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HomeMy WebLinkAboutItem 8.3 Sport Grnd BullpensG~~~ O~ DU~~~ i9;c9~~--;~~Z STAFF REPORT CITY C L E R K \~~f;F~,Q~~ ~ DUBLIN CITY COUNCIL File # ^®D^ D^- 3^© DATE: October 20, 2009 TO: Honorable Mayor and City Councilmembers FROM: Joni Pattillo, City Manager SUBJEC Request from Dublin Little League to Construct Bullpens at the Dublin Sports Grounds Prepared By: Diane Lowart, Parks and Community Services Director EXECUTIVE SUMMARY: The City Council will consider a request from Dublin Little League to construct two bullpens on Field #3 (the 90' baseball diamond) at the Dublin Sports Grounds. FINANCIAL IMPACT: The cost of the project would be paid for by Dublin Little League. RECOMMENDATION: Adopt Resolution approving Agreement Between City of Dublin and Dublin Little League Regarding Construction of Bullpens on City Property. ~l~ nJ~ ~' Submitted by: Parks and Community Services Director C'u-,~- Reviewed by: Assistant City Manager Page 1 of 2 ITEM NO. DESCRIPTION: Dublin Little League has proposed a project to construct two bullpens on Field 3 at the Dublin Sports Grounds. Field 3 is the 90' diamond located to the west of the restroom/snack bar building. The project involves the installation of chain link fence adjacent to the existing backstop and dugout along with a partial clay pitching mound and home plate. The project would be funded by Dublin Little League who would contract with a fencing company to have the work done. Dublin Little League has also agreed to reimburse the City for costs associated with MCE assistance (if needed) for the project. Staff has reviewed the proposed project and does not have any objections to the project. The Parks and Community Services Commission have also reviewed the project and recommends City Council approval of the project, Dublin Little League has successfully completed several other improvement projects at the Dublin Sports Grounds including the construction of score booths and batting cages. The City Attorney has prepared an agreement between the City of Dublin and Dublin Little League that outlines the responsibilities of both parties. The agreement is shown as Exhibit A to the Resolution which is Attachment 1 of the Staff Report. The general location of the bullpens is shown in Exhibit A of the agreement; a schematic of the proposed design of the bullpens is shown in Exhibit B of the agreement. NOTICING REQUIREMENTS/PUBLIC OUTREACH: A copy of the Staff Report was distributed to Dublin Little League and the Parks and Community Services Commission. ATTACHMENTS: 1. Resolution approving Agreement between City of Dublin and Dublin Little League Regarding Construction of Bullpens on City Property, with Agreement as Exhibit A Page 2 of 2 ~~ ~ RESOLUTION NO. xx - 09 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DUBLIN APPROVING AGREEMENT BETWEEN CITY OF DUBLIN AND DUBLIN LITTLE LEAGUE REGARDING CONSTRUCTION OF BULLPENS ON CITY PROPERTY WHEREAS, Dublin Little League has requested permission to construct two bullpens at Dublin Sports Grounds, amunicipally-owned park; and WHEREAS, Dublin Little League desires to transfer ownership of such improvements to City and City desires to accept the improvements upon completion by Dublin Little League and final acceptance by City; and WHEREAS, it is in the public interest to authorize the construction of such improvements. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Dublin hereby approves the agreement (attached hereto as Exhibit A) with Dublin Little League for construction of bullpens. BE IT FURTHER RESOLVED that the City Manager is authorized to make non- substantive changes to the Agreement and to execute the agreement. PASSED, APPROVED AND ADOPTED this 20th day of October, 2009, by the following vote: AYES: NOES: .ABSENT: ABSTAIN: ATTEST: City Clerk 1306175.1 City Manager l-~~ ~ ' ~ ~ 020 p ATTACHMENT 1 a~6 AGREEMENT BETWEEN CITY OF DUBLIN AND DUBLIN LITTLE LEAGUE REGARDING CONSTRUCTION OF BULLPENS ON CITY PROPERTY This Agreement is entered into this _ day of , 2009 between the CITY OF DUBLIN, a municipal corporation, hereinafter referred to as "CITY" and the DUBLIN LITTLE LEAGUE, anon-profit organization, hereinafter known as "LITTLE LEAGUE". RECITALS WHEREAS, LITTLE LEAGUE has requested permission to construct two bullpens at Dublin Sports Grounds, amunicipally-owned park; and WHEREAS, LITTLE LEAGUE desires to transfer ownership of such improvements to CITY and CITY desires to accept the improvements upon completion by LITTLE LEAGUE and final acceptance by CITY; and WHEREAS, it appears to be in the public interest to authorize the construction of such improvements. NOW, THEREFORE, LITTLE LEAGUE AND CITY mutually agree as follows: AGREEMENT Section 1. CITY Rights and Responsibilities. A. CITY agrees and permits LITTLE LEAGUE to construct two bull pens at Dublin Sports Grounds located in the City of Dublin at the corner of Civic Plaza and Dublin Boulevard. The general location of the batting cages shall be in the areas 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 Parks & Facilities Development Coordinator. A schematic of the proposed design is shown on Exhibit B, attached hereto and incorporated herein. C. CITY agrees to oversee the project and be responsible for the following: approve layout of the location of the batting cages; coordinate equipment use during construction; and perform minor modifications to irrigation system as needed. D. Final inspection of the improvements by CITY shall take place within five (5) working days after written request by LITTLE LEAGUE. Final completion shall occur upon correction of all items noted in the final inspection. AGREEMENT BETWEEN CITY OF DUBLIN AND DUBLIN LITTLE LEAGUE October 20, 2009 REGARDING CONSTRUCTION OF BULLPENS ON CITY PROPETY Page 1 of 3 EXHIBIT A 'T'O ATTACNMGNT t J Section 2. LITTLE LEAGUE Rights and Responsibilities. A. Prior to beginning work, LITTLE LEAGUE shall submit to CITY Parks & Facilities Development Coordinator plans and specifications identifying the method, timing, and locations of the bullpens. The plans shall be in enough detail to assure that the project will be constructed in a sound manner. Actual construction shall be in accordance with plans approved by the Parks & Facilities Development Coordinator. B. LITTLE LEAGUE shall notify the Parks & Facilities Development Coordinator to obtain approval for the dates of construction. C. Work performed under this Agreement is a public works project as defined by Labor Code Section 1720(a), and is therefore subject to prevailing wage requirements under the Prevailing Wage Law, California Labor Code Sections 1720 of seq. LITTLE LEAGUE shall comply with, and verify compliance with, this requirement in the administration of its contracts with any contractors. D. LITTLE LEAGUE shall be responsible for taking all safety precautions required by the Parks & Facilities Development Coordinator, including any measures necessary to protect adjacent improvements during construction. E. LITTLE LEAGUE shall provide CITY with evidence of public liability insurance in an amount not less than $1,000,000 combined single limit per occurrence against claims for injuries to persons or damage to property which may arise from or in connection with the performance of the construction of the batting cages. LITTLE LEAGUE shall name CITY as an additional insured. F. LITTLE LEAGUE represents and warrants that the improvements, as fabricated and installed, will be free from any defects in materials and workmanship, and that the improvements are free and clear of any liens or encumbrances from any source and of any kind of nature whatsoever. G. LITTLE LEAGUE shall indemnify CITY, its officers and employees against liability for injury or damage caused by a negligent act or omission of LITTLE LEAGUE in the performance of this Agreement and shall hold CITY harmless from and defend CITY against any loss occasioned as a result of the performance of this Agreement by LITTLE LEAGUE. LITTLE LEAGUE shall further indemnify CITY, its officers and employees against liability arising from LITTLE LEAGUE'S failure to comply with any applicable laws, including but not limited to California Labor Code Sections 1720 et seq. H. CITY shall indemnify LITTLE LEAGUE, its officers and employees against liability from injury or damage caused by a negligent act or omission of CITY in the performance of this Agreement and shall hold LITTLE LEAGUE harmless from and defend LITTLE LEAGUE against any loss occasioned as a result of the performance of this Agreement by CITY. I. LITTLE LEAGUE agrees to reimburse CITY for the costs it incurs in performing the duties associated with the project identified in Section 1.C above. AGREEMENT BETWEEN CITY OF DUBLIN AND DUBLIN LITTLE LEAGUE October 20, 2009 REGARDING CONSTRUCTION OF BULLPENS ON CITY PROPETY Page 2 of 3 4 ~~ Section 3. Ownership of Improvements. A. Ownership of the improvements and all risk of loss shall remain with LITTLE LEAGUE until the improvements have been accepted in writing by CITY ("final acceptance"). CITY agrees to accept the improvements at such time. B. In the event that this Agreement is terminated or the property is disposed of by CITY, LITTLE LEAGUE shall 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. Section 4. Maintenance of Improvements. A. Notwithstanding that CITY shall own the improvements upon its final acceptance, LITTLE LEAGUE shall, at its sole cost and expense, and for a period of 10 years after the date of final acceptance, maintain the improvements in a usable, safe condition, and to CITY'S reasonable satisfaction. If the CITY determines that the improvements require maintenance, it shall provide written notice to Company of the circumstances requiring maintenance. If LITTLE LEAGUE fails to so take steps to restore the improvements to CITY'S satisfaction within thirty (30) days of such .written notice, CITY may, at its sole discretion, either perform the necessary maintenance itself, or remove the improvements, and LITTLE LEAGUE shall reimburse CITY for all costs associated with such maintenance or removal. In the event that the improvements are in a condition that presents an immediate risk of injury or harm, CITY may conduct such repairs as are necessary to restore the improvements to a state that does not present a risk of injury or harm to the public, and LITTLE LEAGUE shall reimburse CITY for all costs relating to such repair. IN WITNESS WHEREOF, the parties hereto have set their hands and seals to this Agreement on the date first written. DUBLIN LITTLE LEAGUE By President Approved as to Form By City Attorney 1305875.1 CITY OF DUBLIN By City Manager Attest: By City Clerk AGREEMENT BETWEEN CITY OF DUBLIN AND DUBLIN LITTLE LEAGUE October 20, 2009 REGARDING CONSTRUCTION OF BULLPENS ON CITY PROPETY Page 3 of 3 5~ ~ N C O /L~ V N L Q D Li. L 0 I ~' ~~ ~~ ~~~ ~`~ 2 m O 0 o i ---~ of ~ o~ o ~ L Q~ `~ I V V ~_ N ~ I i i I t I I ~ ~ ``\ I I ~ C -~ I ~ ~ I "- 0~ ra ~~ Ca] ~ 1 ~~ i i O >~ 0 O ~ O ~~~~~ ----i ' / I, -~ 4~ ~ ~. 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