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C-3161 - Council Chambers Structural ADA Alterations
• CITY OF NEWPORT BEACH OFFICE OF THE CITY CLERK LaVonne M. Harkless, CMC January 23, 2003 LTG Construction 28241 Crown Valley Parkway, F -293 Laguna Niguel, CA 92677 Subject: City Council Chambers Structural ADA Alterations (C -3161) To Whom It May Concern: On January 11, 1999, the City Council of Newport Beach accepted the work of the subject project and authorized the City Clerk to file a Notice of Completion and to release the bonds 35 days after the Notice of Completion had been recorded in accordance with applicable portions of the Civil Code. The Notice of Completion was recorded by the Orange County Recorder on February 1, 1999, Reference No. 19990072693. The Surety for the contract is Great American Insurance Company, and the bond number is 3 35 34 72. Enclosed are the Labor & Materials Payment Bond and the Faithful Performance Bond. We apologize for the delay in returning the bonds. Sincerely, LaVonne M. Harkless, CMC City Clerk cc: Public Works Department R. Gunther, Construction Engineer encls. 3300 Newport Boulevard • Post Office Box 1768 • Newport Beach, California 92658 -8915 Telephone: (9491644-3005 • Fax: (9491644-3039 • www.city.newport- beach.ca.us Executed in 4 counterparts • • CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT CITY COUNCIL CHAMBERS STRUCTURAL ADA ALTERATIONS CONTRACT NO. 3161 BOND N0.3 35 34 72 LABOR AND MATERIALS PAYMENT BOND PAGE 15 Bond # 3 35 34 72 Pranium Included in Perfommnce Bond WHEREAS, the City Council of the City of Newport Beach, State of California, by motion adopted, has awarded to LTG Construction, hereinafter designated as the "Principal," a contract for construction of CITY COUNCIL CHAMBERS STRUCTURAL ADA ALTERATIONS, Contract No. 3161 in the City of Newport Beach, in strict conformity with the plans, drawings, specifications and other Contract Documents in the office of the Public Works Department of the City of Newport Beach, all of which are incorporated herein by this reference. WHEREAS, Principal has executed or is about to execute Contract No. 3161 and the terms thereof require the furnishing of a bond, providing that if Principal or any of Principal's subcontractors, shall fail to pay for any materials, provisions, or other supplies used in, upon, for, or about the performance of the work agreed to be done, or for any work or labor done thereon of any kind, the Surety on this bond will pay the same to the extent hereinafter set forth: Great neria surance NOW, THEREFORE, We the undersigned Principal, and, ICY duly authorized to transact business under the laws of the State of California, as Surety, (referred to herein as "Surety ") are held firmly bound unto the City of Newport Beach, in the sum of fifty three thousand two hundred fifty five and no /100 Dollars ($53,255.00), lawful money of the United States of America, said sum being equal to 100% of the estimated amount payable by the City of Newport Beach under the terms of the Contract; for which payment well and truly to be made, we bind ourselves, our heirs, executors and administrators, successors, or assigns, jointly and severally, firmly by these present. THE CONDITION OF THIS OBLIGATION IS SUCH, that if the Principal or the Principal's subcontractors, fail to pay for any materials, provisions, or other supplies, implements or machinery used in, upon, for, or about the performance of the work contracted to be done, or for any other work or labor thereon of any kind, or for amounts due under the Unemployment Insurance Code with respect to such work or labor, or for any amounts required to be deducted, withheld and paid over to the Employment Development Department from the wages of employees of the Principal and subcontractors pursuant to Section 13020 of the Unemployment Insurance Code with respect to such work and labor, then 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 to enforce the obligations of this Bond, a reasonable attorney's fee, to be fixed by the Court as required by the provisions of Section 3250 of the Civil Code of the State of California. 0 • PAGE 16 The Bond shall inure to the benefit of any and all persons, companies, and corporations entitled to file claims under Section 3181 of the California Civil Code so as to give a right of action to them or their assigns in any suit brought upon this Bond, as required by and in accordance with the provisions of Sections 3247 et. seq. of the Civil Code of the State of Califomia. And Surety, for value received, hereby stipulates and agrees that no change, extension of time, alterations or additions to the terms of the Contract or to the work to be performed thereunder or the specifications accompanying the same shall in any wise affect its obligations on this Bond, and it does hereby waive notice of any such change, extension of time, alterations or additions to the terms of the Contract or to the work or to the specifications. In the event that any principal above named executed this Bond as an individual, it is agreed that the death of any such principal shall not exonerate the Surety from its obligations under this Bond. IN WITNESS WHEREOF, this instrument has been duly executed by t%above named Principal and Surety, on the 6th day of J y 19 LTG Construction Name of Contractor (Principal) Great American Insurance Ccrgany Name of Surety 750 The City Drive Grange, CA Address of Surety 714- 740 -4969 Telephone Q Authorized Age) Signature Piglrwe �qij1i, Attorney -in -fact NOTARY ACKNOWLEDGMENTS OF CONTRACTOR AND SURETY MUST BE ATTACHED V t'1 L1 l V 1 11 \ II'1 ALL 1RPOSE ACKNOWLI'GEMENT STATE OF CALIFORNIA ) S.S. COUNTY OF SAN BERNARDINO ) On 1 UIV before me, personally appeared 1� h. JHI IJ'L A. HI IVKIVCI -11V —r 41.1 , X personally known to me; or Droved to me on the basis of satisfactory evidence to be the person(-s) whose nameh) is /a4.a. subscribed to the within instrument and acknowledced to me that (lie /she /4 -4rey) executed the same in h /her /t h i_ authorized capacity(=es+, and that the entity upon behalf of which the person (s4—acted, executed the instrument. WITNESS my hand and official seal. ° ^•••••� (SEAL) - '� _ :iOVR °.PUBLIC- CAL 'FO °.' ^ Y; Comm. Em, May 1:, .�.,- .;.>..... 7 ign =azure of Not Public i # *XZXXXtiXXX *i* _r iXx: hS #'s]FX]'r'iTx�f'FX*'A *A't]F.f it i'if##X]Ff ; *i' * *i`t *IF IF .fiX CAPACITY ('i.aTxFD BY SIGNER: T cuah statute does not require the notary to fill in the data below, doing so may prove invaluable to persons relying on the document. individual(s) Corporate_ Officer(s) Titles Partner(s) X Attorney -in -Fact Trustes(s) Guardian /Conservator Other: Signer is representing: and and Limited General ATTENTION NOTARY: Although the information requested below is optional, it could prevent fraudulent attachment of this certificate to unauthorized document. Title of type of document: BOND Number of pages: Date of document: Signer(s) other than named above: THIS CERTIFICATE MUST BE ATTACEED TO THE DOCUMENT DESCRIBED ABOVE. ✓.,ls /1a 7 Executed in 4 counterparts • CITY OF NEWPORT BEACH • PAGE 17 PUBLIC WORKS DEPARTMENT CITY COUNCIL CHAMBERS STRUCTURAL ADA ALTERATIONS CONTRACT NO. 3161 BOND NO. 3 35 34 72 FAITHFUL PERFORMANCE BOND The premium charges on this Bond is $ 1,331.00 being at the rate of $ 25.00 thousand of the Contract price. WHEREAS, the City Council of the City of Newport Beach, State of California, by motion adopted, awarded to LTG Construction hereinafter designated as the "Principal ", a contract for construction of City Council Chambers Structural ADA Alterations, Contract No. 3161. in the City of Newport Beach, in strict conformity with the plans, drawings, specifications, and other Contract Documents maintained in the Public Works Department of the City of Newport Beach, all of which are incorporated herein by this reference. WHEREAS, Principal has executed or is about to execute Contract No. 3161 and the terms thereof require the furnishing of a Bond for the faithful performance of the Contract; NOW, THEREFORE, we, the Principal, and Great Arz ican Insurance Cu7pany , duly authorized to transact business under the laws of the State of California as Surety (hereinafter "Surety "), are held and firmly bound unto the City of Newport Beach, in the sum of fifty three thousand two hundred fifty five and no /100 Dollars ($53,255.00), lawful money of the United States of America, said sum being equal to 100% of the estimated amount of the Contract, to be paid to the City of Newport Beach, its successors, and assigns; for which payment well and truly to be made, we bind ourselves, our heirs, executors and administrators, successors, or assigns, jointly and severally, firmly by these present. THE CONDITION OF THIS OBLIGATION IS SUCH, that if the Principal, or the Principal's heirs, executors, administrators, successors, or assigns, fail to abide by, and well and truly keep and perform any or all the work, covenants, conditions, and agreements in the Contract Documents and any alteration thereof made as therein provided on its part, to be kept and performed at the time and in the manner therein specified, and in all respects according to its true intent and meaning, or fails to indemnify, defend, and save harmless the City of Newport Beach, its officers, employees and agents, as therein stipulated, then, Surety will faithfully perform the same, in an amount not exceeding the sum specified in this Bond; otherwise this obligation shall become null and void. • • PAGE 18 As a part of the obligation secured hereby, and in addition to the face amount specified in this Performance Bond, there shall be included costs and reasonable expenses and fees, including reasonable attorneys fees, incurred by the City, only in the event the City is required to bring an action in law or equity against Surety to enforce the obligations of this Bond. Surety, for value received, stipulates and agrees that no change, extension of time, alterations or additions to the terms of the Contract or to the work to be performed thereunder or to the specifications accompanying the same shall in any way affect its obligations on this Bond, and it does hereby waive notice of any such change, extension of time, alterations or additions of the Contract or to the work or to the specifications. This Faithful Performance Bond shall be extended and maintained by the Principal in full force and effect for six (6) months following the date of formal acceptance of the Project by the City. In the event that the Principal executed this bond as an individual, it is agreed that the death of any such Principal shall not exonerate the Surety from its obligations under this Bond. IN WITNESS WHEREOF, this instrument has been duly executed by the Principal and Surety above named, on the 6th day of July , i g a£ LTG Construction Name of Contractor (Principal) Great American Tnairance cuazany Name of Surety 75n Tha Ci t-�4 nri va Qranaa , (-A Address of Surety 714- 740 - 4969. Telephone Authorized Signature Print Name andKT lt. A Saitnan Attorney-in-fact NOTARY ACKNOWLEDGMENTS OF CONTRACTOR AND SURETY MUST BE ATTACHED %.0 J-k L. I V Vn1V11 -% ALL4F IRPOSE ACKNOWLE@GEMENT STATE OF CALIFORNIA ) S.S. COUNTY OF SAN BERNARDINO ) On I P (r Iq D before me, FRANCES LEFLER. NOTARY PURL T(' personally appeared KELLY A. SAITMAN, ATTORNEY-TN-FACT , X personally known to me; or proved to me on the basis of satisfactory evidence to be the person(-s) whose name �&) is /a-r. subscribed to the within instrument and acknowledged to me that (pe /she /*;64 y) executed the same in authorized capacity( ---s , and that the entity upon behalf of which the person (s+-acted, executed the instrument. WITNESS mv_ hand and official seal. ( SEAL) ?Cc r'.i:'J�cS L'r : -`l; f ;'sl; • ?iCT.2RY PJ5LIC-C ?L.PO-." _. Jam- ,�/ o Sicnazure c -- o} =; Public CAPACITY C T•ATxT?D BY SIGNER: Thoucr_ statute does not recuire the notary to fill in the data below, doing so may prove invaluable to persons relying on the document. Individual(s) Corincraze Officer(s) Titles Partner(s), X -Attorney--in-Fact Trustse(s) Guardian /Conservator Other: Signer is representing: and and Limited General ATTENTION NOTARY: Although the information requested below is optional, it could prevent fraudulent attachment of this certificate to unauthorized document. Title of type of document: BOND Number of pages: Date of document: Signer(s) other than named above: THIS CERTIFICATE MUST BE ATTACHED TO THE DOCUMENT DESCRIBED ABOVE. i SI:semi 0 0 GUM AWERICAN INSURANCE COMPANY 580 WALNUT STREET • CINCINNATI, OHIO 45202 • 513 - 369 -5000 • FAX 513 - 723 -2740 The number of persons authorized by this power of attorney is not more than No. 0 13759 THREE POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS: That the GREAT AMERICAN INSURANCE COMPANY, a corporation organized and existing under and by virtue of the laws of the State of Ohio, does hereby nominate, constitute and appoint the person or persons named below its true and lawful attorney -in -fact, for it and in its name, place and stead to execute in behalf of the said Company, as surety, any and all bonds, undertakings and contracts of suretyship, or other written obligations in the nature thereof, provided that the liability of the said Company on any such bond, undertaking or contract of suretyship executed under this authority shall not exceed the limit staled below. Name Address Limit of Power JAY P. FREEM I ALL OF ALL KELLY A. SAITMAN ONTARIO, UNLIMITED DONALD R. DES COMBES CALIFORNIA This Power of Attorney revokes all previous powers issued in behalf of the attorney(s) -in -fact named above. IN WITNESS WHEREOF the GREAT AMERICAN INSU RANCE COMPANY has caused these presents to be signed and attested by its appropriate officers and its corporate seal hereunto affixed this 3rd day of September , 19 97 Attest STATE OF OHIO- COUNTY OF HAMILTON - ss: GREAT AMERICAN INSURANCE COMPANY On this 3rd day of September 1997 . before me personally appeared GARY T. DUNBAR, to me known, being duly sworn, deposes and says that he resided in tincmnati, Ohio, that he is the President of the Bond Division of Great American Insurance Company, the Company described in and which executed the above instrument; that he knows the seal; that it was so affixed by authority of his office under the By -Laws of said Company, and that he signed his name thereto by like authority. This Power of Attorney is granted by authority of the following resolutions adopted by the Board of Directors of Great American Insurance Company by unanimous written consent dated March I, 1993. RESOLVED: That the Division President, the several Division Vice Presidents and Assistant Vice Presidents, or anv one of them, be and hereby is authorized, from time to time, to appoint one or more Attorne vs -In -Fact to execute on behalf of the Company, as surety, anvand all bonds, undertakings and contracts ofsuretyship, or other wntten obligations in the nature thereof, to prescribe their respective duties and the respective limits of their authority: and to revoke any such appointment at any time. RESOLVED FURTHER: That the Company seal and the 5rgnature of any of the aforesaid officers and any Secretary or Assistant Secretary of the Company may be affixed by lacsimrde to any pouer of attorney or certificate of either given for the execution of any bond, undertaking, contract orsuretvship, or other written obligation in the nature thereof; such signature and seal when so used being hereby adopted by the Compan} as the original signature ofsuch officer and the original scal of the Company, to be valid and binding upon the Company' with the came force and effect as though manua0v affixed. CERTIFICA PION I. RONALD C. HAY ES. Assistant Secretary of (ircat American Insurance Company, do hereby certify that the foregoing Power of Attorne% and the Resolutions of the Board of Directors of March 1. 1991 have not been revoked and are now in full force and effect. Signed and sealed this 6.th- day of July 1 19 93 r RECORDING REQUESTED BY AND WHEN RECORDED RETURN TO: City Clerk City of Newport Beach 3300 Newport Boulevard Newport Beach, CA 92663 0 Recorded In the County of orange, California Gary L. Granville, Clerk /Recorder 11111111111111111111111 No Fee 19990072693 3;20pm 02/01 /99 005 17312102 17 04 N12 1 6.00 0.00 3.00 0.00 0.00 0.00 NOTICE OF COMPLETION 6103" NOTICE IS HEREBY GIVEN that the City of Newport Beach, 3300 Newport Boulevard, Newport Beach, California, 92663, as Owner, and LTG Construction of Laguna Niguel. California, as Contractor, entered into a Contract on June 22, 1998. Said Contract set forth certain improvements, as follows: City Council Chambers Structural ADA Alterations, C -3161. Work on said Contract was completed on September 22. 1998, and was found to be acceptable on January 11. 1999, by the City Council. Title to said property is vested in the Owner, and the Surety for said Contract is Great American Insurance Company. BY l C Public Works Director City of Newport Beach VERIFICATION I certify, under penalty of perjury, that the foregoing is true and correct to the best of my knowledge. Executed on 14 It L A .rl� at Newport Beach, California. FM January 11, 1999 CITY COUNCIL AGENDA ITEM NO. 14 • TO: Mayor and City Council Members FROM: Public Works Department SUBJECT: COMPLETION AND ACCEPTANCE OF CITY COUNCIL ADA � IMPROVEMENTS, CONTRACT NO. 3161. At I tip �J RECOMMENDATIONS: �w 1. Accept the work. 2. Authorize the City Clerk to file a Notice of Completion. 3. Authorize the City Clerk to release the bonds 35 days after the Notice of Completion has been recorded in accordance with applicable portions of the Civil Code. DISCUSSION: On June 22, 1998, the City Council authorized the award of the City Council Chambers Structural ADA Alterations contract to LTG Construction of Laguna Niguel, California. The contract provided for constructing alterations to cause the Council Chamber Building to conform to access standards of the Americans with Disabilities Act (ADA). The contract has now been completed to the satisfaction of the Public Works Department. A summary of the contract cost is as follows: • Original bid amount: $53,255.00 Actual amount of bid items constructed: 53,255.00 Total amount of change orders: 0.00 Final contract cost: $53,255.00 The final overall construction cost of the project was at the original bid amount. There were no change orders issued on this project. Funds for the project in the amount of $58,216.20 were budgeted in the Community Development Block Grant Fund, Account No. 7161- C5100416. All work, with the exception of minor punch list items, was completed by September 22, 1998, the scheduled completion date. The contractor, LTG Construction, is to be commended for coordinating his work hours to accommodate the chamber users in completing his work. WRespectfullly ✓�/�1s itted, ORKS DEPARTMENT Don Webb, Director By GLCJ ' Horst Hlawaty Construction Engineer f:\ users \pbw\shared \council \fy98- 99 \jan- 11 \ada c- 3161.doc RECORDING REQUESTED BY AND WHEN RECORDED RETURN TO: City Clerk City of Newport Beach 3300 Newport Boulevard Newport Beach, CA 92663 'Exempt from recording fees pursuant to Government Code Section 6103" NOTICE OF COMPLETION NOTICE IS HEREBY GIVEN that the City of Newport Beach, 3300 Newport Boulevard, Newport Beach, California, 92663, as Owner, and LTG Construction of Laguna Niguel. California, as Contractor, entered into a Contract on June 22, 1998. Said Contract set forth certain improvements, as follows: City Council Chambers Structural ADA Alterations, C -3161. Work on said Contract was completed on September 22. 1998, and was found to be acceptable on January 11. 1999, by the City Council. Title to said property is vested in the Owner, and the Surety for said Contract is Great American Insurance Company. BY � Public Works Director City of Newport Beach VERIFICATION I certify, under penalty of perjury, that the foregoing is true and correct to the best of my knowledge. Executed on r c, ir,r l { i'i E at Newport Beach, California. �l NEW BY City Clerk �� CITY CLERK q PAGE 1 CITY OF NEWPORT BEACH NOTICE INVITING BIDS Sealed bids may be received at the office of the City Clerk, 3300 Newport Boulevard, P.O. Box 1768 Newport Beach, CA 92658 -8915 until 11:00 a.m. on the 9th day of June, 1998, at which time such bids shall be opened and read for CITY COUNCIL CHAMBERS STRUCTURAL ADA ALTERATIONS Title of Project Contract No. 3161 $62,500 Engineer's Estimate Annro ved by 0 - Don Webb Public Works Director Prospective bidders may purchase bid documents for $25.00 per set at the Public Works Department, 3300 Newport Boulevard, P. O. Box 1768, Newport Beach, CA 92658 -8915. Please refer questions concerning the plans and specifications to Mr Lyle Hutson at (949) 675 -9195. PAGE 2 ' CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT CITY COUNCIL CHAMBERS STRUCTURAL ADA ALTERATIONS ' CONTRACT NO. 3161 ' INSTRUCTIONS TO BIDDERS 1. The following documents shall be completed, executed and received by the City Clerk in accordance with NOTICE INVITING BIDS: INSTRUCTIONS TO BIDDERS BIDDER'S BOND ' DESIGNATION OF SUBCONTRACTORS TECHNICAL ABILITY AND EXPERIENCE REFERENCES NON - COLLUSION AFFIDAVIT ' PROPOSAL ' 2. Cash, certified check or cashier's check (sum not less than 10% of the total bid price) may be received in lieu of the BIDDER'S BOND. The title of the project and the words "Sealed Bid" shall be clearly marked on the outside of the envelope containing the documents. ' 3. The City of Newport Beach will not permit a substitute format for the Contract Documents listed above. Bidders are advised to review their content with bonding and legal agents prior ' to submission of bid. 4. BIDDER'S BOND shall be issued by an insurance organization or surety (1) currently authorized by the Insurance Commissioner to transact business of insurance in the State of ' California, and (2) listed as an acceptable surety in the latest revision of the Federal Register Circular 570. ' 5. The estimated quantities indicated in the PROPOSAL are approximate, and are given solely to allow the comparison of total bid prices. ' 6. Bids are to be computed upon the estimated quantities indicated in the PROPOSAL multiplied by unit price submitted by the bidder. In the event of discrepancy between wording and figures, bid wording shall prevail over bid figures. In the event of error in the multiplication of ' estimated quantity by unit price, the correct multiplication will be computed and the bids will be compared with correctly multiplied totals. The City shall not be held responsible for bidder errors and omissions in the PROPOSAL. 7. The City of Newport Beach reserves the right to reject any or all bids and to waive any minor irregularity or informality in such bids. Pursuant to Public Contract Code Section 22300, at the request and expense of the Contractor, securities shall be permitted in substitution of money withheld by the City to ansure performance under the contract. V 9 • ' PAGE 3 The securities shall be deposited in a state or federal chartered bank in California, as the ' escrow agent. 8. In accordance with the California Labor Code (Sections 1770 et seq.), the Director of Industrial ' Relations has ascertained the general prevailing rate of per diem wages in the locality in which the work is to be performed for each craft, classification, or type of workman or mechanic needed to execute the contract. A copy of said determination is available in the office of the ' City Clerk. All parties to the contract shall be governed by all provisions of the California Labor Code relating to prevailing wage rates (Sections 1770 -7981 inclusive). ' 9. The Contractor shall be responsible for insuring compliance with provisions of Section 1777.5 of the Labor Code Apprenticeship requirements and Section 4100 et seq. of the Public Contracts Code, "Subletting and Subcontracting Fair Practices Act ". ' 10. All documents shall bear signatures and titles of persons authorized to sign on behalf of the bidder. For corporations, the signatures shall be of a corporate officer or an individual ' authorized by the corporation. For partnerships, the signatures shall be of a general partner. For sole ownership, the signature shall be of the owner. ' COMMUNITY DEVELOPMENT BLOCK GRANT PROVISIONS ' General The City of Newport Beach will receive Community Development Block Grant ( "CDBG ") funds from the United States Department of Housing and Urban Development ( "HUD ") pursuant to Title I of the Housing and Community Development Act of 1974 (42 U.S.C. 5301 et seq.), as ' amended ( "ACT ") and the regulations of 24 C.F.R. Section 570 et. seq. ( "federal funds "). CITY has approved the provision of federal funds under ACT to be used to fund the construction of this contract. ' 1. Records and reports The Contractor shall keep records of all federal funds received from the City of Newport Beach under the terms and conditions of this agreement and of all costs and expenses related to the contract in accordance with the provisions contained in the Federal Office of Management and Budget Circular A -110 with its subparts and appendix. The Contractor shall retain said records and invoices for 3 years minimum final payment has been received and all ' other pending matters in connection with the work to be performed under this contract have been closed.. The Contractor's records shall include payroll records that accurately show the name, address, social security number, work classification, straighttime and overtime hours worked each ' day and week, and the actual per diem wages paid to each employee, apprentice or journeyman employed by it in connection with this project in accordance with the Davis Bacon Act (40 USC section 176a, et seq.) by the Secretary of Labor and agrees to require each of its subcontractors to do the same for each craft or type of worker needed to perform this contract. The Contractor shall also agree that its payroll records and those of its subcontractors, if any, shall be available at all reasonable times to the City of Newport Beach, the employee or his representative, the Division of Labor Standards Enforcement, and the Division of Apprenticeship Standards, and shall ' comply with all of the provisions of California Labor Code. 2. Federal Participation This contract is being financed by the United States of America. ' Several contract provisions embodied herein are in accordance with the provisions applicable to such federal assistance. Since federal funds are financing the work, the statutes, rules and L! ' PAGE 3A regulations promulgated by the Federal Government and applicable to the work will apply, and the Contractor agrees to comply therewith. 3. Other Program Requirements The Contractor agrees to comply fully with all applicable rules, regulations, guidelines, procedures and standards of the United States Department of Housing and Urban Development, and to complete any and all reports and forms that may be required in accordance therewith. The Contractor further agrees to fully comply with all applicable federal, state and local laws and regulations, including, but not by way of limitation, Title I of the ' Housing and Community Development Act of 1974 as amended and the regulations of 24 C.F.R. Section 570 et seq., Title 22 of the California Administrative Code and Title 24 of the Code of Federal Regulations, CDBG financial and contractual procedures and OMB Circular Nos. A -87, A- 122 and A -110, with Subparts A,B,C,D and Appendix A and Subpart K as set forth in 24 C.F.R. 570.600. ' 4. Non - Discrimination The Contractor, its affiliates, subsidiaries or holding companies shall not discriminate against any subcontractor, subconsultant, employee or applicant for employment because of race, color, religion, sex, national origin, age or handicap. Such nondiscrimination ' shall include, but not be limited to, the following: employment, upgrading, demotion, transfers, recruitment, recruitment advertising, layoff, termination, rates of pay or other forms of compensation, and selection for training, including apprenticeship. The Contractor shall take ' positive steps to hire local qualified minority individuals when job opportunities occur and utilize local business firms when possible. The Contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices setting forth the provisions of this ' non - discrimination clause. The Contractor shall, in all solicitations or advertisements for employees placed by or on behalf of the Contractor, state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex, national origin, age or handicap. The Contractor shall not discriminate on the basis of age in violation of any provision of the Age Discrimination Act of 1975, 42 USC Section 6101 et sea. or with respect to any otherwise qualified handicapped individual as provided in Section 504 of the Rehabilitation Act of 1973, 29 ' USC Section 794. 5. Davis -Bacon Act The Contractor agrees to pay and require all subcontractors to pay all employees on this contract a salary or wage at least equal to the prevailing rate of per diem wage as determined by the Secretary of Labor in accordance with the Davis -Bacon Act (40 USC section 176a, et seq.) for each craft or type of worker needed to perform this Agreement. The Contractor ' agrees to comply with all applicable federal labor standards provisions; said provisions are incorporated herein by this reference. The Contractor shall comply with all provisions of Executive Order 11246, entitled "Equal Employment Opportunity," and amended by Executive Order 11375, ' and as supplemented in Department of Labor regulations (41 CFR part 60). 6. Equal Employment Opportunity The Contractor is required to have an affirmative action ' plan which declares that it does not discriminate on the basis of race, color, religion, creed, national origin, sex or age to ensure equality of opportunity in all aspects of employment. Section 503 of the Rehabilitation Act of 1973 (29 USC Section 701, et seq.) prohibits job discrimination because of handicap and required affirmative action to employ and advance in employment ' qualified handicapped workers. Section 402 of the Vietnam Era Veterans Readjustment Assistance Act of 1974 (38 USC Section 219 et seq.) prohibits job discrimination and requires affirmative action to comply and advance in employment for (1) qualified Vietnam veteran during the first four (4) years after their discharge and (2) qualified disabled veterans throughout their working life if they have a thirty percent (30 %) or more disability. To ensure compliance with I• • • ' I PAGE 3B these requirements, the Contractor shall provide the City of Newport Beach its written affirmative action plan prior to commencement of work. The Contractor is required to provide the City of Newport Beach a listing of its subcontractors together with a completed affirmative action program from each subcontractor, when applicable. 7. Section 3 Clause: The Training, Employment and Contracting Opportunities for Business and Lower Income Persons Assurance of Compliance: ' a. This contract is being financed under a program providing direct federal assistance from the Department of Housing and Urban Development, and as such is subject to the requirements of Section 3 of the Housing and Urban Development Act of 1968, as amended, 12 U.S.C. 1701u. Section 3 requires that to the greatest extent feasible, opportunities for training and employment be given lower income residents of the project area, particularly persons who are recipients of HUD assistance for housing, and contracts ' for work in connection with the project be awarded to business concerns which are located in, or owned in substantial part by persons residing in the area of the contract work. ' b. The Contractor shall comply with the provisions of said Section 3 and the regulations issued pursuant thereto by the Secretary of Housing and Urban Development set forth in 24 CFR Part 135, and all applicable rules and orders of the Department issued thereunder prior to the execution of this contract. The Contractor shall certify and agree that he is under no contractual or other disability which would prevent him from complying with these requirements. ' c. The Contractor agrees to send to each labor organization or representative of workers with which he has a collective bargaining agreement or other contract or understanding, if ' any, a notice advising said labor organization or worker's representative of his commitments under this Section 3 clause, and shall post copies of the notice in conspicuous places available to employees and applicants for employment or training. ' The notice shall describe the Section 3 preference, shall set forth minimum number of job titles subject to hire, availability of apprenticeship and training positions, the qualifications for each; and the name and location of the person(s) taking applications for each of the positions; and the anticipated date the work shall begin. d. The Contractor shall include these Section 3 clauses in every subcontract for this ' contract and will, at the direction of the City of Newport Beach, take appropriate action pursuant to the subcontract upon a finding that the subcontractor is in violation of regulations issued by the Secretary of Housing and Urban Development, 24 CFR Part ' 135. The Contractor shall not subcontract with any subcontractor where it has notice or knowledge that the latter has been found in violation of regulations under 24 CFR Part 135, and shall not let any subcontract unless the subcontractor has first provided it with a preliminary statement of ability to comply with the requirements of these regulations. te. The Contractor shall certify that any vacant employment positions, including training positions, that are filled: 1) After the Contractor is selected but before the contract is executed, and 2) with persons other than those to whom the regulations of 24 CFR part 135 require employment opportunities to be directed, were not filled to circumvent the Contractor's obligation under 24 CFR Part 135. PAGE 3C f. Compliance with the provisions of Section 3, the regulations set forth in 24 CFR Part 135, and all applicable rules and order of the Department of Housing and Urban Development issued thereunder prior to the execution of the contract, shall be a condition of the Federal financial assistance provided to the project, binding upon the applicant or ' recipient for such assistance, its successors, and assigns. Failure to fulfill these requirements shall subject the Contractor and subcontractors, their successors and assigns to these sanctions specified by the grant or loan agreement or contract through which Federal assistance is provided, and to such sanctions as are specified by 24 CFR Part 135. g. The Contractor and subcontractors subject to the requirements of Section 3 are ' required to prepare a written affirmative action plan in accordance with the provisions of Sections 135.65 and 135.70, 24 CFR Part 135. 8. Copeland "Anti- Kickback" Act: The Contractor and subcontractors shall comply with the provisions of the Copeland "Anti- Kickback" Act (18 USC Section 874), as supplemented in Department of Labor regulations, which Act provides that each shall be prohibited from including, ' by any means, any person employed in the construction, completion, or repair of public work, to give up any part of the compensation to which he is otherwise entitled. ' 9. Contract Work Hours and Safety Standards Act: The Contractor shall comply with the provisions of Section 103 and 107 of the contract Work Hours and Safety Standards Act (40 USC 327 et seq.) as supplemented by Department of Labor regulations (29 CFR, part 5). Under ' Section 103 of the Act, the Contractor shall be required to compute the wages of every mechanic and laborer on the basis of a standard workday of eight (8) hours and standard workweek of forty (40) hours. Work in excess of the standard workday or workweek is permissible provided that the ' worker is compensated at a rate of not less than 11/2 times the basic rate of pay for all hours worked in excess of eight (8) hours in any calendar day or forty (40) hours in the workweek. Section 107 of the Act is applicable to construction work and provides that no laborer or mechanic ' shall be required to work in surroundings or under working conditions which are unsanitary, hazardous, or dangerous to his health and safety as determined under construction, safety and health standards promulgated by the Secretary of Labor. These requirements do not apply to the ' purchase of supplies or materials or articles ordinarily available on the open market or contracts for transportation. ' 10. Implementation of Clean Air Act and Federal Water Pollution Control Act: a. The Contractor stipulates that all facilities to be utilized in the performance of this Agreement were not listed, on the date of contract award, on the United States Environmental Protection Agency (EPA) List of Violating Facilities, pursuant to 40 CFR 15.20. b. The Contractor agrees to comply with all of the requirements of Section 114 of the Clean Air Act and section 308 of the Federal Water Pollution Control Act and all ' regulations and guidelines listed thereunder. C. The Contractor shall promptly notify the City of Newport Beach of the receipt of any communication from the Director, Office of Federal Activities, EPA, indicating that a facility to be utilized pursuant to this Agreement is under consideration to be listed on the DPA List of Violating Facilities. ' PAGE M d. The Contractor agrees to include or cause to be included the requirements of paragraph (a) through (d) of this section in every nonexempt subcontract, and further agrees to take such action as the Government may direct as a means of enforcing such requirements. 11. Drug Free Workplace: The Contractor shall comply with the Drug -Free Workplace Act, and shall make a good faith effort to continue to maintain a drug -free workplace, including establishing a drug -free awareness program to inform employees about the dangers of drug abuse and the grantee's policy and penalties for drug abuse violations occurring in the workplace. ' 12. Lobbying: 1. No Federal appropriated funds shall be paid, by or on behalf of the undersigned, to ' any person for influencing or attempting to influence an officer or employee of any agency, a member of Congress, an officer or employee of Congress, or an employee of a member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement. 2. If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any ' agency, a member of Congress, and officer or employee of Congress or an employee of a member of Congress in connection with this Federal contract, grant, loan or cooperative agreement, the undersigned shall complete and submit Standard Form -LLL, "Disclosure ' Form to Report Lobbying," in accordance with its instructions. 3. The Contractor shall require that the language of this certification be included in the ' documents for all subcontracts at all tiers (including subcontracts, subgrants, and contracts under grants, loans, and cooperative agreements) and that all subrecipients shall certify and disclose accordingly. ' 13. Energy Conservation: Agreements with federal participation shall recognize mandatory standards and policies relating to energy efficiency which are contained in the State energy ' conservation plan issued in compliance with the Energy Policy and Conservation Act (42 USC Section 6201, et seq). ' 14. California Fair Employment and Housing Act: The Contractor agrees to comply with all requirements and utilize fair employment practices in accordance with the California Government Code sections 12900 et seq. 15. California Prevailing Wage Law: The City of Newport Beach has ascertained from the Director of Industrial Relations of the State of California the general prevailing rate of per diem ' wages and the general prevailing rate for legal holiday and overtime work in the locality in which the work is to be performed for each craft of type of work needed to execute this Agreement, and the same has been set forth by resolution on file the office of the City Clerk. The Contractor and any subcontractor under it shall pay not less than said prevailing wage rates to all workers employed on this Public Works Agreement, as required by California Labor Code Sections 1771 V 1 i • 1 11 1 1 1 1 PAGE 3E and 1774. In accordance with the provisions of Section 3700 of the California Labor Code, the Contractor agrees to secure payment of compensation to every employee. 16. California Prevailing Wage Law - Penalty: In accordance with Section 1774 and 1775 of the California Labor Code, the Contractor shall forfeit to the City of Newport Beach a penalty of twenty -five dollars ($25) for each calendar day or portion thereof for each worker paid (either by the Contractor or any of its subcontractors) less than the prevailing wage rate established for that particular craft or type of work. 17. California Eight -Hour Law: California Labor Code, Section 1810 et seq, shall apply to the performance of this Agreement; therefore, not more than eight (8) hours shall constitute one day's work, and the Contractor and each subcontractor employed for this project shall not require more than eight (8) hours of labor per day or forty (4) hours per week from any one person employed by it hereunder, except as stipulated in California Labor Code Section 1815. The Contractor and each subcontractor employed by it hereunder shall, in accordance with California Labor Code section 1812, keep an accurate records, open to inspection at all reasonable hours, showing the name and actual hours worked each calendar day and each calendar week by each worker ' employed in connection with this project 18.California Eight Hour Law Penalty: Pursuant to this Agreement and in accordance with California Labor Code Section 1813, the Contractor shall forfeit to the City fo Newport Beach a penalty of twenty -five dollars ($25) for each worker employed hereunder by the Contractor or any subcontractor for each calendar day during which such worker is required or permitted to work ' more than eight (8) hours in any one (1) calendar day or forty (40) hours in any one (1) calendar week in violation of California Labor Code Section 1815. ' 19.Payment of Travel and Subsistence Allowance: Section 1773.8 of the California Labor Code, regarding the employment of apprentices, is applicable to this contract. 20.Employment of Apprentices: Section 1777.5 of the California Labor Code, regarding the employment of apprentices, is applicable to this contract. 1 The signature below represents that the above has been reviewed. ' 7 0 -33V C;1 Contractor's License No. & Classification 6 < < Co" X;1 Bidder 1 J 7 horized Signatureffitlle ' c?- �,0 1 Date 11 j; /i V! / 0 � 0 § 0 \, _� § 0 § g zi § _ \ 8; () �q! Pr §| )| PAGE £ f I f | { ! � iI ;� §° § -0 \ /) ® / .�� . t |/ = §| | . ! � ' § � | a ®� - - - - - -- . - - - - -- ------- { - - - - -- • �� f I f | { ! � iI ;� 1 .STATEMENT OF COMPLIANCE • PAGE 3G Date 1. do hereby state: (Nam. or alanaterr p•ny) (Tlrlq (1) That 1 pay or supervise the payment of the persons employed by_ (Cemra<re• on er suXentr.ewq the_ . that during the payroll period commencing on the dsy of (8uldrns or world —_ 19__ and ending the_dey of . 19 , all Persons employed on said pm/ect have been paid the full weekly wages earned, that no rebates have been of will be made either Q ftctly o: Indirectly to or on behalf of said from :he lull weekly wages tamed by any person and that no deductions have (Conlratlar er .utafnbaeroq . been made either directly of indirectly from the full' wages earned by any Person, other than permissible deductions, as described below. (2) That any payrolls othrwise under this contract required to be submitted for the above period are correct and complete; that the wage rates for laborers or mechanics contained therein are not less than Lie applicable wage rates contained in any wage determination Incorporated into the contract; that the classifications set forth therein (or each taborer or mechanic conform with the work he performed (3) That any apprentices emnloyed in the above period are duly mgestered in a bons fide apprenticeship pmgrom registered with a State apprenticeship agency. (41 ThaC (a) . %'HERE FRINGE BENEFITS ARE PAID TO APPROVED PLANS, FUNDS, OR PROGRAMS In addition !n the basic hourly wage ntea paid to each taborer or mechanic listed in the above referenced payroll, payments of fringe benefits so listed in the contract have been or will be made to appropriate pmPnns for the benefit of such employees, except as noted in Section 4(c) below. (b) WHERE_ FRINGE BENEFITS ARE PAID IN CASH Each Laborer or mechanic listed in the above referenced payroll has been paid as Indicated on the payroll, an amount twat less than the sum of the applicable. basic hourly wage rate plus the amount of the required fringe benefits as listed in the contract, except as noted In Section 4(c) below: (c) EXCEPTIONS s EXCEPTION CRAFT EXPLANATION Plwrrks: , 1 v.ut safe Nile I 31Waluat On federally- funded projects, permissible deductions arc defined in Regulations. Part 3 (29 CFR Subtitle A), issued by the Secretary of Labor under the Copeland Act, as amended'(411 Seat. 949 63 hat. 108. 72 Stat. 967; 76 Seat. 357; AO U.S.C. 276c). Also, the willful falsification of ruby of the above slalemerto may subject the contractor or subcontractor to civil or criminal prosemlion (sae Section 1011 of Title lE and Section 231 of Title 31 of the United States Code). rrl7116*141 varr T04 HUD SECTION 3 VERIFICATION FORM ' EMPLOYEE INCOME AND RESIDENCY L , understand that my employment is subject to "Section 3 "• income and residency requirements as defined by the Department of Housing and Urban Development in order to provide economic opportunities for low and very low income persons (families) in connection with federally assisted projects. In order to determine my eligibility, I ' have submitted a copy of at least one of the following verifications of residency and at least one of the following verifications of income to my employer (CmWany Name) ' RESIDENCY: 0 Verification of Public Housing resident or Orange County Section 8 rental ' assistance (income verification not required for either of these verifications) 0 Verification of Orange County residency (i.e. driver's license, utility bill, rent ' receipt, other ' FAMILY INCOME: ' ❑ Most recent income tax form ❑ Copy of AFDC eligibility ' ❑ Copy of most recent W -2 form(s) ❑ Other: I certify under penalty of perjury that the information I have provided is true and correct and that ' I have reported any and all income of my family and receive no additional income and that the place of my residency is true and correct. DATE ' EMPLOYER VERIFICATION ' I have received copy(s) of the above form(s) and understand that these forms shall be maintained in our files for period not less than 3 years from final completion of the project. A copy of this signed form shall be sent to the City of Newport Beach, Public Works Department, along with the ' "Economic Opportunities for Low and Very Low Income Persons in Connection with Assisted Projects" form as required in accordance with the contract. PAGE 3H • PAGE 3I ' • Supplemental Information ' Section 3 provisions ensure that employment and other economic opportunities generated by certain HUD financial assistance shall, to the greatest extent feasible, be directed to low and very low income persons (families), particularly those who are recipients of government assistance for housing, and to business concerns which provide economic opportunities to low and very low income persons (families). These include: ' Section 3 Business Concern: A business entity formed in accordance with State law, to engage in the type of business activity for which it was formed, and; 1) is 51% or more owned by Section 3 residents or 2) whose permanent, full -time employees include persons, at least 30 ' percent of whom are currently section 3 residents, or within three years of the date of first employment with the business concern were section 3 residents; or 3) that provides evidence of a commitment to subcontract in excess of 25% of the dollar award of all subcontracts to be awarded to business concerns that meet the qualifications set forth in 1) and 2) above. Section 3 Resident: 1) A public housing resident; or 2) An individual who resides in the neighborhood or County in which the persons benefitting from the Section 3 covered project reside. A copy of the most current HUD Income Limits Table by family size, can be obtained from the Public Works Department. These income limits are subject to change. 11 1 I I PAGE 3J i o 0 Z m N 0 0 N N 0 0 N O 0 0 O O 0 0 m M 0 0 O O 0 0 0 0 0 0 N O 0 0 O m 0 0 N O 0 0 O O ] m m n�-- Nm Nm OM mm .-m mN N m N 0 'O M y Mm M m O m M M am MO O V' m N m N ' LL. 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Q Q n Q M Q ,Q 'Y 0 LL,• 7 m W M J W v w m w v N� N N Q m W m > w to O M M w V w m W m W m W m W m W m W m W m W m W m W L m W w rn r Q Q rn Q M 0 0 Q rn rn Q rn rn Q m Q Z m O Z z ' Q fl) 0 m.-O m m.-O Q.-O UIQ [[.,Z� Q1Q rn•- 7.-U �.-O �.-0 W IL? a LL Z( aLL= a ILL? LL? dLL t}L Z (L LL Z 0 LLZ )LL Z �LLZ PAGE 3R Economic,Opportunities for Low- U.S. Department of Housing OMB Approval No. 2529 -0043 (exp, 4 /30/97) and Very ow - Income Persons and Urban Development ri Office of Fair Housing in Connection with Assisted Projects and Equal Opportunity HUD Act of 1968, Section 3 t ' Public Reporting Burden for this collection of information is estimated to average 2 hours per response, including the time for reviewing instructions, searching existing data sources, gathering and maintaining the data needed, and completing and reviewing the collection of information. Send comments regarding this burden esumal_ or any other aspect of this collection of information, including suggestions for reducing this burden, to the Reports Management Officer, Office of Information Poliaee. and Systems, U.S. Department of Housing and Urban Development, W ashmgton, D.C. 20410'3600 and to the Office of Management and Budget, PaperworA Reduction Pro)ect (25290043), Washington, D.C. 20503. Do not send this completed form to either of these addressees. ' 1. Reopieni Name 8 Address: ( Street. City, State. Zip) 2. Federal dentification: ( Contract/Award No. ) 3. Dollar Amouni of Award 4. Contact Person: 5. Phone: (mclutle Area code; 1 6. Reporting Period; 7. Date Report Suhmnied - e Program Code[ Fl(Use a separate sheet for each Program code):;', 1,.•r, Part I: Em loyment and Training (' Include New Hires in columns C and D.) A B C Total -New Hires / of Aggregrale % of total staff hours by Job Category New Hires that are for Section 3 Employees Section 3 Residents and Trainees pCOfessopa�s // r /'r�/ %' / / / r r! / /jj ' � / / /j / / / /Gi� iY i /� /jY / / / Technicians Construction by 1 1 Trade 1 -Trace: Lade: D E Number of Section 3 Racial /Ethnic Cade(s) Employees and For Columns D and E. show Numbers Trainees ' 1 1 2 1 3 1 4 1 5 i 4, Amy /.� / /�i�i , / /_..A% Trade: 1 = Flexible Subsidy ' ! _ 7 - CDBG- Emidemeat 3 = Public/Indian Housing Development, 6 = CDBG -State Administered Operation and Modernization I 4 = Homeless_ Assistance D E Number of Section 3 Racial /Ethnic Cade(s) Employees and For Columns D and E. show Numbers Trainees ' 1 1 2 1 3 1 4 1 5 i /�/r / //�ij I 1 = Flexible Subsidy r ! _ ri �� /�/r / //�ij Program Codes- 1 = Flexible Subsidy 6 - HOME -State Administered I 7 - CDBG- Emidemeat 3 = Public/Indian Housing Development, 6 = CDBG -State Administered Operation and Modernization 9 = Other CD Programs 4 = Homeless_ Assistance Racial /Ethnic Codes - 5 =HOME 1 = White American 2 = Black American 3 - Native American 4 = Hispanic American 5 - Asian Pacific American 6 = Hasidic Jews (For Part II only) i" I - Page 1 of 2 form HUD -60002 (8/94) rel 24 CFR 135 Program Codes- 1 = Flexible Subsidy 6 - HOME -State Administered 2 = Section 2021811 7 - CDBG- Emidemeat 3 = Public/Indian Housing Development, 6 = CDBG -State Administered Operation and Modernization 9 = Other CD Programs 4 = Homeless_ Assistance 10 = Other Housing Programs 5 =HOME Page 1 of 2 form HUD -60002 (8/94) rel 24 CFR 135 o rm HUD - 60002, onomic Opportunities for Low- and Very Low - Income Persons ousing and Urban Development Act of 1968, Section 3 structions: This form is to be used to report annual accomplishments ending employment, training and contracting opportunities provided low - and very low- income persons under Section 3 of the Housing and Urban Development Act of 1968. The Section 3 regulations apply to v public and Indian Housing programs that receive: (1) develop - ent assistance pursuant to Section 5 of the U.S. Housing Act of 1937: .) operating assistance pursuant to Section 9 of the U.S. Housing Act of 1937: or (3) modernization grants pursuant to Section 14 of the U.S'. ousing Act of 1937 and to recipients of housing and community velopment assistance in excess of $200,000 expended for: (1) housine rehabilitation (including reduction and abatement of lead- J'd paint hazards): (2) housing construction: or (3) other public onsirucrion projects: and to contracts and subcontracts in excess of 100,000 awarded in connection with the Section -3- covered activity exceeds 5100.000. Form HUD -60002 has three parts which are to be completed for all ograrns covered by Section 3. Part I relates to employment and �r aining. Part Il of the form relates to contracting, and Pan III surmnarizes recipients' efforts to comply with Section 3. Recipients or contractors subject to Section 3 requirements must a main appropriate documentation to establish that HUD financial sistance for housing and community development programs were directed toward low - and very low- income persons." A recipient of ection 3 covered assistance shall submit two copies of this report to the ocal HUD Field Office. Where the program providing assistance equires an annual performance report, this Section 3 report is to be submitted with the program performance report. Where an annual Iterfonnance repon is not required, this Section 3 report is to be ubmitted by January 10 and, if the project ends before December 31. within 10 days of project completion. Only Prime Recipients are required to report to HUD. The report must include accomplishments fall recipients and their Section 3 covered contractors and subcon- actors. L Recipient: Enter the naive and address of the recipient submitting this report. i2. Federal Identification: Enter the number that appears on the award form (with dashes). The award may be a grant, cooperative agreement or contract! '3. Dollar Amount of Award: Enter the dollar amount. rounded to the nearest dollar, received by the recipient. 4 & 5. Contact Person/Phone: Enter the name and telephone number of the person with knowledge of the award and the recipient's unplementation of Section 3. 6. Reporting Period: Indicate the time period (months and year) this report covers. '7. Date Report Submitted: Enter the appropriate date. 8. Program Code: Enter the appropriate program code as listed at the bottom of the page. Part 1: Employment and Training Opportunities Block A: Contains variousjobcategories. Professionals are defined as people who have special knowledge of an occupation (i.e.. supervisors, architects, surveyors, planners, and computer programmers). For construction positions. fist each trade and provide data in columns B through F for each trade where persons were employed. The category of "Other' includes occupations such as service workers. 'Block B: Enter the percentage of all the new hires (Section 3 residents) in connection with this award. New Hires include full -time positions (pennanent, temporary and seasonal). PAGE 3L B lock C: Enter the percentage of the total staff hours worked for Section 3 employees and trainees (including new hires) connected with this award. Include staff hours for part -tuna and full -time positiunS. Block D: Enter the number of Section 3 residents that were hired rind trained in connection with this award. Block E: Enter under each racindethnic code (1 -5) the number of employees and trainees recorded in columns- D and E. Part If: Contract Opportunities Block 1: Construction Contracts Item A: Enter the total dollar mnount of all contacts awarded on the project/prog rim. Item B: Enter the total dollar amount of contracts connected with this project/program that were awarded to Section 3 businesses. Item C: Enter the percentage of the total dollar amount of contracts connected with this projecdprograln awarded to Section 3 businesses. Item D: Enter the number of Section 3 businesses receiving awards. Indicate the appropriate racial/ethnic code(s). Item E: Enter under each racial/ethnlc code (1 -6) the number of employees and trainees recorded in Item D. Block 2: Non - Conswction Contracts Item A: Enter the total dollar amount of all contacts awarded on the project/program. Item B: Enter the total dollar amount of contracts connected with this project awarded to Section 3 businesses. Item C: Enter the percentage of the total dollar amount of contracts connected with this project/program awarded to Section 3 businesses. Item D: Enter the number of Section 3 businesses receiving awards. Indicate the appropriate raciallethnic code(s). Item E: Enter under each racial/ethnic code (1 -6) the number of employees and trainees recorded in Item D. Part III: Summary of Efforts - Self- explanatory Submit two (2) copies of this report to your local HUD Field Office within ten (10) days after the end of the reporting period you specified in item 8. Include only contracts executed during this reporting period. PHAstIHAs are to report all contractstsubcon- tracts. The terms "low- income persons" and "very low- income persons" have the same meanings given the terms in section 3(b)(2) of the United States Housing Act of 1937. Low- income persons mean families (including single persons) whose incomes do not exceed 80 per centum of the median income for the area. as determined by the Secretary, with adjustments for smaller and larger families, except that the Secretary may establish income ceilings higher or lower than 80 per centum of the median for the area on the basis of the Secretary's findings such that variations are necessary because of prevailing levels of construction costs or unusually hi eh- or low - income families. Very low -inmme persons mean low - income families (including single persons) whose incomes do not exceed 50 per centum of the median family income for the area, as determined by die Secretary with adjustments for smaller and larger fain it ies, except that the Secretary may establish income ceilings higher or lower than 50 percentum of the median for the area on the basis of die Secretary's findings that such variations are necessary because of unusually high or low family incomes. form HUD -60002 (8/94) ref 24 CFR 135 PAGE 3M Part 11: Contracts Awarded 1. Construction Contracts: A. Total dollar amount of all contracts awarded on the project $ _ B. Total dollar amount of contracts awarded to Section 3 businesses $ C. Percentage of the total dollar amount that was awarded to Section 3 businesses D. Total number of Section 3 businesses receiving contracts ' E. Enter the number of Section 3 businesses receiving contracts by Racial /Ethinic code(s)(see page 1 for codes) 1 2 O 3 O 4 5 6 1 Non - Construction Contracts: ' A, Total dollar amount of all non - construction contracts awarded on the project/activity $ B. Total dollar amount of non - construction contracts awarded to Section 3 businesses $ C. Percentage of the total dollar amount that was awarded to Section 3 businesses ' D. Total number of Section .3 businesses receiving non - construction contracts E. Enter the number of Section 3 businesses receiving non - construction contracts by Racial /Ethnic code(s)(see page 1 for codes) 2 3 4 5 6 Part III: Summary ' Indicate the efforts made to direct the employment and other economic opportunities generated by HUD financial assistance for housing and community development programs, to the greatest extent feasible, toward low -and very low- income persons. particularly those who are recipients of govemment assistance for housing. (Check all that apply.) Attempted to recruit low - income residents through: local advertising media, signs prominently displayed at the project site, contacts with community organizations and public orprivate agencies operating within the metropolitan area (or norunetropohctn } county) in which the Section 3 covered program or project is located, or similar methods. Participated in a HUD program or other program which promotes the training or employment of Section 3 residents. Participated in a HUD program or other program which promotes the award of contracts to business concems which meet the definition of Section 3 business concems. Coordinated with Youthbuild Programs administered in the metropolitan area in which the Section 3 covered project is located. Other: describe below. Page 2 of 2 form HUD -60002 (8/94) ref 24 CFR 135 't1S.Ool�rrrmnt PrYNrp OfAec 1W6- 3e7- TJ120a51 0 PAGE CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT CITY COUNCIL CHAMBERS STRUCTURAL ADA ALTERATIONS CONTRACT NO. 3161 BIDDER'S BOND= We, the undersigned Principal and Surety, our successors and assigns, executors, heirs and administrators, agree to be jointly and severally held and firmly bound to the City of Newport Beach, a charter city, in the principal sum of TEN PERCENT OF *1OUNT BID*** dollars ($ 1 Qb OF BID**), to be paid and forfeited to the City of Newport Beach if the bid proposal of the undersigned Principal for the construction of CITY COUNCIL CHAMBERS STRUCTURAL ADA ALTERATICNS, Contract No. 3161 in the City of Newport Beach, is accepted by the City Ccuncil of the City of Newport Beach and the proposed contract is awarded to the Principal, and the Principal fails to duly enter into and execute the Contract Documents for the ccnstruction of the project in the form required within ten days (10) (not including Saturday, Sunday, and federal holidays) after the date of the maiiing of Notice of Award; otherwise this obligation shall become null and void. If the undersigned Principal executing this Bond is executing this Bond as an individual, it is agreed that the death of any such Principal shall not exonerate the Surety from its obligations under this Bond. Witness our hands this 5T� day of DUNE .1098 LTG CONSTRUCTION Name of Contractor (Principal) GREAT NJERICAN INSURANCE COWANY Name of Surety 790 THE CITY DR SaMj ORANGE, CA 92,868 Address of Surety 6 H.1 . . Authorized KELLY A. SAITMAN ATTORNEY-IN -FACT Print Name and Title (Notary acknowledgment of Principal & Surety must be attached) - li/-1Ururvv1A ALL FVRPOSE ACKNOWLE &GEMENT 4 STATE OF CALIFORNIA S.S. COUNTY OF SAN PERNARDINO ) On before me, FRANCES LEFLER, NOTARY MRI-TC personally appeared X personally known to me; or proved to me on the basis of satisfactory evidence to be the person(-a-) whose name(-&) is /a-a- subscribed to the within instrument and acknowledged to me that (1-e /she /-tr_ e ) executed the same in k a /her /t: i= authorized capacity(-_es , and that the entity upon behalf of which the person (s+-acted, executed the instrument. WITNESS my hand and official seal. + (SEAL) 1 Sianature cf NOta Public ,.x * +rirs:ti ## �irixx # #x + + * * *,rx,tr CAPACITY CLAT ED BY SIMMR: Thouch statute does not reauire the notary to fill in the data below, doing so may prove invaluable to persons relying on the document. Individual(s) Coracrat=_ Officer(s) Titles Partner(S) X attorney -in -Fact ,Trustee(s) Guardian /Conservator Other: Signer is representing: and and Limited General ATTENITON NOTARY: Although the information requested below is optional, it could prevent fraudulent attachment of this certificate to unauthorized document. Title of tvue of document: BOND Number of pages: Date of document: Signer's) other than named above: THIS CERTIFICATE MUST BE ATTACHED TO THE DOCUMENT DESCRIBED ABOVE. "S /1 �7 0 0 0 0 0 GWMANERICAN INSURMCE CAMMY 580 WALNUT STREET . CINCINNATI, OHIO 45202 • 513 - 369 -5000 • FAX 513 - 723 -2740 The number of persons authorised by this power of attorney is not more than No. 0 13789 THREE POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS: 'That the GREAT AMERICAN INSURANCE COMPANY, a corporation organized and existing under and by virtue of the laws of the State of Ohio, does hereby nominate, constitute and appoint the person or persons named below its true and lawful attorney -in -fact, for it and in its name, place and stead to execute in behalf of the said Company, as surety, any and all bonds, undertakings and contracts of suretyship, or other written obligations in the nature thereof; provided that the liability of the said Company on any such bond, undertaking or contract of suretyship executed under this authority shall not exceed the limit stated below. Name Address limit of Power JAY P. FREEMAN ALL OF ALL KELLY A. SAITMAN ONTARIO, UNLIMITED DONALD R. DES COMBF,S CALIFORNIA This Power of Attorney revokes all previous powers issued in behalf of the attorney(s) -in -fact named above. IN WITNESS W HEREOP the GREAT 4ME.RK AN INSC RANCE COMPANY has caused these presents to hesigned and attested by its appropriate officers and its COT POT ate seal hereunto idh.xed this 3rd day of September , 19 97 Attest S1 ATE OF OHIO, COUNTY OF HAMILTON ss� GREAT AMERICAN INSURANCE COMPANY On this 3rd Tim of September 1997 , before me personalty appeared GARY T. DUNBAR, to me known, being duce sworn, deposes and says that he resided in l'incmnati, Ohio, that he is the President of the Bond Division of Great American Insurance Company, the Company described in and which executed the above instrument; that he knows the seal: that it was so affixed by authority Of his office under the By -Laws of said Company, and that he signed his name thereto by like authority. This Power of Attornev is granted by authority of the following resolutions adopted by the Board of Directors of Great American Insurance Company by unanimous written consent dated March I, 1993. RESOLVED: That the Division President, the .seteral Division Vice Presidents and Assistant Vice Presidents, Oran , one of them, be and hereby i,s authorized, from time To time, to appoint ong or more Attornos -In -Fact to execute on behalfofthe Compam', as surety, an -v and all fronds, undertakings and contracts of suretyship. or other written obligations in the nature thereon to prescribe their respectitc duties and the respectite limits of their authority: and no revoke ant such appointment at ant Time R FSOL VFD FUR THFR: That the C'onrpan v.seal and the signe t ore of aqp of the aforesaid officers and am Secretary or Assistant Secretary of the Company map he affivcd by luesrnrile to any power of attmricp or certificate of either gitrn for the execu( ion of any bond. underte Aing, contract orsuret yship, or other written obligannn in the nature therevol. such signature and seal u hen .so used being hereb' adopted ht the Compam as the original.aign:uure W such olh, cr and the marina peal of fire ('onrpage to be yalyd and binding upon the Company with the tame force and effect a though nranualh affixed. CE.RTIFI(CATIOS I, RONAI.1) ( HAYES, Assistant Secretary of (ireat American Insurance Company, do hereby ecrlify that the foregoing Power of Attorney and the Resolution of the Board of Doector, of March I, 1991 hace not been revoked and are now in full force and effect. Signed and sealed this 5TH s HOW0 ot, dar of JUNE 1998 V • • ' CITY OF NEWPORT BEACH ' PUBLIC WORKS DEPARTMENT CITY COUNCIL CHAMBERS STRUCTURAL ADA ALTERATIONS ' CONTRACT NO. 3161 1 DESIGNATION OF SUBCONTRACTOR(S) PAGE 5 State law requires the listing of all subcontractors who will perform work in an amount in excess of one -half of one percent of the Contractor's total bid. If a subcontractor is not listed, the Contractor represents that he /she is fully qualified to and will be responsible for performing that portion of the work. Substitution of subcontractors shall be made only in accordance with State law and /or the Standard Specifications for Public Works Construction, as applicable. Pursuant to Public Contract Code Section 22300 appropriate securities may be substituted for any monies to be withheld to ensure performance under the Contract. The Bidder, by signing this designation, certifies that bids from the following subcontractors have been used in formulating the bid for the project and that these subcontractors will be used subject to the approval of the Engineer and in accordance with State law. No changes may be made in these subcontractors except with prior approval of the City of Newport Beach. Subcontract Work Subcontractor Address 1. t��v rn G I ►J '� ��`1��r\ i?)tcttaw cdL (lc)5e0 keeauktl7 RA. A%A5"&1c'A! 2. G)QC_Vn\cl1-�_ �f�CYvsCJ �ec�nL� 7r1 y. /1"ki P(J^t14M,tN 3. �ti �jyrti�► Y7 ` Lu�.rs mr(tl0N 4. _QA N nr5 � C i4cc �."� 1-t c'_S t! CP LJJ 5. Q65rA �Z I hr 6eie i -cti 7;/t— 'not 'nGe rc-fc3l� s . s+,)4 A-,- a 7. 8. 9. 10. Bidder Signature/Title :_J rkk<_. 1 1 s PAGE 6 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT CITY COUNCIL CHAMBERS STRUCTURAL ADA ALATERATIONS CONTRACT NO. 3161 TECHNICAL ABILITY AND EXPERIENCE REFERENCES The undersigned submits herewith a statement of the work of similar character to that proposed herein which he /she has performed and successfully completed. Year Project Completed Name /Agency Person Telephone To Contact Number issue 0.- V lj (A\4- 2i1\1- GA;i Card. C1t;i d LA .)wrA TekNky Q(-,6v- Tro ✓rj ci_)a.x.J'lx d� &AjSt. )lei �'7 h�"`ZL) Sy0 -JQOJ 1 119'X (•ry o,- earl. C_AF- lv-k m, �nAa Kirk. 97q lJ 1 1 Bidder i &gnature/Title C) --f I 1 11 I I I FI ! • CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT CITY COUNCIL CHAMBERS STRUCTURAL ADA ALTERATIONS CONTRACT NO. 3161 NON - COLLUSION AFFIDAVIT State of California ) ss. County of�) PAGE 7 t f I V \l - g \C 13 v J� being first duly sworn, deposes and says that he or 4e is f^a h)eo. of the party making the foregoing bid; that the bid is not made in the interest of, or on behalf of, any undisclosed person, partnership, company, association, organization, or corporation; that the bid is genuine and not collusive or sham; that party making the foregoing bid; that the bid is not made in the interest of, or on behalf of, any undisclosed person, partnership, company, association, organization, or corporation; that the bid is genuine and not collusive or sham; that the bidder has not directly or indirectly induced or solicited any other bidder to put in a false or sham bid, and has not directly or indirectly colluded, conspired, connived, or agreed with any bidder or anyone else to put in a sham bid, or that anyone shall refrain from bidding; that the bidder has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the bid price of the bidder or any other bidder, or to fix any overhead, profit, or cost element of the bid price, or of that of any other bidder, or to secure any advantage against the public body awarding the contract of anyone interested in the proposed contract; that all statements contained in the bid are true; and, further, that the bidder has not, directly or indirectly, submitted his or her bid price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, or paid, and will not pay, any fee to any corporation, partnership, company association, organization, bid depository, or to any member or agent thereof to effectuate a collusive or sham bid. I declare under penalty of perjury of the laws of the State of California that the foregoing is true and correct. Bidder Authorized Signa-tu�r !title � Subscribed and sworn to before me this day of - 'C= 19 ,Y. (:. [SEAL] Notary Public My Commission Expires�,L� 0 0 PAGE 8 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT CITY COUNCIL CHAMBERS STRUCTURAL ADA ALTERATIONS CONTRACT NO. 3161 NOTICE TO SUCCESSFUL BIDDER The following Contract Documents shall be executed and delivered to the Engineer within ten (10) days (not including Saturday, Sunday and Federal holidays) after the date of receipt Notice of Award to the successful bidder: • CONTRACT • LABOR AND MATERIALS PAYMENT BOND • FAITHFUL PERFORMANCE BOND • CERTIFICATE(S) OF INSURANCE • GENERAL LIABILITY INSURANCE ENDORSEMENT • AUTOMOBILE LIABILITY INSURANCE ENDORSEMENT The City of Newport Beach will not permit a substitute format for these Contract Documents. Bidders are advised to review their content with bonding, insuring and legal agents prior to submission of bid' The Labor and Materials Payment Bond and Faithful Performance Bond shall be issued by an insurance organization or surety (1) currently authorized by the Insurance Commissioner to transact business of insurance in the State of California, and (2) listed as an acceptable surety in the latest revision of the Federal Register Circular 570. Pursuant to Public Contract Code Section 22300, appropriate securities may be substituted for any monies to be withheld to ensure performance under the Contract Insurance companies affording coverage shall be (1) currently authorized by the Insurance Commissioner to transact business of insurance in the State of California, and (2) assigned Policyholders' Rating A (or higher) and Financial Size Category Class VII (or larger) in accordance with the latest edition of Best's Key Rating Guide: Property - Casualty. Coverages shall be provided as specified in the Standard Specifications for Public Works Construction, except as modified by the Special Provisions. Certificates of Insurance and additional insured endorsements shall be on the insurance company's forms, fully executed and delivered with the Contract. The Notice to Proceed will not be issued until all contract documents have been received and approved by the City. 0 0 PAGE 9 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT CITY COUNCIL CHAMBERS STRUCTURAL ADA ALTERATIONS CONTRACT NO. 3161 CONTRACT THIS AGREEMENT, entered into this 22nd day of June, 1998, by and between the CITY OF NEWPORT BEACH, hereinafter "City," and LTG Construction, hereinafter "Contractor," is made with reference to the following facts: A. WHEREAS, City has advertised for bids for the following described public work: CITY COUNCIL CHAMBERS STRUCTURAL ADA ALTERATIONS Project Description 3161 Contract No. B. WHEREAS, Contractor has been determined by City to be the lowest responsible bidder and Contractor's bid, and the compensation set forth in this Contract, is based upon Contractor's careful examination of all Contract documents, plans and specifications. NOW, THEREFORE, City and Contractor agree as follows: 1. CONTRACT DOCUMENTS The complete Contract for the Project includes all of the following documents: Notice Inviting Bids, Instructions to Bidders, Proposal, Bidder's Bond, Non - Collusion Affidavit, Faithful Performance Bond, Labor and Materials Payment Bond, Permits, General Conditions, Standard Plans and Standard Special Provisions, Plans and Special Provisions for Contract No. 3161, Standard Specifications for Public Works Construction (current edition) and all supplements and this Agreement, and all modifications and amendments thereto (collectively the "Contract Documents "). The Contract Documents comprise the sole agreement between the parties as to the subject matter therein. Any representations or agreements not specifically contained in the Contract Documents are null and void. Any amendments must be made in writing, and signed by both parties in the manner specified in the Contract Documents. 2. SCOPE OF WORK Contractor shall perform everything required to be performed, and shall provide and furnish all the labor, materials, necessary tools, expendable equipment and all utility and transportation services required for the Project: 0 0 PAGE 10 All of the work to be performed and materials to be furnished shall be in strict accordance with the provisions of the Contract Documents. Contractor is required to perform all activities, at no extra cost to City which are reasonably inferable from the Contract Documents as being necessary to produce the intended results. 3. As full compensation for the performance and completion of the Project as required by the Contract Documents, City shall pay to Contractor and Contractor accepts as full payment the sum of fifty three thousand two hundred fifty five and no /100 Dollars ($53,255.00). This compensation includes: (a) Any loss or damage arising from the nature of the work, (b) Any loss or damage arising from any unforeseen difficulties or obstructions in the performance of the work, (c) Any expense incurred as a result of any suspension or discontinuance of the work, but excludes any loss resulting from earthquakes of a magnitude in excess of 3.5 on the Richter Scale and tidal waves, and which loss or expense occurs prior to acceptance of the work by City. 4. NOTICE OF CLAIMS Unless a shorter time is specified elsewhere in this Contract, before making its final request for payment under the Contract Documents, Contractor shall submit to City, in writing, all claims for compensation under or arising out of this Contract. Contractor's acceptance of the final payment shall constitute a waiver of all claims for compensation under or arising out of this Contract except those previously made in writing and identified by Contractor in writing as unsettled at the time of its final request for payment. WRITTEN NOTICE Any written notice required to be given under the Contract Documents shall be performed by depositing the same in the U.S. Mail, postage prepaid, directed to the address of Contractor and to City, addressed as follows: CITY City of Newport Beach Public Works Department 3300 Newport Boulevard Newport Beach, CA 92663 Attention: Lloyd Dalton (949) 644 -3328 6. LABOR CODE 3700 LIABILITY INSURANCE Contract, hereby certifies: CONTRACTOR LTG Construction 28241 Crown Valley Parkway F -293 Laguna Niguel, CA 92677 (714) 363 -7932 Contractor. by executing this "I am aware of the provisions of Section 3700 of the Labor Code which requires every employer to be insured against liability for Workers' Compensation or undertake self - insurance in accordance with the provisions of the Code, and I will comply with such provisions before commencing the performance of the work of this Contract." 0 7. INSURANCE PAGE 11 (a) Insurance is to be placed with insurers with a Best's rating of no less than A:VII and insurers must be a California Admitted Insurance Company. (b) Contractor shall furnish City with certificates of insurance and with original endorsements effecting coverage required by this Contract. The certificates and endorsements for each insurance policy are to be signed by a person authorized by that insurer to bind coverage on its behalf. All certificates and endorsements are to be received and approved by City before work commences. City reserves the right to require complete, certified copies of all required insurance policies, at any time. (c) Contractor shall procure and maintain for the duration of the contract insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the work hereunder by Contractor, his agents, representatives, employees or subcontractors. The cost of such insurance .shall be included in Contractor's bid. A. Minimum Scope of Insurance Coverage shall be at least as broad as: 1. Insurance Services Office Commercial General Liability coverage "occurrence" form number CG 0001 (Edition 11/85) or Insurance Services Office form number GL 0002 (Edition 1/73) covering Comprehensive General Liability and Insurance Services Office form number GL 0404 covering Broad Form Comprehensive General Liability. 2. Insurance Services Office Business Auto Coverage form number CA 0001 0187 covering Automobile Liability, code 1 "any auto" and endorsement CA 0029 1288 Changes in Business Auto and Truckers Coverage forms - Insured Contract. 3. Workers' Compensation insurance as required by the Labor Code of the State of California and Employers Liability insurance. B. Minimum Limits of Insurance Coverage limits shall be no less than: 1. General Liability: $1,000,000.00 combined single limit per occurrence for bodily injury, personal injury and property damage. If Commercial Liability Insurance or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to this project /location or the general aggregate limit shall be twice the required occurrence limit. 2. Automobile Liability: $1,000,000.00 combined single limit per accident for bodily injury and property damage. 0 PAGE 12 3. Workers' Compensation and Employers Liability: Workers' compensation limits as required by the Labor Code of the State of California and Employers Liability. C. Deductibles and Self- Insured Retentions Any deductibles or self- insured retentions must be declared to and approved by City. At the option of City, either: the insurer shall reduce or eliminate such deductibles or self- insured retentions as respects City, its officers, officials, employees and volunteers; or Contractor shall procure a bond guaranteeing payment of losses and related investigations, claim administration and defense expenses. D. Other Insurance Provisions The policies are to contain, or be endorsed to contain, the following provisions: 1. General Liability and Automobile Liability Coverages (a) City, its officers, officials, employees and volunteers are to be covered as additional insureds as respects: liability arising out of activities performed by or on behalf of Contractor, including the insured's general supervision of Contractor; products and completed operations of Contractor; premises owned, occupied or used by Contractor; or automobiles owned, leased, hired or borrowed by Contractor. The coverage shall contain no special limitations on the scope of protection afforded to City, its officers, officials, employees or volunteers. (b) Contractor's insurance coverage shall be primary insurance and /or primary source of recovery as respects City, its officers, officials, employees and volunteers. Any insurance or self- insurance maintained by City, its officers, officials, employees and volunteers shall be excess of the Contractor's insurance and shall not contribute with it. (c) Any failure to comply with reporting provisions of the policies shall not affect coverage provided to City, its officers, officials, employees and volunteers. (d) Contractor's insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability. (e) The insurance afforded by the policy for contractual liability shall include liability assumed by contractor under the indemnification /hold harmless provision contained in this Contract. 2. Workers' Compensation and Employers Liability Coverage The insurer shall agree to waive all rights of subrogation against City, its officers, officials, employees and volunteers for losses arising from work performed by Contractor for City. 3. All Coverages PAGE 13 Each insurance policy required by this clause shall be endorsed to state that coverage shall not be suspended, voided, canceled, rescinded by either party, reduced in coverage or in limits except after thirty (30) days' prior written notice by certified mail, return receipt requested, has been given to City. E. Acts of God Pursuant to Public Contract Code Section 7105, Contractor shall not be responsible for the repairing and restoring damage to Work, when damage is determined to have been proximately caused by an Act of God, in excess of 5 percent of the Contract amount provided that the Work damaged is built in accordance with the plans and specifications. F. Right to Stop Work for Non - Compliance City shall have the right to offer the Contractor to stop Work under this Agreement and /or withhold any payment(s) which become due to Contractor hereunder until Contractor demonstrates compliance with the requirements of this article. 8. RESPONSIBILITY FOR DAMAGES OR INJURY A. City and all officers, employees and representatives thereof shall not be responsible in any manner: for any loss or damages that may happen to the Work or any part thereof; for any loss or damage to any of the materials or other things used or employed in performing the Work, for injury to or death of any person either workers or the public; or for damage to property from any cause arising from the construction of the work by Contractor, or its subcontractors, or its workers, or anyone employed by it. B. Contractor shall be responsible for any liability imposed by law and for injuries to or death of any person or damage to property resulting from defects, obstructions or from any cause arising from Contractor's work on the Project, or the work of any subcontractor or supplier selected by the Contractor. C. Contractor shall indemnify, hold harmless, and defend City, its officers and employees from and against (1) any and all loss, damages, liability, claims, allegations of liability, suits, costs and expenses for damages of any nature whatsoever, including, but not limited to, bodily injury, death, personal injury, property damages, or any other claims arising from any and all acts or omissions of Contractor, its employees, agents or subcontractors in the performance of services or work conducted or performed pursuant to this Contract; (2) use of improper materials in construction of the Work; or, (3) any and all claims asserted by Contractor's subcontractors or suppliers on the project, and shall include reasonable attorneys' fees and all other costs incurred in defending any such claim. Contractor shall not be required to indemnify City from the sole or active negligence or willful misconduct of City, its officers or employees. 0 PAGE 14 D. To the extent authorized by law, as much of the money due Contractor under and by virtue of the Contract as shall be considered necessary by City may be retained by it until disposition has been made of such suits or claims for damages as aforesaid. E. Nothing in this article, nor any other portion of the Contract Documents shall be construed as authorizing any award of attorneys' fees in any action to enforce the terms of this Contract, except to the extent provided for in "C" above. F. The rights and obligations set forth in this Article shall survive the termination of this Contract. 9. EFFECT OF CONTRACTOR'S EXECUTION Execution of this Contract and all other Contract Documents by Contractor is a representation that Contractor has visited the Project Site, has become familiar with the local conditions under which the work is to be performed, and has correlated all relevant observations with the requirements of the Contract Documents, 10. CONFLICT If there is a conflict between provisions of this Contract and any other Contract Document, the provisions of this Contract shall prevail. 11. WAIVER A waiver by City or any term, covenant, or condition in the Contract Documents shall not be deemed to be a waiver of any subsequent breach of the same or any other term, covenant or condition. IN WITNESS WHEREOF, t rti and year first written above. N';. Vf1f ATTEST: }'4 n� I, / C CITY CLERK APP OVE TO FORM: A CITY ATTORNEY hereto have caused this contract to be executed the day CITY OF NEWPORT BEACH A Municipal C t, on G' By: Thoma C. d ds, Mayor CONTRACTOR 30 Y L�� and Title DATE (MM /DD/Y) A W—* CERTIFIGi`E'OF LIABILilY INSURA - A 1' 30 96 L JUN PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION CALIFORNIA COMMERCIAL INSURANCE SERVICES ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE 2291 W. MARCH LANE, SUITE 201A HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR STOCKTON CA 95207 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. PHONE: 209 -477 -3262 COMPANIES AFFORDING COVERAGE FAX: 209.477 -3654 - -— . COMPANY A CREDIT GENERAL INSURANCE COMPANY J INSURED COMPANY ' LTG CONSTRUCTION B 28241 CROWN VALLEY PARKWAY LAGUNA NIGUEL CA 92677 COMPANY C .I COMPANY D COVERAGES' THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED NOTWITHSTANDING ANY REQUIREMENT. TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALLTHE TERMS, EXCLUSIONS AND CONDITIONS OF SUCHPOLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. C0; TYPE OF INSURANCE POLICY NUMBER ECTIVE CY EXPIRATION POLICY EFF POLI LIMITS LTR DATE (MM/DDffY) DATE (MMIDDNY) GENERAL LIABILITY + GENERAL AGGREGATE • d 1,000,000 ART000 5789 -01 APR 22 98 APR 22 99 PRODUCTS- COMP /OP AGG. T$ 1,000,000 X COMMERCIAL GENERAL LIABILITY __ PERSONALBAOV INJURY $ 1,000,000 CLAIMS MADE X_I OCCUR A. . X OY.'NER'S & CONTRACTOR'S PROT EACH OCCURRENCE d 1,000,060 FIRE DAMAGE (Any One Fire) 1$ 50,000 " . MED. EXP(Any One Person) $ 500 AUTOMOBILE LIABILITY 'COMBINED SINGLE LIMIT $ ANY AUTO J ALLOWNEDAUTOS BODILY INJURY SCH EDULED AUTOS '(Per person) $ �— HIRED AUTOS BODILY INJURY $ NON -OWNED AUTOS j `I (Peraccident) - -- — PROPERTY DAMAGE $ GARAGE LIABILITY AUTO ONLY - EA ACCIDENT J' ANY AUTO OTHER THAN AUTO ONLY: _.. $ i EACH ACCIDENT i AGGREGATE $ EXCESS LIABILITY i EACH OCCURRENCE $ (UMBRELLA FORM _ 'AGGREGATE $ H OTHER THAN UMBRELLA FORM $ WORKERS COMPENSATION AND YICSTATLL OTH .. _- EMPLOYERS'LIABILITY 1 ^_ -- TORY UMIrs ER ��� \Cf�'I EACH ACCIDENT $ THE PROPRIETOR) 'NCI I__. I — F. I DISEASE - POLICY LIMIT $ PARTNERS'FAECUTIVE OFFICERS ARE EXCL DISEASE-EACH EMPLOYEE -- $ OTHER: THIS CERTIFICATE IS A e REVISION & THIS SUPERSEDES v ' A ALL OTHERS PREVIOUSLYs ISSUED ON 6- 25.98. •TIONS/VEHICL D SCRIPTION OF OPERATIONS /LOC CERTIFICATE HOLDER IS NAMED AS AN ADDITIONAL INSURED AS PER ATTACHED CG2010. 10 DAY NOTICE FOR NONPAYMENT, 30 DAYS ALL OTHER. RE: CITY COUNCIL CHAMBER, STRUCTURAL ADA ALTERATIONS. CONTRACT # 3161 CERTIFICATE HOLDER CANCELLATION SMOULU AND OF TIIC ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE ISSUING YS WFtT FOTCF. ION DATE THEREOF. ❑IE ISSUING COMPANY WILL MAIL JD' DAYS K'RITTCN NOTICF: TO THt CFRTIFK:ATE IIOIDFR NAMED TO THE I ER CITY OF NEWPORT BEACH PUBLIC WORKS DEPT. POST OFFICE BOX 1768 AUTHORIZED REPRESENTATIVE NEWPORT BEACH, CA 92658 -8915 Attention: LLOYD DALTON 0 POLICY NUMBER: ART000 5789 -01 COMMERCIAL GENERAL LIABILITY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS (Form B) This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name of Person or Organization; CITY OF NEWPORT BEACH PUBLIC WORKS DEPT. POST OFFICE BOX 1768 NEWPORT BEACH, CA 92658 -8915 (If no entry appears above. information required to complete this endorsement will be shown in the Declarations as applicable to this endorsement.) WHO IS AN INSURED (Section II) is amended to include as an insured the person or organization shown in the Schedule, but only with respect to liability arising out of "your work' for that insured by or for you * *2nd ADDITIONAL INSURED ** JOB: CITY COUNCIL CHAMBER, STRUCTURAL ADA ALTERATIONS, CONTRACT # 3161 CG 20 10 11 85 Copyright. Insurance Services Office, Inc., 1984 1- 1 �ACO CERTIFICA OF LIABILITY INSU NCkP4 GB D06 -W TGCO -1 06 16 98 /1/O1g PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE Powers 6 Company HOLDER THIS CERTIFICATE DOES NOT AMEND, EXTEND OR P. O. Box 619043 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. Roseville CA 95661 -9043 COMPANI£SAFFORDINGCOVERAGE _ _ Richard Powers FOMPA+Y PA NO. 916 -630 -8643 FESNP 800- 783 -0083 _. c A Progressive Casualty Company INSURED COMPANY' B LTG Construction Company _ • C GMPANY Louis I{�C 28241 Crown Valley Parkway F -2 j t' o,5Ar,r ` _ _ Laguna Niguel CA 92677 i D COVERAGES THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED OELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANOING ANY REQUIREMENT. TEAM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAYBE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POUCIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS EXCLUSIONS AND CONDITIONS OF SUCH POLICIES L09TS SHOWN NAY HAVE BEEN REDUCED BY PAID CLAIMS. _ CO. TYPE OFINSURANCE POLICY NVMBER LTR � PDIKY EfFFCIiVE POLCY EXPIRATION DATE (MM DDIYY) DATE (MWOWYY) LIMITS GENERAL LIABILITY GENERAL AGGREGATE S _- PRODUCTS -CO NOP AGG.S CONMERCALGENERALLABILITY1 I CAMS NNOE OCCUR PERSONAL A ADV RIJURY S OCCURRENCE- __. t OWNERSSCONTRACTOR'S PROTI FIRE DAMAGE (Arty PM lire} 'FIRE S MED EXP (My aN Perron) - S AUTOM081LE LI401LRY I I I COMBINED SINGLE LIMIT $100,000 A �ANYAUTO i CA0414833502 05/20/981 05/20/99 BODILY INJURY S ALL OWNED AUTOS j I X; I I HIREDAUTOS I 1 I (Per PxeM7 BODILY INJURY 1300r000 NON.OWNEDAUTOS (Per aFFIGMB PROPERTY DAMAGE �_.. —_. S �jQ QQQ I--- -- - - -- r GARAGL WI &L(TY AUTO ONLY- CA ACCIDENT S OTHER THAN AUTO ONLY:_ -, .. !ANY AUTO 1 I EACH ACCIDENT S. AGGREGATE $ EXCESS LL4AIUTY EACH OCCURRENCE S I AGGREGATE UMBRELLA FORM I - - -' -- I OTHER THAN UMBRELLA F ORM S WORKERS COMPENSATION AND 1 ' T� y �I1,�NS$ _ j TR - -- EMPLOYEAS LIABILITY I EL EACH ACCDENT i THE PROPRIETOR/ �LL INCL I Ei dSEASE POLICY LIMIT S PARTNERSIEXECUTNE r j - S OFRCERSARE EXCl EL DISEASE EA SAP LOVEE OTHER DESCRIPTION OF OPERATIONWLOCATI ONSNENICLESISPFML ITEMS EVIDENCE OF INSURANCE ; CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLJCIES BE CANCELLED Off-ORE THE E,,XP^^IIATON DATE THEREOF, THE ISSUNG COMPANY WILL ENDEAVOR TO MAIL DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO ME LEFT, BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE COMPANY. RS AGENTS OR REPRESENTAMUS- AUTNORIXEORERMtESENTATIVE �J'� Richard Powers 1 LJ" t✓YGl STATE P.O. BM 420807, SAN FRANCISCO, CA 94142-0807 COMPEINSATIO'N '11WS U R-Jk,N CIE "PUN, .0 CERTIFICATE OF WORKERS, COMPENSATION INSURANCE JUNE 29, 199? POLICY NUMBER CERTIFICATE EXPIRES: F -t!TV W.NEWPIORT BEACH' .. 111 . J1 . LD-11% 9 SAFETY DEPARTMENT 1 - POST GFFICE BOX 1768 I IEWPOT BEX*R, CA 92663 JOB; CITY C13LANSIL Ci MBERS. STRUCTURAL k9A L .ALTERATIONS jpts is -to certify that we Tiave issued a valid Workers' Compensation iosurance.policy.in a form approved by.V�p Gailifornia n gfhrrlisS,iAner t h .1 med below f� (he:qo1iq.'y j3eriodlir;�dicaled. o I e:efnpeyer-j�a Tffts policy is.not subjectio cancellation bithe Fund except upon ten days! advancewrAten.notioeto the employer. %lievvill also give you TEN days' advance notice should INS poli6y.be cancelled.prior to its normal expiration This certificate of insurance is not an insurancepobry and does not ame6d, extend 'oralteir,lhe coverage atiorded-ay-ttie -"ctes IiStad_'herein. 1116twithstanding any requirement, term, Or condition of any contract% T VtfieT w3th , ii-spect i6 which this cbrtifiaate'of insurance may be issued 'ar.1may pertain, the insurance aflorded'*"tlie'.p0ic:' as IJe6icribe0 berein is subjec'tI6 all-the terms, exclusions and conditionsof such policies 7�A - AUTHORIZED RLPRESrNTATIVE 1 PRESIDENT, EMPLDYZFV S LLMILITY L114TT INCLUDING DEFENSE 013STS: 121MO10 PEP DOWRAM*_ 34 V EMPLOYER )GABIR ' 1EL, L(XJTS T. T : I . DBR. L..T $. C0Ii6TRLtC—,,0N iM241' Z:R004 kIALLE' PKWY, . S77— ;72:93R LAGLMR fi JFL, U4. 9PE77 ;V f%=11111,01116-1 V LJ I 1 Page PR-1 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT PROPOSAL CITY COUNCIL CHAMBERS STRUCTURAL ADA ALTERATIONS CONTRACT NO. 3161 To the Honorable City Council City of Newport Beach 3300 Newport Boulevard, P. O. Box 1768 Newport Beach, California 92663 -8915 Gentlemen: The undersigned declares that he has carefully examined the location of the work, has read the Instructions to the Bidders, has examined the Plans and Special Provisions, and hereby proposes to furnish all materials except that material supplied by the City and shall perform all work required to complete Contract No. 3161 in accord with the Plans and Special Provisions, and will take in full payment therefore the following unit prices for the work, complete in place, to wit: 1. Lump Sum Mobilization / @ �} t `�-f 1 6%MYt�.6�Dollars and Cents Per Lump Sum 2. Lump Sum Construct City Council Chambers Structural ADA Alterations Fttn-ty 616 - -N- r -rjo r�rrn Q @ Twr7 � vWbruA 4 Dollars H7 r—t✓ and afD Cents ' Per Lump Sum $S Do V $ SHOD -d''o ITEM QUANTITY AND UNIT ITEM DESCRIPTION AND UNIT PRICE WRITTEN IN WORDS UNIT PRICE TOTAL PRICE 1. Lump Sum Mobilization / @ �} t `�-f 1 6%MYt�.6�Dollars and Cents Per Lump Sum 2. Lump Sum Construct City Council Chambers Structural ADA Alterations Fttn-ty 616 - -N- r -rjo r�rrn Q @ Twr7 � vWbruA 4 Dollars H7 r—t✓ and afD Cents ' Per Lump Sum $S Do V $ SHOD -d''o 0 TOTAL PRICE IN WRITTEN WORDS FIFti Tote Dollars and f JZ> Cents • $ S31 2 -' a T6tal Price Page PR -2 Bidder's Name J, —r G Cow 5,Tiz ) cT 1011 Bidder's Address 7-22141 CILOO D U&-1421 PKw., C41 9ZG 't Bidder's Telephone Number `11 � — 3 (a 3 — 1 C\ 3 Z Contractor's License No. & Classification ©Z g Date thorized Signature & Title • n- CITY OF NEWPORT BEACH OFFICE OF THE CITY CLERK P.O. BOX 1768, NEWPORT BEACH, CA 92658 -8915 Metro Builders & Engineers Group Ltd. 2610 Avon Street, Unit A Newport Beach, California 92663 Gentlemen: (714) 6443005 July 6,1998 Thank you for your courtesy in submitting a bid for the City Council Chambers Structural ADA Alterations (Contract No. 3161) in the City of Newport Beach. Enclosed is the Bid Bond which accompanied your proposal for the above mentioned project. Your cooperation in working with us on this matter is greatly appreciated, and we hope that you will accept future opportunities to bid on projects of a similiar nature. Enclosure Sincerely, AV (145 tr 4 . /%) , /V 5t;j LaVonne M. Harkless, CMC /AAE City Clerk 3300 Newport Boulevard, Newport Beach 0 40 CITY OF NEWPORT BEACH OFFICE OF THE CITY CLERK P.O. BOX 1768, NEWPORT BEACH, CA 92658 -8915 (714) 6443005 July 6, 1998 American Restoration and Construction 137 North Larchmont Boulevard, Suite 212 Los Angeles, California 90004 Gentlemen: Thank you for your courtesy in submitting a bid for the City Council Chambers Structural ADA Alterations (Contract No. 3161) in the City of Newport Beach. Enclosed is the Bid Bond which accompanied your proposal for the above mentioned project. Your cooperation in working with us on this matter is greatly appreciated, and we hope that you will accept future opportunities to bid on projects of a similiar nature. Enclosure Sincerely, LaVonne M. Harkless, CMC /AAE City Clerk 3300 Newport Boulevard, Newport Beach CITY OF NEWPORT BEACH OFFICE OF THE CITY CLERK P.O. BOX 1768, NEWPORT BEACH, CA 92658 -8915 TLS Construction Inc. 130 West Third Street Tustin, California 92780 Gentlemen: (714) 644 -3005 July 6, 1998 Thank you for your courtesy in submitting a bid for the City Council Chambers Structural ADA Alterations (Contract No. 3161) in the City of Newport Beach. Enclosed is the Bid Bond which accompanied your proposal for the above mentioned project. Your cooperation in working with us on this matter is greatly appreciated, and we hope that you will accept future opportunities to bid on projects of a similiar nature. Enclosure Sincerely, v1A - LaVonne M. Harkless, CMC /AAE City Clerk 3300 Newport Boulevard, Newport Beach June 22, 1998 CITY COUNCIL AGENDA ITEM NO. 9 TO: Mayor and Members of the City Council ary o= FROM: Public Works Department .UN 2 2 Community and Economic Development Department A'PProut C -3161 Y- SUBJECT: CITY COUNCIL CHAMBERS STRUCTURAL ADA AL CONTRACT NO. 3161 RECOMMENDATIONS: 1. Approve the plans and specifications. 2. Award Contract No. 3161 to LTG Construction for the Total Bid Price of $53,255, and authorize the Mayor and the City Clerk to execute the contract. 3. Authorize a $5,000 construction reserve amount for unforeseen work. 4. Authorize a budget amendment to transfer funds in the amount of $37,855 from Account No. 7161 - 05100361 (Balboa Peninsula Improvement Program) to Account No. 7161- C5100416 (Council Chambers ADA Project). DISCUSSION: This project provides for the removal of ADA barriers at the City Council Chambers building only. The work includes replacing entry handrails and the threshold leading into the building; providing areas for wheelchair user seating and speaking at meetings; and reconstructing the lobby restrooms to accommodate wheelchair users. The Americans with Disability Act of 1990 (ADA) mandates that persons with disabilities are to be provided accommodations and access equal to, or similar to, that available to the general public. Consequently, during 1992 staff from each City department underwent training to make evaluations of accessibility to their department's facilities. Locations of access barriers to disabled people were identified, costs for removing the barriers were estimated, and priorities for removing the barriers were established. The FY 1994 -95 and 1996 -97 budgets contained appropriations for removing what were termed as "readily achievable ", "priority structural ", and "structural" barriers from City facilities. Those barriers were removed under City Contract Nos. 2941 and 2948. The plans, specifications and estimate (PS &E) for Contract No. 3161 were prepared by Hutson & Partners, Architecture. Hutson has provided the following services in their scope of work: SUBJECT: CITY COUIP CHAMBERS STRUCTURAL ADA ALTEWONS CONTRACT NO. 3161 June 22, 1998 Page 2 1) Verifying information in the field and collecting onsite data as required to prepare accurate PS &E for the alterations; 2) Preparing detailed PS &E that are building permit -ready and conform with the requirements of the 1994 Uniform Building Code and applicable ADA regulations; 3) Providing clarification and in- the -field assistance (but not inspection nor contract administration) to resolve any and all design - related problems which may arise during construction; and 4) Consulting with City's staff and contractor as needed to establish design parameters, obtain copies of City records, review work progress, and complete the services listed above. At 11:00 a.m. on June 9, 1998, the City Clerk opened and read the following bids for this project: Bidder Total Bid Amount Low LTG Construction $53,255.00 2. Metro Builders & Engineers Group Ltd. 71,711.00 3. American Restoration & Construction 74,483.00 4. TLS Construction, Inc. 83,000.00 The low bid is 17% below the Engineer's Estimate of $62,500. The low bidder, LTG Construction, is a well qualified General Building Contractor who has not performed previous contract work for the City; however, a check with their references and the Contractors State License Board indicates that LTG has successfully completed many similar projects for other southern California agencies and has no pending actions detrimental to their contractors license, respectively. In addition to the bid amount, staff is recommending a construction reserve of $5,000 for unforeseen work. With this reserve, the total project cost is $58,255. The contract provides that all work shall be completed within 25 consecutive working days (approximately 5 weeks). Work may not interfere with the City's use of the Council Chambers or the conference room after 3:00 PM on Mondays. In addition, work within the Council Chambers room must be accomplished within the two week period between meetings of the City Council. Liquidated damages for violation of the time constraints mentioned above is $500 per calendar day. The Council Chambers building restrooms must be extensively remodeled, and that work will require most of the construction period to complete. Accordingly, the public restrooms in the main corridor of City Hall will be made available for users of the Council Chambers building. The work is proposed to be funded by CDBG funds provided by HUD. Approximately $20,400 remains in the budget appropriation for the Council Chambers ADA alterations 0 0 SUBJECT: June 22, 1998 Page 3 CITY COUACHAMBERS STRUCTURAL ADA ALTE &IONS CONTRACT NO. 3161 (Account No. 7161- C5100416). Staff is proposing a budget amendment to transfer funds in the amount of $37,855 from the Balboa Peninsula Improvement Program (Account No. 7161- C5100361) to provide the full amount needed for this project. The budget for Peninsula Improvement is $304,750, which was intended to fund feasibility studies for Balboa Boulevard beautification and the Mixmaster, as well as additional code enforcement staff, a sign inventory, design of entry statements and signs and other, unspecified projects on the Peninsula. The full amount allocated for code enforcement, sign inventory, and entry statements and signs has been or is expected to be spent this fiscal year, and the City Council recently approved use of CDBG funds for an expanded Mixmaster feasibility study and appraisal of the Balboa Theater. However, the Balboa Boulevard beautification feasibility study is not expected to begin until next fiscal year, and projects have not been identified for the remainder of funds in this account. As a result, staff is anticipating that approximately $120,000 will be available for reprogramming in future years. Staff believes it would be appropriate for the City to use some of these funds for the Council Chambers ADA alterations because it is an eligible use of CDBG and a requirement to comply with Federal law. Additionally, the transfer will not affect the City Council's ability to implement the highest priority items in the Peninsula revitalization program, since the Via Lido /32ntl Street project has been eliminated. However, this transfer will result in the City having less flexibility to assist with other projects that may be important to the Council, such as the Balboa Theater and commercial fagade improvements. Respectfully submitted, Public Works Department Community & Economic Development Department Don Webb, Director Sharon Wood, Assistant City Manager .ri•��' j Ko • Dalton, PE Design Engineer Cie of Newport Beach* NO. BA- 081 BUDGET AMENDMENT 1997 -98 AMOUNT: 537,855.00 cFFECT ON BUDGETARY FUND BALANCE: • Increase Revenue Estimates Increase in Budgetary Fund Balance Increase Budget Appropriations AND Decrease in Budgetary Fund Balance Hx Transfer Budget Appropriations Px No effect on Budgetary Fund Balance X from existing budget appropriations from additional estimated revenues from unappropriated fund balance EXPLANATION: This budget amendment is requested to provide for the following: To remove ADA barriers at the City Council Chambers providing for wheelchair user seating, speaking and bathroom accessibility. ACCOUNTING ENTRY: BUDGETARY FUND BALANCE Debit Fund Accoun Description 010 3605 Fund Balance Control rcEVENUE APPROPRIATIONS (3601) Fund /Division Account Description Amount Credit EXPENDITURE APPROPRIATIONS (3603) Description Division Number 7161 Community Development Block Program Account Number C5100361 Balboa Peninsula Improvement Progra $37,855.00 Division Account Division Account Division Account Signed fined Signed Number 7161 Community Development Block Program Number C5200416 Council Chambers ADA Project Number Number Number Number // / City Council Approval: City Clerk $37,855.00 Date • Difte Date City of Newport Beach* NO. BA- 081 BUDGET AMENDMENT fk 9 1997 -98 AMOUNT:J $37,855.00 cFFECT ON BUDGETARY FUND BALANCE: Increase Revenue Estimates Increase in Budgetary Fund Balance Increase Budget Appropriations ANQ Decrease in Budgetary Fund Balance X Transfer Budget Appropriations X No e�ffect_annt Badgetar� Fund Balance I X from existing budget appropriations from additional estimated revenues from unappropriated fund balance EXPLANATION: This budget amendment is requested to provide for the following: JM22 8 To remove ADA barriers at the City Council Chambers providing for wheelchair user seating, speaking and bathroom accessibility. ACCOUNTING ENTRY: BUDGETARY FUND BALANCE Fund Accoun t Description 010 3605 Fund Balance Control "EVENUE APPROPRIATIONS (3601) Fund /Division Account Description Amount Debit Credit EXPENDITURE APPROPRIATIONS (3603) Description Division Number 7161 Community Development Block Program Account Number C5100361 Balboa Peninsula Improvement Progra $37,855.00 Division Number 7161 Community Development Block Program Account Number C5200416 Council Chambers ADA Project Division Number Account Number Division Number Account Number gned: Signed: City Council Approval: City Clerk Automadc $37,855.00 Date D to Date Authorized to Publish Advertisements of all kinds lading public notices by Decree of the Superior Court of Orange County, California. Number A•6214, September 29, 1961, and A -24831 June 11, 1963. PROOF OF PUBLICATION STATE OF CALIFORNIA) ) SS. County of Orange ) I am a Citizen of the United States and a resident of the County aforesaid; I am over the age of -eighteen years, and not a party to or interested in the below entitled matter. I am a principal clerk of the NEWPORT BEACH -COSTA MESA DAILY PILOT, a newspaper of general circulation, printed and published in the City -of Costa Mesa, County of Orange, State of California, and that attached Notice is a true and complete copy as was printed and published on the following dates: May 16, 1998 May 21, 1998 I declare, under penalty of perjury, that the X, is true and correct. Executed on May 21, , 199 8 at Costa Mesa, California. Signature roc Was may ce be re• at th9 o18 00 the ;lark, 3300 Newpon Ural, P.O. Box 1768, in Beach, CA 92658. until 11:00 a.m. on t day of June, 1998, Ich time such bids m opened and read CO1fNCIL CHAM. STflUOTURAL ADA ATIONS act Na.: 3161 near's Estimate: 0 wed by Don Webb, Works Director ,active bidders may one sat of bid docu. at no cost at the of- f the Public Works mant, 3300 Newport u4 P.O. Box 1766, n Beach, CA 92658- further Information, oyd Dalton, Project er at (949) 6443328. fished Newport -Costa Mesa _ Daily