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HomeMy WebLinkAbout20-Parks & Rec CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION Date: December 8, 2005 Subject: RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AUTHORIZING THE MA YOR OR HER DESIGNEE TO EXECUTE TWO CONTRACTS WITH THE COUNTY OF SAN BERNARDINO FOR THE PERRIS HILL SENIOR CENTER EXPANSION PROJECT IN THE AMOUNT OF $550,000 AND TO INSTALL WATER PARKS AT (3) FORMER WADING POOL SITES IN THE AMOUNT OF $400,000. MICC Meeting Date: December 19, 2005 From: Lemuel P. Randolph, Director Dept: Parks, Recreation & Community Services Dep!. Synopsis of Previous Council Action: None Recommended Motion: Motion 1: Adopt Resolution Motion 2: Authorize the Director of Finance to amend the FY 05-06 budget for the Perris Hill Senior Center Expansion (243-363-5504-7494) by increasing revenue account 243-000-4651 by $550,000; increasing revenue account 243-000-4620 by $73,700; increasing expenditure account 243-363-5504-7494 by $373,700; and place the $250,000 of Park Construction funds originally anticipated to be used for this project back into fund balance to be used for other projects in the future. Motion 3: Authorize the Director of Finance to amend the FY 05-06 budget by increasing revenue account 243-000-4651 in the Park Construction Fund by $400,000 and increase the Park Construction expenditures in account number 243-363-5504-7440 for the water park project as outlined in tile staffreportc //-~~~re~' , . (/_./ Contact person: Lemuel P. Randolph Phone: 5030 Supporting data attached: ~t~ffrpnnrt re<;n hll(h>e1 ;;. cnnfr:1c.t Ward: City-wide FUNDING REQUIREMENTS: Amount: $873,750 I $400,000 Source: (Acct. No.) 243-363-5504-7494/243-363-5504-7440 (Acct. Description) Park Construction Fund Finance: Council Notes: Agenda Item No. :ro J"-/11/{$ CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION Staff Report Subject: Resolution of the Mayor and Common Council of the City of San Bernardino authorizing the Mayor or her designee to execute two Contracts with the County of San Bernardino for the Perris Hill Senior Center Expansion Project in the amount of $550,000 and to install water parks at (3) former wading pool sites in the amount of $400,000. Background: The County of San Bernardino has agreed to provide one-time financial support to the City of San Bernardino for two special projects. Attached are two contracts with the County of San Bernardino for those projects. The first project is for the Perris Hill Senior Center Expansion Project in the amount of $550,000 and the other project is a water park project located at Lytle Creek Park, Perris Hill Park and Wildwood Park in the amount of $400,000. The current estimated cost of the Perris Hill Senior Center Expansion Project is $873,750. The County will fund $550,000, a RBZ grant for $251,000 and an U.S. Department of Housing and Urban Development Initiative Special Purpose Grant will fund $72,750. The exhibit "A" attached to the county contract for the Perris Hill Senior Center Expansion Project discloses the anticipated timeline for this project, which indicates that bidding process should begin January 2006 and the completion of this project as June 2007. The Perris Hills Senior Center Expansion Project will expand the existing multi-purpose room an additional 2,500-sq. ft. The project will include renovating the existing restrooms to comply with ADA requirements, extending the lobby entrance, and installing a new entrance from the existing multi- purpose room to 2151 Street. The estimated cost for the water parks is $400,000. These facilities will provide a safe water play experience at substantially reduced operations and maintenance costs compared to that of the wading pools. The exhibit "A" attached to the county contract for the Water Park Project disclosed the anticipated time line for this projecl, \\ :lich indicates that preparation of the RFP to begin December 2005 and completion of this project as November 2006. Upon approval of these contracts from the Mayor and Common Council the Parks, Recreation and Community Services Department will expedite the bidding process. Financial Impact: Both the Perris Hill Senior Center Project and the Water Park Project will both be fully funded from funds received from the County and grants. There is no impact to the City's General Fund for either of these projects. Two budget amendments are needed to properly set up the revenue and expense budgets for both projects. "iroa,;.,,:;r '+ ) YL Z-O If) 1'1 /c?S- Motion 1: Recommendation: Motion 2: Motion 3: Adopt Resolution. Authorize the Director of Finance to amend the FY 05-06 budget for the Perris Hill Senior Center Expansion (243-363-5504-7494) by increasing revenue account 243-000- 4651 by $550,000; increasing revenue account 243-000-4620 by $73,700; increasing expenditure account 243-363-5504-7494 by $373,700; and place the $250,000 of Park Construction funds originally anticipated to be used for this project back into fund balance to be used for other projects in the future. Authorize the Director of Finance to amend the FY 05-06 budget by increasing revenue account 243-000-4651 in the Park Construction Fund by $400,000 and increase the Park Construction expenditures in account number 243-363-5504-7440 for the water park project as outlined in the staff report. III ;<.1 III .' C i 1. ~; III I :~(J i //1 /~ .. III 'i,i, _'.h III 2/1 III I" ....".. " ~~G III :~7 III (;0 j.'", , ~ i :'1 I lG: I '."Ii (1 I , , j:!: .. ':~ ! :." .'v <'. ,. - > i I I Iii II " :2 I RESOLUTION NO. RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERt'lARDINO AUTHORIZING THE MAYOR OR HER DESIGNEE TO EXECUTE TWO CONTR<\CTS WITH THE COUNTY OF SA:"I BERNARDINO FOR THE PERRIS HILL SENIOR CENTER EXPANSION PROJECT IN THE AMOUl\T OF $550,000 AND TO INSTALL WATER PARKS AT (3) FORMER WADING POOL SITES IN THE AMOUNT OF $400,000. " o 4 5 u BE IT RESOLVED BY THE :\IA YOR AND COMMON COUNCIL OF THE -, CITY OF SAN BERNARDINO AS FOLLOWS: ;,1 ,) ! SECTION 1. Resolution of the Mayor and Common Council of the City of San > Bernardino authorizing the Mayor or her designee to execute two Contracts with the County of San Bernardino for financial assistance for the Perris Hill Senior Center Expansion Project in the amount of S550.000 and a Water Park project in three parks in the amount of $400,000. A copy of said agreement is attached hereto as ATTACHMENTS "A" and "B" and incorporated hercin by reference in its entirety. SECTIO:"l 2. The authorization granted hereunder shall expire and be void and of no further effect if the Agreement is not executed by both parties and returned to the offiee of the City Clerk within one hundred twenty (120) days following the effective date of the resolution. Ljto.2q J- I~ Iii/Oj i I meeting thereof, held on the r. \'ote, to wit: ( ~ Council Members: AYES r, " ESTRADA H' .'\/ II LOJ\:GVILLE L~ MCGIN'NIS ,',' DERRY , . ,-, KELLEY , , RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AUTHORIZING THE MAYOR OR HER DESIGNEE TO EXECUTE TWO CONTRACTS WITH THE COUNTY OF SAN BERNARDINO FOR THE PERRIS HILL SENIOR CENTER EXPANSION PROJECT IN THE AMOUNT OF $550,000 AND TO INSTALL WATER PARKS AT (3) FORMER WADING POOL SITES IN THE AMOUNT OF $400,000. '2 I c I I i , I I u I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor I and Common Council of the City of San Bemardino at a day of . 2005, by the following NAYS ABSTAIN ABSENT !.,.'; .'-;1 ,. . i: JOHNSON !I -'-!I . r, I ~ :,' , ! . ~" f I'., ~ ,-,.... L,d ,~- J ,'oJ. i: IvrC CAMMACK Rachel G. Clark, City Clerk The foregoing resolution is hereby approved this day of 2005. 'I Judith Valles. Mayor City of San Bemardino Approved as to Fonn and legal content: JAMES F. PENMAN, ;,,;, City Attomey ~~ :) ::~7 :?s \ By: } . ---~.~- ".' .).' - ATTACHMENT "A" -~ ! __~o,'~,,:::-I \."""""":;>:} """0.,.'. ., \<'7:., y( '<:;Y E x New Vendor Code Depl Contract Number M Change SC CLB A X Cancel County Department Depl Orgn. Contractor's License No. Countv Administrative Office County Department Contract Representative Ph. Exl. Amount of Contract Gerry Newcombe 387-9046 $550,000 Fund Depl. Organization Appr. Obj/Rev Source Activity GRC/PROJ/JOB Number CJV CIP 6640 . 4030 Commodity Code Estimated Payment Total by Fiscal Year FY Amount 110 FY Amount 110 Project Name - - City of San Bernardino - - Perris Hills Sr. Ctr. Expansion Project - - FOR COUNTY USE ONL Y County of San Bernardino FAS STANDARD CONTRACT THIS CONTRACT is entered into in the State of California by and between the County of San Bernardino, hereinafter called COUNTY. and Name City of San Bernardino Address 547 N. Sierra Way San Bernardino, CA 92410 Phone Birth Date (909) 384-5233 Federal ID No. or Social Security No. hereinafter called CITY IT IS HEREBY AGREED AS FOLLOWS; (Use space below and additional bond sheets. Set forth service to be rendered, amount to be paid. manner of payment, time for pefiormance or completion, determination of satisfactory performance and cause for termination, other terms and conditions, and attach plans. speCIficatIOns. and addenda. If any) WHEREAS. the COUNTY OF SAN BERNARDINO (hereinafter referred to as COUNTY) desires to provide financial assistance to the CITY OF SAN BERNARDINO (hereinafter referred to as CITY) to expand the Perris Hills Senior Center located at 728 E. 21" Street located in the City of San Bernardino (hereinafter referred to as PROJECT and more fully described in the attached Exhibit A); and WHEREAS, the senior center is accessible to use by CITY and COUNTY residents alike; and WHEREAS, the PROJECT will be of mutual benefit to the COUNTY and the CITY; and WHEREAS, the total project cost is estimated to be $622.750. and COUNTY is proposing to provide $550,000 towards the construction costs for the PROJECT; and WHEREAS, the CITY owns the site upon which the improvements will be constructed; and WHEREAS. COUNTY and CITY desire to set forth responsibilities and obligations of each as pertains to such funding of the proposed project, Page t of 4 ATTACHMENT "A" NOW, THEREFORE, IT IS MUTUALLY AGREED as follows: 1.0 CITY AGREES TO: 1.1 Act as the Lead Agency in the design and construction of the PROJECT. 1.2 Include completion of any applicable NEPA and CEQA requirements. 1.3 Construct the PROJECT by contract in accordance with the plans and specifications. 1.4 Advertise, award, administer, and fund the construction of the PROJECT in accordance with the California Public Contract Code and any other applicable federal, state or local laws. 1.5 Require its contractors to maintain Workers' Compensation Insurance or a state-approved Self- Insurance Program in an amount and form to meet all applicable requirements of the Labor Code of the State of California, including Employer's Liability with $250,000 limits, covering all persons providing services on behalf of the contractor and all risks to such persons under this Agreement and Comprehensive General Liability and Automobile Liability Insurance to include contractual coverage and coverage for owned, hired and non-owned vehicles. The Comprehensive General and Automobile Liability policies shall have combined single limits for bodily injury and property damage of not less than one million dollars ($1,000,000). Waiver of Subroqation Riqhts - Contractors shall require the carriers of the above required coverages to waive all rights of subrogation against the COUNTY, the CITY, and their officers, employees, agents, volunteers, contractors and subcontractors. Policies Primarv and Non-Contributory - All policies required above are to be primary and non- contributory with any insurance or self-insurance programs carried or administered by the COUNTY or the CITY. 1.6 Provide adequate inspection of all items of work performed under the construction contract(s) with CITY'S contractors or subcontractors for the PROJECT. 1.7 Pay for any PROJECT costs in excess of COUNTY'S contribution of $550,000. 18 CITY shall be responsible for performing any repair or maintenance for the completed PROJECT and shall be responsible for 100% of the associated repair or maintenance costs in perpetuity. 19 Submit notice on CITY letterhead that a construction contract has been awarded for the PROJECT and request payment for approved expenditures to CITY by COUNTY. 1.10 Notify COUNTY when the PROJECT is completed 2.0 COUNTY AGREES TO 2.1 Pay $550,000 to CITY toward the total PROJECT costs within thirty (30) days of receipt of notification from the CITY that a construction contract has been awarded for the PROJECT. 3.0 IT IS MUTUALLY AGREED: 3.1 COUNTY agrees to indemnify and hold harmless the CITY, its officers, employees, agents, and volunteers from any and all liabilities for injury to persons and damage to property arising out of any act or omission of COUNTY, its officers, employees, agents or volunteers in connection with COUNTY's performance of Its obligations under this Agreement. 3.2 CITY agrees to indemnify and hold harmless the COUNTY, its officers, employees, agents, and volunteers from any and all liabilities for injury to persons and damage to property arising out of any act or omission of CITY, its officers, employees, agents or volunteers in connection with CITY's performance of Its obligations under this Agreement. 33 In the event the COUNTY and/or the CITY is found to be comparatively at fault for any claim, action, loss or damage which results from their respective obligations under the Agreement, the COUNTY and/or CITY shall indemnify the other to the extent of its comparative fault. Furthermore, if the COUNTY or CITY attempts to seek recovery from the other for Workers' Page 2 of 4 ATTACHMENT '"A" Compensation benefits paid to an employee, the COUNTY and CITY agree that any alleged negligence of the employee shall not be construed against the employer of that employee. 34 COUNTY and CITY are self-insured public entities for purposes of Professional Liability, General Liability, and Workers' Compensation. COUNTY and CITY warrant that through their programs of self-insurance, they have adequate Professional Liability, General Liability and Workers' Compensation to provide coverage for liabilities arising out of COUNTY and CITY's performance of this agreement. 35 Except with respect to the parties' indemnification obligations contained herein, this Agreement shall terminate upon completion of the PROJECT and payment of final billing by the COUNTY for the PROJECT. 3.6 In the event the CITY does not use the COUNTY'S contribution to PROJECT costs for the intended purpose or there are any funds remaining within three (3) years of execution of this Agreement, CITY will reimburse the COUNTY for the unexpended PROJECT costs paid by the COUNTY to the City unless otherwise agreed by the parties. 3.7 If any legal action is instituted to enforce or declare any party's rights hereunder, each party, including the prevailing party, must bear its own costs and attorneys' fees. This paragraph shall not apply to those costs and attorneys' fees directly arising from any third party legal action against a party hereto and payable under paragraph 3.1 through 34. 38 This Agreement contains the entire agreement of the parties with respect to subject matter hereof, and supersedes all prior negotiations, understandings or agreements. This Agreement may only be modified in writing signed by both parties. 3.9 This Agreement shall be governed by the laws of the State of California. Any action or proceeding between CITY and COUNTY concerning the interpretation or enforcement of this Agreement, or which arises out of or is in any way connected with this Agreement or the PROJECT, shall be instituted and prosecuted in the appropriate state court in the County of San Bernardino, California. 3.10 Time is of the essence for each and every provision of this Agreement. 3.11 Since the parties or their agents have participated fully in the preparation of this Agreement, the language of this Agreement shall be construed simply, according to its fair meaning, and not strictly for any or against any party. Any term referencing time, days or period for performance shall be deemed workdays. The captions of the various articles and paragraphs are for convenience and ease or reference only, and do not define, limit, augment, or describe the scope, content, or intent of this Agreement. 3.12 No supplement, modification, or amendment of this Agreement shall be binding unless executed in writing and signed by both parties 3.13 No waiver of any default shall constitute a waiver of any other default or brief, whether of the same or other covenant or condition. No waiver, benefit, privilege, or service voluntarily given or performed by a party shall give the other party any contractual rights by custom, estoppel, or otherwise. 3.14 If a court of competent jurisdiction declares any portion of this Agreement invalid, illegal, or otherwise unenforceable, the remaining provisions shall continue in full force and effect, unless the purpose of this agreement is frustrated. 3.15 This Agreement may be signed in counterparts, each of which shall constitute an original. . . P:,g" ~ of 4 ATTACHMENT "A" "HIS AGREEMENT shall inure to the benefit of and be binding upon the successors and assigns of both parties. IN WITNESS WHEREOF, the parties to these presents have hereunto set their hands. COUNTY OF SAN BERNARDINO CITY OF SAN BERNARDINO By ~ ~ Bill Postmus, Chairman, Board of SupervIsors Dated: Name Judith Valles SIGNED AND CERTIFIED THATA COPY OF THIS DOCUMENT HAS BEEN DELIVERED TO THE CHAIRMAN OF THE BOARD Title Mavor DENA SMITH, Clerk of the Board of Supervisors of the County of San Bernardino Dated: By Address Deputy Approved as to form and Legal Content: JAMES F. PENMAN, City p"ttorney By: / ,":f/1 " ,~: I . i)'v? ;. 'J , I I . _../ Approved as to Legal Form Reviewed by Contract Compliance Reviewed for Processing ." 'ly Counsel ~ ~ Agency Administrator/CAG ,\~ile Q3te 'j;;te 'J.]qc 4 of 4 Exhibit A City of San Bernardino - Perris Hill Senior Center Expansion Project DESCRIPTIO,,: The project will expand the existing multi-purpose room an additional 2,500 sq. ft. The project will include renovating the existing restrooms to comply with ADA requirements, extending the lobby entrance for access to new addition, and installing a new entrance from the existing multi-purpose room to 21st Street. LOCATlO:-;: Perris Hill Senior Center is located at 780 E. 21st Street in the City of San Bernardino. TIMELINE: Architectural plans for this project were completed in October 2002, so the project will move forward quickly. 1106 - 2/06 - 4/06 - 6/07 - Advertise & bid process Council Approval Construction begins Project completion BUDGET: $ 550,000 $ 72,750 County Grant for construction cost U.S. Department of Housing and Urban Development Initiative Special Purpose Grant Program for contingency/furnishings ATTACHMENT "B" \';il I~c,'c~r,'--i .vt:~OO"') \""<;:;.' , \; , "c:/ E x New Vendor Code Oepl. Contract Number M Change SC CLB A X Cancel County Department Oepl. Orgn Contractor's license No. County Administrative Office County Department Contract Representative Ph. Ex!. Amount of Contract Gerry Newcombe 387-9046 $400,000 Fund Depl. Organization Appr. Obj/Rev Source Activity GRC/PROJ/JOB Number CJV CIP 6605 4030 , Commodity Code 1,/0 Estimated Payment Total by Fiscal Year FY Amount I/O FY Amount Project Name - - City of San Bernardino - - Water Park Project - - FOR COUNTY USE ONL Y County of San Bernardino FAS ST ANDARD CONTRACT THIS CONTRACT IS entered into in the State of California by and between the County of San Bernardino, hereinafter called COUNTY, and Name City of San Bernardino Address 547 N. Sierra Way CITY hereinafter called San Bernardino, CA 92410 'one Birth Date (909) 384-5233 FederallD No. or Social Security No. IT IS HEREBY AGREED AS FOllOWS: (Use space below and additional bond sheets. Set fanh service to be rendered, amount to be pard, manner of payment, time for perlormance or completion, determination of sa,tJsfactory performance and cause for termination, other terms and conditions, and attach plans, speciflcatrons. and addenda, if any.) WHEREAS, the COUNTY OF SAN BERNARDINO (hereinafter referred to as COUNTY) desires to provide financial assistance to the CITY OF SAN BERNARDINO (hereinafter referred to as CITY) to replace the wading pools with new automatic draining play systems for the following three CITY parks located in the City of San Bernardino (hereinafter referred to as PROJECT and more fully described in the attached Exhibit A): Lytle Creek Park - 380 S. "K" Street Perris Hill Park - 901 E. Hi~hland Avenue, West of 21" Street Wildwood Park - 536 E. 40" Street And WHEREAS, the parks are public parks and are accessible to use by CITY and COUNTY residents alike; and WHEREAS, the PROJECT will be of mutual benefit to the COUNTY and the CITY; and Page 1 of 4 ATTACHMENT "B" WHEREAS, the total project cost is estimated to be $400,000, and COUNTY is proposing to provide 3400,000 towards the construction costs for the PROJECT; and WHEREAS, the CITY owns the sites upon which the improvements will be constructed; and WHEREAS, COUNTY and CITY desire to set forth responsibilities and obligations of each as pertains to such funding of the proposed project, NOW, THEREFORE, IT IS MUTUALLY AGREED as follows 1.0 CITY AGREES TO: 1.1 Act as the Lead Agency in the design and construction of the PROJECT. 12 Include completion of any applicable NEPA and CEQA requirements. 13 Construct the PROJECT by contract in accordance with the plans and specifications. 1.4 Advertise, award, administer, and fund the construction of the PROJECT in accordance with the California Public Contract Code and any other applicable federal, state or local laws. 1.5 Require its contractors to maintain Workers' Compensation Insurance or a state-approved Self- Insurance Program in an amount and form to meet all applicable requirements of the Labor Code of the State of California, including Employer's Liability with $250,000 limits, covering all persons providing services on behalf of the contractor and all risks to such persons under this Agreement and Comprehensive General Liability and Automobile Liability Insurance to include contractual coverage and coverage for owned, hired and non-owned vehicles. The Comprehensive General and Automobile Liability policies shall have combined single limits for bodily injury and property damage of not less than one million dollars ($1,000,000). Waiver of Subroqation Riqhts - Contractors shall require the carriers of the above required coverages to waive all rights of subrogation against the COUNTY, the CITY, and their officers, employees, agents, volunteers, contractors and subcontractors. Policies Primarv and Non-Contributory - All policies required above are to be primary and non- contributory with any insurance or self-insurance programs carried or administered by the COUNTY or the CITY. 1.6 Provide adequate inspection of all items of work performed under the construction contract(s) with CITY'S contractors or subcontractors for the PROJECT. 1.7 Pay for any PROJECT costs in excess of COUNTY'S contribution of $400,000. 1.8 CITY shall be responsible for performing any repair or maintenance for the completed PROJECT and shall be responsible for 100% of the associated repair or maintenance costs in perpetuity. 19 Submit notice on CITY letterhead that a construction contract has been awarded for the PROJECT and request payment for approved expenditures to CITY by COUNTY. 1.10 Notify COUNTY when the PROJECT is completed. 2.0 COUNTY AGREES TO: 2.1 Pay $400,000 to CITY toward the total PROJECT costs within thirty (30) days of receipt of notification from the CITY that a construction contract has been awarded for the PROJECT. 30 IT IS MUTUALLY AGREED: 3.1 COUNTY agrees to indemnify and hold harmless the CITY, its officers, employees, agents, and volunteers from any and all liabilities for injury to persons and damage to property arising out of any act or omission of COUNTY, its officers, employees, agents or volunteers in connection with COUNTY's performance of its obligations under this Agreement. 3.2 CITY agrees to indemnify and hold harmless the COUNTY, its officers, employees, agents, and volunteers from any and all liabilities for injury to persons and damage to property arising out of Page 2 of 4 ATTACHMENT "B" any act or omission of CITY, its officers, employees, agents or volunteers in connection with CITY's performance of its obligations under this Agreement. 3.3 In the event the COUNTY and/or the CITY is found to be comparatively at fault for any claim, action, loss or damage which results from their respective obligations under the Agreement, the COUNTY and/or CITY shall indemnify the other to the extent of its comparative fault. Furthermore, if the COUNTY or CITY attempts to seek recovery from the other for Workers' Compensation benefits paid to an employee, the COUNTY and CITY agree that any alleged negligence of the employee shall not be construed against the employer of that employee. 3.4 COUNTY and CITY are self-insured public entities for purposes of Professional Liability, General Liability, and Workers' Compensation. COUNTY and CITY warrant that through their programs of self-insurance, they have adequate Professional Liability, General Liability and Workers' Compensation to provide coverage for liabilities arising out of COUNTY and CITY's performance of this agreement. 3.5 Except with respect to the parties' indemnification obligations contained herein, this Agreement shall terminate upon completion of the PROJECT and payment of final billing by the COUNTY for the PROJECT. 36 In the event the CITY does not use the COUNTY'S contribution to PROJECT costs for the intended purpose or there are any funds remaining within three (3) years of execution of this Agreement, CITY will reimburse the COUNTY for the unexpended PROJECT costs paid by the COUNTY to the City unless otherwise agreed by the parties. 3.7 If any legal action is instituted to enforce or declare any party's rights hereunder, each party, including the prevailing party, must bear its own costs and attorneys' fees. This paragraph shall not apply to those costs and attorneys' fees directly arising from any third party legal action against a party hereto and payable under paragraph 3.1 through 3.4. 3.8 This Agreement contains the entire agreement of the parties with respect to subject matter hereof, and supersedes all prior negotiations, understandings or agreements. This Agreement may only be modified in writing signed by both parties. 39 This Agreement shall be governed by the laws of the State of California. Any action or proceeding between CITY and COUNTY concerning the interpretation or enforcement of this Agreement, or which arises out of or is in any way connected with this Agreement or the PROJECT, shall be instituted and prosecuted in the appropriate state court in the County of San Bernardino, California. 3.10 Time is of the essence for each and every provision of this Agreement. 3.11 Since the parties or their agents have participated fully in the preparation of this Agreement, the language of this Agreement shall be construed simply, according to its fair meaning, and not strictly for any or against any party. Any term referencing time, days or period for performance shall be deemed workdays. The captions of the various articles and paragraphs are for convenience and ease or reference only, and do not define, limit, augment, or describe the scope, content, or intent of this Agreement. 3.12 No supplement, modification, or amendment of this Agreement shall be binding unless executed in writing and signed by both parties. 3.13 No waiver of any default shall constitute a waiver of any other default or brief, whether of the same or other covenant or condition. No waiver, benefit, privilege, or service voluntarily given or performed by a party shall give the other party any contractual rights by custom, estoppel, or otherwise. 3.14 If a court of competent Jurisdiction declares any portion of this Agreement invalid, illegal, or otherwise unenforceable, the remaining provisions shall continue in full force and effect, unless the purpose of this agreement is frustrated. 3.15 This Agreement may be signed in counterparts, each of which shall constitute an original. . . . Page 3 of 4 A TT ACHME"JT "B" rllS AGREEMENT shall inure to the benefit of and be binding upon the successors and assigns of both f-'arties. IN WITNESS WHEREOF, the parties to these presents have hereunto set their hands. COUNTY OF SAN BERNARDINO CITY OF SAN BERNARDINO By ~ ~ Bill Postmus, Chairman, Board of Supervisors Dated: Name Judith Valles SIGNED AND CERTIFIED THAT A COPY OF THIS DOCUMENT HAS BEEN DELIVERED TO THE CHAIRMAN OF THE BOARD Title Mavor DENA SMITH, Clerk of the Board of Supervisors of the County of San Bernardino Dated: By Address Deputy npproved as to form and Legal Content: JAMES F. PEt~N, City Attorney By: y (':, -I ;..).....-.> -/ " ~',-,"'\.....--;"'~ I / Approved as to Legal Form Reviewed by Contract Compliance Reviewed for Processing ~--,nty Counsel ~ ~ Agency Administrator/CAO :}ate Date Date Page 4 of 4 Exhibit A City of San Bernardino - Water Park Project DESCRIPTIO)\;: The Water Park Project consists of three locations: Perris Hill Park, Lytle Creek Park, and Wildwood Park. These projects will replace wading pools that do not meet current code, and require costly ongoing maintenance. It will provide an interactive fun play experience for minimal operational cost and personal safety risk. This project will be accomplished via a design competition RFP. LOCATIO=": Lytle Creek Park Address 380 S. "K" Street (located behInd recreation center) Dimensions 63' dia. Perris Hill Park 901 East Highland Ave. W. 21 s< Street (adjacent to Jerry Lewis swim center) 45' X 45' Wildwood Park 536 E. 40th Street (located next to playground equipment) 60' X 40' BLUGET: $300,000 for water play apparatus, PYC piping, installation, electric control box, concrete splash pad and drain pads. $100,000 to demo and dispose of existing concrete pads, install water and electrical sources, signage, and miscellaneous contingency cost. Total project budget: $400,000 TI,IEU:"iE: 12/05 1106 - 2/06 - 5/06 - 8/06 - 11/06 - Prepare RFP Advertise RFP's and recei ve proposals Council award of contract Demo and prepare sites Receive parts and equipment Project Completion ORIGINAL ~'.:-Wl 1~~C'~~'.,~ "'9E..,..."",.,;;oj '~ ,., E X New Vendor Code Depl. Contract Number M Change SC CLB A X Cancel County Department Dep! Orgn. Contractor's license No. County Administrative Office County Department Contract Representative Ph. Ex!. Amount of Contract Gerry Newcombe 387-9046 $550,000 Fund Dept Organization Appr. Obj/Rev Source Activity GRC/PROJ/JOB Number CJV CIP 6640 , 4030 Commodity Code Estimated Payment Total by Fiscal Year FY Amount lID FY Amount 110 Project Name - - City of San Bernardino - - Perris Hills Sr. Ctr. Expansion Project - - FOR COUNTY USE ONL Y County of San Bernardino FAS STANDARD CONTRACT THIS CONTRACT is entered into in the State of California by and between the County of San Bernardino, hereinafter called COUNTY, and Name City of San Bernardino Address 547 N. Sierra Way San Bernardino, CA 92410 Phone Birth Date (909) 384-5233 FederallD No. or Social Security No. hereinafter called CITY IT IS HEREBY AGREED AS FOllOWS: (Use space below and additional bond sheets. Set fori!? service to be rendered, amount to be paid, manner of payment, time for performance or completion, determination of satisfactory performance and cause for termination, other terms and conditions, and attach plans. specifications, and addenda, if any.) WHEREAS, the COUNTY OF SAN BERNARDINO (hereinafter referred to as COUNTY) desires to provide financial assistance to the CITY OF SAN BERNARDINO (hereinafter referred to as CITY) to expand the Perris Hills Senior Center located at 728 E. 21st Street located in the City of San Bernardino (hereinafter referred to as PROJECT and more fully described in the attached Exhibit A); and WHEREAS, the senior center is accessible to use by CITY and COUNTY residents alike; and WHEREAS, the PROJECT will be of mutual benefit to the COUNTY and the CITY; and WHEREAS, the total project cost is estimated to be $622,750, and COUNTY is proposing to provide $550,000 towards the construction costs for the PROJECT; and WHEREAS, the CITY owns the site upon which the improvements will be constructed; and WHEREAS, COUNTY and CITY desire to set forth responsibilities and obligations of each as pertains to such funding of the proposed project, Page 1 of 4 i JOW, THEREFORE, IT IS MUTUALLY AGREED as follows: 1.0 CITY AGREES TO: 1.1 Act as the Lead Agency in the design and construction of the PROJECT. 1.2 Include completion of any applicable NEPA and CEQA requirements. 1.3 Construct the PROJECT by contract in accordance with the plans and specifications. 1.4 Advertise, award, administer, and fund the construction of the PROJECT in accordance with the California Public Contract Code and any other applicable federal, state or local laws. 1.5 Require its contractors to maintain Workers' Compensation Insurance or a state-approved Self- Insurance Program in an amount and form to meet all applicable requirements of the Labor Code of the State of California, including Employer's liability with $250,000 limits, covering all persons providing services on behalf of the contractor and all risks to such persons under this Agreement and Comprehensive General liability and Automobile liability Insurance to include contractual coverage and coverage for owned, hired and non-owned vehicles. The Comprehensive General and Automobile Liability policies shall have combined single limits for bodily injury and property damage of not less than one million dollars ($1,000,000). Waiver of Subroqation Riqhts - Contractors shall require the carriers of the above required coverages to waive all rights of subrogation against the COUNTY, the CITY, and their officers, employees, agents, volunteers, contractors and subcontractors. Policies Primarv and Non-Contributorv - All policies required above are to be primary and non- contributory with any insurance or self-insurance programs carried or administered by the COUNTY or the CITY. 1.6 ProVide adequate inspection of all items of work performed under the construction contract(s) with CITY'S contractors or subcontractors for the PROJECT. 1 7 Pay for any PROJECT costs in excess of COUNTY'S contribution of $550,000. 1.8 CITY shall be responSible for performing any repair or maintenance for the completed PROJECT and shall be responsible for 100% of the associated repair or maintenance costs in perpetuity. 1.9 Submit notice on CITY letterhead that a construction contract has been awarded for the PROJECT and request payment for approved expenditures to CITY by COUNTY. 1.10 Notify COUNTY when the PROJECT is completed. 20 COUNTY AGREES TO: 2.1 Pay $550,000 to CITY toward the total PROJECT costs within thirty (30) days of receipt of notification from the CITY that a construction contract has been awarded for the PROJECT. 3.0 IT IS MUTUALLY AGREED: '3 1 COUNTY agrees to indemnify and hold harmless the CITY, its officers, employees, agents, and volunteers from any and all liabilities for injury to persons and damage to property arising out of any act or omission of COUNTY, its officers, employees, agents or volunteers in connection with COUNTY's performance of its obligations under this Agreement 3.2 CITY agrees to indemnify and hold harmless the COUNTY, its officers, employees, agents, and volunteers from any and all liabilities for injury to persons and damage to property arising out of any act or omission of CITY, its officers, employees, agents or volunteers in connection with CITY's performance of ItS obligations under this Agreement 3.3 In the event the COUNTY and/or the CITY is found to be comparatively at fault for any claim, action, loss or damage which results from their respective obligations under the Agreement, the (::OUNTY. and/or CITY shall mdemnify the other to the extent of ItS comparative fault F"rthermore, if the COUNTY or CITY attempts to seek recovery from the other for Workers' Page 2 of 4 Compensation benefits paid to an employee, the COUNTY and CITY agree that any alleged negligence of the employee shall not be construed against the employer of that employee. 3.4 COUNTY and CITY are self-insured public entities for purposes of Professional Liability, General Liability, and Workers' Compensation. COUNTY and CITY warrant that through their programs of self-insurance, they have adequate Professional Liability, General Liability and Workers' Compensation to provide coverage for liabilities arising out of COUNTY and CITY's performance of this agreement. 3.5 Except with respect to the parties' indemnification obligations contained herein, this Agreement shall terminate upon completion of the PROJECT and payment of final billing by the COUNTY for the PROJECT. 36 In the event the CITY does not use the COUNTY'S contribution to PROJECT costs for the intended purpose or there are any funds remaining within three (3) years of execution of this Agreement, CITY will reimburse the COUNTY for the unexpended PROJECT costs paid by the COUNTY to the City unless otherwise agreed by the parties. 3.7 If any legal action is instituted to enforce or declare any party's rights hereunder, each party, including the prevailing party, must bear its own costs and attorneys' fees. This paragraph shall not apply to those costs and attorneys' fees directly arising from any third party legal action against a party hereto and payable under paragraph 3.1 through 3.4. 3.8 This Agreement contains the entire agreement of the parties with respect to subject matter hereof, and supersedes all prior negotiations, understandings or agreements. This Agreement may only be modified in writing signed by both parties. 39 This Agreement shall be governed by the laws of the State of California. Any action or proceeding between CITY and COUNTY concerning the interpretation or enforcement of this Agreement, or which arises out of or is in any way connected with this Agreement or the PROJECT, shall be instituted and prosecuted in the appropriate state court in the County of San Bernardino, California. 3.10 Time is of the essence for each and every provision of this Agreement. 3.11 Since the parties or their agents have participated fully in the preparation of this Agreement, the language of this Agreement shall be construed simply, according to its fair meaning, and not strictly for any or against any party. Any term referencing time, days or period for performance shall be deemed workdays. The captions of the various articles and paragraphs are for convenience and ease or reference only, and do not define, limit, augment, or describe the scope, content, or intent of this Agreement. 312 No supplement, modification, or amendment of this Agreement shall be binding unless executed in writing and signed by both parties. 313 No waiver of any default shall constitute a waiver of any other default or brief, whether of the same or other covenant or condition. No waiver, benefit, privilege, or service voluntarily given or performed by a party shall give the other party any contractual rights by custom, estoppel, or otherwise. 3.14 If a court of competent jurisdiction declares any portion of this Agreement invalid, illegal, or otherwise unenforceable, the remaining provisions shall continue in full force and effect, unless the purpose of this agreement is frustrated. 3.15 This Agreement may be signed in counterparts, each of which shall constitute an original. . . Page ~ of 4 ,JIS AGREEMENT shall inure to the benefit of and be binding upon the successors and assigns of both " .(tles. IN WITNESS WHEREOF, the parties to these presents have hereunto set their hands. COUNTY OF SAN BERNARDINO CITY OF SAN BERNARDINO By ~ ~ Bill Postmus, Chairman, Board of Supervisors Dated: Name Judith Valles SIGNED AND CERTIFIED THAT A COPY OF THIS uOCUMENT HAS BEEN DELIVERED TO THE CHAIRMAN OF THE BOARD Title Mavor DENA SMITH, Clerk of the Board of Supervisors of the County of San Bernardino Dated: By Address Deputy Approved as to Form and Legal Content: JAMES F. PENMAN, City A~torney , By: /" : / ."--'^ , ----, -; ) --. \ _~7"-,--__ I , / / Approved as to Legal Form Reviewed by Contract Compliance Reviewed for Processing .nty Counsel ~ ~ Agency Administrator/CAG . Date Date Date Page4of4