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HomeMy WebLinkAbout4/24/2002 - STAFF REPORTS (19) DATE: April 24, 2002 TO: City Council FROM: Executive Director- Airports AIRPORT ENGINEER SELECTION/AGREEMENT AWARD RECOMMENDATION: It is recommended that the City Council accept the Airport Commission recommended rankings of the Airport Engineering firms that recently submitted qualifications under Statements of Qualification and Letters of Interest (SOQ) 13-02 and award a professional services agreement to the top ranked firm, VSA AIRPORTS, Inc. SUMMARY: This action would result in the selection of a new Airport engineering firm following a qualification-based selection process. This is a multi-project agreement with the current proposed project work equal to $763,500 (see Attachment#1). BACKGROUND: The Airport, with the assistance of the Department of Procurement and Contracting, conducted a three-month, nationwide Statements of Qualification and Letters of Interest (SOQ) search from airport engineering firms. The prospective firms were required to have the capabilities to design airfield, roadway, and security improvements and to demonstrate design creativity. On February 26, 2002, seven (7) firms submitted their qualifications: Firm Location Michael Baker, Jr., Inc. San Diego Chaing, Patel & Yerby, Inc. Dallas HNTB San Bernardino Kennedy/Jenks Consultants Phoenix URS Santa Ana VSA Airports Palm Springs Washington Infrastructure Denver The written qualification statements were reviewed by the following Selection Committee: Commissioner Franson (Palm Springs) Commissioner Bizzell (Palm Desert) Executive Director- Airports Director of Procurement & Contracting Deputy Director - Operations Each member of the Selection Committee independently reviewed and numerically graded the written submittals based on preestablished grading criteria. l '�17 Airport Engineer Selection/Agreement Award April 24, 2002 Page 2 All seven (7)of the firms met the minimum qualifications and were all invited to interview on March 21 and 22, 2002. The firms were also asked to complete a design exercise which would demonstrate to the Selection Committee the design creativity of the team. They were given the following design exercise: "Assume that the Airport's recent Blast Analysis requires that the loop road be straightened in front of the terminal. That will create a large triangular plaza in front of the terminal. Develop a creative approach to prevent vehicles from jumping the curb and reaching the terminal." The teams were given scores for their interview presentation and their design exercise solution. Those scores were combined with the written qualification scores to determine the ranking of the firms. Attachment 2 lists the averaged scores in each category and the final ranking of the firms. The top ranked firm was VSA AIRPORTS. It should be noted that the scores on Attachment 2 reflect the average of the five Selection Committee members' scores; VSA AIRPORTS was the top rated firm by each of the Selection Committee members in their individual scores. VSA AIRPORTS is a Palm Springs firm and California corporation with its two shareholders being Rodger Sheraton and Don Schroeder. The other firms on their team are: Gensler, Architects Michael Buccino, Landscape Architect JMD Engineers, Electrical Engineers DMJMH+N, Security Specialist Cal-West Consultants, Geotech/Materials/Testing The Selection Committee found this team to meet all the expectations of qualifications, experience, local knowledge and creative design ability. Attachment 3 to this report consists of several of sketches that were part of the VSA AIRPORTS team design exercise solution. (The color renderings will be displayed at the City Council meeting.) The Selection Committee found their creative approach to be most representative of the "Palm Springs Solution." The Selection Committee reported its rankings to the Commission at its April 3, 2002, meeting. The Commission concurred with the firm rankings and recommends City Council approval of an agreement with VSA AIRPORTS. Attachment 4 consists of the exhibits to a standard form professional services agreement. The agreement is a three (3) year Airport Engineering Services which provides for ongoing engineering services such as writing legal descriptions, updating the Airport Layout Plan and assisting with federal grant preparations. The agreement also incorporates a series of projects that are designed to help the Airport meet the new security mandates post 9/11, as well as some airfield improvements. At this point in the various project designs, all we have is a vague idea as to what will be acceptable to the Transportation Security Administration (TSA). Therefore, contract pricing for the most part is just to cover the basic design charette exercises so we can better determine the actual scopes of the projects. Once the TSA has approved the concepts, contract pricing will be negotiated and returned to City Council for review and approval. With the current state of confusion at TSA over what is acceptable to meet l��a Airport Engineer Selection/Agreement Award April 24, 2002 Page 3 standards, we believe a cautious step by step approach is the most appropriate. The specific projects contemplated in the agreement, including theirgeneral description and design costs, are shown in Attachment 1. General FAA contracting guidelines are 8-10% for design and 8-10% for field engineering. Task assignments associated with the design are fixed fee, which will be reimbursed based on the amount of work completed. Task assignments associated with field engineering are not-to-exceed amounts, which will be reimbursed on a time and materials basis. The level of design/inspeci,ion services to be provided by the Engineer shall be determined on a project by project basis. Each project shall be issued a specific "Notice to Proceed", which shall identify the specific project and specific task assignments to be carried out. Projects which have not been assigned design and field engineering funding allocations will be negotiated with the Engineer when funding has been secured and forwarded to City Council for approval. Funding for the various projects will be available via a future Airport Improvement Program (AIP) grant from the Federal Aviation Administration (FAA). t�� �J L—,— 0, �k— MIKE N WILLIAMS, A.A.E. ALLEN F SMOOT, A.A.E. Deputy Director- Operations Executive Director- Airports APPROVED City Manager Attachments: Attachment 1 - Project Cost Breakdown Attachment 2 - Scoring Summary Attachment 3 - Design Sketches Attachment 4 - Agreement Exhibits Minute Order REVIEWED BY DEPT.OF FINANCE N:\WordPerfec1\City_Council\Engineering_Construction\Airport_Engineering Selection 04-24-2002.wpd � ��3 Airport Engineer Selection Attachment 1 Apn124,2002 Design Reviewl Civil Bid Arch Bid Arch Const Civil Const TOTAL Prelim 1 Charette Survey Soils Schematic Approvals Documents. EIR Documents Admin Adimin A B C D E F G H I J K 1 Access Control System Replacement $85,000 $Q000 � $35,000 $0 $0-- - $0_ $0 $126,000 Task Assignments A,B,E Airport Roadway System Revisons III --- 2 (300'Rule Mitigation) $105,000 $5,000 _', $68,000 1 $30,000 $0 $0 $272,000 $0 $0 $0 $0 $480,000 Task Assignments A,B,C,D,G i 3 Passenger Terminal Central Core Plaza $15,000 $6,500 $35,000 $27,000 $0 $0 _ $0 $0 $83,500 Task Assignments A,B,E,F 4 Remote Vehicle Inspection Facility $8,000 $4,000 $0 _$0 $10,500 $10,500 ! $0 _ $0 $0 _ $0 $0 $33,000 Task Assignments A,B,C,D,E,F �— Terminal Building Hardening/Blast -- 5 Protection _ $8f�F4,000 514,000 s0 $0 $0 $0 $0 $26,000 Task Assignments A,B,E Modification/expansion of security 12 screening and/or monitoring areas 11 000 4 000 0 I $ . $ i $ $0 $0 $0 $0 $0 $0 $0 $15,000 Task Assignments A,B $763,500 Items shown as "N/A"are not anticipated to be required with the specific project. Items shown as "$0"will be negotiated with the City and the Engineer as required on a project by project basis. Future amendments will be brought before the City Council for review and approval. y y For each project specific task assignment identified in "Exhibit'A, the Engineer shall be reimbursed on the basis of Time and Materials to the maximum allowance amount listed under y 'prcject specific compensation". z y Airport Engineering Services Attachment 2 April 24, 2002 AIRPORT ENGINEERING SERVICES PRESENTATION SCORING SUMMARY AVERAGE SCORES 100 Points Max.1 75 Points Max. 25 Points Max. 200 Points Possible Ranking Firm Step 1 Step 2 Step 2 Design Exercise Total Average Score Chaing, Patel &Yerby, Inc. 71.90 58.40 19.00 149.30 5 HNTB 70.70 57.00 16.60 144.30 7 Kennedy/Jenks Consultants 67.40 60.601 18.601 146.60 6 Michael Baker Jr., Inc. 71.30 61.40 20.20 152.90 3 URS 74.70 59.80 16.00 150.50 4 VSA Airports 85.20 71.40 23.40 180.00 1 Washington Infrastructure 68.30 63.60 21.60 153.50 2 STEP TOTAL 509.501 432.20 135.40 y STEP AVERAGE 1 72.791 61.74 19.34 y a z y N l ATTACHMENT #3 0 ",NN ��•'�r %3. 1.UPyp.i rv� �r +x r\ x 1y` vA 11 n'4�YF 1 11 C ,;,. �Si �S/ � ..y;' �,:: . �g:,�,-'� ,,:,R ��. Y` �i:,,. � ' / + i'' �� ` a�0 �.� � ,�oo �� � ,M �� /��� -�- t �� �I 1i' ` .w \ 5 � � .� / ��� �� , ..�, .ems/ /��� �a> � � ,, �, <�='� � � � � _ O � � o 0 �. �,-�;�,. " / �� `Si_� �� �� 'c �L:! ,�� y •; � �;j, , �,¢ ��' E1�, '� `w V N �i { ii 1, fir. ��. �'F:,;,'�._. �_ f"�e (. ��.Y., .,�ry� Y'!(5�l 1:M �;' '�;r, k4�r'':ti�r'34f �����, sl at�k'� G t i 2 .. �;._ y �`' .5 i .wN i / �� I i,r' F m // ���Jt �'t/x, yn ❑' a f 1,rd� a n, L �y.Y - I� L F 1 ��4 ,yt r,py. , 1r i .. i ��� Y •y d I ➢ �y Un rhv vJ tr iq'tY,_ 1.. ATTACHMENT #4 Airport Engineering Services Exhibit`A"- Scope of Services VSA AIRPORTS EXHIBIT "A" SCOPE OF SERVICES I. BASIC SERVICES This agreement shall be for airport engineering services for a period not to exceed three (3) years, on an as needed basis. The scope of work contemplated under this Agreement is for engineering services for improvements to the Palm Springs International Airport (PSP). A detailed Scope of Services, included in this agreement or in the form of an amendment to this agreement, shall be prepared and agreed to by the parties on a project by project basis prior to the commencement of any work. The project specific amendment shall include the maximum fee to be paid for the specific project as well as a Schedule of Performance for the specific project. Said projects may include, but are not limited to, the following projects: PROJECT# PROJECT TITLE/DESCRIPTION 1 Access Control System Replacement 2 Airport Roadway System Revisions (300' Rule Mitigation) 3 Passenger Terminal Central Core Plaza 4 Remote Vehicle Inspection Facility- (300' Rule Mitigation) 5 Terminal Building Hardening/Blast Protection 6 Relocation/reconstruction of airport perimeter fencing 7 Relocation of the segmented circle and/or Automated Surface Observation System (ASOS) 8 Vehicle Size Limitation Frames (300' Rule Mitigation) 9 Construct high-speed taxiways and other miscellaneous taxiway improvements 10 Rehabilitation/expansion of aircraft parking aprons 11 Miscellaneous airfield lighting, marking and signage improvements 12 Modification/Expansion of security screening and/or monitoring areas. A. The level of design/inspection services to be provided by the Engineer shall be determined on a project by project basis as provided above. B. Each project shall be issued a specific "Notice to Proceed". Said "Notice to Proceed" shall identify the specific task assignments to be carried out. C. The City may elect to seek a variety of specific task assignments, on a project by project basis from the Engineer. These tasks are as follows: VSA Airports Engineering Agreement Page 12 of 26 /17AIn Airport Engineering Services Exhibit A"- Scope of Services VSA AIRPORTS TASK TITLE/DESCRIPTION ASSIGNMENT A Preliminary Design - As required by the specific project, provide preliminary design sketch(es) of initial project concepts to define parameters, concepts and/or scope of work, in accordance with the Airport Layout Plan(ALP)and other applicable regulations/drawings. Quantity and content of the sketches to be determined by the Engineer. B Design Charette-The Engineer and all necessary sub-consultants for the specific project shall meet at the Palm Springs International Airportfor a one(1)day'brain storming'session. The outcome of these session(s)will be to explore and define all possible issues related to the specific project. DELIVERABLES: A summary report/minutes of the session(s) and charette findings, consisting of ten (10) color copies in 11" x 17"format. Booklet to include concept sketches and outline of key design issues &findings of the charette.. C Topographic Surveying- Perform topographic surveys of proposed construction areas, as required, for design. D Soils Testing/Pavement Design - Perform necessary geotechnical services of proposed construction areas, as required, for design. E Schematic Design-The lead designer, as assigned by the Engineer and agreed to by the City, shall review the Design Charette findings for the specific project, and develop three(3) alternatives and associated sketches for the specified project; develop project specific phasing plans;coordinatethe establishmentof bid proposals into schedules to allow flexibitity of award to match the funds available. DELIVERABLES:A booklet/report documenting the three(3)alternatives and corresponding Engineer's Report.Said documentation shall consist of five(5)color copies in 11"x 17"format documenting in sketch form the project as defined in the design charette summary report. This booklet will be based on a maximum of three (3) alternates and would include, as required, a plot plan, elevation and floor plan, a preliminary construction schedule and order of magnitude cost, by construction discipline. F Design Review Package (for submittal to Planning Department/City Council, etc.) - These items shall be used to obtain approval by, but not limited to, the Airport Commission, Planning Commission and City Council for the City of Palm Springs. Coordinate the establishment of bid proposals into schedules to allow flexibility of award to match the funds available. Prepare the final plans and specifications for submission and review by the City and the FAA. DELIVERABLES: Based on one (1) selected Schematic Design Task, the Engineer will furnish to the City color presentation boards, including color elevations, site plans, profile drawings/presentation boards,floor plans, etc.for the specified project.A City of Palm Springs major architectural review application is shown in Attachment 1. The Engineershall ensure the distribution of applicable drawings and information to complete the Citysubmittal. If requested by the City,3D color renderings are available for an additional fee of$4,000 each. VSA Airports Engineering Agreement Page 13 of 26 / 'I14// Airport Engineering Services Exhibit °A"- Scope of Services VSA AIRPORTS TASK TITLE/DESCRIPTION ASSIGNMENT G Civil Design/Bid Package (engineering drawings, general conditions, special provisions, technical specifications, etc.) - Develop and submit for City review and approval, the necessary civil design and/or bid package documents. Provide complete sets of approved plans, specifications and contract documents for the bidding of the project; arrange for and conduct Pre-bid conferences and project familiarization tours;assistwith the bid opening and processing of bid documents and make recommendations to the City for award of contract schedules; redesign the project or adjust the scope via the use of bid schedules at no additional cost if project bids are higher than the approved budget. All bid packages shall include any and all applicable Department of Transportation (DOT)/Federal Aviation Administration (FAA)contract assurances. DELIVERABLES: Preparation and assembly in City and/or FAA bid document format. To the extent practicable, all bid documents shall be prepared for publication and advertising via the Internet. H Environmental Assessment - Limited to preparing the City's Environmental Assessment/application forms for submission to the City of Palm Springs, Department of Planning&Building. If required, more in-depth environmental review for the specific project may be required with other specialized sub-consultants, and is outside the scope of this agreement. I Architectural Design,including landscaping/Bid Package-(plans and specifications,general conditions, special provisions, technical specifications, etc.) - Develop and submit for City review and approval, the necessary architectural design and/or bid package documents; provide complete sets of approved plans, specifications and contract documents for the bidding of the project; redesign the project or adjust the scope via the use of bid schedules at no additional cost if project bids are higher than the approved budget. All bid packages shall include any and all applicable Department of Transportation (DOT)/Federal Aviation Administration (FAA)contract assurances. DELIVERABLES: Preparation and assembly in City and/or FAA bid document format. To the extent practicable, all bid documents shall be prepared for publication and advertising via the Internet. J Architectural, including landscaping construction administration - The Architectural sub- consultant, in conjunction with the Engineer, shall prepare all addition and deletion architectural related change orders and supplemental agreements for approval by the City as required.After acceptance of the Construction Contract by the Contractor, copies will be submitted to the City and the FAA for approval and signature before proceeding with the work. As required on a project byproject basis,the Architectural sub-consultant,in conjunction with the Engineer,shall review the submitted weekly contractor's payroll,review and as required, approve, shop drawings and construction submittals, and prepare and maintain necessary records of construction progress. Upon acceptance of the project, the Architectural sub-consultant, in conjunction with the Engineer, shall prepare the "Record Drawings", including any field surveying required to compute final quantities,and the Construction Engineering Report,and shall provide the City and the FAA with one (1) set of reproducible "Record Drawings' and one (1) copy of the Construction Engineering Report. On completion of the project, the Architectural sub-consultant, in conjunction with the Engineer,shall prepare and supplythe Citywith any maintenance manuals and/or programs for the improvements constructed under the project. VSA Airports Engineering Agreement Page 14 of 26 Airport Engineering Services Exhibit`A"- Scope of Services VSA AI RPORTS TASK TITLE/DESCRIPTION ASSIGNMENT K Field Engineering-Arrange for and conduct Pre-Construction conferences.Providecomplete resident engineering coordination of the construction workwith sufficient qualified inspectors who shall be present during all construction operations to observe that construction is accomplished in accordance with the plans and specifications.It is expressly understood that the term "engineering coordination" does not mean that the Engineer will assume any responsibility that usurps or replaces the duties and authority of a construction Superintendent or other Contractor agent charged with responsibility for the construction operation. In carrying out his responsibilities forengineering coordination,the Engineershall guard the City against defects and deficiencies in the permanent work constructed by the Contractor, but does not guarantee the performance of the Contractor. The above disclaimers do not in anyway abrogate the responsibility of the Engineer as agent for the City to exercise technical competence, expertise, skill and engineering judgment so that the Contractor's construction products are provided in accordance with the construction contract documents. The Engineer shall issue such instructions to the Contractor's Construction Superintendent as are necessary to protect the City's interests to the same extent as would the City, itself. The Engineer shall provide sufficient surveys and observe and check surveys conducted by the Contractor in accordance with the plans and specifications. The Engineer shall act as the City's agent during construction to protect the City's interest and shall have the authority to recommend to the City that the construction be stopped if not in accordance with the plans and specifications. The Engineer will furnish a weekly construction progress and inspection report to the City and the FAA. The Engineer shall prepare all addition and deletion change orders and supplemental agreements for approval by the City as required. After acceptance of the Construction Contract by the Contractor,copies will be submitted to the City and the FAA for approval and signature before proceeding with the work. The Engineer shall review the submitted weekly contractor's payroll, check shop drawings and construction submittals, and prepare and maintain necessary records of construction progress. When the project has been completed and is ready for final acceptance, the Engineer shall arrange for inspection of the finished work by the FAA, the City, the Contractor and the Engineer, following which the final estimate for the work will be considered by the City. Upon acceptance of the project,the Engineer shall prepare the"Record Drawings",including any field surveying required to computer final quantities, and the Construction Engineering Report, and shall provide the City and the FAA with one (1) set of reproducible "Record Drawings" and one (1) copy of the Construction Engineering Report. On completion of the project, the Engineer shall prepare and supply the City with any maintenance manuals and/or programs for the improvements constructed underthe project. Perform the duties of the Engineer/Architect as set forth in the General Conditions of the Construction contract. VSA Airports Engineering Agreement Page 15 of 26 ` / 14/3 Airport Engineering Services Exhibit "A"- Scope of Services VSA AIRPORTS II. PRELIMINARY STUDIES A. As requested,assist the City in the preparation of application for federal/state/local assistance, including, but not limited to, Pre-Application, preparation of the Program Sketch Narrative, engineer's estimate, the required Statements and Notifications, the environmental documentation and State and Regional reviews; B. Cons ult/coordin ate with Airport users,the Federal Aviation Administration(FAA),Transportation Security Administration (TSA), airport staff, City, County and other interested parties; and, C. Review, revise as necessary, the airport drawings which provide the basis for the project design. III. GENERAL CONSULTING SERVICES A. These services will be provided on a project by project basis as requested by the City to accomplish or assist in the accomplishment of any or all of the following work items: 1. Update the Airport Layout Plan (ALP), Airfield Signage Plan, Master Electrical Plan, as required; 2. Update Environmental Assessment, including coordination with the FAA, local, regional and federal agencies, and assist in conducting Public Hearings, as required. 3. Assist the City in the preparation and/or updates of the Pre-Application, Application, prepare the Program Sketch Narrative,engineer's estimate,the required Statements and Notifications, the environmental documentation and State and Regional reviews for applications for federal assistance, as required. 4. Provide advisory services to assist the City in the management, operation, maintenance and administration of the Airport, as required. 5. Provide such other services as may be required and requested by the City. IV. CHANGE OF SCOPE A. In addition to the foregoing services, the City may require additional services such as property surveys, descriptions of land, easements, redesign or major changes of the concept after final plans or concepts have been approved by the FAA. Payments to the Engineer for such work because of the change in scope or the project shall be negotiated at the time of the anticipated change, and it shall be mutually agreed to pursuant to Section 1.7 of the Agreement. VSA Airports Engineering Agreement Page 16 of 26 / ��i�' Airport Engineering Services Exhibit`A"-Scope of Services VSA AI RPORTS V. PROJECT SPECIFIC SCOPES A. Task assignments, on a project by project basis, as listed below, are included with this agreement. As additional task assignments, on a project by project basis are required, an amendment to this agreement will be mutually agreed upon by the Engineer and the City. PROJECT# PROJECT TITLE7DESCRIPTION TASKASSIGNMENTS 1 Access Control System Replacement A, B, E 2 Airport Roadway System Revisions (300' Rule Mitigation) A, B, C, D, G 3 Passenger Terminal Central Core Plaza A, B, E, F 4 Remote Vehicle Inspection Facility- (300' Rule Mitigation) A, B, C, D, E, F 5 Terminal Building Hardening/Blast Protection A, B, E 6 Relocation/reconstruction of airport perimeter fencing 7 Relocation of the segmented circle and/or Automated Surface Observation System (ASOS) 8 Vehicle Size Limitation Frames (300' Rule Mitigation) 9 Construct high-speed taxiways and other miscellaneous taxiway improvements 10 Rehabilitation/expansion of aircraft parking aprons 11 Miscellaneous airfield lighting, marking and signage improvements 12 Modification/Expansion of security screening and/or monitoring areas. A, B VSA Airports Engineering Agreement Page 17 of 26 Airport Engineering Services Exhibit`B"- Special Requirements VSA AIRPORTS EXHIBIT "B" SPECIAL REQUIREMENTS 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, Engineer 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, demand 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 Engineer'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 performance of this Agreement on the part of Engineer, or any of Engineer's subcontractor's, employees, or anyone for whom Engineer has obligated itself under this Agreement, 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. The Engineer 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 Engineer's employees and agents,or for damage to, or destruction of, any property of third persons, in any manner to the extent caused by the negligent performance of the professional services under this Agreement on the part of the Engineer. Section 5.3 Performance Bond shall not apply to this agreement. Section 4.3 Prohibition Against Subcontracting or Assignment. This section is amended as follows: A. The Engineer reserves the right to obtain the services of other consulting engineers experienced in airport work to prepare and execute the work which is relating to the project. B. As outlined in the Engineer's response to Request for Statements of Qualifications and Letters of Interest (SOQ 13-02) to provide Airport Engineering Services for the Palm Springs International Airport, VSA AIRPORTS, Inc has identified the following sub-consultants: 1. Gensler - Architects 2. Michael Buccino, Landscape Architects 3. JMD Engineering, Electrical Engineers 4. DMJMH+N, Security Specialist 5. Cal-West Consultants - Geotechnical/Materials/Testing 6. Weidlinger Associates - Special Structural Engineering I. TITLE VI ASSURANCES A. During the performance of this agreement, the Engineer, for itself, its assignees and successors in interest (hereinafter referred to as the "Engineer" agrees as follows: VSA Airports Engineering Agreement Page to of 26 11,141� Airport Engineering Services Exhibit "8"-Special Requirements VSA AIRPORTS 1. Compliance with Regulations. The Engineer shall comply with the regulations relative to nondiscrimination in Federally assisted programs of the Department of Transportation (hereinafter "DOT") Title 49, Code of Federal Regulations, Part 21, as they may be amended from time to time, (hereinafter referred to as the "Regulations"), which are herein incorporated by reference and made a part of this agreement. 2. Nondiscrimination. The Engineer, with regard to the work performed by them during the agreement, shall not discriminate on the grounds of race, color, or national origin in the selection and retention of subcontractors, including procurement of materials and leases of equipment. The Engineer shall not participate either directly or indirectly in the discrimination prohibited by Section 2.5 of the Regulations, including employment practices when the contract covers a program set forth in Appendix B of the Regulations. 3. Solicitations for Subcontracts Including Procurement of Materials and Equipment. In all solicitations either by competitive bidding or negotiation made by the Engineer for work to be performed under subcontract, including procurement of materials or leases of equipment, each potential subcontractor or supplier shall be notified by the Engineer of the Engineer's obligations under this contract and the Regulations relative to nondiscrimination on the grounds of race, color, or national origin. 4. Information and Reports. The Engineer shall provide all information and reports required by the Regulations or directives issued pursuant thereto and shall permit access to its books, records, accounts, other sources of information, and its facilities as may be determined by the City or the Federal Aviation Administration (FAA) to be pertinent to ascertain compliance with such Regulations, orders, and instructions. Where any information required of a contractor is in the exclusive possession of another who fails or refuses to furnish this information, the Engineer shall so certify to the City or the FAA, as appropriate, and shall set forth what efforts it has made to obtain the information. 5. Sanctions for Noncompliance. In the event of the Engineer's noncompliance with the nondiscrimination provisions of this agreement, the City shall impose such contract sanctions as it or the FAA may determine to be appropriate, including, but not limited to withholding of payments to the contractor underthe contract until the contractor complies. ll. MINORITY BUSINESS ENTERPRISE (MBE) ASSURANCES A. It is the policy of the Department of Transportation (DOT) that minority business enterprises as defined in 49 CFR Part 23 shall have the maximum opportunity to participate in the performance of contracts and subcontracts financed in whole or in part with Federal funds under this agreement. Consequently, the MBE requirements of 49 CFR Part 23 apply to this agreement. B. The Engineer agrees to ensure that minority business enterprises as defined in 49 CFR Part 23 have the maximum opportunity to participate in the performance of contracts and subcontracts financed in whole or in part with Federal funds provided under this agreement. In this regard, all contractors shall take all necessary and reasonable steps in accordance with 49 CFR Part 23 to ensure that minority business enterprises have the maximum opportunity to compete for and perform contracts. Contractors shall not discriminate on the basis of race, color, or national origin, or sex in the award and performance of DOT assigned contracts. VSA Airports Engineering Agreement page 19 or 26 / Airport Engineering Services Exhibit `B"-Special Requirements VSA AIRPORTS III. CITY'S RESPONSIBILITIES A. The City shall make available to the Engineer all technical data that is in the City's possession including maps, surveys, property descriptions, borings, and other information required by the Engineer and related to his work. B. The City agrees to cooperate with the Engineer in the approval of all plans and specifications, or should they disapprove of any part of said plans and specifications, shall make a decision timely in order that no undue expense will be caused the Engineer because of lack of decisions. If the Engineer is caused extra drafting or other expense due to changes ordered by the City after the completion and approval of the plans and specifications, the Engineer shall be equitably paid for such extra expenses and services involved. C. The City shall pay publishing costs for advertisements of notices, public hearings, requests for bids, and other similar items; shall pay for all permits and licenses that may be required by local, state, or Federal authorities; and shall secure the necessary land, easements, rights-of- way required for the project. D. The City shall make available to the Engineer all technical data that is in the City's possession including maps, surveys, property descriptions, borings, and other information required by the Engineer and related to his work. IV. ENGINEER'S RESPONSIBILITIES A. The City and the FAA or any of their duly authorized representatives shall have access to any books, documents, papers, and all other records which are directly related to this project(s)for the purpose of making audit, examination, excerpts, and transcriptions. B. The Engineer agrees to comply with Federal Executive Order No. 11246, entitled, "Equal Employment Opportunity",as supplemented in Department of Labor Regulations(41 CFR, Part 60)if this"agreement"exceeds$1 0,000'Sections 103 and 107 of the Contract Work Hours and Safety Standards Act(40 USC 317-330)as supplemented by Department of Labor Regulations (29 CFR, Part 5)if this"agreement"exceeds$25,000;and all applicable standards,orders, and regulations issued pursuant to the Clean Air Act of 1970 if this"agreement exceeds$100,000. C. Incorporation of Provisions 1. The Engineer shall include the provisions of Sections I and II of the Regulations in every subcontract including procurement of materials and leases of equipment, unless exempt by the Regulations or directives issued pursuant thereto. The Engineer shall take such action with respect to any subcontract or procurement as the City or the FAA may direct as a means of enforcing such provisions including sanctions for noncompliance. Provided, however that in the event a contractor becomes involved in, or is threatened with, litigation with a subcontractor or suppliers as a result of such direction, the engineer may request the City to enter into such litigation to protect the interests of the City and, in addition, the engineer may request the United states to enter into such litigation to protect the interests of the United States. VSA Airports Engineering Agreement page 20 of 26 / / Airport Engineering Services Exhibit `B"- Special Requirements VSA AIRPORTS V. AVIATION SECURITY A. Prior to being granted access to certain secured areas of the Airport, the Engineer and all associated sub-consultants shall successfully complete a fingerprint based Criminal History Records Check (CHRC) in accordance with 49 CFR 1542.209 and/or the Airport Security Program (ASP). B. The Engineer shall provide to the City airport prior to the commencement of construction, a letter authorizing an individual(s) to approve the issuance of security badges. C. All Contractor personnel who require access to certain secured areas of the Airport must obtain,and conspicuously display on their person at all times when they are within these areas, an Airport issued security identification badge, as outlined in the ASP. The appropriate badge may be obtained at the Airport Operations Center located in the terminal building. D. Identification badge and vehicle permit fees for the Engineer and associated sub-consultants are hereby waived. E. Once the CHRC has been successfully completed,the Engineerand associated sub-consultant must satisfactorily complete a required 2 hour training class on airport security. Attendance of the class and subsequent issuance of the security identification badge may take longer than 2 112 hours per person. F. Vehicles to be utilized by the Engineer and associated sub-consultants that required access to certain secured areas of the Airport are required to have conspicuously posted on said vehicle a vehicle permit issued by the City. This vehicle permit shall hold the Engineer responsible for both the vehicle and all personnel within the vehicle while the vehicle is on airport property. All vehicles in full view, and at all times, a 3 foot by 3 foot flag with 1 foot checks of international orange and white. During nightime hours, an amber rotating beacon is required. G. All violations of Airport security are also violations of the City of Palm Springs Municipal Code 11.33.052. Any such violation may result in arrest, the issuance of a citation and/or the immediate revocation of access privileges. VSA Airports Engineering Agreement Page 21 of 26 117AI ' Airport Engineering Services Exhibit"C"-Schedule of Compensation VSA AI RPORTS EXHIBIT "C" SCHEDULE OF COMPENSATION I. HOURLY RATES AND BILLING PROCEDURES A. Listed Rates are inclusive of labor overhead, administrative costs and profit. B. Reimbursable Costs 1. Company and personal automobiles will be billed at the rate of $35.00/Day (2-wheel drive), $55.00/Day (4-wheel drive when needed to perform the work and authorized by City) and $0.35/Mile. 2. Rental Automobiles and out-of-town (outside the Coachella Valley) expenses will be at actual costs not to exceed $300.00/Day. 3. Subcontracted Services and/orfirms not identified within this exhibit(aerial photography, survey, etc.) will be billed at actual costs, plus 10 percent. C. VSA AIRPORTS, Inc Principal . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $110.00/hr Senior Design Engineer . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $100.00/hr Design Engineer . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $90.00/hr Project Engineer/Construction Coordinator . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $80.00/hr Engineering Technician . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $70.00/hr Graphics/CADD Technician . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $70.00/hr Clerical . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $50.00/hr D. Gensler (Architectural Services) Principal . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $165.00 - 220.00/hr Senior Associate . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $137.50 - 165.00/hr Associates . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $88.00 - 137.50/hr Designers/Engineers . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $82.50 - 110.00/hr Draftpersons . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $60.50 - 82.50/hr E. Michael Buccino (Landscape Architects) Landscape Architect . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $125.00/hr Draftsman . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $65.00/hr Clerical . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $35.00/hr VSA Airports Engineering Agreement page 22 of 26 / G of Airport Engineering Services Exhibit "C"- Schedule of Compensation VSA AIRPORTS F. JMD Engineering (Electrical Engineers) Principal . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $125.00/hr Senior Electrical Engineer . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $125.00/hr Senior Project Engineer . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $100.00/hr Project Engineer . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $90.00/hr Design Engineer . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $87.50/hr Clerical . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $50.00/hr CADD Operator . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $62.50/hr G. DMJMH+N (Security Specialist) Principal . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $175.00/hr Senior Associate . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $165.00/hr Associates . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $140.00/hr Designers/Engineers . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $125.00/hr H. Weidlinger Associates - Special Structural Engineering Principal . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $180.00/hr Senior Associate . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $125.00/hr Associate . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $120.00/hr Senior Engineer . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $105.00/hr Engineer . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $85.00/hr Designers . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $78.00/hr Full-Time Resident Engineer/Clerk of Works . . . . . . . . . . . . . . . . . . . . . . . . . . . . $80.00/hr CADD Operator/Drafter . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $72.00/ht Word Processor . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $50.00/hr I. For the project specific task assignments identified in "Exhibit A", except for tasks J"and X", the City agrees to make monthly payments based upon the percentage of work performed by the Engineer. Lump sum, not-to-exceed prices for each project specific task assignment are listed in Project Specific Compensation. J. For project specific task assignment J"and"K", as identified in "Exhibit A", the Engineer shall be reimbursed on the basis of Time and Materials to the maximum allowance amount listed under "project specific compensation", i.e., the number of hours worked, multiplied by the Engineer's standard hourly rates for each applicable employee classification on a project by projectbasis. Final project specific documentation(final inspection,construction report, Record Drawings, ALP, etc.) shall be provided prior to final payment on any project specific compensation. 1. Subcontracted Services and/or firms not identified within this exhibit(aerial photography, survey, etc.) will be billed at actual costs, plus 5 percent. K. Fees for project specific task assignments which are not shown in this agreement, will be negotiated at a later date when the scope of work is defined and will be formalized by an amendment to this agreement. VSA Airports Engineering Agreement Page 23 of 26 �7� a/ Airport Engineering Services Exhibit "C"- Schedule of Compensation VSA AIRPORTS L. For GENERAL CONSULTING SERVICES, the City agrees to make monthly payments based upon the work performed by the Engineer. Labor rates shall be in accordance with this Exhibit. M. The maximum allowance for GENERAL CONSULTING SERVICES for each twelve months of the contract is$30,000. Any amount over the estimated maximum allowance will be negotiated and agreed to by the City and the Engineer, in writing, prior to beginning actual work. NOTE: This is a MAXIMUM allowance, which the City reserves the right to use as required. II. PROJECT SPECIFIC COMPENSATION PROJECT# PROJECT TITLEIDESCRIPTION COMPENSATION(NOT TO EXCEED) 1 Access Control System Replacement $126,000 2 Airport Roadway System Revisions (300' Rule Mitigation) $480,000 3 Passenger Terminal Central Core Plaza $83,500 4 Remote Vehicle Inspection Facility- (300' Rule Mitigation) $33,000 5 Terminal Building Hardening/Blast Protection $26,000 6 Relocation/reconstruction of airport perimeter fencing $0 7 Relocation of the segmented circle and/or Automated $0 Surface Observation System (ASOS) 8 Vehicle Size Limitation Frames (300' Rule Mitigation) 9 Construct high-speed taxiways and other miscellaneous $0 taxiway improvements 10 Rehabilitation/expansion of aircraft parking aprons $0 11 Miscellaneous airfield lighting, marking and signage $0 improvements 12 Modification/Expansion of security screening and/or $15,000 monitoring areas. A. For each project that is issued a "Notice to Proceed", the actual compensation shall be based on hours worked multiplied by the hourly rate (Exhibit "C",), but not exceeding the maximum amount of the allocation. Payments will be made monthly based on the percentage of work completed in each area of work defined above. VSA Airports Engineering Agreement Page 24 of 26 Airport Engineering Services Exhibit"D'-Schedule of Performance VSA AIRPORTS EXHIBIT "D" SCHEDULE OF PERFORMANCE The services contemplated in this Agreement and assigned to the Engineer to complete shall commence within 10 days from the "Notice to Proceed" date and shall be completed based upon the time lines mutually agreed upon between the City and the Engineer. Each enumerated project identified in Exhibit "A" shall have a separate Schedule of Performance as listed below or as shall be mutually agreed upon at a future date by the City and the Engineer. Time lines are subject to adjustment based on receipt of Federal Aviation Administration (FAA) funds. Delays in receipt of FAA funds will result in a day for day extension of time on each work item. PROJECT# PROJECT TITLEIDESCRIPTION COMMENCE COMPLETE 1 Access Control System Replacement Task Assignment"A' August 1, 2002 August 15, 2002 Task Assignment"B" August 15, 2002 September 1, 2002 Task Assignment"E" September 15, October 1, 2002 2002 2 Airport Roadway System Revisions (300' Rule Mitigation) Task Assignment"A" May 1, 2002 May 15, 2002 Task Assignment"B" May 1, 2002 June 1, 2002 Task Assignment"C" May 15, 2002 June 15, 2002 Task Assignment"D" May 15, 2002 June 15, 2002 Task Assignment"G" July 1, 2002 August 20, 2002 3 Passenger Terminal Central Core Plaza Task Assignment"A" May 1, 2002 May 15, 2002 Task Assignment"B" May 1, 2002 June 1, 2002 Task Assignment"C" May 1, 2002 June 1, 2002 Task Assignment"E" June 1, 2002 June 15, 2002 Task Assignment"F" June 1, 2002 June 20, 2002 4 Remote Vehicle Inspection Facility - (300' Rule Mitigation) Task Assignment"A" May 1, 2002 May 15, 2002 Task Assignment"B" May 1, 2002 June 1, 2002 Task Assignment"C" May 15, 2002 June 15, 2002 Task Assignment"D" May 15, 2002 June 15, 2002 Task Assignment"E" June 1,,2002 June 15, 2002 VSA Airports Engineering Agreement Page 2e of 26 / 114a-�3 Airport Engineering Services Exhibit D"- Schedule of Performance VSA AIRPORTS PROJECT# PROJECT TITLEI,DESCRIPTION COMMENCE COMPLETE Task Assignment"F" June 1, 2002 July 1, 2002 5 Terminal Building Hardening/Blast Protection Task Assignment"A" July 1, 2002 July 15, 2002 Task Assignment"B" July 1, 2002 August 1, 2002 Task Assignment"E" August 1, 2002 August 15, 2002 6 Relocation/reconstruction of airport perimeter fencing 7 Relocation of the segmented circle and/or Automated Surface Observation System (ASOS) 8 Vehicle Size Limitation Frames (300' Rule Mitigation) 9 Construct high-speed taxiways and other miscellaneous taxiway improvements 10 Rehabilitation/expansion of aircraft parking aprons 11 Miscellaneous airfield lighting,marking and signage improvements 12 Modification/Expansion of security screening and/or monitoring areas. Task Assignment"A" August 1, 2002 September 1, 2002 Task Assignment'B" October 1, 2002 November 1, 2002 VSA Airports Engineering Agreement Page 26 of 26 IN WITNESS WHEREOF, the parties have executed and entered into this Agreement as of the date first written above. CITY OF PALM SPRINGS, a municipal corporation ATTEST: By: By: City Clerk City Manager (Check one: _Individual _ Partnership APPROVED AS TO FORM: _ Corporation) CONTRACT R: By: VSA AIRP RT Inc. City Attorney p �� By: pG/ 7`K/ igna ee((Notarized) /Co%v J�cayE�oov Corporations require two notarized signatures: Print Name & Title One from each of the following: A. Chairman of Board, President, or any Vice President: AND B. rp 5-/lygu Secretary, Assistant Secretary, Treasurer, Assistant Treasurer, or Chief Financial Officer). By: Signature (Notarized) Print Name & Title Mailing Address: Page 11 of 26 ���a5 MINUTE ORDER NO. APPROVING AN AIRPORT ENGINEERING AGREEMENT WITH VSA AIRPORTS FOR A THREE YEAR PERIOD. I HEREBY CERTIFY that this Minute Order, approving an Airport Engineering Agreement with VSA Airports for a three year period, was adopted by the City Council of the City of Palm Springs, California, in a meeting thereof held on the 24'h day of April, 2002. PATRICA A SANDERS City Clerk