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RESOLUTION NO.
87-35
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 (PHASE Ib) 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
9 Recreation Area (Phase lb) between the State of California and
10 the City of San Bernardino, a copy of which is attached hereto,
1] marked Exhibit "A" and incorporated herein by reference as fully
12 as though set forth 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
16 the 2nd
17 to wit:
day of
February
, 1987, by the following vote,
18
19
20
21
22
23
24
AYES:
Council Members Estrada, Reilly, Hernandez,
Strickler
NAYS:
None
ABSENT:
Council Members Quiel, Frazier
The foregoing resolution
~~~~
/ City Clerk
is)l. rr~;y appro11 t~i: ~t-~ day
~~~~ / rJUrL
Mayor of the City of San Bernardino
25 of
February
, 1987.
26
27 Approved as to form:
28
//. ~O
/~ ~/
City ttorney
1/28/87
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1
AGREEMENT FOR DEVELOPMENT
OF
SECCOMBE LAKE STATE URBAN RECREATION AREA
2
3
4
5
6
7
THIS AGREEMENT, made and entered into this .!!!!!- day of ;Ce"OIlVfill-,/
8 19.Jil, by and between the State of California, acting through the Department
9 of Parks and Recreation (DPR), and the City of San Bernardino (City);
10
11
WIT N E SSE T H:
121
13
WHEREAS, State of Cal i fornia may, pursuant to Section 5003 of the
14 Public Resources Code, enter into contracts to provide fc
15 the State Park System and may expend funds therefor; and
161
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I
17
WHEREAS, State has available, pursuant to Item
18 Budget Act of 1986, as added by Chapter 1488, Statutes of .&.JUV, IUIIU;:' lur -cne
19 development of park and recreational purposes of Seccombe Lake State Urban
20 Recreation Area, subject to conditions precedent to encumbrance which are
21 fu 1 fi 11 ed by Amendment No. 4 to the Ope ra t i ng Ag reement or i g i na 11 y en te red
22 September 30, 1982, the Amendment No.4 being of even date herewith; and
23
24
WHEREAS, DPR and the City desire to enter into an agreement for the
25 development of certain real property in Seccombe Lake State Urban Recreation
26 Area, here i na fter descri bed; and
27
COURT PAPER
STATE OF CAI.IFORNIA
STD. 113 (REV. 8.72)
8~ 34769
,..,
1
WHEREAS, it is to the mutual benefit of the parties hereto that the
2 City design and construct recreational facilities on DPR lands; and
3
4
WHEREAS, the parties contemplate the performance of this agreement
5 under Title 1, Division 7, Chapter 5, Article 1, of the Government Code; and
6
7
VJHEREAS, it is understood that the scope of the project has been
8 reduced and the Department of Parks and Recreation and the City hereby agree
9 that the general boundary and proposed improvements will be reduced to reflect
10 this change in scope.
11
12
NOW, THEREFORE, in consideration of the mutual covenants contained
13 herein, the parties do hereby covenant and agree as follows:
14
15
1.
City shall perform or cause to be performed or furnish or cause to
16 be furnished labor, plans, equipment, materials, and supplies required for the
17 development of DPR land, at Seccombe Lake State Urban Recreation Area,
18 described on Exhibit "A", in accordance with Attachments "BII and IICII of the
19 preliminary plan. All working drawings, specifications, cost estimates, and
20 drawings for said work prepared by or for City, after approval by City, shall
21 be forwarded to DPR for review and approval, and no construction work shall be
22 undertaken until so approved by DPR in writing. For purposes of the
23 provisions of the deed from City to State of Cali fornia for a portion of the
24 land covered by Exhibit "All, all development improvements to said land, made
25 by City under this agreement, shall be deemed improvements made pursuant to a
26 plan approved by City.
27
COURT PAPER
ST....TE OF C....LIFORNIA
STD. 113 (REV. 8.72)
8S 34 769
2
,....
COURT PAPER
STATE OF CALIFORNIA
STD, 113 (REV. 8.72\
8G 34769
1
The wor..king drawings shall confonn to the scope of, and no
2 substantial change or changes shall be made from, the development plans to be
3 prepared by the City wh ich shall incorporate the proposed improvements shown
4 on the' preliminary plan.
5
6
2.
Costs for perfonnance under paragraph 1 above shall be borne as
7 fo 11 0 ws :
8
9
(a) DPR will pay the actual cost incurred by City to furnish
10 development plans, working drawings, specifications, contract documents, and
11 administer construction contracts not to exceed $246,800.
12
tb) DPR will pay the actual construction costs for items shown on
14 Attachment "C" but not to exceed $2,083,608, and the reference hereinafter to
13
15 "work" or "project" shall refer only to the items of development which are to
16 be borne by DPR under th is paragraph.
17
18
(a) City agrees to complete work for said recreation facilities
t
3.
19 through its usual procedures and through such procedures to advertise and
20 solicit bids in writing for such work. liAs-built" drawings for the completed
21 project shall be delivered to DPR within ninety (90) days after completion of
22 construction.
23
24
(b) All work by City under this agreement shall be completed within
25 12 months from the award of the construction contract.
26
27
3
"
1
(c) City shall not be obl i gated to accept any bid for sa id work, or
2 to carry out work by its own forces, if the bid amount or the cost estimate to
3 complete the particular part of the work exceeds the amount remaining to be
4 paid under this agreement, after allowance for prior incurred costs and
5 amounts for contract administration, inspection of work, and as-built
6 drawings, unless this agreement is amended in writing to provide for such
7 ex ce s s a mo un t .
8
9
4.
Preparation of develqpment plans, working drawings, specification
10 and contract documents, and construction work for development identified in
11 paragraphs 1 and 2(a) and (b) above shall be accomplished by City according to
12 the method or in the manner for performing such work by City as if it \'/ere
13 proceeding independently, except as herein otherwise provided.
14
15 5. DPR agrees to pay City the actual cost incurred by City to furnish
16 development plans, working drawings, specification and contract documents,
17 administer construction contracts, and development of project. As said work
18 progresses in accordance with this agreement and the development plans and
l
19 working dra\'Iings approved by DPR, and upon receipt of written progress reports
20 submitted with City invoices, DPR shall reimburse City in monthly progress
21 payments. The total amount payable to the City under this agreement shall not
22 exceed $2,330,408. To receive payment, City shall send itemized invoices to
23 the Department of Parks and Recreation, Development Division, Post Office
24 Box 942896, Sacramento, California 94296-0001. Ten percent (10%) of the total
25 amount payable under this contract shall be withheld by DPR until the project
26 has been audited, inspected, and deemed completed in accordance to DPR
27 approved working drawings and specifications and the agreement.
COURT PAPER
STATE OF CAl.IFORNI"
STD, 113 (REV, 6.721
85 34769
4
1
6.
Fi xtures a nd improvements erected on sa id property, shown on
2 Exhibit "A", by City in accordance with said working drawings approved by OPR
3 hereunder shall become on completion of the work a part of the realty and
4 shall be subject to the terms and conditions of the operating agreement dated
5 September 30, 1982 as amended.
6
7
7.
OPR reserves the right, in addition to any other right it may have,
8 to inspect the work during normal working hours, at its discretion as needed
9 to determine that OPRIS funds are being expended in accordance with the intent
10 of this agreement.
11
12
8.
All materials, supplies, and equipment purchased with funds
13 reimbursed or paid by OPR under this agreement for completion of said work
14 (for cost items listed in subparagraphs (a) and (b) in paragraph 2 above as
15 costs to be borne by OPR) which are not incorporated into such recreational
16 development or consumed in the work therefor shall be reta ined and accounted
17 for by City for use in connection with such recreational development or
18 d i s po s a 1 a s d ire c te d by 0 PR at. its 0 P t ion.
I
i
,
Proceeds of such disposal shall be
19 pa i d to OPR upon dema nd.
20
21
9.
City shall strictly account of the funds disbursed by OPR to City
22 under this agreement. City shall maintain satisfactory financial accounts,
23 documents, and records relating to the cost, disbursement, and receipts with
24 respect to the work and the funds therefor and shall make them available to
25 OPR in City's offices for auditing at reasonable times and shall reta in them
26 for three years following the completion of the work, or the final payment
27 therefor whichever is later. The parties hereto agree that until three years
COURT PAPER
STATE OF CALIFORNIA
STD. 113 (REV. 8.72)
8S 34769
5
1 after completion of the work, or the final payment therefor, whichever is
2 later, that they shall be subject to examination and audit by the State
3 Au d it 0 r Ge n e ra 1 .
4
5
10. City hereby waives all claims and recourse against DPR including any
6 right to contribution for loss or damage to persons or property arising from,
7 growing out of, or in any way connected with or incident to work under this
8 agreement except claims arising from the concurrent or sole negligence of DPR
9 or their officers, agents, and employees, or under paragraphs 2(a) and (b) and
10 5 above.
11
12
City shall, to the extent it may legally do so and subject to
13 availability of funds, indemnify, hold harmless, and defend DPR and its
14 officers, agents, and employees against any and all claims, demands, damages,
15 co s t s , expenses, or liabilities arising out of the development or construction
16 of the property described herein except (1 ) for liability arising ou t 0 f the
17 concurrent or sole negligence of DPR or its officers, agents, and employees
18 which cla ims, demands, damages;, or causes of action arise under Government
t
19 Code Section 895.2 or otherwise, or (2) under paragraphs 2(a) and (b) and 5
20 above.
21
22
In the event State of Cali fornia is named as codefendant under the
23 provisions of the Government Code Section 895.2 et seq., City shall notify DPR
24 of such fact and shall defend !State of California in such legal action unless
25 State of California undertakes to represent itself as codefendant in such
26 legal action in which event Stae of California shall bear its own litigation
27 costs, expenses, and attorney's fees. In the event judgment is entered
COURT PAPER
STATE OF CAL.IFORNIA
STD. 113 (REV. 8.721
8S 34769
6
COURT PAPER
STATE OF CALIFORNIA
I :::7~:3 "" ,'"
c=-
1 against State of California and City because of the concurrent negligence of
2 said entities, their officers, agents, or employees, an apportionment of
3 liability to pay such judgment shall be made by a court of competent
4 jurisdiction. Neither party shall request a jury apportionment.
5
6
City shall require the contractor or contractors, before beginning
7 construction herein referred to, to obtain and maintain in force during the
8 period of construction of said recreation facilities, public liability
9 insurance in the sum of $300,000 for injury to or death of anyone person; and
10 $500,000 for injury to or death of more than one person; and property damage
11 liability insurance in the sum of $100,000. This policy or policies of
12 liability insurance shall contain the following special endorsements:
13
14
liThe State of California, their officers, employees, and agents are
15
hereby declared to be additional insured under the terms of this policy,
16
both as to the activities of City and as to the activities of the State,
17
their officers, employees, and agents as related to the activities
18
con temp 1 a ted in th is ag re1ment. II
19
20
"This insurance policy will not be reduced or cancelled without
21
thirty (30) days' prior written notice to the Department of Parks and
22
Recreation. II
23
24
liThe State of Califo~nia is not liable for the payment of any
25
premiums or assessments on this policy."
26
27
7
....
1 No cancellation provision in any insurance policy shall be construed in
..
2 derogation of the continuous duty of City to require such insurance to be
3 ma lnta ined. Said policy or policies shall be underwritten to the satisfaction
4of.DPR. A signed and complete certificate of insurance, with all endorsements
5 required by this paragraph, shall be submitted to DPR before construction work
6 is commenced.
7
8 At least 30 days prior to the expiration of any such policy, a signed and
9 complete certificate of insuranCe with all endorsements required by this
10 paragraph showing that such insurance coverage has been renewed or extended,
11 s ha 11 be fi 1 ed with D PR .
12
13 11. This agreement may be amended in writing from time to time by mutual
14 consent of both parties subject to the approval of the Sta te Department of
15 Gene ra 1 Se rv ice s .
16
17 12. Any notice, dema nd , or request required or authorized by this
18 ag reement to be given or made to or upon DPR shall be deemed properly given if
19 delivered by certi fied mail, postage prepaid to the State of Cali fornia,
20 Department of Parks and Recreation, P.O. Box 942896, Sacramento, CA
21 94296- 0001 .
22
23
The notice, demand, or request required or authorized by this
24 agreement to be made to or upon City shall be deemed properly given or made if
25 delivered by certified mail, postage prepaid to City of San Bernardino, Parks
26 and Recreation Department, 300 North "011 Street, San Bernardino, CA 92418.
27
COURT PAPER
STATE OF CALIFORNIA
STD. 113 (REV. 8-72)
85 34769
8
1
The address to which any notice, demand, or request is to be mailed
2 may be changed at any time by notice given in the same manner as provided in
3 this article for other notices. Nothing herein shall preclude the giving of
4 not ice. by persona 1 se rv ice.
5
6 13. Fair Employment Practices Addendum, Standard Form 17A attached
7 hereto, is incorporated herein and for the purposes of this agreement, the
8 word "contractor" therein shall mean City.
9
10
IN WITNESS WHEREOF, the parties have executed this instrument upon
11 the date first hereinabove appearing.
12
13
15
-~.--~-_....._-..". -. .....",.-,. .......... .__...._-~
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I By ',Uo',.i.T.' I
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14 STATE OF CALIFORNIA
DEPARTMENT OF PARKS AND RECREATION
16 By . .~!<.. ~<-~~
1 7 t/'j'"'" -----;r--
18
19 CITY OF SAN BERNARDINO
J
~
/11
20
1
State of California - The Resources Agency
DEPARTMENT OF PARKS AND RECREATION
CERTIFICATION OF FUNDING
AMOUNT OF THIS ESTIMATE
$ 2,330,408.00
UNENCUMBERED BALANCE ITEM 1) *
CONTRACT NUMBE R
84-07-001
ADJ. INCREASING ENCUM-
BRANCE
ADJ. DECREASING ENCUM-
BRANCE
$
, Herebv Certify upon my own personal knowledge that budgeted funds
are avai Ie r this encumbrance.
DPR 526 ~ev. 12/82 )
NONDISCRIMINATION CLAUSE
(OCP - 1)
1. 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 imQlementing Government Code~ Section l2990~
set forth in Chapter 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 thisiclause in all' subcontracts to perform
work under the contract. .
STD. 17A (NEW 5-83)
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EXHIBIT "e"
The scope for this phase 1 B project is the following:
1. Belle street to open to 7th street.
2. Provide 122 parking spaces near the end of 7th street.
, 3. Provide a new baseball field adjacent to the existing field. Renovate
existing baseball fjeld.
4. The Bui1ding know as the community center, approximately 6,000 sq. ft.
for larger activity space such as crafts, photography; paifltlng,
ceramics for adults and youth community.
5. Provide 7th street and Be l1e street improvements.
6. Provide a maintenance facH ity.
7. Baseball concession building.
8. Restroom Bui lding.
9. Relocate existing bulter building for maintenance bundi~g.
10. Provide a 125 parking lot near the sierra way and 6th street.
The above items shall be contained in the Construction Documents and
specificat ion.
"