HomeMy WebLinkAboutCarlsbad Softball Association; 2007-10-11;BATTING CAGE/BULLPEN DONATION AGREEMENT
BETWEEN CITY OF CARLSBAD
AND CARLSBAD SOFTBALL ASSOCIATION
This Batting Cage/Bullpen Donation Agreement ("Agreement") entered into and
effective as of the date last signed below between the Carlsbad Softball Association, an
unincorporated not for profit entity, with a principal mailing address of P.O. Box 2726,
Carlsbad, CA 92018 ("CSA") and the City of Carlsbad ("City") for the construction of a
batting cage adjacent to the right field foul line on Field #2, and to enhance the bullpen
areas adjacent to each foul line on Fields #1 and #2 at Calavera Hills Community Park.
RECITALS
A. Carlsbad Softball Association seeks City's permission and consent to
construct a batting cage adjacent to the right field foul line on Field #2,
and to enhance the bullpen areas adjacent to each foul line on Fields #1
and #2 at Calavera Hills Community Park as further described below
("Project"); and
B. Carlsbad Softball Association will donate and provide all labor and
materials to the City for the Project as further described below; and
C. City acknowledges the value and contribution offered by CSA for the
betterment of the ball fields at Calavera Hills Community Park and the
public's use and enjoyment of the park; and
D. City desires to accept the donation of labor and materials for the Project
and hereby grants CSA the permission and consent; and
NOW THEREFORE, in consideration of the above recitals that are incorporated
herein, the Parties agree to the following terms and conditions:
1. DESIGN: Preliminary designs have been developed and submitted by
CSA and are identified as Attachment A (which is attached hereto and incorporated
herein).
2. SPECIFICATIONS/SERVICES/FUNDS: CSA will be responsible for all
funding and construction costs for the proposed Project. All necessary and proper permits
and approved plans and specifications will be the responsibility of CSA and must be
obtained and approved by City Public Works - Park Staff prior to commencing
construction. All plans must be submitted by an appropriate and licensed, trade applicable
architect, contractor, and/or engineer, comply with all applicable federal, state or local
laws, and must be approved by the City's Recreation, Parks Maintenance, and Building
Departments prior to start of construction. CSA will submit a timeline for completion of
the Project, which is to be pre-approved by the City.
Page 1 of4
CSA acknowledges that any and all structures or embankments constructed as a
result of this Agreement will be dedicated to the City and entirely owned by the City of
Carlsbad, and that the CSA will not have any preferential rights, neither implied nor
expressed to the scheduling or use of such structures, enhancements, ball fields, or Park
facilities. The City will provide the maintenance of the Batting Cage and the surrounding
areas once the dedication is accepted.
CSA acknowledges that any organization/individual that has formally reserved
the use of Field #2 will have priority use of the Batting Cage structure during that period
of time. Otherwise, use of the Batting Cage will be on a first come first served basis.
CSA will provide to the Recreation Department written confirmation and
financial statements indicating that funds are available to pay for the entire Project prior
to the City approving the Project in concept. Said funds shall remain available after the
City's conceptual approval and shall be available for and used to finance the entire
Project.
3. CONSTRUCTION: CSA will be responsible for providing a state licensed
contractor to construct the Project, and will assume all responsibility and liability for
those entities or individuals, regardless whether they are independent contractors,
associations, agents, or employees of CSA CSA or its contractor shall post a
performance bond in an amount equal to the cost of the entire Project for the benefit of
the City. In the event of non or incomplete performance, the City shall have the right to
proceed against CSA, CSA's contractor or the performance bond to either finish the
Project or restore the Project site to its original condition, but for the Project,
CSA will coordinate its work with all involved staff from the city's Recreation,
Park Maintenance, and Building Departments to the sole satisfaction of the City.
4. INSURANCE: Prior to the commencement of construction of the Project,
the approved contractors: Scott Fencing, 1255 Distribution Way, Vista, Ca 92081, Ca
License #C-13581918 and Jacobson Concrete and Masonry, 1344 Cynthia Lane,
Carlsbad, Ca 92008, Ca License # 634347 agree to take out and maintain, at its own
expense, commercial general liability insurance with an insurance carrier meeting the
conditions of Council Policy 70, naming the City as additionally insured without
reservation, to protect against the liabilities and for damages on account of bodily injury,
including death resulting there from, suffered or alleged to be suffered by any person or
persons whatsoever resulting directly or indirectly by or from any act or activities of CSA
or any person acting for CSA, under CSA's control or direction related to this Project and
also to protect against loss from liability for damages to or by the theft or vandalism of
any person caused directly or indirectly by or from acts or activities of any person acting
for CSA or under CSA's control or direction related to this Project. Such insurance shall
be maintained in full force and effect during the entire term of this Agreement in an
amount of not less than one million dollars ($1,000,000), combined single limit, for each
occurrence.
Page 2 of4
The insurance will not be cancelled without (30) days prior written notice to Ken
Price. Recreation Department, 1200 Carlsbad Village Drive. Carlsbad, C A 92008, by
certified by mail. CSA will furnish certificates of insurance and endorsements acceptable
to the City prior to commencement of any work under this Agreement.
The requisite polices are primary and non-contributory to any insurance that may
be carried by the City, as reflected in an endorsement which shall be submitted to the
City for approval.
5. INDEMNIFICATION: CSA agrees to indemnify and hold harmless the City and
its officers, officials, employees and volunteers from and against all claims, damages,
losses and expenses including attorneys fees arising out of the performance of the work
described herein caused in whole or in part by any willful misconduct or negligent act or
omission of the CSA, any subcontractor, anyone directly or indirectly employed by any
of them or anyone for whose acts any of them may be liable.
The parties expressly agree that any payment, attorney's fee, costs or expense
City incurs or makes to or on behalf of an injured employee under the City's self-
administered workers' compensation is included as a loss, expense or cost for the
purposes of this section, and that this section will survive the expiration or early
termination of this Agreement.
6. ADMINISTRATION: This Agreement shall be administered on behalf of the City
by its Recreation Director, or his designated representative. Other than stated in
Agreement, CSA shall have no rights, privileges or claims in any form whatsoever to the
Project, including without limitation the batting cage and bullpens that are the subject of
this Agreement and agrees to donate and forever quitclaim, discharge, and release any
claims past, present, or future regarding the Project, including the labor and materials that
constructed the batting cage and bullpens.
(Remainder of Page Intentionally Left Blank)
Page 3 of4
Robin Zocco is the President and Derek Rupp is the Treasurer of CSA and each of
them has the legal authority to sign this Agreement on behalf of CSA. CSA designates
Jeffirey Schneider and Rob Mekjian as the Project managers. Mr. Mekjian is a licensed
landscape architect and contractor and President of Lost West (a landscape
architecture/construction company). Lost West's contact phone number is 760.434.5790.
CARLSBAD SOFTBALL ASSOCIATION CITY OF CARLSBAD
By: ^^
RobmZocco, President
Date: ^ • /** • A 7
Derek Rupp, Treasurer
Date: ^//<V /
By:
Ken Price, Recrgatidn Director
Date: \o\to
icaster, Public Woncs
SuiJenfitendent.
Date:
APPROVED AS TO FORM:
BALL, City Attorney
City Attorney
Page 4 of4
SanDiegoCounty Credit Union
Date: 8/31/07
Pledge of Shares Request
Beneficiary:
City of Carlsbad
1200 Carlsbad Village Drive
Carlsbad, California 92008-1989
Applicant:
Carlsbad Softball Association
Po Box 2726
Carlsbad, California 92018
Attn: City Clerk
2530
El Camino Real
Carlsbad
California
92008-1201
Toll Free
(877)SDCCU-4U
(877) 732-2848
www.sdccu.com
We, Carlsbad Softball Association, request that San Diego County Credit Union set up a
pledge of shares naming the City of Carlsbad as beneficiary in the amount of
$ 17,500.00 as a perform mce guaranty for certain improvements tu be
constructed by us on our property. In the event of a default in our performance of the
agreement entered into between us and the City of Carlsbad, we grant the right to the City
of Carlsbad to declare a default and to m< ke a demand for payment from the Credit
Union of the shares pledged without further notice to us. We hold San Diego County
Credit Union harmless from any and all claims that may arise following a default and
payment of the pledge to the City of Carl ibad.
The shares shall remain pledged by us to the City of Carlsbad until such time the City
releases the shares by providing the credL union written notice to release the share
pledge.
The credit union shall place the shares in a blocked account with the necessary
restrictions in place that shall restrict access of the shares to anyone other than to the City
of Carlsbad in the event of a default. San Diego County Credit Union shall notify the
City of Carlsbad that the share pledge ha; been created by completing the information set
forth below.
SanDiegoCounty Credit Union
Pledge of Shares Request/City of Carlsbad
Carlsbad Softball Association
Page 2
Derek Rupp, Treasurer
Robm Zocco, President
Credit Union Acknowledgement
Pledge of Shares
Based on the above request of our members, San Diego County Credit Union has created
a pledge of shares, in a secured status, in favor of the City of Carlsbad in the amount of
Seventeen Thousand Five Hundred Dollars and 00/lQOths US Dollars ($17,500). and we
have made the appropriate beneficiary designation of the shares in account number
2495309 in the name of the City of Carlsbad. In the event of receipt of a notice by
the City of a default, the pledged shares will be paid to the City upon demand.
2530
El Camino Real
Carlsbad
California
92008-1201
Toll Free
(877)SDCCU-4U
(877) 732-2848
www.sdccu.com
Bonnie de Calonne
San Diego County Credit Union
Assistant Branch Manager
2530 El Camino Real
Carlsbad, CA 92008
Proposed Timeline for completion
of the Calavera Batting Cage
Please note that this timeline is an estimate only, and subject to change based on factors
that may arise.
-September 27, 2007
Paperwork submitted for signatures to Lori Swenk, City of Carlsbad
-Date unknown
Paperwork is signed by City officials
-Date unknown
Approved building permit is provided to CSA by Kyle Lancaster
-During the week of October 29, 2007-November 2, 2007
A 1 hour planning and review meeting will be held on-site at Calavera including CSA,
City officials and all contractors. Time and exact date TBD.
Please note: Contractor Mark Jacobson will be unavailable from 11/7/07 through
11/25/07 due to a previous commitment
-November 26, 2007
Work begins:
o Excavation and prep
o Running of electrical
o Pouring of concrete
o Installation of fencing
o Hanging of netting
o Planting of trees/other plants and other finishing touches
-December 7, 2007
Project is completed
-December 10, 2007
Inspection and approval by City
-December 11,2007
Payment of contractors
-December 12, 2007
CSA funds to be released by the City from the SDCCU account.
9/26/2007
Proposal
To
The City of Carlsbad
For
A Batting Cage at the
Caiavera Hills Park (CHP) Softball Fields
Presented to the
Carlsbad Parks and Recreation Committee
By
The Carlsbad Softball Association (CSA)
thNovember 15in, 2006
Point of Contact:
Jeff Schneider-CSA President
Email: ioschneider@cpen.med.navy.mil
Phone:760-715-3758
ATTACHMENT A
CONTENTS
Abstract 3
introduction 3
Rationale for the Park Improvements 4
Specifics of the Park Improvements 5
Impact of the Park Improvements 6
Funding of the Park Improvements 7
Informal Approval of this Proposal 7
Construction Options 8
Terms of Use 8
Maintenance 9
Summary 9
Addendum: Calavera Batting Cage layout 11-15-2006
NOTE: The above diagram is attached as a separate document.
ABSTRACT
The following proposal by Carlsbad Softball Association (CSA)
outlines a plan to improve the Calavera Hills Park (CHP) fields to a
level that is on a par with other parks in Carlsbad and neighboring
communities. This upgrade will include a single batting cage
adjacent to Field #2.
INTRODUCTION
The city of Cartsbad is growing by leaps and bounds. Houses are
popping up all over and schools and parks are being built. One of the
older parks serving Carlsbad is Calavera Hills Park (CHP) in the
community of Calavera. As we all know, a large number of new
homes are rapidly being built in this suburb of Carlsbad.
As the Calavera Hills population grows, there will be more and more
persons accessing and enjoying CHP. And as other parks in
Carlsbad benefit from extensive remodeling and upgrading of
amenities, Calavera Hills Park's facilities become outdated.
One of the major functions of CHP is to provide year-round sports
activities on its ball fields. Carlsbad Softball Association (CSA) has
been using these ball fields for many years in conjunction with other
youth and adult organizations. It is the purpose of this proposal by
CSA to request that the field amenities be upgraded to provide better
services and additional safety for those Carlsbad residents that
patronize Calavera Hills Community Park.
There has been tremendous progress on the Calavera Softball fields
during 2006 with the inclusion of safety netting on Fields 1 and 2.
CSA applauds the City for taking this proactive action by providing
this important safety feature. Also, in a combined effort utilizing City
and CSA resources, the bullpens on Fields 1 and 2 were completely
renovated. These improvements have been noticed and appreciated
by all.
As another important step in the upgrading of these softball facilities,
CSA would like to improve the further by installing a batting cage
adjacent to Field #2.
3
RATIONALE FOR A BATTING CAGE AT CALAVERA PARK
A batting cage at Calavera Hills Park is necessary for safety and to
enhance the Park's amenities to the citizens of Carlsbad.
• Safety: Due to the unavailability of a batting cage, practice
coaches are required to set up the pitching machines on the field
during practice. This causes many safety issues and also
presents a liability problem for the City:
-Electrical cords are run from the electrical outlets behind the
backstop to the mound. These outlets are unsupervised during
practice and could potentially present a hazard.
-Power cords on the field could present a safety hazard to
runners and fielders.
-Due to limited field space, coaches are frequently required to
multi-task in practice, having batters hitting off of the machine
while other players perform other practice tasks. Batted balls
present a danger to players whose attention may be focused
elsewhere. A batting cage eliminates this safety hazard.
* Amenities at Calavera Hills Park need to be upgraded.
-The increase in population will bring more Carlsbad citizens to
the park. Citizens deserve a state of the art park with state of
the art amenities.
-CHP should have amenities that are at least on par with other
local Carlsbad parks, and the parks of neighboring
communities. While full sized batting cages for hardball such
as those at Poinsettia Park are not necessary, smaller batting
cages for softball will bring CHP up to par.
-CSA has been losing enrollment in its program because other
softball offer amenitiesi former CSA
players who are Carlsbad have been compelled to
switch to other programs to take advantage of the better
facilities offered by those programs.
Additional Storage:
It should be noted that the batting cage is designed such that it will be
large enough to accommodate various types of storage containers
including some of the KNACK boxes from behind the dugout of field
#1.
SPECIFICS OF THE PROPOSED BATTING CAGE (See Addendum)
o This double batting cage will be constructed of heavy-
gauge steel fabric (as determined by Parks and
Recreation) and will be 15'W x 60'L
o The maximum height of the cage fencing will be 10' which
is equal to the height of the existing chain link fence.
o The surface of the enclosed cage area will be Angel Red
Brick Infield Dust to match the infields of Fields 1 and 2.
o A concrete strip will be present for placement of Knack
boxes.
o There will be a single entrance.
o Each cage compartment will be equipped with one or
more "home plates"
o There will be no roof on the batting cage.
o Tension netting will be added throughout the cage to
dampen the impact and sound of batted balls inside the
cage.
o Landscaping will be added to 'soften' the look of the
batting cage as determined by Parks and Recreation.
5
IMPACT OF THE
The proposed upgrade should have minimal negative impact on CHP
and a major positive impact by providing additional safety to park
patrons and added amenities for the community. Some specific
areas warranting mention are listed below:
» Use:
While the proposed batting cage should not significantly increase
the number of people that use the park, it will dramatically increase
the amenities available to those persons who currently use the
park's softball fields. This is considered a major positive impact.
* Traffic:
Since the number of person's using the park is unlikely to change,
the proposed improvements should have no effect on local traffic
patterns.
* Parking
Since the number of person's using the park is unlikely to change,
the proposed improvements should have no effect on availability
of parking.
* Noise
The sound of the bat striking the ball currently occurs when teams
take batting practice on the fields. It is anticipated that a slight
increase in the frequency of this type of noise may occur. The
placement of this batting cage should not impact neighboring
residences or patrons of the picnic area. There should be no
increase in the intensity or volume of any noise as a result of the
batting cages.
Since the batting cages will only be available during park hours,
and will mostly be used during current practice time, there should
be no after-hours noise due to the batting cage.
& Space
The of the proposed batting cage is currently a bullpen on the
first side of Field #2. The proposed batting cage can
actually continue to be used as a bullpen when not in use.
Construction
There may be some temporary impact related to construction,
however this should not impede play on either field nor should it
significantly impact park patrons.
Some irrigation lines/sprinklers may have to be moved to
accommodate the batting cage.
Electrical will be run from the nearest source to the batting cage.
This will require trenching for the running of electrical cables.
FUNDING OF THE PARK IMPROVEMENTS
CSA will accept financial responsibility for the batting cage including
grading, surfacing, moving irrigation, running electrical, fencing, and
landscaping. CSA will also provide netting for the interior of the
batting cage.
CSA may conduct specific fundraisers or seek financial sponsorship
from different organizations to help fund this project. Sponsorship
may be in the form of cash or donated materials.
INFORMAL APPROVAL OF THIS PROPOSAL
Upon notification of informal approval of this plan, CSA requests that
the City allow access to a formal site map and formal irrigation plans
of Calavera Hills Park.
At that point CSA will provide, at its expense, formal architectural or
landscape plans (as required) to the City Parks Planning Department
for the purpose of presenting this proposal to the Parks and
Recreation Committee or City Counsel.
7
CONSTRUCTION
CSA will provide blueprints and oversee construction of the project in
conjunction with a Parks and Recreation representative and in
accordance with all City requirements. CSA may use a combination
of volunteered services and hired services to complete the project.
We are fortunate to have board members and league parents
available who are qualified to supervise or perform much of the
required work. These persons include a licensed landscape architect
and several licensed general contractors who are willing to donate
their time and expertise toward the completion of the project. CSA
will also recruit volunteers to help with non-skilled, manual labor tasks
under the supervision of the aforementioned qualified individuals.
This approach will serve to significantly lower cost and construction
time, and truly help enhance community involvement in the
construction of the batting cage.
In the event that CSA does not have a qualified volunteer to perform
or supervise the construction, then we will hire a licensed contractor
or company, with City approval, to perform the necessary work.
CSA will pay these contractors directly unless other funding or prior
arrangements with the City are made. CSA will work with these
contractors and the City based on a timeline specified for completion
of the project.
Note: Installation of the cage, surfacing, netting, irrigation, drainage,
and plantings will be subject to City staff review, inspection and
approval.
TERMS OF USE
Any organization that has field time reserved on Field 2 will have
priority for using the batting cage at that specific time. In that
manner, use of the batting cage will be directly proportional to any
organization's field time. When the field (and cage) is not reserved
by a specific organization, or the field is not in use, then the batting
cage can be used by anyone.
The cage will be available during the same hours that Field #2 is
available. It would be the determination of Parks and Recreation
whether the cage would be locked during non-use hours.
MAINTENANCE
Maintenance of the batting cage will be the sole responsibility of the
Parks and Recreation Department.
SUMMARY
The amenities at Calavera Hills Park were not state-of-the-art in
comparison to other communities and there were many safety issues
that needed to be addressed. The City of Carlsbad has since
installed safety netting and joined with Carlsbad Softball Association
to improve the Softball bullpens. The final piece of this improvement
plan involves building a batting cage to upgrade the park's softball
facilities to that of neighboring cities. This batting cage can be added
with minimal or no negative impact on current park function and will
add value to the community and the expanding residency of Calavera
Hills and the City of Carlsbad.
CSA is asking that The City of Carlsbad allow CSA to move forward
and build this proposed batting cage. This addition will help make
Calavera Hills Park a safer and more enjoyable place to play softball,
and will demonstrate to visiting teams the commitment that the City of
Carlsbad has made toward providing state of the art facilities for its
citizens.
,aiavera
11-15-2006
Tension netting
will separate the
batting cage
area from the
Knaack
Box/Pitching
machine area.
Home Piate
FIELD #2
30'
60'
End of Current
Fence
15'
May 21,2007
Carlsbad Softball Association Batting Cage Summary
Location and dimensions
• First base bullpen of Field #2
• 15'Wx60'LxlO'H
• 15'W x 12'L concrete slab for KNAACK boxes
• The remainder will be Angel Red Brick Infield dust
Use
• The batting cage can also be used as a bullpen,
• The organization that has Field #2 reserved will have priority in the batting cage.
Estimated Cost
• Fencing: Scott Fence $7,930
• Landscape Contracting: Mark Jacobson $8.310
Subtotal of contracted labor $ 16,240
• Electrical: Sadler Electric $2,300 No Charge
• Netting: Gourock, Inc. $800.80
• Hitting Backdrop $100
• Trees and landscaping: Donated by Rob Zocco No cost
• Miscellaneous:
o Home plates (2) $100
o Infield dust (Included hi bid for landscape contracting N/A
o Hardware for hanging the net $ 100
Total Estimated Cost: $ 17,340.80
May 21,2007
Carlsbad Softball Association Batting Cage Summary
*Location and dimensions
• First base bullpen of Field #2
• 15'Wx60'LxlO'H
• 15'W x 12'L concrete slab for KNAACK boxes
• The remainder will be Angel Red Brick Infield dust
Use
• The batting cage can also be used as a bullpen.
• The organization that has Field #2 reserved will have priority in the batting
cage.
Estimated Cost
• Fencing: Scott Fence $7,930
• Landscape Contracting: Mark Jacobson $8,310
Subtotal of contracted labor $ 16,240
• Electrical: Sadler Electric $2,300 N/C (City)
• Netting: Gourock, Inc. $800.80
• Hitting Backdrop $100
• Trees and landscaping: Donated by Rob Zocco No cost
• Miscellaneous:
o Home plates (2) $100
o Infield dust (Included in bid for landscape contracting N/A
o Hardware for hanging the net $100
Total Estimated Cost: $17,340.80