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04382 - GENSLER AIRPORT ARCHITECT DESIGN
Kathie Hart From: Janet Sheraton Sent: March 17, 2010 3.36 PM To: Kathie Hart U Cc: Marjorie Kossler Subject: RE, A5659- Harbor Construction Q�V� Kathie— NO The following agreements closed on the date specified below: Gensler 5/15109 Harbor 8/26/09 Parsons 5/14/07 Diebold 11/19/07 Eaglerider 12/06/09 Thank you, js AMENDMENT NO. 16 AGREEMENT NO 4382 —ARCHITECTURAL SERVICES THIS SIXTEENTH AMENDMENT to Agreement No 4382 for contract services, (herein "Amendment") made and entered into on the fit-- day of , 2008, by and between the CITY OF PALM SPRINGS (herein "City") and GENSLER (herein "Architect") is hereby amended effective q. -6 , as follows: RECITALS The City and Architect entered into that certain Contract Services Agreement No. 4382 for Architectural Design Services ("Agreement"), as duly amended from time to time. The parties wish to amend the Agreement pursuant to the terms of this Amendment to and unforeseen conditions design allowance. NOW, THEREFORE, the parties hereto agree as follows: Section 1. Exhibit "A" Scope of Services, is hereby amended by adding a new "Task 17f Unforeseen Conditions Additional Design Allowance". Section 2. Exhibit "C" Schedule of Compensation, is hereby amended by adjusting compensation for a total increase of $ 50,000, as follows: Task/Sub-Task No. Description Compensation Adjustment 17f Unforeseen Conditions Additional Design Allowance* $50,000 Total Contract Design/CA Adjustments $50,000 * Note: This allowance shall be utilized to compensate the architect and the architect's consultants for additional design and field services related to unforeseen conditions on the job. The Owner's Representative shall recommend and the City Manager approve all additional services for unforeseen conditions in advance of any work Owner's Representative is authorized to approve distribution from the allowance for said additional work. Section 3, Full Force and Effect. Except as previously modified herein, all other provisions of the Agreement shall remain unmodified and in full force and effect. Section 4. Corporate Authority: The persons executing this Amendment 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 Amendment on behalf of said party, (iii) by so executing this Amendment, such party is formally bound to the provisions of this Amendment, and (iv) the entering into this Amendment does not violate any provision of any other agreement to which said party is bound. OC�P�,1I�T�AI_ i3PD Amendment 16,A17mmenl 4382 Gensler—CP B 07.09 N WITNESS WHEREOF,the parties have executed and entered into this Agreement as of the date first written above. - ATTEST: CITY OF PALM SPRING ?- City a municipal corporationBy: 22-1 Clerk CD s ZQdB City Mana�[ §TO FORM: "r it To Exteed 'r� By: i r , rl q.)n0 _ 1 P4 th0U" TOO :�rr�w ss Vvrltten Cyy ttorney " Atlthofizati©n of 7ile City CONTRACTOR: Check one: Individual —Partnership�Corporation Manager. Corporations require two notarized signatures: One from each of the following: A. Chairman of Board, President,or any Vic sident:AND B. Secretary,As tant Secretary,Treasurer,Assistant Treasurer,or Chief Financial Offic . VAre l By, a ure ( razed) Signature(notarized) Nam Name: RO(�A L�Staa.(f11Z: Title: Title: \� 1acl �n State ofF \ 1�1Qe State of Lob County of ; �o County of ants Arbefore me, �N_-Ly�M'�S7n before me, personally appeere0 m wh% personally appeared who proved to me on the basis of satisfactory who proved to me on basis of satisfactory evidence to be the person(s)whose name(s) evidence to be the person(s)whose name(s) ^re subscribed to the within instrument and is/are subscribed to the within instrument and acknowledged to me that M r---'they and acknowledged to me that he/she/they executed the same ir04eil0ow/their authorized executed the same in his/her/their authorized capacity(ies),and that by*ia"r/their signature(s)on capacity(ies),and that by his/her/their signature(s)on the instrument the person(s),or the entity upon the instrument the person($),or the entity upon behalf of which the person(s) acted,executed the behalf of which the person(s)acted,executed the instrument, instrument. I certify under PENALTY OF PERJURY I certify under PENALTY OF PERJURY under the laws of the State of California that under the laws of the State of California that the foregoing paragraph is true and correct. the foregoing paragraph is true and correct. WITNESS my han and I. WITNESS my hand and official seal. Notary Signature: Notary Signature: Notary Seal: Notary Seal: CNR MNE CEmmim Cvmmtwfan• 1741826 NoMrj*ulnffe•CafkltNO LOSa C� 1 Amendmem 16,Agieement 4392 Gensler—CP i�07-09 AMENDMENT NO. 15 AGREEMENT NO 4382 —ARCHITECTURAL SERVICES THIS FIFTEENTH AMENDMENT to Agreement N . 4382 for contract services, (herein "Amendment") made and entered into on the Wh day of 2008, by and between the CITY OF PALM SPRINGS (herein "City") and ENSLER (herein "Architect") is hereby amended effective 5•Ib•D`E, as follows: RECITALS The City and Architect entered into that certain Contract Services Agreement No. 4382 for Architectural Design Services ("Agreement"), as duly amended from time to time. The parties wish to amend the Agreement pursuant to the terms of this Amendment to increase scope and compensation. NOW, THEREFORE, the parties hereto agree as follows: Section 1. Exhibit "A" Scope of Services is hereby amended by adding a new "Task 16f Maintenance Yard Enclosure", Section 2. Exhibit "C" Schedule of Compensation, is hereby amended by adjusting compensation for a total increase of$ 224,790, as follows- Task/Sub-Task No. Description Compensation Adjustment 16a Re-entry Building, Courtyard Landscape/ HardscapelWater Feature/Lighting $129,100 16C Concession Shell Building -Main Courtyard 25,000 16d Concession Shell Buildings — New Holdroom 34,590 16f Maintenance Yard Enclosure 18,100 17e Lobby Front Door to Curb 3,000 Total Contract Design/CA Adjustments $209,790 Reimbursables shall be increased by $15,000 to a total of $52,800. Section 3. Full Force and Effect: Except as previously modified herein, all other provisions of the Agreement shall remain unmodified and in full force and effect. Section 4. Corporate Authority: The persons executing this Amendment 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 Amendment on behalf of said party, (iii) by so executing this Amendment, such party is formally bound to the provisions of this Amendment, and (iv) the entering into this Amendment does not violate any provision of any other agreement to which said party is bound. Amendment l5,Agreement 4382 Gensler—CP 4 07-09 P^,nZEitiF^, IN WITNr-SS-VgMEREOr,'the,parties have executed and entered into this Agreement as of the date first written ahover- ATTEST: .' CITY OF PALM SPRING a nicipaI corporation By City Clerk City Man AP7=/k�� By: APPROVED By CITY COUNCIL .��j CONTRACTOR:/Check one- Individual Partnership Corporation Corporations require two notarized signatures: One from each of the following: A. Chairman of Board, President, or any Vice President:AND B. secretary,Ass nt Secretary,Treasurer,Assistant Treasurer, or Chief Financial 4Officer. �`. ey: By. z gnature(notan,� d) Signature(notarized) Name: t Name: 'rzc. . 1J �' a Title: p-f 1i1UlDa l Title: R i i can(`/ Not To Exceed $ p`: " �/ /�5 Without The Express b4ritten Authorization ®t The City Manager. lunendment I$,Agrccmenr 4382 Gmslcr—CP 9 07-09 Y CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California liiaf County of ." / On before pate -gyp V— H Irt.orl rvomo Pd Tine of in or car_ personally appeared +" "� �i] 14► r�J�� )• '1A •me sl of algnei who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s)4Ware subscribed to the within instrument and acknowledged to me that ho4hefthey executed the same inilieAleNtheir authorized capacity(ies), and that by+tisF4ie0heir signaiurre(s) on the CHRISTINE DENNtS instrument the person(s), or the entity upon behalf of Ccrrifrtlsdon N 1742846 6 which the person(s) acted, executed the instrument. Notary Public-CalNgrnlo LOS Neeft cow" I cerlify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct- WITNESS and and i al. Place Nelary Saal,W We Signature Signature of Notary Punnc OPTIONAL "bough the information below is not required by law,It may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to anolher document Description of Attached Document Title or Type of Dooum nt: ,_- 1 . Na r—u Document Date: Number of Pages: Signer(s) Other Than Named Above: Capacity(ies)Claimed by Sinner(s) J� � ]� Signer's Name:SNI • `�`u G�M�`'\ Signers Name: �.a./( ❑ Individual ❑ Individual ,.0•Corporate Officer—Title(s): _,•.,.PFJ'Corporate Officer—Tltle(s): ❑ Partner—❑Limited ❑General _ _ ❑ Partner—❑Limited 0 General ❑ Attorney in Fact ❑Attorney in Fact - - ❑ Trustee Top of thumb hors ❑Trustee Top of thumb here ❑ Guardian or Conservator ❑Guardian or Conservator ❑ Other: ❑Other-: SI er Is R' ep et renting: Signer Is Representln _ I 02007National NolaryAssodahon•trd00 Do Solc Aw.,RO Box M2•CJaf,wOh,CA 0131S2402•vnxaNalienalNolaryorp Ilerovaem Reemor comTon-Fmo"am7mK7 i I 77� I AMENDMENT NO. 14 AGREEMENT NO 4382—ARCHITECTURAL SERVICES THIS FOURTEENTH AMENDMENT to Agreement 4382 for contract services, (herein "Amendment") made and entered into on the X day of JAy , 2008, by and between the CITY OF PALM SPRINGS (herein"City") and GENS ER (herein "Architect") is hereby amended effective h- � 300b as follows: RECITALS The City and Architect entered into that certain Contract Services Agreement No. 4283 for Architectural Design Services ("Agreement"), as duly amended from time to time. The parties wish to amend the Agreement pursuant to the terns of this Amendment to add additional services to be performed by the Architect and increase the Contract Sum to authorize payment for such additional services. NOW, THEREFORE, the parties hereto agree as follows: Section 1. Exhibit "A" Scope of Services is hereby amended by adding the following sub-tasks to Task 16: Sub-task c: Concessions Shell Building — Main Courtyard: Architect and design team shall develop a design for an 1,100 sq, ft. shell coffee shop building. Design shall be incorporated into the working drawings for implementation. Sub-task d: Concession Shell Buildings — New Hold-room: Architect and design team shall develop a design for a 1,000 sq £t shell building food and beverage concession and a 750 sq R shell building dry goods concession. Designs shall be incorporated into the working drawings for implementation. Sub-task e: Toilet Rooms — Main Courtyard: Architect and design team shall develop a design for toilet rooms, one male and one female, three fixtures each room. Design shall be incorporated into working drawings for implementation. Section 2. Exhibit "C" Schedule of Compensation, is hereby amended by adding the following Lump Sum Fees: Sub-task Fee 16c 31,470 16d 46,300 16e 21,970 The reimbursables are hereby amended to be increased by $10,000 to a not-to-exceed amount of$37,800. Section 7. Special Requirements, Exhibit C is hereby amended by modifying the second sentence of the first paragraph to read as follows: "Architect acknowledges that City has budgeted the amount of$7 million for the construction phase of the Project, Task 15, 16, 17, and 18 ("Construction Budget")." Section 8. Full Force and Effect: Except as previously modified herein, all other provisions of the Agreement shall remain unmodified in full force and effect. Section 9. Corporate Authority: The persons executing this Amendment 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 Amendment on behalf of said party, (iii) by so executing this Amendment, such party is formally bound to the provisions of this Amendment, and (iv) the entering into this Amendment does not violate any provision of any other agreement to which said party is bound. IN WITNESS WHEREOF, the parties have executed and entered into this Amendment as of the date first written above. CITY OF PALM SPRINGS ATTEST: a municipal corporation B ty Clerk City Manager APPROVEDIAS TO FORM: APPROVED BY CITY COURCIL City Atiq/mey CONTRACTOR: Check one:_Individual_Partnership 7y"Corporation Corporations require two notarized signatures: One fronx each of the following: A. Chairman of Board, President or any Vice President: and B. Secretary,treasurer,assistant Treasurer,or hicf Financial Officer. By: 13 Si a (notariz ed ) re tar' ed) Name:_L,<Z��tlf Yi am Title: �(�tn�t�ol Title: Ana L� CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT •c4sS.:'ccC,ccy:SF;•Oi.Cn.:4'F•_ _ _ _ _ _ .. �,cirCcrc.:.cc`.c< State of California — County of On �b 17dGr Yn�r� Niefore me, ( .� \IC Y jJf.PtiY�iS , � Pi NKl , Date , Noma pnd Ttic of Dfficor in g Jane Dee Ne ary Public) personally appearedT�'' Named of Signer(el personally known to me ❑ (or proved to me on the basis of satisfactory evidence) to be the person(s)whose name(s)-is4are subscribed to the CHRISTINE DENNIS within Instrument and acknowledged to me that commlaslon ,r 17t2flarA _4lB/apetthey executed the same in IalsA EWtheir authorized Notary►ubllc -Callfornld fors Anyele� County capacity(ies), and that by-hia�herltheir signature(s) on the Currm6er 2 ,?A71 instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. Place Notary Seal Above Signature k4Z� Snsture ovary Fulbile OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached current /� /� A/ L•_ ' Title or Type of Document: h(�tL( `��� , ktA�-{G �?i` z�'ti■ Gf'1 -I�f�']•r Document Dale: Z Ltwf t� A-- n Number of Page Signer(s) Other Than Named Above; 1� Caner's N me: C i ed by Signers i t`� 1 �� _ \ Signer's Name: emu- S-• � Signer's Name: 'I'•1 1'h y(�] G@1'Individual ,;-4 Individual ❑ Corporate Officer—Title(s): ❑ Corporate Officer--Title(s): ❑ Partner—❑ Limited ❑ General _ ❑ Partner—[I Limited ❑ General ❑ Attorney in Fact [I Attorney in Fact .- Tap of thumb hate lop of tllbmb heft ❑ Trustee El Trustee ❑ Guardian or Conservator ❑ Guardian or Conservator CI Other: ❑ Other: Sig Is_ Repr@sen Signer Is Representing:- 0 2006 National Notary Aeeoclatlon•935D De Soto Ave PO Box 2402 1 Chatsworth CA 01313-2402 Isom No 6907 v609 � Roorder;Call Toll-PrLc 1-200-2]6-022] AMENDMENT NO. 13 AGREEMENT NO 4382--ARCHITECTURAL SERVICES THIS THIRTEENTH AMENDMENT to Agreement No 4382 for contract services, (herein "Amendment") made and entered into on the 30'� day of 11.IuYi,4t1W2007, by and between the CITY OF PALM SPRINGS (herein"City") and GENSLER (herein "Architect") is hereby amended effective as follows: RECITALS The City and Architect entered into that certain Contract Services Agreement No. 4283 for Architectural Design Services ("Agreement"), as duly amended from time to time. The parties wish to amend the Agreement pursuant to the terms of this Amendment to add additional services to be performed by the Architect and increase the Contract Sum to authorize payment for such additional services. NOW, THEREFORE,the parties hereto agree as follows: Section 1. Exhibit "A" Scope of Services, is hereby amended by adding the following sub-task to Task 16: Sub-task b: FIDS Kiosk: Architect shall design a kiosk to house a FIRS display outside in the main courtyard. The display will be integrated into the design of the concession building but shall be able to be constructed as a stand alone unit. The final selected design shall be incorporated into the working drawings for implementation. Section 2. Exhibit "A" Scope of Services is hereby amended by adding the following sub-tasks to Task 17: Sub-task b: Lobby Flooring: Architect will work with Airport to develop 2 to 3 alternative concepts for the flooring in the main lobby, extending from the front curb to the exit to the central connriyard and between the carpeted areas of the ticket and baggage wings. The final selected design will be incorporated into the working drawings for implementation. Sub-task c: Automatic Sliding Doors: Architect to prepare a design to integrate new electric doors into the main lobby entrance doors; final design to be incorporated into the working drawings. r �:w Yy01tl•.ter s . Sub-task d: Baggage Handling Equipment: Architect will sub-contract with BNP to prepare a study with recommendations for improvements to the out-bound baggage handling system. if Airport accepts recommendations the improvements will be incorporated into the working drawings with the fee to be negotiated at the time of acceptance of recommendations. Sub-task e: Lobby Front Doors to Front Curb: Architect and its sub-consultants shall develop a landscape/hardscape design for the area from the front curb to the main lobby doors (area under the high entry roof). The final design shall be incorporated into the working drawings for implementation. Section 3. Exhibit "A" Scope of Services, is hereby amended by adding the following sub-task to Task 1S: Sub-task b: Modular Canopy for Concourse Walk-way: Architect, following the selection of a schematic design from Sub-task l 8a above, shall complete the design of a modular canopy system for the concourse walk-way. Said design shall be incorporated into the working drawings for implementation. Section 4. Exhibit"A" Scope of Services, is herby amended by adding the following task 20: Task 19—Cost estimating. Sub-task a: Architect shall employee the services of an independent cost estimating firm. Said firm shall provide cost estimates at Schematic Design, Design Development, and Final Design phases of the design process. Section 5. Exhibit "C" Schedule of Compensation, is hereby amended by adding the following Lump Sum Fees: Sub-task Fee 16b $ 9,600 17b 3,000 17c 4,500 17d 8,400 17e 25,200 18b 15,200 19a 30,000 The reimbursables are hereby amended to be increased by M 0,000 to a not-to-exceed amount of$27,800_ Section 7. Special Requirements, is hereby amended by modifying the second sentence of the first paragraph to read as follows: "Architect acknowledges that City has budgeted the amount of$6 million for the construction phase of the Project, Task 15, 16, 17, and 18 ("Construction Budget")." Further, Architect may sub-contract with Faithful Gould for cost estimating services. Section 8. Full Force and Effect: Except as previously modified herein, all other provisions of the Agreement shall remain unmodified in full force and effect. Section 9. Corporate Authority: The persons executing this Amendment 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 Amendment on behalf of said party, (iii) by so executing this Amendment, such party is formally bound to the provisions of this Amendment, and (iv) the entering into this Amendment does not violate any provision of any other agreement to which said party is bound. IN WITNESS WIIBREOI', the parties have executed and entered into this Arnendrnent as of the date first written above. CITY OF PALM SPRINGS - F=TTST: a municipal corporation BY: _���� — I Cleric ll! zo�2ad7 - City Manager APPROVED AS TO FORM: APPROVE() BY CITY COUNCIL By: City Attorney CONTRACTOR: Check one:—Individual. _Pwnt•r'sWp -1cozporation Corporations require: two notarized signatures: One from each of the follownig; A. Chairman of Board, Presidenq ar any Vice President; and B. Secretary,treasurer, tant Treasurer, or Chief Pinanc'' I officer- By: I q B . Si ititiiTe`• olatized � ) Si re (notaaa d) _ Title_ Title: State of Cai ornla County of 4 )ss. S ubs cribed and swo n to(or affirmed)before me this day of bVM X. ,20_0_ oy personally known to me or proved to me on the basis of Ito �PQI'Stllrlel�z— NOTARYfactory evIvIddence to be the persons who appeared before me N �� MARY K WWOCoMM.t '1718545 N°'"� RUSLO,CALIFCRNIA N okma COUNTY MYCJnui Fr.JNI 20,8n11 Notary Publlo Seal CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT .::�.F`"�ti;i�Mc,`n��^�-cif_rrc:�'.c�^,crcrr.^c>f.-r.-;r-�"^�'u��=�Y,�,.��..rg=.rrr^.-n.rc>.-rc:r•..-!.c-r.-rrrr...•mm.-�•.-; State of California County of Y_ C On • • before me, Dam '` N"MI�n.n NalarY Public) personally appeared �� Name(y)of Signei(y) personally known to me ❑ (or proved to me on the basis of satisfactory evidence) CHRISTINE DENNIS to be the person(s)whose name(s)is/are subscribed to the Commission r 1742aae within Instrument and acknowledged to me that Flo Notary public-CCgrormo he/she/they executed the same in his/her/their authorized Los Mpe Could capacity(ies), and that by his/her/their signature(s) on the 2fi1 instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. o-44 Place Notery Seal Above Signatur Signature of Notary Publlc OPTIONAL Though the information below is not required bylaw, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. DescriptionType off AttachcumenedAocumen�f��.#N� Nei qat� �14P Title or Type of Document: .I�VId1+-� Document Date: I I` • 9W* Number of Pages: If Signer(s) Other Than Named Above: t m CapaciTy(ies) Cf by Igner( 1yl Signer's Name: �� M Signer's Name: ❑ Individual J LJ Individual d0111111110Sorporate Officer—Title(s 71 Corporate Officer—Title(s): L Partner—L Limited L General _ L Partner—LJ Limited ❑ General ❑ Attorney m Fact L Attorney in Fact b Top' op of thumb here 'fpp of thpml)heir; ❑ Trustee ❑Trustee ❑ Guardian or Conservator L Guardian or Conservator ❑ Other: L Other: S nor Is Representing: Signer Is Representing: wwwL::wu�,w�c:w-9350 Soto Ave 02006 National Notary Aaeoclellon•8350 De Soto Ave PO Sox 2402•Chetawofih CA 91313-2402 Item No.5907 vE09 w Reetdet Crll Toll-Free 1,20O•B70•0627 AMENDMENT NO. 12 AGREEMENT NO 4382-ARCHITECTURAL SERVICES THIS TWELTH AMENDMENT to Agreement No 4382 for contract services, (herein "Amendment") made and entered into on the -A day of 2007, by and between the CITY OF PALM SPRINGS (herein"City") and GENSLER (herein "Architect") is hereby amended effective ,U1 3� rgoq , as follows: RECITALS The City and Architect entered into that certain Contract Services Agreement No. 4283 for Architectural Design Services ("Agreement"), as duly amended from time to time. The parties wish to amend the Agreement pursuant to the terms of this Amendment to add additional services to be performed by the Architect and increase the Contract Sum to authorize payment for such additional services. Further, the parties wish to clarify that all of the scope of services required under Amendment No 11 to Agreement No. 4382 will have been fulfilled once the Hold-room project is completed and closed out. NOW, THEREFORE, the parties hereto agree as follows: Section 1. Exhibit"A" Scope of Services, is hereby amended by adding the following Task 15, Task 16, Task 17, Task 18 and Task 19 and associated sub-task items. Task 15 will be a standalone bid document and Tasks 16 & 17 will be combined into a single bid document. Task 15 - Construction Documentation for the demolition of Hold-rooms A & B (Old Temporary hold-rooms in main courtyard). Sub-Task a: Development of demolition drawings and specifications for the removal of the two temporary hold-rooms and related structure. Work to include the restoration of the site with sod and irrigation. • Construction fencing and phasing of the demolition work. • Removal of the two temporary hold-rooms including the demolition of existing security fencing to access demolition from the north and south. • Cap all utilities and mark their locations with the exception of the electrical for lighting in the covered walkway area which is to remain irr-place. 0R1,.-a''N,AL L11D ANDJOR AGC EEWiEN y • Development of an irrigation plan and planting plan for sod to cover the areas backfilled once the structures are removed. • Design of chain link/barb wire security barrier to close-up the security wall that was removed for demolition. Design to include graphics on the shade cloth to express "Pardon our Dust". • Temporary graphics package to use during and after demolition. DELIVERABLES. Architect and associated sub-consultants to provide full range of services necessary to complete bid documents for the demolition of the temporary hold-rooms and related infrastructure. • Design Development: All disciplines to utilize existing base sheets that show the temporary hold-rooms and develop a phasing program to demolish the structures and return the area to that of a grassed area. • Constriction Documents: Following approval of the phasing plan, develop plans and specifications in City (Non-prevailing wage) bid doctuneat format for approval and bidding. Task 16 — Modification of Design Development and Construction Documentation of the Airport Large Courtyard between the Bono Concourse and existing terminal. Sub —Task a: Development of construction improvements for an exterior courtyard and fabric roof re-entry way for the terminal facility including incorporation of existing landscape/hard-scape/water feature designs into a final design development set of documents, a submittal to the planning commission for final approval and construction documents and specifications. • Minor design adjustments and construction documentation in the landscape/hard-scape/irrigation/lighting plans for the large courtyard area as well as to accommodate a proposed Starbucks facility in the courtyard (see Task 18). These adjustments are to take advantage of the placement of existing features rather than relocating where possible and to de-emphasize the exit from the check-point and re-emphasize the re-entry into the main terminal. Minor re-design of directional signage package. Complete design of security walls. Complete redesign of the exterior elevations so as to tie the varied buildings together architecturally. • Re-design and construction documents for canopies in the courtyard. Custom designed canopy to emphasize the re-entry point into the main terminal. Smaller Modular fabric canopy(s) at the exit from the check point. DELIVERABLES: Architect and associated sub-consultants to provide full range of services necessary to gain approval of the design and complete bid documents for the Courtyard development. • Design Development: See Exhibit A, attached. All disciplines shall utilize existing designs to the extent possible to develop a new coordinated design for the main courtyard that includes security walls, a large canopy at the re-entry to the terminal building as well as smaller canopy(s) at the exit from the Checkpoint. Also design architectural features to tie architecturally the exterior elevations. This effort shall also carefully examine the current landscape design as it relates to relocating existing features so as to save in place as much as can be. A new landscape and irrigation plan shall be developed to incorporate all changes. Work includes all necessary coordination with the fabric roof provider and submittals to the City Architectural review processes, including arendering. • Construction Documents: Preparation of necessary project plans and specifications in City bid documents format and for plan check submission and approval. • Signage and Graphics Design and Construction Documentation for: 1) Courtyard area to provide direction to the traveling public during constriction and after. Task 17 - Preliminary Design, Design Development and Construction Documentation of old checkpoint area of the tenninal building as well as floor and wall coverings design for the existing main terminal building. Sub-Task a: Development of Construction improvements for the interior area of the old checkpoint area of the main terminal building. Emphasis will be to focus arriving passengers on the vistas of the mountains and to not see the new checkpoint area. Design should bring the outside patio and the inside lobby to a proper meeting point in the terminal. Work shall also include selection of new floor coverings for the main terminal as well as paint and wall coverings where needed. • Design and construction documents for the remodel of the old checkpoint area of the terminal to include a counter area for law enforcement. • Design and construction documents for new carpeting throughout the main terminal and paint and wall coverings as needed. DELIVERABLES: Architect and associated sub-consultants to provide full range of services necessary to complete bid documents for the Palm Springs International Airport old checkpoint area remodel. • Preliminary Design: Limit this work to sketches of the old checkpoint area to provide at least two possible schemes for a complete remodel of that area of the terminal building. Scope shall also include development of a counter area for the law enforcement office in the main lobby. • Design Development: All disciplines necessary for remodel of existing building. Scope shall include coordination meeting(s) with the airports food and beverage concessionaire. • Construction Documents: Preparation of necessary project plans and specifications in City bid documents format and for plan check submission and approval, including a rendering. • Sibnage and Graphics and Construction Documents: Review existing signage in old checkpoint area and provide designs to re- locate existing signage or provide for new. Task 18 —Preliminary Design of a modular canopy concept to be implemented in a future phase between the new checkpoint and the new hold-room project. Sub —Task a: Preliminary design of modular canopy construction improvements for the walkway area between the checkpoint and the new regional jet hold-room to include concept approval through the city Architectural design review process. • Preliminary design of a modular canopy system to be deployed at a future time on the walkway to the new hold-room. Said design shall take into account the large tree cover that will be provided as the landscape matures. DELIVERABLES: Architect and associated sub-consultants to provide full range of services necessary to develop a preliminary design concept for a modular canopy system. Work to include a preliminary look at how foundations would be sized and installed. • Preliminary Design: Sketches of at least two concepts of a modular canopy system and how it would be deployed along the walkway from checkpoint to new hold-room. Include application preparation and presentation drawings for submittal to City Architectural Review Process. Task 19—Preliminary Design of a Starbucks coffee kiosk in the main courtyard area. Sub-Task a: Preliminary design of a Starbucks coffee kiosk in the new main courtyard area. This work is to be limited to utilizing the airport concessionaires floor plan and integrating the building into the landscape plan for the courtyard and developing preliminary exterior elevations that tie it to the courtyard design. This work will be turned over to the concessionaire to finalize the design. Preliminary Design of the plot and exterior of a coffee kiosk. DELIVERABLES: Architect to provide necessary services to develop a preliminary design ( plot and elevations) for a new coffee kiosk. • Preliminary Design: Sketches and scalable drawing of design for City review an Architectural Design Review approval. Final product will be turned over to the airports concessionaire for use in developing working drawings. Section 2. Construction Administration services shall be provided by the Architect and all sub- consultants as outlined in the Deliverables of Task 14 more fully described in Amendment 11 to the Agreement Section 3. Exhibit"C Schedule of Compensation, is hereby amended by adding the following: Tasks 15, Task 16, Task 17, Task 18 and Task 19 shall be based on Time and Materials not to exceed $297,970. Actual compensation shall be based on hours worked times the approved hourly rates attached to this agreement. See Exhibit B for an estimated breakdown of the expenditure of the fee. Architect shall submit invoices monthly based on the actual work completed. Reimbursable Expenses are in addition to compensation for the basic services described above. Architect shall submit invoices for the cost of reimbursable expense, which are based on invoices for the cost of the reimbursable plus 10%. However, the actual reimbursable amount shall not exceed $17,800. Section 4. Exhibit"D" Schedule of Performance. is hereby amended by adding the following: 1. Task 15 — Preparation of Constructions Documents for the demolition of Hold- rooms A & B shall be completed so as to be able to bid the work in early August 2007. 2. Task 16 & 17 - Preparation of construction documents and completion of the noted sub-tasks shall be as noted below: a. Preliminary Design: 3 weeks b. Design Development: 4 weeks c. Architectural approval 3 weeks d. Construction Documents 13 weeks c. Plan Check 5 weeks f. Bidding 4 weeks g. Construction Administration 6 months from Notice To Proceed to contractor. Section 5. Full Force and Effect: Except as previously modified herein, all other provisions of the Agreement shall remain unmodified in full force and effect. Section 6. Corporate Authority: The persons executing this Amendment 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 Amendment on behalf of said party, (iii) by so executing this Amendment, such party is formally bound to the provisions of this Amendment, and (iv) the entering into this Amendment does not violate any provision of any other agreement to which said party is bound. IN WITNESS WHEREOF, the parties have executed and entered into this Amendment as of the date first written above. CITY OF PALM SPRINGS _ ATTEST: a municipal corporation i • Clerk City Manager APPROVED S TO FORM: APPROVED BY CITY COUNCIL ByJ L, I�•a0•d�V PAll City At-torn y CONTRACTOR: Check one: individual Pat-nersbip "C orporation Corporaf ns require iwa notarized signa(ures. One Gom each of tc following: A. Chnirma of Board, Presider ,or uny V ice President: and B, Secretar},treasurer,assi nt Treasurer, or Chief Finan al OfTcur. By: r By. Sign a (notarized) ign•to otarized) Name: n! 1PSL L amc: Title: 1Zf Title: State of California County of Q [gs'>Tn }ss. Subscribed and swot to(or affirmed)before me this 1�50�day of .20 01 by personally known to me or proved to me on the basis of �satisfactory ovideence`to,be the persenyi)who appeorod bolorc mt. y�tus i F - t1� MARY K. WOODS Notary Pu Ile Signature Comm.# 1718545 3 NOTARY PUBLIC-CALIFORNIA ORANGE COUNTY _� Mr COMM.EXk JAN.20 2011 j Notary Public Seal CALIFORNIA JURAT WITH AFFIANT STATEMENT I State of California County of1�14 See Attached Document (Notary to cross out lines 1--6 below) ❑ See Statement Below (Lines 1-5 to be completed only by document signer[s], not Notary) Signature of Doournr:m Signor No T S,gnpurc of Clocument Signer No.2(II any) Subscribed and sworn to (or affirmed) before me on this day of �� —by Dnr MDnlh yea, Nome of 3l9ner Personally known to me ❑ Proved to me on the basis of satisfactory evidence to be the person who appeared before me (and (2) N)mo of Si r n Personally kn n to ❑ Proved to me a basis of satisfactory evidence to \he o ho peared before me.) _ Signature o 01 3V Pubk� Place Notary Seal Above OPTIONAL Though the rnformedon below is not required by law it may prove _ valuable to persons relying on the documenr end Could prevent _ fraudulent removal and rearraehmenl of this form to another dorumen( Top of Thumb hen• Top of rhumb here Further Description of Any Attached Title or Type of Pao/-c7u�m�+en�u�+ Document Dale�" �7 Number of Pages: Slgnar(s)Other Than Named Above ` + `l'�vrj1 020U4 National Notary AssonaLon-9350 Do Soto Ave. P.O.Box 2402-Chals.wh cA 91319-G402•www NationelNolnry erg Il,.m$5910 Reorder Call Toll-Free 1-800-919-C927 EXHIBIT"A" I � ' SoLJ LJ r C UIMN El ❑ I 1 ❑ .2 I r .n. EXISTING EXISTING HOLOROOM HOLOROOM A g 04 TAyKy ------ --, f% - 0 = _ o `Y EXISTING, U �R„ TERMINAL 70, BUILDING j EXHIBIT B Page I of 3 Gensler-Palm Springs Airport-Fee proposal Schematic Design I Construction Bidding Construction Total Design Development Document Admin. Existing Hold Roam Demolition I Landscaping Gensler Architecture $ 12,000 00 $ 600.00 S 3,600.00 S 16,200.00 Levine Seegel MEF $ 3.000.00 $ 900.06 S 3,g00.00 prand=Johnston Structural $ 5,300,00 S 1,0o0.00 s 6,30o.00 Michael Buccino Landscape $ 2,500.00 S 500.00 $ 1,000.00 IS 4,000.00 $ 22,800.00 $ 1,700.90 S 6,500.00 Fee Tots S 39,400-90 Reimbursable Estimate S 2,5oDA0 Courtyard Landscape I Canopies I Terminal Entry I Terminal Finishes Architecture I Gensler Graphics $ 16,500.00 $ 22,500.00 $ 25 500.00 S 900,00 $ 30,000.00 $ 95,400.00 Levine Seegel MEP $ 3,300.00 $ 4,400.00 $ 9,900.00 $ 8,900,00 $ 26,500,00 Structural Brandow Johnston Engineering $ 16,900.00 S 9,500.00 S 26.400.00 Michael Buccino Landscape $ 5,000.00 $ 5,00000 S 35,000.00 S 2,500,00 $ 9.000,00 S $6,500.00 VSA Civil Engineering S 9,00000 $ 10.000.00 $ 13,000,00 S 3,000,00 $ 35.000.00 Finish Hardware Hardware Technologies Specifications S 33,800.00 S 47,960.90 S 107,900,00 $ 3,400S 770.00 $ 1,870.00 JMD CCTV/Seounty ,50 $ 1,50. S8,0, 00-00 $ 62670 .00 , 0 Fee Tota S 249,670,00 Reimbursable Estimate $ 12,300.06 Canopies on walk way to Regional Jet Hold-Room. Genslerl Architecture $ 7,820.00 $ 7,820.00 Brendow Johnston Engineering $ 1,000.00 S 1,000,00 Fee Totaq$ 8,8Z0.00 Reimbursable Estimate $ 7,500.00 ConcesSlon Concept Design. Gerislerl Architecture $ 9,080.00Fe Toa $ 080.00e t Reimbursable Estimate S 1,500A0 Total Fe $ Z97,970.00 Total Reimbursable $ 17,800.00 EXHIBIT B Pace 2 of 3 Hourly Rates Gensler- Palm Springs Airport -2007 Firm Title Rates Gensler Architecture Project Principal $ 250.00 Sr. Project Architect $ 165.00 Project Manager $ 150.00 Project Architect $ 150.00 Sr. Designer $ 160.00 Designer $ 110.00 Administration $ 65.00 Levine Seegel MEP Engineering Principal $150.00-$165.00 Senior Associate $115.00-$130.00 Associate $105,00-$114.00 Designers/Engineers $87.00 - $104,00 Draftsperson $69.00 - $86.00 Word processors $56.00 - $68.00 Brandow Johnston Structural Engineering Principal $200.00-$230.00 Project Manager $135.00-$195.00 Project Engineer $100.00-$140.00 Design Engineer S75.00 -$100.00 CAD Designer $110,00-$125.00 CAD Technician $60.00 -$105,00 Michael Buccino Associates Landscape Architecture Principal S 185.00 Design Assistant $ 85.00 Secretarial $ 35.00 VSA Civil Engineering Principal $ 120.00 Senior Design Engineer $ 110.00 Design Engineer $ 100.00 Project Engineer/Const. Ct $ 90.00 Engineering Technician $ 80.00 Graphics/CAD Tech. $ 70.00 Clerical $ 60.00 Finish Hardware Technologies Hardware Specifications Principal/Engineer $ 110.00 Administrative $ 55.00 JMD CCTV/Security Design Principal Engineer $ 125.00 Senior Electrical Engineer $ 115.00 EXI-11131T B Page 3 of 3 Construction Administratio $ 100.00 Project Engineer $ 90.00 Design Engineer $ 87.50 CAD Operator $ 62.50 Clerical $ 50.00 Hourly Rates Subject to Change Annually on Jan 1. EXHIBIT "C" SPECIAL REQUIREMENTS Architect has been hired to perform the services described in the Amendment, which include the creation of one or more designs, drawings, or plans ("Designs"). Architect acknowledges that City has budgeted the amount of Pour Million lour Hundred Thousand ($4,400,000) for the construction phase of the Project Task 15, Task 16 and Task 17 ("Construction Budget"). Architect shall be responsible to do Project estimating to create Designs which will enable the Project to be constructed within an amount which shall not exceed the Construction Budget by more than ten percent (10%). Should City solicit bids for construction of the Project, as such project has been designed by Architect, and the lowest responsible bid exceeds the Construction Budget by more than ten percent (10%), Architect agrees to revise the previous Designs, or to create new Designs, at no cost to City, so that a new price can be negotiated or the Project can be re-bid so that the Project does not exceed the Construction Budget by more than ten percent (10%). Notwithstanding the foregoing,Architect is not responsible for changes in the Project scope initiated by City and all such changes shall include appropriate mutually agreed changes to the Construction Budget. Section 4.3: Prohibition Against Subcontracting or Assignment: Architect may Subcontract with Brandow & Johnson, Levine/Seegel, Michael Buccino & Associates, VSA Airports,JMD Engineering and Finish Hardware Technology. T CITY OF PALM SPRINGS Expand Terminal/Expand Hold-room- Checkpoint Phase III (Part 2) CHANGE ORDER To: Gensler Date. March 7,2007 2500 Broadway Suite 300 Project No CP05.010 Santa Monica, Ca 90404 Project Name: Design Terminal Hold-room (Part 2) Change Order No. 03 AIP 38 Attn: Andy Cohen, FAIA Contract No.A4382 (Amend No. 11) bescriotion of Change: This Change Order is for Structural Engineering Extra Services related to the airport Hold room project. Specifically for continued Construction Administration Services,signage foundation and retaining wall foundation design work. Summary of Cost/Time Original Contract Price $ 828,795-08 Total of all Previous Change Orders $ 158,160.00 Total of this Change Order $ 12,000.00 Total Contract Price $ 998,955.08 This Change Order(llaereases)(deerea5es} (unchanged) the contract time by 0 working days. I have received a copy of this Change Order Construction iniptr, t � 7 and the abo e AGREED PRICES are acceptable Approval: Date: . 0 to the cont r ctor. By: --- Aviation Department Approval. Title: T(7(r.a-c t FAL /-34� Aort Con Approved by: Date: Z t uction Adminniist ato City Approval, APPROVED BY CITY COUNCIL City Clerk ' Date: 1 / City Manager Distribution: Original Conformed Copies Conformed - File Copy City Clerk (1) Contractor (1) Procurement& Contracting (1) FAA (1) Finance (1) Airport File (1) Page 1 of 1 1V'i�i/Cro ��,GF���WjZSMT February 12,2007 el rr/ntrmo c, D6;4,77 Cr Punning IVOo'Id¢lide S7�C JD vC Mr. Allen Smoot Palm Springs International Airport 3400 E.Tahquitz Canyon Way, Suite OFC Palm Springs,California 92262-6966 Subject:Palm Springs International Airport Security Expansion, Structural Engineering Extra Services Request 05.0201,022 Dear Allen: Gensler is requesting Extra Services on behalf of 13randow Johnston for structural engineering items related to the Hold Room D project(Please II of Amendment 11)at Pahn Springs International Airport.The request is divided into the following categories: 1) Continued Construction Administration Services- This is to allow Brandow Johnston to provide continuing services during the construction administration phase.Included in this service will be 2 site visits to observe the progress of construction(16 hours)and responses to current and future requests for information(39 hours). 2)Signage foundation.This is for the design of a structural footing to support the freestanding signage that will be located between the Checkpoint and Hold Room D. 3)Retaining wall.Erandow Jolmston will provide the structural design of the retaining wall to be located between the Check Point and the Hold Room. The wall will be designed to retain a maximum of 4 1/2'of earth. Fee:This service will be billed on an hourly basis using the established hourly rates for this contract. Item Hrs Fee 1 Continued Construction Administration services 55 $10,170 3) Sip tooting design 6 $950 4)Retaining Wall design 3 $380 Total Labor Fee S 11,500 Reimbursable Expenses 5500 Total Fee and Reimbursable $12,000 Please g e me a call if you have any questions. Sincerely, Keith Thompson Principal Suit Broadway Suite goo KAT/inn 5}uui A'10"HII Ca11101111a 90404 M\05.0201022\Oocumcncacion\I Gen�gal\IC\LT070212 ES due el:3io. 1,19 5600 Par:310.449. 5850 CITY OF PALM SPRINGS Expand Terminal/Expand Hold-room- Checkpoint Phase III (Part 2) CHANGE ORDER To: Gensler Date: February 14,2007 2500 Broadway Suite 300 Project No. CP05-010 Santa Monica, Ca 90404 Project Name: Design Terminal Hold-room (Part 2) Change Order No. 02 AIP 38 Attn: Andy Cohen, FAIA Contract No.A4382(Amend No- 11) Description of Change: This Change Order confirms the additional design service to complete interior materials, color and furniture selection per the Gensler Proposal dated January 23, 2007,for the Regional Jet Terminal. Summary of Cost/Time Original Contract Price $ 828,795-08 Total of all Previous Change Orders $ 150,000.00 Total of this Change Order 5 8,160.00 Total Contract Price $ 986,955.08 This Change Order(-increases)(deereases) (unchanged) the contract time by 0 working days. I have received a copy of this Change Order Construction and the above AGREED PRICES are acceptable Approval: Date: to the con tractor- By:s : Aviation Department Approval: Title: P�+` I��t Pis� Approved by: LLIV Date. Z 5 D Date:_ — L Airport Construction Administrator' City Approval: ter'_q� b �'z City Clerk APPROVED BY CITY COUIIIU Manager _ - Distribution: Original Conformed Copies Conformed - File Copy City Clerk (1) Contractor (1) Procurement&Contracting (1) FAA (1) Finance (1) Airport File (1) Page 1 of 1 CITY OF PALM SPRINGS Expand Terminal/Expand Holdroom-CheckPoint Phase III (Part 2) CHANGE ORDER To: Gensler Date: 3 October 2005 2500 Broadway Project No. CP05-10 Suite 300 Project Name: Expansion/Holdroom-Security Checkpoint Phase Santa Monica, CA. 90404 III (Part 2)-Design/Engineering Services Change Order No. 1 Attn: Mr.Andrew P. Cohen, FAIA Contract Purchase No.A-4382 (Amendment No. 11) Account No. Description of Change: This change order confirms the additional architectural and engineering fees for re-design effort. These costs are for the additional labor and materials for the re-design and submittals to the Architectural Review Board, construction document revisions and consultant j coordination from May 9 to July 12, 2005. Design Development: $ 53,980.00 Construction Document: $ 88,000.00 Coordination: $ 8,020.00 Total $150,000.00 I i AUTHORIZATION FOR CHANGE: I Summary of Cost/Time ' Original Amendment Price $ 828,795.08 Total of all Previous Change Orders $ 0 Total of this Change Order $ 150,000.00 Total Amendment Price $ 928,795.08 This Change Order(increases) (decreases) (unchanged) the contract time by zero 0 working days. I have received a copy of this Change Order Construction anager: and the above AGREED PRICES are acceptable Approval: ,0 8- Date: a f�— to the contractor. f Parsons j Aviation Departm nt Approval: By: Reviewed By: Ql l Date: ��.R6e .°�r� tV Assistant Aviatio Director- ' Nera 119 " I Title: a ,n ' Approved by: Dare: j Date: Cl -,4 4 Aviation Director City Approval: _ �-Date: f ,..,4a:.➢.'r t,.—:dam-..� 'tb � . APPROVED BY CRY COUNCIV/ City Clerk City Manager Distribution: Original Conformed Copies Conformed - File Copy City Clerk (1) Aviation Director (1) Contractor (1) Procurement & Contracting (1) Finance (1) Parsons tE9)JGlVV%L i3ll" City of Palm Springs: Palm Springs International Airport Phase 3,Part 2:Holdroom,Plaza,Walkway Design 05.0201.022,Amendment 11 Additional Service Re-Design Fee Summa Arc hitectury ral Hours Totals M r rallElectrical/Plumbing Boo $ 101,580 Structural 120 $ 16,000 Total Fees 186 $ 24,400 Total Expenses 1,106 $ 141,980 services $ 8 020 $ 1501000 Gensler 10/6/2005 City of Palm Springs:Palm Springs International Airport Phase 3,Part 2:Holdroom,Plaza,Walkway Design 05.0201.022,Amendment 11 Architectural Description of Work Avg.Hours Rate Fee Totals Redesign,Submittals to Architectural Review Board Re-Design,Rendering and Presentelon 220 $ 130 $ 28,600 $ 28,600 Consultant Coordination Re-Coordinals and Re-analyze Archrtecwral,Structural,MIE/P Changes wth Consulting Engineers,including Bird Air far Walkway Canopy Revisions 96 $ 130 $ 12,480 $ 12,480 Construction Document Revisions Sheets: AG01 Cover S 125 $ AG02 Drawing Index,Vicinity Map,Project Information New Sheets Added fargdditional(Symmelrnap Fabric Structure at North End of Mani Courtyard! 4 3 125 5 500 AA00.01 Graphic Symbols&Materials Legend - $ 125 $ - AA00.10 General Notes $ 125 $ AA00.30 Door Schedule Revise Door Heghls and Locations in Courryard6 Hold Room,aaectetl by new Mechanical locations 6 $ 125 $ 1,000 AA00.31 Finish Schedule Revise Fmishes,New Material Research(no fabric coding,no ame fascia) 12 $ 125 $ 1,500 AA00.40 Accessibility Requirements - $ 125 $ AA00.41 Accessibility Requirements $ 125 $ - AA00 50 Overall Site Plan 8 $ 125 $ 1,000 AA01.00 Overall Demolition Plan $ 125 $ AA01.00A Overall Demolition Plan-Zone 00 - S 125 $ - AAD2.00 Overall Construction Zone Plan Reconggungron of eowtyard due to new Mechanical locations,re-omire zones 8 $ 125 $ 1,000 AA02 ODA Site Section couryard MOEifcalmns AA02 DOB ExitingPlan 8 5 125 $ 1,000 Courtyard Motligcalions 8 $ 125 $ 1,000 AA0201 Floor Plan-Zone 1 - $ 125 $ AA0202 Floor Plan-Zone 2 - S 125 $ AA02.03 Floor Plan-Zone 3 courtyard Modifications 8 $ 125 $ 1,000 AA02.03A Enlarged Toilet Room Plan Impact from courtyard and Covered Walkway Modifications 12 $ 125 $ 1,500 AA02 04 Floor Plan-Zone 4 _ $ 125 $ AA03.00 Overall Roof Plan New Scheme.Revised Zone Area to m=hide Adtlmonal(symmelricap Fabric Structure at North end of Main Courtyard 10 It 125 $ 1,250 AA03 01 Roof Plan-Zane 1 Additional(symmetncap Fabric Sithi at Noah end of Main Courtyard Need to add another sheet 8 It 125 $ 1,000 AA03.02 Roof Plan-Zone 2 Covered Walkway Modifications 12 $ 125 $ 1,500 AA03.03 Roof Plan-Zone 3 Covered Walkway Modifications 12 $ 125 S 1,500 AA03.04 Roof Plan-Hold Room Newscheme 16 $ 125 $ 2,000 AA03.04A Roof Plan 2-Hold Room Newscheme 12 $ 125 $ 1,500 AA04.02 Reflected Ceiling Plan-Zone 2 8 S 125 $ 1,000 Gensler 2 10/6/2005 City of Palm Springs: Palm Springs International Airport Phase 3,Part 2 HCldrocm,Plaza,Walkwav Design _ 05.0201 022,Amendment 11 Architectural(confd.) Description of Work Avg. H u R t Fee Totals AA04.03 Reflected Ceiling Plan-Toilet Rooms 6 $ 125 $ 750 AA04.04 Reflected Ceiling Plan-Hold Room Newscheme 16 $ 125 $ 2,000 AA05.04 Finish Plan-Hold Room New Design of Fayade and Entry Plan(Groins 01) 8 $ 125 $ 1,000 AA06.04 Power and Communications Plan-Hold Room New Design or Fayade and Entry Plan(Chains 01) 8 $ 125 $ 1,000 AA07.04 Floor Finish Plan-Hold Room New Demgn of Fayade and Entry Plan(Gnahne Dt) 12 $ 126 $ 1,500 AAD9.01 Exterior Elevations-Security Checkpoint Additional(Symmeldca)Fabric stmcture al North end of Main Courtyard,Need to add another sheet 12 $ 126 $ 1,500 AA09.02 Exterior Elevations-Hold Room New Design of Fayade and Entry Plan(Gridline of),New Materials,New WE Locations 16 $ 126 $ 2,000 AA09.03Exterior Elevations-Toilet Room Building Impact from Counted and Covered Walkway Modifications,request to comply with new Hold Room Roof Prone 12 $ 125 $ 1,500 AA09.04 Courtyard Elevations Impact from Courtyard and Covered Walkway Modifications 16 $ 125 $ 2,DDD AA09.11 Building Section-Hold Room New Design of Roof,Fayade and Entry Plan(Curios or),New Materials,New MIE Locations 16 $ 125 $ 2,000 AA0912 Building Section-Toilet Rooms Impact from Courtyard and Covered Walkway Mcdoia-tons,equesl Is comply with new Hold Room Roof Profile 16 $ 125 $ 2,000 AA09.18 Building Sections-Walkway Canopy New Design as requested(net) 16 $ 125 $ 2,000 AA09.19 Building Sections-Walkway Canopy New Design as requested(let) 16 $ 125 $ ,000 AA09.21 Wall Sections New Design of RaoflCletory,res Fayade and Entry Plan(Cushitic01),New Materials,New MELocations 24 $ 125 $ 3,000 AA09.22 Wall Sections New Design of RaoflClerestory,Fa4ade and Entry Plan(nudism,or),New Materials,New WE Locations 16 $ 125 $ 2.000 AA09.25 Wall Sections Impact from Courtyard and Covered Walkway Modifications,request to comply win new Hold Room Roof Prafle 6 $ 125 $ 1,000 AA l.D1 Interior Elevations New Profile based an New RootlClereslory,Entry design,new materials(colbmn enclosure details),new WE locations 16 $ 126 $ 2,000 AA11.02 Interior Elevations Request to comply in new Hold Room Roof Profile 16 $ 125 $ 2.000 AA12.00 Wall Types Material Changes,Wall prvfiies,Re-lagging of Plans due to Plan Modifications 6 AA12.01 Wall Types Revise Existing and Provide New Courtyard Wan Types $ 125 $ 1,000 AA12.02 Wall Details 8 $ 125 $ 1,oa0 $ 125 $ - AA12.03 Door Details $ 125 $ AA12.04 Misc.Details $ 125 $ AA12.05 Floor&Base Details New Design of Fapade and Entry Plan(Gridline Df),New WE Locations 16 $ 125 $ 2,000 AA12.08 Exterior Details New Design of Fa4ade,Raoul erestory Pmnle and Wall seclan Maeincations require new details 16 $ 125 $ 2,000 AA12.10 Precast Details New Fagadd and Roof Design rendered existng details obsolete,requires new details 16 $ 125 $ 2,000 AA12.15 Ceiling Details Modifications rased on new Clerestory Design 16 $ 125 $ 2,000 AA12.20 Millwork Details AAPH03 Phasing Plan-Phase 3 - $ 125 $ - AAPH04 Phasing Plan-Phase 4 - $ 125 $ - AAPH05 Phasing Plan-Phase 5 $ 125 $ AAPH06 Phasing Plan-Phase 6 $ 125 $ AAPH07 Phasing Plan-Phase? $ 125 $ $ 125 $ 484 $ 60,500 $ 60,500 Total Architectural Soo $ 101,580 Gensler 3 10/6/2005 City of Palm Springs:Palm Springs International Airport Phase 3,Part 2:HDldroom,Plaza,Walkway Design 05.0201.022,Amendment 11 Mechanical,Electrical,Plumbing Engineering Services Description of Work Avg• Hour Rat Fee Totals_ Consultant Coordination coordinate and analyze WDP changes with architectural&swctural 14 $ 143 $ 2.000 $ 2,000 M/E(P Engineering of Revisions Engmeer(celculate and analyze)new Mechancal locations on ground,neweleclricolrccm lDcatmn 30 $ 150 $ 4,500 $ 4,500 Construction Document Revisions Sheets: M0.01 Revise Schedule sheet M02.06 ma 4 $ 125 $ 500 - $ 125 $ M02.W Revise Air Distribution/Locale Units on Floor add Route Duclvork 24 $ 125 $ 3,000 M0.02 Revise Detail sheet 2 $ 125 $ 250 P0.01 Revlse Legend sheet 3 $ 125 $ 375 P201 Revised First Floor Plans 9 $ 125 $ 1,125 E00.01 Revise Crown, 2 $ 125 $ 250 E01.01 Revise She Plan 4 $ 125 $ Soo E0207L Revise Electrical Lighting Plan 10 $ 125 q 1,250 E02 07P Revise Power Plan per new Electrical Room Localicn 13 $ 125 $ 1, 5 37 E02.075 Revise security Plan 3 q 125 $ 375 E02.07R Revlse Roof Plan per New Design 2 $ 125 $ 250 Total MEP 75 $ 9,500 $ 9,500 120 $ 16,000 Gensler 4 10/fi/2005 City of Palm Springs: Palm Springs International Airport Phase 3,Pan 2 Holdroom,Plaza,Walkway Design 05.0201.022,Amendment 11 Structural Engineering Services Avg. Description of Work Hours Rate Fee Totals Consultant Coordination Coordinate and analyze struclural changes with architecture 6MER 12 $ 158 $ 1,900 $ 1,900 Structural Engineering of Revisions 30 Building re-analysis 32 $ 141 S 4,500 $ 4,500 Construction Document Revisions Sheets: 501.01 Revise General Notes B Details 6 $ 125 $ 688 S01.02 Revise Footing and Grace Beam Details 8 $ 125 $ 1,000 S01.03 Revise sections and Delmis 8 $ 125 $ 1,000 S01.04 Foundation Reads(Demo,Anchavagel tar Adddmnel Peter Slrvtlme,North End Main Courtyard 16 $ 125 $ 2,000 S01.05 Revise sections and Details 6 $ 125 $ 1,13D0 S02.00 Courtyard Foundalion Plan For Adatemel(SymmetncaQ Fabna Slmclure,North End Main Courtyard 8 $ 125 $ 1,00D SD2.03 Revise Ground Floorand Fcudnalsm Plan 8 $ 125 $ 1,000 S02 04 Revise Root Framing Plan-Hold Roam D 10 $ 125 $ 1,250 S02A5 Revise Butting Section and Odhogmal View 8 $ 125 $ 1,000 S02.05 Toilet Room Framing 8 Foundation Plans,Elevations and Odhagonal View 8 $ 125 $ 1,000 S03.02 Revise Moment Frame Elsvatiame 6 $ 125 $ 750 S03 03 Rii Moment Frame Elevators 6 $ 125 $ 750 S03,04 Revise Building section and Orthogonal View 6 $ 126 $ 760 SiD4.01 Revrse Wall sections 16 § 133 $ 2,133 SO4.02 Revrse Toilet Room Wall section a Details 8 $ 125 $ 1,000 S05.01 Revise Walkway S cola no and Details 12 $ 140 $ 1,660 142 $ 18,000 $ 18.000 Total Structural 186 $ 24,400 Gli ni 5 10/6/2005 CONTRACT ABSTRACT Contract Company Name: Gensler Company Contact: Andrew Cohen Summary of Services: Change Order#1 to Amendment#11 Contract Price: $150,000.00 Funding Source: AIP 37: 415-6600-56062 Contract Term: No change Contract Administration Lead Department: Aviation Contract Administrator: Steve Zehr i Contract Approvals j Council/ Community Redevelopment Agency Approval Date: 11/2/05 i ! Minute Order/ Resolution Number: M07770 I i Agreement No: A4382 i i Contract Compliance i Exhibits: Yes i Signatures: Yes I Insurance: Yes Bonds: N/A Contract prepared by: Steve Zehr „��• Submitted on: 11/22/05 By: Anet'866k }I I of PAl,ti S, r; p'p L� V w h M E M O R A N D U M M 4ab'.Yf.U't'^ i TO: Steve Zehr Assist. Director of Aviation FROM: p�Kathie Hart, CIVIC i� Chief Deputy City Clerk DATE: November 29, 2005 SUBJECT: Gensler 'I CO 1 to A4382 cc: File Attached are three duplicate originals of the above referenced agreement. I have retained the original for our files. Please feel free to contact me if there are any questions and/or if additional information is necessary, ext. 8206. I /kdh attach. Gensler Architectural Design Services Amendment 11 AGREEMENT#4382 MO 7645, 3-16-05 AMENDMENT NO. 11 AGREEMENT NO 4382—ARCHITECTURAL SERVICES THIS ELEVENTH AMENDMENT to Agreement No. 4382 for contract services, (herein "Amendment") made and entered into on the day of k1)(XVIT 2006,by and between the CITY OF PALM SPRINGS (herein "City") and GENSLER (herein "ARCHITECT") is hereby amended effective M�) V �b �0©j , as follows: RECITALS The City and Architect entered into that certain Contract Services Agreement No 4382 for Architectural Design Services ("Agreement"), as duly amended from time to time. The parties wish to amend the Agreement pursuant to the terms of this Amendment to add additional services to be performed by the Architect and increase the Contract Sum to authorize payment for such additional services. NOW, THEREFORE,the parties hereto agree as follows: Section 1 Exhibit "A" Scope of Services, is hereby amended by adding the following Task 12, Task 13, Task 14 and associated sub-task items: Task 12—Design Development and Construction Documentation of Passenger Holdroom `D' related to aviation security. Sub-Task a: Development of construction improvements for a new Hold Room to the terminal facility, including, concept approvals, design development, and construction documents and specifications, in accordance with Transportation Security Administration (TSA) standards. • Addition of one (1) enclosed passenger hold room at South end and toilet facilities, to replace existing temporary hold rooms and existing south hold room. • Modifications to existing walkways and roof canopies to accommodate new construction. • Addition of an exterior, covered walkway that extends from the new Security Expansion area to the new south hold room area and adjacent landscape therein. ORIGINAL DELIVERABLES: Architect and associated sub-consultants to provide full range of services necessary to complete bid documents for the Palm Springs International Airport Passenger Hold Room `D', as depicted in Attachment A to this amendment. • Design Development: All disciplines necessary for construction of the buildings and surrounding landscape. Scope includes all necessary coordination with the fabric roof supplier. • Construction Documents: Preparation of necessary project plans and specifications in City bid documents format and for plan check submission and approval. • Signage and Graphics Design and Construction Documentation for: 1) Hold Room Identification Signage 2)Public Information Display System (PIDS) housing and identification; 3) Interior Gate Identification Signs 4) Operational/Non- public room identification; 5) One (1) "coming soon" sign design 6)Temporary wayfinding signs in and to construction walkways; 7)Restroom and other public areas identification. Task 13 —Design Development and Construction Documentation of exterior courtyard between Bono concourse and existing terminal. Sub-Task a: Development of construction improvements for an exterior courtyard and walkway for the terminal facility, including, concept approvals, design development, and construction documents and specifications, in accordance with Transportation Security Administration (TSA) standards • Re-Design and Construction Documents for Landscaping of exterior courtyard between Bono concourse and existing terminal • Re-Design and Construction Documents for canopies and signage in exterior courtyard between Bono concourse and existing terminal DELIVERABLES: Architect and associated sub-consultants to provide full range of services necessary to complete bid documents for the Palm Springs International Airport Passenger Courtyard Expansion, as depicted in Attachment A to this amendment. • Design Development: All disciplines necessary for construction of the buildings and surrounding landscape. Scope includes all necessary coordination with the fabric roof supplier. • Construction Documents: Preparation of necessary project plans and specifications in City bid documents format and for plan check submission and approval. • Signage and Graphics Design and Construction Documentation for: 1) Security entrance identification; 2)TSA Regulatory Signage at Security; 3) Wayfinding and information signage along walkways; 4) Public Information Display System (PIDS) housing and identification; 5) Integrated courtyard wayfinding signage; 6) Operational room identification; 7) One (1) "coming soon" sign design; 8)Temporary wayfinding signs in and to construction walkways; 9) Restroom and other public areas identification. Task 14—Construction Administration Services for Passenger Screening Checkpoint, TSA Offices,Main Courtyard, Hold Room D, Connection Walkway and Improvements related to aviation security. Sub-Task a: Development of construction improvements for a new Hold Room, Walkway and Exterior Courtyard, including, concept approvals, design development, construction documents and specifications, bidding and construction administration, in accordance with Transportation Security Administration (TSA) standards. • Addition of one (1) enclosed passenger hold room at South end and toilet facilities, to replace existing temporary hold rooms and existing south hold room. • Modifications to existing walkways and roof canopies to accommodate new construction. • Addition of an exterior, covered walkway that extends from the new Security Expansion area to the new south hold room area and adjacent landscape therein. • Re-Design and Construction Documents for Landscaping of exterior courtyard between Bono concourse and existing terminal • Re-Design and Construction Documents for canopies and signage in exterior courtyard between Bono concourse and existing terminal DELIVERABLES: Architect and associated sub-consultants to provide full range of services necessary to support the Construction for the Palm Springs International Airport Security Checkpoint Expansion and Courtyard Modifications as depicted in Attachment A to this amendment. • Permit Application • Constriction Administration services: o Perform monthly site visits & attend construction meetings o Provide written and/or graphic interpretations and clarifications of the Constriction Documents (RFI's) o Facilitate communication between Design Team, Owner, Construction Manager and Contractor. o Issue Bulletins to, authorize minor changes in the Work, issue supplemental instructions, confirm Field Orders or request proposals for changes in Work o Review Submittals including Samples, Product Data, Shop drawings and other submittals. o Preparation of Change Order documentation, as required, for Owner review and approval. o Conduct field review and develop punch list of outstanding items in conjunction with Owner and Construction manager. o Issue Certificate of Substantial Completion. o Conduct field review for Final Completion and Project Close-out. Section 2 Exhibit"C" Schedule of Compensation, is amended by adding the following: • Task 12,Task 13 and Task 14 shall be a lump sum, not to exceed$753,450. Actual compensation shall be based on hours worked times the hourly rate (see Attachment B), but not exceeding the $753,450. Architect shall submit invoices monthly based on the percentage completion of Work for reimbursement. NOTE: These fees exclude Fixtures, Furniture and Equipment (FF&E), security equipment and separate bidding and permitting packages. • Reimbursable Expenses are in addition to compensation for basic services and shall not exceed$75,345. Reimbursable expenses include items such as plotting and printing, postage and delivery and mileage and parking. Architect shall submit invoices for the cost of the reimbursable expense, which are based on amounts invoices to Architect plus 10%. However, the actual reimbursable amount shall not exceed$75,345. Section 3 Exhibit"D" Schedule of Performance, is amended by adding the following: 1. Tasks 12, 13 and 14—Preparation of construction documents and completion of the above noted tasks shall be as noted below, effective per the start date of 2/9/05: a. Design Development—5 weeks b. Construction Documents— 12 weeks c. Agency Approval—6 weeks d. Construction Administration— 12 months or Final Completion of the Work. 2. Progress payments shall be made as invoiced by the Architect and shall be based on the percentage completion of services provided. Architect shall develop and maintain a cash flow chart for throughout the duration of this project. Section 4 1. Full Force and Effect. Except as previously modified herein, all other provisions of the Agreement shall remain unmodified in full force and effect. Section 5 1. Corporate Authority. The persons executing this Amendment 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 Amendment on behalf of said party, (iii)by so executing this Amendment, such party is formally bound to the provisions of this Amendment, and (iv) the entering into this Amendment does not violate any provision of any other agreement to which said party is bound. IN WITNESS WHEREOF, the parties have executed and entered into this Agreement as of the date first written above. CITY OF PALM SPRINGS -ATTEST: a municipal corporation /'iry Clerk City Manager APPROVED BY CITY COUNCIL MD ����✓ __?� lho� G1d��jS� APPROVED 4S TO FORM: iC t Attorne Y Y CONTRACTOR: Check one:_IndividuaL_Partnership:_Corporation Corporations require two notarized signatures: One from each of the following: .Chairman of Board,President,or any Vice Presidenl: D B.Secretary,Assistant S cretary,Treasurer,Assistant Treasw ,or Chief Financial Officer. By. GSignat/u/re(notarized) gn notarized) Name: Sfephanie E. Koenig Name: Keith Thompson Title: Principal,CFO Title: Principal On behalf of Andrew P.Cohen,Managing Principal of the Los Angeles Regional Office California Registration Number C 12855 M:\05.0201.022\le\amendment 11. final CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of County of 1-,q> On M before me, de_3 v1 C� -0- ✓� c °� - Date Name and Title of Officer(e g "Jane Doe,Notary Public") personally appeared �fe(� I�Dahie- r-op-hif)l CU• d �pi-�i -1 in►�So� " + Name(.)oTt,gn.r(x) personally known to me-OR-❑ proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by c his/her/their signature(s) on the instrument the person(s), r PATRICIA A. DECKETZ or the entity upon behalf of which the person(s) acted, COMM.#j, , ,aa..a•a„ UMz S NOT RYYPUBLIC-CALIIFORNIA@ 386821 executed the instrument. LOS ANGELES COUNTY O w COMM.EXP.No � WITNESS my hand and official seal. J Ee t lSig—a_� Signature of Notary Public i OPTIONAL Though the information below is not required by law,it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: `!I Document Date: Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: Signer's Name: ❑ Individual ❑ Individual ❑ Corporate Officer ❑ Corporate Officer Title(s): Title(s): ❑ Partner—❑ Limited ❑ General ❑ Partner—❑ Limited ❑ General ❑ Attorney-in-Fact ❑ Attorney-in-Fact ❑ Trustee ❑ Trustee ❑ Guardian or Conservator ❑ Guardian or Conservator To of thumb here To of thumb here ❑ Other: a ❑ Other: P Signer Is Representing: Signer Is Representing: 91994 National Notary Association•8236 Remmet Ave,P.O.Box 7184•Canoga Park,CA 91309-7184 Prod No.5907 Reorder Call Tall-Free 1-800-876-6827 a 4 o -001 ...... .. ... . .. --AL, t � s r X . O O•o 001, Attachment A Terminal Site Plan Amendment 11 Improvements March,2005 Palm Springs International Airport 05.0201.022 Consultant Hourly Billing Rates March 22,2005 Note: Hourly rates are subject to annual increases Gensler Architectural Services Director $300.00/Hr. Principal $190.00—275.00/Hr. Senior Associates $130.00— 185.00/1-1r. Associates $100.00—125.00 Hr. Designers/Engineers $100.00—165.00 Hr. Draftspersons $70.00—95.00 Hr. Brandow & Johnston Associates Structural Engineering Services Principal $160.00—190.00/Hr Stuctural Engineer $108.00—150.00/Hr. Civil Engineer $88.00-$120.00/Hr. Engineer/Technical $75.00—85.00/Hr. CAD Drafter $55.00— 100.00/Hr. Levine /Seegel Associates Mechanical, Electrical, Plumbing Engineering Services Principal $150.00—165.00/Hr. Senior Associates $115.00—130.00/Hr. Associates $97.00— 114.00/Hr. Designer/ Engineers $83,00—96.00/Hr. Draftspersons $58.00—82.00/Hr. Wordprocessors $51.00—68.00/Hr. M:\05.0201.022\DxLtmentaVion\l-jGeneral\1 F\PSP Consultant Billing Rate.doc ATTACHMENT "B" Cont: Michael Buccino Associates Landscape Architect Principal $150.00-$195.00/Hr. Designer $95.00-$145.00/Hr. Assistant $75.00-$95.00/Hr. Secretarial $35.00/Hr. Hanscomb, Faithful & Gould Cost Estimators Principal $170.00/Hr. Manager $150.00/Hr. Project Manager/Senior Estimator $125.00—145.00/Hr. Cost Estimator $100—140.00/Hr. Technical and Professional Staff $75.00—130.00/Hr. Clerical and Administrative Staff $40.00—50.00/Hr. Scheduler(Senior) $140.00/Hr. Project Controls Manager $125.00/Hr. M:\05.0201.022\Dooumentation\I—General\I RPSP Consultant Billing Rate.doc 04-04-05 03:30pm From-GENSLER + A k M- T-G9G P.07/07 F-294 AC( AM CERTIFICATE OF LIABILITY INSURANCE 0470woft I 03131( 12005 PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION i_OmonCompaNds ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE 444 W.47M Eno,Sulto 900 HOLDER.THIS CERTIFICATE DOES NOT AMEND, EXTEND OR Kansas City Mo 64112.1%6 ALTER THE CQYEHAGE AFFRPREP 13Y THE POLVE$@FLOW (d16)960 9000 INSURERS AFFORDING COVERAGE x6UREO GENSI.EA INSURER A-74JRICH.AMERICAN INS CO-(GS _ 1026104 TWO HARRISON STREET,SUITE 400 Ins�PpH H SANFRANDSCOCA94105 I IGSIHER E ... COVEROwraa CENSPI PA THE PQLICIES OF INSuRAK5 LLSTEP BELOW HAyE BEEN ISSUED TOTHC )NSURCP NAMED A€OVE FORTH€ POLICY PERIOD RPICATM NQTWITH0TANDWR3 ANY REQuIREM€NT. TERM OR CONDITION OF ANY CONTRACT OR OTHER DPCuMEW WITH RESPECT TO wr}ICH THLS CERTIFICATE MAY EW issUED OR MAY PERTAIN, THE INSURANCE AFFORDED RY THE POuCIES DVSCR93EP REREMI LS SU€jECT TO ALL THE TERMS.FXCLUSIONS AND CONDIT"S OF SUCH _ POACIES.AGGREGATE LIMITS SHOWN MAY HAVE[ICEN.flEPLICEP PY PAID CLML�McTS. TPP OF WiBP iR1�7 NvE cp P�.STFL199O"IG nF DATE '�j LNRTs _ trERERAL L"iLITY FAS Or,C-VRRFNGF —4 1,44D.QOO A X couMFRcpv-DEN6fIW�uAWN 11AP3707221 04/01/1005 OVI)1/2W6 RREOAMAGEtAmurtn) i I.D Ono CLAMIS FNPE LX J OCCtAi MEO ENP(My aupwwnl }OiD00 P.EF9SlNAL-d-AP-YJINU9Y s�000.000 REyERAI AGGREGAT€ S 2,WJOW BENL AGGRCGATE LIMIT AFFuE5 PER' PRC9°CTS-COMPIPP AGG s Z�OW�OUO -^I xtp Fj' ( n QQ WI'CyDB2E MAQMY COMIANFD SINGI F PmrT A X ANYATTQ GLL3707223-(A03) 04101/2005 04/01/2W6 (aAwwnr) i ].000,ODO A _ Au.QWNEP AOr05 TAP370n22-(TX) 04/01/2005 04/01/2DO6 DOMY INS RY - XXXXXXX _ 5CnEPIUEPAVTP5 t"rpwl l X nIREDATTOs HOMY IN.IURY w.apaAAq 5 XXXXXXX NDfiOWNFA wTOS I .. . (wrPROPCInQAMA3E s XXXXXXX CARACE LV4%"Y APJOQM,.Y-EAACapENT i XXXXXXX ANY AUTO NOT APPLICABLE R THAN EA ACC s XXXXXXX 0 �'Y' AGG XXXXXXX EXCESS w"LTTY EACH OMiRREWE s XXXXXXX OCCUR ❑CLAW MADE NOT APPLICABLE AGGREGATE s XXXXXXX I^I s XXXXXXX PEDUCTIELE H FURN 3 XXXXXXX. RETENTION S _ i XXXXXXX WORFENS SOW'F16+TpR ANP NOT APPLICABLE 1WCT TRRt i wTuF NTH ,IMTs e "WOVEFO""RM EL TAQ ACCIDENT i XXXXXXX 9185tSF.FAEMRGYEE 5 XXXXXXX ELDL4 E-P ICYLBAT 0 XXXXXI{X OTHER AESLRIRMH OF ADM BY FNpGRSFLIE11TlSPFT7AL PROVISO 5 A11 operaions of tw DmacA m4grA mckog Palm Springs Inwml➢Prlal AITp UT Temporary Hold Rown Rcplaecm nw Gomrn)U.40i y only:Ttx LSTy of Palm SprinYS•US Offi=,ealploymg,aAd 49 Pare wlw(l AS addrlioBal ingnrEQA as MPe 7011eP41 llaDday. GERTIFlCATE HA PVFJ f APPNMNI!t 71s61AFR^ PLETf�' �/NeE-LATIQN 113M7 SIRIU.D ANY ff THE ABQYE QE+CWBEp PD1.ICrES BE CANCELLED BEFORETnEEAPftATgN Clry of Palm Spnn9s; DATE TflffWM,ThF NLUNp R URERMLE11PEAVOR TOM" M_ w*c Y/TFTTEN ARn:U20 LpA BOSWGII 3200 E.TalR=CanyDIT Way 1qT CC TOTNE CdRYiKATE BOLDER HAYED TO THE LEPT,B4TT FMWRETO pp 5p a... Palm Springs CAlIn 2743 WPQ5 NO DULTQATIDNQR,rf.IAOMQ Ae KPIP W"THE nwURM,IT$A6eNTs aR RfPDEMffA NEs ABTIp{BiFD REi'H �� i ACORD 2"(7/971 PRgw.owAgN�nAwNrrwrr A.w.qw..�wwawB»'aow..r..Nw,i�w,.wa+n�+r�wwwrw.cl. oACPRQ GCIRPORAT1P1d 7GBB i 04-04-05 03:29pm From-GENSLER + T-696 P.04/07 F-294 ACQM CERTIFICATE OF LIA131LITY INSURANCE o4/oirno6 03131/2005 MPRC7R LDcI ncompdnies ONLY D CONFERS NOERIGHTSM PONRTHEICERTFIC TE 444 W.47ib Sneei,Sena 90 HOLDER.THIS CERTIFICATE ROES�1OT AMEND, EXTEND OR v fCwms Cny Mo 64112-19M ALTER THE COVERAGE AFFORDED pr THE PQUCIES RF�OVIL I81s) INSURERS AFFORDING COVERAGE wwREP GENSLER w RSRA z1TTCH AMIEUCAN INS ro-K5_. 704175E TWO FUWRISON STREET,SURE 4Dp IrQURER B 1 LOYr)$&.LOQD41r1 CO(PARAGON-JANf)ON) SAN FRANCISCO CA 94105 LNpip RC I_FXFNrTnNINS C0(MIj)WFSTfRNRi K) --..._ IllsupER p J MSIJFiE4j E COVERAGES GENSL()l PA _ THE POLICIES OF INSURANCE LISTED BEI.OW nAVE FIEEN LSSUFD TO THE 94SuRED NAMED AEOvE FOR THE POLICY PERIOD INDICATED.NOTH'fTHSTANDING ANY REWMEMENT.TERM OR❑ONPITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY RE ISSUED OR MAY PERTAIN. THE w-9uRAWIF AFFORDEP pY THE POLICIES DESCRIBED HEREIN IS SU&IECT TO ALL THE TERMS.EXCI-IISIONS AND CONDITIONS OF SUCM POLICIES AGGREGATE LIMITS A"_ " 14Ay HAVE BEEN REDUCED BY PAID CLAIMS GTry� I,T6 .. TYPE OF aVAURANCE PQI.31.7 R .. DATE GWrT1 D LY IwR� . . I Ii' GEl1ERALII"KITI k'wL'n�[%L�LIflRENCF i 1,IIBI�.QIJIa A ;XITmfic�GENEPW-w�n1lfTy GLLV07223 W0112005 GWOM006 FIRE PAM,rAErA, menrel s 1,000000AN3440DE XdOCCUR RED FXP IAwo p..I s 10,D00 nca^.n,,,.i aan,r wx•G. s _ IOJJQ-004 GENERAL AGGREGATE 3 2.000,000 GEHL ACGRRCwTE LIMTTAPPLI PER P0.00t.�C`TS-Ccx,PAPwT34 ,Y, 2,QDD,�Of1 7 Pa CY n 7R 1110c APTOMOU EILrwUTV GONRINED Svc*F Lwrr A X ANY AUTO BAP 3707221-(AIDS) 04/01l2005 04/01/2W6 IEA P Al a 1'f%10'PQ0 A A 60WMEPAUTOS TAP3707222,(TX) 04/01/2005 04/01/2006 1NAlRT a XXXXXXX _ ECnEDtILEO AN'OS (�rP ipwp°J°O"1 X MIREDAUTOS BODILY INAIRY a XXXXXXX RON-OWNED AUTOS (PeTO-001XV4 _.. _ f PROPERTY DA GE s XXXXXXX (PArAmRorlq - GARAGELM9a.IIY AUTO Ow.v-EA ACCIDENT S XXXXXXX �AHTAUTO NOT APPLICABLE A°1u oo ERT EA cc XXxxxxx �Y" xxxxxxx EaPEssNA&rTTY EACnOCCURREHCE 5 XXXXXXX OCCUR 0CV,WRS MApF NOTAPPLICARL.E gGUREGATE -s XXXXXXX xxxxxxx PeDDCTIaLE ❑RIM xxxxxxx FCTMON s xxxxxxx 1tO =K CDiPP"TWNANP NOT APPLICABLH ITnRV, TJ-IWT�I IARTn NJ EUPLPYET+s•AIAua-nY 131_ C MCLOEyr i XXXXXXX EL DISEASE-EA EMPLOYEE a XXXXXXX EL.DISEA e-tYA.ICra1MR i XXXXXXX OTHER 146/POII05 "0112005 GUOM006 SI.OGPp) FEH CL-044I.00e,000 C PROFSSSIONAI.1.1Ap(Y54.) 4149002 0410112005 OVOI12006 AGGREGATE PROFESSIONAL LIAB(15%) D[SDRIPTgN DPAPIRATtorwA.IDCATpFFiIVEMIQ-E91pcGLtspls APDEP YY ENPDRS6MdfRSPEGAL PR9YI&PNI Aft pp rWpna of Tlr named mewed,mcluding Agreement VA4382 General liability wd Awo only City of Palm Sprinye,iw GITIC4Ra,cmploy=And Agcros AM InPI4&4 ae 4dmagrW mewe4T 4e Iesp=AgreenCIIII VA4382. GER7I998TV"04PE9 I ADMRPPIAL MUREW.*XrWRn 1 F �Y•�EIIATIQH 1"-41632NM1I41L541 1390I1p6 SHDVW AHY PF THEAeovE PESCRI9EP FDI.1aE56E t:AHCEuFp PEFDiETHE EZPiTAT10N ' COof Palm SOV DATE THEREOF.TMR*Sum 4 WARFA MLLNPeAYDR TO IIA6 ..IL_ DAYS tVwr" Palm*rips IRleTnwlD a AirpDrt Ann: �a110t0Ilek IQTIPE TO THR CRRTiFK,1TE MPIr1ER A/ae1FATQ THE LRFT.aVT FALORE TOW 4D SfIAeI. 3400 F_Taq=Cwym Way,SIO OFC WOSE NO OW"TION OR U W"TY OF AMY 9*0 UP TIIE ASVRER,R5 AW"W Palm Sp1i p CA 9W WJ4WFENTADVM ALmlanueoRFPMfiSRNTATNF ACORP (7127) aA ORP PORATION1"s COMMERCIAL GENERAL LIABILITY CG 20 3310 01 THIS ENDORSEMENT CHANCES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - AUTOMATIC STATUS WHEN REQUIRED IN CONSTRUCTION AGREEMENT WITH YOU This endorsement modifies insurance provided under The following: COMMERCIAL GENERAL I_JAI31LITY COVERAGE PART A- Section 11-Who Is An Insured is amended to b. "Bodily injury"or"property include as an insured any person or organization damage"occuring after: for whom you are performing operations when you and such person or organization have agreed in (1) All work, including materials,parts writing in a contract or agreement that such person or equipment fumishad in connection or organization be added as an addiTlonat insured on with such worK,on the project(other your policy.Such person or organization is an than service,maintenance or repairs) additional insured only with respect to liability to be performed by or on behalf of the arising out of your ongoing operations performed for additional insured(s)at the site of the That insured.A persons or organization's status as an covered operations has been completed;or msurad under this endorsement ends when your operations for That insured are completed. (2) That portion of"your work'out of been put to its Intended use by any B. With respect To the insurance afforded to these person or organization other than additional insureds,the following additional exclusions another contractor or subcontractor apply: engaged in performing operations for 2. Exclusions a principal as a pan of the same project. This insurance does not apply TO; a. 'Eloatly injury, 'property damage'or 'personal and advertising injury'arising out of the rendering of,or the failure to render, any professional architectural,engineering or surveying sennces,including: (1)The preparing, approving,or failing to prepare or approve,maps, shop drawings, opinions, reports,surveys,field orders,change orders or drawings and specifications;and (2)Supervisory,inspection.arcntectural or engineering activities. Certificate IA:139090 Misc AmdrmKnt:M416S2 POLICY NUMBER: GLL 3707223 COMMERCIAL GENERAL LIABILITY CO 20 3710 01 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - COMPLETED OPERATIONS This endorsement modifies insurance provided undertne following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name of Person or Organization: ANY PERSON OR ORGANIZATION WITH WHOM YOU HAVE AGREED THROUGH WRITTEN CONTRACT,AGREEMENT OR PERMIT TO PROVIDE ADDITIONAL INSURED COVERAGE. Location And Description of Completed operations: ALL CONSTRUCTION PROJECTS OTHER THAN THOSE INSURED UNDER A WRAP-UP OR ANY CONSOLIDATED OR SIMILAR RATED INSURANCE PROGRAM Additional Premium- Q." INCLUDED (If no entry appears above, information required to complete this endorsement will be shown in the Declarations as applicable to this endorsement.) Section II-Who Is An Insured is amended to include as an insured the person or organization shown in the Schedule, but only with respect to liability arising Out of"your work"at the location designated and described in the schedule of this endorsement performed for that insured and included in the"products- complatad operations hazard'. Certificate ID-139OW Mise Attachment-M41454 04-04-05 OMO,pm From-GENSLER + T-096 P.02/07 F-294 73N capbo•c a uevsN or L,lsem Mmpal hwurncc GnMp m rr�are masr�ca m¢)tf«aea or awe cwr�uwm nMP'MY Cordflcsn of Iwurassrc Tpo.«sgficimaawcdmaompa'vCnronp•pm mb:wl awtc+wrltap cpcu Yc'+mc carafix+sc poWcs This cwnfimw�cv«.um.w�wa�7ry rmaw•w ao�l c•l�l,a•Rc nCcaa'abs ad'amoag'mePdcns Lear nuo.. nu la n cerdty qur(Nam.and addmu aPFNs*red) �/ GBNSLBR ' 2 HARRISON STKF.Pt,SUITE 400 - Ube SAN ERANCISCO,CA 94105 T('u� 1M if..�Fgf aY.✓sdm oPletr«rp al••Cmgpplr GowVsar rcwkr WxpatxY6��N*r4 SIN.=,Tkcma¢a;ca alf f Or Ole]7APt (ia)KiyEJp'jna(�dCPmWf,Gx(Vi•�i>oaC R9q wws._ .Nv my Ra+m:msvcsaw«cm�ysw¢r�cmvcsuomcr a..vnwsww mpeaw.M1an marnv�amytn Esplradanlype Expiration Date(,) PolicyNmabcrfrl L hall tsof Lis blIry _ Continuous* 04/01/1006 WC2-161-03955P025 CovrrafcalTardcdnoacrwc taw of EmployervLiabift F Rded rac followhw)vans: Bodily injury ByAccident HX Policy Tram A2,CA,CO,CT.ac,Ft,QA,IO,a.IN. $l,OWr" 1=aeh Accident MA.MP.ML NC,Nl.Nv,NY.OK W.5C. Bodily Inj•try By Disrase TX,VA,wl S1,0a0,o00 Policy Limir Workers Comprnziitlod Bodily Iujwy BY DJw we $t,mO0,ow EwliPcrsoa .. General Arprc) wOthrr than ProNComplerod Oporadona General Liability ProduchUComplrted Opennf(insAggregate HClaims Made 0%:wehre ( Babb Injury and Property Damage Lability Per _ Occurrence .Bctro Dan Personal sud Advernaing Injtny for Perwu/ Orl�au&w[kn OrherLlability OtherLiabiliry Each Aecidout-Single Limit-S.L and P-D.Combined ( Autnatu6lleLlab(Ory 1.J Eacb Person Owned _ Nua-0wned Each Accident or Occurrence! Hired Eac1r Acrldra[of Occurrerce C THE INSUREDS AUTOMOBILJE AND GENENAL LIABB.ITY POLICIES ARE NOT WITH LIBERTY MU MA1_GENSLaR LOCAMN:IAS ANGELES- D as. M M E N T S •{Fpw utva ia:uPprCoo daour«+rm•wu QunmgcG law.rau w7lbe aoaGW��.ways l.�nw¢d«nbK.rftod'am dsr r�tia�+kcDmsoas ms+wows.N�-•4uo�oc acalkq muur�haP Nc cm�muw)T ofm.a+yw 5prcod NIXrc.OD�o.Apr pmsm Ntnr wm o•vps w aasw«Imawmgma pr�sm k G��l¢vPa•aw4 c�aa s moos',s�m®Ns.gpLacpm w fibs a daps umwnm)n Btr« 4¢{phvc samwitmpuSY OtalfYnplCR p'rAQ � Iwpe:fmi mt3mq{i�l w FTpfm•pNYrymlpa'•aedcwnGawpa'✓a•-wrR evmaYw•1Wa oy Wa+mw vuw wlf+mm«i sou sbN tanfgN ru•'N•Y sum4Ptase sauna rarloW..p pass. +'tv+M�3aln[N+9 Rkr�•cei+reuv;P'wr wlpola*apTwrcr dQaa cosnCxaw, TIN appsq.Mnww.•q Ntta'o masFog nm s.m.a.bo pccaw•.9 kr cauwemNmm� NQC4 af•'➢IIfWIl11IX1'tax apples' 16�mL•ii)pNwPRptdtlYNfWnaI pCWMJ.&WPeIO�r•R0.czAUWmSIim Y1:S0�1}IlM1UPPLCi114J(+"7r�Wr�'G�ma¢apCO altptlNl laNl�N)vc polsmG wsW MMrM 3a e.yxwpcc pfswbcarpmrcw dastxm ww7cdn: ' Office:PIEASAN-TON.CMI Phone: 925 734-9200 i1 J •"'�' �l v Cerpfi re Polam; SOMLEY VIDUYA Attn: Patrl Cad A, Sanders AN*arrred Repec 14mt1vf Civy of Palm Springs 0£fyce of the Cliy Clerk Lj PO Box 2743 Palm Springs, CA 92263-2743 DAtw WUed+ 04/O1/2005 Prsspucd Uy.-TP 04-04-06 03:29pm From-GENSLER + T-696 P 03/07 F-294 I hN GMEOM A rxfqurd br Lila q Mawl laaa mCa pits=P=aucb asmaaxas a alramW M,tf+me cmymw C—Ow dff,"Magee 7tia canFiGw uAwRaR a aaaW armrala,ataa and aoucaafin ao n�n,awawmc.agtkak PaKL-c'17cs=fw=$noes uwu;xc wWr�a awD.c.mma csr�a m.ac mccovsaFc sS naM me mdcc la[NbeW ... T}p Is m eettdy drat(Neste and apdaeu ulbwaaW) 2 HAMR p� 2 HAR1r1SQN STftEFf',SUITE q()o rtcJ7� SAN FRA.NCISCO,CA 94105 oaf uf-u ,w is,ai utc tiiw w�wMAw�lafw?w m�ww br qu cmlpmr wwsuwpolcrtKe)tW�A Ma. 'R�ema¢amca(fauktbrmo PseGPa�'lw)uaugcawa4 roars�.ueA„1�1� i,Kf�il w oucaw W yr a97 wHaau,w+a.i�a.°°�mario.e�aa n o0a aae aaativap Y�apaq�Wn.rn mu�avrvaa wn oe oswa Ezpirarion Type ExplFadoa Rarefs) Policy Numbods) Limits of Liability Corllinuous• 04/01/21M WC2-161-0395SM25 Cgrr.aaoaRu,dcd avoccWC ww of Employers Liability E.xtcnded xac following mms: HedilP Injury fly hceMent kx Policy Tam ,sz.CA.Cq.CT.Dc.FL.Gtiin.It,M. $1.0w1ow Each Accident MA,MD,ML NC,NJ,NV,NY.OIL Ri.W. Acdfly Injury Fly INsritsr Tx,VA w1 St,WO,ppU Policy Licit wgdecrs Compensation "ily Injury By Diacase $1,W0,000 Each Person Coperul Aggregaro-MorThao Prpd/Completed Operation$ GVocra}Irahiliry _ Products/Completed Operations AWvgate HGams Made Oni srrnre Doddy Injury and Property Aamagc Liability Per Occurre= f Retro Dam_ Personal and Adwrdafpg Injury Per Person) Organization Other Liability Other Liability Each Accident-Single Limit-H,1,and P.D.Combined Automobile Liability I _ 4 Egck Pctaaa Owne d KDO- loon-OaTttd Each Accident or Occurrence Hired Each Areldcnr or Occurrence C THE INSURHO'S KOTOMOgILE ANO GENERAL LI,nn)-"rOLIC)ES ARE NOT WFTii LIRERTY MUTUAL;GENSLER 1.WATION:LOS ANGHUS, ' O 05, M M E N T , S 'tPnc eats£kme c'Wa°a•a+cu cwsinuga u<am+�Wliam.7ou.><I Acam9d lfcarera$camwwaaam4W'.a Mae ve canrrwe apawwc ores F'Pwcc.Yo,l wt7lnabetuinSoa mnwlq W' , aecmmwooa aw.aciF. SpxiarNwra.Plla:M)P�naa waA aanapacYrA�mawogtaa[M:sOa cfa�Wlaawaa Sad W�uAu swncc.mDmasmappWaaon orfikiac7a,m uawwua•tllexm aa.raM rPl�ta avrtY of'maaax frua Imays�at W$raaaramFiwsdt palR7doaaa+W4 caaficaenotaua nvn whoreaonu:mm telerrnYKAeanDv7{IWrs al$taboo wacamaorma mwaEeaarao,uTbPoer wppewrgrrW+mmooya 1 r4 rt1 nem30 1f aa mmaws *14a 4 mcnYnfiaaw r$aCt u rrt;wp,alu9g tvoraa ywuloauaaW Pt '• 61 waaW pa a,mr. Nmx orunall�alwasppla'anW ualewitamlRrud'9vsammwLelu.) nac atDc ap¢acarrcw ana ono cetvpm>wglamaarcclamNrc aK w�a+acc anud<a�mauma ana.c I popcKs coal ockw7a apvapecorauq raronncn Doc Dam oauW m I I Office: PLEaSANTON,CA-il Plw=925-734-9200 r'estificarcLiolder. SMRL.EY VIPIIYA Attn: Mari Lynn Boswell Autbor3ad Rprrnwtamc City of Palm Springs 3200 £asc Tanquitz Canyon Way v Palm Sprang5, CA 92263-2743 � Duce leaned U4J01/7t1P5 ltepared SY•TP Gensler 10th Amendment Architectural Services AGREEMENT#4382 AMENDMENT NO. 10 MO 7560, 10-06-04 AGREEMENT NO. 4382 - ARCHITECTURAL SERVICES THIS TENTH AMENDMENTtoAgreement No.4382 for contract services, (herein"Amendment") made and entered into on the day of f/2 ^r �l {� , 2004, by and between the CITY OF PALM SPRINGS (herein "City") and GENSLER (herein "ARCHITECT") is hereby amended effective September 1, 2004, as follows: RECITALS The City and Architect entered into that certain Contract Services Agreement No. 4382 for Architectural Design Services ("Agreement"), as duly amended from time to time. The parties wish to amend the Agreement pursuant to the terms of this Amendment to add additional services to be performed by Architect and increase the Contract Sum to authorize payment for such additional services. NOW, THEREFORE, the parties hereto agree as follows: Section 1 Exhibit"A"Scope of Services, is hereby amended by adding the following Task 11 and associated sub-task items: Task 11 - Design Development and Construction Documentation for Passenger Screening Checkpoint and Passenger Holdroom Improvements related to aviation security. Sub-task a: Development of construction improvements for an addition to the terminal facility, including, design development, concept approvals, specifications and construction administration, in accordance with Transportation Security Administration (TSA) standards within the footprint of the existing terminal facility. • Addition to existing terminal to house six(6)passenger screening locations in accordance with TSA standards • Layout of new passenger queuing line in existing lobby to accommodate new screening locations • Reconfiguration of arriving passenger lane in existing lobby Modifications to existing non-structural elements(interior lowwalls between existing checkpoints, passenger arrival lane and retail/concession areas) • Addition of two (2) passenger hold rooms and toilet facilities to replace existing temporary hold rooms • Landscaping of exterior courtyard adjacent to new hold rooms and existing terminal DELIVERABLES: Architect and associated sub-consultants to provide full range of services necessary to complete bid documents for the Palm Springs Gansfei Anreeinent No 4382 Amendment r?10 October 6,2004 International Airport Passenger Screening Checkpoint and Passenger Holdroom Improvements as depicted in Attachment A to this amendment. Schematic Design: Floor plans, elevations, landscape plans, structural, electrical, mechanical and plumbing plans, meetings, presentations and Planning Commission submittal and approval. • Design Development: All disciplines necessary for construction of the buildings and surrounding landscape. Scope includes all necessary coordination with the fabric roof supplier. • Construction Documents: Preparations of necessary project plans and specifications in City bid document format and for plan check submission and approval. • Signage and Graphics: 1) Security entrance identification; 2) Wayfinding from security to boarding gates; 3) Public Information Display System (PIDS) housing and identification; 4)Restroom identification; 5)Holdroom Entry/Gate Identification; 6) Holdroom podium signage at boarding gate door and check in counter; 7) Integrated courtyard wayfinding signage; 8) Welcome to Palm Springs sign at terminal entry; 9) Operational room identification; 10) One (1) temporary "coming soon" sign design and production of 2-3 signs; 11) Temporary wayfinding signs in and to construction walkways. Section 2 Exhibit "C" Schedule of Compensation, is amended by adding the following: • Task 11 shall be a lump sum, not to exceed $723,060.Actual compensation shall be based on hours worked times the hourly rate (see Attachment B), but not exceeding the $723,060. Architect shall submit invoices for the actual time worked for reimbursement. NOTE: These fees exclude Fixtures, Furniture and Equipment (FF&E), security equipment and separate bidding and permitting packages. Reimbursable Expenses are in addition to compensation for basic services and shall not exceed $109,301 , Reimbursable expenses include items such as plotting and printing, postage and delivery and mileage and parking. Architect shall submit invoices for the cost of the reimbursable expense, which are based on amounts invoiced to Architect plus 10%. However, the actual reimbursable amount shall not exceed $109,301. Section 3 Exhibit "D" Schedule of Performance, is amended by adding the following: 1. Task 11 - Preparation of construction documents and completion of the above noted tasks shall be as noted below, based on the effective date of this Amendment: a. Concept/Schematic Design - 4 weeks b. Design Development - 6 weeks Gen;I er Agreement Nm 4382 Amendmenc F�10 October 6,2004 C. Construction Documents - 16 weeks d. Agency Approval - 6 weeks 2. Progress payments shall be made as invoiced by the Architect and shall be based on the percentage of services provided. Architect shall develop and maintain a cash flow chart for throughout the duration of this project. Section 4 1. Full Force and Effect. Except as expressly modified herein all other provisions of the Agreement shall remain unmodified and in full force and effect. Section 5 1. Corporate Authority. The persons executing this Amendment 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 Amendment on behalf of said party, (iii) by so executing this Amendment, such party is formally bound to the provisions of this Amendment, and (iv) the entering into this Amendment does not violate any provision of any other agreement to which said party is bound. N\Agreements\Engineering\Gensler\Gensler_Amendmenl#1010-06-2004 wpd Gensler Agreement No 4382 An m:G October 6,200A PALM SPRINGS INTERNATIONAL AIRPORT 05 0201.000 CONSULTANT HOURLY BILLING RATES March 12,2002 Note: Hourly rates are subject to annual increases Gensler Architectural Services Principal................................................................................$130.00- 150.00/Hr. Senior Associates.......................................................................$103.00- 114.0041r. Associates................................................................................$90.00— 102.00/Hr. Designers/Engineers....................................................................$70.00—89.00/Hr. Draftspersons..............................................................................$56.00—69.00/Hr. Brandow & Johnston Associates Structural Engineering Services Principal................... ........................ ...... .......................................$170.00/Hr. Associate.................................................................................$130.00- 140.00/Hr. Project Engineer..................................................... ...................$108.00— 125.00/Hr. Engineer....................................................................................$68.00—95.00/Hr. Drafter/Technical..........................................................................$45.00—97.50/Hr. Clerical/Administrative.................................... .........................................$68.25/Hr. VSA Airports Civil Engineers & Constructors Principal............................................................................................$95.00/Hr. Project Manager................................................ ...................................$80.00/Hr. Senior Engineer............................... ....................................................$70.00/Hr. Project Engineer/Construction Coordinator............................. ......................$70.00/Hr. Project Planner/Associate Construction Coordinator..........................................$60.00/Hr. Engineering Technician.......................................... ................................$55.00/Hr. Field Technician....................................................................................$45.00/I-Ir. Graphics/CADD Operator........................................................................$40.00/Hr. Clerical...............................................................................................$3 5.00/Hr. Auto-CADD Work Station........................................................................$30.00/Hr. N:\Agreements\Engmeet ing\Gensler\Genslei_consultant hourly rates Sent 2004 doe HourlyBillingRates March 12,2002 Page 2 of 2 Weidlinger Associates Special Structural Engineering Services Principal............................................................................................$180.00/Hr. Senior Associates....................................................................................$125.00/Hr. Associates............................................................................................$120.00/Hr. Senior Engineers....................................................................................$105.001Hr. Engineers...............................................................................................$8 5.00/Hr. Designers...............................................................................................$78.00/13r. Full-Time Resident Engineer/Clerk of Works....................................................$80.00/Hr. CADD Operators/Drafters..........................................................................$72.00/IIr. Word Processors.......................................................................................$50.00/Hr. N NOREEMEMSIENGINEERINGIGENSLERIGENSLER CONSULTANT IIICURLY RATES SEW 2004 OGC IN WITNESS WHEREOF, the parties have executed and entered into this Agreement as of the date first written above. CITY OF PALM SPRINGS ATTEST: a municipal corporation Ocity Clerk City Manager APPROVED AS/TO FORM` By;--, A ?LZ City Attome) /� CONTRACTOR: Check one:_Individual_Partnership_Corporation Corpo4"a otarized signatures e from each of the following A Chairman of esident,or y Vice President:AND B Secretary,Tre surer, sistant Treasurer,or Chief Financial ficer). By. By �`.L On fl �(pj,rCZg1Yen, an aging Principal of fVhV2L{�%S("A 6�s Regional Office Cali ration Number C12855 Name: Stephanie E. Koenig Name: Bruce A. De,ionq Title: Principal , CFO Title: Principal Stateof Cal ifornia } Stateof California } Ccuntycf LOs Angeleks Countyo�os Angeles}ss 'jam C ,kO+� beforemeT � ��IC"� On before me, personally appeared St.PphaniP F. KoonM personally appeared Bruce A, De.ionq personally known to me (or proved to me on the bases of personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) satisfactory evidence) to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their to me that he/she/they executed the same in his/her/their authorized capacity(ies),and that by his/her/theirsignature(s) authorized capacity(ies),and that by his/her/their signature(s) on the instrument the person(s), orthe entity upon behalf of on the instrument the person(s), or the entity upon behalf of which the person(s)acted, executed the instrument. which the person(s)acted, executed the instrument. WITNESS my hand and official seal. WITNESS my hand and official seal. Notary Sig naturQ( -"CA,-A— Notary Signature r` .(LLOL . 0—_L�CC((Ck�— Notary Seal: Notary Seal: �?�• '�-( -,. PATRICIA A. DECKETTk PATRICIACOMM.A. D6821 t () COMM.#-CAUF 1 MM.#138687-1 _.+ NOTARY PUBLIC-CALIFORNIA CI *• NOTARY PUBLIC-CALIFORNIAGJ 2i OS ANGELES COUNTY LOS ANGELES COUNTY O ` "'�g'"� 'k°M COMM.EXP.NOV.24,2006-L "-e"` COP.4M.EXP.NOV,� 442006,� DATE ACORD. CERTIFICATE OF LIABILITY INSURANCE o4/oI/2o05 03/31/2004 PRODUCER Lockton Companies THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION P ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE C` 444 W.471h Street,Suite 900 HOLDER.THIS CERTIFICATE DOES NOT AMEND, EXTEND OR 1` ) Kansas City Mo 64112-19M ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. (816)960-9000 INSURERS AFFORDING COVERAGE INSURED GENSLER INSURER A: ZURICH AMERICAN INS CO-KS 1041756 TWO HARRISON STREET,SUITE 400 INSURERB: LLOYDS&LONDON CO(PARAGON-LONDON) SAN FRANCISCO CA 94105 INSURER c:LEXINGTON INS.CO.(MIDWESTERN RISK) INSURER D: 1 INSURER E: COVERAGES GENSLOI PA THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED.NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR POLICY EFFECTIVE POLICY EXPIRATION LTR ME OF INSURANCE POLICY NUMBER DATE(MMIDD/YYI DATErMMmDIYY) LIM" GENERAL LIABIL17Y EACHOCCURRENCE $ 1,000,000 A TMERCIAL GENERAL LIABILITY GLL3707223 04/01/2004 04/01/2005 FIRE DAMAGE(Any on.fire) $ 1,000,000 CLAIMS MADE [X1 OCCUR MED EXP(Any aroe on) $ 10,000 PERSONAL&ADV INJURY $ 1,000,000 GENERALAGGREGATE $ 2,000,000 GENL AGGREGATE LIMB APPLIES PER: PRODUCTS-COMP/OPAGG $ 2,000,000 POLICY I7.PECT [—]LOC AUTOMOBILE LIABILITY A X ANY AUTO BAP 3707221-(AOS) 04/01/2004 04/01/2005 (E..cc COMBINED SINGLE INGIE LIMB $ 1,000,000 A ALL OWNED AUTOS TAP 3707222-(TX) 04/01/2004 04/01/2005 BODILY INJURY _ SCHEDULED AUTOS (Pa,yeaan) $ XXXXXXX X HIREDAUTOS BODILY INJURY `( J NON-OWNEDAUTOS (Per accidaa) $ XXXXXXX PROPOVYOAAUGE $ XXXXXXX (P%, (Per xdtlFnl) GARAGELIABILITY AUTOONLY-EAACCIDENT $ XXXXXXX ANY AUTO NOT APPLICABLE OTHER THAN EA ACC $ XJOC= AUTO ONLY: AGG $ X)C X EXCESS LIABILITY EACH OCCURRENCE $ XXXXXXX OCCUR ❑CLAIMS MADE NOT APPLICABLE AGGREGATE $ XXXXXXX O DMBREUA $ XXXXXXX OEIXICTIBLE FORM S XXXXXXX RETENTION $ $ XXXXXXX WORXERSCOMPENSATIONAND NOT APPLICABLE IWCSTATIT I OTH- EMPLOYER&LIABILITY TORY LIMBS ER E.L.EACH ACCIDENT $ XXXXXXX E.L DISEASE-EA EMPLOYEE $ XXXXXXX E.LDISFASE-POLICYLIMIT $ XXXXXXX B OTHER 146/PO1104 04/01/2004 04/01/2005 S1.000,0IX)PER CLAMI,000,D00 C PROFESSIONAL UAB(855:) 1154890 04/01/2004 04/01/2005 AGGREGATE PROFESSIONAL LIAB(15%) DESCRIPTION OF OPERATIONS/LOCATONSNEHICLESIEXCLUSIONS ADDED BY ENDORSEMENDSPECIAL PROVISIONS All operations of the named insured,including Agreement17A4382 General liability and auto only:City of Palm Springs,its officers,employees and agents are included as additional insureds as respects AgreeDTenlNA4382. CERTIFICATE HOLDER I ADORIONAL INSURED;INSURER LETTER: ____ CANCELLATION IM416521IM416541 1398906 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION City of Palm Springs DATE THEREOF,THE ISSUING INSURER WILL ENDEAVOR TO MAIL 30 DAYS YIRrrneN A11 :Patricia A.Sanders Ofliceof the CityClerk NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT,BUTFAILURETODO SO SHALL P.O.Box 2743 IMPOSE NO OBLIGATION OR LIABILITY OF ANY MIND UPON THE INSURER.ITS AGENTS OR Palm Songs CA 92263-2743 REPRESENTATIVES. AUTHORIZED REPRESENTATIVE I ACORD 25-S(7197) Fr IeACORDC RPORATION1988 COMMERCIAL GENERAL LIABILITY �J CG 20 33 10 01 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - AUTOMATIC STATUS WHEN REQUIRED IN CONSTRUCTION AGREEMENT WITH YOU This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART A. Section II-Who Is An Insured is amended to b. "Bodily injury"or"property include as an insured any person or organization damage"occuring after: for whom you are performing operations when you and such person or organization have agreed in (1) All work, including materials, parts writing in a contract or agreement that such person or equipment furnished in connection or organization be added as an additional insured on with such work, on the project(other your policy.Such person or organization is an than service, maintenance or repairs) additional insured only with respect to liability to be performed by or on behalf of the arising out of your ongoing operations performed for additional insured(s)at the site of the that insured.A person's or organization's status as an covered operations has been completed;or insured under this endorsement ends when your operations for that insured are completed. (2) That portion of"your work"out of been put to its intended use by any B. With respect to the insurance afforded to these person or organization other than additional insureds,the following additional exclusions another contractor or subcontractor apply: engaged in performing operations for 2. Exclusions a principal as a part of the same project. This insurance does not apply to: a. "Bodily injury","property damage"or "personal and advertising injury"arising out of the rendering of,or the failure to render, any professional architectural,engineering or surveying services,including: (1)The preparing,approving,or failing to prepare or approve, maps,shop drawings, opinions,reports,surveys,field orders,change orders or drawings and specifications; and (2)Supervisory, inspection, architectural or engineering activities. Certificate i D: 1390906 Misc Attachment:M41652 03/31/2004 POLICY NUMBER: GLL 3707223 COMMERCIAL GENERAL LIABILITY CG20371001 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - COMPLETED OPERATIONS This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name of Person or Organization: ANY PERSON OR ORGANIZATION WITH WHOM YOU HAVE AGREED THROUGH WRITTEN CONTRACT,AGREEMENT OR PERMIT TO PROVIDE ADDITIONAL INSURED COVERAGE. Location And Description of Completed Operations: ALL CONSTRUCTION PROJECTS OTHER THAN THOSE INSURED UNDER A WRAP-UP OR ANY CONSOLIDATED OR SIMILAR RATED INSURANCE PROGRAM / Additional Premium: l INCLUDED v (If no entry appears above, information required to complete this endorsement will be shown in the Declarations as applicable to this endorsement.) Section II-Who Is An Insured is amended to include as an insured the person or organization shown in the Schedule,but only with respect to liability arising out of"your work"at the location designated and described in the schedule of this endorsement performed for that insured and included in the"products- completed operations hazard". Certificate ID:1390906 Misc Attachment:M41654 03/31/2004 CONTRACT ABSTRACT Contract Company Name: Company Contact: Y C086V Summary of Services: JT't-CrUDe` L �ERUIL'E� Contract Price: 932 3tol- DO Funding Source: �f!✓'-(ogf�G -j(pb(aa� lola'X��Sl�foa �fF37 Contract Term: j &-VL9 #'-10 Contract Administration Lead Department: � �� Contract Administrator: rL+f{ Q Contract Approvals Council/Community Redevelopment Agency Approval Date: 7 Minute Order/ Resolution Number: Agreement No: IEiZ Contract Compliance Exhibits: Signatures: Insurance: Bonds: IUII Contract prepared by: /?/O'/f4-RD 601-�L&7" Submitted on: /IIS10 / By: Gensler & Associates Airport Architect AGREEMENT #4382 Amend 9 MO7468, 4-7-04 AMENDMENT NO. 9 AGREEMENT NO. 4382 -ARCHITECTURAL SERVICES THIS NINTH AMENDMENT to Agreement No. 4382 for contract services, (herein "Amendment") made and entered into on the_ \_day of klm \ , 2004, by and between the CITY OF PALM SPRINGS (herein "City') and GENTLER (herein "ARCHITECT") is hereby amended effective April 7, 2004, as follows: RECITALS The City and Architect entered into that certain Contract Services Agreement No. 4382 for Architectural Design Services ("Agreement"), as duly amended from time to time. The parties wish to amend the Agreement pursuant to the terms of this Amendment to add additional services to be performed by Architect and increase the Contract Sum to authorize payment for such additional services. NOW, THEREFORE, the parties hereto agree as follows: Section 1 Exhibit"A"Scope of Services, is hereby amended by adding the following Task 10 and associated sub-task items: Task 10 - Design Development and Construction Administration for Passenger Screening Checkpoint and Passenger Holdroom Improvements related to aviation security. Sub-task a: Special Study to determine the feasability of constructing a four (4) lane passenger screening checkpoint, in accordance with Transportation Security Administration (TSA) standards within the footprint of the existing terminal facility. • Layout of 4 checkpoint stations in accordance with TSA standards • Layout of passenger arrival lane • Layout of queuing line for 4 checkpoint stations • Modificationsto existing non-structural elements(interior lowwalls between existing checkpoints, passenger arrival lane and retail/concession areas) DELIVERABLES: Based on one (1) site meeting with the City, the initial concept plan will be reviewed bythe City and revised to incorporate comments. Conceptual design drawings will be produced in 11" x 17" format and will be provided to the City in electronic format (.PDF). • Plan showing the existing conditions (checkpoint stations, queuing and retail/concession areas) • Plan showing new checkpoints and queuing • Plan showing required demolition to existing elements G�rislnr Aumr iiierd W 4332 Amendmanc#9 April 7, 20C4 �d9�ttfvVriif. �s"s� Sub-task b: Programming and Concept Design, including a review of the existing area designated for improvement and verification of existing site conditions. DELIVERABLES: Based on one (1) site meeting with the City, the initial concept plan will be reviewed by the City and revised to incorporate comments. The layout will be of sufficient detail for the Architect to proceed forward with Pricing drawings. Conceptual design drawings will be produced in 11" x 17" format. Sub-task c: Pricing Documents will be developed based upon the approved Conceptual design drawings, the Architect will develop a final pricing package. The ARCHITECT will obtain and utilize,to the extent practical,design standards for passenger screening checkpoints from the Transportation Security Administration (TSA). The City will provide information and data related to passenger activity so as to allow the ARCHITECT to determine the capacity requirements of the passenger screening checkpoint. The City will be responsible for obtaining all approvals from TSA. DELIVERABLES: Preparation of Pricing Documents, coordination of other disciplines,two(2)project meetings and/orsite visits to the Airport,coordination of City and TSA supplied data, preparation and outline of projection specifications to be included in pricing documents, submission of Pricing Documents for plan check and incorporation of Plan Check corrections. Section 2 Exhibit "C" Schedule of Compensation, is amended by adding the following: • Task 10 shall be developed based on Time and Materials with total costs not to exceed $73,702.40 Actual compensation shall be based on hours worked times the hourly rate(see Attachment 1), but not exceeding the $73,702.40. Architect shall submit invoices for the actual time worked for reimbursement. Section 3 Exhibit "D" Schedule of Performance, is amended by adding the following: 1. Task 10 - Preparation of construction documents shall be completed within 90 days after issuance of a Notice to Proceed by the City. Section 4 1. Full Force and Effect. Except as expressly modified herein all other provisions of the Agreement shall remain unmodified and in full force and effect. Gensler Agreement No 4382 Amendment+,d April 7, 2Q04 Section 5 1. Corporate Authority. The persons executing this Amendment on behalf of the parties hereto warrant that (1) such party is duly organized and existing, (ii) they are duly authorized to execute and deliver this Amendment on behalf of said party, (iii) by so executing this Amendment, such party is formally bound to the provisions of this Amendment, and (iv) the entering into this Amendment does not violate any provision of any other agreement to which said party is bound. N:\Agreements\Engineering\Gensler\Gensler_Amendment#9 04-07-2004.wpd Gemaler Agreement Nn 4382 Amendment 40 Aprd 7 2004 IN WITNESS WHEREOF, the parties have executed and entered into this Agreement as of the date first written above. CITY OF PALM SPRINGS ATJ a municipal corporation sY/ City Clerk City Manager APPROVED AS TO FORM: By: City Attorney `�y ��� __._;'✓ -_ �,�,—. -- 'f.��j�,T'_y-. CONTRACTOR: Check one:_Individual_Partnership_Corporation corporations r e two notarized signatures: ne from each of the following: A. Chairman of Board.President,or any Vice President:AND B.Secretary s Istan ecretary, easurer, ssistant Treasurer,or !pa By: By:Si ( otarized I tun not rzedn b alf of ndrew P, en, Mariagging Princi �ie �L�s Angle ' R gional pfficeCali ornia R gTstration umber C12855me: Name: Ene_Y. Watanabe Title: Principal , CFO Title: Principal Stateof Cal ifnrnia Stateof California County oll c n aW1ec)ss CountyofLoS Angeles)ss Ow-2-04 foreme, Patricia A nArkett On4/pO/04 beforeme, Patricia A. Deckett personally appeared Stpnhanip Knpnig personally appeared _Eugene Y. Watanabe _ personally known to me (or proved to me on the basis of personally known to me (or proved to mek on the basis of satisfactory evidence) to be the person(s) whose name(s) satisfactory evidence) to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their to me that he/she/they executed the same in his/her/their authorized capacity(ies),and that byhis/her/theirsignature(s) authorized capacity(ies),and that by his/her/theirsignature(s) on the instrument the person(s), or the entity upon behalf of on the instrument the person(s),or the entity upon behalf of which the person(s)acted, executed the instrument. which the person(s)acted, executed the instrument. WITNESS my hand and official seal. WITNESS my hand and official seal. 77 `� i� AJ,_ Notary Signatt.ffe"�1d: oo - - ��-" - --i Notary Signatu4--d k r U-C- �"De,,c & Notary Seal: Notary Seal: r � PAiRICIA A. DECnETI` i, -� PATRICIA A. DECYUT4, R �' I 1 COMM It IOPMM tlfr , CM/M # 13 �E 14 ~I/J'i lOT ,�f i'L1f7LIC CALII-OQhIIA'J+ ail�i r�-f I j IOIANY PUCLIC CALI`r`PNIA t .Y ti V '0.k 1 LOS F NGELES COUNTY f) i OS ANC7FLB f1 COUNTY r aM:M..,..FY.I'v`dOV_'14y2006�. CONn§.FXP. VOV.29,2CCo I e=4r•,:r-:;e'�.:'�� 'a Gensler Airport Architect AGREEMENT #4382 Amend 8 M07312, 6-4-03 AMENDMENT NO. 8 AGREEMENT NO. 4382 -ARCHITECTURAL SERVICES THIS EIGHTH AMENDMENT to Agreement No.4382 for contract services, (herein"Agreement') made and entered into on the YVI- day of 2003, by and between the CITY OF PALM SPRINGS (herein "City') and GENSLER (herein "ARCHITECT') is hereby amended effective June 4, 2003, as follows: Section 1 Exhibit"A" Scope of Services, is hereby amended by adding the following Task 9 and associated sub-task items: Task 9- Design Development and Construction Administration for Checked Baggage Screening Improvements related to aviation security. Sub-task a: Programming and Concept Design, including a review of the existing area designated for improvement and verification of existing site conditions. DELIVERABLES: Based on one (1) site meeting with the City, the initial concept plan will be reviewed by the City and revised to incorporate comments. The layout will be of sufficient detail for the Architect to proceed forward with Pricing drawings. Conceptual design drawings will be produced in 11" x 17" format. Sub-task b: Pricing Documents will be developed based upon the approved Conceptual design drawings,the Architect will develop a final pricing package.The City will provide input and direction as to the requirements of the Transportation SecurityAdministration (TSA)and will be responsible forobtaining all approvals from TSA. It is also understood that the pricing documents will be used by the Airport to negotiate a final price working directlywith one general contractorand the project will not be bid. DELIVERABLES: Preparation of Pricing Documents, coordination of other disciplines,two(2)project meetings and/orsite visitsto the Airport, coordination of City and TSA supplied data, preparation and outline of projection specifications to be included in pricing documents, submission of Pricing Documents for plan check (as required, plan check submission of mechanical and/or electrical plan check will be performed by the building contractor) and incorporation of Plan Check corrections. Sub-task c: The issuance of Pricing Drawings will be based upon the approved design and permit documents. The Architect will assist the City in negotiation with the General Contractor. No formal bidding will be required. Uer,�ler ALm,ec enl No 4382 Amendment dl8 June 5, 2003 DELIVERABLES: Issuance of Pricing Packages, response to questions from the General Contractor's, analyzation of Alternates and Substitutions, issue Addendums clarifying the General Contractor's inquiries, as required. Sub-task d: Construction administration by the Architect and associated sub-consultants will complete four (4) on site visits during construction; necessary responses to Requests for Information (RFI) and/or clarifications will be issued, necessary review of project submittals will be performed and project closeout will be completed. Section 2 Exhibit "C" Schedule of Compensation, is amended by adding the following: 1. Task 9 shall be developed based on Time and Materials with total costs not to exceed $46,200. Actual compensation shall be based on hours worked times the hourly rate (see Attachment 1), but not exceeding the $46,200.00. Architect shall submit invoices for the actual time worked for reimbursement. Section 3 Exhibit "D" Schedule of Performance, is amended by adding the following: 1. Task 9 - Preparation of construction documents shall be completed within 60 days after issuance of a Notice to Proceed by the City. N:\A.greements\Engineering\Gensler\Gensler_Amendment#8 06-04-2003.wpd Gensler Agreement No 4382 Amendment #8 June 6, 20103 IN WITNESS WHEREOF, the parties have executed and entered into this Agreement as of the date first written above. CITY OF PALM SPRINGS ATTEST: a municipal corporation ,/' BCBy ce 'Ls r City Clerk ( oo 3 City Managkgreement ove r $25,000 APPROVED AS TO FORM: I�evicwcd and apprOved by Procurement & Contracting B Initials � Date City Attorney P.O. Number CONTRACTOR: Check one:_Individual_Partnership_Corporation Corporations rakire two notarized signatures: OgiI from each of the following: A. Chairman of Board,President,or any Vice President:AND B.Secretary, Issista t Secret aryrTreasurer,A distant Treasurer,or Chief Financial Officer). �j By: //L'�/�� i-�'�` Si r notari ed) S in ure notari ed 0 ehalf o� nd� ew �. C en, Managing Princi6al op € e �os Aedgeles R ional fice, Califoivnia Registration Number C12855 Name: Steph ie E. Koenig Name: Loree Goffiqon Title: Vice President , CFO Title: Vice President State of California } State of California } Countyof Los Angeles Countyof Los Angeles On5/29/Uforeme, Patricia A. Deckett On5/29/03 beforeme, Patricia A. Deckett personally appeared Stephanie Koenig personally appeared Loree Goffigon 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(s) whose name(s) satisfactory evidence) to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their to me that he/she/they executed the same in his/her/their authorized capacity(ies),and that by his/her/theirsignature(s) authorized capacity(ies),and that by his/her/theirsignature(s) on the instrument the person(s), or the entity upon behalf of on the instrument the person(s), or the entity upon behalf of which the person(s)acted, executed the instrument. which the person(s)acted,executed the instrument. WITNESS my hand and official seal. WITNESS my hand and official seal. d Notary Signature'' fa �'�� t--� Notary Signature: a4l`r1 �L -S - Notary Seal: Notary Seal: PAIRICIA A GECKLTT ;� PATPICIA A. L)FC;EIT COMh1 it JM6P,21 COMM # 1386821 (li i e ` �J011h,(FU91 IC CALI�Of'NIA� ('J � -� r NOl Y PLLrLIC CP li ORNIA(I LUS ANGFIES COUNTY COM✓vi I XP.NOV 24,2006 i CC nI M1 FFI LION 9b 7006'` i (� 17 �,/ r/,yp L/-l.7 r 0 C �7— Gensler Architectural Svcs AGREEMENT #4382 Amend 7 MO7189, 11-6-02 AMENDMENT NO. 7 AGREEMENT NO. 4382 -ARCHITECTURAL SERVICES THIS SEVENTH AMENDMENT to Agreeme�n�;�� No. 4382 for contract services, (herein � "Agreement") made and entered into on the day of'� _, 2002, by and between the CITY OF PALM SPRINGS (herein "City") and GENSLER (herein "ARCHITECT') is hereby amended effective November 6, 2002, as follows: Section 1 Exhibit "C" Schedule of Compensation for Task 7 as stated in Amendment #6, is hereby amended by replacing the following Task 7: 1. Task 7 shall be developed based on Time and Materials with total costs not to exceed $40,000.00.Actual compensation shall be based on hours worked times the hourly rate (see Attachment 1), but not exceeding the $40,000.00. Architect shall submit invoices for the actual time worked for reimbursement. Section 2 Exhibit "A" Scope of Services is hereby amended by adding the following work Task and associated sub-task items: 1. Task 8 - Design Development and Construction Administration for Tenant Improvements related to aviation security. Sub-task a: Programming and concept design, including survey of the existing area designated for development and verification of existing utilities. DELIVERABLES: Based on one (1) on site meeting with the City and the tenant, one (1) conceptual design, in 11" x 17" format. Sub-task b: Design development, based on the approved program the design development package will be provided. The package will include preliminary floor plan, reflected ceiling plan, mechanical, electrical and plumbing plans, structural plans, as required, interior/exterior elevation(s), fire sprinkler layout; a review of square footage calculations; outline of specifications. DELIVERABLES: Based on one (1) on site meeting with the City and the tenant, respective drawings will be issued for approval. Sub-task c: Construction documents, based on the design development documents the construction/bidding documents will be prepared, including construction discipline coordination, coordination of owner and tenant supplied data, material research, preparation of a project manual, attendance at one (1) on site progress meeting, coordination with City permitting agencies to develop a permitting strategy, submission of drawings for approval by the City of Palm Springs, Department of Building & Safety, incorporation of plan check corrections and preparation of a construction cost estimate. Gensler Agreement No 4382 Amendment#7 November 6, 2002 Sub-task d: Issuance of bid documents, based on the design and permit drawings, bidding packages will be issued in cooperation with the City, bidding questions will be answered, bidding alternates and substitutions will be analyzed and, as required, bidding addendums and/or clarifications will be issued. Sub-task e: Construction administration by the Architect and associated sub-consultants will complete four (4) on site visits during construction; necessary responses to Requests for Information(RFI)and/or clarifications will be issued, necessary review of project submittals will be performed and project closeout will be completed. Section 2 Exhibit "C" Schedule of Compensation, is amended by adding the following: 1. Task 8 shall be developed based on Time and Materials with total costs not to exceed $78,000.00.Actual compensation shall be based on hours worked times the hourly rate(see Attachment 1), but not exceeding the $78,000.00. Architect shall submit invoices for the actual time worked for reimbursement. Section 3 Exhibit "D" Schedule of Performance, is amended by adding the following: 1. Task 8 - Preparation of construction documents shall be completed within 60 days after issuance of a Notice to Proceed by the City. N:\Agreements\Engineering\Gensler\Gensler_Amendment#711-06-2002.wpd Agreement No 4382 Amendment#7 November 6, 2002 IN WITNESS WHEREOF, the parties have executed and entered into this Agreement as of the date first written above. CITY OF PALM SPRINGS A ESTy a municipal corporation C:a - City Clerk City Manager '' APPROVED AS TO FORM: .3R,,J� r, ,�-jrji�"/ (f: ,i;t1-',F`''�^^liy City Attorney CONTRACTOR: Check one:_Individual_Partnership_Corporation Corporations require two notarized signatures: One from each of the following: A. CMrman of Board,President,or an Vice President:AND S.Secretary,Assistant Secreta ,Treasurer,Assistant Treasurer,or Chief Financia iQf icer). , J nature (notarized ,:' / uw/' nature notarized)/` / 1 � Name: "Ei1. Wse,e) VT VA. r— Name�yiLc � _ e,,�y Title: V«C .tea�I y�— Title: State of { (�(lh State of lL (� (YL i� e County of�Fr y t_ . s p County of LDL {�Yt`�ss /, On OZbefom me,t�lkckl plot e�Z On [I (3 p beforeme, �Qdti. CV fefe-Z , personally appeared 0 ke n 'j Wf I U, d— personally appeared C personally known to me (or proved to me on he basis of personally known to me (or proved to me on the basis(If satisfactory evidence) to be the person(s) whose name(s) satisfactory evidence) to be the person(s) whose name s) is/are subscribed to the within instrument and acknowledged is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their to me that he/she/they executed the same in his/her/their authorized capacity(ies),and that by his/her/their signature(s) authorized capacity(ies),and that byhis/her/theirsignature(s) on the instrument the person(s), or the entity upon behalf of on the instrument the person(s),or the entity upon behalf of which the person(s)acted,executed the instrument. which the person(s)acted,executed the instrument. WITNESS my hand and official seal. WITNESS my hand and officials al. Notary Signature: Notary Signature: Notary Seal: Notary Seal: HCHITL p@REZ -•. xOCHITt P5H5Z Comm.p 1309525 r s /� Comm,p 1309525 'y I! NOTARY PUBLIC-CALIFOBNIA N N ^`'� NOTABY PUBLIC-CALIFORNIA N Los Angeles County Los Angels Cmnmy My Comm.Bxores June 20,2005 .o...e in,Cnmm Feuns 2006 r ATTACHMENT PALM SPRINGS INTERNATIONAL AIRPORT CONSULTANT HOURLY BILLING RATES March 12, 2002 Note: Hourly rates are subject to annual increases Gensler Architectural Services Principal . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $130.00 - 150.00/Hr. Senior Associates . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $103.00 - 114.00/Hr. Associates . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $90.00— 102.00/Hr. Designers / Engineers . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $70.00— 89.00/1-1r. Draftspersons . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $56.00—69.00/Hr. Brandow& Johnston Associates Structural Engineering Services Principal . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $170.00/Hr. Associate . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $130.00 - 140.00/Hr. Project Engineer . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $108.00— 125.00/Hr. Engineer . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $68.00—95.00/Hr. Drafter/Technical . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $45.00—97.50/Hr. Clerical/Administrative . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $68.25/1-1r. Levine/Seegel Associates Mechanical Engineering Consultants Principal . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $141.00 - 162.00/Hr. Senior Associate . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $111.00 - 125.00/Hr. Associate . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $93.00- 11 0.00/Hr. Designer/Engineer . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $73.00- 92.00/1-1r. Draftperson . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $56.00- 72.00/Hr. Wordprocessing . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $48.00- 64.00/1-1r. VSA Airports Civil Engineers & Constructors Principal . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $95.00/1-1r. Project Manager . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $80.00/Hr. Senior Engineer . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $70.00/1-1r. Project Engineer/Construction Coordinator . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $70.00/Hr. Project Planner/Associate Construction Coordinator . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $60.00/1-1r. Engineering Technician . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $55.00/Hr. Field Technician . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $45.00/1-1r. Graphics/CADD Operator . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $40.00/Hr. Clerical . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $35.00/1-1r. Auto-CADD Work Station . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $30.00/1-1r. ATTACHMENT Turner Construction Company Cost Estimating Services Estimators . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $95.00/Hr. Gensler Architectural Services AGREEMENT #4382 Amend 6 M07142, 9-4-02 AMENDMENT NO. 6 ---- --- AGREEMENT NO. 4382 - ARCHITECTURAL SERVICES THIS SIXTH AMENDMENT to Agr ement No. 4'.3//82 for contract services, (herein "Agreement")made and entered into on the day o€, �ye�,�(�` ,2002,by and between the CITY OF PALM SPRINGS (herein"City") and GENSLER(herein"ARCHITECT") is hereby amended effective September 4, 2002, as follows: Section 1. Revise the Title for Task 3 Exhibit "A" of Services, Exhibit "C" Schedule of Compensation, Exhibit"D" Schedule of Performance as follows: Original Description, as revised: Task 3 Rental Car Ready Lot Reconfiguration Revised Description, per this Amendment: Task 3, Northerly Terminal Access Roadway Reconfiguration. Section 2. Exhibit "A" Scope of Services, Task 3, Northerly Terminal Access Roadway Reconfiguration, is hereby amended by adding the following additional Sub-Task items. Sub-Task(a): Additional services for architectural,graphics,landscape architecture and electrical design for preparation of a bid package, as well as associated addendums. Sub-Task (b): Extended schedule beyond the original projection of completing services as outlined in Amendment#5. Sub-Task(c): Additional design changes as directed per design review on May 29, 2002. Sub-Task(d): Unforseen complexity and scope of signage program as outlined in Amendment#5. Sub-Task (e): Extend architectural services for bidding phase to include work required for addendums. Bidding phase is scheduled to begin on July 26, 2002 through August 27, 2002. Sub-Task(f): Architectural services for construction administration phase. Services to include review and approval of architectural shop drawings and submittals, review and approval of signage shop drawings and submittals and general coordination with and support of the City's Project Representative. Sub-Task(g): Sub-consultant (electrical and landscape architecture) construction administration support. Section 3. Exhibit "C" Schedule of Compensation for Task 3 Northerly Terminal Access Roadway Reconfiguration Project, is hereby replaced in its entirety by adding the following items: 1. Services for Task 3 Northerly Terminal Access Roadway Reconfiguration shall be developed based on Time and Materials with total costs not to exceed a maximum of $218,491 and further broken down as follows: (This Amendment adds $56,980 to the contract and is included in the $218,491.) Original Revised Amount (This Amount Amendment)_ Architectural & Signage $78,017.00 $106,997.00 Structural Engineering 6,289.00 6,289.00 Special Structural Analysis 12,000.00 12,000.00 Civil Engineering 27,536.00 27,536.00 Landscape 8,000.00 14,000.00 Electrical Engineering 6,000.00 28,000.00 Cost Estimating 2,000.00 2,000.00 Administration 21,669.00 21,669.00 Not to Exceed Amount $161,511.00 $218,491.00 2. Actual compensation shall be based on hours worked times the hourly rates, (see Attachment 1), but not exceeding the percentage of completion. Payment will be made monthly based on the percentage of work completed in each area of work defined above. Section 4. Exhibit "D" Schedule of Performance, for Task 3, Northerly Terminal Access Roadway Project, is_hereby amended by adding new bid and construction dates as follows: 1. The bid date for Task 3 Northerly Terminal Access Roadway Project is August 27, 2002. Construction is estimated to be complete by December 2002. Section 5. Exhibit "A" Scone of Services, is hereby amended by adding the following work Task: Task 7-Provide on call architectural services related to the planning and installation ofEDS equipment throughout the Palm Springs International Airport. The following on call services are provided: 1. Assist Airport personnel in locating new security equipment(Explosive Trace Detectors). 2. Prepare sketch documents depicting new equipment locations. 3. Prepare construction documents for terminal improvements not exceeding a total of 900 square feet. Anticipated work items are drywall, flooring, glazing expansion, etc. 4. Assist Airport personnel with utility coordination for the positioning of the security equipment. Section 6. Exhibit"C"Schedule of Compensation, is hereby amended by adding the following Task 7: 1. Task 7 shall be developed based on Time and Materials with total costs not to exceed$25,000.00. Actual compensation shall be based on hours worked times the hourly rate (see Attachment 1), but not exceeding the $25,000.00. Architect shall submit invoices for the actual time worked for reimbursement. Section 7. Exhibit"D" Schedule of Performance, is hereby amended by adding the following time line: l. Task 7-Preparation of construction documents shall be completed within 30 days from issuance of Notice to Proceed by the City. IN WITNESS WHEREOF, the parties have executed and entered into this Agreement as of the date first written above. CITY OF PALM SPRINGS ATTEST: a municipal corporation City Clerk City Manager ! / APPROVED AS TO FORM: City Attorney ✓1 L/ CONTRACTOR: Check one:_Individual_Partnership_Corporation f l Corporations require two notarized signatures: One from each of the following: A. Chairman of Board,President,or any Vice President:AN B.Secretary,Assistant Secretary,Treasurer,Assistant Treasurer,or Chief Financial Officer). t_y. -j',�r � �G,Gy /( ` !] y, Signature(notarized) Signature(narized) Name: 51[f Name: �d-er9 ,.:6 . V rV q k u Title: t� C =� ;�u rro�ern CCL61 Z(fgiurt Title: A + C,C P�'C'si rtCu t State ofb' p I State of �f I County of as County of ss Ong*' 4eforemey.kgt4iu uvv 6 I 0AL4 OZ before me, v V�VWW �� � �I personally appeared `K' � personally appeared t^1A Yx ia* 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 evident*to be the person(cl whose name*We% satisfactory evidence)to be the person*whose name(i.)is/arc subscribed to the within instrument and acknowledged tome that subscribed to the within instrument and acknowledged tome that h"she/thy-executed the same in hie/her/their-authorized he/she/ther executed the same in i+is/her/thwF authorized capacity(i*, and that by his/her/their signature(*on the capacity#*#, and that by Wher/t**W-signaturet*on the instrument the person c) or the entity upon behalf of which the instrument the persomft or the entity upon behalf of which the person(s)acted,executed the instrument. person(e}acted,executed the instrument. WITNESS my hand and official seal. WITNESS my hand and official seal. Notary Signature: 0 Notary Signature: Notary Seal: Notary Seal: ��^ x r-- CHRLSTINE DEtdN1S CHRISTIPJE Dt?JPIIS " �< Commission#1212i3tF t 44 ,..W,;„^. Commis sion;i 121213a z j lam° `,' Nofo�yPublic-California � �fTti x Notary Public-Colifomiri. \\\\ .;:~ tos Angeles County Fi�`C� las.Nigeles Counts �) �"��- . myccmrnrDpi�Mar3i,�T�'a3 ,1 ,r�r myComm.riplresAk1r31.20C3� *On behalf of Andrew P. Cohen, Managing Principal of the Los Angeles Regional Office, California Registration Number C12855 Gensler • Architectural Services AGREEMENT #4382 Amend 5 AMENDMENT NO 5 M07087, 6-5-02 AGREEMENT NO 4382 -ARCHITECTURAL SERVIE;L — — THIS FIFTH AMENDMENT to Agreement No 4382 for contract services, (herein "Agreement") made and entered into on the i( day of JUc L; -- , 2002, by and between the CITY OF PALM SPRINGS (herein "City") and GENSLER (herein "Architect") is hereby amended effective June 5, 2002, as follows: 1. Exhibit "A" Scope Of Services Exhibit "C" Schedule of Compensation, Exhibit "D" Schedule of Performance (all figures are Lump Sums): Amendment No 3 to the above noted agreement outlined the design, document development and a Planning Commission approval package for a "Blast Wall", which would be located on the north side of the terminal, near baggage claim. Based on guidance received from the Transportation Security Administration (TSA), the "Blast Wall" is not required, based on a reconfiguration of the rental car ready lot. Any and all Project Descriptions in the above noted Exhibits shall be amended as follows: Original Description: Blast Wall (north side of terminal - baggage claim) Revised Description: Rental Car Ready Lot Reconfiguration 2. Exhibit"A" Scope of Services, is hereby amended by adding the following design work items: Rental Car Ready Lot Reconfiguration : Scope includes complete design, bid document development and Planning Commission approval package,design and detailing of the Rental Car Ready Lot including the new Vehicle Control Barriers, Signage, Lighting and Landscaping. The reconfiguration's intent is to meet the security requirements as mandated by the Transportation Security Agency (TSA). The design will take into account the general aesthetic of Palm Springs International Airport, but will also be sensitive to budget and schedule. As much as possible, the design will utilize local materials and construction means and methods to minimize on procurement and installation. 3. Exhibit "C" Schedule of Compensation is hereby amended by adding the following items: Deleting the work described in Amendment relating to the blast wall for$134,495 and adding the work related to the Rental Car Ready Lot Reconfiguration for $161,511, as stated in this amendment. Rental Car Ready Lot Reconfiguration shall be designed based on Time and Materials not to exceed a maximum, of $161,511 and further broken down as follows: Gensler Agreement No 4382 Amendment No 5 June 5, 2002 ORIGINAL AMOUNT REVISED AMOUNT(THIS (AMENDMENT#3) AMENDMENT) Architectural & Signage $55,598.00 $78,017.00 Structural Engineering $7,889.00 $6,289.00 Special Structural Analysis $31,559.00 $12,000.00' Civil Engineering $10,520.00 $27,536.00 Landscape $0.00 $8,000.00 Electrical Engineering $0.00 $6,000.00 Cost Estimating $0.00 $2,000.00 Administration $28 929.00 $21 669.00 Not to Exceed Amount $134,495.00 $161,511.00 'Services for Special Structural Analysis will be invoiced on a Time and Materials basis not to exceed the stated allowance. Actual compensation shall be based on hours worked times the hourly rates, (see Attachment 1), but not exceeding the percentage of completion. Payments will be made monthly based on the percentage of work completed in each area of work defined above. Included within this proposal are fees incurred for the previous "Blast Wall" Design (Amendment #3). These fees noted above exclude the following: • Construction Administration • Bid support/tender package development 4. Exhibit "Y Schedule of Performance is hereby amended as follows: Rental Car Ready Lot Reconfiguration final bid documents to be completed within 60 calendar days. N.\Agreements\Engineering\Gensler_Amendment#5 06-05-2002.wpd Gensler Agreement No 4382 Amendment No 5 June 5, 2002 Attachment 1 PALM SPRINGS INTERNATIONAL AIRPORT 05.0201.000 CONSULTANT HOURLY BILLING RATES March 12, 2002 Note: Hourly rates are subject to annual increases Gensler Architectural Services Principal . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $130.00 - 150.00/Hr. Senior Associates . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $103.00 - 114.00/Hr. Associates . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $90.00 — 102.00/Hr. Designers / Engineers . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $70.00 — 89.00/Hr. Draftspersons . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $56.00 — 69.00/Hr. Brandow & Johnston Associates Structural Engineering Services Principal . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $170.00/Hr. Associate . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $130.00 - 140.00/Hr. Project Engineer . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $108.00 — 125.00/Hr. Engineer . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $68.00 — 95.00/Hr. Drafter/Technical . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $45.00 — 97.50/Hr. Clerical/Administrative . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $68.25/Hr. VSA Airports Civil Engineers & Constructors Principal . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $95.00/Hr. Project Manager . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $80.00/Hr. Senior Engineer . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $70.00/Hr. Project Engineer/Construction Coordinator . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $70.00/Hr. Project Planner/Associate Construction Coordinator . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $60.00/Hr. Engineering Technician . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $55.00/Hr. Field Technician . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $45.00/Hr. Graphics/CADD Operator . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $40.00/Hr. Clerical . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $35.00/Hr. Auto-CADD Work Station . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $30.00/Hr. Turner Construction Company Cost Estimating Services Estimators . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $95.00/Hr. Gensler Agreement No 4382 Amendment No 5 June 5, 2002 Attachment 1 Weidlinger Associates Special Structural Engineering Services Principal . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $180.00/Hr. Senior Associates . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $125.00/Hr. Associates . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $120.00/Hr. Senior Engineers . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $105.00/Hr. Engineers . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $85.00/Hr. Designers . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $78.00/Hr. Full-Time Resident Engineer/ Clerk of Works . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $80.00/Hr. CADD Operators/Drafters . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $72.00/Hr. Word Processors . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $50.00/Hr. N:\Agreements\Engineering\Gensler_Amendment#5 06-05-2002.wpd Gensler Agreement No 4382 Amendment No 5 June 5, 2002 IN WITNESS WHEREOF, the parties have executed and entered into this Agreement as of the date first written above. CITY OF PALM SPRINGS ATTEST a municipal corporation By. —��� C ' � By;— City Clerk City Manager APPROVED AS TO FORM: City Attorney VV CONTRACTOR: Check one:_Individual_Partnership l�Corporation Corporations require two notarized signatures: One from each of the following: A. Cfj3ir an of Board, President,or any ViG;' esident.AND B Secretary,Assistant Secretary,Treasurer,Assistant Treasurer, or Chief Finand O cer). w� By: By: '� Sig ature (n5'tarffK Signatu (notarized) Name: Ellen J./Wright Name: Stephanie/. Koenig Title: Vice President Title: Ch1ef Financial Officer Stateof California Stateof California ll J County of Los Angeles ss Countyof Los Angeleslss OnL1/0eeforeme,Christine Dennis Notary PublQrcr6/11/02 beforeme, Christine Dennis,Notary Public personally appeared Ellen J. Wright personally appeared Stephanie E. Koenig 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 name(%) satisfactory evidence) to be the persons whose name) is/are subscribed to the within instrument and acknowledged is/aw—subscribed to the within instrument and acknowledged to me that he/she/they executed the same in kis/her/+eir to me that ke/she/tl ey executed the same in 4is/her/the4r authorized capacity(iN),and that by his/her/thei-signatureN authorized capacity(it's),and that by his/her/theirsignaturets� on the instrument the personN, or the entity upon behalf of on the instrument the person(s), or the entity upon behalf of which the person(,4q acted, executed the instrument. which the person(%.) acted, executed the instrument. WITNESS my hand and official seal. WITNESS my hand and official seal. `�,� R • "7" rCJ'� ' Notary Signature: �.1^� Notary Signature: �� . Notary Seal: Notary Seal: --�-Y., CHRIST 111E DENNIS CHRISIINE DENNI.S Commission# 1212130 d Commission#1212'130 z z NOtEly Public-Califcrnic9 x z '� Notary Public-California Los Angeles Comb/ jr , Los Mgeles County "--'' MyCurnmPp`v.,Mor31,20i3 A4yComtnE-xFia�;Mor3i. 103 "On behalf of Andrew P.Cohen,Managing Principal of the Los Angeles Regional Office California Registration Number C12855 • Gensler Airport Architect Design AGREEMENT #4382, Amend #4 CM signed 4-12-02 AMENDMENT#4 — --- -- AGREEMENT A4382 - AIRPORT ARCHITECTURAL DESIGN THIS FOURTH AMENDMENT to Agreement A4382 for contract services, (herein "Agreement") made and entered into on the Zf'Oday of jApftlL�- , 2002, by and between the CITY OF PALM SPRINGS (herein " i ") and G ER (herein "Architect") is hereby amended effective April 10, 2*08 LC.gZ_ F�yny 1. Exhibit "A" Scope of Services, is hereby amended by adding the following work item: Explosives Detection System (EDS) Placement Study: The intent of this study is to recommend means by which 100%of checked baggage at the Airport may be screened for explosives by December 31, 2002, in a manner consistent with the Transportation Security Act of 2001. As the specific procedures required of the Transportation Security Administration (TSA) are still being prepared, Architect will assess the most likely procedures/technologies to be approved,while also considering how any proposed solution might be adapted to respond to changes in those procedures/technologies. Task 1. Identify potential EDS technologies: Architect will summarize the potential EDS technologies and processes approved by the TSA to be considered for use at Palm Springs International Airport. Screening throughout of each technology/process will be defined as well. Task 2. Develop demand estimates: Schedule data from the airlines operating at PSP will be analyzed in combination with input from the tenant airlines regarding post 9/11 passenger demographics to determine peak bag screening rates required underthe different operating scenarios of each alternative concept listed in Task 3. Task 3. Develop alternative concepts: Architect will develop three general conceptual alternatives for EDS at the Airport. Each alternative will consider the number and type of EDS equipment required as well as any supporting building and bag system modifications required. These conceptual alternatives will include the following three configurations: a. EDS in-line with the outbound baggage system b. EDS within or directly behind the ticket counter C. Stand-alone EDS in the ticketing lobby Task 4. Evaluate alternatives: Each alternative will be evaluated with regards to: a. Capital costs of equipment, required construction and installation b. Staffing required of the Airport, TSA, and airlines C. Passenger service levels as reflected in last-bag close-out times, queuing and circulation impacts on public areas d. Outline a proposed schedule to meet the December 31, 2002,TSA deadline Task 5. Select and refine preferred alternative: From the evaluation of alternatives, one will be selected by City and Architect will prepare it for submittal to the TSA as the Airport's preferred EDS alternative. Task 6. Deliverables: Deliverables will include one full-size set of plans (plus 6 copies) describing the functional arrangement of the recommended alternative and six copies of a summary report detailing the findings of the study and itemizing further actions necessary for continued development of the project. 2. Exhibit "C" Schedule of Compensation is hereby amended by adding the following item: Explosives Detection System Placement Study (Tasks 1-6) shall be developed based on Time and Materials with total costs not to exceed a maximum of$23,500. Actual compensation shall be based on hours worked times the hourly rates, see Exhibit "E" but not exceeding the $23,500. Payments will be made at the satisfactory conclusion of the Study. 3. Exhibit "D" Schedule of Performance is hereby amended by adding the following: Explosives Detection System Placement Study (Tasks 1-6) shall be completed within 30 calendar days from issuance of Notice to Proceed by the City. IN WITNESS WHEREOF,the parties have executed and entered into this Agreement as of the date first written above. ATTEST: CITY OF PALM SPRINGS, CALIFORNIA :2L B f City Clerk City Manager`—' APPROVED AS TO FORM: it �%A}torney CONTRACTOR: M. Arthur Gensler Jr. & Associates, Inc. (Check One: individual, partnership, X corporation)) (NOTARIZED) By: ru/ // Z,/ii--,T— y4 nature r FL t�v d. LJ�tekT. r ccc PWe01DC- F Print e (NOTARIZED) B g nature Stephanie Koenig, Vice President, CFO, S. Calif. Print Name and Title Mailing Address: 2500 Broadway, Ste, 300 Santa Monica, CA 90404 (Corporations require two signatures; one from each of the following: A. Chairman of Board, President,any Vice President;ANDB. Secretary,Assistant Secretary,Treasurer,Assistant Treasurer, or Chief Financial Officer.) End of Signatures *On behalf of Andrew P. Cohen,Managing Principal of the Los Angeles Regional Office California Registration Number C12855 AYPROVE D BY THE CITY MANAGER OM 44-/l* -[2A r 9f-2 CALIFORNIA ALL-PURPOft ACKNOWLEDGMENT • State of California County of Los Angeles On April 2, 2002 before me, Christine Dennis Notary Pahlir Dale Name and The of Officer(e it.,"Jane Doe,Notary Public") personally appeared Ellen J. Wright and Stephanie Koenig ---------- Name(.)of Signer(,,) ❑personally known to me-OR-1�proved to me on the basis of satisfactory evidence to be the person(s) whose names)Ware subscribed to the within instrument and acknowledged to me that"tlefsl;e/they executed the same in him*w/their authorized capacity(ies), and that by rtfisfFfer/their signature(s) on the instrument the person(s), t ccrrlmission# 1212130 z or the entity upon behalf of which the person(s) acted, P!otan,,Public-Califamia executed the instrument. LOS Ancgelas County f it V�`/ MalComm.Ea c ,a31,i^73? WITNESS my hand and official seal. Sgaature of Notary Public OPTIONAL Though the information below is not required by law, It may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Amendment #4 to Agreement A4382 - Airport Archtectural Design Document Date: April 2, 2002 Number of Pages; Signer(s) Other Than Named Above: City Clerk and City Manager Capacity(lies) Claimed by Signer(s) Signer's Name: Ellen J. Wright Signer's Name: Stephanie Koenig ❑ Individual ❑ Individual �3 Corporate Officer CA Corporate Officer Title(s): Vice President Title(s): Virp President ❑ Partner—❑ Limited ❑ General ❑ Partner—❑ Limited ❑ General ❑ Attorney-in-Fact ❑ Attorney-in-Fact ❑ Trustee ❑ Trustee ❑ Guardian or Conservator ❑ Guardian or Conservator ❑ Other: Top of thumb here ❑ Other: Top of thumb here Signer Is Representing: Signer Is Representing: M. Arthur Gensler & M. Arthur Gensler & Associates, Inc. Associates, Inc. ©1994 National Notary A.eecetai,•8236 Rommel Ave.,PO Box 7184"Canoga Park,CA 913094184 Prod.No 5907 Fournier:Call Toll-Free 1-800-676-6827 # • M E M O R A N D U M DATE: April 15, 2002 TO: Procurement - Bruce Johnson FROM: Office of the City Clerk RE: Gensler, Amendment#4, A4382: CC: File Attached please find three copies of the above-mentioned Amendment #4, with Gensler & Associates, for Airport Architectural Design, approved by the City Manager of Palm Springs, on April 12, 2002. Please make the necessary distribution. I have retained an original amendment for our records. If you have any questions, please let me know. `�"' Barb Gensler • . Airport Architect Svcs AGREEMENT #4382 Amend #3 AMENDMENT#3 M07031, 3-20-02 AGREEMENT A4382 -AIRPORT ARCHITECTURAL DESIGN -- THIS THIRD AMENDMENT to Agreement A4382 for contract services, (herein "Agreement") made and entered into on the Z&�'day of VYAV'&-, 2002. by and between the CITY OF PALM SPRINGS (herein "City") and GENSLER (herein "Architect") is hereby amended effective March 20, 2002, as follows: m 1. Exhibit"A"Scope of Services, is hereby amended by adding the following design work items: V Blast Wall (north side of terminal-baggage claim): Scope includes complete design, 0 bid document development and Planning Commission approval package,detailing of the blast wall, taking into account the context of the structure it is protecting, and o meeting Transportation Security Agency blast wall requirements. The wall will be designed as an independent wall not requiring modification to the existing terminal q building. Work includes sub consultants to provide the special expertise and 4=- V engineering to ensure design compliance with the blast assessment report competed b by Weidlinger Associates. Wall will be approximately 20 feet in height and 100 feet 10 �\ in length and will allow access between baggage claim and rental ready lot. V" v Vehicle Access Restrictors: Scope includes the design and detailing of a vehicle 0 access restrictor for use at multiple locations on the Airport access roadway system. v This restrictor is a device installed over the roadway to limit certain size vehicles from UI N accessing the Airport terminal building or parking lots. Scope shall be performed in N two phases: Phase I Conceptual Design includes study of potential locations for Ej barriers and will develop at least three (3) possible solutions using standard manufactured components or derivatives thereof. The result will be the submittal of a 11 x 17 booklet for review and approval and a presentation drawing for Planning Commission review and approval. Phase II shall be inclusive of Design Development through Construction Bid documents of the selected vehicle restrictor including entry rework to provide for primary warning of restrictor ahead, actual restrictor, exit ways for non-complying vehicles and necessary signage. 2. Exhibit "C" Schedule of Compensation is hereby amended by adding the following items: Blast Wall shall be designed based on Time and Materials not to exceed a maximum, of$134,495 and further broken down as follows: Architectural & Presentation $55,598. Structural Engineering 7,889. Special Structural 31,559. Civil Engineering 10,5209. Estimating &Administration 28,929. Not to Exceed $134,495 Actual compensation shall be based on hours worked times the hourly rates, (see Exhibit E), but not exceeding the percentage of completion. Payments will be made monthly based on the percentage of work completed in each area of work defined above. ORIGINAL Ea 4NDIOR AGREEf:EKT Blast Damage Assessment modifications to include large SUV analysis at a fixed fee of$7,000 upon completion and delivery to City of satisfactory SUV analysis. Vehicle Restrictor shall be designed over a two-phase process all on Time and Materials with a not to exceed maximum of$97,930 as further broken down as follows: Phase I Services Phase II Services Architectural/& Presentation $23,000 $26,250 Graphics 1,150 10,925 Structural Engineering 2,300 9,200 Special Structural Analysis 1,380 700 Civil Engineering 1,150 3,250 Cost Estimating 700 1,600 Administration 6,325 10,000 Not to Exceed Amount $36,005 $61,925 Not to Exceed Total Fee Amount $97,930 Actual compensation shall be based on hours worked times the hourly rates, (see Exhibit E for hourly rates), but not to exceed the total amount listed above in each phase. Payments will be made monthly based on the percentage of work completed in each area of the work defined above. 3. Exhibit "D" Schedule of Performance is hereby amended as follows: Blast Wall final bid documents to be completed within 60 calendar days. Blast Damage Assessment- Large SUV shall be completed within 15 calendar days. Vehicle Access Restrictor alternative design Phase I completed in 30 calendar days, selected alternative design shall be completed with 30 days of selection by Executive Director - Airports. Phase II design development through construction documents shall be completed within 60 calendar days of Planning Commission approval of Phase I alternative. 0 IN WITNESS WHEREOF,the parties have executed and entered into this Agreement as of the date first written above. ATT CITY OF PALM SPRINGS, CALIFORNIA City Clerk City Manager E APPROVED AS TO� FORM: Zyi�tf�l,l.^--`--_ Ci'y Attorney CONTRACTOR: M. ARTHUR GENSLER & ASSOCIATES, INC. (Check One: individual, partnership, X corporation) (NOTARIZED) By: �'� '// * Signature) fjIGYI 1A�Y I.af1f, VICL Pr l611i + Print Name an Title (NOTARIZED) By: , j j Siggture Agreement over/jMdgr$25,900 � "�' Reviewed•nd qpp� { �ll Y1ld. V�� t U tu_� �,0001 Proevrep�* Print Name and Title ��� Inittab, ,„ p -]h* 'r Mailing Address:Z!5yo . P.Q NgmbeC Ir r �jQ� �"f W14�11 PA %qoO APPROVED BY THE CIV COURCIL ZU 7413/ .3 o2�-oz (Corporations require two signatures; one from each of the following:A. Chairman of Board, /17 173,FZ President, any Vice President, AND B. Secretary, Assistant Secretary,Treasurer,Assistant Treasurer, or Chief Financial Officer.) End of Signatures * On behalf of Andrew Pe Cohen, Managing Principal of the Los Angeles Regional Office, California Registration Number C12855 CALIFORNIA ALL-PURPA ACKNOWLEDGMENT State of County of�M��"�" �C , On ZO before me, Dale Nlikme and The o Officer e. ,Not ry ulklic)personally appeared Na e(s)of Signers) ' ❑personally known to me—OR—❑proved to me on the basis of satisfactory evidence to be the person(s) whose name(s)-ie/are subscribed to the within instrument and acknowledged to me that ftefslae/they executed the • Mir same in J;isllier/their authorized capacity(ies), and that by CHP.IS71NEDFVN'l hisAI ew/their signature(s) on the instrument the person(s), / Co remission„ 1212133 or the entity upon behalf of which the person(s) acted, I•{4 a Rlotary P,n(fc-Califami© P O F ,�5 executed the instrument. Lcu,�ngelcs Ccuniy f7 IL_.. --- NN Comm.E-xp�;tsAcu 31„ WITNESS my hand and official seal. V� Signature of Notary Publlc OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. i; Description of Attached Document Title or Type of Document: Document Date: �� V� �j (�� Zco2, Number of Pa es: Signer(s) Other Than Named Above: T Capacity(ies) Claimed by Signer(s) Signer's Name: Signer's Name: fj6`u.Y+Y� ❑ Individual ❑ Individual 41WCorporateRY cgr Al �orporate �}ffcer � Title(s): C�C�I Tltle(s): IItQj4 ❑ Partner—❑ Limited [-] General ❑ Partner—❑ Limited ❑ General ❑ Attorney-in-Fact ❑ Attorney-in-Fact ❑ Trustee ❑ Trustee ❑ Guardian or Conservator ❑ Guardian or Conservator ❑ Other: Top of thumb here ❑ Other: Top of thumb here Signer Is Representing: ` Signer Is Representing: ©1994 National Notary Association•8236 Rammel Ave.,PO.Box 7184•Canoga Park,CA 91309 7184 • Pod No 5907 Reorder.Call Toll-Free 1 800 876-6827 • EStHtBtT aG �� • PALM SPRINGS INTERNATIONAL AIRPORT 05.0201.000 CONSULTANT HOURLY BILLING RATES March 12,2002 Note: Hourly rates are subject to annual increases Gensler Architectural Services Principal................................................................................$130.00- 150.00/Hr. Senior Associates.......................................................................$103.00 - 114.00/Hr. Associates................................................................................$90.00— 102.00/1-1r. Designers/Engineers....................................................................$70.00—89.00/Hr. Draftspersons..............................................................................$56.00—69.00/Hr. Brandow & Johnston Associates Structural Engineering Services Principal...........................................................................................$170.00/Hr. Associate.................................................................................$130.00- 140.00/Hr. Project Engineer.........................................................................$108.00— 125.00/1-1r. Engineer....................................................................................$68.00—95.00/Hr. Drafter/Technical..........................................................................$45.00—97.50/Hr. Clerical/Administrative..............................................................................$68.25/Hr. VSA Airports Civil Engineers & Constructors Principal............................................................................................$95.00/Hr. ProjectManager....................................................................................$80.00/Hr. SeniorEngineer....................................................................................$70.00/Hr. Project Engineer/Construction Coordinator....................................................$70.00/Hr. Project Planner/Associate Construction Coordinator..........................................$60.00/Hr. Engineering Technician...........................................................................$55.00/Hr. FieldTechnician....................................................................................$45.00/Hr. Graphics/CADD Operator...................................................... .................$40.00/Hr. Clerical...............................................................................................$3 5.00/Hr. Auto-CADD Work Station........................................................................$30.00/Hr. C1TEMPTSP consultant hourly rates.doe Hourly Billing Rates March 12,2002 Page 2 of 2 Weidlinger Associates Special Structural Engineering Services Principal............................................................................................$180.00/Hr. SeniorAssociates....................................................................................$125.00/FIr. Associates............................................................................................$120.00/Hr. SeniorEngineers....................................................................................$105.00/Hr. Engineers...............................................................................................$8 5.00/Hr. Designers...............................................................................................$7 8.00/Hr. Full-Time Resident Engineer/Clerk of Works....................................................$80.00/Hr. CADD Operators/Drafters..........................................................................$72.00/Hr. WordProcessors.......................................................................................$50.00/Hr. Turner Construction Company Cost Estimating Services Estimators............................................................................................$95.00/Hr. C gEMPWSP CONSULTAW HOURLY RATES 000 of p��M SAS City of Pa9m springs � N OFFICE OF PROCUREMENT & CONTRACTING To: Office of City Clerk �q Uv From: Office of Procurement& Contracting Subject: GENSLER S Date: March 27, 2002 Attached are the following docluments: 4 sets of Contract documents executed by Contractor and notarized N/A Perforniance Bonds N/A Original Payment Bonds N/A Confirmation of status of surety company N/A Original Bid N/A Copy of bid bond N/A One copy of Specifications a/-A Certificates of Insurance for the required polices IV/ Confirmation of status of insurance carrier from the following companies: N/A Copy of Extract of Public Works Contract Award N/A Copy of Bid Result Check List N/A Copy of Bid Abstract DEL'D TO CLERKS OFFICE BY A � ' .� DATE:",'�s `.� TIME: RECEIVED AND REVIEWED BY CLERK DATE: TIME: SIGNED AGREEMENTS RETURNED TO PROCUREMENT BY DATE TIME: R:\USERS\WPPUBLIC\CONTRACT PROCESSING\Clerk transmittalGensler.wpd M E M O R A N D U M DATE: April 2, 2002 TO: Procurement- Bruce Johnson FROM: Office of the City Clerk RE: Amendment#3 to Agreement No. 4382, Gensler, Airport Architectural Design: CC: File Attached please find three copies of the above-mentioned Amendment #3, A4382, for Airport Architectural Design, approved by the City Council of Palm Springs, on March 20, 2002. Please make the necessary distribution. I have retained an original amendment for our records. If you have any any questions, please let me know. Barb 0 M E M O R A N D U M DATE: November 26, 2001 TO: Al Smoot— Director of Aviation FROM: Office of the City Clerk RE: Amendments #1 and #2, A4382, Gensler&Assoc.: CC: File Attached please find two copies of each amendment listed above, one copy for your records and one copy of each amendment to be forwarded to the FAA. Amendment#1 was approved by the City Council on November 7, 2001, and Amendment#2 was approved by Council on November 14, 2001. 1 have retained one copy for our files and forwarded a copy to Finance, and the Procurement and and Contracting Dept. Barb cc: Finance w/amendments Procurement w/amendments File Gensler �' • •Airport Architectural Design AGREEMENT #4382 Amend #2 AMENDMENT NO. 2 M06960, 11-14-01 AGREEMENT#A4382 -AIRPORT ARCHITECTURAL DESIGN THIS SECOND AMENDMENT to Agreement #A4382 for contract services, (herein "Agreement") made and entered into on the 18th day of July 2001, by and between the CITY OF PALM SPRINGS(herein"City")and GENSLER(herein"Architect") is hereby amended effective November sI'� 2001, as follows: 1. Exhibit "A" Scope of Services, is hereby amended by adding the following: BLAST ANALYSIS -TERMINAL BUILDING. At the request of the CITY, GENSLER has agreed to retain Weidlinger Associates, Inc. to provide a blast damage assessment of the existing Airport Terminal Structure. Following an initial site visit, it was concluded that the possibility of truck level threats is very remote and therefore the effort will focus on lower level sized threats. Threat A: Compact Sedan Threat B: Sedan Threat C: Passenger Cargo Van Threat D: Suitcase The charge weights associated with each threat is in accordance with the latest FAA directive and will be identified in separate documentation. Standoff distances were established at four locations: Standoff#1: Inner Roadway Curbside Standoff#2: Outer Roadway Curbside Standoff#3: Public Parking Zone Beyond the Roadways Standoff#4: Future Master Plan Roadway Alignment SCOPE OF SERVICES 1. Assessment of the Exterior Canopy for Threats A, B and C at the four -standoffs. 2. Assessment of the Center Terminal for Threats A, B and C levels at the four standoffs. 3. Assessment of the low rise North Wing for Threats A, B and C at the four standoffs. 4. Assessment of the low rise South Wing for Threats A, B and C at the four standoffs at structural bays which differ from the North Wing. 5. Assessment of the end bay zone of both low rise wings for Threat B at a close curb standoff of+ 10'-0" and a 150'-0" standoff, which is the distance to the rental car drop off checkpoint. 6. Assessment of the four building components for Threat level D at a typical interior and exterior column. 7. A final draft report (5 copies) defining the vulnerability of the structural components of the terminal to the various defined threats and standoffs. sj • • For all assessments of the parking area standoff, Contractor will determine the standoff distance where no structural damage will occur. The general method of analysis will first involve the use of applicable computer codes to determine the design blast loading at the critical locations. Contractor will calculate the ambient overpressure, ambient impulse, reflected pressures, reflected impulses and associated duration times as a function of the charge weight, chemical composition and the standoff distance. The dynamic loading calculated by the aforementioned programs will then be used to analyze the individual structural components (beams, slabs, columns and girders) through the use of structural analysis computer codes developed by Weidlinger Associates, Inc. (WABEAM,WASLAB, and WABIBS). These programs calculate the maximum displacement, rotation, ductility, shear and ultimate strength and check it against the increased dynamic short term strength. The results of these efforts will be tabulated, and loadings or assumptions modified to arrive at a converging result. At the end of Contractor's Phase I evaluation, Contractor will present reasonable mitigation actions to protect or harden the existing terminal facility. Deliverables will include five copies of the final report which shall be labeled "Draft" for security purposes. 2, Exhibit "B" Special Requirements, is hereby amended by adding an approved sub contractor to Section 4.3 of Weidlinger Associates, Inc. 3. Exhibit "C" Schedule of Compensation is hereby amended by adding a Special Pay item entitled "Blast Damage Assessment" at a fixed fee of $60,500 to include reimbursables, and all Document Retrieval, assembly and contract conditions by GENSLER, structural consultation with Brandow & Johnson, and a future onsite meeting to discuss the analysis findings. Up to 20%of the fee may be invoiced during the analysis effort with the remainder due upon completion of the analysis and delivery of the "draft" reports. 4. Exhibit "D" Schedule of Performance is hereby amended by adding the "Blast Damage Assessment" work item in the Schedule of Performance and allowing a performance period of 35 calendar days following Notice to Proceed. Except as specifically worded herein, all terms and conditions of the agreement shall remain in full force and effect and performance of services under the Amendment shall be governed by the provisions of the Agreement. IN WITNESS WHEREOF, the parties have executed and entered into this Agreement as of the date first written above. AT CITY OF PALM SPRINGS, CALIFORNIA y City Clerk City Manager APPROVED/AS TO FORM: Is'"tiorney iU CONTRACTOR: Arthur Gensler Jr. & Associates, Inc. �- 'UI)EIE f�j uaAi ti 1 w++' , " t° q�'1 rti (Check One: individual, r ' _partnership, X corporation) (NOTARIZED) By: Signature .�}C9FVF�F`V' F17. EGtF?I:.AAhh1� � C+�anrniz_jcv�#u � C�' t(ist' Ronald L. Steinert, Dice President n Notay Pub'111;-coiircrnFc ,Print N -on d Title tcas Anfselm, cA-p attG% �r �'h'C,°a'n�.F3q's6'ct;Jul7t1.�2ti�i,,� r' � •� (NOTARIZED) $ `i' VSignature / Stephanie Koenig, Chief Financial Officer Print Name and Title MailingAddress:m- Arthur Gensler Jr. & Associates, Inc. 2500 Broadway, Ste. 300 Santa Monica, CA 90404 (Corporations require two signatures;onefrom each of the following:A. Chairman of Board,President, any Vice President; AND B. Secretary, Assistant Secretary,Treasurer,Assistant Treasurer, or Chief Financial Officer.) End of Signatures * On behalf of Andrew P. Cohen, Managing Principal of Los Angeles Regional Office, California Registration Number C12855 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California >>I as. County of _ N-oS �CFfi�� pl r �l it �{ On 145 95 �i rry , before me, ka n-- e di � '•a Ill Dela m YG Doe, ayJ �I personally appeared p4il I- Sys l q �jl Name(.)of Signer(.) !71 *personally known to me ,rl ❑ proved to me on the basis of satisfactory S evidence to be the person(&)- whose name(s) is/arm- subscribed to the within instrument and > AUDREY M. Eh'?V-Ar N acknowledged to me that he/she/they executed Comm Mon#E " 1 the same in his/herdthei n okly�-CalGor^Aa r authorized tag Argalm County capacity(ies), and that by his/her-/their- jl *Camuti¢ias luI10,2A03 signature(-.-)on the instrument the person*, or the entity upon behalf of which the person(s)- � acted, executed the instrument. � WITNESS my hand and official seal. 1lnd£,ta��9i '�2fub,c �� (t Piece Notary Seel Above a gnature of Nolary Public OPTIONAL ll e' Though the information below is not required by law,it may prove valuable to persons relying on the document r and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document N1✓ d4a C�� — �J Title or Type of Document: C€IOrP-atCi Sf-70-0 C5 •A-�yY'�,�.¢��yp-�/'� df3 f✓'� �� Document Date: Ne�Vi"N'i,('SF- � �pfry Number of Pages: Signer(.) Other Than Named Above: �> Z; Capacity(ies) Claimed by Signer )I 'j Signer's Name: 620A1 ni-9 ,C,. S'd"F_l.If9��" I Tjl ❑ Individual >> Top of thumb here < l�,Corporate Officer—Title(.): C\/( � ,Q� �,`a 6 rv�h✓J� ❑ Partner—❑ Limited ❑ General I ❑ Attorney in Fact ❑ Trustee � ❑ Guardian or Conservator ' ❑ Other: It 10, Signer Is Representing: 1�9 _ •9�—, —c Awl 2402 �• V Prod No 590] Reorder Call Toll-Free 1-800-8]6-6827 ©199]National Nolary Association•9350 De Salo Ave.,PO Box 2402•Chalswarth,CA 91313- ] CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT �I State of California ?� County of �� g � � ss. k'I .1 m On AL6k_1; t j a YBp. , before me, ,� s^�� 4 i P� �c�� �b➢�3a2� 1��� � Date A Na and Title of Officer e.( 9.,"Janarpoe,Notary Pubb " personally appeared �Bel Names)of Signer(s) C -personally known to me is 0 proved to me on the basis of satisfactory =, evidence I t° to be the person(s) whose names) islar-e subscribed to the within instrument and 3 C J''nl9�nfar^r '� kf4'�f°dUt,F�tt " ��i acknowledged to me thatkhe/she/they executed „ C y)g` i� the same in his/her/their authorized d s.x AVjrFn1fP r u�i, ca acit ae p y(' sj, and that by his/her/tk�er �I lit' g MM signature(s)-an the instrument the person(s), or the entity upon behalf of which the person(4 acted, executed the instrument. WITNESS my hand and official seal. �( Place Notary Seal Above sil net, of Notary Public OPTIONAL Though the information below is not required bylaw,it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Al-iomLH PT-d"a-h ;_2 A 3L 3' Document Date: / gk�Aj cr Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer Signer's Name: � 'a?9dP'33tf Old , F''-T�r=✓'✓pP ,i ❑ Individual Top of thumb Here SI Corporate Officer—Title(s): �/2�r;�,�,y—rAfe id ❑ Partner El Limited ❑ General , ❑ Attorney in Fact � [I Trustee k ❑ Guardian or Conservator 2 ❑ Other: (I Signer Is Representing:_ Shcr3�-.o 3 ( •c�:uv-.:r�•:_.c;c.cu���c-t.."��;.�V..;.�.:c.c>�u..�,-c,��-�`.c;rt.�-.t;�2.- `_,.,.v ✓..`'F.iC'. _ ✓r�i 01997 National Notary Association•9350 De Soto Ave.,Pe Box 2402•Chatsworth,CA 91313-2402 Prad No.5907 Reorder Call Toll-Free 1-800-876-6827 Gensler • •Airport Architectural Design AGREEMENT #4382 Amend 1 AMENDMENT NO. 1 M06954, 11-7-01 AGREEMENT#A4382 -AIRPORT ARCHITECTURAL DESIGN THIS FI RSTAM ENDMENTto Agreement#A4382 for contract services, (herein"Agreement") made and entered into on the 18th day of July , 2001, by and between the CITY OF PALM SPRINGS (herein "City') and GENSLER (herein "Architect") is hereby amended effective / 4L/ - , 2001, as follows: 1. Exhibit "A" Scope of Services, is hereby amended by adding the following: FABRIC ROOF PRELIMINARY DESIGN SCOPE At the request of the City of Palm Springs, Gensler has agreed to retain Birdair forthe preliminary structural design of the new fabric structures that are part of the project. The structural design will include only those elements required to provide structural reaction loads of the fabric structures to the foundation attachment points,for use by Gensler's project structural engineering consultant, Brandow Johnston, in the design of the foundations. The remainder of the fabric structure design and fabric structure structural design ("Remainder Services") will be separately performed by Birdair as part of the Construction Contract, and is not part of Gensler's Contract. The Scope of Work by Birdair is as follows: 1. Develop computer generated shape and analysis model of the design, along with color graphic. 2. Develop project specifications. 3. Provide reaction loads of the fabric structure to its attachments points, design of which shall be by the project structural engineer. Coordinate with project structural engineering consultant any interface between the fabric structure and conventional structure. 4. One trip by Birdair project engineer to either Palm Springs project site or Gensler's Santa Monica offices. Neither Birdair nor Gensler shall be obligated to perform the Remainder Services by this Work Authorization, nor shall Gensler bear any liability, risk or responsibility for the "Remainder Services" ultimately performed by Birdair or any other consultant under separate contract with the City of Palm Springs or its Contractor. 2. Exhibit "B" Special Requirements, is hereby amended by adding an approved subcontractor to Section 4.3 of Birdair. 3. Exhibit "C" Schedule of Compensation is hereby amended by adding a Special Pay item entitled"Fabric Roof Preliminary Structural Design" at a fixed fee of$14,375 to include reimbursables. 4. Exhibit"D"Schedule of Performance is hereby amended by including the Fabric Roof Preliminary Structural Design work item #2 in the Schedule of Performance. Except as specifically worded herein, all terms and conditions of the agreement shall remain in full force and effect and performance of services under the Amendment shall be governed by the provisions of the Agreements. IN WITNESS WHEREOF, the parties have executed and entered into this Agreement as of the date first written above. AZTES CITY OF PALM SPRINGS, CALIFORNIA City Clerk City Manager �/ APPROVED AS TO FORM: Ci ttorney CONTRACTOR: wmz'� �• �, M. Arthur Gensler Jr. & Associates, Inc. ALFMEy a✓ Es t rvt ra Notorrnr PuVic (Check One: individual, partnership, � r y''� M Los F��rUI X corporation) (NOTARIZED) By: (Yl rP� �It�n{VFW lj rgp1 rj;, Bruce DeJong, Vice President rcxIy Prin;"a ;eand Title �Jka'C'�-TTt7E' 3 ,�r.AtG3e2I3 (NOTARIZED) By: Sigvfture Stephanie Koenig, Chief Financial Officer Print Name and Title Mailing Address: M. Aflhur .Gensler Tr & Associates,Inc. 2500 Broadway, Suite 300, Santa Monica, CA 90404 (Corporations require two signatures; one from each of the following: A. Chairman of Board, President,any Vice President;AND B. Secretary,Assistant Secretary,Treasurer,Assistant Treasurer, or Chief Financial Officer.) End of Signatures DY y� 9 *On behalf of Andrew P. Cohen, Managing Principal of the Los Angeles Regional Office, California Registration Number C 12855 CALIFORNIA ALL-PURPOD ACKNOWLEDGMENT • State of ClYtA PI(iulat$ County of Le15 On 34u If -f3� . FI; before me, J�1TL ' Oa[e ame antl Title of Officer(e .,"Jane Doe,Nota uMe) personally appeared `XbMitrVb1/'s 6- o kfwd 6- 5 4IZ&6L P4- 16L Name(s)of Signer(s) ❑personally known to me-OR-❑proved to me on the basis of satisfactory evidence to be the person(s) whose name(s)=ie/are subscribed to the within instrument and acknowledged to me that hefshe/they executed the same in hW+ter/their authorized capacity(ies),and that by rris4teir/their signature(s) on the instrument the person(s), Eh"r u or the entity upon behalf of which the person(s) acted, executed the instrument. y,r . l\lat v Put-Ffn-C';.+.1I or":ta z r.i4 WITNESS my hand and official seal.- wr. .. r -'h.It1110,'i1J03 __�f LSJt�°%ft-z,e�.�ifrvL�.Q.r•��..e„_.._._e..� ., Signature of Notary Public OPTIONAL Though the information below is not required by law,it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document y , Title or Type of Document: Fl!i'( 0 "IZG�h � '�hr /�JtCyF (pOSfG Document Date: iS Number of Pages: = Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: Signer's Name: E.e-44-W)CC � ❑ Individual ❑ Individual a Lkk'Corporate Officer Corporate Officer Title(s): W f'/GI Tftle(s): ✓'i G ❑ Partner—❑ Limited ❑ General ❑ Partner—❑ Limited ❑ General ❑ Attorney-in-Fact ❑ Attorney-in-Fact ❑ Trustee ❑ Trustee ❑ Guardian or Conservator ❑ Guardian or Conservator , ❑ Other: Top of thumb here ❑ Other: Top of thumb here Signer Is Representing: Signer Is Representing: ©1994 National Notary Association•8236 Remmet Ave,PO.Box 7184•Canoga Park,CA 91309-7184 Prod.No 5907 Reorder.Call Toll-Free 1-800-876-6827 • Gensler & Associates Architectural Design Svcs AGREEMENT #4382 M06882, 7-18-01 - CITY OF PALM SPRINGS CONTRACT SERVICES AGREEMENT FOR ARCHITECTURAL DESIGN SERVICES THIS CONTRACT SERVICES AGREEMENT (herein "Agreement"), is made and entered into this -/ day of , 2001, by and between the CITY OF PALM SPRINGS, a re municipal corporation, (h inf'City") and GENSLER(herein "Architect"). (The term Architect 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 Architect shall provide those services specified in the "Scope of Services" attached hereto as Exhibit"A"and incorporated 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, Architect represents that it is experienced in performing the work and services contemplated herein, and that it can and will at all times perform hereunder in a first class, professional manner, meaning that Architect's services shall be satisfied in accordance with standards of practice recognized for architectural firms of similar size, quality, experience and expertise as Architect, performing similar work under similar circumstances. 1.2 Architect's Proposal. The Scope of Service shall include the Architect's proposal or bid which shall be incorporated herein by this reference as though fully set forth herein. In the event of any inconsistency between the terms of such proposal and this Agreement, the terms of this Agreement shall govern. 1.3 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. 1.4 Licenses, Permits, Fees and Assessments. Architect shall obtain at its sole cost and expense such professional licensees, permits and approvals as may be required by law to perform the professional services required of Architect by this Agreement. Architect shall assist the general contractor in, but not be responsible for, obtaining building permits. Architect 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 Architect'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. 1.5 Familiarity with Work. By executing this Contract,Architect represents that Architect (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 IRV#13583 v3 _1_ understands the facilities, difficulties and restrictions attending performance of the services under this Agreement. If the services involve work upon any site, Architect represents that Architect 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 Architect discover any latent or unknown conditions, which will materially affect the performance of the services hereunder, Architect shall immediately inform the City of such fact and shall not proceed except at Architect's risk until written instructions are received from the Contract Officer. 1.6 Care of Work. The Architect shall adopt reasonable methods during the life of the Agreement to furnish continuous protection to Architect's work, materials, papers, documents, plans, studies and/or other instruments of Architect's services to prevent losses or damages, and shall be responsible for all such damages, to persons or property, until acceptance of the work by City, except such losses or damages as may be caused by City's own negligence. 1.7 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. 1.8 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 or make changes by altering, adding to or deducting from said work. No such extra work may be undertaken unless a written order is first given by the Contract Officer to the Architect, incorporating therein any adjustment in (i) the Contract Sum, and/or (ii) the time to perform this Agreement, which said adjustments are subject to the written approval of the Architect. Any increase in compensation of up to five percent (5%) of the Contract Sum or$25,000; whichever is less, 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 Architect that the provisions of this Section shall not apply to services specifically set forth in the Scope of Services or reasonably contemplated therein. Architect hereby acknowledges that it accepts the risk that the services to be provided pursuant to the Scope of Services may be more costly or time consuming than Architect anticipates and that Architect shall not be entitled to additional compensation therefore. 1.9 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. With the exception of Section 4.3, in the event of a conflict between the provisions of Exhibit "B" and any other provisions of this Agreement, the provisions of Exhibit "B" shall govern. 2.0 COMPENSATION [RV#13593 v3 _2 2.1 Contract Sum. For the services rendered pursuant to this Agreement, the Architect shall be compensated in accordance with the "Schedule of Compensation" attached hereto as Exhibit"C" and incorporated herein by this reference, but not exceeding the maximum contract amount of Two Hundred Sixty-two Thousand Sic Hundred Dollars ($262,600) (herein "Contract Sum"), except as provided in Section 1.8. The method of compensation may include: (I) a lump sum payment upon completion, (ii) payment in accordance with the percentage of completion of the services, (ill) payment for time and materials based upon the Architect's rates as specified in the Schedule of Compensation, but not exceeding the Contract Sum or(iv) such other methods as may be specified in the Schedule of Compensation. Compensation may include reimbursement for actual and necessary expenditures for reproduction costs, telephone expense,transportation expense approved by the Contract Officer in advance, and no other expenses and only if specified in the Schedule of Compensation. The Contract Sum shall include the attendance of Architect at all project meetings reasonably deemed necessary by the City; Architect 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 Architect wishes to receive payment,no later than the first(1st)working day of such month,Architect 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 Architect 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. 3.2 Schedule of Performance. Architect 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 Architect, 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 Architect, 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 Architect 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 IRV#13593 V3 -3- • 0 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 Architect be entitled to recover damages against the City for any delay in the performance of this Agreement, however caused, Architect's sole remedy being extension of the Agreement pursuant to this Section. 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 but not exceeding two (2) years from the date hereof, except as otherwise provided in the Schedule of Performance (Exhibit "D"). 4.0 COORDINATION OF WORK 4.1 Representative of Architect. The following principals of Architect are hereby designated as being the principals and representatives of Architect authorized to act in its behalf with respect to the work specified herein and make all decisions in connection therewith: Ellen Wright, AIA Gensler 2500 Broadway Suite 300 Santa Monica, CA 90404 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 Architect 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 Architect 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 Architect's responsibility to assure that the Contract Officer is kept informed of the progress of the performance of the services and the Architect 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 Architect, its principals and employees were a substantial inducement for the City to enter into this Agreement. Therefore, Architect 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 IRV#13593 v3 -4- 0 otherwise, without the prior written approval of City. Transfers restricted hereunder shall include the transfer to any person or group of persons acting in concert of more than twenty five percent (25%) of the present ownership and/or control of Architect,taking all transfers into account on a cumulative basis. In the event of any such unapproved transfer, including any bankruptcy proceeding,this Agreement shall be void. No approved transfer shall release the Architect or any surety of Architect of any liability hereunder without the express consent of City. The City's policy is to encourage the awarding of subcontracts to persons or entities with offices located within the jurisdictional boundaries of the City of Palm Springs and, if none are available,to persons or entities with offices located in the Coachella Valley ("Local Subcontractors"). Architect hereby agrees to use good faith efforts to award subcontracts to Local Subcontractors, if Local Subcontractors are qualified to perform the work required. In requesting for the City to consent to a subcontract with a person or entity that is not a Local Subcontractor, the Architect shall submit evidence to the City that such good faith efforts have been made or that no Local Subcontractors are qualified to perform the work. Said good faith efforts may be evidenced by placing advertisements inviting proposals or by sending requests for proposals to selected Local Subcontractors. The City may consider Architect's efforts in determining whether it will consent to a particular subcontractor. Architect 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 Contractor. Neither the City nor any of its employees shall have any control over the manner, mode or means by which Architect, 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 Architect's employees, servants, representatives or agents, or in fixing their number, compensation or hours of service. Architect 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. Architect shall not at any time or in any manner represent that it or any of its agents or employees are agents or employees of City. City shall not in any way or for any purpose become or be deemed to be a partner of Architect in its business or otherwise or a joint venturer or a member of any joint enterprise with Architect. 5.0 INSURANCE, INDEMNIFICATION AND BONDS 5.1 Insurance. The Architect 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) Comprehensive General Liability Insurance. A policy of comprehensive general liability insurance written on a per occurrence basis. The policy of insurance shall be in an amount not less than either(i) a combined single limit of$1,000,000 for bodily injury, death and property damage or (it) bodily injury limits of $500,000 per person, $1,000,000 per occurrence and $1,000,000 products and completed operations and property damage limits of $500,000 per occurrence. If the Contract Sum is greater than IRV#13593 v3 -5- 0 $100,000,the policy of insurance shall be in an amount not less than $2,000,000 combined single limit. (b) Worker's Compensation Insurance. A policy of worker's compensation insurance in such amount as will fully comply with the laws of the State of California and which shall indemnify, insure and provide legal defense for both the Architect and the City against any loss, claim or damage arising from any injuries or occupational diseases occurring to any worker employed by or any persons retained by the Architect in the course of carrying out the work or services contemplated in this Agreement. (c) Automotive Insurance. A policy of comprehensive automobile liability insurance written on a per occurrence basis in an amount not less than either (1) bodily injury liability limits of $500,000 per person and $1,000,000 per occurrence and property damage liability limits of$250,000 per occurrence and $500,000 in the aggregate or (ii) combined single limit liability of$1,000,000. Said policy shall include coverage for owned, non-owned, leased and hired cars. (d) Additional Insurance. Policies of such other insurance, including professional liability insurance, as may be required in the Special Requirements. All of the above policies of insurance shall be primary insurance and shall name the City, its officers,employees and City Attorneys' office as additional insureds, except that the City shall not be named as an additional insured for the Worker's Compensation Insurance nor the Professional Liability Insurance. 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. All of said policies of insurance shall provide that said insurance may not be amended or canceled without providing thirty (30) days prior written notice by registered mail to the City. In the event any of said policies of insurance are canceled,the Architect shall, prior to the cancellation date, submit new evidence of insurance in conformance with this Section 5.1 to the Contract Officer. No work or services under this Agreement shall commence until the Architect has provided the City with Certificates of Insurance or appropriate insurance binders evidencing the above insurance coverages and said Certificates of Insurance or binders are approved by the City. Except for the Worker's Compensation and Professional Liability Insurance, all certificates shall name the City as additional insured (providing the appropriate endorsement), be signed by an authorized agent of the insurer, and shall contain the following "cancellation" notice: "CANCELLATION: Should any of the above described policies be cancelled before the expiration date thereof,the issuing company shall mail an advance 30-day written notice to the Certificate holder named herein." The Architect agrees that the provisions of this Section 5.1 shall not be construed as limiting in any way the extent to which the Architect may be held responsible for the payment of damages to any persons or property resulting from the Architect's activities or the activities of any person or persons for which the Architect is otherwise responsible. IRV#13583 d3 _6_ • • In the event the Architect subcontracts any portion of the work in compliance with Section 4.3 of this Agreement, the contract between the Architect and such subcontractor shall require the subcontractor to maintain the same policies of insurance that the Architect is required to maintain pursuant to this Section 5.1. 5.2 Indemnification. See Exhibit "B". 5.3 Performance Bond. See Exhibit "B". 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 Rating Guide,The Key Rating Guide or in the Federal Register, and only if they are of a financial category Class VII or better, unless such requirements are waived by the City Manager or designee of the City ("City Manager")due to unique circumstances. In the event the City Manager determines that the work or services to be performed under this Agreement creates an increased or decreased risk of loss to the City, the Architect 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; provided that the Architect shall have the right to appeal a determination of increased coverage by the City Manager to the City Council of City within ten (10) days of receipt of notice from the City Manager. 6.0 REPORTS AND RECORDS 6.1 Reports. Architect 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. Architect 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, Architect agrees that if Architect 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 Architect is providing design services, the cost of the project being designed, Architect shall promptly notify the Contract Officer of said fact, circumstance,technique or event and the estimated increased or decreased cost related thereto and, if Architect is providing design services, the estimated increased or decreased cost estimate for the project being designed. 6.2 Records, Architect shall keep, and require subcontractors 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. IRV#13593 v3 6.3 Ownership of Documents. City acknowledges the drawings, specifications and other documents prepared by Architect, its employees, subcontractors and consultants pursuant to this Agreement are instruments of professional service ("Instruments"). Upon payment in full of all undisputed monies due architect, the Instruments shall become the property of City. Architect shall have no claim for further employment or additional compensation as a result of the exercise by City of its full rights of ownership of the Instruments; provided, however,that any modification of the Instruments or use for other projects for which Architect is not retained and does not provide professional services shall be at City's sole risk and without liability to Architect, and shall require the removal of Architect's title block and indicia from the Instruments unless otherwise agreed in writing by Architect. City shall indemnify and hold harmless Architect, its officers, directors and employees from and against any loss, damage, liability, claims, demands, suits and expenses, including but not limited to reasonable attorneys' fees and costs, resulting from use of the Instruments as aforementioned,without agreement in writing from Architect. 6.4 Release of Documents. The drawings, specifications, reports, records, documents and other materials prepared by Architect in the performance of services under this Agreement shall not be released publicly without the prior written approval of the Contract Officer. 7.0 ENFORCEMENT OF AGREEMENT 7.1 California Law. This Agreement shall be construed and interpreted both as to validity and to performance of the parties in accordance with the laws of the State of California. Legal actions concerning any dispute, claim or matter arising out of or in relation to this Agreement shall be instituted in the Superior Court of the County of Riverside, State of California, or any other appropriate court in such county, and Architect 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 Architect's right to terminate this Agreement without cause pursuant to Section 7.8. 7.3 Retention of Funds. Architect hereby authorizes City to deduct from any amount payable to Architect (whether or not arising out of this Agreement) (t) any amounts the payment of which are in dispute hereunder or which are necessary to compensate City for any losses, costs, liabilities, or damages suffered by City, and (ii) all IRV#13583 v3 -8- amounts for which City may be liable to third parties, by reason of Architect's acts or omissions in performing or failing to perform Architect's obligation under this Agreement. In the event that any claim is made by a third party, the amount or validity of which is disputed by Architect, or any indebtedness shall exist which shall appear to be the basis for a claim of lien,City may withhold from any payment due,without liability for interest because Of such withholding, an amount sufficient to cover such claim. Notwithstanding anything in this Agreement to the contrary, Architect does not waive, relinquish or release any claims or rights it may have to any amounts deducted hereunder, and shall be entitled to seek recourse for collection against City for any amounts deducted (i) the payment of which should not have been disputed and/or (ii) are not necessary to compensate City for any losses, costs, liabilities or damages, either suffered by City or for which City is liable to third parties, by reason of Architect's acts or omissions in connection with this Agreement. The failure of City to exercise such right to deduct or to withhold shall not, however, affect the obligations of the Architect to insure, indemnify, and protect City as elsewhere provided herein. 7.4 Waiver. No delay or omission in the exercise of any right or remedy by a nondefaulting 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 Architect and its sureties shall be liable for and shall pay to the City the sum of Zero Dollars ($ -0-) 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 "D"). The City may withhold from any monies payable on account of services performed by the Architect 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 Architect, except that where IRV#13583 v3 -9- 0 termination is due to the fault of the Architect,the period of notice may be such shorter time as may be determined by the Contract Officer. In addition, the Architect reserves the right to terminate this Agreement at any time upon, 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 Architect may determine. Upon receipt of any notice of termination, Architect shall immediately cease all services hereunder except such as may be specifically approved by the Contract Officer. Except where the Architect has initiated termination,the Architect 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 such as may be approved by the Contract Officer, except as provided in Section 7.3. In the event the Architect has initiated termination, the Architect shall be entitled to compensation only for the reasonable value of the work product actually produced hereunder. In the event of termination without cause pursuant to this Section, the terminating party need not provide the non-terminating party with the opportunity to cure pursuant to Section 7.2. 7.9 Termination for Default of Architect. If termination is due to the failure of the Architect 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 Architect 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 Architect for the purpose of set-off or partial payment of the amounts owed the City as previously stated. 7.10 Attorneys' Fees. If either party to this Agreement is required to initiate or defend or made a party to any action or proceeding in any way connected with this Agreement, the prevailing party in such action or proceeding, in addition to any other relief which may be granted,whether legal or equitable, shall be entitled to reasonable attorney's fees. Attorney's fees shall include attorney's fees on any appeal, and in addition a party entitled to attorney's fees shall be entitled to all other reasonable costs for investigating such action, taking depositions and discovery and all other necessary costs the court allows which are incurred in such litigation. All such fees shall be deemed to have accrued on commencement of such action and shall be enforceable whether or not such action is prosecuted to judgment. 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 Architect, 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 Architect 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 IRV#13583 v3 _10- or indirectly, interested, in violation of any State statute or regulation. The Architect 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. Architect 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. Architect 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, and in the case of the Architect,to the person at the address designated on the execution page of this Agreement. Either party may change its address by notifying the other party of the change of address in writing. Notice shall be deemed communicated at the time personally delivered or in seventy-two (72) hours from the time of mailing if mailed as provided in this Section. 9.2 Interpretation. The terms of this Agreement shall be construed in accordance with the meaning of the language used and shall not be construed for or against either party by reason of the authorship of this Agreement or any other rule of construction which might otherwise apply. 9.3 Integration; Amendment. It is understood that there are no oral agreements between the parties hereto affecting this Agreement and this Agreement supersedes and cancels any and all previous negotiations, arrangements, agreements and understandings, if any, between the parties, and none shall be used to interpret this Agreement. This Agreement may be amended at any time by the mutual consent of the parties by an instrument in writing. 9.4 Severability. In the event that any one or more of the phrases, sentences, clauses, paragraphs, or sections contained in this Agreement shall be declared invalid or unenforceable by a valid judgment or decree of a court of competent jurisdiction, such invalidity or unenforceability shall not affect any of the remaining phrases, sentences, clauses, paragraphs, or sections of this Agreement which are hereby declared as severable and shall be interpreted to carry out the intent of the parties hereunder unless the invalid provision is so material that its invalidity deprives either party of the basic benefit of their bargain or renders this Agreement meaningless. 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 IRV#13583 v3 -11- 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 Hazardous Materials. City acknowledges that Architect has no expertise in and is not being retained for the purposes of investigating, detecting, abating, replacing, remediating or removing any items, products, materials or processes containing hazardous substances. City hereby agrees to bring no claim or suit for negligence, breach of contract, indemnity or any other cause of action against Architect and/or its consultants arising out of the presence in any property or structure that is the subject of services performed by Architect, of asbestos, asbestos-related materials, or any other hazardous substance, in any form whatsoever, as defined by the Environmental Protection Agency or any other public authority. City further agrees to require the General Contractor and/or its subcontractors to indemnify, defend and hold Architect, its officers, directors, shareholders and employees harmless from and against any such claims regarding the presence of hazardous substances in any property or structure that is the subject of services performed by Architect. 9.7 Latent Conditions. Should the Work include any remodeling, alteration or rehabilitation work, City understands and acknowledges that certain design and technical decisions are made on assumptions based upon readily available documents and visual observations of existing conditions. Architect shall not perform any destructive testing or opening of any concealed portions of the Work to ascertain its actual conditions. Should Architect's and/or its consultants' assumptions, made in good faith, prove incorrect, City agrees that Architect and its consultants shall not be held responsible for the performance of the Work or for any additional work or costs required to correct any ensuing problems based upon such good-faith assumptions. 9.8 Construction Means and Methods. Architect shall not have control over or charge of and shall not be responsible for construction means, methods, techniques, schedules, sequences, procedures, fabrication, procurement, shipment, delivery, receipt or installation, or for safety precautions or programs in connection with the work provided by the construction contractor or its subcontractors since such are solely the construction contractor's and its subcontractor's responsibility under the contract for construction. Architect is not responsible for the construction contractor's or its subcontractor's failure to carry out the work in accordance with the Contract Documents. (Signatures on next page) IRV#13583 0 -12- • ! IN WITNESS WHEREOF, the parties have executed and entered into this Agreement as of the date first written above. AT.TEST� CITY OF PALM SPRINGS, CALIFORNIA ity Clerk City Manager APPROVED AS TO FORM: Cit Attorney CONTRACTOR: M. ARTHUR GENSLER & ASSOCIATES, INC. (Check One: individual, partnership, X corporation) NOT R D By: CHRISLINEDENNIS V Signature ,r Commission# 1212130 z Bruce DeJong, Vice President Notary Public-California Los Angeles County Print Na and Tit amycornm.bp�WrM,2003 ie (NOTARIZED) B . Signatu Stephanie Koenig, Chief Financial Officer rgoAl ; CI-IRISTINE DENrl Cortimission# 1212730 z Print Name and Title �:,� R Notary P:.blic-Califounfa y Los Angeles County Mailing Address: M. Arthur Gensler &Associates, Inc. Fhy Comm.E>Gaei N'nr31,2003 2500 Broadway, Suite 300, Santa Monica, CA 90404 (Corporations require two signatures; one from each of the following: A. Chairman of Board, President, any Vice President;AND B. Secretary, Assistant Secretary, Treasurer, Assistant Treasurer, or Chief Financial Officer.) End of Signatures * On behalf of Andrew P. Cohen, Managing Principal of the Los Angeles Regional Office, California Registration Number C12855 G1u- G 0"eP v .ii°t Ea '�OW f , a FS2/2/6/099999-30002160684.2 6/14/96 Revised 09/01/98 rz-) CALIFORNIA ALL-PURPOO ACKNOWLEDGMENT • State of 1Gl� rnt County of &A.. On 1 .ZM � before me, bVl41 fiberqn11:s (tC144 Date Name and The of Officer(e.g,"Jane Dee,Notary P blic") " personally appeared 0Cr1l2� 4,w\0 Names)of Signer(.) ❑personally known to me—OR—❑proved to me on the basis of satisfactory evidence to be the person(s) whose name s ac/are subscribed to the within in strument O and acknowledged to me that hQ4k@/they executed the same in h�r/their authorized capacity(ies), and that by kisAaeK/their signature(s)on the instrument the person(.), CHinSionTINE DENNIS12121 or the entity upon behalf of which the person(s) acted, Commission Ik 1212130 Notary Public-Califamia executed the instrument. Los Angeles County MYCORlrn.Exf mhillal WITNESS my hand and�official seal. Signature of Notary Public OPTIONAL Though the information below is not required by law,it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document 61 Title or Type of Document: � Q Document Date: Number of Pages: b Signer(s) Other Than Named Above: '1^k\U)—J 0Crl i Capacity(ies))Claimed by Signer(s) Signer's Name:J<<tM�1L�-, r. � Signer's Name, ❑ Individual El Individual pIS Corporate QQfffper rn"P'Corporate Officer Ti � A �J ❑ Partner—❑ Limited ❑ General ❑ Partner—❑ Limited ❑ General ❑ Attorney-in-Fact ❑ Attorney-in-Fact ❑ Trustee ❑ Trustee ❑ Guardian or Conservator ILL [I Guardian or Conservator ❑ Other: Top of thumb here ❑ Other: Top of thumb here Si er I� sR,eire�ng: SigVpr Is Representing: I O 1994 National Notary Association•8236 Remmet Ave,P.O Box 7184•Canoga Park,CA 91309.7184 Prod No.5907 Reorder:Call Toll-Free 1-800-876-6827 EXHIBIT "A" SCOPE OF SERVICES Architect to provide full range of services necessary to complete bid documents for the Palm Springs International Airport Passenger Hold Rooms (Gates 1,2 & 3) as depicted in Scheme "C" of the Concept Study dated March 2001 (Scheme "C" attached). (Note: Civil engineering site design work to be provided separately by the Airport.) Scope shall include: Schematic Design: Floor plans, elevations, landscape plans, meetings, presentations and Planning Commission submittal/approval. Includes evaluation of larger concession space and clerestory element in the buildings. Design Development: All disciplines necessary for construction of the buildings and surrounding landscape. Scope includes all necessary coordination with fabric roof supplier. Construction Documents: Preparation and assembly in City bid document format. Bidding: Prepare necessary adenda and assist City with bidding. IRV#13583 0 -14- EXHIBIT "B" SPECIAL REQUIREMENTS Architect has been hired to perform the services described in the Agreement,which include the creation of one or more designs, drawings, or plans ("Designs"). Architect acknowledges that City has budgeted the amount of Four Million Dollars ($4,000,000)for the construction phase of the Project ("Construction Budget"). Architect shall be responsible to do Project estimating to create Designs which will enable the Project to be constructed within at an amount which shall not exceed the Construction Budget by more than ten percent (10%). Should City solicit bids for construction of the Project, as such Project has been designed by Architect, and the lowest responsible bid exceeds the Construction Budget by more than ten percent (10%),Architect agrees to revise the previous Designs, or to create new Designs, at no additional cost to City, so that a new price can be negotiated or the Project can be re-bid so that the Project does not exceed the Construction Budget by more than ten percent (10%). Notwithstanding the foregoing,Architect is not responsible for changes in the Project scope initiated by City and all such changes shall include appropriate mutually agreed changes to the Construction Budget. Section 4.3 Prohibition Against Subcontracting or Assignment, Architect may subcontract with Brandow, & Johnston and Levine/Seegel. Section 5.2 Indemnification. This entire section is hereby replaced with the following: 5.2 City Held Harmless - General Liability. Except for the sole negligence of City,Architect undertakes and agrees to defend, indemnify and hold harmless City, and any and all of City's Boards, officers, employees, and successors in interest, from and against all suits and causes of action, claims, losses, demands and expenses, including but not limited to, reasonable attorney's fees and reasonable costs of litigation, damages(s) or liability of any nature whatsoever,for death or injury to any person, including Architect's employees and agents, or for damage to, or destruction of, any property of either party hereto, or of third persons, in any manner to the extent arising by reasons of the acts or omissions in the performance of this Agreement on the part of Architect, or any of Architect's subcontractor's, employees, or anyone for whom Architect has obligated itself under this Contract, whether or not contributed to by any act or omission of City or any of the City's Boards, officers or employees. 5.25 City Held Harmless - Professional Liability. Architect undertakes and agrees to indemnify and hold harmless City, and any and all of City's Boards, officers and employees,from and against all losses and expenses, including, but not limited to, reasonable attorney's fees and reasonable costs of litigation, damage(s) or liability of any nature whatsoever, for death or injury to any person, including Architect's employees and agents, or for damage to, or destruction of, any property of third persons, in any manner to the extent IRV#13583 0 caused by the negligent acts or omissions in performance of the professional services under this Agreement on the part of Architect. All required insurance coverages and limits are, and shall be, subject to availability on the open market, at reasonable cost(s) as determined by the City and mutually agreed upon by the parties. The non-availability or non- affordability of any coverage(s) must be documented in writing from Architect's insurance representative. Section fi.3 Performance Bonds are hereby waived. IRV#13583 Q -16- EXHIBIT "C" SCHEDULE OF COMPENSATION Architect shall be compensated monthly based upon the percentage of work completed in each of the following disciplines: (Total contract not to exceed $262,600.) Schematic Design $39,400 Design Development 78,800 Construction Documents 139,000 Bid Documentation 5,400 TOTAL $262,600 The not-to-exceed $262,600 is inclusive of reimbursables except that Airport shall be responsible for printing bid sets. IRV#13583 v3 17- EXHIBIT "D" SCHEDULE OF PERFORMANCE The Architect shall meet the following schedule: (all days are calendar and approvals referenced are from the Contract Administration) Item Description Completion 1 Schematic Design 60 days from Notice-to-Proceed 2 Design Development 60 days from approval of Schematic Design 3 Construction Documents 90 days from approval of Design Development 4 Bidding 45 days from plan check approval Note: Construction management phase shall be negotiated upon completion of construction documents. IRV#13583 0 18