Loading...
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 0 0 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 0 0 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 z 0 s c m 'LIM' � < q9 A-CORD.' FICA 8, .... ... ....... .11 06 96 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 D .. It ... . . 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. 7. Mayor in attei As set forth in the Development Adm modified to allow for use in the co t Town Center. he cap of $25,000. port dated November 19, 1 strator, City Council Policy N evelopers the option of payin uction of City-sponsoredhi o0 fee shall equal 11/4% of b ' dinp The C1#n for Injury filed by Kirk on be of the Orange County F in th Report dated November 1 recognized Boy Scout :e as part of the requit Pr : Consideration of regulation of ma prepared in resp massage therapy re business in the City. �6, from Mechelle 606, "Historic Der in -lieu fee, to be pl depictions in publil construction value% rghce, Economic fi Program," was in a special fund is of the Historic with a maximum H./Nakamura of the law o ces of Beam, Brob o d Control District was denied in its entirety, 1996, from the City ttorney. No. 702 from Ocean Its Community Chur¢t, to earn a merit bad in Citizenship. /&c West set forth which was ndments to Titles 3, 1, and 9 of the Mur! cipal Code regarding the e therapy in San Mao Capistrano. The proposed Amendment was to a City Council di ective to improve the effectiveness of the City's dations to ensure that only legitimate massage practitioners conduct 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