HomeMy WebLinkAbout5/4/2005 - STAFF REPORTS (21) CITY COUNCIL May 4, 2005
NEW BUSINESS
SUBJECT: AWARD OF THE CONSTRUCTION CONTRACT TO AMD
CONSTRUCTION, INC FOR — EXPAND
TERM INAL/HOLDROOMS — ADD CHECKPOINT PROJECT (AIP
3-06-0181-37 AND 38, CITY PROJECT NO. 2005-01)
FROM: David H. Ready, City Manager
BY: Director of Aviation
SUMMARY:
The City Council will consider awarding a construction contract for the Expand
Terminal/Holdrooms-add Checkpoint project at the Palm Springs International
Airport to AMD Construction Group, Inc. in the amount of $2,780,000 and
establish project administration parameters subject to the approval of the Federal
Aviation Administration (FAA).
RECOMMENDATION:
1. Adopt Resolution No. "A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF PALM SPRINGS, CALIFORNIA APPROVING AN AGREEMENT
WITH AMD CONSTRUCTION GROUP, INC. IN THE AMOUNT OF $2,780,000.
FOR THE EXPAND TERM I NAL/HOLD ROOMS-ADD CHECKPOINT PROJECT
AT THE PALM SPRINGS INTERNATIONAL AIRPORT (AIP 3-06-0181-37 AND
38 CITY PROJECT 2005-01, ESTABLISHING THE PROJECT
ADMINISTRATOR AND ADMINISTRATION PARAMETERS."
2. Authorize the City Manager to execute all necessary contract documents.
STAFF ANALYSIS:
At its February 16, 2005 meeting the City Council approved Minute Order No.
7638 adopting the plans and specification for City Project No. 2005-01, Expand
Terminal/Holdrooms-Add Security Checkpoint, and directed staff to proceeds
with the solicitation of bids.
Bids for the Expand Term inal/H old room s-add Checkpoint project (AIP 3-06-0181-
37,-38, City Project 2005-01), were received on April 13, 2005.
Bidder Base BID
AMD Construction Group, Inc. $2,780,000
HBH Construction, Inc. $3,495,272
B.E. McMurray Construction, Inc. $2,893,000
Item No. 5 . C .
This action will allow for the construction and expansion/modification of the Palm
Springs International Airport to provide additional Passenger Security Screening
Lanes. Attached is a schematic design of the new Security Screening Lanes and
Office space.
After reviewing all of the bids the lowest responsive, responsible bidder is AMD
Construction Group, Inc, at a bid price of$2,780,000.
Attached is the complete unit cost bid tabulation as well as a Resolution for City
Council consideration. The Resolution awards the contract to AMD Construction
Group, Inc., and appoints the Director of Aviation as the Project Administrator
and authorizes the Project Administrator, subject to City Manager approval, to
approve Change Orders up to 5% of the total base bid.
FISCAL IMPACT
Total bid cost of $2,780,000 with authority for change orders in the amount of
$139,000.
The work referenced within this amendment is eligible for reimbursement via
Airport Improvement Program (AIP) grant 37 and 38 from the Federal Aviation
Administration (FAA), which will cover 95% of the cost.
Richard S. Walsh, A.A.E. BrucetJohlnson, CPPO,C.P.M.
Director of Aviation Procurement & Contracting Manager
David H. Ready
City Manager
Attachments:
1. Resolution
2. Checkpoint Schematic
3. Unit Cost Bid Tabulation
4. Agreement
REVIEWED BY DEFT. OF FINANCE
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Palm Springs International Airport AIR 3-06-0181-37,33
Bid Tabulation Form and Award Recommendation City Project:2005-01
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Bidder/Genera[Contractar
UsAa ime Received Bid 1400 1400 Late 1400
Bid Form Signed(YIN) YY yy YY
Exceptions(YIN) N N
State License#(YIN) YY YY YY STATEMENT-LICENSE
#
Insurance(YIN) NA NA NA AFTER AWARD
Addenda Acknowledged(YIN) Yy YY YY
Bid Bond(YIN) YY Yy YY
DSEf49CFR Part 26{YIN) YY YY N
(MCMURRAY Did not check the appropriate box(minor descrepancy)form 1 properly,
Good Faith(YIN) added remarks to see attached DBE list,zero DBE participation assumed/Submitted
Good Faith Documentation). (AMD Indicated they would submit'Good Faith
NA NA YN Documentation and would exceed the minimum percentage.)
Equal Opportunity Statement tY/N) YY YY YY
Nan-Collusion Statement(YIN) YY YY YY
Certification/DebarmenVExclusion(YIN) YY YY YY
AffinnativeAction YY YY NN (MCMURRAY:Did not sign and include the Affirmative Action statement)
Listof Subs YY YY YY (HBH:Did not have percentages indicated for all subs on the list)
Statement of Qualifications YY YY yy
Non Segragated Facilities Cert(YIN) Yy YY YY
(AMD:Requested DBE certifications andlor Good Faith documentation he submitted
within five calendar days from bid date.They submitted the DBE certifications for
Ve ify DBE/Good Faith Caplinger Construction and Liberty Climate Control:However,in our check on
certifications these MBE's have not maintained DBE certification with CUCP or
clearinghouse with reproprosity.However,AMD has submitted their Good Faith
YY NA NA NA Documentation in lieu of DBE participation.)
I..ump Sum Bid $2,780,000 $3,495,272 Not Opened $2,893,000
Responsive Bidder(YIN) YY YY N N AMD Constmction is the responsive low bidderforthis Project.
Were negotiations Held? YES_ (IF yes attach a.memo
(�of the n"tions) NO: XX
SigmQ by Parsons Project Manager.T lLQui,L`1 S Date:
Signed by City of Palm Sprigs Director of Aviation. ` W Date:
Approved by City of Palm Springs Procurement&Contracts: ✓ Date: 1
4/19/2005
Checkpoint Pre-Bid Response-Non Response Checklist.xis PSP Contractor Bid-ALL(2) Pagel
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I CONTRACT AGREEMENT
PALM SPRINGS INTERNATIONAL AIRPORT
FAA AIP PROJECT NO. 3-06-0181-37, -38
CITY PROJECT NO. 2005-01
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EXPAND TERMINAL/HOLDROOMS -ADD CHECK POINT PHASE 3
THIS AGREEMENT,made and entered into this day of
2005, by and between the City of Pahn Springs, California, Party of the First Part, and
Contractor,Party of the Second Part.
WITNESSETH:
Article 1. For and in consideration of the payments and agreements hereinafter mentioned,to be made and
performed by the said Party of the First Part, and under the conditions expressed in the bonds bearing even date to
these presents and hereunto annexed, said Party of the Second Part agrees with said party of the First Part, at his or
her own proper cost and expense, to do all the work and furnish all materials, except such as are mentioned in the
specifications to be furnished by said Party of the First Part, necessary to complete in good workmanlike and sub-
stantial mauler all of the work for: Improvements to Pahn Springs International Airport, FAA AIP Project No. 3-
06-0181-37, -38, City Project No. 2005-01, in accordance with the drawings, proposal, description of work, and
special provisions therefor, and also in accordance with the technical specifications for this project, at the first pub-
lication of the Invitation for Bids, and all other codes and ordinances referred to and thereby made a part hereof.
The limits and location of said work to be done is shown upon the City of Palm Springs Drawings entitled
Improvements to Palm Springs International Airport, FAA AIP Project No. 3-06-0181-37, -38, City Project No.
2005-01,consisting of numbered sheets which said sheets are hereby made a put of this Agreement.
Article 2. Said Party of the Second Part is responsible for furnishing all said materials and labor,furnishing
and removing all plants, temporary work or structures, tools and equipment, and doing all the work contemplated
and embraced in this Agreement; also, for all loss and damage arising out of the nature of the work aforesaid, or
from the action of the elements or from any unforeseen difficulties which may wise or be encountered in the
prosecution of the work until its acceptance by the City, and for all risks of every description connected with the
work; also, for all expense incurred by or in consequence of the suspension or discontinuance of work except such
as, in the said specifications, are expressly stipulated to be borne by the City, and for well and faithfully completing
the work and whole thereof, in the manner shown and described in the said drawings and specifications and in
accordance with the requirements of the Engineer. The City shall pay and the Contractor shall receive in full
compensation therefor,the prices for the several items named in the bidding sheet of the proposal.
Article 3. The said Party of the First Part hereby promises and agrees with the said Contractor to employ
and does hereby employ the said Contractor to provide the materials and do the work accordhig to the terms and
conditions herein contained and referred to for the unit prices bid, and hereby contracts to pay the same at the time,
in the marmer, and upon the conditions above set forth; and the said Parties for themselves, their heirs, executors,
administrators, successors and assigns, do hereby agree to the full performance of the covenants herein contained.
Article 4.
A. Contract Documents: The Contract Documents consist of. Notice Inviting Bids, Instructions to Bidders
and the Federal Supplementary Instructions; the prevailing rate of per diem wages as determined by the
Director of the Department of Industrial Relations; Federal Wage Rates of the U.S. Dept. of Labor; the
accepted Bid Schedule, the Schedule of Values or cost-loaded CPM schedule on hump-sum projects,
Equipment or Material Proposed(when required);Bidder's General Information;Bid Security or Bid Bond;
Affirmative Action, Minority Business Enterprise, and Equal Employment Opportunity Certificates; this
Agreement; Worker's Compensation Certificate; Performance Bond; Payment Bond; Statement of
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� DBE/WBE Participation; Certificate of Non-Segregated Facilities; Notice of Award; Notice to Proceed;
Notice of Completion; General Conditions of the Contract; Supplementary General Conditions of the
Contract; Technical Specifications; Drawings listed in The Schedule of Drawings in the Supplementary
General Conditions or in the Index on the Cover Sheet of the Drawings; inclusive; and all Change Orders
and Work Directive Changes which may be delivered or issued after the Effective Date of the Agreement
and are not attached hereto.
B. Order of Precedence of Contract Documents:
1. In resolving disputes resulting from conflicts, errors, or discrepancies in any of the
Contract Documents,the order of precedence shall be as follows:
a. Change Orders or Work Directive Changes
b. Agreement
C. Federal Requirements
d. Addenda
e. Contractor's Bid(Bid Forms)
I. Supplementary General Conditions
g. Notice Inviting Bids
h. Instructions to Bidders
i. General Conditions of the Contract
j. Technical Specifications
k. Referenced Standard Specifications
1. Contract Drawings
M. Referenced Standard Drawings.
2. With reference to the Drawings the order of precedence shall be as follows:
a. Figures govem over scaled dimensions
b. Detail drawings govern over general drawings
C. Addenda or Change Order drawings govern over Contract Drawings
d. Contract Drawings govern over standard drawings
C. Contract Drawings govern over shop drawings
Article 5. Contract Clauses and Requirements for Construction Contracts.
A. General and Labor Clauses for All Construction Contracts and Subcontracts.
1. Airport Improvement Prouam Project. The work in this contract is included in Airport
Improvement Program Project No. 3-06-0181-37, -38 which is being undertaken and
accomplished by the Sponsor in accordance with the terms and conditions of a grant agreement
between the Sponsor and the United States under the Airport and Airway Safety, Capacity, Noise
Improvement, and Intermodal Transportation Act of 1992, as amended, pursuant to which the
United States has agreed to pay a certain percentage of the costs of the project that are determined
to be allowable project costs under the Act. The United States is not a party to this contract and no
reference in this contract to the FAA or any representative thereof, or to any rights granted to the
FAA or any representative thereof, or the United States,by the contract,makes the United States a
party to this contract.
2. Consent to Assignment. The Contractor shall obtain the prior written consent of the Sponsor to
any proposed assignment of any interest in or part of this contract.
3. Convict Labor. No convict labor shall be employed under this contract.
4. Veterans' Preference. hr the employment of labor (except in executive, administrative, and
supervisory positions), preference shall be given to qualified individuals who have served in the
military service of the United States [as defined in Section 101 (1) of the Soldiers' and Sailors'
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I Civil Relief Act of 1940, as amended, 50 App. U.S.C. 511 (1)] and have been honorably
discharged from the service,except that preference may be given only where that labor is available
locally and the individual is qualified to perform the work to which the employment relates.
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5. Withholding, Sponsor from Contractor. Whether or not payments or advances to the Sponsor are
withheld or suspended by the FAA, the Sponsor may withhold or cause to be withheld from the
Contractor so much of the accrued payments or advances as may be considered necessary to pay
laborers and mechanics employed by the Contractor or any subcontractor on the work the full
amount of wages required by this contract.
6. Nonpayment of Wages. If the Contractor or any subcontractor fails to pay any laborer or
mechanic employed or working on the site of the work any of the wages required by this contract,
the Sponsor may, after written notice to the Contractor, take such action as may be necessary to
cause the suspension of any further payment or advance of funds until the violations cease.
7. FAA Inspection and Review. The Contractor shall allow any authorized representative of the
FAA to inspect and review any work or materials used in the performance of this contract.
8. Subcontracts. The Contractor shall insert in each of his subcontracts the provisions contained in
paragraphs 1, 3, 4, 5, 6, and 7 of this section and also a clause requiring the subcontractors to
include these provisions in any lower tier subcontracts which they may enter into, together with a
clause requiring this insertion in any further subcontracts that may in turn be made.
9. Contract Termination. A breach of paragraphs 6, 7 and/or 8 may be grounds for termination of the
contract.
B. Miscellaneous Clause Requirements for All Construction Contracts and Subcontracts Unless Otherwise
Indicated.
During the performance of this contract, the Contractor, for itself, its assignees and successors in
interest(hereinafter referred to as the "Contractor")agrees as follows:
I. Compliance with Regulations. The Contractor shall comply with the Regulations relative to
nondiscrimination in federally assisted programs of the Department of Transportation (Title 49,
Code of Federal Regulations, Part 21), as they may be amended from time to time, (hereinafter
referred to as the Regulations), which are incorporated by reference and made a part of this
contract.
2. Nondiscrimination. The Contractor, with regard to the work performed by it during the contract,
shall not discriminate on the grounds of race,sex, age, color, or national origin in the selection and
retention of subcontractors, including procurements of materials and leases of equipment. The
Contractor shall not participate either directly or indirectly in the discrimination prohibited by
Section 21.5 of the Regulations, including employment practices when the contract covers a
program set forth in Appendix B of the Regulations.
3. _Solicitations for Subcontractors Including Procurements of Materials and Equipment. In all
solicitations either by competitive bidding or negotiation made by the Contractor for work to be
performed under a subcontract, including procurements of materials or leases of equipment, each
potential subcontractor or supplier shall be notified by the Contractor of the Contractor's
obligations under this contract and the Regulations relative to nondiscrimination on the grounds of
race, sex,age,color, or national origin.
4. Information and Reports. The Contractor shall provide all information and reports required by
the Regulations or directive issued pursuant thereto, and shall permit access to its books, records,
accounts, other sources of information and its facilities as may be determined by the Sponsor or
the FAA to be pertinent to ascertain compliance with such Regulations, orders and instructions.
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Where any information required of a Contractor is in the exclusive possession of another who fails
or refuses to furnish this information,the Contractor shall so certify to the Sponsor or the FAA as
appropriate,and shall set forth what efforts it has made to obtain the information.
5. Sanctions for Noncompliance. In the event of the Contractor's noncompliance with the
nondiscrimination provisions of this contract, the Sponsor shall impose such contract sanctions as
it or the FAA may determine to be appropriate,including,but not limited to:
a. Withholding of payments to the Contractor under the contract until the Contractor
complies, and/or
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b. Cancellation,termination or suspension of the contract, in whole or in part.
6. Incorporation of Provisions. The Contractor shall include the provisions of paragraphs 1 through
5 in every subcontract, including procurements of materials and ]eases of equipment, unless
exempt by the regulations or directives issued pursuant thereto. The Contractor shall take action
with respect to any subcontract or procurement as the Sponsor or the Federal Aviation
Administration may direct as a means of enforcing such provisions including sanctions for
noncompliance: Provided, however, that, in the event a Contractor becomes involved in, or is
threatened with, litigation with a subcontractor or supplier as a result of such direction, the
Contactor may request the Sponsor to enter into such litigation to protect the interests of the
Sponsor and, in addition,the Contractor may request the United States to enter into such litigation
to protect the interests of the United States.
7. Breach of Contract Terms - Sanctions. Contracts/Subcontracts shall contain such contractual
provisions or conditions which will allow for administrative, contractual or legal remedies in
instances where Contractors violate or breach contract terms, and provide for such sanctions and
penalties as may be appropriate. A sample clause is: "Any violation or breach of the terms of this
contract on the part of the Contractor/Subcontractor may result in the suspension or termination of
this contract or such other action which may be necessary to enforce the rights of the parties of this
agreement."
The terms and conditions of paragraph 80-09 of the General Provisions of these Contract
Documents are hereby trade a part of this agreement as fully as if set out at length herein.
8. Contract Termination. (For contracts in excess of$10,000.) This contract may be terminated by
the Sponsor for default or any other conditions or circumstances beyond the control of the
Contractor. Termination conditions, the manner by which it will be effected and the basis for
settlement are as follows:
"In the event that the Sponsor is prohibited from completing the project because of conditions or
circumstances beyond the control of either the Sponsor or the Contractor such as, but not limited
to, an Executive Order of the President with respect to the prosecution of war or in the interest of
national defense or an order of any State or Federal Court permanently prohibiting the
construction of the project,the Sponsor, acting by and through its Airport Manager,may terminate
the Contract or portion thereof by giving at least ten (10) days written notice thereof to the
Contractor.
When the Contract, or any portion thereof, is terminated before completion of all items of work in
the Contract, payment will be made for the actual number of units or items of work completed at
the Contract price. On items or units which are only partially completed,payment will be made in
proportion to the completed work as determined by the Engineer iu his sole and absolute
discretion,bears to the total bid price. Acceptable materials, obtained or ordered in the work at the
time of such termination, shall at the option of the Sponsor be purchased fiom the Contractor at
actual cost as shown by receipted bills and actual cost records at the point of delivery.
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The intent of this provision is to provide a method of equitable settlement with the Contractor in
the event of termination of the Contract because of conditions or circumstances beyond the control
of either party. Loss of anticipated profits shall not be considered. It is also the intent of this
provision that a settlement for the work performed shall not relieve the Contractor or his surety
from responsibility for defective work and/or materials on the completed portion of the work, nor
for labor and materials as expressed in the surety bond or bonds. The Airport Manager or his
authorized representatives shall be given full access to all books, correspondence and papers of the
Contractor relating to this Contract in order to determine the amounts to be paid on account of the
termination of the Contract."
9. Rights to Inventions - Materials. (For contracts or agreements involving imported products,
processes, methods, etc.) All rights to inventions and materials generated under this contract are
subject to regulations issued by the FAA and the recipient of the Federal grant under which this
contract is executed. Information regarding these rights is available from the FAA and the
Sponsor.
C. Access to Documents,Records,Etc.
1. For All Cost Reimbursement Type of Contracts.
The Contractor shall maintain an acceptable cost accounting system. The Sponsor, the
Administrator of the FAA and the Comptroller General of the United States, or an authorized
representative of either, shall be allowed access to the Contractor's records which are pertinent to
the contract for the purpose of accounting and audit. The Contractor shall maintain all required
records for three years after the Sponsor makes final payment and all other ending matters are
closed.
2. For All Negotiated Contracts in Excess of$10,000.
The Contractor shall maintain an acceptable cost accounting system. The Sponsor, the FAA, the
Comptroller General of the United States, or any of their duly authorized representatives, shall be
allowed access to any books, docmnents, papers and records of the Contractor which are directly
pertinent to an AIP project(s) for the purpose of making audit, examination, excerpts and
transcriptions. The Contractor shall maintain all required records for three years after the Sponsor
makes final payment and all other pending matters are closed.
D. Labor Contract Clauses for All Construction Contracts and Subcontracts in Excess of$2,000.
1. Minimum Wages.
a. All laborers and mechanics employed or working on the site of the work will be paid
unconditionally and not less often than once a week, and without subsequent deduction or
rebate on any account(except such payroll deductions as are permitted by the Secretary
of Labor under the Copeland Act (29 CFR Part 3)), the full amount of wages and bona
fide fringe benefits (or cash equivalent thereof)due at time of payment computed at rates
not less than those contained in the wage determination of the Secretary of Labor which
is attached hereto and made a part hereof, regardless of any contractual relationship
which may be alleged to exist between the Contractor and such laborers and mechanics.
Contributions made or costs reasonably anticipated for bona fide fringe benefits under
section(b)(2) of the Davis-Bacon Act on behalf of laborers or mechanics are considered
wages paid to laborers or mechanics, subject to the provisions of paragraph(1)(iv)of this
section; also, regular contributions made or costs incurred for more than a weekly period.
(but not less often than quarterly) under plans, funds, or programs which cover the
particular weekly period, are deemed to be constructively made or incurred during such
weekly period. Such laborers and mechanics shall be paid the appropriate wage rate and
fringe benefits on the wage determination for the classification of work actually
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performed, without regard to skill, except as provided in 29 CFR Part 5.5(a)(4). Laborers
or mechanics performing work in more than one classification may be compensated at the
rate specified for each classification for the time actually worked therein: Provided, that
the employer's payroll records accurately set forth the time sent in each classification in
which work is performed. The wage determination (including any additional
classification and wage rates conformed under(I)(ii)of this section and the Davis-Bacon
poster(WH-1321)shall be posted all times by the Contractor and its subcontractors at the
isite of the work in a prominent and accessible place where it can easily be seen by the
workers.
b. The contracting officer shall require that any class of laborers or mechanics which is not
1 listed in the wage determination and which is to be employed under the contract shall be
1 classified in conformance with the wage determination. The contracting officer shall
approve an additional classification and wage rate and fringe benefits therefore only
when the following criteria have been met:
(1) The work to be performed by the classification requested is not performed by a
classification in the wage determinations; and
(2) The classification is utilized in the area by the construction industry; and
(3) The proposed wage rate, including any bona fide fringe benefits, bears a
reasonable relationship to the wage rates contained hr the wage determination.
C. If the Contractor and the laborers and mechanics to be employed in the classification (if
known), or their representatives, and the contracting officer agree on the classification
and wage rate (including the amount designated for fringe benefits where appropriate), a
report of the action taken shall be sent by the contracting officer to the Administrator of
the Wage and Hour Division, Employment Standards Administration,U.S.Department of
Labor,Washington,D.C.20210. The Administrator,or an authorized representative, will
approve, modify, or disapprove every additional classification action within 30 days of
receipt and so advise the contracting officer or will notify the contracting officer within
the 30-day period that additional time is necessary. (Approved by the Office of
Management and Budget under OMB Control Number 1215-0140).
d. In the event the Contractor, the laborers or mechanics to be employed in the
classification, or their representatives, and the contracting officer do not agree on the
proposed classification and wage rate (including the amount designated for fringe
benefits where appropriate),the contracting officer shall refer the questions, including the
views of all interested parties and the recommendation of the contracting officer, to the
Administrator for determination. The Administrator,or an authorized representative,will
issue a determination within 30 days of receipt and so advise the contracting officer or
will notify the contracting officer within the 30-day period that additional time is
necessary. (Approved by the Office of Management and Budget under OMB Control
Number 1215-0140).
e. The wage rate (including fringe benefits where appropriate) determined pursuant to
subparagraphs (1)(c) or (d) of this paragraph, shall be paid to all workers performing
work in the classification under this contract from the first day on which work is
performed in the classification.
f. Whenever the minimurn wage rate prescribed in the contract for a class of laborers or
mechanics includes a fringe benefit which is not expressed as an hourly rate, the
Contractor shall either pay the benefit as stated in the wage determination or shall pay
another bona fide fringe benefit or an hourly cash equivalent thereof.
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g. If the Contractor does not make payments to a trustee or other third person, the
Contractor may consider as part of the wages of any laborer or mechanic the amount of
any costs reasonably anticipated in providing bona fide fringe benefits under a plan or
program, provided that the Secretary of Labor has found, upon the written request of the
Contractor, that the applicable standards of the Davis-Bacon Act have been met. The
Secretary of Labor may require the Contactor to set as in a separate account assets for
the meeting of obligations under the plan or program. (Approved by the Office of
j Management and Budget under OMB Control Number 1215-0140).
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2. Withholding. The Federal Aviation Administration or the Sponsor shall upon its own action or
upon written request of an authorized representative of the Department of Labor withhold or cause
to be withheld from the Contractor corder this contract or any other Federal contract with the same
Prune Contractor, or any other Federally-assisted contract subject to Davis-Bacon prevailing wage
requirements, which is held by the same Prime Contractor, so much of the accrued payments or
advances as may be considered necessary to pay laborers and mechanics, including apprentices,
trainees, and helpers, employed by the Contractor or any subcontractor, the full amount of wages
required by the contract. In the event of failure to pay any laborer or mechanic, including any
apprentice, trainee, or helper, employed or working on the site of work, all or part of the wages
required by the contract, the Federal Aviation Administration may, after written notice to the
Contractor, Sponsor, applicant, or owner, tale such action as may be necessary to cause the
suspension of any further payment, advance, or guarantee of finds until such violations have
ceased.
3. Pavroll and Basic Records.
a. Payrolls and basic records relating thereto shall be maintained by the Contractor during
the course of the work and preserved for a period of three years thereafter for all laborers
and mechanics working at the site of the work. Such records shall contain the name,
address, and social security number of each such worker, his or her correct classification,
hourly rates of wages paid (including rates of contributions or costs anticipated for bona
fide fringe benefits or cash equivalents thereof as described in 1(b)(2)(B) of the Davis-
Bacon Act), daily and weekly number of hours worked, deductions made and actual
wages paid. Whenever the Secretary of labor has found under 29 CFR 5.5(a)(1)(iv)that
the wages of any laborer or mechanic include the amount of any costs reasonably
anticipated in providing benefits under a plan or program described in section 1(b)(2)(B)
of the Davis-Bacon Act, the Contractor shall maintain records which show that the
commitment to provide such benefits is enforceable, that the plan or program is
financially responsible, and that the plan or program has been communicated in writing to
the laborers or mechanics affected, and records which show the costs anticipated or the
actual costs incurred in providing such benefits. Contractors employing apprentices or
trainees under approved programs shall maintain written evidence of the registration of
apprenticeship programs and certification of trainee programs, the registration of the
apprentices and trainees, and the ratios and wage rates prescribed in the applicable
programs. (Approved by the Office of Management and Budget under OMB Control
Numbers 1215-0140 and 1215-0017).
b. The Contractor shall submit weekly, for each week in which any contract work is
performed, a copy of all payrolls to the applicant, Sponsor, or owner, as the case maybe,
for transmission to the Federal Aviation Administration. The payrolls submitted shall set
out accurately and completely all of the information required to be maintained under
paragraph (3)(a) above. This information may be submitted in any form desired.
Optional Form WH-347 is available for this purpose and may be purchased from the
Superintendent of Documents (Federal Stock Number 029-005-00014-1), U.S.
Government Printing Office, Washington, D.C. 20402. The Prime Contractor is
responsible for the submission of copies of payrolls by all subcontractors. (Approved by
the Office of the Management and Budget under OMB Control Number 1215-0149).
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C. Each payroll submitted shall be accompanied by a"Statement of Compliance," signed by
the Contractor or subcontractor or his or her agent who pays or supervises the payment of
the persons employed under the contract and shall certify the following:
(1) That the payroll for the payroll period contains the information required to be
maintained under paragraph (3)(a) above and that such information is correct
and complete;
(2) That each laborer and mechanic (including each helper, apprentice and trainee)
i employed on the contract during the payroll period has been paid the full weekly
wages earned, without rebate, either directly or indirectly, and that no
deductions have been made either directly or indirectly from the wages earned,
1 other than permissible deductions as set forth in Regulations 29 CFR Part 3;
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(3) That each laborer or mechanic has been paid not less than the applicable wage
rates and fringe benefits or cash equivalents for the classification of work
performed, as specified in the applicable wage determination incorporated into
the contract.
d. The weekly submission of a properly executed certification set forth of the reverse side of
Optional Form WH-347 shall satisfy the requirement for submission of the "Statement of
Compliance"required by paragraph(3)(c)(2)of this section.
e. The falsification of any of the above certifications may subject the Contractor or
subcontractor to civil or criminal prosecution under Section 1001 of Title 18 and Section
231 of Title 31 of the United States Code. The Contractor or subcontractor shall make
the records required under paragraph(3)(a) of this section available for inspection,
copying or transcription by authorized representatives of the Sponsor, the Federal
Aviation Administration or the Department of Labor, and shall permit such
representatives to interview employees during working hours on the job. If the
Contractor or subcontractor fails to submit the required records or to make them
available, the Federal agency may, after written notice to the Contractor, Sponsor,
applicant or owner, take such action as may be necessary to cause the suspension of any
further payment, advance, or guarantee of ftnnds. Furthermore, failure to submit the
required records upon request or to make such records available may be grounds for
debarment action pursuant to 29 CFR 5.12.
4. Apprentices and Trainees.
a. Apprentices. Apprentices will be permitted to work at less than the predetermined rate
for the work they performed when they are employed pursuant to and individually
registered in a bona fide apprenticeship program registered with the U.S. Department of
Labor, Employment and Training Administration, Bureau of Apprenticeship and
Training,or with a State Apprenticeship Agency recognized by the Bureau, of if a person
is employed in his or her first 90 days of probationary employment as an apprentice in
such an apprenticeship program, who is not individually registered in the program, but
who has been certified by the Bureau of Apprenticeship and Training or a State
Apprenticeship Agency (where appropriate) to be eligible for probationary employment
as an apprentice. The allowable ratio of apprentices to journeymen on the job site in any
craft classification shall not be greater than the ratio permitted to the Contractor as to the
entire work force under the registered program. Any worker listed on a payroll at an
apprentice wage rate, who is not registered or otherwise employed as stated above, shall
be paid not less than the applicable wage rate on the wage determination for the
classification of work actually performed. In addition, any apprentice performing work
on the job site in excess of the ratio permitted under the registered program shall be paid
.
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not less than the applicable wage rate on the wage determination for the work actually
performed. Where a Contractor is performing construction on a project in a locality other
1 than that in which its program is registered, the ratios and wage rates (expressed in
percentages of the journeyman's hourly rate) specified in the Contractor's or
subcontractor's registered program shall be observed. Every apprentice must be paid at
not less than the rate specified in the registered program for the apprentice's level of
progress, expressed as a percentage of the journeymen hourly rate specified in the
applicable wage determination. Apprentices shall be paid fringe benefits, in accordance
! with the provisions of the apprenticeship program. If the apprenticeship program does
not specify fringe benefits apprentices must be paid the full amount of fi-inge benefits
listed on the wage determination for the applicable classification. If the Administrator
determines that a different practice prevails for the applicable apprentice classification,
fringes shall be paid fit accordance with that determination. In the event the Bureau of
Apprenticeship and Training, or State Apprenticeship Agency recognized by the Bureau,
withdraws approval of an apprenticeship program, the Contractor will no longer be
permitted to utilize apprentices at less than the applicable predetermined rate for the work
performed until an acceptable program is approved.
b. Trainees. Except as provided in 29 CPR 5.16, trainees will not be permitted to work at
less than the predetermined rate for the work performed unless they are employed
pursuant to and individually registered in a program which has received prior approval,
evidenced by formal certification by the U.S. Department of Labor, Employment and
Training Administration. The ratio of trainees to journeymen on the job site shall not be
greater than permitted under the plan approved by the Employment and Training
Administration. Every trainee must be paid at not less than the rate specified in the
approved program for the trainee's level of progress, expressed as a percentage of the
journeyman hourly rate specified in the applicable wage determination. Trainees shall be
paid fringe benefits in accordance with the provisions of the trainee program. If the
trainee program does not mention fringe benefits,trainees shall be paid the full amount of
fi•inge benefits listed on the wage determination unless the Administrator of Wage and
Hour Division determines that there is an apprenticeship program associated with the
corresponding jommeyman wage rate on the wage determination which provides for less
than full fringe benefits for apprentices. Any employee listed on the payroll at a trainee
rate who is not registered and participating in a training plan approved by the
Employment and Training Administration shall be paid not less than the applicable wage
rate on the wage determination for the classification of work actually performed. In
addition, any trainee performing work on the job site in excess of the ratio permitted
under the registered program shall be paid not less than the applicable wage rate on the
wage determination for the work actually performed. In the event the Employment and
Training Administration withdraws approval of a training program,the Contractor will no
longer be permitted to utilize trainees at less than the applicable predetermined rate for
the work performed until an acceptable program is approved.
C. Equal Employment Opportunity. The utilization of apprentices, trainees and journeymen
tinder this part shall be in conformity with the equal employment opportunity
requirements of Executive Order 11246, as amended, and 29 CFR Part 30.
5. Compliance With Copeland Act Requirements. The Contractor shall comply with the
requirements of 29 CFR Part 3,which are incorporated by reference in this contract.
6. Subcontracts. The Contractor or subcontractor shall insert in any subcontracts the clauses
contained in 29 CFR Part 5.5(a)(1) through (10) and such other clauses as the Federal Aviation
Administration may by appropriate instructions require, and also a clause requiring the
subcontractors to include these clauses in any lower tier subcontracts.
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The Prime Contractor shall be responsible for the compliance by any subcontractor or lower tier
subcontractor with all contract clauses in 29 CFR Part 5.5.
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� 7. Contract Termination: Debarment. A breach of the contract clauses in paragraph (1)through(10)
i of this section and paragraphs (1) through (5) of the next section below may be grounds for
' termination of the contract,and for the debarment as a contractor and subcontractor as provided in
29 CFR 5.12.
8. Compliance With Davis-Bacon and Related Act Requirements. All rulings and interpretations of
I the Davis-Bacon and Related Acts contained in 29 CFR Parts 1 and 5 are herein incorporated by
reference in this contract.
9. Disputes Concerning Labor Standards. Disputes arising out of the labor standards provisions of
this contract shall not be subject to the general disputes clause of this contract. Such disputes shall
be resolved in accordance with the procedures of the Department of Labor set forth in 29 CFR
Parts 5, 6 and 7. Disputes within the meaning of this clause include disputes between the
Contractor (or any of its subcontractors) and the contracting agency, the U.S. Department of
Labor, or the employees or their representatives.
10. Certification of Eligibility.
(i) By entering into this contract, the Contractor certifies that neither it (nor he or she) nor any
person or firm who has an interest in the Contractor's firm is a person or firm ineligible to be
awarded Government contracts by virtue of section 3(a) of the Davis-Bacon Act of 29 CFR
5.12(a)(1).
(ii) No part of this contract shall be subcontracted to any person or firm ineligible for award of a
Government contract by virtue of section 3(a)of the Davis-Bacon Act of 29 CFR 5.12(a)(1).
(iii) The penalty for making false statements is prescribed in the U.S. Criminal Code, 18 U.S.C.
loot.
E. Contract Work Hours and Safety Standards
I. Overtime Requirements. No Contractor or subcontractor contracting for any part of the contract
work which may require or involve the employment of laborers or mechanics shall require or
permit any such laborer or mechanic, including watchmen and guards, in any workweek in which
he or she is employed on such work to work in excess of forty hours in such workweek unless
such laborer or mechanic receives compensation at a rate not less than one and one-half times the
basic rate of pay for all hours worked in excess of forty hours in such workweek.
2. Violation; Liability for Unpaid Wages; Liquidated Damages. In the event of any violation of the
clause set forth in paragraph 1 above, the Contractor or any subcontractor responsible therefor
shall be liable for the unpaid wages. In addition, such Contractor and subcontractor shall be liable
to the United States (in the case of work done under contract for the District of Columbia or a
territory, to such District or to such territory), for liquidated damages. Such liquidated damages
shall be computed with respect to each individual laborer or mechanic, including watchmen and
guards, employed in violation of the clause set forth in paragraph 1 above, in the sum of$10 for
each calendar day on which such individual was required or permitted to work in excess of the
standard workweek of forty hours without payment of the overtime wages required by the clause
set forth in paragraph 1 above.
3. Withholding for Unpaid Wages and Liquidated Damaves. The Federal Aviation Administration or
the Sponsor shall upon its own action or upon written request of an authorized representative of
the Department of Labor, withhold or cause to be withheld, from any monies payable on account
of work performed by the Contractor or subcontractor under any such contract or any other
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Federal contract with the same prune Contractor, or any other Federally-assisted contract subject
to the Contract Work Hours and Safety Standards Act, which is held by the same Prime
i Contractor, such sums as may be determined to be necessary to satisfy any liabilities of such
Contractor or subcontractor for unpaid wages and liquidated damages as provided in the clause set
forth in paragraph 2 above.
4. Subcontractors. The Contractor or subcontractor shall insert in any subcontracts the clauses set
forth in paragraphs 1 through 4 and also a clause requiring the subcontractor to include these
clauses in any lower tier subcontracts. The Prime Contractor shall be responsible for compliance
by any subcontractor or lower tier subcontractor with the clauses set forth in paragraphs 1 through
4.
5. Working Conditions. No Contractor or subcontractor may require any laborer or mechanic
employed in the performance of any contract to work in surroundings or under working conditions
that are unsanitary, hazardous or dangerous to his health or safety as determined under
construction safety and health standards(29 CFR Part 1926)issued by the Department of Labor.
F. Equal Employment Opportunity Clause For All Construction Contracts and Subcontracts Exceeding
$10,000. During the performance of this Contract, the Contractor agrees as follows, except any
contracts/subcontracts (or certifications preliminary thereto) with a state or local government or any
agency, instrumentality or subdivision of such governments which does not participate in work on or under
the Contract or subcontract.
1. The Contractor will not discriminate against any employee or applicant for employment because
of race, color,religion, sex, age, or national origin. The Contractor will take affirmative action to
ensure that applicants are employed, and that employees are treated during employment without
regard to their race, color religion, sex or national origin. Such action shall include, but not be
limited to the following: employment, upgrading, demotion, or transfer; recruitment or recruit-
ment advertising; layoff or termination; rates of pay or other forms of compensation; and selection
for training including apprenticeship. The Contractor agrees to post in conspicuous places,
available to employees and applicants for employment, notices to be provided setting forth the
provisions of this nondiscrimination clause.
2. The Contractor will, in all solicitations or advertisements for employees placed by or on behalf of
the Contractor, state that all qualified applicants will receive consideration for employment
without regard to race,color,religion, sex,age, or national origin.
3. The Contractor will send to each labor union or representative of workers with which he has a
collective bargaining agreement or other contract or understanding, a notice to be provided
advising the said labor union or worker's representatives of the Contractors' commitments under
this section, and shall post copies of the notice in conspicuous places available to employees and
applicants for employment.
Employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or
termination; rates of pay or other forms of compensation; and selection for training, including
apprenticeship. The Contractor agrees to post in conspicuous places, available to employees and
applicants for employment, notices to be provided setting forth the provision of this
nondiscrimination clause.
4. The Contractor will comply with all provisions of Executive Order 11246 of September 24, 1965,
as amended, and of the rules,regulations and relevant orders of the Secretary of Labor.
5. The Contractor will furnish all information and reports required by Executive Order 11246 of
September 24, 1965,as amended,and by rules,regulations and others of the Secretary of Labor,or
pursuant, thereto, and will permit access to his books, records and accounts by the FAA and the
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Secretary of Labor for purposes of investigation to ascertain compliance with such rules,
regulations and orders.
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6. In the event of the Contractor's noncompliance with the nondiscrimination clauses of this Contract
or with any of the said rules, regulations or orders, this Contract may be canceled, terminated or
suspended in whole or in part and the Contractor may be declared ineligible for further
Government contracts or Federally assisted construction contracts in accordance with procedures
authorized in Executive Order 11246 of September 24, 1965, as amended, or by rule,regulation or
order of the Secretary of Labor, or as otherwise provided by Law.
i 7. The Contractor will include the portion of the sentence immediately preceding paragraph 1 and the
provisions of paragraphs 1 through 7 in every subcontract or purchase order unless exempted by
rules, regulations or orders of the Secretary of Labor issued pursuant to Section 204 of Executive
Order 11246 of September 24, 1965, as amended, so that such provisions will be binding upon
each subcontractor of Vendor. The Contractor will take such action with respect to any
subcontract or purchase order, enforcing such provisions, including sanctions for noncompliance;
provided, however, that in the event a Contractor becomes involved in, or is threatened with
litigation with a subcontractor or Vendor as a result of such direction by the FAA the Contractor
may request the United States to enter into such litigation with a subcontractor or Vendor as a
result of such direction by the FAA the Contractor may request the United States to enter into such
litigation to protect the interests of the United States.
G. Disadvantaged Business Enterprises(DBE)
1. Contractor Responsibilities: The Contractor shall agree to the below stated Department of
Transportation Policy and Disadvantaged Business Enterprises Obligation and further agree to
insert the following clauses a,b, and c in any subcontracts.
a. Policy. It is the policy of Palm Springs International Airport to ensure that DBEs, as
defined in 49 CFR Part 26, have an equal opportunity to receive and participate in DOT-
assisted contracts.It is also our policy:
1. To ensure nondiscrimination in the award and administration of DOT-FAA-AIP
assisted contracts:
2. To create a level playing field on which DBEs can compete fairly for DOT-FAA-
AIP assisted contracts:
3. To ensure that the DBE Program is narrowly tailored in accordance with applicable
law;
4. To ensure that only firms that fully meet 49 CFR Part 26 eligibility standards are
permitted to participate as DBEs;
5. To help remove barriers to the participation of DBEs in DOT-FAA-AIP assisted
contracts; and
6. To assist the development of firms that can compete successfully in the market place
outside the DBE Program.
b. DBE Obligation.
The contractor, sub recipient or subcontractor shall not discriminate on the basis of race,
color, national origin, or sex in the performance of this contract. The contractor shall
carry out applicable requirements of 49 CFR Part 26 in the award and administration of
DOT-assisted contracts.
C. Compliance. Failure by the Contractor to carry out these requirements iss-a material
breach of this contract, which may result in the termination of this contract or such other
remedy as the recipient deems appropriate.
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2. Documentation. The Contractor shall keep such records as are necessary to show compliance with
the Sponsor's DBE Program and, on the request of the Sponsor, shall make such records available
for review by the Sponsor and the FAA.
H. Clean Air and Water Pollution Control Requirements for All Construction Contracts and Subcontracts
Exceeding$100,000.
Contractors and Subcontractors agree:
1. That any facility to be used in the performance of the contract or to benefit from the contract is not
listed on the Environmental Protection Agency(EPA)list of Violating Facilities.
2. To comply with all the requirements of Section 114 of the Clean Air Act, as amended, 42 U.S.C.
1857 et seq. and Section 308 of the Federal Water Pollution Control Act, as amended, 33 U.S.C.
1251 et seq. relating to inspection,monitoring, entry,reports, and information, as well as all other
requirements specified in Section 114 and Section 308 of the Acts, respectively, and all other
regulations and guidelines issued thereunder.
3. That as a condition for award of a contract they will notify the awarding official of the receipt of
any communication from the EPA indicating that a facility to be utilized for performance of or
benefit from the contract is under consideration to be listed on the EPA List of Violating Facilities.
'I. To include or cause to be included in any contract or subcontract which exceeds $100,000 the
aforementioned criteria and requirements.
I. Bonding Clauses for Construction Contracts and Subcontracts.
1. The Contractor agrees to furnish a performance bond for 100 percent of the contract price. This
bond is one that is executed in connection with a contract to secure fulfillment of all the
Contractor's obligation under such contract.
2. The Contractor agrees to furnish a payment bond for 100 percent of the contract price. This bond
is one that is executed in connection with a contract to assure payment as required by law of all
persons supplying labor and material in the execution of the work provided for in the Contract.
J. Buv American- Steel and Manufactured Products for Construction Contracts(Jan 1991)
1. The Aviation Safety and Capacity Expansion Act of 1990 provides that preference be given to
steel and manufactured products produced in the United States when funds are expended pursuant
to a grant issued under the Airport Improvement Program. The following terms apply:
a. Steel and manufactured products. As used in this clause, steel and manufactured
products include(1)steel produced in the United States or(2)a manufactured product produced in
the United States, if the cost of its components mined, produced or manufactured in the United
States exceeds 60 percent of the cost of all its components and final assembly has taken place in
the United States. Components of foreign origin of the same class or kind as the products referred
to in subparagraphs(b)(1)or(2)shall be treated as domestic.
b. Components. As used in this clause, components means those articles, materials, and
supplies incorporated directly into steel and manufactured products.
C. Cost of Components. This means the costs for production of the components, exclusive
of final assembly labor costs.
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2. The successful bidder will be required to assure that only domestic steel and manufactured
products will be used by the Contractor, subcontractors, materialraen, and suppliers in the
performance of this contract, except those
a. that the U.S. Department of Transportation has determined, under the Aviation Safety
and Capacity Expansion Act of 1990, are not produced in the United States in sufficient and
reasonably available quantities and of a satisfactory quality.
b. that the U.S. Department of Transportation has determined, under the Aviation Safety
and Capacity Expansion Act of 1990, that domestic preference would be inconsistent with the
public interest; or
C. that inclusion of domestic material will increase the cost of the overall project contract by
more than 25 percent.
Article 6. The Contractor agrees to accept as his full and only compensation for the performance of all the
work required under this Contract such sum or sums of money as may be proper in accordance with the price or
prices set forth in the Contractors Proposal attached hereto and made a part hereof covering all of the items.
Article 7. To the extent allowed by law,the Contractor agrees to indemnify, defend and hold harmless the
Sponsor, from any and all claims and damages to property and injury to persons which may arise both of and during
operations under this Contract, whether such operations be by the Contractor or by any subcontractor or anyone
directly or indirectly employed by the Contractor or any other employee or person employed or engaged on or about,
of in connection with,the construction.
Article 8. Venue and jurisdiction of any action will only be brought in the Indio Superior Court, Riverside
County, California.
Attorney Fees, Costs, and Expenses of Litigation. In the event of a breach of this agreement,the breaching
party shall pay to the non-breaching party all reasonable Attorney fees, cost and other expenses, incurred by the non-
breaching party enforcing its rights as a result of said breach.
Article 9. If any claim of lien or stop notice or any other demand for payment or security therefor,
including claims or demands upon performance and payment of bond sureties for the Contract, is made or filed with
the City or against the project with respect to this Contract by any person claiming under or through Contractor,
including any Subcontractor or material supplier, or if at any time there shall be evidence of any claim of lien, stop
notice or other demand for which, if established,the City or the project might become liable,then the City shall have
the right to retain from any payment then due or thereafter to become due under the Contract or to be immediately
reimbursed by Contractor for an amount sufficient to (i) satisfy, discharge and defend against any such claim of lien
or stop notice or other demand, or any action or proceeding thereof which may be brought to judgment or award; (ii)
make good any such non-payment, non-performance, damage, failure or default; and (iii) compensate the City for
and indemnify it against any loss, liability, damage, cost and expense (including attorneys' and consultants' fees)
which may be sustained or incurred in connection therewith. Should Contractor, any Subcontractor, or other person
or any of them,make,record or file or maintain any action on or respecting a claim of mechanics' lien, a stop notice,
equitable lien, payment or performance bond or lis uendens relating to the work, the Contractor shall immediately
and at its own expense, secure, furnish and record appropriate statutory release bonds of bonding companies
acceptable to the City which will extinguish or expunge said claim, stop notice or lis pendens and Contractor hereby
agrees to indemnify, protect, defend and hold the City harmless from any such claim, mechanics' lien, stop notice,
equitable lien,payment or performance bond or lis uendens.
Article 10. Whenever any provision of the Contract Documents requires the giving of written notice, it
shall be deemed to have been validly given if delivered in person to the individual or to a member of the firm or to
an officer of the corporation for whom it is intended, or if delivered at or sent by registered or certified mail,postage
prepaid,to the last business address known to the giver of the Notice.
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Article 11. No assigmnent by a party hereto of any rights under or interests in the Contract Documents will
be binding on another party hereto without the written consent of the party sought to be bound; and specifically but
without limitation monies that may become due and monies that are due may not be assigned without such consent
(except to the extent that the effect of this restriction may be lhnited by law), and unless specifically stated to the
contrary in any written consent to an assignment,no assignment will release or discharge the assignor fi•om any duty
or responsibility tinder the Contract Documents.
The total estimated cost for AIP Project No. 3-06-0181-37, -38 and City Project No.2005-01, thereof to be
dollars($ �.
Signature Page Follows
�.
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IN WITNESS WHEREOF, the parties have executed and entered into this Agreement as of the date first written
j above.
j ATTEST: CITY OF PALM SPRINGS
j a municipal corporation
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By: By:
City Clerk City Manager
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APPROVED AS�fO FORM:
By /Z� J���
CAy Attorney
CONTRACTOR: Check one: —Individual —Partnership_Corporation
Corporations require two notarized signatures: One from each of the following: A. Chairman of Board, President,
or any Vice President: AND B. Secretary, Assistant Secretary, Treasurer, Assistant Treasurer, or Chief Financial
Officer.
By: By:
Signature(notarized) Signature(notarized)
Name: Name:
Title: Title:
State of State of
County of County of
Oil before me, On before me,
personally appeared _ personally appeared
personally known to me(or proved to me on personally known to me(or proved to me on
the basis of satisfactory evidence)to be the the basis of satisfactory evidence)to be the
person(s)whose name(s)is/are subscribed person(s)whose name(s)is/are subscribed
to the within instrument and acknowledged to the within instrument and acknowledged
to me that he/she/they executed the same to me that he/she/they executed the same
in his/her/their authorized capacity(ies), and in his/her/their authorized capacity(ies), and
that by his/her/their signatures(s)on the that by his/her/their signatures(s)on the
instrument the person(s), or entity upon instrument the person(s), or entity upon
behalf of which the person(s)acted, behalf of which the person(s)acted,
executed the instrument. executed the instrument.
WITNESS my hand and official seal. WITNESS my hand and official seal.
Notary Signature: Notary Signature:
Notary Seal: Notary Seal:
V-16
RESOLUTION NO. 21259
OF THE CITY COUNCIL OF THE CITY OF PALM
SPRINGS APPROVING AWARD OF A CONTRACT
FOR THE EXPAND TERMINAL/HOLDROOMS-ADD
CHECKPOINT PROJECT AT THE PALM SPRINGS
INTERNATIONAL AIRPORT (AIP 3-06-0181-37, -38,
CITY PROJECT 2005-01) TO AMD
CONSTRUCTION GROUP, INC. IN THE AMOUNT
OF $2,780,000 AND ESTABLISHING CITY
PROJECT ADMINISTRATOR AND
ADMINISTRATION PARAMETERS, SUBJECT TO
THE APPROVAL OF THE FEDERAL AVIATION
ADMINISTRATION (FAA) A05094
WHEREAS the project had a pre-bid engineer's estimate of$3,100,000; and,
WHEREAS the project plans and specifications were approved and adopted by
the City Council on February 16, 2005, and the project has been advertised for a
period of thirty (30) days for bid with bids being received on April 13, 2005, from
AMD Construction Group, Inc., HBH Construction Inc., and B.E. McMurray
Construction Inc.; and,
WHEREAS following careful review of the bids, the lowest, responsive,
responsible bidder has been determined to be AMD Construction Group, Inc.
NOW THEREFORE BE IT RESOLVED by the City Council of the City of Palm
Springs as follows:
1. That the Expand Term inal/Holdrooms-add Checkpoint project (AIP-3-06-
0181-37, -38, City Project 2005-01) is awarded, subject to approval by the
Federal Aviation Administration (FAA), to AMD Construction Group, Inc. in the
amount of$2,780,000.
2. That the Director of Aviation is hereby authorized to administer the contract
and is authorized to approve Change Orders up to 5% of the total contract
amount, subject to City Manager approval.
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ADOPTED this O day of May 2005.
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David H. Ready, City Manager
ATTEST:
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James Thompson, City Clerk
Resolution No. 21259
Page 2
CERTIFICATION
STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) ss.
CITY OF PALM SPRINGS )
I, JAMES THOMPSON, City Clerk of the City of Palm Springs, hereby certify that
Resolution No. 21259 is a full, true and correct copy, and was duly adopted at a
regular meeting of the City Council of the City of Palm Springs on May 4, 2005,
by the following vote:
AYES: Members Foat, Mills, McCulloch, Pougnet and Mayor Oden
NOES: None
ABSENT: None
ABSTAIN: None
James Thompson, City Clerk
City of Palm Springs, California
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