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HomeMy WebLinkAbout04943 - BERRYMAN & HENIGAR, INC. CIVIL ENGINEERING SERVICES Berryman &Henigar,Inc Temporary Civil Engineering Services AGREEMENT #4943 CM signed 8-24-04 CITY OF PALM SPRINGS CONTRACT SERVICES AGREEMENT FOR Temporary Civil Engineering Services THIS CONTRACT SERVICES AGREEMENT (herein "Agreement") is made and entered nto th15,�1 iay o %;`-'��'`x 2004, by and between the CITY OF PALM SPRINGS, a municipal corporation (herein "City") and Berryman & Henlgar, Inc. (herein "Contractor"), NOW, THEREFORE, the parties hereto agree as follows: 1.0 SERVICES OF CONTRACTOR 1.1 Scope of Services. In compliance with all of the terms and conditions of this Agreement, the Contractor shell perform the work or services set forth in the "Scope of Services" attached hereto as Exhibit "A" and incorporated herein by reference Contractor warrants that all work and services set forth in the Scope of Services will be performed in a competent, professional and satisfactory manner 1.2 CoMpliance With law. All work and services rendered hereunder shall be provided in accordance with all ordinances, resolutions, statutes, rules, and regulations of the City and any Federal, State or local governmental agency of competent jurisdiction. 1.3 Licenses Permits Fecs and Assessments. Contractor shall obtain at its sole cast and expense such licenses, permits and approvals as may be required by law for the performance of the services required by this Agreement. 2.0 COMPENSATION 2.1 Contract Sum. For the Services rendered pursuant to this Agreement. Contractor shall be compensated in accordance with the "Schedule of Compensation" attached hereto as Exhibit "B" and incorporated herein by this reference, but not exceeding the maximum contract amount of Twenty Four Thousand Nine Hundred Ninety Dollars ($24,990 00) ("Contract Sum"). 2.2 Method of Pa ment. Provided that Contractor is not in default under the terms of this Agreement, Contractor shall be paid as outlined Exhibit "B" Schedule of Compensation 3.0 COORDINATION OF WORK 3A Representative of Contractor Roy Stephenson, P.E. is hereby designated as being the principal and representative of Contractor authorized to act in its benalf with respect to the work and services specified herein and make all decisions in connection therewith. 3.2 Contract Officer. David Barakian, P.E. is hereby designated as being the representative the City authorized to act in its behalf with respect to the work and services specified herein and make all decisions in connection therewith ("Contract Officer"). The City R:\USERS\WPPUBLIC\01 BidslSerryman&Henigar- Engineering Services 5-20.wpd -1- Manager of City shall have the right to designate another Contract Officer by providing written notice to Contractor. 3.3 Prohibition Against Subcontracting or Assignment. Contractor shall not contract with any entity to perform in whole or in part the work or services required hereunder without the express written approval of the City. 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. Any such prohibited assignment or transfer shall be void. 3.4 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. Contractor shall perform all services required herein as an independent contractor of City and shall remain under 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. 4.0 INSURANCE AND INDEMNIFICATION 4 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) Commercial General Liability Insurance. A policy of commercial general liability insurance written on a per occurrence basis with a combined single limit of a least $1,000,000 bodily injury and property damage including coverages for contractual liability, personal injury, independent contractors, broadform property damage, products and completed operations. The General Liability Policy shall name the City of Palm Springs, its officers, employees, and agents, as additional insured in accordance with standard ISO additional insured endorsement form CG20'I0(1'185) or equivalent language. (b) Worker's Compensation Insurance. A policy of worker's compensation insurance in such amount as will fully comply with the laws of the State of California and which will include $1,000,000 employer's liability. (c) Business Automobile lnaurance. A policy of business automobile liability insurance written on a per occurrence basis with a single limit liability in the amount of $500,000 bodily injury and property damage, 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 in a minimal amount of $1,000,000 if contract has professional liability exposure, as may be required in Exhibit "A". All of the above policies of insurance shall be primary insurance. The insurer shall waive all rights of subrogation and contribution it may have against the City, its officers, employees and agents, and their respective insurers. In the event any of said policies of insurance are canceled, the Contractor shall, prior to the cancellation date, submit new evidence of insurance in conformance with this Section 4,1 to the Contract Officer, No work or services under this Agreement shall commence until the Contractor has provided the City with R:IUSERS\W PPUBLIC%04 BidslBerryman&Henlgar- Engineering Services 5-20.wpd .2. Certificates of Insurance or appropriate insurance binders evidencing the above insurance coverages and said Certificates of Insurance or bundlers are approved by the City. The contractor agrees that the provisions or this Section 4.1 shall not be construed as imiting 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 person for which the Contractor is otherwise responsible. In the event the Contractor subcontracts any portion of the work In compliance with Section 3.3 of this Agreement the contract between the Contractor and such subcontractor shall require the subcontractor to maintain the sarne polices of insurance that the Contractor is required to maintain pursuant to this Section. 4.2 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 ornissions of Contractor hereunder, or arising from Contractor's negligent performance of or failure to perform any term, provision, covenant or condition of this Agreement, whether or not there is concurrent passive or active negligence on the part of the City, Its officers, agents or employees but excluding such claims or liabilities arising from the 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 ray 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 connection with the negligent performance of or failure to perform such work, operations or activities of Contractor hereunder; and Contractor agrees to save and hold the City, its officers, agents, and employees harmless therefrom; (c) In the event the City, its officers, agents or employees is made a party to any action or proceeding riled or prosecuted against Contractor for such damages or other claims arising out of or in connection with the negligent performance of or failure to perform the work, operation or activities of Contractor hereunder, Contractor agrees to pay to the City, its officers, agents or employees, any and all costs and expenses incurred by the City, its officers, agents or employees in such action or proceeding, including but not limited to, legal costs and attorneys'fees. 5.0 TERM 5.1 Term. Unless earlier terminated in accordance with Section 5.2 below, this Agreement shall continue in full force until April 27, 2005. R 1USERSNPPU5LIC104 BidslBerryman&Hsnigar-Engineering Services 5-20.wpd -3- 5.2 Termination Prior to Expiration of Term. Either party may terminate this Agreement at any time, with or without cause, upon thirty (30) days' written notice to the other party. Upon receipt of the notice of termination, the Contractor shall immediately cease all work or services hereunder except as may be specifically approved by the Contract Officer. In the event of termination by the City, Contractor shall he entitled to compensation for ell services rendered prior to the effectiveness of the notice of termination and for such additional services specifically authorized by the Contract Officer and City shall be entitled to reimbursement for any compensation paid In excess of the services m.ndered 6.0 MISCELLANEOUS 6.1 Covenant Aclalnst Clscrnmination. Contractor covenants that, by and for itself, its heirs, executors, assigns and all persons claiming under or through them, that there shall be no discrimination against or segregation of, any person or group of persons on account of race, color, creed, religion, sex, marital status, national origin, or ancestry in the performance of this Agreement. Contractor shall take affirmative action to ensure that applicants are employed and that employees are treated during employment without regard to their race, color, creed, religion, sex, manful status, national origin or ancestry. 61 Non-liability of City Officers and Em toy as. No officer or employee of the City shall be personally liable to the Contractor, or any successor in interest, in the event or 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. 6.3 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. 6.4 Notice. Any notice, demand, request, document, consent, approval, or communication either party desires or is required to give to the other party or any other person shall be in writing and either served personally or sent by prepaid, first-class mail, in the case of the City, to the City Manager and to the attention of the Contract Officer, CITY OF PALM SPRINGS, P.O. Box 2743, Palm Springs, California 92263, and in the case of the Contractor, to the person at the address designated on the execution page of this Agreement. 6.5 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. 6.6 Integration Amendment. It is understood that there are no oral agreements between the parties hereto affecting this Agreement and this Agreement supersedes and cancels any and all previous negotiations, arrangements, agreements and understandings, if any, between the, parties, and none shall be used to interpret this Agreement. This Agreement may be amended at any time by the mutual consent of the parties by an instrument in writing. R:\USERSIWPPUBLIC\04 Bids\Berryman&Henigar-Engineering Services 5.2.0.wpd 6.7 Seve,rabillt . In the event that part of this Agreement shall be declared invalid or unenforceable by a valid Judgment or decree of a court of competent jurisdiction, such Invalidity or unenforceabillty shall not affect any of the remaining portions of this Agreement which are hereby declared as severable and shall be interpreted to carry out the intent of the parties hereunder unless the invalid provision is so material that its invalidity deprives either party of the basic benefit of their bargain or renders this Agreement meaningless. 6.8 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. 6.9 Attorneys' Fees. If either party to this Agreement is required to initiate or defend or made a party to any action or proceeding in any way connected with this Agreement, the prevailing party in such action or proceeding, in addition to any other relief which may be granted, whether legal or equitable, shall be entitled to reasonable attorney's fees, whether or not the matter proceeds to Judgment 6.10 Corporate Authority. The persons executing this Agreement on behalf of the parties hereto warrant that (I) such party is duly organized and existing, (if) they are duly authorized to execute and deliver this Agreement on behalf of said party, (iil) by so executing this Agreement, such party Is formally bound to the provisions of this Agreement, and (iv) the entering into this Agreement does not violate any provision of any other Agreement to which said party is bound SIGNATURES ON NEXT PAGE R:\USERS\VVPPUBLIC\04 Bids\Berryman&Henigar- Engineering Services 5-20.wpd IN W ITNE3.9 W14EREOF. the parbes nava axerjutgrl and antored Info this Agrae'mem as'of the dat&'Imt Writt!an albdV0. CITY OP PALM$PRINQS8. i MlAeiclPel COtpdtvdon ' �i!d !' ✓����,�.m....®._,..,�•�-...�'�. � -tea� , cIlycterR. 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Services provided by Contractor shall be performed by qualified personnel. Roy Stephenson, P.E. and Steve paw are approved to provide services hereunder. Contractor must receive approval from the City's Contract Officer prior to Utilization of other personnel to provide civil engineering support services. Services shall be provided only as directed by the City's Contract Officer. SPECIAL REQUIREMENTS: Section 4A (d) - Additional Insurance The Contract shall procure and maintain a policy of professional liability insurance in an amount not less than $1,000,000 00 per clam with respect to loss arising from the actions of Contractor performing professional services hereunder on behalf of the City Said policy shall be in conformance with the provisions of Section 4.0 of this Agreement. Roplace Section 5.2 with the following: 5.2 (Revised) Termination Prior to Expiration of Term. Either party may terminate this Agreement at any time, with or without cause, upon five (5) days' written notice to the other party. Upon receipt of the notice of termination, the Contractor shall immediately cease all work or services hereunder except as may be specifically approved by the Contract Officer. In the event of termination by the City, Contractor shall be entitled to compensation for all services rendered prior to the effectiveness of the notice of termination and for such additional services specifically authorized by the Contract Officer and City shall be entitled to reimbursement for any compensation paid in excess of the services rendered. R:IUSERSUNPP1JBLIC\04 Bids\Berryman&Henrgar- Engineering Services 5-20.wpd SC14EDULEB SCHEDULE OF COMPENSATION Total compensation for civil engineering support services provided shall not exceed $24,990 Compensation shall be billed at hourly rate as follows: Roy Stephenson, P.E. $165 per hour Steve Dow $115 per hour, plus $0.375/mile for actual mileage on the job. Invoices shall be submittod on a regular basis, at an interval arranged with the City's Contract Officer. R:\USERS\W PPUBLIC\04 Bids\Berryman&Henigar- Engineering Services 5-20.wpd COMMERCIAL GENERAL LIABILITY POLICY NO.630 525D5655 THIS ENDORSEMENT CHANGES THE POLICY.PLEASE READ IT CAREFULLY BLANKET ADDITIONAL INSURED (CONTRACTORS) Additional Insured., CITY OF PALM SPRINGS, This endorsement modified insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART COMMERCIAL GENERAL LIABILITY—CONTRACTORS PART 1. WHO IS AN INSURED-(Section II)is amended to c) This insurance does not apply to"bodily in- include any person or organization you are required to jury"or"property damage" caused by"your work" include as an additional insured on this policy by a Included in the "products-completed operations written contract or written agreement in effect during hazard" unless you are required to provide such this policy period and signed and executed by you coverage for the additional insured by a written prior to the loss for which cover-age is sought.The contract or written agreement in effect during this person or organization does not qualify as an policy period and signed and executed by you additional insured with respect to the independent prior to the loss for which coverage is sought and acts or omissions of such person or organization.The then only for the period of time required by such person or organization is only an additional insured con-tract or agreement and in no event beyond with respect to liability caused by"your work"for that the expiration date of the policy. additional insured. 3. Subpart (1)(a) of the Pollution exclusion under 2. The insurance provided to the additional insured is Paragraph 2., Exclusions of Bodily Injury and Property limited as follows: Damage Liability Coverage (Section I -Coverages) a) In the event thatthe limits of liability stated in the does not apply to you if the"bodily injury"or"property policy exceed the limits of liability required by a damage" arises out of "your work" performed on written contract or written agreement in effect premises which are owned or rented by the additional during this policy period and signed and executed Insured at the time"your work"is performed. by you prior to the loss for which coverage is 4. Any coverage provided by this endorsement to an sought,the insurance provided by this additional insured shall be excess over any other valid endorsement shall be limited to the limits of and collectible insurance available to the additional liability required by such contract or agreement. insured whether primary, excess.contingent or on any This endorsement shall not in-crease the limits other basis unless a written contract or written stated in Section III-LIMITS OF INSURANCE. agreement in effect during this policy period and b) The insurance provided to the additional insured signed and executed by you prior to the loss for which does not apply to"bodily injury","property coverage is sought specifically requires that this damage", "personal injury"or"advertising injury" insurance apply on a primary or non-contributory arising out of an architect's,engineer's or basis When this insurance is primary and there is surveyor's rendering of or failure to render any other insurance available to the additional insured Professional services including: from any source, we will share with that other I. The preparing,approving or failing to prepare insurance by the method described in the policy. or approve maps,shop drawings, opinions, 5. As a condition of coverage, each additional insured reports,surveys,field orders, change orders, must: or drawings and specifications,and a) Give us prompt written notice of any "occur- II. Supervisory or inspection activities per-formed rence"or offense which may result in a claim as part of any related architectural and prompt written notice of"suit". or engineering activities. CGD2461902 Copyright The Travelers Indemnity Company,2002 COMMERCIAL GENERAL LIABILITY a) Immediately forward all legal papers to us, requirement, the term "Insures against' cooperate in the investigation or settlement of refers to any self-insurance and to any the claim or defense against the"suit,"and insurer which Issued a policy of otherwise comply with policy conditions. insurance that may provide coverage for the loss, regardless of whether the c) Tender the defense and indemnity of any additional insured has actually claim or"suit"to any other insurer which also requested that the insurer provide the insures against a loss we cover under this additional insured with a defense and/or endorsement.This includes, but is not limited indemnity under that policy of to,any insurer which has issued a policy of insurance. insurance in which the additional insured d) Agree to make available any other qualifies as an insured. For purposes of this insurance that the additional insured has for a loss we cover under this endorsement. CGD246IU02 Copyright The Travelers Indemnity Company,2002 mIN .:,i=.ai4:,._..RO% .' ...;. ,f _.,'.� ,,• n.,`..?illnlil!a_2II"Iq li'`-"�f1':::5:-,. rddl6S�d?;I�i:'ha�,u IF:J�yy'�Ah 2 I' III yy�� I _ � c �q PRaDDGER THIS CERTIFICATE IS I3SUED AS A MATTER OF INFCRNATION ONLY AND CONFERS NO Barney&Barney,LLC-CA License No.0003950 CATE DOES NOT AMEND,BXTENO OR ALTER THE COVERAGE THIS AFFORDED Barney&Bamey,Inc.-CA License No.OC24310 BYTHE POLICIESBELOW. P.O.BOX 85634 COMPANIES AFFORDING COVERAGE San Diego,CA 921865086 MSTiJ13 � A HARTFORD ELITE COMP-HARTFORD INS. CO.OF THE MIDWEST INSURED COMPANY B NO COVERAGE ON THIS DOCUMENT LIFTMA Berryman&Henigar Enterprises COMPANY C NO COVERAGE ON THIS DOCUMENT Berryman&Henigar,at al LETTER 11590 West Bernardo Court COMPANY D NO COVERAGE ON THIS DOCUMENT San Diego,CA 92127.1624 LETTER ijil TH CERTIFY THAT THE POLICIES rF11INS1URANC,E•BELOW HAVE BEEN IS WED 7O THE INSl1REDINAMED ABOVE FOR THE POLICY PERIOD INDICATED.- NOTWITHSTANDING ANY REOUIREMENT,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 POUCIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,EXCLUSIONS AND COMM. TIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE SEEN REDUCED BY PAID CLAIMS. CO TYPEOFINSURANCE POLICYNUMBER roucyaFFEC. PoLcYENPIRATKRT LIMITS LTR THE DATE Mrs IMLVDWTYI IMAWDIM GENERALLIASILRY GENERALAGGREGATE b•'•""•"••«•^•p ❑ COMMERCIAL GENERAL LIABILITY FROOUCTS-COMPIDPAGG' 3•'•^""'•^""0 ❑CLAIMS MADE ❑OCCUR PERSONA.&AOV.INJURY t.«....«..•.•«.0 ❑ OWNET'SL CONTRACTORS PROT, EACH OCCURRENCE t.....«•«•.«.«a ❑ FIRE OARAGE(Air.Iro) t»«.......i,i MEO.aXPENGE(Any"pH ) b••««..«...«»0 AUTOMCBILELIABILnV COM INEDSINGLE ❑ ANYAUTO UMIT t...+«.-«.....»0 ❑ ALI-OWNEDAUTOS BODB.YINJIIRY ❑ SCHEOULEDAUTOS IPeraoa t..««..»......-O ❑ HIREOAUTOS BODILY INJURY ❑ NONAWHEDAUTOG (Pc oP7dm1) t.^.«....«..«.0 ❑ GARAMI-A ILnY PROPERTYDAMAOE ,p.^•.••«.«.«.O EXCESS LABILITY EACHOCCURRDNCE t'•^••••"'•`•^•0 ❑ UMBAEUAFORM AGGREGATE S'"'^•'"`«^"'0 ❑ OTHER THAN UMBRELLA FORM ,:::•.�..-........ T`ui4,^ervlf%`::li`B'S i'," ._ 0 STATUTORY LIM95 - - WORKERS'COMPENSATION 72WE$1-19069(CA) W30/03 91 WG4 EACH ACCIDENT t'•"«it,GDG,GpG A AND OISEAGE-POLX;V LIMIT S"'•"E7.000,000 E1111PLOYERS'LIA91LITY DISEASE.EACH EMPLOYEE t^••"51,000,000 OTHER UOCOVERAGE DESCRIPTION OF OPEPATIOnSA.00ATIONSNEHICLEWSPECW-ITEMS `10 days nollm Or Cm1CeNation applIes to Ton-payment RE: CIVIL ENGINEERING SUPPORT SERVICES 6EtS3JPJL"pCE:1( LpE - .. ,,, "'INK SHOULD ANY OF THE ABOVE eEGCRleEO POLICIES BE CANCELLED BEFORE THE '?!II"' EXPB!ATION DATETHEWF,THE MSU1NGCOM7ANVWIUENDEAVORTO CITY OF PALM SPRINGS s...,I MAILAQOAY9WillTTEN NOTICE 70 THE CERTIFICATE HOLDER NAMED TOTHE ATTN: TROY L. BUTZIAFF,ASSISTANT CITY MANAGER ffl'r- LEFT,BUT FAILURE TO MIL SUCH NOTICE SHALL IMPOSE NOOBLIGAMONOR 3200 TEHQUITZ CANYON WAY LABLMYOF ANY'MHO UPON THE COMPANY,ITS AGENTS ORREPPESENTA- r- PALM SPRINGS,CA 92252 rnes •" M1IJI'HGW2E0 REPRESENTATIVE , f is JI +lF�'+i �.p laL u�l Ir. �A7111')jR I a � �I�ItI� J IFI,IfI�'rll �i rtE} • .. •.v- .J �o5 i., _ _, _.',.'• 17 "°Ihr ,Lj l v.P_r rl fr, 4a.§tl..a _.. 14 II- • • , PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY SAND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE Barney&Barney,LLC-CA License NO.0003950 DOES NOT AMEND,EXTEND OR ALTER THE COVERAGE AFFORDED BY THE Barney&Barney,Inc.-CA LlaerL a No.OC24310 POLICIES BELOW. P.O.Box 85638 _ COMPANIES AFFORDING COVERAGE San Diego,CA 92186.5638 MST 95 COMPANY A TRAVELERS INDEMNITY CO.OF ILLINOIS LlSIBR INSURED COMPANY 8 NO COVERAGE ON THIS DOCUMENT LETTER Berryman&Henlgar Enterprises COMPANY C NO COVERAGE ON THIS DOCUMENT Berryman&Henigar,at al LETTER 1159D West Bernardo Court COMPANY 0 NO COVERAGE ON THIS DOCUMENT San Diego,CA 92127.1624 LETTER '9V •�y^wLfFa 0 ''_F I......... THIS ISTO CERTIFY THE POLICIES INSURANCE BELOW HAVE BEEN ISSUED TO THE IN ED SUR NAMED SOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANYNY R REQUIREMENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAYBE ISSUED OR MAY PERTAIN,THE INSURANCE AFFORDED BY THE POUCIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,EXCLUSIONS AND CONDITIONS OF SUCH POLICIES, LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. CO TYPE OF INSURANCE POLICY NUMBER POLICY I'QUICYLVIPIARON UNITS LTR EFFECTIVE DATE GATE(MIMIDD/YYI tAGWDDJYYI GENEALLAEIUTY GENERAL AGGREGATE S...^ •2.DOO.0OD 0 COMMERCIAL GENERAL LIABILITY 63052505655 12131103 12/31M PRODUCT"OMPIOPAGG. $••^•^^2,000A000 Ap ❑wIMSMADE ®OCCUR PERSONAL&ADV.INJURY $^•••'•••1,000.000 0 OWNER'S 5 CONTRACTOR'S PROT. EACH OCCURRENCE $•^'•••..1,000,000 FIRE LIAMAGEWY rnelln) $^••^•^^700,DD0 MED.FXFENSE(Anymiip AA) $^•••^^•'^•5,OGD AUTOMOBILE LIABILITY COMBINED SINGLE 0 ANYAUTO 8105205655 12l31103 17J31JD4 LIMIT V........i3ODD,000 ❑ ALLOWNEDAUTOB BODILY INJURY A 0 SCHEDULEDAUTOS (PAL wRaO $^••••^•^-••^•••p HIRED AUTOS BODILY INJURY NON-OWNEDAUTCS (Par Q.Vtl ll $.^•.••...... ❑ GMTAGE LIABILITY PROPERTY DAMAGE $'•^•'•••••^^"'•0 EXCESS LIABILITY EACHOCCURRENCE $•'•••^^5.0DO,0D0 A ® UMBRELLA FORM CUP 525135655 1=1103 12/31/04 AGGREGATE C^^"^5.000.000 ❑ OTHER THAN UMBRELLA FORM !ili >!,ItlliFr ❑STATUTORY LIMITS _ WORKERS'COMPENSATION EACHACCIOENi $^•^^^•••^ ^••0 AND DISEASE•POLICY LIMIT $"••'•.............0 EMPLOYERS'LDABILITY DISEASE•EACH EMPLOYER S.......... ^"•'0 OTHER NDDOVERAGE DESCRIPTION OF OPQUTIONSAOCATIONSVEHICLESISPECIAL ITEMS `10 days notice Of Cancellation applies to non-payment RE: CIVIL ENGINEERING SUPPORT SERVICES 'CER31FiGATE Rf�LeY�Yt `:: , r. _ Ty::* BFq{1L0 ANY OF THE ABO41w DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION OATETHEREOF,THE ISSUING COMPANY WILL ENDEAVOR TO CITY OF PALM SPRINGS !I{!IiI MAIL 9 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE ATTN: TROY L.BUTZIAFF!ASSISTANT CITY MANAGER LEFT, OUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBUGATION OR 3200 TAHQUITZ CANYON WAY 'X LABILITY OF ANY)OND UPON THECOMPANY,ITS AGENTS OR REPRESENTATIVES. PALM SPRINGS,CA 92262 "Ly AUTHOR RE.SEMTATIVE r A y IJ ik IIHM}1 . pjsr .�. iyl 'r t'? S$1PI�IIu r i -I Flo , .Y lu<�:IS'' THE CERTIFICATE HOLDER IS NAMED AS ADDITIONAL INSURED PER THE A AOHED ENDORSEMENT Client#: 5134 ACORD„. CERTIFICATE OF LIABILITY INSURANCE 06/10104°"Y' PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION Dealey, Renton &Associates ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE P.O.Box 10550 HOLDER, THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. Santa Ana,CA 92711-0550 714 427-6810 INSURERS AFFORDING COVERAGE INSURED INSURER A. Liberty Insurance Underwriters Ins Berryman&Henigar Enterprises INSURERS 2001 East First Street INSURER C Santa Ana,CA 92705-4020 INSURER D INSURER E: COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED, NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. NTR TYPE OF INSURANCE POLICY NUMBER POLICYEFFECTIVE POLICYEXPIRATION GATE MIO NY ATE MWDD/YYI LIMITS GENERAL LIABILITY EACH OCCURRENCE Is COMMERCIAL GENERAL LIAR ILITY FIRE DAMAGE(Anyone fire) Is CLAIMS MADE ❑OCCUR MED EXP(Any one person) 1$ PERSONAL&ADV INJURY S GENERAL AGGREGATE $ GEN'L AGGREGATE LIM ITAPPLIES PER: PRODUCTS -COMPIOPAGG $ POLICY PRO LOC JECT AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT ANYAUTO (Ea accident) $ ALL OWNED AUTOS BODILY INJURY $ SCHEDULED AUTOS (Per person) HIRED AUTOS BODILY INJURY $ NON-OWNED AUTOS (Per accident) PROPERTY DAMAGE S (Per accident) GARAGE LIABILITY AUTO ONLY-EA ACCIDENT $ ANYAUTO OTHER THAN EA ACC $ 0 AUTO ONLY: AGG $ E%CEBB LIABILITY EACH OCCURRENCE s OCCUR CLAIMS MADE AGGREGATE S Is DEDUCTIBLE Is RETENTION $ Is WORKERS COMPENSATION AND T R WC ST'M ATrT OER TH- EMPLOYERS'LIABILITY El EACH ACCIDENT $ E.L.DISEASE-EA EMPLOYEE $ El DISEASE-POLICY LIMIT $ A OTHER Professional AEE1969090103 12/12/03 12/12/04 $1,000,000 Per Claim Liability $2,000,000 Annl Aggr. DESCRIPTION OF OPERATIONSILDCAnONSNEHICLES/EXCLUSIONS ADDED BY ENDORSEMENTISPECIAL PROVISIONS Re: Civil Engineering Support Services CERTIFICATE HOLDER ADDRIONALINSURED:INSURERLETTER: CANCELLATION Ten Day Notice for Non-Payment of PrPnniurn SHOULD ANYOFTHE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION City of Palm Springs DATE THEREOF, THE ISSUING INSURER WILL 9)tRN)4=X3P MAIL 30—DAYSWRITTEN Troy L.Butzlaff/Asst.City Manager NOTICETOTHE CERTIFICATE HOLDERNAMEDTOTHE LEFT, BKTc5C7FWA�xNRRARKK7WtXX 3200 Tahquitz Canyon Way X Palm Springs,CA 92262 zxFa eKxNyjUx AUTHORIZED REPRESENTATIVE ACORD 25-5(7/97)1 of 1 #M81632 LL 0 ACORD CORPORATION 1983 Berryman & Henigar Enterprises Named Insured: Berryman & Henigar Enterprises Berryman & Henigar, Inc., A California Corporation Berryman & Henigar, Inc., A Florida Corporation Harbor Engineering Govpartner.com Schedule of Locations: 11590 W. Bernardo Ct., Ste. 100 3200 Commonwealth Blvd., Ste. 101 San Diego, CA 92127-1624 Tallahassee, FL 32303 2001 East First Street 1412 Tech Boulevard Santa Ana, CA 92705-4020 Tampa, FL 33619 6150 Stoneridge Mall Road, Ste. 370 2045 NE 41 st Street Pleasanton, CA 94588-3241 Ocala, FL 34479 674 NE 5" Street 78-060 Ca Ile Estado, Ste. 11 Crystal River, FL 34429 LaQuinta, CA 92254 16880 W. Bernardo Drive#150 4840 W. University Avenue, Ste. A-1 San Diego, CA 92127 Las Vegas, NV 89103-3829 1414 SW Martin L King Jr Ave. 720 3rd Ave., Ste. 1200 Ocala, FL 34474-3129 Seattle, WA 98104-1820 1221 W. Colonial Drive, Ste. 300 3050 Beacon Blvd. Orlando, FL 32804-7156 West Sacramento, CA 95691 1615 Huffingham Road 3005 Fuhrman Avenue East JacsonviIle, FL 32216 Seattle, WA 98102 4 Hargrove Office Center, Unit B Palm Coast, FL