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Home My WebLink AboutJAMES M. MONTGOMERY CONSULTING ENGINEERS INC - 1992-03-02ti CITY OF HUNTINGTON BEACH 2000 MAIN STREET OFFICE OF THE CITY CLERK CONNIE BROCKWAY CITY CLERK November 7, 1994 Ashok K. Dhingra, Vice -President Montgomery Watson 301 North Lake Avenue, Suite 600 Pasadena, CA 91101 Dear Mr. Dhingra: CALIFORNIA 92648 The City Council of the City of Huntington Beach at their meeting held June 20, 1994 approved Amendment No. 2 to Professional Services Contract Between the City of Huntington Beach and Montgomery Watson Americas, Inc., Consulting Engineers, for Construction Services Regarding the Central Library Expansion Project. Thank you for the corrected signature page to the contract. Enclosed is a copy of the executed agreement for your records. If you have any questions regarding this matter please call the Office of the City Clerk (714) 536-5227. Connie Brockway City Clerk Evelyn Schubert Deputy City Clerk cc: Don Noble, Public Works Department g:cc\cbmemkJhingra (Telephone: 714-536-5227) REQM> a FOR CITY COUNCi,--ACTION Date June 20, 1994 Submitted to: Mayor and City Council Michael T. Uberuaga, City Administrator �,� Submitted by: Louis F. Sandoval, Director of Public Works 40i; . -. Pre pared by: P Ron Hayden, Director of Library I �' CITY COUWJ Subject: Central Library Improvements Construction Management Services lq Consistent with Council Policy? [ X] Yes [ ] New Po ' crrY Lot Statement of Issue, Recommendation, Analysis, Funding Source, Alternative Actions, Attachments: STATEMENT OF ISSUE: The Professional Services Agreement with Montgomery/Watson must be amended a second time. RECOMMENDED ACTION: Approve the attached, $48,960, contract amendment with Montgomery/Watson. ANALYSIS• Due to the size and complexity of the Central Library Expansion Project, staff recommended that the services of a construction management firm be employed to oversee the construction of these improvements. On March 2, 1992, Council approved an agreement with Montgomery/Watson for these services. The approved cost of these services was $419,783.00. Toward the end of the two phase project, delays were experienced due to the encounter, removal, and spreading of contaminated soil. The construction management services for overseeing these tasks were not included in the original scope of service. Therefore, on April 6, 1994, Council approved a $113,819 amendment to the Montgomery/Watson contract. Most recently, it has become necessary to again expand the scope of Montgomery/ Watson Is contract to include: negotiating final change orders for the two contracts, negotiating a premature conclusion to the parking lot contract, and coordinating the back charge of applicable change order costs to the project architect. The necessity to complete some of these tasks immediately, has resulted in a portion of the services being performed prior to the approval of this amendment. The cost of these services, coupled with a fee for the remaining tasks, has been submitted to staff for review. Staff has reviewed the $48,960 cost proposal and recommends approval of the attached amendment. Plo 5/85 PAGE -2- RCA CENTRAL LIBRARY IMPROVEMENTS - CONSTRUCTION MANAGEMENT SERVICES FUNDING SOURCE• The, recently amended, project budget contains sufficient funds to cover the cost of this amendment. ALTERNATIVE ACTION: Deny approval of the amendment. ATTACHMENTS: Amendment #2 to Montgomery/Watson's contract. LFS:DRN:bh AMENDMENT NO. 2 TO PROFESSIONAL SERVICES CONTRACT BETWEEN THE CITY OF HUNTINGTON BEACH AND MONTGOMERY WATSON AMERICAS, INC., CONSULTING ENGINEERS, FOR CONSTRUCTION SERVICES REGARDING THE CENTRAL LIBRARY EXPANSION PROJECT THIS AMENDMENT NO. 2 is entered into this .215r day of u rn e- 1994, by and between the CITY OF HUNTINGTON BEACH, a municipal corporation of the State of California, hereinafter referred to as "CITY" and MONTGOMERY WATSON AMERICAS, INC. (formerly JAMES M. MONTGOMERY), CONSULTING ENGINEERS, a California corporation, hereinafter referred to as "CONTRACTOR." WHEREAS, CITY and CONTRACTOR are parties to that certain agreement, dated March 2, 1992, and amended on April 6, 1994; and Since the execution of the original agreement and the first amendment thereto, CITY has requested additional work from CONTRACTOR, and CONTRACTOR has agreed to perform such additional work; and CITY and CONTRACTOR wish to amend the original agreement to reflect the extra work to be performed by CONTRACTOR and the additional compensation to be paid in consideration thereof by CITY to CONTRACTOR, NOW, THEREFORE, it is agreed by and between CITY and CONTRACTOR as follows: 1. ADDITIONAL WORK CONTRACTOR shall provide to CITY such additional construction management services as described in CONTRACTOR'S letter dated June 6, 1994, attached hereto as Exhibit "A" and incorporated herein by this reference. 4\s\Agree: Amd. 2 James Montgomery\6/8/94 2. ADDITIONAL COMPENSATION In consideration of the additional services described in Section 1 above, CITY agrees to pay CONTRACTOR a sum not to exceed Forty-eight Thousand, Nine Hundred Sixty and no/100 Dollars ($48,960.00). This additional sum shall be added to the first amended total sum of Four Hundred Forty Thousand Eight Hundred Ninety-five and no/100 Dollars ($440,895.00) for a new total agreement amount of Four Hundred Eighty-nine Thousand, Eight Hundred Fifty-five and no/100 Dollars ($489,855.00). REST OF PAGE INTENTIONALLY LEFT BLANK 2 4\s\Agree: Amd. 2 James Montgomery\6/7/94 3. REAFFIRMATION Except as otherwise specifically modified herein, all other terms and conditions of the Agreement shall remain in full force and effect. IN WITNESS WHEREOF, the parties hereto have executed this amendment by and through their authorized officers as of the date first above written. MONTGOMERY WATSON AMERICAS, INC. CONSULTING ENGINEERS, a California corporation By: Ash ok K. Dhingra, is Pre 'dent By: J C. Calhoun, Asst. Secretary ST: aWW4� City Clerk REVIEWED AND APPROVED: City Administrator 3 4\s\Agree: Amd. 2 James Montgomery\10/5/94 CITY OF HUNTINGTON BEACH, a municipal corporation of the State of California Mayor APPROVED AS TO FORM: /0 12-,r,�ity Attorney INITIATED AND APPROVED: — 62u "it Directo of Public Works MONTGOMERY WATSON 0126.0130.3.1.2 June 6, 1994 City of Huntington Beach Department of Public Works 2000 Main Street Huntington Beach, California 92648 Attention: Mr. Robert E. Eichblatt, Letter No. CMO-062 City Engineer Subject: Central Library Expansion Proposal for Additional CMS Services - 4/4/94 through 6/17/94 Gentlemen: Montgomery Watson (MW) has prepared a "CMS Expenditure Breakdown" that outlines the cost to provide additional services from April 4, 1994 through June 17, 1994. MW would request that the City please issue a contract, for the amount of $48,960.00. MANHOURS TASK DESCRIPTION CM SEC. 1. Anthony & Langford (A&L) change order request negotiation 130 84 • Complete evaluation of 117 A&L change order requests (COR) and assign costs • Attend negotiation meetings with the City and A&L on April 18, May 2, May 16 and May 31, 1994 to negotiate unresolved COR's • Review A&L responses to 41, code 2, unresolved COR's and prepare replies. Meet with City to review positions. • Prepare meeting minutes to above meetings which includes revised spreadsheets • Includes related project correspondence 2. Phase I punchlist completion 41 103 • Assign costs to incomplete phase I punchlist items • Type and issue punchlist update of May 29, 1994 and costs negotiated April 4 and 5, 1994 (108 items) • Type and issue April 18, 1994 punchlist update • Type and issue June 8, 1994 punchlist update (61 items) • Includes related project correspondence 3. Evaluate twenty-two (22) remaining Phase I change order 32 9 requests (COR) which includes related project correspondence 4. Prepare Phase I change order no. 17 26 12 5. Prepare and negotiate Phase I final change order 66 24 • Develop list of credits and values (11 items) • Negotiate COR's and credits (32 COR's and 11 credits) • Prepare final change order and establish disputed amounts • Evaluate time extensions to verify activities on critical path • Includes related project correspondence 301 North lake Avenue Te 1: 818 796 9141 Serving the World's Environmental Needs Suite 600 Fax: 818 568 6101 Pasadena, California 91101 Mr. Robert E. Eichb.__. (CMO-062) -2- TASK DESCRIPTION 6. Monitor remaining City inspection items required for building's final inspection • Install room 218 mock skylight ceiling panels (Fire Dept.) • Fire hydrant at plaza entry (Fire Dept.) • Smoke detectors in return air ducts (Fire Dept.) • Warning system for roll -up doors (Library Staff/Fire Dept.) • Includes related project correspondence 7. Close Phase I contract (record drawings, manufacturer warranties, operation and maintenance manuals, lien releases etc.) • Receive from contractor, inventory, verify compliance with specifications and transmit to Architect • Receive from Architect and turn over to City • Obtain "stop notice" releases • Includes related project correspondence 8. Review Phase II completion status and prepare partial release of retention 9. Prepare and submit Phase II change order nos. 3 and 4 • Evaluate 47 change order requests • Prepare and submit change order no. 4 • Includes related project correspondence 10. Resolve landscaping issues • Prepare and identify areas to be substantially completed • Prepare, type and issue area punch lists • Includes related project correspondence 11. Close out Phase II contract • Prepare final punchlist and assign values • Establish disputed amounts • Prepare scope of work remaining to complete project • Obtain "stop notice" releases • Includes related project correspondence 12. Demobilization • Update final phase I and phase 11 project costs • Prepare project status report with an outline of items requiring attention • Pack documents and ship to Pasadena June 6, 1994 MANHOURS CM SEC. 15 6 M� 1 0 42 11 15 16 22 20 18 1 16 TOTAL MANHOURS 1 414 1 304 Mr. Robert E. Eichbla. ,CMO-062) - 3 - June 6, 1994 Of the above listed tasks, items one (1), three (3), five (5) and eight (8) have been completed. Tasks two (2), four (4), six (6) and seven (7) have been substantially completed with the remaining items to be completed by June 8, 1994. Task nine (9) has been partially completed with seventeen (17) change order requests remaining to be evaluated and change order number four (4) to be prepared, assembled and issued. Task ten (10) has been partially completed, with the punchlist walk through scheduled for June 14, 1994, and the task will be completed on June 16, 1994. Task eleven (11) has not been initiated and requires the City to notify Shawnan Corporation (SC) of the City's intent to terminate the SC contract. Upon SC receiving notification, MW will be able to commence the project closure tasks. Tasks eleven (11) and twelve (12) will be completed by June 17, 1994. The company officers signing the contract for Montgomery Watson Americas, Incorporated will be Ashok K. Dhingra, Vice President and Julius C. Calhoun, Assistant Secretary. If there are any questions, please contact Ash Dhingra at (818) 568-6150 or Steve Davis at (714) 536-5672. Very Truly yours, Ashok K. Dhingra Vice President Authorized to Proceed by Robert E. Eichblatt City Engineer City of Huntington Beach, Ca. SCD/ac Attachment (1) cc: Z. Varga, MW O. Abdel-Aal, MW D. Noble, HBPWD File 126.0130.1.3 Attachment 1 City of Huntington Beach Central Library Expansion Montgomery Watson CMS Expenditure Breakdown Additional Services from April 4, 1994 to June 17, 1994 06/07/94 Contract Item Cost Estimate from 4/04/94 to 6/17/94 Unit Rate I Units Cost Additional Services Contract (Job Numbers 0126.0200/0210/0220) Principal Professional $130 6 $780 Senior Professional $60 3 $180 Construction Manager $78 414 $32,292 Resident Engineer $50 0 $0 Senior Administrator $50 6 $300 Administrator $41 6 $246 Secretary $46 6 $276 Field Secretary $21 304 $6,384 Outside Direct Costs * Trailer months * Water * Telephone/Telecom. (days) $2 46 $92- * Com utor (days) $24 46 $1,104 * Office Supplies (days) $5 46 $230 * Job Transportation (days $15 46 $690 Overhead and Profit 1 $6,386 Subtotal Additional Services $48,960 Notes: 1. The overhead and profit is based on the estimated costs from 4/04/94 to 6/17/94. r.�.—._�.._ CERTIFICA' FINSURANCE ISSUE DATE (MM/DD/YY) November 9, 1993 PRODUCER I THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND JARDINE INSURANCE BROKERS LOS ANGELES INC. CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE 11835 W. OLYMPIC BLVD. , 5TH FL. DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE LOS ANGELES, CALIFORNIA 90064 TEL: (310) 444-3333 CONTACT: MARY BAKER (310) 444-3405 i INSURED MONTGOMERY WATSON AMERICAS, INC., FORMERLY KNOWN AS JAMES M. MONTGOMERY, CONSULTING ENGINEERS, INC. ET AL POST OFFICE BOX 7009 PASADENA, CALIFORNIA 91101-7009 COVERAGES COMPANIES AFFORDING COVERAGE COMPANY NATIONAL UNION FIRE INSURANCE LETTER A COMPANY OF PITTSBURGH, PA COMPANY HARTFORD FIRE INSURANCE COMPANY/ LETTER B HARTFORD CASUALTY INSURANCE CO. COMPANY `. LETTER COMPANY D LETTER COMPANY E LETTER THIS IS TO CERTIFY THAT 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. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. CO TYPE OF INSURANCE LTR GENERAL LIABILITY A X COMMERCIAL GENERAL LIABILITY CLAIMS MADE X OCCUR. X OWNER'S & CONTRACTOR'S PROT AUTOMOBILE LIABILITY B X ANY AUTO X ALL OWNED AUTOS X SCHEDULED AUTOS X HIRED AUTOS X NON -OWNED AUTOS GARAGE LIABILITY EXCESS LIABILITY UMBRELLA FORM OTHER THAN UMBRELLA FORM WORKER'S COMPENSATION AND EMPLOYERS' LIABILITY POLICY NUMBER POLICY EFFECTIVE POLICY EXPIRATION LIMITS DATE (MM/DD/YY) DATE (MM/DD/YY) GENERAL AGGREGATE $ 2, 000, 000* PRODUCTS-COMP/OP AGG. $ 1, 000, 000* GL 590-5173 8-31-93 8-31-94 PERSONAL & ADV. INJURY $ 1, 000, 000* *($100,000. SIR) EACH OCCURRENCE $ 1, 000, 000* FIRE DAMAGE (Any one fire) $ 500, 000* MED. EXPENSE (Any one person) $ 5, 000* COMBINED SINGLE LIMIT $ 1,000,000 BODILY INJURY 72—UENMX4660 8-31-93 8-31-94 (Per person) $ 72—UENMX4662 8-31-93 8-31-94 BODILY INJURY $ ( TEXAS) (Per accident) PROPERTY DAMAGE $ EACH OCCURRENCE $ AGGREGATE $ STATUTORY LIMITS EACH ACCIDENT $ DISEASE —POLICY LIMIT $ DISEASE —EACH EMPLOYEE $ OTHER Certificate Holder is named as an additional insured but solely with respect to operations of the named insured. Such insurance shall be considered Primary & Not Contributory to any other valid insurance available to certificate holder. DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES/SPECIAL ITEMS JMM JOB#: 9818.5289 — OVERMYER RESERVIOR RENOVATION (CC-896) CERTIFICATE HOLDER CITY OF HUNTINGTON BEACH 2000 MAIN STREET P.O. BOX 190 HUNTINGTON BEACH, CALIFORNIA ATTN: DEBORAH DEBOW, P.E. CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILL 1€KffaVJ§KX= MAIL 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT.}JCTi€i3A�74CXIi4iCIPfIX�XffiiCX114L}GSAXIlbiCl 92648 4Id�{DI7�bC4i�X{BQ?I�I]�K4i17CX3C�XXIR$C ( AUTHORIZED P ESENTATIVE MHAMM,I.Cer ACORD 25-S (7/90) VACORD CORPORATION 1990 DATE (MWDD/YY) ta�i�� (}IC OINK hym PF 94 PRODUCER THIS CERTIFICATE 1S ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE JARDINE INSURANCE BROKERS LOS ANGELES INC. HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR 11835 W. OLYMPIC BLVD., 5TH FL. ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. LOS ANGELES, CALIFORNIA 90064 COMPANIES AFFORDING COVERAGE TEL: '(310) 444-3333 COMPANY TWIN CITIES FIRE INSURANCE COMPANY/ CONTACT: MARY BAKER (310) 444-3405 A HARTFORD FIRE INSURANCE COMPANY INSURED COMPANY MONTGOMERY WATSON AMERICAS, INC. B FORMERLY KNOWN AS JAMES M. MONTGOMERY, CONSULTING COMPANY C ENGINEERS, INC. ET AL ---- COMPANY POST OFFICE BOX 7009 PASADEN , CALIFORNIA 91101-7009 D COVERAGSY..! fir'sA THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED, NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACTOR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY 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 LTR TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE DATE (MM/DD/YY) I POLICY EXPIRATION ! LIMITS DATE (MM/DD/YY) GENERAL LIABILITY COMMERCIAL GENERAL LIABILITY ; GENERAL AGGREGATE PRODUCTS-COMP/OP AGG I $ $ CLAIMS MADE [—] OCCUR PERSONAL & ADV INJURY $ _- $ OWNER'S & CONT PROT EACH OCCURRENCE $ FIRE DAMAGE (Any one fire) i MED EXP (Any one person) $ j AUTOMOBILE 1 �— t--� LIABILITY ANY AUTO ALL OWNED AUTOS SCHEDULED AUTOS HIRED AUTOS NON -OWNED AUTOS ) , ��rT ,� A TC) - ,. I ,i + 6y }: /1 COMBINED SINGLE LIMIT BODILY INJURY (Per person) BODILY INJURY j (Per accident) $ $ $ — i I PROPERTY DAMAGE $ GARAGE LIABILITY 177-11 AUTO ONLY - EA ACCIDENT $ ANY AUTO I OTHER THAN AUTO ONLY: EACH ACCIDENT $ $ AGGREGATE EXCESS LIABILITY EACH OCCURRENCE $ $ UMBRELLA FORM AGGREGATE $ OTHER THAN UMBRELLA FORM A WORKERS COMPENSATION AND EMPLOYERS' LIABILITY 7 2 -WBMX4 6 61 5-1-94 j STATUTORY LIMITS EACH ACCIDENT 5-01-95 $ 11000,000 $ 000s00-0 $ 1,000,000 THE PROPRIETOR/ INCL PARTNERS/EXECUTIVE OFFICERS ARE: EXCL 72-WBMX4661 5-1-94 DISEASE - POLICY LIMIT 5-01-95 DISEASE - EACH EMPLOYEE OTHER With respect to Company certificate holder A the company agrees or losses paid under to waiv he terms o all rights of subrogation against this policy which arise out of work performed by the narn ed insured. DESCRIPTION OF OPERATIONS/LOCATIONSIVEHICLES/SPECIAL ITEMS JMM JOB#: 9818.5289 — OVERMYER RESERVIOR RENOVATION (CC-896) CERTIFICATE HOLDEN CANCELLATION :. _ CITY OF HUNTINGTON BEACH 2000 MAIN STREET P.O. BOX 190 HUNTINGTON BEACH, CALIFORNIA 92648 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILL)€jQXXMx1" MAIL 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, ATTN : DEBORAH DEBOW, P.E. f3iF:�IXiI�iIXaCifblr]�KXX�G1f3XY�717idE�)!fcK)XY �XX11b�{)kXIIiXKr36iiXii�€X}ldiMi3,IfcXXdEX 35Ki�f3G�3�3�9{ AUTHORIZED REPRESENTATIVE e e ACORD'25�5�(3/93) tlB/91/JMN 8'.CelT ® CORD`COAPItFICk 1993 A►�/"'r�'o CERTIFICAI _ OF INSVFMCE ISSUE DATE (MM/D 9 November 9, 1993 PRODUCER THIS CERTIFICATE 1S ISSUED AS A MATTER OF INFORMATION ONLY AND i CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE JARDINE INSURANCE BROKERS LOS ANGELES INC -DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE 11.835 W. OLYMPIC BLVD. , 5TH FL. POLICIES BELOW. _ i LOS ANGELES, CALIFORNIA 90064 j TEL: (310) 444-3333 COMPANIES AFFORDING COVERAGE CONTACT: MARY BAKER (310) 444-3405 INSURED COMPA LETTERNY A LEXINGTON INSURANCE COMPANY COMPAN LETTER Y B LLOYDS & CERTAIN COMPANIES MONTGOMERY WATSON AMERICAS, INC.,CO LETTERNY c FORMERLY KNOWN AS JAMES M. MONTGOMERY, CONSULTING COMPANY ENGINEERS, INC. ET AL LETTER D POST OFFICE BOX 7009 COMPANY E PASADENA, CA 91101-7009 LETTER COVERAGES THIS IS TO CERTIFY THAT 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. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. CO TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE POLICY EXPIRATION LIMITS LTR DATE (MM/DD/YY) DATE (MM/DD/YY) GENERAL LIABILITY COMMERCIAL GENERAL LIABILITY CLAIMS MADE OCCUR. OWNER'S & CONTRACTOR'S PROT. AUTOMOBILE LIABILITY ANY AUTO ALL OWNED AUTOS SCHEDULED AUTOS HIRED AUTOS NON -OWNED AUTOS GARAGE LIABILITY (9�XHlRXX EXCESS PROFESSIONAL UMBRELLA FORM LIABILITY PX-1642 B X OTHER THAN UMBRELLA FORM (Claims Made) WORKER'S COMPENSATION AND EMPLOYERS' LIABILITY OTHER PX-1641 A Professional Liability GENERAL AGGREGATE $ PRODUCTS-COMP/OP AGG. $ PERSONAL & ADV. INJURY $ EACH OCCURRENCE $ FIRE DAMAGE (Any one fire) $ MED. EXPENSE (Any one person) $ COMBINED SINGLE $ LIMIT BODILY INJURY $ (Per person) BODILY INJURY $ (Per accident) PROPERTY DAMAGE $ EACHO&WR"M Claifr$ 5,000,000 8-31-93 8-31-94 AGGREGATE $ 5,000,000 (excess of .$5,000,000 Underlying) STATUTORY LIMITS EACH ACCIDENT $ DISEASE —POLICY LIMIT $ DISEASE —EACH EMPLOYEE $ 8-31-93 8-31-94 Each Claim 5,000,000* Aggregate 5,000,000 (Claims Made) *Excess of $3,000,000 SIR DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES/SPECIAL ITEMS JMM JOB#: 9818.5289 — OVERMYER RESERVIOR RENOVATION (CC-896) CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE .EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILL K3 EyIX0KXXX CITY OF HUNTINGTON BEACH MAIL 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE 2000 MAIN STREET P.O. BOX 190 LEFT, E}lD�}�iA7i<X1i�B7?}Q4G4i0C$4i44iC?➢1�3fl)�X;}�$p{}N{}I(�pJg}p�}D{�( HUNTINGTON BEACH, CALIFORNIA. 92648:1 )t'ki R1�kftRwgffMRKT±4€* ........... . ATTN: DEBORAH DEBOW, P.E. AUTHORIZEDR5PRESENTATIVE / ACORD 25-S (7/90) i0 ENDORSEMENT NO: 53A INSURED: Montgomery Watson Americas, Inc., Formerly Known As James M. Montgomery Consulting Engineers, Inc. ENDORSEMENT TO BE EFFECTIVE: at inception POLICY NO.: PX-1642 TYPE OF POLICY: Engineers E&O REFER. NO.: It is understood and agreed that in the event of any material change or cancellation in this Certificate Jardine Insurance Brokers Los Angeles Inc., will mail thirty days prior written notice to: JMM JOB#: 126.0130-& 126.0150 CC 740 CONSTRUCTION MANAGMENT SERVICES FOR CENTRAL LIBRARY EXPANSION PROJECT. CITY OF HUNTINGTON BEACH, IT'S OFFICERS, AGENTS AND EMPLOYEES 2000 MAIN STREET P.O. BOX 190 HUNTINGTON BEACH, CA 92648 ATTN: ROBERT E. EICHBLATT CITY ENGINEER PUBLIC WORKS DEPARTMENT NOTHING HEREIN CONTAINED SHALL BE HELD TO VARY, ALTER, WAIVER OR EXTEND ANY OF THE TERMS, CONDITIONS OR LIMITATIONS OF THE POLICY TO WHICH THIS ENDORSEMENT IS ATTACHED OTHER THAN AS ABOVE STATED. Dated at /gf �/1/G�C.��7 this k day of iaria-Eure JMM K2.END POLICY NUMBER: GL 59r -1-73 COMMERCIAL GENERAL LIABILITY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS (FORM B) This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART. SCHEDULE Name of Person or Organization: AS REQUIRED BY WRITTEN CONTRACT (If no entry appears above, information required to complete this endorsement will be shown in the Declarations as applicable to this eridorsement.) WHO IS AN INSURED (Section II) is amended to include as an insured the person or organization shown in the Schedule, but only with respect to liability arising out of "your work" for that insured by or for you. SHOULD THE ABOVE DESCRIBED POLICY BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILL MAIL 30 DAYS WRITTEN NOTICE (10 DAYS FOR NON-PAYMENT) TO THE CERTIFICATE HOLDER. CG 20 10 11 85 Copyright. Insurance Services Office, Inc., 1984 ENDORSEMENT NO: 53A INSURED: Montgomery Watson Americas, Inc., Formerly Known As James M. Montgomery Consulting Engineers, Inc. ENDORSEMENT TO BE EFFECTIVE: at inception POLICY NO.: PX-1641 TYPE OF POLICY: Engineers E&O REFER. NO.: It is understood and agreed that in the event of any material change or cancellation in this Certificate Jardine Insurance Brokers Los Angeles Inc., will mail thirty days prior written notice to: JMM JOB#: 126.0130.& 126.0150 CC 740 CONSTRUCTION MANAGMENT SERVICES FOR CENTRAL LIBRARY EXPANSION PROJECT. CITY OF HUNTINGTON BEACH, IT'S OFFICERS, AGENTS AND EMPLOYEES 2000 MAIN STREET P.O. BOX 190 HUNTINGTON BEACH, CA 92648 ATTN: ROBERT E. EICHBLATT CITY ENGINEER PUBLIC WORKS DEPARTMENT NOTHING HEREIN CONTAINED SHALL BE HELD TO VARY, ALTER, WAIVER OR EXTEND ANY OF THE TER14S, CONDITIONS OR LIMITATIONS OF THE POLICY TO WHICH THIS ENDORSEMENT IS ATTACHED OTHER THAN AS ABOVE STATED. (� e c Dated at Lor /%i�Gr�r�s' Cry this �/f day of�/ uth zed e JMM_K1.END Policy Number: 7. JEN M X 4 E 6 0 NAMED PERSON(S) OR ORGANIZATION(S) AS INSURED lk THE HARTFORD This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM GARAGE COVERAGE FORM TRUCKERS COVERAGE FORM This endorsement changes the policy effective on the inception date of the policy unless another date is indicated below. Endorsement Effective 8/31/93 i Named Insured WATS91 AMERICAS. INC. ET AL I Countersigned Named Person(s) or Organ ization(s): `/ALL ADD'L INSUREDS AS REQUIRED BY CONTRACT, RELATING ONLY TO AUTOMOBILE (If no entry appears above, information required to complete this endorsement will be shown in the Declarations as ap- plicable to this endorsement.) Each person or organization named above is an "insured" for LIABILITY COVERAGE, but only to the extent that person or organization qualifies as an "insured" under the WHO IS AN INSURED provision of SECTION II — LIABILITY COVERAGE. SHOULD THE ABOVE DESCRIBED POLICY BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING CCNPANY WILL MAIL 30 DAYS WRITTEN NOTICE (10 DAYS FOR NON-PAYMENT) TO THE CERTIFICATE HOLDER. d�v'�i Form HA 99 02 0187 Printed in U.S.A. fft MONTGOMERY WATSON October 11,1994 Mr. Donald R. Noble City of Huntington Beach 2000 Main Street Post Office Box 190 Huntington Beach, CA 92648 Subject: Amendment No. 2 Dear Mr. Noble: Ashok K. Dhingra Vice President Enclosed is the contract page you requested in your letter of October 6, signed by Mr. Calhoun and myself. Please send me a copy of the executed of Amendment No. 2 as soon as possible. Thank you. Sincerely, 4--44/C Ashok K. Dhingra Vice President AD:ma Attachments: Signature Page FAX Copy 301 North Lake Avenue Tel: 8187969141 Serving the World's Environmental Needs Suite 600 Direct : 818 568 6150 Pasadena, California Fax: 818 568 6102 91101 REQUEST FOR CITY COUNCIL ACTION Date: April 4, 1994 Submitted to: Honorable Mayor and City Council -- Submitted by: Michael T. Uberuaga, City A inistratorOO Prepared by: Ron Hayden, LibraryDirec Louis F. Sandoval, Director �ublic Works -11 APPRG rED BY CITY COUNCIL' Subject: CENTRAL LIBRARY PARKING LOT; CC-875 Consistent with Council Policy? [XI Yes [ ] New Policy or Exception 'q— 19_?L" K Statement of Issue, Recommended Action, Analysis, Environmental Stagy.:^, Fending Source, Alternative Action, Attachments: STATEMENT OF ISSUE: The consultant agreements with Montgomery/Watson and Kleinfelder must be amended to include additional professional services. RECOAEWENDED ACTION: 1. Approve the attached $57,119 contract amendment with Kleinfelder, Inc for soil inspection and testing on the Library Parking Lot Project. 2. Approve the attached $113,819 contract amendment with Montgomery/Watson for construction management services on the Library Parking Lot Project. ANALYSIS• The construction of the Central Library Parking Lot was halted because the contractor encountered extensive quantities of contaminated soil. Pursuant to State health and safety regulations, a portion of the contaminated soil was immediately removed from the project site, stockpiled, spread on the Mushroom Farm site and covered with plastic. The removal of this soil could not have been accomplished without extensive additional field testing and construction management services provided by consultants already under contract with the City. The cost of these services, provided by Kleinfelder (field testing) and Montgomery/Watson (construction management), have exceeded the approved budgets.. The urgency to protect the contaminated soils from the rains prohibited shutting down the project. Therefore, staff recommends that the attached agreement amendments now be approved. E Central Library Parking Lot; CC-875 April 4, 1994 Page 2 The Conditions of Approval for the library expansion project required the construction of approximately 700 spaces. Although all work on the parking lot project has been halted, 500 spaces are complete. Staff is currently reviewing options on how to construct the remaining 200 spaces. This information along with scheduling, cost data and financing options will be presented tentatively at the Council meeting of May 16th. FUNDING SOURCE: Remaining funds are available in the project budget to cover the cost of these additional services. Council Approved Budget (Library Expansion and Parking Lot) $8,992,717 Expenditures to Date <8,795,726> Montgomery/Watson Amendment < 113,819> Kleinfelder Amendment < 57,119> Remaining Unexpended Balance ALTERNATIVE ACTION: N/A ATTACHMENTS: 1. Amendment to Kleinfelder Agreement 2. Amendment to Montgomery/Watson Agreement LFS:DRN:DW LIBAMEND $ 26,053 _00 AMENDMENT NO. 1 TO PROFESSIONAL SERVICES CONTRACT BETWEEN THE CITY OF HUNTINGTON BEACH AND JAMES M. MONTGOMERY, CONSULTING ENGINEERS, FOR CONSTRUCTION MANAGEMENT SERVICES FOR THE CENTRAL LIBRARY EXPANSION PROJECT THIS AMENDMENT NO. 1 is entered into this 6th day of Apri 1 , 1994, by and between the CITY OF HUNTINGTON BEACH, a municipal corporation of the State of California, hereinafter referred to as "CITY" and JAMES M. MONTGOMERY, CONSULTING ENGINEERS, INC., a Delaware corporation, hereinafter referred to as "CONTRACTOR". WHEREAS, CITY and CONTRACTOR, are parties to that certain agreement, dated March 2, 1992; and Since the execution of the original agreement, CITY has requested additional work from CONTRACTOR, and CONTRACTOR has agreed to perform such additional work; CITY and CONTRACTOR wish to amend the original agreement to reflect the extra work to be performed by CONTRACTOR and the additional compensation to be paid in consideration thereof by CITY to CONTRACTOR, NOW, THEREFORE, it is agreed by and between CITY and CONTRACTOR as follows: ADDITIONAL WORK CONTRACTOR shall provide to CITY such additional services as described in Exhibit A attached hereto and incorporated herein by this reference. 2. ADDITIONAL COMPENSATION In consideration of the additional services described in Section 1 above, CITY agrees to pay CONTRACTOR a sum not to exceed One Hundred Thirteen, Eight Hundred Nineteen Dollars ($113,819). This additional sum shall be added to the original sum of Three Hundred Twenty -Seven Thousand Seventy -Six Dollars ($327,076), for a new total agreement amount of Four Hundred Forty Thousand Eight Hundred Ninety -Five Dollars ($440,895). MONTAMN D. DOC6/agree/03/29/94 A, 3. REAFFIRMATION Except as otherwise specifically modified herein, all other items and conditions of the Agreement shall remain in full force and effect. IN WITNESS WHEREOF, the parties hereto have executed this amendment as of the date first above written. JAMES M. MONTGOMERY, CONSULTING CITY OF HUNTINGTON BEACH, A ENGINEERS, INC. municipal corporation of the State of California aye i�Z- 2f!�,�;la►-- 7*osEPN A. WoTsLAw Cr/' `s print name Mayor ITS: (400 one) Chairman/Presid Ice Presiden By; APPROVED AS TO IT� on Secret hief Financial Officer/Asst. Secr ry - Treasurer ATTE `-- • -- - City Clerk City Adm1'n1sVafor r'- seCity Attorney v-ta. NITIATED AND AP D: J tractor of Pukllic Worms 2 MO NTAMN D.000ftgreelp3r&N Z0'd 9TBU WH6Z:TT V66T `6Z iMW TOT9 89S ST8 :01 HOU39 N010NI1NnH -A0 AlI0:W08J •Y CERTIFICA' , .: OF INS PRODUCER JARDINE INSURANCE BROKERS LOS ANGELES 11835 W. OLYMPIC BLVD.,' 5TH FL. LOS ANGELES, CALIFORNIA 90064 TEL: (310) 444-3333 CONTACT: MARY BAKER (310) 444-3405 INSURED MONTGOMERY WATSON AMERICAS, INC., FORMERLY KNOWN AS JAMES M. MONTGOMERY, CONSULTING ENGINEERS, INC. ET AL POST OFFICE BOX 7009 PASADENA, CALIFORNIA 91101-7009 DURANCE , ISSUE DATE (MM/DDNY) M _ r November 9, 19931 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND .CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. COMPANIES AFFORDING COVERAGE COMPANY NATIONAL UNION FIRE INSURANCE LETTER A COMPANY OF PITTSBURGH, PA COMPANY HARTFORD FIRE INSURANCE COMPANY/ LETTER B HARTFORD CASUALTY INSURANCE CO. COMPANY C LETTER COMPANY D LETTER COMPANY E LETTER COVERAGES THIS IS TO CERTIFY THAT 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. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. CO TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE POLICY EXPIRATION LIMITS LTR DATE (MM/DD/YY) DATE (MM/DD/YY) i GENERAL LIABILITY 2 OOO OOO* A X COMMERCIAL GENERAL LIABILITY CLAIMS MADE X OCCUR. GL 590-5173 X OWNER'S & CONTRACTOR'S PROT. *($100,000. SIR) AUTOMOBILE LIABILITY B X ANY AUTO X ALL OWNED AUTOS X 72-UENMX4660 SCHEDULED AUTOS X HIRED AUTOS 72-UENMX4662 X NON -OWNED AUTOS (TEXAS) GARAGE LIABILITY EXCESS LIABILITY UMBRELLA FORM OTHER THAN UMBRELLA FORM WORKER'S COMPENSATION AND EMPLOYERS' LIABILITY GENERALAGGREGATE $ r i PRODUCTS-COMP/OP AGG. $ 1, 000, OOO * 8-31-93 8-31-94 PERSONAL & ADV. INJURY $ 1 000 r � 000 EACH OCCURRENCE $ 1, 000, OOO* FIRE DAMAGE (Any one fire) $ 500, 000* ' MED. EXPENSE (Any one person) $ 5 , 000 * COMBINED SINGLE $ 1,000,000 LIMIT 8-31-93 8-31-94 BODILY INJURY (Per (Per person) 8-31-93 8-31-94 BODILY INJURY $ (Per accident) PROPERTY DAMAGE $ EACH OCCURRENCE $ AGGREGATE $ STATUTORY LIMITS EACH ACCIDENT $ DISEASE —POLICY LIMIT $ DISEASE —EACH EMPLOYEE $ OTHER Certificate Holder is named as an additional insured but solely with respect to operations of the named insured. Such insurance shall be considered Primary & Not Contributory to any other valid insurance available to certificate holder. DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES/SPECIAL ITEMS JMM JOB#: 9818.5289 - OVERMYER RESERVIOR RENOVATION (CC-896) CERTIFICATE HOLDER CITY OF HUNTINGTON BEACH 2000 MAIN STREET P.O. BOX 190 HUNTINGTON BEACH, CALIFORNIA ATTN: DEBORAH DEBOW, P.E. CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILL XKffR1a76XX= MAIL,L3L DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT,4Y.A7tlXl�dl�lK`hXlli`KXIXINXffiiU14L}AXI�XIXr�4K 92648 4i41R`1fC4tIXdCIX"�CR!?I�IlR4i17CR��XXIX9CS X>1�X#R6iR. AUTHORIZED PePRESENTATIVE A1BgMM4.Ccr r-- ACORD 25-S (7/90) _� k ©ACORD COR ORATION'1990 CERTIFICAI c OF INSURANCE ISSUE DATE (MM/DD/YY) November 11, 1993 w / THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE _ADINE INSURANCE BROKERS LOS ANGELES INC. DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE 11835 W. OLYMPIC BLVD. , 5TH FL. POLICIES BELOW. LOS ANGELES, CALIFORNIA 90064 TEL: (310) 444-3333 COMPANIES AFFORDING COVERAGE COMPANY TWIN CITIES FIRE INSURANCE CO. / CONTACT: MARY BARER (310) 444-3405 LETTER A HARTFORD FIRE INSURANCE CO. COMPANY B INSURED LETTER MONTGOMERY WATSON AMERICAS, INC. COMPANY G. JAMES M. MONTGOMERY, LETTER CONSULTING ENGINEERS, INC., ETAL POST OFFICE BOX 7009 COMPANY PASADENA, CALIFORNIA 91101-7009 LETTER D COMPANY E LETTER COVERAGES THIS IS TO CERTIFY THAT 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. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS, CO TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE POLICY EXPIRATION LIMITS LTR DATE (MM/DD/YY) DATE (MM/DD/YY) GENERAL LIABILITY GENERAL AGGREGATE $ COMMERCIAL GENERAL LIABILITY PRODUCTS-COMP/OP AGG. $ CLAIMS MADE OCCUR. PERSONAL & ADV. INJURY $ OWNER'S & CONTRACTOR'S PROT. EACH OCCURRENCE $ FIRE DAMAGE (Any one fire) $ MED. EXPENSE (Any one person) $ AUTOMOBILE LIABILITY COMBINED SINGLE ANY AUTO LIMIT $ ALL OWNED AUTOS BODILY INJURY SCHEDULED AUTOS (Per person) $ HIRED AUTOS BODILY INJURY NON -OWNED AUTOS (Per accident) $ GARAGE LIABILITY PROPERTY DAMAGE $ EXCESS LIABILITY EACH OCCURRENCE $ UMBRELLA FORM AGGREGATE $ OTHER THAN UMBRELLA FORM X STATUTORY LIMITS WORKER'S COMPENSATION A 72—WBMX4661 5-1-93 5-1-94 EACH ACCIDENT $ 1,000,000 AND DISEASE —POLICY LIMIT $ 1,000,000 EMPLOYERS' LIABILITY 72—WBMX4661 5-1-93 5-1-94 1,000,000 ... DISEASE —EACH EMPLOYEE ..... .. .... . ......_— $ --- .. OTHER_ With respect to Company A the company agrees to waive all rights of subrogation against certificate holder for losses paid under the terms of this policy which arise out of work performed by the named insured. DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES/SPECIAL ITEMS JMM JOB#: 9818.5289 - OVERMYER RESERVIOR RENOVATION (CC-896) CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILL 9=XVMXd4X CITY OF HUNTINGTON BEACH " MA11230 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE 2000 MAIN STREET P.O. BOX 190 LEFT,}$C54KER[Jtp4A�AX�SIXdIKN�fi4itX�4b�I+l}Cdd�l7bKl�fiXi4�D�XtX HUNTINGTON BEACH, CALIFORNIA 92648. ATTN: DEBORAH DEBOW, P.E. AUTHORIZ£DREPRF„91`NTATIVE l � ACORD MB/JMM8.CER 5APORATION ,1990 d CERTIFICA . OF INSURANCE ISSUE DATE (MM/D , November 99 199: i DINE INSURANCE BROKERS LOS ANGELES _835 W. OLYMPIC BLVD., 5TH FL. LOS ANGELES, CALIFORNIA 90064 TEL: (310) 444-3333 CONTACT: MARY BAKER (310) 444-3405 INSURED THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE -DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE COMPANIES AFFORDING COVERAGE COMPAN LETTER Y A LEXINGTON INSURANCE COMPANY COMPAN LETTER Y B LLOYDS & CERTAIN COMPANIES COMPANY `+ MONTGOMERY WATSON AMERICAS, INC., LETTER FORMERLY KNOWN AS JAMES M. MONTGOMERY, CONSULTING COMPANY ENGINEERS, INC. ET AL LE17ER D POST OFFICE BOX 7009 COMPANY E PASADENA, CA 91101-7009 LETTER COVERAGES ... ___ .___.._. _ _......_.... ,. ._ . THIS IS TO CERTIFY THAT 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. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. CO TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE POLICY EXPIRATION LIMITS LTR DATE (MM/DD/YY) DATE (MM/DD/YY) GENERAL LIABILITY GENERAL AGGREGATE $ COMMERCIAL GENERAL LIABILITY PRODUCTS-COMP/OP AGG. $ CLAIMS MADE OCCUR. PERSONAL & ADV. INJURY $ OWNER'S & CONTRACTOR'S PROT. EACH OCCURRENCE $ FIRE DAMAGE (Any one lire) $ MED. EXPENSE (Any one person) $ AUTOMOBILE LIABILITY COMBINED SINGLE $ ANY AUTO LIMIT ALL OWNED AUTOS BODILY INJURY SCHEDULED AUTOS (Per person) $ HIRED AUTOS BODILY INJURY $ NON -OWNED AUTOS (Per accident) GARAGE LIABILITY PROPERTY DAMAGE $ g6g§pkWil'#IIXXX EXCESS PROFESSIONAL EACH OMVRr#id4t<"x Clairl 5,000,0 UMBRELLA FORM LIABILITY PX-1642 8-31-93 8-31-94 AGGREGATE $ 5,000,0 B X OTHER THAN UMBRELLA FORM (Claims Made) (excess _of..$5,000,000_Underlying) STATUTORY LIMITS WORKER'S COMPENSATION EACH ACCIDENT $ AND DISEASE —POLICY LIMIT $ EMPLOYERS' LIABILITY DISEASE —EACH EMPLOYEE $ OTHER PX-1641 8-31-93 8-31-94 Each Claim 5,000,000* A Professional Liability Aggregate 5,000,000 (Claims Made) *Excess of $3,000,000 SIR DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES/SPECIAL ITEMS Y w JMM JOB#: 9818.5289 — OVERMYER RESERVIOR RENOVATION (CC-896) CERTIFICATE HOLDER CITY OF HUNTINGTON BEACH 2000 MAIN STREET P.O. BOX 190 HUNTINGTON BEACH, CALIFORNIA, 926 ATTN: DEBORAH DEBOW, P.E. ACORD CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE TI- EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILL BIieJXXXORK MAIL 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO TI LEFT, S(RXli+l$JkNk3{0($g[WX?G�RIN�X;}9A0{XUU�itiflR�}CIf�X}BK�G7�RIED4X MBAMM9.C., RATION' ENDORSEMENT NO: 53A INSURED: Montgomery Watson Americas, Inc., Formerly Known As James M. Montgomery Consulting Engineers, Inc. ENDORSEMENT TO BE EFFECTIVE: at inception POLICY NO.: PX-1641 TYPE OF POLICY: Engineers E&O REFER. NO.: It is understood and agreed that in the event of any material change or cancellation in this Certificate Jardine Insurance Brokers Los Angeles Inc., will mail thirty days prior written notice to: JMM JOB#: 126.0130 & 126.0150 CC 740 CONSTRUCTION MANAGMENT SERVICES FOR CENTRAL LIBRARY EXPANSION PROJECT. CITY OF HUNTINGTON BEACH, IT'S OFFICERS, AGENTS AND EMPLOYEES 2000 MAIN STREET P.O. BOX 190 HUNTINGTON BEACH, CA 92648 ATTN: ROBERT E. EICHBLATT CITY ENGINEER PUBLIC WORKS DEPARTMENT NOTHING HEREIN CONTAINED SHALL BE HELD TO VARY, ALTER, WAIVER OR EXTEND ANY OF THE TERMS, CONDITIONS OR LIMITATIONS OF THE POLICY TO WHICH THIS ENDORSEMENT IS ATTACHED OTHER THAN AS ABOVE STATED. Dated at�NG�L1CS . Cry this 7/fday ofUGUs, uth zed e JMM K1.END w 1 � " POLICY NUMBER: GL 590 '-73 COMMERCIAL GENERAL LIABILITY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS (FORM B) This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART. SCHEDULE Name of Person or Organization: AS REQUIRED BY WRITTEN CONTRACT (If no entry appears above, information required to complete this endorsement will be shown in the Declarations as applicable to this endorsement.) WHO IS AN INSURED (Section II) is amended to include as an insured the person or organization shown in the Schedule, but only with respect to liability arising out of "your work" for that insured by or for you. SHOULD THE ABOVE DESCRIBED POLICY BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILL MAIL 30 DAYS WRITTEN NOTICE (10 DAYS FOR NON—PAYMENT) TO THE CERTIFICATE HOLDER. CG 20 10 1185 Copyright. Insurance Services Office, Inc., 1984 m w CO In m CO 0 U Q W m 0 cO 7 z 73 U- Cl U F [Y LL City of Huntington Beach Central Library Expansion Montgomery Watson CMS Expenditure Breakdown to Wyk Ending April 1, 1994 03/15194 tI COSK105ill/D4 INIPat}cl Cos! tD411194 ConVact Item Unit Rate Units Cast Units Cast Units Cost Diflarence i L,t .3ahNumr er 126.01,93) uyllessimw 11 is $1, 696 93 $9.871 101 $18, 11 $9,215 ' Prolessifad 4 » 4 V25 $225 uctionMara $W 326 $25,843 1 t94 $90,407 1329 $10D,667 V4 824 M EntRne ar 7 5348 - ~ 7 33" $346 etrior Administrator 3 $149 4 $199 _ $11% inistrntor SS40 lit $.398 22 $889 23 55M rt:ret 7 $212 9 $268 52 Field Seccet 293 S-5, 556 365 $7.043 57,04`s atside Direct Casts *'Trailer mcnthsl 6 $1 833 6 S1 jP33 $1 833 *Water "Tele anerfelecom. da s 145 $117 IOD $129 $129 * Ga of jdas 145 $3.398 160 U741 $3,741 * OffiM Su (lays) 145 $672 160 $742 $742 • Job Tr rtation •1 s ' 45 3239 160 $3 9 verhead anti Prof! 3 $4,770 - $17,086 $19112 $14,342 ata ra nnces 32, 3 ,994 113. t4ultes: U The dWeterce is cabulaged by sL"a efing the budget anvounl from the eMimEted cast amount. 2. The estimated cost per day is $10, wtdch will be used for for the period between March 13, 19914 and AprN 1, 199.4_ 3. The aveihead and profit is based on actual Costs to 3111194 and esUmaled costs tocamplete on 41'.194. 1 w i N ko u 31 U FROM:CITY OF HUNTINGTON BEACH TO: B18 568 6101 MAR 29, 1994 11:29AM 4816 P.03 ,00,Y ."r "�`�'. SAS" ... :r `sino.. A nii , JPA Gl::J.i c� Eiti?;)'e v voso ki't! 64,e1y'1!oNIK f'T'OfTOW1 ;11W ,1&JJ iP -mN llt. icrz.. {t) stu�cuga��N '7L9i-9Cg (VIG) 11' Srn 1,1VI to3 `SupilSanb AUe DIV UDtll;l..l. 00,7f1S,` C4 s 01 09'£$L'.61t,$ utaa3 tunOWP JOVIIII05 2t11 us ?SsWouI uv Lit ainsal 111-A 6111J. '00'61$`fIT& Aq 3unowu pozympne aiil s�mvj ivil-I MW 01.I1 nt ivaLupupwr ur a -id omid sl!.,) auI fail lsanhlj Uinom PM. 'b661 `I 113dv OnivLp �661 `6 INOVt } t11uW SWIAzas fVU0TSS0Jo.Td ;0pcnoad 01. pai}nbw slsoa pixifoad pur, vouniut s1Soa Troot.atppe millno lap „unrsop�atg �.tn.Ilpciadx� Sttit�, p il., pi1v it{a lrut?tia�d ��t1(. �tlhl) ttps#�� tJ w02luCrK £90-011D 'obi 1011a7 t,66 T `91 PIM Z'T'£'41.10,9Z10 1t*lupuatuv a nilunD luatuahuvw uotlamgsuo,�) un;surdxi, AleiglZ 1valua;) s��tn=� stm;�e3adp �aveualtilcr�� `algom 'V PTpuoCl "111I tj-mu °-V11uarj xiafgns &t*a�.6 Flttac►111�:� `ct� uolluT1unH I=Als urem 000z s.-saw 01104. 10 tulWlJVda(1 74=9 u0lav' u H jb AiM N0SlVM A93W0V,LN0W 714 ( Gtr I WdOC : 10 67,-CO Glon 4£9 a I i LSE W)R k HM AAgWODINOW n (a MONTGOMERY WATSON 300 North Lake Avenue, Suite 1200 Pasadena, California 91101 Date: April 11, 1994 Tel: 818 568 6161 Fax: 818 568 6101 To: City of Huntington Beach From: Pat Stewai eW5-� Office of the City Clerk Senior Administrator 2000 Main Street Huntington Beach, CA 92648 Re: Amendment No. 1 to Agreement Dated March 2, Attn: Ms. Betty Tate 1992 for Central Library Expansion Project The following items are: Requested Ox Enclosed ❑ Report Test Result Specification ❑ Prints �x Sent via Federal Express Cost Estimate Test Sample Shop Drawings Other No. of Copies Description 1 Original signed amendment for subject project. This data is submitted: Ox At your request For your approval For your review Fx For your action ❑ For your files For your information General Remarks: Please return one fully executed copy for our files. Thank you. If you should have any questions, please call me at (909) 568-6161. REQUES*r FOR CITY COUNCIL ACTION Submitted to: Submitted by Prepared by: Date Honorable Mayor and City Council March 2, 1992 Michael T. Uberuaga, City Administ ��, �ouis F. Sandoval, Director of Public ��E�dVED BY CITY COUNCIL. Hayden, Director of Library Servic Subject: CENTRAL LIBRARY EXPANSION PROJ T; CC-740 Consistent with Council Policy? [Xd Yes [ ] New Policy or Exception---T �CITcLi Statement of Issue, Recommendation, Analysis, Funding Source, Alternative Actions, Attachments: STATEMENT OF ISSUE: The complexity of the expansion to the City's Central Library requires the services of a construction management firm. RECOMMENDATION: I. Approve the attached Consultant Agreement with James M. Montgomery Consulting Engineers, Inc. 2. Authorize the Director of Public Works to expend $419,783 to cover contract costs of $327,076, estimated change orders of $32,707 and anticipated soils and materials testing expenses of $60,000. ANALYSIS: On January 21, 1992, Council awarded a contract to Gentosi Brothers for the construction of the Central Library Expansion Project. This =ement t, as previously acknowledged, will require the services of a qualified construction firm. On November 8, 1990, staff solicited proposals for construction management services. On March 4, 1991, Council approved the selection of Harris and Associates, but limited the scope of services to a review of the library plans and specifications for cost effective construction. These services were completed in October of 1991. The original proposal submitted by Harris & Associates, included a $231,376 budget for the construction management services now required; however their budget was based on the assumption that construction would be completed within 12 months and not 18 as now estimated by our architect. Therefore, Harris & Associates requested a revised compensation package of $649,975. On February 3, 1992, Council rejected this request and authorized staff to secure new proposals. On December 20, 1991, construction management proposals were mailed to: Boyle Engineers, C.I.A. Engineering, Century Program Management, CMA, Harris & Associates, Holmes & Narver, James M. Montgomery, and TMSA. Each firm was asked to submit a written response by January 17, 1992. Staff received proposals from the following four firms: Plo 5/85 Central Library Expansion Project; CC-740 March 2, 1992 Page 2 1. CMA 2. Century Program Management 3. Holmes & Narver 4. James M. Montgomery Huntington Beach, CA Los Angeles, CA Santa Ana, CA Pasadena, CA On January 30, 1992, a multi -department committee met and evaluated each proposal using detailed rating sheets. Based on the small range in score differences, each of the four firms were invited to an interview/evaluation. On February 7, 1992, the committee interviewed three of the four firms (CMA withdrew their proposal). The total scores of each rating sheet were then added together and averaged to yield the following Evaluation Matrix: Firm Average Score Century Program Management 72.6 Homes & Narver 85.8 James Montgomery 88.8 The committee was unanimous on a first choice of James Montgomery although the scores were close. Fee proposals, as listed below, for each of the three firms were then opened for a cost comparison. Firm Fee Century Program Management $350,000 Homes & Narver 323,200 James Montgomery 438,000 James Montgomery's fee was $114,800 more than that of Holmes & Narver. After considerable discussion, the committee decided that the City staff should attempt to further negotiate the fee with James Montgomery pursuant to the guidelines of the State's Mini -Brooks Act. On January 1, 1990, the State of California enacted Senate Bill 419 (The Mini Brooks Act). This act mandates local agencies to select consultants on the basis of qualifications an not fee. This act also permits local agencies to negotiate fees. Therefore, on February 11, 1992, City staff met and negotiated scope of work as related to fee with representatives of James Montgomery. On February 18, 1992, James Montgomery submitted a revised fee proposal of $327,076. On February 18, 1992, the interview committee recovened to discuss the revised fee proposal submitted by James Montgomery. The committee was unanimous in their acceptance of the revised work program and resulting fee and hereby recommends that the attached agreement be approved. Central Library Expansion Project; CC-740 March 2, 1992 Page 3 FUNDING SOURCE: CONTRACT COSTS Contract Costs Estimated Change Orders Anticipated Soils & Materials Testing Total Contract Costs REVENUE SOURCE $327,076 32,707 60.000 $419,783 Sufficient revenues are available in fiscal account LX-PW-410-6-31-00 (Central Library Expansion) to cover the cost of these services. ALTERNATIVE ACTIONS: 1. Deny approval of James Montgomery contract and award to Holmes & Narver. 2. Deny approval of any firm and forego the services of a construction management firm. ATTACHMENTS: James Montgomery Agreement. 5114a ;, CITY OF HUNTINGTON BEACH 2000 MAIN STREET CALIFORNIA 92648 OFFICE OF THE CITY CLERK CONNIE BROCKWAY CITY CLERK March 3, 1992 James M. Montgomery 301 N. Lake Avenue, Suite 600 Pasadena, CA 91101 Attn: Ashok K. Dhingra, Vice President The City Council of the City of Huntington Beach at the regular meeting held Monday, March 2, 1992, approved a professional services contract between the City of Huntington Beach and James M. Montgomery, Consulting Engineers, Inc'., for construction management services for the Central Library Expansion Project. Enclosed is an executed copy of the agreement for your records. Connie Brockway City Clerk CB:bt Enc. (Telephone: 714536-5227 ) PROFESSIONAL SERVICES CONTRACT BETWEEN THE CITY OF HUNTINGTON BEACH AND JAMES M. MONTGOMERY, CONSULTING ENGINEERS, INC. FOR CONSTRUCTION MANAGEMENT SERVICES FOR THE CENTRAL LIBRARY EXPANSION PROJECT TABLE OF CONTENTS SECTION PAGE 1. WORK STATEMENT . . . . . . . . . . . . . . . . . . . . 1 CITY STAFF ASSISTANCE . . . . . . . . . . . . . . . . 2 3. TIME OF PERFORMANCE . . . . . . . . . . . . . . . 2 4. COMPENSATION . . . . . . . . . . . . . . . . . . . . . 2 5. EXTRA WORK . . . . . . . . . . . . . . . . . . . . . . 3 6. METHOD OF PAYMENT . . . . . . . . . . . . . . . . . . 3 7. DISPOSITION OF PLANS, ESTIMATES AND OTHER DOCUMENTS 5 8. INDEMNIFICATION AND HOLD HARMLESS . . . . . . . . . . 5 9. WORKERS' COMPENSATION . . . . . . . . . . . . . . . . 5 10. INSURANCE . . . . . . . . . . . . . . . . . . . . . . 6 11. CERTIFICATES OF INSURANCE; ADDITIONAL INSURED ENDORSEMENTS . . . . . . . . . . . . . . . . . . . . . 7 12. INDEPENDENT CONTRACTOR . . . . . . . . . . . . . . . . 8 13. TERMINATION OF AGREEMENT . . . . . . . . . . . . . . . 8 14. ASSIGNMENT AND SUBCONTRACTING . . . . . . . . . . . . 8 15. COPYRIGHTS/PATENTS . . . . . . . . . . . . . . . . . . 9 16. CITY EMPLOYEES AND OFFICIALS . . . . . . . . . . . . . 9 17. NOTICES . . . . . . . . . . . . . . . . . . . . . . . 9 18. IMMIGRATION . . . . . . . . . . . . . . . . . . . . . 9 19. LEGAL SERVICES SUBCONTRACTIONG PROHIBITED. . . . . . . 10 20. ENTIRETY . . . . . . . . . . . . . . . . . . . . . . . 11 PROFESSIONAL SERVICES CONTRACT BETWEEN THE CITY OF HUNTINGTON BEACH AND JAMES M. MONTGOMERY, CONSULTING ENGINEERS, INC. FOR CONSTRUCTION MANAGEMENT SERVICES FOR THE CENTRAL LIBRARY EXPANSION PROJECT THIS AGREEMENT, made and entered into this a/mct, of 7'1G1Jkd,--" , 1992, by and between the CITY OF day HUNTINGTON BEACH, a municipal corporation of the State of California, hereinafter referred to as "CITY," and JAMES M. MONTGOMERY, CONSULTING ENGINEERS, INC., a California corporation, hereinafter referred to as "CONTRACTOR." WHEREAS, CITY desires to engage the services of an engineering firm to provide construction management services for the Central Library Expansion Program in the City of Huntington Beach; and Pursuant to documentation on file in the office of the City Clerk, the provisions of HBMC Chapter 3.03 relating to procurement of professional service contracts has been complied with; and CONTRACTOR has been selected to perform said services, NOW, THEREFORE, it is agreed by CITY and CONTRACTOR as follows: 1. WORK STATEMENT CONTRACTOR shall provide all services as described in the Request for Proposal, dated December 20, 1991, and CONTRACTOR'S Proposal to Provide Construction Management Services dated January 17, 1992, (hereinafter collectively referred to as Exhibit "A"), which is attached hereto and Be incorporated into this Agreement by this reference. Said services shall sometimes hereinafter be referred to as "PROJECT." CONTRACTOR hereby designates Mr. Ashok K. Dhingra, who shall represent it and be its sole contact and agent in all consultations with CITY during the performance of this Agreement. 2. CITY STAFF ASSISTANCE CITY shall assign a staff coordinator to work directly with CONTRACTOR in the performance of this Agreement. 3. TIME OF PERFORMANCE Time is of the essence of this Agreement. The services of the CONTRACTOR are to commence as soon as practicable after the execution of this Agreement and all tasks specified in Exhibit "A" shall be completed no later than 18 months from the date of this Agreement. These times may be extended with the written permission of the CITY. The time for performance of the tasks identified in Exhibit "A" are generally to be as shown in the Scope of Services on the Work Program/Project Schedule. This schedule may be amended to benefit the PROJECT if mutually agreed by the CITY and CONTRACTOR. 4. COMPENSATION In consideration of the performance of the services described herein, CITY agrees to pay CONTRACTOR a fee not to exceed Three Hundred Twenty-seven Thousand Seventy -Six and no/100 Dollars ($327,076.00). In addition, CITY agrees to pay CONTRACTOR an allowance for soils and materials testing, pursuant to the plans and specifications, an additional amount not to exceed Sixty Thousand and no/100 Dollars ($60,000.00). -2- 5. EXTRA WORK In the event CITY requires additional services not included in Exhibit "A," or changes in the scope of services described in Exhibit "A," CONTRACTOR will undertake such work after receiving written authorization from CITY. Additional compensation for such extra work shall be allowed only if the prior written approval of CITY is obtained. The Director of Public Works may authorize such additional compensation in a total amount not to exceed Thirty-two Thousand Seven Hundred Seven and 60/100 Dollars ($32,707.60). 6. METHOD OF PAYMENT A. CONTRACTOR shall be entitled to progress payments toward the fixed fee set forth herein in accordance with the progress and payment schedules set forth in Exhibit A". B. Delivery of work product: A copy of every technical memo and report prepared by CONTRACTOR shall be submitted to the CITY to demonstrate progress toward completion of tasks. In the event CITY rejects or has comments on any such product, CITY shall identify specific requirements for satisfactory completion. Any such product which has not been formally accepted or rejected by CITY shall be deemed accepted. C. The CONTRACTOR shall submit to the CITY an invoice for each progress payment due. Such invoice shall: 1) Reference this Agreement; 2) Describe the services performed; 3) Show the total amount of the payment due; 4) Include a certification by a principal member of the CONTRACTOR'S firm that the work has been -3- performed in accordance with the provisions of this Agreement; and 5) For all payments include an estimate of the percentage of work completed. Upon submission of any such invoice, if CITY is satisfied that CONTRACTOR is making satisfactory progress toward completion of tasks in accordance with this Agreement, CITY shall promptly approve the invoice, in which event payment shall be made within thirty (30) days' of receipt of the invoice by CITY. Such approval shall not be unreasonably withheld. If the CITY does not approve an invoice, CITY shall notify CONTRACTOR in writing of the reasons for non -approval, within seven (7) calendar days of receipt of the invoice, and the schedule of performance set forth in Exhibit "A" shall be suspended until the parties agree that past performance by CONTRACTOR is in, or has been brought into compliance, or until this Agreement is terminated as provided herein. D. Any billings for extra work or additional services authorized by the CITY shall be invoiced separately to the CITY. Such invoice shall contain all of the information required above, and in addition shall list the hours expended and hourly rate charged for such time. Such invoices shall be approved by CITY if the work performed is in accordance with the extra work or additional services requested, and if CITY is satisfied that the statement of hours worked and costs incurred is accurate. Such approval shall not be unreasonably withheld. Any dispute between the parties concerning payment of such an invoice shall be treated -4- as separate and apart from the ongoing performance of the remainder of this Agreement. 7. DISPOSITION OF PLANS ESTIMATES AND OTHER DOCUMENTS CONTRACTOR agrees that all materials prepared hereunder, including all original drawings, designs, reports, both field and office notes, calculations, maps and other documents, shall be turned over to CITY upon termination of this Agreement or upon PROJECT completion, whichever shall occur first. In the event this Agreement is terminated, said materials may be used by CITY in the completion of PROJECT or as it otherwise sees fit. Title to said materials shall pass to the CITY upon payment of fees determined to be earned by CONTRACTOR to the point of termination or completion of the PROJECT, whichever is applicable. CONTRACTOR shall be entitled to retain copies of all data prepared hereunder. 8. INDEMNIFICATION AND HOLD HARMLESS CONTRACTOR hereby agrees to indemnify, defend, and hold and save harmless CITY, its officers and employees from any and all liability, including any claim of liability and any and all losses or costs arising out of the negligent performance of this agreement by CONTRACTOR, its officers or employees. 9. WORKERS' COMPENSATION CONTRACTOR shall comply with all of the provisions of the Workers' Compensation Insurance and Safety Acts of the State of California, the applicable provisions of the California Labor Code and all amendments thereto; and all similar state or federal acts or laws applicable; and shall indemnify, defend and hold harmless CITY from and against all claims, demands, payments, suits, -5- actions, proceedings and judgments of every nature and description, including attorney's fees and costs presented, brought or recovered against CITY, for or on account of any liability under any of said acts which may be incurred by reason of any work to be performed by CONTRACTOR under this Agreement. CONTRACTOR shall obtain and furnish evidence to CITY of maintenance of statutory workers' compensation insurance and employers' liability in an amount of not less than $100,000 bodily injury by accident, each occurrence, $100,000 bodily injury by disease, each employee, and $250,000 bodily injury by disease, policy limit. 10. INSURANCE In addition to the workers' compensation insurance and CONTRACTOR'S covenant to indemnify CITY, CONTRACTOR shall obtain and furnish to CITY the following insurance policies covering the PROJECT: A. General Liability Insurance. A policy of general public liability insurance, including motor vehicle coverage. Said policy shall indemnify CONTRACTOR, its officers, agents and employees, while acting within the scope of their duties, against any and all claims of arising out of or in connection with the PROJECT, and shall provide coverage in not less than the following amount: combined single limit bodily injury and property damage, including products/completed operations liability and blanket contractual liability, of $1,000,000 per occurrence. If coverage is provided under a form which includes a designated general aggregate limit, the aggregate -6- limit must be no less than $1,000,000. Said policy shall name CITY, its officers, and employees as Additional Insureds, and shall specifically provide that any other insurance coverage which may be applicable to the PROJECT shall be deemed excess coverage and that CONTRACTOR'S insurance shall be primary. B. Professional Liability Insurance. CONTRACTOR shall acquire a professional liability insurance policy covering the work performed by it hereunder. Said policy shall provide coverage for CONTRACTOR'S professional liability in an amount not less than $500,000 per claim. A claims made policy shall be acceptable. 11. CERTIFICATES OF INSURANCE; ADDITIONAL INSURED ENDORSEMENTS Prior to commencing performance of the work hereunder, CONTRACTOR shall furnish to CITY certificates of insurance subject to approval of the City Attorney evidencing the foregoing insurance coverages as required by this Agreement; said certificates shall provide the name and policy number of each carrier and policy, and shall state that the policy is currently in force and shall promise to provide that such policies will not be cancelled or modified without thirty (30) days prior written notice to CITY. CONTRACTOR shall maintain the foregoing insurance coverages in force until the work under this Agreement is fully completed and accepted by CITY. The requirement for carrying the foregoing insurance coverages shall not derogate from the provisions for indemnification of CITY by CONTRACTOR under this Agreement. CITY or its representative shall at all times have the right to demand -7- the original or a copy of all said policies of insurance. CONTRACTOR shall pay, in a prompt and timely manner, the premiums on all insurance hereinabove required. A separate copy of the additional insured endorsement to each of CONTRACTOR'S insurance policies, naming the CITY, its officers and employees as Additional Insureds shall be provided to the City Attorney for approval prior to any payment hereunder. 12. INDEPENDENT CONTRACTOR CONTRACTOR is, and shall be, acting at all times in the performance of this Agreement as an independent contractor. CONTRACTOR shall secure at its expense, and be responsible for any and all payments of all taxes, social security, state disability insurance compensation, unemployment compensation and other payroll deductions for CONTRACTOR and its officers, agents and employees and all business licenses, if any, in connection with the services to be performed hereunder. 13. TERMINATION OF AGREEMENT All work required hereunder shall be performed in a good and workmanlike manner. CITY may terminate CONTRACTOR'S services hereunder at any time with or without cause, and whether or not PROJECT is fully complete. Any termination of this Agreement by CITY shall be made in writing through the Director of Public Works, notice of which shall be delivered to CONTRACTOR as provided herein. 14. ASSIGNMENT AND SUBCONTRACTING This Agreement is a personal service contract and the supervisory work hereunder shall not be delegated by CONTRACTOR to any other person or entity without the consent of CITY. ME 15. COPYRIGHTS/PATENTS CITY shall own all rights to any patent or copyright on any work, item or material produced as a result of this Agreement. 16. CITY EMPLOYEES AND OFFICIALS CONTRACTOR shall employ no CITY official nor any regular CITY employee in the work performed pursuant to this Agreement. No officer or employee of CITY shall have any financial interest in this Agreement in violation of the applicable provisions of the California Government Code. 17. NOTICES Any notices or special instructions required to be given in writing under this Agreement shall be given either by personal delivery to CONTRACTOR'S agent (as designated in Section 1 hereinabove) or to CITY'S Director of Public Works, as the situation shall warrant, or by enclosing the same in a sealed envelope, postage prepaid, and depositing the same in the United States Postal Services, addressed as follows: TO CITY: Mr. Louis F. Sandoval Director of Public Works City of Huntington Beach 2000 Main Street Huntington Beach, CA 92648 18. IMMIGRATION TO CONTRACTOR: Mr. Ashok K. Dhingra Vice President James M. Montgomery, Consulting Engineers, Inc. 301 N. Lake Avenue, Suite 600 Pasadena, California 91101 CONTRACTOR shall be responsible for full compliance with the immigration and naturalization laws of the United States and shall, in particular, comply with the provisions of the United States Code regarding employment verification. -9- 19. LEGAL SERVICES SUBCONTRACTING PROHIBITED CONTRACTOR and CITY agree that CITY is not liable for payment of any subcontractor work involving legal services, and that such legal services are expressly outside the scope of services contemplated hereunder. CONTRACTOR understands that pursuant to Huntington Beach City Charter § 309, the City Attorney is the exclusive legal counsel for CITY; and CITY shall not be liable for payment of any legal services expenses incurred by CONTRACTOR. REST OF PAGE NOT USED -10- 20. ENTIRETY The foregoing, and Exhibit "A" attached hereto, set forth the entire Agreement between the parties. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by and through their authorized officers the day, month and year first above written. CONTRACTOR: JAMES M. MONTGOMERY, CONSULTING ENGINEERS, INC. Ashok K. ingra Vice President By: Its: ATTEST: City Clerk REVIEWED AND APPROVED: City Administrator4-1 CITY OF HUNTINGTON BEACH, A municipal corporation of.the St to of C lifornia Mayor APPROVED AS TO FORM: City Attorney NITIATED AN PROVED: Directoir of Public Works -11- Attachi..ent to EXHIBIT "A" SCHEDULE OF HOURLY RATES FOR ENGINEERING FEES EFFECTIVE JANUARY 1, 1992 Company Officer $150 per hour Principal Professional $132 per hour Principal Administrator $122 per hour Supervising Professional $ 97 per hour Senior Professional $ 83 per hour Senior Administrator $ 68 per hour Professional $ 68 per hour Associate Professional $ 56 per hour Administrator $ 48 per hour Assistant Professional $ 42 per hour Senior Designer $ 73 per hour Designer $ 50 per hour Drafter $ 39 per hour Senior Resident Engineer $ 95 per hour Resident Engineer -Inspector $ 61 per hour Secretary $ 45 per hour Reproduction Typist $ 40 per hour Clerk $ 34 per hour Outside Services At Cost + 15% (Testing, lab, subs. etc.) Other Direct Project Costs At Cost + 15% (Printing, mileage, etc.) The following specific hourly rates were listed in the proposal: Project Manager, James H. Creager $120 per hour Construction Manager, Steven C. Davis $ 90 per hour Project Controls, Thomas D. Metzger $ 68 per hour Resident Engineer, Andrea L. Carlson $ 83 per hour Field Secretary $ 30 per hour Note: The above rates are standard rates for personnel other than listed in the proposal. All rates are subject to increase effective December 1, 1992 in accordance with the cost proposal. JW James M. Montgomery Consulting Engineers, Inc. Serving the World's Tel. 818 796 9141 Environmental Needs Fax 818 449 3741 301 North Lake Avenue Suite 600 Pasadena, California 91101 February 26, 1992 City of Huntington Beach 2000 Main Street P.O. Box 190 Huntington Beach, California 92648 Attention: Mr. Don Noble Subject: Professional Services Contract Gentlemen: Per your Letter of Transmittal dated February 19, 1992, enclosed is the Professional Services Contract between the City of Huntington Beach and James M. Montgomery, Consulting Engineers, Inc. for Construction Management Services for the Central Library Expansion Project which has been signed by me as requested. Also enclosed is the hourly rate schedule as an attachment to Exhibit "A". Please return one fully executed copy for our files. Thank you. Very truly yours, �� Ash Dhingra Vice President Enclosure SEMI; BY: $14. 82-19-92 11:38AM 8185686182-�PUBL_ I C WOWS #19 i Upon motion duly made, seconded, and unanimously approved, the following resolution was adopted and designated to supmede and replace all similar actions of the Board of Directors granting such corporate authority: WI l EREAS; Section I of Article 3 of the Bylaws of this Company provides that the Board of Directors has the power to establish the authority for management of the Company, now theretom, BE IT RESOLVED THAT; The following Officers and Managors of this Company are hereby authorized in the name of and on behalf of the Company: To exccule rnj iineering contracts individually having total anticipated fees not in excess of the litnits shown brlr.,t Chairman t : 3`ze Board $5,000,000 President 50000,000 Vice President Operations 50000,000 Group Manager 11000,000 Executive Vice president 11000,0(X) Senior Vice President 11000,000 Branch Officer Manager 19000,000 Department Manager 1,000,000 Company Officer 500,0(i0 Combination of 2 Company Afiic:ers and/or Branch Officer Manager 2,400,0p0 Cost Center Supervisor 10,000 Any contract over $5,000,000 fee must be. approved by the Board of D r hors I CERTIFY (1) that the above is a true and exact copy of an excerpt from the official minutes of the Board of Directors of James M. Montgomery, Consulting Engineers, Inao ora - said excerpt is from the minutes of the Annual Orgatu2ation Meeting, dated Janu 8; ( he solutions have not been rescinded or amended since that date; and (4) tha A ok K. Dhingra s a epamnent Manager and as such can execute engineering contracts up to $1,( , 02-19-r=C 11:79AM 8185655102—=PUBLIC kJORKS t#20 IN WITNESS WHEREOF, 1 linve hcruunto gTATE OF CALIFORNIA ) )SE COUNTY OF LOS ANGELES ) FcNvwy 19, 1992 j ed troy name this 19th dayAf February, 1992 \• • � liu C, AssiAtant Secretary On this 19th day of February in the year 1992, before me, the undersigned, a Notary Public in and for said State, personally appeared Julius C. Calhoun, personally known to me to be the person who executed the: within instrument as Assistant Secretary of the Corporation therein named, and acknowledged to me that the C()rporadon executed it pursuant to its by-laws or a resolution of its Boam of Directors. WITNESS my hand and official seal, �• aFfi r SEA Ft�WC L AGER Notary PuNb-Galfomki LOS ANGCLES COUNTY Azust ..�Vl 62f , I Notary Public in and for said ate 2. BEN-T-BY: 02--19-92 11:u6AM 81€35586102-)PUBLIC I.00RKS #16 If1EUE DATE (MM/DDIYY) ACIPORID. MnFICAI#6IF INSURANCE J 14 1992 PRODUCER CERTIFICATE 195VED AS A MATTER OF INF MATT N NLY AND JARDINK INSUJUMCK BROZngIRS AN(%ZLZS INC[!THIS ONFER$ NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE11835 W. OLYMPIG BLVD., 5TH F'L. OES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE Los ANGELES, CALIFORNIA 90064 OLICIES BELOW. 1 TEL: (213) 444-3333 COMPANIES AFFORDING COVERAGE CONTACT: NANCY m. ZIHGLm (213) 444-37152 COMPANY A LETTER AMERICAN INTERNATIONAL SURPLUS LINES INSURED ETTERNY 13 HARTF'ORD FIRE INSURANCE COMPANY DAMES m . MONTGOMRY , CONSULTING NY ENGINE , INC.ET AL LETTER E,I�S C 250 N. HApISON AVENUE PASADENA, CALIFORNIA 91101 COMPANY LETTER D COMPANY E LETTER COVERAGES THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE PODGY 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, (,IMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS, CO LI R TYPE. OF INSURANCE POLICY NUMBER POLICY EFFECTIVE POLICY EXPIRATION DATE (MMIDWYY) UATL (MMiDDIYY) LIMIT& GENERAL LIABILITY GENERAL AGGREGATE { 2. 000, A X COMMERCIAL GENERAL LIABILITY PRODUCTS-COMPIOP A00, S 1, 000, 000* CLAIMS MADE X OCCUR. GL 7702114 $-31-91 8-31-92 PERSONAL A AOV. INJURY $ 1,000,000* X OWNER'S 8 CONTRACTOR'S Pf;OT. *0100,000. $14) EACH OCCURRENCE a 1,000,000* FIRE DAMAOR (Any ono fire) t 500, 000* MED. EXPENSE (Any or* pomm) s 5, 000* AUTOMOBILE LIABILITY LMBINEO SINGLE 1 !. 000, VVAA4 6 1,000,000 13 XANY AUTO LIMIT , X ALL OWNED AUTOS BODILY INJURY 6 X 'Chf:)AFCAUTOS 72UENMX4660 8-31-91 $-31-92 (Prrpwsan) X HIRED AUTOS BODILY INJURY X taON-OWNED Al)TOS (Per ■ORldenl) S GARAGE LIABILITY PROPERTY DAMAGE S LXCESS LIABILITY EACH OCCURRENCE 6 UMBRELLA FOPIM AGGREGATE 6 OTHER THAN UMBRELLA FORM WORKER'S COMPENSATION STATUTORY LIMITS AND ATTACHED EMPLOYERS' LIABILITY OTHER ASS S Q*IL HUTWN., C DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES/SPECIAL ITEMS RE: Job # Proposal: Construction Mai EAOH ACCIDENT ; DISEABE.,POLI* LIMIT S DISEASE —EACH EMPLOYEE 6 D 1 M - 71- Services for Central Library Expansion Project. CERTIFICATE HOLDER CANCELLATION Huntington Beach, City of 2000 Hain Street P.O. Box 190 Huntington Beach, Ca 92648 Attn: Robert E. Eichblatt SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE � EXPIRJT60N DATE THEREOF, THE ISSUING COMPANY WILL pag MAIL DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE SENT' -BY: 02-19-92 11:37AM 8185686102-)PUBLIC WORKS #17 ISSUE DATE (MM/DDfYY)A41WOR'11a CECMIFICA OF INSUMNI Jawpry 14, 1992 PRODUCER THIS CERTIFICATE I$ ISSUED AS A MATTER OF INFORMATION ONLY AND CONPURA NO RIGHTS UPON THE CERTIFICATE MOLDER. THIS CERTIFICATE JARDINE INSURANCE ZROKM LOS ANGELES INCl DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE 11835 W. OLYMPIC BLVD. , 5TH FL. l EQLIGIES BELOW. LOS ANcELES, CALIFORNIA 90064 COMPANIES AFFORDING COVERAGE TEL: (213) 444-3333 COMPANY CONTACT' UNCY N. ZIEGLU (213) 444-37'52 LETTER A LLOYDS & CERTAIN COMPANIES COMPANY n LETTER O INSURED COMPANY c JAMS N. NOSYLETTER CONSULTING INGINEESS, INC. ET AL COMPANY 250 N . MADISON AVENUE LETTER D pA3ADENA, CA 91101 COMPANY LETTER E COVERAaES THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED, NOTWITHSTANDING ANY REOUIREMENT, TERM OR CONDITION OF ANY QONTRACT 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 LTR POLICY EFFECTIVE POLICY EXPIRATION LIMITS DATE (MMlDDIYY) DATE IMMIDD1Y Y) GENERAL LIABILITY GENERAL AGGREGATE S COMMERCIAL. GENERAL LIABILITY PRODUCTS-COMPlOP AGG. : CLAIMS MADE OCCUR. PERSONAL A ADV, INJURY S OWNER'S & ('0t1TRACT0R'$ PROT_ FACH OCCURRENCE S FIRE DAMAGE (Any one fire) $ MED. EXPENSE (Any one permn) S AUTOMOBILE LIABILITY COMBINED $INOLE $ ANY AUTO LIMIT ALL ONNED AUTOS 5C-HEDULEP AUTOS HIRED AUTOS NCIN-0VVT4EQ AU f 0S 0AHACE LIABILITY BODILY INJURY i (Per person) BODILY INJURY S (Per accident) PROPERTY DAMAGE S EXCESS PROFESSIONAL EACH UMBRELLA FORM LIABILITY PX-1092 8-31-91 8-31-92 AGGREGATE $ 5,000,000 A X OTHER THAN UMBRELLA FORM (Clsisle NO&) (axim"s of 35,000,000 tirldertyina) STATUTORY LIMITS WORKER'S COMPPNSATtON EACH ACCIDENT $ AND DISEASE —POLICY LIMIT S EMPLOYERS' LIABILITY DISEASE -EACH EMPLOYEE A OTHER PX-1091 8-31-91 8-31-92 Each Claim 5,0W,00V A Frofassiaml Lisbility Assrs"Ve 3,0w'Qw (claim Msdr) *Excess of $3,000.000 SIR DESCRIPTION OF OPERATION GlLOCATION$/VEHICLE>S/SPECIAL ITEMS This certificate cancels & supereedes any previously issued professional Liability Cartificata, RE: .lob # PropoAal: Construction Management Services for Central Library Expansion Project. CERTIFICATE HOLDER CANCELLATION Huntington Beach, City of 2000 Main Street P.0, Box 190 Huntington Beach, CA 92648 Attn: Robert E. Eichblatt City Engineer Public Works Department SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILL 444wm MAIL " DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT,{iX�iAKllg'R�►Kli�(iI1CKfiIII�I��d'IId{C1i�L3XIX1� Jk��'�4B{r�K►�Q�@DH 74� D371iDP�1�€ QC@N7�?OM I�� TIVE s/ J CACORD CORPORATION 196 ACORD 2S-9 " SE111 BY: 02-19-92 11:.78AM A64010t11. CERTIFICA* OF INSURANCE 8185686102- F'LJBLA C I)JORK.'- #18 ISSUE DATE (MMIDDIYY? January 14. 1992 PRODUCER n1.7 VMrn I IVV4� 4 r. h7 1Q%PVcv 'ry M Mw r i cn Vr rnrvnw�w 1 IVM WML. T A%nu CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE JARDINE INSURANCE BROKERS LOS ANGLI.ES INC DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE 11835 W. oLYMPIC BLVD. , 5TH FL. POLICIES BELOW. LOS ANGELES, CALIFORNIA 90064 COMPANIES AFFORDING COVERAGE TEL: (213) 444-3333 CONTACT: MANGY K. ZIECM (213) 444-3752 FT'CFRYA TWIN CITIES FIRE INSURANCE COMPANY COMPANY R IN9UREC LETTER INSURANCE COMPANY OF NORTH AMERICA JAMES M. MOMOOMERY, COMPANY CONSULTINrp ENGINIM , INC . , ETAL LETTER �+ 250 N. MADISON AVENUE PASADLNA, CALIFORNIA 91101 COMPANY D _E7TF:H COMPANY LETTER COVERAGE$ THIS IS TO CEIITIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEr=N 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 TQ ALL THE TERMS, EXCI-US'(}NS ,AND Ct)IIDITIONS OF SUCH POLICIES LIMITS SHOWN MAY HAVE $FEN RF0k,ICF0 9Y PAID CLAIMS, CO TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE POLICY EXPIRATION LIMIT' LTR DATE (MMYDDIYY) DATE (MMIDDJYY) GENERAL LIABILITY GENERA,. AGGREGATF I rOMMERCIAI. GENF.RAI LIABR-ITY PRODUCT' AGO. $ CLAIMS MADE OCCUR. PERSONAL A ADV INJURY $ oFYn.f_Re & CCNTgAETnR'R Ppor EACH OCCURRENCE 6 FIRE DAMAGE IAny one Ilro) S MED. EXPENSE (Any One perwn) 6 AUTOMOBILE LIABILITY COMBINED SINOLE 4r4'1' AUTO] L�*T ALL OWNED AUTOS :C1t�pCL.E^ ALrnS HIRED ALTG.$ "70'd01"1PJE0 AUTOS 3A,RAGE LABILITY 90DILY INJURY i (Per psnon) BQDILY INJURY 6 PR;]PERTY aAMAr.,E $ IXtES8 LIABILITY EACH OCCURRENCE S 'JMBRI!_.IA F,5R1�1 AGGREGATE I: OTHER THAN GMGnELLA FORM WORKER'9 COMPENSATION X STATUTQRY LIMIT$ A AND 72 WW 4661 5 -1- 91 5.1.92 EACH ACCIDENT 6 1,000,000 EMPLOYERS' LIABILITY WOCC3501484 5.1 - 91 5 - 1- 92 D19EA5E—POLICY LIMIT S 1,000,000 B (LOW91 O only). DiSEA$E—EACHEMPLOYEE i 1,000,000 DESCRIPTION OF OPERATIONWLOCATIONSIVEHICLE519PECIAL ITEMS RE: Job #Proposal: Construction Management Services for Central Library Expansion Project. CERTIFICATE HOLDER CANCELLATION Huntington Beach, City of 2000 Main Street P.O. Box 190 Huntington Beach, Ca 92648 Attn: Robart E. Eichblatt City Engineer Public Works Department ACORD 25-S (7190) A SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILL MAIL 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEPT. CAC ORD CORPORATION 199C