Loading...
HomeMy WebLinkAbout04886 - BERRYMAN & HENIGAR LETTER AGREEMENT BUILDING INSPECTION SERVICES FIRST AMENDMENT TO AGREEMENT FOR CONTRACT SERVICES WITH BERRYMAN &HENIGAR This First Amendment to the Consultant Services Agreement with Bergman& Henigar ('First Amendment" or "Amended Agreement") is made and entered into this 7°i day of July, 2004, by and between the CITY OF PALM SPRINGS, a municipal corporation ("City") and BERRYMAN & HENIGAR, a California Corporation ("Contractor") and amends that certain "Contract Services Agreement with Berryman & Henigar" (the "Agreement") dated June 18, 2004 between the same parties. RECITALS A. On or about June 18, 2004, City and Contractor entered into a"Contract Services Agreement'pursuant to which Contractor agreed to provide temporary building inspection services ("Project') at a fixed hourly rate not-to-exceed a total cost of$24,990 ("Contract Sum")without the expressed written consent of City. B. City is experiencing record levels of building activity resulting in a high demand for inspection services. C. City does not currently have adequate personnel resources to keep up with the higher demand for inspection services forcing many inspections to be delayed by two to three days. D. City wants to minimize the number of rollover inspections and the inconvenience it causes the development community. E. The original Contract Sum has been nearly depleted due to the high demand for inspections. F. City and Contractor desire to amend the Agreement to increase the Contract Sum to provide for additional inspection services. AGREEMENT The Agreement is hereby amended as follows: 1. Section 2.0 "Compensation" is amended as follows: 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 maxhmim contract amount of Eighty Thousand Dollars ($80,000) ("Contract Sum"). 2. Except as expressly provided herein, all other terms and conditions of the Agreement shall remain in full force and effect. IN WITNESS WHEREOF, the parties hereto executed this First Amendment to be effective as of the Date first written above. CITY OF PALM SPRINGS, a municipal corporation City Manager �TTESTn` i7 V 1 H(E- ��`u"}"I C(J -ua,', t [�;�©4it Cp City Clerk APPROVED AS TO FORM: BE/R /MAN &HENIGAR 1..-'Y t City4orney Na4¢;:7h Title: EXHIBIT `B" SCHEDULE OF COMPENSATION • Total compensation for building inspection services provided shall not exceed $80,000. • Compensation shall be billed at an hourly rate of$74.00 per inspector plus $0.375/mile for actual mileage. • Invoices shall be submitted on a regular basis, at an interval arranged with the City's Contract Officer. Berryman & Henigar Inc Temp Bldg Inspections AGREEMENT #4886 CM signed 06/18/04 CITY OF PALM SPRINGS CONTRACT SERVICES AGREEMENT FOR Temporary Building Inspection Services THI CONTRACT SERVICES AGREEMENT (herein "Agreement') is made and entered into this V. clay of ���� , 2004, by and between the CITY OF PALM SPRINGS, a municipal corporation (herein "City") and Berryman & Henigar, 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 shall 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, riles, and regulations of the City and any Federal, State or local governmental agency of competent jurisdiction. 1.3 Licenses, Perrnits,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 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 Payment. 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 3.1 Representative of Contractor. William Makshanoff, CBO is hereby designated as being the principal and representative of Contractor authorized to act in its behalf with respect to the work and services specified herein and make all decisions in connection therewith. 3.2 Contract Officer. Don Duckworth 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\04 Bids\Berryman&Henigar-Building Inspector wpd K2^ 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 CG2010(1185) 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 Insurance. 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 intury 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:\USERS\WPP1JBLIC\04 Bids\Berryman&Henigar-Building Inspector.wpd -2- 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 4.1 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 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 same 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 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 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 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 connection with the negligent performance of or failure to perform such work, operations or activities of Contractor hereunder, and Contractor agrees to save and hold the City, its officers, agents, and employees harmless therefrom; (c) In the event the City, its officers, agents or employees is made a party to any action or proceeding filed or prosecuted against Contractor for such damages or other claims arising out of or in connection with the negligent performance of or failure to perform the work, operation or activities of Contractor hereunder, Contractor agrees to pay to the City, its officers, agents or employees, any and all costs and expenses incurred by the City, its officers, agents or employees in such action or proceeding, including but not limited to, legal costs and attorneys' fees. 5.0 TERM 5.1 Term. Unless earlier terminated in accordance with Section 5.2 below, this Agreement shall continue in full force until March 28, 2005. R:\USERS\WPPUBLIC\04 Bids\Berryinan&Henigar-Building Inspector.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 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 6.0 MISCELLANEOUS 6.1 Covenant Against Discrimination 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, marital status, national origin or ancestry. 6.2 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. 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:\USERS\WPPUBLIC\04 Bids\Berryman&Henigar-Building Inspector.wpd 6.7 Severability. 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 turisdiction, such invalidity or unenforceability 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, (ii) they are duly authorized to execute and deliver this Agreement on behalf of said party, (iii) by so executing this Agreement, such party is formally bound to the provisions of this Agreement, and (iv) the entering into this Agreement does not violate any provision of any other Agreement to which said party is bound. SIGNATURES ON NEXT PAGE R \USERS\W PPUBLIC\04 Bids\Berryman&Hemgar-Building Inspector.wpd IN WITNESS WHEREOF, the parties have executed and entered into this Agreement as of the date first written above. CITY OF PALM SPRINGS ATTEST: a municipal corporation City Clerk City Manager ��- a'fin .. >`t� 'll Ell 0V Chu n s5 tl E, ax, -A W CONTRACTOR: Berryman &Henigar, Inc Check one:_Individual_Partnership n'Corporation 2001 E First Street Santa Ana, CA 92705-4020 corporations §g ire Iwo notarizeTd s gnatures One from as _of the following A G airman of Beard, President, or any Vine President A DfB—$acre fary,As sla t Secretarvylee surer,Assis[anl Trea sure Y,or Chieftina cm Officer) _p By/ / "" �yF;d(' By. / p "�/ 7$igna<ure (notarize �Signature Name: ��'L',:i';�1 ��_ i�" � J'✓6?'-.-. Name A N��trfind. z.,E� e— Title: �7//a.+,. �,�'s�U7�.1-i Title Address. V­V4b t .�,-y�° d _ Address: f y/�JS�'��� Cd- .rf�7Sl v`?`#-f'y+Y.� ✓a` d^ �L)� �e �C-.a iV 9 C--/,G State Of d,.AlitT f stare oflh�- _ulrYIL counlyof�, J-t.0.Rf'ry o% lss t cau,(nry of ",r!ax r��CB p spps (B On G�VC)/"Jpfore me,______� i __tl.J= — ____, On before me, 1� }- personky appeared r�A=(f '/'- R„ts 1t7% �— personally ppeared personally known to me (or proved to me on the basis of personally known to me (or proved to me on [Up be of satisfactory evidence) to be the person(s) whose main e(s) satisfactory evidence) to be the persons) whose name(s) 60e subscnbvd to the within Instrument and ack,Uwledged is/�asubscnbed to the within instrument and acknowledged to me that 6.Ishe/they executed the same me i�'/her/then to me that he/shoFN.cy executed the same in h,xctrd 4 err aulhonzed c�pacityQes), and that by hi her/then s"i gnature(s) authorized capamty(tes), and that by his/trerN+rmr+signature(s) on the instrument the person(s), or(�entlty upon behalf of on the instrument the person(s), or the entity upon behalf of which the person(s)acted,executed the instrument which the person(s)acted,executed the in drae t f ✓ � WITNESS my hand and ofbmel seal WITNESS myr,6 and fl1 s1 Notary Signature: /ul_,_,uL^--__-- Notary Signature: Notary Seal: Notary Seal: Lrrr' id: r _ +�mrenissir S ➢�.5"c'P� *- MARYK.CASW ELL COMMI l�n#➢4 tin tL4,f r+J Pub:irc CaFROMIaa v•; OR7t3E ;) il crefngt= County p z e �' Ni Pi Ct±Pdfn'ttrl.y 5 t� C, re�rntr.F-"res fcfa 9,2'L'tF5 r err iHege CeOttEy ;, _ MN�+�"Im.Expires Apr➢,c"t➢t➢7 RAUSERS\WPPUBLIC\04 Bids\Berryman&Henigar-Building Inspector.wpd _�,.._. d , 3�u i, .. �, r �� a .. .� "� EXHIBIT "A" SCOPE OF SERVICES Contractor shall provide temporary building inspection services on an as-needed basis. Services provided by Contractor shall be performed by ICBO-qualified personnel. Dana Andrews and/or AI Almond are approved to provide services hereunder Contractor must receive approval from the City's Contract Officer prior to utilization of other personnel to provide building inspection services. Services shall be provided only as directed by the City's Contract Officer. SPECIAL REQUIREMENTS: Section 4 1 (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 claim 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. Replace 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:\USERS\WPPUBLIC\04 Bids\Berryman&Henigar-Building Inspector.wpd SCHEDULEB SCHEDULE OF COMPENSATION Total compensation for building inspection services provided shall not exceed $24, 990. Compensation shall be billed at an hourly rate of $74.00 per inspector plus $0.375/mile for actual mileage Invoices shall be submitted on a regular basis, at an interval arranged with the City's Contract Officer. R:\USERS\WPPUBLIM04 Bids\Berryman&Henigar-Building Inspector.wpd ACORM CERTIFICATE OF INSURANCE 998 DATE 5127/04 PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND 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 License No.OC24310 POLICIES BELOW. P.O. Box 85638 COMPANIES AFFORDING COVERAGE San Diego,CA 92186-5638 MST#5 COMPANY A TRAVELERS INDEMNITY CO. OF ILLINOIS LETTER INSURED COMPANY B NO COVERAGE ON THIS DOCUMENT LETTER Berryman&Henigar Enterprises COMPANY C NO COVERAGE ON THIS DOCUMENT Berryman&Henigar,et al LETTER 11590 West Bernardo Court COMPANY D NO COVERAGE ON THIS DOCUMENT San Diego,CA 92127-1624 LETTER COVERAGES THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE 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 LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS CO TYPE OF INSURANCE POLICY NUMBER POLICY POLICY EXPIRATION LIMITS LTR EFFECTIVE DATE DATE IMMIODIYY) (MM/DDM) GENERAL LIABILITY GENERAL AGGREGATE $"•^••••'2,000,000 ® COMMERCIAL GENERAL LIABILITY 630 525D5655 12/31/03 12/31/04 PRODUCTS-COMP/OP AGG V.....—2,000,000 A ❑CLAIMS MADE E OCCUR PERSONAL&ADV INJURY $"^•^•"1,000,000 E OWNER'S&CONTRACTOR'S PROT EACH OCCURRENCE $'" 1-.1.000,000 FIRE DAMAGE(Any one lire) S.........1.100.000 MED EXPENSE(Anyone person) P.—.^••••••5,000 AUTOMOBILE LIABILITY COMBINED SINGLE E ANYAUTO 810525D5655 12/31/03 12/31/04 LIMIT $•••^"'9,000,000 ALL OWNED AUTOS BODILY INJURY A SCHEDULED AUTOS (Per person) $...................0 HIRED AUTOS BODILY INJURY NON-(OWNED AU r05 (Per accident) $•'"••••••...... ^0 GARAGE LIABILITY PROPERTY DAMAGE $"'"•••••.......1•10 EXCESS UASILIIY EACH OCCURRENCE $••"•••"•5,000,000 A E UMBRELLA FORM CUP 525D5655 12/31/03 12/31/04 AGGREGATE $"•'^"'5,000A00 OTHERTHAN UMBRELLA FORM ❑STATUTORY LIMITS WORKERS'COMPENSATION EACH ACCIDENT $•••^••••••••""••^0 AND DISEASE-POLICY LIMIT $••^•^••`••^•^ 0 EMPLOYERS'LIABILITY DISEASE-EACH EMPLOYEE $•...... ........0 OTHER NO COVERAGE DESCRIPTION OF OPERATIONSILOCATIONSIVFIIICLESISPECIAL ITEMS "10 days notice of cancellation applies to non-payment RE. AGREEMENT FOR BUILDING INSPECTION SERVICES CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF,THE ISSUING COMPANY WILL ENDEAVOR TO CITY OF PALM SPRINGS MAIL 311 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE ATTN: TROY L. BUTZIAFF/ASSISTANT CITY MANAGER LEFT. BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR 3200 TAHQU ITZ CANYON WAY LIABILITY OF ANY HIND UPON THE COMPANY,ITS AGENTS OR REPRESENTATIVES PALM SPRINGS, CA 92262 AUTHORIZED REPRESENT E T et ACORD 25-S(7190) © RD RRPORATION 1990 THE CERTIFICATE HOLDER IS NAMED AS ADDITIONAL INSURED PER THE ATTTACHED EN RSEMENT 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 2 04 5 NE 41" Street Pleasanton, CA 94588-3241 Ocala, FL 34479 674 NE 51h Street 78-060 Calle 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 3006 Fuhrman Avenue East Jacsonville, FL 32216 Seattle, WA 98102 4 Hargrove Office Center, Unit B Palm Coast, FL 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 that the 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 slated 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- Il. 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. CG D2 46 10 02 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 Insurer which Issued a policy of the claim or defense against the"suit,"and insurance that may provide coverage for otherwise comply with policy conditions. 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 insurance. to, any insurer which has issued a policy of d) Agree to make available any other insurance in which the additional insured insurance that the additional insured has qualifies as an insured. For purposes of this for a loss we cover under this endorsement. CG D2 46 10 02 Copyright,The Travelers Indemnity Company, 2002 AI:/N:IIa CERTIFICATE OF INSURANCE 0 EB OATS //04 SER75159 No 109333' 5/27/04 PRODUCER ITHIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND Barney & Barney, LLC-CA LiC0003950 CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE Barney Barney, nc-CA LiCOC24310 DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE Y Y r POLICIES BELOW. P .O . Box 85638 San Diego, CA 92186-5638 COMPANIES AFFORDING COVERAGE (858) 457-3414 COMPANY HARTFORD ELITE COMP - HARTFORD INS . Mst# : 6164 LETTER A CO. OF THE MIDWEST COMPANY NO COVERAGE ON THIS DOCUMENT INSURED BERRYMAN & HENIGAR, INC. ; LETTER B GOVPARTNER.COM; ET AL, SEE COMPANY NO COVERAGE ON THIS DOCUMENT ATTACHED LETTER C ATTN: SHERRY HENNES NO COVERAGE ON THIS DOCUMENT 11590 WEST BERNARDO CT. , #100 LETTERNY D SAN DIEGO CA 92127 COMPANY E NO COVERAGE ON THIS DOCUMENT LETTER COVERAGES THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE 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.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. COI TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE POLICY EXPIRATION LIMITS LTR- DATE(MM/OD/YY) DATE(MM/DD" GENERAL LIABILITY GENERAL AGGREGATE $ COMMERCIAL GENERAL LIABILITY PRODUCTS-COMP/OP AGG S CLAIMS MADE OCCUR NO COVERAGE ,PERSONAL&ADV INJURY -$ *********O OWNER'S&CONTRACTOR'S PROT EACH OCCURRENCE !$ *********0 `FIRE DAMAGE(Any one fire) $ *********O MED.EXPENSE(Any one person) S AUTOMOBILE LIABILITY ANY AUTO I COMBINED SINGLE MIT $ *********0 ALL OWNED AUTOS BODILY INJURY SCHIELD LED AUTOS (Per person) ;$ ******'***Q HIRED AUTOS NO COVERAGE 'BODILY INJURY NON OWNED AUTOS (Per accident) $ *********Q GARAGE LIABILITY PROPERTY DAMAGE .EXCESS LIABILITY EACH OCCURRENCE $ *********Q UMBRELLA FORM NO COVERAGE AGGREGATE .$ *********0 OTHER THAN UMGRELIA FORM WORKER'S COMPENSATION XBTATUTORY LIMITS A, AND 72WESH9069 (CA) 09/30/03 09/30/04;EACHACCI❑ENT ;$ *1, 000, 000 EMPLOYERS'LIABILITY DISEASE-POLICY LIMIT $ *1, 000, 0 0 0 DISEASE-EACH EMPLOYEE 01, 000, 000 OTHER DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES/SPECIAL ITEMS *10 DAYS NOTICE OF CANCELLATION APPLIES TO NON-PAYMENT. RE: AGREEMENT FOR BUILDING INSPECTION SERVICES CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILL ENDEAVOR TO CITY OF PALM SPRINGS MAIL 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE ATTN: TROY L. BUTZIAFF, LEFT, BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR ASSISTANT CITY MANAGER LIABILITY OF ANY KIND UPON THE COMPANY, ITS AGENTS OR REPRESENTATIVES. 3200 TEHQUITZ CANYON WAY PALM SPRINGS GA 92262 AUTHORIZED HEPRESENTPXTE , ACORD 25-S(7/90) ' PlACOROCO ORATION1990 Client#: 5134 BERRYHENI A DM.., CERTIFICATE OF LIABILITY INSURANCE 0DATE MM 5/25/04 DNn 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 INSURER B 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 ILTR TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE PDAITE MMIDDIYIVN LIMITS GENERAL LIABILITY EACH OCCURRENCE $ COM MERCIAL GENERAL LIAR ILITY FIRE DAMAGE(Anyone 9re) $ CLAIMS MADE ❑OCCUR MED EXP(Any one person) $ PERSONAL B ADV INJURY $ GENERAL AGGREGATE $ GENE AGGREGATE LIM ITAPPLIES PER PRODUCTS -COMPIOPAGG $ POLICY IJ PRO- ECT LOC AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT ANY AUTO (Ea accident) $ ALL OWNED AUTOS BODILY INJURY $ SCHEDULED AUTOS (Per person) HIRED AUTOS BODILY INJURY $ NON-OWNED AUTOS (Per accident) PROPERTY DAMAGE $ (Per accident) GARAGE LIABILITY AUTO ONLY-EA ACCIDENT IS ANYAUTO OTHERTHAN EAACC S AUTO ONLY: qGG $ EXCESS LIABILITY EACH OCCURRENCE $ OCCUR CLAIMS MADE AGGREGATE $ DEDUCTIBLE $ RETENTION $ $ EACH E WORKERS COMPENSATION AND WCSTATU- OTH- EMPLOYERS'LIABILITY LIMITS R ElEACH ACCIDENT $ EL DISEASE-EA EMPLOYEE S E.L.DISEASE-POLICY LIMIT 1$ A OTHER Professional AEE1969090103 12/12/03 12/12/04 $1,000,000 Per Claim Liability $2,000,000 Annl Aggr. DESCRIPTION OF OPERATIONSILOCATIONSNEHIGLESIEXCLUSIONS ADDED BY ENDORSEMENT/SPECIAL PROVISIONS Re:Agreement for Temporary Building Inspection Service. CERTIFICATE HOLDER ADDITIONALINSURED;INSURERLSWER: CANCELLATION Ton Day Notice for Non-Payment of Premium SHOULD ANYOFTH E ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE TH E EXPIRATION City of Palm Springs DATE THEREOF, THE ISSUING INSURER WILL%Xk6%%%XTP MAIL30_DAYSWRITTEN Troy L.Butzlaff/ABEL City Manager NOTICETOTHE CERTIFICATE HOLDER NAMED TOTHE LEFT,BRRIXgG�tl)LrRxp]p➢J;GR3{p(/lIX](x 3200 Tahquitz Canyon Way x Palm Springs,CA 92262 J�WR76RRW14X7 x AUTHORIZED REPRESENTATIVE ACORD 25-S(7197)1 of 1 #M81632 GSM 0 ACORD CORPORATION 1988 L rA Vac. J- l-0''1- Berryman & Henigar Letter Agreement Build Insp pa i AGREEMENT #4886 3-23-04 City of Palm -pring - Office of the City Manager . ,.,. 3200"Ihhqu¢z Gaoyo.Way • Palm Spnnge,CaliEom�a 92262 " ✓ TEL(760)323-8201 • fAX (760)323-8207 •TDD:(760)864-9527 March 26, 2004 George Wentz, Senior Vice President [MAR 3 1 2004 Berryman & Henigar R 2001 East First Street BERRY MAN&HE: -'„- Santa Ana, CA 92705-4020 SANTA ANA RE: Letter Agreement for Temporary Building Inspection Services Dear Mr. Wentz: It is the intent of this correspondence to establish, by letter agreement (hereinafter "Letter Agreement"), a contractual relationship between you (hereinafter "Contractor") and the City of Palm Springs (hereinafter "City") to provide temporary building inspection services (hereinafter "Project"). Both the personnel and the services to be performed under this Agreement shall be provided in accordance with the proposal from William (Bill) Makshanoff, Director of Building and Safety, dated March 23, 2004, and attached hereto as Exhibit "A". The City and Contractor both acknowledge that a formal Contract Services Agreement is now being prepared and that until such an agreement is finalized and executed by and between the parties the provisions of this Letter Agreement shall control. City acknowledges that Contractor has proposed an hourly rate of seventy-four dollars ($74.00) per inspector plus $0.375/mile for actual mileage. In no event should Contractor's billings under this Letter Agreement exceed a total of Ten Thousand Dollars ($10,000) without prior written authorization by the City. In the unlikely event that a Contract Services Agreement is not executed, the City agrees to pay for all work actually performed. City shall make payment to Contractor within thirty (30) days after approval by City of an itemized invoice prepared and furnished by Contractor. The City and Contractor both acknowledge their respective duties and responsibilities. As a condition to this Letter Agreement, Contractor agrees to maintain at all times throughout the entire term of this Letter Agreement the following policies of insurance: a) Workers' Compensation Insurance. The Contractor shall furnish to the City a certificate of insurance as proof that he has taken out full workers' compensation insurance, in accordance with the laws of the State of California, for all persons whom Contractor may employ directly or through subcontractors in carrying out the work specified herein. Such insurance shall be maintained in full force and effect during the period covered by this contract. b) General Liability. Insurance. For all operations of the Contractor or any sub- contractor in performing the work provided for herein, the Contractor shall obtain and maintain in full force and effect throughout the entire term of this Agreement, a broad form comprehensive general liability (occurrence) policy within a minimum limit of One Million Dollars ($1,000,000) aggregate and One Million Dollars Post Office Box 2743 0 Palm Springs, California 92263-2743 Letter Agreement for Temporary Building Inspection Services March 26, 2004 Page Two ($1,000,000) per occurrence for bodily injury and property damage. The insurance shall protect the applicant and the City from any claim for damages for bodily injury, including accidental death, as well as from any claim for property damage which may arise from operation performed by the applicant, its agents, employees, and/or subgrantees. Copies of the policies or endorsements evidencing the required insurance coverage shall be filed with the City Clerk prior to beginning work. c) Business Automotive Insurance. A policy of comprehensive 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. In addition to the coverage described above, Contractor agrees to hold harmless, indemnify, and defend City, its officers, employees, agents, representatives, and successors-in-interest: against any and all loss, damage, cost, or expenses which City, its officers, employees, agents, representatives, and successors-in-interest may incur or be required to pay by reason of any, injury or property damage caused or incurred by Contractor, its employees, subcontractors, or agents in the performance of this Letter Agreement. The parties intend that Contractor shall perform the services required by this Letter Agreement as an independent Contractor engaged by City and not as an officer or employee of City nor as a partner of or joint venture with City. The term of this Agreement is for a period of thirty (30) days commencing March 29, 2004. The City reserves the right to terminate this Letter Agreement by providing a written "Notice of Termination" to Contractor at least five (5) days prior to the date of termination specified in said Notice. However, in no event shall this Letter Agreement remain valid past April 30, 2004 unless otherwise extended by written approval of the City. Should this Letter Agreement be acceptable to you, please sign this letter at the space provided and return the original to this office. A copy of this correspondence will be mailed back to you for your records. I look forward to working with you on this project. If you have any questions or need further clarification regarding this matter, please contact me at your earliest convenience. Sincerely, ro L. Bu s tant C ager In Agreeme BY: Date 1 Attachment: Exhibit"A" Contractor's Proposal March 23, 2004 Mr. Troy L. Butzlaff Assistant City Manager City of Palm Springs 3200 E. Tahquitz Canyon Way Palm Springs, CA 92262 RE: Contract Building Inspection Services Dear Mr. Butzlaff: We appreciate your consideration of our firm, Berryman & Henigar, Inc. in your efforts to obtain building inspectors to assist in the growth of your City. I had the opportunity to personally meet with Mr. Don Duckworth, Building & Safety Manager, last week on March 16, 2004 to also discuss the City's needs. Enclosed for your review are the resumes of two individuals who can begin work the week of March 30, 2004. As you can see, both of these gentlemen have extensive experience and the requisite certifications and are available to begin work with your notice to proceed. Both will reside in the Palm Springs area to assure a high level of response to the City. We are proposing an hourly rate of seventy-four dollars ($74.00) phis $0.375/mile for actual mileage on the job. If this is satisfactory to you, please forward the City's contract documents, and a summary of the required insurance certificates. Please direct these docurents to my attention at the address below. I'll call you in the next day or two regarding this matter. hi the meantime, if I may be of further service to you, please call me at (714) 568-7300, ext 7492. We look forward to hearing from you soon. Sincerely, William (Bill) Makshanoff, CBO Director of Building & Safety Encl WM:ps Cc: Mr. George Wentz, Sr. Vice President 2001 E.First Street Santa Ana, CA 92705 Tel: (714) 568-7300 Fax: (714)541-1029 www.bhiine.com An Equal Opportunity Employer DANA ANDREWS Building Inspector Education & Registrations Arizona State Carpenters Apprenticeship, 1984, #42288 Journeyman Carpenter Certification Certified Electrical Inspection, ICBO, #1023485-20 "Mr. Andrew's 20 year history e p inspection and project management Certified Mechanical Inspector, ICBO, 1023485-40 of commercial and residential Certified Plumbing Inspector, ICBO, 1023485-30 installations makes him a great Certified Building Inspector, ICBO, #77616 asset to the Berryman &Henigar Certified Combination Inspector, ICBO, #1023485-15 team." Certified Accessibility / Usability Specialist, ICBO, #1023485-15 Certified Plans Examiner, ICBO, #1023485-60 International Association of Plumbing and Mechanical Officials, #95687 EXPERIENCE _ Building Inspector, City of Irvine, CA (2000 — 2003) Under the General Direction of the Chief Building Inspector, inspected nonresidential and residential building construction during the progress of building construction or repair to ensure compliance with California State Building Codes, City Regulations and Ordinances and approved plans; inspects for hazardous conditions and orders necessary corrections; interprets codes and regulations as directed, and advises on installations and materials; reviews plans to determine conformance. Assistant Superintendent, Grove Inc., Centennial High School $30 Mil., Las Vegas, NV (1999) Implement and maintained production schedule; daily reports and inspection logs-, update and maintain as-built drawings; inspect and monitor sub-contractors quality standards of building practices and enforce full scope of work per contracts. Perform Quality Assurance inspections for all trades during all phases of construction; Held weekly subcontractor meetings and project meetings with architects, engineers and owners. Superintendent, Pace Construction, Western High Tech Center $3.8 Mil., Las Vegas, NV (1998) Implement and maintain production schedule. Inspect and monitor building standards of sub-contractors and enforce full scope of work per contracts. Conduct Quality Assurance inspections and weekly project meetings. Code Compliance/ Quality Assurance Inspector, Parson Fleming Taylor, Las Vegas, NV (1997 — 1998) Inspect site and building construction to ensure compliance with plans, specifications, local, state and federal regulations and ordinances and all building codes (UBC, UMC, UPC, NEC) Combination Dwelling Inspector, City of North Las Vegas, NV (1995 — 1997) Review approved plans, specification and structural calculations. Inspect all phases of construction (Building, Electrical, Mechanical, and Plumbing) for compliance with contract, codes and local ordinances. Researched new/alternative materials used on construction site. Prepare notice of non-compliance/correction report and record inspection results. Review plans at Permit Application Center for plan approval. Berryman & Henigar Al Almond Senior Building Inspecto- r EXPERIENCE _ Mr. Almond is an ICBO Certified Building Inspector as well as an ICBO Certified Mechanical, Electrical and Plumbing Inspector. Most recently, Mr. Almond successfully completed the Building Plans Examining course and is ICBO certified. In addition to his city experience, his relevant experience is in representing the general contractor and developer to users and owners of projects by coordinating, directing and supervising all on-site/off-site construction activities for the following projects: City of Laguna Niguel, CA. Provided "as needed" over the counter plan check services to applicants, assisting permit technician with project valuations and customer service. Performed residential building inspections as required by Building Official. City of Irvine, CA. Served the City of Irvine as a Residential Building Inspector for a 750 unit apartment home project from January 2003 to July 2003. City of Placentia, CA. Provided full time building inspections services and "as needed" front counter assistance as requested by Building Official for residential and commercial projects. Assignment was from October 2001 to January 2003. Project Manager/Builder, Mother's Market & Kitchen. Oversaw all phases of new construction and from ground to finish for two new stores and two major remodels while supervising a crew of up to 25 employees for all four business locations. Project Manager, Bayside Square - Corona del Mar $7.5M. Core and-Shell and tenant improvement. Responsibilities included inspecting all areas for quality and safety assurance to code compliance. Project Manager, Taco Bell Corporate Headquarters - Irvine $2.5M. 103,000 sq.ft. tenant improvement project completed in 15 weeks. Project Manager, Hutton Center - Santa Ana $2.5M. Twin eight-story buildings tenant improvements. Project Manager, Providence Medical Building - Orange $3M. Six-story tenant improvement project. Project Manager, Wesper Corp - Irvine $2M. 83,000 sq.ft. tenant improvement project completed in 10 weeks. Project Manager, Jamboree Center- Irvine $40M. Twin 12-story core and shell building plus tenant improvement project. Berryman & Henigar M E M O R A N D U M TO: \ I Trisha Sanders, City Clerk `N` FROM: Kathie Hart, Interim Chief Deputy City Clerk DATE: June 1, 2004 SUBJECT: Agreements w/ Berryman & Henigar A4886 —Temporary Bulding Inspection Services Terms: March 29—April 30, 2004 not to exceed $10,000.00 A4887—Temporary Engineering Services Terms: April 28 to May 28, 2004 not to exceed $15,000.00 cc: File—A446 File —A447 Noted discrepancies during the review of the above letter agreements: 1. The above letter agreements were entered into by the Assistance City Manager. 2. We have only been supplied with copies of the above agreements. My understanding is that this office retains the original copy of all agreements, contracts, MOU's, and other legally binding documents. /kdh ACOR1Dm C�,RTIwlcw E�'r II SVRW�: 98� PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND 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 License No.OC24310 POLICIES BELOW. P.O.Box 85638 COMPANIES AFFORDING COVERAGE San Diego,CA 92166-5638 MST#5 COMPANY A TRAVELERS INDEMNITY CO.OF ILLINOIS LETTER INSURED COMPANY B NO COVERAGE ON THIS DOCUMENT LETTER Berryman&Henigar Enterprises COMPANY C NO COVERAGE ON THIS DOCUMENT Berryman&Henigar,et al LETTER 11590 West Bernardo Court COMPANY D NO COVERAGE ON THIS DOCUMENT LETTER San Diego,CA 02127.1624 I ill,�COVERIo ., , I. . L THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT,TERM OR CONDITION OFANY CONTRACT OR OTHER DOCUMENT WITH RESPECTTO 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. LIMITS SHOWN MAY HAVE BEEN REDUCED BYPAID CLAIMS. CO TYPE OF INSURANCE POUCYNUMBER POLICY POUCYEXPIRATION LIMITS LTR EFFECTIVE DATE DAMIAM' IN" (MWDDW) GENERAL LIABILITY GENERAL AGGREGATE §•........zwotc00 ® COMMERCIAL GENERAL LIABILITY 630525D5655 12/31103 1213l/D4 PRODUCTS-COMWDPAGG. S•"`•—2,000,000 El CLAIMS MADE 0OCCUR PERSONAL A AOV.INJURY g«^•»•••1,000,000 A ® OWNERS&CONTRACTOR'S PROT. EACH OCCURRENCE S•'•••...1,000,ODO FIRE DAMAGE(Any one fire) S••'»••»»T00,000 MED.EXPENSE(Anronu p:r ) §•""'••"••••$,000 AUTOMOEIIE LABILITY COMBINED SINGLE ® ANY AUTO 810 525D5655 12f31103 12131/04 LIMIT S.11" "1.00o,GOo E] ALL OWNED AUTOS BODILYINJURY A El SCHEDULEDAVTOS (PCr PeROA) S.u.»...»»«....«0 HIREDAUTOS BODILY INJURY [] NON.OWNEDAUTOS (Paremdmt) §..»»..»........0 [] GARAGELIABILITY PROPERTY DAMAGE §•»•••.r».».»...0 EXCESSLIA9ILITY EACH OCCURRENCE §-«"S.CW.00p A ® UMSRELLAFORM CUP 525135655 12131103 1213l/04 AGGREGATE §•^"•••••5.000.000 [] OTHER THAN UMBRELIA FORM ;LIiII:[15 ;n15',GI,Ib:. �rnL's l' ❑STATUTORY LIMB$ - WORKERS'COMPENSATION EACH ACCIDENT sue••»'•'•»'^•'••p EN AND DISEASE—POLICYLIMIT §.......••'•^'••p EMPLOYERS'LIABILITY DISEASE-EACH EMPLOYEE §•••+•'•••••••»•••p OTHER NOCOVERAGE DESCRIPTION OF OPERATIONSLOCATIONSNEHICLESISPECIAL ITEMS '10(Jays notice of Cancellation applles to non-payment RE: TEMPORARY BUILDING INSPECTION SERVICES .: .. . ... r.. 77777 .CERTIFIQ'kT.E WOLOER ,,:1, ,., ELLTI ;Y,ii!;i:'.'.,.'+:, SHOULD ANY CF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE 'i EXPIRATION OAI E THEREOF,THE ISSUING COMPANY WILL ENDEAVORTO THE CITY OF PALM SPRINGS MAIL l DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE ATTN: OFFICE OF THE CITY MANAGER LEFT, BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR 3200 TAHGUITZ CANYON WAY LIABILITY OF ANY KIND UPON THE COMPANY,ITS AGENTS OR REPR NTP1IVEG. PALM SPRINGS, CA 92252 AUTHORIZED REPRESENTATIVE 00 ACORD 25S5(7J9D) THE CERTIFICATE HOLDER IS NAMED AS ADDITIONAL INSURED PER THE A ACHED ENDORSEMENT 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 4151 Street Pleasanton, CA 94588-3241 Ocala, FL 34479 674 NE 5`h Street 78-060 Calle 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 3rtl 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 3006 Fuhrman Avenue East Jacsonville, FL 32216 Seattle, WA 98102 4 Hargrove Office Center, Unit B Palm Coast, FL COMMERCIAL GENERAL LIABILITY POLICY NO, 630 525D5655 THIS ENDORSEMENT CHANGES THE POLICY.PLEASE READ IT CAREFULLY BLANKET ADDITIONAL INSURED (CONTRACTORS) Additional Insured: THE CITY OF PALM SPRINGS, ITS OFFICERS, EMPLOYEES, AGENTS REPRESENTATIVES,AND SUCCESSORS-IN-INTEREST This endorsement modlRed insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART COMMERCIAL GENERAL LIABILITY—CONTRACTORS PART f. 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"pmperty damage"caused by"your work' include as an additional insured an 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 lass 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 addlllonal 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 that the limits of liability slated 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 pulley period and signed and executed insured at the time"your work"is performed. by you prior to the loss forwhlch 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 Ilabilily 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 surveyors 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 o to are insurance by the method described in the policy. t p 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- 11. Supervisory or inspection activities per-formed rence"or offense which may result in a clalm as part of any related architectural and prompt written notice of"suit'. or engineering activities. CG 02 46 10 02 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 Ensurer which issued a policy of insurance that may provide coverage for otherwise comply with policy conditions, 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 insurance. to,any insurer which has issued a policy of d) Agree to make available any other insurance in which the additional insured insurance that the additional insured has qualifies as an insured.For purposes of this for a loss we cover under this endorsement. CG D2 46 10 02 Copyright,The Travelers Indemnity Company,2002 Client#: 5134 BERRYHENI ACORDTM CERTIFICATE OF LIABILITY INSURANCE DATE 104 oa/o2oa DW) 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 2001 East First Street _INSURERS 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 INSR POLICY EFFECTIVE POLICY EXPIRATION LTR TYPE OF INSURANCE POLICY NUMBER DATE MMIDDIYY DATE MMIDDIYY LIMITS GENERAL LIABILITY EACH OCCURRENCE $ —COM M ERCIAL GENERAL LPE LITY FIRE DAMAGE(Any one fire) $ CLAIMS MADE ; OCCUR MED EXP(Any one person) 5 PERSONAL&ADV INJURY 5 li GENERAL AGGREGATE $ GEN'L AGGREGATE LIM ITAPPLIES PER: PRODUCTS-COMPIOPAGG $ POLICY JEOT LOC AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $ ANY AUTO (He accident) ALL OWNED AUTOS BODILY INJURY SCHEDULED AUTOS (Per person) $ HIRED AUTOS BODILY INJURY NON OWNEDAUTOS (Per aCedent) $ ----- --- PROPERTY DAMAGE $ (Per acmtleny GARAGE LIABILITY AUTOONLY-EAACCIDENT $ l _ ANY AUTO OTHERTHAN EA ACC $ AUTO ONLY: ASS $ EXCESS LIABILITYI I EACH OCCURRENCE $ ---I OCCUR L—_1 CLAIMS MADE AGGREGATE _— $ DEDUCTIBLE $ --� RETENTION $ $ —— WORKERS COMPENSATION AND WCGTATU- OTH- MI ER EMPLOYERS'LIABILITY I E.L.EACH ACCIDENT £ E.L DISEASE-EA EMPLOYEE § E.L.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 OPERATIONSILOCATIONSNEHICLESIEXCLUSIONS ADDED BY ENDORSEMENT/SPECIAL PROVISIONS Re: Temporary Building Inspection Services CERTIFICATE HOLDER ADDITIONAL INSURED;INSURER LETTER: CANCELLATION r SHOULD ANYOF THE ABOVE D ESCRIBED POLICIES BE CANCELLED BEFORE]HE EXPIRATION City of Palm Springs DATE THEREOF, THE ISSUING INSURER WIU-AXR5rMX3P MAIL 3Q—DAYSWRITTEN Attn: Office of the City Manager NOnCETOTHE CERTIFICATE HOLDERNAMED TOTHE LEFT,ByD(rJ(+Jyxl(I )n0AXAR)Nr"XX 3200 Tahquitz Canyon Way x Palm Springs,CA 92262 XIRFFA35%J4XW%"X AUTHORIZED REPRESENTATIVE ACORD 25-S(7/97)1 Of 1 #M81632 —ALL © ACORD CORPORATION 1988 AV'Oltb. CERTIFICATE OF INSURANCE ISSUE DATE(MMNDIYY) BER75159 NO 108'178 04/02/04 PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONUff AND Barney & Barney, LLC-CA Lic 0003950 CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE Barney & Barney, Ina-CA L1COC24310 DOLS NOT MEND, EXTEND OR ALTER THE COVERAGE AFFORDED E�Y THE P.O. Box 85638 San Diego, CA 92186-5638 COMPANIES AFFORDING COVERAGE (858) 457-3414 'COMPANY A HARTFORD ELITE COMP - HARTFORD INS. Mst#: 6164LETTER CO. OF THE MI➢WEST :COMPANY 6 NO COVERAGE ON THIS DOCUMENT INSURED BERRYMAN & HENIGAR, INC. ; «TER GOVPARTNER.COM; ET AL, SEE :COMPANY NO COVERAGE ON THIS DOCUMENT ATTACHED LETTER L ATTN: SHERRY HENNES COMPANY NO COVERAGE ON THIS DOCUMENT 11590 WEST BERNARDO CT. , #100 ;LETTER D SAN DIEGO CA 92127 COMPANY E NO COVERAGE ON THIS DOCUMENT LETTER COVERAGES THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE 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 RESPECTTO 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 OR SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS, CO TYPE OF INSURANCE POLCYNUMBER pATE(RAM/DD�l1'1N'J�POATE IM1IMIpp EXPIRATION LIMITS GENERAL LIABILITY GENCPALAGGREGATE E*********0 COMMERCIAL GENERALUABUTY PRODUCTS-COMP/OPAGG ;g*********0 CUVMS MADE OCCUR.. NO COVERAGE PRGONAL A ADV INJURY S*********Q OWNER'S A CONTRACTOR'S PROT. EACH OCCURRENCE 5****_**,*•k*0 FIRE DAMAGE(Any one llre) ,E*********O MET EXPENSE IAnV me Wann)S**#*** AUTOMOBILE LIABILITY COMBINED SINGLE ANY ALTO UMR ALL OWNED AUTOS BODILY INJURY _ SCHEDULED AUTOS (Pe".e. ) HIRED AUTOS NO COVERAGE BODILY INJURY NON-OWNED AUTOS UP ocdd.l) GARAGE LIACURY PROPERTY DAMAGE 'S******•k** EXCESS LIABIUTY EACH OCCURRENCE UMBRELLA FORM NO COVERAGE 'AGGREGATE OTHER THAN UMRPELIA FORM WORKER'S COMPENSATION X STATUTORY LIMITS A AND 72WE9H9069 (CA) 09/30/03 09/30/04_EACH ACCIDENT 'O*1, 000, 000 EMPLOYERS'LIABILITY OISE/SE—POLICY LIMIT S*1r000r000 DISEASE—EACH EMPLOYEE :S*'1 000 000 OTHER DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES/SPECIAL ITEMS *10 DAYS NOTICE OF CANCELLATION APPLIES TO NON-PAYMENT. RE: TEMPORARY BUILDING INSPECTION SERVICES CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILL ENDEAVOR TO THE CITY OF PALM SPRINGS MAIL -in DAYS WRITTEN NOTICE 70 THE CERTIFICATE HOLDER NAMED TO THE ET AL (SEE ATTACHED) LEFT. BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR ATTN: OFFICE OF THE CITY MGR. LIABILITY OF ANY KIND UPON THE COMPANY, ITSAGENTS OR REPRESENTATIVES. 3200 TAHGUITZ CANYON WAY PALM SPRINGS CA 92262 AUTHORIZED REPRESENTATIVE ADMIT M-$ � � O ❑COMMON IM ATTACHMENT Client ID: BER75159 Master#: 6164 Record#: 108178 CONTINUATION OF CERTIFICATE HOLDER: ITS OFFICERS, EMPLOYEES, AGENTS REPRESENTATIVES, AND SUCCESSORS-IN-INTEREST,