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Home My WebLink AboutA6629 - URS CORPORATION - CONSTRUCTION MGMT RUNWAY REHAB AMENDMENT NO. 4 TO AGREEMENT NO. 6629 — AVIATION CONSULTING SERVICES PALM SPRINGS INTERNATIONAL AIRPORT THIS FOURTH AMENDMENT is made and entered into as of the 19th day of July 2017 (the "effective date") by and between the CITY OF PALM SPRINGS, a Cali- fornia charter city and municipal corporation ("City"), and URS Corporation, a Nevada Corporation, (herein "Consultant') as follows: RECITALS WHEREAS, the City owns and operates Palm Springs International Airport ("Air- port") located in Palm Springs, California for the convenience of the general public. WHEREAS, City and Consultant entered into that certain Consulting Services Agreement No. 6629 for Construction Management Services ("Agreement'), as duly amended from time to time; and WHEREAS, the parties entered into amendments No. 1, No.2, and No. 3 to this Agreement for the purpose of increasing work assignments. NOW, THEREFORE, for good and sufficient consideration, the parties agree as follows: 1. Exhibit "A", Scope of Services, is hereby amended to add the following on-call Consulting Construction Management Services for additional resident profes- sional services during the construction of airfield electrical system upgrades, tax- iway "J" projects and for the rehabilitation of the terminal ticketing wing enabling projects; as described in the proposals from the Consultant, dated July 6, 2017. This project total project cost is $476,871.00 and will be funded under Airport Im- provement Grant AIP 3-06-0181-055-2017. 2. The Amendment No. 4 shall allow a cumulative project sum of URS Corporation services not to exceed $1,304,640.00 for professional services relating to con- struction management services and shall extend the term of this agreement to May 31, 2018. Except as previously modified herein, all other provisions of the Agreement shall remain unmodified in full force and effect. [SIGNATURE PAGE FOLLOWS] URS Corporation Amendment No.4 Palm Springs International Airport IN WITNESS WHEREOF, the Parties have executed this Agreement as of the dates stated below. "CITY" City of Palm Springs Date: David H. Ready, P City Manager APPROVED AS TO FORM: ATTEST I By: By: Edward Z. Kotkin Kathleen D. Hart,MMC City Attorney Interim City Clerk APPROVED BY CITY COUNCIL: Date: Agreement No. ►1Wl/ Corporations require two notarized signatures. One signature must be from Chairman of Board,President,or any Vice President. The second signature must be from the Secretary,Assistant Secretary,Treasurer,Assistant Treasurer,or Chief Financial Officer. CONSULTANT NAME: Check one_Individual_Partnership_Corporation Address By By Signature otarized) Si ature(Not 'zed) 1 7tit/ dofk CALIPDOM ALL-PURPOSE ACIOIOWL.EDr.MENT CIVd CODE§t ts@ A nay public or odwr dker +lf this camEceas verliiee any the i asky of the wv*n nal who ag ned the doaanax is which this artiicate a coached.ad not to to dulnese,sac rscy,or velcky of this docinnart State of rni ) Courlty,off ) On -2l beige me, '`-. and TAU of#0 Officsy `I'd�e. v to me on the of satisfactory owdence to be the person(s) whose nar ne(s) isfare to the within nsbu and acknowledged to me the heratn Mw executed the some in andhuaed cap.aly(m).and that by hizf aAh .aignahrre(s)am the inaLunad the person(a), OF the entity mwwwwklf, eom which the personi[a)acted. cuted the istrunamL " [�t�Ittt$i I OWtify Under PENALTY OF r'//rf�ii,' at the that n �Gi tads the taws is tvrrrF r' Smy igmtae y w offVo Pubfic �l Pace Nfotery Seal Above 7haph this aechan is optionsf canp(ad'etg ffus irabrtnebon an antheraf6eration of the doamierd or k'ardffent rbattaclunad of this faun to an unwdanded ducvanent Description of Attached DGmu nernt Title or Type of Docu nett Docurnerd Data: Number of Pages: Signers) Other Than Named Above: Capecity(iea)Ctaimed by 5iti ner(s) Signer's Name: Signer's Nannw. ❑Corporate Oficer—Tdk*): ❑Ccnparala Officer—Tile(a)- ❑Partner— ❑Limited ❑General ❑Partner— ❑Limited ❑General ❑individual ❑Attorney in Fad ❑Individual ❑Mornay in Fact ❑Tnafte ❑(tuarclan or Coruervator ❑Trustee ❑GL*udm or Conservator ❑Other ❑OBner Signer Is Representing: Signer Is Rep eserBig- WOl4 Naiaml Natory Aosociubm-wwwJ4abmteNolwy-ag-l-NO-U4 NDTARY(1-80Q875 3e2i) tan#6W URS Corporation Amendment No.4 Palm Springs International Airport Exhibit "A" Scope of Services for Construction Management, Inspection, and Testing Services at Palm Springs International - AIP 3-06-0181-055-2017 and Related Work Construction Management, Resident Engineering and Inspection — Provide construction manage- ment, resident engineering, and inspection field representatives to perform job-site construction inspec- tions, monitor and document construction progress and schedules, conformance with airfield operational requirements, and conformance with construction plans and specifications. The Construction Manager shall prepare daily activity reports documenting construction progress, including installation of material; number of workers, their hours and significant conversations, observations, and/or situations that affect the progress of the work. The Construction Manager shall be responsible for informing the Airport's Pro- ject Representative in writing as soon as possible of any defects or deficiencies, delays, contractor's de- viation from the contract documents, and/or contractor's breach of the construction contract. • Prepare and maintain separate logs for project correspondence, payroll information, submittals and shop drawings, RFI's, change proposals, change orders, daily and weekly inspection reports, material quantities and pay estimates. • Take and distribute meeting notes. Provide a draft copy for comment and review within one day. Upon receiving comments, revise meeting notes incorporating applicable comments and chang- es. Distribute electronically via email to the FAA and all attend t' 0-day after receiving comments. ; • Prepare weekly progress reports to the FAA. • Review Contractor's payment requests including reviewpf-c ed Pell r compliance with the Contract Documents. • Review Redlines with Contractor weekly and confirm th Inspections, Punch list, Re-inspection - Within 2 days from t hat each con- struction phase is complete, prepare a punch list and completion s onduct re- inspections as necessary to ensure completion of punch list items. '+ai�nvnn.�+ Final Closeout Report-Prepare the FAA Final Report and closeout documentation for the project and submit to the Airport and FAA upon completion. CONSTRUCTION MANAGEMENT AND INSPECTION DELIVERABLES • Meeting minutes for all meetings conducted. • Project Logs of responses to RFI's, submittals, and change proposal requests. Daily construction activity reports (1 civil, 1 AFL). • Weekly FAA reports. • Change Order forms and documentation. • AC acceptance and control test results. • Punch list and re-inspection reports. • Prevailing Wage final report • Final Closeout Report. The construction duration for the project is expected to continue over 6+ months or approximately 26 weeks.The start date used for calculating the level of effort in the field is August 14, 2017. It is anticipated that the end date for construction will be February 28, 2018. o Airfield Lighting $292,939 o Taxiway J $ 35,619 o Ticketing Enabling Project $148,313 • Total $476,871 AECOMAECOM Technical Services,Inc. 213.593.8100 tel 300 South Grand Avenue 213.593.8730 fax 91h Floor Los Angeles,CA 90071 www.aecom.corn SECRETARY'S CERTIFICATE AECOM TECHNICAL SERVICES, INC. a California corporation I, Preston Hopson, DO HEREBY CERTIFY that I am the duly elected and acting Secretary of AECOM Technical Services, Inc., a corporation organized under the laws of the State of California ("ATS"), and the keeper of its records and corporate seal. I FURTHER CERTIFY that ATS's full legal address is c/o CT Corporation System, 818 West 7`h Street, Los Angeles, CA 90017-0000 and that the Corporation's principal place of business is 300 South Grand Avenue, 91h Floor, Los Angeles, California 90071. I FURTHER CERTIFY that pursuant to the Written Consent of the Board of Directors of ATS, adopted on February 28, 2017, and attached hereto as Exhibit A, James Fillis has signatory authority for ATS and is authorized to execute contracts and other documents on behalf of the company. IN WITNESS WHEREOF, I have subscribed my name and affixed the seal of the Corporation, this I"day of May, 2017. Preston Hopson Secretary UNANIMOUS ACTION OF THE BOARD OF DIRECTORS OF AECOM TECHNICAL SERVICES, INC. The undersigned, being all the members of the Board of Directors of AECOM TECHNICAL SERVICES, INC. (the "Corporation"), a California corporation, hereby take the following action: RESOLVED: That the previous elections of Signatories and Supplemental Signatories of the Corporation dated November 30, 2016, be superseded in its entirety; and RESOLVED: That, in addition to all Senior Vice Presidents and above as set forth in Article IX, Section 16 of the Restated By-Laws as amended, the following U.S. based persons are designated with authority by the Board of Directors to execute contracts and other legal documents on behalf of the Corporation within the boundaries of specific Regions and Business Lines as noted and effective as of the dates set forth below: Effective February 28, 2017: Last Name First Name Region Area/Market Sector` Business Line, Fillis James D. Pacific PM/CM IN TESTIMONY WHEREOF, all the Directors have hereunto set their hands this 281"day of February, 2017. David Gan reston Hopson Timothy Keener URS Corporation Amendment No.4 Palm Springs International Airport Exhibit "A" Scope of Services for Construction Management, Inspection, and Testing Services at Palm Springs International - AIP 3-06-0181-055-2017 and Related Work Construction Management, Resident Engineering and Inspection — Provide construction manage- ment, resident engineering, and inspection field representatives to perform job-site construction inspec- tions, monitor and document construction progress and schedules, conformance with airfield operational requirements, and conformance with construction plans and specifications. The Construction Manager shall prepare daily activity reports documenting construction progress, including installation of material; number of workers, their hours and significant conversations, observations, and/or situations that affect the progress of the work. The Construction Manager shall be responsible for informing the Airport's Pro- ject Representative in writing as soon as possible of any defects or deficiencies, delays, contractor's de- viation from the contract documents, and/or contractor's breach of the construction contract. • Prepare and maintain separate logs for project correspondence, payroll information, submittals and shop drawings, RFI's, change proposals, change orders, daily and weekly inspection reports, material quantities and pay estimates. • Take and distribute meeting notes. Provide a draft copy for comment and review within one day. Upon receiving comments, revise meeting notes incorporating applicable comments and chang- es. Distribute electronically via email to the FAA and all attendees within one day after receiving comments. • Prepare weekly progress reports to the FAA. • Review Contractor's payment requests including review of certified payrolls for compliance with the Contract Documents. • Review Redlines with Contractor weekly and confirm they are current. Inspections, Punch list, Re-inspection - Within 2 days from the Contractors notification that each con- struction phase is complete, prepare a punch list and completion schedule for review. Conduct re- inspections as necessary to ensure completion of punch list items. Final Closeout Report- Prepare the FAA Final Report and closeout documentation for the project and submit to the Airport and FAA upon completion. CONSTRUCTION MANAGEMENT AND INSPECTION DELIVERABLES • Meeting minutes for all meetings conducted. • Project Logs of responses to RFI's, submittals, and change proposal requests. • Daily construction activity reports (1 civil, 1 AFL). • Weekly FAA reports. • Change Order forms and documentation. • AC acceptance and control test results. • Punch list and re-inspection reports. • Prevailing Wage final report • Final Closeout Report. • The construction duration for the project is expected to continue over 6+ months or approximately 26 weeks. The start date used for calculating the level of effort in the field is August 14, 2017. It is anticipated that the end date for construction will be February 28, 2018. o Airfield Lighting $292,939 o Taxiway J $ 35,619 o Ticketing Enabling Project $148,313 • Total $476,871 Feed lnse dor i-AFL Fk Inapeclor 2-AFI (PSP(2017AIrnald Lighting antl EW"riea l Rehahllhation Pere,,l l Pmect F"M.Foolorl-Sr. Fred lmaclu l-Sr. NrpM GNland BNAVAIOSENc NAVAIOa EHp Em,mear Ralrxdl lniumt— Man a Pealdenlf WVE.r. CMVElankal(Talvmel ENaM1IUIE E Orcnlmel GCO/Cniti 5em"AdmNwNm CN ZI Id"'. Pale ]1:9.a1 RNe a¢aa.x1 Rtle Sl@]1 Rale .. ♦•101W REe Rafe 5152.05 .ale a1N.00 R.1 Rele Role ]l n Talale MWn ood I Hours I Carl I HWn Cost HMM GY Xarn CON Hour, Cw HuN CW XWn Cw mount .Nj core I XWn Ged t R ,s ICw Nwn Coal Prdect Manaement,MnnlMy Praress Repere,and Inner M ]10,]E9 fOn 0 30 0 ]0 0 30 0 ]0 �0 SO 0 50 0 a30 0 ]0 0 f0 0 SO dB 510,3i9 Pro,ct Engreereng SO w5 H.533 0 30 0 SD 0 SO 0 ]O 00 SO 0 i0 I 0 I EO 1 0 SO 0 SO 0 K ]3 N,5S3 Camtrdt4xm Mana emeM and Adrnmtrat.n SO SO 0 f0 0 .W 0 SO 0 SO OD SO 0 30 0 30 0 50 0 SO 1M 523.SW X% S23M R.S,d.M Engred.4 and GomtrucOm lrlspecEm SO M 5133.R91 M 5132.Y SO S". 0 50 0 EO a SO 0 SO a SO 0 SO 0 f0 0 W I St®.1410 LHNSUM 2.285 SUSCONSULTANTS iltl OOO'a . L..t .aA AveFAawe reo Lean PlcbrMrk..U. SO SO 50 w Sll IB s3,x19 $ll T10 5103.axa tt $12.aBB SO SS SO SOO Lean PlMandrlw.oCC URS RXnNwaage OOe'a $1.131 CKKSUM M Rev d.m 1 URS Fee Prupteal Amendment NO.4/Fee Prpposal AMENDMENT NO. 3 TO AGREEMENT NO. 6629 — AVIATION CONSULTING SERVICES PALM SPRINGS INTERNATIONAL AIRPORT THIS THIRD AMENDMENT is made and entered into as of the 28th day of March 2016 (the "effective date") by and between the CITY OF PALM SPRINGS, a Cali- fornia charter city and municipal corporation ("City"), and URS Corporation, a Nevada Corporation, (herein "Consultant') as follows: RECITALS WHEREAS, the City owns and operates Palm Springs International Airport ("Air- port") located in Palm Springs, California for the convenience of the general public. WHEREAS, City and Consultant entered into that certain Consulting Services Agreement No. 6629 for Construction Management Services ("Agreement'), as duly amended from time to time; and WHEREAS, the parties entered into amendments No. 1 and No.2 to this Agree- ment for the purpose of increasing work assignments. NOW, THEREFORE, for good and sufficient consideration, the parties agree as follows: The Agreement is hereby amended to add sixty one (61) days to the contract term. The Proposed on-call Engineering Services for resident professional ser- vices for the Runway Rehabilitation Construction Management of Federal Airport Improvement Project AIP No. 3-06-0181-053-2015, as described in the proposal from Consultant dated March 28, 2016, shall be completed no later than May 31, 2016. Except as previously modified herein, all other provisions of the Agreement shall remain unmodified in full force and effect. [SIGNATURE PAGE FOLLOWS] ORIGINAL BID 1 AND/OR AGREEMENT URS Corporation Amendment No. 3, A6629 Palm Springs International Airport IN WITNESS WHEREOF, the Parties have executed this Agreement as of the dates stated below. "CITY" rr 11-- City of Palm Springs Date: •'J ,y By: David H. Ready City Manager APPROVED AS TO FORM: ATTEST By: /"' By: Douglas . Holland, James Thompson, City Attorney City Clerk APPROVED BY MY MANAGER APPROVED BY CITY COUNCIL: r,� �l rv7k Rb�a� Date: Agreement No. Corporations require two notarized signatures. One signature must be from Chairman of Board, President, or any Vice President. The second signature must be from the Secretary,Assistant Secretary,Treasurer,Assistant Treasurer,or Chief Financial Officer. COMPANY NAME: (IRS Co r 00i�'J`f 46�Om 7e,),/n, Cf j �ry r Ce I^ Check one_Individual_Partnership ✓Corporation 1501 yth Avenue. '11/yDa Address SeGfFJet By C C Signature(Notarized) Signa otarized) Carol F. Brandenburg-Smith Associate Vice President 2 Corporate Secretary for URS Corporation Assistant Secretary for AECOM Technical Services, Inc. CMJFOfOKA ALL4WW aE ACK11OInMGMENT CIY4L CODE§tigg A eatery pAft w oaw d kw canpetig Chia conftses verifies a*der idwM of tM iidvidral who aipwd the doannud 0whidr that camficala o ausd ed.ad rat tlasudhh*w&acasscK arvaidiyy of del doc merd. stria ofaeflamea Courrty of y forams,_ c Yf, i Dale tnu ne Tiae o/as Oder personally appeaed of , who proved to me an the basis of antsfectory avtdarwe to be the peraon(s)vAross name(a) Were =Axxxbed to the wdm wwbumerd and admaModgod to me trd haWwvlhey etmaded the same n haAwAtno capaedy(as).and thatby haftwAheiraigwbrre(a)anthe insburnard the peraar(a). or the the parson(a)acted.executed Bu irobunsnL f carbry under PEWLTY OF PEft,3t1RY under the taws q� at OM of the rw peraigaph M1S&Ory rlr a buir and caveat. WRNE&9:my hand sat at"icid U). y ,�y UBLIC _s Aa P rZ t7rrr,`? ZD%gr� a7rbAa WASNING� Pace Notary seat Above DrrADivAt. Though aria secaan a ophorat,rnmpk&W fho xt r"wborr can dater aAarshon of the doarrnxII or fiuucWwd r�of t o fora to an onardanded docwnent.. Dseaipbon of Attadned Docrana t Title or Type of Document Document Data Number of Pages: ftna(s)Other Than Memed Above: CapecdyQeo Clafnud by Signer(a) signers Name: agnere Name: ❑D«ponds Officer—Tai*k ❑Garponde O —T k ❑Patna— 0 Limited ❑General ❑Palmer— 0 Lvnited ❑OwwW ❑h>dvtd M ❑Atbmey in Fad ❑bndnndud ❑Attorney in Fad ❑Tnear e ❑Ouardiah or Conservator ❑Trustee 0 Guardian or Gonamn afor ❑Oaa. ❑Osier Signor Is Repraeen6rg Signer Is Repreaenfing_ 0igf4 Na4ond Nday Aasaciaiom-www.NabonsNotwyarg•l4M4M NOTARY(1-9og-eTe-=?) Rwn$NU ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness,accuracy, or validity of that document. State of California Placer County of On J�NOAYA�I M(� before me, 10m 3 Nelson Notary Public (insert name and title of the officer) personally appeared 6aroIii -Fy-)cd4 r-4N IJw(- - SMr+ who proved to me on the basis of satisfactory evidence to bdRhe rsontri whose name is/a), subscribed to the within instrument and acknowledged to me that /she/thi executed the same in h7s/ITerRhr authorized capacity(�g), and that by ITfher/thA�r signature({on the instrument the person or the entity upon behalf of which the personN acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of Califomis that the foregoing paragraph is true and correct. WITNESS my hand and official seal. KIM J. NELSONR ; COMM.Y 2134600 NOTARY P RUC-CALIFORNIAQ OLACER COUNTY O COMM.EXPIRES NOV.21,2015 Signature (Seat) PROPOSAL March 28, 2016 Um15014'Avenue,Suite 1400 Seattle,Washington 98101-3655 Tel:206-438-2700 Fax:866-495-5288 March 28,2016 Attention: Mr.Mark Jucht Subject: Projects Construction Management and Inspection Services for Runway 13R-31L Rehabilitation and Related Work Request for additional time for Project Close Out Dear Mr.Jucht: Project Construction Management and Inspection Services for Runway 13R-311.Rehabilitation and Related Work is forecasted to be completed with the remaining budget to URS for our contracted scope of work, however additional time is requested to complete the administrative close out activities. These activities include: • Final Construction Close Out Report • Collection and Verification of Certified Payrolls • Confirmation of Final Payment to Subcontractors • Other Administrative Support related to Contract Close out We expect these activities to be completed by May 31, 2016 and request our contract be extended from March 31,2016 to May 31, 2016. Since y ichael Horton Business Unit Leader URS Seattle Cc: Brian Sweet John Martin 1 � ? age AMENDMENT NO. 2 TO AGREEMENT NO. 6629—AVIATION CONSULTING SERVICES PALM SPRINGS INTERNATIONAL AIRPORT SEc A_ THIS FHRST AMENDMENT is made and entered into as of the 21st day of De- cember, 2015 (the "effective date") by and between the CITY OF PALM SPRINGS, a California charter city and municipal corporation ("City"), and URS Corporation, a Neva- da Corporation, (herein "Consultant') as follows: RECITALS WHEREAS, the City owns and operates Palm Springs International Airport ("Air- port') located in Palm Springs, California for the convenience of the general public. WHEREAS, City and Consultant entered into that certain Consulting Services Agreement No. 6629 for Construction Management Services ("Agreement'), as duly amended from time to time; and WHEREAS, the parties wish to amend the Agreement to increase work assign- ments. NOW, THEREFORE, for good and sufficient consideration, the parties agree as follows: 1. Exhibit "A°, Scope of Services, is hereby amended to add the following on-call Engineering Services for additional resident professional services for the Runway Rehabilitation Construction Management of Federal Airport Improvement Project AIP No. 3-06-0181-053-2015, as described in the proposal from Consultant dat- ed December 6, 2015. Task 2 - Runway Rehabilitation Special Testing $31,801.00 2. The agreement shall allow a total project sum up to $827,769.00 for professional services relating to the construction management and Task 2 special testing. Except as previously modified herein, all other provisions of the Agreement shall remain unmodified in full force and effect. [SIGNATURE PAGE FOLLOWS) 1 ORIGINAL BID AND/OR AGREEMENT URS Corporation Amendment No. 2,A6629 Palm Springs International Airport IN WITNESS WHEREOF,the Parties have executed this Agreement as of the dates stated below. "CITY" City of Palm Springs Date: X � � B David H. Ready City Manager APPROVED AS TO FORM: ATTEST By: Dougl C. Holland, James Thompson, City A tcrney City Clerk APPROVED BY CITY MANAGER APPROVED BY CITY COUNCIL: Date: Agreement No. Corporations require two notarized signatures. One signature must be from Chairman of Board, President,or any Vice President. The second signature must be from the Secretary,Assistant Secretary,Treasurer,Assistant Treasurer,or Chief Financial Officer. COMPANY NAME: Q�t K S C,�to—rPO�c'-J-(C-Yl/ AE C.oM i-ech n C I aj l u'Si -TrK',Checkone_Individual_Partnership_YCorporation /5o! 4-'' Ayerlu'e 4,L i o Address �cr_Y�ie W� q idol Signature(Notarized) �-' ignajure-� aed) - Sell CALtuMIAA ALL40IMUMM CM&COME li 6 A every pill or adw afcur ti vier•vdOO dy to direly at to sdwdd vto vqd do domrae wmichtma wiftwo m OOdmd ud uOOfrgaliiie,amrgt ar vafdgddrdoweamL sir.arrbf LA) Caudyd kb - N9�St� am 1 ?Z- bdr.rOO. ae. JAnn� t't�n`.,�'".b TAW dt..QlAa., Nwa(atl d sviertw who paved to um an Go bars of subdadcy egiheuroe to be the preryy whoes rw WIND =A meubmd to the wdh n irbunrt rd rJoowdgulpad to rra bat hs/alaAhey em muted the Wen e n hmfimrAhw.ao®d eapeeiy@mp mid Met byh'odmritlab vgpm hwwM m 9a ndramrdthepaueori(sf, ar the wwW upon bdaf of eNch to punio(14 schmL ro mcded the brbu writ I aarbiy under PBMLTY OF PERAIRY uedw tre here d fa etch of CoMbnea thr th Torepdhp purrgpaph MWY PVbk ibw and d $we 6f WUNRO 6 an alfi WOOL My AMMb W Ellp m Oct 29.2917 srpuheme Swudu.ofNalmy hlbfc Hoe Mah"sea Above OFlAodM Though hie Wouf"i M. r ocrrpifrp NA nherwaim over,duterefmafcn din docwer d or inudmbut usdeclmrwd of fNs firm to an uuidoded doc rnrd DOOapim of ltdbedmad T Do , dle or ofOaar.mwd o.eK---y Number of sYwtA Obw The Normal Above: Cyecity wif Claimed by Signer" ❑Cuprabg Own-—TOMI* 0Campra%06ow—Tbo(* ❑Pwbw— ❑Lim- O 0vinral ❑Pma un— C)Limuihd Cl OrwWl ❑budridrl ❑Atlonay it Fact ❑babwdud ❑Atbnwin Fed ❑Tnrbm ❑clwdwu ar Ccaovrmr ❑Trudge ❑Ouwdrm or Oecraaervator ❑Ohm ❑Ohm flew In REP-8-I W aPw is RWpwr6mW 02M4Ngb WNdwyAro>imo'na Adnm Nolryap'l4OG11BNCTAIK(14KD4764BM MWOS 0T URS December 6, 2015 Attention: Mr. Mark Jucht Subject: REQUEST FOR SUPPLEMENTAL AGREEMENT#02 CONSTRUCTION MANAGEMENT AND INSPECTION SERVICES FOR RUNWAY 13R-31L REHABILITATION AND RELATED WORK Dear Mr.Jucht: The purpose of this correspondence is to summarize the current budget status of the contract for Construction Management and Inspection Services (CM) associated with Palm Springs Airport's (PSP) Runway 13R-31L Rehabilitation and Related Work Project (the Project) and to request additional CM budget to cover the costs associated with materials testing performed by the CM Team. Per Supplemental Agreement (SA) #01, URS subcontracted MTGL, Inc. to perform materials testing for P-401 Asphalt Concrete Surface Pavement. The agreed to Level-of-Effort in SA#01 for MTGL was estimated at 400 hours of straight time for approximately 34 days of paving (10 hrs/day), participation in two paving plan meetings, and associated project coordination (security/badging and weekly progress meetings). These assumptions were based on the Contractor's baseline construction schedule and detailed paving plan including paving one test section. The Contractor completed three test sections before meeting the Project's Test Section Acceptance Criteria. The Contractor utilized 40 paving days to complete all P-401 paving operations. In addition, each day of paving extended well beyond the anticipated 10 hrs/day. As informed by MTGL, they are required to pay Overtime (OT) at 1.5 times the rate of employee for working beyond 8 hrs/day and all day on Saturday and Double Time (DT) at 2.0 times the rate of employees for working beyond 12 hrs/day. Attached is spreadsheet breaking down the hours that MTGL provided a materials testing technician including the pay type. The current contract value, including the Original Agreement and Supplemental Agreement #01, is $795,968. Based on the information provided, URS requests that PSP approve Supplemental Agreement#02 for$31,801 resulting in a revised contract value of$827,769. Please see the attached LOE and summary of supplemental agreements. Since the Contractor is still actively working and has yet to achieve Substantial Completion, URS is requesting that the Contract be extended through 31- Mar to complete the Closeout Report and reconciliation of As-Built Plans with the Contractor. 110 &v We appreciate your time and consideration in evaluating the proposed Supplemental Agreement #01. If you have any questions or concerns, please do not hesitate to contact me with any questions or concerns. Sincerely, Peter Walker URS Project Manager § \ ! r © .. •; .... . . ,. �! ..... , . .,. ..! � �! \} .1 !! .. 222252 Pi ! |! .,. ,,,5 5, � !! ..... . . , , |! ,. | . |! !! ..... • | ! . | .. . ! . . ! ! � ) ; ! ) { ) \ } ! ! •! ; l , ; . l �.. � • ;•;. � ? % 4w$I Palm Springs Airport QA Testing Budget Description Hours Rate i Amount ]TD Hours Plant Inspection—Inspection Supervisor 400 95.00 38000.00 227.00 Plant Inspection—Inspection Supervisor Ovt 0 142.50 0.00 109.00 Plant Inspection—Inspection Supervisor Dt 0 190.00 0.00 46.00 Plant Inspection 0 95.00 0.00 96.00 Plant Inspection Ovt 0 142.50 0.00 25.50 Plant Inspection Dt 0 190.00 0.00 14.00 Travel 1 01 95.00 0.00 90.00 01 38000.00 607.50 Hours Per Inspector 3TD Total Cortez Posadas Gonzales 21565.00 45.5 181.5 15532.50 16.0 93.0 8740.00 12.0 34.0 9120.00 96.0 3633.75 25.5 2660.00 14.0 8550.001 12.0 50.0 28.0 6%01.25 Geotechnical Engineering Construction Inspection Materials Testing Environmental Central Dispatch (800)491-2990 URS Corporation/AECOM September 29, 2015 15014T"Ave,Suite 1400 Office Locations Seattle,WA 98101 Corporate Branch Orange County Attn: Peter Walker 2992 E. La Palma, Suite A RE: Requested Budget Increase#1 Anaheim,Ca 92806 Palm Springs Airport CA Testing Tel: 800 491-2990 Cas:714632.2974 MTGL is requesting an amendment to increase their consultant agreement budget, Branch Offices This budgetary increase request is to inform URS Corporation/AECOM that our budget has been Indlo exceeded by$31,801.25 The schedule was accelerated to complete the needed QA testing on time, MTGUs staff was required to work Overtime and Double time and additional personnel was Los Angeles/ added to meet the accelerated schedule. The attached spreadsheet shows the hours MTGL Ventura County performed Overtime and Double Time inspections. San Bernardino I The updated contract summary is as follows: Riverside San Diego/ AECOM Authorized Order#budget amount $38,000.00 Imperial counties Request for Increase based on accelerated schedule $31,801.25 Total Amount required to MTGL $69,801.25 Certifying Agencies As you know,services provided by MTGL are provided on an on-call time and materials basis. The Dime of California U.5 1 proposal provided at the start of a project is intended for preliminary budgeting purposes only. OWN) The costs of our services are directly Impacted by the contractors performing the work, the American Assoc.of schedule of said work and the means and methods of conducting the work make it impossible to state Ilighenys Cal Trfi ns accurately determine the total fees for our services. MTGL proposals are based on efficient and COAL typical methods of construction, not worst case scenarios and non-typical times to complete. Cement&Concrete Reference Based on MTGUs experience with other projects, we can estimate the amount of inspections Laboralory based on typical inspections for the size of the project and services required. Los Angeles LA County MTGL values your business and being over budget is never our intention. Each of these issues as LA City NITA identified above was communicated to the Airport Civil &Geotechnical Engineer Abhijit Bathe as Orange Comity they happened. We make every effort to assure that every client gets a quality product. We rnangecoanly appreciate your business and welcome the opportunity to discuss any concerns you have with Environmental Alanageaent Agency MTGL. We are committed to delivering the best services to you our client at all times. Sat Diego Sat Diego city Regards, Son Diego Coanly SD Water Authority Inland Empire Sean Fischer City or y ofItiverl Senior Project Manager CoanY of RirersiAc Engineering and CM Fee for Runway 13R-31L Rehabilitation and Related Work ' UR.S Supplemental Agreements Original #2 Total Contract #1(D4Jun15) (060ec15) #3(NA) Authorized CM,ADMIN,INSPECTION,AND ACCEPTANCE TESTING PSP RW 13R-31 L Construction Management,Administration,Resident Engineer,and Ins ction Services $445,210 $1,040 $0 $0 $446,250 Constmcdon Mana amen[ utxonsullenb Lean Photometn.(NAVAIDSIFAA Coord.and Airfield Eleanr l) $176,388 $0 $D $0 $176,388 MTGL,Inc. $0 $38,000 $31,801 $0 $69,801 Geometnw En ineenng $0 $0 $0 $0 $0 Subtotal:CM Subconsultanta $176,388 $38,000 $31,801 $0 $246,189 Subtotal:Reimbumable ODC's $135,330 $0 $0 $0 $135,330 TOTAL:CONSTRUCTION MANAGEMENT AND INSPECTION $756,928 $39,040 $31,801 $o $827,769 TOTAL FEE $766,928 $39,040 $0 $0 $827.769 Revision 1 02 PSP 13R-31 L_LOE_SA#02_Rev (Summary 12ffiW5 Page 1 M1 AMENDMENT NO. 1 TO AGREEMENT NO. 6629—AVIATION CONSULTING SERVICES PALM SPRINGS INTERNATIONAL AIRPORT THIS FIRST AMENDMENT is made and entered into as of the 8th day of June, 2015 (the "effective date") by and between the CITY OF PALM SPRINGS, a California charter city and municipal corporation ("City"), and URS Corporation, a Nevada Corpo- ration, (herein "Consultant") as follows: RECITALS WHEREAS, the City owns and operates Palm Springs International Airport ("Air- port") located in Palm Springs, California for the convenience of the general public. WHEREAS, City and Consultant entered into that certain Consulting Services Agreement No. 6629 for Construction Management Services ("Agreement"), as duly amended from time to time; and WHEREAS, the parties wish to amend the Agreement to increase work assign- ments. NOW, THEREFORE, for good and sufficient consideration, the parties agree as follows: 1. Exhibit "A", Scope of Services, is hereby amended to add the following on-call Engineering Services for additional resident professional services for the Runway Rehabilitation Construction Management of Federal Airport Improvement Project AIP No. 3-06-0181-053-2015, as described in the proposal from Consultant dat- ed June 4, 2015. Task 1 - Runway Rehabilitation Special Testing $39,040.00 2. The agreement shall allow a total project sum up to $795,968.00 for professional services relating to the construction management and Task 1special testing. Except as previously modified herein, all other provisions of the Agreement shall remain unmodified in full force and effect. [SIGNATURE PAGE FOLLOWS] i ORIGINAL BID AND/OR AGREEMENT URS Corporation Amendment No. 1 Palm Springs International Airport IN WITNESS WHEREOF,the Parties have executed this Agreement as of the dates stated below. "CITY" City of Palm Springs Date: 64 •?O L I - By: David H.Read City Manager APPROVED BY CITY MANAGER APPROVED AS TO FORM: ATTEST tl� J'd By: By: �," ^�— Dougla C. Holland, James Thompson, City Attorney City Clerk APPROVED BY CITY COUNCIL: Date: Agreement No. Corporations require two notarized signatures. One signature must be from Chairman of Board, President, or any Vice President. The second signature must be from the Secretary,Assistant Secretary,Treasurer,Assistant Treasurer,or Chief Financial Officer. COMPANY NAME: NzS Co'DOrc-O"% Check one_Individual_Partnership Corporation 1 Sb 1 i-jrt^ r Address t 4 CiS1Ol t By� By Signatu (Noarized) re iNotarized) 3 b ° 13 Hit • b s � ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached,and not the truthfulness,accuracy, or validity of that document. State of California Placer County of ) On Ta r)e, q�rj before me, Sharon Nelson r— (insert name and title of the officer) personally appeared lid-Vai r ' who proved to me on the basis of satisfactory evidence to bet a whose name arc su bed to the within instrument and acknowledge me thatsh executed the same in er heiFauthorized capacity(iae►,and that b er heiF-signature(4on the instrument the pe (,,U or the entity upon behalf of which the person(s)acted,executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of Cal'domia that the foregoing paragraph is true and correct. r SHARON NELSON U ` COMM.#1967183 UB asa NOTARY PLIC-CALIFORNIAQ WITNESS my hand and official seal. = PLACER COUNTY 0 ,COMM.EXPIRES FEB.18,2016'' Sig a (Seal) II Contract Amendment #01 for Construction Management, Inspection, Engineering and Testing Services For Rehabilitate Runway 13R-31L and Related Work At Palm Springs International Airport (PSP) Sponsored by: City of Palm Springs Palm Springs, CA Prepared by: Corporation Rev_00:June 4,2016 I Carrtxacrr"Nm ,r ,IN CON9IRDCRON MANADENENr,INBPECi10M,r:haxewxD,ANO TesnnD SENVKE4 FDA REHAaurAMRuwAY 13R-21LAND RiAr WbU I INTRODUCTION This scope of services(Scope)for Contract Amendment#01 outlines the additional tasks proposed by URS Corporation(URS)to assist the City of Palm Springs(the City)and Palm Springs International Airport(PSP) with Construction Management, Inspection, Engineering,and Testing Services associated with the Rehabilitate Runway 13R-31 L and Related Work Project(the Project).The purpose of Contract Amendment #01 is to add Quality Assurance Testing associated with Bid Item'Bituminous Course'(P-401)to the Original Scope of Services for the Construction Management, Inspection, Engineering, and Testing Services dated October 28, 2015. The following Scope Items shall be included as part of the Materials Testing Program for PA01. I Project Management—Provide project management functions to successfully execute the work.Activities in the following: • Manage subconsultants for the Materials Testing. • Review materials testing results. • Process and submit subconsultant invoices. -j • Coordinate contract activity with the Airport's Contract Administrator. I Project Engineering—No additional Project Engineering activities associated with this task are necessary for executing the Materials Testing Program. Construction Management, Resident Engineering and Inspection—No additional Construction Management, Resident Engineering and Inspection activities associated with this task are necessary for executing the Materials Testing Program. i Inspections, Punch list, Rednspection—No additional Inspections, Punch List,and Re4nspection activities associated with this task are necessary for executing the Materials Testing Program. Preparation of Record Drawings (by others)—No additional activities associated with the Preparation of Record Drawings are necessary for executing the Materials Testing Program. Final Closeout Report—No additional activities associated with the Preparation of Record Drawings are necessary for executing the Materials Testing Program. j Materials Testing Program—Provide Plant Inspector(s)accredited in accordance with ASTM 3666 to perform the required sampling and testing for Quality Assurance purposes in accordance with construction plans and specifications. The Materials Testing Program will consist of the following elements: • The testing facilities and equipment will be provided by others as described in the contract documents. • The Plan Inspector will participate in two(2)Paving Plan Meetings(JMF and Laydown Plan). • The Quality Control and Acceptance Testing will be performed by the Contractor in accordance with the contract documents. The Quality Assurance Testing will be performed by a subconsultant(MTGL Inc.)to URS. The laboratory Quality Assurance Testing includes sampling and testing for the following parameters: Air Voids,VMA,Stability,Thickness, Flow, Mat Density,and Joint Density. CONSTRUCTION MMAGEMENT AND INSPECTION DELIVERABLES—Provide the following deliverables as part Of the Materials Testing Program in addition to the previously scoped Construction Management and Inspection Deliverables: • Daily Lab Reports describing the results from all Quality Assurance Sampling and Testing. • PWL Calculations for each lot. •• .Paving Logs. Um 2 of 3 Rev 00:June 1,2015 i I I Geotechnical Engineering u Construction Inspection Materials Testing Environmental Central Dispatch (800) 491-29.90 Servicing- Los Angeles, Orange, Ventura, San Diego, "Providing Value in ualit - Control" Imperial, Riverside and San Bernardino Counties � JM I h1 µ 4 i y {T i & gn.� v .. Presented By: Bey Mr. Steven Koch ;w z Senior Vice President 14467 Meridian Parkway, BLDG 2A Riverside, CA 92518 Office: (800) 491 2990 Email: skochCaimtgjnc.com AW F * l "moo, i i Geotechnical Engineering Construction Inspection 'diiiiiiiiii.11 Q iAl Materials Testing Environmental "Providing Value in Quality Control" I June 4,2015 Branch office AECOM P-15-356.R Riverside Attrt;Peter Walker 14467 Meridian Pkwy RE: Proposal for Plant Inspection Building 2A PSP-P-401 QA Testing Runway 1311-311,Palm Springs International Airport-Palm Springs,CA Riverside,Ca 92518 MTGL Inc.is a DBE,Small Business certified for ASTM,Cal Trans and HMA materials testing Tel: 800 491-2990 and will provide service on a time and materials basis as required. Fax:951 653-4666 MTGL will provide a plant inspector to perform the required sampling and testing according to the i specifications.The Requirements for all plants include: Office Locations b. Testing facilities. The Contractor shall ensure laboratory facilities are provided at the plant for the use of the acceptance testing and contractor quality control testing. The lab shall • radio have sufficient space and equipment so that both testing representatives (Engineer's and • Orange/LA Contractor's) can operate efficiently. The lab shall meet the requirements of ASTM County D3666 including all necessary equipment, materials, calibrations, current reference standards to comply with the specifications and a masonry saw with diamond blade for • Los Angeles! trimming pavement cores and samples. Ventura County c.Inspection of plant.The Engineer,or Engineer's authorized representative,shall have • San Diego I access, at all times,to all areas of the plant for checking adequacy of equipment; inspecting Imperial Counties operation of the plant:verifying weights,proportions,and material properties; and checking the temperatures maintained in the preparation of the mixtures. Certit'vine Agencies FIELD INSPECTION/TESTING State of California 400 Hours Plant Inspection—Inspection Supervisor $95.00 Hour$ 38,000.00 D.S A OSHPD Portal to Portal form the Riverside Office—2 hours/day American Acme.of Services will be scheduled b the on-site representative with a 48 hour notice. State Highways y ceCICT�w These prices will remain in effect for 90 days from the date of this proposal. 1Cement i ren j,borarooy We look forward to working with you on this project. MTGL,Inc. Inland Empire City of t I County oP RiversiRiverri de K/ / CLIENT: I.os At o.tea LA County LA City BY: MTA Steven Koch orange County Senior Vice President TITLE: Orange County Environmental DATE: Management Agency San Diego San Diego City San Die"County SD Water Authority I I los Anedn Coartty One we Gehy Plaza a13922.2ooa Tel Metropolitan Transporm4en Authority Ws Anii CA goo-za9Sa metro.ncl Metro CALIFORNIA UNIFIED CERTIFICATION PROGRAM 1 October 10.2012 CUCP A39843 Metro FAO X ff" I Marianne Siama MTGL Inc. 2992 E.La Palma Ave.Suite A Anaheim,CA 92M RE: Disadvantaged Business Enterprise Cartlftcation Dear Ms.Sierra: We are pleased to advise you that attar careful review of your application and supporting documentation,the Los Angeles County Metropolitan Transportation Authority(Metro)has determined that your firm meets the eligibility standards to be certified as a Disadvantaged Business Enterprise(OBE)as required under the U.S.❑epartment of Transportation(U.S.DOT)Regulation 49 CFR Part 26,as amended. Tons certification will be recognized by all of the U.S. DOT recipients in Callfomla. Your 0nn will be listed In the California Unified Certification Program (CUCP)database of certlfiad DBEs under the following specific areas of expertise that you have identified on the "CS codes form of the applcation package: NAICS 120071Onscrilattlan Sias Standard 541380 Testing Laboratories $14 million 541820 Environmental Consclig Services $14 million j Your DBE aetification applies only for the above codes. You may review your firm's Information in the CUCP DSE database which can be accessed at the CUCP webslte at 1 AM. Any additions and revision must be submitted to Metro for review and approval. In order to assure confinuing DBE status,you must submit annually a No Change Declaration form(which v40 be sent to you)with supporting documentation. Based on your annual submleslon that no change in rnmershlp and control has occurred, or If changes have occurred, they do not affect your firm's DBE standing, the DBE certification of your firm will contirwe until or unless it is removed by our agency. Also,should any changes o=r that could affect your certification status prior to receipt of the DBE Dedarabon, such as changes in your firma name,bushess/rmailing address,ownership,management or control,or failure to meet the applicable business size standards or personal net worth standard,pease notify Metro immediately. Metro reserves the right to wi0draw this caNfkxtiort If at any time it is determined that it was knowingly obtained by false, misleading,or Incorrect Information.Your DBE cereflcatlon is subject to review at any time. The firth thereby consents M the examination of Its books,mcoMs and documents by Metro. Congratulations, and thank you for your Interest In the DBE program. I wish you every business success and should you have any questions, please confect us at 213-922-2800. For information on Metro contracting opportunities,please visa our webs0e at www.matrunial. Sincerely, hey wong Certification Represented" Diversity 3 Economic Opportunity Deportment s,w eiw,,.s ca W otla..von oie c,vsr aura,err Smp aesa.w a y,k,a G f cot szlS{ n.nswzm r.onraasxW I ® Los Angeles County One Angeles, A90Plaza 11ammet Tel Metropolitan Transponadon Authority Los Angeles,CA goolzagsz metre.net Metro October 16,2012 Metro Ale It 1199 Marianne Sierra MTGL Inc. j 2992 E. La Palma Ave.Suite A Anaheim,CA 92806 Re: Small Business Enterprise Certification Dear Ms.Sierra: We are pleased to advise you that after careful review of your application and supporting documentation,the Los Angeles County Metropolitan Transportation Authority(Metro)has determined that your firm meats the eligibility standards to be certified as a Small Business Enterprise (SBE)as required under the Metro SBE Program. Your firm will be listed in the Metro SBE database of certified SBEs under the following specific areas of expertise: NAICS f2007) Deacrtotion Size Standard 541380 Testing Laboratories $14 million 541020 Environmental Consulting Services $14 million Your SBE certification is good for five years from the date of this letter and applies only for the above NAICS 2007 codes. Requests for additional or revised NAICS 2007 codes must be made in writing to i - Metro. After the five-year certification period, your entire file will be reviewed in order to ascertain continued SBE certification status. You will be notified of the pending SBE status review and any documentation updates necessary prior to the expiration date. Should any changes occur that could affect your certification status,such as changes in your firms name,busineWmailing address,ownership, management or control,or failure to meet the applicable business size standards or personal net worth standard, please notify Metro immediately. SSE certification is subject to review at any time. i Metro reserved the right to withdraw this certification if at any time It Is determined that certifs'ation was knowingly obtained by false, misleading, or incorrect Information. Metro also reserves the right to request additional Information and/or conduct on-she visits at any time during the certification period. The firm thereby consents to the examination of its books,records,and documents by the Metro. Congratulations,and thank you for your interest in Metro's SBE Program. I wish you every business success and should you have any questions, please contact us at 213-922-2600. For Information an Metro contracting opportunities,please visit our webaite at www,metro.nat 81ncerel** s�^'Sfi"ley Wong Certification Representative Diversity 8 Economic Opportunity Department C'ppsw N9wr6podLrM1a�uAa.Wu WYC�IIFlG'YR�CNYRiN.AYgNMMrrYSWftn.LCYYie uul] Swa0 QItle a,qe.,A ". ''.. Qw GYp r�MA rm assaa,as G9ra1bfi inc ZnBrzxrm Fm Silnilire I' BS>TeCO�CAM y gag,yarp$pOaTRT liMaei0116eOaaE 5atxm6A awy,a.exaror j &PAR ME OF MAWMATHM ummos-Mawaexe�gI��aasag wW.Foarar saver a°11`ieer saa rrs'Ofte0.CA 924M4400 ,C.4LTRANS QUALOUD LARO-RATCRY 11.1SPW1YON RUOR7 F nTiA113eSeuaomIA.0140 $Kpiratiardaw: Ja�i� 19 2015 lnspe06onby:Johan.warrict 1A No.: 57 p}pne (iz+4'279 8730 Pik, MWd8la 500 Lalwretory M T CxL hrc. RuSPNM Address: 299 R LaPalmsAve. StatusA City: Anaheioi SUM! SA Zlp: 42ti06 Lab Managan 1=0 Chest -ate: kol oromrslinc com ttwne li: k4 d23-2999 x2111 Fax l: Id 632.2974 A mAd d EaWepmdmrs AWZame GA)Sampler and Tester viSW&'a 10'7 on Aely 17,2014_02iY eguipmeot to be MW on Calt+,am 001u6uedoo Pwjccl'ea&or 1rXW coosutr0doa peojeas an the Natiotmd Highway SYsmm Proles was chocked fea qua 6OW'on. At the time amahrm Wi6ca6m.this laboratory had all:seoeavary Wits mm ra Pmform the. testa mahafis Meow below.Tesdng pe mawl shah be Caitras Qua Wwd and possess a w+ianl Caltra w Cmagome of ptofidl y Foam TL.01'€t preor to Performing MW SmPft of to bW CT 105 CT 106 CT 125 CT201 CT 202 CT UN CT 205 CT206 CT 207 CT 213 CT 216 CT 217 Cf 226 CT 227 Cf 229 CT 231 Cf234 CT 235 CT 301 CT 304 CT 308 cT 309 Cr 366 CT 367 CP 370 CT 371 CT 375 CT 3a2 CT 304 CT 518 Cf 521 CT 523 CT$24 Cr 5" Cr W CT 543 Cr352 CT 6% C1'557 LP-1 LP-2 LP-3 L24 LP4 LP.6 LF-7 A visesd chsck wise performed and documents provided as awwsary for the fellow i%iWma: Feaikity�fY Aiamal L60 may Procedum Tarsal Laboratory Quaq Coutrw Msmm1 Proper Twt Egaipmwa cop*ofcorrem tpPllG"tow,ptoeedum CaGbiratimnum and Service m amaxed tiot Ca![8sation/9eevfce stickers eyed to roar egaipmerrt Laberotoe7 QuaOtfloaiiva is vstld?or�e y¢aer Oa MY 17,2014 dda laboratory eves gtWi&d by: Jo1m D.BTaeriC& 12,I�EAaem> y < M $V I L x i I 1 I "Providing Value in Quality Control" I Geotechnical, Materials Testing and Special Inspection Services Presented by Steven Koch for. MTGL. Inc. Engineering and CM Fee to Construct RSA Improvements-South Field Val Supplemental Agreements i Original 02 TOMI Contrect 81(04JuM5)I (NA) w3(MA) Amhonred CM ADMIN.INSPECTION,AND ACCEPTANCE TESTING PSP RW 13R-311. Construction Management,Administration,Resident En Inw,end Ins 'on Services $445,210 41.040 $0 $0 $446,250 Lean Photamatnm NAVAIDSIFAA Coed.and AlmeM EWcbic0 $176.388 $0 $0 $0 $176,388 MrGL,Ina $0 $38,000 $0 $0 $38,000 Geonwbim En nemin $o so $0 $0 $o Suatmak CM Subeon"Hants $176,388 $38 000 $0 $0 $214,388 Subidak RaimbumWe ODC's $135,330 $0 $0 $0 $135,330 TOTAL:CONSTRUCTION MANAGEMENT AND INSPECTION $758,928 $39040 $0 $0 $796968 TOTAL FEE $766,928 939,040 $0 $0 796,968 ReNabnl PSP iM41L SupPlammlal Agnemanl ei Rama I Summary a/42m$ Page 1 M1 � � . I � I . 1 ) ) ~ }{ } fox ON � \ � 2 .R Ogg Is Is d| | > ( ) oil ` Q| . } /^\ iOtt q \ � Is To on 1dl )/^\ O Q/ | , | ` � Ili-, � ! § � A ( I Sao asosse ------ ----7- 0 gas, assust '77, 4 TIM N ESSSS34 a p as 22ma as mass H 1-H III I '91.,INSSO gas 7 ---- - ----- PROFESSIONAL SERVICES AGREEMENT As-Needed Aviation Consulting Services Palm Springs International Airport THIS PROFESSIONAL SERVICES AGREEMENT ("Agreement") is entered into, and effective on November 19, 2014, between the CITY OF PALM SPRINGS, a California charter city and municipal corporation, ("City")and URS Corporation, a Nevada Corporation ("Consultant"). City and Consultant are individually referred to as "Party" and are collectively referred to as the"Parties". RECITALS A. City has determined that there is a need for general, non-exclusive, as-needed Aviation Consulting Services inclusive of Construction Phase Management Services, and other Aviation Consulting Services, including without limitation the Scope of Services described in the Attachment A to this agreement, dated October 28, 2014, (collectively the "Aviation Consulting Services") as may be required from time to time for the Palm Springs International Airport ("Project"). B. Consultant has submitted to City signed, original proposal submitted to the City ("Consultant's Proposal") to provide the Aviation Consulting Services to City for the Project under the terms of this Agreement. Consultant is ready, willing, and able to provide the services the City desires, perform all Aviation Consulting Services necessary or appropriate for the Project, and meet the City's expectations as described in these Recitals. C. The City desires to have the construction project managed in an integrated, functional, and attractive way so that the operational goals of the City can be achieved while enabling the Project to be an environmental, cultural, social, and governmental benefit to the City. D. Consultant represents that it is regularly and appropriately licensed to practice architecture and/or engineering in the State of California and is qualified to provide the required and desired Aviation Consulting Services and that its officers and employees are sufficient in number and possesses the knowledge, experience, and character necessary to qualify them individually as expert for the particular duties they are to perform. E. City desires to retain Consultant to provide the Aviation Consulting Services. In consideration of these promises and mutual obligations, covenants, and conditions, the p g Parties agree as follows: 1 Revised: 07/01/2011 AGREEMENT 1. SERVICES OF CONSULTANT 1.1 Scope of Services. In compliance with all terms and conditions of this Agreement, Consultant agrees to perform the professional services set forth in the Scope of Services described in Exhibit "C" (the "Services" or "Work"). As provided in the SOQ, the specific services is subject to definition and assignment by the City from time to time over the term of the Agreement. As each service is defined and assigned to Consultant, the task will be included as Services or Work and the compensation and schedule of performance for such services and shall be made a part of the Agreement, and shall be deemed attached to this Agreement as part of the Scope of Services, Compensation, and Schedule of Performance and incorporated by reference. As a material inducement to the City entering into this Agreement, Consultant represents and warrants that Consultant is a provider of first class work and professional services and that Consultant is experienced in performing the Work and Services contemplated and, in light of such status and experience, Consultant covenants that it shall follow the highest professional standards in performing the Work and Services required in this Agreement. For purposes of this Agreement, the phrase "highest professional standards" shall mean those standards of practice recognized as high quality among well-qualified and experienced professionals performing similar work under similar circumstances. 1.2 Contract Documents. The Agreement between the Parties shall consist of the following: (1) this Agreement; (2)the Scope of Services; (3) the SOQ; and, (4) the Consultant's Proposal, (collectively referred to as the "Contract Documents"). The SOQ and the Consultant's Proposal are incorporated by reference and are made a part of this Agreement. All provisions of the Scope of Services, the SOQ, and the Consultant's Proposal shall be binding on the Parties. Should any conflict or inconsistency exist in the Contract Documents, the conflict or inconsistency shall be resolved by applying the provisions in the highest priority document, which shall be determined in the following order of priority: (1 s)the provisions of the Scope of Services; (2nd) the provisions of the SOQ; (3`d) the terms of this Agreement; and, (4`h) the provisions of the Consultant's Proposal. 1.3 Compliance with Law. Consultant shall prepare all plans, specifications, and estimates for the services or work during construction, and observe the work of construction in a manner that allows compliance with the plans, specifications, and estimates. Consultant shall warrant that all Services rendered shall be performed in accordance with all applicable federal, state, and local laws, statutes, ordinances lawful orders, rules, and regulations. 1.4 Licenses, Permits. Fees. and Assessments. Consultant represents and warrants to City that it has obtained all licenses, permits, qualifications, and approvals of whatever nature that are legally required to practice its profession and perform the Work and Services required by this Agreement. Consultant represents and warrants to City that Consultant shall, at its sole cost and expense, keep in effect at all times during the term of this Agreement, any license, permit, qualification, or approval that is legally required for Consultant to perform the Work and Services under this Agreement. Consultant shall have the sole obligation to pay for any fees, assessments, and taxes, plus applicable penalties and interest, which may be imposed by law and arise from or are necessary for the Consultant's performance of the Work and Services required by this Agreement. Consultant shall indemnify, defend, and hold harmless City against any such 2 Revised: 07/01/2011 fees, assessments, taxes penalties, or interest levied, assessed, or imposed against City to the fullest extent permitted by law. 1.5 Familiarity with Work. By executing this Agreement, Consultant warrants that Consultant (a) will thoroughly investigate and consider the Scope of Services to be performed, (b) will carefully consider how the Services should be performed, and (c) fully understands the facilities, difficulties, and restrictions attending performance of the Services under this Agreement. If the Services involve work upon any site, Consultant warrants that Consultant has or will investigate the site and is or will be fully acquainted with the conditions there existing, prior to commencement of any Services. Should the Consultant discover any latent or unknown conditions that will materially affect the performance of the Services, Consultant shall immediately inform the City of such fact and shall not proceed except at Consultant's risk until written instructions are received from the City. 1.6 F.mnlUees and Consultants. The Consultant shall retain, at its sole cost and expense, personnel who are properly skilled in various aspects of the design and construction of the Project, including employees and third party engineers, consultants, and technicians. The Consultant shall retain personnel to perform, among other services, civil engineering, structural engineering, mechanical engineering (including both HVAC and plumbing), electrical engineering, landscape architecture, communications, essential facilities design, traffic engineering and such other specialized engineering and consulting services as are required for the design and construction of the Project. 1.7 Performance Standard. Consultant agrees to perform all services under this Agreement (i) in an expeditious, expert, and professional manner; (ii) in accordance with the recognized and acceptable standards of professional skill; and (iii) in accordance with all applicable federal, state, and local laws, statutes, ordinances lawful orders, rules, and regulations. Except as may be otherwise expressly provided in this Agreement, City and Consultant agree that Consultant shall not be exonerated or relieved from liability or responsibility by reason of the fact that City has reviewed, approved, or accepted any design or specifications prepared or recommended by Consultant in connection with the design of Project. 1.8 Correction of Errors. The Consultant at its own expense shall provide such services as may be necessary to correct errors, omissions, or conflicts which may occur in the design documents prepared by the Consultant or in the performance of services under this Agreement and which are the fault or responsibility of the Consultant or Consultant's Consultants, of every tier. 1.9 Plan Design, N/A 3 Revised: 07/01/2011 1.10 City Acceptance. Any and all consents, approvals, or acceptances of the City which may be required under this Agreement must be in writing in order to be effective. Consultant acknowledges that the City, the Contract Officer, and its elected officials, employees, and staff are not experts or professionals in the fields of architecture, engineering, and design and that the City will be relying entirely upon the expertise and professional abilities of the Consultant to prepare fully accurate and complete plans, drawings, and specifications as part of the construction management phase of the Project. City consents, approvals, and acceptances shall not be construed as a finding or determination by the City that the plans, drawings, and specifications or any part thereof are accurate or complete, nor shall such consents, approvals, and acceptances be construed as a release or waiver of the obligation of the Consultant to provide accurate and complete plans, drawings, and specifications as part of the construction management phase of the Project in accordance with the highest and best professional skill, consistent with its obligations pursuant to this Agreement. 1.11 Reponsible for Quality and Accuracy. The Consultant shall be responsible for the professional quality, technical accuracy, and the coordination and adequacy of all designs, drawings, specifications and other services of the construction furnished under this Agreement. The Consultant shall, without additional compensation, correct or revise any errors or deficiencies in such designs, drawings, specifications, and other services for which the consultant completes. To the extent of its negligence or willful misconduct, Consultant shall be fully responsible for any and all costs, including any delay damages, incurred by the City as a result of any error or omission in the designs, drawings, and specifications for the construction of the Project. Neither the City's review, approval, acceptance of, nor payment for, the services required under this Agreement shall be construed to operate as a waiver of any action arising out of the performance of this Agreement. The Consultant shall be and remains liable to the City in accordance with this Agreement and all applicable laws for any and all damages to the City caused by the negligent performance of any of the services furnished under this Agreement. The rights and remedies of the City provided for under this Agreement are in addition to any other rights and remedies provided by law. If the Consultant is comprised of more than one legal entity, each such entity shall be jointly and severally liable thereunder. 1.12 Public Agency Anprovals. The Consultant shall assist and cooperate with the City's Contract Officer in applying for and securing all required approvals from public agencies having jurisdiction over the Project. The Consultant shall provide in a timely manner all documentation, drawings, plans, and specifications and such other materials as the City or Contract Officer may request to secure such approvals. 1.13 Cooneration. Consultant agrees to cooperate with, and coordinate Consultant's and Consultant's consultants' services with those services provided by the City's Contract Officer. 1.14 Further Responsibilities of Parties. Parties agree to use reasonable care and diligence to perform their respective obligations under this Agreement. Parties agree to act in good faith to execute all instruments, prepare all documents, and take all actions as may be reasonably necessary to carry out the purposes of this Agreement. 4 Revised: 07/01/2011 2. COMPENSATION 2.1 Maximum Contract Amount. For the Services rendered under this Agreement, Consultant shall be compensated by City in accordance with the Schedule of Compensation, which is attached as Exhibit "D" and incorporated in this Agreement by reference. As each service or services (or work or works) is added to the Scope of Work as described in Section 1.1 of this Agreement, the Maximum Contract Amount for each such service or work shall be specified by the City and acknowledged by Consultant and included in the Scope of Work for such service or work, the work is not to exceed the contract amount. Compensation for necessary expenditures for reproduction costs, telephone expenses, and transportation expenses must be approved in advance by the Contract Officer designated under Section 4.2 and will only be approved if such expenses are also specified in the Schedule of Compensation. The Maximum Contract Amount shall include the attendance of Consultant at all Project meetings reasonably deemed necessary by the City. Consultant shall not be entitled to any increase in the Maximum Contract Amount for attending these meetings. Consultant accepts the risk that the services identified in the Scope of Services may be more costly and/or time- consuming than Consultant anticipates and that Consultant shall not be entitled to additional compensation. The maximum amount of city's payment obligation under this section is the amount specified in for each defined and assigned service or work as provided in this Agreement. If the City's maximum payment obligation is reached before the Consultant's Services hereunder are completed, Consultant shall complete the service or work and City shall not be liable for payment beyond the Maximum Contract Amount. 2.2. Method of Payment. Unless another method of payment is specified in the Schedule of Compensation (Exhibit "D"), in any month in which Consultant wishes to receive payment, Consultant shall submit to the City an invoice for services rendered prior to the date of the invoice. The invoice shall be in a form approved by the City's Finance Director and must be submitted no later than the tenth (10) working day of such month. Such requests shall be based upon the amount and value of the services performed by Consultant and accompanied by such reporting data including an itemized breakdown of all costs incurred and tasks performed during the period covered by the invoice, as may be required by the City. City shall use reasonable efforts to make payments to Consultant within forty-five (45) days after receipt of the invoice or as soon as is reasonably practical. There shall be a maximum of one payment per month. 2.3 Amendments. Notwithstanding the provisions of Section 2.1 of this Agreement, in the event any of the following circumstances, the Parties shall execute a written amendment to this Agreement, specifying all proposed amendments, including, but not limited to, any additional fees. An amendment may be entered into: A. To provide for revisions or modifications to documents, work product, or work, when required by the enactment or revision of any subsequent law; or B. To provide for additional services not included in this Agreement or not customarily furnished in accordance with generally accepted practice in Consultant's profession. 2.4 Appropriations. This Agreement is subject to and contingent upon funds being appropriated by the City Council for each fiscal year covered by the Agreement. If such appropriations are not made, the City may in its sole discretion terminate this Agreement without penalty to the City notwithstanding any other provision of this agreement to the contrary. 5 Revised: 07/01/2011 3. SCHEDULE OF PERFORMANCE 3.1 Time of Essence. Time is of the essence in the performance of this Agreement. The time for completion of the services to be performed by Consultant is an essential condition of this Agreement. As each service or services (or work or works) is added to the Scope of Work as described in Section 1.1 of this Agreement, a Schedule of Performance for such services or work shall be identified and included as part of the Scope of Work for such services or work. Consultant shall prosecute regularly and diligently the Work of this Agreement according to the such Schedule of Performance. 3.2 Schedule of Performance. Consultant shall commence the Services under this Agreement upon receipt of a written notice to proceed and shall perform all Services within the time period(s) established in the Schedule of Performance. When requested by Consultant, extensions to the time period(s) specified in the Schedule of Performance may be approved in writing by the Contract Officer, but such extensions shall not exceed three hundred and sixty (360) days cumulatively; however, the Contract Officer shall not be obligated to grant such an extension. 3.3 Force Majeure. The time period(s) specified in the Schedule of Performance for performance of the Services rendered under this Agreement shall be extended because of any delays due to unforeseeable causes beyond the control and without the fault or negligence of the Consultant (financial inability excepted) if Consultant, within ten (10) days of the commencement of such delay, notifies the Contract Officer in writing of the causes of the delay. Unforeseeable causes include, but are not limited to, acts of God or of the public enemy, unusually severe weather, fires, earthquakes, floods, epidemics, quarantine restrictions, riots, strikes, freight embargoes, wars, and/or acts of any governmental agency, including the City. The Contract Officer shall ascertain the facts and the extent of delay, and extend the time for performing the Services for the period of the enforced delay when and if in the judgment of the Contract Officer such delay is justified. The Contract Officer's determination shall be final and conclusive upon the Parties to this Agreement. In no event shall Consultant be entitled to recover damages against the City for any delay in the performance of this Agreement, however caused. Consultant's sole remedy shall be extension of the Agreement under this section. 3.4 Term. Unless earlier terminated under this Agreement, this Agreement shall commence upon the effective date of this Agreement and continue in full force and effect until December 31, 2015. The City Manager shall have the sole discretion to exercise a one year option. However, the term shall not exceed two (2) years from the commencement date, except as otherwise provided in the Schedule of Performance described in Section 3.2 above. Any extension must be through mutual written agreement of the Parties. 3.5 Termination Prior to Expiration of Term. City may terminate this Agreement for its convenience at any time, without cause, in whole or in part, upon giving Consultant thirty (30) days written notice. Where termination is due to the fault of Consultant and constitutes an immediate danger to health, safety, and general welfare, the period of notice shall be such shorter time as may be determined by the City. Upon such notice, City shall pay Consultant for Services performed through the date of termination. Upon receipt of such notice, Consultant shall immediately cease all work under this Agreement, unless stated otherwise in the notice or by 6 Revised: 07/01/2011 written authorization of the Contract Officer. After such notice, Consultant shall have no further claims against the City under this Agreement. Upon termination of the Agreement under this section, Consultant shall submit to the City an invoice for work and services performed prior to the date of termination. Consultant may terminate this Agreement, with or without cause, upon sixty(60) days written notice to the City, except that where termination is due to material default by the City, the period of notice may be such shorter time as the Consultant may determine. 4. COORDINATION OF WORK 4.1 Representative of Consultant. The following principal of Consultant is designated as being the principal and representative of Consultant authorized to act in its behalf and make all decisions with respect to the Services to be performed under this Agreement: Shammi Ratti, Vice President, Aviation Director. It is expressly understood that the experience, knowledge, education, capability, expertise, and reputation of the foregoing principal is a substantial inducement for City to enter into this Agreement. Therefore, the foregoing principal shall be responsible during the term of this Agreement for directing all activities of Consultant and devoting sufficient time to personally supervise the services performed hereunder. The foregoing principal may not be changed by Consultant without prior written approval of the Contract Officer. 4.2 Contract Officer. The Contract Officer shall be the City Manager or the City Manager's designee ("Contract Officer"). Consultant shall be responsible for keeping the Contract Officer fully informed of the progress of the performance of the services. Consultant shall refer any decisions that must be made by City to the Contract Officer. Unless otherwise specified, any approval of City shall mean the approval of the Contract Officer. 4.3 Prohibition Against Subcontracting or Assignments. The experience, knowledge, capability, expertise, and reputation of Consultant, its principals and employees, were a substantial inducement for City to enter into this Agreement. Therefore, Consultant shall not assign full or partial performance of this Agreement, nor any monies due, voluntarily or by operation of law, without the prior written consent of City. Consultant shall not contract with any other entity to perform the Services required under this Agreement without the prior written consent of City. if Consultant is permitted to subcontract any part of this Agreement by City, Consultant shall be responsible to City for the acts and omissions of its subcontractor(s) in the same manner as it is for persons directly employed. Nothing contained in this Agreement shall create any contractual relationships between any subcontractor and City. All persons engaged in the Work will be considered employees of Consultant. City will deal directly with and will make all payments to Consultant. In addition, neither this Agreement nor any interest in this Agreement may be transferred, assigned, conveyed, hypothecated, or encumbered voluntarily or by operation of law, whether for the benefit of creditors or otherwise, without the prior written consent of City. Transfers restricted in this Agreement shall include the transfer to any person or group of persons acting in concert of more than twenty five percent (25%) of the present ownership and/or control of Consultant, taking all transfers into account on a cumulative basis. In the event of any such unapproved transfer, including any bankruptcy proceeding, this Agreement shall be void. No approved transfer shall release Consultant or any surety of Consultant from any liability under this Agreement without the express written consent of City. 7 Revised: 07/01/2011 4.4 Independent Contractor. The legal relationship between the Parties is that of an independent contractor, and nothing shall be deemed to make Consultant a City employee. A. During the performance of this Agreement, Consultant and its officers, employees, and agents shall act in an independent capacity and shall not act or represent themselves as City officers or employees. The personnel performing the Services under this Agreement on behalf of Consultant shall at all times be under Consultant's exclusive direction and control. Neither City nor any of its officers, employees, or agents shall have control over the conduct of Consultant or any of its officers, employees, or agents, except as set forth in this Agreement. Consultant, its officers, employees, or agents shall not maintain an office or any other type of fixed business location at City's offices. City shall have no voice in the selection, discharge, supervision, or control of Consultant's employees, servants, representatives, or agents, or in fixing their number, compensation, or hours of service. Consultant shall pay all wages, salaries, and other amounts due its employees in connection with this Agreement and shall be responsible for all reports and obligations respecting them, including but not limited to social security income tax withholding, unemployment compensation, workers' compensation, and other similar matters. City shall not in any way or for any purpose be deemed to be a partner of Consultant in its business or otherwise a joint venturer or a member of any joint enterprise with Consultant. B. Consultant shall not have any authority to bind City in any manner. This includes the power to incur any debt, obligation, or liability against City. C. No City benefits shall be available to Consultant, its officers, employees, or agents in connection with any performance under this Agreement. Except for professional fees paid to Consultant as provided for in this Agreement, City shall not pay salaries, wages, or other compensation to Consultant for the performance of Services under this Agreement. City shall not be liable for compensation or indemnification to Consultant, its officers, employees, or agents, for injury or sickness arising out of performing Services. If for any reason any court or governmental agency determines that the City has financial obligations, other than under Section 2 and Subsection 1.8 in this Agreement, of any nature relating to salary, taxes, or benefits of Consultant's officers, employees, servants, representatives, subcontractors, or agents, Consultant shall indemnify City for all such financial obligations. 5. INSURANCE 5.1 Types of Insurance. Consultant shall procure and maintain, at its sole cost and expense, the insurance described below. The insurance shall be for the duration of this Agreement and includes any extensions, unless otherwise specified in this Agreement. The insurance shall be procured in a form and content satisfactory to City. The insurance shall apply against claims which may arise from the Consultant's performance of Work under this Agreement, including Consultant's agents, representatives, or employees. In the event the City Manager determines that the Work or Services to be performed under this Agreement creates an increased or decreased risk of loss to the City, the Consultant agrees that the minimum limits of the insurance policies may be changed accordingly upon receipt of written notice from the City Manager or his designee and to the extent reasonably commercial available. Consultant shall immediately substitute any insurer whose A.M. Best 8 Revised: 07/01/2011 rating drops below the levels specified in this Agreement. Except as otherwise authorized below for professional liability (errors and omissions) insurance, all insurance provided under this Agreement shall be on an occurrence basis. The minimum amount of insurance required shall be as follows: A. Errors and Omissions Insurance. Consultant shall obtain and maintain in full force and effect throughout the term of this Agreement, standard industry form professional liability (errors and omissions) insurance coverage in an amount of not less than one million dollars ($1,000,000.00) per Claim and two-million dollars ($2,000,000.00) annual aggregate, in accordance with the provisions of this section. (1) Consultant shall procure from the professional liability insurer an endorsement providing that the required limits of the policy shall apply separately to claims arising from errors and omissions in the rendition of services under this Agreement. (2) If the policy of insurance is written on a "claims made" basis, the policy shall be continued in full force and effect at all times during the term of this Agreement, and for a period of three (3) years from the date of the completion of the Services provided hereunder. In the event of termination of the policy during this period, Consultant shall obtain continuing insurance coverage for the prior acts or omissions of Consultant during the course of performing Services under the terms of this Agreement. The coverage shall be evidenced by either a new policy evidencing no gap in coverage, or by obtaining separate extended "tail" coverage with the present or new carrier or other insurance arrangements providing for complete coverage, either of which shall be subject to the written approval by the City Manager. (3) In the event the policy of insurance is written on an "occurrence" basis, the policy shall be continued in full force and effect during the term of this Agreement, or until completion of the Services provided for in this Agreement, whichever is later. In the event of termination of the policy during this period, new coverage shall immediately be obtained to ensure coverage during the entire course of performing the Services under the terms of this Agreement. B. Workers' Compensation Insurance . Consultant shall obtain and maintain, in full force and effect throughout the term of this Agreement, workers' compensation insurance in at least the minimum statutory amounts, and in compliance with all other statutory requirements, as required by the State of California. Consultant agrees to waive and obtain endorsements from its workers' compensation insurer waiving subrogation rights under its workers' compensation insurance policy against the City and to require each of its subcontractors, if any, to do likewise under their workers' compensation insurance policies. If Consultant has no employees, Consultant shall complete the City's Request for Waiver of Workers' Compensation Insurance Requirement form. 9 C. Commercial General Liability Insurance. Consultant shall obtain and maintain, in full force and effect throughout the term of this Agreement, a policy of commercial general liability insurance written on a per occurrence basis with a combined single limit of at least one million dollars ($1,000,000.00) and two million dollars ($2,000,000.00) general aggregate for bodily injury and property damage including coverages for contractual liability, personal injury, independent contractors, broad form property damage, products and completed operations. D. Business Automobile Insurance. Consultant shall obtain and maintain, in full force and effect throughout the term of this Agreement, a policy of business automobile liability insurance written on a per occurrence basis with a single limit liability in the amount of one million dollars ($1,000,000.00) bodily injury and property damage. The policy shall include coverage for owned, non-owned, leased, and hired cars. E. Employer Liability Insurance. Consultant shall obtain and maintain, in full force and effect throughout the term of this Agreement, a policy of employer liability insurance written on a per occurrence basis with a policy limit of at least one million dollars ($1,000,000.00) for bodily injury or disease. 5.2 Deductibles and Self-Insured Retentions. All Deductibles and SIRS shall be the sole responsibility of Consultant. 5.3 Other Insurance Reauirements. The following provisions shall apply to the insurance policies required of Consultant under this Agreement: 5.3.1 For any claims related to this Agreement, Consultant's coverage shall be primary insurance with respect to the City and its officers, council members, officials, employees, agents, and volunteers. Any insurance or self-insurance maintained by the City and its officers, council members, officials, employees, agents, and volunteers shall be in excess of Consultant's insurance and shall not contribute with it. 5.3.2 Any failure to comply with reporting or other provisions of the policies, including breaches of warranties, shall not affect coverage provided to City and its officers, council members, officials, employees, agents, and volunteers. 5.3.3 All insurance coverage and limits provided by Consultant and available or applicable to this Agreement are intended to apply to each insured, including additional insureds, against whom a claim is made or suit is brought to the full extent of the policies. Nothing contained in this 10 Revised: 07/01/2011 Agreement or any other agreement relating to the City or its operations shall limit the application of such insurance coverage. 5.3.4 No required insurance coverages may include any limiting endorsement which substantially impairs the coverages set forth in this Agreement (e.g., elimination of contractual liability or reduction of discovery period), unless the endorsement has first been submitted to the City Manager and approved in writing. 5.3.5 Consultant agrees to require its insurer to modify insurance endorsements to delete any exculpatory wording stating that failure of the insurer to mail written notice of cancellation imposes no obligation, or that any party will "endeavor" (as opposed to being required) to comply with the requirements of the endorsements. Certificates of insurance will not be accepted in lieu of required endorsements, and submittal of certificates without required endorsements may delay commencement of the Project. It is Consultant's obligation to ensure timely compliance with all insurance submittal requirements as provided in this Agreement. 5.3.6 Consultant agrees to require that subcontractors, and any other parties involved with the Project who are brought onto or involved in the Project by Consultant, provide the same minimum insurance coverage required of Consultant. Consultant agrees to monitor and review all such coverage and assumes all responsibility for ensuring that such coverage is provided in conformity with the requirements of this section. Consultant agrees that upon request, all agreements with subcontractors and others engaged in the Project will be submitted to the City for review. 5.3.7 Consultant acknowledges and agrees that any actual or alleged failure on the part of the City to inform Consultant of non-compliance with any insurance requirement in no way imposes any additional obligations on the City nor does it waive any rights in this or any other regard. 5.3.8 Consultant shall provide proof that policies of insurance required in this Agreement, expiring during the term of this Agreement, have been renewed or replaced with other policies providing at least the same coverage. Proof that such coverage has been ordered shall be submitted prior to expiration. Endorsements as required in this Agreement applicable to the renewing or new coverage shall be provided to City no later than ten (10) days prior to expiration of the lapsing coverage. 5.3.9 Requirements of specific insurance coverage features or limits contained in this section are not intended as limitations on coverage, limits, or other requirements, or as a waiver of any coverage normally provided by any given policy. Specific reference to a given coverage feature is for purposes of clarification only as it pertains to a given issue, and is not 11 Revised: 07/01/2011 intended by any party or insured to be limiting or all-inclusive. 5.3.10 The requirements in this section supersede all other sections and provisions of this Agreement to the extent that any other section or provision conflicts with or impair the provisions of this section. 5.3.11 Consultant agrees to provide immediate notice to City of any claim or loss against Consultant arising out of the Work performed under this Agreement and for any other claim or loss which may reduce the insurance available to pay claims arising out of this Agreement. City assumes no obligation or liability by such notice, but has the right (but not the duty) to monitor the handling of any such claim or claims if they are likely to involve City, or to reduce or dilute insurance available for payment of potential claims. 5.3.12 Consultant agrees that the provisions of this section shall not be construed as limiting in any way the extent to which the Consultant may be held responsible for the payment of damages resulting from the Consultant's activities or the activities of any person or person for which the Consultant is otherwise responsible. 5.4 Sufficiency of Insurers. Insurance required in this Agreement shall be provided by authorized insurers in good standing with the State of California. Coverage shall be provided by insurers admitted in the State of California, (except for the Professional Liability insurer, which shall be authorized by the State), with an A.M. Best's Key Rating of B++, Class VII, or better, unless such requirements are waived in writing by the City Manager or his designee due to unique circumstances. 5.5 Verification of Coverage. Consultant shall furnish City with both certificates of insurance and endorsements, including additional insured endorsements, affecting all of the coverages required by this Agreement. The certificates and endorsements are to be signed by a person authorized by that insurer to evidence coverage on its behalf. All proof of insurance is to be received and approved by the City before work commences Additional insured endorsements are not required for Errors and Omissions and Workers' Compensation policies. Verification of Insurance coverage may be provided by: (1) an approved General and/or Auto Liability Endorsement Form for the City of Palm Springs or (2) an acceptable Certificate of Liability Insurance Coverage with an approved Additional Insured Endorsement with the following endorsements stated on the certificate: 1. "The City of Palm Springs, its officials, employees, and agents are named as an additional insured... " ("as respects City of Palm Springs Contract No. " or 'for any and all work performed with the City"may be included in this statement). 12 Revised: 07/01/2011 2. "This insurance is primary and non-contributory over any insurance or self- insurance the City may have..." ("as respects City of Palm Springs Contract No. " or 'for any and all work performed with the City" may be included in this statement). 3. "Should any of the above described policies be canceled before the expiration date thereof, the issuing company will mail 30 days written notice to the Certificate Holder named, with 10 days notification for cancellation due to non-payment of premiums." Language such as, "endeavor to" mail and "but failure to mail such notice shall impose no obligation or liability of any kind upon the company, its agents or representative" is not acceptable and must be crossed out. 4. Both the Workers' Compensation and Employers' Liability policies shall contain the insurer's waiver of subrogation in favor of City, its elected officials, officers, employees, agents, and volunteers. . All certificates of insurance and endorsements are to be received and approved by the City before work commences. All certificates of insurance must be authorized by a person with authority to evidence coverage, whether that is the authorized agent/broker or insurance underwriter. Failure to obtain the required documents prior to the commencement of work shall not waive the Consultant's obligation to provide them. 6. INDEMNIFICATION 6.1 Indemnification and Reimbursement. A. To the fullest extent permitted by law, Consultant shall indemnify, defend (at Consultant's sole cost and expense), protect and hold harmless City and its elected officials, officers, employees, agents and volunteers and all other public agencies whose approval of the project is required, (individually "Indemnified Party'; collectively "Indemnified Parties") against any and all liabilities, claims,judgments, arbitration awards, settlements, costs, demands, orders and penalties (collectively "Claims"), including but not limited to Claims arising from injuries or death of persons (Consultant's employees included) and damage to property, which Claims arise out of, pertain to, or are related to the negligence, recklessness or willful misconduct of Consultant, its agents, employees, or subcontractors, or arise from Consultant's negligent, reckless or willful performance of or failure to perform any tern, provision, covenant or condition of this Agreement ("Indemnified Claims"), but Consultant's liability for Indemnified Claims shall be reduced to the extent such Claims arise from the negligence, recklessness or willful misconduct of the City and its elected officials, officers, employees, agents and volunteers. B. The Consultant shall require all non-design-professional sub-contractors, used or sub-contracted by Consultant to perform the Services or Work required under this Agreement, to execute an Indemnification Agreement adopting the indemnity provisions in paragraph C of this sub-section 6.1 in favor of the Indemnified Parties. In addition, Consultant shall require all non-design-professional sub-contractors, used or sub-contracted by Consultant to perform the Services or Work required under this Agreement, to obtain insurance that is 13 Revised: 07/01/2011 consistent with the Insurance provisions as set forth in this Agreement, as well as any other insurance that may be required by Contract Officer. C. To the fullest extent permitted by law, Sub-Contractor shall defend (at Sub-Contractor's sole cost and expense), indemnify, protect, and hold harmless City, its elected officials, officers, employees, agents, and volunteers (collectively the "Indemnified Parties"), from and against any and all liabilities, actions, suits, claims, demands, losses, costs, judgments, arbitration awards, settlements, damages, demands, orders, penalties, and expenses including legal costs and attorney fees (collectively "Claims"), including but not limited to Claims arising from injuries to or death of persons (Consultant's and Sub-Contractor's employees included), for damage to property, including property owned by City, from any violation of any federal, state, or local law or ordinance, and from errors and omissions committed by Sub-Contractor, its officers, employees, representatives, and agents, that arise out of or relate to Sub-Contractor's performance under this Agreement. This indemnification clause excludes Claims arising from the sole negligence or willful misconduct of the City, its elected officials, officers, employees, agents, and volunteers. Under no circumstances shall the insurance requirements and limits set forth in this Agreement be construed to limit Sub-Contractor's indemnification obligation or other liability under this Agreement. Sub-Contractor's indemnification obligation shall survive the expiration or earlier termination of this Agreement until all actions against the Indemnified Parties for such matters indemnified are fully and finally barred by the applicable statute of limitations or, if an action is timely filed, until such action is final. This provision is intended for the benefit of third party Indemnified Parties not otherwise a party to this Agreement. 7. REPORTS AND RECORDS 7.1 Accounting Records. Consultant shall keep complete, accurate, and detailed accounts of all time, costs, expenses, and expenditures pertaining in any way to this Agreement. Consultant shall keep such books and records as shall be necessary to properly perform the Services required by this Agreement and to enable the Contract Officer to evaluate the performance of such Services. The Contract Officer shall have full and free access to such books and records at all reasonable times, including the right to inspect, copy, audit, and make records and transcripts from such records. 7.2 Rggorts Consultant shall periodically prepare and submit to the Contract Officer such reports concerning the performance of the Services required by this Agreement, or as the Contract Officer shall require. Consultant acknowledges that the City is greatly concerned about the cost of the Work and Services to be performed under this Agreement. For this reason, Consultant agrees that Consultant shall promptly notify the Contract Officer the estimated increased or decreased cost if Consultant becomes aware of any facts, circumstances, techniques, or events that may or will materially increase or decrease the cost of the contemplated Work or Services. If Consultant is providing design services, Consultant shall promptly notify the Contract Officer the estimated increased or decreased cost for the project being designed if Consultant becomes aware of any facts, circumstances, techniques, or events that may or will materially increase or decrease the cost of the design services. 14 Revised: 07/01/2011 7.3 Ownership of Documents. All drawings, specifications, reports, records, documents, memoranda, correspondence, computations, and other materials prepared by Consultant, its employees, subcontractors, and agents in the performance of this Agreement shall be the property of City and shall be promptly delivered to City upon request of the Contract Officer or upon the termination of this Agreement. Consultant shall have no claim for further employment or additional compensation as a result of the exercise by City of its full rights of ownership of the documents and materials. Any use of such completed documents for other projects and/or use of incomplete documents without specific written authorization by the Consultant will be at the City's sole risk and without liability to Consultant, and the City shall indemnify the Consultant for all resulting damages. Consultant may retain copies of such documents for their own use. Consultant shall have an unrestricted right to use the concepts embodied tin this Agreement. Consultant shall ensure that all its subcontractors shall provide for assignment to City of any documents or materials prepared by them. In the event Consultant fails to secure such assignment, Consultant shall indemnify City for all resulting damages. 7.4 Release of Documents. All drawings, specifications, reports, records, documents, and other materials prepared by Consultant in the performance of services under this Agreement shall not be released publicly without the prior written approval of the Contract Officer. All information gained by Consultant in the performance of this Agreement shall be considered confidential and shall not be released by Consultant without City's prior written authorization. 7.5 Audit and inspection of Records. After receipt of reasonable notice and during the regular business hours of City, Consultant shall provide City, or other agents of City, such access to Consultant's books, records, payroll documents, and facilities as City deems necessary to examine, copy, audit, and inspect all accounting books, records, work data, documents, and activities directly related to Consultant's performance under this Agreement. Consultant shall maintain such books, records, data, and documents in accordance with generally accepted accounting principles and shall clearly identify and make such items readily accessible to such parties during the term of this Agreement and for a period of three (3) years from the date of final payment by City hereunder. 8. ENFORCEMENT OF AGREEMENT 8.1 California Law and Venue. This Agreement shall be construed and interpreted both as to validity and as to performance of the Parties in accordance with the laws of the State of California. Legal actions concerning any dispute, claim, or matter arising out of or in relation to this Agreement shall be instituted in the Superior Court of the County of Riverside, State of California, or any other appropriate court in such County, and Consultant covenants and agrees to submit to the personal jurisdiction of such court in the event of such action. 8.2 Interpretation. This Agreement shall be construed as a whole according to its fair language and common meaning to achieve the objectives and purposes of the Parties. The terms of this Agreement are contractual and the result of negotiation between the Parties. Accordingly, any rule of construction of contracts (including, without limitation, California Civil Code Section 1654) that ambiguities are to be construed against the drafting party, shall not be 15 Revised: 07/01/2011 employed in the interpretation of this Agreement. The caption headings of the various sections and paragraphs of this Agreement are for convenience and identification purposes only and shall not be deemed to limit, expand, or define the contents of the respective sections or paragraphs. 8.3 Default of Consultant. Consultant's failure to comply with any provision of this Agreement shall constitute a default. A. If the Contract Officer determines that Consultant is in default in the performance of any of the terms or conditions of this Agreement, the Contract Officer shall notify Consultant in writing of such default. Consultant shall have ten (10) days, or such longer period as City may designate, to cure the default by rendering satisfactory performance. In the event Consultant fails to cure its default within such period of time, the Contract Officer shall have the right, notwithstanding any other provision of this Agreement, to terminate this Agreement without further notice and without prejudice of any remedy to which City may be entitled at law, in equity, or under this Agreement. Consultant shall be liable for all reasonable costs incurred by City as a result of such default. Compliance with the provisions of this section shall not constitute a waiver of any City right to take legal action in the event that the dispute is not cured, provided that nothing shall limit City's right to terminate this Agreement without cause under Section 3.5. B. If termination is due to the failure of the Consultant to fulfill its obligations under this Agreement, City may, after compliance with the provisions of Section 8.3A, take over the work and prosecute the same to completion by contract or otherwise. The Consultant shall be liable to the extent that the total cost for completion of the Services required hereunder exceeds the Maximum Contract Amount (provided that the City shall use reasonable efforts to mitigate such damages). The City may withhold any payments to the Consultant for the purpose of set-off or partial payment of the amounts owed the City as previously stated. The withholding or failure to withhold payments to Consultant shall not limit Consultant's liability for completion of the Services as provided in this Agreement. 8.4 Waiver. No waiver of any provision of this Agreement shall be effective unless in writing and signed by a duly authorized representative of the Party against whom enforcement of a waiver is sought. Any waiver by the Parties of any default or breach of any covenant, condition, or term contained in this Agreement, shall not be construed to be a waiver of any subsequent or other default or breach, nor shall failure by the Parties to require exact, full, and complete compliance with any of the covenants, conditions, or terms contained in this Agreement be construed as changing the terms of this Agreement in any manner or preventing the Parties from enforcing the full provisions. 8.5 Rights and Remedies Cumulative. Except with respect to rights and remedies expressly declared to be exclusive in this Agreement, the rights and remedies of the Parties are cumulative and the exercise by either Party of one or more of such rights or remedies shall not preclude the exercise by it, at the same or different times, of any other rights or remedies for the same default or any other default by the other Party. 8.6 Legal Action. In addition to any other rights or remedies, either Party may take 16 Revised: 07/01/2011 legal action, in law or in equity, to cure, correct, remedy or recover damages for any default, to compel specific performance of this Agreement, to obtain declaratory or injunctive relief, or to obtain any other remedy consistent with the purposes of this Agreement. 8.7 Attorney Fees. In the event any dispute between the Parties with respect to this Agreement results in litigation or any non judicial proceeding, the prevailing Party shall be entitled, in addition to such other relief as may be granted, to recover from the non-prevailing Party all reasonable costs and expenses. These include but are not limited to reasonable attorney fees, expert consultant fees, court costs and all fees, costs, and expenses incurred in any appeal or in collection of any judgment entered in such proceeding. . 9. CITY OFFICERS AND EMPLOYEES: NON-DISCRIMINATION 9.1 Non-liabilily of C41y Officers and Employees. No officer or employee of the City shall be personally liable to the Consultant, 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 Consultant or to its successor, or for breach of any obligation of the terms of this Agreement. 9.2 Conflict of Interest. No officer or employee of the City shall have any direct or indirect financial interest in this Agreement nor shall any such officer or employee participate in any decision relating to the Agreement which effects their financial interest or the financial interest of any corporation, partnership, or association in which he/she is, directly or indirectly, interested in violation of any state statute or regulation. Consultant warrants that Consultant has not paid or given, and will not pay or give, any third party any money or other consideration in exchange for obtaining this Agreement. 9.3 Covenant Against Discrimination. In connection with its performance under this Agreement, Consultant shall not discriminate against any employee or applicant for employment because of race, religion, color, sex, age, marital status, ancestry, or national origin. Consultant 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, or national origin. 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. 10. MISCELLANEOUS PROVISIONS 10.1 Patent and Copyright Infringement. To the fullest extent permissible under law, and in lieu of any other warranty by City or Consultant against patent or copyright infringement, statutory or otherwise: A. It is agreed that Consultant shall defend at its expense any claim or suit against City on account of any allegation that any item furnished under this Agreement, or the 17 Revised: 07/01/2011 normal use or sale arising out of the performance of this Agreement, infringes upon any presently existing U.S. letters patent or copyright and Consultant shall pay all costs and damages finally awarded in any such suit or claim, provided that Consultant is promptly notified in writing of the suit or claim and given authority, information and assistance at Consultant's expense for the defense of same, and provided such suit or claim arises out of, pertains to, or is related to the negligence, recklessness or willful misconduct of Consultant. However, Consultant will not indemnify City if the suit or claim results from: (1) City's alteration of a deliverable, such that City's alteration of such deliverable created the infringement upon any presently existing U.S. letters patent or copyright; or (2) the use of a deliverable in combination with other material not provided by Consultant when it is such use in combination which infringes upon an existing U.S. letters patent or copyright. B. Consultant shall have sole control of the defense of any such claim or suit and all negotiations for settlement in the event City fails to cooperate in the defense of any suit or claim, provided, however, that such defense shall be at Consultant's expense. Consultant shall not be obligated to indemnify City under any settlement that is made without Consultant's consent, which shall not be unreasonably withheld. If the use or sale of such item is enjoined as a result of the suit or claim, Consultant, at no expense to City, shall obtain for City the right to use and sell the item, or shall substitute an equivalent item acceptable to City and extend this patent and copyright indemnity thereto. 10.2 Notice. Any notice, demand, request, consent, approval, or communication that either party desires, or is required to give to the other party or any other person shall be in writing. All notices shall be personally delivered, sent by pre-paid First Class U.S. Mail, registered or certified mail, postage prepaid, return receipt requested, or delivered or sent by facsimile with attached evidence of completed transmission. All notices shall be deemed received upon the earlier of(i) the date of delivery to the address of the person to receive such notice if delivered personally or by messenger or overnight courier; (ii) five (5) business days after the date of posting by the United States Post Office if by mail; or(iii) when sent if given by facsimile. Any notice, request, demand, direction, or other communication sent by facsimile must be confirmed within forty-eight (48) hours by letter mailed or delivered. Other forms of electronic transmission such as e-mails, text messages, and instant messages are not acceptable manners of notice required hereunder. Notices or other communications shall be addressed as follows: To City: City of Palm springs Attention: City Manager& City Clerk 3200 E. Tahquitz Canyon Way Palm springs, California 92262 Telephone: (760) 323-8204 Facsimile: (760) 323-8332 With copy to: Thomas Nolan, A.A.E. 3400 E. Tahquitz Canyon Way, Suite OFC Palm Springs, CA 92262 18 Revised: 07/01/2011 To Consultant: Shammi Ratti URS Corp., Century Square 1501 4a' Ave, Suite 1400 Seattle, WA 98101-1616 Phone (206)438-2228 FAX (866) 495-5288 10.3 Inteerated Agreement. This Agreement constitutes the entire agreement between the Parties and supersedes all prior negotiations, arrangements, agreements, representations, and understandings, if any, made by or among the Parties with respect to the subject matter in this Agreement. 10.4 Amendment. No amendments or other modifications of this Agreement shall be binding unless through written agreement by all Parties. 10.5 Severability. Whenever possible, each provision of this Agreement shall be interpreted in such a manner as to be effective and valid under applicable law. If any provision of this Agreement shall be determined to be invalid by a final judgment or decree of a court of competent jurisdiction, such provision shall be ineffective only to the extent of such prohibition or invalidity, without invalidating the reminder of that provision, or the remaining provisions of this Agreement unless the invalid provision is so material that its invalidity deprives either Party of the basic benefit of their bargain or renders this Agreement meaningless. 10.5 Successors in Interest. This Agreement shall be binding upon and inure to the benefit of the Parties' successors and assignees. 10.6 Third Party Beneficiary. Except as may be expressly provided for in this Agreement, nothing contained in this Agreement is intended to confer, nor shall this Agreement be construed as conferring, any rights, including, without limitation, any rights as a third-party beneficiary or otherwise, upon any entity or person not a party to this Agreement. 10.7 Recitals. The above-referenced Recitals are hereby incorporated into the Agreement as though fully set forth in this Agreement and each Party acknowledges and agrees that such Party is bound, for purposes of this Agreement, by the same. 10.8. Corporate Authority. Each of the undersigned represents and warrants that (i) the Party for which he or she is executing this Agreement is duly authorized and existing, (ii) he or she is duly authorized to execute and deliver this Agreement on behalf of the Party for which he or she is signing, (iii) by so executing this Agreement, the Party for which he or she is signing is formally bound to the provisions of this Agreement, and (iv) the entering into this Agreement does not violate any provision of any other Agreement to which the Party for which he or she is signing is bound. 19 Revised: 0710 1/2 0 1 1 IN WITNESS WHEREOF, the Parties have executed this Agreement as of the dates stated below. "CITY" City of Palm Springs Date: David H. Ready City Manager APPROVED 6Y Ui f CiL Ls�•1� 2�- �bbZ� APPROVED AS TO FORM: ATTEST / - G By. Douglas . Holland, ames Thompson, City Att mey City Clerk APPROVED BY CITY COUNCIL: Date: Agreement No. Corporations require two notarized signatures. One signature must be from Chairman of Board,President,or any Vice President. The second signature must be from the Secretary,Assistant Secretary,Treasurer,Assistant Treasurer,or Chief Financial Officer. CONSULTANT NAME: V y S C[iKQURATI OFJ Check one_Individual_Partnership Corporation Address A Aig7m A ByBy Sjg afore (Notarized) l,, J011Es Sti C'-ow �Y by444if,;Ns u1N6 20 Revised: 07/01/2011 State of Texas County of Williamson Before me, Shannon Diane Campbell ,Notary Public, on this day personally appeared Kristin L. Jones whose name is subscribed to the foregoing instrument and acknowledged to me that he/she executed the same for the purposes and considerations therein expressed. Given under my hand and seal of office this day of I rt (, aL - 2015. SHANNON MANE CAMPBELL � My Commisuon Up" Notary Public in and for the State of Texa Mrch 13,2016 My Commission Expires: EXHIBIT "A" Scope of Services for Construction Management, Inspection, Engineering and Testing Services For Rehabilitate Runway 13R-31 L and Related Work At Palm Springs International Airport (PSP) Sponsored by: City of Palm Springs Palm Springs, CA Prepared by: UM Corporation Rev 02:October 28, 2014 INTRODUCTION This scope of services(Scope)outlines the tasks proposed by URS Corporation(URS)to assist the City of Palm Springs(the City) and Palm Springs International Airport(PSP)with Construction Management, Inspection, Engineering,and Testing Services associated with the Rehabilitate Runway 13R-31 L and Related Work Project(the Project).The Project will rehabilitate the existing asphalt concrete(AC) pavement Runway 13R-31 L(RW 13R-31 Q.This will require RW 13R-31 L and RW 13L-31 R to be closed, and Taxiway Charlie(TW C)to be converted to RW 13C-31 C.The effect will translate into the rehabilitation of approximately 260,000 square yards of AC pavement. Other activities include, but are not limited to: • Reconfigure the pavement markings,airfield signing(AFS), and airfield lighting (AFL) from TW C operations to the temporary RW 13C-31C operations. • Install temporary Runway End Identifier Lights (REILs)and Pulse Light Approach Slope Indicator(PLASI)systems at each temporary RW 13C-31 C approach. • Prepare and publish flight procedures for temporary RW 13C-31C and perform associated commissioning flight checks. • Close RW 13R-31 L and RW 13L-31 R(including decommission associated AFL and navigational aids(NAVAIDS))and open temporary RW 13C-31 C. • Mill and resurface approximately 260,000 square yards of RW 13R-31 L AC pavement and associated taxiway connectors. • Remove and replace RW 13R-31 L existing AFL and AFS with LED lights where called for in the plans. • Install RW 13R-31 L pavement markings in their final configuration. • Open RW 1313-31L and RW 13L-31R. • Convert temporary RW 13C-31C to TW C operations(pavement marking,AFS, and AFL reconfiguration). The following Scope items shall be included for the above work. Project Management—Provide project management functions to successfully execute the work.This includes meetings and coordination with the Airport's Project Manager, engineering and field staff, managing subconsultants, maintaining record files, and preparing monthly progress reports and invoice summaries. • Provide monthly reports of the activities for the preceding month as specified in the contract documents. • Prepare and maintain project filing systems,monitor correspondence and meeting minutes, monitor construction against plans specifications for adequacy. • Manage subconsultants for the construction phase services; maintain URS contract files; coordinate contract activity with the Airport's Contract Administrator. • Attend weekly construction and additional on-site meetings as may be required. 1.1 1.2 Project Engineering—Provide project engineering support to administer the construction contract in conformance with the contract plans and specifications. Activities include the following: • Prepare Conformed Set of Drawings(completed by others). • Review all contractor submittals and shop drawings(by others). • Provide constructability reviews for the 30%,65%,and 100% Plans, Specifications,and Estimate (PS&E) packages(Construction Manager, Construction Manager—Electrical, Senior Airport Engineer and Electrical Engineer). • Prepare and review construction change orders(Airport Civil Engineer and Electrical Engineer). • Prepare responses to Contractor RFI's related to the Engineer's Plans(by others). • Prepare responses to Contractor RFI's related to unforeseen conditions. 720669.1 Review daily and weekly inspection reports and project logs(Project Manager). • Review and recommend for final processing Contractor pay requests(Airport Civil Engineer). • Technical support for pre-construction planning activities and coordination (Senior Airport Engineer,Airport Civil Engineer,and Electrical Engineer). • Technical support for flight procedure and flight check coordination with the FAA(Senior Airport Engineer,Airport Civil Engineer,Construction Manager—Electrical, and Electrical Engineer). • PM/Technical Representative to participate in weekly construction meetings(Project Manager, Senior Airport Engineer, Airport Civil Engineer, and Electrical Engineer). 1.3 1.4 Construction Management,Resident Engineering and Inspection—Provide construction management,resident engineering,and inspection field representatives to perform job-site construction inspections,monitor and document construction progress, conformance with schedules, conformance with airfield operational requirements,and conformance with construction plans and specifications.The Construction Manager shall prepare daily activity reports documenting construction progress, including installation of material; number of workers, their hours and significant conversations,observations, and/or situations that affect the progress of the work.The Construction Manager shall be responsible for informing the Airport's Project Representative in writing as soon as possible of any defects or deficiencies, delays,contractor's deviation from the contract documents, and/or contractor's breach of the construction contract. • Prepare and maintain separate logs for project correspondence,payroll information,submittals and shop drawings(by others), RFI's(by others),change proposals, change orders,daily and weekly inspection reports, material quantities and pay estimates. • Take and distribute meeting notes. Provide a draft copy for comment and review within one day. Upon receiving comments, revise meeting notes incorporating applicable comments and changes. Distribute electronically via email to the FAA and all attendees within one day after receiving comments. • Prepare weekly progress reports to the FAA. • Review Contractor's payment requests including review of certified payrolls for compliance with the Contract Documents. • Review Redlines with Contractor weekly and confirm they are current. 1.5 Inspections,Punch list, Re-inspection- Within 2 days from the Contractors notification that each construction phase is complete, prepare a punch list and completion schedule for review. Conduct re-inspections as necessary to ensure completion of punch list items. 1.6 Preparation of Record Drawings(by others)—Review submitted redlines for completeness. Prepare record drawings. Deliver one set of full size prints, two sets of 11"x 17" prints,and two electronic copies of record drawings in AutoCAD and PDF format for the project. 1.7 Final Closeout Report- Prepare the FAA Final Report and closeout documentation for the project and submit to the Airport and FAA upon completion. CONSTRUCTION MANAGEMENT ND INSPECTION DELIVERABLES • Meeting minutes for all meetings conducted. • Project Logs of responses to RFI's, submittals,and change proposal requests. • Daily construction activity reports(1 civil, 1 AFL and NAVAIDS). • Weekly FAA reports. • Change Order forms and documentation. • AC pavement and structural concrete acceptance and control test results. • Punch list and re-inspection reports. • Final Closeout Report. 720669.1 CONCTR .TON MANAr M NT AND INsPrcTinN ss uMPT10Ns • The construction duration for the project is expected to continue over 5+months or approximately 17 weeks. The start date used for calculating the level of effort in the field is May 5, 2015. It is anticipated that the end date for construction will be October 12. 2015. This construction schedule used for estimating purposes is based on the schedule provided to URS October 8, 2014, by PSP Airport Administration Manager(Mark Jucht). • The level of effort assumes the Contractor will work 8 hours per day, Mondaythrough Friday. Construction Inspectors will be onsite 30 minutes prior to the expected start time to participate in Safety Meetings and review updated field directives,submittals, and RFIs. Construction Inspectors will be onsite for 90 minutes after the expected end time to close out the construction site with PSP Operations and complete their daily inspection reports. The total work hours per day for construction staff is 10 hours(major milling and paving operations only). • During the Notice to Proceed and Mobilization Phase,the Resident Engineer(RE)and Project Administration—CM (PA-CM)will be onsite for construction office set up, document control set up, review conformed plans and specifications,prepare construction coordination protocols, complete badging process, complete vehicle registration process, initiate Submittal Review process,and participate in construction coordination meetings with PSP and the Contractor. The Construction Manager(CM), PA-CM, Field Inspectors 1 and 2, and Field Inspector 3 will be onsite 2 weeks prior to the start of the Convert TW C to RW 13C-31 C Phase to review conformed plans and specification, review approved submittals,complete badging process, complete vehicle registration process, and participate in in construction coordination meeting with PSP and the Contractor. • During the Convert TW C to RW 13C-31 C Phase,the RE, Field Inspectors 1 and 2 will be onsite to inspect pavement marking reconfiguration, inspect AFL and AFS reconfiguration,inspect NAVAID installation,and perform construction administration duties. The PA-CM will be onsite 3 days a week for document control,to prepare meeting minutes,and assist with construction administration duties. The CM will review daily reports,conduct the Weekly Construction Progress Meetings, and Coordinate as necessary with the Airport and the Contractor. • During the Close and Reconstruct RW 13R-31 L and Close RW 13L-31 R Phase,the RE, PA-CM, Field Inspectors 1, 2, and 3 will be onsite to inspect milling and paving operations, inspect AFL and AFS, and perform construction administration duties.The CM will review daily reports, conduct the Weekly Construction Progress Meetings, and Coordinate as necessary with the Airport and the Contractor. • During the Convert RW 13C-31C to TW C Phase,the RE, Field Inspectors 1 and 2 will be onsite to inspect pavement marking reconfiguration, inspect AFL and AFS reconfiguration,inspect NAVAID decommissioning,and perform construction administration duties. The PA-CM will be onsite for document control,to prepare meeting minutes,and assist with construction administration duties. The CM will review daily reports,conduct the Weekly Construction Progress Meetings, and Coordinate as necessary with the Airport and the Contractor. • During the Project Closeout Report and Final Acceptance Phase,the RE, Field Inspector 2 —AFL & NAVAIDS Electrical Engineer will be onsite to prepare the Project Closeout Report and inspect Final Punchlist Items. The PA-CM will be onsite for document control,to prepare meeting minutes, and assist with construction administration duties. The CM will review daily reports, conduct the Weekly Construction Progress Meetings, and Coordinate as necessary with the Airport and the Contractor. • There is no NAVAID work requiring electrical inspection associated with the RW 13R-31 L work. • At the time this scope of work and estimated level of effort were prepared,final plans, quantities, and the Contractor's schedule were not available. Therefore,these assumptions should be revisited as the project progresses through 100% PS&E Development and the Notice to Proceed and Mobilization Phases. • Testing Laboratory—QA Acceptance level of effort to be provided after final plans and quantities have been prepared. This will be in addition to the proposed cost of the Construction Management services noted in the level of effort. END OF SCOPE 720669 1 EXHIBIT `B" SCHEDULE OF COMPENSATION 720669_1 (PSP)Runway 13R-31 L Rehabilitation Construction All CIviI and Field Inspector2- V� Management Principal/Project Consnucton Constmcal Sr.Airport Electrical Field Inspector l- AL B N ""a Field Inspector Project Administration- uiM7 Mena r Mana er Manager-Electrical Resident Engineer Engineer Engineer Sr.quit EIK Engineer Civil Pavin CADD/DraPon Senior Administration CM Rare $232.50 1 Rate 5130.00 Rate E1 nu., Rate .W Reve $181 1 Rate Ill Hatel $90.00 I Rate f105.00 I atel 590.00 Rete $95.00 Rate f]5.00 Patel TOtals Hours Cost I Hours I Cost I Hours Cost Hours I Cost Hoursl Cost I Hours I Cost I Hours Cast I Hours I Cost I Houral Cost I Hours I Cost I Hours I Cost I Hours I Cost I HOure I Cost Construction Liamelismaird,Administration Rssidsm En need and Ms on Services /128 448210 Pro act Mana emenl Monthly Progress Re ns ono Invoicin 132 $30690 0 80 0 SO 0 $0 0 $0 0 $0 0 $0 0 $0 0 so 0 $0 80 $6000 0 $0 212 $36690 Project!En ineer 0 SO 84 $8,320 0 $0 0 $0 418 $78,000 248 $28,520 0 $0 0 SO 0 $0 160 $15.200 0 $0 0 $0 888 $130,040 Contraction Management and Administration 0 1 $0 i 478 1 $81,MO 1 0 $0 1 0 1 $0 1 0 1 $0 1 0 $D 0 $0 0 $o 0 $0 0 $0 0 $0 518 1 $33,540 992 $95,420 Resident E ineenn and Construction Ins Ilion 0 $0 0 $0 0 50 1.018 $94320 0 $0 0 $D 696 862640 0 $0 290 $26.100 0 $D 0 $D 0 $0 2 034 $183,060 Total Labor 9 0 B80 O40 200 0 1,11414 1 lial 1 418 78 000 I 248 28 520 1 8118 I VMZW 1 0 1 50 1 x90 8 100 1 180 18 200 1 80 1 $5,11100 1 518 3 540 4128 S 445210 SUBCONSULTANTS and ODC's CHKSUM 2,812 Tei Labored -C tanw BD Lean Polomeldcs-Labor $0 $0 BO $13600 EO $D M328609B $0 1148 $120,540 $0 $D $D $0 1,308 $143,340 Lean Reimbursable -OOC $33,048 Reimbursable OOC's 4135,330 Subconsulana and ODC's 0 ao 0 0 1 145 0 0 0 1 305 31t 713 CHKSUM 0Tool LeborarM OOCs 1Sx 540 80 1,048 418 1,148 790 180 80 518 5,4f4 5756,928 Lamas Alrf Par Subtotal:URS DDC Ex rises-Constru Time M$[aR tafl Ground Diem Vehicle Tohl Site Vists7 Week ConsVuction Prcq..s Meetings Weeks 15 4 1 $800 SD 348,000 Per Diem-Federal Rare 115 2 1 $171 439 330 Construction Vehicles-2 ea for 6 months(Monthly indul fuel and maim 6 2 1 $1500 $1B,D00 Consumables Non-Labor Ear $5,000 Re ra hics and Document Gonrml g25000 513E l30 ReVi310n1 UPS Fee Proposal Jan 26 20151 Fee Proposal Page 1 0l 1 1Q 15.2.30 PM