HomeMy WebLinkAbout12/13/2017 - STAFF REPORTS - 5.D. �PplM s'0
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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
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Marcus L. Fuller, MPA, P.E., P.L.S. Thomas 961an
Assistant City Manager Executive Director, Airport
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David H. Ready, Esq., P
City Manager
Attachments:
A. July 19, 2017, staff report
B. WSP Engineers recommendation letter
C. Contract
04
Attachment A
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'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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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).
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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
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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
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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
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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.
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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
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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
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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.
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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
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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
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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
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