HomeMy WebLinkAbout1986-076
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RESOLUTION NO. 86-76
2 RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE
EXECUTION OF AN AGREEMENT FOR DEVELOPMENT OF THE SECCOMBE LAKE
3 STATE URBAN RECREATION AREA BETWEEN THE STATE OF CALIFORNIA AND
THE CITY OF SAN BERNARDINO.
4
BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY OF
5 SAN BERNARDINO AS FOLLOWS:
6 SECTION 1. The Mayor of the City of San Bernardino is hereby
7 authorized and directed to execute on behalf of said City an
8 agreement for development of the Seccombe Lake State Urban Recreati n
9 Area between the State of California and the City of San
10 Bernardino, a copy of which is attached hereto, marked Exhibit "An
11 and incorporated herein by reference as fully as though set forth
12 at length.
13 I HEREBY CERTIFY that the foregoing resolution was duly
14 adopted by the Mayor and Common Council of the City of San
15 Bernardino at a
regular
meeting thereof, held on
March
, 1986, by the following vote,
16 the 4th day of
17 to wit:
18
19
20
21
22
23
24
25 of
26
AYES:
Council Members Estrada, Quiel, Frazier.
Strickler
NAYS:
None
ABSENT:
Council Members Reilly, Hernandez. Marks
The foregoing resolution is hereby
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appr~edjfhis ~ day
March
, 1986.
27 Approved as to
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RESOLUTION NO. 86-76
RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE
EXECUTION OF AN AGREEMENT FOR DEVELOPMENT OF THE SECCOMBE LAKE
STATE URBAN RECREATION AREA BETWEEN THE STATE OF CALIFORNIA AND
THE CITY OF SAN BERNARDINO.
4
I BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY OF
5 SAN BERNARDINO AS FOLLOWS:
6 SECTION 1. The Mayor of the City of San Bernardino is hereby
7 authorized and directed to execute on behalf of said City an
8 agreement for development of the Seccombe Lake State Urban Recreati
9 Area between the State of California and the City of San
10 Bernardino, a copy of which is attached hereto, marked Exhibit "A"
11 and incorporated herein by reference as fully as though set forth
12 at length.
13 I HEREBY CERTIFY that the foregoing resolution was duly
14 adopted by the Mayor and Common Council of the City of San
15 Bernard ino at a
regular
meeting thereof, held on
16 the 4th day of
17 to wit:
18
19
20
21
22
23
24
25 of
Narch
, 1986, by the following vote,
AYES:
Council Members Estrada, Quiel, Frazier.
Strickler
NAYS:
None
ABSENT:
Council Mambers Reilly. Hernandez. Marks
The foregoing resolution is
Y"-.dJ .CL~~,
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hereby appr~edjfhis ~.c~ day
Harc~
, 1986.
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STATE OF CALIFORNIA
COUNTY OF SAN BERNARDINO
CITY OF SAN BERNARDINO
)
) SS
)
I, SHAUNA CLARK, City Clerk in and for the City of San
Bernardino DO HEREBY CERTIFY that the foregoing and attached
copy of San Bernardino City Resolution No. 86-76 , is a
full, true and correct copy of that now on file in this office.
IN WITNESS WHEREOF, I have hereunto set my hand and
affixed the official seal of the City of San Bernardino this
27th day of March , 1986.
By
SHAUNA CLARK
City Clerk
P~IJ,~
Deput .
STATE OF CALIFORNIA-THE RESOURCES AGENCY
GEORGE DEUKMEJtAN, Governor
DEPARTMENT OF PARKS AND RECREATION
~
P.O. BOX 2390
SACRAMENTO 95811
(916)445-4794
HAY 5 \!8i
Ms. Annie Ramos, Director
Department of Parks and Recreation
City of San Bernardino
300 North "D" Street
San Bernardino, CA 92418
Dear Ms. Ramos:
Seccombe Lake SURA
Approved Development Agreement
This is to inform you that the Development Agreement to complete Phase lA
has been approved by our Director and the Department of General Services.
Enclosed is an original and one copy of the approved Development Agreement.
The City may now proceed to bid.
However, if any changes to the working drawings or bid specifications
occur before going to bid, they must be approved by the Development
Division of the Department of Parks and Recreation.
Also, the City must not award the contract until it submits copies of a
list of bidders and the bid tabulation to the Development Division of the
Department of Parks and Recreation. We will then obtain final approval
from the Department of Finance for the City to award the contract.
If you have any questions concerning this Development Agreement, please
call Art Camacho (916)322-7270 or Gordon McDaniel (916)322-7512.
Sincerely,
"'"
Enclosures
~ rih
00 U ~D WffOO
MAY 7 1986
PARKS. RfiCREATIiJI1
&. CaWAlJfiiY SERVICES
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AGREEMENT FOR DEVELOPMENT
OF THt
SECCOMBE LAKE STATE URBAN RECREATION AREA
This agreement, made and enti!red into this 27th day of March
5 19~, by and between the State pf California, acting through the Departrr!ent of
6 Parks and Recreation (DPR) and the City of S~n Bernardino (City);
7
8
W I T'N E SSE T H:
----------
9
10 WHEREAS, funds were appropriated to State for working drawings and
11 construction for development of certain real property hereinafter described on
12 Exhibit "A", which exhibit is made a part hereof; and
13
14 WHEREAS, State of California,has the power to enter contracts for
15 development of the State Park System and may expend funds therefor pursuant to
1~. Public Resources Code Section 5003; and
17
1811 WHEREAS, City has the power to enter into contracts for development of
191 the State Park System and may expend funds therefor pursuant to Government
20 I Code Secti on 6500 et seq.; and
I
21'
22 WHEREAS, State has available, pursuant to Item 3790-301-721(r) and
23 Chapter 258, Statutes of 1984, as reappropriated by Item 3790-490-722(4.5),
I
241 Chapter lIl,Statutes of 1985, funds for the development of park and
251 recreational purposes of certain real property, hereinafter described; and
26 I ---
27
COURT PAPER
STATE 01" CALI"OIlNI'"
STO 113 . !'lEV. 8.72.
84 3291~
1 WHEREAS, DPR and the City desire to enter into an agreement for the
2 development of certain real property in Seccombe lake State Urban Recreation
3 Area, hereinafter described; and
4
5 WHEREAS, it is to the mutua,l, belief-it of the parties hereto that the City
6 design and construct recreational facilities on DPR lands; and
7
8 WHEREAS, the parties intend to jointly exercise their powers pursuant to
9 Title I, Division 7, Chapter S, Article 1, of the Government Code. .
10
11 NOW, THEREFORE, in consideration of the mutual covenants contained
12 herein, the parties do hereby covenant and agree'as follows:"
13
14
1.
City shall perform or cause to be performed or furnish or cause to
15 be furnished labor, plans, equipment, materials, and supplies required for the
16 development of DPR land, at Seccombe lake State Urban Recreation Area,
17 described on Exhibit "A", in accordance with the attached preliminary plan
18 marked as Exhibit "B" and Exhibit "C". The working drawings shall conform to
19 the scope of, and no substantial change or changes shall be made from the,
20 preliminary plans attached as Exhibit "B" and "C" without express written
21 approval by DPR. All working drawings, specifications, cost estimates, and
22 drawi n9 for said work prepared by or for City, after approval by City, shall
23 be forwarded to DPR for review and approval, and no construction work shall be
24 underta ken unt i 1 so a pproved by DPR in wri t i ng.
25
26 2. Costs for performance under paragraph 1 above shall be borne as
27 follows:
COURT PAPER
ST....TE OF C"UFQRNIA
STD 113 IRE'" e.721
-2-
64329;'5
I'
1
(a) DPR, will pay the actual cost for items shown on the attached
2 Exhibit "C" but not to exceed $918,840, and the reference hereinafter to
3 "work" or "project" shall refer only to the items of development which are to
4 be borne by DPR under this subparagraph.
5
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6
(b) DPR, will pay the actual cost incurred by City to furnish
7 working drawings, specifications, contract documents, and administer
8 construction contracts not to exceed $69,160.
9
10
3.
(a) City agrees to complete work for said recreation facilities
11 through its usual procedures and through such proced~res to advertise and
12 solicit bids in writing for such work. "As-built" drawings -for the completed
13 project shall be delivered to DPR within ninety (90) days after completion of
14 construction.
15
16
(b) All work by City under this agreement shall be completed
17 within ~ months from the award of the construction contract.
18
19
(c) City shall not be obligated to accept any bid for said work, or
20 to carry out work by its own forces, if the bid amount or the cost estimate to
21 complete the particular part of the work exceeds the amount remaining to be
22 paid under this agreement, after allowance for prior incurred costs and
23 amounts for contract administration, inspection of work, and as-built
24 drawings, unless this agreement is amended in writing to provide for such
25 excess amount.
26
27
COURT PAPER
STATE OF CALIFORNIA
STO 113 IREV 6.72;
-3-
843291:'
1
4.
Preparation of working drawings, specification and contract
2 documents, and construction work for development identified in paragraph 1 and
3 2(b) above shall be accomplished by City according to the method or in the
4 manner for performing such work by- City as .if it were proceeding
5 independently, except as herein otherwise provided.
6
7
5.
DPR agrees to pay City the actual cost incurred by City to furnish
8 working drawings, specification and contract documents, administer
9 construction contracts, and development of project. As said work progresses
10 in accordance with this agreement and the working drawings approved by DPR,
11 and upon receipt of written progress reports submitted with City invoices, DPR
12 shall reimburse City in monthly progress payments; The total amount payable
13 to the City under this agreement shall not exceed $9M;OOO. To receive
14 payment, City shall send itemized invoices to the Department of Parks and
15 Recreation, Development Division, Pos.t Office Box 2390, Sacramento,
16 California 95811. Ten percent (10%) of the total amount payable under this
17 contract shall be withheld by DPR until the project has been audited,
18 inspected, and deemed completed in accordance to DPR approved working drawings
19 and specifications and the agreement.
20
21
6.
Fixtures and improvements erected on said property, shown on
22 Exhibit "A", by City in accordance with said working drawings approved by DPR
I
23 I hereunder shall become on completion of the work a part of the realty and
241shall be subject to the terms and conditions of the operating agreement dated
25 September 20, 1982 as amended.
26
27
COURT PAPER
6T"TE OF CAl.IFOFlNIA
STD 113 iRE'" e.7,p
-4-
843291b
1 7. OPR reserves the right, in addition to any other right it may have,
2 to inspect the work -during normal working hours, at its discretion as needed
3 to determine that OPR's funds are being expended in accordance with the intent
4 of this agreement.
5
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8.
City shall strictly account for the funds disbursed by OPR to City
7 under this agreement. City shall maintain satisfactory financial accounts,
8 documents, and records relating to-the cost, disbursement, and receipts with
9 respect to the work and the funds therefor and shall make them avai~able-to
10 OPR in City's offices for auditing at reasonable times and shall retain them
11 for three years following the completion of the work, or the final payment
12 therefor whichever is later. The parties hereto agree that .until three years
13 after completion of the work, or the final payment therefor, whichever is
14 later, that they shall be subject to examination and audit by OPR or the State
15 Auditor General.
16
"
17.
9.
City hereby waives all claims and recourse against OPR including any
18 right to contribution for loss or damage to persons or property arising from,
19 growing out of, or in any way connected with or incident to work under this
20 agreement except claims arising from the concurrent or sole negligence of OPR
21 or their officers, agents, and employees.
22
23
City shall to the extent it may legally do so and subject to
24 availability of funds, indemnify, hold harmless, and defend OPR and its
25 officers, agents, and employees against any and all claims, demands, damages,
26 costs, expenses, or liabilities arising out of the development or construction
27 of the property described herein except (1) for liability arising out of the
COU RT PAPER
STATE' 0. CALIFORNIA
STD 113 rREV 8.7::
-5-
84 3:291~
1 concurrent or sole negligence of DPR or its officers, agents, and employees
2 which claims, demands, damages, or causes of action arise under Government
3 Code Section 895.2.
4
5
In the event Statll of Gal-Hornia is named as codefendant under the
6 provisions of the Government Code Section 895.2 etseq., City shall notify DPR
7 of such fact and shall defend State of California in such legal action unless
8 State of California undertakes to represent itself as codefendant in such
9 legal action in which. event State of California shall bear its own litigation
10 costs, expenses, and attorney's fees. In the event judgment is entered
11 against State of California and City because of the concurrent negligence of
12 said entities, their officers, agents, or employees, an apportionment of
13 liability to pay such judgment shall be made by a court of ~ompetent
.,
14 jurisdiction. Neither party shall request a jury apportionment.
15
16
City shall require the contractor or .contractors, before beginning
. "
17 construction herein referred to, to obtain and maintain in force during the
18 period of construction of said recreation facilities, public liability
19 insurance in the sum of $300,000 for injury to or death of anyone person. and
20 $500,000 for injury to or death of more than one person; and property damage
21 liability insurance in the sum of $100,000. This policy or policies of
22 liability insurance shall contain the following special endorsements:
23
24
25
"The State of California, their officers, employees, and agents, are
hereby declared to be additional insured under the terms of this
policy, both as to the activities of City and as to the activities
of the State, their officers, employees, and agents as related to
the activities contemplated in this agreement."
26
27
COURT PAPER
STATE 01" CAI..1FORNIA
STO 113 dIE\', 6.72>
-6-
8432915
1
"This insurance policy will not be reduced or cancelled without
thirty (30) days' prior written notice to the Department of Parks
and Recreation."
2
3
"The State of California is not liable for the payment of any
premiums or assessments on this policy."
4
6 derogation of the
7 ma inta ined. Said
8 of DPR. A signed
9 required by this
10 is corrmenced.
11
5 No cancellation provision in_a~~ insurance policy shall be construed in
continuous duty of City to require such insurance to be
policy or policies ~hall be underwritten to the satisfaction
and complete certificate of insurance, with all endorsements
paragraph, shall be submitted to DPR before construction work
12 At least 30 days prior to the expiration of any such policy, a signed and
13 complete certificate of insurance with all endorsement's' required by this
14 paragraph showing that such insurance coverage has been renewed or extended,
15 shall be filed with DPR.
16
17 10. This agreement may be amended in writing from time to time by mutual
18 consent of both parti-es subject to the approval of the State Department of
19 General Servi ces.
20
21 11. Any notice, demand, or request required or authorized by this
22 agreement to be gi ven or made to or upon DPR sha 11 be deemed properly gi ven if
23 delivered by certified mail, postage prepaid to the State of California,
24 Department of Parks and Recreation, P.O. Box 2390, Sacramento, CA 95811.
25
26
The notice, demand, or request required or authorized by this
27 agreement to be made to or upon City shall be deemed properly given or made if
COURT PAPER
STATE: OY CAl-I'ORNIA
STC 113 . REV 6.72,
-7-
B4 3291~
1 delivered by certified mail, postage prepaid to City of San Bernardino, Parks
2 and Recreation Department, 300 North "0" Street, San Bernardino, CA 92418.
3
4
The address to which an~ notice, .demand, or request is to be mailed
5 may be changed at any time by notice.~iYen in the same manner as provided in
6 this article for other notices. Nothing herein shall preclude the giving of
7 notice by personal services.
8
Nondiscrimination Clause, Standard Form l7A
9 12 . ~-f"--Em;H-o:yment-..J1Nl.c-t-k-e5--Mdenduftr,--5t~-fof'Ilt-_3- at ta ded hereto
10 is incorporated herein and for the purposes of this agreement, the word
11 "contractor" therein shall mean City.
12
13
IN WITNESS WHEREOF, the parties have executed" this instrument upon
14 the date first hereinabove appearing.
15
16
17 STATE OF CALIFORNIA
DEPARTMENT OF PARKS AND RECREATION
18
19 By If- ~~da/~ -
20
BERNARDINO
.. 21
I
22 By
"- Mayor
23
24 By I.
25
26
27 City At orney
J-0899Q
~~
By ELIZABETH y~s.
Oiel Deputy Director
COURT PAPER
$T"TE OF' C"Lr~O"NI'"
(STD 113 'REV B.721
84 3291~
-8-
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State of California - The Resources Agency
DEPARTMENT OF PARKS AND RECREATION
CERTIFICATION OF FUNDING
CONTRACT NUMBER
84-02-013
AMOUNT OF 1H IS ESTIMATE
$ 988,000.00
UNENCUMBERED BALANCE
FUND
parklands Fund of 1984
APPROPRIATION
Capital Outlay
ITEM
3790-301-722(25)
FUNCTION
LINE ITEM ALLOTMENT
84-85 00010 813
I HeAlby Certify upon my own personal knowledge that budgeted funds
ere lMIiI for is encumbrance.
B.R. NUMBER
DPR 626 lJIIV. 121B2 )
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NONDISCRIMINATION CLAUSE
(OCP - 1)
I. During the performance of this contract. contractor and its
subcontractors shall not unlawfully discriminate against any
employee or applicant for employment because of race. reli-
gion. color. national origin. ancestry. physical handicap.
medical condition. marital status. age (over 40) or sex.
Contractors and subcontractors shall insure that the evalua-
tion and treatment of their employees and applicants for
employment are free of such discrimination. Contractors and
subcontractors shall comply with the provisions of the Fair
Employment and Housing Act (Government Code. Section 12900
et seg.) and the applicable regulations promulgated thereunder
(California Administrative Code. Title 2. Section 7285.0 et
seQ.). The applicable regulations of the Fair Employment and
Housing Commission imDlementing Government Code. Section 12990.
set forth in CbDPter 5 of Division 4 of Title 2 of the Ca i-
fornia Administrative Code are incorporated into this contract
by reference and made a part hereof as if set forth in full.
Contractor and its subcontractors shall give written notice of
their obligations under this clause to labor organizations with
which they have a collective bargaining or other agreement.
2. This contractor shall include the nondiscrimination and com-
pliance proviSions of this clause in all subcontracts to perform
work under the contract.
STD. 17A (NEW S-83)
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EXHIBIT 'C'
The scope for this project is the following
1. Restorat ion of the Adobe Bu; Idmg. ._
2. Completion of the Pavilion Building. .
3. Completion of the ZoneB .....- ..
a. Landscape Construct ion.
b. Installation of Zone B Irrigation System.
c. Installat ion of Zone B Landscape Plant Material
d Completion of Electrical Installation in Zone B.
4. Complet ion of Tot-lot/Play Area
The above items contained in the Construction Documents which include
Drawing No. 6878 and Specification as approved by the City of San
Bernardino on 1/6/86, sheets 1 thru 58 for Seccombe Lake SURA Phase I,
(State Designated Park Development Area lA).
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CITY OF SAN BERNARDINO 300 NORTH "O"STREET,SANBERNARDINO,CALlFORNIA 92418
EVLYN WILCOX
Mayor
Members 01 the Common Council
Esther Estrada. . . . . . . . . . . . . First Ward
Jack Reilly............. . Second W.rd
Ralph Hernandez. ... . . . . . . . . Third Ward
Steve Marks. . . . . . . . . . . . . Fourth Ward
Gordon Qule' . . . . . . . . . . . . . Fifth Ward
Dan Frazier . . . . . . . . . . . . . . Sixth Ward
Jack Strickler . . . . . . . . . . . .Seventh Ward
March 27, 1986
Department of Parks & Recreation
Date:
Re: Seccombe Lake SURA - Resolution
Development Phase IA Zone B
To: State of California
Attenti on: Gordon McDaniel, Land Agent
We transmit to you: c==J Separately
c:x=I Enclosed
The follo\ling: A certifij!d copy of thE! rE!~nllltinn apprnving thp c1pvplnpmpnt
of Pha~E! IA lnne B.
Purpose: C=I Approved
1=x=:J For your use
L I Approved as noted c:::J
Returned for correction or
revision
I I Other:
Copies to:
=tJ/enc~o/enc
~l/enc olene
___ wlene lolene
L. ?7'?,~- .
ANNIE F. RAMOS, DIRECTOR OF PARKS, RECREATION
AND COMMUNITY SERVICES