HomeMy WebLinkAbout6/16/2004 - STAFF REPORTS (7) DATE: June 16 2004
TO: City Council
FROM: Director of Public Works/City Engineer
PALM CANYON WASH/TAHQUITZ CREEK FLOODWALLS DESIGN CONTRACT
RECOMMENDATION:
It is recommended that the City Council approve a contract services agreement in the
amount of $70,870.00 with Tettemer & Associates, a division of The Keith Companies,
Inc., for the Palm Canyon Wash/Tahquitz Creek Floodwalls, City Project 90-06.
SUMMARY:
On October 7, 1992, the City Council awarded a design contract to John M. Tettemer &
Associates, LTD., for design services related to expansion of the City's municipal golf
course within the Tahquitz Creek. This new contract services agreement completes the
remaining design services required to complete construction of flood control protection
improvements related to the Tahquitz Creek golf course, necessary to obtain clearances
as originally approved by FEMA in 1994.
BACKGROUND:
In 1992, the City began coordination efforts to prepare for the design of the expansion of
the City's municipal golf course in the Tahquitz Creek floodway. The expansion of the
golf course within the Tahquitz Creek required extensive cooperation with the Army
Corps of Engineers, the Federal Emergency Management Agency (FEMA), Riverside
County Flood Control District (RCFC), and a variety of other state and federal agencies.
The City selected the services of John M. Tettemer & Associates, LTD., in 1992 to
provide the extensive technical services that were necessary for the City to receive the
state and federal approvals required to construct the expansion of the Tahquitz Creek
golf course that exists today.
The original contract with Tettemer, approved as Agreement No. 3157 on October 7,
1992, provided the City with the initial design services and coordination efforts between
the City and the Army Corps of Engineers, FEMA, and RCFC. Their work resulted in
completion of hydraulic analysis of the proposed Tahquitz Creek golf course and other
work that allowed the City to receive a "Conditional Letter of Map Revision" (CLOMR)
dated April 18, 1994, Case No. 94-09-495R (see Attachment 1).
FEMA's CLOMR required a number of items relevant to the City's golf course expansion,
in order to provide for continued flood control protection of adjacent properties. The
intent of the CLOMR was to provide the City with guidance on what would be required by
FEMA to ensure that the City's construction within the Tahquitz Creek floodway would
not reduce the capacity of the floodway and raise the depth of floodwaters during a 100-
year storm. One of the relevant issues was the fact that some of the golf course
construction within the Tahquitz Creek included placement of fill within the floodway,
which would in fact increase the base flood elevations. In order to provide flood control
protection of adjacent properties, flood control levees were required, and in some cases,
floodwalls on top of the levees were required to provide additional "freeboard" to meet
FEMA's requirement.
3t9-
Palm Canyon WashfFahquitz Creek Floodwalls Design Contract
June 16, 2004
Page 2
In August, the City Manager approved a small contract with Tettemer to determine how
to proceed with services necessary to complete the requirements specified in FEMA's
CLOMR. Under the terms of that contract, Tettemer reviewed the City's files, existing
as-built construction plans for the Tahquitz Creek golf course, as well as their own
previous engineering files, met with RCFC staff, and determined the appropriate course
of action to prepare the necessary floodwall design needed to complete the construction
of flood control protection improvements related to the Tahquitz Creek golf course.
Staff's concern was ensuring that Tettemer's work would be consistent with RCFC's
requirements as well as conform to the original requirements of FEMA's CLOMR.
Specifically, the current Tettemer contract will complete the design services necessary to
provide civil engineering plans, specifications and estimates (PS&E) for construction of
the required floodwalls along the Palm Canyon Wash/Tahquitz Creek levees. These
floodwalls will consist of various height (3-4 feet high) masonry block walls constructed
along the top of the existing levees within the RCFC levee maintenance roads. These
plans will be reviewed and approved by RCFC, and the floodwalls will eventually be
owned and maintained by RCFC as part of the City's regional flood control
improvements.
After verification of the construction of the required floodwalls and submittal to FEMA of
all necessary information, the City's CLOMR issued by FEMA will be finalized as a
"Letter of Map Revision" (LOMR), which will effectively formalize the removal of
properties adjacent to the Palm Canyon Wash and Tahquitz Creek from the designated
Special Flood Hazard Area (see Attachment 2). Specifically, the Special Flood Hazard
Area will be reduced along the Palm Canyon Wash, from approximately 2,000 feet
upstream of the confluence with Tahquitz Creek to approximately 3,000 feet upstream of
the confluence, and along Tahquitz Creek, from approximately 2,000 feet upstream of
the confluence with Palm Canyon Wash to approximately 5,000 feet upstream of the
confluence.
A future amendment to the current Tettemer contract will be required to determine the
coordination efforts necessary to assemble the final package to FEMA in order to obtain
the final LOMR issued by FEMA. The importance of the issuance of a LOMR by FEMA
will be to amend existing Federal Insurance Rate Maps for the effected area, removing
private and public properties from the Special Flood Hazard Area, and deleting
requirements for those properties to carry flood insurance. Sufficient funds are available
for this contract in the central zone drainage fund account 1 35-437 1-55003 (Blk WI/Plm
Cyn Wsh/Thq Ck). No general funds will be used for this contract.
SUBMITTED:
APPROVED:
DAVID J. BARAKIAN DAVID H. READY
Director of Public Works/City Engineer City Manager
ATTACHMENTS:
1. FEMA CLOMR dated April 18, 1994
2. Flood Insurance Rate Map REVIEWED BY DEn OF FINANCE
3. Agreement
4. Minute Order
M,
`f z Federal Emergency Management Agency
aL Washington, D.C. 20472
APR 18 1994
CERTIFIED MAIL IN REPLY REFER TO:
RETURN RECEIPT REQUESTED Case No. : 94-09-495R
The Honorable Lloyd Martanov Community: City Ef Palm
Mayor, City of Palm Springs Springs, California
P.O. Box 2743 Community No. : 060257
Palm Springs, California 92263-2743
104
Dear Mayor Martanov:
This is in regard to a telephone conversation on February 25, 1994, with
Mr. Alan A. Swanson, P.E., Vice President, Engineering, John M. Tettemer &
Associates, Ltd. (JTA), concerning a Conditional Letter of Map Revision
(CLOMR) issued on February 10, 19949 for the City of Palm Springs,
California. During the conversation, Mr. Swanson explained that all areas of
fill will be protected by the proposed levee improvements. Therefore, we are
reissuing the CLOMR to remove the requirement of fill compaction and to more
specifically state the data that will be required for the Federal Emergency
Management Agency (FEMA) to recognize the protection provided as a result of
the levee improvements.
The February 10 CLOMR was issued in response to a letter from Mr. R.W.
Parkins, City Manager, City of Palm Springs, dated July 21, 1993, and a
followup letter from Mr. Swanson dated December 7, 1993. Mr. Parkins
requested that FEMA evaluate the effects that the proposed expansion of the
City of Palm Springs municipal golf course would have on the effective Flood
Insurance Study (FIS) report, Flood Insurance Rate Map (FIRM), and Flood
Boundary and Floodway Map (FBFM). The proposed project includes the
placement of fill and levee improvements along Palm Canyon Wash and Tahquitz
Creek.
All data required by FEMA to evaluate this request were submitted by
Mr. Parkins with his letter dated July 21, 1993, and by Mr. Swanson with his
letter dated December 7, 1993, and during the February 25, 1994, telephone
conversation. All fees necessary to process the February 10, 1994, CLOMR (a
total of $3,730) have been received. No additional fees were required to
process this reissuance.
We have reviewed the data submitted and the flood data used to prepare the
effective FIRM and FBFM for the City of Palm Springs, California. The
submitted existing conditions HEC-2 hydraulic computer model, dated
December 1993, based on updated topographic information, was used as the base
conditions model in our review of the proposed conditions model for this
CLOMR request. We believe that if the proposed project is constructed as
shown on the plans entitled "Palm Springs Golf Course, North Levee Plan and
Profile, Sta. 12+00 to Sta. 21+00," prepared by JTA, dated August 3, 1993;
"Palm Canyon Wash, Floodwall, North and South Levees," prepared by JTA,
undated; "City of Palm Springs, Plana for Construction of Palm Springs Golf
Course, Tahquitz Erosion Protection," prepared by JTA, dated September 13,
1993; and "Palm Springs Golf Course, Gene Autry Trail & Tahquitz Creek, Palm
Springs, California, Construction Drawings," prepared by Mr. Theodore G.
Robinson, Golf Course Architect, dated April 120 1993, the 100-year
floodplain boundaries will be delineated as shown on the topographic work map
entitled "City of Palm Springs, Municipal Golf Course Expansion Project,
Conditional Letter of Map Revision Request Work Map," prepared by JTA, dated
December 1993.
As a result of the placement of fill, the base (100-year) flood elevations
(BFEs) will increase along Palm Canyon Wash and Tahquitz Creek in the area of
the proposed project. However, as a result of the proposed levee
improvements, the 100-year flood will be contained within the levees. The
Special Flood Hazard Area will be reduced along Palm Canyon Wash, from
approximately 21000 feet upstream of the confluence with Tahquitz Creek to
approximately 3,000 feet upstream of the confluence, and along Tahquitz
Creek, from approximately 2,000 feet upstream of the confluence with Palm
Canyon Wash to approximately 5,000 feet upstream of the confluence.
This CLOMR supersedes the CLOMR issued on February 109 1994.
Upon completion of the project and receipt of the data listed below, we will
make a final determination on revising the effective PIS report, FIRM, and
FBFM.
• Detailed application and certification forms, which were used in
processing this request, must be used for requesting final
revisions to the maps. Therefore, when the map revision request
for the area covered by this letter is submitted, Form 2, entitled
"Certification by Registered Professional Engineer and/or Land
Surveyor," must be included and must provide certification of the
geotechnical aspects of the project. (A copy of this form is
enclosed.)
• Please note that the National Flood Insurance Program (NFIP) is
non-taxpayer funded and its expenses are paid for by policyholders.
Therefore, to minimize the financial burden on the policyholders
while maintaining the NFIP as self-sustaining, FEMA has implemented
a procedure to recover costs associated with reviewing and
processing requests for modifications to published flood
information and maps. Therefore, an initial fee of $225, which
represents the minimum charges associated with a request of this
type, must be submitted before we can process your revision
request. Payment of this fee shall be made in the form of a check
or money order made payable in U.S. funds to the National Flood
Insurance Program, or by credit card payment. The payment is to be
forwarded to the following address:
Federal Emergency Management Agency
Revisions Fee-Collection System Administrator
P.O. Box 3173
Merrifield, Virginia 22116
3)9V
3
• As-built plans, certified by a registered professional engineer, of
all proposed project elements
• Evidence that freeboard requirements will be maintained, based on
engineering analyses, as required by Paragraph 65.10(b)(5) of the
NFIP regulations, that assess the potential and magnitude of future
losses of freeboard as a result of levee settlement for the portion
of the Palm Canyon Wash south levee that is being raised
• Copy of the public notice distributed by the community stating the
communityls intent to revise the floodway, or a statement by the 7
community that it has notified all affected property owners and
affected adjacent jurisdictions
• An officially adopted maintenance and operation plan, in accordance
with Paragraphs 65.10(c) and (d) of the NFIP regulations, for the
Palm Canyon Wash north and south levees. This plan, which may be
in the form of a written statement from the community Chief
Executive Officer, an ordinance, or other legislation, must
describe the nature of the maintenance activities, the frequency,
with which they will be performed, and the title of the local
community official who will be responsible for ensuring that the
maintenance activities are accomplished. The plan must
specifically state the frequency of the removal of deposited
sediment from the improved channels.
• The report entitled "Application/Certification Forms To Obtain a
Conditional Letter of Map Revision for the City of Palm Springs
Municipal Golf Course Expansion Project," prepared by JTA, dated
December 1993, states that sediment deposition occurs along Palm
Canyon Wash and Tahquitz Creek. However, no sediment transport
analysis was provided. After completion of the project, please
submit a sediment transport analysis for as-built conditions.
Also, please submit copies of the previously submitted Form 5,
entitled "Channel ization Form," revised to reflect the results of
the sediment transport analysis for each stream.
After receiving appropriate documentation to show that the project has been
completed, FEMA will initiate a revision to the FIS report, FIRM, and FBFM.
Because the BFEs would change as a result of this project, a 90-day appeal
period would be initiated, during which community officials and interested
persons may appeal the revised BFEs based on scientific or technical data.
Because the existing floodway will need to be modified as part of the
revision, we would require a letter from you stating that the community would
adopt and enforce the modified floodway. If the State of California has
jurisdiction over either the floodway or its adoption by your community, we
would need a copy of your letter to the appropriate State agency notifying it
of the floodway modification and a copy of a letter from that agency stating
its approval of the modification.
319!s�
4
The basis of this CLOMR is a proposed channel-modification project.
Paragraph 60.3(b)(7) of the NFIP regulations requires that communities
"assure that the flood-carrying capacity within the altered or relocated
portion of any watercourse is maintained." This provision is incorporated
into your community's existing floodplain management regulations.
Consequently, your community must agree to accept responsibility for the
maintenance of the modified channel before allowing its construction.
This response to Mr. Parkins ' request is based on minimum floodplain
management criteria established under the NFIP. Your community is
responsible for approving all proposed floodplain development, including this
request, and for assuring that the necessary permits required by Federal or
State law have been received. State and community officials, based on
knowledge of local . conditions and in the interest of human safety, may set
higher standards for construction or may limit development in floodplain
areas. If the State of California or the City of Palm Springs has adopted
more restrictive or comprehensive floodplain management criteria, those
criteria take precedence over the minimum NFIP requirements.
Should you have any questions regarding this matter, please contact the
Division Director, Mitigation Division of FEMA in San Francisco, California,
at (415) 923-7175, or Mr. John Magnotti of our staff in Washington, DC,
either by telephone at (202) 646-3932 or by facsimile at (202) 646-2577.
Sincerely,
v
ichae Buck ey, P.E. , Chief
Hazard Identification Branch
Mitigation Directorate
Enclosure
cc: Mr. Kenneth L. Edwards
General Manager-Chief Engineer
Riverside County Flood Control
and Water Conservation District
Mr. R.W. Parkins
City Manager
City of Palm Springs
Mr. Alan A. Swanson, P.E.
Vice President, Engineering
John M. Tettemer & Associates, Ltd.
Ingdianiaii Re> , I e.aueuw
w servation
ZONE C E
n PALM SPRINGS
MUNICIPAL
SflCNJsSe Icr>«N
Fi/C 22<L- 5\TII\O�V\O JJWmLL C❑Q6w
II R
Ew❑R ESA wOD RIVEwO w
mam
�A
AIRPORTPA RO
O
ROAD
RM50 C ELA
RM52
idian Reservation TH
'd ° CI
• ZONE B o L=
❑ Z J W
m LL w o m m 3 D o
- - - - � ❑ W 4
fL m p� U w > a
J z
W W W
a RM94
SUNNY DUNES ROAD
RM72 -D 0 D
Qz z zFD
z
aw < 4 S,f,.i >, sa
> � >
a o az
CALIFORNIA
AVENUE O
MESQUITE � CALL RAPHAEL
ARROYO VISTA - 9L
NUEVA F
VISTA p
DRIVE
W PY 9
evee BONE B
75
OAK CREST
D - N q _
_ RIVE SAN MATEO -� RM i UEVA VISTA
CIRCLE / ]3 _ _ H Q - - -
b - .DRIVE
DRIVE NORTH
-
SI_LVER OAK ZONE A3 -
- CIRCLE
Y OAK,CIRCLE- Irr�L I¢ - I
YI I DI Agua Caliente Indian Reservation
T DRIVE. UTH OI¢ O d - _ - _n i
Il ' -
ROAD -
OQ SANTA YNEZ. - GOLONORINAIDI - - VERACRUZ
131 WAY WAY Q - -ROAD LOMA VISTA -�C> " 1 = i--•1".
�O
Z Z CIRCLE
wEL CHORR_O- O N - �w ¢ CA
WAY Q E CIRCLE SAN MARTIN
x
D CIRCLE,
`GUROAAD
ROD ¢ O - LAS PAMPA
_ - - - A,LONDRA_
WAY AVERV- DRIVE LUC
°
y
w F
WAY
RM76' LESCOBA DRIVE"m -5 v _ { t.
RM77 - LfM _ �.ILEo_sTUIIY �-' �- . �'�
ROAD - ., - -�_ - - .is
m H
ZON EA
400
¢-RM78 I - - - 402 - : SEVEN LAKES DRIVE
MORONGO TRAIL
�y
LALIA
FRONTAGE ROAD w
CITY OF PALM SPRINGS
CONTRACT SERVICES AGREEMENT
Palm Canyon Wash/Tahquitz Creek Floodwall Design
THIS CONTRACT SERVICES AGREEMENT (herein "Agreement"), is made and entered
into this day of , 2004, by and between the CITY OF PALM
SPRINGS, a municipal corporation, (herein"City")and Tettemer&Associates,a division of The
Keith Companies, Inc., (herein "Contractor"). (The term Contractor 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 Contractor 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, Contractor represents and warrants that Contractor is a provider of
first class work and services and Contractor is experienced in performing the work and services
contemplated herein and, in light of such status and experience, Contractor covenants that it shall
follow the highest professional standards in performing the work and services required hereunder
and that all materials will be of good quality, fit for the purpose intended. For purposes of this
Agreement, the phrase "highest professional standards" shall mean those standards of practice
recognized by one or more first-class firms performing similar work under similar circumstances.
1.2 Contractor's Proposal. The Scope of Service shall include the Contractor'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. Contractor shall obtain at its sole
cost and expense such licenses, permits and approvals as may be required by law for the
performance of the services required by this Agreement. Contractor 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 Contractor'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, Contractor warrants that
Contractor(a) has thoroughly investigated and considered the scope of services to be performed,
(b) has carefully considered how the services should be performed, and (c)fully understands the
facilities, difficulties and restrictions attending performance of the services under this Agreement.
If the services involve work upon any site, Contractor warrants that Contractor 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 Contractor discover any latent or unknown
conditions,which will materially affect the performance of the services hereunder, Contractor shall
immediately inform the City of such fact and shall not proceed except at Contractor's risk until
written instructions are received from the Contract Officer.
1.6 Care of Work. The Contractor shall adopt reasonable methods during the
life of the Agreement to furnish continuous protection to the work, and the equipment, materials,
papers,documents, plans, studies and/orother components thereof to prevent losses ordamages,
-1- 319 I
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 Contractor, 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 Contractor. 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 Contractor that
the provisions of this Section shall not apply to services specifically set forth in the Scope of
Services or reasonably contemplated therein. Contractor 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 Contractor anticipates and that Contractor 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. 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
2.1 Contract Sum. For the services rendered pursuant to this Agreement, the
Contractor 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 Seventy Thousand Eight Hundred Seventy Dollars ($70,870.00) (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, (iii) payment for time and materials based upon the Contractor'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 Contractor at all project meetings reasonably deemed necessary by the City; Contractor 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 Contractor wishes to receive payment, no
later than the first(1st)working day of such month, Contractor 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 Contractor for all expenses stated
thereon which are approved by City pursuant to this Agreement no later than the last working day
of the month.
-2-
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. Contractor 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 Contractor, 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 ForceMajeure. 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 Contractor, 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
Contractor shall within ten(10)days of the commencement of such delay notify the Contract Officer
in writing of the causes of the delay. The Contract Officer shall ascertain the facts and the extent
of delay, and extend the time for performing the services for the period of the enforced delay when
and if in the judgment of the Contract Officer such delay is justified. The Contract Officer's
determination shall be final and conclusive upon the parties to this Agreement. In no event shall
Contractor be entitled to recover damages against the City for any delay in the performance of this
Agreement, however caused,Contractor'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 three (3) 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 Contractor. The following principals of Contractor are
hereby designated as being the principals and representatives of Contractor authorized to act in
its behalf with respect to the work specified herein and make all decisions in connection therewith:
Joe Mulvihill
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 Contractor 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 Contractor 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 Contractor's responsibility to assure that the
Contract Officer is kept informed of the progress of the performance of the services and the
Contractor 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 Subcontractinq or Assignment. The experience,
knowledge, capability and reputation of Contractor, its principals and employees were a substantial
inducement for the City to enter into this Agreement. Therefore, Contractor shall not contract with
3 3,14-11
any other entity to perform in whole or in part the services required hereunder without the express
written approval of the City. In addition, neither this Agreement nor any interest herein may be
transferred, assigned, conveyed, hypothecated or encumbered voluntarily or by operation of law,
whether for the benefit of creditors or otherwise, without the prior written approval of City.
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
Contractor, 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 Contractor or any surety of Contractor 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"), Contractor 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 Contractor 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 Contractor's efforts in
determining whether it will consent to a particular subcontractor. Contractor 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 Contractor, 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 Contractor's employees, servants,
representatives or agents, or in fixing their number, compensation or hours of service. Contractor
shall perform all services required herein as an independent contractor of City and shall remain at
all times as to City a wholly independent contractorwith only such obligations as are consistent with
that role. Contractor 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 Contractor in its business or otherwise or a joint venturer or a
member of any joint enterprise with Contractor.
5.0 INSURANCE, INDEMNIFICATION AND BONDS
5.1 Insurance. The Contractorshall procure and maintain,at its sole cost and
expense, in a form and content satisfactory to City, during the entire term of this Agreement
including any extension thereof, the following policies of insurance:
(a) Commercial General Liability Insurance. A policy of commercial general
liability insurance written on a per occurrence basis with a combined single limit of a least
$1,000,000 bodily injury and property damage including coverages for contractual liability,
personal injury, independent contractors, broad form property damage, products and
completed operations.The Commercial General Liability Policy shall name the City of Palm
Springs as an additional insured in accordance with standard ISO additional insured
endorsement form CG2010(1185) or equivalent language. The Commercial General
Liability Insurance shall name the City, its officers, employees and agents as additional
insured.
(b) Worker's Compensation Insurance. A policy of worker's
compensation insurance in an amount which fully complies with the statutory requirements
of the State of California and which includes $1,000,000 employer's liability.
-4- 3/4/al,
(c) Business Automobile Insurance. A policy of business automobile
liability insurance written on a per occurrence basis with a single limit liability in the amount
of $1,000,000 bodily injury and property damage, Said policy shall include coverage for
owned, non-owned, leased and hired cars.
(d) Additional Insurance. Additional limits and coverages, which may
include professional liability insurance, will be specified in Exhibit B.
All of the above policies of insurance shall be primary insurance. (Reference Section 5.4
regarding sufficiency.) The insurer shall waive all rights of subrogation and contribution it may have
against the City, its officers, employees and agents, and their respective insurers. In the event any
of said policies of insurance are canceled, the Contractor 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 Contractor has provided the City
with Certificates of Insurance, endorsements or appropriate insurance binders evidencing the
above insurance coverages and said Certificates of Insurance, endorsements, or binders are
approved by the City.
The contractor agrees that the provisions of this Section 5.1 shall not be construed as
limiting in any way the extent to which the Contractor may be held responsible for the payment of
damages to any persons or property resulting from the Contractor's activities orthe activities of any
person or person for which the Contractor is otherwise responsible.
In the event the Contractor subcontracts any portion of the work in compliance with Section
4.3 of this Agreement the contract between the Contractor and such subcontractor shall require
the subcontractor to maintain the same polices of insurance that the Contractor is required to
maintain pursuant to this Section.
5.2 Indemnification. Contractor agrees to indemnifythe City, its officers, agents
and employees against, and will hold and save them and each of them harmless from, any and all
actions, suits, claims,damages to persons or property, losses, costs, penalties,obligations, errors,
omissions or liabilities,(herein"claims or liabilities")that may be asserted or claimed by any person,
firm or entity arising out of or in connection with the negligent performance of the work, operations
or activities of Contractor, its agents, employees, subcontractors, or invitees, provided for herein,
or arising from the negligent acts oromissions of Contractor hereunder,or arising from Contractor's
negligent performance of or failure to perform any term, provision, covenant or condition of this
Agreement, whether or not there is concurrent passive or active negligence on the part of the City,
its officers, agents or employees but excluding such claims or liabilities arising from the negligence
or willful misconduct of the City, its officers, agents or employees, who are directly responsible to
the City, and in connection therewith:
(a) Contractor will defend any action or actions filed in connection with
any of said claims or liabilities and will pay all costs and expenses, including legal costs and
attorneys' fees incurred in connection therewith;
(b) Contractorwill promptly pay anyjudgment rendered against the City,
its officers, agents or employees for any such claims or liabilities arising out of or in connection with
the negligent performance of or failure to perform such work, operations or activities of Contractor
hereunder; and Contractor agrees to save and hold the City, its officers, agents, and employees
harmless therefrom;
(c) In the event the City, its officers,agents or employees is made a party
to any action or proceeding filed or prosecuted against Contractor for such damages or other
claims arising out of or in connection with the negligent performance of or failure to perform the
work, operation or activities of Contractor hereunder, Contractor agrees to pay to the City, its
officers, agents or employees, any and all costs and expenses incurred by the City, its officers,
agents or employees in such action or proceeding, including but not limited to, legal costs and
attorneys' fees.
5 31113
5.3 Performance Bond. Concurrently with execution of this Agreement,
Contractor shall deliver to City a performance bond in the sum of the amount of this Agreement,
in the form provided by the City Clerk, which secures the faithful performance of this Agreement,
unless such requirement is waived by the Contract Officer. The bond shall contain the original
notarized signature of an authorized officer of the surety and affixed thereto shall be a certified and
current copy of his power of attorney. The bond shall be unconditional and remain in force during
the entire term of the Agreement and shall be null and void only if the Contractor promptly and
faithfully performs all terms and conditions of this Agreement.
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, unless such requirements arewaived bythe 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 Contractor 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 Contractor 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. Contractor 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. Contractor 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,
Contractor agrees that if Contractor 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 Contractor is providing design services, the cost of the project being
designed, Contractorshall promptly notifythe Contract Officer of said fact,circumstance,technique
or event'and the estimated increased or decreased cost related thereto and, if Contractor is
providing design services,the estimated increased ordecreased cost estimate for the project being
designed.
6.2 Records. Contractor 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.
6.3 Ownership of Documents. All drawings, specifications, reports, records,
documents and other materials prepared by Contractor, its employees, subcontractors and agents
in the performance of this Agreement shall be the property of City and shall be delivered to City
upon request of the Contract Officer or upon the termination of this Agreement, and Contractor
shall have no claim for further employment or additional compensation as a result of the exercise
by City of its full rights of ownership of the documents and materials hereunder. Any use of such
completed documents for other projects and/or use of uncompleted documents without specific
written authorization by the Contractor will be at the City's sole risk and without liability to
Contractor, and the City shall indemnify the Contractor for all damages resulting therefrom.
Contractor may retain copies of such documents for its own use. Contractor shall have an
unrestricted right to use the concepts embodied therein. All subcontractors shall provide for
assignment to City of any documents or materials prepared by them, and in the event Contractor
fails to secure such assignment, Contractor shall indemnify City for all damages resulting
therefrom.
6.4 Release of Documents. The drawings, specifications, reports, records,
documents and other materials prepared by Contractor 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 Contractor 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 maybe 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
Contractor's right to terminate this Agreement without cause pursuant to Section 7.8.
7.3 Retention of Funds. Contractor hereby authorizes City to deduct from any
amount payable to Contractor(whether or not arising out of this Agreement) (i) any amounts the
payment of which may be in dispute hereunder or which are necessary to compensate City for any
losses, costs, liabilities, or damages suffered by City, and (ii) all amounts for which City may be
liable to third parties, by reason of Contractor's acts or omissions in performing or failing to perform
Contractor'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 Contractor, 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. The
failure of City to exercise such right to deduct or to withhold shall not, however, affect the
obligations of the Contractor 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
7 341-1000P
the event of a breach of this Agreement, the Contractor and its sureties shall be liable for and shall
pay to the City the sum of Zero Dollars ($0.00) 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 maywithhold from any monies payable on account of services
performed by the Contractor 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 Contractor, except that where termination is due to
the fault of the Contractor, the period of notice may be such shorter time as may be determined
by the Contract Officer. In addition, the Contractor 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 Contractor may determine. Upon receipt of any notice of termination, Contractor shall
immediately cease all services hereunder except such as may be specifically approved by the
Contract Officer. Except where the Contractor has initiated termination, the Contractor 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 Contractor has initiated termination, the Contractor 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 Contractor. If termination is due to the failure of
the Contractor 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 Contractor 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 Contractor 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 anyway 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 Contractor, 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 Contractor or to its
successor, or for breach of any obligation of the terms of this Agreement.
8.2 Conflict of Interest. No officer or employee of the City shall have any
financial interest, direct or indirect, in this Agreement nor shall any such officer or employee
participate in any decision relating to the Agreement which effects his financial interest or the
financial interest of any corporation, partnership or association in which he is, directly or indirectly,
interested, in violation of any State statute or regulation. The Contractor 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- JR/6
8.3 Covenant Against Discrimination. Contractor covenants that, by rand 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. Contractor 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 Contractor, 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 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.
SIGNATURES ON NEXT PAGE
3/9 / 7
-9-
IN WITNESS WHEREOF, the parties have executed and entered into this Agreement as of the
date first written above.
CITY OF PALM SPRINGS
ATTEST: a municipal corporation
By: By:
City Clerk City Manager
APPROVED AS TO FORM:
By:
City Attorney
CONTRACTOR: Check one:_Individual_Partnership_Corporation
Corporations require two notarized signatures: One from each of the following: A. Chairman of Board, President, or any Vice
President:AND B.Secretary,Assistant Secretary,Treasurer,Assistant Treasurer,or Chief Financial Officer).
By: By:
Signature(notarized) Signature(notarized)
Name: Name:
Title: Title:
Address: Address:
State of I State of I
County of )ss County of )ss
On___beforeme, On before me, ,
personally appeared personally appeared
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)is/are satisfactory evidence)to be the person(s)whose name(s)is/are
subscribed to the within instrument and acknowledged to me subscribed to the within instrument and acknowledged to me
that he/she/they executed the same in his/her/their authorized that he/she/they executed the same in his/her/their authorized
capacity(ies), and that by his/her/their signature(s) on the capacity(ies), and that by his/her/their signature(s) on the
instrument the person(s),or the entity upon behalf of which the instrument the person(s),or the entity upon behalf of which the
person(s)acted,executed the instrument. person(s)acted,executed the instrument.
WITNESS my hand and official seal. WITNESS my hand and official seal.
Notary Signature: Notary Signature:
Notary Seal: Notary Seal:
-10-
IN WITNESS WHEREOF,the parties have executed and entered into this Agreement as of the date
first written above.
CITY OF PALM SPRINGS
ATTEST: a municipal corporation
By: By:
City Clerk City Manager
APPROVED AS TO FORM:
By:
City Attorney
CONTRACTOR: Check one: _Individual _Partnership X Corporation
Corporations require two notarized signatures: One from each of the following: A. Chairman of Board,President,or any Vice President:
AND B.Secretary,Assistant Secretary,Treasurer,Assistant Treasurer,or Chief Financial Officer).
:BY
Signature(notarized) Signature (notarized)
Name: Robert S. Reid, PE Name: Eric C. Nielsen, PE
Title: Division President Title: President&C.O.O.
Address: 19 Technology Drive Address: 19 Technology Drive
(� Irvine. CA 92618 " Irvine. CA 92618
State of \ j }
�} State of �� }
County of ss lJ �h�� l
ffyy ,t{,��lt,-� County of O ss
0116)Mbefore me, `T I l c,•�e n� On J before mel(��Y j\�-D
personally appeared personally appeared ���1.�
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'(y}whose nameW ls1wo- satisfactory evidence)to be the persoroh whose name(*is/arp,
subscribed to the within instrument and acknowledged tome that subscribed to the within instrument and acknowledged tome that
heftailbay-executed the same in hisMerNheir- authorized helOWtkey-executed the same in hisrmdthek- authorized
capacity(ies), and that by hi it signature(x)_ on the capacity(i%), and that by histlu#/t tic slgnature($�-on the
instrument the person(0 or the entity upon behalf of which the instrument the person(,or the entity upon behalf of which the
person(A,"cted,executed the instrument. personk9)acted,executed the instrument.
WITNESS my hand and official seal. WITNESS my hand and official seal.
Notary Signatur : Notary Signature: r
Notary Seal: Notary Seal: ?�J111101,
BETH S.CLEMENT BETH S.CLEMENT
,
'"" Commission 8 1386297 Commission M 1386297 z
-,� _ Notary Public-California -�(�- ,-en Notary PubBc-Calllomla
Orange County - Orange County
My Comm.Expires Nov 21,2006 MYComm.Ekpires Nov 21,2006
EXHIBIT "A"
SCOPE OF SERVICES
General Scope. The intent of this contract is for Contractor to provide the City with civil
engineering design services to prepare plans, specifications and estimates (PS&E) acceptable to
and approved by Riverside County Flood Control and Water Conservation District(RCFC)for the
construction of floodwalls for the Palm Canyon Wash in the vicinity of the Tahquitz Creek Golf
Course as necessary to comply with the Conditional Letter of Map Revision (CLOMR) issued by
the Federal Emergency Management Agency(FEMA)on April 18, 1994,with the intent of removing
portions of property from designated Zone A floodways and floodplains, as delineated on the
relevant Flood Insurance Rate Maps (FIRM). Contractor's services, as detailed herein, require
Contractor to provide the City with a comprehensive PS&E package which will allow the City to
facilitate the construction of the proposed improvements.
Task 1 - Floodwall Design - Contractor shall prepare the final design documents (PS&E) for
construction of masonry floodwalls to be located along the north and south levees along the
segment of the Palm Canyon Wash which is upstream of the Gene Autry Trail bridge to East Palm
Canyon Drive. Contractor shall provide the following deliverables:
1. Masonry floodwall structural design calculations
2. Construction plans, sections and details for the floodwalls, and for modifications to the existing
RCFC channel levees (berms) for the RCFC maintenance access roads and ramps
3. Special (Technical) provisions for use in the City's contract bid specifications
The scope of work included in Task 1 includes all related project management required to process
the floodwall design final design documents, including attendance by Contractor to two (2)design
progress meetings at the City, and all required quality control/quality assurance (QA/QC) of the
design work. The scope of work included in Task 1 requires the following deliverables by the City
prior to commencement of the work (unless already available to and on file with the Contractor):
1. "As-Built" plans of the Tahquitz Creek Golf Course
2. Topographic mapping of the Palm Canyon Wash
Task 2-Floodwall Design Review&Processing-Contractor shall concurrently process the final
design documents (PS&E)for construction of the masonry floodwalls through the City and RCFC
for review and approval. This scope of work makes no assumption on the number of submittals
required to obtain City and/or RCFC approvals, and the Contractor is obligated to revise and
resubmit final design documents as necessary to accommodate and address any City or RCFC
comments on the final design documents. Although attendance at no design meetings are
explicitly included in this scope of work, the Contractor shall be required to coordinate with the City
and/or RCFC as necessary to accomplish the scope of work included in Task 2,which may include
teleconferences and/or meetings at the City or RCFC offices. The City relies on the Contractor's
previous history with this project, its experience on similar flood control protection projects, and its
professionalism in establishing the scope of work included in Task 2, and in the assignment of an
appropriate compensation therefore, as listed in Exhibit C.
Task 3 - Sediment Transport Analysis - Contractor shall prepare a revision to the Sediment
Transport Study included in Simon & Associates' February 1997 report entitled "Palm Canyon
Wash Hydraulic Analysis". This revision will be limited to improving the completeness of the report
for submittal to RCFC with the floodwall final design documents and calculations.
Task 4-Palm Canyon Wash Hydraulic Calculations-Contractor shall prepare revised hydraulic
calculations for the Palm Canyon Wash to establish the necessary final design height of the
floodwalls. The hydraulic models created for the 1993 and 1998 CLOMR applications utilized
software that is now obsolete (BOSS HEC-2). Contractor will recreate and refine the hydraulic
models as necessary for the floodwall design using HEC-RAS software. Contractor shall also
prepare new HEC-RAS cross-section location work maps as part of the hydraulic modeling. The
Palm Canyon Wash hydraulic calculations shall be revised as required to meet RCFC approval.
-11- 3 //0K�)
Task 5-Construction Support- Contractor shall provide limited support services (as requested
by the City) during the construction of the floodwalls, including up to twelve (12) construction
progress meetings, and preparation of certified "as-built" construction drawings on completion of
the floodwall construction by the City's construction contractor. Contractor shall be provided with
a record of field changes and a marked copy of construction plans showing the "as-built"
conditions. Contractor shall review construction submittals (i.e. concrete masonry block and
reinforcing steel) as may be referenced in the technical (special) provisions, and shall prepare
responses to the City's construction contractor requests for information (RFI's) during the
construction period.
END OF SCOPE OF SERVICES
END OF EXHIBIT "A"
-12-
EXHIBIT "B"
SPECIAL REQUIREMENTS
As specified in Section 5.1 (d), Additional Insurance, the following insurance policy shall be
required:
Professional Errors and Omissions Insurance. A policy of Professional Errors and
Omissions Insurance in an amount not less than One Million Dollars ($1,000,000.00) per
claim and in the aggregate with respect to loss arising from the actions of the Contractor
performing professional services hereunder on behalf of the City.
Section 5.3, Performance Bond, is waived.
Section 7.7, Liquidated Damages, is waived.
END OF SPECIAL REQUIREMENTS
END OF EXHIBIT"B"
-13-
EXHIBIT °C"
SCHEDULE OF COMPENSATION
Tasks listed below are identical to tasks identified in Exhibit A of this Agreement. Payments to
Contractor shall be made no more frequently than monthly, and shall be based on a time and
material basis in accordance with the Tettemer&Associates Fee Schedule-April 1, 2004 to March
31, 2005, attached hereto and incorporated herein as Exhibit "C-1". Payments shall be made to
Contractor based upon the agreed time and material fee schedule for completion of tasks, or pro-
rata portions thereof as noted below, to a maximum of 75% of the total task fee estimate until
completion of the associated task item. Each request for payment shall contain Contractor's
statement of the work or tasks completed or portion performed, personnel and titles with services
provided, associated hourly rates, and other supporting documentation to constitute a progress
invoice. The determination of payment due shall be made based upon the reasonable judgement
of the Contract Officer.
Task Total
Not to Exceed
Task 1 - Floodwall Design $36,500.00
Task 2 - Floodwall Design Review & Processing $8,400.00
Task 3 - Sediment Transport Analysis $1,300.00
Task 4 - Palm Canyon Wash Hydraulic Calculations $6,030.00
Task 5 - Construction Support $15,140.00
Sub-Total of all Tasks of this Contract $67,370.00
Reimburseable Expenses $3,500.00 (See Note)
Grand Total of this Contract (Not to Exceed) $70,870.00
Note: Reimburseable expenses shall not exceed the allowable amount listed hereon, shall be
based on prior payment of verified project costs (i.e. mileage, reproduction costs, etc.), and shall
not be subject to a mark-up by Contractor. All reimburseable expenses shall be compensated at
the same rate as paid by Contractor.
END OF SCHEDULE OF COMPENSATION
END OF EXHIBIT "C"
3/1-03
-14-
EXHIBIT "C-1"
The Keith Companies,Inc.
Orange County California Division
FEE SCHEDULE—April 1,2004 through March 31,2005
Compensation for work performed on a time and materials basis will be computed as follows:
MANAGEMENT Hourly Rate
President.............................................................................................................................................$195.00
VicePresident 11....................................................................................................................................180.00
VicePresident I.....................................................................................................................................175.00
Director III,Sr. Project Manager............................................................................................................160.00
Director II, Project Manager..................................................................................................................150,00
Supervisor11..........................................................................................................................................146.00
DirectorI................................................................................................................................................145.00
Assistant Project Manager....................................................................................................................141.00
SupervisorI...........................................................................................................................................125.00
CIVIL ENGINEERING AND MAPPING SERVICES
Sr.Project Surveyor..............................................................................................................................146.00
Sr. Project Engineer,Sr. Project Designer............................................................................................142.00
Project Engineer, Project Designer,Project Surveyor..........................................................................136.00
ProcessingManager.............................................................................................................................130.00
Sr.Design Engineer,Sr.Designer_........................................................................_..........................128.00
Sr.Survey Analyst.................................................................................................................................125.00
Design Engineer, Designer...................................................................................................................118.00
SurveyAnalyst......................................................................................................................................114.00
DesignTechnician.................................................................................................................................108.00
Assistant Engineer,Sr.Technician.......................................................................................................104.00
Research/Processing Coordinator .........................................................................................................98.00
Technician...............................................................................................................................................94.00
ProjectCoordinator.................................................................................................................................93.00
Jr. Engineer,Jr.Survey Analyst..............................................................................................................90,00
Jr.Technician..........................................................................................................................................83.00
Engineering/Survey Aide,Office Work....................................................................................................72.00
FIELD SURVEY
FieldCoordinator...................................................................................................................................120.00
SurveyTechnician....—............................................................................................................................92.00
ThreePerson Crew...............................................................................................................................230.00
TwoPerson Crew..................................................................................................................................198.00
OnePerson Crew.................................................................................................................................. 145.00
PLANNING SERVICES CULTURAL RESOURCES
Principal Planner.............................125.00 Project Mgr/Cultural Resources..........................125.00
Sr. Planner......................................115.00 Archaeologist/Paleontologist...............................109.00
Project Planner................................105.00 Field/Lab Supervisor.............................................94.00
Planner..............................................95.00 Field/Lab Technician III.........................................78.00
Assistant Planner,Graphic Designer 80.00 Field/Lab Technician II..........................................73.00
Planning Technician............. ............70.00 Field/Lab Technician I...........................................65.00
SPECIAL SERVICES
Consultation Re:Litigation..........................................................................................................................$376.00
MISCELLANEOUS FEES
The following services are billed at our cost plus 15%:
• Subcontracted services.
• Map check fees or filing fees advanced by us.
• Transportation,meals and lodging for overnight travel and incidental travel expenses.
• Commercial delivery services,including Federal Express,Express Mail,and Messenger Services.
• Excessive long distance telephone calls,telegrams,and other costs directly applicable to the project.
• Plotting and blueprint services and printing.(The client is encouraged to arrange for printing,other than prints or
plots onour blueprint machine and plotters,to be contracted directly with an outside blueprint company MaY
acceptable to us.)
MILEAGE................................................................................................................................................$.375/mile
NOTE:EEO obligations of Exec Order 11246 and 41 CFR Parts 60.1.4,60.250.5 and 60• are incorporated in non-exempt US
Government contracts/suboontracts. e�S
TKC Coponto IXvl,ian President `-' �L
o:vo,atv+,•n.uwxc cramuuum,w.,naN,ymw +.•m -15- —ti—,
EXHIBIT "D"
SCHEDULE OF PERFORMANCE
Task 1: Contractor shall submit a first set of final design documents upon 10 weeks following
receipt of a Notice to Proceed from City, or, upon 4 weeks following receipt of City deliverables as
identified in Task 1 of Exhibit "A".
Task 2: Contractor shall obtain plan-check comments on final design documents from the City
and/or RCFC and revise the design documents accordingly. Resubmittal of revised plans shall be
made to the City and RCFC concurrently within 2 weeks following receipt of plan-check comments
from the City and/or RCFC.
Task 3: Contractor shall complete the Sediment Transport Analysis upon 4 weeks following receipt
of a Notice to Proceed from City, or, upon 4 weeks following receipt of City deliverables as
identified in Task 1 of Exhibit "A", and shall provide concurrently with the final design documents
submitted to the City and RCFC for review and approval.
Task 4: Contractor shall complete the Palm Canyon Wash Hydraulic Calculations upon 4 weeks
following receipt of a Notice to Proceed from City, or, upon 4 weeks following receipt of City
deliverables as identified in Task 1 of Exhibit "A", and shall provide concurrently with the final
design documents submitted to the City and RCFC for review and approval.
Task 5 shall be completed as necessary during the Construction Phase as directed by the City.
3?9d.s
16
MINUTE ORDER NO.
APPROVING A CONTRACT SERVICES AGREEMENT IN
THE AMOUNT OF $70,870.00 WITH TETTEMER &
ASSOCIATES, A DIVISION OF THE KEITH COMPANIES,
INC., FOR THE PALM CANYON WASH/TAHQUITZ
CREEK FLOODWALLS, CITY PROJECT 90-06
I HEREBY CERTIFY that this Minute Order, approving a contract services agreement in
the amount of $70,870.00 with Tettemer & Associates, a division of The Keith
Companies, Inc., for the Palm Canyon Wash/Tahquitz Creek Floodwalls, City Project 90-
06, was adopted by the City Council of the City of Palm Springs, California, in a meeting
thereof held on the 16th day of June, 2004.
PATRICIA A. SANDERS
City Clerk
.� a