HomeMy WebLinkAbout04474 - TURNER CONSTR DOWNTOWN PARKING STRUCTURE Turner Construction
Downtown Parking Structure
AGREEMENT #4474
M07048, 4-3-02
CITY OF PALM SPRINGS
CONTRACT SERVICE AGREEMENT
DOWNTOWN PARKING STRUCTURE CONSTRUCTION MANAGER
THIS,�ONTRACT SERVICES AGREEMENT (herein "Agreement"), is made and entered
into this �Z �day of r� <27s Q 20_, by and between the CITY OF PALM SPRINGS,
a municipal corporation, (herein "City") and TURNER CONSTRUCTION COMPANY, (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
Downtown Parking Structure ("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, 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
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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.
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 Manager shall be compensated in accordance with the "Schedule of
Compensation" attached hereto as Exhibit"C" and incorporated herein by this reference.
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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 (1st) 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.
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 parking structure is scheduled to commence during the month of June 2002 and that the
intended date for occupancy is November 27, 2002, and that the contract close-out shall occur in
accordance with the Schedule of Performance attached hereto as Exhibit "D." 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 and shall perform
all services within the time period(s) established in the "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 but not exceeding one hundred eighty (180)
days cumulatively.
3.3 Force Maieure. 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
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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 until completion of the services
which is anticipated to be no later than December 31, 2002; provided, however, that this
Agreement shall automatically be extended for a reasonable period to allow for the completion of
any and all remaining services as set forth under the Scope of Services, Exhibit "A," subject to the
provisions of Section 1.7 for Additional Services herein.
4.0 COORDINATION OF WORK
4.1 Representative of Construction Manager. The following principals of
Construction Manager are hereby designated as being the principals and representatives of
Construction Manager authorized to act in its behalf with respect to the work specified herein and
make all decisions in connection therewith:
Dave Seastrom, Regional Manager
Bill McLaughlin, Area Manager
It is expressly understood that the experience, knowledge, capability and reputation of the
foregoing principals were a substantial inducement for City to enter into this Agreement.
Therefore, the foregoing principals 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 principals may not be
replaced nor may their responsibilities be substantially reduced by Construction Manager without
the express written approval of City.
4.2 Contract Officer. The Contract Officer shall be such person as may be
designated by the City Manager of City. It shall be the Construction Manager's responsibility to
assure that the Contract Officer is kept informed of the progress of the performance of the
services and the Construction Manager shall refer any decisions which must be made by City to
the Contract Officer. Unless otherwise specified herein, any approval of City required hereunder
shall mean the approval of the Contract Officer. The Contract Officer shall have authority to sign
all documents on behalf of the City required hereunder to carry out the terms of this Agreement.
4.3 Prohibition Against Subcontracting 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
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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 no atan,i}.me nr n nv manner represent that i nr any ofitg oan g or s t u,., i , t _ , _ I ,a
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:
(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
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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. Construction Manager agrees to indernify 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 injury to person (including
death resulting therefrom) or damages to property to the extent resulting from the negligent
performance of the services of Construction Manager, its agents, employees, subcontractors, or
invitees, provided for herein, or arising from the negligent acts or omissions of Construction
Manager hereunder, or arising from Construction Manager's negligent performance of or failure to
perform any term, provision, covenant or condition of this Agreement, Construction Manager shall
not be responsible for those portions of claims and liabilities caused by City's or any Trade
Contractor's own concurrent passive or active negligence or willful misconduct.
In the event the City, its officers, agents or employees is made a party to any action or
proceeding filed or prosecuted against the Construction Manager in connection with the services
hereunder,
(a) To the extent that Construction Manager is obligated to indemnify
and hold harmless City pursuant to the above paragraph, the Construction Manager shall defend
the action on behalf of itself and the City and pay all costs and fees for its and the City's defense,
including legal costs and attorneys' fees incurred in connection therewith, unless the City decides,
in its sole discretion, to defend any such action itself. The Construction Manager may provide a
defense for the City with the counsel selected by Construction Manager, however, subject to the
reasonable approval of the City.
(b) The Construction Manager shall not be entitled to settle any claims
against it and the City in any such action, without the express consent of the City, which shall not
be unreasonably denied. Any settlement shall be enforceable against the City only to the extent
the City consents to same, and only as to that portion to which the City consents.
(c) Irrespective of who defends any action and pays the legal costs and
fees therefore, City shall be liable for that proportionate share of any judgement in such action as
may be allocated to City by the tribunal.
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5.3 Third Party Indemnification. City will 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 t0 unique circumstances. In the event the City Manager determines that the work or
services to be performed under this Agreement create an increased or decreased risk of loss to
the City, the Construction Manager agrees that the minimum limits of the insurance policies and
the performance bond required by this Section 5 may be changed accordingly upon receipt of
written notice from the City Manager or designee. In the event of such an increase in the required
coverage, the City shall provide reasonable reimbursement to the Construction Manager for its
actual costs of any increased premiums.
6.0 REPORTS AND RECORDS
6.1 Reports. Construction Manager shall periodically prepare and submit to the
Contract Officer such reports concerning the performance of the services required by this
Agreement as the Contract Officer shall require. Construction Manager hereby acknowledges that
the City is greatly concerned about the cost of work and services to be performed pursuant to this
Agreement. For this reason, Construction Manager agrees that if Construction Manager becomes
aware of any facts, circumstances, techniques, or events that may or will materially increase or
decrease the cost of the work or services contemplated herein or, if Construction Manager is
providing design services, the cost of the project being designed, Construction Manager shall
promptly notify the Contract Officer of said fact, circumstance, technique or event and the
estimated increased or decreased cost related thereto and, if Construction Manager is providing
design services, the estimated increased or decreased cost estimate 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 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
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result of the exercise by City of its full rights of ownership of the documents and materials
hereunder. Any use of such completed documents for other projects and/or use of uncompleted
documents without specific written authorization by the Construction Manager will be at the City's
sole risk and without liability to Construction Manager, and the City shall indemnify the
Construction Manager for all damages resulting therefrom. Construction Manager may retain
copies of such documents for its own use. Construction Manager shall have an unrestricted right
to use the concepts embodied therein. All subcontractors shall provide for assignment to City any
documents or materials prepared by them, and in the event Construction Manager fails to secure
such assignment, Construction Manager shall indemnify City for all damages resulting therefrom.
6.4 Release of Documents. The drawings, specifications, reports, records,
documents and other materials prepared by Construction Manager in the performance of services
under this Agreement shall not he released publicly without the prior l.niritten approval of the
Contract Officer.
7.0 ENFORCEMENT OF AGREEMENT
7.1 California Law. This Agreement shall be construed and interpreted both as
to validity and to performance of the parties in accordance with the laws of the State of California.
Legal actions concerning any dispute, claim or matter arising out of or in relation to this Agreement
shall be instituted in the Superior Court of the County of Riverside, State of California, or any other
appropriate court in such county. Construction Manager covenants and agrees to submit to the
personal jurisdiction of such court in the event of such action.
7.2 Disputes. In the event of any dispute arising under this Agreement, the
injured party shall notify the injuring party, in writing, of its contentions by submitting a claim
therefor. The injured party shall continue performing its obligations hereunder so long as the
injuring party commences to cure such default within ten (10) days of service of such notice and
completes the cure of such default within forty-five (45) days after service of the notice, or such
longer period as may be permitted by the injured party; provided that if the default is an immediate
danger to the health, safety and general welfare, such immediate action may be necessary.
Compliance with the provisions of this Section shall be a condition precedent to termination of this
Agreement for cause and to any legal action, and such compliance shall not be a waiver of any
party's right to take legal action in the event that the dispute is not cured, provided that nothing
herein shall limit City's or the Construction Manager's right to terminate this Agreement without
cause pursuant to Section 7.8.
7.3 Retention of Funds. Construction Manager hereby authorizes City to deduct
from any amount payable to Construction Manager (i) any amounts the payment of which may be
in dispute hereunder, and (ii) all amounts for which City may be liable to third parties, by reason of
Construction Manager's negligent acts or omissions under this Agreement. In the event that any
claim, as a result of Construction Manager's negligence, is made by a third party, the amount 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".
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7.4 Waiver. No delay or omission in the exercise of any right or remedy by a
non-defaulting party on any default shall impair such right or remedy or be construed as a waiver.
A party's consent to or approval of any act by the other party requiring the party's consent or
approval shall not be deemed to waive or render unnecessary the other party's consent to or
approval of any subsequent act. Any waiver by either party of any default must be in writing and
shall not be a waiver of any other default concerning the same or any other provision of this
Agreement.
7.5 Rights and Remedies are Cumulative. Except with respect to rights and
remedies expressly declared to be exclusive in this Agreement, the rights and remedies of the
parties are cumulative and the exercise by either party of one or more of such rights or remedies
shall not preclude the exercise by it, at the same or different times, of any other rights or remedies
for the same default or any other default by the other party.
7.6 Legal Action. In addition to any other rights or remedies, either party may
take legal action, in law or in equity, to cure, correct or remedy any default, to recover damages for
any default, to compel specific performance of this Agreement, to obtain declaratory or injunctive
relief, or to obtain any other remedy consistent with the purposes of this Agreement.
7.7 Liquidated 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 the sum of NONE ($_N/A_) as
liquidated damages for each working day of delay in the performance of any service required
hereunder, 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 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.
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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.
8.0 CITY OFFICERS AND EMPLOYEES: NON-DISCRIMINATION
8.1 Non-liability of City Officers and Employees. No officer or employee of the
City shall be personally liable to the Construction Manager, or any successor in interest, in the
event of any default or breach by the City or for any amount which may become due to the
Construction Manager or to its successor, or for breach of any obligation of the terms of this
Agreement.
8.2 Conflict of Interest. No officer or employee of the City shall have any
financial interest, direct or indirect, in this Agreement nor shall any such officer or employee
participate in any decision relating to the Agreement which effects his financial interest or the
financial interest of any corporation, partnership or association in which he is directly or indirectly,
interested in violation of any State statute or regulation. The Construction Manager warrants that
it has not paid or given and will not pay or give any third party any money or other consideration
for obtaining this Agreement.
8.3 Covenant Against Discrimination. Construction Manager covenants that, by
and for itself, its heirs, executors, assigns, and all persons claiming under or through them, that
there shall be no discrimination against or segregation of, any person or group of persons on
account of race, color, creed, religion, sex, marital status, national origin, or ancestry in the
performance of this Agreement. Construction Manager shall take affirmative action to insure 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 City Manager and to the attention of the Contract Officer, CITY OF PALM
SPRINGS, P.O. Box 2743, Palm Springs, California 92263. 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.
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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.
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 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:]
IRV#20924 A -11-
IN WITNESS THEREOF, the parties have executed and enteredinto this Agreement as of
the date first written above.
CITY OF PALM SPRINGS
ATTEST:
o a municipal corporation
BT
Y.
City Clerk City Manager
"rnentll *111 $25,000
APPROVED AS TO FORM: APPROVED BY THE CITY COtJNCOO 1111111111111118PProved by
ByREt. No. -?® -3 -InOWsContracting
Dates
City Attorney 'i ambl+t�
CONTRACTOR: Check one: _ Individual Partnership Corporation
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Corporations require two notarized signatures: @"from ea@4-ef the following: A Chairman of Board; President, or any
Vice President: sisnn �T;e c�=— F rtanefa}h6Heer);-•
By: ��,9 f _Ail � ,. By:
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Name: C h: 10 H �,F�A�«eOH Name. le6, /6, a-
Title: 'V tor� Title: 6- /'I — E'6�
State of L t(% ) State of CAL4 F )
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personally appeared 0AA tD 55 rr (W W personally appeared W(LL1,Am W bl
personally known to me (or proved to me on the basis of personally known to me (or proved to me on the basis of
satisfactory evidence) to be the person(§) whose satisfactory evidence) to be the person(4) whose
name(V) is/are subscribed to the within instrument and name(d) is/ate subscribed to the within instrument and
acknowledged to me that he/sheAli&y executed the same acknowledged to me that he/s"e4h4a, executed the same
in his/h i� ;,e4j, authorized capacity(ies�, and that by in his/herhhem authorized capacity("), and that by
his/heFAHB r signatureN) on the instrument the his/hen14ieir signature(4) on the instrument the
persons(iQ, or the entity upon behalf of which the persons($), or the entity upon behalf of which the
person()acted,executed the instrument. persona)acted, executed the instrument.
WITNESS my hand and official seal. WITNESS my hand and official seal.
Notary Signature r 7 Notary Signature -
Notary Seal;. Notary Seal;
le
ROSALIA SIAKI DELANEY RDSALIA SIAKI DELANEY
Commission*13o1677 Commission#1301677 IL
z%MyC0nT1r-E)0m5APr21,2005
Notary Public-California -ei Notary PullliC-C2I famia
San Diego County San Diego County
f LNI My Cam".Eapiiea Apr 21,2005
IRV#20924 v4
-12-
EXHIBIT "A"
SCOPE OF SERVICES
Construction Manager shall provide Construction Management Services for the Downtown
Parking Structure in four phases: Phase I - Planning/Design; Phase II - Pre-bid/Bid; Phase III -
Construction Phase; Phase IV - Post Construction. Specific scope for each of the phases is
itemized as follows:
Phase I - Planning/Design:
a. Construction Manager shall prepare a Management Plan for the City of Palm
Springs, which will establish the general basis for the sequence of contracting for construction of
the Project.
b. Evaluate the local construction market, the City's resources, the City's schedule
and budget goals of the Project, develop various alternative approaches, and make
recommendations to the City. Upon approval by the City of the Construction Management Plan,
Construction Manager shall prepare the Construction Management plan in final form.
C. Provide scheduling/monitoring of all Project activities as required until working
drawings are submitted for plan check and shall report same to Project Administrator (hereafter
PA).
d. Maintain/update the Project budget monthly as decisions by PA are implemented.
e. Prepare cost studies on competing design solutions/elements as directed by PA.
f. Conduct value engineering studies on elements of the design as directed by PA.
g. Complete a constructability review on working drawings.
h. Develop preliminary construction phase schedule.
L Prepare a cash flow chart for the Project's duration.
Phase II - Pre-bid/Bid
a. 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.
b. Proiect Budget - To assist the Project architect, Construction Manager shall provide
a plan and budget for all items that will be required for the Project. These include such things as
reproduction of the drawings and specifications for bidding, various other office and administrative
costs and the cost for required services at the site. Construction Manager shall review the
Program of Requirements, the City's scheduled goals and existing budget data.
IRV#20924 v4 -13-
C.
Upon PA's request, Construction Manager shall make a report of the budget to the
City indicating: 1) shortfalls or surpluses in the budget, and 2) recommendations for cost
reductions and value engineering.
d. 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 City, these changes can be recorded and the cost effect can be
documented.
e. Project Management Review - Construction Manager shall provide input to the City
and Architect relative to value, sequencing of construction phases, means and methods, duration
of construction of various building methods, and constructability.
f. 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.
g. 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 City. At the conclusion of these session, 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.
h. Conditions of Construction - Construction Manager shall advise the City 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,
L Management of Bidding Process - Construction Manager shall assist the City in the
overall bidding process. The four proposed steps are as follows:
1. Bidding Procedures: In cooperation with the Architect and the City's
Procurement Office, Construction Manager shall develop and expedite bidding procedures
for bid document issuances, bidder tracking and receipt of proposals.
2. Generate Bidder Interest: Construction Manager shall maintain contact with
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.
3. Bid Advertisements: Construction Manager shall assist the City and the
Architect in preparing and placing notices and advertisements to solicit bids on the Project.
4. Prepare and Expedite Bid Document Delivery: In conjunction with the City
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 of work Bid Packages
IRV#20924 v4 -14-
• Arrange to secure documents from Architect(s)
• Arrange for printing, binding, and wrapping
• Arrange for delivery to bidders
• Follow up calls to bidders
j. Pre-Bid Conference(s) - In conjunction with the City and Architect, Construction
Manager shall assist with pre-bid conferences. These conferences will be a forum for the City,
Construction Manager and Architect to present the project requirements to the bidders, including
pre-qualification requirements as appropriate.
k. 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.
I. 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.
M. Bid Evaluation - Construction Manager shall assist the City 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 City with regard to the
potential award of trade contracts.
n. Construction Contract(s) - Construction Manager shall assist the City in the
preparation of the trade construction contracts.
1. Prepare a detailed estimate at the conclusion of design work. "Detailed"
shall be defined as no less than ten (10) trade areas.
2. Construction Manager shall prepare a Project Procedure Manual subject to
PA's review and approval and based upon City Standard Construction Management
Procedures. Copies of manual shall be provided to trade contractors.
3. Shall conduct a final review of bid documents for completeness and
accuracy once plan check corrections are made.
4. Shall assist PA and Director of Procurement & Contracting in the
preparation of "front end" documents for the bid packages. Said "Front Ends" shall be
based on City Standard Front End,
5. Shall develop bidding procedures in coordination with PA and City Director
of Procurement & Contracting.
6. Shall hold one information seminar for local trade contractors concerning the
project and how to participate as a sub or a sub to a larger sub.
IRV#20924 v4 -15-
7. Shall conduct pre-bid conferences as directed by PA.
8. Shall receive, tabulate and analyze trade contractor bids.
9. Shall make recommendations for trade contractor bid awards.
10. Shall assist PA in negotiating sole source contracts in coordination with the
Director of Procurement & Contracting.
11. Shall assemble and prepare contracts and related documents for City review
and execution.
o. 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.
Phase III -Construction
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 City in resolving the any conflicts with the trade contractors during any and
all warrantee periods that are provided by the trade contractors.
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 City in negotiations,
mediation or arbitration of claims or disputes.
a. Preconstruction Conference(s) - Construction Manager shall conduct, in conjunction
with the City 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.
b. Contract Administration - Construction Manager shall administer the trade contracts
as provided in the General Conditions of the trade contractors for construction.
C. 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.
d. 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.
IRV#20924 v4 -16-
e. Coordination of Technical Inspection and Testing - Construction Manager will
coordinate with the City's certified inspector all testing required by the Architect or other third
parties. All inspection reports can be provided to trade contractors on a regular basis.
f. Construction Observation - Construction Manager shall observe the progress of the
work and advise the City of any deviations, defects or deficiencies observed in the work.
Construction 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.
g. Non-Conforming 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 City,
the Architect, and inspector in instances where it observes work that, in its opinion, is defective or
not in conformance with the Contract Documents.
h. Exercise of Contract Prerogatives - When appropriate, Construction Manager shall
advise the City and make recommendations to the City 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.
i. Master Construction Schedule - Construction Manager shall continue to update and
maintain the Master Construction Schedule and distribute the updated Master Schedule to the
City, Architect and other appropriate parties.
j. Monthly Contractor Payment - Construction Manager shall review and make
recommendations pertaining to monthly payments to the trade contractors.
k. Evaluate Proposal Cost - Construction Manager shall evaluate the trade
contractors' cost proposals and can make formal recommendations to the City regarding
acceptance of the proposals for any Change Orders as required.
I. Negotiation of Change Order Costs and Time Extensions - Construction Manager
shall assist the City and the Architect in negotiating Change Order costs and time extensions.
M. 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.
n. 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
IRV#20924 v4 -17-
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.
o. Recovery Schedule: If requested by the City, 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.
p. Claims Analysis. If requested by the City, 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.
q. Evaluate Claim Cost: If requested by the City, 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.
r. 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.
S. Construction Schedule: Upon the City'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 City, the Architect and other appropriate parties.
t. Schedule of Values - Construction Manager will review, with the Architect, for
compliance each Contract's Schedule of Values.
U. 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.
V. Maintain full-time supervision of the work; "full-time" is defined as during all hours
that trade contractors are on the site.
W. Maintain field logs, reports and testing report files. Log entries shall be no more
than 48 hours after said event.
IRV#20924 v4 _18_
X. Manage the submittal process as outlined in the Architect's Project Specifications
dated May 16, 2002. Shall maintain on-site submittal log so PA may ascertain completeness of
submittal processes.
Y. Monitor contract compliance with all trade contractors. Non-compliance shall be
reported to PA at weekly construction meetings with proposed corrective action.
Z. 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.
aa. Implement and document a quality control program, subject to review and approval
of PA, for the term of the construction project.
Phase IV - Post-Construction
a. Occupancy Permit - Construction Manager shall assist the City 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.
b. 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.
C. Coordinate correction of any remaining punch-list or defective work items.
d. Assist in the coordination for owner move in.
e. Coordinate all testing, turnover and training activities required from the various
trade contractors and equipment suppliers.
f. Assemble all as-built documents, warranties and guarantees so received by the
trade contractors and shall compile them in indexed notebooks.
g. Lead contract close-out activities in coordination with PA and Owner's Rep.
h. Assist PA in preparation for grand opening ceremony.
IRV#20924 v4 _19-
EXHIBIT "B"
SPECIAL REQUIREMENTS
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 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.
IRV#20924 V4 _20_
EXHIBIT "C"
SCHEDULE OF COMPENSATION
I. Terms of Compensation. The services provided under this Agreement shall be performed
for a lump sum fee of four hundred ninety-nine thousand six hundred ($499,600.00)
dollars, as outlined in the General Conditions breakdown and the Billing Schedule of the
Construction Manager's Proposal, attached hereto. The monthly fee breakdown is as
follows:
General Conditions Fee
A. Pre-Construction:
April $23,313.00 $ 0
May $23,313.00 $ 0
B. Construction and Contract Close Out:
June $40,568.00 $24,143.00
July $40,568.00 $24,143.00
August $40,568.00 $24,143.00
September $40,568,00 $24,143.00
October $40,568.00 $24,143.00
November $40,568.00 $24,143.00
December $40,568.00 $24,143.00
Subtotals (rounded to the nearest dollar): $330,600.00 $169,000.00
GRAND TOTAL: $499,600.00
Compensation for the above sums shall be billed to the City on a monthly basis as outlined
above on a lump sum basis. The total sums billed by the Construction Manager to the City shall
not exceed four hundred ninety-nine thousand six hundred ($499,600.00) dollars, including
reimbursable expenses (the "Total Compensation"). As provided in Exhibit "D," the Schedule of
Performance, Construction Manager shall further provide a status report to the City on August 30,
2002, setting forth the Construction Manager's best estimate of the date of completion for all
Parking Structure construction (the "Status Report"). In the event that the Status Report indicates
that construction cannot be reasonably completed by November 27, 2002, then the monthly
payment schedule above shall be adjusted for the remaining term of the Agreement to the date
that construction will be completed.
IRV#20924 v4 -21-
It is also mutually agreed by both parties that the Construction Manager cannot control the
actions of the Trade Contractors for the work on the Downtown Parking Structure; provided,
however, that the Construction Manager has an obligation to meet the overall performance date
set forth in this Agreement. Construction Manager further acknowledges that the City has
previously made a commitment to the adjacent property owners to achieve completion of
construction of the Parking Structure by November 15, 2002, and that Construction Manager shall
perform in good faith to complete construction of the Parking Structure by this date (the "Date of
Completion"). Notwithstanding this Date of Completion, Construction Manager's Total
Compensation shall not be reduced if the Parking Structure is not entirely complete by the Date of
Completion.
IRV#20924 v4 _22_
. • i
EXHIBIT "D"
SCHEDULE OF PERFORMANCE
Items of Performance Time for Performance
A. Pre-Construction Services (Phase I Planning/Design; Phase II Pre-Bid/Bid)
1. Prepare Constructability As Soon As Possible After April 3, 2002,
Review of Design Drawings and ongoing through Project Completion
2. Prepare estimate of Current design As Soon As Possible After Approval,
to evaluate prospects for construction and ongoing through Project Completion.
within current budget; and, develop
value engineering solutions for
Design Team's review and approval if
the Project is potentially over budget.
3. Complete Master Project Schedule On or Before April 12, 2002
4. Commence Solicitation and Pre- On or Before April 19, 2002
Qualification Process for Trade
Contractors
5. Assist the City in Bidding-out Parking On or Before May 17, 2002, and
Structure trade packages and provide ongoing until completion of the
recommendations for trade contract Project
awards
B. Construction Services (Construction)
1. Commence Construction Management June 1, 2002 until Completion
Services for Site Demolition, Utility
Relocation, and Construction of the
New Parking Structure Work
2. Provide Status Report to the City August 30, 2002
Setting Forth the Anticipated Date of
Final Completion
C. Contract Close Out (Phase IV Post-Construction)
1. Manage the completion of all trade From November 2002 until Completion,
contracts and finalize all outstanding But No Later than December 31, 2002
costs with trade contractors
IRV#20924 v4 -23-
•
2. Finalize record drawings, submittal From November 2002 until Completion,
packages, and O&M Manuals But No Later than December 31, 2002,
to the City finalize the completion or thirty-five (35) days after filing
of the Project. notice of completion, whichever is
sooner
3. Assist the City through the Trade Expiration of Warrantee Periods
Contractor Warrantee Periods.
It is understood that the foregoing Schedule of Performance is subject to all of the terms
and conditions set forth in the text of the Agreement. The summary of the items of performance in
this Schedule of Performance is not intended to supersede or modify the more complete
we text i i F FiicLinconsistency heft die i Schedules f
description in uic text. in file 2Vcni vi ar'�y, CCn����� Cr en this C.
Performance and the text of the Agreement, the text shall govern.
IRV#20924 A -24-
CONSTRUCTION
PROJECT •
f or the
PALM SPRINGS DOWNTOWN
PROJECTCITY 1
August 30, 2002
TURNER
J�� 1 r � t �r$1 � a-•/ ': � is .
• 1.Y� .. t �' �` • ...y
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..S .v
JAMES CIOFFI ARCHITECT
CONSTRUCTION COMPANY
1
i
PROJECT/ EXECUTIVE
SUMMARY
1
SAFETY
i
' PROJECT
CONCERNS/ ISSUES
li
i FINANCIAL
i PURCHASING
i SCHEDULE
1
' QUALITY CONTROL
' PROGRESS PHOTOS
1
' Turner Construction Company Project Status Report
Palm Springs Downtown Parking Structure August 30,2002
' City Project#01-27 Page 1
PROJECT/ EXECUTIVE SUMMARY
Project Team:
OWNER
City of Palm Springs
Mari-Lynn Boswell-Department of Procurement and Contracting
Harold E. Good-Director of Procurement and Contracting
Bruce R. Johnson- Senior Procurement Specialist, Department of Procurement and Contracting
Jerry Ogburn-Downtown Development Director
' David H. Ready-City Manager
Al Smoot-Executive Director, Airports
OWNER'S REPRESENTATIVE
Michael Fontana & Associates
' Michael E. Fontana-Owner's Representative
ARCHITECT/ENGINEER
' WALKER PARKING CONSULTANTS
Donald R. Monahan-Project Architect/Engineer
' PROJECT ARCHITECT
JAMES CIOFFI ARCHITECT
James R. CiofFi-Architect
' CIVIL ENGINEER
' SANBORN AIE
John L. Sanborn-Civil Engineer
' CONSTRUCTION MANAGER
TURNER CONSTRUCTION COMPANY
David M. Livingston-Project Manager
Bill McLaughlin-Project Executive
John L. Wedge III-Project Superintendent
Turner Construction Company Project Status Report
Palm Springs Downtown Parking Structure August 30,2002
' City Project#01-27 Page 2
' PROJECT/ EXECUTIVE SUMMARY CON'T
Project Description:
The City of Palm Springs Downtown Parking Structure is owned and operated by the City of Palm
Springs. It is located in the central business district of Palm Springs, California, in the Coachella
Valley of Riverside County, in Southern California. The Structure is approximately 110 miles east
' of Los Angeles, 130 miles northeast of San Diego, and 280 miles west of Phoenix, Arizona. The
City has contracted with Turner Construction Company to serve as Construction Manager for the
project.
' The project is situated on a 50,000 square foot parcel of land and has a slab on grade elevation of
444.00 feet above sea level. The overall project consists of constructing a three (3) level, 121,235
1 square feet, 375 space parking structure. The project also has a partial basement and 4 ' Level. The
structure itself is a cast in place post tension concrete, with concrete columns, beams, girders,
elevator pits and shear walls. The foundations include spread footings and grade beams.
The exterior facades along the East, West and South elevations consist of 8" concrete masonry
materials with metal stud framed soffits and spandrel walls at each parking level. These spandrel
walls are covered with exterior plaster, with an integral color. The exposed masonry varies from
"wheat" colored split-faced finish to sandblasted finish. The third level spandrel wall will be arched
between eighteen feet column spans.
' There are cantilevered fabric shade structures located at the East and South elevations. The shade
structures are internally illuminated. The first level perimeter is landscaped with architectural
colored concrete and "Downtown" brick pavers. There is an access service drive constructed of 6"
concrete paving at the West side of the project site. The service drive is located between the new
structure and adjacent businesses. The project included the relocation of fire and domestic water
service to Baristo Road and within the alley to service the adjacent businesses. The existing
electrical services will be relocated at the alley and will service the new structure and the existing
businesses.
The perimeter second level exterior East and South elevations will have an architectural metal trellis
and custom aluminum light urns.
The interior consists of three elevators and stair towers. Two of the elevators are located at opposite
ends of the structure and one in the center. Parking control is achieved through automatic gates
with controllers.
There are a total of two (2) means of entry at the West and South elevations, and three means of
egress at the East, West and South elevations. There are two Architectural Arched signs. One is
located at the corner of Indian Canyon Drive South and Baristo Road, and one located above the
South Entry at Baristo Road. The Arched Signs are similar to the City "Gateway" Arches located at
the North end of Palm Canyon Drive.
Turner Construction Company Project Status Report
Palm Springs Downtown Parking Structure August 30,2002
City Project#01-27 Page 3
PROJECT/ EXECUTIVE SUMMARY CON'T
Safety:
A comprehensive and effective safety program has been successfully implemented for the project.
Our daily safety efforts focus on maintaining the safety of the employees and pedestrians. The
construction site and staging area is fully contained and is monitored daily. The site is completely
fenced with K-Rail barricades and traffic control devices located at Baristo Road and Indian
Canyon Drive South.
Through the end of August, we have logged approximately 10,494 man-hours with no recordable or
loss time incidents. Turner will continue to rigorously enforce the City's safety program and build a
strong safety"culture" for the project.
Financial Status and Purchasing:
' The Project Budget Estimate was based upon the 75% design documents and issued on May 10,
2002. The majority of Bid Trade Contractor's, specifically, the key trades, were awarded on June
19, 2002.
' To date 82% of the Trade Contractor's have been purchased, totaling over 96% of the volume of the
project. The remaining Trade Contract's include, Striping, Painting, Signage, Flooring at Elevators,
Roofing and Sheet Metal. Bids have been received for Striping, Painting and Signage.
Turner contributes the success of the bid and award process to the efforts of the City's Department
of Procurement and Contracting. The project team's purchasing efforts continues to focus on
buying complete scopes of work, while pursuing cost savings options with the all trades.
Construction Status and Schedule:
The project was mobilized on May 28, 2002, with the establishment of the construction office, site
' construction fencing, K-Rail and implementation of the traffic control at Baristo Road and South
Indian Canyon Drive. The project start date was June 3, 2002. The work completed in June
' included the demolition of the Saloon and adjacent apartments, lead and asbestos abatement, site
demolition, utility relocations, installation of the grease interceptor and oil/water separator, and the
over-excavation, recompaction and building pad grading.
A Groundbreaking ceremony was held on June 12, 2002, and televised on local television stations.
' Work completed in July included the traffic signal controller relocation and fine grading the
concrete foundation work. The Building Permit was obtained on July 12, 2002.
' Our construction efforts in August focused on completing the foundation work and footings,
masonry elevator pits and lower level stair tower walls, underground utilities, installation of the
sump pit, oil/water separator tie-in to the storm sewer, waterproofing, structural backfill, slab on
grade concrete, and the first of seven elevated structural deck pours.
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1 Turner Construction Company Project Status Report
Palm Springs Downtown Parking Structure August 30,2002
1 City Project 901-27 Page 4
PROJECT/ EXECUTIVE SUMMARY CON'T
1 Construction Status and Schedule Con't:
1 We successfully worked to reach our first major elevated deck milestone on August 30, 2002.
Efforts in September will include the completion of four elevated deck pours, leaving two
remaining elevated deck pours which are scheduled for completion in early October.
1 By September 30"' the third level will be approximately two thirds complete, and the overall
concrete structure will be 85% complete. Additional September efforts will include the relocation
1 of the electrical services at the service drive, and completion of the concrete paving located behind
the existing Palm Canyon Drive Businesses located at the northwest portion of the site.
Additionally, we will commence with the perimeter exterior metal stud framing work. The
1 completion of the elevated decks, metal stud framing and plaster work is critical path for the
completion of the perimeter site work, and ultimately the project completion. Turner will continue
to push the progress of the work and the schedule, and take advantage of every opportunity to
1 improve on the schedule. Relationships with the existing businesses have been very good.
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Turner Construction Company Project Status Report
Palm Springs Downtown Parking Structure August 30,2002
' City Project 401-27 Page 5
SAFETY
1
The project safety performance to date has been outstanding. There have been no recordable or
' loss time incidents, with approximately 10,494 man-hours in place thru the end of August '02.
The site fencing is complete, isolating the construction site and staging area from the adjacent
businesses, and pedestrian and vehicular traffic. The site perimeter is being monitored and cleaned
on a daily basis to assure that there are no hazard exposures to the employees and pedestrians.
Trade Contractors are required to provide their Company Injury, Illness & Prevention and Safety
Programs. Additionally, all Material Safety Data Sheets are being provided and are keep on file at
the project site. Mandatory drug testing and orientation has not implemented on this construction
Isite. The wearing of proper protective clothing, hard hats and safety glasses and hand protection
(gloves) is being enforced on the site.
Turner and the Trade Contractors are conducting Task specific safety preplanning is being
conducted for all major construction operations. In August '02, safety preplanming was successfully
' completed for the following construction operations:
• Over-excavation &recompaction and grading
I • Footing excavation
• Footing rebar placement
Footing concrete placement
' Utility excavation and placement
• Deck forming
Structural concrete placement
Turner's local Safety Director, Tracy Jones, conducted his August project safety inspection and
awarded a score of 100% compliance.
Safety morale on the project is excellent. As part of our safety program, a barbeque lunch will be
held in September, celebrating the safety and schedule success to date on the Project
Turner Construction Company Project Status Report
Palm Springs Downtown Parking Structure August 30, 2002
' City Project 401-27 Page 6
PROJECT CONCERNS / ISSUES
1
Concerns/issues in June & July— Status:
June
Bid & Award Process:
' The June 11, 2002 bid date, for the majority of Trade Contractors Packages 9 4, 5, 6a, 6b, 7, 9, 11,
12, 13, 14, 15, 16, 17, 18, 19, 20, 22, 23 & 24 was postponed by the Design Consultants and
reschedule on June 18, 2002. This allowed the Design Consultants to incorporate plan check
' comments and final coordination of Structural and Architectural components. The bid process was
postponed by Addendum.
' Completion of Contract Documents:
Completion of Contract Documents was postponed until June 11, 2002.
' June & July
' Design of Utilities:
The completion of design of the water, stone (separate contract) and the Edison utilities continues
' to be of some concern. Design must be complete for bid, award and construction of the utilities.
Edison design was completed on July 15, 2002. Water plans (unapproved) were received on August
19, 2002. Storm plans are under design review.
Over-Excavation & Recompaction and Grading:
' The completion of grading, and scope of work disputes with G & M Constriction was of concern
during the months of June and July. Despite the disputes, G & M Construction completed the over-
excavation and recompaction on July 5, 2002, two days behind schedule. The overall site was left
approximately 3" to 6" too low. However, fine grading and structural backfill of the Building Pad
was purchased with Coan Construction (Concrete Trade Contractor 01-27-07), and the concern of
substantial cost exposure was eliminated. G & M Constriction issues were amicably resolved on
August 9, 2002.
August Concerns/Issues:
Schedule:
' Some slab on grade and foundation delays were initially incurred with changes to the sump pump,
oil/water separator,traffic signal controller relocation. The issues were resolved and with selective
1
Turner Construction Company Project Status Report
Palm Springs Downtown Parking Structure August 30, 2002
' City Project#01-27 Page 7
PROJECT CONCERNS / ISSUES CON'T
August Concerns/Issues Con't:
1 Schedule Con't:
overtime work during on Saturdays we have recovered almost all of this lost time. Overall, the
project is only two days behind schedule*. However, some work has progressed in advance of
schedule, which will help pick-up time and offset any some delays. The project team will continue
to pursue every opportunity to make up this lost time.
*-Note: the first elevated deck pour was scheduled for August 27, 2002. The actual pour date was
August 30, 2002. The original schedule calls for the final deck pour to be completed on October 16,
2002. Our current schedule reaches this milestone on October 10, 2002.
Design and Award of Utilities:
The completion of design of the water and storm (separate contract) utilities continues to be of
concern. Design must be complete for bid, award and construction of the utilities. Water plans
(unapproved) were received on August 19, 2002. DWA has some concerns regarding the design of
the waterline. Materials lead-time for waterline is of concern. G & M Construction is in the
process of pricing the current waterline plans. Storm plans are under design review.
Bid & Award:
' Award of Parking Control Equipment, Shade Strictures and Elevators was of concern. On June 18,
2002, APS, Inc. was the apparent low-qualified Parking Control Equipment Trade Contractor.
' However, the final scope was resolved at our scope review meeting held on July 16, 2002. Final
ward of revised scope was issued on August 7, 2002. BirdAir was awarded the Shade Structure
Contract on August 14, 2002. The Holeless elevators 91 & #3 were released on August 13, 2002.
Delivery of elevator cabs and equipment is scheduled for October 29, 2002. The shade structure
and parking control equipment delivery dates are scheduled for early November.
September Concerns/Issues
Schedule:
Commencement of the framing and masonry at the spandrel walls at exterior of the second level
should commence by September 16, 2002, and continue following the elevated decks. Scaffolding
' around perimeter must be removed by early to mid October to allow completion of site work.
Coordination of the west alley and "Frank Building" concrete parking lot must commence early
' September. Edison work must cormmence and complete in September.
' Turner Construction Company Project Status Report
Palm Springs Downtown Parking Structure August 30,2002
' City Project#01-27 Page 8
PROJECT CONCERNS / ISSUES CON'T
Design and Award of Utilities:
The completion of design of the water and storm (separate contract) utilities continues to be of
concern. The project team is working towards timely resolution of the water and storm drain issues.
' September Concerns/Issues Con't
Bid & Award:
Award of remaining Trade Contractor must be resolved by mid September. These trades include,
striping, roofing, sheet metal, signage, and painting.
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' Turner Construction Company Project Status Report
Palm Springs Downtown Parking Structure August 30, 2002
City Project#01-27 Page 9
FINANCIAL
Budget Status:
The Budget Estimate was established from the 75% design documents on May 10, 2002.
The project team continues to pursue viable cost savings options for remaining Trade Contracts and
designs of utilities. The Budget estimate includes construction and design contingencies to cover
potential unforeseen issues. This effort will continue as the purchasing and engineering efforts
continue.
A Project Summary Budget Report has been updated and published monthly. The budget report
will track the Budget Estimate costs against the actual costs for each direct cost line item, and the
indirect costs (general conditions, construction and design contingencies and CM fees). The budget
report will also track committed costs (purchased/Trade Contracted, Utility fees, Change Orders and
potential Change Orders, GC's spent) and uncommitted costs.
To date, approximately $4,974,705.00 of the budget estimate, including the construction
management fee, has been committed by trade contract, purchase orders, change order or
anticipated cost to complete, with no surprises or significant cost issues foreseen. This represents
approximately 97% of the anticipated direct costs. At this stage of the Project, there is
approximately $167,000.00 in remaining contingencies,this is very good news.
Changes:
The budget report will track "Approximate", "Pending" and "Approved" changes to the GMP for
increases in scope.
The "Approximate" values are changes that have been identified by the project team, and are either
awaiting final design information or fine pricing from the Trade Contractors. When these changes
are submitted to the City for approval, they will be classified as "Pending." When they are
approved as increases or decreases to the Budget they will be classified as "Approved."
Billing Status:
Payment applications (Trade Contractors) are submitted the first week of the month for the work
completed thru the end of the previous month. The invoices are reviewed and approved by Turner
and MFA then submitted to the City for approval and payment.
Trade Billing:
Month Appl # Date Sent Date Due Date Paid $Value
June `02 June 7/22/02 8/30/02 $111,277.33
July`02 July 8/19/02 8/30/02 $421,894.78
August `02 August 8/30/02 9/30/02 *$755,226.60
*-August Billing is estimated. Final August billing will be reviewed on August 30,2002.
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Turner Construction Company Project Status Report
Palm Springs Downtown Parking Structure August 30,2002
iCity Project#01-27 Page 10
' FINANCIAL CON'T
Work-in-Place and Projections:
iThrough the end of August there is *$1,177,121.00 completed and stored to date by the trade
contractors. Excluding CM, DWA, Utility Company Fees, there is balance remaining of
i $3,172,419.00, including retention.
The average manpower for July '02 and August was 15 workers and staff. However, on concrete
' pour days this number increases to an average of 40 workers and staff. This is projected to increase
at a steady rate to our projected manpower peak of approximately 60 to 70.
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Turner Construction Company Project Status Report
Palm Springs Downtown Parking Structure August 30,2002
City Project#01-27 Page 11
PURCHASING
1
Purchasing on the project commenced in May '02 with the purchasing of the Demolition, Site
Utilities (water and sewer), and the grading contracts.
A total of 34 Trade Contracts or purchase orders are anticipated for the project. Through the end of
August, 28 purchases have been completed, totaling 97% of the anticipated direct cost of the
project.
i SCHEDULE / CONSTRUCTION SUMMARY
Schedule:
The project schedule was based upon the 75% plans with little input from the Trade Contract
' market. After award of the major trades on June 18, 2002, Turner updated the project schedule,
with a data date of July 23, 2002. These schedules are enclosed. The schedule is updated on a
Imonthly basis, with specific attention to the weekly three-week look-ahead schedule. Area specific
1 schedules, with further detailed work items, are being developed for specific work items and areas.
IThe initial project schedule was based on a start of foundation work on June 24, 2002. However,
the start of the foundation followed completion of the over-excavation and grading work, which was
completed on July 5, 2002. Foundation work commenced on July 8, 2002.
' Schedule Milestones:
Description Milestones
Start foundation work(excavation) 7/8/02
Slab on Grade 8/16/02
ls`Elevated Deck Pour 8/27/02
2" Elevated Deck Pour 9/6/02
Begin Concrete at "Frank Building" 9/6/02
3` Elevated Deck Pour 9/12/02
Start Metal Stud Framing 9/16/02
4"Elevated Deck Pour 9/19/02
5` Elevated Deck Pour 9/26/02
6"Elevated Deck Pour 10/3/02
7 'Elevated Deck Pour (top-out) 10/10/02
Certificate of Occupancy 11/27/02
' Project completion 11/27/02
1
1 Turner Construction Company Project Status Report
Palm Springs Downtown Parking Structure August 30, 2002
1 City Project#01-27 Page 12
SCHEDULE / CONSTRUCTION SUMMARY CON'T
1 Construction Summary and Look-Ahead:
1 The following is a summary of work completed through August:
• Phase I Demolition
Traffic Control and K-Rail
1 Asbestos & Lead Abatement
Grease Interceptor & Oil/Water Separator
1 Offsite Water and Sewer line
• Waterline Relocation
• Over-Excavation and Recompaction
1 Grading of Building Pad
• U/G Plumbing and Sump Pit
• Elevator#1 Sleeve
1 Concrete Footings and Grade Beams
Purchase of Major Long Lead items
• Traffic Signal Relocation
1 Elevator Pits and Stair Tower Masonry Lower Walls
• Slab on Grade
• 1st Elevated Deck
1 Look-ahead work for September '02:
• Completion of 2°d Level Elevated Decks
1 Completion of two-thirds of the 3`d Level Elevated Decks
• MEP work at underside of 2 d Level Deck
1 Begin Site Concrete Paving at"Frank" Building
Begin Metal Stud Framing
• Begin Masonry Spandrel Walls @ 2nd Level
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' Turner Construction Company Project Status Report
Palm Springs Downtown Parking Structure August 30,2002
City Project 901-27 Page 13
QUALITY CONTROL / COMMISSIONING
The Project Quality Control and Commissioning Plan has been developed and is included in each
' bid package and subcontract. The plan includes the following sections:
Quality Control (shop drawings, submittals, mock-ups, testing)
Coordination Drawing Program
Commissioning and Start-up
Project Close-out
' The following Quality Assurance activities have taken place or are in progress:
' U/G Plumbing Coordination Meeting:
' In early July we held a coordination meeting to review the u/g plumbing at the slab on grade. It was
determined that sump pit required a deeper pit. Pit was installed during the week of August 5, 2002.
Parking Control Equipment Coordination:
Parking Control Equipment scope of work review meeting was held on July 16, 2002. The City,
' Walker, MFA, Turner, APS, and Cove Electric were in attendance of this meeting. The parking
control scope of work was determined as a result of this meeting, and APS, Inc. was official
awarded the parking control trade contract 415 on August 7, 2002. The revised scope of work has
been modified through Change Order. In addition, an underground shop drawing/electrical rough-in
meeting was scheduled with Turner, APS and cove Electric on August 14, 2002, prior to the slab on
grade pour of August 16, 2002, to finalize location of equipment and electrical rough-in.
Exterior Metal Framing Coordination:
Exterior metal framing coordination meeting was held on August 28, 2002. Design details are
reviewed and coordination issues between the multiple exterior wall trades are addressed.
' Submittals are reviewed prior to issuance to the design Consultants for approval. The construction
of the plaster mock-up will begin in early September. Framing will begin on September 16, 2002.
' M & E Coordination:
Coordination meetings with all of the MEP and Concrete Trade Contractors began in July and have
' been progressing with the schedule. Enclosed is the current coordination schedule. By using shop
drawing overlays of critical areas, the MEP coordination is successfully addressing the required
clearance issues on the structure and to identify all piping penetration locations at deck, beams and
' walls. These penetration sizes and locations are shown on the shop drawing and issued to the
design consultants for review and approval in advance of the work. Coordination will be completed
well ahead of the deck concrete pour schedules, allowing support members and inserts to be
' installed in the decks.
I
' Turner Construction Company Project Status Report
Palm Springs Downtown Parking Structure August 30,2002
' City Project#01-27 Page 14
QUALITY CONTROL / COMMISSIONING CON'T
' M & E Coordination Con't:
' Fabrication and installation of the MEP overhead work is a critical path item, and with close
coordination, an efficient and quality installation will be assured.
Structural Observation:
Walker Parking Consultants scheduled a Field Observation Review on August 29, 2002 to review
the forming and elevated deck prior to our scheduled deck pour of August 30, 2002.
Representatives from Walker included Mr. Hoshi J. Engineer, Regional Chief Structural Engineer
and Mr. Ryan D. Fredrick, Design Engineer. A copy of their Field Observation Report is enclosed.
1
1
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t FIELD REPORT # �- 1 1 " �� I Ala
WALKER
PROJECT NAME PAeKi GCONS LTANT
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iCONTRACTOR:
OWNER:
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LOCATION OF PROJECT:� �,A/COMPLETE: l�
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MEMORANDUM
PALM SPRINGS INTERNATIONAL AIRPORT
From the desk of: Allen F. Smoot, A.A.E., Executive Director - Airports
DATE: September 5, 2002
TO: David Ready, City Manager
SUBJECT: PARKING STRUCTURE CONSTRUCTION MANAGEMENT REPORT
The contractwith Turner Construction on the Parking Structure requires the submittal of a Construction Management
report at the 50% completion point. A copy is attached for your use.
(W�t:2
111
ALLEN F. SMOOT, AAE p �
Executive Director-Airports I
AFS:ps
Attachment
£0�d �d101
ASIC — ES 98 15 08 99
ADDITIONAL, INSURED -,iOWNIZ:R6.;.;I�F.SSIEES.QR:CONTRAOTQIRS
(MO'VIFI'EI7 `FORM 13)
FNia Endorsement $hall not serve to Increase our limits of insurance,as described in SECTION III —LIMITS OF
dNSLJf'AMCE
Name of Person-or Organization: Turner Construction. .,
City of Palm Springs
Jllid :2 2i)02
Name of Pro";- Downtown Parking Structure
Pairn Springs CA Project WI.27
Policy Number: X01912881001
Effective Date; 12/iS/01
.uonsideraticn of the payment of premiums, it is agreement,with the Named,Insured end only for
hereby agreod that the following changes are liability arising out of or neiating.to the Named,
ir+corporated into the policy. Insured's sole negligence apd only for an
°occurrence"or coverage not otherwise excluded
WHO IS AN INSURED:WCTION II) is amencied'to in the policy to which this endorsement appp0lq$,
o,nolude as an insured the person or organization
shown in khe Schedule, but only with respect to It is Wrther.utiderstood and agreed that
i+abllity arising out of "your work" which is irrespective of the;number.of.entities,named as
performed at the project designated above. This insureds under 4his policy,.in;no event shall 04
ondorsement applies only to operations Company's'limits of liabilityoxIceed the limits of
performed by or on,behalf of.the Named Insured liability designated in the Declarations: .
an or after the affective date of this Endorsement..
Ail other terms, cond'iitiots snci exclu'sioris'under the
(,overage under this Endorsement applies only as policy are applicable to this Endorsement and remain
respects a legally enforceable contractual unchanged:
nel„v t 5.uoc copyrlehto 1999 American Safety Invarrinrty Company Page 1 of 1
I £B d Bi :£Z ZaOZ—zO—inf
Turner Coachella Valley (760)640-6411 06/24102 02:20P P.002
F_
Cer i.figate of 7n9}xance
TH)S CPP.TIFICATTi 15 iESlJE➢ASAMATTI?20 RMATION ONLY AND CONRPNS NO RIGIi'T3 UPON YO ERTIFICATE HOLDER, TEES CERTIFICATE 15 NOT AN
INSURaNCt,POT.ICY AND DONS NOT ALygiND,%. END,ORALTERTHE COVERAGE AFFORDED BY THE POL .—L15TEDEELOW.
This Is to Certify that
TURNER CONSTRUCTION COMPANY 7 I.1bE'1'�
THE TURNED CORPORATION Name and
50 TICE BOULEVARD �— address of Mut OTM
WOODCLIFF LAKE, NJ 07677 Insured.
Is,althe Issue geta of title cetllricats,inagred py the Gumpany undar the PolICY00e)Oatad below, The IneNlanca COWSLIP h the atO 0po4l yclas)Is suhiect to all thalrtornis,explosions
and wndlllans and la not altered by any ragPlrement,tarrR or eondlflan of any contract or other docomantwith respect to 41 h this cartlncata maybe Issued,
EXP.DATE
r q CONTINUOUS
TYPE OF POLICY POLICY NUMBER LIMIT OF LIABILITY
EKrFIIp6u
WORKERS COVERAGE AFFORDED UN➢ER WC MPLOYERS LIABILITY
COMPENSATION 1/1/2003 W(32-625-004321�012 LAW OF TH£FOLLOWING STAT£S: Bodily lnlury EYACCldant
f2,A00,000 Each
ALL STATES EXCEPT 3Odily Inju v By Disease
Aucldgnt
STATE FUND STATES 42,000,000 pgll�y
Umlk
Eodlly Inlury Hv Dle&ase
52,000,000 Eaoh
GENERAL LIAB)LITY 1 T 2003 RCaf e25.go43z1•P22 9CHEDUI-E LIMITS OF LIAB[LITY
Q OCCURRENCE COVIERAGE INCLUDES PERSONAL INJURYAND PROPERTY DAMAGE LIMIT
FREMISESAPERATIONS, $2,000,OOD Per OCCLIrrence
NDEPENDENT CONTRACTORS
R£TRO OA'I'E PROTECTIVE, Gt,NFRAI.AGGREGATE LIMIT
I-ANKIHT CONTRACTUAL,
COMPLPTEPOPERATIONS, �4,000,000
DAMAGE. PRODUCT PROPERTY
DAMAGGE, PRODUCT CQMPLETED OPERATIONS AGGREGATE LIMIT
❑ CLAIMS MADE 11WROS. INJURY AND XCU $¢,000,000
Other o her
i
ALITOMOBILELIABILITY 1/1/2003 A82,625-004321.032 $2000000 EachAccldent-Single
Q OWNED (ALL OTHER STATES) , ,
-nit
13,1.and P.D.Combined
AS2-625-004321-042 Each Person
Q NON OWNED (OHIO) Each Accident or C=rrence
tzil HIRED Each Accident or D=urrence
OTHER
ADPITIONAh COMMENTS
LOCATIQN! CrrY OF PALM SlrRINGs PARIUKG STACCBTIRE,PAJ.M HPRTNGS,CA
ADDITIONAL INSTT=D., CM OF PALM OPRING%ITS 01TWER$AND EMPLOYEES
THIS IS PRI[KARY INSURANCE AND WAIVER OF SUBROGATION APPLIES
`If 9,e caglOcgla expplrallon data la cen((Inuous or maondeq terra,you will pe nollrad If egvarage Is terminated or reduced before the mrilflcate exppImflon date.
SPECIAL NOTICI�OHA: ANY PERaON WHO WITH INTENT TO OEFR UP OR KNOWING THAT 11 IS FA LITATINGA FRAUD AGAINST AN INSURER Sl1EMITS AN
APPLICATION DR FILD6 A CLAIM CCNTAINMD A FALSE OR pecEPTIVEs'fATRMENT Is GUI TT1F INSUMNCE FRAUD,
IMPORTANT NDTDETD KORDA POLIOYH04DEES AND CERTMATE HOI.DgM INTHt{E StEW)OUHAVEANYQLIFZTDNSORNrm INFORMATION
npOUTTHI3 CERTIFIGATk FOR ANYREASsDNN,,PLFFAS6 CONTACT y00 LOCAL CAL SPPODUCPIi WHOSE NAMEAND T€LEPHONE NUMaER APPPARSIITHR Liberty Mutual Group
LOwCR Nt0W 11ANP CORNER PF THA CpR'RFICATU',THE APPROPRIATE,LOCAL SALES OFFICE fhAILING APPRess MAYXI-SO HE 05TAINFo RYCAI.I.ING Tilts
NOWER.
NOTfCE OF CANCPLLAWN; S!NNOT ARPL CACLE UN
LFrO A NUNMtSER OF GAYS IS EMEREP pF4QW.1 aFT-ORE
THE sTATEn r[•xpIRA'NoN oATk THE Cq PAth'wn I ryOT CANCE4 OR pEpucS THP INsuwwcRnFFoRpED
UNDER THE
APOVE POLICIES UNTIL AT LEAST 30 DAYS NOTICE OF SUCH 0ANOE41ATION HAS pREN NIAILE31 To:
[—CrPY OP PAT K19PRR4GS 7
CO�NFII'AT'c ATT-. A 7OV Mr-INTOSH ALAN LAWROW fi/5/02
Hrt-wa� PALM RPRINGS,CA 92263 43 AUTHORIZED REPRESENTATIVE
NEW YORK (212)3914600
OFFICE PHONE NIIMBER DATE ISSUED
Thm ccrdf=to rs executed by LIpERTY MIITUAI•GROUP ae reapeom such Insunanm os is afforded by Those Companies nS 7?2S P.
ITurner. Coachhe lla Valley (760)340-6411 06/24/02 02:20P P.003
AbOMM19HY ENDORSEMFzNT
BLANXET ADOITIONAL INSURED
Section 11-WHO IS AN INSURED is amended to include as an insured any person,organization,state or
other polipeal,subdivision,trustee or estate for whom you have agreed in writing to provide liability
insurance. But;
The insurance provided by this amtendment.-
1, Applies only to"personal injury"or"properly damage"arising out of(a)"your work"or(b)
premises or other property owned by or rented to you;
2. Applies only to coverage and limits of insurance required by the written agreement,but in no event
exceeds either the scope of coverage or the limits of insurance provided by this policy;and
3. Does not apply to any person,organization,state or otherpolitical subdivision,trustee or estate for
whom you have procured separate liability insurance while such insurance is in effect,regardless of
whether the scope of coverage or limits of insurance of this policy exceed those of such other
insurance or whether such other insurance is valid and collectible.
T111s endmaement Is executed by the mPPany below dsalpnalW by an entry N ttA box OPPOKYW as name
rX7 tT1aER.TY MUW,%L iN5UEANCE COMPANY
Premiuot LIBERTY MUTUAL PEKE INSURANCE COMPANY
tMERTY W5URANcE coRMMT1CIY
EffactiveDate 1/1/02 Expiration Date 1/1/03 LMINSVRANCOCORPORATION
THE FIRST LIBERTY iNSURAr4CE COttP RATnor
For attachment to policy or Bond No. RGI,625-004321-022
Audit Bgsis
Issued to THE TURNER CORPORATION
AuthoN+.a RePreunpti�+e
Issued Saks Office and No, End,Seriml No.
NEW YOPM, N.Y.-202
06/25/2002 10:26 FAX 949 798 1175
Turner Construction 16 002
06/25/2002 09:14 FAX 201512882� Z 002
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'..II1nV'Yli"N1'��l' III, ,11!', 'S�,,• �� t 11Y'' $•iFNI�,'1'I;CEAflFICATE NUMBER
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PRODUCER THIS CERyll' 71 I8 ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS
Marsh USA Ind. NO RIGHTS UPON THE CERTIFICATE HOLDER OTHER THAN THOSE PROVIDED IN THE
1766 Au>:nUe OF the AITIBfiCa3 POLICY.THIS CERTIFICATE DOES NOT AMEND,E%TENU OR ALTER THE COVERAGE
New York,NY 10036 AFFORDEOEYTHE POLICIES O"Ife"aEp HEREIN.
COMPANIES AFFORDING COVERAGE
COMPANY
31457-LOS "ANG - A NATIONAL UNION FIRE INSURANCE CO,OF PITTSBURGH PA
INSURED COMPANY
Turner ConSIFUOtion Company B
The Yumer Corporation
375 Hudson Street CWRANY
New York,NY 10014 C
COMPANY
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THLS IS TO CPRTIFY THAT POLICIES OF WSURANCE DESCWBEO HE n HAVE BEEN ISSUEDFO TO THE INSURED NAMED HEREIN R THE POLICY PERIOD IND10AYD.
NOl W DHBYANOMGANY REOUIREMGNT,TERM OR CONDITION OF ANY CO'ftrRACTOR OTHER DOCUMENTVITH RESPECT TO WHICH THE CERTIFICATE MAY BE ISSUED OR MAY
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MAY HA"E eEEN REDUCED BYPAV CLAIMS.
OO TYPE OF INSURANCE POLICY NUMBER POLICYEFFFOTIVE POLICY"PIRATIpN LIMITS
LTR DATE IMM/nprYYl DATE(MMIOp1Y'I(
GENERALLU114n,
GENERALAOOREry\7E $
COMMERCIAL GENERAL LIABILIN
PRODUCTS-COMPIOP ABO $
„1,I Jh CLAIMS MADE 0OCCUR PERSONALF.ADVWJURY $
OWNER'SR CONTRACT'OFeR PROT EACHOCCURTENCE $
FBiE DAMAGE An one fire $
MEO F]{P An One rcon $
AUTOM0814E LIABILITY
COMB WEO SINgLE LIMIT
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$CHEDULEDAUTOS PPlme)
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HIRRDAUMS DOD)LY INJURY
NON-MNEPAIJ'TOG �� \ 'I"� IPeraccltliDl) $
T+ ,� PROPERTY DAMAGE §
GARAUE LIABILITY ALROONLY.M ACCIDENT S
ANY AUTO OTHERTHA AUTOONLY: I'71lllri�', 11114
EACHACCID $
A [Acers LTARIurr BE 139ZB3B AGGREGATE $
01/01/02 01/01/03 EACH OCCURRENCE $ 8,000,000
x UMBRELLA FORM AGGREGATE $ 6.000.0130
OTHER THAN LJMERELLS FORM $
OR ER5 COMPENSATION AND
EMPLOYERSLIABILITY TORY LWITS
ELACHACCID $
THEPROPRLENP O
INCL
TE IMR $
OFFGERA
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DESCRIPTION OF ORERATIONS/LOEATOHS)VEHIOLEEISPECIAL ITEMS(LIMlYll MAYBE SUBJECYTO pEDUGTIELEE OR RETENTIONS)
LOCATION:QFFY OF PALM SPRINGS PARKING STRUCTUIR PALM SPRINGS,CA
ADDITIONAL INSURED:CITY OF PALM SPRINGS.ITS OFFI RS AND EMPLOYEES
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TIE MSDRER APPoMNO GWERI WILL ENOFM1WR To M1 IL j'Q C w `PI Nor.,'10]NE
SPRINGS F'CI OF PALM SPR cERTFlCATfi NPL➢ER NAMED HEREW,EYr FAILUPE TDNAIL WJG(MencE SHnLL IMPOSE No o6L1[yilR+de
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P.O.BOX 2743 WEMYOF ANYNINDUPOHTryG1NtIJRERAFfCgOINp LbVEPAGE,RS ACYIMOFREPREdffMAiYES
PALM SPRINGS,CA DI
MARSH ULA INC.
RY: John LDpreoy VA-Ay
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