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HomeMy WebLinkAboutItem 8.1 Agree With DUSD Frederiksen Tot Lot k CITY OF DUBLIN AGENDA STATEMENT CITY COUNCIL MEETING DATE: July 9, 1990 SUBJECT Agreement Between City of Dublin and Dublin Unified School District For Frederiksen School Kindergarten Tot Lot. Report by Diane Lowart, Recreation Director. EXHIBITS ATTACHED • Draft Agreement Resolution Adopting Agreement RECOMMENDATION N' ', Adopt Resolution FINANCIAL STATEMENT : Cost To City: $34, 303 . Sufficient Funds Are Available in the Capital Improvement Program DESCRIPTION In September of 1989, the City of Dublin and the Dublin Unified School District entered into a Joint Facility Use/Development Agreement. As provided for in the agreement, the City may make improvements to school district property provided the improvement is not in conflict with school use and subject to a separate improvement agreement. Attached is the draft improvement agreement for the Frederiksen School Kindergarten Tot Lot. The agreement spells out the specific responsibilities of the City and the District with regards to the project. The areas covered by this agreement include the following: 1. Description of project 2. Division of project costs 3 . Responsibility for project supervision The total estimated cost for the Frederiksen School Kindergarten Tot Lot improvements is $39,303 of which the City is funding $34,303 . The remaining $5,000 will be funded equally by the District and the Frederiksen School Parent Faculty Club. It is Staffs recommendation that the City Council adopt the attached resolution approving and authorizing execution of the Agreement for the Frederiksen School Kindergarten Tot Lot. Staff will then forward the Agreement to the Dublin Unified School District Board for adoption. ITEM NO. 84 COPIES TO: Dublin Unified School District • .- AGREEMENT THIS AGREEMENT, made and entered into this day of 1990, by and between the CITY OF DUBLIN, a municipal corporation, hereinafter called "CITY" , and the DUBLIN UNIFIED SCHOOL DISTRICT, hereinafter called "DISTRICT" . WITNESSETH. WHEREAS, the CITY and the DISTRICT have entered into an agreement for the joint use of DISTRICT facilities and improvement thereto entitled "Agreement Between City of Dublin. and Dublin Unified School District Regarding Use of Facilities" (referred to as "Master Agreement") ; and WHEREAS, it is necessary to establish site specific duties and obligations for the improvement of each DISTRICT facility; and WHEREAS, the CITY and the DISTRICT have agreed to proceed on the project entitled "Frederiksen School Kindergarten Tot Lot" ; • NOW, THEREFORE, in consideration of the promises herein and in the Master Agreement dated September 25, 1989, the CITY and the DISTRICT agree as follows: 1) The scope of Project No. 2 entitled "Frederiksen School Kindergarten Tot Lot" shall include the following: a) Construction of a safe, stimulating and developmentally appropriate play area for kindergarten age children; b) Removal of asphalt and turf to accommodate tot lot; c) Tot lot curb and drainage; d) Play equipment on sand base; e) Landscaping along fence. 2) The preliminary estimate for the above work is $39,303 itemized as follows: Design, inspection, and contract administration $ 7,110 Construction $32,195 3) Costs shall be divided between the CITY and the DISTRICT as follows: a) The DISTRICT shall contribute $5,000 of which $2,500 shall be contributed by the Frederiksen School Parent Faculty Club. This shall be paid at the time of CITY'S acceptance of the completed contract work, upon receipt of invoice from CITY. b) The CITY shall contribute $34,303 . c) In the event that the contract for the project exceeds the sum of $39,303, the CITY reserves the right to reduce the scope of work. The area to be eliminated or reduced shall be determined by common agreement between the CITY and the DISTRICT. d) In the event that the contract for the project is less than $39,303 , CITY'S contribution shall be reduced in the amount of the difference. e) CITY reserves the right to reject all bids and readvertise. 4) The CITY shall be -che project coordinator, aria its responsibility for this project shall be as follows: a) Selection of Architect/Engineer; b) Review of the Architect's plans, specifications, and estimates, with input from the DISTRICT; c) Advertising and award of bid to the Contractor; d) Inspection of the Contractor's work, with input from the DISTRICT; e) Payment of monies due for architectural services, contract work, and CITY Staff assigned to the project; f) Acceptance of Contractor's work as complete. 5) The DISTRICT'S responsibility for this project shall be as follows; a) Review of Architect's plans and specifications and provision of comments to CITY; b) Payment to CITY as specified in Item 3 above; c) Periodic field reviews with CITY Staff during construction and provision of comments to CITY relating to construction progress and quality; d) Payment of all DISTRICT Staff costs relating to this project; e) Payment of all utility costs for this project during construction. 6) The CITY and the DISTRICT shall work together to schedule the actual construction work so as to minimize the disruption to scheduled DISTRICT classes and programs. 7) Upon completion of the improvements under this agreement, maintenance responsibilities shall be the sole responsibility of the DISTRICT. IN WITNESS WHEREOF, the parties have caused this Agreement to be executed by their respective officers and duly authorized by the CITY the day and year first above written. ATTEST: CITY OF DUBLIN, A Municipal Corporation City Clerk Mayor ATTEST: DUBLIN UNIFIED SCHOOL DISTRICT Clerk of the Board President, Board of Trustees RESOLUTION NO. -90 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DUBLIN APPROVING AND AUTHORIZING EXECUTION OF AGREEMENT WITH DUBLIN UNIFIED SCHOOL DISTRICT FOR FREDERIKSEN SCHOOL KINDERGARTEN TOT LOT WHEREAS, the City Council of the City of Dublin and the Board of Directors of the Dublin Unified School District desire to jointly develop and construct improvements to the Frederiksen School Kindergarten Tot Lot; and WHEREAS, it is necessary to establish site specific duties and obligations for the improvements. NOW THEREFORE, BE IT RESOLVED THAT THE City Council of the City of Dublin does hereby find that: 1. The agreement attached hereto in Exhibit A is hereby approved and ratified and the Mayor is authorized and directed to sign it. PASSED, APPROVED AND ADOPTED this th day of , 1990. AYES: NOES: ABSENT: Mayor ATTEST: City Clerk