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05252 - SPEER CIVIL PROFESSIONAL ENGR SERVICES
DOCUMENT TRACKING Page: 1 Report: soon to Expire Documents Listing November 1,2006 Condition: Expire Within 90 days,ALL Groups,ALL Services,ALL XREFs Document# Company Grouo Service A13tvi Date Expire Date Close Date A0009 SCE AIRPORT LEASE AGREEMENT 0326/1957 11I302006 A0437C John Wessmari COMMUNITY & Lease Agreement 12/19/2001 12101/2005 A2380 County Of Riverside CITY MANAGER Lease Agreement 07/0111986 12/3112006 A2535 Time Warner Cable CITY MANAGER Incomplete/Missing 02/19/1988 12/31/2006 A2702 Time Warner Cable INFOSERVICES In File 04/2111999 12/3112006 A3469 Palmer Golf Management Co. PARKS& RECREATION In File 01/04/1995 12/31/2006 A4411 Partnership For The Performing .. CITY MANAGER In File 10/03/2001 12/01/2008 A4800 Ashbury Environmental, Inc. In File 11/1912003 1110112006 A4801 City of Desert Hot Springs POLICE DEPARTMENT In File 1111912003 11/01/2006 A4941 Impact General, Inc. In File 12/15/2004 1210112OCCD A5127 Wasatch Energy LLC PROCUREMENT In File 07/05/2005 11(30/2006 A5136 Pacific Municipal Consultants PLANNING In File 07/20/2005 12/12/2006 A5191 62112rd Kng&Associates CITY MANAGER In File 11/18/2005 11/17/2005 A5193 Gigi Kramer PROCUREMENT In File 11/192005 11118/2006 A5207 Jeffrey Fowler PUBLIC ARTS In File 12/13/2005 1210212006 A52 Michael McCabe POLICE DEPARTMENT In In File 12/3112006 r/ q 212 Yeager Skanska Inc ENGINEERING In File 01/0412006 01/07/2007 A5213 Terra Nova Planning &Research Inc PLANNING In File 01/04/2006 01/03/2007 A5220 Oasi Group LLC COMMUNITY &... In File 01/18/2006 01/1712007 / rJ zA5252 ,, ` Speer Civil ENGINEERING In File 04/05/2006 111302006 11 v LV t1C� Stanley, Lee K. AIRPORT In File 07/052006 11/11/2006 A5312 �` Hogle-Ireland, Inc. PLANNING In File 07/14/2005 01/1412007 A5313 Alcorn Fence ENGINEERING In File 07/17/2005 12/31/2006 ?( r( A5330 ` Endo Engineering ENGINEERING In File 09/062006 11/052006 a A) * * * ** * ENDOEREPORT ' " i AMENDMENT NO. 2 TO PROFESSIONAL SERVICES AGREEMENT NO. 5252 WITH SPEER CIVIL PROFESSIONAL ENGINEERING SERVICES The following articles of Agreement No. 5252 are hereby amended as follows. SECTION 3.1 Compensation of Firm. For the services rendered pursuant to this Agreement, Firm shall be compensated and reimbursed in accordance with the terms set forth in Scope of Work, in an amount not to exceed $113,264. SECTION 4.4 Term, Unless earlier terminated in accordance with Section 8.5 of this Agreement, this Agreement shall continue in full force and effect until June 30, 2007, unless extended by mutual written agreement of the parties. SCOPE OF SERVICES (Exhibit "A") - Exhibit "A" from Agreement No. 5252 shall be revised as indicated on the attached Exhibit "A", and the total compensation shall not exceed $113,264. Purchase Order Number(s): Agreement Number. 5252 Original Minute Order Number: 7838 City Council Approval: April 5, 2006 Original Contract Amount: $ 35,000 Amendment No. 1 Increase: $ 39,000 Amount of Increase: $ 39,264 Amended Total: $ 113,264 Account Number(s): 001-4171-43200 SIGNATURES ON NEXT PAGE AND/On'. AGE EEMZN-T Exhibit"A" Scope of Services-Speer Civil Provide a California Registered Civil Engineer, Steve Speer (Consultant), to work on an "on-call" basis, Monday through Friday at City Hall, for a minimum of two (2) hours on any given work day up to a maximum of 24 hours per week. Services to include staff services in development review and conditioning, capital project design and administration. Work to include coordinating the Capital Improvement Program, completing PS&E, putting projects out to bid and other staff duties as assigned. City to provide office space, general office supplies and computer access. Service to be provided at hourly rate of $96 per hour. There shall be no mileage charges as Consultant will not be required to travel more than 200 miles from Palm Springs. There shall be no mark up on reimbursable expenses. City to provide mailing, copies and other traditionally reimbursable expenses, so in no case will Consultant's reimbursements exceed $500 per month. Total compensation shall not exceed the amended contract total of$113,264. Speer Civil -- Professional Engineering Services Amendment No. 2 Page 2 ATTE - CITY OF PALM SPRINGS, a pal corporation City Clerk City Manager 1° CONTRACTOR: SPEER CIVIL APPROVED BY CITY COUNCIL Mailing Address: 50855 Washington Street, Suite C-280, La Quinta, CA 92253 LI n r CONTRACT R: Check one:X Individual—Partnership_Corporation By: LD By. Signature (notan d Signature(notarized) Name_, 6 YKh/ � "����IZ Name: Title, r R_I_N4I_PAL_ Title: (This Agreement must be signed in the above space by one of This AgrccmcnL must be sign Lhc above space by one of the following Chairman orihe Board.Presidienl or any Vice the following: Secretary,Chi Financial Of-Ficer or any president) Assisiant"I"reasurer) Slatc of Ca i_1�ornt o_ Stato of I Counllyof Iss County of On IVL'�E4`Cy .Y- lln r�,(v�GtO before me, Oil hcfure me, �_�LL\.�.__ porsonally appeared _31�tIPn „�l7PC' f pct5onally a catcd personally known to mu (�x--pro`«I-w-aa�pn-�U vey-v1=s�Cigl'aeieey pctson:dly lul ❑ N ins(Ur proved to me on lhu bmis of sdtufactory Uwdauc) to be die person(+.) whose nwne(+) is/are subwrihcd to the cvidcncc) t be the pnson(s) whose nyme(s) is/are subscribed to the within in5aumenl and aclaiowledged tome dial he/1Ju' y osccuted within ins umcnt and a'k owedged to ale That hc/sheldicy executed the game ,n his/herkheir audroiimcd eapacay(ice), and drat by die s m hCs/her/their audiorimcci capacity(m), and that by his<Ixr/diev 5i3nature(tc) on the instrument the pctson(�,of die entity his/hor! wir signawm(s) on die insmimem the per5on(5). or the cildry upon behalf of which the person(x}actcd,usecuted die m5trunient upon chaff of which die person(s)acted,e�eculed the m9trummL WLTNFSS my hand J 7 and �.ol�'r illl seal IVESS my hand and official seal. L Notary Signature: LipQUVL0_ Notary Signature, Notary Seal Notary Seal. CARRIE Ill ir %1MVCWM.ExPke6MCff26.201 GommWkxt N 1616383 NMary Pu411c-Co=21'. Rivinlele County , 4 � 7M4 AMENDMENT NO`1 TO PROFESSIONAL SERVICES AGREEMENT NO. 5252 WITH SPEER CIVIL PROFESSIONAL ENGINEERING SERVICES The following articles of Agreement No. 5252 are hereby amended as follows: SECTION 3.1 Compensation of Firm. For the services rendered pursuant to this Agreement, Firm shall be compensated and reimbursed in accordance with the terms set forth in Scope of Work, in an amount not to exceed $74,000. SECTION 4.4 Term, Unless earlier terminated in accordance with Section 8.5 of this Agreement, this Agreement shall continue in full force and effect for a period of 24 weeks, commencing on June 5, 2006, and ending on November 30, 2006, unless extended by mutual written agreement of the parties. SCOPE OF SERVICES (Exhibit °A") - Exhibit "A: from Agreement No. 5252 shall remain in full force and effect except that the total compensation shall not exceed $74,000. Purchase Order Number(s): Agreement Number: 5252 Original Minute Order Number: 7838 City Manager Approval: April 5, 2006 Original Contract Amount: $ 35,000 Amount of Increase: $ 39,000 Amended Total: $ 74,000 Account Number(s): 001-4171-43200 $ 27,096 134-4498-50225-$ 8,256 133-4298-50204-$ 3,648 SIGNATURES ON NEXT PAGE Speer Civil Professional Engineering Services Amendment No. 1 Page 2 ATTEST- - CITY OF PALM SPRINGS, a municipal corporation City Clerk City Manager' G CONTRACTOR' SPEER CIVIL APPROVED BY C7 COUNCIL C a ,21 Z( 10 2= 140 -78T9 Mailing Address: 50855 Washington Street, , Suite C-280, La Quinta, CA 92253 A SzSz CONTRACT R: Check one: 'X Individual—Partnership"Corporation By By: Sig re to 'zeCd) Signature(notarized) fVame'._��- Name, Title:ER I N L 10,A)^ Title, (This Agreement must be signed in the above space by one of This Agreemem must be signed in the above space by one of the following-Chairman of the Board,President or any Vice the following:Secretary,Chief Financial Officer or any President)) (� Assistant Treasurer) Stateof State of I County of tl�Q�_t_ e.._. Iss County of Iss On td� aDLXP before me, On before me, ( 20 Nl 0.N olalt_c personally appeared _\IP.In D. Oee� personally appeared personally known to me(fah u.9iwatf-eatis€aap I personally known to me(or proved to me on the basis of satisfactory evidanec)to be the person(o whose name( is/aw subscribed to the evidence) to be the person(s)whose name(5) is/am subscribed to the within instmmear and acknowledged to me that heleheflhey executed within instrument and acknowledged to me that he/she/they executed the same to his/harklwiF authorized capaciry(ies} and That by the same in his/her/Their authorized capacity(ics), and that by htslhorkkci+sinnamrc*on the instrument the person(sy,or the entity his/her/their signature(s)on the instrument the person(s),or the entity upon behalf of which the pcnon(_,}%ctcd,executed the instrument, upon behalf of which the person(s)acted,executed the instrument. WITNESS my hand and official seal. WITNESS my hand and official seal. Notary Signature: V Notary Sigtature:�, Notary Seal: Notary Seal: 1!E CortmWlan•16N683 NOW„y t,t6llc.CdllanlC NH�nme County pgtCorrm.E><pil�sMpr 26,201 .. y �IGDik3PA1 "Y �,r�'.,r �32af�+ a n�nar:nc� � T �;f��0� 3C�W;sru"d "' i;:S.+sS��:�a�xt.+ctmplyfy�� .. Speer Civil Professional Engr. Svcs. AGREEMENT #5252 PROFESSIONAL SERVICES AGREEMEN' MO_7838, 4-5-06 - THIS AGREEMENT O�PROFESSIONAL SERVICES ("Agreement') is made and entered into thiS2 day of� 006, by and between the City of Palm Springs, a California charter city ("City"), and Speer Civil, a sole proprietorship ("Firm"). RECITALS A. City requires the services of a firm for professional engineering services ("Project'). B. Firm has submitted to City a proposal to provide professional engineering services pursuant to the terms of this Agreement. C. Based on its experience and reputation, Firm is qualified to provide the necessary services for the Project and desires to provide such services. D. City desires to retain the services of Firm for the Project. NOW, THEREFORE, in consideration of the promises and mutual agreements contained herein, City agrees to employ and does hereby employ Firm and Firm agrees to provide professional services as follows: AGREEMENT 1. PROFESSIONAL SERVICES 1.1 Scope of Services. In compliance with all terms and conditions of this Agreement, Firm shall provide professional engineering staff services as described in the Scope of Services attached to this Agreement as Exhibit "A." Firm warrants that all services shall be performed in a competent, professional, and satisfactory manner in accordance with all standards prevalent in the industry. In the event of any inconsistency between the terms contained in the Scope of Work and the terms set forth in the main body of this Agreement, the terms set forth in the main body of this Agreement shall govern. 1.2 Compliance with Law. All services rendered under this Agreement shall be provided in accordance with all laws, ordinances, resolutions, statutes, rules, and regulations of City and any federal, state or local governmental agency of competent jurisdiction. 1.3 Licenses and Permits. Firm 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. 1.4 Familiarity with Work. By executing this Agreement, Firm warrants that Firm has carefully considered how the work should be performed and fully understands the facilities, difficulties, and restrictions attending performance of the worth; under this Agreement. 1 (DRU GAG=9AL E4 i 2. TIME FOR COMPLETION The time for completion of the services to be performed by Firm is an essential condition of this Agreement. Firm shall prosecute regularly and diligently the work of this Agreement according to the agreed upon schedule set forth in Section 4.2. Firm shall not be accountable for delays in the progress of its work caused by any condition beyond its control and without the fault or negligence of Firm. Delays shall not entitle Firm to any additional compensation regardless of the party responsible for the delay. 3. COMPENSATION OF FIRM 3.1 Compensation of Firm. For the services rendered pursuant to this Agreement, Firm shall be compensated and reimbursed, in accordance with the terms set forth in the Scope of Work, in an amount not to exceed $35,000.00. 3.2 Method of Payment. In any month in which Firm wishes to receive payment, Firm shall no later than the first working day of such month, submit to City in the form approved by City's Director of Finance, an invoice for services rendered prior to the date of the invoice. Payments shall be based on the hourly rates as set forth in Exhibit A for authorized services performed. City shall pay Firm for all expenses stated thereon which are approved by City consistent with this Agreement, within thirty (30) days of receipt of Firm's invoice. 3.3 Changes. In the event any change or changes in the work is requested by City, the parties hereto shall execute an addendum to this Agreement, setting forth with particularity all terms of such addendum, including, but not limited to, any additional fees. Addenda may be entered into: A. To provide for revisions or modifications to documents or other work product or work when documents or other work product or work is required by the enactment or revision of law subsequent to the preparation of any documents, other work product or work; B. To provide for additional services not included in this Agreement or not customarily furnished in accordance with generally accepted practice in Firm's profession. 3.4 Appropriations. This Agreement is subject to and contingent upon funds being appropriated therefore by the City Council of City for each fiscal year covered by the Agreement. If such appropriations are not made, this Agreement shall automatically terminate without penalty to City. 4. PERFORMANCE SCHEDULE 4.1 Time of Essence. Time is of the essence in the performance of this Agreement. 2 4.2 Schedule of Performance. All services rendered pursuant to this Agreement shall be performed within the time periods mutually agreed to by the parties. The extension of any time period must be approved in writing by the Contract Officer. 4.3 Force Maieure. The time for performance of services to be rendered pursuant to this Agreement may be extended because of any delays due to unforeseeable causes beyond the control and without the fault or negligence of the Firm, including, but not restricted to, acts of God or of a public enemy, acts of the government, fires, earthquakes, floods, epidemic, quarantine restrictions, riots, strikes, freight embargoes, and unusually severe weather if the Firm shall within ten (10) days of the commencement of such condition notify the Contract Officer who shall thereupon ascertain the facts and the extent of any necessary delay, and extend the time for performing the services for the period of the enforced delay when and if in the Contract Officer's judgment such delay is justified, and the Contract Officer's determination shall be final and conclusive upon the parties to this Agreement. 4.4 Term. Unless earlier terminated in accordance with Section 8.5 of this Agreement, this Agreement shall continue in full force and effect for a period of eleven (11) weeks, commencing on April 10, 2006 and ending on June 30, 2006, unless extended by mutual written agreement of the parties. 5. COORDINATION OF WORK 5.1 Representative of Firm. The following principal of the Firm is hereby designated as being the principal and representative of Firm authorized to act in its behalf with respect to the work specified herein and make all decisions in connection therewith: Steve Speer, Principal. It is expressly understood that the experience, knowledge, capability and reputation of the foregoing principal is a substantial inducement for City to enter into this Agreement. Therefore, the foregoing principal shall be responsible during the term of this Agreement for directing all activities of Firm and devoting sufficient time to personally supervise the services hereunder. The foregoing principal may not be changed by Firm without the express written approval of City. 5.2 Contract Officer. The Contract Officer shall be David Barakian, Public Works Director, or his designee. It shall be the Firm's responsibility to keep the Contract Officer fully informed of the progress of the performance of the services and Firm shall refer any decisions that 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. 3 5.3 Prohibition Aaainst Subcontracting or Assignment. The experience, knowledge, capability, and reputation of Firm, its principals and employees, were a substantial inducement for City to enter into this Agreement. Therefore, Firm shall not contract with any other entity to perform in whole or in part the services required hereunder without the express written approval of City, In addition, neither this Agreement nor any interest herein may be assigned or transferred, voluntarily or by operation of law, without the prior written approval of City. 5.4 Independent Contractor. Neither City nor any of its employees shall have any control over the manner, rnode or means by which Firm, its agents or employees, perform the services required herein, except as otherwise set forth herein. Firm shall perform all services required herein as an independent Firm 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. Firm 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. 6. INSURANCE AND INDEMNIFICATION 6.1 Insurance. Firm shall procure and maintain, at its cost, and submit concurrently with its execution of this Agreement, public liability and property damage insurance against all claims for injuries against persons or damages to property resulting from Firm's performance under this Agreement. Firm shall also carry workers' compensation insurance in accordance with California worker's compensation laws. Such insurance shall be kept in effect during the term of this Agreement and shall not be cancelable without thirty (30) days written notice to City of any proposed cancellation. City's certificate evidencing the foregoing and designating City as an additional named insured shall be delivered to and approved by City prior to commencement of the services hereunder. 'The procuring of such insurance and the delivery of policies or certificates evidencing the same shall not be construed as a limitation of Firm's obligation to indemnify City, its Firms, officers and employees. The amount of insurance required hereunder shall include: A. Comprehensive general liability and personal injury with limits of at least one million dollars ($1,000,000.00) combined single limit coverage per occurrence; B. Automobile liability insurance with limits of at least five hundred thousand dollars ($500,000.00) per occurrence; and D. Professional liability coverage with limits of at least five hundred thousand dollars ($500,000.00) per occurrence. Coverage shall be provided by insurers admitted in California with an A.M. Best's Key Rating of at least A-. If Firm provides claims made professional liability insurance, Firm shall also agree in writing either (1) to purchase tail insurance in the amount required by this Agreement to cover claims made within three years of the completion of Firm's services under this Agreement, or (2) to maintain professional liability insurance coverage with the same carrier in the amount required by this Agreement for at least three years after completion of Firm's services under this Agreement. The Firm shall also be required to provide evidence to City of the purchase of the required tail insurance or continuation of the professional liability policy. 4 6.2 Indemnification. To the maximum extent allowed under law, the Firm shall defend, indemnify and hold harmless City, its officers and employees, from and against any and all actions, suits, proceedings, claims, demands, losses, costs, and expenses, including legal costs and attorneys' fees, for injury to or death of person or persons, for damage to property, including properly owned by City, and for errors and omissions committed by Firm, its officers, employees and agents, arising out of or related to Firm's performance under this Agreement. 7. RECORDS AND REPORTS 7.1 Reports. Firm shall periodically prepare and submit to the Contract Officer such reports concerning the performance of the services inquired by this Agreement as the Contract Officer shall require. 7.2 Records. Firm shall keep such books and records as shall be necessary to properly 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 reasonable times, including the right to inspect, copy, audit and make records and transcripts from such records. 7.3 Ownership of Documents. All drawings, specifications, reports, records, documents and other materials prepared by Firm 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 Firm shall have no claim for further employment or additional compensation as a result of the exercise by City of its full rights or ownership of the documents and materials hereunder. Firm may retain copies of such documents for its own use. Firm shall have an unrestricted right to use the concepts embodied therein. 7.4 Release of Documents. All drawings, specifications, reports, records, documents and other materials prepared by Firm in the performance of services under this Agreement shall not be released publicly without the prior written approval of the Contract Officer. 8. ENFORCEMENT OF AGREEMENT 8.1 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 Firm covenants and agrees to submit to the personal jurisdiction of such court in the event of such action. 5 8.2 Waiver. No delay or omission in the exercise of any right or remedy of a non-defaulting party on any default shall impair such right or remedy or be construed as a waiver. No consent or approval of City shall be deemed to waiver or render unnecessary City's consent to or approval of any subsequent act of Firm. 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. 8.3 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 elther 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. 8.4 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 injunctive relief, a declaratory judgment, or any other remedy consistent with the purposes of this Agreement. 8.5 Termination Prior to Expiration of Term. City reserves the right to terminate this Agreement at any time, with or without cause, upon thirty (30) days written notice to Firm, except that where termination is due to the fault of the Firm and constitutes an immediate danger to health, safety and general welfare, the period of notice shall be such shorter time as may be appropriate. Upon receipt of the notice of termination, Firm shall immediately cease all services hereunder except such as may be specifically approved by the Contract Officer. Firm 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. Firm may terminate this Agreement, with or without cause, upon thirty (30) days written notice to City. 8.6 Termination for Default of Firm. If termination is due to the failure of the Firm to fulfill its obligations under this Agreement, City may take over the work and prosecute the same to completion by contract or otherwise, and the Firm shall be liable to the extent that the total cost for completion of the services required hereunder exceeds the compensation herein stipulated, provided that City shall use reasonable efforts to mitigate damages, and City may withhold any payments to the Firm for the purpose of set-off or partial payment of the amounts owed to City. 6 9. City OFFICERS AND EMPLOYEES: NON-DISCRIMINATION 9.1 Non-Liability of City Officers and Employees. No officer or employee of City shall be personally liable to the Firm, or any successor-in-interest, in the event of any default or breach by City or for any amount which may become due to the Firm or its successor, or for breach of any obligation of the terms of this Agreement. 9.2 Covenant Against Discrimination. Firm covenants that, by and for itself, its heirs, executors, assigns, and all persons claiming under or through them, that there shall be no discrimination or segregation in the performance of or in connection with this Agreement regarding any person or group of persons on account of race, color, creed, religion, sex, marital status, national origin, or ancestry. 10. MISCELLANEOUS PROVISIONS 10.1 Notice. Any notice, demand, request, 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 pre-paid, first-class mail to the address set forth below. Either party may change its address by notifying the other party of the change of address in writing. Notice shall be deemed communicated forty-eight (48) hours from the time of mailing if mailed as provided in this Section. To City: City of Palm Springs Attention: Public Works Director 3200 E. Tahquitz Canyon Way Palm Springs, CA 92263 Speer Civil Attention Steve Speer 50855 Washington Street, Suite C-280 La Quinta, CA 92253 10.2 Integrated Agreement. This Agreement contains all of the agreements of the parties and cannot be amended or modified except by written agreement. 10.3 Amendment. This Agreement may be amended at any time by the mutual consent of the parties by an instrument in writing. 7 10.4 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 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 shall be interpreted to carry out the intent of the parties hereunder. 10.5 Authority. The persons executing this Agreement on behalf of the parties hereto warrant that they are duly authorized to execute this Agreement on behalf of said parties and that by so executing this Agreement the parties hereto are formally bound to the provisions of this Agreement. IN WITNESS WHEREOF, the parties have executed this Agreement as of the dates stated below. "City" City OF PALM SPRINGS Date By: APPROVD,A�`f0 FORM. ATTEST: JE City t46mey City Clerk - de "FIRM" Speer Ci B /- , , n Date: Lc) Steve peer, r cipal APPROVED BY CITY COUNCIL mo 8 Exhibit "A" Scope of Services- Speer Civil Provide a California Registered Civil Engineer, Steve Speer (Consultant), to work Monday through Friday at City Hall a maximum of 32 hours per week in accordance with the work schedule below. Services to include staff services in development review and conditioning, capital project design and administration. Work to include coordinating the Capital Improvement Program, completing PS&E, putting projects out to bid and other staff duties as assigned. City to provide office space, general office supplies and computer access. Service to be provided at hourly rate of$96 per hour. Total shall not exceed $3,072 per week. There shall be no mileage charges as Consultant will not be required to travel more than 200 miles from Palm Springs. There shall be no mark up on reimbursable expenses. City to provide mailing, copies and other traditionally reimbursable expenses, so in no case will Consultant's reimbursements exceed $500 per month. Total compensation shall not exceed $35,000. WORK SCHEDULE Monday (8am to 5pm)..........................................8 hours Tuesday, afternoon only (1prn to 5prn)................4 hours Wednesday (8am to 5pm) ...................................8 hours Thursday, afternoon only (1pm to 5pm)...............4 hours Friday (8am to 5pm) ............................................8 hours Total .................. *32 hours *Thirty-two (32) hours represents the Consultant's standard work week for this agreement, subject to SPEER Civil employee benefit time off, which are non- billable hours to the City, and shall not: exceed forty (40) hours in total during the course of this agreement. 9 A0-O&D,� CERTIFICATE OF LIABILITY INSURANCE 05B 1/2006 PROMOER (760) 325-2526 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION Wain axten & F]au h ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE B 4 HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR P 0 nox 1866 ALTER THE COVERAGE AFFORDED BY THE POLICIES BCLOW Palm Springs CA 92263^ INSURERS AFFORDING COVERAGE NAIC# INBURED INSURERA GOICIEIn Va la Speer C±vil INSURERS: 77555 Calle Manterey INSURER C: INSURER D T,a. uinta CA 92253- INSURER E: COVERAGES_ THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED,NOTWITHSTANDING ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACTOR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BF ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUEJECT TO ALL THE TERMS, FXGLU81ONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. ILTR INDE TYPE OF 19SURANGE POLICY NUMBER OATfi MM�DDlYYE POLICY MIWDWff EXPIRATION LIMITS A X GENERAL LIABILITY NOVO S0427 05/26/2006 05/26/2007 EACH OCCURRENCE S 1,000,000 }( COMMERCU+LGENERALLIABILITY PREMISES(Ea ) 50,(100 CLAIMS MADE TOCCUR / / / / MEG SXP(Any ane eon $ 5,000 PERSONAL&ADV INJURY '$ 1,QDD,000 I I I I GENERAL AOGREOATE $ 2,000,000 GEN'L AGGREGATE LIMIT APPLIEG PER: PRODUCTS,COMPIOP AGO 5 2,000,()0() POLICY 508i LOC AUTOMOSU-R LIABILITY / / COMBINED SINGLE LIMIT ANY AUTO (Ba aMlaenD S ALL OWNED AUTOS / / / BODILY INJURY Y SCHEDULED AUTOS (Per pereon) HIRED AUT08 / / BODILY INJURY NON,DMFDAUTOS (Puraaainanl) S PROPERTY DAMAGE (Per a-idaall S GARAGE LIABILITY AUTO ONLY-EA ACCIDENT S ANY AUTO / / / / CTHERTNAN EA ACC S AUTO ONLY: AGO S EX09.861UMBRELLA LIABILITY 9ACH OCCURRENCE $ OCOUR CLAIMS MADE AGGREGATE $ T DEDUCTIBLE / / / / $ RETENTION S 7U S WORKERS 4GMPENSAT ON AND / / / / TGRV LIMB8 R EMPLOYERS'LIABILITY ANY PROPRIETORMARTNEN FCUTIVE E.L.EACH ACCIDENT $ OFFICERMEMBEH ERCLUDRD7 / / / / E.L.DISEASE-EA EMPLOYEES jr yas,aaecribe under SPECIAL PFIOV16IONS W— E.L.DISEASE-POLICY LIMIT S DESCRIPTION OF OPERATIONWLOOATIONS EHMLEBIE%CLULIONS ADDED BY ENGORBEMFNT/SPECIAL PROVISIONS CGxklPicatel eD1MY is au Addit;&onal Insured. CERTIFICATE!HOLDER CANCELLATION ( ) (760) 322-8325 SHOULD ANY OF THE ABOVE 0E8CRIBEO POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THFREOF, THE 188UING INSURER WILL ENDEAVOR TO MAIL 10 PAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT,BUT City Of Palm Springs FAILURE TO DO BO SHALT.IMPOSE NO OBLIGATION DR LIABILITY OF ANY KIND UPON THE 3200 X. Tahcpait2 Canyon Way INSURER,ITS AS NTBOR REAENTATIVE AUTHORIZED REPRESENT C 1 Palm Springs CA 92262- A�ACORI)25(2061108) CJ ACORD CORPORATION 1988 qINS025(ar %05 ELECTRONIC USER FORMS,INC,-(BDQWT-0646 Paso 1 ef2 J C I , UO, J L)UWl,Ueseri buu i nwesi Ins ; fUU (11 blbb 8 2/ 3 3 rt ACORDL CERTIFICATE QF LIAEI�.ITY INSURANCE - 5�1�i20� - PRODucIFR (760)771-5550 FAX (760)771-$755 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION Desert Southwest Insurance Brokers ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR Lic"ve #000482e ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW, 78-010 Main Street, suite 200 La Quinta CA 92253 INSURERS AFFORDING COVERAGE NAIL INSURED INSUKRA;LAAdMark AMQX:LCan 1133 CO Speer civil INSURERB,Safeco Insurance Company ( Suess Washington St u1SURERC: Suite C-280 INSUP.Q D: La Qainta CA 92253 INSURER E: COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED,NOTWITHSTANNNO ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE 'TERMS, EXCLU51QNS AND CONDITIONS OF SUCH POLICIES, AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS, TR D3RT1 TYPE OF INSURANCE POUCVNUMBER DAT�(MMI O OATS MMINDrl V(1N LIMITS GENFAALLIABILITY EACH CGCURR NCE S COMMERCIAL GENERAL LIABILITY PREMIDAMA ETO R�k6N ED PREMISES Awvrema S CWMS MADE ❑OCCUR MED EXP ov person S PERSONAL L ADV INJURY S GENERAL A16RI!GATF S GENL ACGREGATELIMIY APPLIES PER: PR OTs-GDWfOPAGG $ POLICY 'COTS LOC AUTOMOSILELIABILRY COMBINED SINGLE LIMIT ANY AUTO 8 ALL DYm1ED AUTOS A2551485 02/16/06 08/16/06 BODILY INAIftr x scHEDULEO Avros (Por pm-i) S 500,000 HIRED AUTOS BODILY INJURY 5 !;Do,OOp NON-0WNEDAUTOS (P.raxM.nt) PROPERTY DAMAGE $ 10,000 (P.".4m) GA RAW DABLRY AUTO ONLY.PAAOCIDEW 3 ANY AUTO OTHER THAN EA ACC $ AUTO ONLY: AGO $ EXCESSAIMBR411LA LIABILITY EACHOCCU RENCE $ OCCUR CLAIMS MADE AGGREGATE 3 DEDUCTIBLE S RETENTION S S WORK EiSCOMPENSATIONAND T yyp fTL,y IOSR EMPLOYERS'LIA5ILnY ANY PROPWETOMPARTNEIVEXEcLrnvE E.L PACHACdCENT 3 Ify ,dl.s ObvmAvr OFFICENMEM BER EXCLUDED? E.L DISEASE-EA EMPLOYE S SPECIALPROVISIONSbe E.L DISEASE-POUCYLIMIT Is A OTHER Professional LHROO5240 2/23/2006 2/23/2007 SA<h OS.ia $1,000,000 Liability Polity A'Ve.7.t. $1,000,000 OESORIPTIOPI OF OPMATIONWLDCAYIONANEIICLE3'IXCLUSIONS ADDED BY 6NDORSEMENTIOPECIAL PROVISMNS Cartifioata Holder is named as eddieianal insured per mttgShad sndoxaement *10 days oanoallntian for nea-paynt t of prenim CERTIFICATE HOLDER CANCELLATION - .' SHOULD ANY OF THE ABOVR PDORISED POLICIES BE CANCELLED BEFORE THE City of Palm Springs OnRATION DATE THEREOP, THE ISSUING INSURER WILL ENDEAVOR TD MAIL 3200 E. Tahquitz Canyon Way 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT.BUT Palm Springs, C$ 9226E PAILVRETO DO SO SHALL IMPOSE NO OBLIGATION OR DABILRY OF ANY KIND UPON THE INSURER ITS MEN40A PEFSENTATIVES. AUTHORIZED IVE ACORD 25(2001109) m ACORD CORPORATION 1089 INS025(o1oaw AMS VMP Mova".Sol,Alor.,I-,(900)327-0 6 Pape 10 2 Best's Rating Center - Search Results Page 1 Page 1 of 1 • ~ �n .. w Rai View Ratings: Financial Strength Issuer Credit Securities Advanced Search Other Web Centers: Select One 7 Search Results Page 1 of 1 1 Rated and non-Rated companies found, results sorted by Company Name Criteria Used: Company Name: Company names starting with landmark american ins To refine your search, please use our Advanced Search or view our Online Help for more information. New Search Ilandmark american ins View results starting with: A B C D E F G H I J K L M N O P Q R S T U V W X Y Z RE Company Information Financial Strength Ratings Issuer Credit Ratings . Outlook/ Outlook/ AMB# Company Name Rating Implication Long-Term Implication Short-Term * Domicile 12619 Landmark American Insurance A Stable a Stable US: Oklahe Company (Property/Casualty-Insurance Company) Note:Financial Strength Ratings as of 0513112006 11:14 AM E.S.T. Financial Strength Ratings(FSR) are sometimes assigned to Property/Casualty-A.M. Best Consolidated Groups. Please nc $Life/Health -A.M. Best Consolidated Groups and Company Consolidated Financial Statements are not assigned FSR ratinga * Denotes Under Review Best's Ratings Visit Best's RatingCenter enter for a complete overview of our rating process and methodologies. Important Notice:Best's Ratings reflect our independent opinion,based on a comprehensive quantitative and qualitative evaluation of a company's balance sheet siren operating performance and business profile.These ratings are neither a warranty of a company's financial strength nor its ability to meet its financial obligations,includin policyholders.View our entire notice for complete details. Customer Service I Product Support I Member Center I Contact Info I Careers About A.M. Best I Site Map I Privacy Policy I Security I Terms of Use I dal & Licensing Copyright©2006 A M.Best Company, Inc.All rights reserved. A.M. Best Worldwide Headquarters,Ambest Road,Oldwick,New Jersey,08858, U.S.A. http://www3.ainhest.coin/ratings/RatiiagsSearch.asp 05/31/06 Best's Rating Center - Search Results Page 1 Page 1 of 2 r� ter - r. �.. ") View Ratings: Financial Strength Issuer Credit Securities Advanced Search Other Web Centers: Select One Search Results Page 1 of 1 7 Rated .and non-Rated companies found, results sorted by Company Name Criteria Used: Company Name: Company names starting with safeco insurance To refine your search, please use our Advanced Search or view our Online Help for more information. view sea rch, Isafeco,insutance View results starting with: A B C D E F G H I J K L M N O P Q R S T U V W X Y Z RE Company Information Financial Strength Ratings Issuer Credit Ratings f Outlook/ . Outlook/ y AMB# Company Name Rating Implication Long-Term F Implication Short-Term Domicile 00078 t Safeco Insurance Companies A Positive a+ Positive US:Washir (Property/casualty-A.M.Best Consolidated Group) 19741 Safeco Insurance Com ap nies US:Washir (Property/Casualty-Company Consolidated Financial Statement) 02448 Safeco Insurance Company—of A Positive a+ Positive US:Washir America (Property/Casualty-Insurance Company) 84242 Safeco Insurance Company of CA: Ontaric America (Property/casualty-Insurance Company) 02709 Safeco Insurance Company of Illinois A Positive a+ Positive US: Illinois (Property/Casualty-Insurance Company) 12053 safeco Insurance Company of A Positive a+ Positive US: In Indiana (Property/Casualty-Insurance Company) 12425 Safeco Insurance Company of A Positive a+ Positive US: Oregor Oregon (Property/Casualty-Insurance Company) Note:Financial Strength Ratings as of 05/31/2006 11:14 AM E.S.T. Financial Strength Ratings (FSR) are sometimes assigned to Property/Casualty-A.M. Best Consolidated Groups. Please nc Life/Health -A.M. Best Consolidated Groups and Company Consolidated Financial Statements are not assigned FSR rating; * Denotes Under Review Best's Ratings Visit Best's Rating Center for a complete overview of our rating process and methodologies. Important Notice:Bests Ratings reflect our independent opinion,based on a comprehensive quantitative and qualitative evaluation of a company's balance sheet stren operating performance and business profile.These ratings are neither a warranty of a company's financial strength nor its ability to meet its financial obligations,includin policyholders.View our entire notice for complete details. littp://www3.ambest.com/ratiiigs/RatingsSearch.asp 05/31/06 Best's Rating Center - Search Results Page 1 Page 1 of 1 Best 'ter Member Benefits ,`,,) View Ratings: Financial Strength Issuer Credit Securities Advanced Search Other Web Centers:rSele.t one Search Results page 1 of 1 1 Rated .and non-Rated companies found, results sorted by Company Name Criteria Used: Company Name: Company names starting with golden eagle To refine your search, please use our Advanced Search or view our Online Help for more information. New search I 1gotden eagle View results starting with: A B C D E F G H I J K L M N O P Q R S T U V W X Y Z RE Company Information Financial Strength Ratings Issuer Credit Ratings t t Outlook/ . Outlook/ AMB# - Company Name + Rating Implication Long-Term •* Implication + Short-Term Domicile 12076 Golden Eagle Insurance Corporation A Stable a Stable US: Califon (Property/Casualty-Insurance Company) Note: Financial Strength Ratings as of 0513112006 11:14 AM E.S.T. Financial Strength Ratings(FSR) are sometimes assigned to Property/Casualty-A.M. Best Consolidated Groups. Please nc $ Life/Health -A.M. Best Consolidated Groups and Company Consolidated Financial Statements are not assigned FSR rating: * Denotes Under Review Best's Ratings Visit Best's Rating Center for a complete overview of our rating process and methodologies. Important Notice:Best's Ratings reflect our independent opinion,based on a comprehensive quantitative and qualitative evaluation of a company's balance sheet stren operating performance and business profile.These ratings are neither a warranty of a company's financial strength nor its ability to meet its financial obligations,includin policyholders.View our entire notice for complete details. Customer Service 1 Product Super I Member Center I Contact Info I Careers About A.M. Best I Site Map I Privacy Policy I Security_I Terms of Use I Legal & Licensing Copyright©2006 A.M.Best Company, Inc.All rights reserved. A.M.Best Worldwide Headquarters,Ambest Road,Oldwick,New Jersey,08858, U.S.A. http://www3.ambest.com/ratings/RatingsSearch.asp 05/31/06