HomeMy WebLinkAboutSANTA ANA UNIFIED SCHOOL DISTRICT 1a -2010A-2010-093-001
� 'NGRK MAY
CLERK
DA7 FEB 0 8 NH FIRST AMENDMENT TO AGREEMENT BETWEEN
CITY OF SANTA ANA AND
SANTA ANA UNIFIED SCHOOL DISTRICT REGARDING
FINANCING OF INITIAL DESIGN OF
COMMUNITY CENTER
INCORPORATING BLOCK GRANT REQUIREMENTS
Pursuant to Paragraph No. 16, Modification of that certain Agreement Between
City of Santa Ana and Santa Ana Unified School District Regarding Financing of
® Initial Design of Community Center dated June 22, 2010 ("Agreement"), the
C} City of Santa Ana ("City") and the Santa Ana Unified -School District
("District") (collectively, "Parties"; individually "Party") for good and
sufficient consideration acknowledged hereby agree to modify the Agreement by
this "First Amendment" on this 14 day of December 2010 as follows:
I. Replace the Indicated Recitals of the Agreement with the Following:
U,n C. The City wishes to pay for the architectural services of the MPR/CC pursuant
V' to the Scope of Work provided by NTD Architects, Inc. in its Proposal dated
September 24 2010, attached hereto and incorporated herein as Exhibit A.
D. The City, as an entitlement recipient and grantee of the United States
Department of Housing and Urban Development ("HUD") Community Development
Block Grant ("CDBG") Program, desires to enter this Agreement with the
District as 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 Reg's"), to pay for the architectural services for the MPR/CC,
as set forth in Exhibit A.
F. The Parties intend to later negotiate an agreement to fund the construction
of the MPR/CC between the City and the District, that the Parties will
approve separate from this Agreement ("Construction Agreement").
II. Add the Following Recital to the Agreement:
H. The Division of the State Architect ("DSA") has approval authority over the
Project and the MPR/CC. The District is required to submit the MPR/CC's
construction documents to the DSA for review and approval before it can be
bid or constructed. DSA may require changes to the MPR/CC's design that
could increase the design cost beyond that contemplated by this Agreement.
III. Replace the Indicated Provisions of the Agreement with the Following:
1. Architectural Services for MPR/CC.
A. The District shall cause the complete design of the MPR/CC and
preparation of all design drawings and construction documents, all of
which are subject to the City's approval, which shall not be unreasonably
withheld. The District or its agents or representatives shall meet and
confer with the City prior to completing construction documents for the
MPR/CC, and at reasonable intervals during the remaining design process.
Further, the District shall contract with an architect to provide
architectural services during construction and to achieve closeout
certification from DSA.
B. The Parties have agreed that NTD Architects, Inc. ("Architect") will be
the architect of record for the Project, including the MPR/CC. Architect
was chosen through a request -for -qualification process that the Parties
believe was a fair, competitive selection process consistent with
Government Code section 4529.12 and consistent with the federal rules of
procurement.
C. The City acknowledges that the District is undertaking design and
construction of the Project. The MPR/CC shall be designed substantially
to conform with the Scope of Development attached hereto as Exhibit B,
and incorporated by reference.
D. Upon completing construction and DSA certification of the MPR/CC, the
District will provide to City a complete set of record drawings of the
MPR/CC.
2. Payment for MPR/CC Architectural Services.
A. The City shall pay for the cost of architectural services from design to
DSA certification for the MPR/CC for a not -to -exceed total amount of One
Hundred Twenty -Seven Thousand Eight Hundred Twelve Dollars ($127,812).
The City shall make payment within thirty (30) days following receipt of
a proper invoice evidencing the work performed.
B. The Architect has agreed to separately invoice for completing the design
of the MPR/CC, preparation of construction documents, and construction
administration so that the Parties can determine the cost of those
efforts as part of the design of the Project.
IV. Add the Following Provisions to Paragraph 28. Terms Required Based on
CDBG Funding.:
H. Compliance with Law/Program Income. District acknowledges that the funds
being provided by City for said project are received by City pursuant to
the CDBG Program, as amended, and that expenditures of CDBG funds must be
in accordance with the CDBG Program and its requirements. Upon the
expiration of this Agreement, any unexpended CDBG funds received by
District shall be returned to City unless otherwise provided for in this
Agreement or directed by the City. District agrees to comply fully with
all federal, state and local laws and court orders applicable to its
operation. Program income means gross income received by the recipient
or a subrecipient directly generated from the use of CDBG funds. It is
the gross income from the use or rental of real property, owned by the
recipient or by a subrecipient, that was constructed or improved with
CDBG funds, less costs incidental to generation of the income.
I. Administrative Requirements/Cost Principles/Audit Standards. The
following requirements and standards of 24 CFR § 570.502 must be complied
with by the District: 24 CFR Part 85, §§ 85.3, 85.6, 85.12, 85.20,
85.21, 85.22, 85.26, 85.32, 85.33, 85.34, 85.35, 85.36, 85.37, 85.40,
85.41, 85.42, 85.43, 85.44, 85.51, and 85.52; OMB Circular A-87, Cost
Principles for State, Local, and Indian Tribal Governments; and OMB
Circular A-133, Audits of State and Local Governments. This includes
separate accounting of costs for the MPR/CC.
J. Subpart K of 24 CFR Part 570. District will carry out its activities in
compliance with the requirements of Subpart K of 24 CFR Part 570;
however, District does not assume the City's environmental
responsibilities or the responsibility for initiating the environmental
review process under 24 CFR Part 52 or City's responsibilities under 24
CFR § 570.604.
K. Reversion of Assets.
1. Upon the expiration of this Agreement, District 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 as required b 24 CFR § 570.503(b)(7).
2. Per 24 CFR § 570.503(b)(7), any real property under the District's
control that was acquired or improved in whole or in part with CDBG
funds in excess of $25,000.00 must either be:
a. Used, where City has given written approval, to meet one of the
national objectives stated in 24 CFR § 570.208 until five (5) years
after expiration of this Agreement, or for such longer period of
time as determined to be appropriate by City; or
b. If not used in accordance with subparagraph (a) above, District
shall pay to City an amount equal to the current market value of the
acquired property or improvement, as the case may be, less any
portion of the value attributable to the expenditure of non-CDBG
funds for acquisition of, or improvement to, the property.
3. Subject to the obligations set forth herein, title to equipment
acquired under the terms of this Agreement will vest upon acquisition
in District. When said equipment which has been acquired in accordance
with this Agreement and all applicable regulations are no longer needed
for said program, disposition of said equipment will be made as
follows:
a. 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.
b. Items of equipment with a current per unit 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 CDBG funds
expended to acquire the equipment, in accordance with 24 CFR §
85.32 (e) (2) .
4. If any real property acquired or improved by CDBG funds is not used in
accordance with one of the national objectives in 24 CFR § 570.208
after five years of expiration of this Agreement, the District shall
pay to City an amount equal to the current market value of the property
less any portion of the value attributable to expenditures of non-CDBG
funds.
5. District's obligations and responsibilities set forth in this paragraph
28 and other requirements pertaining to CDBG funding 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.
6. The District shall retain all records pertaining to this Agreement for
at least four years after final payment by the City and closure of all
other pending matters as required by 24 CFR §§ 85.36(i)(11) and 85.42.
V. Add the following provisions to the Agreement:
29. Character of City's Funding For MPR/CC Design Services.
A. The City represents and warrants that the funds it provides to the
District for this Project are not pursuant to Community Redevelopment Law
(Health & Safety Code, § 33000 et seq.). The Parties understand and agree
that the City and the Santa Ana Community Redevelopment Agency are
separate legal entities and the Santa Ana Community Redevelopment Agency
is not a Party to this Agreement. The City shall not, and shall use its
authority and best efforts to ensure that the Santa Ana Community
Redevelopment Agency shall not, take, cause, or support any action that
would be contrary to the provisions of this paragraph A.
B. To the extent that any person or entity with proper jurisdiction takes
any action to characterize or classify any of the funds the City provides
to the District for the Project pursuant to this Agreement as being
either part of or an offset to any "pass through" payment (pursuant to
Health & Safety Code, §§ 33607.5, 33607.7, and 33676), revenue limit
payment, payment from any Education Revenue Augmentation Fund, and/or in -
lieu payment (pursuant to agreement) that would otherwise be due and
owing to the District, the City shall, at its expense, use its best
efforts to assist and cooperate with the District in the District's
defense against and challenge to any such action. This paragraph B shall
survive the termination of this Agreement.
C. The City represents and warrants that CDBG funds applied to this Project
are appropriate under federal law. The City shall promptly review the
MPR/CC's designs, procurement for construction, progress of construction,
and District administrative processes and provide the District with
direction on any administrative procedures, documentation, and/or
processes required to ensure that the MPR/CC complies with all CDBG
requirements. To the extent that CDBG funds are nonetheless deemed to be
misapplied to this Project including the failure to use the buildings in
accordance with one of the national objectives in 24 CFR § 570.208, by
HUD, any State or Federal agency, or any court of competent jurisdiction
and CDBG funds for the MPR/CC are disgorged from the District, the City
shall make the District whole by reimbursing the District within a
reasonable time for any of its damages, fines, penalties, or losses of
any kind.
D. This paragraph 29 shall survive the termination of this Agreement.
District represents and warrants that it shall not knowingly misapply
funding provided hereunder or knowingly use such funds for any
unauthorized uses.
VI. Effective Date. This First Amendment must be executed by both Parties and
approved or ratified by the City's City Council and the District's Board of
Trustees. This Agreement shall be effective upon the later date of approval of
either the City Council or the Board of Trustees.
VII. Agreement Terms. All other terms and conditions of the Agreement shall
remain in full force and effect.
ACCEPTED AND AGREED on the date indicated below:
City of Santa Ana
Dated: r' ��' J, 20�
Print Name: Maria D. Huizar
Print Title:Clerk of the City Council
Dated: FEB 0 4 20
By:
Print Name: David N. Ream
Print Title:City Manager
Approved as to Form
Dated:_ �/2-5 20�
By:
Print Name: Joseph W. Fletcher, City
Attorney
Print Title:By Lisa E. Storck,
Assistant City Attorne
Santa Ana Unified School
District
Dated: /— /0 —,
Print Name: Joe Dixon
20 %i
Print Title:Assistant Superintendent,
Facilities & Governmental
Relations
Dated: l !J 20 /O
By: '
Print Name: Michael P. Bishop, Sr.
Print Title:Associate Superintendent
Business Services
Approved as to Form
Dated: / 2011
By:
Print Name: Philip J. Henderson
Print Title:Attorney, Orbach Huff &
Suarez
EXHIBIT A
tr,r +ilyr< �t�rtr
Rev. September 24, 2010
Tova K Gorman, Facilities Planner
Santa Ana Unified School District
6101 E. Chestnut Avenue
Santa Ana, CA 92701
Subject: Garfield Elementary School
Community Center
NTD No. 2010-0082-00
Dear Tova,
Vie: ;1ova.CornigIjC)SAU5l7,US
Thankyou for your letter of December 22, 2000awarding this project to NTD
Architecture.
We understand the scope of work for this Community Center project to include the
following:
1. Anew 2-story 10,000 sf Community Center, Project will be a joint use building
with the City of Santa Ana. The Santa Ana USD will be our client. A specific
project program is being developed,
2. Related site work
The estimated construction cost for this project is $1,875,000
The project schedule Is pending development of a project program.
We are prepared to proceed with this project based on a phased percentage of
construction fee. This fee will be based on 6.75% times the cost of the Building plus
8.0%« times the cost of Site work. At this point we are assuming a total construction
budget of $2,600,000. This is assumed to breakdown as:
Site $100,000 x 8.00% = $ 8,000
Building $1,775,000 x 6.75% . 118 812
Total $127,812
This fee baSls and total fee will be adjusted as cost estimate updates are approved by
the District. The fee basis and fee will be adjusted at the time of bid. ItWillalso be
adjusted for additive change orders that are not the result of A/E orrors or omissions.
...cont/2
056 overland court, Suite 100, van Dimas, Gallfamia 01773-1718 P000/450.21E0 P 000/692.6163 erw}�,yitd .tp
$5a Nepo 0 1:os Anpalas o Arihurn 0 Sam s VNwiia o phoenix t+ Tucson
AR( _'41T[c IORL
Rev; August 10, 2010
Tova K. Carman, Facilities Planner
Garfield CS - Community Center
Our fee will he invoiced monthly as work progresses within the following phases:
1.
Sohenatic Design
19%
$24,284
2.
Design Development
13%o-
19,172
3.
Construction Documents
38%
48,669
4.
Agency
6%
6,391
B.
13101 /Award
3%
3,834
6,
Construction Administration
20%
25 562
100%
$127,812
This proposal is based on using the District's Agreement Form that we used for the ORG
projects. Please send agreements for signature so that we can get our consultants under
contract.
Please let me know if you have any questions regarding this proposal,
Sincerely;
Cc: Jim Cordova, NTD
Sharon Bolls, NTD
Wendy Nord, NTD
Cxhibit H
::Description of the MPR/CC
ATB: STROET