HomeMy WebLinkAbout03157 - TETTEMER TAHQUITZ CREEK GOLF COURSE EXPAN MO5352 0 John M. Tettemer & Assoc. Ltd
Golf course Expan
Engineering Serv.
AGREEMENT #3157
M05092, 10-7-92
CONTRACT SERVICES AGREEMENT FOR
ENGINEERING SERVICES
FOR CITY OF PALM SPRINGS 18 HOLE
GOLF COURSE EXPANSION PROJECT
THIS AGREEMENT FOR CONTRACT SERVICES (herein "Agreement") , is made
and entered into by and between the CITY OF PALM SPRINGS, (herein
"City") , a municipal corporation and JOHN M. TETTEMER & ASSOCIATES, LTD. ,
a California corporation (herein "Contractor") - 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. Contractor warrants that
all services will be performed in a competent, professional and
satisfactory manner in accordance with the standards prevalent in the
industry, and all materials will be of good quality, fit for the purpose
intended.
1. 2 Contractor's Proposal. The Scope of Services 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, sta-
tutes, 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
l methods during the life of the Agreement to furnish continuous protection
to the work, and the equipment, materials, papers, documents, plans,
studies and/or other components thereof to prevent losses or damages, and
shall be responsible for all such damages, to persons or property, until
acceptance of the work by City, except such losses or damages as may be
caused by city's own negligence.
-1-
1.7 Further Responsibilities of Partied. 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 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 five percent (5%) or less of the Contract Sum, or in the time to
perform of one hundred eighty (180) days or less 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 . l 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 TWO HUNDRED FORTY THOUSAND DOLLARS ($240, 000)
including reimbursable expenses.. Not withstanding any other provisions
of this section the CONTRACT SUM may be increased as described in Exhibit
B Special Requirements item 2 . The method of compensation may include:
(i) a. lump sum payment upon competition, (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, transportation expense, telephone
expense, premiums for bonds and insurance, and similar costs and expenses
when and 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 (Exhibit C) , 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 Force Maleure. 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 Contracting officer in writing of
the causes of the delay. The Contracting 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 Contracting Officer such delay is justified. The Contract
Officer's determination shall hie 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 one
(1) year from the date hereof, except as otherwise provided in the
Schedule of Performance.
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:
JOHN M. TETTEMER, Principal in Charge
ALAN A. SWANSON, Project ]Manager
DEREK KARIMOTO, Project Engineer
It is expressly understood that the experience, knowledge, capa-
bility 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 suf-
ficient time to personally supervise the services hereunder. For pur-
poses 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.
-3-
4 . 3 Prohibition Against Subcontracting' and 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
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.
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 contractor with 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 INSUT ANCE, INDEMNIFICATION AND BONDS
5. 1 Insurance. The Contractor shall procure and maintain, at
its sole cost and expense, in a form and content satisfactory to City,
during the entire term of this Agreement including any extension thereof,
the following policies of insurance:
(a) Comprehensive General Liability Insurance. A policy of
comprehensive general liability insurance written on a
per occurrence basis. If the contract sum is $25, 000. 00
or less, the policy of insurance shall be written in an
amount not less than either (i) a combined single limit
of $500, 000. 00 or (ii) bodily injury limits of
$250, 000. 00 per person, $500, 000. 00 per occurrence and
$500, 000 . 00 products and completed operations and prop-
erty damage limits of $100, 00. 00 per occurrence and
$100, 000. 00 in the aggregate. If the Contract Sum is
greater than $25, 000. 00 but less than or equal to
$100, 000. 00, the policy of insurance shall be in an
amount not less -than either (i) a combined single limit
of $1, 000, 000. 00 for bodily injury, death and property
damage or (ii) bodily injury limits of $500, 000. 00 per
person, $1, 000, 000. 00 per occurrence and '$1, 000, 000. 00
products and completed operations and property damage
limits of $500, 000. 00 per occurrence and $500, 000. 00 in
aggregate. If the Contract Sum is greater than
$100, 000. 00, the policy of insurance shall be in an
amount not less than $5, 000, 000. 00 combined single limit.
(b) Worker's Compensation Insurance. A policy of worker's
compensation insurance in such amount as will fully com-
ply with the laws of the State of California and which
shall indemnify, insure and provide legal defense for
both the Contractor and the City against any loss, claim
-4-
or damage arising from any injuries' or occupational dis-
eases occurring to any worker employed by or any persons
retained by the Contractor in the course of carrying out
the work or services contemplated in this Agreement.
(c) Automotive Insurance. A policy of comprehensive automo-
bile liability insurance written on a per occurrence
basis in an amount not less than either (i) bodily injury
liability limits of $250, 000. 00 per person and
$500, 000. 00 per occurrence and property damage liability
limits of $100, 000. 00 per occurrence and $250, 000. 00 in
the aggregate or (ii) combined single limit liability of
$500, 000. 00. Said policy shall include coverage for
owned, non-owned, leased and hired cars.
(d) Additional Insurance. Policies of such other insurance
including professional liability insurance, as may be
required in the Special Requirements.
All of the above policies of insurance, shall be primary insurance
and shall name the City, its officers, employees and,agents as additional
insureds. The insurer shall waive all rights of subrogation and
contribution it may have against the City, its officers, employees and
agents and their respective insurers. All of said policies of ,insurance
shall provide that said insurance may not be amended or cancelled without
providing thirty (30) days prior written notice by registered mail to the
City. In the event any of said policies of insurance are cancelled, 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 or
appropriate insurance binders evidencing the above insurance coverages
and said Certificates of Insurance 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 or the
activities of any person or persons 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 policies of insurance that the Contractor is required
to maintain pursuant to this Section 5 . 1
5.2 Indemnification. Contractor agrees to indemnify the City,
its officers, agents and employees against, and will hold and save them
and each of them harmless from, any and all actions, suits, claims,
damages to persons or property, losses, costs, penalties, obligations,
errors, omissions or liabilities, (herein "claims or liabilities") that
may be asserted or claimed by any person, firm or entity arising out of
or in connection with 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 or
omissions 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 riot 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 sole
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) Contractor will promptly pay any judgment rendered
against the City, its officers, agents or employees for
any such claims or liabilities arising out of or in con-
-5-
nection 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 there-
from;
(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 proceed-
ing, including but not limited to, legal costs and attor-
neys' fees.
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, and only if they are of a financial category Class
VII or better, unless such requirements are waived by the Risk Manager
of the City due to unique circumstances. In the event the Risk Manager
of City ("Risk 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 Risk
Manager; provided that the Contractor shall have the right to appeal a
determination of increased coverage by the Risk Manager to the City
Council of City within 10 days of receipt of notice from the Risk
Manager.
6. 0 RECORDS AND REPORTS
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.
6. 2 Records. Contractor shall keep, and require subcon-
tractors 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
-6-
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 may be necessary. Compliance with the provisions of
this Section shall be a condition precedent to termination of this
Agreement for cause and to any legal action, and such compliance shall
not be a waiver of any party's .right to take legal action in the event
that the dispute is not cured, provided that nothing herein shall limit
City's 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-
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 Damac[es. Since the determination of actual
damages for any delay in performance of this Agreement would be extremely
difficult or impractical to determine in the event of a breach of this
Agreement, the Contractor and its sureties shall be liable for and shall
pay to the City the sum of Zero Dollars ($ 0 ) as liquidated damages
for each working day of delay in the performance of any service required
hereunder, as specified in the Schedule of Performance (Exhibit "D") .
The City may withhold from any monies payable on account of services
performed by the 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.
Contractor shall be entitled to compensation for all services rendered
prior to receipt of the notice of termination and for any services
authorized by the Contract Officer thereafter in accordance with the
Schedule of Compensation (Exhibit "C") or such as may be approved by the
Contract Officer, except as provided in Section 7 . 3 . In the event of
termination without cause pursuant to this Section, the terminating party
need not provide 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 setoff 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 pro-
ceeding in any way connected with this Agreement, the prevailing party
in such action or proceeding, in addition to any other relief which may
be granted, whether legal or equitable, shall be entitled to reasonable
attorney's fees. Attorney's fees shall include attorney's fees on any
appeal, and in addition a party entitled to attorney's fees shall be
entitled to all other reasonable costs for investigating such action,
taking depositions and discovery and all other necessary costs the court
allows which are incurred in such litigation. All such fees shall be
deemed to have accrued on commencement of such action and shall be
enforceable whether or not such action is prosecuted to judgment.
-8-
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. 3 Covenant Against Discrimination. Contractor covenants
that, by and for itself, its hears, 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, con-
sent, 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 Con-
tract Officer, CITY OF PALM SPRINGS, P. O. Sox 2743 , Palm Springs, Cal-
ifornia 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 Agree-
ment. 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 invalid-
ity or unenforceability shall not effect 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 bene-
fit 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
-9-
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 pro-
visions 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.
IN WITNESS WHEREOF, the parties have executed and entered into
this Agreement as of the date stated below.
ATTEST: CITY OF PALM SPRINGS, CALIFORNIA .
City Clerk -k� ity Manager r
CONTRACTQR 04-44l �"� �WW-d WVt'
By:
Name
Title:
signed-
Dated: �✓
APPROVED AS TO FORM:
Title: -
RUTAN & TUCKER
Dated•
3/s'?
City(Attginey
EXHIBIT "A"
SCOPE OF SERVICES
The work to be performed by Contractor is identified on the attached
Scope of Work.
EXHIBIT "A" AGREEMENT
TO CONTRACT SERVICES AGREEMENT
-11-
John M. Tettemer & Associates, Ltd.
CITY OF PALM SPRINGS
MUNICIPAL GOLF COURSE EXPANSION PROJECT
SCOPE OF WORK
Task Estimated
No. Description Cost
Engineering services
1 Hydraulic modeling with iterations $ 15, 000
2 Coordinate hydraulic reviews by 1Q, 000
RCFC&WCD; incorporate comments and
obtain approvals
3 Coordinate golf course design with 10, 000
RCFC&WCD planning and design of E1
Cielo storm drain outfall
4 Prepare FEMA package and obtain 15, 000
approval
5 Prepare P, S, and E for Tahquitz cart 15, 000
crossing/stabilizers and obtain
approvals
6 Prepare P, S, and E; for miscellaneous 73 , 000
civil improvements including the club
house parking lot expansion, street
improvements at the: astern terminus of
Sonora Road, domestic water and seer
service for half-way house, equestrian
and bicycle trails, percolation pond
regarding, and revision to percolation
pond dikes due to golf course
configuration changes, and parking lot
facilities for the proposed
maintenance building at the rear of
the Palm Springs Youth Center building
(services by Advanced Engineering
Group (AEG)
SUBTOTAL: $133 , 000
-12-
Task Estimated
No. Description Cost
7 The following Engineering services may
be deleted depending upon information
which may become available during the
course of the work.
Prepare P, S and E for the following
items:
a. Block wall on south levee crest 10, 000
upstream of Gene Autry Trail to
provide freeboard.
b. Tahquitz Creek erosion protection 20, 000
c. Reclaimed water service in E1 Cielo 3 ,400
Street (services by AEG)
d. Reclaimed water service in Sonora 5, 100
street (services by AEG)
e. Sewer siphon in Tahquitz Creek 5, 100
(services by AEG)
f. Relocation of existing sanitary 13 , 300
sewers, storm sewer, and domestic
water (services by AEG)
g. Power line relocation (coordination 4, 000
activities by AEG)
h. Preparation of parcel maps for four 14, 500
.non-contiguous parcels (services by
AEG)
i. Equestrian trail. from new 4, 600
equestrian center to wash (services
by AEG)
SaH raT1�r $s o, n 0 0
TOTAL FNGINEERZNG:'`S�NVl ;:$2'13 r'oQ4.':
-13-
Task Estimated
No. Description Cost
Environmental Services
8 Revise "Palm Springs Golf Course $ 10,000
Project description and Alternatives
Analysis"
9 Prepare and submit new 404/1600/401 2 ,500
applications
10 Meet and follow-up with the resource 5, 000
agencies regarding submittal
11 Prepare new Public Notice and 2 , 000
coordinate its approval and
distribution with the Corps
12 Prepare Environmental Assessment and 5, 000
coordinate its approval and
distribution with the Corps
13 Field meeting and follow-up with the 2 , 500
resource agencies to expedite final
permit issuance
TOTAL NWfROOPMENTAI SERVICES:;; $, 27;000'
TOTAL ALL SERVICES:, $2401: 000,
-14-
EXHIBIT "B"
SPECIAL REQUIREMENTS
1. The Contractor's scope of services includes obtaining a Section
1601 Stream Bed Alteration Agreement from the California Department of
Fish and Game and a Section 404 Permit from the Corps of Engineers
(collectively "Permits") for work within the waters of the State of
California and the United States as required by this Agreement.
2 . The City shall pay directly to the regulatory agencies involved any
fees or charges imposed by it for the review and processing documents.
3 . Contractor shall also obtain a professional liability insurance policy
in an amount not less than $1, 000, 000. 00 combined single limit. The
professional liability insurance policy and the insurer shall meet the
requirements set forth in Sections 5. 1 and 5.4 with the exception of the
additional insured and waiver of subrogation requirements which are not
obtainable.
4 . With regard to section 5. 1 (a) the combined single limit requirement
of $5, 000, 000 is reduced to $1, 000, 000 for Contract sum greater than
$100, 000.
5. With regard to section 5. 1 (b) Contractor shall not be required to
name city as additional insured until January 1, 1993 .
6 . The provision of 5.3 Performance Bond is waived.
7 . With regard to section 5.4 Sufficiency of Insurer or Surety the last
sentence in the paragraph is to be changed. Delete that portion of the
sentence which follows "this Section 5 may be changed accordingly" and
substitute in its place "by formal amendment of this agreement. "
8 . With regard to section 7 . 3 Retention of Funds the section is to be
replaced in its entirety with the following:
"Contractor hereby authorizes City to deduct from any amount payable to
Contractor arising from this contract amounts for which City is found
liable to third parties by reason of Contractor's acts or omissions in
performing or failing to perform Contractor's obligations under this
agreement. 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. "
9 . The method of payment under this contract shall be in accordance with
2 . 1 (iii) and (ii) provided that the total amount paid for any task shall
not exceed the percentage of completion for that task.
10 . With regard to section 5.2 Indemnification the following wording is
to be deleted from lines 12, 13 & 14 "whether or not there is concurrent
passive or active negligence on the part of the City, its officers,
agents or employees" .
11. With regard to section 5. 2 Indemnification the following wording is
to be deleted from line 14 "arising from the sole" and replaced by "to
the extent caused by" .
12 . Contractor hereby discloses its intent to use services of Advanced
Engineering Group, Inc. as a sub-contractor.
13 . Engineering services listed in the scope of Work as items 7a through
7i will be authorized or deleted at the discretion of the City of Palm
Springs. If any of said items are deleted, the contract sum shall be
reduced by t he amount indicated in the Scope of Services.
14 . This Agreement amends and supersedes those certain Contract Services
Agreement between City and Contractor dated 1/9/91 and that certain
Contract Services Agreement between the City and Contractor dated
12/18/91.
-15-
]EXHIBIT "C"
FEE SCHEDULE
JOHN M. TETTEMER & ASSOCIATES, LTD.
B'our1V Rates
President $105. 00
Vice President, Engineering $ 92 . 00
Senior Engineer $ 86. 00
Engineer III $ 76. 00
Senior Environmental Manager $ 76. 00
Engineer II $ 65. 00
Environmental Manager $ 63 . 00
Engineer I $ 54 .00
Environmental Planner $ 54 .00
Draftsman $ 44 .00
Technician $ 44 . 00
Tech/Clerical $ 40. 00
Clerical $ 36. 00
Direct Expenses
Expenses such as special project supplies and
materials; food, lodging and transportation
for travel outside of the Southern California
area; telephone, outside reproduction;
courier/express mail; and other costs directly
applicable to the project will be charged at
cost.
Auto mileage will be charged at $0. 32 per
mile.
Computer processing time will be charged at
$19 . 00 per hour.
Normal xeroxing will be charged at $0. 06 per
page. 2510 Xerox will be charged at $0. 50 per
square foot for bored, $0. 75 per foot for vellum,
and $1.50 per square foot for mylar.
FAX transmittals will be charged at the following rates:
Page 1 $4. 00
Page 2 $3 . 00
Pages 3-15 $2 . 00 each
Pages 16-30 $1.50 each
Additional, over 30 pages $1. 00 each
-16-
ADVANCED ENGINEERING GROUP, INC.
Engineering Services
Principal Engineer $ 85/hr
Project Engineer 75/hr
Junior Engineer 57/hr
Senior Engineer 73/hr
Staff Designer 62/hr
Junior Designer .50/hr
Staff Drafter 45/hr
Junior Drafter 40/hr
Surveying Services
Principal Surveyor $ 85/hr
Chief of Parties 73/hr
Party Chief 68/hr
Senior Chairman 61/hr
Jr. Chairman 47/hr
Field Survey
3 Man Party 166/hr
2 Man Party 125/hr
Computer Services
System Operator $ 62/hr
System Technician 42/hr
Office Services and Expenses
Secretary/Clerk $ 26/hr
General Office 21/hr
Travel - $ .30 per mile
In-House Reproduction COST
Outside Printing COST Plus 151
Mailings COST
-17-
EXHIBIT "D"
The following schedule for construction of the golf course expansion
will serve as the guide for timing of the design tasks contemplated by
this contract. Design will be completed in a time frame that will
allow appropriate review, approval, permitting and bidding without
impacting the construction schedule of the golf course expansion
project.
-18-
EXHIBIT "D"
SCHEDULE OF PERFORMANCE
August 12, 1992 City Council authorization to proceed with Project .
as defined
September I - October 2, 1992 Revision by Golf Course Architect of Golf Course
Conceptual Grading Plan
September 7 - October 12, 1992 Solicit Proposals from designers for Equestrian
Center
October 21 - November 6, 1992 Develop Preliminary design for Equestrian Center
November 30, 1992 - Feb. 12, 1993 City processing of Project applications and
authorization to bid work
November 30, 1992 - Feb. 26, 1993 Develop construction drawings for Golf Course, and
Equestrian Center, and approval of designs
February 4,- February 26, 1993 Draft bid packages for major components of
construction and distribute/advertise
March 1 April 2, 1993 Bidding Period
October 5, 1992 - April 2 1993 Processing an approval of 404 Permit with Corps of
Engineer and Calif. 1601 Permit
April 7 - April 21, 1993 Award contracts for major components of work
April 26 - May 10, 1993 Begin construction
12 months from beginning of Course Expansion/Remodel Completed
Construction
EXHIBIT "D"
Date: September 4, 1992
3/c&d.d1dp.=hd -19-
• John M. Tettemer & Assoc.
1st Amend - G/C Expan Proj
FIRSP AMENDMENT TO Design Flood Control Struct
CONTRACT SERVICES AGREEMENT FOR AGREEMENT # 3157
ENGINEERING AND ENVIRONMENTAL DESIGN SER` M05232, 8-4-93
CITY OF PALM SPRINGS 18 HOLE GOLF COURSE
EXPANSION PROTECT
THIS FIRST AMENDMENT TO THE AGREEMENT FOR CONTRACT SERVICES
(herein "Agreement"), made and entered into on the 7th day of October, 1992, by and
between the CITY OF PALM SPRINGS, (herein "City" or "Owner"), a municipal corporation
and JOHN M. TETTEMER AND ASSOCIATES, LTD., a California corporation (herein
"Contractor") is hereby amended effective August 4, 1993 as follows:
1. Section 2.1 Contract Sum is hereby amended to provide a maximum contract
amount of TWO HUNDRED FIFTY SIX THOUSAND ONE HUNDRED ($256,100).
Contractor acknowledges previous payments of ONE HUNDRED SIX THOUSAND
THREE HUNDRED SEVENTYSEVEN DOLLARS AND 04/100 ($106,377.04) leaving
a balance of ONE HUNDRED F'ORTYNINE THOUSAND SEVEN HUNDRED TWENTY
TWO DOLLARS AND 96/100 ($149,722.96).
2. Exhibit "A" Scope of Work is hereby amended to read as follows:
CITY OF PALM SPRINGS
MUNICIPAL GOLF COURSE EXPANSION PROJECT
SCOPE OF WORK
TASK DIGSCRIPTION ESTIMATED
NO. COST
ENGINEERING SERVICES
1 Hydraulic modeling with iterations $ 15,000
2 Coordinate hydraulic reviews by RCFC&WCD; 16,600
perform additional hydraulic analyses to evaluate
the effects of sediment removal on the south levee
freeboard of Palm Canyon Wash as requested by
RCFC&WCD; incorporate comments and obtain
approvals
3 Coordinate golf course design with RCFCD&WCD 10,000
planning and design of El Cielo storm drain outfall
4 Prepare FEMA package and obtain approvals 15,000
5 Prepare P, S, and E for Tahquitz cart 15,000
crossings/stabilizers and obtain approvals
6 Prepare P, S, and E for miscellaneous civil 73,000
improvements including the club house parking lot
expansion, street improvements at the eastern
terminus of Sonora Road, domestic water and sewer
service for half-way house, equestrian and bicycle
trail, percolation ponds reworking, revision to
percolation pond dikes due to golf course
configuration changes, and parking lot facilities for
the proposed maintenance building at the rear of
the Palm Springs Youth Center Building(Services by
Advanced Engineering Group)
Subtotal: $139,600
TASK DESCRIPTION ESTIMATED
NO. COST
7 The following Engineering Services may be deleted
depending upon information which may become
available during the course of work.
Prepare P, S, and E for the following items:
a. Block wall on south levee crest upstream of the $ 10,000
Gene Autry Trail Bridge to provide freeboard.
b. Tahquitz Creek and Palm Canyon Wash erosion 32,600
protection; Palm Canyon Wash levee
improvements
c. Reclaimed water service in El Cielo Drive 0
(services by Advanced Engineering Group)
d. Reclaimed water service in Sonora Street 0
(services by Advanced Engineering Group)
e. Sewer Siphon in Tahquitz Creek 0
(services by Advanced Engineering Group)
f. Relocation of existing sanitary sewers, storm 13,300
sewer, and domestic water
(services by Advanced Engineering Group)
g. Power line relocation (coordination activities by 0
Advanced Engineering Group)
h. Preparation of parcel maps for four non- 14,500
contiguous parcels(services by Advanced
Engineering Group)
L Equestrian trail from new equestrian center to 4,600
wash (services by Advanced Engineering
Group)
j. Reclaimed Water Service line from El Cielo 5,000
Road to Golf Course Pump Station(private line)
k. Prepare grading plan for the conversion of 6,000
existing effluent holding basin to serve as a
percolation basin within the Wastewater
Treatment Plant
SUBTOTAL: $ 86,000
TOTAL ENGINEERING SERVICES: $225,600
TASK DESCRIPTION ESTIMATED
NO. COST
ENVIRONMENTAL SERVICES
8 Revise 'Palm Springs Golf Course Project $ 10,000
Description and Alternatives Analysis"
9 Prepare and submit new 404/1600/401 permit 2,500
applications
9a Prepare "Habitat Mitigation and Monitoring Plan" 3,500
as directed by the U.S. Army Corps of Engineers
and obtain approval
10 Meet and follow-up with resource agencies 5,000
regarding submittals
11 Prepare new Public Notice and coordinate its 2,000
approval and distribution with the Corps of
Engineers
12 Prepare Environmental Assessment and coordinate 5,000
its approval and distribution with the Corps of
Engineers
13 Field meeting and follow-up with the resource 2,500
agencies to expedite final permit issuance
TOTAL ENVIRONMENTAL SERVICES: $ 30,500
TOTAL ALL ENGINEERING AND ENVIRONMENTAL SERVICES: $256,100
5. Exhibit "D" Schedule of Performance shall be amended by advancing all dates
contained therein by 5 months, except "August 12, 1992 - City Council
authorization to proceed with Project as defined".
IN WITNESS WHEREOF, the parties have executed and entered into this Amendment as
of the date stated below.
AT-T$ST: Cl OF PALM SP IFORNLk
CI
City Clerk City Mana r
1 APPROVED AS TO FORM: CONTRACTOR:
RUTAN & TUCKER John M: Tettemer and Associates, LTD.
David J. WWshire
City Attorney
jmtpscon.aml
APPROVED BY THE COUNCIL
O
. • John M. Tettemer
2nd Amend - G%C Expan
Engr'g & Eviron Design
AGREEMENT #3157
SECOND AMENDMENT TO M05288, 12-1-93
CONTRACT SERVICES AGREEMENT FOR
ENGINEERING AND ENVIRONMENTAL DESIGN SERVICES FOR
CT1Y OF PADI SPRINGS 18 HOLE GOLF COURSE
EXPANSION PROJECT
THIS SECOND AMENDMENT TO THE AGREEMENT FOR CONTRACT SERVICES (herein
"Agreement"), made and entered into on the 7th day of October, 1992, by and between tlle
CITY OF PALM SPRINGS, (herein "City" or "Owner"), a municipal corporation andJOl-IN M.
TETI'EMER AND ASSOCIATES, LTD., a California corporation(lierein "Contractor") is hereby
amended effective December I, 1993 as follows:
1• Section 2.1 Couttacl Sum is Hereby -uncxxlcd to provide a maximum contract
amount of TWO HUNDRED SIXTY THREE THOUSAND SIX HUNDRED (E263,600).
Contractor acknowledges previous payments of ONE HUNDRED SEVENTY TWO
TI-IOUSAND EIGHT DOLLARS AND 11/100 ($172,008.11) leaving a balance of
NINETY ONE TI-IOUSAND FIVE I-IUNDREDNINETY ONE AND 89/100 (a91,591.89).
2. Exhibit "A" Scope of Work is hereby amended to read as follows:
3. Section 3 except as expressly slated here, all other provisions of the Agreement for
Contract Services shall remain in full force and effect.
CITY OF- PALM SPRINGS
MUNICIPAL GOLF COURSE I;XI1AN510N 11R0JIiCT
SC'
old; or• Wol(lc
TASK DhSCRIPTION I ESTIMATED I
NO. COST
IiNGINIiIiRING 5ERVJCIi5
M31 mo
deling odeling with iterations $ 15,000
2 Coordinate hydraulic reviews by I(GI;C&N'VCD; 16,600
perform additional hydraulic analyses to evaluate
the effects of sediment removal On the south levee
freeboard of Palm Canyon Wash as rcyucs(cd by
I(CFC&WC1); incorporate conuncnls and obtain
approvals
Coordinate golf course design with RCI'CD&WCD 10,000
planning and design of I;I 000 storm dr: in oulfall
Prepare ITMA pacl<alle and ol.rlain approvals* 22,500
5 Prepare P, 5, and 1; for 't:rhquiV Call 10,000
crossings/s(abiliza'S and obtain approvals
6 Prcpa7rc 11, 5, and E for misccllancous civil 73,000
improvemcnls including the club house parking lot
expansion, s0•cet improvemcnls ;It the eastern
terminus of Sonora Road, donreslic water and sewer
service for half-way house, equestrian and bicycle
trail, percolation ponds reworking, revision to
percolation pond dikes due to golf course
configuration Changes, and parl(ing lot facilities for
the proposed maintenance building at the rear of
16c Pahn Springs Youth Center Iluilding(Serviccs by
Advanced Engineering Group)
Subtotal: $1417,100
TASK
ESTIMATEDNO. COST
7 The following Engineering Services may be deleted
depending upon information which may become
available during the course of*work.
Prepare 11, S, and L' for the following items:
a. Block wall on south levee crest upstream Of the $ 10,000
Gene Autry •frail Bridge to provide fr'CCbOard.
b. Tahquitz Creek and Palm Can}10n Wash erosion 32,600
protection; Palm Canyon Nash levee
fmprovenl ell ts
C. Reclaimed water service in P,1 Ciclo Drive 0
(services by Advanced Engineering Group)
d. Ieclaimed water service in Sonora Street 0
(services by Advanced Engineering Group)
C. Sewer Siphon in Tahquitz Creek 0
(services by Advanced Engineering Group)
f. Relocation of existing sanitary sewers, storm 13,300
sewer, and domestic water
(services by Advanced Engineering Group)
g. Power line relocation (coordination activities by 0
Advanced Engineering Group)
h. Prcparalion Of parcel reaps for four non- I4,500
contiguous parccls(scrvices by Advanced
Engineering Group)
L Equestrian trail from new equestrian center to 4,000
wash (services by Advanced Engineering
Group)
j. Reclaimed Water Service line from El Cielo 5,000
Road to Golf Course PLIIIIp Station(privalc line)
k. Prepare grading plan for the conversion Of 6,000
existing effluent holding basin to serve as a
percolation basin within the Wastewater
Treatment Plant,
5UB'TO'TAL: $ 86,000
TOTAL ENGINEERING SERVICES: $233,100
*Task No. 4 - All P1 MA requested documentation to be submitted to PRMA fa- the CLOMR
on or before November 23, 1993.
TASK DESCRII''1'10N ESTIMA'1'L•1�
NO. COST
ENVIRONMENTAL SEItVICL's
8 Revise "Palm Springs Golf Course Project $ 10,000
Description and Alternatives Analysis„
9 Prepare and submit new 104/1600/401 permit 2,500
applications
9a Prepare "llabitat Mitigation and Monitoring flan" 3,500
as directed by the U.S. Army Corps of Engineers
and obtain approval
10 Meet and follow-up with resource a.gcncics 5,000
regarding submittals
11 Prepare new Public Notice and coordinate its 2,000
approval and distribution with the Corps of
Engineers
12 Prepare Environmental Assessment and coordinate ]' 3,600
its approval and.distribution with the Corps of
Engineers
13 Field meeting and follow-up with the resource
agencies to expedite final permit issuance
'TOTAL ENVIRONMENTAL SIiRVICES:
TO't'AI, AI,L IiNGINEI;RING AND ENVIIiONMIiN'I'AI, SERVICES:
IN WITNESS WIIL'•RL•OF, the parties have executed and entered into this Amendment as
of the date stated below.
ATTEST: CI'I ' OF PALM SPR ALIPORNIA
Cit ¢fit-k City M i alter
APPROVED AS TO FORM: CONIUACTOR:
RUTAN & TUCKER John 'I'cacmer and Associates, LTD.
�� By: � -�l-a
David J. �&Ghire
City Attorney
40WVED OY TIME CITY CO-UNC'I�
L
OF PALM
-P
Cite of Palm Springs
oAP OR..R EO`•' M
cq1/FORNkP
Department of Parks &Recreation
Administration 619-323-8265
Recreation•Special Events 619-323-8272
Parks •Golf Course 619-323-8282
Filming Permits 619-323-8286
Desert Highland Unity Center 619-323-8271
March 26, 1993
John M. Tettemer & Associates, Ltd.
P. O. Box 9846
Newport Beach, CA 92658
Dear John:
I have reviewed your attached proposal dated March 25, 1993 , regarding
adjustments and reallocations under task #7 in your current contract. I
received a recommendation from our consultant, David Schey, in his attached
memorandum dated March 26, 1993 , which recommends that your proposal be
approved and the funds for items in task #7 of your contract be reallocated
to accomodate the elimination and/or addition of the sub tasks you have
proposed. I understand that these have been necessitated by the most recent
project changes requested of you by the City. I agree with David that these
changes are necessary and are in accordance with allowable modifications
within the scope of work outlined in your current contract. As stated by
David Schey, these adjustments entail no increase in cost or schedule and
therefore, may be authorized under my authority as the assigned Contract
Officer.
Thank you for your continued cooperation in moving this project ahead
expeditiously. Please call me if you have any questions or concerns.
Sincerely, /�))
Terry L. Lortz
Superintendent of Parks and Golf Course
TLL/vbl
cc: Tom Kanarr, Finance Director
Judy Sumich, City Clerk
David Schey, Community Golf Development
Alan Denfeld, Dir. of Parks, Rec. & G. C.
Attachments
Post Office Box 2743, Palm Springs, California 92263-2743
MEMORANDUM
DATE: March 26, 1993
TO: Terry Lortz,
Superintendent of Parks and Golf Course
FROM: David Schey,
Community Golf Development
SUBJECT: Revision of Details to Item 7 of Contract with
John M. Tettemer and Associates
Within the City's contract with John M. Tettemer and Associates(JMT) for
engineering services, task 7 identified a number of items whose design may or may not
have become necessary for the golf course expansion project. Indeed, several of these
items should be deleted as being unnecessary. At the same time, during the course of
finalizing the design of the course and especially as a result of the pattern of storm water
flow from the Palm Canyon Wash during the January, 1993 storms, we have found that
it would be prudent to armor the edge of the golf course expansion that is exposed to the
waters of the Palm Canyon Wash upstream of the Gene Autry Trail bridge. In this reach,
the water tends to turn north at the end of the existing hard levee and attack the north
levee. This is not a problem since the construction of the levee adjacent to the sewage
treatment plan but the golf course expansion could be exposed to erosive flows. It is my
belief that adequate funds are available for the construction of this protection but since
it is new to the project, the cost of designing the improvements has not been provided
for.
It is my recommendation that the attached proposal from JMT be approved and
the funds for item 7 in their contract be reallocated to accommodate the elimination of
items c, d, e, and g. Item b is proposed to be increased by $12,600 to cover the design
of the increased amount of armoring and a new item, j, is proposed for the design of a
private reclaimed water line that will run from El Cielo Road across the golf course to feed
the main irrigation lake. This line will allow us to take service from the existing DWA main
in El Cielo Drive and eliminate the need to extend this main south to Sonora Road and
to construct a new main in Sonora Road from El Cielo Drive to the golf course the design
of which was the subject of items c and d of the original contract.
These adjustments reflect the current circumstances, entail expenditure of no
additional money, and should be able to be approved administratively and should not
need to be approved by the City Council. If you have any questions regarding my
recommendation or the JMT proposal, please let me know.
`%UJOHN MTETTEMEa&A5500ATES,LTD.
March 25, 1993
Mr. David Schey
Community Development, Inc.
17992 Mitchell South
Suite 240
Irvine, CA 92714
Dear David:
A meeting was held on February 10, 1993 at our office to discuss the results of the
hydraulic analyses performed for the City of Palm Springs Municipal Golf Course
Expansion project. As a result of the meeting, several adjustments to the contract
design tasks were proposed. The purpose of this letter is to describe the design
adjustments and update the current status of Task 7.
As a result of the recent series of storms, erosion damage was experienced along the
existing sand dike on the north bank on Palm Canyon Wash. To prevent this type of
damage in the future when the golf course improvements are constructed, it is
recommended that erosion control protection be installed as a part of the golf course
construction.
Side slope erosion protection will also be necessary within Tahquitz Creek upstream
of the confluence with Palm Canyon Wash. The locations of the proposed slope
protection in Palm Canyon Wash and in Tahquitz Creek are shown in our report
entitled, "Hydraulic Analysis of the Proposed Expansion of the City of Palm Springs
Golf Course," dated March 1993.
In addition to the erosion protection identified above, construction of a compacted
fill structural levee will be required on the north bank of Palm Canyon Wash east of
the Gene Autry Trail bridge. This levee will assure containment and provide the
necessary freeboard against the 100-year flood. The location of the levee is also
shown in the above referenced report. The design of the levee will require a
geotechnical investigation to provide information regarding required foundation
removals and other design parameters.
Also, as we discussed on March 4, 1993, the construction of the reclaimed water
mains in El Cielo Road and Sonora Road will be replaced by the construction of a
private main on the City's property. A connection and meter will be required at the
existing Desert Water Agency 36--inch main.
ENGINEERING MANAGEMENT PLANNING
3151 Airway Avenue,Suite Q-1 Costa Mesa,California 92626 714 434-9080 FAX 714 454-6120
r
Mr. David Schey
March 25, 1993
Page 2
It is requested that Contract Item No. 7, which identifies potentially deletable
engineering service tasks, be adjusted to provide funding for design of the proposed
erosion protection and the compacted fill levee, and for design of the private
reclaimed water line.
Specifically, Task 7b should be redescribed as "Tahquitz Creek and Palm Canyon
Wash erosion protection; Palm Canyon Wash north levee improvements," with the
estimated cost adjusted to $29,100. Task 7j should be added to reflect cost of design
of the private reclaimed water main. Tasks 7c and 7d have been adjusted to
reallocate funding for the private reclaimed water main.
Based on our previous discussions, Items 7e and 7g have been deleted. These items
have been reallocated to fund Task 7b as shown in the following tabulation. The
total budget allocation has not been affected by these requested adjustments.
Task Requested Revised
No. Description Budget Adjustment Budget
7 Prepare P, S, and E for the following
items:
a. Block wall on south levee: crest $ 10,000 $ 0 $ 10,000
upstream of the Gene Autry Trail
bridge to provide freeboard
b. Tahquitz Creek and Palm Canyon 20,000 12,600 32,600
Wash erosion protection; Palm
Canyon Wash Levee Improvements
c. Reclaimed water service in El Cielo 3,400 (3,400) 0
Street (services by AEG)
d. Reclaimed water service in Sonora 5,100 (5,100) 0
Street (services by AEG)
e. Sewer siphon in Tahquitz Creek 5,100 (5,100) 0
(services by AEG)
f. Relocation of existing sanitary sewers, 13,300 0 13,300
storm sewer, and domestic water
(services by AEG)
g. Power line relocation (coordination 4,000 (4,000) 0
activities by AEG)
h. Preparation of parcel maps for four 14,500 0 14,500
non-contiguous parcels (services by
AEG)
Mr. David Schey
March 25, 1993
Page 3
Task Requested Revised
No. Description Budget Adjustment Budget
i. Equestrian trail from new equestrian 4,600 0 4,600
center to wash (services by AEG)
j. Reclaimed Water Service from El 0 5,000 5,000
Cielo Road to Golf Course Pump
Station (private line)
SUBTOTALi $ 80,000 $ $80,4oC1
TOTAL ENQINEERII�G'SERVICES 13,000 ' $ .' 0 ':$213;000,
Note: The cost of a geotechnical investigation for construction of the compacted fill structural
levee is not included in this table.
We are available to review this request in detail with you at your convenience. Please
call me should you have any questions.
Sincerely,
GAG
Alan A. Swanson
Vice President, Engineering
AAS175:mdg
John M. Tettemer & Assoc. Ltd
Third Amend - G/C Expan
Engr'g & Environ Design
AGREEMENT #3157
M05352, 5-4-94
THIRD AMENDMENT TO
ENGINEERING AND ENVIRONMENTAL DESIGN SERVICES FOR
CITY OF PALM SPRINGS 18—HOLE GOLF COURSE
EXPANSION PROJECT
THIS THIRD AMENDMENT TO THE AGREEMENT FOR CONTRACT SERVICES (herein
"Agreement") , made and entered into on the 7th day of October,
1992 , by and between the CITY OF PALM SPRINGS, (herein "City" or
"Owner") , a municipal corporation and JOHN M. TETTEMER AND
ASSOCIATES, LTD. , a California corporation (herein !'Contractor") is
hereby amended effective May 4, 1994 as follows:
1. section 2 . 1 Contract Sum is hereby amended to provide a
maximum„cont7;act._ amount of Three Hundred and Twenty-Seven
Thousand, Three Hundred Dollars ($327, 300) .
2 . Exhibit "A" Scope of Work is hereby amended to read as
follows:
3 . section 3 except as expressly stated here, all other
provisions of the Agreement for Contract services shall remain
in full force and effect.
CITY OF PALM SPRINGS
MUNICIPAL GOLF COURSE EXPANSION PROJECT
SCOPE OF WORK
- '1'AS1C I�IiSCltll''1'tUN I li5'1'IMA7'lil�
NO. COST
IiNGINlilil(lNG SJNWICIsS
l flydr;tulic Inodc:liul; with iterations rS 75,OU(1
2 Cuordhuitc hydraulic rcvlccvs by ItGI'C&X'VCI); 16,600
pCI•fuI•m :Iddill0na1 hydraulic to Cvalu;Ite
the Cflhcls of sediment rCnurval on the south levee
freeboard of Patel Canyon,1C41sb as requcsled by
AC1'Gk1VC1); Incorporate comments and obtain
;Ipprovnls
3 Coordblale golf course desltln wilb ACYO)L'4WO) 10,000
pl:mning :Ind dC51g11 of lil C100 slurm clr;Iin oulfell
4 i'rcparc I'EA1A pacic;Igc and ubt;Iin approv:ds * 22,500
5 111-cp:u•e 1', 5, ;uid 1; for 'I'ahquiV, C;u•t 1U 0U(1
cros5ings/sWbill4crs Mid obtain a1 1)rovals
6 1'rcp:(rc 11, 5, and 1; for miscCllMICous Civil 73,000
Inyn'ovemenls including the club house p:u-lcing lut
Cxp:uision, 5(rccl improvements ;It the Caslcro
terminus of Sonora (toad, domCstic water and sewer
5erVICe 1'01' half-way house, Cquestri;m and bicycle
trail, pulrcolalion ponds I-Cwoddng, revision to
percolation pond dikes due to I;ull' course
Cunfigw•:11ion changuso ;Ind p;u•Idng lot Glcililic5 Jul-
(lie propusCd Ilia rice building at Ibc rew. of
the Palm Springs youth Ccntct' lluilding(Scvvicc:; by
Advanced 1;111;inccr•ing Group)
Subtotal: SJ.47,100
AMML
TASK DESCAIPT•ION - 1;5T IMAT'El)
NO. COST
7 'I'hc following I;n,ginceling Sel-viccs may be deleted
dcpcncling upon information which may become
available during; the course of work.
Prepare P, S, and I; for (hc foilowirnll heats,
a. )flock wall on south levee crest upsu,cam of the >S 10,000
Gene Autry Trail 0rfdge to provide freeboard.
b. TahqufU, CYCCI( and Palm Canyon wash cros1011 32,600
protection; Palm Canyon Nash levee
hnprOVClnCnls
C. Acclainned water service ill lit CHU Drive 0
(services by Advanced ling;incering; Group)
d. lteclaimccl water service in Sonora 5LI'CCL 0
(services by Advanced Engince•ing Group)
C. 5CWel' Siphon in Tahquitz Crccic 0
(services by Advanced Millinecrfng Group)
f. 1(cloc:tion of existing sanitary sewers, storm 13,30U
scwcr, and domestic water
(services by Adv:uncccl Nnginccring Group)
g. Power Ifnc relocation (coordination activities by 0
Advanced linginecring Group)
h. Preparalon of parcel reaps for four non- 14,500
contiguous parcels(serviccs by Advanced
Engineering Group)
1. Equestriall trail from new equestrian Centel- to 4,6o0
wash (services by Advanced linginecring
G rou p)
J. Reclaimed wafer Service line from l t CHO 5,U0o
Road to Golf Course I'ump S(3lion(privaIC IinC)
k. Prepare gradirig plan for the conversion of 6,000
existing effluent holding, basin to serve as a
percolation basin within the m/amewater
I'I'C:tlmCnf Plant
SUBTOTAL $ 86,000
T'O'I'AI, ENGINEERING 5El(VICES: $233,100
*'Task No. A - All FEMA requested documen(ation to be submitted to PLMA for the CLOMR
on or before November 23, 1993,
TASK 1)I35C1(II'T'1ON Fr,
'ITh4A'I'I;1)
NO. COST
ENVII(ONNMN'I'AI, 51iItVICGS
Il Revise "Palm Springs Golf Course Project 10,000
Description and Alternatives Analysis"
9 Prepare and submit new 404/I.000/40I permit: 2,500
applications
9a 1'ecparc "1Tabilat Mitigation and Monitoring flan" 3,500
its dfrccled by the U.S. Army Corps of linginccrs
and obtain approval
10 MCCL and follow-up wi(b resource agencies 5,000
regarding submiLtals
11 Prepare new Public Notice and coordinate its l,000
approval and disu•ibutlon with the Corps of
linginccrs '
12 1'rcpare EnvE'0111nennal Assessanent and cobtdhlate 5,000
Its approval and.distrihution with the COrpS of
Enginceas
13 Field Meeting and follow-up with the resource 2,506
agencies to expedite final permit issuance
'1'O'1'�11,. ENVIHt]NMIiN'i'AI. SIa1tVEC;li5: � 30,500
TASK DESCRIPTION ESTIMATED
NO. COST
14 . Prepare studies, make submittals, $ 34 , 000
and coordinate study estimates with
FEMA as required to provide
additional data related to the CLOMR
approval (see FEMA letter to the
City dated Feb. 10, 1994) . Specific '
studies , submittals , and
coordination activities are as
follows:
a. Prepare and submit detailed
certification forms based on
completed project 2 , 000
b. Prepare and submit as-built
plans (aerial topography to be
provided by the City) .
Activities required will be the
following:
* Revise hydraulic model
* Process hydraulic model
to confirm Base Flood
Elevations (BFEs)
* Revise erosion control
plans as required
* Submit supporting
hydraulic computations
for as-built condition 6, 000
c. Prepare Operation and
Maintenance Plan per paragraphs
65. 10 (c) 1/3 cd) of the NFIP
regulations for Palm Canyon
Wash North and south levees.
Coordinate plan preparation
with RCFC&WCD 3 , 000
d. Prepare and submit Sediment
Transport Analysis for Tahquitz
Creek and Palm Canyon Wash for
ass-built conditions and
resubmit (Channelization Form"
for both drainage courses. The
sediment transport analysis
will Lie performed by Daryl
Simons as a subconsultant to
JMTA. 23 , 000
TASK DESCRIPTION ESTIMATED
NO. COST
15 . Revise Erosion Control Plans to $10, 000
incorporate changes required due to
RCFC&WCD Storm Drain Line 20.
Specific work activities are as
follows:
* Coordinate activities with the
City of Palm Springs and
Sanborn Webb, Inc. ;
* Attend a total of three
coordination meetings with
RCFC&WCD and Ted Robinson;
* Design alternative outlet
channel;
* Revise golf cart alignment and
low-flow crossing details;
* Design nuisance flow drain with
cleanout:s;
* Revise storm drain easement;
* Revise quantities and
Engineer's Estimate;
* Revise general specifications;
and
* Adjust golf course grading to
reflect nuisance flow outlet ,
and realigned golf holes; and
* Modify erosion protection for
revised golf course grading to
reflect new storm drain Line
20. (Completed)
16. Coordinate with RCFC&WCD for review $2 , 500
and approval of the floodwall
drawings on the south levee of Palm
Canyon Wash.
17 . Assist the City of Palm Springs in $8 , 000
negotiating agreements with the
RCFC&WCD as follows:
* Cost sharing agreement for
construction of the Palm Canyon
Wash floodwall; 4 , 000
* Maintenance Agreement for the
outlet of Storm Drain Line No.
20; and 2 , 000
* Encroachment Agreement for golf
course construction within
RCFC&WCD right-of-way adjacent
to the north levee of Palm
Canyon Wash. 2, 000
18 . Assist the City of Palm Springs with $4 , 20Q
issues relating to the Corps Section
404 No. 92-358-RS and the CDFG
Section 1601 Streambed Alteration
Agreement No . 5 - 271 - 92 .
Specifically, the following work has
been completed or is expected to be
completed within the next six
months:
TASK DESCRIPTION ESTIMATED
NO.
COST
a. Coordinate with the Corps and
the City, regarding the issuance
of a performance bond for the
project pursuant to the Section
404 Permit condition;
(Completed) 600
b. Coordinate with the Corps and
RCFC&WCD regarding the proposed
excavation of fill material
from Palm Canyon Wash upstream
of Araby Drive; and (Completed) 2 , 400
C. Assist with additional issues
which may arise relating to the
Corps Section 404 Permit and
the CDFG Section 1601 Agreement
for the project. This includes
an extension of the 1600 Agree-
ment which will be required if
the project is not completed by
August 31, 1994 . 1, 200
19 . Assist the City of Palm Springs in $5,000
responding to issues which may arise
during construction of the erosion
control facilities
TOTAL ADDITIONAL ENGINEERING SERVICES: $ 63,700
TOTAL ALL ENGINEERING AND ENVIRONMENTAL SERVICES: $327, 300
IN WITNESS WHEREOF, the parties have excuted�n- entered into this
Amendment as of the date stated belgy
ATTEST: CITY O� Sp
G /CALIFORNIA
City Clerk City Man er
APPROVED AS TO FORM: CONTRACTOR:
RUTAN & TUCKER John . Tettemer & Associates, LTD.
David J. eshire
City Atto ey
APPROVEL)) BY THE rqW CUUNCIL