HomeMy WebLinkAbout01-Parks and Recreation
. CITY OF SAN BERNA~D'ko - REQU~+i~OR' COUNch~ .i~-rlON
From: Ar.nie F. Ramos - Director
Subject:
Approval of the Draft Development
Agreement for continuing construction
of Phase 1a of the Seccombe Lake State
Urban Recreation Area Project.
Dept: Parks, Recreation & Comm. Svcs.
Data: November 14, 1985
Synopsis of Previous Council action:
NONE
Recommen1ed motion:
That the Draft Development Agreement for Phase 1a Construction of Seccombe Lake
State Urban Recreation Area, be approved .
Contact person: Anni e F. Ramos
Phone:
Supporting data attached: Staff Report and Draft Agreement Ward: 2
FUNDING REQUIREMENTS: Amount:_$988,OOO
(No City Funds Involved)
Source: 1984 State Bond Act
Finance:
Council Notes:
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. CIT Y OF SAN BERNARDIhO - REQUCBT FOR COUNC!L AbollON
STAFF REPORT
The Parks, Recreation & Community Services Department received the
Draft Development Agreement for Phase la of the Seccombe Lake Project
and immediately began the review process. The draft has been reviewed by the
City Administrator, Engineering. City Attorney, and this department and it
is recommended that the draft be approved and returned to State Department
of Parks and Recreation as presented. (See attached Draft Agreement.)
The Draft will be returnee for final preparation to the State
who will in turn return the necessary copies to the City for signature
of the Mayor and Common Council. Upon completion of all signatures, the
funds for completion of Phase 1a of the project will be released and the
process for bidding the project will begin. It is anticipated that
construction will begin again in February or March 1986.
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AGREEMENT FOR DEVELOPMENT
OF THE
SECCOI'IBE LAKE STATE URBAN RECREATION AREA
:;:
This agreement, made and entered into this ___ day of ________________,
19__, by and between the State of California, acting through the Department of
Parks and Recreation (DPR) and the City of San Bernardino (City);
W I I ~ E SSE I ~:
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WHEREAS, funds were appropriated to State for working drawings and
construction for development of certain real property hereinafter described on
Exhibit "A", which exhibit is made a part hereof; and
WHEREAS, State of California may, pursuant to Section 5003 of the Public
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Resources Code, enter into contracts to provide for the development of the
State Park System and may expend funds therefor; and
WHEREAS, State has available, pursuant to Item 3790-301-721(r) and
Item 3790-311-721 (a) , Chapter 324, Statutes of 1983, reappropriated by
Item 3790-301-722(25), Chapter 258, Statutes of 1984, and reappropriated by
Item 3790-490-722(4.5), Chapter 111, Statutes of 1985, funds for the
development of park and recreational purposes of certain real property,
here;nafter described; and
WHEREAS, OPR and the City desire to enter into an agreement for the
development of certain real property in Seccombe Lake State Urban Recreation
Area, hereinafter described; and
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WIIl'HEAS, it is to the mutual benefit of the parties hereto that the City
design and construct recreational facilities on DPR lands; and
WHEREAS, the parties compensate the performance of this agreement under
Title 1, Division 7, Chapter S, Article 1, of the Government Code.
NOW, THEREFORE, in consideration of the mutual covenants contained
herein, the parties do hereby covenant and agree as follows:
1. . City shall perform 01' cause to be performed or furnish or cause to
be furnished labor, plans, equipment, materials, and supplies required for the
development of DPR land, at Seccombe Lake State Urban Recreation Area,
described on Exhibit "A", in accordance with the attached preliminary plan
marked as Exhibit "B" and Exhibit "C". All working drawings, specifications,
cost estimates, and drawing for said work prepared by 01' for City, after
approval by City, shall be forwarded to DPR for review and approval, and no
construction work shall be undertaken until so approved by DPR in writing.
For purposes of the provisions of the deed from City to State of California
for a portion of the land covered by Exhibit "A", all development improvements
to said land, made by City under this agreement; shall be deemed improvements
made pursuant to a plan approved by City.
The working drawings shall conform to the scope of, and no
substantial change 01' changes shall be made from the preliminary plans
attached as Exhibit "s" and "e" without express written approval by DPR.
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2. Costs for performance under paragraph 1 above shall be borne as
follows:
(a) DPR, the actual cost for items (excluding those included in
subparagraph (a) above) shown on the attached Exhibit "C. but not to exceed
$918,840, and the reference hereinilfter to "work" or "project" shall refer
only to the items of development the actual costs for which are to be borne by
DPR under this subparagraph.
(b) DPR, the actual cost incurred by City to furnish working
.drawings~ specifications, contract documents, and administer 'construction
contracts not to exceed $69,160.
3. (a) City agrees to complete work for said recreation facilities
through its usual procedures and through such procedures to advertise and
solicit bids in writing for such work.
"As-built" drawings for the completed
project shall be delivered to DPR within ninety (90) days after completion of
construction.
(b) All work by City under this agreement shall be completed
within ____ months from the award of the construction contract.
(c) City shall not be obligated to accept any bid for said work, or
to carry out work by its own forces, if the ~id amount or the cost estimate to
complete the particular' part of the work eHeeds the amount remaining to be
pond under this a9,'eement, after' allowidllce for prior incurred costs and
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amounts for contract administration, inspection of work, and as-built
drawings, unless this agreement is amended in writing to provide for 'such
e~cess amount.
4. Preparation of working drawings, specification and contract
documents, and construction work for development identified in paragraph 1 and
2(b) above shall be accomplished by City according to the method or in the
manner for performing such work by City as if it were proceeding
independently, e~cept as herein otherwise provided.
5. DPR agrees to pay City the actual cost incurred by City to furnish
working drawings, specification and contract documents, administer
construction contracts, and development of project. As said work progresses
in accordance with this agreement and the working drawings approved by DPR,
and upon receipt of written progress reports submitted with City invoices, DPR
shall reimburse City in monthly progress reports. The total amount payable to
the City under this agreement shall not e~ceed $988,000. To receive payment,
City shall send itemized invoices to the Department of Parks and Recreation,
Development Division, Post Office Box 2390, Sacramento, California 95811. Ten
percent (lOX) of the total amount payable under this contract shall be
withheld by DPR until the project has been audited, inspected, and deemed
completed in accordance to DPR approved working drawings and spe~ifications
and the agreement.
6. Fi~blres and improvements ere[t.d on said property, shown on
Edo1l,[t "l\", by Clty HI ilCull"'!anr;<: with send "Jerking drawing_ approved by CPR
1"!I';'Ulldf'" '~hall beC:dnw Cln "ol1lpletion Clt' tI",,,, '~I)rk a part of the realty and
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5hall be subJPc t to the terms and conditlons of the operating agreement dated
September 20, 1982 as amended.
7. DPR resel'ves the right, in addition to any other right it may have,
to inspect the work during normal working hours, at its discretion as needed
to determine that DPR's funds are being expended in accordance with the intent
of this agreement.
8. All materials, supplies, and equipment purchased with funds
reimbursed or paid by DPR under this agreement for completion of said work
(for cost items listed in subparagraph (b) in paragraph 2 above as costs to.be
borne by DPR) which are not incorporated into such rer.reational development or
consumed in the work therefor shall be retained and accounted for by City for
use in connection with such recreational development or disposal as directed
by DPR at its option. Proceeds of such disposal shall be paid to DPR upon
demand.
9. City shall strictly account for the funds disbursed by DPRto City
under this agreement. City shall maintain satisfactory financial accounts,
documents, and records relating to the cost, disbursement, and receipts with
r'espect to the work and the funds therefor and shall make them available to
DPR in City's offJ.ces for auditing at f'easonable times and shall retain them
for three years following the completion of the work, or the final payment
therefor whichever is later. The partles hereto a~ree that until three years
af b'" (mop leh on of the wor k, 01' the f ina I payment therefor, whichever is
1;,>1...,. th.?!'I. they sh"l1 be SUDJect to ('~amination and audit by the State
AtldltOf' Ge'H~rdi.
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10. Cit, hereby waives all claims and reCOUl'se against DPR includIng any
right to contrIbution for loss (Jr' damage to ppr'sons or pf'operty ariSIng from,
gl'OWln9 out of, or in any way connected wi th or incidE.>nt to work under' this
agreement except claims from the concurrent or.sole negligence of DPR or their
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officers, agents, and employees, or under paragraphs 2(bl and 5 above.
City shall to the extent it may legally do so and subject to
availability of funds, indemnify, hold harmless, and defend DPR and its
officers, agents, and employees against any and all claims, demands, damages,
costs, expenses, or liabilities arising out of the development or construction
of the property described herein except (ll for liability arising out of the
concur'rent or sole negligence of DPR or its officers, agents, and employees
which 'claims, demands, damages, or causes of action arise under Government
Code Section 895.2 or otherwise, or (2) under paragraphs 2(bl and 5 above.
In the event State of California is named as codefendant under the
provisions of the Government Code Section 895.2 et seq., City shall notify DPR
of such fact and shall defend State of California in such legal action unless
State of California undertakes to represent itself as codefendant in such
legal action in which event State of California shall bear its own litigation
costs, expenses, and attorney's fees.
In the event judgment is entered
against State of California and City because of the concurrent negligence of
said entities, their officers, agents, or employees, an apportionment of
liability to pay such judgment shall be made by a court of competent
j'Jrisdiction. Neithef' par'ty shall reque,;t a jury apportionment.
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c.ty shall require the contractor or contractors, before beginn.ng
L:Ullstructlofl hf~rein r-eferr'ed to, to obtain dnd maintain in for'ce IjtJ.r'lng the
period of construction of said recreation facilities, public liabllity
insurance in the sum of $250,000 for injury to or death of anyone person; and
$500,000 for injury to or death of more than one person; and property damage
liability insurance in the sum of $250,000. This policy or policies of
llability insurance shall contain the following special endorsements:
"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."
"This insurance policy will not be reduced or cancelled without
thirty (30) days' prior written notice to the Department of Parks
and Recreation."
"The State of California is not liable for the payment of any
premiums or assessments on this policy."
No cancellation provision in any insurance policy shall be construed in
derogation of the continuous duty of City to require such insurance to be
maintained. Said policy or policies shall be underwritten to the satisfaction
of DPR. A signed and complete certificate of insurance, with all endorsements
required by this paragraph, shall be submitted to DPR before construction work
is commenced.
At least 30 days prior to the expiration of any such policy, a signed and
complete certificate of insurance with all endorsem~nts required by this
~'al"lgr'aph sho,'Jin:J that such in<;urarh:e coverage has been renewed or extended,
'>I,a 1 be filed WJ.th DPR.
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il.. rhL, agpeement may be amended in '~r'iti.ng fpom time to ti.me by mutual
consent 0f both pap ties subject to the apppoval of the State Depaptment of
General Services.
12. Any notice, demand, op request pequired OP authopized by this
agreement to be given OP made to op upon DPR shall be deemed ppopeply given if
deliveped by ceptified mail, postage prepaid to the State of Califopnia,
Department of Papks and Recpeation, P.O. Box 2390, Sacpamento, CA 95811.
The notice, demand, or peques1: pequiped OP authorized by this
agreement to be. made to op upon City shall be deemed properly given or made if
delivered by ceptified mail, postage prepaid to City of San Bernardin~, Parks
and Recreation Department, 300 North "D" Street, San Bernardino, CA 92418.
The address to which any notice, demand, or request is to be mailed
may be changed at any time by notice given in the same manner as provided in
this article for other notices. Nothing herein shall preclude the giving of
notice by personal sepVlces.
13. Faip Employment Practices Addendum, Standard Form 3 attached hereto
is incoPPopated herein and fop the purposes of this agreement, the word
"contractor" therein shall mean City.
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IN WITNESS WHEREOF, the P31'tles have executed this instl'ument upon
the date fil'st hel'einabove appeal'ing.
STATE OF CALIFORNIA
DEPARTMENT OF PARKS AND RECREATION
By __________.____.________________
CITY OF SAN BERNARDINO
By
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Mayor'
By
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City Clerk
Approved as to for~:
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City Attol'ney
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STATE URBAN RECREATION M<<:A
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EXHIBIT -&-I
8:,/6 BudgF: t Ac t
~'COPF: for Item 3790-490-Repproprio(Jon
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The budget scope for thi s reppropri oti on ore the f 01l0Wlng:
1. Restorotion of the Adobe BUild;r,,}
2 Completion of tt',e Povilion Building
3. Completion of the Zone B
o. Um()::,C:ape Construcl.ion.
b. Instal1otion of Zone B Irrigal.ion System.
c. Instollotion of Zone B Lemdscope Plont.t1oteriol
d. Completion of Electricol Instollotion in Zone B.
4. Completion of Tot-Lot/Ploy Area.'"
The obove item~; ore within the or-iginal scope of the project ond ore
contoineej 10 the Working Drawing ond Specificotion os signed on 6/20/84,
sheets 1 tJlru 96 for Seccomtle Lake SURA for Phose lA,
"'New scope working drew10g for this ereo os prepored by the City of Son
Bernflrdi nc:.
Exhibit "A" ond US" ~;how the genen:il oreo of development for these budget
item~;
PRELIMINARY DEVELOPMENT PLAN
The de','el(,~,rrlenl plen for Ihe Se(;eombe Lake :;tele IJrt,en Aree encomr'8sse3 8 tot81 of 62.5 8cres.
n,e 181.:e i\t.elfwill occupy rouiJhllJ 14% (If thi~ \ol81. Open S~I8ce in is :or,junction 'With passiv.
use area$ 3ljeh a$ picnic area:" pedeslrian path~, 'Walkways and plaza3 ea~i1y r' ;>resent the
largest ~ingle compenenl of Ihe prop('~ed pad plan, or &1 most 62% of tolel site eree. ItCtuel
t,uildi nQ coveraQe ',.'ill be 1i mited to sliqt,n I) ,Ner 3% of perk erea and onl y roughly 9% of the
entire park ,ite will be improved 'Wilt, vetlicu16r 6CCt" and perking fecilitit~.
Ttie proposed plan succe,;sfull y accounts for a sizable majority of ell pCotential perk uses,
aclivities, er'd characlerisitics origi nally produced by the San Bernardi no community's citizens
erld interest group". The f~cilitie,' end feeture to be provided through this plan heve been
nrioritized into primary end secondary parI: tlemen'. calegories. for the mo~t part, the plan h&~
been design>d i.:round Ihe spalksl requirement:. (of the primery element,
n.ese r'ri nv,r u elernenl~ i rIel UtJt It'e late. en athletic ,'omr,le,., en,j V.w ,C.Ii.. end e major pleza.
1 ',u'" It,,'" p.l. 's ere,,; of po~sive end O"$t~ll.t1( r.rt.1~yr"ent \ncludlfl~ the maJor plazo ....ere
~, r ~yd "fOUild :,ec(('mt't lakt, and pr lrflo(lJ prc,txHtir'9 fecilitrj. Similar! Y. the msllf;:j
i' W C A foe' 'lly is 1(,(.1,(\ on \t,e p.r,. '$ e",,1 :Ide,,;t,<re il cen enjoy ~0me lunche,nel seper.\ion,
1 he ~'ri mar Ii actIve elenie.,ti Sljct: as the attilftH comple);es will be situsled in the northeast
p~rt of the perk where they \\'ill not be dIsruptive of more serene or refined pork,
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irlt' :';tu.rld,jrlJ par~:. elem~rlt~:, lnciud~:: l)v'~r 2 :' rmlE':. (:1 ped€'-:.~n1rl 'w.slb...:;jIJ:'J :l:terver~i (If,.:-r:
piiJljll!J) fleld: , 8dJOl ill rlQ plcna arll) tClt -)(ll:;, r1ij~'tln A:1oti':'. "nlj exten~lve :irr~lj (If vlslj.jl
(srntrlht~ -' or t Orfl1ifrg t.eh~'etn orllj oround HIt ~ln ITI.';!" ~J ~l,;-m~rlt~.
ThIS ~e"elor,m"r,t pl~n i$ prop'..,ed (0 undel"taker, Jr' two phase. TM phys1(:al rehabilHatlOnanG
expansion of H,e existing park'; grc,un;j, an,j a(I1\"1),,, '..'ill be accomplished in phase I, 'while the
introduction (If major nev fa(]litie~, will &,"'oit M,jjhc,nal fundHlg in Pho~'e II.
Phase I development plan 'Wa~' divided i ,,1(, H,ree area A., S an,j C
Phase 1/\ developed the fc,l1o"I1[,,) Laf:e recor,sloo:!.l(,r,., an,j It,e major entrance plaza, promenade,
perki r,g, re"troom/concessior, buildl r,g, and lar,o,,;;p ng f;)r a11 thi, area.
Phase IB, prof'ose" to develo[' the f('llowing: Basebal; corq,le;..., parking, 11alnteflerlce Feolities,
restroom/conces,.ion touilding,c(,mr,letion the pe.Je~,triar, system, informal plalJing field:; and
picnic areas, and lanctsc,;pi ng for all this area.
PMse Ie, ai ;'0 kno'l.'n a$ ttle P,;r"j]e at'ea. Hre pro~'(',elj development for th],;. area is as folloW's.
Wave pool 8[,d '.I'alerslide comp"e,- , perU n'l, 8r"j lar"j.;(,api ng for 811 this are.;. Ho'Wever, no ~181e
. funds for dtvelopment ",ill be expended for H,!" are~ This area must be funded by the City of San
Bernardino or private "oure"
Phase: I., proposes to M','el(,(,ment of the fo1io\,.'i ng: Cult.ural Center Complex, parking and
landscapi ng jorthis area HO'4'ever, no st3te fund, for development 'Will be expended for this
8re.. This 8rea must be funded to'J the Citl) of San E:er nardi r,o, or priv8te source.
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