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HomeMy WebLinkAboutItem 7.1 KolbPrkHndicapPlygrnd (2) CITY OF DUBLIN AGENDA STATEMENT CITY COUNCIL MEETING DATE: July 22, 1991 SUBJECT : Agreement with Dublin-San Ramon Lions Club Regarding Construction of a Handicapped Playground. (Report by Diane Lowart, Recreation Director) EXHIBITS ATTACHED : Proposed Agreement FINANCIAL STATEMENT : Authorize the City Manager to execute the Agreement The cost to the City of $10,000 will be funded by a grant from the Clorox Company Foundation DESCRIPTION : At the February 25, 1991 meeting of the Dublin City Council, the Council gave conceptual approval for a service project proposed by the Dublin-San Ramon Lions Club for construction of a handicapped playground at Kolb Park. Staff has prepared an agreement between the City and the Lions Club for the project which identifies the responsibilities of each party. The City will be responsible for site preparation, inspection of the improvements and the purchase of "Fibar" surfacing. The estimated cost to the City is $I0,000 which will be funded by a grant from the Clorox Company Foundation. The Lions Club wilt be responsible for play area construction and the purchase and installation of play equipment. The estimated cost to the Lions Club is $28,000. The Lions Club hope to begin construction in August and complete the work in approximately four weeks. It is recommended that the City Council authorize the Mayor to execute the attached Agreement Between The City Of Dublin And The Dublin-San Ramon Lions Club Regarding Construction Of A Handicapped Playground On City Property. ITEM NO.~_~__ COPIES TO: Dublin-San Ramon Lions Club AGREEMENT BETWEEN THE CITY OF DUBLIN AND THE DUBLIN-SAN RAMON LIONS CLUB REGARDING CONSTRUCTION OF A HANDICAPPED PLAYGROUND ON CITY PROPERTY This Agreement is entered into this day of July, 1991 between the CITY OF DUBLIN, a municipal corporation, hereinafter referred to as "CITY" and the DUBLIN-SAN RAMON LIONS CLUB, a non- profit service organization, hereinafter referred to as "LIONS". RECITALS WHEREAS, LIONS has requested permission to construct a handicapped playground at Kolb Park, a municipally-owned park; and WHEREAS, LIONS desires to transfer ownership of such improvements to CiTY and CITY desires to accept the improvements upon completion by LIONS and final acceptance by CITY; and WHEREAS, it appears to be in the public interest to authorize the construction of such a playground. NOW, THEREFORE, LIONS AND CITY mutually agree as follows: AGREEMENT Section 1. CITY Riqhts and Responsibilities. A. CITY agrees and permits LIONS to install playground equipment specifically designed for handicapped persons at Kolb Park located in the city of Dublin at the corner of Brighton Drive and Bristol Road. The general location of the playground shall be in the area shown on Exhibit A, attached hereto and incorporated herein. B. The plans, specifications, location and manner of work shall be subject to review and prior written approval by the Public Works Director. A schema=l~ of the proposed equipment is shown on Exhibit B, attached hereto and incorporated herein. C. CITY agrees to be responsible for site preparation including fence modifications to provide access to site, irrigation modifications, sod removal and removal of trees and shrubs. LIONS will provide CITY with all the necessary information in writing to enable CiTY to prepare the site for construction of the playground. D. CITY agrees to purchase FIBAR surfacing for the site to be installed by LIONS. E. Combined cost to CITY for work identified under section "C" and "D" above shall not exceed $10,000. F. Final inspection of the improvements by CITY shall take place within five (5) working days after written request by LIONS. Final completion shall occur upon correction of all items noted in the final inspection. Section 2. LIONS Riqhts and Responsibilities. A. Prior to beginning work, LIONS shall submit to CITY Public Works Director plans and specifications identifying the method, timing, and location of the handicapped playground. The plans shall be in enough detail to assure that the project will be constructed in a sound manner and the playground equipment installed according to the manufacturers specifications. Actual installation shall be in accordance with plans approved by the Public Works Director. B. LIONS shall notify the Public Works Director to obtain approval for the dates of construction. C. LIONS shall be responsible for taking all safety precautions required by the Public Works Director, including any measures necessary to protect adjacent improvements during construction. D. LIONS shall provide CITY with evidence of public liability insurance in an amount not 'less than $i,000,000 combined single t[mit per occurrence against claims for injuries to persons or damage to property which may arise from or in connection with the performance of the ccnstructi, on of the playground. LIONS shall n~me CITY ~s ~n addltl~na~ insured E. LIONS represents and warrants that the improvements, as fabricated and installed, will be free from any defects in materiels ~m~r~vem~n ~ are and workmanship, and that the ~ ~ ~ ~ t= free and clear of any liens cr encumbrances from uny source and of uny kind or astute whatsoever. ~ LIONS shall indemnify CITY, its officers and employees agaLnst liability for injury or dam~.ge c~used by a negligent s, ct or omission of LIONS .in the performance of this Ag:reement and shatl lhold CITY one~,, as a resu!e h~rm].ess from and defend CITY against any loss occssi.~ d .~.- .~ ~ -~n-~. n~ f this ~,,~m~nt by ....... L~C)N~,. its office~ and employees agni. nsL iAabiliu,~ ~o: inju:Fy, o.F damage caused by a necligent act oF omission ~a].. ~. hold of CITY in the pe~-formanc'.e ~,~ %h.~s ~.~.~,.'~,~e~nt~ _~ ..... and .of the ~:.,~...r:,...r f.'ormance cf this. Agreement bY_ CITY . Section 3. .Ownership o:f Improvements ~.o~,s 1.1 remain A. Owner!:hip of the improvements and .... ~ risk of -'-~ s:ha w~'th !.,IONS un't~l the improve:roan'ts have been acce~ted i.n wzrLtin9 CiTY ( :~ ~:j.ns~l]. ~' ' ..... ' ~' '~ ..... - ..... ~.~' ........ F ....n ......) CI.T~ agrees to nccept sucl% 'time. B. In the event that this Agreement is terminated or the property is disposed of by CITY, LIONS shall have the option to remove the improvements, or any portion thereof, and restore the property to at least as good a condition as existed prior to the installation of said improvements, normal wear and tear excepted. This paragraph shall terminate 15 years after the date of this agreement. IN WITNESS WHEREOF, the parties hereto have set their hands and seals to this Agreement on the date first written. DUBLIN-SAN RAMON LIONS CLUB CITY OF DUBLIN By By President City Manager Attest: By City Clerk Approved as to Form By city Attorney EXHIBIT A Z EXHIBIT B