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HomeMy WebLinkAbout7/21/2004 - STAFF REPORTS (6) DATE: July 21, 2004 TO: City Council FROM: Director of Aviation SECURITY ACCESS CONTROL AND PUBLIC INFORMATION DISPLAY SYSTEMS RECOMMENDATION: It is recommended that the City Council award a contract for City Project#2003-17, AIP Project No 3-06-0181-37, Security Access Control System (SACS) and Public Information Display System(PIDS)to Antar-Com/Systems Integration, Inc in the amount of $2,496,500, subject to receipt of federal funding and approval of the award by the Federal Aviation Administration (FAA). SUMMARY: This action will replace the existing SACS, which is a computerized, electronic system for controlling access to the secured areas of the Airport and is required by federal regulation. The existing Public Information Display System (PIDS),which will be utilized to provide security and other traveling information to the general public will also be replaced. This project will be funded by a pending Airport Improvement Program (AIP) grant from the Federal Aviation Administration (FAA). BACKGROUND: The airport's Security Access Control System (SACS) was originally installed in 1992- 1993 as part of Airport Improvement Project (AIP) 12 in accordance with Federal Aviation Regulation (FAR) Part 107. The original provider of the system, LINX Technologies, Inc. was purchased by Mosler, Inc. in 1994. The operating software and portions of the field hardware were upgraded in 1999 as part of the construction for the Sonny Bono concourse, with funds provided by AIP 26. In 2001, Mosler, Inc declared bankruptcy and as such, technical support and replacement parts have been non-existent since that time. Fortunately, the Airport had a supply of spare parts and has been able to obtain technical support, as required from former Mosler employees who are now employed by other companies within the access control industry. Without this technical support and spare parts, staff has been working with the FAA to obtain the necessary funds for the replacement of the system. Since the events of September 11`h and the creation of the Transportation Security Administration (TSA), new standards for SACS have been issued and as such, have been incorporated into the design of the proposed system. These new requirements deal with the types of technology regarding storage and transfer of data, enhanced biometric type devices as well as othertechnical requirements.Additionally,there are new requirements regarding the disclosure of this type of information, which is considered "Sensitive Security Information", or SSI and is governed by Code of Federal Regulations (CFR) Part 1520. The Public Information Display System (PIDS) involves visual display of security information, such as the Homeland Security Advisory System (HSAS), flight information and American with Disabilities Act (ADA) requirements. The existing system was originally installed in 1994 and was upgraded and expanded in 1999 as part of the Sonny Bono Concourse construction. Since thattime,the technology available for these Security Access Control and Public Information Display Systems July 21, 2004 Page 2 type of systems has undergone significant changes which reflect the overall growth and changes to the electronics industry. Also, the vendor who originally installed the system is no longer in business, thus technical support and replacement parts are no longer available. The project specifications require the successful bidder to provide five (5) years of after warranty maintenance service and support. Plans and specifications for this project were adopted by the City Council on April 7, 2004. Due to the technical nature of this project, a two-step bidding process was utilized in cooperation with the Department of Procurement & Contracting. Bids were received at 2:00 p.m. on June 25, 2004 from four (4) pre-qualified firms: BEC,INC BENSON SYSTEMS METRO ANTAR- VIDEO/PREMIER COM/SYSTEMS SECURITY INTEGRATION Bid Schedule "A" $3,335,900 $2,499,535 $3,829,108 $2,496,500 (SACS & PIDS) Bid Schedule"B" $2,850,000 $1,371,050 $2,906,996 $1,490,700 (SACS only) Bid Schedule "C" $920,000 $1,164,594 $1,186,980 $1,049,000 (PIDS only) The Disadvantaged Business Enterprise (DBE) goal for this project was 0%. After reviewing all of the bids and the DBE (Disadvantaged Business Enterprise) commitment, the lowest responsive, responsible bidder is Systems Integration, Inc. at a bid price of$2,499,535 for Bid Schedule "A" and a DBE commitment of 0.0%. The engineer's estimate for the entire project was approximately $3,000,000. The Airport's Division of the FAA have recently adopted new procedures for the processing of AIP projects. One of these new requirements is that the funding be based on an actual bid, not an estimate. Staff is working with the FAA to obtain the necessary funds, but has provided the amount for Bid Schedule "A" to them for approval. This item was discussed by the Airport Commission at it's regularly scheduled meeting of July 7, 2004, which recommend it's approval. MM. Security Access Control and Public Information Display Systems July 21, 2004 Page 3 Attached is a Minute Order for City Council consideration, which awards the contract to Antar-Com/System Integration, Inc, subject to the receipt of funds from the FAA. RICHARb-s-WALSH, Director of Aviation pug APPROVED ..ty Mana er Attachments: 1. Minute Order N.\WordPerfect\City_Council\Engineering_Construction\SACS_PIDS Award 7-21-2004.wpd CONTRACT AGREEMENT PALM SPRINGS INTERNATIONAL AIRPORT FAA AIP PROJECT NO. 3-06-0181-36, -37 CITY PROJECT NO. 2003-17 SECURITY ACCESS CONTROL AND PUBLIC INFORMATION DISPLAY SYSTEMS REHABILITATION THIS AGREEMENT,made and entered into this day of , 2004 by and between the City of Palm Springs, California, Party of the First Part, and Antar-Corn/Systems Integration, Inc, Contractor,Party of the Second Part. WITNESSETH: Article 1. For and in consideration of the payments and agreements hereinafter mentioned, to be made and performed by the said Party of the First Part, and under the conditions expressed in the bonds bearing even date to these presents and hereunto annexed, said Party of the Second Part agrees with said party of the First Part, at his or her own proper cost and expense, to do all the work and furnish all materials, except such as are mentioned in the specifications to be furnished by said Party of the First Part, necessary to complete in good workmanlike and sub- stantial manner all of the work for: Improvements to Palm Springs International Airport, FAA AIP Project No. 3- 06-0181-36, -37 City Project No. 2003-17, in accordance with the drawings, proposal, description of work, and special provisions therefor, and also in accordance with the technical specifications for this project, at the first pub- lication of the I3rvitation for Bids, and all other codes and ordinances referred to and thereby made a part hereof. The limits and location of said work to be done is shown upon the City of Palm Springs Drawings entitled Improvements to Palm Springs International Airport, FAA AIP Project No. 3-06-0181-36, -37, City Project No. 2003-17, consisting of numbered sheets which said sheets are hereby made a part of this Agreement Article 2. Said Party of the Second Part is responsible for famishing all said materials and labor, famishing and removing all plants, temporary work or structures, tools and equipment, and doing all the work contemplated and embraced in this Agreement; also, for all loss and damage arising out of the nature of the work aforesaid, or from the action of the elements or from any unforeseen difficulties which may arise or be encountered in the prosecution of the work until its acceptance by the City, and for all risks of every description connected with the work, also, for all expense incurred by or in consequence of the suspension or discontinuance of work except such as, in the said specifications, are expressly stipulated to be borne by the City, and for well and faithfully completing the work and whole thereof, in the manner shown and described in the said drawings and specifications and in accordance with the requirements of the Engineer. The City shall pay and the Contractor shall receive in full compensation therefor,the prices for the several items named in the bidding sheet of the proposal. Article 3. The said Party of the First Part hereby promises and agrees with the said Contractor to employ and does hereby employ the said Contractor to provide the materials and do the work according to the terms and conditions herein contained and referred to for the unit prices bid, and hereby contracts to pay the same at the time, in the manner, and upon the conditions above set forth; and the said Parties for themselves, their heirs, executors, administrators, successors and assigns, do hereby agree to the fidl performance of the covenants herein contained Article 4. A. Contract Documents: The Contract Documents consist of: Notice Inviting Bids, Instructions to Bidders and the Federal Supplementary Instructions; the prevailing rate of per them wages as determined by the Director of the Department of Industrial Relations; Federal Wage Rates of the U.S. Dept. of Labor; the accepted Bid Schedule, the Schedule of Values or cost-loaded CPM schedule on lump-sum projects, Equipment or Material Proposed(when required); Bidder's General Information;Bid Security or Bid Bond; Affirmative Action, Minority Business Enterprise, and Equal Employment Opportunity ity Certificates; this 1 �h Agreement; Worker's Compensation Certificate; Performance Bond; Payment Bond; Statement of DBE/WBE Participation; Certificate of Non-Segregated Facilities; Notice of Award; Notice to Proceed; Notice of Completion; General Conditions of the Contract; Supplementary General Conditions of the Contract; Technical Specifications; Drawings listed in The Schedule of Drawings in the Supplementary General Conditions or in the Index on the Cover Sheet of the Drawings; inclusive; and all Change Orders and Work Directive Changes which may be delivered or issued after the Effective Date of the Agreement and are not attached hereto. B. Order of Precedence of Contract Documents: 1. In resolving disputes resulting from conflicts, errors, or discrepancies in any of the Contract Documents,the order of precedence shall be as follows: a. Change Orders or Work Directive Changes b. Agreement C. Federal Requirements d. Addenda C. Contractor's Bid(Bid Forms) f. Supplementary General Conditions g. Notice Inviting Bids h. Instructions to Bidders i. General Conditions of the Contract I. Technical Specifications k. Referenced Standard Specifications 1. Contract Drawings M. Referenced Standard Drawings. 2. With reference to the Drawings the order of precedence shall be as follows: a. Figures govern over scaled dimensions b. Detail drawings govern over general drawings C. Addenda or Change Order drawings govern over Contract Drawings d. Contact Drawings govern over standard drawings e. Contract Drawings govern over shop drawings Article 5. Contract Clauses and Requirements for Construction Contracts. A. General and Labor Clauses for All Construction Contracts and Subcontracts. 1. Airport Improvement Program Project. The work in this contract is included in Airport Improvement Program Project No. 3-06-0181-xx which is being undertaken and accomplished by the Sponsor in accordance with the terns and conditions of a grant agreement between the Sponsor and the United States under the Airport and Airway Safety, Capacity, Noise Improvement, and Intermodal Transportation Act of 1992, as amended, pursuant to which the United States has agreed to pay a certain percentage of the costs of the project that are determined to be allowable project costs under the Act. The United States is not a party to this contract and no reference in this contract to the FAA or any representative thereof, or to any rights granted to the FAA or any representative thereof, or the United States,by the contract, makes the United States a party to this contract. 2. Consent to Assignment. The Contractor shall obtain the prior written consent of the Sponsor to any proposed assignment of any interest in or part of this contact. 3. Convict Labor. No convict labor shall be employed under this contract. 4. Veterans' Preference. In the employment of labor (except in executive, adinnistrative, and supervisory positrons), preference shall be given to qualified individuals who have served in the 2 �.F military service of the United States [as defined in Section 101 (1) of the Soldiers' and Sailors' Civil Relief Act of 1940, as amended, 50 App. U.S.C. 511 (1)) and have been honorably discharged from the service,except that preference may be given only where that labor is available locally and the individual is qualified to perform the work to which the employment relates 5. Withholding, Sponsor from Contractor. Whether or not payments or advances to the Sponsor are withheld or suspended by the FAA, the Sponsor may withhold or cause to be withheld from the Contractor so much of the accrued payments or advances as may be considered necessary to pay laborers and mechanics employed by the Contractor or any subcontractor on the work the full amount of wages required by this contract. 6. Nonpayment of Wages. If the Contractor or any subcontractor fads to pay any laborer or mechanic employed or working on the site of the work any of the wages required by this contact, the Sponsor may, after written notice to the Contactor, take such action as may be necessary to cause the suspension of any further payment or advance of funds until the violations cease. 7. FAA Inspection and Review. The Contactor shall allow any authorized representative of the FAA to inspect and review any work or materials used in the performance of this contract. 8. Subcontracts. The Contractor shall insert in each of his subcontracts the provisions contained in paragraphs 1, 3, 4, 5, 6, and 7 of this section and also a clause requiring the subcontractors to include these provisions in any lower tier subcontracts which they may enter into, together with a clause requiring this insertion in any further subcontracts that may in turn be made. 9. Contact Termination. A breach of paragraphs 6, 7 and/or 8 may be grounds for termination of the contact. B. Miscellaneous Clause Requirements for All Construction Contacts and Subcontracts Unless Otherwise Indicated. During the performance of this contract, the Contactor, for itself, its assignees and successors in interest(hereinafter referred to as the "Contactor")agrees as follows: 1. Compliance with Regulations. The Contractor shall comply with the Regulations relative to nondiscrimination in federally assisted programs of the Department of Transportation (Title 49, Code of Federal Regulations, Part 21), as they may be amended from time to time, (hereinafter referred to as the Regulations), which are incorporated by reference and made a part of this contract. 2. Nondiscrimination. The Contractor, with regard to the work performed by it during the contract, shall not discriminate on the grounds of race, sex, age, color, or national origin in the selection and retention of subcontractors, including procurements of materials and leases of equipment. The Contractor shall not participate either directly or indirectly in the discrimination prohibited by Section 21.5 of the Regulations, including employment practices when the contract covers a program set forth in Appendix B of the Regulations. 3. Solicitations for Subcontractors Including Procurements of Materials and Equipment In all solicitations either by competitive bidding or negotiation made by the Contractor for work to be performed under a subcontract, including procurements of materials or leases of equipment, each potential subcontractor or supplier shall be notified by the Contractor of the Contractor's obligations under this contact and the Regulations relative to nondiscrimination on the grounds of race, sex, age, color,or national origin. 4. Information and Reports. The Contactor shall provide all information and reports required by the Regulations or directive issued pursuant thereto, and shall permit access to its books, records, accounts, other sources of information and its facilities as may be determined by the Sponsor or 3 , ` the 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 Contractor shall so certify to the Sponsor or the FAA as appropriate, and shall set forth what efforts it has made to obtain the information. 5. Sanctions for Noncompliance. In The event of the Contractor's noncompliance with the nondiscrimination provisions of this contract, the Sponsor shall impose such contract sanctions as it or the FAA may determine to be appropriate, including,but not limited to: a. Withholding of payments to the Contractor under the contract until the Contractor complies, and/or b. Cancellation,termination or suspension of the contract, in whole or in part. 6. Incorporation of Provisions. The Contractor shall include the provisions of paragraphs 1 through 5 in every subcontract, including procurements of materials and leases of equipment, unless exempt by the regulations of directives issued pursuant thereto. The Contractor shall take action with respect to any subcontract or procurement as the Sponsor or the Federal Aviation Administration may direct as a means of enforcing such provisions including sanctions for noncompliance: Provided, however, that, in the event a Contractor becomes involved in, or is threatened with, litigation with a subcontractor or supplier as a result of such direction, the Contractor may request the Sponsor to enter into such litigation to protect the interests of the Sponsor and, in addition, the Contractor may request the United States to enter into such litigation to protect the interests of the United States. 7. Breach of Contract Terms - Sanctions. Contracts/Subcontracts shall contain such contractual provisions or conditions which will allow for administrative, contractual or legal remedies in instances where Contractors violate or breach contract terms, and provide for such sanctions and penalties as may be appropriate. A sample clause is: "Any violation or breach of the terms of this contract on the part of the Contractor/Subcontractor may result in the suspension or termination of this contract or such other action which may be necessary to enforce the rights of the parties of this agreement." The terms and conditions of paragraph 80-09 of the General Provisions of these Contract Documents are hereby made a part of this agreement as fully as if set out at length herein. 8 Contract Temmnation. (For contracts in excess of$10,000.) This contract may be terminated by the Sponsor for default or any other conditions or circumstances beyond the control of the Connector. Termination conditions, the mariner by which it will be effected and the basis for settlement are as follows: "In the event that the Sponsor is prohibited from completing the project because of conditions or circumstances beyond the control of either the Sponsor or the Contractor such as, but not limited to, an Executive Order of the President with respect to the prosecution of war of in the interest of national defense or an order of any State or Federal Court permanently prohibiting the construction of the project, the Sponsor, acting by and through its Airport Manager, may terminate the Contract or potion thereof by giving at least ten (10) days written notice thereof to the Contractor. When the Contract, or any portion thereof, is terminated before completion of all items of work in the Contract, payment will be made for the actual number of units or items of work completed at the Contract price. On items or units which are only partially completed,payment will be made in proportion to the completed work as determined by the Engineer in his sole and absolute discretion,bears to the total bid price. Acceptable materials, obtained or ordered in the work at the time of such ternnation, shall at the option of the Sponsor be purchased from the Contractor at actual cost as shown by receipted bills and actual cost records at the point of delivery 4 c.. 7 �I The intent of this provision is to provide a method of equitable settlement with the Contractor in the event of ternvnation of the Contract because of conditions or circumstances beyond the control of either party. Loss of anticipated profits shall not be considered. It is also the intent of this provision that a settlement for the work performed shall not relieve the Contractor or his surety from responsibility for defective work and/or materials on the completed portion of the work, nor for labor and materials as expressed in the surety bond or bonds. The Airport Manager or his authorized representatives shall be given full access to all books, correspondence and papers of the Contractor relating to this Contract in order to determine the amounts to be paid on account of the termination of the Contract." 9. Rights to Inventions - Materials. (For contracts or agreements involving imported products, processes, methods, etc.) All rights to inventions and materials generated under this contract are subject to regulations issued by the FAA and the recipient of the Federal grant under which this contract is executed. Information regarding these rights is available from the FAA and the Sponsor. C. Access to Documents.Records Etc. 1. For All Cost Reimbursement Type of Contracts. The Contractor shall maintain an acceptable cost accounting system. The Sponsor, the Administrator of the FAA and the Comptroller General of the United States, or an authorized representative of either, shall be allowed access to the Contractor's records which are pertinent to the contract for the propose of accounting and audit. The Contractor shall maintain all required records for three years after the Sponsor makes final payment and all other ending matters are closed. 2. For All Negotiated Contracts in Excess of$10,000. The Contractor shall maintain an acceptable cost accounting system. The Sponsor, the FAA, the Comptroller General of the United States, or any of their drily authorized representatives, shall be allowed access to any books, documents, papers and records of the Contractor which are directly pertinent to an AIP project(s) for the purpose of making audit, examination, excerpts and transcriptions The Contractor shall maintain all required records for three years after the Sponsor makes final payment and all other pending matters are closed. D Labor Contract Clauses for All Construction Contracts and Subcontracts in Excess of S2,000 1. Minimum Wages. a. All laborers and mechanics employed or working on the site of the work will be paid unconditionally and not less often than once a week, and without subsequent deduction or rebate on any account (except such payroll deductions as are pernutted by the Secretary of Labor under the Copeland Act (29 CFR Part 3)), the full amourn of wages and bona fide fringe benefits (or cash equivalent thereof) due at time of payment computed at rates not less than those contained in the wage determination of the Secretary of Labor which is attached hereto and made a part hereof, regardless of any contractual relationship which may be alleged to exist between the Contractor and such laborers and mechanics. Contributions made or costs reasonably anticipated for bona fide fringe benefits under section(b)(2) of the Davis-Bacon Act on behalf of laborers or mechanics are considered wages paid to laborers or mechanics, subject to the provisions of paragraph(1)(iv) of this section; also, regular contributions made or costs incurred for more than a weekly period. (but not less often than quarterly) under plans, funds, or programs which cover the particular weekly period, are deemed to be constructively made or incurred during such weekly period. Such laborers and mechanics shall be paid the appropriate wage rate and 5 fringe benefits on the wage determination for the classification of work actually performed, without regard to skill, except as provided in 29 CFR Part 5.5(a)(4). Laborers or mechanics performing work in more than one classification may be compensated at the rate specified for each classification for the time actually worked therein: Provided, that the employer's payroll records accurately set forth the time sent in each classification in which work is performed. The wage determination (including any additional classification and wage rates conformed under(1)(ii) of this section and the Davis-Bacon poster(WH-1321) shall be posted all times by the Contractor and its subcontractors at the site of the work in a prominent and accessible place where it can easily be seen by the workers. b. The contracting officer shall require that any class of laborers or mechanics which is not listed in the wage determination and which is to be employed under the contract shall be classified in conformance with the wage determination. The contracting officer shall approve an additional classification and wage rate and fringe benefits therefore only when the following criteria have been met: (1) The work to be performed by the classification requested is not performed by a classification in the wage determinations; and (2) The classification is utilized in the area by the construction industry; and (3) The proposed wage rate, including any bona fide fringe benefits, bears a reasonable relationship to the wage rates contained in the wage deternvnation. C. If the Contractor and the laborers and mechanics to be employed in the classification (if known), or their representatives, and the contracting officer agree on the classification and wage rate (including the amount designated for fringe benefits where appropriate), a report of the action taken shall be sent by the contracting officer to the Administrator of the Wage and Hour Division, Employment Standards Administration,U.S. Department of Labor,Washington,D.C. 20210. The Administrator, or an authorized representative, will approve, modify, or disapprove every additional classification action within 30 days of receipt and so advise the contracting officer or will notify the contracting officer within the 30-day period that additional time is necessary. (Approved by the Office of Management and Budget under OMB Control Number 1215-0140). d. In the event the Contractor, the laborers or mechanics to be employed in the classification, or their representatives, and the contacting officer do not agree on the proposed classification and wage rate (including the amount designated for fringe benefits where appropriate),the contracting officer shall refer the questions, including the views of all interested parties and the recommendation of the contracting officer, to the Administrator for determination. The Administrator, or an authorized representative, will ' issue a determination within 30 days of receipt and so advise the contracting officer or will notify the contacting officer within the 30-day period that additional time is necessary. (Approved by the Office of Management and Budget under OMB Control Number 1215-0140). C. The wage rate (including fringe benefits where appropriate) determined pursuant to subparagraphs (1)(c) or (d) of this paragraph, shall be paid to all workers performing work in the classification under this contract from the first day on which work is performed in the classification. f. Whenever the minimum wage rate prescribed in the contact for a class of laborers or mechanics includes a fringe benefit which is not expressed as an hourly rate, the Contractor shall either pay the benefit as stated in the wage determination of shall pay another bona fide fringe benefit or an hourly cash equivalent thereof. 6 Bra., ei g. If the Contractor does not make payments to a trustee or other third person, the Contractor may consider as part of the wages of any laborer or mechanic the amount of any costs reasonably anticipated in providing bona fide fringe benefits under a plan or program,provided that the Secretary of Labor has found, upon the written request of the Contractor, that the applicable standards of the Davis-Bacon Act have been met. The Secretary of Labor may require the Contractor to set as in a separate account assets for the meeting of obligations under the plan or program. (Approved by the Office of Management and Budget raider OMB Control Number 1215-0140). 2. Withholding. The Federal Aviation Administration or the Sponsor shall upon its own action or upon written request of an authorized representative of the Department of Labor withhold or cause to be withheld from the Contractor under this contract or any other Federal contract with the same Prime Contractor, or any other Federally-assisted contract subject to Davis-Bacon prevailing wage requirements, which is held by the same Prime Contractor, so much of the accrued payments or advances as may be considered necessary to pay laborers and mechanics, including apprentices, trainees, and helpers, employed by the Contractor or any subcontractor, the full amount of wages required by the contract. In the event of failure to pay any laborer or mechanic, including any apprentice, trainee, or helper, employed or working on the site of work, all or part of the wages required by the contract, the Federal Aviation Administration may, after written notice to the Contractor, Sponsor, applicant, or owner, take such action as may be necessary to cause the suspension of any further payment, advance, or guarantee of funds until such violations have ceased. 3. Payroll and Basic Records. a. Payrolls and basic records relating thereto shall be maintained by the Contractor during the course of the work and preserved for a period of three years thereafter for all laborers and mechanics working at the site of the work. Such records shall contain the name, address, and social security number of each such worker, his or her correct classification, hourly rates of wages paid(including rates of contributions or costs anticipated for bona fide fringe benefits or cash equivalents thereof as described in l(b)(2)(B) of the Davis- Bacon Act), daily and weekly number of horns worked, deductions made and actual wages paid. Whenever the Secretary of labor has found under 29 CFR 5.5(a)(1)(iv) that the wages of any laborer or mechanic include the amount of any costs reasonably anticipated in providing benefits under a plan or program described in section I(b)(2)(B) of the Davis-Bacon Act, the Contractor shall maintain records which show that the corarritiment to provide such benefits is enforceable, that the plan or program is financially responsible, and that the plan or program has been communicated in writing to the laborers or mechanics affected, and records which show the costs anticipated or the actual costs incurred in providing such benefits. Contractors employing apprentices or trainees under approved programs shall maintain written evidence of the registration of apprenticeship programs and certification of trainee programs, the registration of the apprentices and trainees, and the ratios and wage rates prescribed in the applicable programs. (Approved by the Office of Management and Budget under OMB Control Numbers 1215-0140 and 1215-0017). b. The Contractor shall submit weekly, for each week in which any contract work is performed, a copy of all payrolls to the applicant, Sponsor, or owner, as the case maybe, for transmission to the Federal Aviation Administration. The payrolls submitted shall set out accurately and completely all of the information required to be maintained under paragraph (3)(a) above. This information may be submitted in any form desired Optional Form WH-347 is available for this propose and may be purchased from the Superintendent of Documents (Federal Stock Number 029-005-00014-1), U.S Government Printing Office, Washington, D.C. 20402. The Prime Contractor is 7 responsible for the submission of copies of payrolls by all subcontractors. (Approved by the Office of the Management and Budget under OMB Control Number 1215-0149). C. Each payroll subnnitted shall be accompanied by a "Statement of Compliance," signed by the Contractor or subcontractor or his or her agent who pays or supervises the payment of the persons employed wider the contract and shall certify the following: (1) That the payroll for the payroll period contains the information required to be maintained wider paragraph (3)(a) above and that such information is correct and complete; (2) That each laborer and mechanic (including each helper, apprentice and trainee) employed on the contract during the payroll period has been paid the full weekly wages earned, without rebate, either directly or indirectly, and that no deductions have been made either directly or indirectly from the wages earned, other than permissible deductions as set forth in Regulations 29 CFR Part 3; (3) That each laborer or mechanic has been paid not less than the applicable wage rates and fringe benefits or cash equivalents for the classification of work performed, as specified in the applicable wage determination incorporated into the contract. d. The weekly submission of a properly executed certification set forth of the reverse side of Optional Form WH-347 shall satisfy the requirement for submission of the "Statement of Compliance" required by paragraph(3)(c)(2) of this section. e. The falsification of any of the above certifications may subject the Contractor or subcontractor to civil or criminal prosecution under Section 1001 of Title 18 and Section 231 of Title 31 of the United States Code. The Contractor or subcontractor shall make the records required under paragraph(3)(a) of this section available for inspection, copying or transcription by authorized representatives of the Sponsor, the Federal Aviation Administration or the Department of Labor, and shall permit such representatives to interview employees during working hours on the job. If the Connector or subcontractor fails to submit the required records or to make them available, the Federal agency may, after written notice to the Contractor, Sponsor, applicant or owner, take such action as may be necessary to cause the suspension of any further payment, advance, or guarantee of funds. Furthermore, failure to submit the required records upon request or to make such records available may be grounds for debarment action pursuant to 29 CFR 5.12, 4. Apprentices and Trainees. a. Apprentices. Apprentices will be permitted to work at less than the predetermined rate for the work they performed when they are employed pursuant to and individually registered in a bona fide apprenticeship program registered with the U.S. Department of Labor, Employment and Training Administration, Bureau of Apprenticeship and Training, or with a State Apprenticeship Agency recognized by the Bureau, of if a person is employed in his or her first 90 days of probationary employment as an apprentice in such an apprenticeship program, who is not individually registered in the program, but who has been certified by the Bureau of Apprenticeship and Training or a State Apprenticeship Agency (where appropriate) to be eligible for probationary employment as an apprentice. The allowable ratio of apprentices to journeymen on the job site in any craft classification shall not be greater than the ratio permitted to the Contractor as to the entire work force under the registered program. Any worker listed on a payroll at an apprentice wage rate, who is not registered or otherwise employed as stated above, shall be paid not less than the applicable wage rate on the wage determination for the 8 classification of work actually performed. In addition, any apprentice performing work on the job site in excess of the ratio permitted under the registered program shall be paid not less than the applicable wage rate on the wage determination for the work actually performed. Where a Contractor is performing construction on a project in a locality other than that in which its program is registered, the ratios and wage rates (expressed in percentages of the journeyman's hourly rate) specified in the Contractor's or subcontractor's registered program shall be observed. Every apprentice must be paid at not less than the rate specified in the registered program for the apprentice's level of progress, expressed as a percentage of the journeymen hourly rate specified in the applicable wage determination. Apprentices shall be paid fringe benefits, in accordance with the provisions of the apprenticeship program. If the apprenticeship program does not specify fringe benefits apprentices must be paid the full amount of fringe benefits listed on the wage determination for the applicable classification. If the Administrator determines that a different practice prevails for the applicable apprentice classification, fringes shall be paid in accordance with that determination. In the event the Bureau of Apprenticeship and Training, or State Apprenticeship Agency recognized by the Bureau, withdraws approval of an apprenticeship program, the Contractor will no longer be permitted to utilize apprentices at less than the applicable predetemuned rate for the work performed until an acceptable program is approved. b Trainees. Except as provided in 29 CFR 5.16, trainees will not be permitted to work at less than the predeterrmned rate for the work performed unless they are employed pursuant to and individually registered in a program which has received prior approval, evidenced by formal certification by the U.S. Department of Labor, Employment and Training Administration. The ratio of trainees to journeymen on the job site shall not be greater than permitted under the plan approved by the Employment and Training Administration. Every trainee must be paid at not less than the rate specified in the approved program for the trainee's level of progress, expressed as a percentage of the journeyman hourly rate specified in the applicable wage deternvnation. Trainees shall be paid fringe benefits in accordance with the provisions of the tramee program. If the trainee program does not mention fringe benefits,trainees shall be paid the frill amount of fringe benefits listed on the wage determination unless the Administrator of Wage and Hour Division determines that there is an apprenticeship program associated with the corresponding journeyman wage rate on the wage determination which provides for less than full fringe benefits for apprentices. Any employee listed on the payroll at a trainee rate who is not registered and participating in a training plan approved by the Employment and Training Administration shall be paid not less than the applicable wage rate on the wage determination for the classification of work actually performed. In addition, any trainee performing work on the job site in excess of the ratio pemutted tinder the registered program shall be paid not less than the applicable wage rate on the wage determination for the work actually performed. In the event the Employment and Tramming Administration withdraws approval of a training program,the Conn actor will no longer be permitted to utilize trainees at less than the applicable predetermined rate for the work performed until an acceptable program is approved. C. Equal Employment Opportunity. The utilization of apprentices, trainees and journeyrmen under this part shall be in conformity with the equal employment opportunity requirements of Executive Order 11246, as amended, and 29 CFR Part 30. 5. Compliance With Copeland Act Requirements. The Contractor shall comply with the requirements of 29 CFR Part 3,which are incorporated by reference in this contract. 6. Subcontracts. The Contractor or subcontractor shall insert in any subcontracts the clauses contained in 29 CFR Part 5.5(a)(1) through (10) and such other clauses as the Federal Aviation Administration may by appropriate instructions require, and also a clause requiring the subcontractors to include these clauses in any lower tier subcontracts. 9 � y , The Prime Contractor shall be responsible for the compliance by any subcontractor or lower her subcontractor with all contract clauses in 29 CFR Part 5.5. 7. Contract Tenrnnaton: Debarment. A breach of the contract clauses in paragraph(1) through(10) of this section and paragraphs (1) through (5) of the next section below may be grounds for termination of the contract, and for the debarment as a contractor and subcontractor as provided m 29 CFR 5.12. S. Compliance With Davis-Bacon and Related Act Requirements. All rulings and interpretations of the Davis-Bacon and Related Acts contained in 29 CFR Parts 1 and 5 are herein incorporated by reference in this contact. 9. Disputes Concerning Labor Standards. Disputes arising out of the labor standards provisions of this contract shall not be subject to the general disputes clause of this contract. Such disputes shall be resolved in accordance with the procedures of the Department of Labor set forth in 29 CFR Parts 5, 6 and 7. Disputes within the meaning of this clause include disputes between the Contractor (or any of its subcontractors) and the contracting agency, the U.S. Department of Labor, or the employees or their representatives. 10. Certification of Eligibility. (i) By entering into this contact, the Contractor certifies that neither it (nor he or she) nor any person or firm who has an interest in the Contractor's firm is a person or firm ineligible to be awarded Government contracts by virtue of section 3(a) of the Davis-Bacon Act of 29 CFR 5.12(a)(1). (it) No part of this contract shall be subcontracted to any person or firm ineligible for award of a Goverment contract by virtue of section 3(a)of the Davis-Bacon Act of 29 CFR 5.12(a)(1). (ill) The penalty for making false statements is prescribed in the U.S. Criminal Code, 18 U.S C 1001. E. Contract Work Hours and Safety Standards 1. Overtime Requirements. No Contractor or subcontractor contacting for any part of the contract work which may require or involve the employment of laborers or mechanics shall require or permit any such laborer or mechanic, including watchmen and guards, in any workweek in which he or she is employed on such work to work in excess of forty hours m such workweek unless such laborer or mechanic receives compensation at a rate not less than one and one-half times the basic rate of pay for all hours worked in excess of forty hours in such workweek. 2. Violation; Liability for Unpaid Wages; Liquidated Damages. In the event of any violation of the clause set forth in paragraph 1 above, the Contactor or any subcontractor responsible therefor shall be liable for the unpaid wages. In addition, such Contractor and subcontractor shall be liable to the United States (in the case of work done under contract for the District of Columbia or a territory, to such District or to such territory), for liquidated damages. Such liquidated damages shall be computed with respect to each individual laborer or mechanic, including watclmlen and guards, employed in violation of the clause set forth in paragraph I above, in the sum of$10 for each calendar day on which such individual was required or permitted to work in excess of the standard workweek of forty hours without payment of the overtime wages required by the clause set forth in paragraph 1 above. 3. Witlilzolding for Unnaid Wages and Liquidated Damages. The Federal Aviation Adrmnistation or the Sponsor shall upon its own action or upon written request of an authorized representative of the Department of Labor, withhold or cause to be withheld, from any monies payable on account of work performed by the Contractor or subcontractor under any such contract or any other Federal contract with the same prime Contractor, or any other Federally-assisted contract subject to the Contract Work Hours and Safety Standards Act, which is held by the same Rune Contractor, such sums as may be determined to be necessary to satisfy any liabilities of such Contractor or subcontractor for unpaid wages and liquidated damages as provided in the clause set forth in paragraph 2 above. 4. Subcontractors. The Contractor or subcontractor shall insert in any subcontracts the clauses set forth in paragraphs 1 through 4 and also a clause requiring the subcontractor to include these clauses in any lower tier subcontracts. The Prime Contractor shall be responsible for compliance by any subcontractor or lower tier subcontractor with the clauses set forth in paragraphs 1 through 4. 5. Working Conditions. No Contractor or subcontractor may require any laborer or mechanic employed in the performance of any contract to work in surroundings or under working conditions that are unsanitary, hazardous or dangerous to his health or safety as determined under construction safety and health standards(29 CFR Part 1926)issued by the Department of Labor. F. Equal Employment Opportunity Clause For All Construction Contracts and Subcontracts Exceeding $10000. During the performance of this Contract, the Contractor agrees as follows, except any contracts/subcontracts (or certifications preliminary thereto) with a state or local government or any agency, instrumentality or subdivision of such governments which does not participate in work on or under the Contract or subcontract. 1. The Contractor will not discriminate against any employee or applicant for employment because of race, color,religion, sex, age, or national origin. The Contractor will take affirmative action to ensure that applicants are employed, and that employees are treated during employment without regard to their race, color religion, sex or national origin. Such action shall include, but not be limited to the following: employment, upgrading, demotion, or transfer; recruitment or recruit- ment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training including apprenticeship. The Contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided setting forth the provisions of this nondiscrimination clause. 2. The Contractor will, in all solicitations or advertisements for employees placed by or on behalf of the Contractor, state that all qualified applicants will receive consideration for employment without regard to race,color,religion, sex, age, or national origin. 3. The Contractor will send to each labor union or representative of workers with which he has a collective bargaining agreement or other contract or understanding, a notice to be provided advising the said labor union or worker's representatives of the Contractors' convmtments under this section, and shall post copies of the notice in conspicuous places available to employees and applicants for employment. Employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The Contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided setting forth the provision of this nondiscrimination clause. 4. The Contractor will comply with all provisions of Executive Order 11246 of September 24, 1965, as amended, and of the rules,regulations and relevant orders of the Secretary of Labor. 5. The Contractor will furnish all information and reports required by Executive Order 11246 of September 24, 1965, as amended, and by rules,regulations and others of the Secretary of Labor, or pursuant, thereto, and will permit access to his books, records and accounts by the FAA and the 117 j. Secretary of Labor for purposes of investigation to ascertain compliance with such rules, regulations and orders. 6. In the event of the Contractor's noncompliance with the nondiscrimination clauses of this Contract or with any of the said rules, regulations or orders, this Contract may be canceled, ternunated or suspended in whole or in part and the Contractor may be declared ineligible for further Government contracts or Federally assisted construction contracts m accordance with procedures authorized in Executive Order 11246 of September 24, 1965, as amended, or by Wile,regulation or order of the Secretary of Labor, or as otherwise provided by Law. 7. The Contractor will include the portion of the sentence immediately preceding paragraph 1 and the provisions of paragraphs 1 through 7 in every subcontract or purchase order unless exempted by rules, regulations or orders of the Secretary of Labor issued pursuant to Section 204 of Executive Order 11246 of September 24, 1965, as amended, so that such provisions will be binding upon each subcontractor of Vendor. The Contractor will take such action with respect to any subcontract or purchase order, enforcing such provisions, including sanctions for noncompliance, provided, however, that in the event a Contractor becomes involved in, or is threatened with litigation with a subcontractor or Vendor as a result of such direction by the FAA the Contractor may request the United States to enter into such litigation with a subcontractor or Vendor as a result of such direction by the FAA the Contractor may request the United States to enter into such litigation to protect the interests of the United States. G. Disadvantaged Business Enterprises(DBE) 1. Contractor Responsibilities: The Contractor shall agree to the below stated Department of Transportation Policy and Disadvantaged Business Enterprises Obligation and further agree to insert the following clauses a,b, and c in any subcontracts. a. Policy. It is the policy of Palm Springs International Airport to ensure that DBEs, as defined in 49 CFR Part 26, have an equal opportunity to receive and participate in DOT- assisted contacts. It is also our policy: 1. To ensure nondiscrimination in the award and administration of DOT-FAA-AIP assisted contracts: 2. To create a level playing field on which DBEs can compete fairly for DOT-FAA- AIP assisted contracts 3. To ensure that the DBE Program is narrowly tailored in accordance with applicable law; 4. To ensure that only firms that fully meet 49 CFR Part 26 eligibility standards are penmitted to participate as DBEs; 5. To help remove barriers to the participation of DBEs in DOT-FAA-AIP assisted contracts; and 6. To assist the development of firms that can compete successfully in the market place outside the DBE Program. b. DBE Obligation. The contractor, sub recipient or subcontractor shall not discriminate on the basis of race, color, national origin, or sex in the performance of this contract. The contractor shall cagy out applicable requirements of 49 CFR Part 26 in the award and administration of DOT-assisted contracts. C. Compliance. Failure by the Contractor to carry out these requirements is a material breach of this contract, which may result in the termination of this contract or such other remedy as the recipient deems appropriate. 12 2. Subcontractor Progress Payments. The contractor agrees to pay each subcontractor under this prime contract for satisfactory performance of its contract no later than ten (10) days from the receipt of each payment the prime contractor receives from the Sponsor. The contractor agrees further within seven (7) days from the time that all or any portion of the retention proceeds are received by the contractor, the original 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 reference time frame may occur only for good cause following written approval of the Sponsor. This clause applies to both DBE and non-DBE subcontractors. The contractor shall comply with all prompt payment provisions of the Public Contract Code,including but not limited to Sections 10262 and 7107. 3. Documentation. The Contractor shall keep such records as are necessary to show compliance with the Sponsor's DBE Program and, on the request of the Sponsor, shall make such records available for review by the Sponsor and the FAA. H. Clean Air and Water Pollution Control Requirements for All Construction Contracts and Subcontracts Exceeding$100,000. Contractors and Subcontractors agree: 1. That any facility to be used in the performance of the contract or to benefit from the contract is not listed on the Environmental Protection Agency(EPA) list of Violating Facilities. 2. To comply with all the requirements of Section 114 of the Clean Air Act, as amended, 42 U.S.C. 1857 et seq. and Section 308 of the Federal Water Pollution Control Act, as amended, 33 U.S C 1251 et seq. relating to inspection, monitoring, entry, reports, and information, as well as all other requirements specified in Section 114 and Section 308 of the Acts, respectively, and all other regulations and guidelines issued thereunder. 3. That as a condition for award of a contract they will notify the awarding official of the receipt of any communication from the EPA indicating that a facility to be utilized for performance of or benefit from the contract is under consideration to be listed on the EPA List of Violating Facilities 4. To include or cause to be included in any contract or subcontract which exceeds $100,000 the aforementioned criteria and requirements. L Bonding Clauses for Construction Contracts and Subcontracts. 1. The Contractor agrees to furnish a performance bond for 100 percent of the contract price. This bond is one that is executed in connection with a contract to secure fulfillment of all the Contractor's obligation under such contract. 2. The Contractor agrees to furnish a payment bond for 100 percent of the contact price. This bond is one that is executed in connection with a contract to assure payment as required by law of all persons supplying labor and material in the execution of the work provided for in the Contract. J. Buy American-Steel and Manufactured Products for Construction Contracts (Jan 1991) 1. The Aviation Safety and Capacity Expansion Act of 1990 provides that preference be given to steel and manufactured products produced in the United States when funds are expended pursuant to a grant issued under the Airport Improvement Program. The following terms apply: a. Steel and manufactured products. As used in this clause, steel and manufactured products include(1) steel produced in the United States or(2)a manufactured product produced in the United States, if the cost of its components mined, produced or manufactured in the United States exceeds 60 percent of the cost of all its components and final assembly has taken place in 13 the United States. Components of foreign origin of the same class or kind as the products referred to in subparagraphs(b)(1)or(2) shall be heated as domestic. b. Components. As used in this clause, components means those articles, materials, and supplies incorporated directly into steel and manufactured products. C. Cost of Components. This means the costs for production of the components, exclusive of final assembly labor costs. 2. The successful bidder will be required to assure that only domestic steel and manufactiued products will be used by the Contractor, subcontractors, materralmen, and suppliers in the performance of this contract, except those a. that the U.S. Department of Transportation has determined, under the Aviation Safety and Capacity Expansion Act of 1990, are not produced in the United States in sufficient and reasonably available quantities and of a satisfactory quality. b. that the U.S. Department of Transportation has determined, under the Aviation Safety and Capacity Expansion Act of 1990, that domestic preference would be inconsistent with the public interest; or C. that inclusion of domestic material will increase the cost of the overall project contract by more than 25 percent. Article 6. The Contractor agrees to accept as his fill and only compensation for the performance of all the work required under this Contract such sum or sums of money as may be proper in accordance with the price of prices set forth in the Contractor's Proposal attached hereto and made a part hereof covering all of the items. Article 7. To the extent allowed by law, the Contactor agrees to indemnify, defend and hold harmless the Sponsor, from any and all claims and damages to property and injury to persons which may arise both of and during operations under this Contract, whether such operations be by the Contactor or by any subcontractor or anyone directly or indirectly employed by the Contactor or any other employee or person employed or engaged on or about, of in connection with,the construction. Article S. Venue and jurisdiction of any action will only be brought in the Indio Superior Court, Riverside County, California. Attorney Fees, Costs and Expenses of Litigation. In the event of a breach of this agreement, the breaching party shall pay to the non-breaching party all reasonable Attorney fees, cost and other expenses, incurred by the non- breaching party enforcing its rights as a result of said breach. Article 9. If any claim of lien or stop notice or any other demand for payment or security therefor, including claims or demands upon performance and payment of bond sureties for the Contact, is made or filed with the City or against the project with respect to this Contract by any person claiming under or through Contractor, including any Subcontractor or material supplier, or if at any time there shall be evidence of any claim of lien, stop notice or other demand for which, if established,the City or the project might become liable,then the City shall have the right to retain from any payment then due or thereafter to become due under the Contract or to be immediately reimbursed by Contactor for an amount sufficient to (i) satisfy, discharge and defend against any such claim of lien or stop notice or other demand,or any action or proceeding thereof which may be brought to judgment or award; (ii) make good any such non-payment, non-performance, damage, failure or default; and (iii) compensate the City for and indemnify it against any loss, liability, damage, cost and expense (including attorneys' and consultants' fees) which may be sustained or incurred in connection therewith. Should Contactor, any Subcontractor, or other person or any of them, make, record or file or maintain any action on or respecting a claim of mechanics'lien, a stop notice, equitable lien, payment or performance bond or Its pendens relating to the work, the Contractor shall immediately and at its own expense, secure, furnish and record appropriate statutory release bonds of bonding companies acceptable to the City which will extinguish or expunge said claim, stop notice or lis pendens and Contactor hereby ' 14 eke R" agrees to indemnify, protect, defend and hold the City harmless from any such claim, mechanics' lien, stop notice, equitable lien,payment or performance bond or Its pendens Article 10. Whenever any provision of the Contract Documents requires the giving of written notice, it shall be deemed to have been validly given if delivered in person to the individual or to a member of the firm or to an officer of the corporation for whom it is intended, or if delivered at or sent by registered or certified mail, postage prepaid, to the last business address known to the giver of the Notice. Article 11, No assignment by a party hereto of any rights under or interests in the Contract Documents will be binding on another party hereto without the written consent of the party sought to be bound; and specifically but without limitation monies that may become due and monies that are due may not be assigned without such consent (except to the extent that the effect of this restriction may be limited by law), and unless specifically stated to the contrary in any written consent to an assignment,no assigmment will release or discharge the assignor from any duty or responsibility under the Contract Documents. The total estimated cost for AIP Project No. 3-06-0181-36, -37 and City Project No.2003-17, thereof to be Two mullion four hundred and ninety six thousand five hundred dollars($2,496,500). Signature Page Follows 15 IN WITNESS WHEREOF, the parties have executed and entered into this Agreement as of the date first written above. CITY OF PALM SPRINGS ATTEST: a municipal corporation By: By. City Clerk City Manager APPROVED AS TO FORM By: City Attorney CONTRACTOR: Check one:_Individual_Partnership_Corporation Corporations require two notarized signatures: One from each of the following. A. Chairman of Board,President,or any Vice President. AND B. Secretary,Assistant Secretary,Treasurer,Assistant Treasurer,m Chief Financial Officer). By: By: Signature(notarized) Signature(notarized) Name: Name, Title Title: State of } State of } County of Iss County of Iss On before me, On before me, personally appeared personally appeared personally (mown to me (or proved to me on the basis of personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) satisfactory evidence) to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) authorized capacity(ies),and that by his/her/their signatures) an the instrument the person(s), of the entity upon behalf of on the instrument the person(s), or the entity upon behalf of which the pei son(s)acted,executed the instrument. which the person(s)acted,executed the instrument WITNESS my hand and official seal. WITNESS my hand and official seal Notary Signature: Notary Signature: Notary Seal: Notary Seal: i 16 MINUTE ORDER NO. AWARDING A CONTRACT FOR CITY PROJECT#2003- 17, AIP PROJECT NO. 3-06-0181-37, SECURITY ACCESS CONTROL SYSTEM (SCAS) AND PUBLIC DISPLAY SYSTEM (PIDS) TO ANTAR-COM/SYSTEMS INTEGRATION, INC. IN THE AMOUNT OF $2,496,500, SUBJECT TO RECEIPT OF FEDERAL FUNDING AND APPROVAL OF THE AWARD BY THE FEDERAL AVIATION ADMINISTRATION (FAA). I HEREBY CERTIFY that this Minute Order, awarding a contract for City Project#2003-17, AIP Project No. 3-06-0181-37, Security Access Control System(SACS)and Public Display System (PIDS)to Antar-Com/Systems Integration, Inc. in the amount of$2,496,500, subject to receipt of federal funding and approval of the award by the Federal Aviation Administration (FAA), was adopted by the City Council of the City of Palm Springs, California, in a meeting thereof held on the 21"day of July, 2004. PATRICIA A. SANDERS City Clerk