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HomeMy WebLinkAboutItem 4.8 AmendAgrmntW/DUSD (2) CITY OF DUBLIN AGENDA STATEMENT City Council Meeting Date: October 29, 1990 SUBJECT: First Amendment to Agreement with Dublin Unified School District for High School Football Field Renovation 90-05 (Report by Public Works Director Lee Thompson) EXHIBITS ATTACHED: 1) Resolution Approving Amendment 2) Proposed Amendment ~ September 25, 1989, Agreement RECOMMENDATION: Adopt Resolution and authorize Mayor to execute FINANCIAL STATEMENT: Sufficient funds for this maintenance are included in the Park Maintenance Operating Budget. DESCRIPTION: In September of 1989, the City of Dublin and the Dub]in Unified School District signed an agreement for construction and maintenance of improvements to the Dublin High School Football Field. Section 7 of the Agreement outlined the City's and the School District's individual responsi- bilities for future maintenance of the improvements. According to the Agreement, the City was to maintain the turf and track surfaces within the limits of the track. Because of the high bid cost, the proposed synthetic track surface was not approved as an item of work by consent of both the City Council and District Board and, during the design development stage of the project, a tree screen was added along the east side of the project as well as turf to the unpaved dirt portions of the site. The amendment proposes to have the School District continue to maintain the existing track surface and the City would maintain the extended tree and turf landscaping, as the irrigation system and maintenance operations serve both the field turf and this new landscaped area. Not specifically mentioned in the initial contract was the maintenance of the surface for the field events, as the field events areas were loosely included under the track category. Since the City has installed artificial surfaces in the field events areas, it is the intention that the City will maintain the field events areas. The maintenance of other minor improvements was not originally included in the Agreement and is to be the responsibility of the District. Staff recommends that the City Council adopt the resolution approving the Amendment to the Agreement and authorize the Mayor to execute same. ITEM NO. ~. ~___ COPIES TO: Dublin Unified School District RESOLUTION NO. -90 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DUBLIN APPROVING AND AUTHORIZING EXECUTION OF FIRST AMENDMENT TO AGREFJiENT WITH DUBLIN UNIFIED SCHOOL DISTRICT FOR RENOVATION OF DUBLIN HIGH SCHOOL FOOTBALL FIELD WHEREAS, an agreement for construction and maintenance of the Dublin High School football field improvements was approved on September 25, 1989; and WHEREAS, Section l(a) of said agreement included the scope of work to include replacing or upgrading of the track surface for an all-weather track; and WHEREAS, Section 7(a) of said agreement identified the scope of City- provided maintenance to be within the track and field area only; and WHEREAS, Section 7(b) of said agreement did not identify the District as maintaining the track, flagpole, scoreboard and related equipment, and communications equipment; and WHEREAS, certain landscaping improvements were added to the scope of work and were installed outside of the track perimeter as part of the agreed construction which are proposed to be maintained by the City; and WHEREAS, the cost estimate of the proposed new track surface appeared to be excessively high, and this item of work was then included into the bid package as an alternate bid item; and WHEREAS, after bids were opened, the cost of the new track surface was a large amount of money; and WHEREAS, the proposed new track surface was eliminated from the City/District renovation project by consent of the Dublin City Council and Dublin School District Board of Directors, and maintenance of the existing track surface is to remain the School District's responsibility; and WHEREAS, there were other minor items of maintenance work outside the City's responsibility, but not delineated as being within the District's responsibility; NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Dublin does hereby approve Amendment 1 to the September 25, 1989, agreement, which allows for maintenance of said landscaping, track and minor improvements, and which is attached to this Resolution as Exhibit A; BE IT FURTHER RESOLVED that the Mayor is authorized to execute the Amendment to the Agreement. PASSED, APPROVED, AND ADOPTED this 29th day of October, 1990. AYES: NOES: ABSENT: ATTEST: Mayor City Clerk EXHIBIT A FIRST AMENDMENT TO AGREEMENT WITH DUBLIN UNIFIED SCHOOL DISTRICT FOR RENOVATION OF DUBLIN HIGH SCHOOL FOOTBALL FIELD WHEREAS, the City of Dublin and the Dublin Unified School District entered into an Agreement on September 25, 1989, for construction and maintenance of the Dublin High School Football Field; and WHEREAS, the Scope of Maintenance Work for the City outlined in Section 7 of said Agreement regarding turf and track maintenance identified only areas within the limits of the track; and WHEREAS, additional landscaping improvements were installed outside the limits of the track as a part of said construction project which will require maintenance by the City; and WHEREAS, the track surface was not replaced and maintenance responsibility shall remain with the School District; and WHEREAS, the responsibility for the maintenance of minor improvements was not included in the Agreement; NOW, THEREFORE, the parties hereto agree as follows: Section l(a) of the Agreement shall be amended to read as follows: "Turf and irrigation improvements outside the limit of the track and outside other surfaced areas and within the Stadium perimeter fence and the artificial and crushed rock surfaces included in the field event area." Section 7 (a) of the Agreement shall be amended to read as follows: "CITY shall provide, at its sole cost and expense, turf and tree maintenance. Said maintenance is limited to the area within the perimeter fence around the stadium and includes mowing, fertilization, tree care and replacement, and irrigation repair. CITY shall also provide, at its sole cost and expense, maintenance of the artificial and crushed rock surface in and around the field event areas." Section 7 (b) of the Agreement shall be amended to read as follows: "DISTRICT shall provide, at its sole cost and expense, maintenance to the track, flagpole, scoreboard and related electrical equipment, communications equipment, bleachers, lights, restroom/snackbar, pressbox, and all other items of maintenance not delineated in Section 7(a). DISTRICT shall be responsible for payment of all utilities including gas, electricity, water, and sewer." 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~ 1989, by and between the CITY OF DUBLIN, a municipal corporation, hereinafter called "CITY," and the DUBLIN UNIFIED SCHOOL DISTRICT, hereinafter called "DISTRICT." WITNESSETH W~EREAS, 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 "Dublin High School Football Field Renovation"; NOW, THEREFORE, in consideration of the promises herein and in the dated~__~, 1989, the CITY and the DISTRICT Master Agreement agree as follows: 1) The scope of Project No. 1 entitled "Dublin High School Football Field Renovation" shall include the following elements: a) Turf and irrigation renovation within the limits of the track, to also include grading and drainage facilities, if necessary in the opinion of CITY; b) Replacement or upgrading of the track surface to an all-weather track; c) Replacement of bleacher seats with aluminum seating; d) Installation of new hand railing on the bleachers; e) Upgrading of existing stadium lights by addition of fixtures to existing poles and redirecting existing lights as necessary; f) Construction of a new snack bar and restroom facilities, including demolition of existing facilities and plumbing and electrical service work; g) Construction of a new pressbox on the existing bleachers. 2) The preliminary estimate for the above work is $663,810, itemized as follows: Design, inspection, and contract administration: Construction $ 81,520 $582,290 Should the bids exceed the construction budget, the CITY reserves the right to reduce the scope of work. The area of work to be eliminated or reduced shall be determined by common agreement between the CITY and the DISTRICT. 3) Costs shall be divided between the CITY and the DISTRICT as follows: a) The DISTRICT shall contribute $197,810 to be paid in two installments. The first installment shall be $100,000 to be paid at the time of bid award, upon receipt of an invoice from the CITY. The second installment shall be $97,810, to be paid at the time of CITY's acceptance of the completed contract work, upon receipt of an invoice from the CITY. b) The CITY shall coqtribute $466~000. c) In the event that the contract for the project exceeds the sum of $863,810, DISTRICT shall contribute 30% of the excess and CITY shall contribute 70% of the excess. DISTRICT's additional contribution shall be paid to CITY within ten (10) days of receipt of an invoice from CITY. d) In the event that the contract for the project is less than $663,810, DISTRICT's contribution of $197,810 and CITY's contribution of $466,000 shall be reduced proportionately so that DISTRICT's contribution is ~educed by 30% of the difference between $663,810 and the contract cost and CITY's contribution is reduced by 70% 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, with the DISTRICT's input on the Interview Board; 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) Assistance in Architect/Engineer selection process; 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; - 2 - 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 to be done between March 1, 1990 and August 15, 1990 in order that the field will be playable for the 1990 season. The DISTRICT will not schedule any other events on the field during this time period without prior written approval fromlthe CITY. 7) Upon completion of the improvements ~nder this agreement, maintenance responsibilities shall be apportioned as follows: a) CITY shall provide at its sole cost and expense turf and track maintenance. Turf maintenance is limited to the area within the limits of the track and includes mowing, fertilization, and irrigation repair. b) DISTRICT shall provide at its sole cost and expense maintenance to bleachers, lights, restroom/snackbar and pressbox. DISTRICT shall be responsible for payment bf all utilities including gas, electricity, water, and sewer. DISTRICT agrees to provide CITY with access to grounds during regularly scheduled school hours in order to carry out maintenance responsibilities. 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: · ,. ~ity Clerk ATTEST: CITY OF DUBLIN, A Municipal Corporation Mayor ~ [ DUBLIN UNIFIED SCHOOL DISTRICT Clerk of the Board P~esident, Board of Trustees