HomeMy WebLinkAboutCC AG PKT 2015-08-10 #E AGENDA STAFF REPORT
DATE: August 10, 2015
TO: Honorable Mayor and City Council
THRU: Jill R. Ingram, City Manager
FROM: Sean P. Crumby P.E., Director of Public Works
SUBJECT: APPROVAL OF CENTENNIAL BRICKS INSTALLATION
AND DONATION AGREEMENT WITH THE SEAL
BEACH LIONS FOUNDATION
SUMMARY OF REQUEST:
That the City Council adopt Resolution No. 6589;
1. Awarding a Purchase Order to Golden State Constructors for $34,825 to
improve areas at the four locations of the Centennial bricks.
2. Authorizing the City Manager to execute an agreement with the Seal
Beach Lions Foundation for the donation of a clock.
BACKGROUND AND ANALYSIS:
In celebration of the upcoming Seal Beach Centennial, a fundraising program
was developed to sell commemorative bricks to the public. The fundraising
portion of the commemorative brick program is now complete and construction is
ready to begin. Part of the fundraising funds were set aside to install bricks in
each of the five districts of the City. The areas include the Old Town Pier, Edison
Park, Bluebell Park, Leisure World, and Marina Park.
In addition to the celebration of the Seal Beach Centennial, the Seal Beach Lions
donated a decorative clock to be placed on the left hand side of the entrance to
the Pier (see Attachment C). An agreement was prepared by the City to be
executed between the Seal Beach Lions Foundation and the City for the donation
of the clock (see Attachment B). The agreement states that the City shall install
the clock.
To complete the installation of both the commemorative bricks and the Seal
Beach Lions clock, staff solicited three contractors who have done many projects
with the City of Seal Beach.
Agenda Item E
The scope of work includes, but is not limited to, the following locations (see
Attachment D for the proposed renderings):
Location 1 — Old Town Pier
Remove asphalt, install new concrete pavers, bricks, clock, and new
illuminate bollards. Provide new electrical connections to the clock and
bollards.
Location 2 — Edison Park
Install bricks and new concrete walkway to connect to the existing picnic
bench.
Location 3 — Bluebell Park
Install bricks and new concrete walkway.
Location 4 — Marina Park
Remove existing concrete and install bricks in existing walkway.
For the fifth location in Leisure World, the Golden Rain Foundation will utilize a
preferred contractor that is familiar with their procedures and regulations.
Centennial funds will be used to pay for the Leisure World installation once plans
for the Leisure World site have been finalized.
Staff received three bids for all of the work above at each of the four locations„
The bids are as follows:
Contractor _..__.._ ..._._. ------- ------- Bid
Golden State Constructors $34,825
Free Lance Masonry $37,550
JDC $61,134
Golden State Constructors is the lowest of the three bidders and has worked with
the City on many publicly bid projects. Due to the desire to have the bricks
installed in time for the final Centennial celebration, staff is recommending
authorizing a purchase order to Golden State Constructors. Below is a
breakdown of the work to be performed and cost:
Demo, add concrete
1. Old Town Pier and pavers, install Centennial Funds $24,670
clock and bollards
2. Edison, Marina and Bluebell . Centennial Bricks Centennial Funds $10,155
TOTAL $34,825
Page 2
ENVIRONMENTAL IMPACT:
This project is categorically exempt from review under California Environmental
Quality Act ("CEQA") pursuant to Section 15301, Class 1(c) of the State CEQA
Guidelines.
LEGAL ANALYSIS:
The City Attorney has reviewed and approved as to form.
FINANCIAL IMPACT:
The Centennial Brick Fundraising Program has funds set aside for the
installation. The Fundraising Program has collected over $150,000.
Staff solicited three bids to complete the installation of the above work at four
locations Citywide. The lowest responsive bidder was Golden State Constructors
who submitted a bid for $34,825.
RECOMMENDATION:
That the City Council adopt Resolution No. 6589:
1. Awarding a Purchase Order to Golden State Constructors for $34,825 to
improve areas at the four locations of the Centennial bricks.
2. Authorizing the City Manager to execute an agreement with the Seal
Beach Lions Foundation for the donation of a clock.
U MITTED BY: NOTED AND APPROVED:
can P. Cruw by P.E. ill Ingran�t
irector of Public Works Clf� Manager .."
Prepared by: Michael Ho, P.E. Deputy Director of PW/City Engineer
Attachments:
A. Resolution No. 6589
B. Agreement with the Seal Beach Lions Foundation for the donation of the clock
C. Rendering of Clock
D. Exhibit for Old Town Pier, Edison Park, Bluebell Park and Marina Park
Page 3
RESOLUTION NUMBER 6589
A RESOLUTION OF THE SEAL BEACH CITY COUNCIL
APPROVING A PURCHASE ORDER TO GOLDEN STATE
CONSTRUCTORS FOR AUTHORIZING THE CITY MANAGER TO
EXECUTE THE DONATION AGREEMENT WITH THE SEAL
BEACH LIONS FOUNDATION
WHEREAS, the celebration of the upcoming Seal Beach Centennial, a
fundraising program was developed to sell Commemorative Bricks to the public;
and
WHEREAS, the Seal Beach Lions Foundation donated a decorative clock with a
donation agreement between the City of Seal Beach and the Seal Beach Lions
Foundation; and
WHEREAS, staff received three bids to install said brick and clock, of the three
bids Golden State Constructors was the lowest; and
NOW, THEREFORE, THE SEAL BEACH CITY COUNCIL DOES HEREBY
RESOLVE:
SECTION 1. The City Council hereby authorizes a Purchase Order to Golden
State Constructors for$34,825 to install said bricks and clock;
SECTION 2. The City Council authorizes the City Manager to execute the
agreement between the City of Seal Beach and Seal Beach Lions Foundation.
SECTION 3. The City Clerk shall certify to the passage and adoption of this
resolution.
PASSED, APPROVED, AND ADOPTED by the Seal Beach City Council at a
regular meeting held on the 10th day of August, 2015 by the following vote:
AYES: Council Members
NOES: Council Members
ABSENT: Council Members
ABSTAIN: Council Mernbers
Mayor
ATTEST:
City Clerk
STATE OF CALIFORNIA }
COUNTY OF ORANGE } SS
CITY OF SEAL BEACH }
I, Tina Knapp, City Clerk of the City of Seal Beach, do hereby certify that the
foregoing resolution is the original copy of Resolution Number 6589 on file in the
office of the City Clerk, passed, approved, and adopted by the Seal Beach City
Council at a regular meeting held on the 10th day of August, 2015.
CityClerk.................... .._ .. ...__............................
Attachment B
AN AGREEMENT BETWEEN THE CITY OF SEAL BEACH
AND THE SEAL BEACH LIONS FOUNDATION FOR THE
DONATION OF A CLOCK TO BE PLACED IN
EISENHOWER PARK IN THE CITY OF SEAL BEACH
This donation agreement ("Agreement") is entered into this day of
, 2015, by and between the City of Seal Beach, a California
charter city ("City") and the Seal Beach Lions Foundation, a California nonprofit
corporation ("Donor" or"Club").
RECITALS
A. The Seal Beach Lions Club is one of the City's most valued civic
institutions. In addition to providing important youth programming, the Club also
organizes graffiti removal in the City, coordinates an eyeglass recycling program, and
honors local teachers at an annual banquet. The Club also produces important
community events, like the Seal Beach Christmas Parade and Lions Community Fish
Fry.
B. In recognition of the City's Centennial celebration in 2015, Donor, which is
the sole and exclusive owner of the clock showed in Exhibit A ("Clock"), desires to
donate the Clock, to City, free of charge. In accordance with this Agreement, the Clock
will be placed in Eisenhower Park in the City of Seal Beach with a plaque recognizing
the Club's generous donation (a plaque in cement paid for by the Lions).
C. City may accept Donor's gift under the terms and conditions prescribed in
this Agreement pursuant to Government Code Sections 37354 and 37355.
D. City is hereby made an express beneficiary of this Agreement.
NOW THEREFORE, in consideration of the foregoing recitals and the mutual
covenants and conditions contained herein, the parties to this Agreement hereby
mutually agree as follows:
Section 1. Assignment. Donor hereby donates, transfers and assigns to City,
free of charge, all rights, title, and interest in the Clock.
Section 2. Acceptance. City hereby accepts the donation of the Clock upon its
delivery to City, pursuant to Government Code Section 37354.
Section 3. City's Responsibilities. City gratefully accepts the donation of the
Clock and agrees to the following responsibilities regarding the Clock:
A. City shall install the Clock in Eisenhower Park, where the Clock shall
remain for the reasonable life of the Clock, except for any necessary off-site repairs and
maintenance or as otherwise stated herein.
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B. City shall cement to the Clock a plaque recognizing Donor's contribution of
the Clock to the City.
C. City shall maintain and care for the Clock.
D. City shall not sell the Clock to any person or entity.
Section 4, Ownership Rights. Donor acknowledges City's exclusive rights in
the Clock and that City is and shall remain the owner of the Clock upon the delivery of
the Clock to the City. Donor agrees that Donor retains no right, title, or interest in or to
the Clock upon delivery of the Clock to City. Donor waives all claim of and to ownership
of any rights in the Clock and agrees that Donor shall not at any time dispute or contest
City's ownership of the Clock, City's exclusive right and title to the Clock, and City's right
to use the Clock, nor shall Donor assist others in doing so.
Section 5. Removal or Relocation of Clock. If City determines that the Clock
no longer functions safely, City may remove the Clock without consulting Donor. In the
event the City determines that it needs to relocate the Clock to another location, City
shall consult in good faith with Donor regarding the alternative location.
Section 6. Representation and Warranty. Donor represents and warrants to
City that, to the best of Donor's knowledge, Donor is the lawful owner of the Clock and
that Donor is not aware of any claim or controversy as to Donor's right, title, and interest
to the Clock and that Donor has the legal authority to transfer title of the Clock to City.
Donor further represents and warrants that the Clock is free of material defect.
Section 7, Cooperation. Donor shall cooperate fully and in good faith with City
for the purpose of securing, preserving, and protecting City's rights in and to the Clock.
Donor shall cooperate with City, by providing to City any information or knowledge
Donor may have regarding the Clock, if City ever needs to defend any and all claims
relating to the ownership of the Clock.
Section 8. Entire Agreement. This Agreement constitutes the entire
agreement and understanding of the parties with respect to the Clock, and supersedes
all previous negotiations and agreements, oral or written, regarding the Clock. There
are no other representations, warranties, promises, covenants or understandings other
than those contained in this Agreement.
Section 9. Modifications. This Agreement may be amended or terminated
only by a written instrument signed by both of the parties to this Agreement.
Section 10. Third Parties. City shall not be obligated or liable under this
Agreement to any third parties under this Agreement.
Section 11. Notices. Any notice required by this Agreement shall be made in
writing and deemed received on: (a) the day of delivery if delivered by hand or
overnight courier service during regular business hours; or (b) on the second business
day following deposit in the United States mail, postage prepaid, to the addresses set
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forth below, or such other addresses as the parties may, from time to time, designate in
writing:
If to City: City of Seal Beach
211 8t" Street
Seal Beach, California 90740
Attention: Jill Ingram, City Manager
If to Donor: Seal Beach Lions Club
1198 Pacific Coast Highway, Suite D-305
Seal Beach, California 90740
Attn: Mike Haley, President
Section 12. No Agency or Joint Venture. The parties understand and agree
that this Agreement does not make them an agent or legal representative of each other
for any purpose, and that no partnership or joint venture is intended to be created by
this Agreement. No party is granted, by this Agreement or otherwise, any right or
authority to assume or create any obligation or responsibility on behalf of or in the name
of the other party to this Agreement, or to bind the other party hereto in any manner
whatsoever.
Section 13, Governing Law. The interpretation and implementation of this
Agreement shall be governed by the domestic law of the State of California.
Section 14. Authority. Each party hereto represents and warrants that its
execution, delivery and performance of this Agreement has been duly and validly
authorized, and that this Agreement is binding upon and enforceable against such party
in accordance with the terms of this Agreement.
Section 15. Severability. Whenever possible, each provision of this Agreement
shall be interpreted in such a manner as to be valid under applicable law. If any
provision of this Agreement is determined by a court of competent jurisdiction to be
invalid, void or unenforceable, the remaining provisions shall nevertheless continue in
full force and effect.
[Signatures begin next page]
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IN WITNESS WHEREOF, the parties hereto, intending to be legally bound
hereby, have each caused this Agreement to be signed in its name by a duly authorized
officer or representative thereof.
CITY OF SEAL BEACH SEAL BEACH LIONS CLUB
JILL R. INGRAM ik aley
City Manager President
ATTEST:
(SEAL)
TINA KNAPP
City Clerk
APPROVED AS TO FORM:
Craig A. Steele
City Attorney
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EXHIBIT A
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