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HomeMy WebLinkAbout05962 - ADAMS COMPANIES LLC INDEPENDENT FEE ESTIMATES AIRPORT Kathie Hart From: Marjorie Kossler Sent: March 28, 2011 11:48 AM To: Kathie Hart; Jennifer Nelson �0 Cc: Janet Sheraton '( Subject: FW: A5962 -The Adams Companies Kahtie: �• We will be submitting the PO to close the agreement, so no Certificate of Insurance will be necessary. Thank you. Marjorie M. Kossler Palm Springs International Airport 3400 E. Tahquitz Canyon Way, Suite OFC Palm Springs, California 92262 Telephone: (760) 318-3800 Fax: (760) 318-3815 Marjorie.Kossler@palmsprings-ca.gov From: Kathie Hart Sent: Thursday, March 24, 2011 11:08 AM To: Marjorie Kossler Subject: A5962 -The Adams Companies Marjorie: In reviewing the file, their GL expired yesterday and the professional liability expired April 2010. May I ask you to contact them for updates? Thx! 944i Kathie Hart, CMC Chief Deputy City Clerk City of Palm Springs 3200 E. Tahquitz Canyon Way Palm Springs,CA 92262 (760) 323-8206 1 A (760) 322-8332 Kathie.Hart@Polm5pringsCA.gov Please note that City Hall is open 8 a.m. to 6 p.m.Monday through Thursday,and closed on Fridays at this time. n2/)Q/1 1 CONSULTING SERVICES AGREEMENT The Adams Company THIS AGREEMENT FOR CONSULTING SERVICES (the "Agreement") is made and entered into this first day of April, 2010, by and between the City of Palm Springs, a California charter city and municipal corporation ("City"), and The Adams Companies a Limited Liability Company, ("Consultant"). RECITALS A. City requires the services of an Independent Fee Consultant, for Environmental Planning Services and Design and Construction Management Services, ("Project"). B. Consultant has submitted to City a proposal to provide independent fee consulting, to City pursuant to the terms of this Agreement. C. Based on its experience, education, training, and reputation, Consultant is qualified to provide the necessary services to City for the Project and desires to provide such services. D. City desires to retain the services of Consultant for the Project. NOW, THEREFORE, in consideration of the promises and mutual agreements contained herein, City agrees to retain and does hereby retain Consultant and Consultant agrees to provide services to the City as follows: AGREEMENT 1. CONSULTANT SERVICES 1.1 Scope of Services. In compliance with all terms and conditions of this Agreement, Consultant shall provide Independent Fee Consulting services to City as described in the Scope of Services/Work attached to this Agreement as Exhibit "A" and incorporated herein by reference (the "services" or "work"), which includes the agreed upon schedule of performance and the schedule of fees. Consultant warrants that all services and work shall be performed in a competent, professional, and satisfactory manner in accordance with all standards prevalent in the industry. In the event of any inconsistency between the terms contained in the Scope of Services/Work and the terms set forth in the main body of this Agreement, the terms set forth in the main body of this Agreement shall govern. 1.2 Compliance with Law. All services rendered under this Agreement shall be provided by Consultant in accordance with all applicable federal, state, and local laws, statutes and ordinances and all lawful orders, rules, and regulations promulgated thereunder. j Revised'3/23/07 507639.2 ��yy 1.3 Licenses and Permits. Consultant shall obtain at its sole cost and expense such licenses, permits, and approvals as may be required by law for the performance of the services required by this Agreement. 1.4 Familiarity with Work. By executing this Agreement, Consultant warrants that it has carefully considered how the work should be performed and fully understands the facilities, difficulties, and restrictions attending performance of the work under this Agreement. 2. TIME FOR COMPLETION. The time for completion of the services to be performed by Consultant is an essential condition of this Agreement. Consultant shall prosecute regularly and diligently the work of this Agreement according to the agreed upon schedule of performance set forth in Exhibit "A." Consultant shall not be accountable for delays in the progress of its work caused by any condition beyond its control and without the fault or negligence of Consultant. Delays shall not entitle Consultant to any additional compensation regardless of the party responsible for the delay. 3. COMPENSATION OF CONSULTANT 3.1 Compensation of Consultant. For the services rendered pursuant to this Agreement, Consultant shall be compensated and reimbursed, in accordance with the schedule of fees set forth in Exhibit 'A," which total amount shall not exceed $9,500.00. 3.2 Method of Payment. In any month in which Consultant wishes to receive payment, Consultant shall no later than the first working day of such month, submit to City in the form approved by City's finance director, an invoice for services rendered prior to the date of the invoice. Payments shall be based on the rates as set forth in Exhibit "A" for authorized services performed. City shall pay Consultant for all expenses stated thereon, which are approved by City consistent with this Agreement, within thirty (30) days of receipt of Consultant's invoice. 3.3 Changes. In the event any change or changes in the Scope of Services/Work is requested by City, the parties hereto shall execute a written amendment to this Agreement, setting forth with particularity all terms of such amendment, including, but not limited to, any additional fees. An amendment may be entered into: A. To provide for revisions or modifications to documents or other work product or work when documents or other work product or work is required by the enactment or revision of law subsequent to the preparation of any documents, other work product, or work; B. To provide for additional services not included in this Agreement or not customarilyfurnished in accordance with generally accepted practice in Consultant's 9 Y p profession. 2 Revised:3/23/07 507639.2 3.4 Appropriations. This Agreement is subject to and contingent upon funds being appropriated therefore by the City Council of City for each fiscal year covered by the Agreement. If such appropriations are not made, this Agreement shall automatically terminate without penalty to City. 4. PERFORMANCE SCHEDULE 4.1 Time of Essence. Time is of the essence in the performance of this Agreement. 4.2 Schedule of Performance. All services rendered pursuant to this Agreement shall be performed pursuant to the agreed upon schedule of performance set forth in Exhibit "A." The extension of any time period must be approved in writing by the Contract Officer. 4.3 Force Maieure. The time for performance of services to be rendered pursuant to this Agreement may be extended because of any delays due to unforeseeable causes beyond the control and without the fault or negligence of Consultant, including, but not limited to, acts of God or of a public enemy, acts of the government, fires, earthquakes, floods, epidemic, quarantine restrictions, riots, strikes, freight embargoes, and unusually severe weather if Consultant shall within ten (10) days of the commencement of such condition notify the Contract Officer who shall thereupon ascertain the facts and the extent of any necessary delay, and extend the time for performing the services for the period of the enforced delay when and if in the Contract Officer's judgment such delay is justified, and the Contract Officer's determination shall be final and conclusive upon the parties to this Agreement. 4.4 Term. Unless earlier terminated in accordance with Section 9.5 of this Agreement, this Agreement shall continue in full force and effect for a period of two months, commencing on April 1, 2010, and ending on May 31, 2010, unless extended by mutual written agreement of the parties. 5. COORDINATION OF WORK 5.1 Representative of Consultant. The following principal of Consultant is hereby designated as being the principal and representative of Consultant authorized to act in its behalf with respect to the services and work specified herein and make all decisions in connection therewith: Gary Adams, President. It is expressly understood that the experience, knowledge, education, capability, 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 hereunder. The foregoing principal may not be changed by Consultant without prior written approval of the Contract Officer. 5.2 Contract Officer. The Contract Officer shall be the City Manager, or his/her designee. It shall be the Consultant's responsibility to keep the Contract Officer, or his/her designee, fully informed of the progress of the performance of the services 3 Revised:3/23/07 507639,2 and Consultant shall refer any decisions that must be made by City to the Contract Officer. Unless otherwise specified herein, any approval of City required hereunder shall mean the approval of the Contract Officer. 5.3 Prohibition Against Subcontracting or Assignment. The experience, knowledge, education, capability, and reputation of Consultant, its principals and employees, were a substantial inducement for City to enter into this Agreement. Therefore, Consultant shall not contract with any other individual or entity to perform in whole or in part the services required hereunder without the express written approval of City. In addition, neither this Agreement nor any interest herein may be assigned or transferred, voluntarily or by operation of law, without the prior written approval of City. 5.4 Independent Contractor. Neither City nor any of its employees shall have any control over the manner, mode, or means by which Consultant, its agents or employees, perform the services required herein, except as otherwise set forth herein. Consultant shall perform all services required herein as an independent contractor of City and shall not be an employee of City and shall remain at all times as to City a wholly independent contractor with only such obligations as are consistent with that role; however, City shall have the right to review Consultant's work product, result, and advice. Consultant shall not at any time or in any manner represent that it or any of its agents or employees are agents or employees of City. 5.5 Personnel. Consultant agrees to assign the following individuals to perform the services set forth herein. Consultant shall not alter the assignment of the following personnel without the prior written approval of the Contract Officer. Acting through the City Manager, the City shall have the unrestricted right to order the removal of any personnel assigned by Consultant by providing written notice to Consultant. Name: Title: Gary Adams President 6. INSURANCE Consultant shall procure and maintain, at its sole cost and expense, policies of insurance as set forth in Exhibit "B," which is attached hereto and is incorporated herein by reference. Automobile coverage is not required as there will no onsite visits. 7. INDEMNIFICATION. To the fullest extent permitted by law, Consultant shall defend (at Consultant'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 4 Revised:3/23/07 507639.2 not limited to Claims arising from injuries to or death of persons (Consultant'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 Consultant, its officers, employees, representatives, and agents, which Claims arise out of or are related to Consultant's performance under this Agreement, but excluding such Claims arising from the 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 Consultant's indemnification obligation or other liability hereunder. 8. RECORDS AND REPORTS 8.1 Reports. Consultant shall periodically prepare and submit to the Contract Officer such reports concerning the performance of the services required by this Agreement as the Contract Officer shall require. 8.2 Records. Consultant shall keep such books and records as shall be necessary to properly perform the services required by this Agreement and 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. 8.3 Ownership of Documents. All drawings, specifications, reports, records, documents, and other materials prepared by Consultant in the performance of this Agreement shall be the property of City and shall be delivered to City upon request of the Contract Officer or upon the termination of this Agreement, and Consultant shall have no claim for further employment or additional compensation as a result of the exercise by City of its full rights or ownership of the documents and materials hereunder. Consultant may retain copies of such documents for its own use. Consultant shall have an unrestricted right to use the concepts embodied therein. 8.4 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. 8.5 Cost Records. Consultant shall maintain all books, documents, papers, employee time sheets, accounting records, and other evidence pertaining to costs incurred while performing under this Agreement and shall make such materials available at its offices at all reasonable times during the term of this Agreement and for three (3) years from the date of final payment for inspection by City and copies thereof shall be promptly furnished to City upon request. 9. ENFORCEMENT OF AGREEMENT 9.1 . California Law. This Agreement shall be construed and interpreted both as to validity and to performance of the parties in accordance with the laws of the State 5 Revised:3/23/07 507639.2 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. 9.2 Waiver. No delay or omission in the exercise of any right or remedy of a non-defaulting party on any default shall impair such right or remedy or be construed as a waiver. No consent or approval of City shall be deemed to waive or render unnecessary City's consent to or approval of any subsequent act of Consultant. Any waiver by either party of any default must be in writing and shall not be a waiver of any other default concerning the same or any other provision of this Agreement. 9.3 Rights and Remedies are 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. 9.4 Legal Action. In addition to any other rights or remedies, either party may take legal action, in law or in equity, to cure, correct, or remedy any default, to recover damages for any default, to compel specific performance of this Agreement, to obtain injunctive relief, a declaratory judgment, or any other remedy consistent with the purposes of this Agreement. 9.5 Termination Prior to Expiration of Term. City reserves the right to terminate this Agreement at any time, with or without cause, upon thirty (30) days written notice to Consultant, except that 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 receipt of the notice of termination, Consultant shall immediately cease all services hereunder except such as may be specifically approved by the Contract Officer. Consultant shall be entitled to compensation for all services rendered prior to receipt of the notice of termination and for any services authorized by the Contract Officer thereafter. Consultant may terminate this Agreement, with or without cause, upon thirty (30) days written notice to City. 10. CITY OFFICERS AND EMPLOYEES; NON-DISCRIMINATION 10.1 Non-Liabillityof CiikL Officers and Employees. No officer or employee of City shall be personally liable to the Consultant, or any successor-in-interest, in the event of any default or breach by City or for any amount which may become due to the Consultant or its successor, or for breach of any obligation of the terms of this Agreement. 10.2 Covenant Against Discrimination. Consultant covenants that, by and for itself, its heirs, executors, assigns, and all persons claiming under or through them, 6 Revised:3/23/07 507639.2 that there shall be no discrimination or segregation in the performance of or in connection with this Agreement regarding any person or group of persons on account of race, color, creed, religion, sex, marital status, disability, sexual orientation, national origin, or ancestry. 11. MISCELLANEOUS PROVISIONS 11.1 Notice. Any notice, demand, request, consent, approval, or communication either party desires or is required to give to the other party or any other person shall be in writing and either served personally or sent by pre-paid, first-class mail to the address set forth below. Either party may change its address by notifying the other party of the change of address in writing. Notice shall be deemed communicated seventy-two (72) hours from the time of mailing if mailed as provided in this Section. To City: City of Palm Springs Palm Springs International Airport 3400 E. Tahquitz Canyon Way, Suite OFC Palm Springs, CA 92262 To Consultant: The Adams Companies 1508 W. Tara Drive Gilbert, AZ 85233 11.2 Integrated Agreement. This Agreement contains all of the agreements of the parties and cannot be amended or modified except by written agreement. 11.3 Amendment. This Agreement may be amended at any time by the mutual consent of the parties by an instrument in writing. 11.4 Severability. In the event that any one or more of the phrases, sentences, clauses, paragraphs, or sections contained in this Agreement shall be declared invalid or unenforceable by valid judgment or decree of a court of competent jurisdiction, such invalidity or unenforceability shall not affect any of the remaining phrases, sentences, clauses, paragraphs, or sections of this Agreement, which shall be interpreted to carry out the intent of the parties hereunder. 11.5 Authority. The persons executing this Agreement on behalf of the parties hereto warrant that they are duly authorized to execute this Agreement on behalf of said parties and that by so executing this Agreement the parties hereto are formally bound to the provisions of this Agreement. [SIGNATURE PAGE SEPARATELY ATTACHED] 7 Revised:3/23107 507639,2 IN WITNESS WHEREOF, the parties have executed this Agreement as of the dates stated below. "CITY" City of Palm Springs Date: �n. lD By:- . •.. �� David H. Ready City Manager APPROVED By CITY MANAGER APPROVED AS TO FORM: ATTEST By: � By. (Dougl t. HQIIaM, mes Thompson, City orney 6Aity Clerk "CONSULTANT" The Adams Company, LLC. Date: By : A&ei2� Ga s President Date: I I f�l° Paiw& S. 04G Name: ecretary 1 Not To Exceed $ Without The Expr ss Written Authorization Of The City Mangy ,e.r 8 Revised'3/23/07 507639.2 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of-68fifanrttai County of�f L 49, On 51I?'_ 1U. . before me, Date Here Werl Namet aid -We of the personally appeared�_.. Vv�S O�tM/� 1'dWcw� �CI 5— Rat v+ eh:� who proved to me on the basis of satistactory evidence to be the person(s) whose nanse{s) Ware subscribed to the within instrument and ackrKmiedged to me that YOUN helsheAhey execrated the same in histherAheir authorized pPRY P capacity(ies).and that Instrument the pperson(s),hosr the herrtieir ty upopon�behalf t the which the person(s)acted,executed the instuumenL I certify under PENALTY OF PERJURY under the laws of the State of that the foregoing paragraph is R�DPA true and correct i Zoyuo'_ IfaEs� WITNESS my hand and official seal. Alacu Notary s�ai ae n e Signature_ maw ~----- OPTIONAL Though the infarmation below is not mquked by law.it m4y prove s aluatd a to pemMs redyyhtg nn fhe doeWWt and could prewW fraudident removal and rsaHachrrfe►+t of this br.rr to aw0wr dvcurn tnt. Description of Attached Document Title or"type of Document: Document Date._ Number of Pages: Signer(s)Other Than Named Above_ Capecity(ies)Claimed by Signer(s) Signer's Name: Signer's Name:_____ 0 Individual O Individual 0 Corporate Officer—Title(s): L1.Corporate Officer—Title(s): .M, © Partner—Lt limited ❑Cameral ❑Partner--❑Limited ❑General © Attorney in Fact ❑Attorney in Fact ❑ Trustee fop of mumb nwe ©Trustee rap ui tlwmb nsre 0 Guardian or Conservator ©Guardian or Conservator ❑ Other: _ 0 Other: Signer Is Representing: Signer Is resenfing: A2a47Na11aialyopffgAaaocralbn•435at]'rSaW�a.PO.Bcac2402•ChamwrOh.Cd1D1313�dt�•wwuMsGoru�lo�ry.d� WArniY5B07 nearke:Cel'IRigq�Vre1�d0N'7tS-IIRT'7 9 Revised:3/23107 507639.2 EXHIBIT "Al) CONSULTANT'S SCOPE OF SERVICES/WORK Including, Schedule of Fees And Schedule of Performance Summary of Fees: IFE: Environmental Planning Services Task 1: $5,000.00 Task 2: Not to Exceed $500.00 ($125 x 4 hours) IFE: Security Fencing Design and Construction Task 1: $3,500.00 Task 2: Not to Exceed $500.00 ($125 x 4 hours) Total F No To Exceed = 9 500.00 ota Fees t $ , 10 Revised:3/23/07 507639.2 The Adams Companies 1508 W Tara Drive Gilbert,Arizona 85233 Phone:602-708-1177 E-mail:gary@thesdammompaniea.biz February 19,2010 Mr.Thomas Nolan,A.A.E. Executive Director Palm Springs International Airport Suite OFC 3400 East Tahquitz Canyon Way Palm Springs,California 92262 Re: Qualifications for an Independent Fee Estimate for Environmental Planning Services Dear Mr.Nolan: In response to your request for a proposal for the Palm. Springs International Airport, The Adams Companies (TAC) is pleased to submit the following statement, proposal and work scope for an Independent Fee Estimate(IFE)for Environmental Planning Services. TAC is a small firm established in 2005 that provides aviation consultation services to airports primarily in the Southwest U.S. TAC prides itself on providing high-quality professional services that result in a high percentage of repeat clients. The Adams Companies has the following outstanding capabilities to bring to this assignment: • Availability: TAC is completing projects at Scottsdale and Marana Airports and can begin work immediately on this analysis and complete the assignment within 10 days. • Relevant Experience: TAC has completed projects similar to those described in your request.We have significant experience in all aspects of independent fee analysis for Federal Aviation Administration(FAA)Airport Improvement Program(AIP)grant programs. • Relationship with FAA: Mr. Adams retired as the Arizona Department of Transportation (ADOT) Aeronautics Division Director after 25 years, and has excellent working relationships with numerous FAA personnel. These relationships allow TAC to effectively and efficiently perform all agency coordination. • Page 2 February 19,2010 This proposal and attached work scope are designed to address the overall needs of the Palm Springs International Airport for completing an Independent Fee Estimate in a well- coordinated and timely manner. Our fee for the proposed scope of services in Task 1 is a lump sum fee of$5,000.00. The work shall be completed within 10 days of the notice to proceed and the receipt of necessary review materials including the following: 1)A copy of the solicitation for project services;2) The consultant's qualifications proposal; 3) Consultant's proposed scope of work, as approved by the FAA. The cost estimate for the optional services in Task 2, if required, would be based on an hourly rate of$125.00,not to exceed$2,000.00. We understand the importance of this effort to the City of Palm Springs and the Palm Springs International Airport. We know that during these tight economic times,the Airport needs additional funding options and creative problem solving to help complete much needed improvements. TAC is committed to providing the resources and expertise required to provide you with the most cost-effective,timely consulting services available. Thank you for considering The Adams Companies for this assignment. For more background information on The Adams Companies, please visit our website at: http-//www.theadainscompanies.biz/index.httnl. We look forward to your favorable review of our submission for this project. Please do not hesitate to contact me at 602-708-1177, or via email at gary(a7theadamscompanies.biz, if you have any questions or desire further information. Sincerely, The Adams Companies on A�M� Gary Adams President February 19,2010 EXKMIT A PALM SPRINGS INTERNATIONAL AIRPORT INDEPENDENT FEE ESTIMATE FOR AIRPORT ENVIRONMENTAL PLANNING SERVICES SCOPE OF WORK AND FEE ESTIMATE Introduction: The City of Palm Springs will soon complete a study to update the Palm Springs International Airport Master Plan. The next phase will require the services of a consultant to complete environmental documentation prior to design and construction of future airport capital improvements. The ultimate goal of this phase is to provide the airport,the FAA,and the environmental agencies with an assessment of the environmental impacts and appropriate mitigations needed for aviation development at the Palm Springs International Airport. In order to complete the necessary environmental clearances, the City of Palm Springs, as owner of the Palm Springs International Airport, is about to enter into contract fee negotiations with the airport planning consultant fern of HNTB Corporation (Consultant), after selecting them based on qualifications. In accordance with FAA consultant selection guidelines,the City of Palm Springs is requesting TAC to submit a proposal and work scope for an Independent Fee Estimate (IFE) on the scope of services to be provided by the selected consultant. The scope of services that TAC proposes for the IFE is as follows: Task 1: Develop Independent Fee Estimate a) TAC will review the scope of services developed by the Consultant(s) and the Palm Springs International Airport. The scope will be reviewed task-by-task to ensure that all required services for the Study, based on TAC's professional judgment, are thoroughly addressed in accordance with FAA guidelines for studies of this type, including the most recent EPA Regulations, FAA Advisory Circulars, FAA Airport Environmental Handbook and CEQA. b) TAC will provide to the Palm Springs International Airport a cost breakdown structure and cost estimate by task. The cost breakdown structure will consider the level of staff skills necessary to effectively complete each task, staff man-hours, and any other cost considerations, i.e. direct costs which may be needed for the acquisition of data or travel- related expenses. This cost breakdown will be similar in format to Appendix F of AC 150/5100-14D. • Page 2 February 19,2010 c) TAC will provide a detailed cover letter with an explanation of costs and a separate comprehensive spreadsheet of the independent fee estimate to the Palm Springs International .Airport,both in hard copy(if requested)and electronic format. Task 2: Optional Tasks(A and B) A) As provided for in FAA AC 150/5100-14D, Section 2-11, if requested by the Palm Springs International Airport and before finalization of the environmental work scope,TAC will be available to attend (via phone) scoping meetings and provide advice and recommendations. Such scoping meetings offer the opportunity for refinement,amendment, and complete definition of the services to be rendered. Specifically, TAC will be available, during negotiations for environmental consultation to clarify problem areas and assist in the development of a well-defined project description and scope of services between the Palm Springs International Airport and HNTB prior to negotiating the project fee.However,TAC is prohibited from attending any fee negotiations, as outlined in AC 150/51.00-1.4D,Sections 2-1 I through 2-13. B) If requested by the Palm Springs International Airport and after completion of the IFE, TAC will be available during negotiations for consultation to clarify problem areas, but not to review the Consultant's Fee proposal or attend any fee negotiating sessions as provided in AC 150/5100-14D, Section 2-13. Fee: Our fee for the proposed scope of services in Task 1 is a lump sum of$5,000.00. The work shall be completed within 1.0 days of the notice to proceed and the receipt of necessary review materials including the following: 1)A copy of the solicitation for project services;2) The consultant's qualifications proposal; 3) Consultant's proposed scope of work, as approved by the FAA. The cost estimate for the optional services in Task 2, if required, would be based on an hourly rate of$125.00,not to exceed$2,000.00. TAC's Federal ID number is 76-0823239. TAC's billing address is: The Adams Companies, LLC 1508 W.Tara Dr. Gilbert,AZ 85233 602-708-1177 The Adams Companies 1508 W Tara Drive Gilbert,Arizona 85233 Phone:602-708-1177 E-mail:gary@tbeadanmompanie.biz February 19,2010 Mr.Thomas Nolan,A.A.E. Executive Director Palm Springs International Airport Suite OFC 3400 East Tahquitz Canyon Way Palm Springs,California 92262 Re: Qualifications for an Independent Fee Estimate (IFE) for Design and Construction Management Services Dear Mr.Nolan: In response to your request for a proposal for the Palm Springs international Airport, The Adams Companies (TAC) is pleased to submit the following statement, proposal and work scope for an Independent Fee Estimate. TAC is a small firm established in 2005 that provides aviation consultation services to airports primarily in the Southwest U.S. TAC prides itself on providing high-quality professional services that result in a high percentage of repeat clients. The Adams Companies has the following outstanding capabilities to bring to this assignment: • Availability: TAC is completing projects at Scottsdale and Marana Airports and can begin work immediately on this analysis and complete the assignment within 1.0 days. • Relevant Experience: TAC has completed projects similar to those described in your request. We have significant experience in all aspects of airport development projects and independent fee analysis for Federal Aviation Administration (FAA) Airport Improvement Program(AIP)grant programs. • Relationship with FAA: Mr. Adams retired as the Arizona Department of Transportation (ADOT) Aeronautics Division Director after 25 years, and has excellent working relationships with numerous FAA personnel. These relationships allow TAC to effectively and efficiently perform all agency coordination. • Page 2 February 19,2010 This proposal and attached work scope"Exhibit A"are designed to address the overall needs of the Palm Springs International Airport for completing an Independent Fee Estimate in a well-coordinated and timely manner. Our fee for the proposed scope of services in Task 1 is a lump sum fee of$3,500.00. The work shall be completed within 10 days of the notice to proceed and the receipt of necessary review materials including the following: 1)A copy of the solicitation for project services;2) The consultant's qualifications proposal; 3) Consultant's proposed scope of work, as approved by the FAA. The cost estimate for the optional services in Task 2, if required, would be based on an hourly rate of$125.00 We understand the importance of this effort to the City of Palm Springs and the Pahn Springs International Airport. We know that during these tight economic times,the Airport needs additional funding options and creative problem solving to help complete much needed improvements. TAC is committed to providing the resources and expertise required to provide you with the most cost-effective,timely consulting services available. Thank you for considering The Adams Companies for this assignment. For more background information on The Adams Companies, please visit our website at: http://www.theadamscompanies.biz✓index.html. We look forward to your favorable review of our submission for this project. Please do not hesitate to contact me at 602-708-1177, or via email at gaa&dieadamscompanies.biz, if you have any questions or desire further information. Sincerely, The Adams Companies Gary Adams President February 19,2010 EXHMIT A PALM SPRINGS INTERNATIONAL AIRPORT INDEPENDENT FEE ESTIMATE DESIGN AND CONSTRUCTION MANAGEMENT SERVICES FOR THE AIRPORT PERIMETER FENCE REPLACEMENT PROJECT SCOPE OF WORK AND FEE ESTIMATE Introduction: The City of Palm Springs will soon begin a construction project to replace approximately 10,000 linear feet of airport perimeter fencing at the Palm Springs International Airport. The construction includes nearly 600 linear feet of block wall and remote security cameras and sensors. RS&H has been selected as the design team and construction managers for the project. The goal of this project is to provide the airport and the traveling public with a safer and more secure transportation system at the Palm Springs International Airport. In order to complete the fencing replacement project,the City of Palm Springs, as owner of the Palm Springs International Airport, is about to enter into contract fee negotiations with the airport engineering consultant furn of RS&H Corporation (Consultant), after selecting them based on qualifications. In accordance with FAA consultant selection guidelines, the City of Palm Springs is requesting TAC to submit a proposal and work scope for an Independent Fee Estimate (IFE) on the scope of services to be provided by the selected consultant. The scope of services that TAC proposes for the IFE is as follows: Task 1:Develop Independent Fee Estimate a) TAC will review the scope of services developed by the Consultant(s) and the Palm Springs International Airport. The scope will be reviewed task-by-task to ensure that all required services for the Project, based on TAC's professional judgment, are thoroughly addressed in accordance with FAA guidelines for projects of this type, including the most recent FAA Advisory Circulars. b) TAC will provide to the Palm Springs International Airport a cost breakdown structure and cost estimate by task. The cost breakdown structure will consider the level of staff skills necessary to effectively complete each task, staff man-hours, and any other cost considerations, i.e. direct costs which may be needed for the acquisition of data or travel- 0 Page 2 February 19, 2010 related expenses. This cost breakdown will be similar in format to Appendix F of AC 150/5100-14D. c) TAC will provide a detailed cover letter with an explanation of costs and a separate comprehensive spreadsheet of the independent fee estimate to the Palm Springs International Airport,both in hard copy(if requested)and electronic format. Task 2: Optional Tasks If requested by the Palm Springs International Airport and after completion of the IFE,TAC will be available during negotiations for consultation to clarify problem areas, but not to review the Consultant's Fee proposal or attend any negotiating sessions as provided in AC 150/5100-14D,Section 2-13. Fee: Our fee for the proposed scope of services in Task 1 is a lump sum of$3,500.00. The work shall be completed within 10 days of the notice to proceed and the receipt of necessary review materials including the following: 1)A copy of the solicitation for project services;2) The consultant's qualifications proposal; 3) Consultant's proposed scope of work, as approved by the FAA. The cost estimate for the optional services in Task 2, if required, would be based on an hourly rate of$125.00. TAC's Federal ID number is 76-0823239. TAC's billing address is: The Adams Companies,LLC 1508 W.Tara.Dr. Gilbert,AZ 85233 602-708-1177 EXHIBIT "B" INSURANCE PROVISIONS Including Verification of Coverage, Sufficiency of Insurers, Errors and Omissions Coverage, Minimum Scope of Insurance, Deductibles and Self-Insured Retentions, and Severability of Interests (Separation of Insureds) 11 Revised:3/23/07 507639.2 Insurance Consultant shall procure and maintain, at its sole cost and expense, and submit concurrently with its execution of this Agreement, in a form and content satisfactory to the City, public liability and property damage insurance against all claims for injuries against persons or damages to property resulting from Consultant's performance under this Agreement. Consultant shall also carry workers' compensation insurance in accordance with California workers' compensation laws. Such insurance shall be kept in full force and effect during the term of this Agreement, including any extension thereof, and shall not be cancelable without thirty (30) days advance written notice to City of any proposed cancellation. Certificates of insurance evidencing the foregoing and designating the City, its elected officials, officers, employees, agents, and volunteers as additional named insureds by original endorsement shall be delivered to and approved by City prior to commencement of services. The procuring of such insurance and the delivery of policies, certificates, and endorsements evidencing the same shall not be construed as a limitation of Consultant's obligation to indemnify City, its elected officials, officers, agents, employees, and volunteers. A. Minimum Scope of Insurance. The minimum amount of insurance required hereunder shall be as follows: 1. Comprehensive general liability and personal injury with limits of at least one million dollars ($1,000,000.00) combined single limit coverage per occurrence and two million dollars ($2,000,000) general aggregate; and 2. Professional liability (errors and omissions) insurance with limits of at least one million dollars ($1,000,000.00) per occurrence and two million dollars ($2,000,000) annual aggregate; and 3. Workers' Compensation insurance in the statutory amount as required by the State of California and Employer's Liability Insurance with limits of at least one million dollars $1 million per occurrence. If Consultant has no employees, Consultant shall complete the City's Request for Waiver of Workers' Compensation Insurance Requirement form. For any claims related to this Agreement, Consultant's insurance coverage shall be primary insurance as respects City and its respective elected officials, officers, employees, agents, and volunteers. Any insurance or self-insurance maintained by City and its respective elected officials, officers, employees, agents, and volunteers shall be in excess of Consultant's insurance and shall not contribute with it. For Workers' Compensation and Employer's Liability Insurance only, the insurer shall waive all rights of subrogation and contribution it may have against City, its elected officials, officers, employees, agents, and volunteers. B. Errors and Omissions Coverane. If Consultant provides claims made professional liability insurance, Consultant shall also agree in writing either (1) to purchase tail insurance in the amount required by this Agreement to cover claims made ]2 Revised:3/23/07 507639.2 within three years of the completion of Consultant's services under this Agreement, or (2) to maintain professional liability insurance coverage with the same carrier, or equivalent coverage with another company, in the amount required by this Agreement for at least three years after completion of Consultant's services under this Agreement. Consultant shall also be required to provide evidence to City of the purchase of the required tail insurance or continuation of the professional liability policy. C. Sufficiency of Insurers. Insurance required herein 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 with an A.M. Best's Key Rating of B++, Class VII, or better, unless otherwise acceptable to the City. D. Verification of Coverage. Consultant shall furnish City with both certificates of insurance and endorsements, including additional insured endorsements, effecting all of the coverages required by this Agreement. The certificates and endorsements are to be signed by a person authorized by that insurer to bind coverage on its behalf. All proof of insurance is to be received and approved by the City before work commences. City reserves the right to require Consultant's insurers to provide complete, certified copies of all required insurance policies at any time. Additional insured endorsements are not required for Errors and Omissions and Workers' Compensation policies. Verification of Insurance coverage may be provided by: (1) an approved General 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). 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 an of the above described policies be canceled before the Y expiration date thereof, the issuing company will mail 30 days written notice to the Certificate Holder named." 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. In addition to the endorsements listed above, the City of Palm Springs shall be named the certificate holder on the policies. All certificates of insurance and endorsements are 13 Revised:3/23/07 to be received and approved by the City before work commences. All certificates of insurance must be authorized by a person with authority to bind coverage, whether that is the authorized agent/broker or insurance underwriter. Failure to obtain the required documents prior to the commencement of work shall not waive the Consultant's obligation to provide them. E. Deductibles and Self-Insured Retentions. Any deductibles or self- insured retentions must be declared to and approved by the City prior to commencing any work or services under this Agreement. At the option of the City, either the insurer shall reduce or eliminate such deductibles or self-insured retentions as respects the City, its elected officials, officers, employees, agents, and volunteers; or, Consultant shall procure a bond guaranteeing payment of losses and related investigations, claim administration, and defense expenses. Certificates of Insurance must include evidence of the amount of any deductible or self-insured retention under the policy. Consultant guarantees payment of all deductibles and self-insured retentions. F. Severability of Interests (Separation of Insureds). This insurance applies separately to each insured against whom claim is made or suit is brought except with respect to the limits of the insurer's liability. 14 Revised:3/23107 507639.2