HomeMy WebLinkAbout2/16/2005 - STAFF REPORTS (28) CITY COUNCIL FEBRUARY 16, 2005
CONSENT CALENDAR
Subject: AMENDED AND RESTATED CONTRACT #4998 FOR AIRPORT TERMINAL
CONSTRUCTION MANAGEMENT SERVICES
Initiated by: Director of Aviation
SUMMARY:
The City Council will consider approval of an amended and restated agreement with Parsons
Transportation Group, Inc. (Parsons) for construction management services related to the
passenger screening checkpoint and holdroom modifications at the Palm Springs International
Airport, in the amount of$1,217,733.00.
RECOMMENDATION:
Approve Minute Order No. concerning the amended and restated
agreement for Airport Terminal Construction Management Services at an additional
price of$277,652.00.
STAFF ANALYSIS:
In November of 2004,the City Council awarded Parsons with a construction management services
contract for specific improvement projects at the Airport at a total contract price of$940,081.00.
As part of that agreement, when and if services for other projects listed in the agreement are
required, an amendment to the agreement will be submitted to the City Council for approval.
Following award, the Airport determined that program and construction management for the
commuter holdroom modifications were required and necessary before the checkpoint
reconfiguration could be completed. An agreement was reached with Parsons to provide these
services at an additional price of$277,652.00.
When the prior agreement was presented to the City Council, several questions were raised about
portions of the contract concerning the potential for cost escalation, and Parsons' obligation to
manage the work. Working with legal council, all issues have been satisfied, addressed and
reviewed.
FISCAL IMPACT:
The work referenced within these documents is eligible for reimbursement via Airport Improvement
Program (AIP) grants 37 and 38 from the Federal Aviation Administration (FAA), which will cover
95% of theost.
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RICFIARD S.WJ51 3E. DAVID H. READY
Director of Aviation City Manager
Attachments: 1. Minute Order
2. Amended & Restated Contract 1 EI 2 •K
T 1
CITY OF PALM SPRINGS
AMENDED AND RESTATED
CONTRACT SERVICE AGREEMENT FOR
AIRPORT TERMINAL CONSTRUCTION MANAGER
THIS AMENDED AND RE ATED CO TRACT SERVICES AGREEMENT (herein "Agreement"), is
made and entered into this day of ,rl '-!2005, by and between the CITY OF PALM
SPRINGS, a municipal corporation, (herein "City") a PARSONS TRANSPORTATION, INC, (herein
"Construction Manager").This Agreement amends and restates that certain agreement between the same
parties dated November 17, 2004, ("Original Agreement") and wholly replaces and supercedes such
Original Agreement. The term Construction Manager includes professionals performing in a consulting
capacity. The parties hereto agree as follows:
1.0 SERVICES OF CONTRACTOR
1.1 Scope of Services. In compliance with all terms and conditions of this Agreement, the
Construction Manager shall provide those services in connection with the Palm Springs International Airport
Terminal Expansion ("Project"), as specified in the"Scope of Services"attached hereto as Exhibit"A"and
incorporate herein by this reference, which services may be referred to herein as the "services" or"work"
hereunder. As a material inducement to the City entering into this Agreement, Construction Manager
represents and warrants that Construction Manager is experienced in performing the work and services
contemplated herein and, in light of such status and experience, Construction Manager covenants that it
shall follow the industry professional standards in performing the work and services required hereunder. For
purposes of this Agreement, the phrase "industry professional standards" shall mean those standards of
practice recognized by one or more first-class firms performing similar work under similar circumstances.
1.2 Compliance with Law.All services rendered hereunder shall be provided in accordance with
all ordinances, resolutions, statutes, rules and regulations of the City and any Federal, State or local
governmental agency having jurisdiction in effect at the time service is rendered.
1.3 Licenses, Permits, Fees and Assessments. Construction Manager 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.Construction Manager shall have the sole obligation to pay for any
fees, assessments and taxes, plus applicable penalties and interest, which may be imposed by law and
arise from or are necessary for the Construction Manager's performance of the services required by this
Agreement, and shall indemnify, defend and hold harmless City against any such fees, assessments,taxes,
penalties or interest levied, assessed or imposed against City hereunder.
1.4 Familiarity with Work. By executing this Contract, Construction Manager warrants that
Construction Manager (a) has thoroughly investigated and considered the scope of services to be
performed, (b) has carefully considered how the services should be performed and (c)fully understands the
facilities, difficulties and restrictions attending performance of the services under this Agreement. If the
services involve work upon any site, Construction Manager warrants that Construction Manager has, orwill,
investigate the site and is or will be fully acquainted with the conditions there existing, prior to
commencement of services hereunder. Should the Construction Manager discover any latent or unknown
conditions, which will materially affect the performance of the services hereunder, Construction Manager
shall immediately inform the City of such fact and shall not proceed except at Construction Manager's risk
until written instructions are received from the Contract Officer.
1.5 Care of Work. The Construction Manager shall adopt reasonable methods in furnishing
papers, documents, plans, studies and/or other components thereofto prevent losses or damages.
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1.6 Further Responsibilities of Parties. Both parties agree to use reasonable care and diligence
to perform their respective obligations under this Agreement. Both parties agree to act in good faith to
execute all instruments, prepare all documents and take all actions as may be reasonably necessary to
carry out the purposes of this Agreement. Unless hereafter specified, neither partyshall be responsible for
the service of the other.
1.7 Additional Services. City shall have the right at any time during the performance of the
services, without invalidating this Agreement, to order extra work beyond that specified in the Scope of
Services. No such extra work may be undertaken unless a written order is first given by the Contract Officer
to the Construction Manager, incorporating therein any adjustment in (i)the compensation provided for at
Section 2.1 below, and/or(ii)the time to perform this Agreement,which said adjustments are subject to the
written approval of the Construction Manager.Any increase in compensation of up to five percent(5%) of
the compensation described at Section 2.1 below or in the time to perform of up to one hundred eighty(180)
days may be approved by the Contract Officer. Any greater increases, taken either separately or
cumulatively must be approved by the City Council. It is expressly understood by Construction Managerthat
the provisions of this Section shall not apply to services specifically set forth in the Scope of Services or
reasonably contemplated therein. Construction Manager hereby acknowledges that the services to be
provided pursuant to the Scope of Services may be more costly or time consuming than Construction
Manager anticipates and that Construction Manager shall not be entitled to additional compensation
therefore, except as provided in the schedule of compensation at Exhibit "C".
1.8 Special Requirements.Additional terms and conditions of this Agreement if any,which are
made a part hereof are set forth in the "Special Requirements" attached hereto as Exhibit "B" and
incorporated herein by this reference. In the event of a conflict between the provisions of Exhibit"B"and any
other provisions of this Agreement, the provisions in Exhibit "B" shall govern.
1.9 Relationships.All construction contracts shall be between City and contractors retained by
City to perform services as part of the Project ("Trade Contractors"), and shall be satisfactory to the
Construction Manager and City as to terms and conditions. Nothing in this Agreement is intended to create
a contractual relationship between the Construction Manager and any Trade Contractor or supplier of
equipment or materials, nor shall any Trade Contractor be construed as a third-party beneficiary of the
services performed under this Agreement.
2.0 COMPENSATION
2.1 Schedule of Compensation. For the services rendered pursuant to this Agreement, the
Construction Manager shall be compensated in accordance with the"Schedule of Compensation"attached
hereto as Exhibit"C"and incorporated herein by this reference. Compensation may include reimbursement
for actual and necessary expenditures for reproduction costs,telephone expense, transportation expense
and other expenses as approved by the Contract Officer in advance, or specified in the Schedule of
Compensation. The compensation referenced in the Schedule of compensation shall include the
attendance of Construction Manager at all project meetings reasonably deemed necessary by the City;
Construction Manager shall not be entitled to any additional compensation for attending said meetings.
2.2 Method of PaVment. Unless some other method of payment is specified in the Schedule of
Compensation, in any month in which Construction Manager wishes to receive payment, no later than the
first(1 s)working day of such month, Construction Manager shall submit to the City in the form approved by
the City's Director of Finance, an invoice for services rendered prior to the date of the invoice. Except as
provided in Section 7.3, City shall pay Construction Manager for all expenses stated thereon which are
approved by City pursuant to this Agreement no later than the last vorking day of the month.
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3.0 PERFORMANCE SCHEDULE
3.1 Time of Essence. Time is of the essence in the performance of this Agreement. In executing
this Agreement,the Construction Manager understands that construction of the various potential projects as
identified in Exhibit "A" are based on available funding and as such are independent of one another.
Construction Manager shall take appropriate actions to timely complete the tasks provided under this
Agreement and to influence other parties to timely perform, but Construction Manager is not a guarantor of
the timely performance by other parties.
3.2 Schedule of Performance. Construction Manager shall commence the services pursuant to
this Agreement upon receipt of a written notice to proceed on a project by project basis and shall perform all
services within the time period(s)established in the project specific"Notice to Proceed"and/or"Schedule of
Performance" attached hereto as Exhibit "D", if any, and incorporated herein by this reference. When
requested by the Construction Manager, extensions to the time period(s) specified in the Schedule of
Performance may be approved in writing by the Contract Officer.
3.3 Force Maleure. The time period(s) specified in the Schedule of Performance for
performance of the services rendered pursuant to this Agreement shall be extended because of any delays
due to unforeseeable causes beyond the control and without the fault or negligence of the Construction
Manager, including, but not restricted to, acts of God or of the public enemy, unusually severe weather,
fires, earthquakes, floods, epidemics, quarantine restrictions, riots, strikes, freight embargoes, wars,
litigation, and/or acts of any governmental agency, including the City, if the Construction Manager shall
within ten (10)days of the commencement of such delay notify the Contract Officer in writing of the causes
of the delay. The Contract Officer shall ascertain the facts and the extent of delay, and extend the time for
performing the services for the period of the enforced delay when and if in the judgment of the Contract
Officer such delay is justified. The Contract Officer's determination shall be final and conclusive upon the
parties to this Agreement. In no event shall Construction Manager be entitled to recover damages against
the City for any delay in the performance of this Agreement, however caused, Construction Manager's sole
remedy being extension of the Agreement pursuant to this Section, and recovery of actual costs incurred by
such delay. In no event will Construction Manager be entitled to recover consequential damages as a result
of such delay.
3.4 Term. Unless earlier terminated in accordance with Section 7.8 of this Agreement, this
Agreement shall continue in full force and effect as agreed to on a project by project basis; however, the
cumulative term shall not exceed three (3) years.
4.0 COORDINATION OF WORK
4.1 Representative of Construction Manaqer.The following employees of Construction Manager
are hereby designated as being the representative of Construction Manager authorized to act in its behalf
with respect to the work specified herein and make all decisions in connection therewith:
Henry 'Ed' Howard
Program Manager
8991 Sidebrook Court
Las Vegas, NV 89129
Cellular 702/308-4779
702/639-4841
FAX 702/639-4842
henry.howard(&parsons.com
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Corrslrncfial,Monapement Sewloes pagr 3/of J5
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It is expressly understood that the experience, knowledge, capability and reputation of the foregoing
employees were a substantial inducement for City to enter into this Agreement. Therefore, the foregoing
employees shall be responsible, during the term of this Agreement,for directing all activities of Construction
Manager and devoting sufficient time to personally supervise the services hereunder. For purposes of this
Agreement, the foregoing employees may not be replaced nor may their responsibilities be substantially
reduced by Construction Manager without the express written approval of City.
4.2 Contract Officer. The Contract Officer shall be such personas maybe designated by the
City Manager of City. It shall be the Construction Manager's responsibility to assure that the Contract Officer
is kept informed of the progress of the performance of the services and the Construction Manager shall
refer any decisions which 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. The Contract
Officer shall have authority to sign all documents on behalf of the City required hereunder to carry out the
terms of this Agreement.
4.3 Prohibition Aqainst Subcontracting orAssignment. The experience, knowledge, capability
and reputation of Construction Manager, its principals and employees were a substantial inducement for the
City to enter into this Agreement.Therefore, Construction Manager shall not contract with any other entity to
perform in whole or in part the services required hereunder without the express written approval of the City.
In addition, neither this Agreement nor any interest herein may be transferred, assigned, conveyed,
hypothecated or encumbered voluntarily or by operation of law, whether for the benefit of creditors or
otherwise,without the prior written approval of City. In the event of any such unapproved transfer, including
any bankruptcy proceeding, this Agreement shall be subject to the provisions of Section 7.9 below. No
approved transfer shall release the Construction Manager or any surety of Construction Manager of any
liability hereunder without the express consent of City.
The City's policy is to encourage the awarding of subcontracts to persons or entities with offices located
within the jurisdictional boundaries of the City of Palm Springs and, if none are available, to persons or
entities with offices located in the Coachella Valley.Construction Manager shall keep evidence of such good
faith efforts and copies of all contracts and subcontracts hereunder for the period specified in Section 6.2.
4.4 Independent Construction Manager. Neitherthe City nor any of its employees shall have any
control over the manner, mode or means by which Construction Manager, its agents or employees, perform
the services required herein, except as otherwise set forth herein. City shall have no voice in the selection,
discharge, supervision or control of Construction Manager's employees, servants, representatives or
agents, or in fixing their number, compensation or hours of service. Construction Manager shall perform all
services required herein as an independent contractor 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. Construction
Manager 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. City shall not in any way or for any purpose become or be deemed to be a
partner of Construction Manager in its business or otherwise or a joint venturer or a member of any joint
enterprise with Construction Manager.
5.0 INSURANCE, INDEMNIFICATION AND BONDS
5.1 Insurance. The Construction Manager shall procure and maintain, at its sole cost and
expense, in a form and content satisfactory to City, during the entire term of this Agreement including any
extension thereof, the following policies of insurance:
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(a) Commercial General LiabilitV Insurance. A policy of commercial general liability
insurance written on a per occurrence basis with a combined single limit of at least three million
($3,000,000)dollars bodily injury and property damage including coverages for contractual liability, personal
injury, independent contractors, broad form property damage, products and completed operations. The
Commercial General Liability Policy shall name the City of Palm Springs as additional insured in accordance
with standard ISO additional insured endorsement form CG2010(1185) or equivalent language.
(b)Worker's Compensation Insurance.A policy of worker's compensation insurance in an
amount which fully complies with the statutory requirements of the State of California and which includes
$1,000,000 employer's liability.
(c) Business Automobile Insurance. A policy of business automobile liability insurance
written on a per occurrence basis with a single limit liability in the amount of$1,000,000 bodily and property
damage. Said policy shall include coverage for owned, non-owned, leased and hired cars.
(d)Additional Insurance. Additional limits and coverages, which may include professional
liability insurance, will be specified in Exhibit "B".
All of the above policies of insurance shall be primary insurance and issued by companies whose rating
satisfies the requirements in Section 5.4 of this agreement.The insurer shall waive all rights of subrogation
and contribution it may have against the City, its officers, employees and agents, and their respective
insurers. In the event any of said policies of insurance are canceled, the Construction Manager shall, prior
to the cancellation date, submit new evidence of insurance in conformance with this Section 5.1 to the
Contract Officer. No work or services under this Agreement shall commence until the Construction Manager
has provided the City with Certificates of Insurance, endorsements or appropriate insurance binders
evidencing the above insurance coverages and said Certificates of Insurance, endorsements, or binders are
approved by the City.
The Construction Manager agrees that the provisions of this Section 5.1 shall not be construed as
limiting in any way the extent to which the Construction Manager may be held responsible forthe payment of
damages to any persons or property resulting from the Construction Manager activities or the activities of
any person or persons for which the Construction Manager is otherwise responsible.
In the event the Construction Manager subcontracts any portion of the work in compliance with Section
4.3 of this Agreement the contract between the Construction Manager and such subcontractor shall require
the subcontractor to maintain the same polices of insurance that the Construction Manager is required to
maintain pursuant to this Section.
5.2 Indemnification. Contractor agrees to indemnify the City, its officers, agents and employees
against, and will hold and save them, and each of them, harmless from any and all actions, suits, claims,
damages to persons or property, losses, costs, penalties, obligations,errors, omissions or liabilities, (herein
"claims or liabilities") that may be asserted or claimed by any person, firm or entity arising out of or in
connection with the negligent performance of the work, operations or activities of Contractor, its agents,
employees, subcontractors, or invitees, provided for herein, or arising from the negligent acts or
omissions of Contractor hereunder, or arising from Contractor's negligent performance of or failure to
perform any term, provision, covenant or condition of this Agreement, whether or not there is concurrent
passive or active negligence on the part of the City, its officers, agents or employees but excluding such
claims or liabilities arising from the negligence or willful misconduct of the City, its officers, agents or
employees, who are directly responsible to the City, and in connection therewith:
(a) Contractorwill defend any action or actions filed in connection with any of said claims
or liabilities and will pay all costs and expenses, including legal costs and attorneys' fees incurred in
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connection therewith;
(b) Contractor will promptly pay any judgment rendered against the City, its officers,
agents or employees for any such claims or liabilities arising out of or in connection with the negligent
performance of or failure to perform such work, operations or activities of Contractor hereunder; and
Contractor agrees to save and hold the City, its officers, agents, and employees harmless therefrom;
(c) In the event the City, its officers, agents or employees are made a party to any action
or proceeding filed or prosecuted against Contractor far such damages or other claims arising out of or in
connection with the negligent performance of or failure to perform the work, operation or activities of
Contractor hereunder, Contractor agrees to payto the City, its officers, agents or employees, any and all
costs and expenses incurred by the City, its officers, agents or employees in such action or proceeding,
including but not limited to, legal costs and attorneys' fees.
5.3 Third Party Indemnification. Citywill cause each Trade Contractor,their subcontractors and
any consultants engaged to provide services for the Project and retained subsequent to the execution of this
Agreement, to indemnify and hold Construction Manager harmless from all claims, losses, expenses and
damages (including attorney's fees and costs)that may arise from said Trade Contractor's subcontractor's
or consultant's activities, including those of its officers, employees, agents, consultants, and any persons
directly employed by any of them on the Project.
5.4 Sufficiency of Insurer or SuretV. Insurance or bonds required by this Agreement shall be
satisfactory only if issued by companies qualified to do business in California, rated"A"or better in the most
recent edition of Best's Key Rating Guide or in the Federal Register, unless such requirements are waived
by the City Manager or designee of the City Manager due to unique circumstances. In the event the City
Manager determines that the work or services to be performed under this Agreement create an increased or
decreased risk of loss to the City,the Construction Manager agrees that the minimum limits of the insurance
policies and the performance bond required by this Section 5 may be changed accordingly upon receipt of
written notice from the City Manager or designee. In the event of such an increase in the required coverage,
the City shall provide reasonable reimbursement to the Construction Manager for its actual costs of any
increased premiums.
6.0 REPORTS AND RECORDS
6.1 Reports. Construction Manager 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. Construction Manager hereby acknowledges that the City is greatly concerned about the cost
of work and services to be performed pursuant to this Agreement. For this reason, Construction Manager
agrees that if Construction Manager becomes aware of any facts, circumstances,techniques, or events that
may or will materially increase or decrease the cost of the work or services contemplated herein or, if
Construction Manager is providing design services, the cost of the project being designed, Construction
Manager shall promptly notify the Contract Officer of said fact, circumstance, technique or event and the
estimated increased or decreased cost related thereto and, if Construction Manager is providing design
services, the estimated increased or decreased cost estimate br the project being designed.
6.2 Records. Construction Manager shall keep, and require subcontractor to keep, such books
and records as shall be necessary to 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 times during normal business hours of City, including the right to
inspect, copy, audit and make records and transcripts from such records.Such records shall be maintained
for a period of three(3)years following completion of the services hereunder, and the City shall have access
to such records in the event any audit is required.
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6.3 Ownership of Documents. All drawings, specifications, reports, records, documents and
other materials prepared by Construction Manager, its employees, subcontractors and agents 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. Construction Manager shall have no claim
for further employment or additional compensation as a result of the exercise by City of its full rights of
ownership of the documents and materials hereunder. Any use of such completed documents for other
projects and/or use of uncompleted documents without specific written authorization by the Construction
Manager will be at the City's sole risk and without liability to Construction Manager, and the City shall
indemnify the Construction Managerfor all damages resulting therefrom.Construction Manager may retain
copies of such documents for its own use. Construction Manager shall have an unrestricted right to use the
concepts embodied therein. All subcontractors shall provide for assignment to City any documents or
materials prepared by them, and in the event Construction Manager fails to secure such assignment,
Construction Manager shall indemnify City for all damages resulting therefrom.
6.4 Release of Documents.The drawings,specifications, reports, records, documents and other
materials prepared by Construction Manager in the performance of services under this Agreement shall not
be released publicly without the prior written approval of the Contract Officer.
7.0 ENFORCEMENT OF AGREEMENT
7.1 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 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.
Construction Manager covenants and agrees to submit to the personal jurisdiction of such court in the event
of such action.
7.2 Disputes. In the event of any dispute arising under this Agreement, the injured party shall
notify the injuring party, in writing, of its contentions by submitting a claim therefor. The injured party shall
continue performing its obligations hereunder so long as the injuring party commences to cure such default
within ten (10) days of service of such notice and completes the cure of such default within forty-five (45)
days after service of the notice, or such longer period as may be permitted by the injured party, provided
that if the default is an immediate danger to the health, safety and general welfare, such immediate action
may be necessary. Compliance with the provisions of this Section shall be a condition precedent to
termination of this Agreement for cause and to any legal action, and such compliance shall not be a waiver
of any party's right to take legal action in the event that the dispute is not cured, provided that nothing herein
shall limit City's or the Construction Manager's right to terminate this Agreement without cause pursuant to
Section 7.8.
7.3 Retention of Funds. Construction Manager hereby authorizes City to deduct from any
amount payable to Construction Manager (i) any amounts the payment of which may be in dispute
hereunder, and (ii) all amounts for which City may be liable to third parties by reason of Construction
Manager's negligent acts or omissions under this Agreement. In the event that any claim, as a result of
Construction Manager's negligence, is made by a third party,the amount orvalidity of which is disputed by
Construction Manager, City may withhold from any payment due, without liability for interest because of
such withholding, an amount sufficient to cover such claim. The failure of City to exercise such right to
deduct or to withhold shall not, however, affect the obligations of the Construction Manager to insure,
indemnify, and protect City as elsewhere provided herein. The amount of such funds retained shall in no
event exceed Construction Manager's maximum compensation amount under the Schedule of
Compensation, as set forth at Exhibit "C".
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7.4 Waiver. No delay or omission in the exercise of any right or remedy by a non-defaulting
party on any default shall impair such right or remedy or be construed as a waiver. A party's consent to or
approval of any act by the other party requiring the party's consent or approval shall not be deemed to waive
or render unnecessary the other party's consent to or approval of any subsequent act.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.
7.5 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.
7.6 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 declaratory or injunctive relief, or to obtain any other
remedy consistent with the purposes of this Agreement.
7.7 Liquidated Damaqes. Since the determination of actual damages for any delay in
performance of this Agreement would be extremely difficult or impractical to determine in the event of a
breach of this Agreement,the Construction Manager and its sureties shall be liable for and shall pay to the
City liquidated damages as specified in the Schedule of Performance (Exhibit"C").The City may withhold
from any monies payable on account of services performed by the Construction Manager any accrued
liquidated damages.
7.8 Termination Prior to Expiration Of Term. This Section shall govern any termination of this
Agreement except as specifically provided in the following Section for termination for cause. The City
reserves the right to terminate this Agreement at any time, with or without cause, upon thirty (30) days
written notice to Construction Manager, except that where termination is due to the fault of the Construction
Manager, the period of notice may be such shorter time as may be determined by the Contract Officer. In
addition, the Construction Manager reserves the right to terminate this Agreement at any time, with or
without cause, upon sixty(60)days written notice to City, except that where termination is due to the fault of
the City, the period of notice may be such shortertime as the Construction Manager may determine. Upon
receipt of any notice of termination, Construction Manager shall immediately cease all services hereunder
except as may be specifically approved by the Contract Officer. Except where the Construction Manager
has initiated termination, the Construction Manager shall be entitled to compensation for all services
rendered prior to the effective date of the notice of termination and for any services authorized by the
Contract Officer thereafter in accordance with the Schedule of Compensation or as may be approved by the
Contract Officer, except as provided in Section 7.3. In the event the Construction Manager has initiated
termination,the Construction Manager shall be entitled to compensation onlyforthe reasonable value of the
work product actually produced hereunder. In the event of termination without cause pursuant to this
Section, the terminating party need not provide the non-terminating party with the opportunity to cure
pursuant to Section 7.2.
7.9 Termination for Default of Construction Manaqer. If termination is due to the failure of the
Construction Manager to fulfill its obligations under this Agreement, City may, after compliance with the
provisions of Section 7.2, take over the work and prosecute the same to completion by contract or
otherwise, and the Construction Manager shall be liable to the extent that the total cost for completion of the
services required hereunder exceeds the compensation herein stipulated (provided that the City shall use
reasonable efforts to mitigate such damages), and City may withhold any payments to the Construction
Manager for the purpose of set-off or partial payment of the amounts owed the City as previously stated.
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8.0 CITY OFFICERS AND EMPLOYEES: NON-DISCRIMINATION
8.1 Non-liabilitv of City Officers and Emplovees. No officer or employee of the City shall be
personally liable to the Construction Manager, or any successor in interest, in the event of any default or
breach by the City or for any amount which may become due to the Construction Manager or to its
successor, or for breach of any obligation of the terms of this Agreement.
8.2 Conflict of Interest. No officer or employee of the City shall have any financial interest, direct
or indirect, in this Agreement nor shall any such officer or employee participate in any decision relating to
the Agreement which effects his financial interest or the financial interest of any corporation, partnership or
association in which he is directly or indirectly, interested in violation of any State statute or regulation. The
Construction Manager warrants that it has not paid or given and will not pay or give any third party any
money or other consideration for obtaining this Agreement.
8.3 Covenant Against Discrimination.Construction Manager covenants that, by and for itself, its
heirs, executors, assigns, and all persons claiming under or through them, that there shall be no
discrimination against or segregation of, any person or group of persons on account of race, color, creed,
religion,sex, marital status, national origin, or ancestry in the performance of this Agreement. Construction
Manager shall take affirmative action to ensure that applicants are employed and that employees are
treated during employment without regard to their race, color, creed, religion, sex, marital status, national
origin, or ancestry.
9.0 MISCELLANEOUS PROVISIONS
9.1 Notice.Any notice,demand, request,document, 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 prepaid,first-class mail, in the case of the City,to the attention of the Contract Officer,
CITY OF PALM SPRINGS, Department of Aviation, Palm Springs International Airport, 3400 E Tahquitz
Canyon Way, Suite OFC, Palm Springs, California 92262. In the case of the Construction Manager, it
should be addressed to the person at the address designated on the execution page of this Agreement.
Either party may change its address by notifying the other party of the change of address in writing. Notice
shall be deemed communicated at the time personally delivered or in seventy-two (72) hours from the time
of mailing if mailed as provided in this Section.
9.2 Interpretation. The terms of this Agreement shall be construed in accordance with the
meaning of the language used and shall not be construed for or against either party by reason of the
authorship of this Agreement or any other rule of construction which might otherwise apply.
9.3 Integration; Amendment. It is understood that there are no oral agreements between the
parties hereto affecting this Agreement and this Agreement supersedes and cancels any and all previous
negotiations,arrangements,agreements and understandings, if any, between the parties, and none shall be
used to interpret this Agreement.This Agreement may be amended at any time by the mutual consent of the
parties by an instrument in writing.
9.4 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 a 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 are
hereby declared as severable and shall be interpreted to carry out the intent of the parties hereunder unless
the invalid provision is so material that its invalidity deprives either party of the basic benefit of their bargain
or renders this Agreement meaningless.
City of Palm Spangs-Palm Sprmos lotornaknat Axpod
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9.5 Corporate Authority.The persons executing this Agreement on behalf of the parties hereto
warrant that(i)such party is duly organized and existing, (ii)they are duly authorized to execute and deliver
this Agreement on behalf of said party, (iii) by so executing this Agreement,such party is formally bound to
the provisions of this Agreement,and (iv)the entering into this Agreement does not violate any provision of
any other Agreement to which said party is bound.
9.6 Responsibility for Construction Means and Methods. Construction Manager shall not be
responsible for construction means, methods,techniques, sequences, and procedures employed by Trade
Contractors in the performance of their Contracts, and shall not be responsible for the failure of any Trade
Contractorto carry out work or services for the Project in accordance with such Trade Contractor's contract
with City; provided, however, that should the Construction Manager discover any latent or unknown
conditions,which will materially affect the performance of the services hereunder,the Construction Manager
shall immediately inform the City of such fact and shall not proceed except at Construction Manager's risk
until written instructions are recei\ed from the Contract Officer.
9.7 Construction Manaqer is not an Architect/Engineer. City acknowledges that Construction
Manager is not an Architect or Engineer, nor is it responsible for any design of the Project. City has caused
these design professionals and their agents, employees, and subcontractors to carry such professional
liability insurance to address claims that mayarise out of the design professionals errors or omissions.
[SIGNATURE PAGE FOLLOWS]
N:\Agreements\Engineering\Parsons\Parsons_CM Agreement FINAL.vpd
City of Palm springs--Palm Slmngs International Auporr
Consfnicbon Managenaof7t.Serwoes Page loaf 3b
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02/11/2005 12:47 FAX 949 223 1180 ALESHIRE & WYNDER, LLP IA002/002
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EXHIBIT AC.:::::
SCHEDULE OF COMPENSATION
IN WITNESS W1,AF-REOF, the parties have executed and entered into t-tis Agreement as of the date first
written above.
CITY OF PALM SPRINGS
A I"I EST: a municipal corporcitic n
City Clerk City Man.rigor
APPROVED AS TO rt()1wM:
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City Attorney ,lledCA
CONTRACTOR: Check one:,__Individual
Coq)ov.-i1iow,,roquire two nalarizod signal�Nlls;Ac from each of the follow1my A,Clutionon of Ronid, Prosidant,or ioyVirp rrmwdont:AND R.,
qocret� y.Att-.ltaart octo I
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known to me(or proved to 11basis of satisfactory known to mo(or proved to me on the bmtlir� 'I ,Ncloty
evidence) to be the person(s) whose nirno(s) i.,;/rrm evid0rice) to be the person(e) whose name(s) Were
st)bscriho(l to the within instrument Lind acknowlodtjod to sLtbscribod to the within instrument zlnd acknowledged to
me that hvIshchricy executed the same in his/her/their me that hedaho/they c xecuwd the s11T110 in hisihor/thoir
authorized cnpactty(iLs), and that by his/her/their aviborizod captirity(es), and that by his/her/their
siqnnture(s)on the instrument the person(s),or the entity the inntrunient thepurson(s),or the entity
upon behalf of which the person(s)actod, executed the upon bohnlf of which he person(s) acted,emruked the
instrurnUni. inStrUMOnt.
WITNESS my hand Lind official seal, VVITNr,$S my hand and n ickAl se'al.
Notary Signr)ttjro:� � Notary Signaku
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IN WITNESS WHEREOF, the parties have executed and entered into this Agreement as of the date first
written above.
CITY OF PALM SPRINGS
ATTEST: a municipal corporation
By: By:
City Clerk City Manager
APPROVED AS TO FORM:
By:
City Attorney
CONTRACTOR: Check one:_Individual_Partnership_Corporation
Corporations require two notarized signatures:One from each of the following:A.Chairman of Board,President,or any Vice President.AND B
Secretary,Assistant Secretary Treasurer,Assistant Treasurer,or ChiefFinancial Officer),
By: By:
Signature (notarized) Signature (notarized)
Name: Name:
Title: ll Title:
State of State of
County of Iss County of Iss
On _ _ _ before me, On before
me,
personally appeared personally appeared
personally personally
known to me(or proved to me on the basis of satisfactory known to me(or proved to me on the basis of satisfactory
evidence) to be the person(s) whose name(s) is/are evidence) to be the person(s) whose name(s) is/are
subscribed to the within instrument and acknowledged to subscribed to the within instrument and acknowledged to
me that he/she/they executed the same in his/her/their me that he/she/they executed the same in his/her/their
authorized capacity(ies), and that by his/her/their authorized capacity(ies), and that by his/her/their
signature(s)on the instrument the person(s),or the entity signature(s)on the instrument the person(s),or the entity
upon behalf of which the person(s) acted, executed the upon behalf of which the person(s) acted, executed the
instrument. instrument.
WITNESS my hand and official seal. WITNESS my hand and official seal.
Notary Signature: Notary Signature:
Notary Seal: Notary Seal:
City ofPalm Springs-Rolm Sprngs tn(srn(ationci Airpoi'
Construction Management.Services
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I. BACKGROUND
A. The Contractor shall perform Constriction Management (CM) services at the Palm Springs
International Airport as outlined in this agreement, unless otherwise amended.
B. This agreement shall not be considered an exclusive services agreement for any specific project
listed herein. Instead, each project may be subject to a separate agreement through an amendment
to this agreement with new Notice to Proceed (NTP) for that specific project predicated on
availability of finding.
C. Scope of Work- The CM is responsible for project management review and comments on the
design documents, determining bid packaging, preparing bid packages and recommending award,
and providing constuction management services and post constriction tasks as identified within
this agreement.
D. The Construction Manager shall perform Planning/Design Management and Review, Provide
Pre-Bid/Bidding management and guidance, Provide Construction and Post Constriction
Management Services. A brief summary of these items is as follows with Exhibit"A" providing
additional description and details:
1. Planning/Design and Pre-Bid/Bidding Phase Services
a. Preliminary Evaluation - Provide a preliminary evaluation of the program and
construction budget requirements.
b. Design Review and Recommendations-Review the design packages and identify errors and
omissions, recommend corrections.
c. Value Engineering Services-Furnish information regarding availability of labor,materials,
and equipment.
d. Preliminary Cost Estimates - Provide construction cost estimates.
e. Long Lead Procurement — Assist the A/E with identifying long lead items for early
procurement. Assist the Owners Representative with the storage and delivery.
f. Trade Bid Packages—Assist in preparation of bid packages,review and manage award of the
contracts for the performance of the work contained in the design documents. Supervise and
manage the trade contractors.
g. Separate Contracts Planning-Make recommendations as to the scoping and packaging of the
work shown in the design documents.
h. Interfacing - Coordinate the interfaces necessary to scope, schedule, and tender Trade
Contracts for the total scope of the work.
i. Airport Security-Develop a security plan for Owners Representative approval to be issued
as part of the Contract Doctunents for every subcontract and trade contract.
j. Commissioning-Prepare for Owners Representative approval of a Commissioning Plan to
ensure efficient, safe, and proper operation of the constructed facility,including all systems
and installed equipment.Ensure that documentation,training,and turnover are addressed in
Ciiy of Palm Springs-naltn Springs 0=ternabonal 6Y port
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this plan.
k. Market Assessment and Stimulation of Bidder Interest - Monitor, report on, and make
recommendations regarding the market conditions for labor,materials,equipment,and trade
contract competition.
1. Tenant Relocation Plan — Provide a coordinated Tenant Relocation Plan (if needed) for
implementation throughout the constriction period.
2. Construction and Post Construction Phase Services
a. Lines of Authority- Provide competent, fill-time staff and support staff with
defined lines of authority sufficient to perform the work.
b. Trade Contracts - Manage the Trade Contractors.
C. Quality Control - Develop, implement, and maintain a formal, written Quality
Control Program approved by the Owners Representative. Obtain final approval
before trade contracts are awarded. Implement and enforce the program with
respect to all of the work.
d. Trade Contractor Interfacing - Act as the single point of interface between the
Owners Representative and all of its agents and representatives, including the
Architect/Engineer, and the trade contractors.
e. Job-Site Requirements -Provide services for managing the site, to include a log of
daily activity, roster of companies and key personnel,job-site rules and procedures,
safety program, signage, security, and parking. Provide an on-site construction
trailer.
f. Job-Site Administration- Provide services for administering the site, to include
meetings, submittal coordination, material and equipment expediting, and
document coordination.
g. Administrative Records - Maintain files containing contracts, submittals/approvals,
purchase/delivery documents, and drawings and specifications.
h. Cost Accounting/Records - Maintain files documenting the costs incurred on the
project and all records necessary to document inspections, payments, meeting
minutes, insurance certificates, reports,punch lists, schedules and updates, and the
Project Manual.
i. Occupancy- Provide services to ensure a smooth occupancy of the projects,
including inspection, commissioning, receipt of guarantees and warranties, and
implementation of the Tenant Relocation Plan.
j. Substantial Completion/Partial Substantial Completion—Arrange, conduct, and
ensure corrective actions for acceptance inspections. Provide lists and
documentation for inspections conducted jointly with the Owner,
Architect/Engineer, and the Trade Contractors.
3. Program Guidance
a. Project Management Information Reporting -The Construction Manager will assist
the Owners Representative manage the ACIP prograrn and projects to include
City of Palm Springs-Pako Spnngs Intemauanel Fli�nort
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Narrative Reports, Schedule Control, Cost Control and Estimating, Project
Accounting, Accounting and Payment, Actions Reports, and Critical Issues "Look
Ahead".
b. Contractor's Staff- Provide competent staff in all positions.
C. Disadvantaged Business Enterprise (DBE)Program- Comply with the terms of City
of Palm Springs regarding DBE requirements. Administer and implement a
comprehensive program.
d. Airport Funding - Constriction Manager will assist the Owners Representative in
soliciting for additional funding to ensure completion of project's 1 and 2 if current
allocation is insufficient.Additionally, Construction Manager will assist in preparing
appropriate documents,meetings and presentations and developing long-term strategy
for additional fiuiding of fixture airport projects.
e. Project Internet Site - Provide, host and maintain a project Internet site to contain
schedules, drawings and project information.
4. The Contractor is expected to act on behalf of the Owner as a conventional professional
Construction Manager.
II. BASIC SERVICES
This agreement shall be for Constriction Management services at the Palm Springs International
Airport for a period not to exceed three (3) years, unless amended and/or on an as needed basis. The
scope of work contemplated under this Agreement is for Construction Management services for
improvements to the Palm Springs International Airport(PSP).A detailed Scope of Services,included
in this agreement or in the form of an amendment to this agreement,shall be prepared and agreed to by
the parties on a project by project basis prior to the cormnencement of any work.
The project specific amendment shall include the maximum fee to be paid for the specific project as
well as a Schedule of Performance for the specific project. Said projects may include, but are not
limited to, the following projects:
PROJECT# PROJECT TITLEIDESCRIPTION
1 Expansion/reconfiguration of the passenger screening checkpoint.
2 Expansion/reconfiguration of passenger holding rooms.
3 Explosive Detection System (EDS) modifications and improvements.
4 Project Management/Program Guidance for ACIP program.
5 Provide general construction management services for smaller projects which may be required
by the Airport. Typical projects may include, but are not limited to the following:
• Coordination of tenant improvements;
• Construct-ability analysis for buildings located at the Airport;
• Review of plans and specifications;
• Clarification on associated Airport construction issues.
City orFaIm Springs-Paln2 Springs Internerionnl At'-port
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A. The level and/or type of construction management services to be provided by the Construction
Manager shall be determined on a project by project basis as provided above.
B. Each project shall be issued a specific"Notice to Proceed". Said"Notice to Proceed"shall identify
the specific task assignments to be carried out.
C. Strategy-Depending on the specific project needs and requirements, construction work shall be
completed in phases to acconmiodate usage of the Airport premises during construction.The trade
contractor cannot interrupt or interface with any Airport Operation without prior written approval
from the CM.
D. Organization-A primary on site construction team will manage the project elements in the design
packages. A Project Manager and a Construction Manager will manage the Program and control
the Business Administration, Contracts Administration, Safety, Quality Control and Inspection,
Project Controls,Tenant Liaison,and the Community Small Business Enterprise Program(CSBE)
E. The City may elect to seek a variety of specific task assignments, on a project by project basis
from the Construction Manager. These tasks are as follows:
Phase 1-Planning/Design
TASK TITLE/DESCRIPTION
ASSIGNMENT
1 Preliminary Management Plan-Constriction Manager shall prepare a Management
Plan for the City of Palm Springs, Department of Aviation (Owner's
Representative), which will establish the general basis for the sequence of
contracting for construction of the Project.
2 Final Management Plan - Evaluate the local construction market, the Airport and
City's resources, the Airports schedule and budget goals of the Project, develop
various alternative approaches, and make recommendations to the Owners
Representative. Upon approval by the Owner's Representative of the Construction
Management Plan, Construction Manager shall prepare the Construction
Management plan in final form.
3 Monitor — Provide monitoring of all Project activities as required until working
drawings are submitted for plan check and shall report same to Owner's
Representative.
4 Project Budget - Maintain/update the Project budget monthly as decisions by the
Owner's Representative are implemented.
5 Cost Studies - Evaluate alternative design solutions/elements as directed by the
Owner's Representative and report same to Owners Representative.
6 Value Engineering-Conduct value engineering studies on elements of the design as
directed by the Owner's Representative and report same to Owners Representative.
7 Constructability Review-Complete a constrictability review on working drawings.
City ofPohn Sp+'ings-flihn 3pnrps InterM.Acnol Arpor4
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8 I Construction Phase Schedule -Develop preliminary construction phase schedule.
9 Cash Flow- Prepare a cash flow chart for the Project's duration.
Phase II-Pre-Bid/Bidding
TASK TITLE/DESCRLPTLON
ASSIGNMENT
10 Master Project Schedule - Constriction Manager shall develop a Master Project
Schedule that will contain key milestones to be accomplished by the Project
participants, including a schedule of the Architect's and Consultant's design
activities.
11 Project Budget- To assist the Project, Construction Manager shall provide a plan
and budget for all items that will be required for the Project. These include such
things as reproduction of the drawings and specifications for bidding,various other
office administrative costs and the cost for required services at the site.
Construction Manager shall review the requirements,the Airport's scheduled goals
and existing budget data.
12 Budget Reports - Weekly, or as requested by the Owner's Representative,
Construction Manager shall make a report of the budget to the Owners
Representative indicating: 1) shortfalls or surpluses in the budget (against design
estimates), and 2) recommendations for cost reductions and value engineering.
13 Cost Management Procedures - Construction Manager shall implement and
maintain cost management procedures tluoughout the pre-construction phase.When
changes are made and approved by the Owners Representative, these changes can
be recorded and the cost effect can be documented.
14 Project Management Review - Construction Manager shall provide input to the
Owners Representative and Architect relative to value,sequencing of construction
phases, duration of construction, and constructability.
15 Coordination Review- Construction Manager shall review the Architect 50% and
90% Contract Document submissions and provide written comments on the
coordination of the various disciplines, including civil, structural, architectural,
mechanical, electrical, pl u ibing and landscape.
16 Cost Adjustment Sessions - Should significant variance be detected in the 50%or
90%Construction Document Estimates, Construction Manager shall conduct cost
adjustment sessions with the Architect and the Owner's Representative. At the
conclusion of these sessions, Construction Manager, in conjunction with the
Owners Representative, shall request commitments from the Architect for design
adjustments to the documents in an effort to maintain the project budget.
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17 Conditions of Constriction - Constriction Manager shall advise the Owner's
Representative as to the form and content of the Invitation to Bid and the form of
Proposal for each trade contract for construction. Construction Manager shall
submit the General Conditions to the Architect and make suggestions for their
inclusion into the Construction Documents.
18 Management of Bidding Process - Construction Manager shall assist the Owners
Representative in the overall bidding process. The four proposed steps are as
follows:
-Bidding Procedures:In cooperation with the Architect and the City's Procurement
Office, Constriction Manager shall develop bidding procedures for bid document
issuances, bidder tracking and receipt of proposals.
- Generate Bidder Interest: Construction Manager shall maintain contact with
potential bidders on a regular basis throughout the bid period.
- Bid Advertisements: Constriction Manager shall assist the Owner's
Representative and the Architect in preparing and placing notices and
advertisements to solicit bids on the Project.
-Prepare Bid Document Deliverv:hi conjunction with the Owner' Representative
and Architect, Construction Manager shall coordinate and expedite the preparation
and delivery of Bid Documents and addenda to the bidders that may include:
- Prepare summaries, scope of work Bid Packages
- Arrange to secure documents from Architect(s)
-Arrange for printing, binding, and wrapping
-Arrange for delivery to bidders
- Follow up calls to bidders
19 Pre-Bid Conference(s) - In conjunction with the Owners Representative and
Architect, Constriction Manager shall assist with pre-bid conferences. These
conferences will be a forum for the Owners Representative, City, Construction
Manager and Architect to present the project requirements to the bidders,including
pre-qualification requirements as appropriate.
20 Coordination and Inquiries - Construction Manager shall coordinate
communications related to Bidder inquiries and seek resolution from the
appropriate party and provide timely forwarding of such information to the bidders.
21 Addenda Review-Constriction Manager shall provide a review of each addendLmi
during the Bid Phase for time, cost, or constrictability impact, and make
appropriate continents or recommendations.
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22 Bid Evaluation-Construction Manager shall assist the Owners Representative with
contractor pre-qualifications, the bid opening, evaluation of the bids for
completeness,responsiveness and price,including alternate prices and unit prices,
and shall make a fonnal report to the Owners Representative with regard to the
potential award of trade contracts and provide Owners Representative assessment of
the bids relative to project budget. The CM will advise the Owners Representative
of a preferred course of action consistent with budget and schedule.
23 Construction Contract(s) - Construction Manager shall assist the City in the
preparation of the construction contracts.
24 Cost Estimate - Prepare a detailed estimate at the conclusion of design work.
"Detailed" shall be defined as no less than ten(10)trade areas.
25 Project Procedure Manual-Construction Manager shall prepare a Project Procedure
Manual for the Owner Representatives review and approval and based upon City
Standard Construction Management Procedures. Copies of manual shall be
provided to trade contractors.
26 Bid Document Review-Construction Manager shall conduct a final review of bid
documents for completeness and accuracy once plan check corrections are made.
27 Bid Package— Construction Manager shall assist the Owners Representative and
City's Procurement Office in the preparation of"front end" documents for the bid
packages. Said "Front Ends" shall be based on City Standard Front End.
28 Bidding Procedures—The Construction Manager shall develop bidding procedures
in coordination with the Owners Representative and the City's Procurement Office.
29 Project Seminar—The Construction Manager will conduct one information seminar
for local trade contractors concerning the project and how to participate as a sub or
a sub to a larger sub.
30 Pre-Bid Conferences—The Construction Manager shall conduct a minimum of 1
pre-bid conference.
31 Bid Evaluation — The Construction Manager shall receive, tabulate and analyze
trade contractor bids.
32 Recommendations—The Construction Manager shall make recormnendations for
trade contractor bid awards.
33 Contract Negotiations — The Construction Manager shall assist the Owners
Representative in negotiating contracts in coordination with the Director of
Procurement & Contracting.
34 Contract Documents — The Construction Manager shall assemble and prepare
contracts and related documents for the Owner's Representative review and
City of Palm i ings-Patin Spangs International Airpoit
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execution.
35 Public Relations Activities - Construction Manager shall assist the City and
Architect in public relations activities including preparation of the Project
information and attendance at internal and public meetings, as required, including
the site meetings and City Committee meetings as required by the City.
36 Federal Requirements-Construction Manager shall include and review for proper
language, any and all federal requirements, including, but not limited to, Dis-
Advantaged Business Enterprise, Davis-Bacon Wage Rates, United States steel.
Phase III- Construction
TASK TITLE/DESCRIPTtoN
ASSIGNMENT
37 Project Management Services - provided in association with Construction
Management activities that relate to the trade contractors conunence between bid
preparation and bid opening and continue for thirty-five(35)calendar days beyond
the final filing of the notice or notices of completion. Construction Manager will
assist the Owners Representative in resolving conflicts with the trade contractors
during any and all warrantee periods that are provided by the trade contractors.
38 Project Administration - Construction Manager shall provide reporting and
documentation that starts prior to the Construction Managers' preconstruction
conference, site construction services (general conditions items including
supervision and administration of the Project), conducting construction progress
meetings, providing progress reports, processing contractor requests for
information(RFI's), reviewing and recommending the approval or disapproval of
change orders and payments to the contractor,maintaining record keeping to assist
the Owners Representative in negotiations, mediation or arbitration of claims or
disputes.
39 Preconstruction Conference(s) - Construction Manager shall conduct, in
conjunction with the Owners Representative and the Architect, preconstruction
orientation conferences for the benefit of the successful trade contractors and can
serve to orient the trade contractors to the various reporting procedures and site
rules prior to the commencement of actual construction.
40 Contract Administration - Construction Manager shall administer the trade
contracts as provided in the General Conditions of the trade contractors for
construction.
41 Submittal Procedures - Construction Manager shall establish and implement
procedures for submittals, change orders,payment requests and other procedures;
and maintain logs, files, and other necessary documentation.
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42 Job Site Meetings-Construction Manager shall coordinate regular job-site progress
meetings with the prime contractors, and can distribute minutes to all meeting
attendees, the City, and all other appropriate parties.
43 Coordination of Technical Inspection and Testing - Construction Manager will
coordinate with the City's certified inspector all testing required by the Architect or
other third parties. All inspection reports can be provided to trade contractors on a
regular basis.
44 Construction Observation-Construction Manager shall observe the progress of the
work and advise the City of any deviations, defects or deficiencies observed in the
work. The Constriction Managers observation duties shall include reasonable
diligence to discover work that is not in compliance with the Contract Documents.
These observations will not, however, cause Construction Manager to be
responsible for those duties and responsibilities that belong to the Architect, the
City inspector or the trade contractors. These include, but are not limited to, the
Architects obligations to produce clear, accurate drawings and specifications and
the trade contractors responsibilities for the techniques and sequences of
constriction and safety precautions incidental thereto, and for performing the
construction work in accordance with the Contract Documents.
45 Non-Conforming Work - Construction Manager shall, in conjrmetion with the
Architect and inspector, review trade contractors recommendations for corrective
action on observed non-conforming work. Construction Manager shall make
recommendations to the Owners Representative, the Architect, and inspector in
instances where it observes work that, in its opinion, is defective or not in
conformance with the Contract Documents.
46 Exercise of Contract Prerogatives-When appropriate,Constriction Manager shall
advise the City and make recommmendations to the Owners Representative for
exercising the City's contract prerogatives, such as giving the trade contractors
notice to accelerate the progress when the schedule goals are in jeopardy due to
trade contractors', withholding payment for cause and other prerogatives when
required in an effort to achieve contract compliance.
47 Master Construction Schedule-Construction Manager shall continue to update and
maintain the Master Constriction Schedule and distribute the updated Master
Schedule to the Owners Representative,Architect and other appropriate parties.The
CM will maintain best efforts to ensure proj ect remains on schedule and will advise
Owners Representative accordingly.
48 Monthly Contractor Payment - Constriction Manager shall review and make
recommendations pertaining to monthly payments to the trade contractors.
49 Evaluate Proposal Cost-Construction Manager shall evaluate the trade contractors'
cost proposals and can make formal recommendations to the Owners
City of Pnlm Springs-Pa(m Spring
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Representative regarding acceptance of the proposals for any Change Orders as
required.
50 Negotiation of Change Order Costs and Time Extensions - Construction Manager
shall assist the OWNERS REPRESENTATIVE and the Architect in negotiating
Change Order costs and time extensions.
51 Change Order Reports-Construction Manager shall prepare and distribute Change
Order reports on a monthly basis throughout the construction phase. The report
shall provide information pertaining to proposed and executed change orders and
their effect on the contract price as of the date of the report.
52 Trade Contractor Manager Schedule Claims-Construction Manager shall be given
copies of all notices of claims by Trade Contractors against the City for any alleged
cause. Construction Manager shall perform a preliminary review, if appropriate.
After an evaluation of the actual progress as observed by Construction Manager,
scheduled activities can be assigned percentage-cornplete values in conjunction
with the trade contractors. The report shall reflect actual progress as compared to
schedule progress noting variances (if any) as negative float. The report shall also
be the basis for determining implementation of certain City prerogatives concerning
progress of the project, when required.
53 Recovery Schedule: If requested by the Owners Representative, Construction
Manager shall assist the trade contractor in preparing a Recovery Schedule. This
Recovery Schedule can reflect the connective action and extraordinary efforts to be
undertaken by the trade contractor to recapture lost time. This Recovery Schedule
will be distributed to the trade contractors,the City,Architect and other appropriate
parties.
54 Claims Analysis:If requested by the Owners Representative,Construction Manager
shall analyze the claims for extension of time and shall prepare an impact
evaluation report that can reflect the actual impact to the schedule. The report can
also provide a narrative including a recommendation for action to the City.
55 Evaluate Claim Cost: If requested by the Owners Representative, Construction
Manager shall prepare estimates based on the alleged cause of claims submitted by
the trade contractors and shall prepare alternate estimates based on varying
scenarios of the claim cause. These estimates can be transmitted to the City and can
be used in claim rulings and negotiations.
56 Trade Contractor Claims Negotiations: If requested by the City, Construction
Manager will negotiate claims with the trade contractor on behalf of the City.
Construction Manager shall make a recormnendation to the City concerning
settlement or other appropriate action.
57 Construction Schedule:Upon the Owners Representative transmission of a Notice
City a'`Anlm Springs-PoGn Sprtngs Intern�olionel Airpod
consiraction rJlanagement services
Pago 21 of 35
C J
..'NN +III i.' "
F dGa.�l.,d� "�a
of Award to the successful trade contractor,Construction Manager shall review the
trade contractor's development of its detailed constriction schedule within the
framework of the submitted Preliminary Provisional Schedule. Construction
Manager shall distribute the Construction Schedule to the trade contractor, the
Owners Representative, the Architect and other appropriate panties.
58 Schedule of Values - Construction Manager will review, with the Architect, for
compliance each Contractor Schedule of Values.
59 Final Completion - Construction Manager, in conjunction with the Architect and
the inspector, will at the conclusion of all corrective action of all punch list items,
make a final comprehensive review of the Project,make a report to the City which
can indicate whether Constriction Manager and the Architect find the work
performed acceptable under the Contract Documents and the relevant project data,
and make recommendations as to final payment to the Trade Contractor(s)and the
notice of completion.
60 Contractor Supervision — The Construction Manager will maintain full-time
supervision of the work; "full-time" is defined as during all hours that trade
contractors are on the site.
61 Field Logs—The Construction Manager will maintain field logs,reports and testing
report files. Log entries shall be no more than 48 hours after said event.
62 Submittal Process—The Construction Manager will manage the submittal process
as outlined in the Architect's Project Specifications and maintain on-site submittal
log so the Owner's Representative may ascertain completeness of submittal
processes.
63 Monitor Compliance—The Construction Manage will monitor contract compliance
with all trade contractors. Non-compliance shall be reported to Owner's
Representative at weekly construction meetings with proposed corrective action.
64 Safety Program—The Construction Manager will verify that the trade contractors'
safety programs are in accordance with the City's safety program.The Construction
Manager will monitor the implementation of each trade contractors'safety program
for the duration of the Project.
65 Quality Control Program — The Construction Manager will implement and
document a quality control program,subject to review and approval of the Owner's
Representative, for the term of the construction project.
66 FAA Reporting - Construction Manager shall oversee, request, document and/or
submit any and all project reporting requirements as mandated by the Federal
Aviation Administration(FAA).
67 Security Escort- Construction Manager shall provide a security escort function so
City ur Pohn 5pr(ngs-F'elirr Springs laternabonat Flnport
Ccnsialclion f¢lanage.ment Services
rage 22 of 35
as to meet the project security requirements as mandated by the Transportation
Security Administration(TSA).
Phase IV-Post Construction
TASK TITLE/DESCRIPnoN
ASSIGNMENT
68 Occupancy Permit- Construction Manager shall assist the Owners Representative
in obtaining the occupancy permit. This task may encompass accompanying
governmental officials(Fire Marshal,Building Department,etc.)during inspections
of the facility, assisting in preparing and submitting proper documentation to the
appropriate approving agencies, assisting in final testing and other necessary and
reasonable activities.
69 Final Project Report-At the conclusion of the proj ect,Construction Manager shall
prepare final project accounting and close-out reports of all above indicated report
systems. These reports can summarize, for historical purposes, any items that are
not self-explanatory.
70 Final Punch List — The Construction Manager will coordinate correction of any
remaining punch-list or defective work items.
71 Owner Occupancy—The Construction Manager will assist in the coordination for
owner move in.
72 Turnover — The Constriction Manager will coordinate all testing, turnover and
training activities required from the various trade contractors and equipment
suppliers when required.
73 As-Build Documents — The Construction Manager will assemble all as-built
documents,warranties and guarantees so received by the trade contractors and shall
compile them in indexed notebooks.
74 Closeout Activities — The Construction Manager will lead contract close-out
activities in coordination with the Owner's Representative.
75 Opening Ceremony — The Construction Manager will assist the Owner's
Representative in preparation for grand opening ceremony.
Phase V-Program Guidance
TASK TITLE/DESCR7PTION
ASSIGNMENT
76 Project Management Information Reporting -The Constriction Manager will assist
the Owners Representative manage the ACIP program and projects to include
Narrative Reports, Schedule Control, Cost Control and Estimating, Project
City afPelm S'p3rings-Pepin Springs Gtferraoriona!Airport
Cans(niotiori Meriac�ernan{Seiwoas
fteigo 23 of 35
0
Accounting,Accounting and Payment,Actions Reports, and Critical Issues "Look
Ahead".
77 Disadvantaged Business Enterprise (DBE) Program - Comply with the terms of
City of Palm Springs regarding DBE requirements. Administer and implement a
program.
78 Airport Funding- Construction Manager will assist the Owners Representative in
soliciting for additional Rending to ensure completion of project's 1 and 2 if current
allocation is insufficient. Additionally, Construction Manager will assist in
preparing appropriate documents,meetings and presentations and developing long-
term strategy for additional fimding of future airport projects.
79 Project Internet Site — Construction Manager will provide, host and maintain a
project Internet site to contain schedules, drawings and project information.
F. Task Assignment Clarifications:
ITEM# ASSUMPTIONS/CLARIFICATIONS
Project Duration This agreement is for the duration of 36 months. The NTP for project 1 as
specified in Exhibit"C" is effective 17 November 2004. Additionally,
Project 1 fimding is specifically associated with AIP 37 and is currently
funded. Funding for Project 2 is contingent on AIP 38 with expected
funding to support this project in August 2005. As indicated in Exhibit
"D"— Schedule of Performance, Project 2 construction is platmed to
begin no earlier than September 2005. A separate NTP will be issued for
Project 2.
In order to better manage the conduct of the Terminal Expansion Projects
for cost and schedule assessments each project under this agreement will
be phased as follows: (The support of Phase 5 is to support the Airport
with program and finding issues through construction.)
• Phase 1 (Planning/Design)
• Phase 2 (Pre-Bid/Bidding)
• Phase 3 (Construction)
• Phase 4 (Post Construction)
• Phase 5 (Program Management/ Guidance—Assist Airport in
Funding Strategies)
Completion of The Design Consultant (A/E) is contracted with the City of Palm Springs
Design Phase throughout the duration of construction and sufficiently staffed to provide
the following:
City of)-,aim Springs-Pala?,13prings lnternaeionel Airport
Coal(ruction Management Sen w"
Ppge 24 of 35
B,
1'PC1FI31f "A"
ITEM# ASSUMPTIONS/CLARIFICATIONS
• Submittal review(7-day turn around)
• RFI response (3-day turn around)
• Non-conformance evaluations (3-day turn around)
• Design revisions (14-day turn around)
• VECP review(7-day turn around)
• Design review related to claims (14-day turn around)
• As-built drawing preparation (I 4-dayturn around)
Mobilization Mobilization during Phase 1 is estimated to be completed within 10 days of
NTP. Assumed mobilization for construction phase would cormnence 1
month prior to construction phase.Mobilization for construction supervisory
personnel commences at constriction contract award. Initially utilizing the
Las Vegas&San Francisco office,field persomnel will mobilize at NTP,and
mobilize to field office within 2 weeks prior to start of construction phase.
Construction Shifts Our staffing level is based on a construction schedule that uses a single 5x8
contractor work schedule. Coverage is based on the following contractor
driven work approach:
• On site during any work scheduled for subcontractors and vendors.
Staff Overtime No overtime is included in this agreement. Construction Manager staffing is
based on a single 5x8 work schedule concurrent to the contractors
operations.
Request For Construction Manager assumes design related BFI's will be submitted to the
Information (BFI's) A/E for timely review and response.The Construction Manager will track all
BFI's using commercially available software such as Microsoft Expedition
or equivalent. Contractors to provide RFIs in both electronic and hard copy
format. RFI response turn around by A/E shall not exceed three(3)calendar
days.
Project Guidance Program/Project Manager will assist the Owners Representative in soliciting
for additional finding to ensure completion of projects 1 and 2 if current
allocation is insufficient.Additionally, Construction Manager will assist in
preparing appropriate docuunents, meetings and presentations and
developing long-term strategy for additional finding of fixture airport
projects.
Contractor/Vendor Construction Manager's pricing is based on processing all necessary
Submittal Reviews submittal packages(including I revision per submittal)over the duration of
project 1 and 2. It is assumed that design related submittal packages are to
be submitted to the AE for timely review and response(7-day turn around).
The Construction Manager will track RFI's using connnercially available
software such as Microsoft Expedition or equivalent. Contractor shall
City ai l'alm Spnngs-Palm 5prings International An port
Consirucllon Management Services
Page 25 of :5
(3
�v%
ITEM# ASSUMPTIONS/CLARIFICATIONS
provide an adequate number of copies for distribution/record retention.
Construction Construction Manager will provide a separate field office trailer for the sole
Manager Office use of the construction management team.The office will be firlly fiurctional
with furnishings and equipment as outlined in the construction
specifications.
Field Vehicles The Construction Manager will provide necessary vehicles for each fall time
assigned field construction superintendent as well as necessary equipment
such as cell phone, safety beacon necessary to work on Airfield.These items
will not be directly billed to the City as a separate billable charge. The City
or Airport will not provide vehicles for CM use.
Permits Construction Manager will assist Owners staff with all necessary permitting
activities required for construction phase.
Contractor Construction Manager provides full time resident construction supervision,
Supervision which is accessible full time during construction activities.
Contractor Construction Manager will assist Owners Representative staff to ensure
Compliance contractors fully comply with contract requirements regarding scheduling,
submittals, and supervision.
Nan-Conformance The Construction Manager will manage all necessary non-conformance
issues.
Quality Control QC inspection and testing results generated, as required by construction
(QC) Program contractors are not part of this agreement. The Quality Assurance (QA)
effort by the CM will be structured to periodically verify the QC results, as
well as to validate the quality process. This QA role will utilize side-by-side
and independent tests and observations, as well as performance audits to
ensure a quality product.
Cigi c�,palm Spnncs-P7�Im Spnr>a,fnternatlaeolAirport
consiruation N,anac3ement Seivlces
nsrre 23 cf 3
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Section 4.2 The Contract Officer for this agreement is hereby designated as the following:
Richard S Walsh, A.A.E.
Director of Aviation
City of Palm Springs, Dept of Aviation
Palm Springs International Airport
760/318-3901
FAX 760/318-3815
Richards a[7ci.palm-springs.ca.us
Section 5.1 No special insurance is required as set forth by Section 5.1(d).
Section 5.5 Builder's Risk Insurance.The City shall procure and maintain, at its sole cost and expense,
a Builder's Risk Insurance Policy written on a per occurrence basis in an amount of$5,000,000 atjobsite,
excluding coverage for earthquake and flood damages.The Builder's Risk Insurance Policy shall name the
Construction Manager as an additional insured. In executing this Agreement, the City expressly agrees to
waive any and all subrogation claims against Construction Manager for any and all items covered within
said Builder's Risk insurance policy; provided, however,that nothing herein shall be construed as a waiver
of any and all of the terms and conditions of insurance policies other than the Builder's Risk Policy, as set
forth in Section 5.0 of the Agreement.
I. TITLE VI ASSURANCES
A. During the performance of this agreement,the Construction Manager,for itself,its assignees and
successors in interest agrees as follows:
1. Compliance with Regulations. The Constriction Manager shall comply with the
regulations relative to nondiscrimination in Federally assisted programs of the
Department of Transportation (hereinafter "DOT") 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 herein incorporated by reference and
made a part of this agreement.
2. Nondiscrimination.The Constriction Manager,with regard to the work performed
by them during the agreement, shall not discriminate on the grounds of race,
color, or national origin in the selection and retention of subcontractors, including
procurement of materials and leases of equipment.The Constriction Manager shall
not participate either directly or indirectly in the discrimination prohibited by
Section 2.5 of the Regulations,including employinent practices when the contract
covers a program set forth in Appendix B of the Regulations.
3. Solicitations for Subcontracts,Including Procurement of Materials and Equipment.
In all solicitations either by competitive bidding or negotiation made by the
Construction Manager for work to be performed render subcontract, including
procurement of materials or leases of equipment, each potential subcontractor or
supplier shall be notified by the Constriction Manager of the Construction
Manager's obligations under this contract and the Regulations relative to
nondiscrimination on the grounds of race, color, or national origin.
City of Pclm£pangs-Palin 5prorls Internationet Airport
Construction AOanogment services
b'nge 27 o" 3
�eai vde��.:u• u`�fi
4. Information and Reports. The Construction Manager shall provide all information
and reports required by the Regulations or directives issued pursuant thereto and
shall permit access to its books, records, accounts, other sources of information,
and its facilities as may be determined by the City or the Federal Aviation
Administration (FAA) to be pertinent to ascertain compliance with such
Regulations, orders, and instructions. Where any information required of a
contractor is in the exclusive possession of another who fails or refuses to furnish
this information,the Construction Manager shall so certify to the City or the FAA,
as appropriate, and shall set forth what efforts it has made to obtain the
information.
5. Sanctions for Noncompliance. In the event of the Constriction Manager's
noncompliance with the nondiscrimination provisions of this agreement, the City
shall impose such contract sanctions as it or the FAA may determine to be
appropriate,including,but not limited to withholding of payments to the contractor
under the contract mrtil the contractor complies.
11. MINORITY BUSINESS ENTERPRISE (MBE) ASSURANCES
A. It is the policy of the Department of Transportation(DOT)that minority business enterprises as
defined in 49 CFR Part 23 shall have the maximrnn opportunity to participate in the performance
of contracts and subcontracts financed in whole or in part with Federal fiends tinder this
agreement. Consequently, the MBE requirements of 49 CFR Part 23 apply to this agreement.
B. The Construction Manager agrees to ensure that minority business enterprises as defined in 49
CFR Part 23 have the maximum opportunity to participate in the performance of contracts and
subcontracts financed in whole or in part with Federal fiords provided under this agreement. hi
this regard, all contractors shall take all necessary and reasonable steps in accordance with 49
CPR Part 23 to ensure that minority business enterprises have the maximum opportunity to
compete for and perform contracts. Contractors shall not discriminate on the basis of race,color,
or national origin, or sex in the award and performance of DOT assigned contracts.
111. CITY'S RESPONSIBILITIES
A. The City shall make available to the Construction Manager all technical data that is in the City's
possession including maps,surveys,property descriptions,borings,and other information required
by the Construction Manager and related to his work.
B. The City agrees to cooperate with the Construction Manager in the approval of all plans and
specifications, or should they disapprove of any part of said plans and specifications, shall make a
decision timely in order that no undue expense will be accrue to the Construction Manager because
of lack of decisions.
C. The City shall pay publishing costs for advertisements of notices,public hearings,requests forbids,
City of Palm Springs-halm Spriggs hiternarrnnof Airport
Construction dHanayemenf services
pogra 28 of 35
301
and other similar items; shall pay for all permits and licenses that may be required by local,state,or
Federal authorities; and shall secure the necessary land, easements, rights-of-way required for the
proj ect.
IV. CONSTRUCTION MANAGER'S RESPONSIBILITIES
A. The City and the FAA or any of their duly authorized representatives shall have access to any
books, documents, papers, and all other records which are directly related to this project(s) for the
purpose of making audit, examination, excerpts, and transcriptions.
B. The Construction Manager agrees to comply with Federal Executive Order No. 11246, entitled,
"Equal Employment Opportunity",as supplemented in Department of Labor Regulations(41 CFR,
Part 60)if this "agreement"exceeds$10,000' Sections 103 and 107 of the Contract Work Hours and
Safety Standards Act(40 USC 317-330)as supplemented by Department of Labor Regulations(29
CFR, Part 5) if this "agreement" exceeds $25,000; and all applicable standards, orders, and
regulations issued pursuant to the Clean Air Act of 1970 if this "agreement exceeds $100,000.
C. Incorporation of Provisions
1. The Construction Manager shall include the provisions of Sections I and II of the
Regulations in every subcontract including procurement of materials and leases of
equipment, unless exempt by the Regulations or directives issued pursuant thereto. The
Construction Manager shall take such action with respect to any subcontract or procurement
as the City or the FAA 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 suppliers as a result of
such direction,the engineer may request the City to enter into such litigation to protect the
interests of the City and, in addition, the Construction Manager may request the United
States to enter into such litigation to protect the interests of the United States.
V. AVIATION SECURITY
A. Prior to being granted access to certain secured areas of the Airport,the Constriction Manager and
all associated sub-consultants shall successfully complete a fingerprint based Criminal History
Records Check(CHRC)in accordance with 49 CPR 1542.209 and/or the Airport Security Program
(ASP).
B. The Construction Manager shall provide to the AIRPORT prior to the commencement of
construction, a letter authorizing an individual(s) to approve the issuance of security badges.
C. All Contractor personnel who require access to certain secured areas of the Airport must obtain,and
conspicuously display on their person at all times when they are within these areas, an Airport
issued security identification badge,as outlined in the ASP. The appropriate badge may be obtained
at the Airport Operations Center located in the terminal building.
rat)/of Palm Spemgs-PaOar Springs Intomafional Airpod
construction Manogen?enf Svvices
dare P,9 of 35
3Z
D. Identification badge and vehicle permit fees for the Construction Manager and associated sub-
consultants are hereby waived.
E. Once the CHRC has been successfully completed, the Construction Manager and associated sub-
consultant must satisfactorily complete a required training class on airport security. Attendance of
the class and subsequent issuance of the security identification badge may take longer than 2 hours
per person.
F. Vehicles to be utilized by the Construction Manager and associated sub-consultants that require
access to certain secured areas of the Airport are required to have conspicuously posted on said
vehicle a vehicle permit issued by the City. This vehicle permit shall hold the Construction Manager
responsible for both the vehicle and all personnel within the vehicle while the vehicle is on airport
property. All vehicles in full view, and at all times, a 3 foot by 3 foot flag with 1 foot checks of
international orange and white. During nigh time hours, an amber rotating beacon is required.
G. All violations of Airport security are also violations of the City of Palm Springs Municipal Code
11.33.052. Any such violation may result in arrest,the issuance of a citation and/or the immediate
revocation of access privileges.
H. Criminal History Records Check(CHRC)
1. The Contractor will be required to submit to the AIRPORT, prior to commencing work in
accordance with this agreement, a letter authorizing specific Contractor representatives to
approve the issuance of Airport Identification badges and the processing of a fingerprint based
Criminal History Records Check(CHRC) and/or an employment history verification.
2. Each of the Contractor's employees will be required to successfully complete a Criminal History
Records Check(CHRC)in accordance with 49 CFR Part 1542.Employment history verification
records and/or CHRC results must be made available to the AIRPORT, the Transportation
Security Administration (TSA) and/or Federal Aviation Administration (FAA) innnediately
upon request.
a. Under certain circumstances, and out of control of the AIRPORT, security measures
may change on short notice. No deviations from any security measure shall be allowed at
any tirne.
3. All Contractor personnel who will be performing services in accordance with this agreement,
prior to the issuance of an Airport Identification badge,must successfully complete a fingerprint
based Criminal History Records Check (CHRC). In accordance with CFR 49 1542.209, the
CHRC must disclose that the applicant has not been convicted,or found not guilty by reason of
insanity, of any of the disqualifying crimes listed below or as stated in 49 CFR 1542,209,during
the 10 years before the date of the individual's application for unescorted access authority, or
while the individual has unescorted access authority.The disqualifying criminal offenses are as
follows:
GitvofPnlm 3pnngs-Perm 13prhigs lntorneh'ozel Airport
Constrticrtion Managernenl.Services
Ps;,e S0 of 35
L: a a,
a. Forgery of certificates,false marking of aircraft,and other aircraft registration violation;
49 U.S.C. 46306.
b. Interference with air navigation; 49 U.S.C. 46308.
c. Improper transportation of a hazardous material; 49 U.S.C. 46312.
d. Aircraft piracy; 49 U.S.C. 46502.
e. Interference with flight crew members or flight attendants; 49 U.S.C. 46504.
f. Commission of certain crimes aboard aircraft in flight; 49 U.S.C. 46506.
g. Carrying a weapon or explosive aboard aircraft; 49 U.S.C. 46505.
h. Conveying false information and threats; 49 U.S.C. 46507.
i. Aircraft piracy outside the special aircraft jurisdiction of the United States; 49 U.S.C.
46502(b).
j. Lighting violations involving transporting controlled substances; 49 U.S.C. 46315.
k. Unlawful entry into an aircraft or airport area that serves air carriers or foreign air
carriers contrary to established security requirements; 49 U.S.C. 46314.
1. Destruction of an aircraft or aircraft facility; 18 U.S.C. 32.
m. Murder.
n. Assault with intent to murder.
o. Espionage.
p. Sedition.
q. Kidnapping or hostage taking.
r. Treason.
s. Rape or aggravated sexual abuse.
t. Unlawful possession,use,sale, distribution,or manufacture of an explosive or weapon.
u. Extortion.
v. Armed or felony unarmed robbery.
w. Distribution of, or intent to distribute, a controlled substance.
x. Felony arson.
y. Felony involving a threat.
z. Felony involving-
(1) Willful destruction of property;
(2) Importation or manufacture of a controlled substance;
(3) Burglary;
(4) Theft;
(5) Dishonesty, fraud, or misrepresentation;
(6) Possession or distribution of stolen property;
(7) Aggravated assault;
(8) Bribery; or
(9) llegal possession of a controlled substance punishable by a maximum term of
imprisonment of more than I year.
aa. Violence at international airports; 18 U.S.C. 37.
bb. Conspiracy or attempt to commit any of the criminal acts listed in this paragraph(d).
4. The AIRPORT utilizes an electronic fingerprint machine,which will be utilized for the taking and
GiPy ofP4alm Springs-Polm Spo:n is IntanWicoal An port
Construction Management Sarerces
Page.47 of 35
IP
submission of fingerprints.
i.Generally, CHRC results are returned to the AIRPORT from the TSA within 3-5 business days.
cc. Employee Security Badges
i.All Contractor personnel who will be performing services as outlined in this agreement must
obtain, and conspicuously display on their person at all times when they are on duty, an
Airport issued security identification badge.
H.The appropriate badge may be obtained at the Airport Operations Center located in the terminal
building. The cost for each identification badge is $25.00. Each CHRC also costs $35.00.
Stolen and/or lost identification badges are subject to a$35.00 replacement fee.
iii.All badges are to be returned to the AIRPORT when the services are no longer required.
iv.In order to obtain a Security Identification Display Area (SIDA) identification badge, each
Contractor employee must have satisfactorily completed the aforementioned CHRC and
successfully completed a required training class on airport security.Attendance of the class
and subsequent issuance of the security identification badge may take longer than 2 hours
per person.
1. SIDA training will be provided by the AIRPORT and will be scheduled at a mutually
agreeable time to the Contractor and the AIRPORT.
CkV of Palm Springs-Palm Springs internationof Airport
ConsMucliou f!lanagenlent services
L_3
HOURLY RATES AND BILLING PROCEDURES
I. Reimbursable Costs
A. Costs incurred must be consistent with the Federal cost principles contained in 48 CFR,Part 31,to
be reimbursable under an airport planning or development grant. These costs have been estimated
and included in the lump sum payment.
II. Labor rates
A. Listed Rates are inclusive of direct salary costs,labor overhead,general and administrative costs,
direct nonsalary expenses and profit.
B. Parsons billing rates.
ProjectManager ..........................................................................................................$132.50/hr
Construction Manager........................................................................ $139.79/hr
Superintendent ............................................................................................................$118.75/$r
QA/QC Lead ...............................................................................................................$112.23/hr
SafetyManager ...........................................................................................................$106.88/lu
Funding Coordinator ..................................................................................................$121.38/hr
Stakeholder Coordinator .............................................................................................$137.50/lur
Project Controls ..........................................................................................................$131.13/hr
EngineeringSupport ............................................:......................................................$114.38/lu
CostEstimator ............................................................................................................$128.63/lu
OfficeAssistant .............................................................................................................$56.25/hr
CADDOperator ............................................................................................................$58.75/hr
ITAssistant .................................................................................................................$120.68/hr
1II. For each specific project, the Construction Manager shall provide a Cost Schedule of Performance
for approval by the City allocating the costs to specific tasks. The Cost Schedule of Performance
shall be based on the hunp sum compensation for each task as formd in Exhibit"C"and the Schedule
of Performance as found in Exhibit "D". The Construction Manager shall submit an update of the
approved Cost Schedule of Performance to the City showing the percentage of performance of the
work as support for the Construction Managers monthly invoice. The Contract Officer shall
authorize payment based upon the percentage of the task which has been satisfactorily performed.
IV. Fees for project specific task assignments which are not shown in this agreement will be negotiated
at a later date when the scope of work is defined and will be formalized by an amendment to this
agreement.
Cily ofPalra Spnngx-Palm Springs International A port
Construction loanagenre;k Services
Gage 33 offJ35
l =�
TABLE C-1 - PROJECT SPECIFIC COMPENSATION
PROJECT PROJECT PHASEI PHASE II PHASEIII PHASEIV PHASE V COMPENSATION
# TITLEIDESCRIPTION PLANNING/DESIGN PREBIDIBIDDING CONSTRUCTION POST PROGRAM (LUMPSUM)`
CONSTRUCTION GUIDANCE
1 Expansion/reconfiguration $125,377 $141,046 $467,737 $69,126 $136,795 $940,081
of the passenger
screening checkpoint. Task Assignments 1, Task Assignments Task Assignments Task Assignments Task
2,4,5,6,7,8, 9 10, 11, 13-36 37-67 68-75 Assignments
76-79
2 Expansion/reconfiguration Included in 0 $277,652, 0 Included $277,652
of passenger holding Project 1 in Project
rooms
1
Task Assignments 1, 3as6k7Assignments Task
2,4,5,6,7,8,9 Assignments
76-79
3 Explosive Detection $0
System (EDS)
modifications and
improvements.
4 Project $0
Management/Program
Guidance for ACIP
program.
6 Provide general $0
Palm Scrneg em,,,nf Springs;nrernatrono!r;rpor"
P Co, ,,:ucricr,::;aragem:rt Sanr!ce;
Page 34 a%35
PROJECT PROJECT PHASEI PHASEII PHASE III PHASEIV PHASE V COMPENSATION
# TITLE/DESCRIPTION PLANNING/DESIGN PREBID/BIDDING CONSTRUCTION POST PROGRAM (LUMP SUM)`
_ CONSTRUCTION . GUIDANCE -
construction management
services for smaller
projects which may be
required by the Airport.
Typical projects may
include, but are not limited
to the following:
• Coordination of tenant
improvements;
• Construct-ability
analysis for buildings
located at the Airport,
• Review of plans and
specifications;
• Clarification on
associated Airport
construction issues.
TOTAL $1,217,733
C:zy cP Paisi S;m7g3-PI m Spil"!CIS laeerna'rnaai A�r,.tai
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The services contemplated in this Agreement and assigned to the Construction Manager to complete shall
commence within 10 days from the "Notice to Proceed"date and shall be completed based upon the time
lines mutually agreed upon between the City and the Construction Manager. Each enumerated project
identified in Exhibit "A" shall have a separate Schedule of Performance as listed below or as shall be
mutually agreed upon at a future date by the City and the Construction Manager. Time lines are subject to
adjustment based on receipt of Federal Aviation Administration(FAA)funds. Delays in receipt of FAA funds
will result in a day for day extension of time on each work item.
Schedule '°t1„ 'Schedule cif Pedonr nce'
P390 4 of 4 911gA=15
2004 2005 2006
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1
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MINUTE ORDER NO. 7634
APPROVING AMENDMENT 1 TO AGREEMENT
4998 WITH PARSONS TRANSPORTATION
GROUP, INC. FOR CONSTRUCTION
MANAGEMENT SERVICES RELATING TO THE
PASSENGER SCREENING CHECKPOINT AND
HOLDROOM MODIFICATIONS AT THE PALM
SPRINGS INTERNATIONAL AIRPORT, IN THE
AMOUNT OF $1,271,733. A04998
I HEREBY CERTIFY that this Minute Order, approving Amendment 1 to
Agreement 4998 with Parsons Transportation Group, Inc. for construction
management services relating to the passenger screening checkpoint and
holdroom modifications at the Palm Springs International Airport, in the
amount of $1,271,733, was adopted by the City Council of the City of Palm
Springs, California, in a meeting thereof held on the 16"' day of February,
2005.
JAMES THOMPSON
City Clerk