenticeship program. If the apprenticeship program does not speci fy fringe benefits, apprentices must be paid the full amount of fri nge benefits listed on the wage determination for the applicable classification. If the Administrator determines that a different practice prevails for the applicable apprentice classificat ion, fring es shall be paid in accordance with that det ermination. I n the event t he Office of Apprenticeship Training, Employer and Labor Services, or a State Apprenticeship Agency recognized by t he Office, withdraws approval of an apprenticeship program, the Contractor will no longer be permitted to utilize apprentices at less than th e 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, Employ ment 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 sp ecified in the app roved program for t he 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 t he trainee program does not mention fringe benefits , trainees shall be paid the full amount of fringe benefits listed on the wage determination unless the Administrat or 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 train ing plan approved by the Employment and Training Item 3A - Page 118
Ad
ministration shall be paid not less than the applicable wage rate on the wage determination for the classification of work actually performed. In addition, any trainee performing work on the job site in excess of the ratio permitted under the registered program shall be paid not less than the applicable wage rate on the wage determination for the work actually performed. In the event the Employment and Training Administration withdraws approval of a training program, the Contractor will no longer be permitted to ut ilize trainees at l ess than the applicable predetermined rate for the work performed until an acceptable program is approved. (iii) E qual Employment Opportunity. The utilization of appr entices, trainees, and journeymen under this part shall be in conform ity with the e qual 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 Administrati on may by appropriate ins tructions requ ire, and als o 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 t heir 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 Item 3A - Page 119
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ded Government contrac ts by v irtue of section 3(a) of the Davis -Bacon Act or 29 CFR §

5.12(a)(1).
(ii) No part of this contract shall be subcontracted to any person or firm ineligible for award of a Government contract by virtue of section 3(a) of the Davis-Bacon Act or 29 CFR § 5.12(a)(1). (iii) The penalty for making false statements is prescribed in the U.S. Criminal Code, 18 USC § 1001.

Reference: 2 CFR Part 200, Appendix II(D) ; 29 CFR Part 5; 49 USC § 47112(b) ; 40 USC §§ 3141-3144, 3146, and 3147
Item 3A - Page 120
FAA –
11 Debarment and Suspension
APPLICABILITY - This requirement applies to covered transactions, which are defined in 2 CFR part 180 (Subpart B). AIP funded contr acts are non-procurement transactions, as defined by 2 CFR § 180.970. C overed 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 o r 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 neit her 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 t ier 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 thi s federally assisted project. The Contractor will accomplish this by:

1. C hecking 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 tr ansaction, the FAA ma y 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 s hall not discriminate on the basis of race, color, nat ional origin, or se x in th e 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) Assessin g 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 t his 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 contracto r agrees further to return retainage payments to each subcontrac tor within [30 days] days aft er the subcon tractor’s wo rk is satisfa ctorily completed. Any delay or postponement of payment from the above referenced time frame may occur only for good cause follo wing 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 C ontractor 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, in stances 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 t o perform the work and supply the materials for which each is listed unless the C ontractor obtains written consent of the City.

Unless City consent is provided, the prime Contractor shall not be entitled to any pa yment 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 DB E firm.

For purposes of this paragraph, good cause includes the circum stances listed in 49 CFR §26.53.

Before transmitting to the City it s request to terminate and/or substitute a DBE s ubcontractor, the prime C ontractor must give notice in writing to the D BE 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 a nd the Contractor of the reasons, if any, why it objec ts to t he proposed Item 3A - Page 122
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nation of its subcontract and why the City should not approve the prime C ontractor'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, “Te xt Messaging While Driving”, (12/30/2009), the Federal Aviation Administration encourages recipients of Federal g rant funds to adopt and enforce safety policies that decrease crashes by distracted drivers, including policies to ban text messagi ng while driving when performing work related to a gran t 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 distract ed dri vers, 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 thi s 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 compli ance with the National Defense Authorization Act [Public Law 115- 232 § 889(f)(1)].

Reference: 2 CFR § 200, Appendix II(K); 2 CFR § 200.216 Item 3A - Page 125
FAA
– 15 Drug Free Workplace Requirements
APPLICABILITY - This provision applies to all AIP funded proje cts, b ut not t o the contracts between the City and a contractor, subcontractors, suppliers, or subgrantees.

The Drug -Free Work place Act of 1988 requires some Federal contractors and all Federal grantees to agree that they will provide drug -free work places as a c ondition of r eceiving 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)

Item 3A - Page 126
FAA
– 16 Equal Employment Opportunity
APPLICABILITY – The purpose of this provision is to provide equal opportunity for all per sons, without regard to r ace, co lor, r eligion, 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 em ployment 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 s election for training, including apprenticeship. The Contract or 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 solicitatio ns or advertisements for employe es 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 Item 3A - Page 127
empl
oyee's essential job functions discloses t he compensation of such other employees or applicants to individuals who do not otherwise have access to such information, unless such disclosure is in response to a formal complaint or charge, in furtherance of an investigation, proceeding, hearing, or ac tion, 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 inf ormation 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 w ith 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; Item 3A - Page 128
c.
“Em ployer identification number” means the Federal social security number used on the Employer’s Quarterly Federal Tax Return, U.S. Treasury Department Form 941; d. “Minority” includes:
(1) Black (all persons having origins in any of the Black African racial groups not of Hispanic origin);
(2) Hispanic (all persons of Mexican, Puerto Rican, Cuban, Central or South American, or other Spanish culture or origin, regardless of race);
(3) A sian and Pacific Islander (all persons having origins in any of the ori ginal 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 ori ginal 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 Contrac tor 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 f or 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 fai th 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. T he Contractor shall implem ent 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 f emale 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 Fede ral Register in notice for m, 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.

Item 3A - Page 129

5. N
either the provisions of any collective bargaining agreement, nor the failure by a union with whom the Contractor has a collective bargaining agreement, to refer either minorities or women shall excuse the Contractor’s obligations under these specifications, Executive Order 11246, or the regulations promulgated pursuant thereto.

6. In order for the nonworking training hours of apprentices and trainees to be counted in meeting the goals, such apprentices and trainees m ust be emp loyed 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 sit es, 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 Contract or or its u nions 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 a nd female off -the-street applicant and minority or female ref erral 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 uni on 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 uni on 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 progr ams relevant to the Contracto r’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.

Item 3A - Page 130
f. D
isseminate the Contractor’s EEO policy by providing notice of the policy to unions and training programs and requesting their cooperation in assisting the Contractor in meeting its EEO obligations; by including it in any policy manual and collective bargaining agreement; by publicizing it in the company newspaper, annual report, etc.; by specific review of the policy with all management personnel and with all minority and female employees at least once a year; and by posting the company EEO policy on bulletin boards accessible to all emp loyees 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, l ayoff, termination, or other employment decisions including specifi c 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 meet ings, 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, fe male, 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 not ification to organizations such as the above, describing the openings, screening procedures, and tests to be used in the s election process.
j. E ncourage present minority and female employees to recruit other minority persons and women and, where reasonable, provide after school, summer, and vacation employment to m inority 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 an d evaluation at least of all minority and female personnel, f or 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 ot her 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.

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o. D
ocument and maintain a record of all solicitations of of fers 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, a t least annually, of all s upervisor’s adherence to and per formance under the Contractor’s EEO policies and affirmative action obligations.

8. Contractors are encouraged to participate in voluntary associations, which assist in fulfilling one or more of their aff irmative 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 m ore of its obligations under 7a through 7p of these speci fications 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 indus try, ensures that the concrete benefits of the program are reflected in the Contract or’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 demonstra tes th e 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 fo r 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. Cons equently, 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, col or, 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 carr y o ut 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 am ended, 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 it s 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 effo rts to ensure equal employment opportunity. If the Contractor fails to comply wi th the Item 3A - Page 132
requi
rements 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, apprent ice, trainee, helper, or laborer), dates of changes in status, hours worked per week in the indicated trade, rate of pay, and locations at which the work was performed. Records shall be maintained in an easily understandable and retrievable form; however, to the degree that existing records satisfy this requirement, contractors shall not be required to maintain separate records.

15. Nothing herein provided shall be construed as a limitation upon the application of other laws which establish different standard s of c ompliance 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 p ay 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 t hat takes place in connection with obtaining any Federal award.

For an award over $100,00, the bidder or offero r certifies by signing and submitting this bid or proposal, to the best of his or her knowledge and belief, that:
(1) 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. (2) 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.
(3) 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 t his 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 mus t 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. Ex amples include the installation of noise monitoring equipment.

Property/Land – Land acquisition contracts that include tas ks that qualify as cons truction 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 Item 3A - Page 136
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 an d Health Administration (OSHA) o versees the workplace health and safety standards wage provisions from OSH.

REQUIREMENT -
All contracts and subcontracts that result from t his solicitation incorporate by r eference 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 res ponsibility 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 mus t address any claims or disputes that pertain to a referenced requirement directly with th e 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 – C ontract 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 recove ry of EPA- designated products if the contractor can demonstrate the item is:
a) Not reasonably available within a timeframe providing f or compliance w ith the contrac t 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 exper imental, 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 seismi c 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 Item 3A - Page 142
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 contrac t or subcontract for this project with a person that is a citizen or national of a foreign country included on the list of countries t hat discriminate against U.S. firms as published by the USTR; and 3) h as 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 w ithin the jurisdict ion of an agency of the United S tates of America and the making of a false, fic titious, 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 n otice to the Contractor if at any time it learns th at its certification wa s erroneous by reason of changed circumstances.

Unless the restrictions of this clause are waived by the Secre tary 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 discriminat e against U.S. firms published by the USTR or
2) whose subcontractors a re 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 o n 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 Item 3A - Page 143
dis
criminate against U.S. firms as published by USTR, unless the Contractor has knowledge that the certification is erroneous.

This certification is a material represent ation of f act upon which reliance was placed when making an award. If it is later d etermined that the Contractor or subcont ractor 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

Item 3A - Page 144
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 supervis ory 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 execut ive, 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 veter ans readily available and qualified to perform the work to which the employment relates.

Reference: 49 USC § 47112(c)
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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)

Item 3A - Page 146

ATTACHMENT C
CONSULTING SERVICES AGREEMENT NO. 23Q389
WITH RS&H CALIFORNIA, INC.

Item 3A - Page 147
C ONSULTING SERVICES AGREEMENT 23Q389

ON-CALL PROJECT SERVICES FOR PALM SPRINGS
INTERNATIONAL AIRPORT – ENVIRONMENTAL

THIS AGREEMENT FOR CONSULTING SERVICES (“Agreement”) is made and entered into on January 15, 2024, by and between the City of Palm Sp rings, a California charter city and municipal corporation (“City”), and RS&H California, Inc., a California Corporation, (“Consultant”). City and Consultant are individually referr ed to as “Party” and are collectively referred to as the “Parties”.

RECITALS

A. City requires the services of an environmental firm, for On Call Project Services , (“Project”).

B. Consultant has submitted to City a proposal to provide environmental services, to City under the terms of this Agreement.

C. Based on its experience, education, training, and reputation, Consultant is qualified and desires to provide the necessary services to City for the Project.

D. City desires to retain the services of Consultant for the Project.

NOW, THEREFORE, in consideration of the promises and mutual obli gations, covenants, and conditions contained her ein, a nd ot her val uable consi deration, the receipt and sufficiency of which are hereby acknowledged, the Parties agree as follows:

AGREEMENT

1. CONSULTANT SERVICES

1.1 Scope of Services . In compliance with all terms and cond itions of this Agreement, Consultant shall provide services to City as described in the Scope of Services/Work attached to this Agreement as Exhibit “A” and incorporated by reference (the “Services” or “Work”). Exhibi t "A" includes the agreed upon schedule of performance and the schedule of fees. Ser vices shall be performed in a competent, professional, and satisfactory manner consistent with the level of care and skill ordinarily exercised by experienced, and well qualified members of the profession currently practicing under similar conditions. In the event of any inconsistency between the terms contained in the Scope of Services/Work and the terms set forth in this Agreement, the terms set forth in this Agreement shall govern.

1.2 Compliance with Law . Consultant shall comply with all applicable fed eral, state, and local laws, statutes and ordinances and all lawful orders, rules, and regulations when performing the Services. Consultant shall be liable for all violations of such laws and regulations in connection with the Services and this Agreement.

Item 3A - Page 148

1.3 Licenses and Permits . Consultant shall obtain at its sole cost an d expense such licenses, permits, and approvals as may be required by law for the performance of the S ervices required by this Agreement.

1.4 Familiarity with Work . B y executing this Agreement, Consultant represents that it has carefully considered how the Work should be performed and fully understands the facilities, difficulties, and restrictions attending performance of the Work under this Agreement.

2. TIME FOR COMPLETION
The time f or completion of the Services to be performed by Consultant is an essenti al condition of this Agreement. Consultant shall prosecute regularly and diligently the work of this Agreement according to the agreed upon s chedule of performance set forth in Exhibit “A .” Neither Party shall be accountable for delays in performance caused by any condition beyond the reasonable control and without the fault or negligence of the non -performing Party. Delays shall not entitle Consultant to any additional compensation regardless of the P arty responsible for the delay.

3. COMPENSATION OF CONSULTANT

3.1 Compensation of Consultant. Consultant shall be compensated and reimbursed for the services render ed under this Agreement in accordance with the schedu le of fees set forth in Exhibit “A”. The total amount of Compensation shall not exceed $4,000,000.

3.2 Method of Payment . In any month in which Consultant wishes to receive payment, Consultant shall submit to City an invoice for Services rendered prior to the date of the invoice, no later than the first working day of such month, in the f orm approved by City’s finance director. Payments shall be based on the hourly rates set forth in Exhibit “A” fo r authorized services performed. City shall pay Con sultant for all expenses stated in the invoice that are approved by City and consistent with this Agreement, within thirty (30) days of receipt of Consultant’s invoice.

3.3 Changes . In the event any ch ange or changes in the Scope of Services/Work is requested by City, Par ties shall execute a written amendment to this Agreement, specifying all proposed amendments, including, but not limited to, any additional fees. An amendment may be entered into:

A. To provid e for revisions or mo difications to documents , work product, or Work, when required by the enactment or revision of any subsequent law; or B. To provide for additional services not included in this Agreement or not customarily furnished in accordance with generally accepted practice in Consultant’s profession.

3.4 Appropriations. This Agreement is subject to, and contingent upon, funds being appropriated by the City Council of City for each fiscal year. If such appropriations are not made, this Agreement sha ll terminate w ithout penalty to City. City shall promptly not ify Consultant of such termination.

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4. PERFORMANCE SCHEDULE

4.1 Time of Essence. Time is of the essence in the performance of this Agreement.

4.2 Schedule of Performance. All Services rendered under this Agreement shall be performed under the agreed upo n schedule of performance set forth in Exhibit “A.” Any time period extension must be approved in writing by the Contract Officer. Notwithstanding the foregoing, Consultant shall not be responsi ble for delays due to causes beyond Consult ant's reasonable control including, Force Majeure Events described in Section 4.3.

4.3 Force Majeure. The time for performance of Services to be rendered under this Agreement may be extended because of any delays due to a Forc e Majeure Event, if Consultan t notifies the Contract Officer within ten (10) days of the becoming aware of the Force Majeure Event. A For ce Majeure Event shall mean an event that materially affects the Consultant’s performance and is one or more of the following: (1) Acts of God or ot her natural disast ers occurring at the project site; (2) terrorism or other acts of a public enemy; (3) orde rs of governmental authorities (including, without limitation, unreasonable and unforeseeable delay in the issuance of permits or approvals by gover nmental authorities that are required for the Work); and (4) pandemics, epidemics or quarantine restrictions. For purposes of this section, “orders of governmental authorities,” includes ordinances, emergency proclamations and orders, rules to protect the public health, wel fare and safety, and other actions of the City in its capacity as a municipal authority. After Consultant notification, the Contract Officer shall investigate the facts and the extent of any nece ssary delay and extend the time for performing the Services f or the period of the enforced delay when and if, in the Contract Officer’s judgment, such delay is justified. The Contract Officer’s determination shall be final and conclusive upon the Parties t o this Agreement. The Consultant will not r eceive an adjustment to the contract price or any other compensation. Notwithstanding the foregoing, the Cit y may still terminate this Agreement in accordance with the termination provisions of this Agreement.

4.4 Term. Unless earlier terminated in accordance with Section 4.5 of this Agreement, this Agreement shall con tinue in full force and effect for a period of five years, commencing on January 15, 2024, and endin g on January 14, 2029, unless extended by mutual written agreement of the parties.

4.5 Termination Prior to Expiration of Term . City may terminate this Agreement at any time, with or without cause, upon thirty (30) days written notice to Consultant. Where termination is due to the f ault of Consultant and constitutes an immediate danger to health, safety, and general welfare, the period of notice shall be such shorter time as may be determined by the City. Upon receipt of the notice of termination, Consultant shall immediately cease a ll Services except such as may be speci fically approved by the Contract Officer. Consultant shall be entitled to compensation for all Services rendered prior to receipt of the notice of termination and for any Services authorized by the Contract Officer after such notice. City shal l not be liable for any costs other than the charges or portions thereof which are specified herein. Consultant shall not be entitled to payment for unperformed Services and shall not be entitled to damages or compensation for termination of Work. If the termination is for cause, the Ci ty shall have the right to take whatever steps it deems necessary to correct Consultant's deficiencies and charge Item 3A - Page 150
the cost thereof to Consultant, who shall be liable for the full cost of the City's c orrective action.

Consultant shall be given reasonable opportunity to cure or remedy the deficiencies prior to any corrective action or termination by the City. Consultant may not terminate this Agreement except for cause upon thirty (30) days written notice to City.

5. COORDINATION OF WORK

Therefore, t he foregoing principal shall be responsible during the term of this Agr eement f or directing all activities of Consultant and devoting sufficient time to personally supervise the Services under this Agreement. The foregoing principal may not be changed by Consultant without prior written approval of the Contract Officer.

5.2 C ontract Officer. The C ontract Officer shall be the City Manager or his/her designee ("Contract Officer"). Consultant shall be responsible for keeping the Contract Officer fully infor med of the pr ogress of the performance of the Services . Consultant shall refer any decisions that must be made by City to the Contract Officer. Unless otherwise specified, any approval of City shall mean the approval of the Contract Officer.

5.3 Prohibition Against Su bcontracting or As signment. The experience, knowledge, education, capability, and reputation of Consultant , its principals and employees, were a substantial inducement for City to enter into this Agreement. Consultant shall not contract with any other in dividual or entity to perform any Services required under this Agreement without the City's express written approval. In addition, neither this Agreement nor any interest may be assigned or transferred , voluntarily or by operation of law, without the prior written approval of City. Subcontracts, if any, shall c ontain a provision making them subject to all provisions stipulated in this Agreement including without limitation the insurance and indemnification requirements. If Consultant is perm itted to subc ontract any part of this Agreement by City, Consultant shal l be re sponsible to City for the acts and omissions of its subcontractor(s) in the same manner as it is for persons directly employed. Nothing contained in this Agreement shall create any contractual relationships between any subcontractor and City.

5.4 I ndependent Consultant. N either City nor any of its employees shall have any control over the manner, mode , or means by which Consultant , its agents or employees, perform the Services required, exc ept as otherwise specified. Consultant shall perform all requir ed Services as an independent Consultant of City and shall not be an employee of City and shall remain at all times as to City a wholly in dependent Consultant with only such obligations as are consistent with that role; however, City shall have the right to review Consultant’s work product, result, and advice. Consultant shall not at any time or in any manner represent that it or any of its agents or employees are agents or employees of City. Consultant shall pay all wages, salaries, and other amounts due personnel in connection with their performance under this Agreement and as required by law. Consultant shall be responsible for all reports and obligations respecting such personnel, including, but not limite d to: social security taxes, income tax withhold ing, Item 3A - Page 151
unemployment insurance, and workers’ compensation insurance. Consultant shall not have any authority to bind City in any manner.

5.5 Personnel. Consultant agrees to assign the following individuals to perform the Services in this Agreement. Consultant shall not alter the assignment of the following personnel without the prior written approval of the Contract Officer. Acting through the City Manager, the City shall have t he unrestricted rig ht to order the removal of any personnel assigned by Consultant by providing written notice to Consultant.

Name: Title:

Joe Jackson Contract Manager / Project Executive
Karin Bouler Environmental Project Manager
Dave Full, AICP Quality Control

5.6 California Labor Code Requirements.

A. Consultant is aware of the requirements of California Labor Code Sections 1720 et seq. and 1770 et seq., which requi re the paym ent o f prevailing wage rates and the performance of other requirements on certain “public works” and “maintenance” proje cts (“Prevailing Wage Laws”). If the S ervices are being performed as part of an applicable “public works” or “m aintenance” p roject, as de fined by the Prevailing Wage Laws, and if the total compensation is $15,000 or more for maintenance or $25,000 or more for construction, alteration, demolition, installatio n, or repair, Consultant agrees to fully comply with such Prevailing Wage Laws. Consul tant shall defend, indemnify and hold the City, its officials, officers, employees and agents free and harmless fro m any claims, liabilities, costs, penalties or interest arising out of any failure or alleged failure to comply w ith the Prevailing Wage Laws. It shall be mandatory upon the Consultant and all subcontractors to comply with all California Labor Code provisions, which include but are not limited to prevailing wages (Labor Code Sections 1771, 1774 and 1775), employment of a pprentices (Labor Code Section 1777.5), certified payroll records (Labor Code Sections 1771.4 and 1776), hours of labor (Labor Code Sections 1813 and 1815) and debarment of contractors and subcontractors (Labor Code Section 1777.1).

B. If the Services are being performed as part of an applicable “public works” or “maintenance” project and if the total co mpensation is $15,000 or more for maintenance or $25,000 or more for construct ion, alteration, demolition, installation, or repair, then pursuant to Labor Code Sections 1725.5 and 1771.1, the Consultant and all subcontractors performing such Services must be registered with the Department of Industrial Relations. Consultant shall maintain registration for the duration of the Project and require the sa me of any subcontractors, as applicable. This Agreement may also be subject to compliance monitoring and e nforcement by the Department of Indus trial Relations. It shall be Consultant’ s sole responsibility to comply with all applicable registration and labor compliance requirements.

Item 3A - Page 152

6. INSURANCE
Consultant shall procure and maintain, at its sole cost and expense, policies of insurance as set forth in the attached Exhibit "B", incorporated herein by reference.

7. INDEMNIFICATION.

7.1 Indemnification. To the fullest extent per mitted by law, Consultant shall defend (at Consultant ’s sole cost and expense), indemnify, protect, and hold harmless Ci ty, its elected officials, officers, empl oyees, agents, and volunteers ( collectively the “Indemnified Parties”), from and against any and all liabilities, actions, suits, claims, demands, losses, costs, judgments, arbitration awards, settlements, damages, demands, orders, penalties, and expenses including legal costs and attorney fees (collectively “Claims”), includ ing but not l imited to Claims arising from injuries to or death of persons ( Consultant’s employees included), for damage to property, including property owned by City, for any violation of any federal, state, or local law or ordinance or in any manner aris ing out of, pertaining t o, or incident to any acts, errors or omissions, or willful misconduct committed b y Consultant , its officers, employees, representatives, and agents, that arise out of or rel ate to Consultant’s performance of Services or this Agreement. This indemnification clause excludes Claims arising from the sole negligence or willful misconduct o f the Indemnified Parties. Under no c ircumstances shall the insurance requirements and limits set forth in this Agreement be construed to limit Consul tant’s indemnification obligation or other liability under this Agreement. Consultant ’s indemnification obligation shall survive the expiration or earlier termination of this Agreement until all a ctions against the Indemnified Parties for such matters in demnified are fully and fi nally barred by the applicable statute of limitations or, if an action is timely filed, until such action is final.

7.2 Design Professional Services Indemnification and Reimbursement. If Consultant’s obligation to defend, indemnif y, and/or hold har mless arises out of Consultant ’s performance as a “design professional” (as that term is defined under Civil Code section 2782.8), then, and only to the extent required by Civil Code section 2782.8, which is fully incorporated herein, Consultant’s indemnification obligation shall be limited to the extent which the Claims arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the Consultant in the performance of the Services or this Agreement, and, upon Consultant obtaining a final adjudication by a court of competent jurisdiction, Consultant ’s liability for such claim, including the cost to defend, shall not exceed the Consultant’s proportionate percentage of fault.

8. RECORDS AND REPORTS

8.1 Reports. Consultant shall periodically prepare and submit to the Contract Officer reports concerning the per formance of the Services required by t his Agreement , or as the Contract Officer shall require.

8.2 Records. C onsultant shall keep complete, accurate, and detailed accounts of all time, costs, expenses, and expenditures pertaining in any way to this Agreem ent. Consultant shall keep such books and records as shall be necessary to pro perly perform the Services required by this Agreement and enable the Co ntract Officer to evaluate the performance of such Services. The Contract Officer shall have full and free access to such books and records at all Item 3A - Page 153
reasonable times, including the right to inspect, copy, audit , and m ake records and transcripts from such records.

8.3 Ownership of Documents . All drawings, specifications, reports, records, documents, and other materials prepared by Consultant in the performance of this Agreement shall be t he property of City upon payment of all amounts due. Consultant shall deliver all above-referenced documents to City upon request of the Contract Officer or upon the termination of this Agreement. Consultant shall have no claim for further employment or additional compensation as a resu lt of the exercise by City of its full rights or ownership of the documents and materials. Consultant may retain copies of such documents for Consultant's own use.

Consultant shall have an unrestricted right to use the concepts embodied in such documents.

8.4 Release of Documents . All drawings, specifications, reports, re cords, documents, and other materials prepared by Consultant in the performance of Services under this Agreement shall not be released publicly without the prior written approval of the Contract Officer.

8.5 Audit and Inspection of Records . After receipt of reasonable notice and during the regular business hours of City, Consultant shall provide City, or other agents of City, such access to Consultant’s books, records, payroll documents, a nd facilities as City deems necessary to examine, copy, audit, and i nspect all accounting books, records, work data, documents, and activities directly related to Consultant’s performance under this Agreement. C onsultant shall maintain s uch books, records , data, and documents in accordance with generally accepted accounting principles and shall cl early identify and make such items readily accessible to such parties during the term of this Agreement and for a peri od of three (3) years from the date of final payment by City hereunder.

9. ENFORCEMENT OF AGREEMENT

9.1 Californi a Law. This Agreement shall be construed and interpreted both as to validity and to performance of the parties in accordance with the laws of the State of California.

Legal actions concerning any dispute, claim , or matter arising out of or in relation to this Agreement shall b e ins tituted in the Superior Court of the County of Ri verside, State of California, or any other appropriate court in such county, and Consultant covenants and agrees to submit to the personal jurisdiction of such court in the event of such action.

9.2 Interpretation. This Agreement shall be construed as a w hole according to its fair language and common meaning to achieve the objectives and purpose s of the Parties. The terms of this Agreement are contractual and the result of negot iation between the Parti es.

Accordingly, any rule of construction of contracts (including, without limitation, California Civil Code Section 1654) that ambiguities are to be construed agai nst the drafting party, shall not be employed in the interpretation of thi s Agreement. The caption headings of the various sections and paragraphs of this Agreement are for convenience and identification purposes only and shall not be deemed to limit, expand, or define the contents of the respective sections or paragraphs.

9.3 Waiver . No delay or o mission in the exercise of any right or remedy of a non- defaulting party on any default shall impair such right or remedy or be construed as a waiver.

No consent or approval of City shall be deemed to waive or render unnecessa ry City’s consent to Item 3A - Page 154
or approval of any subsequent act of Consultant. Any waiver by either party of any default must be in writing. No such waiver shall be a waiver of any other default concerning the same or any other provision of this Agreement.

9.4 Rights a nd Remedies are Cu mulative. Except with respect to rights and remedies expressly declared to be exclusive in this Agreement, the rights a nd remedies of the parties are cumulative. The exercise by either P arty of one or more of such rights or remedie s shall not preclude the e xercise by it, at the same or different times, of an y other rights or remedies for the same default or any other default by the other Party.

9.5 Legal Action. In addition to any other rights or remedies, either Party may take legal action, in law or in equit y, to cure, correct , or remedy any default, to re cover damages for any default, to compel specific performance of t his Agreement , to obtain injunctive relief, a declaratory judgment, or any other remedy consistent with the purposes of this Agreement.

9.6 A ttorney Fees. In the event any dispute between t he Parties with respect to this Agreement results in litigation or any non-judi cial proceedi ng, the prevailing Party shall be entitled, in addition to such other relief as may be granted, to recover fro m the non-prevailing Party all reasonable costs and expenses. These include but are not limited to reasonable attorney fees, expert consultant fees, court costs and all fees, costs, and expenses incurred in any appeal or in collection of any judgment entered in such proceeding.

10. CITY OFFICERS AND EMPLOYEES: NON-DISCRIMINATION

10.1 Non-Liability of City Officers and Em ployees. No officer or employee of City shall be personally liable to the Consultant , or any successor -in-interest, i n the event of any default or breach by City or for any amount which may become due to the Consultant or its successor, or for breach of any obligation of the terms of this Agreement.

10.2 Conflict of Interest. Consultant acknowledges that no officer or employee of the City has or shall have any direct or indirect financial i nterest in this Agreement, nor shall Consultant enter into any agr eement of any kind with any such officer or employee during the term of this Agreement and for one (1) year thereafter. Consultant warrants that Consultant 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.

10.3 Covenant Against Discrimination . In connection with its performa nce un der this Agreement , Consultant 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 stat us, cu ltural or linguist ic characteristics, or ethnicity), sexual orientation, gender identity, gender expression, physical or mental disability, or medical condition (each a “prohibited basis”). Consultant 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, Consultant certifies that its actions and omissions hereunder shall not incorporate any discrimination arising from or related to any prohibited basis in any Consultant activity, including but not limited to the following: employment, upgrading, demotion or transfer; recruitment or recruitment advertising; layof f or termination; rates of pay Item 3A - Page 155
or other forms of compensation; and selection for training, including apprenticeship; and further, that Consultant is in full compliance wi th the provisions of Palm Springs Municipal Code Section 7.09.040, including without l imitation the provision of benefits, relating to non- discrimination in city contracting.

11. MISCELLANEOUS PROVISIONS

11.1 Notice. Any notice, demand, request, consent, approval, or com munication that either Party desires, or is required to give to the other Party or any other pe rson shall be in writing and either served personally or sent by pre -paid, first-class mail to the address set forth below. Notice shall be deemed communicated seventy- two (72) hours from the time of mailing if mailed as provided in this Section. Either Party may change its address by notifying the other Party of the change of address in writing.

To City: City of Palm Springs
Attention: City Manager/ City Clerk
3200 E. Tahquitz Canyon Way
Palm Springs, California 92262

To Consultant: RS&H California, Inc.

Attention: Joe Jackson, President
5901 W. Century Boulevard, Suite 1030
Los Angeles, CA 90045

11.2 Integrated Agreement . This Agreement constitutes the entire understanding between the Parties and supersedes and cancels all prior negotiations, a rrangements, agreements, representations, and understandings, if any, made by or among the P arties with respect to the subject matter in this Agreement.

11.3 Amendment. No amendments or other modifications of this Agreement shall be binding unless through written agreement by all Parties.

11.4 Severability. Whenever poss ible, each pr ovision of thi s Agreement shall be interpreted in such a manner as to be effective and valid under applicable law. In the event that any one or more of the phrases, sentences , clauses, paragraphs, or sections contained in this Agreement shall be declared invalid or unenforceable by valid judgment or decree of a court of competent jurisdiction, such invalidity or unenforceability shal l not affect any of the re maining phrases, sentences, clauses, paragraphs, or sections of this Agreement, which shall be interpreted to carry out the intent of the parties.

11.5 Successors in Interest . This Agreement shall be binding upon and inure to the benefit of the Parties’ successors and assignees.

11.6 Third Party Beneficiary . Except as may be expressly provided for i n this Agreement, nothing contained in this Agreement is intended to confer, nor shall this Agreement Item 3A - Page 156
be construed as conferring, any rights, including, without limitation, an y rights as a third-party beneficiary or otherwise, upon any entity or person not a party to this Agreement.

11.7 Recitals. The above -referenced Recitals are hereby incorporated into the Agreement as though fully set forth i n this Agreement and each Party acknowledges and agrees that such Party is bound, for purposes of this Agreement, by the same.

11.8 Authority. The persons executing this Agreement on behalf of the P arties warrant that they are duly authorized to execute this Agreement on behalf of Parties and that by so executing this Agreement the Parties are formally bound to the provisions of this Agreement.

11.9 Counterparts. This Agreement may be signed in counterparts, each of which shall constitute an original.

12. 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 wi th California Executive Order N-6-22 (“Russian Sanctions Program”). As part of this compliance process, Consult ant shall als o certify co mpliance with the Russian Sanctions Program by completing the form located in Attachment “C” (Russian Sanctions Certifi cation), 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.

13. FEDERAL PROVISIONS
Since funding for the S ervices is provided, in whole or in part, by the Federal Aviation Administration, Supplier shall also fully and adequa tely comply with th e provisions included in Exhibit “D” attached hereto and incorporated herein by reference (“Federal Provisions”). With respect to any conflict b etween such Federal Provisions and the terms of this Agreement and/or the provisions of state law, the more stringent requirement shall control. [SIGNATURES ON NEXT PAGE]
Item 3A - Page 157

SIGNATURE PAGE TO AGREEMENT BY AND BETWEEN THE CITY OF PALM SPRINGS AND RS&H CALIFORNIA, INC.

IN WITNESS WHEREOF, the P arties have executed this Agreement as of the dates s tated below.

CONTRACTOR:

By: _______________________________________ By: _________________________________________ Signature Signature
(2nd signature required for Corporations)

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

Item 3A - Page 158
EXHIBIT “A”

SCOPE OF SERVICES/WORK

Including,

Schedule of Fees

And

Schedule of Performance
Item 3A - Page 159

SCOPE OF WORK

1.0 Background:

1. T he Palm Springs International Airport (Airport) is a Small Hub airport owned and operated by the City of Palm Springs under the administration of the Cit y’s Department of Aviation. The Airport is located in eastern Riverside County, approximately 2.5 miles east of the central business district of Palm Springs, California (3400 East Tahqui tz Canyon Way). P SP Air port is a key component in local tourism which is the largest industry for the nine- city Coachella Valley. The Airport is exper iencing extensive gr owth with nearly 3 millio n total passengers in calendar year 2022 and hosting 13 airl ines providing 70 daily f lights during peak season. PSP also features Signature Flight Support, Atlantic Aviation, private hangars, two runways, an Air Museum, and an FAA Air Traffic Control Tower.

2. The Airport utilizes consultant services in the various disciplines of work to assist the Airport with the planning, design and management of various projects on an as needed basis as outlined in the scope below.

3. Work will be on an as needed on call basis. Authorization of the work will be by individual task orders. No specific amount of work is guaranteed and the contract values are based on budget amounts for projected needs.

1.1 Scope:

A. Environmental Services
Consultant will provide environmental support services to assist Airport and City staff with preparation of the environmental documentation required under the California Environmental Quality Act (CEQA), the National Environmental Policy Act (NEP A), the California Clean Water Act, or other applicable environmental requirements for on-airport improvement projects. Additional services associated could include fi eld surveys, environmental reports, historical analyses, and necessary fieldwork and documentation to comply with the federal Clean Air Ac t General Conformity requirements. Provide assistance with compiling and creating proper documents and studies for the Historic Preservation component CEQA and NEPA requirements .

Projects may include the following:
 Wildlife Hazard Assessments/analyses and associated permits and plans.  Misc. environmental assessments, analyses, and documentation.

1.2 Schedule:

Work will be conducted on an as needed basis and authorized by individual task orders for the work. Each task order will outline the timeframe to complete the work.

1.3 Compensation:

Work will be compensated on an either an hourly rate time and material or lumpsum ba
sis as outlined in the task order. Contract pricing includes all labor, expenses, and incidentals to complete the work outlined in the contract scope. The Contractor may request monthly payments based on the percentage of work completed for the previous month as long as a detailed progress report is provided to support the amount requested. No additional compensation will be due by the City unless the contract is mo
dified for additional work requested by the City.

Item 3A - Page 160

Item 3A - Page 161
Palm Springs International Airport
Hourly Rate Schedule
On Call Project Services
RS&H California, Inc.

Total Loaded Rate Through
Employee Classification December 2024
Intern $78
Aviation Planner 1 $116
Aviation Planner 2 $134
Aviation Planner 3 $156
Aviation Planner 4 $203
Aviation Planner 5 $234
Aviation Planner 6 $265
Aviation Planner 7 $297
Aviation Planner 8 $406
Environmental Planner 1 $125
Environmental Planner 2 $134
Environmental Planner 3 $175
Environmental Planner 4 $203
Environmental Planner 5 $234
Environmental Planner 6 $265
Environmental Planner 7 $390
Environmental Planner 8 $515
Airfield Engineer 1 $131
Airfield Engineer 2 $140
Airfield Engineer 3 $159
Airfield Engineer 4 $197
Airfield Engineer 5 $256
Airfield Engineer 6 $297
Airfield Engineer 7 $312
Airfield Engineer 8 $359
Aviation Architect 1 $119
Aviation Architect 2 $134
Aviation Architect 3 $172
Aviation Architect 4 $187
Aviation Architect 5 $228
Aviation Architect 6 $250
Aviation Architect 7 $297
Aviation Architect 8 $359
Buildings Engineer 1 $125
Buildings Engineer 2 $140
Buildings Engineer 3 $172
Buildings Engineer 4 $187
Buildings Engineer 5 $265
Buildings Engineer 6 $297
Buildings Engineer 7 $312
Buildings Engineer 8 $359
Admini strative Assistant 1 $78
Admin istrat ive Assistant 2 $84
Administrative Assistant 3 $100
Admini strative Assistant 4 $109
Project Officer $500
EXHIBIT “B”

INSURANCE PROVISIONS

Including

Verification of Coverage,

Sufficiency of Insurers,

Errors and Omissions Coverage,

Minimum Scope of Insurance,

Deductibles and Self-Insured Retentions, and

Severability of Interests (Separation of Insureds)
Item 3A - Page 162

INSURANCE

1. Procurement and Maintenance of Insurance. Consultant shall procure and maintain public liability and property damage insurance against all claims for injuries against persons or damages to property resulting from Consultant’s performance under this Agreement.

Consultant shall procure and maintain all insurance at its sole cost and expense, in a form and content satisfactory to the City, and submit concurrently with its execution of this Agreement.

Consultant shall also carry workers’ compensation insurance in accordance with Ca lifornia workers’ compensation laws. Such insurance shall be kept in full force and effect during the term of this Agreement, including any extensions. Such insurance shall not be cancelable without thirty (30) days advance written notice to City of any pr oposed cancellation. Certificates of insurance evidencing the foregoing and des ignating the City, its elected officials, officers, employees, and authorized agents, as additional insureds by original endorsement shall be delivered to and approved by City prior to commencement of Services. The procuring of such insurance and the del ivery of policies, certificates, and endorsements evidencing the same shall not be construed as a limitation of Consultant’s obligation to indemnify City, its elected officials, officers, agents, employees.

2. M inimum Scope of Insurance . The minimum amount of insurance requir ed under this Agreement shall be as follows:

A. Comprehensive general liability and personal injury with limits of at least one mi llion dollar s ($1,000,000.00) combined single limit coverage per occurrence and two million dollars ($2,000,000) general aggregate;
B. Automobile liability insurance with limits of at least one million dolla rs ($1,000,000.00) per occurrence;
C. Professional liability (errors a nd omissions) insurance with limits of at least one million dollars ($1,000,000.00) per occurre nce an d two m illion dollars ($2,000,000) annual aggregate is:
___ X _ _ required
_____ ___ is not required;
D. Workers’ Compensation insurance in the statutory amount as required by the State of California and Employer’s Liability Insurance with limits of a t le ast on e million dollars $1 million per occurrence. If Consultant has no employees, Consultant shall complete the City’s Request for Waiver of Workers’ Compensation Insurance Requirement form.

3. Primary Insurance. For any claims related to this Agreement, Consultant’s insurance coverage shall be primary with respect to the City and its respective elected officials, officers, employees, and authorized agents. Any insurance or self -insurance maintained by City and its respective elected officials, officers, employees, and authorized agents, shall be in e xcess of Consultant’s insurance and shall not contribute with it. For Workers’ Compensation and Employer’s Liability Insurance only, the insurer shall waive all rights of subrogation and Item 3A - Page 163
contribution it may have against City, its elected officials, officer s, employees, and authorized agents.

4. Errors and Omissions Coverage . If Errors & Omissions Insurance is r equired, and if Consultant provides claims made profes sional liability insuranc e, Consultant shall also agree in writing either (1) to purchase tail insurance in the amount required by this Agreement to cover claims m ade w ithin t hree years o f the completio n of Consultant ’s Services under this Agreement, or (2) to maintain professiona l liability in surance coverage with the same carrier in the amount required by this Agreement for a t least three years after completion o f Consultant’s Services under this Agreement. Consultant shall also be required to provide evidence to City of the purchase of the required tail insurance or continuation of the professional liability policy.

5. Sufficiency of Insurers. Insurance requir ed in this Agreement shall be provided by authorized insurers in good standing with the State of California. Coverage shall be provided by insurers admitted in the State o f California with an A.M. Best’s Key Rating of B++, Class VII, or better, unless otherwise acceptable to the City.

6. Verification of Coverage. Consultant shall furnish City with both certificates of insurance and endorsements, including additional insured endorsements, effecting all of the coverages required by this Agreement. The cert ificates and endorsements are to be sign ed by a person authorized by that insurer to bind coverage on its behalf. All proof of ins urance is to be received and approved by the City bef ore work commences. City reserves the right to require Consultant’s insurers to provide complete , certified copies of all required insurance policies at any time. Additional insured endorse ments are no t required f or Errors and Omissions and Workers’ Compensation policies.

A. "The City of Palm Springs, its officials, employees, and agents are named as an additional insured…” ("as respects C ity of Palm Springs Contract No.___" or "for any and all work performed with the City" may be included in this statement).

B. " This insurance is primary and non- contributory over any insurance or self - insurance the City may have..." ("as respects City of Palm Springs Contract No.___" or "for any and all work performed with the City" may be included in this statement).

C. " Should any of the above descr ibed policies be canceled before the expiration date thereof, the issuing company will mail 30 days writte n noti ce to t he Certificate Holder named." Language such as, “endeavor to” mail and "bu t failure to mail such notice shall impose no obligation or lia bility of any kind upon the company, its agents or representative" is not acceptable and must be crossed out.

Item 3A - Page 164
D. Both the Workers’ Compensation and Employers' Liability policies shall contain the insurer's waiver of subrogation in favor of Cit y, its elected officials, o fficers, employees, agents, and volunteers.

In addition to the endorsements listed above, th e Ci ty of Palm Springs shall be named t he certificate holder on the policies.

Failure to obtain the required documents prior to the commencement of work shall not waive the Consultant’s obligation to provide them.

7. Deductibles and Self -Insured Retentions . Any deduct ibles or sel f-insured retentions must be decla red to and approved by the City prior t o com mencing any work or Services under this Agreement. At the option of the City, either (1) the insurer shall reduc e or eliminate such deductibles or self-insured retentions with respect to the City, its elected officials, officers, employees, agents, a nd volunteers; or (2) Co nsultant shall procure a bond guaranteeing payment of losses and related investigations, claim administration, a nd def ense expenses.

8. Severability of Intere sts (S eparation of Insureds) . This insur ance applies separately to each insured agains t whom claim is made or suit is brough t except with respect to the limits of the insurer’s liability.

Item 3A - Page 165
EXHIBIT “C”

EXECUTIVE ORDER N-6-22 CERTIFICATION

Item 3A - Page 166
EXECUTIVE ORDER N-6-22 CERTIFICATION
REQUESTS FOR QUALIFICATIONS (RFQ 36-23)

Executive Order N-6-22 also requires that any contractor that (1) currently has a contract with the City of Palm Springs funded through grant funds provided by the State of California; and/or (2) submits a bid or proposal or otherwise proposes to or enter into or renew a contract with the City of Palm Springs with State of California grant funds, certify that the person is not the target of any economic sanctions against Russia and Russian entities and individuals.

Signature 1/rrP'f' ~~-~
Printed Name: Joseph P. Jackson
Title: Joseph P Jackson, President
Firm Name: RS&H California, Inc.

Date: 11/7/2023
Exhibit “D”

FEDERAL AVIATION ADMINISTRATION

FEDERAL PROVISIONS

Provision
Reference Provision Description
Page
No.

*Solicitation Clause also
Updated 2.8.2023
Item 3A - Page 167
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 U nited States or any of their d uly authorized representatives access t o 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 Item 3A - Page 168
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 cons truction, re habilitation, alteration, conversion, extension, demolition or repair of buildings, highways or other changes or improvements to rea l property, including facilities providing utility services. The ter m 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 provisi on does not apply to equipment acquisition projects where the manu facture 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 profe ssional 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.).

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.

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, s pecific affirmative action obligations required by the specifications set forth in 41 CFR 60-4.3(a) and its efforts to meet the g oals. Th e ho urs of minority and female employment and training must be Item 3A - Page 169
substantially uniform throughout the length of the contract, and in each trade, and the Contractor shall make a good faith effort to employ minorities and women evenly on each of its projects. The transfer of minority or female employees or trainees from Contractor to Contractor or f rom project to project for t he sole purpose of meeting the C ontractor’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 $10,0 00 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 ident ification 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 con tract resulting from this solicitation, t he “covered area” is California, Riverside County, Palm Springs.

Reference: 41 CFR Part 60-4
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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 m anufactured product; cement and cementitious materials; aggregates such as stone, sand, or gravel; or aggregate binding agents or additives t hat are or consist primaril y of: non -ferrous meta ls; plastic and polymer -based products (including polyvinylchloride, composite building materials, and polymers used in fiber optic cables) ; glass (inc luding optic glass); lumber; or drywall used in t he 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 progr am, the Contractor agrees to comply wit h pertinent statutes, Executive Orders, and such rules as identified in Title VI List of Pertinent Nondiscrimination Acts and Authorities to ensure that no per son 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 Contract or, 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 § 2 000d 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 Depart ment of Transportation—Effectuation of Title VI of the Civil Rights Act of 1964); • The Uniform Relocation Assistance and Real Property Acquisition Policies Act of 197 0, (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 US C § 7 94 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.) (prohi bits 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 Right s Restoration Act of 1987 (PL 100- 259) (broadened the scope, coverage and applicability of Title VI o f the Civil Rights Act of 19 64, the Age Discrimination Act of 1975 and Section 504 of the Rehabilit ation Act of 1973, by expanding the definition of the term s “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 Disabilitie s Act o f 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 a ccommodation, 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, polic ies, and ac tivities with disproportionately high and adverse human health or environmental effects on minority and low-income populations); • Executive Order 13166, Imp rov ing Access to Services for Persons with Limited English Proficiency, and resulting agency guidance, national origin discrimination includes discrimination Item 3A - Page 174
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 1 972, as am ended, 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) wi ll comply with the Title VI List of Pertinent Nondiscrimination Acts an d Authorities, as they may be amended f rom time to time, whic h are herein incorporated by reference and made a part of this contract.

2. Nondiscrimination: The Contractor, with regard to the work per formed 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 retenti on of subcontr actors, 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 Procurement s of Materials and Equipment :

In all solicitations, either by competitive bidding or negotiation m ade by the Contract or for work to be performed under a s ubcontract, including procurements of materials, or leases of equipment, each potential subcontractor or supplier will be notifie d by the Contractor of the Contractor’s obligations under th is contract a nd the Nondiscrim ination 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 iss ued pursuant thereto and will permit access to its books, records, ac counts, 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.

Item 3A - Page 175

6. Incor
poration of Pro visions: 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 re spect to any subcontract or procurement as the City or the Federal Aviation Administrati on 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 m ay 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 lo wer tier c ontracts that exceed $150,000.

REQUIREMENT -
If the Agreement exceeds $150,000, Contractor agrees to comply with all applicable standards, orders, and regulations issued pursuant t o the Clea n Air Act (42 U SC § 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 E nvironmental Protection A gency (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 H ours 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 contract s not less than one and one- half times t heir basic rate of pay for all hours worked over 40 in a wor kweek.

CWHSSA prohibits unsanitary, hazardous, or dangerous working conditions on federally - assisted projects. T he Wa ge and Hour Division (WHD) within the U.S. D epartment of Labor (DOL) enforces the compensation requi rements 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 c ontracts and lower tier contracts that exceed $100,000, and employ laborers, mechanics, watchmen, and guards.

Property – While m ost land t ransactions do not i nvolve 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 requi re 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 fo rty hours in such workweek unless such laborer or mechanic receives compensation at a rate not les s than one and one-half times the basic rate of pay for al l 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 thi s clause, the Contractor and any subcontractor respons ible 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 Colum bia or a territ ory, to such District or to such territory), for liquidated damages. Such liquidated damages shall be computed with respect to each indiv idual 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 cal endar day on which such individual was required or permitted to work in excess of the sta ndard workweek of forty hours without payment of the overtime wages required by the clause set forth in paragraph (1) of this clause.

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3. Withholding for Unpaid Wages and Liquidated Damages.

The Federal Aviation Administration (FAA) or the City shall upon its ow n action or upon written request of an authorized representative of the Department of Labor withhol d or cause to be withheld, from any moneys payable on account of work performed by the Contractor or subcontractor under any such contract or any other Federal contract with the same pr ime Contractor, or any other federally -assisted contract subject to th e Contract Work Hours and Safety Standards Act, which is h eld by th e 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 fo rth in paragraphs (1) through (4) and also a clause requiring the subcontractor to include these clauses in any l ower tier subcontracts. The prime cont ractor 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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F AA
– 09 Copeland Anti-Kickback

Contract Types –
Construction – This provision applies to al l construction contracts and subcontracts financed under the AIP that exceed $2,000.

REQUIREMENT -
Contractor must comply wi th th e 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 subc ontractors are prohibited from inducing, by any means, any person e mployed on the project to give up any part of the compe nsation to w hich 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 pr ior week. City must rep ort any violations of the Act t o the Fe deral A viation Administration.

Reference: 2 CF R Part 200, Appendix II(D); 29 CFR Parts 3 and 5 Item 3A - Page 180
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 t he locally prevailing wages and fringe benefits as determined by the Department of Labor.

Contract Types –
Construction – all construction contracts and subc ontracts that exceed $2,000 and include funding from the AIP.

Fencing Projects – Fencing projects that exceed $2,000 must include this provision.

DAVIS-BACON REQUIREMENTS

1. Minimum Wages.
(i) All labor ers and me chanics 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 p ermitted 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 t han those contained in the wage determination of the Secretary of Labor w hich 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 rea sonably anticipated for bona fide fringe benefi ts 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 f or more than a w eekly 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 w age rate and fringe benefits on the wage Item 3A - Page 181
deter
mination for the classification of work actually performed, without regard to skill, except as provided in 29 CFR § 5.5(a)(4). Laborers or mechanics performing work in more than one classification may b e 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 determinati on 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 rat e, incl uding 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. Departmen t 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 c lassification and wage rate (including the amount d esignated for fringe benefits, w here appropriate), the contracting officer shall refer the questions, including the views of all interested parties and the recommendation of the contracting o fficer, 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 (inc luding f ringe 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 cont ract from the first day on which work is perfor med 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 contracto r 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.

Item 3A - Page 182
(i
v) 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 mec hanic the amount o f any costs reasonably anticipated in providing bona fide fringe benefits under a plan or program, Provided, that the Secretary of Labor has found, upon the written request of the Cont ractor, that the applicable standards of the Davis -Bacon Act hav e been m et. T he 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 t he same prime contractor , or any other federally -assisted con tract subject to Da vis-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 mechani cs, including apprentices, trainees, and hel pers, 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, Applica nt, 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 r ates 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 Dav is-Bacon Act, the C ontractor 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 o f apprenticeship programs and certification of trainee programs, th e registration of the apprentices and trainees, and the ratios and wage rates prescribed in the applicable programs. (ii)(A) Th e 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 transmiss ion to the Federal Aviation Administration. The pay rolls 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 Item 3A - Page 183
shal
l 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 informa tion 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 http://www.dol.gov/esa/whd/forms/wh347instr.htm or its successor site. The prime contractor is responsible for the submission of copies o f 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 pa rty to the contract, but if the agency is n ot such a party, the Contractor will submit them to the applicant, the City, or Owner, as the case may be, for transmission to t he 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 pay s 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 ), th e appropriate information is bei ng mai ntained 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 d uring the payr oll period has been paid the ful l weekly wa ges earned, without rebate, either directly or indirectly, and that no deductions have been made either directly or indirectly f rom the full wages earned, other than permissible deductions as set for th in Regulations, 29 CFR Part 3;
(3) That ea ch 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 pro perly 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 a bove c ertifications may subject the Cont ractor 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 subcontract or shall make the records r equired 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 empl oyees during w orking 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, applica nt, or Owner, take such action as may be necessary to cause the suspension of any further payment, advance, or guarantee of Item 3A - Page 184
funds
. Furthermore, failure to submit the required records upon request or to make such records available may be grounds for debarment action pursuant to 29 CFR § 5.12.

4. Apprentices and Trainees.
(i) Apprentices. Apprentices will be permitted to work at less than the predetermined rate for the work they performed when they are employed pursuant to and individually registered in a bo na fide apprenticeship program registered w ith th e 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 Appr enticeship 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 rati o permitted to the contractor as to the ent ire wo rk 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 subc ontractor’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 p rogress, expressed as a percentage of the journeymen hourly rate spec ified in the a pplicable wage determination.

Apprentices shall be paid fringe benefits in accordance with the provisions of the apprenticeship program. If the apprenticeship program does not speci fy fringe benefits, apprentices must be paid the full amount of fri nge benefits listed on the wage determination for the applicable classification. If the Administrator determines that a different practice prevails for the applicable apprentice classificat ion, fring es shall be paid in accordance with that det ermination. I n the event t he Office of Apprenticeship Training, Employer and Labor Services, or a State Apprenticeship Agency recognized by t he Office, withdraws approval of an apprenticeship program, the Contrac tor will no lo nger be permitted to utilize apprenti ces at less than th e 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 , Employ ment and Training Administrat ion. 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 sp ecified in the app roved program for t he 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 t he trainee program does not mention fringe benefits , trainees shall be paid the full amount of fr inge benefits listed on the wage determination unless the Administrator of the Wage and Hour Division determines that there is an apprenticeship program associated with Item 3A - Page 185
the c
orresponding 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 train ing plan approved by the Employment and Training Administration shall be pa id not less than the applicable wage rate on the wage determination for the classification of work actually performed. In addition, any trainee performing work on the job site in excess of the ratio permitted under the registered program shall be paid not less than the applicable wage rate on the wage determination for the work actually performed. In the event the Employment and Training Administration withdraws approval of a training program, the Contrac tor w ill no longer be permitted to ut ilize trainees at l ess than the applicable predetermined rate for the work performed until an acceptable program is approved. (iii) E qual Employment Opportunity. The utilization of appr entices, trainees, and journeymen under this part shall be in conform ity with the e qual 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 Adminis tration may by appropriate ins tructions requ ire, and als o 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.

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.

10. Certification of Eligibility.

Item 3A - Page 186
(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 contrac ts by v irtue of section 3(a) of the Davis -Bacon Act o r 29 CFR §

5.12(a)(1).
(ii) No part of this contract shall be subcontracted to any person or firm ineligible for award of a Government contract by virtue of section 3(a) of the Davis-Bacon Act or 29 CFR § 5.12(a)(1). (iii) The penalty for making false stat ements 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
Item 3A - Page 187
FAA –
11 Debarment and Suspension
APPLICABILITY - This requirement applies to covered transactions, which are defined in 2 CFR part 180 (Subpart B). AIP funded contr acts are non-procurement transactions, as defined by 2 CFR § 180.970. C overed 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 o r exceed $25,000. This includes contracts associated with land acquisition projects.

A11.3.2 Lower Tier Contract Certification

CERTIFICATION OF LOWER TIER CONTRACTORS REGARDING DEBARMENT The Contractor, by administering each lower t ier subcontract that exceeds $25,000 as a “covered transaction”, must verify e ach lower tier participant of a “covered transaction” under the project is not presently debarred or otherwise disqualified from participation in thi s federally assisted project. The Contractor will accomplish this by:

1. C hecking 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 Administrat ion later determines that a lower tier participant failed to disclose to a higher tier participant that it was excluded or disqualified at the ti me it entered the covered tr ansaction, the FAA ma y 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
Item 3A - Page 188
FAA
– 12 Disadvantaged Business Enterprise
APPLICABILITY – all contracts with Airports that have a DBE program on file with the FAA.

Prompt Payment (§26.29) – The prime contractor agrees to pay each subcontractor under t his 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 contracto r agrees further to return retainage payments to each subcontrac tor within [30 days] day s after the subcon tractor’s wo rk is satisfa ctorily completed. Any delay or postponement of payment from the above referenced time frame may occur only for good cause follo wing 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 C ontractor must not terminate a DBE subc ontractor 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, in stances in which the prime contractor seeks to perfor m 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 t o perform the work and supply the materials for which each is listed unless the C ontractor obtains written consent of the City.

Unless City consent is provided, the prime Contractor shall not be entitled to any pa yment for work or material unless it is performed or supplied by the listed DBE.

The City may pro vide 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 DB E firm.

For purposes of this paragraph, good cause includes the circum stances listed in 49 CFR §26.53.

Before transmitting to the City its request to terminate and/or substitute a DBE s ubcontractor, the prime C ontractor must give notice in writing to the D BE 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 a nd the Contractor of the reasons, if any, why it objec ts to t he proposed Item 3A - Page 189
termi
nation of its subcontract and why the City should not approve the prime C ontractor'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
Item 3A - Page 190
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, “Te xt Messaging While Driving” , (12/30/2009), the Federal Aviation Administration encourages recipients of Federal g rant funds to adopt and enforce safety policies that decrease crashes by distracted dri vers, including policies to ban text messagi ng while driving when performing work related to a gran t or subgrant.

Reference: Executive Order 13513, DOT Order 3902.10
Item 3A - Page 191
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 v ideo surveillance services or equipment in compli ance with the National Defense Authorization Act [Public Law 115- 232 § 889(f)(1)].

Reference: 2 CFR § 200, Appendix II(K); 2 CFR § 200.216 Item 3A - Page 192
FAA
– 15 Drug Free Workplace Requirements
APPLICABILITY - This prov ision applies to all AIP funded proje cts, b ut not t o the contracts between the City and a contractor, subcontractors, suppliers, or subgrantees.

Reference: 49 CFR part 32, Drug-Free Workplace Act of 1988 (41 U.S.C. 701 et seq., as amended)

Item 3A - Page 193
FAA
– 16 Equal Employment Opportunity
APPLICABILITY – The purpose of this provision is to provide equal oppo rtunity for all persons, without regard to r ace, co lor, r eligion, 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.

Contract Types –
Construction – all construction contracts and subcontracts as required above.

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.

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 s election for training, i ncluding apprenticeship. The Contract or 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 solicitatio ns or advertisements for employe es 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 Item 3A - Page 194
empl
oyee's essential job functions discloses t he compensation of such other employees or applicants to individuals who do not otherwise have access to such information, unless such disclosure is in response to a formal complaint or charge, in furtherance of an investigation, proceeding, hearing, or ac tion, 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 co ntract 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 inf ormation 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 hi s 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 w ith the nondiscrimination cla uses 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

Department of Labor, or any person to whom the Director delegates authority; Item 3A - Page 195
c.
“Em ployer identif ication number” means the Federal social security number used on the Employer’s Quarterly Federal Tax Return, U.S. Treasury Department Form 941; d. “Minority” includes:
(1) Black (all persons having origins in any of the Black African racial groups not of Hispanic origin);
(2) Hispanic (all persons of Mexican, Puerto Rican, Cuban, Central or South American, or other Spanish culture or origin, regardless of race);
(3) A sian and Pacific Islander (all persons having origins in any of the ori ginal 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 ori ginal peoples of North America and maintaining identifiable tribal affiliations through membership and participation or community identification).

3. If the Contrac tor is participating (pursuan t 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 b e in accordance with that Plan f or 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 fai th performance by o ther 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. T he Contractor shall implem ent the specif ic af firmative 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 f emale 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 hav e a F ederal 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 Fede ral Register in notice for m, 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.

Item 3A - Page 196

5. N
either 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 thes e specifications, Executive Order 11246, or the regulations promulgated pursuant thereto.

6. In order for the nonworking training hours of apprentices and trainees to be counted in meeting the goals, such apprentices and trainees m ust be emp loyed by the Contra ctor 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 train ing 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, intim idation, and coercion at all sit es, 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 t hat 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 Contract or or its u nions 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 a nd female off -the-street applicant and minority or female ref erral 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 uni on 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 uni on or unions with which the C ontractor 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 progr ams relevant to the Cont ractor’s employment needs, especially those programs funded or approved by the Department of Labor.

Item 3A - Page 197
The Cont
ractor shall provide notice of these programs to the sources compiled under 7b above.
f. Disseminate the Contractor’s EEO policy by providing notice of the policy to unions and training programs and requesting their cooperation in assisting the Contractor in meeting its EEO obligations; by including it in any policy manual and collective bargaining agreement; by publicizing it in the company newspaper, annual report, etc.; by specific review of the policy with all management personnel and with all minority and female employees at least once a year; and by posting the company EEO policy on bulletin boards accessible to all emp loyees 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, l ayoff, termination, or other e mployment decisions including specifi c 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, fe male, 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 tha n 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 not ification to organizations such as the above, describing the openings, screening procedures, and tests to be used in the s election process.
j. E ncourage present minority and female employees to recruit other minority persons and women and, where reasonable, provide after school, summer, and vacation employment to m inority 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 an d evaluation at least of all minority and female personnel, f or 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 ot her 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.

Item 3A - Page 198
n. E
nsure 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 of fers 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, a t least annually, of all s upervisor’s adherence to and per formance under the Contractor’s EEO policies and affirmative action obligations.

8. Contractors are encouraged to participate in voluntary associations, which assist in fulfilling one or more of their aff irmative actio n obl igations (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 m ore of its obligatio ns under 7a through 7p of these speci fications 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 indus try, ensures that the concret e benefits of the program are reflected in the Contract or’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 demonstra tes th e 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 fo r minorities and a s eparate 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).

11. The Contractor shall not enter into any subcontract with any person or firm debarred from Government contracts pursuant to Executive Order 11246.

Item 3A - Page 199

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 effo rts to ensure equal employment opportunity. If the Contractor fails to comply wi th 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.

Reference: 2 CFR 200, Appendix II(C), 41 CFR § 60-1.4, 41 CFR § 6 0-4.3, Executive Order 11246

Item 3A - Page 200
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.

Reference: 29 USC § 201, et seq; 2 CFR § 200.430
Item 3A - Page 201
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 p ay any person or organization for influencing or attemp ting 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 t ier must also disclose any lobbying with non -Federal funds t hat takes place in connection with obtaining any Federal award.

Reference: 31 USC § 1352 – Byrd Anti-Lobbying Amendment, 2 CFR part 200, Appendix II( I), 49 CFR part 20, Appendix A
Item 3A - Page 202
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 claus e must be included in all contracts that include the equal opportunity clause, regardless of the amount of the contract.

Professional Services – Professional services that include tasks that qualify as construction work as defined by 41 CFR part 60 -1. Ex amples include the installation of noise monitoring equipment.

Reference: 2 CFR Part 200, Appendix II (C); 41 CFR Part 60-1 Item 3A - Page 203
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 Safe ty an d Health Administration (OSHA) o versees the workplace health and safety standards wage provisions from OSH.

Department of Labor – Occupational Safety and Health Administration.

Reference: 29 CFR part 1910
Item 3A - Page 204
FAA
– 21 Procurement of Recovered Materials
APPLICABILITY – C ontract 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 Cons ervation 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 r ecovery of EPA- designated products if the contractor can demonstrate the item is:
a) Not reasonably available within a timeframe providing f or compliance w ith the contrac t 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)
Item 3A - Page 205
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 exper imental, 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 incorp orates 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

Item 3A - Page 206
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

A23.3.2 Construction Contracts

Reference: 49 CFR Part 41
Item 3A - Page 207
FAA
– 24 Tax Delinquency and Felony Conviction
APPLICABILITY – This provision applies to all contracts funded in whole or part with AIP.

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

Item 3A - Page 208
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 Item 3A - Page 209
FAA
– 26 Foreign Trade Restriction
APPLICABILITY – all AIP funded projects.

REQUIREMENT -

This certification concerns a matter w ithin the juri sdiction of an agency of the United S tates of America and the making of a false, fic titious, or fraudulent certification may render the maker subject to prosecution under Title 18 USC Section 1001.

Nothing contained in the foregoing shall be construed to require es tablishment 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 Item 3A - Page 210
dis
criminate against U.S. firms as published by USTR, unless the Contractor has knowledge that the certification is erroneous.

Reference: 49 USC § 50104, 49 CFR part 30

Item 3A - Page 211
FAA
– 27 Veteran’s Preference
APPLICABILITY – This provision applies to all AIP funded projects that involve labor to carry out the project. This prefer ence, which excludes executive, administrative, and supervis ory 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 execut ive, 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 inc lude 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 veter ans readily available and qualified to perform the work to which the employment relates.

Reference: 49 USC § 47112(c)
Item 3A - Page 212
FAA
– 28 Domestic Preferences for Procurements
APPLICABILITY – all contracts and Purchase orders for work or products under the grant.

Reference: 2 CFR § 200.322; 2 CFR Part 200, Appendix II(L)

Item 3A - Page 213

ATTACHMENT D
CONSULTING SERVICES AGREEMENT NO. 23Q390

WITH INTERVISTAS CONSULTING USA LLC
Item 3A - Page 214
C ONSULTING SERVICES AGREEMENT 23Q390

ON-CALL PROJECT SERVICES FOR PALM SPRINGS

INTERNATIONAL AIRPORT - PLANNING

THIS AGREEMENT FOR CONSULTING SERVICES (“Agreement”) is made and entered into on January 15, 2024, by and between the City of Palm Springs , a California charter city and municipa l corporation (“City”), and InterVISTAS Consulting USA LLC , a Delaware and California Limited Liability Company, (“Consultant”). City and Consultant are individually referred to as “Party” and are collectively referred to as the “Parties”.

RECITALS

A. City requires the services of a planning firm, for On Call Project Services , (“Project”).

B. Consultant has submitted to City a proposal to provide planning services, to City under the terms of this Agreement.

C. Based on its e xperience, education, training, and reputation, Consultant is qualified and desires to provide the necessary services to City for the Project.

D. City desires to retain the services of Consultant for the Project.

NOW, THEREFORE, in consideration of the prom ise
s and mutual obligations,
covenants, and conditions contained her ein, a nd ot her val uable consi deration, the receipt and sufficiency of which are hereby acknowledged, the Parties agree as follows:

AGREEMENT

1. CONSULTANT SERVICES

1.1 Scope of Services . In compliance with all terms and conditions of t his Agreement, Consultant shall provide services to City as described in the Scope of Services/Work attached to this Agreement as Exhibit “A” and incorporated by reference (the “Services” or “Work”). Exh ibit "A" includes the agreed upon schedule of performance and the schedule of fees. Ser vices shall be performed in a competent, professional, and satisfactory manner consistent with the level of care and skill ordinarily exercised by experienced, and well qualified members of the profession currently practicing under similar conditions. In the event of any inconsistency between the terms contained in the Scope of Services/Work and the terms set forth in this Agreement, the terms set forth in this Agreement shall govern.

1.2 Compliance wi
th Law . Consultant shall comply with all applicable fed eral, state, and local laws, statutes and ordinances and all lawful orders, rules, and regulations when performing the Services. Consultant shall be liable for all violations of such laws and regulations in connection with the Services and this Agreement.

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1.4 Familiarit y with Work . B y executing this Agreement, Consultant represents that it has carefully considered how the Work should be performed and fully understands the facilities, difficulties, and restrictions attending performance of the Work under this Agreement.

2. TIME FOR COMPLETIO N
The time f or completion of the Services to be performed by Consultant is an essenti al condition of this Agreement. Consultant shall prosecute regularly and diligently the work of this Agreement according to the agreed upon s chedule of performance set forth in Exhibit “A .” Neither Party shall be accountable for delays in performance caused by any condition beyond the reasonable control and without the fault or negligence of the non- performing Party. Delays shall not entitle Consultant to any additional compensation regardless of the P arty responsible for the delay.

3. COMPENSATION OF CONSULTANT

3.1 Compensation of Consultant. Consultant shall be compensated and reimbursed for the services rendered under this Agreement in accordance with the schedu le of fees set forth in Exhibit “A”. The total amount of Compensation shall not exceed $11,000,000.

3.2 Method of Payment . I n any month in which Consultant wishes to receive payment, Consultant shall submit to City an invoice for Services rendered prior to the date of the invoice, no later than the first working day of such month, in the f orm approved by City’s finance director. Payments shall be based on the hourly rates set forth in E xhibit “A” fo r authorized services performed. City shall pay Con sultant for all expenses stated in the invoice that are approved by City and consistent with this Agreement, within thirty (30) days of receipt of Consultant’s invoice.

3.3 Changes . In the e vent any ch ange or changes in the Scope of Services/Work is requested by City, Par ties shall execute a written amendment to this Agreement, specifying all proposed amendments, including, but not limited to, any additional fees. An amendment may be entered into:

A. To provid e fo r revisions or mo difications to documents , work product, or Work, when required by the enactment or revision of any subsequent law; or B. To provide for additional services not included in this Agreement or not customarily furnished in accordance with generally accepted practice in Consultant’s profession.

3.4 Approp riations. This Agreement is subject to, and contingent upon, funds being appropriated by the City Council of City for each fiscal year. If such appropriations are not made, this Agreement shall terminate without penalty to City. City shall promptly not ify Consultant of such termination.

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4. PERFORMANCE SCHEDULE

4.1 Time of Essence. Time is of the essence in the performance of this Agreement.

4.2 Schedule of Performance. All Services rendered under this Agreement sha ll be performed under the agreed upo n schedule of performance set forth in Exhibit “A.” Any time period extension must be approved in writing by the Contract Officer. Notwithstanding the foregoing, Consultant shall not be responsible for delays due to causes beyond Consult ant's reasonable control including, Force Majeure Events described in Section 4.3.

4.3 Force Majeure. The t ime for performance of Services to be rendered under this Agreement may be extended because of any delays due to a Force Majeure E vent, if Consultant notifies the Contract Officer within ten (10) days of the becoming aware of the Force Majeure Event. A For ce Majeure Event shall mean an event that materially affects the Consultant’s performance and is one or more of the following: (1) Acts of God or ot her natural disast ers occurring at the project site; (2) terrorism or other acts of a public enemy; (3) orde rs of governmental authorities (including, without limitation, unreasonable and unf oreseeable delay in the issuance of permits or approvals by gover nmental authorities that are required for the Work); and (4) pandemics, epidemics or quarantine restrictions. For purposes of this section, “orders of governmental authorities,” includes ordi nances, emergency proclamations and orders, rul es to protect the public health, wel fare and safety, and other actions of the City in its capacity as a municipal authority. After Consultant notification, the Contract Officer shall investigate the facts and the extent of any necessary delay and extend th e time for perform ing the Services f or the period of the enforced delay when and if, in the Contract Officer’s judgment, such delay is justified. The Contract Officer’s determination shall be final and conclus ive upon the Parties to this Agreement. The Consultant will not r eceive an adjustment to the contract price or any other compensation. Notwithstanding the foregoing, the Cit y may still terminate this Agreement in accordance with the termination provisions of this Agreement.

4.4 Term. Un
less earlier terminated in accordance with Section 4.5 of this Agreement, this Agreement shall con tinue in full force and effect for a period of five years, commencing on January 15, 2024, and endin g on January 14, 2029, unl ess extended by mutual written agreement of the parties.

4.5 Termination Prior to Expiration of Term . C ity may terminate this Agreement at any time, with or without cause, upon thirty (30) days written notice to Consultant. Where termination is due to the f ault of Consultant and constitutes an i mmediate danger to health, safety, and general welfare, the period of notice shall be such shorter time as may be determined by the City. Upon receipt of the notice of termination, Consultant shall immediately cease a ll Services except such as may be spe cifically approved by the Contract Officer. Consultant shall be entitled to compensation for all Services rendered prior to receipt of the notice of termination and for any Services authorized by the Contract Officer af ter such notice. City shall not be li able for any costs other than the charges or portions thereof which are specified herein. Consultant shall not be entitled to payment for unperformed Services and shall not be entitled to damages or compensation for t ermination of Work. If the termination is for cause, the Ci ty shall have the right to take whatever steps it deems necessary to correct Consultant's deficiencies and charge the cost thereof to Consultant, who shall be liable for the full cost of the City's corrective action.

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Consultant shall be given reasonable opportunity to cure or remedy the deficiencies prior to any corrective action or termination by the City. Consultant may not terminate this Agreement except for cause upon thirty (30) days written notice to City.

5. COORDINATION OF WORK

5.1 Representative of Consultant. The following principal of Consultant is designated as being the principal and representative of Consultant authorized to act and make all decisions i n its behalf with re spect to the s pecified Services and work: Josh Cohn, Vice President. It is expressly unde rstood that the experience, knowledge, education, capability, and reputation of the foregoing principal is a substantial inducement for City to enter into this Agreement. Theref ore, the foregoing principal shall be responsible during the term of this Agreement f or di recting all activities of Consultant and devoting sufficient time to personally supervise the Services under this Agreement. The foregoing principal may not be change d by Consultant without prior written approval of the Contract Officer.

5.2 C ontract Officer . The C ontract Officer shall be the City Manager or his/her designee ("Contract Officer"). Consultant shall be responsible for keeping the Contract Officer fully informed of the pr ogress of the perf ormance of the Services . Consultant shall refer any decisions that must be made by City to the Contract Officer. Unless otherwise specified, any approval of City shall mean the approval of the Contract Officer.

5.3 Prohibitio n Against Subcontracting or As signment. The experience, knowledge, education, capability, and reputation of Consultant , its principals and employees, were a substantial inducement for City to enter into this Agreement. Consultant shall not contract with any other in dividual or entity to perform any Services required under this Agreement without the City's express written approval. In addition, neither this Agreement nor any interest may be assigned or transferred , voluntarily or by operation of la w, without the prior written approval of City. Subcontracts, if any, shall c ontain a provision making them subject to all provisions stipulated in this Agreement including without limitation the insurance and indemnification requirements. If Consultant is permitted to su bcontract any part of this Agreement by City, Consultant shal l be re sponsible to City for the acts and omissions of its subcontractor(s) in the same manner as it is for persons directly employed. Nothing contained in this Agreement shall create any contractual relationships between any subcontractor and City.

5.4 I ndependent Cons
ultant. N either City nor any of its employees shall have any control over the manner, mode , or means by which Consultant , its agents or employees, perform the Ser vices required, e xcept as otherwise s pecified. Consultant shall perform all requir ed Services as an independent Consultant of City and shall not be an employee of City and shall remain at all times as to City a wholly in dependent Consultant with only such obligations as are consistent with that role; however, City shall have the right to review Consultant’s work product, result, and advice. Consultant shall not at any time or in any manner represent that it or any of its agents or employees are agents or employees of City. Consultant shall pay all wages, salaries, and other amounts due personnel in connection with their performance under this Agreement and as required by law. Consultant shall be responsible for all reports and obligations respecting such personnel, includi ng, but not limited to: social security taxes, income tax withhold ing, Item 3A - Page 218
unemployment insurance, and workers’ compensation insurance. Consultant shall not have any authority to bind City in any manner.

5.5 Personnel. Cons ultant agrees to assign the follo wing individuals to perform the Services in this Agreement. Consultant shall not alter the assignment of the following personnel without the prior written approval of the Contract Officer. Acting through the City Manager, the City shall have the unrestri cted right to order the removal of any personnel assigned by Consultant by providing written notice to Consultant.

Name: Title:

Josh Cohn Project Manager
Steve Comino Project Principal & CIP Management / Grant Steven Derengowski Airfield & Airspace Lead
Gavin Duncan Ground Transportation & Parking Lead
Rhona Dicamillo Strategic & Business Planning Lead
Yusuke Asai Functional & Operational Analysis
Kirk Goodlet, PHD Universal Design & Accessibility
Dan Barton Rental Car Planning
Ernest Choi Airport Access
Mark Tayl
or Forecasts & Financial Planning
Solomon Wong Passenger Facilitation
Jahnavi Dalal Data Analysis & General Planning
Jody Kositsky Regulatory & Policy
Andrew Davey Signage & Wayfinding
Bart Gilbreath, PE Sr Project Manager (Garver) Asset Management Jill Buterbaugh Project Manager Lead Agent
Katie Horak Preservation Architecture & Design

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5.6 California Labor Code Requirements.

A. Consultant is aware of the requirements of California Labor Code Sections 1720 et seq. and 1770 et seq., which requi re the paym ent o f prevailing wage rates and the performance of other requirements on certain “public works” and “maintenance” proje cts (“Prevailing Wage Laws”). If the S ervices are being performed as part of an applicable “public works” or “m aintenance” p roject, as de fined by the Prevailing Wage Laws, and if the total compensation is $15,000 or more for maintenance or $25,000 or more for construction, alteration, demolition, installatio n, or re pair, Consultant agrees to fully comply with such Prevailing Wage Laws. Consul tant shall defend, indemnify and hold the City, its officials, officers, employees and agents free and harmless from any claims, liabilities, costs, penalties or interest arising out of any failure or alleged failure to comply w ith the Prevailing Wage Laws. It shall be mandatory upon the Consultant and all subcontractors to comply with all California Labor Code provisions, which include but are not limited to prevailin g wages (L abor Code Sections 1771, 1774 and 1775), employment of a pprentices (Labor Code Section 1777.5), certified payroll records (Labor Code Sections 1771.4 and 1776), hours of labor (Labor Code Sections 1813 and 1815) and debarment of contractors and s ubcontractors (Labor Code Section 1777.1).

B. If the Services are being performed as part of an applicable “public works” or “maintenance” project and if the total compensation is $15,000 or more for maintenance or $25,000 or more for construction, altera tion, demolition, installation, or repair, then pursuant to Labor Code Sections 1725.5 and 1771.1, the Consultant and all subcontractors performing such Services must be registered with the Department of Industrial Relations. Consultant shall maintain registration for the duration of the Project and require the sa me of any subcontractors, as applicable. This Agreement may also be subject to compliance monitoring and enforcement by the Department of Indus trial Relations. It shall be Consultant ’s sole responsibility to comply with all applicable registration and labor compliance requirements.

6. INSURANCE
Consultant shall procure and maintain, at its sole cost and expense, policies of insurance as set forth in the attached Exhibit "B", incorporated herein by reference.

7. INDEMNI FICATION.

7.1 Indemnification. To the fullest extent per mitted by law, Consultant shall defend (at Consultant ’s sole cost and expense), indemnify, protect, and hold harmless Ci ty, its elected officials, officers, employees, agen ts, and vol unteers ( collectively the “Indemnified Parties”), from and against any and all liabilities, actions, suits, claims, demands, losses, costs, judgments, arbitration awards, settlements, damages, demands, orders, penalties, and expenses including l egal costs and attorney fees (collectively “Claims”), includ ing but not l imited to Claims arising from injuries to or death of persons ( Consultant’s employees included), for damage to property, including property owned by City, for any violation of any feder al, state, or local law or ordinance or in any manner aris ing out of, pertaining t o, or incident to any acts, errors or omissions, or willful misconduct committed by Consultant , its officers, employees, representatives, and agents, that arise out of or r elate to Consultant’s performance of Services or this Agreement. This indemnification clause excludes Claims arising from the sole negligence or Item 3A - Page 220
willful misconduct of the Indemnified Parties. Under no c ircumstances shall the insurance requirements and li mits set f orth in this Agreement be construed to limit Consul tant’s indemnification obligation or other liability under this Agreement. Consultant ’s indemnification obligation shall survive the expiration or earlier termination of this Agreement until all actions against the Indemnified Parties for such matters in demnified are fully and fi nally barred by the applicable statute of limitations or, if an action is timely filed, until such action is final.

7.2 Design Professional Services Indemnification and Reimbursement. If Consultant’s obligation to defend, indemnif y, and/or hold har mless arises out of Consultant ’s performance as a “design professional” (as that term is defined under Civil Code section 2782.8), then, and only to the extent required by Ci vil Code section 2782.8, which is fully incorporated herein, Consultant’s indemnification obligation shall be limited to the extent which the Claims arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the Consultant in the performance of the Services or this Agreement, and, upon Consultant obtaining a final adjudication by a court of competent jurisdiction, Consultant ’s liability for such claim, including the cost to defend, shall not exceed the Consultant’s proportionate percentage of fault.

8. RECORDS AND REPORTS

8.1 Reports. Consultant shall periodically prepare and submit to the Contract Officer reports concerning the performance of the Services required by t his Agreement , or as the Contract Officer shall require.

8.2 Re cords. Consultant shall keep complete, accurate, and detailed accounts of all time, costs, expenses, and expenditures pertaining in any way to this Agreement. Consultant shall keep such books and records as shall be necessary to properly perform the Services required by this Agreement and enable the Co ntract Officer to evaluate the performance of such Services. The Contract Officer shall have full and free access to such books and records at all reasonable times, including the right to inspect , copy, audit, and m ake records and transcripts from such records.

8.3 Ownershi
p of Documents . All drawings, specifications, reports, records, documents, and other materials prepared by Consultant in the performance of this Agreement shall be the property o f City u pon payment of all amounts due. Consultant shall deliver all above-referenced documents to City upon request of the Contract Officer or upon the termination of this Agreement. Consultant shall have no claim for further employment or additional compensation as a result of the exercise by City of its full rights or ownership of the documents and materials. Consultant may retain copies of such documents for Consultant's own use.

Consultant shall have an unrestricted right to use the concepts embodied in such documents.

8.4 Release of Documents . Al
l drawings, specifications, reports, re cords,
documents, and other materials prepared by Consultant in the performance of Services under this Agreement shall not be released publicly without the prior writte n approval of the Contract Officer.

8.5 Audit and Inspection of Records . Af ter receipt of reasonable notice and during the regular business hours of City, Consultant shall provide City, or other agents of City, such access to Consultant’s books, records, payroll documents, and facilities as City deems necessary Item 3A - Page 221
to examine, copy, audit, and i nspect all accounting books, records, work data, documents, and activities directly related to Consultant’s performance under this Agreement. C onsultant shall maintain s uch books , records , data, and documents in accordance with generally accepted accounting principles and shall cl early identify and make such items readily accessible to such parties during the term of this Agreement and for a peri od of three (3) years from the dat e of final payment by City hereunder.

9. ENFORCEMENT OF AGREEMENT

9.1 Californi a Law. This Agreement shall be construed and interpreted both as to validity and to performance of the parties in accordance with the laws of the State of California.

Legal act ions concerning any dispute, claim , or matter arising out of or in relation to this Agreement shall b e ins tituted in the Superior Court of the County of Riverside , State of California, or any other appropriate court in such county, and Consultant covenants and agrees to submit to the personal jurisdiction of such court in the event of such action.

9.2 Interpre tation. This Agreement shall be construed as a whole according to its fair language and common meaning to achieve the objectives and purpose s of the Parties. The terms of this Agreement are contractual and the result of negot iation between the Parti es.

Accordingly, any rule of construction of contracts (including, without limitation, California Civil Code Section 1654) that ambiguities are to be construed against the drafting party, shall not be employed in the interpretation of thi s Agreement. The caption headings of the various sections and paragraphs of this Agreement are for convenience and identification purposes only and shall not be deemed to limit, expand, or define the contents of the respective sections or paragraphs.

9.3 Waiver . N
o delay or o mission in the exercise of any right or remedy of a non- defaulting party on any default shall impair such right or remedy or be construed a s a waiver.

No consent or approval of City shall be deemed to waive or render unnecessa ry City’s consent to or approval of any subsequent act of Consultant. Any waiver by either party of any default must be in writing. No such waiver shall be a waiver of any other default concerning the same or any other provision of this Agreement.

9.4 Rights a nd Remedies are Cu mulative. Except with respect to rights and remedies expressly declared to be exclusive in this Agreement, the rights and remedies of the parties are cumulative. The exercise by either P arty of one or more of such rights or remedie s shall not preclude the e xercise by it, at the same or different times, of any other rights or remedies for the same default or any other default by the other Party.

9.5 Legal Action.

In addition to any other rights or remedies, either Party may take legal action, in law or in equit y, to cure, correct , or remedy any default, to recover damages for any default, to compel specific performance of this Agreement, to obtain injunctive relief, a declaratory judgment, or any other remedy consistent with the purposes of this Agreement.

9.6 A ttorney Fees. In t he event any dispute between the Parties with respect to this Agreement results in litigation or any non- judicial procee ding, the p revailing Party shall be entitled, in addition to such other relief as may be granted, to recover fro m the non-prevailing Party all reasonable costs and expenses. These include but are not limited to reasonable attorney Item 3A - Page 222
fees, expert consultant fees, court costs and all fees, costs, and expenses incurred in any appeal or in collection of any judgment entered in such proceeding.

10. CITY OFFICERS AND EMPLOYEES: NON-DISCRIMINATION

10.1 Non-Liability of City Officers and Em ployees. No officer or em ployee of City shall be personally liable to the Consultant , or any successor -in-interest, i n the event of any default or breach by City or for any amount which may become due to the Consultant or its successor, or for breach of any obligation of the terms of this Agreement.

10.2 Conflict of Interest. C onsultant acknowledges that no officer or employee of the City has or shall have any direct or indirect financial interest in this Agreement, nor shall Consultant enter into any agreement of any kind with an y such of ficer or employee during the term of this Agreement and for one (1) year thereafter. Consultant warrants that Consultant 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.

10.3 Covenant Against Discrimination . In c onnection with its performa nce un der this Agreement , Consultant shall not discriminate against any employee or applicant for employment because of actual or perceived race, religion, color, sex, ag e, marita l status, ancestry, national origin ( i.e ., place of origin, immigration stat us, cu ltural or linguist ic characteristics, or ethnicity), sexual orientation, gender identity, gender expression, physical or mental disability, or medical condition ( each a “pr ohibited basis”). Consultant 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, Consultant certifies that its actions and omissions hereunder shall not incorporate any discrimination arising from or related to any prohibited basis in any Consultant activity, including but not limited to the following: em ployment, upgrading, demotion or transfer; recruitment or recruitment advertising; layof f or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship; and further, that Consultant is in full compliance wi th the provisions of Palm Springs Municipal Code Section 7.09.040, including without l imitation the provision of benefits, relating to non- discrimination in city contracting.

11. MISCELLANEOUS PROVISIONS

11.1 Notice. Any notice, demand, request, conse nt, approval, or com munication that either Party desires, or is required to give to the other Party or any other pe rson shall be in writing and either served personally or sent by pre -paid, first-class mail to the address set forth below. Notice shall be de emed communicated seventy-two (72) hours from the time of mailing if mailed as provided in this Section. Either Party may change its address by notifying the other Party of the change of address in writing.

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To City: City of Palm Springs
Attention: City Manager/ City Clerk
3200 E. Tahquitz Canyon Way
Palm Springs, California 92262

To Consultant: InterVISTAS Consulting USA LLC
Attention: Josh Cohn, Vice President
400 Concar Drive 04-122
San Mateo, CA 94402

11.2 Integrated Agreement .

This Agreement co nstitutes the entire understanding
between the Parties and supersedes and cancels all p rior negotiations, arrangements, agreements, representations, and understandings, if any, made by or among the P arties with respect to the subject matter in this Agreement.

11.3 Amendment. No a mendments or other modifications of this Agreement shall be binding unless through written agreement by all Parties.

11.4 Severability. Wh enever poss ible, each pr ovision of thi s Agreement shall be interpreted in such a manner as t o be effective and valid under applicable law . In the event that any one or more of the phrases, sentences , clauses, paragraphs, or sections contained in this Agreement shall be declared invalid or unenforceable by valid judgment or decree of a court of competent jurisdiction, such invalidity or unenforceability shall not affect any of the remaining phrases, sentences, clauses, paragraphs, or sections of this Agreement, which s hall be interpreted to carry out the intent of the parties.

11.5 Successors in I nterest. Thi s Agreement shall be binding upon and inure to the benefit of the Parties’ successors and assignees.

11.6 Third Party Beneficiary . E
xcept as may be expressly provided for i n this
Agreement, nothing contained in this Agreement is intended to confer, nor shall this Agreement be construed as conferring, any rights, including, wi thout limitation, an y rights as a third-party beneficiary or otherwise, upon any entity or person not a party to this Agreement.

11.7 Recitals. Th e above -referenced Reci tals are hereby incorporated into the Agreement as though fully set forth in this Agre ement and each Party acknowledges and agrees that such Party is bound, for purposes of this Agreement, by the same.

11.9 Counterparts. Th is Agreement ma y be signed in counterparts, each of which shall constitute an original.

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12. 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, Consult ant shall als o certify co mpliance with the Russian Sanctions Program by completi ng the form located in Attachment “C” (Russian Sanctions Certification), attached hereto a nd incorporated herein by reference. Consultant shall also require any subconsultants to comply with the Russian Sanctions Program and certify compliance pursuant to this Section.

13. FEDERAL PROVISIONS
Since funding for the S ervices is provided, in wh ole or in part, by the Federal Aviation Administration, Supplier shall also fully and adequa tely comply with th e provisions included in Exhibit “D” attached hereto an d 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 NEXT PAGE]
Item 3A - Page 225

SIGNATURE PAGE TO AGREEMENT BY AND BETWEEN THE CITY OF PALM

SPRINGS AND INTERVISTAS CONSULTING USA LLC

IN WITNESS WHEREOF, the P arties have executed this Agreement as of the dates s tated below.

CONTRACTOR:

By: _______________________________________ By: _________________________________________ Signature Signature
(2nd signature required for Corporations)

Date: Date:

CITY OF PALM SPRINGS:

APPROVED BY CITY COUNCIL:

Date: _______ Item No.

APPROVED AS TO FORM: A TTEST:

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
Item 3A - Page 226
EXHIBIT “A”

SCOPE OF SERVICES/WORK

Including,

Schedule of Fees

And

Schedule of Performance
Item 3A - Page 227

SCOPE OF WORK

1.0 Background:

1. T he Palm Springs International Airport (Airport) is a Small Hub ai rport owned and operated by the City of Palm Springs under the administration of the City’s Department of Aviation. The Airport is located in eastern Riverside County, approximately 2.5 miles east of the central business district of Palm Springs, California (3400 East T ahquitz Canyon Way). P SP Air port is a key component in local tourism which is the lar gest industry for the nine- city Coachella Valley. The Airport is experiencing extensive gr owth with nearly 3 millio n total passengers in calendar year 2022 and hosting 13 airlines providing 70 daily f lights during peak season. PSP also features Signature F light Support, Atlantic Aviation, private hangars, two runways, an Air Museum, and an FAA Air Traffic Control Tower.

1.1 Scope:

A. Planning Services

1. Consultant will provide planning and programming services to assist Airport an d City staff with the development and feasibility of projects including preparation of the necessary technical detail and analyses involv ed with airport planning, grant administration services, and other services for on- airport improvement projects.

Specific tasks will include the following:
a. Assist Airport staff and representatives in establishing project priorities, goals, objectives, means, and parameters for the required services. b. Attend planning meetings as scheduled and prepare and distribute meeting summaries.
c. Meet with airport s taff to develop and define program scopes and create a written program.
d. Assist with the creation of Facility Design Standards to include such items as interior/exterior signage, interior design, seating, etc. e. Provide concept a nd feasibility reviews of proposed airport property developments, including the preparation of FAA Form 7460 if applicable. f. Provide written recommendations on routine maintenance and repair fixes for airport facilities, infrastructure and systems.
g. Provide strategic planning input on FAA and non -FAA programs and projects including ACIP annual submittals.
h. Act as a liaison for the airport to the FAA or TSA on designated projects. i. Provide financial cost benefit analysis to airport staff on various pro grams.

Item 3A - Page 228
j. P
rovide recommendations on complex tangible and intangible airport issues involving airport des ign, airport functionality, airport compat ibility, and airport compliance.
k. Prepare programming documents and scope of work development. l. Provide g rant administration assistance.
m. Provide p roperty/land acquisition.
n. Assist with FAA Cost/ Benefit Analysis of projects.
o. Provide ALP updates.
p. Assist with P assenger Facility Charge Program Applications and Management.
q. Prepare L and Use studies.
r. Assist with code text, specific p lan, masterplan and sign program amendments.
s. Asist with the development and/or creation of developm ent standards and master sign program.
t. S erve as a reviewer for planning related documents submit ted to federal or local agencies.
u. Development of an Airport Strategic Business Plan.

1.2 Schedule:

Work will be conducted on an as needed basis and authorized by individual task orders for the work. Each task order will outline the timeframe to complete the work.

1.3 Compensation:

Item 3A - Page 229

Item 3A - Page 230
Executive Vice President
Senior Vice President
Vice President
Director
Manager
Consultant
Analyst
Engineer/Architect 1
Engineer/Architect 2
Engineer/Architect 3
Engineer/Architect 4
Engineer/Architect 5
Engineer/Architect 6
Planner/Environ. Specialist 1
Planner/Environ. Specialist 2
Planner/Environ. Specialist 3
Planner/Environ. Specialist 4
Designer 1
Designer 2
Technician 1
Technician 2
Administration/Management 1
Administration/Management 2
Administration/Management 3
Partner
Partner
Principal
Design Director
Project Manager
Senior Technical Designer
Senior Designer
CAD/BIM Designer
Junior CAD/BIM Designer
Admin
Table continues on next page.

ATTACHMENT "G"

HOURLY RATE SCHEDULE
$120.00 $258.00
$105.00 $226.00
$94.00 $202.00
$85.00 $183.00
$54.00 $116.00
$49.00 $106.00
$38.00 $82.00
$45.14 $87.90
$53.41 $103.99
$62.85 $122.37
$74.06 $144.20
$90.88 $176.95
$112.42 $218.89
$54.88 $106.86
$64.91 $126.39
$73.76 $143.63
$82.91 $161.44
$41.01 $79.86
$46.03 $89.62
$35.11 $68.37
$47.50 $92.50
$26.56 $51.71
$33.64 $65.49
$53.41 $103.99
$91.35 $107.82
$84.53 $99.77
$67.31 $79.45
$60.10 $70.94
$49.52 $58.45
$48.08 $56.75
$38.46 $45.39
$33.29 $39.29
$20.00 $23.61
$41.83 $49.37
G-1
Inter VISTAS
$378.00
$331.00
$296.00
$268.00
$20.00 $191.00
$19.00 $173.00
$14.00 $134.00
$19.96 $153.00
$23.61 $181.00
$27.78 $213.00
$32.74 $251.00
$40.17 $308.00
$49.70 $381.00
$24.26 $186.00
$28.70 $220.00
$32.61 $250.00
$36.65 $281.00
$18.13 $139.00
$20.35 $156.00
$15.52 $119.00
$21.00 $161.00
$11.74 $90.00
$14.87 $114.00
$23.61 $181.00
$19.92 $219.09
$18.43 $202.73
$14.68 $161.44
$13.10 $144.14
$10.80 $118.77
$10.48 $115.31
$8.39 $92.24
$7.26 $79.84
$4.36 $47.97
$9.12 $100.32
Item 3A - Page 231
Inter VISTAS
Principal $73.56 $126.07 $29.94 $ 229.57
Project Mgr. $57.92 $99.26 $23.58 $180.76
ROW Agent $40.58 $69.55 $16.52 $126.64
Right of Way Trainee $25.00 $42.85 $10.18 $ 78.02
Document Specialist $29.22 $50.08 $11.89 $ 91.19
QC Coordinator $32.62 $55.90 $13.28 $101.80
GIS Technician $36.19 $62.02 $14.73 $112.94
Architect 1 $35.00 $68.11 $10.31 $113.42
Architect 2 $41.54 $80.84 $12.24 $134.61
Architect 3 $47.35 $92.14 $13.95 $153.44
Senior Architect $57.38 $111.66 $16.91 $185.96
Historian/Planner 1 $32.88 $63.98 $9.69 $106.55
Historian/Planner 2 $37.52 $73.01 $11.05 $121.59
Historian/Planner 3 $45.13 $87.83 $13.30 $146.26
Conservator 1 $31.50 $61.30 $9.28 $102.08
Conservator 2 $41.68 $81.11 $12.28 $135.07
Conservator 3 $46.73 $90.93 $13.77 $151.43
Designer 1 $33.35 $64.90 $9.82 $108.07
Designer 2 $40.16 $78.15 $11.83 $130.14
Designer 3 $44.57 $86.73 $13.13 $144.42
Project Manager $48.72 $94.81 $14.35 $157.88
Senior Project Manager $56.66 $110.26 $16.69 $183.61
Principal $69.57 $135.39 $20.50 $225.46
Intern $25.00 $48.65 $7.37 $81.02
Administrative $38.90 $75.69 $11.46 $126.04
G-2
EXHIBIT “B”

INSURANCE PROVISIONS

Including

Verification of Coverage,

Sufficiency of Insurers,

Errors and Omissions Coverage,

Minimum Scope of Insurance,

Deductibles and Self-Insured Retentions, and

Severability of Interests (Separation of Insureds)
Item 3A - Page 232

INSURANCE

Consultant shall procure and maintain all insurance at its sole cost and expense, in a form and content satisfactory to the City, and submit concurrently with its execution of this Agreement.

Consultant shall als o carry workers’ compensation insurance in accordance with California workers’ compensation laws. Such insurance shall be kept in full force and effect during the term of this Agreement, including any extensions. Such insurance shall not be cancelable with out thirty (30) days advance written notice to City of any proposed cancellation. Certificates of insurance evidencing the for egoing and designating the City, its elected officials, officers, employees, and authorized agents, as additional insureds by original endorsement shall be delivered to and approved by City prior to commencement of Services. The procuring of such insurance and the delivery of policies, certificates, and endorsements evidencing the same shall not be construed as a limitation of Consultant’s obligation to indemnify City, its elected officials, officers, agents, employees.

2. M inimum Sc ope o
f Insurance. The minimum amount of insurance requir ed under this Agreement shall be as follows:

A. Comprehensive general liability a nd personal injury with limits of at least one mi llion dollar s ($1,000,000.00) combined single limit coverage per occurrence and two million dollars ($2,000,000) general aggregate;
B. Automobile liability insurance with limits of at least one million dolla rs ($1,000,000.00) per occurrence;
C. Professional liability (errors and omissions) insurance with limits of at least one million dollars ($1,000,000.00) per occurre nce an d two m illion dollars ($2,000,000) annual aggregate is:
____ X __ required
_____ ___ is not required;
D. Workers’ Compensation insurance in the statutory amount as required by the State of California and Employer’s Liability Insurance with limits of a t le ast on e million dollars $1 million per occurrence. If Consultant has no employees, Consultant shall complete the City’s Request for Waiver of Workers’ Compensation Insurance Requirement form.

3. Primary Insurance. Fo r any claims related to this Agreement, Consultant’s insurance coverage shall be primary with respect to the City and its respective el ected officials, officers, employees, and authorized agents. Any insurance or self -insurance maintained by City and its respective elected officials, officers, employees, and authorized agents, shall be in e xcess of Consultant’s insurance and shall not c ontribute with it. For Workers’ Compensation and Employer’s Liability Insurance only, the insurer shall waive all rights of subrogation and Item 3A - Page 233
contribution it may have against City, its elected officials, officer s, employees, and authorized agents.

4. Errors and Omissions Coverage. If Errors & Omissions Insurance is required, and if Consultant provides claims ma de professional liability insurance, Consultant shall also agree in writing either (1) to purchase tail insurance in the amount required by this Agreement to cover cl aims made w ithin t hree years o f the completion of Consultant ’s Services under this Agreement, or (2) to maintain professional liability in surance coverage with the same carrier in the amount required by this Agreement for a t least three years after completion of Consul tant’s Services under this Agreement. Consultant shall also be required to provide evidence to City of the purchase of the required tail insurance or continuation of the professional liability policy.

5. Sufficiency of Insurers. Insurance r equired in this Agreement shall be provided by authorized insurers in good standing with t he State of California. Coverage shall be provi ded by insurers admitted in the State o f California with an A.M. Best’s Key Rating of B++, Class VII, or better, unless otherwise acceptable to the City.

6. Verification of Coverage. Consul tant shall furnish City with both certificates of insurance and endorsements, including additional insured endorsements, effecting all of the coverages required by this Agreement. The certificates and endorsements are to be signed by a person authorized by that insurer to bind coverage on its behalf. All proof of ins urance is to be received and approved by the City bef ore work commences. City reserves the right to requi re Consultant’s insurers to provide complete , certified copies of all required insurance policies at any time. Additional insured endorsements are not required f or Errors and Omissions and Workers’ Compensation policies.

Verification of Insur ance coverage may be provided by: (1) an approved General and/or Auto Liability Endorsement Form for the City of Palm Springs or (2) an acceptable Certificate of Liability Ins urance Coverage with an appro ved Additiona l I nsured Endorsement with the following endorsements stated on the certificate:

A. "The City of Palm Springs, its officials, employees, and agents are named as an additional insured…” ("as respects C ity of Palm Springs Contract No.___" or "for any and all work performed with the City" may be included in this statement).

B. " This insurance is primary and non- contributory over any insurance or self - insurance the City may have..." (" as respects City of Pa lm Springs Contract No.___" or "for any and all work performed with the City" may be included in this statement).

C. " Should any of the above descr ibed policies be canceled before the expiration date thereof, the issuing company will mail 30 days writte n noti ce to t he Certificate Holder named." Language such as, “endeavor to” mail and "bu t failure to mail such notice shall impose no obligation or lia bility of any kind upon the company, its agents or represent ative" is not acceptable and must be crossed out.

Item 3A - Page 234
D. Both the Workers’ Compensation and Employers' Liability policies shall contain the insurer's wai ver of subrogation in favor of Cit y, its elected officials, officers, employees, agents, and volunteers.

In addition to the endorsements listed above, th e Ci ty of Palm Springs shall be named t he certificate holder on the policies.

All ce rtificates of ins urance and endor sements are t o be received and approved by the City before work commences. All certificat es of insurance must be authorized by a person w ith authority to bind coverage, whether that is the authorized agent/broker or insurance underwriter.

Failure to obtain the required documents prior to the commencement of work shall not waive the Consultant’s obligation to provide them.

7. Deductibles a
nd Self -Insured Retentions . Any deduct ibles or sel f-insured retentions must be decla red to and approved by the City prior to com mencing any work or Services under this Agreement. At the option of the City, either (1) the insurer shall reduce or eliminate such deductibles or self-insured retentions with respect to the City, its elected of ficials, officers, employees, agents, and volunteers; or (2) Co nsultant shall procure a bond guaranteeing payment of losses and related investigations, claim administratio n, a nd def ense expenses.

Certificates of Insurance must include evidence of the amount of any deductible or self-insured retention under the policy. Consultant guarantees payment of all deductibles and self -insured retentions.

8. Severa bility of Interest s (S eparation of Insureds) . This insur ance applies separately to each insured agains t whom claim is made or suit is b rought except with respect to the limits of the insurer’s liability.

Item 3A - Page 235
EXHIBIT “C”

EXECUTIVE ORDER N-6-22 CERTIFICATION
Item 3A - Page 236
EXECUTIVE ORDER N-6-22 CERTIFICATION
REQUESTS FOR QUALIFICATIONS (RFQ 36-23)

Executive Order N-6-22 also requires that any contractor that: (1) currently has a contract with the City of Palm Springs funded through grant funds provided by the State of California; and/or (2) submits a bid or proposal or otherwise proposes to or enter into or renew a contract with the City of Palm Springs with State of California grant funds, certify that the person is not the target of any economic sanctions against Russia and Russian entities and individuals.

The contractor hereby certifies, SUBJECT TO PENAL TY FOR PERJURY, that a) the contractor is not a target of any economic sanctions against Russian and Russian entities and individuals as discussed in Executive Order N-6-22 and b) the person signing below is duly authorized to legally bind the Contractor. This certification is made under the laws of the State of California.
r
Signature: v4,;c /Z ~ --
Printed Name: Gavin Duncan
Title: Senior Vice President
Firm Name: lnterVISTAS Consulting USA LLC
Date: November 3, 2023
Exhibit “D”

FEDERAL AVIATION ADMINISTRATION

FEDERAL PROVISIONS

Provision
Reference Provision Description
Page
No.

*Solicitation Clause also
Updated 2.8.2023
Item 3A - Page 237
FAA
- 01 Access to Records and Reports
APPLICABILITY – pertains to all contracts.

Reference: 2 CFR § 200.334, 2 CFR § 200.337, FAA Order 5100.38 Item 3A - Page 238
FAA
- 02 Affirmative Action Requirement

NOTICE OF REQUIREMENT FOR AFFIRMATIVE ACTION TO

ENSURE EQUAL EMPLOYMENT OPPORTUNITY
APPLICABILITY – per tains to all contracts over $10,000 as follows:

Construction – AIP funded construction work contracts and subcontracts that exceed $10,000.

Construction work means cons truction, re habilitation, alteration, conversion, extension, demolition or repair of buildings, highways or other changes or improvements to rea l 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 manu facture of the equipment takes place offsite at a m anufacturer’s plant (e.g., firefighting and snow removal vehicles).

Professional Services – any professional service agreement if the professi onal 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 lan d acq uisition if the agreement includes construction work (defined above) t hat excee ds $1 0,000. 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.

Timetables
Goals for minority participation for each trade: not applicable Goals for female participation in each trade: not applicable 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 f or such geographical area where the work is actually per formed. Wit h regard to t his second area, the C ontractor 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 i ts implem entation of the Equal Opportunity Clause, s pecific affirmative action obligations required by the specifications set forth in 41 CFR 60-4.3(a) and its efforts to meet the g oals. Th e ho urs of minority and female employment and training must be Item 3A - Page 239
substantially uniform throug hout the length of the contract, and in each trade, and the Contractor shall make a good faith effort to employ minorities and women evenly on each of its projects. The transfer of minority or female employees or trainees from Contractor to Contractor or f rom project to project for t he sole purpose of meeting the C ontractor’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 ti er for construction work under the contract resulting from this solicitation. The notification shall list the name, address, and telephone number of the subcontractor; employer ident ification number of the subcontractor; estimated dollar amount of the subco ntract; 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 con tract resulting from this solicitation, the “covered area” is California, Riverside County, Palm Springs.

Refer
ence: 41 CFR Part 60-4
Item 3A - Page 240

REQUIREMENT -
See Section 4.5 of the Agreement.

Reference: 2 CFR § 200 Appendix II(A)
Item 3A - Page 241
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 t han an item of primarily iron or steel; a m anufactured product; cement and cementitious materials; aggregates such as stone, sand, or gravel; or aggregate binding agents or additives t hat are or consist primarily of: non- ferrous meta ls; plastic an d polymer -based products (including polyvinylchloride, composite building materials, and polymers used in fiber optic cables) ; glass (including optic glass); lumber; or drywall used in t he project are manufactured in the U.S.

Reference: Title 49 USC § 50101
Item 3A - Page 242
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 progr am, the Contractor agrees to comply with pertinent statutes, Executive Or ders, and s uch r ules as identified in Title VI List of Pertinent Nondiscrimination Acts and Authorities to ensure that no per son 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
Item 3A - Page 243
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 Contract or, 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 § 2 000d et seq., 78 stat. 252) (prohibits discrimination on the basis of race, color, national origin); • 49 CFR part 21 (Non-discrim ination in Federally -Assisted programs of the Depart ment 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 US C § 7 94 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);
• A irport and Airway Improvement Act of 1982 (49 USC § 47123), as amended (prohibits discrimination based on race, creed, color, national origin, or sex); • The Civil Right s Restoration Act of 1987 (PL 100- 259) (broadened the scope, coverage and applicability of Title VI of the Civil Rights Act of 19 64, the Age Discrimination Act of 1975 and Section 504 of the Rehabilit ation Act of 1973, by expanding the definition of the term s “programs or activities” to include all of the programs or activities o f 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 Disabilitie s Act o f 1990 (42 USC § 12101, et seq) (prohibit discrimination on the basi s of disability in the operation of public entities, public and private transportation systems, places of public a ccommodation, 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 P opulations (ensures nondiscrimination against minority populations by discouraging programs, polic ies, and ac tivities with disp roportionately high and adverse human health or environmental effects on minority and low-income populations); • Executive O rder 131 66, Imp roving Access to Services for Persons with Limited English Proficiency, and resulting agency guidance, national origin discrimination includes discrimination Item 3A - Page 244
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 1 972, as am ended, 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) wi ll comply with the Title VI List of Pertinent Nondiscrimination Acts an d Authorities, as they may be amended from time to time, whic h are herein incorporated by reference and made a part of this contract.

2. Nondiscrimination: The Contractor, with regard to the work per formed by it duri ng 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 retenti on of subcontractors, including procurements of materials and leases of equipment. The Contractor will not participate directly or indirectly in t he 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 m ade by the Contract or for work to be performed under a s ubcontract, including procurements of materials, or leases of equipment, each potential subcontractor or supplier will be notifie d by the Contractor of the Contractor’s obligations under th is contract a nd 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 iss ued pursuant thereto and will permit access to its books, records, ac counts, other sources of information, and its facilities as may be determined by the City o r 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 f ails 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 : I n the ev ent of a Co ntractor’s noncompliance with the non-discrimination provisions of this contract, the City w ill impose such contract sanctions as it or the Federal Aviation Administra tion may determine to be appropriate, including, but not limited to:
a. Withholding pay m ents t o the Contractor under the contract until the Contractor complies; and/or
b. Cancelling, t erminating, or suspending a contract, in whole or in part.

Item 3A - Page 245

6. Incor
poration of Pro visions: The Contractor will include the provisions of paragraphs one through six i n 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 procur ement as the City or the Federal Aviation Administrati on 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, o r supplier because of such direction, the Contractor m ay 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
Item 3A - Page 246
FAA
– 07 Clean Air/Water Pollution Control
APPLICABILITY – This provision is required for all contracts and lo wer tier c ontracts that exceed $150,000.

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

Item 3A - Page 247
FAA
– 08 Contract Work Hours and Safety Standards
APPLICABILITY – This provision is required for contracts as follows:

Contract Work H ours and Safety Standards Ac t Requirements ( CWHSSA) (40 USC §§ 3702 & 3704) requires contractors and subcontractors on covered contracts to pay laborers and mechanics employed in the performance of the cont racts not less than one and one- half times their basic rate of pay for all hours worked over 4 0 in a wor kweek.

CWHSSA prohibits unsanitary, hazardous, or dangerous working conditions on federally - assisted projects. The Wage and Hour Division (WHD) within the U.S. D epartment of Labor (DOL) enforces the compensation requirements of t his Act, wh ile DOL ’s Occupational Safety and Health Administration (OSHA) enforces the safety and health requirements.

Contract Types –
Construction – This provision applies to all c ontracts 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 p rojects whe re th e manufact ure 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, m echanics, wa tchmen, and guards. This includes members of survey crews and exploratory drilling operations.

Property – While m ost land t ransactions do not involve employment of laborers, mechanics, watchmen, and guards, under certain circumstances, a property acquisit ion 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 c ontracting for any part of the contract work which may require or involve the employment of laborers or mechanics shall requi re 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 ex cess of fo rty hours in such workweek unless such laborer or mechanic receives compensation at a rate not les s than one and one-half times the basic rate of pay for al l 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 thi s clause, the Contractor and any subcontractor respons ible 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 Colum bia or a territory, to such District or to such territory), for liquidated damages. Such liquidated damages shall be computed with re spect 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 cal endar day on which such individual was required or permitted to work in excess of the sta ndard workweek of forty hours without payment of the overtime wages required by the clause set forth in paragraph (1) of this clause.

Item 3A - Page 248

3. Withholding for Unpaid Wages and Liquidated Damages.

The Federal Aviation Administration (FAA) or th e City shall upon its own action or upon written request of an authorized representative of the Department of Labor withhol d or cause to be wi thheld, from any moneys payable on account of work performed by the Contractor or subcontractor under any such c ontract or any o ther Federal contract with the same pr ime Contractor, or any other federally -assisted contract subject to th e Contract Work Hour s and Safety Standards Act, which is h eld by th e same prime Contractor, such sums as may be determined to be nec essary 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 subcont racts 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 cont ractor 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
Item 3A - Page 249
F AA
– 09 Copeland Anti-Kickback

Contract Types –
Construction – This provision applies to al l construction cont racts and subcontracts financed under the AIP that exceed $2,000.

Reference: 2 CFR Part 200, Appendix II(D); 29 CFR Parts 3 and 5 Item 3A - Page 250
FAA
– 10 Davis Bacon Requirements

Contract Types –
Construction – all construction contracts and subc ontracts that exceed $2,000 and include funding from the AIP.

Fencing Projects – Fencing projects that exceed $2,000 must include this provision.

DAVIS-BACON REQUIREMENTS

Contributions made or costs rea sonabl
y anticipated for bona fide fringe benefi ts 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 f or more than a w eekly 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 w age rate and fringe benefits on the wage Item 3A - Page 251
deter
mination for the classification of work actually performed, without regard to skill, except as provided in 29 CFR § 5.5(a)(4). Laborers or mechanics performing work in more than one classification may b e 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 determ ination (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 determinati on 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 rat e, incl uding 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 classi fication and wage rate (including the amount d esignated 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 o fficer, 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 (inc luding f ringe 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 cont ract from the first day on which work is perfor med in the classification.
(iii) Whenever the minimum wage rate prescribed in the contract for a class of laborers or mechani
cs includes a fringe benefit which is not expressed as an hourly rate, the contracto r 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.

Item 3A - Page 252
(i
v) If the Contractor does not make payments to a trustee or other third person, the Contractor may cons ider as part of the wages of any laborer or mec hanic the amount o f any costs reasonably anticipated in providing bona fide fringe benefits under a plan or program, Provided, that the Secretary of Labor has found, upon the written request of the Cont ractor, that the applicable standards of the Davis -Bacon Act hav e been m et. T he 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.

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 Dav is-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 o f apprenticeship programs and certification of trainee programs, th e registration of the apprentices and trainees, and the ratios and wage rates prescribed in the applicable programs. (ii)(A) Th e Contractor shall submit weekly for each week in which any contract work is perf
ormed 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 pay rolls 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 Item 3A - Page 253
shal
l 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 informa tion 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 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 n ot such a party, the Contractor will submit them to the applicant, the City, or Owner, as the case may be, for transmission to t he 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 pay s 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), th e appropriate information is bei ng mai ntained 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 d uring the payroll period has been paid the ful l weekly wa ges earned, without rebate, either directly or indirectly, and that no deductions have been made either directly or indirectly f rom the full wages earned, other than permissible deductions as set for th in Regulations, 29 CFR Part 3;
(3) That ea ch 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 pro perly 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 a bove c ertifications 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 r equired 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 empl oyees during w orking 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 Item 3A - Page 254
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.

Apprentices shall be paid fringe benefits in accordance with the provisions of the apprenticeship program. If the apprenticeship program does not speci fy fringe benefits, apprentices must be paid the full amount of fri nge benefits listed on the wage determination for the applicable classification. If the Administrator determines that a different practice prevails for the applicable apprentice classificat ion, fring es shall be paid in accordance with that det ermination. I n the event t he Office of Apprenticeship Training, Employer and Labor Services, or a State Apprenticeship Agency recognized by t he Office, withdraws approval of an apprenticeship program, the Contractor will no longer be permitted to utilize apprentices at less than th e 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 permi tted 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 , Employ ment 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 sp ecified in the app roved program for t he 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 t he 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 Item 3A - Page 255
the c
orresponding 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 train ing plan approved by the Employment and Training Administration shall be pa id not less than the applicable wage rate on the wage determination for the classification of work actually performed. In addition, any trainee performing work on the job site in excess of the ratio permitted under the registered program shall be paid not less than the applicable wage rate on the wage determination for the work actually performed. In the event the Employment and Training Administration withdraws approval of a training program, the Contractor will no longer be permitted to ut ilize trainees at l ess than the applicable predetermined rate for the work performed until an acceptable program is approved. (iii) E qual Employment Opportunity. The utilization of appr entices, trainees, and journeymen under this part shall be in conform ity with the e qual 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.

7. Contract Termination: Debarment.

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.

10. Certification of
Eligibility.

Item 3A - Page 256
(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 contrac ts by v irtue of section 3(a) of the Davis -Bacon Act or 29 CFR §

Reference: 2 CFR Part 200, Appendix II(D) ; 29 CFR Part 5; 49 USC § 47112(b) ; 40 USC §§ 3141-3144, 3146, and 3147
Item 3A - Page 257
FAA –
11 Debarment and Suspension
APPLICABILITY - This requirement applies to covered transactions, which are defined in 2 CFR part 180 (Subpart B). AIP funded contr acts are non-procurement transactions, as defined by 2 CFR § 180.970. C overed 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 o r exceed $25,000. This includes contracts associated with land acquisition projects.

A11.3.2 Lower Tier Contract Certification

1. C hecking 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.

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
Item 3A - Page 258
FAA
– 12 Disadvantaged Business Enterprise
APPLICABILITY – all contracts with Airports that have a DBE program on file with the FAA.

The prime Contractor shall utilize the specific DBEs listed t o perform the work and supply the materials for which each is listed unless the C ontractor obtains written consent of the City.

Unless City consent is provided, the prime Contractor shall not be entitled to any pa yment 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 DB E firm.

For purposes of this paragraph, good cause includes the circum stances listed in 49 CFR §26.53.

Before transmitting to the City its request to terminate and/or substitute a DBE s ubcontractor, the prime C ontractor must give notice in writing to the D BE 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 advis
e the City a nd the Contractor of the reasons, if any, why it objec ts to t he proposed Item 3A - Page 259
termi
nation of its subcontract and why the City should not approve the prime C ontractor'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
Item 3A - Page 260
FAA
– 13 Distracted Driving
APPLICABILITY - contracts that exceed the micro-purchase threshold of 2 CFR § 200.320 (currently set at $10,000).

REQUIREMENT -

Reference: Executive Order 13513, DOT Order 3902.10
Item 3A - Page 261
FAA
– 14 Prohibition on Certain Telecommunications and Video Surveillance Services and Equipment
APPLICABILITY - all AIP funded contracts and lower-tier contracts.

Reference: 2 CFR § 200, Appendix II(K); 2 CFR § 200.216 Item 3A - Page 262
FAA
– 15 Drug Free Workplace Requirements
APPLICABILITY - This provision applies to all AIP funded proje cts, b ut not t o the contracts between the City and a contractor, subcontractors, suppliers, or subgrantees.

Reference: 49 CFR part 32, Drug-Free Workplace Act of 1988 (41 U.S.C. 701 et seq., as amended)

Item 3A - Page 263
FAA
– 16 Equal Employment Opportunity
APPLICABILITY – The purpose of this provision is to provide equal opportunity for all per sons, without regard to r ace, co lor, r eligion, 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.

Contract Types –
Construction – all construction contracts and subcontracts as required above.

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.

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 s election for training, including apprenticeship. The Contract or 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 solicitatio ns or advertisements for employe es 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 Item 3A - Page 264
empl
oyee's essential job functions discloses t he compensation of such other employees or applicants to individuals who do not otherwise have access to such information, unless such disclosure is in response to a formal complaint or charge, in furtherance of an investigation, proceeding, hearing, or ac tion, 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 inf ormation 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 w ith 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

Depart
ment of Labor, or any person to whom the Director delegates authority; Item 3A - Page 265
c.
“Em ployer identification number” means the Federal social security number used on the Employer’s Quarterly Federal Tax Return, U.S. Treasury Department Form 941; d. “Minority” includes:
(1) Black (all persons having origins in any of the Black African racial groups not of Hispanic origin);
(2) Hispanic (all persons of Mexican, Puerto Rican, Cuban, Central or South American, or other Spanish culture or origin, regardless of race);
(3) A sian and Pacific Islander (all persons having origins in any of the ori ginal 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 ori ginal peoples of North America and maintaining identifiable tribal affiliations through membership and participation or community identification).

The Contractor is expected to make substantially uniform progress in meeting its goals in each craft during the period specified.

Item 3A - Page 266

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 sit es, 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 Contract or or its u nions 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 a nd female off -the-street applicant and minority or female ref erral 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 uni on 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 uni on 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-j
ob training opportunities and/or participate in training programs for the area which expressly include minorities and women, including upgrading programs and apprenticeship and trainee progr ams relevant to the Contracto r’s employment needs, especially those programs funded or approved by the Department of Labor.

Item 3A - Page 267
The Cont
ractor shall provide notice of these programs to the sources compiled under 7b above.
f. Disseminate the Contractor’s EEO policy by providing notice of the policy to unions and training programs and requesting their cooperation in assisting the Contractor in meeting its EEO obligations; by including it in any policy manual and collective bargaining agreement; by publicizing it in the company newspaper, annual report, etc.; by specific review of the policy with all management personnel and with all minority and female employees at least once a year; and by posting the company EEO policy on bulletin boards accessible to all emp loyees 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, l ayoff, termination, or other employment decisions including specifi c 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 meet ings, 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, fe male, 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 not ification to organizations such as the above, describing the openings, screening procedures, and tests to be used in the s election process.
j. E ncourage present minority and female employees to recruit other minority persons and women and, where reasonable, provide after school, summer, and vacation employment to m inority 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 an d evaluation at least of all minority and female personnel, f or 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 ot her

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.

Item 3A - Page 268
n. E
nsure 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 of fers 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, a t least annually, of all s upervisor’s adherence to and per formance under the Contractor’s EEO policies and affirmative action obligations.

9. A single goal fo r minorities and a separate single goal for women have been established.

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 carr y o ut
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 am ended, 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.

Item 3A - Page 269

13. The
Contractor, in fulfilling it s 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 effo rts to ensure equal employment opportunity. If the Contractor fails to comply wi th 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.

Reference: 2 CFR 200, Appendix II(C), 41 CFR § 60-1.4, 41 CFR § 60- 4.3, Executive Order 11246

Item 3A - Page 270
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.

Reference: 29 USC § 201, et seq; 2 CFR § 200.430
Item 3A - Page 271
FAA
– 18 Lobbying and Influencing Federal Employees
APPLICABILITY- all contracts exceeding $100,000.

Reference: 31 USC § 1352 – Byrd Anti-Lobbying Amendment, 2 CFR part 200, Appendix II( I), 49 CFR part 20, Appendix A
Item 3A - Page 272
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 mus t be included in all contracts that include the equal opportunity clause, regardless of the amount of the contract.

Professional Services – Professional services that include tasks that qualify as construction work as defined by 41 CFR part 60 -1. Ex amples include the installation of noise monitoring equipment.

Reference: 2 CFR Part 200, Appendix II (C); 41 CFR Part 60-1 Item 3A - Page 273
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 an d Health Administration (OSHA) o versees the workplace health and safety standards wage provisions from OSH.

Department of Labor – Occupational Safety and Health Administration.

Reference: 29 CFR part 1910
Item 3A - Page 274
FAA
– 21 Procurement of Recovered Materials
APPLICABILITY – C ontract 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.

The list of EPA -designated items is available at www.epa.gov/smm/comprehensive - procurement-guidelines-construction-products.

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)
Item 3A - Page 275
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 exper imental, 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.

Reference: 2 CFR § 200, Appendix II(F), 37 CFR 401

Item 3A - Page 276
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

A23.3.2 Construction Contracts

Reference: 49 CFR Part 41
Item 3A - Page 277
FAA
– 24 Tax Delinquency and Felony Conviction
APPLICABILITY – This provision applies to all contracts funded in whole or part with AIP.

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

Item 3A - Page 278
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 Item 3A - Page 279
FAA
– 26 Foreign Trade Restriction
APPLICABILITY – all AIP funded projects.

REQUIREMENT -

The Contractor ag rees 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 Item 3A - Page 280
dis
criminate against U.S. firms as published by USTR, unless the Contractor has knowledge that the certification is erroneous.

Reference: 49 USC § 50104, 49 CFR part 30

Item 3A - Page 281
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 supervis ory 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.

This preference only applies when there are covered veter ans readily available and qualified to perform the work to which the employment relates.

Reference: 49 USC § 47112(c)
Item 3A - Page 282
FAA
– 28 Domestic Preferences for Procurements
APPLICABILITY – all contracts and Purchase orders for work or products under the grant.

Reference: 2 CFR § 200.322; 2 CFR Part 200, Appendix II(L)

Item 3A - Page 283

ATTACHMENT E
CONSULTING SERVICES AGREEMENT NO. 23Q387
WITH AECOM TECHNICAL SERVICES, INC.

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C ONSULTING SERVICES AGREEMENT 23Q387

ON-CALL PROJECT SERVICES FOR PALM SPRINGS
INTERNATIONAL AIRPORT – CONSTRUCTION MANAGEMENT

SERVICES

THIS AGREEMENT FOR CONSULTING SERVICES (“Agreement”) is made and entered into on January 15, 2024, by and between th e City of Palm Springs , a California charter city and municipa l corporation (“City”), and AECOM Technical Services, Inc., a California Corporation, (“Consultant”). City and Consultant are individually referr ed to as “Party” and are collectively referred to as the “Parties”.

RECITALS

A. City requires the services of a construction management firm, for On Call Project Services, (“Project”).

B. Consultant has submitted to City a proposal to provide construction management services, to City under the terms of this Agreement.

C. Based on it s experience, education, training, and reputation, Consultant is qualified and desires to provide the necessary services to City for the Project.

D. City
desires to retain the services of Consultant for the Project.

NOW, THEREFORE, in consideration of the promises and mutual obligations, covenants, and conditions contained her ein, a nd ot her val uable consi deration, the receipt and sufficiency of which are hereby acknowledged, the Parties agree as follows:

AGREEMENT

1. CONSULTANT SERVIC
ES

1.1 Scope of Servi ces. In compliance with all terms and conditions of this Agreement, Consultant shall provide services to City as described in the Scope of Services/Work attached to this Agreement as Exhibit “A” and incorporated by reference (the “Services” or “Work”). Exhibit "A" includes the agreed upon schedule of performance and the schedule of fees. Ser vices shall be performed in a competent, professional, and satisfactory manner consistent with the level of care and skill ordinarily exercised by experienced, and we ll qualified members of the profession currently practicing under similar conditions. In t he event of any inconsistency between the terms contained in the Scope of Services/Work and the terms set forth in this Agreement, the terms set forth in this Agreement shall govern.

1.2 Compliance wi
th Law . Consultant shall comply with all applicable fed eral, state, and local laws, statutes and ordinances and all lawful orders, rules, and regulations when performing the Services. Consultant shall be liable for all violations of such laws and regulations in connection with the Services and this Agreement.

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1.3 Licenses and Permits . Consultant shall obtain at its sole cost an d expense such licenses, permits, and approvals as may be required by l aw for the performance of the S ervices required by this Agreement.

1.4 Familiarity with Work . B y e xecuting this Agreement, Consultant represents that it has carefully considered how the Work should be performed and fully understands the facilities, difficulties, and restrictions attending performance of the Work under this Agreement.

2. TIME FOR COMPLETIO N
The time f or completion of the Services to be performed by Consultant is an essenti al condition of this Agreement. Consultant shall prosecute regularly and diligently the work of this Agreement according to the agreed upon s chedule of performance set forth in Exhibit “A .” Neither Party shall be accountable for delays in performance caused by any condition beyond the reasonable control and without the fault or negligence of the non- performing Party. Delays shall not entitle Consultant to any additional compensation regardless of the P arty responsible for the delay.

3. COMPENSATION OF CONSULTANT

3.1 Compensation of Consultant. Consultant shall be compensated and reimbursed for the services rendered under this Agreement in accordance with the schedu le of fees set forth in Exhibit “A”. The total amount of Compensation shall not exceed $22,500,000.

3.2 Method of Payment . I n any month in which Consultant wishes to receive payment, Consultant shall submit to City an invoice for Services rendered prior to the date of the invoice, no later than the first working day of such month, in the f orm approved by City’s finance director. Payments shall be based on the hourly rates set for th in Exhibit “A” fo r authorized services performed. City shall pay Con sultant for all expenses stated in the invoice that are approved by City and consistent with this Agreement, within thirty (30) days of receipt of Consultant’s invoice.

3.3 Changes . I n the event any ch ange or changes in the Scope of Services/Work is requested by City, Par ties shall execute a written amendment to this Agreement, specifying all proposed amendments, including, but not limited to, any additional fees. An amendment may be entered into:

A. To provid e fo r revisions or mo difications to documents , work product, or Work, when required by the enactment or revision of any subsequent law; or B. To provide for additional services not included in this Agreement or not customarily furnished in accordance with generally accepted practice in Consultant’s profession.

3.4 Approp riations. This Agreement is subject to, and contingent upon, funds being appropriated by the City Council of City for each fiscal year. If suc h appropriations are not made, this Agreement shall terminate without penalty to City. City shall promptly not ify Consultant of such termination.

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4. PERFORMANCE SCHEDULE

4.1 Time of Essence. Time is of the essence in the performance of this Agreement.

4.2 Schedule of Performance. All Services rendered under this Agreement shall be performed under the agreed upo n schedule of performance set forth in Exhibit “A.” Any time period extension must be approved in writing by the Contract Officer. Notwithstanding the foregoing, Consultant shall not be responsible for delays due to causes beyond Consult ant's reasonable control including, Force Majeure Events described in Section 4.3.

4.3 Force Majeure. The t ime for performance of Services to be rendered under thi s Agreement may be extended because of any delays due to a Force Majeure Event, if Consultant notifies the Contract Officer within ten (10) days of the becoming aware of the Force Majeure Event. A For ce Majeure Event shall mean an event that materially aff ects the Consultant’ s performance and is one or more of the following: (1) Acts of God or ot her natural disast ers occurring at the project site; (2) terrorism or other acts of a public enemy; (3) orde rs of governmental authorities (including, without limitation, unreasonable and unforeseeable delay in the issuance of permits or approvals by gover nmental authorities that are required for the Work); and (4) pandemics, epidemics or quarantine restrictions. For purposes of this section, “orders of governmental a uthorities,” includ es ordinances, emergency proclamations and orders, rules to protect the public health, wel fare and safety, and other actions of the City in its capacity as a municipal authority. After Consultant notification, the Contract Officer shall investigate the facts and the extent of any necessary delay and extend the time for performing the Services f or the period of the enforced delay when and if, in the Contract Officer’s judgment, such delay is justified. The Contract Officer’s determination shall be final and conclusive upon the Parties to this Agreement. The Consultant will not r eceive an adjustment to the contract price or any other compensation. Notwithstanding the foregoing, the Cit y may still terminate this Agreement in accordance with the termination provisions of this Agreement.

4.4 Term. Un
less earlier terminated in accordance with Section 4.5 of this Agreement, this Agreement shall con tinue in full force and effect for a period of five years, commencing on January 15, 2024, and ending on January 14, 2029, unless extended by mutual written agreement of the parties.

4.5 Termination Prior to Expiration of Term . C
ity may terminate this Agreement
at any time, with or without cause, upon thirty (30) days written notice to Consultant. Wher e termination is due to the fault of Consultant and constitutes an i mmediate danger to health, safety, and general welfare, the period of notice shall be such shorter time as may be determined by the City. Upon receipt of the notice of termination, Consult ant shall immediately cease all Services except such as may be speci fically approved by the Contract Officer. Consultant shall be entitled to compensation for all Services rendered prior to receipt of the notice of termination and for any Services authorized by the Contract Officer after such notice. City shall not be liab le for any costs other than the charges or portions thereof which are specified herein. Consultant shall not be entitled to payment for unperformed Services and shall not be entitled to da mages or compensation for termination of Work. If the termination is for cause, the Ci ty shall have the right to take whatever steps it deems necessary to correct Consultant's deficiencies and charge the cost thereof to Consultant, who shall be liable for t he full cost of the City's c orrective action.

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Consultant shall be given reasonable opportunity to cure or remedy the deficiencies prior to any corrective action or termination by the City. Consultant may not terminate this Agreement except for cause upon thirty (30) days written notice to City.

5. COORDINATION OF WORK

5.1 Representative of Consultant. The following principal of Consultant is designated as being the principal and representative of Consultant authorized to act and make all decisions in its behalf with re spect to the specified Services and work: Todd Gnospelius , Vice President - Aviation. It is expressly unde rstood that the experience , knowledge, education, capability, and reputation of the foregoing principal is a substantial inducement f or City to enter into this Agreement. Therefore, the foregoing principal shall be responsible during the term of this Agr eement f or di recting all activities of Consultant and devoting sufficient time to personally supervise the Services under this Agreeme nt. The f oregoing principal may not be changed by Consultant without prior written approval of the Contract Officer.

5.2 C ontract Officer . The C ontract Officer shall be the City Manager or his/her designee ("Contract Officer"). Consultant shall be responsible for keeping the Contract Officer fully informed of the progress of the perf ormance of the Services . Consultant shall refer any decisions that must be made by City to the Contract Officer. Unless otherwise specified, any approval of City shall mean the approval of the Contract Officer.

5.3 Prohibition Against Subcontracting or As sig nment. The experience, knowledge, education, capability, and reputation of Consultant , its principals and employees, were a substantial inducement for City to enter into t his Agr eement. Consultant shall not contract with any other in dividual or entity to perform any Services required under this Agreement without the City's express written approval. In addition, neither this Agreement nor any interest may be assigned or t ransferred, voluntarily or by operation of law, without the prior written approval of City. Subcontracts, if any, shall c ontain a provision making them subject to all provisions stipulated in this Agreement including without limitation the insurance and indemnification requirements. If Consultant is permitted to subc ontract any part of this Agreement by City, Consultant shal l be re sponsible to City for the acts and omissions of its subcontractor(s) in the same manner as it is for persons directly employed. Nothing contained in this Agreement shall create any contractual relationships between any subcontractor and City.

5.4 I ndependent Cons
ultant. N either City nor any of its employees shall have any control over the manner, mode , or means by which Consultant , its agents or employees, perform the Services required, exc ept as otherwise s pecified. Consultant shall perform all requir ed Services as an independent Consultant of City and shall not be an employee of City and shall remain at all times as to City a wholly independent Consultant with only such obligations as are consistent with that role; however, City shall have the right to review Consultant’s work product, result, and advice. Consultant shall not at any time or in any manner represent that it or a ny of its agents or employees are agents or employees of City. Consultant shall pay all wages, salaries, and other amounts due personnel in connection with their performance under this Agreement and as required by law. Consultant shall be responsible for all re ports and obligations respecting such personnel, including, but not limited to: social security taxes, income tax withhold ing, Item 3A - Page 288
unemployment insurance, and workers’ compensation insurance. Consultant shall not have any authority to bind City in any manner.

5.5 Personnel. Cons ultant agrees to assign the following individuals to perform the Services in this Agreement. Consultant shall not alter the assignment of the following personnel without the prior written approval of the Contract Officer. Act ing through the City Manager, the City shall have the unrestricted right to order the removal of any personnel assigned by Consultant by providing written notice to Consultant.

Name: Title:

Matt Ulukaya Project Manager
Scott Hand Construction Manager
Laurie Stidham Construction Manager
Ryan Evers Construction Manager
Rick Tietgens, PE Construction Manager

5.6 California Labor Code Requirements.

A. Consultant is aware of the requirements of California Labor Code Sections 1720 et seq. and 1770 et seq., which requi re the paym ent o f prevailing wage rates and the performance of other requirements on certain “public works” and “maintenance” pro jects (“Prevailing Wage Laws”). If the S ervices are being performed as part of an applicable “public works” or “m aintenance” p roject, as de fined by the Prevailing Wage Laws, and if the total compensation is $15,000 or more for maintenance or $25,000 or more for construction, alteration, demolition, installatio n, or repair, Consultant agrees to fully comply with such Prevailing Wage Laws. Consul tant shall defend, indemnify and hold the City, its officials, officers, employees and agents free and harmless f rom any claims, liabilities, costs, penalties or interest arising out of any failure or alleged failure to comply with the Prevailing Wage Laws. It shall be mandatory upon the Consultant and all subcontractors to comply with all California Labor Code provis ions, which include but are not limited to prevailing wages (Labor Code Sections 1771, 1774 and 1775) , employment of a pprentices (Labor Code Section 1777.5), certified payroll records (Labor Code Sections 1771.4 and 1776), hours of labor (Labor Code Sections 1813 and 1815) and debarment of contractors and subcontractors (Labor Code Section 1777.1).

B. If t he S ervices are being performed as part of an applicable “public works” or “maintenance” project and if the total compensation is $15,000 or more for m aintenance or $25,000 or more for construction, alteration, demolition, installation, or repair, then pursuant to Labor Code Sections 1725.5 and 1771.1, the Consultant and all subcontractors performing such Services must be registered with the Department o f Industrial Relations. Consultant shall maintain registration for the duration of the Project and require the sam e of any subcontractors, as applicable. This Agreement may also be subject to compliance monitoring and enforcement Item 3A - Page 289
by the Department of Indus trial Relations. It shall be Consultant ’s sole responsibility to comply with all applicable registration and labor compliance requirements.

6. INSURANCE
Consultant shall procure and maintain, at its sole cost and expense, policies of insurance as set forth in the attached Exhibit "B", incorporated herein by reference.

7. INDEMNI FICATION.

7.1 Indemnification. To the fullest extent per mitted by law, Consultant shall defend (at Consultant ’s sole cost and expense), indemnify, protect, and hold harmless Ci ty, its elected officials, officers, employees, agents , and volunteers ( collectively the “Indemnified Parties”), from and against any and all liabilities, actions, suits, claims, demands, losses, costs, judgments, arbitration awards, settlements, damages , demands, orders, penalties, and expenses including legal costs and attorney fees (collectively “Claim s”), includi ng but not l imited to Claims arising from injuries to or death of persons ( Consultant’s employees included), for damage to property, including property owned by City, for any violation of any feder al, state, or local law or ordinance or in any m anner aris ing out of, pertaining t o, or incident to any acts, errors or omissions, or willful misconduct committed by Consultant , its officers, employee s, representatives, and agents, that arise out of or rel ate to Consultant’s performance of Services or this Agreement. This indemnification clause excludes Claims arising from the sole negligence or willful misconduct of the Indemnified Parties. Under no c ircumstances shall the insurance requirements and limits set forth in th is Agreement be construed to l imit Consultant’s indemnification obligation or other liability under this Agreement. Consultant ’s indemnification obligation shall survive the expirat ion or earlier termination of this Agreement until all a ctions against the Indemnified Parties for such matters indemnified are fully and fi nally barred by the applicable statute of limitations or, if an action is timely filed, until such action is final.

7.2 Design Professional Services Indemnification and Reimbursement. If Consultant’s obligation to defend, indemnif y, and/or hold har mless arises out of Consultant ’s performance as a “design professional” (as that term is defined under Civil Code section 2782.8), then, and only to the extent required by Civil Code section 2782.8, which is fully incorpor ated herein, Consultant’s indemnification obligation shall be limited to the extent which the Claims arise out of, pertain to, or relate to the negligen ce, recklessness, or willful misconduct of the Consultant in the performance of the Services or this Agreement, and, upon Consultant obtaining a final adjudication by a court of competent jurisdiction, Consultant ’s liability for such claim, including the cost to defend, shall not exceed the Consultant’s proportionate percentage of fault.

8. RECORDS AND REPORTS

8.1 Reports. Consultant shall periodically prepare and submit to the Contract Officer reports concerning the performance of the Services required by t his Agreement , or as the Contract Officer shall require.

8.2 Records. C ons ultant shall keep complete , accurate, and detailed accounts of all time, costs, expenses, and expenditures pertaining in any way to this Agreement. Consultant shall keep such books and records as shall be necessary to properly perform the Services Item 3A - Page 290
required by this Agreement and en able the Contract Officer to evaluate the performance of such Services. The Contract Officer shall have full and free access to such books and records a t all reasonable times, including the right to inspect, copy, audit , and m ake records and transcripts from such records.

8.3 Owners hip of Documents . All drawings, specifications, reports, records, documents, and other materials prepared by Consultant in t he performance of this Agreement shall be the property of City upon payment of all amounts due. Consult ant shall deliver all above-referenced documents to City upon request of the Contract Officer or upon the termination of this Agreement. Consultant shall have no claim for further employment or additional compensation as a resu lt of the exercise by City of its full rights or ownership of the documents and materials. Consultant may retain copies of such documents for Consultant's own use.

Consultant shall have an unrestricted right to use the concepts embodied in such documents.

8.4 Release of Documents . Al l drawings, specifications, reports, re cords, documents, and other materials prepared by Consultant in the performance of Services under this Agreement s hall not be released publicly without the prior written approval of the Contract Officer.

8.5 Audit and Ins pection of Records. After receipt of reasonable notice and during the regular business hours of City, Consultant shall provide City, or other agents of City, such access to Consultant’s books, records, payroll documents, a nd facilities as City deems n ecessary to examine, copy, audit, and i nspect all accounting books, records, work data, documents, and activities directly related to Consultant’s perfor mance under this Agreement. C onsultant shall maintain s uch books, records , data, and documents in acco rdance with generally accepted accounting principles and shall cl early identify and make such items readily accessible to such parties during the term of this Agreement and for a peri od of three (3) years from the date of final payment by City hereunder.

9. ENFORCEMENT OF AGREEMENT

9.1 Californi a Law. This Agreement shall be construed and interpreted both as to validity and to performance of the parties i n accordance with the laws of the State of California.

Legal actions concerning any dispute, claim , or matter arising out of or in relation to this Agreement shall b e ins tituted in the Superior Court of the County of Riverside , State of California, or any other appropriate court in such county, and Consultant covenants and agrees to submit to the personal jurisdiction of such court in the event of such action.

9.2 Interpre tation. This Agreement shall be construed as a whole according to its fair language and common meaning to achieve the objectives and purpose s of the Parties. The terms of this Agreement a re contractual and the result of negot iation between the Parti es.

Accordingly, any rule of construction of contracts (including, without limitation, Cal ifornia Civil Code Section 1654) that ambiguities are to be construed agai nst the drafting party, shall not be employed in the interpretation of thi s Agreement. The caption headings of the various sections and paragraphs of this Agreement are for convenience and identification purposes only and shall not be deemed to limit, expand, or define the contents of the respective sections or paragraphs.

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9.3 Waiver . No delay or o mission in the exercise of any right or remedy of a non- defaulting party on any default shall impair such right or remedy or be construed as a waiver.

No consent or approval of City shall be deemed to waive or render unnecessary City’s consent to or approval of any subsequent act of Consultant. Any waiver by either party of any default m ust be in writing. No such waiver shall be a waiver of any other default concerning the same or any other provision of this Agreement.

9.4 Rights a nd Remedies are Cu mulative. Except with respect to rights and remedies expressly declared to be exclusive i n this Agreement, the rights a nd remedies of the parties are cumulative. The exercise by either P arty of one or more of such rights or remedie s shall not preclude the e xercise by it, at the same or different times, of any other rights or remedies for the same default or any other default by the other Party.

9.5 Legal Action. In addi tion to any other rights or remedies, either Party may take legal action, in law or in equit y, to cure, correct , or remedy any default, to recover damages for any default, to compel specific performance of t his Agreement, to obtain injunctive relief, a declaratory judgment, or any other remedy consistent with the purposes of this Agreement.

9.6 A ttorney Fees. In t he event any dispute between the Parties with respect to this Agreement results in litigation or any non- judicial proceeding, the prevailing Party shall be entitled, in a ddition to such other relief as may be granted, to recover fro m the non-prevailing Party all reasonable costs and expenses. These include but are not l imited to reasonable attorney fees, expert consultant fees, court costs and all fees, costs, and expenses incurred in any appeal or in collection of any judgment entered in such proceeding.

10. CITY OFFICERS AND EMPLOYEES: NO N-DISCRIMINATION

10.1 Non-Liability of City Officers and Employees . No officer or em ployee of City shall be personally liable to th e Consultant , or any successor -in-interest, i n the event of any default or breach by City or for any amount which may become due to the Consultant or its successor, or for breach of any obligation of the terms of this Agreement.

10.2 Conflict of Interest. Cons ultant acknowledges that no officer or employee of the City has or shall have any direct or indirect financial interest in this Agreement, nor shall Consultant 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. Consultant warrants that Consultant 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.

10.3 Covenant Against Discrimin atio n. In connection with its performa nce un der this Agreement , Consultant 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 stat us, cu ltural or linguist ic characteristics, or ethnicity), sexual orientation, gender identity, gender expression, physical or mental disability, or medical condition (each a “prohibited basis”). Consultant 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, Consultant certifies that its actions and omissions Item 3A - Page 292
hereunder shall not incorporate any discrimination arising from or related to any prohibited basis in any Consultant activity, including but not limited to the following: employment, upgrading, demotion or transfer; recrui tment or recruitment advertising; layof f or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship; and further, that Consultant is in full compliance with the provisions of Palm Springs Municipal Code Section 7.09.040, including without l imitation the provision of benefits, relating to non- discrimination in city contracting.

11. MISCELLANEOUS PROVISIONS

11.1 Notice. Any notice, demand, request, consent, approval, or com munication that either Party de sires, or is required to give to the other Party or any other pe rson shall be in writing and either served personally or sent by pre -paid, first-class mail to the address set forth below. Notice shall be deemed communicated seventy- two (72) hours from t he time of mailing if mailed as provided in this Section. Either Party may change its address by notifying the other Party of the change of address in writing.

To C ity: City of Palm Springs
Attention: City Manager/ City Clerk
3200 E. Tahquitz Canyon Way
Palm Springs, California 92262

To Consultant: AECOM Technical Services, Inc.

Attention: Todd Gnospelius, Vice President - Aviation
300 South Grand Avenue, 9
th Floor
Los Angeles, CA 90071

11.2 Integrated Agreement . T his Agreement constitut es the entire understanding between the Parties and supersedes and cancels all pri or negotiations, arrangements, agreements, representations, and understandings, if any, made by or among the P arties with respect to the subject matter in this Agreement.

11.3 Amendment. N o amendments or other modifications of this Agreement shall be binding unless through written agreement by all Parties.

11.4 Severability. Wh enever poss ible, each pr ovision of thi s Agreement shall be interpreted in such a manner as to be ef fective and valid under applicable law . In the event that any one or more of the phrases, sentences , clauses, paragraphs, or sections contained in this Agreement shall be declared invalid or une nforceable by valid judgment or decree of a court of competent jurisdiction, such invalidity or unenforceability shall not affect any of the re maining phrases, sentences, clauses, paragraphs, or sections of this Agreement, which s hall be interpreted to carry out the intent of the parties.

11.5 Successors in Interest . This A greement shall be binding upon and inure to the benefit of the Parties’ successors and assignees.

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11.6 Third Party Beneficiary . Except as may be expressly provided for i n this Agreement, nothing contained in this Agreement is intended to confer , nor shall this Agreement be construed as conferring, any rights, including, without limitation, an y rights as a third-party beneficiary or otherwise, upon any entity or person not a party to this Agreement.

11.7 Recitals. Th e above -referenced Recitals are hereby incorporated into the Agreement as though fully set forth in this Agreem ent and each Party acknowledges and agrees that such Party is bound, for purposes of this Agreement, by the same.

11.8 Authority. The persons executing this Agreement on beh alf of the P arties warrant that they are duly authorized to execute this Agreement on behalf of Parties and that by so executing this Agreement the Parties are formally bound to the provisions of this Agreement.

11.9 Counterparts. Th is Agreement may be si gned in counterparts, each of which shall constitute an original.

12. 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 Cal ifornia, Consultant shall fully and adequately comply with California Executive Order N-6-22 (“Russian Sanctions Program”). As part of this compliance process, Consult ant shall als o certify co mpliance with the Russian Sanctions Program by completing the f orm located in Attachment “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.

13. FEDERAL PROVISIONS
Since funding for the S ervices is provided, in whole or in part, by the Federal Aviation Administration, Supplier shall also fully and adequa tely comply with th e provisions included in Exhibit “D” attached hereto and incorp orated herein by reference (“Federal Provisions”). With respect to any conflict b etween such Federal Provisions and the terms of this Agreement and/or the provisions of state law, the more stringent requirement shall control. [SIGNATURES ON NEXT PAGE]
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SIGNATURE PAGE TO AGREEMENT BY AND BETWEEN THE CITY OF PALM SPRINGS AND AECOM TECHNICAL SERVICES, INC.

IN WITNESS WHEREOF, the P arties have executed this Agreement as of the dates s tated below.

CONTRACTOR:

By: _______________________________________ By: _________________________________________ Signature Signature
(2nd signature required for Corporations)

Date: Date:

CITY OF PALM SPRINGS:

APPROVED BY CITY COUNCIL:

Date: _______ Item No.

APPROVED AS TO FORM: ATTEST:

By: ___________________________ By: _______________________________ City Attorney City Clerk

APPROVED:

By: _______________________________ Date:

City Manager – over $50,000
Deputy/Assistant City Manager – up to $50,000
Director – up to $25,000
Manager – up to $5,000
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EXHIBIT “A”

SCOPE OF SERVICES/WORK

Including,

Schedule of Fees

And

Schedule of Performance
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SCOPE OF WORK

1.0 Background:

1. T he Palm Springs International Airport (Airport) is a Small Hub airport owned and operated by the City of Palm Springs under the administration of the City’s Department of Aviation. The Airport is located in eastern Riverside County, approximately 2.5 miles east of the central business district of Palm Springs, California (3400 East Tahqui tz C anyon Way). P SP Air port is a key component in local tourism which is the largest industry for the nine- city Coachella Valley. The Airport is experiencing extensive gr owth with nearly 3 millio n total passengers in calendar year 2022 and hosting 13 airl ines providing 70 daily fl ights during peak season. PSP also features Signature Flight Support, Atlantic Aviation, private hangars, two runways, an Air Museum, and an FAA Air Traffic Control Tower.

2. The Airport utilizes consultant services in t he various disciplines of work to assist the Airport with the planning, design and management of various projects on an as needed basis as outlined in the scope below.

3. Work will be on an as needed on call basis. Authorization of the work will be by individual task orders. No specific amount of work is guaranteed, and the contract values are based on budget amounts for projected needs.

1.1 Scope:

A. Construction Management Services
Consultant will perform all professional services consistent with the i ndustry- accepted roles of a Construction Manager. Tasks include, but are not limited to:

1. Preconstruction Phase -
a. Review project plans for possible errors and defic iencies and report such findings to Airport and/of city staff.
b. Review of cost estimates to assist the Airport with budgeting for projects. c. Preparation and maintenance of master project schedules.

2. Construction Phase -
a. Attend preconstruction meeting, with general contractors and project stakeholders. Prepare minutes of Pre-Construction meetings as needed for distribution to all attendees.
b. Provide and maintain sufficient field personnel to administer and manage construction contracts assigned by the City.
c. Review construction schedules, including activity sequences and duration, schedule of subm ittals a nd delivery schedule of long lead materials and equipment. Review construction contractor’s updated schedules as may be required to reflect actual progress of work. Repor t project status to the City and advise City promptly of any schedule delays.
d. Schedule and c
onduct weekly progress m eetings to discuss contract
issues, procedures, progress, problems, change orders, submittals, request for information (RFIs), deficiencies and schedules. Prepare minutes of progress meetings for distribution to all attendees.

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e. Pro
cess construction contractor’s submittals for project architec t’s/design consultant’s review and approval as needed.
f. Process and track RFIs, submi ttals, shop drawings, proposed change orders and revisions as needed.
g. Maintain redlined as -built plans on an ongoing basis throughout the duration of the any project. Redl ined plans shall show all changes made to the original contract plans, each change i dentified with the name of the approver and date of change approval.
h. P repare and submit a mont hly Activity Summ ary Re port in a format approved by Airport/City staff. The activit y report shall include among other items status of RFI’s, contract change order s, an d notice the potential claims; construction activities completed, ongoing and upcoming; s tatus of the budget and schedule and other highlights and critical issues. i. Coordinate all required inspections needed. The Consultant shall ensure that appropriat e C ity and local agencies are notified and present as required by the projects.
j. Review and eval uate proposed change orders. Review est imates for reasonableness and cost ef fectiveness, n egotiate costs and render recommendations to City.
k. Resolve any contractor disputes in a timely manner and keep City inf ormed of any issues through resolution.
l. Maintain cost account ing re cords on authorized work performed under contract unit costs and additional work performed based on actual costs of time (labor) and materials (T&M).
m. Maintain a reasonable cost control system, including regular monitoring of actual costs for activities in progress and estimates for uncompleted tasks and propo sed change s. Identify variances between actual and estimated costs and report such variances to City at regular intervals. n. Assist Ci ty in coordinating services of other consultan ts (g eotechnical, NPDES, materials testing, deputy inspection, special labor atory testing, etc.) that may be hired or selected for the projects.
o. C oordinate with Utility and other third-party entities that may have an effect on the project.
p. Establish and implement job safety p rocedures in compliance with CAL - OSHA requirements. Mo nitor contractor’s compliance with established safety program, respond to defi ciencies and hazards, and investigate and report on accidents.
q. Track quantities/volume of work compl eted for progress payment. Develop and implement procedures for revi ew and processing of progress payment applications. Assist City with review and certification for payment. r. Establish procedures and monitor contractor compliance with federal and st
ate pr evailing wage regulatio ns and requirements and coordinate these efforts and findings with the City’s Workforce Agreement Coordinator.

Item 3A - Page 298
s. P
erform quality assurance reviews on a regular basis and recommend changes, as necessary.
t. Comply with federal and state grant funding requirements as required. u. Prepare federal and state grant funding reimbursements as required. v. Maintain a complete project filing system of project documentation. w. Provide construction management s ervices to assure that the progress of the work, the caliber, scope, detail of construction, quantity and quality of materials and equipment, and the standard of workmanship conform to the intent of the architect/engineer as expressed in the construction documents including the integration of the project into the airport’s Safety Management System program.
x. Assist the Airport in r eviewing and approving all contractor pay requests, change orders, and/or resolving disputes.

3. Post Construction Phase –
a. Assist th e City with any outstanding claims or request for e quitable adjustment that have not been resolved.
b. Evaluate completion of work and recommend to City when work is ready for final inspection.
c. Conduct final inspection/walk through w ith City s taff, maintenance/service personnel and project architect/ design consultant, comp ile the punch lis t, and advise the Airport as to the acceptability of the work performed by the construction contractor(s).
d. I ssue preliminary and final punch list, including schedule for punch list completion. Monitor and follow throu gh with contract or until completion of all punch list items.
e. Secure and transmit as built drawings, required guarantees, certifications, affidavits, leases, easement deeds, operating and maintenance manuals, warranties and other documents as stipulated in contract documents. f. Prepare final construction reports with project completion report and deliver all project files to Airport/city staff.
g. Review and process contractor’s request for f inal payment and release of retention.
h. Ensure complete p roject close-out, and systems start-up management and coordination.

4. The list of projects in cludes but is not limited to:
 C onstruction management services for Airside pavement repairs and rehabilitation.
 C onstruction manage ment services for Runway and Taxiway Safety A rea maintenance and drainage repair.
 Co nstruction m anagement services for pu blic vehicl e parking lots and roadway repairs.

Item 3A - Page 299
 C ons
truction/program management servi ces for the replacement of the terminal escalators and elevators.
 C onstruction/program managem ent se rvices f or the replacement of the terminal HVAC (heating, ventilation, air, and cooling) infrastructure.  C onstruction management services for Terminal baggage claim systems replacement and associated building additions/modifications.  C onstruction man agement services for t he renovation/rehabilitation of the airport terminal building restrooms.
 C onstruction/program management s ervices for current rental car facility additions, renovations, and/or expansions.
 Co nstruction/program management services for the installation of automated exit lane technology.
 C onstruction/program management services for the terminal gate/expanded holdroom and associated equipment expansion program.
 C onstruction/program management services of the terminal baggage handling systems replacement and facility modifications.  C onstruction/program management services for the addition of electric charging station infrastructure.
 C onstruction/program management services for a new Federal Inspections Services (FIS) Facility.
 C onstruction/program management services for the addition of misc.

Terminal ADA improvements.
 C onstruction/program management services for the replacement / rehabilitation of terminal roof.
 C onstruction/program management se rvices for New Consolida ted Rental Car facilities.
 Construction Mana gement for miscellaneous unplanned airport building maintenance, rehabilitation, or remodeling projects.
 C onstruction management services for perimeter fence and security enhancements.
 C onstruction management services for the Instal lation of Airpor t Sola r Panels.
 Construction Management services for all Taxiway s and Taxiway connectors rehabilitation/reconstruction.
 Construction Management s ervices for Runway 31L and 31R rehabilitation/reconstruction.
 Construction Management services for des ign and c onstruction of a new Remain Over Night (RON) parking apron.
 Construction Management services for the design of misc. airport drainage structures.
 Construction Management se rvices of a new Airport Fire Fighting Station.

Item 3A - Page 300

1. 2 Schedule:

Work will be conducted on an as needed basis and authorized by individual task orders for the work. Each task order will outline the timeframe to complete the work.

1.3 Compensation:

Work will be compensated on an either an hourly rate time and material or lumpsum ba
sis as outlined in the task order. Contract pricing includes all labor, expenses, and incidentals to complete the work outlined in the contract scope. The Contractor may request monthly payments based on the percentage of work completed for the pr evious month as long as a detailed progress report is provided to support the amoun t requeste
d. No additional compensation will be due by the City unless the contract is modified for additional work requested by the City.

Item 3A - Page 301

Item 3A - Page 302
AECOM
Attachment G. Bill Rate Sheet

CLASSIFICATION TITLE LEVEL BILL RATE (MAX)

PROJECT MANAGEMENT
Principal-In-Charge $320.00
Technical Advisor $360.00
Contract Manager $260.00
Senior Design Project Manager $300.00
Design Project Manager IV $260.00
Design Project Manager Ill $230.00
Design Project Manager II $200.00
Design Project Manager I $170.00
Safety Manager II $190.00
Safety Manager I $160.00
Quality Assurance Manager II $200.00
Quality Assurance Manager I $170.00
Quality Assurance Coordinator $150.00

PROJECT CONTROLS & SUPPORT
Project Controls Manager II $140.00
Project Controls Manager I $120.00
Administrative Assistant II $110.00
Administrative Assistant I $100.00
Contract Manager II $170.00
Contract Manager I $140.00
Document Control Coordinator II $110.00
Document Control Coordinator I $90.00
Document Control Assistant $75.00
Senior Subject Matter Expert (SME) $300.00
Subject Matter Expert (SME) II $275.00
Subject Matter Expert (SME) I $250.00
Principal Estimator II $220.00
Principal Estimator I $210.00
Estimator II $180.00
Estimator I $120.00
Senior Scheduler $190.00
Scheduler $140.00
Senior Technician (CADD, BIM, GIS) $170.00
Technician (CADD, BIM, GIS) Ill $140.00
Technician (CADD, BIM, GIS) II $110.00
Technician (CADD, BIM, GIS) I $90.00
Technical Support Specialist $100.00
NOTES:

1. Sub consultant Rates will be submitted at a later date

2. These rates are good through Dec 31. 2024. Yearly escalation of 5% will apply on Jan 1 of each year. Page 1 of 5

Item 3A - Page 303
AECOM

CLASSIFICATION TITLE LEVEL BILL RATE (MAX)

ARCHITECTURAL
Principal Project Architect $320.00
Senior Project Architect $280.00
Project Architect V $260.00
Project Architect IV $250.00
Project Architect Ill $230.00
Project Architect II $220.00
Project Architect I $210.00
Designer - Architectural IV $200.00
Designer - Architectural Ill $190.00
Designer - Architectural II $170.00
Designer - Architectural I $150.00
Interior Designer IV $210.00
Interior Designer Ill $200.00
Interior Designer II $180.00
Interior Designer I $160.00

CONSTRUCTION MANAGEMENT
Senior Construction Project Manager $270.00
Construction Project Manager IV $250.00
Construction Project Manager Ill $230.00
Construction Project Manager II $210.00
Construction Project Manager I $190.00
Senior Construction Inspector $160.00
Senior Construction Inspector OT $240.00
Construction Inspector IV $140.00
Construction Inspector OT IV $210.00
Construction Inspector $130.00
Construction Inspector OT $195.00
Construction Inspector $120.00
Construction Inspector OT $180.00
Construction Inspector $110.00
Construction Inspector OT $165.00
Office Engineer V $180.00
Office Engineer Ill $170.00
Office Engineer II $160.00
Office Engineer I $150.00
NOTES:

1. Sub consultant Rates will be submitted at a later date

2. These rates are good through Dec 31. 2024. Yearly escalation of 5% will apply on Jan 1 of each year. Page 2 of 5 Item 3A - Page 304
AECOM

CLASSIFICATION TITLE LEVEL BILL RATE (MAX)

STRUCTURAL
Principal Engineer $260.00
Senior Engineer $240.00
Project Engineer $220.00
Engineer IV $210.00
Engineer Ill $200.00
Engineer II $180.00
Engineer I $160.00
Junior Engineer $140.00
Designer IV $180.00
Designer Ill $170.00
Designer II $160.00
Designer I $150.00

ELECTRICAL
Principal Engineer $260.00
Senior Engineer $240.00
Project Engineer $220.00
Engineer IV $210.00
Engineer Ill $200.00
Engineer II $180.00
Engineer I $160.00
Junior Engineer $140.00
Designer IV $180.00
Designer Ill $170.00
Designer II $160.00
Designer I $150.00
CIVIL
Principal Engineer $260.00
Senior Engineer $240.00
Project Engineer $220.00
Engineer IV $210.00
Engineer Ill $200.00
Engineer II $180.00
Engineer I $160.00
Junior Engineer $140.00
Designer IV $180.00
Designer Ill $170.00
Designer II $160.00
Designer I $150.00
NOTES:

1. Sub consultant Rates will be submitted at a later date

2. These rates are good through Dec 31. 2024. Yearly escalation of 5% will apply on Jan 1 of each year. Page 3 of 5 Item 3A - Page 305
AECOM

CLASSIFICATION TITLE LEVEL BILL RATE (MAX)

MECHANICAL/PLUMBING/FIRE PROTECTION/BHS/VERTICAL TRANSPORTATION Principal Engineer $260.00
Senior Engineer $240.00
Project Engineer $220.00
Engineer IV $210.00
Engineer Ill $200.00
Engineer II $180.00
Engineer I $160.00
Junior Engineer $140.00
Designer IV $180.00
Designer Ill $170.00
Designer II $160.00
Designer I $150.00

IT /TECH NO LOGY /TELECOMMUNICATIONS
IT Specialist IV $220.00
IT Specialist Ill $200.00
IT Specialist II $180.00
IT Specialist I $160.00
Telecommunications Engineer IV $190.00
Telecommunications Engineer Ill $180.00
Telecommunications Engineer II $170.00
Telecommunications Engineer I $160.00
Designer IV $170.00
Designer Ill $160.00
Designer II $150.00
Designer I $140.00

ENVIRONMENTAL PLANNING
Managing Environmental Planner $260.00
Principal Environmental Planner $230.00
Senior Environmental Planner $200.00
Associate Environmental Planner $180.00
Associate Environmental Planner $160.00
Associate Environmental Planner $140.00
Project Specialist $130.00
Project Specialist $120.00
Project Specialist $110.00
Environmental Technician $100.00
NOTES:

1. Sub consultant Rates will be submitted at a later date

2. These rates are good through Dec 31. 2024. Yearly escalation of 5% will apply on Jan 1 of each year. Page 4 of 5 Item 3A - Page 306
AECOM

CLASSIFICATION TITLE LEVEL BILL RATE (MAX)

AVIATION PLANNING
Principal Planner $260.00
Senior Planner $240.00
Planner Ill $220.00
Planner II $200.00
Planner I $180.00
Associate Planner Ill $160.00
Associate Planner II $140.00
Associate Planner I $120.00
NOTES:

1. Sub consultant Rates will be submitted at a later date

2. These rates are good through Dec 31. 2024. Yearly escalation of 5% will apply on Jan 1 of each year. Page 5 of 5 EXHIBIT “B”

INSURANCE PROVISIONS

Including

Verification of Coverage,

Sufficiency of Insurers,

Errors and Omissions Coverage,

Minimum Scope of Insurance,

Deductibles and Self-Insured Retentions, and

Severability of Interests (Separation of Insureds)
Item 3A - Page 307

INSURANCE

Consultant shall procure and maintain all i nsurance at its sole cost and expense, in a form and content satisfactory to the City, and submit concurrently with its execution of this Agreement.

Consultant shall also carry workers’ compensation insurance in accordance wi th California workers’ compensation laws. Such insurance shall be kept in full force and effect during the term of this Agreement, including any extensions. Such insurance shall not be cancelable without thirty (30) days advance written not ice to City of a ny proposed cancellation. Certi ficates of insurance evidencing the foregoing and designating the City, its elected officials, officers, employees, and authorized agents, as additional insureds by original endorsement shall be delivered to and approved by C ity prior to commencement of Se rvices. The procuring of such insurance and the delivery of policies, certificates, and endorsements evidencing the same shall not be construed as a limitation of Consultant’s obligation to indemnify City, its elected officials, officers, agents, employees.

2. M inimum Scope of Insurance . Th
e minimum amount of insurance requir ed
under this Agreement shall be as follows:

A. Comprehensive general liability a nd personal injury with limits of at least one mi llion dollars ($1,000,000.00) combined single lim it coverage per occurrence and two million dollars ($2,000,000) general aggregate;
B. Automobile liability insurance with limits of at least one million dolla rs ($1,000,000.00) per occurrence;
C. Professional liability (err ors and omissions) insurance wi th limits of at least one million dollars ($1,000,000.00) per occurre nce an d two m illion dollars ($2,000,000) annual aggregate is:
____ X___ required
_____ ___ is not required;
D. Workers’ Compensation insurance in the statutory amount as required by the State of California and Employer’s Liability Insurance with limits of a t le ast on e million dollars $1 million per occurrence. If Consultant has no employees, Consultant shall complete the City’s Request for Waiver of Workers’ Compensation Insurance Requirement form.

3. Primary Insurance. Fo r any claims related to this Agreement, Consultant’s insurance coverage shall be primary with respect to the City and its respective elected officials, officers, employees, and authorized agents. Any insurance or self -insurance maintained by City and its respective elected officials, officers, employees, and authorized agents, shall be in e xcess of Consultant’s insurance and shall not contribute with it. For Workers’ Compens ation and Employer’s Liability Insurance only, the insurer shall waive all rights of subrogation and Item 3A - Page 308
contribution it may have against City, its elected officials, officer s, employees, and authorized agents.

4. Errors and Omissions Coverage . If Errors & Omissions Insurance is required, and if Consultant provides claims made profes sional liability insurance, Consultant shall also agree in writing either (1) to purchase tail insurance in the amount required by this Agreement to cover claims m ade w ithin t hree years of the comp letion of Consultant ’s Services under this Agreement, or (2) to maintain professional liability in surance coverage with the same carrier in the amount required by this Agreement for a t least three years after completion o f Consultant’s Services under this Agreement. Consultant shall also be required to provide evidence to City of the purchase of the required tail insurance or continuation of the professional liability policy.

5. Sufficiency of Insurers. Insurance requir ed in this Agreement shall be provided by authorized insurers in good standing with the State of California. Coverage shall be provi ded by insurers admitted in the State o f California with an A.M. Best’s Key Rating of B++, Class VII, or better, unless otherwise acceptable to the City.

6. V erification of Coverage. Consu ltant shall furnish City with both certificates of insurance and endorsements, including additional insured endorsements, effecting all of the coverages required by this Agreement. The cert ificates and endorsements are to be signed by a person authorized by that insurer to bind coverage on its behalf. All proof of ins urance is to be received and approved by the City bef ore work commences. City reserves the right to require Consultant’s insurers to provide complete , certified copies of all required insura nce policies at any time. Additional insured endorsements are not required f or Errors and Omissions and Workers’ Compensation policies.

Verification of Insura nce coverage may be provided by: (1) an approved G eneral and/or Auto Liability Endorsement Form for the City of Palm Springs or (2) an acceptable Certificate of Liability Ins urance Coverage with an appro ved Additiona l I nsured Endorsement with the following endorsements stated on the certificate:

A. "The City of Palm Springs, its officials, employees , and agents are named as an additional insured…” ("as respects C ity of Palm Springs Contract No.___" or "for any and all work performed with the City" may be included in this statement).

B. " This insurance is prim ary and non- contributory over any insurance or self - insurance the City may have..." ("as respects City of Pa lm Springs Contract No.___" or "for any and all work performed with the City" may be included in this statement).

C. " Should any of the above described polic ies be canceled before the expi ration date thereof, the issuing company will mail 30 days writte n noti ce to t he Certificate Holder named." Language such as, “endeavor to” mail and "bu t failure to mail such notice shall impose no obligation or liability of any kind upon the company, its agents or representative" is not acceptable and must be crossed out.

Item 3A - Page 309
D. Both the Workers’ Compensation and Employers' Liability policies shall contain the insurer's waiver of subrogation in favor of Cit y, it s elected officials, officers, employees, agents, and volunteers.

In addition to the endorsements listed above, th e Ci ty of Palm Springs shall be named t he certificate holder on the policies.

All ce rtificates of insurance and endorsemen ts are t o be recei ved and approved by the City before work commences. All certificates of insurance must be authorized by a person w ith authority to bind coverage, whether that is the authorized agent/broker or insurance underwriter.

Failure to obtain the required documents prior to the commencement of work shall not w aive the Consultant’s obligation to provide them.

7. Deductibles a
nd Self -Insured Retentions . Any deduct ibles or sel f-insured retentions must be decla red to and approved by the City prior t o com mencing any w ork or Services under this Agreement. At the option of the City, either (1) the insurer shall reduce or eliminate such deductibles or self-insured retentions with respect to the City, its elected of ficials, officers, employees, agents, a nd volunteers; or (2) Consultant shall procure a bond guaranteeing payment of losses and related investigations, claim administratio n, a nd def ense expenses.

Certificates of Insurance must include evidence of the amount of any deductible or self -insured retention under the policy. Consulta nt guarantees payment of all deductibles and self -insured retentions.

8. Severa bility of Interest s (S eparation of Insureds) . This insur ance applies separately to each insured agains t whom claim is made or suit is brough t except with respect to the limits of the insurer’s liability.

Item 3A - Page 310
EXHIBIT “C”

EXECUTIVE ORDER N-6-22 CERTIFICATION

Item 3A - Page 311
EXECUTIVE ORDER N-6-22 CERTIFICATION
REQUESTS FOR QUALIFICATIONS (RFQ 36-23)

ON CALL PROJECT SERVICES
Executive Order N-6-22 issued by Governor Gavin Newsom on March 4, 2022, directs all agencies and departments that are subject to the Governor's authority to (a) tenninate any contracts with any individuals or entities that are detem1ined to be a target of economic sanctions against Russia and Russian entities and individuals; and (bl refrain from entering into any new contracts with such individuals or entities while the aforementioned sanctions are in effect
Executive Order N-6-22 also requires that any contractor that: (1) currently has a contract with the City of Palm Springs funded through grant funds provided by the State of California; and/a (2) submits a b id or proposal or otherwise proposes to or enter into or renew a contraoi with the City of Palm Springs with State of California grant funds, certify that the person is not the target of any economic sanctions against Russia and Russian entities and individuals.

Signature::_ ~/= d.,f)j~ -;;;;t:::::;,~-------,
Printed Name: Todd Gnospelius
Title: Authorized Signatory, Vice President - Aviation
Finn Name: AECOM Technical Services, Inc.

Date: November 7, 2023
Exhibit “D”

FEDERAL AVIATION ADMINISTRATION

FEDERAL PROVISIONS

Provision
Reference Provision Description
Page
No.

*Solicitation Clause also
Updated 2.8.2023
Item 3A - Page 312
FAA
- 01 Access to Records and Reports
APPLICABILITY – pertains to all contracts.

The Contractor must maintain an acceptable cost accounting system. The C ontractor agrees to provide the City, the Federal Aviation Administration and the Comptroller General of the U nited States or any of their d uly authorized representatives access t o 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 y ears after final payment is made and all pending matters are closed.

Reference: 2 CFR § 200.334, 2 CFR § 200.337, FAA Order 5100.38 Item 3A - Page 313
FAA
- 02 Affirmative Action Requirement

NOTICE OF REQUIREMENT FOR AFFIRMATIVE ACTION TO

ENSURE EQUAL EMPLOYMENT OPPORTUNITY
APPLICABILITY – per tains to all contracts over $10,000 as follows:

Construction – AIP funded construction work contracts and subcontracts that exceed $10,000.

Construction work means cons truction, re habilitation, alteration, conversion, extension, demolition or re pair of buildings, highways or ot her changes or im provements to re al 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 installatio n of equipment onsite (e.g., electrical vault equipment). This provision does not apply to equipment acquisition projects where the manu facture 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 professi onal services agreement includes tasks that meet the definition of construction work [as defined by the U.S.

Department of Labor (DOL)] and exceeds $1 0,000. Examples include installation of monitoring systems (e.g., noise, environmental, etc.).

Property/Land – any agreement associated with lan d acq uisition if the agreement includes construction work (defined above) tha t exceeds $10,000. Examples incl ude 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.

Timetables
Goals for minority participation for each trade: not applicable Goals for female participation in each trade: not applicable 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 Co ntractor performs construction work in a geographical area located outside of the covered area, it shall apply the goals established f or such geographical area where the work is actually per formed. With regard to t his second area, the C ontractor 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 Oppor tunity Clause, s pecific affirmative action obligations required by the specifications set forth in 41 CFR 60-4.3(a) and its efforts to meet the g oals. Th e ho urs of minority and female employment and training must be Item 3A - Page 314
substantially uniform throughout the len gth of the contract, and in each trade, and the Contractor shall make a good faith effort to employ minorities and women evenly on each of its projects. The transfer of minority or female employees or trainees from Contractor to Contractor or f rom project to project for t he sole purpose of meeting the C ontractor’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 C ontractor 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 con tract resulting from this solicitation. The notification shall list the name, address, and telephone number of the subcontractor; employer ident ification number of the subcontractor; estimated dollar amount of the subcontract; estimated starting and comp letion 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 con tract resulting from this solicitation, the “covered area” is California, Riverside County, Palm Springs.

Referen
ce: 41 CFR Part 60-4
Item 3A - Page 315

REQUIREMENT -
See Section 4.5 of the Agreement.

Reference: 2 CFR § 200 Appendix II(A)
Item 3A - Page 316
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 ir on or steel; a manufactured product; cement and cementitious materials; aggregates such as stone, sand, or gravel; or aggregate binding agents or additives t hat are or consist primarily of: non- ferrous meta ls; 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 t he project are manufactured in the U.S.

Reference: Title 49 USC § 50101
Item 3A - Page 317
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 progr am, the Contractor agrees to comply with pertinent statutes, Exec utive Orders, and such rules as identified in Title VI List of Pertinent Nondiscrimination Acts and Authorities to ensure that no per son shall, on the grounds of race, color, national origin (including limited English proficiency), creed, sex (including se xual orientation and gender identity), age, o r disability be e xcluded 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
Item 3A - Page 318
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 Contract or, 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 § 2 000d et seq., 78 stat. 252) (prohibits discrimination on the basis of race, color, national origin); • 49 CFR part 21 (N on-discrimination in Federally -Assisted progr ams of the Depart ment 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) (pr ohibits unfair treatment of persons displaced or w hose property has been acquired because of Federal or Federal-aid programs and projects); • Section 504 of the Rehabilitation Act of 1973 (29 US C § 7 94 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 Airw ay Improvem ent Act of 1982 ( 49 USC § 47123), as amended (prohibits discrimination based on race, creed, color, national origin, or sex); • The Civil Right s Restoration Act of 1987 (PL 100- 259) (broadened the scope, covera ge and applicability of Title VI o f the Civil Rights Act of 1964, the Age Discrimination Act of 1975 and Section 504 of the Rehabilit ation Act of 1973, by expanding the definition of the term s “programs or activities” to include all of the programs or acti vities 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 Disabilitie s Act o f 1990 (42 USC § 12101, et seq) (prohibit discrimination on the basis of disability in the ope ration of p ublic entities, p ublic and private transportation systems, places of public a ccommodation, 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, polic ies, and ac tivities with disp roportionately high and adverse human health or environmental effects on minority and low-income populations); • Executive Order 13166, Imp rov ing Access to Services for Persons with Limited English Proficiency, and resulting agency guidance, national origin discrimination includes discrimination Item 3A - Page 319
because
of limited English proficiency (LEP). To ensure compliance with Title VI, you must take reasonable s teps to ensure that LEP persons have meaningful access to your programs [70 Fed. Reg. 74087 (2005)];
• Title IX of the Education Amendments of 1 972, as am ended, 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) wi ll comply with the Title VI List of Pertinent Nondiscrimination Acts an d Authorities, as they may be amended from time to time, whic h are herein incorporated by reference and made a part of this contract.

2. Nondiscrimination: The Contractor, with regard to the work per formed by it duri ng 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 retenti on of subcontractors, including procurements of materials and leases of equipment. The Contractor will not participate directly or indirectly in the discrimination proh ibited 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 Materi als and Equipment:

In all solicitations, either by competitive bidding or negotiation m ade by the Contract or for work to be performed under a s ubcontract, 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 th is contract a nd 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 iss ued pursuant thereto and will permit access to its books, records, ac counts, other sources of information, and its facilities as may be determined by the City or the Fede ral 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 anoth er 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 : I n the event of a Contractor’s noncompliance w ith the non-discrimination provisions of this contract, the City w ill impose such contract sanctions as it or the Federal Aviation Administra tion may determine to be appropriate, including, but not limited to:
a. Withholding payments to the Contractor unde r the contract until the Contractor complies; and/or
b. Cancelling, t erminating, or suspending a contract, in whole or in part.

Item 3A - Page 320

6. Incor
poration of Pro visions: 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 o r procurement as the City or the Federal Aviat ion 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 subc ontractor, or supplier because of such direction, the Contractor m ay 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
Item 3A - Page 321
FAA
– 07 Clean Air/Water Pollution Control
APPLICABILITY – This provision is required for all contracts and lo wer tier c ontracts that exceed $150,000.

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

Item 3A - Page 322
FAA
– 08 Contract Work Hours and Safety Standards
APPLICABILITY – This provision is required for contracts as follows:

Contract Work H ours and Safety Stan dards 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 cont racts not less than one and one- half times their basic rate of pay for all hours worked over 40 in a wor kweek.

CWHSSA prohibits unsanitary, hazardous, or dangerous working conditions on federally - assisted projects. The Wage and Hour Division (WHD) within the U.S. D epartment of Labor (DOL) enforces the compensation requi rements of this Act, while DOL ’s Occupational Saf ety and Health Administration (OSHA) enforces the safety and health requirements.

Contract Types –
Construction – This provision applies to all c ontracts 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 acqui sition projects where the manufact ure 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, m echanics, watchmen , and guards . This includes members of survey crews and exploratory drilling operations.

Property – While m ost land t ransactions do not involve employment of laborers, mechanics, watchmen, and guards, under certain circumstances, a prope rty 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 subcont ractor contracting for any part of the contract work which may require or involve the employment of laborers or mechanics shall requi re 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 fo rty hours i n such workweek unless such laborer or mechanic receives compensation at a rate not les s than one and one-half times the basic rate of pay for al l 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 thi s clause, the Contractor and any subcontractor respons ible 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 Colum bia or a territory, to such District or to such territory), for liquidated damages. Such liquidated damages shall be computed with respect to each indiv idual 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 cal endar day on which such individual was required or permitted to work in excess of the sta ndard workweek of forty hours without payment of the overtime wages required by the clause set forth in paragraph (1) of this clause.

Item 3A - Page 323

3. Withholding for Unpaid Wages and Liquidated Damages.

The Federal Aviation Administration (FAA) or the City shall upon its ow n action or upon written request of an authorized representative of the Department of Labor withhol d or cause to be wi thheld, 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 pr ime Contractor, or any other federally -assisted contract subject to th e Contract Work Hour s and Safety Standards Act, which is h eld by th e same prime Contractor, such sums as may be determined t o 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 a ny subcontracts the clauses set fo rth in paragraphs (1) through (4) and also a clause requiring the subcontractor to include these clauses in any lower tier subcontracts. The prime cont ractor 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
Item 3A - Page 324
F AA
– 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 const ruction or repair of public buildings or public works, financed in whole or in part by the United States, to gi ve up any part of the compensation to which that person is entitled under a contract of employment. The Copeland Act also requires each contr actor and subcontractor to furnish weekly a statement of compliance wi th respect to the wages paid each employee du ring the preceding week.

Contract Types –
Construction – This provision applies to al l construction cont racts and subcontracts financed under the AIP that exceed $2,000.

Professional Services –The emergence o f different proje ct delivery methods has created situations where Professional S ervice Agreements (PSAs) include tasks that meet the definiti on of construction, alteration, or repair as defined in 29 CFR Part 5 . If such tasks result in work that qualifies a s 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 b oundary fencing and demolition of structures would involve laborers and mechanics. The City must include this provision if the land acquisition project involves employm ent of laborers o r 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 a nd subcontractors are prohibited from inducing, by any means, any person e mployed on the project to give up any part of the compe nsation to w hich the employee is entitled. The Contractor and each Subc ontractor must submit to the City, a weekly statement on the wages paid to each employee performing on covered work during the pr ior week. City must rep ort any violations of the Act t o the Fe deral A viation Administration.

Reference: 2 CF R Part 200, Appendix II(D); 29 CFR Parts 3 and 5 Item 3A - Page 325
FAA
– 10 Davis Bacon Requirements

Contract Types –
Construction – all construction contracts and subc ontracts 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 manufact ured at the vendor’s plant (e.g., SRE and ARFF vehicles)
Professional Ser vices – The emergence of different project del ivery methods has created situations where Professional Service Agreements (PSAs) i ncludes 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, alter ation, or repair and it exceeds $2,000, the PSA must incorporate this clause.

Property – Ordinarily, land acquisition projects would not i nvolve employment of laborers or mechanics and thus the provision would not apply. However, land projects that invol ve installation of boundary fencing and demolition of structures would involve labor ers and mechanics. The City must include this provision if th e land a cquisition 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

Contributions made or costs rea sonabl y anticipated for bona fide fringe benefi ts 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 f or more than a w eekly period (but not less often than quarterly) under plans, funds, or programs which cover the particul ar weekly period, are deemed to be constructively made or incurred during such weekly period. Such laborers and mechanics shall be paid the appropriate w age rate and fringe benefits on the wage Item 3A - Page 326
deter
mination for the classification of work actually performed , without regard to skill, except as provided in 29 CFR § 5.5(a)(4). Laborers or mechanics performing work in more than one classification may b e compensated at the rate specified for each classification for the time actually worked therein: Provided, tha t the employer’s payroll records accurately set forth the time spent in each classification in which work is performed. The wage determ ination (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 o f laborers or mechanics, including helpers, which is not listed in the wage determinati on 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 rat e, incl uding 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 m echanics 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 classific ation 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 classi fication and wage rate (including the amount d esignated for fringe benefits, where appropriate), the contracting officer shall refer the questions, i ncluding the views of all interested parties and the recommendation of the contracting o fficer, 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 (inc luding f ringe 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 cont ract from the first day on which work is perfor med in the classification.
(iii) Whenever the minimum wage rate prescribed in the contract for a class of laborers or mechanic
s includes a fringe benefit which is not expressed as an hourly rate, the contracto r 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.

Item 3A - Page 327
(i
v) If the Contractor does not make payments to a trustee or other third person, the Contractor may cons ider as part of the wages of any laborer or mec hanic the amount o f any costs reasonably anticipated in providing bona fide fringe benefits under a plan or program, Prov ided, that the Secretary of Labor has found, upon the written request of the Cont ractor, that the applicable standards of the Davis -Bacon Act hav e been m et. T he Secretary of Labor may require the Contractor to s et 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 t he same prime contractor, or any other federally -assisted con tract subject to Da vis-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 mechani cs, including apprentices, trainees, and hel pers, employed by the Contractor or any subcontractor the full amount of wages required by the contract. In the event of fail ure 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 Administrat ion may, after written notice to the Contract or, 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 ther eto 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 n umber 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 t ypes 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 i n providing benefits under a plan or program described in section 1(b)(2)(B) of the Dav is-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 o f apprenticeship programs and certification of trainee programs, th e registration of the apprentices and trainees, and the ratios and wage rates prescribed in the applicable programs. (ii)(A) Th e Contractor shall submit weekly for each week in which any contract work is perf
ormed 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 Contr actor will submit the payrolls to the applicant, the City , or Owner, as the case may be, for transmission to the Federal Aviation Administration. The pay rolls 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 Item 3A - Page 328
shal
l 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 informa tion 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 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 n ot such a party, the Contractor will submit them to the applicant, the City, or Owner, as the case may be, for transmission to t he 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 payrol l submitted shall be accompanied by a "Statement of Compliance," signed by the Contractor or subcontractor or his or her agent who pay s 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), th e appropriate information is bei ng mai ntained 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 d uring the payroll period has been paid the ful l weekly wa ges earned, without rebate, either directly or indirectly, and that no deductions have been made either directl y or indirectly f rom the full wages earned, other than permissible deductions as set for th in Regulations, 29 CFR Part 3;
(3) That ea ch laborer or mechanic has been paid not less than the applicable wage rates and fringe benefits or cash equivalents for t he classification of work performed, as specified in the applicable wage determination incorporated into the contract. (C) The weekly submission of a pro perly 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 a bove c ertifications may subject the Contractor or subcontractor to civil or criminal prosecution under Section 1 001 of Title 18 and Section 231 of Title 31 of the United States Code.
(iii) The Contractor or subcontractor shall make the records r equired under paragraph (3)(i) of
this section available for inspection, copying, or transcription by authorized represent atives of the City, the Federal Aviation Administration, or the Department of Labor and shall permit such representatives to interview empl oyees during w orking 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 Item 3A - Page 329
funds
. Furthermore, failure to submit the required records upon request or to make such records available may be grounds for debarment action pursuant to 29 CFR § 5.12.

4. Apprentices and Trainees.
(i) Apprentices. Apprentices will be permitted to work at less than the predetermined r ate for the work they performed when they are employed pursuant to and individually registered in a bona fide apprenticeship program registered w ith th e 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 register ed in the program, but who has been certified by the Office of Apprenticeship Training, Employer and Labor Services or a State Appr enticeship 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 per mitted to the contractor as to the ent ire wo rk force under the registered program. Any worker listed on a payroll at an apprentice wage rate, who is n ot 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 permit ted 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 whi ch its program is registered, the ratios and wage rates (expressed in percentages of the journeyman’s hourly rate) specified in the Contractor’s or subc ontractor’s registered program shall be observed. Every apprentice must be paid at not less than the ra te specified in the registered program for the apprentice’s level of p rogress, expressed as a percentage of the journeymen hourly rate spec ified in the a pplicable wage determination.

Apprentices shall be paid fringe benefits in accordance with the provisions of the apprenticeship program. If the apprenticeship program does not speci fy fringe benefits, apprentices must be paid the full amount of fri nge benefits listed on the wage determination for the applicable classification. If the Administrator determines that a different practice prevails for the applicable apprentice classificat ion, fring es shall be paid in accordance with that det ermination. I n the event t he Office of Apprenticeship Training, Employer and Labor Services, or a State Apprenticeship Agenc y recognized by t he Office, withdraws approval of an apprenticeship program, the Contractor will no longer be permitted to utilize apprentices at less than th e 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 pe rmitted 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 , Employ ment 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 A dministration. Every trainee must be paid at not less than the rate sp ecified in the app roved program for t he trainee’s level of progress, expressed as a percentage of the journeyman hourly rate specified in the applicable wage determination. Trainees shal l be paid fringe benefits in accordance with the provisions of the trainee program. If t he 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 Item 3A - Page 330
the c
orresponding 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 train ing plan approved by the Employment and Training Administration shall be pa id not less than the applicable wage rate on the wage determination for the classification of work actually performed. In addition, any trainee performing work on the job site in excess of the ratio permitted under the registered program shall be paid not less than the applicable wage rate on the wage determination for the work actually performed. In the event the Employment and Training Administration withdraws approval of a training program, the Contractor will no longer be permitted to ut ilize trainees at l ess than the applicable predetermined rate for the work performed until an acceptable program is approved. (iii) E qual Employment Opportunity. The utilization of appr entices, trainees, and journeymen under this part shall be in conform ity with the e qual 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 Administrati on may by appropriate ins tructions requ ire, and als o a clause requiring the subcontractors to include these clauses in any lower tier subcontracts. T he 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.

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.

10. Certification of
Eligibility.

Item 3A - Page 331
(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 contrac ts by v irtue of section 3(a) of the Davis -Bacon Act or 29 CFR §

5.12(a)(1).
(ii) No part of this contract shall be subcontrac ted 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
Item 3A - Page 332
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. C overed 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 o r exceed $25,000. This includes contracts associated with land acquisition projects.

A11.3.2 Lower Tier Contract Certification

1. C hecking 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 Administr ation later determines that a lower tier part icipant failed to disclose to a higher tier participant that it was excluded or disqualified at the time it entered the covered tr ansaction, the FAA ma y 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
Item 3A - Page 333
FAA
– 12 Disadvantaged Business Enterprise
APPLICABILITY – all contracts with Airports that have a DBE program on file with the FAA.

Prompt Payment (§26.29) – The prime contractor agrees to pay each subcontractor under t his 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 pr ime contractor agrees further to return retainage payments to each subcontrac tor within [30 days] days aft er the subcon tractor’s wo rk is satisfa ctorily 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 C ontractor must not terminate a DBE subc ontractor 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, in stances 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 t o perform the work and supply the materials for which each is listed unless the C ontractor obtains written consent of the City.

Unless City consent is provided, the prime Contractor shall not be entitled to any pa yment for work or material unless it is performed or supplied by the listed DBE.

The City may p rovide 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 DB E firm.

For purposes of this paragraph, good cause includes the circum stances listed in 49 CFR §26.53.

Before transmitting to the City its request to terminate and/or s ubstitute a DBE s ubcontractor, the prime C ontractor must give notice in writing to the D BE 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 D BE f ive days to r espond to the prime contractor's notice and advise the City a nd the Contractor of the reasons, if any, why it objec ts to t he proposed Item 3A - Page 334
termi
nation 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
Item 3A - Page 335
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, “Te xt Messaging While Driving”, (12/30/2009), the Federal Aviation Administration encourages recipient s of Federal g rant funds to adopt and enforce safety policies that decrease crashes by distracted drivers, including policies to ban text messagi ng while driving when performing work related to a gran t or subgrant.

Reference: Executive Order 13513, DOT Order 3902.10
Item 3A - Page 336
FAA
– 14 Prohibition on Certain Telecommunications and Video Surveillance Services and Equipment
APPLICABILITY - all AIP funded contracts and lower-tier contracts.

Reference: 2 CFR § 200, Appendix II(K); 2 CFR § 200.216 Item 3A - Page 337
FAA
– 15 Drug Free Workplace Requirements
APPLICABILITY - This provision applies to all AIP funded proje cts, b ut not t o the contracts between the City and a contractor, subcontractors, suppliers, or subgrantees.

Reference: 49 CFR part 32, Drug-Free Workplace Act of 1988 (41 U.S.C. 701 et seq., as amended)

Item 3A - Page 338
FAA
– 16 Equal Employment Opportunity
APPLICABILITY – The purpose of this provision is to provide equal opportunity for all per sons, without regard to r ace, co lor, r eligion, 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.

Contract Types –
Construction – all construction contracts and subcontracts as required above.

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.

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 s election for training, including apprenticeship. The Contract or 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 solicitatio ns or advertisements for employe es 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 Item 3A - Page 339
empl
oyee's essential job functions discloses t he compensation of such other employees or applicants to individuals who do not otherwise have access to such information, unless such disclosure is in response to a formal complaint or charge, in furtherance of an investigation, proceeding, hearing, or ac tion, 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 inf ormation 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 w ith 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

Depart
ment of Labor, or any person to whom the Director delegates authority; Item 3A - Page 340
c.
“Em ployer identification number” means the Federal social security number used on the Employer’s Quarterly Federal Tax Return, U.S. Treasury Department Form 941; d. “Minority” includes:
(1) Black (all persons having origins in any of the Black African racial groups not of Hispanic origin);
(2) Hispanic (all persons of Mexican, Puerto Rican, Cuban, Central or South American, or other Spanish culture or origin, regardless of race);
(3) A sian and Pacific Islander (all persons having origins in any of the ori ginal 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 ori ginal peoples of North America and maintaining identifiable tribal affiliations through membership and participation or community identification).

The Contractor is expected to make substantially uniform progress in meeting its goals in each craft during the period specified.

Item 3A - Page 341

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 sit es, 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 Contract or or its u nions 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 a nd female off -the-street applicant and minority or female ref erral 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 uni on 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 uni on 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-j
ob training opportunities and/or participate in training programs for the area which expressly include minorities and women, including upgrading programs and apprenticeship and trainee progr ams relevant to the Contracto r’s employment needs, especially those programs funded or approved by the Department of Labor.

Item 3A - Page 342
The Cont
ractor shall provide notice of these programs to the sources compiled under 7b above.
f. Disseminate the Contractor’s EEO policy by providing notice of the policy to unions and training programs and requesting their cooperation in assisting the Contractor in meeting its EEO obligations; by including it in any policy manual and collective bargaining agreement; by publicizing it in the company newspaper, annual report, etc.; by specific review of the policy with all management personnel and with all minority and female employees at least once a year; and by posting the company EEO policy on bulletin boards accessible to all emp loyees 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, l ayoff, termination, or other employment decisions including specifi c 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 meet ings, 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, fe male, 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 not ification to organizations such as the above, describing the openings, screening procedures, and tests to be used in the s election process.
j. E ncourage present minority and female employees to recruit other minority persons and women and, where reasonable, provide after school, summer, and vacation employment to m inority 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 an d evaluation at least of all minority and female personnel, f or 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 ot her

Item 3A - Page 343
n. E
nsure 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 of fers 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, a t least annually, of all s upervisor’s adherence to and per formance under the Contractor’s EEO policies and affirmative action obligations.

9. A single goal fo r minorities and a separate single goal for women have been established.

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 carr y o ut
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 am ended, 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.

Item 3A - Page 344

13. The
Contractor, in fulfilling it s 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 effo rts to ensure equal employment opportunity. If the Contractor fails to comply wi th 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.

Reference: 2 CFR 200, Appendix II(C), 41 CFR § 60-1.4, 41 CFR § 60- 4.3, Executive Order 11246

Item 3A - Page 345
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.

Reference: 29 USC § 201, et seq; 2 CFR § 200.430
Item 3A - Page 346
FAA
– 18 Lobbying and Influencing Federal Employees
APPLICABILITY- all contracts exceeding $100,000.

Reference: 31 USC § 1352 – Byrd Anti-Lobbying Amendment, 2 CFR part 200, Appendix II( I), 49 CFR part 20, Appendix A
Item 3A - Page 347
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 mus t be included in all contracts that include the equal opportunity clause, regardless of the amount of the contract.

Professional Services – Professional services that include tasks that qualify as construction work as defined by 41 CFR part 60 -1. Ex amples include the installation of noise monitoring equipment.

Reference: 2 CFR Part 200, Appendix II (C); 41 CFR Part 60-1 Item 3A - Page 348
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 an d Health Administration (OSHA) o versees the workplace health and safety standards wage provisions from OSH.

Department of Labor – Occupational Safety and Health Administration.

Reference: 29 CFR part 1910
Item 3A - Page 349
FAA
– 21 Procurement of Recovered Materials
APPLICABILITY – C ontract 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.

The list of EPA -designated items is available at www.epa.gov/smm/comprehensive - procurement-guidelines-construction-products.

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)
Item 3A - Page 350
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 exper imental, 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.

Reference: 2 CFR § 200, Appendix II(F), 37 CFR 401

Item 3A - Page 351
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

A23.3.2 Construction Contracts

Reference: 49 CFR Part 41
Item 3A - Page 352
FAA – 24
Tax Delinquency and Felony Conviction
APPLICABILITY – This provision applies to all contracts funded in whole or part with AIP.

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
Item 3A - Page 353
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 Item 3A - Page 354
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 contrac t or subcontract for this project with a person that is a citizen or national of a foreign country included on the list of countries t hat 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.

The Contractor agr ees 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 Item 3A - Page 355
dis
criminate against U.S. firms as published by USTR, unless the Contractor has knowledge that the certification is erroneous.

Reference: 49 USC § 50104, 49 CFR part 30

Item 3A - Page 356
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 supervis ory 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.

This preference only applies when there are covered veter ans readily available and qualified to perform the work to which the employment relates.

Reference: 49 USC § 47112(c)
Item 3A - Page 357
FAA –
28 Domestic Preferences for Procurements
APPLICABILITY – all contracts and Purchase orders for work or products under the grant.

Reference: 2 CFR § 200.322; 2 CFR Part 200, Appendix II(L) Item 3A - Page 358

ATTACHMENT F

PUBLIC INTEGRITY BUSINESS DISCLOSURE /
M. ARTHUR GENSLER JR. & ASSOCIATES
Item 3A - Page 359
Gensler | On-Call Project Services For Palm Springs International Airport 40 PUBLIC INTEGRITY DISCLOSURE

APPLICANT DISCLOSURE FORM

1. Name of Entity

2. Address of Entity (Principal Place of Business)

3. Local or California Address (if different than #2)

4. State where Entity is Registered with Secretary of State If other
than California, is the Entity also registered in California?  Yes  No

5. Type of Entity
 Corporation  Limited Liability Company  Partnership  Trust  Other (please specify)

_______________________________  Officer  Director  Member  Manager [ name]  General Partner  Limited Partner
 Other __________________________

________________________________  Officer  Director  Member  Manager [name]  General Partner  Limited Partner
 Other __________________________
M. Arthur Gensler Jr. & Associates, Inc.
500 S. Figueroa Street, Los Angeles, CA 90071
N/A
√
Board of Directors/Officers
(effective 1/1/2023-12/31/2023)
Andrew P . Cohen (Co-CEO)
Diane Hoskins (Co-CEO)
Joseph Brancato (Chair)
Philippe Phaneuf (COO, General
Counsel & Secretary)
Robin Klehr Avia
Jordan Goldstein
Elizabeth Brink
Julia Simet
Hao Ko
Cindy Simpson
Theresa Sheils
Samuel Bermudez Ureña
Xiaomei Lee
Michael White
Joseph Lauro
Non-Director Officers
Linda Havard (CFO and Treasurer)
Ryan Alvarez (Assistant Secretary)
Los Angeles Principals
Aaron Birney
Alan Young
Arpy Hatzikian
Barbara Dunn
David Herjeczki
Denise Zacky-Popoch
Duncan Paterson
Dylan Jones
Eric Stultz
Erin Lilly
Gene Watanabe
Guy Williams
James Kelly
Jennifer Hamilton
JF Finn III
Jill Wittnebel
John Circenis
John Wiedner
Keith Thompson
Kevin Rosenstein
Kristi Sprinkel
Lee Pasteris
Lexi Barry
Michael Volk
Michael White
Nathan Kim
Olivier Sommerhalder
Peter Barsuk
Ryan Ihly
Serena Winner
Steve Chung
Steven Hergert
Terence Young
Tim Sullivan
Tina Rothermund
Tom Ito
Tom Sze
Warwick Wicksman
California
Item 3A - Page 360
I 1
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Gensler | On-Call Project Services For Palm Springs International Airport 41 7. O wners/Investors with a 5% beneficial interest in the Applicant Entity or a related entity

EXAMPLE

JANE DOE

[name of owner/ investor]
50%,
ABC COMPANY, Inc.
[ percentage of beneficial interest in entity and
name of entity]
A.
[name of owner/investor] [percentage of beneficial interest in entity and name of entity]
B.
[name of owner/investor] [percentage of beneficial interest in entity and name of entity]
C.
[name of owner/inve stor] [percentage of beneficial interest in entity and name of entity]
D.
[name of owner/investor] [ percentage of beneficial interest in entity and name of entity]
E.
[name of owner/investor] [percentage of beneficia l interest in entity and name of entity]

I DECLARE UNDER PENALTY OF PERJURY UNDER T HE LAWS OF T HE STA TE OF CALIFORNIA THAT THE FOREGOING IS TRUE AND CORRECT.

Signature of Disclosing Party, Printed Name, Title Date Keith Thompson, Principal
* M. Arthur Gensler Jr. & Associates, Inc. is a private company owned by its Employee Stock Ownership Plan and its individual employee shareholders, with none of whom owning more than 6%. Gensler is a global firm with over 6,000 professionals across our 53 offices. 11/07/2023
Item 3A - Page 361

ATTACHMENT G

PUBLIC INTEGRITY BUSINESS DISCLOSURE /
RS&H CALIFORNIA, INC.

Item 3A - Page 362
Item 3A - Page 363

1. Name of Entity

PUBLIC INTEGRITY DISCLOSURE

APPLICANT DISCLOSURE FORM
RS&H California, Inc.

2. Address of Entity (Principal Place of Business)
369 Pine Street, Suite 610, San Francisco, CA 94104

3. Local or California Address (if different than #2)
5901 W. Century Boulevard, Suite 1030, Los Angeles, CA 90045

4. State where Entity is Registered with Secretary of State California
If other than California, is the Entity also registered in California? D Yes D No

5. Type of Entity
~ Corporation D Limited Liability Company D Partnership D Trust D Other (please specify)

7. Owners/Investors with a 5% beneficial interest in the Applicant Entity or a related entity

EXAMPLE
JANE DOE 50%, ABC COMPANY, Inc.
[name of owner/investor] [percentage of beneficial interest in entity and name of entity]
A.

James W. Hullett, Jr. 100% - RS&H California , Inc.
[name of owner/investo r] [percentage of benefic ial interest in entity and name of entity]
B.
[name of owner/investor ] [percentage of beneficial interest in entity and name of entity]
C.
[name of owner/investor ] [percentage of beneficial interest in entity and name of entity]
D.
[name of owner/investor] [percentage of beneficial interest in entity and name of entity]
E.
[name of owner/investor ] [percentage of benefic ial interest in entity and name of entity]

I DECLARE UNDER PENALTY OF PERJURY UNDER THE LAWS OF THE STATE OF CALIFORNIA THAT THE FOREGOING IS TRUE AND CORRECT.

Signature of Disclosing Party, Printed Name, Title
1~~~
Jose oh P. Jackson President
Date
11/7/2023
ATTACHMENT “D-2”
RS&H CALIFORNIA, INC.

Public En�ty Disclosure/Applicant Disclosure Form
Ques�on 6 – Oﬃcers/Directors
Josep
h P . Jackson President, Director
James W. Hullet, Jr Vice President, Director
Jesse J. Forst Vice President
David J. Full Vice President, Corp. Secretary
Douglas D. Geiger Vice President
Christopher M. Greene Vice President
Druce S. Joslin Vice President
Keith M. Nix Vice President
Evan H. Pfahler Vice President, Treasurer
Michael Spitzer Vice President
George N. Tsiouvaras Vice President
Andrew P . Wheeler Vice President
Amy N. Davis Assistant Treasurer
Marlon F. Starr Assistant Corp. Secretary
Cathy G. Scot Assistant Corp. Secretary
Item 3A - Page 365

ATTACHMENT H

PUBLIC INTEGRITY BUSINESS DISCLOSURE /

INTERVISTAS CONSULTING USA LLC
Item 3A - Page 366

PUBLIC INTEGRITY DISCLOSURE

APPLICANT DISCLOSURE FORM

1. Name of Entity

2. Address of Entity (Principal Place of Business)

3. Local or California Address (if different than #2)

4. State where Entity is Registered with Secretary of State If other than Califo
rnia, is the Entity also registered in California?  Yes  No

5. Type of Entity
 Corporation  Limited Liability Company  Partnership  Trust  Other (please specify)

6. Officers, Directors, Membe rs, Managers, Tru stees, Other Fiduciaries (please specify) Note: If any response is not a natural person, please identify all off icers, directors, members, managers and other fiduciaries for the member, manager, trust, or other entity
________________________  Officer  Director  Member  Manager [name]  General Partner  Limited Par tner
Other __________________________ _
_______________________________  Officer  Director  Member  Manager [name]  General Partner  Limited Partner
 Other __________________________
________________________________  Officer  Director  Memb er  Manager
[name]  General Partner  Limited Partner
 Other __________________________
InterVISTAS Consulting USA LLC
1701 Rhode Island Ave NW, Washington DC 20036
400 Concar Drive 04-122, San Mateo, CA 94402
Delaware
Daniel Skwarek
Gavin Duncan
Yi-Chun Lee
Continues on next page.

Item 3A - Page 367
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PUBLIC INTEGRITY DISCLOSURE

APPLICANT DISCLOSURE FORM

6. Officers, Directors, Membe rs, Managers, Tru stees, Other F iduciaries (please specify) Note: If any response is not a natur al person, please identify all off icers, directors, members, managers and other fiduciaries for the member, manager, trust, or other entity
________________________  Officer  Director  Member  Manager [name]  General Partner  Limited Partner

Other ___________________________
_______________________________  Officer  Director  Member  Manager [name]  General Partner  Limited Partner
 Other __________________________
________________________________  Officer  Director  Member  Manager
[name]  General Partner  Limited Partner
 Other __________________________
Mark Taylor
Solomon Wong
Item 3A - Page 368

7. O wners/Investors with a 5% beneficial interest in the Applicant Entity or a related entity

EXAMPLE

JANE DOE
[name of owner/investor]
50% , A BC COMPANY
, Inc.
[ percentage of beneficial interest in entity and
name of entity]
A.
[name of owner/investor] [percentage of beneficial interest in entity and name of entity]
B.
[name of owner/inve stor] [percentage of beneficial interest in entity and name of entity]
C.
[name of owner/investor] [percentage of beneficial interest in entity and name of entity]
D.
[name of owner/investor] [ percentage of beneficial interest in entity and name of entity]
E.
[name of owner/investor] [percentage of beneficia l interest in entity and name of entity]

I DECLARE UNDER PENALTY OF PERJURY UNDER T HE LAWS OF T HE STA TE OF CALIFORNIA THAT THE FOREGOING IS TRUE AND CORRECT.

Signature of Disclosing Party, Printed Name, Title Date InterVISTAS Holding USA Inc. 100%, InterVISTAS Consulting USA LLC November 3, 2023
Item 3A - Page 369

ATTACHMENT I

PUBLIC INTEGRITY BUSINESS DISCLOSURE /
AECOM TECHNICAL SERVICES, INC.

Item 3A - Page 370

PUBLIC INTEGRITY DISCLOSURE

APPLICANT DISCLOSURE FORM

1. Name of Entity

2. Address of Entity (Principal Place of Business)

3. Local or California Address (if different than #2)

4. State where Entity is Registered with Secretary of State If other
than California, is the Entity also registered in California?  Yes  No

5. Type of Entity
 Corporation  Limited Liability Company  Partnership  Trust  Other (please specify)

6. Officers, Directors, Membe rs, Managers, Tru stees, Other Fiduciaries (please specify) Note: If any response is not a natural person, please identify all off icers, directors, members, managers and other fiduciaries for the member, manager, trust, or other entity
________________________  Officer  Director  Member  Manager [name]  General Partn er  Limited Partner
Other _____________ ______________
_______________________________  Officer  Director  Member  Manager [name]  General Partner  Limited Partner
 Other ____________ ______________
________________________________  Officer 
Director  Member  Manager
[name]  General Partner  Limited Partner
 Other ___ _______________________
AECOM Technical Services, Inc.
300 South Grand Avenue, 9th Floor, Los Angeles, California 90071 X
NA
Allison Hall X
Matthew Crane X
Karl Jensen X
California
Item 3A - Page 371
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-
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7. O wners/Investors with a 5% beneficial interest in the Applicant Entity or a related entity

EXAMPLE
JANE DOE 50%, ABC COMP
ANY, Inc.
[ percentage of beneficial interest in entity and
name of entity]
A.
[name of owner/investor] [percentage of beneficial interest in entity and name of entity]
B.
[name of owne r/investor] [percentage of beneficial interest in entity and name of entity]
C.
[name of owner/investor ] [percentage of beneficial interest in entity and name of entity]
D.
[name of owner/investor] [ percentage of beneficial interest in entity and name of entity]
E.
[name of owner/investor] [percentage of beneficia l interest in entity and name of entity]

I DECLARE UNDER PENALTY OF PERJURY UNDER T HE LAWS OF T HE STA TE OF CALIFORNIA THAT THE FOREGOING IS TRUE AND CORRECT.

Signature of Disclosing Party, Printed Name, Title Date The Earth Technology Corporation (USA) owns AECOM Technical Services, Inc. at 100% Todd Gnospelius, Authorized Signatory,
Vice President – Aviation
November 7, 2023
Item 3A - Page 372

CITY COUNCIL STAFF REPORT

DATE: JANUARY 11, 2024 BUSINESS & LEGISLATIVE

SUBJECT: APPROVAL OF FIRST AMENDMENT TO THE AMENDED AND

RESTATED FRANCHISE AGREEMENT FOR SOLID WASTE

COLLECTION SERVICES WITH PALM SPRINGS DISPOSAL SERVICES

FROM: Scott C. Stiles, City Manager

BY: Office of Sustainability

SUMMARY:

This item proposes to amend the Amended and Restated Franchise Agreement by which Palm Springs Disposal Services (PSDS) provides solid waste collection services within the City. The proposed First Amendment to the Amended and Restated Franchise Agreement primarily serves to extend the term of the agreement from March 30, 2029 to January 31, 2034; the extension is requested to amortize the cost of the additional vehicles that are necessary to comply with the requirements of Senate Bill (SB) 1383.

Additional program augmentations to enhance program services will also be detailed below.

RECOMMENDATION:

Approve First Amendment to the Amended and Restated Franchise Agreement and authorize the City Manager to execute all necessary documentation.

BACKGROUND:

On April 1, 2014, the City entered into a Franchise Agreement with PSDS to provide solid waste collection services for a term of 15 years , until March 30, 2029. Effective September 21, 2022, the City entered into an Amended and Restated Franchise Agreement with PSDS to incorporate the organic recycling program mandated by the SB 1383 Regulations. The expiration date of the amended agreement remained unchanged, and just over 5 years remain in the term.

PSDS requests an extension to the term to provide sufficient time to acquire and amortize collection vehicles as part of its vehicle replacement program.

Item 3B - Page 1
City Council Staff Report
January 11, 2024 -- Page 2
PSDS Agreement Amendment

PSDS operates 34 waste collection vehicles and maintains spare vehicles to avoid service interruptions when frontline vehicles are out of service. All collection vehicles are powered by compressed natural gas (CNG).

To implement the organic waste recycling program , three new vehicles needed to be added. PSDS issued purchase orders for the new organics collection vehicles in August 2021, in anticipation of the SB 1383 Regulations and the Amended and Restated Franchise Agreement. Due to supply chain constraints, even though the vehicles were ordered over a year in advance, the new trucks have just recently been placed into service. Between the launch of curbside residential organics pickup on October 1, 2022, and the arrival of the new trucks, PSDS deployed backup vehicles to pick up the additional materials.

STAFF ANALYSIS:

PSDS met with City staff on July 19, 2023, to discuss the matter and delivered a written proposal on July 26, 2023 (Attachment C). The July 26, 2023 proposal requested a term extension to September 20, 2033. The proposed term extension has since been adjusted to January 31, 2034, to account for time for subsequent discussions. The proposal also includes two additional programmatic commitments:

• Employment of up to eight individuals referred by the operator of the City’s Homeless Navigation Center in the PSDS “Hand-Up Program,” designed to aid job seekers in establishing a current work history for their re- entry into the labor market; and
• Acquisition of a Zero- Emission Vehicle (ZEV), subject to a summer performance test confirming suitability for the desert environment and securing supplemental funding to cover higher acquisition costs and charging infrastructure upgrades.

This First Amendment will not affect the rates.

Collection Vehicle Orders and Lead Times
Solid waste haulers across the industry face challenges acquiring collection vehicles due to long lead times and challenges with build quality. Pre-pandemic lead times of about 14 months for new vehicles extended to 36 months during the pandemic and are not expected to return to pre-pandemic levels for another 4 years.

With a collection vehicle unit cost of $500,000 each, a delivery time of up to 3 years, and an amortization period of 7 years, PSDS faces challenges procuring replacement vehicles within the remaining term of the Amended and Restated Franchise Agreement. If the term is extended from March 30, 2029 to January 31, 2034, PSDS will order 9 replacement vehicles at a cost of $4.5 million.

Item 3B - Page 2
City Council Staff Report
January 11, 2024 -- Page 3
PSDS Agreement Amendment

Additional Proposals
• Jobs Proposal: PSDS solicited input from Community and Economic Development Department staff and the Police Chief. On their advice, the original proposal to hire 12 individuals for 4 months at a time was modified to increase the length of the job service period. PSDS currently proposes to hire 8 individuals for 6-month periods. • ZEV Proposal: PSDS has participated in a regional ZEV demonstration and established ongoing communications with operators, vehicle manufacturers, and utility operators. PSDS could potentially deliver the first ZEV solid waste vehicle to the Coachella Valley.

In response to Staff and Council suggestions, PSDS has agreed to add three additional services in Amendment 1:
• Kitchen Pails: PSDS will offer countertop compost kitchen pails to all residential dwellings upon request.
• Bulky Item Collection: PSDS will extend the on-call bulky item collection program to multi-family complexes.
• Community Clean-up Events: PSDS will annually conduct a curbside pickup event for Single-Family Dwelling Customers and a drop- off event for City residents at City Hall or a City -approved location, both in the Fall and Spring. This change memorializes a long- standing program that was inadvertently omitted from the Amended and Restated Franchise Agreement but is still provided by PSDS. • Special Collection Events : PSDS will provide three document shredding and e- waste recycling events annually for residents at no cost to the City.

Staff supports these proposals, which will improve residents’ experience of our organics pickup program, make disposing of bulky items easier for multi -family residents, and provide consolidated special collection activities.

PSDS Performance and SB 1383 Implementation Progress

PSDS is successfully implement ing the organic recycling program on schedule and without complications. In 2023, residential organic waste diverted from landfill increased by 2,767,980 pounds over 2022 disposal levels, and commercial waste diverted from landfill increased by 1,191,280 pounds over 2022 disposal levels.

PSDS’s environmental coordinator and recycling ambassadors are actively working with customers and community organizations to increase participation in recycling and organic waste recycling programs and to reduce waste . Staff enjoys a cooperative, customer - service oriented, high-quality collaboration with PSDS in implementing these programs.

ENVIRONMENTAL ASSESSMENT
:

The approval of the First Amendment is not subject to the requirements of the California Environmental Quality Act (“CEQA”). This approval is not a “project” within the meaning Item 3B - Page 3
City Council Staff Report
January 11, 2024 -- Page 4
PSDS Agreement Amendment

of Section 15378 of Title 14 of the California Code of Regulations (“State CEQA Guidelines”) because it has no potential for resulting in direct or indirect physical change in the environment. The approval of the First Amendment is exempt from CEQA review because it does not constitute a project under CEQA pursuant to Section 15378(b)(5) of the State CEQA Guidelines, which provides that organizational and administrative activities of governments that will not result in physical ch anges in the environment ar e not considered projects for CEQA purposes.

ALIGNMENT WITH STRATEGIC PLANNING:

These programs align with the City Council’s Strategic Plan’s major themes of Optimizing Basic Services and Environmental Stewardship/ Sustainability and with Priority 1A – Improve Homelessness.

FISCAL IMPACT:

There is no cost to the City associated with this amendment. With PSDS assuming the cost of semi -annual document shredding and e- waste events, the City would save approximately $7,500 annually.

REVIEWED BY:

Department Director: Lindsey-Paige McCloy
Deputy City Manager: Flinn Fagg
City Attorney: Ryan Guiboa
City Manager: Scott Stiles

ATTACHMENTS:

A. Amended and Restated Franchise Agreement
B. Proposed First Amendment to the Amended and Restated Franchise Agreement C. PSDS proposal dated July 26, 2023
Item 3B - Page 4

ATTACHMENT A

Item 3B - Page 5
Item 3B - Page 6

AMENDED AND RESTATED

FRANCHISE AGREEMENT FOR SOLID WASTE COLLECTION SERVICES Between the City of Palm Springs
and
Palm Springs Disposal Service
This 1st day of October, 2022
Item 3B - Page 7
Contents
RECITALS 1
ARTICLE 1: DEFINITIONS 2

1.1 AFFILIATE 2

1.2 AGREEMENT 2

1.3 ALTERNATIVE DAILY COVER OR ADC 2

1.4 ALTERNATIVE INTERMEDIATE COVER OR AIC 3

1.5 APPLICABLE LAW 3

1.6 APPROVED FACILITY 3

1.7 ASSEMBLY BILL 341 (AB 341) 3

1.8 ASSEMBLY BILL 939 (AB 939) (ACT) 3

1.9 ASSEMBLY BILL 1826 (AB 1826) 3

1.10 BACK-HAUL 3

1.11 BIN 3

1.12 BLUE CONTAINER OR RECYCLABLE MATERIALS CONTAINER 4

1.13 BROWN CONTAINER 4

1.14 BULKY ITEMS OR BULKY WASTE 4

1.15 BULKY ITEM COLLECTION SERVICE 4

1.16 BUSINESS DAYS 4

1.17 CALIFORNIA CODE OF REGULATIONS (CCR) 4

1.18 CALRECYCLE 4

1.19 CART 4

1.20 CHANGE IN LAW 5

1.21 CITY 5

1.22 CITY CLEAN-UP SERVICE 5

1.23 CITY CODE 5

1.24 CITY CONTAINER SERVICE 5

1.25 CITY SERVICE UNIT 5

1.26 CITY WASTE 5

1.27 COLLECT, COLLECTED, COLLECTION 6

1.28 COLLECTION SERVICES 6

1.29 COMMENCEMENT DATE 6

1.30 COMMERCIAL EDIBLE FOOD GENERATORS 6

1.31 COMMERCIAL SERVICE 6

1.32 COMMERCIAL BUSINESS, COMMERCIAL 6

1.33 COMMERCIAL EDIBLE FOOD GENERATORS 6

1.34 COMMUN ITY COMPOSTING 6

1.35 COMPACTOR, COMPACTION 7

1.36 COMPOST, COMPOSTING 7

1.37 COMPOSTABLE PLASTICS 7

1.38 CONSTRUCTION AND DEMOLITION DEBRIS OR C&D OR C&D DEBRIS 7

1.39 CONTAINERS 7

1.40 CONTAMINATION OR CONTAMINANTS 7

1.41 CONTRACTOR 7

1.42 CONTRACT ADMINISTRATOR 7

1.43 CONTRACTOR COMPENSATION 8
Item 3B - Page 8

1.44 COVERED ELECTRONIC WASTE OR CEW 8

1.45 CUSTOMER(S) 8

1.46 DAY 8

1.47 DESIGNATED FACILITY 8

1.48 DISCARDED MATERIALS 8

1.49 DISPOSAL 9

1.50 DIVERT, DIVERSION 9

1.51 DROPBOX 9

1.52 DUAL STREAM (OR DUAL-STREAM) 9

1.53 DWELLING UNIT 9

1.54 EDIBLE FOOD 9

1.55 EFFECTIVE DATE 9

1.56 ELECTRONIC WASTE, E-WASTE 9

1.57 ENFORCEMENT ACTION 9

1.58 ENFORCEMENT ACTION 10

1.59 ENVIRONMENTAL LAWS 10

1.60 EXCLUDED WASTE 10

1.61 FACILITY(IES) 10

1.62 FOOD RECOVERY 10

1.63 FOOD RECOVERY ORGANIZATION 11

1.64 FOOD RECOVERY SERVICE 11

1.65 FOOD-SOILED PAPER 11

1.66 FOOD WASTE 11

1.67 FRANCHISE 11

1.68 GENERATOR 11

1.69 GRAY CONTAINER 11

1.70 GRAY CONTAINER WASTE 11

1.71 GREEN CONTAINER 12

1.72 GROSS BILLINGS 12

1.73 HAULER ROUTE 12

1.74 HAZARDOUS SUBSTANCE 12

1.75 HAZARDOUS WASTE 12

1.76 HIGH DIVERSION ORGANIC WASTE PROCESSING FACILITY 12

1.77 HOLIDAYS 13

1.78 HOME GENERATED SHARPS 13

1.79 HOUSEHOLD BATTERIES 13

1.80 HOUSEHOLD HAZARDOUS WASTE OR HHW 13

1.81 INCOMPATIBLE MATERIALS 13

1.82 INERTS 13

1.83 LANDFILL 13

1.84 LARGE EVENT 13

1.85 LARGE VENUE 14

1.86 LIQUIDATED DAMAGES 14

1.87 MASTER BILLED COMMUNITY 14

1.88 MATERIALS RECOVERY FACILITY OR MRF 14

1.89 MIXED WASTE 14

1.90 MIXED WASTE ORGANIC COLLECTION STREAM 14

1.91 MULCH 14

1.92 MIXED WASTE ORGANIC WASTE COLLECTION STREAM 15
Item 3B - Page 9

1.93 MU LTI-FAMILY, MULTI-FAMILY DWELLING, MFD, OR MULTI-FAMILY SERVICE UNIT 15

1.94 NON-COMPOSTABLE PAPER 15

1.95 NON-COLLECTION NOTICE 15

1.96 NON-ORGANIC RECYCLABLES 15

1.97 ORGANIC WASTE OR ORGANIC MATERIALS 15

1.98 PAPER PRODUCTS 16

1.99 PARENT COMPANY 16

1.100 PARTY, PARTIES 16

1.101 PERSON 16

1.102 PREMISES 16

1.103 PRINTING AND WRITING PAPERS 16

1.104 PROCESS, PROCESSED, OR PROCESSING 16

1.105 PROHIBITED CONTAINER CONTAMINANTS 16

1.106 PROPERTY OWNER 17

1.107 PUBLICRESOURCESCODEoR PRC 17

1.108 PUTRESCIBLE WASTE 17

1.109 RATE 17

1.110 RATE REVENUE 17

1.111 RATE YEAR 17

1.112 RECYCLABLES OR RECYCLABLE MATERIALS 17

1.113 RECYCLE, RECYCLING 18

1.114 REMNANT ORGANIC MATERIAL 18

1.115 RENEWABLE NATURAL GAS OR RNG 18

1.116 RESIDUAL OR RESIDUE 18

1.117 REUSABLE ITEMS 18

1.118 REUSE 18

1.119 ROLL-OFF BOX 18

1.120 SB 1383 REGULATIONS 19

1.121 SERVICE AREA 19

1.122 SERVICE LEVEL 19

1.123 SERVICE RECIPIENT 19

1.124 SINGL~-FAMILY, SINGLE-FAMILY DWELLING, SFD, OR SINGLE-FAMILY SERVICE UNIT 19

1.125 SOLID WASTE 19

1.126 SOURCE SEPARATED GREEN CONTAINER ORGANIC WASTE OR SSGCOW 20

1.127 SOURCE SEPARATED RECYCLABLE MATERIALS 20

1.128 SPECIAL EVENT COLLECTION SERVICE 20

1.129 SPLIT CONTAINER 20

1.130 STATE 20

1.131 SUBCONTRACTOR 20

1.132 SUBSIDIARY 20

1.133 TERM 20

1.134 TIPPING FEE 20

1.135 TIER ONE COMMERCIAL EDIBLE FOOD GENERATORS 21

1.136 TIER TWO COMMERCIAL EDIBLE FOOD GENERATORS 21

1.137 TON 21

1.138 TRANSFER 21

1.139 TRANSFER STATION 21

1.140 TRANSPORT OR TRANSPORTATION 21

1.141 UNIVERSAL WASTE OR U-WASTE 22
Item 3B - Page 10

1.142 WORK DAYS 22

1.143 YARD TRIMMINGS OR GREEN WASTE 22
ARTICLE 2: REPRESENTATIONS AND WARRANTIES 23

2.1 CONTRACTOR'S CORPORATE STATUS 23

2.2 CONTRACTOR'S CORPORATE AUTHORIZATION 23

2.3 AGREEMENT WILL NOT CAUSE BREACH 23

2.4 NO LITIGATION 23

2.5 NO ADVERSE JUDICIAL DECISIONS 23

2.6 NO LEGAL CHALLENGE 24

2.7 NO LEGAL PROHIBITION 24

2.8 CONTRACTOR'S ABILITY TO PERFORM 24

2.9 CONTRACTOR'S INVESTIGATION 24
ARTICLE 3: TERM OF AGREEMENT 24

3.1 TERM 24

3.2 PRIOR AGREEMENT SUPERSEDED 25
ARTICLE 4: GRANT AND ACCEPTANCE OF EXCLUSIVE AGREEMENT 25

4.1 GRANT AND ACCEPTANCE OF EXCLUSIVE AGREEMENT 25

4.2 LIMITATIONS TO THE SCOPE OF EXCLUSIVE AGREEMENT 25

4.3 EXCLUSIVITY 26

4.4 ENFORCEMENT OF EXCLUSIVITY 26

4.5 APPLICABLE LAW 26

4.6 OBLIGATIONS OF PARTIES 27
ARTICLE 5: SCOPE OF COLLECTION SERVICES 27

5.1 SUMMARY SCOPE OF SERVICES 27

5.2 FACILITIES 28

5.3 SUBCONTRACTING 28

5.4 RESPONSIBILITY FOR DISCARDED MATERIALS 29

5.5 CITY-DIRECTED CHANGES TO SCOPE 29

5.6 SINGLE-FAMILY DWELLING COLLECTION SERVICES 30

5.7 MULTI-FAMILY DWELLING COLLECTION SERVICES 31

5.8 COMMERCIAL COLLECTION SERVICES 32

5.9 ROLL-OFF SERVICE 33

5.10 C&D DEBRIS COLLECTION SERVICES 34

5.11 CITY COLLECTION SERVICES 34

5.12 SERVICE EXCEPTIONS 35

5.13 PUBLIC EDUCATION AND OUTREACH 36

5.14 SPECIAL SERVICES 36
ARTICLE 6: PROCESSING AND DISPOSAL REQUIREMENTS 37

6.1 TRANSPORTATION OF DISCARDED MATERIALS 37

6.2 TRANSFER OF DISCARDED MATERIALS 37

6.3 DISPOSAL 37

6.4 SOURCE SEPARATED RECYCLABLE MATERIALS PROCESSING SERVICES 37

6.5 ORGANIC MATERIALS PROCESSING SERVICES 38

6.6 BULKY ITEM SERVICES 38
Item 3B - Page 11
ARTICLE 7: STANDARD OF PERFORMANCE 38

7.1 GENERAL 38

7.2 CONTRACTOR'S OFFICE 39

7.3 SERVICE STANDARDS 39

7.4 COLLECTION ROUTES, OPERATING HOURS AND SCHEDULES 39

7.5 COLLECTION STANDARDS 40

7.6 OWNERSHIP OF MATERIALS 41

7.7 EXCLUDED WASTE 42

7.8 REGULATIONS AND RECORD KEEPING 43

7.9 VEHICLE REQUIREMENTS 43

7.10 CONTAINER REQUIREM ENTS 44

7.11 HOLIDAY SERVICE 47

7.12 DISPOSAL AND PROCESSING 47

7.13 GRAY CONTAINER WASTE-CONTAMINATION RESPONSE PROCEDURE 48

7.14 SOURCE SEPARATED MATERIALS-CONTAMINATION RESPONSE PROCEDURE 48

7.15 COMMINGLING OF MATERIALS 48

7.16 PERSONNEL 49
ARTICLE 8: BILLING, CUSTOMER SERVICE, RECORD KEEPING, AND REPORTING so

8.1 BILLING AND COLLECTION so

8.2 NON-DISCLOSURE 53

8.3 NO MARKETING 53

8.4 CONTRACTOR'S CUSTOMER SERVICE 53

8.5 RECORD KEEPING 55

8.6 REPORTING REQUIREMENTS 56
ARTICLE 9: COLLECTOR FEES AND OTHER FEES 56

9.1 FRANCHISE FEE 56

9.2 CONTRACTOR'S PAYMENTS TO CITY 56

9.3 ADDITIONAL FEES 57
ARTICLE 10: CONTRACTOR COMPENSATION AND MAXIMUM SERVICE RATES 58

10.1 CONTRACTOR COMPENSATION 58

10.2 PUBLIC NOTICE/PUBLIC HEARING PROCESS 58

10.3 SCHEDULE OF FUTURE ANNUAL RATE ADJUSTMENTS 58

10.4 M ETHOD OF FUTURE FORMULA RATE ADJUSTMENTS 59

10.5 EXTRAORDINARY RATE ADJUSTMENTS 62
ARTICLE 11: INDEMNIFICATION, INSURANCE AND PERFORM ANCE BOND 63

11.1 INDEMN IFICATION OF THE CITY 63

11.2 EVALUATION OF LIABILITY 65

11.3 HAZARDOUS SUBSTANCES INDEMNIFICATION 65

11.4 SEPARATE COUNSEL 66

11.5 CONSIDERATION 66

11.6 OBLIGATION 67

11.7 COLLECTION SERVICES SUBCONTRACTORS 67

11.8 EXCEPTION 67

11.9 DAMAGE BY CONTRACTOR 67
Item 3B - Page 12

11.10 SURVIVAL 67

11.11 INSURANCE 68

11.12 PERFORMANCE BOND 72
ARTICLE 12: DEFAULT AND REMEDIES 72

12.1 EVENTS OF DEFAULT 72

12.2 RIGHT TO TERMINATE UPON EVENT OF DEFAULT 74

12.3 CITY' S REMEDIES IN THE EVENT OF DEFAULT 74

12.4 POSSESSION OF RECORDS UPON TERMINATION 75

12.5 CITY'S REMEDIES CUMULATIVE ; SPECIFIC PERFORMANCE 75

12.6 PERFORMANCE REVIEWS 75

12.7 LIQUIDATED DAMAGES 78

12.8 EXCUSE FROM PERFORMANCE 81

12.9 RIGHT TO DEMAND ASSURANCES OF PERFORMANCE 82
ARTICLE 13: OTHER AGREEMENTS OF THE PARTIES 82

13.1 LEGAL REPRESENTATION 82

13.2 FINANCIAL INTEREST 82

13.3 CONTRACTOR NOT OFFICER, EMPLOYEE OR AGENT 83

13.4 CONTRACTOR'S USE OF SUBCONTRACTOR 83

13.5 COMPLIANCE WITH LAW 84

13.6 GOVERNING LAW 84

13.7 LITIGATION 84

13.8 VENUE 84

13.9 BINDING ON SUCCESSORS 84

13.10 ASSIGNMENT 84

13.11 NO THIRD -PARTY BENEFICIARIES 86

13.12 WAIVER 86

13.13 TRANSITION TO NEXT CONTRACTOR 86

13.14 CONTRACTOR 'S RECORDS 87

13.15 NOTICE PROCEDURES 87
ARTICLE 14: MISCELLANEOUS AGREEMENT S 88

14.1 ENTIRETY OF AGREEMENT 88

14.2 5EVE RABI LITY 88

14.3 RIGHT TO REQUIRE PERFORMANCE 89

14.4 NON-DISCR IM INATION 89

14.S HEADINGS 89

14.6 EXHIBITS 89

14.7 REFERENCES TO LAWS 89

14.8 EFFECTIVE DATE 89
Item 3B - Page 13
EXHIBIT 1: MAXIMUM SERVICE RATES
EXHIBIT 2A: RATE ADJUSTMENT PROCEDURE - CARTS
EXHIBIT 28: RATE ADJUSTMENT PROCEDURE- BINS
EXHIBIT 2C: RATE ADJUSTMENT PROCEDURE - DROP BOXES & OTHER SERVICES EXHIBIT 2D: INITIAL MATERIAL HANDLING COST INDEX
EXHIBIT 3: CONTRACTOR 'S SB 1383 SCOPE OF SERVICES
EXHIBIT 4: LIST OF CITY FACILITIES
EXHIBIT 5: LIST OF CITY EVENTS
EXHIBIT 6: LIST OF DESIGNATED FACILITIES
91 97
98 101
102
103
120
121
122
Item 3B - Page 14
This Franchise Agreement for Solid Waste Collection Services ("Agreement") is made and entered into this 1'1 day of October, 2022 ("Effective Date") by and between the City of Palm Springs, a Californ ia municipal corporation , hereinafter referred to as "CITY," and Palm Springs Disposal Services, a California corporation, hereinafter referred to as "CONTRACTOR." In this Agreement, the CITY and CONTRACTOR may be collectively referred to as the "Parties" and individually referred to as "Party."

RECITALS
WHEREAS, the Legislature of the State of California, by enactm ent of the California Integrated Waste Management Act of 1989 ("Act") and subsequent additions and amendmen ts (codif ied at California Public Resources Code Section 40000 et seq.), has declared that it is in the public interest to aut horize and require local agencies to make adequate provis ions for Solid Waste handl ing within th eir jurisd iction ; and, WHEREAS, the State of California has found and declared that the amount of Solid Waste generated in California, coupled with dim inishing landfill space and poten tial adverse environmenta l impacts from landfilling and the need to conserve natural resources, have create d an urgent need for State and local agencies to enact and implement an aggressive integrated waste management program. The Stat e has, t hrough enactment of AB 939 and subsequent related legislation including , but not limit ed to: AB 2176 (Chapter 879, Statutes of 2004), SB 1016 (Chapter 343, Statutes of 2008), AB 341 {Chapter 476, Statut es of 2011), AB 1826 (Chapter 727, Statutes of 2014), and SB 1383 (Chapter 395, Statu tes of 2016), directe d the responsible State agency, and all local agencies, to promote a reduction in Landfil l Disposal and to maximize the use of feasible waste reduction, Reuse, Recycling, and composting options in order to reduce the amoun t of mat erial that must be Disposed; and, WHEREAS, the California Department of Resources Recycling and Recovery {"Cal Recycle") promulgated regulati ons to implemen t SB 1383 (the "SB 1383 Regulations") for local jurisdiction s, Generators, haulers, Solid Waste facili ties, and other entit ies to support achievement of statewide Organic Waste Disposal reduction targets; and, WHEREAS, SB 1383 Regulations require jurisdictions to implement Solid Waste Collection programs, meet Processing facility requirements , conduct contamination moni toring, provide education, maintai n record s, submit repo rts, moni tor compliance , conduct enfor cement, and fulfill other requirements; and, the City of Palm Springs ("CITY") has chosen to delegate some of it s responsibili ti es to Palm Springs Disposal Services {the "CONTRACTOR"), acting as the CITY's designee, through this Agreement; and, WHEREAS, consistent with provisions of th e Act, including Public Resources Code Section 40059, aspects of Solid Waste handling are of local concern, including frequency of collection, means of collection and tran sportation, level of services, charges and fees, the nature, location , and extent of providing Solid Waste services, and whether the services are to be prov ided by means of a non-exclusive, partia lly exclusive, or who lly exclusive franchise, contract , license, or otherwise which may be granted by the City under terms and conditions prescribed by the City Council; and
WHEREAS, City determination that granting an exclusive franchise agreement to a Solid Waste enterprise is in the best interests of the residents and business establishments in City, and for the protection of comm unity healt h, safety and well-being.

Palm Springs City CouncilJanuary 11, 2024

Palm Springs City Council
January 11, 2024