HomeMy WebLinkAboutNB03-Parks and Recreation
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CI. OF SAN BERNARDIIO - REQU.T FOR COUNCIL A.ON
From: Anni e F. Ramos, Di rector
Subject: Reso 1 ut i on Authori zing a Development
Agreement for continuing construction of
Phase 1a development at Seccombe Lake
State Urban Recreation Area,
Dept: Parks, Recreation & Community Services
Oats: February 26, 1986
Synopsis of Previous Council, ection:
November 20, 1985 - Approved the Draft Development Agreement for continuing
construction of Phase la of the Seccombe Lake State Urban Recreation
Area project.
Recommended motion:
Adopt the resolution.
cL). /~
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SIgnature
Contact person: Annie F. Ramos
Phone: 5030
Supporting data sttached: Staff Report, Reso 1 ut ion and Agree- Ward: 2
ment
FUNDING REQUIREMENTS: Amount: $988,000 Source: 1984 Bond Act
(No City Funds involved in development.)
Finance:
Council Notes:
Pz-v:
75.0262
Agenda Item No/7't-<'j~~
CI" OF SAN BEANARD_ - REQU.T FOR COUNCIL A~ON
STAFF REPORT
The Development Agreement has been reviewed by City Administrator, City
Attorney and City Engineer and is the same agreement that was previously approved
in draft form at the November 20, 1985 Council Meeting.
Plans and sRecifications in accordance with this Development Agreement and the
amount of funds appropriated ($988,000) have been approved and need only the
approval of this Agreement to allow the construction bid process to begin.
Expeditious handling of this document at City and State offices will allow construction
to begin in April and Phase la to be completed and the lower half of the park
to be opened to the public by December 1986.
As a matter of information, the original appropriation for continuing Phase la
construction is $1 million; however, $12,000 is being used in conjunction with the
restoration of the Martin Adobe House. Thus, the amount of $988,000 remains for
development of the park,
It is recommended that the Development Agreement be approved.
75-0264
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1
RESOLUTION NO.
2
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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 Recreat' n
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
meeting thereof, held on
16 the
day of
, 1986, by the following vote,
17 to wit:
18
19
AYES:
Council Members
20 NAYS:
21 ABSENT:
22
23
24
city Clerk
The foregoing resolution is hereby approved this
day
25 of
, 1986,
26
Mayor of the City of San Bernardino
27 Approved as to
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AGREEMENT FOR DEVELOPMENT
OF THIO
SECCOW,BE LAKE STATE URBAN RECREATION ~REA
This agreement, made and entered into. this ___ day of
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19__, by: and between the St6te of. California, acting thr~ugh the Department of
Parks and Recreation (DPR) and the City of S~n ~ernardino (City:;
81
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11 I construction for development of certain real property hereinafter described on
12! Exhibit "A", which exhibit is made a part hereof; and
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141: WHERE,I\S, State of Califern;" hdS the power to enter contracts for
15~ development of the State Park System and may expend funds therefor pursuant to
l~! Public Resources Code Section 5003; and
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171
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WI T.N E S S E"T H:
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WHEREAS, funds were appropriated to State for working drawings and
181i WHEREAS, City has the power to enter into contracts for development of
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19 i the State Park System and may expend funds therefor pursuant to Government
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20 i Code Secti on 6500 et seq.; and
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22 I WHEREAS, State has available, pursuant to Item 3790-301-721(r) and
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23 I Chapter 258, Statutes of 1984, as reappropriated by Item 3790-490-722(4.5),
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24 I Chapter l11,.Statutes of 1985, funds for the development of park and
251 rec rea ti ona 1
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purposes of certain real property, hereinafter described; and
COURT PAPER
STATE or CALlrOlll,..tA
STD 'I' 'REV 8_7...
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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 \Il~tua.1. benef.it of the parties hereto that the City
6 design and construct recreational facilities on DPR lands; and
7
8 WHEREAS, t~e parties intend to jointly exercise their powers pursuant to
9, Title 1, Division 7, Chapter 5, Article 1, of the Government Code, .
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11 NOW, THEREFORE, in consideration of the mutual covenants contained
121 herein, the parties da hereby covenant and agree as follows:-
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14 I 1. City sholl 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 aftached as Exhibit "S" and "C" without express written
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21 ,approval by DPR, All working drawings, specifications, cost estimates, and
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22!'drawing for said work prepared by or for City, after approval by City, shall
2311 be forwarded to DPR for review and approval, and no construction work shall be
24 i undertaken until so approved by DPR in writing,
251
2611 2. Costs for performance under paragraph 1 above shall be borne as
27 foll ows:
COURT PAPER
.'rATJ: 0" CAL"OIlNI....
STP '13 ,PI[V .,'n,
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84 3291~
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(a) DPR, will pay the actual cost for items shown on the attached
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Exhibit "C" but not to exceed $918,840, and the reference hereinafter to
"work" or "project" sha;l refer only to the items of development which are to
be borne by DPR under this subparagraph.
5
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(b) DPR, will pay the actual cost incurred by City to furnish
7 working drawings, specifications, con~ract 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 procedures to advertise and
121 solicit
13 i projec t
bids in writing for such work. "As-built" drawings for the completed
shall be delivered to DPR within ninety (90) days after completion of
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14! construction.
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(b) All work by City under this agreement shall be completed
17 within
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months from the award of the constr~ction contract.
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(cl City shall not be obligated to accept any bid for said work, or
20 I to carry out \~ork 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
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22 I paid under this agreement, after allowance for prior incurred costs and
23 i amounts for contract admin~stration, inspection of work,
24 i drawings, un~ess this agreement is amended in writing to
2511 excess amount.
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and as-built
provide for such
COURT PAPER
STATE 0" C"'L"~"":'"
STO 113 '"EV 1.72.
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.. 319'!>
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4.
Preparation of working drawings, specification and contract
2 !docurnents, and construction work for development identified in paragraph 1 and
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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 I independently, except as herein other.wise provided.
6
7
5.
DPR agrees to pay City the ~ctual 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 DP~,
11 and upon receipt of written progress reports submitted with City invoices, DPR
121shall reimburse City in monthly progress payments; ~he total amount payable
13 [to the City under this agreement shall not exceed $93i,~oo. To receiye
"
14 'i payment, City shall send iterr,ized invoices to the [)epar:;;lcnt of Pa,-ks and
15 Recreation, Development Division, Post Office Box 2390, Sacramento,
16, California 95811. Ten percent (10%) of the total amunt payable under this
'1;'!contrac: shall be withheld by DPR until the project has been audited,
18 'I inspected, and deemed completed in accordance to DPR approved working drawings
19 land specifications and the agreement.
201
211 6. Fi xtures and improvements erected on sa i d property, shown on
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22! Exhibit "A", by City in accordance with said working drawings approved by DPR
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23 !hereunder shall become on completion of the work a part of the realty and
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24 II shall be sub~ect to the terms and conditions of the operating agreement dated
25, September 20, 1982 as amended.
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COURT PAPER
STATE 0" 1;'\1..'''01'''''1''
STO 113.IRE\' e.72.
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&:: J291~
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DPR reserves the right, in addition to any other right it may have,
2 I to inspect the work 'during normal working hours, at its discretion as needed
3 to determine that DP~'s funds are being expended in accordance with the intent
4 of this agreement.
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8.
City shall strictly account for the funds disbursed by DPR to City
7 under this agreement. City shall maintain satisfactory financial accounts,
8 documents, and records relating to. the costr disbursement, and receipts with
9 respect to the work and the funds therefor and shall make them avai~able,to
10 DPR 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 I therefor whichever is later. The parties hereto agree that until three years
13! after com?letion of the work, or the final payment therefor, whichever is
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14 · later, that they shall be subject to examination and audit by CJP~ or the State
15 Auditor General.
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9.
City hereby waives all claims and recourse against DPR including any
18 i 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
201 agreement except claims arising from the concurrent or sole negligence of D?R
211 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 DPR 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
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27 I of the property described herein except (1) for liability arising out of the
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COURT PAPER
STAT!: 0" CA.l,.lJ'C""'IA
STP 113 IREV 8.72'
~3191!l
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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
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, In the event State of eal-H{)l'nia 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 o~ California in such legal action unless
8 State of'Calffornia' undertakes to tepresent f.tself 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 judgme~t shall be made by a court" of ~ompetent
14 ijurisdiction. Neither party shall request a jury apportionment.
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151
l~., City shall require the contractor or contractors, before beginning
171construction herein referred to, to obtain and maintain in force during the
18 !period of construction of said recreation facil';~ies, public liability
19 insurance in the sum of $300,000 for injury to or death of any one perspn~ and
20 $500,000 for injury to or death of more than one person; end property damage
21 liability insurance in the sum of $100,000. This policy or policies of
insurance shall contain the following special endorsements:
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."
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COURT PAPER
STATE 0" CA\..l'OANI"
STD 113 IREV. e."12.
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-This insurance policy will not be reduced or cancelled without
thirty (30) days' prior written notice to the Department of Parks
and Recreat i on."
"The State of Californ'a is not liable for the payment of any
premiums or assessments on this policy."
No tancellation provision in. a.ny' insurance pol icy shall be construed in
6 derogation of the
7 ma inta ined. Said
8 of DPR. .A signed
9 required by this
10 is corrmenced.
11
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 constroction work
10.
This agreement may be amended in writing from time to time by mutual
11.
Any notice, demand, or request required or authorized by this
221 agreement to be gi ven or made to or upon DPR shall be deemed properly given if
231 delivered by certi fied mail, postage prepaid to the State of California,
24 Department of Parks and Recreation, P.O. Box 2390, Sacramento, CA 95811.
25
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271 agreement
The notice, demand, or request required or authorized by this
to be made to or upon City shall be deemed properly given or made if
COURT PAPER
STATE 0,. CI>.L'J'OIllN''''
STD 113 .REV 8.'72.
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84 3291~
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1 delivered by certified mail, postage prepaid to City of San Bernardino, Parks
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2 i and Recreation Department, 300 North "0" Street, San Bernardino, CA 9241B.
3'
4 The address to which an.Jt notice, ,demand, or request is to be mailed
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5 may be .changed at any time by notice'lliven in the same m~nner a.s provided in
6 this article for other notices. Nothing herein shall preclude the giving of
7 notice by personal services.
8
9 12. Fair Employment Practices Addendum, Standard Form 3 af.tacned hereto
10 is incorporated herein and for the purposes of this agreement, the word
11 I "contractor" therein shall mean City.
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14: the dote first hcr'einabove apearing.
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17 I STATE OF CALIFORNIA
iDEPARTMENT OF PARKS AND RECREATION
18i
IN WITNESS W~EREOF, the parties h!ve executei this instru~~nt
urCJlI
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19 By
20
CITY OF SAN BERNARDINO
Mayor
23
By
24 City Clerk
25,
r Approved a s to form:
261
27 !City Attorney
COURT PAPER
STATE OF' CA:.,l,.O"NIA
STD 113 lfU:V 8.72'
J-OB99Q
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FAIR EMPLOYMENT PRACTICES ADDENDUM
1. In the performance of this contract, the Contractor will not discriminate against any employee or applicant
for employment because of race, color, religion, ancestry. sex*, age*. national origin, or physical handicap.. The
Contractor will take affirmative action to ensure that applicants are employed, and that employees Ire treated
during employment, without regard to their race. color. religion, ancestry, sex*. age*, national origin, or physical
h.ndlc.p*. Such .ction sh.1I Include, but not be limited to. the following: employment. upgrading. demotion
or transfer; recruitment or recruitment advertising; layoff or termlna(lon. rates of payor other forms of compen-
sation. and selection for training, including apprenticeship. The Contractor shall post in conspicuous places. avail.
able to employees and applicants for employment, notices to be provided by the State setting forth the provisions
of this Fair Employment Practices section.
2. The Contractor will permit access to hisjher records of employment, employment advertisements. applica-
tion forms, and other pertinent data and records by the State Fair Employment Practices Commission, or any
other agency of the State of California designated by the awarding authority. for the purpose of investigation to
ascertain compliance with the Fair Employment Practices section of this contract.
3. Remedies for Willful Violation:
(a) The State may determine a willful violation of the Fair Employment Practices provisior. to have
occurred upon receipt of a final judgement having that effect from a court in an action to which
Contractor was a party, or upon receipt of a written notice from the Fair Employment Practices
Commission that it has investigated and determined that the Contractor has violated the Fair Employ-
ment Practices Act and has issued an order, under Labor Code Section 1426, which has become. final,
or obtained an injunction under Labor Code Section 1429.
(b) For willful violation of this Fair Employment Practices proviSIon, the State shall have the right to
terminate this contract either in whole or in part, and any loss or damage sustained by the State in
securing the goods or services hereunder shall be borne and paid for by the Contractor and by his/her
surety under the performance bond, if any, and the State may deduct from any moneys due or that
thereafter may become due to the Contractor, the difference between the price named in the contract
and the actual cost thereof to the State.
*See Labor Code Sections 1411 -1432.5 for further details.
STD. J (1/77)
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EXHIBIT .C.
The scope for this projeclls the fol1o,wing
1. Restoration of the Adobe Building, .
2 Completion of the Pavilion Building,
3, Completion of the Zone B . ":."- ..
a, Landscape Construction
b, Instal1at ion of Zone B Irrigation System,
c. Installation of Zo"ne B Landscape Plant Material
d. Completion of Electricallnstal1atlon in Zone.B.
4 Completion of Tot-lot/Play Area.
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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 1,
(State Designated Park Development Area IA.),
Daoe I._of exhibit "("
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