1996-1101_MONTANA TESTING / GEOTECH_Action Remindera 0
CITY CLERK'S DEPARTMENT - ACTION REMINDER
TO: Brian Perry, Senior Civil Engineer
FROM: Dawn M. Schanderl, Deputy City Clerk DATE: Adan_ .. h 1, 19 7
SITUATION:
On November 19, 1996, the City Council approved an inspection and testing services agreement with
Montana Testing and Geotechnical for the I-5 freeway soundwalls at the San Juan Elementary School
and the Casitas Capistrano sites.
ACTION REQUESTED:
The agreement states services shall be completed on or before March 31, 1997. Please notify this
office of agreement status.
ACTION TO BE TAKEN:
W I u&C- CeVtkP Le rG 19'Y 319111,
T 1 T- -ii- -TTI'T • 1-i -1 /[T\ [l ii .T. T T1 T 1 .1TI T -
***FOR CITY CLERK'S DEPARTMENT USE ONLY* * *
Tickler Date: 03/01/97
Deadline Date: 03/31/97
cc: Department Head
City Attorney
(Montana/600.30)
AGREEMENT
THIS AGREEMENT is made and entered into this / day of
1996, by by and between the City of San Juan Capistrano, hereinafter referred to as "City," and
Montana Testing and Geotechnical, Inc., hereinafter referred to as "Consultant."
WITNESSETH:
WHEREAS, City requires professional consulting services for the project described as
follows: I-5 Soundwalls at San Juan Elementary School and Casitas Capistrano; and,
WHEREAS, Consultant represents that it/he is duly qualified to provide said service,
NOW, THEREFORE, City and Consultant, for the consideration hereinafter named, agree
as follows:
The considerations of work on the project shall be governed by the conditions contained
herein. In general, the tasks delineated herein are to be performed with minimum direction and
assistance from City.
All work performed by Consultant, however, shall be subject to review and approval of
the Director of Engineering and Building or his designee at all times.
Subject to the terms and conditions of this Agreement, Consultant shall perform the tasks
as set forth in Exhibit A, attached and incorporated herein by reference.
During performance of the above tasks, Consultant shall have access to existing data in
City files, and City shall provide copies of any such data Consultant requests at no cost to
Consultant.
The services provided under this Agreement shall begin upon execution of this Agreement
by all parties. The services provided under this Agreement shall be completed on or before March
31, 1997.
agreenpttfrm/5-29-94
a a
Consultant contract billings may be submitted on the consultant's forms and, at a
minimum, should contain the following:
Title of project(s)
Purchase order number
Total approved purchase order amount
Amount paid to date
Amount requested
Amount remaining on purchase order
Breakdown of amounts by project type or account number
Three copies of itemized bills, clearly indicating the monthly period for which the billing
is made, shall be submitted to: City of San Juan Capistrano, Attn: Director of Administrative
Services, 32400 Paseo Adelanto, San Juan Capistrano, CA 92675.
Total cost to City for Consultant's fees shall not exceed $23,382.00
Consultant warrants that he has not employed or retained any company or person, other
than a bona fide employee working for Consultant, to solicit or secure this Agreement, that he has
not paid or agreed to pay any company or person, other than a bona fide employee, any fee,
commission, percentage, brokerage fee, gift or any other consideration, contingent upon or
resulting from the award or making of this Agreement. For breach or violation of this warranty,
City shall have the right to annul this Agreement without liability, or, at its sole discretion, to
deduct from the Agreement price or consideration, or otherwise recover the full amount of such
fee, commission, percentage, brokerage fee, gift or contingent fee.
Consultant acknowledges City is under no obligation to compensate Consultant for services
rendered or expenses accrued under this Agreement in excess of the maximum compensation
specified in Section 4.
All tracings, plans, specifications, maps or other documents prepared or obtained under
the terms of this Agreement shall be delivered to, and become the property of City, and basic
survey notes and sketches, charts, computations and other data prepared or obtained under this
Agreement shall be made available upon request to City without restriction or limitation on their
use.
agreemnAfmt/8-29-94
a
The designs, plans, reports, investigation, materials and documents prepared or acquired
by Consultant pursuant to this Agreement (including any duplicate copies kept by Consultant) shall
not be shown to any other public or private person or entity, except as authorized by City.
Consultant shall not disclose to any other public or private person or entity any information
regarding the activities of City, except as authorized by City.
For the duration of this Agreement, Consultant shall not act as consultant or perform
services of any kind for any person or entity in regard to this project without the prior written
consent of City.
No additional fee shall be paid by City for additional consulting services not included in
this Agreement without the written approval of the City prior to undertaking such work. In the
event of suspension of project by City, Consultant shall have the right to renegotiate fees if delay
is greater than six (6) months.
City may, without cause, terminate this Agreement at any time prior to completion by
Consultant of any of the services required hereunder. Notice of termination of this Agreement
shall be given in writing to Consultant, and shall be sufficient to complete when same is deposited
in the U.S. mail, first class postage prepaid.
In the event this Agreement is terminated by City, Consultant shall be paid the value of
services performed by him pursuant to this Agreement prior to the date of termination thereof,
such value to be the total to which he shall have become entitled, as determined by the City, less
the amount of any payments previously made, but in no event exceeding the maximum contract
amount stated in Section 4.
Unless otherwise specified herein, any dispute over a question of fact arising under this
Agreement which cannot be resolved by agreement between the parties may be, by mutual consent
of the parties, submitted to a "Board of Arbitration" consisting of three (3) arbitrators having
expertise relating to this contract subject matter, one of whom shall be selected by each of the
parties, and the third by the two members selected by the parties.
Each of the parties shall pay the member selected by it, and the compensation of the third member
shall be paid equally by the parties. The parties shall be bound by the decision of the Board of
Arbitration.
agreemntfmi/8-29-94
Neither any part nor all of this Agreement may be assigned or subcontracted, except as
otherwise specifically provided herein, or to which City, in its sole discretion, consents to in
advance thereof in writing. Any assignment or subcontracting in violation of this provision shall
be void.
Consultant shall endorse all plans, data and other documentation submitted to City pursuant
to this Agreement.
Consultant shall maintain all books, documents, papers, employee time sheets, accounting
records and other evidence pertaining to costs incurred and shall make such materials available
at their respective offices at all reasonable times during the contract period and for three (3) years
from the date of final payment under this Agreement for inspection by City, and copies thereof
shall be furnished if requested.
At all times during the term of this Agreement, Consultant shall be an independent
contractor and shall not be an employee of the City. City shall have the right to control
Consultant only insofar as the results of Consultant's services rendered pursuant to this
Agreement; however, City shall not have the right to control the means by which Consultant
accomplishes services rendered pursuant to this Agreement.
All persons employed to provide services under this Agreement shall be employees or
contractors of Consultant and shall not be deemed employees of City for any reason or purpose.
Consultant shall be responsible for providing worker's compensation insurance coverage for all
persons employed to perform services under this Agreement.
Consultant shall be responsible for all injuries to persons and for damages to real or
personal property of City, caused by or resulting from any activity or operation of Consultant, its
employees or its agents during the progress of or connected with the rendition of services
hereunder. Consultant shall defend and hold harmless and indemnify City and all officers and
employees of the City from all costs and claims for damages to real or personal property or
personal injury to any third party resulting from the activity of itself, employees or its agents.
agremuitfmi/8-29-94 4
1) Comprehensive General Liability. Consultant shall maintain in full force
and effect comprehensive general liability coverage, including premises operations,
products/completed operations, broad form property damage and blanket contractual liability in
the following minimum amounts:
$500,000 property damage;
$500,000 injury to one person/any one occurrence/not limited to contractual
period;
$1,000,000 injury to more than one person/any one occurrence/not limited to
contractual period.
2) Comprehensive Automobile Liability, Consultant shall maintain in full
force and effect comprehensive automobile liability coverage, including owned, hired and non -
owned vehicles in the following minimum amounts:
$500,000 property damage;
$500,000 injury to one person/any one occurrence/not limited to contractual
period;
$1,000,000 injury to more than one person/any one occurrence/not limited to
contractual period.
3) Errors and Omissions Coverage. Consultant shall maintain in full force and
effect professional errors and omissions coverage in a minimum amount of $500,000.
4) Worker's Compensation, If Consultant employs employees to perform
services under this Agreement, Consultant shall obtain and maintain, during the life of this
Agreement, Worker's Compensation Employer's Liability Insurance in the statutory amount as
required by state law.
These policies shall not terminate, nor shall they be canceled nor the coverage
reduced until after 30 days' written notice is given to the City.
Prior to beginning work, Consultant shall provide to City certificates of insurance
establishing that the required insurance coverages have been secured by Consultant. Consultant
shall provide an endorsement to City establishing that City has been legally added as an additional
insured to the insurance policies required under this Agreement.
agreenmt.frm/8-29-94 5
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Consultant shall submit proof of insurance requirements under this Agreement to the City
Clerk's office prior to beginning any work under this Agreement.
Consultant shall not receive any compensation until all insurance provisions have been
satisfied.
Consultant represents and warrants to City that he has all licenses, permits, qualifications
and approvals of whatever nature that are legally required to practice his profession. Consultant
represents and warrants to City that Consultant shall, at his sole cost and expense, keep in effect
at all times during the term of this Agreement, any license, permit or approval which is legally
required for Consultant to practice his profession.
Except as City may specify in writing, Consultant shall have no authority, express or
implied, to act on behalf of the City in any capacity as an agent. Consultant shall have no
authority, express or implied, pursuant to this Agreement, to bind City to any obligation.
Consultant agrees to assign the following person/persons to perform the tasks set forth in
the Agreement:
Ron Edwards
Consultant shall not unilaterally alter the assignment of the above personnel without the
authorization of Director of Engineering and Building.
City shall have the unrestricted right to order the removal of any person/persons assigned
by Consultant by giving oral or written notice to Consultant to such effect.
Pursuant to Council policy, it has been determined that the services to be rendered under
the provisions of this Agreement are excluded by the requirement of filing a Financial Disclosure
Statement by California Administrative Code Section 18700(2)(A) and (B).
agreenmt m"-29-94 6
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Consultant certifies that to the best of its knowledge, no City employee or office of any
public agency interest in this Agreement has any pecuniary interest in the business of Consultant
and that no person associated with Consultant has any interest that would conflict in any manner
or degree with the performance of this Agreement. Consultant represents that it presently has no
interest and shall not acquire any interest, direct or indirect, which could conflict in any manner
or degree with the faithful performance of this Agreement. Consultant is familiar with the
provisions of Government Code Section 87100 and following, and it certifies that it does not know
of any facts which constitute a violation of said provisions. Consultant will advise the City if a
conflict arises.
IN WITNESS WHEREOF, the parties have executed this Agreement the day and year first
hereinabove written.
ATTEST:
Cheryl Joh n, ity Clerk
P ROVED AS W FORM:
^�`ti
ich rd K. Denhalter
City Attorney
agreenm4fnn/8-29-94
CITY OF SAN JUAN CAPISTRANO
By:
Maya e.
CONSULTANT
By:
MICHAEL J. LgUVON
PRESIDENT
0
October 4, 1996
Exhibit A, Page 1 of 3
MONTANA
2992 E. La Palma, Suite A
Anaheim, CA 92806
Tel: (714) 632-2999
Fax: (714) 632-2974
City of San Juan Capistrano
32400 Paseo Adelanto
San Juan Capistrano, California 92675
Attn: Mr. Brian Perry
Testing & Geotechnical, Inc
888 Rancheros Dr., Suite E
San Marcos, CA 92069
Tel: (619) 735-5060
Fax: (619) 735-8979
Proposal No. P -6-0462.R
RE: PROPOSAL FOR DSA TESTING AND SUPPLEMENTAL INSPECTIONS
DSA, Soil Compaction, Concrete and Masonry
Interstate 5 Soundwall
San Juan Capistrano, California
Dear Mr. Perry:
Enclosed please find my card, our Schedule of Fees, dated January 1996, and our General
Conditions. Montana Testing & Geotechnical, Inc., a woman -owned minority business
enterprise, proposes the rates set forth in this schedule, less 10%, as the basis for our
proposal, with the following net reduction in rates for this project:
Soils Technician wlNuclear Gauge
$
37.50
hour
DSA Inspection
$
36.00
hour
Special Deputy Inspection
$
30.00
hour
(Technician
$
29.00
hour
Compression Tests
$
13.50
each
We submit, for your consideration, our estimate in the amount of $23,382.00, which is
based upon our review of your plans and specifications, at the following rates:
INSPECTION OF RECORD
45 Days
Inspector of Record
$ 36.00
hour
$ 12,960.00
Subtotal
$ 12,960.00
SOILS TESTING AND INSPECTION
5 Days
Soils Technician wlNuclear Gauge
$ 37.50
hour
$ 1,500.00
1 Each
Maximum Density D1557 A
$ 90.00
each
$ 90.00
1 Each
Final Soils Report
$ 350.00
each
$ 350.00
(Grading, Footing, Utility Trenches, Pavement)
Subtotal
$ 1,940.00
MEMBER
0 0
Exhibit A, Page 2 of 3
City of San Juan Capistrano
October 4, 1996
CONCRETE TESTING AND INSPECTION
20 Days
Batch Plant Inspection
45 Each
Concrete Compression Tests
4 Each
Mix Design Review
45 Each
Concrete Cylinder Pick -Up
10 Hours
Staff Engineer
REINFORCING STEEL TESTING AND INSPECTION
1 Day Technician Sampling
8 Each Tensile Test
8 Each Bend Test
MASONRY TESTING AND INSPECTION
9 Each Grouted Masonry Prisms
9 Each Grouted Masonry Prism Pick -Up
ADMINISTRATIVE
2 Hours Registered Civil Engineer
1 Each Final DSA Certification
Proposal No. P -6-0462.R
Page 2
$ 30.00
hour
$
4,800.00
$ 12.00
each
$
540.00
$ 90.00
each
$
360.00
$ 5.40
each
$
243.00
$ 63.00
hour
$ 630.00
Subtotal
$
6,573.00
$ 29.00 hour $ 232.00
$ 22.50 each $ 180.00
$ 18.00 each $ 144.00
Subtotal $ 556.00
$ 70.00 each $ 630.00
$ 30.00 each $ 270.00
Subtotal $ 900.00
$ 76.50 hour $ 153.00
$ 300.00 each $ 300.00
Subtotal $ 453.00
TOTAL $ 23.382.00
0 0
Exhibit A, Page 3 of 3
City of San Juan Capistrano Proposal No. P -0-0462.R
October 4, 1996 Page 3
All invoicing would be in accordance with the Basis of Charges in our Schedule of Fees.
These prices will remain in effect for 90 days from the date of this proposal.
The opportunity of submitting this proposal is sincerely appreciated. If it meets with your
approval, please indicate your acceptance by signing and returning the enclosed copy.
We look forward to working with you on this project.
Sincerely,
MONTANA TESTING &GEOTECHNICAL INC.
Steven Koch CLIENT: CITY OF SAN JUAN CAPISTRANO
Business Development/
BY.
Michael J. Landon
President TITLE:
SK/MJL/nh DATE:
Enclosures:
Schedule of Fees dated January, 1996
General Conditions
a 0
STATE P.O. BOX 420807, SAN FRANCISCO, CA 94142-0807
COMPENSATION
I N SU R AN C E
FUND CERTIFICATE OF WORKERS' COMPENSATION INSURANCE
OCTOBER 31, 1996 POLICY NUMBER: 14198322 - 96
CERTIFICATE EXPIRES: 7-1-97
r
CITY OF SAN JUAN CAPISTRANO
ATTN: BRIAN PERRY
32400 PASEO ADELANTO
SAN JUAN CAPISTRANO, CA 92675
L
JOB: ALL OPERATIONS
This is to certify that we have issued a valid Workers' Compensation insurance policy in a form approved by the California
Insurance Commissioner to the employer named below forthe policy period indicated.
30
This policy is not subject to cancellation by the Fund except upon " days' advance written notice to the employer.
We will also give you & days' advance notice should this policy be cancelled prior to its normal expiration.
This certificate of insurance is not an insurance policy and does not amend, extend or alter the coverage afforded by the
policies listed herein. Notwithstanding any requirement, term, or condition of any contract or other document with
respect to which this certificate of insurance 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.
AUTHORIZED REPRESENTATIVE
PRESIDENT
EMPLOYER'S LIABILITY LIMIT INCLUDING DEFENSE COSTS: $1,000,000 PER OCCURRENCE
ENDORSEMENT #0015 ENTITLED ADDITIONAL INSURED EMPLOYER EFFECTIVE
10/31/96 IS ATTACHED TO AND FORMS A PART OF THIS POLICY.
NAME OF ADDITIONAL INSURED: CITY OF SAN JUAN CAPISTRANO
ENDORSEMENT #2065 ENTITLED CERTIFICATE HOLDERS' NOTICE EFFECTIVE
07/01/96 IS ATTACHED TO AND FORMS A PART OF THIS POLICY.
EMPLOYER
F -
MONTANA TESTING & GEOTECHNICAL, INC.
2992 E. LA PALMA AVENUE #A
ANAHEIM, CA 92806
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PRODUCER
THIS CERTIFICATE IS ISSUED ASA MATTER OF INFORMATION
ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR
TENUTO & ASSOCIATES
ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.
INSURANCE SERVICES, INC.
COMPANIES AFFORDING COVERAGE
COMPANY
1508 WEST LEWIS ST., STE. B
SAN DIEGO, CA 92103
A NEW HAMPSHIRE INSURANCE COMPANY
INSURED
COMPANY
MONTANA TESTING & GEOTECHNICAL
B ZURICH RE
INC.
----------
COMPANY
2992 EAST LA PALMA, SUITE A
C TIG
ANAHEIM, CA 92806
COMPANY r -j 'n
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... . .
THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED AJ30VE FOR TggPOLICY PERIOD
INDICATED, NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPEPT-,TO WHICH THIS
CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TS)5LL THE TERMS,
EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
co
ETS
I TYPE OF INSURANCE
POUCYNUMBER
POLICYEFFECTIVE
DATE (MM/DD/YY)
POUCYEXPIRATION
DATE (MM/DD^
UNITS
GENERAL
LIABILITY
GENERAL AGGREGATE $2 000, 000
X1
COMMERCIAL GENERAL LIABILITY
PRODUCTS - COMP/OP AGG $1 1000 1 000
FXX7
CLAIMS MADE OCCUR
X
PERSONAL & ADV INJURY 1$1,000, 000
OWNER'S & CONTRACTORS PROT
CAP 208 8 0 99-99
10111196
10/11/97
EACH OCCURRENCE 1$1,000,000
FIRE DAMAGE (Any one fire) I$ 300 000
MED EXP (Any one person) S 5, 000
AUTOMOBILE LIABILITY
I
I
1 ANY AUTO
COMBINED SINGLE LIMIT IS
,, 00, 000
I ALL OWNED AUTOS
"Y' Y
BODILY INJURY $
X SCHEDULED AUTOS
.
IF.
(Per person)
'p.-o)
C x 1 HIRED AUTOS
CA31372018
10/11/96
10/11/97
0 U
BODILY �INJURY
X1 NON OWNED AUTOS
(Per acident)
$
X INLAND MARINE
~—SCHDED EQUIPT
PROPERTY DAMAGE
$
GARAGE LIABILITY
AUTO ONLY-EA ACCIDENT S
OTHER THAN AUTO ONLY.
ANY AUTO
EACH ACCIDENT $
i
AGGREGATE $
EXCESS LIABILITY
EACH OCCURRENCE
UMBRELLA FORM
AGGREGATE
STATU-TE-
TORY LjMITS ER
OTHER THAN UMBRELLA FORM
WORKERS COMPENSATION AND
EMPLOYERS, LIABILITY
EL EACH ACCIDENT
THE PROPRIETOR/ INCL
PARTNERS/EXECUTIVE
ELDISEASE POLICYLIMIT $
EL DISEASE-EA EMPLOYEE $
OFFICERS ARE EXCL
�OTHER
I
I
I
PROFESSIONAL
i
WLIABILITY
ZRU960035
10/11/9610/11/97
$1,000,000 PER CLM/AGG
DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES/SPECIAL ITEMS
SEE ATTACHED CG 2010 FOR ADDITIONAL INSUREDS.
ilo. x'i— i—
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE
CITY OF SAN JUAN CAPISTRANO
EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILL ENDEAVOR TO MAIL
DEPT OF ENGINEERING & BUILDING
3 0 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT,
32400 PASEO ADELANTO
BUT FAILURE TO MAIL SUCH NOTICE SMALL IMPOSE NO OBLIGATION OR LIABILITY
SAN JUAN CAPISTRANO, CA 92675
OF ANY KIND UPON THE CBMPANY, In um ENTATIVES.
AUTHORIZED REPRESENTATIVE
A,O
NAMED INSURED:
MONTANA TESTING &
GEOTECHNICAL
POL.#CAP208 80 99-99
WTOMIZED ASSET PROTECTION PWY
ARCHITECTS AND ENGINEERS ENDORSEMENT
This endorsement modifies insurance provided under the Customized Asset Protection Policy and is applicable only if the Named
Insured listed on the declarations page is an Architect or Engineer.
A. The following replaces the OTHER INSURANCE Common Policy Condition:
The insurance afforded by this endorsement is primary insurance for "bodily injury" or "property damage" that results from "your
work" for an additional insured listed on this policy when required specifically by the additional insured. Any insurance
maintained by the additional insured will be considered excess of insurance provided by our policy and not contributory to this
policy.
S. The following is added to the TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US, Common Policy
Condition:
When a work contract requires that the Condition Applicable to Liability Coverage be waived, we will do so only for payments
made for "bodily injury" or "property damage" that results from "your work." This condition applies only if the contract is
entered into before the "bodily injury" or "property damage" occurs.
For the purposes of this endorsement, a work contract is defined as a contract you enter into for work or operations performed
by you or on your behalf.
C. EXCLUSION - DESIGNATED WORK
The following is added to the Exclusions, Section S., of the Commercial Liability Coverage Form:
This insurance does not apply to "bodily injury," "personal injury" or "advertising injury" arising out of any Architect or Engineer
acting as a general contractor or any Architect or Engineer engaged in, having control of or charge of construction means,
methods, sequences or procedures, or for safety precautions and programs in connection with any work project.
D. OFFICERS, EMPLOYEES AND VOLUNTEERS
Provided any or all of the following Additional Insured extensions is required under a contract you enter into, or is imposed
by state or political subdivision (i.e., under a certificate, endorsement, etc.) then this entire Section D is enacted in its entirety.
However, this Additional Insured extension only operates for an Additional Insured where a requirement exists as outlined in
the preceding sentence of this Section D.
The following is added as an Additional Insured:
Any officer, elected official, agent, representative, employee, volunteer or subsidiary agency of a state or political subdivision
already shown as an Additional Insured in the Policy Declarations, but only with respect to work done by the Named Insured.
E. WAIVER OF SUBROGATION
Provided a waiver of subrogation is required under a contract you enter into, or imposed by an Additional Insured, (i.e., under
a certificate, endorsement, etc.), then this entire Section E is enacted in its entirety. However, this waiver only operates for
an Additional Insured where a requirement exists in the preceding sentence of this Section E.
We waive the right of subrogation against an Additional Insured, but only as respects your work and/or premises described in
a contract between the Insured and the Additional Insured.
TCAPP 168 (8194)
PaKe l of 2
o New Hampshire losurance Company, 1994on
THE NEw HAMPSHIR5
a�De. comwnr 0
a .m.a, Boson. ,—_
Iruurance from The New Hampshire Insurance Company and other member companies of The New Hampshire Insurance Group
C( :OMIZED ASSET PROTECTION POL_ f
F. CROSS LIABILITY
The naming of more than one person, firm or corporation as insureds under this policy shall not, for that reason alone, extinguish
any rights of the insured against another, but this endorsement, and the naming of multiple insureds, shall not increase the
total liability of the Company under this policy.
G. NOTICE OF CANCELLATION, ADDITIONAL INSURED
Provided a cancellation modification (as follows this paragraph) is required under a contract you enter into, or is imposed by
an Additional Insured (i.e., under a certificate, endorsement, etc.), then this entire Section G is enacted in its entirety. However,
this cancellation modification only operates for an Additional Insured where a requirement exists as outlined in the preceding
sentence of this Section G.
In the event of cancellation of this policy for a reason other than non-payment of premium, thirty (30) days written notice
will be sent to the entity selected as Additional Insured and named for Notice of Cancellation.
If there is non-payment of premium, ten (10) days written notice of cancellation will be sent.
H. JOINT VENTURE
Provided a joint venture is named as an insured or as an additional insured under this policy, the following applies
This insurance applies to "bodily injury," "property damage"' "personal injury or "advertising injury" arising out of your
participation in the joint venture. Such liability is limited exclusively to damages arising out of an "occurrence" to which this
policy applies.
We will not provide coverage for any liability imposed upon you for acts which arise out of any other joint venturer. No
coverage is afforded under this endorsement for the liability of any other joint venturers arising out of their participation in
the joint venture.
Our liability will not be increased and will not exceed the limit stated in this policy
All other terms, conditions and exclusions remain unchanged
TCAPP 168 (8194)
Page 2 of 2
NAMED INSURED: MONTANA TESTING & GEOTECHNICAL
POLICY NUMBER: CAP 208 80 99-99
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:
CITY OF SAN JUAN CAPISTRANO, TRANSPORTATION CORRIDOR AGENCY
CALIFORNIA CORRIDOR CONSTRUCTORS, CALTRANS
CAPISTRANO UNIFIED SCHOOL DISTRICT, CASITAS CAPISTRANO HOA
(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.
CG 20 10 11 85
Copyright. Insurance Services Office, Inc., 1984
Ll
November 26, 1996
Jwaa
Immnronnue
mennxm 1961
1776
1 �
Mr. Steven Koch
Montana Testing and Geotechnical
2992 East La Palma, Suite A
Anaheim, California 92806
Re: Agreement for Inspection and Testing Services
Dear Mr. Koch:
MEMBERS OF THE CIN COUNCIL
COLLENE CAMPBELL
WYATT HART
GIL JONES
CAROWN NASH
DAVID SWERDLIN
CITY MANAGER
GEORGE SCARBOROUGH
At their meeting of November 19, 1996, the City Council of the City of San Juan Capistrano
approved an agreement with your company to provide inspection and testing services for
the 1-5 freeway soundwalls at the San Juan Elementary School and the Casitas Capistrano
sites. Services under this agreement are to be completed by March 31, 1996, at a cost not
to exceed $23,382. The City has received all required insurance.
A fully -executed copy of the Agreement is enclosed for your files. Please feel free t
contact Brian Perry, project manager, at 443-6353.
Very truly yours,
Cheryl Johns
City Clerk
Enclosure
M Engineering and Building Director
Brian Perry
32400 PASEO ADELANTO, SAN JUAN CAPISTRANO. CALIFORNIA 92675 0 (714) 493-1171
_ 5. APPROVAL OF INSPECTION AND TESTING SERVICES AGREEMENT - I-5
FREEWAY SOUNDWALLS AT SAN JUAN ELEMENTARY SCHOOL AND
CMITAS CAPISTRANO (MONTANA TESTING AND GEOTECHNICAL. INC )
(600,30)
t
As set forth in the Report dated November 19, 1996, from the Engineering and Building
Director, the Inspection and Testing Services Agreement was approved with Montana Testing
and Geotechnical, Inc. for inspection and testing of the I-5 soundwalls at San Juan Elementary
School and Casitas Capistrano, as required by the Department of State Architect for
construction on school property. The costs of the services shall not exceed $23,382, and
services shall be completed by March 31, 1997. The City Manager was authorized to execute
the Agreement on behalf of the City.
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City Council Minutes -7- 11/19/96
AGENDAITEM
TO: George Scarborough, City Manager
FROM: William M. Huber, Director of Engineering & Building
November 19, 1996
SUBJECT: Authorize the City Manager to approve an Inspection and Testing Services
Agreement - 1-5 Freeway Soundwalls at San Juan Elementary School and Casitas
Capistrano (Montana)
RECOMMENDATION
By motion, authorize the City Manager to approve an Inspection and Testing Services Agreement
for I-5 Freeway Soundwalls at San Juan Elementary School and Casitas Capistrano with Montana
Testing and Geotechnical.
SITUATION
A. Summary and Recommendation
At the November 5, 1996 meeting, City Council authorized funding for inspection and testing
on the above subject project.
A proposed Agreement with Montana Testing and Geotechnical is attached. City Staff
recommends that the City Manager be authorized to enter into an Inspection and Testing
Services Agreement with a qualified company.
B. Background
The City has entered into Agreement with the California Corridor Contractors (CCC) to
utilize CCC funds to construct soundwalls on private property rather than on corridor right-
of-way. The Agreement states that the City will award a contract by September 15, 1996.
This contract was executed by the City Manager October 1, 1996, and ratified by City
Council November 5, 1996. The project plans require State Architect approval, which was
obtained November 1, 1996. The demolition necessary for utility relocation and wall
construction is scheduled to begin November 12, 1996.
The southbound portion of the San Joaquin Hills Transportation Corridor was opened in
1996. As a condition of construction, San Joaquin Hills Transportation Corridor Mitigation
Measure 5-1 requires that noise impacts be reduced to an acceptable level, wherever possible
for residences located along the proposed Corridor. In response to the required noise
mitigation, CCC ordered the preparation of a Noise Impact Assessment Report, which was
completed in February, 1994. The report recommended construction of soundwalls along the
Corridor through San Juan Capistrano.
ivy CITY COL !CIL k077 : 1,5
In the case of two soundwalls (one at Casitas Capistrano near Junipero Serra and the other
at San Juan Elementary School near the Ortega Highway interchange), a plan for the City to
build the walls on private property has been approved. Originally, the two walls were
proposed to be located at the edge of the freeway. Through negotiations with the CCC, the
walls will be relocated onto private property.
The City approved an Agreement for Escrow and Construction of Soundwall on Private
Property on April 2, 1996, and approved an Amendment to the Agreement on July 16, 1996.
Construction on school property requires Department of State Architect qualified inspection
of the construction. The City has obtained proposals from both Montana Testing and
Geotechnical, Inc. and Universal Laboratories. Both the Capistrano Unified School District
and the project architect have recommended Montana Testing and Geotechnical, Inc., who
is currently and previously working on other CUSD projects. This agreement will provide
such inspection.
101WWWWWWWO''� • 11 �' •
Not applicable.
The 1996-1997 approved Capital Improvement Program identifies $265,000 for this project,
$155,000 from TCA and $110,000 from Systems Development. The City's share is to be reimbursed
by TCA from future toll revenue.
The Systems Development Fund is currently overdrawn and funds will be borrowed from the City's
Sewer Fund.
NOTIFICATION
Montana Testing and Geotechnical
ALTERNATE ACTIONS
1. By motion, authorize the City Manager to approve an Inspection and Testing Services
Agreement with a qualified company.
2. Do not authorize the Agreement.
3. Request more information from Staff.
RECOMMENDATION
By motion, authorize the City Manager to approve an Inspection and Testing Services Agreement
for I-5 Freeway Soundwalls at San Juan Elementary School and Casitas Capistrano with Montana
Testing and Geotechnical.
Respectfully submitted,
William M. Huber, P.E.
Director of Engineering & Building
attachment: Consulting Services Agreement
11-19wal.bp
Pre ared by
G/T
Brian Perry, P.E.
Project Manager