HomeMy WebLinkAboutA4998 - PARSONS TRANSPORTATION INC AIRPORT TERMINAL CONSTRUCTION MANAGER � V 1�
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Parsons Transportation
Amend 2
Airport Terminal Const. Mgr
Agreement#04998
40�ppLMSA� MO: 7703 7-6-2005
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~ M E M O R A N D U M
* C�RIaAYfO fn
lip it .
TO: Barry Griffith
Asst. Director of Aviation
FROM: Kathie Hart, CIVIC
Chief Deputy City Clerk
DATE: July 28, 2005
SUBJECT: Parsons Transportation
A4998 —Amend 2
cc: File
Attached are three (3) duplicate originals of the above referenced agreement. We have
retained the original our files.
Please feel free to contact me if there are any questions, ext. 8206.
/kdh
attach.
AMENDMENT NO. 2
AGREEMENT NO 4998 —CONSTRUCTION MANAGEMENT SERVICES
THIS SECOND AMENDMENT to Agreement No. 4998 for contract services, (herein
"Amendment") made and entered into on the "Vd 6 day of )VI 200 , by
and between the CITY OF PALM SPRINGS (herein"City") and PARSONS
TRANSPORTATION GR UP, INC. (herein "CONSTRUCTION MANAGER") is
hereby amended effective �� ��p �i00�j , as follows:
RECITALS
The City and Construction Manager entered into that certain Contract Services
Agreement No 4998 for Construction Management Services ("Agreement"), as duly
amended from time to time.
The parties wish to amend the Agreement pursuant to the terms of this Amendment to
add additional services to be performed by the Construction Manager and increase the
Contract Sum to authorize payment for such additional services.
NOW, THEREFORE, the parties hereto agree as follows:
Section II Basic Services:
Exhibit "A" Scope of Services, is hereby amended to add additional tasks to Project#5
and to include funding for Project#5 for the following Task and associated sub-task
items:
Task 5 —Preliminary Plalming/Engineering/Design and Cost Documentation for Federal
Inspection Services (FIS) Facility, Terminal/Ticketing Expansion, and Fully-Automated
Remote EDS.
Task: Federal Inspection Services (FIS) Facility- Consistent with FAA
AC 150/5360-13, Plarming and Design Guidelines for Airport
Terminal Facilities (as amended), specifically Chapter 6 - Federal
Inspection Services (FIS) Facilities, Chapter 4 -Terminal Apron
Areas, and U.S. Customs Service publication Airports-USA and
Pre-clearance Facilities-guidelines for Federal Inspection Services,
provide for the following.
Subtask:
I Forecast of hrtemational Traffic(2007-2027), translated to Peak Demands
2 Determine Airfield Limitations
3 Passenger Flow Sequence
4 Pre-clearance Facilities
5 General Design Considerations and Requirements
OPUGMAL ND
AND/op ACRE EME ST
6 INS, USCS,PHS, APHIS, Joint FIS Employee space and facility requirements
7 Preliminary Facility Site Plan
8 Apron, Gate, Loading Bridge and Taxiway/lane requirements
9 Landside requirements, i.e.,vehicle parking, access
10 Preliminary Project Cost Estimate
Task: Terminal Building/Ticketing Lobby Expansion- Consistent
with FAA AC 150/5360-13, Planning and design Guidelines for
Airport Terminal Facilities (as amended), specifically Chapter 2 -
Design Methodologies, Chapter 3 - Functional Relationships and
Terminal Concepts, and Chapter 5 - Terminal Building Space and
Facility Guidelines, provide the following:
Subtask:
I Forecast of Domestic Traffic (2007-2027), translated to Peak Demands
2 Ticketing Lobby, sizing, circulation, and seating requirements
3 Airline Ticket Counter/Offices requirements
4 Outbound baggage facility requirements
5 Preliminary Facility Site Plan
6 Preliminary Project Cost Estimate
Task: Terminal Building/Ticketine Lobby Expansion - Capitalizing
on previous work accomplished in 2002 for the purpose of
determining existing facility and infrastructure deficiencies,
recommended resolution of same and assuming a remote full-
automated facility, provide the following:
Subtask:
I Forecast Peak Baggage Demands(2007-2027)
2 Develop Passenger Behavior(arrival times)
3 Develop Bag per Passenger Ratio
4 Determine/confirm number of originating passengers (assumed to be 100%at PSP
due to its role as a spoke airport.
5 Determine/confirm Load Factor(assume 80%)
6 Determine type/amount of EDS/EDT equipment requirements.
7 Determine equipment/personnel/vehicle circulation requirements.
8 Preliminary facility sizing requirements
9 Preliminary Facility Site Plan
10 Preliminary Project Cost Estimate.
DELIVERABLES: Preliminary Planning/Engineering/Design and Cost Documentation
for Federal Inspection Services (FIS) Facility, Terminal/Ticketing Expansion, and Fully-
Automated Remote EDS.
Exhibit C:
Exhibit"C" Schedule of Compensation, is hereby amended to include funding for Project#5 for the following Task and associated
sub-task items as revised in line Phase V, Project 5:
TABLE C-1 - PROJECT SPECIFIC COMPENSATION
PROJECT- " PROJECT PHASE I PHASE lI PHASE-l11 -'PHASE IV PHASE V C4MPENIS ATION'
# T1TL'E/DESCRIPTION -, PLANN/NG/DESIG PREB161806I1VO ,CONSTRUL`�T_(ON POST P,R06RAM. (LUMP SUMJ.'`-'
N,, _ _ _ GOPISTRUCTION GUIDANCE ' - -
1 Expansion/reconfiguration $125,377 $141,046 $467,737 $69,126 $136,795 $940,081
of the passenger
screening checkpoint. Task Assignments 1, Task Assignments Task Assignments Task Assignments Task
2,4, 5, 6, 7, 8, 9 10, 11, 13-36 37-67 68-75 Assignments
76-79
2 Expansion/reconfiguration Included in 0 $277,652, 0 Included $277,652
of passenger holding Project 1 in Project
rooms
1
Task Assignments 1, 3gsk7 Assignments Task
2,4, 5, 6, 7, 8, 9 8 Assignments
76-79
3 Explosive Detection $0
System (EDS)
modifications and
improvements.
4 Project $0
Management/Program
Guidance for ACIP
program.
5 Provide general $100,000 $100,000
PROJECT P
ROJE
C
T
- PHASEI PHASE II PHASE IIIPHASE IV` PHASE V COMPENSATION
# T1TJDESCRIPTION PLANNING/DESIG PREBID%BIDDING . CONSTRUCTION POST PROGRAM - .t'LUMP SUMJ*,-
- ''N - - = - CONSTRUCTION - GUIDANCE _
construction management -'--
services for smaller
projects which may be
required by the Airport.
Typical projects may
include, but are not limited
to the following:
• Coordination of tenant
improvements;
• Construct-ability
analysis for buildings
located at the Airport;
• Review of plans and
specifications;
• Clarification on
associated Airport
construction issues.
TOTAL $1,317,733
[SIGNATURE PAGE FOLLOWS]
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
I �
C,ty erk City Manager
ri APPROVED QY CITY COUNCIL
APPROVED S -FORM:
By: //I �,;�(,ZC�
City Attorney
CONTRACTOR: CPU�re
k one:_Individual_Partnership Corporation
Corpo ton quis'ze signatures: One from each of the folio
wIg A. Chairman of Boa d, President, or any
Vice P e id n :AN et Assistant Secretary,Treasurer,Assist c�YT asurer,or Chiefn cial Off cer).
� r )�
By: By:
Sign (notarized) G/ Signa ure o rued
Name: Alex A. Ralll Name: James R. Shappell
Title: Vice President Tuttle:: President
State of h n ui " c I C) � l cvL�>i
County OAA- tiCYC r'U-'r County of
On C1,1 `" ZL&OS before me, On l q r_N d" y d)F' J 41 v�difJ , before me,
Y (Mat (date)
personally ppeared 'D p �) personally appeared ,n , /p
personally known to me (or proved to me on the basis personally known tc/ e (or proved to me oA Me basis
Of satisfactory evidence) to be the person(s) whose of satisfactory evidence) to be the person(s) whose
name(s) is/are subscribed to the within instrument and name(s) is/are subscribed to the within instrument and
acknowledged to me that he/she/they executed the acknowledged to me that he/she/they executed the
same in his/her/their authorized capacity(ies), and that same in his/her/their authorized capacity(ies), and that
by his/her/their signature(s) on the instrument the by his/her/their signature(s) on the instrument the
person(s), or the entity upon behalf of which the person(s), or the entity upon behalf of which the
person(s)acted, executed the instrument. person(s)acted, executed the instrument.
WITNESS my hand a offici I seal. WITNESS my hand and official seal.
Notary Signature: ImQII� Notary Signature: dfU
Notary,Seal: U Notary Seal: 1
PIP.LA CO9.B6o`lA J
' NOTAPY PUBLIC STATE OF MARyLAVgb) 73
JMV Commission Eypirss July 16,2008
Page 1 of 1
Kathie Hart
From: Barry Griffith
Sent: Thursday, July 28, 2005 9:18 AM
To: Kathie Hart
Cc: Steve Zehr
Subject: Parsons Amendment 2
Kathie:
Per you note below, that is fine. Go ahead an use the CM signature date on the amendment with Parsons. thanks.
bg
Ok —we'll use the normal date — it was decided a few months ago that we'll use the date the City
Manager signs the contract/agreement. OK?
7/28/2005
Page 1 of 2
Kathie Hart
From: Kathie Hart
Sent: Wednesday, July 27, 2005 1:44 PM
To: Barry Griffith
Subject: FW: Attached Image
Importance: High
Tracking: Recipient Read
Barry Griffith Read: 7/28/2005 8:10 AM
Did we have a determination as to what date I should put in the blank, and I forgot the answer?
If I was told, please tell me again, because I don't remember.
Kathie Hart, CMC
Chief Deputy City Clerk
City of Palm Springs
3200 Tahquitz Canyon Way
Palm Springs, CA 92262
i<athieH ci.palm-springs.ca.us
Office (760) 323-8206
Fax (760) 322-8332
From: Kathie Hart
!lent: Friday, July 22, 2005 4:00 PM
To: Barry Griffith
Subject: FW: Attached Image
Importance: High
13G
Attached is the front page of Amend 2 to Parson's Agreement. This amendment has a new
phrase "is hereby amended effective , as follows:"
You guys are being creative these days, additional phrases in agreements and work directive
changes. O
OK— shall I insert today's date in the blank?
Please advise. I just need to send it in to Jay for sig and it's ready to go.
kAmc r
,Kathie Hart, CMC
Chief Deputy City Clerk
City of Palm Springs
3200 Tahquitz Canyon Way
Palm Springs, CA 92262
7/28/2005
Page 1 of 1
Kathie Hart
From: Kathie Hart
Sent: Friday, July 22, 2005 4:00 PM
To: Barry Griffith
Subject: FW: Attached Image
Importance: High
Tracking: Recipient Read
Barry Griffith Read:7/22/2005 4:03 PM
13G
Attached is the front page of Amend 2 to Parson's Agreement. This amendment has a new
phrase "is hereby amended effective , as follows:"
You guys are being creative these days, additional phrases in agreements and work directive
changes. O
CK— shall I insert today's date in the blank?
Please advise. I just need to send it in to Jay for sig and it's ready to go.
i e IV
Kathie Hart, CMC
Chief Deputy City Clerk
City of Palm Springs
3200 Tahquitz Canyon Way
Palm Springs, CA 92262
KathieH ci.palm-sprin s.ca.us
Office (760) 323-8206
Fax (760) 322-8332
From: iR50001-cc@ci.palm-springs.ca.us [mailto:iR5000i-cc@ci.palm-springs.ca.us]
Sent: Friday, July 22, 2005 12:59 PM
Tot KathieH@ci.palm-springs.ca.us
Subject: Attached Image
Importance: High
'7/22/2005
r • Parsons Transportation
Y Amend 1
Airport Terminal Const. Mgr
AGREEMENT #4998
CITY OF PALM SPRINGS MO 7634,_2.36_05
AMENDED AND RESTATED
CONTRACT SERVICE,AGREEMENT FOR
AIRPORT TERMINAL CONSTRUCTION MANAGER
THIS AMENDED AND RE TATED C4NTRACT SERVICES AGREEMENT(herein "Agreement"), is
made and entered into this day of MY10W , 2005, by and between the CITY OF PALM
SPRINGS, a municipal corporation, (herein "City and PARSONS TRANSPORTATION, INC, (herein
"Construction Manager").This Agreement amends and restates that certain agreement between the same
parties dated November 17, 2004, ("Original Agreement") and wholly replaces and supercedes such
Original Agreement. The term Construction Manager includes professionals performing in a consulting
capacity. The parties hereto agree as follows:
1.0 SERVICES OF CONTRACTOR
1.1 Scope of Services. In compliance with all terms and conditions of this Agreement, the
Construction Manager shall provide those services in connection with the Palm Springs International Airport
Terminal Expansion ("Project"), as specified in the"Scope of Services"attached hereto as Exhibit"A"and
incorporate herein by this reference, which services may be referred to herein as the "services" or"work"
hereunder. As a material inducement to the City entering into this Agreement, Construction Manager
represents and warrants that Construction Manager is experienced in performing the work and services
contemplated herein and, in light of such status and experience, Construction Manager covenants that it
shall follow the industry professional standards in performing the work and services required hereunder. For
purposes of this Agreement, the phrase "industry professional standards" shall mean those standards of
practice recognized by one or more first-class firms performing similar work under similar circumstances.
1.2 Compliance with Law.All services rendered hereunder shall be provided in accordance with
all ordinances, resolutions, statutes, rules and regulations of the City and any Federal, State or local
governmental agency having jurisdiction in effect at the time service is rendered.
1'.3 Licenses, Permits, Fees and Assessments. Construction Manager shall obtain at its sole
cost and expense such licenses, permits and approvals as may be required by law for the performance of
the services required by this Agreement.Construction Manager shall have the sole obligation to pay for any
fees, assessments and taxes, plus applicable penalties and interest, which may be imposed by law and
arise from or are necessary for the Construction Manager's performance of the services required by this
Agreement, and shall indemnify, defend and hold harmless City against any such fees, assessments,taxes,
penalties or interest levied, assessed or imposed against City hereunder.
1.4 Familiarity with Work. By executing this Contract, Construction Manager warrants that
Construction Manager (a) has thoroughly investigated and considered the scope of services to be
performed, (b) has carefully considered how the services should be performed and(c)fully understands the
facilities, difficulties and restrictions attending performance of the services under this Agreement. If the
services involve work upon any site, Construction Manager warrants that Construction Manager has,.orwill,
investigate the site and is or will be fully acquainted with the conditions there existing, prior to
commencement of services hereunder. Should the Construction Manager discover any latent or unknown
conditions, which will materially affect the performance of the services hereunder, Construction Manager
shall immediately inform the City of such fact and shall not proceed except at Construction Manager's risk
until written instructions are received from the Contract Officer.
1.5 Care of Work. The Construction Manager shall adopt reasonable methods in furnishing
papers, documents, plans, studies and/or other components thereofto prevent losses or damages.
ORIGINAL BID _
City of Palm,Spongs-Palm Springs international Arrpoif AND/OR AGREEMENT
Construction Management Services Page 1 of 36
r
• • r
0
1.6 Further Responsibilities of Parties. Both parties agree to use reasonable care and diligence
to perform their respective obligations under this Agreement. Both parties agree to act in good faith to
execute all instruments, prepare all documents and take all actions as may be reasonably necessary to
carryout 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 Officer
to the Construction Manager, incorporating therein any adjustment in (i)the compensation provided for at
Section 2.1 below, and/or(ii)the time to perform this Agreement,which said adjustments are subject to the
written approval of the Construction Manager.Any increase in compensation of up to five percent (5%) of
the compensation described at Section 2.1 below or in the time to perform of up to one hundred eighty(180)
days may be approved by the Contract Officer. Any greater increases, taken either separately or
cumulatively must be approved by the City Council. It is expressly understood by Construction Managerthat
the provisions of this Section shall not apply to services specifically set forth in the Scope of Services or
reasonably contemplated therein. Construction Manager hereby acknowledges that the services to be
provided pursuant to the Scope of Services may be more costly or time consuming than Construction
Manager anticipates and that Construction Manager shall not be entitled to additional compensation
therefore, except as provided in the schedule of compensation at Exhibit "C".
1.8 Special Requirements.Additional terms and conditions of this Agreement if any,which are
made a part hereof are set forth in the "Special Requirements" attached hereto as Exhibit "B" and
incorporated herein by this reference. In the event of a conflict between the provisions of Exhibit"B"and any
other provisions of this Agreement, the provisions in Exhibit "B" shall govern.
1.9 Relationships.All construction contracts shall be between City and contractors retained by
City to perform services as part of the Project ("Trade Contractors"), and shall be satisfactory to the
Construction Manager and City as to terms and conditions. Nothing in this Agreement is intended to create
a contractual relationship between the Construction Manager and any Trade Contractor or supplier of
equipment or materials, nor shall any Trade Contractor be construed as a third-party beneficiary of the
services performed under this Agreement.
2.0 COMPENSATION
2.1 Schedule of Compensation. For the services rendered pursuant to this Agreement, the
Construction Manager shall be compensated in accordance with the"Schedule of Compensation"attached
hereto as Exhibit"C"and incorporated herein by this reference.Compensation may include reimbursement
for actual and necessary expenditures for reproduction costs,telephone expense,transportation expense
and other expenses as approved by the Contract Officer in advance, or specified in the Schedule of
Compensation. The compensation referenced in the Schedule of compensation shall include the
attendance of Construction Manager at all project meetings reasonably deemed necessary by the City;
Construction Manager shall not be entitled to any additional compensation for attending said meetings.
2.2 Method of 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(1s)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 vwrking day of the month.
City of Palm Springs-Palm Springs International Airport
Construction Management Sernces Page 2 of 36
E 4
3.0 PERFORMANCE SCHEDULE
3.1 Time of Essence. Time is of the essence in the performance of this Agreement. In executing
this Agreement,the Construction Manager understands that construction of the various potential projects as
identified in Exhibit "A" are based on available funding and as such are independent of one another.
Construction Manager shall take appropriate actions to timely complete the tasks provided under this
Agreement and to influence other parties to timely perform, but Construction Manager is not a guarantor of
the timely performance by other parties.
3.2 Schedule of Performance. Construction Manager shall commence the services pursuant to
this Agreement upon receipt of a written notice to proceed on a project by project basis and shall perform all
services within the time period(s)established in the project specific"Notice to Proceed"and/or"Schedule of
Performance" attached hereto as Exhibit "D", if any, and incorporated herein by this reference. When
requested by the Construction Manager, extensions to the time period(s) specified in the Schedule of
Performance may be approved in writing by the Contract Officer.
3.3 Force Maleure. The time period(s) specified in the Schedule of Performance for
performance of the services rendered pursuant to this Agreement shall be extended because of any delays
due to unforeseeable causes beyond the control and without the fault or negligence of the Construction
Manager, including, but not,restricted to, acts of God or of the public enemy, unusually severe weather,
fires, earthquakes, floods, epidemics, quarantine restrictions, riots, strikes, freight embargoes, wars,
litigation, and/or acts of any governmental agency, including the City, if the Construction Manager shall
within ten (10)days of the commencement of such delay notify the Contract Officer in writing of the causes
of the delay. The Contract Officer shall ascertain the facts and the extent of delay, and extend the time for
performing the services for the period of the enforced delay when and if in the judgment of the Contract
Officer such delay is justified. The Contract Officer's determination shall be final and conclusive upon the
parties to this Agreement. In no event shall Construction Manager be entitled to recover damages against
the City for any delay in the performance of this Agreement, however caused, Construction Manager's sole
remedy being extension of the Agreement pursuant to this Section, and recovery of actual costs incurred by
such delay. In no event will Construction Manager be entitled to recover consequential damages as a result
of such delay.
3.4 Term. Unless earlier terminated in accordance with Section 7.8 of this Agreement, this
Agreement shall continue in full force and effect as agreed to on a project by project basis; however, the
cumulative term shall not exceed three (3) years.
4.0 COORDINATION OF WORK
4.1 Representative of Construction 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
hen rv.howard(cDparsons.corn
City of Palm Springs-Palm Spnngs International Airport
Consiruclion Management Services Page 3 of 36
It is expressly understood that the experience, knowledge, capability and reputation of the foregoing
employees were a substantial inducement for City to enter into this Agreement. Therefore, the foregoing
employees shall be responsible,during the term of this Agreement,fordirecting 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 maybe designated by the
City Manager of City. It shall be the Construction Manager's responsibility to assure that the Contract Officer
is kept informed of the progress of the performance of the services and the Construction Manager shall
refer any decisions which must be made by City to the Contract Officer. Unless otherwise specified herein,
any approval of City required hereunder shall mean the approval of the Contract Officer. The Contract
Officer shall have authority to sign all documents on behalf of the City required hereunder to carry out the
terms of this Agreement.
4.3 Prohibition Aqainst Subcontractinq or Assignment.The experience, knowledge, capability
and reputation of Construction Manager, its principals and employees were a substantial inducement forthe
City to enter into this Agreement.Therefore, Construction Manager shall not contract with any other entity to
perform in whole or in part the services required hereunder without the express written approval of the City.
In addition, neither this Agreement nor any interest herein may be transferred, assigned, conveyed,
hypothecated or encumbered voluntarily or by operation of law, whether for the benefit of creditors or
otherwise,without the prior written approval of City. In the event of any such unapproved transfer, including
any bankruptcy proceeding, this Agreement shall be subject to the provisions of Section 7.9 below. No
approved transfer shall release the Construction Manager or any surety of Construction Manager of any
liability hereunder without the express consent of City.
The City's policy is to encourage the awarding of subcontracts to persons or entities with offices located
within the jurisdictional boundaries of the City of Palm Springs and, if none are available, to persons or
entities with offices located in the Coachella Valley.Construction Manager shall keep evidence of such good
faith efforts and copies of all contracts and subcontracts hereunder for the period specified in Section 6.2.
4.4 Independent Construction Manager. 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:
City of Patin Springs-Palm Springs International Ah poif
Construction Management Services Page 4 of 36
(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) or equivalent language.
(b)Worker's Compensation Insurance.A policy of worker's compensation insurance in an
amount which fully complies with the statutory requirements of the State of California and which includes
$1,000;000 employer's liability.
(c) Business Automobile Insurance. A policy of business automobile liability insurance
written on a per occurrence basis with a single limit liability in the amount of$1,000,000 bodily and property
damage. Said policy shall include coverage for owned, non-owned, leased and hired cars.
(d)Additional Insurance.Additional limits and coverages, which may include professional
liability insurance, will be specified in Exhibit "B".
All of the above policies of insurance shall be primary insurance and issued by companies whose rating
satisfies the requirements in Section 5.4 of this agreement.The insurershall waive all rights of subrogation
and contribution it may have against the City, its officers, employees and agents, and their respective
insurers. In the event any of said policies of insurance are canceled,the Construction Manager shall, prior
to the cancellation date, submit new evidence of insurance in conformance with this Section 5.1 to the
Contract Officer. No work or services underthis Agreement shall commence until the Construction Manager
has provided the City with Certificates of Insurance, endorsements or appropriate insurance binders
evidencing the above insurance coverages and said Certificates of Insurance,endorsements,or binders are
approved by the City,
The Construction Manager agrees that the provisions of this Section 5.1 shall not be construed as
limiting in any way the extent to which the Construction Manager may be held responsible forthe payment of
damages to any persons or property resulting from the Construction Manager activities or the activities of
any person or persons for which the Construction Manager is otherwise responsible.
In the event the Construction,Manager subcontracts any portion of the work in compliance with Section
4.3 of this Agreement the contract between the Construction Manager and such subcontractor shall require
the subcontractor to maintain the same polices of insurance that the Construction Manager is required to
maintain pursuant to this Section.
5.2 Indemnification. Contractor agrees to indemnify the City, its officers, agents and employees
against, and will hold and save them, and each of them, harmless from any and all actions, suits, claims,
damages to persons or property, losses, costs, penalties, obligations,errors, omissions or liabilities, (herein
"claims or liabilities") that may be asserted or claimed by any person, firm or entity arising out of or in
connection with the negligent performance of the work, operations or activities of Contractor, its agents,
employees, subcontractors, or invitees, provided for herein, or arising from the negligent acts or
omissions of Contractor hereunder, or arising from Contractor's negligent performance of or failure to
perform any term, provision, covenant or condition of this Agreement, whether or not there is concurrent
passive or active negligence on the part of the City, its officers, agents or employees but excluding such
claims or liabilities arising from the negligence or willful misconduct of the City, its officers, agents or
employees, who are directly responsible to the City, and in connection therewith:
(a) Contractorwill defend any action or actions filed in connection with any of said claims
or liabilities and will pay all costs and expenses, including legal costs and attorneys' fees incurred in
City of Patin Springs-Palm Springs Difernational Mpoit
Constmc(ion Management Services Page 5 of 36
connection therewith;
(b) Contractor will promptly pay any judgment rendered against the City, its officers,
agents or employees for any such claims or liabilities arising out of or in connection with the negligent
performance of or failure to perform such work, operations or activities of Contractor hereunder; and
Contractor agrees to save and hold the City, its officers, agents, and employees harmless therefrom;
(c) In the event the City, its officers, agents or employees are made a party to any action
or proceeding filed or prosecuted against Contractorfor such damages or other claims arising out of or in
connection with the negligent performance of or failure to perform the work, operation or activities of
Contractor hereunder, Contractor agrees to payto the City, its officers, agents or employees, any and all
costs and expenses incurred by the City, its officers, agents or employees in such action or proceeding,
including but not limited to, legal costs and attorneys' fees.
5.3 Third Party Indemnification. City will cause each Trade Contractor,their subcontractors and
any consultants engaged to provide services forthe 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 underthis Agreement create an increased or
decreased risk of loss to the City, the Construction Manager agrees that the minimum limits of the insurance
policies and the performance bond required by this Section 5 may be changed accordingly upon receipt of
written notice from the City Manager or designee. In the event of such an increase in the required coverage,
the City shall provide reasonable reimbursement to the Construction Manager for its actual costs of any
increased premiums.
6.0 REPORTS AND RECORDS
6.1 Reports. Construction Manager shall periodically prepare and submit to the Contract Officer
such reports concerning the performance of the services required by this Agreement as the Contract Officer
shall require. Construction Manager hereby acknowledges that the City is greatly concerned aboutthe 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 anyfacts,circumstances,techniques,or events that
may or will materially increase or decrease the cost of the work or services contemplated herein or, if
Construction Manager is providing design services, the cost of the project being designed, Construction
Manager shall promptly notify the Contract Officer of said fact, circumstance, technique or event and the
estimated increased or decreased cost related thereto and, if Construction Manager is providing design
services, the estimated increased or decreased cost estimate br the project being designed.
6.2 Records. Construction Manager shall keep, and require subcontractor to keep,such books
and records as shall be necessary to perform the services required by this Agreement and enable the
Contract Officer to evaluate the performance of such services.The Contract Officer shall have full and free
access to such books and records at all times during normal business hours of City, including the right to
inspect, copy, audit and make records and transcripts from such records.Such records shall be maintained
for a period of three(3)years following completion of the services hereunder,and the City shall have access
to such records in the event any audit is required.
City of Palm Springs-Patin Springs International Ai po,t
Construction Management Services Page 6 of 36
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 Managershall 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
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".
City of Palm Sprngs-Palm Springs International Airport
Construction Management Services Page 7 of 36
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 otherdefault 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 shorter time as may be determined by the Contract Officer. In
addition, the Construction Manager reserves the right to terminate this Agreement at any time, with or
without cause, upon sixty(60)days written notice to City, except that where termination is due to the fault of
the City, the period of notice may be such 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 may be specifically approved by the Contract Officer. Except where the Construction Manager
has initiated termination, the Construction Manager shall be entitled to compensation for all services
rendered prior to the effective date of the notice of termination and for any services authorized by the
Contract Officer thereafter in accordance with the Schedule of Compensation or as may be approved bythe
Contract Officer, except as provided in Section 7.3. In the event the Construction Manager has initiated
termination,the Construction Manager shall be entitled to compensation onlyforthe reasonable value of the
work product actually produced hereunder. In the event of termination without cause pursuant to this
Section, the terminating party need not provide the non-terminating party with the opportunity to cure
pursuant to Section 7.2.
7.9 Termination for Default of Construction Manager. If termination is due to the failure of the
Construction Manager to fulfill its obligations under this Agreement, City may, after compliance with the
provisions of Section 7.2, take over the work and prosecute the same to completion by contract or
otherwise, and the Construction Manager shall be liable to the extent that the total cost for completion of the
services required hereunder exceeds the compensation herein stipulated (provided that the City shall use
reasonable efforts to mitigate such damages), and City may withhold any payments to the Construction
Manager for the purpose of set-off or partial payment of the amounts owed the City as previously stated.
City of Palm Springs-Pa7m Springs Intematlonal Airpod
Construction Management Services Page a or 36
8.0 CITY OFFICERS AND EMPLOYEES: NON-DISCRIMINATION
8.1 Non-liability of City Officers and Emplovees. No officer or employee of the City shall be
personally liable to the Construction Manager, or any successor in interest, in the event of any default or
breach by the City or for any amount which may become due to the Construction Manager or to its
successor, or for breach of any obligation of the terms of this Agreement.
8.2 Conflict of Interest. No officer or employee of the City shall have any financial interest,direct
or indirect, in this Agreement nor shall any such officer or employee participate in any decision relating to
the Agreementwhich effects his financial interest orthe 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 Aqainst Discrimination,Construction Manager covenants that, by and for itself, its
heirs, executors, assigns, and all persons claiming under or through them, that there shall be no
discrimination against or segregation of, any person or group of persons on account of race, color, creed,
religion,sex, marital status, national origin, or ancestry in the performance of this Agreement.Construction
Manager shall take affirmative action to ensure that applicants are employed and that employees are
treated during employment without regard to their race, color, creed, religion, sex, marital status, national
origin, or ancestry.
9.0 MISCELLANEOUS PROVISIONS
9.1 Notice.Any notice,demand, request,document, consent, approval,or communication either
party desires or is required to give to the other party or any other person shall be in writing and either served
personally or sent by prepaid,first-class mail, in the case of the City,to the attention of the Contract Officer,
CITY OF PALM SPRINGS, Department of Aviation, Palm Springs International Airport, 3400 E Tahquitz
Canyon Way, Suite OFC, Palm Springs, California 92262. In the case of the Construction Manager, it
should be addressed to the person at the address designated on the execution page of this Agreement.
Either party may change its address by notifying the other party of the change of address in writing. Notice
shall be deemed communicated at the time personally delivered or in seventy-two(72)hours from the time
of mailing if mailed as provided in this Section.
9.2 Interpretation. The terms of this Agreement shall be construed in accordance with the
meaning of the language used and shall not be construed for or against either party by reason of the
authorship of this Agreement or any other rule of construction which might otherwise apply.
9.3 Integration; Amendment. It is understood that there are no oral agreements between the
parties hereto affecting this Agreement and this Agreement supersedes and cancels any and all previous
negotiations,arrangements,agreements and understandings,if any, between the parties, and none shall be
used to interpret this Agreement.This Agreement may be amended at any time by the mutual consent of the
parties by an instrument in writing.
9.4 Severability. In the event that any one or more of the phrases, sentences, clauses,
paragraphs, or sections contained in this Agreement shall be declared invalid or unenforceable by a valid
judgment or decree of a court of competent jurisdiction, such invalidity or unenforceability shall not affect
any of the remaining phrases, sentences, clauses, paragraphs, or sections of this Agreement which are
hereby declared as severable and shall be interpreted to carry out the intent of the parties hereunder unless
the invalid provision is so material that its invalidity deprives either party of the basic benefit of their bargain
or renders this Agreement meaningless.
City of Palm Springs-Palm Springs tntemational Airport
Construction Management Services Page 9 of 36
0
9.5 Corporate Authority.The persons executing this Agreement on behalf of the parties hereto
warrant that(i)such party is duly organized and existing, (ii)they are duly authorized to execute and deliver
this Agreement on behalf of said party, (iii)by so executing this Agreement,such party is formally bound to
the provisions of this Agreement,and(iv)the entering into this Agreement does not violate any provision of
any other Agreement to which said party is bound.
9.6 Responsibility for Construction Means and Methods. Construction Manager shall not be
responsible for construction means, methods,techniques,sequences, and procedures employed by Trade
Contractors in the performance of their Contracts, and shall not be responsible for the failure of any Trade
Contractorto carry out work or services for the Project in accordance with such Trade Contractor's contract
with City; provided, however, that should the Construction Manager discover any latent or unknown
conditions,which will materially affect the performance of the services hereunder,the Construction Manager
shall immediately inform the City of such fact and shall not proceed except at Construction Manager's risk
until written instructions are received from the Contract Officer.
9.7 Construction Manaqer is not an Architect/Engineer. City acknowledges that Construction
Manager is not an Architect or Engineer, nor is it responsible for any design of the Project. City has caused
these design professionals and their agents, employees, and subcontractors to carry such professional
liability insurance to address claims that mayarise out of the design professionals errors or omissions.
[SIGNATURE PAGE FOLLOWS]
City of Palm Springs-Palm Springs International Aftporl
Construction Management Services Page 10 of 36
SCH r = VPENSATION
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
d lerk City Manager
APPROVED AS TO FORM: �p����`c r
��r��i�`J'ZV lsr'�� r:��
By:
City Attorney
CONTRACTOR: Check one:_Individual_Partnership^ Corporation
Corporations require two notarized signaturene f��jn each of the following:A.Chairman of Board, President,or any Vice President:AND B,
Secretary,Assista� Sec t' ry,Treasu r,AEsis nt Isurer,or Chief Financial Offj.car.
I ] 1 �
Srgnat re (n ari, d) 'I Signature (notarized)
v ,
Name: /'��� r' Y Ci./ Name: 7,aC�,rtG+rc7 �� 'I�``�CCci
Title:_��I�(-(%' /��t' a L V�. Title: {�SS d 51-�-an SeQlrc-6 r�1
State of �ko�lr jpl u,oa - State-of- N S'tk'i`,( �` C 02a
Countyof �\oi,AOwlyw C-amriyaf =ss
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On �� _'� fo,3 before me, On -b, 7, � � before
me
personally. g r appeared personally y, appeared
U ,�r personally ��)aC -toe C . (re personally
known to me(or proved to m on the basis of satisfactory known to me(or proved to me on the basi of satisfactory
evidence) to be the person(s) whose name(s) is/are evidence) to be the person(s) whose name(s) is/are
subscribed to the within instrument and acknowledged to subscribed to the within instrument and acknowledged to
me that he/she/they executed the same in his/her/their me that he/she/they executed the same in his/her/their
authorized capacity(ies), and that by his/her/their authorized capacity(ies), and that by his/her/their
signature(s)on the instrument the person(s),orthe entity signature(s)on the instrument the person(s),or the entity
upon behalf of which the person(s) acted, executed the upon behalf of which the person(s) acted, executed the
instrument. instrument.
WITNESS my hand and official seal. WITNESS my hand and o icial seal.
,, �'
Notary Signature:�'�����-� �L+LI,� Notary Signature: �'— ��
Notary Seal: _ Notary Seal:__ --- C;N1Ctd LVid VJYi'JI�
CHI'OBA-EBINAMA - �Ip),diy 6�u6lic Ui�iSEB'iGtOf C9ItIdB6R
r,CYn Y PUBLIC STATE-OF MARYLAND
Commission Expires February 20, 200/fi- °°°y'�J�It�OSSdQ6) ]I�ZItB'Sv
City of Patm Springs-?afro Span rs bs[ern tionsl Airport
Construction Management Services ��V !!! _ _ Page 2 of 3
EXHIBIT "A"
SCOPE OF SERVICES
I. BACKGROUND
A. The Contractor shall perform Construction Management (CM) services at the Palm Springs
International Airport as outlined in this agreement, unless otherwise amended.
B. This agreement shall not be considered an exclusive services agreement for any specific project
listed herein. Instead, each project may be subject to a separate agreement through an amendment
to this agreement with new Notice to Proceed (NTP) for that specific project predicated on
availability of funding.
C. Scope of Work - The CM is responsible for project management review and comments on the
design documents, determining bid packaging, preparing bid packages and recommending award,
and providing construction management services and post construction tasks as identified within
this agreement.
D. The Construction Manager shall perform Plamring/Design Management and Review, Provide
Pre-Bid/Bidding management and guidance, Provide Construction and Post Construction
Management Services. A brief summary of these items is as follows with Exhibit"A"providing
additional description and details:
1. Planing/Design and Pre-Bid/Bidding Phase Services
a. Preliminary Evaluation - Provide a preliminary evaluation of the program and
construction budget requirements.
b. Design Review and Recommendations-Review the design packages and identify errors and
omissions, recommend corrections.
c. Value Engineering Services-Furnish information regarding availability of labor,materials,
and equipment.
d. Preliminary Cost Estimates - Provide construction cost estimates.
e. Long Lead Procurement — Assist the A/E with identifying long lead items for early
procurement. Assist the Owners Representative with the storage and delivery.
f. Trade Bid Packages—Assist in preparation of bid packages,review and manage award of the
contracts for the performance of the work contained in the design documents. Supervise and
manage the trade contractors.
g. Separate Contracts Planning-Make recommendations as to the scoping mud packaging of the
work shown in the design documents.
h. Interfacing - Coordinate the interfaces necessary to scope, schedule, and tender Trade
Contracts for the total scope of the work.
i. Airport Security-Develop a security plan for Owners Representative approval to be issued
as part of the Contract Documents for every subcontract and trade contract.
j. Commissioning-Prepare for Owners Representative approval of a Commissioning Plan to
ensure efficient, safe, and proper operation of the constructed facility,including all systems
and installed equipment. Ensure that documentation,training,and turnover are addressed in
City of Palm Springs-Pahn Springs International Avpod
Construction Management Services
Page 12 of 35
e o
EXHIBIT "A"
SCOPE OF SERVICES
this plan.
k. Market Assessment and Stimulation of Bidder Interest - Monitor, report on, and make
recommendations regarding the market conditions for labor,materials,equipment,and trade
contract competition.
1. Tenant Relocation Plan — Provide a coordinated Tenant Relocation Plan (if needed) for
implementation throughout the construction period.
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 by the Owners Representative. Obtain final approval
before trade contracts are awarded. Implement and enforce the program with
respect to all of the work.
d. Trade Contractor Interfacing-Act as the single point of interface between the
Owners Representative and all of its agents and representatives, including the
Architect/Engineer, and the trade contractors.
e. Job-Site Requirements - Provide services for managing the site,to include a log of
daily activity, roster of companies and key personnel,job-site rules and procedures,
safety program, signage, security, and parking. Provide an on-site construction
trailer.
f. Job-Site Administration- Provide services for administering the site, to include
meetings, submittal coordination, material and equipment expediting, and
document coordination.
g. Administrative Records -Maintain files containing contracts, submittals/approvals,
purchase/delivery documents, and drawings and specifications.
h. Cost Accounting/Records -Maintain files documenting the costs incurred on the
project and all records necessary to document inspections, payments, meeting
minutes, insurance certificates,reports,punch lists, schedules and updates, and the
Project Manual.
i. Occupancy- Provide services to ensure a smooth occupancy of the projects,
including inspection, commissioning, receipt of guarantees and warranties, and
implementation of the Tenant Relocation Plan.
j. Substantial Completion/Partial Substantial Completion—Arrange, conduct, and
ensure corrective actions for acceptance inspections. Provide lists and
documentation for inspections conducted jointly with the Owner,
Architect/Engineer, and the Trade Contractors.
3. Program Guidance
a. Project Management Information Reporting -The Construction Manager will assist
the Owners Representative manage the ACIP program and projects to include
City of Palm Springs-Patin Sprirrgs International Airport
Construction Management Services
Page 13 of 35
\I 0
SCOPE OF SERVICES
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 - Construction Manager will assist the Owners Representative in
soliciting for additional funding to ensure completion of project's I 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.
e. Project Internet Site - Provide, host and maintain a project Internet site to contain
schedules, drawings and project information.
4. The Contractor is expected to act on behalf of the Owner as a conventional professional
Construction Manager.
II. BASIC SERVICES
This agreement shall be for 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 wider this Agreement is for Construction Management services for
improvements to the Palm Springs International Airport(PSP).A detailed Scope of Services,included
in this agreement or in the form of an amendment to this agreement, shall be prepared and agreed to by
the parties on a project by project basis prior to the cormnencement of any work.
The project specific amendment shall include the maximum fee to be paid for the specific project as
well as a Schedule of Performance for the specific project. Said projects may include, but are not
limited to,the following projects:
,PROJECT' ;: -` Pf�OJECT T7TLE�DESCRIRTION '
1 Expansion/reconfiguration of the passenger screening checkpoint.
2 Expansion/reconfiguration of passenger holding rooms.
3 Explosive Detection System (EDS) modifications and improvements.
4 Project Management/Program Guidance for ACIP program.
5 Provide general construction management services forsmaller projects which may be required
by the Airport. Typical projects may include, but are not limited to the following:
• Coordination of tenant improvements;
• Construct-ability analysis for buildings located at the Airport;
• Review of plans and specifications;
• Clarification on associated Airport construction issues.
City of Palm Springs-balm Springs International Airport
Construction Management Services
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EXHMIT "A"
SCOPE OF SFRVICE
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 Manager and a Construction Manager will manage the Program and control
the Business Administration, Contracts Administration, Safety, Quality Control and Inspection,
Project Controls,Tenant Liaison,and the Community Small Business Enterprise Program(CSBE)
E. The City may elect to seek a variety of specific task assignments, on a project by project basis
from the Construction Manager. These tasks are as follows:
Phase I-Planning/Design
TASK 'TITLE/DESC%2OnoN
1 Preliminary Management Plan-Constriction Manager shall prepare a Management
Plan for the City of Palm Springs, Department of Aviation (Owner's
Representative), which will establish the general basis for the sequence of
contracting for constriction of the Project.
2 Final Management Plan -Evaluate the local construction market, the Airport and
City's resources, the Airports schedule and budget goals of the Project, develop
various alternative approaches, and make recommendations to the Owners
Representative.Upon approval by the Owner's Representative of the Constriction
Management Plan, Construction Manager shall prepare the Construction
Management plan in final form.
3 Monitor —Provide monitoring of all Project activities as required until working
drawings are submitted for plan check and shall report same to Owner's
Representative.
4 Project Budget- Maintain/update the Project budget monthly as decisions by the
Owner's Representative are implemented.
5 Cost Studies - Evaluate alternative design solutions/elements as directed by the
Owner's Representative and report same to Owners Representative.
6 Value Engineering-Conduct value engineering studies on elements of the design as
directed by the Owner's Representative and report same to Owners Representative.
7 Constructability Review-Complete a constnuctability review on working drawings.
CiPy of Palm Springs-Palrrr Springs Li£ernefioms!Fl irport
Construction Management Services
Page f5 of 35
A 0 -
EX1,118IT "A"
SCOPE OF SERVICES
8 I Construction Phase Schedule-Develop preliminary construction phase schedule.
9 Cash Flow- Prepare a cash flow chart for the Project's duration.
Phase II-Pre-BidlBidding
TJSK T' TiL/DESLRIPTroN
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 Project Budget- To assist the Project, Construction Manager shall provide a plan
and budget for all items that will be required for the Project, These include such
things as reproduction of the drawings and specifications forbidding,various other
office administrative costs and the cost for required services at the site.
Construction Manager shall review the requirements,the Airport's scheduled goals
and existing budget data.
12 Budget Reports - Weekly, or as requested by the Owner's Representative,
Construction Manager shall make a report of the budget to the Owners
Representative indicating: 1) shortfalls or surpluses in the budget (against design
estimates), and 2)recommendations for cost reductions and value engineering.
13 Cost Management Procedures - Construction Manager shall implement and
maintain cost management procedures throughout the pre-construction phase.When
changes are made and approved by the Owners Representative, these changes can
be recorded and the cost effect can be documented.
14 Project Management Review - Construction Manager shall provide input to the
Owners Representative and Architect relative to value,sequencing of construction
phases, duration of construction, and constructability.
15 Coordination Review-Construction Manager shall review the Architect 50% and
90% Contract Document submissions and provide written comments on the
coordination of the various disciplines, including civil, structural, architectural,
mechanical, electrical, 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 Owner's Representative. At the
conclusion of these sessions, Construction Manager, in conjunction with the
Owners Representative, shall request commitments from the Architect for design
adjustments to the documents in an effort to maintain the project budget.
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17 Conditions of Construction - Construction Manager shall advise the Owner's
Representative as to the form and content of the Invitation to Bid and the form of
Proposal for each trade contract for construction. Construction Manager shall
submit the General Conditions to the Architect and make suggestions for their
inclusion into the Construction Documents.
18 Management of Bidding Process - Construction Manager shall assist the Owners
Representative in the overall bidding process. The four proposed steps are as
follows:
-Bidding Procedures:In cooperation with the Architect and the City's Procurement
Office, Construction Manager shall develop bidding procedures for bid document
issuances, bidder tracking and receipt of proposals.
- Generate Bidder Interest: Construction Manager shall maintain contact with
potential bidders on a regular basis throughout the bid period.
- Bid Advertisements: Construction Manager shall assist the Owner's
Representative and the Architect in preparing and placing notices and
advertisements to solicit bids on the Project.
-Prepare Bid Document Delivery:In conjunction with the Owner' Representative
and Architect, Construction Manager shall coordinate and expedite the preparation
and delivery of Bid Documents and addenda to the bidders that may include:
- Prepare summaries, scope of work Bid Packages
- Arrange to secure documents from Architect(s)
-Arrange for printing, binding, and wrapping
-Arrange for delivery to bidders
-Follow up calls to bidders
19 Pre-Bid Conference(s) - In conjunction with the Owners Representative and
Architect, Construction Manager shall assist with pre-bid conferences. These
conferences will be a forum for the Owners Representative, City, Construction
Manager and Architect to present the project requirements to the bidders,including
pre-qualification requirements as appropriate.
20 Coordination and Inquiries - Construction Manager shall coordinate
communications related to Bidder inquiries and seek resolution from the
appropriate party and provide timely forwarding of such information to the bidders.
21 Addenda Review-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,
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EXHUT "A"
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22 Bid Evaluation-Construction Manager shall assist the Owners Representative with
contractor pre-qualifications, the bid opening, evaluation of the bids for
completeness,responsiveness and price,including alternate prices and unit prices,
and shall make a formal report to the Owners Representative with regard to the
potential award of trade contracts and provide Owners Representative assessment of
the bids relative to project budget. The CM will advise the Owners Representative
of a preferred course of action consistent with budget and schedule.
23 Construction Contract(s) - Construction Manager shall assist the City in the
preparation of the construction contracts.
24 Cost Estimate - Prepare a detailed estimate at the conclusion of design work.
"Detailed" shall be defined as no less than ten(10)trade areas.
25 Project Procedure Manual-Construction Manager shall prepare a Project Procedure
Manual for the Owner Representatives review and approval and based upon City
Standard Construction Management Procedures. Copies of manual shall be
provided to trade contractors.
26 Bid Document Review-Construction Manager shall conduct a final review of bid
documents for completeness and accuracy once plan check corrections are made.
27 Bid Package—Construction Manager shall assist the Owners Representative and
City's Procurement Office in the preparation of"front end" documents for the bid
packages. Said "Front Ends" shall be based on City Standard Front End.
28 Bidding Procedures—The Constriction Manager shall develop bidding procedures
in coordination with the Owners Representative and the City's Procurement Office.
29 Proj ect Seminar—The Construction Manager will conduct one information seminar
for local trade contractors concerning the project and how to participate as a sub or
a sub to a larger sub.
30 Pre-Bid Conferences—The Construction Manager shall conduct a minimum of 1
pre-bid conference.
31 Bid Evaluation — The Construction Manager shall receive, tabulate and analyze
trade contractor bids.
32 Recommendations—The Construction Manager shall make recommendations for
trade contractor bid awards.
33 Contract Negotiations — The Construction Manager shall assist the Owners
Representative in negotiating contracts in coordination with the Director of
Procurement& Contracting.
34 Contract Docrunents — The Construction Manager shall assemble and prepare
contracts and related documents for the Owner's Representative review and
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EXHIBIT "A"
SCOPE OF SERVICES
execution.
35 Public Relations Activities - Construction Manager shall assist the City and
Architect in public relations activities including preparation of the Project
information and attendance at internal and public meetings, as required,including
the site meetings and City Committee meetings as required by the City.
36 Federal Requirements-Construction Manager shall include and review for proper
language; any and all federal requirements, including, but not limited to, Dis-
Advantaged Business Enterprise, Davis-Bacon Wage Rates, United States steel.
Phase III- Construction
TASk TnEE/D �seRIPr/ON.
37 Project Management 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 Owners Representative in resolving conflicts with the trade contractors
during any and all warrantee periods that are provided by the trade contractors.
38 Project Administration - Construction Manager shall provide reporting and
documentation that starts prior to the Construction Managers' preconstruction
conference, site construction services (general conditions items including
supervision and administration of the Project), conducting construction progress
meetings, providing progress reports, processing contractor requests for
information(BFI's), reviewing and recommending the approval or disapproval of
change orders and payments to the contractor,maintaining record keeping to assist
the Owners Representative in negotiations, mediation or arbitration of claims or
disputes.
39 Preconstruction Conference(s) - Construction Manager shall conduct, in
conjunction with the Owners Representative and the Architect, preconstruction
orientation conferences for the benefit of the successful trade contractors and can
serve to orient the trade contractors to the various reporting procedures and site
rules prior to the commencement of actual construction.
40 Contract Administration - Construction Manager shall administer the trade
contracts as provided in the General Conditions of the trade contractors for
construction.
41 Submittal Procedures - Construction Manager shall establish and implement
procedures for submittals, change orders,payment requests and other procedures;
and maintain logs, files, and other necessary documentation.
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EXHIBIT °A"
SCOPE OF SERVICES
Representative regarding acceptance of the proposals for any Change Orders as
required.
50 Negotiation of Change Order Costs and Time Extensions - Construction Manager
shall assist the OWNERS REPRESENTATIVE and the Architect in negotiating
Change Order costs and time extensions.
51 Change Order Reports-Construction Manager shall prepare and distribute Change
Order reports on a monthly basis throughout the construction phase. The report
shall provide information pertaining to proposed and executed change orders and
their effect on the contract price as of the date of the report.
52 Trade Contractor Manager Schedule Claims-Construction Manager shall be given
copies of all notices of claims by Trade Contractors against the City for any alleged
cause. Construction Manager shall perform a preliminary review, if appropriate.
After an evaluation of the actual progress as observed by Construction Manager,
scheduled activities can be assigned percentage-complete values in conjunction
with.the trade contractors. The report shall reflect actual progress as compared to
schedule progress noting variances (if arty) as negative float. The report shall also
be the basis for determining implementation of certain City prerogatives concerning
progress of the project, when required.
53 Recovery Schedule: If requested by the Owners Representative, Construction
Manager shall assist the trade contractor in preparing a Recovery Schedule. This
Recovery Schedule can reflect the 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 Owners Representative,Construction Manager
shall analyze the claims for extension of time and shall prepare an impact
evaluation report that can reflect the actual impact to the schedule. The report can
also provide a narrative including a recommendation for action to the City.
55 Evaluate Claim Cost: If requested by the Owners Representative, Construction
Manager shall prepare estimates based on the alleged cause of claims submitted by
the trade contractors and shall prepare alternate estimates based on varying
scenarios of the claim cause. These estimates can be transmitted to the City and can
be used in claim rulings and negotiations.
56 Trade Contractor Claims Negotiations: If requested by the City, Construction
Manager will negotiate claims with the trade contractor on behalf of the City.
Construction Manager shall make a recommendation to the City concerning
settlement or other appropriate action.
57 Construction Schedule:Upon the Owners Representative transmission of a Notice
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FXEiUT "A"
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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
Owners Representative, the Architect and other appropriate parties.
58 Schedule of Values - Construction Manager will review, with the Architect, for
compliance each Contractor Schedule of Values.
59 Final Completion - Construction Manager, in conjunction with the Architect and
the inspector,will at the conclusion of all corrective action of all punch list items,
make a final comprehensive review of the Project,make a report to the City which
can indicate whether 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 Contractor Supervision — The Construction Manager will maintain full-time ,
supervision of the work; "full-time" is defined as during all hours that trade
contractors are on the site.
61 Field Logs—The Construction Manager will maintain field logs,reports and testing
report files. Log entries shall be no more than 48 hours after said event.
62 Submittal Process—The Construction Manager will manage the submittal process
as outlined in the Architect's Project Specifications and maintain on-site submittal
log so the Owner's Representative may ascertain completeness of submittal
processes.
63 Monitor Compliance—The Construction Manage will monitor contract compliance
with all trade contractors. Non-compliance shall be reported to Owner's
Representative at weekly construction meetings with proposed corrective action.
64 Safety Program—The Construction Manager will verify that the trade contractors'
safety programs are in accordance with the City's safetyprogram.The Construction
Manager will monitor the implementation of each trade contractors'safety program
for the duration of the Project.
65 Quality Control Program — The Construction Manager will implement and
document a quality control program,subject to review and approval of the Owner's
Representative, for the tern of the construction project.
66 FAA Reporting - Construction Manager shall oversee, request, document and/or
submit any and all project reporting requirements as mandated by the Federal
Aviation Administration(FAA).
67 Security Escort- Construction Manager shall provide a security escort function so
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•
EXHIEBT "A„
:COPE Mt SE ViGE x
as to meet the project security requirements as mandated by the Transportation
Security Administration (TSA).
Phase IV-Post Construction
T 15K . r hitk;DPSCnITION
'ASSIGNMENT
68 Occupancy Permit-Construction Manager shall assist the Owners Representative
in obtaining the occupancy permit. This task may encompass accompanying
governmental officials(Fire Marshal,Building Department,etc.)during inspections
of the facility, assisting in preparing and submitting proper documentation to the
appropriate approving agencies, assisting in final testing and other necessary and
reasonable activities.
69 Final Project Report-At the conclusion of the 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 Final Punch List — The Construction Manager will coordinate correction of any
remaining pinch-list or defective work items.
71 Owner Occupancy—The Construction Manager will assist in the coordination for
owner move in.
72 Turnover — The Construction Manager will coordinate all testing, turnover and
training activities required from the various trade contractors and equipment
suppliers when required.
73 As-Build Documents — The Construction Manager will assemble all as-built
documents,warranties and guarantees so received by the trade contractors and shall
compile them in indexed notebooks.
74 Closeout Activities — The Construction Manager will lead contract close-out
activities in coordination with the Owner's Representative.
75 Opening Ceremony — The Construction Manager will assist the Owner's
Representative in preparation for grand opening ceremony.
Phase V-Program Guidance
TAsx TITLE/DESCR-1plION
ASSIGNMENT '
76 Project Management Information Reporting -The Construction Manager will assist
the Owners Representative manage the ACIP program and projects to include
Narrative Reports, Schedule Control, Cost Control and Estimating, Project
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EXHIMY "A"
SCOPE OF SERVICES
ICES
Accounting,Accounting and Payment,Actions Reports,and Critical Issues "Look
Ahead".
77 Disadvantaged Business Enterprise (DBE) Program - Comply with the terms of
City of Palm Springs regarding DBE requirements. Administer and implement a
program.
78 Airport Funding- Construction Manager will assist the Owners Representative in
soliciting for additional funding to ensure completion ofproject'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.
79 Proiect Internet Site — Construction Manager will provide, host and maintain a
project Internet site to contain schedules, drawings and project information.
F. Task Assignment Clarifications:
ITEM A$$UNIPTIONS/CL.ARIFICATIONS . .
Project Duration This agreement is for the duration of 36 months. The NTP for project 1 as
specified in Exhibit"C" is effective 17 November 2004. Additionally,
Project 1 finding is specifically associated with AIP 37 and is currently
funded. Funding for Project 2 is contingent on AIP 38 with expected
funding to support this project in August 2005. As indicated in Exhibit
"D"—Schedule of Performance, Project 2 construction is planned to
begin no earlier than September 2005. A separate NTP will be issued for
Project 2.
In order to better manage the conduct of the Terminal Expansion Projects
for cost and schedule assessments each project under this agreement will
be phased as follows: (The support of Phase 5 is to support the Airport
with program and funding issues through construction.)
• Phase 1 (Planning/Design)
• Phase 2 (Pre-Bid/Bidding)
• Phase 3 (Construction)
• Phase 4 (Post Construction)
• Phase 5 (Program Management/Guidance—Assist Airport in '
Funding Strategies)
Completion of The Design Consultant (A/E) is contracted with the City of Patin Springs
Design Phase throughout the duration of construction and sufficiently staffed to provide
the following:
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O O
EXHIBIT "A"
SCOPE Cyr SERVICES
ITEM# .ASSUMPTI0N§/CLAh1FiCA7T0NS
• Submittal review(7-day turn around)
• RFI response (3-day turn around)
• Non-conformance evaluations (3-day turn around)
• Design revisions (I 4-dayturn around)
• VECP review(7-day turn around)
• Design review related to claims (14-day turn around)
• As-built drawing preparation(14-day turn around)
Mobilization Mobilization during Phase 1 is estimated to be completed within 10 days of
NTP. Assumed mobilization for construction phase would continence I
month prior to construction phase.Mobilization for construction supervisory
personnel commences at construction contract award. Initially utilizing the
Las Vegas&San Francisco office,field personnel will mobilize atNTP,and
mobilize to field office within 2 weeks prior to start of construction phase.
Construction Shifts Our staffing level is based on a construction schedule that uses a single 5x8
contractor work schedule. Coverage is based on the following contractor
driven work approach:
• On site during any work scheduled for subcontractors and vendors.
Staff Overtime No overtime is included in this agreement.Construction Manager staffing is
based on a single 5x8 work schedule concurrent to the contractors
operations.
Request For Construction Manager assumes design related RFI's will be submitted to the
Information(BFI's) A/E for timely review and response.The Construction Manager will track all
RFI's using commercially available software such as Microsoft Expedition
or equivalent. Contractors to provide RFIs in both electronic and hard copy
format.RFI response tuna around by A/E shall not exceed three(3)calendar
days.
Project Guidance Program/Project Manager will assist the Owners Representative in soliciting
for additional funding to ensure completion of projects 1 and 2 if current
allocation is insufficient.Additionally, Constriction Manager will assist in
preparing appropriate documents, meetings and presentations and
developing long-tern strategy for additional funding of future airport
projects.
Contractor/Vendor Construction Manager's pricing is based on processing all necessary
Submittal Reviews submittal packages(including 1 revision per submittal)over the duration of
project 1 and 2. It is assumed that design related submittal packages are to
be submitted to the AE for timely review and response(7-day turn around).
The Construction Manager will track RFI's using commercially available
software such as Microsoft Expedition or equivalent. Contractor shall
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Construction Management Sennaes
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Ea HUT „A„
SCOPE OF SlaRV CES
ITEM'# , AssUMPT(oNs/CWRIFICATIONs,
provide an adequate number of copies for distribution/record retention.
Construction Construction Manager will provide a separate field office trailer for the sole
Manager Office use of the construction management team.The office will be fully functional
with furnishings and equipment as outlined in the construction
specifications.
Field Vehicles The Construction Manager will provide necessary vehicles for each full time
assigned field construction superintendent as well as necessary equipment
such as cell phone,safety beacon necessary to work on Airfield.These items
will not be directly billed to the City as a separate billable charge. The City
or Airport will not provide vehicles for CM use.
Permits Construction Manager will assist Owners staff with all necessary permitting
activities required for construction phase.
Contractor Construction Manager provides full time resident construction supervision,
Supervision which is accessible full time during construction activities.
Contractor Construction Manager will assist Owners Representative staff to ensure
Compliance contractors fully comply with contract requirements regarding scheduling,
submittals, and supervision.
Non-Conformance The Construction Manager will manage all necessary non-conformance
issues.
Quality Control QC inspection and testing results generated, as required by construction
(QC)Program contractors are not part of this agreement. The Quality Assurance (QA)
effort by the CM will be structured to periodically verify the QC results, as
well as to validate the quality process.This QA role will utilize side-by-side
and independent tests and observations, as well as performance audits to
ensure a quality product.
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1� 0
EXIiIBIT "B„
SPECIAL REQUIREMENTS
Section 4.2 The Contract Officer for this agreement is hereby designated as the following:
Richard S Walsh, A.A.E.
Director of Aviation
City of Palm Springs, Dept of Aviation
Palm Springs International Airport
760/318-3901
FAX 760/318-3815
RichardS(cr)ci.palm-springs.ca.us
Section 5.1 No special insurance is required as set firth 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 at jobsite,
excluding coverage for earthquake and flood damages.The Builder's Risk Insurance Policy shall name the
Construction Manager as an additional insured. In executing this Agreement,the City expressly agrees to
waive any and all subrogation claims against Construction Manager for any and all items covered within
said Builder's Risk insurance policy; provided, however,that nothing herein shall be construed as a waiver
of any and all of the terms and conditions of insurance policies other than the Builder's Risk Policy, as set
forth in Section 5.0 of the Agreement.
1. TITLE VI ASSURANCES
A. During the performance of this agreement,the Construction Manager,for itself,its assignees and
successors in interest agrees as follows:
1. Compliance with Regulations. The Construction Manager shall comply with the
regulations relative to nondiscrimination in Federally assisted programs of the
Department of Transportation (hereinafter "DOT") Title 49, Code of Federal
Regulations, Part 21, as they may be amended from time to time, (hereinafter
referred to as the "Regulations"), which are herein incorporated by reference and
made a part of this agreement.
2. Nondiscrimination. The 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 Manager for 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 wider this contract and the Regulations relative to
nondiscrimination on the grounds of race, color, or national origin.
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EXH0'r'IS"
SPECIAL 1RECU6i ERnENTS
4. hformation 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 infonnation,
and its facilities as may be determined by the City or the Federal Aviation
Administration (FAA) to be pertinent to ascertain compliance with such
Regulations, orders, and instructions. Where any information required of a
contractor is in the exclusive possession of another who fails or refuses to furnish
this information,the Construction Manager shall so certify to the City or the FAA,
as appropriate, and shall set forth what efforts it has made to obtain the
information.
5. Sanctions for Noncompliance. hi. 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.
II. MINORITY BUSINESS ENTERPRISE (MBE) ASSURANCES
A. It is the policy of the Department of Transportation (DOT)that minority business enterprises as
defined in 49 CPR Part 23 shall have the maximum opportunity to 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 23 apply to this agreement.
B. The Construction Manager agrees to ensure that minority business enterprises as defined in 49
CFR Part 23 have the maximum opportunity to participate in the performance of contracts and
subcontracts financed in whole or in part with Federal funds provided under this agreement. In
this regard, all contractors shall take all necessary and reasonable steps in accordance with 49
CFR Part 23 to ensure that minority business enterprises have the maximum opportunity to
compete for and perform contracts. Contractors shall not discriminate on the basis of race,color,
or national origin, or sex in the award and performance of DOT assigned contracts.
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 forbids,
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SPECIAL €alnQllll2WIl NTS
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.
IV. CONSTRUCTION MANAGER'S RESPONSIBILITIES
A. The City and the FAA or any of their duly authorized representatives shall have access to any
books, documents,papers, and all other records which are directly related to this project(s)for the
purpose of making audit, examination, excerpts, and transcriptions.
B. The Construction Manager agrees to comply with Federal Executive Order No. 11246, entitled,
"Equal Employment Opportunity",as supplemented in Department of Labor Regulations(41 CFR,
Part 60)if this "agreement"exceeds$10,000'Sections 103 and 107 of the Contract Work Hours and
Safety Standards Act(40 USC 317-330)as supplemented by Department of Labor Regulations (29
CFR, Part 5) if this "agreement" exceeds $25,000; and all applicable standards, orders, and
regulations issued pursuant to the Clean Air Act of 1970 if this "agreement exceeds $100,000.
C. Incorporation of Provisions
1. The Construction Manager shall include the provisions of Sections I and II of the
Regulations in every subcontract including procurement of materials and leases of
equipment, unless exempt by the Regulations or directives issued pursuant thereto. The
Construction Manager shall take such action with respect to any subcontract or procurement
as the City or the FAA may direct as a means of enforcing such provisions including
sanctions for noncompliance. Provided, however that in the event a contractor becomes
involved in, or is threatened with, litigation with a subcontractor or suppliers as a result of
such direction, the engineer may request the City to enter into such litigation to protect the
interests of the City and, in addition, the Construction Manager may request the United
States to enter into such litigation to protect the interests of the United States.
V. AVIATION SECURITY
A. Prior to being grunted 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.
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SPECIAL REQUIRUffilITS
D. Identification badge and vehicle permit fees for the Construction Manager and associated sub-
consultants are hereby waived.
E. Once the CHRC has been successfully completed, the Construction Manager and associated sub-
consultant must satisfactorily complete a required training class on airport security. Attendance of
the class and subsequent issuance of the security identification badge may take longer than 2 hours
per person.
F. Vehicles to be utilized by the Construction Manager and associated sub-consultants that require
access to certain secured areas of the Airport are required to have conspicuously posted on said
vehicle a vehicle permit issued by the City. This vehicle permit shall hold the Construction Manager
responsible for both the vehicle and all personnel within the vehicle while the vehicle is on airport
property. All vehicles in full view, and at all times, a 3 foot by 3 foot flag with I foot checks of
international orange and white. During nigh time hours, an aniber rotating beacon is required.
G. All violations of Airport security are also violations of the City of Palm Springs Mrnnicipal Code
11.33.052. Any such violation may result in arrest,the issuance of a citation and/or the immediate
revocation of access privileges.
H. Criminal History Records Check(CHRC)
1. The Contractor will be required to submit to the AIRPORT, prior to commencing work in
accordance with this agreement, a letter authorizing specific Contractor representatives to
approve the issuance of Airport Identification badges and the processing of a fingerprint based
Criminal History Records Check(CHRC) and/or an employment history verification.
2. Each of the Contractor's employees will be required to successfully complete a Criminal History
Records Check(CHRC)in accordance with 49 CFR Part 1542.Employment history verification
records and/or CHRC results must be made available to the AIRPORT, the Transportation
Security Administration (TSA) and/or Federal Aviation Administration (FAA) immediately
upon request.
a. Under certain circumstances,and out of control of the AIRPORT, security measures
may change on short notice. No deviations from any security measure shall be allowed at
any 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, or
while the individual has unescorted access authority. The disqualifying criminal offenses are as
follows:
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EXHIBIT "S"
SPECIAL REQUIREMENTS
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. Conunission of certain crimes aboard aircraft in flight; 49 U.S.C. 46506.
g. Carrying a weapon or explosive aboard aircraft; 49 U.S.C. 46505.
h. Conveying false information and threats; 49 U.S.C. 46507.
i. Aircraft piracy outside the special aircraft jurisdiction of the United States; 49 U.S.C.
46502(b).
j. Lighting violations involving transporting controlled substances; 49 U.S.C. 46315.
k. Unlawful entry into an aircraft or airport area that serves air carriers or foreign air
carriers contrary to established security requirements; 49 U.S.C. 46314.
1. Destruction of an aircraft or aircraft facility; 18 U.S.C. 32.
m. Murder.
n. Assault with intent to murder.
o. Espionage.
p. Sedition.
q. Kidnapping or hostage taking.
r. Treason.
s. Rape or aggravated sexual abuse.
t. Unlawful possession,use,sale,distribution,or manufacture of an explosive or weapon.
u. Extortion.
v. Armed or felony unarmed robbery.
w. Distribution of, or intent to distribute, a controlled substance.
x. Felony arson.
y. Felony involving a threat.
z. Felony involving—
(1) Willful destruction of property;
(2) Importation or manufacture of a controlled substance;
(3) Burglary;
(4) Theft;
(5) Dishonesty, fraud, or misrepresentation;
(6) Possession or distribution of stolen property;
(7) Aggravated assault;
(8) Bribery; or
(9) Ilegal possession of a controlled substance punishable by a maximurn term of
imprisonment of more than I year.
aa. Violence at international airports; 18 U.S.C. 37.
bb. Conspiracy or attempt to commit any of the criminal acts listed in this paragraph(d).
4. The AIRPORT utilizes an electronic fingerprint machine,which will be utilized for the taking and
City of Patin Springs-Palm Springs Intemationif Airport
Construction Management Services
Page 31 of 35
r
EXHIBIT " "
SPECIAL REQUIREMENT
submission of fingerprints.
i.Generally, CHRC results are returned to the AIRPORT from the TSA within 3-5 business days.
cc. Employee Security Badges
i.All Contractor personnel who will be performing services as outlined in this agreement must
obtain, and conspicuously display on their person at all times when they are on duty, an
Airport issued security identification badge.
ii.The appropriate badge may be obtained at the Airport Operations Center located in the terminal
building. The cost for each identification badge is $25.00. Each CHRC also costs $35.00.
Stolen,and/or lost identification badges are subject to a$35.00 replacement fee.
iii.All badges are to be returned to the AIRPORT when the services are no longer required.
iv.In order to obtain a Security Identification Display Area (SIDA) identification badge, each
Contractor employee must have satisfactorily completed the aforementioned CHRC and
successfully completed a required training class on airport security.Attendance of the class
and subsequent issuance of the security identification badge may take longer than 2 hours
per person.
1. SIDA training will be provided by the AIRPORT and will be scheduled at a mutually
agreeable time to the Contractor and the AIRPORT.
City of Palm Springs-Palm Springs International Afipod
Construction Management Services
Page 32 of 35
r
k � •
EXH01 r "C"
SGPFDULE OF COPWPENSATION
HOURLY RATES AND BILLING PROCEDURES
I. Reimbursable Costs
A. Costs incurred must be consistent with the Federal cost principles contained in 48 CFR,Part 31,to
be reimbursable under an airport planning or development grant. These costs have been estimated
and included in the lump stun payment.
IL Labor rates
A. Listed Rates are inclusive of direct salary costs,labor overhead,general and administrative costs,
direct nonsalary expenses and profit.
B. Parsons billing rates.
ProjectManager ..........................................................................................................$132.50/hr
Construction Manager........................................................................ $139.79/hr
Superintendent ............................................................................................................$118.75/hr
QA/QC Lead ...............................................................................................................$112.23/hr•
SafetyManager ...........................................................................................................$106.88/lu
Funding Coordinator ..................................................................................................$121.38/hr
Stakeholder Coordinator .............................................................................................$137.50/ln•
ProjectControls ..........................................................................................................$131.13/hr
EngineeringSupport ...................................................................................................$114.38/hr•
CostEstimator ............................................................................................................$128.63/hr
OfficeAssistant ............................................................................................................$56.25/hr
CARDOperator ............................................................................................................$58.75/1,r
ITAssistant .................................................................................................................$120.68/hr
III. For each specific project,the Construction Manager shall provide a Cost Schedule of Performance
for approval by the City allocating the costs to specific tasks. The Cost Schedule of Performance
shall be based on the hump sum compensation for each task as found in Exhibit"C"and the Schedule
of Performance as found in Exhibit"D". The Construction Manager shall submit an update of the
approved Cost Schedule of Performance to the City showing the percentage of performance of the
work as support for the Construction Managers monthly invoice. The Contract Officer shall
authorize payment based upon the percentage of the task which has been satisfactorily performed.
IV. Fees for project specific task assignments which are not shown in this agreement will be negotiated
at a later date when the scope of work is defined and will be formalized by an amendment to this
agreement.
City of Palm Springs-Pahn Springs International Airpoit
Cons[ruction Management Services
Page 33 of 35
E
��tlaFWI.F�, xyy J— 9Sd E:ii B�'a"i�9s�6�r�.1�d'3�a
TABLE C-1 -PROJECT SPECIFIC COMPENSATION
PROJECT - PROJECT _ PHASE/ �-P--RASE/I =PPIASE I(l PHASE IV PHASE lF COMPENSATION
# FITCEIDESCR[PT10ld p�A-�NING/DESIGN PREBID/BIODING CONSTRUCTION : _POST - :...FROGR,AM%' G4UMFSUMJW'
CONSTRUCIION ._GUlDANCE.
1 Expansion/reconfiguration $125,377 $141,046 $467,737 $69,126 $136,795 $940,081
of the passenger
screening checkpoint. Task Assignments 1, Task Assignments Task Assignments Task Assignments Task
2,4,5,6,7, 8,9 10, 11, 13-36 37-67 68-75 Assignments
76-79
2 Expansion/reconfiguration Included in 0 $277,652, 0 Included $277,652
of passenger holding Project 1 in Project
rooms
1
Task Assignments 1, Yas6k7Assignments Task
2,4,5,6, 7,8,9 Assignments
76-79
3 Explosive Detection $0
System (EDS)
modifications and
improvements.
4 Project $0
Management/Program
Guidance for ACIP
program.
6 Provide general $0
City of Palm Springs-P31n,Springs international Airport
Construction Management Services
Page 34 of 35
1S"
SCHED EX&.11ULE OF CON 110"PAP"ENSA:710N
--- ---------
PROJECT'
PROJEc PHASEI PHASEIV
HASE -PHASE
# �ITL�DEsCRIP-TION- HASEV , COMPENSATION
P G LUMPSUMj CONSTRUCTION POST (
,-"
CONSTRUCTION,
-- - GUIDANCE
construction Management
services for smaller
projects which may be
required by the Airport.
Typical projects may
include, but are not limited
to the following:
• Coordination of tenant
improvements;
• Construct-ability
analysis for buildings
located at the Airport;
• Review of plans and
specifications;
• Clarification on
associated Airport
construction issues.
TOTAL $1,217,733
Ci-ty of Palm Springs-Palm,Springs International Aupoll
Cons#-uctlon Manauement services
Page 35 of 35
EXHIBIT "D"
SCHEDULE OF PERFORMANCE
The services contemplated in this Agreement and assigned to the Construction Managerto 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.
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City of Palm Springs Intemational AGpot
Construction Management Services
Page 36 of 36
1* •
M E M O R A N D U M
TO: Richard Walsh
Director of Aviation
FROM: Kathie Hart
Chief Deputy City Clerk
DATE: March 1, 2005
SUBJECT: Parsons Transportation
A4998—Amended and Restated Agreement
cc: Jay Thompson, City Clerk
File
Attached are three (3) duplicate originals of the above referenced agreement. We have
retained the original our files.
Please feel free to contact me if there are any questions, ext. 8206,
/kdh
attach.
CONTRACT ABSTRACT
Contract
Company Name: Parsons Transportation Inc.
Company Contact: Ed Howard
Summary of Services: Amendment 1 (Amended & Retstated Contract)
Contract Price: $277,652.00
Funding Source: 415-6600-56062
Contract Term: 11/17/04 - 11/16/07
Contract Administration
Lead Department: Aviation
Contract Administrator: Barry Griffith
Contract Approvals
Council/ Community Redevelopment
Agency Approval Date: 2/16/05 - (2.K.)
Minute Order/ Resolution Number: MO 1�b�
Agreement No: A4998
Contract Compliance
Exhibits: Yes
Signatures: Yes
Insurance: Yes
Bonds: N/A
Contract prepared by: Barry Griffith
Submitted on: 2/23/05 By: Janet Buck
r -
Parsons Transportation, Inc
Construction Management Services
AGREEMENT#4998
CITY OF PALM SPRINGS MO 7586, 11-17-04
CONTRACT SERVICE AGREEMENT FOR
AIRPORT TERMINAL CONSTRUCTION MANAGER
THIS CONT CT SERVICES AGREEMENT (herein "Agreement"), is made and entered into this
� day of M( , 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 Scope of Services. In compliance with all terms and conditions of this Agreement, the
Construction Manager shall provide those services in connection with the Palm Springs International
Airport Terminal Expansion ("Project"), as specified in the"Scope of Services"attached hereto as Exhibit
"A" and incorporate herein by this reference, which services may be referred to herein as the "services"
or "work" hereunder. As a material inducement to the City entering into this Agreement, Construction
Manager represents and warrants that Construction Manager is experienced in performing the work and
services contemplated herein and,in light of such status and experience,Construction Manager covenants
that it shall follow the industry professional standards in performing the work and services required
hereunder.For purposes of this Agreement,the phrase"industry professional standards"shall mean those
standards of practice recognized by one or more first-class firms performing similar work under similar
circumstances.
1.2 Compliance with Law.All services rendered hereunder shall be provided in accordance with
all ordinances, resolutions, statutes, rules and regulations of the City and any Federal, ate or local
governmental agency having jurisdiction in effect at the time service is rendered.
1.3 Licenses, Permits, Fees and Assessments. Construction Manager shall obtain at its sole
cost and expense such licenses, permits and approvals as may be required by law for the performance
of the services required by this Agreement. Construction Manager shall have the sole obligation to pay for
any fees, assessments and taxes, plus applicable penalties and interest, which may be imposed by law
and arise from or are necessary for the Construction Manager's performance of the services required by
this Agreement, and shall indemnify,defend and hold harmless City against any such fees, assessments,
taxes, penalties or interest levied, assessed or imposed against City hereunder.
1.4 Familiarity with Work. By executing this Contract, Construction Manager warrants that
Construction Manager (a) has thoroughly investigated and considered the scope of services to be
performed, (b) has carefully considered how the services should be performed and (c)fully understands
the facilities,difficulties and restrictions attending performance of the services underthis Agreement. If the
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 City of such fact and shall not proceed except at Construction Manager's risk
until written instructions are received from the Contract Officer.
1.5 Care of Work. The Construction Manager shall adopt reasonable methods in furnishing
papers, documents, plans, studies and/or other components thereof to prevent losses or damages.
City of Palm Springs-Palm Springs International Airport
Construction Management Services Page I of 34
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1.6 Further Responsibilities of Parties.Both parties agree to use reasonable care and diligence
to perform their respective obligations under this Agreement. Both parties agree to act in good faith to
execute all instruments, prepare all documents and take all actions as may be.reasonably necessary to
carry out the purposes of this Agreement. Unless hereafter specified, neither 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
Officer to the Construction Manager,incorporating therein any adjustment in(i)the compensation provided
for at Section 2.1 below, and/or(ii)the time to perform this Agreement,which said adjustments are subject
to the written approval of the Construction Manager. Any increase in compensation of up to five percent
(5%)of the compensation described at Section 2.1 below or in the time to perform of up to one hundred
eighty(180)days may be approved by the Contract Officer.Any greater increases,taken either separately
or cumulatively must be approved by the City Council. It is expressly understood by Construction 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 Managershall be compensated in accordance with the"Schedule of Compensation"attached
hereto as 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.
City of Palm Springs-Patin Springs International Airport
Construction Management Services Page 2 of 34
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3.0 PERFORMANCE SCHEDULE
3.1 Time of Essence. Time is of the essence in the performance of this Agreement. In
executing this Agreement,the Construction Manager understands that construction of the various potential
projects as identified in Exhibit "A" are based on available funding and as such are independent of one
another. Construction Manager shall take appropriate actions to timely complete the tasks provided under
this Agreement and to influence other parties to timely perform, but Construction Manager is not a
guarantor of the timely performance by other parties.
3.2 Schedule of Performance. Construction Manager shall commence the services pursuant
to this Agreement upon receipt of a written notice to proceed on a project by project basis and shall
perform all services within the time period(s)established in the project specific"Notice to Proceed"and/or
"Schedule of Performance" attached hereto as Exhibit "D", if any, and incorporated herein by this
reference. When requested by the Construction Manager,extensions to the time period(s)specified in the
Schedule of Performance may be approved in writing by the Contract Officer.
3.3 Force Maleure. The time period(s) specified in the Schedule of Performance for
performance of the services rendered pursuant to this Agreement shall be extended because of any delays
due to unforeseeable causes beyond the control and without the fault or negligence of the Construction
Manager, including, but not restricted to, acts of God or of the public enemy, unusually severe weather,
fires, earthquakes, floods, epidemics, quarantine restrictions, riots, strikes, freight embargoes, wars,
litigation, and/or acts of any governmental agency, including the City, if the Construction Manager shall
within ten(10)days of the commencement of such delay notify the Contract Officer in writing of the causes
of the delay. The Contract Officer shall ascertain the facts and the extent of delay, and extend the time for
performing the services for the period of the enforced delay when and if in the judgment of the Contract
Officer such delay is justified. The Contract Officer's determination shall be final and conclusive upon the
parties to this Agreement. In no event shall Construction Manager be entitled to recover damages against
the City for any delay in the performance of this Agreement,however caused, Construction Manager's sole
remedy being extension of the Agreement pursuant to this Section, and recovery of actual costs incurred
by such delay. In no event will Construction Manager be entitled to recover consequential damages as a
result of such delay.
3.4 Term. Unless earlier terminated in accordance with Section 7.8 of this Agreement, this
Agreement shall continue in full force and effect as agreed to on a project by project basis; however, the
cumulative term shall not exceed three (3) years.
4.0 COORDINATION OF WORK
4.1 Representative of Construction Manaqer. The following employees of Construction
Manager are hereby designated as being the representative of Construction Manager authorized to act
in its behalf with respect to the work specified herein and make all decisions in connection therewith:
Henry'Ed' Howard
Program Manager
8991 Sidebrook Court
Las Vegas, NV 89129
Cellular 702/308-4779
702/639-4841
FAX 702/639-4842
henry,howard(d.Parsons.com
City of Palm Springs-Patin Springs International Airport
Construction Management Services Page 3 of 34
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 personas maybe designated by the
City Manager of City. It shall be the Construction Manager's responsibility to assure that the Contract
Officer is kept informed of the progress of the performance of the services and the Construction Manager
shall refer any decisions which must be made by City to the Contract Officer. Unless otherwise specified
herein, any approval of City required hereunder shall mean the approval of the Contract Officer. The
Contract Officershall have authority to sign all documents on behalf of the City required hereunderto carry
out the terms of this Agreement.
4.3 Prohibition Against Subcontractinq or Assignment.The experience, knowledge,capability
and reputation of Construction Manager, its principals and employees were a substantial inducement for
the City to enter into this Agreement. Therefore, Construction Manager shall not contract with any other
entity to perform in whole or in part the services required hereunder without the express written approval
of the City. In addition, neither this Agreement nor any interest herein may be transferred, assigned,
conveyed, hypothecated or encumbered voluntarily or by operation of law, whether for the benefit of
creditors or otherwise, without the prior written approval of City. In the event of any such unapproved
transfer,including any bankruptcy proceeding,this Agreement shall be subject to the provisions of Section
7.9 below. No approved transfer shall release the Construction Manager or any surety of Construction
Manager of any liability hereunder without the express consent of City.
The City's policy is to encourage the awarding of subcontracts to persons or entities with offices
located within the jurisdictional boundaries of the City of Palm Springs and, if none are available, to
persons or entities with offices located in the Coachella Valley. Construction Manager shall keep evidence
of such good faith efforts and copies of all contracts and subcontracts hereunder for the period specified
in Section 6.2.
4.4 Independent Construction Manaqer. 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:
City of Palm Springs-Palin Springs International Airport
Construction Management Services Page 4 of 34
(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)or equivalent
language.
(b)Worker's Compensation Insurance.A policy of worker's compensation insurance in an
amount which fully complies with the statutory requirements of the State of California and which includes
$1,000,000 employer's liability.
(c) Business Automobile Insurance. A policy of business automobile liability insurance
written on a per occurrence basis with a single limit liability in the amount of$1,000,000 bodily and property
damage. Said policy shall include coverage for owned, non-owned, leased and hired cars.
(d)Additional Insurance.Additional limits and coverages,which may include professional
liability insurance, will be specified in Exhibit'B".
All of the above policies of insurance shall be primary insurance and issued by companies whose
rating satisfies the requirements in Section 5.4 of this agreement. The insurer shall waive all rights of
subrogation and contribution it may have against the City, its officers, employees and agents, and their
respective insurers. In the event any of said policies of insurance are canceled,the Construction Manager
shall, prior to the cancellation date, submit new evidence of insurance in conformance with this Section
5.1 to the Contract Officer. No work or services under this Agreement shall commence until the
Construction Manager has provided the City with Certificates of Insurance, endorsements or appropriate
insurance binders evidencing the above insurance coverages and said Certificates of Insurance,
endorsements, or binders are approved by the City.
The Construction Manager agrees that the provisions of this Section 5.1 shall not be construed as
limiting in any way the extent to which the Construction Manager may be held responsible 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:
City of Palm Springs-Palm Springs International Airport
Construction Management Services Page 5 of 34
(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 party to 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 bythis Section 5 may be changed accordingly
upon receipt of written notice from the City Manager or designee. In the event of such an increase in the
required coverage, the City shall provide reasonable reimbursement to the Construction Manager for its
actual costs of any increased premiums.
6.0 REPORTS AND RECORDS
6.1 Reports.Construction Managershall periodically prepare and submitto the Contract Officer
such reports concerning the performance of the services required by this Agreement as the Contract
Officer shall require. Construction Manager hereby acknowledges that the City is greatly concerned about
the cost of work and services to be performed pursuant to this Agreement. For this reason, Construction
Manager agrees that if Construction Manager becomes aware of any facts, circumstances, techniques,
or events that may or will materially increase or decrease the cost of the work or services contemplated
herein or, if Construction Manager is providing design services, the cost of the project being designed,
Construction Manager shall promptly notify the Contract Officer of said fact, circumstance, technique or
event and the estimated increased or decreased cost related thereto and, if Construction Manager is
providing design services, the estimated increased or decreased cost estimate 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
City of Palm Springs-Palm Springs International Airpoil
Construction Management Services Page 6 of 34
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 Managerfor all damages resulting therefrom.Construction Manager may retain
copies of such documents for its own use. Construction Manager shall have an unrestricted right to use
the concepts embodied therein. All subcontractors shall provide for assignment to City any documents or
materials prepared by them, and in the event Construction Manager fails to secure such assignment,
Construction Manager shall indemnify City for all damages resulting therefrom.
6.4 Release of Documents. The drawings, specifications, reports, records, documents and
other materials prepared by Construction Manager in the performance of services under this Agreement
shall not be released publicly without the prior written approval of the Contract Officer.
7.0 ENFORCEMENT OF AGREEMENT
7.1 California Law. This Agreement shall be construed and interpreted both as to validity and
to performance of the parties in accordance with the laws of the State of California. Legal actions
concerning any dispute, claim or matter arising out of or in relation to this Agreement shall be instituted
in the Superior Court of the County of Riverside, State of California, or any other appropriate court in such
county. Construction Manager covenants and agrees to submit to the personal jurisdiction of such court
in the event of such action.
7.2 Disputes. In the event of any dispute arising under this Agreement,the injured party shall
notify the injuring party, in writing, of its contentions by submitting a claim therefor. The injured party shall
continue performing its obligations 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
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Construction Management Services Page 7 of 34
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 Riqhts and Remedies are Cumulative.Except with respect to rights and remedies expressly
declared to be exclusive in this Agreement, the rights and remedies of the parties are cumulative and the
exercise by either party of one or more of such rights or remedies shall not preclude the exercise by it, at
the same or different times, of any other rights or remedies for the same default or any other default by
the other party.
7.6 Legal Action. In addition to any other rights or remedies,either party may take legal action,
in law or in equity, to cure, correct or remedy any default, to recover damages for any default, to compel
specific performance of this Agreement, to obtain declaratory or injunctive relief, or to obtain any other
remedy consistent with the purposes of this Agreement.
7.7 Liquidated Damaqes. Since the determination of actual damages for any delay in
performance of this Agreement would be extremely difficult or impractical to determine in the event of a
breach of this Agreement,the Construction Manager and its sureties shall be liable for and shall pay to the
City liquidated damages as specified in the Schedule of Performance(Exhibit"C"). The City may withhold
from any monies payable on account of services performed by the Construction Manager any accrued
liquidated damages.
7.8 Termination Prior to Expiration Of Term. This Section shall govern any termination of this
Agreement except as specifically provided in the following Section for termination for cause. The City
reserves the right to terminate this Agreement at any time, with or without cause, upon thirty (30) days
written notice to Construction Manager,except that where termination is due to the fault ofthe Construction
Manager,the period of notice may be such shorter time as may be determined by the Contract Officer. In
addition, the Construction Manager reserves the right to terminate this Agreement at any time, with or
without cause, upon sixty(60)days written notice to City, except that where termination is due to the fault
of the City, the period of notice may be such 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 may be specifically approved by the Contract Officer. Except where the Construction
Manager has initiated termination, the Construction Manager shall be entitled to compensation for all
services rendered prior to the effective date of the notice of termination and for any services authorized
by the Contract Officer thereafter in accordance with the Schedule of Compensation or as may be
approved by the Contract Officer,except as provided in Section 7.3. In the event the Construction Manager
has initiated termination, the Construction Manager shall be entitled to compensation 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 Manaqer. If termination is due to the failure of the
Construction Manager to fulfill its obligations under this Agreement, City may, after compliance with the
City of Palm Springs-Patin Springs International Airport
Construction Management Services Page 8 of 34
r �
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 Emplovees. No officer or employee of the City shall be
personally liable to the Construction Manager, or any successor in interest, in the event of any default or
breach by the City or for any amount which may become due to the Construction Manager or to its
successor, or for breach of any obligation of the terms of this Agreement.
8.2 Conflict of Interest. No officer or employee of the City shall have any financial interest,
direct or indirect, in this Agreement nor shall any such officer or employee participate in any decision
relating to the Agreement which effects his financial interest or the financial interest of any corporation,
partnership or association in which he is directly or indirectly, interested in violation of any State statute
or regulation. The Construction Manager warrants that it has not paid or given and will not pay or give any
third party any money or other consideration for obtaining this Agreement.
8.3 Covenant Aqainst Discrimination. Construction Manager covenants that, by and for itself,
its heirs, executors, assigns, and all persons claiming under or through them, that there shall be no
discrimination against or segregation of, any person or group of persons on account of race, color, creed,
religion,sex,marital status,national origin,or ancestry in the performance of this Agreement.Construction
Manager shall take affirmative action to ensure that applicants are employed and that employees are
treated during employment without regard to their race, color, creed, religion, sex, marital status, national
origin, or ancestry.
9.0 MISCELLANEOUS PROVISIONS
9.1 Notice. Any notice, demand, request, document, consent, approval, or communication
either party desires or is required to give to the other party or any other person shall be in writing and either
served personally orsent 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 Palm Springs-Patin Springs International Airport
Construction Managemenf Services Page 9 of 34
f �
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 Authoritv.The persons executing this Agreement on behalf of the parties hereto
warrant that(i)such party is duly organized and existing, (ii)they are duly authorized to execute and deliver
this Agreement on behalf of said party, (iii) by so executing this Agreement, such party is formally bound
to the provisions of this Agreement,and(iv)the entering into this Agreement does not violate any provision
of any other Agreement to which said party is bound.
9.6 Responsibility for Construction Means and Methods. Construction Manager shall not be
responsible forconstruction means,methods,techniques,sequences,and procedures employed by Trade
Contractors in the performance of their Contracts, and shall not be responsible for the failure of any Trade
Contractor to carry out work or services for the Project in accordance with such Trade Contractor's contract
with City; provided, however, that should the Construction Manager discover any latent or unknown
conditions, which will materially affect the performance of the services hereunder, the Construction
Manager shall immediately inform the City of such fact and shall not proceed except at Construction
Manager's risk until written instructions are 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]
C:\Documents and Settings\janetb\Local SettingsUemp\Parsons_CM Agreement FINAL 11-03.2004.wpd
City of Palm Springs-Palm Springs International Alrpoit
Construction Management Services Page 10 of 34
11/24/2004 12:21 FAX 948 223 1180 ALESHIRE & WYNDER, LLP 16 003/003
IN WITNESS WHEREOF, the parties, have executed and entered into this Agreement as of the date first
written above.
CITY OF PAI M SPRINGS
ATTEST: a rlsunicipal corporation
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f-•n�fivz"•s`�City Clerk City Manager
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APPROVED A' "` ZIsd
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City Attorney
CONTRACTOR: Chock one:_Irxlividual_Pwinership_Corporation
Cerporafim6 regUir@ fwn netarized r•I(jnalUfO^:Ono front uaah Of Ilkl follownxd:A Chnirnlan of$ixird,PrmicJ(.nl,of any Viou Piveldvnl:AND B.
Secretary,Assistant Socretary,Trno`;uirr,(n;.;lstant Troisunrr,or Cnluf Pinanmid Officer).
signaluro(not3nzt?d) Signature(notnrizod)
Title: __, ,.,.._.._...... ..................... ......... 'I'ille',__ ....,.......,......__.
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State al I Siate,of f
County of e.t, County of-,
On-----...,.beorerne.......... ......
p e r s o n a l l y a p p e. a r 4l d p e r s n n a I I y a p p o a r it d
. _... ............... ...porsonillyknown -----....__..._.- ,..,,,.....r._.. ._.....Pornonlally known
In me(Ur proved to mrson tho�asi a of sari:tartnry prvidcsncr!) to me(or proved to me on the basis of,atisfictory,ovidrnr;n)
In he the person(s)whose name(s)i,/aro subscnbod to the to bo the pomon(s)whose names)is/aro subsci ibad to tha
within instrument acid acknowledged to mo that he/sholthey within inslrurnranl �,rld nckncrvdedded to me that helshe/they
executod the sanie in Isis/her/their authorized capscity(ios), exrcutod thP, ramu in his/hcrltheir authorized capacity(ies),
and that by his/hor/their Signmtur(i(s) oil the instrument the and that by hisAie Ytfsair rigrOluro(s) Oil the int;lrumenl the
person(s). or the entity upon hohalf of wttiblt the p(vsnn(c) person(s), or the ontity upon bohnlf of Mlk;h the persons)
acted,exucuted the instrument. acted,executod thi instrument.
WITNESS my hand and official sovil. WITNESS my hand end official Soil.
Nolwy Sign iwro..._-- _..., „ Notary SignatUro'
Notary Seal; Notat Seel:
IN WITNESS WHEREOF, the parties have executed and entered into 's Agreement as of the date first
written above.
CITY ALM SPRINGS
ATTEST: municipal corporation
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By: � BY Cis\�
City Clerk City Maro(4e \�
APPROVED AS TO FOR
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By: !
City, Att6gy
CONTRACTOR: Check one:—individual—Partnership X'Corporation
Corporations require two notarized signatures:One from each of the following:A Chairman of Board,Presider orany Vice President:AND B.
Secretary,Assistant Secretary,Treasurer,Assistant Treasurer,or Chief Financial 071 r). /
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By: 1!
Signature notarized) " I Signature hotarized
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Na e� � Name: 1 + K-2-C c�
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State of J -Stattrof�tj•h'IY-•�'�'1 �fs•'� i`�
County of R, �y@� ��5�`�iss C-attnty�o}' �s//as
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p e r s o n a l l y a p p e a r e d p e r s o n I y a p p e a r e d
personallyknown IC�rh,nA ( L zdc'I, personallyknown
to me(or proved to me on the basis of satisfactory evidence) to me(or proved to me on the Oasis 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 instrument
WITNESS my han�and ofri ' seal, WITNESS my hand and official seal.
A
Notary Signa re: .1 Notary Signature. ti.e4 G /
Notary Seal: P�, -„^'T�r o. -; Notary Seal: Ufl: OLYNP.WYNN
Notmy Public of District of cajun,bis
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My CommissionEnpires: c cry
f 1
EXHIBIT "A"
SCOPE OF SERVICES
I. BACKGROUND
A. The Contractor shall perform conventional,Construction Management(CM)services at the Palm
Springs International Airport as outlined in this agreement, unless otherwise amended.
B. This agreement shall not be considered an exclusive services agreement for any specific project
listed herein. Instead, each project 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 Engineerinq 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 forAIRPORT approval to be issued as part
of the Contract Documents for every subcontract and trade contract.
j. Commissioninq - 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.
City of Palm Springs-Padn Springs International Airport
Construction Management Services Page 12 of 34
EXHIBIT "A"
SCOPE OF SERVICES
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 by the AIRPORT. Obtain final approval before trade contracts are
awarded. Implement and enforce the program with respect to all of the work.
d. Trade Contractor Interfacing - Act as the single point of interface between the
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 Accountinq/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 Manaqement Information Reportinq 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 Fundinq - 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. Proiect Internet Site- Provide, host and maintain a project Internet site to locate all
schedules, drawings and project information.
City of Palm Springs-Palm Springs International Airport
Construction Management Services Page 13 of 34
EXHIBIT "A"
SCOPE OF SERVICES
4. The Contractor is expected to act on behalf of the Owner as a conventional professional
Construction Manager.
It. 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#,i FROJE#` TLE/DESCRIPTION p'
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).
City or Palm Springs-Palm Springs International Airport
Construction Management Services Page 14 of 34
EXHIBIT "A"
SCOPE OF SERVICES
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
ly TASK v TITLSIDESCRIPTION
A581GNMENT'.
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
scheduleand budgetgoals of the Project,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 Management plan
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 Project budget monthlyas 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 11-Pre-Bid/Bidding
�+ , M " DTLE(DESCRIPTIONAI
>
`ASSIGNME,(Jh`. r "'i . ... t
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 Project Budqet-To assistthe Project,Construction Managershall 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 cost for required services at the site.Construction Manager shall reviewthe 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.
City of Palm Springs-Palm Springs International Airport
Construction Management Services Page 15 of 34
EXHIBIT "A"
SCOPE OF SERVICES
T,iA'SK i i Tb'YLE/AESQRI@TION ,
'ASOG.,��ENT" u ., . . a .
13 Cost Manaqement 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 Manaqement 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
Architect for design adjustments to the documents in an effort to maintain the project budget.
17 Conditions of Construction-Construction Manager shall 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 Manaqement of Biddinq Process - Construction Manager shall assist the AIRPORT in the
overall bidding process. The four proposed steps are as follows:
Biddinq 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 Bidder Interest:Construction Manager shall 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 Manager shall coordinate and expedite the preparation and delivery
of Bid Documents and addenda to the bidders that may include:
• Prepare summaries, scope of work Bid Packages
• Arrange to secure documents from Architect(s)
• Arrange for printing, binding, and wrapping
• Arrange for delivery to bidders
• Follow up calls to bidders
City of Palm Springs-Pa6n Springs International Airport
Construction Management Services Page 16 of 34
EXHIBIT "A"
SCOPE OF SERVICES
I y''� 7ASK ti�d iafr'µ, 1 " rup r j�TLE�I�F�SCR0�T10N it I Ss' u „ .. i
Lus w { ryi I.ii d^'IY, S i
19 Pre-Bid Conference(s) - Inl 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,evaluation of the bids for completeness,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 Contract(s)- 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 assist the Owner's Representative and Citys 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 serninarfor local trade contractors concerning the project and 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.
City of Palm Springs-Palm Springs International Anport
Construction Management Services Page 17 of 34
EXHIBIT "A"
SCOPE OF SERVICES
1 T ASK'" , TITLF/DESCRI�'
, XIS�IGNM!•NT * � :rs� r . . �: ' ir'M,a"'�"A ''^
35 Public Relations Activities-Construction Managershall assist the City and Architect in public
relations activities including preparation of the Project information and attendance at internal
and public meetings, as required, including the site meetings and City Committee meetings
as required by the City.
36 Federal Requirements-Construction Manager shall include and reviewfor proper language,
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
TITLE/DE$CRIPTION
1,111
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 Manager shall provide responsible reporting and documentation that starts prior
to the Construction Managers' preconstruction conference, site construction services
(general conditions items including supervision and administration of the Project),conducting
construction progress meetings,providing progress reports,processing contractor's requests
for information(RFI's),reviewing and recommending the approval or disapproval of change
orders and payments to the contractor, maintaining record keeping to assist the AIRPORT
in negotiations, mediation or arbitration of claims or disputes.
39 Preconstruction Conference(s)-Construction Manager shall conduct,in conjunction with 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 prior to the commencement of actual construction.
40 Contract Administration - Construction Manager shall administer the trade contracts as
provided in the General Conditions of the trade contractors for construction.
41 Submittal Procedures-Construction Manager shall establish and implement procedures for
submittals,change orders,payment requests and other procedures;and maintain logs,files,
and other necessary documentation.
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 Testinq-ConstructionManagerwillcoordinatewith
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.
City of Palm Springs-Palm Springs International All
Construction Management Services Page 18 of 34
EXHIBIT "A"
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TASK ,?� IS` i ti r -i� ar a TITLE/DES,CRIP ,O�I, � ' h +� x
ASSIGNMEN,�T
44 Construction Observation-Construction Manager shall observe the progress of the work and
advise the City any deviations defects or deficiencies observed in the work.Construction
Y
Manager's observation duties shall include reasonable diligence to discover work that is not
in compliance with the Contract Documents. These observations will not, however, cause
Construction Manager to be responsible for those duties and responsibilities that belong to
the Architect, the City inspector or the trade contractors.These include, but are not limited
to,the 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-Conforminq Work- Construction Manager shall, in conjunction with the Architect and
inspector,review trade contractor's recommendations for corrective action on observed non-
conforming work.Construction Manager shall make recommendations to the AIRPORT,the
Architect, and inspector in instances where it observes work that, in its opinion, is defective
or not in conformance with the Contract Documents.
46 Exercise of Contract Prerogatives-When appropriate, Construction Manager shall advise
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 due to trade contractors',withholding payment for cause and
other prerogatives when required in an effort to achieve contract compliance.
47 Master Construction Schedule-Construction Manager shall continue to update and maintain
the Master 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 OrderCosts 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 Manager shall perform a preliminary review, if appropriate.After an evaluation
of the actual progress as observed by Construction Manager, scheduled activities can be
assigned percentage-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.
City of Palm Springs-Palin Springs International Airport
Construction Management Services Page 19 of 34
EXHIBIT "A"
SCOPE OF SERVICES
TASK "' iiF *LE/DESCRtPTII— ION
53 Recovery Schedule: If requested by the AIRPORT Construction vManag
er 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 Analvsis: If requested by the AIRPORT, Construction Manager shall analyze the
claims for extension of time and shall prepare an impact evaluation report that can reflect the
actual impact to the schedule. The report can also provide a narrative including a
recommendation for action to the City.
55 Evaluate Claim Cost: If requested by the 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 of the claim cause.These estimates
can be transmitted to the City and can be used in claim rulings and negotiations.
56 Trade Contractor Claims Neqotiations: 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 of 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 City which 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 Monitor contract compliance with all trade contractors.Non-compliance shall be reported to
Owner's Representative at weekly construction meetings with proposed corrective action.
64 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 of Patin Springs-Palm Springs International Airpoi4
Construction Management Services Page 20 of 34
EXHIBIT "A"
SCOPE OF SERVICES
F r vrM M h wwl nc} s. d �u�y 1r e r .1. ro n
T
65 Implement and document aNquality 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
]'ASK DTIPOESCRIPTION
ASS/GM{1EN-T i i i
68 Occupancv 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 in final
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
�GaT
r ir il'�' , Tl_ &DESCRTIOASK N
ASSvMN
'
76 ProjectManagementInformationReportingSVstem-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".
77 Disadvantaged Business Enterprise(DBE)Program-Complywith the terms of City of Palm
Springs regarding DBE program requirements.
78 Airport Fundinq - 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.
City of Palm Springs-Patin Springs International Airport
Construction Management Services Page 21 of 34
EXHIBIT "A"
SCOPE OF SERVICES
r
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# �i 11,
ASSUMPiTIONS/CLAR/F/CATicks
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 AIRPORT.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 closeout is estimated at 15 months. 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.
City of Palm Springs-Palm Springs International Airport
Construction Management Services Page 22 of 34
EXHIBIT ' '
SCOPE OF SERVICES
� ' �' ' ,,"T,enf' ., .,,.. .J
Request For Construction Manager assumes design related RFI's will be submitted to the A/E
Information (RFI's) 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 copy format.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.
ContractorNendor It is assumed that design related submittal packages are to be submitted to the AE
Submittal Reviews 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 for the 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 staff mobility(Construction Manager personnel)—each full time assigned field
construction supervisor and inspector will provide their own 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 Managerwill assistAIRPORT staff to ensure contractors fully comply
Compliance with contract requirements regarding scheduling, submittals, supervision, and
provisions provided for use by CM consultant.
Non-Conformance Construction Manger staffing levels are based on initial construction efforts being
in conformance with contract requirements.
Quality Control (QC) QC inspection and testing results generated,as required byconstruction contractos
Program are not part of this agreement.The Quality Assurance(QA)effort bythe CM will be
structured to periodically verify the QC results, as well as to validate the quality
process. This QA role will utilize side-by-side and independent tests and
observations, as well as performance audits to ensure a quality product.
City of Palm Springs-Pahn Springs International Airport
Construction Management Services Page 23 of 34
EXHIBIT "B"
SPECIAL REQUIREMENTS
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(o),,ci.paIm-springs.ca.us
Section 5.1 No special insurance is required as set forth by Section 5.1(d).
Section 5.5 Builder's Risk Insurance.The City shall procure and maintain,at its sole cost and expense,
a Builder's Risk Insurance Policy written on a per occurrence basis in an amount of$5,000,000 atjobsite,
excluding coverage for earthquake and flood damages. The Builder's Risk Insurance Policy shall name
the Construction Manager as an additional insured. In executing this Agreement,the City expressly agrees
to waive any and all subrogation claims against Construction Manager for any and all items covered within
said Builder's Risk insurance policy; provided, however,that nothing herein shall be construed as a waiver
of any and all of the terms and conditions of insurance policies other than the Builder's Risk Policy, as set
forth in Section 5.0 of the Agreement.
I. TITLE VI ASSURANCES
A. During the performance of this agreement, the Construction Manager, for itself, its assignees
and successors in interest agrees as follows:
1. Compliance with Regulations.The Construction Managershall complywith the regulations
relative to nondiscrimination in Federally assisted programs of the Department of
Transportation (hereinafter"DOT")Title49, 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, Includinq Procurement of Materials and Equipment. In all
solicitations either by competitive bidding or negotiation made by the Construction
Manager for 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.
City of Palm Springs-Palm Springs International Airport
Construction Management Services Page 24 of 34
EXHIBIT "B"
SPECIAL REQUIREMENTS
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 Cityor the Federal Aviation Administration(FAA)to be pertinent
to ascertain compliance with such Regulations, orders, and instructions. Where any
information required of a contractor is in the exclusive possession of another who fails or
refuses to furnish this information,the Construction Manager shall so certify to the City or
the FAA, as appropriate, and shall set forth what efforts it has made to obtain the
information.
5. Sanctions for Noncompliance. In the event of the 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.
II. MINORITY BUSINESS ENTERPRISE (MBE) AND DISADVANTAGED BUSINESS ENTERPRISE
(DBE) ASSURANCES
A. It is the policy of the Department of Transportation (DOT)that minority business enterprises as
defined in 49 CFR Part 26 shall have the maximum opportunity to 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
compete forand 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.
C. The contractor, sub-recipient or subcontractor shall not discriminate on the basis of race, color,
nation, origin, or sex in the performance of this contract. The contractor shall carry out
applicable requirements of 49 CFR Part 26 in the award and administration of DOT-FAA-AIP
assisted contracts. Failure by the contractor to carry out these requirements is a material
breach of this contract,which may result in the termination of this contract or such other remedy
as City deems appropriate.
D. The prime contractor agrees to pay each subcontractor underthis prime contract for satisfactory
performance of its contract not later than ten (10) days from the receipt of each payment the
prime contractor receives from the City. The prime contractor agrees further withing seven (7)
days from the time that all or any portion of the retention proceeds are received by the prime
contractor, the prime contractor shall pay each of its subcontractors from whom retention has
been withheld,each subcontractor's share of the retention received. Any delay or postponement
of payment from the above referenced time frame may occur only for good cause following
written approval of the City. This clause applies to both DBE and non-DBE subcontractors. The
prime contractor shall comply with all prompt payment provisions of the California Public
Contract Code, including but not limited to Sections 10262 and 7107.
City of Palm Springs-Palm Springs International Airport
Construction Management Services Page 25 of 34
EXHIBIT "B"
SPECIAL REQUIREMENTS
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.
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
City of Palm Springs-Pairn Springs international Airport
Construction Management Services Page 26 of 34
EXHIBIT ` B"
SPECIAL REQUIREMENTS
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.
F. Vehicles to be utilized by the Construction Manager and associated sub-consultants that require
access to certain secured areas of the Airport are required to have conspicuously posted on said
vehicle a vehicle permit issued by the City. This vehicle permit shall hold the Construction
Manager responsible for both the vehicle and all personnel within the vehicle while the vehicle
is on airport property. All vehicles in full view, and at all times, a 3 foot by 3 foot flag with 1 foot
checks of international orange and white. During 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/or an employment history verification.
2. Each of the Contractor's employees will be required to successfully complete a Criminal
History Records Check (CHRC) in accordance with 49 CFR Part 1542. Employment
history verification records and/or CHRC results must be made available to the AIRPORT,
the Transportation Security Administration (TSA) and/or Federal Aviation Administration
(FAA) immediately upon request.
a. Under certain circumstances, and out of control of the AIRPORT,security measures
may change on short notice. No deviations from any security measure shall be
allowed at any 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
City of Palm Springs-Palm Springs International Airport
Construction Management Services Page 27 of 34
EXHIBIT "B"
SPECIAL REQUIREMENTS
CFR 49 1542.209, the CHRC must disclose that the applicant has not been convicted, or
found not guilty by reason of insanity, of any of the disqualifying crimes listed below or as
stated in 49 CFR 1542.209, during the 10 years before the date of the individual's
application for unescorted access authority,or while the individual has unescorted access
authority. The disqualifying criminal offenses are as follows:
a. Forgery of certificates, false marking of aircraft, and other aircraft registration
violation; 49 U.S.C. 46306.
b. Interference with air navigation; 49 U.S.C. 46308.
C. Improper transportation of a hazardous material; 49 U.S.C. 46312.
d. Aircraft piracy; 49 U.S.C. 46502.
e. Interference with flight crew members or flight attendants; 49 U.S.C. 46504,
f. Commission of certain crimes aboard aircraft in flight; 49 U.S.C. 46506.
g. Carrying a weapon or explosive aboard aircraft; 49 U.S.C. 46505.
h. Conveying false information and threats; 49 U.S.C. 46507.
I. Aircraft piracy outside the special aircraft jurisdiction of the United States;49 U.S.C.
46502(b).
j. Lighting violations involving transporting controlled substances; 49 U.S.C. 46315.
k. Unlawful entry into an aircraft or airport area that serves air carriers or foreign air
carriers contrary to established security requirements; 49 U.S.C. 46314,
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) Regal 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. Conspiracy or attempt to commit any of the criminal acts listed in this paragraph (d).
City of Palm Springs-Pahn Springs International Airport
Construction Management Services Page 28 of 34
EXHIBIT "B"
SPECIAL REQUIREMENTS
4. The AIRPORT utilizes an electronic fingerprint machine,which will be utilized for the 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.
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.
City of Palm Springs-Palm Springs International Airport
Construction Management Services Page 29 of 34
EXHIBIT "C"
SCHEDULE OF COMPENSATION
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 or unnecessary
for the performance of the services herein.
II. 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 rates for each applicable employee classification
on a project by project basis as noted in this agreement, unless amended. Invoices will clearly show
percent of work completed under assigned task per funds expended under assigned task. 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.
Crty of Palm Springs-Palm Springs International Airport
Construction Management Services Page 30 of 34
EXHIBIT "C"
SCHEDULE OF COMPENSATION
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.
MY at Palm Springs-Palrn Springs International Airport
Construction Management Services Page 31 of 34
EXHIBIT "C„
SCHEDULE OF COMPENSATION
TABLE C-1 - PROJECT SPECIFIC COMPENSATION
PROJECT _ PROJEF.T T?LE/DESCRIPTION.` PHASE l PHASE lY PHASE ll/ PHASE-IV P_RASE I/ --- COMPENSATION
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
City of Palm Springs-Palm Springs International Airport
Construction Management Services
Page 32 of 34
EXHIBIT "C"
SCHEDULE OF COMPENSATION
OJECT PHOJE&T TlTLE/DESCRIPTION- PHASE I - PHASE II PHASE III PHASE IV PHASE V 1� COMf+E%JSAT/O_N
PR L
6 Provide general construction
)
— tion
management services for smaller $0
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
City of Palm Springs-Palm Springs International Airport
Construction Management Services
Page 33 of 34
SCHEDULE "D"
SCHEDULE OF PERFORMANCE
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# r PROJECT TITLEIDESCRIPTION #OF CA'OF DAYS TO
COMPLETE(FROM NOTICE TO
PROCEED DATE) '
1 Expansion/reconfiguration of the passenger screening
checkpoint
Phase I -Design/Planning 90
Phase If - 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 II - Pre-Bid/Bidding
Phase III-Construction
Phase IV-Post Construction
Phase V- Program Guidance 270
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.
City of Palm Springs-Palm Springs International Airport
Construction Management Services Page 34 of 34
.�►+�+r�Et1b. CERTIFICATE OF INSURANCE DATE 1/0 812 0 0 4
11/OS/2004
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 INSURER A: National Union Fire Insurance Co. of Pittsburgh, PA
Parsons Transportation Group, Inc.
1133 15th Street, N.W„ 8th Floor INSURERS. 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,
GO TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE POLICY EXPIRATION LIMITS(IN THOUSANDS)
LTR DATE IMMIDD/YYI DATE IMMIODryY
A GENERAL LIABILITY GL933298OPS 01/01/2004 01/01/2005 GENERAL AGGREGATE § 3,000
0 COMMERCIAL GENERAL LIABILITY
PRODUCTS-COMP/OP AGG §
❑ CLAIMSMADEI] OCCURRENCE
PERSONALb ADV INJURY IS
OWNER88 CONTRACTOR'S PROT
❑ EACH OCCURRENCE § 3,000
❑ FIRE DAMAGE(Any One Fire) It
MED EXP(Any One Person) $
AUTOMOBILE LIABILITY CA8261603-AIDS 01/01/2004 01/01/2005
A COMBINED SINGLE LIMIT § 1,000
ANY AUTO
O ALL OWNED AUTOS CA8261604-TX BODILYINJURY
O SCHEDULEDAUTPS (Perpersan) $
Q HIRED AUTOS CAS261605-MA BODILY INJURY
O NON-OWNED AUTOS (Peraccident) $
❑ CA8261606-VA
❑ PROPERTY DAMAGE $
GARAGE UABILITY AUTO ONLY-EA ACCIDENT $
❑ANY AUTO OTHER THAN AUTO ONLY: _
❑ EACH ACCIDENT $ VI
❑ AGGGREGATE $
EXCESS LIABILITY EACH OCCURRENCE $
❑UMBRELLA FORM AGGREGATE It
OTHER THAN UMBRELLA FORM $
B WORKERS'COMPENSATION AND WC6436138-AIDS 01/01/2004 01/01/2005 U Wc STATUITS OTHER _
EMPLOYERS'LIABILITY
THE PROPRIETOR/ E.L.EACH ACCIDENT $ 1,000
PARTNERS/EXECUTIVE O Included WC6436137-CA EL DISEASE-POLICY LIMIT $ 1,000
OFFICERS ARE: ❑ Excluded EL DISEASE-EA EMPLOYEE $ 1,000
OTHER
DESCRIPTION OF OPERATIONSILOCATIONSNEHICLESIRESTRICTIONSISPECIAL ITEMS PTRANSGRP 640 9893
Re:Contract service agreement For Palm Springs Airport Terminal Construction Manager. See attached additional insured,primary,Contractual liability and waiver of subrogation
Causes.
HOLDER CERTIFIC CANC'ELLAT'ION,:I
ATE
Cityof Palm Springs " SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE
THEREOF,THE ISSUING COMPANY WILL ENDEAVOR TO MAIL 30 DAYS WRITTEN NOTICE TO THE
3200 Tahquitz Canyon Way J CERTIFICATE HOLDER NAMED TO THE LEFT,BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO
Palm Springs,CA 92262 L. OBLIGATION OR LIABILITY OF ANY KIND UPON THE COMPANY,ITS AGENNTTSS OR REPRESENTATIVES.
AUTHORIZBD REPRESENTATIVE
ACO_RD'2 5 S(119 ) .�:'GACORD CORPORATION'1988
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