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AGENDA BILL Agenda Item No. 5(E) Date: October 21, 2014 To: El Cerrito City Council From: Garth Schultz, Operations + Environmental Services Division Manager Yvetteh Ortiz, Public Works Director/City Engineer Subject: Memorandum of Understanding with the West Contra Costa Unified School District for the Renovation of the Castro Park Athletic Field ACTION REQUESTED Adopt a resolution authorizing the City Manager to execute a Memorandum of Understanding (MOU) with the West Contra Costa Unified School District (District) for the renovation of the Castro Park athletic field. DISCUSSION As previously reported to the City Council by District representatives, the District has committed to renovating the aging Castro Park athletic field in conjunction with construction of the Fred T. Korematsu Middle School project at 7125 Donal Avenue, which is adjacent to the field. The District owns the Castro Park grounds while the City currently maintains and programs use of the park facilities including the athletic field per an existing agreement with the District. Middle School students will utilize the Castro Park field for physical education and other activities starting in the 2015-2016 school year. At the same time, participation in summer camps, baseball, soccer, and other programs continues to increase, resulting in increased wear and tear of the field at Castro Park. In addition, the Middle School construction required trenching and other work on and near the field further impacting the current condition of the field. Renovation of the Castro Park field was deemed necessary by the District and City due to the age of the field, increasing usage, and impacts related to the Middle School construction project as noted above. Because of discussions between the District and the City regarding renovation of the field, the District offered to pay up to $200,000 in expenses to renovate the field and the City offered to manage and direct the renovation project in order to expedite completion. In doing so, the City will be in a position to involve current field users in the design process and also schedule use of the field around construction, which is anticipated to begin in May or June 2015. Additionally, because the City is currently responsible for maintenance of the field, the City has incentive to conduct the renovation such that long-term maintenance requirements are carefully considered and minimized as much as possible. ---PAGE BREAK--- Agenda Item No. 5(E) Page 2 It is anticipated that renovation of the field will minimally involve complete replacement of the irrigation system, minor grading work to improve drainage, amending the soil, and replacing the field surface. If budget allows, the project may also include enhancements to landscaped areas at the field’s perimeter as well as other site elements such as pathways, fencing, bleachers, and the backstop. The renovation will allow the District and City to provide a quality athletic field for the increasing numbers of school and community users. STRATEGIC PLAN CONSIDERATIONS Approval of the proposed MOU to renovate Castro Park athletic field is consistent with El Cerrito Strategic Plan Goal C – Deepen a sense of place and community identity, and Goal D – Develop and rehabilitate public facilities as community focal points. Specifically, the MOU and renovation project are in line with the “Be a strong partner with the schools” and “Develop a plan to address ongoing and deferred maintenance of facilities and infrastructure” strategies listed under Goals C and D, respectively. ENVIRONMENTAL CONSIDERATIONS The renovation project is categorically exempt from review under the California Environmental Quality Act (CEQA) pursuant to Section 15301 (Existing Facilities) because the project is a repair to an existing facility involving negligible or no expansion of use beyond that presently existing. More specifically, restoration or rehabilitation of deteriorated or damaged facilities to meet current standards of public health and safety, unless it is determined that the damage was substantial and resulted from an environmental hazard such as earthquake, landslide, or flood, is exempt from CEQA. FINANCIAL CONSIDERATIONS Per the MOU, the City will complete the renovation work within the budget of $200,000 and the District will pay the City up to this amount for all expenses incurred for design and construction. City staff will provide project management and administration within the adopted Fiscal Year 2014-2015 operating budget for the Public Works Department. If the Council approves the MOU, City staff will seek Council authorization to engage design consultants and construction contractors for any amount beyond the City Manager’s authority for expenditures. LEGAL CONSIDERATIONS The City Attorney has reviewed the MOU and proposed action and found that legal considerations have been addressed. ---PAGE BREAK--- Agenda Item No. S(E) Attachments: 1. Resolution 2. MOU for Renovation of Castro Park athletic field Page 3 ---PAGE BREAK--- Agenda Item No. 5(E) Attachment 1 RESOLUTION 2014–XX A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF EL CERRITO AUTHORIZING THE CITY MANAGER TO EXECUTE A MEMORANDUM OF UNDERSTANDING WITH THE WEST CONTRA COSTA UNIFIED SCHOOL DISTRICT FOR THE RENOVATION OF CASTRO PARK ATHLETIC FIELD WHEREAS, the Castro Park athletic field in El Cerrito is owned by the West Contra Costa Unified School District (District); and WHEREAS, the City of El Cerrito (City) maintains and programs use of the Castro Park facilities including the athletic field per an existing agreement with the District; and WHEREAS, the District is engaged in the construction of the Fred T. Korematsu Middle School project at 7125 Donal Avenue, adjacent to the Castro Park athletic field; and WHEREAS, the athletic field at Castro Park will be utilized by the Middle School students for physical education and other activities starting in the 2015-2016 school year; and WHEREAS, participation in summer camps, baseball, soccer, and other programs continues to increase, resulting in increased wear and tear of the field at Castro Park; and WHEREAS, the Middle School construction required trenching and other work on and near the field further impacting the current condition of the field; and WHEREAS, due to the age of the field, increasing usage, and impacts related to the Middle School construction project, the Castro Park athletic field and associated elements are in need of renovation in order for the District and the City to be able to provide a quality athletic field for the increasing numbers of school and community users; and WHEREAS, the District has offered to cover the costs of renovating the Castro Park athletic field in an amount not to exceed $200,000 and the City has offered to manage and direct the renovation project to expedite completion; and WHEREAS, it is in the City’s interests to manage and direct the renovation project to facilitate participation of current field users in the design process and to schedule use of the field around construction; and WHEREAS, it is also in the City’s interests to manage and direct the renovation project because the City will ultimately be responsible for the long term maintenance of the new athletic field per the existing agreement with the District; NOW THEREFORE BE IT RESOLVED, by the City Council of the City of El Cerrito, that it hereby authorizes the City Manager to execute a Memorandum of Understanding with the West Contra Costa Unified School District for the renovation of ---PAGE BREAK--- Page 2 the Castro Park athletic field in a form substantially similar to the Memorandum hereto attached as Exhibit A. BE IT FURTHER RESOLVED, that this Resolution shall become effective immediately upon passage and adoption. I CERTIFY that at a regular meeting on October 21, 2014 the City Council of the City of El Cerrito passed this Resolution by the following vote: AYES: COUNCILMEMBERS: NOES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: IN WITNESS of this action, I sign this document and affix the corporate seal of the City of El Cerrito on October X, 2014. Cheryl Morse, City Clerk APPROVED: Janet Abelson, Mayor ---PAGE BREAK--- MEMORANDUM OF UNDERSTANDING Between WEST CONTRA COSTA UNIFIED SCHOOL DISTRICT And CITY OF EL CERRITO Page 1 of 3 The City of El Cerrito (City) and the West Contra Costa Unified School District (WCCUSD) have entered into this Memorandum of Understanding (MOU) to complete a renovation project of the athletic field located at Castro Park, in El Cerrito (Project). This Project will result in a new athletic field for use by the school, sports programs, and community. The MOU confirms a commitment between WCCUSD and the City to completely renovate Castro Park athletic field, directly adjacent to the new middle school being constructed at 7125 Donal Ave., El Cerrito. This Project is scheduled to occur in conjunction with the opening of the new school facility scheduled for the fall semester 2015, in keeping with the proposed schedule included in Exhibit A. The Project will include replacement of the irrigation system, grading work, and replacement of the outfield turf area with new sod as further described in the attached Castro Athletic Field Scope of Project document. Additionally, the Project will enhance other elements of the field such as landscaping, fencing, paths, bleachers, backstops, and other features associated with the athletic field grounds. This MOU shall become effective upon execution, and shall continue through December 31, 2015 or upon completion of the Project, whichever occurs first. The City agrees that it: • Will complete the eleme nts detailed in Section 2 (Project) of the attached Castro Athletic Field Project Scope (Exhibit B) by the start of the 2015 WCCUSD school year. • Will provide management of the Project without compensation from WCCUSD. • Will direct all work related to the Project, including selecting and managing the landscape architect, certified irrigation designer, and landscape contractor, and other contractors necessary to the completion of the work. • Obtain the District’s written approval of the Project design before commencement of any work of the Project. • Will complete all Primary Project Scope, as identified in exhibit B (Primary Project Scope), including payment of all costs, fees, and other expenses associated with the Project, within the budget of Two Hundred Thousand Dollars ($200,000) (“Project Budget”). City will discuss any deductions from Project scope of work that are necessary to keep the project within budget and obtain written consent of the District. • The Project Budget shall only be used for Project related costs as approved by the District. City Agenda Item No. 5(E) Attachment 2 ---PAGE BREAK--- MEMORANDUM OF UNDERSTANDING Between WEST CONTRA COSTA UNIFIED SCHOOL DISTRICT And CITY OF EL CERRITO Page 2 of 3 shall provide the District with a detailed accounting of all expenditures of the Project Budget. The District shall approve of the expenditures before payment of the final amount as detailed herein. • Will comply with any city, state, or local code, covenant, ordinance, or regulation applicable to the Project. • Will submit to the District a certification that: the Project is Complete; completed in accordance with the terms of this MOU, and the City’s expenditures of the Project Budget are in accordance with this MOU. • To the furthest extent permitted by California law, City shall defend, indemnify, and hold harmless the District, its representatives, officers, employees, and volunteers (the “indemnified parties”) from any and all demands, losses, liabilities, claims, suits, and actions (the “claims”) of any kind, nature, and descript on, including, but not limited to, attorneys’ fees and costs, arising out of any personal injury, bodily injury, loss of life, or damage to property, or any violation of any federal, state, or municipal law or ordinance, to the extent caused by the willful misconduct or negligent acts or omissions of City or its employees, subcontractors, or agents. The District shall have the right to accept or reject any legal representation that City proposes to defend the District. WCCUSD: • Will pay the City Two Hundred Thousand Dollars ($200,000) for all costs, expenses and fees associated with the Project. District will pay the City as follows: • Fifty Thousand Dollars ($50,000) on or before October 31, 2014; • Fifty Thousand Dollars ($50,000) within thirty (30) days of commencement of construction of the Project; and • One Hundred Thousand Dollars ($100,000) within thirty (30) days of receiving the City’s self-certification. • Will complete the elements detailed in section 1) of the attached Castro Athletic Field Project Scope by December 31, 2014. • Will review and provide written approval of the Project design within three weeks of receiving the Project design from the City. City shall not commence any work of the Project prior to receipt of District’s written approval of the Project design. ---PAGE BREAK--- MEMORANDUM OF UNDERSTANDING Between WEST CONTRA COSTA UNIFIED SCHOOL DISTRICT And CITY OF EL CERRITO Page 3 of 3 • Will review and provide written consent regarding any deductions from Project scope of work that are necessary to keep the Project within budget, within a reasonable timeframe as agreed between District and City staff to ensure timely completion of the Project. The Parties acknowledge and agree that priority will be given to completion of the Primary Project scope of work relating to the removal and replacement of the sod and irrigation. Deductions from Project scope of work, if necessary, shall first be made to the scope of work related to other Project site enhancements to non-sod landscaped areas. • To the furthest extent permitted by California law, District shall defend, indemnify, and hold harmless the City, its representatives, officers, employees, and volunteers (the “indemnified parties”) from any and all demands, losses, liabilities, claims, suits, and actions (the “claims”) of any kind, nature, and description, including, but not limited to, attorneys’ fees and costs, arising out of any personal injury, bodily injury, loss of life, or damage to property, any violation of any federal, state, or municipal law or ordinance, to the extent caused by the willful misconduct or negligent acts or omissions of District or its employees, subcontractors, or agents. The City shall have the right to accept or reject any legal representation that District proposes to defend the City. The City and District further agree that except as the City and District may specify in writing, no Party shall have authority, express or implied, to act on behalf of any other Party in any capacity whatsoever as an agent. No Party shall have any authority, express or implied, pursuant to this MOU, to bind any other party to any obligation whatsoever. Dr. Bruce Harter, Superintendent, WCCUSD Date Scott Hanin City Manager, City of El Cerrito Date ---PAGE BREAK--- EXHIBIT A 2015 Castro Field Renovation Project Proposed Schedule Proposed Date Item Notes October 15, 2014 Execute MOU District and City execute MOU for Castro Field Renovation. October 31, 2014 First Payment Issued to City District pays first installment of $50,000 to the City. November - December, 2015 Select Designer City selects qualified athletic field and irrigation designer. January, 2015 Develop Design and Construction Documents Development of design and construction documents February, 2015 Complete Design and Construction Documents Design approval by licensed landscape architect. City seeks WCCUSD written approval of Project design. March, 2015 Construction Bids City receives District's written approval of Design. City conducts appropriate bidding process to select installer. April, 2015 Contract Negotiations City enters contract negotiations with selected bidder(s). May, 2015 Approval of Contract City Council approves construction contract. June 1, 2015 Installation Begins July 1, 2015 Second Payment Issued to City District pays second installment of $50,000 to the City. July 14, 2015 Finish Installation City contractors to complete installation of turf; establishment period begins. August 14, 2015 Project Completion Project complete and field ready for use. City submits self-certification to District. District has 30 days to review and approval City's self-certification. September 14, 2015 Final Payment Issued to City District completes review of self-certification. District releases final $100,000 payment to City. ---PAGE BREAK--- EXHIBIT B CASTRO ATHLETIC FIELD RENOVATION I PROJECT SCOPE PROJECT 9/30/2014 COSTS DETAILS CONSTRUCTION 1) Trench Repair - Fill and re-compaction WCCUSD by 12/31/2014 WCCUSD Verify that trench fill compaction tests were completed, on what size lifts, at what WCCUSD If not to appropriate standards, trench may require repair prior to field renovation work. WCCUSD This may include removal of existing fill and recompacting with appropriate lifts and testing. WCCUSD Continue to correct for any continued subsidence that may occur after recompacting. 2) Field Renovation and Enhancement Project City of El Cerrito by August 30, 2015 PRIMARY PROJECT SCOPE Design and construction documents by qualified athletic field and irrigation designer. Design approval by licensed landscape architect. Remove and replace sod and irrigation: Apply lowest toxicity herbicide to kill existing sod. Mechanically remove 52,500 sf of existing sod and irrigation system. Soil scarification and minor grading of 52,500 sf to 1/10" for proper drainage. Assumes rough grading and compaction of trench area done by others in #1 above. Install drainage channels if necessary. Soil testing, preparation, organic amendments. Install new irrigation system: Schedule 40 main and lateral lines. Remote control valves - Rain Bird EFB-CP Series PRS-D or equivalent. Quick coupler valves - Rain Bird 44DLRC or equivalent. Schedule 80 triple swing joints and Hunter I-40 heads or equivalent. Toro Sentinel satellite controller with stainless steel cabinet (SSAMN) or equivalent. Pre-water and re-apply lowest toxicity herbicide. Final grading work. Install 52,500 sf of new sod, turf type tall fescure (90/10). SECONDARY PROJECT SCOPE Enhancements to non-sod landscaped areas at playfield perimeter. Enhancements to other site elements such as paths, bleachers, backstop. TOTAL PROJECT BUDGET 200,000 $ Project Budget pertains to #2 "Field Renovation and Enhancement Project" only. City will complete the largest Project scope feasible that fits within the $200,000 Project Budget. City of El Cerrito - Department of Public Works