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12-0306_NAKA ENGINEERING CONTRACTORS_ContracatRECORDED AT REQUEST OF AND RETURNED TO: City of San Juan Capistrano City Clerk's Office 32400 Paseo Adelanto San Juan Capistrano, CA 92675 RECORDING FEES EXEMPT DUE TO GOVERNMENT CODE SECTION 6103 Maria Morris, City Clerk San Juan Capistrano, CA Recorded in Official Records, Orange County Tom Daly, Clerk-RecorderIIIII�rl111111 I,IIII 111111" NO FEE 1,1111 111111111111111 I l I{1i I11I I l *$ R 0 0 0 5 1 8 0 b 5 5$ 241204456121212:48 pm 49125112 90 417 N12 1 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 NOTICE OF COMPLETION NOTICE IS HEREBY GIVEN that a contract was heretofore awarded by the City of San Juan Capistrano to Naka Engineering Contractors, 17777 Main Street, Suite G2, Irvine, CA 92614 to perform the Sidewalk Improvement and Access Ramps Project (CIP Nos. 10101, 10105, and 07119). That the said work was completed on June 27, 2012, by said company according to plans and specifications, and to the satisfaction of the Interim Public Works Director of the City of San Juan Capistrano, and that said work was accepted by the City Council of the City of San Juan Capistrano as owner, 32400 Paseo Adelanto, San Juan Capistrano, California 92675, at a regular meeting thereof held on the 18th day of September 2012. That upon said contract, Western Surety Company was the surety Jr Te'ands given by the said company as required by law. Dated at San Juan Capistrano this 18th day of September 2012. �' + ri, City Clerk n City Capistra STATE OF CALIFORNIA ) COUNTY OF ORANGE ) SS CITY OF SAN JUAN CAPISTRANO ) I, MARIA MORRIS, the duly appointed and qualified City Clerk of the City C uncil of he City of San Juan Capistrano, California, DO HEREBY CERTIFY, under penalty of perjury, h th foregoing Notice of Completion is true and correct, and that said Notice of Completion was dul r ularly ordered to be recorded in the Office of the Orange County Recorder by said City Clerk. Dated at San Juan Capistrano this 18'' day of September 2012. Mariadl r j t, C�y Clerk City of San Juan Capist ATTACHMENT 2 0 CONTRACT This contract is made and entered into by and between the CITY OF SAN JUAN CAPISTR.ANO, hereinafter referred to as "CITY" and hereinafter referred to as "CONTRACTOR" IT IS HEREBY AGREED BETWEEN THE PARTIES AS FOLLOWS: FIRST, CONTRACT DOCUM:S. The contract documents shall be considered•to include the Notice Inviting Proposals, the Instructions to Proposer, the Proposal, the Non -Collusion Affidavit, the Designation of Sub -Contractors, the Contract which is prepared for execution by the CITY and the CONTRACTOR Plans, Specifications and Special Provisions, the Standard_Sper.LcatiiM for_ Public Worcs Construction, 2009 Edition. including all Supplements, Contract Bonds, Resolutions adopted by the CITY pertaining to the work, insurance policies and certificates, and any supplemental written agreements amending or extending the scope of the work originally contemplated that may be required to complete the work in a substantial and acceptable manner. 019COND. THE WORK.. CONTRACTOR agrees to furnish all tools, labor, material, equipment, transportation, and supplies necessary to perform and complete in good and worlmnanlike manner the construction of Sid mg& and Access Ramp Construction Project ACIP Nos. 08103, 10101, and 07119 in strict conformity with the Plans, Specifications and all other contract documents, which documents are on file at the Public Works Department, City Hall, 32400 Paseo Adelanto, San Juan Capistrano, California. THIRD. PAVIENT. CITY agrees to pay, and CONTRACTOR agrees to accept, the lump sum adjusted for variations of quantities, at -the prices designated in proposal at the time and in the manner set forth in the Specifications. FOURTH. COhOdENCEMENT AND COMPLETIO rN OF THE WORK. CONTRACTOR agrees to begin and complete the work within the time specified in the Notice Inviting Proposals. It is agreed that it would be impractical and extremely difficult to fix the actual amount of damages, and loss sustained by CTTY�ould CONTRACTOR fail to complete'the work in the specified time; therefore, CONTRACTOR shall pay CITY, as liquidated damages, not in the nature of a penalty, Five Hundred Dollars ($500) per calendar day for each day delayed; provided that extensions oftime with waiver of liquidated damages, may be granted as provided in the Specifications. C-1 PERFORMANCE BOND AND LABOR AND MATE1t AL BOND. CONTRACTOR V agrees to furnish bonds the performance ofthis contract and guaranteeing payment of all labor and material used under this contract, as required by the laws of the State of California, on forms approved by the CITY. The Performance Bond shall be for an amount of one hundred percent (100'10) of the amount of this contract and shall be conditioned on fiill and complete performance of the contract, guaranteeing the work against faulty workmanship and materials for a period of one (1) year after completion and acceptance. The Labor and Material Bond shall be for an amount of one hundred percent (100°/x) of the amount ofthis contract and shall be conditioned upon full payment of all Labor and Material entering into or incidental to the work covered by this contract. CONTRACTOR agrees to famish the bonds on the forms found within the Specifications. CONTRACTOR agrees to pay CITY such sum as the Court may judge as reasonable for the legal services of any attorney representing the CITY in any action brought to enforce or interpret the obligations of this agreement, and such sums shall be made a part of any judgment in such action against CONTRACTOR if such action is determined in favor of said CITY. The required Performance, Labor and Materials Bonds, and Bid Bond shall provide that the surety shall pay attorney's fees incurred by CTTY in enforcing this agreement. SIXTH. GMEAL 1% EVAILING RATE OF PER DEEM WAGES. Pursuant to the Labor Code of the State of California, copi.cs of the prevailing rte ofper diem wanes. as determined by the Director of the State Department of Industrial Relations, are on file in the Office of the City Clerk, 32400 Paseo Adelanto, San Juan Capistrano, California, and are hereby incorporated and made a part hereof. CONTRACTOR agrees that he, or any SUB -CONTRACTOR under him, shall pay not less than the foregoing specified prevailing rates of wages to all workmen employed in the execution of the contract. SEVENTH. INSLT ANCE. CONTRACTOR shall maintain at all times during this contract liability and property damage insurance naming the CITY and its elected and appointed officials as a named insured, which such policies shall be of an amount not less than Two Million Dollars ($2,000,000) combined single limit. Insurance certificates shall be for a minimum period of one (1) year. �W CONTRACTOR shall maintain in full force and effect comprehensive automobile liability coverage, including owned, hired, and non -owned vehicles in the following minimum amounts: $1,000,000 property damage; $1,000,000 injury to one personlany one occurrence) not limited to contractual period; $2,000,000 injury to more than one person/any one occurrencetnot limited to contractual Period - The insurance policies shall bear an endorsement or shall have an attached rider providing that in the event of expiration of proposed cancellation of such policies for any reason whatsoever, the CITY shall be notified by registered mail, return receipt requested, giving a sufficient time before the date thereof to comply with the applicable law or statute but in no event less than thirty (30) days before expiration or cancellation is effective. CONTRACTOR shall provide to CITY the policy certificate establishing that the required level of insurance has been satisfied. CONTRACTOR shall indemnify; defend and save harmless the CITY, AMM Management, its officers, agents, and employees from and against any and all claims, demands, loss or liability of any kind or nature which CONTRACTOR, its officers, agents and employees may sustain. or incur or which may be imposed upon them or any of them for injury to or death of persons, damage to property as a result of, or arising out of, or in any manner connected with the performance of the obligations under this contract. EIGHTH. COMPLIANCE WITH OTHER PROVISIONS OF LAV RELATIVE TO PUBLIC CONTRACTS. CITY is subject to the provisions of the Government Code and the Labor Code of the State of California. It is stipulated and agreed that all provisions of law applicable to public contracts are a part of this contract to the same extent as though set forth herein and shall be complied with by CONTRACTOR. These include, but are not limited to, the stipulation that eight (8) hours labor constitute a legal day's work and CONTRACTOR shall, as a penalty to CITY, forfeit Twenty-five Dollar ($25) for each workman employed in the execution of the Contract by CONTRACTOR, or by any SUB -CONTRACTOR, for each calendar day during which such workman is required or permitted to work more than eight (8) hours in violation of the provisions of C-3 Article Three, Chapter One, Part Seven, Division 2, of the California Labor Code, except as permitted by law. IN WITNESS WHEREOF, this contract is executed by the duly authorized agent(s) of CITY, pursuant to City Council action, and by CONTRACTOR on the date set before the name of each. CITY OF SAN JUAN Larft Kramer, Mayor U i �?ce- iJ BY: E ZfirGf/0 "5 Contractor License No. Classification APPROVED AS TOFORM: / � r f; C-4 RESOLUTION No. 12-09-18-02 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, DECLARING WORK TO BE COMPLETED AS TO PLANS AND SPECIFICATIONS FOR THE SIDEWALK IMPROVEMENTS AND ACCESS RAMPS PROJECT (CIP NOs. 10101, 10105, AND 07119) WHEREAS, on the 6th day of March 2012, the City of San Juan Capistrano entered into a Construction Contract with Naka Engineering Contractors to perform the Sidewalk Improvement and Access Ramps Project at various locations on Alipaz Street, Avenida de la Vista, Camino Del Avion, Del Obispo Street, and at the entrance to the City Community Center building-, and WHEREAS, the City Engineer has evaluated the final quantities and cost figures and recommends approval. NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of San Juan Capistrano, does resolve as follows: SECTION 1. That the work required to be performed by said Contractor has been completed. SECTION 2. That the total cost of said work is $93,019 which includes $4,369 of extra work above the contract amount of $88,650. SECTION 3. That the work is hereby accepted and approved. SECTION 4. That the City Clerk is directed to forward forthwith a Notice of Completion to the County Recorder of the County of Orange for Recording. PASSED, APPROVED, AND ADOPTED this 18`' day of September 2012. Larry Kramer' Mayor ATTEST: w Maria Morris, City Jerk t: 1 9/1812012 STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF SAN JUAN CAPISTRANO ) 1, MARIA MORRIS, appointed City Clerk of the City of San Juan Capistrano, do hereby certify that the foregoing Resolution No. 12-09-18-02 was duly adopted by the Citi Council of the City of San Juan Capistrano at a Regular meeting thereof, held the 18 day, of Septem er 2012, by the following vote: AY �C UNCIL MEMBERS: Allevato, Freese, Reeve, Taylor and Mayor Kramer NOE OUNCIL MEMBER: None ABSE i ' . OUNCIL MEMBER: None S, City C 2 9/18/2012 n i� A/C:009664 CALIF- "IIIA PRELIMINARY NO` -ICE JOB:00107 IN ACCORDANCE WITH SECTION 3097 AND 3098, CALIFORNIA CIVIL CODE THIS IS NOT A LIEN, THIS IS NOT A REFLECTION OF THE INTEGRITY OF ANY CONTRACTOR OR SUBCONTRACTOR RECEIVED YOU ARE HEREBY NOTIFIED THAT.... )TUB CONSTRUCTION SPECIALTIES, INC. I0('1 CONSTRUC ot��ry A 5 25 379 SOUTH "i" STREET, P.O. BOX 1269 Reputed Cont l e�r, ii SAN BERNARDINO, CA 92402-1269 Tx r �` �'g gITY CLERK has furnished or will furnish labor, services, equipment or *NONE REP?RV'JDAN materials of the following general description: N CAPISTRANO MISCELLANEOUS CONCRETE ACCESSORIES FASTENERS, RENTALS, ETC. E for the building, structure or other work of improvement located at: SAN JUAN CAPISTRANO AVENIDA DE LA VISTA JOB JA1438 SAN JUAN CAPISTRANO, CA 926750000 OWNER or PUBLIC AGENCY or Reputed Owner (on public work) The name of the person or firm who contracted for the (on private work) purchase of such labor, services, equipment or material is: JACON CONSTRUCTION SPEC. Cert:7011 2000 0002 7940 2115 12375 MILLS AVENUE #3 (1 CHINO, CA 917100000 VV'' CITY OF SANJUAN CAPISTRANO P 32400 PASEO ADELANTO An estimate of the total price of the labor, services, SAN JUAN CAPISTRANO, CA 92675 equipment or materials furnished or to be furnished is: y $3,500. Trust Funds to which Supplemental Fringe Benefits are Payable: (Material men not required to furnish) (name) (address) ORIGINAL CONTRACTOR or Reputed Contractor, if any Cert:7011 2000 0002 7940 2122 NAKA ENGINEERING 17777 MAIN STREET SUITE G2 IRVINE, CA 92614 SUBCONTRACTOR with whom claimant has contracted JACON CONSTRUCTION SPEC. 12375 MILLS AVENUE #3 CHINO, CA 91,710 NOTICE TO PROPERTY OWNER If bills are not paid in full for the labor, services, equipment or materials furnished or to be furnished, a mechanic's lien leading to the loss, through court foreclosure proceedings, of all or pari of your property so being improved may be placed against the property though you have paid your contractor in full. You may wish to protect yourself against this consequence by (1) requiring your contractor to furnish a signed release by the person or firm giving you this notice before making payment to your contractor, or (2) any other method or device that is appropriate under the eircumstanees. Other than residential homeowners of dwellings containing fewer than five units, private project owners must notify the original contractor and any lien claimant who has provided the owner with a preliminary 20 -day lien notice in accordance with Section 3097 of the Civil Code that a notice of completion or notice of cessation has been recorded within 10 days of its recordation. Notice shall be by registered mail, certified mail, or first class mail, evidenced by a certificate of mailing. Failure to notify will extend the deadlines to record the lien. Dated: 6-07- MOLLIE LAfotk CUSTOMER SERVICE Tel Number: (909) 379-2122 Fax Number:(909) 885-5974 Kristen Lewis From: Kristen Lewis Sent: Tuesday, June 12, 2012 7:55 AM To: Maryam Ramsey Cc: Lindsey Mannan Subject: Preliminary Notice - Naka Engineering Attachments: Preliminary Notice - Naka Engineering.pdf Good morning, Please see attached a new preliminary notice. Thank you, Kristen Leis City Clerk'; Office (pity of San Juan Capistrano 32400 Paseo Adelanto San Juan Capistrano, CA 92675 (949) 443-6300 I fax (949) 493-105:3 CNA 4/16/2012 12:25:54 PM PAGE 1/002 Fax Server CA Western Surety Company RIDER INCREASING OR DEGREASING PENALTY OF BOTS To be uLLadbud. Lo wid farm purL or ADA Rams & Sidewalk 0w.HOrin of Bond) Bond No, 71213218issuedorlbehalfof Nader Kazemi dba Naka Engiceexing as pxinaingl infavar d San .main ,Capistrano Obligee. WESTERN SURETY COMPAN% (hereinatier called the Company) hereby re aaW Eihty-Six Thousand six Hundred Fifty and thapenaltyfrom 001100 -DOLLARS ( B5.665 Dia D )� to t E = Thaus sLX___Uund&ed Fifty and 0 00 DOLLARS ($88 subject to the covenants end conditions of said bond, except as herein stated, This Adorbccomas ofcctive on tho 12th day cf April r 2012 at twelve and one minute o'clock AM standard time. ACCEPTED 0 G us_ 16th day 02012 . aeuece Nadtsr• Nuzeml dba Naka Eny:Uweriay Contxactors PrInaipal By WESTE URETY COMPANY Hy Pmol T. &vfak rrr Vice Pseeidmt Forrn494�0D7 �}r' CNA +4/16/2012 12:25:54 PM PACE 2/002 Fax Server Western Surety Company POWER Or ATrORNLY _ CMTIi'IED copy Hood No. ' 71213210 Snow All Mea By Mme Praemto, that WESTERN 8UlZM CMApANX a eerporatiasu duly orgaafead and o4stfng under the. lawn edtho Stato of South Dakota, and Laving ita Principal office in Sunt, Ballo, South Bakota (the "CamPIMY"), does W tbaseprnsanto maim, cM3titata end appaint PRUX T. BrUf its I= and lawful atter M(s}no-faet. With fall power mad authudts hereby can behalf as Surety, bonds for 6ramd to ezecnta, ae]taaWvledge and deliver Coraad an ire Principal: Nader Hazemi dha Naka Engineering Contractors Obligoo: San Juan Capistrano Amount, $500,000,00 and to hind the CempaW thereby am BLUY ead to the eesne extant as if ouch bands were signed by the 6aaier Vice Presidsot, sealed with the ooPorato coal of the CoraparW and duly attested by its Secretary, hereby rag6ju and em$rmiag all that the said attornau(ei.jn fact map do viithin the above slated llmitat3rms. Seid appaintnrent is made mmdar and by authority odtho W6m ing bylaw of Weatam Sunny Company which remain¢ in £all force and affect. "Soodon 7. A0 barrio, Po W=- tmdwtaldogs, Powera of httoenzy or other obligatiaa 'of the co pomtioa shnU ba wwctdcd in the earporato -erns of tho Campary by tbo Preaideat, 8mtvtary', any Assistant 8ccrefary, �ireaenrR, any Vua Pxoxddaat or by ouch other ofixe a ar the Beard of Diraeim nutty is who o. The Praeidoat, m' Vi00 rcmident, Secretary, any-Assictant Sevretxry, ar theTroasuror may appoint Attaraeyr in Fact or agents vols ahaQ Lave autbu+rify to franc beads, p oliciea, of tmdartaldogs in the amore of the Comp�nlr- The corporate seal is not neceasm7 fir the validity of MW bonds, POW02. =dartalonga, Poware of Attorney a.,otber obltgatieno of the cwrpnratian. 'flan signRtnrm afagy surd, affix r +md the mr2:nram Reel may be printnd by rerrimiln." All authority hareby conferred shall expire and tonin ate, witbaut notice, unloss us ad befiore midnight of April 23 2012 , but until such limo abaft be itrovcoablo or in 6c11 form mad affmi. ° In VAtnaas Wbereof, Western Smroty Compare• boa caused theta prta®ts to be signed by ite Stniar Vice president, Paul T. BrgfW, end its'. W be vAnd this 6kh dm of r' 201? ait':rer_ &ArP WEST R SURE,U COMPANY Pan1T„Erufia or VicePrasfdaat On this 16th dy of , iu the year . 2 012 , hefcrrn aur, a uatary p uhlic, Pere a eereJ Pau] T. Bmilat, who os"M7 PN baiod to ma duly ■ucara, arlmarvledgad that be signed tho above Power of Attorney m the of oiald elScar of WS6TWflTliils7 COMPANY and aoimowladgadsaidinaLt�eattobethe vclunktxyact maddeadofsaid aarparatioa. i�►t,tMuw,ti,e„vw,. D. KRELL � �%Bam CAt(f17A ataty PubfiC - South i)alrota �w�N4\,rMMM►Y\MtiM; My Censnkdi n l-5VM NMM*W 30, 2012 I the tmdaeigned efface of W -tarn Surety Coarperiy, a stack .Peratien of the Stato of South Dalmta, do beroWcerci% that the attached Pe-ar of Atternv it in fdl tome sad d kt mad to irrevocable, and f trthetmcro, that Section 7 of the bylnwa of the CoeapjgLy ar sat firth fi the. Pawn of Atwmgy fa taow fn ferre. in t 047 Ihwft larmla ad my Land end -cal aflVe urn 9nrety Compal this Z 6th April — 201.2 day of Farm F6306416me WEST R .SU.RE CO-MPANY Paull T, or Vice fteidant ; ' 0;./63/2912 12:34 94967. d9 CONSULTING PAGE 62/95 Bond #71213218 PERFORMANCE BOND KNOW ALL MEN BY THESE PRESEN'T'S: That NAKA ENGINEERING CONTRACTORS as Principal, hereinafter called CONTRACTOR, and WESTERN SURETY COMPANY as Surety, hereinafter called SURETY, are held and firmly bound unto the CITY OF SAN .YUAN CAPISTItANO, as Obligee, ' hereinafter called CITY, in the amount of EIGHTY-SIX THOUSAND SIX HUNDRED FIFTY AND NO/100THS----- (86,650.00) Dollars for paynient whereof Contractor and Surety bond themselves, their heirs, executors, administrators, successors, and assign's, jointly and severally, fairly by these presents. WHEREAS, Contractor has by written agreement dated JANUARY 1, 2012 entered into a (describe agreement): FOR THE CITY OF SAN JUAN CAPTSTRANO CONTRACTED TO DO ADA RAMS AND SIDEWALK FOR THE CITY which contract is by reference made a part hereof; NOW THEREFORE, the condition ofthi s obligation is such that, if Principal shall promptly and faithfully perform said agreement, then this obligation shall be null and void; otherwise it shall remain in full force and effect. Surety waives whatever legal right it may have to require that a demand be made first against the principal in the event of default. BE IT FURTHER RESOLVED that: I. As a part of the obligation secured hereby, and in addition to the face amount specified, there shall be included costs and reasonable expenses and fees, including reasonable attorney's fees, incurred by City in successfully enforcing such obligation, all to be taxed as costs and included in any judgment rendered. PB -1 01!93/2612 12:34 943675 .a0 GF CENSULTING PAGE 03/05 2. Said Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration, or modification of the contract documents or of the work to be performed thereunder, shall in any way affect its obligations or this bond, and it does hereby waive notice of any such change, extension of time, alterations, or modifications of the contract documents or of work to be performed thereunder. 12 Executed tWs 2ND day of APRIL , 2OFF, at SACRAMENTO CA , California. APPROVED AS TO FORM OMAR SANDOVAL, CITY ATTORNEY PR1N C (NOTARIZATION AND SEAL) NADER ALEX KAZEMI SURETY 3 oma KAREN ALAINE .. PB -2 01/03/2012 12;34 949679, A GF CONSULTING LABOR AND MATERM BO KNOW ALL MEM BY THESE PRESENTS: That PAGE 04/05 BOND #71213218 Premium Included WHEREAS, the CITY OF SAN JUAN CAPISTRANO, a municipal corporation of Orange County, California, has awarded to NAKA ENGINEERING CONTRACTORS ' , License No. 859877 hereinafter designated as "Principal", a cozqact for CITY OF SAN JUAN CAPISTRANO TO DO ADA RAMPS AND SIDEWALK and WHEREAS, said Principal is required to furnish a bond in connection withthe said contract providing that if said Principal, or aay of his or its sub -contractors, shall fail to pay for any materials, provisions, prorrender or other supplies or teams used in, upon, for or about the performance of the work contracted to be done, or for any work or labor done thereon of any kind, the surety or this bond will pay the same. NOW, THEREFORE, we NAKA ENGINEERING CONTRACTORS Principal, and WESTERN SURETY COMPANY as surety, are Hold firmly bound unto the City of San Juan Capistrano, a municipal corporation, in the penal sum of EIGHTY-SIX THOUSAND SIX HUNDRED FIFTY AND NO/100THS--------------------- DOLLARS ($_E6 , 6 5 o . oo , lawful money of the United States of America, for payment of which sum well and f truly to be made we bind ourselves, our heirs, executors, administrators and successors, jointly and severally, firmly by these presents. TflB CONDITION OF THIS OBLIGATION is such tbat, if said Principal, his or its heirs, executors, administrators, successors or assigns, or sub -contractors, shall fail to pay for any materials, provisions, provender, or teams, or other supplies or equipment used in, upon, for or about the performance of the work contracted to be done, or for any work or labor done thereon of any kind, or for amounts due under the Unemployment Insurapce Act with respect to such work or labor as required by the provisions of Title i, Division 5, Chapter 3 of the Government Code of California as amended, that the surety will pay for the same in an amount not exceeding the sum specified in this bond and also in case suit is brought upon the bond, a reasonable attorney's fee to be fixed bythe court. This bond shall inure to the benefit of an and all persons, compan les and corporations entitled to file claims under said act, so as to give a aright of action to them or their assigns in any suite brought upon this bond. FURTHEP, the said surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration or modification of the contract documents or of the work to be performed thereunder shall in any way affect its obligation on this bond and it does hereby waive notice of any such change, extension of time, alteration ormo dification of the contractdocurnents or of work to be perfonued thereunder. LM -1 01/03/2012 12:34 949679,_jo GF CONSULTING PAGE 05/05 As a part of the obligation secured thereby, and in addition to the face amount specified therefore, there shall be included costs and Treasonable expenses and fees, including reasonable attomey's fees, incurred by City in successfully enforcing such obligation, all to be taxed as casts and included in any judgment rendered. IN WITNESS WHEREOF three (3) identical counterparts of this instrument, each of which shall for all purposes be deemed an original thereof, have been duly executed by the Principal and surety herein named on the ?N° day of APRIL ,204U The name and corporate seal of each corporate party being hereto affixed and these presents duly signed by its undersigned representatives pursuant to authority of its governing body. J. opbRATF APPROVED AS TO FORM OMAR SANDOVAL, CITY A"T"TORNEY LM -2 ENGINEERING CONTRACTORS OPAL WESTERN SURETY COMPANY FIR TOP "11 M1011 - I 11 LIArl-TIM(l, CNA 1/3/2012 5:00:49 PM PAGE 3/004 Fax Server Western Surety Company POWER OF ATTORNE- Y - CERTIFIED COPY Bond No. 71213 219 ]know All Muti By Thera Presents, that WESTERN SURETY COMPANY, a corporation duly organized and oxisting under the laws of the State of South Dakota, and having its prindpal awwo in Sioux Fallo, South Dakota (the "Company'); door by these proaents mako, ccnatitute and appoint _ KAREN ALArNR LINDSR - its true and lawful attorney(s)-in-fect. with full power and authority hereby conferred, to execute, admowledee and deliver for and on its behalf as Surety, bond% for- Principal: oo - Principal. Nader Kazemi dba Naka Engineering Contractors Obligee: City of San Juan Capistrano Amuntc $500,000.00 and to bind the Company thereby as fully and to the same extent as if such bonde were signed by the Senior Vice President, sealed with the corporate seal of the Company and duly attested by its Secretary, hereby ratifying and confirming all that the said attarney(s)•in-fact may do within the above stated limitations, said appointment is made under and by authority of the fallowing bylaw of Wevtcrn Surety Company which remain% in full force and effect. "Section ?. All bonds, policies, undertakings, Powers of Attorney or other obligations of the corporation shall be executed in the corporate name of the Company bf the President, Sea atary, any Assistant Somvtary, Treamwer, or any Vice President or by ouch other officers as the Board of Diroctars may authorize. The President, any Vico President, Secretary, any Assistant Secretary, or the Treasurer may appoint Attorneys in Factor agents who shall have authority to issue bandy, policies, or undertakings in the name of the Company. The corporate seal is not necessary far the validity of any bonds, policies, undertakings, Powers of Attorney or other oUigations of the rmWrstian. The xigrishrrP of any snrh officer and the mrpnrat' t<rsel rnay ha prinW by famrimile." All authority hereby conferred shall expire and terminate, without notice, unless used before midnight of April 23 2 01 2 ,hut until such time shall be irrevocable and in full force and offset. In Witness Whereof, Western Surety Company has causad these presents to be signed by its Seiner Vice President, Paul S. Bruflat, fixed this 3rd day of Janua- 2012 WEST R SURE COMPANY Paul T. Brufla nior Vice President On this 3rd day of jnnuazy , iu tilt your 2012 , befurC uce, a nutary public:, perauually apprared Paul T. Bruflat, who being to me duly swans, acknawladgod that he ugaod the above Power of Attorney as the aforesaid officer of WESTERN SURETY COMPANY and acknowledged said inouvmout to be the voluntary act and dead of said corporation. + D. KRELL i WSVJTH OrARY PUBLIC otary Public - South Dakota t1Y1Kc My Commission Exores November 30.2012 I the undersignad officer of Western Surety Company, a stoop corporation of the State of South Dakota, do hereby certify that the attached Power of Attorney a in full Force and effect and Is irrevocable, and furthermore, that Section 7 of the bylaws of the Company ar set fnrth in the Pownr of Atxmnny fit now in farm. In testimony whereof, I have hereunto set my hand and seal of Western Surety Company this 3rd day of JanuarV 2012 WEST R SURE COMPANY 7 Paul T. Brufl-Asnior Vice President Ferm F630&9 -20e8 CNA 1/3/2012 5:00:49 PM PAGE 4/004 Fax Server El Acknowledgment of Principal X AcknowledginentofSurety (Attorriiey-in-Fact) STATE OF CALIFORNIA B6 COUNTY OIC .-'7 s�cttAMErrTo 0 On fJ` before me, . +JL/ lam✓ 0 tT date here insert a and title of th c r ;persuciaUy app®areci KAREN A.LAINE L--NDER riamr(F) of sigrpr(s) who proved to me on the basis of satisfactory evidence to be the persorj pj wheso nam*6%re subscribed to the within instrument and acknowledged to me thath6111they executed the same in hi ie -/their authorized capacitybesj' and that by hire their signature(aron the instrument the person(@); or the entity upon behalf of which the person(eyacted, executed the instrument.. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true apd-correct. S JOHNSON Commission # 1886481 <t.! Notary Public - California z Ih'IT and and official seal. Z Sacramento County My Comm Expires Ma 12, 2014 Signa re' _ _ - _ -- (Seal) (The balance of this page is intent ona ly left blank.) J/ J Western Surety company Form 1900.1.2008 9/18/2012 41 D10 City of San Juan Capistrano AgenrWorks ort TO: Karen P. Brust, City�n FROM: James G. Ross, Interimirector4' Prepared by: Maryam F. Ramsey, Associate Enginee DATE: September 18, 2012 SUBJECT: Consideration of Notice of Completion for the Sidewalk Improvement and Access Ramps Project (CIP Nos. 10101, 10105, and 07119) (Naka. Engineering Contractors); and Appropriation of Funds. RECOMMENDATION: By motion, 1. Adopt a Resolution declaring construction of the work for the Sidewalk Improvement and Access Ramps Project complete, accepted and approved; and, 2. Direct the City Clerk to process the recording of the Notice of Completion; and, 3. Authorize staff to release the 10% retention, in the amount of $8,865 thirty five (35) days after recordation; and, 4. Approve an additional appropriation of $53,250 from the Systems Development Fund to provide funding for the portion of the construction contract applicable to C1P Nos.10101 and 10105 and adjust the CIP budgets as outlined in the fiscal impact section of this report. EXECUTIVE SUMMARY: At its March 6, 2012, meeting, City Council awarded a Construction Contract to Naka Engineering Contractors in the amount of $88,650 to construct various sidewalk and access ramp improvements at Alipaz Street, Avenida de la Vista, Camino Del Avion, Del Obispo Street, and at the entrance to the City Community Center building, and authorized the City Manager to approve up to a 10% contingency in total construction cost. The work was performed by Naka Engineering Contractors and completed on June 27, 2012, to the satisfaction of the Interim Public Works Director and is ready for acceptance and recordation of a Notice of Completion with the County Recorder. City Council Agenda Report September 18, 2012 Page2of4 DISCUSSION/ANALYSIS: Fifteen (15) access ramps and sidewalks at various locations on Alipaz Street, Avenida de la Vista, Camino Del Avion, Del Obispo Street, and the entrance to the City Community Center building were constructed and/or reconstructed in compliance with the American Disability Act requirements. FISCAL IMPACT: The Construction Contract was awarded to Naka Engineering Contractors in the amount of $88,650 and completed for $93,019. Construction of extra curbs, sidewalks, and related dry utility facility adjustments were needed to complete the work to be in compliance with the Americans Disabilities Act (ADA) requirements. The additional cost of $4,369 is within the 10% contingency amount that was approved at the March 6, 2012, City Council meeting, and will be covered by funds available in Capital Improvement Project Numbers 10101 ($1,084) and 07119 ($3,285). When the original construction contract went to City Council in March 2012, it was assumed that funding from CIP No. 08103 could be applied towards this Sidewalk Improvement and Access Ramps Project. Although there were sufficient funds in CIP No. 08103, the funding in that project account is a Safe Route to Schools Grant which did not include the areas constructed under this contract. The result is the need to reallocate $59,450 originally charged to CIP No. 08103 to other budgets. $20,950 for the work on Alipaz Street will be reallocated to CIP No. 10101; and $32,300 for the work on De La Vista will be reallocated to CIP No. 10105; for a total of $53,250 which is recommended to be appropriated from the Systems Development Fund reserves. The remainder of $6,200 is available in the Facilities Operations Fund to fund the access ramps constructed at the Community Center. The table below outlines the original construction contract allocation and a corrected allocation based on location of the sidewalk improvements and access ramps. The required budget adjustment is recommended from the Systems Development Fund. NAKA Engineering Contractors Sidewalk Improvementsand Access Ramps Project Construction Contract Allocation Project d Project Description 07119 Del Obispo Rehabilitation -Aguas to Blue Fin Via PositivaSide walk/Ave. Descanso Lighted 08103 Crosswalk 10101 Alipaz Street, - Calle Lucana to 140' North 10105 De La Vista Sidewalk and ADA Ramps N/A" Community Center BuildingRarnps - Represents FY 11/12 CIP Budget less staff time and other costs. *' - Actin 81-8372.5-64116-00006610 FY 11/12 Original Corrected Final FY 11/12 Budget Contract Contract Additional Construction Budget Adjustment Allocation Allocation Costs Allocation Available' Required $23,200 $33,200 $3,285 $26,485 526,485 $0 59,450 0 0 0 N/A 0 6,000 26,950 1,084 28,034 7,084 20,950 0 32,300 0 32,300 0 32,300 0 6,200 0 6,200 6,200 0 588,650 $88,650 $4,369 $93,019 $39,769 $53,250 City Council Agenda Report September 18, 2012 Page 3 of 4 Additionally, the original design of the sidewalk improvements and access ramps paid for in Fiscal Year 2010 -11 was allocated completely to CIP 08103 as opposed to being allocated appropriately among the projects being designed. Therefore an adjustment to the project costs to date is required. This entire cost was originally charged to the Systems Development Fund which was appropriate, so there is no impact to the Systems Development Fund; however, an adjustment to the Fiscal Year 2011-12 project budgets to cover this correction is as follows; AMN Management- Design Contract Sidewalk Improvements and Access Ramps Projects Actual Costs - Fiscal Year 2010/11 ect# Project Description 08103 Via Positiva Sidewalk/Ave. Descanso Lighted 10101 Alipaz Street- Calle I_ucana to 140' north 10105 De La Vista Sidewalk and ADA Ramps 11109 Camino Lacouague Sidewalk ENVIRONMENTAL IMPACT: Not applicable. PRIOR CITY COUNCIL REVIEW: Original Corrected Contract Contract Allocation Allocation Difference $30,780 $10,025 ($20,755) 0 2,8S5 2,855 0 3,285 3,285 0 14,615 14,61S $30,780 $30,780 $0 On March 6, 2012, the City Council awarded the Construction Contract for the Sidewalk Improvement and Access Ramps Project to Naka Engineering Contractors, in the amount of $88,650, and authorized the City Manager to approve up to a 10% contingency in total construction cost as needed. COMMISSION/COMMITTEE/BOARD REVIEW AND RECOMMENDATIONS: The Sidewalk Improvement and Access Ramps Project was presented to the Development Advisory Board at its February 2, 2011, meeting as an information item and was approved without comment. NOTIFICATION: Naka Engineering Contractors City Council Agenda Report September 18, 2012 Page 4 of 4 ATTACHMENTS: Attachment 1 — Resolution Attachment 2 — Notice of Completion Attachment 3 — Location Map Attachment 4 — Project Site Pictures RESOLUTION No. 12-09-18-xx A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, DECLARING WORK TO BE COMPLETED AS TO PLANS AND SPECIFICATIONS FOR THE SIDEWALK IMPROVEMENTS AND ACCESS RAMPS PROJECT (CIP NOs. 10101, 10105, AND 07119) WHEREAS, on the 6th day of March 2012, the City of San Juan Capistrano entered into a Construction Contract with Naka Engineering Contractors to perform the Sidewalk Improvement and Access Ramps Project at various locations on Aiipaz Street, Avenida de la Vista, Camino Del Avion, Del Obispo Street, and at the entrance to the City Community Center building, and WHEREAS, the City Engineer has evaluated the final quantities and cost figures and recommends approval. NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of San Juan Capistrano, does resolve as follows: SECTION 1. That the work required to be performed by said Contractor has been completed. SECTION 2. That the total cost of said work is $93,019 which includes $4,369 of extra work above the contract amount of $88,650. SECTION 3. That the work is hereby accepted and approved. SECTION 4. That the City Clerk is directed to forward forthwith a Notice of Completion to the County Recorder of the County of Orange for Recording. PASSED, APPROVED, AND ADOPTED this 181h day of September 2012. Larry Kramer, Mayor ATTEST: Maria Morris, City Clerk ATTACHMENT 1 RECORDED AT REQUEST OF AND RETURNED TO: City of San Juan Capistrano City Clerk's Office 32400 Paseo Adelanto San Juan Capistrano, CA 92675 RECORDING FEES EXEMPT DUE TO GOVERNMENT CODE SECTION 6103 Maria Morris, City Clerk San Juan Capistrano, CA NOTICE OF COMPLETION NOTICE IS HEREBY GIVEN that a contract was heretofore awarded by the City of San Juan Capistrano to Naka Engineering Contractors, 17777 Main Street, Suite G2, Irvine, CA 92614 to perform the Sidewalk Improvement and Access Ramps Project (CIP Nos. 10101, 10105, and 07119). That the said work was completed on June 27, 2012, by said company according to plans and specifications, and to the satisfaction of the Interim Public Works Director of the City of San Juan Capistrano, and that said work was accepted by the City Council of the City of San Juan Capistrano as owner, 32400 Paseo Adelanto, San Juan Capistrano, California 92675, at a regular meeting thereof held on the 18th day of September 2012. That upon said contract, Western Surety Company was the surety for the bonds given by the said company as required by law. Dated at San Juan Capistrano this 18th day of September 2012. Maria Morris, City Clerk City of San Juan Capistrano STATE OF CALIFORNIA ) COUNTY OF ORANGE ) SS CITY OF SAN JUAN CAPISTRANO ) I, MARIA MORRIS, the duly appointed and qualified City Clerk of the City Council of the City of San Juan Capistrano, California, DO HEREBY CERTIFY, under penalty of perjury, that the foregoing Notice of Completion is true and correct, and that said Notice of Completion was duly and regularly ordered to be recorded in the Office of the Orange County Recorder by said City Clerk. Dated at San Juan Capistrano this 18th day of September 2012. Maria Morris, City Clerk City of San Juan Capistrano ATTACHMENT 2 +1 CITY OF SAN JUAN CAPISTRANO 4 \,� Avenida De La Vista Del Obispo Street Various Locations J 41, ;i L.,✓ ��/ -err Ol �'•, , f "AJipaz and Calle Lucana Community Center of r f N ' -- .4 Yq E LEGEND S Streets Trails 0 1,500 3,000 8,000 Feet ATTACHMENT 3 Avenida de la Vista at Calle San Luis Avenida de la Vista at Calle San Diego ATTACHMENT 4 Camino Del Anion at Del Obispo Street ATTACHMENT 4 32400 PASEO ADEL.ANTO SAN JUAN CAPISTRANO, CA 92575 (949) 493.1171 (949) 493.1053 FAX wmiti sant a can Cap Istranu.ary MEMBERS OF THE CITY COLING€L NOTIFICATION OF MEETING OF POTENTIAL INTEREST OF THE SAN JUAN CAPISTRANO CITY COUNCIL SAM ALLEVATO LAURA FREESE LARRY KRAMER DEREK REEVE JOHN TAYLOR The City Council of San Juan Capistrano will meet at 6:00 p.m. on Tuesday, September 18, 2012, in the City Council Chamber in City Hall, to consider. "1. Consideration of Notice of Completion for the Sidewalk Improvement and Access Ramps Project (CIP Nos. 10101, 10105, and 07119) (Naka Engineering Contractors); and Appropriation of Funds (600.30)"- Item No. D10 If you have specific thoughts or concerns regarding this item, you are encouraged to participate in this decision making process. You can communicate with the City Council through correspondence addressed to the Council and/or by attending the meeting and speaking to the Council during the public meeting. Correspondence related to this item must be received at the City Clerk's office by 5:00 p.m. on Monday, September 17, 2012, to allow time for the Council to consider its content. If you would like to speak at the meeting, please complete a yellow "Request to Speak" form found inside the entrance to the Council Chamber. This form is turned in at the staff table, just in front of the Council dais. You will be called to speak by the Mayor when the item is considered. You have received this notice at the request of the City staff member Maryam F. Ramsey, Associate Engineer. You may contact that staff member at (949) 443-6366 with any questions. The agenda, including agenda reports, is available to you on our web site: www.sanivancapistrano.orq. If you would like to subscribe to receive a notice when agendas are posted to the web site, please make that request by sending an e-mail to: cityclerkCcDsanouancapistrano.org. Maria Morris, CMC City Clerk cc: Naka Engineering Contractors; Moore lacofano Goltsman, Inc. ti", 10., Jrtf111 (-'(i/7;.�Ira 0it0.- I'll -, w€°: 1 i'rt.« Ehe Pets( to 1;ahlmuc the F1111►,r 3/6/2012 AGENDA REPORT D7 TO; Karen P. Brust, City Ma Iyag FROM: Nasser Abbaszadeh, Public Works Director SUBJECT: Consideration of Award of Contract — Sidewalk Improvement and Access Ramps Construction (Naka Engineering Contractors) (CIP Nos. 10101, 08103, and 07119); and Personal Services Agreement for Construction Support Services for the Dei Obispo Street Access Ramp (Moore lacofano Goltman, Inc.) (CIP No. 07119) RECOMMENDATIONS: By motion, Award a Contract for the Sidewalk Improvement and Access Ramps Construction to the lowest responsible bidder, Naka Engineering Contractors, in the amount of $88,650 and reject all other bids; and, 2. Approve a Personal Services Agreement with Moore lacofano Goltman, Inc. (MIG) for construction support services in the amount of $3,295; and, 3. Authorize the City Manager to approve up to a 10% contingency in total project costs for an amount of $9,195 as needed. SITUATION: Surnmary and Recommendation: Staff circulated a Request for Proposals (RFP) for construction of concrete improvements and access ramps to seven contractors. Two contractors responded to the RFP. Staff is recommending that the City Council award the contract to the lowest responsible bidder, Naka Engineering Contractors, in the amount of $88,650. Staff is also recommending that the City Council approve a Personal Services Agreement with Moore lacofano Goltman, Inc. (MIG) for construction support services in the amount of $3,295. MIG consultants are experts in reviewing and certifying access ramp construction in compliance with the Americans with Disability Act (ADA). Agenda Report Paae 2 Background: March 6, 2012 This project will include the following improvements to be constructed in accordance with approved plans: 1. Alipaz Street and Calle Lucana - Construction of sidewalk from Calle Lucana to approximately 140 feet north of Calle Lucana, along the west side of Alipaz Street. Construction of two access ramps at the corners of Calle Lucana and Alipaz Street and one access ramp on the south side of Calle Rio Vista at Alipaz Street; and, 2. Construction of one access ramp in front of the City Community Center entrance at 25925 Camino Del Avion; and, 3. Construction of six access ramps at curb returns along the east side of Avenida de la Vista between Calle San Francisco and Oso Road at Calle San Luis, Calle San Antonio and Calle San Diego; and, 4. Construction of five access ramps along Del Obispo Street at various locations. Two proposals were received as follows: Naka Engineering Contractors $88,650 Dave Cook Concrete Construction, Inc. $88,687 Staff has reviewed Naka Engineering Contractors' statement of experience with similar projects with satisfactory performance in the neighboring cities in the recent past. COMMISSION/BOARD REVIEW AND RECOMMENDATION: NIA FINANCIAL CONSIDERATIONS: The Fiscal Year 201112012, Capital Improvement Program (CIP) budget includes $12,467 for CIP No. 10101, $301,069 for CIP No. 08103, and $647,888 for CIP No. 07119. Based on the Naka Engineering Contractor bid, the cost for above improvements 1 and 2 is $33,150, improvement 3 is $32,300, and improvement 4 is $23,200. With an additional 10% contingency, ($8,865) for the construction fund and ($330) for the construction support services fund, the total project budget is $101,140. Construction Contract — Naka Engineering Contractors $ 88,650 Construction Support Services — MIG 3,295 Sub -Total $ 91,945 Contingency_J1 p°/o 9,195 Total $ 101,140 Agenda Report March 6, 2012 Pace 3 NOTIFICATIONS: Naka Engineering Contractors Dave Cook Concrete Construction, Inc. Moore lacofano Goltsman, Inc. RECOMMENDATIONS. 1. Award a contract for the Sidewalk Improvement and Access Ramps Construction to the lowest responsible bidder, Naka Engineering Contractors, in the amount of $88,650 and reject all other bids; and, 2. Approve a Personal Services Agreement with Moore lacofano Goltman, Inc. (MIG) for construction support services in the amount of $3,295; and, 3. Authorize the City Manager to approve up to a 10% contingency in total project costs for an amount of $9,195 as needed. Respectfully submitted, Nasser Abbaszadeh, P.E. Public Works Director Attachment(s): Prepared by, Maryam F. Ramsey Associate Engineer 1. Contract — Naka Engineering Contractors 2. Personal Services Agreement - Moore lacofano Goltsman, Inc. 3. Location Map 4. Site Pictures CONTRACT This contract is mads and entered into by and between the CITY OF SAN JUAN CAPISTRANO, haereina£ter referred.to as "CITY" and INA F419 Atter ,� a CO&VAg "a -- hereinafter referred to as "CONTRACTOR" � -J— IT IS HEREBY AGREED BETWEEN THE PARTIES AS FOLLOWS: FIRST. CONTRACT DOCUME M. The contract documents shall be considered.to include the Notice Inviting Proposals, the Instructions to Proposer, the Proposal, the Non -Collusion Affidavit, the Designation of Sub -Contractors, the Contract which is prepared for execution by the CITY and the CONTRACTOR Plans, Specifications and Special Provisions, the Standard Stgcilications for Public Works Construction, 2009 Edition, including all Supplements, Contract Bonds, Resolutions adopted by the. CITY pertaining to the work, insurance policies and certificates, and any supplemental written agreements amending or extending the scope of the work originally contemplated that may be required to complete the work in a substantial and acceptable manner. OND: THE WORK. CONTRACTOR agrees to famish all tools, labor, material, equipment, transportation, and supplies necessary to perforin and complete in good and workmanlike manner the construction of Sidewalk and. Access Ram Construction Project CIP Nos. 081.03 101.01 and 071 19) in strict conformity with the Plans, Specifications and all other contract documents, which documents are on file at the Public Works Department, City Hall, 32400 Paseo Adelanto, San Juan Capistrmio, California. THIRD. PAYMENT. CITY agrees to pay, and CONTRACTOR agrees to accept, the lump sum adjusted for variations of quantities, at the prices designated in proposal at the time and in the manner set forth in the Specifications. FOURTH. COMMENCEMENT AND COIbIPLETION OF THE WORK CONTRACTOR agrees to begin and complete the work within the time specified in the Notice Inviting Proposals. It is agreed that it would be impractical and extremely difficult to fix the actual amount of damages, and loss sustained by CITYuId CONTRACTOR fail to complete the work in the specified time; therefore, CONTRACTOR shall pay CITY, as-liquidateddamages, not in the nature of apenalty, rovided that extensions of time ;. Five Hundred. Dollars ($500) -per. calendar day for each day delayed; p with waiver of liquidated damages, may be granted as provided in the Specifications. C-1 Attachment 1 l` tTH. PERFORMANCE BOND .AND LABOR AND MATERIAL BOND. CONTRACTOR agrees to furnish bonds goam teeing the performance of this contract and guaranteeing payment of all labor and material used under this contract, as required by the laws ofthe Mate of California., on forms approved by the CITY. The Performance Bond shall be for an amount of one hundred percent (100%) of the amount of this contract and shall be conditioned on full and complete performance of the contract, guaranteeing the work against faulty workmanship and materials for a period of one (1) year after completion and acceptance. The Labor and Material Bond shall be for an amount of one: hundred percent (140%) of the amount ofthis contract and shall be conditioned upon full payment of all Labor and Material entering into or incidental to the work covered by this contract. CONTRACTOR agrees to furnish the bonds on the forms found within the Specifications. CONTRACTOR agrees to pay CITY such sum as the Court may judge as reasonable for the legal services of any attorney representing the CITY m any action brought to enforce or interpret the obligations of this agreement, and such sums shall be made apart of any judgment in such action against CONTRACTOR if such action is determined in favor of said CITY. The required Performance, Labor and Materials Bonds, and Bid Bond shall provide that the surety shall pay attorney's fees incurred by CITY in enforcing this agreement. SIXTH. GENERAL PREVAILINGMTE OF, PERDIEM RrAGF�S. Pwrsuantto the Labor Code of the State of California, conies of the lsma , of per dim verges, as determined by the Director ,., ariipg, rg�, ., ., of the State Department of Industrial Relations, are on file in the Office of the City Clerk, 32400 Paseo Adelanto, San Juan Capistrano, California, and are hereby incorporated and made a part hereof. CONTRACTOR agrees that he, or any SUB -CONTRACTOR under him, shall pay not less than the foregoing specified prevailing rates of wages to all workmen employed in the execution of the contract. SEVENTH. INSURANCE. CONTRACTOR shall maintain at all times during this contract liability and property damage insurance naming the CITY and its elected and appointed officials as a named insured; which such policies shall be of an amount not less than Two Million Dollars ($2,000,000) combined single limit Insurance certificates shall be for a minimum. period of one (1) year. C-2 CONTRACTOR shall maintain in full force and effect comprehensive automobile liability coverage, including owned, hired, and non -owned vehicles in the following minimum amounts: $1,000,000 property damage; $1,000,000 injury to one persontany one occurrence/ not limited to contractual period; $2,000,000 injury to more than one person/any one occurrence/hot limited to contractual period. The insurance policies shall bear an endorsement or shall have an attached rider providing that in the event of expiration of proposed cancellation of such policies for any reason whatsoever, the CITY skull be notified by registered mail, return receipt requested„ giving a sufficient,time before the elate thereof to comply with the applicable law or statute; but in no event less than thirty (30) days before expiration or cancellation is effective. CONTRACTOR shall provide to CITY the policy certificate establishing that the required level of insurance has been satisfied. CONTRACTOR shall indemnify; defend and save harmless the CITY, AMN Management, its officers, agents, and employees from and against any and all claims, demands, loss or liability of any Kind or nature which CONTRACTOR, its officers, agents and employees may -sustain or incur or which may be imposed upon them or any of them for injury to or death of persons, damage to property as a result of, or arising out of, or in any manner connected with the performance of the obligations under this contract. EIGHTH. COMPLIANCE WITH OTHER PROVISIONS OF LAW RELATIVE TO PUBLIC CONTRACTS. CITY is subject to the provisions of the Government Code and the Labor Code of the State of California. It is stipulated and agreed that all provisions of law applicable to public contracts are a part of this contract to the same extent as though set forth herein and shall be complied with by CONTRACTOR These include, but are not limited to, the stipulation that eight (8) hours labor constitute a legal day's work and CONTRACTOR shall, as a penalty to CITY, forfeit Twenty-five Dollar ($25) for each workman employed in the execution of the Contract by { CONTRACTOR, or by any SUB -CONTRACTOR, for each calendar day during which such workman is required or permitted to work more than eight (8) hours in violation of the provisions of C-3 Article Three, Chapter One, Part Seven, Division 2, of the California Labor Code, except as pemitted by law. t 1N WITNESS WHEREOF, this contract is executed by the duly authorized agent(s) of CITY, pursumt to City Council action, and by CONTRACTOR on the date set before the name of each. CITY OF SAN -JUAN CAPISTRANO DATED: BY: , Mayor BY• A Contractor 77 License No. Classification ATTEST: Maria Moms, City Clerk PROVED AS TO FORM: i r mar d val, i Attarn C-4 BED PROPOSAL For the: Sidewalk and Access Ramp Construction From: 4,ee (1 AISK5 79 i 7 �(t A 13 Contractor, License No. & Classification To the Members of the City Council City of Sari Tuan. Capistrano Gentlemen: The undersigned, as proposer, declares that he has carefully examined the location of the proposed ed, examined. the Plans S ecificattoni , Special Provisions work as described, p p , and the Standard Specifications fdr Public Works ConstructiM 2009 Edina including all supplements therefore, read the Instructions to .Proposers, and is familiar with all proposal_ requirements, and hereby proposed and agrees, if the proposal is accepted, to complete the said construction in accordance with the Contract Documents, as defined in Section 1-2 of the Standard Specifications, in the time stated herein, for the unit price or lump sum given on the following pages of this proposal, • EE � f 1 � ! f . • �' Said amount to include and cover all taxes, the furnishing of all materials, the performing of all the labor requisite or proper and the providing of all necessary machinery, tools, apparatus, and other . means of construction; also, the performance and completion of all the work in the manner set forth, described and shown in the Specifications or the drawings for the work. If the contract is awarded, the undersigned agrees to enter into a contract with the City of San Tuan Capistrano and to commence work within fifteen (15) calendar flays from the date of execution, thereof, and to diligently prosecute the work to completion before the expiration of 90 calendar days from the date of the Notice to Proceed All proposals are to be computed on the basis of the given Estimated Quantities of Work, as indicated in this proposal, tunes the unit prices as submitted by the proposers. In case of discrepancy between words and figures, the words shall prevail. incase of discrepancy between unit prices and the extension thereof, the unit price shall prevail and proposals will be computed as indicated above and compared on the basis of corrected totals, given solely as a basis for comparison of proposals. It is understood that the City does not expressly, nor by implication, agree that the actual amount of work will correspond therewith, but reserves the right to increase or decrease the amount of any item or portion of the work or to omit -portions of the work as may be deemed expedient by the Engineer. The following is the name and place of business of the surety company which will furnish the required bonds as surety if the work ISS�warded to the undersigned: vt1 Licensed in Exhibit A accordance with an act providing %jSigpnat�qe Ua of tco ac ors -- License Na. and Class,., — o£Proposer: D 2 of an individual, so state. If a firm or ca -partnership, state the firm name and give the names of all individual co-partners composing the firm: President, Secretary, Treasurer, and Manager. thereof.) Name:Title: 1"Y ►}�"?� _!?�ill� —` C'U Name: Title: Name: Title: Name: Title: Business Address: 1'7777 I 5 z J mC ll'; C7 z Telephone Number: � � '� Date: .��� Further, the undersigned Proposer certifies that he has thoroughly checked the figures set forth inthis proposal, that they are correct to the b s knowledge an t they constitute his proposal for the work called out herein. Signature of Bidder: Title: Telephone Number: T Date: 3 SCHEDULE OF WORK ITEMS Sidewalk and Access Ramp Construction - Alipaz Street and the City Community Center Front Entrance Subtotal: (figures} 3.3, 150 • d V (words UNIT PRICE No. DESCRIPTION QUANTITY UNIT $j 12,700. TOTAL 1 Mobilization/Demobilization 1 L5 700 z Off-site Storage. of u' ment and Materials 1 �) 250 • / ZJ�� 3 Project Survey LS 1! I d0. r WOO. 4 1 L5 ` 760- Re-establish Centerline Ties and Monuments sProject Site Maintenance • 1 750 750 5. Cut and Remove Ex, AC Pavement and NA 0 Replace, Per Specifications Construct New Sidewalk- per City of S.IC Std. plan No. 330. Work includes removing extra 7- landscaping and any sprinkler lines or heads 750 SF I S` , 0. interfering with improvements, either cap or relocate per ity direction 8 NA NA 0 9 NA NA ii Construct Complete Four (4) Access Ramps with Detectable Warning Surface to be 'Armortile Charcoal Gray' Per APWA Standard Plans as follows: 1- Per Std. Plan 111 -4 -Case "A" Type 6 at the south side of Calle' Lucana at Alipaz as shown on the plans. 2- Per Std.I I 1 -4 -Case "A° Type 4 at, the north 10 side of Calle Lucana at Alipaz, as shown on 1 L5 the plans. 3- Per Std. Plan 111 -4 -Case "B " Type 2 at S/W corner of Alipaz and Calle Rio Vista as shown on the plans. 4- Per Std. Plan 111-4 Case B Type 1 in to the sidewalk in front of the City Community Center at 25925 Camino Del Avion (not on the construction Plans), Subtotal: (figures} 3.3, 150 • d V (words SCHEDULE OF 'WORK ITEMS Sidewalk and Access Ramp Construction— Avenida do la Vista (At Cane San Diego, Calle San Antonio, and Calle San Luis) Subtotal: (figures) 321300- 0 0 (words) l' 5 UNIT PRICE TOTAL No. DESCRIPTION QUANTITY UNIT Mobilization!©emobillzation 1 LS / 0 • 100. 2 Off-site Storage, of Equipment and Materials 1 LS 0 0 0 0 3 Project Survey 1 LS � LS 500. Re-establish Centerline Ties and Monuments Project Site Maintenance' =LS .700. . 70.0'. 6 Cut and Remove Ex. AC Pavement and 8S 5F d� Replace in kind, per City of SCJ Specifications ! 7, S, NA. NA 0 9 Construct Complete Six (6) Access Ramps With Detectable Warning Surface to be "Armortile 10 Charcoal Gray" per APWA Standard Plans at 1 LS 4— 17 � � 7 � . Avenida de is Vista and Calle Sart Luis, Calle I /%' San Diego and Calle San Antonio as shown on the Plans. Subtotal: (figures) 321300- 0 0 (words) l' 5 SCHEDULE OF WORK ITEMS Sidewalk and Access Ramp Construction--- Del Obispo Street Ramp Retrofits TOT.A IDUnDnSAT PxTcE: Subtotal. (figures) (words) '•e, Grand Teal —B4�� . 00 J Figures 6 UNIT' PRIG No. DESCRIPTION Construct Curb Ramp Retrofit @ Del Obispo QUANTITY UNIT M 4 TOTAL R-1 Street & Camino Del. Avion - Ramp #6. (item can be deleted at the discretion of :5200- � Engineer) Construct Curb Ramp Retrofit @ Del Obispo R-2 Street & Calle Aspera - Ramp #24. (Item can be deleted at the discretion of LSf�d Engineer) Construct Curb Ramp Retrofit @ Del Obispo R-3 Street & Calle Aspero - Ramp #25. (Item can be deleted at the discretion of S LS Engineer) Construct Curb Ramp Retrofit @ Del Obispo R-4 Street & Aquacate Road - Ramp #31. (Item can be deleted at the discretion of LS Engineer) Construct Curb Ramp Retrofit @ Del Obispo R_S Street & Plaza Del Obispo Shopping Center Driveway North of Plaza Drive-- Ramp #49. 1 L5 �� a • ��� (item can be deleted at the discretion of Engineer) TOT.A IDUnDnSAT PxTcE: Subtotal. (figures) (words) '•e, Grand Teal —B4�� . 00 J Figures 6 NON -COLLUSION AFFIDAVIT TO BE EXECUTED $Y PROPOSER AND SUBMITTED WITH PROPOSAL STATE OF CALIFORNIA. ) ) SS. County of��' ) beingifirst duly swam �depos s and ays that he is Gfl of c �J 'GAG 1i1� the party making the foregoing proposal; that such proposal i notmade a interest of or on behalf of any undisclosed person., partnership, company, association, organization or corporation; that such proposal is genuine and not collusive or sham; that said proposer has not directly or indirectly induced or solicited any other proposer to put in a false or sham proposal, and has not directly or indirectly colluded, conspired, connived, or agreed with any proposer or anyone else to put in a sham proposal, or that anyone shall refrain from proposing; that said proposer has not in any manner, directly or indirectly, sought by agreement, communication or conference with anyone to fix the proposal price of said proposer or of any other proposer, or to fix the proposal price of or cost element of such proposal price, or of that of any other proposer, or to secure any advantage against the public body awarding the contract of anyone interested in the proposed contract; that all statements contained in such proposal are true; and further, that said proposer has not directly or indirectly, submitted his proposal price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, or paid and will not pay any fee in connection therewith, to any corporation, partnership, company, association, organization, proposal depository, or to any member or agent thereof, or to any other individual except to any person or persons as have a panne loz' ancial interest with said proposer in this general business. DATED: fob 09 �1 On this the - day of 2011, before me, the undersigned, a Notary Public in and for said State, personally appeared _ _3 personally known to me/proved to me on the basis of satisfactory evidence, to be the person(s) whose name(s) acknowledge that WITNESS my hand and official seal, _ Notary Public in and for said State subscribed to the within instrument, and executed it. DESIGNATION OF SUB-C®NTRACTORS Submit with Proposal. In compliance with the Provisions of Section 4100-4107 of the Government Code of the State of California as amended, the undersigned certifies that he has used the sub -proposal of the following listed sub -contractors in making up his proposal, and that the sub -contractors listed will be used for the work for which they propose, subject to the approval of the Engineex, and in accordance with the applicable provisions of the Specifications. It is understood and agreed that all those portions of the work called for in the contract documents for which a sub -contractor is not listed will be performed j by the undersigned through his forces. If no sub -contractors are listed, all bonds and insurance will ( be written in the name of the general contractor only. Item of Work Sub -contractor License No. Address Phone & Classification. 2. V'3. 4. 5. 6. 7. 8. -5-057 _ 1777 _nIlve-1 OA 44 P OPOSER' ME AUTHO SIG Note: All sub -contractors shall obtain a City Business License prior to the start of construction. Proof shall be required prior to commencement of construction. a STATEMENT OF EXPERIENCE Submit with Proposal. This page is to be completed by Proposer and submitted to City as part of quotation: !A Proposer's Name Company Name Business Address 3.� Business Telephone Number 4. List at least four (4) Contracts of a similar type, either currently held or held within the past 36 months. . From #o City/Company Contact Person And Number Contract Amount 'rte- ...•� cr �co �n )d, AWC1 cA (M) z6�5'3Sz- A-DA s►a�4•11� V i — 007 o PAW i 9 10 ab �166G . Prop /j Authorized Signature LIST OF E UIl'EI�TT Submit with Proposal. This page is to be completed by Proposer and submitted to City as part of quotation. i. MK Q'cmE1L Proposerr's Name Comp Name Business Address 3. 5- Business lephone Number 4. List equipment owned by the quoting firm that is available for use on this contract. Provide type, make and model year. Use additional sheets if necessary. i #ZO O r Signatut- - /1PE1i11 Company 10 CNA 11/29/2011 2;56:45 PM PAGE 2/005 Fax Server Western Surety Comr% BID BOND (Percentage) Bond Number: 712 0622 KNOii! ALL PERSONS BY THESE PRESENTS, That we Nader Kazemi dba Naka En ineerzn�c Contractors of 1'7777 'Main St., G2.- Trvine, CA 92614 —� _—, hereinafter referred to as the Principal, and hiestern ,Surpt r' as Surety, are held and firmly bound unto city of Say .Tuan Can.igtrano -------- of -. of 32400 Paseo Adelautc, San Juan Capistrano, CR 92675 hereinafter referred to as the Obligee, in the sum of Ten ( �� s/,} percent of the greatest amount bid, for the payment of which we bind ourselves, our legal representatives, successors and assigns jointly and severally, firmly by these presents. WHEREAS, Principal has submitted or is about to submit a proposal to Obligee on a contract for RDR Ra _; � Sidewalk `NOW, THEREFORE, if the said contract be awarded to Principal and Principal shall, within such time as may be specked, enter into the contract in writing and give such bond or bonds as may be specked in the bidding or contract documents with surety acceptable to Obligee; or if Principal shall fail to do so, pay to Obligee the damages which Obligee may suffer by reason of such failure not exceeding the penalty of this bond, thea this' obligation shall be void; otherwise to remain in full force and effect. SIGNED, SEALED AND DATED this 12th day of Form F5976 1E r Ka7P.mi dha Naka Enginef ing Contiacto�s (Principal) BY (Seal) We -stern Surety Company- - - By (Seal) KP.RF AT , T.TN ER A win -Fact CNA 11/29/20.11 2:56:46 PM PAGE 1/005 Fax Server Western Surety Compa.m. POWER OF ATTORNEY - CERTIFIED COPY Bond No. 712013623 Knew All Man By These Presents, that WESTERN SURETY COMPANY, a corporation duly organized and existing under the laws of the State of South Dakota, and having its principal office in Sioux Falls, South Dakota (the 'Company'), does by these presents make; crostituteand appoint Y-PREl3 P -Z SNJ S INDEP _. its true and lawful attorney(s:Fin-fact, with full power and authority hereby conferred, to execute, acknowledge and deliver for and on its behalf as Surety,.bonds for: Principal: Rader Kazemi dba Naka Engnee-inq Contr,ac:toro Obligee: City of San Juan =2api snrano Amour t. $sov, o03. oo and to bind the Company thereby as filly mud to the same extent as if such bonds were signed by the Senior Vice President, sealed with the corporate seal of the Company and duly attested by its Secretary, hereby ratifying and confirming all that the said attorney(s)-in-fact may do within the above stated limitation. Said appointment is made under and by authority of the following bylaw of Western Surety Company which remains in full force and effect. "Soctiou 7. All bonds, policies, undertakings, Powers of Attorney or other obligations of tho. corporation shad be axccutcd in the omTorato now of the Company by the Prasident, Secretary, any Assistmt Secretary, Treasurer, or any Vice President or by such other of&oars as the Board of Directors may authorize. The Prosidsnt, any Vice President, Secretary, any Assistant Secretary, or the Treasurer may appoint Attorneys in Fact or agents who shall have authority to issue bonds, policies, or undertakings in:the name of the Company. The corporate seal is not necessary fro• the validity of any bonds, policies, uadeetaldngs, Powers of Attorney or other obligations of the corporation. 'Me xi' nttirr of any such nffirnr and the nnrpnrate seat may he printeA by fansimile.." All authority hereby coiTerred shall expire and terminate, without notioe, unless used before midnight of Ma s Gh 1.2 2,h 1 � , but until such time shall be irrevocable and in full force and effect. In Witness Wheroof Western Surety Company has carried these presents to be signed by its Senior Vice President, Paul T. Bmflat, and its cert' l to be axed tWs 12tH day d Dccombcr ? 01I _. WEST R SURE GOMFANY Paul T. Brufla Senior Vice President STT�faQ[JEd1 A C on this l .------ da`v of — ecerrber_. __m, Lu tixr year _,--, t} 11_ l Lote xu., a su tart' pirLlie, l ersoaaally tylredred Paul T. $ruflat, who being to me duly sworn, acknowledged that he signed the above Power of Attorney as the aforesaid officer of %MSTERN SURETY COMPANY and aeknowledged said instrument to be the voluntary act and deed of said corporation. trwtiwww�ywwwawwwtiw.+.w.w i p. KRELL Ail + NOTARY PMUC i Notary'Public - SDuth Dakota s SOUTH DAKGiA FMG44�444M4Nw1s•M/ewM�y+�w My Commission EA*es November 30, 2012 1 the undars-igned officer of Western Surety Company, a flock corporation of the State of South Dakota, do hereby certify chat the attached Power of Attorney is in fulf force and effect and is irrevocable, and furthermore, that Section 7 o£the bylaws of the Company a_ srt fnrt.h in the Pnwar of Attorney i; now in force. In testimony whereof, I have hcreuuto set my hand and seal of Western Surety Company this 12th day of DecemDer 2011 WEST R SURE COMPANY Paul T. Brufla .,nior Vice President Form F5306-9.2006 12 CNA 11/29/2011. 2:56:46 PM PAGE 3/005 Fax Server ❑ Acknowledgment of Principal MX Acknowledgurent of Surety (Attorney -in -pact) STATE OF CALIFORNIA COUNTY OF SACRAMEN^_o � ss On jzd-i,70�M- before nie, s y (7 l date here insert name dtitle a£the affi persuituily KAREN A:,AINE LINDER nam-.(A)ofMgnei: s) who proved to nie on the basis of satisfactory evidence to be the peisos*-Ywhose nam eoeokra subscribed to the within instrument and acknowledged to me that hz5hey executed the same in hisj?Qheir authorized capacityej�c>s " and that by hi ex eir signature(*on the instrument the porson(g), or the entity upon behalf of whioh the personW�cted, executed the instrument. I certify under PENALTY OF PERJURY under the Laws of the State of California that the foregoing paragraph is true and coneet. 5. JOHNSON �--•- l,'OrnTTIiSSiOi! # 1886481 atea. Notary Pudic - California WITNES may hanr >Y&I,tial seal. z Sscrdmento County Comm. Expires Ma 12, 2014 Signature (Seal) (The balance of this page is intentionally left blank.) Western Surety Company Form 1800.1-2008 13 21 PERSONAL SERVICES AGREEMENT THIS AGREEMENT is made, entered into, and shall become effective this day Of 2012, by and between the City of San .Juan Capistrano (hereinafter referred to as the "City") and Moore lacofano Goltsman, Inc., (hereinafter referred to as the "Consultant"). RECITALS: WHEREAS, City desires to retain the services of Consultant to provide construction support services for the Del Obispo Street Access Ramp Reconstruction Project (CIP 07119); and WHEREAS, Consultant is qualified by virtue of experience, training, education and expertise to accomplish such services. NOW, THEREFORE, City and Consultant mutually agree as follows: Section 1. Scope of Work. The scope of work to be performed by the Consultant shall consist of those tasks as set forth in Exhibit "A," attached and incorporated herein by reference. To the extent that there are any conflicts between the provisions described in Exhibit "A" and those provisions contained within this Agreement, the provisions in this Agreement shall control. Section 2. Term. This Agreement shall commence on the effective date of this Agreement and services required hereunder shall continue until notified that said services are no longer required, subject to 15 days notice of termination. Section 3. Comnepsation. 3.1 Amount. Total compensation for the services hereunder shall not exceed Three Thousand Two Hundred and Ninety Five Dollars ($3,295) as set forth in Exhibit 'W' attached and incorporated herein by reference. 3.2 Method of Payment. Subject to Section 3.1, Consultant shall submit monthly invoices based on total services which have been satisfactorily completed for such monthly period. The City will pay monthly progress payments based on approved invoices in accordance with this Section. Attachment 2 3.3 Records of Expenses. Consultant shall keep complete and accurate records of all costs and expenses incidental to services covered by this Agreement. These records will be made available at reasonable times to the City. Invoices shall be addressed as provided for in Section 16 below. Section 4. Independent Contractor. It is agreed that Consultant shall act and be an independent contractor and not an agent or employee of the City, and shall obtain no rights to any benefits which accrue to City's employees. Section 5. Limitations € on Subcontragtina and Assignment. The experience, knowledge, capability and reputation of Consultant, its principals and employees were a substantial inducement for the City to enter into this Agreement. Consultant shall not contract with any other entity to perform the services required without written approval of the City. This Agreement may not be assigned, voluntarily or by operation of law, without the prior written approval of the City. If Consultant is permitted to subcontract any part of this Agreement by City, Consultant shall be responsible to the City for the acts and omissions of its subcontractor as it is for persons directly employed. Nothing contained in this Agreement shall create any contractual relationships between any subcontractor and City. All persons engaged in the work will be considered employees of Consultant. City will deal directly with and will make all payments to Consultant. Section 6. Changes to Sco a of Work. For extra work not part of this Agreement, a written authorization from City is required prior to Consultant undertaking any extra work. In the event of a change in the Scope of Work provided for in the contract documents as requested by the City, the Parties hereto shall execute an addendum to this Agreement setting forth with particularity all terms of the new agreement, including but not limited to any additional Consultant's fees. Section 7. Familiarity with Work and/or Construction Site. By executing this Agreement, Consultant warrants that, (1) it has investigated the work to be performed; (2) if applicable, it has investigated the work site(s), and is aware of all conditions there; and (3) it understands the facilities, difficulties and restrictions of the work to be performed under this Agreement. Should Consultant discover any latent or unknown conditions materially differing from those inherent in the work or as represented by City, it shall immediately inform the City of this and shall not proceed with further work under this Agreement until written instructions are received from the City. Section 8. Time of Essence. Time is of the essence in the performance of this Agreement, however, it is recognized that Consultant must perform with due and reasonable diligence in accordance with professional standards. Sectlon 9. Compliance with Law. Consultant shall comply with all applicable laws, ordinances, codes and regulations of federal, state and local government. Sects Conflicts of Interest. Consultant covenants that it presently has no interest and shall not acquire any interest, direct or indirect, which would conflict in any manner or degree with the performance of the services contemplated by this Agreement. No person having such interest shall be employed by or associated with Consultant. Sect_ Ion l i . Copy"es of Work Product At the completion of the work, Consultant shall have delivered to City at least one (1) copy of any final reports and/or notes or drawings containing Consultant's findings, conclusions, and recommendations with any supporting documentation. All reports submitted to the City shall be in reproducible format, or in the format otherwise approved by the City in writing. Section 12. Ownership of Documents All reports, information, data and exhibits prepared or assembled by Consultant in connection with the performance of its services pursuant to this Agreement are confidential to the extent permitted by law, and Consultant agrees that they shall not be made available to any individual or organization without prior written consent of the City. All such. reports, information, data, and exhibits shall be the property of the City and shall be delivered to the City upon demand without additional costs or expense to the City. The City acknowledges such documents are instruments of Consultant's professional services. City agrees not to reuse or modify project documents and to defend and indemnify Consultant if project documents are reused or modified. 5ectivn 13. Indemnity. To the fullest extent permitted by law, Consultant agrees to protect, hold harmless, but not defend the City and its elective and appointive boards, officers, agents, and employees from any and all claims, liabilities, expenses, or damages of any nature, including reasonable attorneys' fees, for injury or death of any person, or damages of any nature, including interference with use of property, to the extent caused by the negligence, and/or intentional wrongful conduct of Consultant, Consultant's agents, officers, employees, subcontractors, or independent contractors hired by Consultant in the performance of the Agreement. The only exception to Consultant's responsibility to protect and hold harmless the City, is due to the negligence, recklessness and/or wrongful conduct of the City, or any of its elective or appointive boards, officers, agents, or employees. Consultant agrees to reimburse the City for defense costs including reasonable attorney's fees to the extent caused by the portion of negligence as determined by a court of competent jurisdiction. This hold harmless agreement shall apply to all liability regardless of whether any insurance policies are applicable. The policy limits do not act as a limitation upon the amount of indemnification to be provided by Consultant. Section 14. Insurance. On or before beginning any of the services or work called for by any term of this Agreement, Consultant, at its own cost and expense, shall carry, maintain for the duration of the agreement, and provide proof thereof that is acceptable to the City, the insurance specified below with insurers and under forms of insurance satisfactory in all respects to the City. Consultant shall not allow any subcontractor to commence work on any subcontract until all insurance required of the Consultant has also been obtained for the subcontractor. Insurance required herein shall be provided by Insurers in good standing with the State of California and having a minimum Best's Guide Rating of A- Class VII or better. 14.1 Comprehensive General Liability. Throughout the term of this Agreement, Consultant shall maintain in full force and effect Comprehensive General Liability coverage in an amount not less than one million dollars per occurrence ($1,000,000.00), combined single limit coverage for risks associated with the work contemplated by this agreement. If a Commercial General Liability Insurance: form or other form with a general aggregate limit is used,: either the general aggregate limit shall apply separately to the work to be performed under this agreement or the general aggregate limit shall be at feast twice the required occurrence limit. 14.2 Comprehensive Automobile Liability. Throughout the term of this Agreement, Consultant shall maintain in full force and effect Comprehensive Automobile Liability coverage, including owned, hired and non -owned vehicles in an amount not less than one million dollars per occurrence ($1,000,000.00). 14.3 Workers' Compensation. If Consultant intends to employ employees to perform services under this Agreement, Consultant shall obtain and maintain, during the term of this Agreement, Workers' Compensation Employer's Liability Insurance in the statutory amount as required by state law. 14.4 Proof of Insurance Requirements/Endorsement. Prior to beginning any work under this Agreement, Consultant shall submit the insurance certificates, including the deductible or self -retention amount, and an additional 4 a insured endorsement naming City, its officers, employees, agents, and volunteers as j additional insured as respects each of the following: Liability arising out of activities performed by or on behalf of Consultant, including the insured's general supervision of Consultant; products and completed operations of Consultant; premises awned, occupied or used by Consultant; or automobiles owned, leased, hired, or borrowed by Consultant. The coverage shall contain no special limitations on the scope of protection afforded City, its officers, employees, agents, or volunteers. 14.6 Errors and Omissions Coverage Throughout the term of this Agreement, Consultant shall maintain Errors and Omissions Coverage (professional liability coverage) in an amount of not less than One Million dollars ($1,000,000). Prior to beginning any work under this Agreement, Consultant shall submit an insurance certificate to the City's General Counsel for certification that the insurance requirements of this Agreement have been satisfied. 14.6 Notice of Cancellation/Termination of Insurance. The above policy/policies shall not terminate, nor shall they be cancelled, nor the coverage reduced, until after thirty (30) days' written notice is given to City, except that ten (10) days' notice shall be given if there is a cancellation due to failure to pay a premium. 14.7 Terms of Compensation. Consultant shall not receive any compensation until all insurance provisions have been satisfied. 14.8 Notice to Proceed. Consultant shall not proceed with any work under this Agreement until the City has issued a written "Notice to Proceed" verifying that Consultant has complied with all insurance requirements of this Agreement. Section 15. Termination. City shall have the right to terminate this Agreement without cause by giving thirty (30) days' advance written notice of termination to Consultant. In addition, this Agreement may be terminated by any party for cause by providing ten (10) days' notice to the other party of a material breach of contract. If the other party does not cure the breach of contract, then the agreement may be terminated subsequent to the ten (10) day cure period. Section 16. Notice. All notices shall be personally delivered or mailed to the below listed addresses, or to such other addresses as may be designated by written notice. These addresses shall be used for delivery of service of process: To City: City of San Juan Capistrano 32400 Paseo Adelanto San Juan Capistrano, CA 92675 Attn: Khoon Tan, P.E. To Consultant: Moore lacofano Goltsman, Inc. 1450 Drew Avenue, Suite 200 Davis, CA 95618 Attn: Jose Leal, CID, CLIA Section 17. Attorneys' Fees. If any action at law or in equity is necessary to enforce or interpret the terms of this Agreement, the prevailing party shall be entitled to reasonable attorneys` fees, costs and necessary disbursements in addition to any other relief to which he may be entitled to the extent incurred as a result of negligent performance. Section 18. Dispute Rosolution. In the event of a dispute arising between the parties regarding performance or interpretation of this Agreement, the dispute shall be resolved by binding arbitration under the auspices of the Judicial Arbitration and Mediation Service ("JAMS"). Section 19, Entire Agreement. R This Agreement constitutes the entire understanding and agreement between the parties and supersedes all previous negotiations between them pertaining to the subject matter thereof. [SIGNATURE PAGE FOLLOWS] IN WITNESS WHEREOF, the parties hereto have executed this Agreement, ATTEST: Maria Morris, City Clerk TO FORM: CITY OF SAN JUAN CAPISTRANO By: Larry Kramer, Mayor CONSULTANT By: Daniel taco ano, C Moore lacofano G©ltsman, Inc, 7 November 1, 2011 Khoon Tan, P,E. Public Works Department City of San Juan Capistrano 32400 Paseo Adelanto San Juan Capistrano, California 92675 Subject: Proposal for Constrwction Support Serviees to Provide Arcessibiliiy kevieiv Services for the Del Obispo Street Access Harrap Reconstruction Project (CIP 071 1R) Dear Mr, Tan, Thank you for contacting MIG, Inc. in regards to a proposal to provide construction support services for access ramp accessibility review to ensure compliance to the California State Access Title 24 Building Code and the Federal ADA Accessibility Guidelines (ADAAG). Thank you for your continued interest in working with Moore Iacofano Goltsman, Inc (IMIG). It is with great pleasure that we submit the following proposal to assist the City of San Juan Capistrano with Accessibility Services. Below please find our proposed scope of services and fee schedule as requested. SCOPE, OF SERVICES MIG's proposed scope Of Professional services includes the tasks discussed on September 19, 2011 with Khoon Tan. The following tasks represent our understanding of the required services at this drne. The total project break crown is as follows.. Task 1 --- Pre -Construction flan ADA Compliance Review Task 2 — Conduct Curb Rwnp Accessibility Evaluation $1,360 $1,560 Subtotal Professional Services Fee Et6watedDirectC2rt— racluction ZJeliv Ftc $2'920 Total Professional Services LE7S $3,295 PLANNING "SIGN COMMUNICATIONS MANAGEMENT =SIiy {(:^ pfd J' d( r[i$E j2,96 s s 4=sFi< �.r� � rr, ,:=�sr �. �€s�'i5�4 . ;�z� • � ei.,yi:.yy•, ��i Exhibit A The following is the scope of services and the work task;: ZaA k I :_PIan Revigw -Pre-Cq structi n Plan ACot tpliance vie MIG will review the plans provided by the City. The assumption of this proposal is that all portions of the project site will be providing programs, services or activities to the public. The review will identify features that limit accessibility and compare the drawings to the California Title 24 Accessibility Regulations, and Federal ADA Accessibility Guidelines (ADAA G). Medline comments will be compiled during the review process and will be returned to the City in a pdf format via e - mail. A set of written plan check comments with applicable code references will be provided as part of the redline comments. Task 1 Professional Tame Estimated Cost - $1,560 Jose Leal, Project Mana,ger/Landscape Arebatect — 4 Hours @ .$145/Hour $580 Tim Gilbert, CAS/, ICC- 4 Hours @ , 195/HOmr .x`780 Ta 2L Cn uc Curb Mam : ury MIG will perform one (1) site visit during the construction phase to evaluate curb ramp systems for accessibility as determined by the City. The site visit/evaluation will identify physical barriers in each curb ramp as defined in the California Title 24 Building Code and the Federal ADA Accessibility Guidelines (ADAA(iG), MIG will provide survey reports, and issue correction notices to the City. Task 2 Professional Time Estimated Cort - S1,9-35 Tam Gilbert, (;ASA'CC - 8 Haurs @ $195/Hour $X1,560 Reimbursable Cost (Travel) 375 Exclusions: $ Coordination between MIG and Consulting Engineer. �i If requested, additional plan check reviews will be added as a contract amendment at the following rates: o T. Gilbert, CASA, ICC — $195/hr. o 1. I,.eal, Project Manager — $ 145/hr o Project Associate, $90/hr The total estimated professional time as outlined above is $3,295_ The budget reflects a not -to -exceed fee, MIG, Inc. will not exceed the amount contained in this Letter of Engagement unless authorized by you, in writing, as a change to the scope of work. If you should have any questions, please feel free to contact me at 530.753.9606. We look forward to our work with you. Sincerely, MOORE IACOFANO GOLTSMAN, Inc. jmi y Jose Leal, CID, CLIA Tim Gilbert, CASp, ICC Davis Office Director Principal Landscape Architect CA#5429 Landscape Architect CA4375 1 CITY of SAN JUAN CAPISTRANO 0 1,500 3,000 6,000 Feet ATTACHMENT 3 At COMMUNITY CENTER G"l-Iflo dol AvLo, i� �®'! tom ---.rte" MWO Now A : i nnt 1 yi{.. � °°yJ-in WiFF.��? �=i��w l., ...-.L L �' •wsY»aa.M.5r.45Cf. '.'�... �a :�- — ..s. .:.-�+f ?'; �tw'.4iir�ol�iP��� �k��i nr~, 4 `• �':;����5'sv :..:�,.,,;...;,_._ 5 ' i nnt 1 yi{.. � °°yJ-in WiFF.��? �=i��w l., ...-.L L �' •wsY»aa.M.5r.45Cf. '.'�... �a :�- — ..s. .:.-�+f ?'; �tw'.4iir�ol�iP��� �k��i nr~, 4 `• �':;����5'sv :..:�,.,,;...;,_._ VA .. %: '� .: j a• �' �::' L :M 1�:.r a a. If'� .: Za 4'i � �..: .s� 'Y-• -.. ��iui�ii C._-. _ _ . . , '►� +��a "�,+.tib„h,�# z . '- • �',4 r - l 61IF 111I 11111111: Z y1111 I4 r !+ ' ■r � r jo y VL LA CIA' :. limps`" u Manny Ruelas From: Manny Ruelas Sent: Monday, September 17, 2012 2:09 PM To: .alex@nakaengineering.com' Subject: Notification of Meeting of Potential Interest Attachments: Naka Engineering Notification.pdf Good Afternoon, Attached please find a Notification of Meeting of Potential Interest. The City Council of San Juan Capistrano will meet at 6:00 p.m. on Tuesday, September 18, 2012, in the City Council Chamber in City Hall, to consider: "1. Consideration of Notice of Completion for the Sidewalk Improvement and Access Ramps project (CIP Nos. 10101, 10105, and 07119) (Naka Engineering Contractors); and Appropriation of Funds (600.30)*- Item No. D10. Please see attached document for further information. Have a great day, Manny Ruelas Office Assistant City of San Juan Capistrano (949) 443-6308 1 32400 PASE17 ADELANTO SAN JUAN CAPISTRANO, CA 92575 (949) 493.1171 (949) 493.1053 FAX t: iv%v,s aitrrIItI]f wplsInIt? o of - 0 October 11, 2012 Naka Engineering Contractors 17777 Main Street, Suite G2 Irvine, CA 92614 J MEMBERS OF THE CITY COUNCIL SAM ALLEVATO LAURA FREESE LARRY KRAMER DEREK REEVE JOHN TAYLOR Re: Sidewalk Improvement and Access Ramps Project tCIP Nos. 10101, 10105, and 07119 To Whom it May Concern: At their meeting of September 18, 2012, the City Council of the City of San Juan Capistrano adopted Resolution 12-09-18-02 accepting the work as completed for the Sidewalk Improvement and Access Ramps Project (CIP Nos. 10101, 10105, and 07119). A copy of the recorded Notice of Completion is enclosed for you records. The retention will be payable upon 35 days from recording of the Notice of Completion. The Notice was recorded on September 25, 2012; therefore, the final payment in the amount of $8,865.00 may be released on October 30, 2012. If you have any questions, please do not hesitate to call. Sincerely, Christy Jakl, Deputy City Clerk cc: James Ross, Interim Public Works Director Maryam Ramsey, Associate Engineer Jeanien Marsh, Accounting Clerk S'rrir .Hall Cal)islf'£ no. I'f 111k. Pall lo the Fultrr e o. �ao-d PNn;�?d un ttk'7R;� iL-tid c R.��;c� Christy Jakl From: Christy Jakl Sent: Thursday, October 11, 2012 3:52 PM To: Jim Ross; Maryam Ramsey; Jeanien Marsh Cc: Amy Massey; Michelle Bannigan Subject: Naka Engineering NOC and Retention Release Letter Attachments: NOC Naka Engieering.pdf; 12-1011 Naka Retention Release Letter.pdf Good Afternoon, For your records, attached is the recorded Notice of Completion and Retention Release Letter sent to Naka Engineering. Thanks! Christi l akl Deputy City Clerk City of San Juan Capistrano 32400 Paseo Adelanto San Juan Capistrano, CA 92675 (949) 443-6310 I (949) 493-1053 fax Please share your experience with the City by taking our Survey. 324€70 RASEO A©ELANTO SAN JUAN CAPISTRANO, CA 92675 (949) 493-1171 {949? 493-1053 FAx 1t'1 f' f C..S'(1lff [Y(!!1 Cf 1 fJ!-SlJ'el7U i. t Ni; September 20, 2012 Clerk -Recorder's Office County of Orange P.O. Box 238 Santa Ana, California 92701 Re: [document for Recording — Notice of Completion The noted documents are enclosed for recording; MEMBERS OF THE CITY COUNCIL SAM ALL EVATO LAURA FREESE LARRY KRA,MER DEREK REEVE JOHN TAYLOR • Notice of Completion -- Naka Engineering — Sidewalk Improvement and Access Ramps Project (CIP 10101, 10105 and 07119). When placed of record, please return the recorded documents to this office. Thank you for your assistance. Kindest Regar s, Christy Jakl Deputy City Clerk Sall .1elc7ll CClf7l.5t1-C no' pl'C'vel-v ll,fti'' the Past to Enhance the Half!( la PI"llod on pITor RECORDED AT REQUEST OF AND RETURNED TO; City of San Juan Capistrano City Clerk's Office 32400 Paseo Adelanto San Juan Capistrano, CA 92675 RECORDING FEES EXEMPT DUE TO GOVERNMENT CODE SECTION 6103 Maria Morris, City Clerk San Juan Capistrano, CA NOTICE OF QQMPLEIION NOTICE IS HEREBY GIVEN that a contract was heretofore awarded by the City of San Juan Capistrano to Naka Engineering Contractors, 17777 Main Street, Suite G2, Irvine, CA 92614 to perform the Sidewalk Improvement and Access Ramps Project (CIP Nos. 10101, 10105, and 07119). That the said work was completed on June 27, 2012, by said company according to pians and specifications, and to the satisfaction of the Interim Public Works Director of the City of San Juan Capistrano, and that said work was accepted by the City Council of the City of San Juan Capistrano as owner, 32400 Paseo Adelanto, San Juan Capistrano, California 92675, at a regular meeting thereof held on the 1 e day of September 2012. That upon said contract, Westem Surety Company was the sureronds given by the said company as required by law. Tq Dated at Sari Juan Capistrano this 1 Bu' day of September 2012. 1' P N Clerk STATE OF CALIFORNIA } COUNTY OF ORANGE } SS CITY OF SAN JUAN CAPISTRANO � I, MARIA MORRIS, the duly appointed and qualified City Clerk of the City C uncil o e City of San Juan Capistrano, California, DO HEREBY CERTIFY, under penalty of perjurer, h the/ foregoing Notice of Completion is true and correct, and that said Notice of Completion was du r ulariy ordered to be recorded In the Office of the Orange County Recorder by said City Clerk. j a r Dated at San Juan Capistrano this 4h day of September 2012. f - Mariad]4� City Clerk City of San Juan Capistr; ATTACHMENT 2 Christy JAI From: Christy Jakl Sent: Monday, September 24, 2012 3:10 PM To: Maryam Ramsey Cc: Jim Ross; Lindsey Mannan Subject: Naka Resolution & NOC Attachments: 12-09-18-02.pdf Hello, For your records, attached is the executed resolution approving the NOC for Naka Engineering, The NOC has been sent to the Recorders office. Once received, I'II email you a copy of the recorded NOC. Thanks! C.'hrisN Jakl Deputy City Clerk City of San Juan Capistrano 32400 Paseo Adelanto San Juan Capistrano, CA 92675 (949) 443-6310 1 (949) 493-1053 fax Please share your experience with the City by taking our Survey. RESOLUTION No. 12-09-18-02 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, DECLARING WORK TO BE COMPLETED AS TO PLANS AND SPECIFICATIONS FOR THE SIDEWALK IMPROVEMENTS AND ACCESS RAMPS PROJECT (CIP NOs. 10101, 10105, AND 07119) WHEREAS, on the 6th day of March 2012, the City of San Juan Capistrano entered into a Construction Contract with Naka Engineering Contractors to perform the Sidewalk Improvement and Access Ramps Project at various locations on Alipaz Street, Avenida de la Vista, Camino Del Avion, Del Obispo Street, and at the entrance to the City Community Center building; and WHEREAS, the City Engineer has evaluated the final quantities and cost figures and recommends approval. NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of San Juan Capistrano, does resolve as follows - SECTION 1. That the work required to be performed by said Contractor has been completed. SECTION 2. That the total cost of said work is $93,019 which includes $4,369 of extra work above the contract amount of $88,650, SECTION 3. That the work is hereby accepted and approved. SECTION 4. That the City Clerk is directed to forward forthwith a Notice of Completion to the County Recorder of the County of Orange for Recording. PASSED, APPROVED, AND ADOPTED this 18`h day of September 2012. i Larry Krame ATTEST: f Maria Morriss, C laity Jerk f r t� Mayor �� •t'ir' ��`Cf/ 9/1812012 STATE OF CALIFORNIA COUNTY OF ORANGE ) ss. CITY OF SAN .JUAN CAPISTRANO ) I, MARIA MORRIS, appointed City Clerk of the City of San Juan Capistrano, do hereby certify that the foregoing Resolution No. 12-09-18-02 was duly adopted by the Cit Council of the City of San Juan Capistrano at a Regular meeting thereof, held the 18 day of Septerner 2412, by the following vote: AY Fr rC UNCIL MEMBERS: Allevato, Freese, Reeve, Taylor and Mayor Kramer NOE OUNCIL MEMBER: None ABS OUNCIL MEMBER; None ORRIS, City 2 9/18/2012 7� 32400 PASEO ADEL.ANTO SAN JUAN CAPISTRANO, CA 92575 (949) 493.1171 (949) 4931053 FAX 14'h1W sanj uanCapJstrano. oft; TRANSMITTAL Naka Engineering Contractors PO Box 54442 Irvine, CA 92619 DATE: April 23, 2012 FROM: Christy Jakl, Deputy City Clerk (949) 443-6310 MEMBERS OF THE CITY COUNCIL SAM ALLEVATO LAURA FREESE LARRY KRAMER DEREK REEVE JOHN TAYLOR RE: Contract — Sidewalk and Access Ramp Construction Project (CIP 08103, 10101 and 07119) Thank you for providing documentation confirming compliance with the terms of the agreements related to insurance. Please keep in mind this documentation must remain current with our office during the term of the agreements. If you have questions related to insurance requirements, please call me at (949) 443-6310. If you have questions concerning the agreement, please contact Maryam Ramsey, Associate Engineer at (949) 443-6366. An original agreement is enclosed for your records. Cc: Maryam Ramey, Associate Engineer San Jacarr Capistr-ano: Pr eservirtg the fast to Enhance the Facture A• q, Printed on 1 D13% recycled paper Chrisu JAI From: Christy Jakl Sent: Wednesday, March 07, 2012 5:00 PM To: Maryam Ramsey Cc: Lindsey Mannan Subject: Naka Engineering Contractors (Bonds & Insurance) Hi Maryam, Please have Naka Engineering provide all necessary Bonds and Insurance documentation to our office as soon as possible. Please keep in mind that they should not begin work or be paid until we have received these documents. Let me know If you have any questions. Thank you and have a nice evening! C:hrist-� RN Deputy City Clerk City of San Juan Capistrano 32400 Paseo Adelanto San Juan Capistrano, CA 92675 (949) 443-5310 1 (949)493-1053 fax Chris Jakl From: Christy laki Sent: Monday, April 23, 201210:36 AM To: Maryam Ramsey Subject: Naka Eng Contract Attachments: Naka Eng Contract.pdf Hi Maryam, Attached is the Naka Engineering Contract and transmittal for your records. Thanks! Christy JAI Deputy City Clerk City of San Juan Capistrano 32400 Paseo Adelanto San Juan Capistrano, CA 92675 (949) 443-6310 1 (949) 493-1053 fax Today's Date: Transmittal Routing (Check All That Apply) o` �l C City Attorney ❑ City Manager ❑ City Clerk CONTRACT TRANSMITTAL CIP No. (if any): MIDI Project Manager's Last Name: �c °t Phone Extension: Council or CRA Meeting Date (if applicable):,21 APPROVING AUTHORITY: (Check One) Mayor ❑ GRA Chair F-1 City Manager Provide (1) executed original contract for each signing party, including the City. If the agreement is to be recorded — only (1) original will be recorded with certified copies going to other parties. Please provide the mailing address of any party to receive an agreement — unless the mailing address is included within the body of the agreement: (Not necessary if information is included in the contract) Name s} Street Cit t Zi OTHER INSTRUCTIONS: .��ry,JJIK L�