MEMORANDUM OF UNDERSTANDING LAFAYETTE PARK PLAYGROUND

Transcription

1 MEMORANDUM OF UNDERANDING LAFAYETTE PARK PLAYGROUND This MEMORANDUM OF UNDERANDING (this MOU ) is made and entered into as of December, 2010 (the Reference Date ), by and between San Francisco Parks Trust, Inc. a California nonprofit public benefit corporation ( SFPT ) acting as the fiscal agent for the Friends of Lafayette Park Playground, an unincorporated neighborhood association ( FoLP- PG ), and the Recreation and Park Commission (the Commission ) of the City and County of San Francisco (the City ), acting through its Recreation and Park Department ( RPD ). Recitals A. SFPT enters into this MOU in its capacity as the fiscal agent for the FoLP-PG. SFPT and FoLP-PG ( SFPT/FoLP-PG ) shall undertake certain obligations together, as more fully set forth herein. B. RPD operates and maintains certain real property commonly referred to as the Lafayette Park (the Park ) located on Sacramento Street in the City, as more particularly described in Exhibit A attached hereto (the Property ). The Property is under the jurisdiction of the Commission. C. Through a series of no fewer than three community meetings, SFPT/FoLP-PG will create, present, develop and refine a conceptual plan (the Conceptual Plan ) for the renovation and construction of the play area at the Property, which is subject to the approval of the Commission, the boundaries of which are generally defined in Exhibit A attached hereto (the Play Area ). The conceptual plan for the Play Area shall be an integral part of the overall conceptual plan for the renovation of the Park to be performed by RPD under the 2008 Clean and Safe Neighborhood Park Bond Program. Modifications to the boundaries of the Play Area may be made with approval of the Commission, and shall be incorporated as an addendum to this MOU from time to time. D. SFPT/FoLP-PG proposes to make an in-kind donation (the In-Kind Gift ) and cash donation (the Cash Gift ) to the City, which shall include directly gifted funds, gifts of services and materials, and associated administrative costs of and incurred by SFPT/FoLP-PG (together the In-Kind Gift and the Cash Gift are referred to herein as the Gift ), effective upon the Acceptance Date. E. RPD has budgeted $1,050,000 in 2008 Clean and Safe Neighborhood Park Bond dollars (collectively, the City Funds ) for the improvements to the play area at Lafayette Park. F. The Gift is subject to (a) The Commission s recommendation to the Board of Supervisors of the City (the Board ) that the City accept such Gift, and (b) the Board s acceptance of the Gift on the date of such acceptance (the Acceptance Date ). 1

2 Page 2 of 6 Agreement NOW, THEREFORE, in consideration of the mutual covenants and warranties contained herein, and intending to be legally bound hereby, the parties hereto agree as follows: 1. Scope of the Project: The Project shall include the Site Preparation, Construction of the New Playground, and any associated ADA path of travel upgrades as described below. 2. Definitions: For the purposes of this MOU, the following capitalized terms shall be defined as follows: ADA Work shall mean accessibility improvements performed within the play area, as required as a condition of approval by the DPW ADA Coordinator, and the construction of an accessible path of travel from the Play Area to the closest accessible path serving the restrooms and designated accessible parking/loading zone. Play Area Improvements shall mean the Site Preparation, the ADA Work as described above, and construction and installation of the New Playground. New Playground shall mean the new play area constructed in accordance with the Conceptual Plan and the Construction Documents. Site Preparation shall mean the demolition and site excavation of the existing Play Area and installation of irrigation, water and utility connections within the Play Area boundary. 3. SFPT/FOLP-PG Responsibilities. SFPT/FoLP-PG will provide the following: (a) Design and Preparation of Construction Documents for Play Area Improvements. SFPT/FOLP-PG shall engage the services of a licensed and insured design professional to prepare conceptual, schematic, and detailed designs and construction documents for the Play Area Improvements as described above. Detailed construction drawings and technical specifications for the Play Area Improvements, including five (5) full size sets, five (5) half size sets, and one electronic file-copy, all bearing the stamp and signature of the licensed design professional, shall be delivered to RPD upon acceptance of the Gift. (b) Construction Support for the Play Area Improvements. SFPT/FoLP-PG shall retain the services of the above mentioned designer for the duration of the project s construction to provide construction support services related to the Play Area Improvements. 4. RPD Responsibilities. RPD will provide the following: (a) Design and Construction Documents for General Park Improvements. RPD shall contract with the Department of Public Works ( DPW ) for the design and 2

3 Page 3 of 6 preparation of construction drawings, technical specifications and general specification for the balance of the park improvements. (b) Special A/E Design Services. RPD shall commission the preparation of the following special studies, copies of which shall be made available to the Play Area designer: a topographic survey, an arborist report, a historic resources report, a geotechnical study, and a hazardous materials assessment. (c) Coordination. RPD shall designate DPW as the Project Lead responsible for the coordination of the Play Area design and the design of balance of the park improvements. RPD/DPW shall be responsible for the consolidation and coordination of the Play Area Construction Documents and the Park Construction Documents into a single package (collectively, the Park Improvement Contract Documents ) for the purposes of project reviews, bidding and construction. RPD/DPW shall be responsible for the coordination of all city approvals and reviews, including but not limited to City ADA Coordinator, RPD staff and Commission reviews. (d) Public Meetings. RPD shall be responsible for the facilitation of community meetings and for the public notification process. (e) Contracts. RPD shall provide for the administration of a formal construction contract, in conformance with City requirements to complete the entire park renovation, including the Project as defined above. (f) Project Management. RPD shall provide Project management services for the entire park renovation, including the Project as defined above. (g) Construction Management: RPD shall provide Construction Management services for the entire park renovation, including the Project as defined above. 5. Gift. Following the Acceptance Date and after the completion of the Construction Documents, SFPT/FoLP-PG shall give the Gift to the City, subject to paragraph 7 hereof. Cost of Project. SFPT/FoLP-PG and RPD agree that the Construction budget for the work associated with Lafayette Park Playground base project is $955,000 (the Base Budget ), plus a 10% construction contingency for a total of $1,050,000, which shall be funded by the 2008 Clean and Safe Neighborhood Park Bond. Enhancements to the base project, valued at up to an additional $845,000, are intended to be funded by other monies that are to be raised by Friends of Lafayette Park Playground. In the event the Base Budget is increased as a result of additional monies raised (the Increased Budget ), FoLP-PG/SFPT shall notify the Architect and the Architect and FoLP-PG/SFPT may thereafter agree to a change in the Project s scope and quality. Plans for the project developed by Architect will be publicly bid and the project will be designed to assure that an acceptable bid will occur that can be constructed given the Base Budget or the Increased Budget, as the case may be, provided 3

4 Page 4 of 6 that enhancement(s) to the Base Budget shall be bid as additive alternate(s) and will be awarded contingent upon an Increased Budget. At the time of the acceptance of the Gift, SFPT/FoLP-PG shall submit to RPD a construction cost estimate prepared by a mutually agreed upon cost estimating professional that documents that the project scope, as presented in the Play Area Construction Documents, can be delivered with the sum of the cash Gift and the $1,050,000 in City Funds, assuming a 10% construction contingency (collectively the Play Area Construction Budget ). The financial obligation of SFPT under this MOU in respect to the Gift shall be limited to the funds actually raised by FoLP-PG, notwithstanding the Play Area Construction Budget. If the bid received for the Play Area Improvements exceeds the Play Area Construction Budget and RPD has insufficient funds available to award the contract, then, SFPT/FoLP- PG shall cover the cost to re-design the Project and RPD shall cover the cost to readvertise the Project. 6. Donor Recognition. SFPT/FoLP-PG may, as a component of their fundraising campaign, wish to establish a donor recognition program. RPD agrees to seek Commission approval for the program in a manner consistent with the Park Code and Commission policy. 7. Financial Reports and Disposition of Unexpended Funds. Upon acceptance of the Gift, RPD agrees to provide quarterly financial reports to SFPT/FoLP-PG until such time as all funds have been expended or the disposition of unexpended funds has been effected in accordance with the following sentence. Within 60 days of completion of the project, RPD will return (a) unexpended City funds to the capital improvement program to be used for future park renovations and (b) unexpended Cash Gift funds to SFPT to administer a restricted fund for the exclusive purpose of maintaining the Improvements to the Play Area. 8. Management. A Joint Committee is hereby established to administer the Project, whose initial membership is as follows: RPD Representative: Mary Hobson FoLP-PG/SFPT Representatives: Dede Kramer, Corrina Bonomo and Maria D Angelico The Joint Committee may be enlarged by mutual agreement of RPD and SFPT/FoLP-PG PG. In the event of a dispute for which the Joint Committee cannot reach an equitable resolution, the final decision shall fall to the General Manager of RPD. 9. Time. Both parties agree that time is of the essence. Therefore, RPD and SFPT/FoLP- PG agree to seek Board approval to accept the Gift no later than two (2) months prior to the scheduled design completion date. 4

5 Page 5 of Termination. At any time prior to the Acceptance Date, either party shall have the right to terminate this MOU. Any such termination shall be effective upon delivery of written notice of same to the other party. 11. Miscellaneous. (a) Notices. All notices, demands, requests or other communications given under this MOU shall be in writing and be given by personal delivery, United States Postal Service, or nationally recognized overnight courier service to the address set forth below or as may subsequently in writing be requested. Any party may change the notice addresses set forth below at any time by written notice of same to the other party. If to SFPT/FoLP-PG PG: San Francisco Parks Trust 501 Stanyan Street San Francisco, California Attention: Executive Director If to the Commission: San Francisco Recreation and Park Department 501 Stanyan Street San Francisco, California Attention: General Manager (b) Entire Agreement; Amendments. All recitals set forth above are hereby incorporated into the body of this MOU. This MOU, including all exhibits attached, constitutes the entire agreement between the parties and supersedes all prior agreements, promises and understandings, whether oral or written. This MOU shall not be modified, amended, supplemented or revised, except by a written document signed by both parties. (c) Counterparts. This MOU may be executed in two or more counterparts, each of which shall be deemed to be an original, but all of which together shall constitute one and the same instrument. (d) Headings. The headings contained in this MOU are for convenience only and are not a part of this MOU, and do not in any way interpret, limit or amplify the scope, extent or intent of this MOU, or any of the provisions of this Agreement. [ REMAINDER OF PAGE INTENTIONALLY LEFT BLANK ] 5

6 Lafayette Park PG MOU IN WITNESS WHEREOF, the undersigned have indicated their approval as of the Reference Date. APPROVED: Margaret McArthur Commission Secretary Recreation and Park Commission Resolution Number Philip A. Ginsburg General Manager Recreation and Parks Department San Francisco Parks Trust, Inc., a California non-profit public benefit corporation By: Name: Title: Attachments: Exhibit A Lafayette Park Map 6

7 ATTACHMENT A EXHIBIT A. LAFAYETTE PARK MAP Lafayette Park St ai rw G WASHIN Park Features ay OC TAVIA TON Point Asset ia Perenn Tu rf rf Tu Lafayette Park Picnic Area bbe Shru Lafayette Park Maint Shed bldg Cargo Container d Annual Bed Stairway Annual Bed T CLAY S ry Lafayette Park Bathroom Lafayette Park Children's Play Area Lafayette Park Asphalt Pathway Drinking Fountain - Peren nial B e Non-Landscaped Greenspace Functional Area Linear Asset l Bed rf Tu te P Lafayet y bb er Lafayette Park Trail Sh ru rt 2 nis C ou ark Ten nce d Be Fe Chain Link k Fence al nni CHILDREN'S PLAY AREA rt 1 nis C ou ark Ten Non-Landscaped Greenspace in Chain L te P Lafayet Lafayette Park Multi-Use Paved Play Area nk Fence Chain Li e Per T CLAY S GOU GH LAGUNA Lafayette Park Maintenance Facility Drinking Fountain Bag Dispenser f Tur Bag Dispenser Lafayett e Park y Dog Pla alk Sidew SACRAM T EN T O S OC TAVIA 0 Area Stairway 250 Feet 500 Non-Landscaped Greenspace Stairway