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HomeMy WebLinkAboutItem 4.09 Agreement DUSD/Nielsen School CITY OF DUBLIN AGENDA STATEMENT CITY COUNCIL MEETING DATE: AUGUST 12 , 1991 SUBJECT Agreement Between City of Dublin and Dublin Unified School District for Nielsen School Play Area and the Cronin School Play Area - Report by Diane Lowart, Recreation Director EXHIBITS ATTACHED Draft Agreements Resolutions Adopting Agreements RECOMMENDATION� Resolutions FINANCIAL STATEMENT Cost to City: $96,600. 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 are the draft improvement agreements for the Nielsen School Play Area and the Cronin School Play Area. The agreements spell 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 Nielsen School Play Area is $58 ,800 of which the City is funding $37 ,800. The remaining $21,000 will be funded equally by the District and the Nielsen School Parent Faculty Club. The total estimated cost for the Cronin School Play Area is $58,800 which the City is funding with no contributions from the District. It is Staff's recommendation that the City Council adopt the attached resolutions approving and authorizing execution of the Agreements. Staff will then forward the Agreements to the Dublin Unified School District Board for adoption. --------- --- ---------------------------------------------------------- ITEM NO COPIES TO: Dublin Unified School District AGREEMENT THIS AGREEMENT, made 'and entered into this day of , 1991, 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 "Nielsen School Play Area" . 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. 4 entitled "Nielsen School Play Area" shall include the following: a) Construction of play area designed for children in grades 1-5 . b) Removal of asphalt and turf to accommodate play area; C) Play area curb and drainage; d) Play equipment on "Fibar" base; 2) The preliminary estimate for the above work is $58 , 800 itemized as follows: Design, printing, survey and inspection $13 ,800 Improvements $45, 000 3) Costs shall be divided between the CITY and the DISTRICT as follows: a) The DISTRICT shall contribute $21 , 000 of which $11, 000 shall be contributed by the Nielsen 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 $37 , 800. C) In the event that the contract for the project exceeds the sum of $58, 800 , 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 $58 , 800 , 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 the project coordinator, and 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) Remove and dispose of existing play equipment. b) Review of Architect's plans and specifications and provision of comments to CITY; C) Payment to CITY as specified. in Item 3 above; d) Periodic field reviews with CITY Staff during construction and provision of comments to CITY relating to construction progress and quality; e) Payment of all DISTRICT Staff costs relating to this project; f) 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 AGREEMENT THIS AGREEMENT, made and entered into this day of 1991 , 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 "Cronin School Play Area" ; 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. 5 entitled "Cronin School Play Area" shall include the following: a) Construction of a childrens play area; b) Removal of asphalt to accommodate play area; C) Play equipment on sand base. 2) The preliminary estimate for the above work is $58 ,800 itemized as follows: Design, printing, survey and inspection $13 ,800 Improvements $45, 000 In the event that the contract for the project exceeds the sum of $58 , 800 , 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. CITY reserves the right to reject all bids and readvertise. 3) The CITY shall be the project coordinator, and 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. The DISTRICT'S re,, risibility for this projec shall be as follows; a) Remove and dispose of existing play equipment; b) Review of Architect's plans and specifications and provision of comments to CITY; 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. - 91 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DUBLIN --------------------------------------------------------------------------- APPROVING AND AUTHORIZING EXECUTION OF AGREEMENT WITH DUBLIN UNIFIED SCHOOL DISTRICT FOR NIELSEN SCHOOL PLAY AREA WHEREAS, the City Council of the City of Dublin and the Board of Trustees of the Dublin Unified School District desire to jointly develop and construct improvements to the Nielsen School Play Area; 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 1991. AYES: NOES: ABSENT: Mayor ATTEST: City Clerk RESOLUTION NO. - 91 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DUBLIN --------------------------------------------------------------------------- APPROVING AND AUTHORIZING EXECUTION OF AGREEMENT WITH DUBLIN UNIFIED SCHOOL DISTRICT FOR CRONIN SCHOOL PLAY AREA WHEREAS, the City Council of the City of Dublin and the Board of Trustees of the Dublin Unified School District desire to jointly develop and construct improvements to the Cronin School Play Area; 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 1991. AYES: NOES: ABSENT: Mayor ATTEST: City Clerk