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11/17/2004 - STAFF REPORTS (2)
DATE: November 17, 2004 TO: City Council FROM: Director of Aviation AIRPORT CONSTRUCTION MANAGEMENT SERVICES RECOMMENDATION: It is recommended that the City Council approve an agreement with Parsons Transportation, Inc for the performance of Construction Management services for various projects at the Palm Springs International Airport in the amount of$940,081 SUMMARY: This action would award an agreement for the performance of construction management services for various improvements at the Airport. BACKGROUND: In order to complete the pending Passenger Screening Checkpoint/Holdroom renovation projects, a "Construction Management' approach will be utilized for professional oversight of this federal security project. Staff has utilized this method in the past to control costs and manage similar complex terminal expansion projects. The Airport, with the assistance of the Department of Procurement and Contracting, conducted a nationwide search for professional construction management firms (Statement of Qualification (SOQ 10-04) to Provide Construction Management Services for various projects at the Palm Springs International Airport. The prospective firms were required to have experience in construction management with particular emphasis at a commercial service airport, as well as the operational and security requirements surrounding construction activities at an airport. On June 10, 2004, four (4) firms submitted their qualifications: FIRM LOCATION Cedar Creek Associates El Dorado Hills, California Parsons Moraga, California Turner Construction Company Irvine, California URS Corporation Los Angeles, California The written proposals were reviewed by the following Selection Committee: Director of Aviation Director of Procurement & Contracting Deputy Director of Aviation - Operations Airport Construction Management Services November 17, 2004 Page 2 Each member of the Selection Committee independently reviewed and numerically graded the written Statement of Qualifications. All firms met the minimum qualifications so they were invited to interview on July 15, 2004. The interviews were attended by the following Selection Committee: Director of Aviation Director of Procurement & Contracting Deputy Director of Aviation - Operations Two (2) members of the Airport Commission Each firm was given a score for their interview to determine the ranking of the firms. After much deliberation, Parsons Transportation, Inc was selected. The Selection Committee found Parsons Transportation, Inc to meet all expectations of qualifications, experience and local knowledge. After the meeting and subsequent selection, it was determined that a potential conflict of interest problem might exist with one of the selection committee members. In order to avoid any possible discrepancies and to maintain an equitable process, it was determined by the Department of Procurement & Contracting that a follow up interview with both Parsons Transportation, Inc and Turner Construction, the two firms that ranked the highest in the initial interview, would be required. Additionally, in order to avoid any other conflict, the former selection committee member with the potential conflict was replaced with another representative from the Airport Commission. All other committee members remained the same. The 2Id interview was held on Friday, September 24, 2004 and the selection committee unanimously selected Parsons Transportation, Inc for the Construction Management Services contract for the Palm Springs International Airport. In addition to standard construction management services related to the passenger screening checkpoint reconfiguration, Parsons Transportation, Inc will also be providing assistance in coordinating future f unding allocations f rom the involved federal agencies. When and if services for other projects listed in the agreement are required, an amendment to this agreement will be submitted to the City Council for approval. Funding for this work will come from Airport Improvement Program (AIP)grants with the Federal Aviation Administration (FAA) share at 95% and the City's matching amount of 5%. Funds are available in account no 415-6600-56062, AIP 37. A Minute Order is attached for ity. Council consideration. RICHARD S WALSH,A-A-E. Director of Aviation APPROVED., Leg ` Parsons CM City Man ennent FINAL 11-03- Attachments: (1) Minute Order REVIEWED BY DEPT.OF FINANCE (1) Contract Services Agreement May 11, 2004 REQUEST FOR STATEMENT OF QUALIFICATIONS AND LETTERS OF INTEREST (SOQ 10-04) CONSTRUCTION MANAGEMENT SERVICES AT THE PALM SPRINGS INTERNATIONAL AIRPORT NOTICE IS HEREBY GIVEN that SEALED PROPOSALS will be received from qualified firms interested in submitting a proposal to provide Construction Management Services at the Palm Springs International Airport, as outlined in the attached SOQ. The selected construction management firm shall provide all labor, equipment, supplies and materials to produce and deliver documents and specifications related to various safety and security improvements at the Palm Springs International Airport. The purpose of this announcement and enclosed materials is to invite your firm to submit a proposal to the City of Palm Springs as described in the enclosed Request for Statement of Qualification (SOO 10- 04) to provide Construction Management Services for the Palm Springs International Airport. It is the City's intent to award an agreement to the firm that can provide all of the services identified in the SOQ document. 1 PRE-PROPOSAL CONFERENCE: A non-mandatory pre-proposal conference and site visit will be held on May 25, 2004 at 9:00 a.m. local time in the Palm Springs International Airport, Airport Conference Room, 3400 E Tahquitz Canyon Way, Palm Springs, CA to familiarize potential offerors with site conditions. Proposers are highly encouraged to attend this conference. PROPOSAL SUBMISSION LOCATION: City of Palm Springs Department of Procurement & Contracting 3200 E. Tahquitz Canyon Way Palm Springs, CA 92262 SUBMISSION DEADLINE: June 10, 2004 at 2:00 p.m. local time CONTACT: Submit questions in writing, to: Harold E Good, CPPO Director of Procurement & Contracting Phone: 760-322-8239 FAX: 760-323-8238 Email: HaroldG a(),ci.palm-springs.ca.us ;l. 4 �p5� PROPOSAL REQUIREMENTS: All submissions shall be marked on the outside of a sealed envelope "Construction Management Services for the Palm Springs International Airport', the name of the proposer, the SOQ title and number. Submit one (1) original and five (5) complete copies. Proposals received without the required number of copies may be deemed non-responsive and may not receive consideration. Sincerely, Harold E. Good, CPPO Director of Procurement & Contracting CITY OF PALM SPRINGS CONTRACT SERVICE AGREEMENT FOR AIRPORT TERMINAL CONSTRUCTION MANAGER THIS CONTRACT SERVICES AGREEMENT (herein "Agreement"), is made and entered into this day of 2004, by and between the CITY OF PALM SPRINGS, a municipal corporation, (herein "City") and PARSONS TRANSPORTATION, INC, (herein "Construction Manager"). The term Construction Manager includes professionals performing in a consulting capacity. The parties hereto agree as follows: 1.0 SERVICES OF CONTRACTOR 1.1 Scone 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 lightofsuch 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 A 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 Ifthe services involve work upon any site, Construction Manager warrants that Construction Manager has, or will, 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 Cityof 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 thereof to prevent losses or damages. Guy of(xolni Spongy-P afm Springs lule"ntirronal consl,ur,W'w MBneparnpn[Smrolras Page+ 7 pi 34 1 6 Further Res Pon sibilities of P a rties.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 party shall 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 Officerto the Construction Manager, incorporating therein any adjustmentin(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 Manager that 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 heretoas Exhibit"C"and incorporated herein bythis 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 Payment. 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 (V) 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 working day of the month. Lary a✓;'aMr Spanga-Pzao3 Spnngs;nrpr,MHl+rr;5i Arrpo+t Grnusmd on Marrnpemont smicoa Page 2 of 34 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 Majeure. 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 Manager. 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.howardncr.parsons.com City of 1'arrn Spongs-F zwn Spnnys Ink>>rr76nual�nport Construcww tv!vnagtinamr Sorvic&s rrr Pege 3 of y 'J 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 employeess 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 person as may be 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 Against Subcontracting orAssianment.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 hereunderfor the period specified in Section 6.2. 4.4 Independent Construction Manager. Neither the 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: ^M,(Y Palm Spings-P)"m sprhlgs IrJnu;aPonal Auper. Cpnsirrr.!r;n map i xomonf,,,on,CO`.' Page d of d4 (a) Commercial General Liability 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)orequivalent 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 anyof 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 anywaythe extent to which the Construction Manager may be held responsible for the 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: GO cf Pdhu SPITS-Pdlm S1,;teigs 6rreatyGonzd,4,4ort cnnstmcLbar Adw"age,w1oW SenAct,.9 p R(:5 of id 1 t (a) Contractor will 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 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 partyto any action or proceeding filed or prosecuted against Contractor for 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 pay to 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 Surety. 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 61 Re orts.ConstructionManagershallperiodicallyprepareandsubmittotheContractOfficer such reports concerning the performance of the services required by this Agreement as the Contract Officershall 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 for 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 ('IW o1('di(l19P WS-P.+lm SPrx)gs?nfcrnalmt;ai,nu};od constnic(ron Uaringement&eroG.�s P[,ge v of .?d 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. 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 Manager for 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 hereunderso 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 or validity 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 ;;rt, S 'ngs-114,r)Spnngs tnteina%ra;?il Auuod ^nnstnr,6ar MiarogCv mz Se,Ac(-gin Peiys 7 of :�' i it � Ir '11 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". 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 Damages. 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 shortertime 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 shorter time as the Construction Manager may determine. Upon receipt of any notice of termination, Construction Manager shall immediately cease all services hereunder except as maybe 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 only for the 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 Manaaer. If termination is due to the failure of the Construction Manager to fulfill its obligations under this Agreement, City may, after compliance with the City of PM,),Sp"rugs-Ilaim Srrrugs Into,naPrnal flrrpor± construction Man<,gerriemt SoMres Pagr 8 of "a e� 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. 8.0 CITY OFFICERS AND EMPLOYEES: NON-DISCRIMINATION 8.1 Non-liability of City Officers and Employee 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, orancestry 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. City of I'"dm Spnngs-P'afm.^'pings yrtanriUcnai Potpor# "Wstruot;on ManaparnanP Serofre.s page 9 of Sit 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. 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 notviolate 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 forconstruction means, methods, techniques,sequences,and procedures employed by Trade Contractors in the performance of their Contracts,and shall not be responsible for thefailure of any Trade Contractorto carry outwork 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 received from the Contract Officer. 9.7 Construction Manager not an Architect/Engineer. City acknowledges that Construction Manager is not a 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 may arise out of the design professional's errors or omissions. [SIGNATURE PAGE FOLLOWS] N:\Agreements\Engineering\Parsons\Pamons_CM Agreement FINAL 11-03-2004.wpd L'np of 1-alm Spnugs-P,aIm Springs lnCrnntucadf A,rprrt Oortsiruot;on f4arnpa;»unl Services Page iU of 34 ����N, 11/08/2004 RON 15:09 FAX 2003/003 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: City Attorney CONTRACTOR: Check one:_Individual—Partnership___Oorporation Corporations require two notarized signatures:One from each of the following:A.Chairman of Board.Prasident,orany Vice Presldont AND B, Secretary,Assistant Secretary,Treasurer,Assistant Treasurer,or Chief Financial Officer), By; gy_ Signature(notarized) Signature(notarized) Name: Name: Title: Title: State of State of County of_)Ss County of �ss On_,__beforeme, On beforeme, p e r s o n a l l y a p p e a r e d p e r s o n a l l y a p p e a r e d personallyknown personallyknown to me(or proved to me on the basis of satisfactory evidence) to me(or proved to me on the basis of satisfactory evidence) to be the person(s)whose name(s)istare subscribed b the to be the person(s)whose name(s)is/are subscribed to the within instrument and acknowledged to me that he/she/they within instrument and acknowledged to me that he/she/they executed the same in his/har/Iheir authorized eapacity(ies), executed the same In his/her/their authorized capaclty(ies), and that by his/her/their slgnature(s) on the Instrument the and that by his/her/their signature(s) on the Instrument the person(s), or the entity upon behalf of which the person(s) person(s), or the entity upon behalf of which the peson(s) acted,executed the instrument acted,executed the instrument WITNESS my hand and official seal_ WITNESS my hand and official seal. Notary Signature: Notary Signature: Notary Seal: Notary Seal: 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,Presid r any Vice President:AND B. Secretary,Assistant Secretary,Treasurer,Assistant Treasurer,or Chief Financial O ). eA a . By: Sigi ature otarized) L. J �+ Signatur pp(notarize ) N e: �Gvne.s t S1n5� Name: rchrrC 7ecC Title: IC(lid( Vice. P(-'e-S rC1 e.n� Title: 45Sj S,J A SeC"[C46ZrJI �._._)i'S ' e4- a F�d}[uvnbi a l (-YTC-l- of C6Iu�q Y�t'� .tnte ofCrF -Evaniyof )ss C-emit f —)Ss / d /� B i On 1before me, Clwenc[6 ��(n P, W I m r) On 11141,4q before me, i.t1r�'s�CI ` n P, W 91`7" f p e r s o n a l l y a p p e a r e d p e r s o n a l l y a p p e a r e d '—ci- S' e r' personally known `I�iclactir-r.� L� fLadcJ�n personallyknown to me(or proved to me on Ifie basis of satisfactory evidence) to me(or proved to me on the l3asis of satisfactory evidence) to be the person(s)whose name(s)is/are subscribed to the to be the person(s)whose name(s)is/are subscribed to the within instrument and acknowledged to me that he/she/they within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) person(s), or the entity upon behalf of which the person(s) acted,executed the instrument acted, executed the instru nt. WITNESS my hand and fficial seal. WITNESS my hand an o cial seal. Notary Signature: i C Notary Signature: ZNo } Co�miss: ,v CKp:res // tfary Seal: Notary Seal: �u F..nA L't:.it c:�A,. I. BACKGROUND A. The Contractors hall perform con ventional,Construction Management(CM)servicesat the Palm Springs International Airport as outlined in this agreement, unless otherwise amended. B. This agreementshall not be considered an exclusive services agreement for any specific project listed herein. Instead, each project shall be subject to a separate agreement through an amendment to this agreement. C. Scope of Work - The CM is responsible to review and comment on the design documents, determine bid packaging, prepare bid packages and recommend award, provide construction management services and post construction tasks as identified within this agreement, unless amended. D. The CM shall perform Planning/Design, Pre-Bid/Bidding, Construction and Post Construction Services. A brief summary of these items is as follows: 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 - Identify, long lead items for early procurement. Procure, arrange storage, and arrange delivery as approved by the AIRPORT. f. Trade Bid Packages - Prepare bid packages, review and manage award all 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 AIRPORT approval to be issued as part of the Contract Documents for every subcontract and trade contract. j. Commissioning - Prepare for AIRPORT approval 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 this plan. k. Market Analysis and Stimulation of Bidder Interest - Monitor, report on, and make recommendations regarding the market conditions for labor, materials, equipment, and trade contract competition. I. Tenant Relocation Plan- Provide a coordinated Tenant Relocation Plan (if needed) for implementation throughout the construction period. Ctly of I'a➢!i Spongs-Pevrn Spnngs hi%oma6ona1Au00d Gans@vciKw Management Sorvicn.s 11ugs I of 34 l i l� 2. Construction and Post Construction Phase Services a. Lines of Authority- Provide competent, full-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 bythe AIRPORT. Obtain final approval beforetrade contracts are awarded. Implement and enforce the program with respect to all of the work. J. Trade Contractor Interfacing - Act as the single point of interface between the AIRPORT 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 System - Provide a complete PMIRS. The major elements of this system are 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 - Contractor will assist the AIRPORT in soliciting for additional funding to identified projects received the necessary federal funding.The Contractor will assist in preparing appropriate documents, meetings and presentations and developing long term strategy for additional funding of future airport projects e. Project Internet Site - Provide, host and maintain a project Internet site to locate all schedules, drawings and project information. Cdq of F'a/n.Spiwgs-Palm Sti;r,n�/c lriten n;�hbn:,i A;ipoit Crutsinmtrcrn n4ansi,gamant Servirrs 'or3o 93 of 34 n €t iUI IT "A" 4. The Contractor is expected to act on behalf of the Owner as a conventional professional Construction Manager. Il. BASIC SERVICES This agreement shall be for Construction 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 commencement 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 TITLE/DESCRIPTION 1 Expansion/reconfiguration of the passenger screening checkpoint. 2 Expansion/reconfiguration of passenger holding rooms 3 Expansion/reconfiguration of the passenger terminal main lobby 4 Explosive Detection System (EDS) modifications and improvements 5 Terminal Building Hardening/Blast Protection 6 Provide general construction management services for smaller projects which may will 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. 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 accommodate 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 Director 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). Ud",of;'v;lnv Spongs-Palm Span'gs lu%cnrrixwa!/Wy:ork I.:pI1.4Qn�(%GP Manayemarrt Ser✓lcn.v Page 14,,f ',4 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 I -Planning/Design TASK TITLE/DESCRIPTION ASSIGNMENT 1 Construction Manager shall prepare a Management Plan for the City of Palm Springs, Department of Aviation (AIRPORT), which will establish the general basis for the sequence of contracting for construction of the Project. 2 Evaluate the local construction market, the AIRPORT and City's resources, the AIRPORT's schedule and budget goals ofthe Protect,develop various alternative approaches,and make recommendations to the AIRPORT. Upon approval by the AIRPORT of the Construction Management Plan,Construction Manager shall prepare the Construction Managementplan in final form. 3 Provide scheduling/monitoring of all Project activities as required until working drawings are submitted for plan check and shall report same to Owner's Representative. 4 Maintain/update the Projectbudget monthly as decisions by the Owner's Representative are implemented. 5 Prepare cost studies on competing design solutions/elements as directed by the Owner's Representative. 6 Conduct value engineering studies on elements of the design as directed by the Owner's Representative. 7 Complete a constructability review on working drawings. 8 Develop preliminary construction phase schedule 9 Prepare a cash flow chart for the Project's duration. Phase II-Pre-Bid/Bidding TASK TITLE/DESCRIPTION ASSIGNMENT 10 Master Project Schedule - Construction 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 Pro i ectBudoet-To assistthe 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 and administrative costs and the costfor required services at the site Construction Manager shall review the Program of Requirements, the AIRPORT's scheduled goals and existing budget data. 12 Upon the Owner's Representatives request, Construction Manager shall make a report of the budget to the AIRPORT indicating: 1) shortfalls or surpluses in the budget, and 2) recommendations for cost reductions and value engineering. Ctly of f+»Im sp,Ogs-!')Im 1lpriilgs iufentef�a;�i yliah,o�: Coas(ma(•on Nfearogr?mm)i Scrvlrea• Pogo i5 r-f 34 tto 4v � V aO_d '.I i691 3ii TASK TITLEIDESCRIPTION ASSIGNMENT 13 Cost Management Procedures - Construction Manager shall implement and maintain cost management procedures throughout the pre-construction phase.When changes are made and approved by the AIRPORT, these changes can be recorded and the cost effect can be documented. 14 Project Management Review - Construction Manager shall provide input to the AIRPORT and Architect relative to value, sequencing of construction phases, means and methods, duration of construction of various building methods, 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, plumbing 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 AIRPORT. At the conclusion of these sessions, Construction Manager, in conjunction with the City, shall request commitments from the Arch itect ford esign adjustments to the docu ments in an effort to maintain the project budget. 17 Conditionsof Construction-Construction Managershall advise the AIRPORT 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 AIRPORT 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, Construction Manager shall develop and expedite bidding procedures for bid document issuances, bidder tracking and receipt of proposals. Generate Bidderinterest:Construction Managershall maintain contactwith potential bidders on a regular basis throughout the bid period. A telephone campaign shall be conducted to stimulate and maintain interest in bidding on the project. Bid Advertisements: Construction Manager shall assist the AIRPORT and the Architect in preparing and placing notices and advertisements to solicit bids on the Project. Prepare and Expedite Bid Document Delivery: In conjunction with the AIRPORT and Architect, Construction Managershall 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 Fallow up calls to bidders :;ry,;F1 alru SPuixFs-f',nnr 3p,nys Olro�naLongl lluPoit Consto�r.(iCn ivlamec;�rr,ont Se:�cas PogU IG of 34 d r1\\ �i U TASK TITLE/DESCRIPTION ASSIGNMENT 19 Pre-Bid Conference(s) - In conjunction with the AIRPORT and Architect, Construction Manager shall assist with pre-bid conferences These conferences will be a forum for the AIRPORT, City, Construction Manager and Architect to present the project requirements to the bidders, including pre-qualification requirements as appropriate. 20 Coordination and Inquiries-Construction Managershall 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 - Construction Manager shall provide a review of each addendum during the Bid Phase for time, cost, or constructability impact,and make appropriate comments or recommendations. 22 Bid Evaluation - Construction Manager shall assist the AIRPORT in pre-qualifications,the bid opening,evaluationofthe bids forcompleteness, full responsiveness and price,including alternate prices and unit prices,and shall make a formal report to the AIRPORT with regard to the potential award of trade contracts. 23 Construction Contracts)- Construction Manager shall assist the City in the preparation of the trade construction contracts. 24 Prepare a detailed estimate at the conclusion of design work. "Detailed"shall be defined as no less than ten (10)trade areas. 25 Construction Manager shall prepare a Project Procedure Manual subject to the Owner's Representatives review and approval and based upon City Standard Construction Management Procedures. Copies of manual shall be provided to trade contractors. 26 Construction Manager shall conduct a final review of bid documents for completeness and accuracy once plan check corrections are made. 27 Shall assistthe Owner's 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 Shall develop bidding procedures in coordination with the Owner's Representative and the City's Procurement Office. 29 Shall hold one information seminarfor local trade contractors concerning the projectand how to participate as a sub or a sub to a larger sub. 30 Shall conduct pre-bid conferences as directed by the Owner's Representative. 31 Shall receive, tabulate and analyze trade contractor bids. 32 Shall make recommendations for trade contractor bid awards. 33 Shall assist the Owner's Representative in negotiating sole source contracts in coordination with the Director of Procurement & Contracting. 34 Shall assemble and prepare contracts and related documents for AIRPORT review and execution. Cny cf('ntm t"rongs-1°B;rn Sprm js fnk;,nabo1,81 Aaport C:;msl�uriroiNlrncrdernr-nt Ss vir,©s Pege r7o134 aan= .:moa==• eo 64n TASK TITLE/DESCRIPTION ASSIGNMENT 35 Public Relations Activities-Construction Manager shall assist the City and Architect in public relations activities including preparation ofthe 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 a rid review for proper la no u age, any and all federal requirements, including, but not limited to, Dis-Advantaged Business Enterprise, Davis-Bacon Wage Rates, United States steel, etc.. Phase 111- Construction TASK TITLEIDESCRIPTION ASSIGNMENT 37 Services provided in association with Construction Management activities that relate to the trade contractors commence 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 AIRPORT in resolving the any conflicts with the trade contractors during any and all warrantee periods that are provided by the trade contractors. 38 Construction Managershall provide responsible reporting and documentation thatstarts prior to the Construction Managers' preconstruction conference, site construction services (general conditions items including supervision and administration ofthe Project),conducting construction progress meetings,providing progress reports,processing contractor's requests forinformation (RFI's), reviewing and recommendingthe approval or disapproval of change orders and payments to the contractor, maintaining record keeping to assist the AIRPORT in negotiations, mediation or arbitration of claims or disputes. 39 Preconstruction Conference(s)-Construction Managershall conduct, in conjunctionwith the AIRPORT 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 priorto 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 42 Job Site Meetings - Construction Manager shall coordinate regular job-site progress meetings with the prime contractor,and can distribute minutes to all meeting attendees,the City, and all other appropriate parties 43 Coordination of Technical Inspection and Testing-Construction Manager wil l 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. :';fy cF 1"'dhu Spi,rtrs-r'r'Irn Sprulygs O/iru;uGorilil Auf,o/f G'JI)SU(lf.(1011 Mamagame rd SCrO'Cos Page 1 a of 34 TASK TITLE/DESCRIPTION ASSIGNMENT 44 Construction Observation-Construction Managershall observe the progress oftheworkand advise the Cttyof anydeviations,defects ordeficiencies observed in the work. Construction Manager's observation duties shall include reasonable diligenceto 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 Architect's obligations to produce clear,accurate drawings and specifications and the trade contractors' responsibilities for the techniques and sequences of construction 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 conjunction with the Architect]andinspector,re view trade contractor's recommendations for corrective action on observed nconformingwork Construction Manager shall make recommendations to the AIRPORT,Architect, and inspector in instances where it observes work that, in its opinion, is defecor not in conformance with the Contract Documents. 46 Exercise of Contract Prerogatives - When appropriate, Construction Manager shall ad the City and make recommendations to the AIRPORT 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 d ue to trade contractors',withholding payment for cause and other prerogatives when required in an effort to achieve contract compliance. 47 Master Construction Schedule-Construction Managershall continue to update and maintain the Master Construction Schedule and distribute the updated Master Schedule to the AIRPORT, Architect and other appropriate parties. 48 Monthly Contractor Payment - Construction 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 AIRPORT regarding acceptance of the proposals for any Change Orders as required. 50 Negotiation of Change Order Costs and Time Extensions-Construction Managershall assist the AIRPORT 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 Managershall perform a preliminary review, if appropriate Afteran evaluation of the actual progress as observed by Construction Manager, scheduled activities can be assigned percentage-complete 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. Grty Id i'dfm SP,MYS-PHIM S(��ings brfelnai;rurt,il AnPrrt comstr ,lioi,manall2moN S2m"oes Pa,go 19 a:` 34 , V� u TASK TITLE/DESCRIPTION ASSIGNMENT 53 Recovery Schedule If requested by the AIRPORT, Construction Manager shall assist the trade contractor in preparing a Recovery Schedule.This Recovery Schedule can reflect the corrective 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 AIRPORT, Construction Manager shall analyze the claims forextension oftime and shall prepare an impact evaluation repodthat can reflectthe 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 AIRPORT, 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 ofthe 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 recommendation to the City concerning settlement or other appropriate action. 57 Construction Schedule. Upon the AIRPORT's transmission or a Notice of Award to the successful trade contractor, Construction Manager shall review the trade contractor's development of its detailed construction schedule within the framework of the submitted Preliminary Provisional Schedule. Construction Manager shall distribute the Construction Schedule to the trade contractor, the AIRPORT,the Architect and other appropriate parties. 58 Schedule of Values - Construction Manager will review, with the Architect, for compliance each Contract's 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 Cdywhich can indicate whether Construction 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 Maintain full-time supervision of the work; "full-time" is defined as during all hours that trade contractors are on the site. 61 Maintain field logs, reports and testing report files Log entries shall be no more than 48 hours after said event. 62 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 Monitorcontract compliance with all trade contractors. Non-compliance shall be reported to Owner's Representative at weekly construction meetings with proposed corrective action. 64 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. City cf lWn, l")Irn Sunnys!n/nu'ieDov,al Aupr,It Oonsirlctiort Wongeme w Sewices Pape 20 of 34 TASK Ps TITLE/DESCRIPTION ASSIGNMENT 65 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 Construction Manager shall oversee, request, document and/or submit any and all project reporting requirements as mandated by the Federal Aviation Administration (FAA). 67 Construction Manager shall provide a security escort function so as to meet the project security requirements as mandated by the Transportation Security Administration (TSA). Phase IV-Post Construction TASK TITLE/DESCRIPTION ASSIGNMENT 68 Occupancy Permit - Construction Manager shall assist the AIRPORT 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 infinal testing and other necessary and reasonable activities. 69 Final Project Report-At the conclusion of the project, 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 Coordinate correction of any remaining punch-list or defective work items. 71 Assist in the coordination for owner move in. 72 Coordinate all testing, turnover and training activities required from the various trade contractors and equipment suppliers. 73 Assemble all as-built documents, warranties and guarantees so received by the trade contractors and shall compile them in indexed notebooks. 74 Lead contract close-out activities in coordination with the Owner's Representative. 75 Assist the Owner's Representative in preparation for grand opening ceremony. Phase V-Program Guidance TASK TITLEIDESCRIPTION ASSIGNMENT 76 Project Management Information Reporting System-Provide a complete PMIRS. Themajor elements of this system are Narrative Reports, Schedule Control, Cost Control and Estimating, Project Accounting, Accounting and Payment, Actions Reports, and Critical Issues "Look Ahead". 77 Disadvantaged Business Enterprise(DBE) Program -Complywith the terms of Cityof Palm Springs regarding DBE requirements. Administer and implement a program. 78 Airport Funding - Contractor will assist the AIRPORT in soliciting for additional funding to identified projects received the necessary federal funding. The Contractor will assist in preparing appropriate documents, meetings and presentations and developing long term strategy for additional funding of future airport projects l;ry cf r"dins S�v¢r -/4arr spnngs kdmrwhonsi rlepert 101)svuc,I]Oil Pace 7'of 3Z �� , TASK TITLE/DESCRIPTION ASSIGNMENT 79 Project Internet Site - Provide, host and maintain a project Internet site to locate all schedules, drawings and project information. F. Task Assignment Clarifications: ITEM# ASSUMP TIONS/CLARIFICATIONS Project Duration This agreement is for the duration of 36 months. Project 1 is estimated to be 15 months, although project construction documents are still under development(this estimate is made without advantage of the AE design drawings). Project 2 will include only review of development design for hold rooms and the additional phases (2,3,4)will require a separate Notice To Proceed (NTP)by AIRPO RT.Additionally, the remaining projects will be authorized based on a separate Notice to Proceed (NTP) and/or amendment to this agreement. Duration for Project 1 from NTP to closeoutis estimated at 15 months. If the project extends beyond 15 consecutive months, the mutually agreed upon rates will be used. The 15-month schedule is assumed to be 3 months for the planning/design phase to complete final design,constructability review;4 months for pre-bid/bidding phase and advertisement, award and NTP for subcontractor construction contractors;6 months for construction and 2 months for post construction activities. Phase 1 (Planning/ Design) Phase 2 (Pre-Bid /Bidding) Phase 3 (Construction) Phase 4 (Post Construction) Phase 5 (Program Guidance- Assist Airport in Funding Strategies) Completion of Design The Design Consultant (A/E) is contracted with the AIRPORT throughout the Phase duration of construction and sufficiently staffed to provide the following: Submittal review (7-day turn around) RFI response (3-day turn around) Non-conformance evaluations (3-day turn around) Design revisions VECP review Design review related to claims As-built drawing preparation Mobilization Mobilization during Phase 1 is estimated to be completed within 10 days of NTP. Assumed mobilization for construction phase would commence 1 month prior to construction phase. Mobilization for construction supervisory personnel commences at construction contract award. Initially utilizing the Irvine office, field inspection/testing personnel 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 contractor's operations. Gdy of I',Vm Spungs-I'I=ur Spnnr/s IrNemeil=onai Alfood Gonrmmtron memaR onient sewIclas f'trpL 2?cf 34 `1 i Vie...K.it'w„r,:, isl^• �i f:a6''n'i',�>�r-:"'a ITEM# AS SUMP TIONSICLA RIFICA TIONS Request For Construction Manager pricing is based on processing up to 60 RFI's (no more than Information (RFI's) 10 per month) from the contractors over the duration of the project. Construction Manager assumes design related RFI's will be submitted to the A/E for timely review and response. The Construction Manager will track RFI's using commercially available software such as Microsoft® Expedition or equivalent. Contractors to provide RFIs in both electronic and hard copyformat. RFI response turn around shall not exceed three (3) calendar days. Project Guidance Construction Manager will assist the AIRPORT 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 funding of future airport projects Contractor/Vendor Construction Manager's pricing is based on processing up to 30 submittal packages Submittal Reviews (including 1 revision) over the duration of project 1 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 commercially available software such as Microsoft® Expedition or equivalent Contractor shall provides an adequate number of copies for distribution/record retention. Construction Construction Manager will provide a separate field office trailer forthe sole use of Manager Office the construction team The office will be fully functional with furnishings and equipment as outlined in the construction specifications. Field Vehicles Field staffmobility(Construction Manager personnel)—each full time assigned field construction supervisor and inspector will be provided with a late model, 2-wheel- drive vehicle, cell phone, and safety beacon for up to a 10-month period. Permits Construction Manager Parsons will assist AIRPORT staff with all permitting activities required for construction phase. Contractor Construction Manager provides full time resident construction supervision, which Supervision is accessible full time during construction activities. Contractor Construction Manager will assist AIRPORT staff to ensure contractors fully comply Compliance with contract requirements regarding scheduling, submittals, supervision, and provisions provided for use by CM consultant Nan-Conformance Construction Manger staffing levels are based on initial construction efforts being in conformance with contract requirements Up to 15 non-conformance issues are covered as part of the Construction Manager's staffing plan. Quality Control (QC) QC inspection and testing results generated,as required byconstruction contractor Program 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 CA role will utilize side-by-side and independent tests and observations, as well as performance audits to ensure a quality product. 00Y ofV,zIM S{mn95-R`31 n Spnnys Irllmnabowi;,Aupod Oonsnra0oo Mai?as emew Sewlcab' P37r3 73 of '=4 tr V ;la " 11-d Section 4.2 The Contract Officer for this agreement is hereby desiginated 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(c).ci.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 Managerfor 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. Comoliancewith Regulations.The Construction Managershall complywith the regulations relative to nondiscrimination in Federally assisted programs of the Department of Transportation (hereinafter"DOT")Title 49, Code of Federal Regulations, Part21, 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 Construction 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 Construction Manager shall not participate either directly or indirectly in the discrimination prohibited by Section 2.5 of the Regulations, including employment 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 Managerfor work to be performed under subcontract, including procurement of materials or leases of equipment, each potential subcontractor or supplier shall be notified by the Construction 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. Crty o/i'nlm$purtys-!':vfrn ,ormys htownPonri Allpod ConstnmRon Matte�omanP SPNIfb'S i'ay= %d of a��J (1 ....Pc!Ir:r••� •i Pt J9 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 Cityorthe 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 Construction 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 until the contractor complies. Il. 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 26 shall havethe maximum opportunityto participate in the performance of contracts and subcontracts financed in whole or in part with Federal funds under this agreement. Consequently, the MBE requirements of 49 CFR Part 26 apply to this agreement. B. The Construction Manager agrees to ensure that minority business enterprises as defined in 49 CFR Part 26 have the maximum opportunity to participate in the performance of contracts and subcontracts financed in whole or in part with Federal funds provided under this agreement. In this regard, all contractors shall take all necessary and reasonable steps in accordance with 49 CFR Part 26 to ensure that minority business enterprises have the maximum opportunity to competefor 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. III. 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 for bids,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 project. City of Palm Sponys-i�'altn &port GOnsiracion Mnnnyarn»rt Scrvlr.©s rage 25 of 34 F. Ur'il 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$1 0,000'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 Construction Manager and all associated sub-consultants shall successfully complete a fingerprint based Criminal History Records Check(CHRC)in accordance with 49 CFR 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. 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. Cny of f alm Spwrys- Spimys Mterrmhonai firrpmt Can.�iruq(iAn fAaneymnant SoMros Pogo 2G-of Q �j F. Vehicles to be utilized bythe 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 nightime 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/oran 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) immediately upon request. a. Undercertain 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 time. 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, orwhile the individual has unescorted access authority. The disqualifying criminal offenses are as follows: 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). Cqy of 1.Vin;5}>ungs-Pdnr' S.r;�i,gs inten�aLo+;�LNn�ai Qmtsfniotiotr T4ann��!;n:ni Setuiioa' f�Rpe 2i of �s 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. I. 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) Ilegal possession of a controlled substance punishable by a maximum term of imprisonment of more than 1 year. aa. Violence at international airports, 18 U.S.C. 37. bb. Conspiracyor attempt to commit any of the criminal acts listed in this paragraph (d). 4. The AIRPORT utilizes an electronic fingerprint machine,which will be utilizedforthe taking and submission of fingerprints. 5. Generally, CHRC results are returned to the AIRPORT from the TSA within 3-5 business days. I. Employee Security Badges 1. 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. 2. 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. (76y of Pawn Spongs- 3pnnys loteamb(,,nal Aupoii CCbrutr��nOnn Manac m�:nf senICos Page 78 of .8G \ "`r(I ;4€]R, E 3. All badges are to be returned to the AIRPORT when the services are no longer required. 4. 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. a. SIDA training will be provided by the AIRPORT and will be scheduled at a mutually agreeable time to the Contractor and the AIRPORT. (Qty of Palm 6t>mr,7s-flaun Sprmyo ArrmnmiToml Aapoit constouriion Menugmr+nnt SGMC' S Pagc 29 3d �s 03 HOURLY RATES AND BILLING PROCEDURES I. Reimbursable Costs A. Company and personal automobiles will be billed at the rate of $35.00/Day (2-wheel drive), $55.00/Day (4-wheel drive when needed to perform the work and authorized by City) and $0.35/Mile. B. Rental Automobiles and out-of-town (outside the Coachella Valley) expenses will be at actual costs not to exceed $300.00/Day. C. The Contract Officer reserves the right to reject any expense deemed excessive orunnecessary for the performance of the services herein. Il. Labor rates A. Listed Rates are inclusive of labor overhead, administrative costs and profit. B. Parsons Project Manager . . . . . . . . . . . . . . . . . . . . . . . . . . . . $132.50/hr CM/Superintendent . . . . . . . . . . . . . . . . . . . . . . . . . . $131.13/hr QA/QC Lead . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $112 23/hr Safety Manager . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $106.88/hr Funding Coordinator . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $121.38/hr Stakeholder Coordinator . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $137.50/hr Project Controls . . . . . $131.13/hr Engineering Support . . . . . . . . . . . . . . $114.38/hr . Cost Estimator . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $128.63/hr Office Assistant . . . . . . . . . . . . . . . . . . $56 25/hr . . . . . . . . . CADD Operator . . . . . . . . . . . . . . . . . . . . . . $58.75/hr IT Assistant . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $120.68/hr III. For the project specific task assignments identified in"Exhibit A", each project that is issued a"Notice to Proceed", the Construction Manager(CM) shall be reimbursed on the basis of Time and Materials to the maximum allowance amount listed under "project specific compensation", i.e., the number of hours worked, multiplied by the CM's standard hourly ratesfor each applicable employee classification on a project by project basis as noted in this agreement, unless amended. Lump sum prices for each project specific task assignment are listed in Table C-1, Project Specific Compensation 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. V. Payment Terms - Payment is made against the various negotiated fees listed in Table C-1, Project Specific Compensation. Cary Of helm Springs-Pairn Vprvigs hi:owa(,on5l Ivrpori Cnnsimcbm Man-of?ement Seim frroe Page:JO of 3d c rr 61) A� ti m� VI. Subject to the approval of the Contract Officer, allocations for each phase for a specific project can be re-allocated between phases. However, the maximum amount of the agreement shall not be exceeded, unless amended. ^ay oWalm;Sprrngs-Pawl Spmngs Gtlm naboua]�n oit 'Onsiruction PoxogornNnit somf©e !'sye 31 14 } }• 11-i 6µ.Y.«.yd TABLE C-1 - PROJECT SPECIFIC COMPENSATION PROJECT PROJECT TITLE/DESCRIPTION PHASE I PHASE II PHASE III PHASE IV PHASE V COMPENSATION # (Lump SUM) 1 Expansion/reconfiguration of the $92,595 $141,046 $467,737 $69,126 $39,023 $809,527 passenger screening checkpoint. Task Task Task Task Task Assignments 1, Assignments Assignments 37- Assignments 68- Assignments 76- 2,4,5,6,7,8,9 10, 11, 13-36 67 75 79 2 Expansion/reconfiguration of $32,782 $97,772 $130,554 passenger holding rooms Task Task Assignments 1, Assignments 76- 2,4,5,6,7,8, 9 79 3 Expansion/reconfiguration of the $0 passenger terminal main lobby 4 Explosive Detection System $0 (EDS) modifications and improvements 5 Terminal Building Hardening/ $0 Blast Protection ;e-Pwm springs gage`t: i= �- �5 .r_xtstucbcn k,isu;agc*rent Ser�fcee .,» PROJECT PROJECT TITLEIDESCRIPTION PHASE l PHASE❑ PHASE/it PHASE IV PHASE V COMPENSATION # (LUMP SUM) 6 Provide general construction $0 management services for smaller projects which may will 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 $940,081 �•�a Cayf.'ai+r S}Y5 7a;Arao.t —'� .;orsi:urhon;rn:;agr-n;H.,t Sen ses r'as.`e 3:3 �� . wa'.- i"oU 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. PROJECT# PROJECT TITLE/DESCRIPTION #OF CALENDARDA YS TO COMPLETE(FROM NOTICE TO PROCEED DATE) 1 Expansion/reconfiguration of the passenger screening checkpoint Phase I - Design/Planning 90 Phase 11 - Pre-Bid/Bidding 120 Phase III - Construction 180 Phase IV- Post Construction 60 Phase V - Program Guidance 270 2 Expansion/reconfiguration of passenger holding rooms Phase I - Design/Planning 90 Phase 11 - Pre-Bid/Bidding Phase III - Construction Phase IV- Post Construction Phase V - Program Guidance 270 3 Expansion/reconfigu ration of the passenger terminal main lobby 4 Explosive Detection System (EDS) modifications and improvements 5 Terminal Building Hardening/Blast Protection 6 Provide general construction management services for smaller projects which may will 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. TAN, of 11;1101 Sr>ur!f}s-i''<drn Springs 1ntowr1hwial Aupo+t �anstml hon A✓'a•�nwne�d Ser:✓Ic�et Page G4 3A 1 fll Ii ' �I'llh"r -�•=+�►�-�•n CERTIFICATE OF INSURANCE DATE(1 /OS/21/08/20 04 YY) PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS Aon Risk Services, Inc.of Southern California UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND,EXTEND OR ALTER 707 Wilshire Boulevard, Suite 6000 THE COVERAGE AFFORDED BY THE POLICIES BELOW. Los Angeles,California 90017 (213)630-3200 INSURERS AFFORDING COVERAGE INSURED INSURERA National Union Fire Insurance Co. of Pittsburgh, PA Parsons Transportation Group, Inc. 1133 15th Street, N.W., 8th Floor INSURER B. American Home Assurance Company Washington, DC 20005 INSURER C' INSURER D' INSURER E: COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED,NOTWITHSTANDING ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN. THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS, AND CONDITIONS OF SUCH POLICIES THE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. c0 IN THOUSANDS TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE POLICY EXPIRATION LTR DATE(MMIODHY) DATE(MM/DDNY LIMITS( ) A GENERAL LIABILITY GL933298OPS 01/01/2004 01/01/2005 GENERAL AGGREGATE $ 3,000 O COMMERCIAL GENERAL LIABILITY PRODUCTS-COMP/OP AGG $ ❑ CLAIMS MAOEO OCCURRENCE PERSONAL 6 ADV INJURY $ ❑ OWNER'S&CONTRACTOR'S PROT ❑ EACH OCCURRENCE $ 3,000 ❑ FIRE DAMAGE(Any One Fire) $ MED EXP(Any One Person) $ AUTOMOBILE LIABILITY CA8261603-AIDS 01/01/2004 01/01/2005 A COMBINED SINGLE LIMIT $ 1,000 ANY AUTO Q ALLGWNEO AUTOS CA8261604-TX BODILY INJURY $ O scHE0ULE0 Aui05 (Per person) O HIRED AUTOS CA8261605-MA BODILY INJURY O NON-OWNED AUTOS CA8261606-VA (Peraccident) $ ❑ ❑ PROPERTY DAMAGE $ GARAGE LIABILITY AUTO ONLY-EA ACCIDENT $ ❑ANY AUTO OTHER THAN AUTO ONLY. ❑ EACH ACCIDENT $ ❑ AGGGREGATE $ EXCESS LIABILITY EACH OCCURRENCE $ ❑UMBRELLA FORM AGGREGATE $ ❑OTHER THAN UMBRELLA FORM $ B WORKERS'COMPENSATION AND WC6436138-AOS 01/01/2004 01/01/2005 WCSTATns ❑ OTHER EMPLOYERS'LIABILITY TORY THE PROPRIETOR/ E I.EACH ACCIDENT $ 1,coo PARTNERS/EXECUTIVE O Included WC6436137-CA EL DISEASE-POLICY LIMIT $ 1,000 OFFICERS ARE ❑ EXCUSES EL.DISEASE-EA EMPLOYEE j $ 1,000 OTHER DESCRIPTION OF OPERATIONSILOCATIONSNEHICLESIRESTRICTIONSISPECIAL ITEMS PTRANSGRP 640 9693 Re:Contract Service agreement for Palm Springs Airport Terminal Construction Manager. See attached additional insured,primary,contractual liability and waiver of subrogation douses CERTIFICATE HOLDER CANCELLATION Cif Of Palm Springs SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE YTHEREOF,THE ISSUING COMPANY WILL ENDEAVOR TO MAIL 30 DAYS WRITTEN NOTICE TO THE 3200 Tahquitz Canyon Way CERTIFICATE HOLDER NAMED TO THE LEFT,BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO Palm Springs,CA 92262 OBLIGATION OR LIABILITY OF ANY KIND UPON THE COMPANY,ITS AGENTS OR REPRESENTATIVES AUTHORIZED REPRESENTATIVE ACORD 25S(1195) OACORD,CORPORATION 1988 ,pa MINUTE ORDER NO APPROVING AN AGREEMENT WITH PARSONS TRANSPORTATION, INC FOR THE PERFORMANCE OF CONSTRUCTION MANAGEMENT SERVICES FOR VARIOUS PROJECTS AT THE PALM SPRINGS INTERNATIONAL AIRPORT IN THE AMOUNT OF $940,081 I HEREBY CERTIFY that this Minute Order, approving an Agreement with Parsons Transportation, Inc for the performance of Construction management services for various projects at the Palm Springs International Airport, in the amount of $940,081, was adopted by the City Council of the City of Palm Springs, California, in a meeting thereof held on the 171h day of November, 2004. KATHIE HART Chief Deputy City Clerk