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HomeMy WebLinkAbout12/13/2017 - STAFF REPORTS - 5.D. �PplM s'0 iy V N t 'oye1A V. c'411poRN" CITY COUNCIL STAFF REPORT Date: December 13, 2017 NEW BUSINESS Subject: AWARD A CONSTRUCTION CONTRACT TO CALTEC CORP, A CALIFORNIA CORPORATION, IN THE AMOUNT OF $1,330,000 FOR THE AIRPORT TICKETING HALL EXPANSION ENABLING PROJECT (IFB 18-02) From: David H. Ready, City Manager Initiated By: Department of Aviation SUMMARY Award of this contract to Caltec Corp, a California corporation, will allow the City to proceed with construction of the Ticketing Hall Expansion Enabling Project, IFB No. 18- 02. RECOMMENDATION: 1. Award a construction contract to Caltec Corp, a California corporation, as the lowest responsive and responsible bidder for the Ticketing Hall Expansion Enabling Project, IFB 18-02, inclusive of the base bid amount of $1,200,000 and Alternate 2 bid amount of $130,000 for a total contract amount of$1,330,000; 2. Delegate authority to the City Manager to approve Contract Change Orders in the total cumulative amount of 10% of the contract amount ($133,000); 3. Authorize the City Manager to execute all documents. BUSINESS PRINCIPAL DISCLOSURE: A search of records available through the Secretary of State of California shows that as of April 25, 2007, Caltec Corp was a California corporation with the following corporate officer: Hamid Abghari (CEO/Secretary/CFO), with Hamid Abghari listed as the single Director. t T EM NO. �' �' City Council Staff Report December 13, 2017-- Page 2 Award of Contract— IFB 18-02 Ticketing Hall Expansion Enabling Project STAFF ANALYSIS: On July 19, 2017, the City Council authorized the City Manager to award construction contracts for the Taxiway J Pavement Reconstruction, Airfield Lighting Project, and the Terminal Remodel Enabling Construction Projects. A copy of the July 19, 2017, staff report is included as Attachment 1. The bid opening for the Ticketing Remodel Enabling Projects, IFB No. 18-01, was conducted on August 22, 2017. On September 6, 2017, staff reported receipt of two bids as follows: 1. Suffolk-Nibbi $1,576,318 2. Caltec Corp. $2,422,385 Staff recommended and the City Council rejected all bids and authorized staff to re-bid on the basis that the low bidder, Suffolk-Nibbi, was deemed non-responsive due to non- conformance with the general contractor's 51% self-performance obligation — the submitted bid document identified that Suffolk-Nibbi would only self-perform 10.01% of the total work. The remaining bid submitted by Caltec Corp. was substantially higher than the Engineer's estimate, and exceeded the FAA Grant funding received. The project was advertised again as a new Invitation for Bids (IFB) 18-02, and bids were received on October 24, 2017, with the following results: Design Engineers Caltec Corp Future DB International Macon Engineering' WSP- estimate Base bid $1,200,000.00 $1,449,000.00 $1,858,888.00 $1,100,000.00 Bid Alternate 1 $850,000.00 $788,000.00 $668,888.00 $300,000.00 Bid Alternate 2 $130,000.00 $200,000.00 $62,288.00 $100,000.00 Total Bid $2,180,000.00 $2,437,000.00 $2,590,064.00 $1,500,000.00 *The bid submitted by Macron Engineering was deemed non-responsive to the contract documents for failure to provide full information related to Small Business Enterprises and failure to fully complete the list of subcontractors. The City's Airport Engineer for this project, WSP USA, reviewed the submitted bids for compliance with the contract documents, and provided a written recommendation that the City Council find the low bid submitted by Caltec Corp as responsive, and proceed with award of the base bid and Bid Alternate 2 (technology equipment), and excluding Bid Alternate 1 (a temporary modular building at a cost of $850,000), for a total contract amount of $1,330,000. The recommendation is to include the installation of the temporary modular building as part of the larger Airport Ticketing Wing Expansion Project, where the City will likely see cost savings due to an economy of scale associated with the $26 million total cost of the Airport Ticketing Wing Expansion Project. A copy of the written recommendation provided by WSP USA is included as Attachment 2. 02 City Council Staff Report December 13, 2017-- Page 3 Award of Contract— IFB 18-02 Ticketing Hall Expansion Enabling Project Public Works Contractor Registration Law(SB 854) Under California Labor Code Section 1771.1, as amended by Senate Bill (SB) 854 (2014), unless registered with the State of California Department of Industrial Relations (DIR), a contractor may not bid, nor be listed as a subcontractor, for any bid proposal submitted for public works projects on or after March 1, 2015. Similarly, a public entity cannot award a public works contract to a non-registered contractor, effective April 1, 2015. Staff has reviewed the DIR's contractor registration database, and has confirmed that Caltec Corp and its listed subcontractors are registered with the DIR, and are appropriately licensed. Caltec Corp. of Westminster, California submitted the lowest responsive bid. Staff reviewed the bid, references, and contractor's license, and found the Contractor to be properly licensed and qualified. A construction contract with Caltec Corp. for the Project is included as Attachment 3. ENVIRONMENTAL IMPACT: Section 21084 of the California Public Resources Code requires Guidelines for Implementation of the California Environmental Quality Act ("CEQA"). The Master Plan Update for the Palm Springs International Airport ("Master Plan") is considered a "Project", and in accordance with the CEQA Guidelines, the City acting as "Lead Agency" pursuant to CEQA, previously completed an environmental analysis of the potential impacts resulting from implementation of the Master Plan. A Notice of Intent to Adopt a Mitigated Negative Declaration ("MND") was previously filed, and on October 21, 2015, the City Council held a public hearing, and independently reviewed and considered the information contained in the MND prior to its review and approval of the Master Plan, and adopted Resolution No. 23908, adopting and ordering the filing of a Mitigated Negative Declaration for the Master Plan. As this capital project implementation was approved in the Master Plan, no further environmental analysis pursuant to CEQA is necessary. FISCAL IMPACT: The total construction cost for the lowest responsive bidder is $2,180,000. This amount exceeds the Engineers' estimate by $680,000. It is recommended that the City Council exclude Bid Alternate 1 in the amount of $850,000 for the temporary modular building from the contract amount, for a total contract amount of $1,330,000. The contract will be funded at 90% (or $1,197,000) with federal funds through the FAA Airport Improvement Grant AIP 3-06-0181-055-2017, requiring a 10% local match of $133,000 with the City's airport funds. Sufficient funding is budgeted and available in the Airport Capital Improvement Fund, Accounts 416-6401-56186 and 416-6601-56186. 03 City Council Staff Report December 13, 2017 -- Page 4 Award of Contract— IFB 18-02 Ticketing Hall Expansion Enabling Project No local General Fund or Measure J Capital Funds are used in delivery of these Airport capital projects. SUBMITTED o �p Marcus L. Fuller, MPA, P.E., P.L.S. Thomas 961an Assistant City Manager Executive Director, Airport z David H. Ready, Esq., P City Manager Attachments: A. July 19, 2017, staff report B. WSP Engineers recommendation letter C. Contract 04 Attachment A • 05 {fVALMsp4 �y ti O u a ,f 'q4)FaA%' CITY COUNCIL STAFF REPORT July 19, 2017 CONSENT CALENDAR Subject: DELEGATION OF AUTHORITY TO AWARD CONSTRUCTION BIDS AND ACCEPT FAA AIRPORT IMPROVEMENT GRANT AIP 3-06-0181- 055-2017 FOR THE TAXIWAY J PAVEMENT RECONSTRUCTION PROJECT (IFB 17-06), AIRFIELD LIGHTING PROJECTS (IFB 17-07), AND TICKETING REMODEL ENABLING PROJECTS (IFB 18-01) From: David H. Ready, City Manager Initiated by: Department of Aviation SUMMARY The City Council has previously authorized the Department of Aviation to proceed with construction bidding on three capital projects. The bid opening of two of these projects is July 19, and the bid opening of the third project is August 15. In order to avoid delay during the Council's August recess, this action will delegate authority to the City Manager to award construction contracts of these three projects to the lowest responsive and responsible bidder, and to accept the FAA Project Funding Grant providing federal funding of 90% of the contract amounts. RECOMMENDATION: 1. Authorize the City Manager to award a construction contract to the lowest responsive and responsible bidder for the Taxiway J Pavement Reconstruction Project, IFB No. 17-06, subject to reporting and ratification by the City Council at the September 6, 2017, meeting; 2. Authorize the City Manager to award a construction contract to the lowest responsive and responsible bidder for the Airfield Lighting Project, IFB No. 17-07, subject to reporting and ratification by the City Council at the September 6, 2017, meeting; 3. Authorize the City Manager to award a construction contract to the lowest responsive and responsible bidder for the Ticketing Remodel Enabling Projects, IFB No. 18-01, subject to reporting and ratification by the City Council at the September 6, 2017, meeting; ITEM NO. 06 City Council Staff Report July 19, 2017-Page 2 Airport Capital Projects 4. Authorize the City Manager to accept FAA Airport Improvement Grant AIP 3-06- 0181-055-2017 for the Taxiway J Pavement Reconstruction Project, IFB No. 17-06, Airfield Lighting Project, IFB No. 17-07, and Ticketing Remodel Enabling Projects, IFB No. 18-01, in an amount including the total cost of the awarded contracts and associated construction management services; 5. Delegate authority to the City Manager to approve and execute construction contract change orders up to a cumulative amount of 10% of the contract amounts, with all change orders reported to the City Council; 6. Authorize the City Manager to approve amendments to the FAA Airport Improvement Grant AIP 3-06-0181-055-2017 for the Taxiway J Pavement Reconstruction Project, IFB No. 17-06, Airfield Lighting Project, IFB No. 17-07, and Ticketing Remodel Enabling Projects, IFB No. 18-01, as necessary to increase the total amount of the grant to accommodate approved construction contract change orders; and 7. Authorize the City Manager to execute all necessary documents. STAFF ANALYSIS: On August 3, 2016, the City Council accepted Federal Aviation Administration AIP Grant No. 3-06-0181-054-2016 in the amount of $2,554,343.69 and approved Amendment No. 6 to Agreement No. 6256 with Parsons Brinckerhoff, Inc., for design services related to three airport projects: Ticketing Remodel Enable Projects, Taxiway J Pavement Rehabilitation, and Airfield Electrical Replacement. Subsequently, Parsons Brinckerhoff, Inc., completed the plans and specifications for these three capital projects, and on April 19, 2017, the City Council approved the plans and specifications, and authorized staff to proceed with bidding of the Taxiway J Pavement Rehabilitation, and Airfield Electrical Replacement. On May 3, 2017, the City Council approved the plans and specifications, and authorized staff to proceed with bidding of the Ticketing Remodel Enable Projects. It should be noted that at that time the Council only approved the schematic design for the larger Terminal Ticketing Wing Remodel Project, and final design for that project will be presented to Council for approval later this year. It is only the enabling projects (i.e. build-out of airport operations space underneath the Bono Concourse, and installation of a temporary modular building for TSA operations) that Council authorized for bidding, which with this action Council will authorize award. A copy of the April 19 and May 3, 2017, staff reports are included as Attachment 1. The bid opening for the Taxiway J Pavement Reconstruction Project, IFB No. 17-06, and Airfield Lighting Project, IFB No. 17-07, is scheduled for July 19, 2017. The bid 07 City Council Staff Report July 19, 2017-Page 3 Airport Capital Projects opening for the Ticketing Remodel Enabling Projects, IFB No. 18-01, is scheduled for August 15, 2017. Staff is requesting that the Council delegate authority to the City Manager to award construction contracts for these three airport capital projects during the Council's August recess, subject to reporting and ratification by the Council at its September 6, 2017, meeting. This action will allow staff to proceed with these projects, without delay, and more importantly, to coordinate with the FAA on the associated FAA Airport Improvement Grant AIP 3-06-0181-055-2017 that must be accepted by the City and executed by FAA prior to September 30, 2017, in order to secure the 90% FAA funding. ENVIRONMENTAL IMPACT: Section 21084 of the California Public Resources Code requires Guidelines for Implementation of the California Environmental Quality Act ("CEQA"). The Master Plan Update for the Palm Springs International Airport ("Master Plan") is considered a "Project", and in accordance with the CEQA Guidelines, the City acting as "Lead Agency" pursuant to CEQA, previously completed an environmental analysis of the potential impacts resulting from implementation of the Master Plan. A Notice of Intent to Adopt a Mitigated Negative Declaration ("MND") was previously filed, and on October 21, 2015, the City Council held a public hearing, and independently reviewed and considered the information contained in the MND prior to its review and approval of the Master Plan, and adopted Resolution No. 23908, adopting and ordering the filing of a Mitigated Negative Declaration for the Master Plan. As these capital projects implement the Master Plan, no further environmental analysis pursuant to CEQA is necessary. FISCAL IMPACT: The estimated cost of the three airport capital projects is as follows: Taxiway J Pavement Reconstruction Project, IFB No. 17-06: $ 250,000 Airfield Lighting Project, IFB No. 17-07: $2,200,000 Ticketing Remodel Enabling Projects, IFB No. 18-01: $1,500,000 $3,950,000 As part of a separate action, the Council will consider approving Amendment No. 4 to Agreement No. 6629 with URS Corp., in the amount of $476,871, to provide construction management services associated with these three capital projects. The total construction cost is estimated at $3,950,000 with an additional $476,871 for construction management services, for a total cost of$4,426,871. 08 City Council Staff Report July 19, 2017-Page 4 Airport Capital Projects These airport capital projects will be funded with 90% federal funds via FAA Airport Improvement Grant AIP 3-06-0181-055-2017, requiring a 10% local match with the City's airport funds. Sufficient funding is budgeted and available in the Airport Capital Improvement Fund, Accounts 416-6401-56186 and 416-6601-56186. No local General Fund or Measure J Capital Funds are used in delivery of these Airport capital projects. SUBMITTED 41tt�: IEJ/i I�14-� Marcus L. Fuller, MPA, P.E., P.L.S. Thomas Nolan Assistant City Manager Executive Director, Airport David N. Ready, Esq. City Manager Attachments: 1. April 19 and May 3, 2017, staff reports « a 09 Attachment 1 4lA1Md,C4 u a C/TY COUNCIL STAFF REPORT DATE: April 19, 2017 CONSENT AGENDA SUBJECT: AIRPORT TAXIWAY J PAVEMENT REHABILITATION AND ELECTRICAL SYSTEMS REPLACEMENT PROJECTS BID SOLICITATION APPROVAL AND FAA GRANT FUNDING ACCEPTANCE FROM: David H. Ready, City Manager BY: AIRPORT SUMMARY This action would approve the Plans and Specifications for the Palm Springs International Airport's Taxiway J Pavement Rehabilitation and Electrical Systems Projects, and approve acceptance of the FAA Grant to fund the projects. RECOMMENDATION: 1. Approve the plans and specifications for the Palm Springs Intemational Airport Taxiway J Pavement Rehabilitation and Electrical Systems Replacement Projects. 2. Authorize the acceptance of FAA Grant AIP No. 55 in an amount of up to $2,500,000 for the construction of both projects and the associated construction management professional services. 3. Authorize the City Manager to advertise and solicit bids. STAFF ANALYSIS: An FAA Grant No. 54 was previously approved by City Council on August 3, 2016, for the purpose of designing two airfield systems rehabilitation projects for Palm Springs International Airport. The design is now completed and the projects are ready to proceed with the bid phase. These projects address two separate PSP Airport airtreld components as follows: ITEM NO. - �1 City Council Staff Report April 19. 2017— Page 2 Airport Taxiway J Pavement Rehabilitation and Electrical Systems Replacement Projects Bid Solicitation Approval anc FAA Grant Funding Acceptance Airfield Electrical Systems Project Rehabilitation of the airfield ground navigation aids, including directional signage used by all aircraft when taxiing to and from the runways. 222,000 lineal feet of existing airfield electrical conductors to all taxiway and runway lights, signs and navaids, with the exception of Runway 13R-31 L that was reconstructed in 2016. will replace old system components. The airport's electrical vault will have key components, including all existing constant current regulators, replaced with new state-of-the-art equipment capable of self-diagnosis. Electrical transformers on all existing LED Taxiway fixtures, 851 in total, along with 130 existing incandescent lights in directional signage will be replaced, the airport's secondary runway will be upgraded with new medium intensity LED light fixtures as will the associated approach navigational aids of Runway End Indicator Lights (REILS) and Precision Approach Path Indicators (PAPIS). The project is allotted 120 calendar days for completion and will be closely coordinated to ensure the airport remains open, safe and functional for all types of aircraft operations. PALM SPRINGS INTERNATIONAL AIRPORT AIRFIELD ELECTRICAL AND TAXIWAY J REHABILITATION _ 7_ 7ss�-,. L LEGS\D i \[V AQRSD[tAtT�:<'4 VIlE a'fix¢i\+@{11Y aov\ � ``\ ••y iAx1Y'AY 1 M\TYLiT ItI]I W IT.4lIM ■ AO)ILLDtIIY TIU(4.14.1111YL\➢t{ � i Iwo 12 City Council Staff Report April 19,2017—Page 2 Airport Taxiway J Pavement Rehabilitation and Electrical Systems Replacement Projects Bid Solicitation Approval and FAA Grant Funding Acceptance Airfield Taxiway J Project This project is a rehabilitation of the airfield asphalt pavement on Taxiway J between Taxiway C and Runway 13L. The existing asphalt will be removed and reconstructed with new FAA approved materials constructed in accordance with the Standards for Construction of Airfield Pavement. The project's duration is scheduled for 30 calendar days. FISCAL IMPACT: The Taxiway J project's estimated cost prior to bid is $214,430, and the Airfield Electrical is $2,027,356. Both projects are eligible for and will be funded by Federal Aviation Administration Airport Improvement Grant No. 55- The City's Airport Fund will be responsible for providing the ten percent matching share of the grant at about $250,000 taken from budgeted Account No. 416-6401-56186. Although the FAA grant has not been received as of the date of this Staff Report, these projects have been approved and fiscally programmed by the FAA, and are anticipated in June. Council approval for acceptance of the grant is requested ahead of that schedule to facilitate the project's construction. Thomas N an Executive Director, Airport David H. Ready City Manager I I Attachments: Invitation for Bids 13 CITY OF PALM SPRINGS,CALIFORNIA NOTICE INVITING BIDS FOR TAXIWAY'J' REHABILITATION PROJECT PALM SPRINGS INTERNATIONAL AIRPORT FAA AIRPORT IMPROVEMENT PROJECT NO.3.06-0181-055-2016 INVITATION FOR BIDS(IFB)17-xx NOTICE IS HEREBY GIVEN that sealed bids will be received at the Office of the Procurement and Contracting Manager of the City of Palm Springs,California,3200 East Tahquitz Canyon Way, Palm Springs,California 92262 until, ,locW time on at which time they will be opened and read aloud. Bids must be submitted in sealed envelopes marked on the outside:'TAXIWAY V REHABILITATION PROJECT". DELIVERY OF BIDS-NOTIFICATION OF PARKING LOT CONSTRUCTION AT CITY HALL- Contractors are hereby notified that there will be construction in progress at the Palm Springs City Hall parking lot on the day that Bids are due. Contractors shall take this into account in the delivery of their bids, as neither the City nor the parking lot contractor shall be liable or responsible for the late delivery of a bid due to the construction in progress at City Hall_ It is the responsibility of the contractor to see that any bid that is hand delivered, sent through the mail, or by any other delivery method, shall have sufficient time to be received by the Office of Procurement& Contracting by the due date and bme. Late bids will not be accepted and shall be returned unopened. LOCATION OF WORK-The Work to be perrormed hereunder is located at the Palm Springs International Airport,3400E TahquitzCanyon Way, Palm Springs, California. DESCRIPTION OF THE WORK: The Project consists of the Removal and Reconstruction of approximately 12,000 sf of failed Asphalt Pavement within the limits of Taxiway J. Construction will consist of full depth removal of existing Asphalt Pavements, re-compaction of existing base materials and construction of new Asphalt Cement Pavement. Project includes repainting runway and taxiway markings. The Project will require temporary closures to Runway 13L—31 R and Taxiway J and Taxiway E. No electrical work is anticipated. The Engineer's Estimate falls within a range of$200,000 to$250,000 The City has not yet received FAA grant funding. However,a pre-application has been made and there is sufficient Airport Improvement Program entitlement funding allocated for this project, but the FAA wig not issue final grant offerwithcut final bid price amount. OBTAINING OR INSPECTING CONTRACT DOCUMENTS - A complete set of Contract Documents dated March 17, 2017 may be obtained on, or after at Planit Reprographics, 77738 Flora Road, Palm Desert, California 92211, phone (760) 345-2500, fax (760) 345-2599 for a non- refundable deposit of$400.00 for each hardoopy set or$200.00 for each CD. Shipping costs are extra. Checks to be made payable to Planit Reprographics. A copy of the Planholder's list maybe obtained by contacting Planit -Reprographics directly. Contact person: Eric Bich Email: planwell@planitreprographics.com Bidder must supply all information required by the complete bid documents and specifications. PROJECT ADVERTISEMENT-The project was advertised for bid PRE-BID CONFERENCE AND VISIT TO WORK SITE-All interested bidders are encouraged to attend a Pre- Bid Conference and examine the site to becorne familiar with the site conditions. The NON-MANDATORY Pre Bid Conference will be held at local drive,on at the Palm Springs International Airport, 3400 E.Tahquttz Canyon Way,Palm Springs, California, in the 2nd Floor Conference Room. A tour of the site will occur for interested bidders,immediately following the conclusion of the Pre Bid Conference. For safety and security reasons,ladders are limilled to 2 representatives on the site tour. COMPLETION OF WORK-Time is of the essence.All field work must be completed within 30 consecutive calendar days after commencement date stated in the Notice to Proceed, 14 AWARD OF CONTRACT - The contract will be awarded to the lowest responsible bidder. The City reserves the right, after opening, to reject any and all bids, or to waive any minor informality in a bid. The award of the contract is subject to the approval of the Federal Aviation Administration. As a condition of award,the successful bidder wilt be required to submit bonds and insurance, prior to the execution of the contract by the City. Failure to meet this requirement shalt constitute abandonment of the Bid by the Bidder and forfeiture of the Bid Bond. If this occurs the contract will then be awarded to the next lowest bidder. BID SECURITY - Each bid shall be accompanied by either cash, certified cashier's check or Bid Bond in the amount of ten(10) percent of the total bid price(all schedules,as applicable), payable to the City of Palm Springs, as a guarantee that the Bidder, if its Bid is aooepted, will promptly obtain the required Bonds and Insurance and will prepare the required submittal document and execute the Agreement. BIDS TO REMAIN OPEN-The Bidder shall guarantee the Total Bid Price for a period of ninety(90)calendar days from the date of Bid Opening. CONTRACTOR'S LICENSE CLASSIFICATION-in accordance with the provisions of California Public Contract Code Section 3300, the City has determined that the Contractor shall possess a valid Class A Contractor License at the time the Contract is awarded. Failure to possess the specified license shall render the bid as non-responsive and shad act as a bar to award of the Contract to any bidder not possessing said license at the time of award. The Contractor must be licensed to do business in the City of Palen Springs in accordance with the provisions of Chapter 9, Division 3,of the Business and Professions Code,and will be required to obtain a City Construction Permit No Fee from the Building Department and/or the Public Works Inspection Supervisor, City Hall, Palm Springs,California. STATEMENT OF QUALIFICATIONS - Each proposal must be accompanied by a statement of the bidder's quallfxatbr s to perform the work contemplated. The Statement of Qualifications shall be prepared on the form attached hereto. CONTRACTORS REGISTRATION REQUIREMENTS -As a condition of award or after April 1, 2016, the contractor and any subcontractor listed on the bid must be registered with the Department of Industrial Relations pursuant to Section 1725.5 of the California Labor Code." WAGE RATE REQUIREMENTS- (a) ate - In accordance with the provisions of California Labor Code Section 1770, 1773, 1773.1,1773.6 and 1773.7, as amended, the Director of the Department of Industrial Relations has determined the general prevailing rate of per diem wages in accordance with the standards set forth in Section 1773 for the locality In which the Work is to be performed. A copy of said wage rates is on file at the Department of Building and Safety, City Hall, Palm Springs, California. It shall be mandatory upon the Contractor to whom the Work is awarded and upon any subcontractor under the Contractor to pay not less than said specified rates to all workers employed by them in the execution of the Work, and shall post a copy of said wage rates at the project site. (b) Fedora r-The general prevailing rate of wages, as determined by the Secretary of Labor are included hereinafter as partof the Contract Documents,provided,that if there Is any difference between the State or Federal wage rate for any given craft or mechanic needed to execute the work,it shall be mandatory upon the Contractor and any subcontractor to pay the higher of the two rates. All labor on the project shall be paid no less than the minimum wage rates established by the U.S, Secretary of Labor. TRADE RESTRICTIONS-All solicitations,contracts and subcontracts resulting from projects funded under the Airport Improvement Program (AIP)must contain the foreign trade restriction required by 49 CFR Part 30, Denial of Public Works Contracts to Suppliers of Goods and Services of Countries That Deny Procurement Market Access to U. S. Contractors. The Aviation Safety and Capacity Expansion Act of 1990 provides that preference be given to steel and manufaclured products produced in the United States when funds are expended pursuant to a grant issued under the Airport Improvement Program. 15 EQUAL EMPLOYMENT OPPORTUNITY AND AFFIRMATIVE ACTION REQUIREMENTS — Each bidder must complete, sign and furnish,, prior to award of the contract, the "Bidders Statement on Previous Contracts Subject to EEO Clause", a "Certification of Nonsegregated Facilities", and the "Assurance of Disadvantaged Business Enterprise Participation"as contained in the Bid Proposal. These items must be submitted with his or her bid. A Contractor having 50 or more employees and his or her subcontractors having 50 or more employees and who may be awarded a contract of$50,000 or more will be required to maintain an affirmative action program, the standards for which are contained in these specifications. The proposed contract is under and subject to Executive Order 11246, as amended, of September 24, 1966,and to the Equal Employment Opportunity(EEO)and Federal Labor Provisions. The EEO requirements, labor provisions, and wage rates are included in the specifications and bid documents and are available for inspection at the Department of Building and Safety,City Hall,Palm Springs,California_ To be eligible for award, each bidder must comply with the affirmative action requirements which are contained in the specifications_ Disadvantaged Business Enterprises (DBEs) as defined in 49 CFR Part 26 shall have the maximum opportunity to participate in the performance of contracts under this agreement. Consequently, the DBE requirements of 49 CFR Part 26 apply to this agreement. Women will be afforded equal opportunity in all areas of employment_ However, the employment of women shall not diminish the standards of requirement for the employment of minorities. RETAINAGE FROM PAYMENT-The Contractor may elect to receive 100 percent payments due under the Contract Documents from time to time, without retention of any portion of the payment by the City, by depositing securities of equivalent value with the City in accordance with the provisions of Section 22300 of the Public Contract Code. Such securities, if deposited by the Contractor, shall be valued by the City, whose decision on valuation of the securities shall be final. Securities eligible for investment under this provision shall be limited to those listed in Section 6430 of the Government Code or bank or savings and ban certificates of deposit. ADDRESS AND MARKING OF BIDS-The envelope enclosing the laid shall be sealed and addressed to the City or Palm Springs, and shall be delivered or mailed to Craig L. Gladders, C.P.M., Procurement and Contracting Manager, at 3200 East Tahquitz Canyon Way, Palm Springs, CA 92262. The envelope shall be plainly marked in the upper left hand comer with the name and address of the Bidder and shall bear the words "TAXIWAY J REHABILITATION PROJECT" for the "PALM SPRINGS INTERNATIONAL AIRPORT', followed by the date and hour of opening Bids. The certified or cashier's check or Bid Bond shall be enclosed in the same envelope with the Bid. PROJECT ADMINISTRATION - All communications relative to this Work shall be directed to Mr. Curt Ingraham, P.E., Parsons Brinckerhoff, 451 E. Vanderbilt Way, Suite 200, San Bernardino, CA 92408, phone (909) 888-1106, fax (909) 889-1884, (e-mail) Ingraham@pbworM.com All questions relating to interpretation of the Contract Documents or products must be submitted in writing, ten days prior to bid opening,and any responses will be in the form of written addenda to the Documents. BY ORDER OF THE CITY OF PALM SPRINGS,CA DATE: March 25,2017 By: Craig L. Gladders, C.P,M Procurement and Contracting Manager 16 CITY OF PALM SPRINGS, CALIFORNIA NOTICE INVITING BIDS FOR AIRFIELD LIGHTING PROJECT PALM SPRINGS INTERNATIONAL AIRPORT FAA AIRPORT IMPROVEMENT PROJECT NO.3-06-0181-056-2016 INVITATION FOR BIDS(IFB)17-xx NOTICE IS HEREBY GIVEN that sealed bids will be received at tie Office of the Procurement and Contracting Manager of the City of Palm Springs,California, 3200 East Tahquitz Canyon Way,Palm Springs, Califomia 92262 unit, .local time on at which time they wig be opened and read aloud, Bids must be submitted in sealed envelopes marked on the outside:"AIRFIELD LIGHTING PROJECT". DELIVERY OF BIDS-NOTIFICATION OF PARKING LOT CONSTRUCTION AT CITY HALL- Contractors are hereby notified that there will be construction in progress at the Palm Springs City Hall parking lot on the day that Bids are due. Contractors shall take this into account in the delivery of their bids, as neither the City nor the parking lot contractor shall be liable or responsible for the late delivery of a bid due to the construction in progress at City Hall. It is the responsibility of the contractor to see that any bid that is hand delivered, sent through the mail,or by any other delivery method, shall have sufficient time to be received by the Office of Procurement$ Contracting by the due date and time. Late bids will not be accepted and shall be returned unopened. LOCATION OF WORK - The Work to be performed hereunder is located at the Palm Springs International Airport,3400 E, Tahquilz Canyon Way, Palm Springs, California. DESCRIPTION OF THE WORK: The Project consists of replacing approximately 222,000 lineal feet of existing airfield electrical conductors to taxiway and runway lights, signs and navaids. The Project includes replacement of Constant Current Regulators, replacement of transformers on existing LED taxiway fixtures, and replacement of existing Incandescent Mandatory, Directional and Informational signs with LED signs. The GA Runway will be upgraded wRh Medium Intensity LED Runway Lights, new LED Runway End Indicator Lights and new LED Precision Approach Path Indicators. The Project will require temporary closures to runways and taxiways. The Engineers Estimate falls within a range of$1.9 to$2.2 million. The City has not yet received FAA grant funding. However, a pre-application has been made and there is sufficient Airport Improvement Program entitlement funding allocated for this project, but the FAA will not issue final grant offer without final bid price amount OBTAINING OR INSPECTING CONTRACT DOCUMENTS - A complete set of Contract Documents dated March 17, 2017 may be obtained on, or after at Planh Reprographics, 77738 Flora Road, Palm Desert, California 92211, phone (760) 345-2500, fax (760) 345-2599 for a non-refundable deposit of$400.00 for each hardcopy set or$200.00 for each CD. Shipping costs are extra. Checks to be made payable to Plan it Reprographics. A copy of the Planholders list maybe obtained by contacting Phanit Reprographics directly.Contact person: Eric Birch Email: planwell@planitreprographics.cam Bidder must supply all information required by the complete bid documents and specifications. PROJECT ADVERTISEMENT-The project was advertised for bid PRE$ID CONFERENCE AND VISIT TO WORK SITE-All interested bidders are encouraged to attend a Pre- Bid Conference and examine the site to become farrnlier with the site conditions. The NON-MANDATORY Pre Bid Conference will be held at_ .local time,on at the Palm Springs International Airport, 340D E. Tahquitz Canyon Way, Palm Springs, California, inner Floor Conference Room. A tour of the site will occur for interested bidders, immediately following the conclusion of the Pre Bid Conference. For safety and security reasons,bidders are limited to 2 representatives on the site tour. COMPLETION OF WORK - Time is of the essence. All field work must be completed within 150 ,,. 17 consecutive calendar days after commencement date staled in the Notice to Proceed. AWARD OF CONTRACT • The contract will be awarded to the lowest responsible bidder, The lowest responsible bidder for the purposes of award shall be the bidder offering the lowest aggregate price for the Base Bid plus Alternate No. 1, No. 2 and No. 3. However, the City reserves the right to delete any and all line items from any, all or none of the Bid Alternates from the actual contrail award based upon the availability of funding. The deletion of any and all of the line items from the Bid Alternates shall in no way affect the determination of the lowest responsible bidder, which shall be determined by the inclusion of all of the line items. The City reserves the right, after opening, to reject any and all bids, or to waive any minor informality In a bid. The award of the contract is subject to the approval of the Federal Aviation Administration. As a condition of award,the successful bidder will be required to submit bonds and insurance, prior to the execution of the contract by the City. Failure to meet this requirement shall constitute abandonment of the Bid by the Bidder and forfeiture of the Bid Bond. If this occurs the contract will then be awarded to the next lowest bidder. BID SECURITY - Each bid shall be accompanied by either cash, certified cashiers check or Bid Bond in the amount of ten (10) percent of the total bid price(all schedules, as applicable), payable to the City of Palm Springs, as a guarantee that the Bidder, it its Bid is accepted,will promptly obtain the required Bonds and Insurance and will prepare the required submittal document and execute the Agreement. BIDS TO REMAIN OPEN-The Bidder shall guarantee the Total Bid Price for a period of ninety(90)calendar days from the date of Bid Opening. CONTRACTOR'S LICENSE CLASSIFICATION-In accordance with the provisions of California Public Contrail Code Section 3300, the City has determined that the Contractor shall possess a valid Class A Contractor License at the time the Contract Is awarded, Failure to possess the specified license shall render the bid as non-responsive and shall act as a bar to award of the Contract to any bidder not possessing said license at the time of award. The Contractor must be licensed lo do business in the City of Palm Springs in accordance with the provisions of Chapter 9, Division 3,of the Business and Professions Cade,and will be required to obtain a City Construction Permit No Fee from the Building Department arxilor the Public Works Inspection Supervisor, City Hall, Palm Springs, California. STATEMENT OF QUALIFICATIONS - Each proposal must be accompanied by a staterrient of the bidder's qualifications to perform the work contemplated_ The Statement of Qualifications shall be prepared on the form attached hereto. CONTRACTORS REGISTRATION REQUIREMENTS -As a condition of award or after April 1, 2015, the contractor and any subcontractor listed on the bid must be registered with the Department of Industrial Relations pursuant to Section 1725.5 of the California Labor Code.' WAGE RATE REQUIREMENTS- (a) State - In accordance with the provisions of California Labor Code Section 1770, 111773, 1773.1,1773.6 and 1773.7, as amended, the Director of the Department of Industrial Relations has determined the general prevailing rate of per diem wages in accordance with the standards set forth in Section 1773 for the locality in which the Work is to be performed. A copy of said wage rates is on file at the Department of Budding and Safety, City Hall, Palm Springs, California. It shall be mandatary upon the Contractor to whom the Work is awarded and upon any subcontractor under the Contractor to pay not less than said specified rates to all workers employed by them in the execution of the Work, and shall post a copy of said wage rates at the project site. (b) Federal-The general prevailing rate of wages, as determined by the Secretary of Labor are included hereinafter as part of the Contract Documents;provided,that If there is any difference between the State or Federal wage rate for any given craft or mechanic needed to execute the work, d shad be mandatory upon the Contractor and any subcontractor to pay the higher of the two rates. All labor an the project shall be paid no less than the minimum wage rates established by the U.S. Secretary of , � 18 Labor. TRADE RESTRICTIONS-All solicitations, contracts and subcontracts resulting from projects funded under the Airport Improvement Program(AIP) must contain the foreign trade restriction required by 49 CFR Part 30, Denial of Public Works Contracts to Suppliers of Goods and Services of Countries That Deny Procurement Market Access to U S. Contractors, The Aviation Safety and Capacity Expansion Act of 1990 provides that preference be given io steel and manufactured products produced in the United States when funds are expended pursuant to a grant issued under the Airport Improvement Program. EQUAL EMPLOYMENT OPPORTUNITY AND AFFIRMATIVE ACTION REQUIREMENTS - Each bidder must complete, sign and furnish, prior to award of the contract, the 'Bidders Statement on Previous Contracts Subject to EEO Clause", a "Certification of Nonsegregated Facilities", and the "Assurance of i Disadvantaged Business Enterprise Participation" as contained in the Bid Proposal. These items must be submitted with his or her bid. jA Contractor having 50 or more employees and his or her subcontractors having 50 or more employees I and who may be awarded a contract of$60,000 or more will be required to maintain an affirmative action I program, the standards for which are contained in these specifications. The proposed contract is under and subject to Executive Order 11246, as amended, of September 24, 1965,and to the Equal Employment Opportunity(EEO)and Federal Labor Provisions. The EEO requirements, labor provisions, and wage rates are included in the specifications and bid documents and are available for inspection at the Department of Bulking and Safety,City Hall,Palm Springs,California. To be eligible for award, each bidder must comply with the affirmative action requirements which are contained in the specifications- Disadvantaged Business Enterprises (DBEs) as defined in 49 CFR Part 26 shall have the maximum opportunity to participate in the performance of contracts under this agreement. Consequently, the DBE requirements of 49 CFR Part 26 apply to this agreement. Women will be afforded equal opportunity in all areas of employment. However, the employment of women shall not diminish the standards of requirement for the employment of minorities. RETAINAGE FROM PAYMENT-The Contractor may elect to receive 100 percent payments due under the Contract Documents from time to time,without retention of any portion of the payment by the City, by depositing securities of equivalent value with the City in accordance with the provisions of Section 22300 of the Public Contract Code. Such securities, if deposited by the Contractor, shall be valued by the City, whose decision on valuation of the securities shall be final. Securities eligible for investment under this provision shall be limited to those listed in Section 6430 of the Government Code or bank or savings and loan certificates of deposit. ADDRESS AND MARKING OF BIDS-The envelope enclosing the Bid shall be sealed and addressed to the City of Palm Springs, and shall be delivered or mailed to Craig L. Gladders,C.P.M., Procurement and Contracting Manager, at 3200 East Tahquitz Canyon Way, Palm Springs, CA 92262. The envelope shall be plainly marked in the upper left hand comer with the name and address of the Bidder and shall bear the words "AIRFIELD LIGHTING PROJECT' for the "PALM SPRINGS INTERNATIONAL AIRPORT', followed by the date and hour of opening Bids. The certified or cashier's check or Bid Bond shall be enclosed in the same envelope with the Bid. PROJECT ADMINISTRATION - All communications relative to this Work shall be directed to Mr. Curt Ingraham, P.E., Parsons Brinkerhoff, 451 E. Vanderbilt Way, Suite 200, San Bernardino, CA 92408, phone (909) 088-1106, fax (909) 889-18B4, (e-mail) Ingraham@pbworld.com All questions relating to interpretation of the Contract Documents or products must be submitted in writing, ten days prior to bid opening, and any responses will be in the form of written addenda to the Documents. w 19 BY ORDER OF THE CITY OF PALM SPRINGS,CA DATE: By. Craig L.Gladders, C.P.M Procurement and Contracting Manager 20 FpA�M Sw V N • c4`'FaeM�" CITY COUNCIL STAFF REPORT DATE: May 03, 2017 NEW BUSINESS SUBJECT: Airport Terminal Ticketing Wing Renovation Schematic Drawings Review FROM: David H. Ready, City Manager BY: Department of Aviation SUMMARY On August 3, 2016, City Council approved a Federal Aviation Administration Grant to fund the design of the Airport's Terminal Ticketing Wing Renovation. The schematic design is ready for City Council's input and authorization to proceed with the design development phase. Representatives from WSP PB Aviation will make a presentation i on the Schematic Drawings at the Council meeting. RECOMMENDATION: 1. Approve acceptance of the Airport Terminal Ticketing Schematic Design. 2. Authorize proceeding with the Design Development phase. 3. Authorize proceeding with the bid on the Terminal Phase 1 Enabling Project estimated to cost approximately$1,300,000. STAFF ANALYSIS: In late 2015, City Council adopted the updated Federal Aviation Administration funded and approved Airport Master Plan that identified a need to expand the interior space of the airport's terminal ticketing wing to address growing constraints in the passenger circulation and check-in queuing areas, and enhance the efficiencies of baggage screening and processing functions. This Airport Master Plan project was also identified by City Council, during the March 2017 Strategic Planning session, as a three-year goal to "Enhance and invest in public infrastructure". Working toward accomplishing this airport ticketing area capacity enhancement project, in August 2016 Council approved a professional services agreement with WSP Parsons Brinckerhoff Aviation, funded by FAA AIP Grant No. 3-06-0181-054-2016 in the amount of $1,922,379.82, for the full design and bid of the two construction season project. Schematic design is now ITEM NO.__5-14:' _ 21 City Council Staff Report May 03,2017—Page 2 Airport Terminal Ticketing Wing Renovation Schematic Drawings Review complete and it requires review and input by the Council prior to proceeding with full design development. The ticketing area renovation projects majority of work and expense are for utilitarian elements driven by the Federal Aviation Administration's requirements for functionality check-in and baggage processing. The Airport Master Plan used specific aviation forecast methodology to identify activity levels that will result in airport facility constraints if not addressed. The FAA considers any airport's passenger processing and baggage handling constraints an impediment to their overall National Plan of Integrated Airport Systems. This is based on the principle that when passengers and baggage are not processed safely and efficiently, then flight delays materialize and impose a domino effect impact on airline hub and spoke airport system schedules. The mission of the FAA includes ensuring that Federal Grants are being used appropriately to proactively identify capacity and efficiency constraints, and this schematic design's emphasis achieves these objectives. Project Functional and Design Elements The two driving components of this ticketing renovation is the need to create additional space in the passenger processing areas, installing new more efficient baggage screening systems in the rooms located behind the ticket counter back wall out of public view, and adding capacity to.airline baggage retrieval capabilities and ticket counter customer service positions. Working within the confines of the existing ticketing wing's footprint, the only plausible way to create the needed passenger processing space was to move the airline ticket counters backwards creating more depth to the public circulation and queuing area. Given the Council direction of not disturbing the terminal's historic front fagade, which is being fully accomplished here, the rear of the ticketing wing's steel enforced canopy area will have to be fully enclosed to capture the additional operational space necessary to house a new consolidated baggage system and screening area. The entire interior of the existing ticketing wing will require demolition and renovation. The project's speck benefits achieved include the following: • Create approximately 5000 additional square feet to the existing 15,000 square feet of space within the public processing and circulation area by moving the airline ticket check-in counters backwards • Preserve the original architect's aviation theme while achieving a more open and spacious passenger circulation space integrating new digital signage technologies for improved information transmittal from airline to passenger • Improve passenger processing alternatives and efficiency by adding more room for self-check-in kiosks • Widen the main passenger flow corridor the full length of the ticketing hall for more capacity and efficient, comfortable two-way passenger circulation • Create easily accessible areas for wheelchair storage 0V 22 City Council Staff Report May 03. 2017— Page 3 Airport Terminal Ticketing Wing Renovation Schematic Drawings Review • Enhance the overall sense of the increased space and reduce ambient sound levels by elevating the public area ceiling height adding 66,000 cubic feet of space to the existing 102,OD0 cubic feet • Install a semi-automated Baggage Handling System that enhances capacity throughput and fortifies airline and TSA security processes • Consolidate the TSA baggage screening area equipment and functions for improved ergonomics and safety for airline and TSA employees • Create new customized, flexible airline operations offices to optimize space utilization and accommodate future airline changes • Install new passenger check-in counters increasing the airline customer service agent positions from 50 to 60 • Replace HVAC, plumbing, and electrical systems with new technology for improved safety, enhanced working conditions for tenant staff, and more comfort and convenience for the general public during passenger processing • Build empioyee restrooms • Create airline new operations offices under the Bono Concourse • Remove any hazardous materials during demolition Design Assumptions The only area that has architectural features is the public space located between the airport terminal's front facade and wail immediately behind the airline ticket counters. The inspiration that drove the architect's interior design elements emanated from the existing terminal lobby which served as the hallmark of Mr. Donald Wexler's airport terminal building. A ceremony in 2009, with Mr. Wexler present, dedicated a plaque inscribed with the following: "Built in 1966 Donald Wexler, Architect An expression of the jet age, the facade brings a sense of flight to the terminal entrance through a v-shaped roof, floating columns,and expansive glass" Keeping with the "sense of flight" Mr. Wexler expressed with this iconic building, the interior renovation architectural features designed into the new ticketing wing public areas perpetuate this theme. Note: The colors and finishes in the following renderings are for exhibit purposes only and final selection will be determined by the Council when Design Development is complete. Design Concept Drawings and Project Area Layout Concept designs drawings and the proposed project area layouts are shown in Exhibits A through E. 23 City Council Staff Report May 03. 2017--Page 4 Airport Terminal Ticketing Wing Renovation Schematic Drawings Review Construction Schedule An important component of this ticketing renovation project is orchestrating a phasing plan which minimizes the effect on the airport operations. The summer period is the optimum construction time because it has considerably less flight demand and subsequently fewer passengers to accommodate. However, the project cannot be initiated and completed in one season, so it must be constructed over two off-seasons in 2017 and 2018. Enabling Projects for Sid Approval The action requested of City Council is to authorize proceeding with the Bid phase of the elementary"Enabling Projects° which must be completed during calendar year 2017 for utilization as supplemental airline and TSA operations space during the main 2018 demolition and renovation portion of the project. The following drawing depicts the enabling projects which include a modular structure installed directly behind the ticketing wing, and the buildout of small offices under the Bono concourse at ground level. The estimated cost of these two enabling elements is $1.3 million and will be funded by an FAA Grant awarded after the bid price is determined. See Exhibit F titled Enabling Projects to view the propnsed layout, FISCAL IMPACT; The schematic phase design created a total project construction cost estimated at $24,400,000 and $26,000,000_ Design Development will refine this estimate and include some contingencies that allow for cost reduction should there be anything in the final bid of the 2018 project that compromises the budgetary parameters. A separate professional services contract was authorized by City Council in December 2016 to conduct the appropriate financial feasibility of the project and established two primary sources of funding for the project: 1) FAA Entitlement Grants funding: The first FAA grant is being used for current design and bid phase, and a second FAA grant is programmed to fund the 2017 enabling projects this summer. Additional FAA entitlement grant funds between $4,000,000 to $6,000,000, which are formulated based on total annual number of passengers, is forthcoming and will be used for only FAA eligible project elements in the 2018 construction and renovation phase. All FAA grants combined will fund approximately one-quarter of the total project cost. 2) FAA Passenger Facility Charge: Will be instituted to retire the old PSP Airport Bond that originated in the 1990s to fund construction of the new Bono Concourse, and provide new bonds for the 2018 major ticketing construction and renovation. This new 24 City Council Staff Report May 03, 2017—Page 5 Airport Terminal Ticketing Wing Renovation Schematic Drawings Review PFC program will be coming to Council soon for authorization to proceed with the program as required by the FAA. Of the ten airlines that serve PSP Airport, only five are under the Council approved Signatory Airport Use and Lease Agreement (AULA). Under the terms of this AULA agreement, there is a provision that requires these airlines to have "majority" consensus on certain airport capital expenditures. This agreement, which has been in place for over a decade, is consistent with the practices in airports throughout the United States. The Federal Aviation Administration closely monitors airport tenant practices to ensure that there is a fair and competitive airport environment without any discriminatory or preferential treatment to any airline. The PSP Airport Airline Use and Lease Agreement, as approved by City Council, provide the guideline parameters for airlines budgetary approvals on both airport operating and capital projects. The airlines' consensus process on how to address the ticketing wing constraints and remedies began in 2010 with their participation into the Master Plan that Council ratified in 2015. During that process, the airlines' input was the driving impetus for creating this cost effective ticketing renovation project altemative versus two significantly more complicated alternatives that involved the construction of an entirely new building at about twice the expense of this project, There has been majority consensus by the airlines to proceed with this project and the airlines indicated they will use a technical committee to work closely in design development phase to ensure that the project budget is preserved and that future operating expenses emanating from the project are as streamlined as possible. Each airline will require proprietary office and counter customized buikfout, and this technical committee will be responsible for representing those specific needs to the design team. To ensure that the airlines do not incur project related costs during the phased main construction in 2018, the new PFC will include approximately$4,500,000 in funding that will cover airline specific relocation and new space buildout costs. Additionally, the construction contract wili provide an allotment to the general contractor to hire additional sufficient staff to assist airlines with any additional baggage handling labor required during the temporary conditions during 2018 construction. 1 TFtomas P. Nolan, A.A.E. David H. Ready, F Executive Director, Airport City Manager Attachments:WSP PB Aviation Project Presentation 25 li Exhibit A . o I L 2 BONO CONCOURSE AREA Gom .i4tANua,: art / • .r,.+++fry �• uasawnrf. .�• \ � r.r xryr• r �� (a: � rGfgf s• II 1rU�Ft'f.RR Y•.f ,YY.ala.t. rY/0. rf � • iit M ' 1 / • a1Wr.4.L r• 2 TICKETING HALL EXPANSION 1 PROPOSED TICKETING BALL AREA 1 OF 4 Project Area Layout 26 Exhibit Renderin r g of new main ticketing area looking . south Exhibit C r s Rendering of new transition from main terminal lobby into the main ticketing hall 28 Exhibit D A�CA I C ql y Rendering of new south ticketing area looking north 2J Exhibit E t Rendering showing view facing the airline ticket counters Exhibit F —I --- z BONO CONCOURSE LOWER LEVEL FILM z TICKETING HALL EXPANSION RAMP BUILDING FLOOR PLAN ENABLING PROJECTS PLAN Enabling Projects 31 Attachment B 32 October 26, 2017 Craig Gladders Procurement& Contracting Manager Palm Springs International Airport 3400 E. Tahquitz Canyon Way, Palm Springs, CA 92262 RE: Enabling Project—Re-bid AIP No. 3-06-0181-055-2017 Dear Mr. Gladders, The bid documents for all three(3) of the bidders - Caltec Corporation, Future DB International and Marcon Engineering for the subject project, Enabling Project—Re-bid IFB 18-02,have been reviewed and we offer the following recommendations: The Bids were checked for mathematical errors and confirmed to be correct. A bidders comparison chart is attached for your use. Caltec Corporation and Future DB International bid documents have been found to be in conformance with the requirements of the contract and are found to be responsive. Marcon Engineering's bid documents are deficient in the following areas: 1. Instructions to Bidders Item 9e missing required written confirmation from each listed SBF,that it is participating in the contract in the kind and amount of work provided in the prime contractor's commitment 2. Bid Form III-6 requires the contractor to list all sub-contractors—this form is incomplete as only 51% of the work is accounted for. We deem Marcon Engineering's bid to be non-responsive. We have evaluated Caltec Corporation and Future DB International's bids and determined that the lowest responsive bidder is Caltec Corporation with a total bid of$2,180,000. The bidder and their sub-contractors State Contractor's License have been verified to be active. And the SBE goal of 2.3% has been met. The low-bidder total Bid in the amount of$21180,000 is above the value of the FAA grant of $1,900,000. The FAA will allow for a project to exceed the Grant amount by as much as 15% which is reimbursed to the Sponsor on completion of the project. With that in mind, the total wSp USA 862 Fast Hospitality Lane,Suite 350 San Bernardino,CA 92408 909-888-1106 wsp.com 33 maximum allowable Contract amount would be$2,185,000—slightly more than the low bidder total Bid Amount of$2,180,000. This would however leave little room for contingency. After having discussed the bid results with the Airport Staff—we have decided to eliminate Bid Alternate No. 1 (Ramp Building)from this project and place it in the Future Terminal Remodel project. The Lump Sum price of all bidders for this item of work vastly exceeds the expected cost. At the current price point—WSP does not believe that the City of Palm Springs would receive full value for the monies spent. WSP will work with Vendors to understand the pricing received and re-evaluate/re-design this component. Due to the delayed schedule for Terminal Remodel project, this Ramp Building in its revised form may be added to the future Terminal Package without affecting the relocation of tenants. This delay gives WSP time to revise the structure to provide a more cost-effective component to be bid as Phase 1 of the Main Project. It is our recommendation that the Base Bid in the amount of$1,200,000 and Bid Alternate 2 in the amount of$130,000 is accepted and award of this contract in the amount of$1,330,000 he made to: Caltec Corporation 8732 Westminster Blvd., Suite 2 Westminster, CA 92683 Contractors Lie# 852623-A&B If any questions or concerns should arise regarding this letter,please feel free to call me at(909) 888-1106. Since C. Curt Ingraham Assistant Vice President Construction Manager Attachments: 1 wsp USA 862 East Hospitality Lane,Suite 350 San Bernardino,CA 92408 909-888-1106 wsp.com 34 Bid Compariscr Pa9 e 1 Eruoling Project-Re-bid Cakeo Corp Future OB lnlemetional Maroon Engineering Engin"rs Estmlam• Palm Springs International Airpart — _Contract., Contractor Conbactw WSP Item No. Desanp5on UM Units unk nAce Total Unit Pace ioFil %Dette 3 DaBa Unit Price TOM I %De9a 3 Della Unit Pdce TOMI %Della E Data 101 Caa4aC addNons to Ba g d Iwel or Bano CoxwaselorADA LS 1 31200,000.00 $ 1,200,WO,00 $ 1,449.000,00 E 1.449.000.00 120.75% E 219,OOO.W S i858,8B8.00 $1,85SAIM.00 15491% $ MA 88800 S 1,1 W,WO.W E (iW,OW.00) BASE 6I1- 000NCAURSE $ 1.200,WO.00 $ 1.449.000.00 E 269,000.on S 1,868,586.00 S 65888800 $ 1,iW,OW.W 3 ('00000.00) Rdside and install pe-fadlceted 201 mcd,darhurdi,(Rdmp Biildrg)at Te Baggage Ramp Area L6 t b OWWOW E SW0W.W 9 7118,OW,00 S 788.OW W 92.71% E (82,OW.W) $ 668,e88,00 S 51MISS8.W 78.69% E (181,112.00) 3 300.O00.00 S (550,OW.00) 810 ALTEERATE 1 5 85DOW 00 3 788,000.00 S (sz,o(00 oc) E BBB.BBB.W a f161.11200 s 3W,000 00 s 300.oW W Nazar te6u,Wogy eaulpmml In IT 301 Clout LS 1 $ 130,00,0.00 $ 130.000.00 S 200,00000 S 200.0W,00 153,Bfi% E 70,WO.W $ 62,288.00 $ 62288.W 47.91% E (87,712.00) E 100,000M E (30,000.00) BID ALTERNATE E 130,01:0.00 E 200000.00 E 70,O00. $ 52,288.00 $ (67,712.W) S 100,000.00 $ (30.WO.00) BASE BID TOTAL E 1,21110,000.0(; $ 1,H9,OW 00 E 249,OW 00 S 1,858,Wa 00 $ 658,888.W It1,100.W0.W $ (1W,WOW) BID ALTERNATE 1 TOTAL E 850,OOO.OD E 7BB,WO.W E (62,gD0.W) E 668,BeB.W S (151,112.00) E 300.00000 $ (550,O00.00 BID ALTERNATE 2 TOTAL $ 130,O0000 It 200,000 $ 70.00.0 3 6228BW $ (67,712.W) E 1W,000 3 130,000,W TOTAL BIDAMOUNT f 2.190.OW.W S 2.437,W0.00 $ 257.000.00 E 2.E90,06100 $ 410,064.W E 1,500,000.W (w0O0 W) ATE Attachment C CONTRACT AGREEMENT PALM SPRINGS INTERNATIONAL AIRPORT FAA AIP PROJECT NO. 3-06-0181-055-2017 INVITATION FOR BIDS (IFB) 18-02 TICKETING HALL EXPANSION—ENABLING PROJECT RE-BID THIS AGREEMENT,made and entered into this day of 20 , by and between the City of Palm Springs, California, (City)and Contractor. WITNESSEfH: Article 1. For and in consideration of the payments and agreements hereinafter mentioned, to be made and performed by the City, and under the conditions expressed in the bonds bearing even date to these presents and hereunto annexed, Contractor agrees with the City, at his or her own proper cost and expense, to do all the work and furnish all materials, except such as are mentioned in the specifications to be furnished by the City, necessary to complete in good workmanlike and substantial manner all of the work for: Improvements to Palm Springs International Airport, FAA AIP Project No. 3-06-0181-055-2017, Invitation for Bids (IFB) 18-02 in accordance with the drawings, proposal, description of work, and special provisions therefore, and also in accordance with the technical specifications for this project, at the first publication of the Invitation for Bids, and all other codes and ordinances referred to and thereby made a part hereof. The limits and location of said work to be done is shown upon the City of Palm Springs Drawings entitled Improvements to Palm Springs International Airport, FAA AIP Project No. 3-06-0181-055-2017 Invitation for Bids (IFB) 18-02, consisting of numbered sheets which said sheets are hereby made a part of this Agreement. Article 2. Contractor is responsible for furnishing all said materials and labor, furnishing and removing all plants, temporary work or structures, tools and equipment, and doing all the work contemplated and embraced in this Agreement; also, for all loss and damage arising out of the nature of the work aforesaid, or from the action of the elements or from any unforeseen difficulties which may arise or be encountered in the prosecution of the work until its acceptance by the City, and for all risks of every description connected with the work; also, for all expense incurred by or in consequence of the suspension or discontinuance of work except such as, in the said specifications, are expressly stipulated to be borne by the City, and for well and faithfully completing the work and whole thereof, in the manner shown and described in the said drawings and specifications and in accordance with the requirements of the Engineer. The City shall pay and the Contractor shall receive in full compensation therefore, the prices for the several items named in the bidding sheet of the proposal. Article 3. The City hereby promises and agrees with the Contractor to employ and does hereby employ the Contractor to provide the materials and do the work according to the terms and conditions herein contained and referred to for the unit prices bid, and hereby contracts to pay the same at the time, in the manner, and upon the conditions above set forth; and the said Parties for themselves, their heirs, executors, administrators, successors and assigns,do hereby agree to the full performance of the covenants herein contained. Article 4. A. Contract Documents: The Contract Documents consist of: Notice Inviting Bids, Instructions to Bidders and the Federal Supplementary Instructions; the prevailing rate of per diem wages as determined by the Director of the Department of Industrial Relations; Federal Wage Rates of the U.S. Dept. of Labor, the accepted Bid Schedule, the Schedule of Values or cost-loaded CPM schedule on lump-sum projects, Equipment or Material Proposed (when required); Bidder's General Information; Bid Security or Bid Bond; Affirmative Action, Minority Business Enterprise, and Equal Employment Opportunity TICKETING HALL EXPANSION-ENABLING PROJECT V-1 CONTRACT AGREEMENT PALM SPRINGS INTERNATIONAL AIRPORT BID DOCUMENTS MAY 15,2017 Certificates; this Agreement; Worker's Compensation Certificate; Performance Bond; Payment Bond; Certificate of Non-Segregated Facilities; Notice of Award; Notice to Proceed; Notice of Completion; General Provisions; Special Provisions; Technical Specifications; Drawings listed on the Sheet Index of the Drawings; inclusive; and all Change Orders and Work Directive Changes which may be delivered or issued after the Effective Date of the Agreement and are not attached hereto. B. Order of Precedence of Contract Documents: 1. In resolving disputes resulting from conflicts, errors, or discrepancies in any of the Contract Documents, the order of precedence shall be as follows: a. Change Orders or Work Directive Changes b. Agreement/Contract c. Federal Requirements d. Addenda e. Special Provisions f Notice Inviting Bids g. Instructions to Bidders h. General Provisions I. Technical Specifications j. Referenced Standard Specifications k Contract Drawings L Referenced Standard Drawings. m. Contractors Bid(Bid Forms) 2. With reference to the Drawings the order of precedence shall be as follows: a Figures govern over scaled dimensions b. Detail drawings govern over general drawings C. Addenda or Change Order drawings govern over Contract Drawings d. Contract Drawings govern over standard drawings e. Contract Drawings govern over shop drawings Article 5. Contract Clauses and Requirements for Construction Contracts. A. General and Labor Clauses for All Construction Contracts and Subcontracts. 1. Airport Improvement Program Project. The work in this contract is included in Airport Improvement Program Project No. 3-06-0181-055-2017 which is being undertaken and accomplished by the City in accordance with the terms and conditions of a grant agreement between the City and the United States under the Airport and Airway Safety, Capacity, Noise Improvement, and Intermodal Transportation Act of 1992, as amended, pursuant to which the United States has agreed to pay a certain percentage of the costs of the project that are determined to be allowable project costs under the Act. The United States is not a party to this contract and no reference in this contract to the FAA or any representative thereof, or to any rights granted to the FAA or any representative thereof,or the United States, by the contract, makes the United States a party to this contract. 2. Consent to Assignment. The Contractor shall obtain the prior written consent of the City to any proposed assignment of any interest in or part of this contract. 3. Convict Labor. No convict labor shall be employed under this contract. 4. Veterans' Preference. In the employment of labor (except in executive, administrative, and supervisory positions), preference shall be given to Veterans of the Vietnam era and disabled veterans as defined in Section 515(c)(1)and (2)of the Airport and Airway Improvement Act of 1982. However, this preference shall apply only where the individuals are available and TICKETING HALL EXPANSION-ENABLING PROJECT V-2 CONTRACT AGREEMENT PALM SPRINGS INTERNATIONAL AIRPORT BID DOCUMENTS MAY 15,2017 qualified to perform the work to which the employment relates. Withholding City from Contractor. Whether or not payments or advances to the City are withheld or suspended by the FAA, the City may, pursuant to applicable law, withhold or cause to be withheld from the Contractor so much of the accrued payments or advances as may be considered necessary to pay laborers and mechanics employed by the Contractor or any subcontractor on the work the full amount of wages required by this contract. 5. Nonpayment of Wages. If the Contractor or any subcontractor fails to pay any laborer or mechanic employed or working on the site of the work any of the wages required by this contract,the City may take such action as may be provided for under any applicable law, to cause the suspension of any further payment or advance of funds until the violations cease. 6. FAA Inspection and Review. The Contractor shall allow any authorized representative of the FAA to inspect and review any work or materials used in the performance of this contract. 7. Subcontracts. The Contractor shall insert in each of his subcontracts the provisions contained in paragraphs 1, 3, 4, 5, 6, and 7 of this section and also a clause requiring the subcontractors to include these provisions in any lower tier subcontracts which they may enter into, together with a clause requiring this insertion in any further subcontracts that may in turn be made. 8. Contract Termination. A breach of paragraphs 6, 7 and/or 8 may be grounds for termination of the contract. 9. Lobbying and Influencing Federal Employees. (1)No Federal appropriated funds shall be paid, by or on behalf of the contractor, 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 the making of any Federal grant and the amendment or modification of any Federal grant. (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 any Federal grant, the contractor shall complete and submit Standard Form-LLL, "Disclosure of Lobby Activities," 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 10. Liquidated Damages - Contractor understands and agrees that if Contractor fails to complete the work required by the Contract in accordance with the Contract Documents, City will suffer damages which cannot be quantified as of the date of execution hereof. Therefore, Contractor and City have agreed to stipulate the amount payable by the Contractor in the event of its failure to meet a Completion Deadline. As such, in the event of Contractor's failure to achieve the required deadlines, Contractor agrees to pay the City Liquidated Damages in the amount of $2,500 per calendar day for each day the project is not substantially complete and accepted beyond the overall project performance period. The overall project performance period shall be set as 137 calendar days after issuance of Notice-to-Proceed (NTP). Liquidated damages cover all extra costs incurred by the Airport for additional construction management and construction engineer and inspection time while the project is still underway beyond the projected performance period of the agreement. Liquid damages will be set at $2,500 per calendar day for each day a phased work area is not fully re-opened per the phasing limitations set forth in the Agreement. The parties intend for the Liquidated Damages set forth herein to constitute liquidated TICKETING HALL EXPANSION-ENABLING PROJECT V-3 CONTRACT AGREEMENT PALM SPRINGS INTERNATIONAL AIRPORT BID DOCUMENTS MAY 15,2017 damages as such term is used in California Government Code Section 53069.85 to the extent said statute may apply, and to constitute stipulated damages to the extent that said statute is not applicable. Contractor acknowledges and agrees that the Liquidated Damages are intended to compensate the City solely for Contractor's failure to meet the deadlines for completion set forth in the Contract Documents and shall not excuse Contractor from liability from any other breach of Contract requirements, including any failure of the work to conform to applicable requirements. B. Miscellaneous Clause Requirements for All Construction Contracts and Subcontracts Unless Otherwise Indicated. 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 shall comply with the Regulations relative to nondiscrimination in federally assisted programs of the Department of Transportation(Title 49,Code of Federal Regulations, Part 21), as they may be amended from time to time, (hereinafter referred to as the Regulations),which are incorporated by reference and made a part of this contract. 2. Nondiscrimination. The Contractor,with regard to the work performed by it during the contract, shall not discriminate on the grounds of race,sex,age,color,or national origin in the selection and retention of subcontractors, including procurements of materials and leases of equipment The Contractor shall not participate either directly or indirectly in the discrimination prohibited by Section 21.5 of the Regulations, including employment practices when the contract covers a program set forth in Appendix B of the Regulations. 3. Solicitations for Subcontractors Including Procurements of Materials and Equipment. In all solicitations either by competitive bidding or negotiation made by the Contractor for work to be performed under a subcontract, including procurements of materials or leases of equipment, each potential subcontractor or supplier shall be notified by the Contractor of the Contractor's obligations under this contract and the Regulations relative to nondiscrimination on the grounds of race, sex, age, color, or national origin. 4. Information and Reports. The Contractor shall provide all information and reports required by the Regulations or directive issued pursuant thereto, and shall permit access to its books, records, accounts, other sources of information and its facilities as may be determined by the City or the FAA to be pertinent to ascertain compliance with such Regulations, orders and instructions. Where any information required of a Contractor is in the exclusive possession of another who fails or refuses to fumish this information, the Contractor shall so certify to the City or the FAA as appropriate, and shall set forth what efforts it has made to obtain the information. 5. Sanctions for Noncompliance. In the event of the Contractor's noncompliance with the, nondiscrimination provisions of this contract, the City shall impose such contract sanctions as it or the FAA may determine to be appropriate, including, but not limited to: a. Withholding of payments to the Contractor under the contract until the Contractor complies,and/or b. Cancellation,termination or suspension of the contract, in whole or in part. 6. Incorporation of Provisions.The Contractor shall include the provisions of paragraphs 1 through 5 in every subcontract, including procurements of materials and leases of equipment, unless exempt by the regulations or directives issued pursuant thereto. The Contractor shall take action with respect to any subcontract or procurement as the City or the Federal Aviation Administration may direct as a means of enforcing such provisions including sanctions for noncompliance: Provided, however, that, in the event a Contractor becomes involved in, or is threatened with, TICKETING HALL EXPANSION-ENABLING PROJECT V-4 CONTRACT AGREEMENT PALM SPRINGS INTERNATIONAL AIRPORT BID DOCUMENTS MAY 15,2017 litigation with a subcontractor or supplier as a result of such direction, the Contractor may request the City to enter into such litigation to protect the interests of the City and, in addition, the Contractor may request the United States to enter into such litigation to protect the interests of the United States. 7. Breach of Contract Terms - Sanctions. Contracts/Subcontracts shall contain such contractual provisions or conditions which will allow for administrative, contractual or legal remedies in instances where Contractors violate or breach contract terms, and provide for such sanctions and penalties as may be appropriate. A sample clause is: "Any violation or breach of the terms of this contract on the part of the Contractor/Subcontractor may result in the suspension or termination of this contract or such other action which may be necessary to enforce the rights of the parties of this agreement." The City will provide the Contractor written notice that describes the nature of the breach and corrective actions the Contractor must undertake in order to avoid termination of the contract. The City reserves the right to withhold payments to the Contractor until such time the Contractor corrects the breach or the City elects to terminate the contract. The City's notice will identify a specific date by with the Contractor must correct the breach. The City may proceed with termination of the contract if the Contractor fails to correct the breach by deadline indicated in the City's notice. The duties and obligations imposed by the contract Documents and the rights and remedies available thereunder are in addition to, and not a limitation of, any duties, obligations, rights and remedies otherwise imposed or available by law. The terms and conditions of paragraph 80-09 of the General Provisions of these Contract Documents are hereby made a part of this agreement as fully as if set out at length herein. 8. Contract Termination.(For contracts in excess of$10,000.)49 CFR Part 18.36(i)(2) a. The City may, by written notice, terminate this contract in whole or in part at any time, either for the City's convenience or because of failure to fulfill the contract obligations. Upon receipt of such notice services shall be immediately discontinued (unless the notice directs otherwise) and all materials as may have been accumulated in performing this contract, whether completed or in progress, delivered to the City. b. If the termination is for the convenience of the City, an equitable adjustment, as determined by the City in its sole discretion, in the contract price shall be made, but no amount shall be allowed for anticipated profit on unperformed services. c. If the termination is due to failure to fulfill the contractor's obligations, the City may take over the work and prosecute the same to completion by contract or otherwise. In such case, the contractor shall be liable to the City for any additional cost occasioned to the City thereby. d. If, after notice of termination for failure to fulfill contract obligations, it is determined that the contractor had not so failed, the termination shall be deemed to have been effected for the convenience of the City. In such event, adjustment in the contract price shall be made as provided in paragraph 2 of this clause. e. The rights and remedies of the City provided in this clause are in addition to any other rights and remedies provided by law or under this contract. 9. Rights to Inventions - Materials. (For contracts or agreements involving imported products, processes, methods, etc.) All rights to inventions and materials generated under this contract are subject to regulations issued by the FAA and the recipient of the Federal grant under which this contract is executed. Information regarding these rights is available from the FAA and the City. 10. Airport and Airway Improvement Act of 1982, Section 520 — General Civil Rights Provisions. TICKETING HALL EXPANSION-ENABLING PROJECT V-5 CONTRACT AGREEMENT PALM SPRINGS INTERNATIONAL AIRPORT BID DOCUMENTS MAY 15,2017 The contractor assures that it will comply with pertinent statutes, Executive orders and such rules as are promulgated to assure that no person shall, on the grounds of race, creed, color, national origin, sex, age, or handicap be excluded from participating in any activity conducted with or benefiting from Federal assistance. This provision obligates the tenant/concessionaire/lessee or its transferee for the period during which Federal assistance is extended to the airport program, except where Federal assistance is to provide, or is in the form of personal property or real property or interest therein or structures of improvements thereon. In these cases, the provision obligates the party or any transferee for the longer of the following periods: (a) the period during which the property is used by the City or any transferee for a purpose for which Federal assistance is extended, or for another purpose involving the provision of similar services or benefits or(b)the period during which the City or any transferee retains ownership or possession of the property. In the case of contractors, this provision binds the contractors from the bid solicitation period through the completion of the contract. This provision is in addition to that required of Title VI of the Civil Rights Act of 1964. 11. Energy Conservation —49 CFR Part 18.36. The Contractor agrees to comply with mandatory standards and policies relating to energy efficiency that are contained in the state energy conservation plan issued in compliance with the Energy Policy and Conservation Act (Public Law 94-163) C. Access to Documents.Records.Etc. 1. For All Cost Reimbursement Type of Contracts. The Contractor shall maintain an acceptable cost accounting system. The City, the Administrator of the FAA and the Comptroller General of the United States, or an authorized representative of either, shall be allowed access to the Contractor's records which are pertinent to the contract for the purpose of accounting and audit. The Contractor shall maintain all required records for three years after the City makes final payment and all other ending matters are closed. 2. ForAII Negotiated Contracts in Excess of$10,000. The Contractor shall maintain an acceptable cost accounting system. The City, the FAA, the Comptroller General of the United States, or any of their duly authorized representatives, shall be allowed access to any books, documents, papers and records of the Contractor which are directly pertinent to an AIP project(s)for the purpose of making audit, examination, excerpts and transcriptions. The Contractor shall maintain all required records for three years after the City makes final payment and all other pending matters are closed. D. Labor Contract Clauses for All Construction Contracts and Subcontracts in Excess of$2,000. 1. Minimum Wages. a. All laborers and mechanics employed or working on the site of the work will be paid unconditionally and not less often than once a week, and without subsequent deduction or rebate on any account(except such payroll deductions as are permitted by the Secretary of Labor under the Copeland Act (29 CFR Part 3)), the full amount of wages and bona fide fringe benefits (or cash equivalent thereof) due at time of payment computed at rates not less than those contained in the wage determination of the Secretary of Labor which is attached hereto and made a part hereof, regardless of any contractual relationship which may be alleged to exist between the Contractor and such laborers and mechanics. Contributions made or costs reasonably anticipated for bona fide fringe benefits under section (b)(2) of the Davis- Bacon Act on behalf of laborers or mechanics are considered wages paid to laborers TICKETING HALL EXPANSION-ENABLING PROJECT V-6 CONTRACT AGREEMENT PALM SPRINGS INTERNATIONAL AIRPORT BID DOCUMENTS MAY 15,2017 or mechanics, subject to the provisions of paragraph (1)(iv) of this section; also, regular contributions made or costs incurred for more than a weekly period (but not less often than quarterly) under plans, funds, or programs which cover the particular weekly period, are deemed to be constructively made or incurred during such weekly period. Such laborers and mechanics shall be paid the appropriate wage rate and fringe benefits on the wage determination for the classification of work actually performed, without regard to skill, except as provided in 29 CFR Part 5.5(a)(4). Laborers or mechanics performing work in more than one classification maybe 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 set 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 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. b. The contracting officer shall require that any class of laborers or mechanics which is not listed in the wage determination and which is to be employed under the contract shall be classified in conformance with the wage determination. The contracting officer shall approve an additional classification and wage rate and fringe benefits, therefore,only when the following criteria have been met: (1) The work to be performed by the classification requested is not performed by a classification in the wage determinations; and (2) The classification is utilized in the area by the construction industry, and (3) The proposed wage rate, including any bona fide fringe benefits, bears a reasonable relationship to the wage rates contained in the wage determination. C. 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, Employment Standards Administration, U. S. Department of Labor, Washington, D.C. 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. (Approved by the Office of Management and Budget under OMB Control Number 1215-0140). d. In the event the Contractor, the laborers or mechanics to be employed in the classification, or their representatives, and the contracting officer do not agree on the proposed classification and wage rate (including the amount designated for fringe benefits where appropriate), the contracting officer shall refer the questions, including the views of all interested parties and the recommendation of the contracting officer, to the Administrator for determination. The Administrator, or an authorized representative, will issue a determination within 30 days of receipt and so advise the contracting officer or will notify the contracting officer within the 30-day period that additional time is necessary. (Approved by the Office of Management and Budget under OMB Control Number 1215-0140). e. The wage rate (including fringe benefits where appropriate) determined pursuant to subparagraphs (1)(c) or (d) of this paragraph, shall be paid to all workers performing TICKETING HALL EXPANSION-ENABLING PROJECT V-7 CONTRACT AGREEMENT PALM SPRINGS INTERNATIONAL AIRPORT BID DOCUMENTS MAY 15,2017 work in the classification under this contract from the first day on which work is performed in the classification. f. Whenever the minimum wage rate prescribed in the contract for a class of laborers or mechanics includes a fringe benefit which is not expressed as an hourly rate, the Contractor shall either pay the benefit as stated in the wage determination or shall pay another bona fide fringe benefit or an hourly cash equivalent thereof. g. If the Contractor does not make payments to a trustee or other third person, the Contractor may consider as part of the wages of any laborer or mechanic the amount of any costs reasonably anticipated in providing bona fide fringe benefits under a plan or program, provided that the Secretary of Labor has found, upon the written request of the Contractor,that the applicable standards of the Davis-Bacon Act have been met. The Secretary of Labor may require the Contractor to set aside, in a separate account, assets for the meeting of obligations under the plan or program. (Approved by the Office of Management and Budget under OMB Control Number 1215-0140). 2. Withholding. The Federal Aviation Administration or the City shall upon its own action or upon written request of an authorized representative of the Department of Labor withhold or cause to be withheld from the Contractor under this contract or any other Federal contract with the same Contractor, or any other Federally-assisted contract subject to Davis-Bacon prevailing wage requirements, which is held by the same Contractor, so much of the accrued payments or advances as may be considered necessary to pay laborers and mechanics, including apprentices, trainees, and helpers, employed by the Contractor or any subcontractor, the full amount of wages required by the contract. In the event of failure to pay any laborer or mechanic, including any apprentice, trainee, or helper, employed or working on the site of work, all or part of the wages required by the contract, the Federal Aviation Administration may, after written notice to the Contractor, City, applicant, or owner, take such action as may be necessary to cause the suspension of any further payment, advance, or guarantee of funds until such violations have ceased. 3. Payroll and Basic Records. a. 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 as described in I (b)(2)(B) of the Davis-Bacon Act), daily and weekly number of hours worked, deductions made and actual wages paid. Whenever the Secretary of labor has found under 29 CFR 5.5(a)(1)(iv) that the wages of any laborer or mechanic include the amount of any costs reasonably anticipated in providing benefits under a plan or program described in section 1 (b)(2)(B) of the Davis-Bacon Act, the Contractor shall maintain records which show that the commitment to provide such benefits is enforceable, that the plan or program is financially responsible, and that the plan or program has been communicated in writing to the laborers or mechanics affected, and records which show the costs anticipated or the actual costs incurred in providing such benefits. Contractors employing apprentices or trainees under approved programs shall maintain written evidence of the registration of apprenticeship programs and certification of trainee programs, the registration of the apprentices and trainees, and the ratios and wage rates prescribed in the applicable programs. (Approved by the Office of Management and Budget under OMB control Numbers 1215-0140 and 1215- 0017). TICKETING HALL EXPANSION-ENABLING PROJECT V-8 CONTRACT AGREEMENT PALM SPRINGS INTERNATIONAL AIRPORT BID DOCUMENTS MAY 15,2017 b. The Contractor shall submit weekly, for each week in which any contract work is performed, a copy of all payrolls to the applicant, City, or owner, as the case maybe, for transmission to the Federal Aviation Administration. The payrolls submitted shall set out accurately and completely all of the information required to be maintained under paragraph (3)(a) above. This information may be submitted in any form desired. Optional Form WH-347 is available for this purpose and may be purchased from the Superintendent of Documents (Federal Stock Number 029-005- 00014-1), U.S. Government Printing Office, Washington, D.C. 20402. The Contractor is responsible for the submission of copies of payrolls by all subcontractors. (Approved by the Office of the Management and Budget under OMB Control Number 1215-0149). C. Each payroll submitted shall be accompanied by a "Statement of Compliance," signed by the Contractor or subcontractor or his or her agent who pays or supervises the payment of the persons employed under the contract and shall certify the following: (1) That the payroll for the payroll period contains the information required to be maintained under paragraph (3)(a) above and that such information is correct and complete; (2) That each laborer and mechanic (including each helper, apprentice and trainee) employed on the contract during the payroll period has been paid the full weekly wages earned, without rebate, either directly or indirectly, and that no deductions have been made either directly or indirectly from the wages earned, other than permissible deductions as set forth in Regulations 29 CFR Part 3; (3) That each laborer or mechanic has been paid not less than the applicable wage rates and fringe benefits or cash equivalents for the classification of work performed, as specified in the applicable wage determination incorporated into the contract. d. The weekly submission of a properly executed certification set forth on the reverse side of Optional Form WH-347 (Section Vill — Contract Forms) shall satisfy the requirement for submission of the "Statement of Compliance" required by paragraph (3)(c)(2)of this section. e. The falsification of any of the above certifications may subject the Contractor or subcontractor to civil or criminal prosecution under Section 1001 of Title 18 and Section 231 of Title 31 of the United States Code. The Contractor or subcontractor shall make the records required under paragraph (3)(a) of this section available for inspection, copying or transcription by authorized representatives of the City, the Federal Aviation Administration or the Department of Labor, and shall permit such representatives to interview employees during working hours on the job. If the Contractor or subcontractor fails to submit the required records or to make them available, the Federal agency may, after written notice to the Contractor, City,applicant or owner, take such action as may be necessary to cause the suspension of any further payment, advance, or guarantee of funds. Furthermore, failure to submit the required records upon request or to make such records available may be grounds for debarment action pursuant to 29 CFR 5.12. 4. Apprentices and Trainees. a. 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 TICKETING HALL EXPANSION-ENABLING PROJECT V-9 CONTRACT AGREEMENT PALM SPRINGS INTERNATIONAL AIRPORT BID DOCUMENTS MAY 15,2017 registered in a bona fide apprenticeship program registered with the U. S. Department of Labor, Employment and Training Administration, Bureau of Apprenticeship and Training, or with a State Apprenticeship Agency recognized by the Bureau, 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 Bureau of Apprenticeship and Training or a State Apprenticeship Agency(where appropriate)to be eligible for probationary employment as an apprentice. The allowable ratio of apprentices to journeymen on the job site in any craft classification shall not be greater than the ratio permitted to the Contractor as to the entire work force under the registered program. Any worker listed on a payroll at an apprentice wage rate, who is not registered or otherwise employed as stated above, shall be paid not less than the applicable wage rate on the wage determination for the classification of work actually performed In addition, any apprentice performing work on the job site in excess of the ratio permitted under the registered program shall be paid not less than the applicable wage rate on the wage determination for the work actually performed. Where a Contractor is performing construction on a project in a locality other than that in which its program is registered, the ratios and wage rates (expressed in percentages of the journeyman's hourly rate) specified in the Contractor's or subcontractor's registered program shall be observed. Every apprentice must be paid at not less than the rate specified in the registered program for the apprentice's level of progress, expressed as a percentage of the journeymen hourly rate specified in the applicable wage determination. Apprentices shall be paid fringe benefits, in accordance with the provisions of the apprenticeship program. If the apprenticeship program does not specify fringe benefits, apprentices must be paid the full amount of fringe benefits listed on the wage determination for the applicable classification. If the Administrator determines that a different practice prevails for the applicable apprentice classification,fringes shall be paid in accordance with that determination. In the event the Bureau of Apprenticeship and Training, or State Apprenticeship Agency recognized by the Bureau, withdraws approval of an apprenticeship program, the Contractor will no longer be permitted to utilize apprentices at less than the applicable predetermined rate for the work performed until an acceptable program is approved. b. Trainees. Except as provided in 29 CFR 5.16, trainees will not be permitted to work at less than the predetermined rate for the work performed unless they are employed pursuant to and individually registered in a program which has received prior approval, evidenced by formal certification by the U.S. Department of Labor, Employment and Training Administration. The ratio of trainees to journeymen on the job site shall not be greater than permitted under the plan approved by the Employment and Training Administration. Every trainee must be paid at not less than the rate specified in the approved program for the trainee's level of progress, expressed as a percentage of the journeyman hourly rate specified in the applicable wage determination. Trainees shall be paid fringe benefits in accordance with the provisions of the trainee program. If the trainee program does not mention fringe benefits, trainees shall be paid the full amount of fringe benefits listed on the wage determination unless the Administrator of Wage and Hour Division determines that there is an apprenticeship program associated with the corresponding journeyman wage rate on the wage determination which provides for less than full fringe benefits for apprentices. Any employee listed on the payroll as a trainee rate who is not registered and participating in a training plan approved by the Employment and Training Administration shall be paid not less than the applicable wage rate on the wage determination for the classification of work actually performed. In addition, any trainee performing work on the job site in excess of the ratio permitted under the registered program shall be paid not less than the applicable wage rate on the wage determination for the work actually performed. In the event the Employment and Training Administration withdraws approval of a TICKETING HALL EXPANSION-ENABLING PROJECT V-10 CONTRACT AGREEMENT PALM SPRINGS INTERNATIONAL AIRPORT BID DOCUMENTS MAY 15,2017 training program; the Contractor will no longer be permitted to utilize trainees at less than the applicable predetermined rate for the work performed until an acceptable program is approved. c. Equal Employment Opportunity. The utilization of apprentices, trainees and journeymen under this part shall be in conformity with the equal employment opportunity requirements of Executive Order 11246, as amended, and 29 CFR Part 30. 5. Compliance with Copeland Act Requirements. The Contractor shall comply with the requirements of 29 CFR Part 3,which are incorporated by reference in this contract. 6. Subcontracts. The Contractor or subcontractor shall insert in any subcontracts the clauses contained in 29 CFR Part 5.5 and such other clauses as the Federal Aviation Administration may by appropriate instructions require, and also a clause requiring the subcontractors to include these clauses in any lower tier subcontracts. The Contractor shall be responsible for the compliance by any subcontractor or lower tier subcontractor with all contract clauses in 29 CFR Part 5.5. The Contractor agrees to abide by all requirements for Subcontractor listing and replacement, found in the California Public Contract Code. 7. Contract Termination: Debarment. A breach of the contract clauses in paragraph (1) through (10) of this section and paragraphs (1) through (5) of the next section below may be grounds for termination of the contract, and for the debarment as a contractor and 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 and 5 are herein incorporated by reference in this contract. 9. Disputes Concerning Labor Standards. Disputes arising out of the labor standards provisions of this contract shall not be subject to the general disputes clause of this contract. Such disputes shall be resolved in accordance with the procedures of the Department of Labor set forth in 29 CFR Parts 5, 6 and 7. Disputes within the meaning of this clause include disputes between the Contractor (or any of its subcontractors) and the contracting agency, the U.S. Department of Labor, or the employees or their representatives. 10. Certification of Eligibility. (i) By entering into this contract, the Contractor certifies that neither it (nor he or she) nor any person or firm who has an interest in the Contractor's firm is a person or firm ineligible to be awarded Government contracts by virtue of section 3(a) of the Davis-Bacon Act of 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 of 29 CFR 5.12(a)(1). (iii) The penalty for making false statements is prescribed in the US. Criminal Code, 18 U.S.C. 1001. E. Contract Work Hours and Safety Standards 1. Overtime Requirements. No Contractor or subcontractor contracting for any part of the contract work which may require or involve the employment of laborers or mechanics shall require or permit any such laborer or mechanic, including watchmen and guards, in any workweek in which he or she is employed on such work to work in excess of forty hours in such workweek unless such laborer or mechanic receives compensation at a rate not less than TICKETING HALL EXPANSION-ENABLING PROJECT V-11 CONTRACT AGREEMENT PALM SPRINGS INTERNATIONAL AIRPORT BID DOCUMENTS MAY 15,2017 one and one-half times the basic rate of pay for all hours worked in excess of forty hours in such workweek. 2. Violation: Liability for Unpaid Wages: Liquidated Damages. In the event of any violation of the clause set forth in paragraph 1 above, the Contractor or any subcontractor responsible therefore shall be liable for the unpaid wages. In addition, such Contractor and subcontractor shall be liable to the United States(in the case of work done under contract for the District of Columbia or a territory,to such District or to such territory),for liquidated damages. Such liquidated damages shall be computed with respect to each individual laborer or mechanic, including watchmen and guards, employed in violation of the clause set forth in paragraph 1 above, in the sum of $10 for each calendar day on which such individual was required or permitted to work in excess of the standard workweek of forty hours without payment of the overtime wages required by the clause set forth in paragraph 1 above. 3. Withholding for Unpaid Wages and Liquidated Damages. 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 any monies payable on account of work performed by the Contractor or subcontractor under any such contract or any other Federal contract with the same Contractor,or any other Federally-assisted contract subject to the Contract Work Hours and Safety Standards Act, which is held by the same 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 above. 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 Contractor shall be responsible for compliance by any subcontractor or lower tier subcontractor with the clauses set forth in paragraphs 1 through 4. 5. Working Conditions. No contractor or subcontractor may require any laborer or mechanic employed in the performance of any contract to work in surroundings or under working conditions that are unsanitary, hazardous or dangerous to his health or safety as determined under construction safety and health standards (29 CFR Part 1926) issued by the Department of Labor. F. Equal Employment Opportunity Clause For All Construction Contracts and Subcontracts Exceeding 10 000. During the performance of this Contract, the Contractor agrees as follows, except any contracts/subcontracts (or certifications preliminary thereto) with a state or local government or any agency, instrumentality or subdivision of such governments which does not participate in work on or under the Contract or subcontract. 1. The Contractor will not discriminate against any employee or applicant for employment because of race, color, religion, sex, age, 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 or national origin. Such action shall include, but not be limited to the following: employment, upgrading, demotion, or transfer, recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training including apprenticeship. The Contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided setting forth the provisions of this nondiscrimination clause. 2. The Contractor will, in all solicitations or advertisements for employees placed by or on behalf of the Contractor, state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex, age, or national origin. TICKETING HALL EXPANSION-ENABLING PROJECT V-12 CONTRACT AGREEMENT PALM SPRINGS INTERNATIONAL AIRPORT BID DOCUMENTS MAY 15,2017 3. The Contractor will send to each labor union or representative of workers with which he has a collective bargaining agreement or other contract or understanding, a notice to be provided advising the said labor union or workers representatives of the Contractors' commitments under this section, and shall post copies of the notice in conspicuous places available to employees and applicants for employment. Employment, upgrading, demotion, or transfer, recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The Contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided setting forth the provision of this nondiscrimination clause. 4. The Contractor will comply with all provisions of Executive Order 11246 of September 24, 1965, as amended,and of the rules,regulations and relevant orders of the Secretary of Labor. 5. The Contractor will furnish all information and reports required by Executive Order 11246 of September 24, 1965, as amended, and by rules, regulations and others of the Secretary of Labor, or pursuant, thereto, and will permit access to his books, records and accounts by the FAA and the Secretary of Labor for purposes of investigation to ascertain compliance with such rules, regulations and orders. 6. In the event of the Contractor's noncompliance with the nondiscrimination clauses of this Contract or with any of the said 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 or Federally assisted construction contracts in accordance with procedures authorized in Executive Order 11246 of September 24,1965, as amended, or by rule, regulation or order of the Secretary of Labor, or as otherwise provided by Law. 7. The Contractor will include the portion of the sentence immediately preceding paragraph 1 and the provisions of paragraphs 1 through 7 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, as amended, 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, enforcing such provisions, including sanctions for noncompliance; provided, however, that in the event a Contractor becomes involved in, or is threatened with litigation with a subcontractor or Vendor as a result of such direction by the FAA the Contractor may request the United States to enter into such litigation with a subcontractor or Vendor as a result of such direction by the FAA the Contractor may request the United States to enter into such litigation to protect the interests of the United States. 8. Notices to be Posted per Paragraphs (1)and (3) of the EEO Clause —41 CFR Part 60-1.4(b) — (Version 1, 1l5/90). Equal Employment Opportunity is the Law — Discrimination is Prohibited by the Civil Rights Act of 1964 and by Executive Order No. 11246 Title VII of the Civil Rights Act of 1964—Administered by: The Equal Employment Opportunity Commission Prohibits discrimination because of Race, Color, Religion, Sex, or National Origin by Employers with 25 or more Employees, by Labor Organizations with a hiring hall of 25 or more members, by Employment Agencies, and by Joint Labor-Management Committees for Apprenticeship or Training. Any Person who believes he or she has been discriminated against should contact: The Office of Federal Contract Compliance Programs U.S. Department of Labor TICKETING HALL EXPANSION-ENABLING PROJECT V-13 CONTRACT AGREEMENT PALM SPRINGS INTERNATIONAL AIRPORT BID DOCUMENTS MAY 15,2017 Washington, D.C. 20210 G. Disadvantaged Business Enterprises(DBE) Contract Assurance (§26.13) -The contractor or subcontractor shall not discriminate on the basis of race, color, national origin, or sex in the performance of this contract. The contractor shall carry out applicable requirements of 49 CFR Part 26 in the award and administration of DOT assisted contracts. Failure by the contractor to carry out these requirements is a material breach of this contract, which may result in the termination of this contract or such other remedy, as the recipient deems appropriate. Prompt Payment (§26.29) -The contractor agrees to pay each subcontractor under this contract for satisfactory performance of its contract no later than 30 days from the receipt of each payment the contractor receives from the City. The Contractor agrees further to return retainage payments to each subcontractor within 30 days after the subcontractor's work is satisfactorily completed. Any delay or postponement of payment from the above referenced time frame may occur only for good cause following written approval of the City. This clause applies to both DBE and non-DBE subcontractors. 1. Contractor Responsibilities: The Contractor shall agree to the below stated Department of Transportation Policy and Disadvantaged Business Enterprises Obligation and further agree to insert the following clauses a, b, and c in any subcontracts. a. Policy. It is the policy of Palm Springs International Airport to ensure that DBEs, as defined in 49 CFR Part 26, have an equal opportunity to receive and participate in DOT-assisted contracts. It is also our policy: 1. To ensure nondiscrimination in the award and administration of DOT-FAA-AIP assisted contracts: 2. To create a level playing field on which DBE's can compete fairly for DOT-FAA- AIP assisted contracts: 3. To ensure that the DBE Program is narrowly tailored in accordance with applicable law; 4. To ensure that only firms that fully meet 49 CFR Part 26 eligibility standards are permitted to participate as DBE's; 5. To help remove barriers to the participation of DBE's in DOT-FAA-AIP assisted contracts; and 6. To assist the development of firms that can compete successfully in the market place outside the DBE Program. b. DBE Obligation The Contractor, sub recipient or subcontractor shall not discriminate on the basis of race, color, national origin, or sex in the performance of this contract. The contractor shall carry out applicable requirements of 49 CFR Part 26 in the award and administration of DOT-assisted contracts. Failure by the contractor to carry out these requirements is a material breach of this contract,which may result in the termination of this contract or such other remedy as the recipient deems appropriate. The Contractor or subcontractor, by submission of any offer and/or execution of a contract, agrees to include these assurances in all subcontracts. The Contractor shall report quarterly DBE participation as required. C. Compliance. Failure by the Contractor to carry out these requirements is a material breach of this contract, which may result in the termination of this contract or such other remedy as the recipient deems appropriate. 2. Documentation. The Contractor shall keep such records as are necessary to show compliance with the City's DBE Program and, on the request of the City, shall make such TICKETING HALL EXPANSION-ENABLING PROJECT V-14 CONTRACT AGREEMENT PALM SPRINGS INTERNATIONAL AIRPORT BID DOCUMENTS MAY 15,2017 records available on a quarterly basis for review by the City and the FAA. H. Clean Air and Water Pollution Control Requirements for All Construction Contracts and Subcontracts Exceeding $100,000. Contractors agree: 1. That any facility to be used in the performance of the contract or to benefit from the contract is not listed on the Environmental Protection Agency(EPA) list of Violating Facilities. 2. To comply with all the requirements of Section 114 of the Clean Air Act, as amended, 42 U S.C. 1857 et seq. and Section 308 of the Federal Water Pollution Control Act, as amended, 33 U.S.0 1251 et seq. relating to inspection, monitoring, entry, reports, and information, as well as all other requirements specified in Section 114 and Section 308 of the Acts, respectively, and all other regulations and guidelines issued thereunder. 3. That as a condition for award of a contract they will notify the awarding official of the receipt of any communication from the EPA indicating that a facility to be utilized for performance of or benefit from the contract is under consideration to be listed on the EPA List of Violating Facilities. 4. To include or cause to be included in any contract or subcontract which exceeds $100,000 the aforementioned criteria and requirements. 5. Contractor agrees to include all language in Section H. in all subcontracts. I. Bonding Clauses for Construction Contracts and Subcontracts. 1. The Contractor agrees to furnish a performance bond in a form approved by the City for 100 percent of the contract price. This bond is one that is executed in connection with a contract to secure fulfillment of all of the Contractor's obligation under such contract. 2. The Contractor agrees to furnish a payment bond in a form approved by the City for 100 percent of the contract price.This bond is one that is executed in connection with a contract to assure payment as required by law of all persons supplying labor and material in the execution of the work provided for in the Contract. J. Buy American-Steel and Manufactured Products for Construction Contracts(Jan 1991) 1. The Aviation Safety and Capacity Expansion Act of 1990 provides that preference be given to steel and manufactured products produced in the United States when funds are expended pursuant to a grant issued under the Airport Improvement Program.The following terms apply: a. Steel and manufactured products. As used in this clause, steel and manufactured products include (1) steel produced in the United States or (2) a manufactured product produced in the United States, if the cost of its components mined, produced or manufactured in the United States exceeds 60 percent of the cost of all its components and final assembly has taken place in the United States. Components of foreign origin of the same class or kind as the products referred to in subparagraphs (b)(1)or(2)shall be treated as domestic. b. Components. As used in this clause, components means those articles, materials, and supplies incorporated directly into steel and manufactured products. C. Cost of Components. This means the costs for production of the components, exclusive of final assembly labor costs. TICKETING HALL EXPANSION-ENABLING PROJECT V-15 CONTRACT AGREEMENT PALM SPRINGS INTERNATIONAL AIRPORT BID DOCUMENTS MAY 15,2017 2. The Contractor will be required to assure that only domestic steel and manufactured products will be used by the Contractor, subcontractors, materialmen, and suppliers in the performance of this contract, except those a. that the U.S. Department of Transportation has determined, under the Aviation Safety and Capacity Expansion Act of 1990, are not produced in the United States in sufficient and reasonably available quantities and of a satisfactory quality. b. that the U.S. Department of Transportation has determined, under the Aviation Safety and Capacity Expansion Act of 1990, that domestic preference would be inconsistent with the public interest; or C. that inclusion of domestic material will increase the cost of the overall project contract by more than 25 percent. Article 6. The Contractor agrees to accept as his full and only compensation for the performance of all the work required under this Contract such sum or sums of money as may be proper in accordance with the price or prices set forth in the Contractor's Proposal attached hereto and made a part hereof covering all of the items. Article 7. To the extent allowed by law, the Contractor agrees to indemnify, defend and hold harmless the City, from any and all claims and damages to property and injury to persons which may arise both of and during operations under this Contract, whether such operations be by the Contractor or by any subcontractor or anyone directly or indirectly employed by the Contractor or any other employee or person employed or engaged on or about, of in connection with, the construction. Article 8. City Officers and Employees: Non-Discrimination A. Non-liability of City Officers and Employees. No officer or employee of the City shall be personally liable to the Contractor, or any successor-in-interest, in the event of any default or breach by the City or for any amount which may become due to the Contractor or to its successor, or for breach of any obligation of the terms of this Agreement. B. Conflict of Interest. Contractor acknowledges that no officer or employee of the City has or shall have any direct or indirect financial interest in this Agreement nor shall Contractor enter into any agreement of any kind with any such officer or employee during the term of this Agreement and for one year thereafter. Contractor warrants that Contractor has not paid or given, and will not pay or give, any third party any money or other consideration in exchange for obtaining this Agreement C. Covenant Against Discrimination. In connection with its performance under this Agreement, Contractor shall not discriminate against any employee or applicant for employment because of race, religion, color, sex, age, marital status, ancestry, national origin, sexual orientation, gender identity, gender expression, physical or mental disability, or medical condition. Contractor shall ensure that applicants are employed, and that employees are treated during their employment, without regard to their race, religion, color, sex, age, marital status, ancestry, national origin, sexual orientation, gender identity, gender expression, physical or mental disability, or medical condition. Such actions shall include, but not be limited to, the following: employment, upgrading, demotion or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. Contractor shall otherwise fully comply with the provisions of Palm Springs Municipal Code Section 7.09.040 relating to non-discrimination in city contracting. Article 9. Venue and jurisdiction of any action will only be brought in the Indio Superior Court, Riverside County, California. Attorney Fees, Costs, and Expenses of Litigation - If any action at law or in equity is necessary to enforce or interpret the terms of this agreement, each party shall bear its own attorneys' fees, costs and necessary disbursements. Not withstanding the foregoing, if any action is brought against the Contractor or TICKETING HALL EXPANSION-ENABLING PROJECT V-16 CONTRACT AGREEMENT PALM SPRINGS INTERNATIONAL AIRPORT BID DOCUMENTS MAY 15,2017 any subcontractor to enforce a Stop Notice or Notice to Withhold which names the City as a party to said action, the City shall be entitled to reasonable attorneys'fees, costs and necessary disbursements arising out of the defense of such action by the City. The City shall be entitled to deduct its costs for any Stop Notice filed, whether court action is involved or not. Article 10. In the event a Stop Notice or Notice to Withhold is filed, the CITY, at its sole discretion, may, at any time, retain out of any amounts due to the CONTRACTOR, sums sufficient to cover any and all claims filed pursuant to Section 3196 et seq., of the California Civil Code." Article 11. Whenever any provision of the Contract Documents requires the giving of written notice, it shall be deemed to have been validly given if delivered in person to the individual or to a member of the firm or to an officer of the corporation for whom it is intended, or if delivered at or sent by registered or certified mail, postage prepaid, to the last business address known to the giver of the Notice. Article 12. No assignment by a party hereto of any rights under or interests in the Contract Documents will be binding on another party hereto without the written consent of the party sought to be bound; and specifically but without limitation monies that may become due and monies that are due may not be assigned without such consent (except to the extent that the effect of this restriction may be limited by law), and unless specifically stated to the contrary in any written consent to an assignment, no assignment will release or discharge the assignor from any duty or responsibility under the Contract Documents. The total estimated cost for AIP Project No. 3-06-0181-055-2017 and Invitation for Bids(IFB) 18-02,thereof to be dollars($ ). Signature Page Follows TICKETING HALL EXPANSION-ENABLING PROJECT V-17 CONTRACT AGREEMENT PALM SPRINGS INTERNATIONAL AIRPORT BID DOCUMENTS MAY 15,2017 IN WITNESS WHEREOF,the parties have executed and entered into this Agreement as of the date first written above. ATTEST: CITY OF PALM SPRINGS,CALIFORNIA By By City Clerk City Manager APPROVED AS TO FORM: By City Attorney CONTRACTOR:Check One: Individual Partnership Corporation Corporations require two notarized signatures: One from each of the following: A. Chairman of Board, President, or any Vice President: AND B. Secretary, Assistant Secretary, Treasurer, Assistant Treasurer, or Chief Financial Officer. By: By: Name: Name: Title: Title: State of State of County of County Of On before me, On before me, personally appeared personally appeared personally known to me(or proved to personally known to me(or proved to me on the basis of satisfactory evidence) me on the basis of satisfactory evidence) to be the person(s)whose name(s)is/are to be the person(s)whose name(s)is/are subscribed to the within instrument and subscribed to the within instrument and acknowledged to me that he/she/they acknowledged to me that he/she/they executed the same in his/her/their signature(s) executed the same in his/her/their signature(s) on the instrument the person(s),or entity upon on the instrument the person(s),or entity upon behalf of which the person(s)acted, behalf of which the person(s)acted, executed the instrument. executed the instrument. WITNESS my hand and official seal. WITNESS my hand and official seal. Notary Signature: Notary Signature: Notary Seal: Notary Seal: TICKETING HALL EXPANSION-ENABLING PROJECT V-18 CONTRACT AGREEMENT PALM SPRINGS INTERNATIONAL AIRPORT BID DOCUMENTS MAY 15,2017