HomeMy WebLinkAboutPCN3, INC. (NEWHOPE LIBRARY MODERNIZATION & DELHI LIBRARY BRANCH IMPROVEMENTS) INSURANCE ON FILE
WORK MAY PROCEED
UNTIL INSURANCE XPIRES CITY OF SANTA ANA
O l/1 3/ CONSTRUCTION CONTRACT
CITY CLM
DATE; NUY 1 9 2024 PROJECT 22-1802 &23-1385
0'•Pw \U.) kTEWHOPE LIBRARY MODERNIZATION&DELHI LIBRARY BRANCH IMPROVMENTS
eiveraclu Quali l l��K F
This CONSTRUCTION CONTRACT is made and entered into this 17th day of September, 2024 by and
between the City of Santa Ana, California, a charter city and municipal corporation organized and
existing under the Constitution and laws of the State of California (hereinafter "CITY"), and
PCN3, Inc. (hereinafter"CONTRACTOR").
WITNESSETH:
The CITY and the CONTRACTOR, for the consideration hereinafter named, mutually agree as follows:
1. CONTRACTOR agrees to perform all the work and furnish all the materials at its own cost and
expense necessary to construct and complete in a good and workmanlike manner and to the satisfaction
of the City Engineer of the CITY, the Newhope Library Modernization and Delhi Library Branch
Improvements Project (hereinafter referred to as the "WORK OF IMPROVEMENT") identified in
and in accordance with the Contract Documents prepared by the City's Public Works Agency and
approved by the City Council.
2. The complete Construction Contract consists of the"Contract Documents"as defined by the Standard
Specifications for Public Works Construction and which include the following:
• Notice Inviting Bids
• Information to Bidders
• Bid Proposal
• Bid Bond
• Contract Form
• Contract Bonds
• General Provisions
• Special Provisions
• Technical Provisions and Project Plans
• Community Workforce Agreement
• Appendices
In case of conflict between the Contract Documents, the precedence of documents shall be as
established in the Standard Specifications for Public Works Construction.
3. CITY agrees to pay and CONTRACTOR agrees to accept in full payment to complete the WORK
OF IMPROVEMENT the sum total amount not to exceed Eight Million Two Hundred Fifteen
Thousand Five Hundred Thirty Three Dollars and No Cents ($8,215,533.00), as set forth and
identified in the BID PROPOSAL,which is attached hereto and incorporated herein as Exhibit"A,"
and in accordance with Section 2-7.1 of the Greenbook: Standard Specifications for Public Works
Construction.
rev.09/01/2017 Page 1 of 4
The BID PROPOSAL contains a schedule of unit price(s) or lump sum(s) based on approximate
quantities only,and the City does not expressly or by implication agree that the actual amount of work
will correspond therewith, but reserves the right to increase or decrease the amount of any class or
portion of the work or to omit portions of the work as may be deemed necessary or advisable.
4. CONTRACTOR agrees to complete the WORK OF IMPROVEMENT within the time specified in
the Time for Completion of Improvements section of the BID PROPOSAL (Exhibit "A") including
commencing construction within the timeframe therein specified after issuance of a Notice to Proceed.
5. The CONTRACTOR will pay,and will require all subcontractors to pay, all employees on the WORK
OF IMPROVEMENT a salary or wage at least equal to the prevailing salary or wage established for
such work as set forth in the wage determinations for this work in accordance with applicable State
and Federal law.
6. If applicable, the CONTRACTOR shall adhere to the CITY'S Community Workforce Agreement
(CWA), a pre-hire collective bargaining agreement,which establishes the labor relations policies and
procedures for CONTRACTOR to follow in the crafts persons employed to complete the WORK OF
IMPROVEMENT as more fully described in the CWA. The CWA may be found on the City's website
at: http://www.santa-ana.org/pwa/documents/CWA.pdf
7. CONTRACTOR shall, after award of this Contract, furnish two bonds to be approved by the CITY,
one in the amount of One Hundred Percent (100%) of the Contract price, to guarantee the faithful
performance of the work(Performance Bond),and one in the amount of One Hundred Percent(100%)
of the Contract price to guarantee payment of all claims for labor and materials furnished (Payment
Bond). This Contract shall not become effective until such bonds are supplied to and approved by the
CITY.
8. CONTRACTOR shall, prior to the release of the performance and payment bonds or the retention
payment, furnish a warranty performance and payment bond (Warranty Bond). Said Warranty Bond
shall also be required as a condition of project acceptance. For projects up to Five Hundred Thousand
Dollars($500,000),the Warranty Bond amount shall be the greater of Ten Thousand Dollars($10,000)
or Twenty Percent (20%) of the final contract price. For projects above Five Hundred Thousand
Dollars($500,000),the Warranty Bond amount shall be the greater of One Hundred Thousand Dollars
($100,000) or Ten Percent(10%) of the final contract price.
9. CONTRACTOR shall, after award of this Contract, furnish Certificates of Liability Insurance and
Worker's Compensation Insurance as outlined in the General Provisions,to be approved by the CITY.
10. INDEMNIFICATION.
To the fullest extent allowed by law, CONTRACTOR and its Subcontractors hereby agree to defend,
indemnify, and hold harmless CITY, its City Council, boards and commissions, officers, agents,
employees, representatives and volunteers (hereinafter collectively referred to as "Indemnitees"),
through legal counsel acceptable to CITY, from and against any liability, claims, actions, costs,
damages or losses, including reasonable costs and attorney's fees, for injury, including death to any
person or damage to any property, arising directly or indirectly from,or in any manner relating to,any
of the following:
Page 2 of 4
(i) Performance or nonperformance of the Work of Improvement by CONTRACTOR or its
Subcontractors of any lower tier;
(ii) Performance or nonperformance by CONTRACTOR or its Subcontractors of any lower tier,
of any of the obligations under the Contract Documents;
(iii) The construction activities of CONTRACTOR or its Subcontractors of any lower tier, either
on the project site or on other properties;
(iv) The payment or nonpayment by CONTRACTOR of any of its Subcontractors of any lower
tier, for Work of Improvement performed on or off the project site; and
(v) Any personal injury, property damage or economic loss to third persons related to and arising
from the performance or nonperformance by CONTRACTOR or its Subcontractors of any
lower tier, of the Work of Improvement.
(vi) The indemnity obligations of Subcontractors provided by this Section shall be included in all
subcontract documents issued by CONTRACTOR.
Nothing in the Contract Documents shall be construed to give rise to any implied right of indemnity in
favor of CONTRACTOR against CITY or any other Indemnitee.
11. FEDERAL FUNDING REQUIREMENTS.
Contractor shall comply, and ensure all subcontractors comply, with all applicable regulations, policies,
guidelines and requirements of the Community Development Block Grant (CDBG) program set forth by
U.S. Department of Housing and Urban Development for sub-recipients including, without limitation, the
funding requirements laid out in Appendix P of the Contract Documents. Contractor's attention is
specifically directed to the following, which are each incorporated herein by this reference:
(i) 2 CFR Part 200 (Uniform Administrative Requirements, Cost Principles, and Audit
Requirements for Federal Awards).
(ii) Program Income—24 CFR Part 570.500(a)(1)
(iii) Unused Program Income—24 CFR Part 570.503(6)(3)
(iv) Transfers of Program Income—24 CFR Part 570.504(6)(2)
(v) Disposition of Program Income—24 CFR Part 570.504(c)
(vi) Applicability of Uniform Administrative Requirements—24 CFR § 570.502
(vii) Subpart K of the CDBG Regulations, commencing with 24 CFR § 570.600
(viii) Section 3 Requirements specified herein.
(ix) Federal Contract Provisions specified herein.
With respect to any conflict between such federal requirements and the terms of the Contract Documents
and/or the provisions of state law and except as otherwise required under federal law or regulation, the
more stringent requirement shall control. Contractor shall be subject to the Davis-Bacon Act. The federal
minimum wage rates are attached hereto as Appendix 0 of the Contract Documents. When the Davis-
Bacon wage rates and California prevailing wage rates differ for similar kinds of labor, the Contractor
shall pay not less than the higher rate.
Contractor shall additionally comply with the applicable flow down terms and conditions of the CDBG
Funding Agreement, which are attached hereto as Exhibit "B", and incorporated herein by reference.
Nothing in the Contract Documents shall be construed to give rise to any implied right of indemnity in
favor of CONTRACTOR against CITY or any other Indemnitee.
Page3of4
IN WITNESS WHEREOF, the parties hereto have executed this Construction Contract on the day and
year first above written.
ATTEST: CITY OF SANTA A
0
NNIFE HAL ALVARO NUNEZ
r,1,Y11 p,.
Ci _ - City Manager
APPROVED AS TO FORM:
SONIA R. CARVALHO CONTRACTOR:
City Attorney PCN3, Inc.
By:
JONATHAN T. TINEZ NAME: Brian Abghari
Assistant City Attorney TITLE: President
RECOMMENDED FOR APPROVAL:
I Digitally signed by Nabil
Nabil a h IJ�I Saba a h FJ a Date:2024.08.29 14:25:39
-07'00'
NABIL SABA, PE
Executive Director
Public Works Agency
Page 4 of 4
EXHIBIT A
EXHIBIT A CITY OF SANTA ANA
PROPOSAL
PROJECT NOS. 22-1802 AND 22-1382
NEWHOPE LIBRARY MODERNIZATION AND DELHI LIBRARY BRANCH
IMPROVEMENTS
BID PROPOSAL
TO: CITY COUNCIL OF THE CITY OF SANTA ANA
FROM: PCN3, INC
REQUIREMENT:
The undersigned bidder declares that they have carefully examined the location of the proposed
work, that they have examined the Contract Documents in its entirety and hereby proposes to
furnish all material and do all the work required to complete the said work in accordance with said
plans (if any) and the specifications for the unit price(s) or lump sum(s) set forth in the following
schedule:
Item Description Qty Unit Unit Price Amount
1 Newhope Library Modernization 1 LS $ $ , p p
Jar 0est p•
.... 51 70r7_ 60—r
2 Delhi Center Library Renovations l LS $ $ 0 r.
IZ "." 3 126o00
3 Owner Allowance 1 LS $50,000 $50,000
4 Construction Permits 1 LS $20,533 $20,533
TOTAL BASE BID $ 196
3 5'g d&
Item Description Qty Unit Unit Price Amount
Bid Painting Exterior of Delhi Center 1 LS $ $
Alternate 2 5 oaC 2 5 Oo0
•
The lowest responsible bidder shall be selected based on the total base bid. The City reserves the
right to award the Base Bid, and any,all, or none of the add-alternate bid items(if any).
The quantity for this bid item is shown for bid comparison only. This bid item shall not be
subject to the"25%"limit as stated in Section 7-3.5 of the Standard Specifications. The actual
P-1 of P-19
CITY OF SANTA ANA Addendum No 2
PROPOSAL Project No. 22-182 & 22-1382
PROJECT NOS. 22-1802 AND 22-1382
NEWHOPE LIBRARY MODERNIZATION AND DELI-II LIBRARY BRANCH
IMPROVEMENTS
amount for this item will be dictated by the actual quantity used, and the Agency reserves the
right to increase or decrease the quantity of this item accordingly.
r This bid item is considered a Specialty Item per Section 3-2 of the Standard Specifications.
TIME FOR COMPLETION OF IMPROVEMENTS AND LIQUIDATED DAMAGES
The undersigned bidder hereby proposes to complete the Work for the total base bid & bid
alternates amount shown above,within the working days and the milestone listed.This project will
consist of two projects (Newhope Library Modernization&Delhi Library Branch Lnprovements)
that will be running concurrently.
The contractor will have 130 working days to complete the improvements at Delhi Library Annex
and 150 working days to complete the renovations of Newhope Library. In total, the contractor
will have 280 working clays to complete all construction based on the following phasing
requirments:
1. The contractor will have a 30 working days administrative period.
2. Delhi Construction will be started first after the NTP.
3. After receiving a certificate of occupancy, the contractor will have 5 working days for
punch list corrections. At the end of the 5 working days, the City will begin moving into
the space. Punch list corrections may continue beyond City move-in, if necessary.
4. City move-in and staffing will occur for 15 working days.
5. After the City completes move-in to Delhi, the City will move out of Newhope Library(20
working clays).
6. Contractor shall relocate/establish office trailers and other temporary facilities at the
Newhope Library during the move out duration.
7. Construction on Newhope shall start as soon as move-out is completed.
Upon issuance of the Notice to Proceed, Contractor shall immediately place order for long-lead
time items.
The liquidated damages amount, in lieu of the amount specified in Subsection 6-9 of the Standard
Specifications, shall be$1,500 per calendar day for the Delhi Library and$2,500 per calendar day
for the Newhope library.
Name of Firm PCN3, INC
Signature of BIDDER rian Ab hari
Title President, Secretary, Treasurer and Manager
([fan individual, so state. If a firm or co-partnership, state the firm name and give the names of
all individual co-partners composing the firm. If a corporation, state legal name of corporation,
and names of President, Secretary, Treasurer and Manager, thereof.)
P-2 of P-19
CITY OF SANTA ANA
PROPOSAL
PROJECT NOS. 22-1802 AND 22-1382
NEWHOPE LIBRARY MODERNIZATION AND DELHI LIBRARY BRANCH
IMPROVEMENTS
BIDDER'S STATEMENT
BIDDER understands and agrees that this Bid Proposal, Contract Documents and subsequent
Construction Contract Agreement shall constitute the entire agreement between BIDDER and the
AGENCY only after it has been accepted by the City Council,endorsed by the Clerk of the Council
with her signature and official seal noting hereon the action of approval of the Council,signed by
the Public Works Agency Executive Director or his/her duly authorized agent, and signed by the
City Attorney, denoting his approval of the form of this document,and its execution,and when it
or an exact copy of it has been either delivered to BIDDER or deposited with the United States
Postal Service properly addressed to the BIDDER with the correct postage affixed thereto.
BIDDER further agrees that upon delivery (as defined above) of the accepted agreement he/she
will furnish AGENCY all required bonds and certificate of liability insurance within ten (10)
business days or the funds, check, draft, or BIDDERS bond substituted in lieu thereof
accompanying this proposal shall become the property of the AGENCY and shall be considered
as payment of damages due to the delay and other causes suffered by AGENCY because of the
failure to furnish the necessary bonds and because it is distinctly agreed that the proof of damages
actually suffered is difficult to ascertain; otherwise said funds, check, drafts, or BIDDER'S bond
substituted in lieu thereof shall be returned to the undersigned.
BIDDER understands that a bid is required for the entire work, the estimated quantities set forth
in the bid schedule are solely for the purpose of comparing bids,and that final compensation under
the contract will be based upon the actual quantities of work satisfactorily completed. The
BIDDER also certifies that the bid is a balanced bid.
In accordance with Section 7028.15 of the California Business and Professions Code, the
undersigned certifies under penalty of perjury that the foregoing is true and correct.
Name of Firm PCN3 INC
Signature of BIDDER — Brian Abghari
Title Brian Abghari - President, Secretary, Treasurer and Manager
(If an individual, so state. If a firm or co-partnership, state the firm name and give the names of
all individual co-partners composing the firm. If a corporation, state legal name of corporation,
and names of President,Secretary,Treasurer and Manager,thereof.)
P-3 of P-19
EXHIBIT B
Funding Approval/Agreement
U.S.Department of Housing and Urban Development EXHIBIT B
Title I of the Housing and Community Office of Community Planning and Development
•
Community Development Block Grant Program OMB Approval No.2506-0193
Development Act(Public Law 930383) exp 1/31/2025
HI-00515R of 20515R
1.Name of Grantee(as shown in item 5 of Standard Form 424) 3a.Grantee's 9-digit Tax ID Number 3b.Grantee's 9-digit DUNS Number
Santa Ana 956000785 KZE9G2M4GRX9(UEI)
2.Grantee's Complete Address(as shown in item 5 of Standard Form 424) 4.Date use of funds may begin
20 Civic Center Plaza 07/01/2022
Santa Ana,CA 92701-0000 5a.Project/Grant No.1 6a.Amount Approved
B-22-MC-06-0508 $5,088,771
5b.Project/Grant No.2 6b.Amount Approved
Grant Agreement: This Grant Agreement between the Department of Housing and Urban Development(HUD)and the above named Grantee is made pursuant to the
authority of Title I of the Housing and Community Development Act of 1974,as amended,(42 USC 5301 et seq.).The Grantee's submissions for Title I assistance,the
HUD regulations at 24 CFR Part 570(as now in effect and as may be amended from time to time),and this Funding Approval,including any special conditions,constitute
part of the Agreement. Subject to the provisions of this Grant Agreement,FIUD will make the funding assistance specified here available to the Grantee upon execution
of the Agreement by the parties. The funding assistance specified in the Funding Approval may be used to pay costs incurred after the date specified in item 4 above
provided the activities to which such costs are related are carried out in compliance with all applicable requirements. Pre-agreement costs may not be paid with funding
assistance specified here unless they arc authorized in HUD regulations or approved by waiver and listed in the special conditions to the Funding Approval. The Grantee
agrees to assume all of the responsibilities for environmental review, decision making,and actions,as specified and required in regulations issued by the Secretary
pursuant to Section 104(g)of Title I and published in 24 CFR Part 58. The Grantee further acknowledges its responsibility for adherence to the Agreement by sub-
recipient entities to which it makes funding assistance hereunder available.
U.S.Department of Housing and Urban Development(By Name) Grantee Name(Contractual Organization)
Rufus Washington Santa Ana(City of)
Title Tile
CPD Director City Manager
Signature Date(mm/ddlyyyy) Signature Date(mm/ddlyyyy)
10/21/2022
X x
7.Category of Title I Assistance forthis Funding Action: 8.Special Conditions 9a.Date HUD Received Submission 10.check one
(check one) (mnJddlyyyy) El a.Odg.Funding
Entitlement,Sec 106(b) ['None 9b.Date Grantee Notified Approval
El Attached (mmldd/yyyy) ❑b.Amendment
9c.Date of Start of Program Year Amendment Number
7/1/2022
11.Amount of Community Development
Block Grant FY 2022
a.Funds Reserved for this Grantee
b.Funds now being Approved $5,088,771
c.Reservation to be Cancelled
(11a minus 11b)
12a.Amount of Loan Guarantee Commitment now being Approved 12b.Name and complete Address of Public Agency
N/A
Loan Guarantee Acceptance Provisions for Designated Agencies:
The public agency hereby accepts the Grant Agreement executed by the
Department of Housing and Urban Development on the above date with
respect to the above grant number(s)as Grantee designated to receive loan 12c.Name of Authorized Official for Designated Public Agency
guarantee assistance,and agrees to comply with the terms and conditions
of the Agreement,applicable regulations,and other requirements of HUD Title
now or hereafter in effect,pertaining to the assistance provided it.
Signature
X
HUD Accounting use Only
Effective Date
Batch TAC Program Y A Reg Area Document No. Project Number Category Amount (mmldd/yyyy) F
153 DUD U
1 7 6 Project Number Amount
V P c ber Amount
Dale Entered PAS(mmlddlyyyy) Date Entered LOCCS(mm/dd/yyyy) Batch Number Transaction Code Entered By Verified By
24 CFR 570 form HUD-7082(5/15)
8. Special Conditions.
(a) The period of performance and single budget period for the funding assistance
specified in the Funding Approval ("Funding Assistance") shall each begin on the
date specified in item 4 and shall each end on September 1, 2029. The Grantee
shall not incur any obligations to be paid with such assistance after September 1,
2029.
(b) The Recipient shall attach a schedule of its indirect cost rate(s) in the format set
forth below to the executed Agreement that is returned to HUD. The Recipient
shall provide HUD with a revised schedule when any change is made to the rate(s)
described in the schedule. The schedule and any revisions HUD receives from the
Recipient shall be incorporated herein and made a part of this Agreement, provided
that the rate(s)described comply with 2 CFR part 200, subpart E.
Administering Direct
Department/Agency Indirect cost rate Cost Base
CDA 14.92
Instructions: The Recipient must identify each agency or department of the
Recipient that will carry out activities under the grant, the indirect cost rate
applicable to each department/agency (including if the de minimis rate is used per
2 CFR §200.414(f)), and the type of direct cost base to which the rate will be
applied (for example, Modified Total Direct Costs (MTDC)). Do not include
indirect cost rates for subrecipients.
(c) In addition to the conditions contained on form HUD 7082, the grantee shall
comply with requirements established by the Office of Management and Budget
(OMB) concerning the Dun and Bradstreet Data Universal Numbering System
(DUNS); the System for Award Management (SAM.gov.); the Federal Funding
Accountability and Transparency Act as provided in 2 CFR part 25, Universal
Identifier and General Contractor Registration; and 2 CFR part 170, Reporting
Subaward and Executive Compensation Information.
(d) The grantee shall ensure that no CDBG funds are used to support any Federal,
State, or local projects that seek to use the power of eminent domain, unless
eminent domain is employed only for a public use. For the purposes of this
requirement, public use shall not be construed to include economic development
that primarily benefits private entities. Any use of funds for mass transit,
railroad, airport, seaport or highway projects as well as utility projects which
benefit or serve the general public (including energy-related, communication-
related, water- related and wastewater-related infrastructure), other structures
designated for use by the general public or which have other common-carrier or
public-utility functions that serve the general public and are subject to regulation
and oversight by the government, and projects for the removal of an immediate
threat to public health and safety or brownfield as defined in the Small Business
Liability Relief and Brownfields Revitalization Act (Public Law 107-118) shall
be considered a public use for purposes of eminent domain.
(e) The Grantee or unit of general local government that directly or indirectly
receives CDBG funds may not sell, trade, or otherwise transfer all or any such
portion of such funds to another such entity in exchange for any other funds,
credits or non-Federal considerations, but must use such funds for activities
eligible under title I of the Act.
(f) E.O. 12372-Special Contract Condition -Notwithstanding any other provision of
this agreement, no funds provided under this agreement may be obligated or
expended for the planning or construction of water or sewer facilities until receipt
of written notification from HUD of the release of funds on completion of the
review procedures required under Executive Order (E.O.) 12372,
Intergovernmental Review of Federal Programs, and HUD's implementing
regulations at 24 CFR Part 52. The recipient shall also complete the review
procedures required under E.O. 12372 and 24 CFR Part 52 and receive written
notification from HUD of the release of funds before obligating or expending any
funds provided under this agreement for any new or revised activity for the
planning or construction of water or sewer facilities not previously reviewed
under E.O. 12372 and implementing regulations.
(g) CDBG funds may not be provided to a for-profit entity pursuant to section
105(a)(17) of the Act unless such activity or project has been evaluated and
selected in accordance with Appendix A to 24 CFR 570 - "Guidelines and
Objectives for Evaluating Project Costs and Financial Requirements." (Source -
P.L. 113-235, Consolidated and Further Continuing Appropriations Act, 2015,
Division K, Title II, Community Development Fund).
INSURANCE NOT REQUIRED
WORK MAY PROCEED A-2022-092-26
CLERK OF COUNCIL
DATE:
MEMORANDUM OF UNDERSTANDING
BETWEEN THE CITY OF SANTA ANA AND
CDC) CO) PUBLIC WORKS AGENCY
Da,i 0 oe ) FOR USE OF COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS
This Memorandum of Understanding is hereby made and entered into this 1 day of July, 2022, by
and between the City of Santa Ma, a charter city and municipal corporation organized and existing under
c.8 the-Constitution and laws of the State of California ("CITY"), and Public Works Agency of the City,
("SUBRECIPIENT").
cra
RECITALS:
A. The CITY, as an entitlement recipient and grantee of the United States Department of Housing and
Urban Development ("HUD") Community Development Block Grant ("CDBG") Entitlement Program,
Catalog of Federal Domestic Assistance(CFDA)Number 14.218,and Federal Award Identification Number
(FAIN) B-22MC-06-0508,desires to enter this Agreement with the SUBRECIPIENT for the expenditure of
CDBG funds in accordance with Title 24, Part 570 of Code of Federal Regulations 24 CFR 570.000, et seq.
("CDBG REGS").
B. CITY has applied for and received CDBG funds from HUD pursuant to Title I of the Housing and
Community Development Act of 1974,Public Law 93-383,as amended("ACT").
C. The SUBRECIPIENT has been selected by the CITY to receive CDBG funds and administer such
financial assistance; and to provide the services described in Exhibit A, in accordance with the schedule of
performance included therein, hereinafter referred to as "said program". SUBRECIPIENT represents that it
is qualified and willing to operate said program and certifies that the activities carried out with funds provided
under this Agreement will meet one or more of the CDBG program's National Objectives (24 CFR Part
570.208).
D. SUBRECIPIENT agrees that it will adhere to the performance measurements and outcomes as
indicated on Exhibit A (Schedule of Performance). Failure to follow the measurements and meet the
stated outcomes may constitute breach of contract that could result in termination of this Agreement or
serve as reason for the City to recapture the grant funds awarded to SUBRECIPIENT pursuant to this
Agreement.
WHEREFORE, it is agreed by and between the parties that the foregoing Recitals are a substantive
part of this Agreement and the following terms and conditions are approved and together with all exhibits and
attachments hereto,shall constitute the entire Agreement between the CITY and SUBRECIPIENT:
I. SUBRECIPIENT'S OBLIGATIONS
A. Representations and Warranties.
(a) Authority. SUBRECIPIENT is in good standing and authorized to do business under the
laws of the State of California. SUBRECIPIENT has full right, power and lawful authority to accept the
funding hereunder and to undertake all obligations as provided herein and the execution,performance and
delivery of this Agreement by SUBRECIPIENT has been fully authorized by all requisite actions on the
part of SUBRECIPIENT.
(b) Experience. SUBRECIPIENT is a qualified provider of the services to be provided
hereunder.
1
(c) Familiarity With' Services Required. By executing this Agreement, SUBRECIPIENT
warrants that(i) it has thoroughly investigated and considered the services to be performed and provided.
• hereunder, (ii) it has carefully considered how the services should be performed; and (Hi) it fully
understands the facilities, difficulties and 'restrictions attending performance of the services under this
Agreement.
•
(d) No Conflict. •To the best of SUBRECIPIENT'S knowledge, SUBRECIPIENT'S execution,
• . delivery and performance of its obligations under this Agreement will not constitute a default or.a breach
under any contract, agreement or order to which SUBRECIPIENT is a party or by which it is bound. •
• (e) No Bankruptcy. SUBRECIPIENT is not the subject of any current-or threatened bankruptcy
proceeding.
• (f) No Pending Legal Proceedings, SUBRECIPIENT is not the subject of a current or
threatened litigation that would or may materially affect SUBRECIPIENT'S performance under this
Agreement. .
(g) Application Veracity. All provisions of and information provided in,SUBRECIPIENT'S
application for funding submitted to CITY including any exhibits are true and correct in all material
respects, •
(h) No Pending Investigation. SUBRECIPIENT is not aware that it is the subject of any current
or threatened criminal or civil action investigation by any public agency, including without limitation a
police agency or prosecuting authority, that would relate to affect performance of the Agreement or
provision of services hereunder. .
B. Amount of Grant/Term and Quarterly Disbursement. The amount granted to
SUBRECIPIENT is $506,250 ("CDBG FUNDS"), for the term of July 1, 2022 through June 30,2024 for
Traffic Engineering in Residential Neighborhood. Such funds shall he expended by SUBRECIPIENT
on or before June 30, 2024. The Term of this Agreement may be extended by a writing executed by the
City Manager, or his or her designee, and the City Attorney. The CDBG FUNDS shall be disbursed by
CITY to SUBRECIPIENT on a.quarterly basis subject to and upon receipt and approval of a complete
quarterly activity report from SUBRECIPIENT, with the final payment subject to the satisfaction of the
condition precedent of submittal of complete reporting information due on or before July 15 of the
applicable funding year, as hereinafter more fully set forth. SUBRECIPIENT shall be obligated to
perform such duties as would normally extend beyond the term, including,but not limited to, obligations
with respect to indemnification, audits, reporting, data retention/reporting, and accounting. Failure to-
provide any of the required documentation and reporting will cause CITY to withhold all or a portion of a
request for reimbursement, or return the entire reimbursement package to SUBRECIPIENT, until such •
documentation and reporting has been received and approved by CITY,
•
. The CITY reserves the right to reduce the grant application if the CITY's fiscal monitoring indicates .
. . • that SUBRECIPIENT's rate of expenditure will result in unspent finds at the end of the program year.
Amendments.in the grant allocation will be made after consultation with SUBRECIPIENT.
C, Use of.Funds. BREQIPIENT agrees to use all, federal funds _provided by CITY to
SUBRECIPIENT pursuant to thi ,SUs.Agreement to operate said program, as set forth in "Exhibit A," attached .
' • hereto and by this reference incorporated herein. SUBRECIPIENT'S failure to perform as recjuired may, in
addition to other remedies set forth in this Agreement, result in readjustment of the amount of finds CITY is
otherwise obligated to pay to SUBRECIPIENT hereunder.
2
D. Allowable Costs. SUBRECIPIENT agrees to complete said program on or before June 30, •.
2024, and to use said funds'to pay for necessary and reasonable'costs allowable under the federal law and
• regulations to operate said program. Said amounts shall include,but not be limited to,wages, administrative
costs, and employee benefits comparable to other similarly situated employees, and indirect costs. Other
allowable program costs are detailed in the budget, as set forth in "Exhibit B," attached hereto and by this
• reference incorporated.herein. SUBRECIPIENT shall use all income received from said funds only for the
same purposes for which said funds may•be 'expended pursuant to the terms and conditions of this
- •Agreement. SUBRECIPIENT has the ability to adjust line,item amounts hi the budget with.the written
• approval of the CITY's Executive Director of the Community Development Agency, or designee,-so long-as '.
the total budget amount does not increase.
• • Pursuant to 2 CFR§200.331(a)(4), the Indirect Cost Rate for the SUBRECIPIENT's award shall
be an approved federally recognized indirect cost rate negotiated between the SUBRECIPIENT and the
• Federal government, or, if no such rate exists, the de mitihnis indirect•cost•rate as defined in 2. CFR ..
§200.414(b)Indirect(F&A)costs, .
•
• For this agreement, the de minimis indirect cost rate of 10%will apply,
•
E. Licensing. SUBRECIPIENT agrees to obtain and maintain all required licenses,
registrations, accreditation and inspections from all agencies governing its operations, SUBRECIPENT .
shall ensure that its staff shall also obtain and maintain all required licenses, registrations; accreditation and
inspections from all agencies '•governing SUBRECIPIENT's operations hereunder. Such '.licensing
requirements include obtaining a City business license,as applicable. •
•
F. Zoning. SUBRECIPIENT agrees that any facility/property used in furtherance of said
• program shall be specifically zoned and permitted for such use(s)and activity(ies). Should SUBRECIPIENT
• fail to have the required land entitlement and/or permits, thus violating any local, state or federal rules and •
regulations relating thereto, SUBRECIPIENT shall immediately make good-faith efforts to gain compliance
with local, state or federal rules and regulations following written notification of said violation(s) froth the
CITY or other authorized citing agency. SUBRECIPIENT shall notify CITY immediately of any pending
• violations. Failure to notify CITY of pending violations,or to remedy such known violation(s)shall result in
termination of grant funding hereunder. SUBRECIPIENT must make all corrections required to bring.the
facility/property into compliance with the law within sixty(60)days of notification'of the violation(s); failure
• to gain compliance within such time shall result in termination of grant funding hereunder.
G. Separation of Accounts.All funds received by SUBRECIPIENT from CITY pursuant to this
•• Agreement shall be maintained in an account in a federally insured banking or savings and loan.institution
with record keeping of such accounts maintained pursuant to applicable 2 CFR.200.302 requirements.. •
SUBRECIPIENT is not required to maintain separate depository accounts for CDBG FUNDS;provided •
however, the SUBRECIPIENT must be able to account for receipt, obligation and expenditure of CDBG
FUNDS pursuant to applicable 2 CFR 200,302 requirements.
II, Audit Report Requirements. SUBRECIPIENT'agrees•that if SUBRECIPIENT-expends
• Seven Hundred Fifty Thousand Dollars($750,000)or more in federal funds, SUBRECIPIENT shall have an •
annual audit conducted by a certified public accountant in accordance with the standards as set forth and
• published by the United States Office of Management and Budget. SUBRECIPIENT shall provide CITY
with a copy of said audit by:April 1 of the year following,the prograni'year-in*inch this"Agreement is
• executed.
L Record Keeping/Reporting, SUBRECIPIENT shall keep and maintain complete and
adequate records and reports on program participants to determine their initial and continuing eligibility for
3
•
the program services being provided to assist CITY in meeting and maintaining its record keeping
responsibilities under the CDBG'REGS,including the following:
•
(1) Records
a. Documentation evidencing program income requirements in.conformity with 24 CFR
570.504(b((2)(i), (ii) and 24 CFR 570.503(b)(3) and 24 CFR 570.208(a)(2)(B) of the income level
• of persons and/or families'participating in or benefiting by the SUBRECIPIENT program.
b. Documentation of the number of persons and/or families participating in or benefiting
by the SUBRECIPIENT program,
c. Household information shall include number of persons, identification of head of
household,race/ethnicity,and income verification of all household members ages 18 and over,
d. Documentation of all CDBG FUNDS received from CITY.
•
e. Documentation of expenses as identified in the Budget Proposal, including evidence of
incurring the expense, invoices for goods or services, copies of any and all contracts or
• documentation pertaining to costs for subcontractors,plus all other invoices and proof of payment for
which CDBG FUNDS were expended, and any payments therefor.
f, Any such other related records as CITY shall reasonably require or as required to be
maintained pursuant to the CDBG REGS, .
•
•
(2) Reports
a. Payment Request. Concurrently with the submittal of each quarterly report,on or before . .
the 15th day of October; January, April and July, SUBRECIPIENT shall submit both: an original
invoice/request for reimbursement and true copies of invoices, receipts, canceled checks, bank
statements, credit card, statements, procurement documentation for goods or services, timesheets,
payroll records, benefit statements, agreements,, contracts or documentation pertaining to costs for
subcontractors, and/or other documentation supporting and evidencing.how the CDBG FUNDS
have been expended during the applicable quarter.
b. Quarterly Progress Report. SUBRECIPIENT agrees to keep records of all ethnic and
. racial statistics of persons and families benefited by SUBRECIPIENT in the performance of its
obligations under this Agreement, including, but not limited to, the number of low and moderate
income persons and households assisted in accordance with federal income limits,the number of
female heads of households assisted, new program information .and year•-to-date program
statistics on expenditures, caseload and activities. Failure to provide any .of the required
documentation and reporting..will cause CITY to withhold all or a portion of a request for
reimbursement, or 'return the entire'reimbursement package to SUBRECIPIENT, until such
• documentation and reporting has been received and approved by,CITY.
•
J. Access to Records. CITY and the United States Government and their representatives or
auditors shall have access. for..purposes of monitoring, auditing, and examining SUBRECIPIENT's
activities and performance, to books, documents and papers, and the right to examine records of
SUBRECIPIENT's subcontractors, bookkeepers and accountants, employees and participants in regard to
said program. CITY and the United States Government and their representatives or auditors shall also
schedule on-site monitoring at their discretion. Monitoring activities may also include,but are not limited
4
•
• to, questioning employees and participants in said program and entering any premises or any site in which
any of the. services or activities funded hereunder is conducted or in which any of the records of
SUBRECIPIENT are kept. Nothing herein shall be construed to require access to any privileged or
confidential information as set forth in federal or state law,
K. Location of Records/Required.Length of.Record Keeping. All accounting records,reports,
• and evidence pertaining to all costs, expenses and the CDBG FUNDS of SUBRECIPIENT and all
• documents•related to this Agreement shall be maintained and kept available at SUBRECIPIENT'S office '
or place of business for.the duration of the Agreement and thereafter for five (5) years from the date of
final payment under this Agreement. Records which relate to (a) complaints, claims, administrative •
• • 'proceedings or litigation arising out of the performance of this Agreement, or (b) costs and expenses of •
this Agreement to which CITY or any other governmental agency takes exception, shall be retained •
beyond the five (5) years until complete resolution or disposition of such appeals, litigation claims, or
exceptions. In the.event SUBRECIPIENT does not make the above-referenced documents available within
the city of Santa Ana, California, SUBRECIPIENT agrees to pay all necessary and reasonable expenses
incurred by CITY in conducting any audit at the location where said records and books of account are ••
maintained.
L. Compliance with: Law/Program Income, SUBRECIPIENT acknowledges that the funds
being provided by CITY for said program are received by CITY pursuant to the ACT as amended and that •
expenditures of these funds shall be in accordance with the ACT and all pertinent regulations issued by
agencies of the federal government;including,but not limited to, all regulations found at Title 24 of the Code
of Federal Regulations; Program income received by SUBRECPEIENT shall be returned to CITY unless
otherwise provided for in this Agreement.SUBRECIPIENT agrees to comply fully with all federal, state and
• local laws and court orders applicable to its operation whether or not referred to in this Agreement..
M. Debarment. To protect the public interest and ensure the integrity of Federal programs,
CITY may only conduct business with responsible persons and may not make any award or permit any
award to any party which is debarred or suspended or is otherwise excluded from or ineligible for
participation in Federal assistance programs under Executive Order 12549,"Debarment and Suspension".
See also 24 CFR 570.609. SUBRECIPIENT must review and sign Exhibit C "Debarment", which is
attached hereto and incorporated herein by this reference. SUBRECIPIENT shall be ingood standing,
without suspension by the California Secretary of State,Franchise Tax Board and Internal Revenue Service, '
Any change in the corporate status or suspension of SUBRECIPIENT shall be reported immediately to
CITY: .
N,• Confidentiality. .Without prejudice to any other provisions of' this Agreement,
SUBRECIPIENT shall, where applicable, maintain the confidential nature of information provided to it
concerning participants in 'accordance with the requirements of federal and state law. However,
SUBRECIPIENT shall submit to CITY and or HUD or its representatives, all records requested, including
audit, examinations, monitoring and verifications of reports submitted by SUBRECIPIENT, costs incurred
and services rendered hereunder. ..
•
O. Independent Contractor. SUBRECIPIENT agrees that the performance of obligations
hereunder is rendered in its capacity as an independent contractor and that it is in no way an agency of CITY.
•... - . P. Violation of Terms and Conditions, SUBRECIPIENT agrees that if SUBRECIPIENT.
violates any of the terms and conditions of this Agreement or any prior Agreement whereby CMG'funds
were received by SUBRECIPIENT, or if SUBRECIPIENT reports inaccurately, or if on audit there is a
disallowance of certain expenditures, SUBRECIPIENT agrees to remedy the acts or omissions causing the
disallowance and repay CITY all amounts spent in violation thereof. If SUBRECIPIENT engaged in
5
•
fraudulent activity to obtain and/or justify expenditure of the CDBG fiords granted hereunder,
. • SUBRECIPIENT shall be required to reimburse the CITY of all such funds that were obtained and/or spent
under fraudulent circumstances.
Q. Equipment. SUBRECIPIENT agrees to maintain a record for each item of non-expendable
personal property acquired under the terms of this Agreement. Said record shall.be made available to CITY . .
• upon request. The term"non-expendable personal property"shall include leased and purchased equipment.
• R. Prohibited Use, SUBRECIPIENT hereby certifies And agrees that it will not use funds
provided through this Agreement to pay for entertainment,meals or'gifts,or other prohibited uses, •
••
S. Lobbyinn. SUBRECIPIENT certifies that it will comply with federal law'(31 U.S.C. 1352) • •
and regulations found at 24 CFR Part 87, which provide that no appropriated fiords may be expended by the .
• recipient of a federal contract, grant, loan or cooperative agreement to pay any person for influencing or
attempting to influence an officer or employee of any agency,. Member of Congress, or an officer or
employee of a Member of Congress in connection with awarding of any federal contract, the making of any •
federal grant or loan, entering into any cooperative agreement and the extension, renewal, amendment or
modification of any federal contract, grant, loan or cooperative agreement. SUBRECIPIENT shall sign a
certification to that effect in a form as set forth in"Exhibit D;' attached hereto and by this reference
incorporated herein. SUBRECIPIENT shall submit said signed certification to CITY prior to performing any •
of its obligations under this Agreement and prior to any obligation arising an the part of CITY to pay any
sums to SUBRECIPIENT under the terms and conditions of this Agreement.
• . 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, an officer or employee of Congress,or an employee of a Member of Congress in connection with
. • this Federal contract, grans, loan, or cooperative agreement, the undersigned shall complete and submit a •
"Disclosure Form to Report Lobbying,"in accordance with its instructions(Exhibit D).
• SUBRECIPIENT shall require that the language of this certification be included in the
award documents for all sub-awards at all tiers (including subcontractors, sub-grants, and contracts under
grants, loans, and cooperative agreements), and agrees to take all actions necessary to ensure that all
subrecipients shall similarly certify and disclose accordingly.
•
T. Financial Interest. SUBRECIPIENT agrees that except for the use of CDBG funds to pay
salaries and other related administrative or personnel costs, no persons who exercise or have exercised
• •any function with respect to CDBG activities assisted under the terms of this Agreement, or who are in a
• position to participate 'in a decision-making process or gain inside information.with regard to such .
. activities, may obtain a financial interest or benefit from a CDBG-assisted activity of SUBRECIPIENT,
• either for themselves or those with whom they have family or business ties, during their tenure or for one
• year thereafter. This prohibition applies to any person who is an employee, agent, consultant, officer, or
elected or appointed official of CITY,or of any designated public agency,or the.SUBRECIPIENP.
-Labor Standards. The SUBRECNIENT agrees to comply with the requirements of the .
Secretary of Labor in accordance with the Davis-Bacon Act as amended,the provisions of Contract Work
Hours and Safety Standards Act.(46 U.S.C. 327 et seq.) and all.other applicable Federal, state and local'
laws and regulations pertaining to labor Standards insofar as those-acts apply to-die-performance of this' `'•
Agreement. The SUBRECIPIENT agrees to'comply with the Copeland Aini-Kick Back Act (18 U.S.C.
• 874 et seq.) and its implementing regulations of the U.S. Department.of Labor at 29 CFR Part.5, The
SUBRECIPIENT shall maintain documentation that demonstrates compliance with hour and wage
6
• requirements of this part. Such documentation shall be made available to the CITY for review upon
request.
SUBRECIPIENT agrees that, except with respect to the rehabilitation or construction of
residential property containing less than eight (8)units, all contractors engaged under contracts in excess
• of $2,000.00 for construction, renovation or repair work financed in whole or in part with assistance
provided under this contract;-shall comply with Federal requirements adopted by the CITY pertaining to •
such contracts and with the applicable requirements of the regulations of the Department of Labor, under •
29 CFR Parts 1, 3, 5 and 7.governing the payment of wages and ratio of apprentices and trainees to • •
journey workers;provided that, if wage rates higher than those required under the regulations are imposed •
by state or local law, nothing hereunder is intended to relieve the SUBRECIPIENT of its obligation, if
• any, to require payment of the higher wage. The SUBRECIPIENT shall cause or require to be inserted in •
full, in all such contracts subject to such'regulations, provisions meeting the requirements of this
paragraph.
V. Section 3 of the Housing and Urban Development Act.of 1968. SUBRECIPIENT will make
every effort to provide training opportunities for low-and moderate-income persons residing within the
community where the construction project is located and contracts-awarded to local businesses therein to the
• greatest extent feasible as required under the provisions of Section 3 of the Housing and Urban Development
' Act of 1968, the regulations.set forth in 24 CFR 135, and all applicable rules and orders issued hereunder
prior to the execution of this•Agreement.Compliance with the foregoing requirements shall be a condition of
the federal financial assistance provided under this Agreement and binding on the SUBRECIPIENT. Failure
to .fiilfill these requirements shall subject the SUBRECIPIENT, its successors and designees, to those
sanctions specified by the Agreement through which federal assistance is provided. The SUBRECIPIENT
certifies and agrees that no contractual or other disability exists which would prevent compliance with these
• requirements. SUBRECIPIENT shall make every effort to ensure that all projects funded wholly or in part
by CDBG funds shalt provide equal employment opportunities for minorities and women,
W. Drug Free Workplace, SUBRECIPIENT agrees to provide a drug-free work place and to
execute a certification as set forth in"Exhibit E"attached hereto and incorporated herein by this reference,
X,. Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal
Awards, The following requirements and' standards must be complied with: 2 CFR Part 200 et al.
SUBRECIPIENT shall procure all materials, property, or services in accordance with the requirements of
2 CFR 200.318-326,
• Y. Subpart K of 24 CFR 570. SUBRECIPIENT will carry out its activities-in compliance with the -
requirements of Subpart K of 24 CFR 570,• however SUBRECIPIENT does not assume the CITY's
environmental responsibilities or the responsibility for initiating•the environmental review process under 24 .
CFR'Part 52.
•
Z. Women- and •Minority-Owned Businesses (W/MBE) SUBRECIPIENT will use its best
efforts to afford small businesses, minority business enterprises, and women's business enterprises the
maximum practicable opportunity to participate in the performance of this Agreement in accordance with
the requirements of 2.CM 200.321 "Contracting with small and minority businesses, women's business
enterprises, and labor surplus area.firms", As used in this Agreement,the term"small business:"•means a.
• - business that meets the criteria set forth in section 3(a) of the Small Business-Act, as amended(15 U.S.C; . -
• 632);and "minority and women's business enterprise"means a business at least fifty-one percent (51%)
owned and controlled by minority'group members or women. For the purpose of this definition,
"minority group members" are African-Americans, Spanish-speaking, Spanish surnamed. or Spanish-
heritage Americans, Asian-Americans, and American Indians. SUBRECIPIENT may rely on written
7
representations by businesses regarding their status as minority and female business enterprises in lieu of . .
an independent investigation. -
II. • CITY'S OBLIGATIONS
• A. Payment of Funds. On July 1, 2022, the CITY was allocated $5,088,771 for fiscal year 2022-
2023 from the United States Department of Housing and Urban Development ("HUD") Community
' - Development Block Grant("CDBG") Entitlement Program. CITY agrees to pay to SUBRECIPIENT when, •
if'and to the extent federal funds:are received a sum not to exceed FIVE HUNDRED SIX THOUSAND.
:TWO HUNDRED FllfIY Dollars ($506,250)for S'UBRECIPIENT'S performance in accordance with the
• ' Budget attached hereto as "Exhibit B" during the period Of this Agreement. Payments shall.be' made to
SUBRECIPIENT through the submission of invoices/reimbursement requests. •
•
CITY shalt pay such invoices/reimbursement requests within thirty(30) days after receipt thereof
provided CITY is satisfied'that such expenses have beemincurred and documented within the scope and
provisions of this Agreement and that SUBRECIPIENT is in compliance with the terms and conditions of
this Agreement,-Failure to provide any Of the required documentation and reporting will cause CITY to
withhold all or a portion of a request for reimbursement, or return the entire reimbursement package to •
SUBRECIPIENT, until such'documentation'and reporting has been received and approved by CITY.
Documentation may include, but is not limited to true copies of invoices, receipts, canceled checks,bank .
statements, credit card statements, procurement documentation for goods or services, timesheets, payroll
records,benefit statements, agreements, contracts'or documentation pertaining to costs for subcontractors;
and/or other documentation supporting and evidencing how the CDBG FUNDS have been expended
during the applicable quarter.
•
•
B. Audit of Account, CITY shall include an audit of the account maintained by •
SUBRECIPIENT in CITY's annual audit of all CDBGFUNDS in accordance with Title 24 of the Code of •
Federal Regulations and other applicable federal laws and regulations.
C. Common Rule: Pursuant to 2 CFR 200.328(a), the CITY manages the day-to-day operations of
each grant and subgrant supported activities. CITY staff has detailed knowledge of the grant program
requirements and monitors grant and subgrant supported activities to assure compliance with Federal
• requirements. Such monitoring covers each program, function and activity and performance goals are
reviewed periodically, .
•
. D. Environmental Review: In accordance with 24 CFR 58, the CITY is responsible for •
undertaking environmental review and maintaining environmental'review records for each applicable
project.
• E. Performance Monitoring: CITY shall monitor the performance.of'SUBRECIPIENT against
• goals and performance standards required herein, The SUBRECIPIENT shall be responsible to •
'accomplish the levels of performance as set forth in Exhibit A and report such measures'quarterly to the .' ' . . • •
CITY. If the SUBRECIPIENT estimates sueh••goals will not be met, the.SUBRECIPt NT is•to contact '
the CITY, at which time the CITY.will determine if any adjustments to the grant award is appropriate.
• Substandard performance as determined by- the CITY will constitute non-compliance with this •
Agreement. Should the CITY determine.that the SUBRECIPIENT has not performed its-obligations'as- '
• 'stated.in this contract in a satisfactory-manner;-or if the CITY determines that insufficient.supporting '
information has been submitted, the. CITY shall notify the SUBRECIPIENT in writing of 'its
determination specifying in full detail the objections which it has to the SUBRECIPIENT's performance.
If'action to correct such substandard performance is not taken by the SUBRECIPIENT after being.
•
notified by the CITY, within a reasonable period of time as stipulated in the written notification, contract
suspension or termination procedures will be initiated.
•
III. NONDISCRIMINATION . .
• A. SUBRECIPIENT agrees to comply with Executive Order 11246 which requires that during the
• • performance of this Agreement, SUBRECIPIENT agrees not to•discriminate against any•employee or
. 'applicant for employment because of race, religion, sex;color or national origin. Such action shall include,
.• but not be limited to the following: employment,upgrading, demotion,or transfer,rates•of pay or other forms
• of compensation, and selection for training, including apprenticeship. SUBRECIPIENT agrees to post in •
• conspicuous places; available to employees and applicants for employment, notices to:be:provided by the
• SUBRECIPIENT setting forth the provisions of this nondiscrimination clause. • . • .. .
B. SUBRECIPIENT agrees to comply with Title VI of the Civil Rights Act of 1964 which indicates
• that•no person shall, on the ground of race, color or national origin, be excluded'from participation in, be
'denied.the benefits of, or be subject to discrimination under any program of activity receiving federal
financial assistance.
•
C. No person shall, on the grounds of race,sex,creed, color,religion,marital status;national origin,
age, sexual orientation; or physical or mental handicap be excluded from participation in, be refused the
benefits of,or otherwise be subject to discrimination in any activities,programs or employment supported by
this Agreement. SUBRECIPIENT is prohibited from discrimination on the basis of age or with respect to an
otherwise qualified handicapped person as provided for under Section 109 of the Housing and Community
Development Act of 1974,as amended, .
D. SUBRECIPIENT agrees to comply with the Age Discrimination Act of 1975 which requires that
. during the performance of this Agreement, SUBRECE'IENT agrees not to discriminate against any employee
or applicant for employment because of age. Such action shall include, but not be limited to the following:
employment upgrading, demotion, or transfer, rates of pay or other forms.of compensation, and selection for
training, including apprenticeship. SUBRECIPIENT agrees to post in conspicuous places, available to
employees and applicants for employment, notices to be provided by the SUBRECIPIENT setting forth the •
provisions of this age discrimination clause.
• E. SUBRECIPIENT agrees to comply with Section 504 of the Rehabilitation Act of 1973 which
requires that no otherwise qualified individual with a disability in the United States, shall, solely by reason of
• his or her disability, be excluded from the participation in, he denied the benefits of, or be subjected to
discrimination under any program or activity receiving federal financial assistance or under any program or
activity conducted by any executive agency or by the United States Postal Service,
iV. CONFLICT OF INTEREST
Pursuant to the conflict of interest requirements set forth in 24:CFR 570,611 and 2.CFR 200.112,
SUBRECIPIENT certifies that no member, officer, employee, agent or assignee of CITY having direct or
indirect control of any CDBG monies granted to the CITY, inclusive of the subject CDBG FUNDS,shall . • .
serve as an officer of SUBRECIPIENT. Further,any conflict or potential conflict of interest of any officer.of
• SUBRECIPIENT shall be filly disolosed in writing prior to the execution of this Agreement and said writing
shall be attached and deemed fully incorporated as a part hereof,Notice shall be sent:by SUBRECIPIENT to
CITY regarding any changes or modifications to its board of directors and list of officers,
9
•
V. SPECIAL CERTIFICATION FOR RELIGIOUS ENTITIES
If SUBRECIPIENT is a religious entity, SUBRECIPIENT hereby agrees that in connection with the
provision of the services SUBRECIPIENT shall provide with CDBG fluids, in accordance with 24 CFR
570.2000):
A SUBRECIPIENT shall riot discriminate against any employee or applicant for employment on
• the basis of religion and shall not limit employment or give preference in employment to persons on the basis
of religion. . .
B. SUBRECIPIENT shall not discriminate against any person applying for the services
SL BRECIPIENT agrees to'provide under the terms of this Agreement on the basis of religion and shall not
limit such services or give preference to applicants for such services on the basis of religion.
C. SUBRECIPIENT.shall NOT provide religious instruction or counseling, conduct any religious
worship or services,or engage in anyreligious proselytizing,or exert any religious influence in the provision
of the services in said program. The parties agree that this covenant is intended to and shall be construed for
the limited purpose of assuring compliance with respect to the use of CITY funds by SUBRECIPILNT with
• applicable constitutional limitations respecting the establishment of religion as set forth in the establishment
• clause under the First Amendment of the United States Constitution and Article I, Section 4 of the California .
Constitution,and is not in any manner intended to restrict other activities of SUBRECIPIENT,
D. The portion of a facility used to provide public services assisted in whole or in part under this
Agreement shall contain no sectarian or religious symbols.
E. Where the services to be provided under said program are rendered on property owned by the
primarily religious entity SUBRECIPIENT,CDBG funds may also be used for minor repairs to such property
which are directly related to the cost of rendering the services under said'program,where the cost constitutes
in dollar terms only an incidental portion of the CDI3G expenditure for rendering the services under said
program.
VI. PROHIBITION OF NEPOTISM
• SUBRECIPIENT agrees not to hire or permit the hiring of any person to fill a position funded •
through this.Agreement if a member of that person's immediate family is employed in an administrative
capacity bySUBRECIPIENT. For the purposes of this section,the term "immediate family"means spouse; •
child, mother, father, brother;sister, brother-in-law, sister-in-law, father-in-law, mother-in-law, son-in-law,
daughter-in-law, aunt, uncle, niece, nephew, stepparent and stepchild. The term "administrative capacity" •
means having selection,hiring,supervisor or management responsibilities.
VII. NOTICES • • .
Notices to the parties shall; unless otherwise requested in Writing,.be sent by U.S. Mail, postage
prepaid,and addressed as follows: .
TO.CITY: City of Santa Ana
Community Development Agency(M-2,5)
20 Civic Center Plaza
P.Q.Box 1988
Santa Ana,California 92702-1988
10
•
TO SUBRECIPIENT: NAME;Nabil Saba
Executive Director Public Works
Public Works Agency.
20 Civic Center Plaza
Santa Ma,CA 92702
•
VIII. ASSIGNABILITY •
•
None of the duties.of, or work to be performed by, SUBRECIPIENT under this Agreement shall he
subcontracted or assigned to any agency, consultant,or person without the prior written consent of CITY.
' • SUBRECIPIENT must:submit all subcontracts and other agreements that relate to this Agreement to CITY.• •
No subcontract or assignment shall terminate or alter the legal obligations of SUBRECIPIENT pursuant to
this Agreement. .
IX. HOLD HARMLESS •
SUBRECIPIENT shall indemnify, defend and save harmless CITY, its officers, employees, agents, •
representatives and volunteers from and against any and all damages to or for loss of use of property and for
injuries to or death of any person or persons,including property and employees or agents of CITY, and shall
defend, indemnify and save harmless CITY, its officers, employees, agents, representatives.and volunteers
from and against any and all claims, demands, suits,actions or proceedings of any kind or nature, including,
but not by way of limitation, workers compensation claims and including attorney fees and reasonable
expenses for litigation or settlement, resulting from or arising out of the negligent or wrongful acts, errors or
omissions of SUBRECIPIENT,its officers,directors,employees,agents, subcontractors and suppliers arising •
out of SUBRECIPIENT's performance of this Agreement.
X. INSURANCE
•
1. Commercial General Liability. SUBRECIPTENT agrees to obtain and keep lit force
during the term of this Agreement a policy of comprehensive commercial public liability insurance
insuring the CITY, and SUBRECIPIENT against any liability for accident, injury or death arising out of
or in consequence of this Agreement. Such insurance shall be in an amount not less than One Million
Dollars ($1,000,000.00) for any injury to or death of any person or persons in any single accident or
occurrence. Said policy of comprehensive liability insurance shall be.endorsed to provide to CITY at
least thirty(30) days written notice prior to cancellation; name CITY, its officers,agents, employees, and
volunteers, additional insured; and state that such coverage is primary to any other coverage or self-
insurance and CITY. Governmental entities may provide proof of self-insurance,
•
(a) Suoh insurance shall: (1) name the City of Santa Ana, its officers, agents,
representatives, employees and volunteers as additional insured's; (2) be primary with respect to
insurance or self-insurance programs maintained by the CITY; (3) contain standard separation of
insured's provisions; and (4) give to CITY prompt and timely notice of claim made or suit instituted • .::
-arising out of SUBRECIPIENT's operations hereunder.
•
(b) SUBRECIPIENT-• shall: (1) prior to exercising any right under this
• Agreement, furnish properly executed certificates of insurance and additional insured endorsement to the •
- . CITY which shall clearly evidence all coverages required above; (2) provide that such-insurance shall not-
be materially changed or terminated except on 30 days prior written notice to the CITY; (3)maintain such
insurance for the period covered by this Agreement; and(4) replace such certificates for policies expiring
prior to the expiration of this Agreement
11
2, Automobile Liability Coverage. SUBRECIPIENT shall also obtain and maintain, during •
the effective period of this Agreement,broad form automobile liability coverage with a$1,000,000 limit
-unless reduced by CITY, which applies to both owned/leased and non-owned automobiles used by
SUBRECIPIENT employees or participants in performance of this Agreement, or, in the event that
SUBRECIPIENT will not utilize such owned/leased automobiles but intends to require employees,
participants or other agents to utilize their own automobiles in the performance of this Agreement,
SUBRECIPIENT shall secure and maintain on file from all such•employees,.participants, or agents as
self-certification of automobile insurance coverage. Governmental entities may provide proof of self-
insurance.
3. Workers'Compensation. If SUBRECIPIENT is an"employer",,as set forth in California
Labor Code Section 3300 et seq., or utilizes participants as ."employees,"as set forth in California Labor
Code Section 3350 et seq., SUBRECIPIENT shall obtain and keep in force during the term of this
Agreement full Workers' Compensation insurance coverage for injuries suffered by participants. Said
insurance policy shall guarantee CITY at least thirty (30) days written notice .of cancellation or
modification.
4, Equipment Coverage, SUBRECIPIENT shall purchase a policy or policies of insurance
covering loss or damage to any and all Equipment provided to or purchased by SUBRECIPIENT in
accordance with this Agreement. Said insurance shall be in the amount of the full replacement value
thereof, providing protection against the classification of fire, extended coverage, vandalism, malicious
mischief, theft, and special extended perils. Governmental entities may substitute a certificate of self • •
insurance.
5. Proof of Insurance. Certificates and endorsements must be submitted and approved by
CITY prior to any work under this Agreement. SUBRECIPIENT understands that CITY will make no
payments under this Agreement until the required certificates and endorsements•have been approved by
CITY.
XI. REVERSION OF ASSETS
A. Upon the expiration of this Agreement, SUBRECIPIENT shall transfer to CITY any CDBG.
funds on hand at the time of the expiration of this Agreement as well as any accounts receivable attributable
to the use of CDBG funds, [24 CFR 570.503(b)(7)]
B. Any real property under SUBRECYI'IENT's control that was acquired or improved in whole or in
part with CDBG funds in excess of$25,000.00-must either be;
1. Used, where CITY has given written approval, to meet one of the national
objectives stated in 24 CFR570.208 until five(5)years after expiration of this Agreement,or for such longer
period of time as determined to be appropriate by CITY; or
2. If not used in accordance with subparagraph 1 above,SUBRECIPIENT shall pay to
CITY an amount equal to the current fair market value of the property less any portion of the value
attributable to the expenditure of non-CDBG funds for acquisition.of,or improvement to,-the property. Such
payment is program income to CITY.
C. Subject to the obligations set forth herein, title to equipment acquired..'under the terms .of this.:
Agreement will vest upon acquisition in SUBRECIPIENT. When said equipment which'has been acquired
in accordance with this Agreement and all applicable regulations is no longer needed for said program,
disposition of said equipment will be made as follows:
12
1. Items of equipment with a current per unit fair market value of less than$5,000.00
may be retained,sold or otherwise disposed of with no further obligation to CITY.
•
2. Items of equipment with a current fair market per'unit value of$5,000.00 or more
may be retained or sold and CITY shall have the right to an amount calculated by multiplying the current
market value or proceeds from the sale by CITY's share of federal funds used to acquire the equipment, in
accordance with 2 CFR 200,313(e)(2), •
D. • SUBRECIPIENT hereby agrees, upon the demand of CITY, to execute, acknowledge and
deliver, or cause any person or entity who may have any claim to rights hereunder or under any document,
instrument or agreement executed•in furtherance of the services and activities to be performed hereunder, to
execute, acknowledge and deliver, to CITY.assignment(s), quit claim deed(s). or such other and further
instruments, documents.and agreements as may be necessary, in the sole and absolute discretion of CITY,to
vest in CITY all of SUBRECIPIENT.'s right,title and interest(if any it may have)in and to CITY,.CDBG or
. other federal;state and/or local accounts-or program funds or allocation of funds to which CITY is or maybe
entitled,either for its own account or as fiduciary or trustee for others,which were obtained for the purpose of
• the performance of this Agreement or any previous agreements relating to the same subject matter or
activities as this Agreement,together with any instruments,loans,grants or advances by SUBRECIPIENT on
behalf of CITY,in furtherance of the activities hereunder or thereof.
SUBRECIFIENT's obligations and responsibilities set forth in this paragraph"XI.REVERSION OF
ASSETS," and in paragraph "XII.TERMINATION" and other requirements,pertaining to program income
shall not be affected by the termination of this Agreement and shall survive the date of termination of this
Agreement for such period of time as CITY and/or HUD deems necessary for the responsibilities, duties and
obligations to be performed and completed to the satisfaction of CITY and HUD.
XII. TERMINATION •
A. This Agreement may be terminated on thirty (30) days' written notice by either party. In the
.event of such termination, SUBRECIPIENT shall only be entitled to reimbursement for approved expenses
incurred to the effective date of termination.
• B. This Agreement may be suspended or terminated by CITY upon five(5)days'written notice for •
violation by SUBRECIPIENT of Federal Laws governing the use of Community Development Block Grant •
Funds. In the event of such.suspension or termination, SUBRECIPIENT shall only be entitled to
reimbursement for approved expenses incurred up to the effective date of suspension or termination.
C. Pursuant to 2 CFR 200.340, in the event SUBRECIPIENT defaults by failing to fulfill all or any
of its obligations hereunder, CITY may declare a default and termination-of this Agreement by written notice
to SUBRECIPIENT,which default and termination shall be effective on a date stated in the notico which is to
be not less than ten(10) days after certified mailing or personal service of.such notice,unless.such default is
• cured before the effective date of termination stated in such notice. If terminated ,tbr cause,CITY shalt be
relieved of further liability or responsibility under this Agreement; or as a result of the termination thereof;
• including the payment of money, except for payment for approved expenses incurred for- services
satisfactorily and timely performed prior to the mailing or service of the-notice oftermiriation,and except for
. reimbursement of (1)any payments made for services not subsegneritly`-performed.in a•.timely- and •
satisfactory manner, and(2).costs incurred by CITY in obtaining substitute performance:•• - -
D. The grant of funds under this Agreement may be terminated for convenience by either the CITY
or SUBRECIPIENT, in whole or in part, by setting forth the reasons for such termination, the effective date,
and, in the case of portion termination, their portion to b terminated, however, if in the case of a partial
13
•
termination,the CITY determines that the remaining portion of the award will'not accomplish the purpose for
with the award was made,the CITY may terminate the award in its entirety.
E. The grant of funds under this Agreement may be terminated due to the non-performance of
SUBRECIPIENT and/or failure of SUBRECIPENT to perform the work described in Exhibits.A and B or
failure to meet the performance'standards and program goals set forth therein. •
• • F. In the event this Agreement is terminated as set forth in subparagraphs XII.A. through XII.E.,
inclusive, SUBRECIPIENT.agrees to immediately return to CITY upon CITY's demand and prior to any
adjudication of SUBRECIPIENT's rights, any and all funds not used, and to comply with paragraph "XI.
: REVERSION OF ASSETS of this Agreement. • . . •
XIII. • LIMITATION OF FUNDS • . •
• The United States of America, through•HUD, may in the future place programmatic or fiscal •
limitations on the use of CDBG funds which.limitations are not presently anticipated. Accordingly, CITY •
reserves the right to revise•this Agreement'in order to take account of actions affecting HUD program
funding. In the event of funding reduction, CITY may,in its sole and absolute discretion,reduce the budget
of this Agreement as a whole or:as to costs category, may limit the rate of SUBRECIPIENT's authority to
commit and spend funds, or may restrict SUBRECIPIENT's use of both its uncommitted and its unspent
funds, Where HUD has directed or requested CITY to implement a reduction in funding, in whole or as to a •
cost category, with respect to funding for this Agreement, CITY's City Manager or delegate is authorized to:
•
act for CITY in implementing and effecting such'a reduction and in revising, modifying, or amending the
Agreement for such purposes. If such a reduction in funding occurs, SUBRECIPIENT shall be permitted to
• de-scope accordingly. Where CITY 'has reasonable grounds to question SUBRECIPIENT's•. fiscal •
accountability,financial soundness, or compliance with this Agreement,CITY may suspend the operation of
• this Agreement for up to sixty(60)days upon five(5)days written notice to SUBRECIPIENT of its intention •
to so act,pending an audit or other resolution of such questions. In no event, however, shall any revisions
made by CITY affect expenditures and legally binding commitments made by SUBRECIPIENT before it
received notice of such revision, provided that such amounts have been committed in good faith and are
otherwise allowable and that such commitments are consistent with HUD cash withdrawal guidelines.
•
XIV. EXCLUSIVITY AND AMENDMENT OF AGREEMENT •
This Agreement supersedes any and all other agreements, either oral or hi writing, between the.
parties hereto with respect to the use of CITY's CDBG funds by SUBRECIPIENT and contains all the •
covenants and agreements between the parties with respect to such employment in any manner whatsoever.
Each party to this Agreement acknowledges that no representations, inducements, promises or agreements,
orally or otherwise, have been made by any party, or anyone acting on behalf of any party, which.are.not •
embodied herein, and that rio other agreement or amendment hereto shall be effective unless executed in'
writing and signed by both CITY and SUBRECIP1ENT. . •
XV.. LAWS GOVERNING THIS AGREEMENT •
This Agreement shall-be•governed by and construed in accordance with the laws of the State of
- California,and all applicable federal laws ant regulations
. .XV'I. CLOSE-OUT •
The SUBRECIPIENT agrees to comply with the closeout procedures detailed in 2 CFR§200.343,
including the following:
14
1. SUBRECIPIENT must submit, no later than ninety(90) calendar days after the end
date of the period of performance, all financial,performance, and other reports as required by the •
terms and conditions of the Federal award;
•
" 2. Unless the CITY authorizes an extension, SUBRECIPIENT must'liquidate•all
obligations incurred under the Federal award not later than ninety. (90) calendar days after the •
• end date of the period of performance as specified in the terms and conditions of the Federal
award;; •
. • 3, SUBRECIPIENT must promptly refund any,balances of.unobligated cash that the" "
CITY paid in advance or paid and that is not authorized to be retained by SUBRECIPIENTT for .
use in other projects(See OMB Circular A-129 and 2 CFR§200.345); . " •
4. SUBRECIPIENT must account for any real and personal property acquired with .
Federal funds or received from the Federal government in accordance with 2 CER•§§200.310-
200.316 and 200.329.; and, • . . .
• • " • 5. The CITY should complete all closeout actions for the Federal award no later:than one
year after receipt and acceptance of all required final reports. •
-
XVII. VALIDITY AM)SEVERABILITY
. The invalidity in whole or in part of any provision of this Agreement shall not void or affect the
validity of any other provision of this Agreement. Whenever possible, each provision of this
AGREEMENT shall be interpreted in such manner as to be effective and valid under applicable •
law, but if any provision of this AGREEMENT is:held to be prohibited by or invalid under
applicable law, such provision shall be ineffective only•to the extent of such prohibition or
invalidity,without invalidating the remainder of such provisions of this AGREEMENT.
XVIII. WAIVER
No delay or omission by either party hereto to exercise Any right or power accruing upon any .
noncompliance or default by the other party with respect to any of the terms of this Agreement shall
impair any such right or power or be construed to be a waiver thereof. A waiver by either of the parties •
hereto of any of the covenants, conditions, or agreements to.be performed by•the.other shall not be
construed to be a waiver of any succeeding breach thereof or of any other covenant; condition or
agreement herein contained. .
•
XIX. MISCELLANEOUS_PROVISIONS - . •
•
a. Each undersigned represents and warrants that its signature herein below has the power.,.authority
.and right to bind their respective parties to each of the terms of this Agreement,and shall indemnify CITY • .. .
fully,including reasonable costs and attorney's fees,for any injuries or damages to CITY in the event that
. such authority or power is not,intact,held by the signatory or is withdrawn,
b. All Exhibits and Attachments referenced herein and attached hereto shall be incorporated as if :
fully set forth in the body of this Agreement.
{Signatures on following page)
15
A-2022-092-26
IN WITNESS WHEREOF. the parties hereto have executed this Aureemeitt as of the last date and scar
‘‘ritten heIo .
ATTEST: fAFT CITY OF SANTA ANA
tiru.4 1 --44--. NA-----4Cr-
DAISY GO - 7_ KRISTINE RIDGE
Clerk of the Council Cir. Manauer
APPROVE!) AS TO FORM:
SONIA R. CARVALHO •
Cin A e�
By: R ', N O. ODGE
Assists Cin ttorne\
RECOMMENDED FOR APPROVAL: SUBRECIPIENT:
4,...........—k a 4 4.--
ST ..VEN MENDOZA Nabil Saba
Assistant City Manager Executive Director
Tax ID:Q5-6000785
Unique Entit) ID : KZE9G2M-IGRX9
I
•
•
•
INSTRUCTIONS FOR CERTIFICATION •
1, By signing and submitting this proposal, the prospective recipient of federal assistance fluids is
providing the certification as set out below,
• 2, The certification in this clause is a material representation of fact upon which reliance was placed •
when.this transaction was entered into. If it is later determined that the prospective recipient of
federal assistance funds knowingly rendered an erroneous certification,in addition to.other remedies
•
available to the Federal Government, the Department of Labor (DOL) may'pursue available
remedies,including suspension and/or debarment,
• 3; The prospective recipient of federal assistance funds shall provide immediate written notice to the •
.person to which.this proposal is submitted if at any time the prospective recipient of federal
assistance funds learns that its certification was erroneous when submitted or has become erroneous
by reason of changed circumstances,
4, The terms "covered transaction," "debarred," "suspended," "ineligible," "lower tier covered
transaction," "participant," parson, "primary covered transaction," "principal,' "proposal," and
"voluntarily excluded," FIB used in this clause, have the meanings set out In the Definitions and
Coverage sections of rules implementing Executive Order 12549; You may contact the person to . •
which this proposal is submitted for assistance in obtaining a copy of those regulations,
.5. The prospective recipient of federal assistance funds agrees by submitting this proposal that, should
the proposed covered transaction be entered into, it shall not knowingly enter into any lower tier
covered transaction with a person who is debarred, suspended, declared ineligible, or voluntarily
excluded from participation in this covered transaction,unless authorized by the DOL,
•
6. The prospective recipient of federal atisiatunce funds further agrees by submitting this proposal that
it will include the clause titled "Certification Regarding Debarment, Suspension, Ineligibility and
• voluntary exclusion - Lower Tier Covered Transactions," without modification, in all lower tier
covered transactions and in all solicitations for lower tier covered transactions,
7, . A participant in a covered transaction may rely upon a certification of a prospective participant in a
lower tier covered transaction that it is not debarred, suspended, ineligible, or voluntarily excluded
from the covered transaction, unless it knows that the certification is erroneous. A participant may
decide the method and frequency by which it determines the eligibility of Its principals, Each
participant may, but is not required to check the List of Parties Excluded from Procurement or Non •
-
Procurement Programs.
8• Nothing contained in the foregoing shall be construed to require establishment of a system of
' records in order to render In good faith the certification required by this clause, The knowledge and •
information of a participant is not required to exceed that which is normally possessed by a prudent
person in the ordinary course of business dealings,
9• Except for transactions authorized under paragraph 5 of these instructions, if a participant in a
covered transaction knowingly enters into a lower tier covered transaction with a person who is
suspended, debarred, Ineligible, or voluntarily excluded from participation in this transaction, in
•
addition to other remedies available to the Federal Government, the DOL may pursue available
remedies,including suspension and/or debarment.
EXHIBIT C
Page 2 of 2 •
•
Certification Regarding Lobbying
Certification for Contractsk Grants,Leant, and Cooperative-Mreerrients
The undersigned certifies, to the best of his or her knowledge and belief; that:
• • (1) No'Federal appropriated funds have been paid or will be paid,by won behalf of the • •
Undersigned, to tiny person for influencing or attempting to influence an Officer or
employee of any agency, &Kelliher of Congress, an officer or employee of Congress,or • • •
an employee Of a Member of Congress hi connection with the awarding of•any Federal
control,the'molting of opy•-cooporative agreement, and the extension,Continuation, , •
• • renewal,amendment, or Modification of any Feclerat contact, grant;loan or cooperative •
. .
agteernent. . •
(2) If any funds Other than Federal appropriated funds.have been paid or will be.paid•to
any poison for influeneirig ofatteMPlin$to inflitOriee an officer or employee ofany. •
agency,a Metiiber-of Congress,an officer or employee of COngresa,,or nn employee oft
MeMbet of COngreasin cottheotion with this Federal contract,grant„loan; or cooperative
agrecingift,the:ionderalgried shall coMplete and submit.Standard Fortn-LLL, "...Disclosure
Fenn to Report Lobbying?in accordauee.with itainstructionn,
(3) The nude-Signed sholirequire that theiauggage of ibis certifieation be lacludectin the
•aWarti dectIments fat all attbawarda at all tiers(including•subcontmettsubgrants,and
contracts tinder groats,loans,and Cooperative agreements)and that all fittbtoWiietts shall
certify and•diselose accordingly,
This certification la•o;inaterialrePrasetnuttPaef.faet,upon which reliance was placed
When this transeetion was.made-or entered-into, Submission ofthis cerfification is a
prerequialtelor making or entari.49 into this.transOp.tion into$eithy'SbOtio0 1352,Title
• 31,U S,Code. Any person who fails to file the requited certification shall be subject to
• a civil penalty of not less thati.$10,006 and not more than$100,000 for each 8110 failure.
. •
• • •
. ,
City of Santa Ana/Public Works Agency
• Grantee/Contactor Organization •
• Nabi 1.Saba .L.tt •
Nan i0 of Certifying Officer 'Signature Date
•
•
EXFILBIT D
Page 1 of
SUBRECIPIENT warrants the following;
1. SUBRECIPIENT will comply with Public Law 88-352,Title VI of the Civil Rights
Act of 1964(42 U. S. C. section 2000 et seq.) and implementing regulation in 24 CFR
Part 1.
2. No person in the United States shall on the ground of race,color,religion,national • •
origin, or sex,be excluded from participation in, or be denied the benefits of;or be •
• . subjected to discrimination under any program or nativity funded in whole or in part with
community development fluids made available pursuant to the ACT.
3. All laborers and mechanics, employed by contractors or subcontractors in the ' •
performance of construction work financed in whole or in part with community
development funds shall be paid wages at rates not less than those prevailing on similar
construction in the locality as determined in accordance with the Davis-Bacon Act,as
amended,40 U. S.C. Sections 276 a 1-5,except for individuals who perform services for
which they volunteered; do pot receive compensation for such services; or are paid
expenses,reasonable benefits;or a nominal fee for such services; and are not otherwise
employed at any time in construction work, .
•
4. SUBRECIPIENT will comply with all Federal statutes applicable to projects fitnded
with community development funds, except that(a)SUBRECIPIENT does not assume • '
CITY'S environmental responsibilities described at 24 CFR 570.604; and(b)
SUBRECIPIENT does not assume CITY'S responsibility for initiating the review process
under Executive Order 12372.
•
EXHIBIT D •
Page 2 of 2
Certification Regarding Drug-Free Workplace Requirements
The certification set out below is a material representation upon which reliance is placed
by the U.S. Department of Housing and Urban Development in awarding the grant. If It
Is later determined that the contractor knowingly rendered a false certification, or
otherwise violates the requirements of the Drug-Free Workplace Act,the U.S.
Department of Housing and Urban Development, in addition to any other remedies
• available to the Federal Government, may take action authorized under the Drug-Free
Workplace Act, .
CERTIFICATION
A. The contractor certifies that it will provide a drug-free workplace by:
(a) Publishing a"statement notifying employees that the unlawful manufacture, •
distribution, dispensing, possession or use of a controlled substance is
prohibited in the contractor's workplace and specifying the actions that will
be taken against employees for violation of such prohibition;
(b) Establishing a drug-free awareness program to Inform employees about(1) The dangers of drug abuse in the workplace;
(2) The contractor's policy of maintaining a drug-free workplace;
(3) Any available drug counseling, rehabilitation, and employee
assistance program; and
(4) The penalties that may be imposed upon employees for drug abuse
violations occurring In the workplace;
(c) Making It a requirement that each employee who will be engaged in the
performance of the grant be given a copy of the statement required by
paragraph (a);
(d) Notifying the employee in the statement required by paragraph-(a)that,
as a condition of employment under the contract, the employee will -
(1) Abide by the terms of the statement; and
(2) Notify the employer of any criminal drug statute conviction for a
•
violation occurring in the workplace no later than five days after
such conviction.
(e) Notifying the U,S. Department of Housing and Urban Development within
ten days after receiving notice under subparagraph (d)(2)from an
employee or otherwise receiving actual notice of such conviction;
EXHIBIT!:
Page of
•
(f) Taking one of the following actions, within 30 days of receiving notice •
under, subparagraph•(d)(2), with respect to any employee who Is so
convicted -
( 1) Taking appropriate personnel action against such an employee, up '
to and Including termination; or
•
(2) Requiring such employee to participate satisfactorily in a drug ,
abuse, assistance or rehabilitation program approved for such •
• purposes by a Federal, State, or local health, law enforcement, or • •
. 'Other appropriate•agenoy;
(g) Making a good faith effort to continue'to maintain a drug free workplace
through implementation of paragraphs(a), (b), (c), (d), (e) and (f). •
B. The contractor shall insert in the space provided on the attached "Place of
. Performance"form the site(s)for the performance of work to be carded out with
the grant funds(including street address, city, county, state,and zip code) ,the
• contractor further certifies that, if it is subsequently determined that additional
sites will be used for the performance of work under the contract, it shall notify
• the U:S. Department of Housing and Urban Development Immediately upon the
decision to use such additional sites bysubmitting a revised "Place of •
Performance"form.
l 2 1 . J2 s - PPV l� . .
Orga za/tio(f
Ai
Authorized Signature Date • •
•
• EXHIBIT E
Page 2 of 3
PLACE OF PERFORMANCE
FOR CERTIFICATION REGARDING DRUG-FREE
WORKPLACE REQUIREMENTS • . •
Name: . Nabil Saba
Date: 2/14/22
•
• The Contractor shall insert In the space provided below the site(s) expected to be used ' '
for the performance of work under the contract covered by the certification:
•
. Place of Performance (include street address, city, county, state,alp code for each site): •
20 Civic Center Plaza
Santa Ana,CA 92701 •
•
•
•
EXHIBIT E
Page 3 of 3
ACC CERTIFICATE OF LIABILITY INSURANCE DATE(MM/DD/YYYY)
‘irm...."--- 11/01/2024
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER.THIS
CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND,EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES
BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S),AUTHORIZED
REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER.
IMPORTANT: If the certificate holder is an ADDITIONAL INSURED,the policy(ies)must have ADDITIONAL INSURED provisions or be endorsed.
If SUBROGATION IS WAIVED,subject to the terms and conditions of the policy,certain policies may require an endorsement. A statement on
this certificate does not confer rights to the certificate holder in lieu of such endorsement(s).
PRODUCER CONTACT Certificate Department
NAME: p
Assured Partners of California-Santa Ana PHONE (949)949)261-5335 FAX (949)261-1911
2913 Pullman Street (A/C,No,Ext): (A/C,No):
E-MAIL certificates.nb@assuredpartners.com
ADDRESS:
Lic#0M07762 INSURER(S)AFFORDING COVERAGE NAIC#
Santa Ana CA 92705 INSURER A: Middlesex Insurance Company 23434
INSURED INSURER B: Starstone National Insurance Company 25496
PCN3,Inc. INSURER c: CM Vantage Specialty Insurance Company 15872
11082 Winner Circle#B INSURER D:
INSURER E:
Los Alamitos CA 90720 INSURER F:
COVERAGES CERTIFICATE NUMBER: 24-25 GL,BA,UMB,WC REVISION NUMBER:
THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD
INDICATED. NOTWITHSTANDING ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS
CERTIFICATE MAY BE ISSUED OR MAY PERTAIN,THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,
EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LLMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
TR A TYPE OF INSURANCE INSD `D 'D WVDD POLICY NUMBER POLICY EFF POLICY EXP
(MM/DDIYYYY) (MM/DD/YYYY) LIMITS
X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE S 1,000,000
DAMAGE TO RENTED -
CLAIMS-MADE X OCCUR PREMISES(Ea occurrence) $ 500,000
MED EXP(Any one person) $ 5,000
A Y Y A0144715001 01/13/2024 01/13/2025 PERSONAL&ADV INJURY $ 1,000,000
GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ 3,000,000
POLICY X ROT n LOC 0000PRODUCTSCOMP/OPA OTHER: S
AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $ 1,000,000
(Ea accident)
X ANY AUTO BODILY INJURY(Per person) S
A OWNED SCHEDULED Y Y A0144715003 01/13/2024 01/13/2025 BODILY INJURY(Per accident) $
_ AUTOS ONLY AUTOS
HIRED NON-OWNED PROPERTY DAMAGE $
_ AUTOS ONLY _ AUTOS ONLY (Per accident)
X UMBRELLA LIAB X OCCUR EACH OCCURRENCE $ 5,000,000
A EXCESS LIAB CLAIMS-MADE A0144715002 01/13/2024 01/13/2025 AGGREGATE S 5,000,000
DED RETENTION$ $
-
WORKERS COMPENSATION X STATUTE OTH-
ER AND EMPLOYERS'LIABILITY YI N
B ANY PROPRIETOR/PARTNER/EXECUTIVE E.L.EACH ACCIDENT $ 1,000,000
OFFICER/MEMBER EXCLUDED? Y N/A Y T10240890 04/01/2024 04/01/2025 .
(Mandatory in NH) E.L.DISEASE-EA EMPLOYEE $ 1,000,000
If yes,describe under
DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $ 1,000,000
Each Occurrence $5,000,000
Excess Liability
C Per Occurrence CMVEXL004516101 01/13/2024 01/13/2025 Aggregate $5,000,000
DESCRIPTION OF OPERATIONS I LOCATIONS/VEHICLES (ACORD 101,Additional Remarks Schedule,may be attached If more space Is required)
***Please see attached for additional coverages.***
RE:Renovation of Newhope Library(122 N Newhope St,Santa Ana,CA 92703)and Delhi Library(505 E Central Ave,Santa Ana,CA 92707)
City of Santa Ana,its City Council,officers,officials,employees,agents,and volunteers are named as Additional Insured on the GL per CG2037.0413 and
CG2010.0413,Waiver of Subrogation per CG2404.0509,Primary Non Contributory per CG2001.0413.Automobile Additional Insured with Primary Non
Contrubutory per CA7601.0615.Auto Waiver of Subrogation per CA0444.1013.Workers Compensation Waiver of Subrogation per WC040306.0484.
CERTIFICATE HOLDER CANCELLATION
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE
THE EXPIRATION DATE THEREOF,NOTICE WILL BE DELIVERED IN
City of Santa Ana ACCORDANCE WITH THE POLICY PROVISIONS.
Risk Management Division
AUTHORIZED REPRESENTATIVE
20 Civic Center Plaza ,/
Santa Ana CA 92701 /t1'%re/i (t-- -
I
ACORD 25(2016/03) The ACORD name and logo are registered m APPROVED
By Cynthia Mora at 2:01 pm, Nov 05, 2022
CITY OF SANTA ANA
�i
PUBLIC WORKS AGENCY
CONTRACT CHANGE ORDER
Project Number Project No. 22-1382, 22-1802; Newhope Library Modernization & Change Order Number 1
Delhi Library Branch Improvements
To PCN3, Inc. Contractor
You are hereby directed to make the herein changes from the plans and specifications or do the following described work not included in the plans and
specifications on this contract.
NOTE:THIS CHANGE ORDER IS NOT EFFECTIVE UNTIL APPROVED BY THE CITY COUNCIL OR CITY MANAGER.
Unless otherwise stated,rates for rental of equipment cover only such time as equipment is actually used and no allowance will be made for idle time.
Change requested by PUBLIC WORKS AGENCY
JUSTIFICATION
1. To compensate contractor for placement of temporary gravel walkway between two agave
plants and placement ofADA Route detour per RFI #5 (PCO #001).
AGREED COST: $6,058.45
2. To compensate the contractor for the replacement of the boiler, the agreed-upon scope of work
includes the removal of an existing 200-gallon leaking water heater and the installation of a
new, efficient 110-gallon water heater in compliance with code requirements. Additionally, the
project entails reconfiguring the cold water, hot water, hot water return, gas, and temperature
and pressure lines to align with the new water heater's layout. Electrical and carpentry work will
be necessary for drywall patching as detailed in RFI #14 (PCO #002).
AGREED COST: $66,433.86
TOTAL AGREED COST: $71,492.31
Page 1 of 2
CITY OF SANTA ANA
' PUBLIC WORKS AGENCY
CONTRACT CHANGE ORDER
Project Number Project No. 22-1382, 22-1802; Newhope Library Modernization & Change Order Number 1
Delhi Library Branch Improvements
To PCN3, Inc. Contractor
You are hereby directed to make the herein changes from the plans and specifications or do the following described work not included in the plans and
specifications on this contract.
NOTE:THIS CHANGE ORDER IS NOT EFFECTIVE UNTIL APPROVED BY THE CITY COUNCIL OR CITY MANAGER.
Unless otherwise stated,rates for rental of equipment cover only such time as equipment is actually used and no allowance will be made for idle time.
Change requested by PUBLIC WORKS AGENCY
The compensation both time and cost set forth in this change order comprises the total compensation due the
Contractor, all Subcontractors, and all Suppliers for all work performed per this change order, including impact
on unchanged work. By signing this change order, the Contractor acknowledges and agrees on behalf of
himself, all Subcontractors, and all Suppliers, that the stipulated compensation includes payment for all work
contained in this change order, plus all payment for interruption of schedules, extended field overhead, home
office overhead, profit, delay, and all impact, ripple effect or cumulative impact on all other work under this
Contract. The signing of this change order constitutes full mutual accord and satisfaction for all changes and
work performed on this project, and that the time and cost paid per this change order constitutes the total
equitable adjustments owed the Contractor, all Subcontractors, and all Suppliers for all work performed on
this project. The Contractor on behalf of himself, all Subcontractors, and all Suppliers agrees to waive all
rights, without exception or reservation of any whatsoever to file any further claim related to this project.
TOTAL COST THIS CHANGE ORDER: DECREASE $ --------------- INCREASE $ 71,492.31
By reason of this order the CONTRACT TIME completion will be adjusted as follows: One(1) Workim Days
We the undersigned contractor have given careful consideration to the change proposed and hereby agree,if this proposal is approved,that we will provide
all equipment,furnish all materials,except as may otherwise be noted above,and perform all service necessary for the work above specified,and will accept
as full payment therefor the prices shown above.
Accepted, Date 2/21/25 Contractor PCN3, Inc.
By Brian Title President
l
Approval recommended by Date Jj his
PUBLIC WORKS AGENCY EXECUTIVE DIRECTOR
-ev
Approved by Date 1.�C*i 2
Minh Thai _
Assistant City Manager =
Attest: ate
Y CLERK
Page 2 of 2
-• CITY OF SANTA ANA
_i PUBLIC WORKS AGENCY
T- I CONTRACT CHANGE ORDER
Project Number Project No. 22-1382, 22-1802; Newhope Library Modernization & Change Order Number 2
Delhi Library Branch Improvements
To PCN3, Inc. Contractor
You are hereby directed to make the herein changes from the plans and specifications or do the following described work not included in the plans and
specifications on this contract.
NOTE:THIS CHANCE ORDER IS NOT EFFECTIVE UNTIL APPROVED BY THE CITY COUNCIL OR CITY MANAGER.
Unless otherwise stated,rates for rental of equipment cover only such time as equipment is actually used and no allowance will be made for idle time.
Change requested by PUBLIC WORKS AGENCY
JUSTIFICATION
1. To compensate the contractor for labor and materials required to replace 4x4 posts mistakenly
removed due to a conflict between Demo Plan A01.3 and Structural Plan S-2-1 (PCO #003).
AGREED COST: $8,765.99
2. To compensate the contractor for furnishing and installing CS3-GR-BUNDLE-2 irrigation
controller and data plan per RFI #08 and City directive dated December 18, 2024 (PCO #004).
AGREED COST: $4,146.68
3. To compensate the contractor for removal of VCT flooring in the General Stacks Room per RFI
#09 and updated finish requirements (PCO #007).
AGREED COST: $2,588.98
4. To compensate the contractor for hazardous material abatement services including asbestos,
lead, and universal waste removal per RFI #03 and abatement survey (PCO#008).
AGREED COST: $36,567.42
5. To compensate the contractor for replacing non-functional exterior light fixtures and associated
electrical and wall repair work per RFI #28 and Bulletin No. 1 (PCO #009).
AGREED COST: $38,816.78
6. To compensate the contractor for framing, wall, and structural connection modifications per
RFIs#20, #27, #26, #29, #44, and #47 (PCO#010).
AGREED COST: $28,156.01
7. To compensate the contractor for structural beam replacement and roof sheathing conflict
resolution per RFI #46 (PCO#011).
AGREED COST: $8,624.15
8. To compensate the contractor for modifying and relocating ductwork in conflict with new Hardy-
Frame panels per RFI #30 (PCO #015).
AGREED COST: $6,435.36
Page 1 of 3
9. To compensate the contractor for hardware revisions and added panic hardware at Door#4 per
RFI #62 and OAC direction on 2/18/25 (PCO #016).
AGREED COST: $3,907.75
10. To compensate the contractor for removal and disposal of existing chair rail per RFI #18 and
AOR direction (PCO #018).
AGREED COST: $1,268.45
11. To compensate the contractor for removal and replacement of existing VCT flooring at the
hallway and entrance per City request (PCO#021).
AGREED COST: $40,484.15
12. To compensate the contractor for the cost difference due to the substitution of E1 light fixtures
with BEGA#84961-STD units per RFI#48 and City direction (PCO#022).
AGREED COST: $8,024.00
13. To compensate the contractor for furnishing and connecting a new irrigation controller assembly
per Approved Submittal #62 (PCO#023).
AGREED COST: $10,119.40
14. To compensate the contractor for fire alarm troubleshooting and resolution of five control panel
issues identified during the safe-off process (PCO #024).
AGREED COST: $1,624.49
15. To compensate the contractor for revised conduit routing and roof penetrations for power cables
per RFI #49 and Alpha MEP approval (PCO#025).
AGREED COST: $27,712.99
16. To compensate the contractor for enclosing and rerouting MC and low-voltage cables per RFI
#63 and General Note D on Sheet E102D (PCO#027).
AGREED COST: $11,690.83
17. To compensate the contractor for furnishing and installing ten (10) new CAT6 cables from
MPOE to OF cabinet per RFI #40 (PCO#030).
AGREED COST: $5,556.43
18. To compensate the contractor for installation of a missing condensate drain line for AC-1 per
RFl #125 and Submittal #41 (PCO #037).
AGREED COST: $4,759.64
TOTAL AGREED COST: $249,249.50
Page 2 of 3
CITY OF SANTA ANA
PUBLIC WORKS AGENCY
CONTRACT CHANGE ORDER
r
Project Number Project No. 22-1382, 22-1802; Newhope Library Modernization & Change Order Number 2
Delhi Library Branch Improvements
To PCN3, Inc. Contractor
You are hereby directed to make the herein changes from the plans and specifications or do the following described work not included in the plans and
specifications on this contract.
NOTE:THIS CHANGE ORDER IS NOT EFFECTIVE UNTIL APPROVED BY THE CITY COUNCIL OR CITY MANAGER.
Unless otherwise stated,rates for rental of equipment cover only such time as equipment is actually used and no allowance will be made for idle time.
Change requested by PUBLIC WORKS AGENCY
The compensation both time and cost set forth in this change order comprises the total compensation due the
Contractor, all Subcontractors, and all Suppliers for all work performed per this change order, including impact
on unchanged work. By signing this change order, the Contractor acknowledges and agrees on behalf of
himself, all Subcontractors, and all Suppliers, that the stipulated compensation includes payment for all work
contained in this change order, plus all payment for interruption of schedules, extended field overhead, home
office overhead, profit, delay, and all impact, ripple effect or cumulative impact on all other work under this
Contract. The signing of this change order constitutes full mutual accord and satisfaction for all changes and
work performed on this project, and that the time and cost paid per this change order constitutes the total
equitable adjustments owed the Contractor, all Subcontractors, and all Suppliers for all work performed on
this project. The Contractor on behalf of himself, all Subcontractors, and all Suppliers agrees to waive all
rights, without exception or reservation of any whatsoever to file any further claim related to this project.
TOTAL COST THIS CHANGE ORDER: DECREASE $ _______________ INCREASE $ 249,249.50
By reason of this order the CONTRACT TIME completion will be adjusted as follows: Zero (0)Working Days
We the undersigned contractor have given careful consideration to the change proposed and hereby agree,if this proposal is approved,that we will provide
all equipment,furnish all materials,except as may otherwise be noted above,and perform all service necessary for the work above specified,and will accept
as full payment therefor the prices shown above.
Accepted,Date 5/27/25 Contractor PCN3, Inc, i
By Brian Abghari Title President
Approval recommended by Date
8LfC WORKS AG EXECUTIVE D TOR
Approved by �! Date ` 3
CfrY MANAGER
Attest: Date ! Loca,>
CITY CLERK
,F
Page 3 of 3
f ,.` ,r CITY OF SANTA ANA
o 7. 4
PUBLIC WORKS AGENCY
_ -- ' �' CONTRACT CHANGE ORDER
4 ' Ir oox`
Project Number Project No. 22-1382, 22-1802; Newhope Library Modernization & Change Order Number 3
Delhi Library Branch Improvements
To PCN3, Inc. Contractor
You are hereby directed to make the herein changes from the plans and specifications or do the following described work not included in the plans and
specifications on this contract.
NOTE:THIS CHANGE ORDER IS NOT EFFECTIVE UNTIL APPROVED BY THE CITY COUNCIL OR CITY MANAGER.
Unless otherwise stated,rates for rental of equipment cover only such time as equipment is actually used and no allowance will be made for idle time.
Change requested by PUBLIC WORKS AGENCY
JUSTIFICATION
1. To cover the cost to treat and maintain existing insulation per RFI#13 as well as remove and
replace damaged insulation per RFI#25. (PCO#013).
AGREED COST: $2,465.85
2. To cover the cost for revised floor finished treatment for existing sealed concrete per RFI#24
and RFI#9 (PCO#014).
AGREED COST: $41,711.43
3. To cover the cost for the catch basin placement due to an existing footing and extending the
roof storm drainpipe location per RFI#77 (PCO#026).
AGREED COST:$941.86
4. To cover the cost of the furnishing and installing of both the additional blocking and backing as
well as the plywood sheathing for the folding wall shelves as per RFI#58 (PCO#029).
AGREED COST: $7,131.27
5. To cover the cost for installing 2' high plywood backing per RFI#90 and finish with drywall to
structure per RFI#13 (PCO#031).
AGREED COST: $3,046.20
6. To cover the cost for replacing four faulty dampers with similar models and installing a UL-listed
control relay as required by applicable life safety codes per HVAC Inspection & Code
Compliance (PCO#033).
AGREED COST:$7,518.36
7. To cover the cost for saw cutting the existing concrete slap and demolishing the previously
installed wood wall and related rough-ins per RFI#102 (PCO#035).
AGREED COST: $5,493.33
8. To cover the cost for repainting all hallway walls and ceilings with new finish color as well as the
preparation, masking, and protection of adjacent surfaces per RFI#123 (PCO#036).
AGREED COST: $7,798.57
Page 1 of 3
9. To cover the cost for relocating the Data/Power outlets and to prepare the wall for its final coat
of paint following the relocation work per RFI#108 (PCO#038).
AGREED COST: $2,668.72
10. To cover the cost for installation of expansion and cold joints as well as the added saw cut
control joints per RFI#120 (PCO #041).
AGREED COST: $5,696.00
11. To cover the cost of replacing the previously approved (per RFI#87) paper towel dispenser as
during its installation it was found non-ADA compliant per RFI#127 (PCO #042).
AGREED COST: $766.75
12. To cover the cost of the adjustment and relocation of the conduits based on the base template
and refinishing the concrete slab to prepare for epoxy flooring installation per RFI #37 (PCO
#043).
AGREED COST: $7,069.69
13. To cover the cost of the credit to the owner for the omission of the reception desk from the
project scope per ASI#1 (PCO#045).
AGREED COST: -$17,345.00
14. To cover the cost for the upsize of the Carex divulsa from 1 gallon to 5 gallon as per the
approved landscape submittals (PCO#047).
AGREED COST: $1,277.28
TOTAL AGREED COST: $76,240.31
Page 2 of 3
of ' A pi',r CITY OF SANTA ANA
F '.'..
A r PUBLIC WORKS AGENCY
* ' * CONTRACT CHANGE ORDER
91- I r. )
Project Number Project No. 22-1382, 22-1802; Newhope Library Modernization & Change Order Number 3
Delhi Library Branch Improvements
To PCN3, Inc. Contractor
You are hereby directed to make the herein changes from the plans and specifications or do the following described work not included in the plans and
specifications on this contract.
NOTE:THIS CHANGE ORDER IS NOT EFFECTIVE UNTIL APPROVED BY THE CITY COUNCIL OR CITY MANAGER.
Unless otherwise stated,rates for rental of equipment cover only such time as equipment is actually used and no allowance will be made for idle time.
Change requested by PUBLIC WORKS AGENCY
The compensation both time and cost set forth in this change order comprises the total compensation due the
Contractor, all Subcontractors, and all Suppliers for all work performed per this change order, including impact
on unchanged work. By signing this change order, the Contractor acknowledges and agrees on behalf of
himself, all Subcontractors, and all Suppliers, that the stipulated compensation includes payment for all work
contained in this change order, plus all payment for interruption of schedules, extended field overhead, home
office overhead, profit, delay, and all impact, ripple effect or cumulative impact on all other work under this
Contract. The signing of this change order constitutes full mutual accord and satisfaction for all changes and
work performed on this project, and that the time and cost paid per this change order constitutes the total
equitable adjustments owed the Contractor, all Subcontractors, and all Suppliers for all work performed on
this project. The Contractor on behalf of himself, all Subcontractors, and all Suppliers agrees to waive all
rights, without exception or reservation of any whatsoever to file any further claim related to this project.
TOTAL COST THIS CHANGE ORDER: DECREASE $ INCREASE $ 76,240.31
By reason of this order the CONTRACT TIME completion will be adjusted as follows: Zero (0)Working Days
We the undersigned contractor have given careful consideration to the change proposed and hereby agree,if this proposal is approved,that we will provide
all equipment,furnish all materials,except as may otherwise be noted above,and perform all service necessary for the work above specified,and will accept
as full payment therefor the prices shown above.
Accepted,Date 7/24/25 Contractor PCN3, Inc.
By Brian Abghari Title
President
Approval recommended by Date 7A/ZO ,j
P WOR EN E IVE DIRECTOR /
Approved by Date t, �13
(
CITY MANAGER 'ANT.,
s 1T
Attest: ` r,,. f Date S S
I TY CLERK
Page 3 of 3
CITY OF SANTA ANA
PUBLIC WORKS AGENCY
CONTRACT CHANGE ORDER
Project Number Project No. 22-1382, 22-1802; Newhope Library Modernization & Change Order Number 4
Delhi Library Branch Improvements
To PCN3, Inc. Contractor
You are hereby directed to make the herein changes from the plans and specifications or do the following described work not included in the plans and
specifications on this contract.
NOTE:THIS CHANGE ORDER IS NOT EFFECTIVE UNTIL APPROVED BY THE CITY COUNCIL OR CITY MANAGER.
Unless otherwise stated, rates for rental of equipment cover only such time as equipment is actually used and no allowance will be made for idle time,
Change requested by PUBLIC WORKS AGENCY
JUSTIFICATION
Delhi Center
1. Signage Steel Frame Anchoring Issue (PCO#034).
AGREED COST: $4,392.31
2. Drainage for Seat Wall (PCO#048).
AGREED COST: $2,467.04
3. Clarification and Direction on ADA-Compliant Toilet Flush Handle Orientation (PCO#049).
AGREED COST: $2,397.13
4. Clarification on Signage Installation. (PCO #007)
AGREED COST: $5,219.44
5. Transition Between Epoxy & Exposed Concrete at Hydraulic Bi-Fold Door
AGREED COST: $1,757.96
6. Clarification on Wiring of Master Valve and Flow Sensor
AGREED COST: $2,878.34
Newhope Library
7. Newhope Library— Discontinued QSC Speaker (PCO#044).
AGREED COST: $188.16
8. Newhope Library—ASI #2
AGREED COST: $34,389.96
Page 1 of 3
9. Newhope Library—Additional ❑emolition per RFI #47
AGREED COST: $5,131.66
10. Newhope Library— Demolition & Construction of Full Height Walls per RFI #62
AGREED COST: $36,347.21
11. Newhope Library— Existing Slab Condition per RFI #76
AGREED COST: $72,145.29
12. Newhope Library — Demolition of Precast Concrete Low Wall
AGREED COST: $7,241.66
13. Newhope Library—Substitution Request for Barco ClickShare CX-30 in Place of Mersive Wall
AGREED COST: $2,759.17
14. Newhope Library— Sloped Roof Demolition & Replacement
AGREED COST: $97,350.42
TOTAL AGREED COST: $274,665.76
DEDUCTIVE CHANGE ORDER
15. Delhi Center—Trellis Lettering Credit & Signage Replacement
AGREED CREDIT: ($582.19)
NET CONTRACT INCREASE: $274,083.56
Page 2 of 3
CITY OF SANTA ANA
PUBLIC WORKS AGENCY
CONTRACT CHANGE ORDER
Project Number Project No. 22-1382, 22-1802; Newhope Library Modernization & Change Order Number 4
Delhi Library Branch Improvements
To PCN3, Inc. Contractor
You are hereby directed to make the herein changes from the plans and specifications or do the following described work not included in the plans and
specifications on this contract,
NOTE:THIS CHANGE ORDER IS NOT EFFECTIVE UNTIL APPROVED BY THE CITY COUNCIL OR CITY MANAGER.
Unless otherwise stated,rates for rental of equipment cover only such time as equipment is actually used and no allowance will be made for idle time.
Change requested by PUBLIC WORKS AGENCY
The compensation both time and cost set forth in this change order comprises the total compensation due the
Contractor, all Subcontractors, and all Suppliers for all work performed per this change order, including impact
on unchanged work. By signing this change order, the Contractor acknowledges and agrees on behalf of
himself, all Subcontractors, and all Suppliers, that the stipulated compensation includes payment for all work
contained in this change order, plus all payment for interruption of schedules, extended field overhead, home
office overhead, profit, delay, and all impact, ripple effect or cumulative impact on all other work under this
Contract. The signing of this change order constitutes full mutual accord and satisfaction for all changes and
work performed on this change order, and that the time and cost paid per this change order constitutes the
total equitable adjustments owed the Contractor„ all Subcontractors, and all Suppliers for all work performed
on this change order. The Contractor on behalf of himself, all Subcontractors, and all Suppliers agrees to
waive all rights, without exception or reservation of any whatsoever to file any further claim related to this
change order.
TOTAL COST THIS CHANGE ORDER: DECREASE $ ______________ INCREASE $ 274,083.56
By reason of this order the CONTRACT TIME completion will be adjusted as follows: Thirteen 13 Working Days
We the undersigned contractor have given careful consideration to the change proposed and hereby agree,if this proposal is approved,that we will provide
all equipment,furnish all materials,except as may otherwise be noted above,and perform all service necessary for the work above specified,and will accept
as full payment therefor the prices shown above.
Accepted,Date 10/27/25 Contractor PCN3, Inc.
By Brian Abghari Title President
Approval recommended by Date � s
P DRKS ENCY CURVEDIR
Approved by Date 1
CITYMANAGER
Attest: Date
CLERK
Page 3 of 3
CITY OF SANTA ANA
_ r PUBLIC WORKS AGENCY
2 € CONTRACT CHANGE ORDER
-t
Project Number Project No. 22-1382, 22-1802; Newhope Library Modernization & Change Order Number 5
Delhi Library Branch Improvements
To PCN3, Inc. Contractor
You are hereby directed to make the herein changes from the plans and specifications or do the following described work not included in the plans and
specifications on this contract.
NOTE:THIS CHANGE ORDER IS NOT EFFECTIVE UNTIL APPROVED BY THE CITY COUNCIL OR CITY MANAGER.
Unless otherwise stated,rates for rental of equipment cover only such time as equipment is actuaily used and no allowance will be made for idle time.
Change requested by PUBLIC WORKS AGENCY
EXTRA WORK AT AGREED PRICE
1. Newhope Library ASI #1 (PCO #039).
AGREED COST: $55,274.20
2. Schedule Impact Delay (PCO #052).
AGREED COST: $25,000.00
3. Sawcut Requirements for the Restroom Reconfiguration per RFI #32 (PCO #57).
AGREED COST: $12,090.71
4. Demolition & Staff Restroom T&M (T3 Contractors) per RFI #28 (PCO #63).
AGREED COST: $10,469.32
5. Remove the Existing Wire Screen Panels per RFI #71 (PCO #74).
AGREED COST: $2,887.07
6. Entry Signage per RFI #68 (PCO #75).
AGREED COST: $3,142.59
7. Existing HVAC Opening per RFI #73 (PCO #78).
AGREED COST. $57,000.00
8. Ceiling Leveling with Wood Strips per RFI #69 & RFI #80 (PCO #80).
AGREED COST: $10,336.19
9. Clarification on Existing and New Floor Boxes & RFID gate per RFI #79 (PCO #82).
AGREED COST: $21,448.37
10. RFI #84: raising the existing riglet per RFl #84 (PCO #84).
AGREED COST: $15,757.75
11. Clarification on Counterflashing vs. Coping per RFI #81 (PCO #86).
AGREED COST: $21,669.10
12, Clarification on Framing & Header Details at Entry per RFI #87 (PCO #87).
AGREED COST: $7,363.65
Page 1 of 3
13. Design Details Needed for Replacement of Precast Low Wall per RFI #88.1 (PCO #88 P2).
AGREED COST: $10,000.00
14. Mechanical Platform Height Above Finish Roof per RFI #89 (PCO #89).
AGREED COST: $9,092.84
15. Clarification on Wall Framing and Electrical Rough-In per RFI #48.1(PCO #93).
AGREED COST: $13,476.85
16. Drywall and Ceiling Insulation Removal Per City Direction (PCO #96).
AGREED COST: $20,670.81
17. Shoring Plan Design (PCO #100).
AGREED COST: $5,582.50
18. Security Cameras Rough-In Requirements per RFI #25 (PCO #102).
AGREED COST: $19,506.51
19. Newhope - ASI #5.1 (PCO #104).
AGREED COST: $12,166.21
20. Added blocking Detail 10 on Sheet A64.3 per RFI #112 (PCO #105).
AGREED COST: $10,000.00
21. Storm Drain Connection Leak per RFI #98 (PCO#106).
AGREED COST: $5,990.76
22. Full replacement of the existing glulam per ASI #6 (PCO #107).
AGREED COST: $49,260.51
23. Floor Box Cover Replacement in Innovation Center per RFI #128 (PCO #108).
AGREED COST: $2,020.04
24. Restroom Accessory Revisions per RFIs #86, #96.1 & #96.2 (PCO#109).
AGREED COST: $1,602.32
TOTAL AGREED COST: $401,808.30
Page 2 of 3
�. CITY OF SANTA ANA
PUBLIC WORKS AGENCY
CONTRACT CHANGE ORDER
Project Number Project No. 22-1382, 22-1802; Newhope Library Modernization & Change Order Number 5
Delhi Library Branch Improvements
To PCN3, Inc. Contractor
You are hereby directed to make the herein changes from the plans and specifications or do the fallowing described work not included in the plans and
specifications on this contract.
NOTE:THIS CHANGE ORDER IS NOT EFFECTIVE UNTIL APPROVED BY THE CITY COUNCIL OR CITY MANAGER.
Unless otherwise stated,rates for rental of equipment cover only such time as equipment is actually used and no allowance will be made for idle time.
Change requested by PUBLIC WORKS AGENCY
The compensation both time and cost set forth in this change order comprises the total compensation due the
Contractor, all Subcontractors, and all Suppliers for all work performed per this change order, including impact
on unchanged work. By signing this change order, the Contractor acknowledges and agrees on behalf of
himself, all Subcontractors, and all Suppliers, that the stipulated compensation includes payment for all work
contained in this change order, plus all payment for interruption of schedules, extended field overhead, home
office overhead, profit, delay, and all impact, ripple effect or cumulative impact on all other work under this
Contract. The signing of this change order constitutes full mutual accord and satisfaction for all changes and
work performed on this change order, and that the time and cost paid per this change order constitutes the
total equitable adjustments owed the Contractor, all Subcontractors, and all Suppliers for all work performed
on this change order. The Contractor on behalf of himself, all Subcontractors, and all Suppliers agrees to
waive all rights, without exception or reservation of any whatsoever to file any further claim related to this
change order.
TOTAL COST THIS CHANGE ORDER: DECREASE $ INCREASE $ 401,808.30
By reason of this order the CONTRACT TIME completion will be adjusted as follows: Zero (0) Working Days
We the undersigned contractor have given careful consideration to the change proposed and hereby agree,if this proposal is approved,that we will provide
all equipment,furnish all materials,except as may otherwise be noted above,and perform all service necessary for the work above specified,and will accept
as full payment therefor the prices shown above,
Accepted,Date UNILATERAL Contractor P'CN3, Inc.
By ----- -- — -- Title ------------- ---- — —-- — — — — — -- --- ____—__
Approval recommended b Date
s ACErvcY EXE UE olREcroR
Approved by Date {o
CITY MANAGER
Attest: Date1.2�Ake-
CITY CLERK
Page 3 of 3
-• CITY OF SANTA ANA
r PUBLIC WORKS AGENCY
CONTRACT CHANGE ORDER
Project Number Project No. 22-1382, 22-1802; Newhope Library Modernization & Change Order Number 6
Delhi Library Branch Improvements
To PCN3, Inc. Contractor
You are hereby directed to make the herein changes from the plans and specifications or do the following described work not included in the plans and
specifications on this contract.
NOTE:THIS CHANGE ORDER IS NOT EFFECTIVE UNTIL APPROVED BY THE CITY COUNCIL OR CITY MANAGER.
Unless otherwise stated,rates for rental of equipment cover only such time as equipment is actually used and no allowance will be made for idle time.
Change requested by PUBLIC WORKS AGENCY
EXTRA WORK AT AGREED PRICE
1. Mop Sink, Shelving, Faucet, and FRP Installation (PCO#092).
AGREED COST: $8,351.25
2. Cracked Wood Vertical Support (PCO#111).
AGREED COST: $16,929.55
3. Clearance Adjustment for RFID Gate (PCO #113).
AGREED COST: $6,930.13
4. Type C Suspended Linear Fixture Installation (PCO #114).
AGREED COST: $12,682.01
5. New Pendant Light Fixtures (PCO #117).
AGREED COST: $19,985.16
6. Gap Between Precast Wall and Ceiling Stud (PCO #119).
AGREED COST: $7,836.36
7. Additional Stucco & Paint Between Doors N101 and N102 (PCO #120).
AGREED COST: $5,369.20
8. Curb Drainpipe Reroute (PCO #121).
AGREED COST: $15,110.31
9. Door E83 Clarification (PCO #122).
AGREED COST: $5,079.81
10. Additional Data Cable (PCO #123).
AGREED COST: $5,000.72
11. Brake Metal at SF-3 & Clerestory SF-5 (PCO #124).
AGREED COST: $9,995.41
12. Exterior Lighting Clarification & Reconnection (PCO #125).
AGREED COST: $6,870.77
Page 1 of 3
13. Low Wall Parapet Finish & Termite-Damaged Wood (T&M) (PCO #126).
AGREED COST: $4,514.04
14. Vaulted Wood Ceiling Refinishing (PCO#128).
AGREED COST: $5,876.95
15. Raceway Removal & Wall Furring (T&M Work) (PCO #129).
AGREED COST: $12,445.32
16. BMS Control Panel Power Connection (PCO #130).
AGREED COST: $2,549.01
17. FRP at Janitor Room#113 & Wire Mesh at MEP Room 136 (PCO#132).
AGREED COST: $3,765.84
18. Exterior Paint Finishes Clarification (PCO #133).
AGREED COST: $3,883.79
19. Irrigation Identification & Coordination Prior to Hardscape (T&M) (PCO #136).
AGREED COST: $14,856.44
20. Fire Alarm Monitoring Agreement (Avcom Systems Inc.) (PCO #138).
AGREED COST: $1,708,25
21. Additional CAT6 Cables-ASI#2 (PCO #142).
AGREED COST: $9,790.62
22. Brake Metal at Doors N101 & N102 (PCO #143).
AGREED COST: $1,785.16
23. Credit for Site Improvements (Asphalt, ADA Signage, Wheel Stops) Detail on Plan A01.2 (PCO
#144).
AGREED COST: ($14,000.00)
24. Fan Coil Units Shutdown Integration with Fire Alarm System (PCO#145).
AGREED COST: $6,681.30
TOTAL AGREED COST: $172,985.40
Page 2 of 3
-•► CITY OF SANTA ANA
PUBLIC WORKS AGENCY
CONTRACT CHANGE ORDER
4 -
Project Number Project No. 22-1382, 22-1802; Newhope Library Modernization & Change Order Number 6
Delhi Library Branch Improvements
To PCN3, Inc. Contractor
You are hereby directed to make the herein changes from the plans and specifications or do the following described work not included in the plans and
specifications on this contract.
NOTE:THIS CHANGE ORDER IS NOT EFFECTIVE UNTIL APPROVED BY THE CITY COUNCIL OR CITY MANAGER.
Unless otherwise stated,rates for rental of equipment cover only such time as equipment is actually used and no allowance will be made for idle time.
Change requested by PUBLIC WORKS AGENCY
The compensation both time and cost set forth in this change order comprises the total compensation due the
Contractor, all Subcontractors, and all Suppliers for all work performed per this change order, including impact
on unchanged work. By signing this change order, the Contractor acknowledges and agrees on behalf of
himself, all Subcontractors, and all Suppliers, that the stipulated compensation includes payment for all work
contained in this change order, plus all payment for interruption of schedules, extended field overhead, home
office overhead, profit, delay, and all impact, ripple effect or cumulative impact on all other work under this
Contract. The signing of this change order constitutes full mutual accord and satisfaction for all changes and
work performed on this change order, and that the time and cost paid per this change order constitutes the
total equitable adjustments owed the Contractor, all Subcontractors, and all Suppliers for all work performed
on this change order. The Contractor on behalf of himself, all Subcontractors, and all Suppliers agrees to
waive all rights, without exception or reservation of any whatsoever to file any further claim related to this
change order.
TOTAL COST THIS CHANGE ORDER: DECREASE $ --------------- INCREASE $ 172,985.40
By reason of this order the CONTRACT TIME completion will be adjusted as follows: Zero(0)Working Days
We the undersigned contractor have given careful consideration to the change proposed and hereby agree,if this proposal is approved,that we will provide
all equipment,furnish all materials,except as may otherwise be noted above,and perform all service necessary for the work above specified,and will accept
as full payment therefor the prices shown above.
Accepted,Date Ut~!(C.f4TE�RA_ Contractor PCN3, Inc.
By ----------------------- Title -------------------------------------------__.--_--------—
Approval recommended by Date �a
P INOR A CYEXECUrruEDrR
Approved by Gfti✓ Date (2-
ICITYANAL R
Attest: ;.:�_ ;: . Date
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