HomeMy WebLinkAbout7.1 KolbPrkHndicapPlygrnd 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